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06-07-22 Full CC
NOTICE OF MEETING City Council Meeting Tuesday, June 7, 2022 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North AGENDA A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1. May 17, 2021 D. Public Comments/Inquiries E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Approve Recycling Grant Agreement 4. Approve Met Council Water Efficiency Grant Agreement 5. Approve Lake Elmo Jaycees Special Event Permit for Huff N Puff 2022 6. Approve Agreement with Clifton Larson Allen for Finance Services 7. Approve Release of Utility Warranty Security for Royal Golf Club 1st Addition 8. Accept Quotes and Award Contract for the 2022 Striping Project 9. Accept Bids and Award Contract for the Well #1 Abandonment and Pumphouse Demolition – Resolution 2022-054 10. Approve Change Order No. 2 for Whistling Valley Street and Utility Improvements 11. Approve Whistling Valley Third Addition Water Transfer Agreement 12. Accept Bids and Award Contract for the 2022 Trail Seal Coat Project G. Regular Agenda 13. Public Hearing - Final Assessment Tapestry Sewer Project & Adopt Final Assessment Roll – Resolution 2022-055 14. 4622 Lilac Lane Variance – Resolution 2022-056 15. Conditional Use Permit for a Pool & Fitness Center at Royal Golf Club – Resolution 2022-057 16. Resolution Calling for Public Hearing Relating to the Tax Abatement Projects for 2022 Bonding – Resolution 2022-058 17. Comprehensive Plan Amendment for 110 Acres of City Owned Property at 34th Street & Ideal Avenue – Resolution 2022-059, 2022-060 18. Zoning Code Text Amendments: Fencing, Swimming Pools and Screening – Resolution 2022-061; Ordinance 2022-05, 2022-06 & 2022-07 H. Council Reports` I. Staff Reports J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner in Partnership with our Community. CITY OF LAKE ELMO CITY COUNCIL MINUTES MAY 17, 2022 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Cadenhead called the meeting to order at 7:00 pm. PRESENT: Mayor Charles Cadenhead and Councilmembers Katrina Beckstrom, Dale Dorschner, Jeff Holtz and Lisa McGinn. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, City Planner Hetzel, Fire Chief Kalis, Finance Director Magureanu and City Clerk Johnson APPROVAL OF AGENDA Councilmember Dorschner, seconded by Councilmember Holtz, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 5 – 0. ACCEPT MINUTES Councilmember McGinn, seconded by Councilmember Dorschner, moved TO ACCEPT THE MINUTES OF THE MAY 3, 2022 CITY COUNCIL MEETING AS PRESENTED. Motion passed 5 – 0. PUBLIC COMMENTS/INQUIRIES Cassandra Knudson, 696 James Ave. N., commented on her neighbor’s goats and asked the City to find a solution for the goats to stay in spite of the code violations that exist on the property. Kristin Shanley, 526 6th St. N., also spoke in favor of Gove’s Goats and asked the City to allow the goats to remain on the property. Nikki Hollerich, 706 James Ave. N., stated she lives behind the goats and asked the city to find a way to make it work so the goats can stay on the property. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Release Utility Warranty Security for Boulder Ponds 3rd Addition LAKE ELMO CITY COUNCIL MINUTES May 17, 2022 Page 2 of 3 4. Approve Pay Request No. 8 for Old Village Phase 5 and 6 Street and Utility Improvements 5. Approve Pay Request No. 1 for Whistling Valley Street and Utility Improvements 6. Approve Pay Request No. 6 for the 38th-39th Street Neighborhood Street and Utility Improvements 7. Approve Pay Request No. 8 for Heritage Farms Street and Utility Improvements. 8. Approve Pay Request No. 4 for Lake Elmo City Center Public Works Addition 9. Approve Cooperative Agreements for the County State Aid Highway (CSAH) 15 and 30th Street Intersection Improvements – Resolution 2022-047 10. Approve Closing Unused funds and Transfers to Close Funds – Resolution 2022-048 Councilmember Holtz, seconded by Councilmember Dorschner, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 11: 8930 Jane Road North Variance City Planner Hetzel presented the request for a second curb cut to accommodate an additional driveway that would provide access to a recently constructed garage. Hetzel reviewed the site conditions and limitations created by the slope of the property. Applicant Valerie Brass commented on the site and challenges due to the slope and mature trees. Councilmember Dorschner, seconded by Councilmember McGinn, moved TO APPROVE RESOLUTION 2022-052, APPROVING THE REQUEST WITH CONDITIONS FROM BILL AND VALERIE BRASS FOR A VARIANCE TO PAVE A SECOND CURB CUT (DRIVEWAY) ON THE PROPERTY LOCATED AT 8930 JANE ROAD N. Motion passed 5 – 0. ITEM 12: Accept Bids and Award Contract for The Tapestry Sanitary Sewer Extension, Declare Costs to be Assessed and Call for Hearing on Proposed Improvement City Engineer Griffin reviewed the scope of the project, project improvements, potential future service areas and related oversizing costs, estimated project costs and proposed assessments. Councilmember McGinn, seconded by Councilmember Holtz, moved TO APPROVE RESOLUTION NO. 2022–049, ACCEPTING BIDS AND AWARDING A CONTRACT TO A-1 EXCAVATING, LLC IN THE AMOUNT OF $795,795.00 FOR THE TAPESTRY SANITARY SEWER EXTENSION. Motion passed 5 – 0. Councilmember McGinn, seconded by Councilmember Holtz, moved TO APPROVE RESOLUTION NO. 2022-050, DECLARING COSTS TO BE ASSESSED AND CALLING FOR THE HEARING ON THE PROPOSED ASSESSMENT FOR THE TAPESTRY SANITARY SEWER EXTENSION. Motion passed 5 – 0. LAKE ELMO CITY COUNCIL MINUTES May 17, 2022 Page 3 of 3 ITEM 13: Resolution Authorizing Participation in State Performance Measurement Program and Reporting Results for 2021 City Administrator Handt reviewed information submitted to the State Performance Measurement Program. Councilmember Dorschner, seconded by Councilmember Beckstrom, moved TO APPROVE RESOLUTION NO 2022-051, AUTHORIZING PARTICIPATION IN THE STATE PERFORMANCE MEASUREMENT PROGRAM AND REPORTING RESULTS FOR 2021. Motion passed 5 – 0. COUNCIL REPORTS Mayor Cadenhead: Attended a state of the cites address with Administrator Handt and neighboring cities at the Chamber of Commerce and reported on EDA meeting held prior to the City Council meeting. Councilmember Holtz: Commented on the EDA meeting. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Reported on the status of proposed legislation to address water issues and the 3M workgroup. City Engineer Griffin: Reported on meetings with the Whistling Valley shared well group. City Attorney Sonsalla: Introduced Rachel Tierney who will be filling in during upcoming medical leave. Meeting adjourned at 7:59 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Charles Cadenhead, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT DATE: 6/7/22 CONSENT MOTION TO: City Council FROM: Julie Johnson, City Clerk; Rebecca McGuire, Deputy Clerk AGENDA ITEM: Recycling Grant REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: For several years, the City has been a participant in the Recycling Grant program offered by Washington County. This program allows for reimbursement of costs related to encouraging residential recycling in the City of Lake Elmo. ISSUE BEFORE COUNCIL: Should the city approve the Recycling Grant Agreement with Washington County? PROPOSAL DETAILS/ANALYSIS: Staff has identified projects including updating the City’s solid waste ordinance and performing community outreach via the City’s website, newsletter and other electronic communications to encourage recycling and inform residents of opportunities to reduce their solid waste through recycling. The project plan has been accepted by Washington County and upon completion of the tasks included the City will receive a grant of $14,004 for 2022. FISCAL IMPACT: • $14,004 will be received if all tasks are completed according to the plan. OPTIONS: • Approve the Recycling Grant Agreement • Deny the Recycling Grant Agreement • Table for future discussion RECOMMENDATION: “Motion to approve the 2022 Grant Agreement for Municipal Recycling Grant Distribution between the City of Lake Elmo and Washington County.” ATTACHMENTS: • Grant Agreement -1- 2022 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Lake Elmo, 3880 Laverne Avenue North, Lake Elmo, MN 55042, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE, the parties hereto agree as follows: 1. Term: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2022. 2. The County's Obligations: The County will pay the Grantee an amount of up to $14,004.00 which is to be used for recycling program expenses in 2022. Payment will be within 60 days of execution of this Agreement. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2022 Municipal Recycling Grant Application and the guidelines therein (Exhibit A). b. The Grantee will use all recycling grant money received in 2022 as a result of this Agreement, for base funding activities, recycling projects, and public education related to recycling, as indicated in Exhibit A. If all recycling grant funds are not used within the grant period, the Grantee must return unexpended funds to the County unless the County approves utilizing the unspent funds for recycling projects the following year. c. The Grantee shall sign and return this Agreement to the County by July 1, 2022. Failure to do so will result in a reduction or loss of grant funds. d. The Grantee agrees to support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Grantee will prepare and submit annual work plan project reports to the County. The reports shall cover the time period from January 1 to December 31 and shall be submitted to the County by January 31st of the year following the reporting period. The annual reports are available on the County’s Municipal Recycling Grant Application and Reporting software (Re-TRAC Connect). f. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste generated by city/township government activities (including city/town halls, public WASHINGTON COUNTY CONTRACT # PUBLIC HEALTH & ENVIRONMENT TERM: - 12/31/22 14796 20498 Final Signature -2- works buildings, parks, and for city/townships that arrange for waste services on behalf of their residents) shall be delivered to the Ramsey/Washington Recycling and Energy Center in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. g. The parties agree that if the Grantee contracts or otherwise arranges for municipal solid waste hauling service on behalf of its residents and/or businesses and the Grantee issues bills for this service, the Grantee shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and shall make reasonable effort to collect the CEC. Exception to this provision is if the licensed hauler collected the CEC for the previous year. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance #178 or its replacement, Ordinance #194, effective July 1st, 2014. Failure of the Grantee to comply with this provision shall constitute a breach of this Grant Agreement and will result in loss of grant funds. 4. Indemnification and Insurance: a. The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. b. The Grantee agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Commercial General Liability/Professional Liability with contractual liability coverage in the amount of the County’s tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the County’s tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 3. Worker’s Compensation in statutory amount. (if applicable) Prior to the effective date of this Agreement, the Grantee will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this agreement. This certificate of insurance shall be on file with the County throughout the term of the agreement. As a condition subsequent to this agreement, Grantee shall insure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Vendor to maintain a current certificate of insurance with the County shall be a substantial breach of the contract and payments on the contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the contract is provided to the County. -3- Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the County. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. Condition Subsequent: It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 7. Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 8. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 9. Nondiscrimination: During the performance of this Agreement, the Grantee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, sexual preference or orientation, disability, marital status, public assistance status, criminal record, creed or national origin, -4- be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable Federal and State Laws against discrimination. 10. Firearms Prohibited: Unless specifically required by the terms of this contract or the person it is subject to an exception provided by 18 USC§ 926B or 926BC (LEOSA) no provider of services pursuant to this contract or subcontractors shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision is grounds for immediate suspension or termination of this contract. 11. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 12. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 13. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. 14. Force Majeure Events:: For purposes of this agreement, “Force Majeure” refers to an event that by its nature is -5- unforeseen, or, if it was foreseen, was beyond reasonable control by either party, and includes COVID-19. With a Force Majeure event of COVID-19, the parties agree to 1) make an attempt to reschedule any such municipally planned events impacted by COVID-19 included but not limited to community clean-ups, collection events, planned performances, and promotional campaigns, or 2) substitute the impacted event with other acceptable recycling efforts as outline in Exhibit A of this agreement. -6- IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE WASHINGTON COUNTY BY____________________________________ BY David Brummel, Director TITLE Department of Public Health and Environment DATE DATE_____________________________ APPROVED AS TO FORM BY: __________________________ Ass't Washington Co. Attorney DATE: ________________ 5/2/22 /S/ Kevin Magnuson 1 Municipal Recycling Grant Guidelines 2022 Municipalities in Washington County are responsible for establishing and maintaining municipal recycling programs. The County provides educational, financial and technical assistance to local governments to aid these programs. The County’s municipal recycling grant program assists municipalities with recycling program expenses. Grant funding levels are dependent on municipality household counts and recycling program activities. Municipalities are encouraged to apply for the maximum level of funding. Four levels of grant funding are available: 1. A base amount is provided to cover administrative and program expenses to sustain existing programs and covers the BASIC category of the recycling continuum. Base funding is dependent on the number of households in a community. 2. A second level, project funding, is targeted to specific grant projects that are related to achieving recycling goals and covers projects contained in the IMPROVED and ADVANCED categories of the recycling continuum. 3. A third level, incentive funding, is one-time special project funding for large projects or purchases that cannot be covered with project funding. 4. A fourth level, shared resources funding, is targeted to fund collaborations among municipalities. I. Eligibility Requirements In order to receive funding through the Washington County municipal recycling grant program, municipalities must meet the following eligibility requirements: 1. A municipality’s curbside recycling program shall be established by ordinance or a contract with a recycling contractor and be in operation during 2022. 2. Municipality must support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. 3. All multi-unit dwellings (4 or more units) must have recycling service available. 4. At a minimum, the municipality must meet or plan to meet the components under the BASIC category of the recycling continuum (see page 9). 5. At a minimum, municipal staff must participate in two recycling coordinator meetings and one meeting with PHE staff per year to develop the two year grant project work plan. 2 6. Supply Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law (if applicable) 7. Complete projects and performance measures outlined on the application or return funds for incomplete projects. 8. Complete the previous grant cycle expenditures and project final reports as well as submitted a complete application for the current grant cycle. 9. Continue to make progress along the municipal recycling performance continuum. II. Funding Application Municipalities must complete a funding application by April 14th, 2022 to receive grant funding. Completed applications and yearly work plan must be submitted using the Re-TRAC Connect program. III. Grant Funding Allocation Funding is separated into four (4) categories: 1. Base funding: funding for activities that sustain the municipalities existing recycling program. This includes funding for administration of a recycling ordinance, resident questions, completing the municipal grant application, work plan and annual report, residential recycling information, website maintenance, and meeting the BASIC category of the continuum, which can be found on page 9. The table below shows how base funding is determined for each community. # of Households Eligible Amount for Base Funding <450 $1,500.00 451-1000 $2,500.00 1001-2000 $5,000.00 2001-5000 $10,000.00 5001-10000 $20,000.00 >10000 $30,000.00 Note: household data is retrieved from the Metropolitan Council’s most recent population estimates. These estimates are the official population and household estimates for state government purposes, including how local government aid (LGA) and local street aid allocations are determined. Previous year estimates are prepared the following year and certified by July 15. 2. Project funding: funding to develop and implement new or expanded recycling projects that encourage movement along the recycling continuum in the IMPROVED and ADVANCED categories, found on page 9. A municipality is eligible to receive $0.50/household per project. A municipality may qualify for up to four projects per year. 3 3. Incentive funding: one-time special project funding for large purchases that cannot be covered with project funding. Incentive funding can be applied for after the April 14th, 2022 grant application deadline so long as the municipality meets to discuss with PHE staff. Funding can be requested and utilized at any time during the 2022 grant cycle. 4. Shared Resource funding: this is targeted to fund collaborations among municipalities. Municipalities participating in shared resource funding must designate one municipality to act as representative and fiscal agent to be liaison with the county. IV. Eligible Expenses Grant funds may be used for the following recycling related expenses: 1. Administrative (maximum of 75% of County grant funds effective 2022) Salary and legal costs of personnel only while directly working on, part time or full time, the planning, implementation and promotion of eligible activities. Salaries, benefits and mileage for consultant services or temporary help with prior written approval from PHE and must be related to eligible activities. County-approved educators, performers, and municipal staff who help implement required education activities using County toolkits and standardized messaging. 2. Capital expenses Event recycling containers (i.e. Clear Stream recycling) Public space recycling containers (i.e. parks, trails, athletic facilities) Recycling containers and education for municipally owned/operated buildings and internal spaces Municipal (residents only) food scraps drop-off site (i.e. collection costs, signage, promotion) 3. Public Education and Promotion Design, production, and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and e-news) and other communication promotional items reaching at least 1% of population Updating and disseminating Washington County flyers, brochures, newsletters, posters, advertisements, videos, billboards, audio (radio, video, television, theatre) electronic (website and e-news) and other communication promotional items Development of promotional materials for a community event such as a clean-up day or road clean up event The percentage of cost for a municipality’s newsletter devoted to recycling Environmental commissions and related expenses directly related to recycling and waste education (maximum of 25% of County grant funds) 4. Other Yard waste, recycling, or composting project (i.e. backyard composting 4 promotion activities) Reuse projects and promotion Other expenses with prior written approval from the PHE V. Ineligible Expenses 1. Permanent, single sort, year-round recycling drop-off locations 2. Disposal expenses related to community clean up events or road cleanup activities such as wages to workers and hauling/disposal expense for trash or material collected and used as a fuel such as tires and used oil 3. Expenses for non-waste abatement, such as energy or ground water 4. Ongoing recycling or garbage service fees (collection, processing, transportation) 5. Costs for office equipment and supplies 6. Street sweeping expenses 7. Beautification projects or rain gardens 8. Lobbying and legal expenses 9. Food or refreshments 10. Funding currently budgeted or being provided by applicant VI. List of Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection PHE created the list of standard recyclable materials to be collected curbside after researching current materials collected curbside by haulers as well as the availability of viable end markets for those materials. This list covers only the minimum materials recommended for residential curbside collection. A municipality may require the collection of additional recyclable materials. A municipality may choose how to enforce such as through ordinance or hauler licensing. At a minimum, the following materials must be included in the municipality’s curbside program: Standard Recyclable Materials to Be Collected Curbside for Single Sort Collection Paper • Boxboard including corrugated cardboard (OCC) • Envelopes- window and metal clasps acceptable • Magazines and catalogs • Mail, office and school paper • Newspaper and inserts • Phone books Cartons • Milk and broth cartons • Juice boxes Metal Food and beverage aluminum/tin/bimetal cans Glass • Food and beverage bottles and jars 5 Plastics • PET (#1) - water, soda and juice bottles - ketchup and salad dressing bottles HDPE (#2) - Milk and juice jugs - Dish soap bottles and detergent jugs - Shampoo, soap and lotion bottles PP (#5) - Yogurt, pudding and fruit cups - Margarine, cottage cheese and other tubs This standard list of recyclables for single sort recycling collection will be periodically reviewed and updated by PHE as additional materials and end markets become available. PHE may add materials to this list and require municipalities to begin collection of the new materials within one year of receiving notification from the PHE. VII. Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law As a condition of eligibility for the Washington County Municipal Recycling Grant funds, pursuant to Minnesota Statutes 115A.46, subd. 5 and 115A.471, all waste generated by municipal government activities, including, but not limited to city/town halls, public works buildings, parks, etc., and waste arranged or waste contract for on behalf of its residents (such as organized garbage collection), must be managed in accordance with the County’s Solid Waste Management Plan and delivered to the Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach of the Municipal Recycling Grant Agreement. VIII. Reporting 1. Hauler Reporting The Minnesota Pollution Control Agency will collect tonnage reports directly from haulers on behalf of Counties and Municipalities. Reports will be collected on a quarterly basis and will have tonnage amounts for MSW/garbage, recycling and source separated organics listed for each County. To ensure data is provided to the State quarterly, municipalities are expected to continue their role in enforcing hauler compliance through existing ordinances, contracts or licenses with haulers. Municipalities are expected to exercise punitive actions, if needed. The final, compiled hauler reports will be available on the County’s Re-TRAC Connect system for municipality’s to view after the reporting period has closed. 2. Annual Work Plan Project Status Reports Municipalities receiving funding through the Washington County municipal recycling 6 grant program must complete annual work plan project status reports. The annual report is a measure of a municipality’s progress towards meeting components on the recycling continuum and on program expenditures. Annual reports must be completed by the municipality receiving the grant by mid-February of each year using the County’s Re-TRAC Connect system. a. Work plan project status report: project completion (yes/no) performance measurements (minimum of 3 forms of measurement, as identified in work plan, should be reported) description of information helpful to other municipalities desiring to replicate projects 3. Final Program Expenditures Report Municipalities receiving funding through the Washington County municipal recycling grant program must complete final program expenditures report at the end of the grant term. Reports must be completed to receive funding in future grant cycles. Components to be included in the final report includes the following: a. Program expenditures: Total program expenditures must equal total program revenue. Administrative costs including - Direct salaries - Direct membership, training, subscriptions - Consultant services and or temporary help - Promotion - Design, printing and postage - Advertisements - Videos - Promotional items - Special events - Other (list and describe) Capital Costs Collection Costs (recycling grant funds cannot be used for collection costs) Other b. For each line item on the report’s expenditures sheet, indicate: Total County grant funds used City/Township funds contributed % of County grant used for particular line item Total expenditures IX. Recycling Performance A municipality’s performance will be evaluated based on information from the annual work plan project status reports, and reasonable effort towards reaching outcomes from work plan 7 activities implemented and progression along the recycling continuum. PHE reserves the right to request documentation for information submitted. Failure by a municipality to demonstrate measureable progress towards one or more of the work plan goals will result in a Recycling Improvement Plan be submitted 90 days of being notified by PHE. The Plan must be negotiated with PHE and specify the efforts that will be undertaken by the municipality to improve its recycling program to achieve the identified goal in the work plan by implement strategies agreed upon by municipal staff and PHE. The plan should focus on components of the recycling continuum. Funding may be withheld until the municipality’s Plan is completed and approved by PHE. X. County Responsibilities 1. Grant documents PHE will provide the grant application and work plan by January 1st for each municipality to use to request grant funding and to develop project work plans. PHE will also provide the annual report for municipalities to report on their recycling program. Annual reports are available year round. 2. Meetings PHE staff will continue to host quarterly recycling coordinator meetings and will make meeting materials available on the City Recycling Resources webpage on the County’s website. PHE staff will also continue to coordinate individual work plan meetings with each municipality to identify grant projects. 3. Technical assistance PHE staff will help identify if and how additional technical assistance is needed. 4. Payments Grant payment will be made in one installment, which is to be used for recycling program expenses in 2022. The payment will be made within 60 days of execution of the Recycling Grant Agreement. 5. Recycling tonnages Recycling tonnages for each municipality will be collected by the Minnesota Pollution Control Agency (the State) from the community’s recycling hauler(s) on a bi-annual basis. Reports are available on the County’s Re-TRAC Connect system. 6. Residential recycling survey If requested, PHE will assist in the development of a survey on residents’ recycling knowledge and behavior for municipalities to promote and distribute regularly. 7. Online recycling information and best practices PHE will maintain the City Recycling Resources webpage on the County’s website for use by municipal staff to obtain information on recycling best practices, learn about other grantee projects, track recycling coordinator meetings, and access templates and other educational information designed specifically for use by municipalities. 8. Commercial Recycling 8 PHE has a separate funding mechanism to promote and support recycling in the commercial sector. This program is called BizRecycling and more information can be found at www.bizrecycling.com. 9. Recycling in multi-unit dwelling (4+ units) PHE has a separate funding mechanism to promote and support recycling in multi-unit dwellings. More information and ways to access this program can be found on www.bizrecycling.com. Supplemental documents required upon application submittal: Current waste and recycling ordinance(s) (if applicable) Current waste and recycling contract(s) (if applicable) City/Township council meeting minutes (if applicable) Verification of public entities law (Minnesota Statute 115.471 and 115A.46) (if applicable) A certificate of insurance indicating the municipalities’ general liability limits as indicated in Section 4 of the Agreement. Please be sure to include the certificate with the application and not have it sent separately by your insurance carrier. Washington County Municipal Recycling Grant Continuum BASIC IMPROVED ADVANCED Administrative Administrative Administrative Actively participate in municipal recycling grant program Engage in professional development around recycling best practices Provide professional development opportunities to municipal leadership and staff on recycling best practices Participate in a minimum of two recycling coordinator meetings per year, either virtually or in person Develop partnerships within the community to create more widespread knowledge of recycling best practices Develop partnerships with other municipalities Sustain a curbside recycling program by ordinance or contract Update solid waste/recycling ordinance and/or contract with assistance from county to meet current state requirements and language Update solid waste/recycling ordinance and/or contract with the assistance from the county to expand and require recycling best practices Require collection of standard list of recyclables updated annually by the county Support community wide efforts to increase recycling of non- standard items Adopt municipal policies to support waste reduction, reuse, and recycling Support state efforts in obtaining hauler reports through ordinance, contract or license requirements Capital Expenses Capital Expenses Capital Expenses Replace worn/torn/missing signage or updated signage provided by the county Provide recycling in municipally owned/operated public spaces Establish municipal drop locations for use by residents for items not available for curbside pick-up Provide recycling in municipally owned/operated buildings (non- public facing) Develop programs that target reuse Replace worn/torn/missing signage Expand away from home recycling opportunities, such as fairs, parks, athletic fields, arenas, and recreation centers Education & Information Education & Information Education & Information Establish and maintain web page with recycling and waste information for residents and businesses that at a minimum provides hauler and collection information, city disposal locations, and city container requirements Improve and maintain information on web page to encourage waste reduction and reuse Provide recycling and waste information to new residents in the community Share designated county created communications or link, and maintain links, to them on county web page Encourage backyard composting and provide information on county's compost bin/rain barrel sales Establish recycling targets for the community Encourage special events in community to utilize the county’s special event resources Store county provided Clear Streams recycling containers and Special Events toolkits for use by community Reach 1% of resident population with municipal waste and recycling information and programs Provide recycling and food scrap containers for events hosted or sponsored by the municipality or located on public property Encourage reuse opportunities and provide outreach on environmental benefits of reuse Establish reuse incentive programs or equipment library Multi-Unit Dwellings Multi-Unit Dwellings Multi-Unit Dwellings Ensure all multi-unit dwellings (4 or more units) have recycling services available Provide educational materials to interested properties and refer property managers to Washington County staff Target education to multi-units and/or property managers Host clean-up event for multi-units Coordinate clean-up events for multi-units based on multi-unit turnover STAFF REPORT DATE: June 7, 2022 CONSENT TO: Honorably Mayor and City Council FROM: Kristina Handt, City Administrator AGENDA ITEM: Metropolitan Council Water Efficiency Grant Agreement BACKGROUND: In March, staff applied for another Met Council Water Efficiency Grant, similar to the one the city received in 2020. In May, we learned the city had been awarded a $43,000 grant. The grant agreement is included in your packet for review and approval. This grant period runs from July1, 2022-June 30, 2024. ISSUE BEFORE COUNCIL: Should the City Council approve the Grant Agreement with the Metropolitan Council for the Water Efficiency Grant? PROPOSAL DETAILS/ANALYSIS: The Metropolitan Council will reimburse 80% of the cost of the water efficiency replacement rebate program. We will expand the program to apply to all grant eligible activities: Eligible water efficiency devices consist of the following: • Toilet replacement with a US EPA WaterSense labeled toilet • Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather-based or soil moisture-based • Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body • Irrigation system audit by an Irrigation Professional certified by a US EPA WaterSense program • Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher Staff will prepare advertisements, mailings, newsletters, online updates and social media updates to residents to encourage participation in the program. Residents who are municipal water customers will be required to submit proof of purchase of an eligible device and will receive reimbursement as a rebate posted to their water account the following quarter. New construction and new developments are not eligible FISCAL IMPACT: The grant provides for an initial reimbursement of up to $43,000. Additional funding is available if there is a greater level of program participation than anticipated. The city must provide a 20% match ($8,600) of any Met Council grant funds. In addition, the city and met council contributions cannot cover 100% of the cost of the purchase. To simplify meeting this requirement, the city will ask that water customers cover an amount equal to the sales tax associated with the purchase. OPTIONS: 1) Approve the Clean Water Fund Grant Agreement with the Metropolitan Council 2) Do not approve the Clean Water Fund Grant Agreement with the Metropolitan Council RECOMMENDATION: If removed from the consent agenda: Motion to approve the Water Efficiency Grant Agreement No. SG-17773 with the Metropolitan Council and authorize the City Administrator to execute all necessary documents. ATTACHMENTS: • Clean Water Fund Grant Agreement NO. SG-17773 STAFF REPORT DATE: June 7, 2022 Consent TO: Mayor and City Council FROM: Julie Johnson, City Clerk AGENDA ITEM: Lake Elmo Jaycees Special Event Permit & Temporary Liquor License for Huff n’ Puff Days BACKGROUND: Lake Elmo Jaycees will hold their annual Huff n’ Puff Days event August 11 through 14, 2022 and have requested an on-sale temporary special event liquor license to allow for the safe sale of alcoholic beverages at the event. They are also requesting a special event permit. City Council is respectfully requested to consider approval of a temporary on-sale liquor license issued to the Lake Elmo Jaycees for their annual Huff n’ Puff Days event held August 11 through 14, 2022, subject to approval of the Director of Alcohol and Gambling Enforcement. In addition, the City Council is requested to waive the $25 liquor license fee, the fee for the Lion’s Park ball field lighting and the special event permit fee of $75 ISSUE BEFORE COUNCIL: Should the Council approve the special event permit, liquor license and waive the fees for the liquor license, special event permit and ball field lighting? Should the Council place conditions on the approval requiring sheriff’s deputies for the event? PROPOSAL DETAILS/ANALYSIS: The City Council approves special event permits under City Code Section 110.70. The code establishes standards for special events in the following areas: maximum number of people, sound equipment, sanitary facilities, security, food service, fire protection, duration of special event, and a cleanup plan. Prior to the issuance of a permit, the City Council, may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons, attendant or of the citizens of the City of Lake Elmo including, but not limited to, restrictions on parking and vehicle access, lighting, litter and noise. With respect to security and safety procedures, the Washington County Sheriff’s Department is recommending security at the event provided by the Washington County Sheriff’s Department at a cost of $50 per hour per deputy. The Jaycees also have volunteers patrolling the site to provide additional security. Alcohol sales are proposed for the same hours as past years: Thursday 5:30 p.m. – 10:30 p.m., Friday 5:30 p.m. – 12:00 a.m., Saturday 8:00 a.m. – 12:00 a.m., and Sunday 10:00 a.m. – 8:00 p.m. Washington County Sheriff’s Department is proposing two deputies on Thursday 6:00 p.m. – 10:00 p.m.; Friday and Saturday 6:00 p.m. – 12:00 a.m.; and Sunday from 4:00 p.m. – 8:00 p.m. This is the same level of security provided in past years and staff would support this recommendation. The cost is $50/hour per deputy with a four hour minimum, for a total of $2,000 to be paid by the applicant directly to Washington County. Clean up would be completed by volunteers including trash pickup surrounding the area after the event. FISCAL IMPACT: The only financial impact to the City is loss of revenue for the special event permit, ball field lighting and liquor license. These funds were not budgeted as is has been past practice to waive those fees for Huff N Puff. OPTIONS: 1) Approve the special event permit for Huff n Puff Days 2022 with the following conditions: • The event shall be held as described in the application • Waiver of the special event permit fee, liquor license fee and ball field lighting fee • Deputies will be onsite as recommended by the Washington County Sheriff’s Office 2) Approve the special event permit for Huff n Puff Days 2022 with different conditions 3) Do not approve the special event permit for Huff n Puff Days RECOMMENDATION: If removed from the consent agenda, staff recommends the following motion: “Motion to approve a special event permit and temporary on-sale liquor license issued to the Lake Elmo Jaycees for their Huff n’ Puff Days event held August 11 through 14, 2022, subject to approval of the Director of MN Alcohol and Gambling Enforcement Division, and waive the liquor license fee, special event permit fee and the fee for Lion’s Park ball field lighting.” ATTACHMENTS: • Special Event Permit Application • Liquor License Application STAFF REPORT DATE: June 7, 2022 CONSENT AGENDA ITEM: Agreements with Clifton Larson Allen for Accounting Services TO: Mayor and City Council SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Clifton Larson Allen (CLA) provided finance director and accounting services to the city during a time of position vacancies in 2017. For this reason, I have reached out to them again to provide financial services while the finance director position is vacant. We will begin advertising for the position once the departmental audit is complete and direction given by council. ISSUE BEFORE COUNCIL: Should the Council approve the master service agreement and statement of work agreement with CLA? PROPOSAL: The Draft Master Service Agreement and Statement of Work are included in your packet. As the statement of work describes, CLA would perform bank reconciliations, journal entries, quarterly financials, assistance with budgeting, and miscellaneous finance support as directed. We are still in the process of negotiating some language related to liability, insurance, indemnification and the time period by which the city can bring a claim. We have agreed to language in concept regarding three of the four issues. The outstanding item is related to indemnification. While the agreement has the city indemnifying CLA, we are asking for mutual indemnification. In order to allow us to get assistance on board as soon as possible and not wait for another council meeting, we’re asking council to approve an agreement so long as it meets the satisfaction of the city attorney and city administrator. If we are not able to resolve the indemnification language, staff will begin the search for another firm to provide financial services. FISCAL IMPACT: The fee is $115/hour with a 5% technology fee. The 20-hour a week is an estimate at this time. OPTIONS: 1) Approve Master Service Agreement and Statement of Work with CLA and authorize city administrator to sign. 2) Amend and then approve the agreements 3) Do not approve the agreements RECOMMENDATION: If removed from the consent agenda: Motion to approve the Master Service Agreement and Statement of Work with CLA provided they meet the satisfaction of the city attorney and city administrator. 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Response , CaAg(uAwfLLswi DAasiaAlfLi Ai sATt)sLaint)Ct0AflAiCiDAflAonSsAd .fAnt)ACaAnwwsPis)AvDhA en0sA3AflA4 A CLA i CliftonLaftr stAooe SIGN: ms0ntAeDs2AeLCtwCPn DATE: Client iCiDAflAonSsAd .f SIGN: KLCaiCtnAHnt)i2AiCiDAr).CtCaiLnifL DATE: en0sA4AflA4 STAFF REPORT DATE: June 7, 2022 CONSENT AGENDA ITEM: Approve Release of Utility Warranty Security for Royal Golf Club 1st Addition. SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Molly Just, Planning Director Marty Powers, Public Works Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve release of the utility warranty security for public improvements including public sanitary sewer and watermain for Royal Golf Club 1st Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to release the development security in accordance with the development agreement for Royal Golf Club 1st Addition. The public improvements including sanitary sewer and watermain were completed and accepted by the City on July 2, 2019 and the 2-year warranty period was initiated. A twenty-five percent (25%) warranty security was retained. During the warranty period the lift station backup generator failed. A replacement generator has been ordered by the city with developer contribution, thereby resolving this issue. A warranty walk-through was completed by City staff in June 2021 and all utility warranty punch list items have been addressed. The release of security is contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City. With the release of the 2-year utility warranty security for public sanitary sewer and watermain improvements the overall development security may be reduced as shown below. Current Security Amount Proposed Security Amount 1. Boulder Ponds 3rd Addition $341,371 $0 FISCAL IMPACT: Release of the utility warranty security brings the public improvements including sanitary sewer and watermain to a close. The operation and maintenance of these facilities becomes the responsibility of the City going forward. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the release of the utility warranty security for public improvements including sanitary sewer and watermain in the Royal Golf Club 1st Addition, resulting in a reduction in overall security as detailed in the Security Reduction Worksheet. The release of security is contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve the security reductions for Royal Golf Club 1st Addition as detailed in the Security Reduction Worksheet, contingent on the developer being current with all other payments and obligations in accordance with the Development Agreement, including a positive escrow balance as required by the City”. ATTACHMENTS: 1. Security Reduction Worksheet – Royal Golf Club 1st Addition. ROYAL GOLF CLUB 1ST ADDITION October 31, 2018DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5Grading NA NAIncluded in Overall Grading AgreementSanitary Sewer $723,897 $904,87175%$452,436 $226,218 $226,218Watermain $368,489 $460,61175%$230,306 $115,153 $115,153Storm Sewer $429,087 $536,359100%$268,179 $134,090 $134,090Streets and Sidewalks $872,121 $1,090,151100%$545,076 $272,538 $272,538Trails $76,050 $95,063100%$71,297 $23,766Surface Water Facilities NA NAincluded in Grading AgreementStreet Lighting $36,000 $45,000100%$33,750 $11,250Street Signs and Traffic Control Signs $11,404 $14,254100%$10,691 $3,564Landscaping $249,083 $311,354100%$233,515 $77,838.44Tree Preservation and Restoration NA NAincluded in Grading AgreementWetland Mitigation and Buffers NA NAincluded in Grading AgreementMonuments $7,300 $9,125100%$6,844 $2,281Erosion Control $71,880 $89,850100%$67,388 $22,463Turn Lanes NA NAincluded in Streets & SidewalksRecord Drawings $11,000 $13,750100%$10,313 $3,438TOTALS $2,856,310 $3,570,388RELEASED AMOUNTS:$1,495,996 $233,515 $948,279 $551,226 $341,371CUMMULATIVE AMOUNTS:$1,495,996 $1,729,511 $2,677,791 $3,229,017 $3,570,388SECURITY AMOUNT REMAINING:$2,074,392 $1,840,876 $892,597 $341,371 $0DATE: 1/16/2018 3/5/2019 7/2/201910/6/2020 6/7/2022Time of Performance: REDUCTIONS STAFF REPORT DATE: June 7, 2022 CONSENT AGENDA ITEM: Accept Quotes and Award Contract for the 2022 Striping Project SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Mike Rusenovich, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council accept quotes and award a construction contract for the 2022 Striping Project? BACKGROUND: In accordance with the City’s annual street maintenance program, certain streets have been scheduled to be seal coated in 2022. Streets that have existing pavement markings must be restriped after the seal coat work is complete. See attached Location Map. The street maintenance work programmed in 2022 was reviewed jointly by Public Works and Engineering to confirm the work to be completed. PROPOSAL DETAILS/ANALYSIS: Quotes for seal coating were solicited from 2 qualified contractors and 1 quote was received on May 24, 2022. Sir Lines-A-Lot LLC submitted a quote of $16,550.56. See attached quote form. The striping work is required to be completed by September 30, 2022. FISCAL IMPACT: The total contract to be authorized for the striping contract is $16,550.56. The project costs are funded through the City’s annual street maintenance budget. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the quotes and awarding a construction contract to Sir Lines-A-Lot, LLC in the amount of $16,550.56 for the 2022 Striping Project. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to accept the quotes and award a Construction Contract to Sir Lines-A-Lot, LLC in the amount of $16,550.56 for the 2022 Striping Project.” ATTACHMENTS: 1. Sir Lines-A-Lot, LLC Striping Quote. 2. 2022 Striping Project Location Map. CITY OF LAKE ELMO Feet 0 2500 5000 2022 STREET STRIPING MAP LEGEND 2022 STRIPING 1. LAKE JANE TRAIL 2. 47TH ST N 3. KIMBRO AVE N 4. 43RD ST N 5. OLD VILLAGE PHASE 1 6. 30TH ST N 7, 8, 9. ISLAND TRAIL 10, 11, 12. 5TH STREET N (WEST) 14, 15. HUDSON BLVD 13. 8TH ST N 16. PALMER DRIVE N 17. 5TH ST N (EAST) STAFF REPORT DATE: June 7, 2022 CONSENT AGENDA ITEM: Accept Bids and Award Contract for the Well No. 1 Abandonment and Pumphouse Demolition SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council accept bids and award a contract for the Well #1 Abandonment and Pumphouse Demolition? BACKGROUND: On May 3, 2022, the City Council approved the plans and specifications for the Well #1 Abandonment and Pumphouse Demolition and authorized staff to advertise the project for bids. The Project was advertised on QuestCDN.com and in the Stillwater Gazette in accordance with the Minnesota Competitive Bidding requirements. The project includes the sealing and abandonment of Well No.1 and the demolition of the Pumphouse located in the Old Village at the south end of Langly Court North. The well pump will be removed and the well will be sealed by a licensed contractor. The pumphouse building will be demolished and the site will be restored. The well sealing work will be coordinated with the MN-DNR to allow them the opportunity to conduct an initial sounding and downhole investigation of the well after the pump is pulled, but before any abandonment work is completed. The contract documents have been prepared to provide the MN-DNR 10 working days to complete this work after the well pump is pulled. PROPOSAL DETAILS/ANALYSIS: Bids were received and opened electronically on May 31, 2022. The City received 2 bids for this project, with Keys Well Drilling Company providing the lowest bid in the amount of $119,815.00. Contractor references for Keys Well Drilling Company were reviewed by the City’s engineering consultant for the project and a letter recommending the award of the project is attached as part of this agenda item. The City Engineer and his consultant are therefore recommending that the Council award the contract to the lowest responsible bidder, Keys Well Drilling Company, as outlined in the attached letter. FISCAL IMPACT: Approval of this resolution commits the council to enter into a construction contract for the project. The total estimated Post-bid project cost is $180,000. Total Project Costs will be paid 90% through the MPCA Grant Agreement as part of the Production Well #5 Improvements with the remaining 10% city cost share to be paid from the Water Core Fund. The current MPCA grant agreement dated July 3, 2019 (SWIFT Contract: 155932) is set to expire on June 30, 2022. Staff has requested a time extension to December 31, 2022 to allow for the completion of these final improvements. Verbal approval of the time extension was received from the MPCA on April 28, 2022. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent agenda, a resolution accepting bids and awarding a contract to Keys Well Drilling Company in the low bid amount of $119,815.00 for the Well No. 1 Abandonment and Pumphouse Demolition. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to approve Resolution No. 2022–054, accepting bids and awarding a contract to Keys Well Drilling Company in the amount of $119,815.00 for the Well No. 1 Abandonment and Pumphouse Demolition.” ATTACHMENTS: 1. Resolution Accepting Bids and Awarding a Contract for the Well No. 1 Abandonment and Pumphouse Demolition. 2. Letter of Award Recommendation and Tabulation of Bids. 3. Project Schedule. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-054 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE WELL NO. 1 ABANDONMENT AND PUMPHOUSE DEMOLITION WHEREAS, pursuant to an advertisement for bids for the Well No. 1 Abandonment and Pumphouse Demolition, 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 submittal 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, Keys Well Drilling Company, for the bid amount of $119,815.00. NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in 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 SEVENTH DAY OF JUNE, 2022. CITY OF LAKE ELMO By: __________________________________ Charles Cadenhead (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk h:\lkelmn\0n1126977\6_plans-specs\b_bid documents\126977 award ltr.docx May 31, 2022 Jack Griffin, P.E. City Engineer City of Lake Elmo 3800 Laverne Avenue N Lake Elmo, Minnesota 55042 RE: Well #1 Abandonment and Pumphouse Demolition City of Lake Elmo, MN City Project No. 2022.113 BMI Project No. 0N1.126977 Dear Mr. Griffin, Attached is the bid abstract for the project referenced above. Two bids were received at 10:00 a.m. on Tuesday, May 31, 2022. The following is a summary of the bids received: Bidder Total Bid Keys Wells Drilling Company $119,815.00 Municipal Builders, Inc. $176,837.00 We have reviewed the bids and recommend awarding this bid to Keys Wells Drilling Company in the amount of $119,815.00. Sincerely, Bolton & Menk, Inc. Michael R. Warner, P.E. Principal Engineer Enclosure 1 2 NO. ITEM UNITS QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE BASE BID 1 MOBILIZATION LS 1 $16,000.00 $16,000.00 $9,300.00 $9,300.00 2 REMOVE WELL PUMP AND MEASURE THE BOTTOM OF THE WELL LS 1 $3,500.00 $3,500.00 $3,600.00 $3,600.00 3 OBTAIN A SAMPLE OF THE MATERIAL IN THE BOTTOM OF THE BOREHOLE (BAIL)LS 1 $300.00 $300.00 $500.00 $500.00 4 FLUSH THE WELL WITH CLEAN WATER FOR 48 HOURS PRIOR TO MGS/MDH LOGGING THE WELLLS 1 $200.00 $200.00 $700.00 $700.00 5 REMOVE SAND ACCUMULATED IN THE WELL BOTTOM AS REQUIRED BY MDH LS 1 $5,000.00 $5,000.00 $1,200.00 $1,200.00 6 NEAT CEMENT GROUT (CEMENT TYPE APPROVED BY MDH) CY 75 $600.00 $45,000.00 $560.00 $42,000.00 7 WASHED SAND OR PEA ROCK TO FILL VOID SPACE OR PREVENT GROUT LOSS CY 12 $250.00 $3,000.00 $50.00 $600.00 8 NEAT CEMENT GROUT (CASED PORTION)CY 25 $600.00 $15,000.00 $560.00 $14,000.00 9 MOBILIZE CASING PERFORATION EQUIPMENT (IF REQUIRED) LS 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 10 PERFORATE 20" WELL CASING (IF REQUIRED) LF 279 $20.00 $5,580.00 $45.00 $12,555.00 11 DEMOLISH PUMPHOUSE LS 1 $5,500.00 $5,500.00 $73,431.75 $73,431.75 12 REMOVE WATERMAIN LF 75 $90.00 $6,750.00 $53.40 $4,005.00 13 REMOVE AND DISPOSE OF BITUMINOUS PAVEMENT SY 575 $5.00 $2,875.00 $5.10 $2,932.50 14 COMMON EXCAVATION (EV) (P)CY 65 $17.00 $1,105.00 $19.00 $1,235.00 15 SILT FENCE, MACHINE SLICED LF 230 $6.00 $1,380.00 $4.05 $931.50 16 TOPSOIL BORROW (LV)CY 125 $30.00 $3,750.00 $43.77 $5,471.25 17 SEED MIXTURE 25-151 & HYDRAULIC MULCH SY 575 $5.00 $2,875.00 $5.00 $2,875.00 TOTAL BASE BID $119,815.00 $176,837.00 ABSTRACT OF BIDS WELL #1 ABANDONMENT AND PUMPHOUSE DEMOLITION CITY PROJECT NO. 2022.113 CITY OF LAKE ELMO, MN BID DATE: MAY 31, 2022 AT 10:00 AM KEYS WELL DRILLING COMPANY MUNICIPAL BUILDERS, INC. PROJECT SCHEDULE CITY OF LAKE ELMO WELL #1 ABANDONMENT AND PUMPHOUSE DEMOLITION PROJECT NO. 2022.113 FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 April 2022 JULY 3, 2019 Council Approves MPCA Grant Agreement for Well 5, Pumphouse No. 5, Well 5 Watermain Extension and Well 1 Abandonment and Building Demolition. MARCH 15, 2022 Council orders preparation of Plans and Specifications. MAY 3, 2022 Council approves Plans and Specifications and orders Advertisement for Bids. MAY 31, 2022 Project Bid Date: Receive contractor bids. JUNE 7, 2022 Council accepts Bids and awards Contract. JUNE 21, 2022 Conduct Pre‐Construction Meeting and issue Notice to Proceed. August 19, 2022 Substantial Completion. September 16, 2022 Final Completion. STAFF REPORT DATE: June 7, 2022 CONSENT AGENDA ITEM: Approve Change Order No. 2 for the Whistling Valley Street and Utility Improvements SUBMITTED BY: Mark Scholle, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Marty Powers, Public Works Director Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 2 for the Whistling Valley Street and Utility Improvements? BACKGROUND: Jacon, LLC was awarded a construction contract on January 4, 2022 to complete the Whistling Valley Street and Utility Improvements. Construction work remains in progress with a substantial completion date of October 14, 2022 and final completion date of November 25, 2022. PROPOSAL DETAILS/ANALYSIS: Change Order No. 2 is being processed at the direction of the City to amend the Contract to complete work not included in the original contract documents. This change order requires the contractor to install tracer wire for all Project Water Services and Hydrants. The City recently added tracer wire install requirements with the adoption of the City Engineering Design Standards dated January 2022, for watermain pipe manufactured from plastic materials. This change order adds the tracer wire requirement to the project plans and specifications for all water services and hydrants, including tracer wire, anode rods, 3-way connectors, and all other materials and labor for a completed utility locate system. FISCAL IMPACT: This change order will increase the contract in the amount of $16,066.21 bringing the revised construction contract to $2,428,632.51. With this change order, the project remains within the authorized budget and contingencies, and MPCA Grant amount. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 2 for the Whistling Valley Street and Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 2 for the Whistling Valley Street and Utility Improvements, thereby increasing the contract amount by $16,066.21”. ATTACHMENTS: 1. Change Order No. 2. CONTRACT CHANGE ORDER FORM CHANGE ORDER NO.DATE: TO: UNIT LS Amount of Original Contract $ Sum of Additions/Deductions approved to date (CO 2)$ Contract Amount to date $ Amount of this Change Order (ADD) (DEDUCT) (NO CHANGE)$ Revised Contract Amount $ The Contract Period for Completion will be (UNCHANGED) (INCREASED) (DECREASED)days APPROVED BY ENGINEER: FOCUS Engineering, inc.APPROVED BY CONTRACTOR DATE DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA DATE DATE 0 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are modified as follows upon execution of this Change Order. BYENGINEER 2,270,606.45 158,026.06 2,428,632.51 16,066.21 2,444,698.72 INCREASE/(DECREASE) $16,066.21CO2-1 $16,066.211 JACON LLC, 3900 Labore Road, Vadnais Height, MN 55110 WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS PROJECT NO. 2021.123 2 June 7, 2022 ADD TRACER WIRE FOR ALL PROJECT SERVICES AND HYDRANTS ITEM NET CONTRACT CHANGE $16,066.21 CITY OF LAKE ELMO, MINNESOTA BYBY CHANGE ORDER DESCRIPTION / JUSTIFICATION: This change order is being processed at the direction of the City to amend the Contract to complete work not included in the contract documents. New pay items shall be added as follows: CO2-1: Install Tracer Wire for project Water Services and Hydrants. The City recently added tracer wire install requirements with the adoption of the City Engineering Design Standards dated January 2022, for watermain pipe manufactured from plastic materials. This change order adds the tracer wire requirement to the project plans and specifications for all water services and hydrants, including tracer wire, Anode Rods, 3-way connectors, and all other materials and labor for a completed utility locate system. Attachments (list documents supporting change):Revised Specification Section 3310; Detail 201; and Detail 207B; all dated January 2022 DESCRIPTION OF PAY ITEM QTY UNIT PRICE FOCUS Engineering, inc.CHANGE ORDER FORM 5/25/2022 CHANGE ORDER NO.2 WHISTLING VALLEY STREET AND UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2021.123 QUANTITY UNIT PRICE AMOUNT CO2-1 LS 1.0 $16,066.21 $16,066.21 TOTALS - CHANGE ORDER NO. 2 $16,066.21 ITEM DESCRIPTION OF PAY ITEM UNIT CHANGE ORDER ADD TRACER WIRE FOR ALL PROJECT SERVICES AND HYDRANTS CO2-1: Install Tracer Wire for project Water Services and Hydrants. The City recently added tracer wire install requirements with the adoption of the City Engineering Design Standards dated January 2022, for watermain pipe manufactured from plastic materials. This change order adds the tracer wire requirement to the project plans and specifications for all water services and hydrants, including tracer wire, Anode Rods, 3- way connectors, and all other materials and labor for a completed utility locate system. DESCRIPTION / JUSTIFICATION Lake Elmo Developer Master 3310-1 Revision date: JANUARY 2022 SECTION 3310 – WATER UTILITY DISTRIBUTION SYSTEM SCOPE: Under this Section shall be included the complete construction of watermain within street right-of-way and easements. The watermain will be laid as shown on the Plans, including all necessary excavation and backfilling. GENERAL REQUIREMENTS: 1. MATERIALS TO BE FURNISHED. All materials required for the complete construction of the specified Work shall be furnished by the Contractor and all materials shall be new, of first grade and shall be products of reputable manufacturers known to the trade. Prior to ordering watermain and appurtenances, the Contractor shall submit for review drawings on gate valves, valve boxes, hydrants, corporation stops, curb stops, curb boxes, and all other watermain appurtenances in order that verification can be made that the supplied materials are compatible to those specified or the approved equals. All of the Standards and Specifications of the American Society for Testing and Materials (ASTM), the American National Standard Institute (ANSI) and all other similar societies and associations for testing, materials, dimensions, methods of construction, etc., are intended in all cases to refer to and should be understood to mean the latest revisions thereto at the time Work is bid unless definitely specified otherwise in the Special Provisions. PRODUCTS: 1. WATERMAIN. Watermain pipe shall be of the kind, size, and class indicated for each particular line segment as shown on the Plans. When PVC pipe is specified, metallic tracer wire, #12 AWG THWN, shall be furnished and installed throughout the pipe length, buried directly underneath the pipe. Joints shall be push-on type except that mechanical joints shall be used at all valves, fittings, and hydrants. Fittings shall be ductile iron, bolts and nuts shall be Cor-Blue T-Bolts with matching nuts. The DIP push-on joints will be electrically bonded with an external copper jumper or specially designed gaskets which are capable of meeting these Specifications and as approved by the Engineer. Wedge type connectors will not be allowed. Conductivity through the mechanical joints may be accomplished with armor-tip gaskets in place of an external copper jumper if so approved by the Engineer. 2. FLEXIBLE JOINT PIPE shall meet all applicable requirements of AWWA C151. 3. COPPER TUBING. Copper tubing shall be Type K water tube, conforming to ASTM B88. 4. HYDRANTS. Hydrants shall be mechanical joint Waterous Company Pacer, Model WB-67, or approved equal and shall conform to AWWA Specifications C502. The hydrants shall be furnished for 8’-6” bury (for watermain with 7-1/2 feet of cover) or 9’-0” bury (for watermain with eight feet of cover) with heavy duty operating rod. Six inch or 12 inch extensions will be added as required to match existing ground. The hydrants shall have two 2-1/2 inch hose connections (thread size 3-2/32 inch O.D., 7-1/2 T.P.I.) and one 4-inch Storz Nozzle with pentagon nut end cap. Threads shall be National Standard. The cap nuts shall be pentagon, 1-1/2 inch point to flat, counter clockwise opening. The hydrants shall be furnished with a 16 inch traffic section (24 inches from ground line to centerline of nozzle). Valve opening shall be 5- 1/4 inch. Lake Elmo Developer Master 3310-2 Revision date: JANUARY 2022 Hydrants shall be painted one coat of red primer paint and two finish coats of an approved paint of red color. Hydrants shall be touched up at the end of construction. Each hydrant shall be furnished with a flex stake, FH 800 Series, to be mounted on the top flange of the hydrant. Drain holes shall be plugged when placed below the water table. A tag shall be attached to the hydrant stating “Drain Holes Plugged” and the hydrant pumper nozzle shall be painted per the Standard Plates. One extra new six-inch hydrant extension shall be provided per Project, as directed by the Engineer. One extra hydrant flex stake shall be provided for each ten hydrants; minimum one per Project. One hydrant Storz wrench or repair kit shall be provided per Project. 5. VALVES. Gate valves shall be resilient wedge American Flow Control Series 2500, or approved equal, with mechanical joints, meeting AWWA Specification C515. All bolts shall be stainless steel. All gate valves shall be left in the open position except as directed by the Engineer. Valves shall have “O-Ring” construction and be designed for 250 psi working pressure. Valves larger than 12 inches in size shall be butterfly valves, equal to Mueller Lineseal III, meeting AWWA Specification C504. All bolts shall be stainless steel. One twelve-foot gate valve key shall be provided per Project, as directed by the Engineer. 6. VALVE BOXES. Valve boxes shall be Tyler G-Box 6860, or approved equal, and furnished with VB2600 drop lid marked water. Valve boxes shall be designed for 7’-6” depth of cover over watermain (minimum). 7. GATE VALVE ADAPTORS shall be 1/4 inch steel with protective coating manufactured by Adaptor, Inc., or approved equal. 8. CORPORATION STOPS. Corporation stops shall be A.Y. McDonald 74701B, or approved equal for one inch and two inch diameter copper tubing. 9. TAPPING SLEEVES. Tapping sleeves shall be used for all watermain wet tap connections. Sleeves shall be all stainless steel with a stainless steel flange and mechanical joint outlet, Smith-Blair 663 or approved equal. 10. TAPPING SADDLES. Double studded tapping saddles shall be used for all corporation connections to PVC and HDPE watermains. Saddles shall be stainless steel of the wraparound kind with rubber gasket, Smith- Blair 372 or approved equal. 11. CURB STOPS. Curb stops shall be A.Y. McDonald 76104, or equal, Minneapolis thread and pattern, with inlet and outlet each one inch or two inches in diameter for flared connections. 12. CURB BOXES. Curb boxes shall be A.Y. McDonald 5614, or equal, with rods and with Minneapolis top, for one inch and two inch size. Boxes shall be 7’-0” - 8’-0” adjustable. 13. CURB BOX CASTING. Neenah R-1914-A with “WATER” stamped on lid. 14. POLYETHYLENE ENCASEMENT. Polyethylene encasement material shall conform to the requirements of AWWA C-105 for tube type installation and 8 mil nominal film thickness. 15. TRACER WIRE. Tracer wire shall be installed with all PVC and HDPE watermain. Wire connectors shall be lockable and specifically manufactured for use in underground tracer wire installation. Connectors shall be dielectric silicon filled to seal out moisture and corrosion, and shall be installed in a manner so as to prevent any uninsulated wire exposure. Non-locking friction fit, twist on or taped connectors are prohibited. A. Open-Trench Installation. Tracer wire for open-trench installation shall be 12 AWG solid, PRO-TRACE HF-CCS PE45 as manufactured by Pro-Line Safety Products, or approved equal. Lake Elmo Developer Master 3310-3 Revision date: JANUARY 2022 B. Horizontal Directional Drill Installation. Tracer Wire for horizontal directional drilling shall be 7x7 Stranded Copper-clad Steel with a break load of 4700 lbs. as manufactured by Copperhead Industries or approved equal. 16. TRACER WIRE CONNECTORS. Wire connectors shall be lockable and specifically manufactured for use in underground tracer wire installation. Connectors shall be dielectric silicon filled to seal out moisture and corrosion, and shall be installed in a manner so as to prevent any uninsulated wire exposure. Non-locking friction fit, twist on or taped connectors are prohibited. 17. HYDRANT TRACER WIRE ACCESS BOX. Tracer wire shall be connected to hydrants with an above ground tracer wire access box per City Detail 201 (Copperhead #T2R-FLPKG-5/8 or approved equal.) 18. NON-ROADWAY TRACE WIRE ACCESS BOX. Grade level/in-ground access box shall meet Copperhead Industries, LLC SnakePit Test Station or approved equal. All tracer wire access boxes must include a manually interruptible conductive/connective link between the terminal for the tracer wire connection and the terminal for the grounding anode wire connection. 19. TRACER WIRE GROUNDING ROD. Tracer wire grounding rod shall be a drive-in magnesium anode rod with a high density polyethylene cap and connected to approved tracer wire access boxes. 20. PIPE INSULATION. Insulation shall be extruded rigid board material having a thermal conductivity of 0.23 BTU/hour/square foot/degree Fahrenheit/per inch thickness, maximum at 40oF mean, a compressive strength of 35 psi minimum, and water absorption of 0.25 percent by volume minimum. Board dimensions shall be measured 8 feet long, 2 or 4 feet wide, and 2 inches thick. EXECUTION: 1. DEPTH. Watermain shall be laid to such depth as indicated on the plans. The depth shall be measured from top of the pipe vertically to the finished grade of the street or the ditch line. The minimum depth shall be 7-1/2 feet for all watermain. 2. REACTION BACKING. Reaction backing shall be provided at all watermain fittings and at hydrants in accordance with the Standard Details. In any instance where the Engineer determines that solid backing against undisturbed earth is not obtainable for fittings or hydrants, the Contractor shall use steel tie rods or mechanical joint retainer glands as directed by the Engineer. Valves on branch lines or on hydrant leads shall in all cases be tied to an adjacent tee or cross fitting or back one full length of pipe. 3. WATER SERVICES. All services shall be tapped with the watermain under working pressure. Curb boxes shall be installed fully extended with tops extending six inches above finished grade. Casting to be installed when curb stop is located in a hard surface. 4. ALIGNING AND FITTING OF PIPE. Alignment and fitting of the pipe shall conform to the following AWWA table: Lake Elmo Developer Master 3310-4 Revision date: JANUARY 2022 AWWA C-600 TABLE FOR MAXIMUM DEFLECTION FOR DUCTILE IRON WATER PIPE Nominal Push-On Joints, Mechanical Joints, Pipe Deflection- Deflection- Diameter Inches/Length Inches/Length 6 18 20 16 18 20 6 17 19 21 24 27 -- 8 17 19 21 18 20 -- 10 17 19 21 18 20 -- 12 17 19 21 18 20 22 5. TRENCH PREPARATION. Trench Preparation shall be completed in accordance with Section 3123 of these Specifications. 6. VALVE BOXES. The Contractor shall be responsible for keeping all new and existing valve boxes clean and free of dirt at all times. The Contractor shall adjust all castings located within the street section including existing castings. Adjustments shall be as follows: Valve Boxes: .04 feet below finished grade Valve boxes located in the bituminous section shall be coated with a material which allows removal of bituminous material applied to the casting lid. Valve boxes shall have a wooden cut-out or other approved material placed over the structure during the paving operation. The cut-out shall allow pavement to be placed around the structure causing a uniform lip after rolling conforming to the information given above. The top of the castings shall be adjusted to the finished elevation just prior to paving. Upon completion of compacting bituminous pavement, all valve box covers shall be removed and surfaces and casting lips cleaned of all bituminous materials. Interim adjustment of castings to the surface will be required to allow for access during lengthy periods of work suspension. Cuts in the bituminous pavement resulting from interim adjustments shall be restored with a minimum compacted thickness of three inches of bituminous mixture. In conjunction with final adjustments, patches from interim adjustments shall be removed in their entirety and the roadway structure restored to the plan thicknesses. 7. CONNECTIONS TO EXISTING UTILITIES. Connections between existing and new watermains shall be as directed by the Engineer. A. The Contractor shall arrange his Work for a minimum number of shutdowns to the existing water service and shall schedule the shutdowns so that all present water customers will have water service from 6 a.m. to 9 a.m. and from 2 p.m. to 9 p.m. every day. When this is not possible, temporary service supplies may be ordered by the Engineer and shall be furnished and installed by the Contractor. Water service interruptions must have prior approval by the Engineer. B. The Contractor will be required to schedule shutdown of the watermain with the City 48 hours in advance of interruption of water service. Lake Elmo Developer Master 3310-5 Revision date: JANUARY 2022 C. The Contractor will notify residents affected by shutdown in writing 24 hours in advance. Notice will inform residents what day and expected times water will be off. Notice is not required for emergency situations. D. All Fittings and Piping used for making connection shall be thoroughly cleaned using a solution of chlorine mixed with water. E. Loading and flushing of watermain is allowed between the hours of 9 a.m. and 2 p.m., Monday through Thursday. 8. SEPARATION OF WATERMAINS AND SEWERS. A. Parallel Installation. Watermains shall be laid at least 10 feet horizontally from any existing or proposed sewer. The distance shall be measured edge to edge. In cases where it is not practical to maintain a 10-foot separation, the reviewing authority may allow deviation on a case by case basis, if supported by data from the design Engineer. Such deviation may allow installation of the watermain closer to a sewer, provided that the watermain is laid in a separate trench or on an undisturbed earth shelf located on one side of the sewer at such an elevation that the bottom of the watermain is at least 18 inches above the top of the sewer. B. Crossings. Watermains crossing sewers shall be laid to provide a minimum vertical distance of 18 inches between the outside of the watermain and the outside of the sewer. This shall be the case where the watermain is either above or below the sewer. At crossings, one full length of water pipe shall be located so both joints will be as far from the sewer as possible. In addition, if the sanitary sewer crosses over the watermain, the pipes shall be centered at the crossing so that the joints will be equidistant and as far from the crossing as possible. Special structural support for the water and sewer pipes may be required. C. Exception. Where sewers are being installed and the above requirements cannot be met, the sewer materials shall be watermain pipe or equivalent and shall be pressure tested to ensure water tightness. D. Forcemains. There shall be at least a 10-foot horizontal separation between watermains and sanitary sewer forcemains. There shall be an 18-inch vertical separation at crossings as required above. 9. TRACER WIRE SYSTEM: Tracer wire shall be installed with all PVC and HDPE watermain (including all services on these mains.) Tracer wire to be grounded at all dead ends and services by use of a drive-in magnesium grounding anode rod which shall be installed in a direction 180 degrees opposite of the tracer wire. Tracer wire shall be connected to hydrants with an above ground tracer wire access box per City Standard Detail 201. Grade level/in-ground access box to be connected at each water service per City Standard Detail 207B. An extra 2’-0” of tracer wire shall be furnished above ground at each curb stop for future connection by others. 10. METHODS OF CHLORINATION (AWWA C651). Chlorination shall be performed in accordance with AWWA C651. 11. PRESSURE TEST. A hydrostatic pressure of not less than 150 pounds per square inch (psi) shall be held for a minimum duration of two hours. 12. BACTERIOLOGICAL TEST. After final flushing and before the new (or repaired) main is connected to the distribution system, two consecutive sets of acceptable samples, taken 24 hours apart, shall be collected from the new main. One set of samples every 1200 ft of new main, one set from the end of the line, and one set from each branch. All testing must be in compliance with AWWA C651. Lake Elmo Developer Master 3310-6 Revision date: JANUARY 2022 13. TRACER WIRE CONTINUITY TEST. Prior to issuance of any building permits, the Contractor shall furnish a locator and using a low voltage circuit, test the entire trace wire system in the presence of the Engineer. The test shall consist of a continuous above ground trace of the piping and appurtenances installed to within 2 feet of installed locations. All areas failing the location test shall be corrected at the Contractor’s expense. 14. WATERMAIN STUBS. The end of any watermain stub shall be marked with a treated four inch by four-inch hardwood post with metal spike. The post should be placed in the ground deep enough to withstand normal construction traffic, but extend one inch to two inches above the ground with the top painted blue. A six-foot T-shaped metal fence post shall be tied to the 4-inch by 4-inch hardwood post, painted blue and extended 48 inches above finished grade. All dead end watermain stubs shall have tracer wire run along the stub. The end of the tracer wire shall be stripped and securely attached to the DIP plug with a bolt and nut. 15. POLYETHYLENE ENCASEMENT. All pipe, valves, fittings, hydrants, and appurtenances shall be fully encased in polyethylene film in accordance with the latest version of the Standard Utility Specification for Watermain and Service Installation and Sanitary and Storm Sewer Installation published by the City Engineer’s Association of Minnesota. 16. WATERMAIN MARKER A. A Steel Post, “T-shaped” style, painted blue shall be placed by each curb box. The post must extend 48 inches above surrounding ground. B. The Above-Referenced Steel Posts shall be placed by all valve boxes in off-road areas, except for hydrant valves. C. TriView Test Station Marker, as manufactured by Rhino shall be placed by all gate valves located in green areas. Markers shall be installed per the manufacturer’s recommendations. END OF SECTION 201 STANDARD DRAWING NO. LAKE ELMO CITY OF LAKE ELMO JANUARY 2022 STAFF REPORT DATE: June 7, 2022 CONSENT AGENDA ITEM: Approve Water Transfer Agreement with the Whistling Valley Third Addition Homeowners Association SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney Marty Powers, Public Works Director Sam Magureanu, Finance Director Chad Isakson, Assistance City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve the Water Transfer Agreement with the Whistling Valley Third Addition Homeowners Association (HOA? BACKGROUND: On January 4, 2022 the city awarded a construction contract with Jacon, LLC for the Whistling Valley Street and Utility Improvements. The construction work is currently in progress with a substantial completion date of October 14, 2022 and final completion date of November 25, 2022. The project is extending public watermain from 10th Street North into the neighborhood along 10th Street Lane, Whistling Valley Road, and Whistling Valley Trail to provide public water service to each of the 37 platted properties, and the project design includes the connection of public watermain to the private Third Addition HOA owned watermain that provides water service to the remaining 5 properties. PROPOSAL DETAILS/ANALYSIS: In order to facilitate the connection of public watermain to the private HOA owned watermain, the City Attorney has prepared a Water Transfer Agreement to provide for the legal transfer of the private owned water system to city ownership and maintenance. As part of the Agreement, the city will decommission the remaining Association owned water system components that are not conveyed to the city, including the shared water supply well and pumphouse. FISCAL IMPACT: No additional fiscal impact. All improvements and obligations of the City in the Water Transfer Agreement are part of the work scope in the Whistling Valley Street and Utility Improvements and/or Private Water Service Improvements to be reimbursed through the grant from the MPCA under the 2018 3M Settlement. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent agenda, the Water Transfer Agreement with the Whistling Valley Third Addition Homeowners Association, thereby authorizing the Mayor and City Clerk to sign the Agreement. If removed from the consent agenda, the recommended motions for these actions are as follows: “Move to approve the Water Transfer Agreement with the Whistling Valley Third Addition Homeowners Association, thereby authorizing the Mayor and City Clerk to sign the Agreement.” ATTACHMENTS: 1. Whistling Valley Third Addition Water Transfer Agreement. LA515-1-798678.v8 WATER SYSTEM TRANSFER AGREEMENT This Water System Transfer Agreement (this “Agreement”) is made this ___ day of _____________, 2022 (the “Effective Date”) by and between the City of Lake Elmo, a Minnesota municipal corporation (the “City”) and the Whistling Valley Third Addition Homeowners Association, a Minnesota nonprofit corporation (the “Association”). Recitals WHEREAS, the Association is the fee owner of the real property legally described as follows: Outlot A, Whistling Valley 3rd Addition, Washington County, Minnesota. (the “Property”); and WHEREAS, there is a communal well located on the Property which consists of a shared water supply system that provides water service to all of the lots within the Association (Lots 1 and 2, all in Block 1; Lot 1, Block 2; Lot 1, Block 3, and the combined Lot 2 and Lot 3, Block 3); and WHEREAS, the shared water supply system consists of the communal well, well house, watermain distribution pipes to each developed lot, and all related water supply system appurtenances and replacements (the “Association Water System”); and WHEREAS, per the Declaration of Whistling Valley 3rd Addition Washington County, Minnesota, dated July 25, 2012, recorded in the office of the County Recorder on August 3, 2012 as Document No. 390007 (the “Declaration”), the Association is the owner of the Association Water System and is responsible for its operations, maintenance, and repair; and WHEREAS, the City is undertaking City Project No. 2020.123 which involves the installation of City water main within the Whistling Valley neighborhood (the “Project”); and LA515-1-798678.v8 WHEREAS, the Association has requested that the City connect the Association Water System to the City water system; and WHEREAS, the City has agreed to connect the Association Water System to the City water system; and NOW, THEREFORE, on the basis of the mutual covenants and agreements hereinafter provided, it is hereby agreed by and between the parties hereto as follows: 1. The foregoing recitals are incorporated into and made a part of this Agreement. 2. The Association hereby grants permission to the City to connect the City water system to the Association’s watermain distribution pipe and to disconnect the Association’s communal well and appurtenances from the Association’s watermain distribution pipe, all in accordance with the plans set forth in the attached Exhibit A. 3. The Association acknowledges and agrees as part of the Project, that all of the homes that are currently connected to the Association’s communal well will be disconnected from the communal well when they are connected to the City water system. 4. The Association hereby conveys all of the Association Water System components that are located in the public right-of-way and depicted in green, grey and red (watermain pipe and individual home water service pipe) on the attached Exhibit A to the City. The City shall be the owner of these components and be responsible for operating and maintaining them or abandoning them in place. 5. The Association shall continue to own, operate, and maintain the remaining Association Water System components not conveyed to the City and located on the Property, including any watermain pipe, valves, communal well, wellhouse and all other associated appurtenances as located on the Property. 6. The City shall decommission the remaining Association Water System components not conveyed to the City, including pipe abandonment, sealing the communal well, and demolishing the wellhouse (the “Decommissioning Work”). The Decommissioning Work shall be completed to the minimum extent required by City and State regulations and will not include any work needed to repurpose the Property. The Decommissioning Work shall be completed at the City’s expense. 7. The individual property owners who connect to the City water system (Lot 1 and 2, Block 1, Lot 1, Block 2, Lot 1, Block 3, and the combined Lot 2 and 3, Block 3) shall be responsible for the water supply lines that run from the curb stop to the home. 8. The Association hereby grants the City, its employees and contractors a temporary construction easement over all of the Property for the purposes of performing the Decommissioning Work. Said temporary construction easement shall be effective on the Effective Date and shall remain in effect until the Decommissioning Work is completed by the City. LA515-1-798678.v8 9. This Agreement shall be recorded with the property records of Washington County, Minnesota. The terms and conditions of this Agreement shall run with the land and be binding on the Association and the individual lot owners and their successors and assigns. LA515-1-798678.v8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above. WHISTLING VALLEY THIRD ADDITION HOMEOWNERS ASSOCIATION By:____________________________________ Its:____________________________________ STATE OF MINNESOTA COUNTY OF WASHINGTON } ss. The foregoing instrument was acknowledged before me this ______ day of _______________________, 2022 by ______________________________, the _____________________________ of the Whistling Valley Homeowners Association, a Minnesota nonprofit corporation, by and on behalf of the nonprofit corporation. Notary Public LA515-1-798678.v8 CITY OF LAKE ELMO By: Charles Cadenhead Its: Mayor By: Julie Johnson Its: City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON } ss. The foregoing instrument was acknowledged before me this ______ day of _______________________, 2022 by Charles Cadenhead and Julie Johnson, the Mayor and City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation, by and on behalf of the City. Notary Public This instrument was drafted by: Kennedy & Graven, Chartered (SJS) Fifth Street Towers 150 S. Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 LA515-1-798678.v8 EXHIBIT A Plans STAFF REPORT DATE: June 7th, 2022 CONSENT AGENDA ITEM: Award Contracts for the 2022 Trail Seal Coat Project SUBMITTED BY: Marty Powers, Public Works Director REVIEWED BY: Kristina Handt, City Administrator Adam Swanepoel, Assistant Public Works Director ISSUE BEFORE COUNCIL: Should the City Council award a construction contract for the 2022 Trail Seal Coat Project? BACKGROUND: In accordance with the city’s trail maintenance program, certain trails have been scheduled to be seal coated in 2022. See attached Location Map. These trails were crack filled in 2021 in preparation for seal coating. Seal coating helps protect the pavement surface from sun and water, preventing water from entering the base material. PROPOSAL DETAILS/ANALYSIS: Quotes for seal coating the trails were solicited from 4 qualified contractors and 2 quotes were received on May 31st, 2022. Pearson Brothers Inc. submitted the lowest quote of $51,210.32. See attached tabulations for a breakdown of the quotes received. The seal coat work is required to be completed by August 31st, 2022. FISCAL IMPACT: The 2022 Trail Seal Coat project cost will not exceed the $65,000 that was included in the 2022 Parks CIP Operating Budget. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the quotes and awarding a construction contract to Pearson Brothers Inc, in the amount of $51,210.32 for the 2022 Trail Seal Coat Project. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to accept the quotes and award a Construction Contract to Pearson Brothers Inc. in the amount of $51,210.32 for the 2022 Trail Seal Coat Project.” ATTACHMENTS: 1. Tabulation of Trail Seal Coat Quotes. 2. 2022 Seal Coat Project Construction Contract. 3. Trail Seal Coat Map Tabulation of Bids 2022 Trail Seal Coat Project City of Lake Elmo, Minnesota Bids Received By: May 31st, 1pm DESCRIPTION QUANTITY UNIT ALLIED FARHNER Unit Price Total Amount Unit Price Total Amount SEAL COAT CRS-2P EMULLISFIED ASPHALT DILUTED 30% @ 0.12- 0.13 GPY 67382 SY 0.80$ 53,905.60$ No Bid No Bid PEARSON BROS, INC. ASTECH Unit Price Total Amount Unit Price Total Amount 0.76$ 51,210.32$ No Bid No Bid Project 2022 Trail Seal Coat General Conditions for 2022 Trail Seal Coat Project Page 1 of 2 State of Minnesota Washington County CONSTRUCTION CONTRACT FOR THE 2022 TRAIL SEAL COAT PROJECT LAKE ELMO, MINNESOTA This Contract, made this ___7th_ day of __June___ 2022, by the City of Lake Elmo, Minnesota (herinafter called the “Owner”) and __Pearson Brothers Inc.__ (hereinafter called the “Contractor”). WITNESSETH that the parties hereto agree as follows: The Contractor shall provide all labor, services, materials, equipment and machinery, transportation, tools, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals, including profit and overhead, necessary for the performance, testing, start-up, and completion of the work as described herein: IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written. (Contractor) (City of Lake Elmo) DESCRIPTION OF WORK: The Contractor shall place signage, sweep clean, and seal coat the trails shown on the attached Location Map dated May, 2021 for Lake Elmo. The work shall be completed per the applicable MnDOT Standard Specifications for Construction (2018 Edition) and in accordance with the specifications and special provisions outlined within this Construction Contract. The Contractor shall provide all necessary traffic control in accordance with the MMUTCD. Bituminous material shall be MnDOT 2356, CRS-2P Emulsified Asphalt diluted 30% All work shall be in accordance with MnDOT “Standard Specifications for Construction”, Section 2356. In addition, the following requirements shall apply: Cleaning and sweeping of the streets prior to the seal coating shall be done by the Contractor. Existing ADA truncated domes shall be protected before seal coating. Following the seal coating process, the Contractor shall remove the ADA truncated dome protection. The Contractor shall be responsible for signing or otherwise preventing trailer users from using the trails on the day of seal coating. Any areas which cannot be sealed due to the unknowns shall be touched up by the Contractor after the obstruction can be moved. No additional compensation will be given. The bituminous seal coating material application rates shall be: A. Emulsified Asphalt to be applied at 0.12-0.13 gallons per square yard. B. Application rates may be varied by the City Observer in the field as different surface conditions are encountered. C. Load tickets from the refinery and weight tickets shall be furnished to the City Observer All seal coat work shall carry a one-year warranty period against any loss of adhesion. The Contractor will be paid per Square Yard for work completed in accordance with the Construction Contract. All work shall be completed within the specified time frame and under the terms and conditions provided within this Construction Contract, and in accordance with the “General Conditions” shown in this contract. The contractor shall complete the proposed work by August 31, 2022. The Owner will make payment for the whole contract upon acceptance by the Owner of all work required hereunder and in compliance with all the terms and conditions of this contract. TOTAL AMOUNT (INSERT FROM QUOTE FORM): ___$51,210.32__ Project 2022 Trail Seal Coat General Conditions for 2022 Trail Seal Coat Project Page 2 of 2 GENERAL CONDITIONS I. CHANGES IN WORK. - The Owner may at any time, make changes in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a “Contract Change Order”. No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner and the price therefore stated in the order. II. INSPECTION OF WORK. - All materials and workmanship will be subject to inspection, examination, and test, by the Owner, who will have the right to reject defective material and workmanship or require its correction. III. COMPLETION OF WORK. - If the Contractor refuses or fails to complete the work within the time specified in this contract, or any extension thereof, the Owner may terminate the Contractor’s rights to proceed. In such event the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefore. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor’s control and without Contractor’s fault or negligence. IV. RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS. - Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material-person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI. NOTICES AND APPROVAL IN WRITING. - Any notice, consent, or other act to be given or done hereunder will be valid only if in writing. VII. CLEANING UP. - The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials. VIII. WARRANTY. - Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. If within one year after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. IX. INDEMNIFICATION. - Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract. X. WORKERS’ COMPENSATION INSURANCE. - Contractor shall provide a certificate of insurance showing evidence of workers’ compensation coverage or provide evidence of qualification as a self-insurer of workers’ compensation. XI. LIABILITY INSURANCE REQUIREMENTS. – A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work. The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000. The CGL insurance shall cover liability arising from premises, operations, independent contractors, subcontractors, products-completed operations, personal injury and advertising injury, and contractually-assumed liability. The City shall be named as an additional insured under the CGL. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a limit of not less than $1,000,000 each accident and an aggregate limit of not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned autos. STAFF REPORT DATE: June 7, 2022 ASSESSMENT HEARING AGENDA ITEM: Adopt Final Assessment Roll for the Tapestry Sanitary Sewer Extension. Assessment. SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney Sam Magureanu, Finance Director Marty Powers, Public Works Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: The City Council is asked to hold the final assessment hearing. Following the hearing, should the City Council adopt the final assessment roll for the Tapestry Sanitary Sewer Extension? BACKGROUND: The Tapestry Sanitary Sewer Extension project extends municipal sanitary sewer service to replace the use of the private HOA community wastewater treatment system for the 65 residential properties in the subdivision. The project includes a new city-owned lift station and approximately 2,400 feet of sanitary sewer forcemain. The proposed forcemain will extend and connect to the existing 10-inch gravity sewer system located in the adjacent Hamlet on Sunfish Lake neighborhood. The project was ordered by the City Council on November 16, 2021 in response to a petition by 56 of the 65 property owners located in the neighborhood and following a public improvement hearing held on the proposed project. The proposed improvements being assessed do not include the decommissioning of the HOA community wastewater treatment system, nor does it include the City assuming ownership and maintenance of the HOA private sanitary sewer collection system at this time. PROPOSAL DETAILS/ANALYSIS: On May 17, 2022, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the Tapestry Sanitary Sewer Extension to be held on June 7, 2022. Mailed notice was provided to each assessed property and notice of the public hearing was published in the local paper. Special assessments are levied in accordance with Minnesota Statutes Chapter 429 and consistent with the City’s Special Assessment Policy. The attached final assessment roll details the proposed assessment for each parcel. The Final Assessment Roll must be certified to the County Auditor by November 15, 2022. FISCAL IMPACT: Consistent with the recommendations and findings outlined in the feasibility report, the sanitary sewer improvements and city connection fees are proposed to be assessed to the benefitting properties. The total post-bid estimated project cost is $1,547,000, including $1,163,500 for the proposed sanitary sewer improvements, $260,000 in City connection fees, $123,500 in City oversize cost recovery fees, and $26,000 in City cost contributions for lift station/forcemain oversizing. This results in $1,521,000 in assessable project costs. The proposed final assessment to each of the 65 residential properties is therefore $23,400. Sanitary sewer assessments will be payable over 20-year years at an interest rate of 4.75%. RECOMMENDATION: Staff is recommending that the City Council approve a resolution adopting the Final Assessment Roll for the Tapestry Sanitary Sewer Extension. The recommended motion for this action is as follows: “Move to approve Resolution No. 2022-055, Adopting the Final Assessment Roll for the Tapestry Sanitary Sewer Extension.” ATTACHMENTS: 1. Resolution Adopting the Final Assessment Roll for the Tapestry Sanitary Sewer Extension. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-055 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE TAPESTRY SANITARY SEWER EXTENSION 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 Tapestry Sanitary Sewer Extension improvements consisting of the extension of municipal sanitary sewer service to replace the use of the private HOA community wastewater treatment system for the 65 residential properties in the subdivision. NOW, THEREFORE, BE IT RESOLVED, 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 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 20 years, the first of the installments to be payable on or before the first Monday in January, 2023 and shall bear interest at the rate of 4.75 percent per annum from the adoption date of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2022. 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 entire assessment on such property, with 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. A property owner may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended 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 ELMO CITY COUNCIL ON THE SEVENTH DAY OF JUNE, 2022. CITY OF LAKE ELMO By: __________________________ Charles Cadenhead (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT TAPESTRY SANITARY SEWER EXTENSION Notice is hereby given that the City Council of Lake Elmo will conduct a public hearing on Tuesday, June 7, 2022 at, or approximately after, 7:00 P.M. to consider, and possibly adopt, the proposed assessment against abutting properties for the Tapestry Sanitary Sewer Extension improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: The area proposed to be assessed for these improvements include each of the 65 residential properties connected to the existing Tapestry at Charlottes Grove HOA sewer conveyance and community wastewater treatment system. The improvements include the extension of municipal sanitary sewer to the Tapestry at Charlottes Grove subdivision. A city owned lift station and forcemain conveyance system will be constructed to replace the community wastewater treatment system by receiving the subdivisions sewer discharge and directing the wastewater to the public sewer system. You may at any time prior to certification of the assessment to the county auditor on November 15, 2022, pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk prior to July 7, 2022. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 (for the assessment to be certified to County Auditor) or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.75 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable on or before the first Monday in January 2023 and will bear interest at the rate of 4.75 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2022. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed sanitary sewer assessment is $23,400. The total project costs for the sanitary sewer improvements is $1,547,000. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council is authorized in its discretion to defer the payment of an assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s military orders, for whom it would be a hardship to make the payments. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: May 17, 2022 BY ORDER OF THE LAKE ELMO CITY COUNCIL Charles Cadenhead, Mayor (Published in the Stillwater Gazette on May 20, 2022) CITY OF LAKE ELMO, MN. JUNE, 2022 TAPESTRY SANITARY SEWER EXTENSION FINAL ASSESSMENT ROLL PAGE 1 of 1 NO. NAME PID SANITARY SEWER ASSESSMENT 1 CARNEY CHAD M & KATIE L CARNEY 9906 TAPESTRY RD 9906 TAPESTRY RD LAKE ELMO MN 55042 1002921410013 $23,400 2 NIGHTINGALE MICHAEL & PAM S 9954 TAPESTRY RD 9954 TAPESTRY RD LAKE ELMO MN 55042 1002921410014 $23,400 3 METZGER GREGORY J & ANJA K 9986 TAPESTRY RD 9986 TAPESTRY RD LAKE ELMO MN 55042 1002921410015 $23,400 4 JESSE W & PAMELA M HARTLEY LIVING TRS 10010 TAPESTRY RD 10010 TAPESTRY RD LAKE ELMO MN 55042 1102921320006 $23,400 5 LESTER JOHN & LINDSAY FAHRNER TRS 10024 TAPESTRY RD 10024 TAPESTRY RD LAKE ELMO MN 55042 1102921320007 $23,400 6 ZIMICK CHRISTOPHER T & MEAGEN A ZIMICK 10042 TAPESTRY RD 10042 TAPESTRY RD LAKE ELMO MN 55042 1102921320008 $23,400 7 COX TRACI & NATHAN 10064 TAPESTRY RD 10064 TAPESTRY RD LAKE ELMO MN 55042 1102921320009 $23,400 8 SQUIRES JEREMY T & EDITE V 10080 TAPESTRY RD 10080 TAPESTRY RD LAKE ELMO MN 55042 1102921320010 $23,400 9 OSTEN DAVID W & CATHERINE H 9901 TAPESTRY GRV 9901 TAPESTRY GRV LAKE ELMO MN 55042 1002921410026 $23,400 10 HACKLEY ROBERT & SUZANNE LAJOIE 9915 TAPESTRY GRV 9915 TAPESTRY GRV LAKE ELMO MN 55042 1002921410025 $23,400 11 CARLSON NEAL J 9927 TAPESTRY GRV 9927 TAPESTRY GRV LAKE ELMO MN 55042 1002921410024 $23,400 12 HATHAWAY CHARLES D & KATHLEEN C BERNARD 9949 TAPESTRY GRV 9949 TAPESTRY GRV LAKE ELMO MN 55042 1002921410023 $23,400 13 WANAT MATT & ERIN 9971 TAPESTRY GRV 9971 TAPESTRY GRV LAKE ELMO MN 55042 1002921410022 $23,400 14 SMITHBERG JON & CHRISTINE 9997 TAPESTRY GRV 9997 TAPESTRY GRV LAKE ELMO MN 55042 1002921410021 $23,400 15 HOLMGREN LEAH M 10029 TAPESTRY GRV 10029 TAPESTRY GRV LAKE ELMO MN 55042 1102921320030 $23,400 16 BILOT DANIEL A 10114 TAPESTRY BND 10114 TAPESTRY BND LAKE ELMO MN 55042 1102921320023 $23,400 17 JOHNSON NICOLE & JOSHUA GILES 10118 TAPESTRY BND 10118 TAPESTRY BND LAKE ELMO MN 55042 1102921320024 $23,400 18 HAUGEN JONATHAN K & ALYSSA A 10138 TAPESTRY BND 10138 TAPESTRY BND LAKE ELMO MN 55042 1102921320025 $23,400 19 SULLIVAN PETER W & WENDY A 10150 TAPESTRY BND 10150 TAPESTRY BND LAKE ELMO MN 55042 1102921320026 $23,400 20 JOHNSON JEFFREY J & AMANDA S 10168 TAPESTRY BND 10168 TAPESTRY BND LAKE ELMO MN 55042 1102921320027 $23,400 21 RED DENIM FAMILY TRS 10220 TAPESTRY BND PO BOX 25066 WOODBURY MN 55125 1102921320028 $23,400 22 FOSTER SCOTT E & BONITA M 10278 TAPESTRY BND 10278 TAPESTRY BND LAKE ELMO MN 55042 1102921320011 $23,400 23 MARLENE E DYER & JEREMY J DYER TRS 10316 TAPESTRY BND 10316 TAPESTRY BND LAKE ELMO MN 55042 1102921320012 $23,400 24 FRY GREG & KRISTIN 10342 TAPESTRY BND 10342 TAPESTRY BND LAKE ELMO MN 55042 1102921320013 $23,400 25 SUZANNE SILLERS SCHWARTZ REV TRS 10356 TAPESTRY BND 10356 TAPESTRY BND LAKE ELMO MN 55042 1102921320014 $23,400 26 FISHBECK JAMIE & DOREEN 10368 TAPESTRY BND 10368 TAPESTRY BND LAKE ELMO MN 55042 1102921320015 $23,400 27 FORSBERG PAUL T & ALEXIS A 10380 TAPESTRY BND 10380 TAPESTRY BND LAKE ELMO MN 55042 1102921320016 $23,400 28 ARCO STEPHEN D & REBECCA L 10375 TAPESTRY BND 10375 TAPESTRY BND LAKE ELMO MN 55042 1102921320017 $23,400 29 WARLICK CHRISTOPHER A & ERICA D 10353 TAPESTRY BND 10375 TAPESTRY BND LAKE ELMO MN 55042 1102921320018 $23,400 30 COADY BRIAN J & NICOLE L 10325 TAPESTRY BND 10325 TAPESTRY BND LAKE ELMO MN 55042 1102921320019 $23,400 31 PETERMAN SCOTT D & KARI L 10289 TAPESTRY BND 10289 TAPESTRY BND LAKE ELMO MN 55042 1102921320020 $23,400 32 VANWYCHEN TRS 10263 TAPESTRY BND 10263 TAPESTRY BND LAKE ELMO MN 55042 1102921320021 $23,400 33 TRS AGR DONALD & MELINDA GUSTAFSON 10231 TAPESTRY BND 10231 TAPESTRY BND LAKE ELMO MN 55042 1102921320022 $23,400 34 SCOTT PAUL D & ANDREA K 10030 TAPESTRY RD 10030 TAPESTRY RD LAKE ELMO MN 55042 1102921320029 $23,400 35 PAUL C VAHLE LIVING TRS ETAL 9984 TAPESTRY RD 9984 TAPESTRY RD LAKE ELMO MN 55042 1002921410020 $23,400 36 MAGNUS SCOTT & TRACY 9958 TAPESTRY RD 9958 TAPESTRY RD LAKE ELMO MN 55042 1002921410019 $23,400 37 PIERSON WILLIAM R & MARGARET M 9936 TAPESTRY RD 9936 TAPESTRY RD LAKE ELMO MN 55042 1002921410018 $23,400 38 WHITEHEAD NICHOLAS R & MARIE E 9918 TAPESTRY RD 9918 TAPESTRY RD LAKE ELMO MN 55042 1002921410017 $23,400 39 FOOTE MARTIN J & HEATHER B 9902 TAPESTRY TRL 9902 TAPESTRY TRL LAKE ELMO MN 55042 1002921410016 $23,400 40 SCHAKEL ANDREW L & AMI L VOELTZ‐SCHAKEL 9905 TAPESTRY RD 9905 TAPESTRY RD LAKE ELMO MN 55042 1002921440014 $23,400 41 CHRISTIANSON JULIA L 9915 TAPESTRY RD 9915 TAPESTRY RD LAKE ELMO MN 55042 1002921440013 $23,400 42 BERES TIM M & DIANE M 9929 TAPESTRY RD 9929 TAPESTRY RD LAKE ELMO MN 55042 1002921440012 $23,400 43 DAHLIN BRIAN C & MARGARET C 9957 TAPESTRY RD 9957 TAPESTRY RD LAKE ELMO MN 55042 1002921440011 $23,400 44 PETERSON DAVID R & KATHARINE B H 9985 TAPESTRY RD 9985 TAPESTRY RD LAKE ELMO MN 55042 1002921440010 $23,400 45 EMILY MAZANEC LIV TRS 10011 TAPESTRY RD 10011 TAPESTRY RD LAKE ELMO MN 55042 1102921330024 $23,400 46 ABRAMS JAMES E & AMY A 10037 TAPESTRY RD 10037 TAPESTRY RD LAKE ELMO MN 55042 1102921330023 $23,400 47 BENNETT MICHAEL K & ALLISON M 10059 TAPESTRY RD 10059 TAPESTRY RD LAKE ELMO MN 55042 1102921330022 $23,400 48 LOZANO ALLISON L 10071 TAPESTRY RD 10071 TAPESTRY RD LAKE ELMO MN 55042 1102921330021 $23,400 49 HAYUNGS JESSICA L & MICHAEL 10095 TAPESTRY RD 10095 TAPESTRY RD LAKE ELMO MN 55042 1102921330004 $23,400 50 LIGTENBERG KEVIN L & CHARLINE C 10125 TAPESTRY RD 10125 TAPESTRY RD LAKE ELMO MN 55042 1102921330005 $23,400 51 FREDENBERG LIV TRS 10159 TAPESTRY RD 10159 TAPESTRY RD LAKE ELMO MN 55042 1102921330006 $23,400 52 ELIZABETH B GERMAINE TRS 10191 TAPESTRY RD 10191 TAPESTRY RD LAKE ELMO MN 55042 1102921330007 $23,400 53 STANG LAWRENCE J & KAREN 10225 TAPESTRY HL 10225 TAPESTRY HL LAKE ELMO MN 55042 1102921330008 $23,400 54 COX ERIC & ELIZABETH 10206 TAPESTRY HL 10206 TAPESTRY HL LAKE ELMO MN 55042 1102921330009 $23,400 55 REISTAD CHRISTOPHER A & CYNTHIA J S 10178 TAPESTRY HL 10178 TAPESTRY HL LAKE ELMO MN 55042 1102921330010 $23,400 56 LOEHR TRICIA A AND PATRICK M EVELAND 10144 TAPESTRY HL 10144 TAPESTRY HL LAKE ELMO MN 55042 1102921330011 $23,400 57 MEYER ERIK A & ANNE W 10100 TAPESTRY HL 10100 TAPESTRY HL LAKE ELMO MN 55042 1102921330012 $23,400 58 SKUBIC MARK A 10057 TAPESTRY HL 10057 TAPESTRY HL LAKE ELMO MN 55042 1102921330020 $23,400 59 PALMER DAVID J & MELISSA L 10069 TAPESTRY HL 10069 TAPESTRY HL LAKE ELMO MN 55042 1102921330019 $23,400 60 NYGARD MARNI & GREG 10073 TAPESTRY HL 10073 TAPESTRY HL LAKE ELMO MN 55042 1102921330018 $23,400 61 BENSON DAVID J & KRISTYN M BENSON 10079 TAPESTRY HL 10079 TAPESTRY HL LAKE ELMO MN 55042 1102921330017 $23,400 62 KENADY JEANNE & BRIAN 10085 TAPESTRY HL 10085 TAPESTRY HL LAKE ELMO MN 55042 1102921330016 $23,400 63 SANDS SEAN & KRISTA 10097 TAPESTRY HL 10097 TAPESTRY HL LAKE ELMO MN 55042 1102921330015 $23,400 64 BAILEY RONALD C & DONNA J 10115 TAPESTRY HL 10115 TAPESTRY HL LAKE ELMO MN 55042 1102921330014 $23,400 65 GRANDT MICHAEL ALAN & CARRIE ELAINE 10149 TAPESTRY HL 10149 TAPESTRY HL LAKE ELMO MN 55042 1102921330013 $23,400 TOTAL $1,521,000 ADDRESS MAILING ADDRESS STAFF REPORT DATE: 06/7/2022 REGULAR ITEM#: 13 MOTION TO: City Council FROM: Ben Hetzel, Lake Elmo City Planner AGENDA ITEM: Impervious Surface Coverage Variance Request at 4622 Lilac Lane N REVIEWED BY: Molly Just, Planning Director INTRODUCTION: Kyle and Morgan Traynor (Applicants) recently submitted an application for a impervious surface coverage variance for the property located at 4622 Lilac Lane North – Parcel 07.029.20.23.0011 (Subject Property). The applicant is looking to expand the living space within their single-family home. To do this, the applicants are proposing to remove an area of existing pavers and a deck to construct a 12-foot by 14-foot two story addition. The maximum impervious surface coverage for an unsewered lot in a Shoreland Management District is 15%. The applicants are asking the City Council to allow an impervious surface coverage of 19%. The Planning Commission recommended approval of the request with conditions at the May 9, 2022 meeting. ISSUE BEFORE THE CITY COUNCIL: The City Council is being asked to review and make a determination on the request to allow a impervious surface coverage of 19% where a maximum of 15% is allowed. VARIANCE REQUEST DETAILS/ANALYSIS: Address: 4622 Lilac Lane North PID: 07.029.20.23.0011 Existing Zoning: Open Space PUD – Shoreland Overlay District Surrounding Zoning: North, South, East, & West: Open Space PUD Deadline for Action: Application Complete – 3/29/2022 60 Day Deadline – 5/29/2022 Extension Letter Mailed – 5/12/22 120 Day Deadline – 7/29/22 Applicable Regulations: Article V - Zoning Administration and Enforcement Article XVII – Open Space Planned Unit Developments Article XIX – Shoreland Overlay District Reason for Request: The applicants propose to construct a 12-foot by 14-foot addition onto an existing singly family home within a Shoreland Management Zone. According to Section 2 105.12.1260 Table 17-3 of the City of Lake Elmo Municipal Code, an unsewered lot is allowed a maximum impervious surface coverage of 15%. REVIEW AND ANALYSIS/DRAFT FINDINGS: An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 105.12.320 before the City may grant an exception or modification to city code requirements. These criteria are listed below, along with comments from Staff about the applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. FINDINGS: The proposed addition is for continued residential use purposes. Strict enforcement of the municipal code would not allow for any future expansion. The applicants have agreed to remove a south facing paver patio in order to reduce the total impervious surface coverage. The applicant feels that the rest of the existing coverage (driveway and house footprint) is minimal and further removal not necessary, as the total impervious surface coverage will be reduced from 19.2% to 19.0% with the south patio removal and construction of proposed addition. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: The original home owner built the residence in 2000. All current impervious surfaces were created under previous ownership. The applicants purchased the property in 2016 and have not added any impervious surfaces, but rather have simply maintained the existing structures. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. FINDINGS: The proposed addition will not alter the essential character of the existing home or neighborhood. Both color and building materials for the proposed addition will match the existing home exterior. The proposed addition will meet structure height requirements and setbacks to all property lines. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially 3 increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. FINDINGS: The proposed variance does not impair adjacent properties. The proposed addition will not face a public street and is screened from adjacent properties by existing vegetation. Other homes within the subdivision have comparable extensions of the home to what is proposed. CITY AGENCY REVIEW: This request was distributed to several city departments for review on April 8, 2022. The following departments provided comments on the variance request. • Valley Branch Watershed District Engineer – The project does not require a Valley Branch Watershed District Permit. There is less than 6,000 square feet of new and/or fully reconstructed PUBLIC COMMENT: A hearing notice was sent to surrounding properties on April 22, 2022. A hearing notice was published in the local newspaper on April 29, 2022. Staff received a public comment from a neighboring property owner via email on May 4, 2022 in support of the proposed variance. FISCAL IMPACT: None RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant may not exceed the proposed 19% impervious surface coverage unless receiving approval from the City of Lake Elmo. 2. If approved this variance shall expire if the work does not commence within 12 months of the date of granting the variance. OPTIONS: The Planning Commission may: • Recommend approval of the variance. • Recommend approval of the variance with conditions. • Recommend denial of the variance, citing recommended findings of fact for denial. RECOMMENDATION: Staff recommends that the City Council approve the request with conditions from Kyle and Morgan Traynor for a variance to allow an impervious surface coverage of 19% at 4622 Lilac Lane North. “Move to approve Resolution 2022-056, approving the request with conditions from Kyle and Morgan Traynor for a variance to allow an impervious surface coverage of 19% at 4622 Lilac Lane North.” ATTACHMENTS: 1) Land Use Application 2) Written Statements 4 3) Location Map 4) Certificate of Survey 5) Proposed Addition Plans 6) Email from neighboring property owner 7) May 9, 2022 Planning Commission meeting minutes 8) Resolution No. 2022-056 4610 4622 ArcGIS Web AppBuilder Esri Community Maps Contributors, Metropolitan Council, MetroGIS,Washington County, MN, © OpenStreetMap, Microsoft, Esri Canada, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Parcels Sections Leader Lines DIMENSION LEADER Easement Lines COMPUTED UTILITY_DRAINAGE CONSERVATION Address Points MNWASH038007.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH032009.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH026009.sid Red: Band_1 4/14/2022, 1:05:24 PM 0 30 6015ft 0 10 205m 1:564 Esri Community Maps Contributors, Metropolitan Council, MetroGIS, Washington County, MN, © OpenStreetMap, Microsoft, Esri Canada, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, The City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 To whom it may concern: As property owners of 4622 Lilac Ln N, Lake Elmo MN 55042 we are submitting a Variance Application to assist with the permitting process for a home addition currently under review. During the permit review it was determined that our existing property exceeds the impervious pavement allotment. With the Variance Application and supplemental documentation we want to highlight our willingness to help adhere to the guideline by reducing some of the impervious surface because of where the home addition is located. Please reach out to the following team members with any questions during your review: Home Owners: Kyle + Morgan Traynor 612.508.2715 morgan.traynor@gmail.com General Contractor: Tice-Hause Design Build, LLC Jeff Anderson 763.280.1963 jeff@THDBuild.com Surveyor: E.G. Rud & Sons, Inc. Daniel Hanson 651.361.8241 dhanson@egrud.com Thank you for your consideration. Kyle & Morgan Traynor 4610 4622 ArcGIS Web AppBuilder Esri Community Maps Contributors, Metropolitan Council, MetroGIS,Washington County, MN, © OpenStreetMap, Microsoft, Esri Canada, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Parcels Sections Leader Lines DIMENSION LEADER Easement Lines COMPUTED UTILITY_DRAINAGE CONSERVATION Address Points MNWASH038007.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH032009.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH026009.sid Red: Band_1 4/14/2022, 1:05:24 PM 0 30 6015ft 0 10 205m 1:564 Esri Community Maps Contributors, Metropolitan Council, MetroGIS, Washington County, MN, © OpenStreetMap, Microsoft, Esri Canada, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, Variance Application Responses Documents Variance Application Survey Addition Plan 001 Addition Plan 002 Addition Plan 003 Page 1: Detailed Reason for Request: The reason for the Variance Request is to complete the permitting process for the home addition on our existing residence. The existing conditions of our residence is an overage of impervious surface (due to the previous homeowner) comprising of both the asphalt driveway and two areas of brick pavers. The home addition will eliminate one of the two brick pavement areas. Linked above are the addition drawings and recent survey for your review. Variance Requests: The practical difficulty to reduce the impervious surface area is that the driveway is the only surface remaining. WIth only a 2-car garage, the asphalt driveway is already minimal. As mentioned above, our plans show removing one of the brick patios to help with the overage. Our hope is to enhance the neighborhood with our property, work from home (given the post-COVID work environment), and grow our young family in the city, home, and neighborhood that we adore. Written statements Page 3 of Variance Application Question 2 : written statements a. A list of all current property owners, all general and limited partners, all managers and directors, and/or officers and directors involved as either applicants or owners. i. Kyle & Morgan Traynor are the current property owners. No other partners, managers, directors or applicants. b. A listing of the following site data: legal description of the property, parcel identification number(s), parcel size (in acres and square feet), existing use of land, and current zoning. i. Legal description - (CIC#109 ORIG DECL. CREATED 08.21.97 REC’D PLAT# 00134) SUBDIVISION NAME THE FIELDS OF ST CROIX LOT 5 BLOCK 2 SUBDIVISIONCD 00133 ii. Parcel ID - 07.029.20.23.0011 iii. Parcel size - 15,682 sf; 0.360 acres iv. Existing use of land - residential home v. Current zoning - residential c. State the provision(s) of the Lake Elmo City Code for which you seek a variance. i. 105.12.630 Lot Dimensions and Building Bulk Requirements. Table 9-2 where it states Residential Estate District has 15% maximum impervious coverage. d. A specific written description of the proposal and how it varies from the applicable provisions of Lake Elmo Code. i. The recent survey conducted on the property shows an existing 18.36% coverage of impervious surface, exceeding the 15% Code. No site improvements have been done by the current home owners - Kyle and Morgan Traynor - to exceed the Code; the existing conditions from the property purchase in 2016 exceed the Code. The current home owners hired a general contractor and designer to add a 12’ x 14’ 2-story addition onto the south side of their existing residence. The addition removes one of the brick pavers patio areas, but the coverage remains above 15% at 19.4%. The property is on a corner lot with more natural landscaping that the current homeowners help maintain (i.e. mow grass, trim trees) yet is not considered in the lot size and calculations. The current survey can be found by clicking here . This property site is designated as Residential Estate District which has a reduced coverage maximum compared to Rural Single-Family District properties at 25%. Without knowing the distinction while designing the addition, more emphasis was placed on not exceeding Setback Requirements assuming the impervious surface coverage would not be of concern. During the permit review this was flagged. e. A narrative regarding any pre-application discussions with staff, and an explanation of how the issue was addressed leading up to the application for a variance. i. The General Contractor, Tice-Hause Design Building has been in email conversations with Sophia Jensen, Code Enforcement Officer for the City of Lake Elmo, dating back to January 24th, 2022 when the permit drawings were submitted for review. Tice-Hause Design Build originally provided calculations showing impervious surface coverage of 2466 sf which is 15.7% coverage. Sophia requested adjustments be made for the overage and for the home owners to provide a survey. A survey was conducted the week of February 14th, 2022 by E.G. Rud & Sons, Inc. where the more detailed calculations show a 19.4% impervious surface coverage with the construction of the addition. With the revised calculations, Sophia suggested applying for a Variance. f. Explain why the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration. i. The home owners have already agreed to remove the south-facing brick paver patio to help reduce the coverage. Aside from removing this area, the asphalt driveway is the only other surface to modify. The home has a 2-car garage, so the driveway is already very minimal, is not excessively wide, and cannot be reduced. Additionally, the City of Lake Elmo is installing curb and gutter throughout the subdivision - The Fields of St. Croix - this summer (2022). This will reduce the driveway at the road minimally. g. Explain why the plight of the landowner is due to circumstances unique to the property and not created by the landowner. i. The original home owner built the residence in 2000 and filed for a single dwelling permit in 1999. Without having records to the permit drawings it is unclear what impervious surface was approved during permitting compared to what was added after ownership. The current home owners - Kyle and Morgan Traynor - purchased the home in 2016 and have not made impervious surface additions or subtractions; simply maintained the existing conditions. The original home plans show a 2-story addition as an option that was value-engineered out during the initial construction - linked here . This idea prompted the current home owners to consider carrying out the original intent of the home and allow for growth of their family in their existing home. h. Justify that the granting of the variance would not alter the essential character of the neighborhood. i. Should the variance be granted, the existing driveway would not need to be demolished for any reason, the south-facing patio would be removed and allow for the 2-story addition to be reviewed for permitting. The 2-story addition will color-match the existing exterior home, both color and materials. The homes within the subdivision have such charm and character, and the new drawings (linked on page 2) maintain the essence of the property and neighborhood. 14949 62nd Street North - PO Box 6 Stillwater, MN 55082-0006 Step 1 Step 2 Step3 PROPERTY TAX STATEMENT Coming in March, 2022 PROPOSED TAX The time to provide feedback onPROPOSED LEVIES is NOW Proposed Property Taxes and Meetings by Jurisdiction for Your Property Contact Information Meeting Information Actual 2021 Proposed 2022 % Chg VALUES AND CLASSIFICATION Taxes Payable Year 2021 2022 PROPOSED TAXES 2022 THIS IS NOT A BILL - DO NOT PAY It is too late to appeal your value without going to Tax Court. 10-28-21_v3 Property Records and Taxpayer Services (651) 430-6175 www.co.washington.mn.us IMPORTANT PROPERTY TAX INFORMATION: 36486*85**G50**0.574**1/2*********AUTO5-DIGIT 55082 KYLE & MORGAN TRAYNOR 4622 LILAC LN N LAKE ELMO MN 55042-8543 36486 1/1 TAXPAYER(S): PROPERTY INFORMATION: PIN:07.029.20.23.0011 Property Address: 4622 LILAC LN N LAKE ELMO MN 55042 Property Description: THE FIELDS OF ST CROIX Lot 5 Block 2 (CIC#109 ORIG DECL. CREATED 08-21-97 REC'D PLAT# 00134) Estimated Market Value 408,700 410,400 Homestead Exclusion 500 300 Other Exclusion/Deferral Taxable Market Value 408,200 410,100 Class Res Hstd Res Hstd Property Taxes Before Credits School Building Bond Credit Agricultural Market Value Credit Other Credits Property Taxes After Credits $3,558.00 $0.00 $0.00 $0.00 $3,558.00 STATE GENERAL TAX No Public Meeting $0.00 $0.00 WASHINGTON COUNTY 14949 62ND ST N PO BOX 6 STILLWATER MN 55082 651-430-6175 www.co.washington.mn.us NOVEMBER 30, 2021 6:00 PM COUNTY BOARDROOM-GOV'T CTR VIRTUAL MEETING OPTION SEE WEBSITE FOR DETAILS <---------- $1,132.20 $1,148.27 CITY OF LAKE ELMO 3880 LAVERNE AVE N STE 100 LAKE ELMO MN 55042 651-747-3900 www.lakeelmo.org DECEMBER 7, 2021 7:00 PM CITY COUNCIL CHAMBERS 3800 LAVERNE AVE N $964.91 $1,249.57 ISD 834 STILLWATER 1875 GREELEY ST S STILLWATER MN 55082 651-351-8321 www.stillwaterschools.org DECEMBER 9, 2021 6:00 PM OAK PARK BUILDING 6355 OSMAN AVE N Voter Approved Levies $691.00 $298.37 Other Local Levies $694.34 $572.11 METRO SPECIAL TAXING DISTRICTS 390 ROBERT ST N SAINT PAUL MN 55101 651-602-1738 www.metrocouncil.org DECEMBER 8, 2021 6:00 PM METROPOLITAN COUNCIL CHAMBERS 390 ROBERT ST N $87.63 $83.70 Other Special Taxing Districts Tax Increment Tax Fiscal Disparity Tax No Public Meeting No Public Meeting No Public Meeting $218.92 $0.00 $0.00 $205.98 $0.00 $0.00 TOTAL Excluding Special Assessments $3,789.00 $3,558.00 -6.1% Your school district was scheduled to hold a referendum at the November general election. If the referendum was approved by the voters, the school district's voter approved property tax for 2022 may be higher than the proposed amount shown on this notice. 07.029.20.23.0011 What Else Should You Know? Your local units of government have proposed the amount they will need to levy in 202. The following circumstances could change these amounts: •Upcoming referenda •Legal judgments•Natural disasters•Voter-approved levy limit increases; or•Special assessments Your county commissioners, school board, city council (if your property is located in a city over 500 population), and metropolitan special taxing district will soon be holding meetings to discuss the 202 budgets and proposed 202 property taxes. (The school board will discuss the 202 budget). You are invited to attend these meetings to express your opinion. 10-28-21_v3 36486 1/1 07.029.20.23.0011 1 Ben Hetzel From:Joe Holmberg <joeyholmberg@gmail.com> Sent:Wednesday, May 4, 2022 2:04 PM To:Ben Hetzel Subject:Traynor Variance Review Follow Up Flag:Follow up Flag Status:Flagged Caution: This email originated outside our organization; please use caution. Hello Ben: We would like to voice our SUPPORT for the impervious surface coverage variance for Kyle and Morgan Traynor at 4622 Lilac Lane N in Lake Elmo. We are in direct line of their improvements and it not only will not be a problem, we welcome the changes they are planning. The alterations will enhance the neighborhood as well as our community. They will positively affect home values in the area. The couple is thoughtful about what they are doing and how it will impact the surrounding area. As neighbors the Traynors are kind and considerate, and keeping good, quality people such as them in the neighborhood is good for everyone in Lake Elmo. We applaud what they want to do and lend our complete support of the variance they are seeking. Respectfully submitted, Joe and Shelly Holmberg 4602 Lilac Lane N Lake Elmo 612-791-1553 Lake Elmo Planning Commission Minutes: 5-9-2022 City of Lake Elmo Planning Commission Meeting Minutes of May 9, 2022 Commission Chair Risner called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Risner, Steil, Graen, Rehkamp, Vrieze COMMISSIONERS ABSENT: Mueller STAFF PRESENT: Planning Director Just & City Planner Hetzel Pledge of Allegiance at 7:00 PM Approve Agenda: M/S/P: Graen / Vrieze made a motion to approve the agenda. Vote: 5-0, motion carried unanimously. Approve Minutes: M/S/P: Steil / Vrieze moved to approve the Planning Commission minutes of April 25th , 2022. Vote: 5-0, motion carried unanimously. Public Hearings: a. 8012 Hill Trail N. Variance for impervious surface coverage in a Shoreland Management Overlay District. Applicant Zawadski Homes, on behalf of Daniel and Anne Stoudt, owners of the property located at 8012 Hill Trail N, is seeking an impervious surface coverage variance. The applicants would like to expand their living space, add an attached garage, and add a porch. To construct the addition, the applicants are requesting a variance for 19.1% impervious surface coverage where a maximum of 15% is allowed. RS Zoning District, Shoreland Management Overlay District, Valley Branch Watershed District. PID 04.029.21.33.0044 City Planner Hetzel gave presentation: Zawadski Homes on behalf Daniel and Anne Stoudt (Owners) recently submitted an application for an impervious surface coverage variance for the property located at 8012 Hill Trail N – Parcel 04.029.21.33.0044 (Subject Property). The applicant proposes to expand the living space within their single- family home, add an attached garage, and add a porch. To do this, the applicants are proposing to construct the expansions onto the east side of the existing home and relocate a portion of the driveway to access the proposed garage. The paved area in front of the existing detached garage will be removed, along with a paved area to the east of the garage. The maximum impervious surface coverage for an unsewered lot in a Shoreland District is 15%. The applicants are asking the City Council to allow an impervious surface coverage of 19.1%. City Planner Hetzel answered questions. Staff recommends that the Planning Commission recommend approval of the request with conditions from Zawadski Homes on behalf of Daniel and Anne Stoudt for a variance to allow an impervious surface coverage of 19.1% at 8012 Hill Trail North. Applicants Anne & Daniel Stoudt (8012 Hill Trail N, Lake Elmo) spoke as to why this variance is being requested. Lake Elmo Planning Commission Minutes: 5-9-2022 Rich Riemersma with Zawadski Homes spoke regarding the that of the 19.1% the house is 11.53% and the rest is the driveway. Public hearing opened at 7:16 PM. Public hearing closed at 7:17 PM. Commissioner Rahkamp requested that the extra bump-out in the driveway be removed as a concession. M/S/P: Graen/Vrieze Moved to recommend approval of the request with conditions as stated by city staff. Vote: 4-1, (Commissioner Rehkamp – Nay) b. 4622 Lilac Lane N. Variance for impervious surface coverage in a Shoreland Management Overlay District. Kyle and Morgan Traynor, Owners of the property located at 4622 Lilac Lane N, is seeking an impervious surface coverage variance. The applicants would like to expand the living space of the existing home by adding an addition. To construct the addition, the applicants are requesting a variance for 19% impervious surface coverage where a maximum of 15% is allowed. Open Space PUD, Shoreland Management Overlay District, Valley Branch Watershed District. PID 07.029.20.23.0011. City Planner Hetzel gave presentation: Kyle and Morgan Traynor (Applicants) recently submitted an application for a Shoreland impervious surface coverage variance for the property located at 4622 Lilac Lane North – Parcel 07.029.20.23.0011 (Subject Property). The applicant is looking to expand the living space within their single-family home. To do this, the applicants are proposing to remove an area of existing pavers and a deck to construct a 12- foot by 14-foot two story addition. The maximum impervious surface coverage for an unsewered lot in a Shoreland District is 19%. City Planner Hetzel answered questions. Applicant Morgan Traynor (4622 Lilac Lane N) spoke as to why this variance is being requested. An email was received from Joe & Shelly Holmberg (4602 Lilac Lane N) in support of granting this variance. Public hearing opened at 7:32 PM. Public hearing closed at 7:33 PM. M/S/P: Steil/Rehkamp Moved to recommend approval of the request from Kyle and Morgan Traynor for a variance to allow an impervious surface coverage of 19% at 4622 Lilac Lane North. Vote: 5-0, New/Unfinished Business: a. Comprehensive Plan Implementation in the Village Planning Area- Draft Village Districts with Overlay District Director Just gave presentation and answered questions. As per the April 25th Planning Commission meeting, staff asked each Commissioner to provide recommendations as to what uses they would like to see as a permitted use, conditional use, or prohibited use in the V-MDR and V- HDR zoning districts. The results concluded that the Planning Commission would like to see mixed uses located outside of just the Village Mixed Use district. Taking this into account, the Village Overlay draft shows a variety of Lake Elmo Planning Commission Minutes: 5-9-2022 non-residential uses allowed as conditional uses in the V-HDR districts while limiting to a select few in the V-MDR districts. The reasoning for drastically limiting non-residential uses in the V-MDR district is due to the geography of where these districts are located and given that single-family detached units are recommended for this district. The only V-HDR district in the City is located directly adjacent to the Old Village District in the Elmo Station District. By allowing non-residential uses in the V-HDR (first floor only) and limiting them in the V-MDR, concentrations of people will be drawn closer to the Old Village District which is important for its vitality. Communications/Updates a. City Council Update: Approved the Banna Variance, and the Parks work plan. b. Staff Update c. Upcoming PC Meetings: 1. May 23, 2022 2. June 13, 2022 Meeting adjourned at 8:36 PM. Respectfully submitted, Diane Wendt Permit Technician 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2022-056 A RESOLUTION APPROVING THE REQUEST WITH CONDITIONS FROM KYLE AND MORGAN TRAYNOR FOR A VARIANCE TO ALLOW AN IMPERVIOUS SURFACE COVERAGE OF 19% ON THE PROPERTY LOCATED AT 4622 LILAC LANE N WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Kyle and Morgan Traynor (the “Applicants”), owners of the property located at 4622 Lilac Lane N – Parcel 07.029.20.23.0011, Lake Elmo, MN 55042 (the “Property”) have submitted an application to the City of Lake Elmo (the “City”) for a variance request to allow an impervious surface coverage of 19% where a maximum of 15% is allowed; and WHEREAS, notice has been published, mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 103.00.120; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on May 9, 2022; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated June 7, 2022; and WHEREAS, the City Council considered said matter at its June 7, 2022 meeting and directed City staff to draft a resolution approving the variance for its consideration; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining a variance are found in Section 105.12.320 of the Lake Elmo Zoning Code. 2) That all submission requirements of Section 105.12.320 and 105.12.1260 of the Lake Elmo Zoning Code have been met by the Applicant. 3) That the proposed variance includes the following components: 2 a) The applicants propose to construct a 12-foot by 14-foot two story addition onto the existing single family home. To construct the addition, an area of existing pavers and a deck will be removed. The proposed addition and the removal of pavers will reduce the total impervious surface coverage from 19.2% to 19%. As per Table 17-3 of Section 105.12.1260 of the Lake Elmo City Code, the maximum impervious surface coverage for an unsewered lot in a Shoreland Management District is 15%. 4) Practical Difficulties as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control: The proposed addition is for continued residential use purposes. Strict enforcement of the municipal code would not allow for any future expansion. The applicants have agreed to remove a south facing paver patio in order to reduce the total impervious surface coverage. The applicant feels that the rest of the existing coverage (driveway and house footprint) is minimal and further removal not necessary, as the total impervious surface coverage will be reduced from 19.2% to 19.0% with the south patio removal and construction of proposed addition. 5) Unique Circumstances the plight of the landowner is due to circumstances not created by the landowner: The original home owner built the residence in 2000. All current impervious surfaces were created under previous ownership. The applicants purchased the property in 2016 and have not added any impervious surfaces, but rather have simply maintained the existing structures. 6) Character of Locality the proposed variance will not alter the essential character of the locality in which the property in question is located: The proposed addition will not alter the essential character of the existing home or neighborhood. Both color and building materials for the proposed addition will match the existing home exterior. The proposed addition will meet structure height requirements and setbacks to all property lines. 7) Adjacent Properties and Traffic the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood: The proposed variance does not impair adjacent properties. The proposed addition will not face a public street and is screened from adjacent properties by existing vegetation. 3 Other homes within the subdivision have comparable extensions of the home to what is proposed. DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo hereby approves the request with conditions by Kyle and Morgan Traynor for a variance request to allow an impervious surface coverage of 19% on the property located at 4622 Lilac Lane N. The conditions for approval are outlined below: 1. The applicant may not exceed to proposed 19% impervious surface coverage unless receiving approval from the City of Lake Elmo. 2. This variance shall expire if the work does not commence within 12 months of the date of granting the variance. Passed and duly adopted this 7th day of June, 2022 by the City Council of the City of Lake Elmo, Minnesota. ____________________________________ Mayor Charles Cadenhead ATTEST: _______________________________ Julie Johnson, City Clerk LA515-109-799388.v1 STAFF REPORT DATE: 6/7/22 REGULAR TO: City Council FROM: Molly Just, Planning Director ITEM: H.C. Golf Land, LLC Conditional Use Permit for a Swimming Pool & Fitness Center BACKGROUND H.C. Golf Land, LLC (Applicant) has applied for a Conditional Use Permit (CUP) for construction of a swimming pool and fitness center on the property located at 104441 20th Street N (PID#25.029.21.12.0002). The proposed 1,900 square foot fitness center and 25’ x 50’ swimming pool would be for the use of residents in the Royal Golf subdivision and would be managed by the homeowners’ association. The use is permitted by CUP in the zoning district and in the Planned Unit Development (PUD) that also governs the subdivision. On May 23rd the Planning Commission held a public hearing on this request. A public hearing notice was published in the Stillwater Gazette on May 13, 2022. Mailed notices to owners of property within 350’ of the site were delivered to the Post Office prior to this date. No comments were received by staff and there was no public comment at the meeting. The Planning Commission received the staff report, asked questions of staff and the applicant’s representative and made a recommendation of approval with conditions (Vote: 4-2 (Graen & Vrieze – Nay)). Since then the issue of replacement of the lift station generator has been resolved and therefore the staff recommended condition regarding replacement of the generator has been removed. Additionally, staff understands that the applicant is working to connect the existing buildings to public water and sewer and therefore has revised the staff recommended condition for this to allow the applicant to obtain permits for construction of the facilities but not issue a Certificate of Occupancy until the existing facilities are connected. PROPOSAL DETAILS/ANALYSIS Applicant: H.C. Golf Land, LLC Property Owners: H.C. Golf Land, LLC Location: 104441 20th Street North Request: Application for a Conditional Use Permit (CUP) to allow a pool and fitness center Site Area: 10.8 acres Existing Land Use: Clubhouse and maintenance facility for a single-family residential subdivision Existing Zoning: Golf Course Community/PUD 2 LA515-109-799388.v1 Surrounding: North – single family homes zoned RS West – golf course and single-family homes zoned GCC/PUD South – golf course and single-family homes zoned GCC/PUD East – golf course and single-family homes zoned GCC/PUD Comprehensive Plan: Golf Course Community (GCC) History: The Property is within the Royal Golf Club subdivision and also consists of the golf course clubhouse and maintenance facilities that were originally owned by 3M. The clubhouse and maintenance facilities are not connected to City sewer and water. City Code Title 5 Public Works requires any residential or non-residential structures with access to municipal water and sewer to connect within two years of availability. Since it has been more than two years since City sewer and water have been available and the clubhouse and the maintenance facilities have not been connected to City sewer and water, the Property is currently not in compliance with this requirement of the City Code. Deadline for Action: Application Complete – 3/11/2022 60 Day Deadline – 5/10/2022 Extension Letter Sent – 4/21/2022 120 Day Deadline – 7/9/2022 Regulations: 105.12.110 – Zoning Use Types and Classifications Article XII – Urban Residential Districts Article XIX – Shoreland Overlay District Royal Golf Club Planned Unit Development 105.12.290 – Conditional Use Permits 105.12.480 – Landscaping Requirements ISSUE BEFORE THE CITY COUNCIL Should the proposed swimming pool and fitness center be approved based on the recommended findings of fact and conditions of approval? PROJECT ANALYSIS The proposed facilities would be used by residents within the Royal Golf subdivision and would not be open to the public so should not generate traffic to the Property. The proposed facilities will be required to connect to the available public water and sewer facilities as a condition of the CUP. The existing clubhouse and maintenance building that are also located on the Property have not yet connected to these public utilities although the utilities have been available for over two years. City Code requires that any residential or non-residential structures with access to municipal water and sewer to connect within two years of availability. Public water and sewer are stubbed to the clubhouse and maintenance building. Only water has been connected to the maintenance building at this time. Staff has made a conditional recommendation of approval of the requested CUP provided that all facilities (both the new pool and fitness facility and the existing clubhouse and maintenance facility) are connected to City sewer and water. The 3 LA515-109-799388.v1 proposed condition of the CUP requires connection of all of the facilities prior to the issuance of a Certificate of Occupancy. REVIEW COMMENTS Engineering Review. The City Engineer reviewed this request and prepared the following response. 1. For city record purposes, the application drawings should be updated to provide an additional project location plan that provides the proposed facility location with respect to existing property lines, parcel data and easements. All property and easement line types should be clearly labeled. 2. Relocating the pool and fitness center to the east side of the parking lot is favorable from an infrastructure perspective. Sewer and water service connections are more readily available in the new location, and fire hydrant placement is in closer proximity to the new location. 3. The facility is located in the MUSA area and must be connected to municipal city water and sewer. 4. The proposed site can be adequately served by the existing municipal water system. The following exhibit shows a well looped watermain network around the facility and provides all existing nearby fire hydrants for review by the Fire Department and Public Works. A Met Council SAC determination should be obtained to determine the WAC units for the facility. 4 LA515-109-799388.v1 5. The proposed site can be adequately served by the existing sanitary sewer system. However, the Royal Golf South Lift Station is currently operating without a backup power supply as the existing generator operation has failed. This comment has been resolved. A Met Council SAC determination should be obtained to determine the SAC units for the facility. 6. Stormwater Management. The Applicant must identify whether stormwater management will be required for the improvements. VBWD requirements trigger stormwater management for 6,000 SF of impervious surface area. If additional stormwater management is needed, a site grading plan will need to be reviewed and approved by engineering prior to construction. 7. Traffic. The application indicates that there will not be any traffic increases or concerns created by the proposed facility, however there is no documentation to support this conclusion. In addition, engineering has not received complaints or inquiries regarding traffic at the intersection of 20th Street and the Royal Golf driveway. No additional review will be taken regarding the traffic generation/issues unless specifically requested. Fire Department Review. The Fire Department reviewed this request and provided the attached memo dated March 16, 2022. The comments must be addressed by the Applicant as a condition of the CUP. Landscaping Review. The City’s landscape architect reviewed this request and provided a memorandum dated March 21, 2022. At this time, the tree preservation and landscape plans do not meet the minimum requirements. The memorandum is provided as an attachment to the staff report. Staff recommends that there be a condition of approval of the CUP requiring the plans to meet the minimum requirements. RECOMMENDED FINDINGS Conditional use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls only upon a finding that all of the following provisions are met. Staff recommends the following findings: 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed use should not be detrimental or in any way endanger the public health, safety, comfort, convenience, or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposed use conforms to the Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. The proposed use is permitted in the Golf Course Community District as a conditional use. 4. The proposed use meets all specific development standards for such use listed in the Zoning Code. The proposed meets the provisions of 105.08-V Swimming Pools. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Article XIX (Shoreland Management) and 5 LA515-109-799388.v1 Title 100 (Flood Plain Management). The proposed use is located in a shoreland area. It meets the Shoreland Regulations. 6. The proposed use will be designed, constructed, operated, and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed use will be compatible in appearance with the existing character of the general vicinity and will not change the essential character of the area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed swimming pool and fitness center are to be used and managed by residents of the surrounding subdivision through their homeowners’ association and therefore should not create a nuisance to existing or future neighboring structures. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The Property is currently in violation of City Code requirements as two buildings are not connected to available public water and sewer facilities. With conditions of approval, all buildings on the Property will be served by essential public facilities. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed use should not create excessive additional requirements at public cost. 10. The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed use should not be detrimental to persons, property, or the general public welfare. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The proposed use should not generate traffic to the subdivision as it is intended to serve the subdivision and will not be open to the public. 12. The proposed use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. The proposed use should not impact natural or scenic features. FISCAL IMPACT With adoption of the recommended Conditions of Approval, there would be no fiscal impact on the City as a result of this use. RECOMMENDED CONDITIONS OF APPROVAL If the City Council wishes to approve the CUP request, city staff recommends the following conditions of approval: 6 LA515-109-799388.v1 1. Prior to issuance of a Certificate of Occupancy for the proposed swimming pool and fitness center, all existing buildings on the Property must be connected to public water and sewer. 2. The Applicant must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel. 3. The proposed pool and fitness center shall be connected to public water and sewer. 4. Prior to issuance of any City permits for the proposed swimming pool or fitness center, the landscape plan shall be revised and found consistent with the requirements of Article VIII of the City Code. 5. Prior to issuance of any City permits for the proposed swimming pool or fitness center the Applicant must identify whether stormwater management will be required for the improvements. VBWD requirements trigger stormwater management for 6,000 SF of impervious surface area. If additional stormwater management is needed, a site grading plan shall be reviewed and approved by the City Engineer prior to construction of any of the improvements. 6. Prior to issuance of any City permits for the proposed swimming pool or fitness center the City Engineer, Fire Chief, and Director of Public Works shall approve the location of any necessary fire hydrant. 7. The Applicant must meet all of the requirements set forth in the Fire Department memo dated March 16, 2022. 8. That the Applicant must meet all requirements of the Lake Elmo Fire Chief and the Lake Elmo Building Official with respect to site improvements. 9. The proposed building shall meet the Lake Elmo Design Guidelines and Standards. 10. A sign permit shall be obtained prior to erection of any sign on the Property. 11. The proposed fitness center shall have a separate address. 12. The Applicant must provide a project location plan that provides the proposed facility location with respect to existing property lines, parcel data, and easements that is satisfactory to the City Engineer. All property and easement line types must be clearly labeled. OPTIONS: The City Council may: • Approve the Conditional Use Permit with recommended findings and conditions of approval. • Approve the Conditional Use Permit with amended findings and conditions of approval. • Deny the Conditional Use Permit, citing findings for denial. RECOMMENDATION: Staff recommends the City Council approve the CUP to allow a swimming pool and fitness center on the subject property with the listed conditions. Suggested motion: “Motion to adopt Resolution 2022-057, approving a Conditional Use Permit (CUP) for the construction of a swimming pool and fitness center with the listed conditions based on the findings listed in the staff report.” ATTACHMENTS: 1. Resolution 2022-057 7 LA515-109-799388.v1 2. Location Map 3. Landscape Architect Memo 4. Fire Department Memo 5. Land Use Application 6. Application 7. Draft Minutes from the May 23, 2022 Planning Commission Meeting CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2022-057 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A SWIMMING POOL AND FITNESS CENTER ON THE PROPERTY LOCATED AT 11441 20TH STREET NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, H.C. Golf Land, LLC (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for the construction and operation of a swimming pool and fitness center on the property located at 11441 20th Street North (PID# 25.029.21.11.0002) (the “Property”); and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on May 23, 2022; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated June 7, 2022; and WHEREAS, the City Council considered said matter at its June 7, 2022 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 105.12.290. 2) That all the submission requirements of said Section 105.12.290 have been met by the Applicant. 3) That the proposed Conditional Use Permit is for the construction and operation of a 4) The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed use should not be detrimental or in any way endanger the public health, safety, comfort, convenience, or general welfare of the neighborhood or the city. 5) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposed use conforms to the Comprehensive Plan. 6) The use or development is compatible with the existing neighborhood. The proposed use is permitted in the Golf Course Community District as a conditional use. 7) The proposed use meets all specific development standards for such use listed in the Zoning Code. The proposed meets the provisions of 105.08-V Swimming Pools. 8) If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Article XIX (Shoreland Management) and Title 100 (Flood Plain Management). The proposed use is located in a shoreland area. It meets the Shoreland Regulations. 9) The proposed use will be designed, constructed, operated, and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed use will be compatible in appearance with the existing character of the general vicinity and will not change the essential character of the area. 10) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed swimming pool and fitness center are to be used and managed by residents of the surrounding subdivision through their homeowners’ association and therefore should not create a nuisance to existing or future neighboring structures. 11) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The Property is currently in violation of City Code requirements as two buildings are not connected to available public water and sewer facilities. With conditions of approval, all buildings on the Property will be served by essential public facilities. 12) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed use should not create excessive additional requirements at public cost. 13) The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed use should not be detrimental to persons, property, or the general public welfare. 14) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The proposed use should not generate traffic to the subdivision as it is intended to serve the subdivision and will not be open to the public. 15) The proposed use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. The proposed use should not impact natural or scenic features. 16) That, in accordance with City Code Section 105.12.290, the Applicant’s proposed use of the Property to include a swimming pool and fitness center shall be permissible under the Conditions 1-12 as provided in the decision below, and incorporated herein: DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo hereby approves the request by H.C. Golf Land, LLC for a Conditional Use Permit for the construction and operation of a swimming pool and fitness center on the property located at 10441 20th Street North, and grants the same, subject to the following conditions of approval: 1) Prior to issuance of a Certificate of Occupancy for the proposed swimming pool and fitness center, all existing buildings on the Property must be connected to public water and sewer. 2) The Applicant must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel. 3) The proposed pool and fitness center shall be connected to public water and sewer. 4) Prior to issuance of any City permits for the proposed swimming pool or fitness center, the landscape plan shall be revised and found consistent with the requirements of Article VIII of the City Code. 5) Prior to issuance of any City permits for the proposed swimming pool or fitness center the Applicant must identify whether stormwater management will be required for the improvements. VBWD requirements trigger stormwater management for 6,000 SF of impervious surface area. If additional stormwater management is needed, a site grading plan shall be reviewed and approved by the City Engineer prior to construction of any of the improvements. 6) Prior to issuance of any City permits for the proposed swimming pool or fitness center the City Engineer, Fire Chief, and Director of Public Works shall approve the location of any necessary fire hydrant. 7) The Applicant must meet all of the requirements set forth in the Fire Department memo dated March 16, 2022. 8) That the Applicant must meet all requirements of the Lake Elmo Fire Chief and the Lake Elmo Building Official with respect to site improvements. 9) The proposed building shall meet the Lake Elmo Design Guidelines and Standards. 10) A sign permit shall be obtained prior to erection of any sign on the Property. 11) The proposed fitness center shall have a separate address. 12) The Applicant must provide a project location plan that provides the proposed facility location with respect to existing property lines, parcel data, and easements that is satisfactory to the City Engineer. All property and easement line types must be clearly labeled. Passed and duly adopted this 7th day of June, 2022 by the City Council of the City of Lake Elmo, Minnesota. ____________________________________ Charles Cadenhead, Mayor ATTEST: _____________________________________ Julie Johnson, City Clerk 2000 ft N➤➤N “Proudly Serving Neighbors & Friends” Lake Elmo Fire Department Memorandum To: Molly Just, Planning Director From: Dustin Kalis, Fire Chief Date: 3/16/22 Re: Conditional Use Permit for a Pool & Fitness Center: 11441 20th Street N _______________________________________________________________________________________ The Lake Elmo Fire Department has completed a Conditional Use Permit for a Pool & Fitness Center at 11441 20th Street N based on submittals dated 3/11/22 with the following comments: 1) An approved signage and marking plan shall be determined for all No Parking and Fire Lane access roads. 2) Fire hydrant location to be reviewed by Engineering and Public Works. 3) Building shall have a separate address from clubhouse and maintenance building. Application shows 11457 20th Street N is to be used and would be acceptable to the Fire Department. 4) Building address numbers shall be plainly visible from the street fronting the property and shall contrasting color from the background. Addresses may be required to be posted adjacent to driveways or other access ways. 5) A Fire Department lock box is required for emergency access to building at an approved location(s) for the apartment and school buildings and provide keys for emergency access into and throughout the occupancy as required. 6) The fire alarm systems shall be installed compliant with provisions of 2016 NFPA Standard 72, National Fire Alarm Code. City permit required prior to initiation of work. 7) Install emergency egress illumination in the means of egress including exit discharge compliant with 2020 MSFC. 8) Pool gate and access shall be compliant with 2020 MSFC. 9) Install compliant exit signage as required by the 2020 MSFC. 10) Provide and install dry chemical fire extinguishers certified for service and tagged as required. Service classification rating shall be a minimum 2A classification rating and maximum travel distance of 75 feet to extinguishers. The minimum classification rating may be upgraded for special or extra hazard areas within the occupancy. 11) Rooms containing controls for air-conditioning systems, roof access, elevator equipment, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location, shall be constructed of durable materials, permanently installed and readily visible. “Proudly Serving Neighbors & Friends” Codes and Standards Used for this Review This review is based on the following codes and standards as adopted and in effect in the State of Minnesota at the time of plan submittal. 2020 Minnesota State Fire Code Lake Elmo Fire Department Fire Code Policy NFPA 72, 2016 edition NFPA 13, 2016 edition E X I S T I N GP A R K I N G L O TR O Y A LG O L F C L U BThe Royal Golf Club at Lake ElmoH.C. GOLF COURSE DEVELOPMENT, LLC11074 Radisson Road NEBlaine, MN 55449ofTHE ROYAL GOLF CLUB AT LAKEELMO - POOL & FITNESS CENTERLake Elmo, MNoff:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\final residential plans\fitness center\6036_fitness_center_cover.dwgSave Date:02/08/225Revisions:1.2021-12-06 - Per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/29/21KRO10/29/21Brian J. Krystofiak, P.E.25063BJK#6036-07Lake Elmo, MinnesotaPool & Fitness Center1COVER94 VICINITY MAP BENCHMARKS1.2021-12-06 - Per City Comments.2.2021-12-14 - Revise Sheets 1, 3 & 4 Per Owner.3.2022-01-03 - Revise Layout Per Owner.4.2022-02-07 - Per City Comments. f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\fitness center 2021\6036-07_excon-fitness center.dwgSave Date:10/29/21ofEXISTING CONDITIONSThomas R. Balluff, L.S.I hereby certify that this survey, planor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:10/29/2140361DRAWN BY:ISSUE DATE:FILE NO:Revisions:52KCM10/29/21384H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOPOOL & FITNESS CENTERLake Elmo, Minnesota E X I S T I N GP A R K I N G L O TR O Y A LG O L F C L U BH.C. GOLF COURSE DEVELOPMENT, LLC11074 Radisson Road NEBlaine, MN 55449ofTHE ROYAL GOLF CLUB AT LAKEELMO - POOL & FITNESS CENTERLake Elmo, MNoff:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\final residential plans\fitness center\6036_fitness_center_grading.dwgSave Date:02/08/225Revisions:1.2021-12-06 - Per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/29/21KRO10/29/21Brian J. Krystofiak, P.E.25063BJK#6036-073SITE & UTILITY PLANBENCHMARKSSITE PLAN LEGEND2.2021-12-14 - Remove Curb Cut-Out Per Owner.3.2022-01-03 - Revise Layout Per Owner.4.2022-02-07 - Per City Comments. E X I S T I N GP A R K I N G L O TR O Y A LG O L F C L U BH.C. GOLF COURSE DEVELOPMENT, LLC11074 Radisson Road NEBlaine, MN 55449ofTHE ROYAL GOLF CLUB AT LAKEELMO - POOL & FITNESS CENTERLake Elmo, MNoff:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\final residential plans\fitness center\6036_fitness_center_grading.dwgSave Date:02/08/225Revisions:1.2021-12-06 - Per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/29/21KRO10/29/21Brian J. Krystofiak, P.E.25063BJK#6036-074SITE, UTILITY & GRADING &EROSION CONTROL PLANBENCHMARKS2.2021-12-14 - Remove Curb Cut-Out Per Owner.3.2022-01-03 - Revise Layout Per Owner.4.2022-02-07 - Per City Comments. H.C. GOLF COURSE DEVELOPMENT, LLC11074 Radisson Road NEBlaine, MN 55449ofTHE ROYAL GOLF CLUB AT LAKEELMO - POOL & FITNESS CENTERLake Elmo, MNoff:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\final residential plans\fitness center\6036_fitness_center_details.dwgSave Date:12/20/215Revisions:1.2021-12-06 - Per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/29/21KRO10/29/21Brian J. Krystofiak, P.E.25063BJK#6036-075DETAILSFRAMECURBFRAME Royal Golf ClubDesignerDate02/07/2022ScaleNot to ScaleDrawing No.Summary1 of 10.10.10.10.61.00.40.10.10.67.010.92.80.40.10.820.71.90.20.12.11.60.90.20.35.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.022.4A @ 8'A @ 8'A @ 8'Plan ViewScheduleSymbol Label Image Quantity Manufacturer Catalog Number DescriptionNumberLampsLumensPer LampLight LossFactorWattage PlotA3 PHILIPS STONCO PW50-NW-G1-8 Philips Stonco Low Profile Wall 1 5112 1 50.9 STAFF REPORT DATE: June 7, 2022 REGULAR AGENDA ITEM: Resolution Calling for Public Hearing relating to the Tax Abatement Projects SUBMITTED BY: Sam Magureanu, Finance Director REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The City is authorized by Minnesota Statutes, Sections 469.1812 through 469.1815 ( The “Abatement Act”) to grant an abatement of all or a part of the tax levied by the City on real property within its boundaries (the “Abatement”) and to issue general obligation bonds to finance public improvements (the “Abatement Bonds”) The name “tax abatement” is misleading. The enabling statute, noted above, does not authorize the actual “abatement of taxes”. Instead, the City has the ability to levy a property tax (an abatement levy) that is equivalent to taxes that could be abated. The City plans to certify an abatement levy to pay the debt service on the proposed general obligation bonds to be issued to finance the Projects. The statute requires a finding that the use of tax abatement is in the public interest. The statute defines the reasons. Reasons specific to the proposed Projects include to increase or preserve tax base and to finance or provide public infrastructure. Proceeds from the 2022A Bonds (the “Bonds”) will be used to finance the City’s 2022 street and utility projects, and two abatement projects; and to pay the costs associated with the issuance of the Bonds. The “abatement projects” is inclusive of the CSAH 15/30th Street Signal Project and Phase 2 of the Ideal Avenue (CSAH 13) Project. There are no special assessments associated with these projects. The Tax Abatement enabling statute, noted above, provides authority for issuance of bonds for these types of public improvements that benefit a property. The total principal of abatement bonds cannot exceed the sum of estimated abatements for the years granted. The bonds are not subject to the debt limit and do not require an election. PROPOSAL DETAILS/ANALYSIS: In anticipation of financing improvements in connection with the Projects, on June 21, 2022, the City Council will hold a public hearing and consider a resolution approving a tax abatement (the “Abatement”) and the issuance of General Obligation Tax Abatement Bonds (the “Bonds”) in an amount not to exceed $1,110,000. The maximum term of the Bonds and Abatement is proposed at 10 years. The resolution is proposed to include 120 tax parcels for the Abatement area. Tammy Omdal, from Northland securities, will attend the public hearing on June 21, 2022 to review the proposed bond issue and the tax abatements. ISSUE BEFORE COUNCIL: Should the Council adopt resolution calling for the Public Hearing on June 21, 2022 relating to the Tax Abatement Projects ? FISCAL IMPACT: The total amount of the annual taxes to be abated by the City on the parcels within the Abatement area must at a minimum be equal to the principal amount of the Bonds, collected over a 10-year term. The term for the abatement levy is anticipated to be set at years 2023 through 2032. The City plans to certify a debt service levy to pay interest on the Bonds. Note: With the new debt issuance the City tax rate is projected to remain comparable with the 2022 tax rate, with an estimated 2% - 3% Tax Rate % change increase. OPTIONS: 1) Approve Resolution No. 2022-058 calling public hearing on Tax Abatement 2) Do not approve Resolution No. 2022-058 calling public hearing on Tax Abatement RECOMMENDATION: Motion to approve Resolution No. 2022-058: A Resolution calling public hearing on the Tax Abatement ATTACHMENTS: • Resolution No 2022-058 • Cooperative Cost Share Agreements LA515-108-797815.v1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2022-058 RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED PROPERTY TAX ABATEMENTS FOR THE PURPOSE OF ISSUING TAX ABATEMENT BONDS TO FINANCE CERTAIN PUBLIC IMPROVEMENTS WHEREAS, Minnesota Statutes, Sections 469.1812 through 469.1815, both inclusive (the “Act”), authorize the City of Lake Elmo, Minnesota (the “City”), upon satisfaction of certain conditions, to approve an abatement of all or a part of the taxes levied by the City on certain property; and WHEREAS, the City has determined it is the best interest of the City (i) to undertake financing certain public improvements including without limitation the CSAH 15/30th Street Signal and Ideal Avenue (CSAH 13) Phase 2 project with tax abatement bonds authorized by the Act and (ii) to authorize a property tax abatement with respect to various parcels of land that benefit from such public improvements; and WHEREAS, the Act requires the City to hold a public hearing prior to adoption of a resolution granting any property tax abatements: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota, as follows: 1. Hearing. A public hearing on the consideration of authorizing a property tax abatement in connection with the issuance of tax abatement bonds will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit A and hereby made a part hereof. 2. Notice. The City Clerk is hereby authorized and directed to cause notice of said hearing in substantially the form attached hereto as Exhibit A to be given one publication in a newspaper of general circulation in the City more than 10 days but less than 30 days before the hearing. The newspaper must be one of general circulation, interest and readership in the City, and must be published at least once per week. 2 LA515-108-797815.v1 The motion for the adoption of the foregoing resolution was duly seconded by member ________________ and, upon a vote being taken thereon after full discussion thereof, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. ___________________________ Mayor Attest: ___________________ City Clerk 3 LA515-108-797815.v1 STATE OF MINNESOTA ) ) ss WASHINGTON COUNTY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Lake Elmo, Minnesota (the “City”), by reason of my office as City Clerk, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to the calling of a public hearing on proposed property tax abatements. WITNESS my hand this _______ day of _______, 2022. __________________________________ City Clerk A-1 LA515-108-797815.v1 EXHIBIT A CITY OF LAKE ELMO NOTICE OF PUBLIC HEARING REGARDING PROPOSED PROPERTY TAX ABATEMENTS IN CONNECTION WITH THE ISSUANCE OF TAX ABATEMENT BONDS NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elmo, Minnesota (the “City”), will hold a public hearing on Tuesday, June 21, 2022, at a meeting of the City Council beginning on or after 7:00 p.m., Central Time, at the City Hall located at 3800 Laverne Avenue North in the City of Lake Elmo, Minnesota on the proposal to abate all or a portion of property taxes levied by the City on the following parcels (the “Abatement Parcels”): 1602921220005 1602921220017 1602921220010 0902921340004 2402921120037 1602921220006 1602921220018 0902921340018 0902921340003 2402921120038 1602921220007 1602921220032 0902921340017 0902921340002 2402921110011 1602921220008 1602921220021 0902921340016 0902921340001 2402921110012 1602921220009 1602921220022 0902921340015 2402921120023 2402921110013 1602921220011 1602921220023 0902921340011 2402921120024 2402921110014 1602921210001 1602921220024 0902921340012 2402921120025 2402921110015 1602921210002 1602921220025 0902921340013 2402921120026 2402921110016 1602921210003 1602921220026 0902921330015 2402921120027 2402921110017 1602921210004 1602921210015 0902921330016 2402921120028 2402921110018 1602921210005 1602921210016 0902921330017 2402921120029 2402921110019 1602921210007 1602921210017 0902921340005 2402921130008 2402921140006 1602921210008 1602921210018 0902921340006 2402921130009 2402921140007 1602921210006 1602921210019 0902921340007 2402921130010 2402921140008 1602921210009 1602921210020 0902921340008 2402921130011 2402921140009 1602921210010 1602921210021 0902921340009 2402921130012 2402921140010 1602921210011 1602921210022 0902921330013 2402921130013 2402921120030 1602921210012 1602921210023 0902921330012 2402921120039 2402921120031 1602921210013 1602921220027 0902921330011 2402921120040 2402921120032 1602921210014 1602921220028 0902921330010 2402921120041 2402921120033 1602921220012 1602921220029 0902921330009 2402921120042 2402921110010 1602921220013 1602921220030 0902921330014 2402921120034 2402921110009 1602921220014 1602921220031 0902921330020 2402921120035 2402921110008 1602921220015 1602921220016 0902921330008 2402921120036 2402921110007 The purpose of the proposed abatement is to undertake financing certain public improvements including without limitation the CSAH 15/30th Street Signal and Ideal Avenue (CSAH 13) Phase 2 project. At the public hearing, the Council will consider an abatement resolution under which the City will collect the City’s share of property taxes from the Abatement Parcels for a maximum of 10 years each, and use those revenues to pay for certain public improvements including without limitation A-1 LA515-108-797815.v1 the CSAH 15/30th Street Signal and Ideal Avenue (CSAH 13) Phase 2 project. The total amount of abatement is estimated not to exceed $1,010,000, representing the aggregate abatement dollars to be collected and transferred to the City over a maximum of 10 years. The proposed abatement bonds will not affect tax rates for the Abatement Parcels or otherwise impact taxation of the Abatement Parcels differently from other parcels in the City. All interested persons may appear at the public hearing on June 21, 2022, and present their views orally or prior to the meeting in writing. Page 1 of 6 COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND WASHINGTON COUNTY FOR CONSTRUCTION COST OF COUNTY STATE AID HIGHWAY (CSAH) 15 AND 30TH STREET THIS AGREEMENT, by and between the City of Lake Elmo a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County.” WITNESSETH: WHEREAS, the County intends to construct the intersection of County State Aid Highway (CSAH) 15 and 30th street from 700 feet west of CSAH 15 to 600 feet east of CSAH 15 in the City of Lake Elmo, Baytown Township, and West Lakeland Township. WHEREAS, items within the City of Lake Elmo are included in the Project require City cost participation in accordance with “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”; and WHEREAS, the City desires to use local funds for these improvements; and WHEREAS, the County desires to use local funds and State Aid for these improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction of these transportation improvements; and WHEREAS, the County is entering into separate Cost Share and Maintenance Agreements with the City of Lake Elmo and with Baytown Township, and West Lakeland Township to reflect their contribution to the project; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this Agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this Agreement, Exhibit A (Location Map) and Exhibit B (Estimated Cost Splits), and Exhibit C (Estimated Cost Splits Map). B. PLANS AND SPECIFICATION PREPARATION 1. The County shall be responsible for the preparation of all the plans and specifications for the Project, including but not limited to, compliance with all applicable standards and policies and obtaining all approvals required in formulating the bid specifications for all County and City components of this Project. 2. The following County project number has been assigned to the Project: SAP 082-615-042 (CSAH 15). 3. The following City project numbers have been assigned to the Project: 2021.114. WASHINGTON COUNTY CONTRACT NO. 14787 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE – END OF PROJECT Page 2 of 6 C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent rights of way, permanent easements, and temporary slope easements, which will be acquired in the name of the County. 2. Any rights of way, permanent easements, and temporary slope easements that cannot be obtained through negotiation will be acquired by the County through eminent domain proceedings. D. ADVERTISEMENT AND AWARD OF CONTRACT After plans and specifications have been approved by the County, all permits and approvals obtained, and acquisition of necessary rights-of-way and easements, the County shall advertise for construction bids and at the sole discretion of the County award the contract to the lowest responsible bidder subject only to the final consent of the City for costs relating to any elements for which the City is requested to pay. City consent shall be received at the first available council meeting following receipt from the County the updated Exhibit B and bid tabulations using actual contractor prices, and City consent may not be unreasonably conditioned, withheld, or delayed. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration, inspection, and for the observation and testing for all construction items. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS The City’s costs related to the Project will be determined in accordance with the “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”, which is incorporated into this Agreement by reference.. The City’s cost participation is set forth in Table 1 and is broken down into five categories which are: 1) Construction; 2) Design Engineering; 3) Construction Engineering/Contract Administration; 4) Right of Way; and 5) County-Furnished Material. 1. Construction Construction costs shall be the cost to construct the Project. The County has prepared a statement of estimated quantities and cost splits hereto attached as Exhibit B. The City shall pay to the County its share of the total cost as shown in Exhibit B and set forth in Table 1. After the County has awarded the construction contract, Exhibit B will be updated to reflect the actual contractor’s unit prices. 2. Design Engineering Design engineering costs shall be professional design engineering services, project coordination, preparation of plans and specification, stakeholder engagement, geotechnical studies, and other administrative functions necessary for the Project. Based on the City’s share of the construction cost, the City shall pay the prorated cost of design engineering for the entire Project as set forth in Table 1. After the County has awarded the construction contract, Exhibit B will be updated to reflect the actual design engineering cost. 3. Construction Engineering/Contract Administration Construction engineering/contract administration costs shall be construction observation, construction testing, construction administration, staking, conducting and recording the pre-bid, pre-construction and weekly construction meetings, reviewing monthly pay estimates, labor compliance, and other administrative functions necessary for the Project. Construction engineering/contract administration is 8% of the construction cost. The City shall pay 8% of the City’s share of the construction cost for construction engineering/contract administration as set forth in Table 1. After the County has awarded the construction contract, Exhibit B will be updated to reflect the estimated construction engineering/contract administration cost. 4. Right of Way Page 3 of 6 Right of Way costs shall be permanent right-of-way, permanent utility and/or drainage easements, temporary easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, and condemnation commissioner costs. If applicable, the City shall pay their share of the final right of way cost. The estimated amount is set forth in Table 1. 5. County-Furnished Material County-furnished material costs shall be items such as light poles, traffic signal control equipment, and street name signs which are separately procured outside of the construction contract and installed within the Project limits. The City shall pay their share of the final County-furnished material cost. The estimated amount is set forth in Table 1. 6. The costs and shares attributable to the City and payable to the County as shown in Table 1 are merely estimated and a final reconciliation of costs as set forth in Section G below shall be done at the end of the Project. Actual City costs and shares are based on the following: a. Construction shall be based on the contractor's unit prices and final quantities at Project completion including all contract changes. b. Design engineering shall be based on the contractor’s unit prices at the time of contract award. c. Construction engineering/contract administration shall be based on the contractor’s unit prices and final quantities at Project completion including all contract changes and liquidated damages. d. Right of way shall be based on the final costs to acquire right of way. e. County-furnished material shall be based on the final costs to acquire County-furnished material. G. PAYMENT 1. Construction and Construction Engineering/Contract Administration a. After the County has awarded the construction contract, the County shall update Exhibit B to conform the Exhibit to the amounts in the awarded bid and shall invoice the City 10 percent of the City's estimated construction and construction engineering/contract administration cost based on the updated Exhibit B. b. During construction, the County shall submit to the City partial estimates of work performed by the contractor. The City shall pay to the County its share of the partial estimate as determined in Section F. c. Upon substantial completion of the work the County shall submit to the City a final invoice and final reconciliation of costs. The reconciliation will add or subtract contract amendments to the City’s Project components, adjustments for liquidated damages pursuant to Section I., and previous TABLE 1 – ESTIMATED COSTS City of Lake Elmo Cost Summary ITEM TOTAL COST CITY SHARE CITY COST Construction $772,527.50 See Exhibit B $316,103.90 Design Engineering $278,286 41% of Design Engineering $114,097 Construction Engineering/Contract Administration $61,802 8% of Construction Cost Share $25,288 Right of Way $0 0% $0 County Furnished Material $165,800 25% $41,450 TOTAL ESTIMATED COST $1,241,982 $496,570 Page 4 of 6 Project cost payments made by the City to the County. d. The final invoice from the County to the City shall be submitted to the City no later than 12 months after substantial completion of the Project excluding contractor and/or County contested items or costs related to right of way condemnation process. With the final invoice the County shall report to the City a list of contractors contested items and outstanding right-of-way condemnation with estimated costs. The County shall submit to the City a final invoice related to contested items or costs related to right of way condemnation within 4 months of resolution of all items. 2. The costs set forth in Table 1 for design engineering and right of way shall be separate line items on the invoice and paid by the City on a reimbursable basis. 3. In the event that the City paid more in advance than the actual cost of the City’s portion of the Project, the County shall refund without interest the amount to the City. 4. The City shall pay 100 percent of an invoice amount within thirty (30) days of receipt. H. CONTRACT CHANGES Any modifications or additions to the final approved plans and/or specifications of the Project shall be made part of the construction contract through a written amendment to the construction contract and the cost for such changes shall be appropriated as set forth in Section F. of this Agreement. As the responsible party for construction administration, the County understands that the City’s project budget is limited and shall therefore endeavor to keep the City informed of project changes that may result in significant cost increases or budget overruns, including right-of-way acquisition costs. The County further understands that total costs appropriated to the City that exceed the City’s expected cost share in Row 6 of the updated Table 1 using actual contractor prices and appraised right-of-way offers, plus 10% contingency, require City concurrence from the City Administrator. If construction delays occur while waiting for City concurrence that lead to additional project costs, the city shall be responsible to cover these additional project costs. I. LIQUIDATED DAMAGES Any liquidated damages assessed to the contractor in connection with the work performed on the Project shall be used to adjust the project completion costs thus adjusting the City’s construction engineering/contract administration costs as stated in F.6.c. No adjustment to construction costs will be made to the City’s portion of the Project in the event of liquidated damages. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this Project through special assessment of County-owned property. K. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. L. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this Agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any Page 5 of 6 act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the County. It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this Agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker’s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. M. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this Agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this Agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). N. DATA PRACTICES All data collected, created, received, maintained, disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. O. TERM This Agreement shall remain in full force and effect until terminated by mutual Agreement of the parties. P. COUNTERPARTS This Agreement may be executed in counterparts. Q. SEVERABILITY If any provision or provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected. IN TESTIMONY WHEREOF the parties have duly executed this Agreement by their duly authorized officers. Page 6 of 6 WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mayor Date Board of Commissioners Kevin Corbid Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date H:\Projects\13000\13243\Design\Cost Estimates\ 13243a_Cost Estimate_SEQ_Transport_SpecYr_2020.xlsx SRF Consulting Group, Inc. ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST CSAH 15 30TH ST N INTERSECTION WASHINGTON COUNTY 5/9/2022 QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 2021.501 MOBILIZATION LUMP SUM $ 40,000.00 1 $ 40,000.00 0.4 $16,000.00 0.4 $16,000.00 0.1 $4,000.00 0.1 $4,000.00 2101.502 CLEARING EACH $ 250.00 9 $ 2,250.00 8 $2,000.00 0.5 $125.00 0.5 $125.00 2101.502 GRUBBING EACH $ 200.00 9 $ 1,800.00 8 $1,600.00 0.5 $100.00 0.5 $100.00 2101.505 CLEARING ACRE $ 6,500.00 0.3 $ 1,950.00 0.1 $650.00 0.1 $650.00 0.1 $650.00 2101.505 GRUBBING ACRE $ 5,500.00 0.3 $ 1,650.00 0.1 $550.00 0.1 $550.00 0.1 $550.00 2104.502 REMOVE DRAINAGE STRUCTURE EACH $ 500.00 1 $ 500.00 1 $500.00 2104.502 REMOVE SIGN EACH $ 100.00 4 $ 400.00 2 $200.00 1 $100.00 0.5 $50.00 0.5 $50.00 2104.502 SALVAGE SIGN EACH $ 100.00 3 $ 300.00 1 $100.00 1 $100.00 1 $100.00 2104.502 SALVAGE MAIL BOX SUPPORT EACH $ 1,000.00 3 $ 3,000.00 2 $2,000.00 0.5 $500.00 0.5 $500.00 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT $ 2.00 570 $ 1,140.00 350 $700.00 170 $340.00 25 $50.00 25 $50.00 2104.503 REMOVE PIPE CULVERTS LIN FT $ 15.00 176 $ 2,640.00 176 $2,640.00 2104.503 REMOVE CURB & GUTTER LIN FT $ 5.00 1330 $ 6,650.00 50 $250.00 1280 $6,400.00 2104.503 REMOVE CHAIN LINK FENCE LIN FT $ 12.00 680 $ 8,160.00 340 $4,080.00 340 $4,080.00 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD $ 12.00 20 $ 240.00 20 $240.00 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD $ 6.00 100 $ 600.00 60 $360.00 20 $120.00 20 $120.00 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD $ 3.00 4350 $ 13,050.00 710 $2,130.00 1920 $5,760.00 860 $2,580.00 860 $2,580.00 2104.518 REMOVE BITUMINOUS WALK SQ FT $ 2.00 5820 $ 11,640.00 240 $480.00 5580 $11,160.00 2104.518 REMOVE CONCRETE WALK SQ FT $ 8.00 80 $ 640.00 80 $640.00 2106.507 EXCAVATION - COMMON (P) CU YD $ 7.00 3996 $ 27,972.00 319 $2,233.00 2538 $17,766.00 526 $3,682.00 527 $3,689.00 2106.507 EXCAVATION - SUBGRADE (P) CU YD $ 8.00 712 $ 5,696.00 297 $2,376.00 239 $1,912.00 88 $704.00 88 $704.00 2106.507 SELECT GRANULAR EMBANKMENT (CV)(P) CU YD $ 12.00 1205 $ 14,460.00 317 $3,804.00 436 $5,232.00 226 $2,712.00 226 $2,712.00 2106.507 COMMON EMBANKMENT (CV)(P) CU YD $ 2.00 2520 $ 5,040.00 290 $580.00 878 $1,756.00 676 $1,352.00 676 $1,352.00 2111.519 TEST ROLLING ROAD STA $ 200.00 15 $ 3,000.00 2 $400.00 7 $1,400.00 3 $600.00 3 $600.00 2118.507 AGGREGATE SURFACING (CV) CLASS 1 MOD (P) CU YD $ 60.00 60 $ 3,600.00 10 $600.00 25 $1,500.00 25 $1,500.00 2211.507 AGGREGATE BASE (CV) CLASS 5 (P) CU YD $ 22.00 1660 $ 36,520.00 260 $5,720.00 790 $17,380.00 305 $6,710.00 305 $6,710.00 2301.602 DRILL & GROUT REINF BAR (EPOXY COATED)EACH $ 23.00 24 $ 552.00 12 $276.00 6 $138.00 3 $69.00 3 $69.00 (1) 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON $ 85.00 1440 $ 122,400.00 250 $21,250.00 560 $47,600.00 315 $26,775.00 315 $26,775.00 2451.507 FINE AGGREGATE BEDDING (CV)CU YD $ 42.00 16 $ 672.00 16 $672.00 2451.607 MEDIUM FILTER AGGREGATE (CV)CU YD $ 70.00 19 $ 1,330.00 1 $70.00 8 $560.00 5 $350.00 5 $350.00 2501.502 15" RC PIPE APRON EACH $ 1,200.00 3 $ 3,600.00 3 $3,600.00 2501.502 18" RC SAFETY APRON EACH $ 1,300.00 2 $ 2,600.00 2 $2,600.00 2501.602 TRASH GUARD FOR 15" PIPE APRON EACH $ 250.00 3 $ 750.00 3 $750.00 2502.503 4" PERF PVC PIPE DRAIN LIN FT $ 12.00 158 $ 1,896.00 79 $948.00 79 $948.00 2502.503 6" PERF PVC PIPE DRAIN LIN FT $ 14.00 169 $ 2,366.00 19 $266.00 150 $2,100.00 2503.503 15" RC PIPE SEWER CLASS V LIN FT $ 40.00 181 $ 7,240.00 20 $800.00 161 $6,440.00 2503.503 18" RC PIPE SEWER LIN FT $ 40.00 145 $ 5,800.00 145 $5,800.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH $ 800.00 2 $ 1,600.00 2.0 $1,600.00 2506.502 CASTING ASSEMBLY EACH $ 750.00 7 $ 5,250.00 2.0 $1,500.00 5 $3,750.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN G LIN FT $ 500.00 4.7 $ 2,350.00 5 $2,350.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-48 LIN FT $ 400.00 7.8 $ 3,120.00 7.8 $3,120.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SPEC 1 LIN FT $ 300.00 4.5 $ 1,350.00 4.5 $1,350.00 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT $ 300.00 14.9 $ 4,470.00 14.9 $4,470.00 2506.503 CONST DRAINAGE STRUCTURE DES 96-4020 LIN FT $ 1,800.00 7.7 $ 13,860.00 8 $13,860.00 2511.504 GEOTEXTILE FILTER TYPE 4 SQ YD $ 16.00 88.0 $ 1,408.00 26 $409.60 62.4 $998.40 2511.507 RANDOM RIPRAP CLASS III CU YD $ 70.00 23 $ 1,610.00 7 $490.00 16 $1,120.00 2521.518 6" CONCRETE WALK SQ FT $ 14.00 1520 $ 21,280.00 760 $10,640.00 370 $5,180.00 195 $2,730.00 195 $2,730.00 (5) 2521.518 3" BITUMINOUS WALK SQ FT $ 2.00 5720 $ 11,440.00 80 $160.00 5640 $11,280.00 2531.503 CONCRETE CURB & GUTTER DESIGN B624 LIN FT $ 28.00 1540 $ 43,120.00 90 $2,520.00 1450 $40,600.00 2531.504 8" CONCRETE DRIVEWAY PAVEMENT SQ YD $ 85.00 70 $ 5,950.00 70 $5,950.00 2531.618 TRUNCATED DOMES SQ FT $ 60.00 128 $ 7,680.00 64 $3,840.00 32 $1,920.00 16 $960.00 16 $960.00 2540.602 INSTALL MAIL BOX SUPPORT EACH $ 1,000.00 3 $ 3,000.00 2 $2,000.00 0.5 $500.00 0.5 $500.00 2554.502 GUIDE POST TYPE B EACH $ 80.00 7 $ 560.00 3 $240.00 4 $320.00 2557.503 WIRE FENCE DESIGN 60-9322 LIN FT $ 45.00 670 $ 30,150.00 335 $15,075.00 335 $15,075.00 (2) 2563.601 TRAFFIC CONTROL LUMP SUM $ 25,000.00 1 $ 25,000.00 0.4 $10,000.00 0.4 $10,000.00 0.1 $2,500.00 0.1 $2,500.00 (6) 2563.613 PORTABLE CHANGEABLE MESSAGE SIGN UNIT DAY $ 100.00 60 $ 6,000.00 60 $6,000.00 2564.502 INFILTRATION AREA MARKER X3-6A EACH $ 110.00 2 $ 220.00 1 $110.00 1 $110.00 2564.602 INSTALL SIGN EACH $ 700.00 3 $ 2,100.00 1 $700.00 1 $700.00 1 $700.00 2564.618 SIGN SQ FT $ 50.00 79 $ 3,950.00 18 $900.00 27 $1,350.00 17 $850.00 17 $850.00 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM LUMP SUM $ 7,000.00 1 $ 12,000.00 0.5 $3,500.00 0 $1,750.00 0.25 $1,750.00 (4) 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM SYSTEM $ 134,000.00 1 $ 134,000.00 0.5 $67,000.00 0 $33,500.00 0.25 $33,500.00 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM $ 3,000.00 1 $ 3,000.00 0.6 $1,800.00 0.2 $600.00 0.1 $300.00 0.1 $300.00 2573.502 STORM DRAIN INLET PROTECTION EACH $ 200.00 8 $ 1,600.00 2 $400.00 6 $1,200.00 2573.502 CULVERT END CONTROLS EACH $ 200.00 3 $ 600.00 1 $200.00 1 $200.00 1 $200.00 2573.503 SILT FENCE, TYPE MS LIN FT $ 2.50 2300 $ 5,750.00 200 $500.00 1700 $4,250.00 200 $500.00 200 $500.00 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LIN FT $ 3.00 1010 $ 3,030.00 160 $480.00 490 $1,470.00 180 $540.00 180 $540.00 NON PARTICIPATING TOTALITEM DESCRIPTION UNIT ROADWAY UNIT COST SP 082-615-042 ITEM NO.NOTES NON PARTICIPATING WASHINGTON COUNTYCSAH 15 CITY OF LAKE ELMO LOCAL FUNDS WEST LAKELAND TOWNSHIP LOCAL FUNDS BAYTOWN TOWNSHIP LOCAL FUNDS PAGE 1 OF 2 Exhibit B H:\Projects\13000\13243\Design\Cost Estimates\ 13243a_Cost Estimate_SEQ_Transport_SpecYr_2020.xlsx SRF Consulting Group, Inc. ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST CSAH 15 30TH ST N INTERSECTION WASHINGTON COUNTY 5/9/2022 QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT NON PARTICIPATING TOTALITEM DESCRIPTION UNIT ROADWAY UNIT COST SP 082-615-042 ITEM NO.NOTES NON PARTICIPATING WASHINGTON COUNTYCSAH 15 CITY OF LAKE ELMO LOCAL FUNDS WEST LAKELAND TOWNSHIP LOCAL FUNDS BAYTOWN TOWNSHIP LOCAL FUNDS 2574.505 SUBSOILING ACRE $ 500.00 0.4 $ 200.00 0 $50.00 0.1 $50.00 0.1 $50.00 0.1 $50.00 2574.505 SOIL BED PREPARATION ACRE $ 400.00 1.9 $ 760.00 0.3 $120.00 0.6 $240.00 0.5 $200.00 0.5 $200.00 2574.507 FILTER TOPSOIL BORROW CU YD $ 40.00 415 $ 16,600.00 40 $1,600.00 203 $8,120.00 86 $3,440.00 86 $3,440.00 (3) 2574.508 FERTILIZER TYPE 3 POUND $ 1.00 400 $ 400.00 80 $80.00 140 $140.00 90 $90.00 90 $90.00 (3) 2574.508 FERTILIZER TYPE 4 POUND $ 2.00 60 $ 120.00 10 $20.00 40 $80.00 5 $10.00 5 $10.00 (3) 2575.504 ROLLED EROSION PREVENTION CATEGORY 25 SQ YD $ 2.50 8750 $ 21,875.00 1470 $3,675.00 2910 $7,275.00 2185 $5,462.50 2185 $5,462.50 2575.505 SEEDING ACRE $ 175.00 1.9 $ 332.50 0.3 $52.50 0.6 $105.00 0.5 $87.50 0.5 $87.50 (3) 2575.505 WEED SPRAYING ACRE $ 125.00 1.1 $ 137.50 0.2 $25.00 0.3 $37.50 0.3 $37.50 0.3 $37.50 (3) 2575.506 WEED SPRAY MIXTURE GALLON $ 85.00 0.7 $ 59.50 0.1 $8.50 0.2 $17.00 0.2 $17.00 0.2 $17.00 (3) 2575.508 SEED MIXTURE 25-131 POUND $ 5.00 130 $ 650.00 30 $150.00 100 $500.00 (3) 2575.508 SEED MIXTURE 33-261 POUND $ 30.00 30 $ 900.00 10 $300.00 10 $300.00 5 $150.00 5 $150.00 (3) 2575.508 SEED MIXTURE 35-221 POUND $ 25.00 50 $ 1,250.00 25 $625.00 25 $625.00 2575.523 WATER M GALLON $ 50.00 105 $ 5,250.00 18 $900.00 35 $1,750.00 26 $1,300.00 26 $1,300.00 (3) 2575.523 RAPID STABILIZATION METHOD 3 M GALLON $ 375.00 11 $ 4,125.00 3 $1,125.00 4 $1,500.00 2 $750.00 2 $750.00 2582.503 6" SOLID LINE MULTI COMP LIN FT $ 1.00 3220 $ 3,220.00 130 $130.00 1440 $1,440.00 825 $825.00 825 $825.00 2582.503 24" SOLID LINE MULTI COMP LIN FT $ 16.00 100 $ 1,600.00 70 $1,120.00 15 $240.00 15 $240.00 2582.503 4" DBLE SOLID LINE MULTI COMP LIN FT $ 1.50 2290 $ 3,435.00 40 $60.00 1140 $1,710.00 555 $832.50 555 $832.50 2582.518 PAVT MSSG PREF THERMO GR IN SQ FT $ 27.00 93 $ 2,511.00 31 $837.00 31 $837.00 31 $837.00 2582.518 CROSSWALK PREF THERMO GR IN SQ FT $ 15.00 770 $ 11,550.00 770 $11,550.00 TOTAL $ 772,527.50 $ 175,365.00 $ 67,667.60 $ 316,103.90 $ 98,116.00 $ 98,123.00 NOTES : (P) (1) (2) (3) (4) (5) (6)TO BE USED AT THE DISCRECTION OF THE ENGINEER. MIX DESIGN SPWEB340C. DENOTES PLAN QUANTITY. BITUMINOUS QUANTITIES BASED ON UNIT WEIGHT OF 113 POUNDS PER SQUARE YARD PER INCH. INCLUDES ALL ITEMS FOR TRAFFIC CONTROL DETOURS, STAGES AND OTHER ITEMS AS DEEMED NECESSARY SEE CONTRUCTION/SOILS NOTES FOR DESCRIPTION REQUIREMENTS. PAY ITEM DOES NOT INCLUDE THE COST OF THE CONTROLLER, CABINET AND APS PUSH BUTTONS (COUNTY FURNISHED). PAGE 2 OF 2 Exhibit B Exhibit C 1 STAFF REPORT DATE: 6/7/2022 REGULAR TO: City Council FROM: Molly Just, Planning Director AGENDA ITEM: Comprehensive Plan Amendments – MUSA Boundary Change, Update to City’s Wastewater Facilities and Land Use Plans – (34th Street and Ideal Avenue) BACKGROUND: The subject property is a portion of the land the City received from 3M in 2019 as part of a legal settlement. Based on the location of the property and with prime access to the highway system the City Council voted and took steps to take advantage of the opportunity to develop the property to its potential and contribute positively to the tax base in Lake Elmo. On June 2nd 2020 the City Council approved the necessary Comprehensive Plan amendments to achieve this objective for the 65 acres south of 34th Street. On April 5, 2022 the City Council directed staff to pursue, through the Planning Commission, the subject amendments on the approximately 110 acres on the north side of 34th Street. The City will then pursue sale and development of the property consistent with the subject Comprehensive Plan amendments. These land use and sewer plan changes, however, require City Council and Metropolitan Council approval of several changes to the 2040 Comprehensive Plan. The changes are required because this part of Lake Elmo is not included in the MUSA nor had the City included this area in the Wastewater calculations in the 2040 Comprehensive Plan. The proposed comprehensive plan amendments require a 4/5th affirmative vote by the City Council and approval by the Metropolitan Council. ISSUE BEFORE THE CITY COUNCIL: Should the City amend the land use designations of the subject property and expand the MUSA Boundary and other relevant sections and elements of the 2040 Comprehensive Plan in order to achieve the desired objectives? PROPOSAL DETAILS/ANALYSIS: The decision to change or amend the Comprehensive Plan is a policy matter for the Planning Commission to make a recommendation on to the City Council. The City should base any change to the Comprehensive Plan on findings and criteria to show that the change would be consistent with the goals and policies of the City. Such criteria may include that proposed Comprehensive Plan amendment would be consistent with the spirit and intent of the Comprehensive Plan and it would be beneficial to existing and future residents by providing another location for commercial and business park development on a site with access on an arterial roadway. 2 Comprehensive Plan Amendments Amendment to Land Use Designations of the Future Land Use Plan. The proposed land use designation changes are as follows: • 11.5 acres from Parks to Institutional for the City of Lake Elmo Public Works Department; • 72 acres from RAD (rural area development) to BP (business park); • 14 acres from RAD (rural area development) to LDR (low density residential); • 8 acres from RAD (rural area development) to Park; and • 4.7 acres from RAD (rural area development) to Commercial. Amendment to the MUSA Boundary. The MUSA Boundaries for the sanitary sewer service areas in the City of Lake Elmo are depicted on the attached maps from the 2040 Comprehensive Plan. The subject property is not now included in the MUSA. The City needs to change the MUSA boundary on all relevant maps in the Comprehensive Plan in order for the property to be eligible to have municipal sanitary sewer when it develops. Amendment to Wastewater Services and Facilities Plan. The City also will need to amend the Wastewater Services and Facilities Plan in the 2040 Comprehensive Plan to accommodate sewered-development on this site. As part of the amendment process, the City will need to amend several tables in the Comprehensive Plan to show the additional properties connected to the sanitary sewer system. PUBLIC COMMENT: A hearing notice was published in the Stillwater Gazette on May 13, 2022. Mailed notices to owners of property within 350’ of the site were delivered to the Post Office prior to that date. Staff received no comments from the public on the proposed amendments. At their May 23, 2022 meeting, the Planning Commission conducted a public hearing. There were two members of the public who spoke. 1. Geraldine Breheim (8415 38th St N) stated that she would want the north side original land buffer lines and original trees to be kept. 2. Adam Ghormley (8261 38th St N) stated the he would ask that the trees stay, and he offered to buy the 40’ beyond his property to be able to keep the buffer /trees. He also stated that a business park designation is a poorly chosen designation. Commissioners noted that the amount of business park development proposed is too intense for this area, is not a benefit to the City, and that the Planning Commission previously endorsed more parks development on this property. After some discussion and consideration, the Planning Commission voted to recommend approval of only the amendment to add the subject property to the MUSA, presuming a less intense use of the property. A motion to recommend approval of the subject amendments to the Future Land Use Plan to reguide the property to the proposed land use designations failed. (Vote: 2-4 (Commissioners Graen, Mueller, Rehkamp, Vrieze – Nay) 3 Recommended Findings – Comprehensive Plan Amendment. Staff recommends the following findings: 1. That the City Council has submitted a request to the City of Lake Elmo to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and the Lake Elmo City Code; and 2. That the request is to expand the MUSA and amend the Future Land Use Designation for the approximately 110 acres of City-owned land located on the north side of 34th Street and east of Ideal Avenue from: • 11.5 acres from Parks to Institutional for the City of Lake Elmo Public Works Department; • 72 acres from RAD (rural area development) to BP (business park); • 14 acres from RAD (rural area development) to LDR (low density residential); • 8 acres from RAD (rural area development) to Park; and • 4.7 acres from RAD (rural area development) to Commercial. 3. That the request is to amend text, maps and tables in the City’s Water Services and Facilities Plan to accommodate the expanded sanitary sewer area. 4. That the proposed amendments are consistent with the overall goals and objectives of the Lake Elmo Comprehensive Plan by providing additional areas for commercial and business park development; and 5. That the City believes the proposed land use designations are the highest and best use of the property; and 6. That the proposed Comprehensive Plan Amendments would be beneficial by providing another location for commercial and business park uses on an arterial street not currently available in Lake Elmo. Staff recommends the following condition of approval: 1. Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that they have reviewed and approved the proposed amendments. FISCAL IMPACT: None. There is no impact to amending the Comprehensive Plan. The cost of developing the subject property consistent with the proposed amendments would be borne by the developer of the property. The City would benefit from the expanded commercial tax base. RECOMMENDATIONS: Staff recommends approval of an amendment to the Future Land Use Plan of the Comprehensive Plan, re-guiding the aforementioned City-owned property in accordance with the listed findings, based on the recommended findings and condition of approval. “Motion to adopt a resolution approving the subject amendments to the Future Land Use Plan re-guiding approximately 110 acres of City-owned land located north of 34th Street and east of Ideal Avenue to the land use designations listed in the listed findings, based on the recommended findings and condition of approval.” 4 The above motion failed at the Planning Commission (Vote 2-4, Motion Failed (Commissioners Graen, Mueller, Rehkamp, Vrieze – Nay)) Additionally, Staff recommend and the Planning Commission recommend approval of any necessary amendments to the Land Use Plan and to the Wastewater Services and Facilities Plan of the 2040 Comprehensive Plan by adding the approximately 110 acres of City-owned property on the north side of 34th Street and east of Ideal Avenue to the City’s sanitary sewer area. “Motion to adopt a resolution approving the necessary amendments to the 2040 Lake Elmo Comprehensive Plan (including those to the Land Use Plan, MUSA boundaries and Wastewater Services Plan) to add the approximately 110 acres of City owned land located north of 34th Street and east of Ideal Avenue to the City’s sanitary sewer area and authorize City staff to submit the proposed Comprehensive Plan Amendments to the Metropolitan Council.” City staff is recommending these changes based on the findings listed in the staff report and is subject to the condition listed in the staff report. ATTACHMENTS: Comprehensive Plan Pages: Existing & Proposed MUSA Map Page 3-11 Existing Future Land Use Map Page 3-17 Proposed Future Land Use Map Existing & Proposed MUSA Growth & Phasing Plan Page 3-24 Existing and Proposed Future Sanitary Sewer System Page 9-5 Revised Population & Household Projections Table 3-4 Table 9-2 Table 9-3 and Table 9-4 Resolution 2022-059 approving amendments to the Land Use Map Resolution 2022-060 approving amendment to the MUSA Boundaries and Wastewater Services Elements. !!!! !!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 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Oakdale Inwood Avenue North10th Street North 5th Street North Eagle Point BoulevardLakeOlson Lake Jane LakeElmo Sunfish Lake EaglePoint Lake DownsLake 0 1800 3600 5400 7200 Ft ´ Existing Land Use Map ExistingLand Use Map Date: May, 2022 Planned Roadway (Parkway)MUSA Boundary C Closed Landfill Institutional ParkBP LB V-HDR V-MU PSP ROW AP RAD RSF RSFS GC LDR MDR HDR MU-BP MU-C V-LDR V-MDR Proposed MUSAAddition LakeDeMontreville Lake Jane LakeOlson SunfishLake Lake Elmo DownsLake HorseshoeLake RoseLakeGooseLake Eagle PointLake !!!! !!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 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Oakdale Inwood Avenue North10th Street North 5th Street North Eagle Point BoulevardLakeOlson Lake Jane LakeElmo Sunfish Lake EaglePoint Lake DownsLake 0 1800 3600 5400 7200 Ft ´ Future Land Use Map 2040 FutureLand Use Map Date: May, 2022 Planned Roadway (Parkway)MUSA Boundary C Closed Landfill Institutional ParkBP LB V-HDR V-MU PSP ROW AP RAD RSF RSFS GC LDR MDR HDR MU-BP MU-C V-LDR V-MDR Proposed MUSAAddition LakeDeMontreville Lake Jane LakeOlson SunfishLake Lake Elmo DownsLake HorseshoeLake RoseLakeGooseLake Eagle PointLake Inwood Avenue North10th Street North 5th Street North Eagle Point BoulevardLakeOlsonLake Jane LakeElmo Sunfish Lake E a gle P oint L a k e DownsLake 0 1800 3600 5400 7200 Ft ´ Map 3-7 MUSA Growth & Phasing Plan 2040 Future Land Use MUSA Boundary Planned Roadway (Parkway) Staging/Phase Timeline Map Date: May 2022 Proposed MUSAAddition Current (2020)2020 - 2030 2030 - 2040 2035 - 2040 + City of Woodbury City of Oakdale West LakelandTownship Baytown Township City ofOak ParkHeights City of GrantCity ofPine Springs StillwaterTownship City ofAfton EXISTING LAKE ELMO MUSA AREAS FCreated By: Planning DepartmentMap Date: May 2022 0 10.5 Miles DOWNSLAKE LAKE ELMO LAKE JANE SUNFISH LAKE OLSONLAKE LAKE DEMONTREVILLE CLEARLAKE HORSESHOELAKE ROSELAKE KRAMERLAKE GOOSELAKE ARMSTRONGLAKE EAGLE POINTLAKE VERONICAPOND GOETSCHEL'SPOND Map 3-2. 2018 - 2040 MUSA MUSA Area Proposed MUSAAddition WEST PLANNING AREA (MUSA) VILLAGE PLANNING AREA (MUSA) SOUTH PLANNING AREA (MUSA) City of Woodbury City of Oakdale West LakelandTownship Baytown Township City ofOak ParkHeights City of GrantCity ofPine Springs StillwaterTownship City ofAfton EXISTING & FUTURE SANITARY SEWER SYSTEM F Created By: Planning DepartmentMap Date: January 2021 0 10.5 Miles DOWNSLAKE LAKE ELMO LAKE JANE SUNFISH LAKE OLSONLAKE LAKE DEMONTREVILLE CLEARLAKE HORSESHOELAKE ROSELAKE KRAMERLAKE GOOSELAKEARMSTRONGLAKE EAGLE POINTLAKE VERONICAPOND GOETSCHEL'SPOND Royal GolfLift StationService Area #1 Royal GolfLift StationService Area #2 Royal GolfLift StationService Area #3 Kramer LakeLift StationService Area 5th StreetLift StationService AreaKeatsLift StationService Area I-94Lift StationService Area LisbonLift StationService Area OakdaleService Connection OakdaleMCES Connection Cottage GroveRavineMCES Connection Future Trunk Sewer MainFuture Lift Station Existing Sewer Main Map 9-1 Existing and Future Sanitary Sewer System OV-5 OV-4`_ OV-3 OV-2OV-1 SE-3SE-4 SE-2 SE-1 SW-4SW-3SW-2 SW-1 SW-5 SE-5 SE-6 RG-3 RG-2 RG-1 `_ `_ `_ `_`_ `_`_`_`_ `_Capacity Reference PointExisting Lift Station Future Force Main Old Village MUSAOlson Lake MUSA Existing Force Main 5 4 3 2 1 54321 I-94 Lift Station Keats Ave Lift Station Royal Golf South Lift Station Royal Golf North Lift Station Lisbon Lift Station South West MUSA South East MUSA West PlanningArea West MUSA OakdaleMCES Connection 3-21 LAND USE City of Lake Elmo Comprehensive Plan 2040 Revised Population & Household Projections As noted in Table 3-3 the number of households, and thus the corresponding projected population, is consistent with the revised forecasts for the City as agreed to with the Metropolitan Council in June of 2019. As denoted in subsequent sections of this Chapter and the Sanitary Sewer Chapter, the City’s infrastructure may need additional improvements to its infrastructure to serve the entire MUSA area depending on the ultimate commercial and/or business user and density of the residential neighborhoods. Thus capacity of the infrastructure within later staging areas will need to be evaluated, and development approvals contingent on appropriate system upgrades. Regardless, this Plan identifies and guides all land within the MUSA with an urbanized land use designation. Table 3-4. Revised Population & Household Projections 2020 2030 2040 Population Unsewered 6,502 7,319 7,457 Population Sewered 4,518 10,686 14,847 Total Population 11,020 18,005 22,304 Households Unsewered 2,242 2,642 2,742 Households Sewered 1,558 3,858 5,458 Total Households 3,800 6,500 8,200 Source: Metropolitan Council, SHC, City of Lake Elmo Table 9-3. Projections by Sewer REC Units REC Units Average Day Projected Flow (MGD) Peak Day Projected Flow (GPM) REC Units Average Day Projected Flow (MGD) Peak Day Projected Flow (GPM) Old Village MUSA 930 0.25 655 Southeast Planning MUSA 150 0.04 114 Southwest Planning MUSA 821 0.22 594 TOTALS 821 0.22 594 1,080 0.30 740 REC Units Average Day Projected Flow (MGD) Peak Day Projected Flow (GPM) REC Units Average Day Projected Flow (MGD) Peak Day Projected Flow (GPM) Old Village MUSA 1,988 0.54 1,286 Southeast Planning MUSA 437 0.12 324 Southwest Planning MUSA 1,821 0.50 1,178 West Central Planning MUSA 267 0.07 203 TOTALS 2,088 0.57 1,351 2,425 0.66 1,523 REC Units Average Day Projected Flow (MGD) Peak Day Projected Flow (GPM) REC Units Average Day Projected Flow (MGD) Peak Day Projected Flow (GPM) Old Village MUSA 2,218 0.61 1,435 Southeast Planning MUSA 1,383 0.38 947 Southwest Planning MUSA 2,290 0.63 1,482 West Central Planning MUSA 267 0.07 203 TOTALS 2,557 0.70 1,606 3,601 0.99 2,193 MCES WONE Interceptor/Oakdale MCES Cottage Grove Ravine Interceptor Current (2020) Wastewater Flows by Interceptor 2020-2030 Wastewater Flows by Interceptor MCES WONE Interceptor/Oakdale MCES Cottage Grove Ravine Interceptor 2030-2040 Wastewater Flows by Interceptor MCES WONE Interceptor/Oakdale MCES Cottage Grove Ravine Interceptor Table 9-4. Projected Flows for Each MCES Interceptor Service Area Year WONE Cottage Grove Year WONE Cottage Grove 2020 0.22 0.30 2020 594 740 2030 0.57 0.66 2030 1,351 1,523 2040 0.70 0.99 2040 1,606 2,193 Average Day Projected Wastewater Flows by Interceptor (MGD) Peak Day Projected Wastewater Flows by Interceptor (GPM) Revised 06‐07‐2022 (includes the Heritage Farms; Tapestry; Potts and Wier Amendments) (with proposed West MUSA Area‐ Oakdale Sewer connection amendment) Forecast Year Population Households Employment 0 0 623 8,061 2,776 1,318 4,997 1,723 5,284 6,024 2,077 562 11,489 4,140 6,534 7,002 2,533 562 2030 Total 18,490 6,673 7,096 15,325 5,623 6,984 Unsewered 7,142 2,633 562 22,466 8,256 7,546 2020 MCES Sewered Unsewered Table 9‐2. Population Forecasts for Lake Elmo Forecast Component 2010 MCES Sewered Unsewered 2030 MCES Sewered Unsewered 2040 MCES Sewered Total CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-059 A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF LAKE ELMO COMPREHENSIVE LAND USE PLAN REGUIDING APPROXIMATELY 110 ACRES OF CITY- OWNED PROPERTY LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 14 AND IDEAL AVENUE. 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 of Lake Elmo has established a Comprehensive Plan that includes background data, policy statements, standards, and maps that help to guide the future physical, social, and economic development of the City; and WHEREAS, the City’s Land Use Plan currently guides the approximately 110 acres of City-owned property located at the northeast corner of County Road 14 and Ideal Avenue RAD (rural area development) and Park; and WHEREAS, the Lake Elmo Comprehensive Plan describes the rural area development land use designation as inclusive of large-lot rural single-family detached residential uses and future conventional subdivisions and is for areas not within MUSA planning areas and the park land use designation as land used for public recreation and protected open space managed for park uses; and WHEREAS, the City Council directed City-staff to process a Comprehensive Plan Amendment and a Land Use Plan change for the approximately 110 acres of City-owned property located at the northeast corner of County Road 14 and Ideal Avenue as follows: • 11.5 acres from Park to Institutional for the City of Lake Elmo Public Works Department; • 72 acres from RAD (rural area development) to BP (business park); • 14 acres from RAD (rural area development) to LDR (low density residential); • 8 acres from RAD (rural area development) to Park; and • 4.7 acres from RAD (rural area development) to Commercial; and WHEREAS, the notice to re-guide the approximately 110 acres of City-owned property located at County Road 14 and Ideal Avenue has been published, mailed, and posted pursuant to the Lake Elmo City Code and MN State Statute 473.858; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on the matter on May 23, 2022; and WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation to the City Council; and NOW, THEREFORE, based on the testimony elicited and the information received, the City makes the following findings: Findings 1. That the City Council has submitted a request to the City of Lake Elmo to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and the Lake Elmo City Code; and 2. That the request is to expand the MUSA and amend the Future Land Use Designation for the approximately 110 acres of City-owned land located on the north side of 34th Street and east of Ideal Avenue from: • 11.5 acres from Parks to Institutional for the City of Lake Elmo Public Works Department; • 72 acres from RAD (rural area development) to BP (business park); • 14 acres from RAD (rural area development) to LDR (low density residential); • 8 acres from RAD (rural area development) to Park; and • 4.7 acres from RAD (rural area development) to Commercial. 3. That the request is to amend text, maps and tables in the City’s Water Services and Facilities Plan to accommodate the expanded sanitary sewer area. 4. That the proposed amendments are consistent with the overall goals and objectives of the Lake Elmo Comprehensive Plan by providing additional areas for commercial and business park development; and 5. That the City believes the proposed land use designations are the highest and best use of the property; and 6. That the proposed Comprehensive Plan Amendments would be beneficial by providing another location for commercial and business park uses on an arterial street not currently available in Lake Elmo. NOW, THEREFORE, BE IT RESOLVED that based on the foregoing, the Lake Elmo City Council does hereby approve the Lake Elmo Comprehensive Plan Amendment, amending the City’s Land Use Plan by re-guiding the approximately 110 acres of City-owned property located at the northeast corner of County Road 14 and Ideal Avenue from Rural Area Development (RAD) and Park as follows: • 11.5 acres from Parks to Institutional for the City of Lake Elmo Public Works Department; • 72 acres from RAD (rural area development) to BP (business park); • 14 acres from RAD (rural area development) to LDR (low density residential); • 8 acres from RAD (rural area development) to Park; and • 4.7 acres from RAD (rural area development) to Commercial. and authorize City staff to submit all the proposed Comprehensive Plan Amendments to the Metropolitan Council for review, subject to and contingent upon the following: 1. The Metropolitan Council’s approval of the Comprehensive Plan Amendment. This resolution was adopted by the City Council of the City of Lake Elmo on this 7th day of June, 2022. _____________________________ Charles Cadenhead, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022- 060 A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF LAKE ELMO COMPREHENSIVE PLAN TEXT AND MAPS INCLUDING AMENDING THE MUSA BOUNDARY TO INCLUDE THE CITY-OWNED PROPERTY LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 14 AND IDEAL AVENUE AND AMENDING THE WASTEWATER SERVICES PLAN. 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 of Lake Elmo has established a Comprehensive Plan that includes background data, policy statements, standards, and maps that help to guide the future physical, social, and economic development of the City; and WHEREAS, the City Council directed City staff to prepare a Comprehensive Plan Amendment for the approximately 110 acres of City-owned property located at the northeast corner of County Road 14 and Ideal Avenue: and WHEREAS, the proposed changes to the land use designations would be as follows: • 11.5 acres from Parks to Institutional for the City of Lake Elmo Public Works Department; • 72 acres from RAD (rural area development) to BP (business park); • 14 acres from RAD (rural area development) to LDR (low density residential); • 8 acres from RAD (rural area development) to Park; and • 4.7 acres from RAD (rural area development) to Commercial. WHEREAS, the development of the site consistent with the proposed land use changes will require the extension of municipal services (sanitary sewer and water) to the property; and WHEREAS, the extension of sanitary sewer to the City-owned property located at the northeast corner of County Road 14 and Ideal Avenue requires amendments to the Metropolitan Urban Services Area (MUSA) boundary, the Wastewater Services and Facilities Plan and to the land use map in the Lake Elmo Comprehensive Plan; WHEREAS, the City has prepared a map of the proposed MUSA expansion showing the affected properties to be added to the MUSA of the City; and WHEREAS, the City has prepared amendments to the Wastewater Services and Facilities Plan and to the Land Use Map that reflect the addition of the approximately 110 acres of land to the sanitary sewer service area in Lake Elmo; and WHEREAS, the notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 105.12.250, and MN State Statute 473.858; and WHEREAS, the Lake Elmo Planning Commission held a public hearing about the proposed Comprehensive Plan amendments on May 23, 2022; and WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation of approval of the proposed Comprehensive Plan Amendments to the City Council; and WHEREAS, the City Council considered the said matter at its June 7, 2022 meeting; and NOW, THEREFORE, based on the testimony elicited and the information received, the City makes the following: Findings 1. That the City Council has submitted a request to the City of Lake Elmo to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and the Lake Elmo City Code; and 2. That the request is to expand the MUSA and amend the Future Land Use Designation for the approximately 110 acres of City-owned land located on the north side of 34th Street and east of Ideal Avenue from: • 11.5 acres from Parks to Institutional for the City of Lake Elmo Public Works Department; • 72 acres from RAD (rural area development) to BP (business park); • 14 acres from RAD (rural area development) to LDR (low density residential); • 8 acres from RAD (rural area development) to Park; and • 4.7 acres from RAD (rural area development) to Commercial. 3. That the request is to amend text, maps and tables in the City’s Water Services and Facilities Plan to accommodate the expanded sanitary sewer area. 4. That the proposed amendments are consistent with the overall goals and objectives of the Lake Elmo Comprehensive Plan by providing additional areas for commercial and business park development; and 5. That the City believes the proposed land use designations are the highest and best use of the property; and 6. That the proposed Comprehensive Plan Amendments would be beneficial by providing another location for commercial and business park uses on an arterial street not currently available in Lake Elmo. NOW, THEREFORE, BE IT RESOLVED that based on the foregoing, the Lake Elmo City Council does hereby approve the necessary Lake Elmo Comprehensive Plan Amendments for the approximately 110 acres of City-owned property located at northeast corner of County Road 14 and Ideal Avenue including the expansion the MUSA and amending the Wastewater Services Plan and authorize City staff to submit all the proposed Comprehensive Plan Amendments to the Metropolitan Council for review, subject to and contingent upon the following: 1. The Metropolitan Council’s approval of the Comprehensive Plan Map Amendment. This Resolution was adopted by the City Council of the City of Lake Elmo on this 7th day of June, 2022. _____________________________ Charles Cadenhead, Mayor ATTEST: _____________________________ Julie Johnson, City Clerk STAFF REPORT DATE: 06/7/2022 REGULAR TO: City Council FROM: Sophia Jensen, Code Enforcement Official Molly Just, Planning Director AGENDA ITEM: Text Amendments to the Zoning Ordinance – Fencing Regulations, Swimming Pools; Generally, Required Screening INTRODUCTION: City of Lake Elmo Planning Staff has initiated three text amendments to City Code Title 105 Zoning as follows: • Title 105 Zoning; Chapter 105.12: Zoning Code, Section 400 Fencing Regulations – Formalize a required fencing setback from City pipelines and storm drains. No fences will be permitted to parallel a pipeline within 10 feet on either side. Fences that intersect a pipeline may be permitted with a gate or removable panel equal to 10 feet. No fencing is permitted within 10 feet from a storm drain. This change would align code with best practice for utility maintenance and emergency access and is recommended by Public Works, Building Department, and Planning staff. • Title 105 Zoning; Chapter 105.08: Building Regulations Code, Section 160 Swimming Pools; Generally – The addition of land cover definitions as it relates to pools. The proposed change would deem the water surface of pools as pervious surface. Other pool features, such as pool apron and pool equipment, are deemed impervious surface. This change would align with City practice. • Title 105 Zoning; Chapter 105: 04 General Provisions, Section 040 Required Screening –There are no changes to substance, simply to a code reference. This change would align code with its intended section reference. ISSUE BEFORE THE CITY COUNCIL: Should the City Council adopt the staff proposed text amendments to the City Code that are intended to provide transparency and clarity in the areas of fencing, impervious surface, and required screening? TEXT AMENDMENT DETAILS/ANALYSIS: 1. FENCING REGULATIONS 105.12.400(a) B. Permit required. No permanent fence shall be erected without first obtaining a fence permit. Application shall be made to the planning director or their designee. The fee shall be established by the city's fee schedule. The planning director or their designee is authorized to issue a fence permit if the application indicates that the fence will be in 2 compliance with this section. The board of adjustment and appeals shall hear and decide appeals when it is alleged that the planning director was in error. The appeals shall follow the procedure outlined in LEC 3.08.010. *** FENCING REGULATIONS 105.12.400(d) D. General requirements. All fences erected in the city are subject to the following requirements: 1. Maintenance. All fences shall be properly maintained with respect to appearance and safety. Fences that remain in a state of disrepair for an extended period of time shall constitute a nuisance per LEC 9.28.030. 2. Face of fence. The finished side of any fence or wall must face abutting property or street rights-of-way. 3. Fence materials. Permitted fence materials shall be limited to brick, stone, wood, wrought iron, vinyl, composite material, steel, aluminum, chain link, and in cases of temporary fencing only, materials that are consistent with temporary fencing as regulated under subsection (f) of this section. 4. Traffic obstruction. No fence or wall shall obstruct a motorist's or a pedestrian's safe view from the driveway or street. 5. Location. 1. Fences may be installed on any portion of a lot subject to the height restrictions of subsection (e) of this section and may be installed up to the property line. Any portion of the fence and all footing material shall by fully on the respective property and not encroach or cross over onto the neighboring property. It is also the responsibility of the property owner to have the property lines identified. 2. All pertinent property pins shall be visible upon inspection for fences installed within one foot (12 inches) of a property boundary. 3. In the case of a dispute, the city may require a survey to establish the boundary line of a property. 6. Easement encroachment. An easement encroachment agreement must be approved by the planning director or his their designee after review and approval from the city engineer or his their designee, along with a fence permit, for any fence that will be installed within a city easement. 7. Swimming pools. All swimming pools shall be enclosed with required fencing per LEC 105.08.160. 8. Pipeline and Storm Drain. Where any City owned storm drain, sanitary, water, or storm sewer pipe is located the following standards apply: 1. No fences are permitted to parallel a pipeline within 10 feet on either side. 2. Fences that intersect a pipeline must have a gate or removable panels equal to 10 feet. 3. Fences must maintain a 10 foot setback from storm drains. 3 2. SWIMMING POOLS; GENERALLY 105.08.160(c) a. Permits required. No person, corporation, partnership, or firm shall construct, repair, enlarge, alter, change, remodel, or otherwise significantly improve a swimming pool in the city without first having obtained a permit from the building official or their designee. b. Definitions. Unless specifically defined in this section, common definitions, words, and phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage through this Code. Definitions are found in LEC 1.08. c. Land coverage. The water surface of a pool shall be deemed pervious surface. All other pool features, such as the pool apron and equipment pad, shall be deemed impervious surface. 3. REQUIRED SCREENING 105.04.040 1. Screening. Screening shall be required in residential districts for any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot. 2. Business, industrial screening. Where any business or industrial use (structure, parking, or storage) is adjacent to property zoned or developed for residential use, that business or industry shall be screened along the boundary of the residential property. Screening shall also be provided where a business, parking lot, or industry is across the street from a residential zone, but not on the side of a business or industry considered to be the front. 3. Exterior storage. All exterior storage shall be screened as required by LEC 105.04.010. LEC 105.04-I. 4. Mechanical apparatus on roofs. All mechanical apparatus on roofs shall be screened. 5. Loading docks. Loading docks shall be screened from all streets and adjacent property unless they are at the rear of the building which abuts another commercial use. The property owner may provide a 30-foot landscaped area between the dock and the property line where screening is not possible. PUBLIC COMMENT: A hearing notice was published in the Stillwater Gazette on May 13th, 2022. No comments from the public were received. At their May 23rd meeting, the Planning Commission conducted a public hearing. There was no public comment. After some discussion and consideration, the Planning Commission voted to recommend approval of the proposed amendments to Section 160 Swimming Pools and Section 040 Required Screening as written. Commissioners noted possible outcomes of the proposed amendments to Section 400 Fencing Regulations, and expressed concern over the impact of the proposed setbacks on parcels with a small back yard. The proposed setbacks would apply when a fence is proposed near a City owned storm drain, sanitary, water, or storm sewer pipe. The Planning Commission voted to reduce the staff proposed fence setback. Staff proposes a 10 foot setback on either side of the pipe and a 10 foot setback from storm drains. The Planning Commission recommends a 1 foot setback from these structures. 4 Should the City Council propose adoption of the Planning Commission suggested edits to the proposed amendments to Section 400 Fencing Regulations, staff requests that the City Council table this item while staff continues work on the proposed amendments. FISCAL IMPACT: None OPTIONS: The City Council may: • Adopt the proposed text amendments; • Adopt the proposed text amendments with changes; or • Deny the proposed text amendments. RECOMMENDATIONS: Staff recommends that the City Council adopt the staff proposed amendments to Section 400 Fencing Regulations, Section 160 Swimming Pools Generally, and Section 040 Required Screening as written. Four separate suggested motions are provided below. “Motion to recommend approval of the amendments to zoning code Section 400 Fencing Regulations as proposed by City staff” “Motion to recommend approval of the amendments to the building regulations code Section 160 Swimming Pools Generally as proposed by City staff” Motion to recommend approval of the amendments to zoning code Section 040 Required Screening as proposed by City staff” Because of the length of the ordinance amendments, staff also is recommending Council approval to publish a summary ordinance. “Motion to approve summary publication of Ordinance 2202-05 (the Zoning Ordinance amendments) with approval of Resolution 2022-061” The Planning Commission made the following motions on the staff proposed text amendments. “Motion to recommend approval of the amendments to zoning code Section 400 Fencing Regulations with modifications such that 8.1 says “No fences are permitted to parallel a pipeline within 1 foot on either side”, 8.2 remains as-is, and 8.3 says “Fences must maintain a 1 foot setback from storm drains.” “Motion to recommend approval of the amendments to the building regulations code Section 160 Swimming Pools Generally as proposed by City staff” 5 Motion to recommend approval of the amendments to zoning code Section 040 Required Screening as proposed by City staff” ATTACHMENTS: A. Resolution No. 2022-061 B. Ordinance No. 2022-05 C. Ordinance No. 2022- 06 D. Ordinance No. 2022- 07 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2022-05 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY AMENDING THE FENCING CODE SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105 Zoning; Chapter 105.12: Zoning Code, Section 400 is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethrough): 105.12.400 FENCING REGULATIONS A. Purpose. The purpose of this article is to provide for the regulation of fences in the city and to prevent fences from being erected that would be a hazard to the public, an unreasonable interference with the uses and enjoyment of neighboring property or are incompatible with existing uses and other zoning restrictions. B. Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning: Permanent fence means fences that are installed in a fixed or enduring manner that are not intended for a seasonal or temporary purpose. Temporary fence means fences that are installed and removed on a seasonal basis, such as snow fences, garden fences and seasonal recreational fences, such as hockey boards. C. Permit required. 1. Permanent fence. No permanent fence shall be erected without first obtaining a fence permit. Application shall be made to the planning director or their designee. The fee shall be established by the city's fee schedule. The planning director or their designee is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this section. The board of adjustment and appeals shall hear and decide appeals when it is alleged that the planning director was in error. The appeals shall follow the procedure outlined in LEC 3.08.010. 2. Temporary fence. Temporary fencing that complies with subsection (f) of this section and all other applicable provisions of this article shall be exempt from permit requirements. D. General requirements. All fences erected in the city are subject to the following requirements: 1. Maintenance. All fences shall be properly maintained with respect to appearance and safety. Fences that remain in a state of disrepair for an extended period of time shall constitute a nuisance per LEC 9.28.030. 2. Face of fence. The finished side of any fence or wall must face abutting property or street rights-of-way. 3. Fence materials. Permitted fence materials shall be limited to brick, stone, wood, wrought iron, vinyl, composite material, steel, aluminum, chain link, and in cases of temporary fencing only, materials that are consistent with temporary fencing as regulated under subsection (f) of this section. 4. Traffic obstruction. No fence or wall shall obstruct a motorist's or a pedestrian's safe view from the driveway or street. 5. Location. 1. Fences may be installed on any portion of a lot subject to the height restrictions of subsection (e) of this section and may be installed up to the property line. Any portion of the fence and all footing material shall by fully on the respective property and not encroach or cross over onto the neighboring property. It is also the responsibility of the property owner to have the property lines identified. 2. All pertinent property pins shall be visible upon inspection for fences installed within one foot (12 inches) of a property boundary. 3. In the case of a dispute, the city may require a survey to establish the boundary line of a property. 6. Easement encroachment. An easement encroachment agreement must be approved by the planning director or his their designee after review and approval from the city engineer or his their designee, along with a fence permit, for any fence that will be installed within a city easement. 7. Swimming pools. All swimming pools shall be enclosed with required fencing per LEC 105.08.160. 8. Pipeline and Storm Drain. Where any City owned storm drain, sanitary, water, or storm sewer pipe is located the following standards apply: 1. No fences are permitted to parallel a pipeline within 10 feet on either side. 2. Fences that intersect a pipeline must have a gate or removable panels equal to 10 feet. 3. Fences must maintain a 10 foot setback from storm drains. E. Fence height and design. 1. Fences within front and side (corner) yards. Any fence within a front or side (corner) yard setback or any required setback form a public right-of-way may not exceed forty-eight (48) inches (4 feet) in height and must be 50 percent open to air and light. The fence must also be setback twenty (20) feet extending from the front corner lot pin or ROW. 2. Residential and mixed-use districts. No fence shall exceed six feet in height, and shall be subject to the design requirements of subsection (e)(3) of this section. 3. Commercial and industrial districts. No fence or wall shall exceed eight feet in height. Fences that exceed eight feet in height require a conditional use permit. F. Temporary fences. 1. Height and performance. Temporary fences shall comply with the fence height standards of subsection (e) of this section. Temporary fences shall be at least 40 percent open to air and light. If unable to be at least 40 percent open to air and light, temporary fences shall not exceed forty-eight (48) inches (4 feet) in height. The fence must also be setback twenty (20) feet extending from the front lot pin or ROW. 2. Duration and limitation. 1. No snow fence or posts shall be installed prior to October 1, and must be removed prior to April 15. 2. Seasonal recreational fencing intended for winter sports, such as hockey or broomball shall not be installed prior to October 1, and must be removed prior to April 15. 3. Location. Snow fences shall be set back at least 50 feet from any south or east property line, or such additional distance as may be required to prevent the accumulation of snow on public streets or adjoining property, as determined by the public works director. G. Prohibited fencing. Barbed wire and electric fencing are prohibited in platted areas. H. Agricultural exemption. Fences constructed on parcels in excess of five acres for the keeping of horses; and fences constructed on parcels in excess of ten acres are specifically exempted from the provisions of this section. Any such agricultural fencing shall be at least 75 percent open to air and light. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 2022- was adopted on this ______day of _______, 2022, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL _________________________________ Charles Cadenhead, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 2022- was published on the ____ day of ___________________, 2022. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2022-06 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY AMENDING THE POOL CODE SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105 Zoning; Chapter 105.08: Building Regulations Code, Section 160 is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethrough): 105.08.160 Swimming Pools; Generally a. Permits required. No person, corporation, partnership, or firm shall construct, repair, enlarge, alter, change, remodel, or otherwise significantly improve a swimming pool in the city without first having obtained a permit from the building official or their designee. b. Definitions. Unless specifically defined in this section, common definitions, words, and phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage through this Code. Definitions are found in LEC 1.08. c. Land coverage. The water surface of a pool shall be deemed pervious surface. All other pool features, such as the pool apron and equipment pad, shall be deemed impervious surface. d. Application for permit. The building official may require plans, specifications, and pertinent explanatory data be submitted with an application for a permit. 1. An application for a permit which includes a site plan showing: a. The type and size of pool, location of pool, location of house, garage, fencing, and other improvements on the lot; b. The location of structures on all adjacent lots; c. The location of filter unit, pump, and writing indicating the type of the units; d. The location of back-flush and drainage outlets, grading plan, finished elevations, and final treatment (decking, landscaping, and the like) around pool; e. The location of existing overhead or underground wiring, utility easements, trees, and similar features; f. The location of any water heating unit; g. The location of water supply systems, buried sewers, and sewage disposal systems, other utilities and proximate sources of possible contamination of the pool; and h. All dimensions, including the length, width, depth of the pool, the size of the pool deck, and the liquid capacity of the pool; plans shall be drawn to a scale of not smaller than one-fourth inch to one foot; 2. The application shall be accompanied by the permit fee the council establishes by resolution. 3. Pools shall not be located within 20 feet of any septic tank/drainfield nor within six feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks. 4. Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type. 5. Pools shall not be located within any private or public utility, walkway, drainageway, or other easements. 6. In the case of underground pools, the necessary precautions shall be taken during the construction to: a. Avoid damage, hazards, or inconvenience to adjacent or nearby property; and b. Ensure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust, or other infringements upon adjacent property. 7. All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property. a. To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner's property or into approved public drainageways. b. Water shall not drain onto adjacent or nearby private land. 8. The filter unit, pump, heating unit, and any other noise-making mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than ten feet to any lot line. e. Pool piping. Pool piping systems shall be constructed of materials prescribed in the city plumbing code. Installation of the piping, including the pool water supply line, shall be inspected by the building official prior to covering the piping. f. Main outlets. Pools shall be equipped with facilities for completely emptying the pool and effecting surface drainage (by gravity, if elevations permit). The drainage system shall be constructed in accordance with the provisions of the city plumbing code. g. Water supply. Water supplies serving all swimming pools shall be of a safe sanitary quality and be acceptable to the county health officer. The installation of the pool water supply piping and connection to the source of supply shall be in accordance with the city plumbing code. h. Electrical requirements. All electrical installations provided for, installed, and used in conjunction with residential swimming pools shall conform with the state electrical code and shall be inspected and approved by the state electrical inspector. No current-carrying electrical conductors shall cross residential swimming pools, either overhead or underground or within 15 feet of the pools, except as necessary for pool lighting or pool accessories. i. Heating requirements. Permits shall be required for all heating units used in conjunction with swimming pools. Installation shall be made in accordance with the city heating building code in effect at the time of installation. j. Pressure relief valves. Pools shall be designed and constructed with under-drain systems and pressure relief valves to prevent pool flotation, where the building official determines the same to be necessary. k. Shield lights. Lights used to illuminate any swimming pool shall be so arranged and shielded so as to reflect light away from adjoining properties. l. Location. All swimming pools or appurtenances to swimming pools shall be located in the rear yard and meet the setback requirements of the district in which it is located. Requests for a variance from the provisions of this section shall be referred first to the planning commission for its study and recommendation and then to the council. m. Fences. All swimming pools shall be completely enclosed by a non-climbable type fence. All fence openings or points of entry into the pool area shall be equipped with gates. The fence and gates shall be at least four feet in height and shall be constructed of a minimum number 11 gauge woven wire mesh corrosion-resistant material or other material approved by the building official. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate or otherwise be inaccessible to small children. All fence posts shall be decay- or corrosion-resistant and shall be set in concrete bases or other suitable protection. The openings between the bottom of the fence and the ground or other surface shall not be more than four inches. n. Above ground swimming pools. Ladders or stairs which are attached to or placed against the outside of above ground tank-type swimming pools having a depth of 24 inches or more shall be removed from the outside of the pool when it is not being used by the owner or owner's authorized guests. All other applicable provisions of this section shall apply to above ground pools. o. Public or semi-public swimming pools. Swimming pools, other than residential pools, shall be constructed and operated in conformance with standards for the installations established by the state board of health. In addition, the person, firm, corporation, or agency proposing the construction of a swimming pool other than residential shall file with the building official, prior to the beginning of any construction, a copy of the report prepared and issued by the state health department showing approval of the plans, and one set of pool plans upon which the approval is indicated by stamp, seal, or other official marking of that agency. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 2022- was adopted on this ______day of _______, 2022, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL _________________________________ Charles Cadenhead, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 2022- was published on the ____ day of ___________________, 2022. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2022-07 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY AMENDING THE REQUIRED SCREENING CODE SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105 Zoning; Chapter 105: 04 General Provisions, Section 040 is hereby amended by changing the following section (Proposed language is underlined, deleted language is shown with strikethrough): 105.04.040 REQUIRED SCREENING 1. Screening. Screening shall be required in residential districts for any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot. 2. Business, industrial screening. Where any business or industrial use (structure, parking, or storage) is adjacent to property zoned or developed for residential use, that business or industry shall be screened along the boundary of the residential property. Screening shall also be provided where a business, parking lot, or industry is across the street from a residential zone, but not on the side of a business or industry considered to be the front. 3. Exterior storage. All exterior storage shall be screened as required by LEC 105.04.010. LEC 105.04-I. 4. Mechanical apparatus on roofs. All mechanical apparatus on roofs shall be screened. 5. Loading docks. Loading docks shall be screened from all streets and adjacent property unless they are at the rear of the building which abuts another commercial use. The property owner may provide a 30-foot landscaped area between the dock and the property line where screening is not possible. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 2022- was adopted on this ______day of _______, 2022, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL _________________________________ Charles Cadenhead, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 2022- was published on the ____ day of ___________________, 2022. Lake Elmo Planning Commission Minutes: 5-23-2022 City of Lake Elmo Planning Commission Meeting Draft Minutes of May 23, 2022 Commission Chair Risner called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Risner, Steil, Graen, Mueller Rehkamp, Vrieze COMMISSIONERS ABSENT: None STAFF PRESENT: Planning Director Just Pledge of Allegiance at 7:00 PM Approve Agenda: M/S/P: Graen / Vrieze made a motion to approve the agenda. Vote: 6-0, motion carried unanimously. Approve Minutes: No minutes, as video playback not yet available. Public Hearings: a. CONDITIONAL USE PERMIT FOR A POOL AND FITNESS CENTER - 11441 20th St. N (Royal Golf Club 1st Addition) H.C. Golf Land, LLC (Applicant) has applied for a Conditional Use Permit (CUP) for construction of a swimming pool and fitness center on the property located at 104441 20th Street N (PID#25.029.21.12.0002). The proposed 1,900 square foot fitness center and 25’ x 50’ swimming pool would be for the use of residents in the Royal Golf subdivision and would be managed by the homeowners’ association. The use is permitted by CUP in the zoning district. Director Just gave a presentation and answered questions. Staff recommends the Planning Commission recommend approval of the CUP to allow a swimming pool and fitness center on the subject property with the listed conditions. Applicant Jim Felton with Royal Development. Mr. Felton gave a copy of email documents to Chair Risner and spoke regarding the maintenance of the lift station generator that failed. Mr. Felton answered questions asked by commissioners. Public hearing opened at 7:22 PM. Public hearing closed at 7:22 PM. M/S/P: Graen/Steil Move to recommend approval of a Conditional Use Permit (CUP) for the construction of a swimming pool and fitness center with the listed conditions based on the findings listed in the staff report. Vote: 4-2 (Graen & Vrieze – Nay) Motion carried Lake Elmo Planning Commission Minutes: 5-23-2022 b. PRELIMINARY PLAT & PLANNED UNIT DEVELOPMENT, ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT - 9450 Hudson Boulevard. Dominik Jenson, representing SRD2.0, LLC, is requesting approval of a zoning map amendment (re-zoning), preliminary planned unit development (PUD) and preliminary plat for the property located on the north side of Hudson Boulevard, west of Julia Avenue (9450 Hudson Boulevard). The plat depicts two lots and the proposed PUD depicts a 190-unit apartment building on the northern half of the property and a preschool/childcare center, known as Goddard School, on the southeast corner of the site. Brad Coats of the Goldridge Companies is requesting approval of a conditional use permit for a daycare center, known as Goddard School, on the rezoned property. Director Just gave a presentation and answered questions. Staff is asking the Planning Commission review the proposal, hold a public hearing, provide feedback and make a recommendation to the City Council on the above- mentioned requests. Staff requests that before making a recommendation to the City Council the Planning Commission table the item so that the applicant may revise the plat and PUD plans to address the Zoning Code, Subdivision Code, and engineering design standards that govern development of the property. The applicant understands this staff recommendation and is revising the plans based on the staff review. Director Just noted that staff opposes the developer charging for the underground parking if the underground parking is supposed to be an amenity for the residents that qualifies the applicant for bonus density. Applicant Dominik Jenson with Schafer Richardson Development, accompanied by Brad Schafer with Schafer Richardson Development, Bart Nelson with UrbanWorks Architecture LLC, Joe Bailey with Sambatek, and Brad Coats with Goldridge Companies. Jenson spoke regarding the development design and amenities and answered questions. Brad Coats with Goldridge Development spoke regarding the Goddard Daycare Group School. Public hearing opened at 7:53 PM. Public hearing closed at 7:53 PM. M/S/P: Steil/Vrieze Moved to table Planning Commission recommendation on the Preliminary Plat and PUD, Zoning Map Amendment and CUP application until the June 13th meeting so that the applicant may revise the plans to be consistent with City standards as listed in the staff report. Vote: motion carried unanimously c. COMPREHENSIVE PLAN AMENDMENTS – Addition to the MUSA and change in land use designation for Approximately 110 acres of City property at the northeast corner of 34th Street and Ideal Avenue. Director Just gave a presentation and answered questions. The subject property is a portion of the land the City received from 3M in 2019 as part of a legal settlement. Based on the location of the property and with prime access to the highway system the City Council wants to take advantage of the opportunity to develop the property to its potential and contribute positively to the tax base in Lake Elmo. Public hearing opened at 8:24 PM. Lake Elmo Planning Commission Minutes: 5-23-2022 Geraldine Breheim (8415 38th St N) stated that she would want the north side original land buffer lines and original trees to be kept. Adam Ghormley (8261 38th St N) stated the he would ask that the trees stay, and he offered to buy the 40’ beyond his property to be able to keep the buffer / trees. He also stated that a business park designation is a poorly chosen designation. Public hearing closed at 8:30 PM. M/S/P: Steil/Risner Moved to recommend adoption of a resolution approving the subject amendments to the Future Land Use Plan re-guiding approximately 110 acres of City-owned land located north of 34th Street and east of Ideal Avenue to the land use designations listed in the findings, based on the recommended findings and condition of approval. Vote: 2-4, Motion failed (Commissioner Graen, Mueller, Rehkamp, Vrieze – Nay) Commissioners noted that the amount of business park development proposed is too intense for this area, is not a benefit to the City, and that the Planning Commission previously endorsed development of parks on this property. M/S/P: Risner/Rehkamp moved to recommend adoption a resolution approving the necessary amendments to the 2040 Lake Elmo Comprehensive Plan (including those to the Land Use Plan, MUSA boundaries and Wastewater Service Plan) to add the approximately 110 acres of City owned land located north of 34th Street and east of Ideal Avenue to the City’s sanitary sewer area and authorize City staff to submit the proposed Comprehensive Plan Amendments to the Metropolitan Council. Vote: 5-1 motion carries (Commissioner Graen – Nay) d. ZONING AMENDMENTS - Zoning Code, §400 Fencing Regulations. Building Regulations Code, §160 Swimming Pools. General Provisions, §040 Required Screening. Director Just gave a presentation and answered questions on the proposed zoning amendments. Public hearing opened at 9:25 PM. Public hearing closed at 9:25 PM. M/S/P: Mueller/Risner: Moved to recommend approval of the amendments to Zoning Code Section 400 Fencing Regulations as proposed by City staff. Vote: 0-6, motion failed unanimously Commissioners noted possible outcomes of the proposed fence setbacks and expressed concern over the impact of the setbacks on parcels with a small back yard. Director Just noted that while staff recognizes that the Planning Commission may make its own recommendation it is likely that staff will maintain the staff recommended setback. M/S/P: Graen/Vrieze: Moved to recommend approval of the amendments to Zoning Code Section 400 Fencing Regulations with modifications such that #1 says “no fences are permitted to run parallel to pipeline within 1 foot on either side”. Leaving #2 as is and #3 change the 10 foot set-back to 1 foot set-back. Vote: 0-6, motion carried unanimously M/S/P: Graen/Mueller: Moved to recommend approval of the amendments to Building Regulations Code Section 160 Swimming Pools Generally as proposed by City staff. Vote: 6-0, motion carried unanimously Lake Elmo Planning Commission Minutes: 5-23-2022 M/S/P: Steil/Rehkamp: Moved to recommend approval of the amendments to Zoning Code Section 040 Required Screening as proposed by city staff. Vote: 6-0, motion carried unanimously New/Unfinished Business: a. Recommend minimum requirement for mixed-use in MU-C and MU-BP Districts. Director Just gave a presentation and answered questions. At the direction of the City Council, Staff has drafted zoning text amendments to require a mix of uses in the MU-C and MU-BP Districts. Staff recommends a public hearing on a proposed amendment to require a minimum of two primary uses from two different land use categories in the Mixed Use-Commercial and Mixed Use- Business Park districts. To be considered a primary use, the use must occupy a minimum of 20 percent of the floor area within the development. b. Consideration of front setbacks in MDR and HDR Districts Director Just gave a presentation answered questions. At the direction of the City Council, Staff has drafted zoning text amendments to establish an increased setback for new development in the MDR and HDR districts. Staff recommends a public hearing to require a minimum setback of 40 feet for new development along 5th Street and the planned 5th Street in Lake Elmo. Commissioners suggested that the 40 foot setback apply along 5th Street, Inwood Avenue, Hudson Boulevard, Manning Avenue, Lake Elmo Avenue, and Keats Avenue and that the front of buildings be required to face these streets. Communications/Updates a. City Council Update 5-17 Driveway variance approved for 8930 Jane Road N. b. Staff Updates – N/A c. Upcoming Meetings: June 13 - o Zoning Text Amendment by Animal Inn to allow Commercial Kennel by CUP o Variance for Impervious Surface - 1567 Ivory Avenue o Zoning Text Amendment - Village Districts o Zoning Text Amendment - Setbacks in MDR and HDR o Zoning Text Amendment – Mixed Use Requirement in MU-C and MU-BP June 27 Meeting adjourned at 10:08 PM. Respectfully submitted, Diane Wendt Permit Technician CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2022-061 RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE 2022-05 WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2022-05, an ordinance that amends the City’s Zoning Code Section 105.12.400. WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Clerk shall cause the following summary of Ordinance No. 2022-05 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 2022-05, an ordinance that amends the City Code language in the Zoning Ordinance. This ordinance alters language in the City Code about fence setbacks from City pipelines and storm drains. The following is a summary of the adopted ordinance language: Ordinance 2022-05 includes the following elements to amend City Code Section 105.12.400: 1. No fences will be permitted to parallel a City pipeline within 10 feet on either side. 2. Fences that intersect a City pipeline may be permitted with a gate or removable panel equal to 10 feet. 3. No fencing is permitted within 10 feet of a City storm drain. 4. This change would align code with best practice for municipal utility maintenance and emergency access. The full text of Ordinance 2022-05 is available for inspection at Lake Elmo City Offices during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: June 7, 2022 ___________________________________ Charles Cadenhead, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL)