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HomeMy WebLinkAbout12-02-2025 City Council Meeting PacketCity Council Meeting Tuesday, December 2, 2025 7:00 p.m. City of Lake Elmo | 3880 Laverne Avenue North AGENDA Call To Order/Pledge Of Allegiance Approval Of Agenda Presentations Public Comments/Inquiries Consent Agenda Approve Payments & Disbursements PAYMENTS AND DISBURSEMENTS.PDF Accept Improvements And Approve Pay Request No. 2 (Final) For The 2025 Mill And Overlay Project COUNCIL MEMO -PAY REQUEST NO. 2 FINAL PAYMENT.PDF PAY REQUEST NO. 2 2025 MILL AND OVERLAY PROJECT.PDF Amend Motion Authorizing Engineering Services For 2026 Crosswalk Layouts COUNCIL MEMO -AUTHORIZE ENGINEERING SERVICES FOR CROSSWALK LAYOUT.PDF 1 -TASK ORDER 10 - 2026 CROSSWALK IMPROVEMENTS -FEE PROPOSAL.PDF 2 -LOCATION MAPS.PDF LAKE ELMO CROSSWALK POLICY.PDF Approve MPCA Grant Agreement For North Water Treatment Plant COUNCIL MEMO -APPROVE MPCA GRANT FOR NORTH WTP.PDF MPCA GRANT AGREEMENT.PDF WELL 4 AND 5 LOCATION MAP.PDF Authorize Geotechnical Services For CSAH 14 Watermain Project COUNCIL MEMO -AUTHORIZE CSAH 14 WATERMAIN GEOTECH SERVICES.PDF REVISED BRAUN PROPOSAL - CSAH 14 WATERMAIN IMPROVEMENTS.PDF Approve First Amendment To Development Agreement For Prairie Sky Twinhomes COUNCIL MEMO - PRAIRIE SKY DA AMENDMENT.PDF 1ST DA AMENDMENT AGREEMENT.PDF RES 2025 -079 PRAIRIE SKY 1ST DA AMENDMENT.PDF PRAIRIE SKY DA - FULLY SIGNED.PDF Approve Landscape Security Reduction For Union Park Phase 1 Development COUNCIL MEMO -UNION PARK PH 1 - LANDSCAPE SECURITY RELEASE.PDF Appointment Of Deputy City Clerk COUNCIL MEMO -APPOINTING DEPUTY CITY CLERK.PDF Approval To Change Job Description From Administrative Services Coordinator To Administrative Services Director COUNCIL MEMO - CHANGE JOB DESCRIPTION FROM ADMINISTRATIVE SERVICES COORDINATOR TO DIRECTOR.PDF ADMINISTRATIVE SERICES DIRECTOR JOB DESCRIPTION 2025.PDF Approve 2026 Liquor License Renewals LIQUOR LICENSE RENEWALS.PDF Approve 2026 Meeting Calendar COUNCIL MEMO - APPROVE 2026 MEETING CALENDAR.PDF 2026 COLOR CODED CALENDAR.PDF 2026 LIST OF CALENDAR DATES.PDF Reappoint Parks Commissioners COUNCIL MEMO -PARKS COMMISSION REAPPOINTMENTS.PDF Reappoint Economic Development Authority Commissioners COUNCIL MEMO -EDA REAPPOINTMENTS.PDF Reappoint Planning Commissioners COUNCIL MEMO -PLANNING COMMISSION REAPPOINTMENTS.PDF Authorize Certification Of Delinquent Storm Water Bills And Utility Bills DELINQUENT UTILITY BILL CERTIFICATION.PDF Regular Agenda Registered Land Survey #132 (RLS)-3481 Laverne Avenue Ashley Monterusso, City Planner presenting COUNCIL MEMO -REGISTERED LAND SURVEY NO. 132 - 3481 LAVERNE.PDF RESOLUTION APPROVING RLS 132 - 3481 LAVERNE AVE.PDF PRESENTATION -REGISTERED LAND USE NO. 132.PDF Lawful Gambling City Code Update And Revenue Spending Nina Kraemer, Finance Coordinator presenting COUNCIL MEMO -LAWFUL GAMBLING.PDF LAWFUL GAMBLING ORDINANCE.PDF RESOLUTION SUMMARY PUBLICATION.PDF PRESENTATION - LAWFUL GAMBLING.PDF GUIDE FOR CITIES - HOW CITIES MAY SPEND LAWFUL GAMBLING CONTRIBUTIONS.PDF Statewide Volunteer Firefighter Plan Benefit Level Increase Dustin Kalis, Fire Chief presenting COUNCIL MEMO -SVF PENSION INCREASE 2025.PDF RESOLUTION SVF PENSION INCREASE - 2025.PDF 2025 PERA SVF REPORT - CITY OF LAKE ELMO VOLUNTEER FIRE DEPARTMENT.PDF Council Reports Staff Reports Adjourn Future Agenda Items AGENDA TRACKING SHEET.PDF In accordance with the requirements of Minn. Stat. Section 13D.02, members may participate remotely via interactive technology. Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner in Partnership with our Community A. B. C. D. E. 1. Documents: 2. Documents: 3. Documents: 4. Documents: 5. Documents: 6. Documents: 7. Documents: 8. Documents: 9. Documents: 10. Documents: 11. Documents: 12. Documents: 13. Documents: 14. Documents: 15. Documents: F. 1. Documents: 2. Documents: 3. Documents: G. H. I. J. Documents: City Council MeetingTuesday, December 2, 2025 7:00 p.m.City of Lake Elmo | 3880 Laverne Avenue NorthAGENDACall To Order/Pledge Of AllegianceApproval Of AgendaPresentationsPublic Comments/InquiriesConsent AgendaApprove Payments & DisbursementsPAYMENTS AND DISBURSEMENTS.PDFAccept Improvements And Approve Pay Request No. 2 (Final) For The 2025 Mill And Overlay ProjectCOUNCIL MEMO -PAY REQUEST NO. 2 FINAL PAYMENT.PDFPAY REQUEST NO. 2 2025 MILL AND OVERLAY PROJECT.PDFAmend Motion Authorizing Engineering Services For 2026 Crosswalk LayoutsCOUNCIL MEMO -AUTHORIZE ENGINEERING SERVICES FOR CROSSWALK LAYOUT.PDF1-TASK ORDER 10 - 2026 CROSSWALK IMPROVEMENTS -FEE PROPOSAL.PDF2-LOCATION MAPS.PDFLAKE ELMO CROSSWALK POLICY.PDFApprove MPCA Grant Agreement For North Water Treatment Plant COUNCIL MEMO -APPROVE MPCA GRANT FOR NORTH WTP.PDF MPCA GRANT AGREEMENT.PDF WELL 4 AND 5 LOCATION MAP.PDF Authorize Geotechnical Services For CSAH 14 Watermain Project COUNCIL MEMO -AUTHORIZE CSAH 14 WATERMAIN GEOTECH SERVICES.PDF REVISED BRAUN PROPOSAL - CSAH 14 WATERMAIN IMPROVEMENTS.PDF Approve First Amendment To Development Agreement For Prairie Sky Twinhomes COUNCIL MEMO - PRAIRIE SKY DA AMENDMENT.PDF 1ST DA AMENDMENT AGREEMENT.PDF RES 2025 -079 PRAIRIE SKY 1ST DA AMENDMENT.PDF PRAIRIE SKY DA - FULLY SIGNED.PDF Approve Landscape Security Reduction For Union Park Phase 1 Development COUNCIL MEMO -UNION PARK PH 1 - LANDSCAPE SECURITY RELEASE.PDF Appointment Of Deputy City Clerk COUNCIL MEMO -APPOINTING DEPUTY CITY CLERK.PDF Approval To Change Job Description From Administrative Services Coordinator To Administrative Services Director COUNCIL MEMO - CHANGE JOB DESCRIPTION FROM ADMINISTRATIVE SERVICES COORDINATOR TO DIRECTOR.PDF ADMINISTRATIVE SERICES DIRECTOR JOB DESCRIPTION 2025.PDF Approve 2026 Liquor License Renewals LIQUOR LICENSE RENEWALS.PDF Approve 2026 Meeting Calendar COUNCIL MEMO - APPROVE 2026 MEETING CALENDAR.PDF 2026 COLOR CODED CALENDAR.PDF 2026 LIST OF CALENDAR DATES.PDF Reappoint Parks Commissioners COUNCIL MEMO -PARKS COMMISSION REAPPOINTMENTS.PDF Reappoint Economic Development Authority Commissioners COUNCIL MEMO -EDA REAPPOINTMENTS.PDF Reappoint Planning Commissioners COUNCIL MEMO -PLANNING COMMISSION REAPPOINTMENTS.PDF Authorize Certification Of Delinquent Storm Water Bills And Utility Bills DELINQUENT UTILITY BILL CERTIFICATION.PDF Regular Agenda Registered Land Survey #132 (RLS)-3481 Laverne Avenue Ashley Monterusso, City Planner presenting COUNCIL MEMO -REGISTERED LAND SURVEY NO. 132 - 3481 LAVERNE.PDF RESOLUTION APPROVING RLS 132 - 3481 LAVERNE AVE.PDF PRESENTATION -REGISTERED LAND USE NO. 132.PDF Lawful Gambling City Code Update And Revenue Spending Nina Kraemer, Finance Coordinator presenting COUNCIL MEMO -LAWFUL GAMBLING.PDF LAWFUL GAMBLING ORDINANCE.PDF RESOLUTION SUMMARY PUBLICATION.PDF PRESENTATION - LAWFUL GAMBLING.PDF GUIDE FOR CITIES - HOW CITIES MAY SPEND LAWFUL GAMBLING CONTRIBUTIONS.PDF Statewide Volunteer Firefighter Plan Benefit Level Increase Dustin Kalis, Fire Chief presenting COUNCIL MEMO -SVF PENSION INCREASE 2025.PDF RESOLUTION SVF PENSION INCREASE - 2025.PDF 2025 PERA SVF REPORT - CITY OF LAKE ELMO VOLUNTEER FIRE DEPARTMENT.PDF Council Reports Staff Reports Adjourn Future Agenda Items AGENDA TRACKING SHEET.PDF In accordance with the requirements of Minn. Stat. Section 13D.02, members may participate remotely via interactive technology. Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner in Partnership with our Community A.B.C.D.E.1.Documents:2.Documents:3.Documents:4. Documents: 5. Documents: 6. Documents: 7. Documents: 8. Documents: 9. Documents: 10. Documents: 11. Documents: 12. Documents: 13. Documents: 14. Documents: 15. Documents: F. 1. Documents: 2. Documents: 3. Documents: G. H. I. J. Documents: City Council MeetingTuesday, December 2, 2025 7:00 p.m.City of Lake Elmo | 3880 Laverne Avenue NorthAGENDACall To Order/Pledge Of AllegianceApproval Of AgendaPresentationsPublic Comments/InquiriesConsent AgendaApprove Payments & DisbursementsPAYMENTS AND DISBURSEMENTS.PDFAccept Improvements And Approve Pay Request No. 2 (Final) For The 2025 Mill And Overlay ProjectCOUNCIL MEMO -PAY REQUEST NO. 2 FINAL PAYMENT.PDFPAY REQUEST NO. 2 2025 MILL AND OVERLAY PROJECT.PDFAmend Motion Authorizing Engineering Services For 2026 Crosswalk LayoutsCOUNCIL MEMO -AUTHORIZE ENGINEERING SERVICES FOR CROSSWALK LAYOUT.PDF1-TASK ORDER 10 - 2026 CROSSWALK IMPROVEMENTS -FEE PROPOSAL.PDF2-LOCATION MAPS.PDFLAKE ELMO CROSSWALK POLICY.PDFApprove MPCA Grant Agreement For North Water Treatment PlantCOUNCIL MEMO -APPROVE MPCA GRANT FOR NORTH WTP.PDFMPCA GRANT AGREEMENT.PDFWELL 4 AND 5 LOCATION MAP.PDFAuthorize Geotechnical Services For CSAH 14 Watermain ProjectCOUNCIL MEMO -AUTHORIZE CSAH 14 WATERMAIN GEOTECH SERVICES.PDFREVISED BRAUN PROPOSAL - CSAH 14 WATERMAIN IMPROVEMENTS.PDFApprove First Amendment To Development Agreement For Prairie Sky TwinhomesCOUNCIL MEMO - PRAIRIE SKY DA AMENDMENT.PDF1ST DA AMENDMENT AGREEMENT.PDFRES 2025 -079 PRAIRIE SKY 1ST DA AMENDMENT.PDFPRAIRIE SKY DA - FULLY SIGNED.PDFApprove Landscape Security Reduction For Union Park Phase 1 DevelopmentCOUNCIL MEMO -UNION PARK PH 1 - LANDSCAPE SECURITY RELEASE.PDFAppointment Of Deputy City ClerkCOUNCIL MEMO -APPOINTING DEPUTY CITY CLERK.PDFApproval To Change Job Description From Administrative Services Coordinator To Administrative Services DirectorCOUNCIL MEMO - CHANGE JOB DESCRIPTION FROM ADMINISTRATIVE SERVICES COORDINATOR TO DIRECTOR.PDFADMINISTRATIVE SERICES DIRECTOR JOB DESCRIPTION 2025.PDFApprove 2026 Liquor License RenewalsLIQUOR LICENSE RENEWALS.PDFApprove 2026 Meeting CalendarCOUNCIL MEMO - APPROVE 2026 MEETING CALENDAR.PDF 2026 COLOR CODED CALENDAR.PDF 2026 LIST OF CALENDAR DATES.PDF Reappoint Parks Commissioners COUNCIL MEMO -PARKS COMMISSION REAPPOINTMENTS.PDF Reappoint Economic Development Authority Commissioners COUNCIL MEMO -EDA REAPPOINTMENTS.PDF Reappoint Planning Commissioners COUNCIL MEMO -PLANNING COMMISSION REAPPOINTMENTS.PDF Authorize Certification Of Delinquent Storm Water Bills And Utility Bills DELINQUENT UTILITY BILL CERTIFICATION.PDF Regular Agenda Registered Land Survey #132 (RLS)-3481 Laverne Avenue Ashley Monterusso, City Planner presenting COUNCIL MEMO -REGISTERED LAND SURVEY NO. 132 - 3481 LAVERNE.PDF RESOLUTION APPROVING RLS 132 - 3481 LAVERNE AVE.PDF PRESENTATION -REGISTERED LAND USE NO. 132.PDF Lawful Gambling City Code Update And Revenue Spending Nina Kraemer, Finance Coordinator presenting COUNCIL MEMO -LAWFUL GAMBLING.PDF LAWFUL GAMBLING ORDINANCE.PDF RESOLUTION SUMMARY PUBLICATION.PDF PRESENTATION - LAWFUL GAMBLING.PDF GUIDE FOR CITIES - HOW CITIES MAY SPEND LAWFUL GAMBLING CONTRIBUTIONS.PDF Statewide Volunteer Firefighter Plan Benefit Level Increase Dustin Kalis, Fire Chief presenting COUNCIL MEMO -SVF PENSION INCREASE 2025.PDF RESOLUTION SVF PENSION INCREASE - 2025.PDF 2025 PERA SVF REPORT - CITY OF LAKE ELMO VOLUNTEER FIRE DEPARTMENT.PDF Council Reports Staff Reports Adjourn Future Agenda Items AGENDA TRACKING SHEET.PDF In accordance with the requirements of Minn. Stat. Section 13D.02, members may participate remotely via interactive technology. Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner in Partnership with our Community A.B.C.D.E.1.Documents:2.Documents:3.Documents:4.Documents:5.Documents:6.Documents:7.Documents:8.Documents:9.Documents:10.Documents:11.Documents: 12. Documents: 13. Documents: 14. Documents: 15. Documents: F. 1. Documents: 2. Documents: 3. Documents: G. H. I. J. Documents: City Council MeetingTuesday, December 2, 2025 7:00 p.m.City of Lake Elmo | 3880 Laverne Avenue NorthAGENDACall To Order/Pledge Of AllegianceApproval Of AgendaPresentationsPublic Comments/InquiriesConsent AgendaApprove Payments & DisbursementsPAYMENTS AND DISBURSEMENTS.PDFAccept Improvements And Approve Pay Request No. 2 (Final) For The 2025 Mill And Overlay ProjectCOUNCIL MEMO -PAY REQUEST NO. 2 FINAL PAYMENT.PDFPAY REQUEST NO. 2 2025 MILL AND OVERLAY PROJECT.PDFAmend Motion Authorizing Engineering Services For 2026 Crosswalk LayoutsCOUNCIL MEMO -AUTHORIZE ENGINEERING SERVICES FOR CROSSWALK LAYOUT.PDF1-TASK ORDER 10 - 2026 CROSSWALK IMPROVEMENTS -FEE PROPOSAL.PDF2-LOCATION MAPS.PDFLAKE ELMO CROSSWALK POLICY.PDFApprove MPCA Grant Agreement For North Water Treatment PlantCOUNCIL MEMO -APPROVE MPCA GRANT FOR NORTH WTP.PDFMPCA GRANT AGREEMENT.PDFWELL 4 AND 5 LOCATION MAP.PDFAuthorize Geotechnical Services For CSAH 14 Watermain ProjectCOUNCIL MEMO -AUTHORIZE CSAH 14 WATERMAIN GEOTECH SERVICES.PDFREVISED BRAUN PROPOSAL - CSAH 14 WATERMAIN IMPROVEMENTS.PDFApprove First Amendment To Development Agreement For Prairie Sky TwinhomesCOUNCIL MEMO - PRAIRIE SKY DA AMENDMENT.PDF1ST DA AMENDMENT AGREEMENT.PDFRES 2025 -079 PRAIRIE SKY 1ST DA AMENDMENT.PDFPRAIRIE SKY DA - FULLY SIGNED.PDFApprove Landscape Security Reduction For Union Park Phase 1 DevelopmentCOUNCIL MEMO -UNION PARK PH 1 - LANDSCAPE SECURITY RELEASE.PDFAppointment Of Deputy City ClerkCOUNCIL MEMO -APPOINTING DEPUTY CITY CLERK.PDFApproval To Change Job Description From Administrative Services Coordinator To Administrative Services DirectorCOUNCIL MEMO - CHANGE JOB DESCRIPTION FROM ADMINISTRATIVE SERVICES COORDINATOR TO DIRECTOR.PDFADMINISTRATIVE SERICES DIRECTOR JOB DESCRIPTION 2025.PDFApprove 2026 Liquor License RenewalsLIQUOR LICENSE RENEWALS.PDFApprove 2026 Meeting CalendarCOUNCIL MEMO - APPROVE 2026 MEETING CALENDAR.PDF2026 COLOR CODED CALENDAR.PDF2026 LIST OF CALENDAR DATES.PDFReappoint Parks CommissionersCOUNCIL MEMO -PARKS COMMISSION REAPPOINTMENTS.PDFReappoint Economic Development Authority CommissionersCOUNCIL MEMO -EDA REAPPOINTMENTS.PDFReappoint Planning CommissionersCOUNCIL MEMO -PLANNING COMMISSION REAPPOINTMENTS.PDFAuthorize Certification Of Delinquent Storm Water Bills And Utility BillsDELINQUENT UTILITY BILL CERTIFICATION.PDFRegular AgendaRegistered Land Survey #132 (RLS)-3481 Laverne AvenueAshley Monterusso, City Planner presentingCOUNCIL MEMO -REGISTERED LAND SURVEY NO. 132 - 3481 LAVERNE.PDFRESOLUTION APPROVING RLS 132 - 3481 LAVERNE AVE.PDFPRESENTATION-REGISTERED LAND USE NO. 132.PDFLawful Gambling City Code Update And Revenue SpendingNina Kraemer, Finance Coordinator presentingCOUNCIL MEMO -LAWFUL GAMBLING.PDFLAWFUL GAMBLING ORDINANCE.PDFRESOLUTION SUMMARY PUBLICATION.PDFPRESENTATION - LAWFUL GAMBLING.PDFGUIDE FOR CITIES - HOW CITIES MAY SPEND LAWFUL GAMBLING CONTRIBUTIONS.PDFStatewide Volunteer Firefighter Plan Benefit Level Increase Dustin Kalis, Fire Chief presenting COUNCIL MEMO -SVF PENSION INCREASE 2025.PDF RESOLUTION SVF PENSION INCREASE - 2025.PDF 2025 PERA SVF REPORT - CITY OF LAKE ELMO VOLUNTEER FIRE DEPARTMENT.PDF Council Reports Staff Reports Adjourn Future Agenda Items AGENDA TRACKING SHEET.PDF In accordance with the requirements of Minn. Stat. Section 13D.02, members may participate remotely via interactive technology. Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner in Partnership with our Community A.B.C.D.E.1.Documents:2.Documents:3.Documents:4.Documents:5.Documents:6.Documents:7.Documents:8.Documents:9.Documents:10.Documents:11.Documents:12.Documents:13.Documents:14.Documents:15.Documents:F.1.Documents:2.Documents:3. Documents: G. H. I. J. Documents: STAFF REPORT Date: December 2, 2025 Consent TO: Mayor and City Council FROM: Michael Kuehn, Finance AGENDA ITEM: Payments and Disbursements REVIEWED BY: Clarissa Hadler, Finance Director BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. FISCAL IMPACT: Claim # Amount Description ACH/Chks $ 168,805.30 Payroll 11/26/25 ACH/Chks $ 370.00 Accounts Payable AP 111825 USPS Annual Permit 19 ACH/Chks $ 332,566.88 Accounts Payable AP 111825 Northland Bond ACH/Chks $ 1,088,057.76 Accounts Payable AP 120325 TOTAL $ 1,589,799.94 RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: “Motion to approve the aforementioned disbursements in the amount of $ 1,589,799.94 ATTACHMENTS: 1. Accounts Payable – proof lists (AP 111825 USPS, AP 111825 NL Bond, AP 120325) To Be Paid Proof List 11/18/2025 - 8:57AM MKuehn@lakeelmo.gov Printed: User: Accounts Payable Batch:11134.11.2025 - AP 111825 USPS Pmt19 2025 Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number United States Postal Service USPOST 370.00 0.00 11/18/2025 011/18/2025 No2025 Permit 19 101-410-1320-43220 Postage USPS 2025 Annual Permit 19 - Newsletter Mailings 2025 Permit 19 Total: 370.00 United States Postal Servic 370.00 Report Total: 370.00 AP-To Be Paid Proof List (11/18/2025 - 8:57 AM)Page 1 *** means this invoice number is a duplicate. To Be Paid Proof List 11/14/2025 - 12:05PM MKuehn@lakeelmo.gov Printed: User: Accounts Payable Batch:11133.11.2025 - AP 111825 Nrthlnd Trust ACH Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number Northland Bond Services NORTHL 310,000.00 0.00 11/20/2025 010/1/2025 No*** LKEL 12A 601-494-9400-46010 Bond Principal 2012A GO Bond Principal 22,071.88 0.00 11/20/2025 010/1/2025 No*** LKEL 12A 601-494-9400-46110 Bond Interest 2012A GO Bond Interest 495.00 0.00 11/20/2025 010/1/2025 No*** LKEL 12A 601-494-9400-46200 Fiscal Agent Fees 2012A GO Bond Fees LKEL 12A Total: 332,566.88 Northland Bond Services T 332,566.88 Report Total: 332,566.88 AP-To Be Paid Proof List (11/14/2025 - 12:05 PM)Page 1 *** means this invoice number is a duplicate. To Be Paid Proof List 11/26/2025 - 12:27PM MKuehn@lakeelmo.gov Printed: User: Accounts Payable Batch:00001.12.2025 - AP 120325 Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number A-1EXCAV A-1 Excavating Inc 2,000.00 0.00 12/03/2025 011/24/2025 No20251124 HydRel 601-000-0000-22901 Refundable Water Meter Deposit Release - Hydrant Mtr Dep 20251124 HydRel Total: 2,000.00 A-1EXCAV Total: 2,000.00 ALEXAIR2 Alex Air Apparatus 2 LLC 151.00 0.00 12/03/2025 011/18/2025 No*** 10240 101-420-2220-44040 Repairs/Maint Eqpt SCBA Repair 37.50 0.00 12/03/2025 011/18/2025 No*** 10240 101-420-2220-43050 Physicals SCBA Mask Fit Test 10240 Total: 188.50 ALEXAIR2 Total: 188.50 AMRENG American Engineering Testing Inc 745.00 0.00 12/03/2025 011/17/2025 NoPJI-080747 404-000-0000-43030 Engineering Services Reid Park Parking Lot Imp 25X.138288 PJI-080747 Total: 745.00 2,528.20 0.00 12/03/2025 011/17/2025 NoPJI-080751 449-480-8133-43030 Engineering Services 2025 St & Util Imp 25X.137240 PJI-080751 Total: 2,528.20 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 1 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number AMRENG Total: 3,273.20 APPLEFRD Apple Ford White Bear Lake 804.58 0.00 12/03/2025 011/18/2025 No*** W7CP954767 101-430-3100-44040 Repairs/Maint Eqpt W2 F550 Svc Truck Repairs 804.57 0.00 12/03/2025 011/18/2025 No*** W7CP954767 602-495-9450-44040 Repairs/Maint. Equip. W2 F550 Svc Truck Repairs W7CP954767 Total: 1,609.15 APPLEFRD Total: 1,609.15 AUTOZONE AutoZone Inc 180.99 0.00 12/03/2025 011/17/2025 No06879505554 101-450-5200-42210 Repair/Maint. Supplies 2019 Chevy Battery 06879505554 Total: 180.99 AUTOZONE Total: 180.99 BAGMANLL Bag Man LLC 421.00 0.00 12/03/2025 011/5/2025 No87414 101-450-5200-42210 Repair/Maint. Supplies Park Ice Rink Cover 87414 Total: 421.00 BAGMANLL Total: 421.00 BARCOPRO Barco Products LLC 1,421.55 0.00 12/03/2025 011/17/2025 NoINVRCO35813 101-450-5200-44300 Miscellaneous Graff Park Bench Donation INVRCO35813 Total: 1,421.55 BARCOPRO Total: 1,421.55 BOLTON Bolton & Menk, Inc 2,354.50 0.00 12/03/2025 010/27/2025 No377627 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 2 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 101-450-5200-43150 Contracted Services Ridge Park Concept Plan 377627 Total: 2,354.50 2,862.00 0.00 12/03/2025 010/29/2025 No*** 377792 101-410-1910-43150 Contract Services General Planning 159.00 0.00 12/03/2025 010/29/2025 No*** 377792 803-000-0000-22910 Developer Escrow At Home Apts 79.50 0.00 12/03/2025 010/29/2025 No*** 377792 803-000-0000-22910 Developer Escrow Bridgewater 238.50 0.00 12/03/2025 010/29/2025 No*** 377792 803-000-0000-22910 Developer Escrow Eberhard-Highpointe 159.00 0.00 12/03/2025 010/29/2025 No*** 377792 803-000-0000-22910 Developer Escrow Roers 715.50 0.00 12/03/2025 010/29/2025 No*** 377792 803-000-0000-22910 Developer Escrow Inwood TH 3,063.50 0.00 12/03/2025 010/29/2025 No*** 377792 803-000-0000-22910 Developer Escrow Limerick 377792 Total: 7,277.00 BOLTON Total: 9,631.50 CINTAS Cintas Corp 19.51 0.00 12/03/2025 011/12/2025 No*** 4249613271 601-494-9400-44170 Uniforms Uniforms 4.51 0.00 12/03/2025 011/12/2025 No*** 4249613271 603-496-9500-44170 Uniforms Uniforms 11.17 0.00 12/03/2025 011/12/2025 No*** 4249613271 602-495-9450-44170 Uniforms Uniforms 21.34 0.00 12/03/2025 011/12/2025 No*** 4249613271 101-450-5200-44170 Uniforms Uniforms 110.22 0.00 12/03/2025 011/12/2025 No*** 4249613271 101-430-3100-44170 Uniforms Uniforms 110.34 0.00 12/03/2025 011/12/2025 No*** 4249613271 101-430-3100-42150 Operating Supplies Rugs/Soap/Rags 4249613271 Total: 277.09 20.01 0.00 12/03/2025 011/19/2025 No*** 4250394538 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 3 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 601-494-9400-44170 Uniforms Uniforms 4.62 0.00 12/03/2025 011/19/2025 No*** 4250394538 603-496-9500-44170 Uniforms Uniforms 11.46 0.00 12/03/2025 011/19/2025 No*** 4250394538 602-495-9450-44170 Uniforms Uniforms 21.89 0.00 12/03/2025 011/19/2025 No*** 4250394538 101-450-5200-44170 Uniforms Uniforms 113.06 0.00 12/03/2025 011/19/2025 No*** 4250394538 101-430-3100-44170 Uniforms Uniforms 87.14 0.00 12/03/2025 011/19/2025 No*** 4250394538 101-430-3100-42150 Operating Supplies Rugs/Soap/Rags 4250394538 Total: 258.18 CINTAS Total: 535.27 CINTASTX Cintas Corp 394.09 0.00 12/03/2025 011/17/2025 No4250036069 703-000-0000-42110 Cleaning Supplies Cleaning & Maint & Supps - City Ctr 4250036069 Total: 394.09 CINTASTX Total: 394.09 COMPAC Companion Animal Control 1,920.60 0.00 12/03/2025 06/30/2025 No20250630A 101-420-2700-43150 Contract Services Monthly Animal Control Svcs 20250630A Total: 1,920.60 COMPAC Total: 1,920.60 COREMAIN CORE & MAIN LP 237.39 0.00 12/03/2025 08/5/2025 NoINV0019789 601-494-9400-42150 Operating Supplies FL2 Accuvac - Testing INV0019789 Total: 237.39 236.70 0.00 12/03/2025 011/20/2025 NoINV0023724 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 4 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 601-494-9400-42150 Operating Supplies Water FL2 Reagent INV0023724 Total: 236.70 COREMAIN Total: 474.09 CTYBLO City of Bloomington - Civic Plaza 140.00 0.00 12/03/2025 011/5/2025 No25700 601-494-9400-42270 Utility System Maintenance Lab bact testing 25700 Total: 140.00 CTYBLO Total: 140.00 DABRUZZI Dabruzzi Construction LLC 3,160.00 0.00 12/03/2025 011/5/2025 No20251105-4276KW 101-430-3100-43150 Contract Services 4276 Kindred Way Apron Replaced 20251105-4276KW Total: 3,160.00 DABRUZZI Total: 3,160.00 ECMPUB ECM Publishers Inc 68.00 0.00 12/03/2025 011/14/2025 No1074089 101-410-1910-43150 Contract Services Public Notice - Ordinance 2025-16 1074089 Total: 68.00 ECMPUB Total: 68.00 GOPONE Gopher State One Call 231.30 0.00 12/03/2025 010/31/2025 No*** 5100528 601-494-9400-43150 Contract Services Ticket Costs 231.30 0.00 12/03/2025 010/31/2025 No*** 5100528 603-496-9500-43150 Contract Services Ticket Costs 231.30 0.00 12/03/2025 010/31/2025 No*** 5100528 602-495-9450-43150 Contract Services Ticket Costs AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 5 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 5100528 Total: 693.90 GOPONE Total: 693.90 GREATAFS GreatAmerica Financial Services 262.43 0.00 12/03/2025 011/17/2025 No*** 40594614 101-410-1320-44040 Repairs/Maint Eqpt Monthly Copier-Adm-020-1844896-000 262.44 0.00 12/03/2025 011/17/2025 No*** 40594614 101-410-1520-44040 Repairs/Maint Contractual Eqpt Monthly Copier-Fina-020-1844896-000 267.44 0.00 12/03/2025 011/17/2025 No*** 40594614 101-420-2400-44040 Repairs/Maint Eqpt Monthly Copier-Bldg-020-1863070-000 267.44 0.00 12/03/2025 011/17/2025 No*** 40594614 101-410-1910-44040 Repairs/Maint Contractual Eqpt Monthly Copier-Plng-020-1863070-000 40594614 Total: 1,059.75 GREATAFS Total: 1,059.75 GREATLAK Great Lakes Salt Company 2,487.57 0.00 12/03/2025 011/17/2025 NoINV147764 101-430-3100-42290 Sand/Salt Road Salt INV147764 Total: 2,487.57 GREATLAK Total: 2,487.57 HAWKINS Hawkins Inc 2,260.19 0.00 12/03/2025 011/10/2025 No7251228 601-494-9400-42160 Chemicals Well Chemicals 7251228 Total: 2,260.19 120.00 0.00 12/03/2025 011/15/2025 No7256465 601-494-9400-42160 Chemicals Well Chemicals 7256465 Total: 120.00 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 6 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number HAWKINS Total: 2,380.19 HKGI Hoisington Koegler Group Inc 1,321.25 0.00 12/03/2025 011/13/2025 No*** 022-061-35 101-410-1910-43150 Contract Services General Services 408.60 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow 39th St TH - Prairie Sky 671.45 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Schiltgen - Northstar 1st 258.75 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Northport 3rd 195.00 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Kokoro Volleyball 345.00 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Northport 1st 125.00 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Inwood TH 683.30 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Union Park 1st 115.00 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow At Home Apts 564.85 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Union Park 2nd 349.15 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Northport 2nd 589.15 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Bridgewater 2,082.23 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Amira 321.00 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Wildflower 4th 28.75 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Solar - CEF 171.25 0.00 12/03/2025 011/13/2025 No*** 022-061-35 803-000-0000-22910 Developer Escrow Savona 2nd 022-061-35 Total: 8,229.73 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 7 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number HKGI Total: 8,229.73 IUOEDU IUOE Local 49 315.00 0.00 12/03/2025 012/1/2025 No20251201 101-000-0000-21712 Union Dues Monthly Local 49 Union Dues 20251201 Total: 315.00 IUOEDU Total: 315.00 IUOEHE IUOE Local 49 Fringe Benefit Fund 14,085.00 0.00 12/03/2025 01/1/2026 No20260101 101-000-0000-21713 Union Health Insurance Local 49 monthly Health Ins Prem 20260101 Total: 14,085.00 IUOEHE Total: 14,085.00 JNDEER John Deere Financial 650.00 0.00 12/03/2025 011/18/2025 No10716161 603-496-9500-42270 Repair/Maint. Supplies Tractor Mower Driveshaft 10716161 Total: 650.00 JNDEER Total: 650.00 KAMCO Kamco Stump & Tree Removal 2,131.25 0.00 12/03/2025 011/18/2025 No5403 101-430-3100-43150 Contract Services Kamco dropped trees (3) 5403 Total: 2,131.25 KAMCO Total: 2,131.25 KATH Kath Fuel Oil Service Co 307.50 0.00 12/03/2025 011/13/2025 No*** 840828 101-430-3100-44030 Repairs/Maint Imp Not Bldgs Oil Pump Repair - Fill Station 300.00 0.00 12/03/2025 011/13/2025 No*** 840828 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 8 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 101-450-5200-44030 Repairs/Maint Imp Not Bldgs Oil Pump Repair - Fill Station 840828 Total: 607.50 200.00 0.00 12/03/2025 011/12/2025 No*** 840884 101-450-5200-42120 Fuel, Oil and Fluids Unleaded 200.00 0.00 12/03/2025 011/12/2025 No*** 840884 601-494-9400-42120 Fuel, Oil, and Fluids Unleaded 57.08 0.00 12/03/2025 011/12/2025 No*** 840884 101-420-2400-42120 Fuel, Oil and Fluids Unleaded 429.41 0.00 12/03/2025 011/12/2025 No*** 840884 101-430-3100-42120 Fuel, Oil and Fluids Unleaded 200.00 0.00 12/03/2025 011/12/2025 No*** 840884 602-495-9450-42120 Fuel, Oil, and Fluids Unleaded 840884 Total: 1,086.49 415.22 0.00 12/03/2025 011/12/2025 No840906 101-420-2220-42120 Fuel, Oil and Fluids Off Road Diesel 840906 Total: 415.22 158.75 0.00 12/03/2025 011/19/2025 No841291 101-430-3100-42120 Fuel, Oil and Fluids Windshield Washer Fluid 841291 Total: 158.75 175.00 0.00 12/03/2025 011/21/2025 No*** 841549 101-450-5200-42120 Fuel, Oil and Fluids Unleaded 100.00 0.00 12/03/2025 011/21/2025 No*** 841549 601-494-9400-42120 Fuel, Oil, and Fluids Unleaded 200.00 0.00 12/03/2025 011/21/2025 No*** 841549 603-496-9500-42120 Fuel, Oil, and Fluids Unleaded 160.58 0.00 12/03/2025 011/21/2025 No*** 841549 101-430-3100-42120 Fuel, Oil and Fluids Unleaded 100.00 0.00 12/03/2025 011/21/2025 No*** 841549 602-495-9450-42120 Fuel, Oil, and Fluids Unleaded 841549 Total: 735.58 392.51 0.00 12/03/2025 011/21/2025 No*** 841550 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 9 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 101-430-3100-42120 Fuel, Oil and Fluids Off Road 964.31 0.00 12/03/2025 011/21/2025 No*** 841550 101-420-2400-42120 Fuel, Oil and Fluids Off Road 392.50 0.00 12/03/2025 011/21/2025 No*** 841550 603-496-9500-42120 Fuel, Oil, and Fluids Off Road 841550 Total: 1,749.32 KATH Total: 4,752.86 KENNGRAV Kennedy & Graven Chartered 537.80 0.00 12/03/2025 011/13/2025 No*** 190727 101-410-1320-43040 Legal Services Fire Station & Parks Building Redevelopment 61.95 0.00 12/03/2025 011/13/2025 No*** 190727 101-410-1320-43040 Legal Services Personnel Matters 4,763.30 0.00 12/03/2025 011/13/2025 No*** 190727 101-410-1320-43040 Legal Services General Matters 53.10 0.00 12/03/2025 011/13/2025 No*** 190727 430-480-8091-43040 Legal Fees Village Parkway Railroad Crossing 159.30 0.00 12/03/2025 011/13/2025 No*** 190727 437-480-8108-43040 Legal Fees City Hall/Fire Station Building Project 42.60 0.00 12/03/2025 011/13/2025 No*** 190727 446-480-8129-43040 Legal Services Hudson Blvd Improvement Project Dispute 915.90 0.00 12/03/2025 011/13/2025 No*** 190727 601-494-9400-43040 Legal Services Amendment to DNR Water Appropriation Permit 255.60 0.00 12/03/2025 011/13/2025 No*** 190727 601-494-9400-43040 Legal Services Case - Amended Water Approp Permit No. 196-1031 305.00 0.00 12/03/2025 011/13/2025 No*** 190727 803-000-0000-22910 Developer Escrow Primrose School Development 1,329.80 0.00 12/03/2025 011/13/2025 No*** 190727 803-000-0000-22910 Developer Escrow Pecchia Creamery RLS 3,759.80 0.00 12/03/2025 011/13/2025 No*** 190727 803-000-0000-22910 Developer Escrow Inwood Townhomes 61.00 0.00 12/03/2025 011/13/2025 No*** 190727 803-000-0000-22910 Developer Escrow Amira Lake Elmo 190727 Total: 12,245.15 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 10 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number KENNGRAV Total: 12,245.15 KINDL KINDLER, BRIAN & ANNMARIE 150.00 0.00 12/03/2025 011/25/2025 No20251125 UB Rfd 601-000-0000-11501 Accounts Receivable UB Cert Over-payment on utility account - 3084 Layton Ct N 20251125 UB Rfd Total: 150.00 KINDL Total: 150.00 KLJINC KLJ Engineering LLC 827.00 0.00 12/03/2025 011/11/2025 No8407 446-480-8129-43030 Engineering Services Hudson Blvd Imp-Seg A 2023.120 8407 Total: 827.00 KLJINC Total: 827.00 LAKEJANE Lake Jane Association 5,000.00 0.00 12/03/2025 011/21/2025 No20251121 101-450-5200-44302 Lakes 2024 Eurasion Wtr Milfoil-Lake Treatment 20251121 Total: 5,000.00 LAKEJANE Total: 5,000.00 LAKEOLSO Lake Olson & Demontreville Lake Association 10,000.00 0.00 12/03/2025 011/26/2025 No20251126 101-450-5200-44302 Lakes 2025 Lake Improvement/Water Qual Grant 20251126 Total: 10,000.00 LAKEOLSO Total: 10,000.00 LRSPORTA LRS Portables LLC 461.20 0.00 12/03/2025 011/13/2025 NoMP288695 101-450-5200-44120 Rentals - Buildings #19262 - Monthly PortaPotty Rntl 11/14 - 12/11 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 11 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number MP288695 Total: 461.20 LRSPORTA Total: 461.20 MARONEYS Maroney's Sanitation Inc 293.00 0.00 12/03/2025 011/7/2025 No*** 0001120937 703-000-0000-43840 Refuse City Center - Sanitation 44.78 0.00 12/03/2025 011/7/2025 No*** 0001120937 602-495-9450-43840 Refuse Public Works - Sanitation 44.78 0.00 12/03/2025 011/7/2025 No*** 0001120937 101-430-3100-43840 Refuse Public Works - Sanitation 313.42 0.00 12/03/2025 011/7/2025 No*** 0001120937 101-450-5200-43840 Refuse Public Works - Sanitation 44.78 0.00 12/03/2025 011/7/2025 No*** 0001120937 601-494-9400-43840 Refuse Public Works - Sanitation 0001120937 Total: 740.76 MARONEYS Total: 740.76 MENOAK Menards - Oakdale -161.28 0.00 12/03/2025 011/7/2025 No15766 404-480-8000-45805 Other Project Costs Concrete Mix Refund - Schiltgen Park 15766 Total:-161.28 39.98 0.00 12/03/2025 011/10/2025 No15922 101-450-5200-42210 Repair/Maint. Supplies Park Bench Anchors - Schiltgen Park 15922 Total: 39.98 134.80 0.00 12/03/2025 011/12/2025 No16020 101-450-5200-44300 Miscellaneous Donation Bench Concrete Pad 16020 Total: 134.80 80.88 0.00 12/03/2025 011/12/2025 No16033 101-450-5200-44300 Miscellaneous Donation Bench Concrete Pad AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 12 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 16033 Total: 80.88 17.98 0.00 12/03/2025 011/13/2025 No16067 101-420-2220-44040 Repairs/Maint Eqpt Truck Equipment Parts 16067 Total: 17.98 86.72 0.00 12/03/2025 011/19/2025 No16391 101-430-3100-42210 Repair/Maint. Supplies Shop Supplies 16391 Total: 86.72 MENOAK Total: 199.08 MENSTW Menards - Stillwater 64.00 0.00 12/03/2025 011/18/2025 No63596 101-430-3100-42150 Operating Supplies Shop Supplies 63596 Total: 64.00 MENSTW Total: 64.00 METROINE METRO - INET 253.13 0.00 12/03/2025 011/1/2025 No*** 3083 603-496-9500-43185 IT Support Monthly IT Support 1,883.80 0.00 12/03/2025 011/1/2025 No*** 3083 101-420-2220-43185 IT Support Monthly IT Support 501.10 0.00 12/03/2025 011/1/2025 No*** 3083 602-495-9450-43185 IT Support Monthly IT Support 1,885.90 0.00 12/03/2025 011/1/2025 No*** 3083 101-430-3100-43185 IT Support Monthly IT Support 1,072.76 0.00 12/03/2025 011/1/2025 No*** 3083 601-494-9400-43185 IT Support Monthly IT Support 728.19 0.00 12/03/2025 011/1/2025 No*** 3083 101-410-1320-43185 IT Support Monthly IT Support 113.12 0.00 12/03/2025 011/1/2025 No*** 3083 101-410-1110-43185 IT Support Monthly IT Support 1,256.01 0.00 12/03/2025 011/1/2025 No*** 3083 101-450-5200-43185 IT Support Monthly IT Support AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 13 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 514.17 0.00 12/03/2025 011/1/2025 No*** 3083 101-410-1520-43185 IT Support Monthly IT Support 1,302.27 0.00 12/03/2025 011/1/2025 No*** 3083 101-410-1910-43185 IT Support Monthly IT Support 1,647.55 0.00 12/03/2025 011/1/2025 No*** 3083 101-420-2400-43185 IT Support Monthly IT Support 3083 Total: 11,158.00 METROINE Total: 11,158.00 MILLEREX Miller Excavating Inc 12,543.06 0.00 12/03/2025 011/13/2025 No46467 603-496-9500-44010 Street Sweeping 46467 Total: 12,543.06 MILLEREX Total: 12,543.06 MNDOHDW MN Department of Health 8,602.00 0.00 12/03/2025 012/31/2025 No2025 Qtr 4 Fees 601-494-9400-43820 Water Utility Community Water Supply Svc Conn Fee - Qtr 4 2025 2025 Qtr 4 Fees Total: 8,602.00 MNDOHDW Total: 8,602.00 PLUNKT Plunkett's Pest Control Inc 333.18 0.00 12/03/2025 011/5/2025 No10242159 703-000-0000-44010 Repairs/Maint Contractual Bldg Pest Control for City Center 10242159 Total: 333.18 PLUNKT Total: 333.18 PRECISEM PreCise MRM LLC 220.00 0.00 12/03/2025 011/18/2025 No200-2009165 101-430-3100-43190 Software Programs PreCise Fleet Mgmt Software AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 14 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 200-2009165 Total: 220.00 PRECISEM Total: 220.00 RADZIWIL RADZIWILL, JODY 320.22 0.00 12/03/2025 011/19/2025 No20251119 UB Rfd 601-000-0000-11501 Accounts Receivable UB Cert Double-paid final utility bill - 3275 Linden Ave N 20251119 UB Rfd Total: 320.22 RADZIWIL Total: 320.22 ROBERTHO Robert Thomas Homes 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe01 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 3468 Knightsbridge Tr 20251112EscRe01 Total: 10,000.00 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe02 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 3511 Knightsbridge Tr 20251112EscRe02 Total: 10,000.00 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe03 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 3516 Knightsbridge Tr 20251112EscRe03 Total: 10,000.00 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe04 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 3539 Knightsbridge Tr 20251112EscRe04 Total: 10,000.00 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe05 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 3545 Knightsbridge Tr 20251112EscRe05 Total: 10,000.00 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe06 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 10921 37th St AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 15 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 20251112EscRe06 Total: 10,000.00 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe07 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 10974 37th St 20251112EscRe07 Total: 10,000.00 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe08 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 10877 38th St 20251112EscRe08 Total: 10,000.00 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe09 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 10884 38th St 20251112EscRe09 Total: 10,000.00 10,000.00 0.00 12/03/2025 011/12/2025 No20251112EscRe10 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 10899 38th St 20251112EscRe10 Total: 10,000.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe01 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11289 Upper 39th 20251119EscRe01 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe02 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11295 Upper 39th 20251119EscRe02 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe03 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11300 Upper 39th 20251119EscRe03 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe04 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11301 Upper 39th 20251119EscRe04 Total: 2,500.00 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 16 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe05 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11307 Upper 39th 20251119EscRe05 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe06 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11308 Upper 39th 20251119EscRe06 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe07 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11312 Upper 39th 20251119EscRe07 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe08 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11313 Upper 39th 20251119EscRe08 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe09 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11316 Upper 39th 20251119EscRe09 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe10 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11319 Upper 39th 20251119EscRe10 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe11 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11320 Upper 39th 20251119EscRe11 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe12 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11324 Upper 39th 20251119EscRe12 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe13 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11304 Upper 39th AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 17 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 20251119EscRe13 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe14 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11328 Upper 39th 20251119EscRe14 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe15 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11332 Upper 39th 20251119EscRe15 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe16 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11336 Upper 39th 20251119EscRe16 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe17 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11340 Upper 39th 20251119EscRe17 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe18 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11343 Upper 39th 20251119EscRe18 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe19 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11344 Upper 39th 20251119EscRe19 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe20 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11348 Upper 39th 20251119EscRe20 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe21 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11355 Upper 39th 20251119EscRe21 Total: 2,500.00 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 18 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe22 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11356 Upper 39th 20251119EscRe22 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe23 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11360 Upper 39th 20251119EscRe23 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe24 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11361 Upper 39th 20251119EscRe24 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe25 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11364 Upper 39th 20251119EscRe25 Total: 2,500.00 2,500.00 0.00 12/03/2025 011/19/2025 No20251119EscRe26 803-000-0000-22900 Deposits Payable-Residential Escrow Release - 11368 Upper 39th 20251119EscRe26 Total: 2,500.00 ROBERTHO Total: 165,000.00 SAFEFAST Safe-Fast Inc 317.35 0.00 12/03/2025 011/14/2025 No*** INV316916 101-430-3100-44375 Personal Protection Equipment PW - PPE 317.35 0.00 12/03/2025 011/14/2025 No*** INV316916 101-450-5200-44375 Personal Protection Equipment PW - PPE 200.00 0.00 12/03/2025 011/14/2025 No*** INV316916 601-494-9400-44375 Personal Protection Equipment PW - PPE 200.00 0.00 12/03/2025 011/14/2025 No*** INV316916 602-495-9450-44375 Personal Protective Equipment PW - PPE INV316916 Total: 1,034.70 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 19 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number SAFEFAST Total: 1,034.70 SCHLENNE Schlenner Wenner & Co 135.00 0.00 12/03/2025 07/31/2025 No332903 101-410-1520-43010 Audit Services Audit Consulting 332903 Total: 135.00 SCHLENNE Total: 135.00 SCHWICKE Schwickert's Tecta America 4,275.00 0.00 12/03/2025 08/18/2025 NoS510144828 703-000-0000-44010 Repairs/Maint Contractual Bldg HVAC Planned Svc Cooling S510144828 Total: 4,275.00 960.00 0.00 12/03/2025 011/13/2025 NoS510148545 703-000-0000-44010 Repairs/Maint Contractual Bldg HVAC Repair - RTU #1 S510148545 Total: 960.00 410.00 0.00 12/03/2025 011/25/2025 NoS510148898 601-494-9400-44010 Repairs/Maint Bldgs Well 5 Heater Repair S510148898 Total: 410.00 1,180.00 0.00 12/03/2025 011/25/2025 NoS510148900 101-430-3100-44010 Repairs/Maint Bldg PW Shop Heater Repair S510148900 Total: 1,180.00 560.00 0.00 12/03/2025 011/25/2025 NoS510148905 601-494-9400-44010 Repairs/Maint Bldgs Well House 5 Thermostat Replacement S510148905 Total: 560.00 SCHWICKE Total: 7,385.00 SHORT Short Elliott Hendrickson, Inc 1,537.10 0.00 12/03/2025 011/17/2025 No499103 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 20 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 601-494-9400-45300 Improvments Other Than Bldgs Water Tower #1 Demo 499103 Total: 1,537.10 SHORT Total: 1,537.10 SHREDRIG Shred Right 18.85 0.00 12/03/2025 011/12/2025 No60736 101-410-1320-43150 Contract Services Monthly Shredding Services 60736 Total: 18.85 SHREDRIG Total: 18.85 SIRLINES Sir Lines-A-Lot LLC 14,143.34 0.00 12/03/2025 010/22/2025 NoH25-1040-001 408-430-3100-43150 Contract Services 2025 Striping Project H25-1040-001 Total: 14,143.34 SIRLINES Total: 14,143.34 STANTEC Stantec Consulting Services Inc 9,579.30 0.00 12/03/2025 011/20/2025 No*** 2487573 601-480-8126-43150 Contract Services South Area Prod Wells/Treatmt 6,373.00 0.00 12/03/2025 011/20/2025 No*** 2487573 601-480-8141-43030 Engineering Services Test Wells 6 Eng - Non-Reimbursable 2487573 Total: 15,952.30 345.46 0.00 12/03/2025 011/20/2025 No2487574 601-480-8134-43030 Engineering Services Well 2 PFAS Water Treatmt 2487574 Total: 345.46 STANTEC Total: 16,297.76 TELMET Telemetry and Process Controls Inc 256.00 0.00 12/03/2025 011/7/2025 No117940 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 21 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 602-495-9450-43150 Contract Services 94 LS New Pump Reset 117940 Total: 256.00 1,215.79 0.00 12/03/2025 011/7/2025 No117941 601-494-9400-43150 Contract Services Well 4 VFD 117941 Total: 1,215.79 TELMET Total: 1,471.79 TENNANTC Tennant Company 4,000.00 0.00 12/03/2025 011/10/2025 No*** 14816 601-494-9400-42400 Small Tools & Minor Equipment Tennant Floor Scrubber 1,500.00 0.00 12/03/2025 011/10/2025 No*** 14816 602-495-9450-42400 Small Tools & Minor Equipment Tennant Floor Scrubber 2,750.00 0.00 12/03/2025 011/10/2025 No*** 14816 101-420-2220-42400 Small Tools & Equipment Tennant Floor Scrubber 14816 Total: 8,250.00 TENNANTC Total: 8,250.00 TITMAC Titan Machinery 663.10 0.00 12/03/2025 011/13/2025 NoSO0248129-1 101-430-3100-44040 Repairs/Maint Eqpt Case Loader Repair SO0248129-1 Total: 663.10 TITMAC Total: 663.10 TRAUCO Traut Companies 1,211.84 0.00 12/03/2025 011/25/2025 No20251125 HydRel 601-000-0000-22901 Refundable Water Meter Deposit Hydrant Meter deposit refund less 70,700 gallons used 20251125 HydRel Total: 1,211.84 TRAUCO Total: 1,211.84 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 22 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number TRISTATE Tri State Bobcat 357.48 0.00 12/03/2025 011/13/2025 NoA56544 101-430-3100-44040 Repairs/Maint Eqpt Bandit Chipper - Blades/Bolts A56544 Total: 357.48 107.08 0.00 12/03/2025 011/20/2025 NoT75031 603-496-9500-42270 Repair/Maint. Supplies Skidsteer brush hog repair T75031 Total: 107.08 104.01 0.00 12/03/2025 011/20/2025 NoT75042 101-430-3100-44040 Repairs/Maint Eqpt Woodchipper Air Filters T75042 Total: 104.01 TRISTATE Total: 568.57 TWINTOWN Twin Town Plumbing 307.00 0.00 12/03/2025 010/23/2025 No5679 703-000-0000-44040 Repairs/Maint Contractual Eqpt Toilet Repair - Men's Public Restroom - CityCtr 5679 Total: 307.00 155.00 0.00 12/03/2025 011/6/2025 No5699 601-494-9400-43150 Contract Services Meter Replacement - 11356 30th St 5699 Total: 155.00 TWINTOWN Total: 462.00 UNIVOFM U OF M TURFGRASS SCIENCE 3,000.00 0.00 12/03/2025 011/19/2025 No20251119 HydRel 601-000-0000-22901 Refundable Water Meter Deposit Hydrant Meter Deposit Refund 20251119 HydRel Total: 3,000.00 UNIVOFM Total: 3,000.00 USBANKSP US BANK AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 23 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 575.00 0.00 12/03/2025 07/25/2025 No7828954 333-470-7000-46200 Fiscal Agent Fees 2023A - Admin Fees 07/01/25 - 06/30/26 7828954 Total: 575.00 575.00 0.00 12/03/2025 08/25/2025 No7867478 332-470-7000-46250 Fiscal Agent Fees 2022A - Admin Fees 08/01/25 - 07/31/26 7867478 Total: 575.00 575.00 0.00 12/03/2025 08/25/2025 No7873895 334-000-0000-46200 Fiscal Agent fees - annual 2024A - Admin Fees 08/01/25 - 07/31/26 7873895 Total: 575.00 475.00 0.00 12/03/2025 010/24/2025 No7937109 329-470-7000-46200 Fiscal Agent fees - annual 2019A - Admin Fees 10/1/25 - 09/30/26 7937109 Total: 475.00 USBANKSP Total: 2,200.00 USSOLR USS Minnesota One MT LLC 969.39 0.00 12/03/2025 011/21/2025 NoC251120-150248 601-494-9400-43810 Electric Utility US Solar Sunscrptn - Aug 4525 Lilly, 11975 55th C251120-150248 Total: 969.39 USSOLR Total: 969.39 WACOPW Washington County - WACO Public Works Dept 5,733.48 0.00 12/03/2025 011/18/2025 No233302 601-494-9400-43150 Contract Services CSAH 13 Pavement Rehab 25X.138608 233302 Total: 5,733.48 43,504.78 0.00 12/03/2025 011/18/2025 No233303 601-494-9400-43150 Contract Services CSAH 13 Pavement Rehab 25X.138608 233303 Total: 43,504.78 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 24 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number WACOPW Total: 49,238.26 WASHSHER Washington County Sheriff 682,290.69 0.00 12/03/2025 011/17/2025 No233291 101-420-2100-43150 Law Enforcement Contract Jul-Dec 2025 Police Svcs 233291 Total: 682,290.69 WASHSHER Total: 682,290.69 XCEL Xcel Energy 2,740.59 0.00 12/03/2025 011/18/2025 No953662295 601-494-9400-43810 Electric Utility 4525 Lily Ave N - Well #5 Pump - 51-0013315481-4 953662295 Total: 2,740.59 28.66 0.00 12/03/2025 011/18/2025 No953668652 601-494-9400-43810 Electric Utility 3418 Lake Elmo PresRedValve #51-0014032232-4 953668652 Total: 28.66 57.02 0.00 12/03/2025 011/18/2025 No953670446 101-430-3100-43811 Street Lights 689 Inwood Ave Traffic Signal - #51-0013811065-2 953670446 Total: 57.02 142.52 0.00 12/03/2025 011/18/2025 No953672252 602-495-9450-43810 Electric Utility 9956 Tapestry Rd Lift Station - 51-0014133900-7 953672252 Total: 142.52 182.64 0.00 12/03/2025 011/18/2025 No953676363 602-495-9450-43810 Electric Utility 10845 32nd St Lift Station #51-0013680215-5 953676363 Total: 182.64 2,860.87 0.00 12/03/2025 011/18/2025 No953686167 703-000-0000-43810 Electric Utility Elec Util 3880 Laverne Ave N - 51-0013935424-9 953686167 Total: 2,860.87 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 25 *** means this invoice number is a duplicate. Invoice Number Invoice Date Amount Quantity Payment Date Description Reference Type PO #Close PO Line #Task Label Account Number 511.04 0.00 12/03/2025 011/18/2025 No953688272 601-494-9400-43810 Electric Utility 51-0014032224-4 - Wat Tower 120 LE Ave 953688272 Total: 511.04 76.80 0.00 12/03/2025 011/18/2025 No953712810 101-430-3100-43811 Street Lights 179 Keats Ave Traffic Signal - #51-0012718950-5 953712810 Total: 76.80 489.62 0.00 12/03/2025 011/19/2025 No953732789 602-495-9450-43810 Electric Utility Electric Utility - 51-4504807-7 953732789 Total: 489.62 23.77 0.00 12/03/2025 011/24/2025 No954361712 101-430-3100-43811 Street Lights 3014 Jamley Ave N - Street Lamp 51-4572945-7 954361712 Total: 23.77 XCEL Total: 7,113.53 Report Total: 1,088,057.76 AP-To Be Paid Proof List (11/26/2025 - 12:27 PM)Page 26 *** means this invoice number is a duplicate. STAFF REPORT DATE:December 2, 2025 CONSENT TO: City Council FROM: Mike Rusenovich, Project Engineer AGENDA ITEM: Accept Improvements and Approve Pay Request No. 2 (FINAL) for the 2025 Mill and Overlay Project REVIEWED BY: Nicole Miller, City Administrator Clarissa Hadler, Finance Director Adam Swanepoel, Public Works Assistant Director Nate Stanley, City Engineer CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☒ Balanced Finances now and future ☐ Managed Growth ☒ Resilient Infrastructure BACKGROUND: : Bituminous Roadways, Inc., was awarded a construction contract on September 17th, 2025 to complete the 2025 Mill and Overlay Project. The contractor has completed the work in accordance with the contract, plans, and specifications, including all punch list items. ISSUE BEFORE COUNCIL: Should the City Council accept the improvements and approve Pay Request No. 2 (FINAL) for the 2025 Mill and Overlay project? PROPOSAL DETAILS/ANALYSIS: Bituminous Roadways, Inc. has submitted Pay Request No. 2 (FINAL) in the amount of $907.54. The Project Engineer has prepared a Certificate of Completion indicating that all work is completed, including all punch list items, and is recommending the acceptance of the improvements and release of final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on December 2, 2025 and will extend through December 2, 2026. FISCAL IMPACT: None. Final Payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget for the project. The total project construction cost for this contract was $90,754.20 versus the contract amount of $108,504.75. RECOMMENDATION: Staff is recommending that the City Council approve, as a part of the Consent Agenda, Pay Request No. 2 (FINAL) for the 2025 Mill and Overlay Project. If removed from the consent agenda, the recommended motion for the action is as follows: Motion to approve Pay Request No. 2 (FINAL) in the amount of $907.54 to Bituminous Roadways, Inc. for the 2025 Mill and Overlay Project. ATTACHMENTS: 1.Partial Pay Estimate No. 2 (FINAL). 2.Certificate of Completion. STAFF REPORT DATE:December 2, 2025 CONSENT TO: City Council FROM: Nate Stanley, City Engineer AGENDA ITEM: Amend Motion Authorizing Engineering services for 2026 Crosswalk Layouts REVIEWED BY: Nicole Miller, City Administrator Clarissa Hadler, Finance Director Adam Swanepoel, Assistant Public Works Director Chad Isakson, Assistant City Engineer Jack Griffin, Municipal Sr. Project Manager. CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☒ Managed Growth ☒ Resilient Infrastructure BACKGROUND: On December 3, 2024, the City Council adopted a Pedestrian Crosswalk Policy to guide the City in determining when to mark a crosswalk and when to leave a crosswalk unmarked. Earlier this year staff received a request from a property owner to install marked crosswalks; on November 18, 2025 the request was brought to the City Council to authorize engineering services for the preparation of conceptual layouts and planning-level cost estimates for new proposed crosswalks to be installed in 2026. The request includes three intersections, 5th Street and Ivwood Circle, 5th Street and Julia Avenue, and Village Parkway and Lower 31st Street. After some discussion, Council approved the item authorizing the engineering services for the crosswalks. However, at the November 18, 2025 City Council meeting there was a question of whether pedestrian counts were necessary as a part of the engineering analysis for these crosswalks. Due to a lack of clarity around this issue at the time of discussion Council added language to the motion delaying the work to May 2026, as there was concern that if pedestrian counts were needed as part of the analysis they could be skewed low during the winter months and not adequately reflect the number of people wishing to cross at the locations being analyzed. Staff has since reviewed the Pedestrian Crosswalk Policy and verified that for these three locations pedestrian counts are not needed to qualify the locations as candidates for a marked crosswalk and play no role in the analysis. ISSUE BEFORE COUNCIL: Should the City Council amend the motion authorizing engineering services for the preparation of conceptual layouts and planning-level cost estimates for three new proposed crosswalks to be installed in 2026, at the intersections of 5th Street and Ivwood Circle, 5th Street and Julia Avenue, and Village Parkway and Lower 31st Street to begin immediately? PROPOSAL DETAILS/ANALYSIS: Staff received a request from a property owner to install crosswalks along 5th Street North, between Inwood Avenue (CSAH 13) and Keats Avenue (CSAH 19). These intersections were reviewed by City staff to determine where crosswalks should be marked along this corridor. From this review, two intersections were identified that met the policy for crosswalk markings. The intersection of 5th Street and Ivwood Circle meets the policy recommendations for a marked crosswalk since the intersection is immediately adjacent to Ivywood Park, and the intersection of 5th Street and Julia Avenue meets the policy recommendations for a marked crosswalk since the intersection is immediately adjacent to Savona Park. As part of this review process, staff identified an additional intersection at Village Parkway and Lower 31st Street that is also immediately adjacent to a park (Northport HOA Park). All of the intersections evaluated fall under the category of side-street stop control. As such the policy reads as follows: “At locations across a stop-controlled leg of a side street stop-controlled intersection, it is the City Policy that crosswalks will remain unmarked, unless the crossing directly serves a key destination as defined in the “Criteria Definitions” section. A key destination is defined in the policy as follows: “For this Policy a key destination includes a school or public park immediately adjacent to the crossing location, an established school route, or the crossing location is along a designated walking/bicycle route to/from the Old Village in a plan that has been formally adopted by the City of Lake Elmo. Under the policy these locations qualify for being marked based on the criteria cited above, no pedestrian counts are needed to qualify the intersections for analysis. A copy of the Crosswalk Policy is attached to this item with the applicable sections governing these intersections highlighted. City staff reached out to SRF Consulting, Inc. to obtain a proposal to provide crosswalk recommendations for the three designated intersections. The scope of services is limited to the proposed layouts with estimated implementation costs, as detailed design engineering and construction phase assistance may or may not be required once the identified scope of improvements has been completed. If the crosswalk markings are limited to pavement markings and signage, it is likely the work can be installed by Public Works. However, as 5th Street is a high-volume, higher-speed collector roadway, the work may require additional improvements including raised median, high visibility electronic signage, and/or pedestrian ramp improvements. Should the design layout require more significant improvements, the project may need to be competitively bid for contractor installation. In either case, the proposed crosswalk layout together with estimates for installation costs will be brought back to the City Council for consideration and direction. FISCAL IMPACT: $22,832 for the engineering services to provide crosswalk recommendations and detailed design layout for the three designated intersections. No estimate is available for the crosswalk installation until the scope of improvements is known. Amending this motion will have no bearing on the Fiscal Impact. RECOMMENDATION: Staff is recommending that the City Council amend, as a part of the consent agenda, the previous motion passed authorizing engineering services for the 2026 Crosswalk Improvements. The recommended motion for the action is as follows: “Move to authorize preliminary engineering services for the 2026 Crosswalk Improvements in the estimated amount of $22,832, for the intersections of 5th Street and Ivwood Circle, 5th Street and Julia Avenue, and Village Parkway and Lower 31st Street as previously approved November 18, 2025 to begin immediately.” ATTACHMENTS: 1.SRF Consulting Task Order No. 10, 2026 Crosswalk Improvements. 2.Engineer’s Proposal and Fee Estimate dated November 6, 2025. 3.2026 Crosswalk Improvement Location Map(s). 4.City of Lake Elmo Crosswalk Policy. 11/6/2025 Page 1 of 1 SRF Consulting Group, Inc. Work Tasks and Person-Hour Estimates Client: City of Lake Elmo Project: 2026 Pedestrian Crosswalk Improvements & Policy Update TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE 1.0 Project Management Assumptions: City meetings will be virtual. City Council meeting will be attended by one (1) SRF employee in person. 1.1 City Meetings (2)1 - 6 - - - 2 - - 9 $1,918.00 1.2 City Council Meeting (1) - - 8 - - - 2 - - 10 $2,070.00 1.3Overall Project Managemenet 1-4------5$1,138.00 SUBTOTAL - TASK 1 201800040024$5,126.00 2.0 Crossing Evaluation and Crosswalk Improvement Recommendations Assumptions: Up to two (2) conceptual layouts per location with one (1) round of comments. Includes high-level pavement marking, signage, and ADA recommendations for the preferred concept per location. 2.1 Site review --4------4$860.00 2.2 Policy evaluation and decision memo - - 8 - 4 - 4 - - 16 $3,048.00 2.3 Conceptual layout and planning-level cost estimate 1 - 10 - 16 - 16 - - 43 $7,740.00 SUBTOTAL - TASK 2 1 0 22 0 20 0 20 0 0 63 $11,648.00 3.0 RRFB Policy Update Assumptions: Brief write up and documentation to supplement existing city policy. 3.1 Industrywide Review - - 1 - 2 - 4 - - 7 $1,229.00 3.2 Guidance Development 1 - 8 - 8 - 8 - - 25 $4,654.00 SUBTOTAL - TASK 3 1090100120032$5,883.00 TOTAL ESTIMATED PERSON-HOURS 4 0 49 0 30 0 36 0 0 119 AVERAGE HOURLY BILLING RATE $278.00 $245.00 $215.00 $188.00 $157.00 $142.00 $175.00 $151.00 $39.00 ESTIMATED LABOR AND OVERHEAD $1,112.00 $0.00 $10,535.00 $0.00 $4,710.00 $0.00 $6,300.00 $0.00 $0.00 $22,657.00 SRF ESTIMATED DIRECT NON-SALARY EXPENSES $175.00 $22,832.00 TOTAL ESTIMATED FEE (SRF and Subconsultants combined)$22,832.00 SRF ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE: Personal Vehicles 250 Miles @ $0.700 $175.00 SRF EXPENSES: $175.00 SUBTOTAL: (SRF Labor and Expenses) SRF CONSULTING GROUP, INC. TASK ORDER 10- 2026 Crosswalk Improvements_Fee_v2 MINNEAPOLIS. MN IslandTrail Rd E a g le Poin t B l v d H u d s o n B l v d N H u d s on Blvd N Jade T r a i l N 5th St N Inwood Av e N I n w o o d A v e N Stonegate Par k 94 W o odb ury Lakes Rd Hudson Blvd N I n w o od Ave N J a de Trail N 5 t h St N 5 t h S t N J ulep Ave N 7th StN 8th St N James Ave N 6 t h S t N J e w elAveN Ja s m i n e A v e N 4th S t N Ju n i p e r A ve N J u n c o R d N 6 thStre e t L n N Lo w e r 8 t h St N 94 H u d s o n B l v d N Lake Elmo GIS Vantor, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community Lakes Local Trails Public Trail Paved Private Trail County Trails County/Regional Parks City Limits 11/9/2025, 9:23:34 PM 0 820 1,640410 ft 0 250 500125 m 1:12,592 V i l l a g e P k w y N 32nd S t N L i la c A ve NUpper33rdStN 3 3 r d S t N 3 3 r d S t N L i n d e n A v e N M a n n i n g A v e NVFWPark Lake E lmo A ir por t VillagePkwy N 3 0 t h S t N 3 0 t h S t N 3 1 s t S t N Lisbon Avenu e C t N L e g i o n A v e N Lisbon A v e N M a n n i n g A v e N 30t h S t N Lake Elmo GIS Vantor, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community Lakes Local Trails Bike Trail Public Trail Paved Public Trail Soft Surface Private Trail Null Parks City Limits 11/9/2025, 9:25:24 PM 0 820 1,640410 ft 0 250 500125 m 1:12,592           CITY OF LAKE ELMO PEDESTRIAN CROSSWALK POLICY       PREPARED BY: CITY OF LAKE ELMO PUBLIC WORKS DEPARTMENT           December 2024 TABLE OF CONTENTS Purpose ................................................................................................................................................................................ 1  Background ......................................................................................................................................................................... 1  Crosswalk Marking Policy .............................................................................................................................................. 2  All Way Stop Control and Signalized Intersections .......................................................................................... 2  Side-Street Stop Control Intersection ................................................................................................................... 2  Roundabouts ................................................................................................................................................................. 2  Mid-BLock Crossings .................................................................................................................................................. 2  Uncontrolled Intersection ......................................................................................................................................... 3  Criteria Definitions .................................................................................................................................................... 3  Removal of Crossing Infrastructure ....................................................................................................................... 4  Appendix ............................................................................................................................................................................. 5  APPENDIX  Crossing Evaluation Process Minnesota State Statute Crosswalk Marking Definitions Crossing Control Definitions Crossing Infrastructure Treatments 1 PURPOSE Pedestrian safety is a top priority for the City of Lake Elmo. With an increasing number of distractions for both pedestrians and drivers, it is important to understand that it is everyone's responsibility to ensure pedestrian safety.  Pedestrian crosswalks are an integral part of our transportation infrastructure. To be effective and promote safety, marked crosswalks should be limited in use and must be installed only after careful consideration and review. The review shall be done with adherence to accepted guidelines and good engineering practice. The City of Lake Elmo has developed this Policy to determine when a crosswalk will be marked or remain unmarked throughout the City. BACKGROUND Whether marked or unmarked, legal crosswalks exist at all legs of all intersections where sidewalks normally exist, including T-intersections, except where closed and appropriately signed. Marking a crosswalk will not necessarily increase the safety for pedestrians crossing the roadway. Some studies have found that crosswalk markings can create a false sense of security in a pedestrian, and markings do not necessarily result in higher compliance with vehicles stopping for pedestrians. Therefore, the City carefully reviews each request for crosswalks to determine if installing a crosswalk is appropriate for that intersection. As defined in Minnesota State Statute Chapter 169, motorists are required to stop for pedestrians who have entered a legal crosswalk at any intersection, regardless of whether crosswalk markings are present, until the pedestrian has passed the lane in which the vehicle is stopped. Pedestrians are also permitted to cross the street between intersections, provided they yield right of way to vehicles, and they do not cross between adjacent intersections with traffic signals. 2 CROSSWALK MARKING POLICY This policy applies to streets owned and maintained by the City of Lake Elmo. Roadways not owned by the city must be addressed by the appropriate jurisdictional authority.   A marked crosswalk is any crosswalk that is delineated by markings placed on the pavement for the purpose of directing pedestrians to use a particular location to cross the street. Marked crosswalks should connect to established sidewalks/trails at both ends. ADA accessible ramps should be included at both ends of marked crosswalk installations unless there are engineering reasons they cannot be provided. Street lighting should be considered at all crosswalk locations. The provisions of the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) shall be followed. ALL WAY STOP CONTROL AND SIGNALIZED INTERSECTIONS At locations controlled by a traffic signal or all way stop, it is the City Policy that crosswalks should be marked at all legs if a sidewalk or shared use path exists at the intersection.   Although no explicit industry standard exists for all way stop control and signalized intersections, many local agencies mark crosswalks at all legs when such a crossing is warranted due to existing walking/biking connections at the intersection. This is further supported by guidance from the National Association of Transportation Officials (NACTO) advising the marking of a crosswalk at all legs when warranted. SIDE-STREET STOP CONTROL INTERSECTION At locations across a stop-controlled leg of a side street stop-controlled intersection, it is the City Policy that crosswalks will remain unmarked, unless the crossing directly serves a key destination as defined in the “Criteria Definitions” section.  ROUNDABOUTS It is the City Policy that crosswalks at roundabouts should be marked in accordance with roundabout engineering design.  MID-BLOCK CROSSINGS The use of mid-block, uncontrolled crosswalks is generally discouraged unless an engineering study determines a specific need for this type of crosswalk. If permitted and established by the City, mid- block crosswalks will be marked and may include additional safety features and enhancements as determined by an engineering evaluation and the Public Works Director.  3 UNCONTROLLED INTERSECTION Marked crosswalks at uncontrolled locations must be carefully selected and designed to ensure that they enhance, rather than reduce, pedestrian safety. Each uncontrolled crossing location requires staff review and engineering evaluation in accordance with criteria outlined in this Policy and the following flowchart. 4 Criteria Definitions  Minimum vehicle volume threshold: Marked crosswalks should generally not be considered for roadways with less than 1,000 average annual vehicles per day (AADT) unless as part of a designated school walking route.    Minimum pedestrian/bicycle volume threshold: The pedestrian and bicycle crossing demand during a 24-hour period meets one or more of the following criteria. The count hours do not need to be consecutive. Follow this process to complete the criteria: 1. Collect a total of 24 hours of pedestrian and bicycle counts that are broken down by 1- hour increments. 2. Select the 4 highest, 1-hour increment pedestrian/bicycle counts from the 24-hour period of collected data. 3. The minimum pedestrian/bicycle volume threshold must meet one or more of the following criteriay:  20 pedestrian/bicycle crossings in 1 of the 4 hours  15 pedestrian/bicycle crossings in 2 of the 4 hours  10 pedestrian/bicycle crossings in 3 of the 4 hours  5 pedestrian/bicycle crossings in 4 of the 4 hours  Pedestrian or bicycle involved crash in the last ten years: ≥1 crash involving a pedestrian or bicyclist at the existing point crossing under review over the last 10 years. A crash not addressable by engineering design (e.g., impaired driver, etc.) does not count.  Location directly serves a key destination: For this Policy a key destination includes a school or public park immediately adjacent to the crossing location, and established school route, or the crossing location is along a designated walking/bicycle route to/from the Old Village in a plan that has been formally adopted by the City of Lake Elmo.  Sight distance requirement: The required sight distance for a vehicle to come to a complete stop at the point of crossing per AASHTO’s guidance using the roadway’s design speed.  Remove obstruction: If an obstruction is present (e.g., sign, tree, utility pole, etc.), reviewing if the obstruction can be removed to meet the specific crossing sight distance requirement. REMOVAL OF CROSSING INFRASTRUCTURE Conditions that contribute to the need for a crossing enhancement may change over time, or a crossing may no longer be needed. When a roadway surface is to be impacted by reconstruction or resurfacing, a review should be performed to determine their use and need. If a crosswalk or crossing meets the criteria outlined in this assessment, it should be maintained. If it does not meet the criteria, it should be brought to the City Engineer and Public Works Director for consideration of removal. In lieu of a removal, a crossing may also be reviewed for changes to align with the latest guidance or changing conditions. 5 APPENDIX 1   CROSSING EVALUATION PROCESS The following steps are guidance for reviewing each uncontrolled crossing location. This process is intended to help guide the reviewer through a methodical and data driven process such that engineering judgment can be effectively applied. 1. Performing field review and preliminary data collection to understand existing conditions and potential issues. Preliminary data collection includes existing, easily accessible data that the reviewer may use to determine if the crossing is acceptable for additional review performed by steps 2, and 3. 2. Collect data to complete the review using recommended data points. The process includes the following steps: a. Identify crossing location b. Collect traffic volumes c. Collect pedestrian and bicycle volumes 3. Evaluate the point of crossing using the flowchart and perform a high-level review to understand if a location is appropriate for consideration of an enhanced crossing. DATA COLLECTION Data collection is a key component of this analysis. It is critical that all data points identified below are collected and properly organized to ensure the uncontrolled crossing location is successfully reviewed for potential improvements. Sometimes staff may be very familiar with the location and have a good understanding which may allow some of the data to be “approximated”, though it is important that all data inputs are completed to maintain the integrity of the process. Crossing Identification  Major Street: Name of the street crossed by the location under review.  Minor Street or Crossing Location: The connecting street of an intersection or specific location identified for the mid-block crossing.  Key Destination: Review if the crossing is: 1) immediately adjacent to a school or public park, 2) along a designated school walking route, or 3) along a city-approved walking/biking route to/from the Old Village Area. Traffic Data  Traffic Control: If a crossing under review is at an intersection, identify the traffic control present (side-street stop control, all-way stop, or traffic signal).  Existing AADT: The most recent average annual daily traffic (AADT) available at the point of crossing. 2 Multimodal Data  Sidewalk: Identify if a sidewalk directly connects to the crossing under review.  Shared-use Path: Identify if a shared-use path/multiuse trail directly connects to the crossing under review.  Crosswalk Lighting: Identify if lighting is present that would illuminate the crossing and specifically note if that lighting is pedestrian-scale.  Pedestrian and Bicycle Volume: Record the four peak hour totals for pedestrians and bicyclists. A best practice is collecting data between 6 a.m. and 7 p.m. during warmer months (i.e., April-June or September-October) and when school is in session. Collecting both a weekday and weekend count is also recommended. Previously collected count data within two years of this assessment can be applied if location conditions have not changed significantly.  Pedestrian Crashes: The total number of pedestrian-involved crashes that are recorded at the point of crossing in the last ten years. Highlight serious injury or fatal crashes and remove preventable crashes (e.g., driver impaired, etc.) if present.  Bicycle Crashes: The total number of bicycle-involved crashes that are recorded at the point of crossing in the last ten years. Highlight serious injury or fatal crashes and remove preventable crashes (e.g., driver impaired, etc.) if present. 3 MINNESOTA STATE STATUTE Minnesota State Statute Chapter 169 defines a crosswalk and pedestrians, as well as the rights of pedestrians and motorists regarding when and where to yield right-of-way. The definitions and legal language detailed in this section provide a foundation for how pedestrian crossings are viewed in Minnesota and considered by this assessment. 169.011 Definitions Subdivision 20. Crosswalk. "Crosswalk" means (1) that portion of a roadway ordinarily included with the prolongation or connection of the lateral lines of sidewalks at intersections; (2) any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. Subdivision 20. Pedestrian. "Pedestrian" means any person afoot or in a wheelchair. 169.21 Pedestrian Subdivision 2. Rights in absence of signal. (a) Where traffic-control signals are not in place or in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver must remain stopped until the pedestrian has passed the lane in which the vehicle is stopped. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions as otherwise provided in this subdivision. (b) When any vehicle is stopped at a marked crosswalk or at an intersection with no marked crosswalk to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. (c) It is unlawful for any person to drive a motor vehicle thro ugh a column of school children crossing a street or highway or past a member of a school safety patrol or adult crossing guard, while the member of the school safety patrol or adult crossing guard is directing the movement of children across a street or highway and while the school safety patrol member or adult crossing guard is holding an official signal in the stop position. A peace officer may arrest the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of this paragraph within the past four hours. (d) A person who violates this subdivision is guilty of a misdemeanor. A person who violates this subdivision a second or subsequent time within one year of a previous conviction under this subdivision is guilty of a gross misdemeanor. 4 Subdivision 3. Crossing between intersections. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or at an intersection with no marked crosswalk shall yield the right-of-way to all vehicles upon the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. (d) Notwithstanding the other provisions of this section every driver of a vehicle shall (1) exercise due care to avoid colliding with any bicycle or pedestrian upon any roadway and (2) give an audible signal when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway. 5 CROSSWALK MARKING DEFINITIONS  Unmarked crosswalk: A legal crosswalk that does not feature any crosswalk striping or markings per state statute.  Marked crosswalk: A legal crosswalk that features crosswalk striping or pavement markings. Left: Example of crosswalk visibility enhancements (crosswalk marking, signage, and lighting). Source: Federal Highway Administration Above: Example of a continental crosswalk marking which is a industry recognized best practice. Source: Kittelson & Associates 6 CROSSING CONTROL DEFINITIONS  Uncontrolled crossing: A legal crossing of a roadway intersection approach or mid-block crossing of a roadway between two intersections with no traffic control at the point of crossing.  Controlled crossing: A legal crossing of a roadway intersection approach or mid-block crossing of a roadway between two intersections controlled by a stop sign or traffic signal. 7 CROSSING INFRASTRUCTURE TREATMENTS Any location reviewed for a crosswalk should in tandem have a detailed engineering review completed to determine if additional crossing infrastructure enhancements should be implemented. TRAFFIC VOLUME REVIEW Review the number of lanes at the point of crossing to ensure that the total number of lanes (travel and turn lanes) at the point of crossing is adequate for the traffic volumes. Right sizing the crossing distance is critical to all modes of travel, but particularly important to pedestrians and bicyclists, as the goal is to minimize their time in the hazard zone.  Engineering review of right- and left-turn lanes if applicable at the point of crossing to verify if they are necessary or if they can be removed.  If roadway design or turn lanes are not appropriate, consider lane reductions or turn lane removal before proceeding. The overall objective of this is to eliminate the multilane threat by removing lanes to improve visibility. When one car stops for a person crossing the roadway, the second car may not be visible to the person crossing nor is that person visible to the second driver. ROADWAY GEOMETRIC TREATMENT ASSESSMENT The following process reviews opportunities to slow speeds, reduce crossing distance, and improve visibility of people crossing the roadway. 1. Narrow Travel Lanes: MnDOT identifies the following lane width best practices per the Performance-Based Practical Design – Process and Design Guidance. These are superseded by MnDOT’s own design standards though used as an example for consideration by the City of Lake Elmo. Studies have credited tighter lane widths by neutrally or positively impacting safety without affecting traffic operations.  Rural Roadways: 11- or 12-foot-wide lanes  Urban and Suburban Roadways: 10-foot-wide lanes (≤35 mph and turn lanes), 11- foot-wide lanes (suitable for all other typologies), 12-foot-wide lanes (≥50 mph and/or non-motorized traffic is absent). 8 2. Reduce Conflict Points: Consider moving the crossing to a location with the least number of conflict points depending upon engineering judgement. This could include an intersection leg with lower turning vehicles or overall traffic, as well as moving a crossing entirely out of an intersection and to a mid-block location. 3. Crossing Lighting: Ensure lighting is present that illuminates the entire crossing (curb ramp to curb ramp) per state and federal guidance. 4. Geometric Improvements: Context-specific traffic calming measures using geometric improvements should be considered. Each item is further defined in the section below.  Curb Radius: Review the turning curb radius to understand if a reduced radius can be achieved based upon context-specific needs and design vehicles. Reducing the radius to as small as practical can create significant benefits via reduced crossing distance and vehicle turning speeds.  Curb Extension: An extension or bump out of the curb into the roadway and typically a minimum of six-feet-wide though design is context specific. This could include removal or narrowing of a roadway shoulder to reduce the crossing distance. Special attention should be given to existing on-street bicycle infrastructure (e.g., bike lane) to ensure it does not remove space at the intersection for that connection.  Pedestrian Refuge Island: A raised median that is a minimum of eight-feet-wide though ten-feet or greater is preferred to ensure it is wide enough to accommodate bikes. 5. Signage Improvements:  Pedestrian Warning Sign: Static sign used at marked crosswalks following the MN MUTCD.  Rectangular Rapid Flashing Beacon (RRFB): A crossing enhancement that is activated by a pedestrian or bicyclist and uses two rapid and alternate flashing yellow rectangular beacons. RRFBs are applicable on roadways with higher pedestrian demand, traffic volumes, and traffic speeds. Use MnDOT guidance to determine if a location is appropriate. STAFF REPORT DATE:December 2, 2025 CONSENT TO:City Council FROM:Jack Griffin, Sr. Project Manager AGENDA ITEM: Approve MPCA Grant Agreement for the North Water Treatment Plant Site Study REVIEWED BY: Nicole Miller, City Administrator Clarissa Hadler, Finance Director Marty Powers, Public Works Director Nate Stanley, City Engineer CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☒ Managed Growth ☒ Resilient Infrastructure BACKGROUND: On August 6, 2025 the City Council authorized preliminary layout and site acquisition engineering services for the North Water Treatment Plant Site Study, contingent upon a fully executed MPCA Grant Agreement to fund the work. The City is seeking to conduct a preliminary design and site acquisition plan for a water treatment plant to treat PFAS at Wells 4 and 5. The planning efforts are consistent with the revised Water System Supply Plan adopted by Lake Elmo in April 2024, to construct and operate a systemwide water supply delivery system with North Wells (Wells 4, 5, and 2) and South Water Treatment Plant for Wells 6, 7, and 8. The revised plan is detailed in a Technical Memorandum dated April 2, 2024 as Option A1 that has been previously submitted and reviewed by the MPCA. Wells 4 and 5 are key wells for the City’s water production and distribution system, are relatively new infrastructure investments having been constructed in 2014 and 2021 and are planned to remain in service as part of the long-term comprehensive water infrastructure system. Due to the migration of the groundwater PFAS plume in the vicinity of Wells 4 and 5, the City is commencing planning efforts to determine the optimal location for a future water treatment plant (the North WTP) to serve these Wells. The intent of the site acquisition study is to identify a preferred site for the future North WTP that can treat water from both wells and serve as a combined entry point from the wells to the water distribution system, along with the necessary easements for the utility piping corridors to support the facility, including raw watermains for each well, distribution watermains and sanitary sewer mains. ISSUE BEFORE COUNCIL: Should the City Council approve the MPCA Grant Agreement (SWIFT Contract #276777) for the preliminary layout and site acquisition engineering services for the North Water Treatment Plant Site Study? PROPOSAL DETAILS/ANALYSIS: To initiate the North Water Treatment Plant Site Study, staff prepared and submitted a grant application through the 3M Settlement Priority 1 Drinking Water Program. The grant application was submitted in July, 2025. The MPCA recently approved the grant request and prepared the attached Grant Agreement to be effective November 12, 2025. The Grant Agreement scope of work directs Lake Elmo to conduct a preliminary design and site acquisition plan for a water treatment plant to treat PFAS at Wells 4 and 5. FISCAL IMPACT: The grant provides for reimbursement to the City in the amount of $48,000. The Grant expiration date is June 30, 2027. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the MPCA Grant Agreement, SWIFT Contract #276277, for the North Water Treatment Plant Site Study to treat PFAS at Wells 4 and 5. If removed from the consent agenda, the recommended motion is as follows: “Move to approve the MPCA Grant Agreement, SWIFT Contract #276277, for the North Water Treatment Plant Site Study to treat PFAS at Wells 4 and 5.” ATTACHMENTS: 1.MPCA Grant Agreement (SWIFT Contract #276277). 2.Well 4 & 5 Location Map. Grant Agreement State of Minnesota Doc Type: Contract/Grant SWIFT Contract Number: 276777 Agency Interest ID: 90810 Activity ID: PRO20250001 This Grant Agreement is between the state of Minnesota, acting through its Commissioner of the Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155-4194 (“MPCA” or “State”), and City of Lake Elmo, a Minnesota municipal corporation, 3880 Laverne Avenue North, Lake Elmo, MN 55042 ("Grantee" or “City”). Recitals 1. Under Minnesota Statutes § 116.03, Subd. 2, the State is empowered to enter into this grant. 2. The City is authorized to enter into this grant under Minnesota Statutes § 412.211. 3. The State and City are in need of the City of Lake Elmo 3M Wells 4 and 5 Design project, as part of the Conceptual Drinking Water Supply Plan (Conceptual Plan), to address Perfluoroalkyl Substances (PFAS) impacts to drinking water supplies in the East Metro area. 4. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. Grant Agreement 1. Term of Grant Agreement 1.1 Effective date: November 12, 2025, or the date the State obtains all required signatures, whichever is later. Per Minnesota Statutes § 16B.98, Subd. 5, the Grantee must not begin work until this Grant Contract Agreement is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minnesota Statutes § 16B.98 Subd. 7, no payments will be made to the Grantee until this Grant Contract Agreement is fully executed. 1.2 Expiration date: June 30, 2027, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of terms. The following clauses survive the expiration or cancellation of this grant agreement: Liability; State Audits; Government Data Practices and Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. 2. Grantee’s Duties The City will conduct a preliminary design and site acquisition plan for a water treatment plant to treat PFAS at Wells 4 and 5. 3. Time The Grantee must comply with all the time requirements described in this Grant Contract Agreement. In the performance of this Grant Contract Agreement, time is of the essence and failure to meet a deadline date may be a basis for a determination by the State’s Authorized Representative that the Grantee has not complied with the terms of the Grant Contract Agreement. The Grantee is required to perform all the duties cited within clause two “Grantee’s Duties” within the grant period. The State is not obligated to extend the grant period. Docusign Envelope ID: 15AB7D95-25A2-4122-BB74-891E846A0E37 4. Consideration and Terms of Payment The consideration for all services performed by the Grantee pursuant to this Grant Contract Agreement shall be paid by the State as follows: 4.1 Compensation. The total obligation of the State under this Grant Contract Agreement, including all compensation and reimbursements, is not to exceed $48,000.00 (Forty-Eight Thousand Dollars and Zero Cents). The MPCA will review the expense documentation submitted by the Grantee for the costs and will reimburse the Grantee for reasonable and necessary expenditures, as determined by the MPCA. Any project components and costs inconsistent with the Conceptual Plan will be required to have supporting documentation for consideration of eligibility. Items that are determined ineligible will not be reimbursed. 4.2 Administrative Costs. Grantee administrative costs must be necessary and reasonable. 4.3 Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee because of this Grant Contract Agreement will be provided to meet the duties listed in Clause 2. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. The Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current Commissioner’s Plan promulgated by the Commissioner of Minnesota Management and Budget. 4.4 Invoices. Payments shall be made by the State after the Grantee’s presentation of invoices for services satisfactorily performed and the written acceptance of such services by the State’s Authorized Representative. Invoices shall be submitted timely, with additional details as requested by the State, and according to the following schedule: monthly or at least quarterly. Invoices must be emailed to mpca.ap@state.mn.us, and contain the following information: • Name of Grantee • Grantee project manager • Invoice number • Invoice date • MPCA project manager • SWIFT Contract No. • Copies of paid in full receipts • Invoicing period (actual working period) • Prevailing Wage documentation (if applicable) If there is a problem with submitting an invoice electronically, please contact the Accounts Payable Unit at 651-757-2491. The Grantee shall submit an invoice for the final payment upon submittal of the final progress and financial report within 15 (fifteen) days of the original or amended end date of this grant agreement. The State reserves the right to review submitted invoices after 15 (fifteen) days and make a determination as to payment. 4.5 Unexpended Funds. The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 5. Contracting and Bidding Requirements The Grantee is required to comply with Minnesota Statutes § 471.345, Uniform Municipal Contracting Law. Docusign Envelope ID: 15AB7D95-25A2-4122-BB74-891E846A0E37 5.1 The Grantee and any subrecipients must comply with prevailing wage rules per Minnesota Statutes §§ 177.41 through 177.50, as applicable. 5.2 The Grantee and any subrecipients must not contract with vendors who are suspended or debarred by the State of Minnesota or the federal government: Suspended and Debarred Vendors, Minnesota Office of State Procurement. 5.3 The Grantee must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. 6. Conditions of Payment All services provided by the Grantee under this Grant Contract Agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative/MPCA’s Project Manager and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 7. Authorized Representative 7.1 The State's Authorized Representative/Project Manager is Andri Dahlmeier, 520 Lafayette Road, St. Paul, MN 55155, 651-757-2718, andri.dahlmeier@state.mn.us, or their successor, and has the responsibility to monitor the Grantee’s performance and to accept the services provided under this agreement. If the services are satisfactory, the MPCA’s Project Manager will certify acceptance of each invoice submitted for payment. The State's Project Manager is Carlee Kjeldahl, 520 Lafayette Road North, St. Paul, MN 55155, 651-757-2171, carlee.kjeldahl@state.mn.us, or their successor. 7.2 The Grantee’s Authorized Representative is Nicole Miller, 3880 Laverne Avenue North, Lake Elmo, MN 55042, 651-747-3905, nmiller@lakeelmo.gov, or their successor. If the Grantee’s Authorized Representative changes at any time during this grant agreement, the Grantee must immediately notify the State. 7.3 The Grantee must clearly post on the Grantee’s website the names of, and contact information for, the Grantee’s leadership and the employee or other person who directly manages and oversees this Grant Contract Agreement on behalf of the Grantee. 8. Assignment, Amendments, Change Orders, Waiver, and Contract Complete 8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Contract Agreement without the prior written consent of the State and a fully executed agreement, executed and approved by the authorized parties or their successors. 8.2 Amendments. Any amendments to this Grant Contract Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Contract Agreement or their successors. 8.3 Change Orders. If the State's Project Manager or the Grantee’s Authorized Representative identifies a change needed in the workplan and/or budget, either party may initiate a Change Order using the Change Order Form provided by the MPCA. Change Orders may not delay or jeopardize the success of the Project, alter the overall scope of the Project, increase or decrease the overall amount of the Contract/Agreement, or cause an extension of the term of this Agreement. Major changes require an Amendment rather than a Change Order. The Change Order Form must be approved and signed by the State's Project Manager and the Grantee’s Authorized Representative in advance of doing the work. Documented changes will then become an integral and enforceable part of the Agreement. The MPCA has the sole discretion on the determination of whether a Docusign Envelope ID: 15AB7D95-25A2-4122-BB74-891E846A0E37 requested change is a Change Order or an Amendment. The state reserves the right to refuse any Change Order requests. 8.4 Waiver. If the State fails to enforce any provision of this Grant Contract Agreement, that failure does not waive the provision or its right to enforce it. 8.5 Contract Complete. This Grant Contract Agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this Grant Contract Agreement, whether written or oral, may be used to bind either party. 9. Subcontracting and Subcontract Payment 9.1 A subrecipient is a person or entity that has been awarded a portion of the work authorized by this Grant Contract Agreement by Grantee. The Grantee must document any subaward through a formal legal agreement. The Grantee must provide timely notice to the State of any subrecipient(s) prior to the subrecipient(s) performing work under this Grant Contract Agreement. 9.2 The Grantee must monitor the activities of the subrecipient(s) to ensure the subaward is used for authorized purposes; is in compliance with the terms and conditions of the subaward, Minnesota Statutes § 16B.97, Subd.4 (a) 1, and other relevant statutes and regulations; and that subaward performance goals are achieved. 9.3 During this Grant Contract Agreement, if a subrecipient is determined to be performing unsatisfactorily by the State’s Authorized Representative, the Grantee will receive written notification that the subrecipient can no longer be used for this Grant Contract Agreement. 9.4 No subagreement shall serve to terminate or in any way affect the primary legal responsibility of the Grantee for timely and satisfactory performances of the obligations contemplated by the Grant Contract Agreement. 9.5 The Grantee must pay any subrecipient in accordance with Minnesota Statutes § 16A.1245. 9.6 The Grantee and any subrecipients must not contract with vendors who are suspended or debarred by the State of Minnesota or the federal government. 10. Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Contract Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Contract Agreement. 11. State Audits Under Minnesota Statutes § 16B.98, Subd. 8, Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Contract Agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Contract Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 12. Government Data Practices and Intellectual Property 12.1 Government data practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Grant Contract Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Contract Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. Docusign Envelope ID: 15AB7D95-25A2-4122-BB74-891E846A0E37 If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 12.2 Intellectual property rights A. Intellectual property rights. The State owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this Grant Contract Agreement. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this Grant Contract Agreement. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this Grant Contract Agreement. The Documents shall be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee, at the Grantee’s expense, upon the written request of the State, or upon completion, termination, or cancellation of this Grant Contract Agreement. To the extent possible, those Works eligible for copyright protection under the United States’ Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. B. Obligations. (1) Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this Grant Contract Agreement, the Grantee shall immediately give the State’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure therein. (2) Representation. The Grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State, and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause Liability, the Grantee shall indemnify, defend, to the extent permitted by the Attorney General, and hold harmless the State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including, but not limited to, attorney fees. If such a claim or action arises or in Grantee’s or the State’s opinion is likely to arise, the Grantee must, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. (3) License. The State hereby grants a limited, no-fee, noncommercial license to the Grantee to enable the Grantee’s employees engaged in research and scholarly pursuits to make, have made, reproduce, modify, distribute, perform, and otherwise use the Works, including Documents, for research activities or to publish in scholarly or professional journals, provided that any existing or future intellectual property rights in the Works or Documents (including patents, licenses, trade or service marks, trade secrets, or copyrights) are not prejudiced or infringed upon, that the Minnesota Data Practices Act is Docusign Envelope ID: 15AB7D95-25A2-4122-BB74-891E846A0E37 complied with, and that individual rights to privacy are not violated. The Grantee shall indemnify and hold harmless the State for any claim or action based on the Grantee’s use of the Works or Documents under the provisions of Clause 10.2(b)(2). Said license is subject to the State’s publicity and acknowledgement requirements set forth in this Grant Contract Agreement. The Grantee may reproduce and retain a copy of the Documents for research and academic use. The Grantee is responsible for security of the Grantee’s copy of the Documents. A copy of any articles, materials or documents produced by the Grantee’s employees, in any form, using or derived from the subject matter of this license, shall be promptly delivered without cost to the State.] 13. Workers Compensation The Grantee certifies that it is in compliance with Minnesota Statutes § 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employ ees are in no way the State’s obligation or responsibility. 14. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this Grant Contract Agreement. Venue for all legal proceedings out of this Grant Contract Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination 15.1 Termination by the State. A. Without Cause. The State may terminate this Grant Contract Agreement without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. B. With Cause. The State may immediately terminate this Grant Contract Agreement if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 15.2 Termination by the Commissioner of Administration. The Commissioner of Administration may immediately and unilaterally terminate this Grant Contract Agreement if further performance under the agreement would not serve agency purposes or performance under the Grant Contract Agreement is not in the best interest of the State. 15.3 Termination for Insufficient Funding. The State may immediately terminate this Grant Contract Agreement if it does not obtain funding from the Minnesota Legislature or other funding source, if funding is withdrawn by the United States Environmental Protection Agency; or if funding cannot be continued at a level sufficient to allow for the payment of the services addressed within this Grant Contract Agreement. Termination must be by written notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that dedicated funds are available. In the event of temporary lack of funding or appropriation, the State may pause its obligations under this Grant Contract Agreement without terminating it. This pause will be for the duration of the lack of funding or appropriation and shall not be considered a termination of the Grant Contract Agreement. The Grantee will be Docusign Envelope ID: 15AB7D95-25A2-4122-BB74-891E846A0E37 notified in writing of the temporary pause, and the Grantee’s ability to provide services may be temporarily suspended during this period. The State will provide reasonable notice to the Grantee of the lack of funding or appropriation and shall notify the Grantee once funding is restored or appropriated, at which point the provision of services under the Grant Contract Agreement may resume. The State will not be assessed any penalty if the Grant Contract Agreement is terminated due to insufficient funding. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving notice. 16. Publicity and Endorsement 16.1 Publicity. Any publicity regarding the subject matter of this Grant Contract Agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Contract Agreement. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 16.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 17. Data Disclosure Under Minnesota Statutes § 270C.65, Subd. 3 and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 18. Reporting Requirements The Grantee shall submit to the State quarterly status reports, based on the effective date of this agreement. 19. Prevailing Wage (if applicable) Pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Minnesota Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. Rates are listed in Attachment A. In compliance with Minn. Stat. § 177.43, subd. 3 and §177.44, subd. 5, the wages of laborers, workers, and the mechanics on projects financed in whole or part by State Funds should be comparable to wages paid for similar work in the community as a whole. Project includes erection, construction, remodeling, or repairing of a public building or other public work financed in whole or part by State funds. Any work on real property which uses the skill sets of any trades covered by Labor Code and Class under prevailing wages is construction and requires prevailing wages. See http://www.dli.mn.gov/business/employment- practices/prevailing-wage-information for a list of affected trades. The Contractor shall pay prevailing wages to its employees when conducting construction activities under this agreement. Applicability. In accordance with Minn. Stat. § 177.43, subd. 7. This does not apply to an agreement or work under an agreement, under which: Docusign Envelope ID: 15AB7D95-25A2-4122-BB74-891E846A0E37 A. the estimated total cost of completing the project is less than $2,500 and only one trade or occupation is required to complete the work; or B. the estimated total cost of completing the project is less than $25,000 and more than one trade or occupation is required to complete it. Choose from Commercial, Highway/Heavy, or Residential Wage Rates: The prevailing wage rate requirements are attached as Attachment A. Prevailing Wage Payroll Information: In accordance with Minn. Stat. § 177.30, subd. 4, and § 177.43, subd. 3, the Contractor and Subcontractor shall furnish to the Contracting Authority and the Project Owner: • All payrolls, of all workers on the project, a certified payroll report via e-mail as attachments, a State of Minnesota Prevailing Wage Payroll Report as a Microsoft Excel file and Statement of Compliance Form as a PDF file to the appropriate e-mail addresses: prevailingwage.pca@state.mn.us and the MPCA Project Manager. • The Subject line on the Contractor’s or Subcontractor’s e-mail must give their firm’s name and the Contract or Purchase Order Number. • These completed forms must be furnished not more than 14 days after the end of each pay period. • The State of Minnesota Prevailing Wage Payroll Report and Statement of Compliance Form are available at http://www.dli.mn.gov/sites/default/files/pdf/pw_certified_payroll_form.pdf. Submit the completed and signed State of Minnesota Prevailing Wage Payroll Report as a Microsoft Excel file and the Statement of Compliance Form as a PDF file, no other payroll forms will be accepted to meet this requirement. The prevailing wage payroll information forms that are submitted shall be maintained by the contracting agency for a minimum of three years after final payment has been made on the project. All of the data provided on the Prevailing Wage Payroll Information Form will be public data, which is available to anyone upon request. Refer vendor questions regarding the Prevailing Wage Laws to the Department of Labor and Industry at 651-284- 5091 or visit the website for Labor Standards Section, Prevailing Wage http://www.dli.mn.gov/business/employment-practices/prevailing-wage-information All construction work needs an IC-134 form submitted by the Contractor before payment can be made. The Contractor can find a copy of the IC-134 online at the Minnesota Department of Revenue website at https://www.revenue.state.mn.us/sites/default/files/2019-01/ic134.pdf. Attachments The following Attachments are attached and incorporated into this Grant Contract Agreement. In the event of a conflict between the terms of this Grant Contract Agreement and its Attachments, or between Attachments, the order of precedence is first the Grant Contract Agreement, and then in the following order: Attachment A Signatures Title Name Signature Date Docusign Envelope ID: 15AB7D95-25A2-4122-BB74-891E846A0E37 \t1\ \n1\ \s1\ \d1\ \t2\ \n2\ \s2\ \d2\ \t3\ \n3\ \s3\ \d3\ \t4\ \n4\ \s4\ \d4\ \t5\ \n5\ \s5\ \d5\ \t6\ \n6\ \s6\ \d6\ Admin ID \a1\ Docusign Envelope ID: 15AB7D95-25A2-4122-BB74-891E846A0E37 November 13, 2025Contract Specialist Christensen,Katie Joan November 13, 2025Nicole MillerCity Administrator November 13, 2025Assistant Division Director Anna M Hotz BEEHIVE vs. CAD Utility Data Maxar | Esri Community Maps Contributors, Metropolitan Council, MetroGIS, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS Powered by Esri STAFF REPORT DATE:December 2, 2025 CONSENT TO: City Council FROM: Nate Stanley, City Engineer AGENDA ITEM: Authorize Geotechnical Services for the CSAH 14 Watermain Improvements. REVIEWED BY: Nicole Miller, City Administrator Clarissa Hadler, Finance Director Adam Swanepoel, Public Works Assistant Director Chad Isakson, Assistant City Engineer CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☒ Managed Growth ☒ Resilient Infrastructure BACKGROUND: The segment of Lake Elmo watermain along Stillwater Boulevard (CSAH 14), from the north leg of Lake Elmo Avenue (CSAH 17) to Layton Avenue, has experienced significant signs of aging and fatigue, resulting in 7 watermain breaks in the past 6 years with 5 of those breaks occurring the past 3 years. The pipe segment was originally constructed with the Old Village water system in the mid 1960’s and is now beyond its useful service life. On October 2, 2025, the City Council authorized design phase services and preparation of plans and specifications for the project. ISSUE BEFORE COUNCIL: Should the City Council authorize geotechnical services for the CSAH 14 Watermain Improvements, from CSAH 17 (north leg) to Layton Avenue? PROPOSAL DETAILS/ANALYSIS: Bolton and Menk has obtained proposals from Braun Intertec and AET, Inc. for preliminary Geotechnical Services for the project. The scope includes reviewing the in-place roadway and soil conditions along Stillwater Blvd and providing recommendations for project construction. Staff is recommending that the City authorize the City Administrator to retain Braun Intertec in the amount of $11,966. FISCAL IMPACT: $11,966 to be paid from the Water Enterprise Fund for geotechnical testing, if authorized. RECOMMENDATION: Staff is recommending that the City Council authorize, as part of the Consent Agenda, geotechnical services for the CSAH 14 Watermain Improvements, from CSAH 17 (north leg) to Layton Avenue. The recommended motion for this action is as follows: “Motion to authorize the City Administrator to enter into a geotechnical services contract for the project design phase services in the amount of $11,966 for the CSAH 14 Watermain Improvements, from CSAH 17 (north leg) to Layton Avenue”. ATTACHMENTS: 1.Geotechnical Services Proposal from Braun Intertec. November 13, 2025 Proposal 10002208_001 c/o Mike Rusenovich City of Lake Elmo 3880 Laverne Ave N Lake Elmo, MN 55042 Re: Revised Proposal for a Geotechnical Evaluation CSAH 14 Watermain Improvements, City Project No. 25X.140463 Stillwater Boulevard Between Layton Avenue North and Lake Elmo Avenue North Lake Elmo, Minnesota Dear M r. Rusenovich : Braun Intertec Corporation (Braun Intertec) submits this revised proposal to complete a geotechnical evaluation for the CSAH 14 Watermain Improvements, City Project No. 25X.140463 at the referenced site. Project Information Per the RFP provided by the City of Lake Elmo (City) and dated October 30, 2025, we understand the proposed project will include the construction of a new approximately 1,900 linear feet HDPE watermain beneath Stillwater Boulevard N (CSAH 14) between Layton Avenue N and Lake Elmo Avenue N. The watermain is anticipated to be installed using horizontal directional drilling (HDD) technique. Purpose The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at selected exploration locations, evaluate their impact on the project, and provide geotechnical recommendations for the design and construction of the proposed watermain construction. Scope of Services We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming our services. Site Access Based on aerial photographs, it appears that the site is accessible to a truck-mounted drill rig. We assume there will be no cause for delays in accessing the exploration locations. We are not including debris or obstruction removal, grading of navigable paths, or snow plowing to access the boring locations. City of Lake Elmo CSAH 14 Watermain Improvements, City Project No. 25X.140463 Revision 1.0 Proposal 10002208_001 November 13, 2025 Braun Intertec Page 2 Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the exploration locations from those proposed to facilitate accessibility. Our drilling activities may also impact the vegetation and may rut the surface to access boring locations. Restoration of vegetation and turf is not part of our scope of services. Staking We understand Bolton & Menk, Inc. will stake prospective subsurface exploration locations. We request that you provide CAD files indicating the boring locations and elevations for this project. Utility Clearance Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification of the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. You, or your authorized representative, are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Permits We will obtain a right-of-way permit with the Washington County (County) prior to beginning our fieldwork. Our proposal includes permit fees for the County. We assume the County permit will include a work hour restriction within public right-of-way of 9:00 AM to 3:00 PM during weekdays and our scope and fees account for this restriction. Traffic Control Based on aerial images from Google Earth we anticipate performing the borings within the existing turn lanes and/or roadway shoulders. Therefore, we anticipate the exploration locations will require Lane shifts, turn lane or shoulder closures to alert motorists to our work area. We are including fees for a subcontractor to provide signage for closure of shoulders/turn lanes or lane shifts, as needed. Pavement Coring As requested, we will core the pavement and record bituminous and aggregate base thicknesses at each of the proposed soil boring locations within the existing roadway. Photographs of the recovered pavement cores will be included in the project geotechnical report in the form of a pavement core log. Penetration Test Borings As requested, we will drill four standard penetration test (SPT) borings for the project to depths of approximately 14 1/2 feet below existing grade. We will perform standard penetration tests at 2 1/2-foot vertical intervals to a depth of about 15 feet, and at 5-foot intervals at greater depths, if required. The figure below shows an illustration of the proposed boring locations. City of Lake Elmo CSAH 14 Watermain Improvements, City Project No. 25X.140463 Revision 1.0 Proposal 10002208_001 November 13, 2025 Braun Intertec Page 3 Figure 1. Proposed Boring Locations Figure provided by the City of Lake Elmo If the intended boring depths do not extend through unsuitable material, we will extend the borings at least 5 feet into suitable material at greater depths. If we identify a need for deeper (or additional) borings, we will contact you prior to increasing our total estimated drilled footage and submit a Change Order summarizing the anticipated additional effort and the associated cost, for your review and authorization. Groundwater Measurements If the borings encounter groundwater during or immediately after drilling of each boring, we will record the observed depth on the boring logs. MDH Notification and Sealing Record Since our planned exploration will be less than 15 feet in depth, the Minnesota Statutes will not require that we complete any notifications or sealing records. If we extend any of the borings to a depth of 15 feet or greater, the Statutes requires that we seal the boreholes and complete a Sealing Record. If 25 feet or greater, the Statutes also require us to complete a Sealing Notification Form. If the Record or Form are required, we will contact you to discuss the additional fees and sealing requirements. City of Lake Elmo CSAH 14 Watermain Improvements, City Project No. 25X.140463 Revision 1.0 Proposal 10002208_001 November 13, 2025 Braun Intertec Page 4 Borehole Abandonment We will backfill our exploration locations immediately after completing the drilling at each location. Minnesota Statutes require sealing temporary borings that are 15 feet deep or deeper. Based on our proposed subsurface characterization depths, we currently do not anticipate having to seal any of the boreholes. Upon backfilling or sealing exploration locations, we will fill holes in pavements with a temporary patch. Over time, subsidence of borehole backfill may occur, requiring releveling of surface grades or replacing bituminous patches. We are not assuming responsibility for releveling or re-patching after we complete our fieldwork. Sample Review and Laboratory Testing We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify and log them. To help classify the materials encountered and estimate the engineering properties necessary to our analyses, we have budgeted to perform the following laboratory tests. Table 1. Laboratory Tests Test Name ASTM Test Method Purpose Moisture content D2216 Soil classification, moisture condition, and engineering properties Percent passing #200 sieve D1140 Soil classification, and evaluate frost susceptibility Organic content D2974 Evaluate suitability of soils for reuse We will determine the actual laboratory testing for the project depending on the encountered subsurface conditions. If we identify a laboratory testing program that exceeds the budget included in this proposal but provides additional value to the project, we will request authorization for the additional fees through a Change Order. Report We will prepare a report including: ▪ A sketch showing the exploration locations. ▪ Logs of the borings describing the materials encountered and presenting the results of our groundwater measurements and laboratory tests. ▪ Photographic pavement core log. ▪ A summary of the subsurface profile and groundwater conditions. ▪ Discussion identifying the subsurface conditions that will impact design and construction. ▪ Discussion regarding the reuse of on-site materials during construction. City of Lake Elmo CSAH 14 Watermain Improvements, City Project No. 25X.140463 Revision 1.0 Proposal 10002208_001 November 13, 2025 Braun Intertec Page 5 ▪ Recommendations for preparing utility and pavement subgrades, and the selection, placement, and compaction of fill. ▪ Recommendations for the design and construction of the proposed watermain using HDD techniques. We will only submit an electronic copy of our report to you unless you request otherwise. Schedule We anticipate performing our work according to the following schedule. ▪ Drill rig mobilization – within about 6 weeks following receipt of written authorization. The anticipated mobilization date is December 17, 2025 provided authorization is received on or before to December 10, 2025. ▪ Field exploration – 1 day on site to complete the work. ▪ Classification and laboratory testing – within 1 to 2 weeks after completion of field exploration. ▪ Preliminary results – within 1 week after completion of field exploration. ▪ Report submittal – within about 2 weeks after completion of field exploration. If we cannot complete our proposed scope of services according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. Fees We will furnish the services described in this proposal for a lump sum fee of $11,966 Table 2 provides a breakdown of the proposed fees. Table 2. Proposed Fee Breakdown Service Fee Site Layout and Utility Clearance $ 984 Permit $ 500 Subcontractor- Traffic Control $ 2,500 Pavement Coring $ 1,120 Drilling Services $ 3,440 Laboratory Testing $ 842 Coordination, Engineering Analysis, and Report $ 2,580 Total $ 11,966 Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for work we perform during each invoicing period. City of Lake Elmo CSAH 14 Watermain Improvements, City Project No. 25X.140463 Revision 1.0 Proposal 10002208_001 November 13, 2025 Braun Intertec Page 6 General Remarks We based the proposed fee on the scope of services described and the assumption that you will authorize our services within 30 days and that others will not delay us beyond our proposed schedule. We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. We appreciate the opportunity to present this proposal to you. We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Saujan Niraula at 785.551.8166 or (sniraula@braunintertec.com) or Kevin Zalec at 952.995.2223 or (kzalec@braunintertec.com). Sincerely, Braun Intertec Corporation Saujan Niraula, PE Project Engineer Kevin S. Zalec, PE Senior Manager, Senior Engineer Attachments: General Conditions (11/04/2024) c: Chad Isakson, PE, Bolton & Menk, Inc. Nathan Stanley, PE, Bolton & Menk, Inc. The proposal is accepted, and Braun Intertec is authorized to proceed. _____________________________________________ Authorizer’s Firm _____________________________________________ Authorizer’s Signature _____________________________________________ Authorizer’s Name (please print or type) _____________________________________________ Authorizer’s Title _____________________________________________ Date Rev. 2024-11-04 Page 1 of 2 BRAUN INTERTEC GENERAL CONDITIONS SECTION 1: AGREEMENT 1.1 Agreement. This agreement consists of these General Conditions and the accompanying written proposal or authorization (“Agreement”). This Agreement is the entire agreement between Consultant and Client and supersedes all prior negotiations, representations or agreements, either written or oral. 1.2 Parties to the Agreement. The parties to this Agreement are the Braun Intertec entity (“Consultant”) and the client (“Client”) as described in the accompanying written proposal or authorization. Consultant and Client may be individually referred to as a Party or collectively as the Parties. SECTION 2: SCOPE OF SERVICES 2.1 Services. Consultant will provide services (“Services”) in connection with the project (“Project”) which are specifically described in this Agreement. Client understands and agrees that Consultant’s Services are limited to those which are expressly set forth in this Agreement. 2.2 Additional Services. Any Services not specifically set forth in the Agreement constitute “Additional Services.” Additional Services must be agreed upon in writing by the Parties prior to performance of the Additional Services and may entitle Consultant to additional compensation and schedule adjustments. Additional compensation will be based upon Consultant’s then current rates and fees. SECTION 3: PERFORMANCE OF SERVICES 3.1 Standard of Care. Consultant will perform its professional Services consistent with the degree of care and skill exercised by members of Consultant’s profession performing under similar circumstances at the same time and in the same locality in which the professional Services are performed. CONSULTANT DISCLAIMS ALL STATUTORY, ORAL, WRITTEN, EXPRESS, AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PERFORMANCE OF SERVICES IN A GOOD AND WORKMANLIKE MANNER. 3.2 Written Reports and Findings. Unless otherwise agreed in writing, Consultant’s findings, opinions, and recommendations will be provided to Client in writing and may be delivered via electronic format. Client agrees not to rely on oral findings, opinions, or recommendations. 3.3 Observation or Sampling Locations. Locations of field observations or sampling described in Consultant’s report or shown on Consultant’s sketches reference Project plans or information provided by others or estimates made by Consultant’s personnel. Consultant will not survey, set, or check the accuracy of those points unless Consultant accepts that duty in writing. Client agrees that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. Client accepts the inherent risk that samples or observations may not be representative of items not sampled or seen and further that site conditions may vary over distance or change over time. 3.4 Project Site Information. Client will provide Consultant with prior environmental, geotechnical and other reports, specifications, plans, and information to which Client has access about the Project site and which are necessary for Consultant to carry out Consultant’s Services. Client agrees to provide Consultant with all plans, changes in plans, and new information as to Project site conditions until Consultant has completed its Services. 3.5 Subsurface Objects. To the extent required to carry out Consultant’s Services, Client agrees to provide Consultant, in a timely manner, with information that Client has regarding buried objects at the Project site. Consultant will not be responsible for locating buried objects or utilities at the Project site unless expressly set forth in this Agreement, or expressly required by applicable law. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from claims, damages, losses, penalties and expenses (including attorney fees) involving buried objects or utilities that were not properly marked or identified or of which Client had or should have had knowledge but did not timely notify Consultant or correctly identify on the plans Client or others furnished to Consultant. Consultant, from time to time, may hire a third party to locate underground objects or utilities and, unless otherwise expressly stated in this Agreement, such action shall be for the sole benefit of Consultant and in no way will alleviate Client of its responsibilities hereunder. 3.6 Hazardous Materials. Client will notify Consultant of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any Project site or in any sample or material provided to Consultant. Client agrees to provide Consultant with information in Client’s possession or control relating to such samples or materials. If Consultant observes or suspects the presence of contaminants not anticipated in this Agreement, Consultant may terminate Services without liability to Client or to others, and Client will compensate Consultant for fees earned and expenses incurred up to the time of termination. 3.7 Supervision of Others. Consultant shall have no obligation to supervise or direct Client’s representatives, contractors, or other third parties retained by Client. Consultant has no authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Client, Client’s representatives, contractors, or other third parties retained by Client. 3.8 Safety. Consultant will provide a health and safety program for its employees as well as reasonable personal protective equipment (“PPE”) typical for the performance of the Services provided by this Agreement and as required by law. Consultant shall be entitled to compensation for all extraordinary PPE required by Client. Client will provide, at no cost to Consultant, appropriate Project site safety measures which are necessary for Consultant to perform its Services at the Project location or work areas in connection with the Project. Consultant’s employees are expressly authorized by Client to refuse to work under conditions that may, in an employee’s sole discretion, be unsafe. Consultant shall have no authority over or be responsible for the safety precautions and programs, or for security, at the Project site (except with respect to Consultant’s own Services and those of its subconsultants). 3.9 Project Site Access and Damage. Client will provide or ensure access to the site. In the performance of Services some Project site damage is normal even when due care is exercised. Consultant will use reasonable care to minimize damage to the Project site. Unless otherwise expressly stated in this Agreement, the cost of restoration for such damage has not been included in the estimated fees and will be the responsibility of the Client. 3.10 Monitoring Wells. To the extent applicable to the Services, monitoring wells are Client’s property, and Client is responsible for monitoring well permitting, maintenance, and abandonment unless otherwise expressly set forth in this Agreement. 3.11 Contaminant Disclosures Required by Law. Client agrees to make all disclosures related to the discovery or release of contaminants that are required by law. In the event Client does not own the Project site, Client acknowledges that it is Client’s duty to inform the owner of the Project site of the discovery or release of contaminants at the site. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from claims, damages, penalties, or losses and expenses, including attorney fees, related to Client’s failure to make any disclosure required by law or for failing to make the necessary disclosure to the owner of the Project site. SECTION 4: SCHEDULE 4.1 Schedule. Consultant shall complete its obligations within a reasonable time and shall make decisions and carry out its responsibilities in a manner consistent with the Standard of Care. Specific periods of time for rendering Services or specific dates by which Services are to be completed are provided in this Agreement. If Consultant is delayed in the performance of the Services by actions, inactions, or neglect of Client or others for whom Client is responsible, by changes ordered in the Services, or by other causes beyond the control of Consultant, including force majeure events, then the time for Consultant’s performance of Services shall be extended and Consultant shall receive payment for all expenses attributable to the delay in accordance with Consultant’s then current rates and fees. 4.2 Scheduling On-Site Observations or Services. To the extent Consultant’s Services require observations, inspections, or testing be performed at the Project site, Client understands and agrees that Client, directly or indirectly through its authorized representative, has the sole right and responsibility to determine and communicate to Consultant the scheduling of observations, inspections, and testing performed by Consultant. Accordingly, Client also acknowledges that Consultant bears no responsibility for damages that may result because Consultant did not perform such observations, inspections, or testing that Client failed to request and schedule. Client understands that the scheduling of observations, inspections, or testing will dictate the time Consultant’s field personnel spend on the job site and agrees to pay for all services provided by Consultant due to Client’s scheduling demands in accordance with Consultant’s then current rates and fees. SECTION 5: COST AND PAYMENT OF SERVICES 5.1 Cost Estimates. Consultant’s price or fees provided for in this Agreement are an estimate and are not a fixed amount unless otherwise expressly stated in this Agreement. Consultant’s estimated fees are based upon Consultant’s experience, knowledge, and professional judgment as well as information available to Consultant at the time of this Agreement. Actual costs may vary and are not guaranteed or warrantied. 5.2 Payment. Consultant will invoice Client on a monthly basis for Services performed. Client will pay for Services as stated in this Agreement together with costs for Additional Services or costs otherwise agreed to in writing within thirty (30) days of the invoice date. Unless otherwise stated in this Agreement or agreed to in writing, Consultant’s costs for all services performed will be based upon Consultant’s then current rates, fees, and charges. No retainage shall be withheld by Client. All unpaid invoices will incur an interest charge of 1.5% per month or the maximum allowed by law. 5.3 Other Payment Conditions. Consultant will require Client credit approval and Consultant may require payment of a retainer fee. Client agrees to pay all applicable taxes. Client’s obligation to pay for Services under this Agreement is not contingent on Client’s ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, Client’s successful completion of any project, receipt of payment from a third party, or any other event. 5.4 Third Party Payment. Provided Consultant has agreed in writing, Client may request Consultant to invoice and receive payment from a third party for Consultant’s Services. Consultant, in its sole discretion, may also require the third party to provide written acceptance of all terms of this Agreement. Neither payment to Consultant by a third party nor a third party’s written acceptance of all terms of this Agreement will alter Client’s rights and responsibilities under this Agreement. Client expressly agrees that Rev. 2024-11-04 Braun Intertec General Conditions Page 2 of 2 the Agreement contains sufficient consideration notwithstanding Consultant being paid by a third party. 5.5 Non-Payment. If Client does not pay for Services in full as agreed, Consultant may retain work not yet delivered to Client and Client agrees to return all Project Data (as defined in this Agreement) that may be in Client’s possession or under Client’s control. If Client fails to pay Consultant in accordance with this Agreement, such nonpayment shall be considered a default and breach of this Agreement for which Consultant may terminate for cause consistent with the terms of this Agreement and without liability to Client or to others. Client will compensate Consultant for fees earned and expenses incurred up to the time of termination. Client agrees to be liable to Consultant for all costs and expenses Consultant incurs in the collection of amounts invoiced but not paid, including but not limited to attorney fees and costs. SECTION 6: OWNERSHIP AND USE OF DATA 6.1 Ownership. All reports, notes, calculations, documents, and all other data prepared by Consultant in the performance of the Services (“Project Data”) are instruments of Consultant’s Services and are the property of Consultant. Consultant shall retain all common law, statutory and other reserved rights, including the copyright thereto, of Project Data. 6.2 Use of Project Data. The Project Data of this Agreement is for the exclusive purpose disclosed by Client and, unless agreed to in writing, for the exclusive use of Client. Client may not use Project Data for a purpose for which the Project Data was not prepared without the express written consent of Consultant. Consultant will not be responsible for any claims, damages, or costs arising from the unauthorized use of any Project Data provided by Consultant under this Agreement. Client agrees to hold harmless, defend and indemnify Consultant from any and all claims, damages, losses, and expenses, including attorney fees, arising out of such unauthorized use. 6.3 Samples, Field Data, and Contaminated Equipment. Samples and field data remaining after tests are conducted, as well as field and laboratory equipment that cannot be adequately cleansed of contaminants, are and continue to be the property of Client. Samples may be discarded or returned to Client, at Consultant’s discretion, unless within fifteen (15) days of the report date Client gives Consultant written direction to store or transfer the samples and materials. Samples and materials will be stored at Client’s expense. 6.4 Data Provided by Client. Electronic data, reports, photographs, samples, and other materials provided by Client or others may be discarded or returned to Client, at Consultant’s discretion, unless within 15 days of the report date Client gives Consultant written direction to store or transfer the materials at Client’s expense. SECTION 7: INSURANCE 7.1 Insurance. Consultant shall keep and maintain the following insurance coverages: a. Workers’ Compensation: Statutory b. Employer’s Liability: $1,000,000 bodily injury, each accident | $1,000,000 bodily injury by disease, each employee | $1,000,000 bodily injury/disease, aggregate c. General Liability: $1,000,000 per occurrence | $2,000,000 aggregate d. Automobile Liability: $1,000,000 combined single limit (bodily injury and property damage) e. Excess Umbrella Liability: $5,000,000 per occurrence | $5,000,000 aggregate f. Professional Liability: $2,000,000 per claim | $2,000,000 aggregate 7.2 Waiver of Subrogation. Client and Consultant waive all claims and rights of subrogation for losses arising out of causes of loss covered by the respective insurance policies. 7.3 Certificate of Insurance. Consultant shall furnish Client with a certificate of insurance upon request. SECTION 8: INDEMNIFICATION , CONSEQUENTIAL DAMAGES, LIABILITY LIMITS 8.1 Indemnification. Consultant’s only indemnification obligation shall be to indemnify and hold harmless the Client, its officers, directors, and employees from and against those damages and costs incurred by Client or that Client is legally obligated to pay as a result of third party tort claims, including for the death or bodily injury to any person or for the destruction or damage to any property, but only to the extent proven to be directly caused by the negligent act, error, or omission of the Consultant or anyone for whom the Consultant is legally responsible. This indemnification provision is subject to the Limitation of Liability set forth in this Section 8. 8.2 Intellectual Property. Client agrees to indemnify Consultant against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by Client or others on behalf of Client. 8.3 Mutual Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREUNDER, NEITHER CONSULTANT NOR CLIENT SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF USE OR RENTAL, LOSS OF PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT OR REVENUE OR COST OF FINANCING, OR OTHER SUCH SIMILAR AND RELATED DAMAGE ASSERTED IN THIRD PARTY CLAIMS, OR CLAIMS BY EITHER PARTY AGAINST THE OTHER. 8.4 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF CONSULTANT, CONSULTANT’S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, TO CLIENT AND ANYONE CLAIMING BY, THROUGH OR UNDER CLIENT FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED CONSULTANT’S PERFORMANCE OF THE SERVICES OR THIS AGREEMENT, FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, INDEMNIFICATION OBLIGATIONS OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY CONSULTANT OR $50,000, WHICHEVER IS GREATER. SECTION 9: MISCELLANEOUS PROVISIONS 9.1 Services Prior to Agreement. Directing Consultant to commence Services prior to execution of this Agreement constitutes Client’s acceptance of this unaltered Agreement in its entirety. 9.2 Confidentiality. To the extent Consultant receives Client information identified as confidential, Consultant will not disclose that information to third parties without Client consent. Additionally, any Project Data prepared in performance of the Services will remain confidential and Consultant will not release the reports to any third parties not involved in the Project. Neither of the aforesaid confidentiality obligations shall apply to any information in the public domain, information lawfully acquired from others on a nonconfidential basis, or information that Consultant is required by law to disclose. 9.3 Relationship of the Parties. Consultant will perform Services under this Agreement as an independent contractor, and its employees will at all times be under its sole discretion and control. No provision in this Agreement shall be deemed or construed to create a joint venture, partnership, agency or other such association between the Parties. 9.4 Resource Conservation and Recovery Act. To the extent applicable to the Services, neither this Agreement nor the providing of Services will operate to make Consultant an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation and Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous substances. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from any claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 9.5 Services in Connection with Legal Proceedings. Client agrees to compensate Consultant in accordance with its then current fees, rates, or charges if Consultant is asked or required to respond to legal process arising out of a proceeding related to the Project and as to which Consultant is not a party. 9.6 Assignment. This Agreement may not be assigned by Consultant or Client without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 9.7 Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended, or will be construed, to confer upon or give any person or entity other than Consultant and Client, and their respective permitted successors and assigns, any rights, remedies, or obligations under or by reason of this Agreement. 9.8 Termination. This Agreement may be terminated by either Party for cause upon seven (7) days written notice to the other Party. Should the other Party fail to cure and perform in accordance with the terms of this Agreement within such seven-day period, the Agreement may terminate at the sole discretion of the Party that provided the written notice. The Client may terminate this Agreement for its convenience. If Client terminates for its convenience, then Consultant shall be compensated in accordance with the terms hereof for Services performed, reimbursable costs and expenses incurred prior to the termination, and reasonable costs incurred as a result of the termination. 9.9 Force Majeure. Neither Party shall be liable for damages or deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations (other than the payment of money) results, without its fault or negligence, from any cause beyond its reasonable control, including but not limited to acts of God, acts of civil or military authority, embargoes, pandemics, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, adverse weather conditions, strikes or lock-outs, declared states of emergency, and changes in laws, statutes, regulations, or ordinances. 9.10 Disputes, Choice of Law, Venue. In the event of a dispute and prior to exercising rights at law or under this Agreement, Consultant and Client agree to negotiate all disputes in good faith for a period of 30 days from the date of notice of such dispute. This Agreement will be governed by the laws and regulations of the state in which the Project is located and all disputes and claims shall be heard in the state or federal courts for that state. Client and Consultant each waive trial by jury. 9.11 Individual Liability. No officer or employee of Consultant, acting within the scope of employment, shall have individual liability for any acts or omissions, and Client agrees not to make a claim against any individual officers or employees of Consultant. 9.12 Severability. Should a court of law determine that any clause or section of this Agreement is invalid, all other clauses or sections shall remain in effect. 9.13 Waiver. The failure of either Party hereto to exercise or enforce any right under this Agreement shall not constitute a release or waiver of the subsequent exercise or enforcement of such right. 9.14 Entire Agreement. The terms and conditions set forth herein constitute the entire understanding of the Parties relating to the provision of Services by Consultant to Client. This Agreement may be amended only by a written instrument signed by both Parties. In the event Client issues a purchase order or other documentation to authorize Consultant’s Services, any conflicting or additional terms of such documentation are expressly excluded from this Agreement. STAFF REPORT DATE:12/2/2025 Consent Agenda TO: Lake Elmo City Council FROM:Sophia Jensen, Senior City Planner AGENDA ITEM: Prairie Sky First Amendment to the Development Agreement REVIEWED BY: Jason Stopa, Community Development Director Jack Griffin, Bolton and Menk Engineer Consultant Sarah Sonsalla, City Attorney CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☒ Managed Growth ☒ Resilient Infrastructure BACKGROUND: The City has received a request by Prairie Sky Twinhomes LLC for a first amendment to the Development Agreement for Prairie Sky Twinhomes. The final plat was approved in August of 2023. The Development Agreement was approved in August of 2024. ISSUE BEFORE CITY COUNCIL: Should the City approve the first amendment to the Development Agreement for Prairie Sky Twinhomes in order to allow the issuance of building permits prior to sidewalk installation? PROPOSAL ANALYSIS: The Developer is asking that the Development Agreement for Prairie Sky Twinhomes to be amended to allow the issuance of building permits prior to the construction of sidewalks. This request is consistent with other recent project Development Agreements, such as At Home Apartments and Northstar. FISCAL IMPACT: N/A OPTIONS: 1)Approve the first amendment to the Development Agreement Amendment for Prairie Sky Twinhomes 2)Deny the first amendment to the Development Agreement Amendment for Prairie Sky Twinhomes 3)Change the proposed first amendment to the Development Agreement for Prairie Sky Twinhomes to say something different than what is being proposed. RECOMMENDATION: Staff recommends that the City Council approve the request as part of the consent agenda. If removed from the consent agenda, staff recommends the following motion: “Motion to approve Resolution 2025-079 approving the first amendment to the development agreement for Prairie Sky Twinhomes.” ATTACHMENTS: Prairie Sky 1st DA Amendment Agreement Resolution 2025-079 Approving the First Amendment to the Development Agreement Prairie Sky Twinhomes Development Agreement 1 LA515\129\1062131.v2 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (PRAIRIE SKY TWINHOMES) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First Amendment”) is entered into this ___ day of _____________, 20___, by Prairie Sky Twinhomes LLC, a Minnesota limited liability company (the “Developer”) and the City of Lake Elmo, a Minnesota municipal corporation (the “City”). R E C I T A L S WHEREAS, the City and the Developer entered into that certain Development Agreement on August 20th 2024, recorded as Document No. 4472709 (the “Agreement”), relating to the development of Prairie Sky Twinhomes, the property of which is legally described on the attached Exhibit A; and WHEREAS, the City and the Developer desire to amend the Agreement to include provisions to allow building permits to be issued prior to the installation of sidewalks consistent with the language in other project development agreements; and NOW, THEREFORE, in consideration of the foregoing and the covenants and obligations contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and between the City and the Developer as follows: 1.Section 24 of the Development Agreement shall be deleted in its entirety and be amended to read as follows: 24. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A.The City will not issue any building permits for any lot within the Subdivision, or within a completed phase of the Subdivision in a City preapproved phasing plan, until such time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt has been installed and tested for all public streets; boulevard grading has been completed within the entire right-of-way (without hold down grading for the future sidewalk or any other improvements); street and traffic control signs are installed; property monuments have been installed, and grading as-built plans have been submitted and approved by the City. A “preapproved phasing plan” is defined as a phased construction plan that has been submitted by the Developer and approved by the City in advance of the preconstruction 2 LA515\129\1062131.v2 meeting for the Subdivision. Once the construction has started, the City will not consider revisions to the phasing plan for the purpose of issuing building permits. B.Before the City issues any building permits, the Developer shall install wetland buffer monuments in accordance with the City’s zoning ordinance. The monument design shall be approved by the City Planning Department. C.Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspection or actions and the halting of all work in the Subdivision. D.If the City issues building permits before the acceptance of the public Subdivision Improvements by the City, the Developer assumes all liability and costs resulting in delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, the Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any third parties. E.If the City issues building permits before the construction of sidewalks or trails that are located in the front yards of lots within the Subdivision, the Developer assumes responsibility for the coordination, liability and costs related to the construction of the sidewalks and trails. The Developer must ensure that the sidewalks and trails that are located in the front yards of lots are constructed, inspected, and accepted by the City before any driveways for these lots are constructed. The Developer must also construct the sidewalks and trails in such a manner so that they are constructed continuously from end of street to end of street without any exceptions or gaps in the sidewalk or trail. The Developer must ensure that there is a stop work order on all building construction on any of the impacted lots to protect sidewalks and trails from use and damage during material curing periods. All boulevard grading and restoration re-work must be completed by the Developer immediately following the sidewalk or trail construction. In the event that the Developer does not adhere to the requirements in this paragraph, the Developer must immediately complete corrective work to the sidewalks, trails, and boulevard areas in the manner identified by the City at the Developer’s expense. All sidewalk and trail corrections must be made by contractors under the direction of the Developer in accordance with the approved plans and specifications for the Subdivision. All corrective work must be inspected and approved by the City. The Developer agrees that the failure by the Developer to immediately address corrections identified by the City may result in the City immediately placing a stop work order on all construction activity within the Subdivision until the corrections are made to the satisfaction of the City. F.No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 2.Amendment Controls; Ratification and Affirmation. In the event that the terms of this Amendment and the Agreement are held to be inconsistent, the terms of this Amendment shall control. The parties each agree and warrant that, in all other respects, the Agreement is 3 LA515\129\1062131.v2 unmodified, in full force and effect, and each party hereby ratifies and affirms the Agreement and any terms contained therein not otherwise modified by this Amendment. 3.Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one and the same instrument. Each party may rely upon facsimile or electronic mail counterparts of this Amendment signed by the other party with the same effect as if such party had received an original counterpart signed by such other party. 4 LA515\129\1062131.v2 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above. DEVELOPER: Prairie Sky Twinhomes LLC By: _____________________________________ Its: _____________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ___________) The foregoing instrument was acknowledged before me this ____ day of ________________, 20___, by __________________ the ____________________ of Prairie Sky Twinhomes LLC, a Minnesota limited liability company, on behalf of the company. ________________________________________ Notary Public 5 LA515\129\1062131.v2 CITY: City of Lake Elmo By: Charles Cadenhead Its: Mayor By: ______________________ Its: ____________________ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by Charles Cadenhead and __________________, the Mayor and ______________, respectively, of the City of Lake Elmo, a Minnesota municipal corporation on behalf of the City. ________________________________________ Notary Public This instrument was drafted by: Kennedy & Graven, Chartered (SJS) 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9300 6 LA515\129\1062131.v2 EXHIBIT A Legal Description of the Property Lots 1-2, Block 1, Lots 1-2, Block 2, Lots 1-2, Block 3, Lots 1-2, Block 4, Lots 1-2, Block 5, Lots 1-2, Block 6, Lots 1-2, Block 7, Lots 1-2, Block 8, Lots 1-2, Block 9, Lots 1-2, Block 10, Lots 1-2, Block 11, Lots 1-2, Block 12, Lots 1-2, Block 13, Lots 1-2, Block 14, Lots 1-2, Block 15, Prairie Sky Twinhomes, according to the recorded plat thereof, County of Washington, State of Minnesota. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2025-079 A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR PRAIRIE SKY TWINHOMES WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Prairie Sky Twinhomes LLC (the “Applicant”) has previously submitted an application to the City of Lake Elmo (the “City”) for a final plat for Prairie Sky Twinhomes; and WHEREAS, the Lake Elmo City Council adopted Resolution No 2023-076 on August 15th 2023 approving the final plat for Prairie Sky Twinhomes; and WHEREAS, the Lake Elmo City Council adopted Resolution No 2024-089 on August 20th 2024 approving the Development Agreement for Prairie Sky Twinhomes; and WHEREAS, the Applicant and the City have agreed to amend the Development Agreement for Prairie Sky Twinhomes; in order to allow building permits to be issued prior to public improvement acceptance by the City and prior to the installation of sidewalks; and NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the First Amendment to Development Agreement for Prairie Sky Twinhomes, authorize the City Attorney to draft the First Amendment to the Development Agreement to include provisions to allow building permits to be issued prior to sidewalk installation consistent with the language in the Northstar 1st Addition and At Home Apartments Development Agreements, and authorize the Mayor and City Clerk to execute the First Amendment to Development Agreement. Passed and duly adopted this 2nd day of December 2025 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Charles Cadenhead, Mayor ATTEST: _______________________________ City Clerk STAFF REPORT DATE: December 2nd 2025 CONSENT AGENDA ITEM: Approve Landscape Security Reduction for Union Park Phase 1 Development SUBMITTED BY: Sophia Jensen, Senior City Planner ISSUE BEFORE COUNCIL: Should the City Council approve release of warranty security for landscaping for Union Park Phase 1? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed the request to reduce the development security for landscaping improvements for the Union Park Phase 1 Development. These phases were inspected and accepted by the Landscape Architect on 11/13/2025. Current Security Amount Proposed Security Amount $45,775 $01. Union Park Phase 1 FISCAL IMPACT: It is the City’s goal to retain, at all times during the subdivision improvements, a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, approve the security reductions for the Union Park Phase 1 development. 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 release for the Union Park Phase 1 as detailed in the respective 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 2.Close Out Inspection Letter UNION PARK 1ST ADDITION Time of Performance: October 31, 2020 DEVELOPMENT AGREEMENT AMOUNTS CATEGORY CONSTRUCTION 125%REMARKS #1 #2 #3 #4 #5 #6 Grading $268,425 $335,531 100%$335,531 Sanitary Sewer $365,093 $456,366 100%$342,275 $114,092 Watermain $262,783 $328,479 100%$246,359 $82,120 Storm Sewer (w/pond structures)$319,348 $399,185 100%$299,389 $99,796 Streets + Sidewalks $435,304 $544,130 100%$408,098 $136,033 Bituminous Trails $24,645 $30,806 100%$23,105 $7,702 Surface Water Facilities $34,727 $43,409 100%$32,557 $10,852 Street Lighting $24,000 $30,000 100%$22,500 $7,500 Street Signs and Traffic Control Signs $8,965 $11,206 100%$8,405 $2,802 Private Utilities (electricity, natural gas, telephone, and cable) Landscaping $36,620 $45,775 100%$45,775 Tree Preservation and Restoration NA NA Wetland Mitigation and Buffers NA NA Monuments $6,200 $7,750 100%$5,813 $1,938 Erosion Control $51,408 $64,260 100%$48,195 $16,065 Miscellaneous Facilities NA NA Record Drawings $5,000 $6,250 100%$4,688 $1,563 TOTALS $1,842,518 $2,303,148 RELEASED AMOUNTS:$588,634 $335,531 $196,211 $852,747 $284,249 $45,775 CUMMULATIVE AMOUNTS:$588,634 $924,165 $1,120,376 $1,973,123 $2,257,373 $2,303,148 SECURITY AMOUNT REMAINING:$1,714,514 $1,378,983 $1,182,771 $330,024 $45,775 $0 DATE:4/20/2021 9/7/2021 6/20/2023 11/21/2023 8/6/2025 12/2/2025 REDUCTIONS Memorandum 1 TO: Sophia Jensen FROM: Patrick O’Keeffe, PLA (MN, CO) DATE: 11/13/2025 RE: Final Acceptance Inspection | Union Park East PH1 Initial Inspection Initial Re-inspection (Acceptance) 1-Year Inspection 2-Year Inspection 2-Year Re-inspection Final Inspection Acceptance Union Park East, PH1 09/15/22 09/28/23 (11/10/23) 09/16/24 08/13/2025 09/05/2025 10/03/2025 10/23/2025 11/12/2025 Inspectors •Patrick O’Keeffe, PLA (MN, CO) Inspection Summary •An on-site landscape inspection was conducted to assess the condition and performance of the installed landscape elements. Based on this review, the site has met the City’s requirements for final acceptance. •See attached plan mark-ups for specific landscape conditions. Patrick O’Keeffe, PLA (MN, CO) Landscape Architect P: (651) 324-5277 | E: Patrick@hkgi.com 800 WASHINGTON AVE N STE 207 MPLS, MN 55401 | HKGI.COM 4TH S T . N . J U N C O R D . N . J U N C O R D . N . 4TH S T . N . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 1 2 3 4 5 6 7 8 9 10 11 12 58 29 24 16 28 25 68 23 20 19 27 26 22 18 17 15 14 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920212223 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3839 4041 42434445464748495051525354555657596061 62636465 66 67 69 70 BLOC K 2 BLOCK 1 BLOCK 3 BLOCK 1 DOG PARK INFILTRATION BASIN EAST HWL 996.42 4TH STREET LN N JU L I A A V E . N . 4TH ST. N . 2130 OUTLOT C HOA OWNED D&U EASEMENT OVER ENTIRE OUTLOT C OUTLOT A HOA OWNED D&U EASEMENT OVER ENTIRE OUTLOT A OUTLOT D HOA OWNED D&U OVER ENTIRE OUTLOT D OUTLOT B HOA OWNED D&U OVER ENTIRE OUTLOT B 4TH S T . N . BLOC K 1 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 BLOCK 6 BLOCK 7BLOCK 8BLOCK 9 BLO C K 1 0 BLOCK 11 BLO C K 1 2 J U N C O R D N L N N 5TH S T R E E T N 6TH S T R E E T LAN E N O R T H UN I O N P A R K - P H A S E 1 FI N A L P L A T S U B M I T T A L FI N A L L A N D S C A P E P L A N LEGEND N PHASE 2 UNION PARK EAST - Phase 1 Inspected on 11-12-2025 LEGEND NO ACTION REQUIRED Tree accepted Tree health to be monitored Tree replacement required Tree correction required Tree missing CONTRACTOR ACTION REQUIRED Remove twine, burlap, metal cage, tags. Make trees plumb. Remove soil from main order root. Install proper mulch ring. Insect damage Insect damage Early abscission, monitor canopy health Monitor stress Monitor stress Groundcover correction required STAFF REPORT DATE: December 2, 2025 Consent TO: Mayor and Councilmembers FROM: Nicole Miller, City Administrator AGENDA ITEM: Appointing Deputy City Clerk CORE STRATEGIES: ☒ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services ☒ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☐ Managed Growth ☐ Resilient Infrastructure BACKGROUND: The Deputy Clerk performs the statutory duties of the City Clerk in case of absence or need. By appointing a Deputy City Clerk the City can make sure there won’t be delays in operation due to the absence of the City Clerk. ISSUE BEFORE COUNCIL: Should the Council appoint Angela Gruber as Deputy City Clerk? PROPOSAL: The City Council is asked to appoint a Deputy City Clerk on the City’s behalf, should the City Clerk be unavailable or unable to attend a meeting or sign agreements. RECOMMENDATION: If removed from the Consent Agenda, staff recommend the following motion: “Move to appoint Angela Gruber as Deputy City Clerk” STAFF REPORT DATE:December 2, 2025 CONSENT TO: Mayor and Councilmembers FROM: Nicole Miller, City Administrator AGENDA ITEM: Approval to change Administrative Services Coordinator Job Description to Administrative Services Director CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☐ Managed Growth ☐ Resilient Infrastructure BACKGROUND: In June 2025, the City of Lake Elmo advertised and hired an Administrative Services Coordinator where supervisory duties were removed during restructuring of the position. After evaluating the current departmental needs and capacity as well as the skill set that our current Administrative Services Coordinator has, I am recommending the position be changed back to Administrative Services Director and supervisory duties added back. ISSUE BEFORE COUNCIL: Approval to change Administrative Services Coordinator job description to Administrative Services Director. PROPOSAL DETAILS/ANALYSIS: Our current Administrative Services Coordinator, Jennifer Doyle joined the City of Lake Elmo in June 2025. Jennifer has previous supervisory experience and has displayed institutional knowledge of city administrative services. These skills have contributed to her ability to support the administration team from day one. Staff naturally go to Jennifer with questions when the City Administrator is unavailable. With the addition of supervisory duties being added back to the Administrative Services Director that puts the job at a grade 12. Currently the job description of Administrative Services Coordinator is a grade 10. I recommend that Jennifer is moved to grade 12 step 4. FISCAL IMPACT: This would have a minimal impact on the 2025 budget and is included in the 2026 budget. OPTIONS: 1.)Approve the position description change and wage increase for Jennifer Doyle. 2.)Do not approve the position description change and wage increase for Jennifer Doyle. RECOMMENDATION: If removed from the consent agenda: “Motion to approve the Administrative Services Coordinator Job Description to Administrative Services Director and approve wage increase.” ATTACHMENTS: Administrative Services Director job description updated November 2025 POSITION TITLE Administrative Services Director DEPARTMENT REPORTS TO GRADE LEVEL STATUS Administration City Administrator 12 Full-time, Exempt POSTION SUMMARY This position performs various administrative responsibilities and interacts routinely with the public and other agencies. It primarily assists in human resources and general administration and collaborates with all departments to maintain strong, productive, cooperative relationships. This position supervises City Clerk, Communications Coordinator, and Administrative Assistant. ESSENTIAL DUTIES AND RESPONSIBILITIES Human Resources: Manage the recruitment process for all departments. Assemble employment application information, post and publish advertisements, assist in developing selection procedures, evaluate candidates' qualifications, develop interview questions, and participate in interviews as requested. Evaluate and administer benefit programs, including health, dental, life, long-term disability, and supplemental insurance plans. Manage employee health coverage enrollment and termination. Serves as administration department representative and manager for employee safety committee; coordinates employee safety training schedule with contracted consultants, as applicable; is responsible for preparing and maintaining annual OSHA and worker's compensation insurance reports. Manage employee recognition program. Plan and develop internal communications in partnership with the Communications Coordinator. Provide oversight and technical assistance for preparing and processing payroll and benefit forms. Maintain confidential employee personnel files. Research and respond to employee inquiries and employment verifications—draft routine correspondence. Perform and coordinate employee orientation and training. Coordinate drug and medical testing. Comply with all federal and state reporting standards (Worker's Compensation, COBRA, HIPAA, etc.). Communicate policies and procedures adopted by the City Council to employees in written and verbal format. Lead City representative in union negotiations Coordinate and research all personnel issues necessary to properly administer municipal employment. Assisted with pay plan administration, pay equity, and job analysis. Participate in developing operations policies, practices, procedures, and recommendations to the City Administrator and City Council. Assist in the development and oversight of wellness programs. Assist with Data Practices policy development and implementation. Administrative Services Director Updated: November 2025 General Administration: Assist with managing contracts for contractual information technology services, including maintaining accurate user software and hardware lists, attending IT meetings, keeping current on potential security risks, planning training to mitigate risks, and evaluating process improvements. Coordinate contract management for the City on general contracts (including but not limited to prosecution contracts, law enforcement contracts, cellular antenna contracts, information technology contracts, etc.) In conjunction with the Finance Director, involved in overseeing the worker's compensation insurance programs. Assist with the maintenance of the City's records management system. Conduct unique project research and analysis as requested by the city administrator. Serve as liaison with state, county, and local officials to exchange information and coordinate activities associated with this position. Supervisory Responsibilities: Provides direction, supervision, and coordination of training for Administration Department. Establishes and maintains policies and procedures for the Department. Carries out supervisory duties in accordance with the City’s policies and applicable laws. Responsible for training, planning, assigning and directing work. Responsible for evaluating performance, rewarding employees, disciplining employees. Responsible for responding to grievances, addressing complaints and addressing problems of employees. While these areas are the position's primary focus, we strongly believe in teamwork, and employees will be called upon to perform various duties as part of their role with the City. This position may be called upon to conduct unique research and project oversight for various administrative functions within the municipal organization. KNOWLEDGE, SKILLS AND ABILITIES Knowledge of federal and state statutes, city codes, and other requirements affecting municipal government operations. Thorough knowledge of public sector personnel/human resources administration, principles, practices, and techniques, including legal requirements. General knowledge of administrative functions. Edit or write clear and interesting articles, stories, social media posts, and other educational and promotional material. Considerable ability to interpret policy decisions and guidelines and to develop practical solutions and programs. Considerable ability to resolve conflicts and negotiate solutions. Considerable ability to maintain confidential or proprietary information within the bounds of the law. Skill in analyzing facts, organizational procedures, and operational considerations. Ability to work independently, determine priorities, work collaboratively, and make appropriate decisions. Demonstrates a working knowledge of records management and MN data practices. Demonstrates a working knowledge of advanced office practices, procedures, equipment, and Microsoft Office. Commitment to exceptional customer service and a positive attitude. Demonstrates a team player approach and a high level of professionalism in assisting Administrative Services Director Updated: November 2025 staff. Demonstrates initiative in process improvement opportunities. Ability to perform successfully with minimal supervision. Ability to maintain adequate and positive working relationships with staff and the public. MINIMUM QUALIFICATIONS Minimum of three years experience working in local government. Valid MN Driver's License Process basic computer skills, including a good knowledge of and experience using: E-mail and Microsoft Outlook Web Browsing Adobe PDF Viewer Microsoft Office Products DESIR ED QUALIFICATION Education: Bachelor’s degree in public administration, business administration, human resources, or related field. Professional Human Resources or Senior certification (PHR/SPHR) or Society for Human Resource Management-Certified Professional or Specialist certification (SHRM-CP/SCP). Master's degree in public administration, business administration, human resources, or related field. Five or more years of practical experience in personnel administration, business administration, or local government. Knowledge of records management and MN data practices. Experience in the fundamentals of human resources. Initiative to look for continual improvement opportunities. Ability to exercise independent judgment and discretion in decision-making. Ability to effectively problem solve using analytical and strategic thinking. COMPETENCIES COMMON TO ALL CITY POSITIONS Develop and maintain a thorough working knowledge of and compliance with all departmental and applicable city policies and procedures. Demonstrate by personal example the spirit of service, excellence, and integrity expected from all staff. Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff to perform job responsibilities confidently and quickly. Confer regularly with and keep your immediate supervisor informed of all critical matters about the applicable job functions and responsibilities. Represent the City of Lake Elmo professionally to the public, outside contacts, and constituencies. PHYSICAL AND MENTAL REQUIREMENTS Positions in this job typically require sitting, feeling, manual dexterity, grasping, talking, hearing, typing, and seeing. There is sustained exposure to computer keyboards and video screens. This position is generally light-duty and may require the exertion of up to 20 pounds of force on occasion and the ability to lift, carry, push, pull, and move objects. The individual may encounter unexpected and prolonged workdays, stress, and pressure from dealing with emotional issues and conflicts. WORKING CONDITIONS Most work is performed in an office setting **The physical demands and work environment characteristics described here represent those an employee encounters while performing essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform basic functions. Administrative Services Director Updated: November 2025 The above statements are intended to describe the general nature and level of work being performed by individuals employed in this job. They are not intended to be an exhaustive list of all duties and qualifications required of personnel in this job. The employer reserves its right to change the job description and establish, modify or eliminate job duties and responsibilities and jobs at its discretion with or without notice. ACKNOWLEDGEMENTS I acknowledge reviewing this job description. ________________________________________________________________________ _______________ Employee Name (Print)Employee Signature Date ________________________________________________________________________ _______________ Supervisor Name (Print)Supervisor Signature Date STAFF REPORT DATE:December 2, 2025 CONSENT TO: Mayor and Councilmembers FROM: Jennifer Doyle, Administrative Services Coordinator AGENDA ITEM: Approve 2026 Liquor License Renewals CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☐ Managed Growth ☐ Resilient Infrastructure BACKGROUND: According to State Statute and City Code, each year, all Liquor Licenses must be renewed. All renewals are contingent upon approval by the Washington County Sheriff’s Department and review by the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement. ISSUE BEFORE COUNCIL: Should Council approve the requested license renewals? PROPOSAL DETAILS/ANALYSIS: The City has received liquor license renewal applications for 2026 from the following establishments: Kwik Trip Lake Elmo Inn/Lake Elmo Event Center Twin Point Tavern ParT Barn Elmo Liquor Arnie’s Marma The appropriate fees have been paid and all required documentation has been provided. FISCAL IMPACT: Renewal fee for each license has been received. OPTIONS: 1.Approve license renewals 2.Deny license renewals RECOMMENDATION: (if pulled from Consent) “Motion to approve 2026 Liquor License Renewals as presented.” STAFF REPORT DATE:December 2, 2025 CONSENT TO: Mayor and Councilmembers FROM: Julie Johnson, City Clerk AGENDA ITEM: Approve 2026 Meeting Schedule CORE STRATEGIES: ☒ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services ☒ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☐ Managed Growth ☐ Resilient Infrastructure BACKGROUND: Adopting a meeting calendar serves as the official notice for the year of all upcoming meetings; thereby, satisfying legal requirements and increasing transparency to the general public. If approved, the meeting calendar will be posted at City Hall and on the City’s website. ISSUE BEFORE COUNCIL: Should the Council approve the 2026 Meeting Schedule? PROPOSAL DETAILS/ANALYSIS: Changes to normal meeting dates on the 2026 calendar include adjustments due to National Night to Unite, holidays and elections. As part of its Consent Agenda, the City Council is respectfully requested to approve the 2026 City Meeting schedule or amend as necessary. FISCAL IMPACT: None. OPTIONS: Approve, modify or deny the 2026 Meeting Schedule. RECOMMENDATION: (if pulled from Consent) “Move to approve the 2026 Meeting Schedule.” ATTACHMENTS: 2026 Meeting Schedule S M T W TH F S S M T W TH F S S M T W TH F S S M T W TH F S 1 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 12 13 14 15 16 17 18 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 19 20 21 22 23 24 25 25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 S M T W TH F S S M T W TH F S S M T W TH F S S M T W TH F S 1 2 1 3 4 5 6 7 8 9 1 2 3 4 5 6 1 2 3 4 2 3 4 5 6 7 8 10 11 12 13 14 15 16 7 8 9 10 11 12 13 5 6 7 8 9 10 11 9 10 11 12 13 14 15 17 18 19 20 21 22 23 14 15 16 17 18 19 20 12 13 14 15 16 17 18 16 17 18 19 20 21 22 24 25 26 27 28 29 30 21 22 23 24 25 26 27 19 20 21 22 23 24 25 23 24 25 26 27 28 29 31 28 29 30 26 27 28 29 30 31 30 31 S M T W TH F S S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 27 28 29 30 25 26 27 28 29 30 31 29 30 27 28 29 30 31 City Council Meetings 7PM City Holidays National Night to Unite Workshop 6:30PM Pay Date Board of Appeal and Equalization Planning Commission Mtgs 6:30PM Parks Commission 6:30PM EDA 6PM Election Day City of Lake Elmo 2026 JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER City Council Meetings are held at 7:00 p.m. & Workshops are held at 6:30 p.m. Planning Commission Meetings are held at 6:30 p.m. on 2nd & 4th Mon. Parks Commission Meetings are held at 6:30 p.m. on 3rd Mon. Board of Appeal and Equalization held 5:00 p.m. – 7:00 p.m. in April All meetings are held in the Council Chambers unless otherwise noted National Night to Untie- August 5th 2026 REGULAR MEETING DATES January 6 January 13 January 20 February 3 February 10 February 17 March 3 March 10 March 17 April 7 April 14 April 21 April 21 May 5 May 12 May 19 June 2 June 9 June 16 City Council City Council Workshop City Council City Council City Council Workshop City Council City Council City Council Workshop City Council City Council City Council Workshop City Council Bd of Appeal & Equalization City Council City Council Workshop City Council City Council City Council Workshop City Council July 7 July 14 July 21 August 5 August 11 August 18 September 1 September 8 September 15 October 6 October 13 October 20 November 4 November 10 November 17 December 1 December 8 December 15 City Council City Council Workshop City Council City Council City Council Workshop City Council City Council City Council Workshop City Council City Council City Council Workshop City Council City Council City Council Workshop City Council City Council City Council Workshop City Council STAFF REPORT DATE: December 2, 2025 Consent TO: Mayor and Councilmembers FROM: Nicole Miller, City Administrator AGENDA ITEM: Parks Commission Reappointments CORE STRATEGIES: ☒ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☐ Managed Growth ☐ Resilient Infrastructure BACKGROUND: The Parks Commission is established to review and make recommendations to the Council on the future development of city parks, including the establishment of and improvements to the parks, and to make recommendations to the Council on policies governing the maintenance and public use of the parks within the city. The Parks Commission shall consist of 7 members. The voting members shall be appointed by the City Council for a 3-year term. The terms of two commissioners expire 12/31/25: Ellen Esch and Peter Kastler. ISSUE BEFORE COUNCIL: Should the Council reappoint the two Parks Commissioners with terms that expire this year? PROPOSAL: Commissioners Esch and Kastler have both requested reappointment. RECOMMENDATION: If removed from the Consent Agenda, staff recommend the following motion: “Move to reappoint Ellen Esch and Peter Kastler to the Parks Commission for terms ending 12/31/28” STAFF REPORT DATE: December 2, 2025 Consent TO: Mayor and Councilmembers FROM: Nicole Miller, City Administrator AGENDA ITEM: Economic Development Authority Reappointments CORE STRATEGIES: ☒ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☐ Managed Growth ☐ Resilient Infrastructure BACKGROUND: The Economic Development Authority (EDA) is a legal entity created by the City to facilitate a well- rounded development program to create flexible business assistance and development programs. The EDA is governed by a board consisting of seven members; two members of City Council, and five of which are real property owners, in good standing, from within the jurisdictional boundary of the City of Lake Elmo, who are appointed by the Mayor with Council approval. The terms of two commissioners expire 12/31/25: Don Place and Mitch McNeil. Per state statute 469.095 subd. 2c, members should initially be appointed for terms of one, two, three, four and five years respectively and two members for six years. Thereafter all commissioners shall be appointed for six-year terms. ISSUE BEFORE COUNCIL: Should the Council reappoint the two Economic Development Authority commissioners with terms that expire this year? PROPOSAL: EDA commissioners Place and McNeil have both requested reappointment. RECOMMENDATION: If removed from the Consent Agenda, staff recommend the following motion: “Move to reappoint Don Place and Mitch McNeil to the Economic Development Authority for terms ending 12/31/31” STAFF REPORT DATE: December 2, 2025 Consent TO: Mayor and Councilmembers FROM: Nicole Miller, City Administrator AGENDA ITEM: Planning Commission Reappointments CORE STRATEGIES: ☒ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services ☐ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☐ Managed Growth ☐ Resilient Infrastructure BACKGROUND: The Planning Commission is established to meet the requirements of state statute; to develop and enforce the Comprehensive Plan and amendments to the plan, subject to Council approval and the requirements of the Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the Commission shall be made unless and until authorized for the purpose by the Council. The Planning Commission shall consist of 7 voting members. The voting members shall be appointed for a 3-year term so that only 1/3 of the appointments will expire on December 31 of each year. The terms of two commissioners expire 12/31/25: Tom Rehkamp and Susie Dunn. ISSUE BEFORE COUNCIL: Should the Council reappoint the two Planning Commissioners with terms that expire this year? PROPOSAL: Commissioners Rehkamp and Dunn have both requested reappointment. RECOMMENDATION: If removed from the Consent Agenda, staff recommend the following motion: “Move to reappoint Tom Rehkamp and Susie Dunn to the Planning Commission for terms ending 12/31/28” STAFF REPORT DATE: December 2, 2025 CONSENT TO: Mayor and City Council FROM: Clarissa Hadler, Finance Director AGENDA ITEM: Authorize Certification of Delinquent Storm Water Bills & Utility Bills BACKGROUND: Property owners had until November 15, 2025 to make payment in full on their past due storm water bills and past due utility bills. For those past due amounts that remain unpaid, the City of Lake Elmo has authority under Minnesota State Statute 444.075, subdivision 3, to certify the delinquent balances. For those property owners to be certified, the City prepares an assessment roll, and sends it to Washington County in December. Upon receipt, Washington County will then certify the amount to the property owner as part of their property taxes for payment in 2026. ISSUE BEFORE THE CITY COUNCIL: 1) Does the City Council approve of certifying delinquent storm water and delinquent utility amounts to Washington County for payment on the 2026 property taxes? PROPOSAL DETAILS/ANALYSIS: The Storm Water and Utility Funds are enterprise funds that the City operates, and are therefore meant to operate similar to a business enterprise. As such, utility rates are reviewed on a regular basis and are set based on full and timely payments. The certification process is a tool that enables the City to receive payment for those accounts that become delinquent. FISCAL IMPACT: As of November 24, 2025, the number of accounts that will be certified is 307 for a total of $101,794.23. Note: The delinquent utility accounts list (Exhibit A) will likely decrease as the City will continue to collect payments through December 15. Payments made after that date will be applied to the next regular utility bill. The list is due to County on December 28th. RECOMMENDATION: If removed from consent agenda: “Motion to Adopt Resolution No. 2025-078 authorizing certification of delinquent storm water and utility bills to be sent to Washington County, MN, which will be assessed on property owner’s taxes payable in 2026.” ATTACHMENTS: 1)Resolution No. 2025-078 2)Delinquent Utility Accounts – Exhibit A CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2025-078 RESOLUTION AUTHORIZING CERTIFICATION OF DELINQUENT UTILITY BILLS TO BE SENT TO WASHINGTON COUNTY, MN, WHICH WILL BE CERTIFIED TO PROPERTY TAXES PAYABLE IN 2026 WHEREAS, Minn. Stat. 444.075, subdivision. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for the collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: 1.The list of delinquent accounts, a copy of which is attached hereto as “Delinquent Utility Accounts – Exhibit A”, and made part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2.The certified amount shall be payable over a period of one year. 3.The owner of the property may at any time prior to certification to the County Auditor, pay the delinquent amount to the City of Lake Elmo. 4.The City Finance Director shall forthwith transmit information to the County Auditor to be extended on the property tax lists of Washington County. Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED, by the Lake Elmo City Council on the 2nd day of December, 2025. Charles Cadenhead, Mayor ATTEST: City Clerk Account PIN FullBillingName FullPropertyAddress Cert Fee Water Stormwater Total Cert 01-00008281-00-2 34.029.21.41.0079 EFFIOM, EMILIA 9819 5TH STREET LANE N $25.00 $11.52 $36.52 01-00014701-00-0 33.029.21.11.0081 MUEHLENBEIN, ANN 8912 IRVING BOULEVARD N $25.00 $12.67 $37.67 01-00021611-02-8 11.029.21.44.0029 BRUHN, RON & LAURETTE 10973 41ST STREET N $25.00 $12.88 $37.88 01-00000324-00-2 24.029.21.14.0007 BAKER, BRIAN & PAMELA 2672 LISBON AVENUE COURT N $25.00 $13.04 $38.04 01-00000832-01-1 12.029.21.41.0010 GAHLON MICHAEL & AMANDA 11820 44TH STREET N $25.00 $13.58 $38.58 01-00027741-01-5 34.029.21.34.0014 CSIM BENTLEY VILLAGE OWNER LLC 9482 4TH STREET N $25.00 $13.71 $38.71 01-00000213-04-3 13.029.21.23.0027 SHIFSKY, CARSON 3520 LAVERNE AVENUE N $25.00 $14.40 $39.40 01-00016061-01-0 33.029.21.11.0121 YAZDANI YOUSEF & SPIESS LEANNE 8794 IRVING BOULEVARD N $25.00 $14.50 $39.50 01-00001383-00-8 01.029.21.13.0011 SLETTEN, DANIEL 5734 LILY AVENUE N $25.00 $27.81 $52.81 01-00032451-00-2 13.029.21.14.0022 CREATIVE HOMES INC 3463 LINDEN AVENUE COURT N $25.00 $27.84 $52.84 01-00000332-00-3 24.029.21.11.0014 CHELMO, BRIAN & LORI 2739 LISBON AVENUE COURT N $25.00 $29.29 $54.29 01-00026111-01-5 11.029.21.43.0072 DAHL, ANDREA 10760 40TH STREET N $25.00 $30.05 $55.05 01-00029111-01-2 27.029.21.42.0013 GEORGE, TIMOTHY 9654 WHISTLING VALLEY ROAD N $25.00 $32.74 $57.74 01-00023581-01-7 34.029.21.13.0068 MINOR, ABBY 9639 8TH STREET N $25.00 $34.00 $59.00 01-00004420-00-1 34.029.21.41.0017 LUBS, ANTHONY & HEATHER 9888 7TH STREET N $25.00 $42.02 $67.02 01-00000458-00-2 16.029.21.44.0009 EDM PROPERTIES LLC 8993 33RD STREET N $25.00 $42.98 $67.98 01-00006300-02-2 34.029.21.32.0002 MARTIN, WILLIAM 9096 JADE CIRCLE N $25.00 $56.53 $81.53 01-00000552-00-3 09.029.21.44.0020 CHIN, ROGER 4220 IVY COURT N $25.00 $59.37 $84.37 01-00027231-00-4 25.029.21.31.0060 US HOME LLC 1476 PALMER DRIVE N $25.00 $65.28 $90.28 01-00020371-00-0 15.029.21.43.0009 O'SHEA DOUGLAS & ANDREA 9517 STILLWATER BOULEVARD N $25.00 $68.30 $93.30 01-00000579-00-6 15.029.21.31.0004 LENZ, COLTON 9492 STILLWATER BOULEVARD N $25.00 $68.93 $93.93 01-00032061-01-0 25.029.21.22.0020 BLOCK, NATHAN 1956 ROYAL BOULEVARD N $25.00 $71.94 $96.94 04-00000309-00-4 21.029.21.14.0010 SCHMIDT, JASON & MEGAN 8920 27TH STREET N $25.00 $76.26 $101.26 01-00000982-00-0 06.029.20.32.0019 VAZQUEZ, ANGELICA 12229 MARQUESS LANE N $25.00 $77.31 $102.31 04-00000093-01-7 22.029.21.23.0012 HERNANDEZ, ALINDA S & OSCAR 9043 28TH STREET N $25.00 $80.20 $105.20 01-00000529-00-1 16.029.21.41.0005 BAUER, PHILLIP A 3440 JAMACA AVENUE N $25.00 $80.22 $105.22 01-00025101-00-0 16.029.21.22.0016 FRIEDRICH, FARRAH 3765 IDEAL AVENUE N $25.00 $88.53 $113.53 01-00013571-00-8 34.029.21.13.0079 SOBASKI, DAVID 9733 8TH STREET N $25.00 $91.69 $116.69 01-00000412-01-7 16.029.21.41.0023 VERITAS DEVELOPMENT LLC 8935 33RD STREET N $25.00 $100.64 $125.64 04-00000337-00-1 21.029.21.12.0054 LUCKEY, ANN 8775 IRONWOOD TRAIL N $25.00 $101.23 $126.23 04-00000197-00-5 21.029.21.24.0009 FRANZWA, ROBERT J 8367 26TH STREET N $25.00 $102.88 $127.88 01-00000999-00-0 06.029.20.31.0015 BECKER, JASON & KATHLEEN 12418 MARQUESS WAY N $25.00 $104.53 $129.53 01-00000903-00-7 06.029.20.33.0024 MARCUS, EVAN & SARA 5043 MARQUESS TRAIL CIRCLE N $25.00 $112.10 $137.10 01-00017141-01-0 14.029.21.11.0058 MENDENHALL, CAROL & RODNEY 3930 KOKANEE LANE N $25.00 $125.95 $150.95 01-00014331-00-1 21.029.21.34.0013 VANG, HAUPHENG 2038 INWOOD AVENUE N $25.00 $130.98 $155.98 01-00019741-00-7 11.029.21.34.0023 MOLINE, VERNON & BEVERLY 4044 KINDRED WAY N $25.00 $132.63 $157.63 01-00000276-00-2 10.029.21.24.0008 TRAN, NANG 9393 JANE ROAD N $25.00 $133.06 $158.06 01-00003802-00-6 34.029.21.41.0065 NEWMAN, JAMES 9751 5TH STREET LANE N $25.00 $135.77 $160.77 01-00026631-01-6 34.029.21.43.0095 NGOH, CORETTA 229 JUNCO ROAD N $25.00 $135.89 $160.89 01-00003926-00-3 34.029.21.41.0127 CARDELLI, CHRISTY 9862 5TH STREET LANE N $25.00 $145.48 $170.48 01-00031431-01-0 14.029.21.14.0027 KAISER, BEN & FIORELLA 3574 KNIGHTSBRIDGE TRAIL N $25.00 $147.17 $172.17 01-00000148-00-8 13.029.21.32.0068 SMITH, JUSTIN 3291 LAMPERT AVENUE N $25.00 $149.45 $174.45 01-00021671-01-3 13.029.21.44.0087 ZACHER, JOSHUA & COLIN 11791 UPPER 31ST STREET N $25.00 $152.76 $177.76 01-00025441-00-3 14.029.21.44.0035 DANMAR HOLDINGS LLC 10985 32ND STREET N $25.00 $153.54 $178.54 01-00000124-01-1 13.029.21.33.0008 HEFTI, JENESSA 3235 LAKE ELMO AVENUE N $25.00 $156.67 $181.67 01-00005700-01-8 36.029.21.32.0048 KAUFMANN, KYLE 315 LAVERNE AVENUE N $25.00 $157.83 $182.83 01-00000027-00-4 13.029.21.33.0038 VANDEN BRANDEN, KURT 11008 32ND STREET N $25.00 $158.00 $183.00 01-00025131-01-2 34.029.21.43.0032 HARRIS, TRACY 9662 4TH STREET N $25.00 $161.49 $186.49 01-00024381-01-2 13.029.21.44.0060 ESTRADA, MELAUNA 11870 UPPER 31ST STREET N $25.00 $164.27 $189.27 01-00027721-01-9 34.029.21.42.0102 NAHAR KAMRUN & MAHADI HABIB 9720 4TH STREET N $25.00 $165.85 $190.85 01-00004545-01-2 34.029.21.42.0037 ORTEGA, FELIX 9618 7TH STREET N $25.00 $166.68 $191.68 01-00015071-00-1 13.029.21.41.0003 THO, AMY & TCHISOU 3244 LINDEN LANE N $25.00 $172.34 $197.34 01-00000012-03-5 13.029.21.32.0003 KNAAK, WILLIAM 11057 33RD STREET N $25.00 $173.00 $198.00 01-00000576-00-3 15.029.21.31.0011 LINNELL, ROGER 9402 STILLWATER BOULEVARD N $25.00 $178.49 $203.49 01-00025451-01-9 13.029.21.44.0022 RASMUSSEN, MATTHEW 11806 UPPER 30TH STREET N $25.00 $179.07 $204.07 01-00000384-00-0 24.029.21.12.0037 SOLSETH, MICAH & ROBIN 2933 LISBON AVENUE N $25.00 $179.39 $204.39 01-00009871-00-0 34.029.21.41.0115 CABINETT, ASHLEY 9939 5TH STREET LANE N $25.00 $180.14 $205.14 01-00009441-00-3 34.029.21.34.0007 & RENUKADEVI SUYAMBU, SUBRAMANI VISWANATH548 6TH STREET LANE N $25.00 $181.00 $206.00 01-00000853-00-5 12.029.21.42.0023 REHNBERG, STEVE & DIANA 4485 LILY AVENUE N $25.00 $181.79 $206.79 01-00000981-00-9 06.029.20.32.0027 VAN DEEST, RYAN 12226 MARQUESS LANE N $25.00 $182.64 $207.64 01-00031661-01-3 13.029.21.14.0017 WHITE, CHARLES 11746 35TH STREET N $25.00 $182.71 $207.71 04-00000071-00-6 22.029.21.22.0012 MATHER, WAYNE 2940 JAMLEY AVENUE N $25.00 $189.25 $214.25 03-00000761-00-1 33.029.21.44.0014 LAW SPACE LLC 8681 EAGLE POINT BOULEVARD N $25.00 $192.48 $217.48 01-00025271-01-1 13.029.21.43.0034 LINDEN, CHAD & TONYA 11756 UPPER 31ST STREET N $25.00 $192.63 $217.63 01-00000818-00-8 12.029.21.12.0019 MASON, LINDA 4964 LILY AVENUE N $25.00 $197.04 $222.04 01-00000084-00-9 13.029.21.23.0008 RICHARDSON, ANDREA 3699 LAVERNE AVENUE N $25.00 $198.76 $223.76 01-00018761-01-7 13.029.21.44.0018 MONTGOMERY, DALE 11809 UPPER 30TH STREET N $25.00 $200.28 $225.28 01-00024831-00-9 16.029.21.22.0008 ECHEVERRIA, LUIS & DANA 8140 39TH STREET N $25.00 $202.54 $227.54 01-00004675-02-1 34.029.21.41.0034 KERR, BETH KIHLMAN & STEVE 9949 5TH STREET LANE N $25.00 $202.86 $227.86 01-00025201-01-0 13.029.21.44.0066 BILSON, JUSTICE 11844 UPPER 31ST STREET N $25.00 $206.01 $231.01 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974 JASMINE AVENUE N $25.00 $114.86 $139.86 05-00000240-00-1 03.029.21.22.0002 HANSON, DARRELL 9109 60TH STREET N $25.00 $159.85 $184.85 05-00001410-01-8 02.029.21.33.0001 MINNESOTA OBGYN PLLC 5193 KEATS AVENUE N $25.00 $167.83 $192.83 05-00000370-01-0 10.029.21.12.0002 BERSCHENS, JANET PID # 10.029.21.12.0002 $25.00 $176.66 $201.66 05-00025481-00-9 34.029.21.34.0012 DPS-LAKE ELMO LLC PID 34.029.21.34.0012 $25.00 $222.59 $247.59 05-00030840-01-5 16.029.21.42.0009 FLATTUM PROPERTIES LLC PID # 16.029.21.42.0009 $33.47 $418.42 $451.89 LA515\161\1061684.v3 City Council Date:12/2/2025 Regular Agenda TO: City Council ITEM: Registered Land Survey #132 (RLS) – 3481 Laverne Ave SUBMITTED BY: Ashley Monterusso, City Planner REVIEWED BY: Jason Stopa, Community Development Director Sarah Sonsalla, City Attorney CORE STRATEGIES: ☐Vibrant, inclusive, connected community ☐Efficient, reliable, innovative services ☒Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☒Managed Growth ☐Resilient Infrastructure INTRODUCTION/BACKGROUND: The City Council is being asked to review and approve a registered land survey (RLS #132) proposed by Chama Mission LLC and John Pecchia at the property addressed as 3481 Laverne Avenue N., Lake Elmo. The request is to reconfigure the property boundaries to ensure that the former creamery building (building on west side of the site) is fully contained within its own dedicated parcel, so that this parcel may be sold by CHAMA Mission LLC to a different owner (John Pecchia). The proposed subdivision will result in the creation of two tracts. Registered Land Survey (RLS): An RLS is a means of subdividing a Torrens parcel into separate tracts of land. Minnesota Statutes Section 508.47 outlines the standards and requirements for conveying Torrens property in Minnesota. The statute notes that “[t]he County Registrar of Titles may require the owner of a registered parcel who wishes to convey any part of the Parcel to prepare a drawing known as a registered land survey.” Additionally, the statute states that an RLS must be approved by the City in the manner required for approval of subdivision plats. For this reason, the RLS is being processed as a minor subdivision instead of an administrative lot line adjustment/consolidation process. GENERAL INFORMATION Applicants: CHAMA Mission LLC and John Pecchia, 3481 Laverne Ave, Lake Elmo Location: 3481 Laverne Ave N., Lake Elmo | PIDs: 1302921320083, 1302921310003, 1302921310016 Request: The request is to reconfigure the property boundaries to ensure that the former creamery building (building on west side of the site) is fully contained within its own dedicated parcel. Existing Zoning: VMX – Village Mixed Use Future Zoning: VMX - Village Mixed Use 2 LA515\161\1061684.v3 History: The western building on the site was formerly the Lake Elmo Creamery. The east side of the site was previously used as a lumber yard. There is not a proposed change in use at this time. Deadline Application Complete – 09/09/2025 for Action: 60 Day Deadline – 11/08/2025 City Council – 11/05/2025 Extension issued – 11/05/2025 60 Day Deadline – 1/07/2026 Applicable Code Provisions: Registered Land Survey: 103.00.040 Registered Land Survey Subdivision Regulations: 103.00.070 Minor Subdivisions VMX Zoning District REQUEST DETAILS Registered Land Survey. Chama Mission LLC and John Pecchia are requesting City approval of an RLS to reconfigure the property lines at 3481 Laverne Ave. The proposed subdivision will result in the creation of two tracts. The former creamery building (3481 Laverne) is located on Tract A. This request would not create any additional building sites. Washington County is requiring a RLS instead of a lot line adjustment/consolidation process due to the property being Torrens property. REVIEW AND ANALYSIS Review of Registered Land Survey: The City may review the proposed RLS as a minor subdivision, as the proposed subdivision (RLS) is a division of land that results in no more than four parcels. The City may consider and review an RLS with one set of actions. No registered land survey of land in the City shall be recorded with the Registrar of Titles until the registered land survey has been approved by the City Council. The approval shall be indicated by resolution endorsed on or attached to the registered land survey signed by the Mayor and City Clerk. CITY AGENCY REVIEW: • Fire Memo dated 9.23.2025 Provided standard fire comments regarding addressing, alarms, and sprinkler system. • Engineering Memo dated 9.23.2025. Provided comments on utilities and access to properties. Conditions have been added regarding this memo. • Landscaping Memo dated 9.26.2025 • City Attorney: Provided an RLS opinion dated 9.26.25 with request revisions. Conditions have been added regarding this memo. Valley Branch Watershed District email (9.29.25) states that a VBWD permit must be obtained. FINDINGS: Staff is recommending that the City Council consider the following findings regarding the requests: 1. That Registered Land Survey No. 132 is consistent with the Lake Elmo 3 LA515\161\1061684.v3 Comprehensive Plan and the Future Land Use Map for this area. 2. That Registered Land Survey No. 132 is consistent with the standards of the City’s Village Mixed Use zoning district. 3. That Registered Land Survey No. 132 meets the requirements of the City’s Registered Land Survey and Minor Subdivision regulations. Review of the minor subdivision criteria: • RLS #132 will result in no more than four parcels. The property will become two parcels. • RLS #132 will not require any new rights-of-way or streets. Existing right-of-way area will be dedicated via separate easement to maintain consistent distance from trail/sidewalk. • Easements are to be dedicated where applicable. • This request will meet the City’s VMX zoning lot dimension and bulk building requirements. The buildings are already existing. • The request will comply with the City of Lake Elmo’s access spacing and location. No new driveways or access points are proposed with the request. PUBLIC COMMENT: A public hearing notice was sent to surrounding properties on September 30, 2025. A public hearing notice was published in the City’s official newspaper on October 3, 2025. The Planning Commission held the public hearing on October 15, 2025. • Staff and the Planning Commission have not received any public comment as of this date. PLANNING COMMISSION: The Planning Commission reviewed this request at its October 15th, 2025 meeting. The Commission voted to recommend approval of the request (Vote 5-0). UPDATE: After the Planning Commission meeting, the Applicants reached out to discuss the conditions of the approval of RLS # 132 further and has since been issued an extension of the 60 day deadline. Since the Planning Commission meeting, staff have consulted with the Applicants and the City Attorney and have identified new considerations. As a result, some of the conditions of approval have been revised. See below. A. Condition #5 Utilities and Access: The engineering memo addresses concerns related to utilities to the site and how they will connect to the site to the east. The drainage and utility easement is required to ensure flexibility for any future development to the east. The easement is over the parking area and shall include the existing water and sewer stubs which result in an easement that extends over the north side of the property. This item is addressed via Condition # 5 which states that a drainage and utility easement must be established along the entire north side of the building, 4 LA515\161\1061684.v3 extending from eastern property line to western property line, and must encompass all areas outside of the building’s footprint. The final location and dimensions of the easement must be approved by the City Engineer prior to recording. 5. All proposed easements shall be subject to review and approval by the City Attorney and the City Engineer prior to the release of RLS No. 132 for recording. The drainage and utility easement must be established along the entire north side of the building, extending from the eastern property line to the western property line, and must encompass all areas outside of the building’s footprint. The final location and dimensions of the easement must be approved by the City Engineer prior to recording. Because there are no utility connection plans to review at this time, the intention with this blanket easement is to ensure flexibility for any future development to the east. B. Conditions regarding timing of connection to sewer and water (Conditions #3, #6, #7) These conditions originally stated that the sewer and water connection must be made ahead of any building permits. The Applicants had concerns that the language would prevent regular maintenance and emergency repairs to the building. The conditions have been updated to include language that allow building permits for regular maintenance “such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating” ahead of sewer connection. Staff believes that these changes allow for upkeep of the building while maintaining clear requirements that the properties must connect to City sewer and water prior to any redevelopment of the properties. It is important to note that per City Code Section 5.08.080, if the property is sold or transferred, the building must be connected to sewer and water prior to that event happening. Sewer and Water Connection: The Engineering memo recommends that the Applicants connect to City sewer and water ahead of recording the RLS. Per City Code Section 5.08.080 which states that properties such as this one that is within the MUSA must connect to City sewer and water within two years of it becoming available at the site and ahead of selling property. RLS/minor subdivision approval is a planning/zoning act, not a sale, conveyance, or transfer of property ownership. The intent of including a condition for a sewer connection at the time of certain building permits is to get the sewer connection requirement on the record and to ensure compliance for future development and occupancy. However, it should be noted that the additional review of this project has highlighted a gap between policy and implementation. The Council should discuss this issue and provide direction to staff in the near future regarding the timing of sewer and water connections within the MUSA. RECOMMENDED CONDITIONS OF APPROVAL: 1. The Applicants must obtain all other necessary City, state, and other governing body permits and approvals prior to release of RLS No. 132 for recording. 5 LA515\161\1061684.v3 2. The City Attorney’s comments set forth in the RLS opinion shall be addressed prior to release of RLS No. 132 for recording. 3. The City Engineer’s comments set forth in the memo dated September 23, 2025 shall be addressed to the satisfaction of the City (as may be amended) prior to the release of any building permits with the exception of permits for regular maintenance such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating. 4. Prior to recording RLS No. 132, the Applicants must dedicate right of way by separate easement to the satisfaction of the City. 5. All proposed easements shall be subject to review and approval by the City Attorney and the City Engineer prior to the release of RLS No. 132 for recording. The drainage and utility easement must be established along the entire north side of the building, extending from the eastern property line to the western property line, and shall encompass all areas outside of the building’s footprint. The final location and dimensions of the easement shall be approved by the City Engineer prior to recording of RLS No. 132. 6. Prior to undertaking any redevelopment activities on the property located at: 3481 Laverne Avenue N., the Applicants or their successors must obtain sewer and water permits and pay associated fees prior to the issuance of any building permits with the exception of permits for regular maintenance such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating. All plans must be approved by the City. 7. Prior to undertaking any redevelopment activities on the property located at: 11320 Upper 33rd St. N., the property owner must obtain sewer and water permits and pay associated fees prior to the issuance of any building permits with the exception of permits for regular maintenance such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating. All plans must be approved by the City. 8. Any special assessments currently levied against the property subject to RLS No. 132 shall be transferred or paid in full prior to release of RLS No. 132 for recording. 9. The Applicants shall record RLS No. 132 and this Resolution within 180 days after approval of this Resolution by the City Council and provide proof of recording to the City. If both are not recorded within 180 days, approval of RLS No. 132 shall be considered void, unless a request for a time extension is submitted in writing and approved by the City Council. OTHER CONSIDERATIONS: 6 After further review and discussion among staff, legal counsel, the Applicants, and the property owners, City staff have identified additional considerations for the Council moving forward. While these issues do not inherently affect approval of the current subdivision, staff want to ensure the Council is aware of them. Sewer and Water Connection As mentioned previously, during review of this application, City staff identified a public works ordinance (City Code Section 5.08.080) which requires sewer and water connections ahead of a sale or transfer of the property. Review of this project has highlighted a gap between policy and implementation/enforcement. The Council should discuss how the City should approach this issue and provide direction to staff in the future regarding the timing of water and sewer connections. A code amendment may be necessary depending on Council direction. Note: In this case, it is anticipated that the property will be sold which will require sewer and water connections prior to the transfer. Property Use While this application is not for a change of use, the Applicants have proposed alternate language to the conditions of approval that point to Minnesota Statutes Section 462.357, subdivision 1(e) which refers to there being a legal non-conforming use on the property. While the reference is understandable, staff have chosen not to update the proposed conditions of approval with this reference because at this time, the City has not made the determination on whether there is an established legal nonconforming use. In addition, it has no effect on whether the Applicants must comply with Section 5.08.080 of the City Code or the other conditions of approval that relate to the subdivision of the property. The City has requested the Applicants provide documentation or evidence of a legal nonconforming use. However, City staff believes that Conditions of Approval 6 and 7 as written accomplish the same goals and are authorized pursuant to City Code Section 5.08.080. RECOMMENDATION: Staff recommend that the City Council’s approval of RLS No. 132 with conditions outlined in the staff report. SUGGESTED MOTION: “Move to approve of proposed Resolution 2025-080 approving RLS No. 132 for the property located at 3481 Laverne Avenue N. based on the findings of fact and the conditions presented in the staff report.” Alternate Motion: “Motion to amend Resolution 2025-080 as directed by City Council and bring back to the December 18th meeting.” LA515\161\1061684.v3 7 LA515\161\1061684.v3 ATTACHMENTS: 1.Application Materials 2.Agency Review Memos •Fire Memo dated 9.23.2025 •Engineering Memo dated 9.23.2025 •Landscaping Memo dated 9.26.2025 •City Attorney RLS Opinion dated 9.26.25 •Valley Branch Watershed District email (9.29.25) 3.Resolution 2025-080 36TH ST. N. LA Y T O N A V E . N . LA V E R N E A V E . N . UPPER 33 R D S T . N . TITLE NOTES: 0 NORTH 50 100 The following survey related exceptions appear on the Land Title, Inc., as agent for First American Title Insurance Company Title Commitment No. 651265 dated November 30, 2021. A reservation of all mineral rights and the right to explore and remove such products and a right to maintain utilities of types per Book 310 of Deeds, page 47,(now as to Terms of Easement per Document Number 1155779. Easement and right of way for telecommunications cable system per Document Number 1234818. AREAS: EXISTING TOTAL PARCEL AREA = 267,564 SQ.FT. / 6.14 ACRES. Parcels 2, 3 & 4 (COT #81073)= 191,919 SQ.FT. / 4.41 acres. Parcel 5 (COT #81074) = 35,722 SQ.FT. / 0.82 ACRES. Parcel 7 (COT #81072) = 39,923 SQ.FT. / 0.92 ACRES PID#1302921310016 CONTACT: CHAMA MISSION C/O David K. Snyder  david@johnsonturner.com  /  Direct Dial: 651-403-8972  /  F: 651-464-7348  /  www.johnsonturner.com Mail to: 56 E. Broadway Ave. #206, Forest Lake, MN  55025 JT23021 SURVJT21 EXISTING CONDITIONS COUNTY/CITY: REVISIONS: PROJECT LOCATION: LAND SURVEYING, INC. CORNERSTONE Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net DATE REVISION PROJECT NO. FILE NAME 3481 LAVERNE AVE. N. CITY OF LAKE ELMO WASHINGTON COUNTY 2-13-23 PRELIMINARY ISSUE CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daniel L. Thurmes Registration Number: 25718 Date:__________________3-3-22 LAKE ELMOCREAMERY 1.BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD 1983. BEARING ARE DIFFERENT THAN SHOWN ON THE LEGAL DESCRIPTIONS. ALL INTERIOR ANGLES MATCH THE CERTIFICATE OF TITLE ANGLES . 2.UNDERGROUND UTILITIES SHOWN PER EXISTING SURVEY INFORMATION AND AS-BUILTS PLANS PROVIDED BY THE CITY OF LAKE ELMO PUBLIC WORKS DEPARTMENT. 3.THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 4.ALL IMPROVEMENTS SHOWN PER DIGITAL DATA PROVIDED BY ANDERSON ENGINEERING OF MINNESOTA, LLC AS PROVDED BY THE OWNER. NOT FIELD VERIFIED. LEGEND: UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] CONCRETE SURFACE BITUMINOUS SURFACE SET 1/2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN FLARED END SECTION STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING TRAFFIC SIGNAL CONIFEROUS TREE DECIDUOUS TREE FOUND MONUMENT MARKED RLS 43501 FOUND 3.5" JUDICIAL LANDMARK MARKED RLS 13775 FOUND WASHINGTON COUNTY MONUMENT MARKED RLS 26004 PID#1302921320083 PID#130292131003 PID#1302921310017 11320 UPPER 33RD ST. N. PID#1302921240020 PID#1302921240024 PID#1302921240021PID#1302921240022 PID#1302921240019 EXISTING LEGAL DESCRIPTION: UNDERGROUND UTILITIES NOTES: THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. CALL BEFORE YOU DIG! TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002 Gopher State One Call SURVEY NOTES: The legal description is as shown on the Land Title, Inc., as agent for First American Title Insurance Company Title Commitment No. 651265 dated November 30, 2021. TRACT A: CERTIFICATE OF TITLE #81073 Parcels 2, 3 and 4: All that part of the West half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota and all that part of Lots 13 through 22, Block 1, ELMO PARK and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8 according to the plats thereof; on file and of record in the office of the County Recorder, Washington County, Minnesota, described as follows: Commencing at the North Quarter Section corner of said Section 13; thence South 88 degrees 32 minutes 13 seconds West, (bearings are based on the Washington County Project Coordinate System, South Zone), along the North line of said Section 13, a distance of 726.05 feet to its intersection with the West line of the East 726.00 feet of said West Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, along said West line of the East 726.00 feet of the West Half of Section 13, a distance of 2633.85 feet to Judicial Landmark No. 7 and to its intersection with a Northeasterly extension of the Southerly line of Block 1, of said ELMO PARK, and to the point of beginning of this description; thence South 71 degrees 44 minutes 52 seconds West, along said Northeasterly extension of the Southerly line of Block 1 ELMO PARK and along the Southerly line of Block 1, ELMO PARK, a distance of 478.71 feet to Judicial Landmark No. 8 and to a point which is 21.25 feet Northeasterly from the Southwesterly corner of said Lot 13, Block 1, ELMO PARK, and as measured along the Southerly line of said Lot 13, Block 1, ELMO PARK; thence North 18 degrees 15 minutes 08 seconds West, perpendicular to said Southerly line of Lot 13, Block 1, ELMO PARK, a distance of 157.29 feet to Judicial Landmark No. 16 and to its intersection with a line that bears North 89 degrees 47 minutes 31 seconds East from the Northeast corner of Lot 21, Block 4, CLOVERDALE, according to the plat thereof, on file and of record in the office of the County Recorder, Washington County, Minnesota; thence North 89 degrees 47 minutes 31 seconds East, a distance of 11.09 feet to Judicial Landmark No. 1; thence North 71 degrees 45 minutes 35 seconds East, a distance of 188.02 feet to Judicial Landmark No. 2; thence North 00 degrees 52 minutes 30 seconds West, parallel with the East line of said Block 4,CLOVERDALE, distance of 346.30 feet to Judicial Landmark No. 3 and to its intersection with an Easterly extension of the South line of 36TH Street North, formerly known as Busch Avenue, as described and dedicated in the plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO on file and of record in the office of the County Recorder, Washington County, Minnesota; thence South 89 degrees 07 minutes 28 seconds West, along said Easterly extension of said South line of 36TH Street North, a distance of 40.00 feet to Judicial Landmark No. 4 and to its intersection with the East line of Layton Avenue North, formerly known as Chicago Avenue, as described and dedicated in said BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO; thence North 00 degrees, 43 minutes 04 seconds West, along said East line of Layton Avenue North, a distance of 59.97 feet to Judicial Landmark No. 5 and to its intersection with an Easterly extension of the North line of said 36TH Street North; thence North 89 degrees 02 minutes 11 seconds East, along said Easterly extension of the North line of 36TH Street North, a distance of 353.76 feet, more or less, to Judicial Landmark No. 6 and to its intersection with said West line of the East 726.00 feet of the West Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, along said West line of he East 726.00 feet of the West Half of Section 13, a distance of 469.94 feet to Judicial Landmark No. 7 and to the point of beginning. The boundaries of Parcels 2, 3 and 4 have been marked by Judicial Landmarks set pursuant to Order in Torrens, Case No. C3-88-5612. Together with easement for storage purposes reserved in Document Number 1155779. (Torrens Property) TRACT B: CERTIFICATE OF TITLE #81074 Parcel 5 – All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8, according to the plat thereof, on file and of record in the Office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at Judicial Landmark No. 5 which is a point on the easterly line of Layton Avenue North as described and dedicated in the plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO, on file and of record in the Office of the County Recorder, Washington County, Minnesota, with its intersection with an easterly extension of the north line of 36th Street North, formerly known as Busch Avenue, as described and dedicated in said plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO; thence North 00 degrees 43 minutes 04 seconds West, along said east line of Layton Avenue North, a distance of 101.00 feet to Judicial Landmark No. 14; thence North 89 degrees 02 minutes 11 seconds East, parallel with said north line of 36th Street North, a distance of 353.61 feet to Judicial Landmark No. 15 and to its intersection with the west line of the east 726.00 feet of said West Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, along said west line of the east 726.00 of the West Half of Section 13, a distance of 101.00 feet to Judicial Landmark No. 6 and to its intersection with an easterly extension of said north line of 36th Street North, and said point of intersection bears North 89 degrees 02 minutes 11 seconds East from the point of beginning; thence South 89 degrees 02 minutes 11 seconds West, along said easterly extension of the north line of 36th Street North, a distance of 353.76 feet to Judicial Landmark No. 5 and to the point of beginning. Parcel 7: CERTIFICATE OF TITLE #81072 All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, and all that part of Lots 8 through 13, Block 1, ELMO PARK and all that part of Lots 21 through 25, Block 4, CLOVERDALE and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8, according to the plats thereof, on file and of record in the office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at Judicial Landmark No. 8 which is on the southerly line of said Block 1, ELMO PARK, and which is 21.25 feet northeasterly from the southwesterly corner of said Lot 13, Block 1, ELMO PARK, and as measured along said southerly line of said Lot 13, Block 1, ELMO PARK; thence South 71 degrees 44 minutes 52 seconds West, along said southerly line of said Block 1, ELMO PARK, a distance of 228.65 feet to Judicial Landmark No. 9 and its intersection with the west line of the east 7.40 feet of Lot 8, of said Block 1, ELMO PARK; thence North 18 degrees 15 minutes 08 seconds West, perpendicular to last described line, along said west line of the east 7.40 feet of said Lot 8, Block 1, ELMO PARK, a distance of 100.00 feet to Judicial Landmark No. 10 and to its intersection with the northerly line of said Block 1, ELMO PARK; thence north 71 degrees 44 minutes 52 seconds East, along said northerly line of Block 1, ELMO PARK, a distance of 1.70 feet to Judicial Landmark No. 11 and to its intersection with a southerly extension of the west line of Block 4, of said CLOVERDALE; thence North 00 degrees 53 minutes 36 seconds West, along said southerly extension of the west line of Block 4, CLOVERDALE, and along the west line of Block 4, CLOVERDALE, a distance of 93.26 feet to Judicial Landmark No. 12 and to the middle of Lot 22, said Block 4, CLOVERDALE; thence North 75 degrees 01 minutes 44 seconds East, a distance of 123.67 feet to Judicial Landmark No. 13 and to the northeast corner of said Lot 21, Block 4 CLOVERDALE; THENCE North 89 degrees 47 minutes 31 seconds East, a distance of 79.57 feet to Judicial Landmark No. 16 and to its intersection with a line that is perpendicular to said southerly line of Block 1, ELMO PARK, and which bears North 18 degrees 15 minutes 08 seconds West from the point of beginning; thence South 18 degrees 15 minutes 08 seconds East, along said perpendicular line, a distance of 157.29 feet to Judicial Landmark No. 8 and to the point of beginning. The boundaries of Parcel 5 and Parcel 7 have been marked by Judicial Landmarks set pursuant to Order in Torrens Case No. C5-88-5613. (Torrens Property) 1-15-23 PRELIMINARY ISSUE 3-1-24 ISSUED 3-1-24 RESTRICTED AREA 4-2-25 EXISTING CONDITIONS SURVEY DENOTES DISTANCE AS SHOWN ON THE CERTIFICATE OF TITLE DENOTES BEARING AS SHOWN ON THE CERTIFICATE OF TITLE DENOTES BEARING PER WASHINGTON COUNTY COORDINATES. 8-5-25 ADD WELL/SEPTIC NO R T H (NOT TO SCALE) SEC. 13, TWP. 29, RNG. 21,LAKE ELMO, WASHINGTON COUNTY,MINNESOTA VICINITY MAP SITE SCALE IN FEETNORTH SCALE: 1 INCH = 30 FEET 0 30 60 DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718. DENOTES FOUND WASHINGTON COUNTY CAST IRON MONUMENT 13 THE ORIENTATION OF THIS BEARING SYSTEM IS BASEDUPON THE NORTH LINE OF THE NW 1/4 OF SEC. 13,T29, R21, WHICH IS ASSUMED TO HAVE THEBEARING OF S89°21'23"E. DENOTES BEARING OR DISTANCE AS SHOWN ON CERTIFICATE OF TITLE NO. 81072 LAND SURVEYING, INC. CORNERSTONE REGISTERED LAND SURVEY NO. 132 I, Daniel L. Thurmes, Licensed Land Surveyor, do hereby certify that, in accordance with the provisions of Minnesota Statutes, Section 508.47, I have surveyed and divided the following described property situated in the County of Washington, State of Minnesota to wit: Certificate of Title No. 81072 PARCEL 7: All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, and all that part of Lots 8 through 13, Block 1, ELMO PARK and all that part of Lots 21 through 25, Block 4, CLOVERDALE and all that part of Lot 40, COUNTY AUDITOR'S PLAT NO. 8, according to the plats thereof, on file and of record in the office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at Judicial Landmark No. 8 which is on the southerly line of said Block 1, ELMO PARK, and which is 21.25 feet northeasterly from the southwesterly corner of said Lot 13, Block 1, ELMO PARK, and as measured along said southerly line of said Lot 13, Block 1, ELMO PARK: thence South 71 degrees 44 minutes 52 seconds West, along said southerly line of said Block 1 ELMO PARK, a distance of 228.65 feet to Judicial Landmark No. 9 and its intersection with the west line of the east 7.40 feet of Lot 8, of said Block 1, ELMO PARK; thence North 18 degrees 15 minutes 08 seconds West, perpendicular to last described line, along said west line of the east 7.40 feet of said Lot 8, Block 1, ELMO PARK, a distance of 100.00 feet to Judicial Landmark No. 10 and to its intersection with the northerly line of said Block 1, ELMO PARK: thence north 71 degrees 44 minutes 52 seconds East, along said northerly line of Block 1, ELMO PARK, a distance of 1. 70 feet to Judicial Landmark No. 11 and to its intersection with a southerly extension of the west line of Block 4, of said CLOVERDALE; thence North 00 degrees 53 minutes 36 seconds West, along said southerly extension of the west line of Block 4, CLOVERDALE, and along the west line of Block 4, CLOVERDALE, a distance of 93.26 feet to Judicial Landmark No. 12 and to the middle of Lot 22, said Block 4 CLOVERDALE; thence North 75 degrees 01 minutes 44 seconds East, a distance of 123.67 feet to Judicial Landmark No. 13 and to the northeast corner of said Lot 21 Block 4 CLOVERDALE; thence North 89 degrees 47 minutes 31 seconds East, a distance of 79.57 feet to Judicial Landmark No. 16 and to its intersection with a line that is perpendicular to said southerly line of Block 1, ELMO PARK, and which bears North 18 degrees 15 minutes 08 seconds West from the point of beginning; thence South 18 degrees 15 minutes 08 seconds East, along said perpendicular line, a distance of 157.29 feet to Judicial Landmark No. 8 and to the point of beginning. The boundaries of Parcel 7 have been marked by Judicial Landmarks set pursuant to Order in Torrens Case No. C5-88-5613. I hereby certify that this Registered Land Survey was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota and that this Registered Land Survey is a correct representation of said parcel of land. Dated this __________________ day of __________________________, 202_____. ________________________________________ Daniel L. Thurmes, Licensed Land Surveyor Minnesota License No. 25718 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was acknowledged before me on this ________________ day of _________________________________________, 202___, by Daniel L. Thurmes, Licensed Land Surveyor. ___________________________________________ (signature) ___________________________________________________ (print) Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2030 CITY OF LAKE ELMO I do hereby certify that on this _________ day of _______________________________, 202___, the City Clerk of the City of Lake Elmo, Washington County, Minnesota, has approved this Registered Land Survey. By:__________________________________________ Clerk WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, and Minnesota Statutes, Section 389.09, Subd. 1, this Registered Land Survey has been approved this __________________ day of ____________________________________, 202___. By: ______________________________________________ By___________________________________________ Washington County Surveyor WASHINGTON COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 508.47, Subd. 4, taxes payable for the year 202___, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered, on this ___________ day of _____________________________ 202___. By ________________________________ By ________________________________________ Washington County Auditor/Treasurer Deputy WASHINGTON COUNTY REGISTRAR OF TITLES Document Number _________________________________ I hereby certify that this instrument was filed in the Office of the Registrar of Titles for record on this ____________ day of __________________________, 202___, at __________________ o'clock ____. M., and was duly recorded in Washington County Records. By_____________________________________ By ___________________________________________ Washington County Registrar of Titles Deputy N 1 7 ° 0 8 ' 5 6 " W 1 7 6 . 7 3 168.02 62.78 16 . 7 9 60.63 FOUND MONUMENT MARKED RLS 43501 FOUND 3.5 INCH JUDICIAL LANDMARK MARKED RLS 13775 FOUND WASHINGTON COUNTY MONUMENT MARKED RLS 26004 TRACT A TRACT B 36TH ST. N. LA Y T O N A V E . N . LA V E R N E A V E . N . UPPER 33 R D S T . N . E D G E O F B R I C K B U I L D I N G PROPOS E D E A S E M E N T N 1 7 ° 0 8 ' 5 6 " W 1 7 6 . 7 3 168.02 62.7816.79 60.63 E X I S T I N G P A R C E L L I N E PER DOC . N O . _ _ _ _ _ _ _ _ _ _ UNDERGROUND UTILITIES NOTES: THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. CALL BEFORE YOU DIG! TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002 Gopher State One Call SURVEY NOTES:TITLE NOTES: 0 NORTH 50 100 The following survey related exceptions appear on the Land Title, Inc., as agent for First American Title Insurance Company Title Commitment No. 651265 dated November 30, 2021. A reservation of all mineral rights and the right to explore and remove such products and a right to maintain utilities of types per Book 310 of Deeds, page 47,(now as to Terms of Easement per Document Number 1155779. Easement and right of way for telecommunications cable system per Document Number 1234818. PROPOSED AREAS: PARCEL A (TRACT A) = 29,871 SQ.FT. PARCEL B (REMAINDER) = 237,693 SQ.FT. EASEMENT AREA = 4,623 SQ.FT. PID#1302921310016 CONTACT: CHAMA MISSION C/O David K. Snyder  david@johnsonturner.com  /  Direct Dial: 651-403-8972  /  F: 651-464-7348  /  www.johnsonturner.com Mail to: 56 E. Broadway Ave. #206, Forest Lake, MN  55025 JT23021 SURVJT21 PROPOSED CONDITIONS COUNTY/CITY: REVISIONS: PROJECT LOCATION: LAND SURVEYING, INC. CORNERSTONE Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net DATE REVISION PROJECT NO. FILE NAME 3481 LAVERNE AVE. N. CITY OF LAKE ELMO WASHINGTON COUNTY 2-13-23 PRELIMINARY ISSUE CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daniel L. Thurmes Registration Number: 25718 Date:__________________ LAKE ELMOCREAMERY 1.BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD 1983. BEARING ARE DIFFERENT THAN SHOWN ON THE LEGAL DESCRIPTIONS. ALL INTERIOR ANGLES MATCH THE RECORDED PLAT ANGLES . 2.UNDERGROUND UTILITIES SHOWN PER EXISTING SURVEY INFORMATION AND AS-BUILTS PLANS PROVIDED BY THE CITY OF LAKE ELMO PUBLIC WORKS DEPARTMENT. 3.THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 4.ALL IMPROVEMENTS SHOWN PER DIGITAL DATA PROVIDED BY ANDERSON ENGINEERING OF MINNESOTA, LLC AS PROVDED BY THE OWNER. NOT FIELD VERIFIED. LEGEND: UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] CONCRETE SURFACE BITUMINOUS SURFACE SET 1/2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN FLARED END SECTION STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING TRAFFIC SIGNAL CONIFEROUS TREE DECIDUOUS TREE FOUND MONUMENT MARKED RLS 43501 FOUND 3.5" JUDICIAL LANDMARK MARKED RLS 13775 FOUND WASHINGTON COUNTY MONUMENT MARKED RLS 26004 PID#1302921320083 PID#130292131003 PID#1302921310017 11320 UPPER 33RD ST. N. PID#1302921240020 PID#1302921240024 PID#1302921240021PID#1302921240022 PID#1302921240019 PROPOSED LEGAL DESCRIPTION: An easement for Ingress, Egress, Driveway, Drainage and Utility purposes 33.00 feet in width over, under and across that part of the following described property: Tract A, REGISTERED LAND SURVEY NO. ______, Washington County, Minnesota. The northerly line of said easement is described as COMMENCING at the northwesterly corner of said Tract A; thence South 00 degrees 05 minutes 34 seconds East along the westerly line of said Tract A a distance of 28.20 feet to the POINT OF BEGINNING of the line to be described; thence North 89 degrees 55 minutes 22 seconds East a distance of 32.01 feet; thence North 74 degrees 08 minutes 07 seconds East a distance of 117.20 feet to the easterly line of said Tract A and said line there terminating. PROPOSED EASEMENT 1-15-23 PRELIMINARY ISSUE 3-1-24 ISSUED 3-1-24 RESTRICTED AREA 3-3-22 THE FOLLOWING PROPOSED LEGAL DESCRIPTIONS ARE BASED ON THE REGISTERED LAND SURVEY NO. _____ BEING RECORDED. TRACT A: CERTIFICATE OF TITLE #81073 Parcels 2, 3 and 4: All that part of the West half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota and all that part of Lots 13 through 22, Block 1, ELMO PARK and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8 according to the plats thereof; on file and of record in the office of the County Recorder, Washington County, Minnesota, described as follows: Commencing at the North Quarter Section corner of said Section 13; thence South 88 degrees 32 minutes 13 seconds West, (bearings are based on the Washington County Project Coordinate System, South Zone), along the North line of said Section 13, a distance of 726.05 feet to its intersection with the West line of the East 726.00 feet of said West Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, along said West line of the East 726.00 feet of the West Half of Section 13, a distance of 2633.85 feet to Judicial Landmark No. 7 and to its intersection with a Northeasterly extension of the Southerly line of Block 1, of said ELMO PARK, and to the point of beginning of this description; thence South 71 degrees 44 minutes 52 seconds West, along said Northeasterly extension of the Southerly line of Block 1 ELMO PARK and along the Southerly line of Block 1, ELMO PARK, a distance of 478.71 feet to Judicial Landmark No. 8 and to a point which is 21.25 feet Northeasterly from the Southwesterly corner of said Lot 13, Block 1, ELMO PARK, and as measured along the Southerly line of said Lot 13, Block 1, ELMO PARK; thence North 18 degrees 15 minutes 08 seconds West, perpendicular to said Southerly line of Lot 13, Block 1, ELMO PARK, a distance of 157.29 feet to Judicial Landmark No. 16 and to its intersection with a line that bears North 89 degrees 47 minutes 31 seconds East from the Northeast corner of Lot 21, Block 4, CLOVERDALE, according to the plat thereof, on file and of record in the office of the County Recorder, Washington County, Minnesota; thence North 89 degrees 47 minutes 31 seconds East, a distance of 11.09 feet to Judicial Landmark No. 1; thence North 71 degrees 45 minutes 35 seconds East, a distance of 188.02 feet to Judicial Landmark No. 2; thence North 00 degrees 52 minutes 30 seconds West, parallel with the East line of said Block 4,CLOVERDALE, distance of 346.30 feet to Judicial Landmark No. 3 and to its intersection with an Easterly extension of the South line of 36TH Street North, formerly known as Busch Avenue, as described and dedicated in the plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO on file and of record in the office of the County Recorder, Washington County, Minnesota; thence South 89 degrees 07 minutes 28 seconds West, along said Easterly extension of said South line of 36TH Street North, a distance of 40.00 feet to Judicial Landmark No. 4 and to its intersection with the East line of Layton Avenue North, formerly known as Chicago Avenue, as described and dedicated in said BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO; thence North 00 degrees, 43 minutes 04 seconds West, along said East line of Layton Avenue North, a distance of 59.97 feet to Judicial Landmark No. 5 and to its intersection with an Easterly extension of the North line of said 36TH Street North; thence North 89 degrees 02 minutes 11 seconds East, along said Easterly extension of the North line of 36TH Street North, a distance of 353.76 feet, more or less, to Judicial Landmark No. 6 and to its intersection with said West line of the East 726.00 feet of the West Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, along said West line of he East 726.00 feet of the West Half of Section 13, a distance of 469.94 feet to Judicial Landmark No. 7 and to the point of beginning. The boundaries of Parcels 2, 3 and 4 have been marked by Judicial Landmarks set pursuant to Order in Torrens, Case No. C3-88-5612. Together with easement for storage purposes reserved in Document Number 1155779. (Torrens Property) AND TRACT B: CERTIFICATE OF TITLE #81074 Parcel 5 – All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8, according to the plat thereof, on file and of record in the Office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at Judicial Landmark No. 5 which is a point on the easterly line of Layton Avenue North as described and dedicated in the plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO, on file and of record in the Office of the County Recorder, Washington County, Minnesota, with its intersection with an easterly extension of the north line of 36th Street North, formerly known as Busch Avenue, as described and dedicated in said plat of BUSCH’S FIRST ADDITION TO CLOVERDALE ELMO; thence North 00 degrees 43 minutes 04 seconds West, along said east line of Layton Avenue North, a distance of 101.00 feet to Judicial Landmark No. 14; thence North 89 degrees 02 minutes 11 seconds East, parallel with said north line of 36th Street North, a distance of 353.61 feet to Judicial Landmark No. 15 and to its intersection with the west line of the east 726.00 feet of said West Half of Section 13; thence South 00 degrees 48 minutes 00 seconds East, along said west line of the east 726.00 of the West Half of Section 13, a distance of 101.00 feet to Judicial Landmark No. 6 and to its intersection with an easterly extension of said north line of 36th Street North, and said point of intersection bears North 89 degrees 02 minutes 11 seconds East from the point of beginning; thence South 89 degrees 02 minutes 11 seconds West, along said easterly extension of the north line of 36th Street North, a distance of 353.76 feet to Judicial Landmark No. 5 and to the point of beginning. AND Tract B, REGISTERED LAND SURVEY NO. ______ Tract A, REGISTERED LAND SURVEY NO. ______ 4-2-25 REMAINDER SURVEY DENOTES DISTANCE AS SHOWN ON THE CERTIFICATE OF TITLE DENOTES BEARING AS SHOWN ON THE CERTIFICATE OF TITLE DENOTES BEARING PER WASHINGTON COUNTY COORDINATES. TRACT A TRA C T B PROPOSED REGISTERED LAND SURVEY NEW PARCEL LINE PA R C E L B PA R C E L A 8-5-25 PROPOSED CONDITIONS LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL Fire Prevention, Code Enforcement, and Public Education September 23, 2025 Sophia Jensen, Planner City of Lake Elmo Re: Minor Subdivision - Creamery Prepared by: Anthony Svoboda, Fire Marshal Approved by: Dustin Kalis, Fire Chief Applicable Codes: • 2020 Minnesota State Fire Code • 2020 Minnesota State Building Code • Lake Elmo Fire Department Fire Code Policies • NFPA 13, 2016 edition • NFPA 13D, 2016 edition Fire Department Comments: 1) Street names and addressing shall be consistent with the Washington County Uniform Street Naming and Property Numbering System. 2) Building address numbers shall be plainly visible from the street fronting the property and shall be contrasting color from the background. Size and placement of address numbers shall be approved by the fire and planning departments. 3) A fire sprinkler system shall be installed in commercial buildings when a change in use occurs in accordance with the Minnesota State Fire Code and Chapter 1306 of the Minnesota State Building Code. A permit is required prior to work. a. Fire Department sprinkler connection locations shall be approved prior to installation. 4) A fire alarm system shall be installed in commercial buildings in accordance with the Minnesota State Fire Code (907.2.3) and Lake Elmo Ordinances. A permit is required prior to work. 5) A KNOX rapid access lockbox shall be installed in an approved location, on all commercial buildings. a. Multiple KNOX rapid access lockboxes may be required as determined by the fire department. 6) KNOX locking Fire Department Connection Caps shall be installed on all fire department connections. Questions, clarifications, or the request to provide code documents can be made using the contact information listed below. Respectfully, L a v e r n e A v e N U p p e r 3 3 r d S t N L a v e r n e A v e N L a k e E l m o F i r e D e p a r t m e n t C a n d N W R a i l r o a d U p p e r 3 3 r d S t N U p p e r 3 3 r d S t N C a n d N W R a i l r o a d U p p e r 3 3 r d S t N U p p e r 3 3 r d S t N 3520 11320 11320 3585 3407 3413 3415 3481 3411 3510 11178 11200 11320 WH317 WH318 WH316 WH319 WM44 WV453 WV459 WV200418 SI1212 SI1211 SI1207 SI1210 SI1209 SI1213 130047 130049 SMH242 SMH240 130048 SMH239 S-13-02 SMH241 WWMH198 WWMH206 WWMH205 WWMH208 WWMH207 Lake Elmo GIS Maxar, Microsoft, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community Sewer Manhole Sewer Pipe Storm Manhole Storm Inlet Storm Pipe Storm Catchment Water Valve Water Meter Water Hydrant Water Curb Stop Water Pipe Water Lateral City Limits Parcels 9/23/2025, 11:37:58 AM 0 80 16040 ft 0 25 5012.5 m 1:971 Memorandum 800 Washington Avenue North, Suite 207 Minneapolis, MN 55401 September 26, 2025 TO : ASHLEY MONTERUSSO FROM: PATRICK O’KEEFFE, PLA RE: PECCHIA MINOR SUBDIVISION/REGISTERD LAND SURVEY – SUBDIVISION PARCEL REVIEW SUBMITTALS 1. Subdivision Parcel Review, dated July 7, 2025, received September 09, 2025. REVIEW HISTORY 1. Subdivision Parce l Review September 26, 2025 LOCATION: 3481 Laverne Ave N, Lake Elmo, MN 55042 CURRENT LAND USE CATEGORY: Commercial ADJACENT AND SURROUNDING LAND USE: Commercial SPECIAL LANDSCAPE PROVISIONS: ex. Shoreland overlay district GENERAL NOTES: • Nothing landscape related is needed at this time but will need to be addressed with any change of use/building permits. RECOMMENDATION: Once the landscape plans have been developed, they must be submitted for review and approval. Patrick O’Keeffe, PLA (MN, CO) City of Lake Elmo Municipal Landscape Architect P: (651) 324-5277 E: patrick@hkgi.com 150 South Fifth Street Suite 700 Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer LA515\161\1051418.v2 SAMANTHA C. ZUEHLKE Attorney at Law Direct Dial (612) 337-9205 Email: szuehlke@kennedy-graven.com September 26, 2025 VIA E-MAIL ONLY Ms. Ashley Monterusso City Planner City of Lake Elmo 3880 Laverne Avenue N Lake Elmo, MN 55042 RE: City of Lake Elmo - Opinion for Minor Subdivision - REGISTERED LAND SURVEY NO. 132 Dear Sophia: At the City’s request, I have reviewed the title commitment issued by Stewart Title Guaranty Company, their File No. MN72016, with an effective date of June 16, 2025 (the “Commitment”). I have reviewed Certificate of Title No. 81072 (the “Certificate”). I have also reviewed a registered land survey prepared by Cornerstone Land Surveying, Inc., which is titled REGISTERED LAND SURVEY NO. 132 (the “RLS”). This minor subdivision letter is in response to an application made to the City of Lake Elmo dated July 16, 2025. The Commitment purports to cover the following legal description: Parcel 7: All that part of the West Half of Section 13, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, and all that part of Lots 8 through 13, Block 1, ELMO PARK and all that part of Lots 21 through 25, Block 4, CLOVERDALE and all that part of Lot 40, COUNTY AUDITOR’S PLAT NO. 8, according to the plats thereof, on file and of record in the office of the County Recorder, Washington County, Minnesota, described as follows: Beginning at Judicial Landmark No. 8 which is on the southerly line of said Block 1, ELMO PARK, and which is 21.25 feet northeasterly from the southwesterly corner of said Lot 13, Block 1, ELMO PARK, and as measured along said southerly line of said Lot 13, Block 1, ELMO PARK; thence South 71 degrees 44 minutes 52 seconds West, along said southerly line of said Block 1 ELMO PARK, a distance of 228.65 feet to Judicial Landmark Ms. Ashley Monterusso September 26, 2025 Page 2 LA515\161\1051418.v2 No. 9 and its intersection with the west line of the east 7.40 feet of Lot 8, of said Block 1, ELMO PARK; thence North 18 degrees 15 minutes 08 seconds West, perpendicular to last described line, along said west line of the east 7.40 feet of said Lot 8, Block 1, ELMO PARK, a distance of 100.00 feet to Judicial Landmark No. 10 and to its intersection with the northerly line of said Block 1, ELMO PARK; thence north 71 degrees 44 minutes 52 seconds East, along said northerly line of Block 1, ELMO PARK, a distance of 1.70 feet to Judicial Landmark No. 11 and to its intersection with a southerly extension of the west line of Block 4, of said CLOVERDALE; thence North 00 degrees 53 minutes 36 seconds West, along said southerly extension of the west line of Block 4, CLOVERDALE, and along the west line of Block 4, CLOVERDALE, a distance of 93.26 feet to Judicial Landmark No. 12 and to the middle of Lot 22, said Block 4 CLOVERDALE; thence North 75 degrees 01 minutes 44 seconds East, a distance of 123.67 feet to Judicial Landmark No. 13 and to the northeast corner of said Lot 21 Block 4 CLOVERDALE; thence North 89 degrees 47 minutes 31 seconds East, a distance of 79.57 feet to Judicial Landmark No. 16 and to its intersection with a line that is perpendicular to said southerly line of Block 1, ELMO PARK, and which bears North 18 degrees 15 minutes 08 seconds West from the point of beginning; thence South 18 degrees 15 minutes 08 seconds East, along said perpendicular line, a distance of 157.29 feet to Judicial Landmark No. 8 and to the point of beginning. The boundaries of Parcel 7 have been marked by Judicial Landmarks set pursuant to Order in Torrens Case No. C5-88-5613. Torrens Property: Certificate of Title No. 81072. (the “Property”). Based on my review of the Commitment, the Certificate, and the RLS, I have the following comments regarding the minor subdivision application: 1. Ownership Interests. According to the Commitment and the Certificate, the owner of the Property is Chama Mission, LLC, a Minnesota limited liability company. a. The fee owner of the Property does not need to sign the RLS. A Brian Zeller signed both the minor subdivision application and the affirmation of sufficient interest. From reviewing the Minnesota Secretary of State records, Brian Zeller’s affiliation with Chama Mission, LLC is unclear. The fee owner should provide documentation that Brian Zeller is affiliated with the fee owner of the Property and may sign on its behalf. b. According to the Commitment and the Certificate, Royal Credit Union has a mortgagee interest in the Property. The mortgage will likely need to be amended or partially released to reflect the legal description of the Property after the subdivision Ms. Ashley Monterusso September 26, 2025 Page 3 LA515\161\1051418.v2 and the sale of a portion of the Property to the Applicant. No further action is required. 2. Application for Subdivision. a. The surveys depict the Property before and after the subdivision. The application conforms with City Code Sec. 103.00.070(b), allowing for minor subdivisions resulting in four or fewer parcels. The surveys prepared by Cornerstone Land Surveying identify the intent to adjust the lot lines of three parcels, resulting in two parcels. The resulting parcels will have access to Upper 33rd Street North. There is an existing building that will extend across the property line created by the RLS. The fee owner of the Property will need to enter into either a party wall or an encroachment agreement to address their rights and responsibilities with respect to the wall. PID Nos. 13.029.21.31.0016, 13.029.21.31.0003, and are each zoned C - Commercial 13.029.21.32.0083. Both Tract A and Tract B resulting from the RLS must comply with the lot dimension and setback requirements for the C – Commercial District located in City Code Sec. 105.12.930, Table 12-2. As described above, the fee owner should provide documentation that Brian Zeller is affiliated with the fee owner of the Property and may sign the subdivision application materials on its behalf. The Applicant and the Owner have not yet signed the deposit agreement. 3. Commitment Exceptions. The Commitment is subject to the following exceptions: a. A Mortgage in favor of Royal Credit Union, filed April 18, 2022, as Document No. 1280979; and Assignment of Rents and Leases in favor of Royal Credit Union, filed April 18, 2022, as Document No. 1280980. The mortgage will likely need to be amended or partially released to reflect the legal description of the Property after the subdivision and the sale of a portion of the Property to the Applicant, as described above in Paragraph 1.b. No further action is required. The Certificate additionally discloses a temporary construction easement in favor of Washington County, filed July 20, 2015 as Document No. 1235230. The easement has expired by its terms. No further action is required. 4. Registered Land Survey. I require review of the following revisions. Ms. Ashley Monterusso September 26, 2025 Page 4 LA515\161\1051418.v2 a. The legal description on the RLS must match the Commitment and the Certificate exactly. “Block 1 ELMO PARK, a distance of 228.65” must be revised to “Block 1, ELMO PARK, a distance of 228.65” and “1. 70 feet to Judicial Landmark No. 11” must be revised to “1.70 feet to Judicial Landmark No. 11”. b. The City governing body approval certificate must be revised to: We do hereby certify that on the ___ day of ________________, 20__, the City Council of the City of Lake Elmo, Minnesota, has approved this Registered Land Survey. c. The RLS must be signed by both the City Clerk and the Mayor, pursuant to City Code 103.00.040. d. The County surveyor certificate must be revised as follows: Pursuant to Minnesota Statutes, Section 389.09, Subd. 1, this Registered Land Survey is approved this ____ day of _____________, 20__. ______________________________ (insert County Surveyor’s name here) Washington County Surveyor 5. Taxes and Special Assessments. All real estate taxes due in the year the RLS is to be recorded (including delinquent taxes and any deferred Green Acres taxes) must be paid prior to recording the RLS. All special assessments must be paid prior to recording the RLS. Any special assessments against any part of the Property can be reapportioned among the new lots as provided in Minnesota Statutes Section 429.071(3). PID No. 13.029.21.31.0016 (Commercial/Industrial) 2025 base taxes: $5,924.00 2025 taxes in the amount of $5,924.00 are half paid. There are no levied or pending special assessments. PID No. 13.029.21.31.0003 (Commercial/Industrial) 2025 base taxes: $332.00 2025 taxes in the amount of $332.00 are half paid. There are no levied or pending special assessments. PID No. 13.029.21.32.0083 (Commercial/Industrial) 2025 base taxes: $566.00 2025 taxes in the amount of $566.00 are half paid. There are no levied or pending special assessments. Ms. Ashley Monterusso September 26, 2025 Page 5 LA515\161\1051418.v2 This letter does not purport to set forth every matter relevant to a determination of whether title to the Property is marketable, and no one should rely upon it for that purpose. The sole purpose of this letter is to identify required signatories to the RLS and related issues of interest to the City in connection with the subdivision, as evidenced by the Commitment. Please contact me if you have any questions regarding this information. Thank you. Sincerely, Samantha C. Zuehlke Samantha C. Zuehlke LA515\161\1061713.v3 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2025 - 080 A RESOLUTION APPROVING REGISTERED LAND SURVEY NO. 132 FOR THE PROPERTY LOCATED AT 3481 LAVERNE AVENUE WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, John Pecchia and Chama Mission LLC (the “Applicants”) submitted an application to the City for a Registered Land Survey (“RLS No. 132”) to reconfigure the property with the address of 3481 Laverne Avenue into two separate parcels as shown on RLS No. 132, a copy of which is on file in the City of Lake Elmo Planning Department; and WHEREAS, the Lake Elmo Planning Department has reviewed the proposed RLS No. 132 for consistency with the City’s zoning and subdivision regulations; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on October 15th, 2025, to review and consider RLS No. 132; and WHEREAS, the consensus of the Lake Elmo Planning Commission was to recommend to the City Council approval of RLS No. 132 subject to certain conditions of approval; and NOW, THEREFORE, the City Council of the City of Lake Elmo makes the following findings of fact: 1.That the Registered Land Survey No. 132 is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2.That RLS No. 132 is consistent with the standards of the with the City’s Village Mixed Use zoning district. 3.That RLS No. 132 meets the requirements of the City’s Registered Land Survey and Minor Subdivision regulations. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council does hereby approve RLS No. 132 subject to the following conditions: 1. The Applicants must obtain all other necessary City, state, and other governing body permits and approvals prior to release of RLS No. 132 for recording. 2. The City Attorney’s comments set forth in the RLS opinion shall be addressed prior to release of RLS No. 132 for recording. 3. The City Engineer’s comments set forth in the memo dated September 23, 2025 shall be addressed to the satisfaction of the City (as may be amended) prior to LA515\161\1061713.v3 release of any building permits with the exception of permits for regular maintenance such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating. 4. Prior to recording RLS No. 132, the Applicants must dedicate right of way to the satisfaction of the City. 5. All proposed easements shall be subject to review and approval by the City Attorney and the City Engineer prior to the release of RLS No. 132 for recording. The drainage and utility easement shall be established along the entire north side of the building, extending from eastern property line to western property line, and shall encompass all areas outside of the building’s footprint. The final location and dimensions of the easement shall be approved by the City Engineer prior to recording of RLS No. 132. 6. Prior to undertaking any redevelopment activities on the property located at: 3481 Laverne Avenue N., the Applicants or their successors must obtain sewer and water permits and pay associated fees prior to the issuance of any building permits with the exception of permits for regular maintenance such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating. All plans must be approved by the City. 7. Prior to undertaking any redevelopment activities on the property located at: 11320 Upper 33rd St. N., the property owner must obtain sewer and water permits and pay associated fees prior to the issuance of any building permits with the exception of permits for regular maintenance such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating. All plans must be approved by the City. 8. Any special assessments currently levied against the property subject to RLS No. 132 shall be transferred or paid in full prior to release of RLS No. 132 for recording. 9. The Applicant shall record RLS No. 132 and this Resolution within 180 days after approval of this Resolution by the City Council and provide proof of recording to the City. If both are not recorded within 180 days, approval of RLS No. 132 shall be considered void, unless a request for a time extension is submitted in writing and approved by the City Council. LA515\161\1061713.v3 DECISION Passed and duly adopted this _____ day of __________, 2025 by the City Council of the City of Lake Elmo, Minnesota. Charles Cadenhead, Mayor ATTEST: Registered Land Survey No. 132 |Minor Subdivision 3481Laverne Ave City Council | 12/2/2025 Background/Context Why does a Registered Land Survey need to go through the Minor Subdivision process? Typically, an application that requests lot line adjustments or division can be processed administratively. However – because this property is Torrens, the county has required that it be processed as a registered land survey . The City reviews registered land surveys through the minor subdivision process per state statute. Background Proposed RLS No. 132 Proposal Analysis -Minor Subdivision TRACT A TRACT B Current Proposed Analysis – Review of the minor subdivision criteria: • RLS #132 will result in no more than four parcels. The property will become two parcels. • RLS #132 will not require any new right-of -way or streets. Existing right -of -way will be dedicated via easement to maintain consistent distance from trail/sidewalk. • Easements are to be dedicated where applicable. • This request will meet the City’s VMX zoning lot dimension and bulk building requirements. The buildings are already existing. • The request will comply with the City of Lake Elmo’s access spacing and location. No new driveways or access points are proposed with the request. Agency Review •Fire Memo dated 9.26.2025⚬Pro vide d s tandard fire c omme nts re garding addre s s ing, alarms and s prinkle rs s ys te m. •Engineering Memo date d 9 .26 .20 25⚬Pro vide d c omme nts o n utilitie s and ac c e s s to pro pe rtie s . Co nditio ns have be e n adde d re garding this me mo . •Landscaping Memo date d 9 .26 .20 25⚬No c omme nts a t this time •City Attorney pro vide d re gis te re d land s urve y o pinio n date d 9 .2 6 .2 5⚬Re que s te d re vis io ns . Co nditio ns have be e n adde d re garding this me mo . •Valley Branch Watershed District e ma il (10 .3 .2 5 )⚬States tha t a VBWD permit mus t b e o btained fo r a ll minor subd ivisio ns . Public Hearing A public hearing notice was sent to surrounding properties on September 30, 2025. A public hearing notice was published in the City’s official newspaper on October 3, 2025. Staff have not received public comments at this time. Planning Commission The Planning Commission reviewed this request at its October 15th, 2025 meeting. The Commission voted to recommend approval of the request (Vote 5-0). Update: Since the Planning Commission meeting, staff have consulted with the Applicants and the City Attorney and have identified new considerations. As a result, some of the conditions of approval have been revised. Recommended Conditions of Approval (9) 1. The Applicants must obtain all other necessary City, state, and other governing body permits and approvals prior to release of RLS No. 132 for recording. 2. The City Attorney’s comments set forth in the RLS opinion shall be addressed prior to release of RLS No. 132 for recording. 3. The City Engineer’s comments set forth in the memo dated September 23, 2025 shall be addressed to the satisfaction of the City (as may be amended) prior to the release of any building permits with the exception of permits for regular maintenance such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating. 4. Prior to recording RLS No. 132, the Applicants must dedicate right of way by separate easement to the satisfaction of the City. 5. All proposed easements shall be subject to review and approval by the City Attorney and the City Engineer prior to the release of RLS No. 132 for recording. The drainage and utility easement must be established along the entire north side of the building, extending from the eastern property line to the western property line, and shall encompass all areas outside of the building’s footprint. The final location and dimensions of the easement shall be approved by the City Engineer prior to recording of RLS No. 132. Recommended Conditions of Approval (9) 6. Prior to undertaking any redevelopment activities on the property located at: 3481 Laverne Avenue N., the Applicants or their successors must obtain sewer and water permits and pay associated fees prior to the issuance of any building permits with the exception of permits for regular maintenance such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating. All plans must be approved by the City. 7. Prior to undertaking any redevelopment activities on the property located at: 11320 Upper 33 rd St. N., the property owner must obtain sewer and water permits and pay associated fees prior to the issuance of any building permits with the exception of permits for regular maintenance such as roofing, siding, windows or any emergency repairs to keep the building from deteriorating. All plans must be approved by the City. 8. Any special assessments currently levied against the property subject to RLS No. 132 shall be transferred or paid in full prior to release of RLS No. 132 for recording. 9.The Applicants shall record RLS No. 132 and this Resolution within 180 days after approval of this Resolution by the City Council and provide proof of recording to the City. If both are not recorded within 180 days, approval of RLS No. 132 shall be considered void, unless a request for a time extension is submitted in writing and approved by the City Council. Recommended Conditions of Approval (9) Condition #5 – The engineering memo addresses concerns related to utilities to the site and how they will connect to the site to the east. The drainage and utility easement is required to ensure flexibility for any future development to the east. The easement is over the parking area and shall include the existing water and sewer stubs which result in an easement that extends over the north side of the property. Recommended Conditions of Approval (9) Conditions regarding timing of connection to sewer and water (Conditions #3, #6, #7) These conditions originally stated that the sewer and water connection must be made ahead of any building permits. The Applicants had concerns that the language would prevent regular maintenance and emergency repairs to the building. The conditions have been updated to include language that allow building permits for regular maintenance “such as roofing, siding , windows or any emergency repairs to keep the building from deteriorating” ahead of sewer connection. Staff believes that these changes allow for upkeep of the building while maintaining clear requirements that the properties must connect to City sewer and water prior to any redevelopment of the properties. Other Considerations City staff have identified additional considerations for the Council moving forward. While these issues do not inherently affect approval of the current subdivision, staff want to ensure the Council is aware of them. Sewer and Water Connection: Note: City Code Section 5.08.080 states that properties such as this one that is within the MUSA must connect to City sewer and water within two years of it becoming available at the site and ahead of selling property. •RLS/minor subdivision approval is a planning/zoning act, not a sale, conveyance, or transfer of property ownership Property Use •This application is not for a change of use. •Applicants have proposed alternate language to the conditions of approval that point to Minnesota Statutes Section 462.357, subdivision 1(e) which refers to there being a legal non-conforming use on the property. While the reference is understandable, staff have chosen not to update the proposed conditions of approval with this reference because at this time, the City has not made the determination on whether there is an established legal nonconforming use. •City staff believes that Conditions of Approval 6 and 7 as written accomplish the same goals and are authorized pursuant to City Code Section 5.08.080. Recommended Findings Staff is recommending that the Planning Commission consider the following findings regarding the requests: 1.That Registered Land Survey No. 132 is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2.That Registered Land Survey No. 132 is consistent with the standards of the City’s Village Mixed Use zoning district. 3.That Registered Land Survey No. 132 meets the requirements of the City’s Registered Land Survey and Minor Subdivision regulations. Staff recommend that the City Council’s approval of RLS No. 132 with c o nd itions outline d in the staff report. Suggested Motion: “Move to approve of proposed Resolution 2025-xxx approving RLS No. 132 for the property located at 3481 Laverne Avenue N. based on the findings of fact and the conditions presented in the staff report.” Alternate Motion: “Motion to amend Resolution 2025-xxx as directed by City Council and bring back to the December 18th meeting.” RECOMMENDED MOTION STAFF REPORT DATE: December 2, 2025 Regular TO: Mayor & Council FROM: Nina Kraemer, Finance Coordinator Sarah Sonsalla, City Attorney AGENDA ITEM:Lawful Gambling City Code Update and Revenue Spending REVIEWED BY: Clarissa Hadler, Finance Director CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Efficient, reliable, innovative services ☒ Responsive, transparent, adaptive governance ☒ Balanced Finances now and future ☐ Managed Growth ☐ Resilient Infrastructure BACKGROUND: The city clerk received a phone inquiry from one of our charitable gambling organizations requesting information on the City’s 10% gambling donations. This inquiry prompted a review of the current city ordinance, the nature of the 10% donations, applicable state requirements, and the City’s existing processes. Through this review, several areas for improvement were identified. City Code Chapter 11.04-III: Bingo, Other Lawful Gambling, and Video Games of Chance regulates lawful gambling within the City of Lake Elmo. Originally adopted in 1997, the ordinance imposes additional requirements beyond those found in state statute for organizations licensed by the Minnesota Gambling Control Board. It was determined that the ordinance required updates to align with current state laws and best practices. Following research into recommendations from the League of Minnesota Cities (LMC), a review of other local ordinances, and input from the City Attorney, the following updates have been made: 1.Definitions and Trade Area: A new definitions section has been added, including a clear definition of the City’s trade area. 2.Eligibility Requirements: The ordinance previously required organizations to maintain an address within the City, which is more restrictive than state statute. This has been amended to align with Minnesota Statute eligibility requirements. 3.Premises Permit Application: Updated to reflect current requirements and remove the provision for law enforcement inspections, which are the responsibility of the Minnesota Gambling Control Board. 4.Liquor Sales and Gambling: Section 11.04.200, which addressed liquor sales and lawful gambling at on-sale establishments, has been removed, as it is not currently enforced and is not required by law. 5.Gross Receipts Requirement: The ordinance previously required a 3% contribution of gross receipts for law enforcement and administrative purposes. This requirement has been removed. 6.Permit Fees: City staff have opted not to charge a premises permit application fee or require an annual renewal fee. Additional Considerations: Under Minnesota Statutes, Section 349.213, Subdivision 1, Paragraph (f)(2), a local unit of government may require licensed organizations to contribute up to 10% of their net profits from lawful gambling to a fund administered by the local government. Section 11.04.220 of the City’s ordinance authorizes the City of Lake Elmo to collect this 10% contribution. Net profits are defined as gross profits minus allowable expenses and taxes assessed on lawful gambling. Upon review, it was determined that the City has not previously collected the 10% contributions from any organization. Past donations from the Jaycees exceeded the 10% threshold but were made voluntarily and not under the ordinance’s authority. Moving forward, the City will begin enforcing this provision and will contact all approved organizations conducting charitable gambling within city limits, if necessary. Other cities within our newly defined trade area—such as Maplewood, Oakdale, and Woodbury—also collect the 10% gambling contribution. Lawful Gambling Fund: In accordance with Minnesota Gambling Control Board requirements, revenues from charitable gambling will now be deposited into the newly created Lawful Gambling Fund (Fund 210). Each budget year, the City must acknowledge the financial contributions of licensed organizations and identify the recipients of those funds through communications about the funds as well as in the distribution of funds. Currently, three organizations are approved to operate within Lake Elmo: Oakdale Athletic Association – operating at Twin Points Stillwater Area Hockey Association – operating at Lakewood Tavern Woodbury Area Athletic Association – received a premises permit on November 5, 2025, to operate at the new ParT Barn Use of Lawful Gambling Funds All funds received from charitable gambling organizations must be disbursed by the City for lawful purposes, as defined in Minnesota Statutes, Section 349.12, Subdivision 7a. As outlined in the attached Guide for Cities: How Cities May Spend 10% Lawful Gambling Contributions, the following are allowable uses of these funds: Permitted Uses (Summary, please see the guide for an inclusive list): Youth Programs Festival organization: any expenditure by or contribution to a 501(c)(3) or festival organization, as defined in subdivision 15c, as confirmed by our compliance specialist Charitable Donations: Contributions to a 501(c)(3) organization, provided the City does not retain control of the funds. Scholarships Military Support Environmental Monitoring Wildlife & Trails Senior Nutrition Community Arts Humanitarian Service Contracted Services: If the City contracts for law enforcement or emergency services, gambling funds may be used to pay for those services (excluding pension obligations). Payments must be made directly to the contracted entity. Parks & Memorials: While funds cannot be donated to the parks department, they can be used for: Playground equipment (under youth activities) and Construction or maintenance of veterans memorials (under military recognition) Based on the list of permitted uses, City staff recommend that charitable gambling funds be used to offset the annual law enforcement contract with the Washington County Sheriff's Office. This is an allowable use of funds under state statute and provides a direct benefit to all Lake Elmo residents. The newly created Fund 210 – Lawful Gambling Fund will be included in future City budgets with an initial budgeted amount of $20,000 in both revenue and a corresponding expense line for the law enforcement contract. If actual revenues exceed the budgeted amount, budget amendments will be made accordingly to reflect the additional funds and their lawful disbursement. ISSUES BEFORE COUNCIL: Should the City update the ordinance as recommended and enforce the 10% lawful gambling donation? FISCAL IMPACT: At this time, the City does not yet know the total revenue that will be contributed to the Lawful Gambling Fund by current charitable gambling organizations. Year to date, approximately $5,000 has been collected from the Oakdale Athletic Association. The City will also incur a legal publication fee for publishing the updated ordinance. RECOMMENDED MOTIONS: 1.“Move to adopt ordinance 2025-017 amending the Lake Elmo City Code of ordinances by amending Chapter 11.04 relating to lawful gambling” 2.“Move to adopt resolution 2025-081 authorizing publication summary of ordinance 2025-17.” 3.“Move to authorize staff to proceed with budgeting for lawful gambling revenues in Fund 210 and allocate the proceeds toward the City’s law enforcement contract” ATTACHMENTS: Guide for Cities: How Cities May Spend 10% Lawful Gambling Contributions Ordinance 2025-017 AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING CHAPTER 11.04 RELATING TO LAWFUL GAMBLING Resolution 2025-081 AUTHORIZING PUBLICATION SUMMARY OF ORDINANCE 2025-17 1 LA515\1\1054527.v3 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2025-017 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING CHAPTER 11.04 RELATING TO LAWFUL GAMBLING SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Chapter 11.04 of the City’s Code of Ordinances is hereby amended by changing the following Sections 11.04-I – 11.04-III (proposed language is underlined, deleted language is shown with strikethrough): 11.04.160. Definitions For purposes of LEC 11.04.160 – 11.04.250, the following terms shall have meanings ascribed to them as follows: (a) Board. The Minnesota gambling control board. (b)Fraternal organization. A 501(c)(8) or 501(c)10 nonprofit organization that is a branch, lodge, or chapter of a national or state organization, and exists for the common interests of its members. Fraternal organizations do not include high school and college fraternities and sororities. (c)Other nonprofit organization. 1) an organization with a current letter of tax exemption from the Internal Revenue Service (IRS); 2) an organization re- incorporated as a nonprofit corporation and registered with the Minnesota Office of the Secretary of State; or 3) an affiliate, subordinate, or chapter of a statewide parent nonprofit organization. (d)Religious organization. A nonprofit organization, church, group of church members, or group gathered for support and moral improvement in religion, worship, and religious observances. (e)Trade area. The cities of Lake Elmo, Oakdale, Grant, Oak Park Heights, and Woodbury, and the townships of Baytown, and West Lakeland, all bordering the city of Lake Elmo. Also, the school districts of Stillwater Area Public Schools, North St. Paul-Maplewood-Oakdale Schools, and Mahtomedi Public Schools. (f)Veterans organization. A congressionally chartered organization in Minnesota, or any branch, lodge, or chapter of a nonprofit national or state organization in Minnesota, with a membership of people who were in the United States armed services or forces. 2 LA515\1\1054527.v3 11.04.160 1 1 . 0 4 . 1 6 5 . Lawful Gambling Permitted Lawful gambling, as defined in M.S.A. § 349.12, subd. 24, as it may be amended from time to time, is permitted in the city if the organization conducting the gambling meets all of the following criteria: (a)It is licensed by the state lawful gambling control board, and is in compliance with M.S.A. § 349, as it may be amended from time to time; (b)It is a tax exempt fraternal, religious, veterans, or other non-profit organization. pursuant to section 501(c) of the Internal Revenue Code, as it may be amended from time to time; (c)It maintains an address within the city; (c)It has at least 15 active members at the time of its initial license application and at least 13 members eligible to vote on gambling matters thereafter; (d)(d)It has been in existence as a non-profit corporation or as a section 501(c) an organization designated as exempt from the payment of income taxes by the Internal Revenue Code tax exempt organization for at least three consecutive years prior to the date the gambling operation begins; (e)It has identified a qualified gambling manager; and (f)It does not exist for the sole purpose of conducting gambling. (e)Charitable gambling is limited to fraternal, religious, veterans or other non-profit organizations; and permanent, year-round licensed liquor establishments, fraternal organizations, or churches all which are currently established and operating in the city; and (f)It complies with all of the provisions of LEC 11.04.160 et seq. 11.04.170 Filing Of Records; Inspections; Access To Records (a)Reports. Every organization licensed to desiring to conduct lawful gambling within the city shall file with the city administrator copies of all records and reports required to be filed with the state lawful gambling control board pursuant to M.S.A. ch. 349, as it may be amended from time to time, and the rules and regulations promulgated by M.S.A. ch. 349, as it they may be amended from time to time. The records and reports shall be provided to the city due at the same time they are provided due to the board. (b)Inspection. Every gambling event in the city conducted by an organization under M.S.A. ch. 349, as it may be amended from time to time, shall be open to inspection by officers of the police department. (c)(b)Inspection of records. Employees of the city's police department The city’s law enforcement officers may inspect, at any reasonable time, without notice or search 3 LA515\1\1054527.v3 warrant, all records of a licensed organization, including gambling accounts and other bank records which are required, by the state lawful gambling control board, to be maintained and preserved. 11.04.180 Approval of Premises Permit (a)Notification of application. An organization applying for a lawful gambling license must also apply for a premises permit to conduct lawful gambling at any specific location within the city. Therefore, the organization desiring to conduct lawful gambling at a location within the city must make an application to the city for a premises permit. The state lawful gambling control board shall notify the council in writing in the manner required by law of each pending application for a premises permit at least 60 days before issuing or renewing the license. Each pending application for a premises permit shall be approved or disapproved by resolution of the council. (b)Premise permit application Filing. Any organization applying to the state lawful gambling control board for a premises permit to conduct lawful gambling at any specific location within the city bingo hall license, or for the renewal of the premises permit to conduct lawful gambling in the city shall, within ten days of submitting the application for the premises permit with the board, file a premises permit application that must include a copy of the applicant’s application with the state following with the city administrator:. (1)A duplicate copy of the state lawful gambling control board application along with all supporting documents submitted to the state lawful gambling control board; (2)A copy of the articles of incorporation and bylaws of the organization; (3)The names and addresses of all officers and directors of the organization; (4)A copy of the organization's written procedures and/or criteria for distribution of funds derived from lawful gambling, its standardized application form, and its written fiscal control procedures; and (5)A copy of the Internal Revenue Service's tax exempt letter. (c)Investigation. Upon receipt of the materials required by subsection (b) of this section and not later than 60 days from receipt of notice from the state lawful gambling control board, city staff shall investigate the applicant and, based upon the investigation, the council shall act on the application. (d)Approval; denial. The action of the council to approve an application for a premises permit or a bingo hall license within the city shall be by resolution. Failure to receive three affirmative votes of the city council shall constitute a denial of the application. (e)Resolution. A copy of the council resolution will be sent to the board and the license premises permit applicant upon request. 4 LA515\1\1054527.v3 (f)Copies. Copies of any other reports or documents which are required to be subsequently filed by the organization with the state lawful gambling control board, including monthly financial statements, shall be filed with the city within ten days of filing the materials with the state lawful gambling control board. 11.04.190 Locations (a)Maximum number. The maximum number of locations where lawful gambling may be conducted within the city is ten. (b)Allotment to single organization. No single organization may conduct lawful gambling at more than three locations within the city. (c)Compliance. No location shall be approved for gambling a premises permit unless it complies with the applicable zoning, building, fire, and health codes of the city. 11.04.200 Liquor Sales/Lawful Gambling At On-Sale Establishments (a)Prohibition. No sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale liquor, wine, or 3.2 percent malt liquor license, or a bottle club permit; provided further that no sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted in the room where a bingo session is taking place. (b)Regulations. Lawful gambling at on-sale liquor, wine, and 3.2 percent malt liquor establishments shall be conducted in compliance with the following regulations: (1) Only licenses for pull tabs and raffles may be issued except where the licensed gambling organization also holds the on-sale liquor, wine, or 3.2 percent malt liquor licenses for the premises, in which case any lawful gambling license may be issued. (2)(1) On-sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises or any rooms adjoining the premises under the same management. No lease shall be effective between an on-sale establishment and a gambling organization while there is still a lease in effect between the on-sale establishment and another gambling organization. (3)(2) Every agreement between a non-profit organization and an on-sale premises for gambling shall be in the form of a written lease. The written lease shall be filed with the administrator along with the gambling license application, and there shall be no unwritten terms or conditions. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of LEC 11.04.160 et seq. 5 LA515\1\1054527.v3 (4) A copy of any lease agreement between a non-profit organization and an on-sale licensee shall be filed with the administrator with the gambling license application. (5) A lease agreement between a non-profit organization and an on-sale establishment shall not provide for rental payments based on a percentage of receipts of profits from lawful gambling. There shall be no other compensation paid to the on-sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement. The maximum rental fee shall be $600.00 per month or $24.00 per square foot of the leased premises, whichever is less. (6) a. All gambling shall be conducted from a booth or other area properly segregated from the rest of the licensed premises. b. The physical layout of the area set aside for gambling shall be subject to the approval of the city's police department. (7)The gambling booth shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominently display its name and license number at its gambling booth and shall indicate that all profits from gambling are for the benefit of the organization. (8)No employees or agents of the on-sale establishment shall handle gambling devises, gambling money, prizes, or gambling records, nor shall they record winners, replays, or free games, nor shall they otherwise conduct or assist the licensed gambling organizations in conducting the gambling operation. (9)The gambling booth or area shall be separate from the liquor service bar area. No gambling shall be conducted from the liquor service bar area. (10) The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money, and records. Whenever the organization is not present, all gambling devices, money, and records shall be securely locked and shall be inaccessible to employees of the on-sale establishment. (11) No gambling employee may use intoxicating beverages while working on the sale of games. (12) No gambling funds shall be commingled with funds of the on-sale establishment. (13) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances. (14) The on-sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours. 6 LA515\1\1054527.v3 (15) The on-sale licensee shall make no agreements with any gambling equipment distributor requiring the use of the distributor's gambling equipment in the establishment. (16) Subsections (b)(6) through (11) of this section shall not apply when the licensed gambling organization is also the holder of the on-sale license for the establishment where the gambling is conducted. (17) The council may disapprove a premises permit application for an on-sale establishment in which gambling violations have previously occurred. 11.04.210 11.04.200 Gambling Manager Before any person may serve as a gambling manager for any organization licensed to conduct gambling in the city, that person must have a valid gambling manager license issued by the board satisfactorily completed a course of instruction conducted by the state lawful gambling control board on the duties and responsibilities of the gambling manager. 11.04.220 11.04.210 Contributions (a)Percentage. Each organization conducting lawful gambling within the city shall contribute ten percent of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund for disbursement by the city for lawful purposes charitable contributions as defined by M.S.A. § 349.12, subd. 24, as it may be amended from time to time. The city’s use of the funds shall be determined at the time of adoption of the city’s annual budget or at the time of amendments to the budget. (b)Reporting requirement. The ten percent contribution imposed by this section shall be reported to the city by the organization on a duplicate copy of the organization’s gambling tax return filed with the state lawful gambling control board each month. The report shall be an exact duplicate of the report filed with the state lawful gambling control board without deletions or additions and must contain the signatures of organization officials as required on the report form. (c)Reporting deadline. (1)The contribution and the report due must be postmarked or, if hand-delivered, received in the office of the city administrator on or before the last business day of the month following the month for which the report is made. (2)An incomplete report will not be considered timely filed unless corrected and returned by the due date for filing. Delays in the mailing, mail pick-ups, and postmarking are the responsibility of the organization. (3)The report and contribution shall be delivered to: City of Lake Elmo 3800 3880 Laverne Avenue North Lake Elmo, MN 55042 7 LA515\1\1054527.v3 (d)Payment. Checks shall be made payable to: “City of Lake Elmo.” (e)Interest. There shall be an interest charge of eight percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section. (f)Delinquencies. (1)The council shall disapprove any pending application for renewal or original issue of a lawful gambling license for any organization which owes delinquent gambling contributions to the city. Further, the council or administrator may notify the state lawful gambling control board of any organization owing delinquent gambling taxes to the city and may request that the council revoke or suspend the organization's license during the license year. The council shall not issue or renew any on-sale or off-sale alcoholic beverage license, bottle club permit, or food license to any organization which owes delinquent gambling contributions to the city. (2)The above remedies are not exclusive and shall be in addition to any other powers and remedies provided by law. (g)(f)Exemption. The receipts from lawful gambling of an organization that is exempt from licensing under M.S.A. § 349.166, as it may be amended from time to time, are not subject to the contribution imposed by this section. (h)(g)Evaluation of purpose of funds. The City will evaluate yearly the purposes for which the funds will be used. 11.04.230 Law Enforcement And Administrative Costs All organizations conducting lawful gambling within the city shall, within 30 days of the end of each month, pay to the city an amount equal to three percent of the gross receipts from lawful gambling conducted in the city in that month, less amounts actually paid for prizes, to cover the city's law enforcement and administrative costs in regulating lawful gambling. 11.04.240 11.04.220 Trade Area Requirement Every organization conducting lawful gambling within the jurisdiction of the city shall expend 100 percent all of its expenditures for lawful purposes on lawful purposes conducted or located within the city's trade area. 11.04.250 11.04.230 Gambling Exempt From State Licensing Requirements (a)Organizations which conduct lawful gambling which are exempt from state gambling licensing requirements (pursuant to M.S.A. § 349.166, as it may be amended from time to time) may conduct gambling within the city upon receipt of a permit from the city; except that a permit is not required if the organization awards $5,000.00 or less in prizes in a calendar year. 8 LA515\1\1054527.v3 (b)(1) Application. An application for the permit shall be made at least 30 days prior to the date the gambling shall will be conducted. The application shall contain the following: a.The name of the organization; b.The address of the organization; c.The place where the gambling will occur; and d.The total prizes to be awarded. (2)Permit fee. The organization shall pay a permit fee as established in the city fee schedule for each day the gambling is conducted. (3)(2) Permitted classes of gambling. Permits for all classes of gambling activities may be approved. (4)(3) On-sale premises. Lawful gambling by an organization exempt from licensing may be conducted on the premises of a licensed on-sale liquor, wine, or beer establishment or a bottle club, subject to the restrictions in LEC 11.04.160 et seq. relating to the conduct of gambling in on-sale establishments and bottle clubs. (5)(4) Consumption; possession; 3.2 percent malt liquor. a.Except as provided in this subsection (b)(5), the sale, consumption, and possession of intoxicating liquor at a gambling event by an exempt organization shall be prohibited. b.However, 3.2 percent malt liquor may be served and consumed, but only under a valid temporary on-sale beer license. (6)(5) Compliance; notice. The organization shall comply with all statutory requirements for an exempt organization, including the 30-day notice requirement to the city, pursuant to M.S.A. § 349.166, subd. 2(4), as it may be amended from time to time. (7)(6) Filing of report. Within 30 days after filing any reports with the state lawful gambling control board, the organization shall file a copy of the reports with the city. (8)Law enforcement and administrative costs. The provisions relating to law enforcement and administrative costs set forth in LEC 11.04.230 shall not apply to gambling permitted pursuant to this section. All other provisions of LEC 11.04.160 et seq. apply to the organizations. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. 9 LA515\1\1054527.v3 SECTION 3. Adoption Date. This Ordinance _______ was adopted on this ______ day of ______________, 2025, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL ________________________________ Charles Cadenhead, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2025-081 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 2025-017 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 2025- 017, an ordinance amending the City Code of Ordinances by amending the City’s provisions related to the City Council; and WHEREAS, the Ordinance is 9 pages in length; and WHEREAS, Minnesota Statutes Section 412.191, subdivision 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; and 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. 2025-17 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. 2025-17 which revises the City Code Section 11.04 regarding Bingo, Other Lawful Gambling, and Video Games of Chance. The full text of this Ordinance is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the Ordinance at City Hall for public inspection. Dated: December 2, 2025 Charles Cadenhead, Mayor ATTEST: City Clerk (SEAL) Lawful Gambling Ordinance Amendment & 10% Contributions City Council Meeting | December 2, 2025 What is Lawful Gambling? •Inquiry received from one of the local charitable gambling organizations prompted review of our city ordinance, state requirements, and current city processes. •Lawful Gambling is the operation, conduct, or sale of bingo, raffles, paddlewheels, tipboards and pull-tabs •The Minnesota Gambling Control Board is the licensing authority for lawful gambling organizations; However, to operate within a jurisdiction, a licensed organization must receive a premises permit Current Ordinance Overview •City Code Chapter 11.04-III •Regulates lawful gambling in Lake Elmo •Adopted in 1997 •More restrictive than state statute for issuance of a premise permit •Required updates to align with: •MN Gambling Control Board •League of MN Cities (LMC) •City Attorney recommendations Key Ordinance Updates Summary of Ordinance Changes 1. Added definitions and trade area 2. Aligned eligibility with state statute 3. Updated premises permit process 4. Removed outdated liquor/gambling section 5. Removed 3% gross receipts requirement 6. No premise permit fee or renewal permit required 10% Contribution Authority Legal Basis for 10% Contribution •MN Statute 349.213 permits a city, through an ordinance, to require that eligible organizations contribute 10 percent of their annual net profits from lawful gambling conducted within the city’s jurisdiction to a fund that is managed and regulated by the city •Lake Elmo ordinance authorizes this collection •Net profits = gross profits – allowable expenses & taxes •City is going to collect from all approved organizations Lawful Gambling Fund •New fund created for gambling revenues •Required by MN Gambling Control Board •Annual reporting of: •Contributions received •Charitable uses of funds Fund 210 – Lawful Gambling Fiscal Impact •$5,000 collected YTD from Oakdale Athletic Association •Total annual revenue is not yet known •Budgeting $20,000 in revenues for 2026 •Legal publication cost for ordinance update Use of Funds Recommendation •Allocate funds to Washington County Sheriff's Office contract. •Allowable under statute •Direct benefit to Lake Elmo residents 1.Move To Adopt Ordinance 2025-017 Amending The Lake Elmo City Code Of Ordinances By Amending Chapter 11.04 Relating To Lawful Gambling. 2.Move To Adopt Resolution 2025-xxx Authorizing Publication Summary Of Ordinance 2025-17. 3.Move To Authorize Staff To Proceed With Budgeting For Lawful Gambling Revenues In Fund 210 And Allocate The Proceeds Toward The City’s Law Enforcement Contract. Recommended Motions Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 651-539-1900 www.mn.gov/gcb Minnesota Statutes, section 349.213, subdivision 1, paragraph (f)(2), allows a local unit of government to require, by ordinance, a licensed organization to contribute up to 10% of the organization’s net profits derived from lawful gambling to a fund administered by the local unit of government. Net profits are gross profits less sums actually expended for allowable expenses and amounts paid in taxes assessed on lawful gambling. The funds must be disbursed by the city for charitable contributions as defined by section 349.12, subdivision 7a: A city may donate 10% lawful gambling funds:  For activities and facilities for youth under age 21.  To a 501(c)(3) organization provided that the city does not retain control of these funds.  To a scholarship fund.  To relieve the effects of poverty, homelessness, or disability (for example, a homeless shelter).  To a program for the education, prevention, or treatment of problem gambling.  For recognition of military service (free and open to the public) or support for active military personnel and their immediate family members in need.  To a church.  With Minnesota Pollution Control Agency (PCA) approval, for citizen monitoring of surface water quality by individuals (requires submitting data to the PCA).  With Minnesota Department of Natural Resources (DNR) approval, for wildlife management projects or activities that benefit the public-at-large; grooming or maintaining snowmobile or ATV trails, or other trails open to public use; supplies and materials for DNR-coordinated safety training and education programs.  For nutritional programs, food shelves, and congregate dining programs primarily for persons age 62 or older or disabled.  For community arts organizations, or sponsorship of community arts programs that are free and open to the public.  For humanitarian service, recognizing volunteerism or philanthropy. A city may not transfer 10% lawful gambling funds to other city accounts (for example, its own parks and recreation department, or police or fire department). A city may, however, purchase equipment and pay for services to train police, fire, or other public safety-related services, and payment must be written directly to the vendor. Examples include purchasing a police car, a fire truck, playground equipment, and training courses for police and firefighters. If a city contracts out for law enforcement services or other emergency services, it may spend 10% lawful gambling funds for those services (excluding pension obligations). The check must be written directly to the outside entity providing those law enforcement services. While a city may not donate 10% lawful gambling funds to its city parks and recreation department, it may donate 10% funds for playground equipment within a city park (allowed under activities and facilities for youth under age 21), or for construction or maintenance of a veterans memorial within a city park (recognition of military service). The checks must be written directly to the vendor. (Also, playground equipment and veterans memorials need not be located in a city park.) The city must submit form LG510 City or County Annual Report, 10% Lawful Gambling Contribution Fund, to the Minnesota Gambling Control Board by March 15 of each year describing the amount collected, details for disbursement, and any balance. The LG510 is available at www.mn.gov/gcb. The Board will continue to monitor the receipt, proper disbursement, and fund balances. If you have any questions about what is or is not allowed, please call the Minnesota Gambling Control Board at 651-539-1900. Guide for Cities How Cities May Spend 10% Lawful Gambling Contributions Required from Charities Cities that collect funds from charitable gambling proceeds must spend the money the same way as charities do— for defined charitable purposes. 08/25 STAFF REPORT DATE: December 2, 2025 REGULAR TO: City Council FROM: Dustin Kalis, Fire Chief AGENDA ITEM: Approve Statewide Volunteer Firefighter Plan Benefit Level Increase REVIEWED BY: Nicole Miller, City Administrator Dustin Kalis, Fire Chief Clarissa Hadler, Finance Director CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services ☒ Responsive, transparent, adaptive governance ☒ Balanced Finances now and future ☐ Managed Growth ☐ Resilient Infrastructure BACKGROUND: The retirement benefit for Lake Elmo paid-on-call (POC) firefighters has been operated by the Statewide Volunteer Firefighter Plan (SVF) since 2024. Annually, Public Employees Retirement Association of Minnesota (PERA) and the SVF provide an Actuarial Valuation Report to the city. Information provided in this report provides information used when seeking a pension benefit level increase. ISSUE BEFORE COUNCIL: Should the City Council adopt a resolution authorizing the Statewide Volunteer Firefighter Plan Benefit Level Increase to $9,000 per year of service. PROPOSAL DETAILS/ANALYSIS: The Statewide Volunteer Firefighter Plan is the sole retirement benefit provided to paid-on-call fire department staff. The plan is funded through the department’s pension assets and annual fire state aid contributions from the State of Minnesota. The proposed change would increase the retirement benefit from $8,000 per year of service to $9,000 per year of service. The current vesting schedule is 5 years (40%) and full vesting at 20 years (100%). A fire department’s SVF Plan benefit level is the dollar amount corresponding to each year of a volunteer firefighter’s certified service. PERA’s cost analysis is intended to help the city determine whether and the extent to which a benefit level increase is appropriate for their fire department. The city has the authority to approve benefit level increases for the fire department and may elect to do so once per year. A benefit level increase approved in a given year will go into effect on January 1 of the next year. The city cannot elect to decrease the fire department’s benefit level. FISCAL IMPACT: The 2025 Actuarial Valuation Report indicated that at our current benefit level of $8,000 per year of service, with the plan currently 147.07% overfunded and requiring no municipal contribution to the plan for 2026. A benefit level analysis using formulas provided by PERA accounted for a large retirement payout not yet submitted. At the $9,000 per year benefit level, our funding amount is 134%. SVF PERA fees are $60 per firefighter per year (includes active and deferred firefighters) and investment fees: $0.06 per $1,000 invested (6/10ths of 1%). These fees are calculated annually and are withdrawn from the department’s pension assets. Below is a list of benefit levels from area departments with a POC or PT firefighter pension benefit: Department Plan Type 2025 Benefit Level 2026 Benefit Level Lake Elmo SVF $8,000 $9,000 Mahtomedi SVF $6,900 $10,000 Inver Grove Heights *Relief $15,000 $15,000 Hastings SVF $12,000 $13,000 Bayport *Relief $12,350 $12,350 Lake Johanna *Relief $11,389 $11,389 Stillwater *SVF $11,000 $11,000 Vadnais Heights *SVF $7,800 $7,800 North St. Paul *SVF $7,200 $7,200 Forest Lake Relief $6,350 $7,000 Hugo Relief $5,600 $6,100 Little Canada Relief $5,390 $5,545 Lower St. Croix Valley *Relief $5,500 $5,500 Newport SVF $5,000 $5,000 Scandia SVF $3,800 $3,800 *2026 increase unknown currently OPTION: 1)Approve the resolution. 2)Amend and then approve the resolution. RECOMMENDATION: “Motion to approve Resolution No 2025-077, A Resolution opting to increase the benefit level for firefighters who are vested in the Statewide Volunteer Firefighter Plan to $9,000 per year of service” CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2025-077 A RESOLUTION OPTING TO INCREASE THE BENEFIT LEVEL FOR FIREFIGHTERS WHO ARE VESTED IN THE STATEWIDE VOLUNTEER FIREFIGHTER PLAN WHEREAS: The City previously authorized the fire department to join the Statewide Volunteer Firefighter Plan administered by the Public Employees Retirement Association (PERA); and WHEREAS: The City requested and obtained a cost analysis of increasing the benefit level for firefighters who are vested in the Statewide Volunteer Firefighter Plan from PERA not more than 120 days ago; and WHEREAS: The City understands that Minnesota statutes do not have provisions for a decrease in benefit levels; and WHEREAS: The City highly values the contributions of City Fire Department members to the safety and well being of our community and wishes to safeguard their pension investments in a prudent manner. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo, Minnesota: 1)The City hereby approves an increase in the benefit level for firefighters who have completed at least 5 years of good time service credit as a member of the Statewide Volunteer Firefighter Plan administered by PERA at the $9,000.00 benefit level per year of service, effective January 1, 2026; and 2)The City Clerk/Administrator and Mayor are hereby authorized to execute all documents necessary to effectuate the intent of this resolution. APPROVED by the Lake Elmo City Council on this 2nd day of December, 2025. By: __________________________ Charles Cadenhead Mayor ATTEST: ________________________________ City Clerk CITY OF LAKE ELMO Page 1 Public Employees Retirement Association of Minnesota Statewide Volunteer Firefighter Plan Actuarial Valuation Report as of December 31, 2025 for the City of Lake Elmo Volunteer Fire Department City of Lake Elmo Volunteer Fire Department Table of Contents Cover Letter - Executive Summary 1 Summary of Results................................................................................................................................ 1 Valuation Results 2 Financial Requirement for Following Calendar Year .............................................................................. 2 Benefit Level Analysis ............................................................................................................................. 2 Projection of Accrued Liability ............................................................................................................... 3 Projection of Assets ................................................................................................................................ 3 (Gain) / Loss ............................................................................................................................................ 3 Cost Impact of Increase in Benefit Level ................................................................................................ 4 Summary of Participant Data ........................................................................................................................ 5 Assessment of Risk ........................................................................................................................................ 6 Low-Default-Risk Obligation Measure ......................................................................................................... 7 Methods and Assumptions ........................................................................................................................... 8 Summary of Plan Provisions ......................................................................................................................... 9 Plan Member Detail .................................................................................................................................... 10 July 15, 2025 Public Employees Retirement Association of Minnesota St. Paul, Minnesota Re: City of Lake Elmo Volunteer Fire Department Actuarial Valuation as of December 31, 2025 Dear PERA Trustees: The results of the December 31, 2025 Actuarial Valuation of the City of Lake Elmo Volunteer Fire Department (the Plan) are presented in this report. This report was prepared at the request of the Board and is intended for use by the Public Employees Retirement Association (PERA) and the Plan and those designated or approved by the Board or the Plan. This report may be provided to parties other than PERA and the Plan only in its entirety and only with the permission of the Board or the Plan. GRS is not responsible for unauthorized use of this report. The purposes of the valuation are to measure the Plan’s funding progress and to determine the required contribution for the fiscal year ending December 31, 2026. This report should not be relied on for any purpose other than the purposes described herein. Determinations of financial results, associated with the benefits described in this report, for purposes other than those identified above may be significantly different. The contribution in this report is determined using the actuarial assumptions and methods disclosed on page 8 of this report. This report includes risk metrics on page 6 but does not include a more robust assessment of the risks of future experience not meeting the actuarial assumptions. Additional assessment of risks was outside the scope of this assignment. This valuation assumed the continuing ability of the governing body to make the contributions necessary to fund this plan. A determination regarding whether or not the governing body is actually able to do so is outside our scope of expertise and was not performed. The findings in this report are based on data and other information through December 31, 2024. The valuation was based upon information furnished by PERA concerning the Plan, financial transactions, plan provisions, and active and terminated members. We checked for internal reasonability and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by PERA. Public Employees Retirement Association of MN City of Lake Elmo Volunteer Fire Department July 15, 2025 Page 2 Actuarial assumptions, including discount rates, and others identified in this report, are prescribed by Minnesota Statutes Section 353G.08, the Legislative Commission on Pensions and Retirement (LCPR), and the Trustees. These parties are responsible for selecting the plan’s funding policy, actuarial valuation methods, asset valuation methods and assumptions. The policies, methods and assumptions used in this valuation are those that have been so prescribed and are described in the Methods and Assumptions section of this report. PERA is solely responsible for communicating to GRS any changes required thereto. All actuarial assumptions used in this report are reasonable for the purposes of this valuation. The combined effect of the assumptions is expected to have no significant bias (i.e. not significantly optimistic or pessimistic). All actuarial assumptions and methods used in the valuation follow the guidance in the applicable Actuarial Standards of Practice. Additional information about the actuarial assumptions is included in the section of this report entitled Methods and Assumptions. We have assessed that the contribution allocation procedure calculated under the current funding policy is a reasonable Actuarially Determined Employer Contribution (ADEC) and is not significantly inconsistent with the plan accumulating adequate assets to make benefit payments when due. This report was prepared using our proprietary valuation model and related software which, in our professional judgment, has the capability to provide results that are consistent with the purposes of the valuation and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge, the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date and was performed in accordance with the requirements of Minnesota Statutes Section 353G.08, and the requirements of the Standards for Actuarial Work established by the LCPR. All calculations have been made in conformity with generally accepted actuarial principles and practices, with the Actuarial Standards of Practice issued by the Actuarial Standards Board, and with applicable statutes. Bonita J. Wurst and Sheryl L. Christensen are Members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. In addition, GRS meets the requirements of “approved actuary” under Minnesota Statutes Section 356.215, Subdivision 1, Paragraph (c). The signing actuaries are independent of the plan sponsor. Respectfully submitted, Gabriel, Roeder, Smith & Company Bonita J. Wurst, ASA, EA, FCA, MAAA Sheryl L. Christensen, FSA, EA, FCA, MAAA City of Lake Elmo Volunteer Fire Department 1 Executive Summary The Required Contributions for 2025 and 2026 are summarized in the following table: Summary of Results Plan Data 2025 2024 1. Current Benefit Level 2. Number of Participants $ 8,000 $ 7,000 a. Active members 29 24 b. Deferred members 10 9 c. Total 39 33 Funded Status 2025 2024 1. Projected Assets at End of Year $ 1,840,719 $ 1,542,698 2. Accrued Liability at End of Year 1,260,175 1,046,711 3. Surplus / (Deficit) $ 580,544 $ 495,987 4. Funded Ratio 146.07% 147.39% 5. Account Status Surplus Over Full Funding Surplus Over Full Funding Contributions 2025 2024 1. Financial Requirement a. Total Financial Requirement $ 120,446 $ 141,510 b. Reduction to the Financial Requirement (264,877) (217,267) c. Required Contribution $ 0 $ 0 2. Contribution Due Date 12/31/2026 12/31/2025 City of Lake Elmo Volunteer Fire Department 2 Valuation Results Financial Requirement for Following Calendar Year 2025 2024 1. Determination of Surplus / (Deficit) a. Projected Assets $ 1,840,719 $ 1,542,698 b. Accrued Liability 1,260,175 1,046,711 2. Surplus / (Deficit) [1a-1b] $ 580,544 $ 495,987 3. Financial Requirement Charges a. Increase/(Decrease) in liability $ 176,160 $ 139,530 b. Administrative Fees 2,340 1,980 c. One-Tenth of Deficit / (Surplus)^ (58,054) 0 d. Net Financial Requirement Charge [3a+3b+3c, not less than zero] $ 120,446 $ 141,510 4. Financial Requirement Credits a. Fire State Aid Current Year x 1.035 $ (134,614) $ (106,671) b. Supplemental State Aid Current Year (19,820) (18,034) c. 6% interest on Projected Present Assets (110,443) (92,562) d. Net Financial Requirement Credit [4a+4b+4c] $ (264,877) $ (217,267) 5. Required Contribution [3d+4d, not less than zero] $ 0 $ 0 6. Contribution Due Date 12/31/2026 12/31/2025 Benefit Level Analysis 2025 2024 1. Current Benefit Level $ 8,000 $ 7,000 2. Financial Requirement Charges 120,446 141,510 3. Fire State Aid (including supplemental aid) 154,434 124,705 4. Fire State Aid Use Ratio 78% 113% ^ Zero if the plan has had a surplus for only one year. Your organization uses only a portion of Fire State Aid towards its financial requirement. City of Lake Elmo Volunteer Fire Department 3 Projection of Accrued Liability 2025 2024 1. Active Member Liability $ 802,418 $ 685,129 2. Deferred Member Liability 457,757 361,582 3. Total Accrued Liability at year-end (1+2) $ 1,260,175 $ 1,046,711 4. Projected Accrued Liability at next year-end 1,436,335 1,186,241 5. Increase/(Decrease) in Liability (4-3) $ 176,160 $ 139,530 Projection of Assets 2025 2024 1. Actual Assets at Beginning of Year 2. Projected Change in Asset Value $ 1,597,337 $ 1,342,066 a. Fire State Aid 130,062 103,064 b. Fire Supplemental Aid 19,820 18,034 c. Required Contribution* 0 0 d. Net Investment Income 95,840 80,524 e. PERA Administrative Fee (2,340) (990) f. Net Change in Present Assets $ 243,382 $ 200,632 3. Projected Assets at End of Year $ 1,840,719 $ 1,542,698 (Gain)/Loss Assets Accrued Liability 1. Preliminary Expected Value $ 1,542,698 $ (1,186,241) 2. Impact of Benefit Change N/A (100,302) 3. Actual Value 1,597,337 (1,260,175) 4. (Gain)/Loss [1+2-3] $ (54,639) $ (26,368) * Unpaid invoices and anticipated receipts. City of Lake Elmo Volunteer Fire Department 4 Cost Impact of Increase in Benefit Level 2025 Benefit Level $8,000 (Current) $8,100 $8,200 $9,000 1. Determination of Surplus / (Deficit) a. Projected Assets $ 1,840,719 $ 1,840,719 $ 1,840,719 $ 1,840,719 b. Accrued Liability 1,260,175 1,270,205 1,280,235 1,360,477 2. Surplus / (Deficit) [1a-1b] $ 580,544 $ 570,514 $ 560,484 $ 480,242 3. Funded Ratio [1a/1b] 146.07% 144.92% 143.78% 135.30% 4. Financial Requirement Charges a. Increase/(Decrease) in liability $ 176,160 $ 178,120 $ 180,080 $ 195,757 b. Administrative Fees 2,340 2,340 2,340 2,340 c. One-Tenth of Deficit / (Surplus)^ (58,054) (57,051) (56,048) (48,024) d. Net Financial Requirement Charge [4a+4b+4c, not less than zero] $ 120,446 $ 123,409 $ 126,372 $ 150,073 5. Financial Requirement Credits a. Fire State Aid Current Year x 1.035 $ (134,614) $ (134,614) $ (134,614) $ (134,614) b. Supplemental State Aid Current Year (19,820) (19,820) (19,820) (19,820) c. 6% interest on Projected Present Assets (110,443) (110,443) (110,443) (110,443) d. Net Financial Requirement Credit [5a+5b+5c] $ (264,877) $ (264,877) $ (264,877) $ (264,877) 6. Required Contribution [4d+5d, not less than zero] $ 0 $ 0 $ 0 $ 0 ^ Zero if the plan has had a surplus for only one year. City of Lake Elmo Volunteer Fire Department 5 Summary of Participant Data December 31, 2025 December 31, 2024 Active Members Number 29 24 Average Age 38.8 39.3 Average Service 4.8 5.5 Deferred Vested Members Number 10 9 Average Age 46.5 43.6 Total Benefits $ 590,760 $ 516,280 City of Lake Elmo Volunteer Fire Department 6 Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures, as illustrated in this report, are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that result from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan’s funded status); and changes in plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the plan’s future financial condition include: 1. Investment Risk – actual investment returns may differ from the expected returns; 2. Asset/Liability Mismatch – changes in asset values may not match changes in liabilities, and are highly dependent on the timing of lump sum payments, thereby altering the gap between the accrued liability and assets and consequently altering the funded status and contribution requirements; 3. Contribution Risk – actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the plan’s funding policy or material changes may occur in the anticipated number of covered employees or other relevant contribution base; 4. Other Demographic Risks – members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return since the most recent actuarial valuation is less (or more) than the assumed rate, the cost of the plan can be expected to increase (or decrease). The required contribution shown on page 1 may be considered as a minimum contribution that complies with Minnesota Statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Additional Risk Assessment Additional risk assessment is outside the scope of the annual actuarial valuation. Additional assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. City of Lake Elmo Volunteer Fire Department 7 Low-Default-Risk Obligation Measure Actuarial Standards of Practice No. 4 (ASOP No. 4) was revised and reissued in December 2021 by the Actuarial Standards Board (ASB). It includes a new calculation called a Low-Default-Risk Obligation Measure (LDROM) to be prepared and issued annually for defined benefit pension plans. The transmittal memorandum for ASOP No. 4 includes the following explanation: “The ASB believes that the calculation and disclosure of this measure provides appropriate, useful information for the intended user regarding the funded status of a pension plan. The calculation and disclosure of this additional measure is not intended to suggest that this is the “right” liability measure for a pension plan. However, the ASB does believe that this additional disclosure provides a more complete assessment of a plan’s funded status and provides additional information regarding the security of benefits that members have earned as of the measurement date.” The following information has been prepared in compliance with this new requirement. Unless otherwise noted, the measurement date, actuarial cost methods, and assumptions used are the same as for the funding valuation covered in this actuarial valuation report. A. Low-Default-Risk Obligation Measure of benefits earned as of the measurement date: $1,287,668 B. Discount rate used to calculate the LDROM: 5.54% C. Other significant assumptions that differ from those used for the funding valuation: none D. Actuarial cost method used to calculate the LDROM: Entry Age Actuarial Cost Method E. Valuation procedures to value any significant plan provisions that are difficult to measure using traditional valuation procedures, and that differ from the procedures used in the funding valuation: none F. The LDROM is a market-based measurement of the pension obligation. It estimates the amount the plan would need to invest in low risk securities to provide the benefits with greater certainty. This measure may not be appropriate for assessing the need for or amount of future contributions. This measure may not be appropriate for assessing the sufficiency of plan assets to cover the estimated cost of settling the plan’s benefit obligation. The difference between the two measures (Valuation and LDROM) is one illustration of the savings the sponsor anticipates by taking on the risk in a diversified portfolio. City of Lake Elmo Volunteer Fire Department 8 Methods and Assumptions Actuarial Methods Valuation Date December 31, 2025, projected from data as of December 31, 2024 Funding Method Entry age normal level dollar with no pre-retirement decrements per MN Statutes 353G.08 Market Assets Trustee value plus any receivable income and less any payables Actuarial Assets Market assets projected to the end of the valuation year, per MN Statutes 353G.08 Economic Assumptions Valuation Rate 6.00%, net of investment expenses Increases to Fire State Aid 3.50% per year Future Benefit Level Increases None Interest on Deferred Benefits As indicated in member data Other Assumptions Mortality (pre-retirement) None Mortality (post-retirement) Not Applicable Disability None Withdrawal None Retirement Age Later of Age 50 or 20 years of service Form of Payment Lump Sum Administrative Expenses $60 per participant. Service For liability purposes, active member service at retirement is rounded. Assumption Changes: Administrative Expenses were updated to $60 per participant beginning in plan year 2025. City of Lake Elmo Volunteer Fire Department 9 Summary of Plan Provisions Following is a summary of the major plan provisions used to determine the plan’s financial position. It should not be used in determining plan benefits. Fire Department City of Lake Elmo Volunteer Fire Department Plan Year Calendar year Vesting Schedule Members are 40% vested upon completion of 5 years of service. The vesting percentage increases by 4% for each complete year of service above 5 years until the member is 100% vested with 20 years of service. Normal Form of Payment Lump sum Deferred Vested Benefit Eligible upon termination, after completion of at least 5 years of service. Lump sum of $8,000 per year of service, subject to the vesting schedule, payable at age 50. The benefit may be subject to an interest rate credit during the time that a member is deferred. Normal Retirement Benefit Eligible upon attainment of age 50 and completion of 20 years of service. Lump sum of $8,000 per year of service. The benefit level changed from $7,000 per year of service in the December 31, 2024 valuation to $8,000 per year of service in this valuation. City of Lake Elmo Volunteer Fire Department 10 Plan Member Detail* As of 12/31/2024 Member Name Status Date of Entry Total Service Credits Whole Service Years Vesting Status^ Vesting %^ Vested Benefit^ 12/31/2025 Liability& Projected Ben at Ret Adam Lembrich Active 11/4/2022 25 2 Not Vested 0% $0 $13,847 $160,000 Alex Beard Active 11/4/2022 25 2 Not Vested 0% $0 $11,605 $200,000 Alex Weil Active 11/4/2022 13 1 Not Vested 0% $0 $8,065 $184,000 Andrew Lilly Active 1/1/2024 12 1 Not Vested 0% $0 $8,960 $160,000 Andrew Pliner Active 12/2/2024 1 0 Not Vested 0% $0 $4,056 $176,000 Austin Eesley Active 12/2/2024 1 0 Not Vested 0% $0 $4,056 $176,000 Austin Pavelka Active 12/2/2024 1 0 Not Vested 0% $0 $4,201 $168,000 Bill Bermudez Active 1/6/2021 47 3 Not Vested 0% $0 $23,680 $168,000 Brent Anderson Active 7/16/2019 65 5 Vested 40% $16,000 $30,339 $160,000 Brian Johnson Active 12/8/1992 376 31 Vested 100% $248,000 $256,000 $256,000 Chris Klein Active 8/19/2008 193 16 Vested 84% $107,520 $122,713 $160,000 Colin Salchow Active 11/17/2021 37 3 Not Vested 0% $0 $15,947 $200,000 Dale Klitzke Active 8/17/2021 40 3 Not Vested 0% $0 $19,028 $160,000 Derek Johnson Active 12/2/2024 1 0 Not Vested 0% $0 $4,350 $160,000 Doug Lovett Active 6/21/2018 78 6 Vested 44% $21,120 $43,049 $160,000 Issaih Allickson Active 1/1/2023 23 1 Not Vested 0% $0 $11,605 $200,000 Jeffrey Aldridge Active 12/2/2024 1 0 Not Vested 0% $0 $4,350 $160,000 Jeremy Penman Active 5/19/2015 115 9 Vested 56% $40,320 $65,120 $160,000 Jordan Thone Active 1/1/2024 12 1 Not Vested 0% $0 $8,960 $160,000 Joshua Montgomery Active 1/1/2024 12 1 Not Vested 0% $0 $8,960 $160,000 Malachi Thomas Active 12/2/2024 1 0 Not Vested 0% $0 $3,645 $200,000 Matt Watt Active 11/4/2022 25 2 Not Vested 0% $0 $13,847 $160,000 Matthew Oppelt Active 12/2/2024 1 0 Not Vested 0% $0 $4,350 $160,000 Mike Schwarz Active 11/21/2018 73 6 Vested 44% $21,120 $28,460 $216,000 Nathaniel Wagner Active 9/21/2021 36 3 Not Vested 0% $0 $19,028 $160,000 Nicholas Rosenberg Active 1/1/2024 12 1 Not Vested 0% $0 $8,960 $160,000 Oluwole Awoyinka Active 10/29/2019 62 5 Vested 40% $16,000 $30,339 $160,000 Paul Edgerton Active 12/2/2024 1 0 Not Vested 0% $0 $4,350 $160,000 Quinn Malone Active 1/4/2021 47 3 Not Vested 0% $0 $20,549 $200,000 Barney Sachs Deferred $19,953 Brian Hauser Deferred $32,232 Lawrence Cornell Deferred $17,444 Lee Olson Deferred $27,937 Michael Cornell Deferred $35,998 Nicholas Witter Deferred $38,875 Noah Malmquist Deferred $32,775 Richie Springborn Deferred $109,770 Robin Goodspeed Deferred $74,480 Steve Rutkowski Deferred $68,294 *Information was provided by PERA for valuation purposes and should not be relied upon. Any changes in the data provided would produce different valuation results and estimated benefit amounts. ^Based only on service earned in the City of Lake Elmo Volunteer Fire Department. &May not sum to total liability shown elsewhere in this report due to rounding. Reflects data, assumption, methods and plan provisions as of December 31, 2025. Benefits for active members are based on a benefit level of $8,000 per whole year of service. Members are 40% vested at 5 years of service, increasing to 100% at 20 years of service. For a more complete description see page 9 of this report. The SVF Member Plan information should be shared in accordance with the Governing Bodies data practices, as PERA does not provide volunteer firefighters with individual benefit calculations. Date Type Due date for packet Order Agenda Section Agenda item 12/9/2025 CC Workshop 12/2/25 Communications Plan Public Hearing Notice and Process Discussion 2026 Personnel Policies Social Media Training Review Hwy 36/Keats Ave layout option 12/16/2025 CC Meeting 12/9/25 Presentation Donation from Lake Elmo Jaycees Consent Agenda Approve Massage Therapy License Renewals Consent Agenda 2026 Personnel Policies Consent Agenda Approve EDA Workplan Consent Agenda Accept donation from Lake Elmo Jaycees Consent Agenda Well 2 O&M grant award Regular 2026 Budgets & Levies Regular 2026 - 2035 CIP Regular 2026 Fee Schedule Regular Agenda Approve Municipal Consent Hwy 36/Lake Elmo Ave improvements Regular Agenda Approve Extended Contractor Working Hours-Hwy 36/LE Ave project 1/6/2026 CC Meeting 12/30/25 Consent Agenda Designate Official Depositories of Funds Consent Agenda Designate Official Publication Newspaper of Record Consent Agenda Adopt Resolution Designating Data Practice Officials and Approving City’s Data Practice Policy Consent Agenda Designate Authority for EFT Payments Consent Agenda Appoint City Attorney (Civil and Prosecution) Regular Agenda Appoint Acting Mayor Regular agenda Ramsey Washington Cable Commission Appointment Regular agenda Council School Liaison Appointment Consent Agenda Appoint City Engineer Regular Agenda 2026 Street & Utility - Final plans and authorize advertisement for bids 1/13/2026 CC Workshop 1/6/26 Discussion Obstructions in ROW Presentation Broadband Franchise presentation by Michael Bradley Discussion Joint Planning Commission and City Council Workshop Discussion Joint Parks Commission and City Council Workshop 1/20/2026 CC Meeting 1/13/2026 Regular Agenda Green Steps/Gold Leaf Presentation with Kristin Mroz (Pending) Consent Agenda 4th Quarter Dashboards and Financials Regular Agenda 4th Quarter Goals Update Regular Agenda Approve Cooperative Cost Share and Cooperative Maintenance agreements for Hwy 36/LE Ave 2/3/2026 CC Meeting 1/27/26 Consent Agenda 2026 Planning Commission Work Plan Consent Agenda 2026 Parks Commission Work Plan *Please note: This list is subject to change* 2/10/2026 CC Workshop 2/3/26 Discussion Sidewalk/Trail snow removal ordinance-continued from 5/6 Discussion Lake Elmo-No wake 2/17/2026 CC Meeting 2/10/26 Regular Agenda 2026 Street & Utility - Accept Bids and Award Contract 3/3/2026 CC Meeting 2/24/26 3/10/2026 CC Workshop 3/3/26 3/17/2025 CC Meeting 3/10/26