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05-18-2010 packet
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota May 18, 2010 7:00 p.m, A. CALL TO ORDER B, PLEDGE OF ALLEGIANCE: C, ATTENDANCE: Johnston DeLapp Emmons, Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business) G. APPROVE MINUTES: 1. Approval of the May 4, 2010 City Council minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes, CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3, Water Service Installation in VFW Park 4, TH Roundabout — Mn/DOT Cooperative Agreement No. 96514-R, Resolution No, 2010-021 5. State of Minnesota Redevelopment Grant Program — Resolution No. 2010- 22 accepting the grant 6. Award contract for Prairie Restoration Services for Sunfish Lake Park Prairie Restoration Project REGULAR AGENDA: 7. Conditional Use Amendment for Lake Elmo Elementary School; Resolution No. 2010-023 8a, Eder's Century Pines — agreement b. Street vacation — Public Hearing 9. Quarterly Financial Report 10, Comprehensive Plan Amendment for Senior Living and Farm School — Resolution No. 2010-017 11, Open Space Overlay Zoning for Senior Living and Farm School; Resolution No, 2010-024 K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • City Engineer • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting. * * City of Lake Elmo City Council Meeting Minutes May 4, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Smith and Park Also Present: Administrator Messelt, City Engineer Griffin, Attorney Sandstrom, Planning Director Klatt, Finance Director Bouthilet, and City Clerk Lumby APPROVAL OF AGENDA MOTION; Council Member DeLapp moved to approve the_ 02,4, 2010 City Council agenda as amended, Move Item 1-9 under Consent AgendcCouncil Member Park seconded the motion, The motion passed 5-0, GROUND RULES: APPROVED MINUTES: The April 20, 2010 City Council minute.s werc approvcd by coe u , PUBLIC COMMENTS/INQUIRIES: CONSENT AGENDA: MOTION: Council Member DeLapp moved to approve the Consent Agenda as presented including Agenda Items #8 and#.9:-Council Member Smith seconded the motion The motion passed 5-0 • Approvepayment ofdisbursements and payroll in the amount of $169,394.16 • Approve Resolution N6;,--2010-018 seeking Washington County action to support the authorizationof the'Commissioner of Transportation to perform and engineering andriaffic investigation to determine the reasonable and safe speed limit at CSAH 13 (Ideal Avenue/Olson Lake Trail) between Trunk Highway 5 and CSAH 35 (50th Street N) • Authorize the City Administrator's participation in the 2010 Minnesota City Management Association's annual conference, to be held May 5th_7h in St. Cloud, MN • Appoint Judith Blackford to a second 3-yr term as a Full Voting member and move David Steele from an Alternate to a 3-year teini as a Full Voting member to the Park Commission • Authorize the Mayor and Administrator to enter into a temporary On -Call Building Inspection Services agreement for May -June 20] 0, from either City of Bayport or Woodbury, based upon best capacity fit for the City's overall inspection needs LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2010 Approve Resolution No. 2010-019 accepting the bids, awarding a contract to the lowest bidder, Pearson Bros. Inc. for their base bid of $177,614.65, and approval of Change order No. 1 which removed 42nd Street from the project for a reduced total contract amount of S168,365.57 for the 2010 Seal Coat Project per the Engineer's letter of recommendation. Keats Avenue Street and Watermain Improvements Keats Avenue is scheduled to be improved in the 2011 construction season. The installation of a trunk watermain along Keats Avenue is seen as a critical loop connection in the water system, to be considered in conjunction with the planned street improvements. To provide an engineering recommendation of street and watermain improvements, and whether these improvements will be better completed together or separately, a geotechnical evaluation (soil borings) should be obtained so as to determine the subsurface condition of the roadway. MOTION: Council Member DeLapp moved to authorize4Meriean,Engineering Testing, Inc, to perform geotechnical services for the Keats Avenue Street and watermain improvements in the amount of $7,700.00, Resolution No 2010-020, 'Council Member Smith seconded the motion, The motion passed 5-0 Street Capital Improvement Program - Authorization management street rating services nduct the annual pavement and As part of the City's Street C.I.P., the street inventory and condition assessment data needs to be updated and maintainect.The data is important in that it is one of the underlying factors supporting,the recommendations of the annual street maintenance and reconstruction program. TV.:Maintain)fhe data,, the best practice is to re -rate 25% of the street and roadway network each year. MOTION: CounellMemberVeLapk:inoved to authorize TKDA to complete an update of street ratings for2.5% of the street network in the amount of $5,700.00, Council Member Smith seconded the motion The motion passed 5-0. Resolution of Concurren'Ce4ith South Washington Watershed District Petition for a Boundary Change Bruce Messelt, City Administrator, reported the SWWD boundary change petition requests transfer of territory from the Valley Branch Watershed District, which was formerly governed by the Lower St. Croix WMO. Upon dissolution of the Lower St. Croix WMO, a dispute ensued over which entity or entities should govern its territory. MOTION: Council Member Emmons moved to approve Resolution No. 2010-021 providing concurrence by the City of Lake Elmo with the proposed boundary changes to the South Washington Watershed District and express concern about representation for Lake Elmo on the SWWD Board. Council Member Smith seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2010 2 Comprehensive Pan Amendment for Senior Living and Farrn School Kyle Klatt, Planning Director, reported the City Council is asked to review and act upon a proposed Comprehensive Plan Amendment, requested by Tammy Malmquist, 8549 Ironwood Trail North. If there is affirmative action by the City Council, forthcoming will be separate requests for Map Amendments, an OP Open Space Preservation Concept plan, and a Planned Unit Development concept plan. These actions will allow establishment of a 40-unit senior living multi -family building, 10 townhouse units, and a farm-themed preschool on a 30.9 acre parcel at 9434 Stillwater Blvd, N. MOTION: Council Member DeLapp moved to table this item for two weeks and for more information. Council Member Emmons seconded the motion. The motion failed 2- 3 (Mayor Johnston, Council Member Park and Smith voting against the motion.) Discussion ensued by the City Council. Residents were given an pportunity to speak. The following residents spoke in favor of the Comprehensie Plan,Amendment proposed by Tammy Malmquist: Milt Klohn, 8716 Ironwood Trail Gisela Lee, 3084 Layton Ct. Alan Kupferschmidt, 2769 Legion Avenue N. Kim Lipman, 8249 Deer Pond Ctcli: Pat Weyandt, 8772 Ironwood Trait Rita Conlin, 8560 IronwoodTrai11 The following residents spokeiagainst,the Comprehensive Plan Amendment proposed my Tammy Malmquist: Todd Williams, 5 Lake Elmo Avenue N. Ann Bucheck, 23 Otegion'Aypnue Deb Krueger, 4452 Lake Elmo Avenue N. Council Member Emmons indicated he had questions that have not been answered and wanted more time to work-E-With Planning staff and the City Administrator. MOTION: Mayor Johnston moved to delay this agenda item until the May 18, 2010 City Council meeting in order for the City Administrator and Planning Staff to discuss concerns with Council Member Emmons. Council Member Emmons second the motion. The motion passed 3-2 (Council Members Park and Smith voted against.) The Council adjourned the meeting at 9:40 p.m. LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2010 AYOR & COUNCIL COMMUNICATION DATE: 5/18/2010 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements and Payroll in the Amount of $ 148,957,41 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: City Staff SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements and payroll in the amount of S 148,957,41. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and payroll to be paid in accordance with State law and City policies and procedures. Claim # ACH ACH DD 2748 —DD 2762 35588 - 35592 35593 — 35649 Amount $ 6,779.64 $ 1,138.63 $ 21,030.96 $ 17,488.36 $ 102,519.82 TOTAL $ 148,957.41 Description Payroll Taxes to IRS 05/06/2010 Payroll Taxes to MN Dept, of Revenue 05/06/2010 Payroll Dated 05/06/2010 (Direct Deposit) Payroll Dated 05/06/2010 Accounts Payable Dated 05/18/2010 -- page 1 -- City Council Meeting Approval of Disbursements and Payroll May l8th, 2010 Consent Agenda Item # 2 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $ 148,957.41. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and farther discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the May 18th, 2010 Disbursement and Payroll, as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 05/18/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Auenda: Questions from Council to Staff Mayor Facilitates Call for Motion ............... ............„..... ......... ....... ........... Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -- page 2 -- Accounts Payable To Be Paid Proof List User: joan Z Printed: 05/12/2010 - 1:47 PM Batch: 001-05-2010 Invoice # Inv Date Amount Quantity Pmt Date Description Reference ACEHARD Ace Hardware , Inc 92132 05/05/2010 12.98 0.00 05/18/2010 Recycle Flourescent Bulbs 101-420-2220-44010 Repairs/Maint Bldg 92132 Total: 12.98 ACEHARD Total: 12.98 Task Type PO # Close POLine # No 0000 AMFLAG American Flagpole St Flag Corp 87309 03/02/2010 471.35 0.00 05/18/2010 Patrial Pmt for Support Flags from - No 0000 810-000-0000-20200 Accounts Payable donat 87309 Total: 471.35 AMFLAG Total: 471.35 ARAM Aramark, Inc. 629-6982602 04/29/2010 22.97 0.00 05/18/2010 Uniforms - No 0000 101-430-3100-44170 Uniforms 629-6982602 Total: 22.97 629-6984455 05/03/2010 107.36 0.00 05/18/2010 Linen City Hall No 0000 101-410-1940 44010 Repairs/Maint Contractual Bldg 629-6984455 Total: 107.36 629-6987417 05/06/2010 63.53 0.00 05/18/2010 Mats, Soap - No 0000 101-430-3100-44010 Repairs/Maint Bldg 629-6987417 Total: 63.53 629-6987418 05/06/2010 22.97 0.00 05/18/2010 Uniforms - No 0000 101-430-3100-44170 Uniforms 629-6987418 Total: 22.97 ARAM Total: 216.83 ASPENMI Aspen Mills, Inc. 97289 04/30/2010 10.69 0_00 05/18/2010 Update Class A Jacket 101-420-2220 44170 Uniforms 97289 Total: 10.69 No 0000 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 1 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 97290 04/30/2010 19.24 0.00 05/18/2010 Update Class A Jacket No 0000 101-420-2220-44170 Uniforms 97290 Total: 19.24 97291 04/30a010 109.95 0.00 05/18/2010 Replacement Bunker Boots No 0000 101-420-2220 1/170 Uniforms 97291 Total: 109.95 ASPENMI Total: 139.88 BIFFS Biff's Inc. W404668 05/05/2010 978.69 0.00 05/18/2010 Portable Restrooms No 0000 101-450-5200-44120 Rentals - Buildings W404668 Total: 978.69 BIFFS Total: 978.69 BUBERL Buberl Recycling & Compost Inc 12426 05/05/2010 51.30 0.00 05/18/2010 Black Dirt - No 0000 101-430-3125-42250 Landscaping Materials 12426 Total: 51.30 BUBERL Total: 51.30 C&J CONS C & J Consulting Services, LLP 04-2010 05/04/2010 1,312.50 0.00 05/18/2010 Monthly Accounting Services - April No 0000 101-410-1520-43150 Contract Services 2010 04-2010 Total: 1,312.50 C&J CONS Total: 1,312.50 CARQUEST Car Quest Auto Parts 2055-188028 05/05/2010 16.97 0.00 05/18/2010 Brake harness 09-1 101-430-3120-42210 Equipment Parts 2055-188028 05/05/2010 34.57 0.00 05/18/2010 Carb cleaner, start fluid sea foam 101-430-3120-42120 Fuel, Oil and Fluids 2055-188028 Total: 51.54 CARQUEST Total: 51.54 No 0000 No 0000 CATCO Catco 1-33547 04/30/2010 73.97 0.00 05/18/2010 Replacement Lights for E-2 No 0000 101-420-2220 11040 Repairs/Maint Eqpt 1-33547 Total: 73.97 CATCO Total: 73.97 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # COMCAST COMCAST 04/27/2010 04/27/2010 7.89 0.00 05/18/2010 Monthly Service No 0000 101-420-2220-44300 Miscellaneous 04/27/2010 Total: 7.89 COMCAST Total: 7.89 COMPENSA Compensation Consultants, Ltd 04/01/2010 04/01/2010 40.00 0.00 05/18/2010 Monthly Admin Fee- May 2010 101-410-1320 44300 Miscellaneous 04/01/2010 Total: 40.00 COMPENSA Total: 40.00 No 0000 CTYBLOOM City of Bloomington April 2010 04/30/2010 40.00 0.00 05/18/2010 Lab Bacteria tests No 0000 601-494-9400-42270 Utility System Maintenance April 2010 Total: 40.00 CTYBLOOM Total: 40.00 CTYROSEV City of Roseville 0010716 05/03/2010 1,551.58 0,00 05/18/2010 Monthly IT Services - May 2010 No 0000 101-410-1450-43180 Information Technology/Web 0010716 Total: 1,551.58 CTYROSEV Total: 1,551.58 DITCHWIT Ditch Witch of Mn, Inc. P12365 05/05/2010 220,17 0.00 05/18/2010 Vac Ex Filters No 0000 101-450-5200-42230 Building Repair Supplies P12365 Total: 220.17 DITCHWIT Total: 220_17 ECKB ERG Eckberg Lamers Briggs Wolff 04-2010 04/30/2010 3,914.99 0.00 05/18/2010 Legal Services - Criminal - No 0000 101-420-2150-43045 Attorney Criminal 04-2010 Total: 3,914.99 104046 04/30/2010 4,407.50 0.00 05/18/2010 Legal Services - Civil - No 0000 101-410-1320-43040 Legal Services 104046 04/30/2010 916.50 0.00 05/18/2010 Legal Services - Development No 0000 203-490-9070-43040 Legal Services 104046 Total: 5,324.00 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 3 Invoice # Inv Date ECKBERG Total: EMERGAUT Emergency Automotive tech, Inc 9334 04/30/2010 410-480-8000-45500 Vehicles 9334 Total: MS042210-14 04/22/2010 410-480-8000-45400 Heavy Machinery MS042210-14 Total: EMERGAUT Total: EMMONS A Emmons Alex 05/05/2010 05/05/2010 101-410-1450-43620 Cable Operations 05/05/2010 05/05/2010 101-410-1450-43620 Cable Operations 05/05/2010 Total: EMMONS A Total: ENVENTIS ENVENTIS 737500 05/01/2010 101-430-3100-43210 Telephone 737500 Total: 738507 05/13/2010 101-410-1940-43210 Telephone 738507 Total: ENVENTIS Total: Amount Quantity Pmt Date Description Reference 9,238.99 56.21 0.00 05/18/2010 Replace Strobe on Chief 1 56.21 266.00 0.00 05/18/2010 Replace siren on B (3178) 266.00 322_21 41.25 0.00 05/18/2010 Cable - Emerald Ash Bohrer 4/29/10 55.00 0.00 05/18/2010 Cable - CityCouncil Meeting 5/4/10 96.25 96.25 Task Type PO # Close POLine # 444.67 0.00 05/18/2010 Phone/Data Service Public Works May - '10 444.67 525.92 0.00 05/18/2010 Telephone/Data Service City Hall May '10 525.92 970.59 FERGUSON Ferguson Waterworks SO1241039.002 05/04/2010 2,875.81 601-494-9400-42300 Water Meters & Supplies SO1241039.002 Total: 2,875.81 SO1248158.001 05/04/2010 10327 601-494-9400-42400 Small Tools & Minor Equipment SO1248158.001 Total: 103.27 SO1248158.002 05/04/2010 17.38 601-494-9400-42400 Small Tools & Minor Equipment SO1248158.002 Total: 17.38 FERGUSON Total: 2,996.46 0.00 05/18/2010 Meters 0.00 05/18/2010 Hose/Pipe Adapters 0.00 05/18/2010 Hose Clamp No No No No 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 4 Invoice # Inv Date Amount Quantity Pmt Date Description Reference FINANCE Finance and Commerce 22240957 05/06/2010 143.75 0.00 05/18/2010 Advertisements for Bids 2010 St & 101-410-1450-43510 Public Notices Water 22240957 Total: 143.75 FINANCE Total: 143.75 Task Type PO # Close POLine # No 0000 GORMANS GORMANS RESTAURANT 05/08/2010 05/08/2010 86.73 0.00 05/18/2010 Dinner for Woodbury standby crew No 0000 101-420-2220 11300 Miscellaneous 05/08/2010 Total: 86.73 GORMANS Total: 86.73 GOVTRNG Government Training Services 24242354 04/19/2010 219.00 0.00 05/18/2010 MCMA Conference - City - No 0000 101-410-1320-44370 Conferences & Training Administrator 24242354 Total: 219.00 GOVTRNG Total: 219.00 HAGBERGS Hagbergs Country Market 04/30/2010 04/30/2010 4.57 0.00 05/18/2010 Sugar Cubes, Creamer No 0000 101-410-1940-44300 Miscellaneous 04/30/2010 04/30/2010 18.15 0.00 05/18/2010 Board of Review, Council 4/28/10 No 0000 101-410-1110 41300 Miscellaneous 04/30/2010 Total: 22.72 HAGBERGS Total: 22.72 KAISER Kaiser Manufacturing, Inc 74964 05/05/2010 34.84 0.00 05/18/2010 Hydrant Bag for Station #1 No 0000 101-420-2220-42400 Small Tools & Equipment 74964 Total: 34.84 KAISER Total: 34.84 KAMCO Kamco, Corp 3250 04/29/2010 180.00 0.00 05/18/2010 Tree & Branches removed from Pebble - No 0000 101-430-3250-43150 Contract Services Park 3250 Total: 180.00 KAMCO Total: 180.00 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 5 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # KDV Kern DeWenter Viere Ltd 110270 04/30/2010 8,032.50 0.00 05/18/2010 Financial Services - April 2010 No 0000 101-410-1520-43150 Contract Services 110270 Total: 8,032.50 KDV Total: 8,032.50 LEOIL Lake Elmo Oil, Inc. 04/30/2010 04/30/2010 547.05 0.00 05/18/2010 Fuel - No 0000 101-420-2220-42120 Fuel, Oil and Fluids 04/30/2010 Total: 547.05 11481 04/01/2010 1,464.40 0.00 05/18/2010 Fuel - No 0000 101-430-3120-42120 Fuel, Oil and Fluids 11481 Total: 1,464.40 LEOIL Total: 2,011.45 Lillie Newspapers Inc. Lillie Suburban 05/25/10 05/25/2010 123.73 0.00 05/18/2010 Legal Publications No 0000 101-410-1320-43510 Legal Publishing 05/25/10 Total: 123.73 Lillie Total: 123.73 LINNER Linner Electric Company, Inc. 20905 04/26/2010 426.75 0.00 05/18/2010 Panel Repair Pebble Parlc No 0000 101-450-5200 11030 Repairs/Maint Imp Not Bldgs 20905 Total: 426.75 LINNER Total: 426.75 LOEGERIN Loegering Ryan Chk Req 04/29/2010 1,500.00 0.00 05/18/2010 Escrow Return 9915 Tapestry permit No 0000 803-000-0000-22900 Deposits Payable 6602 Chk Req Total: 1,500.00 LOEGERIN Total: 1,500.00 LOFF Loftier Companies, Inc. 1121108 05/04/2010 187.40 0.00 05/18/2010 Copy Machines Overage ik Base April No 0000 101-410-1940 11040 Repairs/Maint Contractual Eqpt 2010 1121108 Total: 187.40 LOFF Total: 187.40 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 6 Invoice # Lnv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # MARONEYS Maroney's Sanitation, Inc 338843 05/06/2010 103.66 0.00 05/18/2010 Waste Removal - City Hall - No 0000 101-410-1940-43840 Refuse 338843 05/06/2010 45.62 0.00 05/18/2010 Waste Removal - Fire No 0000 101-420-2220-43840 Refuse 338843 05/06/2010 198.87 0.00 05/18/2010 Waste Removal - Public Works No 0000 101-430-3100-43840 Refuse 338843 05/06/2010 198.87 0.00 05/18/2010 Waste Removal - Parks No 0000 101-450-5200-43840 Refuse 338843 Total: 547.02 MARONEYS Total: 547.02 MARVS Marv's Professsional Tools 225448 05/06/2010 49.87 0.00 05/18/2010 Tools Water Dept. 601-494-9400-42400 Small Tools & Minor Equipment 225448 Total: 49.87 MARVS Total: 49.87 MENARDSO Menards - Oakdale 57580 04/30/2010 59.58 0.00 05/18/2010 Vice Grip, pliers and fridge filter 101-430-3100-42400 Small Tools & Minor Equipment 57580 Total: 59.58 MENARDSO Total: 59.58 No 0000 No 0000 METCOU Metropolitan Council 0000930220 05/05/2010 1,374.96 0.00 05/18/2010 Monthly Wastewater Service - June No 0000 602-495-9450-43820 Sewer Utility - Met Council 2010 0000930220 Total: 1,374.96 METCOU Total: 1,374.96 METRO MU METROPOLITAN MUNICIPALITIES ASSOCI 177 05/10/2010 20.00 0.00 05/18/2010 4/8/2010 Meeting No 0000 101-410-1110-44330 Dues & Subscriptions 177 Total: 20.00 METRO MU Total: 20.00 METROFIR Metro Fire 37902 05/05/2010 445.15 0.00 05/18/2010 Replacement Hose - Forestry No 0000 404-480-8000-44040 Repairs/Maint Contractual Eqpt 37902 Total: 445.15 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 7 Invoice # Inv Date Amount Quantity Pmt Date Description Reference METROFIR Total: 445.15 MILLEREX Miller Excavating, Inc. 14746 04/30/2010 1,158.75 0_00 05/18/2010 Grading Gravel Roads 101-430-3120-43150 Contract Services 14746 Total: 1,158.75 MILLEREX Total: 1,158.75 MN/DOT Mn/DOT Oakdale Sign Shop 1BD 05/10/2010 810-000-0000-20200 Accounts Payable TBD Total: MN/DOT Total: Task Type PO # Close POLine # No 0000 188.85 0.00 05/18/2010 3 each Yellow Ribbon Sign panels No 0000 188.85 188.85 MNPLAYGR Minnesota Playground Inc. 2010056 04/29/2010 1,790.00 0_00 05/18/2010 Wood Fiber Parks No 0000 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 2010056 Total: 1,790.00 MNPLAYGR Total: 1,790,00 ONECALL One Call Concepts, Inc Gopher Stat 0040619 04/30/2010 211.70 0.00 05/18/2010 Line Locates - April 2010 No 0000 101-430-3100-43150 Contract Services 0040619 Total: 211.70 ONECALL Total: 211.70 PLANTH PLANT HEALTH ASSOCIATES, INC 1003-10 05/11/2010 1,680.00 0.00 05/18/2010 Forester Services - April 2010 101-430-3250-43150 Contract Services 1003-10 05/11/2010 72.00 0.00 05/18/2010 Forester Services Development 203-490-9070-43150 Contract Services 1003-10 Total: 1,752.00 PLANTH Total: 1,752.00 PRESS Press Steven 05/10/10 05/10/2010 58.88 0.00 05/18/2010 PZ Cabled Meeting 5/10/10 101-410-1450-43620 Cable Operations 05/10/10 Total: 58.88 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 8 Invoice # Inv Date PRESS Total: Amount Quantity Pmt Date Description Reference 58.88 RIVRCOOP River Country Cooperative 04/30/2010 04/30/2010 202.34 0.00 05/18/2010 Fuel 101-420-2220-42120 Fuel, Oil and Fluids 04/30/2010 04/302010 25.00 0.00 05/18/2010 Car Washing Card 101-420-2220A4040 Repairs/Maint Eqpt 04/30/2010 Total: 227.34 RIVRCOOP Total: 227.34 Task Type PO # Close POLine # No 0000 No 0000 ROGERS Rogers Printing Services, Corp 17093 04/30/2010 35.27 0.00 05/18/2010 Business Cards - Mayor Johnston - No 0000 101-410-1320-42030 Printed Forms 17093 Total: 35.27 ROGERS Total: 35.27 RUD Prince-Rud Diane 05/12/2010 05/12/2010 320.00 0.00 05/18/2010 Cleaning City Hall & Annex 101-410-1940-44010 Repairs/Maint Contractual Bldg 05/12/2010 05/12/2010 240.00 0.00 05/18/2010 Cleaning Fire Hall 101-420-2220-44010 Repairs/Maint Bldg 05/12/2010 Total: 560.00 RUD Total: 560.00 No 0000 No 0000 S&T S&T Office Products, Inc. 0IN20885 04/28/2010 11.70 0.00 05/18/2010 Planning Commission Name Plate No 0000 101-410-1910-42000 Office Supplies 0IN20885 Total: 11_70 OINZ0711 04/28/2010 339.05 0.00 05/18/2010 Office Supplies No 0000 101-410-1320-42000 Office Supplies 0 I NZ0711 Total: 339.05 0INZ21735 04/30/2010 153.84 0.00 05/18/2010 Office Supplies - Printer Cartridges No 0000 101-410-1320-42000 Office Supplies 0 I NZ21735 Total: 153.84 S&T Total: 504.59 TASCH T.A. Schifsky & Sons Inc 49131 04/24/2010 165.91 0.00 05/18/2010 Asphalt 101-430-3120-42240 Street Maintenance Materials 49131 Total: 165.91 No 0000 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 9 Invoice # Inv Date TASCH Total: TIREPROZ Tire Proz 30660 05/10/2010 101-420-2220 14040 Repairs/Maint Eqpt 30660 Total: TIREPROZ Total: TKDA TKDA, Inc. 000201001020 05/06/2010 203-490-9070-43030 Engineering Services 000201001020 Total: 000201001021 05/06/2010 203-490-9070-43030 Engineering Services 000201001021 Total: 000201001022 05/06/2010 413-480-8000-43030 Engineering Services 000201001022 Total: 000201001023 05/06/2010 413-480-8000-43030 Engineering Services 000201001023 Total: 000201001024 05/06/2010 415-480-8000-43030 Engineering Services 000201001024 Total: 000201001025 05/06/2010 417-480-8000-43030 Engineering Services 000201001025 Total: 000201001026 05/06/2010 101-420-2400-43030 Engineering 000201001026 05/06/2010 101-430-3100-43030 Engineering Services 000201001026 05/06/2010 101-410-1930-43030 Engineering Services 000201001026 05/06/2010 101-410-1910-43030 Engineering Services 000201001026 Total: 000201001027 05/06/2010 101-420-2400-43030 Engineering 000201001027 05/06/2010 101-410-1910-43030 Engineering Services 000201001027 05/06/2010 409-480-8000-43030 Engineering Services 000201001027 05/06/2010 404-480-8000-43030 Engineering Services Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 165.91 705.90 0.00 05/18/2010 Replace Tires and alignment on Chief 1 - 705.90 705.90 208.28 0.00 05/18/2010 Development Whistling Valley III 208.28 578.55 0.00 05/18/2010 Sanctuary 578.55 148.20 0.00 05/18/2010 1-94 to 30th Street -Village Sanitary 148.20 2,096.92 0.00 05/18/2010 Lake Elmo Area Village Eng. Support 2,096.92 115.71 115.71 18,121.70 18,121.70 185.14 185.14 3,822.88 393.41 4,586.57 551.50 2,595.50 2,572.14 185.14 0.00 05/18/2010 2009 Street Improvement - Final Design 0.00 05/18/2010 Lake Elmo 2010 Street & Water Quality 0.00 05/18/2010 General Engineering 0.00 05/18/2010 General Engineering 0.00 05/18/2010 General Engineering 0.00 05/18/2010 General Engineering 0.00 05/18/2010 0.00 05/18/2010 0.00 05/18/2010 0.00 05/18/2010 General Engineering - VRA General Engineering - VRA General Engineering - VRA General Engineering - VRA No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 10 Invoice # Inv Date 000201001027 05/06/2010 603-4.96-9500-43030 Engineering Services 000201001027 05/06/2010 601-494-9400-43030 Engineering Services 000201001027 05/06/2010 602-495-9450-43030 Engineering Services 000201001027 Total: 000201001028 05/06/2010 417-480-8000-43030 Engineering Services 000201001028 Total: 000201001029 05/06/2010 411-480-8000-45200 Buildings and Structures 000201001029 Total: 000201001030 05/06/2010 409-480-8000-43030 Engineering Services 000201001030 Total: 000201001031 05/06/2010 601-494-9400-43030 Engineering Services 000201001031 Total: TKDA Total: USA USA lnflatables Corp 3509 04/20/2010 204-450-5200-43150 Contract Services 3509 Total: USA Total: VALLEYTR Valley Trophy Inc_ 40075 04/26/2010 101-420-2220-44300 Miscellaneous 40075 Total: VALLEYTR Total: VISA-SL VISA 05/26/10 05/26/2010 101-410-1320-44300 Miscellaneous 05/26/10 05/26/2010 101-410-1320-44380 Staff Development 05/26/10 05/26/2010 101-410-1910 44370 Conferences & Training 05/26/10 05/26/2010 101-410-1910-44370 Conferences & Training 05/26/10 Total: Amount Quantity Pmt Date Description Reference 948.82 1,009.21 519.38 8,381.69 6,275.67 6,275.67 1,374.72 1,374.72 747.27 747.27 4,627.80 4,627.80 47,263.08 298.69 298.69 298.69 50.77 50.77 50.77 62.64 125.00 665.00 60.00 912.64 0.00 05/18/2010 0.00 05/18/2010 0.00 05/18/2010 General Engineering - VRA General Engineering - VRA General Engineering - VRA 0.00 05/18/2010 TH 5 & Jamaca Ave Roundabout 0.00 05/18/2010 Lake Elmo City Hall Improvements 0.00 05/18/2010 Lake Elmo 2010 Sealcoat 0.00 05/18/2010 Lake Elmo Water System Strategies/Fin. 0.00 05/18/2010 50% Down Pmt Rock Climbing -Fall Fest 0.00 05/18/2010 Service Award 0.00 05/18/2010 0.00 05/18/2010 0.00 05/18/2010 0.00 05/18/2010 Broadway Pizza IIMC Membership for S. Lumby Planning Commission Training Staff Training - Kelli Task Type PO # Close POLine # No No No No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 11 Invoice # Inv Date VISA-SL Total: WITTER Witter Nick 04/28/2010 04/28/2010 101-420-2220-43310 Mileage 04/28/2010 Total: WITTER Total: XCEL Xcel Energy 51-4504807-7 05/10/2010 101-450-5200-43810 Electric Utility 51-4504807-7 05/10/2010 602-495-9450-43810 Electric Utility 51-4504807-7 05/10/2010 101-430-3160-43810 Street Lighting 51-4504807-7 Total: 51-4572945-7 05/10/2010 101-430-3160-43810 Street Ligliting 51-4572945-7 Total: 51-4576456-3 05/10/2010 101-420-2220-43810 Electric Utility 51-4576456-3 Total: 51-4580376-5 05/10/2010 101-410-1940-43810 Electric Utility 51-4580376-5 05/10/2010 101-430-3160-43810 Street Lighting 51-4580376-5 Total: 51-4733556-8 05/10/2010 101-450-5200-43810 Electric Utility 51-4733556-8 Total: 51-5044219-0 05/10/2010 101-450-5200-43810 Electric Utility 51-5044219-0 Total: 51-5275289-3 05/10/2010 101-450-5200-43810 Electric Utility 51-5275289-3 Total: 51-5356323-8 05/10/2010 601-494-9400-43810 Electric Utility 51-5356323-8 Total: 51-5522332-2 05/10/2010 101-430-3160-43810 Street Lighting 51-5522332-2 Total: 51-5747685-4 05/10/2010 101-450-5200-43810 Electric Utility Amount Quantity Pmt Date Description Reference 912.64 259.00 0.00 05/18/2010 Mileage Reimbursement 259.00 259.00 15.08 0.00 05/18/2010 Lights at Legion Park 55.42 0.00 05/18/2010 Lift Station 19.58 0.00 05/18/2010 Traffic Lights Inwood 90.08 45.55 0.00 05/18/2010 Street Lights - Jamely 45.55 182.17 0.00 05/18/2010 Fire Station 2 182.17 207.01 0.00 05/18/2010 City Hall 19.81 0.00 05/18/2010 Traffic Lights - Keats 5.53 0.00 05/18/2010 Tennis Courts - Laverne Ave 42.89 0.00 05/18/2010 Parks Building 8.89 0.00 05/18/2010 Pebble Park 943.49 0.00 05/18/2010 Wells 1 & 2 24.01 0.00 05/18/2010 Traffic Lights - Inwood 65.47 0.00 05/18/2010 Arts Center 226.82 5.53 42.89 8.89 943.49 24.01 Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (05(12/10 - 1:47 PM) Page 12 Invoice # 51-5916043-7 602-495-9450-43810 51-6429583-8 602-495-9450-43810 51-6433976-2 101-420-2220-43810 51-6625457-1 101-450-5200-43810 51-6736544-2 101-430-3160-43810 51-6928283-3 101-430-3160-43810 51-6956201 -4- 1 01-450-5200-43810 51-7538112-1 101-430-3100-43810 51-8126093-5 601-494-9400-43810 51-8711719-3 101-430-3160-43810 Inv Date 51-5747685-4 Total: 05/10/2010 Electric Utility 51-5916043-7 Total: 05/10/2010 Electric Utility 51-6429583-8 Total: 05/10/2010 Electric Utility 51-6433976-2 Total: 05/10/2010 Electric Utility 51-6625457-1 Total: 05/10/2010 Street Lighting 51-6736544-2 Total: 05/10/2010 Street Lighting 51-6928283-3 Total: 05/10/2010 Electric Utility 51-6956201-4 Total: 05/10/2010 Electric Utility 51-7538112-1 Total: 05/10/2010 Electric Utility 51-8126093-5 Total: 05/10/2010 Street Lighting 51-8711719-3 Total: XCEL Total: Report Total: Amount Quantity Pmt Date Description Reference 65.47 11.11 11.11 9.61 9.61 186.14 186.14 12.90 12.90 1,167.18 1,167.18 19.66 19.66 235.63 235.63 911.85 911.85 4.04 4.04 6.53 6_53 4,199.55 94,601.55 0.00 05/18/2010 LiftStation - 34th Street 0.00 05/18/2010 Lift Station - Legion Ave 0.00 05/18/2010 Fire Station 1 0.00 05/18/2010 Legion Park 0.00 05/18/2010 Street Lights 0.00 05/18/2010 Traffic Lights Manning 0.00 05/18/2010 VFW Ballfield Lights 0.00 05/18/2010 Public Works 0.00 05/18/2010 Water Tower 2 0.00 05/18/2010 Speed Sign Hwy 5 Task Type PO # Close POLine # No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (05/12/10 - 1:47 PM) Page 13 1 ciTy or LAKE ELMO AYQR & COUNCIL commuivicATIoN AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: I I, DATE: 5/18/2010 CONSENT ITEM #: 3 MOTION as part of Consent Agenda Water Service Installation at VFW Park Mike Bouthilet, Public Works Director 471 Bruce Messelt Tom Bouthilet, Finance Director Ryan. Stempski, Assistant City Engineer I 0, SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve a Parks Commission request for the installation of a drinking fountain in the VFW Park. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City Council previously authorized the purchase of the VFW fountain, along with a replacement fountain for Pebble Park. Both fountains were procured and the Pebble fountain has been installed. The VFW fountain requires a water main tap and service installation. The cost for this project is included in the Council -approved 2010 Capitol Improvement Program (CIP). Three quotes were obtained as follows: • Buelow Excavating, Inc. , ........... , ........ ,.....$3,500.00 • Fuhr Trenching ..... ......... ........ ......... ..... ....$3,545,00 • Capra's Utilities, Inc.. ..... .............. ........ $4,975.00 STAFF REPORT: The contract encompasses the tapping of the water main, curb stop installation, installation of a blow -off valve and pipes for winterization, and a 270-foot service line to the fountain location. The Public works Department has contracted with all three installers in the past without any issues. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council authorize via tonight's Consent Agenda drafting and execution of a contract for the denoted service installation with Buelow Excavating. -- page 1 -- City Council Meeting Water Service Installation at VFW Park May 18th, 2010 Consent Agenda Item # 3 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the drafting and execution of a contract with Buelow Excavating in the amount of $3,500. 00 to tap the water main and install water service to the VFW Park, as presented [and/or modified] at tonight's meeting." ATTACHMENTS; None SUGGESTED ORDER OF BUSINESS (ffremoved from the Consent Auenda); Questions from Council to Staff ......, ............. ......... ....... Mayor Facilitates Call for Motion Mayor & City Council Discussion ..................................... ............ Mayor & City Council Actionon Motion..,...„...„..................... ......... ....... ....... ....... Mayor Facilitates page 2 -- CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 5/18/2010 CONSENT ITEM #: 4 MOTION as part of Consent Agenda T.H. 5 Roundabout — Mn/DOT Cooperative Construction Agreement, No. 96514-R Jack Griffin, City Engineer Bruce Messelt, City Administrator Ryan Stempski, Assistant City Engineer Mike Bouthilet, Public Works Superintendent Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is asked to enter into a Cooperative Construction Agreement with the Minnesota Department of Transportation for the T,H. 5 Roundabout Improvements. The agreement addresses the City cost participation requirements, method and determination of payment by the City, and the ongoing maintenance responsibilities for the completed infrastructure. No specific motion is needed, as it is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The proposed project is to construct a modem Roundabout at the intersection of T.H. 5 and Jarnaca Ave/Stillwater Boulevard to address severe right angle crashes. The project design is complete and authorization for the City Engineer to sign the plans on behalf of Lake Elmo was approved by the City Council on April 6, 2010. Of Note: The City's cost participation for the improvement is estimated at $154,028,72; which may be further reduced to only $18,148.77, should the project receive Federal Ajd. The design, completed by Mn/DOT staff incorporates, to the extent possible, the City's requests and comments pertaining to the lighting system, landscaping, water quality, watermain utilities, detour routing/staging, and signage. The letting date to receive Contractor bids has been scheduled for May 21, 2010. STAFF REPORT: City staff has reviewed the Cooperative Construction Agreement, No, 96514-R and have determined that the agreement is consistent with the level of cost participation and the ongoing maintenance responsibilities that have been previously discussed and agreed to -- page 1 -- • City Council Meeting T.H 5 Roundabout Project— Mn/DOT Cooperative Construction Agreement, No, 96514 May 18th, 2010 Consent Agenda Item #4 by the City. It should be noted that the agreement indicates a City cost participation amount of $154,028.72. A detailed cost breakdown can be found in the appendix in the attached Cooperative Construction Agreement as Schedule I. The City has been planning for this project with the intent of paying its share of the costs through the use of Municipal State Aid funds. It should be noted that the cost participation arnount is estimated at this time and will be recalculated by revising Schedule I using actual unit prices received by the lowest responsible bidder. Therefore, the City cost participation will not be finalized until after contractor bids are received. Further, it should be noted that MnDOT has applied for and potentially received Federal Aid for this project, which if received, a portion will be credited to the City's share of the costs. It is estimated at this time that with Federal Aid contributions, the City's cost participation will only be $18,148.77. With respect to the City Council's specific direction of April 6th, Staff reports the following: • The northernmost light along Jamaca Ave N. will be 30 ft in height, further reducing light encroachment. The Maintenance agreement will apply to this light pole but the City would be responsible for replacement in case of total loss; • Light poles are available at no additional upfront cost in a natural brown color. The City will agree to future repainting costs; • Mn/DOT will work with the City to enhance landscaping along the corridor and throughout the project. However, maintenance concerns will limit the amount of plantings and grass within the medians of the roundabout proper; • Mn/DOT will work with the City on potential future retrofit options with respect to high - efficiency, low impact lighting, once such products become approved and available. Mn/DOT will also work with the City and 3M on alternate location options for a "monument" sign utilizing cutting edge embedded LED technology. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve Resolution 2010-021 as part of the Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate this recommendation prior to taking action, The Council may table this item at its discretion, take no action (in essence denying the recommendation), or amend the recommended action. If the later is done so, the appropriate action of the Council following such discussion would be: "Move to Approve Resolution No. 2010-021 to enter into the Cooperative Construction Agreement for the T.H. 5 Roundabout Project, Mn/DOT Agreement No. 96514, as amended at tonight's meeting." --page2-- City Council Meeting T.H 5 Roundabout Project— Mn/DOT Cooperative Construction Agreement, No. 96514 May 18th, 2010 Consent Agenda Item #4 ATTACHMENTS: 1. Resolution 2010-021 2. Cooperative Construction Agreement SUGGESTED ORDER OF BUSINESS (if removed from the Consent Auendal: Questions from Council to Staff ........... ........ ........ .................. Mayor Facilitates Call for Motion Mayor & City Council Discussion ..... ....... ..,..... ............ ..„ ..... ....,.......... ..... . Mayor & City Council Action on Motion Mayor Facilitates -- page 3 -- Date: CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-021 A RESOLUTION AUTHORIZING THE CITY TO EN'I'ER INTO A COOPERATIVE CONSTRUCTION AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR THE TRUNK HIGHWAY 5 ROUNDABOUT IMPROVEMENTS WHEREAS, the plans for the Trunk Highway No. 5 Roundabout Improvements have been completed for the intersection of Trunk Highway 5 and Jamaca Ave/Stillwater Boulevard to address severe right angle crashes, WHEREAS, the design has been approved by the City Council on April 6, 2010 and the City Engineer was directed to sign the plans on behalf of the City, WHEREAS, a Cooperative Construction Agreement with the Minnesota Department of Transportation has been prepared by the State qf Minnesota and reviewed by City staff to address the cost participation and ongoing maintenance provisions associated with the improvements, NOW, THEREFORE, BE IT RESOLVED, 1. That the City of Lake Elmo enter into Mn/DOT Agreement No. 96514 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the roundabout construction and other associated construction to be performed upon, along and adjacent to Jamaca Avenue up to the outer limits of the Trunk Highway No, 5 Roundabout within the corporate City limits under State Project No. 8214-145 (T.H. 5- 045), State Project No. 082-606-008, State Project No. 206-103-002 and Federal Project No. HSIP 8210 (203). 2. That the Mayor and the City Clerk are authorized to execute the agreement and any amendments to the agreement. , 2010 CITY OF LAKE ELMO By: Dean A. Johnston Mayor Resolution No. 2010-021 ATTEST: Bruce A. Messelt City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Lake Elmo at an authorized meeting held on the day of 2010, as shown by the minutes of the meeting in my possession. (Signature) (Type or Print Name) (Title) Subscribed and sworn to before me this day of , 2010 Notary Public My Commission Expires Resolution No. 2010-021 2 • PRE -LETTING STATE OF MINNESOTA SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT The State of Minnesota Department of Transportation, and The City of Lake Elmo Re: City bid based lump sum payment for roundabout construction by the State on T.H. 5 Mn/DOT AGREEMENT NO. 96514-R S.P. 8214-145 (T.H. 5=045) S.P. 082-606-008 S.P. 206-103-002 Fed. Proj. HSIP 8210 (203) AMOUNT ENCUMBERED (None) ESTIMATED AMOUNT RECEIVABLE $154,028.72 THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Lake Elmo, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 96514 WHEREAS, the State is about to perform grading, bituminous and concrete surfacing, roundabout, lighting and signing construction and other associated construction upon, along and adjacent to Trunk Highway No. 5 from Iris Avenue to 800 feet east of Jamaca Avenue - County State Aid Highway No 6 (Stillwater Boulevard) within the corporate City limits in accordance with State plans, specifications and special provisions designated as State Project No. 8214-145 (T.H. 5=045), State Project No. 082-606-008, State Project No. 206- 103-002 and in the records of the Federal Highway Administration as Minnesota Projects HSIP 8210 (203); and WHEREAS, City cost participation is required on State Project No. 8214-145 (T.H. 5=045) and State Aid Project No. 206-103-002 for roundabout construction and other associated construction to be performed upon, along and adjacent to Jamaca Avenue up to the outer limits of the Trunk Highway No. 5 Roundabout within the corporate City limits; and WHEREAS, the City has expressed its willingness to participate in the costs of the roundabout construction and associated construction engineering in a lump sum amount as hereinafter set forth; and WHEREAS, Minnesota Statutes Section 161.45, subdivision 2, allows for City -owned utility relocation to be included in a State construction contract, and payment by the City for such relocation in accordance with applicable statutes and rules for utilities on trunk highways; and WHEREAS, it is anticipated that Federal funding will be applied to certain portions of the City cost participation construction, and if so, the cost of the City participation construction and associated construction engineering will be reduced by the amount of Federal funding received therefore; and 2 96514 WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State Project No. 8214-145 (T.H. 5=045) in accordance with State plans, specifications and special provisions which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are incorporated into this Agreement by reference. Section B. Direction and Supervision of Construction The State shall direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction shall be performed in compliance with the approved plans, specifications and special provisions. Section C. Plan Chanaes, Additional Construction, Etc. The State shall make changes in the plans and contract construction, which may include the City cost participation construction covered under this Agreement, and shall enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect the City cost participation construction covered under this Agreement. 3 96514 The City may request additional work or changes to the work in the plans as part of the construction contract. Such request shall be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. Section D. Satisfactory Completion of Contract The State shall perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. Acceptance by the State of the completed contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE II - INSPECTION BY THE CITY The City cost participation construction covered under this Agreement shall be open to inspection by the City. If the City believes the City cost participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City shall inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the State's contractor has satisfactorily performed the City cost participation construction covered under this Agreement. ARTICLE III - BASIS OF PAYMENT BY THE CITY Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attached and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all anticipated City cost participation construction items and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4 96514 Section B. City Cost Participation Construction The City shall, at the percentage indicated, participate in the following construction to be performed upon, along and adjacent to Jamaca Avenue up to the outer limits of the Trunk Highway No. 5 roundabout within the corporate City limits under State Project No. 8214-145 (T.H. 5=045). The construction includes the City's proportionate share of item costs for mobilization, field office, field laboratory and traffic control. 100 Percent minus all anticipated City Federal -aid funding shall be the City's rate of cost participation in all of the roadway construction on Jamaca Avenue up to the outer limits of the Trunk Highway No. 5 roundabout. The construction includes, but is not limited to, those construction items as tabulated on Sheets No. 3 and No. 4 of the attached Preliminary SCHEDULE "I". 2. 100 Percent shall be the City's rate of cost participation in all of the City utility construction. The construction includes, but is not limited to, those construction items as tabulated on Sheet No. 2 of the attached Preliminary SCHEDULE "I". Section C. Construction Engineering. Costs The City shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the City participation construction covered under this Agreement. Section D. Plan Chances, Additional Construction, Etc. The City shall share in the costs of construction contract addenda, for the City cost participation construction covered under this Agreement. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders and supplemental agreements, and 96514 associated construction engineering prior to the completion of the contract construction. Section E. City Cost May Include Anticipated Federal Aid It is anticipated that Federal funding will be applied to the City cost participation construction as indicated in Section B of this article, and to the associated construction engineering. City costs shall include an amount equal to all anticipated Federal funding not applied to the City cost participation construction and associated construction engineering. ARTICLE IV - PAYMENT BY THE CITY Section A. Estimate and Advancement of the Citv's Cost Share It is estimated that the City's share of the costs of the contract construction including the federal funds plus the 8 percent construction engineering cost share is the sum of $154,028.72 as shown in the attached Preliminary SCHEDULE "I". Upon award of the construction contract the State shall prepare a Revised SCHEDULE "I" based on construction contract unit prices. After the following conditions have been met, the City shall advance to the Commissioner of Transportation the City's full and complete lump sum cost share as shown in the Revised SCHEDULE "I": 1. Execution and approval of this Agreement and the State's transmittal of it to the City along with a copy of the Revised SCHEDULE "I". 2. Receipt by the City of a written request from the State for the advancement of funds. Section B. Final Payment - Additional City Reauested Work Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractor and determination by the Federal Highway Administration of the amount of 6 96514 its reimbursement to the State, and only if additional work has been requested by the City in accordance with Article I, Section C. of this Agreement, the State shall prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I" shall be based on final quantities of any additional City requested cost participation construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the City shall be final, binding and conclusive. Pursuant to Minnesota Statutes Section 15.415, the State waives claim for any amounts less than $5.00 over the amount of City funds previously advanced to the State, and the City waives claim for the return of any amounts less than 45.00 of those funds advanced by the City. ARTICLE V - GENERAL PROVISIONS Section A. Revlacement of Castinas Adjustments to certain City -owned facilities, including but not limited to, valve boxes and frame and ring castings, are to be performed by the Staters contractor under the construction contract. The City shall furnish the contractor with new units and/or parts for those in place City -owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. Section B. Utility Permits The City shall submit to the Staters Utility Engineer an original permit application for all City -owned utilities to be constructed hereunder that are upon and within the trunk highway right-of-way Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right -Of -Way" (Form TP2525). 7 96514 Section C. Maintenance by the City Upon completion of the Jamaca Avenue roundabout construction, the City shall provide for the proper maintenance of those roadways up to the outer limits of the Trunk Highway No. 5 Roundabout, and all of the facilities a part thereof, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. Upon completion of the stores sewer construction, the City shall provide for the proper routine maintenance of the catch basin inlets, without cost or expense to the State. Routine maintenance includes, but is not limited to, removal of debris, vegetation and ice from structures and grates, repair of minor erosion problems, and minor structure repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon completion of the City -owned utilities construction, the City shall provide for the proper maintenance of those utilities, without cost or expense to the State. Upon completion of the landscape material construction and following the 2-year contractor establishment period, the City shall provide for the proper maintenance of those landscape materials, without cost and expense to the State. Maintenance includes, but not limited to, maintaining all landscape features (grass, flowers, shrubs, trees, etc.) watering if necessary, pruning or removal of dead or diseased plantings installed within the central island and planted median areas along Trunk Highway No. 5 near the roundabout. If any aspects of the City's maintenance work requires a lane closure, the City must contact the State's permit office. The addition of any plant materials or other features by the City in the State's R/W in the 96514 future will require coordination with and a permit from the State's permit office. Upon completion of the walkways that are part of the roundabout project construction, including those along Trunk Highway No. 5, County State Aid Highway No. 6 (Stillwater Boulevard), and Jamaca Avenue, the City shall provide for the proper maintenance of the walkways, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, mowing sod boulevards, and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. Upon completion of the lighting facilities construction, the City will provide for the proper minor maintenance of those facilities, and the State will provide the major maintenance. Minor maintenance includes; cleaning and relamping the luminaires, and painting the lighting facilities. The City will pay all monthly electrical service expenses necessary to operate the lighting facility. The City requested a 30' pole be placed on the westside of Jamaca Avenue instead of the State's standard 40' pole. The 30' pole will be placed as part of construction, and if the pole needs to be replaced in the future by the State, the State reserves the right to place a standard 40' pole at this location. Section D. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's 9 96514 District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Section E. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section F. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section G. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE VI - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 366-4634. The City's Authorized Agent for the purpose of the administration of this Agreement is Bruce Messelt, City Administrator, or his 10 96514 successor. His current address and phone number are City of Lake Elmo City Hall, 3800 Laverne Avenue North, Lake Elmo, MN 55042, (651) 777-5510. (The remainder of this sheet has been intentionally left blank) 11 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF LAKE ELMO By Mayor Date By Title Date 12 DEPARTMENT OF TRANSPORTATION Recommended for approval: By Approved: District Engineer By State Design Engineer Date Approved as to form and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date CITYOF LAKE ELMO 1:r AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 5/18/2010 CONSENT ITEM #: 5 MOTION as part of Consent Agenda State of Minnesota Redevelopment Grant Program — A Resolution Accepting the Grant Jack Griffin, City Engineer Bruce Messelt, City Administrato Ryan Stempski, Assistant City Engineer Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is asked to approve as part of tonight's Consent Agenda a resolution accepting the grant from the State of Minnesota Redevelopment Grant Program, wherein the state legislature approved a special appropriation of $1,000,000 to be used for water system infrastructure improvements and $1,000,000 for the construction of the 16-inch Sanitary Forcemain Extension project. This Resolution is a requirement of the Grant Agreement administered through the Department of Employment and Economic Development. No specific motion is needed, as it is recommended to be part of the overall approval of the Consent Agenda, BACKGROUND INFORMATION: On March 14th, 2010 the state legislature signed into law the Capitol Investment Bill. Included in the bill was a special appropriation under the Redevelopment Grant Account for the City of Lake Elmo in the amount of $2,000,000; where $1,000,000 must be used to design and construct an expansion of the city's water pumping, storage, and distribution system; and $1,000,000 must be used to design and construct the 194 to 30th Street Trunk Sanitary Sewer Extension project. As a condition in the bill language, the special appropriation will not be available until the City has determined that an equal amount has been committed to the project from non -state sources. STAFF REPORT: City staff is working with the State of Minnesota, Department of Employment and Economic Development to complete the Grant Agreement necessary to secure the funds for the City of Lake Elmo, as appropriated by the state legislature. As a requirement of -- page 1 -- City Council Meeting State of Minnesota Redevelopment Grant Program May 18th, 2010 Consent Agenda Item # 5 the Grant Agreement, the City of Lake Elmo must submit a resolution accepting the grant and committing the local match and/or non state sources required for the projects. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council move to approve Resolution 2010-022 as part of tonight's Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss- and deliberate this recommendation prior to taking action. The Council may table this item at its discretion, take no action (in essence denying the recommendation), or amend the recommended action. If the later is done so, the appropriate action of the Council following such discussion would be: "Move to Approve Resolution No. 2010-022 to accept the grant from the State of Minnesota Redevelopment Grant Program, as amended at tonight's meeting." ATTACHMENTS: Resolution 2010-022 SUGGESTED ORDER OF BUSINESS af removed from the Consent Auenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion „ ..... .....,...., .. .. .......,. ..... ............. ....... Mayor & City Council Action on Motion Mayor Facilitates -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-022 A RESOLUTION ACCEPTING THE GRANT FROM THE STATE OF MINNESOTA REDEVELOPMENT GRANT PROGRAM BE IT RESOLVED that the City of Lake Elmo act as the legal sponsor for projects contained in the Redevelopment Grant Program and that the Mayor is hereby authorized to the Department of Employment and Economic Development for funding of this project on behalf of the City °flake Elmo. BE IT FURTHER RESOLVED that the City ofLake Elmo has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Lake Elmo has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that the City of Lake Elmo may enter into an agreement with the State of Minnesota for the above referenced projects, and that the City of Lake Elmo certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the Clerk, are hereby authorized to execute such agreements as are necessary to implement the projects on behalfof the applicant. Resolution No. 2010-022 Date: , 2010 CITY OF LAKE ELMO ATTEST: Bruce A. Messelt City Administrator By: Dean A. Johnston Mayor CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Lake Elmo at an authorized meeting held on the day of 2010, as shown by the minutes of the meeting in my possession. (Signature) (Type or Print Name) (Title) Resolution No. 2010-022 2 CITY OF LAKE ELM 0 !IVOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 5/18/2010 CONSENT ITEM #: 6 MOTION as part of Consent Agenda Consideration of an Agreement for Services related to the Installation and Management of Prairie in Area Two of Sunfish Lake Park Carol Kriegler, Project Assistant Kathy Widin, City Forester Bruce Messelt, City Administrator Park Commission Tom Bouthilet, Finance Director Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council is asked to consider as part of tonight's Consent Agenda an agreement with Minnesota Native Landscapes for services related to the installation and management of prairie in Area Two of Sunfish Lake Park, Installation services to be provided include an initial herbicide treatment, seedbed preparation, seed mix and seed installation. Management services include monitoring, herbicide treatments to control invasive species, site monitoring and controlled burns. Other project related activities will include the mowing of annual weeds, which will be conducted by the Public Works staff, and the planting of 3,000 seedlings, which will be conducted by volunteers. Costs associated with the prairie installation are anticipated to be $36,540,10. Management services will be authorized on an "as needed" basis over a 4-year period with costs anticipated to be approximately $4,025 each of the first two management years, S7,750 for the third and S3,250 for the fourth, The City has received a Minnesota DNR Metro Greenways Grant in the amount of $27,425.00 for prairie installation and management services conducted through June 30, 2011. BACKGROUND INFORMATION: Area Two of Sunfish Lake Park is a 20 acre parcel that has been in agriculture for a number of years. Most recently, the area has been planted in wheat. The Conservation Easement for the park calls for a large portion of this area to eventually be restored to a native plant community. Restoration of the area to will result in improved wildlife habitat, increased plant diversity and improved aesthetics for park users and residents. The installation of the project and subsequent management practices will be based on sound and well- founded ecological principles, -- page 1 -- City Council Meeting Prairie Restoration Services for Sunfish Lake Park May 18th, 2010 Consent Agenda Item # 6 In addition, the Conservation Easement allows the City to use and develop Area Two of the park, or a portion of it, as an educational, outdoor recreational, or nature observation area. It is anticipated that an area in the northeast quadrant of Area Two will someday accommodate a modest interpretive/warming shelter and year-round recreational amenities, such as a pleasure skating rink, picnic tables, and children's play area. It is also anticipated that the area will include a short -turf — open play area to accommodate casual non-competitive play, soft trails, "cluster plantings" for plant interpretation, a native garden, informational kiosk, way -finding and interpretive signage. Therefore, the prairie seeding, seedling planting and trail installation plan reflects these anticipated future uses and placement of these amenities. Anticipated improvements to the parking area include placement of boulders and the installation of a rain garden for enhanced management of the parking area. STAFF REPORT: The primary goal of the prairie restoration project is to restore the approximately 20 acre parcel that was previously in agriculture, to a plant community that closely resembles what would have existed during in pre -settlement times — Mesic Tallgrass Prairie. A future goal might be the introduction of oak trees as a means of establishing areas of Oak Savanna, another ecosystem that existed in the area prior to settlement. The prairie landscape of the Midwest was once one of our continent's most diverse ecosystems. Today, less than one percent of Minnesota's tallgrass prairie remains. This project will provide for a significant expanse of tallgrass prairie to be enjoyed by the Lake Elmo community and improved habitat for area wildlife. The prairie restoration process includes seed bed preparation, seed installation, mulching, sensibly applied herbicide applications to control invasive species, mowing and burning. A seed mix will be used that is comprised of the species that are believed to be native to the local area. The seed will originate from the same ecoregion or in counties that adjoin this ecoregion. Both the installation and subsequent management of the prairie will be based on sound and well -found ecological principles. The restoration project also includes the planting of 3,000 seedling plants. These seedlings will be planted in visible locations including at the prairie entrance, along paths and anticipated resting and viewing spots. While it will take about 5 years for the prairie to reach maturation, the planting of seedlings will provide a visual "jump start" to the prairie. Proposals were requested and received from 3 qualified prairie restoration contractors. Quotations for the prairie installation portion of the project were as follows: Applied Ecological Services: Prairie Restoration: Minnesota Native Landscapes: $32,130.00 $32,322.10 $31,700.00 In addition to Minnesota Native Landscape being lowest for the installation portion of the project, a review of unit pricing by task suggests that the Minnesota Native Landscapes provides page 2 -- City Council Meeting Prairie Restoration Services for Sunfish Lake Park May 18th, 2010 Consent Agenda Item # 6 the best value for ongoing management related services. Additionally, MNL offered the best guarantee with composition of the prairie consisting of at least 90% native cover of at least 25 native grasses and wildflowers by the end of year 5. If this is not achieved, MNL will be responsible for corrective action beyond 5 years. MNL's proposal includes an amendment that reflects 3 changes to the project. The first change is related to a slight change in suggested seeding techniques. The second change relates to the use of a of low -mow seed mix in the most northeast area of Area Two. This seed mix is being recommended so that a short -turf area will be available for informal play and picnicking from the project outset. The third change includes the use of a brillion seed mix along anticipated soft trails through the area. Mr. Rusty Schmidt, an ecologist and landscape architect with the Washington County Conservation District, advised the use of these seed mixes and assisted in the development of a plan detailing the seeding/seedling boundaries and trail placement. Trail placement is based on 1) enhanced views and park experiences 2) complimenting the existing trail system in Area One and 3) universal user/access issues. RECOMMENDATION: Based upon the above background info rnation and staff report, it is recommended that the City Council move to approve Resolution 2010-022 as part of tonight's Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate this recommendation prior to taking action. The Council may table this item at its discretion, take no action (in essence denying the recommendation), or amend the recommended action. If the later is done so, the appropriate action of the Council following such discussion would be: "Move to award a contract to Minnesota Native Landscapes .for prairie restoration and management services at Sunfish Lake Park, as amended at tonight's meeting". ATTACHMENTS: A. Sunfish Lake Park Area 2 Concept Plan 2/16/2010 B. Contract Documents Agreement Aerial Photography Map of Sunfish Lake Park Property Map of Sunfish Lake Park Conceptual Trail layout Seed Sourcing Guidelines MNL proposal, dated 1/12/2010 MNL amendment to proposal, dated 5/13/2010 page 3 City Council Meeting Prairie Restoration Services for Sunfish Lake Park May 18th, 2010 Consent Agenda Item # 6 ORDER OF BUSINESS (if removed from Consent Agenda): ....... .......... ...... ....... Bruce Messelt, City Administrator Report/Presentation ........ • ............... ...... City Staff, Park Commission Call for Motion Mayor & City Council Discussion Mayor Facilitates Action on Motion ........... .......... ............ ......... ........... Mayor Facilitates page4 Sunfish Lake Park Area 2 Concep Prairie / Oak Savanna restoration area Native planting / interpretive area Year-round recreational area - short turf areas that accommodate facilities amenities that support informal active play / skating /picnicking, etc. Area identified for activities / placement of amenities requiring level terrain Plan - Update fo3/]6J10Council Meeting . 77Parking area Soft trail ADAcompliant hard surfac trail Note Actual trail location /configuration tobebased ontopography, enhanced views, available screening, universal access, AGREEMENT AGREEMENT made this 18th day of May, 2010, between the CITY OF LAKE ELMO, a Minnesota municipal corporation ("City"), and Minnesota Native Landscapes, Inc., a corporation organized and existing under the laws of the State of Minnesota("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Conceptual trail layout dated 5/13/10; Aerial Photography Map of Sunfish Lake Park; Property Map of Sunfish Lake Park C. Seed Sourcing Guidelines D. Proposal, dated 1/12/2010; Amendment to proposal, dated 5/13/2010. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document "A" has the first priority and Contract Document "D" has the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. The City shall pay the Contractor a sum not to exceed $36,540.10 inclusive of sales tax, for completion of the work associated with a prairie installation in accordance with the Contract Documents and the City shall pay the Contractor in accordance with unit pricing outlined in Exhibit D for prairie management services as deemed necessary and authorized by the City over the 5 year prairie establishment period. 4. ASSIGNMENT. Contractor may not assign, sublet, or transfer any interest or obligation in this Agreement without the prior written consent of the City, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. PAYMENT. A. All invoices should be sent to the City for payment. Contractor may submit an invoice for work completed and accepted by the City following successful seed installation and establishment, and may submit an invoices on a monthly basis for management services authorized, completed and accepted by the City. 8. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 9. WORKER'S COMPENSATION. Contractor shall obtain and maintain for the duration of this Agreement, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 10. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of this Agreement, with the City included as an additional name insured. Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence 2,000,000 aggregate, products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: 2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: S2,000,000 aggregate Comprehensive Automobile Liability (owned, non -owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 12. WARRANTY. Contractor shall be responsible for any and all defects in workmanship, materials, and equipment that may develop in any part of the contracted service or materials, and upon notification by the City shall immediately replace, without cost to the City, any such defective or unworkmanlike labor or materials. 2 13. INDEMNITY. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, City's officer, directors, consultants, agents and employees harmless from all claims for bodily injury and property damage that may arise from the performance or attributed to such negligent or intentional acts or omissions by Contractor, subcontractors or attributed to such acts or omissions by Contractor, subcontractors or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. Contractor shall not be required to defend, indemnify or hold harmless City or others retained by the City for any acts, omissions or negligence of the City or others retained by the City. 14. NOTICE AND TERMINATION FOR DEFAULT If the Contractor refuses or persistently fails to supply enough properly skilled workers, proper materials, and/or equipment, or fails to make prompt payment to its workers, subcontractors or suppliers, disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or is otherwise guilty of a material breach of a provision of the Contract, the Contractor may be deemed in default. If, within seven (7) days of receipt of a notice to cure, the Contractor fails to commence and satisfactorily continue correction of the default set forth in the notice to cure, the City may notify the Contractor that it intends to terminate this Contract for default absent appropriate corrective action within seven (7) additional days. After the expiration of the additional seven (7) day period, the City may terminate this Agreement by written notice absent appropriate corrective action. Termination for default is in addition to any other remedies available to City. 15. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Agreement by either party, whether of the same or any other covenant, condition, or obligation. 16. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Agreement. 17. SEVERABILITY. If any provision, term, or condition of this Agreement is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Agreement, unless such invalid or unenforceable provision, term, or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties' entire agreement. 18. ENTIRE AGREEMENT. This Agreement represents the entire agreement of the parties and is a final, complete, and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITYOF LAKE ELMO CONTRACTOR By: Dean Johnston Mayor By: Bruce A. Messelt Administrator .(Contractor Name) By: Its 4 85 Map Resource Information ProteoWI Prop.ly Section Lines crasind by 7,4nam8aky GIS Scaic.e4Inc. AJI data overlaid Xri3 Farm •Mee ?koerrof 'floe Gala Aerial plrgc570. Matz 8 labeled coo.dirraws nc .ton oft UTat. ZoneI MAW Users of this rnop otrree ane a cancoiectge8ICcflcncn55 GIS Services Inc and the tiiinnota Lend Trunteannollia held Roble for accuracy of GIS naated'ai provided. GIs materials sliouid not be tailed upon fro oitabFah 14pro ttk-, bOoMeni Mee. or locations of improaements. Aerial Photography Map S07000 508500 Site: Stthfish Park - Tract City of Lake Elmo hington County - TWp. 29 N Kng. 21 W Sec. 10, 14 & 1 Scale: 1" = 1,000' 1.000, .500 s 1,000 Feet y• / Section 11 Section 14 \ t•i • / / r -- . '... Legeinl, r'''' ' ' ' .. . / 1 ..';.4.1.1. Prgtc*i(j Property;- - ''' !•.S'OG-Elan Lit;e:s....,., ' , - ''- • '.' 4..4.r,`.,. .,,t1;*4-iit+4isrlcOri Lit* •• '', , ' i / ` ... a:: . pulligilg$. . '•::.-.'.-'••-'.. ' ',:-'•:,. ,..., F-*•:4"--"Ditie:yao and .Minor Rods: - " ....... ' .... : - • y',..:, -, •.. , 1bft 0cintours:;.• Rrrde§Aree . cerc,ryetetLariO: : . Gr4bstettti4 • : ;.; Forested W0lieede : Weter':. • tav Created; October 2008 3.‘ `'• "' t; • •1111- LitL p Resource inforrriation—•, PreW0ed itrcifiddy,'Se-dtien iines, 'Area Ediindary • '. ne‘Yawayi tdebr Ittai.a..10•FaijtOortfours. Perkin§ kid, CaleViitid Ciatsf' atids, retests', Modlards, VtiltindS, yindtilater deatid bj .Cetareandy Servi-res Ind ' • ' / Users 0 this ;asps/01re and aekildAtedadthat darridi]atty,C15 terYkee lad. _ , arid the Mirreasoii Land Trt.rdardiiit held tfahliddr acarracy ai4is y4geef tit: WIt3 'idadded GIS rrtr lo11 rddAdi, ittteldIdt 1*1 ti!1e. beaddaty. cttt'rt?„'h'ttrr."' . • . e E 10. 14 15 rvlimmEso-rA800 400 0 S Feet Attachment C Attachment C: Seed Sourcing Guidelines (ADAPTED FROM THE BOARD OF If-ATER AND SOIL RESOURCES GUIDELINES) Intent: The information in this fact sheet summarizes guidelines for native seed origin and use. Consistent with the Environmental and Natural Resources Trust Fund legislation, projects are required to use local sources of seed and strive for diversity levels that will provide high levels of ecological function. Ecological Restoration/Habitat Projects: Projects should focus on using high levels of diversity to promote native community stability and function, benefits to multiple wildlife species and to prevent establishment of invasive species. The NRCS 643 Practice Standard, "Restoration and Management of Rare and Declining Habitats" can be used as guidance for ecological restoration/habitat projects. The standard provides guidelines for project planning, implementation and maintenance. Seed Source: To the extent possible, seed must be obtained from as close to the project site as possible with an emphasis on obtaining seed from the local eco-type region, The Minnesota DNR map: "County Landscape Groupings Based on Ecological Subsections" (FITTP://WWW.DINRSTATEMN.USiECO/PUBS MAPS.HTML) can be used as a guide for selecting seed from local eco-type regions, The map shows the general grouping of counties that have eco-type similarities, Projects near a state border can use seed from the adjoining state as long as the eco-type conditions in the adjoining state are similar to the project location, Yellow Tag Seed: When available, source identified (Yellow tag) seed through the Minnesota Crop Improvement Association (MCIA) shall be used over non -Source ID seed. See the following website for a survey of yellow tag seed availability: htto://www.mncia.ord/, Flexibility regarding the use of yellow tag seed can be granted by local staff when appropriate, such as when seed from locarremnant communities will be used for a project, or the available yellow tag seed is not of a local source. Native CultivarNariety Use: The first priority for seed should be that which comes.from as close to the project site as possible and has not been intentionally selected for traits such as height, aggressiveness and color. If the original collection sites used for the development of a variety were from areas local to the project site, then the variety may be appropriate for a project, Protecting Existing Native Prairies and Seed Production Areas: Remnant prairies and seed production areas should be protected from non -local sources of seed. Cultivars and varieties of native species should not be used next to these areas to limit genetic influences. A buffer distance of one -quarter mile is recommended. Experienced resource professionals should be involved in seed selection and management planning when working in or near remnant prairies, Seed Labeling: All seed shall be supplied as pure -live seed (PLS) and conform to State seed requirements for noxious weed content and State labeling requirements. The county of origin should be listed on the seed tag for all species in a mix to provide verification of seed source. Information about individual components in a mix is required for all species, including those that constitute less than 5 % of the total mix. CITY OF LAKE ELMO REQUEST FOR PROPOSALS (RFP) Sunfish Lake Park Prairie Restoration - - Lake Elmo Minnesota Due January. 12, 2010 Project Specific Information Project Overview and Goal The City of Lake Elmo is requesting proposals for a project to establish tall -grass prairie vegetation on approximately 20 acres at Sunfish Lake Park in Lake Elmo. The 284 acre park has recently been placed in conservation easement with the easement calling for these 20 acres to be restored to a native plant community. The target plant community is mesic prairie, the plant community that likely existed on the level and gently rolling landscapes of the Lake Elmo area prior to settlement. For the past several years, the project site was in agriculture. The site was last planted in wheat during the summer of '09. The eastern edge of the site, located between the cropped fields and the drive into the park, appears to be remnant prairie which may provide some insight as to some of the plant species native to the site. The City has secured a Minnesota DNR Metro Greenways grant for the project with an agreement expiration date of June 30, 2011. Project requirements set forth by the Minnesota Department of Natural Resources include the foliowing: 1) The restoration must utilize seeds and plants only of native ecotypes to Minnesota and preferably of the local ecotype using a high diversity of species originating as close to the restoration site as possible. 2) The project must have an ecological restoration and management plan that is consistent with the highest quality conservation and ecological goals for the restoration site. The plan should give consideration to factors such as soil, topography, geology, and other relevant factors that would provide for the best chance of long-term success of the restoration. The plan should include a timetable for implementing the restoration, including identifying long-term maintenance and management needs. As a cost savings measure, and in the interest of good stewardship, the City desires to utilize its Parks / Public Works staff and community volunteers for limited restoration and management activities. The City's current plan includes the planting of 3,000 seedlings. While the successful proposer would provide the seedlings, volunteers would likely plant them. City crews are capable of mowing the site when directed to do so. Scope of Work and Deliverables The selected contractor must have expertise in native plants and a proven track record in native plant restorations and vegetation management. The selected contractor will provide a 5 year native vegetation establishment plan to include site preparation, seeding, and maintenance as well as implementation of selected activities planned and scheduled through June 30, 2011. The plan should include field preparations, seeding techniques, control of invasives, and maintenance such as prescribed burns during the 5 year establishment period. The work tasks carried out during the grant eligible period may include: • Spraying the existing vegetation with a second spraying of re -growth, If needed • Prairie seeding, use of trillion prairie drill preferred • Mowing two or three times during the first growing seasons, and as needed based on weed competition (likely conducted by City's P&PW staff) • Spot herbicide applications on patches of invasives • Planting of 3,000 seedlings ((ikely planted by community volunteers) The above work items are listed as an example. The details of project design, native vegetation establishment plan, and their implementation will be determined by the selected proposer. However, the final native planting must meet the quality standards of the Minnesota DNR. Project Management • The selected contractor will participate in a project kick-off meeting to establish a project schedule and communication strategy. • Communicate with city staff and keep the project on schedule. • Prepare for and participate in periodic site reviews at key points in the project, • Keep a project journal and records to track work and progress. • Secure Yellow Tag Certifications and other appropriate verification from the seed and seedling supplier • Participate in a community meeting with interested and/or involved citizens, park commissioners and city council members. Project Constraints Responders should consider the following issues when formulating seed mixes and seedlings for this project: • Genetic origins of species used and their proximity to the project locale, and Yellow Tag Certification of seed sources • Diversity of seed mixes • Appropriateness of species used in terms of local site conditions and their native range in Minnesota • Percent composition of seed mixes in terms of cool season grasses, warm season grasses, legumes, and other forbs Schedule Work is proposed to start in the spring of 2010 and carry on for approximately five growing seasons until the prairie is sustainable. The selected contractor will prepare an appropriate schedule, including site preparation, seeding, maintenance activities, etc. Proposal Content Please include the following information in your proposal: 1. Responder's company name, business address, the contact person's name, telephone number, fax number and email address (as available). 2. A statement of the objectives, goals and tasks to show or demonstrate the responder's view of the nature of the project. 3. A description of the proposed project approach and methodology to be utilized and deliverables to be provided by the responder, and a description of the proposed project management techniques. 4. A detailed description of the responder's background and experience with similar work. This must include three examples of similar work within the past eight years, including contact information to serve as a reference. The City may solicit additional references as well. Also include the names of key personnel who will be assigned to the project, their area of responsibility and a statement regarding the responder's ability to conduct monitoring and time -sensitive work in the project locale. 5. A work plan identifying the major tasks to be accomplished. This should include an estimated schedule for site preparation, seeding, and maintenance activities. The plan must also include details on the seed mixes to be used, the genetic origins of the species used, and the areas of the Project where they will be applied. 6. A proposed guarantee of the establishment of a diverse and thriving native planting up to the point possible in a five year time period. 7, The responder must include project costs along with the following: • A breakout of the hours by task and associated cost for each restoration / management activity along with an anticipated schedule of the activities. • A breakout of provided materials (ie. seeds, seedlings) along with the proposed source of seeds and seedlings. This should include a proposed species list, rationale and resources utilized in developing the species list. • While the grant has an expiration date of June 30, 2011, please submit a 5- year restoration / management plan. Attachments to this RFP: • Attachment A — Aerial map of the restoration project area • Attachment B — Sunfish Lake Park map Proposal Evaluation Representatives of the City will evaluate all responses received by the deadline. An interview may be part of the evaluation process. The city reserves the right to accept or reject any part, or the total of proposals submitted. Proposals will be evaluated on a "best value" basis with consideration of qualifications and cost. Proposal Submittal — Due by 4:00 p.m. Tuesday, January 12, 2010. All proposals must be sent to: Carol Kriegler, Project Assistant City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Proposals can be emailed to ckrieolerQlakeelmo.ora. Proposal Questions Responders who have any questions regarding this RFP may call or email Carol Kriegler at (651) 233-5406, ckriegler@lakeelmo.org nesota Native nciscapes January 12, 2009 Subnutted by: Jim Eckberg Ecologist Minnesota Native Landscapes, Inc. 8740 77th St NE Otsego, MN 55362 Ph: 763-295-0010 Fax: 763-295-0025 Mobile: 612-490-5050 www.mnnativelandsc an es. co m email: Jim@MnN ativeL a nd scapes.co m Obiectives. Goals and Tasks: Sunfish Lake Park Prairie Restoration Minnesota Native Landscapes, Inc. Sunfish Lake Park is a part of the Anoka Sand Plain Ecoregion, a landscape known for its mosaic of tallgrass prairie and deciduous forest. Prairie is native to Sunfish Lake Park. This is indicated by the 0.25 acre remnant prairie adjacent to the visitor parking lot. At least 11 species of grasses and forbs are present in this remnant community. lt is the goal of the City of Lake Elmo to restore and expand this habitat to the adjacent 20 acre agricultural field. In doing so we would restore and expand a nationally endangered habitat that is locally degraded and rare at Sunfish Lake Park.. We would propose to prepare the seed bed, control erosion, and seed the prairie, as well as supply the seed and seedlings to establish 20 acres of mesic tallgrass prairie. Our seed originates from local sources in east -central Minnesota. This seed includes all of the same species present in the remnant prairie at Sunfish. Therefore, we would be expanding populations of native plants known to locally occur in this location. Minnesota Native Landscapes manages hundreds of established prairie. After installation of the prairie we propose to mow annual weeds, spray herbicide on noxious weeds, monitor the site for management problems and conduct two prescribed prairie fires in the first five years after installation. 2 Proiect Approach and Methodolosv: Installation: Site characteristics and history are crucial to consider when planning a restoration, The history of agriculture on the restoration site will provide an advantage for prairie establislunent. It is likely that routine herbicide applications have occurred to control weeds over the past years. This will minimize the need to control weeds during the early stages of the restoration. We propose a single herbicide application in the spring to control weeds. If needed, we will perform a second spray approximately two weeks later. The light, sand -silt soil and topography make this site conducive to erosion. Caution will be exercised to minimize erosion. In particular, the site will be closely monitored so there is little delay between the eradication of weeds and subsequent prairie installation. After the initial control of weeds, the seed bed will be prepared, seeded, and disk anchored with straw mulch. Seed bed preparation involves harrowing or light tillage to homogenize the soil and plant debris and smooth -out any residual agricultural rows. Seeding will occur immediately after the soil bed is prepared. We will use a prairie trillion drill to seed all 20 acres. Finally, we will apply straw mulch (certified weed -free) at a rate of two tons per acre. We will disk anchor the mulch parallel to the contour lines. These "stubble" lines provide instant erosion control. One week after seeding, the cover crop (spring wheat/oats) begins germinating which provides more substantial erosion control. Once installation is complete, we recommend that the 3000 seedlings be installed by volunteers, Manaseinent: Rigorous long-term management is required to successfully establish native prairies. We propose to use a combination of mowing, spot herbicide treatments, and burning in the first five years of management, Recently seeded prairies are often invaded by annual and biennial weeds. Annual weeds will shade and out -compete the small and slower growing prairie plants. These weeds can be controlled with timely mow treatments which prevent weed seed production. We propose to conduct regular monitoring of the site, determine when and how much mowing should occur, and coordinate mowing with the City of Lake Elmo parks department. We think this approach will work well as long as specific recommendations (ie. Mowing height) are followed and mowing occurs within approximately 10 days of notification as conditions are highly dynamic. While annual/biennial weeds can be controlled through mowing, perennial noxious weeds require herbicide treatments. These weeds include Canada thistle, spotted knapweed, reed canary grass and smooth brotne. We propose to make regular site visits and spot spray noxious weeds before their populations expand. In the first two years (2010-2011) we propose four site visits and by the end of five years we expect to visit the site twice. During each visit, the entire 20 acres is to be walked by MNL employees (certified pesticide applicators) well -trained in identification of noxious weeds. Cool season non-native grasses (smooth brome) can also invade prairie restorations. Since these grasses continue growing in the fall, long after prairie plants are dormant, a late fall herbicide spray can be an effective method to control these grasses while minimizing effects on native grasses. We propose to include two late fall weed grass sprays in our methodology and budget, By the third year of a prairie restoration it is recommended to conduct a prescribed burn, Prairie fires promote native plants (particularly warm season grasses) over non-native species, enhance nutrient cycling, and destroy invading tree seedlings. We propose to conduct a burn in the third year and fifth year. Beyond five years we recommend burning the prairie every two to four years. For each burn, MNL obtains a DNR burn plan permit and City of Lake Elmo burn permit. Fire breaks are constructed by mowing the periphery (10 ft) of the prairie. A full burn crew will conduct the burn (6 employees), Our burn boss, Jake Janski, has successfully performed hundreds of prescribed burns throughout the twin cities and will lead the burns at Sunfish Lake Park, 4 Minnesota Native Landscanes- Background and Exuerience: Minnesota Native Landscapes, Inc (MNL) was founded in 1998 as a company that specializes in the restoration of native plant communities. We have experience in the restoration of over 500 prairie, forest and wetland sites. MNL has installed thousands of acres of prairie and wetlands throughout the state and currently manages nearly 1500 acres annually. Each prairie installation has unique site characteristics and logistical obstacles. Skilled, experienced operators are required to adequately prepare the seed bed, install native seed, and disk anchor straw mulch. Dan Marks and Joe Schaffer have a combined 20 years experience in the installation of prairies. Either Dan or Joe will be responsible for the initial installation. Prairie management is intensive and MNL's management supervisor, Jake Janski, has over eight years experience in managing prairies and corresponding with clients. Jake will lead all prescribed burns at Lake Elmo, Jake's assistant, Chris Hoye, will direct crews and daily operations at Sunfish Lake Park. Chris has managed prairies and led work crews for over four years. Chris and Jake work together to monitor sites and perform management activities. The success of initial seedings, mowings, burning and herbicide treatments are highly sensitive to time, MNL has performed hundreds of restoration and worked efficiently under time/seasonal constraints to successfully establish prairies. Monitoring is a critical component of carefully timed management and is at the center of our approach to restoration. Assigned Personnel: Joe Schaffer- President/Operations Manager (Installation) Qualifications: Education: Joe holds a B.S. in Wildlife Biology from Iowa State University. Certifications: Certified Professional in Erosion and Sediment Control, MDA Certified Pesticide Applicator (Categories A & E), Certified MnDOT Landscape Specialist. Experience: Joe has over 15 years of extensive experience involving all aspects of the ecological restoration industry. As the founder of MNL and the current operations manager of its Restoration Installation Division, he has been involved with hundreds of restoration projects all over the upper Midwest and has vast experience in consultation, design, project management, installation and land management. Dan Marks- Mechanic/ Operator (Installation) Qualifications: Education: Dan holds a degree as an Automotive Technician from Dunwoody Institute Certifications: ASE Certified Mechanic, Certified MnDOT Vehicle Inspector, MDA Certified Pesticide Applicators License (Categories. A & E) Experience: Dan has ten years experience as an MNL equipment operator, company mechanic and has performed all functions of ecological restoration projects. Jake Janski- Land Management Supervisor (Management + Monitoring) Qualifications: Education: Jake holds a B.S. in Biology and Minors in Chemistry and Environmental Studies from the University of Minnesota -Duluth. Certifications: MN Department of Agriculture (MDA) Certified Pesticide Applicators License (Categories A, E & J), ISA Certified Arborist, Advanced Wildland Firefighter Training -Ignition Operations (5-234), Experience: Jake has supervised the Land Management Division at MNL for more than six years and has extensive experience in managing an array of 5 native plant communities. His years of field experience conducting winter woody plant identification, selective invasive species control on a wide range of landscapes and ecologically based land management planning and practices will provide the necessary understanding to oversee this project. Chris Hoye- Land Management Assistant (Management + Monitoring) Qualifications: Education: Chris hold a B.A. in Environmental Studies with an Economic Minor from St, John's University Certifications: MDA Certified Pesticide Applicators License (Categories, A & E), Wildland Firefighter Training (5-130/190) Experience: Chris has been a member and leader in MNL's Land Management Division for three seasons. Chris has managed field crews as well as numerous ecosystem types throughout the state, including numerous woodland and forest areas. Jim Eckberg- Ecologist (Monitoring + Correspondence) Qualifications: Education: Jim holds a B.A. in Biology from Gustavus Adolphus College and an_,M.S. in Ecology from the University of Nebraska- Lincoln. Experience: Jim has over nine field -season's experience in identification of native plant species in upper Midwest ecosystems. Jim has conducted numerous studies on plant ecology as it relates to restoration of native plant communities and the control of non-native species. To date, Jim has published three peer -reviewed studies on plant ecology (including papers in Ecology and Ecological Restoration). Work Examples: Project: Wild Meadows Development Customer: Wild Meadows Home Owners Association Contact: Ken Anderson Contact Number: (612) 723-2816 Scope of Work: MNL is managing and restoring over 100 acres of prairie and 80 acres of woodland at Wild Meadows Development in Medina, MN. This site was formerly managed by another restoration firm. The quality of the prairie was low at first. Through a combination of burning, herbicide treatments, reseeding, and mowing MNL is greatly improving the amount of native cover at Wild Meadows. A full report on the natural areas of Wild Meadows and MNL's restoration efforts was produced in December 2009 and can be provided upon request. Project: Minnesota's Prairie Passage Customer: Minnesota Department of Transportation Contact: Ken Graeve Contact Number: (651) 366-3613 Scope of Work: MNL is restoring a seven mile stretch of prairie along Interstate 90, MNL rigorously controlled the weeds on this project prior to seeding native plants. This project demonstrates our ability to design and establish ecologically appropriate prairie seed mixes. MNL designed three separate seed mixes appropriate for the different areas of the project (wet, mesic and dry). We obtained seed from source verified locations within 100 miles of the project. In total, MNL has installed 150 acres of prairie, 6 Project: Locust Hills Residential Development Customer: Bancor Group Contact: Paul Robinson Contact Number: (612) 791-7080 Scone of Work: The project consists of restoring a network of prairie, woodland and wetland areas on a 69 acre low impact private development on Grays Bay — Lake Minnetonka in Wayzata, MN. Installation and design alterations began in December 2006. Our work consists of design alterations, ecological consulting, native plant community soil prep, seeding/planting and land management. We worked meticulously to establish local native genotypes of native plants in ecologically appropriate location. In total, we restored approximately 8 acres of prairie, 5 acres of wetlands, and 50 acres of woodlands were restored. MNL was highly successful in establishing vegetation native to central Minnesota. 7 Work Plan (General Schedule of Events): Installation: We plan to conduct the herbicide application in late April 2010, The exact start time will depend on how quickly the weeds emerge in the spring. Two weeks following the spray, early May, we will evaluate the effect of the spray and the potential for a second spray. We anticipate a second herbicide application will not be needed. Therefore, seed bed preparation, seeding and disk anchoring straw mulch will occur in naid-May. Installation of 3000 seedlings should occur in late May, Management: In the first two years (2010-2011), we anticipate that mowing annual weeds and spraying noxious weeds will be the main foci. In 2010, we anticipate mowing in early July and late August. In 2011, it inay be necessary to mow once to twice. We will monitor the site and coordinate this activity with the parks department. To control perennial noxious MNL will use herbicides to spot treat the 20 acres, This will occur four times (2010-2011), three times (2012-2013), and two times (2014). Spot treatments will occur at regularly spaced intervals during the growing seasons. We propose to include two late fall weed grass herbicide treatments. Tentatively we plan these for October 2012 and 2014, By the third year, we anticipate that a prescribed burn will be necessary in early May 2012, The prairie will also be burned in the May 2014, Finally, regular site monitoring visits will occur in the May, July and August of each year (2010-2014). Year 1 Year 2 Year 3 Year 4 ' Year 5 Restoration Techniques (2010) (2011) (2012) (2013) (2014) Spot spray perennial weeds 4 4 3 3 2 Overspray non-native cool season grasses 0 0 1 0 1 Mow annual weeds 2 2 0 0 0 Burn 0 0 1 0 1 Monitoring visits 3 3 3 3 3 Seed Mix: Determination of Species List: We determined our list of species to plant at Sunfish Lake Park (see attached list) by considering the source, suitability and diversity of our seed mix. The most suitable species are those that are known to occur naturally at Sunfish Lake Park, We surveyed the native prairie grasses and wildflower species and located a 0.25 acre remnant prairie which contains at least 11 species of prairie grasses and wildflowers. This prairie is directly adjacent to the project site (see below). The species composition of this remnant reflects the historic prairie vegetation of this area and provides a list of 11 species that are native within feet of the project location (see attached list). Location of remnant prairie relative to project site To determine additional species to include we considered only species that match the soil conditions and topography, and are documented as native in Washington County. First, the sail is a well -draining silty -loam. Each species we selected is adapted to this soil type, deemed mesic. Second, we used a list compiled by the Minnesota DNR on native species in Washington County. This list was obtained from Jason Garms (Prairie State Biologist) and represents the latest information on the native range of prairie plant species. Third, we ensured that our list of species has high functional diversity in that species broadly represent different plant forms including legumes, cool season grasses, warm grasses and non -leguminous forbs. Finally, we selected a suite of species that flower throughout the growing season and exhibit different colors and heights. The species list is included as a separate document, Genetic Origins: Selecting local genotypes is important to ensuring that prairie plants will be locally adapted to the site conditions, All seed that we selected originates from known locations (indicated in the attached list). Many of the origins of these seeds have been yellow tag certified. As a whole, all 9 seed originated within Minnesota. The majority of seed originated within 50 miles of the Sunfish Lake and all seed is within 100 miles. It is important to note.that we produce or purchase these seeds on a regular basis but do not currently hold all seeds on the list. It is possible, though unlikely, that some substitutions would be made. If a substitution is needed, we will use the same approach for seed and species selection and we will notify the city before 30 days of the start of the project, Seed Composition: In total, our seed mixture contains 8 species of grasses and 26 species of wildflowers. This list includes all species known to occur at Sunfish Lake Park and only species native to Washington County. Also, all seed originates within 100 miles and most seed is within 50 miles of Sunfish Park, Over 110 seeds will be planted per square foot, This high seeding rate will ensure faster establishment and more native cover. Based on the seed mix, we recommend a list and provide the origins for 3,000 seedlings. Planting seedlings will augment the plant populations started from seed. Seedlings will be planted along the border of the largest parcel and be in areas of high visibility. Seedlings of the same species will be planted in clusters to enhance the aesthetics of the restoration. 10 Five Year Guarantee: By the end of year 5, we guarantee that the composition of prairie plants will consist of at least 90% native cover. We also guarantee that the prairie will consist of at least 25 species of native grasses and wildflowers. If this is not achieved, IvINL will be responsible for taking corrective action beyond five years. 11 Quote for Installing 20 acre of prairie at Sunfish Lake Park Lake Elmo, MN item Units Qty Unit Price Total Price Initial herbicide treatment acre 20 $150 $3,000 Seed bed preparation, seed mix and seed installation acre 20 $950 S19,000 Straw mulch and disc anchor (2 tons/ acre) acre 20 $350 $7,000 Seedlings each 3000 $0.90 $2,700 Total Amount: $31,700 Notes: 1. This quote assumes the area to be seeding will wheat prior to seeding. 2. This quote does not include the removal or disposal of any construction debris, 3. This quote does not include any soil amendments. 4. This quote assumes that all seedlings will be planted by city employees or volunteers. 12 Quote for Management of 20 acre Mesic Prairie for First Five Years at Sunfish Lake Park. Lake Elmo. MN Item Control invasive species with herbicide Mow annual weeds Fall grass overspray Monitoring Bum Unit Qty Unit Price Sprays 16 $1,000 Mows 4 $2,050 Sprays 2 $1,500 Visit 15 $75 Burn 2 $3,000 Total Amount: Total Price $16,000 $0 $3,000 $1,125 $6,000 $26,125 Notes: 1. Each task will be billed as it is completed. Therefore, if any tasks are deemed unnecessary due to changing circumstances it would not be billed. 13 Mannement Schedule and Hours: A schedule of management tasks and time per task is provided as an excel file. It is important to note that different tasks have different costs due to equipment and material use. For example, grass over sprays requires a tractor and boom sprayer whereas spot sprays are conducted with back -pack sprayers. Thank you for your consideration of Minnesota Native Landscapes, Inc. for this important and exciting project, MNL hopes to have the opportunity to prove our qualifications and expertise at Sunfish Lake Park 14 Type and Frequency of Management Year 1 (2010) Year 2 (2011) Spot spray perennial weeds 4 4 Fall weedy grass treatments 0 0 Mow Annual weeds 2 2 Monitoring visits 3 3 Burn 0 0 Time and Cost Per Activity Spot spray perennial weeds Fall weedy grass treatments Mow Annual weeds Burn Monitoring visits Hours Cost Per Event ($) 12.5 1000 12.5 1500 0 0 36 3000 1 75 Year 3.(2012) Year 4 (2013) 3 1 0 3 1 3 0 0 3 0 Cost Year 1 (2010) Year 2 (2011) Year 3 (2012) Year 4 (2013) Spot spray perennial weeds 4000 4000 3000 3000 Fall weedy grass treatments 0 0 1500 0 Mow Annual weeds 0 0 0 0 Monitoring visits 225 225 225 225 Burn 0 0 3000 0 Year 5 (2014) 2 1 0 3 1 Year 5 (2014) 2000 1500 0 225 3000 Total Cost 26125 Sunfish Lake Park Minnesota Native ncisoapes NE, Oise9o, MN 55562 Scientific Name Andropogon gerardii Bouteloua curtipendula Bromus kelmii Elymus canadensis Koeleria macrantha Schizachyrlum scoparium Sorghastrum nutans Sporobolus beterolepsis Scientific Name AchIllee rnillefollum Agastache foeniculumn Aliium stellatum Amorpha canescens Asclepias tuberose Aster azureus Aster eficoides Aster laevis Aster oblongffoliu.s Aster sericeus Coreopsis peimeta Dalea purpureurn Desmodiurn cenadensis Halloos's holianthoides Lespedeza capitate Lietris aspera Monarde fistulose Penstemon grandifiorus Potentille arguta Ratibida pinnate Rudbeckla hirta Silphium laciniatum Solidago rigida SoWag° speciosa Verbena strIcta Veronicastrum virginicum Common Name Big Bluestein Side Oats Grama Prairie Brome Canada Wild Rye June Grass Little Bluestem Indian Grass Prairie Dropseed Common Name Yarrow Fragrant Giant Hyssop Prairie Onion Leadplant Butterfly Milkweed Sky Blue Aster Heath Aster Smooth Blue Aster Aromatic Aster Silky Aster Prairie Coreopsls Purple Prairie Clover Canada Tick Trefoil Common Ox-Eye Round -headed Bushclover Rough Blazing Star Wild Bergamot Large -Flowered Beard tongue Prairie Cinquefoil Yellow Coneflower Black Eyed Susan Compass Plant Stiff Goldenrod Showy Goldenrod Hoary Vervain Culver's Root Genetic Origin/ Variety Benton Co, MN Sherbume Co. MN Dakota Co, MN Benton Co. MN Benton Co. MN Sherburne Co. MN Benton(Sherbume Co. MN Steele Co, MN Genetic Origin/ Variety Washington Co. MN McLeod Co. MN McLeod Co. MN McLeod Co. MN McLeod Co. MN Rice Co. MN Rice Co. MN Dakota Co, MN Rice Co. MN Dakota Co. MN Dakota Co, MN McLeod Co. MN McLeod Co, MN McLeod Co. MN Dakota Co. MN Rice Co. MN McLeod Co. MN Sherburne Co. MN Sherburne Co. MN McLeod Co. MN Rice Co. MN Faribault Co. MN McLeod Co. MN Dakota Co. MN Rice Co. MN Benton Co. MN Documented at Sunfish Lake Park Yes Yes Yes Documented at Sunfish Lake Park Yes Yes Yes Yes Yes Yes Yes Yes Documented in Washington County Yes Yes Yes Yes Yes Yes Yes Yes 20.00 total acres 12.00 pis Ibs per acre 240.00 PLS pound seeds Seeds per Yellow native PLS# per oz sett Tag 24.00 57.60 10,000 10.58 16.00 38,40 6,000 4,23 Yes 3.00 7.20 8,000 1.06 Yes 10.00 24,00 5,200 2,29 Yes 2.00 4.80 200,000 17.63 Yes 22.00 52.80 15,000 14.55 22.00 52.80 12,000 11.64 Yes 1.00 2,40 16,000 0.71 100.00 240.00 62.68 20.00 total acres 3.00 pis Ibs per acre 60.00 PLS pound Documented in seeds Washington % Seeds per County native PLS# per oz soft Yes 5.00 3.00 178,000 9.81 Yes 3.00 1.80 90,000 2.98 Yes 1.60 0.90 11,000 0.18 Yes 1.50 0.90 16,000 0,26 Yes 3.00 1.80 4,300 0.14 Yes Yes 2.00 1.20 80,000 1.76 Yes 1.00 0.60 200,000 2,20 Yes 2.00 1.20 55,000 1.21 Yes Yes 1.00 0.60 61,000 0.56 Yes 2.00 1.20 26,000 0.57 Yes 4.50 2.70 10,000 0.50 Yes Yes 10.00 6.00 15,000 1.65 Yes Yes 4.00 2.40 5,500 0.24 Yes Yes 10,00 6.00 6,300 0,69 Yes Yes 10.00 6.00 8,000 0,88 Yes 2.00 1.20 16,000 0.35 Yes 4.50 2.70 70,000 3.47 Yes Yes 3.00 1.80 14,000 0.46 Yes 2.00 1.20 230,000 5,07 Yes Yes 8,00 4.80 30,000 2.64 Yes 5.00 3.00 92,000 5.07 Yes 3.00 1.80 660 0.02 Yes 6.50 3,30 41,000 2.48 Yes Yes 2.00 1.20 95,000 2.09 Yes 4,00 2.40 28,000 1.23 Yes 0.60 0.30 800,000 4.41 100.00 60.00 5096 Yellow Tag 113.84 Sunfish Lake Park e ata Prairie Restoration Minnesota Native Landscapes, Inc 5C pes Addendum to January 12, 2010 Restoration Plan May 13, 2010 Submitted by: Jim Eckberg Ecologist Minnesota Native Landscapes, Inc, 8740 77th St NE Otsego, MN 55362 Ph: 763-295-0010 Fax: 763-295-0025 Mobile: 612-490-5050 www.rnnnativelandscanes.com email: Jim@MnNativeLandscapes.com This document provides additional prices and modifications in response to changes to the Sunfish Lake Park restoration plan as recommended by the City of Lake Elmo and Washington County Conservation District. 1. Area Calculation: The size of the total restoration was reduced relative to the original RFP. Minnesota Native Landscapes calculated the size of the project areas using Google Earth (measurement tool) and produced the attached map. The total project area is estimated as 18.23 acres (17.8 acres of which will be prairie and 0.43 acres as a low -mow fescue). 2. Initial Herbicide Treatment: The herbicide treatment was authorized to be conducted on May 4, 2010. The per acre price for the herbicide treatment was authorized by the City of Lake Elmo as $200.00/acre. The total calculated,area sprayed was 18.23 acres. Total cost = $3,646.00 3 Low Mow Fescue area: Directly adjacent the parking lot has been designated as a recreational area. This area is approximately 0.43 acres (see attached map, red outline) The soil is fairly bumpy and will require smoothing to prepare it as a recreational area. We will smooth and prepare the soil to an acceptable seed bed, and seed a low -mow fescue mixture at a rate of 150 lb/acre. The area will be hydromulched to control erosion and improve aesthetics. Price = $2,200.00 4. Blue Grama path: We will the seed 5,280 linear feet (by 6 feet) path in the configuration designated by Washington County Conservation district. In total this area equals 0.73 acres. The path will be prepared and mulched differently from the rest of the prairie. This 2 adds complexity to the entire project. We will seed at a rate of 30 lbs/acre blue grama, 0.5 lb /acre path rush, and 1 lb/acre june grass. Price = 3,000.00 5. Tallgrass Prairie Restoration: The original bid called for 20 acres of prairie @ $950.00/acre = $19,000.00. The new area (after subtracting the path, low -mow fescue areas etc) is 17.07 acres. Seeding the prairie around the path adds complexity to the project as compared to the original RFP. Therefore, we have increased our per acre price by 10% ($1,045.00/ acre). The new price = $17,838.15. 6. Straw Mulch and Disk Anchor: The new area that will be mulched and disk anchored is 17.07 acres. We have increased the original price to $385/acre for the prairie to reflect increased complexity due to the path (=$6,571.95). The path will be mulched and disk anchored more intensively than the rest of the prairie, The rate for the path equals $800/acre, $584.00. Straw mulching may not be conducted on all area. MNL agrees to bill on these per acre rates and for only the area that is mulched. Summary of Final Prices: Installation Prices: Initial Herbicide Treatment (Completed May 4, 2010). „ .,........, $3,646.00 Low -Mow Fescue Area (0.43 acres) $2,200.00 Blue Grama Path (0.73 acres) $3,000.00 Tallgrass Prairie Restoration (17.07 acres) $17,838.15 Straw Mulch and Disc anchor (18.23 acres) total acres completed)...$7,155.95 Seedlings (3000, as in original proposal) $2,700.00 Total Installation Price $36,540.10 CITY OF LAKE! ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 5/18/2010 REGULAR ITEM #: 7 MOTION Resolution 2010-023 Conditional Use Permit Amendment: Consideration of an Application from ISD 834 for the Lake Elmo Elementary School to modify the rear parking lot on the North side of the building, to add a parking lot, to widen a private roadway from Laverne Avenue North, and to add two portable classrooms and a hallway at 11030 Stillwater Boulevard North — P1D' s: 13-029-21-23-0001, 13-029-21-23-0002, 13-029-21-23-0003, 13-029-21- 22-0004, and 13-029-21-22-0001. Raymond Queener, ISD #834; Lake Elmo Elementary School Lake Elmo Planning Commission Kelli Matzek, City Planner Bruce Messe411 Kyle Klatt, Planning Difector SUMMARY AND ACTION REOUESTED: The City Council is asked to review and act upon a proposed Conditional Use Permit Amendment requested by Lake Elmo Elementary School, 11030 Stillwater Boulevard North. The proposed improvements on the North side of the building include the relocation of the existing parking lot, an additional parking lot and parent drop off location, widening of the existing private road off of Laverne Avenue North, and the addition of an enclosed hallway and two portable classrooms to handle the existing student population. The unanimous recommendation of the Planning Commission is to approve the proposed Conditional Use Permit Amendment, as reflected in the following motion: SUGGES I ED MOTION: "Move to Approve Resolution 2010-023 Amending the Conditional Use Permit for the Lake Elmo Elementary School to add two portable classrooms, an enclosed hallway, an additional parking lot, and reconfiguration and expansion of the existing Northern parking lot, as reflected in the specific findings and recommendations of the Planning Commission." -- page 1 — City Council Meeting Lake Elmo Elementary School; CUP Amendment May 18th, 2010 Regular Agenda Item #7 BACKGROUND INFORMATION: The Applicant is proposing to reconfigure the existing northern parking lot both in location and size. The proposed 40-stall parking lot would no longer run,parallel to the property line, but instead would be built in a north/south configuration off the existing entrance road from Laverne Avenue North. In addition, a separate 19-stall parking lot is also proposed for the North side of the school. The additional parking stalls are intended to serve both staff and as overflow parking during special events at the school. The parking lots, in addition to the widening of the existing private roadway off of Laverne Avenue North, are to accommodate a new parent drop off area at the rear (North side) of the school. This relocated parent drop off location is one of the long-term improvements identified by a working group in 2007 to address traffic concerns around the school. The second alteration to the site is the proposed addition of two portable/temporary classrooms and an enclosed hallway connecting to the existing school building. The portable classrooms were previously allowed on this site to address student population growth, but have since been removed due to a decline in enrollment. The school is proposing to again add two portable classrooms to accommodate the need for classroom space as the student population has returned to previous levels but has also outgrown existing classroom facilities, as some existing classrooms are utilized for specialized low student -teacher ratio programs and needs. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously supported the applicant's requested Conditional Use Permit Amendment, with one additional condition of approval. The commission recommended adding the condition that the school and the City of Lake Elmo write a joint letter to Washington County requesting consideration of "No Parking" signs on County Road 17 for at least the length of the school property. The additional condition has been added to the proposed approval resolution. The findings and conditions of approval are attached in a draft Resolution for Council consideration. STAFF REPORT: The attached Staff report from the Planning Department includes detailed information concerning the application and the review and recommendation concerning the application. The staff report also includes findings for approval with seventeen conditions. One of the original conditions of approval has been met by the applicant and is, therefore, removed from the list. In consideration of discussions between Planning Staff and the Fire Department regarding access concerns during an emergency, in combination with the discussion at the Planning Commission meeting, an additional condition of approval is being added to require one side of the private drive from Laverne Avenue be signed "No Parking." -- page 2 -- City Council Meeting Lake Elmo Elementary School; CUP Amendment May 18th, 2010 Regular Agenda Item #7 RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the Application by undertaking the following: "Move to Approve Resolution 2010-023 Amending the Conditional Use Permit for the Lake Elmo Elementary School to add two portable classrooms, an enclosed hallway, an additional parlcing lot, and reconfiguration and expansion of the existing Northern parking lot, as reflected in the specific findings and recommendations of the Planning Commission." Alternatively, the City Council may table action at tonight's meeting, though such action could negatively affect the proposed construction schedule. The City Council may also deny the application (findings offact for denial will need to be identified and recorded) or elect to amend the recommended action. If the latter, the suggested motion would be to: "Move to Approve Resolution 2010-023 Amending the Conditional Use Permit for the Lake Elmo Elementary School, as reflected in the specific findings and recommendations of the Planning Commission, and as amended at tonight's meeting." ATTACHMENTS: 1, Resolution 2010-023 2. StaffReport 3. Location Map 4. Review Letter from TKDA 5. Review Letter from Washington County with accompanying map 6. Review Letter from Lake Elmo Fire chief 7. Email Response from MnDOT 8. Materials Submitted by the Applicant SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... ........... ................ ................ ..... ...... City Administrator R ort/Presentation. ...... ............... ................... ........... Kelli Matzek, Planner Questions from Council to Staff Presentation/Response to Questions . Mayor Facilitates Mr. Dennis Bloom, ISD #834 Public Input, if Appropriate ............. .......... ........... Call for Motion Discussion ................. ..... ......... ...... ,........... Action on Motion ..... . ..... ......... . ......... . .... ..... Mayor Facilitates Mayor & City Council .... ..... Mayor & City Council .... .............. Mayor Facilitates -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-023 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR LAKE ELMO ELEMENTARY SCHOOL AT 11030 STILLWATER BOULEVARD NORTH TO ALLOW IMPROVEMENTS ON THE NORTH SIDE OF THE PROPERTY WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, ISD 834 and Lake Elmo Elementary School, 11030 Stillwater Boulevard North (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a conditional use permit amendment to allow the following improvements on the North side of the school building: modification and relocation of the rear parking lot, construction of an additional parking lot and parent drop off location, widening of the existing road off of Laverne Avenue North, and the addition of an enclosed hallway and two portable/temporary classrooms to handle the existing student population. A copy of the proposed plans are on file with the City; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.018; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on May 10, 2010; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a StaffMemorandum dated May 18, 2010; and WHEREAS, the City Council considered said matter at its May 18, 2010 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit (CUP) Amendment are found in the Lake Elmo Zoning Ordinance, Section 154.018. 2) That all the submission requirements of said 154.018 have been met by the Applicant. 3) That the proposed CUP Amendment is to allow the following improvements on the North side of the school building: modification and relocation of the rear parking lot, construction of an additional parking lot and parent drop off location, widening of the existing road off of Laverne Avenue North, and the addition of an enclosed hallway and two portable/temporary classrooms to handle the existing student population. 4) That the CUP Amendment will be for all five contiguous parcels owned by ISD 834 at: 13-029-21-23-0001, 13-029-21-23-0002, 13-029-21-23-0003, 13-029-21-22-0004, and 13-029-21-22-0001. 5) The proposed improvements will not negatively affect the health, safety, morals, convenience, or general welfare of surrounding lands. a. The two portable classrooms being proposed would improve the general welfare of the existing student body at the school as it would relieve the existing overcrowded classrooms, b. The proposed parking lot relocation, additional parking lot, and widening of the private access off of Laverne Avenue North would improve safety as vehicles that would previously park on County Road 17 would have additional parking opportunities on -site. c. The surrounding properties would be positively affected by the improvements as the stacking of vehicles along State Highway 5 during peak parent drop off and pick up times would be relocated to the school's private property and potentially onto Laverne Avenue North — a less traveled roadway. d. Additional signage off -site along State Highway 5, County Road 17, 39th Street, and Laverne Avenue North to assist in redirecting student drop off traffic would reduce or eliminate the impact to neighboring properties located along a private alleyway just North of the school. 6) The proposed improvements will not affect traffic or parking conditions. a. The two portable classrooms are intended to serve the existing student population and would not impact traffic or parking conditions. b. The parking lot relocation, additional parking lot, and widening of the private access off of Laverne Avenue North is intended to improve both traffic and parking conditions associated with the Lake Elmo Elementary School. The new drop off location on the North side of the school would relocate the stacking of vehicles from State Highway 5 onto the school's private property and potentially onto Laverne Avenue North, a less traveled public roadway. The additional parking stalls would accommodate additional vehicles for special events at the school which would otherwise park on busy roads such as County Road 17. 7) The proposed improvements will not have an effect on utility or school capacities. a. The two portable classrooms are intended to address the existing school student population as it is currently overwhelming the existing classroom space. b. The parking lot expansion and addition would not have an effect on school capacities or utilities. 8) The proposed improvements would have no effect on property values of surrounding lands. a. The improvements proposed would not have an effect on property values as there exists mature vegetative screening to the South. City Hall and a commercial building are located to the North of the property which would receive no negative impact on property values due to the proposed improvements. 9) The proposed improvements would be consistent with the Comprehensive Plan. a. The Lake Elmo Elementary School is located within the Village Area and is identified to remain as a public facilities site in which schools are a conditionally permitted use. The -proposed improvements would not change the use and would remain in conformance with the Comprehensive Plan. 10) No use may exceed a ratio of 3,0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive.' a. A septic system was designed for the school in 1992 by TKDA, an engineering firm. A design memorandum from that time identifies a maximum design flow of 9,000 gallons per day, which exceeds the requirement outlined in city code. The septic system is consistent with the design approved in 1992. The school is within the identified Village Area and is planned to connect to the sanitary sewer system in the future. The proposed improvements will not increase the capacity the system was designed for. 11) Direct access is provided to a public street classified by the Comprehensive Plan as a major collector or arterial, a. The school currently has access off of State Highway 5, County Road 17, and Laverne Avenue North which meets this requirement. CONCLUSIONS AND DECISION Based on the foregoing, the Applicants' application for a Conditional Use Permit Amendment is granted subject to the following conditions: 1. An acceptable stormwater maintenance agreement must be provided to the city. 2. A drainage and utility easement must be provided to the City of Lake Elmo up to the 100-Year Flood Elevation for each stormwater facility. 3. A Valley Branch Watershed District must be obtained. 4. A screening fence shall be installed to separate the proposed pond from the soccer field until such time as the proposed tree line grows in maturity and provides the necessary barrier. The fence shall meet the screening requirements in the fence code. 5. A construction fence shall be shown on the plans and installed to protect the existing drainfield areas to keep construction traffic from compacting the soil in these locations. 6. The school should address the concern of the projected student population reaching the maximum capacity for the septic system design as stated in the TKDA Design Memo from December 4, 1992, 7. The school should maintain the septic system per the original designs as identified on the Lake Elmo Elementary School Drainfield Plan dated 1/13/93. 8. The septic tank shall be pumped annually. 9. The temporary classrooms and enclosed hallway shall be sprinkled as required by the State Fire Marshall. 10. The school shall cooperate with the City of Lake Elmo to install a fire hydrant on the North side of the school property at the time a public water main is extended along County Road 17 by the Lake Elmo Elementary property. 11. A revised lighting plan must be submitted to comply with the requirements of the Lake Elmo City Code and as stated in the engineer's memos dated May 3, 2010, 12. A revised landscape plan must be submitted to comply with the requirements of the Lake Elmo City Code and the material substitution as identified by staff and in the report by TKDA. 13. The school shall work with the Minnesota Department of Transportation, Washington County, and the City of Lake Elmo to add directional and other appropriate signage directing traffic for the new designated drop off area for the school. The signage would be located on State Highway 5, County Road 17, 39th Street and Laverne Avenue North. 14. A construction schedule must be provided. 15. Haul routes and temporary storage and construction parking areas identified. 16. The School District will write a letter jointly with the City of Lake Elmo to Washington County requesting "No Parking" signs be added to County Road 17 for at least the length of the school's property. 17. The school post "No Parking Anytime" signs on the Northern (entrance) side of the roadway off of Laverne Avenue in order to ensure access for public safety vehicles. Passed and duly adopted this 18th day of May 2010 by the City Council of the City of Lake Elmo, Minnesota. Dean A. Johnston, Mayor ATTEST: Bruce Messelt, City Administrator City of Lake Elmo Planning Department Conditional Use Permit Amendment Request -To: City Council From: Kelli Matzek, CityPlanner Meeting Date: 5/18/10 Applicant: ISD 834 Lake Elmo Elementary School; Raymond Queener Owner: ISD 834 Location: 11030 Stillwater Blvd. Zoning: PF — Public and Quasi -Public Open Space/Public Facilities Introductory Information Application The City of Lake Elmo has received a request from the Lake Elmo Elementary School Summary: to allow improvements on the North side of the school site at 11030 Stillwater Boulevard North. The proposed improvements include the relocation of the existing parking lot, an additional parking lot and parent drop off location, widening the existing private road off of Laverne Avenue North, and the addition of a hallway and two portable classrooms to handle the existing student population. • Property The Lake Elmo Elementary School is somewhat unique in the City of Lake Elmo for a Information: number of reasons, and most importantly from a land use perspective, it has been in operation since before the City adopted a Zoning Ordinance to regulate such uses. City records for the school date back to the 1970's, prior to the establishment of city ordinances. The Lake Elmo Elementary School has expanded over time through a site plan review process as set in code. Because public and private schools are conditionally permitted uses in the PF zoning district, this will be reviewed as an amendment to a conditional use permit even though this process has not been used in the past. The school district owns five contiguous parcels for a total of 12.86 acres located primarily at the corner of State Highway 5 and Lake Elmo Avenue (County Road 17). The five properties function as a whole and historically the internal lot lines were not utilized for setback purposes. The current use of the property is for elementary school education with accessory uses such as parking lots and playground area. CUP Amendment Request,Lake Eirno Elementary Schooi City Council Report; 5-18-10 Applicable Section 154.063 PF — Public and Quasi -Public Open Space Codes: (B) Uses allowed by conditional use permit (5) Public and private schools (except licensed day care Section 154.018 Conditional Use Permits. (A) Grantirm/Denial. Outlines the general requirements for all conditionally permitted uses in Lake Elmo. (K) Amendment. In accordance with Section 154.018 K of the Zoning Ordinance, an amended conditional use may be administered in a manner similar to that required for a new permit. Section 154.095 Off -Street Parking. Contains the City's requirements for the general provisions and design and maintenance of off-street parking areas. The section of code includes landscaping, lighting, setbacks, size, signage, and various other requirements. Findings & General Site Overview Site Data: Lot Size: 12.86 acres (school building, playground, open area Existing Use: Elementary School Existing Zoning: PF — Public and Quasi -Public Facilities Property Identification Numbers (PID): 13-029-21-23-0001, 13-029-21-23-0002, 13- 029-21-23-0003, 13-029-21-22-0004, 13-029-21-22-0001 Application Review: Past Review In reviewing the file for this property, it appears that although schools are listed as conditionally permitted uses in the PF zoning district, the school has not been reviewed as such with past improvements at the site. With additions proposed throughout the past few decades, the applications were reviewed through the site plan review process. With this application, staff will be reviewing the proposed amendments to the site as a conditional use permit amendment and use the applicable criteria in the review. CUP Review: The applicant is requesting approval to relocate the existing parking lot on the North side of the property and add two stalls, construct an additional parking lot and parent drop off location, widen the existing private road off of Laverne Avenue North, and add a hallway and two portable classrooms to handle the existing student population. S:ILand theICCIPILE Elementary PM* Lot ExpICC - Rep Elem School CUP Amend 5-18-1 0.doc Page 2 CUP Amendment Request; .Lakt- Elmo Elementary School City Council &port; 5-1840 The purpose of the additional parking lot and reconfiguration of the existing parking lot is to provide adequate parking for staff during school hours and for parents during special events at the school, The reconfiguration of the existing North parking lot and the improvement to the private road is in conjunction with a long-term plan to address concerns regarding traffic safety on Highway 5. The objective is to provide parents with a drop off location on the North side of the school which will remove the stacking of vehicles from Highway 5 and relocate the vehicles to the private road off of Laverne Avenue North. The second component of the application is the addition of a hallway and two portable Classrooms, The portable classrooms were previously allowed on the site, but were removed when the student population decreased. This addition is intended to serve the existing student population as their existing facilities are no longer able to handle the student population. Parking Lot Relocation/Ex-pansion Existing Conditions The school currently has two parking lots, one which wraps around the south (near Hwy 5) and east side (near Co Rd 17) of the school and is proposed to remain as -is at this time. This parking lot has 63 stalls (3 of which are handicapped) and 15 parking stalls for buses. The second parking lot has 38-stalls and is located to the North of the school. This parking lot is accessed off a separate road connection to Laverne Avenue North, This parking lot has a pedestrian trail which passes the school's playground area and connects to the rear doors of the school. Proposed Expansion/Purpose The applicants are proposing to reconfigure this northern parking lot both in location and size. The proposed 40-stall parking lot would no longer run parallel to the south property line, but instead would be built in a north/south configuration off the existing entrance road. In addition, a separate 19-stall (2 of which are handicapped) parking lot is also proposed for the North side of the school. The additional parking stalls are intended to serve both staff and as overflow parking during special events at the school. The proposed improvements are to create a new parent drop off area at the rear (North side) of the school. This relocated parent drop offlocation is one of the long-term improvements identified by a working group in 2007 to address traffic concerns around the school, Parking Spaces Requirements 5:11,and 1.1seICUP4LE Elemeniany Parking 1..(n ExpleC - Rep Elena School CUP Amend 5-18-10.thic Page 3 CUP Amendment Request: Lake Elmo Elementary School City Council Report; 5-18-10 The city requires three off-street parking spaces for each classroom in the Public Facilities zoning district. The school has 32 general education classrooms and five special education classrooms. Given the existing parking lot (63 stalls) to the South of the school and the proposed parking lots to the North (40 and 19 stalls respectively), the proposed off-street parking for the site meets the requirement for the number of stalls required. Landscaping The landscaping plan provided by the applicant was reviewed by a registered landscape architect and city staff to ensure that the materials suggested meet both the city code and are conducive to parking lot conditions. Staff had a few comments that are being addressed by the applicant. At the time of this writing a revised plan had not been submitted. Staff would recommend adding as a condition of approval that a landscape plan be submitted which meets the landscaping code requirements. Lighting The lighting plan provided by the applicant was reviewed and additional information was needed for completion. Staff would recommend adding as a condition of approval that a lighting plan be submitted which meets the lighting code requirements. Signage A traffic sign plan was submitted with the application. This identifies signage in conjunction with the proposed parking lot project. Staff found the signage identified was adequate for directing traffic on -site at the proposed parent drop off location to the North of the school. Curbing Requirements Section 154.095 B.5. of city code requires a five foot separation from a bumper curb from a side property line. Although a property line exists which does encroach in this five foot requirement, as was noted earlier in this report, historically the internal lot lines to this site were not upheld for setback purposes as the school site functions as one large parcel. The intent of this section of code is being met. Portable Classrooms Purpose The second alteration to the site is the proposed addition of two portable/temporary classrooms and a connecting hallway. The portable classrooms were previously S:1Land Usel(VPILE Elementary Park* Lot ExpICC - Rep Elan School CUP Amend 5-18-10.doc Page 4 CUP Amendment- Request; .Lake Elmo Eletnentag School City Council Report; 5-18-.10 allowed on this site to address student population growth, but have since been removed due to a decline in enrollment. The school is proposing to again add two portable classrooms to accommodate the need for classrooms as the student population has grown and has outgrown the existing classroom facilities. The two classrooms will be connected to the existing building by a proposed hallway. The two classrooms will be visible from County Road 17, but will be a negligible visual addition. The addition of the classrooms displaces an existing shed which is proposed to be relocated adjacent to the temporary buildings. Sprinkling The State Fire Marshall has identified requirements for sprinkling of the hallway addition. This will be reviewed for conformance at the time a building permit application has been submitted. Site Evaluation Storm Water/Fence The City Engineer has reviewed the Storm Water Plan provided by the applicant and has found the numbers provided meet the requirements of the Storm Water and Sediment and Erosion Control Ordinance. The City Engineer has recommended a fence be located along the proposed ponding area. This pond is separated from the soccer fields by a row of trees which will grow to be a good screen for the pond. In the interim there may be issues due to a lack of adequate protection of the pond area, in which case a fence may be a temporary solution, Signage Off -Site Staff is recommending the applicants continue to work with the City of Lake Elmo, Washington County and MnDOT to identify appropriate locations for directional signage on Laverne Avenue North, 39th Street, County Road 17, and State Highway 5 in order to provide clarification to drivers dropping off children at the school. Fire Hydrants In review of this application, the Lake Elmo Fire Chief has identified a lack of fire hydrants on the North side of the school building. Currently, there is not a city water line located on County Road 17 adjacent to this property from which to stub a hydrant. At this time, staff is not recommending the addition of pipeline and a hydrant be added as a condition of approval due to the minor improvements being requested. However, the city has been approached by another property owner on County Road 17 who is interested in extending the existing water line to their property. Through these 5:11,and llselCUPILE Elememmy Parking Lot ExpICC - Rep Clem School' CUP Amend 5-1 8-1(1,doe Page 5 CUP Amendment Request: Lake Elmo Elementary 6'c1'iool City Council Report; 5- 1 8- 1 0 Conditional Use Permit Criteria: discussions, staff will work with the school and adjacent property owners to find an appropriate solution. Septic System Representatives of the school have informed staff that the two proposed portable classrooms are to accommodate the existing student population. In addition, a chart was provided identifying the existing student body at the Lake Elmo Elementary School and a population projection to 2014. At this time the number of students at the school are within the design parameters of the school's septic system. However, the projected student population will quickly reach that maximum capacity (2011-2012 school year). Although ISD 834 will need to determine the appropriate steps to address this diminishing capacity in the next year, Staff will continue to recommend approval of the two portable classrooms and attached hallway as they are intended to relieve the pressure placed upon the existing classrooms for the current student body. Staff will recommend a condition be placed on the conditional use permit that reiterates the recommendation from the 1992 design of the system. This condition will recommend that the newer drainfields be utilized during the school year and the older one during the summer months with the capping off of the pipe for the drainfield being rested and that the septic tanks are pumped annually. Traffic Routes The purpose of the improvements to the Northern parking lot, construction of an additional parking lot, and widening of the private roadway off of Laverne Avenue North is to redirect parent drop off traffic away from Highway 5. As mentioned previously in this report, additional signage is being requested along County Road 17, State Highway 5, 39th Street and Laverne Avenue to encourage traffic flow along these routes. Due to the function of the roadway in front of City Hall as a private alleyway and the use of the adjacent building as a day care center, it was determined this would road segment would not be an appropriate route for the additional traffic. Reviewing this request requires that all general CUP criteria be examined. For these types of applications, the burden is on the City to show why the use should not be permitted due to impacts that cannot be controlled by reasonable conditions. 1. Effects on the health, safety, morals, convenience, or general welfare of surrounding lands. Parking Lot The proposed parking lot and relocation of the parent drop off location would improve traffic safety at the school for the area. The proposed improvements would eliminate S:tLand UselCUPILE Elementary Poking Lot Exp\CC - Rep Elem School CUP Amend 5-1 8-1 0.doc Page 6 CUP Amendment Reques1; Lake Elmo Elementary School City Coimoil Report; 5-18-10 the stacking of vehicles on State Highway 5 at peak morning and afternoon times. The stacking would instead take place on the school's private property. If additional vehicles were stacked beyond the school's property, it would continue on to Laverne Avenue, a much less traveled roadway. The property owners adjacent to the new parking lot area are.the Lake Elmo City Hall to the North and the auto dealership to the South. The visual impacts to the auto dealership would be minimal due to existing mature trees that line the adjoining property line. The traffic is intended to be redirected to 39th Street and Laverne Avenue. Staff is recommending that a condition of approval be to work with Washington County (Co Rd 17) and MnDOT (Hwy 5) to provide additional signage directing parents to utilize 39th Street instead of the private alley just to the North of the school. This private alley currently serves Lake Elmo City Hall, a private commercial/office building, and a day care building. The additional signage identifying the use of 39th Street in lieu of the private alley is to alleviate the potential for additional traffic on the private alley. The redirection of traffic would benefit the auto dealership as it would remove the stacked vehicles from the store's entrance on Highway 5. The visual impact to adjacent neighbors of the portable classrooms is negligible as the property to the west is open fanned property. The additional buildings would have little impact on the day care center to the north. Portable Classrooms The two additional classrooms would improve the health, safety, and general welfare of the students attending the school. This additional space would accommodate the existing student population at the school. Additional classroom space will lessen the impacts to existing classrooms. Staff finds that this criterion is met. 2. Traffic & Parking conditions. Parking Lot The purpose behind the expansion of the existing parking lot and additional parking stalls are to alleviate overflow parking on external roadways during school events. The resulting redirection of traffic to the rear of the school is one of the long-term improvements to address traffic concerns around the school. This long-term solution, along with short and medium term improvements were identified at a working group that was established in 2007. This group of County, City, State, school and parent representatives worked to address the concerns regarding the significant queue of cars that farms during the peak pick-up and drop off times and resulting traffic safety. Portable Classrooms 5:1Lancl aceWt1P4LE Elementary Parking Lot Ex-pWC - Rep Elem School CLIP Amen( I 548-1 0,doe Page 7 CUP Amendment Request; Lake Elmo Elementary School City Council Report; .5-18-10 The portable classrooms are to accommodate an existing student population and would have no impact on traffic or parking conditions. Staff finds that this criterion is met. 3. Effects on utility and school capacities. The Lake Elmo Elementary School provided staff the current and projected student population. The student population expected for the 2010-2011 school year will continue to meet the maximum capacity identified in the septic system report done by TKDA at the time the system was designed. However, future projections, though rough, may bring the school over the maximum capacity. Because the school is located in the Village Area, future city sewer will be available to this site which will relieve the strain that may be placed on the septic system. Staff will work with the School District on the timing of the sewer pipe availability to the site. The additional classroom space being proposed is intended to accommodate the existing student body. This would have a positive effect on the school as those students are currently in a smaller number of classrooms and thus have larger class sizes. Staff finds this criterion is met. 4. Effect on property values of surrounding lands. The minor improvements to the site will have no impact on the property values of the surrounding lands. Staff finds this criterion is satisified. 5. Effect of the proposed use on the Comprehensive Plan. The Lake Elmo Elementary School is located within the Village Area and is identified to remain as a public facilities site in which schools are a conditionally permitted use. The proposed improvements would not change the use and would remain in conformance with the Comprehensive Plan. Staff finds this criterion is satisfied. kiLaral Cise\CUPILE Elementary Parking Lot ExpCC - Rep Elm School CUP rl mend 5-18-10.doc CUP Amendment Regues(Lake Elmo Elenzentaly School City Council Repor0 5-18-10 The Public and Quasi -Public Facilities zoning district identifies schools as a conditionally permitted use and outlines the following two review criteria: 1. No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based on design capacity of all facilities, whichever is more restrictive The septic system was designed for the school in 1992 by TKDA, an engineering firm. A design memo from that time identifies a maximum design flow of 9,000 gallons per day, which exceeds the requirement outlined in city code. Because this septic design has been in operation for 18 years, staff is recommending that although this code requirement is not being met, a reevaluation of both the site and the code requirements at the time city sewer is made available to the site. 2. Direct access is provided to a public street classified by the Comprehensive Plan as a major collector or arterial. The school currently has access off of State Highway 5, County Road 17, and Laverne Avenue North. As such, staff finds this criterion is met. Conditional Based on the above analysis of the review criteria in City Code, staff recommends Use Permit approval of the request by ISD 834, Lake Elmo Elementary School to add two Conclusions: portable classrooms and an enclosed hallway, relocation and expansion of an existing parking lot, addition of a parking lot, and widening of the existing private road off of Laverne Avenue North at 11030 Stillwater Boulevard, based on the following: 1. Health. Safety. Morals. Convenience. General Welfare of Surrounding Lands. - The two portable classrooms would improve the general welfare of the existing student body at the school as it would relieve the existing overcrowded classrooms. - The proposed parking lot relocation, additional parking lot, and widening of the private access off of Laverne Avenue North would improve safety as vehicles that would previously park on County Road 17 would have additional parking opportunities on -site. - The surrounding properties would be positively affected by the improvements as the stacking of vehicles along State Highway 5 during peak parent drop off and pick up times would be relocated to the school's private property and potentially onto Laverne Avenue North — a less traveled roadway. - Additional signage off -site along State Highway 5, County Road 17, 39th Street, and Laverne Avenue North to assist in redirecting student drop off traffic would reduce or eliminate the impact to neighboring properties located along a private alleyway just North of the school. 2. It would not affect traffic or narking conditions. - The two portable classrooms are intended to serve the existing student population and would not impact traffic or parking conditions. - The parking lot relocation, additional parking lot, and widening of the private access S:ILand UsenIPLLE Elemcniag Park ng .1.0( ExpICC - R.cp nem School CUP Amend 5-.1 8-1 0.doc we 9 CUP Amendment .Request; Lake Elmo Elementary School City Council Report,. 5-1840 off of Laverne Avenue North is intended to improve both traffic and parking conditions associated with• the Lake Elmo Elementary School. The new drop off location on the North side of the school would relocate the stacking of vehicles from State Highway 5 onto the school's private property and potentially onto Laverne Avenue North, a less traveled public roadway. The additional parking stalls would accommodate additional vehicles for special events at the school which would otherwise park on busy roads such as County Road 17. 3. The use would have no effect on utility or school capacities. - The two portable classrooms are intended to address the existing school student population as it is currently overwhelming the existing classroom space. - The parking lot expansion and addition would not have an effect on school capacities or utilities. 4. The proposed amendment would have no effect on property values of surrounding lands. - The improvements proposed would not have an effect on property values as there exists mature screening to the South. City Hall and a commercial building are located to the North of the property which would receive no negative impact on property values due to the proposed improvements. 5. The use would be consistent with the Comprehensive Plan. - The Lake Elmo Elementary School is located within the Village Area and is identified to remain as a public facilities site in which schools are a conditionally permitted use. The proposed improvements would not change the use and would remain in conformance with the Comprehensive Plan. Resident City staff is working with adjacent property owners to address questions regarding the Concerns: future rerouting of traffic and new parent drop offlocation at the North side of the school, Additional Information: The Valley Branch Watershed District is waiting for additional information from the applicant for the required VBWD pennit. Planning Commission Report: Planning The Planning Commission reviewed the request for a Conditional Use Permit Commission Amendment and conducted a public hearing on the application at its May 10, 2010 Review and meeting. At the meeting, representatives of the school spoke. No one from the public Public spoke. Hearing: The Commission reviewed and supported the Staff recommendation of approval with the provided findings of fact and conditions. The commission recommended adding an additional condition that the school would write a letter jointly with the City of Lake Elmo to Washington County requesting that "No Parking" signs be added to 5:1Land Usek:VPILE Elementary Per/dng Lot ExpKT - Rep Elm School CUP Amenel 5-18-10.doc Page .1 0 CUP Amendment Request; Lake Elmo Elanentary School C(ty Connell Reiort; 5-18-10 Conclusion: County Road 17 for at least the length of the school's property. The Lake Elmo Elementary School is seeking approval to add two portable classrooms, an enclosed hallway, relocation and expansion of Northern parking lot, an additional parking lot, and widening of an existing private road access off of Laverne Avenue North. The improvements are intended to address concerns regarding traffic safety and overcrowding of the existing student population. Council The City Council has the following options: Options: A) Approval of the conditional use permit amendment request; B) Denial of the conditional use permit amendment request. The 60-day review period for this application expires on 6-24-10, but can be extended an additional 60 days if more time is needed. StaffRec: Staff is recommending approval of the request to amend a conditional use permit for the Lake Elmo Elementary School at 11030 Stillwater Boulevard North based on the reasons stated above with the following conditions: 1. An acceptable stormwater maintenance agreement must be provided to the city. 2. A drainage and utility easement must be provided to the City of Lake Elmo up to the 100-Year Flood Elevation for each stormwater facility. 3. A Valley Branch Watershed District must be obtained. 4. A screening fence shall be installed to separate the proposed pond from the soccer field until such time as the proposed tree line grows in maturity and provides the necessary barrier. The fence shall meet the screening requirements in the fence code. 5. A construction fence shall be shown on the plans and installed to protect the existing drainfield areas to keep construction traffic from compacting the soil in these locations. 6. The school should address the concern of the projected student population reaching the maximum capacity for the septic system design as stated in the TKDA Design Memo from December 4, 1992. 7, The school should maintain the septic system per the original designs as identified on the Lake Elmo Elementary School Drainfield Plan dated 1/13/93. 8. The septic tank shall be pumped annually. 9, The temporary classrooms and enclosed hallway shall be sprinkled as required by the State Fire Marshall. 10. The school shall cooperate with the City of Lake Elmo to install a fire hydrant on the North side of the school property at the time a public water main is S:tLotiti UselCUPILE Elemettiag Parking Lot ExpICC - Rep Elea School CUP Amend 5-18-ladoc Page 1.1 CUP Amendment Request: Lake. Elmo Elementary School City Council &port,548-10 extended along County Road 17 by the Lake Elmo Elementary property. 11. A revised lighting plan must be submitted to comply with the requirements of the Lake Elmo City Code and as stated in the engineer's memos dated May 3, 2010. 12. A revised landscape plan must be submitted to comply with the requirements of the Lake Elmo City Code and the material substitution as identified by staff and in the report by TKDA. 13. The school shall work with the Minnesota Department of Transportation, Washington County, and the City of Lake Elmo to add directional and other appropriate signage directing traffic for the new designated drop off area for the school. The signage would be located on State Highway 5, County Road 17, 39th Street and Laverne Avenue North. 14. A construction schedule must be provided. 15. Haul routes and temporary storage and construction parking areas identified. 16, The School District will write a letter jointly with the City of Lake Elmo to Washington County requesting "No Parking" signs be added to County Road 17 for at least the length of the school's property. 17. The school post "No Parking Anytime" signs on the Northern (entrance) side of the roadway off of Laverne Avenue in order to ensure access for public safety vehicles. Denial To deny the request, you may use the following motion as a guide: Motion Template: I move to deny the request by the Lake Elmo Elementary School to amend a conditional use permit...(please site reasons for the recommendation) Approval To approve the request, you may use the following motion as a guide: Motion Template: Move to Approve Resolution 2010-023 Amending the Conditional Use Permit for the Lake Elmo Elementary School to add two portable classrooms, an enclosed hallway, an additional parking lot, and reconfiguration and expansion of the existing Northern parking lot, as reflected in the specific findings and recommendations of the Planning Commission.... (or cite your own) ...with the conditions outlined in the staff report. cc: Tony Wingert, Lake Elmo Elementary School Greg Buchal, Larson Engineering Nick Marcucci, Wold Architects and Engineers S:lLand UselC(IPkLE Eloneramy Parking Lot ExpICC - Rep Elem School CUP Awncl 5-18-10.doc Page 12 Lake Elmo Elementary School 11030 Stillwater Boulevard -- TKDA EN(31NIEERING ARCHITE The right teme. The right people, The right oompany MEMORANDUM To: Kelli Matzek, City Planner Copies To: Kyle Klatt, Planning Director Jack Griffin, City Engineer From: Date: Ryan Stempski, P.E. May 3, 2010 444 Cedar Street Suite 1500 Saint Paul, MN 55101 (651) 202-4400 (651) 202-0083 Fax www.tkda.com Reference: 2010 School Addition and Parking Lot Modifications Lake Elmo Elementary 14575.001 Phase 10 Proj. No.: Routing: We initially received an Architectural Plan dated April 8, 2010, from Wold Architects and Engineers, a Civil Plan Set dated April 6, 2010, titled 2010 Lake Elmo Elementary School Addition from Larson Engineering, a Certificate of Survey dated September 8, 2008, and a Plan Set dated April 6, 2010, titled 2010 Parking Lot Modifications from Larson Engineering. Upon request, a Summary of Stormwater Runoff, Geotechnical Analysis; and the latest version of the Stormwater Calculations being provided on April 29, 2010. Additionally, a Traffic Sign Plan dated April 14, 2010, Landscape Plan dated April 14, 2010, and Exterior Lighting Study dated April 19, 2010, were provided for review. The following comments must be addressed and the plans revised accordingly. Revised plans must be submitted for engineering review. Final engineering approval cannot be provided until all comments have been addressed. STORMWATER MANAGEMENT The stormwater management plan demonstrates compliance to the City's Storm Water and Erosion and Sediment Control Ordinance. Refer to the attached Drainage Review Memo dated May 3, 2010. All plan sheets and details must be updated to reflect all changes in the stormwater design. FES 1 and FES 2 must be located and have the ability to be maintained entirely on school property. A stormwater maintenance agreement must be provided. A drainage and utility easement must be provided to the City of Lake Elmo up to the 100-Year Flood Elevation for each stormwater facility. The stormwater facilities will be maintained by the applicant. A VBWD Permit must be obtained. SEPTIC SYSTEM The existing drainfield was installed in 1992, which provided capacity for 796 students. The drainfield must be evaluated by the applicant to determine if additional capacity is necessary with the proposed improvements. Construction fence should be shown on the plans and installed to protect the existing drainfield areas to keep construction traffic from compacting the soil in these locations. Entire existing septic system must be shown on the plans. An Employee Owned Company Promoting Affirmative Action and Equal Opportunil.v Memo Page 2 May 3, 2010 Lake Elmo Elementary School WATER IMPROVEMENTS it is our understanding the proposed hallway connection to the temporary classrooms will be sprinkled. A plan and detail of the proposed water extension must be added to the plan set. STREETS AND DRAINAGE The street and drainage improvements identify curb cuts for surface water discharge from the streets. Curb cut design must incorporate permanent erosion control details within the plan set. We would recommend a minimum 4 -foot wide curb cut in lieu of the 24-inch wide curb cut as shown. Specify the width of the curb cuts proposed in the parking lot area. Street grades must be provided for review. LANDSCAPING AND LIGHTING The lighting design parameters and requirements must be provided. Data for the lighting fixtures near the car dealership property line must be expanded out to 0.4 foot candles. Lighting cannot exceed 0.4 foot candles on adjacent property, which must be confitnied in this area. The lighting at the south end of the parent pick up/drop off is minimal. The Max/Min Ratio is high due to this issue. The Landscape Plan should be updated to show the correct stormwater facilities. Fencing is recommended along the pond area. The proposed ROD trees will grow to be a good screen for the pond, but in the interim there may be issues due to lack of adequate protection of the pond area, Refer to the attached Landscape Plan Review Memo dated May 4, 2010, for additional landscape comments, GENERAL Working with Mn/DOT, Washington County, and the City of Lake Elmo, additional "Student Drop Off' Signs should be added along T.H. 5, Lake Elmo Avenue, and Laverne Avenue to promote the use of the designated drop offarea for the school, Construction schedule must be provided. Haul routes must be designated and temporary storage and construction parking identified. TKDA ENGINEERING • ARCHITECTURE •PLAWNt The right time. The right people. The right Dorapang MEMORANDUM To: Ryan Stempski, P.E. Copies To: 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 2924400 (651) 292-0083 Fax www.tkda.com Reference: 2010 Parking Lot Modifications Lake Elmo Elementary Drainage Review Proj. No.: 14575,001 From: Matt Wassman, P.E. Routing: Date: May 3, 2010 This memorandum summarizes my review of the above mentioned plan submittal for completeness and compliance with the City of Lake Elmo' s Storm Water and Erosion and Sediment Control Ordinance (Ordinance No. 08-016). EXHIBITS L Geotechnical Evaluation Report dated January 19, 2010, received April 13, 2010, 2. Storm water calculations by Larson Engineering dated April 6, 2010, received April 13, 2010, 3. Memorandum to the VBWD by Larson Engineering dated April 6, 2010, received April 13, 2010. 4. Email with preliminary comments and questions by the VBWD dated April 13, 2010, received April 13, 2010. 5. Responses to the VBWD' s comments and questions by Larson Engineering dated April 14, 2010, received April 15, 2010. 6. HydroCAD draw -down table report, revised grading/erosion control and utility plan, summary of storm water runoff report, proposed drainage area map, and existing and proposed HydroCAD reports, all dated April 15, 2010, received April 15, 2010. 7. Email with additional questions and continents by the VBWD dated April 16, 2010, received April 16, 2010. 8 Revised existing and proposed drainage area maps, existing and proposed HydroCAD models, and the storm water volume comparison sent via email from Larson Engineering dated April 28, 2010. 9. Rate and volume comparison spreadsheet and revised proposed HydroCAD model sent via email from Larson Engineering dated April 29, 2010. ,4r) Employee Owned Company Promottng Affirmative Action and Equal Opportunity Memo Page 2 May 3, 2010 201 () Parking Lot Modifications Lake Elmo Elementary School Drainage Review STORM WATER MANAGEMENT Lake Elmo Standards • The Storm Water Management Plan shall be consistent with the City Engineering Design Standards. • Proposed discharge rates from the proposed site shall not exceed presettlement rates for the 2-, 10-, and 100-year storm events. The presettlement condition shall be as defined in the State of Minnesota Stormwater Manual for a "meadow" condition based on the applicable Hydrologic Soil Group. Analysis shall use the SCS Type 11, 24-hour storm distribution. • Proposed runoff volumes from the proposed site shall not exceed presettlement rates for the 2-, 10-, and 100-year storm events. • Maintain existing flow patterns. • Drainage easements must be acquired for all ponding areas up to the 100-year HWL, outlet swales, pond overflow routes, ditches, storm sewer pipes, and maintenance vehicle access to all storm water facilities where not directly available on a public road. • Drainage easements must be acquired on behalf of the City and legally recorded at the County for all permanent storm water facilities to allow for proper access and maintenance activities. • A maintenance agreement in a form acceptable to the City must be executed and recorded with the. County for all permanent storm water facilities located on private property. Findings 1 All soil boring logs indicate clay soils within the top 3-16 feet from the surface. Soil Type D was assumed for the entire site. Curve number 78 has been assumed for the presettlement "meadow" condition as required by the City Ordinance for D soils. 2. Proposed discharge rates for the 2-, 10-, and 100-year storm events do not exceed the presettlement discharge rates for discharge points DD and CD. See the table below: Discharge Point DD Discharge Point CD Storm Event Presettlement Proposed Presettlement Proposed (cfs) (cfs) (cfs) (cfs) 2-Year 3.15 2.20 1.54 0.28 10-Year 8.48 5.92 3.41 0.62 100-Year 14.89 13.39 5.81 1.04 Proposed runoff volumes for the 2-, 10-, and 100-year storm events do not exceed the presettlement runoff volumes for discharge point CD. For discharge location DD, proposed runoff volumes for the 2-, 10-, and 100-year storm events are increased slightly. Combining the discharge point locations, the proposed runoff volume for the site does not exceed the presettlement runoff volume. See the table below: Memo 2010 Parking Lot Modifications Lake Elmo Elementary School Drainage Review Storm. Event 2-Year 10-Year 100-year Discharge Point DD Presettlement Proposed (acft) (acft) 0.43 0.45 0.93 1.12 1.59 1.93 Page 3 May 3, 2010 Discharge Point CD Presettlement Proposed (acft) (acft) 0.11 0.02 0.23 0.03 0.40 0.06 Combined DD and CD Presettlement Proposed (acft) (acft) 0.54 0.47 1.17 1.15 1.99 1.99 4. The aprons for outlets FES1 and FES2 are located on school property, but the riprap apron may extend off school property. 5. It is unknown if the 100-year HWL is contained within school property. 6. Existing flow patterns will be modified slightly. Approximately 1.17 acres, presently being directed to discharge point CD untreated, will be redirected to discharge point DD and will be treated. EROSION AND SEDIMENT CONTROL Lake Elmo Standards The Erosion and Sediment Control Plan must be consistent with the NPDES requirements, the City Engineering Design Standards, and the VBWD. Minimize area and duration of disturbance and restore disturbed areas within 14 days of final grading. Protect soil stockpiles, receiving waters, storm sewer inlets, and adjacent properties. Minimize off -site sediment transport utilizing rock construction entrance(s). Streets shall be cleaned and swept within 24 hours whenever tracking of sediment occurs and before the site is left idle for weekends and holidays Minimize work in and adjacent to water bodies. Maintain stable slopes and avoid steep slopes. Protect infiltration areas and minimize compaction in them. Designate a concrete washout area and dispose of site waste properly. Erosion control measures must be in place before land disturbing activities begin. BMPs must be maintained until the site is peiinanently stabilized. BMPs shall be removed within 30 days after permanent stabilization is obtained. Storm sewer systems, ponds, and drainage ways must be cleaned of sediment accumulation and the sediment must be properly disposed of prior to project completion. Findings • Erosion and sediment control measures are consistent with the NPDES requirements, the City Engineering Design Standards, and the VBWD. Memo Page 4 May 3, 2010 2010 Parking Lot Modifications Lake Elmo Elementary School Drainage Review 2. The plan includes installation of temporary BMPs prior to beginning work, including maintenance. 3. The plan includes installation of a rock construction entrance. 4. The plan includes protection of soil stockpiles, receiving waters, storm sewer inlets, and adjacent properties. 5 The plan includes minimizing the area and duration of disturbance, minimizing compaction in infiltration areas, and restoring disturbed areas within 14 days of final grading. 6. The plan inoludes tracked sediment to be removed daily. 7. The plan includes protection of infiltration areas. 8. The plan includes a designated concrete washout area and a note to dispose of site waste properly. 9. The plan includes a note to remove BMPs after the site is permanently stabilized. 10. The plan includes restoring sediment basins to their design condition. 11. No work 'is proposed in or adjacent to water bodies. 12. There are no steep slopes within the project area. COMMENTS AND RECOMMENDATIONS 1 The calculations submitted show that the project will meet the rate control requirement of the City of Lake Elmo's Storm Water and Erosion and Sediment Control Ordinance (Ordinance No. 08-016). 2. The calculations submitted show that the project will meet the volume control requirement of the City of Lake Elmo's Storm Water and Erosion and Sediment Control Ordinance (Ordinance No. 08-016). 3 Constru.ction plan sheets and details should be updated to reflect the changes required to meet the City's ordinance. 4. Provide a drawing showing that the 100-year flood level is contained within sehool property. 5. A storm water maintenance agreement must be provided. 6. A drainage and utility easement up to the 100-year flood elevation must be provided. TKDA E[kERNG • ARCH ITECTU E NING • The right time. The right people,'The right erenpatig MEMORANDUM 444 Cedar Slreet, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0083 Fax tww.tkda.com To: Ryan W. Stempski, P.E. Reference: Lake Elmo Elementary School Parking Lot Modifications Landscape Plan Review Proj. No.: 14575.001 From: Sherri Buss, RLA Routing: Date: May 4, 2010 Copies To: • Larson Engineering submitted a landscape plan for the parkinglot inodifications at Lake Elmo Elementary School, The comments that follow address some issues identified on the plan: If salt will be used in parking lot maintenance, the plants selected should have at least some salt tolerance, A few of the species shown are not salt -tolerant. Suggestions for alternatives are as follows o Picea glauca (White spruce) should be replaced with the variety Picea glauca densata' (Black Hills Spruce). The Black Hills Spruce variety is salt tolerant, and should be specifically identified on the plan, Other conifers with moderate to high levels of salt tolerance include Austrian Pine or Swiss Stone Pine. o Viburnums have generally low salt tolerance. Some good replacements for the Viburnum earlesii and Viburnum tilobum that are salt tolerant and more suited to the dry conditions of a parking lot are Aronia melanocarpa (Black chokeberry), Potentilla species, and Snowberry (Symphoricarpos albus) The species shown on the plan are generally hardy in Minnesota, and the spireas and. grasses are tolerant of parking lot conditions. An Employee Owned Company Prompting Affirmative Ado and Equal Opportunity Public Works Department DoriaWJ. Theisen, P.E. Director/County Engineer -Wayne.1-1, Sandberiii Deputy Director/Assistant County Engineer Kelil M'atzek City.:Planner -City Of -take. Elmo 3800 Laverne Ave.:N. Lake Elrno, 'MN-55042 May-4, 2010 ,RE: Conditional Use Permit .Amendmentfor -Lake-Elmo ',Elementary SOhodllowddify the rear parking :lot, :reitotatelheatudentdro,p-Off .and :add two .portable .c..lassropms, Dear Kalil: Washington County Public Works has reviewed the :plans .for the :amended conclitiert I use :permitibr .Lake Eim erneritary'School :located :at 11030 Stillwater B-Oulevard: (Trunk Highway 5). The plants include :improving the.rear parking lot:adding:an:additional :20 spaces,.improving the school access road from Laverne :Avenue :North endadding two portable -Classrooms. From our discussion, the:City -indicated that :the additional .classrooms will not increaselhe --staffing at the:schcoland this plan will accommadate:thea".dsting-schoolpop.utation Traffic aiding Trunk :Highway (TH):51hrough the Lake 'Elmo has long been a crencern the .to the current access spacing of the local roadway _system, driveways, and the lack of turn lanes. The numberOf :pare-rite:driving their -children to :and from this .sChobl -h.asincreasedin the last ;number...Of years.. This: has resulted -in a significant queue of cars-taekingo-ut-of,the. school parking' lotand: onto the shoulder and bypass ',Ia-ne along :westbound TH 5 during these: pickup andOropofftimes. In 20.07,a working group contisting Of County, :City, State, s.choof and parent representatives -.began meeting- to :look .more olosely at .the traffic. concerns around :the school. -13ased :on !those :meetings and the analysis that was completed, several short, medium and long range Improvements were identified. To _date, the .short:and medium term improvements have been implemented. These included :the installation cif an eleotronic.driver feedback :sign on TH 5, tashingyellows- lights:an County State Aid Hig-h.way:(CSAH) 17 during .school pick-up .and drep: offtim-es.andithe completion of a Safe Routes to School Study. Orreofthe long-term improvements included the construction Of additional:parking spaces :and fa rerouting of the pick-up/drop-:off traffic flow. The proposed plans for the new •student drop- off/pick-up althe rear of the school and access from Laverne North -would be :consistent with the recommendations from that working .group and .would -significantly improve the safety 'and operations -for the pick-up / drop-off.trafficflow. Looking one stepturther, we would like to suggest e potential plarefer the actual pick-up/drop-off process. Attached is a graphic that -Shows all vehicle.s coming to the school for pick-up/drop-off using 39'h Street North to get to Laverne Avenue North and then into the school access :driveway. This would allow waiting vehicles to stack along the school driveway and then back 11660'Myeron Road North, Stillwater, Minnesota 55062-9573 Phone: 651-430-4300 Fax: 651-430-4350 • TTY: 651-430-6246 www,comashington.mn.us Equal Employment Opportunity / Affirmative Action onto the right-hand side of southbound Laverne . Avenue, Vehicles exiting the -driveway mad then' be ableto turn left or right :onto Laverne -Avenue with minimal .conflict.to. entering vehicle.s. Parking -along -CSAH 17 during s.chool hours.and When...larg.e-activities -andathietireventsoccur after school hours :has :been a safety -issue raised .the!sbhocil . and .parents ;at the 'schobl, To help address 'this, potential safety .concern, :parking 'maybeprohlbited on CSAH 17 in the future, We :would recommend that ,pardngbe &IQwed along the. access -road ,_during .non.piek-upidrop- offlimes. This will:allow the.maximurn- number of .vehicles to:park in this :area:-duringlarge-thess school .activities or athletic events, thus :Minimizing the nurnber of vehtles that .:park- along CSAH 17. The ..proposed , parking and .pick-,up/drop -off :plan is a great step in helping to make the traffic :situation around :Lake Elmo Elementary School -much ,safer, Thank .you for the opportunity .to comment onthis. Please --call •me '851-430-4362 ifyou naverquestions or comments, Ann Pung-.T.erWedo :Senior Transportation.:Planner. Wayne Sandberg, :WaShington •County Deputy Director Assittant"County'En neer Ted Schoenecker, Washington 'County Transportation:Planning Manager Mary Stutz, Washington County Sherifft..Commander Adam :•Josephs.on, MriDOT 'East Area Manager Andy Fields, Lake Elmc'Elementary:Pliincipal RV fat ReviewsT I at Review -Lake E Im o‘Lakee Irn De lemente ry2 10:d.o c 71l1160 fIN3nV63NLl3A1V�1 Station #1 3510 Laverne Ave_ No. Lake Elmo, MN 55042 651-770-5006 NT April 28, 2010 Kelli Matzek, City Planner, Station #2 4259 Jamaca Ave. No. Lake Elmo, MN. 55042 651-779-8882 1 have the following concerns regarding the Parking Lot Expansion and Portable ClassroomAddition at e Lake Elmo Elementary School. Parking Lot Expansion: What are the lane widths, both entrance and exit? Will they be divided by a median or just stripped? We MUST have access for emergency vehicles at ALL times, including peak drop off and pick up times. The "loop" drop off area must be designated "FIRE LANE, NO PARKING" around the entire perimeter with yellow curbs and signage to be visible in winter months. Also, depending on the width of the service road 'from Laverne, this may also need to be designated the same. This is to ensure access at all times, especially during "special" events when attendees are prone to parking anywhere and everywhere. • What are the turning radius's in the drop area? We need to be able to get our FD vehicles in there. (refer to City Engineer) Portable Classroom Addition: I am looking for the location of fire hydrants on this side of the building and also their proximity to the new drop off area? With these two expansions it may be necessary to add or relocate hydrants to allow for the additional fire load (even with the classrooms sprinkled) and to get the correct hydrant spacing (350' in commercial areas). Sincerely, Greg Malrnquist, Chief "Proudly Serving Neighbors & Friends" KelliMatzek . Goff, William U] %NU8am.G .nln.us) Friday, April 30.20101033AM Josephson,Adam Sherman, Tod (OOT);Solberg, Jon P(DOT);Craig, E.Buck(DOT) Lake Elmo Elementary School Parking Lot Expansion Kel As a follow up to the proposed expansion of the parking lot at the Lake Elmo Elementary School, please note that Mn/DOT has no formal comment. However/ I know there has been discussion of improving directional signage along TH 5' this should be coordinated with Buck Craig, Mn/DDT Permits Section* at (651) 234-79II, If you have any further questions, please do not hesitate to contact me at (651) 234-7797. Sincerely, William Goff Mn/DOT Senior Planner Clty of Lake Elmo DEVELOPMENT APPLICATICINTOMIT 0 Comprehensive Plan Amendment El Zoning District Amendment 0 Text Amendment 0 Flood Plain C.U.P. Conditional Use Permit E Conditional Use Permit (C.U.P.) O Valiance * (See below) 0 Minor Subdivision E Lot Line Adjustment El Residential Subdivision Sketch/Concept Plan Site & Building Plan Review Ai;PL.IDAKIT: I.S.D. #834 Lake Elmo Elementary (Name) Lake TELEPHONES; (Home) FEE OWNER: (Name) TELEPHONES: (Home) (A/ailing Address) 0.kesidential Subdivision Preliminary/Final Plat 0 01 — 0 Lots 0 11 — 20 Lots 0 21 Lots or More El Excavating & Grading Permit 0 Appeal tJPUD School 11030 Stillwater Elmo , MN 55042 MO (651) 351-6700 (Work) (Mobile) (FaK) 834 1675 South Greeley St. Stillwater (Mailing Address) (51 5 1 ;RV74 (Work) (Mobile) (Fax) MN 55082 (Zip) • Blvd. PROPERTY LOCATION (Address and Complete (Long) Legal Description): Praperty I.D. 1302921230001 #1334 Lake Elm© Elementary School 11030 Stillwater Blvd. 'Lake Elmo N 55042 (See attached for DETAILED REASON FOR REQUEST: Elementary School will provide improved traffic flow on Country R. complete (long) legal description) The revised rear parking area at Lake:.Elmo Highway 5. This area will serve as the student drop of for parents. The potableaxe needed to handle the student population growth at Lake tagnied ni Section 301.060 C, of the Lake Elmo Municipal Code, the Applic.ant must demonstrate a hardship before a valiance can be granted. The hardship related to this application is as follows: In signing this application, fhereby acknowledge that I have read arid fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the ap_plieation_prOcedureS and hereby aeree to pay all statements received from the City pertainingto additional application expense. Signature Signature. of Applicant Raymo Quener Asst Superintendent of Business ana AwniniStrative. Service8 J0/1/2003 City of Lake Elmo 3800 Laverne Avenue. North Leice Elmo 55042 . 651-777-5510 .1-4ax 6.51-777-9615 (71)21/D ate Date CONDITIONAL USE PERMIT APPLICATION ITEM l.Completed land use application form —attached ITEM 2. Written statements Owner Stillwater Area Schools 187SSouth Greeley Street Stillwater, Minnesota S5082 Contact: Tony Willger 6SI.295.3999 Architect: VVp|d Architects & Engineers 3053a\nt Peter Street St.Peu|, Minnesota 55102 Contact: Nick k4arcucci651.227.7773 Civil Engineer: Larson Engineering, Inc. 3S24LaboreRoad White Bear Lake, Minnesota 5Sl1O'6I26 Contact'. Greg Buchal 651.255,0328 Property Address: llU3OStillwater Blvd. N,,LakeElmo, MMSSO4Z Current Zoning: Public o,quasi public open space Parcel Size: acres and square feet: 12.9acnes/ 560,320sf Property (DNumbers; I30I921230001,1302921230002,1302921230003,1302921220001, 1302921220004 ` � Legal Description: see Certificate of Survey History ofthe property The property has been a school site since I920. The build has had additions tothe original building lnl954,l9S9,2gG3,l9G9,29B7,1888,199Oand 2g9G.A6can be seen the district has made a large investment in the school over the years, The proposal is to add an additional parking lot, new ball fields and to relocate 2 portable classroom on the site (theaeportab}es were previously on this site) Number nfstudents (after the portable move) 772for 2O]O/r\and 8O9for ID11/l2 Number ofstaff: 95 Hours of operation: 6:00am-9:00pm The proposal will have positive impacts to the site allowing for more parking on the site instead of on adjacent streets. The new ball fields will benefit public use allowing more usage and less should not have impact on property values, The portable classroom are atemporary Situation, the district envisions the need for less than five years. ITEM 3. Verification nfownership - ITEM 4. Address labels —included ITEM S.(S) copies ofcertified survey and electronic copy—seecivUdraw|ngs ITEM G./5\Copies oflandscape plan and electronic copy -see civil drawings ITEM 7.(S) copies nfarchitectural plans and electronic copy — see architectural sheet A1.O ITEM O. Utilities and services p|an—uee civil drawings Sim NO PARKING %DENT DROP OFF SIGN AC P G 8rr414 NO PARKING Y TIME sIGN ACCESSIBLE ARKING SIGN No 49141042 TUIDENT DRop OFF sION DO NOT ENTER AND STOP SIGN 11 SOCCER FIELD 120X180 AO It115,4 R7-8a L.S.119. FL ANGEL:, CHANNEL SIGN POST (MN D DT 24011 BOULEVARD ri--) SIGN AND POST DETAIL NOT TO SCALE ) SOCCER FIELD 90X120 10. R7— 8a IRO OE .1 MOP ACCESSIBLE PARKING SIGN 2.4 LB.1FT. LANGEO CHANNEL SION POST itONDOT 2401) /- 4"01 SCH. 40 STEEL PIPE FILL WH'Irt CONC. PAINTED TRAFFIC YELLOW :,,71.772'7 NOTE: .. .....;-.. ' '.1..:: = : `— 33013 PGA, CONCRETE ANY SION FREE STANDING IN 1211 ASPHALT PA INC LOT SHALL BE tootorrro AS SHOWN. PAVEMENT SIGN AND POST DETAIL NOT TO SCALE STUDENT DROP OFF AREA 18' 12" STUDENT DROP OFF NOT TO SCALE STUDENT DROP OFF AREA 18' .4••• 12" STUDENT DROP OFF NOT TO SCALE PARKING ANY TIME 12" AR-134 NO PARKING ANY TIME NOT TO SCALE 7 0" 30" RS-1 DO NOT ENTER NOT TO SCALE 30" R1-1 STOP NOT 70 SCALE NO PARKING STUDENT DROP OFF 12' NO NO PARKING STUDENT DROP OFF NOT TO SCALE ONE WAY 24' 11•Im 18" R6-2R ONE WAY NOT TO SCALE NORTH 0 15 30 00 ALLEM:SWIG ITEMS VP $HOLILV EE VERIFIM AY' THE CONTRACTO(II.Proir empronor,p+.• 01 9 3 I Hereby c0r14/ IMO ON Mon, ePeoReeerms or moormeol Probered by me or under My remel supeebblon end log I am 4 Oily loomed Profeeelonol Engineer under 1410(101 of Ihe stole of MInnesole. - (A - Gregory A. bucnor,P.E. Dolc 04.14.10 Reg. No.: 23703 Rev. Cate PeediVAIII Frojecl it 1209MA Fl3ro c,:wiwDay10s: j5,,,13K Ismm ONe: 04.14,10 Snael TiuN: TRAFFIC SIGN PLAN C5 v.e.oreeti.forou,,armatitopo, ,Pkyl ttry Motthata.r...U.Dra,nowerro 80etArt9IIMA04 Jon -a a 6 X ", • ia g 74 —I 0 Z 'CO 2 > 0 "4 En A 0 F P0jecl z 2010 LAKE ELMO ELEMENTARY SCHOOL ADDITION 11030 STILLWATER,BOULEVARD LAKE ELMO, MN 55042 • • ..... ^., — Mlent STILLWATER AREA PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT #834 1875 SOUTH GREELEY STREET STILLVVATER, MN 55082 I ANV ONINNI93110.1. HODAri Larson Engineering, Inc. 3524 Lebore !Road Whfte Rear Lake. MN 55110 551.481.9120 (F) 651.481.9201 www.fersorrengr..com 02010 Larson Engrnecnnn,t0. M4qn, Inannmn. CITY OF LAKE EL.MO MAYOR & COUNCIL COMMUNICATION DATE: 5/18/2010 REGULAR ITEM 8a MOTION AGENDA ITEM: Eder's Century Pines Developer's Agreement SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Bruce Messelt, Cit AdministratorP REVIEWED BY: Kelli Matzek, City Planner SUMMARY AND ACTION REOUESTED: The City Council is asked to review and approve a developer's agreement related to the recently -approved Eder's Century Pines Subdivision. The primary purpose for this agreement is to document for future owners that no building permits will be issued for the vacant lots within the subdivision until a storm water and drainage and erosion control plan is approved for these lots. SUGGESTED "Move to authorize the City Administrator to execute the Eder's MOTION: Century Pines Developer's Agreement" BACKGROUND INFORMATION: On April 20th, 2010, the City Council approved the final plat for Eder's Century Pines. One of the conditions attached to this approval reads as follows: The applicants shall enter into an agreement with the City that requires the submission of rate and volume control calculations meeting the Storm Water and Erosion and Sediment Control Ordinance for each buildable lot prior to the issuance of a building permit for each of these lots. This agreement shall be executed prior to the release of the plat for recording by the City. STAFF REPORT: In order to address this condition, Staff has drafted a simple agreement which requires compliance with the condition noted above. Because there is no public infrastructure associated with the plat, no additional requirements are proposed as a part of this agreement. RECOMMENDATION: Based upon the above background inforrnation, it is recommended that the City Council approve the Developer's Agreement for Eder's Century Pines by undertaking the following action: -- page 1 -- City Council Meeting May 18th, 20 10 Eder's Century Pines Developer's Agreement Regular Agenda Item # 8a "Move to authorize the City Administrator to execute the Eder's Century Pines Developer's Agreement" Alternatively, the City Council does have the authority to further discuss and deliberate this recommendation prior to taking action. The Council may table this item at its discretion, take no action -(in essence denying the recommendation), or amend the recommended action. If the later is done so, the appropriate action of the Council following such discussion would be: "Move to authorize the City Administrator to execute the Eder's Century Pines Developer's Agreement, as amended at tonight's meeting." ATTACHMENTS: Eder's Century Pines Developer's Agreement SUGGESTED ORDER OF BUSINESS: Introduction of Item ............... .............. ....... . ....... .............. City Administrator Report/Pres entation ................ ..... ....... ...... ................... ........... Planning Director - Questions from Council to Staff Mayor Facilitates - Public Comments Mayor Facilitates Call for Motion .......... ...... ........ ..... ............. ............. ...... Mayor & City Council Discussion Mayor & City Council - Action on Motion .................„............. ......... .................. ...... Mayor Facilitates -- page 2 -- Return To: David K. Snyder, Esq. ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, 1809 Northwestern Avenue Stillwater, Minnesota 55082 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AND STORM WATER MANAGEMENT AGREEMENT FOR EDER'S CENTURY PINES THIS AGREEMENT, made and entered into this day of , 2010, by and between the City of Lake Elmo, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and Joel and Judith Eder; Emilie and Dean Carlson; Delmar and Joan Eder; Richard and Janet Eder; Melvin and Jane Eder; Mary Shervheim; Anne Marie Lundgren; and John Eder (hereinafter referred to as "Developer"). WHEREAS, the Developer has asked the City to approve a plat for Eder's Century Pines (referred to in this Contract as the "plat"). The land is situated in the County of Washington, State of Minnesota, and is legally described in the attached Exhibit "A". WHEERAS, the City approved the plat on condition that the Developer enter into this Contract to address the need for future plans that must be reviewed and approved by the City. WHEREAS, it is the policy of the City to enter into development contracts as contemplated Minnesota Statutes §462.358, Subd. 2(a). 1. Storm Water, Drainage. and Erosion Control Plans. The developer shall submit plans that provide for rate and volume control calculations meeting the Lake Elmo Storm Water and Erosion and Sediment Control Ordinance (City Code Section 150.280 through 150.296) for each vacant lot prior to the issuance of a building permit for each of these lots. A permit shall also be secured from the Valley Branch Watershed prior to construction on any vacant lot within the subdivision. A maintenance agreement related to any improvements required by these plans shall be submitted for review and approval by the City Engineer. 2. Warranty of Title. Developer warrants and represents to the City that it is the fee owner of the land described herein and that it has authority to execute this Development Agreement and agree to the conditions hereof and to subject the land hereto. Developer also represents and warrants that the use for which this development is sought will not violate any restrictive covenants applying to the property. 3. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives, and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference herein to the Developers, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers. The cost of said recording shall be borne by the Developer. 4, Restrictions on Transfer/Indemnification, Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in connection with the Project. No transfer or assignment shall be made without City approval and any assignment or transfer without such approval shall be void. 5. Incorporation by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the play and for any improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full, 6. Developer will comply with and promptly perform all of its obligations under this 2 agreement. 7. Evidence of Title. Developer shall furnish the City with evidence of fee ownership of the property through an attorneys title opinion or title insurance policy dated not earlier than 30 days prior to the issuance of any building permits. DEVELOPER By: Its: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this day of . 2010,before me, a Notary Public, within and for said County and State, personally appeared to me personally known, who, being duly sworn, acknowledged said instrument to be her free act and deed. OFFICIAL SEAL OF NOTARY PUBLIC SIGNATURE OF NOTARY PUBLIC 4 By: Bruce Messelt Its: Administrator STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE 0 ) ss. The foregoing instrument was acknowledged before me this day of 2010, by Bruce Messelt, the Administrator of the Crry OF LAKE amo, a Minnesota municipal corporation, on behalf of said City with full authority so to do. OFFICIAL SEAL OF NOTARY PUBLIC SIGNATURE OF NOTARY PUBLIC DRAFTED BY: David K Snyder, Esq. ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, 1809 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 EXHIBIT A Page 1 of 2 PARCEL 1: The east one-half of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, except the following described parcels: Lot 1, Block 1, EDER PINE RIDGE ACRES, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Washington County, Minnesota. The south 320,85 feet of the north 641,70 feet of the east 711.82 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, All that part of the Northeast Quarter of the Northeast Quarter, of Section 10, Township 29 North, Range 21 West, Washington County Minnesota, described as follows: Beginning at the southwest corner of the North 341.62 feet of said Northeast Quarter of the Northeast Quarter; thence easterly along the southerly line of said North 341.62 feet a distance of 606,63 feet, more or less, to the westerly line of the East 711.82 feet of said Northeast Quarter of the Northeast Quarter; thence northerly along said westerly line 20,77 feet, more or less to the southerly line Of the North 320.85 feet of said Northeast Quarter of the Northeast Quarter; thence easterly along said southerly line 711.82, more or less, to the easterly line of said Northeast Quarter of the Northeast Quarter; thence northerly along said easterly line 320.85 feet, more or less, to the northeast corner thereof; thence westerly along the northerly line of said Northeast Quarter of the Northeast- Quarter 1318.87 feet, more or less, to the northwest corner thereof; thence southerly along the westerly line said Northeast Quarter of the Northeast Quarter 341.62 feet, more or less, to the point of beginning. Together with the following described parcels: EXHIBIT A Page 2 of 2 PARCEL 2: Lot 1, Block 1, EDER PINE RIDGE ACRES, according to the recorded plat thereof on file and of record in the office of the County Recorder, Washington ConntyMinnesota. PARCEL 3: The south 320,85 feet of the north 641.70 feet of the east 711.82 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, PARCEL 4: All that part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County Minnesota, described as follows: Beginning at the southwest corner of the North 341.62 feet -of said Northeast Quarter of the Northeast Quarter; thence easterly along the southerly line of said North 341.62 feet a distance of 606.63 feet, more or less, to the westerlyline of the East 711.82 feet of said Northeast Quarter of the Northeast Quarter; thence northerly along said westerly line 20.77 feet, more or less to the southerly line of the North 320.85 feet of said Northeast Quarter of the Northeast Quarter; thence easterly along said southerly line 711.82, more or less, to the easterly line of said Northeast Quarter of the Northeast Quarter; thence northerly along said easterly line 320;85 feet, -more or less, to the northeast corner thereof; thence westerly along the northerly line of said Northeast Quarter of the Northeast Quarter 1318.87 feet, more or less, to the northwest corner thereof; thence southerly along the westerly line said Northeast Quarter of the Northeast Quarter 341.62 feet, more or less, to the point of beginning. "gLAKE ELMO MAYOR & cc) (A/CIL commuivicAnoN \--or DATE: 5/18/10 PUBLIC HEARING ITEM MOTION AGENDA ITEM: Eder's Century Pines Roadway Easement Vacation — PUBLIC HEARING SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Bruce Messelt, Cit Adrninistra o REVIEWED BY: Kelli Matzek, City Planner SUMMARY AND ACTION REQUESTED: The City Council is asked convene a Public Hearing to review and approve the vacation of roadway easements within the area to be re - platted as Eder's Century Pines. The proposed vacation has been requested to eliminate existing roadway easements that have previously been granted to the City in the same location as road right-of-way that will be dedicated within this subdivision. These easements are located over a portion of the roads known as Keats Avenue, 47th Street North, and Julep Avenue North. Upon closure of the Public Hearing and completion of Council discussion, it is recommended the City council approve the proposed vacation of roadway easements by undertaking the following: SUGGESTED "Move to adopt Resolution No. 2010-025 approving the vacation of MOTION: roadway and utility easements within the area to be re -platted as Eder's Century Pines" BACKGROUND INFORMATION: On April 20, 2010, the City Council approved the final plat for Eder's Century Pines. The application for the subdivision was accompanied by a request to vacate the underlying road and utility easements for the roadways within the platted area. In return, the applicant has agreed to dedicate all portions of the roadways now covered by the easements, and in some cases, has expanded the right-of-way to be consistent with current City subdivision requirements. The elimination of the underlying easements will help clean up the plat and avoid duplication of dedications that are better addressed through a. platting process. -- page 1 -- 1 City Council Meeting Public Hearing - Eder's Century Pines Roadway Easement Vacation May 18th, 2010 Regular Agenda Item # 8b STAFF REPORT: Please note that the final plat will dedicate only those portions of the streets that are located on the applicant's property. Portions of the streets outside the platted area will remain in an easement. Because the plat has not yet been recorded for the subdivision, the City will not sign the attached "Notice of Completion of Vacation Proceeding" until the final plat has also been submitted to the City for signature. RECOMMENDATION: Based upon the above background information, it is recommended that the City Council convene the required Public Hearing and, assuming no significant reasons emerge for denial, proceed to approve the easement vacation request the by undertaking the following action: "Move to adopt Resolution No. 2010-025 approving the vacation of roadway and utility easements within the area to be re platted as Eder's Century Pines." Alternatively, the City Council may table or reject the vacation request, but this action would ultimately result in duplication of dedications that have already been approved by the City. The City Council may also elect to amend the recommended action. If done so, the suggested motion would be to: "Move to adopt Resolution No. 2010-025 approving the vacation of roadway and utility easements within the area to be re platted as Eder's Century Pine, as amended at tonight's meeting." ATTACHMENTS: 1. Resolution No. 2010-025 2. Notice of Completion of Vacation Proceeding 3. Easement Descriptions 4. Map Depicting Areas to be Vacated 5. Eder's Century Pines Final Plan ESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report/Presentation Planning Director Questions from Council to Staff Mayor Facilitates Open the Public IIearing Mayor Facilitates Close the Public Hearing Mayor Facilitates Ca11 for Motion Mayor & City Council DiscussionMayor & City Council - Action on Motion Mayor Facilitates -- page 2 -- STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2010-025 A RESOLUTION VACATING ROADWAY AND UTILITY EASEMENTS WITHIN EDER 'S CENTURY PINES THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Lake Elmo has received an application for a Final Plat from Folz, Freeman, Erickson, Inc., 12445 55th Street North, acting on behalf ofJoel and Judith Eder; Emilie and Dean Carlson; Delmar and Joan Eder; Richard and Janet Eder; Melvin and Jane Eder; Mary Shervheim; Anne Marie Lundgren; and John Eder (Applicants) for a Final Plat for Eder's Century Pines, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the City Council approved the Final Plat for Eder's Century Pines at its April 20, 2010 meeting; and WHEREAS, a request concurrent with the Final Plat has been made to the City Council pursuant to Minnesota Statute §412.851 to vacate the current roadway and utility easements that exist under the street right-of-way to be platted within Eder's Century Pines , and described as follows: An easement for roadway and utility easement purposes over, under and across the East 33.00 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, excepting therefrom the South 320.85 feet of the North 641.70 feet thereof. AND A permanent road easement over that part of the SE1/4 of the NE1/4 of Section 10, Township 29 North, Range 21 West, described as follows: Commencing at the NW comer of said SE1/4 of the NE1/4, proceed easterly 33 feet along the North line of the SE1/4 of the NEl/4; thence deflect right 89 degrees 47 minutes 00 seconds and proceed 33 feet to the point of beginning; continue 923 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed 7 feet; thence deflect left 90 degrees 00 seconds 00 minutes and proceed northerly 280 feet; thence deflect right 90 degrees 00 minutes 00 seconds and proceed easterly 10 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 142.89 feet to the beginning of a tangential curve concave to the East, having a radius of 448.22 feet and a central angle of 41 degrees 07 minutes 11 seconds; proceed along said curve 321.68 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northwesterly 10 feet; thence deflect right 90 degrees 00 minutes 00 seconds, thus establishing the line of tangency and the beginning of a curve concave to the East, having a radius. of 458.22 feet and a central angle of 49 degrees 05 minutes 49 seconds, proceed 392.65 feet along said curve; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 7 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed 467.11 feet to the point of beginning; Except that part of the above described parcel East of the westerly limits and South of the northerly limits and bound on the southeast by two parallel curves: one, 95 feet northwest of said curve having a radius of 448.22 feet, and two, 85 feet northwest of said curve having a radius of 458.22 feet. The permanent road easement contains 1.036 acres, more or less. Together with the following; A permanent road easement over that part of the NE1/4 of the NE1/4 of Section 10, Township 29 North, Range 21West, lying North of a line 33 feet North of the South line of said NE1/4 of the NEI/4 and otherwise bound by a line described as follows; Commencing at the SW comer of the NEI/4 ofNE1/4 of said Section 10, proceed easterly 500.11 feet along South line of the NE1/4 ofNE1/4 of said Section 10; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 33 feet to the point of beginning; continue 12 feet; thence deflect left 90 degrees 00 minutes 00 seconds, thus establishing the line of tangency and the beginning of a curve, concave to the South, having a radius of 543.22 feet and a central angel of 90 degrees 13 minutes 00 seconds, proceed along said curve to the point where said curve intersects said line 33 feet North of the South line of the NE1/4 of the NE1/4 of said Section 10, and there terminating. The permanent road easement contains 0.03 acres, more or less, WHEREAS, the City Clerk reviewed and examined the signatures on said request and determined that such signatures constituted all of the landowners abutting upon the portion of easement to be vacated and rededicated; and WHEREAS, a public bearing to consider the vacation and rededication of the drainage and utility easement was held on the 18th day of May 2010 before the City Council in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the Council in its discretion has determined that the vacation will benefit the public interest because: 1) The proposed easement vacations will facilitate the dedications as shown on the final plat for Eder's Century Pines and will eliminate any duplicative dedications of right-of-way over the existing roadways within the platted area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for vacation of existing roadway and utility easements is hereby granted in accordance with the property descriptions provided above. BE IT FURTHER RESOLVED, that the Mayor and City Administrator are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 1861 day of May 2010. Effective Date: Dean A. Johnston, Mayor Brett Emmons, Council Nicole Park, Council Steve DeLapp, Council Anne Smith, Council AYES NAYS Approved: Dean A. Johnston, Mayor Attested by: Bruce Messelt, City Administrator NOTICE OF COMPLETION OF VACATION PROCEEDING TO: AUDITOR -TREASURER, WASHINGTON COUNTY, MINNESOTA: PLEASE TAKE NOTICE, that the City of Lake Elmo has completed proceedings for the vacation of the following described Roadway and Utility Easements in the City of Lake Elmo, Washington County, Minnesota: An easement for roadway and utility easement purposes over, under and across the East 33.00 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, excepting therefrom the South 320.85 feet of the North 641.70 feet thereof. AND A permanent road easement over that part of the SEI/4 of the NEI/4 of Section 10, Township 29 North, Range 21 West, described as follows: Commencing at the NW comer of said SE1/4 of the NEI/4, proceed easterly 33 feet along the North line of the SE1/4 of the NEI/4; thence deflect right 89 degrees 47 minutes 00 seconds and proceed 33 feet to the point of beginning; continue 923 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed 7 feet; thence deflect left 90 degrees 00 seconds 00 minutes and proceed northerly 280 feet; thence deflect right 90 degrees 00 minutes 00 seconds and proceed easterly 10 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 142.89 feet to the beginning of a tangential curve concave to the East, having a radius of 448.22 feet and a central angle of 41 degrees 07 minutes 11 seconds; proceed along said curve 321.68 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northwesterly 10 feet; thence deflect right 90 degrees 00 minutes 00 seconds, thus establishing the line of tangency and the beginning of a curve concave to the East, having a radius of 458.22 feet and a central angle of 49 degrees 05 minutes 49 seconds, proceed 392.65 feet along said curve; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 7 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed 467.11 feet to the point of beginning; Except that part of the above described parcel East of the westerly limits and South of the northerly limits and bound on the southeast by two parallel curves: one, 95 feet northwest of said curve having a radius of 448.22 feet, and two, 85 feet northwest of said curve having a radius of 458.22 feet. The permanent road easement contains 1.036 acres, more or less. Together with the following: A permanent road easement over that part of the NE1 /4 of the NE1 /4 of Section 10, Township 29 North, Range 21West, lying North of a line 33 feet North of the South line of said NE1/4 of the NEI/4 and otherwise bound by -a line described as follows: Commencing at the SW comer of the NEI/4 ofNE1/4 of said Section 10, proceed easterly 500.11 feet along South line ofthe NE1/4ofNE1/4ofsaid Section 10;thence deflect left 90 degrees OO minutes 00 seconds and proceed northerly 33 feet to the point of beginning; continue 12 feet; thence deflect left 90 degrees 00 minutes 00 seconds, thus establishing the line of tangency and the beginning of a curve, concave to the South, having a radius of 543-22 feet and a central angel of 90 degrees 13 minutes 00 seconds, proceed along said curve to the point where said curve intersects said line 33feet North ofthe South line ofthe NB/4ofthe NE1/4ofsaid Section 10. and there terminating. The permanent road easement contains 0.03 acres, more or less. �� Said proceedingwas outhe lv day ofMay, 2010. The only lands affected thereby are the lands abutting the and utility easernent, Dated at the City ofLake Elmo this day of CITY OF LAKE ELMO Bruce &eoselt City Administrator .2U}0. 2 Folz, Freeman, Erickson, Inc. im+ LAND PLANNING • SURVEYING • ENGINEERING January 25, 2010 PROPOSED VACATION OF A ROADWAY AND UTILITY EASEMENT (See Exhibit A) The roadway and utility easement described below was conveyed to the City of Lake Elmo by the Eder family and recorded June 8, 1997 as Document No, 934051. We are proposing to vacate the existing 33 foot wide easement, which does not include the roadway fronting the Melvin and Jane Eder property, and subsequently dedicate a 40 foot wide roadway on the proposed plat of EDER'S CENTURY PINES. Description of easement to be vacated An easernent for roadway and utility easement purposes over, under and across the East 33.00 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, excepting therefrom the South 320.85 feet of the North 641.70 feet thereof. PROPOSED VACATION OF A ROADWAY AND UTILITY EASEMENT (See Exhibit B) The permanent road easements described below were conveyed to the City of Lake Elmo by Myrtle Eder and recorded March 25th, 1985 as Document No, 481950. We are proposing to vacate the existing easements, which do not include a majority of improved 45th Street North and Julep Avenue North, which contain scrivener errors, and which do not mathematically close by 33 feet. We will subsequently dedicate a roadway that varies in width from 80.00 to 96.00 feet on the proposed plat of EDER'S CENTURY PINES. Description ofeasements to be vacated A permanent road easement over that part of the SE1/4 of the NE1/4 of Section 10, Township 29 North, Range 21 West, described as follows: Commencing at the NW comer of said SE1/4 of the NE1/4, proceed easterly 33 feet along the North line of the SE1/4 of the NE1/4; thence deflect right 89 degrees 47 minutes 00 seconds and proceed 33 feet to the point of beginning; continue 923 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed 7 feet; thence deflect left 90 degrees 00 seconds 00 minutes and proceed northerly 280 feet; thence deflect right 90 degrees 00 minutes 00 seconds and proceed easterly 10 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 142.89 12445 55th Street North, Lake Elmo, MN 55042 • Phone: (651) 439.8833 e Fax: (651) 430-9331 • Website: www.ife-inc,eom Bruce A P LS Thstochgna:prera, LS Todd A. Efrickaari,113 1939 - 2001 • 2/1/2010 EDER'S CENTURY PINES Page 2 of 2 feet to the beginning of a tangential curve concave to the East, having a radius of 448.22 feet and a central angle of 41 degrees 07 minutes 11 seconds; proceed along said curve 321.68 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northwesterly 10 feet; thence deflect right 90 degrees 00 minutes 00 seconds, thus establishing the line of tangency and the beginning of a curve concave to the East, having a radius of 458.22 feet and a central angle of 49 degrees 05 minutes 49 seconds, proceed 392.65 feet along said curve; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 7 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed 467.11 feet to the point of beginning; Except that part of the above described parcel East of the westerly limits and South of the northerly limits and bound on the southeast by two parallel curves: one, 95 feet northwest of said curve having a radius of 448.22 feet, and two, 85 feet northwest of said curve having a radius of 458.22 feet. The permanent road easement contains 1.036 acres, more or less. Together with the following: A permanent road easement over that part of the NE1/4 of the NE1/4 of Section 10, Township 29 North, Range 21West, lying North of a line 33 feet North of the South line of said NE1/4 of the NE1/4 and otherwise bound by a line described as follows: Commencing at the SW corner of the NE1/4 of NE1/4 of said Section 10, proceed easterly 500.11 feet along South line of the NE1/4 of NE1/4 of said Section 10; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 33 feet to the point of beginning; continue 12 feet; thence deflect left 90 degrees 00 minutes 00 seconds, thus establishing the line of tangency and the beginning of a curve, concave to the South, having a radius of 543.22 feet and a central angel of 90 degrees 13 minutes 00 seconds, proceed along said curve to the point where said curve intersects said line 33 feet North of the South line of the NE1/4 of the NE1/4 of said Section 10, and there terminating. The permanent road easement contains 0.03 acres, more or less. Roadway and UtilityEasement Vacation Exhibit Exhibit A Existing Easement Legal Description: An easement for roadway and utility easement purposes over, under and across the East 33.00 feet of the Northeast Quarter of the Northeast Quarter of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, excepting therefrom the South 320.85 feet of the North 641.70 feet thereof. vc • eLove I 3 A5? el/../ERIL6/ ZOT 1 Soil77/ GAF a 77,E --A6,e71 301.62 Fear cr The" NE1/f yAe NL4/9. • SOOTIOgeiT Caeme OP Th 3•47.61 fAr re me NAV a.. nar NE1/.9. Soaraw..7 Cac,er aTAF tVElig OP ME NEI" 1 Naewwee Cemee - 5,E4AF oF ZA0" 5.zove p OP° I- LoT 3 Folz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING 12445 55TH STREET NORTH LAKE ELMO, MINNESOTA 55042 Phone (651) 4394:33 Fax (651) 430.9331 LEGEND DENOTES EXISTING ROADWAY EASMENT AREA AS DESCRIBED IN DOC. NO. 934051 THAT IS PROPOSED TO BE VACATED. 04.72:71- 10-029-21-1?-06,02 JOAN 4W Gle-Lsew 9,50 Kzes AFAV.IE A&iW Seem Ltne OP TAF MIFT/0 320.45 Frer of me NEIfi r 77e NE4.9. 10-019-21-11-0003 MP-1-41N / JAME Ezee +WO lez47-5 Azva- Anzerw L©T 2 /0-015I-.21-.134-.300/ 4,01,57Z Eau. FAMILY Seam Lure afi I- NEW oPTANE1/51. / STR.E.c/- ORIGINAL SCALE 1 INCH = 200 FEET 100 200 SCALE IN FEET -— 460 RECL. - Map Map No. Vacation Exhibit A • CITY OF LAKE ELMO I . ID 2009 —Folz,freeman, Erickson, Inc. — All Rights Reserved .1 . . 11 111 11.... Road Easement Vacation Exhibit Exhibit B Existing Easement Legal Description: A pemaanent road easement over that part of the SE1/4 of the NE1/4 of Section 10, Township 29 North, Range 21 West, described as follows: Folz, Freezx LAND PLANNING 40 LEGEND Erickson., Inc. JRVEYING • ENGINEERING 12445 55TH STREET NORTH LAKE ELMO, MINNESOTA 55042 Phone (651)439.8833 Fax (651) 430.9331 DENOTES EXISTING ROADWAY EASMENT AREA AS DESCRIBED IN DOC. NO. 481950 THAT IS PROPOSED TO BE VACATED_ Commencing at the NW comer of said SE1/4 of the NE1/4, proceed easterly 33 feet along the North line of the SE1/4 of the NE1/4; thence deflect right 89 degrees 47 minutes 00 seconds and proceed 33 feet to the point of beginning; continue 923 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed 7 feet thence deflect left 90 degrees 00 seconds 00 minutes and proceed northerly 280 feet thence deflect right 90 degrees 00 minutes 00 seconds and proceed easterly 10 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 142.89 feet to the beginning of a tangential curve concave to the East, having a radius of 448.22 feet and a central angle of 41 degrees 07 minutes 11 seconds; proceed along said curve 321.68 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northwesterly 10 feet thence deflect right 90 degrees 00 minutes 00 seconds, thus establishing the line of tangency and the beginning of a curve concave to the East, having a radius of 458.22 feet and a central angle of 49 degrees 05 minutes 49 seconds, proceed 392.65 feet along said curve; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 7 feet; thence deflect left 90 degrees 00 minutes 00 seconds and proceed 467.11 feet to the point of beginning; Except that part of the above described parcel East oldie westerly limits and South of the northerly limits and bound on the southeast by two parallel curves: one, 95 feet northwest of said curve having a radius of 44822 feet, and two, 85 feet northwest of said curve having a radius of 458.22 feet. The permanent road easement contains 1.036 acres, more or less_ Together with the following: A permanent road easement over that part of the NE1/4 of the NE1/4 of Section 10, Township 29 North, Range 21West, lying North of a line 33 feet North of the South line of said NE1/4 of the NE1/4 and otherwise bound by a line described as follows: Commencing at the SW corner of the NE1/4 of NE1/4 of said Section 10, proceed easterly 500.11 feet along South line of the NE1/4 of NE1/4 of said Section 10; thence deflect left 90 degrees 00 minutes 00 seconds and proceed northerly 33 feet to the point of beginning; continue 12 feet; thence deflect left 90 degrees 00 minutes 00 seconds, thus establishing the line of tangency and the beginning of a curve, concave to the South, having a radius of 543_22 feet and a central angel of 90 degrees 13 minutes 00 seconds, proceed along said curve to the point where said curve intersects said line 33 feet North of the South line of the NE1/4 of the NE1/4 of said Section 10, and there terminating_ The permanent road easement contains 0.03 acres, more or less. SO/P2,N455,- .11F TA£ I- NEI/5' aF nrei Lev- R.Agros .5"5"552.2. —0.:6EIVED ct.13 ot: C7.1'11() r-* .10-049-21-..54-oaczt Atkera. Erze 9825 wrie SzeP-Er No.em &eve 1," Satt7W Lrme- OF zie- NE419 7252/t - LOT 3 11/eL,'777c! ORIGINAL SCALE 1 INCH = 200 FEET 100 2 SCALE IN FEET 400 itla/5-m &N 4atr ,4 --SE1/0 7ne- NE119. yv • LOT 2 5::ocie ./ Map No. a VaC-C; ion Exhibit B 0'2009 Fol; Free man, EricksOn, Inc. — ed Mrintt taw Vicinity Map $mlicm70. i2 - Wainivica Cowls Wftemao ORIGINAL SCALE 1 AYCH • 100 FEET SCALE NV 4EFF LEGEND EDER'S CENTURY PINES *--he.s.ra .Otace 1/4` 04,4• Alr .1/0 Zawe Saver Car Zeros Xi...a: 0 DENOTES srui Dial BY 16 Nal wcti PIPE MONUMENT mADID NM A PLASM cAP INSCRIBED 'FREEMAN LS 15999'. UNLESS MOAN OlHERVIEE I DENOTES FOUND MONUMENT. SIM AND MARKINGS AS INDICATED AV077-..5 1) OPE(TAICH OF 1115 MAIMS asI10 IS BASED DN 1HE WA091M050 COUNTY COORDINATE SYSTEM (NAM) WHERE THE NORM LINE or ME NE1/4 OF 1HE NE1/4 OF SECTION 10. 12517. R21W, DEARS 148910'49-E. 2) DRAINAGE AND 1.1111TY EASEMENTS BEING ID FEET NIDE ALONG ALL BLDCK LINES AND 5 FEET WIDE EACH SCE OF ALL LOT UNES, MESS SHOWN OTHEIRISE. FEe 1 8 2010 1 Y LAKE ELMO /3ZOCk: I 3 ilrEfTFR 21.5'LRiL Ngrii051" — Alone Lew sr Aa r=r '644,6 es or MEW, Lor 1 566e, 44, sr ere -Ateme 46444 ALT ar rieljai LOT Lor 6 131847 ve_t, BLOCK _ r's re' ' 505000S a, at Co "me Dammam sem 46661a. • 04:- ^ / .539•39549 • 3500 IN Pq. 35.00 - • Uvw 3- 7 04 ll- Ler 3 — — CY.67.07" Folz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING Ip 1112445 6550547 STREET F.:51740510T L©r 2 5.ocX t--exanss 4 As feserws AW -664 - Pre 000410150 steme 4ao nier Ss* arra- ,' t _or.ea NInture 777.08 Noyerm I'15 p• Lor Seecv Ler ar fr--4446, ar Ars NELW. Iser 450555,awes Seems 46 44611.44.6 - Mos.. Caw, Corr /raw 00500a4--, \ .54.9•3.5997V .13.156-0 I 1 /..4 'YR)" \ ../7- cr.4/4Adolt,-;_vc '' 1-,Thr,-7, ,....-.-,,‘... 6., 1 1 \ avzor c .1 2' 1 1 \ 8,:acie0 n't CITY OF LAKE EL.MO AYOR & COUNCIL COMMUNICATION DATE: REGULAR ITEM #: DISCUSSION 5/18/2010 9 AGENDA ITEM: Review of lst Quarter of 2010 General Fund Budget (Unaudited) SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Joe Rigdon, Financial Consultant Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: Pursuant to City Council direction, the City Council is asked to receive an update on the now -closed 1st Quarter 2010 General Fund (unaudited) and discuss, as appropriate, any findings or trends identified therein. No specific action or motion is recommended at tonight's meeting. However, should the Council feel so moved to undertake specific action, the Council motion and should be to: Move to revise the 2010 Budget and to begin preparation of the 2011 Budget [as agreed to at tonight's meeting]. BACKGROUND INFORMATION: The City of Lake Elmo has both the legal and fiduciary responsibility under Minnesota State Statue to actively manage its annual Budget and Capital Improvement Program (CIP). Tonight's presentation is part of Lake Elmo's quarterly review of major budget issues and activities. STAFF REPORT: City staff has completed the "closing of the books" for the 1st Quarter of 2010 and, in particular, the General Fund (attached). While unaudited at this time, staff has a high degree of confidence in the material provided and would like to brief the City Council on the major identified findings and trends. A summary of Staff s findings is attached, along with the detailed report. RECOMMENDATION: It is recommended that the City Council receive an update on the now -closed 1st Quarter of the 2010 General Fund (unaudited) and discuss, as appropriate, any potential implications for the 2010 Budget and planned preparations for the 2011 Budget. -- page 1 -- City Council Meeting Review of 1st Quarter 2010 General Fund Budget (Unaudited) May 18th, 2010 Regular Agenda Item #9 No specific action or motion is recommended at tonight's meeting. However, should the Council feel so moved to undertake specific action, the Council motion and should be to: Move to revise the 2010 Budget and to begin preparation of the 2011 Budget [as agreed to at tonight's meeting,J. Alternatively, the City Council does have the authority to discuss and adjust the 2010 Budget, either tonight or during subsequent action, and to direct the City staff accordingly with respect to execution of the 2010 budget and preparation of the 2011 draft budget. ATTACHMENTS: 1. Staff Report on 1st Quarter 2010 General Fund (Unaudited) 2. Detailed Report on 1st quarter 2010 General Fund (Unaudited) SUGGESTED ORDER OF BUSINESS: Introduction........ ..... ............ ......... . ............... Bruce Messelt, City Administrator Staff Report/Presentation Tom Bouthilet, Finance Director Joe Rigdon, Financial Consultant Questions from Council to Staff Mayor Facilitates Discussion.... ........... ........... ..... ................ ..... ............ ...... . Mayor & City Council Action or Motion, if Appropriate Mayor Facilitates page 2 -- Memorandum To: City of Lake Elmo City Council From: Joe Rigdon, KDV Date: May 13, 2010 Re: General Fund Revenues/Expenditures through 1 Quarter 2010 (Unaudited) The attached report details year-to-date City of Lake Elmo General Fund revenues and expenditures through March 31, 2010 (unaudited). Highlights are as follows: Revenues: Property taxes at 0.0% of budget, as projected halftaxes will be received in 07/10 and 2nd half taxes will be received in 12/ 0) • Building permits at 13.7% of budget • Total revenues at $90,484, or 3.2% of budget Expenditures: • Total general government expenditures at 22.0% of budget — on target • Total public safety expenditures at 10.7% of budget - no 2010 police contract invoices received or paid • Total public works expenditures at 29.9% of budget — sand/salt budget for snow & ice removal fully expended • Total parks and recreation expenditures at 21.8% of budget — on target • Total expenditures and transfers out at $518,652, or 18.2% of budget General Ledger Revenues and Exp. User: administrator Printed: 05/13/2010 - 3:13 P Periods: 01-03 Fiscal Year: 2010 JE Number: 000000 Account No 101 000 0000 101-000-0000-31 t310 101-000-0000-31020 101-000-0000-31030 101-000-0000-31040 101-000-0000-31050 101-000-0000-31810 101-000-0000-31910 101-000-0000-31920 101-000-0000-32110 101-000-0000-32180 101-000-0000-32181 101-000-0000-32182 101-000-0000-32183 101-000-0000-32184 101-000-0000-32210 101-000-0000-32215 101-000-0000-32220 101-000-0000-32230 101-000-0000-32231 101-000-0000-32240 101-000-0000-32250 1.01-000-0000-32260 101-000-0000-33120 101-000-0000-33130 101-000-0000-33401 101-000-0000-33402 101-000-0000-33418 101-000-0000-33420 10I-000-0000-33422 Description General Fund Revenue General General Current Ad Valorem Taxes Delinquent Ad Valorem Taxes Mobile 1-tome Tax Fiscal Disparities Tax Abatement Franchise Taxes Penalty & Interest on Taxes Forfeited Tax Sale App©rtionmt Liquor License Wastehauler License General Contractor Lic€itse Sewer Installer License Heating Contractor License 13lacktopping Contractor Licens Building Permits Sikrcharge Heating Permits Plumbing Permits Sewer Permits Animal License Utility Permits Burping Permit Federal Grants CDI3G 01d Village Local Govennnent Aid Homestead Credit Aid MSA - Maintenance State Fire Aid PERA Aid - Revenues and Exp. (05/13/2010 - Budget Amount Period Amt YTD Amount Y ID Var Budgeted Atria uiit Expended 2,381;871.00 0.00 0:00 2,381,871.00 595,467.75 0.00 0.00 O.Oo 0.00 0.00 0.00 0 8,000.00 0.00 0.00 8,000.00 2,000.00 O.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.)0 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 7,200.00 750.00 750.09 6,450.00 1,800.00 10.41 1,000.00 230.00 230.00 770.00 250.00 23.00 1;800.00 1,990.00 1,990.00 (190.00) 450.00 110.55 0.00 0.00 0,00 0.00 0.00 0 200.00 0.00 0.00 200.00 50.00 0.00 60.00 0.00 0.00 60.00 15_00 0.00 100,000.00 13,699.49 13,699.49 86,300.51 25,000.0U 13:69 0.00 0.00 0.00 0.00 0.00 0 3,000.00 1,835.50 1,835.50 1,164.50 750.00 61.18 3,000.00 850,50 850.50 2,149.50 750.00 2835 500.00 171.00 171.00 329.00 125.00 34.20 2,000.00 2,273.00 2;273.00 (273.00) 500:00 113.65 6,000.00 2,903.75 2;903.75 3,09625 1,500.00 48.39 1,000.00 630.00 630.00 370.00 250.00 63.00 0.00 (AO o.o0 0.00 0_00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0:00 0.00 0 68,500.00 38,673.50 38;673.50 29,826.50 17,125.00 56.45 4o,000.00 0.00 0.00 40,000.00 10,000.00 0:00 2,750.00 0,00 0.00 2,750.00 687.50 0.00 Page 1 Account No Description 101-000-0000-33423 101-000-0000-33425 101-000-0000-33426 101-000-0000-33620 101-000-0000-33621 101-000-0000-33622 101-000-0000-34103 101-000-0000-34104 101-000-0000-34105 101-000-0000-34107 101-000-0000-34109 101-000-0000-34110 101-000-0000-34111 101-000-0000-35100 101-000-0000-36200 101-000-0000-36204 101-000-0000-36205 101-000-0000-36210 101-000-0000-36230 101-000-0000-39200 0000 000 410 1110 101-410-1110-41030 101-410-1110-41220 101-410-1110-41230 101-410-1110-43310 101-410-1110-44300 101-410-1110-44330 101-410-1110-44370 1110 1320 101-410-1320-41010 101-410-1320-41210 I01-410-1320-41215 DOT Municipal Grant METC Infiltration Grant Miscellaneous State Grants Gravel Tax Recycling Grant Cable Franchise Revenue'. Zoning & Subdivision Fees Plan Check Fees Sale of Copies, Batiks, Maps Assessment Searches Clean Up Days Park Rent Cable Operation Reimbursement Fines - Miscellaneous Revenue Reimbursements Rembursemnts Interest Earnings Donations Interftmd Operating Transfers General General Revenue Expense General Government Mayor & Council part-time Salaries FICA Contributions Medicare Contributions Mileage Miscellaneous Dues & Snbscriptions Conferences & Training Mayor & Council Administration Full-time Salaries PERA Contributions ICMA Employer Contribution Budget Amount Period Amt YTD Amount YTD Var Eudgeted Amount Expended 0,00 0.00 0.00 0:00 0.00 0.00 3;100.00 0.00 15;000.00 0.00 35;000.00 0.00 1,000.00 1,810.00 32,000.00 5,588.75 300.00 47.00 200.00 90.00 4,000.00 0.00 0.00 0.00 2,400.00 367.68 52,000.00 10,25103 17,130.00 322.50 0.00 0.00 0.00 0.00 60,000.00 0.00 0.00 8,000.00 0,00 0.00 24849,011.00 90,483:70 2,849,011.00 905483.70 2,849,011.00 90,483.70 (16,435.00) 0,00 (1,019.00) 0.00 (23 gm) 0.00 (1r000_oo) 0.00 (2,000.00) (500.00) (9,81)0.00) (3,912.00) (3,500.00) (745.71) (33,992.00) (5,157.71) (220,753.00) (45551.71) (15,453.00) (1,674.54) 0.00 (1,453.93) 0.00 0.00 0.00 9.00 0_00 0.00 1,810.00 5;588,75 47.00 90.00 0.00 0.00 367.68 10,251.03 322.50 0.00 0.00 0.00 8,000.00 0.00 90,483.70 0.00 0.00 0.00 3,100.00 15,000.00 35,000.00 (810,00) 26,411.25 253.00 110.00 4,000.00 0.00 2,032.32 41,148.97 16.807.50 0.00 0.00 60,000.00 (8,000.00) 0.00 2,758,527_30 90,483.70 2„527.30 90,483.70 2,758,52730 0.00 0 0.00 0 0.00 775.00 0.00 3,750.00 0.00 8,750.00 0.00 250.00 181.00 8,000.00 17:46 75.00 15.66 50.00 45.00 1,000.00 0.00 0.00 0 600.00 15,32 13,000.00 19.71 4,282.50 1.88 0.00 0 0.00 0 15,000.00 0.00 0.00 0 0.00 0 712,252,75 3.17 712,252.75 3.17 712,252.75 3.17 0.00 (16,435.00) (4,103.75) 0.00 (1,019.00) (254.75) 0.00 (238.00) (59.50) 0.00 (1,000.00) (250.00) (500.00) (1,500.00) (590.00) 0,912.00) (54888.00) (2,450.00) (745.71) (2,754.29) (875.00) (5,157.71) (28,834.29) (8,498.00) (45;551,71) (175,201.29) (55,188.25) (1,674.54) (13,778.46) (3,863.25) (1,453.93) 1,453.93 0.00 0.00 0.00 0.00 0.00 25.00 39.91 21.30 15.17 20.63 10:83 0 GL - Revenues and Exp. (05/13/2010 - 3:13 PM) Page 2 Account No Description Budget Amount Period Amt YTD Amount YTD Var Budgeted Amount Expended 101-410-1320-41220 FICA Contributions (13,687.00) (2,757.38) (2,757.38) (10,929.62) (3,421.75) 20.14 101-410-1320-41230 Medicare Contributions (3,201.00) (644,90) (644.90) (2,556.10) (800.25) 20.14 101-410-1320-41300 Health/Dental Insurance (16;680.00) (10,130.26) (10,130.26) (26,549.74) (9,170.00) 27.61 101-410-1320-41510 Workers Compensation (1,741.00) (1,921.00) (1,921.00) 180.00 (435,25) 110.33 101-410-1320-42000 Office Supplies (8,000.00) (655,78) (655.78) (7,344.22) (2,000.00) 8.19 101-410-1320-42030 Printed Fonts 0,00 (422.29) (422.29) 422.29 0.00 0 101-410-1320-43040 Legal Services (60,000.00) (4798.12) (4,798.12) (55,201.88) (15,000.00) 7.99 101-410-1320-43090 Newsletter/Website 0.00 0.00 0.00 0.00 0.00 0 101-410-1320-43100 Assessing Services (45,500.00) (6,000.00) (6,000.00) (39.500.00) (11,375.00) 13.18 101-410-1320-43220 Postage (7,000.00) (1;500.00) (1,500.00) (5,500.00) (1,750.00) 21.42 101-410-1320-43310 Mileage (3,500.00) 000 0_00 (3,500.00) (875.00) 0.00 101-410-1320-43510 Legal Publishing 0.00 0.00 0.00 0.00 0.00 0 101-410-1320-43610 Insurance (39,500.00) (38,563.04) (38,563_04) (936.96) (9,875.00) 97.62 101-410-1320-43620 Cable Operation Expense 0.00 0.00 0.00 0.00 0.00 0 101-410-1320-44300 Miscellaneous (6,000.00) (150.00) (150.00) (5,850.00) (1,500.00) 2.50 101-410-1320-44330 Dues & Subscriptions (4,000.00) (860.00) (860.00) (3,140.00) (1,000.00) 21.50 101-410-1320-44350 Books 0.00 0.00 0.00 0.00 0.00 0 101-410-1320-44370 Conferences & Training (3,500.00) (1,070.00) (1.070.00) (2,430.00) (875.00) 30.57 10I-410-1320-44380 Staff Development (1,000.00) 0.00 0.00 (1,000.00) (250.00) 0.00 101-410-1320-47200 Transfer Out 0.00 0.00 " 0.00 0.00 0.00 0 1320 Administration (469,515.00) (118,152.95) (118,152.95) (351,362.05) (117,378.75) 25.16 1410 Elections 101-410-1410-41030 Part-time Salaries (10,000.00) 0.00 0.00 (10,000.00) (2;500.00) 0.00 101-410-1410-41220 FICA Contributions 0.00 0.00 . 0.00 0.00 0.00 0 101-410-1410-41230 Medicare Contributions 0.00 0.60 0.00 0.00 0.00 0 101-410-1410-42000 OfficeSupplies (250:00) (46.61) (46.61) (203.39) (62.50) 18,64 101-410,1410-42030 Printed Forms (350.00) 0.00 0_00 (350.00) (87.50) 0.00 101-410-1410-43310 Travel Expense 0.00 0.00 0.00 0.00 0.00 0 101-410-1410-44300 Miscellaneous (1,350.00) '(940.00) (940.00) (41000) (337.50) 69,63 101-410-1410-44370 Conferences & Training 0.00 0.00 0.00 0.00 0.00 0 101-410-1410-45800 Other Equiprisent 0.00 0.00 000 0.00 0.00 0 1410 Elections (11,95000) (98661) (986.61) (10,963.39) (2,987.50) 8.25 1450 Communications 101-410-1450-41010 Full-tiMe Salaries (10,920.00) (1,607.38) (1,607.38) (9,312.62) (2,730.00) 14:72 101-410-1450-41210 PER_A. Contribution§ (764.00) (11225) (11225) (651.75) (191.00) 14.69 101-410-1450-41220 FICA Contributions (677.00) (99.66) (99.66) (577_34) (16925) 14.72 101-410-1450-41230 Medicare Contributions (158.00) (23.29) (23.29) (134.71) (39.50) 14:74 101-410-1450-41300 Health/Dental Insurance 0.00 0.00 0.00 0.00 0.00 0 101-410-1450-41510 Workers Compensation (398.00) (430.00) (430.00) 32.00 (99.50) 108.04 101-410-1450-43090 Newsletter (5400.00) 0.00 0.00 (5,400.00) (1,350.00) 0.00 101-410-1450-43180 Information Technology/Web (29,000.00) (8,998.03) (8,998.03) (20,001.97) (7,250.00) 31.02 101-410-1450-43510 Public NOtices (4,000.00) (213.63) (213.63) (3,786.37) (1,000.00) 5.3 4 101-410-1450-43620 Cable Operations (4,000.00) (691.01) (691.01) (3,308.99) (1,000.00) 17.27 GL -Revenues and Exp. (05/13/2010 3:13 PM) Page 3 Account No Description Budget Amount Period Afl3t YTD Amount YTD Var Diidgeteci Amount Expended 1450 Communications 1520 Finance 101-410-1520-41010 Ftill-time Salaries 101-410-1520-41210 PERA Contributions 101-410-1520-41220 FICA Contributions 101-410-1520-41230 Medicare Contributions 101-410-1520-41300 Health/Dental Insurance 101-410-1520-41420 Unemployment Benefits 101-410-1520-41510 Workers Cornpensation 101-410-1520-42000 Office Supplies 101410-1520-42030 Printed Forms 101-410-1520-43010 Audit Services 101-410-1520-43150 Contract Service 101-410-1520-43180 Software Support 101-410-1520-43185 Hardware Support 101-410-1520-43190 Software Programs 101-410-1520-43310 Mileage 101-410-1520-44300 Miscellaneous 101-410-1520-44330 Dues & Subscriptions 101-410-1520-44350 Books 101-410-1520-44370 Conferences & Training 1520 Finance (55,317.00) (12,175.25) (12,175.25) (43,141.75) (13,829.25) 22.01 (34,060.00) (7,336.00) (7,336.00) (26,724.60) (8,515.00) 21.53 (2,384.00) (511.55) (511.55) (1,872.45) (596.60) 21.45 (2,112.00) (451.78) (451.78) . (1,660.22) (528_00) 21.39 (494.00) ((05.67) (105.67) (388.33) (123.50) 21.39 (3,915:00) (1,096.94) (1,096.94) (2,818_66) (978.75) 28.01 0.00 ood 0.00 o.00 o.00 0 (161.00) (176.06) (176.00) 15.00 (40.25) 109.31 (500.00) 0.00 0.00 (500.00) (125,00) 0.00 0_00 0.00 0.00 0.00 0.00 0 (29,500.00) (8,000.00) (8,006.00) (21.500.00) (7,375.00) 27.11 (30,000.00) (13,032.25) (13,032.25) (16,967.75) (7,500.00) 43.44 0.00 0.00 0.00 0.00 0.00 0 0.0o 0:00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 (250.00) 0.00 0.00 (250.00) (62.50) 0.00 (2;000.00) (970.00) (970.00) (1,030.00) (500.00) 48.50 (100.00) 0.00 0.00 (100,00) (2.00) 0.00 (100.00) omo 0.00 (100.00) (25.00) 0.00 (300.06) 0,00 0.00 (300.00) (75.00) 0.00 (105,8-76.00) (31,6' 0.19) (31;680.19) (74,195.81) (26,469.00) 29.92 1530 Accounting Services 101-410-1530-43010 Accounting Services 0.00 0.00 0.00 0.00 0.00 0 1530 Accounting Services 0.00 0.00 0,00 0.00 0.00 0 1550 Assessing Services 101-410-1550-43100 AssessingServices 0.00 0.00 0.00 0.00 0.00 0 1550 Assessing Services 0.00 0.00 0.00 0.00 0.00 0 1610 Legal Services 101-410-1610-43040 Legal Services 0.00 101-410-1610-43045 Civil Attorney Criminal 0.00 1610 Legal Services 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 1910 Planning & Zoning 101-410-1910-41010 Full-time Salaries (102,265.00) (17,349,13) (17,349.13) (84,915.87) (25566.25) 101-410-1910-41210 PERA Contributions (7,159.00) (1,160,35) (1,160.35) (5,998.65) (1,789.75) 101-410-1910-41220 FICA Contributions (6,340.00) (1,032.08) (1,032.08) (5,307.92) (1,585.00) 101-410-1910-41230 Medicare Contributions (1,483.00) (241.36) (241.36) (1,241,64) (370.75) 101-410-1910-41300 Health/Dental Insurance (25,138.00) (3,917.29) (3,917.29) (21,220.71) (6,284.50) 101-410-1910-41510 Workers Compensation (485.00) (526.00) (526.00) 41.00 (121.25) GL - Revenues and Ep. (05/13/2010 - 3:13 PM) 16.96 16.20 16.27 16.27 15.58 108.45 Page 4 Account No 101-410-1910-42000 101-410-1910-42030 101-410-1910-43010 101=410-1910-43011 101-410-1910-430I2 101-410-1910-43013 101-410-1910-43020 101-410-1910-43030 101-410-1910-43040 101-410-1910-43050 101-410-1910-43060 101-410-1910-43150 101-410-19I0-43310 101-410-1910-43620 101-410-1910-44300 101-410-1910-44330 101-410-1910-44350 101-410-1910-44370 I910 Descriptio Budget Amount Period Atilt YTD Amount YTD Var$udgeted Amount Expended Office Supplies (2,000.00) Printed Forms 0.00 Conan Facilities Planning-CDBG 0.00 01d Village Design Study-CDBG 0.00 Zoning Ordinance Del/ - CDBG 11.00 Cimarron Study - CDBG 0-00 Comprehensive Planning (15,000.00) Engineering Services (10,000.00) Legal Services 0.00 Infiltration Project 0.00 Old Village Tax Abatement 0.00 Contract Services (10,000.00) Mileage (500.00) Cable Operation Expense 0.00 Miscellaneous (500.00) Dues & Subscriptions (500.00) Books (250:00) Conferences & Training (1,000.00) Planning & Zoning (182;620.00) 1930 Engineering Services 101-410-1930-43030 Engineering Services (70,000.00) 1930 Engineering Services (70,000.00) 1940 101-410-1940-42110 101-410-1940-42230 101-410-1940-43020 101-410-1940-43210 101-410-1940-43250 101-410-1940-43620 101-410-1940-43810 101-410-1940-43830 101-410-1940-43840 101-410-1940-44010 101-410-1940 44040 101-410-1940-44300 1940 City Hall Cleaning Supplies (550.00) Building Repair Supplies (1,000.00) Attorney Fees 0.00 Telephone (8,400.00) Internet 0.00 Insurance 0.00 Electric Utility (12;500.00) Gas Utility 0.00 Refuse (1,300.00) Repairs/Maine Coritiial Bldg (11,000.00) Repairs/Maiut Contractual Eqpi (5,000.00) Miscellaneous (1,000.00) City Hall (40,750.00) 0,00 0.00 (2,000.00) (500.00) 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0,00 0 0.00 0,00 0.00 0:00 0 0.00 0.00 0.00 0.00 0 0.00 0.00 0,00 0.00 0 0,00 0.00 (15,000.00) (3,750.00) 0.00 (2,341.51) (2,341.51) (7,658.49) (2,500.00) 23.41 0.00 0.00 0.00 0.00 0 0.00' 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0 (i,313.50) (1,313.0) (8,686.50) (2,500.00) 13.13 0.00. 0.00 (500.00) (125.00) 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 (500.00) (125.00) 0.00 0.00 0.00 (500.00) (125.00) 0.00 0.00 0.00 (250.00) (62.50) 0.00 0,00 0_00 (1,000.00) (250.00) 0.00 27,881.22) (27,881.22) (154,738.78) (45;655.00) 15.26 (9,670.23) (9,670.23) (60,329.77) (17,500.00) 13.81 (9,67023) (9,670.23) (60,329.77) (17,500.00) 13.81 (152.90) (152.90) (397.10) (137.50) 27.80 0.00 0.00 (1,000.00) (250.00) 0.00 0.00 0.00 0.00 0.00 0 (1,683.47) (1,683.47) (6,716,53) (2,100.00) 20.04 0.00 .0.00 0.00 0.00 0 0.00 o:0o 0.o0 0.00 0 (2,469.28) (2.469.28) (10,030.72) (3,125.00) 19.75 0.00 0.00 0.00 0,00 0 (207.32) (207.32) (1,092.68) (325.00) 15.94 (3,127.71) (3;127.71) (7,872.29) (2,750.00) 28.43 (357.27) (357.21) (4,642.73) (1,250.00) 7.14 (42.02) (42.02) (957.98) (250.00) 4.20 (8,039.97) (8;039.97) (32,710.03) (10,18750) 19.73 410 General Government (970,020.00) (213,744.13) 420 2100 Public Safety Police GL - Revenues and Exp_ (05/13/2010 - 3:13 PM) (213,744.13) (756,275.87) (242,505.00) 22.03 Page 5 Account No Description Budget Amount Period Amt YT➢ Amount YTD VarBudgeted Amount Expended 101=420-2100-4-3150 Law Enforcement Contract (474,935.00) 0.00 0.00 (474,935.00) (118,733.75) 0.00 101-420-2100-47200 Transfer Out 0.00 0.00 0.00 0.00 0.00 0 2100 Police (474,935.00) 0.00 0.00 (474,935.00) (118,733.75) 0.00 2150 Prosecution 101-420-2150-43045 Attorney Criminal 2150 Prosecution (51,000.00) (7,597.03) (7,597.03) (43,402.97) (12,750.00) 14.89 (51,000.00) (7,597.03) (7,597.01) (43,402.97) (12,750.00) 14.89 2220 Fire 101-420-2220-41010 Full-time Salaries (63,803.00) (13,642.20) (13,642.20) (50,160.80) (15,950.75) 21.38 101-420-2220-41030 Part-time Salaries (110,000.00) (8,545.52) (8,545.52) (101,454.48) (27,500.00) 7,76 101-420-2220-41210 PERAContributions (8,669.00) (1,860.01) (1,860.01) (6,808.99) (2,167.25) 21.45 101-420-2220-41220 FICA Contributions (7,106.00) (582.13) (582.13) (6,523.87) (1,776.50) 8.19 101-420-2220-41230 Medicare Contributions (2,520.00) (313.91) . (313.97) (2,206.03) (630.00) 12.45 101-420-2220-41300 Health/DentalInsurance (15,855.00) (3,902.24) (3,902.24) (11,952.76) (3,963.75) 24.61 10I-420-2220-41420 Unemployment Benefits 0.00 0.00 0.00 0.00 0.00 0 101-420-2220-41510 Workers Compensation (10,575.00) (12,472.00) (12,472.00) 1,897.00 (2,643.75) 117.93 101-420-2220-42000 Office Supplies (1,500.00) (245,81) (245.81) (1,254.19) (375,00) 16.38 101-420-2220-42030. Printed Forms 0,00 0.00 0.00 0.00 0.00 0 101-420-2220-42080 EMS Supplies (1,200.00) 0,00 0.00 (1,200.00) (300.00) 0.00 101-420-2220-42090 Fire Prevention (3,000.00) 0.00 0.00 (3,000.00) (750.00) 0.00 101-420-2220-42120 Fuel, 01l and Fluids (11,500.00) (1,356.83) (1,356,83) (10,143.17) (2,875.00) 11.79 101-420-2220-42210 Equipriient Pairs 0.00 0.00 0.00 0.00 0.00 0 101-420-2220-42230 Building Repair Supplies 0.00 0.00 0.00 0.00 0.00 0 101-420-2220-42400 Small Tools & Equipment (10,000.00) (3,220.10) (3,220.10) (6,779.90) (2,500.00) 32,20 101-420-2220-43050 Physicals (7,550.00) 0.00 0.00 (7,550.00) (1,887.50) 0,00 101-420-2220-43210 Telephone (5,100.00) (762.31) (762.31) (4,337,69) (1,275.00) 14.94 101-420-2220-43230 Radio (19,920.00) (25.65) (25.65) (19,394.35) (4,980.110) 0.12 101-420-2220-43250 Internet 0.00 0.00 0.00 0.00 0,00 0 101-420-2220-43310 Mileage (600.00) 0.00 0.00 (600,00) (150.00) 0.00 101-420-2220-43630 Vehicle Insurance (15;475.00) (13,980.20) (13,980.20) (1,494.80) (3,868,75) 90.34 101-420-2220-43810 EIectric Utility (13,900.00) (3,562.,15) (3,562.15) (105337.85) (3,475.00) 25.62 101-420-2220-43830 Gas Utility 0.00 0,00 0.00 0.00 0.00 0 101-420-2220-43840 Refuse (1,000.00) (91.24) (91.24) (908.76) (250.00) 9,12 101-420-2220-44010 Repairs/MaintBldg (10,000.00) (9,825.79) (9;825.79) (174.21) (2,500.00) 98.25 101-420-2220-44040 Repairs/14aint Eqpt (26,907,00) (1,733.90) (1,733.90) (25,173.10) (6,726.75) 6.44 101-420-2220-44120 Rentals - Building 0.00 0.,00 0.00 0.00 0.00 0 101-420-2220-44170 Uniforms (5,600.00) (961.45) (961.45) (4,633,55) (1,400.00) 17.16 101-420-2220-44300 Miscellaneous (2,800.00) . (7.88) (7.88) (2,792.12) (700.00) 0.28 101-420-222044330 Dues & Subscriptions (2,200.00) (1,179.00) (1,179.00) (14121.00) (550.00) 53.59 101-420-2220-44350 Books (850.06) (635.91) (635:91) (214.09) (212.50) 74.81 101-420-2220-44370 Conferences & Trainrng (20,225.00) (7,053.86) (7,053.86) (13,171.14) (5,056.25) 34.87 101-420-2220-44910 Pension Contribution 0.00 0.00 0.00 0.00 0,00 0 101-420-2220-44920 Fire State Aid 0.00 0.00 0.00 0.00 0.00 0 101-420-2220-45500 Vehicle 0.00 0.00 0.00 0.00 0.00 0 GL. - Revenues and Exp. (05/13/20I0 - 3:13 PM) Page 6 Account No Description Budget Amount Period Amt YTD Amount YTD Vat' Budgeted Amount Expended 101-420-2220-45800 Equipment 0.00 0.00 0.00 0.00 0.00 0 101-420-2220-47200 Transfer Out 0.00 0.00 0.00 0.00 0.00 0 2220 Fire (377,855_00) (85,960.15) (85,960.15) (291,894.85) (94,463.75) 22.75 2250 Fire Relief 101-4202250-44920 Fire State Aid (40,000.00) 0.00 0.00 (40,900.00) (10,000.00) 0.00 101-420-2250-44925 City Contribution (17,864.00) 0.00 0.00 (17,864.00) (4,466.00) 0.00 2250 Fire Relief (57,864.00) 0.00 . 0.00 (57,864.00) (14,466.00) 0.00 2400 Building Inspection 101-420-2400-41010 Full-time Salaries (59,740.00) (12,542.70) (12;542.70) (47,197:30) (14,935.00) 20.99 101-420-2400-41210 PERA Contributions (4,182.00) (874:61) (874.61) (3,307.39) (1,045.50) 20.91 101-420-2400-41220 FICA Contributions (3,704.00) (764.10) (764.10) (2939,90) (926.00) 20.62 101-420-2400-41230 Medicare Contributions (866,00) (178.67) (178.67) (687.33) (216.50) 20.63 101-420-2400-41300 BealthiDental Insitrance (9,91 5.op) (2,180.95) (2,180.93) (6,834.05) '(2,253.75) 24.19 101-420-2400-41510 Workers Compensation (2,143.00) (2,319.00) (2,319..00) 176,00 (535.75) 108.21 101-420-2400-42000 0 ffIce Supplies (300.00) 0.00 . 0.00 (300.00) (75.00) 0.00 101-420-2400-42030 Printed Forms (300.00) 0.00 0.00 (300.00) (75,00) 0.00 101-420-2400-42120 Fuel, Oil and Fluids (3,750.00) 0.00 0.00 (3;750.00) (937.50) 0.00 101-420-2400-43030 Engineering (5,000.00) (694.26) (694.26) (4,305.74) (4250.00) 13.88 101-420-2400-43050 PlanRevie* Charges (1;000:00) 0.00 D.00 (1,000.00) (250,00) 0.00 101-420-2400-43060 SurchargePayments 0.00 1,615,51 1,615.51 (1,615.51) 0.00 0 101-420-2400-43150 Inspector Contract Services (1,000.00) 0.00 0.00 (1,000.00) (250.00) 0.00 101-420-2400-43210 Telephone (500.00) (34.86) (34.86) (465.14) (125.00) 6.97 101-420-2400-433 10 Mileage (250.00) . 0.00 0.00 (250.00) (2.50) 0.00 101-420-2400-43630 Insurance (1,000.00) (903.41) (903.41) (96.59) (250.00) 90.34 101-420-2400-14040 Repairs/Ma:Mt Eqpt (750.00) (358.48) (358,48) (391.52) (187,50) 47.79 1 01-420-2400-44 120 Rentals - Building 0.00 0:00 0:00 0.00 0.00 0 101-420-2400-44170 Uniforms (300.00) 0.00 0.00 (300.00) (75.00) 0.00 101-420-2400-44300 Miscellaneous (500.00) (15.41)' (15.41) (484.59) (125.00) 3.08 101,-420-2400-44330 Dues Re Subscriptions (200.00) 0.00 . 0.00 (200.00) (50.00) 0.00 101-420-2400-44350 Books (200.00) 0.00 " 0.00 (200.00) (50.00) 0.00 101-420-2400-44370 Conferences it Training (500.00) (130.00) (130.00) (370.00) (125.00) 26.00 1014420-2400-45800 Equipment 0.00 0-00 0.00 0.00 0.00 0 101-420-2400-47200 Transfer Out 0.00 0.00 0.00 0.00 0.00 0 2400 Building Inspection (95,200.00) (19,380.94) (19; 0.94) 7 , 9.06) (23i800.00) 20.35 2500 Civil Defense 101-420-2500-47200 Transfer Out 0.00 2500 Civil Defense 0.00 2600 Code Enforcement 101-420-2600-41010 Full-time Salaries 0.00 101-420-2600-41210 PEP.A Contributions 0.00 101-420-2600-41220 FICA Contributions 0.00 GI, • Revenues and Exp. (05/13/2010 - 3:13 PM) 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0 0-09 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0 Page 7 Account No Description Budget Amount Period Amt YTD Amount YTD VarBudgeted Amount Expended 101-420-2600-41230 Medicare Contributions 101-420-2600-41300 Health/D en tal Insurance 101-420-2600-41510 Workers Compensation 101-420-2600-42000 Office Supplies 101-420-2600-42030 Printed Forms 101-420-2600-42120 Fuel, Oil and Fluids 101-420-2600-43210 Telephone 101-420-2600-43630 Vehicle Insurance 101-420-2600-44040 Repairs/Maint Contractual Eqpt 101-420-2600-44120 Rentals - Buildings 101-420-2600-44170 Uniform 101-420-2600-44300 Miscellaneous 101-420-2600-44330 Dues & Subscriptions 101-420-2600-44350 Books 101-420-2600-44370 Conferences & Training 101-420-2600-45800 Equipment 101-420-2600-47200 Transfer Out 2600 Code Enforcemerit 2700 Animal Control 101-420-2700-42030 Printed Forms 101-420-2700-43150 Contract Services 101-420-2700-43160 Impounding 101-420-2700-44300 Miscellaneous 2700 Animal Control 2800 Engineering 101-420-2800-41010 Full -tine Salaries 101-420-2800-41210 PERA Contributions 101-420-2800-41220 FICA Contributions 101-420-2800-41230 Medicare Contributions 101-420-2800-41300 Health/DentalInsurance 101-420-2800-41510 Workers Compensation 101-420-2800-42000 Office Supplies 101-420-2800-42030 Printed Forms 101-420-2800-42120 Fuel, Oil and Fluids 101-420-2800-43210 Telephone 101-420-2800-43630 Vehicle Insurance 101-420-2800-44300 Misceilaneoris 101-420-2800-44330 Dues & Subscriptions 101-420-2800-44350 Books 101-420-2800 44370 Conferences & Training 101-420-2800-47200 Transfer Out 2800 Engineering GL - Revenues and Exp. (05/13/2010 - 3:13 PM) 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0:00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0:00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 (150.00) 0.00 0:00 (150.00) (37.50) 0.00 (12,600.00) (1,073.00) (1,073.00) (11.527.00) (3,150.00) 8.51 0.00 0.00 0.00 0.00 0.00 0 (100.00) 0.00 0.00 (100.00) (25.00) 0.00 (12,850.00) (1,073.00) (1,073.00) (1 1,777.00) (3,212.50) 8.35 0.00 0.00 0,00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 Page 8 Account No Description Budget Amount Period Amt YTD Amount YTD Var Budgeted Amount Expended 420 . Public Safety (1,069,704.00) (114,01 .12) (1144011.12) (955,692.88) (267,426.00) 10.65 430 Public Works 3100 Public Works 101-430-3100-41010 Full-tirrie Salaries 101-430-3100-41030 Part-time Salaries 101-430-3100-41210 PERA. Contributions 101-430-3100-41220 FICA Contributions 101-430-3100-41230 Medicate Contributions 101-430-3100-4-1300 Health/Dental Insurance 101-430-3100-41510 Workers Compensation 101-430-3100-42000 Office Supplies • 101-430-3100-42120 Fuel, Oil and Fluids 101-430-3100-42150 Shop Materials 101-430-3100-42210 Equipment Parts 101-410-3100-42230 Building Repair Sup Plies 101-430-3100-42240 Street Maintenance Materials 101-430-3100-42250 Landscaping Materials 101-430-3100-42260 Sign Repair Materials 101-430-3100-42290 Sand/Salt 101-430-3100-42400 Small Tools & Minor Equipment 101-430-3 100-43030 Engineering ServiceS 101-430-3100-43090 Sealcoating & Crack Sealing 101-430-3100-43150 Contract Services 101-430-3100-43210 Telephone 101-130-3100-43230 Radio 101-430-3100-43250 Internet 101-430-3100-43310 Mileage 101-430-3100-43630 Instirance 101-430-3100-43810 Electric Utility 101-430-3100-43830 Gas Utility 101-430-3100-43840 Refuse 101-430-3100-44010 Repairs/Mai 13Idg 101-430-3100-44030 Repairs/ft./tint Imp Not Bldgs 101-430-3100-44040 Repairs/Maint Ept 101-430-3100-44120 Rentals - Buildings 101-430-3100-44170 Uniforms 101-430-3100-44300 Miscellaneous 101-430-3100-44330 Dues & Subscriptions 101-430-3100-44370 Conferences & Training 101-430-3100-44380 Clean-up Days 101-430-3100-45200 Buildings 101.-430-3100-45500 Vehicles 101-430-3100-45800 Other Equipment GL - Revenues and Exp. (65113/2010 - 3:13 PM) (128,387,00) (25,845.89) (25;845.89) (102,541.11) (32,096.75) 20.13 (12,57100) 0.00 0.09 (12,573.00) (3,143.25) 0.00 (9,867.00) (1,802.29) (1,802.29) (8,064.71) (2,466.75) 18.26 (8,740.00), (1,524.85) (1,524.85) (7,215.15) (2,185.00) 17.44 (2,644.06) (35668) (356.68) (1,687.32) (511.00) 17.45 (36,027.00) (9,576.41) (9,576.41) (26,450.59) (9,006,75) 26.58 (11,500.00) (13,541:00) (13,541.00) 2,041.00 (2,875.00) 117.74 (500.00) (108.41) (108.41) (391.59) (125.00) 21.68 0.00 (160.00) (160.00) 160.00 0.00 0 (4,000.00) (402.35) (402.35) (3,597.65) (1,000.00) 10.05 0.00 0.00 0.00 0.00 0.00 0 (1,000.00) 0.00 0.00 (1,000.00) (250.00) 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 (3,000.00) (649.05) (649.05) (7,350.95) (750.00) 21.63 0.00 (92.57) (92.57) 92.57 0.00 0 0.00 0.00 0.00 0.00 0.00 0 (13,400.00) (178.30) (178.30) (13,221;70) (3,350.00) 1.33 (1,500.00) (1,869,24) (1;869.24) (5,630.76) (1,875.00) 24.92 (500.00) 0.00 0.00 (500.00) (125.00) b.00 0.00 0.00 0.00 0.00 0,00 0 (100.00) 0.00 0.00 (100.00) (25.00) 0.00 (15,610,00) (14,156.37) (14,156:37) (1,513.63) (3,917.50) 90.34 (29,500.00) (6,443,78) (6,4-43.78) (23,056,22) (7,375.00) 21.84 0.00 0.00 0.00 0.00 0.00 0 (1,800.00) (397.74) (397.74) (1,402.26) (450.00) 22.09 (2,000.00) (869.69) (869.69) (1,130.31) (500.00) 43.48 0.00 0.00 0.po 0.00 0.00 0 (6,000.00) (115.78) (115.18) (5,884.22) (1,500.00) 1.93 0.00 0.00 0.00 0.00 0,00 0 (1,675.00) (580.68) (580.68) (1,094.32) (418.75) 34.66 (2,900.00) (188.50) (188.50) (1,811.50) (500.00) 9.42 (150.00) 0.00 0.00 (150.00) (37.50) 0.00 (900.00) 0.00 0.00 (900.60) (225.00) 0.00 (7,500.00) 0.00 0.00 (7,500.00) (1,875,00) 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0 Page 9 Account No Description 101-430-3100-47200 3100 3120 101-430-3120-42120 101-430-3120-42210 101-430-3120-42240 101-430-3120-42260 1014.30-3120-43150 101-430-3120 41040 3120 3125 101-430-3125-42250 101-430-3125-42290 101-430-3125-43150 101-430-3125-44040 3125 3160 101-430-3160-43810 3160 3200 101-430-3200-42100 101-430-3200-43090 101-430-3200-44300 3200 3250 101-430-3250-43150 3250 3300 101-430-3300-43150 3300 430 450 5200 101-450-5200-41010 101-450-5200-41030 Transfer Out Public Works Streets Fuel, Oil and Fluids Equipment Parts Street Maintenance Materials Sigu Repair Materials Contract Services Repairs/Maint Eqpt Streets Ice and Snow Removal Landscaping Materials Sand/Salt Contract Services Repairs/Maint Eqpt lce and Snow Removal Street Lighting Street Lighting Street Lighting Recycling Recycling Supplies Newsletter Miscellaneous Recycling Tree Program Contract Services Tree Program CDBG Contract Services - CDBG MEG Public Works Cul Lure, Recreation Parks ez Recreation Full-tinte Salaries Part-time Salaries GL - Revenues and Exp. (05/13/2010 - 3:13 PM) BudgetBudgetAmount Period Ault YTD Amount YTD Var Budgeted Amount Expended 0,00 0.00 0.00 0.00 0.00 0 (306,333.00) (78,859.58) (78,859.58) (227,473.42) (76,583.25) 25.74 (32;000.00) (4.680.21) (4,680.21) (27,319.79) (8,000.00) 14.62 (8,500.00) (148.64) (148.64) (8,351.36) (2,125.00) 1.74 (18,000.00) (183.40) (183_40) (17,816.60) (4,500.00) 1.01 (3,000.00) (1,104.68) (1,104.68) (1,89532) (750.00) 36.82 (14,000.00) 0.00 0.00 (14,000.00) (3,500-00) 0.00 (5,000.00) 0.00 0.00 (5,000.00 (1,250.00) 0.00 (80,500.00) (6,116.93) (6,116.93) (74,383.07) (20,125.00) 7.59 (1,000.00) 0_00 (50,000.00) (56,368.35) (10,000.00) 0.00 (2,500.00) (1,654.64) (63,500.00) (58,062.99) (24,000.00) (4,121.39) (24,000.00) (4,121.30 (3,500.00) (4,000.00) (7,500.00) (15,000.00) (10,000.00) (10,000.00) 0.00 0.00 (499,333.00) (77,561.00) (30,551.00) 0.00 (56,368.35) 0.00 (1,694.64) (58,062.99) (4,121.39) (4,121.39) (1,000.00) (250.00) 6,368.35 (12,500.00) (10,000.00) (2,500.00) (805.36) (625.00) (5,437.01) (15,875.00) 0.00 112.73 0.00 67.78 91.43 (19,878.61) (6,000.00) 17.17 (19,878.61) (6,000.00) 17.17 0.00 0.00 (3,500.00) (875.00) 0.00 0.00 (4,000.00) (1,000.00) 0.00 0.00 (7,500_00) (1,875.00) 0.00 0.00 (15,000.00) (3.750.00) (1,992.00) (1,992.00) 0.00 0.00 (149,152.89) (14,195.67) (3,864.70) (1,992.00) (1.992.00) 0.0Q 0.00 (149,152.89) (14,795.67) (3,864.70) (8,008.00) (2,500.00) (8,008.00) (2,500.00) 0.00 0.00 (350,180,11) (62,76533) (26,686.30) 0.00 0.00 0.00 0.00 0.00 0.00 19.92 19.92 0 0 (124,833.25) 29.87 (19,390.25) 19.07 (7,637.75) 12.65 Page 10 Account No Description Budget Amount Period Amt YTD Amount YTD Var Budgeted Amount Expended 101-450-5200-41210 PERA Contributions (7,568.00) (1,167.59) (1,167.59) (6,400.41) (1,892.00) 15.42 101-450-5200-41220 FICA Contributions (6,703:00) (1;126.53) (1;126.53) (5,576.47) (1,675.75) 16.80 101-450-5200-41230 Medicare Contributions (1,568.00) (263.42) (263.42) (1,304.58) (392.00) 16.80 101-450-5200-41300 Health/Dental Insurance (14,044.00) (3,593.30) (3,593.30) (10,450.10) (3,511.00) 25.58 101-450-5200-41420 Unemployment Benefits (1,642.00) 0;00 0-00 (1,642.00) (410.50) 0.00 101-450-5200-41510 Worke s Compensation (6,703.00) (7,253.60) (7,253:00) 550.00 (1,675.75) 108.20 101-450-5200-42000 Office Supplies (300.00) 0.00 0.00 (300.00) (75.00) 0-00 101-450-5200-42120 FUe1, Oil and Fluids (3,000.00) 0.00 0.00 (3,000.00) (750.00) 0.00 101-450-5200-42150 Shop Materials (750.00) 0.00 0.00 (750.00) (187.50) 0.00 101-450-5200-42160 Chemicals (1,000.00) 0.00 0.00 (1,000.00) (250.00) 0.00 101-450-52.00-42210 Equipment Parts (2,5,00.00) 0.00 0.00 (2,500.00) (625.00) 0.00 101-450-5200-42230 Building Repair Supplies (500.00) 0.00 0.00 (500.00) (125.00.) 0.00 101-450-5200- 2250 Landscaping Materials (3,500.00) 0.00 0.00 (3,500.00) (875.00) 0.00 101-450-5200-42400 Small Tools & Minor Equipment (1,000.00) (369.79) (369:79) (630.21) (250.00) 36.97 101-450-5200-43030 Engineering Senrices 0.00 0.00 0.00 0.00 0.00 0 101-450-5200-43210 Telephone (650.00) (17:43) (17.43) (632.57) (162.50) 2.68 101-450-5200-43230 Radio 0.00 0.00 0.00 0.00 0.00 0 101-450-5200-43250 Internet 0.00 0.00 0.00 0.00 0.00 0 101-450-5200-43310 Mileage (200.00) 0.00 0.00 (200.00) (50.00) 0.00 101-450-520043630 Insurance (5;500.00) (4,968.73) (4,968.73) (531.27) (1,375.00) 90,34 101-450-5200-43810 Electric Utility (10,164.00) (3,096:15) (3,096,15) (7,067.85) (2,541.00) 30.46 101-450-5200-43830 Gas Utility. 0.00 0.00 0.00 0.00 0.00 0 101-450-5200-43840 Refuse (2;500.00) (397.74) (397.74) (2,102.26) (625.00) 15.91 101-450-5200-44010 Repairs/MaintBldg (700.00) 0.00 0.00 (700,00) (175.00) 0.00 101-450-5200-44030 RepairSiMaint Imp Not Bldgs (4,000.00) (70027) (700.27) (3,299:73) (1,000.00) 17.50 101-450-5200-44040 Repairs/MaintEgpt (2,000.00) 0.00 0-00 (2,000.00) (500.00) 0.00 101-450-5200-44120 Rentals -Buildings (5,000.00) 0.00 0.00 (5;000.00) (1,250.00) 0.00 101-50-5200-44170 Uniforrits 0.00 0.00 0.00 0.00 0:00 0 101-450-5200-44300 Miscellaneous (1*500.00) (129.50) (12950) (1,370.50) (375.00) 8.63 101-450-5200-44330 Dues & Subscriptions 0.00 0.00 0.00 0.00 0.00 0 101-450-5200-44370 Conferences & Training 0.00 0.00 0.00 0.00 0.00 0 101-450-5200-47200 Transfer Out 0.00 0.00 0.00 0.00 0.00 0 5200 Parks & Recreation (191,104.00) (41,743.82) (41,743.82) (149,360.18) (47,776.00) 21.84 450 Culture, Recreation (191,104.00) (41,743.82) (41,743.82) (149,366.18) (47,776.00) 21.84 493 Other Financing Uses 9360 Transfers Out 101-493-9360-47200 Transfers Out (118,850.00) 0.00 0.00 (118,$50.00) (29,712.50) 0.00 9360 Transfers Out (118,850.00) 0.00 0.00 (118,850.00) (29,712.50) 0.00 GL - Revenues and Exp. (05/13/2010 - 3:13 PM) Page 11 Account No Description Budget Amount Period Aint YTD Amount YTD Vat. lludgeted Amount Expended 493 101 Other Financing Uses (118,850.00) 0.00 0.00 (118,850.00) (29,712.50) 0.00 Expense (2,849,011.00) (518,651.96) (518,651.96) (2,330,359.04) (712,252.75) 18.20 General Fund 0.00 (428,168.26) (428, 68.26) 428,168.26 0.00 Revenue Total: Expense Total: Report Totals: GL - Revenues and Exp. (05/13/2010 - 3:13 PM) 2,844,011.00 90,483.70 90,483.70 2,758,527.30 712,252.75 3.17 (2,849,011.00) (518,65196) (518,651.96) (2,330,359.04) (712,252.75) 18.20 0.00 (428,168.26) (428,16826) 428,168.26 0.00 0.00 Page 12 # CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 5/18/2010 REGULAR ITEM #: 10 MOTION Resolution 2010-017 AGENDA ITEM: Comprehensive Plan Amendment for Senior Living and Farm School Project at 9434 Stillwater Boulevard North PID's: 15-029-21-31-0001 and 15-029-21-31-0003 SUBMITTED BY: THROUGH: REVIEWED BY: Tammy Malmquist, Applicant Lake Elmo Planning Commission Kyle Klatt, Planning Director Bruce A. Messelt, City Administrato • Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: As per City Council direction from May 4th, 2010, resubmitted for Council Consideration is a proposed Comprehensive Plan Amendment, requested from Mrs. Tammy Malmquist, 8549 Ironwood Trail North, Assuming affirmative action by the City Council, forthcoming will be separate requests for a Zoning Text/Map Amendment (Item #11, on tonight's Agenda) and an OP Open Space Preservation Concept Plan and a Planned Unit Development concept plan (both tabled by the Planning Commission on May 10th, 2010). In their totality, these four actions would allow the establishment of a 40-unit senior living multi- family building, 10 townhouse units, and a farm-themed preschool on a 30.9 acre parcel at 9434 Stillwater Boulevard North. The unanimous recommendation of the Planning Commission to approve the proposed Comprehensive Plan Amendment is reflected in the following motion: SUGGESTED MOTION: "Move to Approve Resolution 2010-017 Amending the City of Lake Elmo Comprehensive Plan to change future land use designation for the identified parcel from RAD to RAD2, as reflected in the specific findings and recommendations of the Planning Commission." BACKGROUND INFORMATION: Given the complex nature of this application, Staff has recommending that the Planning Commission and City Council review focus first on the Comprehensive Plan and Zoning amendments before proceeding with a discussion of the OP Development and PUD Concept Plans, The primary reason for the staged review was to take the bigger picture items first, and then advance with the detailed plan reviews, if warranted, -- page 1 — City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School May 18th, 2010 Regular Agenda Item # 10 This process was designed to save time, resources and effort, shOuld support not exist within the Planning Commission and City Council to move forward with the Comprehensive Plan and Rezoning. However, the Planning Commission elected to only consider and forward at this time for Council consideration the recommended Comprehensive Plan Amendment. A summary of this item follows: COMPREHENSIVE PLAN AMENDMENT: A request to amend the Lake Elmo Comprehensive Plan, and specifically the Future Land Use Map, to change the future use of the applicant's 30.9 acre parcel from RAD Rural Agriculture Density (.45 dwelling units per acre) to RAD2 Rural Agricultural Density/2 (2 dwelling units per acre). The applicant has requested a transfer of some density from an existing RAD2 area located west of the applicant's site along Stillwater Boulevard to the project site. On May 4th, the City Council discussed this item and elected to delay consideration (3-2 vote) by two weeks. During this interim period, the Planning Commission proceeded to hold the required Public Hearing and approve the requested Zoning Overlay (item #11 on tonight's Agenda) but elected to table action on the requested OP Preservation Concept Plan and Planned Unit Development. STAFF REPORT: The attached Staff report from the Planning Department includes detailed information concerning the application and the review and recommendation concerning the first two portions of the request: the Comprehensive Plan and then -recommended Zoning Text Amendment. As the Planning Commission has acted upon the requested alternative Zoning Overlay, this item is also scheduled for Council review and consideration tonight. The staff report also includes a brief summarization of the issues that have been identified concerning the specific concept plans, which were presented in greater detail to the Planning Commission on May 10th. Please note, however, that the City Council is not being asked to review the concept plans at this time, and should focus its attention on the positive or negative aspects of the Comprehensive Plan Amendment being requested. Should the City Council decide to not move forward with the requested revisions to the Comprehensive Plan, the latter decisions will not require a significant amount of additional discussion and review, since the concept plans and Zoning changes would not be consistent with the Comprehensive Plan (and therefore could not be approved). Planning Staff did recommend denial of the proposed Comprehensive Plan amendment, as requested by the applicant. Findings of fact for denial were included in the original Planning Commission Report and are available tonight, if requested. -- page 2 -- City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School May 18th, 2010 Regular Agenda Item # 10 PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously supported the applicant's requested Comprehensive Plan Amendment and developed a revised list of findings, included in the Planning Commission report. The findings have been incorporated by the Planning Director and City Attorney into the attached draft Resolution for Council Consideration. The Planning Commission has also unanimously approved the proposed Overlay Zoning changes but chose to table taking action on the OP Development and PUD Concept Plans, RECOMMENDATION: Based upon the above background information, staff report and recommendation of the Planning Commission, it is recommended that the City Council discuss and consider the proposed Comprehensive Plan Amendment, as delineated in the attached drat Resolution. Affirmative action can be undertaken by the following motion: "Move to Approve Resolution 2010-017 Amending the City of Lake Elmo Comprehensive Plan to change future land use designation for the identified parcel from RAD to RAD2, as reflected in the specific findings and recommendations of the Planning Commission." Of note: The City Council will not be able to formally adopt the Comprehensive Plan Amendment until after Met Council review is complete. It appears that this amendment would be classified as a "minor plan amendment" by the Met Council and, therefore, not subject to adjacent review. However, staff is still researching this requirement (noted in the Resolution). It should also be noted that final approval of the Comprehensive Plan Amendment is contingent upon approval by the City Council of the other aspects of this project. This contingency obviates the necessity or taking action to reverse tonight's decision, should the proposed development not move forward. Language to this effect has been crafted by the City Attorney and is also included in the draft Resolution. Alternatively. the City Council does have the authority to deny the recommendation of the Planning Commission at tonight's meeting. However, further delay of action tonight may require the concurrence of the applicant, given state statutes governing timely responses to land use applications. The City Council may also elect to amend this recommendation, as appropriate. If the latter is done, the appropriate action of the Council following such discussion would be: "Move to Approve Resolution No. 2010-017 [ as amended at tonight's meeting]." Future Considerations: Should this initial step in this development proposal be affirmed at tonight's meeting, the following "future considerations" specific to this proposal are noted for Council information: -- page 3 -- City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School May 18th, 2010 Regular Agenda Item # 10 • The feasibility of the site and proposed development to comply with all aspects of the City Code remains to be determined. Of critical importance will be compliance with the City's new stoiin water regulations, and the resulting impact to site. • The City and applicant will need to take into consideration potential future local, collector and arterial transportation improvements, above those already noted, directly or indirectly resulting from the development, as well as anticipated financial participation of the applicant in such future improvements. • The City and the applicant will need to take into consideration current and potential future provision of municipal utility services, including water and wastewater, as these services are improved and/or become available, consistent with state law and the best long-term interests of the City and development. • The City and applicant may need to decide if the housing on the site should be age restricted and/or develop language that restricts future uses to those proposed by the applicant may prove problematic. • Finally, the City and applicant will need to evaluate current and future park and recreation issues relating to the site, including such issues as trails and trail access, private and public access and amenities, and the like. With respect to more general "future considerations;" the City Council may wish to consider future review of the Comprehensive Plan, which is currently devoid of any language addressing senior housing outside of the Village or multi -family buildings in rural development areas. The City Council has also discussed, in general, a desire future consideration of City progress toward overall development objectives, revisions to the Comprehensive Plan and Zoning relating to the R@ and other designations, and completion of review of the Village Master Plan and 10th St N — 1-94 Corridor area. ATTACHMENTS: 1. Resolution 2010-017 2. Planning Staff Report 3. Copies of Written Correspondence 4. Concept Plan Narrative & Zoning Text Amendment (previously provided) 5. Fat it School and Senior Living Concept Plans (previously provided) 6. Development Application Form (previously provided) 7 . Response to Incompletion Letter (previously provided) 8. Review Comments: (previously provided) o Minnesota Department of Transportation o Valley Branch Watershed District page 4 -- City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School May 18th, 2010 Regular Agenda Item # 10 o Oakdale Fire Depth tinent (Public Safety) o City Engineer 9. Future Land Use Map (Applicant's Site and RAD2 Areas) (previously provided) 10, Aerial Image of Site (previously provided) SUGGESTED ORDER OF BUSINESS: Introduction City Administrator Discussion by the City Council__ ......... . .............. .......... Public Comments, if appropriate Mayor & City Council Mayor Facilitates Call for Motion ........ ....... .......... ....... . .......... .................. Action on Motion Mayor & City Council Mayor & City Council Mayor Facilitates -- page 5 -- I cny - LAKE ELMO Aypi3 &CO UNCIL COMMUNICATION DATE: 5/18/2010 REGULAR ITEM #: 10 MOTION Resolution 2010-017 AGENDA ITEM: Comprehensive Plan Amendment for Senior Living and Farm School Project at 9434 Stillwater Boulevard North — PID' s: 15-029-21-31-0001 and 15-029-21-31-0003 SUBMITTED BY: Tammy Malmquist, Applicant Lake Elmo Planning Commission Kyle Klatt, Planning Director THROUGH: Bruce A. Messelt, City Administra REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: As per City Council direction from May 4th, 2010, resubmitted for Council Consideration is a proposed Comprehensive Plan Amendment, requested from Mrs. Tammy Malmquist, 8549 Ironwood Trail North. Assuming affirmative action by the City Council, forthcoming will be separate requests for a Zoning Text/Map Amendment (Item #11 on tonight's Agenda) and an OP Open Space Preservation Concept Plan and a Planned Unit Development concept plan (both tabled by the Planning Commission on May 10th, 2010). In their totality, these four actions would allow the establishment of a 40-unit senior living multi- family building, 10 townhouse units, and a farm-themed preschool on a 30.9 acre parcel at 9434 Stillwater Boulevard North. The unanimous recommendation of the Planning Commission to approve the proposed Comprehensive Plan Amendment is reflected in the following motion: SUGGESTED "Move to Approve Resolution 2010-017 Amending the City of Lake MOTION: Elmo Comprehensive Plan to change future land use designation for the identified parcel from RAD to RAD2, as reflected in the specific findings and recommendations of the Planning Commission." BACKGROUND INFORMATION: Given the complex nature of this application, Staff has recommending that the Planning Commission and City Council review focus first on the Comprehensive Plan and Zoning amendments before proceeding with a discussion of the OP Development and PUD Concept Plans. The primary reason for the staged review was to take the bigger picture items first, and then advance with the detailed plan reviews, if warranted. page 1 -- City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School May 18th, 2010 Regular Agenda Item # 10 This process was designed to save time, resources and effort, should support not exist within the Planning Commission and City Council to move forward with the Comprehensive Plan and Rezoning. However, the Planning Commission elected to only consider and forward at this time for Council consideration the reconunended Comprehensive Plan Amendment. A summary of this item follows: COMPREHENSIVE PLAN AMENDMENT: A request to amend the Lake Elmo Comprehensive Plan, and specifically the Future Land Use Map, to change the future use of the applicant's 30.9 acre parcel from RAD Rural Agriculture Density (.45 dwelling units per acre) to RAD2 Rural Agricultural Density/2 (2 dwelling units per acre). The applicant has requested a transfer of some density from an existing RAD2 area located west of the applicant's site along Stillwater Boulevard to the project site. On May 4th, the City Council discussed this item and elected to delay consideration (3-2 vote) by two weeks. During this interim period, the Planning Commission proceeded to hold the required Public Hearing and approve the requested Zoning Overlay (item #11 on tonight's Agenda) but elected to table action on the requested OP Preservation Concept Plan and Planned Unit Development. STAFF REPORT: The attached Staff report from the Planning Department includes detailed information concerning the application and the review and recommendation concerning the first two portions of the request: the Comprehensive Plan and then -recommended Zoning Text Amendment. As the Planning Commission has acted upon the requested alternative Zoning Overlay, this item is also scheduled for Council review and consideration tonight. The staff report also includes a brief summarization of the issues that have been identified concerning the specific concept plans, which were presented in greater detail to the Planning Commission on May 101h. Please note, however, that the City Council is not being asked to review the concept plans at this time, and should focus its attention on the positive or negative aspects of the Comprehensive Plan Amendment being requested. Should the City Council decide to not move forward with the requested revisions to the Comprehensive Plan, the latter decisions will not require a significant amount of additional discussion and review, since the concept plans and Zoning changes would not be consistent with the Comprehensive Plan (and therefore could not be approved). Planning Staff did recommend denial of the proposed Comprehensive Plan amendment, as requested by the applicant. Findings of fact for denial were included in the original Planning Commission Report and are available tonight, if requested. -- page 2 -- City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School May 18th, 2010 Regular Agenda Item # 10 PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously sunnorted the applicant's requested Comprehensive Plan Amendment and developed a revised list of findings, included in the Planning Commission report. The findings have been incorporated by the Planning Director and City Attorney into the attached draft Resolution for Council Consideration. The Planning Commission has also unanimously approved the proposed Overlay Zoning changes but chose to table taking action on the OP Development and PUD Concept Plans. RECOMMENDATION: Based upon the above background information, staff report and recommendation of the Planning Commission, it is recommended that the City Council discuss and consider the proposed Comprehensive Plan Amendment, as delineated in the attached drat Resolution. Affirmative action can be undertaken by the following motion: "Move to Approve Resolution 2010-017 Amending the City of Lake Elmo Comprehensive Plan to change future land use designation for the identified parcel from RAD to RAD2, as reflected in the specific findings and recommendations of the Planning Commission." Of note: The City Council will not be able to formally adopt the Comprehensive Plan Amendment until after Met Council review is complete. It appears that this amendment would be classified as a "minor plan amendment" by the Met Council and, therefore, not subject to adjacent review. However, staff is still researching this requirement (noted in the Resolution). It should also be noted that final approval of the Comprehensive Plan Amendment is contingent upon approval by the City Council of the other aspects of this project. This contingency obviates the necessity or taking action to reverse tonight's decision, should the proposed development not move forward. Language to this effect has been crafted by the City Attorney and is also included in the draft Resolution. Alternatively, the City Council does have the authority to deny the recommendation of the Planning Commission at tonight's meeting. However, further delay of action tonight may require the concurrence of the applicant, given state statutes governing timely responses to land use applications. The City Council may also elect to amend this recommendation, as appropriate. If the latter is done, the appropriate action of the Council following such discussion would be: "Move to Approve Resolution No. 2010-017 f as amended at tonight's meeting 1. Future Considerations: Should this initial step in this development proposal be affirmed at tonight's meeting, the following "future considerations" specific to this proposal are noted for Council information: -- page 3 -- City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School May 18th, 2010 Regular Agenda Item # 10 • The feasibility of the site and proposed development to comply with all aspects of the City Code remains to be determined. Of critical importance will be compliance with the City's new storm water regulations, and the resulting impact to site. • The City and applicant will need to take into consideration potential future local, collector and arterial transportation improvements, above those already noted, directly or indirectly resulting from the development, as well as anticipated financial participation of the applicant in such future improvements. • The City and the applicant will need to take into consideration current and potential future provision of municipal utility services, including water and wastewater, as these services are improved and/or become available, consistent with state law and the best long-term interests of the City and development. • The City and applicant may need to decide if the housing on the site should be age restricted and/or develop language that restricts future uses to those proposed by the applicant may prove problematic. • Finally, the City and applicant will need to evaluate current and future park and recreation issues relating to the site, including such issues as trails and trail access, private and public access and amenities, and the like. With respect to more general "future considerations;" the City Council may wish to consider future review of the Comprehensive Plan, which is currently devoid of any language addressing senior housing outside of the Village or multi -family buildings in rural development areas. The City Council has also discussed, in general, a desire future consideration of City progress toward overall development objectives, revisions to the Comprehensive Plan and Zoning relating to the R@ and other designations, and completion of review of the Village Master Plan and lOth St N 1-94 Corridor area. ATTACHMENTS: 1, Resolution 2010-017 2. Planning Staff Report 3. Copies of Written Correspondence 4. Concept Plan Narrative & Zoning Text Amendment (previously provided) 5. Farm School and Senior Living Concept Plans eviously provided) 6. 7, Development Application Form (previously provided) Response to Incompletion Letter (previously provided) 8. Review Comments: (previously provided) o Minnesota Department of Transportation o Valley Branch Watershed District -- page 4 -- City Council Meeting Comprehensive Plan Amendment for Senior Living and Farm School May 18th, 2010 Regular Agenda Item # 10 o Oakdale Fire Department (Public Safety) o City Engineer 9. Future Land Use Map (Applicant's Site and RAD2 Areas) (previously provided) 10. Aerial Image of Site (previously provided) SUGGESTED ORDER OF BUSINESS: Introduction City Administrator Discussion by the City Council Mayor & City Council Public Comments, if appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion ...... . ................ ............... . ...... ...,................ Mayor Facilitates ri -- page 5 -- City of Lake Elmo DEVELOPMENT APPLICATION FORM Comprehensive Plan Amendment Zoning District Amendment El Text Amendment 0 Flood Plain C.U.P. Conditional Use Permit EJ Conditional Use Permit (C.U.P.) APPLICANT: TELEPHONES: ev5 I - 7 7 7 - 0 5 (Home) (Work) FEE OWNER: Cs r TELEPHONES: (Name) (Home) Variance (See below) 0 Minor Subdivision E] Lot Line Adjustment 0 Residential Subdivision Sketch/Concept Plan D Site & Building Plan Review Fee $ 0 Residential Subdivision Preliminary/Final Plat O 01 — 10 Lots O 11 — 20 Lots O 21 Lots or More O Excavating & Grading Permit 0 Appeal EIJPUD 4 A y /14 ALA-) cpu 55171? rAzol,./m_pepor-PAri._ ilogni-/ _44 EL.et-46 f Ai 5- 5 (Name) (Melling Address) (Zip) (5I- 7 75 (181.210 (Mobile) vJ E /Zi (Mailing Address) (Work) (Mobile) (Fax) (Fax) (Zip) PROPERTY LOCATION (Address and Complete (Long) Legal Description): 917, 311 77- /4- i_vt747-E 1:34.V/D ,J. sct /4 E . 5540z/2 .4r,2q -Z1- 3/-tDon/ 7--r4G,450 „OE DETAILED REASON FOR REQUEST: 610.4-4PEei-/EW TIVE PLA-A/ (2005' 2 0) 1.-em/2.LISE A401 P MEWDMEAir TeE DErAtiLF:n FvearEc.,r rIARR,47--/Ve *VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. AcApt_c» .441 ,..eef 6(.411( Signature of Appli Dater S gna ur of Ai 1/22/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fax 651-777-9615 Fee $ Q City of Lake Elmo DEVELOPMENT APPLICATION FORM El Comprehensive Plan Amendment 0 Zoning District Amendment Text Amendment Ej Flood Plain C.U.P. Conditional Use Permit 0 Conditional Use Permit (C.U.P,) Variance * (See below) Minor Subdivision Lot Line Adjustment Residential Subdivision Sketch/Concept Plan Site & Building Plan Review Lill Residential Subdivision Preliminary/Final Plat O 01 — 10 Lots O 11 — 20 Lots O 21 Lots or More ID Excavating & Grading Permit 0 Appeal El PUD APPLICANT: 774 Ad A.4 v It-14 4-4?) pt." .1 s 7— es,/ F X cAi Woe, n 77‘24/ z._ A/aRTI-1 1.4- e E4o AAA/ 5-5-04 (Name) ' (IVielling Address) (Zip) TELEPHONES: 66-/ - 77 7 0655 4:,5-/- 775-984710 (Home) (Work) (Mobile) (Fax) FEE OWNER: Es 7-.4 "7-g. at" r_a_t/t A./ rk_i.e."7")12./ cd-1 (Name) (Mailing Address) (Zip) TELEPHONES: (Home) (Work) (Mobile) PROPERTY LOCATION (Address and Complete (Long) Legal Description): L• i 3 h,/ 5 7-14-4_vt/4 7-ER /V iJ. LAl AI S .62,F - 0/- 3/- tookoi • E A 7-r/E-o L-cC7-AL0.6-75"( P //a/ DETAILED REASON FOR REQUEST: ZA_1 A.1 6- 7-F. r) PR.caLTEc_r Al (Fax) 5 5.0 4E0 *VARIANCE REQUESTS: As outlined in Section 301.060 C, of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: In signing this application, I hereby acknowledge that 1 have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. 1 further acknowledge the fee explanation as outlined in the annlication procedures and hereby aeree to nay all statements received from the City nertainine to additional application expense. Signature of A 1/22/2004 nt De e Sgnature of City of Lake Elmo • 3800 Laverne Avenue North • Lake E1mo • 55042 • 651-777-5510 • Fax 651-777-9615 City of Lake Elmo DEVELOPMENT APPLICATION FORM El Comprehensive Plan Amendment El Variance (See below) 0 Zoning District Amendment E Text Amendment El Flood Plain C.U.P. Conditional Use Permit 0 Minor Subdivision El Lot Line Adjustment Residential Subdivision Sketch/Concept Plan Conditional Use Permit (C.U.P.) Ei Site & Building Plan Review Fee $ [11 Residential Subdivision Preliminary/Final Plat O 01- 10 Lots O 11 - 20 Lots O 21 Lots or More LJ Excavating & Grading Permit El Appeal IPUD APPLICANT: / 4 Adu-iy /14 A 4.A,4 9u/ 5" 7-- 854'q rizo i pv00 0 ripA I 4. AkR.7-A-7 _1.4 le_. EL.A-pa it -a/ 5-5-0412 (Name) (Mailing Address) (Zip) TELEPHONES: 6'57 - 777- 0&55 66/- 775- 9}810 (Home) (Work) (Mobile) (Fax) FEE OWNER: ES r-4- 7-E 6r 1,aV #,/ k—krEr)/2" c..-1 (Name) (Mailing Address) (Zip) TELEPHONES: (Horne) (Work) (Mobile) (Fax) PROPERTY LOCATION (Address and Complete (Long) Legal Description): 9,13271 77-/ 4-L_LA/4r-eg 1(//D ,J. AWE &-2.-/-4C) A"/ • 554942 P. r o - - /Doe-) / 7774 Z:)4-75( P If/ DETAILED REASON FOR REQUEST: CoxleePr pjji2Zi/'el./ .F-4,4 OP DE VEI-to P A4 EA17-- A Ali) Ada .e...r/ us" E 4912 6g z7g-2-4,/z_ E 1,,,e.c.r,E5C-7- A/4/ze4 vE. *VARIANCE REQUESTS: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the Applicant must demonstrate a hardship before a variance can be granted. The hardship related to this application is as follows: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the Citv pertaining to additional application expense. kibta Signature of Appli Date I/22/2004 City of Lake Elmo • 3800 Laverne Avenue North • Lake Elmo • 55042 • 651-777-5510 • Fax 651-777-9615 Folz, Freeman, Erickson, Inc. March 22, 2010 Mr. Kyle Klatt Planning Director City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: Malmquist letter dated March 11, 2010 And City Engineer comments dated March 17, 2010 LAND PLANNING• SURVEYING • ENGINEERING Mr. Klatt, Your letter dated March 11, 2010, regarding Tammy Malmquist's application for a Comprehensive Plan Amendment, Zoning Text Amendment, an Open Space Development / Planned Unit Development Concept Plan stated the application was incomplete. We understand that this is a complex and multifaceted request and fully expected that questions would arise during this initial process. We have reviewed the items in your letter and trust the following explanations and additions will satisfy the requirements of the City of Lake Elmo: First addressed are the items you have referenced according to the Open Space Preservation Ordinance. a. "The location and description of the vegetative cover. " • We have created a "Sheet 15" for insertion into our concept submittal dated February 18, 2010. The title of Sheet 15 has been changed to "Concept Layout —Landscape". Labels have been added to the existing wooded areas. Additionally, please note that Sheet 5 "Existing Site Features" of our original submittal contains photographs and descriptions of the existing vegetative cover. b. "Calculated area for the drainage way and ponding areas," • See revised Sheet 13 where areas in square feet have been added to the four proposed ponding areas. Both location and size of the ponds are subject to change following completion of site engineering and a site drainage analysis. Storm water and storm sewer is discussed in item IV A. (3) of the original narrative submittal. It is the intention of the developer and Folz, Freeman, Erickson, Inc. to comply with the City of Lake Elmo Storm Water and Erosion and Sediment Control Ordinance in addition to the requirements of the Valley Branch Watershed District. c. "Proposed public park areas. " • It is the developers' intent to contribute a park fee in lieu of parkland dedication. The Comprehensive Plan does not indicate a park in this area, so it is our assumption the Park Board will require cash in lieu. d. "A general landscape plan, " • We have created a "Sheet 15" for insertion into our concept submittal dated February 18, 2010. The title of Sheet 15 has been changed to "Concept Layout —Landscape". We have added a legend to the sheet that identifies the 51 plantings that were previously shown on our submittal as deciduous or coniferous. A final landscape plan, in accordance with Section 150.18 of the OP Ordinance, will be part of our preliminary plat submittal. e. "Statement of intent establishing a homeowners association... " • It is the developers' intent to create a homeowners association. The association will own, manage and maintain all open space. The only city utility currently servicing the site is city water. The association • will maintain all of the private utilities. Sheets 6 through 9 of our original submittal clearly illustrate that .the principal and accessory structures will be constructed with a "farm theme". 12445 55th Street North, Lake Elmo, MN 55042 e Amax (651) 439.8833 • Fax: (651) 430-9331 • Website: www,fire-inc.cota Brum A. Fok, LS rFreamon, LS Todd Ilriciaort, JE 1939 26t21 P* icipard Principal 3/22/2010 Malmquist Submitall Page 2 of 3 f "Proposed staging plan," • No staging plan is necessary as it is the developers plan at this time to build out the entire project as one construction project. g. "Historic preservation plan". • Developer will not submit a historic preservation plan as no credits are being sought for the planned refurbishing of the existing structures as shown on Sheet 7 of our original submittal, Secondly are the items you have referenced according to the PUD — Planned Unit Development Ordinance: a. "Information pertaining to parking areas .... " • Sheet 4 of our original submittal shows locations and stripping for proposed off street visitor parking. Additionally, Sheets 9 and 10 of our original submittal discuss and include a concept plan for an underground parking facility with 43 parking stalls. The proposed underground parking would provide parking for the proposed 40 unit senior housing structure. Each of the town homes would have a driveway and attached garage for parking. b, "Population — a report on the population density and building intensity for the various proposed land uses. • Sheet 13 of our original submittal addresses the open space and unit calculations. This requirement is difficult to answer at this conceptual stage of development given the definition of density being a number of units — people, dwellings, square feet of building — in a given land area. As stated earlier there are 40 units planned for the senior housing complex. With a combination of units ranging in size from 1,000 square feet to 1,800 square feet, some being one bedroom units and others being two bedroom units, we would anticipate a population of 60 people in the senior housing complex. In the ten town home units, which were discussed on sheet 8 of our original submittal, we would anticipate a population of 15 people, The existing structure located at the entrance of the development would he a single family structure with an anticipated population of 2 people. Using the definition of number of people (77 full time residents) to a given land area (total site area = 30.9 acres, or 1,346,004 square feet), the estimated population of the development would be 1 person per 17,480 square feet of total land area, The population (or attendance) of the proposed farm school and existing daycare is yet to be determined. • Building intensity is even more difficult to determine at this conceptual stage given the physical size of the structures is still in the design stage. We feel that it is more important to look at the design quality than to use the physical indicator of measuring building bulk. Our original submittal clearly addresses the number of proposed structures and the design quality of this development. 3/22/2010 Malmquist Submitall Page 3 of 3 c. "Services and service facilities..." • Section IV of our original narrative submittal discusses infrastructure. The site will be serviced by a private community septic system that will be located in the open space northerly of the senior housing structure. The property is located in the city water service area and will be connected to city water. At this conceptual stage of development a complete design of other private utilities, facilities and appurtenances has not been completed. Please note that we have added a sheet 16 to our submittal that shows the location of the proposed septic system. The area available for a draM field is over 100,000 square feet, which is twice the area that we anticipate will be needed for this project. The anticipated flows will require a MPCA pen -nit. Finally are the items from the City Engineer in a transmittal dated March 17, 2010: 1) "Community septic systems...." • See Sheet 16 of this revised submittal. 2.) "The City of Lake Elmo Storm Water and Erosion and Sediment Control Ordinance must be acknowledged..." • It is the intention of the developer and Folz, Freeman, Erickson, Inc. to comply with the City of Lake Elmo Storm Water and Erosion and Sediment Control Ordinance in addition to the requirements of the Valley Branch Watershed District. 3.) "A connection to the city's water supply...." • See Sheet 16 of this revised submittal. To show our proposed connections to city water service and size of pipe through the project. We sincerely hope these explanations and clarifications will resolve any questions the City of Lake Elmo may have at this time. We would welcome further discussion if questions should arise, or if there is any confusion with the interpretation of our submittal. Respectfully, Timothy J. Freeman, Land Surveyor Principal Revised March 22, 2010 Minnesota Department of Transportation Metropolitan District Waters Edge 1500 West County Road B-2 Roseville, MN 55113-3174 April 19, 2010 Kyle Klatt, City Planner City of Lake Elmo 3800 Laverne Avenue North Lake, Elmo, MN 55042 SUBJECT: Lake Elmo Farm School & Senior Living Minnesota Departmeint of Transportation (Mia/DOT) Review #CPA1O-001 North Side of TH 5 at 315 Avenue Lake Elmo/Washington County Control Section 8214 Dear Mr. Klatt: Thank you for the opportunity to review the Lake Elmo Farm School Comprehensive Plan Amendment. Please note that Mii/DOT's review of this plan does not constitute approval of a regional traffic analysis and is not a specific approval for access or new roadway improvements, As plans are refined, we would like the opportunity to Meet with our partners and to review the updated information, Mn/DOT's staff has reviewed the document and has the following cominents: Mn/DOT would prefer that the public access to the site not be provided off TH 5, particularly if it is the only access. Better and safer access could be provided offJamaca Ave and utilize the Jamaca/TH 5 roundabout, Jamaca Court or a new east -west street that connects to Jarnaca would be a better long-term transportation solution, Ifthe access has to be from TH 5, Mn/DOT will require a west bound right turn lane and an east bound bypass lane to be constructed for the proposed street access to provide a safer access point. The location of the proposed access does not appear to meet Mn/DOT's access management standards which call for Y4 mile spacing between primary full movement intersections. These guidelines are the Department's policy for inanaging access and signal spacing on the State's Trunk Highways, The policy is intended to promote the safety and mobility of the traveling public while accommodating the access needs of the surrounding area. In addition to the spacing, Mn/DOT would prefer primly full movement intersections be aligned with each other, 315' Street and the proposed new street appear to be separated by approximately 300 feet, potentially creating overlapping turning movements. Residential Noise: Mn/DOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic, noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Bousing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities An equal opportunity employer listed in the MPCA's Noise' Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. Mn/DOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas, The project proposer should assess the noise situation and take the action deemed necessary to minimize the impact of any highway noise. If you have any questions regarding Mn/DOT's noise policy please contact Peter Wasko in our Design section at (651) 234-7681. Design: Due to the complexity of adding a right turn and a bypass lane just east of the proposed Jamaca roundabout, a Level 2 layoutwould be required. Level 2 Layout requirements may be found at ttn://www,dot.state.mit us/desian/geonietric/index.html. Please direct any questions regarding these comments to Nancy Jacobson, Mn/DOT Traffic Section, at (651) 234-7647. Wetter Resources: A Mn/DOT drainage permit will be required to ensure that current drainage rates to Mn/DOT right-of-way will not be increased. The drainage permit application, including the information below, should be submitted to: , Minnesota Department of Transpoitation Metropolitan District - Permit Office 1500 W. County Road B-2 Roseville, MN 55113 The following information must be submitted with the drainage permit application 1) A grading plan showing existing and proposed contours, 2) Drainage areamaps for theproposed project showing existing and proposed drainage areas. Any off -site areas that drain to the project area should also be included in the drainage area maps, The direction of flow for each drainage area must be indicated by arrows, 3) Drainage computations for pre and post construction conditions during the 2, 10, 50 and 100 year ram events, and 4) An electronic copy of any computer modeling used for the drainage computations, 5) Current plan set showing drainage related items. Please direct questions concerning drainage issues to Bryce Fossand (651-234-7529) or f brvcefossandastaten rims) of Mn/DOT's Water Resources section. Permits: Any work impacting Mn/DOT right of way requires a permit, Permit forins are available from Mn/DOT's utility website at httn://www.dot.state.nan.us/utility/forins/index.httni. Please inolude one full-size plan set, and an 11 x 17 inch plan set for each permit application. Please direct any questions regarding permit requirements to Buck Craig, Mu/DOT's Metro Permits Section, at ! (651) 234-7911. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Reviews Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require either: 1. One (1) electronic pdf. version of the plans (the electronic version of the plan needs to be developed for 11" x .17" printable format with sufficient detail so that all features are legible); 2. Seven (7) sets of full size plans. If submitting the plans electronically, please use the pdf, format, Mn/DOT can accept the plans via e-mail at inetrodevreviewsastate,mn,us provided that each separate e-mail is less than 20 megabytes. Otherwise, the plans can be submitted on a compact disk. ff you have any questions regarding this review please feel free to contact me at (651) 234-7792, Sincerely, Jon P. Solberg Senior Planner Copy: Ted Schoenecker, Washington County Copy via Outlook to: Ann Braden Jeff ROWS Marc Briese Adam Josephson Bryce Fossand Jeff Dierberger Buck Craig Karen Bulena Wayne Lemaniak Ted Schoenecker, Ted.Schoeneckeraco.washinaton inn .us April 7, 2010 Mr. Kyle Klatt Planning Director City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, IVIN 55042 Re: Farm School & Senior Living, 9434 Stillwater Boulevard North Dear Mr. Klatt: Thank you for submitting information and conception plans for the Farm School & Senior Living proposal. On behalf of the Valley Branch Watershed District (VBWD), I have reviewed the information and this letter provides my preliminary comments. Because the project will require a VBWD permit, I will review the project more thoroughly once a VBWD permit application is submitted. Concept Plan The proposed concept plan clusters the impervious surfaces on a ridge between the Beutel Pond's and Friedrich's Pond watersheds. Beutel's Pond is part of the VBWD's Project 1007 system and outlets to Raleigh Creek and ultimately the St. Croix River. Friedrich's Pond is landlocked and has experienced flooding problems in the past, In addition, there appears to be a small landlocked lowland northeast of the proposed pre-school, within the Freidrich's Pond watershed. Minimizing impervious surfaces and encouraging infiltration practices will protect downstream water bodies from negative water quality impacts, "flashy" inflows, and exacerbating flooding problems. The concept plan shows some proposed ponding/infiltration areas. However, it appears that additional runoff management facilities might be needed to treat runoff from all of the proposed impervious surfaces before runoff leaves the site. The applicant will need to submit calculations and design details proving the project will include features to control the stormwater runoff to the VBWD standards. Permit Requirements The proposed project will require a permit from the VBWD, and a complete permit application packet should be submitted to me. Permit application material can be obtained from the District's website, ww-w.vbwd.orenennittinu.httn, Once a complete VBWD permit application is submitted, I will review the project for conformance to the District's rules and regulations, including: • Stormwater rates, volumes, and water quality treatment • Flood levels and minimum floor elevations at least two feet above the adjacent water's 100-year flood level • Wetland delineations and protection (or documentation indicating the site has been reviewed for wetlands and none has been found) • Erosion controls • Potential downstream impacts If you have any questions, please contact me at 952-832-2622, Sincerely, P. Hanson, P.E. BARR ENGINEERING COMPANY Engineers for the District DAVID BUCHECK • LINCOLN FETCHER • DONALD SCHEEL • DALE BORASH RAY LUCKSINGER VALLEY BRANCH WATERSHED DISTRICT • P.O. BOX 838 • LAKE ELMO, MINNESOTA 55042-0538 www.vbwd,org City of Oakdale, Minnesota -established 1974-- 1584 Hadley Avenue North Oakdale, MN 55128 (651) 739-5086 (651) 730-2818 (fax) April 14, 2010 Mr. Kyle Klatt Planning Director, City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Subject: Preliminary Comments on Farm School Project proposal Dear Mr. Klatt; I have reviewed the preliminary concept plans and narrative regarding the proposed Lake Elmo Farm School & Senior Living project. Listed below are some areas that I have concerns with from a fire safety perspective. The public road width is indicated as 22' and it appears that is within city requirements for the public roadway. My concern would be that the radius of corners and curves in the circle drive portion of roadway as well as those on the private road meet or exceed minimum requirements for the turning radius of the fire departments largest vehicles. On street parking restrictions may also be required in order for fire apparatus to navigate the curving roadways. If no on street parking is allowed, are there enough off street parking spaces provided? The Private Road that provides access to the townhomes should be constructed to accommodate the fully loaded weight of the largest fire apparatus in the departments fleet. Fire hydrant locations should be determined in consultation with the fire department. This may require hydrant locations that are not directly on or near the proposed 8" water main running through the project. Mission: The City of Oakdale is committed to serve the continuing community -wide needs of our citizens by enhancing the vitality and quality of life for all Based on the size and occupancy of a number of the buildings in the proposed project fire sprinkler systems and fire alarm systems will be required. If approved the builder should work with the fire department on the location of all Fire department Connections to buildings with fire sprinkler systems. Should this proposed project continue through the process there are likely to be other more specific issues that arise as more detailed plans are provided. I would be glad to provide any further review as needed, Please feel free to contact me if you have any questions regarding this plan review. Sincerely, Jeff Anderson Fire Chief TKDA The right time, The right people, The right couipezky, MEMORANDUM 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0063 Fax www.tkda,com To: Kyle Klatt, Planning Director Reference: Farm School & Senior Living Copies To: Concept Review City of Lake Elmo Proj. No.: 14575.001 Phase 00010 From: Ryan W. Stempski, P.E. Routing: Date: April 21, 2010 A Concept Plan Narrative & Zoning Text Amendment dated February 18, 2010, were reviewed for the proposed development. A concept review of the proposed infrastructure was completed and the following comments must be addressed: A community septic system is proposed within an NSP Easement, The City will require written documentation from NSP allowing the perpetual use of the easement for the purposes of the community septic system, or an alternate location must be provided. 2. A trail system is also proposed within an NSP Easement. A written acknowledgement of the proposed location must be provided to the City by NSP allowing this use with the easement terms being acceptable to the City. The City of Lake Elmo Storm Water and Erosion and Sediment Control Ordinance must be acknowledged by the Applicant. The site will need to accommodate the required BMPs located entirely within dedicated easements to facilitate ongoing maintenance to address storm water quality and quantity per the current Ordinance. 4. The required stoim water facilities appear to be located in the open space. The required open space calculation must acknowledge this fact. 5. The proposed water plan does not appear to meet fire flow requirements for the proposed improvements, 6. The proposed road access to Trunk Highway 5 does not meet MnDOT's or the City's access spacing guidelines. As developments occur along this corridor, access management should be strongly considered and incorporated into each site plan. Connectivity to the adjacent properties to the north and east should be addressed with this development proposal. 7. Should the Trunk Highway 5 access road be allowed for this development proposal, consideration should be given to require an alternate access plan in the future as adjacent properties develop, 8. Adequate setbacks should be provided for the existing lots that will be adjacent to the proposed access road. An Employee Owned Company Promoting Affinnelig Action and Equal Opportunity Proposed Land Use Change: RAD to RAD2 (2 units per acre I+ • 2 re rebbe...kr fiCr sr NI Oe"."4"." 04 s2p4•L2mr.;••.4 rr.• 11.0 iW . ' 7r,saar • • k...Irtil}ao 0 6. 0.4%11. 000441, ' ; 4.,V141,1171, r • - 5 *.* 5 2 • Current RAD2 Areas 1 1, I.1.,,,.. eo), +4, "1":' '164t6i 't • ROAN, 4 2 to, TAIE WEtr trhrre fl Si Al € WI I lb TrliritrE EASY emErl SIM E 6,4 FJTURE. LAND USE Lake Elmo Comprehensive Plan 2005 » 2030 Limitation Of Liability s 0#''I2r, 1 7174, 4 ep r eS2led 44401 51.12644 694 lin:: ir1enc4 la be bird es onr 7 h.4. mp 42 20-,P flhvecc:11s 1,4 Trorr:Ar r7071va4425 itsis, cooly, env olt;A4, 0n3 rsse SC/WM+ Map bate; January 31, 2000 Craaind By: TKDA 44,2,414 Faai 14, 444 aiktiall • FAR•La.;,,. 'k- il t; /ticv-101, 159440* 442 a :6 R10:46.668661 4,47 l61•161 I 124 f.aIr."3 Land Use RED 40 Ernmovecatkcre rvc PF ROW RAD - OA 5 DU1Acre WAT RAD • 2 DUlAete URD = Cimarron SRO • 3.5 DUfAcre LB Future sewer in E rriployeesblcre LB Narks awa r Concept Plan Narrative Zoning Text Amendment February 18, 2010 Folz, Freeman, Eric n, lnc. LAND PLANNING • SURVEYING • ENGINEERING Lake Elmo, Minnesota 651.439-8833 Concept Plan Narrative The project as proposed, is a mixed use development featuring a farm based pre-school integrated with a residential community for people age 55 and better. This concept is unique not only to the Lake Elmo community but also to the Midwest. Lake Elmo has been a leader in innovative ways to preserve its rural heritage by being the champion of open space developments. This project is a new variation of an open space development by bringing in the unique concept of focusing on seniors working side by side with pre- school children. The "farm school" experience is not unique to the area, however the idea of children working with seniors in this environment, is a very unique and exciting concept. The property is located in the heart of Lake Elmo's farm country on the north side of Minnesota Highway 5 just east of Jamaca Avenue North. The 30.9 acre parcel is owned by the Friedrich family and has been part of the family farm heritage of Lake Elmo for well over 100 years. This unique development teams long time resident Tammy Malmquist with one of Lake Elmo's longest standing farm families. Tammy has distinguished herself as a successful owner/operator of the child care business "Wunder Years" which is now and will continue to be located at the entrance to this project. This project presents several challenges in the municipal approval process as present day ordinances do not recognize this type of unique undertaking. This application encompasses three requests to provide a means for approval: First is a Comprehensive Plan Amendment that focuses on shifting some of the designations from the Future Land Use Map. We propose to relocate the existing Future Land Use of Rural Residential for the property with RAD 2DU/acre from the property just to the west along Highway 5. There is no increase in density for the City... only a relocation of where it is located. Second is a Zoning Ordinance Text Amendment, We propose to amend the existing OP Development ordinance to allow the density and unit types for areas within the RAD 2DU/acre guided areas to allow the Senior Housing component of this project. This will require the project to still conform to the basic premise of OP by providing 50 percent open space, village green, and trails along with the other features that go with the rural feel that Lake Elmo has strived for in these developments. This type of amendment to 1 of 18 February 18, 2010 Lake Elmo Farm School & Senior Living the existing ordinance will insure that future projects cannot "piggy back" on to these development densities and thereby creating some kind of "precedent" that is unintended. • Third is a Concept Plan review and Conditional Use Permit request for the OP Development and a Mixed -Use PUD, The concept plan and conditional use permit are the framework of the OP Development. The Planned Unit Development (PUD) is required to process the project as a multi -use project. This process isn't intended to relax or negotiate any of the development standards but to allow for multiple uses within the same project. Lake Elmo Farm School & Senior Living 2 of 18 February 18, 2010 Site Conditions . PLANNING A. Project Location The subject site consists of approximately 30.9 acres including the two single family parcels on the south, The property is located in the City of Lake Elmo, Washington County, Minnesota. The site is bordered on the south by State Highway 5, small rural residential properties to the east and southwest and agricultural property on the north. B. Zoning/Comprehensive Plan The project area is currently zoned RR with a density of one unit per ten acres. This zoning district also allows for open space developments with the density of 9 units per 20 acres based on buildable area. This proposal includes a comprehensive plan amendment that will relocate RAD 2DU/acre, a type of land use, to this property to accommodate the Senior Housing component. The ordinance for OP Open Space Developments is proposed to be amended to allow the senior housing component without changing the spirit of the OP Concept. Finally, a Planned Unit Development is proposed to allow the mixed use of housing within the same project as the Farm School. II. SITE CHARACTERISTICS A. Existing Conditions The site contains one existing single family home and a daycare facility, "Wunder Years". There is also a number of existing out buildings associated with the previous Friedrich farming operation that will be utilized and preserved. The majority of the property is currently farmed. There is an area of approximately three acres that had been grazed and contains some larger white oaks, creating an oak savanna, in the north east corner of the property. This area is pristine and will be protected. There is approximately 380 feet of frontage along Highway 5 to the south, and 66 feet along Jamaca Court North to the west. B. Existing Topography & Drainage The elevation of the project varies from a high point of 947 feet msl in the center of the site to 918 feet msl in the southwest part of the site. The majority of the site drains to the southwest and to the northeast. Lake Elmo Farm School & Senior Living 3018 February 18, 2010 M. ENVIRONMENTAL CHARACTERISTICS A. Soils The Washington County Soils Survey was reviewed for preliminary geotechnical information. The Washington County Soils indicate the following soil types: Soil Number Soil Name Soil Type 49 Antigo Silt Loam 155 Chetek Sandy Loam 302 Rosholt Sandy Loam 507 Poskin Silt Loam 1847 Barronett Silt Loam The following soils are suitable for road and home construction. General ratings for development within these soil types can be summarized as follows: Soil Name Septic Use Buildine Site Development Antigo Good Fair / Frost Susceptibility Chetek Fair Good / Sandy Rosholt Good Good / Sandy Poskin Fair Good / Sandy Barronett Poor Wetness / Frost Susceptibility A number of areas of the site, according to the soils map indicate the availability of soils that can be utilized to correct the poor soils that may be found on the site. Based on the information collected and provided currently, additional soil exploration, preferably test pits, are to be completed to determine actual soils for the roadway sub -base and suitability of borrow areas that will be utilized for construction and soil corrections. The soils in the area of the identified location for the community septic appear adequate to allow for such a system. Additional testing will be required to place and size the drain field properly. The site contains some soils that may require subsoil corrections, however it appears, that the corrections can be accomplished with on -site materials avoiding additional disruption of importing materials. Lake Elmo Farm School & Senior Living 4018 February 18, 2010 B. Wetlands I. Office Investigation Based on an office review and consulting the wetlands inventory map, there appears to be no wetlands found on the property. A site examination by a wetland specialist will be required to verify this determination. C. Floodplain The Federal Emergency Management Agency (FEMA) Maps were reviewed for any possible existence of floodplains in the vicinity of the subject site, and none were found. The Valley Branch Watershed District does impose certain restrictions for the lowest floor of homes near ponding areas. Construction will be restricted to a requirement of 2-feet of separation from the emergency overflow of each of the ponds. . INFRASTRUCTURE A. Utilities I. Sanitary Sewer Sanitary sewer currently does not service the site. There are no existing trunk sanitary sewer or water main charges associated with the parcel. The City of Lake Elmo does not have plans to service this area with sewer. A community septic system is proposed to handle the septic requirements associated with this development. The area on the north end of the property appears suitable for such a system. 2. Water main The property is located in the service area of the City of Lake Elmo water distribution system. Connection to the city system will be made to the existing system located on Highway 5. 3. Storm Water & Storm Sewer A drainage analysis will be required for the project to determine the 100-year flood elevation of the ponding system and to calculate the ponding requirement for the increased impervious surface created by the development. Lake Elmo Farm School & Senior Living 5 of 18 February 18, 2010 Other requirements associated with the watershed include standard Best Management Practices, storm water treatment and rate control, items that are feasible for this project. 4. Gas, Electric, Telephone & Cable Gas, Electric, Telephone and Cable are all available to extend to the project. B. Transportation Roads/Access The layout utilized for this project features a connection to the existing right of way of Highway 5, winding north to a looped roadway that would service both the Farm School and the Senior Living area. These roadways would be classified as City streets and would be built to 22-foot wide bituminous surface, the service roadway to access the home sites and the underground parking area are private streets and will be built as an 18-foot roadway. The project may also include a right turn and bypass lane for the access to Highway 5, as determined by MN DOT and the City Engineer. Lake Elmo Farm School & Senior Living 6 of 18 February 18, 2010 Proposed Zoning Text Amendment: The following is the OP Ordinance the way it is found on the Code Website marked up in red with the proposed changes. Items in red and underlined have been added. Items in red with a strike line have been deleted. § 150.175 PURPOSE. (A) The purpose of open space preservation (OP) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan. This type of development will allow an alternative to large lot, single- family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. (B Protected open space will enhance and preserve the natural character of the community and create distinct neighborhoods. (Ord. 97-79, passed 5-1-2001) § 150.176 INTENT. (A) It is the intent of the City of Lake Elmo to accomplish the stated purpose of OP by approving a conditional use permit for portions of property currently zoned Agricultural, Rural Residential, and Rural Estate and guided as RAD and RAD2DU/acre in the comprehensive nlan; and by adopting the comprehensive development regulations contained herein. (B) In return for requiring preserved open space as contained herein; it is the intent of the City of Lake Elmo to allow dwelling unit density that will provide a development density equal to or greater than the prior zoning; AG, Agricultural, RR, Rural Residential, and RE Residential Estate. (Ord. 97-79, passed 5-1-2001) § 150.177 DEFINITIONS. Unless specifically defined in § 150.175 et seq., common definitions, words, and phrases used in §§ 150.175 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code and are found in § 11.01. (Ord. 97-79, passed 5-1-2001) 7 of 18 § 150.178 USE REGULATIONS. Within OP, the following uses axe allowed. (A) Permitted uses. (1) Single-family, detached; (2) Preserved open space; (3) Conservation easements; (4) Agriculture; (5) Suburban farms; (6) Private stables; (7) Single-family, attached; (8) Townhouses (9) Multi Family Senior Housing buildings (only in RAD 2DU/acre); (910) Wayside stant, (11) Farm Schools for pre-school children and school aged children. (B) Accessory uses. Uses that are typically found accessory to a permitted use. (C) Prohibited uses. All other uses are hereby prohibited. (Ord. 97-79, passed 5-1-2001; Am, Ord. 08-006, passed 6-17-2008) Penalty. see § 10.99 § 150.179 OP CONDITIONAL USE PERMIT REQUIRED. No property may be developed responsive to § 150.175 et seq. unless approval is obtained from the City Council following its approval of the concept plan, development stage plan, conditional use permit, and final plan described herein. Applications for Council approval shall be submitted on forms provided by the City Administrator together with all required fees, maps, surveys, and planning data. Only completed applications shall be referred to the Planning Commission for review. (Ord. 97-79, passed 5-1-2001) Penalty. see 5 10.99 § 150.180 DEVELOPMENT STANDARDS. (A) OP developments shall comply with the following minimum standards unless modified by 4/5 affirmative votes of the City Council. 8 of 18 (B) (1) Land area. Applications for a residential development in the OP District shall meet all the following criteria. (a) The minimum land area for an OP conditional use permit is a nominal contiguous 40 acres, or 20 acres in areas guided as RAD 2DU/acre in the Comprehensive Plan. The ratio of parcel length to width shall not exceed 3 to 1. The total number of dwelling units permitted shall be according to the development density criteria contained in the Comprehensive Plan. The total number of dwelling units within an OP development shall not exceed the density limitations contained in the Comprehensive Plan-fer-OP Districts. (b) The total preserved open space area within the OP development shall be at least 50% of the total buildable land area, as defined by § 11.01. Areas not meeting the definition of buildable land area shall not be not be considered to be preserved open space in determining the amount of preserved open space proposed. (c) Dwelling units shall be grouped so that at least 50% of the buildable land area of the proposed development remains preserved open space, The preserved open space shall consist of agricultural lands, natural habitat, pedestrian corridors, or neighborhood or community recreational areas. (2) Open space easement required. (a) Preserved open space standards. 1. All preserved open space shall be subject to a conservation easement and used for the purposes as defined by § 150.175 et seq. The land shall be controlled in 1 or more following manners as determined in the city's sole discretion: a. Owned by an individual or legal entity who will use the land for preserved open space purposes as provided by permanent conservation restrictions (in accordance with M.S. Ch. 84C.01-,05, as it may be amended from time to time), to an acceptable land trust as approved by the city; and/or b. Conveyed by conservation easement to the city. 2. Not less than 60% of the preserved open space shall be in contiguous parcels of not less than 10 acres, except in areas guided as RAD 2DU/acre where it shall be in contiguous parcels of not less than 5 acres. 3. Parks and recreational facilities shall be provided in addition to preserved open space as specified in the Lake Elmo Parks Plan; and, consistent with the park dedication and fees -in -lieu standards as specified by Chapter 153. 4. The preserved open space land shall be maintained for the purposes for which it was set aside. If preserved open space was set aside for agricultural purposes or for natural habitat, a plan shall be submitted which will indicate how the land will be maintained or returned to a natural state and who will be responsible for plan implementation. Developers shall provide copies of deed covenants to prospective purchasers, and conservation easements to the city, 9 of 18 describing land management practices to be followed by the party or parties responsible for maintaining the preserved open space, 5. Where applicable, a homeowner's association shall be established to permanently maintain all residual open space and recreational facilities. The homeowner's association agreements, guaranteeing continuing maintenance, and giving lien right to the city there is lack of the maintenance shall be submitted to the city as part of the documentation requirements of §§ 150.175 et seq, for a final plan. 6. Preserved open space parcels uses shall be contiguous with preserved open space or public park, on adjacent parcels. (b) Lot design. Lots shall be designed to achieve the following objectives (listed in order of priority): 1. On the most suitable soils for sub -surface septic disposal; 2. On the least fertile soils for agricultural uses, and in a manner which maximizes the usable area remaining for the agricultural use; 3. Within any woodland contained in the parcel, or along the far edges of the open fields, adjacent to any woodland (to reduce impact upon agriculture, to provide summer shade and shelter from winter wind, and to enable new construction to be visually absorbed by natural landscape features); 4. In locations least likely to block or interrupt scenic vistas, as viewed from Highway 36 and Highway 5 corridors, and other local roads as designated in the Comprehensive Plan; and Away from woodlands in open fields. (c) Structures. Homes shall be oriented on the site that meets the criteria of rural hamlet. It is desired that the structures within neighborhoods convey a particular architectural style with similar building components, materials, roof pitches. (d) Buffer zones, Where a proposed OP development abuts an existing residential development or a parcel of land not eligible for future development under the OP ordinance due to insufficient parcel area, a 200 foot setback shall be provided between the property line of the abutting parcel and any structure or driving surface within the OP development. In areas guided as RAD 2DU/acre the setback shall be 50 feet instead of 200 feet, Driving surfaces that cross the setback area at a 90 degree angle shall be the only exception. Where a proposed OP development abuts an existing OP development, or a land parcel eligible for future development under the OP ordinance, a 100 foot setback from any structure within the proposed OP development and the property line of the abutting parcel may be substituted. The setback substitution shall only be approved when there is existing mature vegetation and/or changes in topography occurring on the site proposed for development; and/or where the OP site developer introduces the physical features that provide an effective year round buffer of the structures proposed for the OP site from existing residences or development. The determination of the 10 of 18 buffering effectiveness of existing or introduced physical features that qualify a site for a 100 foot buffer shall be at the sole discretion of the City Council. (e) Boulevard landscaping. Boulevard landscaping is required along all streets to consist of at least 1 tree per every 30 feet or placed in dusters at the same ratio. A landscape plan for the entire site is required and shall consist of at least 10 trees per building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade -level. (f) Pathway. A pathway system or sidewalks shall be identified which will extend through the buildable land area or through the open space land to connect to a planned or developed pathway on adjacent parcels or to a local road. Pathways shall be linked to the "Old Village" to emphasize the connection between existing and new development. Pathways provided shall be at least equal in length to the sum of the centerline length of all public roads within the development. Pathways shall be constructed of asphalt or concrete in compliance with the standard city design plate for OP trails. (g) Densities. The maximum dwelling unit density shall be 18 units per 40 gross acres of buildable land, or 2 units Der MOSS acre in areas miided RAD 2DU/acre in the Comprehensive Plan. (h) Minimum district requirements. Open Space Preservation District (OP) Maximum Building Height: Primary Structure Accessory Structure 25 feet Single -Family Townhouse Senior Housing Buildingy 2 and 1/2 stories or 35 feet 2 and Y2 stories or 3 stories or 48 35 feet feet 1 story or 20 feet, whichever is less Minimum Lot Width: NA NA NA Y2 acre lot; 1 acre lot Maximum Impervious Surface 20%. This percentage Coverage: may be increased to 25% provided a pervious Gross Lot Area paver or comparable system is installed consistent with the City of Lake Elmo Engineering Standards Manual or storm water mitigation measures are installed to mitigate the runoff created by the NA 11 of 18 NA Minimum Setback Requirements: Front Yard additional coverage above the base district amount. All mitigation measures must be approved by the City Engineer. 30 feet ti 20 feet 20 feet lOpen Space Preservation District (OP) Single -Family Townhouse Senior Ho usine Buildines Side Yard 15 feet or 10% of lot 4-5 feet or 10% oflot NA width, whichever is width, whichever is greater Corner Lot Front 30 feet Comer Lot Side Yard 30 feet Well From Septic Tank 50 feet Minimum Lot Size: Individual Well and 1 acre Septic System Individual Well and 1/2 acre Communal Drainfield ) Utilities. greater N/A N/A 50 feet NA NA 50 feet NA NA 8,000 square feet per NA unit — single family 6.000 sauare feet per unit — multi-familv 1. OP developments may be platted to accommodate home site lots with either individual septic tanks and drainfields; or, with individual septic tanks and communal drainfields. Single-family or multiple -family lots under 1 acre shall be constructed with an individual septic tank and a communal drainfield. 2, All septic systems shall conform to the performance standards of the Minnesota Pollution Control Agency's standards for sewage treatment systems WPC-7080 and its 12 of 18 appendices, or the M.P.C.A. standards in effect at the time of installation and septic system regulations of the Lake Elmo Municipal Code. 3. Communal drainfields may be partially or completely located in an area designated as preserved open space provided: a. The ground cover is restored to its natural condition after installation; and b. Recreational uses are prohibited above or within 50 feet of communal drainfields, or as approved by the City Engineer. 4. No wetland treatment system shall be allowed within the village green. (j) Streets. Streets shall be developed according to the following standards that promote road safety, assure adequate access for fire and rescue vehicles, and promote adequate vehicular circulation. 1. Streets shall be designed according to the following standards; pavement shall be 14 to 16 feet wide for 1-way streets; pavement shall be 22 to 24 feet wide for 2-way streets; and the pavement width shall be 22 to 24 feet for streets where homes are located on 1 side of the street. 2. The minimum street right-of-way for 1-way streets shall be 40 feet and the minimum right-of-way for 2-way street shall be 50 feet, 3. Streets shall not be constructed with a rural cross-section. (Ord. 97-79, passed 5-1-2001; Am. Ord. 97-184, passed 10-3-2006; Am. Ord. 97-199, passed 11- 5-2007; Am. Ord, 08-008, passed 8-19-2008) Penalty. see § 10.99 § 150.181 HISTORIC PRESERVATION. Historic structures on the site shall be identified. (Ord. 97-79, passed 5-1-2001) Penalty. see & 10.99 § 150.182 OP DEVELOPMENT/CONCEPT PLAN. (A) Required submittals; OP development/coneept plan. The applicant shall submit 20 copies of a concept plan for a development of an OP that shall include the following information. (1) An existing conditions plan which identifies the following (drawn to a scale of 1 inch equal to 100 feet): (a) Primary conservation areas; (b) Secondary conservation areas; (c) Site topography at 2 foot contour interval; and 13 of 18 (d) Location and description of existing vegetative cover, (2) A general site plan to include the general location of all platted lots, streets, and open space areas, structures, trails, common open spaces, and parks (drawn to scale of 1 inch equal to 100 feet). (3) The applicant shall submit a schedule of site characteristics, calculated in acres, which shall include the following. (a) Environmental resources. Include map and calculated acreage of the following: 1. Total site; 2. Protected wetlands; 3 Wetland buffer/setback area; 4. 12% - 24% sloped area; 5. 25% + sloped area; and 6. Woodlands. (b) Public improvements. Include map and calculated acreage of the following: 1 Public road right-of-way; 2. Drainage way and ponding areas; 3 Trails/bikeways and sidewalks (outside of road right-of-way); 4. Utility easements; and Public parks. Proposed development. Include map and calculated acreage of the following: 1. Total residential area; 2. Total commercial land area; and 3. Total preserved open space. (d) A general landscape plan. (e) Statement of intent. If applicable, provide a statement of intent establishing a homeowners association with bylaws and deed restrictions to include, but not be limited to, the following: 14 of 18 1. Ownership, management, and maintenance of defined preserved open space; 2. Maintenance of public and private utilities; and 3 General architectural guidelines for principal and accessory structures. (f) Proposed staging plan. (g) Historic preservation plan. Where applicable, an historic preservation plan for any historic structures on the site. (B) Planning Commission review. (1) Upon receipt of a completed application for an OP developmenticoncept plan as certified to by the City Planner, the Planning Commission shall review OP development concept plan application at a public hearing preceded by 10-days published notice and 2-weeks mailed notice to the recorded owners of each parcel located within 350 feet of the perimeter of the proposed development. (2) The Planning Commission shall make its recommendations to the City Council within 30 days of receipt of a complete application, and shall include its findings on the following. (a) The concept plan is consistent with the goals, objectives, and policies of the Comprehensive Plan. (b) The concept plan is consistent with the purpose of §§ 150.175 et seq. (c) The concept plan complies with the development standards of §§ 150.175 et seq. (C) City Council review. The City Council shall review and approve or deny OP development concept plan within thirty days of the receipt of a completed application. The City Council may also table its review a reasonable time, if necessary to obtain information that will enable the Council to make a reasonable decision, and if the extension is consented to the by the applicant on the record. OP development concept plan approval shall require 3 affirmative votes of the City Council. (D) Limitation of approval. Unless an OP development preliminary plan is submitted within 12 months from the date on which the City Council approved the OP development concept plan, the concept plan approval shall expire. The City Council, in its sole discretion, may extend the filing deadline for an OP development preliminary plan and conditional use permit if an application for extension is filed and approved by the City Council before the OP development concept plan approval expires. (Ord. 97-79, passed 5-1-2001) Penalty. see § 10.99 15 of 18 § 150.183 OP DEVELOPMENT PRELIMINARY PLAN, PRELIMINARY PLAT, AND CONDITIONAL USE PERMIT. (A) Submittals, The OP development preliminary plan shall include the following: (1) A statement of city action necessary for implementation of the proposed plan; (2) Twenty sets of site plans, drawn to scale of not less than 1 inch equals 100 feet containing at least the following information: (a) Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat previously recorded in Washington County); (b) Property boundary lines and dimensions of the property and any significant topographical or physical features of the property that may have an impact on the open space or the development; (c) Loeation, dimensions, and number of all driveways, entrances, curb cuts, par stalls, loading spaces, and access aisles, and all other circulation elements including bike and pedestrian trails; and the total site coverage of all circulation elements; (d) Location, designation, and total area of all preserved open space; (e) Location, designation, and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites, and recreational facilities; Proposed lots and blocks, if any, and numbering system; The location, use, and size of structures and other land use on adjacent properties; Preliminary sketches of proposed landscaping; General grading and drainage plans for the developed OP development; (j) The development plans shall also indicate the results of deep soil test pits and percolation tests, at the rate of no fewer than 2 successful test results for each proposed septic disposal area; and (k) Any other information that may have been required by the City Council in conjunction with the approval of the OP development concept plan. (3) An accurate legal description of the entire area within the OP development for which development plans approval is sought; (4) Architectural and performance standards for the development; (5) Preliminary grading and site alteration plan illustrating changes to existing topography and natural vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan; 16 of 18 (6) A preliminary plat prepared in accordance with M.S. Ch. 505, as it may be amended from time to time, Chapter 153 of the Lake Elmo Municipal Code, and other applicable laws; (7) A Soil Erosion Control Plan clearly illustrating erosion control measures to be used during construction and as permanent measures; and (8) Homeowner's Association documents including bylaws, deed restrictions, covenants, and proposed conservation easements. (B) Planning Commission review, Upon receipt of a complete OP development preliminary plan by the city, as certified as complete by the City Planner, the City Planner shall refer the preliminary plan to the appropriate city staff, consultants, and other review agencies. The Planning Commission shall review the OP development preliminary plan and shall schedule public hearings as required for preliminary plat and conditional use permit review within 30 days of the City Planner's receipt of a completed application and shall make its recommendations to the City Council regarding the preliminary plan, conditional use permit, and preliminary plat. (C) City Council review. (1) Within 60 days of the city receipt of a complete application, the City Council shall review the OP development preliminary plan, conditional use permit, and the preliminary plat. The OP development plan, conditional use permit, and preliminary plat shall require 3 affirmative council votes for approval. (2) Upon approval, the City Council shall instruct the City Attorney to draw up an OP development agreement that stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, City Administrator, and applicant within 30 days of Council approval of the OP development preliminary plan and conditional use permit. (D) Limitation on preliminary plan approval. Unless a final plan covering the area designated in the preliminary development plan as the first stage of the OP development has been filed within 6 months from the date Council grants approval, or in any case where the applicant fails to file final plans and to proceed with the development according to the provisions of §§ 150.175 et seq., the preliminary development plan and conditional use permit shall expire. The Council may, at its discretion, extend the filing deadline for any final plan when, for good cause shown, the extension is reasonable. In any case where preliminary development plan and conditional use permit approval expires, the concept plan approval and preliminary development plan approval for;that portion of the OP development that has not received final plan approval is void. (Ord. 97-79, passed 5-1-2001) Penalty, see & 10.99 § 150.184 OP DEVELOPMENT FINAL PLAN. (A) The purpose of the final plans is to provide a complete, thorough, and permanent public record of the OP development and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the OP 17 of 18 development process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the OP development. (B) (1) Submittals required. After approval of the concept plan and preliminary plan for an OP development, the applicant shall submit the following material for review by the city staff prior to the issuance of any building related permits: (a) A detailed landscaping plan; (b) All easements and restrictive covenants; (c) All certificates, seals, and signatures required for the dedication of land and recording of documents; (d) General architectural working drawings of all historic structures to be rehabilitated; (e) Final engineering plans and specifications for streets, utilities, and other public improvements, together with all required development agreements for the installation of the improvements; (f) Any other plans, agreements, or specifications reasonably necessary for the city staff to review the proposed construction; and (g) Final plat. (2) City Council review. The final plan is intended only to add administration detail to, and to put in final form, the information contained in the concept plan and the preliminary development plan, and shall conform to the concept plan and preliminary development plan. The city shall review and approve the final plan and final plat within 60 days of receipt of a complete final OP development plan and final plat, as certified as complete by the City Planner. (Ord. 97-79, passed 5-1-2001) Penalty. see 10.99 § 150.185 RECORDING OF FINAL PLAT. The applicant shall submit to the city the recordable final plat drawings; all easements, deeds, plans, fees, financial security, and the other documentation as may be required by the development agreement within 30 days of final plan and final plat approval by the City Council. The recordable Final Plat, approval resolution, and the other documents that require recording shall be released by the city to the applicant for the recording only upon review and approval by appropriate city staff; and, execution by the applicant and required city officials. (Ord. 97-79, passed 5-1-2001) Penalty. see & 10.99 18 of 18 Ed Gorman Gorman's Restaurant 11011 Stillwater Blvd Lake Elmo Minnesota May 10 , 2010 City Of Lake Elmo Mayor & City Council Members RECEIVED-7 • MAY 1 1 Z010 L CITY OF LAKEELMO Re: Proposed Senior Housing & Farm School @ 9434 Stillwater Blvd Dear Mayor and City Council Members , I am unable to attend the City Council meeting on Tuesday May 18th, 2010 and would like to submit my comments to you in writing prior to the meeting . I have owned and operated our family restaurant in Lake Elmo for 30 years . I have witnessed many good things come and go in this great town ! Its my understanding that the Lake Elmo Planning Commission has voiced its support for this proposed project . The project is small in scale and has the support of the neighboring property owners . Many citizens that live in Lake Elmo have made it known at various meetings that they support the proposed plan . It also appears that it would have minimal demands of any City services. I have not heard one negative comment on this proposal and there are thousands of customers every week in our restaurant. Believe me if there were any I would know ! In our restaurant I have spoken to many people who live in town and would consider relocating there when the time comes . Currently the City Of Lake Ehno does not have a plan to retain its senior population by allowing some options for them to move into . I know the Old Village plan could provide something , but that is just not going to happen anytime to soon . It seems that the seniors just get older and leave town ! I know of many seniors over the past 30 years that have done just that! They still come to our restaurant but they just live in another town . What a shame the city has not been more proactive in this area . The proposed project will be a PUD and have a CUP attached to it . So just where is the risk for the City ? It would appear that the City would be protected and be able to hold the developers accountable thru many stages of the project . The developers are even proposing to save the Friedrich farms Oak Savannah on the site . Most developers would just mow that down and put another building there . At a time when there are very few if any other proposals on the table in Lake Elmo , it would be a shame to let this one get away The City currently has a agreement with Met Council ( like it or not) that it will have a hard time fulfilling . As a existing tax payer that concerns me very much. This proposed project would allow the City to chip away at the new housing units it agreed on and at the same time keep its rural character in the area around the proposed development site . I understand there was a suggestion to locate the proposed project at another site in the City . What a foolish thought - I can't imagine anything the City could offer them right now anywhere in town that would make any more sense than what has been proposed ! The zoning can work, the neighbors are all in support , new additional tax payers would be added to the City tax base and it would address a important need for our seniors just where is the problem ? It also has been said that there could be a traffic problem . What ?!? Our restaurant is just down the road and there are hundreds of cars per day coming in and out of our parking lot and we don't have a traffic problem ! Most of the developers are gone , banks are tightening up their lending procedures for many projects and the City Of Lake Elmo is going to be challenged attracting new housing projects - large or small to town . Now I am not saying that the City should accept every proposal that eomes their way , but this one makes sense ! Don't let this one get away! I encourage all of you to support this proposed development and in doing so you will help retain our senior population in this great town! ( You might even attract some new ones) Sincerely, Ed Gorman owner / operator Gorman's Restaurant Lake Elmo Minnesota CITY OF III LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 5/18/10 REGULAR ITEM: 11 ACTION: ORDINANCE 08-025 RESOLUTION 2010-024 AGENDA ITEM: OP Ordinance Overlay District Zoning Amendment related to a Farm School and Senior Living Project at 9434 Stillwater Boulevard North — PID's: 15-029-21-31-0001 and 15-029-21-31-0003 SUBMITTED BY: THROUGH: REVIEWED BY: Kyle Klatt, Planning Director Bruce Messelt, City Administra o Kelli Matzek, City Planner Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council is asked to review a proposed amendment to the Lake Elmo City Code creating a new overlay district that would allow higher density development within the context of an OP Open Space Preservation project. This ordinance was drafted in accordance with the Planning Cormnission's unanimous decision on May 10th, 2010 to pursue an alternative to the Zoning Amendment originally proposed by staff and the applicant, Mrs. Tammy Malmquist, 8549 Ironwood Trail North, relating to a senior living/farm school development proposal. The complete application from Mrs. Malmquist, including a requested Comprehensive Plan Amendment (item #10 on tonight's Agenda), an Overlay Zoning District, an OP Development Concept Plan and a Planned Unit Development Concept Plan, would allow the establishment of a 40-unit senior living multi -family building, 10 townhouse units, and a farm-themed preschool on a 30.9 acre parcel at 9434 Stillwater Boulevard North. The recommended motion to act on this portion of the approval process (Overlay Zoning District) is as follows: "Move to adopt Ordinance 08-025 creating a new zoning district and standards associated with an OP-2 Open Space Preservation Overlay District and Resolution 2010-024 authorizing summary publication of this Ordinance" BACKGROUND INFORMATION: The Applicant's request, as discussed in greater detail at the May 4th, 2010 Council meeting and tonight's previous Agenda item, included proposed amendments to the City's Comprehensive Plan and existing OP Open Space Preservation Ordinance to allow a proposed senior living/farm school development to proceed as an Open -- page 1 -- City Council Meeting OP-2 Overlay District May 18th, 2010 Regular: Agenda Item #11 Space Development. The Planning Commission unanimously recommended approval of the first part of the multi -tiered request, a Comprehensive Plan Amendment, but tabled taking action on the originally -proposed ordinance revisions. The Commission directed staff to prepare an alternate ordinance that, rather than amending the existing OP Ordinance, would instead create a new overlay zone intended for properties guided for RAD2 (2 units per acre) on the City's Future Land Use Map. Based on the direction provided by the Planning Commission, Staff prepared a draft ordinance creating a new overlay district to be called the OP-2 Open Space Preservation Overlay District. All of the standards proposed by the applicant have been carried forward into this new district, which references all of the provisions in the current OP Ordinance, but adds language (as requested by the applicant) that allows for new uses and new district standards that would apply only to the areas with the overlay district. Staff also suggested additional provisions that were not requested by the applicant, but that should help clarify and provide consistency throughout the City Code as follows: • Adding definitions for all the terms that are used in the proposed ordinance provisions. • Including building standards (primarily setbacks) for Senior Housing Buildings that were not addressed by the applicant. • Keeping a side yard setback for townhouses in OP Districts as part of the district standards table. A reduction or elimination of side yard setbacks would be appropriate to consider as part of a Planned Unit Development. Please note that the current OP Ordinance appears to use the term "townhouse" when it should describe a "single family attached" dwelling. • Using the existing OP District language that considers only the "buildable area" in the maximum density calculations, not gross area. Please be advised that although Staff is calling the proposed district an "overlay" district, the City regulates OP Districts as a conditional use for properties zoned Agricultural, Rural Residential, or Residential Estates. From a technical perspective, the OP District itself functions as an overlay, since the underlying zoning is not changed when an OP development is approved by the City (this is a change from earlier ordinances which established a separate district for these developments). In order to provide clarity between OP and OP-2 as proposed, Staff is recommending that the overlay terminology be used to differentiate between these two districts. If the City Council finds this language confusing, an alternate name for the OP-2 District could be considered. PLANNING COMMISSION REPORT: The Planning Commission considered the proposed OP-2 Overlay District amendment at its May 10, 2010 meeting. A few of the discussion topics that were considered by the Planning Commission included the following: • What does the term "senior" mean when used with "senior housing"? Is there a specific age that should be regulated differently than others? -- page 2 -- City Council Meeting OP-2 Overlay District May 18th, 2010 Regular: Agenda Item #11 Should the City approve a project as a Senior Housing project if there is not an age - restriction associated with the project? Should the City's definition of Senior Housing require an age restriction? Is there an appropriate mix of senior living and market -based apartments/condominiums that is acceptable? Does the City need to differentiate between a preschool and a "farm -based" preschool? As drafted, the ordinance proposed by the applicant would allow a "farm -based" school for school -aged children. Is a school, or educational programs, for kids older than preschool age appropriate as part the overlay zoning district? The Commission reviewed the draft and made recommendations for changes to certain portions of the draft, including: • Requesting that Staff research the licensing requirements and definitions used in the State Statutes for preschool, and including this information as appropriate in the draft ordinance. • Adding townhouses to the list of permitted uses with a provision that no more than 50% of a project could consist of townhouse units. • Requiring that all OP-2 Developments be permitted as a Planned Unit Development. • Specifying that the buffer setback be 100 feet for structures and 50 feet for driving surfaces, • Adding Farm -based Preschools to the development standards table. • Revising the district setback and impervious coverage requirements. The Planning Commission unanimously recommended that the City Council approve the proposed amendment to the City Code related to an OP-2 Open Space Preservation Overlay District, STAFF REPORT: Original comments from Staff concerning the applicant's initial request for OP Ordinance Zoning Text Amendments were included in the previous Staff report to the Council on this matter. As Staff has prepared the Ordinance for consideration by the City Council, there are a few additional changes that Staff recommends be included as part of the Ordinance, beyond the amendments recommended by the Planning Commission. These changes are shown in green in the attached Draft Ordinance and include slightly revised definitions, based upon Staff s research of state licensing requirements, and a new statement concerning the keeping of domestic farm animals. All additional revisions proposed by Staff that were not specifically reviewed by the Planning Conu-nission are depicted in green on the enclosed Draft Ordinance. Staff has undertaken these additional changes within the intent and -- page 3 -- City Council Meeting OP-2 Overlay District May 18th, 2010 Regular: Agenda Item #11 spirit of the Planning Commission's actions and also indicated these as separate considerations in the official Ordinance for review by the Council. Any changes made to this official document will be only as accepted and/or directed by the City Council. RECOMMENDATION: Based upon the above background information, Planning Commission action, and staff report, it is recommended that the City Council discuss and consider the proposed OP-2 Overlay Zoning amendment. Affirmative action may be taken by the following motion: "Move to adopt Ordinance 08-25 creating a new zoning district and standards associated with an OP-2 Open Space Preservation Overlay District and Resolution 2010-04 authorizing summary publication of this Ordinance" Alternatively, the City Council may elect to act only upon the ordinance language recommended by the Planning Commission; table consideration at tonight's meeting, or direct the Planning Commission to consider a different type of zoning amendment. It should be noted, however, that further delay of action tonight may require the concurrence of the applicant, given state statutes governing timely responses to land use applications. The City Council may also deny the proposed amendment with the identification of findings of fact (which may also correlate with previous Council action concerning the proposed senior living/farm school Comprehensive Plan Amendment). Finally, the Council may amend the proposed Ordinance at tonight's meeting. If the latter is undertaken, the recommended motion would be to: "Move to adopt Ordinance 08-25 creating a new zoning district and standards associated with an OP-2 Open Space Preservation Overlay District, as amended at tonight's meeting, and Resolution 2010-024 authorizing summary publication of this Ordinance" ATTACHMENTS: 1. Draft OP-2 Open Space Preservation Overlay District (with optional language) 2. Ordinance No 08-025 3. Resolution No, 2010-024 4. See Attachments for Item 10 page 4 -- City Council Meeting OP-2 Overlay District May 18th, 2010 Regular: Agenda Item #11 SUGGESTED ORDER OF BUSINESS: - Introduction of Item City Administrator Report/Presentation ...... ........ ...... ......... ....... ........ ....Planning Director Questions from Council to Staff Mayor Facilitates Applicant Presentation, if appropriate Applicant Questions from Council to Applicant Mayor Facilitates Public Input, if Appropriate ................... ...... .............. ...... Mayor Facilitates Call for Motion Mayor & City Council Discussion ........ ............ ..... ...... . ...... ........... ............. Mayor & City Council Action on Motion... ............ ......... .............................. ...... Mayor Facilitates -- page 5 -- DRAFT ORDINANCE — OVERLAY ZONING Lake Elmo Planning Department: 5/6/10 Planning Commission Revisions — 5[10/10 Notes: Green text is optional language that adds provisions beyond those reviewed by the Planning Commission, but has been suggested by Stein response to some ofthe issues raised by the Planning Commission, § 11.01 DEFINITIONS. Elderly Housing (Senior Housing). A facility consisting of three or more dwelling units, the occupancy of which is limited to persons 55 years of age or older. The facility may include medical facilities or care as an accessory use. Senior housing shall typically consist of multiple -household attached dwellings, but may include other forms of ;ittached or detached dwelling units as part of a wholly owned and managed senior project. Senior Housing. See Elderly Housing, Preschool. A facility for the organized instruction of children who have not reached the age for enrollment in kindergarten. Does not include the school aged child care. Farm School. A school program that emphasizes fostering a child's intellectual, social, physical, and emotional growth, using farm animals, giMk:91 agriculture, and nature as the learning environment and conducted as part of an operational farm. OPTIONAL DEFINITIONS — ADD/DELETE: Day Care Center — Any facility licensed by the Minnesota Department of Human Services and operated for the purposo oCprovicring pi-MO:1100, tall! uidance to 14 or more (1111illg Only Mid of a hveray-four hour day. This term includes nursery schools, preschools. dav care centers for indi\jduals, and other similar uses but excludes public. and private educational facilities or any facility offering care to individuals for a Cull twenty-four -hour period, Schools. Public and Private --- Establishments ',it he primary, elementary, middle, junior hii4h, or high school level that provide stale mandated basic: education. Accessory uses include play areas. CaletefittS. l`c..!CI"CittOiL.11 ;Old SpOril ttlidttOrit.1111S„ and before or after school day care. Examples include public and privoic daviiinc schools„ boarding schools, and military academics. kxemptions, I ) Preschools Day Care Facilities. and 2) Business Schools and Professional Private ri ad e Sebook. wil-cfc,---€411,c-is-i)Rwi,deci for 3 ci----tooro-ohiktfen-ti.tider tilfnv -per day-for-pa-5,, § 154.067 OP-2 — OPEN SPACE PRESERVATION OVERLAY DISTRICT. (A) Purpose. The purpose of the Open Space Preservation Overlay District (OP-2) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors. and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan. This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. The OP-2 Overlay District allows for higher density development than is permitted under the OP District regulations at a density of up to 2 units per acre. In addition to single family residences and townhouses, multi -family housing for seniors is permitted in this district. (B) General regulation. All regulations governing the OP Open Space Preservation District shall also apply to properties zoned OP-2 Open Space Preservation Overlay District except as outlined in this section. (C) 'Permitted uses. Permitted uses and the general requirements of such in the OP-2 Overlay District shall be the same as in the OP District and also include the following: Senior Housing (2) Farm Schools for pre-school children and school -aged children. (D) Development. Standards. The development standards for the OP District shall also apply to properties zoned OP-2 Overlay District unless modified by 4/5 affirmative votes of the City Council and with the following exceptions: (2) The minimum land area for an OP-2 conditional use permit is a nominal contiguous 20 acres. (3) Not less than 60% of the preserved open space shall be in contiguous parcels of not less than 5 acres. (4) BitIfizr :ones. A foot setback shall be provided between the property line of the abutting parcel and any structure driving surface within an OP-2 development. (5) Deasitics. The maximum dwelling unit density shall be 2 units per gross acres of buildable land. (7) Doinc..\vic Foini •Thc keeping of domestic farm animals related. to an irigricultural use or farm -bed preschool within a development shall comply with dI ipplicahle Ciiv and MPCA rectuirements relaled to livestock and other domestic farm animals. (7) Alininium District Requircment. The minimum district requirements in the OP-2 Overlay District shall be the same as in the OP Zoning District except as noted below: Maximum Building Height: Primary Structure Accessory Structure OP-2 Overlay District Senior Housing - Buildings 3stories or 48 feet fc:ci Minimuni Lot Width: NA 1/2 acre lot; 1 acre lot Maximum Impervious Surface Coverage: -)5°,/0 Calculated on a development -wide basis 5 feet fuet Minimum Setback Requirements: Front Yard 20 feet Side Yard Comer Lot Front 20 feet Corner Lot Side Yard 20 feet Well From Septic Tank Lot Size: OP-2 Overlay District Senior Housing Buildings' 50 feet Individual Well and NA Septic System Individual Well and 6,000 square feet per Communal Drainfield unit CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-025 AN ORDINANCE ADDING AN OP-2 OPEN SPACE PRESERVATION OVERLAY DISTRICT TO THE CITY CODE SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to eliminate existing definitions as follows: Y. A 'ace where care is provided for 3 or more children un e kindergarten age for piods of 4 hours or more per day for pay. SECTION 1 The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to add the following definitions in alphabetical order with the already existing definitions: ELDERLY HOUSING (SENIOR HOUSING). A facility consisting of three or more dwelling units, the occupancy of which is limited to persons 55 years of age or older. The facility may include medical facilities or care as an accessory use. Senior housing shall typically consist of multiple -household attached dwellings, but may include other forms of attached or detached dwelling units as part of a wholly owned and managed senior project. SENIOR HOUSING. See Elderly Housing. PRESCHOOL, A licensed facility for the organized instruction of children who have not reached the age for enrollment in kindergarten. Does not include the school aged child care. FARM SCHOOL, A facility that supports a school program that emphasizes fostering a child's intellectual, social, physical, and emotional growth, using farm animals, agriculture, and nature as the learning environment and conducted as part of an operational farm. DAY CARE CENTER — Any facility licensed by the Minnesota Department of Human Services and operated for the purpose of providing care, protection, and guidance to 14 or more individuals during only part of a twenty-four hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four hour period. SCHOOLS, PUBLIC AND PRIVATE — Establishments at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education, Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care. Examples include public and private daytime schools, boarding schools, and military academies. Exemptions: 1) Preschools are classified as Day Care Facilities, and 2) Business Schools and Professional Private Trade Schools. SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by adding the following language: § 154.067 OP-2 — OPEN SPACE PRESERVATION OVERLAY DISTRICT. (A) Purpose. The purpose of the Open Space Preservation Overlay District (OP- 2) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan. This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. The OP-2 Overlay District allows for higher density development than is permitted under the OP District regulations at a density of up to 2 units per acre. In addition to single-family residences and townhouses, multi -family housing for seniors is permitted in this district. (B) General regulation. All regulations governing the OP Open Space Preservation District, Sections 150.175 through 150.189, shall also apply to properties zoned OP-2 Open Space Preservation Overlay District except as outlined in this section, (C) Permitted uses. Permitted uses and the general requirements of such in the OP-2 Overlay District shall be the same as in the OP District and also include the following: (1) Senior Housing (2) Farm Schools for pre-school children and school -aged children. (3) Townhouses (no more than 50% in any development) (D) Development Standards. The development standards for the OP District shall also apply to properties zoned OP-2 Overlay District unless modified by 4/5 affirmative votes Of the City Council and with the following exceptions: (1) All development within an OP-2 district shall only be permitted as a Planned Unit Development. (2) The minimum land area for an OP-2 conditional use permit is a nominal contiguous 20 acres. (3) Not less than 60% of the preserved open space shall be in contiguous parcels of not less than 5 acres. (4) Buffer zones. A 100 foot setback shall be provided between the property line of the abutting parcel and any structure and a 50 foot setback shall be provided between the property line and any driving surface within an OP-2 development. (5) Densities. The maximum dwelling unit density shall be 2 units per gross acres of buildable land. (7) Domestic Farm Animals. The keeping of domestic farm animals related to an agricultural use or farm -based preschool within a development shall comply with all applicable City and MPCA requirements related to livestock and other domestic farm animals. (7) Minimum District Requirement. The minimum district requirements in the OP-2 Overlay District shall be the same as in the OP Zoning District except as noted below; OP-2 Overlay District Senior Housing Farm -based Buildings Preschool Maximum Building Height: Primary Structure 3stories or 48 feet 35 feet Accessory Structure 25 feet 25 feet Minimum Lot Width; NA NA V2 acre lot; 1 acre lot Maximum Impervious Surface Coverage; Calculated on a development -wide 25% 25% basis Minimum Setback Requirements: Front Yard 20 feet 30 feet Side Yard 10 feet 10 feet Corner Lot Front 20 feet 30 feet Corner Lot Side Yard 20 feet 30 feet OP-2 Overlay District Senior Housing Farm -based Buildings Preschool Well From Septic Tank 50 feet 50 feet Minimum Lot Size: Individual Well and NA NA Septic System Individual Well and 6,000 square feet per NA Communal Drainfield unit SECTION 4. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date This Ordinance No. 08-025 was adopted on this 8 day of May 2010, by a vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator This Ordinance No 08-025 was published on the day of , 2010. CITY OF LAKE ELMO RESOLUTION NO. 2010-024 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-025 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-025, an ordinance to update the existing city code to improve consistency with the storm water and erosion and sediment control ordinance; 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 suxnmary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following summary of Ordinance No. 08-025 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No. 08-025 which adds a new zoning district with district standards to the Zoning Ordinance and described as "OP-2 Open Space Preservation Overlay District". This new Zoning District specifies that all regulations governing the OP Open Space Preservation District shall also apply to properties zoned OP-2 Open Space Preservation Overlay District except as outlined in the ordinance. The OP-2 District specifically allows for an increase in density (up to 2 units per acre) and additional uses (including multi -family senior housing and farm -based preschools) beyond those allowed in the current OP district, The full text of Ordinance No. 08-025 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance in his office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. .1 I Dated: May 18, 2010. ATTEST: Bruce A. Messelt City Administrator (SEAL) Mayor Dean Johnston 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. Ed Gorman Gorman's Restaurant 11011 Stillwater Blvd Lake Elmo Minnesota May 10 , 2010 City Of Lake Elmo Mayor & City Council Members RECEIVED MAY 112010 CITY OF LAKE ELMO r...,•••••••.a.miladawsalowersk10•410.4•26..., Re: Proposed Senior Housing & Farm School @ 9434 Stillwater Blvd Dear Mayor and City Council Members, I am unable to attend the City Council meeting on Tuesday May 18th, 2010 and would like to submit my comments to you in writing prior to the meeting . I have owned and operated our family restaurant in Lake Elmo for 30 years . I have witnessed many good things come and go in this great town ! Its my understanding that the Lake Elmo Planning Commission has voiced its support for this proposed project . The project is small in scale and has the support of the neighboring property owners . Many citizens that live in Lake Elmo have made it known at various meetings that they support the proposed plan . It also appears that it would have minimal demands of any City services. I have not heard one negative comment on this proposal and there are thousands of customers every week in our restaurant. Believe me if there were any I would know ! In our restaurant I have spoken to many people who live in town and would consider relocating there when the time comes Currently the City Of Lake Elmo does not have a plan to retain its senior population by allowing some options for them to move into . I know the Old Village plan could provide something , but that is just not going to happen anytime to soon. It seems that the seniors just get older and leave town ! I know of many seniors over the past 30 years that have done just that! They still come to our restaurant but they just live in another town . What a shame the city has not been more proactive in this area. The proposed project will be a PUD and have a CUP attached to it So just where is the risk for the City ? It would appear that the City would be protected and be able to hold the developers accountable thru many stages of the project. The developers are even proposing to save the Friedrich farms Oak Savannah on the site . Most developers would just mow that down and put another building there . At a time when there are very few if any other proposals on the table in Lake Elmo , it would be a shame to let this one get away! The City currently has a agreement with Met Council ( like it or not) that it will have a hard time fulfilling . As a existing tax payer that concerns me very much. This proposed project would allow the City to chip away at the new housing units it agreed on and at the same time keep its rural character in the area around the proposed development site . I understand there was a suggestion to locate the proposed project at another site in the City . What a foolish thought - I can't imagine anything the City could offer them right now anywhere in town that would make any more sense than what has been proposed ! The zoning can work , the neighbors are all in support , new additional tax payers would be added to the City tax base and it would address a important need for our seniors - just where is the problem ? It also has been said that there could be a traffic problem What ?!? Our restaurant is just down the road and there are hundreds of cars per day coming in and out of our parking lot and we don't have a traffic problem ! Most of the developers are gone , banks are tightening up their lending procedures for many projects and the City Of Lake Elmo is going to be challenged attracting new housing projects - large or small to town. Now I am not saying that the City should accept every proposal that comes their way , but this one makes sense ! Don't let this one get away! I encourage all of you to support this proposed development and in doing so you will help retain our senior population in this great town ! ( You might even attract some new ones) Sincerely , Ed Gorman owner / operator Gorman's Restaurant Lake Elmo Minnesota ITY OF LAKE ELMO A YOR & COUNCIL COM/WUN/CA PON DATE: 5/18/10 REGULAR ITEM: 11 ACTION: ORDINANCE 08-025 RESOLUTION 2010-024 AGENDA ITEM: OP Ordinance Overlay District Zoning Amendment related to a Farm School and Senior Living Project at 9434 Stillwater Boulevard North — PID' s: 15-029-21-31-0001 and 15-029-21-31-0003 SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Kelli Matzek, City Planner Dave Snyder, City Attorney SUMMARY AND ACTION REQUESTED: The City Council is asked to review a proposed amendment to the Lake Elmo City Code creating a new overlay district that would allow higher density development within the context of an OP Open Space Preservation project. This ordinance was drafted in accordance with the Planning Commission's unanimous decision on May 10th, 2010 to pursue an alternative to the Zoning Amendment originally proposed by staff and the applicant, Mrs. Tammy Malmquist, 8549 Ironwood Trail North, relating to a senior living/fann school development proposal. The complete application from Mrs. Malmquist, including a requested Comprehensive Plan Amendment (item #10 on tonight's Agenda), an Overlay Zoning District, an OP Development Concept Plan and a Planned Unit Development Concept Plan, would allow the establishment of a 40-unit senior living multi -family building, 10 townhouse units, and a farm-themed preschool on a 30.9 acre parcel at 9434 Stillwater Boulevard North. The recommended motion to act on this portion of the approval process (Overlay Zoning District) is as follows: "Move to adopt Ordinance 08-025 creating a new zoning district and standards associated with an OP-2 Open Space Preservation Overlay District and Resolution 2010-024 authorizing summary publication of this Ordinance" BACKGROUND INFORMATION: The Applicant's request, as discussed in greater detail at the May 4th, 2010 Council meeting and tonight's previous Agenda item, included proposed amendments to the City's Comprehensive Plan and existing OP Open Space Preservation Ordinance to allow a proposed senior living/farm school development to proceed as an Open -- page 1 -- City Council Meeting OP-2 Overlay District May l8th, 2010 Regular: Agenda Item #11 Space Development. The Planning Commission unanimously recommended approval of the first part of the multi -tiered request, a Comprehensive Plan Amendment, but tabled taking action on the originally -proposed ordinance revisions. The Commission directed staff to prepare an alternate ordinance that, rather than amending the existing OP Ordinance, would instead create a new overlay zone intended for properties guided for RAD2 (2 units per acre) on the City's Future Land Use Map. Based on the direction provided by the Planning Commission, Staff prepared a draft ordinance creating a new overlay district to be called the OP-2 Open Space Preservation Overlay District. All of the standards proposed by the applicant have been carried forward into this new district, which references all of the provisions in the current OP Ordinance, but adds language (as requested by the applicant) that allows for new uses and new district standards that would apply only to the areas with the overlay district. Staff also suggested additional provisions that were not requested by the applicant, but that should help clarify and provide consistency throughout the City Code as follows: • Adding definitions for all the terms that are used in the proposed ordinance provisions. • Including building standards (primarily setbacks) for Senior Housing Buildings that were not addressed by the applicant. • Keeping a side yard setback for townhouses in OP Districts as part of the district standards table. A reduction or elimination of side yard setbacks would be appropriate to consider as part of a Planned Unit Development. Please note that the current OP Ordinance appears to use the term "townhouse" when it should describe a "single family attached" dwelling. • Using the existing OP District language that considers only the "buildable area" in the maximum density calculations, not gross area. Please be advised that although Staff is calling the proposed district an "overlay" district, the City regulates OP Districts as a conditional use for properties zoned Agricultural, Rural Residential, or Residential Estates, From a technical perspective, the OP District itself functions as an overlay, since the underlying zoning is not changed when an OP development is approved by the City (this is a change from earlier ordinances which established a separate district for these developments). In order to provide clarity between OP and OP-2 as proposed, Staff is recommending that the overlay terminology be used to differentiate between these two districts. If the City Council finds this language confusing, an alternate name for the OP-2 District could be considered. PLANNING COMMISSION REPORT: The Planning Commission considered the proposed OP-2 Overlay District amendment at its May l 0, 2010 meeting. A few of the discussion topics that were considered by the Planning Commission included the following: • What does the term "senior" mean when used with "senior housing"? Is there a specific age that should be regulated differently than others? — page 2 -- City Council Meeting OP-2 Overlay District May 18th, 2010 Regular: Agenda Item #11 Should the City approve a project as a Senior Housing project if there is not an age - restriction associated with the project? Should the City's definition of Senior Housing require an age restriction? Is there an appropriate mix of senior living and market -based apartments/condominiums that is acceptable? Does the City need to differentiate between a preschool and a "farm -based" preschool? As drafted, the ordinance proposed by the applicant would allow a "farm -based" school for school -aged children. Is a school, or educational programs, for kids older than preschool age appropriate as part the overlay zoning district? The Commission reviewed the draft and made recommendations for changes to certain portions of the draft, including: Requesting that Staff research the licensing requirements and definitions used in the State Statutes for preschool, and including this information as appropriate in the draft ordinance. • Adding townhouses to the list of permitted uses with a provision that no more than 50% of a project could consist of townhouse units. • Requiring that all OP-2 Developments be permitted as a Planned Unit Development. • Specifying that the buffer setback be 100 feet for structures and 50 feet for driving surfaces. • Adding Farm -based Preschools to the development standards table. • Revising the district setback and impervious coverage requirements. The Planning Commission unanimously recommended that the City Council approve the proposed amendment to the City Code related to an OP-2 Open Space Preservation Overlay District. STAFF REPORT: Original comments from Staff concerning the applicant's initial request for OP Ordinance Zoning Text Amendments were included in the previous Staff report to the Council on this matter. As Staff has prepared the Ordinance for consideration by the City Council, there are a few additional changes that Staff recommends be included as part of the Ordinance, beyond the amendments recommended by the Planning Commission. These changes are shown in green in the attached Draft Ordinance and include slightly revised definitions, based upon Staff's research of state licensing requirements, and a new statement concerning the keeping of domestic farm animals. All additional revisions proposed by Staff that were not specifically reviewed by the Planning Commission are depicted in green on the enclosed Draft Ordinance. Staff has undertaken these additional changes within the intent and -- page 3 -- City Council Meeting OP-2 Overlay District May 18th, 2010 Regular: Agenda Item #11 spirit of the Planning Commission's actions and also indicated these as separate considerations in the official Ordinance for review by the Council. Any changes made to this official document will be only as accepted and/or directed by the City Council. RECOMMENDATION: Based upon the above background information, Planning Commission action, and staff report, it is recommended that the City Council discuss and consider the proposed OP-2 Overlay Zoning amendment. Affirmative action may be taken by the following motion: 'Move to adopt Ordinance 08-25 creating a new zoning district and standards associated with an OP-2 Open Space Preservation Overlay District and Resolution 2010-024 authorizing summary publication of this Ordinance" Alternatively, the City Council may elect to act only upon the ordinance language recommended by the Planning Commission; table consideration at tonight's meeting, or direct the Plarming Commission to consider a different type of zoning amendment. It should be noted, however, that further delay of action tonight may require the concurrence of the applicant, given state statutes governing timely responses to land use applications. The City Council may also deny the proposed amendment with the identification of findings of fact (which may also correlate with previous Council action concerning the proposed senior living/farm school Comprehensive Plan Amendment). Filially, the Council may amend the proposed Ordinance at tonight's meeting. If the latter is undertaken, the recommended motion would be to: "Move to adopt Ordinance 08-25 creating a new zoning district and standards associated with an OP-2 Open Space Preservation Overlay District, as amended at tonight's meeting, and Resolution 2010-024 authorizing summary publication of this Ordinance" ATTACHMENTS: 1. Draft OP-2 Open Space Preservation Overlay District (with optional language) 2. Ordinance No 08-025 3. Resolution No, 2010-024 4. See Attachments for Item 10 --page4-- City Council Meeting OP-2 Overlay District May 18th, 2010 Regular: Agenda Item #11 SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report/Presentation Planning Director Questions from Council to Staff Mayor Facilitates Applicant Presentation, if appropriate Applicant Questions from Council to Applicant Mayor Facilitates Public Input, if Appropriate ....... ....... ..... Mayor Facilitates Call for Motion ............... ,.....,...„.,..„,..... ...... ...... . Mayor & City Council Discussion Mayor & City Council Action on Motion ....... . ............... . ..... ........... ...... . ....... .........,.... Mayor Facilitates -- page 5 -- DRAFT ORDINANCE — OVERLAY ZONING Lake Elmo Planning Department: 5/6/10 Planning Commission Revisions — 5/10/10 Notes: Green text is optional language that adds provisions beyond those reviewed by the Planning Commission, but has been suggested by Staff in response to S011le o the issues raised by the Planning Commission. § 1 1.01 DEFINITIONS, Elderly Housing (Senior Housing). A facility consisting of three or more dwelling units, the occupancy of which is limited to persons 55 years of age or older. The facility may include medical facilities or care as an accessory use. Senior housing shall typically consist of multiple -household attached dwellings, but may include other tOrms of attached or detached dwelling units as part of a wholly owned and managed senior project. Senior Housing. See Elderly Housing. Preschool. A facility for the organized instruction of children who have not reached the age for enrollment in kindergarten. Does not include the school aged child care. Farm School. A school program that emphasizes fostering a child's intellectual, social. physical, and emotional growth, using farm animals, gafkien agriculture, and nature as the learning environment and conducted as part of an operational thrill, OPTIONAL DEFINITIONS — ADD/DELI:71F: Day Care Center Any faciliiv licensed by the Minnesota Department of SUVICCS ind operated fr the purpose Olproviding care., protection, and guidance to 1-1 or more individuals during only part of a tweniy-four hour day. This term includes nursery schools, presehools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or anv facility offering care to individuals for a full twenty-four hour period. Schools, Public. and Privatc Establishments at die primary, elementary, middle, kinior high. or high school level that pros 41(1. stale mandated basic cchicalioiL Accffsofy uscs areas, carctcrias. recreational and sport facilities. auditoriums. and before or after school day care. Examples include public and private davtilitc schools, hoardilw sYhools, and nditary academies. Exemptions: 1) Preschools are elasilied a v (2arc Facilities. and 2) Business Schools and Professional Private I'rade Schools. Pri-,---1) a y A-1,f \ 41-of is n c c1u1 cn wdr i d,o f .1 1.1 ()O-F-S, )1Vpci § 154.067 OP-2 — OPEN SPACE PRESERVATION OVERLAY DISTRICT. (A) Purpose. The purpose of the Open Space Preservation Overlay District (OP-2) is to maintain the rural character of Lake Elmo by preserving agricultural land. woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan. This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. The OP-2 Overlay District allows for higher density development than is permitted under the OP District regulations at a density of up to 2 units per acre. In addition to single family residences and townhouses, multi -family housing for seniors is permitted in this district. (B) General regulation. All regulations governing the OP Open Space Preservation District shall also apply to properties zoned OP-2 Open Space Preservation Overlay District except as outlined in this section. (C) Permitted uses. Permitted uses and the general requirements of such in the OP-2 Overlay District shall be the same as in the OP District and also include the following: (1) Senior Housing (2) Fann Schools for pre-school children and school -aged children. (D) Development Standards. The development standards for the OP District shall also apply to properties zoned OP-2 Overlay District unless modified by 4/5 affirmative votes of the City Council and with the ibllowing exceptions: (2) The minimum land area for an OP-2 conditional use permit is a nominal contiguous 20 acres. (3) Not less than 60°./0 of the preserved open space shall be in contiguous parcels of not less than 5 acres. (4) B • fOTICS. A foot setback shall be provided between the property line of the abutting parcel and any structure driving surface within an OP-2 development. (5) Densities. The maximum dwelling unit density shall be 2 units per gross acres of buildable land. (7) I.„)oncstic l'ann A oirrhis. 1 he keeping oldomeslic fiirm animals related lo an agricultural use or larm-based preschool within developtimin shall comply with all ai-)plicanic Cilv and MP( A requiremenis rebated io livestock and Whodomestic (7) Minimum District Requirement. The minimum district requirements in the OP-2 Overlay District shall be the same as in the OP Zoning District except as noted below: OP-2 Overlay District Senior Housing Buildings Maximum Building Height: Primary Structure 3stories or 48 feet 35 feet Accessory Structure rk;{:t Minimum Lot Width: NA 1/2 acre lot; 1 acre lot Maximum Impervious Surface Coverage: Calculated on a development -wide basis Minimum Setback Requirements: Front Yard Side Yard 25% 20 feet Corner Lot Front 20 feet Corner Lot Side Yard 20 feet Well From Septic Tank Minimum Lot Size: Individual Well and Septic System Individual Well and Communal Drainfield OP-2 Overlay District Senior Housing Buildings 50 feet NA 6,000 square feet per unit CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-025 AN ORDINANCE ADDING AN OP-2 OPEN SPACE PRESERVATION OVERLAY DISTRICT TO THE CITY CODE SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to eliminate existing definitions as follows: NURSERY, DAY, A use where care is provided for 3 or more children under y for pay. SECTION 2, The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11,01 Definitions to add the following definitions in alphabetical order with the already existing definitions: ELDERLY HOUSING (SENIOR HOUSING). A facility consisting of three or more dwelling units, the occupancy of which is limited to persons 55 years of age or older. The facility may include medical facilities or care as an accessory use. Senior housing shall typically consist of multiple -household attached dwellings, but may include other forms of attached or detached dwelling units as part of a wholly owned and managed senior project, SENIOR HOUSING, See Elderly Housing, PRESCHOOL. A licensed facility for the organized instruction of children who have not reached the age for enrollment in kindergarten. Does not include the school aged child care. FARM SCHOOL. A facility that supports a school program that emphasizes fostering a child's intellectual, social, physical, and emotional growth, using farm animals, agriculture, and nature as the learning environment and conducted as part of an operational farm. DAY CARE CENTER — Any facility licensed by the Minnesota Department of Human Services and operated for the purpose of providing care, protection, and guidance to 14 or more individuals during only part of a twenty-four hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four hour period. SCHOOLS, PUBLIC AND PRIVATE — Establishments at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education, Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care, Examples include public and private daytime schools, boarding schools, and military academies. Exemptions: 1) Preschools are classified as Day Care Facilities, and 2) Business Schools arid Professional Private Trade Schools. SECTION 3.. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by adding the following language: § 154.067 OP-2 — OPEN SPACE PRESERVATION OVERLAY DISTRICT. (A) Purpose. The purpose of the Open Space Preservation Overlay District (OP- 2) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the city's Comprehensive Plan. This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. The OP-2 Overlay District allows for higher density development than is permitted under the OP District regulations at a density of up to 2 units per acre. In addition to single-family residences and townhouses, multi -family housing for seniors is permitted in this district. (B) General regulation. All regulations governing the OP Open Space Preservation District, Sections 150.175 through 150.189, shall also apply to properties zoned OP-2 Open Space Preservation Overlay District except as outlined in this section, (C) Permitted uses. Permitted uses and the general requirements of such in the OP-2 Overlay District shall be the same as in the OP District and also include the following: (1) Senior Housing (2) Farm Schools for pre-school children and school -aged children. (3) Townhouses (no more than 50% in any development) (D) Development Standards. The development standards for the OP District shall also apply to properties zoned OP-2 Overlay District unless modified by 4/5 affirmative votes of the City Council and with the following exceptions: (1) All development within an OP-2 district shall only be permitted as a Planned Unit Development. (2) The minimum land area for an OP-2 conditional use permit is a nominal contiguous 20 acres. (3) Not less than 60% of the preserved open space shall be in contiguous parcels of not less than 5 acres, (4) Buffer zones. A 100 foot setback shall be provided between the property line of the abutting parcel and any structure and a 50 foot setback shall be provided between the property line and any driving surface within an OP-2 development. (5) Densities. The maximum dwelling unit density shall be 2 units per gross acres of buildable land. (7) Domestic Farm Animals. The keeping of domestic farm animals related to an agricultural use or farm -based preschool within a development shall comply with all applicable City and MPCA requirements related to livestock and other domestic farm animals, (7) Minimum District Requirement. The minimum district requirements in the OP-2 Overlay District shall be the same as in the OP Zoning District except as noted below: OP-2 Overlay District Senior Housing Farm -based Buildings Preschool Maximum Building Height: Primary Structure 3stories or 48 feet 35 feet Accessory Structure 25 feet 25 feet Minimum Lot Width: NA NA 'A acre lot; 1 acre lot Maximum Impervious Surface Coverage: Calculated on a development -wide 25% 25% basis Minimum Setback Requirements: Front Yard 20 feet 30 feet Side Yard 10 feet 10 feet Corner Lot Front 20 feet 30 feet Corner Lot Side Yard 20 feet 30 feet OP-2 Overlay District Senior Housing Farm -based Buildings Preschool Well From Septic Tank 50 feet 50 feet Minimum Lot Size: Individual Well and NA NA Septic System Individual Well and 6,000 square feet per NA Communal Drainfield unit SECTION 4. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo, SECTION 5. Adoption Date This Ordinance No. 08-025 was adopted on this 18th day of May 2010, by a vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator This Ordinance No 08-025 was published on the day of , 2010. CITY OF LAKE ELMO RESOLUTION NO. 2010-024 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-025 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-025, an ordinance to update the existing city code to improve consistency with the storm water and erosion and sediment control ordinance; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following summary of Ordinance No. 08-025 to be published in the official newspaper in lieu of the entire ordinance: The City Council of the City of Lake Elmo has adopted Ordinance No, 08-025 which adds a new zoning district with district standards to the Zoning Ordinance and described as "OP-2 Open Space Preservation Overlay District". This new Zoning District specifies that all regulations governing the OP Open Space Preservation District shall also apply to properties zoned OP-2 Open Space Preservation Overlay District except as outlined in the ordinance. The OP-2 District specifically allows for an increase in density (up to 2 units per acre) and additional uses (including multi -family senior housing and farm -based preschools) beyond those allowed in the current OP district. The full text of Ordinance No. 08-025 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the City Council of the City of Lake Elrno that the City Administrator keep a copy of the ordinance in his office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: May 18, 2010. ATTEST: Bruce A. Messelt City Administrator (SEAL) Mayor Dean Johnston 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.