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HomeMy WebLinkAbout01 - 2014 Full Resolution BookSOLUTION DATE NUMBER 2014-001 01 — 06 Designating the Official Depositories of Funds for 2014 002 01 — 06 Designating City's Data Practices Officials and Approving City's Data Practices Policy 003 01 — 06 Approving Removal of PID 34.029.21.43.0002 from the 2014 Property Tax Roli 004 01 — 06 Receiving a Feasibility Report for the 2014 Street Improvements and Calling Hearing on Improvement 005 01 — 06 Approving Plans and Specifications and Ordering Advertisement for Bids for the Pumphouse No. 4 Improvements 006 ___ --_ 007 01 — 21 Ordering the Improvement and Preparation of Plans and Specifications for the Inwood Booster Station and Trunk Watermain Improvements 008 01 — 21 Approving Plans and Specifications and Ordering Advertisement for Bids for the Well No. 4 Connecting Watermain Improvements 009 ins- --- 010 02 — 05 Ordering the Improvement and Preparation of Plans and Specifications for the 2014 Street Improvements 011 02 - 18 Accepting Bids and Awarding A Contract for the Pumphouse No. 4 Improvements 012 02 — 18 Authorizing Publication of Ordinance 08-100 by Title and Summary 013 02 — 18 Approving A Final Plat for Savona 014 03 — 04 Supporting Legislation Allowing Cities to Designate Their City Website to Publish Public Notices 015 03 — 04 Accepting Bids and Awarding a Contract for the Well No. 4 Collecting Watermain Improvements 016 03 —18 Authorizing Publication of Ordinance 08-104 I by Title and Summary 017 03 --18 Approving a $200,000 Internal Loan. Repayment, from the Village Fund to the General Fund in the Amount of $200,000 Effective December 31, 2013 018 03 — 18 Declaring Adequacy of Petition and Ordering Preparation of Feasibility Report 019 --- --- 020 04 — 15 Approving Plans and Specifications and Ordering Advertisement for Bids for the 2014 Seal Coat Project 021 04 -- 01 Approving an Amendment to a Conditional Use Permit to Allow for the Construction of a Community Center within the Cimarron Manufactured Hoene Park 022 --- --- 023 04 — 01 Approving a Planned Unit Development Concept Plan Related to a Business Park Development 024 04 — 15 Receiving a Feasibility Report for the 39tb Street North: Street and Sanitary Sewer Improvements and Calling Hearing on Improvement 025 04 — 15 Approving Plans and Specifications and Ordering Advertisements for Bids for the Lake Elmo Avenue Trunk Watermain Improvements 026 04 — 15 Approving Plans and Specifications and. Ordering Advertisement for Bids for the Inwood Trunk Watermain Improvements at the Direction of the City Administrator 027 05 — 06 Ordering the Improvement and. Preparation of Plans and Specifications for the 39th Street North: Street and Sanitary Sewer Improvements 028 05 — 06 Approving Plains and Specifications and Ordering Advertisement for Bids for the 2014 Street Improvements 029 --- __- 030 05 — 06 Approving a Conditional Use Pen -nit to Allow the Construction of a 125-Foot Wireless Communication Tower at 820 Manning Avenue 031 05 — 20 Approving the Developer's Agreement for Savona 032 05 — 20 Accepting the Bids and Awarding a Contract for the 2014 Seal Coat Project I 033 05-20 Vacating a Portion of 12"' Street withinthe Myron Ellman Subdivision 034 06-03 Authorizing Publication of Ordinance 08-107 by Title and Summary 035 06-03 Approving a Minor Amendment to the City of Lake Elmo Comprehensive Plan to Eliminate Gaps Between the Existing Density Ranges of the Urban Residential Land Use Categories 036 06-03 Approving an Accessory Building to be Located Forward of the Principal Building at 11991 301h Street North 037 06-03 Ordering the Improvement and Preparation of Plans and Specifications for the 39t" Street North: Street and Sanitary Sewer Improvements 038 06-03 Accepting Bids and Awarding a Contract for the Lake Elmo Avenue Trunk Watermain Improvements 039 06-03 Authorizing Issuance and Sale of $6,235,000 General Obligation Bonds, Series 2014A 040 06-03 Authorizing Publication of Ordinance 08-111 by Title and Summary 041 06-17 Appointing Election Judges for the 2014 Primary and General Election 042 06-17 Adopting Minor Revisions to the City of Lake Elmo Special Assessment Policies and Procedures for Public Improvements 043 044 06-17 Awarding Sale, Prescribing The Form And Details And Providing For The Payment Of $6,235,000 045 06-17 Approving a Planned Unit Development Concept Plan for Wildflower at Lake Elmo 046 09-16 Approving an Amendment to the City of Lake Elmo Comprehensive Plan 047 06-17 Accepting Bids and Awarding a Contract for the 2014 Street Improvements 048 06-17 Ordering Feasibility Report, Receiving a Feasibility Report, Calling Hearing on Improvement, Approve Plans and Specifications, and Incorporate Plans and Specifications into 39"' Street North: Street and Sanitary Improvements for the Village East Trunk Sanitary Sewer Improvements 049 06-17 Approving Plans and Specifications and Ordering Advertisement for Bids for the 3 91h Street North: Street and Sanitary Sewer Improvements Including an Add Alternate Bid Package for the Village East Trunk Sanitary Sewer Improvements: Trunk Highway 5 to the UP Railroad 050 06 —17 Related to 2013 Year End Closure/Audit to Washington County 051 06 — 17 Related to 201.4 Assessments to Washington County 052 --- --- 053 07 — 01 Approving a Preliminary Plat for Hunter's Crossing 054 07 — 01 Approving Preliminary and Final Development Plans for The Eagle Point Medical Building 055 07 — 01 Approving a Preliminary Plat for Hammes Estates 056 07 — 01 Ordering Preparation of a Feasibility Report for the 2015 Street and Utility Improvements 057 07 — 01 Ordering Preparation of a Feasibility Report for the Old Village Phase I Street and Utility Improvements 058 07 — 15 Approving a Preliminary Plat for Easton Village 059 07 — 15 Approving a Preliminary Plat for Village Preserve 060 07 — 15 Approving an Amendment to the City of Lake Elmo Comprehensive Plan Changing the Future Land Use Desigriation of the Holliday Parcel Located in the Village Planning Area 061 7 — 22 Approving the Lakewood Crossing Preliminary Plat and Final Plat, and Approving a Conditional Use Permit for a Gasoline Station in State 1 of the 1-94 Corridor Planning Area 062 8 — 19 Accepting the Amended Feasibility Report and Ordering the Improvement for the Village East Trunk Sanitary Sewer Improvements: Trunk Highway 5 to South of the Union Pacific Railroad 063 8 — 19 Accepting Bids and Awarding Contract for the 391h Street North: Street and Sanitary Sewer Improvements 064 8 — 05 Approving an Amendment to the City of Lake Elmo Comprehensive Plan 065 09 — 02 Setting the Truth in Taxation Public Hearing Date for the 2015 Budget and Tax Levy 066 09 - 02 Approving a Conditional Use Permit to Allow for the Construction of Single Family Attached Dwellings in the Savona Subdivision that do not have Frontage on Public Street 067 09 - 02 Approving Proposed 2014.Tax Levy, Collectible in 2015 and Proposed 2015 Budget 068 09 - 16 Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment for the Well No 4 Connecting Watermain Improvements 069 09 - 16 Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment, and Calling for Hearing on Proposed Assessment for the Lake Elmo Trunk Wateri-rain Improvements 070 09 - 16 Related to 2014 Assessments to Washington County 071 09 - 16 Transmitting the City of Lake Elmo's Support of the Locally Preferred Alternative (LPA) to the RCRRA, WCRRA, and. Metropolitan Council 072 09 - 16 Approving the Inwood PUD General Concept Plan 073 09 -16 Approving the Boulder Ponds Preliminary Plat and Preliminary Planned Unit Development (PUD) Plan 074 09 - 16 Approving a Preliminary Plat for Village Park Preserve 075 09 - 16 Approving a Final Plat for Hunter's Crossing 076 09 - 16 Approving a Final Plat for Savona 2"d Addition 077 09 - 16 Approving the Developer's Agreement for Savona 2nd Addition 078 10 - 07 Authorizing Certification to the Washington County Auditor for Unpaid Surface Water Utility Bills 079 10 - 07 Calling Public Hearing on the Proposed Adoption of the Downtown Redevelopment Project and A Redevelopment Plan Therefor Proposed by the Economic Development Authority of the City of Lake Elmo 080 10-07 Receiving A Feasibility Report For The 2015 Street, Drainage And Watermain Improvements And Calling Hearing On Improvement 081 10 — 07 Approving a Final Plat for Hammes Estates 082 10 — 07 Approving the Developer's Agreement for Hammes Estates 1 sc Addition 083 10 — 07 Approving the Developer's Agreement for Hunter's Crossing 084 10 — 21 Supporting the Participation in the Minnesota Cross Country Ski Trail. Assistance Program for the Maintenance of Sunfish Lake Park Ski Trails 085 10 — 21 Adopting the Final Assessment Roll for the Well No, 4 Connecting Watermain Improvements 086 10 — 21 Adopting the Final Assessment Roll for the Lake Elmo Avenue Trunk Watermain Improvements 087 1.0 — 21 Ordering the Improvements for the Section 34 Pressure Reduction Stations, Accepting Bids, and Awarding a Contract 088 11 — 12 Canvassing the Returns and Declaring the Winners of the 2014 Local Elections 089 11 —18 Providing Specific Direction Related to the Release/Return of Developer Related Escrow Funds 090 12 — 02 Approving an Extension for the Final Plat Application Deadline for the Village Park Preserve Residential Subdivision 091 12 — 02 Approving an Extension for the Final Plat Application Deadline for the Village Preserve Residential Subdivision 092 12 — 02 Approving 2014 Tax Levy, Collectible in 2015 and Adopting the 2015 General Fund Budget 093 12 — 02 Approving the Inwood Project Environ rental Assessment Worksheet (EAW) and Finding No Need for an Environmental Impact Statement (EIS) 094 095 096 12 — 02 Approving a Cooperative Agreement with Washington County to Facilitate All Right of Way Acquisition for the Lake Elmo Avenue Downtown Street and Utility Project 097 12-16 Authorizing Certification To The Washington County Auditor For Unpaid Water Utility Bills CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINN ESOTA A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES OF FUNDS FOR 2014 WHEREAS, Minnesota Statutes, Chapter 427, requires the adoption of certain policies and, procedures pertaining to the deposit of public funds; and WHEREAS, the statute also requires the designation of art official depository of funds by a local government each year within 30 days of the beginning of the fiscal year. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the following financial institutions are hereby designated as the Official Depositories of Funds for 2014: 0 Lake Elino Bank • Well Fargo Bank • Northland Securities ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SIXTH DAY OF JANUARY 2014. CITY COUNCIL CITY OF LAKE ELMO A �"e� By: Mike Pearson Mayor . . . . . . . . . . . Adam Bell City Clerk Resolution 2014-01 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2014-02 WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and procedures pertaining to government data practices; and WHEREAS, the statute also requires the appointment of a data practices compliance official, a data • responsible authority and optional designee(s) to enforce the data practices policies of government agencies. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the attached City of Lake Elmo Data Practices Policy, together with the exhibits attached thereto, are hereby adopted and approved as if fully set forth herein; and BE IT FURTHER RESOLVED, that City Clerk Adarn Bell will be appointed to serve as the city's data practices responsible authority and Deputy Clerk Beckie Gumatz will be appointed to serve as the city's data practices compliance official, ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SIXTH DAY OF JANUARY 2014. CITY COUNCIL CITY OF LAKE ELMO Adam Bell City Clerk Resolution 2014-02 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA INWHI WHEREAS, Minnesota Statutes, Chapter 444.075, Subd. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the City Council approved said assessment on October 1, 2013 on parcel id 34.01-9.21 A3.0002 in the amount of $70.97; WHEREAS, the parcel subsequently applied for and was approved to be reclassified to an exempt parcel effective I/1/2014; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the utility assessment of $70.97 for parcel id 34.029.21 A3.0002 be removed from the 2014 tax roll with Washington County. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SIXTH DAY OF JANUARY 2014. CITY COUNCIL CITY OF LAKE ELMO By- , Z' Mi,krPears 6n-' Mayor ATTEST: .71 Adani Bell City Clerk Resolution 2014-03 im-01 WIN Oyffixtia'atkila , a I on, R1 AVV WIM] "I W&M H I W V Ws I X KIRM 0► WHEREAS, pursuant to city council authorization, adopted on October 1, 2013, a feasibility report has been prepared by FOCUS Engineering, Inc. for the 2014 Street Improvements consisting of the Packard Park Area (24t" Street North, 24"' Street Court North, Lansing Avenue North, Legion Avenue North and 20"' Street Court. North), 20"' Street North, Manning Trail, Deer Pond Trail North, and Deer Pond Court North; and WHEREAS, the feasibility report recommends that benefitting properties along the project route be assessed a portion of the cost of the improvements pursuant to the city's Special Assessment Policy and Minnesota Statutes, Chapter 429; and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. hmmw V., I al -,A of ni'm N3,AUMWWM#1NM 1. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $1,811,000, 1 A public hearing shall be held on such proposed improvements oil the 4th day of February, 2014, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law, ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTH DAY OF JANUARY, 2014. CITY OF L TOO By: Mike Pearson Mayor (Seal' ) ATTEST: 7 4'--!Ada m Bell City Clerk FS10001KRUSIMMMOMM, WHER-EAS, pursuant to a resolution passed by the city council on the 6t" day of August, 2013, the city engineer, together with Bolton and Menk, Inc. has prepared plans and specifications for the Pumphouse No. 4 Improvements and has presented such plans and specifications to the council for approval. 1. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk, prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. M 011� ordmom Resolution No. 2014-05 A AES*LUTI*N f#Y,4VE1U1G7rAE ITTIPRVVEITIEPIT AND PAEPAAATTo7T7VT PLANS AND SPECIFICATION FOR THE INWOOD BOOSTER STATION AND TRUNK WATERMAIN IMPROVEMENTS WHEREAS. pursuant a resolution of the city council adopted the 3rd day of December, 2013, the council ordered a hearing on Improvement for the Inwood Booster Station and Trunk Waterinain Improvements, and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 21 st day of January, 2014, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc.. and dated November 2013 states that the project is necessary, cost-effective, and feasible, and WHEREAS, in order to provide municipal water to developing properties located south of 10 th Street N the city needs to design and construct a booster station and a trunk watermain along Inwood Avenue North from 26t" Street North to Eagle Point Boulevard. I. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated November 2013. 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 21st day of January, 2014. 3. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 4. The city engineer is hereby designated as the engineer for making this improvement. The engineer, and his consultants, shall oversee the preparation of the Plans and Specifications for the making of such improvement. 5. The city engineer shall retain the services of a consulting engineering, firm to assist, where needed, to z:_1 prepare Plans and Specifications for the malting of such improvement and to assist the city engineer during the construction phase of the improvement as requested. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY FIRST DAY OF JANUARY, 2014. CITY L EL By: Mike Pearson Mayor (Seal) ATTEST: ­7 "­Ndam Bell City Clerk Resolution No. 2014-UV MMI I i a, MAN A a MWOLI WHEREAS, pursuant to a resolution passed by the city council on the 6th day of August, M 13, the city engineer, together with Bolton and Menk, Inc. has prepared plans and specifications for the Well No. 4 Connecting Watermain Improvements and has presented such plans and specifications to the council for approval. ■1 111171 OFM �1­11111, I 1. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall ani- made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the of paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. (Seal) ATTEST: Resolution No. 2014-08 =10 MENSPIWELIMMLINNIN RESOLUTION NO. 2014-10 "I ally LOJO-31141 11-4 It I MqUE23 V 1114 ans M I .. WHEREAS, pursuant a resolution of the city council adopted the 6 1h day of January, 2014, the council ordered a hearing on Improvement for the 2014 Street Improvements; and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearim, was held thereon on the 5'h day of February, 2014, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated December 2013 states that the project is necessary, cost-effective, and feasible. 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated December 2013. 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 5" day of February, 2014. 3. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 4The city engineer is hereby designated as the engineer for making this improvement, The L_ engineer, and his consultants, shall oversee the preparation of the Plans and Specifications for t110 making of such improvement. 5. The city engineer shall retain the services of a consulting engineering film to assist, where needed, to prepare Plans and Specifications for the making of such improvement and to assist the city engineer during the construction phase of the improvement as requested. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE FIFTH DAY OF FEBRUARY, 2014. By: ike Pears- n Mayor �171 Ajimi Bell Ny Vil V OX41=111OWN1 WHEREAS, pursuant to an advertisement for bids for the Pumphouse No. 4 Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Total Mechanical, Inc., in the amount of $748,640. 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2, The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed, By: ----"Mike Pearson Mayor ATTEST: aLTi Bell City Clerk Resolution No. 2014-11 CITY OF LAKE ELMO RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-100 BY TITLE AND SUMMARY WHEREAS, the ordinance is lengthy; and WHEREAS, the City Council believes that the following summary would clearly inforin the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-100 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. 08-100, which amends the current sections of the City Code pertaining to Animals. The ordinance includes the following provisions: • The ordinance removes the Livestock section from the Zoning Code and places it in the recently created Animals Chapter • The ordinance clarifies the parameters for a commercial or private kennel and stables • The ordinance clarifies which properties have limits for the number of cats and dogs allowed • The ordinance adds a section on the keeping of chickens • The ordinance adds a section on the keeping of bees The full text of Ordinance No. 08-100 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER • by the City Council of the City of Lake Elmo that the City Adtiiir�strator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed iii a public location within the City. Dated: February 18, 2014. Mayor Mike Pearson. ATTEST; .F Adam Bell, City Clerk i 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 adapted. N CITY OF LAKE ELMO WASHINGTON COUNTY,, MINNESOTA A RESOL UTION APPR 0 VING A FINAL PLAT FOR SA VONA WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, U.S. Home Corporation (d/b/a Lennar), 16305 36 1h Avenue North, Suite 600, Plymouth, MN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Savona, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on July 22, 2013 to consider the Savona Preliminary Plat and continued discussion on the Preliminary Plat until its July 29, 2013 meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council for the August 6, 2013 City Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its August 6, 2013 meeting and adopted Resolution No. 2013-064 approving the Preliminary Plat; and WHEREAS, on February 10, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Savona with conditions; and WHEREAS, the City Council reviewed the recommendation of the Plam-ling Commission and the Final Plat for Savona at a meeting held on February 18, -^, I NOW, THEREFORE, based upon the testimony elicited and info ration received, the City Council makes the following: That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City Code, Section 153.08. 2) That all the requirements of said City Code Section 153.07 related to the Final Plan and Final Plat have been met by the Applicant. 3) That the proposed Final Plat for Savona consists of the creation of 44 single-family detached residential structures. 4) That the Savona Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on August 8, 2013 and revised on November 25, 2013. 5) That the Savona Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 6) That the Savona Final Plat complies with the City's Urban Low Density Residential zoning district regulations. 7) That the Savona Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances. 9) That the Savona preliminary plat is consistent with the City's engineering standards with one exception as noted by the City Engineer in his review comments to the City dated February 7,2014. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Savona subject to the following conditions: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer priorto the recording of the Final Plat. All changes and modcations to the plans requested by the City Engineer shall be incorporated into these documents before they are approved. 2) The developer shall provide evidence in a form satisfactory to the City Attorney that warrants it has fee interest in area included in the Savoria Final Plat. -1) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 4) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials. N 5) A Common Interest Agreement concerning management of the common areas of Savona and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. The applicant shall also enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat 6) The applicant shall work with the City to determine the required park land dedication for the entire Savona subdivision prior to the recording of the final plat. Ally payments in lieu of land dedication for the entire subdivision will be pro -rated based on the percentage of the overall subdivision included in the final plat. 8) The applicant shall provide evidence that all conditions attached the Valley Branch Watershed District permit for the final plat and associated grading work have been met prior to the commencement of any grading activity. 9) The applicant must provide written authorization to perform the proposed work in the Electrical Transmission easement areas prior to the release of the final plat for recording. Work includes installation of storm sewer pipe, grading activities, and storm water ponding. 10) The applicant shall provide evidence that Washington County has approved final construction plans for all required work within the Keats Avenue right-of-way as described in a letter from the County dated July 3, 2013. 12) The final construction plans shall be revised to incorporate a multi -purpose trail within the western portion of the Keats Avenue right-of-way and north of 5th Street consistent with Washington County design specifications. 13) The final constiuction plans shall be revised to include the additional storm sewer elements and street construction as specified in a review letter from the City Engineer dated February 7, 2014. These revisions shall be reviewed in conjunction with the other changes requested by the City Engineer. 14) Jewel Avenue North shall be renamed Juniper Avenue on the final plat that is submitted for recording. M 15) The developer is encouraged to incorporate elements from the Lake Elmo Theming Study into the final design of the co unity mailboxes within Savona. 16) The applicant shall submit an affidavit to the City signed by Lennar Corporation, Amaxis Custom Homes, and Dale Properties agreeing to an alignment of 5th Street within the western portion of the Savona subdivision that moves the road further south of the alignment shown on the preliminary plat. Passed and duly adopted this 18t" day of February 2014 by the City Council of the City of Lake Elmo, Minnesota, Mam Bell, City Clerk M Mike Pe'argo'n" Mayor RESOLUTION NO. 2014-14 WHEREAS, cities are currently required by law to publish public notices in a designated official newspaper for the city (Minn. Stat. § 331 A),,- and WHEREAS, cities are committed to providing information to citizens and increasing access to information about city operations and business,- and WHEREAS, citizens expect and demand information in an itumediate forinat', and WHEREAS, cities have limited resources and must utilize tax dollars in the most efficient way possible-, and WHEREAS, cities should have the authority to determine the best and most efficient method of communicating information to citizens based on citizen expectations; and WHEREAS, cities are continuously improving and investing in technology to reach more citizens in a timely manner; and WHEREAS, utilizing city websites to publish public notices would eliminate the time and costly burden of publishing in newspapers; and L, WHEREAS, city websites are increasingly the first place citizens look for information about their cities; and WHEREAS, the ability of city websites to provide citizens with up-to-date, detailed information exceeds that of print media NOW THEREFORE BE IT RESOLVED, that the city council of the City of Lake Elmo supports HE 1286 and SF 1152, legislation now before the 2014 legislature that would allow cities to publish certain public notices on their websites instead of, or in addition to, in an official newspaper. ADOPTED BY THE LAKE ELM O CITY COUNCIL ON THE FOURTH DAY OF MARCH 2014. CITY OF LAKE ELMO Mike, Pearson Mayor WHEREAS, pursuant to an advertisement for bids for the Well No. 4 Connecting Watermain Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisenient; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Northdale Construction Company Inc., in the amount of $442,484.13. 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. CITY OF LAKE ELMO By: Mike Pearson Mayor ATTEST: 4A-d—am. Bel City Clerk - Resolution No. 2014-15 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF INNS TA RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-104 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted • No. 08-104, an ordinance to the City's regulations pertaining to Accessory Structures; and WHEREAS, Minnesota Statutes, section 412.191, subd. 41, allows publication by title and summary in the case of lengthy • or those containing charts or maps-, and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-104 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. 08-104, which replaces the current sections of the City Code pertaining to Accessory Structures. The revised ordinance includes the following revisions from the previous ordinance: The size and permitted number of accessory buildings in rural zoning districts has been modified in Table 9-3; Accessory structures that are exempt from the maximum number or size of permitted accessory structures have been identified, including the required standards to meet exemption; * The ordinance has been updated to clarify permitting requirements. Additional allowances for accessory buildings in A and RR zones may be considered via the conditional use permit process. The full text of Ordinance No. 08-104 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVE D by tile City Council of the Cit of Lake Eli -no that the City y Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Resolution 2014-016 Page I of 2 Dated: March 18,2014. V, 417 Vo ayor eke Pearson ATTEST: Adam Bell, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duty seconded by member and upon vote being taken thereon, the following voted in favor thereof. 3 and the following voted against same: 0 Resolution 2014-016 Page 2 of 2 Z-7 CITY OF LAKE ELMO WASHINGTON COUNTY STATE INNES T VILLAGEA RESOLUTION VING A $200,000 INTERNAL LOAN REPAYMENT, FROM THE ! TO * rIN THE :. EFFECTIVE 1 ► WHEREAS, the City of Lake Elmo approved the 2014 general Fund budget on December 3, 2013; and WHEREAS, the City included in that budget a loan repayment in the amount of 200,000; and WHEREAS, based upon the completion of the preliminary fieldwork the actual results have surpassed the 2014 budget sufficiently to allow for this budgeted internal loan repayment; and. BE IT RESOLVED THAT THE City of Lake Elmo approves a $200,000 internal loan repayment, from the Village Fund to _ General Fund, effective . ADOPTED:. THE CITY COUNCILOF EIGHTEENTH DAY OF MARCH 2014. w r, By: �r Mike arson Mayor Adam Bell City Clerk Resolution 2014-17 UNINSEM ,I - Klimag M-01 -in's WARQU Ey ILI V we) am 111011011 �m �11 N U x IN 11202 a N x WIN REV V 01001 N a WANI, 1 113 1 a V rd %9A x 11#3 �' WHEREAS, a petition was received from the owners of real property abutting 39" Street North, from State Highway 5 to Lake Elmo Avenue (CSAH 17), in the City of Lake Elmo, requesting street and sanitary sewer improvements along said street; and I 6111was ru nuten for -Ant � WLA r.- 1 wzy-wgfm Inij elm K" ILSZ# 114 sky I 12151 Rill V 1:1111 1 !Vq2Y47.'Tffr 14�11 *1 a -1 1. The Petition requesting the improvements is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes 429.035. 2. The Petition for the proposed street and sanitary sewer improvements are hereby referred to the City Engineer and FOCUS Engineering, Inc., to complete a feasibility report in accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. By. ike Pearson � Mayor M Adam Bell City Clerk Resolution No. 2014-18 M-W&W KIA In W51 V mull guy 11030 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2014 SEAL COAT PROJECT WHEREAS, pursuant to a motion passed by the City Council on the 18th day of February, 2014, FOCUS Engineering, Inc. has prepared plans and specifications for the 2014 Seal Coat Project and has presented such plans and specifications for approval. 1. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered CITY OF LAKE ELMO Y. Mike Pearson Mayor M ATTEST: 4am Bell City City Clerk Resolution No. 2014-20 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOL UTION APPR 0 VING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALL 0 W FOR THE CONSIR UCTION OF COMMUNITY CENTER WITHIN THE CIRR ON MANUFACTURED HOME PARK WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Family Means, 1875 Northwestern Avenue, Stillwater, MN ("Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit Amendment to allow the construction of a community center for the purpose of providing after -school and summer programming to children between the ages of 6 and 18 within the Cimarron Manufactured Home Park (901 Lake Elmo Avenue North, Lake Eltno, MN); and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102-1 and WHEREAS, the Lake Elmo Planning Conunission held a public hearing on said matter on March 24, 2014; and WHEREAS, the Lake Elmo Planning Commission submitted its report and recommendation concerning the Conditional Use Permit Amendment request to the City Council as part of a Staff Memorandum dated April 1, 20141- and WHEREAS, the City Council considered said matter at its April 1, 2014 meeting, NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: 1) That the procedures for obtaining said Conditional Use Permit (CUP) are found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154,106 have been met by the Applicant, 3) That the proposed Conditional Use Permit Amendment is to allow the construction of a community center to serve youth in the Cimarron Manufactured Home Park as more fully described in application materials submitted to the City. 4) That the proposed Conditional Use Permit Amendment will apply to leased property legally described in Exhibit A. 5) That a community center is a permitted accessory use per the approved Special Use Permit for the Cimarron Manufactured Home Park. 6) That the proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 7) That the proposed use conforms to the City of Lake Elmo Comprehensive Plan. 8) That the proposed use is compatible with the existing neighborhood. 9) That the proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 10) That the proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses, 11) That the proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 12) That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 13) That the proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 14) That vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares, 15) That the proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. CONCLUSIONS AND DECISION Based on the foregoing, the Applicants' application for a Conditional Use Permit Amendment is granted. Passed and duly adopted this V day of April by the City Council of the City of Lake Elmo, Minnesota. ATTEST: Aam Bell, City- Clerk I Mike Pearson, Mayor FJFIVZ��� WHEREAS, Launch Properties (c/o Dan Regan), 1875 Highway 36 West, Suite 200, Roseville, MN ("Applicanf') has submitted an application to the City of Lake Elmo ("City") for a Planned Unit Development (PUD) Concept Plan, a copy of which is on file in the Lake Elmo Planning Department; and WHEREAS, the proposed PUD Concept Plan is to allow the construction of two light industrial buildings with a, combined net area of 385,000 square feet that will be constructed in two phases and that will be located at the intersection of Lake Elmo Avenue North and Hudson Boulevard North. The PUD will incorporate exceptions fon-n the City's Zoning Regulations as noted below; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on March 24, 2014 to consider the PUD Concept Plan; and WHEREAS, the Lake Elmo Planning Commission submitted its report and recommendation to the City Council as part of a memorandum froni the Planning Department dated April 1, 2014; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission PUD Concept Plan at its regular meeting on April 1, 2014. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the procedure for obtaining approval of said PUD Concept Plan is found in the Lake Elmo City Code, Section 154.800. 2) That all the requirements of said City Code Section 154.800 related to the PUD Concept Plan have been met by the Applicant. phases and that will be located at the intersection of Lake Elmo Avenue North Hudson Boulevard North on property legally described as follows: 1 That part of the Southwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota lying northerly and easterly of Minnesota Department of Transportation Right -of -Way Plat 82-52, on file and of record in the office of the County Recorder, Washington County, Minnesota. Except small parcels of record. PID No. 36.029.21.33.0001. 4) That the proposed PUD Concept Plan includes the following exceptions from the underlying BP — Business Park Zoning District requirements: a) A reduction in the required setbacks between buildings, and parking areas within a BP district • adjacent residential districts. The site plan identifies a building setback of 96 feet • parking area setback of 56 feet. • The establishment of a zero lot line setback between the two proposed buildings and lots. The PUD will allow the creation of a common parking and truck loading area, all of which will be internal to the development. F 0 11i I I I I'l i a) Is consistent with the goals, objectives, and policies of the Comprehensive Plan and that the uses proposed are consistent with the BP — Business Park land use designation shown for the area on the official Comprehensive Land Use Plan. b) Is consistent with the purpose of Section 150.800 et seq. of the City Code. c) Complies with the development standards of Section 150.800 et seq. of the City Code. 6) That the proposed PUD will allow a more flexible, creative, and efficient approach to the use of the land than if the applicant was required to conform to the standards of the existing zoning districts on this property. 7) That the uses proposed in the PUD will not have an adverse impact on the reasonable enjoyment of neighboring property and will not be detrimental to potential surrounding uses. .M71-m= r�rvm a marmer as LU 117777 aTesira an environment within its own boundaries. 1. Based on the foregoing, the Applicant's PUD Concept Plan for the construction of two light industrial buildings with a combined net area of 385,000 square feet is hereby approved, subject to the following: a. The preliminary and final development plans shall address all comments from the City Engineer in his review letter dated March 18, 2014. b. The applicant shall prepare a traffic impact study pri or to the submission of preliminary and final plans that addresses the concerns and comments included as part of the review letter from Washington County dated March 19, 2014. This study shall clarify the intended -use of the secondary access driveways providing access to the automobile parking areas. c. The applicant shall secure any required pernins from the Valley Branch Watershed District prior to commencing any grading or construction activity on the site. d. The final development plans shall include detailed landscape plans that conform to the Lake Elmo Zoning Ordinance and that conforms to the City's Tree Protection and Replacement Ordinance. The applicant shall provide a cross section view of the proposed be and landscaping along the northern property line as part of these plans. c. The applicant shall submit detailed architectural plans at the time of the preliminary and final development plan review by the City. These plans shall conform to the City's Design Guidelines and Standards Manual and must include elements to break up the continuous flat roof line. g. The applicant shall pay a fee in lieu of park land dedication as determined by the City prior to the final plat being released for recording. h. The final plat shall include all easements for drainage and utility and other purposes as required by the City Engineer. i. The storm water plans shall differentiate between storm water retention and stone water infiltration areas. j. The preliminary and final development plans shall include a specific land use Plan for t propel ty clarifying the uses allowed under the PUD, the dimensional requirem( site, including any deviations from the underlying zoning, and other inforniation deemed appropriate by the City. k. The exception as requested from the required setbacks from the northern (residential) property line will not be permitted unless a letter of support is provided from the affected property owners or an augmented landscape plan as deemed appropriate by the City, including an increased berm, is provided to off -set the reduced setback. Passed and duly adopted this I't day of April 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-24 WHEREAS, pursuant to city council authorization, adopted on March 18, 2014, a feasibility report has been prepared by FOCUS Engineering, Inc. for the 39'11 Street North: Street and Sanitary Sewer Improvements; and WHEREAS, the feasibility report recommends that benefitting properties along the project route be assessed all or a portion of the cost of the improvements pursuant to the city's Special Assessment Policy and Minnesota Statutes, Chapter 429,- and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other finprovement; the estimated cost of the improvements as recommended,- and a description of the methodology used to calculate individual assessments for affected parcels. I'll FL,I, Ii a 1. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $822,400 for the street, storm sewer, sidewalk and trail improvements and an estimated total project cost of $425,000 for the sanitary sewer improvements. 2. A public hearing shall be held on such proposed improvements on the 6th day of May, 2014, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF APRIL, 2014. CITY OF LAKE ELMO By Mike Pearson Mayor (Seal) ATTEST - Adam Bell Resolution No. 2014-24 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-25 mail low" g1malnuummamm Maxwome Nxws- WHEREAS, pursuant to a resolution passed by the city council on the 3d day of December, 2013, the city engineer, together with TKDA, Inc. has prepared plans and specifications for the Lake Elmo Avenue Trunk Wateri-nain Improvements and has presented such plans and specifications to the council for approval. 1. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. B y Mike Pearson Mayor ATTEST: <dain Bell Resolution No. 2014-25 I Us 'WA'rXLX5, purs-Tarif T i y ne city coun e ciay ot anuary, the city engineer, together with MSA Professional Services, Inc. has prepared plans and specifications for the Inwood Trunk Watermain Improvements and has presented such plans and specifications to the council for approval. 1. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. 2. The City Administrator has authority to direct Staff to publish advertisement for bids. When directed by the City Administrator, the City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. B M.m- ike Pearson Mayor M ATTESTa dell : SMEW Resolution No, 2014-26 01-VAL i 11011201 #00 W611 all, U MA-aw- -will WIVIRMN111, K2 2 JW111111 IM SAM- WHEREAS, pursuant a resolution of the city council adopted the 15 th day of April, 2014, the council ordered a hearing on Improvement for the 39"' Street North: Street and Sanitary Sewer Improvements; and VVIIERFAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 6t" day of May, 2014, at which all persons desiring to be heard were given the opportunity to be beard thereon, and V-,THEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated April 2014 states that the project is necessary, cost-effective, and feasible, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated April 2014. 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 6"' day of May, 2014. 3. Assessments shall be levied to the benefiting properties identified in the Report for 80% of the Street, Stone Sewer and Sidewalk Improvements on the basis of front footage, and for Sanitary Sewer Improvements as presented in the Report. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 5. The city engineer is hereby designated as the engineer for making this improvement. The engineer, and his consultants, shall oversee the preparation of the Plans and Specifications for the inaking of such improvement. 6. The city engineer shall retain the services of a consulting engineering firm to assist, where needed, to prepare Plans and. Specifications for the making of such improvement and to assist the city engineer during the construction phase of the improvement as requested. CITY OFJ X Mike Pearson Mayor H 114=1#1 an 041MR1101HWO WHEREAS, pursuant to a resolution passed by the City Council on the 5th day of February, 2014, the City Engineer, together with Bolton and Men, Inc. has prepared plans and specifications for the 2014 Street Improvements and has presented such plans and specifications to the Council for approval. 1. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a pant hereof, are hereby approved. 1 The City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashiers check made payable to the City of Lake Elmo in an amount not less than 50/'o of the amount of such bid will be considered. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTH DAY OF MAY 2014. By: Mike Pearson Mayor M ATTEST: 01 Adam Bell City Clerk Resolution No. 2014-28 RESOLUTION NO. 2014-031 1 1 A RESOL UTION APPR 0 VING THE DEVELOPER'S OPER'S A GREEMENT FOR SA VONA WHEREAS, the City of Lake Elmo is a municipal corporation organized and existil under the laws of the State of Minnesota; and NOW "I" ? 74TJ—,17=A7,TM7 ^PY11Qd11L j HUN j,#1f CA SLIVIIHIet U11 UpPlIQUL1011 LO LIX �,AL3--"L-A Elmo ("City") for a Final Plat for Savona; and WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat request for Savona at a meeting held on August 6, 2013; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2014-013 on February 18, 2014 approving the Final Plat for Savona; and WHEREAS, Condition (3) of said Resolution No. 2014-013 establishes that, prior to the execution of the Final Plat by City officials, the Applicant is to enter into a Developer's Agreement with the City; and WHEREAS, the Applicant and City have agreed to enter into such a contract, and a copy of the Developer's Agreement was submitted to the City Council for consideration at its May 20, 2014 meeting. NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer's Agreement for Savona and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 20t" day of May 2014 by the City Council of the City of Lake Elmo, Minnesota, IIi - k1l F.1 I W91 NO I ST17M �M#Jlm V 11MIX" 0 OW I-ILM V 11104111 E 1*0 W.111 1K%47,,1V a U.914-1 I ffw� WHEREAS, pursuant to an advertisement for bids for the 2014 Seal Coat Project, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Pearson Brothers, Inc., in the amount of $265,298.88. 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Mr� By:z�� Mike Pearson Mayor M NUUM Adam Bell City Clerk Resolution No. 2014-3? STATE OF MINNESOTA E A RESOL UTION VA CA TING A PORTION OF 12 ' STREET WITHIN THE MYR ON ELL SUBDIVISION THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, a request has been made to the Lake Elmo City Council pursuant to Minnesota Statutes §412.851 to vacate the existing road right-of-way south of Lot 9, Block 2 of the Myron Ellman Subdivision, described as follows: That part of Twelfth Street as dedicated on the plat of MYRON ELLMAN SUB -DIVISION, Washington County, Minnesota which lies westerly of a line described as COMMENCING at the southeast comer of Lot 10, Block 1, said addition; thence westerly along the south line of said Lot 10 a distance of 15.00 feet to the point of BEGINNING of the line to be described; thence southwesterly to a point on the south line of said Twelfth Street as dedicated on said plat distant 30.00 feet westerly of the intersection of the south line of said Twelfth Street as dedicated on said plat and the southerly extension of the east line of said Lot 10 and said line there terininating. Containing 5,198 SQ.FT. more or less. AND That part of Twelfth Street as dedicated on the plat of MYRON ELLMAN SUB -DIVISION, Washington County, Minnesota described as lying easterly of a line which is 15.00 feet easterly and parallel with the southerly extension of the west line of Lot 9, Block 2, said MYRON ELLMAN SUB -DIVISION. Containing 5,417 SQ.FT, more or less, WHEREAS, an associated request has been made to the City Council to dedicate new drainage and utility easements in replacement of the proposed right-of-way dedication, deI scrib as follows: An easement for drainage and utility purposes over, under and across that part of vacated Twelfth Street as dedicated on the plat of MYRON ELLMAN SUB -DIVISION, Washington County, Minnesota described as lying westerly of a line described as COMMENCING at the southeast comer of Lot 10, Block 1, said addition; thence westerly along the south line of said Lot 1.0 a distance of 15.00 feet to the point of BEGINNING of the line to be described; thence southwesterly to a point on the south line of said Twelfth Street as dedicated on said plat distant 30,00 feet westerly of the intersection of the south line of said Twelfth Street, as dedicated on said plat and the southerly extension of the east line of said Lot 10 and said line there terminating. em An easement for drainage and utility purposes over, under and across that part of vacated Twelfth Street described as lying easterly of a line which is 15.00 feet easterly and parallel with the southerly extension of the west line of Lot 9, Block 2, said MYRON ELLMAN SUB -DIVISION IN I ILI 101TAN IM I I I I I I M111 ISIS) I WHEREAS, a public hearing to consider the vacation and rededication of drainage and utility easements was held on the 20 tT, day of May 2014 before the City Council in the Lake Elmo City Hall located at 3800 Laverrie Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all property owners within Myron Ellman Subdivision by the Community Development Director on the qffi of May 2014 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 the vacated right-of-way will not be needed for any future street connections to serve properties within or adjacent to the Myron Ellman Subdivision and because the vacation will allow the adjacent property owners an expanded use of their properties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T E CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such �eques for vacation of existing right-of-way and the dedication of a new drainage and utility easement is hereby approved in accordance with the property descriptions provided above and provide t following condition is met: I 1) The petitioners shall record with Washington County the drainage and utility easements to be retained by the City as described in the survey from Cornerstone Land Surveying, Inc. dated. May 15, 2015. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized s gn all documents necessary to effectuate the intent of this resolution. Mike Pearson, Mayor MMr4Yfi1D]jFW,VfMj[NXTU� mKw-PvvrAs=n&YmT#� WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-107, an ordinance to allow Commercial • Ceremony Venues as an Interim Use • certain properties zoned A — Agriculture and RT — Rural Transitional; 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 w• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following sm-niriary of Ordinance No. 08-107 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. 08-107, which amends certain sections of the Zoning Ordinance to allow a new use called "commercial wedding ceremony venue" as an accessory use within the City's use classification system. These types of activities would be allowed an as interim use in A and RT zoning districts. The draft ordinance includes a series of requirements for commercial wedding ceremonies, and covers a wide range of issues, including the maximum number or guests allowed, hours of operation, off-street parking requirements, setbacks, landscaping, screening, lighting, and other application requirements. A listing of the districts in which a Commercial Wedding Ceremony Venue is allowed through an interim use permit 0 The development standards for a Commercial Wedding Ceremony The full text of Ordinance No. 08-107 is available for inspection at Lake Elmo city hall during regular business hours, Resolution No. 2014-34 Page 1 of 2 BE IT FURTHER RESOLVE D by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: June 3, 2014, —4 - Mayor Mike Pearson ATTEST: 4�'dam Bell, City erk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member IVOLA o^J and upon vote being taken thereon, the following voted in favor thereof, T and the following voted against same: 0 Whereupon said resolution was declared duly passed and adopted. Resolution No. 2014-34 Page 2 oft RESOLUTION APPROVING A MINOR AMENDMENT TO THE CITY OF LAKE ELMO COMPREHENSIVE PLAN TO ELIMINATE GAPS BETWEEN THE EXISTING DENSITY RANGES OF THE URBAN RESIDENTIAL LAND USE CATEGORIES WHEREAS, the City of Lake Elmo ("City") has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, Chapter III of the Comprehensive Plan describes urban residential land use categories that include gaps in the densities used to differentiate between the various residential land uses; and WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on May 28, 2' to consider a request to amend the Comprehensive Plan to remove gaps in the density ranges thatj differentiate the various residential land use categories; and WHEREAS, on May 28, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the request to amend the Comprehensive Plan; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan at its June 3, 2014 meeting. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: rMiNIMMM 1) That the Comprehensive Plan amendment would revise Chapter III — Land Use of the Lake Elmo Comprehensive Plan to change the densities used to differentiate specific land use categories as follows: a) Urban Low Density: 2,5 to less than 4 units per acre b) Urban Medium Density: 4 to less than 7.5 units per acre c) Urban High Density 7.5 to 15 units per acre d) Village Urban Low Density Residential: 1.5 to less than 2.5 units per acre e) Village Urban Medium Density Residential: 2.5 to less than 5 units per acre Resolution 2014-35 I) Village Mixed Use: 5 to 10 units per acre NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo City Council hereby approves an amendment to Chapter III — Land Use of Lake Elmo Comprehensive Plan subject to and contingent upon the following: 1) Submission of the Comprehensive Plan Amendment to the ;• Council and the receipt of formal • from the Metropolitan Council that its review has • • and approved. • of these comments and final adoption of the • Plan • will not require any formal action • the City Council. Passed and duly adopted this 3 d day of June, 2014 by the City Council of the City of Lake Elmo, Minnesota. --"'Mike Pe —arson, Mayor Adam Bell, City Clerk Resolution 2014-35 Eum LIS Ky 6 DKII ad 1112113 06,191 WON WHERE AS, pursuant a resolution of the city council adopted the 15 1h day of April, 2014, the council ordered a hearing on Improvement for the 39"' Street North: Street and Sanitary Sewer Improvements; and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 6"' day of May, 2014, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc,, and dated April 20 states that the project is necessary, cost-effective, and feasible. i 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated April 2014. 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 3 d day of June, 2014. 3. Assessments shall be levied to the benefiting properties identified in the Report for 80% of the Street, Storm Sewer and Sidewalk Improvements on the basis of front footage, and for Sanitary Sewer Improvements as presented in the Report. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 5. The city engineer is hereby designated as the engineer for making this improvement. The engineer, and his consultants, shall oversee the preparation of the Plans and Specifications for the making of such improvement. 6. The city engineer shall retain the services of a consulting engineering firm to assist, where needed, to prepare Plans and Specifications for the making of such improvement and to assist the city engineer during the construction phase of the improvement as requested. IT AKE ELMO ike Pearson Mayor # A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the Lake Elmo Avenue Trunk Watermain Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, GM Contracting Inc., in the amount of $2,015,687.39. 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed, ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE THIRD DAY OF JUNE 2014. .......... . ;,�, Mike Pearson Mayor M ATTEST: am Bell City Clerk Resolution No. 2014-' ) 8 Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on June 3, 2014 at 7:00 pm. at the Issuer offices. Documents Attached: Minutes of said meeting (pages): June 3. 2014 City Council Minutes Draft, Page 5 1, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. Mayor Pearson introduced the following resolution and moved its adoption, which motion was seconded by Councilmember Nelson: M�� mWollumanwin uniftlymm-1410MEM BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota (the "City"), as follows: Section 1. Authorization, Pull2ose. It is hereby determined to be in the best interests of the City to issue its General Obligation Bonds, Series 2014A, in the approximate principal amount of $6,235,000 (the "Bondsas authorized pursuant to Minnesota Statutes, Chapters 475, 444, 429 and 412.3 0 1, for the purpose of (a) financing various street improvements in the City, (b) financing various water and sewer improvement in the City, (c) financing various items of capital equipment and (d) funding costs of issuance of the Bonds. Section 2. Notice of Sale, Northland Securities, Inc., financial advisor to the City, has presented to this Council a form of Notice of Sale for the Bonds which is attached hereto and hereby approved and which shall be placed on file by the City Administrator. Each and all of the provisions of the Notice of Sale are hereby adopted, as the terms and conditions of the Bonds and of the sale thereof. Northland Securities, Inc. is hereby authorized to solicit bids for the Bonds on behalf of the City on a competitive basis. Section 3, Award and Sale, The City Council shall meet at the times and places shown in the Notice of Sale for the purpose of considering sealed bids for the purchase of the Bonds and of taking such action thereon as maybe in the best interest of the City. Upon vote being taken thereon, the following members voted in favor thereof: Pearson, Nelson, tIn Smith, Bloyer, and Reeves $6,235,000* GENERAL OBLIGATION BONDS, SERIES 2014A CITY OF LAKE ELMO, MINNESOTA (Book -Entry Only) TIME AND PLACE: Proposals will be opened by the City Administrator, or designee, on Tuesday, June 17, 2014, at 11 t3o A CT, at the offices of Northland Securities, Inc., 45 South 7th Street, Suite 2000, Minneapolis, Minneso 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at t City Offices beginning Tuesday, June 17, 2014, at 7:00 Proposals may be: a) submitted to the office of Northland Securities, Inc., b) taxed to Northland Securities, Inc, at 612-851-591.8, c) for proposals submitted prior to the sale, the final price and coupon rates may be submitted to Northland Securities, Inc. by telephone at 612-851-5900 or 612-851-4920, or d) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITYT11, or its successor, in the manner described below, until 11:30 A.M., CT, on Tuesday, June 17, 2014. Proposals may be submitted electronically via PARITYTM or its successor, pursuant to this Notice until 11:30 A.M., CT, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITYTM, or its successor, conflict with this Notice, the terms of this Notice shall control. For further information about PARITYT., or its successor, potential bidders may contact Northland Securities, Inc. or i- Dealo at 1359 Broadway, 2 nd floor, New York, NY 10018, telephone 212-849-502 1. Neither the City nor Northland Securities, Inc. assumes any liability if there is a malfunction of PARITYTM or its successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. IRV The Bonds will be issued by means of a book -entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York-, which will act as securities depository of the Bonds. Preliminary; subject to change. The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread, Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of single maturity through book entries made on the books and records of DTC and its participants. Principal a interest are payable by the City through Northland Trust Services, Inc. Minneapolis, Minnesota (the "Payi Agent/Registrarto DTC, or its nominee as registered owner of the Bonds. Transfer of principal and intere payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest paymen to beneficial owners by participants will be the responsibility of such participants and other nominees beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to depo the bond certificates with DTC. The City will pay reasonable and customary charges for the services of Paying Agent/Registrar. I 0 ig ions o e ty an are payable from special assessments against all benefited properties, net revenues of the sewer and water utty systems, and tax levies, The full faith and credit of the City is pledged to their t, payment and the City has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the 4:1 debt service account established for this issue, INTEREST PAYMENTS Interest is due semiannually on each January 15 and July 15, commencing July 15, 2015, to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the first day (whether or not a business day) of the calendar month of such interest payment date. MATURITIES Year Amount Year Amount Year Amount 2016 $355,000 2021 $430,000 2026 $390,000 2017 415,000 2022 445,000 2027 400,000 2018 415,000 2023 445,000 2028 405,000 2019 420,000 2024 455,000 2029 420,000 2020 430,000 2025 380,000 2030 430,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal, maturing or subject to mandatory redemption in each year conforms to the maturity s--hedule set forth above, INTEREST RATES All rates must be in integral multiples of 1/20th or 1/8th of 1%. Rates must be in lei,el or ascending order. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity. The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase decrease will be made in multiples of $5,000 and may be made in any maturity, If any maturity is adjusted, t purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be ma promptly after the sale and prior to the award of r,#♦ by the City and shall be at the sole discretion of t City. The successful • may not withdraw or modify its Proposal once submitted to the City for a reason, including post -sale adjustment, Any adjustment shail be conclusive • shall •... binding upon t successful bidder, I lull 111amIlLy peel ic 1 on s o 7 epal s a ec lot by the Bond • If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification nurnbers shall be paid by the successful bidder. Delivery of the Bonds will be within forty days after award, subject to an approving legal opinion by Dorsey & Whitney LLP, Bond Counsel. The legal opinion will be paid by the City and delivery will be anywhere in the continental United States without cost to the successful bidder at DTC, Dean Zuleger, City Administrator Lake Elmo City Hall 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042 A good faith deposit (the "Deposit") in the amount of $124,700 in the form of a federal wire transfer (payable to the order of the City) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Financial Advisor promptly after the sale. If the Deposit is not received from the apparent winning bidder in the time allotted, the City may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer. The City will retain the Deposit of the successful bidder, the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the City. No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. The Bonds will be awarded on the basis of the lowest interest rate to be, determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each Proposal, in accordance with customary practice, will be controlling. In the event of a tie, the sale of the Bonds will be awarded by lot. The City will 16 161 11-1,11iiiii "M lfj-f the City determines to have failed to comply with the terms herein, The successful bidder will be required to provide, in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. By awarding the Bonds to any underwriter Or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulemaking Board (MSRB). FULL CONTINUING DISCLOSURE UNDERTAKING The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure z:1 Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15c2-12. BANK QUALIFICATION The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as arnended, if the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee, Any other rating agency fees shall be the responsibility of the successful bidder, Failure of the The City reserves the right to reject any and all Proposals, to waive informalities and to adjourn the sale. Dated: June 3, 2014 BY ORDER OF THE LAKE ELMO CITY COUNCIL /s/ Dean Zuleger City Administrator Additional information may be obtained from: Northland Securities, Inc. 45 South 7'1' Street, Suite 2000 Minneapolis, Minnesota 55402 Telephone No.: 612-851-5900 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-111, an ordinance to the Citys regulations pertaining to Shoreland Areas; and • mlmmplm� 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 Elmol that the City Clerk shall cause the following summary of Ordinance No. 08-111 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. 08-111, which replaces the current sections of the City Code pertaining to the Shoreland Ordinance. The revised ordinance includes the following revisions from the previous ordinance: The list of registered public water bodies has been updated and verified using the NIN DNR inventory of public waters. The bulk and dimension standards related to lot size, lot width, maximum impervious surface and other performance standards for properties in shoreland areas has been updated according to sewered vs. non-sewered lots and riparian vs. non -riparian lots. # The establishment of permitted, conditional and interim uses that are allowed in shoreland areas; The full text of Ordinance No. 08-111 is available for inspection at Lake Elmo city hall during regular business hours. Resolution No. 2014-40 Page I of 2 Dated: June 3, 2014: 44-ayor earson w Ada m ell, �City Clerk and upon vote being taken thereof, the following voted in favor thereof: %001 and the following voted against same: 0 Resolution No. 2014-40 Page 2 of 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RE SOLUTION APPOINTING ELECTION JUDGES FOR THE 2014 PRIMARY AND GENERAL ELECTION WHEREAS, pursuant to Section 2014B.21 of the Minnesota Election Laws, Election judges shall be appointed by the municipality; and WHEREAS, the appointments shall be made at least 25 days before the election at which the judges will serve; and WHEREAS, election judges and election judge trainees shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out duties at the polling place and attending training. WHEREAS, the City of Lake Elmo is dependent upon and appreciative of citizen assistance for its election process and, WHEREAS, the Lake Elmo 2014 Primary and General Election Judge appointments consist of individuals recommended by the City Clerk with the approval by majority of the City Council and, WHEREAS, the list of Election Judges may be amended by the City Clerk as needed up to 25 days prior to the Primary or General Election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the individuals listed on the attached Election Judges List are appointed to serve as election judges for the August 12, 2014 Primary Election and the November 4 2014 General and City Election at the hourly rate of $10.00 for election judges and $11.00 for head election judges. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE EL MO THIS SEVENTEENTH DAY OF JUNE, 2014. B e Pea son Mayor ....... .. Adam Bell, City Clerk 0 Resolution No, 2014-41 LIS F.1 I we] OUT 11,910 WHEREAS, the City undertakes public improvement projects from time to time, and may desire to defray all or a portion of the cost of the improvements against the benefiting properties; and WHEREAS, on November 16. 2010, the City adopted the Special Assessment Policies and Procedures for Public Improvements manual, to serve as the general guide for a systematic assessment process for public improvements in Lake Elmo; and WHEREAS, on May 6, 2014 the City Council adopted language clarifying how propel -ties in areas intended to be sewered and non-sewered should be assessed for water improvements. That language was readopted and perfected in Ordinance 08-108 by Council on June 17, 2014; and WHEREAS, City staff is recommending amendments to the policy in order to bring the assessment policy in line with the recently adopted lateral benefit charge ordinance language. NOW, THEREFORE, BE IT RESOLVED, 1. The Special Assessment Policies and Procedures for Public Improvements manual, amended June 17, 2014, a copy of which is attached hereto and made a part hereof, is hereby approved and adopted. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTHEENTH DAY OF JUNE 2014. CITY OF LAKE ELMO Mike Pearson Mayor Resolution No. 2014-42 Governing body: City Council Kind, date, time and place of meeting: A regular meeting held June 17, 2014, at 7:00 p.m., at the City offices. , ok Members present: /14 A Yo a mtle-c gEjEvES, Members absent: � t- m g� j,3 ri^J Documents attached: RESOLUTION AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $6,235,000 GENERAL OBLIGATION BONDS, SERIES 2014,4, 1, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on 2014. sty —Clerk— A RESOL UTION APPRO FING A PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR WILDFLOWER AT LAKE ELMO WHEREAS, Robert Engstrom Companies, 4801 West 81 " Street, # 10 1, Bloomington, MN ("Applicant") has submitted an application to the City of Lake Elmo ("'City") for a Planned Unit Development (PUD) Concept Plan, a copy of which is on file in the Lake Elmo Planning Department; and WHEREAS, the proposed PUD Concept Plan is to allow the development of a 145-unit residential subdivision to be called Wildflower at Lake Elmo that will be located within the northern portion of the Village Planning Area, and will incorporate exceptions from the City's Zoning Regulations as noted below; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on June 9,2014 to consider the PUD Concept Plan; and WHEREAS, on June 9, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the PUD Concept Plan with conditions; and WHEREAS, the Lake Elmo Planning Commission submitted its report and recommendation to the City Council as part of a memorandum from the Planning Department dated June 17, 2014; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission concerning the PUD Concept Plan at its regular meeting on June 17, 2014. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the procedure for obtaining approval of said PUD Concept Plan is found in the Lake Elmo City Code, Section 154,800, 2) That all the requirements of said City Code Section 154,800 related to the PUD Concept Plan have been met by the Applicant. 3) That the proposed PUD Concept Plan would allow the development of 145 single-family lots on a total site area of approximately 117 acres, roughly half of which would be preserved as open space. The Concept Plan includes the construction of a new parkway entrance from 3 9th Street and would allow for the re -platting of a portion of Outlot P within the Fields of St. Croix Second Addition. 4) That the PUD Concept Plan would be located on property legally described in the attached Exhibit A. 5) That the proposed PUD Concept Plan includes the following exceptions from the underlying MDR — Urban Medium Density Residential Zoning District requirements: a) The construction of streets that are 18 feet in width (and less than the City standard of 28 feet) to serve the rear portion of the courtyard homes in the southern portion of the subdivision. b) The establishment of a minimum lot size of 6,000 square feet for the courtyard homes, a) Is consistent with the goals, objectives, and policies of the Comprehensive Plan and that the uses proposed are consistent with the V-MDR Village Medium Density Residential land use designation shown for the area on the official Comprehensive Land Use Plan. b) Is consistent with the purpose of Section 150.800 et seq. of the City Code. c) Complies with the development standards of Section 150,800 et seq. of the City Code. 7) That the proposed PUD will allow a more flexible, creative, and efficient approach to the use of the land than if the applicant was required to conform to the standards of the existing zoning districts on this property, 8) That the uses proposed in the PUD will not have an adverse impact on the reasonable enjoyment of neighboring property and will not be detrimental to potential surrounding uses. 9) That the PUD is • sufficient size, composition, and arrangement that construction, marketing, and operation are feasi le as a comp ete unit, an at provision an construction of dwelling units and open space are balanced and coordinated. 10) That the PUD will not create an excessive burden on parks, schools, streets, and other public facilities and utilities, which serve or are proposed to serve the development. 11) That the PUD is designed in such a manner as to form a desirable and unified environment within its own boundaries. 1. used on the foregoing, the Applicant's PUD Concept Plan for the development of a 145- unit residential subdivision to be called Wildflower at Lake Elmo is hereby approved, subject to the following: a. The applicant shall submit a formal request to the City to remove the existing conservation easements over Outlot P of the Fields of St. Croix Second Addition. The concept plan must be revised if the City Council does not agree to the requested removal. b. The proposed road providing a connection to 39th Street shall be included as Part of the improvement plans for Wildflower at Lake Elmo. c. The preliminary plat shall include landscape plans that incorporate additional screening and buffering of residential properties located to the east and northeast of Wildflower at Lake Elmo. d, The Preliminary Plat will address all comments from the City Engineer in a letter to the City dated June 2, 2014. In particular, the preliminary development plans shall address the provision of public sewer and water to the subdivision. e. The Comprehensive Plan Amendments related to Wildflower at Lake Elmo must be approved before the City can take action on apreliminary plat. f. All storm water retention and infiltration areas must be dedicated to the City and platted as outlots on the preliminary plat unless otherwise directed by the City Engineer. g. The developer shall define the purpose and use of the proposed streets, and specifically for those streets that do not meet current City engineering and design standards. All streets shall be dedicated for public use subject to any parking restrictions as recommended by the City Engineer. h. The most southerly street running east and west shall be designed in accordance with the recommendations of the City Engineer, iA public trails must be located outside of"wetland buffer zones. j. The small residential area and cul-de-sac immediately east of Lake Elmo Avenue shall be provided with public sanitary sewer service, k. The applicant shall secure all necessary permits from Washington County for the proposed access off of Lake Elmo Avenue North, 1, The developer shall work with the property owner immediately to the south of Wildflower at Lake Elmo concerning the proposed expansion of the existing Layton Avenue right-of-way, The developer will also give consideration to adding a second access point to 39th Street. m. The developer shall submit a PUD plan as part of any future preliminary development plans. The City of Lake Elmo agrees to a reduced road right-of-way to serve the rear yards of the courtyard homes. The PUD Plan shall include all requested departures from City ordinances and development standards, n. The developer shall prepare a plan for • and management of the proposed conservation areas as part of preliminary PUD plans, o. The Fields of St. Croix Association will be added a party to all existing conservation easements within the Fields of St. Croix Second Addition as described in Open Space Easement documents associated with this subdivision dated February 28, 2000 and December 6, 2002. pThe Concept Plan shall be amended to incorporate all revisions proposed by the developer and presented at the June 9, 2014 Planning Commission meeting for additional screening and road adjustments immediately south of the Richard Smith property and to remove the eastern cul-de-sac within Outlop P of the Fields of St. Croix Second Addition near the Eischen property. Passed and duly adopted this 17'1' day of June 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTFST: RESOLUIYON APPROVING ANAMENDMENT TO THE CITY OF LAKE ELMO COMPREHENSIVE PLAN WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, Robert Engstrom Companies, 4801 West 8 1" Street, 4101, Bloomington, MN, ("Applicant") has submitted an application to the City of Lake Elmo ("City") to amend the Lake Elmo Comprehensive Plan, a copy of which is on file in the City Planning Department; and WHEREAS, the request to amend the Comprehensive Plan was submitted along with a Planned Unit Development concept plan for a proposed single-family residential subdivision to be called Wildflower at Lake Elmo; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on June 9, 2014 to consider the request to amend the Comprehensive Plan; and WHEREAS, on June 9, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the request to amend the Comprehensive Plan; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan at meetings on June 17, 2014, July 1, 2014 and September 2, 2014 and September 16, 2014; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: am 1) That the Applicant has submitted a request to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and Lake Elmo Planning Commission, 2) That the request to is to amend the Future Land Use Map (Map 3-3 in Chapter III — Land Use Plan) and Village Planned Land Use Map (Map 3-5 in Chapter III — Land Use Plan) in the Lake Elmo Comprehensive Plan, and to specifically change the future land use designation of a portion of two parcels of land located within the Wildflower at Lake Elmo development as depicted in the attached Exhibit A and described as follows: a) To change the western portion of Outlot P of the Fields of St. Croix Second Addition from RAD — Rural Area Development to V-MDR Village Urban Medium Density Residential (a portion of PID 1102921 A3,0013). b) To change the approximately eight acres immediately east of the intersection of 4' ) d Street North and Lake Elmo Avenue (the area depicted for the westernmost single family residential lots on the Wildflower at Lake Elmo PUD Concept Plan approved by the City Council on June 9, 2014) from RAD — Rural Area Development and Village Open Space Overlay to V-LDR Village Urban Low Density Residential (a portion of PID 12.029.2132.0001). 3) That the proposed area impacted by the proposed amendment is relatively small and will not have a significant impact on the City's 2030 household and population forecasts. 4) That the proposed amendments are consistent with the overall goals and objectives of the Village Land Use Plan. NOW, THEREFORE, BE IT RE SOLVED, that based on the foregoing, the Lake Elmo City Council hereby approves the Applicant's request to amend the Lake Elmo Comprehensive Plan, subject to and contingent upon the following: 1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that its review has been completed and approved. Passed and duly adopted this 16 th day of September 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, ayor Adam Bell, City Clerk A�M # MNAMS "S CIVANKUWKY211 A RESOLUTION ACCEPTING SAAWARDING A CONTRACT FOR THE 2014 STREET IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the 2014 Street Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Hardrives, Inc., in the amount of $1,469,015.70. 1, That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible Adjusted Total Base Bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE SEVENTEENTH DAY OF U95-21MM CITY OF LAKE ELMO B arson on Mayor (Sea!) ATTEST: Adam Be City Clerk Resolution No. 2014-47 ♦ M In V DKOI guy I Whii WHEREAS, sanitary sewer improvements are necessary to connect the 39'h Street North sanitary sewer improvements by installing 2,000 feet of trunk sewer from Trunk Highway 5 to south of the Union Pacific Railroad tracks; and WHEREAS, there are three developable benefiting properties adjacent to said improvements; ME WHEREAS, a feasibility report has been prepared by FOCUS Engineering, Inc. for the Village East Trunk Sanitary Sewer Improvements; and WHEREAS, the feasibility report recommends that benefitting properties along the project route be assessed all or a portion of the cost of the improvements pursuant to the City's Special Assessment Policy and Minnesota Statutes, Chapter 429; and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels; and WHEREAS, the City Engineer, together with Bolton and Menk, Inc. has prepared plans and specifications for the Village East Trunk Sanitary Sewer Improvements: TH 5 to UP Railroad and has presented such plans and specifications to the Council for approval, I. The City Council directs the City Engineer and FOCUS Engineering, Inc., to complete a feasibility report in accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvernent is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. 2. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $288,000 for the sanitary sewer improvements, Resolution No. 2014-48 3. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 4, A public hearing shall be held on such proposed improvements on the 15th day of July, 2014, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 5. Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. The plans and specifications shall be incorporated with the 3 91h Street North-, Street and Sanitary Sewer Improvements project and bid as all add alternative. 6. The City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTEENTH DAY OF JUNE, 2014. Mike Pearson Mayor dale Bel City Clerk Resolution No. 2014-48 2 CITY OF LAKE x x WHEREAS, pursuant to a resolution passed by the City Council on the 6"' day of May, 2014, the City Engineer, together with Bolton and Menk, Inc;. has prepared plans and specifications for the 39`h Street North Street and Sanitary Sewer Improvements and has presented such plans and specifications to the Council for approval, and WHEREAS, pursuant to a resolution passed by the City Council on the 17"' day of June, 2014, the City Engineer, together with Bolton and Menk, Inc,, has prepared plans and specifications for the Village East Trunk Sanitary Sewer Improvements; Trunk Highway S to UP Railroad, and said plans have been incorporated as an add alternate bid package for the 391n Street North: Street and Sanitary Sewer Improvements, I, Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of file amount of such bid will be considered. CITE' OF LAKE ELMO r 'Mike.. --- Mayor Resolution No: 2014-4 =-A lill LIJUMMULM UNPANWIJULIM1121 MI DIRIUM] WHEREAS, the City of Lake Elmo desires to close the accounting records as of December 31, 2013, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, that the following transfers may be made effective December 31, 2013: * Close fund 418 into fund 319 0 Close fund 419 into fund 321 0 Close fund 313 into fund 318 * Close fund 420 into fund 409 0 $400,000 from the General Fund (10 1) to the Village fund (413) so that funds are available to make the annual loan repayments approved by City Council for 2012 ($200,000) and 2013 ($200,000). By: Mike earson Mayor 9 Run A-M.Own � I mom"Mm RESOLUTION NO. 2014-51 k I I I I LINE tHONK I x ffif E BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, PID #04.02921.23.001 0 may be removed from the 2014 assessment roll due per the attached Washington County abatement forms. APPROVED by the Lake Elmo City Council on this 17 1h day of June, 2014, e- By Mike Pearson Mayor Room= RESOLUTION NO. 2014-53 A RESOLUTIONAPPROVING A PRELIMINARY PLAT FOR HUNTER'S CROSSING WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, The Ryland Group, 7599 Anagram Drive, Eden Prairie, MN has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for Hunter's Crossing, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on June 23, 2014 to consider the Preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as Fart of a memorandum to the City Council from Community Development Director Kyle Klatt for the July 1, 2014 Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July 1, 2014 and made the following findings of fact: 1) That the Hunter's Crossing preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Hunter's Crossing preliminary plat complies with the City's Urban Low Density Residential zoning districts. 3) That the Hunter's Crossing preliminary plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances. 4) That the Hunter's Crossing preliminary plat complies with the City's subdivision ordinance, 5) That the Hunter's Crossing preliminary plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated May 23, 2014. Resolution No. 2014-53 NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the preliminary plat for Hunter's Crossing subject to the following conditions: 1) Within six months of preliminary plat approval, the applicant shall complete the following: a) the applicant shall provide adequate title evidence satisfactory to the City Attorney; and b) the applicant shall pay all fees associated with the preliminary plat. The above conditions shall be met prior to the City accepting an application for final plat and prior to the commencement of any grading activity on the site, 2) The landscape plan and tree preservation plan shall be reviewed and approved by an independent forester or landscape architect in advance of the approval of a final plat and final construction plans, 3) The final landscape plan shall incorporate additional planting where feasible adjacent to the shared property lines with the parcels at 404 and 275 Lake Elmo Avenue North. 4) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated June 17, 2014. The required improvements shall include, but not be limited to the construction of a northbound right turn lane and southbound center turn lane. 5) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 6) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 7) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance less the amount of land that is accepted for park purposes by the City. Any cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording, 8) Any land under which paved public trails are located will be accepted as park land provided the developer constructs said paved trails as part of the public improvements for the subdivision. 9) The temporary access to Lake Elmo Avenue must be eliminated when access to 5th Street is provided, The City will not issue building permits for more than 25 lots within Hunter's Crossing until such time that the temporary access is closed, 2 Resolution No. 2014-53 10) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval, The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 11) All required modifications to the plans as requested by the City Engineer in a review letter dated May 23, 2014 shall be incorporated into the plans prior to consideration of a final plat. 12) The applicant is encouraged to preserve or re -use as many trees as possible that are currently located on the property and to incorporate these trees as part of the landscape plan for the subdivision. 13) The applicant shall provide written consent from the adjacent property owner to the north agreeing to the grading and storm sewer work depicted on this property. 14) Water improvements must be available to serve the subdivision, 15) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee Schedule for the entire development prior to the release of the final plat for recording, regardless of project phasing. Passed and duly adopted this I st day of July 201.4 by the City Council of the City of Lake Elmo, Minnesota. LVOILIS Adam Bell, City Clerk 3 Resolution No. 2014-53 MODEM MIT 0 i 110114 Lei" L11 RX I mull so 119191 WN14 RESOLUTION NO. 2014-55 WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota, and WHEREAS, Hammes West, LLC, 36 Moonlight Bay, Stillwater, MN has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for Hammes Estates, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on May 12, 2014 to consider the Preliminary Plat request and continued discussion of the Preliminary Plat at its June 23, 2014 meeting ; and WHERE, AS, the Lake Elmo Planning • has submitted its report and • concerning the Preliminary Plat as part of a memorandum to the City Coun from City Planner Nick Johnson for the July 1, 2014 Council Meeting; and I WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July 1, 2014 and made the following findings of fact: 1) That the flarnmes Estates Preliminary Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Hammes Estates Preliminary Plat complies with the City's LIAR - Urban Low Density Residential zoning district, 3) That the Hammes Estates Preliminary Plat complies with the City's subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Hammes Estates Preliminary Plat subject to the following conditions: a. The applicant shall provide adequate title evidence satisfactory to the City Attorney. b. The applicant shall submit a revised Preliminary Plat and plans meeting all conditions of approval. All of the above conditions shall be met prior to the City accepting an Resolution 2014-55 application for Final Plat and prior to the commencement of any grading activity on the site. 2) The City Engineer shall review and approve all revised Preliminary Plans that are submitted to the City in advance of Final Plat to satisfy Condition # 1. 3) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements. 4) All required modifications to the plans as requested by the City Engineer in a review letter dated June 16, 2014 shall be incorporated into the plans prior to consideration of a Filial Plat. 5) Prior to the acceptance of the public improvements for the Hammes Estates plat, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. 6) The landscape plan shall be updated per the recommendations of the City's landscape consultant in a review memo dated 5/7/14. 7) The applicant shall be responsible for the construction of all improvements within the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the review letter received from the County dated May 6, 2014, The required improvements shall include, but not be limited to: construction of a modified median crossing, construction of a trail/sidewalk to the south side of the median, turn lanes, and other improvements as required by the County, 8) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the commencement of any grading or development activity on the site, 9) Landscape islands shall be platted as part of the right-of-way and shall be maintained by the Home Owners Association. The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat, 10) With an eligible parkland dedication of 5.7 acres provided, the applicant is responsible to pay a fee in lieu of land dedication for the equal market value amount of 2.1 acres of land at the time of the Final Developers Agreement, The City will work with the developer to clarify any and all park fee payments at the time of the Final Developers Agreement. I I) No more than 100 units may be approved as part of a final plat until secondary access is provided to the subdivision via a connection to 5t" Street through the Savona subdivision. 12) For trails proposed to be located in any wetland buffer, the applicant must present a suitable design or material that is acceptable to the City and Valley Branch Watershed District, 13) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 2 Resolution 2014-55 14)The applicant must incorporate a play structure into the proposed park at Goose Lake per the request of the Lake Elmo Park Commission. Furthermore, the applicant must Submit an updated design of the park property that meets City approval in advance of Final Plat. 15) The applicant shall work with the Planning Staff to name all streets in the subdivision prior to submission of a Final Plat. 16) Lots 1-6, Block 10 and Lots 1-5 and I 1- 12, Block 9 shall not be platted until the southern channel of Goose Lake is closed off from the lake, or the shoreland issue around the channel is resolved in some other manner that is acceptable to the DNR, 17) The applicant shall work to relocate segments of the northern buffer trail further to the south of the Stonegate subdivision wherever it is feasible as long as the trail does not encroach on any required wetland buffers. Passed and duly adopted this 1st day of July 2014 by the City Council of the City of Lake Elmo, Minnesota, ,-r'TMike Pearson, �Mayor ATTEST: 11dam Bell City Cleric 3 Resolution 2014-55 Mk NMI V., W01 rr WHEREAS, the City maintains a 5-year revolving Street Capital Improvement Program (Street CIP) to promote the strategic use of limited financial resources while maintaining, developing or replacing the City's local street network; and WHEREAS, the Street CIP represents the City's long-range street improvement program that identifies the present and future needs and priorities, and develops a schedule of public improvements to address the most essential improvements first; and WHEREAS, with a street reconstruction project the City reviews and considers the potential replacement or need for utility improvements in accordance with the City's 2030 Comprehensive Plan, including watermain or sanitary sewer, to be constructed in conjunction with the street improvement; and WHEREAS, it is proposed to initiate the 2015 Street and Utility Improvement project to improve the following local streets; * 36h Street North, from Jarnaca Avenue to Irwin Avenue, 0 37 th Street North, from Jamaca Avenue to Irwin Avenue, 0 Irwin Avenue North, 0 38'h Street North, from Ideal Avenue to Innsdale Avenue, * 39�' Street North, from Ideal Avenue to Innsdale Avenue, * Innsdale Avenue North, 0 Kelvin Avenue North, from Trunk Highway 5 to cul-de-sac; and WHEREAS, it is proposed to assess the benefiting properties for all or a portion of the cost of the improvement, pursuant to the City's Special Assessment Policy and Minnesota Statues, Chapter 429. That the proposed improvement, called the 2015 Street and Utility Improvements, be referred to the City Engineer and FOCUS Engineering, and that FOCUS Engineering is instructed to complete a feasibility report in accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible-, whether it should be best made as proposed or in connection with some other Resolution No. 2014-56 1 improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE FIRST DAY OF JULY 2014. CITY OF LAKE ELMO Icy-z, Mike Pearson Mayor (Sea!) eololpll Adam Bell City Clerk Resolution No. 2014-56 2 I all lks I utten MA I zcls� WHEREAS, the City of Lake Elmo and Washington County have been working jointly on the Lake Elmo Avenue (County Road 17) Corridor Management and Safety Improvement Project to improve Lake Elmo Avenue from 3 oth Street to Trunk Highway 5 while extending sanitary sewer service into the Downtown Village area; and WHEREAS, each entity will be responsible for sharing in the project costs as jointly agreed to; and WHEREAS, the improvements will be implemented in two phases with the Phase I Street and Utility Improvements proposed for construction in 2015; and the remaining improvements constructed in 2016; and WHEREAS, the Phase I Improvements includes street, drainage and utility improvements, including the extension of sanitary sewer service and replacement of aging watermain infrastructure along the following corridors; * 30 th Street North, from the Reid Park lift station to Lake Elmo Avenue. * Lake Elmo Avenue, from 30 th Street North to Upper 33 rd Street. * Upper 33 rd Street North, from Lake Elmo Avenue to Laverne Avenue North. * Laverne Avenue North, from Upper 33 rd Street North to Trunk Highway 5. WHEREAS, it is proposed to assess the benefiting properties for all or a portion of the cost of the improvement, pursuant to the City's Special Assessment Policy and Minnesota Statues, Chapter 429, That the proposed improvement, called the Old Village Phase I Street and Utility Improvements, be referred to the City Engineer and FOCUS Engineering, and that FOCUS Engineering is instructed to complete a feasibility report in accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should be best made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. ADOPTED BY THE LAKE EL MO CITY COUNCIL ON THE FIRST DAY OF JULY 2014. CITY OF LAKE 0 By. Mike Pearson Mayor (Sea]) ATTEST: Adarn Bell City Clerk Resolution No. 2014-57 A RESOLUTIONAPPROVINGA PRELIARATARYPLATFOR EASTON VILLAGE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Easton Village, LLC 2140 West Countyy Road 42, Burnsville, M`N has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for Easton Village, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on June 30, 2014 to consider the Preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council from Community Development Director Kyle Klatt for the July 15, 2014 Council Meeting; and WHERE AS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July 15, 2014 and made the following findings of fact: 1) That the Easton Village preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Easton Village preliminary plat complies with the City's Urban Low Density Residential zoning districts. That the Easton Village preliminary plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, and is consistent with the City's engineering design standards with corrections as noted by the City Engineer, 4) That the Easton Village preliminary plat complies with the City's subdivision ordinance. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the preliminary plat for Easton Village subject to the following conditions: Resolution No, 201.4-58 1) Within six months of preliminary plat approval, the applicant shall complete the following: a) the applicant shall provide adequate title evidence satisfactory to the City Attorney; b) the applicant shall pay all fees associated with the preliminary plat. All of the above conditions shall be met prior to the City accepting an application for final plat and prior to the commencement of any grading activity on the site. 2) The grading plan shall be updated to include the protective tree fencing necessary to preserve all vegetative areas identified for protection around the 5,15 acre residential parcel to the west of the subdivision. 3) The applicant shall work with the City and Washington County to identify and reserve sufficient space for a future trail corridor along the western right-of-way line of Manning Avenue, 4) The applicant shall submit a landscape plan prepared by landscape architect for review and approval by the City. The landscape plan submittal will include a tree protection and replacement plan consistent with City ordinances. 5) The final plat will incorporate all review comments from the City's landscape architect, including the selection and mix of plantings within storm water basins and infiltration areas. 6) The landscape plan shall include additional plantings around the Northern Natural Gas utility site. 7) The proposed access to Manning Avenue will be permitted as a temporary access until such time that the Village Parkway is connected to 300th Street. The construction plans will be updated to reflect the temporary nature of this street. 8) The applicant shall be responsible for the construction of all improvements within the Manning Avenue (CSAH 15) right-of-way as required by Washington County and further described in the review letter received from the County dated June 24, 2014, 9) The developer shall follow all of the rules and regulations spelled out in the Welland Conservation Act, and shall acquire the needed permits from the appropriate watershed districts for the storm water management system prior to the commencement of any grading or development activity on the site. 10) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 11) The developer shall provide an updated accounting of the land to be dedicated for park purposes prior to submission of a final plat. If required, the developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance less the amount of land that is accepted for park purposes by the City, Any cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording. 12) Any land under which public trails are located will be accepted as park land provided the developer constructs said trails as part of the public improvements for the subdivision, 2 Resolution No. 2014-58 13) All required modifications to the plans as requested by the City Engineer in a review letter dated June 26, 2014 shall be incorporated into the plans prior to consideration of a final plat. 14) The City and developer will determine the appropriate distribution of future costs associated with the Village Parkway railroad crossing improvements as part of a developer's agreement for any portion of Easton Village. 15) The developer shall address any comments from Metropolitan Airport Commission as part of a final plat submission for any portion of Easton Village. MAC will be asked to comment on the landscape plan, and the plan shall be revised to address any specific comments concerning the appropriate vegetation to be planted within storm water facilities. 16) The landscape plan shall be revised to eliminate all trees planted within the Lake Elmo Airport Regulatory Protection Zone. 17) The final plat shall include a paved trail connection between Lots 13 and 14 of Block 3, 18) The applicant shall submit written acknowledgement from property owner of the parcel immediately to the south of Easton Village concerning the storm water being outlet running into their property. 19) The applicant is encouraged to incorporate elements from the Lake Elmo Therning Study into the open space areas within the subdivision. 20) The developer shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. 2 1),rhe developer shall be required to extend sewer to the northernmost boundary of the site. Passed and duly adopted this 15'h day of July 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor 4dam Bc11, City Cleric 3 Resolution No, 2014-58 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA A RESOLUTION APPROVING A PRELIMINARY -PLAT FOR VILLAGEPRESERVE. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850 Old County Road 15, Suite 200, Plymouth, MN, has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for a 97-unit single family subdivision on an approximately 40 acre parcel in the Village Planning Area (PID: 12,029,21.33,0001) to be called Village Preserve, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on June 30, 2014 to consider the Preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat subject to 13 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council from City Planner Nick Johnson for the July 15, 2014 Council Meeting; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July 15, 2014 and made the following findings of fact: I ) That the Village Preserve Preliminary Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area, 2) 'That the Village Preserve Preliminary Plat complies with the City's MDR- Urban Medium Density Residential zoning district. 3) That the Village Preserve Preliminary Plat complies with the City's subdivision ordinance, 4) That the Village Preserve preliminary plat meets other City zoning ordinances, such as landscaping, tree preservation, erosion and sediment control, and other ordinances, with the exceptions noted in the conditions of approval, 5) That the Village Preserve preliminary plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated June 23, 2014. 6) That the Village Preserve preliminary plat provides effective and safe pedestrian facilities, contributing to a walkable community as guided by the Village Land Use Plan, Resolution No. 2014-59 NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Village Preserve Preliminary Plat subject to the following conditions: 1) Within six months of preliminary plat approval, the applicant shall complete the following: a. The applicant shall provide adequate title evidence satisfactory to the City Attorney. b. The applicant shall submit a revised Preliminary Plat and plans meeting all conditions of approval. All of the above conditions shall be met prior to the City accepting an application for Final Plat and prior to the commencement of any grading activity on the site, 2) The City Engineer shall review and approve all revised Preliminary Plans that are submitted to the City in advance of Final Plat to satisfy Condition #I . 3) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements. 4) All required modifications to the plans as requested by the City Engineer in a review letter dated June 23, 2014 shall be incorporated into the plans prior to consideration of a Final Plat. 5) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 6) Related to proposed storm water discharge to the north, the applicant must provide written permission from the property owner of the parcel located immediately north of the proposed Village Preserve subdivision consenting to the discharge location, volume and rate(s) in advance of submitting Final Plat. 7) The applicant shall be responsible for the submission of final plans and the construction of all improvements within the Lake Elmo Avenue (CSAF1 17) right-of-way as required by Washington County and further described in the review letter received from the County dated June 24, 2014. 8) The Landscape Plan shall be updated per the recommendations of the City's Landscape Consultant, describe in a memo dated 6/25/14. 9) The developer shall be required to submit an updated parkland dedication calculation in advance of Final Plat to clarify the proposed amount of dedication being provided in the Village Preserve Subdivision, For whatever amount of land the applicant is short of the required parkland dedication amount, the applicant will either: a. Subdivide the parcel under contract with Schiltgen Farms, Inc. and dedicate the land being proposed for parkland dedication east of Reid Park; or b. Post an escrow in the amount equal to the fees in lieu of land dedication for the equal market value of the remaining land dedication requirement for Village Preserve until such time the land is dedicated east of Reid Park. M Resolution No, 2014-59 10) Secondary access to the site must be provided as part of the 2d phase of the Village Preserve Subdivision. Said access must be included in the Final Plat and final construction documents for the 2nd phase of the development. 11) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 12) Application for Final Plat for the Village Preserve subdivision will not be accepted until approved plans for the extension of sanitary sewer to the site have been accepted or ordered by the City. 13) All of the outlots within the Village Preserve Preliminary Plat that serve as parkland or storm water management shall be dedicated to the City. Passed and duly adopted this 15 Ih day of July 2014 by the City Council of the City of Lake Elmo, Mike Pearson, Mayor Adam Bell, City Clerk 3 Resolution No. 2014-59 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTIONAPPROVING ANA AlfENDAIENT TO THE; CITY OF LAKE ELMO COMPREHENSIVE. PLAN CHANGING THE., FUTURE LAND USE, DESIGNATION OF THE, HOLLIDAY PARCEL LOCATED IN THE VILLAGE PLANNING AREA WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHERE AS, GWSA Land Development, LLC, 10850 Old County Road 15, Suite 200, Plymouth, N/FN, ("Applicant") has submitted an application to the City of Lake Elmo ("City") to amend the Lake Elmo Comprehensive Plan, a copy of which is on file in the City Planning Department; and WHEREAS, the request to amend the Comprehensive Plan was submitted along with a Sketch Plan for a proposed single-family residential subdivision in the southeast portion of the Village Planning Area; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on June 30, 2014 to consider the request to amend the Comprehensive Plan; and WHEREAS, on June 30, 2014, the Lake Elmo Planning Commission unanimously adopted a motion to recommend that the City Council approve the request to amend the Comprehensive Plan; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan at a meeting on July 15, 2014; NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: anz�� 1) That the Applicant has submitted a request to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and Lake Elmo Planning Commission, 2) That the request to is to amend the Future Land Use Map (Map 3-3 in Chapter III —Land U,se Plan) and Village Planned Land Use Map (Map 3-5 in Chapter III — Land Use Plan) in the Lake Elmo Comprehensive Plan, and to specifically change the future land use designation a parcel of land located immediately west of Manning Avenue North (CSAH 15) and immediately north of 3 01h Street North (PID 13.029.21.44.0002) from RA D — Rural Area Development to V-LDR — Village Urban Low Density Residential. 3) That the Comprehensive Plan Amendment will apply to property legally described in the attached Exhibit "A", 4) That the subject property associated with the Comprehensive Plan Amendment request is currently located within the City's sanitary sewer service area, 5) That the proposed amendment will allow for the private market to complete the construction of the Village Parkway minor collector road, a critical transportation improvement needed to serve the upcoming growth and development and increased projected traffic volurnes within the Village Planning Area. 6) That the area impacted by the proposed as is relatively small, and that the potential increase in residential units associated with the amendment is not inconsistent with the projected levels of planned growth and development in the Village Area under the Village Land Use Plan. NOW, THEREFORE, BE IT RE SOLVED, that based on the foregoing, the Lake Elmo City Council hereby approves the Applicant's request to amend the Lake Elmo Comprehensive Plan, subject to and contingent upon the following: 1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that its review has been completed and approved. 2) As part of the preparation of Preliminary Plans for the Village Preserve South subdivision, the applicant shall prepare a screening plan along the western boundary of the Holliday parcel adjacent to the Mcleod parcel that effectively buffers the proposed residential subdivision from the rural single family lot to the west. Passed and duly adopted this 15 1h day of July 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pears'on, or Adam Bell, City Clerk 2 Resolution No. 2014-60 U&NUIUM Lei4al Description (PID 13,02921.44.0002) The South 498,6 feet of the South Half of the Southeast Quarter (S 1/2 of SE 1 /4) -. Section Thirteen (13), Township Twenty Nine North (29N.), Range 'Twenty-one West (21 W ) - except the West 1273.0 feet of the South Half of the Southeast Quarter of said Section Thirteen (13). And excepting therefrom that portion of the above tract conveyed to the County of Washington by that certain Quit Claim Deed dated March 30, 1987, and filed of record in the Ofice of the Washington County Recorder on April 2, 1987 as Document No. 535377. 3 Resolution No, 2014-60 A111 a# W-M LOS an V BEG oil I 1005rem- RESOLUTION NO. 2014-61 RESOL UTION A PPR 0 VING A THE LA AE WOOD CROSSING PRI.71. LVINA R Y PLAT A ND FIN24 L PLAT, AND APPROVING A CONDITIONAL USE PERMIT FOR A GASOLINE STATION IN STAGE I OF TILE 1- 94 CORRIDOR PLANNING AREA WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, CM Properties 94 LP, 3470 Washington Drive, Suite 102, Eagan, MN and Kwik Trip, Inc., PO Box 2107, La Crosse, WI, have submitted an application to the City of Lake Elmo (City) for a Preliminary Plat and Final Plat to be called Lakewood Crossing on an approximately 6 acre in Stage I of the 1-94 Corridor Planning Area (PID: 34.029.21.44.0007), a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, CM Properties 94 LP, 3470 Washington Drive, Suite 102, Eagan, MN and Kwik Trip, Inc,, PO Box 2107, La Crosse, WI, have submitted an application to the City of Lake Elmo (City) for a Conditional Use Permit to construct a gasoline station and car wash; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held public hearing on July 14, 2014 to consider the Preliminary Plat, Final Plat and Conditional Use Permit request; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat, Final Plat and Conditional Use Permit subject to 8 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat, Final Plat and Conditional Use Permit as part of a memorandum to the City Council from City Planner Nick Johnson for the July 22, 2014 Council Meeting; and WHEREAS, the City Council reviewed the application at its meeting held on July 22, 2014 and made the following findings of fact: 1) That the Lakewood Crossing preliminary and final plat are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Lakewood Crossing preliminary and final plat comply with the City's C - Commercial zoning district. 3) That the Lakewood Crossing preliminary and final plat comply with the City's subdivision ordinance. Resolution 2014-61 4) That the Lakewood Crossing preliminary and final plat meet other City zoning ordinances, such as landscaping, erosion and sediment control, and other ordinances. 5) That the Lakewood Crossing preliminary and final plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter July 9, 2014, 6) That the proposed architectural design of the gasoline station, canopy and car wash is consistent with the Lake Elmo Design Guidelines and Standards Manual. 7) That the proposed use will not be detrimental to or endanger the public health, safety. comfort, convenience or general welfare of the neighborhood or City. 8) That the use or development conforms to the City of Lake Elmo Comprehensive Plan. 9) That the use or development is compatible with the existing neighborhood. 10) That the proposed use meets all specific development standards for such use listed in Article 7 of the Zoning Code. I I)That the proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area. 12) That the proposed use will not be hazardous or create a nuisance as defined under the Zoning Code to existing or future neighboring structures. 13) That the proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems. 14) That the proposed use will not create excessive additional requirements at public cost for t)ublic facilities and set -vices and will not be detrimental to the economic welfare of the community, 15)That the proposed use will not involve uses, activities, processes., materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 16) That vehicular approaches to the property will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 17) That the proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Lakewood Crossing, Preliminary Plat, Final Plat and Conditional Use Permit subject to the following conditions: 1) All required modifications to the plans as requested by the City Engineer in a review letter dated July 9, 2014 shall be incorporated into the plans prior to the approval of the building permit for the gasoline station. Required modifications include, but are not limited to. the following: 2 Resolution 2014-61 a. The design of the west -bound left turn lane proposed for the southwest access on Hudson Boulevard must be revised to incorporate a 50:1 taper to account for the 50mph design speed of the road as suggested by the City Engineer and the supporting consultant. b. The design of the northeast right -out only access must be revised per the recommendation of the City Engineer and Washington County, The design of the northeast access must be approved by the City prior to the approval of the building permit, c. The width of the western full access road must be modified to 40 feet to allow for one inbound lane (16 feet wide) and two outbound lanes (left and right turn lanes, 12 feet wide). 2) The applicant shall provide for an access easement over the entire portion of the shared western driveway located on Lot 1, Block I to provide dedicated access for Outlot A. 3) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 4) The applicant shall enter into a maintenance agreement with the City concerning the storm water infiltration areas prior to the issuance of a building permit for the gasoline station. 5) The applicant shall pay a parkland dedication fee in the amount of $9,225.00 prior to the final plat being released for recording. 6) The Landscape Plan shall be reviewed by the City's Landscape Consultant. Any modifications requested by the Landscape Consultant shall be incorporated into the Final Landscape Plan prior to the approval of the building pert -nit for the gasoline station. 7) The applicant shall secure a sign permit for all signage associated with the proposed gasoline 8) The applicant shall secure any necessary MnDOT permits for any work impacting the MnDOT right-of-way. ' Al Bell, d City Clerk���� A I Resolution 2014-61 RESOLUTION NO. 2014-62 A RESOLUTION ACCEPTING THE AMENDED FEASIBLITY REPORT AND ORDERING THE IMPROVEMENT FOR THE VILLAGE EAST TRUNK SANITARY SEWER IMPROVEMENTS: TRUNK HIGHWAY 5 TO SOUTH OF THE UNION PACIFIC RAILROAD WHEREAS, pursuant a resolution of the city council adopted the 17"' day of June, 2014, the council accepted a feasibility report and ordered a hearing on Improvement for the Village East Trunk Sanitary Sewer Improvements: Tn5 to south of UP Railroad; and WHEREAS, the feasibility report and preliminary assessment roll was amended and dated July 21, 2014 to reflect increased project costs following contractor bids and a stakeholder meeting was field to present the amended preliminary assessment rolls; and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the I 9th day of August, 2014, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the amended feasibility report prepared by FOCUS Engineering, Inc., and dated July 21, 2014 provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels, 1. That the City Council accepts the amended Feasibility Report dated July 21, 2014 and will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $412,000 for the sanitary sewer improvements. is 0eemea necessary, dated July 21, 2014. 3. Such improvement is hereby ordered as proposed in the council resolution adopted this 19'h day of August, 2014. Assessments shall be levied to the benefiting properties identified in the Report for Sanitary Sewer Improvements as presented in the Report, 5: The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds, ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF AUGUST, 2014. (Seal) ATTES am l3cll City Clerk CITY OF.LA*EELM O Mike Pwfr on Mayor Resolution No. 2014-62 F_A & I ISJZM��� njmlu� R1 am I Ku Buy 110 NJ 51ANI'MA0,41MAT, ME IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the 39"' Street North: Street and Sanitary Sewer Improvements. bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, the Village East Trunk Sanitary Sewer Improvements: TH 5 to south of the UP Railroad was ordered by the council and made a part of the plans and specifications for the 39th Street North: Street and Sanitary Sewer Improvements project as an add alternative bid package; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract for both the base bid and Alternate No, I to the lowest responsible bidder, Gelslinger & Sons, Inc., in the amount of $1,760,458.80. NOW, THEREFORE, IT IS HEREBY RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible hid and nccnrdinp to the nlqns and snecifications thereof anDroved by the Citv Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed, ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE NINETEENTH DAY OF AUGUST 9M CITY OF LAKE ELMO Mik6'-Pearson Mayor (Sea]) ATTEST: 6am l3d A City Clerk Resolution No. 2014-63 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF LAKE ELMO COMPREHENSIVE PLAN WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and WHEREAS, The City Council of the City of Lake Elmo ("City") has directed the Lake Elmo Planning Commission to consider all amendment the Lake Elmo Comprehensive Plan that would eliminate the RAD-ALT (Rural Area Development Alternate Density) future land use category from the Future Land Use map and as referenced in other portions of the Plan and to change all parcels that are currently guided as RAD-ALT (2.0 units per acre) to RAD -- Rural Agricultural Density (0,45 units per acre), a description of which is on file in the Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on July 14, 2014 to consider said Comprehensive Plan amendment; and WHEREAS, on July 14, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve said Comprehensive Plan amendment; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan at a meeting on August 5, 2014; and. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the Planning Commission has reviewed said Comprehensive Plan Amendment in accordance with the procedures as established by the Lake Elmo Planning Department and Lake Elmo Planning Commission. 2) That the Planning Commission conducted a public hearing on January 13, 2014 consistent with these procedures, 3 )) That the proposed amendment is to is to revise the Future Land Use Map (Map 3-3 in Chapter Ill — Land Use Plan) ill the Lake Elmo Comprehensive Plan, and to specifically to eliminate the RAD-ALT (Rural Area Development Alternate Density) future land use Resolution No, 2014-64 category from this map to change all parcels that are currently guided as RAD-ALT (2.0 units per acre) to RAD — Rural Agricultural Density (0.45 units per acre). The proposed amendment will also eliminate all other references to RAD-ALT in the Comprehensive Plan, 4) That the Comprehensive Plan Amendment will apply to property legally described in the attached Exhibit "A", 5) That the revised Met Council "Thrive 2040" population and household forecast for the City of Lake Elmo and the elimination of the 2005 MOU between the City and Met Council has reduced the pressure for additional growth and development within the City's rural development (unsewered) areas. 6) That higher density residential development is encouraged in areas that will be served by public sanitary sewer where the provision of these services is more cost-effective and where the City has either invested or is planning to invest in significant infrastructure improvements. 7) That the Housing Chapter of the Comprehensive Plan specifically states that any future higher density housing in Lake Elmo, including senior -specific housing, will be best accommodated within the Old Village Area or 1-94 corridor due to proximity to goods, services, and public facilities, 8) That the three existing parcels guided for RAD-ALT development do not demonstrate any characteristics that are substantially different from other areas guided for RAD development in the City of Lake Elmo or that would indicate that higher density development is more appropriate in this area than any other site within the City. 9) That the City is has recently adopted major Comprehensive Plan amendment related to development in the Old Village Area and the 1-94 corridor, Given the current market conditions, the City encourages higher density development in areas that would help off -set the significant infrastructure costs required to serve these areas. 10) That higher density housing is not consistent with the City's stated goals to preserve and enhance its rural character, especially when planned in areas that are guided for Rural Agricultural Density, 11) That build -out of existing empty lots in platted and developed OP developments is encouraged over the creation of new development and service areas in the community 12) That new access that would be needed to support development on the existing RAD-ALT parcels does not conform to the City's Transportation Plan that encourages limited access to major collector roads and is inconsistent with the City's access spacing guidelines. 13) That the 2010 Comprehensive Plan Amendment for property at 943 )4 Stillwater Boulevard North was designed to accommodate a specific development proposal which no longer exists. 14) That no development proposals have come forward since 2005 for the other two sites that area guided for RAD-ALT development. 15) That recent Met Council projections of population and household growth indicate le overall • growth than was expected in 201 Oi 16) That the support of local neighbors for the 2010 development proposal at 9434 Stillwater Boulevard North was based on a misunderstanding of the details of the proposal. The 2010 Plarming Commission recommendation was significantly driven by the support of neighbors, which support no longer exists, 17) That the Planning Commission and City Council have become more educated and experienced in considering higher density development. Such development should not be considered for land not guided for sewer before 2030, 18) That the 2005 Comprehensive Plan that added two sites for RAD-ALT development and the subsequent 2010 action to add another property to this future land use designation could be considered spot zoning based on later information and training received by the Planning Commission. Specifically, the sites guided for RAD-ALT development are isolated and not connected to any other parcel or area that has a similar land use guidai-ice. NOW, THEREFORE, BE IT RESOLVED, that based on the foregoing, the Lake Elmo City Council hereby approves the Comprehensive Plan amendment, subject to and contingent upon the following: 1) Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that its review has been completed and approved. Acknowledgement of these comments and final adoption of the Comprehensive Plan Amendment will not require any formal action by the City Council, Passed and duly adopted this 5t" day of August 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor Adam Bell, City Clerk a Exhibit "A" PT OF SWI/4 OF SD SEC 15 LYING NLY OF NLY RJW OF RR DESC AS FOLL, COM AT NELY COR SD SWI/4 THN SOODEG51'44"E BRG ORIENTED TO WACO SYS ALG ELY LN SD SWI/4 DIST 1067.20FT THN S89DEG13'16"W DIST' 289.50FTTHN S48DEG14'16"W ALG A LN HEREINAFTER REFERRED AS IN "A" DIST 36.58FTTO PT HEREINAFTER REFERRED AS PT "C" THN S05DEG 16'1 6"W ALG A LN HEREINAFTER REFERRED AS LN "B" DIST 194.90FT M/1, TO PT OF INTER WITH NLY R/W LN OF HWY 5 AKA STILLWATER BLVD N SD PT OF INTER BEING THE POB THN N05DEGI 6'1 6"E ALG SD LN "B" DIST 194.90FT M/L TO BEFORE DESC PT "C" THN N48DEG14'16"E ALG SD IN "A" DIST 35,69FT M/L TO INTER WITH SLY IN OF N 1067.20FT OF SD SWI/4 THN S89DEG06'21 'W ALG SD SLY LN DIST 24.33FT M/L TO WLY LN OF E 314,50FT OF SD SWI/4 THN NOODEG51'44"W ALG SD WLY LN DIST 1067.20FT M/l, TO NLY LN OF SD SW 1 /4 THN S 89DEG06'21 'W ALG SD NLY LN DIST 995.27FT M/L TO ELY LN OF W 1312.FT OF SD SWI/4 THN SOODEG41'24"E ALG SD ELY LN DIST 460.FT M/L TO SLY LN OF N 460.F,r OF SD SWI/4 THN S89DEG06'21 "W ALG SD SLY LN DIST 404.01FT M/L TO DESC ELY LN OF FRIEDRICH HGTS PLAT THN SOODEG41'24"E ALG SD ELY LN DIST 141.48FT THN S80DEG54'36"W ALG SLY LN SD PLAT DIST 59.61FT THN SOODEG41'24"E ALG SD ELY LN SD PLAT DIST 66.FT TlIN N80DEG54"36"E ALG SD NLY LN SD PLAT DIST 164,77FT THN SOODEG41'24"E ALG SD ELY LN SD PLAT DIST 5,07FT M/L TO INTER WITH LN DRAWN PARL WITH SD NLY LN OF SWI/4 & EXT WLY FROM IPM ON WLY LN OF El/2 SD SWI/4 SD WLY LN HAVING BRG OF S00DEG46'34"E SD IPM DIST 657.56FT SLY FROM NWLY COR OF SD E 1/2-SW 1 /4 THN N 89DEG06'21 "E ALG SD PARL LN DIST 299.85FT M/L TO SD IPM THN N89DEG24'43"E ALG NLY LN TRACT' DESC IN DOC #714370 & ALG NLY LN OF PARCEL DESC IN DOC #3408380 DIST 309.19FT M/L TO IPM AT THE NELY COR THEREOF THN SOI DEGOO'08"E ALG ELY LN SD PARCEL DESC IN DOC #3408380 DIST 386.67FT M/L TO INTER WITH A LN HERINAFTER REFERRED AS LN "C" DRAWN AT RT ANG & ELY FROM A PT IN SD WLY LN OF E1/2-SWI/4 SD PT BEING HERINAFTER REFERRED AS PT "A" SD PT ALSO DIST I 18,20FT NLY AS MEAS ALG SD WLY LN OF El CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-65 A RESOLUTION SE TTING THE TRUTH IN TAXATION PUBLIC HEARING DATE FOR THE 2015 BUD ET AND TAX LEVY WHEREAS, the City of Lake Elmo is required to set a single meeting for discussion and final approval of the 2015 budget and tax levy; and WHEREAS, the City will publish the date, time and location for the public meeting; and WHERE AS, the public will be given the opportunity to speak. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo has set December 2, 2014 at 7:00 p.m. as the public meeting date for the final adoption of the 2015 budget and tax levy. In ,I i 0 Mllll1111 111 =i � 11 CITY COUNCIL CITY OF LAKE ELMO Ac-fa'm Be I I City Clerk Resolution No. 2014-65 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-66 RESOL UTION APPR 0 VING A CONDITIONAL USE PER MIT TO A LL 0 W FOR THE C ONSTR UC TION OF SINGLE FA A117L Y A TT4 CHE D DWELLINGS IN THE SA VONA SUBDIVISION THAT DO NOT HAVE FR ONTA GE ON A PUBLIC STREET WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, U.S. Home Corporation, D/B/A Lennart 16305 36 1h Avenue North, Suite 600, Plymouth, MN has submitted an application to the City of Lake Elmo (City) for a Conditional Use Permit to allow single family attached dwellings without frontage on a public street within the Savona Subdivision (PID: 34.029,21.41 .0004), a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154. 102; and WHEREAS, the Lake Elmo Planning Commission held public hearing on August 25, 2014 to consider the Conditional Use Permit request; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Conditional Use Permit; and WHERE AS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Conditional Use Permit as part of a memorandum to the City Council from City Planner Nick Johnson for the September 2, 2014 Council Meeting; and WHERE AS, the City Council reviewed the application at its meeting held on September 2, 2014 and made the following findings of fact: 1) That the proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2) That the use conforms to the City of Lake Elmo Comprehensive Plan, 3) That the use is compatible with the existing neighborhood 4) That the proposed use meets all specific development standards for such use as listed in the Zoning Ordinance. 5) That the proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. 6) That the proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and Resolution 2014-66 services provided by the persons or agencies responsible for the establishment of the proposed use. 7) That the proposed use will not create excessive additional requirements at public cost for public facilities and set -vices and will not be detrimental to the economic welfare of the community. 8) That the proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 9) That vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 10) That the proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Conditional Use Permit to allow single family attached dwellings without frontage on a public street within the Savona Subdivision. Passed and duly adopted this 2 nd day of September 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor City Clerk 2 Resolution 2014-66 kly.lyl 211 M" KSAMKII BOX ZYMIJ3 I I RESOLUTION APPROVING PROPOSED 2014 TAX LEVY, COLLECTIBLE IN 2015 AND PROPOSED 2015 BUDGET WHEREAS, the City Council has conducted budget council workshops and meetings to review the 2014 Tax Levy, collectible in 2015, and the proposed 2015 General Fund and 2015 Library Fund Budgets; ani- WHEREAS, the City is required to adopt a proposed budget for payable 2015 and certify its proposed property tax levy payable in 2015. BE IT RESOLVED that the City adopts the proposed 2015 General Fund and Library Fund Budgets, BE IT FURTHER RESOLVED by the Council of the City of Lake Elmo, County of Washington, Minnesota that the following proposed sums of money be levied for the current year, collectibi in 2015, upon taxable property in the City of Lake Elmo, for the following purposes: 0 Total General Fund Levy $2,421,588 Total G.O. Debt Levy $ 484,814 Library Levy $ 231.261 Total Levy $3,137,663 Mike Pearson Mayor "0,0 !��111 11111111111 Jill JIM 0- W 111661- " KI Ky I PIDJ ELI 11001 WHEREAS, a contract has been let for the Well No. 4 Connecting Watermain Improvements including trunk watermain improvements along 50t" Street between the Well 4 site and Lake Elmo Avenue and along Lake Elmo Avenue from 50"' Street to 43d Street; and WHEREAS, the total cost of the water improvements will be $550,000; and WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. 1. The portion of the cost of such water improvement to be paid by the City is hereby declared to be $521,000, and the portion of the cost to be assessed against benefited property owners is declared to be $29,000, 2. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 3. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 4.61 percent per annum from the date of the adoption of the assessment resolution. 4. A public hearing shall be held on the 2 1 " day of October, 2014, in the Council Chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. S. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings, 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. A property owner may at any time thereafter, pay to Resolution No. 2014-68 the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 of the succeeding year ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF SEPTEMBER 2014. CITY OF LAKE ELMO —Mike Parson Mayor M ATTEST: dam Bell � City Clerk Resolution No. 2014-68 2 DUPUIS KIN RIVAIVID130119191 VIVHEREAS, a contract has been let for the Lake Elmo Avenue Trunk Watermain Improvements including trunk watermain improvements along Lake Elmo Avenue from 30th Street south to future 5t" Street; and WHEREAS, the total cost of the water improvements will be $2,498,800 and WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. 1. The portion of the cost of such water improvement to be paid by the City is hereby declared to be $2,406,000, and the portion of the cost to be assessed against benefited property owners is declared to be $92,800. 2. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 3. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 4.61 percent per annum from the date of the adoption of the assessment resolution. 4. A public hearing shall be held on the 2l't day of October, 2014, in the Council Chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. A property owner may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 of the succeeding year 1"Im"My"I CITY OF LAKE ELMO By Mike Pearson Mayor {Seal) ATTEST: Adam Bell City Clerk m Resolution No. 2014-69 2 I'g"I 2 w- '10 3"ou 0 ESIMATM 181,10" MOM BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, that the 2014 interest certified to PID #05.029.21.41.0005 and PID #05.029.21.41.0006 may be removed from the 2014 assessment roll due per the attached Washington County abatement forms. Mike Pearson .�am Bell' City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-71 A RESOLUTION TRANSMITTING THE CITY OF LAKE ELMO'S SUPPORT OF THE LOCALLY PREFERRED ALTERNATIVE (LPA) TO THE RCRRA, WCRRA, and METROPOLITAN COUNCIL WHEREAS, the Gateway Corridor is a proposed project that will provide for transit infrastructure improvements in the eastern portion of the Twin Cities, and; WHEREAS, the purpose of the project is to provide transit service to meet the existing and long-term regional mobility and local accessibility needs for businesses and the traveling public within the project area by providing all day bi-directional station -to -station service that compliments existing and planned express bus service in the corridor, and; WHEREAS, the Gateway Corridor is located in Ramsey and Washington Counties, Minnesota, extending 4� t, approximately 12 miles, and connecting downtown Saint Paul with its East Side neighborhoods and the suburbs of Maplewood, Landfall, Oakdale, Lake Elmo, and Woodbury, and; WHEREAS, the Gateway Corridor Commission (GCC), in partnership with the Metropolitan Council and other project stakeholders, completed the Gateway Corridor Alternatives Analysis (AA) Study that in addition to the No - Build alternative recommended one bus rapid transit (BRT) and one light trail transit (LRT) alternative be advanced for further study in the federal and state environmental review process, and; WHERE AS, the Federal Transit Administration (FTA); the Washington County Regional Railroad Authority (WCRRA), serving on behalf of the GCC; and the Metropolitan Council have initiated the environmental review process for the Gateway Corridor project, with FTA designated as the lead federal agency for this project, and; WHEREAS, the Gateway Corridor project recently received the important Presidential designation as a Federal Infrastructure Permitting Dashboard Project, and; WHEREAS, the Gateway Corridor project recently completed the Scoping phase of the environmental process, which resulted with the Policy Advisory Committee (PAC) and the GCC recommending further study of the No - Build alternative, four BRT alternatives operating within a dedicated Guideway (A-B-C-DI-El, A-B-C-D2-El, A- B-C-D2-E2, A-B-C-D2-E3) and a managed lane alternative in the Draft Environmental Impact Statement (EIS) at the request of the FTA and Federal Highway Administration (FHWA), and; WHEREAS, the BRT alignments that advance into the Draft EIS will be further defined and evaluated to minimize impacts to surrounding properties and the 1-94 corridor which may include operating in existing lanes with mixed traffic at pinch points where right-of-way is constrained, enhance economic development potential, and reduce capital costs while providing required operating efficiency, with attention to mobility options for environmental justice populations, and; WHEREAS, through the Scoping process, the PAC and the GCC recommended that the LRT alternative be eliminated from further study due to its higher costs while generating a similar ridership, and; WHEREAS, the identification of a Locally Preferred Alternative (LPA) is a critical first step in pursuing federal funding for the Gateway Corridor project, and; WHEREAS, the adoption of the LPA into the Metropolitan Council's Transportation Policy Plan will conclude the FTA Alternatives Analysis process, and; WHEREAS, the LPA includes the definition of the Gateway Corridor mode and a conceptual alignment which can be refined through further engineering efforts, and; WHEREAS, the LPA selection process does not replace or override the requirement to fully examine alternatives and determine the adverse impacts that must be avoided or mitigated under the federal and state environmental review process, and; WHEREAS, the comments submitted by agencies, the business sector, and the public during the Scoping phase, as well as the additional comments received from adjacent communities since the Seeping phase, will be addressed accordingly through the Draft EIS process, and; WHEREAS, the PAC and GCC each passed resolutions on July 24, 2014 recommending BRT Alternative A-B-C- D2-E2 (see attached figure) as the proposed LPA for review at the August 7 PAC sponsored LPA public hearing and inclusion in the Metropolitan Council's Draft 2040 Transportation Policy Plan, and; WHEREAS, the Gateway Corridor PAC/GCC held a public hearing on August 7, 2014 as part of the LPA decision making process. A total of 35 comments were received through the proposed LPA review process, and; WHEREAS, the Cities will be working collaboratively and with support from the GCC to complete a market analysis and station area plans for the areas around the BRT Guideway stations as a part of the Draft EIS process, and; NOW THEREFORE BE IT RESOLVED that the City of Lake Elmo supports the LPA recommendation of the PAC and GCC and identifies the dedicated BRT alternative generally on the Hudson Road — Hudson Boulevard alignment that crosses to the south side of 1-94 between approximately Lake Elmo Avenue and Manning Avenue is the Locally Preferred Alternative for the Gateway Corridor project (see attached figure). BE IT FURTHER RESOLVED that the City of Lake Elmo commits to undertaking and developing station area plans with the support of the GCC for the proposed BRT guideway station areas within its jurisdiction based on the results of a market analysis, community input, and Metropolitan Council guidelines and expectations for development density, level of activity, and design. BE IT FURTHER RESOLVED that through the Draft EIS process the PAC and the GCC will continue to evaluate and focus on transit service connections to the dedicated BRT system (A-B-C-D2-E2), including an efficient feeder bus network, as well as the number and location of stations throughout the Gateway Corridor to maximize service, accessibility, and surrounding economic development opportunities, while minimizing impacts. BE IT FURTHER RESOLVED that the City of Lake Elmo commits to working with the Washington County Regional Railroad Authority, on behalf of the Gateway Corridor Commission, and the Metropolitan Council to address the comments submitted by agencies, adjacent communities, the business sector, and the public during the Seeping phase, as well as additional comments received during the development of the LPA, through the Draft EIS process, and the following areas of particular importance to the City of Lake Elmo. 1. The ownership and maintenance responsibilities of Hudson Boulevard were recently turned back to the City of Lake Elmo from MnDOT. If Hudson Boulevard is expanded to accommodate a BRT guideway or additional travel lanes for the exclusive use of buses it may increase the demands on the City to properly maintain the roadway. The City of Lake Elmo requests analysis of appropriate jurisdictional control over Hudson Boulevard and robust consideration of a possible turn back to Washington County. 2. Maintaining access for current land owners along Hudson Boulevard and planning for access for future development needs to be part of a functional ingress — egress policy, The City of Lake Elmo requests the development of an access management plan for Hudson Blvd. that is supported by property owners, the City of Lake Elmo and Washington County. 3. The City of Lake Elmo supports an easterly station in the proximity of the NW comer of Manning Avenue and 1-94 to support economic development, including job creation, tax value, and traffic efficiency associated with the creation of a business park as guided by the City's Comprehensive Plan, Incorporating a Gateway station in Lake Elmo will require station area planning resources to ensure that Lake Elmo is maximizing economic development potential and ridership. The City Lake Elmo requests thorough analysis of economic development potential to assist in guiding the placement of Gateway stations in the corridor segment from Keats Avenue to Manning Avenue as well as planning resources from the Gateway Corridor Commission and Washington County to assist with transit oriented development/station area planning. 4. Lake Elmo Avenue serves as an important access point to downtown Lake Elmo. Due to the proximity of the road to both the Lake and developed neighborhoods, future expansion is constrained through the downtown area and the roadway cannot functionally handle additional growth in the regional movement of traffic beyond what is currently forecasted. The City of Lake Elmo recognizes that while the Gateway Corridor project will likely not preclude an interchange in this location, it would like to take this opportunity to state to Washington County, the Minnesota Department of Transportation and the Federal Highways Administration that an interchange is NOT desired in this location. 5. Safety and security at BRT stations for transit patrons and surrounding businesses and neighborhoods is very important to Lake Elmo. BRT Stations should be designed to be safe and secure environments that incorporate design elements to deter crime such as good lighting, visibility, security monitoring. The City of Lake Elmo requests a safety and security plan to ensure that adequate resources are provided at a regional and local level to effectively address safety and security concerns at Gateway Corridor facilities. 6. The City of Lake Elmo would also support an A-B-C-D2-E3 alignment and continued evaluation as part of the Draft EIS. BE IT FURTHER RESOLVED that this resolution adopted by the City of Lake Elmo be forwarded to the Metropolitan Council for their consideration. ;CITY OF ELMO Mike Pearson Mayor Adam ge-11 City Clerk WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley'. MN and Inwood 10, LCC, 95 South Owasso Boulevard West, St. Paul, NN ("Applicants") have submitted an a%jjdication to the Cit-p of Lake El 4 . I , � 'V , - i 1"-Qmw- -d,- lrnof" for%Plann Plan for a proposed planned development to be called Inwood, copies of which are on file in the City Planning Department; and WHEREAS, the proposed Concept Plan is for a mixed -use Planned Unit Development development on 15 7 acres of land located at the southeast comer of Inwood Avenue and I & Street in Lake Elmo and that the Concept Plan includes 273 single-family residential lots, 144 townhouses, 150 multi -family units, 120 senior townhouse units, and approximately 68,814 square feet of commercial/office uses; and WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on August 25, 2014 to consider the request and continued its discussion conceiiiing the request at its September 8, 2014 meeting; and WHEREAS, on September 8, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Inwood PUD Concept Plan; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Inwood PUD Concept Plan to the City Council as part of a memorandum from the Planning Department dated September 16, 2014; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission ?.nd the proposed Inwood PUD Concept Plan at a meeting on September 16, 2014. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the procedure for obtaining approval of said PUD Concept Plan is found in the Lake Elmo City Code, Section 154.800. N 2) That all the requirements of said City Code Section 154.800 related to the PUD Concept Plan have been met by the Applicant. 3)) That the proposed PUD Concept Plan is for a mixed -use Planned Unit Development on 157 acres of land located at the southeast comer of Inwood Avenue and I & Street in Lake Elmo and that the Concept Plan includes 273 single-family residential lots, 144 townbouses, 150 multi -family units, 1.20 senior townhouse units, and approximately 68,814 square feet of commercial/office uses. 4) That the PUD Concept Plan will be located on property legally described on the attached Exhibit "A". 5) That the proposed PUD Concept Plan includes exceptions to the City's underlying Zoning District requirements that will be more fully described as part of the Applicant's Preliminary PUD Development Plans. 6) That the proposed General Concept Plan for a PUD is consistent with the goals, objectives, and policies of the Comprehensive Plan and that the uses proposed are consistent with the LDR — Urban Low Density Residential, C — Commercial, and HDRDensity Residential land use designations shown for the area on the official Comprehensive Land Use Plan. 7) That the Inwood PUD Concept Plan complies with the general intent of the City's Urban Low Density Residential, Urban High Density Residential and Commercial zoning districts with the exception of the issues identified in the Staff Reports, 8) That the Inwood PUD Concept Plan complies with the City's Subdivision Ordinance. 9) That the Inwood PUD complies with the City's PUD Ordinance, and specifically the identified objectives for the consideration of a Planned Development. 10) That the Inwood PUD Concept Plan is consistent with the City's engineering standards with exceptions as noted by the City Engineer in his review comments to the City dated August 13,2014. Based on the foregoing, the Applicants' application for a PUD Concept Plan is granted, provided the following conditions are met: 1) The applicant must obtain permission and consent from the adjoining property owner, Bremer Bank, related to the right-of-way and alignment of the 5 1h Street minor collector road in the southeast comer of the site. The final alignment must be determined prior to the Resolution 2014-072 IF! I g��Ipijgp I I gp I pill III 2) Request for flexibility related to lot size, width, setbacks and all other requirements per the City's Zoning Ordinance or Design Standards must be clarified and documented as part of the PUD Preliminary Plan and Preliminary Plat submission. 3) The application for Preliminary Plat and Preliminary PUD Plan approval will include an overall PUD planning document that addresses the flexibility requests noted in the preceding condition and that also specifies the specific design considerations to be used throughout the project area. 4) The Preliminary PUD plans will include a phasing plan for all portions of the development. 5) The Preliminary Development Plans shall include a water tower within the project development area in a location that is deemed acceptable by the City Engineer. As an alternative, the developer may identify an alternate location off -site for the water tower in a location deemed acceptable by the City Engineer provided the ownership of the site is transferred to the City and all required utility connections are constructed in conjunction with the platting of the Inwood PUD. 6) The Preliminary PUD plans shall be updated to include additional -park land in the southeastern portion of the site. A larger park area of 5 to 10 acres adjacent to the existing Stonegate Park and with access to 5t" Street is the preferred location. The location and size of this park will be subject to review by the Lake Elmo Park Commission. 7) All street and median geometries must accommodate emergency vehicle access and maintenance. Applicants must demonstrate acceptable turning radii for all uniquely shaped landscape medians and cul-de-sacs. 8) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the appropriate watershed district prior to the commencement of any grading or development activity on the site. 9) Any land under which public trails are located will be accepted as park land provided the developer constructs said trails as part of the public improvements for the subdivision, and the land is located outside of any restrictive easements. 10) The applicant shall observe all comments and recommendations from the City Engineer documented on the Engineer's report dated August 13, 2014. 11) The Preliminary Plat and Preliminary PUD Plans will address review comments and issues that are identified within the Environmental Assessment Worksheet for the Inwood planned development site. 12) The applicant shall enter into a maintenance agreement with the City clarifying responsibility for all median landscaping and stormwater facilities internal to the single family residential streets. 13) The applicants must work with the City to determine fair and equitable cost share for City costs related to the future signalization of the intersection at 5h Street and Inwood Avenue {CS AH 13). 14) The applicant must work with Washington County to address all review comments documented in the attached report dated 8/20/14 pertaining to access and intersection design F. 15) The applicant must provide sidewalks on both sides of Street B to better serve the single family residential area. 16) Additional trail segments along the east side of Inwood Avenue from 5th Street to 1 oth Street and along 10th Street from Inwood Avenue to the Greenbelt Buffer Trail must be incorporated into the plans. 17) The applicant must work with the City to ensure compliance with the City's shorel and provisions and the standards of the SD and MN DNR related to shoreland areas of designated public waters. 18) The development plans must be updated so that all multi -family housing is located south of zl� 5th Street. No multi -family residential development will be allowed north of 5' Street. 19) Sidewalks shall be provided on one side of every street, including all cul-de-sacs and loop roads within the development with the exception of 9th Street. 20) The trail within the eastern buffer area near the property boundary with the Stonegate subdivision shall be located as far west as possible on the site. 2 1 ) The lots at the far eastern cul-de-sacs in neighborhoods E, F, and H shall be platted as designer (larger) lots in accordance with the lot so designated on the PUD Concept Plan, 22) The developer shall consider adding a small park to the northwest portion of the site subject to review and comment by the Park Commission. 23) The high density housing area shall be limited to a maximum of 15 units per acre. 24) The design for structures within the commercial and multi -family areas shall be consistent with the overall design throughout the development, including the single-family neighborhoods. 25) All cul-de-sac streets shall meet the City's maximum length requirements as specified in the City's Subdivision Ordinance. Passed and duly adopted this 16th day of September 2014 by the City Council of the City of Lake Elmo, Minnesota. wm Mike Pearson, Mayor ATTEST: ,,O'fam Bell, City Clerk Resolution 2014-072 CITY OF LAKE ELMO W"Iffol - Ifi MILANI ii a 99MATS]INIVIV NMI= WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and rICIIIIIIIIaly YTV Y1,711 11111 no '07, MR-, a uopy 01 wn-cli,Z5 om Will me �IALY (A Idl—i 'a Community Development Department; and WHEREAS, the City approved the Boulder Ponds PUD General Concept Plan on December 17, 2013; and WHEREAS, the proposed Boulder Ponds Preliminary Plat and Preliminary PUD Plan include 98, single family residential lots within a planned development on fluee parcels of land (PIDs: 34.029.21.33.0001, 34.029.21.32.0001 and 34.029.21.33.0002) totaling approximately 58 acres in Stage I of the 1-94 Corridor Planning Area; and WHEREAS, the Lake Elmo Planning Commission held public hearing on July 28, 2014 to consider the Preliminary Plat and Preliminary PUD Plan request; and WHEREAS, the Lake Elmo Planning Commission adopted a inotion recommending approval of the Preliminary Plat subject to 12 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat and Preliminary PUD Plan as part of a memorandum to the City Council from City Planner Nick Johnson for the September 16, 2014 Council Meeting; and WHEREAS, the City Council reviewed the Boulder Ponds Preliminary Plat and Preliminary PUD Plan at its meeting held on September 16, 2014 and made the following findings of fact: 1) That the Boulder Ponds Preliminary Plat and Preliminary PUD Plan are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Boulder Ponds Preliminary Plat and Preliminary PUD Plan generally comply with the City's LDR- Urban Low Density Residential and MDR — Urban Medium Density Residential zoning districts. Resolution 2014-7' :� 3) That the Boulder Ponds Preliminary Plat and Preliminary PUD Plan comply with the City's Subdivision Ordinance. 4) That the Boulder Ponds Preliminary Plat and Preliminary PUD Plan comply with the City's Planned Unit Development Regulations. 5) That the Boulder Ponds Preliminary Plat and Preliminary PUD Plan comply with the City's Engineering Standards, except where noted in the review memorandum from the City Engineer dated 7/24/14. 6) That the Boulder Ponds Preliminary Plat and Preliminary PUD Plan comply with other City zoning ordinances, such as landscaping, tree preservation, and erosion and sediment control. 7) That the Boulder Ponds Preliminary Plat and Preliminary PUD Plan includes the promotion of integrated land uses, allowing for a mixture of residential, commercial, and public facilities. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby 0 approve the Boulder Ponds Preliminary Plat and Preliminary PUD Plan subject to the followirl con4titions: 1) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 2) The developer shall be required to submit an updated parkland dedication calculation in advance of Final Plat. Upon submission of the calculation, the applicant must work with the City to achieve the required parkland dedication amount per the City's Subdivision Ordinance. The developer shall be required to pay a fee in lieu of land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance less the amount of land that is accepted for park purposes by the City. Any cash in lieu of land dedication shall be paid by the applicant prior to the release of the Final Plat for recording. �i U I I UM IAA UA 111"71 LOW I U U 9 M I 4) The applicant will work with the Planning Staff to name all streets in the subdivision in a manner acceptable to the City prior to the submission of Final Plat. 5) The applicant will work with staff to address the comments in the City Engineer's review memo dated 7/24/14 to the satisfaction of the City Engineer as part of the Final Plat and Final PUD Plan. 2 Resolution 2014-73 6) In addition to standard easements required by the Subdivision Ordinance, additional drainage and utility easements must be provided extending 10 feet from meandering sidewalks, as well as all of the portion of private lots between meandering sidewalks and the public right-of- way. 7) The landscape plan shall be updated to locate all boulevard trees in between the public street and sidewalk to not interfere with private utilities. 8) All islands and medians internal to the Boulder Ponds development shall be platted as part of the right-of-way and shall be maintained by the Home Owners Association. The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the Final Plat. 9) The design of the northern buffer trail shall be modified to a width of 8 feet as opposed to the regional trail standard of 10 feet. 10) The eastern segment of the northern buffer trail shall be moved to the south to the greatest extent possible with plantings to screen the trail on the north side. 11) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. 12) The Final PUD Plan will include a development lot book to clarify proper building placement for use in granting building permits for the development. Passed and duly adopted this 16tb day of September, 2014 by the City Council of the City of Lake Elmo, Minnesota. '-Miike Pearson, Mayor '?fda'm Bell, City Clerk I Resolution 2014-73 16-11011101 =1 13 31 3XVIM E132 i I I Nllil '� I li��ir4g,l I rA WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850 Old County Road IS, Suite 200, Plymouth, MN, has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for a 104-unit single family subdivision on an approximately 64 acre parcel in the Village Planning Area (PIDs: 13.029.21.43.0004 and 13.029.21.44.0002) to be called Village Park Preserve, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on September 8, 2014 to consider the Preliminary Plat request; and - S M��ffiffi IT-= ffintgnowy-41101 W. 0 WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council from City Planner Nick Johnson for the September 16, 2014 Council Meeting; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on September 16, 2014 and made the following findings of fact: 1) That the Village Park • Preliminary Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area • upon receiving final approval for the Metropolitan Council for the Comprehensive Plan Amendment for the Holliday parcel. 2) That the Village Park Preserve Preliminary Plat complies with the City's LDR- Urban Low Density Residential zoning district. 33 That the Village Park Preserve Preliminary Plat complies with the City's Subdivision Ordinance. 4) That the Village Park Preserve Preliminary Plat meets other City zoning ordinances, such as landscaping, tree preservation, erosion and sediment control, and other ordinances, except where noted in the conditions of approval or the attachments to this report. Resolution 2014-74 5) That the Village Park Preserve Preliminary Plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated September 4, 2014. 6) That the Village Park Preserve Preliminary Plat provides effective and safe pedestrian facilities, providing access to Reid Park and a future connection to downtown Lake Elmo, contributing to a walkable community as guided by the Village Land Use Plan. 7) That the Village Park Preserve Preliminary Plat provides a significant expansion of Reid Park, as recommended by the Village Land Use Plan. 8) That the Village Park Preserve residential subdivision will allow for the completion of the Village Parkway minor collector road from 30th Street to Easton Village, providing a critical transportation improvement needed for the Village Planning Area. 1) The Metropolitan Council must approve the Comprehensive Plan Amendment for the Holliday parcel in advance of the City's consideration of an application for Final Plat the Village Park Preserve Subdivision. I 2) In advance of Final Plat application, the applicant shall provide adequate title evidence satisfactory to the City Attoniey. 3) All required modifications to the plans as requested by the City Engineer in a review memorandum dated September 4, 2014 shall be incorporated into the plans prior to consideration of a Final Plat. 4) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements. 5) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 6) Related to the proposed storm water discharge to the south, the applicant must provide written permission from all property owners of the affected parcels located south of the proposed 30t" Street culvert consenting to the discharge location, volume and rate(s) in advance of submitting Final Plat. 7) The applicant shall be responsible for the submission of final plans and the construction of all improvements within the 30th Street right-of-way as required by the City and further described in the review memorandum from the City Engineer dated September 4, 2014. 8) The applicant shall observe all right-of-way and other requirements included in a reviej memorandum from Washington County dated September 3, 2014. 2 Resolution 2014-74 9) The Landscape Plan shall be updated per the recommendations of the City's Landscape Consultant, describe in a memo dated September 4, 2014. Tree protection measures for trees intended to be saved according to the submitted Tree Survey must be included in the Final Landscape Plan. 10) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 11) The applicant shall install an additional row of trees in the rear of Lots 1-3, Block 1 to provide additional screening for the eastem boundary of the Mcleod property to satisfy the • of approval related to the requested Comprehensive Plan Amendment. 12) The developer shall obtain • required permits from Northern Natural Gas to perform construction work over the gas line that i uns from north to south across this site. 13) The developer shall submit a letter from the Metropolitan Airports Commission agreeing to design of stormwater facilities acceptable to the City prior to submitting Final Plat application. Passed and duly adopted this 16t' day of September 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pe"a-'rson, Mayor Aram Bell, City Clerk I CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, The Ryland Group, 7599 Anagram Drive, Eden Prairie, MN (Applicant) has • • application to the City of Lake Elmo (City) for a Final Plat for Hunter's Crossing, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a • hearing on June 23, 2014 to consider the Hunter's Crossing Preliminary Plat; and WHEREAS, the Lake Elmo Planning Commission submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council for the July 1, 2014 City Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its July 1, 2014 meeting and adopted Resolution No. 2014-053 approving the Preliminary Plat; and WHEREAS, the Lake Elmo Planning Commission met on September 8,2014 to review the Final Plat for Hunter's Crossing consisting of 22 single-family detached residential lots; and WHEREAS, on September 8, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Hunter's Crossing with conditions; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Hunter's Crossing at a meeting held on September 16, 2014; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City Code, Section 153.08. 2) That all the requirements of said City Code Section 153.07 related to the Final Plan and Final Plat have been met by the Applicant, 3) That the proposed Final Plat for Hunter's Crossing consists of the creation of 22 single- family detached residential structures. 4) That the Hunter's Crossing Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on July 1, 2014. 5) That the Hunter's Crossing Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 6) That the Hunter's Crossing Final Plat complies with the City's Urban Low Density Residential zoning district regulations. 7) That the Hunter's Crossing Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances with the exception of issues identified in the September 8, 2014 Staff report to the Planning Commission. 8) That the Savona Final Plat complies with the City's subdivision ordinance. 9) That the Savona preliminary plat is consistent with the City's engineering standards with the plan revisions as requested by the City Engineer in his review comments to the City dated September 3, 2014. CONCLUSIONS AND DECISION NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Hunter's Crossing subject to the following conditions: Final grading, drainage, and erosion control plans, utility • sanitary and storm water management plans, and street and utility construction •. shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in review memo dated 9/3/14 shall be • into these documents before they are approved. 2) The developer shall provide evidence in a form satisfactory to the City Attorney that warrants it has fee interest in area included in the Hunter's • Final Plat. 3) Prior to the execution of the Final • by City officials, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and •. Of the required improvements with financial guarantees therefore. 5) The final • shall • an: access easement, in a location deemed satisfactory by the City Engineer, across the temporary access road into the subdivision. 2 Resolution No. 2014-75 6) A Common Interest Agreement concerning management of the common areas of Hunter's Crossing and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building pen -nit may be issued for any structure within this subdivision. The applicant shall also enter into a maintenance agreement with the City that clares the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat 7) The final landscape plan shall be updated to address the comments from the City consulting landscape architect in a review letter to the City dated 8) The developer shall provide written authorization from the property owner to the east of Hunter's Crossing to allow the proposed drainage improvements and discharge of storm water on to their property. A utility easement across the affected property is one option for compliance with this condition. 9) The final construction plans for any additional final plat within Hunter's Crossing shall include, at a minimum, the southern portion of 5 th Street. At this time these plans are prepared they shall include the construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated September 2, 2014. 10) The developer is encouraged to incorporate elements from the Lake Elmo Theming Study into the final design of the community mailboxes within Hunter's Crossing. 11) The developer shall pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance less the amount of land that is accepted for park purposes (or trails) by the City. Any cash payment in lieu of land dedication shall be pro -rated based on the percentage of the overall lots to be platted within the subdivision and shall be paid by the applicant prior to the release of the final plat for recording. Passed and duly adopted this 16tb day of September 2014 by the City Council of the City of Lake Elmo, Minnesota. Adam Bell, City-- Clerk N WHEREAS, the City of Lake Elmo is a municipal corporation organized and existirm under the laws of the State of Minnesota; and I WHEREAS, U.S. Home Corporation (d/b/a Lennar), 16305 36tb Avenue North, Suite 600 ' Plymouth, MN (Applicant) has submitted an application to the City of Lake Elmo (City) a Final Plat for Savona 2 nd Addition, a copy of which is on file in the City of Lake Elmo Community Development Department; and I WHEREAS, the Lake Elmo Planning Commission held a public hearing on July 22, 2013 to consider the Savona Preliminary Plat and continued discussion on the Preliminary Plat until its July 29, 2013 meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council for the August 6, 2013 City Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its August 6, 2013 meeting and adopted Resolution No. 2013-064 approving the Preliminary Plat; and WHEREAS, the Lake Elmo Planning Commission met on August 25,2014 and September 8, 2014 to review the Final Plat for Savona 2 nd Addition consisting of 45 single- family detached residential lots and 22 single family attached residential units; and WHEREAS, on September 8, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Savona 2 nd Addition with conditions; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final. Plat for Savona 2'd Addition at a meeting held on September 16, 2014; and NOW, THEREFORE, based upon the testimony elicited and infori-nation received, the City Council makes the following: 1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City Code, Section 153.08. 2) That all the requirements of said City Code Section 153.07 related to the Final Plat have been met by the Applicant. 3 d 3) That the proposed Final Plat for Savona 2' Addition consists of the creation of 45 single- family detached residential lots and 22 single-family attached residential units. 4) That the Savona 2" d Addition Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on August 8, 2013 and revised on November 25, 2013. 5) That the Savona 2d Addition Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 6) That the Savona 2 d Addition Final Plat complies with the City's Urban Low Density Residential (LDR) and Urban Medium Density Residential (MDR) zoning district regulations. 7) That the Savona 2"d Addition Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm, water, sediment and erosion control and other ordinances, with the exception of the items identified in the August 25, 2014 ani September 8, 2014 Staff reports to the Planning Commission. 8) That the Savona 2d Addition Final Plat complies with the City's subdivision ordinance. 9) That the Savona 2 d Addition Final Plat is consistent with the City's engineering standards with the plan revisions requested by the City Engineer in his review comments to the City dated August 21, 2014. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Savona 2'd Addition subject to the following conditions: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and. street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in review memo dated 8/21/14 shall be incorporated into these documents before they are approved. 7 =Td—Teimeates wno is responsi] 1 ♦19fl, colisTlUcTion, ana paymcn7 7071T improvements with financial guarantees therefore. �Mmllftrlld Hwe we) M 114M a I 1" 1 am "INV I mis [42 11 RK47W.-T,"! I I EV Sau ago LW I I# m I a sjtmv�l 4) A Common Interest Agreement concerning management of the common areas of Savona and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. The applicant must create a separate agreement for the single-family attached lots. Said agreements shall comply with Minnesota Statues 515B-103, and specifically the provisions concerning the transfer of control to the future property owners. The applicant shall also enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat 5) Any final plat for future townhouses will take into account land previously credited as parkland, and will not reduce the size of any area that was depicted for park land on the preliminary plat. 6) The developer shall revise the final landscape plan to address comments from the City's landscape architect dated September 4, 2014. 7) The developer shall provide written authorization from the property owner to the south of Savona 2 d Addition to allow the proposed drainage improvements and discharge of storm water on to their property. In conjunction with this permission, the proposed drainage and utility easement across this site shall be recorded with the Washington County Recorder's office. As an alternative, the final plat maybe updated to include a drainage and utility easement across this property. 8) The construction plans must be updated to include all portions of 5 lb Street adjacent to the subdivision that will, at a minimum, extend the current limits of 5 1h Street west beyond Junco Road North. The developer shall update the final plat to include the portion of the 5 1h Street right-of-way necessary to meet the associated construction limits for Savona 2 d Addition west of Junco Roai� Nortk. Passed and duly adopted this 16 th day of September 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk Resolution No. 2014-76 M AM 61- UMN KI KI I MLIJ NUT 1113011 A RESOL UTION APPR 0 VING THE DE VEL OPER'S A GREEMENT FOJ SA VONA 2' ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, U.S. Home Corporation (d/b/a Lennar), 16305 36t" Avenue North, Suite 600., PIkIngouth, MN Li,"Agus licant",'�,, has jvreviousl 0 s aft Elmo ("City") for a Final Plat for Savona 2'id Addition; and WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat request for Savona at a meeting held on August 6, 2013; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2014-076 on September 16, 2014 approving the Final Plat for Savona; and WHEREAS, Condition (2) of said Resolution No. 2014-076 establishes that, prior to the execution of the Final Plat by City officials, the Applicant is to enter into a Developer's Agreement with the City; and WHEREAS, the Applicant and City have agreed to enter into such a contract, and a copy of the Developer's Agreement was submitted to the City Council for consideration at its September 16, 2014 meeting. NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer's Agreement for Savona 2"d Addition and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 16 th day of September 2014 by the City Council of the City of Lake Elmo, Minnesota. Iliike Pearson, Mayor am Bell,(�ity Clerk WHEREAS, Minn. Stat. 444.075, subd. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for the collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: 1. The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2. The certified amount shall be payable over a period of one year, with interest as provided in Exhibit A. I tp—c—gimt" 1111A. wall 1 L"L 4. The City Finance Director shall forthwith transmit a certified duplicate Exhibit A to the County Auditor to be extended on the property tax lists• Washington County. Such delinquent accounts shall be collected and p over in the same manner as other municipal taxes. By* Mike Pearson Mayor Adam Bell' -7 City Clerk Resolution 2014-78 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNE SOTA nuffc! i 1M 0 9 112MMU-43AMI J WR BE IT RESOLVED by the City Council (the "Council") of the City of Lake Elmo, Minnesota (the "City"), as follows: Public Hearing. This Council shall meet on November 18th, 2014, at approximately 7:00 p.m., to hold a public hearing on the proposed adoption of a Redevelopment Plan (the "Redevelopment Plan") for, and establishment of, the Downtown Redevelopment Project, pursuant to Minnesota Statutes, 469.001 to 469.047, as amended. 1. Notice of Hearin e-,Filing of Program and Plan. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by Minnesota Statutes, Section 469.003, Subdivision 2, and to place a copy of the proposed Redevelopment Plan on file in the City Clerk's Office at Lake Elmo City Hall and to make such copies available for inspection by the public. Adopted by the City Council of the City of Lake Elmo, Minnesota, this seventh day of October, 2014. LAV48 Ad'am R. Bell, City C—ler—k-T-- Mike Pears -on, Mayor U CITY OF LAKE ELMO W-0 "_61-111"111-101 go KX 1 X93 =01 1091 A RESOLUTION RECEIVING A FEASIBILITY REPORT FOR THE 2015 STREET, DRAINAGE AND WATERMAIN IMPROVEMENTS AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursuant to city council authorization, adopted on July 1, 2014, a feasibility report has been prepared by FOCUS Engineering, Inc. for the 2015 Street, Drainage and Watermain Improvements; and WHEREAS, the feasibility report recommends that benefitting properties along the project route be assessed all or a portion of the cost of the improvements pursuant to the city's Special Assessment Policy and Minnesota Statutes, Chapter 429; and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. I . That the City Council has received the feasibility report; however, the City Council does not authorize calling a public hearing at this time to consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $1,843,000 for the street and drainage system improvements and an estimated total project cost of $1 056,000 for the watermain improvements. 2. If at a future date, the Council elects to move forward with the improvements, a public hearing shall be held on such proposed improvements at a time and date to be specified and the clerk shall give mailed and published. notice of such bearing and improvement as required by law. ADOPTED BY THE LAKE ELMO crry COUNCIL ON THE SEVENTH DAY OF OCTOBER, 2014. CITY 0 ELM Mike Pearson Mayor Resolution No. 2014-80 A RESOL UTION APPROVING A FINAL PLAT FOR HAMES ESTATES WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on May 12, 2014 to consider the Hammes Estates Preliminary Plat and continued discussion on the Preliminary Plat until its June 23, 2014 meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concernin the Pre iminary Plat as nart of a memorandum to the Citv Court mu, gy.%summis WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its July 1, 2014 meeting and adopted Resolution No. 2014-55 approving the Preliminary Plat-, and 11krQ521kral UP-1814jer, Fats"Ir-M elm 11intatu WHEREAS, on September 22, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Hanimes Estates with conditions; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Hammes Estates at a meeting held on October 7, 2014; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: 1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City Code, Section 153.08. 2) That all the requirements of said City Code Section 153.08 related to the Final Plat have been met by the Applicant. 3) That the proposed Final Plat for Hammes Estates consists of the creation of 57 single-family residential lots. 4) That the Hammes Estates Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on July 1, 2014 and revised on August 25, 2014. 5) That the Harnmes Estates Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 6) That the Hammes Estates Final Plat complies with the City's Urban Low Density Residential zoning district. 7) That the Hammes Estates Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof. 8) That the Hammes Estates Final Plat complies with the City's subdivision ordinance. 9) That the Hammes Estates Final Plat is consistent with the City's engineering standards with the exceptions noted by the City Engineer in his review comments to the City dated September 18, 2014. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Hammes Estates subject to the following conditions: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in a memo dated 9/18/14 shall be incorporated into these documents before they are approved. 2) The developer shall provide evidence in a form satisfactory to the City Attorney that warrants it has fee interest in area included in the Hammes Estates Final Plat. 3) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 2 Resolution 2014-81 �q LUM111 UUM Intsig K-01 SRI Orys V I kal a rd ta amg ma (02 1 Imaw w; wam a If niff re 1 m a art] am a omeltut a a COV-6 0 1 I'm 5) A Common Interest Agreement concerning management of the common areas of Hammes Estates and establishing a horneowner's association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. Said agreement shall comply with Minnesota Statues 51513.3-103, and specifically the provisions concerning the transfer of control to the future property owners. The applicant shall also enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the Final Plat. 6) The applicant shall provide fees in lieu of land dedication for 2.1 acres of land to fulfill the City's parkland dedication requirements in a pro -rated amount for the Phase I Area or in an amount addressing the total site. 7) The Final Landscape Plan shall be revised per the requested modifications of the City Landscape Consultant, documented in a memo dated 9/18/14. Final Landscape Plans shall be approved prior to the release of Final Plat for recording. 8) The applicant shall provide evidence that all conditions attached to the Valley Branch Watershed District permit for the Final Plat and associated grading work have been met prior to the commencement of any final grading activity. 9) The applicant must provide written authorization to perform any work in the Electrical Transmission easement areas prior to the release of the Final Plat for recording. 10) The applicant shall provide eviden� that Washington County has approved final construction plans for all required work within the Keats Avenue right-of-way as described in a letter from the County dated May 6, 2013. Final Construction Plans provided to the City shall be updated to include the improvements approved by Washington County 11) The applicant shall abide by all conditions of the MN DNR Public Waters Work Permit dated 8/27/14. R the public use area. and the lift station maintenance area. The applicant will be responsible for all necessary watershed district permitting requirements related to the Goose Lake Park improvements. 13) Per the recommendation of the Fire Chief, the applicant must submit all documentation related to the mitigation of the soil contamination to the Minnesota Pollution Control Agency's Voluntary Brownfield Program for review and approval prior to the issuance of any building permits for the lots affected by the soil contamination. 14) Prior to the acceptance of the public improvements for the I' Phase of the Hammes Estates subdivision, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City, 3 Resolution 2014-81 to accommodate bicycle traffic. I L414 I I I rxfa a VIM MMI grix w Its g I r-Aw- I Passed and duly adopted this 7b day of October 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor Pam Bell, CCity Clerk 4 Resolution 2014-81 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINN ESOTA I A RESOL UTION APPROVING THE DEVELOPER AG FOR HAMMES ESTATES I IT ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,, The Ryland Group, Inc., 7599 Anagram Drive, Eden Prairie, MN ("Applicant") has previously submitted an application to the City of Lake Elmo ty") for a Final Plat for Hammes Estates I't Addition; and WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat request for Hammes Estates at a meeting held on July 1, 2014; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2014-82 on Octob 7, 2014 approving the Final Plat for Hammes Estates I " Addition; and i WHEREAS, the Applicant and City have agreed to enter into such a contract, and a copy of the Developer's Agreement was submitted to the City Council for consideration at its October 7, 2014 meeting. NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer's Agreement for Hammes Estates I" Addition and authorizes the Mayor and City Clerk to execute the document. Resolution 2014-82 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-83 HUNTERS • • the City of Lake Elmo is a municipal corporation organized and existing under the laws • the State of Minnesota; and WHEREAS, The Ryland Group, 7599 Anagram Drive, Eden Prairie, MN ("Applicant") • previously submitted • application to the City of Lake Elmo ("City") for a Final ''• for Hunters Crossing; and WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat request for Hunters Crossing at a meeting held on July 1, 2014; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 22014-053 on July 1, 2014 approving the Final Plat for Hunters Crossing; and WHEREAS, Condition (3) of said Resolution No. 2014-053 establishes that, prior to the execution of the Final Plat by • officials, the Applicant is to enter into a Developer's A,q,Teement with the Citv: and WHEREAS, the Applicant and City have agreed to enter into such a contract, and a copy of the Developer's Agreement was submitted to the City Council for consideration at its October 7, 2014 meeting. NOW, THEREFORE, based on: the information received, the City Council of the City of Lake Elmo • hereby approve the Developer's Agreement for Hunters Crossing and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 7tb day of October 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Adam Bell., City Clerk Resolution No. 2014-83 CITY OF LAKE ELMO WHEREAS, Sunfish Lake Park is a unique natural oasis that provides the opportunity for a wonderful cross-country ski experience. WHEREAS, the City of Lake Elmo desires to maintain the cross-country ski trails to be used in a safe and enjoyable manner; WHEREAS, the City desires to take advantage of available financial assistance and resources to cover cost of maintaining the ski trails' NOW THEREFORE BE IT RESOLVED, that the Lake Elmo City Council supports application to the Minnesota Cross Country Ski Assistance Program for the maintenance of Sunfish Lake Park cross country ski trails with Alyssa MacLeod, Taxpayer Relations and Communications Coordinator, named as the program administrator to act on behalf of the City. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS TWENTY-FIRST DAY OF OCTOBER 2014. INN&M-410 Mike Pearson Mayor 0�0 Adam Bell City Clerk CITY OF LAKE ELMO WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the Well No. 4 Connecting Watermain Improvements. 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby • to be benefited by the proposed improvement in the amount of the assessment levied against it, 1 Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 4.61 % percent per annum, from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be • on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELM* CITY COUNCIL ON THE TWENTY FIRST DAY OF (Seal) ATTEST: Adam �Beli City Clerk CITY OF LAKE ELMO Mike Pearson Mayor CITY OF LAKE ELMO WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the Lake Elmo Avenue Trunk Watermain Improvements. I . Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 4.61 % percent per annurn from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a • duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected • paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY FIRST DAY OF CITY OF LAKE ELMO Mike earson Mayor I NO "I -09 WHEREAS, the 2030 Water System Master Plan identifies the boundary between the Water System High Pressure Zone and Water System Low Pressure Zone to be in Section 34 due to the significant relief in topography; and WHEREAS, the Savona and Hammes Estates developments have both recently been platted thereby identifying the location of streets and watermains to be installed within their respective subdivisions; and WHEREAS, the City Engineer, and his consultants, have recently determined the locations to install the Pressure Reduction Stations within Section 34 to create an intermediate pressure zone as the high pressure zone transitions to the low pressure zone, and said intennediate pressure zone resides within portions of both the Savona and Hammes Estates subdivisions; and WHEREAS, the improvements are necessary, cost effective and feasible to provide a functional system to deliver the supply of water at safe operating pressures throughout the area; and WHEREAS, pursuant to an advertisement for bids for the Section 34 Pressure Reduction Station, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract for both the base bid and Alternate No. I to the lowest responsible bidder, Geislinger & Sons, Inc., in the amount of $113,853.00. I . Such improvement is deemed necessary, cost-effective, and feasible as recommended by the City Engineer, 2. Such improvement is hereby ordered as proposed in this council resolution adopted this 21" day of October, 2014. 3. The improvements shall be incorporated as part of the Section 34 Water and Sewer Utility Extension Improvements project and paid for through funds established for this project including the levying the cost of said improvements to the benefiting properties. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds, 5. The City Engineer is hereby designated as the engineer for making this improvement. The engineer, and his consultants, shall oversee the making of such improvement. 6. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 7. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. CITY OF LAKE ELMO Mike Pearson Mayor (Seal) ATTEST: Resolution No. 2014-87 2 1 0 11 WITI k113 x 1146*101 a Nam I OW411 EN KSIVEN 0 am DKIN V HN WHEREAS, the Lake Elmo City Council, as the Canvassing Board for Local Elections must meet to certify the results of the local election; and WHEREAS, the following are the results of the City General Election as they appear on the face of the election returns: NOW THEREFORE BE IT RESOLVED, the City of Lake Elmo City Council declares Julie Fliflet and Jill Lundgren elected as Council Members for 4-year terms, by a majority of votes cast for these races in the City of Lake Elmo. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWELFTH DAY OF NOVEMBER 2014. (Seal) By - Mike Pearson, Mayor Adam 11, City Clerk Nfluffilimm L11i all all 01 Rol U a to U a IRT4 5 a )z &To MIMS It WHEREAS, the City of Lake Elmo has significant new Developer related activity transpiring within the City Boundaries; and qiiliq illil;�iilliilllilll!;� imllii� 1111 111101 1 M. WHEREAS, the City holds a number of Developer escrows per those Developer Agreements in a segregated Developer escrow Fund; and WHEREAS, the City Finance Committee has recommended strengthening the internal controls surrounding the review of Development project closure including department wide approval prior to the release of escrows; and BE IT RESOLVED that effective immediately the City Council must approval all proposed refunds of all developer related escrows. Mike Pearson, Mayor EINIM Adam Bell, City Clerk IN I mul i I I L-1 Pm V OKI] NUT I IkIgn BL-NI WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850 Old County Road 15, Suite 200, Plymouth, MN, submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for a 1 00-unit single family subdivision on an approximately 64 acre parcel in the Village Planning Area (PlDs: 13 .029.21.43.0004 and 13.029.21 .44.0002) to be called Village Park Preserve, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, on September 8, 2014, the Lake Elmo Planning Commission reviewed and recommended approval of the Village Park Preserve Preliminary Plat; and WHEREAS, on September 16, 2014, the Lake Elmo City Council adopted Resolution 20t4-74, approving the Village Park Preserve Preliminary Plat; and WHEREAS, GWSA Land Development, LLC has requested a 6-month extension to the Final Plat submittal deadline of the approved plan to allow for additional time to prepare Final Utility and Storinwater Management Plans; I 1 0 6 • 1, - RIM Mililllimol La I tm sky tag"Im I I U-jr-11014AMW Passed and duly adopted this 2"d day of December 2014 by the City Council of the City of Lake Elmo, Minnesota, Mike Pearson, Mayor Adam Bell, City Clerk Resolution 2014-90 CITY OF LAKE ELMO R&AFRY -UNANNAWAVINAININKEffAWMA AIFNAWIUM WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850 Old County Road 15, Suite 200, Plymouth, MN, submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for a 97-unit single family subdivision on an approximately 40-acre parcel in the Village Planning Area (PID: 12.029.21.33.0001) to be called Village Preserve, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, on July 15, 2014, the Lake Elmo City Council adopted Resolution 2014-59, approving the Village Preserve Preliminary Plat; and WHEREAS, GWSA Land Development, LLC has requested an 18-month extension to the Final Plat submittal deadline of the approved plan to allow for additional time to prepare Final Utility and Stormwater Management Plans; Passed and duly adopted this 2nd day of December 2014 by the City Council of the City of Lake Elmo, Minnesota. 'Mike Pearson, Mayor 4 am Bell, City C�lerk Resolution 2014-91 MAMM I I 111M HAILLMI NO WAQ 11010 RESOLUTION APPROVING 2014 TAX LEVY, COLLECTIBLE IN 2015 AND AIPOPTING THE 2015 GENERAL FUND BUDGET WHEREAS, the City Council has conducted budget council workshops and meetings to review the 2014 Tax Levy, collectible in 2015, and the final 2015 General Fund, 2015 Debt Fund, and 2015 Library Fund Budgets; and WHEREAS, the City is required to adopt a final 2015 general fund budget payable 2015 and certify its final property tax levy payable in 2015. WHEREAS, the City of Lake Elmo held it's Truth in Taxation hearing on December 2, 2014; WHEREAS, the City of Lake Elmo closed the public hearing on the 2015 General Fund, Debt Fund and Library Fund budgets at the close of the meeting on December 2, 2014 without need for continuation; wmmm� BE IT FURTHER RESOLVED by the Council of the City of Lake Elmo, County of Washington, Minnesota that the following sums of money be levied for the current year, collectible in 2015, upon taxable property in the City of Lake Elmo, for the following purposes: Total General Fund Levy $2,421,588 Total G.O. Debt Levy $ 484,814 Library Levy $_231,261 Total Levy $3,137,663 BE IT FUTHER RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota. Mike Pearson Mayor 1--75 01 Adam Bell STATE OjFMINNES�OTA L lip well]# WHEREAS, under Minnesota Rules Part 4410.1100 Subp 6. (EAW Decision) the City of Lake Elmo ordered the preparation of an EA W for the InWood PUD Mixed -Use Development Project. WHEREAS, on August 19,2014, an EAW was completed for the tnWood Project, which will be located on approximately 157 acres of primarily agricultural land in the southwestern portion of Lake Elmo. The project is proposing 275 single-family lots, 264 multi- family units, and 90,870 square feet of commercial space; and WHEREAS, beginning on September 8, 2014, copies of the EAW were distributed to all • and agencies on the official Environmental Quality Board (EQB) mailing list and other interested parties; and WHEREAS, on September 29, 2014� the EAW was publicly noticed in the EQB Monitor, commencing the 30-day public comment period; and WHEREAS, the City of Lake Elmo accepted and responded to all written comments received. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: 1) The EAW was prepared, published, and distributed in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410. 1000 to 4410.1700 (1997). 2) The EAW, combined with the supplemental information contained in the Response to Comments, satisfactorily addressed all the issues raised and comments received for which existing information could have been reasonably obtained, and further investigation is therefore not required. 3) Based on the criteria established in Minnesota Rules Part 4410,1700, the project does not have the potential for significant environmental effects. 4) City of Lake Elmo makes a "Negative Declaration" on the need for an EIS. Jill 11111043FOROW1 1111111 7) The City of Lake Elmo shall maintain a Record of Decision, including the Response to Comments on the EAW, and will notify in writing, within five days, all persons on the EAW distribution list, all persons who commented in writing during the 30-day comment period, and any other person upon written request. City of Lake Elmo will also send notice of this decision to the project proposer and the EQB. Passed and duly adopted on this 2 nd day of December, 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike P—eaffs-6u, Mayor Adam Bell, City Cle The motion for the adoption of the foregoing resolution was duly seconded by member Yand upon vote being taken thereon, the following voted in favor thereof- jL& and the following voted against same: 0 Whereupon said resolution was declared duly passed and adopted. 111 01VIN Kvwn L`12 I UNIHNI U, A RESOLUTION APPROVING TIIEINWOOD PRELIMINARY PLAT AND PRELIMINARYPUD PLAN WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN and Inwood 10, LCC, 95 South Owasso Boulevard West, St. Paul, MN ("Applicants") have submitted an application to the City of Lake Elmo ("City") for a Preliminary Plat and a Planned Unit Development (PUD) Preliminary Plan for a planned development to be called InWood, copies of which are on file in the City Planning Department; and WHERE AS, the proposed Planned Unit Development is for a mixed -use Planned Unit Development on 157 acres of land located at the southeast comer of Inwood Avenue and 10"' Street in Lake Elmo and will include 275 single-family residential lots, 264 multi -family residential units, and approximately 90,000 square feet of commercial/office uses; and WHEREAS, the Preliminary Plat and Preliminary Plans include the single family portions of the overall PUD development, and WHEREAS, the Lake Elmo City Council approved the InWood PUD Concept Plan on September 16, 2014, and WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on November 2 2014 to consider the Preliminary Plat and Preliminary Plans for the PUD, and i WHEREAS, on November 24, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Inwood PUD Preliminary Plat and Preliminary Plans; and WWI Council as part of a memorandum from the Planning Department dated December 2, 2014; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed Inwood PUD Preliminary Plat and Preliminary Plans at a meeting on December 2, 2014, NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: Resolution 2014-094 I 1) That the procedure for obtaining approval of said PUD Preliminary Plan is found in the Lake Elmo City Code, Section 154.800. 2) That all the requirements of said City Code Section 154.800 related to the PUD Preliminary Plan have been met by the Applicant. 3) That the InWood preliminary plat complies with the City's subdivision ordinance and is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. NIMMONS 5) That the PUD Preliminary Plan will be located on property legally described on the attached Exhibit "A". 6) That the proposed PUD will allow a more flexible, creative, and efficient approach to use of the land, and will specifically relate to existing zoning district standards in the following manner (with exceptions as noted)- I Setback Inwood PLp±Min. I Front Yard 25 feet 20 feet Side / 5 Feet Garage Side Rear Yard 20 feet 20 feet Lot Area 8,000 square feet 4,250 square feet Lot Depth N/A 110 feet Lot Width 60 feet 38 feet a) The InWood PUD shall be exempt from, Section 154.457 of the Lake Elmo Zoning Ordinance concerning the width of attached garages b) All other requirements for the City's LDR zoning district will apply, including the allowed uses and other site and development standards 7) That the InWood PUD General Concept Plan was approved by the City on September 16, 2014, and that the submitted Preliminary Plat and Preliminary PUD Plan is consistent with the approved General Concept Plan. Resolution 2014-094 8) That the InWood preliminary plat and preliminary PUD plan are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area, with the exception of the narrowing and extending of the commercial area further south of I O'll Street along Inwood Avenue as approved in the General Concept Plan. 9) That the InWood preliminary plat and preliminary PUD plan generally complies with the City's LDR - Urban Low Density Residential and HDR. — High Medium Density Residential zoning districts with the exceptions to lot size, lot width, setbacks, and garage width requirements as specified above. 10) That the InWood preliminary plat and preliminary PUD plan comply with the City's subdivision ordinance. 11) That the InWood preliminary plat and preliminary PUD plan comply with the City's Planned Unit Development Regulations, 12) That the InWood preliminary plat and preliminary PUD plan comply with City's Engineering Standards, except where noted in the review memorandum from the City Engineer dated I 1/ 16/14 and 11 /24/14. 13) That the InWood preliminary plat and preliminary PUD plan comply with other City ordinances, such as landscaping, tree preservation, and erosion and sediment control. R ` r-,ffTV-pTvnTm7T77ry,r � =L ITM objectives for planned developments within LakeElmo. C011CLUSIONS AND DECISION Based on the foregoing, the Applicants' application for a PUD Concept Plan is granted, provided the following conditions are met: 1) The applicant shall work with Community Development Director to name all streets in the subdivision in a manner acceptable to the City prior to the submission of final plat. 2) The City and the applicant shall reach an agreement concerning the location and dedication of land associated with the proposed water tower necessary to provide adequate water service to the InWood project area prior to the acceptance of a final plat for any portion of the PUD area. 3) The preliminary landscape plan shall be updated to address the review comments from the City's landscape architecture consultant as noted in a review letter dated November 18, 2014 4) Prior to the submission of a final plat for any portion of the InWood PUD, the developer shall reach agreement with the City to determine the appropriate park dedication calculations for the entire development area. 5) As part of any development agreement that includes improvements to one of the adjacent County State Aid Highways (CSAH 13 and I Ot' Street), the City and the developer shall determine the appropriate responsibility for the cost of these improvements. Resolution 2014-094 M 6) The applicant must enter into a separate grading agreement with the City prior to the coniniencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall docurnent extent of any proposed grading on the site, 7) The applicant shall continue to work with the City on the final design of 5t" Street, and in particular, the transition from the InWood PUD to properties located further to the east (including the Boulder Ponds development and land owned by Bremer Financial Services). 8) The utility construction plans shall be updated to incorporate the recomniendations of the City Engineer concerning the appropriate location and size of sewer services through the PUD planning area, including any requested oversizing of these facilities to service adjacent properties. 9) The proposed public street access to 5"' Street from Streets D2 and the southeast park area (Park 1) shall be eliminated from the preliminary development plans in order to bring the proposed spacing into conformance with the City's access spacing guidelines. The developer shall provide access into the park to the satisfaction of the City Engineer. 10) All center median planting areas as depicted on the preliminary plat and plans shall be owned by the City of Lake Elmo and maintained by the Home Owners Association. The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park, trails, or open space on the final plat. 11) The applicant must either move the planned north/south tail through Park I further to the west around an existing wetland area located approximately 400 feet south of I O'h Street or will need to work with the South Washington Watershed District to design a multi -purpose trail through the buffer area that complies with all applicable watershed district's requirements, 12) The Final Plat and Plans must address the requested modifications outlined in the Cill MMMMM 13) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within County rights -of -way as required by Washington County and further described in the review letter received from the County dated November 17, 2014, 14) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction., and payment of public improvements. 15) The developer must follow all the rules and regulations of the Welland Conservation Act, and adhere to the conditions of approval for the South Washington Watershed District Permit. 16) The developer shall provide landscape material along the west side of Pond #200 to the satisfaction of the City's landscape consultant. 17) The developer shall incorporate elements from the Lake Elmo Theming Study at the intersection of 5th Street and Inwood Avenue. 18) The developer shall install a multi -purpose trail along I Oth Street between "Street B" and Inwood Avenue. Resolution 2014-094 19 19) The multi -purpose trail through the eastern buffer area shall be kept as far west on the applicant's property as possible, and the final alignment of this trail shall be subject to review by the City's landscape consultant. Passed and duly adopted this 2"d day of December 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor A EST. ry A246m-B-c# City" lerk �i- Le, j L, T Resolution 2014-094 il 0 INTIMMIN10 ki KKO111 Z k JANIIII I EM WHEREAS, Terry Emerson, E & E Properties, 11530 Hudson Boulevard South, has submitted a request to renew an Interim Use Permit related to a non-agricultural low impact use at 11530 Hudson Boulevard South establishing a bus/truck terminal in a HD - A -BP zoning district. WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on November 10, 2008, and reviewed and recommended approval of the Interim Use Permit for a bus/truck terminal on the site based on the following findings: 1) That the applicant has demonstrated compliance with all of the standards for a non- agricultural low impact use; and 2) That the applicant has demonstrated compliance with all applicable City Code standards for the issuance of an interim use. WHEREAS, Section 154.019, Subd. (B, 5) of the City Code requires the applicant to enter into a consent agreement with the City the specifies the terms and conditions of the interim use; and WHEREAS, the Lake Elmo City Council reviewed the Interim Use Permit request and consent agreement at its December 1 and December 9, 2008 meetings and approved the Interim Use Permit and consent agreement at its December 9, 2008 meeting; WHEREAS, the Planning Commission held a Public Hearing on December 13, 2010, and reviewed and recommended approval of the renewal request concerning the Interim Use Permit for a bus/truck terminal on the site based on the findings that were included in the City original approval; and WHEREAS, the Lake Elmo City Council reviewed the renewal request concerning the Interim Use Permit request and revised consent agreement at its December 2, 2014 meeting; NOW, THERFORE, BE IT RESOLVED that the Lake Elmo City Council hereby approves the renewal of the Interim Use Permit at 11530 Hudson Boulevard South to establish a bus/truck terminal as a non-agricultural low impact use and authorizes the execution of the revised consent agreement for this interim use subject to the following conditions: 1) That the applicant signs the approved consent agreement with the City in accordance with Section 154.019, Subd. (B, 5) of the City Code. 2) That the interim use will be valid for a period of five years from the date of the renewal of the Interim Use Permit (December 2, 2019), 3) That the interim use shall be subject to a review by the City Council after five years; and that neighboring property owners will be notified of the date when said review is conducted by the City. 4) That the interim use will terminate when any portion of the property is rezoned or when public sanitary sewer is provided to the site. Ww"1011901 -16W MERRIM-711110 1 .kX312L dike Pearson, Mayor ATTEST: 1-1-\ 4uli Jo Anso , �City A�Clerk Em L11 RESOLUTION NO. 2014-96 7-RENOL UJIUN T??ATMNG--A CUUPLIUTTFIE7?7t'*E'IE70LNI'WIIH WANHING] UN CUUNTY 10 F,ACILITATE ALL RIGHT OF WAY ACQUISITION FOR THE LAKE ELMO AVE DOWNTO1FN STREETAND UTILITYPROJECT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City and Washington County intend to reconstruct County State Aid Highway (CSAH) 17 (Lake Elmo Avenue) from Trunk Highway (TH) 5 to 30t" Street North in the City of Lake Elmo; and WHEREAS, the City and County intend to reconstruct 30t" Street North, Upper 33rd Street North, 36t" Street North and Laverne Avenue North, all local streets in the City of Lake Elmo, as part of the project; and WHEREAS, the construction of streets and utilities associated with the project will require the acquisition of permanent right of way, permanent easements, and temporary easements; and WHEREAS, the preliminary right of way cost estimate has been prepared by the County and the City will participate in the right of way costs in accordance with the Revised Draft County Cost Participation Policy for Projects Constructed in Washington County Using State Aid Funds or Local Tax Levy Dollars dated September 30, 2014; and WHEREAS, a cooperative agreement between the City and County is the appropriate method to facilitate the right of way acquisition; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Cooperative Agreement Between the City of Lake Elmo and Washington County for Right of Way Cost for the Lake Elmo Avenue Downtown Street and Utility Project. Passed and duly adopted this 2 nd day of December 2014 by the City Council of the City of Lake Elmo, Minnesota, Mike Pearson, Mayor 4ABell, City Clerk Resolution No. 2014-96 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-97 WHEREAS, Minn. Star. 444.075, subd. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for the collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: 1. The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2. The certified amount shall be payable over a period of one year, with interest as provided in Exhibit A. 3. The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. 4. The City Finance Director shall forthwith transmit a certified duplicate of Exhibit A to the County Auditor to be extended on the property tax lists of Washington County no later than December 28, 2014. Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 16th DAY OF DECEMBER, 2014. Mike Pearson Mayor (&�al) 11<7 Acl am Bell, City Clerk Resolution No, 2014-97 1