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HomeMy WebLinkAbout8-8-18 packet items 13, 14, 15, 18, 19STAFF REPORT DATE: August 8, 2018 REGULAR #13 TO: City Council FROM: Sue Iverson – Finance Director AGENDA ITEM: Presentation & Acceptance of the 2017 Comprehensive Annual Financial Report (CAFR) REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: Annually, the City engages the services of an independent outside audit firm to audit and assist with the preparation of the financial statements. The auditors are asked to assure that the financial statements are free from material misstatement in accordance with U.S. Generally Accepted Accounting Principles (GAAP). The firm also performs testing and makes inquiries to help ensure that proper internal controls are in place. This is the fifth year that the City of Lake Elmo has presented the report in the Comprehensive Annual Financial Report (CAFR) layout. As such, the City has retained the services of Smith Schafer & Associates, Ltd., to perform the City of Lake Elmo’s audit for 2017. The 2017 Comprehensive Annual Financial Report and Management Report will be presented to the City Council by Mr. Jason Miller – Principal, from Smith Schafer and Associates, Ltd. with the opportunity to ask questions of both Mr. Miller and City Staff. An overview summary of the 2017 CAFR and results were presented to the Finance Committee on July 17, 2017. Copies of the report were provided to the Finance Committee and it was unanimously agreed to recommend that the report be presented to the City Council. ISSUE BEFORE THE CITY COUNCIL: 1) Does the City Council have any questions regarding the 2017 CAFR? DISCUSSION: Mr. Jason Miller – Principal, from Smith Schafer and Associates, Ltd., will present information regarding the 2017 Audit, answer any questions the City Council may have, with staff also present to answer any questions pertaining to the 2017 Audit and the 2017 CAFR. The City received an Unmodified audit opinion, meaning the Financial Statements are fairly stated in all material respects. No exceptions were noted during the audit for Minnesota Legal Compliance. The City’s Net Position increased by $4,347,094 during 2017, this includes assets and infrastructure less outstanding debt obligations. The governmental funds reported a combined ending fund balances of $8,259,817 which is an increase of $36,063 from 2016. The unassigned general fund balance of $3,499,133 is 81% of 2017 expenditures. FISCAL IMPACT: Overall sound policies, fiscal management, effective operational, capital, and long range planning are all integral parts of City business leading up to the audit and completion of the CAFR. As such, continued investment in the aforementioned items will help position the City to continue to provide quality, efficient, timely and cost effective services to the constituents of the community. RECOMMENDATION: 1) No formal recommendation is required, but the City Council at its discretion may accept the results of the 2017 Audit and 2017 CAFR. ATTACHMENTS: 1) 2017 Comprehensive Annual Financial Report STAFF REPORT DATE: 8/8/2018 REGULAR ITEM #: 14 MOTION TO: City Council FROM: Rob Weldon, Public Works Director AGENDA ITEM: Well #2 Generator Purchase and Hydrant and Valve Installation at Tower #1 REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: Due to the presence of PFC’s in Lake Elmo Municipal Well #1 in exceedance of the Department of Health’s minimum acceptable level it was decided to discontinue use of Well #1 to protect the health of Lake Elmo water consumers. In doing so, the city is now relaying on two municipal wells to supply water to its current and growing number of users. With only two wells in operation it is crucial that reliable emergency power is available and onsite at both well locations to provide power in the event of a service outage. Well #4 located near the intersection of Lake Elmo Ave and 50th St N has a permanent emergency generator onsite powered by natural gas to operate the well during a power outage. Well #2 located south of Hwy 36 and Manning Ave N does not have a permeant source of emergency power and relies on a portable diesel powered generator that also serves to provide emergency power to sewer lift stations during power outages. Along with the shutdown of Well #1 came the discontinued use of Water Tower #1 do to inadequate and old valve configuration of the existing water main system. In order to bring Tower #1 back on-line and increase system storage capacity installation of a fire hydrant and gate valves need to be completed to further isolate Well #1 and keep the tower in service. ISSUE BEFORE COUNCIL: Does the City Council approve the purchase of a permanent emergency generator for Well #2 and the installation of a hydrant and gate valves at Water Tower #1? PROPOSAL DETAILS/ANALYSIS: With the addition of a permeant natural gas powered generator at Well #2 water production and delivery will not be effected during times of power outages. Delivery of water from the remaining two municipal wells is crucial with the discontinued use of Well #1 due to elevated PFC levels. The current portable generator used at Well #2 is also used to provide back-up power at sewage lift stations and does not comply with Department of Health and wellhead protection standards due the diesel powered engine in such close proximity to the wellhead. The new proposed Well #2 generator will be equipped with an automatic transfer switch that recognizes a power outage and immediately calls for the generator to run. With the current portable generator being used at Well #2 Public Works staff needs to respond and physically hook-up and start the generator in order to provide power for the well to operate. In addition to adding generator at Well #2, it has been found that without Well #1 in operation Water Tower #1 cannot be used due to existing water main valve configuration of the Old Village water system. By adding two gate valves and a hydrant in the area of Tower #1 flexibility will be gained to completely isolate Well #1 from the water distribution system while allowing Tower #1 to again be used for water storage in the Old Village area of the city. City Council Meeting August 8, 2018 Regular Agenda item #13 Page 2 The topics described above have been discussed at length by city staff and representatives of Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and Minnesota Department of Health. Through these meetings staff has discussed the urgency of these needed additions in order to offer an uninterrupted water supply to consumers. Support has been gained from each of these agencies to move forward with these additions and reimbursement of associated costs. FISCAL IMPACT: Initial cost for both projects will be the responsibility of the city with reimbursement coming from the Minnesota Pollution Control Agency upon project completion. Initial cost will be covered by the Water Fund with the financial impact as follows: • Generator $41,259 • Valves and Hydrant $24,950 OPTIONS: • Approve purchase of generator and installation of valves and hydrant • Deny purchase of generator and installation of valves and hydrant • Amend and approve purchase generator and installation of valves and hydrant RECOMMENDATION: “ Motion to approve the purchase of generator through Midwest Electric and Generator and installation of hydrant and gate valves by Capra’s Utilities for an amount not to exceed $68,000 with full reimbursement provided by Minnesota Pollution Control Agency.” ATTACHMENTS: • Generator quotes • Hydrant and Valve Installation quotes City Council Meeting August 8, 2018 Regular Agenda item #13 Page 3 ESTIMATE Services am ount Midwest Generator Sales - Midwest Generator Sales $41,259.00 Gener ator Installation Pr oject 1-80kW Generac Industrial Power System s Generator 277/480V - 3 Phase 8.0L Natural Gas 1800 RPM 1-200A SER automatic transfer switch, with installation 2 year warranty Installation of generator system: Gener ator to be installed within 15' of existing electr ical m eter socket location at well house Install NG system for generator system, including gas m eter upgrade 1-Crane work for setting of generator 1-Install concrete pad for generator system 1-Set generator pad on site 1-Provide generator battery 1-Provide cold weather kit, coolant circulator , battery heater, and thermostat 1-Electrical permit 1-Electrical review 1-M echanical review 1-Complete electr ical work, branch circuits and gener ator feeders Midwest Electric and Generator, Inc City Of Lake Elm o 3445 Ideal Ave N Lake Elm o, MN 55042 (651) 747-3941 r weldon@lakeelmo.org C ONTACT US P.O. Box 293 Roger s, M N 55374 (612) 284-1550 john@midwestgenerators.com ESTIMATE SCH ED U LED DATE #188692 Thu May 3, 2018 10:00am TOTAL Generac Industrial Generator System Midw est Electric and Generator, Inc www.Mid westGene rators.com 1 of 4 1-Re-configur e of electr ical work for em ergency generator source 1-Install new piping from NG m eter to generator location, including upgraded r egulator s 1-Factory required testing, generator r egistration, dealer check out, and custom er training Services am ount Midwest Generator Sales - Midwest Generator Sales $44,680.00 Gener ator Installation Pr oject 1-80kW Kohler Power Systems Generator 277/480V - 3 Phase 8.0L Natural Gas 1800 RPM 1-200A SER automatic transfer switch, with installation 2 year warranty Installation of generator system: Gener ator to be installed within 15' of existing electr ical m eter socket location at well house Install NG system for generator system, including gas m eter upgrade 1-Crane work for setting of generator 1-Install concrete pad for generator system 1-Set generator pad on site 1-Provide generator battery 1-Provide cold weather kit, coolant circulator , battery heater, and thermostat 1-Electrical permit 1-Electrical review 1-M echanical review 1-Complete electr ical work, branch circuits and gener ator feeders 1-Re-configur e of electr ical work for em ergency generator source 1-Install new piping from NG m eter to generator location, including upgraded r egulator s 1-Factory required testing, generator r egistration, dealer check out, and custom er training Notes: Offloading and rigging by Midwest Installation Included Start-up and T esting Service is included Load Bank testing is not included Permits are included T otal $41,259.00 Kohler Industrial Generator System Midw est Electric and Generator, Inc www.Mid westGene rators.com 2 of 4 Midwest does not pr ovide structural engineering, roof consulting, or architectur al services, and this proposal and Contract shall not be construed as contr acting to provide any such pr ofessional services. Contr actor assumes no responsibility for design, structural adequacy, or com pliance of the structur e with building codes. If design services are requir ed, Midwest shall not be responsible for the r esults of such ser vices, whether or not such services are provided in relation to this. If structural engineering is required, fees to be paid by others, and are additional to this proposal PAYMENT : $28,000.00 DUE AT ORDERING REM AINDER DUE BEF ORE ST ART UP OF GENERAT OR : No r etainage without written pr e-accepted agreement : Startup will not be completed without 100% payment : A 3% surcharge will be added to all credit card payments PRICES : Valid for 30 days from date of this proposal T AXES : Sales T axes are NOT included, and will be billed without a tax-exem pt certificate F .O.B.Shipping : Owner ship of goods passes to buyer at the time the goods cr oss the shipping point. Pre-paid freight to jobsite is included. CANCELLAT ION : Shall be subject to applicable fees but not less than 50% of the purchase price. DELIVERY : Expected to be 4-8 Weeks after receipt of order and appr oved submittals. F actory will confirm delivery at the tim e of order. Storage fees of 4% per month will be assessed to the buyer star ting 10 days after the scheduled ship date. INDEM NIF ICAT ION : Signee is obligated for any and all costs of collection, and associated fees PROPRIET ARY : T his Quote/Bill of Material is proprietary to Midwest Electr ic and Generator Reproduction or shar ing of this Quote/Bill of Mater ial is strictly prohibited. T otal $44,680.00 T hank you again for the oppor tunity to provide you with a proposal for your pr oject. Please do not hesitate to reach out to us with questions or to book services. We work hard to offer you Best-In-Class for your pr oject, and can also offer som e attractive financing options, such as 6 month to 36 month interest free terms depending on your pr oject. Our technicians are com petent, licensed, and highly skilled in their profession, and will leave you confident in your decision. Midwest Electric and Generator is the only Power Pro Prem ier dealer in the 5 state area, a designation m eaning we meet the m ost stringent set of requirem ents ensur ing custom ers receive an outstanding sales and service exper ience when purchasing. We em ploy expert staff, including electricians, plumbers, mechanics, and pr oject managers, consistently receiving high reviews from our customer base. Midw est Electric and Generator, Inc www.Mid westGene rators.com 3 of 4 T hank you again for the oppor tunity to earn your business. Midw est Electric and Generator, Inc www.Mid westGene rators.com 4 of 4 Pioneer Critical Power • 9210 Wyoming Ave N• Minneapolis, MN 55445• Phone (952) 314-7290 May 11, 2018 Quote Number: 31288 TO: Rob Weldon Lake Elmo Phone: 651-747-3941 3445 Ideal Ave. N Fax: Lake Elmo, MN 55042 Email: rweldon@lakeelmo.org  GENERATOR PROPOSAL (Project: Lake Elmo Well) I appreciate the opportunity to provide the following quotation for your consideration. Equipment  TAYLOR Model TG150: Engine Driven Generator Set Rated: 150 Kw on Natural Gas, EPA Stationary Standby, 277/480 Volt, 3 Phase, 60 Hz Unit Features: ► PSI Engine • Model - 8.8L TCAC NG or LP • Heavy Duty Air Cleaner w/Service Indicator • 50 C Ambient Radiator • Electronic Isochronous Governor with 0.5% Frequency Regulation ► Stamford Alternator • Model - UCI274G311 • Brushless Rotating Field Generator with Class H Insulation • 1.0% AVR, PMG • Tropical Coating ► Circuit Breaker • 225 Amp, T3 Frame, 100% Rated, Thermal Magnetic Trip, Main Line Circuit Breaker ► TAYLOR DGC2020 Control Panel Taylor Power Systems DGC-2020 digital genset controller provides integrated engine- genset control, protection, and metering in a single package. Microprocessor based technology allows for exact measurement, setpoint adjustment, and timing functions. Front panel controls and indicators enable quick and simple DGC-2020 operation. A wide temperature-range liquid crystal display (LCD) with backlighting can be viewed under a wide range of ambient light and temperature conditions. Taylor Power Systems also supplies a manual key override by-pass switch that allows you to start the generator manually in the event of control systems failure. Pioneer Critical Power • 9210 Wyoming Ave N• Minneapolis, MN 55445• Phone (952) 314-7290 Page-2 ► Heavy Duty Integral Vibration Isolators between Engine/Alternator and Base ► 1 1/4" NPT Inlet Connection ► Oil Drain Kit (Oil Drain Piped to Edge of Skid w/Valve) ► Coolant Drain Kit ► Lube Oil & Antifreeze (Initial Fill) ► Battery Rack & Cables ► Wide Skid Base ► Flex Exhaust ► 120V, 1500W Block Heater ► Battery Charger: Marinco (6Amp/12Volt) ► 12V Lead Acid Battery, 950CCA ► Sound Attenuated Weather Galvanneal Enclosure w/Internal Critical Silencer. 1" UL-94 Sound Attenuating Foam • Heavy Duty 14 Ga. Galvanneal Steel • Peaked Roof • Bolted Construction • Lockable Doors • Stainless Steel Hardware • Powder Coat Finish Misc: ► One Hour Factory Load Bank Test ► Standard 2 Year Standby Limited Warranty ► (1) Electronic O&M Manual ► Certified to UL2200 ► Freight ► Start Up ► Regulator, Gas ASCO Series 300 Automatic Transfer Switch(es): ► Service Entrance Rated Open Transition, 225 Amp, 4 Pole, Solid Neutral, NEMA 1, with Programmable Exerciser Pioneer Critical Power • 9210 Wyoming Ave N• Minneapolis, MN 55445• Phone (952) 314-7290 Page-3 Installation: Scope of Work: Install a 150kw Taylor generator set provided by others a. provide and install a 1 0" thick reinforced concrete pad b. receive generator at riggers yard and have unit delivered to site and set c. Install natural gas line to unit and connect. Regulator (fbo) d. remove existing manual transfer switch and install new 225 amp automatic transfer switch (fbo) e. Install engine block heater circuit and circuit for enclosure light and gfci receptacle f. Install a 225 amp feeder from generator to auto transfer switch g. reconnect to existing motor control center h. startup assistance Exclusions and Assumptions: 1. All work to be accomplished at regular working hours. 2. We would expect an 8 hour outage to install the auto transfer switch and reconnect power to the well. 3. We have not included any landscape restoration at this time, grade will be brought back for top soil and seed or sod. Net Unit Price..................................................$ 6,1760.00 ADDER Alternate Add Price $7,284.00 Install new manual transfer switch (fbo) for connection to existing roll up generator. +$895.00 Upgrade to 5 year warranty +$1,829.00 for Generator monitoring installation and 12 month monitoring. Note Old Transfer switch cannot be used for new application due to design of MTS. A Separate Transfer switch will be required for this An ASCO 3 NTS would be used. Pioneer Critical Power • 9210 Wyoming Ave N• Minneapolis, MN 55445• Phone (952) 314-7290 Page-4 Terms & Conditions PRICES Quoted prices valid for 30 days. DELIVERY Lead time for equipment made to specification varies and will be Confirmed when buyer’s order is placed with the manufacturer. INCLUSIONS Start-up and Testing is included unless otherwise indicated. (To be completed in single trip unless previously stated) EXCLUSIONS Sales Tax – Applicable sales taxes are NOT included in our quotation and will be billed without a valid tax exempt certificate on file on the invoice date. Offloading & Rigging is NOT included in our quotation. Installation is NOT included in our quotation. Permits are NOT included in our quotation. Fuel Fill is NOT included in our quotation. Load Bank Testing is NOT included in our quotation unless specifically indicated. Freight – quoted prices exclude freight jobsite unless noted. CANCELLATION Orders for equipment made to specifications are NOT alterable or cancelable once placed with the manufacturer. Stocked goods accepted for return will be subject to a 20% restocking fee. PROPRIETY Seller’s quotation is proprietary in its entirety and may not be shared with anyone outside of the firm to whom it is provided without Pioneer Critical Power’s express permission. BILLING Fulfillment Billing – Title for equipment made to specifications passes to buyer when shipped from the manufacturer at which point buyer will be billed for 90% if start-up is included in the purchase contract, or 100% if start-up is to be provided by others. Start- up will not be scheduled before receipt of payment in full of the Fulfillment Billing. Final Billing – If start-up is included in the purchase contract, any remainder will be billed once start-up has been successfully completed. Change Orders – Any changes or additions to the purchase contract must be agreed to in writing by buyer and seller and will be billed as products are provided or services rendered. PAYMENT Upon approved credit, Invoices are due the earlier of Net 30 Days from invoice date or when scheduling of start-up is requested. Please remit payment to Titan Energy Systems Inc. dba Pioneer Critical Power, P.O. Box 71490, Chicago, IL 60694-1490. Major credit cards accepted with a 3% service charge. COLLECTION Buyer agrees to indemnify seller against any and all costs of collection, including reasonable attorney’s fees. Pioneer Critical Power • 9210 Wyoming Ave N• Minneapolis, MN 55445• Phone (952) 314-7290 Page-5 Sincerely, Eddie Zachary Pioneer Critical Power Acceptance of Quote Prior to ordering equipment or services, please sign and return as a confirmation of the above terms and conditions. Proposal accepted by:___________________________Date:______________ Company Name:_______________________ Purchase Order #______________________ Release Equipment for Production: Yes or No, Hold for Approval Engineering Submittal's: PDF or Hard Copies _________ Date equipment is needed onsite: _________ Is ATS wanted early: Yes or No Quote Number: 31288 TG150 With Installation Capra's Utilities Inc. 2340 Leibel Street White Bear Lake, MN 55110 (651)762-2500 mike@capras.com www.capras.com PROPOSAL ADDRESS Lake Elmo 3803 Laverne Ave Lake Elmo, MN 55042 PROPOSAL #5474 DATE 04/25/2018 EXPIRATION DATE 10/15/2018 DESCRIPTION AMOUNT Services We will provide and install 2 new 8" gate valves on the main line that exits the tower at 3303 Langley Ct. 24,950.00 We will provide and install a 8x8x6 tee for a new fire hydrant. We will provide and install a new hydrant and gate valve for the hydrant. The hydrant will be located on the opposite side of the road from the water tower. We will cut and patch the road as needed. We will back fill and level our excavation upon completion. We will provide and install pulverized black dirt, seed and straw upon completion. 1 1/2% per month charge on accounts over 30 days. All agreements contingent upon strike, accident or delays beyond our control. Any frost, ground water or rock excavation will be an extra charge. All private underground utilities are the responsibility of the Owner. Per Minnesota Statute 514.011: A lien will be filed if contract amount is not paid in full within 60 days of Invoice date. TOTAL $24,950.00 Accepted By Accepted Date 13135 Doyle Path East Rosemount, MN 55068 Phone: 651-480-1911 Fax: 651-480-1971 PRICING PROPOSAL June 1, 2018 PROJECT: Water Valves & Hydrnt @ “Old Water Tower” – Lk Elmo, MN QUOTE: Total Bid Total = $ 26,124.00 INCLUDES: o 2 each 8” valves and 1 hydrant  See attached list of materials included o Removal of Bituminous – 85 sy o Patching of Bituminous – 85 sy (3” bit & 8” Cl V) o Restoration of Turf w/ Lawn seed mix and erosion blanket EXCLUDES: Asbestos & Hazardous Material Removal, Rock Entrances, Bedding material for utilities, Electrical/ Gas/CCTV/Fiber Services or Rerouting, SAC & WAC Charges, Soil Correction, Shoring, Private Utilities Locates, Relocation/Removal/Replacement of Existing Public Utilities, Concrete, Landscaping, Plantings, Landscaping Relocations, Import or Export of Soils, Contaminated Soils, Surveying/Staking, Inspections, Insulation, Traffic Control, Buried Debris & Rock Removal or Disposal, Dewatering, Fencing/Temporary Fence, Hauling during road restrictions, Permits (City, State, NPDES, Etc.), Soil Testing, Bond (Add 1% for Bond), and Winter Conditions Thank you for the opportunity to submit a proposal on this project. This proposal is based on an assumed payment term of net 30 days and no retainage. This proposal is good for 10 days after its date. Please feel free to call with any questions. Respectfully, Brent M. Johnson Sr. Project Manager / Estimator – Dahn Construction Cell 651-302-4256 email: brent@dahnconstruction.com FERGUSON WATERWORKS #2518 1694 91ST AVE NE BLAINE, MN 55449-4311 Phone: 763-560-5200 Fax: 763-560-1799 Deliver To: From:Gary Danielson Comments: 14:27:22 MAY 31 2018 FERGUSON WATERWORKS #2516 Price Quotation Phone: 763-560-5200 Fax: 763-560-1799 Bid No:B104199 Bid Date:05/31/18 Quoted By:GMD Cust Phone:763-560-5200 Terms:NET 10TH PROX Customer:BLAINE FORMAL QUOTE 1694 91ST AVE NE BLAINE, MN 55449-4311 Ship To:BLAINE FORMAL QUOTE 1694 91ST AVE NE BLAINE, MN 55449-4311 Cust PO#:LAKE ELMO, MN.Job Name:WATER TOWER Page 1 of 2 Item Description Quantity Net Price UM Total . LAKE ELMO, MINNESOTA WATER TOWER ========================== . WATERMAIN ========================== . MJELTLAXU 8X6 MJ C153 EPOX TEE 1 EA SSLDEX8 8 DIP WDG REST GLND *ONELOK E-COAT 20 EA MJGAX 8 MJ GSKT 2 EA SSLDEX6 6 DIP WDG REST GLND *ONELOK E-COAT 1 EA MJGAU 6 MJ GSKT 1 EA CBTBNFN 3/4X3-1/2 CORE BLUE MJ T-BLT & NUT 18 EA . DI52SJPX 8 CL52 DI SJ PIPE 40 FT NPWLL20BSL 20X440 8 MIL PERF BLAC POLYWRAP 40 FT PSPWT210 2X100 10 MIL PIPE WRAP TAPE 1 EA . AFC2508MMLAOL 8 DI MJ RW OL GATE VLV L/A 2 EA A20059 8 VLV BX ADPT #6 WATEROUS 2 EA SVBGHD 3 PC STAR VLV BOX W/ BSE & LID 2 EA SSLDEX8 8 DIP WDG REST GLND *ONELOK E-COAT 4 EA MJGAX 8 MJ GSKT 4 EA CBTBNFN 3/4X3-1/2 CORE BLUE MJ T-BLT & NUT 24 EA . DI52SJPU 6 CL52 DI SJ PIPE 40 FT NPWLL20BSL 20X440 8 MIL PERF BLAC POLYWRAP 40 FT SUBTOTAL . W7286A2ZS WB67 HYD 7532/4STRZ 8'6 OL 16 RED.1 EA F804R 48 HYD MRKR RED.1 EA SSLDEX6 6 DIP WDG REST GLND *ONELOK E-COAT 1 EA MJGAU 6 MJ GSKT 1 EA CBTBNFN 3/4X3-1/2 CORE BLUE MJ T-BLT & NUT 6 EA CT2RFLPKG58 COBRA T2 TEST STN FLPKG 5/8 RED. *X 1 EA CANO12 10 MAG DRV IN ANO ROD 12 GA *X 1 EA Page 2 of 2 14:27:22 MAY 31 2018 FERGUSON WATERWORKS #2516 Price Quotation Fax: 763-560-1799 Reference No:B104199 Item Description Quantity Net Price UM Total SUBTOTAL . AFC2506MMLAOL 6 DI MJ RW OL GATE VLV L/A 1 EA A20086 6 VLV BX ADPT #6 WATEROUS/MUELLER 1 EA SVBGHD 3 PC STAR VLV BOX W/ BSE & LID 1 EA SSLDEX6 6 DIP WDG REST GLND *ONELOK E-COAT 2 EA MJGAU 6 MJ GSKT 2 EA CBTBNFN 3/4X3-1/2 CORE BLUE MJ T-BLT & NUT 12 EA . . . Quoted prices are based upon receipt of th total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS. ARE NOT FIRM UNLESS NOTED OTHERWISE. http://wolseleyna.com/terms_conditionsSale.html. LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Govt Buyers: All items are open market unless noted otherwise. STAFF REPORT DATE: 8/8/2018 REGULAR ITEM #: 15 MOTION TO: City Council FROM: Rob Weldon, Public Works Director 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: In an effort to decrease the financial impact of this project staff and council have contacted local organizations and field users to seek possible contributions. Also, staff reached out to the Minnesota Twins Foundation to explore the possibility of a partnership and funding to carry out the construction. To date, no additional sources for funding have materialized. 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: “Motion to 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 1 STAFF REPORT DATE: August 8, 2018 REGULAR ITEM #: 18 MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Home Occupation Ordinance REVIEWED BY: Emily Becker, Planning Director BACKGROUND: A home occupation ordinance was placed on the Planning Commission’s Work Plan for 2018. Standards for a home occupation are only provided through the definition of “Home Occupation,” and the Planning Commission had expressed there should be actual standards provided in the zoning code. Below is Lake Elmo’s Definition for a Home Occupation, as well as the language for home occupations signage which is also relevant. HOME OCCUPATION. Any gainful occupation or profession engaged in by the occupant, only, of a dwelling when carried on within a dwelling unit or in an accessory building, provided that no signs other than those normally utilized in a residential district are present, that no stock in trade over 1,000 cubic feet is stored on the premises, that no over-the-counter retail sales are involved unless ancillary to the permitted business, and that entrance to the home occupation is or can be gained from within the structure. Uses include professional office, hair salons serving no more than 2 customers at a time, or teaching limited to no more than 3 students at any time, and other uses which do not create a nuisance as outlined in Chapter 96 of this Code. A HOME OCCUPATION shall not be interpreted to include tourist homes, restaurants, disorderly house as defined by M.S. § 609.33, Sudb. 1, as it may be amended from time to time, or similar uses. No HOME OCCUPATION shall be permitted that creates the need for more than 3 parking spaces at any given time in addition to the parking spaces required by the occupants. HOME OCCUPATIONS shall not be carried on except between the hours of 7:00 a.m. and 10:00 p.m. Home Occupation Signs. Signs identifying only the name and occupation of the resident. Home occupation signs shall be non-illuminated, flush-mounted to a wall of the residence, and shall not exceed two (2) square feet in area. ISSUE BEFORE COUNCIL: Should Council adopt an ordinance adding standards for a home occupation ordinance? PROPOSAL DETAILS/ANALYSIS: The following explains important sections of the proposed ordinance: 2 Exterior Storage - It was common between communities not to allow outside storage associated with the home occupation. The drafted language does not allow for exterior storage. Little Canada - There shall be no external storage of equipment Stillwater - No outside storage or display of products, equipment or merchandise is permitted St. Paul - There shall be no exterior storage of equipment, supplies or commercial vehicles associated with the home occupation, nor parking of more than one (1) business car, pickup truck or small van, nor any additional vehicles except those for permitted employees identified under paragraph (d). Mounds View – Does not allow exterior storage Internal Space/Storage Requirements – Many communities attempt to limit the amount of space which a home business may occupy. Currently Lake Elmo limits stock in trade to 1,000 cu.ft. This helps to ensure that the principal residential use is maintained. Drafted language does not allow for stock in trade storage over 1,000 cubic feet (this was part of the existing home occupation definition) or interior alterations which would eliminate all the sleeping areas, bathrooms, or the kitchen(s). Ham Lake - All activates must be contained indoors and cannot occupy a significant portion of the dwelling. It must be incidental to the premises. Stillwater - Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less; Traffic and Nuisance – The traffic amount would be limited not to exceed three parked cars in association with the business. All parking for the business must be off-street. Standards also state that the use may not create a nuisance as defined by the nuisance chapter. No more than three parking spaces shall be allowed for the business. There shall be no demand for on-street parking. Ham Lake - No on-street parking shall be generated and traffic cannot exceed what is normally generated Stillwater - Off-street parking must be provided for any customers Location of Home Business – Some communities limit the operation to just the principal structure. Staff does not see an immediate issue with allowing business to be conducted out of a garage or accessory building. Employees – It was common to see a limit on the number of employees who were not permanent occupants of the residence affiliated with the home occupation. Staff has included this into Lake Elmo’s code. No more than one non-resident shall be allowed as an employee. Ham Lake - No more than one employee who does not live on the premises can be employed Orono – Only one employee or associate is allowed and cannot be there for more than 40 hours a week. 3 Signage – The City sign code allows for a two square foot wall sign for the business. There are some communities that limit the size of the sign, typically from one square foot to two square feet. There are others that do not allow signs associated with the business at all, such as Little Canada, Stillwater (depending on district). There is no proposed change from the current code for signage. Section 154.212 (G)(1) and K (10). St. Paul - A home occupation may have an identification sign no larger than two (2) square feet in area, which shall not be located in a required yard. Stillwater - No signs are permitted depending on district and 2 sqft. where allowed. Hours of Operation – Many of the communities had set times in which the operator could perform activities associated with the home occupation. The Lake Elmo definition had set the time from 7:00 Am – 10:00 Pm. Staff is not suggesting a change to this section, as it is comparable to other communities. Little Canada – no work from 10pm to 7 am - 15 hours Stillwater - limits time from 7am to 8pm – 13 hours St. Paul – There was no limit found Orono - … accessible to the public shall be limited to the hours between 8:00 a.m. and 7:00 p.m.- 11 hours FISCAL IMPACT: Staff does not foresee a fiscal impact. COMMENTS AND RECOMMENDATION Staff Comments: Staff feels that the proposed language helps establish clarity for residents as to what is expected for individuals who wish to establish a home based business. The ordinance is an improvement and staff is recommending approval of the provided language. Planning Commission: The planning commission recommended approval with amendments. Outlined below is the language that has been removed: Certificate of Zoning Compliance – The commission did not feel this was necessary for residents to obtain. Many communities do require some sort of permitting scheme. However, staff does not necessarily feel the certificate provides much value for regulation. The code should be able to stand on its own and instead if there is an issue the nuisance section of the code will be applied. This is supported by staff. Home occupations shall not be... – Medical or dental clinics, contracting, and excavating, welding or machine shops, and tow truck services were all removed. It was brought to light in the meeting that there is a population of residents who have home businesses that could easily fall into either of these categories. It was stated that the language was too general (contracting) or too specific (machine shops, which isn’t much different from a woodworker). Staff is in support of the changes, so long as the businesses do not cause a nuisance as defined by the code there does not seem to be a reason to specifically prohibit them. Exterior storage – The code read “…or display of products, equipment or merchandise is permitted.” The commission decided to remove equipment from this section. 4 “Motion to adopt Ordinance 08-219 which establishes regulatory language for Home Occupations.” And “Motion to adopt Resolution 2018-091 authorizing summary publication of Ordinance 08-219.” ATTACHMENTS • Ord. 08-219 Home Occupation Ordinance. • Resolution 2018-091 summary publication of Ord. 08- 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-219 AN ORDINANCE AMENDING THE LAKE ELMO CITY ZONING CODE OF ORDINANCES BY ADDING ADDITIONAL STANDARDS AND LANGUAGE FOR HOME OCCUPATIONS. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: Definitions 11.01 by amending the definition of Home Occupation: HOME OCCUPATION. Any gainful occupation or profession engaged in by the occupant(s), only, and up to one non-occupant employee of a dwelling when carried on within a dwelling unit or in an accessory building, provided that no signs other than those normally utilized in a residential districtallowed by the City’s sign regulations regarding home occupations are present., that no stock in trade over 1,000 cubic feet is stored on the premises, that no over-the- counter retail sales are involved unless ancillary to the permitted business, and that entrance to the home occupation is or can be gained from within the structure. Uses include professional office, hair salons serving no more than 2 customers at a time, or teaching limited to no more than 3 students at any time, and other uses which do not create a nuisance as outlined in Chapter 96 of this Code. A HOME OCCUPATION shall not be interpreted to include tourist homes, restaurants, disorderly house as defined by M.S. § 609.33, Sudb. 1, as it may be amended from time to time, or similar uses. No HOME OCCUPATION shall be permitted that creates the need for more than 3 parking spaces at any given time in addition to the parking spaces required by the occupants. HOME OCCUPATIONS shall not be carried on except between the hours of 7:00 a.m. and 10:00 p.m. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article II; Section 154.012; Subd. (B) (13) Home Occupations by amending the language as follows: Home Occupations. Any gainful occupation or profession engaged in by the occupant(s), only,and up to one non-occupant employee of a dwelling when carried on within a dwelling unit or in an accessory building, provided that no signs other than those normally utilized in a residential district are allowed by the City’s sign regulations regarding home occupations are present., that no stock in trade over 1000 cubic feet is stored on the premises, that no over-the- counter retail sales are involved unless ancillary to the permitted business, and that entrance to the home occupation is or can be gained from within the structure. Uses include professional office, hair salons serving no more than 2 customers at a time, or teaching limited to no more than 3 students at any time, and other uses which do not create a nuisance as outlined in Chapter 96 of this code. A home occupation shall not be interpreted to include tourist homes, restaurants, disorderly house as defined by M.S. §609.33, Subd. 1, as it may be amended from time to time, or similar uses. No home occupation shall be permitted that creates the need for more than 3 parking spaces at any given time in addition to the parking spaces at any given time in addition to the parking spaces required by the occupants. Home occupations shall not be carried on except between the hours of 7:00 a.m. and 10:00 p.m. 2 SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article VII; to amend Section 154.310 Standards for Accessory Uses by adding the following: E. Home Occupations shall be considered a permitted accessory use. The purpose of home occupation standards are to ensure that the activities are clearly secondary to the intended use of the dwelling and to ensure that the business is compatatble with surrounding residential uses. All home occupations must comply with the criteria set forth below. 1. Home Occupations. a. A home occupation may include but is not limted to 1. Home office. 2. Hair salons not serving more than two customers at a time. 3. Teaching, though limited to no more than three students at any time 4. Uses which do not alter the character of the locality, do not create a nuisance as outlined in Chapter 96 of the City Code, and are legally allowed by local, state, and federal law. b. Home occupations shall not be interpreted to include 1. Tourist homes. 2. Restaurants. 3. Disorderly house as defined by M.S. 609.33, subd. 1, as it may be amended from time to time, or similar uses. 4. Sale or use of hazardous materials. 5. Adult establishments as defined in Chapter 113. 6. Any overnight activities shall not be permitted. 2. Operation Requirements a. The home occupation shall be clearly incidental and subordinate to the residential use of the premises, and shall result in no incompatibility or disturbance to the surrounding area. b. Activities associated with the permitted home occupation may only be conducted between the hours of 7:00 a.m. and 10:00 p.m.. c. No over the counter retail sales may be made unless ancillary to the permitted business d. There shall not be more than one employee who does not customarily reside on the property affiliated with the Home Occupation. e. The use shall not create a nuisance as defined by chapter 96. 3 3. Site Requirements a. Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to that of a commercial nature shall be prohibited. b. Interior alterations or modifications shall not eliminate all of the bathrooms, sleeping areas, or kitchen(s). c. Signage. Home Occupations are allowed signage in accordance with Sections §154.212 (G) (1) (a) and (K) (10). d. The operation shall not create a demand for more than 3 parking spaces at any given time, and no parking for the business shall be on-street. Off- street parking shall be on a durable parking surface such as asphalt, concrete, etc. The off-street parking area required for the principal residential use shall be retained exclusively for the principal use. e. Exterior Storage. No outside storage or display of products or merchandise is permitted. f. No stock in trade over 1,000 cubic feet shall be stored on the premises. SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article V; to amend Section 154.103 Permits; Certificates and Licenses; B. Certificate of Zoning Compliance by amending the following: 1. When Required. A certificate of zoning compliance is required for the following activities: a. A new use classification within an existing building or structure; b. A change of use classification within an existing building or structure; c. Addition, removal or change in parking or other on-site improvements; d. Small accessory structures that do not require a building permit; e. Home occupations; f.e. Swimming Pools; g.f. Antennas, including amateur radio antennas and wireless communications facilities that meet the criteria for administrative review in §150.111(C); h.g. Fences six feet and less in height; i.h. Driveways that are not authorized as part of an approved building permit; j.i. Storm water management activities and structures not otherwise permitted as part of a development application; k.j. Other situations requiring additional review or interpretation, as specified elsewhere in this ordinance. 4 SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 6. Adoption Date. This Ordinance 08-219 was adopted on this ______ day of ___ 2018, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-219 was published on the ____ day of ___________________, 2018. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2018-091 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-219 WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-219, an ordinance amending the City’s Zoning Use Types and Classification as it specifically relates to Accessory Uses; WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-219 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-219, which adds language within the City’s Accessory Use section of Zoning use types and classifications as it relates to Home Occupations. The amended language was intended to clarify the expectations of home occupations. The following is a summary of the adopted language. - A certificate of zoning compliance is no longer needed for home businesses/occupation. - The code provides examples of what is acceptable as a home occupation, such as a home office. As well as other examples that would not be considered as acceptable as a home occupation, such as a restaurant or tourist home. - The City has also established operation requirements which lists out what is acceptable for hours of operation, number of employees allowed, and states that the operation shall not conflict with the nuisance section (Ch. 96) of the City code. - Site requirements are also listed, which prohibits property owners from making modifications to the home which would no longer make the dwelling usable as a residence or give off the appearance of a commercial use. The full text of Ordinance No. 08-219 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: August 8, 2018 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _____________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. STAFF REPORT DATE: August 8, 2018 REGULAR ITEM #: 17 MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Environmental Performance Standards – Ordinance Amendment REVIEWED BY: Emily Becker, Planning Director BACKGROUND: Chapter 154.250 addresses the City’s expectations for environmental performance. This chapter essentially has two sections which lays out standards for tree preservation/replacement and landscaping requirements. The tree preservation plan applies to developments within any zoning district except single family residential lots or clearing or cutting of trees for purposes of forestry operations. It also applies to any grading or excavation projects resulting in the movement of greater than 400 cubic yards of material per acre. Planning staff has been applying these standards to new growth and development throughout the City. After working through some of the newer developments and gaining feedback from the City’s new landscape architect, staff has noticed portions of the code should be updated for clarification. Therefore, Staff is proposing some amendments to tree preservation/replacement requirements and landscaping requirements. Additionally, it was communicated by Council that the City’s parking lot screening requirements were over burdensome and should be reanalyzed. ISSUE BEFORE COUNCIL: Should Council adopt an ordinance amending tree preservation, landscaping standards and screening as it relates to parking lots? PROPOSAL DETAILS/ANALYSIS: Tree Preservation - Language has been added to the definition of significant trees and specimen trees. - Mitigation plan: trees must be planted in appropriate areas within the development - Tree Replacement Calculation: the section was summarized to improve clarification within subsection b. - Exceptions: exceptions may be requested through the variance process. Subsection 2 gives council the guidelines for acceptable types of mitigation. Payment, woodland management practice, or planting trees on City property. - Penalty: When significant trees are removed from a site that was not noted on the plans it will result in a one-to-one replacement penalty regardless if it is over the 30% allowance. Comparison to Other Cities. The following outlines “tree preservation” practices of other cities. Forest Lake – Different zoning districts have different allowable percentages of removal. They also offer a type of replacement similar to our proposal but smaller in size. The applicant shall be responsible for furnishing and installing 1 Category A tree, 2 Category B replacement trees, or 4 Category C replacement trees for every 125 square feet of significant woodland damaged or destroyed, or any increment thereof. (Their categories are further defined in the code). They may also pay a fee in lieu of physical replacement. Their percentage of allowed removal is determined by the district. For example rural residential is 30% but “urban” districts are 50%. Mahtomedi - In heavily wooded areas, tree replacement shall be at a rate of one tree replaced for each 3 significant trees lost. In areas which are not heavily wooded a replacement rate of one-to- one shall be used. Significant trees are defined as coniferous trees six feet or more in height, and deciduous trees are defined as trees eight inches or more in diameter. Stillwater - For private lot development, there is a one-to-one replacement standard for all significant trees removed over 35%. They also allow a fee to be paid when tree replacement is not feasible. Trees removed for utilities and easements are replaced on a standard of 10 per acre. Significant tree means a tree measuring at least six inches in diameter at 54 inches above the base. Woodbury – Woodbury allows for three options for tree replacement. There are multiple factors that require tree replacement, but diameter inches over 30% must be replaced. The applicant may replace the trees within the development per the replacement schedule, plant replacement trees on City property (under direction of parks director), or pay the City a fee based on diameter inches required for replacement. Common Trees are replaced at a rate of 1/8th diameter inches removed. Coniferous/Evergreen are replaced at a rate of 1/4th diameter inches removed. Hardwood Trees are replaced at a rate of ½ the diameter inches removed. Significant trees are defined by the same standard as Lake Elmo. Essentially Lake Elmo’s code is almost the same as Woodbury’s with a few exceptions. Landscaping around parking lots After reviewing a proposed parking lots within the City, concern has been raised relating to the screening requirements of parking lots. The main point of concern was that the screening would inhibit pedestrian and vehicle views, potentially raising safety issues. Similar language relating to screening requirements is also found in the Lake Elmo Design Guidelines and Standards Manual. It is important to keep in mind that the removal of this language would apply to any area within the City. Varying screening requirements are commonly seen in other City ordinances. Forest Lake: For parking lots adjacent the public realm, one shade tree planted evenly at 15 to 20 feet, screening consisting of or combination of decorative fence/wall or landscape berm. For non-public realm, a high quality privacy fencing with landscaped screening shall be installed between parking lots and residential uses. Mahtomedi: Requires plantings, berms, or fencing no less than 3 feet in height. Parking lots may be screened with a fence or wall between four to six feet in height. Stillwater: Landscaping shall be provided in new parking lot construction and reconstruction when abutting property located in residential districts shall be separated from such property by a wall, planter or a view-obscuring fence; or a raised landscaped mound of earth, sand stones or the like; or by a permanently maintained compact evergreen hedge; or a combination of any of the preceding treatments. Mounds View: All open, nonresidential, off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with subdivision 1103.08(6) of this Title. (1988 Code §40.07). Chaska: Off-street open parking areas containing six (6) or more spaces, and all loading facilities shall be screened from public streets which … Height of screening shall be at least four (4) feet but no more than six (6) feet above level of parking lot, and shall be ten (10) feet above the loading facility. Minimum opacity shall be 75 percent year round. Lake Elmo Zoning Code A. Perimeter Parking Lot Landscaping. Parking areas shall be screened from public streets and sidewalks, public open space, and adjacent residential properties. The perimeter of parking areas shall be screened as follows: 1. A landscaped frontage strip at least five (5) feet wide shall be provided between parking areas and public streets, sidewalks, or paths. If a parking area contains over one hundred (100) spaces, the frontage strip shall be increased to eight (8) feet in width. a. Within the frontage strip, screening shall consist of either a masonry wall, fence, berm, or hedge or combination that forms a screen a minimum of three and one-half (3.5) and a maximum of four (4) feet in height, and not less than fifty percent (50%) opaque on a year-round basis. b. Trees shall be planted at a minimum of one deciduous tree per fifty (50) linear feet within the frontage strip. Design Standards Manual If the City opts to remove the above language, the following language should also be removed from Lake Elmo Design Guidelines and Standards Manual. Commercial/Business Park f. Parking areas should be screened from view of public streets by means of grading and/or landscaping. g. Parking areas should be screened from adjacent structures with landscaping strips not exceeding 4 feet in height in order to ensure pedestrian safety. Village Mixed Use f. Surface parking areas should be screened from view of public streets by means of grading and/or landscaping. FISCAL IMPACT: The City is not expected to be impacted financially. STAFF RECOMMENDATIONS: Tree Preservation: Staff as well as the planning commission are recommending approval of the amendments to the environmental performance section of City code. There were amendments to the ordinance presented to the commission. However, staff does not feel they were impactful enough to specifically point out. Perimeter Parking lot screening: Staff as well as the planning commission does not recommend complete removal of screening requirements for the front strip of parking lots. However, if Council feels they are still burdensome staff would support relaxing the requirements. “Move to adopt ordinance 08-220 amending landscaping, tree preservation and replacement standards” And ”Motion to adopt Resolution 2018-092 authorizing summary publication of Ordinance 08- 220” ATTACHMENTS: Ordinance 08-220 Resolution 2018-092 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2018-092 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-220 WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-210, an ordinance amending the City’s Environmental Performance chapter; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-220 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-220, which amends language within the City’s Environmental Performance chapter as it relates to tree preservation and landscape requirements. The amended language was intended to clarify the expectations of the code. The following is a summary of the amendments. - Box elder and Cottonwood trees will no longer be considered as a common tree. - The definition for Nuisance Trees now included noxious/invasive trees such as Buck Thorn, Box elder and Cottonwood trees. - Planting of replacement trees will only be allowed on the parcel associated with the development, unless an exception was determined through variance approval. - A penalty has been established when a significant tree is removed which was not noted on the landscape plan. The penalty shall be a direct one to one replacement. - If plantings cannot be met on site, the variance process may allow payment of park dedication funds, plantings on City property, or woodland management practices. - A definition for ornamental trees has been added and may now count towards planting calculations. The full text of Ordinance No. 08-220 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: August 8, 2018 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _____________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-___ AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING ADDITIONAL STANDARDS FOR LANDSCAPING STANDARDS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article VIII Environmental Performance; Section 154.257 by amending the following: § 154.257 TREE PRESERVATION. A. Purpose. Within the City of Lake Elmo, trees and woodlands are considered a valuable asset to the community. The City places a priority on protecting this asset and finds that it is in the best interest to regulate the development and alteration of wooded areas within the community. All builders, developers and subdividers shall comply with all the provisions in the Zoning Code which address the preservation of existing significant trees. All builders, developers and subdividers are encouraged to preserve all healthy trees of significant value even if the trees do not meet the size requirements to be considered significant trees. B. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Common Tree. Includes Ash, Aspen, Basswood, Box Elder, Catalpa, Cottonwood, Elm, Hackberry, Locust, Poplar, Silver Maple, Willow and any other tree not defined as a hardwood deciduous tree or a coniferous/evergreen tree. Coniferous/Evergreen Tree. A wood plant, which, at maturity, is at least twelve (12) feet or more in height, having foliage on the outermost portion of the branches year-round. Tamaracks are included as a coniferous tree species. Critical Root Zone (CRZ). An imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter. E.g. a twenty-inch diameter has a critical root zone with a radius of twenty (20) feet. Deciduous Hardwood Tree. Includes Birch, Cherry, Hickory, Ironwood, Hard Maples, Oak and Walnut. Diameter Breast Height (DBH). The diameter of trees at breast height, measured 4 ½ feet (54 inches) above the ground. Drip Line. The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree. 2 Nuisance Tree. (1) Any living or standing tree or part thereof infected to any degree with a shade tree disease (See Shade Tree Disease Below) or shade tree pest; (2) Any logs, stumps, branches, firewood or other part of dead or dying tree(s) infected with a shade tree disease or shade tree pest unless properly treated; and (3) Any standing dead trees or limbs which may threaten human health or property. Also included, are noxious or invasive trees such as buckthorn, boxelder, and cottonwood. Ornamental Tree. A small tree, usually less than thirty (30) feet at maturity, often planted for ornamental characteristics such as flowers or attractive bark. Shade Tree Disease. Dutch elm disease (Ophiostoma ulmi or Ophiostoma novo-ulmi), oak wilt (Ceratocystis fagacearum) or any other tree disease of epidemic nature. Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, 19 ft. in height or eight (8) inches in diameter for coniferous/evergreen trees, or twelve (12) inches in diameter for common trees, as defined herein. Specimen Tree. A healthy, deciduous hardwood tree measuring equal to or greater than thirty (30) inches in diameter breast height or a healthy coniferous/evergreen tree measuring equal to or greater than twenty-five (25) feet in height. Tree Preservation Plan. A plan prepared by a certified landscape architect or forester indicating all of the significant trees in the proposed development or parcel. The Tree Preservation Plan includes a tree inventory which includes the size, species, and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved. Woodland Evaluation Report. A report prepared by a certified landscape architect, forester, or land surveyor indicating the general location, condition, and species of significant trees on a parcel planned for future development or grading activity. The report must demonstrate that there will be no impact to existing significant trees as part of the development or grading activity. Finally, the report must include the measures proposed to protect significant trees on the site. C. Tree Preservation Standards for Developing Properties 1. Applicability. a. A Tree Preservation Plan, or suitable alternatives as determined by the City, shall be submitted and approved for the following activities: i. New Development in Any Zoning District. A Tree Preservation Plan shall be required as part of any development or subdivision application. ii. Any grading or excavation project that result in the movement of greater than 400 cubic yards of material per acre of site per §151.017. iii. If the applicant is able to demonstrate that the proposed development or major grading activity includes no impact to the significant trees on the site, then the applicant may be exempt from the requirement to submit a Tree Preservation Plan. It is the responsibility of the applicant 3 to demonstrate that there are no impacts to significant trees through a Woodland Evaluation Report or some other form of tree survey or study. b. A Tree Preservation Plan is not required for the following activities: i. This section does not apply to the issuance of a development approval for a single-family residence on an existing platted lot of record. ii. This section does not apply to the harvesting of trees. For purposes of this section, “harvesting” means cutting or clearing trees for purposes relating to forestry operations, as defined in §154.012. “Harvesting” does not include the clearing of land for purposes of development, even where the trees are sold for purposes of creating lumber for related purposes. 2. Tree Preservation Plan. All applicants shall submit a tree preservation plan prepared by a certified forester or landscape architect in accordance with the provisions of this section. During the review of an application for a building permit, grading permit or Preliminary Plat, the tree preservation plan will be reviewed according to the best layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees. 3. Tree Preservation Plan Requirements. The Tree Preservation Plan shall be a separate plan sheet(s) that includes the following information: a. The name(s), certification(s), telephone number(s) and address(es) of the person(s) responsible for tree preservation during the course of the development project. b. Tree Inventory. The Tree Preservation Plan must include a Tree Inventory through one of the following methods: i. Tree Inventory Individual. An individual inventory including an identification system linked to metal field tags located four and one- half (4.5) feet from grade on all significant trees must be identified on a plan sheet in both graphic and tabular form. ii. Tree Inventory Sampling. In cases of sites with large tracts of significant trees, the City may approve the use of a sampling inventory for all or portions of a site as an alternative to an individual inventory. The sampling inventory must include the methodology for sampling, identification ribbon around the perimeter of the sampling areas, and metal field tags located four and one-half (4.5) feet from grade on all significant trees in the sampling area. Within the sampling area, the quantity, size, species, health and location of all significant trees must be identified on a plan sheet in both graphic and tabular form. Based on sampling, total estimates and locations of healthy significant trees shall be provided. iii. Tree Inventory Combination. With the approval of the City, sites that include both large tracts of significant trees and areas of individual 4 significant trees may utilize a combination of the individual and sampling inventory methods. c. Trees that were planted as part of a commercial business such as a tree farm or nursery do not need to be inventoried on an individual tree basis. A general description of the trees and an outer boundary of the planted area must be provided. The burden of proof shall be on the applicant to provide evidence to support the finding that the trees were planted as part of a commercial business. d. A listing of healthy significant trees inventoried in subsection (b) above. Dead, diseased or dying trees do not need to be included in the totals. e. A listing of the healthy significant trees removed, identified by the metal field tag or some other form of identification used in the tree inventory in subsection (b) above. f. A listing of the healthy significant trees to remain, identified by the metal field tag or some other form of identification used in the tree inventory in subsection (b) above. g. Outer boundary of all contiguous wooded areas, with a general description of trees not meeting the significant tree size threshold. h. Locations of the proposed buildings, structures, or impervious surfaces. i. Delineation of all areas to be graded and limits of land disturbance. j. Identification of all significant trees proposed to be removed within the construction area. These significant trees should be identified in both graphic and tabular form. k. Measures to protect significant trees. and City standard tree protection detail. l. Size, species, number and location of all replacement trees proposed to be planted on the property in accordance with the Mitigation Plan, if necessary. m. Signature of the person(s) preparing the plan. 4. Implementation. All sites shall be staked, as depicted in the approved Tree Preservation Plan, and the required tree protection fencing shall be installed around the critical root zone before land disturbance is to commence. The City shall inspect the construction site prior to the beginning of the land disturbance to ensure that protective fencing and other protective measures are in place. The City has the right to inspect the site at any time for compliance with the plan. No encroachment, land disturbance, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved. 5. Allowable Tree Removal. Up to thirty (30) percent of the diameter inches of significant trees on any parcel of land being developed may be removed without replacement requirements. Replacement according to the Tree Replacement Schedule is required when removal exceeds more than thirty (30) percent of the 5 total significant tree diameter inches. The following types of trees do not need to be included as part of the tally of tree removals: a. Dead, diseased, or dying trees; b. Trees that are transplanted from the site to another appropriate area within the city; c. Trees that were planted as part of a commercial business, such as a tree farm or nursery; or d. Trees that were planted by the current property owner. In making such a determination, the City shall consider consistency of the age of the trees, any patterns in the location of trees, historical aerial photography and evidence of intentional planting such as invoices, formal planting plans or cost sharing agreements. 6. Mitigation Plan. a. In any development or grading project where the allowable tree removal is exceeded, the applicant shall mitigate the tree loss by either: by planting replacement trees in appropriate areas within the development in accordance with the Tree Replacement Schedule. i. Planting replacement trees in appropriate areas within the development in accordance with the Tree Replacement Schedule; ii. Planting replacement trees on City property under the direction of the Public Works Superintendent; or iii. Some combination of above subsections (i) and (ii) to total the equivalent number of replacement trees to meet the Mitigation Plan. b. The form of mitigation to be provided by the applicant shall be determined by the City. c. The planting of trees for mitigation on residential projects shall be in addition to any other landscape requirements of the City. d. All trees, with the exception of ornamental trees, planted as landscaping on commercial or mixed-use projects may be counted towards tree replacement requirements. 7. Tree Replacement Calculations. Thirty (30) percent of the total diameter inches of significant trees on the site may be removed without replacement. Any percentage over 30 shall be replaced. The allowable thirty (30) percent removal is first credited to the common trees removed, then the conifers, and lastly the hardwood species. The following calculation procedure must be used to determine tree replacement requirements: a. Tally the total number of diameter inches of all significant trees on the site. b. Calculate thirty (30) percent of the total diameter inches of significant trees on the site. This is the allowable tree removal limit, or the number of inches that can be removed without replacement. A calculation must be provided which 6 breaks out the number of inches removed for hardwood, evergreen/deciduous, and common trees. The 30% removal figure applies to each category individually and trees are replaced according to the Tree Replacement Schedule in subsection 8. c. Tally the total diameter inches of common trees that will be removed and subtract this number from the allowable tree removal limit. d. If there are any allowable inches left, tally the total diameter inches of conifer/evergreen tree species that will be removed and subtract this number from the remaining allowable inches. e. If there are any allowable inches left, tally the total diameter inches of hardwood deciduous tree species that will be removed and subtract this number from the remaining allowable inches. f. If at any point in the above calculation procedure (a-e) the number of inches to be removed exceeds the thirty (30) percent allowable removal limit, the remaining inches of removal above the allowable limit must be replaced according to the Tree Replacement Schedule in subsection 8. 8. Tree Replacement Schedule. Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule: a. Common tree species shall be replaced with new trees at a rate of one- fourth (1/4) the diameter inches removed. b. Coniferous/evergreen tree species shall be replaced with new coniferous or evergreen trees at a rate of one-half (1/2) the diameter inches removed. Since coniferous species are often sold by height rather than diameter inch, the following conversion formula can be used: i. Height of Replacement Coniferous Tree/2 = Diameter Inches of Credit c. Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a rate of (1/2) the diameter inches removed. d. Replacement Tree Size. Replacement trees must be a minimum of one (1) inch in diameter. 9. Species Requirement. The City must approve all species used for tree replacement. Ornamental trees are not acceptable for use as replacement trees. Where ten or more replacement trees are required, not more than thirty (30) percent of the replacement trees shall be of the same species of tree. Native species are encouraged, and hardiness and salt tolerance should be considered where applicable. 10. Warranty Requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within two (2) years after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirement within eight (8) months of removal. 7 11. Protective Measures. The Tree Preservation Plan shall identify and require the following measures to be utilized to protect significant trees planned for preservation: a. Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees, specimen trees and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced in area. b. Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant. c. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. d. Removal of any nuisance trees located in areas to be preserved. 12. Compliance with the Tree Preservation Plan. The applicant shall implement the Tree Preservation Plan prior to and during any construction. The tree protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the tree protection measures is made to, and approved by, the City. a. No significant trees shall be removed until a tree preservation plan is approved and except in accordance with the approved Tree Preservation Plan. b. The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved Tree Preservation Plan. The City shall determine whether the Tree Preservation Plan has been met. c. Irreparable Damage. Where the City determines that irreparable damage has occurred to a healthy significant tree that is designated to be preserved as part of the Tree Preservation Plan, the tree shall be removed and replaced, and protective fencing shall be provided. c.d. Instances where (a) significant tree(s) is (are) removed due to development or disturbed, which was not noted on the landscaping or tree removal plan will result in a one to one replacement penalty regardless if it is over the 30% allowance. D. Specimen Trees. The removal of any specimen trees on a property located in any of the urban zoning districts shall require a special permit and be subject to the Tree Replacement Schedule for the purpose of mitigating great tree loss. E.D. Financial Security. In cases where mitigation or tree replacement is required, the City may require that a financial security, in a form acceptable to the City, be provided as part of a development agreement or applicable permit to ensure compliance and performance of the Mitigation Plan. The financial security will be released to the applicant upon verification by the City that the Mitigation Plan was followed, and that all replacement trees are planted and in a reasonable state of health. The financial security 8 may be used to replace any replacement trees that have become damaged or diseased after planting. F.E. Exceptions 1. Exception Standards. Notwithstanding the City’s desire to accomplish tree preservation and protection goals, there may be instances where these goals are in conflict with other City objectives. These conflicts will most likely occur on small, heavily-wooded parcels. At the discretion of the City Council Developers may ask for exceptions Tthrough the variance process as indicated in 154.109, . eExceptions may be granted if all of the following conditions exist: a. It is not feasible to combine the subject parcel with adjacent parcels that could use the parcel as required green space; b. The subject parcel is five (5) acres in size or less; c. Strict adherence to the Tree Preservation Ordinance would prevent reasonable development that is consistent with the Comprehensive Plan and desirable to the City on the parcel; and d. The exception requested is the minimum needed to accomplish the desired development. 2. Reduced Mitigation for Exceptions. If an exception is granted, relief from the requirements of the ordinance may take the form of reduced mitigation requirements, greater allowable tree removal, higher thresholds for determining significant trees, or any combination of the above. The City Council will determine which form of relief best balances the objectives of the City and tree preservation. The Council may require payment of park dedication fees; woodland management practices; or planting of replacement trees on City property under direction of the Public Works Director as a condition of variance approval. (Ord. 08-077, passed 5-07-2013) SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article VIII; Environmental Performance Standards; Section 154.258 Landscape Requirements by amending the following: § 154.258 LANDSCAPE REQUIREMENTS. All development sites shall be landscaped as provided in this section in order to control erosion and runoff, moderate extremes of temperature and provide shade, aid in energy conservation, preserve habitat, provide visual softening of, especially, urban development, and generally enhance the quality of the physical environment within the city. A. Landscape Plan Required. A landscaping plan is required for all new commercial, industrial, institutional, and multi-family development, all planned unit developments, 9 and all subdivisions, with the exception of minor subdivisions, as defined in Chapter 154. The landscape plan shall be prepared by a certified landscape architect and include the following: 1. The location, size, quantity, and species of all existing and proposed plant materials. 2. Methods for protecting existing trees and other landscape material, consistent with §154.257. 3. Structural and ground cover materials. 4. Provisions for irrigation and other water supplies. 5. Details and cross sections of all required screening. 6. Special planting instructions. 7. City standard plan notes and drawings. 6.8.Utilities and driveways shall also be clearly shown on the plans. B. Design Considerations. The following design concepts and requirements shall be considered when developing a landscape plan. 1. To the maximum extent possible, the landscape plan shall incorporate existing trees and other vegetation on the site. 2. Landscaped areas should be of adequate size to allow proper plant growth, protect plantings from vehicular and pedestrian traffic, and provide adequate areas for plant maintenance. 3. A variety of trees and shrubs should be used to provide visual interest year round. No more than fifty percent (50%) of the required number of trees and shrubs may consist of any one species. A 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%) shall be coniferous trees. Ornamental trees may be used when applied towards landscaping requirements. However, the number of trees shall not exceed 15% of the required amount. 4. Final slopes greater than 3:1 will not be permitted without special treatment such as terracing, retaining walls, or special ground covers. 5. All plant materials, except trees planted per the Tree Replacement Schedule, shall meet the following minimum size standards in Table 6-1. Trees planted per the Tree Replacement Schedule shall meet the minimum requirements outlined in Section 154.257 (C) (8) (d.). 10 Table 6-1. Minimum Size Standards for Landscape Materials Plant Type Minimum size at planting Trees: Evergreen 6 feet in height Deciduous – shade 2.5 inches caliper, measured 6 inches from base Deciduous - ornamental 2 inches caliper, measured 6 inches from base Shrubs: Evergreen # 5 container* Deciduous # 5 container* Shrubs used for screening (evergreen or deciduous) # 5 container* * Approximately 5 gallons. See American Standards for Nursery Stock, ANSI 260.1-2004 for exact specifications. * This table and its requirements do not apply to the tree replacement schedule 6. As an alternative to the minimum standards for landscape materials, a landscape plan prepared by a qualified professional certifying that said plan will meet the intent of this Section may be submitted. 6.7. As a general rule, trees should be planted ten feet away from all utilities including water and sewer stubs, unless approved by the City’s Landscape Architect. C. Landscaping of Setback Areas. All required setbacks not occupied by buildings, parking, paths or plazas shall be landscaped with turf grass, native grass, trees, shrubs, vines, perennial flowering plants, and surrounding pervious ground cover. 1. A minimum of one (1) tree shall be planted for every fifty (50) feet of street frontage, lake shore or stream frontage, or fraction thereof. a. Trees adjacent to streets shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape design patterns in the area. b. Salt tolerance and root structure should be considered when selecting tree species adjacent to streets, sidewalks and parking areas. c. Where property abuts a lake or stream, trees shall be planted at intervals of no more than fifty (50) feet along the shoreline, except where natural vegetation is sufficient to meet this requirement. 2. In addition to the requirements of C.1 above, a minimum of five (5) trees shall be planted for every one (1) acre of land that is developed or disturbed by development activity. Such trees may be used for parking lot landscaping or screening as specified in subsections D and E below. 11 D. Interior Parking Lot Landscaping. The purpose of interior parking lot landscaping is to minimize the expansive appearance of parking lots and provide shaded parking areas. Landscaping shall consist of planting islands, medians and borders, comprising the required planting area specified under item (1) below. 1. At least five (5) percent of the interior area of parking lots with more than thirty (30) spaces shall be devoted to landscape planting areas. Areas may consist of islands or corner planting beds. 2. Shade trees shall be provided within the interior of parking lots (in islands or corner planting beds) in accordance with the following table: Table 6-2. Minimum Required Tree Planting for Parking Lots Number of Parking Spaces Minimum Required Tree Planting 0 – 30 None required 31 - 100 1 tree per 10 spaces or fraction thereof 101+ 1 tree per 15 spaces or fraction thereof E. Perimeter Parking Lot Landscaping. Parking areas shall be screened from public streets and sidewalks, public open space, and adjacent residential properties. The perimeter of parking areas shall be screened as follows: 1. A landscaped frontage strip at least five (5) feet wide shall be provided between parking areas and public streets, sidewalks, or paths. If a parking area contains over one hundred (100) spaces, the frontage strip shall be increased to eight (8) feet in width. a. Within the frontage strip, screening shall consist of either a masonry wall, fence, berm, or hedge or combination that forms a screen a minimum of three and one-half (3.5) and a maximum of four (4) feet in height, and not less than fifty percent (50%) opaque on a year-round basis. b. Trees shall be planted at a minimum of one deciduous tree per fifty (50) linear feet within the frontage strip. 2. Alongside and rear property lines abutting residential properties or districts, screening shall be provided, consisting of either a masonry wall, fence or berm in combination with landscape material that forms a screen a minimum of four (4) feet in height, a maximum of six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis. Landscape material shall include trees, planted at a minimum of one deciduous or coniferous tree per forty (40) linear feet along the property line. F. Screening. Screening shall be used to provide visual and noise separation of intensive uses from less intensive uses. Where screening is required in the City Code between uses or districts, it shall consist of either a masonry wall or fence in combination with landscape material that forms a screen at least six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis. Landscape material shall include trees, planted at a minimum of one deciduous or coniferous tree per forty (40) linear feet 12 along the property line. Additional landscape material such as shade trees or trellises may be required to partially screen views from above. G. Maintenance and Installation of Materials. Installation and maintenance of all landscape materials shall comply with the following standards: 1. All landscape materials shall be installed to current industry standards. 2. Irrigation or other water supply adequate to support the specified plant materials shall be provided. 3. All required landscaping and screening features shall be kept free of refuse and debris. 4. All landscape materials shall be guaranteed for two (2) years. Any landscape material that dies or becomes diseased before the end of the second (2nd) year after installation shall be replaced by the developer. 5. Continuing maintenance and replacement of landscape materials shall be the responsibility of the property owner beyond two years of initial installation. H. Financial Security. The City will require that a financial security, in a form acceptable to the City, be provided as part of a development agreement or applicable permit to ensure compliance and performance of the Landscape Plan. The financial security will be released to the applicant upon verification by the City that the Landscape Plan was followed, and that all landscape materials are planted and in a reasonable state of health. The financial security may be used to replace any landscape materials that have become damaged or diseased after planting. Adequate security must be retained to ensure performance for at least two years after the installations have been completed. (Ord. 08-087, passed 8-20-2013 SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-___ was adopted on this ______ day of ___ 2018, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ 13 Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 2018.