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9-18-18 full packet reduced
NOTICE OF MEETING City Council Meeting Tuesday, September 18, 2018 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North AGENDA A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Accept Minutes 1. September 4, 2018 D. Public Comments/Inquires E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Accept Building Department August 2018 Report 4. Accept Fire Department August 2018 Report 5. Accept Public Works August 2018 Report 6. Approve Resolution Awarding Equipment Certificate – Resolution 2018-105 7. Approve 2018 Street Improvements – Payment Request No. 2 8. Approve Old Village Ph4 Street & Utility Improvements – Pay Request No. 2 9. Approve Public Library Site Improvements – Pay Request No. 2 (FINAL) 10. Approve Development Security Reduction for Southwind 11. Approve CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Cooperative Maintenance Agreement – Resolution 2018-106 12. Approve CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Cooperative Agreement Payment No. 5 (FINAL) 13. Approve 2018 Street Improvements – Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment – Resolution 2018-107 14. Approve Conditional Job Offer to Part Time Fire Fighters 15. Approve Master Service Agreement for Planning Services G. Regular Agenda 16. Reconsideration of Tablyn Park Improvements 17. Environmental Performance – Tree Preservation Ordinance – Ordinance 08-220; Resolution 2018-092 18. Boulder Ponds 4th Addition Final Plat – Resolution 2018-108 19. Boulder Ponds 4th Addition Development Agreement – Resolution 2018-109 20. River Valley Church Conditional Use Permit – Resolution 2018-110 21. Preliminary 2018 General Fund and Annual Budget, Tax Levy and Public Hearing Date – Resolution 2018-014 H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2018 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Public Works Director Weldon, Planning Director Becker, and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the August 21, 2018 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES None PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Accept Building Department July 2018 Report 4. Accept Fire Department July 2018 Report 5. Accept Public Works July 2018 Report 6. Reject all Bids on 2018 Mill and Overlay Project – Resolution 2018-095 7. Approve Purchase of New Pickup and 1 Ton Truck 8. Approve Well#2 Programmable Logic Controller Upgrade 9. Approve 2018 Crack Seal Project – Pay Request No. 1 (FINAL) 10. Approve 2018 Seal Coat Project – Pay Request No. 1 (FINAL) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2018 Page 2 of 4 11. Approve I-94 Lift Station (No. 1) and Sanitary Sewer Improvements – Pay Request No. 3 – Resolution 2018-096 12. Approve 2018 Street Improvements – Pay Request No. 1 13. Approve Old Village Ph4 Street & Utility Improvements – Pay Request No. 1. Cooperative Maintenance Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 12: Growing Explorers Learning Center Final Plat, PUD and Conditional Use Permit Planning Director Becker presented an overview of the application for development of a childcare facility on a 1.54 acre lot in the Boulder Ponds development and reviewed recommended conditions of approval. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2018-099 APPROVING THE GROWING EXPLORERS FINAL PLAT AND PUD PLANS WITH RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL AS DIRECTED BY STAFF. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADD A CONDITION STATING THAT REQUIRED SETBACKS MUST BE MET. Motion failed 2 – 3. (Pearson, Bloyer, Nelson – nay) Ahmad Shamsi, owner of Growing Explorers, Inc. commented on the site elevation, screening and layout of the building. Primary motion passed 4 – 1. (Lundgren – nay) Councilmember Nelson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2018-100 APPROVING A CONDITIONAL USE PERMIT FOR A DAY CARE FACILITY TO BE CALLED GROWING EXPLORERS LEARNING CENTER. Motion passed 4 – 1. (Lundgren - nay) ITEM 13: Growing Explorers Learning Center Developer Agreement Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2018-101 APPROVING THE DEVELOPER AGREEMENT FOR GROWING EXPLORERS. Motion passed 4 – 1. (Lundgren – nay) ITEM 14: 45th Parallel Marker at Lions Park Public Works Director Weldon presented options for a concrete 45th Parallel marker at Lions Park, noting staff and Parks Commission recommendations. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2018 Page 3 of 4 Jay Knutson, 1116 2nd St. N., Stillwater, commented on the options and endorsed the Parks Commission recommendation for option C, a concrete marker flush mounted in a concrete pad with a post mounted sign. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO APPROVE FUNDING FOR THE 45TH PARALLEL MARKER AS RECOMMENDED BY THE PARKS COMMISSION WITH FUNDING FROM THE PARK DEDICATION FUND. Motion passed 5 – 0. ITEM 15: Tablyn Park Improvements Public Works Director Weldon presented recommendations from the Parks Commission for improvements to Tablyn Park. Discussion was held regarding lighting, parking and winter activities at the park. Councilmember Bloyer moved TO TABLE ITEM 15. Motion died – no second. Councilmember Fliflet, seconded by Councilmember Lundgren moved TO REFER ITEM 15 BACK TO THE PARKS COMMISSION IN LIGHT OF NEW INFORMATION RECEIVED SINCE THEY LAST CONSIDERED IT. Motion passed 4 – 1. (Bloyer – nay) Mayor Pearson, seconded by Councilmember Nelson, moved TO DIRECT STAFF TO PROCEED WITH INSTALLATION OF THEREE LIGHTS AS DESCRIBED IN THE STAFF REPORT WITH A COST ESTIMATE OF $10,000. Motion passed 5 – 0. ITEM 16: 3880 Laverne Avenue North Minor Subdivision Conditions Amendment Planning Director Becker reviewed amendments proposed to Resolution 2017-013 to remove the requirement for a shared access and shared parking lot, noting that the City has purchased the building and one outlot at 3880 Laverne Avenue North. City Administrator Handt added that it would not be in the best interest of either property owner to share access and parking. Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE AN AMENDMENT TO RESOLUTION 2018-013 REMOVING FINDING #4 AND CONDITION #7. Motion passed 4 – 1. (Bloyer – nay) COUNCIL REPORTS Mayor Pearson: Acknowledged volunteer work on the 45th parallel marker in Lions Park. Councilmember Lundgren: Announced that the final farmers market of the season will be held on Saturday, September 8th. Meeting adjourned at 8:21 p.m. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2018 Page 4 of 4 LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT -- page 1 -- DATE: September 18, 2018 CONSENT TO: Mayor and City Council FROM: Amy La Belle, Accountant AGENDA ITEM: Payments & Disbursements REVIEWED BY: Kristina Handt, City Administrator BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. FISCAL IMPACT: Claim # Amount Description ACH $ 89,666.09 Payroll 09/13/18 47892 – 47950 $ 967,651.80 Accounts Payable 09/18/18 TOTAL $ 1,057,317.89 RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: “Motion to approve the aforementioned disbursements in the amount of $1,057,317.89” ATTACHMENTS: 1. Accounts Payable – proof list(s) TO: FROM: City Council STAFF REPORT DATE: REGULAR #3 MOTION Michael Bent, Building Official AGENDA ITEM: REVIEWED BY: Approve Monthly Building Department Report for August 2018 Kristina Handt, City Administrator BACKGROUND: ISSUE BEFORE COUNCIL: As part of its Consent Agenda, the City Council is asked to accept the monthly Building Department report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. PROPOSAL DETAILS/ANALYSIS: Below is a snapshot of the monthly statistics for August 2018. Comparison data is also include from prior years for August new home single family construction and total permitting activity for the month. Attached are the system summary reports breaking out this information further, including the statistics related to the inspection activity. New Homes Total Valuation Average Home Value Total Permit Valuation YTD Total Residential Units YTD FISCAL IMPACT: None OPTIONS: RECOMMENDATION: 2018 21 $7,451,595 $354,837 $82,461,781 204 2017 27 $8,928,401 $330,681 $82,535,499 187 Motion to accept the August 2018 monthly building permit report as presented. ATTACHMENTS: 1.Valuation Report 2.Pennits Issued & Fees Report 3.Inspection statistic report for August 2018 4.YTD Building Department Revenue Report 2016 22 $6,346,324 $288,469 $87,196,825 150 STAFF REPORT DATE: CONSENT ITEM #: 4 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Month End Fire Department Update for August 2018 REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: Review month end activity update from fire department. Advise on any additional information requested. PROPOSAL DETAILS/ANALYSIS: We had 35 calls in August: 2 Fire Alarms 3 Arcing/shorted electrical equipment 2 Structure fires 1 Cancelled en route 22 Medicals 5 Car accidents with injuries 35 Total A Command vehicle did not respond on 14 calls for a response rate of 60%. Our average response time was 8.9 minutes from alarm to arrival. 19 calls had 3 or less responders minus the Duty Officer with 10 calls having only 1 personnel on the first due apparatus. 11 calls this month had only shift personnel for responders. Drills for the Month: #1 - CEU: Air Monitoring #2 - Auto Extrication #3 - Scene size up and Driving Apparatus Points of Interest: - We attended the city coordinated National Night Out at Lion’s park. - Staffing continues to be a struggle. We continue to have 3 PT Fire Fighter openings. - Fleet DOT inspection was conducted by EAM finding multiple mechanical issues that are fixed or being fixed. - 8 fire inspections completed for the month. - Public Works assisted us with septic system back up into Station #2 due to heavy rains. Part Timer Accomplishments: - Groundskeeping and landscaping at both stations. - Station 1 cleaning and equipment maintenance. Repaired failed emergency exit lights at both stations. - Vehicle repairs - several vehicles required service at Oakdale Public Works. - Assisted on several of the commercial business inspections. - Assisted EAM with fleet inspection. - Vehicle and equipment inspections. (fixed faulty Air Monitor) MAYOR AND COUNCIL COMMUNICATION DATE: 9/18/2018 CONSENT ITEM #: 5 AGENDA ITEM: Public Works Director Report SUBMITTED BY: Rob Weldon, Public Works Director REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: City Council is asked to review and accept, as part of Consent Agenda, a brief description of activities that have taken place in the Public Works Department in the month of August 2018. PROPOSAL DETAILS/ANALYSIS: • Mill and Overlay Bid Opening • Royal Golf 2nd Pre-con • Wildflower 3rd Pre-con • Public Surplus Action Training • Public Works Maint. Worker interviews • Salt Shed Pre-con Mtg • National Night Out prep. • Huff-n-Puff prep • Assist with 2018 OV Phase 4 project • Assist with election set up/take down • Lake Ridge Crossing Pre-wear walk through • Sentence to Serve mulching rain gardens • Lift Station Cleaning w/Oakdale • GIS Sunfish Trails w/ Planning Dept. • Generator Inspections • Pressure test in Sanctuary • Water tower #2 Cleaning • Pothole patching • Ditch Mowing RECOMMENDATION: Base on the activities listed above, City Council is respectfully asked to accept the August 2018 Public Works Report. STAFF REPORT DATE: September 18, 2018 REGULAR ITEM #6 - Consent MOTION TO: City Council FROM: Sue Iverson – Finance Director AGENDA ITEM: Approve Reimbursement Resolution REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: Previously the City Council authorized the purchase of a Fire Engine and a Dump Truck adopted a reimbursement resolution to approve the equipment purchases to be reimbursed through Equipment Certificates. ISSUE BEFORE THE CITY COUNCIL: 1) Should the City Council authorize the issuance, awarding the sale and details of $940,000 General Obligation Equipment Certificates? DISCUSSION: Bids were accepted from local banks with Lake Elmo Bank giving the lowest bid. Included in your packet is a resolution to consent to and approve the resolution awarding the bond sale to Lake Elmo Bank at 2.7% interest for a 10 year term. The sale is schedule to happen on October 15, 2018. FISCAL IMPACT: The annual payments will be paid back through general fund debt. Annual principal and interest payments are approximately $120,000 a year. OPTIONS: 1) Approve Resolution No. 2018-105, awarding the sale of General Obligation Equipment Certificate of Indebtedness Series 2018A, in the original aggregate principal amount of $940,000; fixing its form and specifications; directing is execution and delivery; and providing for its payment. 2) Amend and then approve Resolution No. 2018-105, awarding the sale of General Obligation Equipment Certificate of Indebtedness Series 2018A, in the original aggregate principal amount of $940,000; fixing its form and specifications; directing is execution and delivery; and providing for its payment. 3) Do not approve Resolution No. 2018-105, awarding the sale of General Obligation Equipment Certificate of Indebtedness Series 2018A, in the original aggregate principal amount of $940,000; fixing its form and specifications; directing is execution and delivery; and providing for its payment. RECOMMENDATION: If removed from the consent agenda: Motion to approve Resolution No. 2018-105, awarding the sale of General Obligation Equipment Certificate of Indebtedness Series 2018A, in the original aggregate principal amount of $940,000; fixing its form and specifications; directing is execution and delivery; and providing for its payment. ATTACHMENTS: 1) Resolution 2018-105. 536168v2 JSB LA515-53 Extract of Minutes of Meeting of the City Council of the City of Lake Elmo Washington County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lake Elmo, Minnesota, was duly held in the City Hall in the City on Tuesday, September 18, 2018, commencing at 7:00 o’clock P.M. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business was consideration of a proposal for the purchase of a $940,000 General Obligation Equipment Certificate of Indebtedness, Series 2018A of the City. The City Administrator presented the offer from Lake Elmo Bank to purchase the Certificate that had been submitted to the City pursuant to Council direction. After due consideration of the proposal, Councilmember ________________ introduced the following resolution, and moved its adoption: 536168v2 JSB LA515-53 2 RESOLUTION NO. 2018-105 A RESOLUTION AWARDING THE SALE OF A GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2018A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $940,000; FIXING ITS FORM AND SPECIFICATIONS; DIRECTING ITS EXECUTION AND DELIVERY; AND PROVIDING FOR ITS PAYMENT NOW THEREFORE BE IT RESOLVED By the City Council of the City of Lake Elmo, Washington County, Minnesota (the “City”) as follows: Section 1. Sale of Certificate. 1.01. Authorization. (a) The City is authorized by Minnesota Statutes, Minnesota Statutes, Sections 412.301 (the “Act”) to issue its general obligation equipment certificates of indebtedness on such terms and in such manner as the City determines to finance the acquisition of certain items of capital equipment, which is expected to include a fire engine and a dump truck (the “Equipment”), subject to certain limitations contained in the Act. (b) It is necessary and expedient to the sound financial management of the affairs of the City to issue a $940,000 General Obligation Equipment Certificate of Indebtedness, Series 2018A (the “Certificate”) pursuant to the Act to provide financing for the acquisition of the Equipment. (c) As required by the Act, (i) the expected useful life of the Equipment is or will be at least as long as the term of the Certificate; and (ii) the principal amount of the Certificate will not exceed 0.25 percent of the estimated market value of taxable property in the City for taxes payable in 2018, which is the market value as last finally equalized. (d) The City is authorized to negotiate the sale of the Certificate pursuant to an exception under Minnesota Statutes, Section 475.60, subdivision 2(a) for up to $1,200,000 of obligations in a 12-month period, which the City has determined it will not exceed. The actions of the City staff and financial advisers in negotiating the sale of the Certificate are ratified and confirmed in all aspects. Section 2. Details of Certificate. 2.01. Purchase of Certificate. The offer of Lake Elmo Bank (the “Purchaser”) to purchase the Certificate is found to be a reasonable offer and is accepted, the proposal being to purchase the Certificate at a price of $940,000, plus accrued interest to date of delivery, for a Certificate bearing interest at the rate of 2.700% per annum. 536168v2 JSB LA515-53 3 2.02. Terms and Principal Amount of the Certificate. The City will forthwith issue and sell the Certificate pursuant to the Act to the Purchaser in the total principal amount of $940,000. The Certificate will be originally dated the date of delivery, in the denomination of the entire principal amount thereof, and maturing serially on February 1, in the years and amounts as follows: Year Amount Year Amount 2020 $90,000 2026 $110,000 2021 $95,000 2027 $115,000 2022 $100,000 2028 $115,000 2023 $100,000 2024 $105,000 2025 $110,000 Notwithstanding the foregoing, if the Certificates bear interest at more than one interest rate, a separate Certificate will be issued for each maturity. 2.03. Optional Redemption. The City may elect on any date to prepay the principal amount of the Certificate or any portion thereof. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. Prepayments will be at a price of par plus accrued interest. Section 3. Registrations. 3.01. Registered Form. The Certificate will be issued as a single typewritten certificate, numbered R-1, only in fully registered form. The interest thereon and, upon surrender of each Certificate, the principal amount thereof, will be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. The Certificate will be dated as of the last interest payment date preceding the date of authentication to which interest on the Certificate has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Certificate will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Certificate will be dated as of the date of original issue. The interest on the Certificate will be payable on February 1 and August 1 of each year, commencing August 1, 2019 to the registered owner of record as of the close of business on the 15th day of the immediately preceding month, whether or not that day is a business day. 3.03. Registration. The City appoints the City Clerk as registrar, transfer agent, authenticating agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto will be as follows: 536168v2 JSB LA515-53 4 (a) Register. The Registrar will keep a register in which the Registrar will provide for the registration of ownership of the Certificate and the registration of transfers and exchanges of the Certificate entitled to be registered, transferred or exchanged. (b) Transfer of Certificate. Upon surrender for transfer of the Certificate duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will deliver, in the name of the designated transferee or transferees, one or more new Certificates of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Certificate. Whenever the Certificate is surrendered by the registered owner for exchange the Registrar will deliver one or more new Certificates of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. Upon transfer or exchange the Certificate will be surrendered and promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When the Certificate is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Certificate or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name the Certificate is at any time registered in the register as the absolute owner of the Certificate, whether the Certificate will be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Certificate and for all other purposes, and all such payments so made to any such registered owner or upon the owner’s order will be valid and effectual to satisfy and discharge the liability upon the Certificate to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for every transfer or exchange of the Certificate sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Certificate. In case the Certificate becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new 536168v2 JSB LA515-53 5 Certificate of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of such mutilated Certificate or in lieu of and in substitution for any such Certificate destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Certificate destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to the Registrar that such Certificate was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate certificate or indemnity in form, substance and amount satisfactory to the Registrar, in which both the City and the Registrar will be named as obligees. Upon surrender to the Registrar, the Certificate will be cancelled by the Registrar and evidence of such cancellation will be given to the City. If the mutilated, destroyed, stolen or lost Certificate has already matured or been called for redemption in accordance with its terms it will not be necessary to issue a new Certificate prior to payment. (i) Redemption. In the event any installment of principal on the Certificate is called for redemption, notice will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of the Certificate at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of installment of principal of the Certificate. Upon redemption, the installment of principal on the Certificate so redeemed will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 3.04. Execution and Delivery. The Certificate will be prepared under the direction of the City Clerk and will be executed on behalf of the City by the signatures of the Mayor and the City Clerk. In case any officer whose signature appears on the Certificate will cease to be such officer before the delivery of the Certificate, such signature will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. When the Certificate have been so prepared, executed, the City Clerk will deliver the same to the Purchaser thereof upon payment of the purchase price and the Purchaser will not be obligated to see to the application of the purchase price. Section 4. 4.01. Form of Certificate. The Certificate will be printed or typewritten in substantially the form attached hereto as Exhibit A. 4.02. Approving Legal Opinion. The City Clerk is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and to cause the opinion to be printed on or accompany the Certificate. Section 5. Payment: Security. 536168v2 JSB LA515-53 6 5.01. Capital Fund. There is hereby created a Capital Fund to which the proceeds of the Certificate shall be credited less any amounts credited to the Debt Service Fund. From the Capital Fund, there shall be paid all costs of issuing the Certificate and all costs and expenses of the acquisition of the Equipment, including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law. 5.02 Debt Service Fund. The Certificate is payable from the General Obligation Equipment Certificate of Indebtedness, Series 2018A Debt Service Fund (the “Debt Service Fund”) hereby created, and the proceeds of the ad valorem taxes hereinafter levied described in Section 5.03 are pledged to the Debt Service Fund. If a payment of principal or interest on the Certificate becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director will pay such principal or interest from the general fund of the City, and the general fund may be reimbursed for those advances out of the proceeds of the taxes levied by this resolution, when collected. 5.03. Pledge of Taxes. For the purpose of paying the principal of and interest on the Certificate, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City (the “Taxes”). Such Taxes will be credited to the Debt Service Fund above provided and will be in the years and amounts set forth in Exhibit B. 5.04. Certification to County Auditor as to Debt Service Fund Amount. It is determined that the estimated collection of the foregoing Taxes will produce at least 5% in excess of the amount needed to meet when due, the principal and interest payments on the Certificate. The tax levy herein provided is irrepealable until the Certificate is paid, provided that at the time the City makes its annual tax levies, the City Finance Director may certify to the County Auditor of Washington County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 5.05. County Auditor’s Certificate as to Registration. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Washington County and to obtain the certificate required by Minnesota Statutes, Section 475.63. 536168v2 JSB LA515-53 7 Section 6. Tax Covenants. 6.01. General Tax Exemption Covenant. The City covenants and agrees with the holder from time to time of the Certificate that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Certificate to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Certificate. 6.02. Rebate. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Certificate under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Certificate, and the rebate of excess investment earnings to the United States, if the Certificates (together with other obligations reasonably expected to be issued in calendar year 2018) exceed the small issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Certificate is issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 6.03. Private Activity Bond Status. The City further covenants not to use the proceeds of the Certificate or the Equipment or to cause or permit them to be used, in such a manner as to cause the Certificate to be a “private activity bond” within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Certificate as a “qualified tax-exempt obligation” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Certificate is not a “private activity bonds” as defined in Section 141 of the Code; (b) the City hereby designates the Certificate as a “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2018 will not exceed $10,000,000; and 536168v2 JSB LA515-53 8 (d) not more than $10,000,000 of obligations issued by the City during calendar year 2018 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Authentication of Transcript. 7.01. Transcript. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Certificate, certified copies of proceedings and records of the City relating to the Certificate and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Certificate and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 7.02. Certification as to No Official Statement. It is determined that no comprehensive Official Statement or offering material has been prepared or circulated by the City in connection with the sale of the Certificate and that the City is relying on the investment representation of the Purchaser in an investment letter of even date now on file with the City Clerk. Section 8. No Continuing Disclosure. Because the Certificate is in a principal amount less than $1,000,000, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Certificate. Section 9. Defeasance. When the Certificate and all interest thereon, has been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holder of the Certificate will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Certificate will remain in full force and effect. The City may discharge the Certificate which is due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If the Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The motion for adoption was duly seconded by Councilmember ________________, and, upon vote being taken thereon, the following members voted in favor: and the following voted against: whereupon said resolution was declared duly passed and adopted. 536168v2 JSB LA515-53 STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON ) ) CITY OF LAKE ELMO ) I, the undersigned, being the duly qualified and acting Clerk of the City of Lake Elmo, Washington County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a special meeting of the City Council held on Thursday, September 18, 2018, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of a $940,000 General Obligation Equipment Certificate of Indebtedness, Series 2018A of the City. WITNESS My hand of the City this ____ day of __________________, 2018. City Clerk Lake Elmo, Minnesota A-1 EXHIBIT A No. R-1 $940,000 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2018A Interest Rate Maturity Date of Original Issue CUSIP 2.70% February 1, 2028 October 15, 2018 Registered Owner: Lake Elmo Bank The City of Lake Elmo, Minnesota, a duly organized and existing municipal corporation in Washington County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner, or registered assigns, the principal sum of $940,000 on February 1 in the years and installment amounts as follows: Year Amount Year Amount 2020 $90,000 2026 $110,000 2021 $95,000 2027 $115,000 2022 $100,000 2028 $115,000 2023 $100,000 2024 $105,000 2025 $110,000 with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing August 1, 2019, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and the principal installments hereof are payable in lawful money of the United States of America by check or draft by the City Clerk, as Registrar, Authenticating Agent and Paying Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on any date to prepay all or a portion of the principal amount of this Certificate. Redemption may be in whole or in part and if in part, at the option of the City and in A-2 such manner as the City will determine. Prepayments will be at a price of par plus accrued interest. This Certificate is in the aggregate principal amount of $940,000 issued pursuant to a resolution adopted by the City Council on September 18, 2018 (the “Resolution”), for the purpose of providing money to finance various items of capital equipment, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475 and Section 412.301, and the principal hereof and interest hereon are payable from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Certificate and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property, which taxes may be levied without limitation as to rate or amount. As provided in the Resolution and subject to certain limitations set forth therein, this Certificate is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for a Certificate of another authorized denomination. Upon such transfer or exchange the City will cause a new Certificate or Certificates to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City Council has designated this Certificate a “qualified tax exempt obligation” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). The City and the Registrar may deem and treat the person in whose name this Certificate is registered as the absolute owner hereof, whether this Certificate is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Certificate in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Certificate does not cause the indebtedness of the City to exceed any constitutional, or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Lake Elmo, Washington County, Minnesota, by its City Council, has caused this Certificate to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Clerk and has caused this Certificate to be dated as of the date set forth below. A-3 Dated: ______________, 2018 CITY OF LAKE ELMO, MINNESOTA (do not sign) (do not sign) City Clerk Mayor REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Certificate is registered in the register of the City Clerk, in the name of the person last listed below. Date of Registration Registered Owner Signature of City Clerk _____________________ , 2018 Lake Elmo Bank Federal ID: #_________ _______________________ A-1 EXHIBIT B TAX LEVY SCHEDULE YEAR * TAX LEVY 2019 0 2020 128,995.65 2021 123,847.50 2022 126,404.25 2023 123,569.25 2024 125,984.25 2025 128,257.50 2026 125,139.00 2027 127,270.50 2028 124,010.25 __________________________________ * Year tax levy collected. STATE OF MINNESOTA COUNTY AUDITOR’S CERTIFICATE AS TO COUNTY OF WASHINGTON TAX LEVY AND REGISTRATION I, the undersigned County Auditor of Washington County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Lake Elmo, Minnesota, on September 18, 2018, levying taxes for the payment of a General Obligation Equipment Certificate of Indebtedness, Series 2018A, in the amount of $940,000, dated October 15, 2018, has been filed in my office and said obligation has been registered on the register of obligations in my office and that such tax has been levied as required by law. WITNESS My hand and official seal this ____ day of ____________, 2018. County Auditor Washington County, Minnesota (SEAL) Deputy STAFF REPORT DATE: September 18, 2018 CONSENT ITEM #: 7 AGENDA ITEM: 2018 Street Improvements – Pay Request No. 2 SUBMITTED BY: Amanda Groh, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 2 for the 2018 Street Improvements? BACKGROUND: Valley Paving, Inc. was awarded a construction contract on May 15, 2018 to complete the 2018 Street Improvements project. Construction work is in progress. The substantial completion date for the project is September 21, 2018. PROPOSAL DETAILS/ANALYSIS: Valley Paving, Inc., has submitted Partial Pay Request No. 2 in the amount of $188,475.63. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $13,772.87. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 2 for the 2018 Street Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 2 to Valley Paving, Inc. in the amount of $188,475.63 for the 2018 Street Improvements project”. ATTACHMENTS: 1. Partial Pay Estimate No. 2 STAFF REPORT DATE: September 18, 2018 CONSENT ITEM #: 8 AGENDA ITEM: Old Village Phase 4 Street, Drainage & Utility Improvements – Pay Request #2. SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 2 for the Old Village Phase 4: Street, Drainage and Utility Improvements? BACKGROUND: A-1 Excavating, Inc. was awarded a construction contract on June 5, 2018 to complete the Old Village Phase 4: Street, Drainage, and Utility Improvements. The substantial completion date for the project is October 20, 2018. PROPOSAL DETAILS/ANALYSIS: A-1 Excavating, Inc., has submitted Partial Pay Request No. 2 in the amount of $491,276.83. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $31,507.38. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 2 for the Old Village Phase 4: Street, Drainage, and Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 2 to A-1 Excavating, Inc. in the amount of $491,276.83 for the Old Village Phase 4: Street, Drainage, and Utility Improvements project”. ATTACHMENTS: 1. Partial Pay Estimate No. 2. PARTIAL PAY ESTIMATE NO. 2 OLD VILLAGE PHASE 4 IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2017.157 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $85,000.00 $85,000.00 0.25 $21,250.00 0.50 $42,500.00 2 ACRE 0.2 $11,000.00 $2,200.00 0.00 $0.00 0.25 $2,750.00 3 TREE 17 $550.00 $9,350.00 0.00 $0.00 18.00 $9,900.00 4 EACH 3 $220.00 $660.00 0.00 $0.00 3.00 $660.00 5 SY 516 $3.00 $1,548.00 0.00 $0.00 0.00 $0.00 6 LF 1284 $8.00 $10,272.00 1,068.00 $8,544.00 1,068.00 $8,544.00 7 LF 100 $5.00 $500.00 0.00 $0.00 0.00 $0.00 8 LF 300 $5.00 $1,500.00 300.00 $1,500.00 300.00 $1,500.00 9 LF 460 $5.00 $2,300.00 0.00 $0.00 620.00 $3,100.00 10 LF 1100 $5.50 $6,050.00 0.00 $0.00 0.00 $0.00 11 SY 5743 $3.00 $17,229.00 500.00 $1,500.00 5,743.00 $17,229.00 12 SY 1710 $2.50 $4,275.00 1,710.00 $4,275.00 1,710.00 $4,275.00 13 SY 2266 $2.50 $5,665.00 1,011.00 $2,527.50 1,011.00 $2,527.50 14 SY 369 $2.50 $922.50 100.00 $250.00 100.00 $250.00 15 SF 88 $2.50 $220.00 0.00 $0.00 0.00 $0.00 16 LF 50 $11.00 $550.00 70.00 $770.00 70.00 $770.00 17 LF 115 $12.00 $1,380.00 0.00 $0.00 0.00 $0.00 18 EACH 2 $125.00 $250.00 0.00 $0.00 0.00 $0.00 19 EACH 2 $225.00 $450.00 1.00 $225.00 1.00 $225.00 20 EACH 5 $350.00 $1,750.00 2.00 $700.00 2.00 $700.00 21 EACH 1 $7,000.00 $7,000.00 0.00 $0.00 0.00 $0.00 22 EACH 4 $350.00 $1,400.00 4.00 $1,400.00 4.00 $1,400.00 23 LF 180 $12.00 $2,160.00 0.00 $0.00 0.00 $0.00 24 LF 950 $8.00 $7,600.00 0.00 $0.00 0.00 $0.00 25 LF 276 $5.00 $1,380.00 0.00 $0.00 0.00 $0.00 26 LF 1265 $3.50 $4,427.50 0.00 $0.00 0.00 $0.00 27 LF 40 $25.00 $1,000.00 20.00 $500.00 20.00 $500.00 28 EACH 2 $55.00 $110.00 0.00 $0.00 0.00 $0.00 29 EACH 10 $250.00 $2,500.00 0.00 $0.00 5.00 $1,250.00 30 EACH 16 $225.00 $3,600.00 8.00 $1,800.00 8.00 $1,800.00 31 EACH 4 $950.00 $3,800.00 4.00 $3,800.00 4.00 $3,800.00 32 EACH 1 $350.00 $350.00 0.00 $0.00 0.00 $0.00 33 SF 50 $30.00 $1,500.00 0.00 $0.00 0.00 $0.00 34 CY 8030 $13.00 $104,390.00 420.00 $5,460.00 420.00 $5,460.00 35 CY 600 $18.00 $10,800.00 0.00 $0.00 0.00 $0.00 36 CY 5221 $14.20 $74,138.20 0.00 $0.00 0.00 $0.00 37 CY 420 $20.00 $8,400.00 0.00 $0.00 0.00 $0.00 38 SY 3493 $2.50 $8,732.50 0.00 $0.00 0.00 $0.00 39 CY 2085 $21.80 $45,453.00 0.00 $0.00 0.00 $0.00 40 HOUR 40 $145.00 $5,800.00 9.00 $1,305.00 10.00 $1,450.00 41 GAL 265 $1.50 $397.50 0.00 $0.00 0.00 $0.00 42 TON 447 $93.00 $41,571.00 0.00 $0.00 0.00 $0.00 43 TON 60 $93.00 $5,580.00 0.00 $0.00 0.00 $0.00 44 TON 147 $75.00 $11,025.00 0.00 $0.00 0.00 $0.00 45 TON 357 $79.00 $28,203.00 0.00 $0.00 0.00 $0.00 46 TON 119 $1.10 $130.90 0.00 $0.00 0.00 $0.00 47 TON 194 $72.00 $13,968.00 0.00 $0.00 0.00 $0.00 48 TON 378 $76.85 $29,049.30 0.00 $0.00 0.00 $0.00 49 TON 216 $88.96 $19,215.36 0.00 $0.00 0.00 $0.00 50 LF 495 $3.70 $1,831.50 0.00 $0.00 0.00 $0.00 51 LF 748 $10.00 $7,480.00 411.00 $4,110.00 462.00 $4,620.00 52 LS 1 $7,000.00 $7,000.00 0.00 $0.00 0.00 $0.00 53 EACH 4 $975.00 $3,900.00 0.00 $0.00 0.00 $0.00 54 EACH 3 $1,060.00 $3,180.00 0.00 $0.00 0.00 $0.00 55 EACH 1 $1,180.00 $1,180.00 0.00 $0.00 0.00 $0.00 56 LF 2455 $11.00 $27,005.00 0.00 $0.00 0.00 $0.00 57 LF 60 $16.50 $990.00 0.00 $0.00 0.00 $0.00 58 EACH 25 $405.00 $10,125.00 0.00 $0.00 0.00 $0.00 59 EACH 8 $620.00 $4,960.00 0.00 $0.00 0.00 $0.00 60 LF 1496 $47.00 $70,312.00 685.00 $32,195.00 1,520.00 $71,440.00 61 LF 176 $51.00 $8,976.00 51.00 $2,601.00 51.00 $2,601.00 62 LF 293 $54.00 $15,822.00 0.00 $0.00 0.00 $0.00 63 LF 412 $59.00 $24,308.00 0.00 $0.00 0.00 $0.00 64 LF 575 $151.00 $86,825.00 575.00 $86,825.00 575.00 $86,825.00 65 LF 116 $142.00 $16,472.00 0.00 $0.00 0.00 $0.00 66 LF 45 $162.00 $7,290.00 45.00 $7,290.00 45.00 $7,290.00 67 EACH 2 $3,230.00 $6,460.00 1.00 $3,230.00 2.00 $6,460.00 68 EACH 1 $1,550.00 $1,550.00 1.00 $1,550.00 1.00 $1,550.00 69 EACH 2 $2,060.00 $4,120.00 0.00 $0.00 0.00 $0.00 70 EACH 3 $2,490.00 $7,470.00 0.00 $0.00 0.00 $0.00 71 EACH 1 $8,325.00 $8,325.00 0.00 $0.00 0.00 $0.00 72 EACH 1 $3,380.00 $3,380.00 0.00 $0.00 0.00 $0.00 73 EACH 3 $3,780.00 $11,340.00 2.00 $7,560.00 2.00 $7,560.00 74 EACH 1 $9,080.00 $9,080.00 1.00 $9,080.00 1.00 $9,080.00 75 EACH 1 $11,050.00 $11,050.00 1.00 $11,050.00 1.00 $11,050.00 76 EACH 1 $23,000.00 $23,000.00 1.00 $23,000.00 1.00 $23,000.00 77 EACH 7 $325.00 $2,275.00 2.00 $650.00 7.00 $2,275.00 78 EACH 5 $370.00 $1,850.00 4.00 $1,480.00 5.00 $1,850.00 42" RC Pipe Sewer, Des 3006 CL III 18" RC Pipe Sewer, Des 3006 CL V 44" Span RC Pipe‐Arch Sewer, CL IIA Connect to Existing Sanitary Sewer Construct Drainage Structure 27" (w/ Casting) Construct Drainage Structure 2'x3' (w/ Casting) 12" RC Pipe Sewer, Des 3006 CL V Construct Drainage Structure Des. CC ‐ 48" (w/ Casting) Construct Drainage Structure Des. CC ‐ 48" Special (w/ 4' Sump, MH Baffle Construct Drainage Structure Des. CC ‐ 60" (w/ Casting) Construct Drainage Structure Des. CC ‐ 72" (w/ Casting) Construct Drainage Structure Des. CC ‐ 84" (w/ Casting) Construct Drainage Structure Des. CC ‐ 96" (w/ Casting) Construct Drainage Structure Des. CC ‐ 120" (w/ Casting) 8"X4" PVC Wye, SDR 26 8"X6" PVC Wye, SDR 26 Geotextile Fabric, Type V Agg. Base, Cl. 6 (CV) (P) Street Sweeping Bit. Material for Tack Coat Type SP 9.5 Wearing Course Mix (2,B) (Parking Lots, Driveways & Bike Trails Type SP 12.5 Wearing Course Mix (3,C) Bituminous Wedge Paving Saw & Seal Joint (40' Intervals) Pipe Foundation Rock Trench Drain and Grate System Type SP 9.5 Wearing Course Mix (2,B) (Pickleball Courts) Type SP 9.5 Wearing Course Mix (3,B) Type SP 9.5 Wearing Course Mix (3,C) Type SP 12.5 Wearing Course Mix (2,B) (Pickleball Courts) Type SP 12.5 Wearing Course Mix (3,B) Draintile Cleanout Draintile Cleanout Casting (R‐1914‐A) 8" PVC Pipe Sewer (SDR 26) 12" RC Pipe Apron w/Trash Guard 15" RC Pipe Apron w/Trash Guard 18" RC Pipe Apron w/Trash Guard 4" PVC Perf. Edge Drain w/ Backfill & Wrap 4" PVC Pipe Sewer 36" Span RC Pipe‐Arch Sewer, CL IIA Salvage Lighting Unit 15" RC Pipe Sewer, Des 3006 CL V Remove Playground Edging Remove Tennis Court Fencing Remove Conductors and Conduit Pulverize Bituminous Pavement (P) Remove Retaining Wall Remove Bollards Remove Bituminous Tennis & Basketball Court Pavement Remove Concrete Driveway Pavement Remove Concrete Walk Remove Culvert Salvage and Install Wooden Fence & Archway Salvage Sign (Type C or Street Name Sign) Salvage & Install Sign Type C Salvage & Install Mailbox Assembly Remove Bituminous Driveway & Parking Lot Pavement Salvage Basketball Hoop & Pole Assembly Remove Gate Valve & Box Salvage & Install Landscape Steps (Incl. Mulch & Steps) Common Excavation (P) Subgrade Correction (EV)(Includes Select Granular Borrow ‐ Mod 5%) Select Granular Borrow ‐ Mod. 5% (CV) (P) Volleyball Court Sand (18" Depth) ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 Mobilization Clearing & Grubbing Clearing & Grubbing Remove Hydrant Remove Service Cabinet Remove Light Foundation Abandon Culvert Pipe Abandon Water Main Sawing Concrete Pavement (Full Depth) Sawing Bit Pavement (Full Depth) Grub Stump Remove Mulch Remove Concrete Curb & Gutter Remove Water Main Pipe QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE 79 EACH 1 $2,000.00 $2,000.00 1.00 $2,000.00 1.00 $2,000.00 80 EACH 10 $105.00 $1,050.00 10.00 $1,050.00 10.00 $1,050.00 81 EACH 10 $645.00 $6,450.00 9.00 $5,805.00 9.00 $5,805.00 82 LF 233 $37.00 $8,621.00 78.00 $2,886.00 78.00 $2,886.00 83 LF 164 $39.00 $6,396.00 97.00 $3,783.00 97.00 $3,783.00 84 LF 335 $36.00 $12,060.00 259.00 $9,324.00 259.00 $9,324.00 85 LF 625 $32.00 $20,000.00 630.00 $20,160.00 630.00 $20,160.00 86 EACH 22 $85.00 $1,870.00 0.00 $0.00 0.00 $0.00 87 EACH 6 $3,750.00 $22,500.00 3.00 $11,250.00 6.00 $22,500.00 88 LF 1496 $1.50 $2,244.00 0.00 $0.00 0.00 $0.00 89 SY 18 $36.00 $648.00 7.00 $252.00 7.00 $252.00 90 LF 200 $25.00 $5,000.00 0.00 $0.00 0.00 $0.00 91 LS 1 $8,000.00 $8,000.00 0.75 $6,000.00 1.00 $8,000.00 92 EACH 19 $200.00 $3,800.00 9.00 $1,800.00 9.00 $1,800.00 93 EACH 5 $490.00 $2,450.00 4.00 $1,960.00 4.00 $1,960.00 94 EACH 19 $360.00 $6,840.00 8.00 $2,880.00 8.00 $2,880.00 95 EACH 5 $680.00 $3,400.00 4.00 $2,720.00 4.00 $2,720.00 96 EACH 4 $1,700.00 $6,800.00 3.00 $5,100.00 3.00 $5,100.00 97 EACH 24 $200.00 $4,800.00 10.00 $2,000.00 10.00 $2,000.00 98 EACH 3 $180.00 $540.00 0.00 $0.00 0.00 $0.00 99 EACH 8 $4,290.00 $34,320.00 7.00 $30,030.00 7.00 $30,030.00 100 EACH 9 $1,300.00 $11,700.00 8.00 $10,400.00 8.00 $10,400.00 101 EACH 2 $1,650.00 $3,300.00 4.00 $6,600.00 4.00 $6,600.00 102 LF 705 $38.00 $26,790.00 285.00 $10,830.00 285.00 $10,830.00 103 LF 170 $45.00 $7,650.00 130.00 $5,850.00 130.00 $5,850.00 104 LF 128 $51.00 $6,528.00 92.00 $4,692.00 92.00 $4,692.00 105 LF 2120 $54.00 $114,480.00 1,995.00 $107,730.00 1,995.00 $107,730.00 106 LB 925 $8.00 $7,400.00 1,113.00 $8,904.00 1,113.00 $8,904.00 107 CY 10 $100.00 $1,000.00 0.00 $0.00 0.00 $0.00 108 SF 1605 $5.05 $8,105.25 0.00 $0.00 0.00 $0.00 109 SF 50 $6.75 $337.50 0.00 $0.00 0.00 $0.00 110 EACH 50 $7.40 $370.00 0.00 $0.00 0.00 $0.00 111 LF 400 $24.50 $9,800.00 0.00 $0.00 0.00 $0.00 112 LF 966 $14.50 $14,007.00 0.00 $0.00 0.00 $0.00 113 LF 2400 $14.00 $33,600.00 0.00 $0.00 0.00 $0.00 114 LF 630 $12.50 $7,875.00 0.00 $0.00 0.00 $0.00 115 LF 390 $28.00 $10,920.00 0.00 $0.00 0.00 $0.00 116 LF 300 $34.00 $10,200.00 0.00 $0.00 0.00 $0.00 117 SY 355 $67.00 $23,785.00 0.00 $0.00 0.00 $0.00 118 SY 500 $77.00 $38,500.00 0.00 $0.00 0.00 $0.00 119 SY 150 $58.00 $8,700.00 0.00 $0.00 0.00 $0.00 120 SF 20 $71.00 $1,420.00 0.00 $0.00 0.00 $0.00 121 EACH 1 $10,400.00 $10,400.00 0.00 $0.00 0.00 $0.00 122 EACH 1 $5,240.00 $5,240.00 0.00 $0.00 0.00 $0.00 123 EACH 1 $1,340.00 $1,340.00 0.00 $0.00 0.00 $0.00 124 EACH 4 $1,660.00 $6,640.00 0.00 $0.00 0.00 $0.00 125 EACH 4 $1,400.00 $5,600.00 0.00 $0.00 0.00 $0.00 126 LF 280 $12.40 $3,472.00 0.00 $0.00 0.00 $0.00 127 LF 950 $2.50 $2,375.00 0.00 $0.00 0.00 $0.00 128 LF 960 $1.45 $1,392.00 0.00 $0.00 0.00 $0.00 129 LS 1 $5,500.00 $5,500.00 0.50 $2,750.00 0.50 $2,750.00 130 SF 36 $60.00 $2,160.00 0.00 $0.00 0.00 $0.00 131 EACH 2 $385.00 $770.00 0.00 $0.00 0.00 $0.00 132 LF 80 $8.80 $704.00 0.00 $0.00 0.00 $0.00 133 LF 1250 $1.00 $1,250.00 0.00 $0.00 0.00 $0.00 134 LS 1 $6,600.00 $6,600.00 0.00 $0.00 0.00 $0.00 135 EACH 4 $1,650.00 $6,600.00 0.00 $0.00 0.00 $0.00 136 EACH 4 $4,400.00 $17,600.00 0.00 $0.00 0.00 $0.00 137 LF 360 $3.50 $1,260.00 100.00 $350.00 100.00 $350.00 138 EACH 8 $150.00 $1,200.00 0.00 $0.00 0.00 $0.00 139 CY 2382 $30.00 $71,460.00 0.00 $0.00 0.00 $0.00 140 SY 7563 $5.30 $40,083.90 0.00 $0.00 0.00 $0.00 141 ACRE 0.06 $10,450.00 $627.00 0.00 $0.00 0.00 $0.00 142 SY 250 $3.00 $750.00 0.00 $0.00 0.00 $0.00 143 SY 463 $8.60 $3,981.80 0.00 $0.00 0.00 $0.00 144 LF 750 $3.00 $2,250.00 0.00 $0.00 0.00 $0.00 145 SY 675 $9.00 $6,075.00 0.00 $0.00 0.00 $0.00 146 SY 45 $5.50 $247.50 0.00 $0.00 0.00 $0.00 147 EACH 3 $1,200.00 $3,600.00 3.00 $3,600.00 3.00 $3,600.00 $1,698,744.21 $517,133.50 $630,147.50 TOTALS ‐ BASE CONTRACT $1,698,744.21 $517,133.50 $630,147.50 CHANGE ORDER NO. 1 CO1‐1 LF 262 $59.00 $15,458.00 0.00 $0.00 0.00 $0.00 CO1‐2 EACH 2 $2,490.00 $4,980.00 0.00 $0.00 0.00 $0.00 CO1‐3 EACH 1 $3,780.00 $3,780.00 0.00 $0.00 0.00 $0.00 CO1‐4 EACH 2 $150.00 $300.00 0.00 $0.00 0.00 $0.00 TOTALS ‐ CHANGE ORDER NO. 1 $24,518.00 $0.00 $0.00 TOTALS ‐ REVISED CONTRACT $1,723,262.21 $517,133.50 $630,147.50 Erosion Control Blanket Category 3N Turf Reinforcement Mat Category 1 Sediment Control Log Wood Playground Chips (12" Depth) Wood Landscape Mulch (4" thick) Sign, Type Special (Street Name) 4" Solid Line White Epoxy 4" Double Solid Yellow Epoxy Color Coating for Pickleball Courts Pickleball Court Striping Epoxy Pickleball Net and Post System Silt Fence, Preassembled Storm Drain Inlet Protection Common Topsoil Borrow (Pulverized) (LV) Light Foundation Install Lighting Unit 2" Non‐Metallic Conduit Underground Wire 1/C 8 AWG Underground Wire 1/C 12 AWG Traffic Control Sign Panels, Type C Sodding, Type Mineral Seeding (Seed Mixture Type 33‐261) B6 Concrete Curb B612 Concrete Curb & Gutter 2" Pressure Cleanout & Curbstop Assembly 2"x1‐1/4" Fused Tee 1‐1/4" Curb Stop & Box 4" PVC Sanitary Service Pipe ‐ Sch40 6" PVC Sanitary Service Pipe ‐ Sch40 1‐1/4" HDPE Service Pipe Construct Drainage Struct Des. CC‐48" (w/ Casting) SUBTOTAL ‐ DIVISION 1 Construct Drainage Struct Des. CC‐72" (w/ Casting) Storm Sewer Drain Inlet Protection Service Equipment Equipment Pad 24" Concrete Edging (Pickleball Court) Surmountable Concrete Curb (Playground) 6" Concrete Driveway Pavement 8" Concrete Driveway Pavement 2" HDPE Pressure Pipe Tracer Wire Box ‐ (at property line) Sanitary Sewer Manhole (10' Deep) Sewer Televising 2" Rigid Insulation Relocate Irrigation System Temporary Water Service 1" Corporation Stop 2" Corporation Stop 6" Concrete Pavement Truncated Domes Service Cabinet 18" RC Pipe Sewer, Des 3006 CL V 1" Curb Stop & Box 2" Curb Stop & Box Connect to Existing Water Main Water Main Fittings Random Rip‐Rap, Class III (includes Geotextile Fabric) 5" Concrete Walk 6" Concrete Walk ‐ Pedestrian Ramp Epoxy‐Coated Reinforcement Bars Temporary Rock Construction Entrance Connect to Existing Water Service Adjust Gate Valve Box Hydrant 6" Gate Valve & Box 8" Gate Valve & Box 1" Type K Copper Pipe 2" Type K Copper Pipe 6" Water Main DIP ‐ CL 52 (Poly Encased) 8" Water Main DIP ‐ CL 52 (Poly Encased) B618 Concrete Curb & Gutter 18" Concrete Ribbon Curb STAFF REPORT DATE: September 18, 2018 CONSENT ITEM # 9 AGENDA ITEM: Public Library Site Improvements – Accept Improvements and Approve Pay Request No. 2 (Final) SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer Rob Weldon, Public Works Director ISSUE BEFORE COUNCIL: Should the City Council accept the Public Library Site Improvements and approve Pay Request No. 2 (Final) to Miller Excavating, Inc.? BACKGROUND: Miller Excavating, Inc. was awarded a construction contract to complete the Public Library Site Improvements in accordance with a Construction Contract dated December 7, 2017. The Project Engineer has prepared a Certificate of Completion indicating that all work is completed including all punch list items and is recommending acceptance of the improvements and release of final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on September 18, 2018 and will extend through September 18, 2019. PROPOSAL DETAILS/ANALYSIS: Miller Excavating, Inc. has submitted Partial Pay Request No. 2 (Final) in the amount of $7,477.09. The work has been reviewed by the Engineer and is fully completed in accordance with the Contract and Specifications. The City Council is respectfully requested to consider accepting the improvements and approving Pay Request No. 2 (Final) for the Public Library Site Improvements. FISCAL IMPACT: The final total construction cost for the project is $59,402.05, which is 18.2% below the original contract award amount of $71,401.80. The total amount of engineering expended on design, construction observation, construction administration for the improvements was $10,000. The total project cost was $69,402.05 compare to the total authorized budget of $76,000. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the Public Library Site Improvements and approving Pay Request No. 2 (Final) in the amount of $7,477.09. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the improvements and approve Pay Request No. 2 (Final) to Miller Excavating, Inc. in the amount of $7,477.09 for the Public Library Site Improvements project”. ATTACHMENTS: 1. Partial Pay Estimate No. 2 (Final). 2. Certificate of Completion. PARTIAL PAY ESTIMATE NO. 2 (Final) PUBLIC LIBRARY PARKING LOT IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2016.132 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $3,400.00 $3,400.00 0.00 $0.00 1.00 $3,400.00 2 CY 792 $11.00 $8,712.00 0.00 $0.00 792.00 $8,712.00 3 CY 325 $12.50 $4,062.50 0.00 $0.00 325 $4,062.50 4 CY 165 $20.50 $3,382.50 0.00 $0.00 165 $3,382.50 5 TN 150 $115.00 $17,250.00 0.00 $0.00 147.69 $16,984.35 6 LF 60 $48.00 $2,880.00 0.00 $0.00 0 $0.00 7 EA 1 $3,260.00 $3,260.00 0.00 $0.00 1 $3,260.00 8 EA 1 $2,266.00 $2,266.00 0.00 $0.00 0 $0.00 9 SF 221 $7.40 $1,635.40 0.00 $0.00 93 $688.20 10 LF 330 $22.65 $7,474.50 0.00 $0.00 362 $8,199.30 11 LF 10 $40.00 $400.00 0.00 $0.00 0 $0.00 12 EA 2 $550.00 $1,100.00 0.00 $0.00 2 $1,100.00 13 SF 24 $75.00 $1,800.00 0.00 $0.00 24 $1,800.00 14 SF 6 $45.00 $270.00 3.50 $157.50 4 $157.50 15 LF 230 $5.00 $1,150.00 0.00 $0.00 0 $0.00 16 EA 2 $100.00 $200.00 0.00 $0.00 0 $0.00 17 SY 459 $7.00 $3,213.00 272.00 $1,904.00 272 $1,904.00 18 CY 92 $40.00 $3,680.00 0.00 $0.00 32 $1,280.00 19 EA 2 $500.00 $1,000.00 2.00 $1,000.00 2 $1,000.00 20 LF 642 $3.95 $2,535.90 426.00 $1,682.70 426 $1,682.70 21 LF 100 $14.00 $1,400.00 0.00 $0.00 116 $1,624.00 22 EA 2 $165.00 $330.00 0.00 $0.00 1 $165.00 $71,401.80 $4,744.20 $59,402.05 TOTALS $71,401.80 $4,744.20 $59,402.05 4” SOLID LINE WHITE – EPOXY 4” PVC SCH 40 DRAINTILE WITH COARSE FILTER AGGREGATE (MNDOT SPEC DRAINTILE CLEANOUT AGG. BASE, CL. 6 (CV) (PV) (6‐INCH DEPTH) TYPE SP 9.5 WEARING COURSE MIXTURE (3,B) (3‐INCH DEPTH) CONST DRAINAGE STRUCTURE TYPE 406 (W/ CASTING) (INCLUDES DIAMET 15” RC PIPE SEWER, DES 3006 PAVT MESSAGE (HANDICAP SYMBOL) – EPOXY ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 MOBILIZATION COMMON EXCAVATION (P) SELECT GRANULAR – MOD. 5% (CV) (P) (12‐INCH DEPTH) IMPORT TOPSOIL (CV) (6‐INCH DEPTH) PEDESTRIAN CURB RAMP SIGN TYPE C SILT FENCE, TYPE MS SODDING TYPE LAWN TRUNCATED DOMES CONST DRAINAGE STRUCTURE TYPE 404‐2’x3’ (W/ CASTING) 5‐INCH CONCRETE WALK CONCRETE CURB & GUTTER DESIGN B618 5‐INCH CONCRETE FLUME STORM DRAIN INLET PROTECTION SUBTOTAL ‐ DIVISION 1 STAFF REPORT DATE: September 18, 2018 CONSENT ITEM #: 10 AGENDA ITEM: Private Development Projects – Approve Security Reductions for Southwind Addition SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Emily Becker, Planning Director Chad Isakson, Assistance City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve security reductions for the Southwind Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed requests to reduce the development security in accordance with the various development projects. These requests have been reviewed and the following reductions are being recommended for approval: Current Security Amount Proposed Security Amount 1. Southwind Addition: $1,266,091 $963,783 Work within each of these developments have progressed in accordance with the respective development agreement and to the extent necessary to support a reduction in the security as detailed in this report. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction, the remaining security amount held by the City remains sufficient to complete the remaining improvements. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the security reductions for the Southwind Addition as detailed in this report and supporting documentation. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve security reductions for the Southwind Addition as detailed in the attached Security Reduction Worksheet.” ATTACHMENTS: 1. Security Reduction Worksheet – Southwind Addition. SOUTHWIND OF LAKE ELMO Time of Performance: October 31, 2018 DEVELOPMENT AGREEMENT AMOUNTS CATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6 Grading 187,554$ $234,442 $234,442 Sanitary Sewer 117,757$ $147,196 75%$110,397 Watermain 126,676$ $158,345 75%$118,759 Storm Sewer (w/pond structures)217,173$ $271,466 75%$135,733 $67,867 Streets + Sidewalks 545,215$ $681,518 50%$340,759 Bituminous Trails 32,525$ $40,656 Surface Water Facilities 35,185$ $43,981 Street Lighting 48,000$ $60,000 Street Signs and Traffic Control Signs 7,400$ $9,250 Private Utilities (electricity, natural gas, telephone, and cable) Landscaping $225,042 $281,303 Tree Preservation and Restoration NA NA Wetland Mitigation and Buffers NA NA Monuments 4,600$ $5,750 Erosion Control 25,265$ $31,582 5TH Street North ‐$ $0 Record Drawings 5,000$ $6,250 TOTALS $1,577,391 $1,971,740 RELEASED AMOUNTS:$705,649 $302,309 $0 $0 $0 $0 $492,935.02 CUMMULATIVE AMOUNTS:$705,649 $1,007,957 SECURITY AMOUNT REMAINING:$1,266,091 $963,783 DATE:1/16/2018 9/18/2018 REDUCTIONS STAFF REPORT DATE: September 18, 2018 CONSENT ITEM #: 11 AGENDA ITEM: CSAH13 (Olson Lake Trail/Ideal Avenue) – Resolution Approving Cooperative Maintenance Agreement SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve the Cooperative Agreement with Washington County for the Maintenance of the CSAH13 (Olson Lake Trail/Ideal Avenue) Improvements? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: As part of Washington County’s Capital Improvement Program, the County has reconstructed County State Aid Highway 13 (Olson Lake Trail/Ideal Avenue) in the Cities of Lake Elmo and Oakdale, with the construction completed in 2018. The improvements included the extension of sanitary sewer (system to be owned and maintained by the City of Oakdale), a bituminous trail along the west side of the roadway, and street and drainage improvements, including a storm water pond located within Lake Elmo City limits. The purpose for the Cooperative Maintenance Agreement is to outline the respective ownership and maintenance responsibilities for the new improvements between Washington County and the Cities of Lake Elmo and Oakdale. Key elements of the agreement are as follows: • The County shall own and maintain, without any expense to the City, all street, drainage and storm sewer improvements located within County right-of-way, including pavement maintenance, curb and gutter, cross walk and pavement markings, signage, retaining walls and fencing, and guardrails. • The County will mow the corridor boulevards a maximum of twice per year. • The City shall own and maintain, without any cost or expense to the County, the pavement, curb and gutter, pavement markings, and street signs located within City right-of-way and at all City street approaches to CSAH 13 (Olson Lake Trail/Ideal Avenue). • The County shall own and maintain the infiltration basin/pretreatment basin constructed for the project, however, the City agrees to participate in 3% of the cost incurred by the County to perform major maintenance for the infiltration basin/pretreatment basin. Major maintenance includes removal of sediment from the basin to restore the basin to its original volume, restoring the infiltration capacity of underlying soils and/or infiltration media, and stabilizing any surface and side slope disturbances, inlet and outlet pipe, structure, and apron repair and/or replacement. • The trail and pedestrian ramps located on the west side of CSAH 13 and within the County right- of-way will be maintained by the County and the City of Oakdale as outlined in Washington County Agreement No. 11537 with the City of Oakdale. • All maintenance required to be performed by this agreement by the Parties shall be performed in a manner which shall be at the sole discretion of the party so obligated. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the Cooperative Agreement with Washington County for the Maintenance of the CSAH13 (Olson Lake Trail/Ideal Avenue) Improvements. If removed from the Consent Agenda, the recommended motion for the action is as follows: “Move to approve Resolution No. 2018-106 approving Cooperative Maintenance Agreement 11536 for the CSAH13 (Olson Lake Trail/Ideal Avenue) Improvements.” ATTACHMENTS: 1. Resolution Approving Cooperative Maintenance Agreement for County State Aid Highway 13. 2. Cooperative Maintenance Agreement 11536. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-106 A RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH WASHINGTON COUNTY FOR MAINTENANCE OF COUNTY STATE AID HIGHWAY 13 (CSAH 13) WHEREAS, the County intends to construct and maintain CSAH 13 (Olson Lake Trail/Ideal Avenue) from CSAH 14 (34th Street) to CSAH 35 (50th Street) in the Cities of Lake Elmo and Oakdale, herein referred to as the “Project” and as shown in Exhibit A; and WHEREAS, the City and the County have entered into a separate agreement for the construction cost sharing of CSAH 13 and all items constructed with this project; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of these improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW, THEREFORE, BE IT RESOLVED, 1. That Cooperative Maintenance Agreement 11536 between the City of Lake Elmo and Washington County is hereby approved and the Mayor and City Administrator are hereby authorized execute the agreement on behalf of the City of Lake Elmo. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE EIGHTEENTH DAY OF SEPTEMBER 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk Page 1 of 4 COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND WASHINGTON COUNTY FOR MAINTENANCE OF COUNTY STATE AID HIGHWAY (CSAH) 13 THIS AGREEMENT, by and between the City of Lake Elmo, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County”, shall consist of this agreement and Exhibits A, B, and C. WITNESSETH: WHEREAS, the County intends to construct and maintain CSAH 13 (Olson Lake Trail/Ideal Avenue) from CSAH 14 (34th Street) to CSAH 35 (50th Street) in the Cities of Lake Elmo and Oakdale, herein referred to as the “Project” and as shown in Exhibit A; and WHEREAS, the City and the County have entered into a separate agreement for the construction cost sharing of CSAH 13 and all items constructed with this project; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of these improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. MAINTENANCE/OWNERSHIP 1. Upon completion of this project the City shall own and maintain the following under this project, without any cost or expense to the County: a. Signing. All permanent roadway signing on City streets shall be controlled by the City. b. Pavement markings: The City shall own and maintain all crosswalk and pavement markings on its City right-of-way or on City streets constructed under this project (see Exhibit B). c. Pavement: The City shall own and maintain all City street approaches constructed under this project (see Exhibit B). 2. Upon completion of the project, the following applies to the City and County: a. Infiltration Basin/Pretreatment Basin. The City shall participate with the County and others in major maintenance costs of the pretreatment basin, infiltration basin, basin overflow devices, storm water conveyance systems leading out of the basin, subsurface drains, etc. (see Exhibit C). 1) Major maintenance, as determined by the County Engineer, shall include: i. Removal of sediment from the basin to restore the basin to its original volume. This task will be considered major when the original basin storage volume has been reduced to 50%. ii. Restoring the infiltration capacity of underlying soils and/or infiltration media. iii. Stabilizing surface and side slope disturbances. WASHINGTON COUNTY CONTRACT NO. 11536 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE- PERPETUITY Page 2 of 4 iv. Inlet and outlet pipe, structure, and apron repair and/or replacement. 2) Contribution to major maintenance costs shall be based on contributing flows at the time of construction. Contributing flows are as follows: i. Areas of contributing flows are as follows. 1. Lake Elmo: 3% 2. Other: 35% 3. County: 62% 3) Other participation in infiltration basin and pretreatment basin maintenance is addressed in Washington County Contract No. 11537. 4) The City shall not participate in any minor maintenance of the storm water basin systems. 3. Upon completion of this project the County shall own and maintain, without any expense to the City, the following under this project: a. Storm sewer. Storm sewer trunk lines, lateral lines, catch basin, manholes, and drain tile on its County right-of-way constructed under this project. This shall include storm water conveyance into the pretreatment basin. This excludes City-owned utilities located within County right-of-way. b. Infiltration basin/pretreatment basin. The County shall own and participate with the City in maintenance of the pretreatment basin, infiltration basin, basin overflow devices, storm water conveyance systems, subsurface drains, etc. as outlined in Section B.2.a. c. Signing. All permanent roadway signing on County roads will be controlled by the County. d. Crosswalk and pavement markings. All markings on County roads. e. With respect to the construed corridor boulevard, the County will mow the corridor boulevards a maximum of twice per year. The County may perform additional mowing if required to maintain adequate and safe sight distance. f. Curb and gutter. All curb and gutter on its County right-of-way existing, constructed, or reconstructed under this project. g. Pavement. All pavement systems in County right-of -way existing, constructed, or reconstructed under this project. h. Retaining walls and fencing. The County shall perform maintenance of the retaining wall located along the east side of CSAH 13 and within the County right-of-way. i. Guardrail. The County shall own and maintain the guardrail located in the boulevard adjacent to the retaining wall addressed in B.3.h. j. Trail and pedestrian ramps. The trail and pedestrian ramps located on the west side of CSAH 13 and within the County right-of-way are addressed in Washington County Contract No. 11537 and refers to major and minor maintenance of the trail. 4. All maintenance required to be performed by this agreement by the Parties shall be performed in a manner which shall be at the sole discretion of the party so obligated. 5. The City and County will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. 6. The County and City will notify each other at least 24 hours in advance of any maintenance activities requiring a lane closure for work within the other party’s right-of-way. 7. The County will control all parking and other regulations on County roads, subject to any previous Agreements between the City and the County. Page 3 of 4 C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. E. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). F. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through special assessment of County property on County-owned property. G. DATA PRACTICES All data collected, created, received, maintained, disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Page 4 of 4 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mayor Date Board of Commissioners Molly O’Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date )m )m)s GuWX SËSË ?öA@)m)s GuWXGvWXGvWX ?öA@ Sh"19A GsWXSÊ )m)s G«WX G«WXGªWX GªWX )s)m %&f(GrWX GtWX SÉ GvWX GvWX GsWX GrWX GlWX GlWX GlWX GzWXGpWX GpWX GpWX %&f( %&h( %&h( !"b$)n GsWX ?öA@ ?öA@ GoWX Sf"17B GqWX GqWX GeWX GeWX?©A@ ?©A@ GiWX GiWX GlWX?lA@ SÆ SÆ SÆ GuWX GuWX GuWX GuWX !"b$)n !"b$)n GrWX GrWX GrWX GrWX GiWX ?öA@ ?öA@ GuWXGnWXGnWX GnWX GnWX GoWX ?©A@ GdWX SÁ?ÇA@?ÇA@?ÇA@ GqWX GqWX GlWX G§WX U¡WX U¡WX GkWX GkWX GoWX GoWX S¿ S¿ GwWX GwWX GyWX GyWX GjWX?÷A@?÷A@ GuWXG§WX %&h( ?lA@ ?lA@ ?ÇA@ ?¸A@ G|WX ?¸A@ ?¸A@ ?÷A@ )s GgWX GgWX GgWX GgWX GfWX GfWX GfWX GfWX GfWX GhWX GhWX S¸ S¸ GoWX GoWX S¼ S¼ S³ S³ S³GjWX GjWX GdWX GdWX ?öA@ ?öA@ S¬ S¬Sº ?öA@ ?öA@ GfWX GcWXGcWXGcWXGcWXS¸S³GbWX GbWX GbWX GbWX ?öA@ S° S°?øA@?øA@?øA@?øA@ ?øA@?øA@?øA@ SÚ SÚGoWX GoWX GoWX GoWX S« S«S« Sø"A4 U¥WX U¤WX )s )s GaWXGaWX !"`$)s ?öA@ ?öA@ GzWX ?lA@ GfWX SÀ SÍ GlWX )l)l GeWX GkWX S½S¾GwWXG{WW DENMARK TOWNSHIP WOODBURY WEST LAKELAND TOWNSHIP STILLWATER TOWNSHIP STILLWATER OAK PARK HEIGHTS OAKDALE SCANDIA NEWPORT MAY TOWNSHIP MARINE ON ST CROIX MAHTOMEDI LAKE ELMO LAKE ST CROIX BEACH HUGO GRANT FOREST LAKE DELLWOOD COTTAGE GROVE BAYTOWN TOWNSHIP BAYPORT AFTON ST PAUL PARK This map is the result of a compilation and reproduction of land records as they appear in various Washington County offices. This map should be used for reference purposes only. Washington County is not responsible for any inaccuracies. COUNTY ROAD ........................................ U.S. TRUNK HIGHWAY ............................ COUNTY STATE AID HIGHWAY ............... STATE TRUNK HIGHWAY ........................ INTERSTATE HIGHWAY ........................... Road Classification §¨¦494 £¤61 456721 Æÿ74 8 GeWXGlWX GlWX G§WX GeWX 34TH ST N 32ND S T N HELM O A V E N IRIS AVE N IDEAL AV E N L A K E JA N E T R L N 3 1 S T S T N 50TH ST N 44T H S T N IM A T I ON P L 42N D ST N O L S ON L A K E T R L N 40TH ST N 3 6THST N S T I L L W AT E R B LV D N 38TH ST N 39 TH ST N IN T 6 9 4 H A D LEY AV E N H I L LVAL E A V E N HIDDEN B A Y T RL N DEE RPOND T RL N HA M L E T A V E N HILL T R L N OAKDALE LAKE ELMO CSAH 13 - From TH 5 to CSAH 35 Oakdale & Lake Elmo Project # SAP 82-613-033 0 2 4 6 81 Miles 1:250,000Scale / TH 5 / CSAH 35 CSAH 13 (Olson Lake Trl N & Ideal Ave N)Project Location Map SHEET OF DRAWN BY 202 Date License # Print Name: DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION H : \ P r o j e c t s \ 8 9 4 8 \ C A D _ B I M\ P l a n \ 8 9 4 8 _ c p 0 2 . d g n 4 / 7 / 2 0 1 7 1 0 : 5 9 : 2 5 A M ...\CAD_BIM\Plan\8948_cp02.dgn the laws of the State of Minnesota. that I am a duly Licensed Professional Engineer under was prepared by me or under my direct supervision and I hereby certify that this plan, specification, or report WASHINGTON COUNTY C.S.A.H. 13 S. MARTINS COMM. NO. 0158948 J. DAUL B. HOBERT 51790 BENJAMIN J. HOBERT 185-020-003 082-613-033 & STATE AID PROJECT NO. 04/06/17 100 103 G M A T C H L I N E S T A . 1 0 4 + 0 0 . 0 0 M A T C H L I N E S T A . 9 7 + 0 0 . 0 0 S E E B E L O W 85SEE SHEET FOR GENERAL NOTES AND LEGEND. NOTES: G F&I MAIL BOX SUPPORT M A T C H L I N E S T A . 1 1 1 + 0 0 . 0 0 M A T C H L I N E S T A . 1 0 4 + 0 0 . 0 0 S E E A B O V E 105 110 G 86 250 scale in feet 50 { C.S.A.H. 13 S E E S H E E T N O . 8 5 S E E S H E E T N O . 8 7 250 scale in feet 50 3 6 T H S T . N . { C.S.A.H. 13 CONSTRUCTION PLANS EX. R/W EX. R/W EX. R/W EX. PE EX. PE EX. R/W EX. R/W CONSTRUCTION LIMITS CONSTRUCTION LIMITS LIMITS CONSTRUCTION CONSTRUCTION LIMITS 3" BIT. TRAIL 3" BIT. TRAIL 18' 8'8' 18' CONSTRUCTION LIMITS CONSTRUCTION LIMITS +98.1 EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS 3655 3765 3797 SHEET OF DRAWN BY 202 Date License # Print Name: DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION H : \ P r o j e c t s \ 8 9 4 8 \ C A D _ B I M\ P l a n \ 8 9 4 8 _ c p 0 3 . d g n 4 / 7 / 2 0 1 7 1 0 : 5 9 : 2 5 A M ...\CAD_BIM\Plan\8948_cp03.dgn the laws of the State of Minnesota. that I am a duly Licensed Professional Engineer under was prepared by me or under my direct supervision and I hereby certify that this plan, specification, or report WASHINGTON COUNTY C.S.A.H. 13 S. MARTINS COMM. NO. 0158948 J. DAUL B. HOBERT 51790 BENJAMIN J. HOBERT 185-020-003 082-613-033 & STATE AID PROJECT NO. 04/06/17 115113 M A T C H L I N E S T A . 1 1 8 + 0 0 . 0 0 M A T C H L I N E S T A . 1 1 1 + 0 0 . 0 0 S E E B E L O W 85SEE SHEET FOR GENERAL NOTES AND LEGEND. M A T C H L I N E S T A . 1 2 5 + 0 0 . 0 0 M A T C H L I N E S T A . 1 1 8 + 0 0 . 0 0 S E E A B O V E 120 124 G 87 250 scale in feet 50 { C.S.A.H. 13 250 scale in feet 50 S E E S H E E T N O . 8 6 S E E S H E E T N O . 8 8 { C.S.A.H. 13 3 9 T H S T . N . 3 8 T H S T . N . CONSTRUCTION PLANS T R . N . L A K E J A N E S T . N . 4 0 T H NOTES: G F&I MAIL BOX SUPPORT EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/WEX. R/W EX. R/W CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS 8030 8001 EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS 8050 8040 4009 7990 SHEET OF DRAWN BY 202 Date License # Print Name: DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION H : \ P r o j e c t s \ 8 9 4 8 \ C A D _ B I M\ P l a n \ 8 9 4 8 _ c p 0 4 . d g n 4 / 7 / 2 0 1 7 1 0 : 5 9 : 2 6 A M ...\CAD_BIM\Plan\8948_cp04.dgn the laws of the State of Minnesota. that I am a duly Licensed Professional Engineer under was prepared by me or under my direct supervision and I hereby certify that this plan, specification, or report WASHINGTON COUNTY C.S.A.H. 13 S. MARTINS COMM. NO. 0158948 J. DAUL B. HOBERT 51790 BENJAMIN J. HOBERT 185-020-003 082-613-033 & STATE AID PROJECT NO. 04/06/17 126 130 M A T C H L I N E S T A . 1 3 2 + 0 0 . 0 0 M A T C H L I N E S T A . 1 2 5 + 0 0 . 0 0 S E E B E L O W 85SEE SHEET FOR GENERAL NOTES AND LEGEND. M A T C H L I N E S T A . 1 3 9 + 0 0 . 0 0 M A T C H L I N E S T A . 1 3 2 + 0 0 . 0 0 S E E A B O V E 135 138 G 88 250 scale in feet 50 { C.S.A.H. 13 { C.S.A.H. 13 S E E S H E E T N O . 8 7 S E E S H E E T N O . 8 9 250 scale in feet 50 CONSTRUCTION PLANS T R . N . H I D D E N B A Y NOTES: G F&I MAIL BOX SUPPORT EX. R/W EX. R/W EX. R/W EX. R/W CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS CONSTRUCTION LIMITS 8011 8014 4290 SHEET OF DRAWN BY 202 Date License # Print Name: DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION H : \ P r o j e c t s \ 8 9 4 8 \ C A D _ B I M\ P l a n \ 8 9 4 8 _ s t p 0 4 . d g n 4 / 7 / 2 0 1 7 1 1 : 0 0 : 2 5 A M ...\CAD_BIM\Plan\8948_stp04.dgn the laws of the State of Minnesota. that I am a duly Licensed Professional Engineer under was prepared by me or under my direct supervision and I hereby certify that this plan, specification, or report WASHINGTON COUNTY C.S.A.H. 13 S. MARTINS COMM. NO. 0158948 J. DAUL B. HOBERT 51790 BENJAMIN J. HOBERT 185-020-003 082-613-033 & STATE AID PROJECT NO. 04/06/17 126 130CA A A A BB D D M A T C H L I N E S T A . 1 3 2 + 0 0 . 0 0 M A T C H L I N E S T A . 1 2 5 + 0 0 . 0 0 S E E B E L O W 140SEE SHEET FOR GENERAL NOTES. M A T C H L I N E S T A . 1 3 9 + 0 0 . 0 0 M A T C H L I N E S T A . 1 3 2 + 0 0 . 0 0 S E E A B O V E D O N O T P A S S S P E E D L I M I T 4 0 S P E E D L I MI T 4 0 D O N O T P A S S C - 3 C - 1 4 C - 3 C - 1 4 C-13 D W B V 135 138 D D D D D B BBA A A A A A M 1 1 1 11 6 143 250 scale in feet 50 { C.S.A.H. 13 { C.S.A.H. 13 S E E S H E E T N O . 1 4 2 S E E S H E E T N O . 1 4 4 250 scale in feet 50 SIGNING AND STRIPING PLANS T R . N . H I D D E N B A Y NOTES: A 4" SOLID LINE WHITE - EPOXY GR IN (WR) B 4" SOLID LINE YELLOW - EPOXY GR IN (WR) C 4" DOUBLE SOLID LINE YELLOW - EPOXY GR IN (WR) D 4" BROKEN LINE YELLOW - EPOXY GR IN (WR) (10' LINE, 40' GAP) M 4" DOUBLE SOLID LINE YELLOW - PAINT 1 FURNISH & INSTALL 6 INSTALL MARKER SHEET OF DRAWN BY 202 Date License # Print Name: DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION H : \ P r o j e c t s \ 8 9 4 8 \ C A D _ B I M\ P l a n \ 8 9 4 8 _ c n 0 1 . d g n 5 / 2 3 / 2 0 1 7 1 1 : 5 4 : 4 1 A M ...\CAD_BIM\Plan\8948_cn01.dgn the laws of the State of Minnesota. that I am a duly Licensed Professional Engineer under was prepared by me or under my direct supervision and I hereby certify that this plan, specification, or report WASHINGTON COUNTY C.S.A.H. 13 S. MARTINS COMM. NO. 0158948 LEAH GIFFORD L. GIFFORD S. WESTLUND 52263 185-020-003 082-613-033 & STATE AID PROJECT NO. 05/23/17 9 30 930 9 3 5 935 9 40 940 9 4 5 945 945 945 945 945 950 95 0 95 0 95 0 95 0 950 9 5 0 95 5 9 5 5 9 5 5 955 955 9 6 0 9 6 0 9 6 0 9 5 5 9 6 0 9 6 0 9 6 0 960 9 6 0 935 935 935 935 940 94 0 940 940 940 9 4 0 940 945 9 4 5 945 9 5 0 9 5 5 9 6 0 CO CO CO CO CO CO 1 4 1 1 4 2 1 4 3 1 4 4 P.E. P.E. PROP. R/W PROP. R/W PROP. R/W PROP. R/W PROP. R/WT.E. EX. R/W PROP. R/W 220 221 222 109 113112 111110 216114 115 1 : 4 1 : 4 1:4 C A B C R R A B D R D 1 : 4 1:6 100-YR HWL = 940.2 BTM = 935.0 PROP. INFILTRATION BASIN E E NWL = 936.0 BTM = 932.0 PRETREATMENT BASIN F 122 122 122 122 6" PVC PIPE SEWER OUTWARD. INSTALL INFILTRATION AREA MARKER X3-6A FACING LINER ON SHEET . SEE DRAINAGE DETAILS FOR PRETREATMENT BASIN LIMITS SHALL BE OUTSIDE WETLAND BOUNDARY. PROPOSED GRADING AS NEEDED. CONSTRUCTION CONFIRM TOPOGRAPHY NEAR POND OUTLET. ADJUST . CONSTRUCTION. SEE DRAINAGE DETAILS ON SHEET AS A BACKUP SYSTEM AND WILL BE CAPPED DURING TYPICAL SECTION. SUBSURFACE DRAIN IS PLACED SEE DRAINAGE DETAILS FOR BIORETENTION BASE OVERFLOW ON SHEET . SEE DRAINAGE DETAILS FOR PRETREATMENT ON SHEET . SEE DRAINAGE DETAILS FOR EMERGENCY OVERFLOW NOTES: INFILTRATION BASIN CONSTRUCTION NOTES. POLLUTION PREVENTION PLAN (SWPPP) SHEETS FOR SEE WATER RESOURCES NOTES AND STORMWATER (TOP OF SLOPE DRESSING) CONTOURS SHOWN ARE TO FINISHED GRADE. GENERAL NOTES: 1:4 LEGEND XXX XXXR EXISTING MINOR CONTOUR EXISTING MAJOR CONTOUR PROPOSED MINOR CONTOUR PROPOSED MAJOR CONTOUR EXISTING STORM SEWER/CULVERT PROPOSED STORM SEWER/CULVERT CO PROPOSED CLEAN OUT/INSPECTION TEE SUBSURFACE DRAIN RIPRAP DIRECTION OF FLOW PROPOSED MANHOLE PROPOSED APRON PROPOSED CATCH BASIN CONTOUR PLANS 200 40 scale in feet { C.S.A.H. 13 LC CROSS SECTION A-A A B A A C.S.A.H. 13 1: 4 1: 4 1: 41:4 1:4 1:4 200 300 400100 940 960 980 E 100-YR HWL F F F 1 1 05/23/17 BJH LAG LAG POND OUTLET REVISION 154R SHEET OF DRAWN BY 202 Date License # Print Name: DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION H : \ P r o j e c t s \ 8 9 4 8 \ C A D _ B I M\ P l a n \ 8 9 4 8 _ d r d 0 2 . d g n 4 / 7 / 2 0 1 7 1 1 : 0 0 : 0 2 A M ...\CAD_BIM\Plan\8948_drd02.dgn the laws of the State of Minnesota. that I am a duly Licensed Professional Engineer under was prepared by me or under my direct supervision and I hereby certify that this plan, specification, or report WASHINGTON COUNTY C.S.A.H. 13 COMM. NO. 0158948 LEAH GIFFORD L. GIFFORD S. WESTLUND S. WESTLUND 52263 185-020-003 082-613-033 & STATE AID PROJECT NO. 04/06/17 NOT TO SCALE NOT TO SCALE NOT TO SCALE RIPRAP. RANDOM RIPRAP TABULATION FOR QUANTITY OF SEE CONTOUR PLANS FOR LIMITS OF RIPRAP AND NOTES: CROSS SECTION AT CREST OF RIPRAP OVERFLOW SECTION PROFILE OF RIPRAP OVERFLOW AT CENTERLINE ABOVE SEE SECTION FLOW 14' 1: 4 1:4 10' 1: 4 1:4 SEE SECTION ABOVE CL II RIPRAP 12 IN. RIPRAP CL. II AS INDICATED IN TURF ESTABLISHMENT PLANS FILLS VOIDS IN RIPRAP WITH TOPSOIL AND SEED BLANKET PER MNDOT SPEC 3885 CATEGORY 3 EROSION CONTROL DRAINAGE DETAILS 122 NOT TO SCALE 1:4 ( T YP) 1:1.5 T Y P . 2 . 5 ' 1:4 GROUND LINE EXISTING VAR. BIORETENTION BASE TYPICAL SECTION INFILTRATION BASIN WITH RIPRAP OVERFLOW AELEV. BELEV. TOP OF RIPRAP BELEV. APPROXIMATE ELEV. APPROXIMATE ELEV. APPROXIMATE D C TOPSOIL BORROW PLACE FILTER PLACING FILTER TOPSOIL IMMEDIATELY PRIOR TO MINIMUM DEPTH OF 2' LOOSEN SUBGRADE TO A RANDOM RIPRAP T LOCATION OVERFLOW A B C D CLASS II RIPRAP TYPE IV TEXTILE GEO- FT FT FT FT CU YD SQ YD EMERGENCY 941.0 940.5 938.0 939.0 36.5 124.1 PRETREATMENT 938.0 936.0 935.0 935.0 55.2 183.7 MNDOT STD PLATE 3133 PLACED PER THE REQUIREMENTS OF GEOTEXTILE FILTER TYPE IV USE ON-SITE GRANULAR MATERIAL AS DIRECTED BY ENGINEER NOTES: (INCIDENTAL) RECOMPACT EXISTING SOIL SCARIFY, DISK AND SLOPE DRESSING NOT TO SCALE COVER SURROUNDING SUBSURFACE DRAIN (SEE SPEC.) MAINTAIN 4" MINIMUM MEDIUM FILTER AGGREGATE 6" DIAMETER PERFORATED SUBSURFACE DRAINS PLASTIC LINER PLASTIC LINER - PRETREATMENT BASIN 1 1 2 2 ELEVATION NORMAL WATER THE AREA UNDER PIPE APRONS. AS RECOMMENDED BY THE MANUFACTURER, INCLUDING LINER SHALL BE CONSTRUCTED WITH OVERLAPS AND SEAMS INSTALLATION. SPACING OF SUBSURFACE DRAINS. SEE SPECIFICATIONS FOR SEE DRAINAGE PLANS AND CONTOUR PLAN FOR LOCATIONS AND NOTES: OF PRETREATMENT BASIN 2' MINIMUM ABOVE NWL TOP OF LINER TO EXTEND 1 4 " 14" EMBANKMENT 1' GRANULAR OVERFLOW DETAIL SEE RIPRAP GEOTEXTILE FILTER OVERLAP 2' OF LINER UNDER STAFF REPORT DATE: September 18, 2018 CONSENT ITEM # 12 AGENDA ITEM: CSAH 13 (Ideal Avenue) Improvements – Approve Cooperative Agreement Payment No. 5 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Payment No. 5 for the CSAH 13 (Ideal Avenue) Improvements? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: In May 2017, the City of Lake Elmo entered into Cooperative Agreement No. 10904 with Washington County for the cost sharing of the CSAH 13 (Ideal Avenue) Improvements. In accordance with the agreement payment schedule, Washington County has submitted Invoice #145197 in the amount of $56,592.56. The amount requested reflects the City’s share of the construction costs expended to the general contractor and for right-of-way costs incurred to date. The invoice has been reviewed and payment is recommended in the amount requested. Per the attached Billing Summary report the right-of-way costs to date have exceeded the estimated amount provided in the Cooperative Agreement by $42,334.63. Job-to-date construction costs remain under budget by $54,564, however it has been communicated that the construction costs are not yet final. FISCAL IMPACT: No additional fiscal impact. Payment is proposed in accordance with Cooperative Agreement No. 10904 with Washington County. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, payment to Washington County in the amount of $56,592.56 for the CSAH 13 (Ideal Avenue) Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve payment to Washington County in the amount of $56,592.56 for CSAH 13 (Ideal Avenue) Improvements in accordance with Invoice #145197 attached and per Section G of Cooperative Agreement No. 10904.” ATTACHMENTS: 1. Washington County Invoice No. 145197. STAFF REPORT DATE: September 18, 2018 CONSENT ITEM # 13 AGENDA ITEM: 2018 Street Improvements – Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Sue Iverson, Finance Director Sarah Sonsalla, City Attorney Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council call a final assessment hearing for the 2018 Street Improvements project to be held on October 16, 2018? BACKGROUND: The 2018 Street Improvements project is currently in construction with a substantial completion date of September 20, 2018. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties and Call the Hearing on the Proposed Assessment for these improvements. The Assessment Hearing is proposed for October 16, 2018. The Final Assessment Roll must be certified to the County Auditor by November 30, 2018. The estimated total project cost is $1,252,000. The tables below summarize the preliminary unit assessments from the feasibility report and the proposed final unit assessments based on total project costs and the Adopted Feasibility Report recommendations. The attached final assessment roll details the proposed assessment for each parcel. In accordance with the City assessment policy there is one property along the project that is being assessed 50% of the unit assessment because they have a driveway access to two different streets and will be assessed for improvements to each street project. One other property is proposed to be assessed 2-unit assessments because the property could be subdivided under their current zoning and land use designations. Table 1: Assessment Comparison Feasibility Report Unit Assessment Proposed Final Unit Assessment 2018 Streets Improvements – (Residential Properties) $5,000 $5,000 *Assessments for street improvements are being levied over 15 years. FISCAL IMPACT: The total project cost is $1,252,000 with $377,500 paid through special assessments and the remaining $874,500 paid through the general tax levy. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, a Resolution declaring the costs to be assessed; ordering the preparation of the proposed assessments and Calling for the Hearing on the proposed Assessments for October 16, 2018 at or around 7:00 pm. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Resolution No. 2018-107; A Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for the Hearing on the Proposed Assessment for the 2018 Street Improvements.” ATTACHMENTS: 1. Resolution Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-107 A RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENTS, AND CALLING HEARING ON PROPOSED ASSESSMENT FOR THE 2018 STREET IMPROVEMENTS WHEREAS, estimated total project costs have been calculated for the 2018 Street Improvements; and WHEREAS, the total cost of the improvements will be $1,252,000. WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. NOW, THEREFORE, BE IT RESOLVED, 1. The portion of the cost of such street improvements to be paid by the City is hereby declared to be $874,500 and the portion of the cost to be assessed against benefited property owners is declared to be $377,500. 2. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 3. Assessments shall be payable in equal annual installments extending over 15 years for street improvements, the first of the installments to be payable on or before the first Monday in January, 2019, and shall bear interest at the rate of 4.00 percent per annum from the date of the adoption of the assessment resolution. 4. A public hearing shall be held on the 16th day of October, 2018, in the Council Chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. A property owner may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE EIGHTEENTH DAY OF SEPTEMBER, 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT 2018 STREET IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the Council Chambers of the City Hall at or approximately after 7:00 P.M. on Tuesday, October 16, 2018, to consider, and possibly adopt, the proposed assessment against abutting property for the 2018 Street Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: Street and drainage improvements including a new bituminous pavement supported by a renewed recycled aggregate base with new concrete curb and gutter, and a repair or restoration of the existing street drainage system for the following streets: • Jane Road North, from Lake Jane Trail North to Jamaca Avenue North. • Jane Court North, from Jane Road North to end of cul-de-sac. • Jamaca Avenue North, from Jane Road North to Jamaca Avenue North. • Jerome Avenue North, from 49th Street North to 53rd Street North. • Jerome Avenue Court North, from Jerome Avenue North to end of cul-de-sac. • 53rd Street North, from Jamaca Boulevard North to 9480 53rd Street North. You may at any time prior to certification of the assessment to the county auditor on November 15, 2018, pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 31 (date assessment certified to County Auditor) or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.00 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 15 years for street and drainage improvements, the first of the installments to be payable on or before the first Monday in January 2019 and will bear interest at the rate of 4.00 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed street improvement assessment is $377,500. The City contribution for the overall improvement project is $874,500. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council is authorized in its discretion to defer the payment of an assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s military orders, for whom it would be a hardship to make the payments. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: September 18, 2018 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on September 26, 2018) CITY OF LAKE ELMO, MN. SEPTEMBER 2018 2018 STREET IMPROVEMENTS FINAL ASSESSMENT ROLL PAGE 1 NO.NAME PID AMOUNT JANE ROAD N: LAKE JANE TRAIL N TO JAMACA AVE N 1 TRS AGR JEFFERY & LEEANN LEITC 9025 JANE RD N 9025 JANE RD N LAKE ELMO MN 55042 1002921220003 $5,000.00 2 BRASH JASON M & TARA M 9030 JANE RD N 9030 JANE RD N LAKE ELMO MN 55042 1002921220010 $5,000.00 3 KENNEDY KIRBY A & MARILYN J 9051 JANE RD N 9051 JANE RD N LAKE ELMO MN 55042 1002921220014 $5,000.00 4 HOMNICK PAUL & KATELYNN KEIR 9060 JANE RD N 9060 JANE RD N LAKE ELMO MN 55042 1002921220009 $5,000.00 5 THOMPSON JAMES E & DENISE M EL 9077 JANE RD N 9077 JANE RD N LAKE ELMO MN 55042 1002921220015 $5,000.00 6 MECHELKE RENEE F 9090 JANE RD N 9090 JANE RD N LAKE ELMO MN 55042 1002921220008 $5,000.00 7 ZITON DEXTER J & TONI E 9109 JANE RD N 9109 JANE RD N LAKE ELMO MN 55042 1002921220004 $5,000.00 8 BAUERFELD WARREN JR & BARBARA 9112 JANE RD N 9112 JANE RD N LAKE ELMO MN 55042 1002921220017 $5,000.00 9 O’SULLIVAN BASIL J JR 9133 JANE RD N 9133 JANE RD N LAKE ELMO MN 55042 1002921220006 $5,000.00 10 SINGER DONALD R & LORETTA L 9161 JANE RD N 9161 JANE RD N LAKE ELMO MN 55042 1002921220005 $5,000.00 11 KLECKER KATHRYN IRV TRS 9199 JANE RD N 9199 JANE RD N LAKE ELMO MN 55042 1002921220002 $5,000.00 12 QUINN LISA J & TERENCE S 9220 JANE RD N 9220 JANE RD N LAKE ELMO MN 55042 1002921220019 $5,000.00 13 MARTIN DOROTHY L 9233 JANE RD N 9233 JANE RD N LAKE ELMO MN 55042 1002921220001 $5,000.00 14 OLSEN BRIAN R & DEANA M 9287 JANE RD N 9287 JANE RD N LAKE ELMO MN 55042 1002921210003 $5,000.00 15 DROMMERHAUSEN SCOTT A & JULIE 9359 JANE RD N 9359 JANE RD N LAKE ELMO MN 55042 1002921240006 $5,000.00 16 OFFORD DAVID R & HEIDE M 9369 JANE RD N 9369 JANE RD N LAKE ELMO MN 55042 1002921240007 $5,000.00 17 TRAN NANG TRI & THU HUONG 9393 JANE RD N 7970 DEMONTREVILLE TRL N LAKE ELMO MN 55042 1002921240008 $5,000.00 18 VANDEMMELTRAADT MARK & SHARON 9397 JANE RD N 9399 JANE RD N LAKE ELMO MN 55042 1002921240009 $5,000.00 19 KOREN CHRISTOPHER 9406 JANE RD N 9406 JANE RD N LAKE ELMO MN 55042 1002921240020 $5,000.00 20 FOSTER DOUGLAS A & JILL M 9409 JANE RD N 9409 JANE RD N LAKE ELMO MN 55042 1002921240010 $5,000.00 21 HAMERLY JOHN P & LAURIE J 9429 JANE RD N 9429 JANE RD N LAKE ELMO MN 55042 1002921240011 $5,000.00 22 VOSBERG DARYL E & HEIDY M 9436 JANE RD N 9436 JANE RD N LAKE ELMO MN 55042 1002921240033 $5,000.00 23 KIMLINGER GARY P & REBECCA L 9461 JANE RD N 9461 JANE RD N LAKE ELMO MN 55042 1002921240013 $5,000.00 24 HEROFF GERALD S JR & LISA M 9477 JANE RD N 9477 JANE RD N LAKE ELMO MN 55042 1002921240012 $5,000.00 25 AARON R & JESSICA A RUNK LIV T 9497 JANE RD N 9497 JANE RD N LAKE ELMO MN 55042 1002921240015 $5,000.00 26 FUHRMAN MARINA 9498 JANE RD N 9498 JANE RD N LAKE ELMO MN 55042 1002921240032 $5,000.00 JANE COURT N: JANE ROAD N TO DEAD END 27 DEGERSTROM JAMES & ROSE STARK 9260 JANE CT N 9260 JANE CT N LAKE ELMO MN 55042 1002921210017 $5,000.00 28 SCHOONOVER GARY W & GRACE 9317 JANE CT N 9317 JANE CT N LAKE ELMO MN 55042 1002921210006 $5,000.00 29 HAU DONALD M & VALERIE SUE 9330 JANE CT N 9330 JANE CT N LAKE ELMO MN 55042 1002921210008 $5,000.00 30 MORGAN SPENCER L & DAVID H 9337 JANE CT N 9337 JANE CT N LAKE ELMO MN 55042 1002921210005 $5,000.00 31 CREPEAU ALIXANDRA & ERIC POPPE 9357 JANE CT N 9357 JANE CT N LAKE ELMO MN 55042 1002921210004 $5,000.00 32 BENESCH GREGORY P 9377 JANE CT N 9377 JANE CT N LAKE ELMO MN 55042 1002921240027 $5,000.00 33 FORSTER STEVEN C & JANE E 9397 JANE CT N 9397 JANE CT N LAKE ELMO MN 55042 1002921240026 $5,000.00 34 WALFOORT MICHAEL R 9407 JANE CT N 9407 JANE CT N LAKE ELMO MN 55042 1002921240025 $5,000.00 35 VINCENT M HARNICK TRS 9417 JANE CT N 9417 JANE CT N LAKE ELMO MN 55042 1002921240024 $5,000.00 36 COLIANNI JOSEPH W & MARSHA K 9427 JANE CT N 9427 JANE CT N LAKE ELMO MN 55042 1002921240023 $5,000.00 37 PAULSON THOMAS E & BONNIE J 9437 JANE CT N 9437 JANE CT N LAKE ELMO MN 55042 1002921240022 $5,000.00 38 BURKHART DAVID & LISA ANDREW‐BURKHART 9447 JANE CT N 9447 JANE CT N LAKE ELMO MN 55042 1002921240021 $5,000.00 39 BURRESS PATRICK M & SHAWN M 9441 JANE CT N 9441 JANE CT N LAKE ELMO MN 55042 1002921240029 $5,000.00 40 BARRERA SUSAN M 9420 JANE CT N 9420 JANE CT N LAKE ELMO MN 55042 1002921240031 $10,000.00 SUBTOTAL 205,000.00$ ADDRESS MAILING ADDRESS CITY OF LAKE ELMO, MN. SEPTEMBER 2018 2018 STREET IMPROVEMENTS FINAL ASSESSMENT ROLL PAGE 1 NO.NAME PID AMOUNT JAMACA AVE N: JANE ROAD N TO JAMACA AVE N 41 KOSTICHKA STEVEN D & HILARY S 4940 JAMACA AVE N 4940 JAMACA AVE N LAKE ELMO MN 55042 0902921110017 $5,000.00 42 HUOT PAUL F & JEANINE E 4955 JAMACA AVE N 4955 JAMACA AVE N LAKE ELMO MN 55042 1002921220011 $5,000.00 43 MAXEY JOSEPH D & PATRICIA M 4960 JAMACA AVE N 4960 JAMACA AVE N LAKE ELMO MN 55042 0902921110018 $5,000.00 44 JACKSON GERALD A & DEBRA A 4990 JAMACA AVE N 4990 JAMACA AVE N LAKE ELMO MN 55042 0902921110019 $5,000.00 45 MARY QUANBECK BARBER TRS 4995 JAMACA AVE N 4995 JAMACA AVE N LAKE ELMO MN 55042 1002921220012 $5,000.00 46 CODERRE JAMES C & CHERYL A 5020 JAMACA AVE N 5020 JAMACA AVE N LAKE ELMO MN 55042 0402921440003 $5,000.00 47 CLAUDE E CYBULSKI TRS 5025 JAMACA AVE N 5025 JAMACA AVE N LAKE ELMO MN 55042 0302921330007 $5,000.00 48 FOSSEY MITCHELL S & AMY B 5040 JAMACA AVE N 5040 JAMACA AVE N LAKE ELMO MN 55042 0402921440004 $5,000.00 49 NEBUR MICHAEL J & LINDA S GILB 5055 JAMACA AVE N 5055 JAMACA AVE N LAKE ELMO MN 55042 0302921330008 $5,000.00 50 ELIZABETH A PETERSON REV TRS 5060 JAMACA AVE N 5060 JAMACA AVE N LAKE ELMO MN 55042 0402921440005 $5,000.00 51 RESEMIUS WILLIAM H & MARY B 5080 JAMACA AVE N 5080 JAMACA AVE N LAKE ELMO MN 55042 0402921440006 $5,000.00 52 GROSS CHRISTOPHER L & KATHLEEN 5111 JAMACA BLVD N 5111 JAMACA BLVD N LAKE ELMO MN 55042 0302921330009 $2,500.00 JEROME AVE N: 49 TH ST N TO 53RD ST N 53 TRS AGR FRIEDRICH & IWONA SRIENC 4955 JEROME AVE N 4955 JEROME AVE N LAKE ELMO MN 55042 1002921210023 $5,000.00 54 MARTIN NAOMI J & DAVID 5055 JEROME AVE N 5055 JEROME AVE N LAKE ELMO MN 55042 0302921340006 $5,000.00 55 WEBBER WALTER J & DORIS L 5080 JEROME AVE N 5080 JEROME AVE N LAKE ELMO MN 55042 0302921330016 $5,000.00 56 KRAHN RICHARD R & ELEANOR L 5170 JEROME AVE N 5170 JEROME AVE N LAKE ELMO MN 55042 0302921330015 $5,000.00 57 JEAN GRAY DUNBAR TRS AGR 5230 JEROME AVE N 5230 JEROME AVE N LAKE ELMO MN 55042 0302921340005 $5,000.00 58 AMUNDSON RODNEY E & CAROL F 5277 JEROME AVE N 5277 JEROME AVE N LAKE ELMO MN 55042 0302921340013 $5,000.00 JEROME AVE CT N: JEROME AVE N TO DEAD END 59 KROUSE RUSHFORD W & MARY W 5217 JEROME AVE CT N 5217 JEROME AVE CT N LAKE ELMO MN 55042 0302921340007 $5,000.00 60 GRAVES CHARLES W & CAROL A 5227 JEROME AVE CT N 5227 JEROME AVE CT N LAKE ELMO MN 55042 0302921340008 $5,000.00 61 ABBOTT MICHAEL W & MARIANNE M 5237 JEROME AVE CT N 5237 JEROME AVE CT N LAKE ELMO MN 55042 0302921340009 $5,000.00 62 MELIN GARY R & ELIZABETH 5247 JEROME AVE CT N 5247 JEROME AVE CT N LAKE ELMO MN 55042 0302921340010 $5,000.00 63 MONSON FAMILY LIVING TRS 5257 JEROME AVE CT N 5257 JEROME AVE CT N LAKE ELMO MN 55042 0302921340011 $5,000.00 64 SPOFFORD NEIL K & MARGARET A 5267 JEROME AVE CT N 5267 JEROME AVE CT N LAKE ELMO MN 55042 0302921340012 $5,000.00 53RD STREET: JAMACA BLVD N TO 9480 53 RD ST N 65 CITY OF LAKE ELMO 3880 LAVERNE AVE N LAKE ELMO MN 55042 0302921330001 $10,000.00 66 FANG RICHARD S & MARY K 9220 53 RD ST N PO BOX 73 LAKE ELMO MN 55042 0302921310006 $5,000.00 67 ALME DENNIS F & COLLEEN C 9280 53 RD ST N 9280 53 RD ST N LAKE ELMO MN 55042 0302921340003 $5,000.00 68 CROSS SUE E 9287 53 RD ST N 9287 53 RD ST N LAKE ELMO MN 55042 0302921340004 $5,000.00 69 JOHN W THATCHER TRS & LAVERNE 9320 53 RD ST N 9320 53 RD ST N LAKE ELMO MN 55042 0302921340002 $5,000.00 70 EDITH JOAN NICHOLSON TRS 9355 53 RD ST N 9355 53 RD ST N LAKE ELMO MN 55042 0302921340014 $5,000.00 71 WEGWERTH RUSSELL W & JANA L 9377 53 RD ST N 9377 53 RD ST N LAKE ELMO MN 55042 0302921340015 $5,000.00 72 PETERSON DALE D & JACLYN G 9380 53 RD ST N 9380 53 RD ST N LAKE ELMO MN 55042 0302921340001 $5,000.00 73 HINIKER JAMES & KATHRYN ROBERT 9400 53 RD ST N 9400 53 RD ST N LAKE ELMO MN 55042 0302921310005 $5,000.00 74 OSMUNDSON MICHAEL H & LINDA M ARMSTRONG 9440 53 RD ST N 9440 53 RD ST N LAKE ELMO MN 55042 0302921310004 $5,000.00 SUBTOTAL: PAGE 2 172,500.00$ SUBTOTAL: PAGE 1 205,000.00$ TOTAL ASSESSMENTS 377,500.00$ ADDRESS MAILING ADDRESS STAFF REPORT DATE: September 18, 2018 CONSENT ITEM #: 14 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Conditional Job Offer to Part Time Firefighter Applicants, Dean Knowles and Brian Talcott REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The City advertised for applications for Part Time Firefighter positions. On Wednesday, September 5th applicants were interviewed by staff. ISSUE BEFORE COUNCIL: Should the Council make a conditional job offer to Dean Knowles and Brian Talcott, to allow them to continue in the hiring process? PROPOSAL DETAILS/ANALYSIS: Staff is recommending the Council make the offer to both applicants to allow them to proceed in the process. Both applicants have met the minimum requirements of the hiring process as well as the interview process. Upon approval of this Conditional Job Offer applicants will move forward in the process. Pending successful completion of the following: 1) Ability Test, 2) Pre-Placement Physical and 3) Psychological Evaluation, applicants will be placed on the department as Part Time Firefighters under a six month probationary period. FISCAL IMPACT: Psychological Exam = $425.00 x 2, Preplacement Physical Exam = $363.00 x 2 for a total of $1576.00. Wage of $17.00/hour when shift coverage starts. Wage and benefits are provided within the 2018 adopted budget. OPTIONS: 1) Make conditional job offer to continue with process. 2) Do not approve conditional job offers RECOMMENDATION: If removed from consent agenda: Motion of a conditional job offer to Dean Knowles and Brian Talcott, to allow them to continue with and complete the additional requirements of the hiring process. 1) Ability Test, 2) Pre- Placement Physical and 3) Psychological Evaluation. ATTACHMENTS: None STAFF REPORT DATE: September 18, 2018 CONSENT #15 AGENDA ITEM: Master Services Agreement for Planning Services SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: In the past the city has used Sambatek (specifically Ben Gozola) to help with planning items when demand exceed the ability of current staff. Unfortunately, Mr. Gozola is no longer with Sambatek as he has taken a Planning Director position with another City. Since he is no longer in the consultant business, staff is seeking another consultant to help fill the gap as the City begins the process to hire a new Planning Director. ISSUE BEFORE COUNCIL: Should the Council approve the master services agreement with Swanson Haskamp Consulting LLC? PROPOSAL: Director Becker and I met with Jennifer Haskamp to discuss the possibility of her providing interim planning services as the City searches for a new Planning Director. Since Jennifer and her team had been involved with the Comprehensive Plan update, staff felt her familiarity with the city was an advantage in providing short term services. Ms. Becker’s last day with the city is anticipated to be September 25th. While the City has begun the recruitment process, we anticipate the position will not be filled until November so we’re looking to fill the gap for about a month. Included in your packet is the Master Services Agreement, Lake Elmo Addendum and Fee schedule. The agreements have been reviewed by the City Attorney who found no issues. FISCAL IMPACT: Fee schedule is included in your packet. It is anticipated that most of the fees would be reimbursed by applicants. OPTIONS: 1) Approve the master services agreement 2) Amend and then approve the master services agreement 3) Do not approve the master services agreement MOTION: If removed from the consent agenda: “Motion to approve the Master Services Agreement with Swanson Haskamp Consulting LLC.” ATTACHMENTS: • Master Services Agreement • Lake Elmo Addendum • Fee Schedule MASTER SERVICES AGREEMENT BETWEEN SWANSON HASKAMP CONSULTING, LLC AND THE CITY OF LAKE ELMO FOR PROJECT AND GENERAL PLANNING SERVICES The Agreement (“Agreement”) is made as of September __, 2018 and between, the City of Lake Elmo (“Client”), 3800 Laverne Avenue N., Lake Elmo, MN 55042, and Swanson Haskamp Consulting, LLC (“SHC”), 246 S Albert Street, Suite 2A, St. Paul, MN 55105, to provide professional Planning Services by SHC in connection with projects and services as requested 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 Client (hereinafter referred to as “Services”). Jennifer will work collaboratively with the Client to establish the scope of services and define and identify the priorities to be completed as a part of this contract. SHC shall only perform work when verbal or written direction is provided by the Client throughout the duration of this contract. Specific Services shall be addressed by Addendum and appended and incorporated into this Master Services Agreement. 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, in connection with SHC’s services are expressly disclaimed. Period of Service This contract shall be effective until directed by the Client, but shall not exceed 12 months. Compensation SHC shall be paid for Services provided in accordance with the attached rate schedule found in Attachment 1. Billings will be submitted monthly 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 Services 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 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 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 shall designate a representative authorized to act on the Client’s behalf with respect to any Project or Services. The Client or such designated representative shall render decisions in a timely manner pertaining to documents submitted by SHC in order to avoid unreasonable delay in the orderly and sequential progress of the Services. 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 any Project are instruments of SHC’s service for use solely with respect to the Client and, unless otherwise provided, 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 Planner Printed Name Date 09/12/2018 Addendum #1 to MSA dated , 2018 1 Addendum 1 to Master Services Agreement (“MSA”) dated September __, 2018 I. Scope of Services SHC shall perform interim daily planning services for the Client as the Client searches for a new Planning Director. Interim daily services will be provided until otherwise directed but are expected to terminate when a new Planning Director has been hired. Interim daily planning services shall have the following meaning in this Addendum: • Provide review, assistance and presentation as directed for development applications. Prepare and or review staff reports, resolutions, development agreements, and other planning documents as needed and directed. • Review draft documents prepared by City Staff as requested. • Provide assistance to City Staff regarding planning questions that may arise on a daily or periodic basis. • Attend Planning Commission and City Council meetings if planning items are present on the agenda. • Attend internal meetings as requested and directed by the City Staff, which may include preapplication meetings with applicants and/or residents. II. Miscellaneous: This Addendum does not include Services related to ordinance development/update, or adjustments to the 2040 Comprehensive Plan Update. Separate Addenda to address project related planning services including cost and schedule will be appended to this MSA as Addenda if and when directed and approved by the Client. III. Fee Summary: SHC will bill on an hourly bases per the fee the schedule provided as Attachment 1. Flat Meeting rates shall apply only to Planning Commission and City Council meetings and such costs include travel time and up to three (3) hours of meeting time. If meetings exceed three (3) hours, then standard hourly rates shall be applied to the excess time. Attachment 1: Fee Schedule (2018) Service Rate Principal Planner $135/Hour Senior Planner/Landscape Architect $120/Hour Project Planner $105/Hour Hourly Rate - Technical Analysis GIS Mapping Document Layout Graphics $90/Hour Flat Meeting Rate * Planning Commission Meeting Attendance City Council Meeting Attenance $270 Mileage rate (Standard IRS rate)$0.54/mile Printing and Mailing Services**Actual Expenses * Flat meeting rate shall include travel time and up to 3-hours of meeting time. ***Daily printing and small print will not be charged. Large scale or large quantity print jobs will be billed at actual expense rates. STAFF REPORT DATE: September 18, 2018 REGULAR AGENDA ITEM: Reconsideration of Tablyn Park Improvements SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: At the September 4, 2018 Council meeting, the Council approved two additional light poles at Tablyn but sent the request related to parking back to the Parks Commission on a 4-1 vote. Mayor Pearson voted on the prevailing side but has since requested that the vote be reconsidered? ISSUE BEFORE COUNCIL: Should the Council approve a motion to reconsider the vote to send the Tablyn Park Improvements back to the Parks Commission from the September 4, 2018 meeting? PROPOSAL: Mayor Pearson would like to reconsider the vote to send the Tablyn Park Improvements back to the Parks Commission. The motion was: Councilmember Fliflet, seconded by Councilmember Lundgren moved TO REFER ITEM 15 BACK TO THE PARKS COMMISSION IN LIGHT OF NEW INFORMATION RECEIVED SINCE THEY LAST CONSIDERED IT. Motion passed 4 – 1. (Bloyer – nay) If the motion to reconsider is approved by a majority of the Council then the issue of improvements at Tablyn Park is back before the Council for debate and consideration. FISCAL IMPACT: NA OPTIONS: 1) Approve the motion to reconsider 2) Do not approve the motion to reconsider MOTION TO RECONSIDER: Motion to reconsider the vote to refer item 15 back to the Parks Commission in light of new information received since they last considered it. ATTACHMENTS: •Original staff report and packet item form September 4, 2018 meeting # 16 STAFF REPORT DATE: September 4, 2018 REGULAR ITEM #: 15 MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Capital Improvements – Tablyn Park REVIEWED BY: Kristina Handt, Administrator BACKGROUND: Based off the scheduled capital improvements the Planning and Public Works department would like to begin procedure of executing the outlined improvements for Tablyn Park. The Parks commission had a chance to review the capital improvements for the park on January 7th 2018 and later revisited the topic to further address the need for parking. Recommendations from the January 7th 2018 meeting were to: - Remove the basketball court and replace with parking - Move the swing set/play area down the hill Since then the recommendations have changed significantly and are outlined below. ISSUES BEFORE CITY COUNCIL: Does the Council support the recommendation of the Parks Commission for Tablyn Park Improvements? PROPOSAL DETAILS/ANALYSIS: January 7th 2018 Meeting: The commission recommended removal of the basketball court to replace with parking as well as move the swing set down the hill to be with the other equipment. Staff does not necessarily feel that removal of the equipment will provide more of a benefit than other options. Removal of the swing set as well as basketball court will provide the park with 18 parking spaces. However, staff also does not feel that the structural integrity of the swing set could be maintained if it were to be moved. The City would have to purchase a new swing set. August 20th 2018 meeting: The commission was presented with the options listed below at the August 20th meeting. The Tablyn Park improvements consist of adding lighting and additional parking to the parking area/sliding hill to increase safety, at a cost of $55,000. In an effort minimize impact to the park and maximize usable park amenities the following possibilities were presented. Staff had encouraged the options outlined below. 1. Extend the current parking lot to the north 60’-80’ along the park entrance road. This would add 6-8 additional parking stalls and not require removal of the basketball court or swings. Approximate cost $12,000 - $15,000 2. Post the eastern side of the park entrance (along the sliding hill) no parking while allowing parking on the western side of the entrance. This would improve visibility and safety to those on the sledding hill while encouraging users to park on the western side of the park entrance and not require removal of the swings or basketball court. Approximate cost $1,000. Page 2 Park lighting upgrades through Xcel Energy will consist of one to two additional light poles being installed to provide lighting to the parking lot and sliding hill. Based on pricing from the 2016 light installation our estimate for additional lighting is $10,000. The Commission did not follow the recommendation to expand the parking lot to the north. FISCAL IMPACT (2018): Tablyn Improvements $25,000 - $55,000 OPTIONS: 1) Motion to approve the recommendation of the Parks Commission 2) Motion to approve improvements with amendments to the plan 3) Motion to deny improvements RECOMMENDATION: Parks Commission: The recommendation of the parks commission is as follows “Motion to recommend improvements to Tablyn Park as follows, add a gravel parking lot in the lower area (north), add lighting for the gravel lot and asphalt lot, sign the east side of the entrance road as no parking and allow parking on the west side, stripe the existing parking spots as well as the newly created spots on the entrance road, and add a split rail fence at the top of the hill to create separation. If the Council still chooses to follow the recommendation of the Commission staff would be inclined to close the lot during the spring months to prevent ruts and damage to the lot. The primary purpose would be to serve the winter parking needs. “Motion to approve the Parks Commission recommendation and seek bids to construct a gravel parking lot in the lower area (north), add lighting for the gravel lot and asphalt lot, sign the east side of the entrance road as no parking and allow parking on the west side, stripe the existing parking spots as well as the newly created spots on the entrance road, and add a split rail fence at the top of the hill to create separation” Staff Comments: Staff does not support the recommendation to create a gravel lot in the lower section of the park. Creating this lot would have the possibility to conflict with the sliding hill in which hill users could collide with parked cars, sledders my also not be visible to cars entering and exiting the lot. Also, after communicating with the company that would stripe the entrance road for parallel parking, they encouraged dismissal of this idea because of potential sightline issues due to the grade and curvature of the road. Because of this, staff is not inclined to support this aspect of the recommendation. Staff still recommends expanding the lot to the north which is expected to add 6-8 additional spots totaling 16-18. ATTACHMENTS: • Parking Lot Design Options o A, B, C, and D Washington County, MN August 28, 2018 0 40 8020 ft 0 10 205 m 1:500 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Washington County, MN August 27, 2018 0 20 4010 ft 0 7 143.5 m 1:250 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Washington County, MN August 27, 2018 0 20 4010 ft 0 7 143.5 m 1:250 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Washington County, MN August 30, 2018 0 110 22055 ft 0 30 6015 m 1:1,200 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. STAFF REPORT DATE: September 18, 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. - There is no longer a lot size requirement to meet before requesting a variance 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. RECOMMENDATIONS AND COMMENTS: Planning Commission Recommendations: Tree Preservation - To add a definition for Ornamental Trees – Passed 7-0 - Remove Specimen trees section 11. D. – Passed 7-0 - To call out Buckthorn in the noxious or invasive tree definition – Passed 7-0 - Remove box elder and cotton wood trees from the common tree definition – Passed 4-3 - The ordinance passed with amendments 7-0 Parking lot Screening - Recommend making no change to the parking lot screening requirements – Passed 6-1 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 and staff is in support of the amendments. 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 language to the Environmental Performance Chapter” And “Motion to adopt Resolution 2018-087 authorizing summary publication of Ordinance 08-220” ATTACHMENTS: Ordinance 08-220 Resolution 2018-087 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-220 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.b. 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.c. 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 08-220 was published on the ____ day of ___________________, 2018. 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. 08-220, 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. The lot size requirement for a variance request has also been removed. - A definition for ornamental trees has been added and may now count towards landscape 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: September 18, 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: 9/18/2018 REGULAR ITEM #: 18 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Boulder Ponds 4th Addition Final Plat and Planned Unit Development (PUD) Plans REVIEWED BY: Jack Griffin, City Engineer BACKGROUND: The City has received an application from Trident Development, LLC for Final Plat and PUD Plans for Outlots B and C of Boulder Ponds 1st Addition. ISSUE BEFORE COUNCIL: The Council is being asked to consider the request for approval of Final Plat and PUD Plans for a 3.68 acre development of Outlot B (1.44 acres) and Outlot C (2.24 acres) of Boulder Ponds. The development will consist of a 95 unit senior care facility to include 28 memory care units and 67 assisted living units along with resident services. PROPOSAL DETAILS/ANALYSIS: Applicants: Trident Development, LLC, 3601 18th Street South, St. Cloud, MN 56301 Property Owners: OP4 Boulder Ponds, LLC, 11445 Viking Drive, Ste 350, Eden Prairie, MN 55344 Location: Outlots B and C, Boulder Ponds, PID#s 34.029.21.33.0023 and 34.029.21.33.0024 Request: Final Plat and PUD Plans for Boulder Ponds 4th Addition to congregate housing with accessory services Existing Land Use: Vacant property City Council Meeting 9/18/2018 Item #18 Page 2 Existing Zoning: HDR – High Density Residential Surrounding Land Use / Zoning: South – I-94 and Woodbury; West – Boulder Ponds outlot and Park Dentail (BP – Business Park); East – Vacant land, Outlot F Boulder Ponds (C - Commercial); North – Single Family Residential Housing (LDR – Low Density Residential) Comprehensive Plan Guidance: Commercial/Medium Density Residential History Boulder Ponds PUD General Concept Plan approval: 12/17/2013 by Resolution 2013-109; Boulder Ponds PUD Preliminary Plat and PUD Plans approval: 9/16/2014 by Resolution 2014-073; Boulder Ponds 1st Addition Final Plat approval (platting the outlots): 4/21/2015 by Resolution 2014-023; Boulder Ponds Zoning Map and PUD Amendment: 12/6/2016 by Ord. 08-149 Deadline(s) for Action: Application Complete – 7/27/2018 60 Day Deadline – 9/25/2018 Extension Letter Mailed – No 120 Day Deadline – N/A Applicable Regulations: Chapter 153 – Subdivision Regulations §154.210 – Off-Street Parking Article XII: Urban Residential Districts §154.258: Landscape Requirements Reason for a PUD. The outlots on which the development is proposed are part of the Boulder Ponds PUD. It was indicated in the PUD Concept Plan for Boulder Ponds that the PUD would contain 93 single family homes and a senior housing multi-family residential building. Identified Objectives. When reviewing requests for approval of a planned unit development, the City shall consider whether one or more of the objectives outlined within the PUD ordinance will be served or achieved. Staff believes that the following objectives are being met with the proposed development: • Promotion of integrated land uses, allowing for a mixture of residential, commercial, and public facilities. • Provision of more adequate, usable, and suitably located open space, recreational amenities and other public facilities than would otherwise be provided under conventional land development techniques. • Accommodation of housing of all types with convenient access to employment opportunities and/or commercial facilities; and especially to create additional opportunities for senior and affordable housing. City Council Meeting 9/18/2018 Item #18 Page 3 Minimum Requirements. It has already been determined with the Boulder Ponds Preliminary Plat the minimum requirements of a PUD have been met. Amenities. It is of the opinion of Staff that the provision of senior housing is an amenity in and of itself. It was communicated during the Concept Plan that this area would be senior housing, and the Comp Plan supports senior housing initiatives within the sewered areas of the City. Additionally, the PUD ordinance indicates that underground or structured parking that is integrated into the primary structure warrants amenity points for increased density (5-10 points). PUD Allowed Development. Per the City’s PUD Ordinance, uses within a PUD may include only those uses generally considered associated with the general land use category shown for the area on the official Comprehensive Land Use Plan. Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the acceptance of the development plan. Any change in the list of uses approved in the development plan will be considered an amendment to the PUD, and will follow the procedures specified in Article 5, Section 154.105 for zoning amendments. Proposed Uses. The applicant has proposed the following uses for the property. While some of these uses are conditional within the High Density Zoning District, because the PUD ordinance, as mentioned above, outlines that uses delineated within a PUD application may become permitted, these uses would not require a conditional use permit. • Congregate Housing. The Zoning Code defines congregate housing as a dwelling providing shelter and services for the elderly, which may include meals, housekeeping, and personal care assistance and minor medical services, but not intermediate, long term, or extended nursing care for residents. Senior assisted living dwellings and senior memory care dwellings are being proposed. o Congregate housing is a conditional use within the high density zoning district, and so Staff would support this use becoming permitted within this development. • Food Services. These will be provided by onsite staff and third-party vendors. The project will include a commercial kitchen, which will be inspected and licensed through the State Department of Health and Washington County. Food services will include food preparation, cooking, and serving. o This is an accessory use to congregate housing and will provide food to residents and guests solely, not open to the public. • Beauty Salon. This will be provided by a third party beautician and will be inspected and licensed through the State Department of Health. o This is also an accessory use to congregate housing and will not be available to the public. Density. The PUD Concept Plan had originally proposed a 64-unit senior housing facility. However, it was explained in the Staff Report to the Planning Commission dated 12/9/2013 that the applicants had City Council Meeting 9/18/2018 Item #18 Page 4 submitted a density analysis worksheet to present the gross densities associated with the low density and medium density areas. Due to the fact that 5th Street (which serves as the boundary between the low density and medium density areas) had been moved to the south, the Boulder Ponds development included more low density residential than was planned for in the 2030 Comprehensive Plan as shown below. The 2030 Comprehensive Plan showed a total of 36.76 acres of medium density residential area and 7.26 acres of low density residential area within the medium within the development. Therefore, using the lower ends of the allowed density within these land uses, the entire development was to have a total of 183 units (18 units within the low density residential area and 165 units within the medium density residential). The approved development has approximately 46 acres of low density residential area, and contain 93 units. Therefore, at least 90 more units should be within the development, and with the PUD, it is reasonable for this amount to be increased to 95 units. Zoning Map and PUD Amendment. A zoning map/PUD amendment was requested to rezone Outlots B and C to High Density Residential and was approved in December of 2016 by Ord. 08-149. While the Concept Plan and Preliminary Plat had proposed 64 units within the development, this was only within Outlot C. Outlot B was to have been commercial and was rezoned to High Density Residential with the approved Zoning Map Amendment. Through the addition of the 1.44 acre Outlot B to the high density residential area, an additional 26 units would be allowed, and as per the Staff Report presented to Planning Commission and Council, five additional would be allowed with additional PUD density. It should be noted that memory care units will need to count towards the density within the development, as per the Met Council’s plat monitoring program guidelines, memory care units that are a part of a senior campus that include assisted living units and/or are apartment like and have their own kitchen need to count towards density. Residential Area of Boulder Ponds Development as per the 2030 Comprehensive Actual Development Zoning City Council Meeting 9/18/2018 Item #18 Page 5 Site Plan and Narrative. The application narrative indicates that Trident Development LLC, a St. Cloud- based real estate development organization, will be the project manager, and that Tealwood Senior Living, a Twin Cities-based senior living care operator and provider, will be the long term operator. According to the narrative, the two companies have a long history of successfully developing, owning and operating senior living projects, and their ownership partnership results in additional care given to design and quality of the building, how it will last the test of time, how the project fits within the community, and how well it will operate for its residents. There will be 28 memory care units and 67 assisted living units. The building will include a bistro, community dining room, scheduled wellness programming and activities, chapel, beauty salon, spa with hydrotherapy tub, transport van for scheduled trips and transportation needs, wireless internet access, community room for resident parties and family gatherings, private dining room for special occasions, resident monitoring system and controlled access entry system, wellness center with gym-quality equipment, light housekeeping services, generously landscaped lawn with significant plantings, spacious outdoor patio, ample walking paths, gazebo, and video surveillance and elevators. The apartment units will provide one and two bedroom style units; complete kitchen with upgraded appliances; in-unit dishwasher; and private balconies and window blinds. The memory care units will have a limited kitchen and appliances and full bathroom. Minimum Lot Size Requirements. The parcel is consistent with the outlots created as part of the Boulder Ponds 1st Addition Final Plat and meets the minimum lot size and width requirements of the Commercial zoning district. Outlots B and C will be combined to total 3.68 acres. Parkland Dedication. The City requires 10% of the purchase price of the property for parkland dedication for property within the HDR zoning district. The developer has indicated that the purchase agreement price for the property is $1,235,000, and so the required park dedication for the development is $123,500. Setback and Impervious Surface Requirements. The following table outlines how the proposed use adheres to the setback and impervious surface requirements of the High Density Residential zoning district. The proposed site plan meets all of the requirements. Commercial District – Zoning Standards Standard Required Proposed Maximum Height 50 feet 38 feet Maximum Impervious Coverage 75% 52% Front Yard Setback – Building 20 feet 20.3 feet Interior Side Yard Setback – Building 10 feet 50.8 feet Corner Side Yard Setback – Building 15 feet N/A Rear Yard Setback - Building 20 feet 20.4 feet General Site Design Considerations, Commercial Districts. The following outlines how the proposed development adheres to the City’s General Site Design considerations for the Commercial zoning district. City Council Meeting 9/18/2018 Item #18 Page 6 Circulation. o Internal connections when feasible. There are no feasible internal connections to the site. The site will be accessed off of Jade Trail North. There are two access points to the site to allow delivery trucks to safely and efficiently enter the site from one access point and leave from the other access point without turning around. o Curb cuts minimized. There are two proposed curb cuts in order to provide better circulation. Fencing and Screening. It is a recommended condition of approval as mentioned below that there be more screening provided along the northern edges of the development from the single family residential housing. Lighting Design. The applicant has submitted a photometric plan which shows that the proposed lighting does not exceed more than 4/10 footcandle at any property line, adherent with Code. Exterior Storage. There is no exterior storage proposed. Trash collection will occur in designated trash rooms located within the underground parking garage, and no trash/refuge area is proposed outside of the building. Standards for Congregate Housing. The following outlines the standards that pertain to congregate housing within any zoning district as indicated in the Zoning Code. • To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of existing building and surrounding neighborhood. o Architectural renderings have been provided, and the facility is designed to be compatible with the scale and character of the single family homes within Boulder Ponds. • The site shall contain a minimum of fifty (50) square feet of green space per resident, consisting of outdoor seating areas, gardens and/or recreational facilities. In cases of unique circumstances, the City may consider public parks or plazas within three hundred (300) feet of the site to meet this requirement. It is the responsibility of the applicant to demonstrate why the green space cannot be located on-site. o With 95 residents, 4750 square feet would be required. There is an approximately 286 square foot relaxation garden proposed within the development. The pervious area within the development makes up for 48% of the parcels, totaling 76,554 square feet. This requirement is met. • An appropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character of the neighborhood. o There is single family detached housing to the north, and as shown below in the Boulder Ponds single family detached housing landscape plan, screening has not been provided in the rear yards of these lots. The attached landscape plan shows that five Northwoods Maples are proposed along the northern edge of the property. Staff believes that there should be additional screening provided along the north edge of the property that includes at least one deciduous or coniferous tree per forty feet along the three northern property lines. City Council Meeting 9/18/2018 Item #18 Page 7 Parking Lot Requirements Number of Parking Spaces. One space per employee on the largest shift plus one visitor space for every four residents based on capacity is required for congregate housing. There are 67 assisted living units with a mix of one and two bedrooms, so assuming that these are half and half, one would anticipate approximately 100 assisted living residents, so only 25 spaces would be needed for the residents. Memory care units are not counted, as these patients cannot drive. The total number of spaces provided is 107, with 72 underground stalls and 35 surface stalls. It is not anticipated that the number of employees on the largest shift would exceed 82, and so the parking provided is sufficient. Minimum Parking Space and Aisle Dimensions. Parking spaces are nine feet wide as required by Code, and the aisle widths are 22 feet wide, sufficient for two way access. Marking of Parking Spaces. Parking areas containing five or more spaces are required to be marked with painted lines at least four inches wide. This is shown on the plans. Boulder Ponds Single Family Residential Landscape Plan. No screening provided in single family residential lots. Boulder Ponds Senior Housing Landscape Plan. Only five trees proposed along northern property lines. Recommended condition that there be at least one deciduous or coniferous tree every 40 feet. City Council Meeting 9/18/2018 Item #18 Page 8 Curbing. Open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb or barrier of normal height. This is shown on the plans. Accessible Parking. The proposed number of parking spaces is 107. The 35 surface stalls contain three handicap–accessible spaces with van access, which meets the Americans with Disabilities Act (ADA) requirements. The underground parking will need to contain at least an additional five handicap-accessible spaces. Parking Area in Front of Building. Standards for multi-family housing within the HDR district require that no parking is located in the front yard or between the front façade and the street. Congregate housing does not have these standards, however. Additionally, the applicant has indicated in the narrative that assisted living facilities require a prominent, safe, covered, visible and highly-accessible pick-up/drop-off point; and that assisted living units drive the need for guest parking, which often times is used by handicapped visitors. Parking Lot Screening Standards Interior Parking Lot Landscaping. At least 5% of the parking lot is devoted to islands or corner planting beds as is required per the City’s interior parking lot landscaping standards. Additionally, the number of trees required to be provided within these interior islands and corner beds is met, as two trees are within landscaping islands and four are within the corner bed. Perimeter Parking Lot Landscaping. o Frontage Strip. A well-over five-foot wide frontage strip is provided between the parking area and street. Screening has not been provided along Jade Trail, and it is a recommended condition of approval that this be provided. A masonry wall, fence, berm or hedge or combination that forms a scree a minimum of three and a half and a maximum of four feet in height and not less than 50% opaque on a year-round basis should be provided. The requirement that at least one deciduous tree be planted every 50 linear feet has been met along Jade Trail with the existing trees that were planted with the development of Boulder Ponds. Screening. As previously mentioned, screening is required to provide visual and noise separation of intensive uses from less intensive uses. The property to the north is guided for and currently is used for Low Density residential. Landscaping is provided along the edges of the buildings, but a masonry wall or fence in combination with a landscape material that forms a screen at least six feet in height along with at least one deciduous or coniferous tree per 40 linear feet along the property line should be provided. Landscape Plans. The applicant has submitted landscape plans which have been reviewed by the City’s landscape architect. This review is attached to this memo and indicates that the proposed landscape plan does not provide at least 25% coniferous trees as required by ordinance, does not provide screening on the north end of the site, has utility conflicts, and sufficient green space as required by ordinance. City Council Meeting 9/18/2018 Item #18 Page 9 Proposed Monument. The proposed monument (including the support structure) is 6’9” tall and ten feet wide. The allowed height of a sign within the HDR district is six feet and the maximum area is 32 square feet. Support structures are not included in this calculation. Lake Elmo Design Guidelines and Standards. The property is located within the I-94 district, and therefore must adhere to the Lake Elmo Design Guidelines and Standards. • Site Design. Building is oriented towards Jade Trail North, on which a pedestrian trail is provided. The building is located as close to the public street as possible, and recreational and common spaces are located at the interior or rear of the site. • Streetscape. Sidewalks to the buildings are provided parallel to the public street from the parking lot. There are street trees that were planted with the Boulder Ponds single family residential development. • Landscaping. Shade and ornamental trees and other plant material are proposed within the front setback area, and it is a condition of approval that the parking lot be buffered from Jade Trail North. • Parking. The surface parking area is not located in the rear or side yard as suggested, and surface parking parallel to the street exceeds 50% of the primary street frontage, as is discouraged in these guidelines and standards. It is previously explained in this report why it is located in the front of the building. As such, it is a recommended condition of approval that the parking area be screened. • Delivery, Service, Storage and Utility Areas. There are no outside trash enclosures proposed. • Building Design. There are no blank facades without windows or doors, and continuous expanses of wall through façade articulation, recession and projection is utilized. There are no garage doors proposed. • Building Materials/Scale and Mass. The building is wood-framed construction with a distressed concrete plank deck over the underground garage. Exterior materials utilize a complimentary blend of cultured stone and varying bands of LP Smart lap siding separated by frieze board. An emphasis is placed on the main building entry point by introducing additional amount of cultured stone and a prominent gable with decorative treatments, and a covered entry with ample porch space. The architectural design implements a series of dormers, together with variation of vertical plan (bump- outs) providing visual interest. The building also proposes single-hung vinyl windows with decorative mullions in all windows and doors; all-aluminum powder-coated suspended balconies and railings (assisted living units); architectural-grade asphalt shingles; and pre-finished aluminum fascia and soffits. Fire Chief/Building Official Review. An automatic fire suppression system is provided throughout the building, which is monitored 24 hours a day. Two additional fire hydrants will be required for the site, one on the southwest corner of the parking lot and one to the north of the rear parking lot. City Engineer Review. The City Engineer has provided a memo addressing the Final Plat and PUD Plans in the attached memo dated August 16, 2018. Comments of particular note are summarized below. • The proposed project produces less runoff volume from the site than was originally planned for the storm water management plan for the Boulder Ponds development project and therefore no additional storm water BMPs will be required. City Council Meeting 9/18/2018 Item #18 Page 10 • Access spacing of the two proposed accesses are acceptable. • Emergency vehicles will likely need to access the secondary driveway, as the front entrance includes a 14-foot wide drop off zone together with a secondary driveway. • There is no turnaround provision for the rear parking lot. • All 22-foot driveway entrances should be signed “No Parking.” • One fire hydrant is proposed on site, and there is an existing fire hydrant located along Jade Trail North right-of-way for Outlot C. If additional fire hydrants are required on site, the fire hydrants and connecting water main will be City-owned and maintained. • A private roof drainage/storm sewer system internal to the site is proposed to capture and direct runoff volumes to each of three City-owned storm water facilities in proportion to the Boulder Ponds stormwater management system. A Stormwater Maintenance and Easement Agreement in the City’s standard form is required for the private owned storm sewer system. • Construction parking, including deliveries and equipment loading/unloading, is to be maintained interior to the construction site unless specifically permitted by the City for specified limited dates. Preliminary Plat Conditions. Because conditions of approval for the preliminary plat for Boulder Ponds were related to the single family residential development, Staff will not be providing an analysis if preliminary plat conditions have been met. Planning Commission Review. The Planning Commission held a public hearing and review the proposed Final Plat and PUD Plans at its August 27, 2018 meeting and had the following comments: • The proposed senior housing would be compatible with the day care facility to the south. • There should be sufficient screening to the south and north of the property. The Planning Commission recommended approval 7-0. Recommended Findings. 1) That the Boulder Ponds 4th Addition Final Plat and Final PUD Plan is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014. 2) That the Boulder Ponds 4th Addition Final Plat and Final PUD Plan is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 3) That the Boulder Ponds 4th Addition Final Plat generally complies with the City’s High Density Residential zoning district. 4) That the Boulder Ponds 4th Addition Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof. 5) That the Boulder Ponds 4th Addition Final Plat complies with the City’s subdivision ordinance. 6) That the Boulder Ponds 4th Addition Final Plat and Final PUD Plan complies with the City’s Planned Unit Development Ordinance. City Council Meeting 9/18/2018 Item #18 Page 11 7) That the Boulder Ponds 4th Addition Final Plat is consistent with the City’s engineering standards with the exceptions noted by the City Engineer in his review comments to the City dated August 16, 2018. Recommended Conditions of Approval. Staff recommends the following conditions be attached to approval of the Boulder Ponds 4th Addition Final Plat and PUD Plans: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plat and plans requested by the City Engineer in memos dated August 16, 2018 shall be incorporated into these documents before prior to signing the Plat for recording. 2) A Stormwater Easement and Maintenance Agreement in the City’s standard form is required for the privately owned storm sewer system. 3) Prior to the release of the Final Plat for recording, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 4) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to recording. Easements may need to be revised pending review by the City of a detailed right-of-way boulevard plan and updated grading plans showing the storm water high water levels. 5) The applicant must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel including but not limited to building permits, conditional use permits, South Washington Watershed District permit, etc. 6) The site plan is subject to a storm water management plan meeting State, South Washington Watershed District and City rules and regulations. All applicable permits must be obtained. 7) The applicant must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel including but not limited to an approved stormwater management plan, utility plans, grading plan, street construction plans (if required), parking lot permit, building permits, etc. 8) Landscape plans must be approved by the City’s Landscape Architect prior to recording of the final plat. The landscape plans must meet all city screening requirements including screening on the northern portion of the property to include a masonry wall or fence in combination with landscape material that forms a screen at least six feet in height and not less than 90% opaque and a minimum of one deciduous or coniferous tree at least every 40 feet, as well as perimeter parking lot screening along Jade Trail North in the form either a masonry wall, fence, berm, or hedge or combination that forms a screen three and one-half to four feet in height and not less than 50% opaque on a year-round basis. City Council Meeting 9/18/2018 Item #18 Page 12 9) A sign permit shall be obtained prior to erection of any sign on the property. 10) The proposed building shall meet the Lake Elmo Design Guidelines and Standards. 11) That the proper State of Minnesota licensing be maintained for the memory care and assisted living facilities. 12) That all Fire Chief and Building Official comments be addressed. Two additional fire hydrants will be required on the site, one on the southwest corner of the parking lot, and one to the north of the rear parking lot. The rear parking lot must provide sufficient turnaround that meets the requirements for apparatus turnaround. All fire hydrants and related water mains shall be owned and maintained by the City. FISCAL IMPACT: If approved and recommended conditions of approval are adopted, the applicant will be required to pay sewer and water availability charges, building permit fees, and property taxes. OPTIONS: The Council may: • Approve the Final Plat and PUD Plans and Conditional Use Permit with recommended findings and conditions of approval. • Approve the Final Plat and PUD Plans and Conditional Use Permit with amended findings and conditions of approval. • Approve either the Final Plat and PUD Plans or Conditional Use Permit, citing recommended findings for denial and approve either the Final Plat and PUD Plans or Conditional Use Permit with recommended or amended findings and conditions of approval. • Deny both the Final Plat and PUD Plans, citing findings for denial. RECOMMENDATION: Staff and the Planning Commission recommend approval of the Boulder Ponds 4th Addition Final Plat and PUD Plans with recommended findings and conditions of approval: “Move to adopt Resolution 2018- approving the Boulder Ponds 4th Addition Final Plat and PUD Plans with recommended findings and conditions of approval as drafted by Staff.” ATTACHMENTS: • Applications and Narrative • Boulder Ponds 4th Addition Final Plat • Plans • Elevation and Floor Plans City Council Meeting 9/18/2018 Item #18 Page 13 • City Engineer Review Memo dated August 16, 2018 • Landscape Architect Memo • Resolution 2018- approving the Final Plat and PUD Plans ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING BOULDER PONDS FOURTH ADDITIONVICINITY MAP PE R M I T S E T PAGE 1 of 3 MEMORANDUM Date: August 16, 2018 To: Emily Becker, Planning Director Re: Boulder Ponds 4th Addition – Sr. Living Apartments Cc: Mike Bent, Building Official Engineering Site Plan Review Rob Weldon, Public Works Director Chad Isakson, Assistant City Engineer From: Jack Griffin, P.E., City Engineer A Site Plan engineering review has been completed for the Senior Living Apartments be located in Boulder Ponds 4th Addition along Jade Trail North. The submittal consisted of the following documentation prepared by Carlson McCain, received on July 31, 2018 and August 16, 2018: Boulder Ponds Fourth Addition Plat, not dated. ALTA Survey dated 06.20.2018. Boulder Ponds Senior Living Site Improvement Plans C1 – C9, dated 07.27.2018. Landscape Plan L1 – L3, dated 07.27.2018. Stormwater Management Report, dated 07.27.2018, and revised 08.16.2018 Engineering review comments are as follows: General Comments: 1. Engineering did not review zoning requirements, setbacks, impervious surface requirements, parking requirements, or lighting requirements. 2. Specifications must be submitted for City review prior to construction. The City of Lake Elmo standard specifications must be used for all public infrastructure (public watermain/hydrants) and for erosion and control practices. Stormwater Management: 1. This site plan is creating 1.90 acres of new impervious surface over a total site area of 3.68 acres, or 52% impervious coverage. 2. The Boulder Ponds development project designed and constructed an approved storm water management system to meet the requirements of both the City of Lake Elmo and the South Washington Watershed District. The approved stormwater report is dated May 18, 2015. The proposed development remains consistent with this storm water management plan and will result is less runoff volume from the site than was originally planned for under the Boulder Ponds stormwater management system. Therefore, no additional storm water BMPs will be required. 3. The stormwater is directed to discharge in three locations including Pond 6C, Basin 6D, and Pond 7. The applicant has proposed a roof drainage/storm sewer system internal to the site to capture and direct the runoff volumes to each of the three storm water facilities in proportion to the Boulder Ponds stormwater management system. The project is utilizing 65% of the allocated capacity to Pond 6C. The project is utilizing 82% of the allocated capacity to Pond 6D. The project is utilizing 100% of the allocated capacity to Pond 7. 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 3 C2 Existing Conditions 1. The existing conditions plan must include the adjacent storm water basin names (600C and 600D), the 100‐ year HWL elevations, and the adjacent emergency overflow elevations. C3 Site Plan 1. The parking lot is designed with two concrete commercial driveway access locations along Jade Trail North, both at 22‐feet wide. Access spacing and locations appear acceptable. 2. The front entrance to the building includes a 14‐foot wide drop off zone together with a 22‐ft wide secondary driveway. Emergency vehicle access will likely need to access the secondary driveway. 3. A 22‐ft wide driveway to a rear parking lot area is proposed. There is no turnaround provision for emergency vehicles at the rear parking lot. 4. All 22‐ft. driveway entrances and drive lanes should be signed “No Parking”. 5. The plan retains the existing concrete sidewalk along Jade Trail as required. Sidewalk connections are planned interior to the site to various building entrances. C4 Utility Plan 1. Connection to existing sanitary sewer stub. The project proposes to connect to the existing 8‐inch sanitary sewer service stub that was located along the Jade Trail North right‐of‐way for Outlot C. Only one sewer service connection is needed for the combined lot, so the 8‐inch sanitary sewer service stub installed for Outlot B will remain unused. The 8‐inch sanitary sewer service interior to the site will be a private sewer service meeting state plumbing code. 2. Connection to existing watermain stub. The project proposes to connect to an existing 6‐inch watermain service stub located along the Jade Trail North right‐of‐way for Outlot C. The watermain must be reconfigured to clearly define the City owned watermain and hydrants, the private service shut‐off valve, and the private watermain service. Utility easements must be dedicated to the City, minimum width of 30‐ feet centered over the City‐owned pipe and hydrants, and all easements must be shown on the Site Plan, Utility Plan and Grading Plan. The 6‐inch watermain service stub for Outlot B will remain unused. The water service interior to the site will be a private water service meeting state building code. 3. Fire Hydrant locations. One new fire hydrant is proposed at the north entrance. There is one existing fire hydrant located along Jade Trail North at the south entrance. If additional fire hydrants are required to be placed interior to the site, the fire hydrants and connecting watermain will be City owned and maintained. If required, the site and utility plans, and project specifications must be revised and resubmitted for City review, showing the proposed hydrants and connecting watermain using City design standards, details and specifications. Utility easements must be dedicated to the City, minimum width of 30‐feet centered over the pipe and hydrants, and all easements must be shown on the Site Plan, Utility Plan and Grading Plan. City standard plan notes for watermain must be shown on the utility plans. 4. A private roof drainage/storm sewer system internal to the site is proposed to capture and direct the runoff volumes to each of three City‐owned storm water facilities in proportion to the Boulder Ponds stormwater management system, including Pond 6C, 6D, and Pond 7. The private storm sewer system will discharge directly to Ponds 6C and 6D. The private storm sewer system will connect to two existing 15‐inch RCP storm sewer stub pipes at the right‐of‐way of Jade Trail North which discharges to Pond 7. 5. The two 12‐inch RCP pipes and FES discharging to Pond 6D must be increased to 15‐inch RCP pipe/FES. 6. A Stormwater Easement and Maintenance Agreement in the City’s standard form is required for the private owned storm sewer system. C5 Grading Plan 1. Add the existing/proposed 100‐year HWL for all adjacent stormwater ponds (600C and 600D). 2. Add proposed building low opening elevation and verify elevation exceeds 1002.5 (EOF = 1001.5 + 1.0 ft.). 3. Add plan note indicating that no changes in the building roof run roof conveyance and discharge locations is allowed with prior City approval. PAGE 3 of 3 C7‐C9 Civil Details 1. Add City detail 208 irrigation service, if applicable. 2. Add City detail 502. Construction and Site Control Requirements 1. Add silt fence using metal post (6’ maximum spacing) immediately behind the existing curb and gutter along the entire length of Jade Trail North, except at the rock construction entrance. 2. Maintain the second row of silt fence as shown along the back side of the exiting sidewalk, using metal post (6’ maximum spacing). 3. Add plan note to protect existing concrete sidewalk, boulevard sod and curb and gutter along entire length of Jade Trail North. Silt fence to remain in place for construction duration without exception. No construction traffic site access is permitted at any time except for approved rock construction entrance locations. 4. Add plan note to require construction parking including deliveries and equipment loading/unloading to be maintained interior to the construction site unless specifically permitted by the City for specified limited dates. 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: August 17, 2018 Subject: City of Lake Elmo Landscape Plan Review Boulder Ponds 4th Addition, Review #1 Submittals Landscape Plans, dated 07/27/2018, received 07/30/2018. Location: Southwestern lot of the Boulder Ponds development; west of Keats Avenue North, East of Inwood Avenue North at the Northwest Corner of the intersection of Hudson Boulevard North and Jade Trail North, Lake Elmo, MN. Land Use Category: High Density Residential Surrounding Land Use Concerns: Less intensive use to the north. Special landscape provisions in addition to the zoning code: Screening will be required to the north due to less intensive use. Tree Preservation: A. A tree preservation plan is not required because all existing trees on site are smaller than the significant tree definitions: 1. Over 6” DBH for hardwood deciduous trees (Birch, Cherry, Hickory, Ironwood, Hard Maples, Oak and Walnut) 2. Over 8” DBH for coniferous/evergreen trees 3. Over 12” DBH for common trees (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.) B. Tree replacement is not required because there are no significant trees being removed. Emily Becker Planning Director City of Lake Elmo August 17, 2018 2 T:\6443 Lake Elmo\05 Boulder Ponds\04 4th Addition\01 Plan Review\2018-07-30\2018-08-17 Boulder Ponds 4th Addition Landscape Plan Review.docx Landscape Requirements: The preliminary plat landscape plans meets the code required number of trees. The proposed phase 1 plans show the code required tree quantities. Master Plan Master Plan (Code Required) Proposed Street frontage 535 Lineal Feet Lake Shore 0 Lineal Feet Stream Frontage 0 Lineal Feet Total Linear Feet 535 Lineal Feet /50 Feet = Required Frontage Trees 11 Trees Development or Disturbed Area - SF Development or Disturbed Area 4.1 Acres *5 = Required Development Trees 21 Trees Interior Parking Lot Spaces* 26 Spaces /10 = Required Parking Lot Trees 0 Trees Perimeter Parking Lot Frontage Length* 0 Lineal Feet /50 = Required Frontage Strip Trees 0 Trees Required Mitigation Trees 0 Required Number of Trees ** 32 Total Trees to Date 32 * Parking lot landscaping or screening trees are included in landscape required tree counts. None if 0 - 30 Parking Spaces 1 tree per 10 spaces if 31 - 100 Parking Spaces 1 tree per 15 spaces If >101 Parking Spaces 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 does not 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 coniferous trees. Master Plan Qty % Composition Deciduous Shade Trees 16 50% >25% required Coniferous Trees 5 16% >25% required Ornamental Trees 11 34% Tree Count 32 Emily Becker Planning Director City of Lake Elmo August 17, 2018 3 T:\6443 Lake Elmo\05 Boulder Ponds\04 4th Addition\01 Plan Review\2018-07-30\2018-08-17 Boulder Ponds 4th Addition Landscape Plan Review.docx A. A landscape plan has been submitted that does not include all requirements. 1. Details and cross sections of any masonry wall or fence required screening. B. Interior Parking Lot Landscaping – The development does include interior parking lots but does not meet the minimum threshold for additional requirements for lots with 30 parking spaces or greater. C. Perimeter Parking Lot Landscaping – The development does not include perimeter parking lots. D. Screening – Screening is required by City code. 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 along the property line. Additional landscape material such as shade trees or trellises may be required to partially screen views from above. Findings: 1. The master plan does not meet the minimum of twenty-five percent (25%) of the required number of trees shall be coniferous trees. 2. Screening is required on the north end of the site due to less intense land use. 3. Proposed tree location conflicts with the proposed storm sewer and water service line is noted on the following page. This utility conflict needs to be corrected. 4. Congregate housing requires a minimum of 50 square feet per resident. Note on the plan the proposed amount of green space. Recommendation: It is recommended that the conditions of approval include: 1. Submit a revised landscape plan that corrects the discrepancies detailed in the findings above. Sincerely, Lucius Jonett, PLA (MN) Wenck Associates, Inc. City of Lake Elmo Municipal Landscape Architect 3 f: \ j o b s \ 7 5 2 1 - 7 5 4 0 \ 7 5 3 0 - t r i n i t y - b o u l d e r p o n d s \ c a d c 3 d \ e n g i n e e r i n g \ 7 5 3 0 _ l a n d s c a p e . d w g Sa v e D a t e : 07 / 2 6 / 1 8 of TR I D E N T D E V E L O P M E N T , L L C . 36 0 1 1 8 t h S t r e e t S o u t h , S u i t e 1 0 3 St . C l o u d , M N 5 6 3 0 1 REVISIONS DRAWN BY: DESIGNED BY: ISSUE DATE: JTR JTR 07/27/18 BO U L D E R P O N D S S E N I O R L I V I N G La k e E l m o , M i n n e s o t a Name: Signature: Date:07/27/18 License #: 38 9 0 P h e a s a n t R i d g e D r . N E # 1 0 0 , B l a i n e , M N Ph o n e : 7 6 3 - 4 8 9 - 7 9 0 0 F a x : 7 6 3 - 4 8 9 - 7 9 5 9 EN V I R O N M E N T A L ◦ E N G I N E E R I N G ◦ S U R V E Y I N G PREL I M I N A R Y 1. James A. Kalkes, RLA 45071 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota L1 SI T E L A N D S C A P E P L A N LANDSCAPE LEGEND 34-262 33-261 25-131 (OLD MNDOT 260) &ALL AREAS DISTURBED BY CONSTRUCTION NOT INTENDED (USE EROSION CONTROL BLANKETSODDED, OR RETENTION BASINS FOR SLOPES OVER 3:1) SEED MIX LEGEND (FOR ALL SHEETS) 1.A MINIMUM OF (1) TREE PER 50 LF OF STREET FRONTAGE. ·TOTAL STREET FRONTAGE = 535 LF. ··535/50 = 11 TREES REQUIRED 2.ADDITIONALLY, (5) TREES SHALL BE PLANTED PER (1) ACRE OF DEVELOPED LAND OR DISTURBED BY DEVELOPMENT ACTIVITY ·OVERALL SITE ACREAGE = 4.1 ac ··4.1 x 5 =21 TREES REQUIRED ·TOTAL TREES REQUIRED = 32 TREES REQUIRED 3.IRRIGATION SHALL BE PROVIDED FOR ALL SOD/SEED AND LANDSCAPE AREAS PER LAKE ELMO DETAILS/SPECIFICATIONS LAKE ELMO LANDSCAPE CODE 1 Resolution 2018-108 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-108 A RESOLUTION APPROVING A FINAL PLAT AND FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR THE BOULDER PONDS 4TH ADDITION PLANNED RESIDENTIAL DEVELOPMENT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Trident Development, LLC, 3601 18th Street South, St. Cloud, MN 56301, has submitted an application to the City of Lake Elmo (“City”) for a Final Plat and Final PUD Plan for Boulder Ponds 4th Addition, a copy of which is on file in the City of Lake Elmo Planning Department; and WHEREAS, the City approved the Boulder Ponds PUD General Concept Plan on December 17, 2013; and WHEREAS, the City approved the Boulder Ponds Preliminary Plat and Preliminary PUD Plan on September 16, 2014; and WHEREAS, the proposed Boulder Ponds 4th Addition Final Plat and Final PUD Plan includes a 95-unit congregate housing development within a planned development on Outlots B and C, Boulder Ponds in Stage 1 of the I-94 Corridor Planning Area; and WHEREAS, the Lake Elmo Planning Commission reviewed the Final Plat and Final PUD Plans on August 27, 2018; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Boulder Ponds 4th Addition Final Plat and Final PUD Plan subject to 12 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Final Plat and Final PUD Plan as part of a memorandum to the City Council for the September 18, 2018 Council Meeting; and WHEREAS, the City Council reviewed the Boulder Ponds 4th Addition Final Plat and Final PUD Plan at its meeting held on September 18, 2018 and made the following findings: 1) That the Boulder Ponds 4th Addition Final Plat and Final PUD Plan is generally consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014. 2 Resolution 2018-108 2) That the Boulder Ponds 4th Addition Final Plat and Final PUD Plan is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 3) That the Boulder Ponds 4th Addition Final Plat generally complies with the City’s High Density Residential zoning district. 4) That the Boulder Ponds 4th Addition Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof. 5) That the Boulder Ponds 4th Addition Final Plat complies with the City’s subdivision ordinance. 6) That the Boulder Ponds 4th Addition Final Plat and Final PUD Plan complies with the City’s Planned Unit Development Ordinance. 7) That the Boulder Ponds 4th Addition Final Plat is consistent with the City’s engineering standards with the exceptions noted by the City Engineer in his review comments to the City dated August 16, 2018. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Boulder Ponds 4th Addition Final Plat and Final PUD Plan subject to the following conditions: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plat and plans requested by the City Engineer in memos dated August 16, 2018 shall be incorporated into these documents before prior to signing the Plat for recording. 2) A Stormwater Easement and Maintenance Agreement in the City’s standard form is required for the privately owned storm sewer system. 3) Prior to the release of the Final Plat for recording, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 4) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to recording. Easements may need to be revised pending review by the City of a detailed right-of-way boulevard plan and updated grading plans showing the storm water high water levels. 5) The applicant must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel including but not limited to building permits, conditional use permits, South Washington Watershed District permit, etc. 3 Resolution 2018-108 6) The site plan is subject to a storm water management plan meeting State, South Washington Watershed District and City rules and regulations. All applicable permits must be obtained. 7) The applicant must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel including but not limited to an approved stormwater management plan, utility plans, grading plan, street construction plans (if required), parking lot permit, building permits, etc. 8) Landscape plans must be approved by the City’s Landscape Architect prior to recording of the final plat. The landscape plans must meet all city screening requirements including screening on the northern portion of the property to include a masonry wall or fence in combination with landscape material that forms a screen at least six feet in height and not less than 90% opaque and a minimum of one deciduous or coniferous tree at least every 40 feet, as well as perimeter parking lot screening along Jade Trail North in the form either a masonry wall, fence, berm, or hedge or combination that forms a screen three and one-half to four feet in height and not less than 50% opaque on a year-round basis. 9) A sign permit shall be obtained prior to erection of any sign on the property. 10) The proposed building shall meet the Lake Elmo Design Guidelines and Standards. 11) That the proper State of Minnesota licensing be maintained for the memory care and assisted living facilities. 12) That all Fire Chief and Building Official comments be addressed. Two additional fire hydrants will be required on the site, one on the southwest corner of the parking lot, and one to the north of the rear parking lot. The rear parking lot must provide sufficient turnaround that meets the requirements for apparatus turnaround. All fire hydrants and related water mains shall be owned and maintained by the City. Passed and duly adopted this 18th day of September, 2018 by the City Council of the City of Lake Elmo, Minnesota ___________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: 9/18/2018 REGULAR ITEM #: 19 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Boulder Ponds 4th Addition Developer Agreement REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney Kristina Handt, City Administrator BACKGROUND: The City Council approved the Boulder Ponds 4th Addition Final Plat and PUD Plans at its September 18, 2018 meeting. It was a condition of approval that the developer enter in to a Development Agreement with the City. ISSUE BEFORE COUNCIL: To approve Resolution 2018-109 approving the Developer’s Agreement for Boulder Ponds 4th Addition. PROPOSAL DETAILS/ANALYSIS: One of the conditions of approval for the Boulder Ponds 4th Addition Final Plat specifies that the developer enter into a Developer’s Agreement prior to the execution of the plat by City officials. The attached draft agreement is consistent with the City’s developer agreement template. The key aspects of the agreement include the following components: •That all improvements to be completed by October 31, 2019. •That the developer provide a letter of credit in the amount of 125% of the total cost of the proposed improvements. The construction estimates provided have been reviewed by the City Engineer and found to be accurate. The necessary letter of credit to secure the construction activity and expenses will be $488,881 for the 4th phase of the Boulder Ponds development. •That the developer provide a cash deposit of $133,500 for engineering administration and park dedication. City Council Meeting September 18, 2018 Item #__ 2 • That construction access be limited to Jade Trail North and that no construction traffic is permitted on other adjacent local streets or at any other location along Jade Trail North. Construction parking and related operations must be completed interior to the site and is not allowed to occur in the right-of-way without a right-of-way obstruction permit. • In the event that the developer so requests, the City is to issue an estoppel certificate within 45 days stating whether or not it knows of any default, whether the declaration is in full force, and whether there are any sums due and owing by Developer to the City under the agreement. FISCAL IMPACT: The future financial impacts include sanitary sewer mains, watermains, surface water facilities (infiltration basin), landscaping improvements, erosion and sedimentation control, 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 at the time of building permit, and special assessments and parkland dedication will be due prior to the recording of the plat. RECOMMENDATION: Based on the above Staff Report, Staff is recommending that the City Council approve the Developer’s Agreement for Boulder Ponds 4th Addition and that the Council direct the Mayor and Staff to execute this document once the financial security and cash requirements have been received. The suggested motion to adopt the Staff recommendation is as follows: “Move to adopt Resolution 2018-109 , approving the developer’s agreement for the Boulder Ponds 4th Addition planned residential development.” ATTACHMENTS: 1. Resolution 2018-109 2. Boulder Ponds 4th Addition Development Agreement City Council Meeting September 18, 2018 Item #__ 3 1 534605v2 SJS LA515-55 (reserved for recording information) DEVELOPMENT AGREEMENT (Public sewer and water) Boulder Ponds 4th Addition THIS DEVELOPMENT AGREEMENT is dated ______________, 2018, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and Trident Development, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Boulder Ponds 4th 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 180 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 534605v2 SJS LA515-55 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 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; B. this Agreement has been executed by the Developer and the City; C. the required Security (as hereinafter defined) have been received by the City from or on behalf of the Developer; D. final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; E. 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; F. the Developer has paid any outstanding assessments and taxes for the property or property being deeded to the City; G. the Developer has fulfilled any park dedication requirements as specified under this Agreement; H. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable watershed, Washington County, and any other agency having jurisdiction over the Subdivision; I. the Developer has provided the City with a certificate of insurance required by this Agreement; 3 534605v2 SJS LA515-55 J. 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; K. the final plat has been recorded with Washington County; L. a title insurance policy has been issued in the amount of $100,000 in favor of the City insuring the City’s interest as they appear on the plat; and M. 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. 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 4 534605v2 SJS LA515-55 law, the City may require compliance with any changes to the City's Comprehensive Plan, official controls, platting, or dedication requirements enacted after the date of this Agreement. 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. Underground private utilities; F. Landscaping; G. Tree preservation and reforestation; and H. 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 5 534605v2 SJS LA515-55 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 34 of this Agreement - Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all administration and construction observation costs incurred by the City during the construction of the Subdivision Improvements by the City’s engineering, public works, planning, and landscape architecture staff and consultants. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until the escrow has been replenished in its full amount. City administration and oversight will include monitoring of construction progress and construction observation, consultation with the Developer and the Developer’s professionals on status or problems regarding the project, coordination for testing, 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 6 534605v2 SJS LA515-55 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 Improvements by October 31, 2019. 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. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all maintenance of the Subdivision Improvements 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 7 534605v2 SJS LA515-55 to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed by the Developer. Jade Trail North and Hudson Boulevard must remain open to traffic at all times unless a right-of-way obstruction permit is obtained from the City. The Developer shall be responsible for keeping streets within and outside of 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 and on a daily basis during heavy tracking days. 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 AND PARKING. Construction traffic access and egress for all work on the site including grading, utility construction, building construction, and Subdivision Improvements is restricted to access the Subdivision via Jade Trail North at the designated rock construction entrance per the approved erosion control plans. No construction traffic is permitted on other adjacent local streets or at any other location along Jade Trail North. All construction parking, and loading and unloading of equipment and supplies must be completed interior to the Subdivision and is not allowed to occur within any public right-of-way without a right- of-way obstruction permit. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and the Developer’s representatives are required to supervise and coordinate all construction activities for all Subdivision Improvements and must notify the City in writing stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs. 8 534605v2 SJS LA515-55 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 will be required in accordance with the City’s building permit requirements, or as required by the 9 534605v2 SJS LA515-55 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, and watermain 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. 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. 19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer must be warrantied and maintained for a period of two 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 10 534605v2 SJS LA515-55 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 areas 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 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. 11 534605v2 SJS LA515-55 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans and an electronic file of the "record" plans in accordance with the City’s Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon review and verification by the City Engineer that the public Subdivision Improvements have been completed in accordance with the terms of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer shall pay a cash contribution of $123,500 in satisfaction of the City's park dedication requirements. The amount of the cash contribution was calculated as follows: 10 percent of the agreed-to purchase price of the property for $1,235,000. 23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be payable and collected by the City at the time the building permit is issued for the building. The water availability charge (WAC) in the amount of $3,000.00 per REC shall payable and collected by the City at the time the building permit is issued for the building. In addition, a sewer connection charge in the amount of $1,000.00 per REC, a 12 534605v2 SJS LA515-55 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 the building. 24. 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, and storm sewer are 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. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspection or actions and the halting of all work in the Subdivision. C. 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, the Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any third parties. D. 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. 25. RESPONSIBILITY FOR COSTS. 13 534605v2 SJS LA515-55 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. D. The Developer shall reimburse the City for costs incurred in the enforcement of this 14 534605v2 SJS LA515-55 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. 26. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. Implementation of the recommendations listed in the August 16, 2018, Engineering memorandum. B. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. 27. MISCELLANEOUS. A. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a professional engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was 15 534605v2 SJS LA515-55 constructed in accordance with the approved Plans. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Legal documents regarding any covenants and restrictions, if applicable, 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 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 16 534605v2 SJS LA515-55 provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. H. This Agreement shall run with the land and may be recorded against the title to the Property at the Developer’s expense. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property, including, but not limited to, mortgagees; that there are no unrecorded interests in the Property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the Subdivision and the Subdivision Improvements comply or will comply with all City, County, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Subdivision is not in compliance, the City may, at its option, refuse to allow 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 17 534605v2 SJS LA515-55 compliance. 28. 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. 29. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from the Developer, or immediately draw on the Security, as set forth in this Agreement. 30. 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 18 534605v2 SJS LA515-55 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. 31. 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 19 534605v2 SJS LA515-55 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 the Subdivision 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 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 sod, trees, and landscaping is two years from the date of final written City acceptance of the installation. 32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of special assessments, payment of the costs of all public Subdivision Improvements, and construction of all public Subdivision Improvements, the Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a combination of a cash escrow and letter of credit (the “Security") in the amount of $488,881. 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, 20 534605v2 SJS LA515-55 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. 33. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the Security in the following instances: A. Upon completion of grading operations, including temporary site restoration. The Developer must submit an as-built grading survey to the City that at a minimum establishes the as-built grades at all lot corners and downstream drainage conveyance systems and storm water ponds. Upon inspection of the site and approval of the as-built survey by the City, 100 percent, or $133,125, of the Security associated with grading may be released. This Security reduction does not include amounts related to erosion and sedimentation control. B. Up to 75 percent of the Security associated with the itemization on Exhibit C may be released upon completion of the following key milestones of the project as determined by the City Engineer: 1. Construction Categories 2 and 3: The amount of $71,742 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 21 534605v2 SJS LA515-55 Engineer. 2. Construction Categories 4 and 5: The amount of $101,527 may be released when the storm sewer has been installed and tested, and has 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. 3. Construction Categories 6-10 and 14-17: The amount of $22,781 may be released when all remaining Developer’s obligations under this Agreement have been completed including: (1) iron monuments for lot corners have been installed, if required; (2) all financial obligations to the City satisfied; (3) the required "record" plans in the form of the City standards have been received and approved by the City; and (5) the public Subdivision Improvements are accepted by the City Engineer and the City Council. 4. Construction Categories 11, 12 and 13: The amount of $70,205 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. C. Twenty-five percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. D. Twenty-five percent 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 22 534605v2 SJS LA515-55 satisfied; and (3) the warranty period has expired. 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. 34. 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: Park Dedication: $123,500 Special Assessments Due: $0 City Engineering Administration Escrow: $10,000 TOTAL CASH REQUIREMENTS: $133,500 35. 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: 3601 18th Street South #103, St. Cloud, MN 56301. 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, Suite 101, Lake Elmo, Minnesota 55042. 36. EVIDENCE OF TITLE. The 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. 37. 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. 38. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, 23 534605v2 SJS LA515-55 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. 39. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 40. 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. 41. ESTOPPEL CERTIFICATES. The City shall within forty five (45) days from receipt of a written request from the Developer, issue to the Developer an estoppel certificate stating, to the best of the City’s knowledge: A. whether it knows of any default under this Agreement by the Developer and if there are known defaults, specifying the nature thereof; B. whether this Declaration is in full force and effect; and C. whether there are any sums due and owing by Developer to the City under this Agreement. CITY OF LAKE ELMO By: ____________ __________________ 24 534605v2 SJS LA515-55 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 ________________, 20___, 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 25 534605v2 SJS LA515-55 TRIDENT DEVELOPMENT, LLC By: ___________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___, day of _________________, 20___, by _______________________, the _______________________of Trident Development, 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 26 534605v2 SJS LA515-55 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 27 534605v2 SJS LA515-55 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 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 28 534605v2 SJS LA515-55 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 534605v2 SJS LA515-55 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of Property Being Final Platted Outlot B and Outlot C, Boulder Ponds, according to the recorded plat thereof, Washington County, Minnesota. B-1 534605v2 SJS LA515-55 EXHIBIT B TO DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by Carlson McCain constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE C1 of 9 Title Sheet C2 of 9 Existing Conditions & Removals Plan C3 of 9 Site & Sign Plan C4 of 9 Utility Plan C5 of 9 Grading, Drainage, & Erosion Control Plan C6 of 9 Stormwater Pollution Prevention Plan C7-C9 of 9 Details L1-L3 of L3 Landscape Plan SW1.0 SWPPP Existing Conditions SW1.1 SWPPP Proposed Conditions SW1.2 SWPPP Details SW1.3 SWPPP Narrative C-1 534605v2 SJS LA515-55 EXHIBIT C TO DEVELOPMENT AGREEMENT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125 percent 1 Grading $106,500 $133,125 2 Sanitary Sewer $11,120 $13,900 3 Watermain $65,405 $81,756 4 Storm Sewer (includes pond structures and outfall pipes) $79,300 $99,125 5 Streets and Sidewalks $28,995 $36,244 6 Trails $NA $NA 7 Surface Water Facilities $NA $NA 8 Street Lighting $NA $NA 9 Street and Traffic Signs $NA $NA 10 Private Utilities $NA $NA 11 Landscaping Improvements $74,885 $93,606 14 Monuments $600 $750 15 Erosion and Sedimentation Control $19,300 $24,125 17 Developer’s Record Drawings $5,000 $6,250 TOTALS $391,105 $488,881 534605v2 SJS LA515-55 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., Suite 101, 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: 1 Resolution 2018-109 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-109 A RESOLUTION APPROVING THE DEVELOPER’S AGREEMENT FOR BOULDER PONDS 4TH ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Trident Development, LLC, 3601 18th Street South #103, St. Cloud, MN 56301 (“Applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Boulder Ponds; and WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat request for Boulder Ponds at a meeting held on September 16, 2014; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2018-108 on September 18, 2018 approving the Final Plat for Boulder Ponds 4th Addition; and WHEREAS, A condition of said Resolution No. 2018-108 establishes that, prior to the execution of the Final Plat by City officials, the Applicant is to enter into a Developer’s Agreement with the City; and WHEREAS, the Applicant and 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 September 18, 2018 meeting. NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer’s Agreement for Boulder Ponds 4th Addition and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 18th day of September, 2018 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: 9/18/2018 REGULAR ITEM #: 20 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Conditional Use Permit for River Valley Church REVIEWED BY: Ben Prchal, City Planner BACKGROUND: The City has received an application for a conditional use permit to allow the expansion of a non- conforming use of a place of worship within the Public and Quasi-Public Open Space. River Valley Church is non-conforming in that there is no conditional use permit for the property, and places of worship are conditional uses in the Public and Quasi-Public Open Space district in which the subject property is located. ISSUE BEFORE COUNCIL: The Planning Commission is being asked to consider the request for approval of the conditional use permit for River Valley Church. PROPOSAL DETAILS/ANALYSIS: Applicants: River Valley Christian Church, 5900 Lake Elmo Avenue North, Lake Elmo, MN 55042 Property Owners: River Valley Christian Church, 5900 Lake Elmo Avenue North, Lake Elmo, MN 55042 Location: PART NE1/4-NE1/4 BEING E 787FT OF N 657.77FT OF NE1/4-NE1/4 MEAS AT RT ANG TO E & N LINES OF SD NE1/4-NE1/4 RESPECTIVELY SUBJ TO EASE SECTION 02 TOWNSHIP 029 RANGE 021, PID# 02.029.21.11.0002 Request: Conditional Use Permit for a place of worship Council Meeting 9/18/2018 Item #20 Page 2 Existing Land Use: Place of worship Existing Zoning: PF – Public and Quasi-Public Open Space Surrounding Land Use / Zoning: North – Hwy 36 and Grant; South – Discover Crossing with outlot directory to the south (Rural Residential); East – Agricultural; West – Discover Crossing outlot (Rural Residential) Comprehensive Plan Guidance: Public/Park History: The City approved a Site and Plan review for the church in April of 1996, and the church was built in the same year with approval of Case No. PR/96-11. In 2003, the City approved a site plan and variance for the church in order to allow a parking lot expansion which did not meet the minimum buffer requirement for properties of such size within the Public and Quasi Public zoning district of 100 feet (the proposed parking lot was 50 feet from the south of the property line and the existing parking lot was 30 feet from the southern property line) with Resolution 2003-096 Deadline(s) for Action: Application Complete – 8/23/2018 60 Day Deadline – 10/22/2018 Extension Letter Mailed – No 120 Day Deadline – N/A Applicable Regulations: §154.210 – Off-Street Parking Article XIV: Public and Semi-Public Districts Request. A place of worship is a conditional use in the Public and Quasi-Public Open Space district. River Valley Church received a Site Plan approval for the church in 1996 as previously mentioned in this report, but a conditional use permit was never obtained, as the use was considered permitted at that time. The Public and Quasi-Public Open Space ordinance was adopted in September of 2000, and this ordinance required conditional use permits for places of worship and set forth certain standards for such a use as well as other district requirements that are in place today. A variance and site plan review was then approved in 2003, but Staff at that time never required that the use obtain a conditional use permit. Because the property does not have a conditional use permit as is required by the Zoning Code, the use is considered legal non-conforming. The City’s ordinance states that the lawful use of a building or structure may continue, but that the continuation of the non-conforming use does not include expansion. Since the applicant is requesting expansion of the non-conforming use, a conditional use permit must be obtained in order to bring the property in to compliance. Council Meeting 9/18/2018 Item #20 Page 3 Use on Proposed Site. The 2,582 square foot addition to the existing church will add an education space. This is considered accessory to the church. There will also be a new sidewalk and stoop added. There are three to four staff in the building. Church hours are 9am to 5pm Monday through Friday and 8am to 6pm on Sunday with services beginning at 9:30am, and there are Wednesday meetings until 9pm. Setback and Impervious Surface Requirements. The following table outlines how the proposed use adheres to the setback and impervious surface requirements of the Public and Quasi-Public Open Space District. The parking lot does not meet the minimum buffer requirement but was granted a variance, as previously mentioned, in order to do so. Public and Quasi Public Open Space Zoning Standards Standard Required Proposed Maximum Parcel Area 20 acres 11.88 acres (6.1 acre site excluding ROW easement) Lot Width – Minimum 100 feet Approximately 660 feet Lot Depth – Minimum 150 feet Approximately 782 feet Maximum Height 50 feet Approximately 39 feet Maximum Impervious Coverage 35% 22.3% Front Yard Setback – Building 100 feet buffer Approximately 409 feet Interior Side Yard Setback – Building 100 feet buffer Approximately 144 feet Rear Yard Setback - Building 100 feet buffer Approximately 463 feet Parking Lot Setback 100 foot buffer 30 feet (variance previously granted) Standards for Places of Worship within the Public and Quasi-Public Zoning District. The following outlines standards for places of worship as outlined in the Public and Quasi-Public zoning district. a. Direct access is provided to a public street classified by the Comprehensive Plan as major collector or arterial; • Staff Comment. The site has direct access to Lake Elmo Avenue North (CSAH 17), which is a major collector as classified by the Comprehensive Plan. b. No use may exceed 235 gallons wastewater generation per day per net acre of land; • Staff Comment. It is unknown how much wastewater is generated, but it is assumed that there is no more than 235 gallons being generated. c. No on-site sewer system shall be designed to handle more than 5,000 gallons per day; • Staff Comment. The drainfield area is 8800 square feet and is existing. d. Exterior athletic fields shall not include spectator seating, public address facilities or lighting; • Staff Comment. There are to exterior athletic fields. e. No freestanding broadcast or telecast antennas are permitted. No broadcast dish or antenna shall extend more than 6 feet above or beyond the principal structure. • Staff Comment. There are no broadcast or telecast antennas, existing or proposed. Parking Lot Requirements Council Meeting 9/18/2018 Item #20 Page 4 Access to Parking Spaces. The parking spaces are accessed by Lake Elmo Avenue North (CSAH 17) and have safe and efficient means of vehicular access to the parking space. Maneuvering Area. There is sufficient space to maneuver the parking lot so that cars do not need to back in to the street. Surfacing and Drainage. The majority of the parking lot is paved with a durable surface. A portion of the parking lot is gravel, however, this is an existing condition and was approved with the Site Plan Review process approved by PR/96-11 and Resolution 2003-096. Marking of Parking Spaces. Parking areas containing five or more spaces are required to be marked with painted lines at least four inches wide. The existing parking lot meets this requirement except for the gravel portion of the parking lot. Curbing. Open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb or barrier of normal height. The existing parking lot meets this requirement except for the gravel portion of the parking lot. Accessible Parking. The existing number of parking spaces is 129, of these, five are handicap – accessible, which meets the Americans with Disabilities Act (ADA) requirements. Number of Parking Spaces. The City’s parking requirements requires one space per six seats. The are 368 seats within the church, and so only 21 spaces would be required, though the applicant has provided 129. This requirement is met. Parking Lot Screening Standards Interior Parking Lot Landscaping. At least 5% of the parking lot is devoted to islands or corner planting beds as is required per the City’s interior parking lot landscaping standards. Additionally, the number of trees required to be provided within these interior islands and corner beds is not met, as nine are required and there are ten existing. Perimeter Parking Lot Landscaping. Council Meeting 9/18/2018 Item #20 Page 5 o Frontage Strip. A well-over five-foot wide frontage strip is provided between the parking area and street. There is also screening provided of the portion of the parking lot along Lake Elmo Avenue as shown below: Landscape Plans. The applicant has submitted landscape plans showing the existing landscaping on the property. Since the site has already undergone a site plan review approved by the City, Staff does not recommend that the City review or require additional landscaping on the property. Septic Drainfield. The existing drainfield is to the east of the existing building, and the proposed addition will not affect the drainfield. Staff has reached out to Washington County Public Health and Environment and has indicated that the system would need to be inspected and assessed by a Licensed Advanced SSTS Inspector to see if it can accommodate the additional wastewater flow generated by the additional classroom occupants. This person would calculate the additional flow, review the system and design, and based on that present an opinion on whether it could accommodate the flow. Architectural Standards within the Public and Quasi-Public Open Space. The addition results in an increase of gross floor area of less than 100% and so is not subject to the Performance Standards set forth in Section 154.600 of the Zoning Code. City Engineer Review. The City Engineer’s review memo is attached to this report: • The grading plan needs to be to scale and corrected and resubmitted for approval. • No additional stormwater management is needed for the expansion. • The memo states that a WAC determination should be made if the property is connected to City water, but based on their lack of a utility account, Staff has determined this is not necessary. • A Washington County inspection compliance report should be submitted for the existing on-site wastewater system, and a wastewater management plan should be approved by Washington County to serve the building expansion if required. Council Meeting 9/18/2018 Item #20 Page 6 Planning Commission Review. The Planning Commission held a public hearing and reviewed the request for a conditional use permit at its September 10, 2018 meeting. The Planning Commission added the condition that the plans must address the comments outlined in the City Engineer review memo regarding the request dated August 27, 2018. The Commission recommended approval of the conditional use permit 7-0. Recommendation Findings. Staff recommends the following findings: 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 use will not be detrimental or in any way endanger the public health, safety, comfort 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for Public/Park, in which a place of worship is a conditional use. 3. The use or development is compatible with the existing neighborhood. The use is compatible with the existing neighborhood and has been in existence since 1996. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The use meets all specific development standards for such use as listed in Section 154.600L Public and Quasi-Public Open Space. 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 property is located outside the 0.2% annual chance floodplain and 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 use is compatible in appearance with the existing and intended character of the general vicinity and will not change the essential character of the area, as it has existed for over twenty years. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use will not be hazardous or create a nuisance. 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 use will be adequately served by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 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 use will not create excessive additional requirements at public cost nor will it be detrimental to the economic welfare of the community. 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 Council Meeting 9/18/2018 Item #20 Page 7 welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The use will not excessively produce 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. Vehicular approaches to the property will not create and have not created traffic congestion or interfere with traffic. Traffic is limited to certain times and days of the weeks. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A Recommended Conditions of Approval. If the Council wishes to recommend approval, staff recommends the following conditions: 1) The applicant must obtain all other necessary City, State, and other governing body permits and approvals prior to the commencement of any construction activity on the parcel including but not limited to a revised grading plan and building permit. 2) All items outlined by the City Engineer in the memorandum addressing the River Valley Christian Church Conditional Use Permit dated August 27, 2018 shall be incorporated into these documents before they are approved. 3) The applicant must provide written documentation demonstrating adequate wastewater management facilities exist or are proposed to serve the expanded building use. This should include either a Washington County inspection compliance report for the existing on-site wastewater system or a wastewater management plan approved by Washington County to serve the proposed expansion if required. FISCAL IMPACT: None OPTIONS: The Council may: • Approve the Conditional Use Permit with recommended findings and conditions of approval. • Approve the Conditional Use Permit with amended findings and conditions of approval. • Deny the Conditional Use Permit, citing findings for denial. RECOMMENDATION: Staff and the Planning Commission recommend approval of the River Valley Christian Church Conditional Use Permit: “Move to adopt Resolution 2018-110 approving the River Valley Church Conditional Use Permit with recommended findings and conditions of approval as drafted by Staff.” ATTACHMENTS: Council Meeting 9/18/2018 Item #20 Page 8 • Application and Narrative • Plans • City Engineer Review Memo dated August 27, 2018 • Resolution 2018-110 approving the River Valley Church Conditional Use Permit PAGE 1 of 1 MEMORANDUM Date: August 27, 2018 To: Emily Becker, Planning Director Re: River Valley Church Addition Cc: Mike Bent, Building Official Engineering Site Plan Review Rob Weldon, Public Works Director Chad Isakson, Assistant City Engineer From: Jack Griffin, P.E., City Engineer A Site Plan engineering review has been completed for the River Valley Church Addition located at 5900 Lake Elmo Avenue at the intersection of Lake Elmo Avenue and Trunk Highway 36. The submittal consisted of the following documentation prepared by Out of the Box Architecture, received on August 27, 2018: River Valley Church Education Center Plans, A0‐A3, L1, dated August 23, 2018. Engineering review comments are as follows: 1. The Site Plan and Grading Plan scale are not correct. The plan scale should be corrected and resubmitted. 2. Engineering did not review zoning requirements, setbacks, impervious surface requirements or parking requirements. 3. Stormwater Management. The proposed improvements appear to consist of a building expansion with sidewalk and stoop, creating 2814 sq. ft. of new impervious surface. No additional storm water management is needed as the new impervious surface is below the City Storm Water Management Plan requirements of 1 acre and below the VBWD threshold of 6,000 Sq. ft. Runoff from the new impervious surfaces will be directed to an existing on‐site storm water pond. 4. City Water. There is an existing 16‐inch trunk watermain located along the west ditch of Lake Elmo Avenue, directly adjacent to the River Valley property. The trunk main is not shown on the plans. If the Church is served by City water, a WAC determination should be made to determine the added WAC/Connection charges to accommodate the expansion. 5. Private Sewer. The River Valley Church is served by a private on‐site wastewater treatment system. Any building expansion should be contingent upon the applicant providing written documentation demonstrating adequate wastewater management facilities exist or are proposed to serve the expanded building use. Documentation should include 1) a Washington County inspection compliance report for the existing on‐site wastewater system, and 2) a wastewater management plan approved by Washington County to serve the proposed building expansion. 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 Resolution 2018-110 509020v1 SJS LA515-1 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2018-110 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLACE OF WORSHIP FOR RIVER VALLEY CHRISTIAN CHURCH FOR THE PROPERTY LOCATED AT 5900 LAKE ELMO AVENUE NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, River Valley Church, 5900 Lake Elmo Avenue North, Lake Elmo, MN 55042 (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for a place of worship for the property located at 5900 Lake Elmo Avenue North (PID# 02.029.21.11.0002) (the “Property”); 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 September 10, 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 September 10, 2018, and WHEREAS, the City Council considered said matter at its September 18, 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. 3) That the proposed Conditional Use Permit includes the following components: a) A Conditional Use Permit for a place of worship for the property located at 5900 Lake Elmo Avenue North. Resolution 2018-110 509020v1 SJS LA515-1 2 4) That the place of worship has been in use since 1996, prior to adoption of City Ordinance requiring a conditional use permit for places of worship and so is non-conforming. 5) That the place of worship has requested to expand, and due to the City’s Non- Conforming Uses, Building and Structures Article of the Zoning Code, a property must be brought in to conformance with the Zoning Code if expanding. 6) That the Conditional Use Permit for a school district transportation center will be for the Property legally described as follows: PART NE1/4-NE1/4 BEING E 787FT OF N 657.77FT OF NE1/4-NE1/4 MEAS AT RT ANG TO E & N LINES OF SD NE1/4-NE1/4 RESPECTIVELY SUBJ TO EASE SECTION 02 TOWNSHIP 029 RANGE 021 7) The use will not be detrimental or in any way endanger the public health, safety, comfort. 8) The property is guided for Public/Park, in which a place of worship is a conditional use. 9) The use is compatible with the existing neighborhood and has been in existence since 1996. 10) The use meets all specific development standards for such use as listed in Section 154.600L Public and Quasi-Public Open Space. 11) The property is located outside the 0.2% annual chance floodplain and shoreland area. 12) The use is compatible in appearance with the existing and intended character of the general vicinity and will not change the essential character of the area, as it has existed for over twenty years. 13) The use will not be hazardous or create a nuisance. 14) The use will be adequately served by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 15) The use will not create excessive additional requirements at public cost nor will it be detrimental to the economic welfare of the community. 16) The use will not excessively produce traffic, noise, smoke, fumes, glare or odors. 17) Vehicular approaches to the property will not create and have not created traffic congestion or interfere with traffic. Traffic is limited to certain times and days of the weeks. Resolution 2018-110 509020v1 SJS LA515-1 3 18) The use will not result in the destruction, loss or damage of 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 River Valley Christian Church for a Conditional Use Permit for a place of worship with the following conditions of approval: 1) The applicant must obtain all other necessary City, State, and other governing body permits and approvals prior to the commencement of any construction activity on the parcel including but not limited to a revised grading plan and building permit. 2) All items outlined by the City Engineer in the memorandum addressing the River Valley Christian Church Conditional Use Permit dated August 27, 2018 shall be incorporated into these documents before they are approved. 3) The applicant must provide written documentation demonstrating adequate wastewater management facilities exist or are proposed to serve the expanded building use. This should include either a Washington County inspection compliance report for the existing on-site wastewater system or a wastewater management plan approved by Washington County to serve the proposed expansion if required. Passed and duly adopted this 18th day of September 2018 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: September 18, 2018 REGULAR ITEM #: 21 MOTION TO: Honorable Mayor and City Council FROM: Sue Iverson – Finance Director AGENDA ITEM: 2019 Budget Information – General Fund and Tax Levy REVIEWED BY: Kristina Handt – City Administrator INTRODUCTION: In preparation for adoption of the preliminary tax levy in September, this memo addresses the following information: discussion on preliminary levy, assumptions being used to prepare the preliminary budget, tax levy, and a discussion on capital improvement funding. The City Council is required by law to adopt a Preliminary Levy for 2019 for Certification to Washington County by September 28, 2018. Once this levy is adopted and certified it cannot be increased, however it may be decreased before final adoption and certification in December. ISSUE BEFORE THE COUNCIL: 1) What Preliminary Property Tax Levy would the City Council like to set for certification in September? 2) Public Hearing date for the 2019 Budget and Final Property Tax Levy will be set for Tuesday, December 4, 2018 at 7:00 p.m. PRELIMINARY LEVY At the August 28, 2018, City Council worksession, council directed staff to remove the $30,000 for Family Means from the budget and to set the levy to increase the tax rate by 2% over the 2018 rate Staff has prepared a budget that would increase the tax rate by 2% over the 2018 tax rate. As you can see from the table on the next page, the Pay 2018 rate was 22.4442% with an overall levy of $3,596,601. The proposed tax rate for Pay 2019 would be 22.902% with an overall levy increase of $593,236 to $4,189,837. ***PLEASE NOTE THESE ARE ESTIMATES USING NUMBERS FROM THE COUNTY*** Below shows the impact to median valued home of $396,964. The table shows both the increase resulting from the increase in market value of 3.7% and Fiscal Disparities ($35.06), and the amount attributed to the proposed levy increase ($17.91) for a total of $52.97. The overall City levy is made up of the General Fund Operating Levy and the Debt Levies. The table to the left shows the Actual 2018 levy and the Proposed 2019 levy if the tax rate were increased by 2%. Note: the 2019 General Fund budget includes $610,076 in transfers to the Vehicle Replacement Fund to reduce future borrowing and debt for equipment and vehicle purchases, meaning, after 2019, if the Vehicle Replacement Fund continues to be funded, the City will not have to borrow for equipment. Actual Proposed % Ite m Pay 2018 Pay 2019 Change (A)(B)(C) 1.Levy before reduction for state aids $3,596,601 $4,189,837 16.5% 2.State Aids - $0 $0 0.0% 3.Certifed Property Tax Levy = $3,596,601 $4,189,837 16.5% 4.Fiscal Disparity Portion of Levy - $149,615 $199,221 33.2% 5.Local Portion of Levy = $3,446,986 $3,990,616 15.8% 6.Local Taxable Value ÷ 15,359,350 17,424,380 13.4% 7.Local Tax Rate = 22.442% 22.902% 2.0% 8.Market Value Referenda Levy $0 $0 0.0% 9.Fiscal Disparity Portion of Levy (SDs only)- $0 $0 0.0% 10.Local Levy = $0 $0 0.0% 11.Referenda Market Value ÷ 1,417,942,900 1,614,873,700 13.9% 12.Market Value Referenda Rate = 0.00000% 0.00000% 0.0% Taxable Taxing Market Homestead Taxable District Value Exclusion Market Tax Net B/4 Credit Credit Value Capacity Tax Proposed Pay 2019 Pay 2019 MV 76,000@.40%500,000@1.0%(B7 x G) + X 0.988 - rem up to 413799 @.09%(D - E)rem @ 1.25%(B12 x D)Annual Increase Monthly incr.Annual Increase Monthly incr.Annual Increas Monthly incr. Estimated Tax District rate as % of total rate: 150,000 23,740 126,260 1,263 $289.25 $19.05 1.59$ $13.33 1.11$ $5.72 0.48$ 396,964 1,513 395,451 3,955 $905.77 $52.97 4.41$ $35.06 2.92$ $17.91 1.49$ 350,000 5,740 344,260 3,443 $788.52 $46.59 3.88$ $30.99 2.58$ $15.60 1.30$ 500,000 - 500,000 5,000 $1,145.10 $62.95 5.25$ $40.30 3.36$ $22.65 1.89$ 750,000 - 750,000 8,125 $1,860.79 $112.56 9.38$ $75.75 6.31$ $36.81 3.07$ Impact from Marget Shifts Impact from Total Change and Fiscal Disparities Levy Increase 2018 2019 GO 2009B $50,911 $43,580 GO 2010A 61,206 59,356 GO 2010B 204,519 205,989 GO 2011A 73,254 76,719 GO 2012A GO 2012B 61,141 65,275 GO 2013A GO 2014A 203,045 203,885 GO 2015A 28,683 25,113 GO 2016A 189,419 189,419 GO 2017A 341,610 346,598 Total Debt Levies $1,213,788 $1,215,932 General Fund $2,382,813 $2,973,905 Total Levy $3,596,601 $4,189,837 OPERATING BUDGETS Salary and Benefits The 2019 preliminary budget is currently being prepared assuming a 2.5% cost-of-living adjustment (COLA) for non-union staff and 3.0% COLA for union staff with no other changes to the compensation policies, step and grade system. Medical benefits are estimated to increase by 6%. A contingency of $54,892 has been built into the budget for increases that might occur before final adoption that are currently unknown. General Fund Revenues are largely increased due to the proposed operating levy for the General Fund. Since the City is in an expansion phase we have projected a conservative estimate for building permits, planning, and zoning fees. Cable franchise revenues are increasing as the City builds out. State Fire Aid and Municipal State Aids (MSA) for road maintenance are based on the current estimates done this year. Tower Rent has increased as we have two additional leases and current lease increases. The Mayor and Council budget remains fairly flat with the exception of some IT expenses. Communications shows a reduction of which $33,700 is expenditures for IT that are reallocated throughout the budget to the proper departments. Finance has an overall decrease of 14.41% as a result of hiring a full-time Finance Director as opposed to contracting with a consultant, and elimination of the one-time software costs in 2018 for the software conversion. The most noteable change in Planning & Zoning is the decrease of $31,000 as the result of completing the Comprehensive Plan. Keats Ave Turn Lane has been added in Engineering. The Sheriff’s contract increased 5.58%. Building Inspections had an additional Inspector in the 2018 budget, but since that position has not been filled, staff has reevaluated and changed this for 2019 to reflect a part-time position. A new vehicle for Building Inspections had previously been budgeted for 2018 and has been moved to 2019. Public Works is comprised of Streets (General Fund), Parks (General Fund), Water, Sewer, and Storm Water. An additional employee General Fund Revenues Property Tax Levy $771,207 Fiscal Disparities 49,606 Building/Mechanical Permits 77,000 State Fire Aid 13,000 MSA Maintenance 16,166 Planning & Zoning Fees 15,005 Cable Franchise Revenue 17,000 Tower Rent 55,148 Miscellaneous -13,857 $1,000,275 General Fund Expenditures Assessing Services $28,150 Elections -8,500 Finance Director 103,677 Finance Consultant -105,150 Finance software costs -16,682 Comprehensive Plan -31,000 Keats Ave Turn Lane 70,000 Sheriff's contract 37,093 Building Inspector change -20,604 Sealcoating & Crack Sealing 165,000 Sunfish Management 10,000 Mowing Contracts 58,000 Snow removal sidewalks 10,000 Fund balance to Vehicle Fund 100,000 Budget transfer to Vehicle Fund 75,000 Additional transfer to Vehicle Fund 435,076 Contingency 54,892 Miscellaneous -34,677 $930,275 has been added to the budget consistent with the consultant recommendation from 2016, but has been spread across all funds. Staff reevaluated the Public Works employees’ time cards and has changed the allocation of salaries and benefits to more accurately reflect costs in the proper departments. $10,000 has been budgeted for Sunfish Lake Park Management and $58,000 has been budgeted for mowing contracts. The Finance Committee recommended that a Vehicle Replacement Fund be established with $100,000 from the General Fund Balance and $75,000 as a budgeted transfer from Fire, Streets, and Parks & Recreation. Additional funds of $435,076 from the tax levy not needed for the operating budget is also being placed into this fund, thus reducing the need to bond for equipment in the future. FINANCIAL MANAGEMENT PLAN Per direction from the City Council, staff has prepared the forecast keeping the City’s Tax Rate at a 2% increase through 2022. This was done to deal with the concerned of fluctuating tax rates in the original 10 year projections, especially in year 2023 when the new City Hall/Fire Station costs/debt would be added to the tax rolls. This stabilizes the increases much like you would do with utility rates. This provides several benefits: 1. The tax increase is a steady increase of 3.6% or about $33-$36 a year (2020 – 2022) and 5.2% or $52-$56 a year (2023 – 2024) on the median valued home (projecting a 1.5% market value increase each year). 2. The plan shows that existing homeowners would be paying for the normal increases in the budget and costs due to inflation (as the City is estimating expenses increasing by 4% per year) while new development would be paying for the increased costs in services and equipment due to development as these have been worked into the plan as well as current expenses. 3. The costs of the new City Hall and Fire Station are minimized to current residents as the impact would be about 5.2% increase or $52-$56 on the median valued home in 2023 and 2024. 4. Additional reserves would be accumulating to assist with future equipment expenses, thus eliminating the need to borrow or bond, thus growing our fund balances to maintain reserve levels to achieve favorable bond ratings. (The fund balance reserve is calculated using the percent of the current year’s operating budget less transfers, so as the budget grows so will the required reserves to meet this level. The reserves can be an accumulation of all governmental funds excluding the enterprise funds, it is not just the general fund reserves.) So placing funds in the Vehicle Replacement Fund rather than leaving them in the Undesignated General Fund Balance shows greater transparency on what the reserves will be used for and does not hurt our chances for a favorable bond rating. 5. In looking at the tax rate in 2014 of 27.761% the forecast shows that the tax rate thru 2029, even with the proposed increase of 2% for 2019 - 2022 and the City Hall/Fire Station will still not be at the 2014 level. The City continues to compare favorably to other cities and taxing jurisdictions in Washington County when looking at 2018 tax rates. 6. As these forecasts are high level indications of what is planned at this point, they will constantly be monitored and changes based on decisions and economic factors as they occur. They are meant to provide a look into the future to better assist in making decisions and policy based on our long-range plans. Out years after 2024 will need refining to help build reserve funds to pay for maintaining infrastructure and repairs and minimize the need for bonding as once development slows, the City will need to have reserves for these purposes. FISCAL IMPACT: The proposed budgets and tax levy will help support necessary city services to be provided in 2019. In addition, consideration of the impact of the decisions made today will help the City plan for the future with the goal of sound fiscal management. OPTIONS: 1) Adopt Resolution 2018-104 Approving the 2019 Preliminary General Fund Budget, 2019 Preliminary Property Tax Levy, and Setting Public Hearing Date for the 2019 Budget and 2019 Property Tax Levy for Tuesday, December 4, 2018 at 7:00 p.m. 2) Amend and then adopt Resolution 2018-104 Approving the 2019 Preliminary General Fund Budget, 2019 Preliminary Property Tax Levy, and Setting Public Hearing Date for the 2019 Budget and 2019 Property Tax Levy for Tuesday, December 4, 2018 at 7:00 p.m. 3) Do not adopt Resolution 2018-104. RECOMMENDATION: “Motion to approve Resolution 2018-104, approving the 2019 Preliminary General Fund Budget, 2019 Preliminary Property Tax Levy, and setting a Public Hearing date for the 2019 Budget and Property Tax Levy for Tuesday, December, 4, 2018 at 7:00 p.m.” ATTACHMENTS: • 2019 Preliminary General Fund Budget 9-18-18 • Draft Long-Range Financial Management Plan • Resolution No. 2018-104 Approving the 2019 Preliminary General Fund Budget, 2019 Preliminary Property Tax Levy, and Setting Public Hearing Date for the 2019 Budget and 2019 Property Tax Levy for Tuesday, December 4, 2018 at 7:00 p.m. Washington County Tax Rates Rank Taxing Authority 2018 1 Landfall 80.743 2 Hastings 60.964 3 Newport 58.736 4 Marine 55.060 5 Oak Park Heights 54.462 6 Stillwater 53.790 7 Willernie 49.748 8 Lake St. Croix Beach 47.497 9 St. Paul Park 42.591 10 Forest Lake 41.871 11 Cottage Grove 40.583 12 Oakdale 38.544 13 Lakeland 36.540 14 Hugo 36.330 15 Bayport 36.017 16 Scandia 35.058 17 Mahtomedi 33.972 18 Woodbury 33.670 19 Afton 32.255 20 Birchwood 24.904 21 Lakeland Shores 24.653 22 St. Mary's Point 22.517 23 Lake Elmo 22.442 24 Grey Cloud Island 21.834 25 Stillwater Township 21.759 26 White Bear Lake 19.058 27 Dellwood 14.614 28 Grant 13.907 29 Baytown Township 13.730 30 Denmark Township 11.063 31 May Township 10.832 32 Pine Springs 8.730 33 West Lakeland Township 8.157 CITY OF LAKE ELMO 2019 PROPOSED BUDGET SUMMARY General Fund 1 Adopted 2018 to Dollar Change 2018 2019 Proposed 2019 2018 Adopt to Account Number Description Adopted Proposed Percent Change 2019 Proposed Comments General Fund Revenues: Total Taxes 2,382,813$ 3,203,626$ 34.45%820,813$ Property tax $771,207, Fiscal Disparities $49,606 Total Licenses and Permits 994,400$ 1,056,900$ 6.29%62,500$ Incr. in various permits, Fireplace, Siding, Roofing Total Intergovernmental 238,026$ 267,835$ 12.52%29,809$ Incr. in Fire Aid and MSA Maintenance from State Total Charges for Services 611,595$ 626,600$ 2.45%15,005$ Planning and Zoning Fees Total Fines and Forfeits 49,000$ 49,000$ 0.00%-$ Total Investment Earnings 40,000$ 40,000$ 0.00%-$ Total Miscellaneous 160,900$ 233,048$ 44.84%72,148$ Incr. in Cable Franchise Rev. plus 2 new leases Total General Fund Revenues:4,476,734$ 5,477,009$ 22.34%1,000,275$ General Fund Expenditures: 1110 Mayor & Council Total Personnel 27,854$ 27,893$ 0.14%39$ Total Materials and Supplies 330$ 3,526$ 968.48%3,196$ $2,000 Council laptops (2), $1,101 Email Support Total Charges and Services 20,220$ 20,800$ 2.87%580$ 1110 Total Mayor & Council 48,404$ 52,219$ 7.88%3,815$ 1320 Administration Total Personnel 294,732$ 302,659$ 2.69%7,927$ Allocation Change for Deputy Clerk Total Materials and Supplies 5,385$ 4,350$ -19.22%(1,035)$ Total Charges and Services 218,020$ 241,351$ 10.70%23,331$ Assessing Services Incr. $28,150, Legal Services decr. $10,000, Codification $5,000 Total Miscellaneous 600$ 1,791$ 198.50%1,191$ 1320 Total Administration 518,737$ 550,151$ 6.06%31,414$ 1410 Elections Total Personnel 7,500$ -$ -100.00%(7,500)$ No Election in 2019 Total Charges and Services 1,660$ 1,660$ 0.00%-$ Total Capital Outlay -$ -$ #DIV/0!-$ Total Miscellaneous 1,000$ -$ -100.00%(1,000)$ No Election in 2019 1410 Total Elections 10,160$ 1,660$ -83.66%(8,500)$ 1450 Communications Total Personnel 40,620$ 43,920$ 8.12%3,300$ Total Charges and Services 46,500$ 11,785$ -74.66%(34,715)$ Allocation change - now IT Costs allocated to each department based on use 1450 Total Communications 87,120$ 55,705$ -36.06%(31,415)$ 1520 Finance CITY OF LAKE ELMO 2019 PROPOSED BUDGET SUMMARY General Fund 2 Adopted 2018 to Dollar Change 2018 2019 Proposed 2019 2018 Adopt to Account Number Description Adopted Proposed Percent Change 2019 Proposed Comments Total Personnel 33,624$ 137,301$ 308.34%103,677$ Hired new Finance Director Total Materials and Supplies 975$ 1,175$ 20.51%200$ Total Charges and Services 160,383$ 24,802$ -84.54%(135,581)$ Contract Service reduced due to hire of Finance Director Total Miscellaneous 1,625$ 5,000$ 207.69%3,375$ 1520 Total Finance 196,607$ 168,278$ -14.41%(28,329)$ 1910 Planning & Zoning Total Personnel 203,930$ 214,424$ 5.15%10,494$ Salary incr. and Insurance Incr. Total Materials and Supplies 800$ 500$ -37.50%(300)$ Total Charges and Services 66,640$ 39,215$ -41.15%(27,425)$ Comprehensive Plan Total Miscellaneous 200$ 200$ 0.00%-$ 1910 Total Planning & Zoning 271,570$ 254,339$ -6.34%(17,231)$ 1930 Engineering Services Total Charges and Services 36,216$ 109,000$ 200.97%72,784$ Capital Outlay for Keats Ave Turn Lane 1930 Total Engineering Services 36,216$ 109,000$ 200.97%72,784$ 1940 City Hall Total Materials and Supplies 800$ 800$ 0.00%-$ Total Charges and Services 66,337$ 64,839$ -2.26%(1,498)$ Reduction in costs but added IT charges for City Hall previously in Communications Total Miscellaneous 1,016$ 1,800$ 77.17%784$ 1940 Total City Hall 68,153$ 67,439$ -1.05%(714)$ 2100 Police Total Charges and Services 665,675$ 702,768$ 5.57%37,093$ Per Washington County 2100 Total Police 665,675$ 702,768$ 5.57%37,093$ 2150 Prosecution Total Charges and Services 44,996$ 45,792$ 1.77%796$ 2150 Total Prosecution 44,996$ 45,792$ 1.77%796$ 2220 Fire Total Personnel 401,803$ 433,742$ 7.95%31,939$ Wage Incr, POC pay rate change, retirement, workers comp Total Materials and Supplies 35,375$ 37,925$ 7.21%2,550$ 2 AEDs Total Charges and Services 131,265$ 169,222$ 28.92%37,957$ IT costs now charged here - previously in Communications, 5 new computers - replacement, replace 2 portable radios Total Capital Outlay -$ 9,438$ #DIV/0!9,438$ Transfer to Vehicle Replacement Fund Total Miscellaneous 2,000$ 2,000$ 0.00%-$ 2220 Total Fire 570,443$ 652,327$ 14.35%81,884$ CITY OF LAKE ELMO 2019 PROPOSED BUDGET SUMMARY General Fund 3 Adopted 2018 to Dollar Change 2018 2019 Proposed 2019 2018 Adopt to Account Number Description Adopted Proposed Percent Change 2019 Proposed Comments 2250 Fire Relief Total Charges and Services 47,000$ 60,000$ 27.66%13,000$ Pass Thru based on revenue received from State 2250 Total Fire Relief 47,000$ 60,000$ 27.66%13,000$ 2400 Building Inspection Total Personnel 369,228$ 348,624$ -5.58%(20,604)$ Replaced Full-time positions budgeted in 2018 (not filled) with a Part-Time position Total Materials and Supplies 5,700$ 5,700$ 0.00%-$ Total Charges and Services 19,570$ 30,245$ 54.55%10,675$ IT charges now charged here - previously in Communications, Replace 3 computer desktops Total Capital Outlay 24,000$ 24,000$ 0.00%-$ Total Miscellaneous 1,000$ 1,000$ 0.00%-$ 2400 Total Building Inspection 419,498$ 409,569$ -2.37%(9,929)$ 2500 Emergency Communications Total Charges and Services 1,780$ 1,780$ 0.00%-$ 2500 Total Emergency Communications 1,780$ 1,780$ 0.00%-$ 2700 Animal Control Total Charges and Services 7,725$ 9,000$ 16.50%1,275$ 2700 Total Animal Control 7,725$ 9,000$ 16.50%1,275$ 3100 Streets Total Personnel 467,620$ 453,043$ -3.12%(14,577)$ Allocation changes and 1 additional worker Total Materials and Supplies 154,850$ 166,600$ 7.59%11,750$ $10,000 Forlift Total Charges and Services 631,500$ 798,292$ 26.41%166,792$ Lake Elmo Ave Phase 3, Discover Bridge Crossing Street Maintenance Total Capital Outlay 145,000$ 50,745$ -65.00%(94,255)$ Transfer to Vehicle Replacement Fund $50,745, ($145,000) decr. From purchases in 2018 Total Miscellaneous 1,800$ 1,000$ -44.44%(800)$ 3100 Total Streets 1,400,770$ 1,469,680$ 4.92%68,910$ 5200 Parks & Recreation Total Personnel 170,380$ 224,358$ 31.68%53,978$ Allocation changes and 1 additional worker Total Materials and Supplies 13,800$ 18,300$ 32.61%4,500$ Fuel, Oil, and Fluids now being spread across all PW & Utility Dept. Total Charges and Services 65,500$ 142,860$ 118.11%77,360$ Contracted Services for Sunfish Mgmt (GRG) $10,000 and Mowing $58,000 Total Capital Outlay 25,000$ 14,817$ -40.73%(10,183)$ $14,817 Transfer to Vehicle Replacement Fund, ($15,000) decr. In capital outlay from 2018 Total Miscellaneous 1,200$ 1,000$ -16.67%(200)$ 5200 Total Parks & Recreation 275,880$ 401,335$ 45.47%125,455$ 9000 Transfers CITY OF LAKE ELMO 2019 PROPOSED BUDGET SUMMARY General Fund 4 Adopted 2018 to Dollar Change 2018 2019 Proposed 2019 2018 Adopt to Account Number Description Adopted Proposed Percent Change 2019 Proposed Comments Total Transfers -$ 535,076$ #DIV/0!535,076$ $100,000 use of fund balance transferred to Vehicle Replacement Fund per CIP, $435,076 transfer to Vehicle Replacement Fund from 2019 Budget 9000 Total Transfers -$ 535,076$ #DIV/0!535,076$ 9000 Contingency Reserve Contingency Total Contingency Reserve - 54,892 #DIV/0!54,892$ Reserve for increases that might occur before the final asoptin that are currently unknown. Total Contingency -$ 54,892$ #DIV/0!54,892$ 9000 Total Contingency Reserve -$ 54,892$ #DIV/0!54,892$ Total General Fund Expenditures:4,670,734$ 5,601,009$ 19.92%930,275$ Total Gen Fund Revs. Over/(Under) Expenditures:(194,000)$ (124,000)$ -36.08% Use of Fund Balance Budgeted, $100,000 to start Vehicle Replacement Fund, $24,000 Building Insp Vehicle not replaced in 2018 but budgeted - moved to 2019 Totals by Category Personnel 2,017,291$ 2,185,964$ 8.36%168,673$ Incr. in wages and insurance. I additional employee PW and 3 additional PT Fire Materials and Supplies 218,015$ 238,876$ 9.57%20,861 $10,00 Forklift, $4,500 Fuel Oil & Fluids, $2,550 2 AEDs, $3,101 Council Computer/IT charges Charges and Services 2,230,987$ 2,473,410$ 10.87%242,423 Sunfish Mgmt (GRG), Lake Elmo Ave Phase 3, Discover Bridge Crossing, Assessing Services, Family Means Capital Outlay 194,000$ 99,000$ -48.97%(95,000) $24,000 Building Insp Vehicle Budgeted in 2018 - not purchased - moved to 2019, 75,000 budgeted to transfer to Vehicle Replacement Fund per CIP Miscellaneous 10,441$ 13,791$ 32.09%3,350 $3,375 charges in Finance not previously budgeted but charged (bank fees, wire transfer fees, account fees) Transfers -$ 535,076$ #DIV/0!535,076 $100,000 use of fund balance transferred to Vehicle Replacement Fund per CIP, $435,076 transfer to Vehicle Replacement Fund from 2019 Budget Contingency Reserve -$ 54,892$ #DIV/0!54,892 Reserve for possible law changes which may impact health insurance rates for 2019. TOTALS:4,670,734$ 5,601,009$ 19.92%930,275$ Total by Function General Government 1,236,967$ 1,313,682$ 6.20%76,715$ Public Safety 1,733,117$ 1,847,798$ 6.62%114,681$ Public Works 1,255,770$ 1,418,935$ 12.99%163,165$ Culture & Recreation 250,880$ 386,518$ 54.06%135,638$ Capital Outlay 194,000$ 99,000$ -48.97%(95,000)$ Transfers -$ 535,076$ #DIV/0!535,076$ Total 4,670,734$ 5,601,009$ 19.92%930,275$ CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 5 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments General Fund Revenues: Taxes 101-000-0000-31010 Current Ad Valorem Taxes 2,019,331$ 1,643,358$ 2,202,698$ 1,347,588$ 2,382,813$ 2,973,905$ 35.01% 101-000-0000-31020 Delinquent Ad Valorem Taxes 13,546 18,313 15,000 13,864 15,000 15,000 0.00% 101-000-0000-31030 Mobile Home Tax 14,366 17,547 15,000 - 15,000 15,000 0.00% Delinquent Mobile Home Tax 3,145 #DIV/0! 101-000-0000-31040 Fiscal Disparities 157,096 159,325 149,615 96,558 193,117 199,221 33.16% Delinquent Fiscal Disparities 2,399 #DIV/0! 101-000-0000-31050 Tax Abatement #DIV/0! 101-000-0000-31910 Penalty & Interest on Taxes 185 2,400 500 754 500 500 0.00% 101-000-0000-31920 Forfeited Tax Sale Apportionment - 269 #DIV/0! Total Taxes 2,204,524$ 1,841,212$ 2,382,813$ 1,464,308$ 2,606,430$ 3,203,626$ 34.45% Licenses and Permits 101-000-0000-32110 Liquor License 7,025 8,300 8,300 200 8,300 8,300 0.00% 101-000-0000-32180 Wastehauler License 1,560 1,000 1,000 1,000 0.00% 101-000-0000-32181 General Contractor License 150 150 - #DIV/0! 101-000-0000-32183 Heating Contractor License 3,450 900 - #DIV/0! 101-000-0000-32210 Building Permits 902,690 1,146,350 800,000 500,865 787,714 800,000 0.00% 101-000-0000-32211 Driveway Permits 10,190 19,390 17,500 10,980 17,460 15,000 -14.29% Fireplace Permits 11,040 16,320 16,000 #DIV/0! 101-000-0000-32220 Heating Permits 128,558 135,814 60,000 36,562 58,718 60,000 0.00% 101-000-0000-32230 Plumbing Permits 92,752 107,948 60,000 35,802 57,084 60,000 0.00% Pool Permits 750 900 1,000 #DIV/0! Siding Permits 14,927 14,927 12,500 #DIV/0! Roof Permits 60,022 60,022 50,000 #DIV/0! 101-000-0000-32240 Animal License 1,900 1,875 2,000 1,200 1,500 - -100.00%Discontinue in 2019 101-000-0000-32250 Utility Permits 60,234 43,393 33,000 20,272 26,880 27,000 -18.18% 101-000-0000-32260 Burning Permit 2,035 1,575 2,500 1,325 2,000 2,000 -20.00% 101-000-0000-32270 Massage Therapy Licenses 75 100 100 200 200 100 0.00% 101-000-0000-35101 Fire Sprinkler Alarm Fees - 8,500 273 1,300 2,500 -70.59% Fire Alarm Fees - 12,273 1,500 470 1,500 1,500 0.00% Total Licenses and Permits 1,210,619$ 1,477,918$ 994,400$ 695,037$ 1,055,825$ 1,056,900$ 6.29% Intergovernmental 101-000-0000-33418 MSA - Maintenance 123,433 122,883 135,561 144,502 151,727 11.93%From City Engrineer 101-000-0000-33420 State Fire Aid 59,136 61,147 47,000 47,000 60,000 27.66%November receipt 101-000-0000-33422 PERA Aid 2,749 2,749 2,749 2,749 2,749 0.00%July and December receipt. 101-000-0000-33426 Miscellaneous State Grants 8,367 19,406 4,820 4,820 4,820 0.00%DNR/Sunfish Lake Trail Grooming Payment in Lieu of Taxes - 32,130 32,130 32,773 2.00%ISD 916 Service Fee Due in Dec. - 2% incr./yr. End in 2026 101-000-0000-33621 Recycling Grant 15,688 - 15,766 - - 15,766 0.00%June/July Every other year? Total Intergovernmental 209,373$ 206,185$ 238,026$ -$ 231,201$ 267,835$ 12.52% Charges for Services 101-000-0000-34103 Zoning & Subdivision Fees 33,490 54,956 55,000 21,165 40,000 45,000 -18.18% 101-000-0000-34104 Plan Check Fees 500,965 580,817 525,000 314,701 525,000 525,000 0.00% 101-000-0000-34105 Sale of Copies, Books, Maps 213 27 200 17 200 200 0.00% 101-000-0000-34107 Assessment Searches 4,905 1,140 1,395 420 1,395 1,400 0.36% 101-000-0000-34110 Rent 12 #DIV/0! 101-000-0000-34111 Cable Operation Reimbursement 1,600 2,104 5,000 5,000 5,000 5,000 0.00%Offset with Cable Operators charge in Communications 101-000-0000-34112 Planning & Zoning Review Fee 69,524 16,000 25,000 25,000 #DIV/0!$100 every new review charged 101-000-0000-36206 Escrow Administration Fee 2,800 30,000 25,000 15,600 25,000 25,000 0.00%$100 every new escrow is charged Total Charges for Services 543,973$ 738,580$ 611,595$ 372,903$ 621,595$ 626,600$ 2.45% Fines and Forfeits CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 6 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments 101-000-0000-35100 Fines 49,505 41,418 49,000 - 42,000 49,000 0.00%Based on averages Total Fines and Forfeits 49,505$ 41,418$ 49,000$ -$ 42,000$ 49,000$ 0.00% Investment Earnings 101-000-0000-36210 Interest Earnings 20,437 27,665 40,000 - 40,000 40,000 0.00%Incr Int rates and Investing Total Investment Earnings 20,437$ 27,665$ 40,000$ -$ 40,000$ 40,000$ 0.00% Miscellaneous 101-000-0000-33622 Cable Franchise Revenue 98,218 67,178 68,000 81,581 81,581 85,000 25.00%Based on 2018 amounts 101-000-0000-36200 Miscellaneous Revenue 28,205 78,241 29,900 731 29,900 29,900 0.00%misc. accts. Receivable, dev. Fees. Conservation Easement Fee 20,000 20,000 #DIV/0! 101-000-0000-36204 Reimbursements - Fire 1,500 9,940 - - - #DIV/0! 101-000-0000-36230 Donations 10,000 17,837 10,000 14,036 10,000 10,000 0.00% 101-000-0000-37180 Tower Rent - 47,084 53,000 19,543 53,000 108,148 104.05%Based on contracts. 3% incr ATT, plus 2 new tower leases Total Miscellaneous 137,923$ 220,280$ 160,900$ 135,891$ 194,481$ 233,048$ 44.84% Total General Fund Revenues:4,376,354$ 4,553,258$ 4,476,734$ 2,668,139$ 4,791,533$ 5,477,009$ 22.34% General Fund Expenditures: 1110 Mayor & Council Personnel 101-410-1110-41030 Part-time Salaries 25,690 25,690 25,690 12,845 25,690 25,690 0.00% 101-410-1110-41220 FICA Contributions 1,593 1,593 1,593 796 1,593 1,593 0.00% 101-410-1110-41230 Medicare Contributions 373 373 373 186 373 373 0.00% 101-410-1110-41510 Workers Compensation - 67 198 237 237 237 19.70% Total Personnel 27,655$ 27,723$ 27,854$ 14,064$ 27,893$ 27,893$ 0.14% Materials and Supplies 101-410-1110-42000 Office Supplies 72 114 30 30 125 316.67%business cards, name tags, etc 101-410-1110-42001 Computer Reimbursement - 1,911 2,000 #DIV/0!potential 2 new members 101-410-1110-43310 Mileage - - 300 - 300 300 0.00% IT Support 1,101 #DIV/0!Council Email Support (Roseville) IT Hardware #DIV/0! Software Programs - - - - - - #DIV/0! Total Materials and Supplies 72$ 2,025$ 330$ -$ 330$ 3,526$ 968.48% Charges and Services 101-410-1110-44300 Miscellaneous 15,691 6,568 6,750 111 6,750 7,000 3.70%$5250 YSB, misc 101-410-1110-44330 Dues & Subscriptions 11,986 16,045 12,470 3,655 12,470 12,800 2.65%$9k LMC, $3,750 MC, $30 MA 101-410-1110-44370 Conferences & Training 520 180 1,000 - 1,000 1,000 0.00% Total Charges and Services 28,197$ 22,793$ 20,220$ 3,766$ 20,220$ 20,800$ 2.87% 1110 Total Mayor & Council 55,924$ 52,540$ 48,404$ 17,830$ 48,443$ 52,219$ 7.88% 1320 Administration Personnel 101-410-1320-41010 Full-time Salaries 195,150 240,650 217,946 144,317 217,946 222,374 2.03%Allocation Change for 2018 (Deputy Clerk) 101-410-1320-41030 Part-time Salaries - #DIV/0! Overtime #DIV/0! Temporary Employees 5,613 17,733 #DIV/0!Intern 101-410-1320-41210 PERA Contributions 14,378 18,049 16,346 10,828 16,346 16,678 2.03% 101-410-1320-41220 FICA Contributions 11,823 15,185 13,146 8,484 13,146 17,012 29.41% 101-410-1320-41230 Medicare Contributions 2,765 3,509 3,160 1,984 3,160 -100.00% 101-410-1320-41300 Insurance 28,335 39,840 42,456 10,266 42,456 43,048 1.39%6% Ins increase CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 7 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments Life Insurance 344 #DIV/0! STD/LTD 1,198 #DIV/0! 101-410-1320-41420 Unemployment Benefits - #DIV/0! 101-410-1320-41510 Workers Compensation 6,252 818 1,678 2,005 2,005 2,005 19.49% Total Personnel 264,317$ 335,784$ 294,732$ 177,884$ 295,059$ 302,659$ 2.69% Materials and Supplies 101-410-1320-42000 Office Supplies 5,113 4,683 4,500 1,646 4,000 4,250 -5.56% 101-410-1320-42030 Printed Forms 771 84 785 1,039 1,050 100 -87.26%Deposit slips & Receipt books? 101-410-1320-43090 Newsletter/Website - 2,091 100 2,069 90 - -100.00%Move all to Communications in 2019 Total Materials and Supplies 5,885$ 6,858$ 5,385$ 4,754$ 5,140$ 4,350$ -19.22% Charges and Services 101-410-1320-43100 Assessing Services 52,049 51,646 53,350 7,983 7,983 81,500 52.76%Wash Co bills June for previous year 101-410-1320-43040 Legal Services 322,842 140,883 100,000 60,565 100,000 90,000 -10.00% 101-410-1320-43150 Contract Services 1,019 15,921 3,000 1,420 3,000 3,100 3.33%Shred it, misc 101-410-1320-43180 Information Technology/Web 470 909 4,500 2,221 8,221 -100.00%created 3 new accounts below IT Support 6,682 #DIV/0!Roseville IT Hardware 1,500 #DIV/0!One computer at $1000 (laptop) 101-410-1320-43190 Software Programs 2,338 2,601 3,750 2,011 3,750 1,309 -65.09%laser fiche, adobe, etc (Roseville $1309) 101-410-1320-43210 Telephone 1,574 1,585 1,770 642 1,770 2,511 41.86%Roseville $1169, Sprint $741 101-410-1320-43220 Postage 3,741 (87) 4,000 1,149 3,000 3,000 -25.00% 101-410-1320-43310 Mileage 418 832 1,000 170 1,000 1,100 10.00% 101-410-1320-43510 Legal Publishing 8,003 2,655 13,000 1,473 13,000 10,000 -23.08%Recodification 101-410-1320-43610 Insurance 26,121 27,130 29,400 30,999 30,999 35,649 21.26% 2018 Inc due to 2016 lawsuits - corr allocation incr 15% over prev yr 101-410-1320-43620 Cable Operation Expense - - #DIV/0! 101-410-1320-44330 Dues & Subscriptions 1,877 1,227 2,250 1,889 1,890 2,000 -11.11% 101-410-1320-44370 Conferences & Training 844 1,453 2,000 1,987 2,500 3,000 50.00% Total Charges and Services 421,296$ 246,756$ 218,020$ 112,509$ 177,113$ 241,351$ 10.70% Miscellaneous 101-410-1320-44300 Miscellaneous 538 534 600 1,022 1,000 1,791 198.50%inc $ for public service recognition Total Miscellaneous 538$ 534$ 600$ 1,022$ 1,000$ 1,791$ 198.50% 1320 Total Administration 692,035$ 589,932$ 518,737$ 296,169$ 478,312$ 550,151$ 6.06% 1410 Elections Personnel 101-410-1410-41030 Part-time Salaries 7,037 7,500 7,500 - -100.00%No elections in 2019 101-410-1410-41510 Workers Compensation - - - - - - #DIV/0! Total Personnel 7,037$ -$ 7,500$ -$ 7,500$ -$ -100.00% Charges and Services 101-410-1410-43310 Travel Expense 6 101-410-1410-43150 Contract Services 1,200 1,660 1,660 1,660 1,660 1,660 0.00%Wash. Cty. charges for elections Total Charges and Services 1,200$ 1,660$ 1,660$ 1,666$ 1,660$ 1,660$ 0.00% Capital Outlay 101-410-1410-45800 Other Equipment 20 - - - - - #DIV/0! Total Capital Outlay 20$ -$ -$ -$ -$ -$ #DIV/0! Miscellaneous 101-410-1410-44300 Miscellaneous 835 - 1,000 - 1,000 - -100.00% Total Miscellaneous 835$ -$ 1,000$ -$ 1,000$ -$ -100.00% CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 8 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments 1410 Total Elections 9,092$ 1,660$ 10,160$ 1,666$ 10,160$ 1,660$ -83.66% 1450 Communications Personnel 101-410-1450-41010 Full-time Salaries 7,759 28,434 15,247 28,434 30,800 8.32% 101-410-1450-41030 Part-time Salaries #DIV/0! Overtime #DIV/0! Temporary Employees #DIV/0!Interns 101-410-1450-41210 PERA Contributions 582 2,133 1,144 2,133 2,310 8.30% 101-410-1450-41220 FICA Contributions 477 1,763 961 1,763 2,356 33.64% 101-410-1450-41230 Medicare Contributions 112 412 225 412 -100.00% 101-410-1450-41300 Insurance 933 7,659 795 7,659 7,972 4.09% Life Insurance 63 #DIV/0! STD/LTD 157 #DIV/0! #DIV/0! 101-410-1450-41510 Workers Compensation - - 219 262 262 262 19.63% Total Personnel -$ 9,863$ 40,620$ 18,633$ 40,663$ 43,920$ 8.12% Charges and Services 101-410-1450-43090 Newsletter 5,000 2,930 5,000 3,000 -40.00%printing only 101-410-1450-43180 Information Technology/Web 50,580 58,147 35,500 34,878 35,500 1,800 -94.93%$1200 Website, $600 Constant Contact IT Support 535 #DIV/0!Roseville IT Hardware #DIV/0! Software Programs #DIV/0! 101-410-1450-43210 Telephone 308 #DIV/0! 101-410-1450-43220 Postage 1,000 1,419 1,450 45.00%newsletter postage 101-410-1450-43310 Mileage #DIV/0! 101-410-1450-43510 Public Notices #DIV/0! 101-410-1450-43620 Cable Operations 3,955 6,035 5,000 2,910 5,000 5,000 0.00% 101-410-1450-44370 Conferences and Training - 1,314 - - - - #DIV/0! Total Charges and Services 54,843$ 65,496$ 46,500$ 40,718$ 46,919$ 11,785$ -74.66% 1450 Total Communications 54,843$ 75,359$ 87,120$ 59,351$ 87,582$ 55,705$ -36.06% 1520 Finance Personnel 101-410-1520-41010 Full-time Salaries 63,053 68,372 14,665 23,395 68,942 97,334 563.72%2018 & 2017 Hired Full Time Fin Dir 101-410-1520-41030 Part-time Salaries #DIV/0! Overtime #DIV/0! Temporary Employees 12,702 5,874 6,760 2,556 6,600 6,760 0.00%Interns 101-410-1520-41210 PERA Contributions 5,281 1,833 1,100 1,755 5,171 7,300 563.64%2018 & 2017 Hired Full Time Fin Dir 101-410-1520-41220 FICA Contributions 4,500 4,461 1,328 1,540 4,274 7,963 499.62%2018 & 2017 Hired Full Time Fin Dir (FT $7446, Intern $517) 101-410-1520-41230 Medicare Contributions 1,052 1,043 311 360 1,000 -100.00%2018 & 2017 Hired Full Time Fin Dir 101-410-1520-41300 Insurance 10,938 7,572 3,831 1,536 12,989 16,741 336.99%2018 & 2017 Hired Full Time Fin Dir Life Insurance 125 #DIV/0!2018 & 2017 Hired Full Time Fin Dir STD/LTD 638 #DIV/0!2018 & 2017 Hired Full Time Fin Dir 101-410-1520-41420 Unemployment Benefits 3,220 5,464 0 - -100.00%16 weeks in 2017 and 10 weeks in 2018 at 80% 101-410-1520-41510 Workers Compensation 204 440 165 244 244 440 166.67% Total Personnel 97,730$ 92,814$ 33,624$ 31,386$ 99,220$ 137,301$ 308.34% Materials and Supplies 101-410-1520-42000 Office Supplies 338 621 600 1,077 1,500 800 33.33% 101-410-1520-42030 Printed Forms 1,117 - 375 - 375 375 0.00%Checks ordered in Oct. 2016. Total Materials and Supplies 1,456$ 621$ 975$ 1,077$ 1,875$ 1,175$ 20.51% CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 9 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments Charges and Services 101-410-1520-43010 Audit Services 29,345 26,575 30,425 15,400 30,425 7,987 -73.75%5% incr. $31,946 split GF, Water, Sewer, SW 101-410-1520-43150 Contract Services 114 187,453 108,150 77,120 77,420 3,000 -97.23%Finance Consultant /CLA was in 2017 and 2018 101-410-1520-43180 IT Support 607 3,779 #DIV/0!Roseville 101-410-1520-43185 IT Hardware 1,600 1,200 #DIV/0!Replace 1 laptop/1 desk 2018, 2 desk 2019 101-410-1520-43190 Software Programs - 6,400 19,433 16,716 19,433 2,752 -85.84% Accela support $2306.5 (slit with W, S, SW $9226)/Banyon/Credit Card Services (0), Roseville $445 101-410-1520-43210 Telephone 427 881 875 290 875 585 -33.14%Roseville IT Phone 101-410-1520-43310 Mileage - - 250 - 300 500 100.00%Mileage for training and conferences. 101-410-1520-44330 Dues & Subscriptions 170 330 500 1,037 1,500 2,000 300.00% GFOA, MNGFOA, GFOA Program Fees, Select Acct, Ins Prog Fees 101-410-1520-44370 Conferences & Training - 344 750 - 2,000 3,000 300.00% MNGFOA Confr (2 people) and Govt. Acctg. Courses, OSA Training, Public Finance Training, Monthly MnGFOA Mtgs Total Charges and Services 30,056$ 221,983$ 160,383$ 111,170$ 133,553$ 24,802$ -84.54% Miscellaneous 101-410-1520-44300 Miscellaneous 1,627 46,172 1,625 336 5,000 5,000 207.69% Bank Fees, Wire Transfer Fees, Excise Tax, Penalties, County charges, Health Partners, Ind Health Svs Network Total Miscellaneous 1,627$ 46,172$ 1,625$ 336$ 5,000$ 5,000$ 207.69% 1520 Total Finance 130,869$ 361,590$ 196,607$ 143,969$ 239,648$ 168,278$ -14.41% 1910 Planning & Zoning Personnel 101-410-1910-41010 Full-time Salaries 149,034 168,582 146,468 88,096 146,468 148,632 1.48% 101-410-1910-41030 Part-time Salaries #DIV/0! Overtime #DIV/0! Temporary Employees 6,760 1,491 5,280 6,760 0.00%Intern 101-410-1910-41210 PERA Contributions 11,211 12,612 10,985 6,614 10,985 11,147 1.47%FT $11147, Intern $0 101-410-1910-41220 FICA Contributions 9,075 9,984 9,500 5,498 9,500 11,887 25.13%FT $11370, Intern $517 101-410-1910-41230 Medicare Contributions 2,122 2,335 2,222 1,286 2,222 -100.00% 101-410-1910-41300 Insurance 23,249 30,840 26,803 1,491 26,803 33,481 24.92% Life Insurance 288 #DIV/0! STD/LTD 805 #DIV/0! 101-410-1910-41510 Workers Compensation 415 783 1,192 1,424 1,424 1,424 19.46% Total Personnel 195,106$ 225,136$ 203,930$ 105,898$ 202,682$ 214,424$ 5.15% Materials and Supplies 101-410-1910-42000 Office Supplies 810 336 800 121 500 500 -37.50% 101-410-1910-42030 Printed Forms - - - - - - #DIV/0! Total Materials and Supplies 810$ 336$ 800$ 121$ 500$ 500$ -37.50% Charges and Services 101-410-1910-43020 Comprehensive Planning - 44,058 36,000 47,667 50,942 5,000 -86.11% Comp Plan: $5000 in 2019 left over to use for any last minute changes to Comp Plan from adjacent jurisdictional review for SHC and /or Engr 101-410-1910-43030 Engineering Services 18,688 6,608 15,000 7,980 15,000 15,000 0.00% 101-410-1910-43150 Contract Services 25,133 5,964 10,000 973 5,000 5,500 -45.00%Codification 2020 101-410-1910-43180 Information Technology/Web 406 #DIV/0! IT Support 5,505 #DIV/0!Roseville IT Hardware 2,000 #DIV/0!$2000 in budget for 2019 for laptops 101-410-1910-43190 Software Programs - 407 100 26 407 1,383 1283.00%ACAD $407, Roseville $976 101-410-1910-43210 Telephone 775 738 1,100 364 750 678 -38.41%Roseville $584.5, Sprint $93 101-410-1910-43220 Postage 6 220 25 13 100 100 300.00% 101-410-1910-43310 Mileage 342 344 300 40 350 350 16.67% CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 10 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments 101-410-1910-43510 Legal Publishing - 1,410 500 1,067 1,200 1,400 180.00% 101-410-1910-44330 Dues & Subscriptions 617 1,115 170 300 800 -28.25%ULI $220/AICP $475 101-410-1910-44350 Books - - - - #DIV/0! 101-410-1910-44370 Conferences & Training 1,520 405 2,500 233 1,000 1,500 -40.00%APA - Rochester Total Charges and Services 47,081$ 60,559$ 66,640$ 58,534$ 75,049$ 39,215$ -41.15% Miscellaneous 101-410-1910-44300 Miscellaneous 31 10 200 - 200 200 0.00% Total Miscellaneous 31$ 10$ 200$ -$ 200$ 200$ 0.00% 1910 Total Planning & Zoning 243,028$ 286,042$ 271,570$ 164,553$ 278,431$ 254,339$ -6.34% 1930 Engineering Services Charges and Services 101-410-1930-43030 Engineering Services 34,034 44,332 36,000 22,191 39,000 39,000 8.33% 101-410-1930-43210 Telephone 195 178 216 - - - -100.00% Total Charges and Services 34,229$ 44,510$ 36,216$ 22,191$ 39,000$ 39,000$ 7.69% Capital Outlay Construction Projects - - - - - 70,000 #DIV/0!assume Keats Ave turn lane Total Capital Outlay -$ -$ -$ -$ -$ 70,000$ #DIV/0! 1930 Total Engineering Services 34,229$ 44,510$ 36,216$ 22,191$ 39,000$ 109,000$ 200.97% 1940 City Hall Materials and Supplies 101-410-1940-42110 Cleaning Supplies #DIV/0! 101-410-1940-42230 Building Repair Supplies 4 550 800 500 800 800 0.00%Menard's charges Total Materials and Supplies 4$ 550$ 800$ 500$ 800$ 800$ 0.00% Charges and Services 101-410-1940-43180 Information Technology/Web 185 389 389 400 2.83% IT Support 5,090 #DIV/0!Roseville IT Hardware #DIV/0! Software Programs 372 #DIV/0!Roseville 101-410-1940-43210 Telephone 614 691 900 767 900 877 -2.58%Roseville $876.75 101-410-1940-43810 Utilities 3,851 3,840 6,500 1,517 4,340 4,500 -30.77%xcel, water, sewer 101-410-1940-43840 Refuse 1,129 1,561 1,325 637 1,530 1,600 20.75% 101-410-1940-44010 Repairs/Maint Contractual Bldg 21,350 9,735 6,000 6,459 8,100 6,000 0.00%cintas and cleaning, changed locks in 2018 101-410-1940-44040 Repairs/Maint Contractual Eqpt 11,365 12,346 18,000 7,335 16,000 16,000 -11.11%copier leases 101-410-1940-44120 Rentals - Building 30,147 31,992 33,223 7,998 33,223 30,000 -9.70%city lease space Total Charges and Services 68,456$ 60,348$ 66,337$ 24,715$ 64,482$ 64,839$ -2.26% Miscellaneous 101-410-1940-44300 Miscellaneous 1,981 568 1,016 475 950 1,800 77.17%water Total Miscellaneous 1,981$ 568$ 1,016$ 475$ 950$ 1,800$ 77.17% 1940 Total City Hall 70,441$ 61,466$ 68,153$ 25,689$ 66,232$ 67,439$ -1.05% 2100 Police Charges and Services 101-420-2100-43150 Law Enforcement Contract 536,330 615,054 664,675 634 664,675 701,768 5.58%Per Washington County 101-420-2100-44300 Misc. - Community Event - 1,800 1,000 - 1,000 1,000 0.00% Total Charges and Services 536,330$ 616,854$ 665,675$ 634$ 665,675$ 702,768$ 5.57% CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 11 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments 2100 Total Police 536,330$ 616,854$ 665,675$ 634$ 665,675$ 702,768$ 5.57% 2150 Prosecution Charges and Services 101-420-2150-43045 Attorney Criminal 44,144 42,874 44,996 17,500 44,496 45,792 1.77%2019 rate is $3816/mth Total Charges and Services 44,144$ 42,874$ 44,996$ 17,500$ 44,496$ 45,792$ 1.77% 2150 Total Prosecution 44,144$ 42,874$ 44,996$ 17,500$ 44,496$ 45,792$ 1.77% 2220 Fire Personnel 101-420-2220-41010 Full-time Salaries 71,918 82,258 85,515 44,912 85,515 90,636 5.99% 101-420-2220-41030 Part-time Salaries 96,663 124,580 158,179 103,671 158,179 172,649 9.15%Witter $24,149 plus 148,500 for Part-time Fire Fighters Paid On Call Salaries 70,000 70,000 71,400 2.00%Incr training pay to call pay (Paid on Call) 101-420-2220-41210 PERA Contributions 14,699 20,713 39,180 17,015 39,180 30,594 -21.91% GM/NW $19,456 Police/Fire rate incr for 2019, Part-time $11,138 101-420-2220-41220 FICA Contributions 6,038 7,839 4,340 6,428 4,340 18,669 330.16%GM/NW $1847, other $16,852 101-420-2220-41230 Medicare Contributions 2,364 2,943 1,015 2,109 1,015 -100.00% 101-420-2220-41300 Insurance 13,673 14,619 17,093 2,588 17,093 15,944 -6.72% Life Insurance 500 #DIV/0! STD/LTD 1,715 #DIV/0! 101-420-2220-41510 Workers Compensation 12,879 19,249 26,481 31,635 31,635 31,635 19.46% Total Personnel 218,234$ 272,201$ 401,803$ 208,357$ 406,957$ 433,742$ 7.95% Materials and Supplies 101-420-2220-42000 Office Supplies 1,444 1,494 500 26 1,600 500 0.00% 101-420-2220-42080 EMS Supplies 888 4,074 1,200 118 1,200 3,750 212.50%Odd year costs - 2 AEDs 101-420-2220-42090 Fire Prevention 722 2,741 3,000 332 3,000 3,000 0.00% 101-420-2220-42120 Fuel, Oil and Fluids 7,644 8,804 8,000 7,519 8,000 8,000 0.00% 101-420-2220-42400 Small Tools & Equipment 10,539 5,280 22,675 19,277 22,675 22,675 0.00%3 PT hires Total Materials and Supplies 21,237$ 22,394$ 35,375$ 27,272$ 36,475$ 37,925$ 7.21% Charges and Services 101-420-2220-43050 Physicals 4,221 5,186 8,075 2,246 10,559 8,198 1.52%3 PT hires 101-420-2220-43180 Information Technology/Web (440) #DIV/0! IT Support 18,130 #DIV/0!Roseville IT Hardware 7,000 #DIV/0!5 new Computers/4 Ipad for vehicles Software Programs 341 #DIV/0!Roseville $341 101-420-2220-43210 Telephone 3,682 4,435 4,200 2,030 4,200 4,063 -3.26%Sprint $2335, TDS $1308, Verizon $420.12 101-420-2220-43230 Radio 18,917 20,676 21,615 11,055 21,615 25,636 18.60% Replace 2 portables (gradual replacement as curr going off support) 101-420-2220-43310 Mileage 814 220 500 171 500 500 0.00% 101-420-2220-43630 Insurance 7,290 7,571 8,549 7,195 7,195 8,274 -3.22%corrected allocation, incr 15% over prev yr. 101-420-2220-43810 Utility 9,520 13,231 15,500 7,360 15,500 16,000 3.23%Based on history 101-420-2220-43840 Refuse 2,948 3,890 3,200 267 3,200 4,000 25.00%Based on history 101-420-2220-44010 Repairs/Maint Bldg 17,938 11,134 7,000 4,657 7,000 7,000 0.00% 101-420-2220-44040 Repairs/Maint Eqpt 41,975 43,613 25,896 23,534 26,051 30,896 19.31% 101-420-2220-44170 Uniforms 5,255 4,550 9,821 3,367 9,821 9,821 0.00%3 PT hires 101-420-2220-44330 Dues & Subscriptions 3,275 3,044 3,955 2,922 3,955 5,980 51.20% Tablet Command/Cty CAD $1800 Tablets $450/Device, NFPA $1495, IM Resonding $650 101-420-2220-44350 Books 230 180 440 440 440 0.00% 101-420-2220-44370 Conferences & Training 17,663 14,110 22,514 10,577 22,514 22,944 1.91% Total Charges and Services 133,728$ 131,401$ 131,265$ 75,381$ 132,550$ 169,222$ 28.92% Capital Outlay 101-420-2220-45500 Vehicle 64 #DIV/0! CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 12 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments 101-420-2220-45800 Equipment - 2,538 - - #DIV/0! Transfer to Vehicle Replacement Fund - - - - - 9,438 #DIV/0! Total Capital Outlay -$ 2,602$ -$ -$ -$ 9,438$ #DIV/0! Miscellaneous 101-420-2220-44300 Miscellaneous 2,290 1,391 2,000 643 2,000 2,000 0.00% Total Miscellaneous 2,290$ 1,391$ 2,000$ 643$ 2,000$ 2,000$ 0.00% 2220 Total Fire 375,489$ 429,989$ 570,443$ 311,652$ 577,982$ 652,327$ 14.35% 2250 Fire Relief Charges and Services 101-420-2250-44920 Fire State Aid 59,136 61,147 47,000 - 47,000 60,000 27.66%Relief Assoc. pass through Total Charges and Services 59,136$ 61,147$ 47,000$ -$ 47,000$ 60,000$ 27.66% 2250 Total Fire Relief 59,136$ 61,147$ 47,000$ -$ 47,000$ 60,000$ 27.66% 2400 Building Inspection Personnel 101-420-2400-41010 Full-time Salaries 167,498 217,052 272,754 88,539 155,813 219,756 -19.43%1 additional Bldg Insp in 2018 not filled Part-time Salaries 30,690 #DIV/0!added Part-time for 2019 Bldg Insp Overtime #DIV/0!authorized as postion not filled in 2018 Temporary Employees #DIV/0!Interns 101-420-2400-41210 PERA Contributions 12,102 16,241 20,457 6,643 11,686 21,085 3.07%FT $18783, PT 2302 101-420-2400-41220 FICA Contributions 10,062 12,881 16,911 5,341 10,682 21,507 27.18%FT $19159, PT 2348 101-420-2400-41230 Medicare Contributions 2,353 3,012 3,955 1,249 2,498 -100.00% 101-420-2400-41300 Insurance 24,554 49,757 53,002 3,784 53,002 51,019 -3.74% Life Insurance 500 #DIV/0! STD/LTD 1,500 #DIV/0! 101-420-2400-41510 Workers Compensation 1,260 919 2,149 2,567 2,567 2,567 19.45% Total Personnel 217,829$ 299,862$ 369,228$ 108,123$ 236,248$ 348,624$ -5.58% Materials and Supplies 101-420-2400-42000 Office Supplies 1,602 1,722 1,750 413 900 1,750 0.00% 101-420-2400-42030 Printed Forms - 350 200 350 0.00% 101-420-2400-42120 Fuel, Oil and Fluids 521 198 3,600 - 3,600 3,600 0.00% Total Materials and Supplies 2,123$ 1,920$ 5,700$ 413$ 4,700$ 5,700$ 0.00% Charges and Services 101-420-2400-43030 Engineering 2,465 248 1,000 250 1,000 0.00% Computers #DIV/0! 101-420-2400-43180 Information Technology/Web 6,010 6,114 7,405 4,312 7,405 -100.00%See below separated out for 2019 IT Support 5,654 #DIV/0!Roseville IT Hardware 1,800 #DIV/0!Computer Desktops replaced 3 Software Programs 8,126 #DIV/0!i-pads and PermitWorks, $721 Roseville 101-420-2400-43210 Telephone 1,912 3,208 2,500 1,797 2,500 3,325 32.99%Roseville $876.75, Sprint $2448 101-420-2400-43510 Legal Publishing 141 #DIV/0! 101-420-2400-43630 Insurance 178 185 400 3,566 3,566 4,101 925.23%corrected allocation, incr 15% over prev yr. 101-420-2400-44040 Repairs/Maint Eqpt 965 786 1,000 93 1,000 1,000 0.00% 101-420-2400-44170 Uniforms 80 986 1,200 160 800 800 -33.33%Jackets, shirts, ID's 101-420-2400-44330 Dues & Subscriptions 185 310 740 740 740 0.00% 101-420-2400-44350 Books 870 345 500 231 500 500 0.00% 101-420-2400-44370 Conferences & Training 2,596 1,066 4,825 1,415 3,200 3,200 -33.68% Total Charges and Services 15,261$ 13,388$ 19,570$ 11,573$ 19,961$ 30,245$ 54.55% Capital Outlay CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 13 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments 101-420-2400-45500 Vehicle - - 24,000 - - 24,000 0.00%Paid from fund balance. Moved from 2018 to 2019 Total Capital Outlay -$ -$ 24,000$ -$ -$ 24,000$ 0.00% Miscellaneous 101-420-2400-44300 Miscellaneous 266 3,833 1,000 - 1,000 1,000 0.00% Total Miscellaneous 266$ 3,833$ 1,000$ -$ 1,000$ 1,000$ 0.00% 2400 Total Building Inspection 235,479$ 319,004$ 419,498$ 120,109$ 261,909$ 409,569$ -2.37% 2500 Emergency Communications Charges and Services 101-420-2500-43150 Contract Services 4,945 2,729 1,780 900 1,780 1,780 0.00%Monitoring System (Woodbury) Sirens Total Charges and Services 4,945$ 2,729$ 1,780$ 900$ 1,780$ 1,780$ 0.00% 2500 Total Emergency Communications 4,945$ 2,729$ 1,780$ 900$ 1,780$ 1,780$ 0.00% 2700 Animal Control Charges and Services 101-420-2700-43150 Contract Services 3,086 11,448 7,725 3,622 8,868 9,000 16.50% Total Charges and Services 3,086$ 11,448$ 7,725$ 3,622$ 8,868$ 9,000$ 16.50% 2700 Total Animal Control 3,086$ 11,448$ 7,725$ 3,622$ 8,868$ 9,000$ 16.50% 3100 Streets Personnel 101-430-3100-41010 Full-time Salaries 253,303 317,102 321,079 216,577 321,079 290,012 -9.68% 1 additional worker split Streets 30%, Parks 20%, Water 20%, Sewer 20%, SW 10% 101-430-3100-41030 Part-time Salaries #DIV/0! Overtime 4,000 6,000 50.00%On call pay should go here Temporary Employees 5,240 9,360 1,430 7,000 9,360 0.00%Seasonals 101-430-3100-41210 PERA Contributions 18,494 23,647 24,081 15,918 24,081 21,751 -9.68% 101-430-3100-41220 FICA Contributions 15,066 19,422 20,735 13,128 20,735 22,186 7.00% 101-430-3100-41230 Medicare Contributions 3,524 4,542 4,849 3,070 4,849 -100.00% 101-430-3100-41300 Insurance 44,655 46,887 62,796 10,792 62,796 76,529 21.87%Added an additional person and incr of 6% Life Insurance 819 #DIV/0! STD/LTD 2,049 #DIV/0! Safety Clothing Allowance 971 971 744 -23.38%Boots ($175 per person allocated by Salary Allocation) 101-430-3100-41510 Workers Compensation 12,028 17,290 19,749 23,593 23,593 23,593 19.46% Total Personnel 347,070$ 434,130$ 467,620$ 284,507$ 465,104$ 453,043$ -3.12% Materials and Supplies 101-430-3100-42000 Office Supplies 1,666 658 800 367 800 800 0.00% 101-430-3100-42120 Fuel, Oil and Fluids 24,049 33,536 28,500 23,803 30,000 15,000 -47.37% $30,000 - $15K Streets, $2K Parks, $4.5K W, $4.5K S, $0.4K SW 101-430-3100-42150 Operating Supplies 2,431 3,009 2,000 2,206 2,000 2,500 25.00% Contract Service ROW #DIV/0! 101-430-3100-42210 Repair/Maint. Supplies 3,964 4,250 12,750 19,766 20,000 10,000 -21.57% 101-430-3100-42211 Repair/Maint. Supplies S&I 5,448 10,000 #DIV/0! 101-430-3100-42240 Street Maintenance & Landscaping - Materials 16,112 17,453 20,000 4,190 20,000 20,000 0.00% Sealcoat and Crackseal materials - potholes, landscape fixes, etc 101-430-3120-42260 Street Signs 2,389 5,631 5,000 1,575 5,000 5,000 0.00% 101-430-3125-42290 Sand/Salt S&I 49,616 74,202 75,000 80,536 75,048 80,000 6.67% 101-430-3100-42400 Small Tools & Minor Equipment 2,788 3,777 8,000 2,599 8,000 20,500 156.25%forklift for PW 101-430-3100-44375 Personal Protection Equipment 1,465 1,828 2,800 472 2,500 2,800 0.00% Total Materials and Supplies 104,480$ 149,793$ 154,850$ 135,513$ 163,348$ 166,600$ 7.59% CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 14 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments Charges and Services 101-430-3100-43030 Engineering Services 4,676 6,311 4,800 1,674 4,800 4,800 0.00% 101-430-3100-43090 Sealcoating & Crack Sealing 258,223 411,254 425,000 - 425,000 590,000 38.82% Sealcoat, crackseal, mill/overlay, LE Ave Ph3, Discover Bridge Crossing 101-430-3100-43150 Contract Services 24,156 32,636 24,500 6,722 20,000 24,500 0.00%Striping, guard rail repair, etc. 101-430-3100-43180 Information Technology/Web 3,601 400 #DIV/0! IT Support 7,482 #DIV/0!Roseville IT Hardware 1,200 #DIV/0!2 computers Software Programs 1,604 #DIV/0!Roseville $604, BeHIve Asset Mgmt $1000 101-430-3100-43151 Snow Removal Contract Services 10,000 #DIV/0!Snow removal contract sidewalks 101-430-3100-44050 Tree Program #DIV/0! 101-430-3100-43210 Telephone 7,347 7,278 7,800 3,483 7,500 5,930 -23.98%Roseville $350.7, Sprint $1175,TDS $2484, Verizon $1920 101-430-3100-43230 Radio 1,236 1,200 24,000 21,116 24,000 7,000 -70.83%Wash Co. fees ($4,000) new radio $3,000 101-430-3120-43510 Public Notices 152 #DIV/0! 101-430-3100-43630 Insurance 15,105 15,688 19,000 17,740 17,740 20,401 7.37%corrected allocation, incr 15% over prev yr. 101-430-3100-43810 Utilities 34,935 18,427 19,124 11,718 18,388 19,698 3.00% 101-430-3100-43811 Street Lights 31,677 32,876 20,144 31,612 33,000 0.38% 101-430-3100-43840 Refuse 2,407 2,343 3,000 2,426 3,000 3,000 0.00% 101-430-3100-44010 Repairs/Maint Bldg.10,996 11,438 21,000 15,756 20,000 21,000 0.00%new garage doors/openers at PW 101-430-3100-44030 Repairs/Maint Imp Other Than Bldg.165 1,203 1,500 928 1,500 1,500 0.00% 101-430-3100-44040 Repairs/Maint Equip 25,364 36,570 22,000 15,694 22,000 20,000 -9.09% Repairs/Maint Equip S&I 4,928 12,000 12,000 14,000 16.67% 101-430-3100-44130 Equipment Rental 2,000 2,000 2,000 0.00%Consolidated w/ Streets - $1K 101-430-3100-44170 Uniforms 5,886 7,118 7,500 3,419 6,000 5,578 -25.63%Allocate to all dept 101-430-3100-44330 Dues & Subscriptions 294 531 600 661 700 800 33.33% 101-430-3100-44370 Conferences & Training 3,889 2,242 4,800 1,017 4,800 4,800 0.00% 101-430-3100-44380 Clean-up Days 9,557 14,256 - - - - #DIV/0! Total Charges and Services 404,236$ 608,853$ 631,500$ 122,899$ 621,040$ 798,292$ 26.41% Capital Outlay Transfer to Vehicle Replacement Fund 50,745 101-430-3100-45500 Capital Purchases - - 145,000 36,045 - - -100.00%Fleet Purchases - 1 ton, vac trlr, asphalt roller. Total Capital Outlay -$ -$ 145,000$ 36,045$ -$ 50,745$ -65.00% Miscellaneous 101-430-3100-44300 Miscellaneous 762 631 1,800 356 1,800 1,000 -44.44% Total Miscellaneous 762$ 631$ 1,800$ 356$ 1,800$ 1,000$ -44.44% 3100 Total Streets 856,548$ 1,193,408$ 1,400,770$ 579,320$ 1,251,292$ 1,469,680$ 4.92% 5200 Parks & Recreation Personnel 101-450-5200-41010 Full-time Salaries 70,421 56,356 99,036 21,295 99,036 132,127 33.41% 1 additional worker split Streets 30%, Parks 20%, Water 20%, Sewer 20%, SW 10% 101-450-5200-41030 Part-time Salaries #DIV/0! Overtime #DIV/0!On call pay Temporary Employees 30,934 24,543 28,080 4,770 7,000 14,000 -50.14%Seasonal Workers/Park Summer-Ice Rink Winter 101-450-5200-41210 PERA Contributions 5,798 4,583 7,428 1,734 7,428 9,910 33.41% 101-450-5200-41220 FICA Contributions 6,027 4,846 7,857 1,576 7,857 10,108 28.65% 101-450-5200-41230 Medicare Contributions 1,410 1,133 1,843 369 1,843 -100.00% 101-450-5200-41300 Insurance 18,232 19,091 18,481 1,070 18,481 35,076 89.79% Life Insurance 200 #DIV/0! STD/LTD 544 #DIV/0! Safety Clothing Allowance 236 236 315 33.47%Boots ($175 per person allocated by Salary Allocation) CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 15 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments Unemployment Benefits 1,367 #DIV/0! 101-450-5200-41510 Workers Compensation 3,735 4,206 7,419 22,078 22,078 22,078 197.59% Total Personnel 136,557$ 116,124$ 170,380$ 52,891$ 163,959$ 224,358$ 31.68% Materials and Supplies 101-450-5200-42000 Office Supplies 60 611 800 319 800 800 0.00% 101-450-5200-42120 Fuel, Oil and Fluids 2,000 #DIV/0! $30,000 - $15K Streets, $2K Parks, $4.5K W, $4.5K S, $0.4K SW 101-450-5200-42150 Operating Supplies 1,338 182 1,000 611 1,000 1,000 0.00% 101-450-5200-42160 Chemicals 1,057 577 2,000 2,000 2,000 0.00% 101-450-5200-42210 Repair/Maint. Supplies 4,505 1,153 7,000 768 5,000 7,000 0.00%Combined with Landscaping materials 101-450-5200-42230 Building Repair Supplies 619 100 500 13 500 500 0.00% 101-450-5200-42250 Landscaping Materials 2,593 #DIV/0! 101-450-5200-42400 Small Tools & Minor Equipment 2,365 2,548 2,500 247 2,500 5,000 100.00% Total Materials and Supplies 9,944$ 7,762$ 13,800$ 1,958$ 11,800$ 18,300$ 32.61% Charges and Services 101-450-5200-43150 Contracted Services 7,592 13,000 9,551 56,000 80,000 515.38% Sunfish Mgmt (GRG)$10K, Mowing $58k, $13k Fertilizer, $9k misc IT Support 4,636 #DIV/0!Roseville IT Hardware #DIV/0! Software Programs 340 #DIV/0!Roseville 101-450-5200-43210 Telephone 1,358 948 1,200 349 1,200 993 -17.28%Roseville $350.7, Sprint $642 101-450-5200-43510 Public Notices 66 #DIV/0! 101-450-5200-43630 Insurance 3,079 3,198 5,000 5,403 5,403 6,214 24.27%corrected allocation, incr 15% over prev yr. 101-450-5200-43810 Utilities 6,446 10,641 10,500 4,187 10,500 10,500 0.00%Water costs added in. 101-450-5200-43840 Refuse 20 1,991 1,000 1,161 1,200 1,000 0.00% 101-450-5200-44010 Repairs/Maint Bldg 63 130 2,800 1,831 3,000 5,000 78.57%garage door repairs at pole shed 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 2,959 9,113 3,200 1,177 3,200 3,200 0.00% 101-450-5200-44040 Repairs/Maint Eqpt 2,235 1,170 3,200 1,120 2,000 3,200 0.00% 101-450-5200-44120 Rentals - Buildings 6,476 7,627 7,000 1,374 7,600 8,000 14.29%porta-potties at new parks 101-450-5200-44170 Uniforms 67 58 100 100 1,078 978.00%Allocated from Streets 101-450-5200-44301 Events - 450 500 482 482 500 0.00%Tree Give Away 101-450-5200-44302 Lakes - 7,499 15,000 4,506 15,000 0.00%Grant to treat Invasive Species 101-450-5200-44370 Conferences & Training - 1,200 900 1,200 1,200 0.00% 101-450-5200-44130 Equipment Rental - 1,000 1,000 1,200 20.00% 101-450-5200-44375 Personal Protection Equipment 341 1,521 800 594 800 800 0.00% Total Charges and Services 23,044$ 52,003$ 65,500$ 32,634$ 93,685$ 142,860$ 118.11% Capital Outlay Transfer to Vehicle Replacement Fund 14,817 #DIV/0!Transfer to Vehicle Replacement Fund 101-5200-5200-45500 Capital Purchases - - 25,000 - - - -100.00% Total Capital Outlay -$ -$ 25,000$ -$ -$ 14,817$ -40.73% Miscellaneous 101-450-5200-44300 Miscellaneous 521 (1,434) 1,200 460 1,200 1,000 -16.67% Total Miscellaneous 521$ (1,434)$ 1,200$ 460$ 1,200$ 1,000$ -16.67% 5200 Total Parks & Recreation 170,066$ 174,456$ 275,880$ 87,944$ 270,644$ 401,335$ 45.47% 9000 Transfers Transfers Transfer to Washington County (Library)7,966 Transfer Fund Balance to Washington Co. Transfer to Vehicle Replacement Fund 435,076 Transfer to Vehicle Replacement Fund - - - - - 100,000 #DIV/0!Using Fund Balance to Start Fund Total Transfers -$ 7,966$ -$ -$ -$ 535,076$ #DIV/0! CITY OF LAKE ELMO 2019 PROPOSED BUDGET Master Worksheet - All Budgets - REVISED 16 Adopted 2018 to 2016 2017 2018 2018 2018 2019 Proposed 2019 Account Number Description Actual Actual Adopted YTD - Jun 2018 Projected Proposed Percent Change Comments 9000 Total Transfers -$ 7,966$ -$ -$ -$ 535,076$ #DIV/0! 9000 Contingency Reserve Contingency Reserve Reserve for possible Insurance Increase - - - - - 54,892 #DIV/0!Set aside for possible Insurance increase Total Contingency Reserve -$ -$ -$ -$ -$ 54,892$ #DIV/0! 9000 Contingency Reserve -$ -$ -$ -$ -$ 54,892$ #DIV/0! Total General Fund Expenditures:3,575,684$ 4,332,972$ 4,670,734$ 1,853,100$ 4,377,454$ 5,601,009$ 19.92% Total Gen Fund Revs. Over/(Under) Expenditures:800,670$ 220,286$ (194,000)$ 815,038$ 414,078$ (124,000)$ -36.08%Use of Fund Balance if negative (0.00) 9/13/2018CITY OF Lake Elmo Tax Rate at 2% Increase Financial Management Plan Summary DRAFT ONLY Revenue Inflation Rate 2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00% Expenses Inflation Rate 4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00% ** 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Actual Actual Actual Actual Budget Budget REVENUE 1 PROPERTY TAX LEVY 2,237,110 2,206,350 2,019,331 1,643,358 2,202,698 2,973,905 3,239,137 3,268,509 3,582,939 3,295,849 3,463,849 3,676,701 4,025,358 4,252,295 4,869,510 5,500,376 2 Adjust for Fiscal Disparities 140,432 179,607 157,096 159,325 149,615 199,221 199,221 199,221 199,221 199,221 199,221 199,221 199,221 199,221 199,221 199,221 Other Taxes (Delinq., Mobile Home, Penalties)39,696 48,272 28,097 38,529 30,500 30,500 30,500 30,500 30,500 30,500 30,500 30,500 30,500 30,500 30,500 30,500 3 LICENSE AND PERMIT 451,953 828,494 1,210,619 1,477,918 994,400 1,056,900 1,078,038 1,099,599 1,121,591 1,144,023 1,166,903 1,190,241 1,214,046 1,238,327 1,263,093 500,000 4 INTERGOVERNMENTAL (excludes Fiscal Disparities)190,148 222,352 209,373 206,185 238,026 267,835 267,835 267,835 267,835 267,835 267,835 267,835 267,835 267,835 267,835 267,835 5 CHARGES FOR SERVICES 30,192 35,796 543,973 738,580 611,595 626,600 639,132 651,915 664,953 678,252 691,817 705,653 719,766 734,162 748,845 763,822 6 FINES/FOREFEITS 48,647 48,739 49,505 41,418 49,000 49,000 49,980 50,980 51,999 53,039 54,100 55,182 56,286 57,411 58,560 59,731 7 INTEREST EARNINGS 71,813 23,501 20,437 27,665 40,000 40,000 40,800 41,616 42,448 43,297 44,163 45,046 45,947 46,866 47,804 48,760 8 MISC. (See note 1 below)192,355 74,772 146,102 220,280 160,900 233,048 237,709 242,463 247,312 252,259 257,304 262,450 267,699 273,053 278,514 284,084 9 SALE OF ASSETS 0 0 0 0 0 0 0 0 0 0 0 0 0 10 TOTAL REVENUE 3,402,346 3,667,883 4,384,533 4,553,258 4,476,734 5,477,009 5,782,352 5,852,637 6,208,799 5,964,275 6,175,692 6,432,830 6,826,658 7,099,670 7,763,882 7,654,329 11 12 EXPENDITURES 13 GENERAL GOVERNMENT 1,046,906 1,025,320 1,290,461 1,473,094 1,236,966 1,188,790 1,236,342 1,285,795 1,337,227 1,390,716 1,446,345 1,504,199 1,564,367 1,626,941 1,692,019 1,759,700 14 PUBLIC SAFETY 1,198,546 1,203,765 1,258,609 1,481,443 1,733,118 1,847,798 1,921,710 1,998,578 2,078,521 2,161,662 2,248,129 2,338,054 2,431,576 2,528,839 2,629,993 2,735,192 15 PUBLIC WORKS 585,071 686,401 856,548 1,193,408 1,255,770 1,418,935 1,489,882 1,564,376 1,642,595 1,724,724 1,810,961 1,901,509 1,996,584 2,096,413 2,201,234 2,311,296 16 CULTURE AND RECREATION 208,204 229,595 170,066 174,456 250,880 386,518 401,979 418,058 434,780 452,171 470,258 489,069 508,631 528,977 550,136 572,141 18 MISCELLANEOUS 69,403 107,094 7,966 54,892 0 0 0 0 0 0 0 0 0 0 19 CAPITAL OUTLAY 0 0 0 0 0 0 0 0 0 0 20 GENERAL GOVERNMENT 70,000 0 0 0 0 0 0 0 0 0 0 21 PUBLIC SAFETY 2,602 24,000 24,000 0 0 0 60,000 0 0 0 0 0 0 22 PUBLIC WORKS 145,000 0 0 60,000 0 0 0 0 0 0 0 23 CULTURE AND RECREATION 25,000 0 0 0 0 0 0 0 0 0 0 24 TRANSFER OUT 360,000 447,118 0 0 0 0 0 0 0 0 0 0 25 CAPITAL EQUIPMENT 75,000 100,000 125,000 150,000 175,000 200,000 200,000 200,000 200,000 200,000 200,000 Additional Transfer to Capital Equipment 535,076 632,440 460,830 505,675 125,500 118,500 490,500 76,000 29 0 0 0 0 0 0 0 0 0 0 30 TOTAL EXPENDITURES 3,398,727 3,661,602 3,682,778 4,332,969 4,670,734 5,601,009 5,782,352 5,852,637 6,208,798 5,964,274 6,175,692 6,432,830 6,826,658 7,099,670 7,763,881 7,654,329 31 32 REVENUE OVER (UNDER) EXPENSES 3,619 6,281 701,755 220,289 (194,000) (124,000) (0) (0) 0 0 (0) 0 0 (0) 0 (0) 33 34 BEGINNING FUND BALANCE 3,177,382 3,181,001 3,187,282 3,889,037 4,109,326 3,915,326 3,791,326 3,791,326 3,791,326 3,791,326 3,791,327 3,791,326 3,791,326 3,791,327 3,791,327 3,791,327 38 ENDING FUND BALANCE 3,181,001 3,187,282 3,889,037 4,109,326 3,915,326 3,791,326 3,791,326 3,791,326 3,791,326 3,791,327 3,791,326 3,791,326 3,791,327 3,791,327 3,791,327 3,791,327 41 42 43 GENERAL FUND OPERATING TAX LEVY 2,421,588 2,421,588 2,190,706 1,818,847 2,382,813 2,973,905 3,239,137 3,268,509 3,582,939 3,295,849 3,463,849 3,676,701 4,025,358 4,252,295 4,869,510 5,500,376 44 ANNUAL INCREASE 0.0%-9.5%-17.0%31.0%24.8%8.9%0.9%9.6%-8.0%5.1%6.1%9.5%5.6%14.5%13.0% 45 48 TOTAL OTHER GENERAL LEVIES 256,957 231,261 256,957 256,957 0 0 0 0 0 0 0 0 0 0 0 0 49 50 EXISTING DEBT SERVICE LEVIES 484,814 484,814 664,541 874,622 1,213,788 1,215,932 1,215,932 1,158,723 1,022,051 1,025,432 937,558 834,293 706,568 711,996 486,825 179,314 51 55 TOTAL EXISTING TAX LEVIES 3,163,359 3,137,663 3,112,204 2,950,426 3,596,601 4,189,837 4,455,069 4,427,232 4,604,990 4,321,281 4,401,407 4,510,994 4,731,926 4,964,291 5,356,335 5,679,690 56 64 TOTAL NEW ADDITIONS TO TAX LEVY 0 0 0 0 0 0 100,000 513,915 744,035 1,545,858 2,032,143 2,307,861 2,461,418 2,613,306 2,615,181 2,696,301 65 66 GROSS LEVY TO TAXPAYERS 3,163,359 3,137,663 3,112,204 2,950,426 3,596,601 4,189,837 4,555,069 4,941,147 5,349,025 5,867,139 6,433,550 6,818,855 7,193,343 7,577,597 7,971,516 8,375,991 67 FISCAL DISPARITIES -161,313 -187,743 -157,509 -161,272 -149,615 -199,221 -199,221 -199,221 -199,221 -199,221 -199,221 -199,221 -199,221 -199,221 -199,221 -199,221 68 NET LEVY TO TAXPAYERS 3,002,046 2,949,920 2,954,695 2,789,154 3,446,986 3,990,616 4,355,848 4,741,926 5,149,804 5,667,918 6,234,329 6,619,634 6,994,122 7,378,376 7,772,295 8,176,770 69 70 EXISTING TAX BASE 10,814,010 12,395,813 12,779,339 13,933,542 15,359,350 17,424,380 17,685,746 18,925,404 20,198,273 21,505,069 22,846,525 24,223,386 25,636,412 27,086,379 28,574,077 30,100,311 71 NEW CONSTRUCTION TAX CAP (from lines 86-89)0 959,973 974,372 988,988 1,003,822 1,018,880 1,034,163 1,049,675 1,065,421 1,081,402 1,097,623 73 TOTAL TAX CAPACITY 10,814,010 12,395,813 12,779,339 13,933,542 15,359,350 17,424,380 18,645,718 19,899,776 21,187,260 22,508,892 23,865,405 25,257,549 26,686,088 28,151,800 29,655,479 31,197,934 74 75 TAX RATE ON TAX CAPACITY 27.761%23.798%23.121%20.018%22.442%22.902%23.361%23.829%24.306%25.181%26.123%26.209%26.209%26.209%26.209%26.209% 76 TAX RATE % CHANGE -14.28%-2.84%-13.42%12.11%2.05%2.00%2.00%2.00%3.60%3.74%0.33%0.00%0.00%0.00%0.00% 77 91 Existing $382,800 home Market Value (inflated by line 81)331,100 370,500 370,500 378,300 382,800 396,964 402,918 408,962 415,096 421,323 427,643 434,057 440,568 447,177 453,884 460,692 78 City Taxes (with inflation on value)883 857 833 731 853 906 939 973 1,009 1,061 1,117 1,138 1,155 1,172 1,190 1,207 79 Percentage City tax increase in home ($382,800 inflated from 2017)-2.87%-2.84%-12.27%16.68%6.21%3.65%3.68%3.65%5.15%5.29%1.85%1.50%1.50%1.50%1.50% 80 81 Existing Tax Base Inflation -0.6%11.9%0.0%2.1%1.2%3.7%1.5%1.5%1.5%1.5%1.5%1.5%1.5%1.5%1.5%1.5% 82 Total Tax Base Increase 0.8%14.6%3.1%9.0%10.2%13.4%7.0%6.7%6.5%6.2%6.0%5.8%5.7%5.5%5.3%5.2% 83 % from New Growth 1.4%2.7%3.1%6.9%9.0%9.7%5.5%5.2%5.0%4.7%4.5%4.3%4.2%4.0%3.8%3.7% 84 85 New tax capacity assumptions 86 Residential units completed in beginning of year 0 250 250 250 250 250 250 250 250 250 250 250 87 New home average value ($383,989 in 2018 inflated)0 383,989 389,749 395,595 401,529 407,552 413,665 419,870 426,168 432,561 439,049 445,635 88 Commercial - New construction (15,000 s.f./year)0 0 0 0 0 0 0 0 0 0 0 89 New Home Value Construction Inflation 0.0%1.5%1.5%1.5%1.5%1.5%1.5%1.5%1.5%1.5%1.5%1.5% 90 Percentage of Tax Levy for Debt 16.15%16.43%22.49%31.36%35.21%30.47%30.21%35.27%33.09%44.23%46.56%45.33%43.19%42.99%37.86%33.14% Projected 9/13/2018 Exhibit B CITY OF Lake Elmo Financial Management Plan Summary DRAFT ONLY Real City Taxes Paid by Average Homes 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 A. Property Tax Levy Operating Levy $2,421,588 $2,421,588 $2,190,706 $1,818,847 $2,382,813 $2,973,905 $3,239,137 $3,268,509 $3,582,939 $3,295,849 $3,463,849 $3,676,701 $4,025,358 $4,252,295 $4,869,510 $5,500,376 Existing Debt $484,814 $484,814 $664,541 $874,622 $1,213,788 $1,215,932 $1,215,932 $1,158,723 $1,022,051 $1,025,432 $937,558 $834,293 $706,568 $711,996 $486,825 $179,314 New Debt and Operating $0 $0 $0 $0 $0 $0 $100,000 $513,915 $744,035 $1,545,858 $2,032,143 $2,307,861 $2,461,418 $2,613,306 $2,615,181 $2,696,301 Total Tax Levy $2,906,402 $2,906,402 $2,855,247 $2,693,469 $3,596,601 $4,189,837 $4,555,069 $4,941,147 $5,349,025 $5,867,139 $6,433,550 $6,818,855 $7,193,343 $7,577,597 $7,971,516 $8,375,991 B. Taxes Paid-City Only Market value 127,700 142,900 142,900 144,600 150,000 150,000 152,250 154,534 156,852 159,205 161,593 164,017 166,477 168,974 171,509 174,082 Market Value Exclusion 25,747 24,379 24,379 24,226 23,740 23,740 23,538 23,332 23,123 22,912 22,697 22,478 22,257 22,032 21,804 21,573 Taxable Market Value 101,953 118,521 118,521 120,374 126,260 126,260 128,712 131,202 133,729 136,293 138,896 141,539 144,220 146,942 149,705 152,509 Tax capacity 1,020 1,185 1,185 1,204 1,263 1,263 1,287 1,312 1,337 1,363 1,389 1,415 1,442 1,469 1,497 1,525 Property taxes $283.16 $282.01 $273.98 $241.02 $283.44 $289.25 $300.66 $312.64 $324.97 $343.22 $362.85 $370.86 $377.93 $385.01 $392.35 $399.69 Market value 170,300 190,600 190,600 192,900 200,000 200,000 203,000 206,045 209,136 212,273 215,457 218,689 221,969 225,299 228,678 232,108 Market Value Exclusion 21,913 20,086 20,086 19,879 19,240 19,240 18,970 18,696 18,418 18,135 17,849 17,558 17,263 16,963 16,659 16,350 Taxable Market Value 148,387 170,514 170,514 173,021 180,760 180,760 184,030 187,349 190,718 194,138 197,608 201,131 204,706 208,336 212,019 215,758 Tax capacity 1,484 1,705 1,705 1,730 1,808 1,808 1,840 1,873 1,907 1,941 1,976 2,011 2,047 2,083 2,120 2,158 Property taxes $411.97 $405.76 $394.21 $346.31 $405.75 $414.07 $429.84 $446.32 $463.52 $488.76 $516.19 $527.06 $536.50 $545.93 $555.63 $565.59 Market value 325,900 364,700 364,700 369,100 382,800 396,964 402,918 408,962 415,096 421,322 427,642 434,057 440,568 447,177 453,885 460,693 Market Value Exclusion 7,909 4,417 4,417 4,021 2,788 1,513 977 433 - - - - - - - - Taxable Market Value 317,991 360,283 360,283 365,079 380,012 395,451 401,941 408,529 415,096 421,322 427,642 434,057 440,568 447,177 453,885 460,693 Tax capacity 3,180 3,603 3,603 3,651 3,800 3,955 4,019 4,085 4,151 4,213 4,276 4,341 4,406 4,472 4,539 4,607 Property taxes $882.80 $857.44 $833.05 $730.86 $852.80 $905.77 $938.88 $973.41 $1,008.94 $1,060.88 $1,117.02 $1,137.73 $1,154.77 $1,172.07 $1,189.63 $1,207.45 Market value 425,800 476,500 476,500 482,200 500,000 500,000 507,500 515,113 522,840 530,683 538,643 546,723 554,924 563,248 571,697 580,272 Market Value Exclusion - - - - - - - - - - - - - - - - Taxable Market Value 425,800 476,500 476,500 482,200 500,000 500,000 507,500 515,113 522,840 530,683 538,643 546,723 554,924 563,248 571,697 580,272 Tax capacity 4,258 4,765 4,765 4,822 5,000 5,000 5,094 5,189 5,286 5,384 5,483 5,584 5,687 5,791 5,896 6,003 Property taxes $1,182.06 $1,133.97 $1,101.72 $965.27 $1,122.10 $1,145.10 $1,190.01 $1,236.49 $1,284.82 $1,355.75 $1,432.32 $1,463.51 $1,490.51 $1,517.76 $1,545.28 $1,573.33 Tax Rate 27.76100%23.79800%23.12100%20.01800%22.44200%22.90200%23.36100%23.82900%24.30600%25.18100%26.12300%26.20900%26.20900%26.20900%26.20900%26.20900% CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-104 RESOLUTION APPROVING 2019 PRELIMINARY GENERAL FUND BUDGET, 2019 PRELIMINARY PROPERTY TAX LEVY, AND SETTING PUBLIC HEARING DATE FOR THE 2019 BUDGET AND 2019 FINAL PROPERTY TAX LEVY FOR TUESDAY DECEMBER 4, 2018 AT 7:00 P.M. WHEREAS, The City of Lake Elmo is required by State law to approve a resolution setting forth an annual property tax levy to the Washington County Auditor; and WHEREAS, Minnesota Statutes require approval of a preliminary property tax levy and a preliminary budget on or before September 30th of each year; and WHEREAS, the City Council has received the preliminary budget document; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lake Elmo, that the Preliminary 2019 Budget shall be as follows: 2019 Preliminary General Fund Revenues: Property Taxes $3,203,626 Licenses and Permit 1,056,900 Intergovernmental 267,835 Charges for Services 626,600 Fines and Forfeits 49,000 Interest on Investments 40,000 Miscellaneous 233,048 Total General Fund Revenues $5,477,009 General Fund Expenditures: General Government $1,313,682 Public Safety 1,847,798 Public Works 1,418,935 Culture & Recreation 386,518 Capital Outlay 99,000 Transfers 535,076 Total General Fund Expenditures $5,601,009 BE IT FURTHER RESOLVED that the Public Hearing will be held on Tuesday December 4, 2018 at 7:00 p.m.; and BE IT FURTHER RESOLVED that the City Council of the City of Lake Elmo, Washington County, Minnesota, that the following sums of money be levied in 2018, for collection in 2019 upon the taxable property in said City of Lake Elmo for the following purposes: 2019 Preliminary TAX CAPACITY BASED TAX LEVY Levy General Fund $2,973,905 Debt Service 1,215,932 TOTAL TAX LEVIES $4,189,837 And BE IT FURTHER RESOLVED that the Finance Director is hereby authorized and directed to transmit this information to the County Auditor of Washington County, Minnesota and the Minnesota Department of Revenue, if applicable, in the format requested as required by law. ADOPTED, by the Lake Elmo City Council on the 18th day of September, 2018. ______________________________ Mike Pearson Mayor ATTEST: __________________________________ Julie Johnson City Clerk