Loading...
HomeMy WebLinkAbout7-17-18 meeting packet items 20-26BUSINESS ITEM 5A STAFF REPORT DATE: 7/17/2018 REGULAR ITEM #: 20 TO: City Council FROM: Emily Becker, Planning Director ITEM: Northport 2nd Addition Final Plat REVIEWED BY: Jack Griffin, City Engineer BACKGROUND: The Council is being asked to consider a Final Plat request from Pulte Homes of MN LLC for the 2nd Addition of Northport, a planned 104 unit residential development. The 2nd Addition includes 27 (shown as 29 on the final plat, but Lot 10, Block 2 and Lot 1, Block 3) single family lots that are located within a 22.34 acre area to the northwest of Northport 1st Addition. Staff is recommending approval of the request subject to compliance with the conditions listed in this report. ISSUE BEFORE COUNCIL: The Council is being asked to recommend approval or denial of the Final Plat request for the 2nd Addition of based on its consistency with the approved Preliminary Plat. PROPOSAL DETAILS/ANALYSIS: General Information. Applicant: Pulte Homes of MN LLC, 7500 Flying Cloud Drive, Ste 670, Eden Prairie, MN 55344 (will act as both developer of the property and builder of homes) Property Owners: Pulte Homes of MN LLC, 7500 Flying Cloud Drive, Ste 670, Eden Prairie, MN 55344 Location: PID# 13.029.21.44.0042 Request: Application for final plat approval of a 27 unit residential subdivision to be named Northport 2nd Addition Zoning: LDR – Limited Density Residential Surrounding: North – Easton Village (LDR – Limited Density Residential); West – Reid Park (PF – Public and Quasi Public Open Space; South – Heritage Farms (Open Space Development); East – Lake Elmo Airport (Baytown Township). Comp. Plan: Village Urban Low Density Residential (1.5 - 2.49 units per acre) History: Property was included in Village Planning Area boundary and municipal sewer service area as defined in the 2013 Village Land Use Plan. Site has historically 2 BUSINESS ITEM 5A been used for farming activities, including the growing of agricultural crops. Sketch Plan review by Planning Commission on 06/30/12014. A Comprehensive Plan Amendment was approved on 7/15/2014 by Resolution 2014-60, and Preliminary Plat was approved on 9/16/2014 by Resolution 2014-74. Preliminary plans revised 12/01/2014. Final Plat of 1st Addition (approving 36 units) approved on September 5, 2017 by Resolution 2017-089. Action Deadline: Application Complete – 6/5/2018 60 Day Deadline – 8/4/2018 Extension Letter Mailed – No 120 Day Deadline – N/A Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (LDR) §150.270 Storm Water, Erosion, and Sediment Control Consistency with Preliminary Plat. It was previously discussed with the approval of the 1st Addition Final Plat that the approved Preliminary Plat was updated to address Engineering comments. Dimensional standards generally stayed the same and there was a connection to the McLeod property to accommodate future development. Eyebrow islands were also added. Outlots. • Outlot B (as shown on the Final Plat) will be homeowners’ (HOA)-owned, and the developer has indicated that it will include a play structure. • Outlot A will be developed in to single family lots in the final phase(s) of the development. • There will be an outlot to the north of the houses north of Lower 31st Street, as indicated per the preliminary plans, that will need be platted with the final plat of 2nd Addition to be used for stormwater purposes. Right-of-Way. There is 1.02 acres of non-arterial right-of-way being dedicated. Parkland. The developer met the City’s parkland dedication requirements through the deeding of Outlot C, which is now an extension of Reid Park. The developer is not responsible for additional park fees or improvements for the entire development, including this addition. Engineering Comments. The City Engineer comments can be reviewed in the attached Northport 2nd Addition Final Plat review memo dated July 2, 2018. It is a recommended condition of approval that these comments be addressed, and many of the comments are recommended as separate conditions of approval in order to more effectively outline these requirements. Metropolitan Airports Commission (MAC) Comments. Due to MAC’s review comments regarding the 1st Addition, it was a condition of approval that the applicant provide a disclosure statement to all first homeowners in the development advising of the airport and associated over- flights, and all builders shall be encouraged to incorporate interior noise reduction measures in to single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. Staff recommends that this be a condition of approval for the 2nd Addition as well. Building Official/Public Safety Review. The Building Official and Fire Chief reviewed the proposed Final Plat and have verified that the fire hydrant locations and spacing are in compliance 3 BUSINESS ITEM 5A with applicable codes and standards. The on-street parking and signage will be dictated by the city parking ordinance. Access. There is a connection to 30th Street via Village Parkway, a minor collector road that will serve as the primary access and circulation route for the development, extending from 30th Street to Easton Village. Landscape Plans. The City’s Landscape Architect reviewed the landscape plans, and the report is attached. There are 11 tree discrepancies that need to be corrected, and the trees should be spaced further apart. Trees that do not fit the larger spacing can be moved to the buffer areas. Further, there are a number of utility conflicts that need to be corrected. It is a recommended condition of approval that the landscape plans be updated per these comments and resubmitted and approved by the City. Buffering. A condition of the Comprehensive Plan Amendment previously approved by adoption of Resolution 2014-60 was that additional buffering and screening be provided along the southwest portion of the property, particularly the east boundary of the McLeod property. Trees have been proposed to provide screening, and an infiltration area will provide a buffer. It was a condition of approval of the 1st Addition that the landscape plans for that addition are not to include landscaping within Outlot C so as to not interfere with any amendments needed to that infiltration area to accommodate potential development of the McLeod parcel. Therefore, the landscape plans for a future addition will need to include this infiltration area. Additionally, the Comprehensive Plan designates a buffer area on the south and east side of this development, though this buffer does not apply to this addition. Streets. The street names do not adhere to the recently amended street naming policy in that they have the direction prefix of Upper and Lower, but they are consistent with the 1st Addition Final Plat and preliminary plat. All local streets provide a 60 foot right-of-way and are 28 feet wide, which will allow for on-street parking on both sides. There will be no parking allowed in the eyebrows. Final Plat Approval Process. The City’s subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City’s approval of the Preliminary Plat did include a series of conditions that must be met by the applicant, which are addressed in the “Review and Analysis” section below. There are no public hearing requirements for a final plat. In order to provide an update concerning the conditions associated with the preliminary plat for Northport (formerly known as Village Park Preserve), Staff has prepared the following: Preliminary Plat Conditions as designated by Resolution 2014-74 – With Staff Update Comments (updated information in bold italics): 1) The Metropolitan Council must approve the Comprehensive Plan Amendment for the Holliday parcel in advance of the City’s consideration of an application for Final Plat for the Village Park Preserve Subdivision. Comments: The Metropolitan Council approved the Comprehensive Plan Amendment for the Holliday parcel on September 23, 2014. 2) In advance of Final Plat application, the applicant shall provide adequate title evidence satisfactory of the City Attorney. Comments: This condition was met with the 1st Addition. 4 BUSINESS ITEM 5A 3) All required modifications to the plans as requested by the City Engineer in a review memorandum dated September 4, 2014 shall be incorporated into the plans prior to consideration of a Final Plat. Comments: The preliminary plans have been updated and approved by the City Engineer. It is a recommended condition of approval that all required modifications to the Final Plat and plans as requested. 4) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements. Comments: See above. 5) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. Comments: The Applicant obtained Valley Branch Watershed District approval on July 13, 2017. It is a recommended condition of approval that these rules and regulations be followed. 6) Related to the proposed storm water discharge to the south, the Applicant must provide written permission from all property owners of the affected parcels located south of the proposed 30th Street culvert consenting to the discharge location, volume and rate(s) in advance of submitting Final Plat. Comments: The applicant has provided a Drainage and Utility Easement, Temporary Construction Easement, and Right-of-Way easement from the McLeod property, as well as a Temporary Construction Easement from the Krueger property with the 1st Addition. 7) The Applicant shall be responsible for the submission of final plans and the construction of all improvements within the 30th Street right-of-way as required by the City and further described in the review memorandum from the City Engineer dated September 4, 2014. Comments: This condition is not applicable to this addition. 8) The Applicant shall observe all right-of-way and other requirements included in a review memorandum from Washington County dated September 3, 2014. Comment: This condition does not apply to this addition. 9) The Landscape Plan shall be updated per the recommendations of the City’s Landscape Consultant, described in a memo dated September 4, 2014. Tree protection measures for trees intended to be saved according to the submitted Tree Survey must be included in the Final Landscape Plan. Comments: It is a recommended condition of approval that the Applicant obtain City approval for the Landscape Plans. 10) The Applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of Final Plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of Final Plat, and said plan shall document extent of any proposed grading on the site. Comment: Grading will be addressed in the Development Agreement that will likely be approved concurrently with Final Plat. 11) The Applicant shall install an additional row of trees in the rear of Lots 1-3, Block 1 to provide additional screening for the eastern boundary of the McLeod property to satisfy the condition of approval related to the requested Comprehensive Plan Amendment. Comments: As previously mentioned, it was a condition of approval of the 1st Addition that the landscape plans for that addition are not to include landscaping within Outlot C so as not to interfere with any 5 BUSINESS ITEM 5A amendments needed to that infiltration area to accommodate potential development of the McLeod parcel. Therefore, the landscape plans for a future addition will need to include this additional row of trees. 12) The developer shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across the site. Comments: The final plans have been approved by Northern Natural Gas, and the easement agreement is ready to be signed. It is a recommended condition of approval that the Applicant execute this easement for the 2nd Addition. 13) The developer shall submit a letter from the Metropolitan Airports Commission agreeing to design of stormwater facilities acceptable to the City prior to submitting the Final Plat application. Comments. The MAC provided a letter dated December 5, 2014 to the City which indicates that while they do not advocate the construction of open-water retention ponds in close proximity to their airports due to their potential to attract and/or sustain hazardous wildlife, that they acknowledge both the engineering challenges on the development site that make the sole use of dry ponds or infiltration basins to accommodate the upstream developed flows and the surface water runoff from on-site development impractical and the efforts being made by the City to design and construct a regional stormwater retention system to reduce the volume and rate of unmitigated stormwater flowing to parcels in the immediate vicinity of the airport. Planning Commission Review. The Planning Commission reviewed the Final Plat at its July 9, 2018 meeting and wanted to ensure that first time homeowners were aware of the airport and the associated noise. The Commission recommended approval with a 7-0 vote. Recommended Findings. Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Northport 2nd Addition Final Plat: 1) That all the requirements of City Code Section 153.07 related to the Final Plan and Final Plat have been met by the Applicant. 2) That the proposed Final Plat for Northport 2nd Addition consists of the creation of 27 (formerly 29) single-family detached residential structures. 3) That the Northport 2nd Addition Final Plat is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014 and as amended on September 6, 2017. 4) That the Northport 2nd Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 5) That the Northport 2nd Addition Final Plat complies with the City’s Urban Low Density Residential zoning district regulations. 6) That the Northport 2nd Addition Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances with the exception of issues identified in the July 9, 2018 Staff report to the Planning Commission. 6 BUSINESS ITEM 5A 7) That the Northport 2nd Addition Final Plat complies with the City’s subdivision ordinance. 8) That the Northport 2nd Addition Final Plat is generally consistent with the City’s engineering standards with the exception of necessary plan revisions outlined by the City Engineer in his review comments to the City regarding Northport 2nd Addition Final Plat dated July 2, 2018. Recommended Conditions of Approval. Staff is recommending certain conditions that have been specifically identified as part of the final plat review and that have not otherwise been addressed by the applicant, be addressed as part of the Planning Commission’s recommendation to the City Council. The City Engineer’s review letter does identify several issues that need to be addressed by the developer in order for the City to deem the final plans complete. Staff is recommending that City Officials not sign the final plat mylars until the City’s construction plan review is finalized and all necessary easements are documented on the final plat. Based on the above Staff report and analysis, Staff is recommending approval of the final plat with several conditions intended to address the outstanding issues noted above and to further clarify the City’s expectations in order for the developer to proceed with the recording of the final plat. 1) Final grading, drainage, and erosion control plans, sanitary and storm water management plans, landscape plans, and street and utility construction plans shall be reviewed and approved by the City Engineer and applicable Staff prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in the memorandums addressing Northport 2nd Addition Final Plat dated July 2, 2018 shall be incorporated into these documents before they are approved. Final Construction Plans and Specifications must be prepared in accordance with the City approved Preliminary Plans and in accordance with the City Engineering Design Standards Manual dated March 20, 2017 using City details, plan notes, and specifications. 2) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to its execution by City Officials. A drainage and utility easement should be dedicated over all of Outlot A. 3) The Northport 2nd Addition final plat shall include an outlot to be called Outlot B including the Pond #4SE to be dedicated to the City for ongoing operation and maintenance. 4) Final plat approval shall be contingent upon either removing Lot 10, Block 2 and Lot 1, Block 3, or adding a temporary cul-de-sac per City detail 807B at the street termination point for Upper 31st Street North. 5) No building permits, including model home permits, may be accepted and issued by the City until for the 2nd Addition until all grading and storm water facilities are fully completed and verified by as-built shots for all Northport preliminary plan areas, including final grading adjacent to Easton Village, the storm sewer outfall pipe south of 30th Street, the construction of 30th Street box culvert extension, and the 30th Street turn lane improvements. 6) Final plat approval shall be contingent on the plans including a bituminous trail connection to Reid Park. 7 BUSINESS ITEM 5A 7) All off-site easements as required and approved by the City Engineer and Public Works Director shall be documented on the Final Plat prior to release of the Final Plat for recording. 8) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements for the Village Park Preserve Final Plat with financial guarantees therefore. 9) The Landscape Plans must be updated plans and approved by the City’s Landscape Architect. All utility conflicts must be removed. 10) A Landscape License Agreement shall be executed for the maintenance of right-of-ways prior to release of the final plat by City Officials. 11) The applicant shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights, and all builders shall be encouraged to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 12) The Applicant shall provide the City with a copy of the Northern Natural Gas permit and abide by any conditions of approval. 13) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act. RECOMMENDATION: Staff and the Planning Commission recommend, as part of tonight’s consent agenda, approval of the Northport 2nd Addition Final Plat with conditions of approval as listed in the Staff report. If removed from the consent agenda, approval may be made with the following suggested motion: “Move to adopt Resolution 2018-081 approving the Northport 2nd Addition Final Plat with the conditions of approval as drafted by Staff” ATTACHMENTS: 1. Final Plat and Landscape Plans 2. City Engineer Review Memo dated July 2, 2018 3. Landscape Review Memo 4. Resolution 2018-081 approving final plat Villa g e P a r k w a y N LOWE R 3 1 S T S T R E E T N Vi l l a g e P a r k w a y N LO W E R 3 1 S T S T R E E T N UPPER 31ST STREET N UP P E R 3 1 S T S T R E E T N UPPER 30TH STREET N LIB E R T Y C O U R T N UPPER 31ST STREET N UP P E R 3 1 S T S T R E E T N ST R E E T N U P P E R 3 0 T H AP P R O X . 9 1 6 . 6 EX . 1 0 0 Y R H W L AP P R O X . 9 1 5 . 8 PR O P . 1 0 0 Y R H W L 10% MAX 6 7 9 10 1112 P O N D A C C E S S 1 0 % M A X PON D ACC E S S 10% MAX POND ACCESS 10% MAX POND ACCESS 10% MAX POND ACCESSPOND ACCESS 10% MAX INFILT . ACCES S 10% MAX 2 1 3 47 6 6 6 5 5 5 1 1 1 2 2 3 3 4 4 8 8 8 5 6 12345678 9 10 11 12 13 14 15 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 1 2 3 4 5 6 7 891011121314 15 16 1 2 3 4 5 6 7 8 6 5 4 3 2 1 1 2 3 4 5 8 1314 12 3 4 5 6 78 9 10 11 12 13 14 15 16 17 7 OUTLOT F (CITY OWNED) OUTLOT B (CITY OWNED) OUTLOT E (CITY OWNED) OUTLOT H (CITY OWNED) OUTLOT A (CITY OWNED) OUTLOT A (CITY OWNED) 16 17 18 7 OUTLOT G (DEVELOPER OWNED) 18 19 1 1 1 2 2 3 3 1 2 3 4 5 6 7 891011121314 15 16 1 2 3 4 5 6 7 8 6 5 4 3 2 1 OUTLOT F (CITY OWNED) OUTLOT B (CITY OWNED) OUTLOT E (CITY OWNED) OUTLOT H (CITY OWNED) OUTLOT A (CITY OWNED) OUTLOT A (CITY OWNED)OUTLOT G (DEVELOPER OWNED) FES INV- 912.5FES INV- 912.5 FES INV- 912.5 FES INV- 912.5 FES INV- 912.5 FES INV- 912.5 FES INV- 913.0 FES INV- 912.0 FES INV- 912.0 FES INV- 912.5 FES INV- 911.0 FES INV- 911.0 FES INV- 911.0 FES INV- 911.0 FES INV- 911.0 FES INV- 911.0 FES INV- 910.5 FES INV- 910.5 FES INV- 911.0 SE SEC13 130.00 201 SEC13 5000920.45 211 13594 5285921.08 202 XXX32 5447926.53 202 9232 5448914.14 Villa g e P a r k w a y N LOWE R 3 1 S T S T R E E T N Vi l l a g e P a r k w a y N LO W E R 3 1 S T S T R E E T N UPPER 31ST STREET N UP P E R 3 1 S T S T R E E T N UPPER 30TH STREET N LIB E R T Y C O U R T N UPPER 31ST STREET N UP P E R 3 1 S T S T R E E T N ST R E E T N U P P E R 3 0 T H NP WP WP WP BH BH BH WPWP BH BH NP DM RO HL PE RM RM WO WOTA TA3AH 5AC 3SB 1CC WP BH TA NP NP WP BHWP TA BH TA WOPE RM RM RM RM RM RO RO HA HA AL AL AL AL AL AL RO AL AL HA HA HA HA HLHL HL HL HL HL HL HL RO RO RO RO RO RMRM RM RM RM RM RM RM HA HA HL HL HA ROHL HL HL AL DM DM RO AL AL HA DM AL AL AL RO HA AL HL RO AL HL LP1 FILE NO.CITY PROJECT NO.DRAWING NAME REVISIONSDATEBYNO. DRAWN BY CHECKED BY DATE 06/06/18 KN MK Landscape Plan PR O J E C T N A M E A N D N U M B E R PULTE GROUP NO R T H LP5 3120-047--- LAKE ELMO, MINNESOTA REQUIRED SITE TREE DECIDUOUS STREET FRONTAGE 2.5" TREE DECIDUOUS REQUIRED SITE TREE CONIFEROUS USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. OF ALL RESPONSIBILITY. NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. SOD UPLAND DRY PRAIRIE MIX 20050100050100 SCALE IN FEET KEY WET MESIC PRAIRIE MIX REQUIRED SITE ORNAMENTAL TREE SHRUB Plantings Adjusted for Sidewalk5NM12-11-14 New House Layout6NM12-12-14 Realigned Street Trees7NM12-15-14 Revise entry & ground cover8TW11-29-16 Add future monument, irrigation service9TW12-14-16 Update per new base10TW7-19-17 Update per city comments14MK1-5-18 STREET FRONTAGE 3.0" TREE DECIDUOUS PHASE 2 LANDSCAPE PLAN NORTHPORT NOTES: ALL TREES SHALL HAVE A MINIMUM DEPTH OF 6" HARDWOOD BARK MULCH 6' DIAMETER RING AROUND THE BASE OF THE TREE. KEEP MULCH OFF TREE TRUNK. ALL TREES TO BE FIELD STAKED PRIOR TO INSTALLATION. LANDSCAPE CONTRACTOR TO COORDINATE FIELD REVIEW OF PROPOSED TREE LOCATIONS WITH CITY AND PROJECT LANDSCAPE ARCHITECTS PRIOR TO ANY TREE INSTALLATION. ALL STREET FRONTAGE TREE PITS AND BACK FILL SHALL BE FREE OF CLASS V OR SIMILAR MATERIAL. TREES ARE TO BE BACKFILLED WITH MnDOT 3877 F SOIL. MINIMUM OF 2 ROWS OF SOD BEHIND CURB. AREAS WITH SIDEWALKS SHALL BE SODDED FROM BACK OF CURB TO SIDEWALK. SOD SHALL MEET MNDOT 3878 C SPECIFICATION FOR SALT TOLERANCE. ALL RESIDENTIAL LOTS SHALL BE TEMPORARILY SEEDED WITH UPLAND GRASS MIX. ALL OUTLOTS SHALL BE PERMENANTLY SEEDED WITH UPLAND DRY PRAIRIE MIX WITH EXCEPTION TO OUTLOTS TO BE SODDED AS SHOWN IN PLAN. TREE CALCULATIONS ARE BASED UPON CITY CODE AND ONE TREE EQUALS 2.5 CALIPER TREE INCHES. FOR TREES SMALLER THAN 2.5 CALIPER TREE INCHES MULTIPLE TREES USED TO GET EQUAL CALIPER TREE INCHES. ALL SOD INSTALLED ON VILLAGE PARKWAY N SHALL MEET MNDOT 3878 C SPECIFICATION FOR SALT TOLERANCE. IF THERE ARE DISCREPANCIES IN PLANT COUNT BETWEEN THE SCHEDULE AND PLANS, PLANS TAKE PRECEDENCE. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered Landscape Architect under the laws of the State of Minnesota. Signed: _________________________________________ Date: _______________ Registration #: ______________ Villa g e P a r k w a y N LOWE R 3 1 S T S T R E E T N Vi l l a g e P a r k w a y N LO W E R 3 1 S T S T R E E T N UPPER 31ST STREET N UP P E R 3 1 S T S T R E E T N LIB E R T Y C O U R T N UPPER 31ST STREET N UP P E R 3 1 S T S T R E E T N ST R E E T N U P P E R 3 0 T H AP P R O X . 9 1 6 . 6 EX . 1 0 0 Y R H W L AP P R O X . 9 1 5 . 8 PR O P . 1 0 0 Y R H W L 10% MAX 6 7 9 10 1112 POND ACCESS 10% MAX POND ACCESS POND ACCESSPOND ACCESS 10% MAX INFILT . ACCES S 10% MAX 2 1 3 47 6 6 6 5 3 3 4 4 8 8 8 5 6 12345678 9 10 11 12 13 14 15 16 15 14 13 12 11 10 9 1 6 5 4 3 2 1 1 2 3 4 5 8 1314 12 3 4 5 6 78 9 10 11 12 13 14 15 16 17 7 OUTLOT F (CITY OWNED) OUTLOT B (CITY OWNED) OUTLOT E (CITY OWNED) 16 17 18 7 OUTLOT G (DEVELOPER OWNED) 18 19 3 3 1 6 5 4 3 2 1 OUTLOT F (CITY OWNED) OUTLOT B (CITY OWNED) OUTLOT E (CITY OWNED) OUTLOT G (DEVELOPER OWNED) FES INV- 912.5FES INV- 912.5 FES INV- 912.5 FES INV- 912.5 FES INV- 912.5 FES INV- 912.5 FES INV- 913.0 FES INV- 912.0 FES INV- 912.0 FES INV- 912.5 FES INV- 910.5 FES INV- 202 XXX32 5447 926.53 202 9232 5448914.14 Villa g e P a r k w a y N LOWE R 3 1 S T S T R E E T N Vi l l a g e P a r k w a y N LO W E R 3 1 S T S T R E E T N UPPER 31ST STREET N UP P E R 3 1 S T S T R E E T N LIB E R T Y C O U R T N UPPER 31ST STREET N UP P E R 3 1 S T S T R E E T N ST R E E T N U P P E R 3 0 T H NP WP WP WP BH BH BH WPWP BH BH NP DM RO HL PE RM RM WO WOTA TA3AH 5AC 3SB 1CC WP BH TA NP NP WP BHWP TA BH TA WOPE RM RM RM RM RM RO RO HA HA AL AL AL AL AL AL RO AL AL HA HA HA HA HLHL HL HL HL HL HL HL RO RO RO RO RO RMRM RM RM RM RM RM RM HA HA HL HL HA ROHL HL HL AL DM DM RO AL AL HA DM AL AL AL RO HA AL HL RO AL HL LP2 FILE NO.CITY PROJECT NO.DRAWING NAME REVISIONSDATEBYNO. DRAWN BY CHECKED BY DATE 06/06/18 KN MK Landscape Plan PR O J E C T N A M E A N D N U M B E R PULTE GROUP NO R T H 3120-047--- LAKE ELMO, MINNESOTA USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. OF ALL RESPONSIBILITY. NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. 100255002550 SCALE IN FEET Plantings Adjusted for Sidewalk5NM12-11-14 New House Layout6NM12-12-14 Realigned Street Trees7NM12-15-14 Revise entry & ground cover8TW11-29-16 Add future monument, irrigation service9TW12-14-16 Update per new base10TW7-19-17 Update per city comments14MK1-5-18 NORTHPORT PHASE 2 SITE PLANTING 1"=50'-0" 1 2 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered Landscape Architect under the laws of the State of Minnesota. Signed: _________________________________________ Date: _______________ Registration #: ______________LP5 PHASE 2 LANDSCAPE PLAN 3"-6" RIVER ROCK VINYL EDGING 35GR 13LB 5BC 40CM 36MY42AJ LP3 FILE NO.CITY PROJECT NO.DRAWING NAME REVISIONSDATEBYNO. DRAWN BY CHECKED BY DATE 06/06/18 KN MK Landscape Plan PR O J E C T N A M E A N D N U M B E R PULTE GROUP NO R T H 3120-047--- LAKE ELMO, MINNESOTA USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. OF ALL RESPONSIBILITY. NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. Plantings Adjusted for Sidewalk5NM12-11-14 New House Layout6NM12-12-14 Realigned Street Trees7NM12-15-14 Revise entry & ground cover8TW11-29-16 Add future monument, irrigation service9TW12-14-16 Update per new base10TW7-19-17 Update per city comments14MK1-5-18 205100510 SCALE IN FEET NORTHPORT PHASE 2 ISLAND PLANTINGS 1"=10'-0" 1 3 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered Landscape Architect under the laws of the State of Minnesota. Signed: _________________________________________ Date: _______________ Registration #: ______________LP5 PHASE 2 LANDSCAPE PLAN LP4 FILE NO.CITY PROJECT NO.DRAWING NAME REVISIONSDATEBYNO. DRAWN BY CHECKED BY DATE 06/06/18 KN MK Landscape Plan PR O J E C T N A M E A N D N U M B E R PULTE GROUP 3120-047--- LAKE ELMO, MINNESOTA USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. OF ALL RESPONSIBILITY. NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. Plantings Adjusted for Sidewalk5NM12-11-14 New House Layout6NM12-12-14 Realigned Street Trees7NM12-15-14 Revise entry & ground cover8TW11-29-16 Add future monument, irrigation service9TW12-14-16 Update per new base10TW7-19-17 Update per city comments14MK1-5-18 NORTHPORT I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered Landscape Architect under the laws of the State of Minnesota. Signed: _________________________________________ Date: _______________ Registration #: ______________LP5 PHASE 2 LANDSCAPE PLAN LP5 FILE NO.CITY PROJECT NO.DRAWING NAME REVISIONSDATEBYNO. DRAWN BY CHECKED BY DATE 06/06/18 KN MK Landscape Plan PR O J E C T N A M E A N D N U M B E R PULTE GROUP 3120-047--- LAKE ELMO, MINNESOTA USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC.'s EXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY INDEMNIFY NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. OF ALL RESPONSIBILITY. NORBY & ASSOCIATES LANDSCAPE ARCHITECTS, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING FROM ILLEGITMATE USE. Plantings Adjusted for Sidewalk5NM12-11-14 New House Layout6NM12-12-14 Realigned Street Trees7NM12-15-14 Revise entry & ground cover8TW11-29-16 Add future monument, irrigation service9TW12-14-16 Update per new base10TW7-19-17 Update per city comments14MK1-5-18 NORTHPORT I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered Landscape Architect under the laws of the State of Minnesota. Signed: _________________________________________ Date: _______________ Registration #: ______________LP5 PHASE 2 LANDSCAPE PLAN 7/2/2018 FOCUS Engineering, Inc. Mail - Northport 2nd Addition Final Plat https://mail.google.com/mail/u/0/?ui=2&ik=885060bd59&jsver=H8yF-bO9hWE.en.&cbl=gmail_fe_180626.14_p5&view=pt&search=sent&th=1645e7d8…1/1 Jack Griffin <jack.griffin@focusengineeringinc.com> Northport 2nd Addition Final Plat 1 message Jack Griffin <jack.griffin@focusengineeringinc.com>Mon, Jul 2, 2018 at 11:54 PM To: Emily Becker <EBecker@lakeelmo.org> Cc: Chad Isakson <Chad.Isakson@focusengineeringinc.com> Please see the attached engineering review comments for the Northport 2nd Addition Final Plat. Let me know if you have any questions or require any additional review. Thanks ~Jack John (Jack) W. Griffin, P.E. Principal / Sr. Municipal Engineer FOCUS ENGINEERING, INC. 651.300.4264 jack.griffin@focusengineeringinc.com 2018-07-02 Northport 2nd-Final Plat Review.pdf 93K   PAGE 1 of 2  MEMORANDUM         Date:  July 2, 2018       To: Emily Becker, City Planner Re:  Northport 2nd Addition – Final Plat   Cc:  Chad Isakson, P.E., Assistant City Engineer   Engineering Review Comments  From: Jack Griffin, P.E., City Engineer          An engineering review has been completed for Northport 2nd Addition. Final Plat/Construction Plans were received  on June 7, 2018. The review consisted of the following documentation prepared by Sathre‐Bergquist, Inc.:     Northport 2nd Addition Final Plat received June 5, 2018. No print/preparation date.   Northport 2nd Addition Construction Plans dated June 1, 2018.   Northport 2nd Addition Specifications dated June 4, 2018.   Northport 2nd Addition Landscape Plans dated June 6, 2018, prepared by Norby & Associates.      STATUS/FINDINGS:   Engineering review comments have been provided in two separate memos; one for Final Plat  approval, and one to assist with the completion of the final Construction Plans. Please see the following review  comments relating to the Final Plat application.      FINAL PLAT: NORTHPORT 2ND ADDITION   Final Plat approval should be contingent upon Northport 2nd Addition including the Pond #4SE Outlot with  the Outlot dedicated to the City for ongoing operation and maintenance.   Final Plat approval should be contingent upon the Final Plat including a drainage and utility easement over all  of Outlot A, 2nd Addition.   Final Plat approval should be contingent upon the Final Plat either removing Lot 10, Block 2 and Lot 1, Block 3,  or adding a temporary cul‐de‐sac per City detail 807B at the street termination point for Upper 31st Street.   No building permits, including model home building permits, may be accepted and issued by the City for the  2nd Addition until all grading and storm water facilities are fully completed and verified by as‐built shots for  all Northport preliminary plan areas, including final grading adjacent to Easton Village, the storm sewer outfall  pipe south of 30th Street, the construction of the 30th Street box culvert extension, and the 30th Street turn  lane improvements.   Final Plat approval should be contingent on the plans including a bituminous trail connection to Reid Park.    Final Construction Plans and Specifications must be prepared in accordance with the City Engineering Design  Standards  Manual  dated  March 2017, using City  details,  plan notes and specifications and meeting City  Engineering Design Guidelines.   Final  Construction Plans and Specifications must  be revised in accordance with  the Construction Plan  engineering review memorandum dated July 2, 2018.    All easements as requested by the City Engineer and Public Works department shall be documented on the  Final Plat prior to the release of the Final Plat for recording.    The Final Plat shall not be recorded until final construction plan approval is granted.  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   All off‐site temporary construction easements and/or drainage and utility easements as required by the City  Engineer and Public Works Director must be provided in the City standard form of easement agreement and  signed by all parties prior to the release of the Final Plat for recording.   No construction for Northport 2nd Addition may begin until the applicant has received City Engineer approval  for the Final Construction Plans; the applicant has obtained and submitted to the City all applicable permits,  easements and permissions needed for the project; and a preconstruction meeting has been held by the City’s  engineering department.      Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming Toll Free 800-472-2232 Web wenck.com To: Emily Becker, City of Lake Elmo Planning Director From: Lucius Jonett, Wenck Landscape Architect Date: June 21, 2018 Subject: City of Lake Elmo Landscape Plan Review Northport 2nd Addition, Review #1 Submittals  Phase 2 Landscape Plans, dated June 6, 2018, received June 18, 2018. Location: Northwest quadrant of the intersection of 30th Street North & Manning Avenue North, Lake Elmo, MN Land Use Category: Village Urban Low Density Surrounding Land Use Concerns: The area to west on the northern portion of the plat is designated as parkland. Special landscape provisions in addition to the zoning code: Greenbelt buffer is required on the south and east sides of the plat. Emily Becker Planning Director City of Lake Elmo June 21, 2018 2 S:\City Council\City Council Packets\2018\7-17-18\Northport 2nd Addition Final Plat\2018-06-21 Northport 2nd Addition Landscape Plan Review.docx Tree Preservation: A tree survey/preservation plan has been previously submitted, including a tree inventory showing individual trees that are exempt, removed and saved. The allowable tree removal limit is not exceeded, therefore no mitigation plan or replacement trees are required. Entire Site Total Caliper Inches of Significant Trees On-Site: 467.5 Cal Inches Common Trees 367.5 Conifer/Evergreen Trees 0 Hardwood Trees 100 Significant Inches Removed On-Site 83 Cal Inches Common Trees 83 Conifer/Evergreen Trees 0 Hardwood Trees 0 Tree Removal Limits (30% Significant Inches Removed On-Site) 140.25 Cal Inches Subtract Common Tree Removals 83 Subtract Conifer/Evergreen Tree Removals 0 Subtract Hardwood Tree Removals 0 Removals in excess of 30% allowance 0.00 Cal Inches Removals in Excess of Allowance 0.0 Cal Inches Conifer Removals in Excess of 30% Allowance 0.0 Hardwood Removals in Excess of 30% Allowance 0.0 Confier Tree Replacement Needed (1/2 the dia inches removed) 0.0 Cal Inches Hardwood Tree Replacement Needed (1/2 the dia inches removed) 0.0 Cal Inches Conifer Tree Replacement Required @ 3" per 6' Tall Tree 0 # Trees Hardwood Tree Replacement Required @ 2.5" per Tree 0 # Trees Tree replacement is not required because less than thirty (30) percent of the diameter inches of significant trees surveyed will be removed. Emily Becker Planning Director City of Lake Elmo June 21, 2018 3 S:\City Council\City Council Packets\2018\7-17-18\Northport 2nd Addition Final Plat\2018-06-21 Northport 2nd Addition Landscape Plan Review.docx Landscape Requirements: The phase 2 landscape plans are consistent with the approved preliminary plat and phase 1 landscape plans and meet the code required number of trees. Master Plan Phase 1 Phase 2 Phase 2 (Code Required) Proposed Required Proposed Street frontage 13770 1500 Lineal Feet Lake Shore 0 Lineal Feet Stream Frontage 0 Lineal Feet Total Linear Feet 13770 1500 Lineal Feet /50 Feet = Required Frontage Trees 276 142 30 72 Trees Development or Disturbed Area - 560320 SF Development or Disturbed Area 51.0 12.9 Acres x5 = Required Development Trees 255 184 65 33 Trees Required Mitigation Trees 0 Required Number of Trees 531 95 Total Trees to Date 326 105 431 1. A minimum one (1) tree is proposed for every fifty (50) feet of street frontage. 2. A minimum of five (5) trees are proposed to be planted for every one (1) acre of land that is developed or disturbed by development activity. The master plan and phase 1 landscape plans meet the minimum of twenty-five percent (25%) of the required number of trees shall be deciduous shade trees and a minimum of twenty-five percent (25%) of the required number of trees coniferous trees. The phase 2 landscape plans on their own are slightly short of the 25% coniferous tree requirement, but the running total satisfies both deciduous shade and coniferous tree minimums. No issue. Master Plan Qty % Composition Deciduous Shade Trees 360 73% >25% required Coniferous Trees 136 27% >25% required Ornamental Trees* 35 Tree Count 496 1st Addition Qty % Composition Deciduous Shade Trees 233 71% >25% required Coniferous Trees 93 29% >25% required Ornamental Trees* 23 Tree Count 326 2nd Addition Qty % Composition Deciduous Shade Trees 80 76% >25% required Coniferous Trees 25 24% >25% required Ornamental Trees* 4 Tree Count 105 *Ornamental Trees are not included in totals Phase 1 & 2 Total Qty % Composition Deciduous Shade Trees 313 73% >25% required Coniferous Trees 118 27% >25% required Ornamental Trees* Tree Count 431 Emily Becker Planning Director City of Lake Elmo June 21, 2018 4 S:\City Council\City Council Packets\2018\7-17-18\Northport 2nd Addition Final Plat\2018-06-21 Northport 2nd Addition Landscape Plan Review.docx A. A landscape plan has been submitted that does meet all requirements. B. Screening – a greenbelt buffer with screening is required on the south side of the overall development, including the south side portion of phase 2 that abuts private property, and is shown on the landscape plans. The screening design meets City requirements. Special Landscape Considerations: A. Village Parkway Collector – The development is along Village Parkway. a. Phase 2 does not front Village Parkway so the landscape plan does meet all requirements. Findings: 1. The following discrepancies between the plant schedules and what is shown on plan are: a. Plant schedules should be labeled Phase 2 b. There is an 11 tree discrepancy that should be corrected: i. The total of 67 trees does not match what is listed in the table ii. Autumn blaze maple calls for 14 in the tables and 15 are shown on the plan iii. Deborah Schwedler maple calls for 2 in the tables and 4 are shown on the plan iv. White oak calls for 17 in the tables and 3 are shown on the plan 2. Trees are shown approximately 25’ to 30’ apart in areas of the plans (along Liberty Court North and some of the sections of Lower 31st Street North. Street trees should be spaced at least 35’ apart to match the approved Phase 1 landscape plans (Upper 31st Street North) more closely. Trees that do not fit the larger spacing can be moved to buffer areas. Recommendation: It is recommended that a condition of approval include: 1. Submit a revised landscape plan addressing the findings listed above. Sincerely, Lucius Jonett, PLA (MN) Wenck Associates, Inc. City of Lake Elmo Municipal Landscape Architect 1 Resolution 2018-081 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-081 A RESOLUTION APPROVING A FINAL PLAT FOR NORTHPORT 2ND ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Pulte Homes of MN, LLC, 7500 Flying Cloud Drive, Ste 670, Eden Prairie, MN 55344, has submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Northport 2nd Addition Final Plat, a copy of which is on file in the City of Lake Elmo Planning Department; and WHEREAS, on June 30, 2014, the Lake Elmo Planning Commission reviewed a General Sketch Plan of the property; and WHEREAS, on July 15, 2014, the Lake Elmo City Council approved a Comprehensive Plan Amendment to re-guide PID# 13.029.21.44.0002 from Rural Area Development to Urban Low Density Residential; and WHEREAS, on September 8, 2014, the Lake Elmo Planning Commission held a public hearing, reviewed and recommended approval of the Village Park Preserve Preliminary Plat; and WHEREAS, on September 16, 2014, the Lake Elmo City Council adopted Resolution 2014-74 approving the Preliminary Plat for a 104-unit single family subdivision, subject to 13 conditions; and WHEREAS, on September 5, 2017, the Lake Elmo City Council adopted Resolution 2017-089 approving the Final Plat for Northport 1st Addition; and WHEREAS, the Lake Elmo Planning Commission reviewed the Northport 2nd Addition Final plat at its July 9, 2018 meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Final Plat subject to 13 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Final Plat as part of a memorandum to the City Council for its July 17, 2018 meeting; and WHEREAS, the City Council reviewed the Northport 2nd Addition Final Plat at its meeting held on July 17, 2018 and made the following findings: 2 Resolution 2018-081 1) That all the requirements of City Code Section 153.07 related to the Final Plan and Final Plat have been met by the Applicant. 2) That the proposed Final Plat for Northport 2nd Addition consists of the creation of 29 single- family detached residential structures. 3) That the Northport 2nd Addition Final Plat is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014 and as amended on September 6, 2017. 4) That the Northport 2nd Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 5) That the Northport 2nd Addition Final Plat complies with the City’s Urban Low Density Residential zoning district regulations. 6) That the Northport 2nd Addition Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances with the exception of issues identified in the July 9, 2018 Staff report to the Planning Commission. 7) That the Northport 2nd Addition Final Plat complies with the City’s subdivision ordinance. 8) That the Northport 2nd Addition Final Plat is generally consistent with the City’s engineering standards with the exception of necessary plan revisions outlined by the City Engineer in his review comments to the City regarding Northport 2nd Addition Final Plat dated July 2, 2018. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Northport 2nd Addition Final Plat subject to the following conditions: 1) Final grading, drainage, and erosion control plans, sanitary and storm water management plans, landscape plans, and street and utility construction plans shall be reviewed and approved by the City Engineer and applicable Staff prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in the memorandums addressing Northport 2nd Addition Final Plat dated July 2, 2018 shall be incorporated into these documents before they are approved. Final Construction Plans and Specifications must be prepared in accordance with the City approved Preliminary Plans and in accordance with the City Engineering Design Standards Manual dated March 20, 2017 using City details, plan notes, and specifications. 2) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to its execution by City Officials. A drainage and utility easement should be dedicated over all of Outlot A. 3 Resolution 2018-081 3) The Northport 2nd Addition final plat shall include an outlot to be called Outlot B including the Pond #4SE to be dedicated to the City for ongoing operation and maintenance. 4) Final plat approval shall be contingent upon either removing Lot 10, Block 2 and Lot 1, Block 3, or adding a temporary cul-de-sac per City detail 807B at the street termination point for Upper 31st Street North. 5) No building permits, including model home permits, may be accepted and issued by the City until for the 2nd Addition until all grading and storm water facilities are fully completed and verified by as-built shots for all Northport preliminary plan areas, including final grading adjacent to Easton Village, the storm sewer outfall pipe south of 30th Street, the construction of 30th Street box culvert extension, and the 30th Street turn lane improvements. 6) Final plat approval shall be contingent on the plans including a bituminous trail connection to Reid Park. 7) All off-site easements as required and approved by the City Engineer and Public Works Director shall be documented on the Final Plat prior to release of the Final Plat for recording. 8) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements for the Village Park Preserve Final Plat with financial guarantees therefore. 9) The Landscape Plans must be updated plans and approved by the City’s Landscape Architect. All utility conflicts must be removed. 10) A Landscape License Agreement shall be executed for the maintenance of right-of-ways prior to release of the final plat by City Officials. 11) The applicant shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights, and all builders shall be encouraged to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 12) The Applicant shall provide the City with a copy of the Northern Natural Gas permit and abide by any conditions of approval. 13) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act. Passed and duly adopted this 17th day of July, 2018 by the City Council of the City of Lake Elmo, Minnesota. 4 Resolution 2018-081 ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: July 17, 2018 REGULAR ITEM #: 21 TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Northport 2nd Addition Development Agreement REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney Kristina Handt, City Administrator BACKGROUND: On July 17, 2018, the City Council adopted Resolution 2018-081 approving the Final Plat of Northport 2nd Addition. An executed Development Agreement is a condition of final plat approval and is required prior to recording the final plat with Washington County. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2018-082 approving the Development Agreement for Northport 2nd Addition. REVIEW/ANALYSIS: A condition of approval of the Northport 2nd Addition Final Plat is that the developer enter into a Development Agreement prior to the execution of the plat by City officials. Staff has drafted this Development Agreement which is attached for consideration by the City Council. The key aspects of the agreement include the following components: • The Developer provide executed warranty deeds to the City for recording for Outlot B. • Legal documents regarding homeowner association documents, covenants, and restrictions are to be submitted, reviewed, and approved by the City Attorney. • That all public improvements be completed by October 31, 2018, with the exception of the final wear course of asphalt on streets. • The developer satisfied the park dedication requirements for the entire subdivision with the 1st Addition. • That the developer provide a letter of credit in the amount of $856,076 related to the cost of the proposed improvements. City Council – Staff Report Regular Item # ___ Meeting date: 8/21/2018 Page 2 • That the developer provide a cash deposit of $219,143 for SAC and WAC charges, engineering administration, required park dedication fees and park dedication fees to be paid in lieu of planting agreed-upon number of trees, base map updating costs, one year of street light operating costs. • A credit from a previously submitted letter of credit from Northport’s Grading Agreement was applied so there was no duplication of already in-place securities for grading, tree preservation, and wetland mitigation and buffers. The construction plans approval for the project are expected, but had not been given prior to the preparation of this report. If approved, the final page of the Development Agreement will be updated to include the final construction plan dates. The Development Agreement will not be executed until the final construction plans are approved, all fees and securities, and insurance certificates are received among other requirements. Only after recording of the final plat and the completion of a pre-construction meeting with the City can the construction commence. FISCAL IMPACT: The future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains, lift stations, and other public infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 64 lot single family residential subdivision. OPTIONS: The City Council has the following options: 1) Adopt Resolution 2018-082 approving the Development Agreement for Northport 2nd Addition; or 2) Direct Staff to amend the draft Development Agreement to bring back to a future City Council meeting. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2018-082 approving the Development Agreement for Northport 2nd Addition. “Move to adopt Resolution 2018-082 approving the development agreement for Northport 2nd Addition Final Plat” ATTACHMENTS: • Resolution 2018-082 • Northport 2nd Addition Development Agreement 1 Resolution 2018-082 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-082 A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR NORTHPORT 2ND ADDITION FINAL PLAT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Pulte Homes of MN, LLC of 7500 Flying Cloud Drive, Suite 670, Eden Prairie, MN 55344 (“Applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Northport f/k/a Village Park Preserve; and WHEREAS, on June 30, 2014, the Lake Elmo Planning Commission reviewed a General Sketch Plan of Northport f/k/a Village Park Preserve; and WHEREAS, on July 15, 2014, the Lake Elmo City Council approved a Comprehensive Plan Amendment to re-guide PID# 13.029.21.44.0002 from Rural Area Development to Urban Low Density Residential; and WHEREAS, on September 16, 2014, the Lake Elmo City Council adopted Resolution 2014-74 approving the Preliminary Plat for a 104-unit single family subdivision, subject to 13 conditions; and WHEREAS, on September 5, 2017, the Lake Elmo City Council adopted Resolution 2017-089 on September 5, 2017 approving the Final Plat for Northport f/k/a Village Park Preserve; and WHEREAS, on July 17, 2018, the Lake Elmo City Council adopted Resolution 2018- 081 approving the Final Plat for Northport 2nd Addition; and WHEREAS, a condition of approval of said Resolution 2018-081 establishes that prior to execution of the Final Plat by City officials, the Applicant shall enter into a Developer’s Agreement with the City; and WHEREAS, the Applicant and the City have agreed to enter into such a contract and a copy of the Developer’s Agreement was submitted to the City Council for consideration at its July 17, 2018 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer’s Agreement for Northport 2nd Addition and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 17th day of July, 2018 by the City Council of the City of Lake Elmo, Minnesota. 2 Resolution 2018-082 ________________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk 1 529775v2 SJS LA515-39 (reserved for recording information) DEVELOPMENT AGREEMENT (Public sewer and water) NORTHPORT 2ND ADDITION THIS DEVELOPMENT AGREEMENT is dated ______________, 2018, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and Pulte Homes of Minnesota LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Northport 2nd Addition (referred to in this Agreement as the “Subdivision”). The property being platted is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on condition that the Developer enter into this Agreement, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 120 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer 2 529775v2 SJS LA515-39 may not grade or otherwise disturb the earth, remove trees or construct public or private improvements or any buildings within the Subdivision until all the following conditions precedent have been satisfied: A. the Developer has prepared deeds conveying fee title of Outlot B to the City and provided copies of the executed deed to the City for recording with Washington County; B. the Developer has executed and recorded with Washington County all drainage and utility easements required for the Subdivision by the City Engineer and Public Works Director in the City’s standard form or the easements have been dedicated to the City on the plat; C. the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement in the City’s standard form; D. this Agreement has been executed by the Developer and the City; E. the required Security (as hereinafter defined) have been received by the City from or on behalf of the Developer; F. final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; G. the Developer has paid the City for all legal, engineering, and administrative expenses incurred by the City regarding the City approvals and has given the City the additional City Engineering Administration Escrow required by this Agreement; H. the Developer has paid any outstanding assessments and taxes for the property; I. the Developer has fulfilled any park dedication requirements as specified under this Agreement; J. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable watershed, Washington County, and any other agency having jurisdiction over the 3 529775v2 SJS LA515-39 Subdivision; K. the Developer has provided the City with a certificate of insurance required by this Agreement; L. the Developer or the Developer’s engineer and the Developer’s contractor(s) have initiated and attended a preconstruction meeting with the City Engineer and City staff; M. the final plat has been recorded with Washington County; N. all homeowners’ association declarations, covenants, and restrictions have been submitted, reviewed, and approval by the City Attorney; O. a title insurance policy has been issued in the amount of $100,000 in favor of the City insuring the City’s interests as they appear on the plat; and P. the City has issued a written notice that all above conditions have been satisfied and that the Developer may proceed; 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases of the development if the Developer is not in compliance with any term of this Agreement and the non-compliance has not been remedied. Development of subsequent phases of the development may not proceed until development agreements for such phases are approved by the City. Park dedication charges and availability charges for sewer and water referred to in this Agreement are not being imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five years after preliminary plat approval. 4 529775v2 SJS LA515-39 6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout, or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any changes to the City's Comprehensive Plan or official controls, including, but not limited to, any platting or dedication requirements enacted after the date of this Agreement. 7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in accordance with the City approvals, including the terms and conditions of approval of the final plat as detailed in City Council Resolution No. 2018-XX, and to construct all improvements in accordance with the approved construction plans and specifications (collectively, the “Plans”) prepared by a professional engineer registered in the State of Minnesota at its sole expense. All terms and conditions of the City approvals are hereby incorporated by reference into this Agreement. The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City. 8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the “Subdivision Improvements”): A. Grading and erosion control; B. Sanitary sewer; C. Water system improvements; D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs, etc.) E. Streets and sidewalks; F. Trails; 5 529775v2 SJS LA515-39 G. Underground private utilities; H. Landscaping; I. Street lighting and signage; J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.); K. Tree preservation and reforestation; L. Wetland mitigation and buffers; and M. Monuments required by Minnesota Statutes. All improvements shall be installed in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer's expense, have one or more City inspectors or a soil engineer inspect the Developer’s work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developer shall submit to the City an amount to be escrowed by the City for City administration and construction observation costs in an amount provided under paragraph 35 of this Agreement - Summary of Security Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all administration and construction observation costs incurred by the City during the construction of the Subdivision Improvements by the City’s engineering, public works, planning, and landscape architecture staff and consultants. After 30 days of the 6 529775v2 SJS LA515-39 invoice, the City may draw upon the escrow and stop the work on site until the escrow has been replenished in its full amount. City administration and oversight will include monitoring of construction progress and construction observation, consultation with the Developer and the Developer’s professionals on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the Security. Construction observation shall include, at the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed by the City on an hourly basis. The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer-required management of the construction of the Subdivision Improvements. The Developer must require the Developer’s contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer-installed Subdivision Improvements during and after construction for compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer will notify the City at such times during construction as the City requires for inspection purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or joint venture relationship between the City and the Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25 percent ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the Subdivision Improvements identified in Paragraph 8 above. 11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision 7 529775v2 SJS LA515-39 Improvements by October 31, 2018, with the exception of the final wear course of asphalt on streets. The Developer shall install the bituminous wearing course of streets after the first course has weathered a winter season, consistent with warranty requirements, however, final acceptance of the Subdivision Improvements by the City will not be granted until all work is completed, including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and amending this Agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads, and alleys until the Subdivision Improvements are accepted by the City in writing. The Developer is also responsible to locate all underground utilities until the Subdivision is accepted in writing by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed by the Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto the street from the Developer’s operations. The Developer shall contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping shall take place on a weekly basis. Prior to the City’s acceptance of the streets the City may agree, at the City’s sole discretion, to keep the streets open during winter months by plowing snow. The City will consider 8 529775v2 SJS LA515-39 snow plowing streets on a case by case basis and under the following conditions: 1) the Developer must request in writing the streets it is requesting to be plowed by the City, with such request received prior to October 1st of each winter season that plowing is requested; 2) there must be residences along the street; 3) for streets that do not have the bituminous wear course placed, the Developer must install paved wedges along all curb lines and catch basins of the street; 4) gate valves and manholes must be level with the pavement surface; 5) street curves, center medians, and other protrusions in the right-of-ways must be delineated with “HI-VIS” fiberglass stakes; 6) a site review must be scheduled by the Developer and conducted with the City’s Public Works Department with the Developer in attendance to review the streets that are being requested to be plowed prior to the commitment of plowing by the City; 7) the Developer must agree not to hold the City responsible for any damage caused by snow plowing operations to the streets, curb and gutter, manholes, catch basins, or other infrastructure; and 8) the Developer shall enter into an agreement with the City for plowing of the streets. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property and this Agreement. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the Subdivision via 30th Street North and Village Parkway. No construction traffic is permitted on other adjacent local streets including loading and unloading of equipment. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and the Developer’s representatives are required to supervise and coordinate all construction activities for all Subdivision Improvements and must notify the City in writing stating when the work is ready for 9 529775v2 SJS LA515-39 the inspection at each of the measurable points defined in the following paragraphs. 16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall be completed in a manner designed to control erosion and in compliance with the City Code, the City’s Engineering Design and Construction Standards Manual, all watershed district permits, the Minnesota Pollution Control Agency’s best management practices, and other requirements including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate storm sewer system program. Prior to initiating any work on the site, an erosion control plan must be implemented by the Developer and inspected and approved by the City. Erosion and sediment control measures shall be coordinated with the various stages of development. The City may impose additional erosion control requirements at any stage in development as deemed necessary to maintain a compliant site. All areas disturbed for site improvements must be reseeded by the Developer promptly after the work in the area is complete unless construction of the next stage of the improvements will begin in that area within seven days. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within 10 days, the City may draw down the Security to pay any costs. No development, utility, or street construction will be allowed and no building permits will be issued by the City unless the Subdivision is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public Subdivision Improvements, the Developer assumes all responsibility for erosion control compliance throughout the Subdivision and the City may take such action as allowed by this Agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots 10 529775v2 SJS LA515-39 will be required in accordance with the City’s building permit requirements, or as required by the City or City Engineer. 17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the approved grading plans. Within 30 days after completion of the grading, the Developer shall provide the City with an “as built” grading plan and a certification by a registered land surveyor or engineer as required in the City’s Engineering Design and Construction Standards Manual. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets, including turn lane and intersection improvements, shall be installed in accordance with the approved Plans, the City approvals, the City Code, and the City’s Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved Plans. Once the work is completed, the Developer or the Developer’s representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re-inspect the improvements. The final bituminous wear course shall be installed by the Developer after the first bituminous course has weathered a winter season. Prior to placement of the final bituminous wear course, the Developer shall repair or replace all broken or failing curbs, sidewalks, and damaged or settled streets as determined by the City from a pre- wear course walk through inspection. 19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, 11 529775v2 SJS LA515-39 the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer must be warrantied and maintained for a period of two years. The two year warranty period shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans has received acceptance by the City. The Developer agrees to have the installer of the landscaping complete an inspection 30 days prior to the end of the two year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event any landscaping installed by the Developer is deemed to be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City. B. The Developer shall be responsible for maintaining regular watering, fertilizing, and over-seeding necessary to establish final lawns and yards as identified in the approved Plans for outlots, public rights-of-way, and any disturbed areas outside the Subdivision boundaries according to a landscape maintenance plan approved by the City. The Developer agrees to achieve “substantial performance” on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this Agreement “substantial performance” shall be defined for areas seeded or sodded with a turf or lawn mix, as “square foot turf areas with an average blade height of three inches free of eroded, bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil.” For areas seeded with a native grass or flower mix, “substantial performance” shall be defined as “square foot native grass or flower areas with an average height of eight inches free of eroded, bare, or dead spots and no visible surface soil.” 20. SIGNAGE, STREET LIGHTING, AND OTHER UTILITIES. The Developer agrees 12 529775v2 SJS LA515-39 to install street signs, traffic and parking signs, and pavement markings within the Subdivision all in accordance with the approved Plans and the City Engineering Design Standards Manual. Street and traffic sign details shall be submitted by the Developer to the City for approval prior to installation. In addition, the Developer shall be responsible for the cost and all coordination work to extend private utilities along with street lighting within the Subdivision all in accordance with the approved plans and right-of-way permits. 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans and an electronic file of the "record" plans in accordance with the City’s Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon review and verification by the City Engineer that the public Subdivision Improvements have been completed in accordance with the terms of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer has previously satisfied park dedication requirements for all of the areas to be platted within the Northport preliminary plat as part of the Development Agreement for the 1st Addition. Therefore, no land or fees in lieu of land dedication are required for this phase of the development. 23. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the payment of the Village Area Alternative Urban Areawide Review (AUAR) fee as adopted by the City Council with respect to the environmental review completed by the City. The Village Area Alternative 13 529775v2 SJS LA515-39 Urban Areawide Review (AUAR) fee in the amount of $230.00 per REC shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $6,210.00 24. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $81,000.00. The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is $81,000.00. In addition, a sewer connection charge in the amount of $1,000.00 per REC, a Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water connection charge in the amount of $1,000.00 per REC will be payable by the Developer and collected by the City at the time the building permit is issued for each lot. 25. STREET LIGHTS. The Developer is responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a Security for street light installation consistent with the approved plan. The required Security is $12,000 and consists of two decorative lights at $6,000 each. The Developer shall also pay the City $129/light ($258.00) to reimburse the City for the first year operating costs for the street lights. 26. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans and in accordance with any applicable Watershed or 14 529775v2 SJS LA515-39 agency permits. If the mitigation work is found to be incomplete or restoration is unsuccessful, the City may draw down the Security at any time during the warranty period to perform the work if the Developer fails to take corrective measures after being provided reasonable notice by the City. 27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permit shall be issued for any lot within the Subdivision, or within a completed phase of the Subdivision in a City preapproved phasing plan, until such time that sanitary sewer, water, storm sewer, curbing, and one lift of asphalt has been installed and tested for all public streets; boulevard grading has been completed within the entire right-of-way (without hold down grading for the future sidewalk or any other improvements); street and traffic control signs are installed; property monuments have been installed; and grading as-built plans have been submitted and approved by the City. A “preapproved phasing plan” is defined as a phased construction plan that has been submitted by the Developer and approved by the City in advance of the preconstruction meeting for the Subdivision. Once the construction has started, the City will not consider revisions to the phasing plan for the purpose of issuing building permits. B. Issuance of a single building permit for a “model home” may be authorized by the City Planning Director prior to the completion of the Subdivision Improvements described in paragraph 27 (A) above, if there is safe public access to the lot that is sufficient to allow construction to proceed and there is a grading as-built plan approved by the City for the lot and all downstream storm water drainage facilities. However, the City will not issue a certificate of occupancy for any “model home” until all conditions identified in paragraph 27 (A) above have been completed. The Developer shall use the model home only for real estate sales purposes and no other 15 529775v2 SJS LA515-39 purposes. C. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. The monument design shall be approved by the Planning Department. D. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspections, or actions and the halting of all work in the Subdivision. E. If building permits are issued prior to the acceptance of the public Subdivision Improvements by the City, the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any third parties. F. If building permits are issued prior to the construction of front yard sidewalks, the Developer assumes all responsibility for the coordination, liability, and costs to: 1) ensure that the sidewalks and trails are constructed prior to any driveways for any lots with sidewalks or trails; 2) that the sidewalks and trails are constructed continuously from end of street to end of street without exceptions or gaps in the sidewalk or trail; 3) that there is a stop work order on all building construction for impacted lots during the sidewalk and trail construction and curing periods to prohibit traffic prior to City approval; and 4) that all boulevard grading and restoration re-work is completed immediately following the sidewalk or trail construction. G. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 28. RESPONSIBILITY FOR COSTS. 16 529775v2 SJS LA515-39 A. In the event that the City receives claims from labor, materialmen, or others that work required by this Agreement has been performed and the amounts due to them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subdivision, including but not limited to legal, planning, engineering, and inspection expenses incurred in connection with the City’s approval and acceptance of the plat and the Subdivision, the preparation of this Agreement, the City’s review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. All amounts incurred and due to the City at the time of the recording of the final plat must be fully paid by the Developer prior to the City executing and releasing the final plat for recording. C. The Developer shall hold the City and its officials, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the City’s approval of the plat and the development of the Subdivision. The Developer shall indemnify the City and its officials, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 17 529775v2 SJS LA515-39 D. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within 30 days after receipt. Bills not paid within 30 days shall be assessed a late fee per the City adopted fee schedule. Upon request, the City will provide copies of detailed invoices of the work performed by the City and its consultants. 29. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. Implementation of the recommendations listed in the July 2, 2018, Engineering memorandum. B. Upon recording of the final plat, the Developer shall convey Outlot B to the City by warranty deed, free and clear of any and all encumbrances, unless otherwise agreed to by the City. C. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. D. The Developer shall enter into a Landscape License Agreement with the City that clarifies the individuals or entities responsible for maintenance of any landscaping installed in areas outside of land deeded to the City or dedicated as public park and open space on the final plat. 30 MISCELLANEOUS. 18 529775v2 SJS LA515-39 A. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a professional engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved Plans. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Homeowners’ association declarations, covenants, and restrictions and other documents related to the homeowners’ association shall be submitted to the City prior to recording of the final plat for review and approval by the City Attorney. D. The Developer shall take out and maintain or cause to be taken out and maintained until six months after the City has accepted the public Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,500,000 or more. The City shall be named as an additional insured on the policy, and the 19 529775v2 SJS LA515-39 Developer shall file with the City a certificate of insurance evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days’ advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Agreement. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. H. This Agreement shall run with the land and may be recorded against the title to the Property at the Developer’s expense. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property, including, but not limited to, mortgagees; that there are no unrecorded interests in the Property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power, or remedy herein conferred upon the City is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter 20 529775v2 SJS LA515-39 any other right, power, or remedy. J. The Developer represents to the City that the Subdivision and the Subdivision Improvements comply or will comply with all City, County, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Subdivision is not in compliance, the City may, at its option, refuse to allow construction or development work in the Subdivision until it is brought into compliance. Upon the City’s demand, the Developer shall cease work until there is compliance. 31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by the Developer to commence and complete construction of the public Subdivision Improvements pursuant to the terms, conditions, and limitations of this Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement. 32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not 21 529775v2 SJS LA515-39 limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from the Developer, or immediately draw on the Security, as set forth in this Agreement. 33. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. In the event of a default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Subdivision for such purposes. If the City does such work, the City may, in addition to its other remedies, levy special assessments against the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements, and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. The Developer also acknowledges that its failure to perform any or all of the Developer’s obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses, and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 22 529775v2 SJS LA515-39 34. WARRANTY. During the warranty period, the Developer warrants that all Subdivision Improvements will be free from defects and that they will continue to meet all technical specifications and standards. During the warranty period, the Developer agrees to repair or replace any Subdivision Improvement, or any portion or element thereof, which shows signs of failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective Subdivision Improvement during the warranty period, the City may repair or replace the defective portion and may use the Security to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed costs against any lots in the Subdivision which have not been sold to home buyers if the Developer fails to make required payments to the City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. A. The required warranty period for all work relating to the public sewer and water shall be two years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one year from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping is two years from the date of final written City acceptance of the installation. 35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the 23 529775v2 SJS LA515-39 terms of this Agreement, payment of special assessments, payment of the costs of all public Subdivision Improvements, and construction of all public Subdivision Improvements, the Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a combination of a cash escrow and letter of credit (the “Security") in the amount of $856,076.00. The bank originating the letter of credit shall be determined by the City to be solvent and creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and must be approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute for the letter of credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City, the City may draw under the existing letter of credit. This breakdown is for historical reference; it is not a restriction on the use of the Security. The City may draw down the Security, without notice, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required public Subdivision Improvements are not completed at least 30 days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used by the City to cure the default. 36. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the Security in the following instances: A. Up to 75 percent of the Security associated with the itemization on Exhibit C may be released upon completion of the following key milestones of the project as 24 529775v2 SJS LA515-39 determined by the City Engineer: 1. Construction Categories 2 and 3: The amount of $124,810.50 may be released when all sanitary sewer and watermain utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as-built inverts have been verified, and the utilities are considered ready for use by the City Engineer. 2. Construction Categories 4 and 5: The amount of $441,755.25 may be released when all streets, sidewalks, and storm sewer have been installed and tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list items and including verification of storm sewer as-built inverts, but not including the final wear course. 3. Construction Categories 6-10 and 14-17: The amount of $25,687.50 may be released when all remaining Developer’s obligations under this Agreement have been completed including: (1) bituminous wear course; (2) street lighting and private utilities; (3) trails; (4) bio retention facilities; (5) iron monuments for lot corners have been installed; (6) all financial obligations to the City satisfied; (7) the required "record" plans in the form of the City standards have been received and approved by the City; and (8) the public Subdivision Improvements are accepted by the City Engineer and the City Council. 4. Construction Categories 11, 12 and 13: The amount of $65,625.00 may be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City including all corrective work for any identified punch list items. B. Twenty-five percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision 25 529775v2 SJS LA515-39 Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. C. Twenty-five percent of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items being completed by the Developer; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. D. In addition to the above project milestone based Security reductions, the Developer may submit a written request and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve a one-time reduction in the Security for Construction Categories 2-5 in an amount not to exceed 50 percent of the initial Security amount. This one-time Security reduction does not apply to Categories 4- 5 if boulevard sidewalks or trails have not been installed. E. It is the intent of the parties that the City at all times have available to it Security in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or release of the Security shall be evaluated by the City in light of that principle. 37. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be paid to the City prior to recording the final plat: Sewer Availability Charge (SAC): $81,000 26 529775v2 SJS LA515-39 Water Availability Charge (WAC): $81,000 AUAR Fee: $6,210 Street Light Operating Fee: $258 City Base Map Upgrading ($25.00 per REU): $675 City Engineering Administration Escrow: $50,000 TOTAL CASH REQUIREMENTS: $219,143 38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 7500 Flying Cloud Drive, Suite 670, Eden Prairie, MN 55344. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3880 Laverne Avenue N., Lake Elmo, Minnesota 55042. 39. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of a title insurance policy dated not earlier than 30 days prior to the execution of the plat. 40. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, ordinances, regulations, and directives of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall be construed according to the laws of the Minnesota. 41. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall 27 529775v2 SJS LA515-39 not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 43. COUNTERPARTS. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 28 529775v2 SJS LA515-39 CITY OF LAKE ELMO By: ____________ __________________ Mike Pearson Its: Mayor By: __________________ _____________ Julie Johnson Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2018, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 29 529775v2 SJS LA515-39 PULTE HOMES OF MINNESOTA LLC By: ___________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___, day of _________________, 20___, by _______________________, the _______________________of Pulte Homes of Minnesota LLC, a Minnesota limited liability company on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 30 529775v2 SJS LA515-39 FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2 . STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of _____________, 20___. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 31 529775v2 SJS LA515-39 MORTGAGEE CONSENT TO DEVELOPMENT AGREEMENT , which holds a mortgage on the Property, the development of which is governed by the foregoing Development Agreement, agrees that the Development Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 . STATE OF ___________ ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by _______________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 32 529775v2 SJS LA515-39 CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT , which/who has a contract purchaser's interest in all or part of the Property, the development of which is governed by the foregoing Development Agreement, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the Property in which there is a contract purchaser's interest. Dated this ___ day of ________________, 20___. STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by ________________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 A-1 529775v2 SJS LA515-39 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of Property Being Final Platted Outlot B and Outlot G, Northport, according to the recorded plat thereof, County of Washington, State of Minnesota. B-1 529775v2 SJS LA515-39 EXHIBIT B TO DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by Sathre-Bergquist, Inc. and Norby & Associates collectively constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE 1 of 20 Title Sheet 2 of 20 Final Signage/Striping/Lighting Plan 3-5 of 20 Final Street Plan 6-7 of 20 Final Sanitary Sewer & Watermain Plan 8-10 of 20 Final Storm Sewer Plan 11-13 of 20 Final Grading Plan 14-16 of 20 Final Erosion Control Plan 17-20 of 20 Construction Details LP1 – LP5 Phase 2 Landscape Plan C-1 529775v2 SJS LA515-39 EXHIBIT C TO DEVELOPMENT AGREEMENT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125 percent 1 Grading $ N/A $ N/A 2 Sanitary Sewer $ 73,001 $ 91,251 3 Watermain $ 60,130 $ 75,163 4 Storm Sewer (includes pond structures and outfall pipes) $ 234,091 $292,614 5 Streets and Sidewalks $ 237,114 $ 296,393 6 Trails $ 7,500 $ 9,375 7 Surface Water Facilities (ponds, infiltration basins, other BMPs) $ N/A $ N/A 8 Street Lighting $ 12,000 $ 15,000 9 Street and Traffic Signs $ 625 $ 781 10 Private Utilities (electricity, natural gas, telephone, and cable) N/A N/A 11 Landscaping Improvements $52,500 $65,625 12 Tree Preservation and Restoration N/A N/A 13 Wetland Mitigation and Buffers N/A N/A 14 Monuments $ 2,900 $ 3,625 15 Erosion and Sedimentation Control N/A N/A 16 Miscellaneous Facilities N/A N/A 17 Developer’s Record Drawings $ 5,000 $ 6,250 TOTALS $684,861 $856,076 529775v2 SJS LA515-39 FORM OF IRREVOCABLE LETTER OF CREDIT No.__________________ Date: ________________ TO: City of Lake Elmo Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $___________ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___, of (Name of Bank)" ; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 20___. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3880 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its PUBLIC HEARING ITEM 4a – ACTION ITEM STAFF REPORT DATE: 7/17/2018 AGENDA ITEM: 22 TO: City Council FROM: Emily Becker, Planning Director ITEM: Verizon Wireless Telecommunications Tower Conditional Use Permit – 11351 Upper 33rd St N REVIEWED BY: Garrett Lysiak, P.E., OWL Engineering and EMC Test Labs, Inc. Jack Griffin, City Engineer Kristina Handt, City Administrator BACKGROUND: The Council is being asked to consider a request from Verizon Wireless Communications for a Conditional Use Permit to install a new 125-foot telecommunications tower with a nine-foot lightning rod on the property located at 11351 Upper 33rd Street North. The proposed tower is the second facility that has been submitted under the Wireless Communications Ordinance that was adopted in 2009. As per the ordinance, the City has retained the services of a consulting engineer to review the plans for compliance with these requirements. With the recommendation from the City’s consulting engineer, Staff is recommending approval of the Conditional Use Permit and variance requests. GENERAL INFORMATION: Applicant: Verizon Wireless, 10801 Bush Lake Rd, Bloomington, MN 55438 Property Owners: City of Lake Elmo Location: 11351 Upper 33rd Street North (PID# 13.029.21.31.0018) Request: Conditional Use Permit – Wireless Communications Facility Existing Land Use: Stormwater Pond, Wooded Area Existing Zoning: PF – Public Facility Surrounding Land Use: East: Northern Natural Gas parcel (vacant) PF – Public Facilities, West: Single Family Residential; South: Reid Park (PF – Public Facilities); North Comprehensive Plan: Public/Park Proposed Zoning: No Change History: The property was previously vacant land and was bought by the City Deadline for Action: Application Complete – 6/4/2018 2 60 Day Deadline – 08/03/2018 Extension Letter Mailed – No 120 Day Deadline – N/A Applicable Regulations: 150.110 – Wireless Communications Facilities 154.106 – Conditional Use Permits REQUEST DETAILS/ANALYSIS: CONDITIONAL USE PERMIT Request. The City of Lake Elmo has received a request from Verizon Wireless Communications for a Conditional Use Permit to construct a new 125-foot high wireless communications tower with a 9- foot lightning road on the property located at 11351 Upper 33rd Street North. The proposed location is owned by the City, and a large portion of it is used for stormwater purposes to serve the Village Downtown area. The tower site is proposed to be located approximately 520 feet from the north property line (620 feet from Upper 33rd Street North), approximately 45.5 feet from the east property line, and approximately 400 feet from the south property line. Lease Agreement Required. If approved by Council, the applicant will enter in to a lease agreement to lease a 36 by 32 piece of land in the location described above. This space would provide room for the tower itself, an equipment platform, generator, and future LP tank. Access to the site would be gained via the private drive from Upper 33rd Street. The applicant has indicated a 20-foot wide access and utilities easement on the site plan. Third Party Review. The applicant has provided detailed drawings depicting the location of the tower and accessory equipment in addition to a statement concerning compliance with the City’s Wireless Communications Facility ordinance. Because this statement of compliance includes nearly all of the text from the ordinance, Staff has not attached the City’s regulations as a separate document for review by the Council. Under the ordinance, the City may request assistance in reviewing the tower proposal by a third-party expert, which was done in this case. The City has hired Garrett Lysiak of OWL Engineering, which is a communications consulting engineering firm, to review the proposal for compliance with the City’s requirements. The consultant’s report is attached to this memorandum with his associated attachments and supporting documentation. Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) Authorization. It is required per ordinance that the applicant provide FAA approval or documentation that FAA approval is not required. The applicant has provided a determination of no hazard to air navigation, attached to this report. The applicant is also required to provide and has provided radio station authorization from the FCC. Structural Compliance Letter. The applicant has submitted a letter of structural compliance that indicates that the tower is designed for a Basic Wind Speed of 85 miles per hour (mph) (115 mph Ultimate) with no ice and 50 mph with ¾” radial ice and is designed to support three carriers. This letter indicates that if the wind speed were to increase beyond the design wind speed, it is highly unlikely to fail, and if it did, the most likely location of the failure would be within the upper portion of the wind shaft. The letter also indicates that the fall radius for the monopole design is less than 41 feet. Design. The applicant has provided photo simulations of the tower from both Upper 33rd Street North and adjacent residential properties. It is of monopole design as required in ordinance and is grey in 3 color. The applicant has shown that the monopole is designed to accommodate two additional providers as required by Code. Proof of Need. The applicant is required to submit a coverage/interference analysis and capacity analysis that demonstrates the need for a new facility, in addition to other information as noted in the ordinance. This documentation and analysis has been reviewed by the City’s consultant, and his opinion is that the applicant has met the threshold for documenting the need for a new tower. The consultant’s report is attached to this memorandum. Verizon has indicated in its application that they have seen tremendous growth in network data usage due to 4G or LTE technology. The proposed site’s objectives are to improve the levels of coverage in the City of Lake Elmo, as the area has limited coverage and is currently served by Verizon Wireless sites that are located over four miles outside of town, and to provide capacity offload to the existing Verizon Wireless site called Northdale (its east-facing sector), which is currently in exhaust. Attached maps show that Lake Elmo is situated in an area with very poor coverage currently. The applicant has also provided a Best Server coverage plot, which shows that a new site will overtake an existing high traffic area and offload the existing sector. Alternate Locations. One of the key provisions in the Wireless Communications Facility ordinance is a section that establishes location requirements for new facilities, which also includes a site ranking analysis that must be observed. In order of preference, new facilities are encouraged to be located: 1) on existing towers, 2) on existing structures, 3) on existing buildings four stories or higher, 4) on utility poles over 75 feet in height, 5) on public lands and facilities, and finally 6) on private property in the City. The applicant has addressed these preferences by trying the following alternatives: 1) Co-locate on the existing water tower at Langly Court North. • After discussing with the City, it was determined that the water tank is at full capacity and would not provide sufficient room for Verizon’s equipment. Verizon also considered placing a monopole next to the existing water tower, but due to the proximity to the water tower, the antenna orientations on the proposed site would be very restrictive and pointed in such a way that reflections coming from the tower would be minimized, and this would prevent the monopole from serving in certain areas that were targeted for coverage. 2) VFW Ballfield. 3) “City Hall Clock Tower” • Would provide less benefit to the network and a lower coverage footprint than a location downtown and would require a higher tower height 4) “Soccer Field Light Pole.” • Would provide less benefit to the network and a lower coverage footprint than a location downtown and would require a higher tower height. Co-Location Requirements. The Wireless Communications Facilities ordinances states that wireless communications services shall be located on existing towers or structures which exceed 35 feet in height and which are located within the potential service area for the site being proposed by the applicant. In the event that co-location is not possible, the applicant must demonstrate that a good faith effort to co-locate on existing towers and structures was made but an agreement cannot be made. Due to the aforementioned efforts to determine alternate sites by Verizon Wireless, Staff believes that a good faith effort was in fact made. Co-location requirements may be waived by Council if it is determined that antennae and/or tower accessory equipment would cause the 4 structural capacity of an existing or approved tower or structure to be exceeded; if the antennae and/or tower equipment would cause interference materially impacting the usability of existing antennae or tower accessory equipment; if existing or approved towers and buildings within the applicant’s search radius cannot or will not accommodate the antennae and/or tower accessory equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer; and/or other unforeseen reasons make it infeasible to locate the antennae and/or tower accessory equipment upon an existing or approved tower or building. Prohibited Areas. This section of the code prohibits towers from being located on smaller residential parcels, within open space or conservation easements, within airport impact zones, or in any open space preservation district. The proposed site does not fall within any of these prohibited areas. Application and Review Procedures. An applicant for a new tower must submit specific information as required by this section of the code. Of these requirements, the applicant has not presented a five-year plan for facilities in the community, and has not submitted a landscape plan that provides screening from the accessory equipment building. Staff is not recommending that either of these be required with the present application because Verizon has also submitted an additional wireless communications facilities application to place six 96” panel antennas on top of the water tank located at Ideal Avenue and 34th Street North and for reasons explained below in the Landscaping section of this report. Adverse Effects. Although the tower will be visible to adjacent properties, it is in an area that is heavily wooded and is surrounded by screening. Easton Village as well as a larger parcel with a single family parcel is to the east. Landscaping. Although required as part of the code, the applicant is not proposing additional landscaping, and Staff is recommending that this not be required. The site is heavily wooded, and as shown in the proposed images attached to this report, the tower would be well screened from Upper 33rd Street North and adjacent residential properties. Wireless Communications Tower Agreement. The applicant will need to enter into an agreement with the City concerning the proposed tower consistent with this section of the code. This agreement will be required before construction may begin. Minimum Conditions. The City Code includes several conditions as listed in the code that must be met by the applicant. The applicant has already met a number of these items through the application process. Recommended Findings. The proposed use will be subject to the recently revised required findings for conditional uses, which include the following: 1) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The tower has been engineered to withstand high winds and has a fall zone that will not cause it to fall on an adjacent property. 2) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for and zoned for public facilities, in which wireless communication facilities are an allowed use. 3) The use or development is compatible with the existing neighborhood. The wireless communication facility will be screened with existing trees. 5 4) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use meets almost all requirements of the City’s Wireless Communications Facilities ordinance except for the required height and setback from property lines, for which the applicant has requested variances. 5) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The proposed use is not in a flood plain management or shoreland area. 6) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed tower will be heavily screened by existing trees and will not change the essential character of the neighborhood. 7) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. The proposed use will be setback further from the property line than the fall zone and so will not be hazardous. It will be well screened and fenced so as to not create a nuisance and discourage climbing. 8) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed use has adequate access, and the Fire Department has reviewed the application and does not see an issue, as access can be achieved if need be through the fence. 9) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The City will enter in to a lease agreement for which it will receive a negotiated amount. 10) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed use will not create excessive production of traffic, noise, smoke, fumes, glare or odors. 11) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. There is an existing access road that will be utilized until such time the cul-de-sac providing connection from Easton Village is constructed. 12) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not result in in any destruction, loss or damage or a natural or scenic feature of major importance. Recommended Conditions. In reviewing this list, Staff finds that the applicant will be able to comply with the required findings in order to issue a conditional use permit. Please note that the Staff recommendation includes the following conditions of approval: 1) The applicant shall enter into a wireless communications tower agreement that addresses all items listed in Section 150.121 of the Lake Elmo City Code addressing wireless 6 communications facilities with the City prior to the issuance of a building permit for the proposed facility. 2) The applicant must submit proof of liability and worker’s compensation insurance. 3) Monopole shall be constructed of, or treated with, corrosive resistant material. 4) An agreement providing for co-location and 6-month removal of unused and/or obsolete towers shall be attached and become part of the permit. 5) The addition of antennas and associated equipment of an additional provider to an existing permitted tower shall be considered co-location and shall require a zoning permit and site plan approval. An amendment to a conditional use permit shall typically not be required. 6) All towers shall be reasonably protected against unauthorized climbing. The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of 6 feet with a locked gate. 7) All obsolete or unused towers and accompanying facilities shall be removed within 6 months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an improved state which includes removal of all concrete to 6 feet below normal grade and surrounding area returned to normal grading. Electronic equipment shall not be removed in advance of removal of obsolete or unused towers. To ensure compliance, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover all removal costs as determined by the city prior to the issuance of a building permit for the facility. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment and assess the cost against the required bonding or letter of credit instrument. 8) The city shall conduct a final inspection of the site to ensure that all requirements of the City Code and all conditions of approval attached as part of the wireless communications permit are met prior to the start of operation of the facility. 9) For installations of a facility in an area that could potentially be accessed by the public (including rooftop installations or other locations that would be considered public versus occupational) a radio frequency hazard analysis and a yearly report must be submitted before December 31 of each year showing the results of on-site measurements at the site. A registered professional engineer hired by the provider must sign these measurements and report. At a minimum, the report must document any changes to the site over the course of the previous year. 10) All lighting associated with the facility shall comply with the City’s lighting ordinance. The wireless communications tower shall not be illuminated by artificial means, as it is not required by the Federal Aviation Administration. 11) The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of six feet with a locked gate. 12) Building permits shall be applied for and issued before any construction is started. 13) The applicant shall be compliant with all other minimum conditions outlined in Section 150.123 of the Lake Elmo City Code addressing wireless communications facilities. 14) The applicant shall enter in to a lease agreement approved by Council for both this site and the water tower site at the corner of Ideal Avenue North and 34th Street North. 15) The applicant shall design the accessory equipment building to accommodate any additional equipment that may be needed by additional carriers on the tower. VARIANCE REQUESTS 7 Requests. The applicant is requesting three variances: 1) Maximum height • The maximum allowed tower height in the PF – Public Facilities District is 125 feet. The applicant is proposing a 125-foot tower with a 9-foot lightning rod. The applicant has indicated that if the tower and lightning rod did not exceed 125 feet, the tower height would decrease the antenna’s centerline and its effectiveness. The lightning rod is for safety reasons to divert lightning during a lightning event. Visually, the rod is not generally not visible against the sky. The wireless communications facilities ordinance states that Council may increase the maximum height of a wireless communications facility by 50 feet within the public facilities district provided that an applicant is able to demonstrate a need for a higher facility and/or the additional height will serve a public interest in allowing fewer towers to serve a given area. Staff believes that this provision has been met. 2) Setback from property line • Towers are required to be setback a distance equal to the tower height from all property lines, and all accessory structures are required to be setback at least twenty feet from all side yards and rear property lines. The center of the tower to the property line to the east is setback 45.5 feet and so does not meet this standard by 88.5 feet. This standard is met from all other property lines, as the tower is setback approximately 520 feet from the north property line, 400 feet from the south property line, and 680 feet from the west property line. As noted earlier in the report, the fall zone for this tower is 41 feet, and so this setback should not pose a safety hazard. Additionally, the existing house on the property to the east is setback approximately 245 feet from the western property line. As for accessory structures and equipment, the pad mounted transformer is setback approximately 16 feet from the property line, the generator is setback 24 feet from the property line, and the equipment platform is setback approximately 23 feet from the property line. 3) Expiration date of conditional use permit and variance • The applicant has indicated on the application that there is a lengthy construction process involving ordering of materials, procuring general contractors, and constraints with construction seasons and so is requesting a variance from the standard in the Zoning Code which states that a variance shall expire if work does not commence within twelve months of the date granting such variance. While there is a provision that allows extension requests for up to one year after this expiration date, the applicant would like to ensure that this extension will be granted and so is requesting this variance. The Zoning Code also states that if substantial construction has not taken place within 12 months of the date on which the conditional use permit was granted, the permit is void except that, on application, the Council, after receiving recommendation from the Planning Commission, may extend the permit for such additional period as it deems appropriate. Recommended Findings. An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to 8 the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. A majority of the site is used for the City for stormwater ponding, and so this is the only site on the parcel that would be suitable to construct the monopole. The applicant has reviewed a number of alternatives to the site and found this to be the most suitable. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The parcel is unique in that most of it is being used for stormwater ponding for the downtown area. The property became a stormwater pond prior to it being considered a location for a monopole. Lowering the height of the tower would decrease its effectiveness, and the lightning rod is needed for safety reasons. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. The monopole will be well screened from the public right-of-way and adjacent properties. The additional height of the lightning rod will not be visible against the sky. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. The proposed monopole will not effect the supply of air and light, increase congestion or impair property values within the neighborhood. Planning Commission Review. The Planning Commission held a public hearing and considered the requests for a conditional use permit and variances at their July 9, 2018 meeting. No one from the public spoke at the public hearing, and a written comment from the John Lenzmeier and Vicky Rehak, property owners of 11178 Upper 33rd Street North, provided written comment contesting the requests. Garrett Lysiak, P.E., OWL Engineering and EMC Test Labs, Inc., was there to provide testimony, explaining the need for the tower in order to provide sufficient coverage. The Planning Commission questioned if there were in fact other alternate locations that the wireless communications facility could go, and Garrett explained that it would be difficult for the City to determine alternate locations and reminded the City that even if there were alternate locations, a property owner must still be willing to sell or lease a parcel in order to erect the wireless communications facility. There was also question about the setback variance request and if the facility could go elsewhere on the property. The applicant explained that the other areas are being utilized for stormwater ponding purposes, and the proposed location is ideal due to the elevation and to avoid tree removal in other areas of the parcel. Finally, there was concern about the request for a variance from the expiration requirements of a conditional use permit and variance. It was decided, however, that the City should not be concerned with this, as the applicant is entering in to a lease agreement with the City, and with the time and effort put in to analysis for selecting this site, it would be highly likely that the applicant will begin construction as soon as possible. The Planning Commission recommended approval of the requests with a vote of 6-1. Commissioner Johnson had the dissenting vote for the reason that there may be alternate locations for the tower to go. OPTIONS: • Adopt Resolution 2018- and Resolution 2018- approving the conditional use permit and variances with recommended conditions of approval. 9 • Adopt Resolution 2018- approving the conditional use permit and deny some or all of requested variances with the condition that the plans be amended to conform to appropriate standards, providing findings for denial. • Prepare findings for denial of the conditional use permit and variance requests and direct Staff to prepare a Resolution to bring to a future meeting to deny the conditional use permit and variance requests. RECOMMENDATION: Staff and the Planning Commission recommend approval of the request from Verizon Wireless for a Conditional Use Permit to install a new 125-foot telecommunications tower with 9-foot lightning rod on the site property located at 11351 Upper 33rd Street North with recommended conditions of approval. “Move to adopt Resolution 2018-083 approving the request from Verizon Wireless for a Conditional Use Permit to install a new 125-foot telecommunications tower with 9-foot lightning rod on the site property located at 11351 Upper 33rd Street North with recommended conditions of approval.” Staff and the Planning Commission recommend approval of the requests from Verizon Wireless for a variance from the maximum height requirement, minimum setback requirement, and conditional use permit and variance expiration dates. “Move to adopt Resolution 2018-084 approving the request from Verizon Wireless for a variance from the maximum height requirement, minimum setback requirement, and conditional use permit and variance expiration dates.” ATTACHMENTS: 1. Report from OWL Engineering (Garrett Lysiak) with Attachments 2. Application and Cover Letter 3. Narrative 4. Plans 5. Topo Map 6. Site Analysis 7. Photo Simulations 8. FAA Approval 9. FCC Approval 10. Resolution 2018-083 approving the Conditional Use Permit 11. Resolution 2018-084 approving the variance requests SITE SURVEY MINC TICKLE Washington County, MN 0494A1877.002 No. Date REVISIONS By CHK APP'D SMK SMK/JMBFIELD WORK: 5/30/17 CHECKED BY:DRAWN BY: © 2017 WIDSETH SMITH NOLTING HALF SCALE ON 11"x17" FULL SCALE ON 22"x34" SITE NAME: I HEREBY CERTIFY THAT THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.DESIGN WIDSETH SMITH NOLTING Engineering | Architecture | Surveying | EnvironmentalPRELIMIN A R Y SHEET 1 OF 2 SHEETS PROPERTY DESCRIPTION: SCHEDULE “B” EXHIBITS: ACCESS PROPERTY DESCRIPTION: SCHEDULE “B” EXHIBITS:UTILITY PROPERTY DESCRIPTION: SCHEDULE “B” EXHIBITS: O H E O H E OH E OH E O H E O H E O H E OH E OH E OH E OH E OH E OH E OH E OHE OHE OHE OHE OHE OHE OH E OH E OH E O H E O H E UNION P A C I F I C R A I L R O A D T S T UPPER 3 3 R D S T R E E T N . 920 925 917 93 0 930 929 92 8 92 7926 931 9 2 9 928 9 2 7 93 0 92 0 92 5 926 9 1 7 92 4 9 2 5 92 4 92 7 932 931 929 92 6 93 1 925 930 931 PID NO: 1302921310018 WASHINGTON COUNTY OUTLOT F T FOC FOC FOC FOCFOC FOC FOC 918 920 92 4 925 926927 9 2 2 9 2 5 924 923 925 926 923 920 92 0 92 3 9 2 6 93 0 30TH STREET N LA K E E L M O A V E N U E N STAT E T R U N K H I G H W A Y N O . 5 LAKE ELMO UNION P A C I F I C R A I L R O A D UPPER 3 3 R D S T R E E T N . SITE SURVEY ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD83 (1986) 0 SCALE ( IN FEET ) 50 100 NO R T H = DENOTES A FOUND IRON MONUMENT SECTION LINE QUARTER LINE RIGHT OF WAY LINE LEGEND MINC TICKLE Washington County, MN 0494A1877.002 No. Date REVISIONS By CHK APP'D SMK SMK/JMBFIELD WORK: 5/30/17 CHECKED BY:DRAWN BY: © 2017 WIDSETH SMITH NOLTING HALF SCALE ON 11"x17" FULL SCALE ON 22"x34" SITE NAME: VICINITY MAP SURVEYOR NOTES: I HEREBY CERTIFY THAT THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.DESIGN 1"=600' NO R T H SITE PARCEL LINE T TELE PEDESTAL ELEC POLE GUY ANCHOR TREE DECIDUOUS = DENOTES A FOUND SECTION CORNER MONUMENT OHE OVERHEAD ELEC EDGE OF WOODS CENTERLINE RAILROAD GRAVEL SURFACE CULVERT WIDSETH SMITH NOLTING Engineering | Architecture | Surveying | Environmental SANITARY MANHOLES MAILBOX PRELIMIN A R Y SIXTEENTH LINE FOC UNDERGROUND FIBER EDGE OF FIELD EASEMENT LINE SIGN GRID NORTHGEODETIC NORTH MAGNETIC NORTH SHEET 2 OF 2 SHEETS Resolution 2018-083 509020v1 SJS LA515-1 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2018-083 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 11351 UPPER 33RD STREET NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Verizon Wireless, 10801 Bush Lake Road, Bloomington MN 55438 (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for a wireless communications facility the property located at 11530 Upper 33rd Street North (PID# 13.029.21.31.0018) (the “Property”); and WHEREAS, the Applicant also submitted an application to the City for variances for nine feet from the maximum height allowed for wireless communications to allow a wireless communications facility 134 feet in height; a variance of 88.5 feet from the minimum setback from the eastern property line to allow a setback of 45.5 feet from the easterly property line; and a variance from the one-year expiration date requirement of the conditional use permit and variance requests; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on July 9, 2018; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated July 9, 2018, and WHEREAS, the City Council considered said matter at its July 17, 2018 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154.106 have been met by the Applicant. Resolution 2018-083 509020v1 SJS LA515-1 2 3) That the proposed Conditional Use Permit includes the following components: a) A Conditional Use Permit for a wireless communications facility for the property located at 11351 Upper 33rd Street North. 4) That the Conditional Use Permit for a school district transportation center will be for the Property legally described as follows: ALL OF THE FOLLOWING DESCRIBED TRACT WHICH LIES SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF SAID ST. P. S. & T. F. RY., (NOW OWNED AND OPERATED BY THE UNION PACIFIC RAILROAD): THAT PART OF THE WEST HALF OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-NINE (29) NORTH OF RANGE TWENTY-ONE (21), LYING WITHIN THE FOLLOWING BOUNDARIES, TO-WIT: BEGINNING AT THE QUARTER POST IN THE CENTER OF THE SOUTH LINE OF SAID SECTION; THENCE RUNNING NORTH ALONG THE CENTER LINE OF SAID SECTION TO A POINT IN THE CENTER OF THE SAINT PAUL & STILLWATER ROAD; THENCE SOUTHWESTERLY ALONG THE CENTER OF SAID ROAD TO A POINT FORTY FOUR (44) RODS WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE THEREOF FORTY-FOUR (44) RODS WEST OF THE CENTER POST IN SAID LINE; THENCE EAST FORTY- FOUR (44) RODS TO THE PLACE OF BEGINNING, EXCEPTING, HOWEVER, A STRIP OF LAND ONE HUNDRED (100) FEET IN WIDTH, BEING FORTY-FOUR (44) FEET ON THE NORTH SIDE AND FIFTY-SIX (56) FEET ON THE SOUTH SIDE OF CENTERLINE OF ST. P. S. & T. F. RY. TRACK AS CONSTRUCTED OVER AND ACROSS EAST FORTY-FOUR (44) RODS OF WEST ONE-HALF (W1/2), AND ALSO EXCEPTING THEREFROM THE EAST 726 FEET OF THE SOUTH 1800 FEET OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, SUBJECT TO THE RIGHT OF WAY OF MINNESOTA TRUNK HIGHWAY NO. 5 (ALSO KNOWN AS STILLWATER BOULEVARD NORTH), AND IS ALSO SUBJECT TO A 20 FOOT ROAD EASEMENT RECORDED BY DOCUMENT NUMBER 328273 IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA, AND IS ALSO SUBJECT TO A NORTHERN STATES POWER EASEMENT RECORDED IN BOOK 136 OF DEEDS, PAGE 297, IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY MINNESOTA SECTION 13 TOWNSHIP 029 RANGE 021 5) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The tower has been engineered to withstand high winds and has a fall zone that will not cause it to fall on an adjacent property. 6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for and zoned for public facilities, in which wireless communication facilities are an allowed use, and certain wireless communication facilities require a conditional use permit. 7) The use or development is compatible with the existing neighborhood. The wireless communication facility will be screened with existing trees. 8) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use meets almost all requirements of the City’s Wireless Communications Facilities ordinance except for the required height and setback from property lines, for which the applicant has requested variances. 9) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). The proposed use is not in a flood plain management or shoreland area. Resolution 2018-083 509020v1 SJS LA515-1 3 10) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed tower will be heavily screened by existing trees and will not change the essential character of the neighborhood. 11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. The proposed use will be setback further from the property line than the fall zone and so will not be hazardous. It will be well screened and fenced so as to not create a nuisance, and climbing will be discouraged. 12) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed use has adequate access, and the Fire Department has reviewed the application and does not see an issue, as access can be achieved if need be through the fence. 13) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The City will enter in to a lease agreement for which it will receive a negotiated amount. 14) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed use will not create excessive production of traffic, noise, smoke, fumes, glare or odors. 15) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. There is an existing access road that will be utilized until such time the cul-de-sac providing connection from Easton Village is constructed. 16) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not result in in any destruction, loss or damage or a natural or scenic feature of major importance. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby approves the request by Verizon for a Conditional Use Permit for a wireless communications facility with the following conditions of approval: 1) The applicant shall enter into a wireless communications tower agreement that addresses all items listed in Section 150.121 of the Lake Elmo City Code addressing wireless communications facilities with the City prior to the issuance of a building permit for the proposed facility. 2) The applicant must submit proof of liability and worker’s compensation insurance. 3) Monopole shall be constructed of, or treated with, corrosive resistant material. Resolution 2018-083 509020v1 SJS LA515-1 4 4) An agreement providing for co-location and 6-month removal of unused and/or obsolete towers shall be attached and become part of the permit. 5) The addition of antennas and associated equipment of an additional provider to an existing permitted tower shall be considered co-location and shall require a zoning permit and site plan approval. An amendment to a conditional use permit shall typically not be required. 6) All towers shall be reasonably protected against unauthorized climbing. The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of 6 feet with a locked gate. 7) All obsolete or unused towers and accompanying facilities shall be removed within 6 months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an improved state which includes removal of all concrete to 6 feet below normal grade and surrounding area returned to normal grading. Electronic equipment shall not be removed in advance of removal of obsolete or unused towers. To ensure compliance, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover all removal costs as determined by the city prior to the issuance of a building permit for the facility. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment and assess the cost against the required bonding or letter of credit instrument. 8) The city shall conduct a final inspection of the site to ensure that all requirements of the City Code and all conditions of approval attached as part of the wireless communications permit are met prior to the start of operation of the facility. 9) For installations of a facility in an area that could potentially be accessed by the public (including rooftop installations or other locations that would be considered public versus occupational) a radio frequency hazard analysis and a yearly report must be submitted before December 31 of each year showing the results of on-site measurements at the site. A registered professional engineer hired by the provider must sign these measurements and report. At a minimum, the report must document any changes to the site over the course of the previous year. 10) All lighting associated with the facility shall comply with the City’s lighting ordinance. The wireless communications tower shall not be illuminated by artificial means, as it is not required by the Federal Aviation Administration. 11) The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of six feet with a locked gate. 12) Building permits shall be applied for and issued before any construction is started. 13) The applicant shall be compliant with all other minimum conditions outlined in Section 150.123 of the Lake Elmo City Code addressing wireless communications facilities. 14) The applicant shall enter in to a lease agreement approved by Council for both this site and the water tower site at the corner of Ideal Avenue North and 34th Street North. Resolution 2018-083 509020v1 SJS LA515-1 5 15) The applicant shall design the accessory equipment building to accommodate any additional equipment that may be needed by additional carriers on the tower. Passed and duly adopted this 17th day of July 2018 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk Resolution 2018-084 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2018-084 A RESOLUTION APPROVING VARIANCES FROM THE REQUIRED HEIGHT AND SETBACK FOR A WIRELESS COMMUNICATIONS FACILITY FOR THE PROPERTY LOCATED AT 11351 UPPER 33RD STREET NORTH AND FROM THE EXPIRATION DATE REQUIREMENTS FOR THE CONDITIONAL USE PERMIT AND VARIANCE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Verizon Wireless, 10801 Bush Lake Road, Bloomington MN 55438 (“Applicant”), has submitted an application to the City of Lake Elmo (the “City”) for a variance to allow construction of a wireless communications facility that does not meet the required maximum height and minimum setback standards required for wireless communications facilities as well as a variance from the one year expiration requirement for a conditional use permit and variance. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on July 9, 2018; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated July 9, 2018; and WHEREAS, the City Council considered said matter at its July 17, 2018 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: Resolution 2018-084 2 a) A 9-foot variance from the maximum height requirement for wireless communication facilities, which require that the maximum height of wireless communications facilities within the PF – Public and Quasi-Public Open Space districts is 125 feet, to allow a 125-foot wireless communications facility with a 9- foot lightning rod. b) An 88.5-foot variance from the minimum setback requirement for wireless communications facility, which requires that wireless communications facilities be setback a distance from the property line equal to the height of the tower, to allow a 45.5-foot setback for a wireless communications tower from the easterly property line. c) Variances from the requirements that a variance shall expire if work does not commence within twelve months of the date of granting such variance and that a conditional use permit is void if substantial construction has not taken place within twelve months of the date on which the conditional use permit was granted. 4) That the Variance will be located on property legally described as follows: ALL OF THE FOLLOWING DESCRIBED TRACT WHICH LIES SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF SAID ST. P. S. & T. F. RY., (NOW OWNED AND OPERATED BY THE UNION PACIFIC RAILROAD): THAT PART OF THE WEST HALF OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-NINE (29) NORTH OF RANGE TWENTY-ONE (21), LYING WITHIN THE FOLLOWING BOUNDARIES, TO-WIT: BEGINNING AT THE QUARTER POST IN THE CENTER OF THE SOUTH LINE OF SAID SECTION; THENCE RUNNING NORTH ALONG THE CENTER LINE OF SAID SECTION TO A POINT IN THE CENTER OF THE SAINT PAUL & STILLWATER ROAD; THENCE SOUTHWESTERLY ALONG THE CENTER OF SAID ROAD TO A POINT FORTY FOUR (44) RODS WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE THEREOF FORTY-FOUR (44) RODS WEST OF THE CENTER POST IN SAID LINE; THENCE EAST FORTY-FOUR (44) RODS TO THE PLACE OF BEGINNING, EXCEPTING, HOWEVER, A STRIP OF LAND ONE HUNDRED (100) FEET IN WIDTH, BEING FORTY-FOUR (44) FEET ON THE NORTH SIDE AND FIFTY-SIX (56) FEET ON THE SOUTH SIDE OF CENTERLINE OF ST. P. S. & T. F. RY. TRACK AS CONSTRUCTED OVER AND ACROSS EAST FORTY-FOUR (44) RODS OF WEST ONE-HALF (W1/2), AND ALSO EXCEPTING THEREFROM THE EAST 726 FEET OF THE SOUTH 1800 FEET OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, SUBJECT TO THE RIGHT OF WAY OF MINNESOTA TRUNK HIGHWAY NO. 5 (ALSO KNOWN AS STILLWATER BOULEVARD NORTH), AND IS ALSO SUBJECT TO A 20 FOOT ROAD EASEMENT RECORDED BY DOCUMENT NUMBER 328273 IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA, AND IS ALSO SUBJECT TO A NORTHERN STATES POWER EASEMENT RECORDED IN BOOK 136 OF DEEDS, PAGE 297, IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY MINNESOTA SECTION 13 TOWNSHIP 029 RANGE 021 5) That strict enforcement of the requirements from which the variance was requested would cause practical difficulties, and that the property owner proposes to use the property in a reasonable manner, as a majority of the site is used by the City for stormwater ponding and is heavily wooded, and so this is the only site on the parcel that would be suitable to construct the monopole. The applicant has reviewed a number of alternatives to the site and found this to be the most suitable. Lowering the tower height to accommodate the lightning pole and Resolution 2018-084 3 still be at the required height would decrease the tower’s effectiveness. Further, the applicant has explained that the process of procuring contractors, ordering parts, and short construction seasons would result in the commencement of construction within one year of granting the variance to be very difficult. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner, as the parcel is unique in that most of it is being used for stormwater ponding for the downtown area. The property became a stormwater pond prior to it being considered a location for a monopole. Lowering the height of the tower would decrease its effectiveness, and the lightning rod is needed for safety reasons. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located, as the monopole will be well screened from the public right- of-way and adjacent properties. The additional height of the lightning rod will not be visible against the sky. 8) That the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood, as the proposed monopole will have no effect the supply of air and light, increase congestion or impair property values within the neighborhood. A majority of the base of the tower will be screened in a heavily wooded area, and the applicant has shown that the fall zone is shorter than the requested reduced setback. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted. Passed and duly adopted this 17th day of July 2018 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: July 17, 2018 REGULAR #23 AGENDA ITEM: Verizon Cell Leases SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: In 2015, Verizon approached the city about placing cell phone equipment at the water tower site at public works and a location in the Old Village area. Initially, VFW or Lions field were considered as sites but given the uncertainty at the time about the future development/improvements to those areas, staff began exploring the infiltration basin site just south of the tracks. Verizon has submitted for an administrative permit for the water tower location and a variance and conditional use permit (CUP) for the infiltration basin site (previous agenda item). If the Council approves the CUP and variance, one of the conditions is a lease agreement. Staff had further conversations with Verizon representatives about the water tower site over the last couple years as well. After further review, it was determined that the cell equipment could go inside the water tower rather than outside next to the tower. This was important in order to ensure enough space for future maintenance of the water tower (painting, cleaning, etc) and maneuverability around the public works yard. ISSUE BEFORE COUNCIL: Should the Council approve the Verizon lease for the Water Tower site? Should Council approve the Verizon lease for the monopole at the infiltration basin? PROPOSAL: Staff has been working with Bob Vose from Kennedy and Graven to negotiate the terms of the two leases. The lease is a five year lease with four automatic five year renewals unless the City gives Verizon written notice to terminate at least six months prior to expiration of the term. The annual rent begins at $34,800 and increases by 2% annually. The land lease agreement for the monopole at the infiltration basin is also for five years with four automatic five year renewals. The annual rent is $19,800 with a 2% annual increase. FISCAL IMPACT: Over the terms of the lease the city would receive $1,748,854.36 in revenue. Cell tower revenue is currently used to fund operations in the general fund. OPTIONS: 1) Approve the Water Tower and Land Lease agreements with Verizon Wireless 2) Amend and then Approve the Water Tower and Land Lease agreements with Verizon Wireless 3) Do not approve the Water Tower and Land Lease agreements with Verizon Wireless RECOMMENDATION: Motion to approve the Water Tower Lease Agreement with Verizon Wireless. AND Motion to approve the Land Lease Agreement with Verizon Wireless. ATTACHMENTS: • Water Tower Lease Agreement • Land Lease Agreement STAFF REPORT DATE: July 17, 2018 REGULAR ITEM #: 24 MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Baseball Field Improvements – Demontreville Park REVIEWED BY: Ben Prchal, City Planner Director Kristina Handt, City Administrator BACKGROUND: As part of the May 1, 2018 City Council meeting, Council authorized staff to solicit quotes for baseball field improvements at Demontreville Park. The 2018 – 2022 Capital Improvement Plan for Demontreville Park states that $75,000 is reserved to add a new field and to regrading/update the current baseball field while also adding fencing/tipped backstop. Being that the Mahtomedi Baseball Association is the most frequent user of the park staff had reached out to them for recommendations on dimensions for the new field. After a few conversations they indicated that the park size is too restrictive to effectively put two fields in the park. They further elaborated that if two fields were to be used for games or practice the parking lot would quickly fill up. ISSUE BEFORE THE COUNCIL: Does City Council wish to except the lowest responsible quote and approve Demontreville Park Baseball Field Improvements? PROPOSAL: If approved the following baseball field improvements will take place: - 90’ sport lime field - Base anchors at 60’, 65’, and 75’ - Backstop 20’ high w/6’ overhang - 8’ infield fence extending 100’ from home plate FISCAL IMPACT: Funding for the above listed ball filed improvements will not exceed $70,000 and shall be paid by Park Dedication Funds. OPTIONS: 1) Approve and award field improvement quotes 2) Deny approval and awarding of field improvement quotes 3) Table approval and awarding of field improvement quotes RECOMMENDATION: “ Approve and award quote for Demontreville Park Baseball Field Improvements to Pember Companies for an amount not to exceed $70,000” ATTACHMENTS: • Pember Companies Quote • Rachel Contracting Quote BID PRICING June 22, 2018 Rob Weldon City of Lake Elmo 3800 Laverne Ave N Lake Elmo, MN, 55042 651-747-3941 rweldon@lakeelmo.com PROJECT: Demontreville Park Field – Lake Elmo, MN BID: Total $ 88,508.00 INCLUDES: Earthwork: • Erosion control (600LF silt fence) • Topsoil stripping & salvage for reuse • Cut/Fill to balance site • Import & place 5” aglime at field (400 TON Total) • Respread topsoil • Seed disturbed areas (5,600SY) • 90lf backstop 20’ high with overhang • 8’ infield fence extending 100’ from home plate each direction • Finish grade site to within .10’ EXCLUDES: Tree Trimming/Removal, Concrete Maintenance Strip, Base/Base Anchors, Street/Sidewalk Removal or Restoration other than Noted Above, Soil Corrections, Dewatering, Private Locates, Removal/Relocation or Temp Hanging of Existing Public or Private Utilities, SWPPP or Monitoring, Seeding/Temp Seeding, Erosion Control Blanketing, Import of Rock for Laydown or Access, Temporary Fence, Hauling Premium Costs during Road Restrictions, Surveying & Layout, Testing, Inspections, Permits, Licenses or Fees other than Noted Above, Traffic Control, Temporary Facilities, Bond (Add 1%) & Winter Conditions Thank you for the opportunity to submit a proposal on this project. This quote is valid for 30 days after its submission, based upon the date provided above with assumed payment terms of net 30 days. Please feel free to call with any questions. Nate Fischbach Estimator/Project Manager (763) 274-8866 nfischbach@rachelcontracting.com 0 40 80 Demontrevile Park STAFF REPORT DATE: 7/17/18 REGULAR ITEM #: 25 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Approval for Additional Costs for Comprehensive Plan REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The City had established a total project budget of $100,000 for the Comprehensive Plan update as was reflected in the 2017 budget book. The City applied for and received a Living Healthy in Washington County grant in the amount of $15,000. The Council approved the hiring of Swanson Haskamp Consulting at its January 17, 2017 meeting with a budget not to exceed $80,000. Then, on March 7, 2017, the Council approved a Master Services Agreement with Swanson Haskamp Consulting that increased that budget to $90,000 in order to include the Living Healthy portion in the planning process. The City received the final invoice from Swanson Haskamp Consulting and was informed that the budgeted $90,000 had been exceeded along with a request for the City to share in less than half the team’s overages related to the project. ISSUE BEFORE COUNCIL: Should the City approve additional costs associated with development of the 2040 Comprehensive Plan update? PROPOSAL DETAILS/ANALYSIS: Per Swanson Haskamp, the overages related to re-calculating the full land use plan based on the revised directions to ignore the 2015 system statement projections and consequently update nearly every chapter; one of the most time consuming being the Transportation Analysis Zones in the Transportation chapter which was originally planned to be done by the City Engineer; adjusting land use and household breakdowns; and the partial update of the Local Surface Water Management Plan (LSWMP) to comply with the chapter requirements, which will provide data which addresses many of the required items in the LSWMP. The overage amounts to $3,217.50. FISCAL IMPACT: The City had budgeted $100,000 for the comprehensive plan update. The City has received a Washington County Living Healthy grant in the amount of $15,000 to apply to the project. The City Council meeting Page 2 Regular Item #25 7/17/2018 SHC Master Services Agreement and Addendum for comprehensive planning services including the Living Healthy component for a not to exceed amount of $90,000. The total amount being paid to Swanson Haskamp Consulting relating to the 2040 Comprehensive Plan update, if the overage is approved, would be $93,217.50. The agreement states that any change orders, additional services and/or modifications to the proposal may result in adjustments to the budget and such additional charges would be billed per the Rate Schedule. Any such changes are to be in writing and be attached as an addendum to the agreement. OPTIONS: The Council has the following options: 1) To approve the requested overage amount. 2) Approve a different overage amount. 3) To not approve the overage. RECOMMENDATION: Staff recommends the Council approve the requested overage amount. Planning Commission and Council recommendation to remove the Urban Reserve from the land use plan resulted in having to make significant changes throughout the plan, requiring more time and effort than originally planned. “Move to approve an overage of $3,217.50 to be paid to Swanson Haskamp Consulting.” ATTACHMENTS: • SHC Master Services Agreement MASTER SERVICES AGREEMENT BETWEEN SWANSON HASKAMP CONSULTING, LLC AND THE CITY OF LAKE ELMO FOR PLANNING SERVICES RELATED TO THE 2040 COMPREHENISVE PLAN UPDATE The Agreement (“Agreement”) is made as of 2017 and between, the City of Lake Elmo (“Client”), 3800 Laverne Avenue N., Lake Elmo, MN 55042, and Swanson Haskamp Consulting, LLC (“SHC”), 246 Albert Street S., Suite 2A, St. Paul, MN 55105, to provide Professional Planning Services (‘Services”) by SHC for the 2040 Comprehensive Plan Update project (“Project”) as directed by the Client. Description of Services (Scope of Services) Jennifer Haskamp, President of SHC shall be the primary contact and project manager assigned to perform planning and project management services for the Project. SHC responded to the Client’s Request for Proposal on December 22, 2016 which included a defined scope of services, schedule, and budget (hereinafter referred to as “Proposal”). The Proposal is hereby incorporated as Addendum 1, and SHC agrees to perform and complete the work as identified within the Proposal. The following summary of the Project Proposal is provided: • Phase I: Project Initiation, Issue Identification, Background Report, Visioning and Goal Setting • Phase II: Plan Development o Land Use & Housing o Parks & Trails, Natural Resources o Transportation, Water & Wastewater o Implementation • Phase III: City Review & Adjacent Jurisdictions • Phase IV: Metropolitan Council Review • Phase V: Update Official Controls (Not included within budget) SHC shall perform the services identified in the Project Proposal and no others unless otherwise agreed to by verbal or written direction, and unless SHC is paid additional compensation. Standard of Care. SHC’s services shall be performed based on the standard of reasonable professional care for services similar in scope, schedule, and complexity to the services being provided by SHC. All warranties, express or implied, under the Proposal or otherwise, in connection with SHC’s services are expressly disclaimed. Period of Service This contract shall be effective through commencement of Phase IV: Metropolitan Council Review, or approximately December 2018, as identified in the Project Proposal. Compensation SHC shall be paid for the Project per Addendum 1: Proposal, and such services shall not exceed $80,000. Billing rates of the SHC Team shall be as identified on the attached Addendum 2: Rate Schedule. Client agrees that the not-to-exceed value of this contract correlates directly to the activities identified in the Proposal. Any change orders, additional services and/or modifications to the Proposal may result in adjustments to the budget and such additional charges would be billed per the Rate Schedule included within the Proposal through the duration of this contract. Any such changes shall be in writing and be attached as an Addendum to this Master Services Agreement. Payments are due upon presentation of SHC’s invoices, and the Client agrees to pay bills within 30 days of receipt. SHC and the Client shall work together to establish the method for reporting and submitting invoices to assist with the ease of monthly billing and budget management. Client hereby acknowledges that sufficient funds are currently available, or methods to obtain funds, are assigned to pay for the cost of the Project contemplated by the Agreement. SHC has the right, at its sole discretion, to stop work and withhold work product or Services, if payments have not been received within 30 days of invoicing date. If Payments are not made within 30 days, a service charge of one (1) percent per month (12% annum), or as permitted by law, will be charged on any unpaid balance. Service charges may be compounded. If Client fails to make payments to SHC consistent with the Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at SHC’s option, cause for suspension of performance of the Services under the Agreement. If SHC elects to suspend Services, prior to suspension of Services, SHC shall give seven days written notice to Client. In the event of a suspension of Services, SHC shall have no liability to Client for delay or damage caused to Client because of such suspension of Services. Before resuming Services, SHC shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of SHC’s services. SHC’s fees for the remaining Services and the time schedules shall be equitably adjusted. In the event of termination not the fault of SHC, SHC shall be compensated for Services performed prior to termination, together with reimbursable expenses due. Client’s Responsibilities Client shall provide full information in a timely manner regarding requirements for and limitations for successful execution of the Scope of Services, including objectives, schedule, constraints and criteria, requirements and relationships and any other pertinent information that will assist SHC in achieving the expectations of the Client. The Client further agrees to work collaboratively with SHC on the tasks and responsibilities as identified within the Proposal, particularly as it relates to the Technical Panel, Advisory Panel (“AP”) and Public Participation activities. The Client shall designate a representative authorized to act on the Client’s behalf with respect to the Proposal and will serve as the Project point of contact throughout the duration of this contract. The Client, or such designated representative, shall render decisions in a timely manner pertaining to documents submitted by SHC to avoid unreasonable delay in the orderly and sequential progress of the Proposal. Termination The Agreement may be terminated by either party at any time should the other party fail to perform in accordance with its terms through no fault of the party initiating the termination. Such termination shall be effective after giving ten days written notice. Client agrees to pay SHC for all Services provided up to the effective date of termination. Miscellaneous Work Product The documents prepared by SHC for the Project are instruments of SHC’s service for use solely with respect to the Client and, unless otherwise provided and agreed, SHC shall be deemed the author of these documents. All documents shall be the property of the Client, and both the Client and SHC shall retain all common law, statutory and other reserved rights, including the copyright. The Client and SHC shall be permitted to retain copies, including reproducible copies, of SHC’s documents for the Client’s information, reference and use in connection with the Services. Claims and Consequential Damages SHC and Client waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s terminating in accordance with the termination clause. Any claim, dispute or other matter in question arising out of or relating to the Proposal or breach thereof (“Claim”) shall be resolved by litigation in the State or (assuming subject matter jurisdiction) Federal Court located in Washington County, Minnesota. Interpretation and Severability Each provision of this Agreement is severable from the others. Should any provision of the Agreement be found invalid or unenforceable, such provision shall be ineffective only to the extent required by law, without invalidating the remainder of such provision or the remainder of the Agreement. Further, to the extent permitted by law, any provision found invalid or unenforceable shall be deemed automatically redrawn to the extent necessary to render it valid and enforceable. Assignment The Client and SHC, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Client nor SHC shall assign this Agreement without the written consent of the other. Team Relationship The Client and SHC agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. Entire Agreement The terms and conditions set forth herein constitute the entire understanding of the parties relating to the services to be provided by SHC. Only a written instrument signed by both parties may amend the Agreement. Governing Law The Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of Minnesota, excluding its conflict of laws. SHC and Client expressly consent to the exclusive personal jurisdiction and venue of the Minnesota courts for all purposes relating to the Proposal. The parties waive trial by jury. Execution In witness whereof, the parties hereto have made and executed the Agreement as of the day and first above written. CLIENT SWANSON HASKAMP CONSULTING, LLC Jennifer Haskamp, President | Principal Printed Name Date 02/17/2017 Draft Addendum #3 to MSA dated , 2017 1 Addendum 3 to Master Services Agreement (“MSA”) dated , 2017 I. Cost and Fee Summary: The Project Proposal Not-to-Exceed value of $80,000 will accommodate the proposed changes and additional Stakeholder meetings with the allocation of the Health Living Grant as detailed in Sections II and II which follow. The Living Healthy Grant requires additional Services to the Project Proposal to complete. The additional Services are detailed within Section III b and c which follows. The estimate for the additional Services is approximately $8,870 with a not-to-exceed value of $10,000. Total Not-to-Exceed + Addendum 3 = $90,000 II. Changes to the Proposal The following changes and additions to the Project Proposal, where Project Proposal is defined within the MSA, are summarized below as discussed with City Staff on February 8, 2017: a. All Advisory Panel Meetings will be held in-person, and the scoped Virtual Advisory Panel meetings in the Proposal will be changed to in-person meetings. This result in three (3) additional in-person Advisory Panel meetings, and a cost difference of $600 based on the flat meeting rates defined within the Proposal. b. The City would like to hold in-person stakeholder meetings as part of the public participation process. These meetings were not identified in the Proposal. The following stakeholder groups are identified: i. Cimarron/FamilyMeans ii. South of 10th Street Homeowners Association (HOAs) iii. Church/Faith Groups/Civic Organizations/Schools iv. Rural Residential v. Tri-Lakes Area/Lake Association vi. Village Area/Business Association c. The additional stakeholder meetings result in additional Services totaling approximately $6,340 (includes meeting attendance and meeting preparation) d. Schedule has been amended to reflect additional meetings and is attached to this Addendum. III. Living Healthy Grant Money Allocation a. SHC has reviewed the Living Healthy grant which was received by the City after the Proposal was submitted. Some of the objectives associated with the Living Healthy grant can be accommodated within the existing scope as follows: i. Advisory Panel Meetings (9): $100 of each meeting billed against the grant ($900) 02/17/2017 Draft Addendum #3 to MSA dated , 2017 2 ii. Staff Meetings (8): $100 of each meeting billed against the grant ($800) iii. Stakeholder Meetings (6): $100 of each meeting billed against the grant ($600) iv. Park Commission Meetings (2): $250 of each meeting billed against the grant ($500) b. The Living Healthy Grant details the expectation of going out to the public to solicit information. Staff identified 4-5 events throughout the duration of the Project where SHC and staff would attend to solicit feedback. Attendance and preparation for these events results in additional Services totaling approximately $4,600. c. To incorporate the elements of Living Healthy Grant throughout the document in plan components and mapping results in an additional Services totaling approximately $4,270. STAFF REPORT DATE: 7/17/2018 REGULAR ITEM #: 26 MOTION TO: City Council FROM: Rob Weldon, Public Works Director AGENDA ITEM: Water Meter Replacement REVIEWED BY: Kristina Handt, City Administrator Amy LaBelle, Accountant BACKGROUND: The City of Lake Elmo provides water to nearly 4,000 residents through 1,300 metered connections, (2017 numbers as reported to MN-DNR). With just over 1,300-metered connections, it has been discovered that approximately 108 water meters have failed and are not recording reads that are required to create accurate quarterly billing. These accounts and quarterly water usage bills are estimated and not accurate. Many of the accounts with malfunctioning meters have been estimated for years, if not decades. In an attempt to acquire reads from malfunctioning meters Finance and Public Works have created a reading route that requires staff to enter inside residential and commercial properties to obtain meter readings manually. Implications from estimated water consumption for a large amount of meters results in improper billing and inaccurate reporting to MN-DNR for annual water usage, which could result in loss of revenue and fines levied to the city. ISSUE BEFORE COUNCIL: Based on the recommendation of the Finance Committee, should the City Council approve the purchase of 108 water meters and recommend hiring of an independent contractor to conduct replacement of failed water meters? PROPOSAL DETAILS/ANALYSIS: If approved by City Council, a licensed and insured independent contractor would be hired by the city to change out up to 108 water meters that exist in the city’s distribution system. Some of these meters are larger volume users with meters over 1” in size. The hired contractor would be responsible for scheduling, replacement and providing data of the new meters. All of the new meters would be purchased and inventoried by the city, with failed meters being returned to the city. New meters purchased will also be compatible with the city’s current radio read system. By hiring and utilizing, an independent contractor to conduct this meter change out it is achievable to complete the replacement of the failed meters prior to 4th Quarter 2018 utility billing. An undertaking of this size, is not practical with the current staff size and work load of the Public Works and Finance/Utility Billing Departments of the city. This will also help simplify the overall utility billing process and produce more accurate numbers required for billing and annual reporting. FISCAL IMPACT: $43,000 meters (Included in the 2018 Water Utility Budget) $9,000 contractor Total $ 52,000 (not to exceed) In 2017, as part of the 2018 CIP, $47,000 was approved to purchase meters needed to complete change out of failed and old meters citywide. Contractor cost would be charged and split between both Water and Sewer Utility Budgets. OPTIONS: • Approve purchase of meters and contracting out replacement. • Deny purchase of meters and contracting out replacement. • Table for further discussion. RECOMMENDATION: “Motion to recommend the purchase of 108 water meters and authorize hiring of HydroCorp Inc. to conduct scheduling and replacement of new water meters.” ATTACHMENTS: • HydroCorp Inc. Quote • Midwest Testing Quote • Core and Main – Meter pricing CROSS-CONNECTION CONTROL / BACKFLOW PREVENTION WATER SYSTEM SURVEYS / AUDITS PIPE SYSTEM MAPPING AND LABELING WATER SAMPLING AND ANALYSIS / RISK ASSESSMENTS PROGRAM AND PROJECT MANAGEMENT COMPLIANCE ASSISTANCE / DOCUMENTATION KEEPING DRINKING WATER SAFE FOR INDUSTRIES AND MUNICIPALITIES WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 1 Table of Contents 1. PROJECT WORK PLAN ..................................................................................................................................... 2 1.1. Goals Of The Water Meter Replacement Process........................................................................ 2 2. WATER CUSTOMER CARE AND ADMINISTRATION PROCESS ............................................................ 2 2.1. Template Notices .................................................................................................................................... 2 2.2. Online Appointment Website ............................................................................................................. 2 2.3. Live Digital Records and Database – City Can Print When Necessary ................................... 2 3. SCOPE OF WORK .............................................................................................................................................. 4 4. CONTRACT PRICING ........................................................................................................................................ 5 5. BACKGROUND ................................................................................................................................................... 6 5.1. The HydroCorp Promise ........................................................................................................................ 6 5.2. Company Overview ................................................................................................................................ 6 5.3. Office Address & Contact Information ............................................................................................ 7 6. PERSONNEL ........................................................................................................................................................ 8 7. REFERENCES –COMMERCIAL AND INDUSTRIAL PROGRAM CLIENTS .......................................... 10 8. LETTERS OF REFERENCE – EXHIBIT A ...................................................................................................... 11 WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 2 1. PROJECT WORK PLAN 1.1. Goals of The Water Meter Replacement Process  Cost effectively replace residential water meters for the City of Lake Elmo.  Provide quality water customer care throughout the project.  Create an accurate record of each meter replaced and new meter installed. 2. WATER CUSTOMER CARE AND ADMINISTRATION PROCESS 2.1. Template Notices HydroCorp provides effective notification letters templates to the City for notification to home owners. Standard notice letter includes a simple website address to and toll-free phone number for meter replacement appointments. After the City sends out the postal notices to selected water customers, owners can use either online or phone method to set their specific time and day of meter replacement. 2.2. Online Appointment Website HydroCorp coordinates water customer appointments via a secure third-party software platform which allows water customers to make their own appointment dates and times. HydroCorp also secures appointments when water customers call our toll-free appointment number and speaks with one of our full-time program administrators for appointment confirmation. Example on page 3. 2.3. Live Digital Records and Database – City Can Print When Necessary HydroCorp utilizes Tablet Computer Systems during the meter replacement process. The Meter Technician documents all necessary existing meter details and new meter details into a digital record for each meter replaced. Digital images of each existing in place meter and new replacement meter are included within each meter record. A securely stored database is created during the entire replacement process and provided at end of project in Microsoft Excel format. WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 3 Example of Online Water Customer Appointment Portal: WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 4 3. SCOPE OF WORK HydroCorp to provide the following services: A. Provide postal notification to inform selected residential water customers of required meter replacement during a specific date range specified in the letter. City shall assist in residence access if no response to appointment is made after two attempts by HydroCorp. C. Devise and host a dedicated website page for setting appointments with water customers at specific intervals during normal business hours. Water customers will have access to schedule their own appointments via a free and secure appointment website system. Website link to be presented on postal notices and City of Lake Elmo website. Example: http://www.hydrocorpinc.com/hudson/ D. Provide full--‐time Toll Free 800 number phone support for customer questions and appointment Requests by HydroCorp Administration Staff. Direct phone contact to HydroCorp staff will be available 8:30AM–5PM, five days per week excluding holidays. E. HydroCorp reserves the right to determine safe operating condition of water shut off control valves prior to performing any meter replacement work. Curb stop shutoff by Utility Staff may be an option if available at a mutually agreed time between Water Utility Technician, HydroCorp Technician and Homeowner. Control valves appearing to be in questionable condition or potentially leaking/prone to failure will be required to be replaced or repaired at the cost of building owner prior to any meter upgrade work being performed by HydroCorp. F. Document in electronic format; relevant identification numbers and meter readings of each existing and new meter installed by HydroCorp. G. Electronic documentation format will be in electronic for each meter replaced. H. Retrieve all new meters, wiring materials, fittings and gaskets as provided by the City on a daily basis during normal working hours. Any additional materials necessary for replacements will be an additional fee. New meters will be available in a designated area at the water meter shop. I. Install new water meter, associated fittings and gaskets as provided by the City. Cancelled appointments will result in additional $85 per cancellation. Additional $85 will apply when water customer reschedules and meter is replaced. J. HydroCorp Technician shall verify activation of each meter installed, re-establish water supply and verify full water pressure at nearest tap for 30 seconds. K. Reported leaks at meter junction or service control valve within 24 hours (Monday–Friday) after meter replacement will be addressed within a 24-hour period of notification to HydroCorp. L. Deliver removed (old) meters and transmitters to a designated area of the water meter shop on a daily basis. City to provide all necessary equipment for signal test and activation of Sensus Meter. WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 5 4. CONTRACT PRICING Existing Meters to be replaced Unit Price: Total Price Qty. 183 ¾” Residential Meters – Sensus …..………………………………….. $80.00……………………..$14,640.00 1 1” Non-Residential Meter – Sensus …..………………………………$92.00………………………….…$92.00 11 1 ½” Non-Residential Meter – Sensus …..……………………….. $129.00…………………….…$1,419.00 5 2” Non-Residential Meter – Sensus …..………………………..…. $230.00…………………….…$1,150.00 Total Project Price $17,301.00 Signature of Person Submitting Proposal: Gary McLaren ______________________________ Company/Title: Regional Sales Manager, Minnesota Office HydroCorp Date: June 19th, 2018 Submitted by: HydroCorp – Minnesota Regional Office| 8530 Eagle Point Blvd., Suite 100 | Lake Elmo, MN 55402 Gary McLaren | 262-951-0059 |gmclaren@hydrocorpinc.com Accepted by: X _______________ City Representative (Signature) Date Print Name:_____________________________________________________________ WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 6 5. BACKGROUND 5.1. The HydroCorp Promise HydroCorp is the Safe Water Authority.™ It is our duty to provide the most precise and comprehensive technical services in the industry. It also means delivering those services with expert knowledge, professionalism, and sensitivity to budgets and schedules – the highest standard of water safety oversight, combined with the highest value. The Result – Your water system is compliant. Your risk and exposure are reduced. Your water – and your people – are protected. 5.2. Company Overview  Founded in 1983 and incorporated in 1988.  The firm has grown from two employees to a staff of over 40 full time associates in multiple states. Average tenure with the company is 7 years and employee turnover is less than 10%.  HydroCorp Conducts over 25,000 on site, Cross-Connection Control Inspections annually.  HydroCorp provided Cross-Connection Control Program Management Services to over 240 communities in several states including: Michigan, Wisconsin, Delaware, Maryland, Virginia, Florida and Minnesota. We still have our first customer!  Our highly trained staff works in an efficient manner in order to achieve maximum productivity and keep program costs affordable. We have a detailed system and process that each of our field inspectors follow in order to meet productivity and quality assurance goals.  Our municipal inspection team is committed to providing outstanding customer service to the water users in each of the communities we serve. We teach and train customer service skills in addition to the technical skills since our team members act as representatives of the community that we service.  Our municipal inspection team has attended training classes and received certification from the following recognized Cross Connection Control Programs: UF TREEO, UW-Madison, USC – Foundation for Cross Connection Control and Hydraulic Research, American Backflow Prevention Association (ABPA), and American Society for Sanitary Engineering (ASSE). We invest heavily in internal and external training with our team members to ensure that each Field Service and Administrative team member has the skills and abilities to meet the needs of our clients.  Our administrative staff can answer most technical calls related to the cross-connection control program and have attended basic cross-connection control training classes.  HydroCorp staff and company are active members in many water industry associations including: o American Water Works Association (AWWA) | AWWA – Wisconsin Chapter o National Rural Water Association (NRWA) | Wisconsin Rural Water Association o American Public Works Association (APWA)  HydroCorp is not a Plumbing Company and does not utilize existing staff to perform backflow prevention assembly testing, repair or plumbing related services. WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 7 5.3. Office Address & Contact Information Regional Office: HydroCorp – Minnesota Office 8530 Eagle Point Blvd., Suite 100 Lake Elmo, MN MN Office (Above) Corporate Office (Below) Contact: Gary McLaren Telephone: 800.315.4305 Emergency: 262.951.0059 Email: gmclaren@hydrocorpinc.com Corporate Office: (Remit to Address) HydroCorp – Corporate Office 5700 Crooks Rd., Ste. 100 Troy, MI 48098 Telephone: 800.690.6651 or 248.250.5000 Legal Status: S-Corporation, 1988 | E.I.D. 38- 2810008 WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 8 6. PERSONNEL DAVE CARDINAL | Vice President, Operations, Municipal Division Dave has over twenty years’ experience as a water professional and has a successful record of accomplishments in the cross-connection control industry. Experienced in program development, project management, developing and conducting employee education and training programs, developing and instructing State certified education and training classes, quality assurance, customer service, and client satisfaction. Experience, Training, Certifications: •American Backflow Prevention Association (ABPA), MI Chapter, Vice President •American Society of Sanitary Engineering (ASSE) Series 5000 Proctor •American Society of Sanitary Engineering (ASSE) Standard #5110 Certified Backflow Prevention Assembly Tester – Certification #26905 •Michigan Certified Backflow Prevention Assembly Tester Certification – 2010, Certification #MPMCA- 26905 •Dale Carnegie – Management Training for Managers 2005 •University of Florida – TREEO Center Cross-Connection Program Management Certification •University of Southern California Foundation for Cross-Connection Control and Hydraulic Research – Backflow Prevention Assembly Tester, 1997 Scott Mitchell | Operations Manager, Midwest Region - Municipal Division Scott has been a member of the HydroCorp team since 2012. Previously, he held numerous positions with West Bend Water Utility since 1986 including Plant Operator, Computer Control Supervisor, Water Superintendent and acting Water Manager. He currently oversees operational and administrative services for cross-connection control and water meter installation programs in the HydroCorp Midwest Region. Scott has had extensive training in computer science at Moraine Park Technical College in Fond du Lac, WI and has experience in PLC programming and controls systems. In addition, Scott holds the following certifications: •WI DNR Operators Certificate – Grade 1, #21756 •WI Cross Connection Control Tester License – #1408089 •ASSE 5120 Cross Connection Control Surveyor Certification – 3056 WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 9 TYLER YANG |Project Manager, Water Meter Installation, Municipal Division Tyler manages a team of three water meter installers and oversees all water meter installation projects throughout the company. He has completed over 10,000 water meter installations of various meter manufacturers (Neptune, Kamstrup, Sensus) and previously was the lead meter installer overseeing a crew of 10 for a one of nation's leading waterworks suppliers. Tyler takes great pride in his work and enjoys interacting with homeowners and answering any questions they may have during the change-out process. He also performs Cross-Connection Control inspections to ensure hazardous connections to drinking water supplies are eliminated. •ASSE #5120 Certified Cross Connection Control Surveyor •Associate’s degree in Law Enforcement from Rasmussen College in Brooklyn Park, MN Program Administration and Water Customer Care Team Ryan Hensley Program Administration Manager 800.690.6651 ext. 5026 Nancy Essers Water Customer Appointments 800.315.4305 Sandy Redlin Program Administrator 800.690.6651 ext. 5034 WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 10 7. REFERENCES –COMMERCIAL AND INDUSTRIAL PROGRAM CLIENTS a) City of La Crosse – Cross Connection Program & Meter Replacement Appointments 400 La Crosse St, La Crosse, WI 54601 Mark Johnson, Water Utility Manager, johnsonm@cityoflacrosse.org | 608.789.7536 b) City of Hudson Water Utility – Meter Replacement Program 505 Third St. Hudson, WI 54106 Kip Peters, Manager kpeters@ci.hudson.wi.us |715.386.4760 c) City of Prescott – Meter Replacement Program 800 Borner St. Prescott, MN 54021 Hank Zwart, Superintendent, hzwart@prescottcity.org | 715.262.5544 d) City of Glendale- Meter Replacement Program 5909 North Milwaukee River Parkway Glendale, WI 53209 Shawn Lanser, Finance Director, S.Lanser@glendale-wi.org | 414.228.1700 e) City of Niagara, WI - Meter Replacement Program and Cross- Connection Program 1029 Roosevelt Road Niagara, WI 54151 Ron Rugg, DPW Director lwierschke@cityofniagara.org | 715.251.3235 f) HydroCorp maintains multi-year contracts for municipal Cross-Connection Program and Potable Water Services for an additional 135 public water systems in Wisconsin. Municipal contracts are also maintained with clients in MI, DE, MD, VA, FL and MN. Complete list available upon request. g) HydroCorp Industrial Clients for Cross-Connection Surveying and Water Quality Compliance Services include Ford Motor Company, Fiat Chrysler Automobiles (FCA), General Motors, Honeywell. HydroCorp has conducted Cross-Connection Surveys in Wisconsin for multiple NuPage Paper Mills, Land O Lakes Dairy Plants, Del Monte Food Processing, American Foods Meat Processing and 3M Manufacturing. WATER METER REPLACEMENT PROPOSAL | City of Lake Elmo 5.19.2018 | hydrocorpinc.com Page 11 8. LETTERS OF REFERENCE – EXHIBIT A Estimate Date 6/27/2018 Estimate # 598 Name / Address City of Lake Elmo 3800 Laverne Ave. No. Lake Elmo, MN 55042 Midwest Testing LLC. 2091 Sorensons Rd. Mora, MN 55051 Project Total Subtotal Sales Tax (0.0%) Description Qty Rate Total Quote- Water Meter Installation Project R&R of 5/8" to 1" water meter 1 67.00 67.00 R&R of 1 1/2" water meter 1 180.00 180.00 R&R of 2" water meter 1 225.00 225.00 Wire to outside of house if needed 1 25.00 25.00 Mobilization 1 1,500.00 1,500.00 Midwest Testing to supply : labor, tools, call center, hand helds for programming and an electronic file. Lake Elmo to supply : All water meters, radio's, gaskets, wire, hardware for 1 1/2" and larger meters, curb stops if needed and send out notices. Midwest Testing will not be installing any valves or replumbing if needed at the homes or businesses. $1,997.00 $1,997.00 $0.00 Qty Unit Price Total 1 128.00$ 1 198.00$ 1 850.00$ 1 1,220.00$ 1 995.00$ 1 1,390.00$ 1 119.00$ 1 8.75$ 1 14.50$ Pair 30.00$ Pair 30.00$ Total Meter Couplers and Flanges 3/4" Meter Coupler 1"x Meter Coupler 1.5" Meter Flange Kit (2 flanges-gaskets-bolts) 2" OMNI T2 Water Meter (Turbo) 2" OMNI C2 Water Meter (Compound) corey.luft@coreandmain.com Pricing Good thru 12/31/2018 Date: 6/18/2018 Description Radios 2" Meter Flange Kit (2 flanges-gaskets-bolts) 510M Single Port 3 Wire SmartPoint 3/4"S iPERL Water Meter ( 7.5" lay length) 1" iPERL Water Meter 1.5" OMNI T2 Water Meter (Turbo) 1.5" OMNI C2 Water Meter (Compound) Corey LuftCustomer: City of Lake Elmo Location: Lake Elmo, MN 612-270-3148 Meters