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HomeMy WebLinkAbout08-05-26 City Council Meeting PacketCity Council Meeting Wednesday, August 5, 2026 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 Approval Of Minutes 07 -07 -26 CITY COUNCIL MEETING MINUTES.PDF Consent Agenda Approve Payments And Disbursements APPROVE PAYMENTS AND DISBURSEMENTS.PDF 180 Acres –AUAR Renewal Approval COUNCIL MEMO -AUAR RENEWAL 180 ACRES.PDF ATTACHMENT -BM AUAR PROPOSAL.PDF ATTACHMENT -AUAR UPDATE_KIMLEY -HORN PROPOSAL.PDF Approve Deer Hunt In Sunfish Lake Park COUNCIL MEMO AND ATTACHMENTS -DEER HUNT.PDF RESOLUTION 2026 -057 AUTHORIZING DEER MGMT HUNT.PDF Approve Amendment To Farm Lease FARM LEASE AMENDMENT MEMO 8 -5 -26.PDF FIRST AMENDMENT TO FARM LEASE (SEE 180 ACRES).PDF Approve Easton Village Neighbors Market Special Event Permit STAFF REPORT - EASTON VILLAGE SPECIAL EVENT PERMIT.PDF SPECIAL EVENTS PERMIT APPLICATION.PDF Approve Special Event Permit For The Lake Elmo Street Dance STAFF REPORT - CITY EVENT.PDF CITY STREET DANCE EVENT APPLICATION_2026.PDF STREET DANCE VENDOR MAP7_29.PDF Approve Pay Request No. 2 (FINAL) For The 2025 Seal Coat Project COUNCIL MEMO -2025 SEAL COAT PR 2 FINAL AGENDA ITEM.PDF PAY REQUEST -137950 SIGNED PAY REQUEST 2 FINAL.PDF Accept Improvements And Approve Security Reduction For MEP Lake Elmo LLC (Milestones Daycare Center) COUNCIL MEMO -MILESTONES -ACCEPT IMP AND APPROVE LOC.PDF SECURITY REDUCTION WKSHT -MILESTONES.PDF CERTIFICATE_OF_COMPLETION MILESTONES DAYCARE.PDF Approve MPCA Grant Agreement For Cimarron Park Water System Connection STAFF REPORT -APPROVE MPCA GRANT FOR CIMARRON WATER CONNECTION.PDF 1 -MPCA GRANT AGREEMENT -SWIFT CONTRACT 294158.PDF Regular Agenda Change In Payroll And Compensation Policy STAFF REPORT -PAYROLL AND COMPENSATION POLICY UPDATE FOR FULL TIME FIREFIGHTERS.PDF Zoning Text Amendment And Conditional Use Permit –9591 60th St (MYP) Senior Planner Sophia Jensen presenting CC MEMO -MYP ZONING TEXT AMENDMENT AND CUP.PDF ORD 2026 -11 -LANDSCAPE SUPPLY SALES IN AG DISTRICT.PDF RES 2026 -055 - MYP CONDITIONAL USE PERMIT.PDF RES 2026 -056 SUM OF PUB LANDSCAPE SUPPLY.PDF CC PRESENTATION - MYP ZTA AND CUP.PDF Tap & Ladder/Machete Update. Plan B Discussion For The Machete Site Community Development Director Jason Stopa presenting COUNCIL MEMO - TAP AND LADDER -MACHETEUPDATE.PDF ATTACHMENT - PRESENTATION CITY COUNCIL UPDATE - PARKS BUIDLING REDEVELOPMENT.PDF ATTACHMENT - NARRATIVE PARKS BUILDING CONTINGENCY PLAN.PDF Council Reports Staff Reports Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjourn 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. Documents: F. 1. Documents: 2. Documents: 3. Documents: 4. Documents: 5. Documents: 6. Documents: 7. Documents: 8. Documents: 9. Documents: G. 1. Documents: 2. Documents: 3. Documents: H. I. 1. Documents: J. City Council MeetingWednesday, August 5, 2026 7:00 p.m.City of Lake Elmo | 3880 Laverne Avenue NorthAGENDACall To Order/Pledge Of AllegianceApproval Of AgendaPresentationsPublic Comments/InquiriesApproval Of Minutes07-07 -26 CITY COUNCIL MEETING MINUTES.PDFConsent AgendaApprove Payments And DisbursementsAPPROVE PAYMENTS AND DISBURSEMENTS.PDF180 Acres –AUAR Renewal ApprovalCOUNCIL MEMO -AUAR RENEWAL 180 ACRES.PDFATTACHMENT -BM AUAR PROPOSAL.PDFATTACHMENT -AUAR UPDATE_KIMLEY -HORN PROPOSAL.PDFApprove Deer Hunt In Sunfish Lake ParkCOUNCIL MEMO AND ATTACHMENTS -DEER HUNT.PDFRESOLUTION 2026 -057 AUTHORIZING DEER MGMT HUNT.PDF Approve Amendment To Farm Lease FARM LEASE AMENDMENT MEMO 8 -5 -26.PDF FIRST AMENDMENT TO FARM LEASE (SEE 180 ACRES).PDF Approve Easton Village Neighbors Market Special Event Permit STAFF REPORT - EASTON VILLAGE SPECIAL EVENT PERMIT.PDF SPECIAL EVENTS PERMIT APPLICATION.PDF Approve Special Event Permit For The Lake Elmo Street Dance STAFF REPORT - CITY EVENT.PDF CITY STREET DANCE EVENT APPLICATION_2026.PDF STREET DANCE VENDOR MAP7_29.PDF Approve Pay Request No. 2 (FINAL) For The 2025 Seal Coat Project COUNCIL MEMO -2025 SEAL COAT PR 2 FINAL AGENDA ITEM.PDF PAY REQUEST -137950 SIGNED PAY REQUEST 2 FINAL.PDF Accept Improvements And Approve Security Reduction For MEP Lake Elmo LLC (Milestones Daycare Center) COUNCIL MEMO -MILESTONES -ACCEPT IMP AND APPROVE LOC.PDF SECURITY REDUCTION WKSHT -MILESTONES.PDF CERTIFICATE_OF_COMPLETION MILESTONES DAYCARE.PDF Approve MPCA Grant Agreement For Cimarron Park Water System Connection STAFF REPORT -APPROVE MPCA GRANT FOR CIMARRON WATER CONNECTION.PDF 1 -MPCA GRANT AGREEMENT -SWIFT CONTRACT 294158.PDF Regular Agenda Change In Payroll And Compensation Policy STAFF REPORT -PAYROLL AND COMPENSATION POLICY UPDATE FOR FULL TIME FIREFIGHTERS.PDF Zoning Text Amendment And Conditional Use Permit –9591 60th St (MYP) Senior Planner Sophia Jensen presenting CC MEMO -MYP ZONING TEXT AMENDMENT AND CUP.PDF ORD 2026 -11 -LANDSCAPE SUPPLY SALES IN AG DISTRICT.PDF RES 2026 -055 - MYP CONDITIONAL USE PERMIT.PDF RES 2026 -056 SUM OF PUB LANDSCAPE SUPPLY.PDF CC PRESENTATION - MYP ZTA AND CUP.PDF Tap & Ladder/Machete Update. Plan B Discussion For The Machete Site Community Development Director Jason Stopa presenting COUNCIL MEMO - TAP AND LADDER -MACHETEUPDATE.PDF ATTACHMENT - PRESENTATION CITY COUNCIL UPDATE - PARKS BUIDLING REDEVELOPMENT.PDF ATTACHMENT - NARRATIVE PARKS BUILDING CONTINGENCY PLAN.PDF Council Reports Staff Reports Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjourn 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.Documents:F.1.Documents:2.Documents:3.Documents: 4. Documents: 5. Documents: 6. Documents: 7. Documents: 8. Documents: 9. Documents: G. 1. Documents: 2. Documents: 3. Documents: H. I. 1. Documents: J. City Council MeetingWednesday, August 5, 2026 7:00 p.m.City of Lake Elmo | 3880 Laverne Avenue NorthAGENDACall To Order/Pledge Of AllegianceApproval Of AgendaPresentationsPublic Comments/InquiriesApproval Of Minutes07-07 -26 CITY COUNCIL MEETING MINUTES.PDFConsent AgendaApprove Payments And DisbursementsAPPROVE PAYMENTS AND DISBURSEMENTS.PDF180 Acres –AUAR Renewal ApprovalCOUNCIL MEMO -AUAR RENEWAL 180 ACRES.PDFATTACHMENT -BM AUAR PROPOSAL.PDFATTACHMENT -AUAR UPDATE_KIMLEY -HORN PROPOSAL.PDFApprove Deer Hunt In Sunfish Lake ParkCOUNCIL MEMO AND ATTACHMENTS -DEER HUNT.PDFRESOLUTION 2026 -057 AUTHORIZING DEER MGMT HUNT.PDFApprove Amendment To Farm LeaseFARM LEASE AMENDMENT MEMO 8 -5 -26.PDFFIRST AMENDMENT TO FARM LEASE (SEE 180 ACRES).PDFApprove Easton Village Neighbors Market Special Event PermitSTAFF REPORT - EASTON VILLAGE SPECIAL EVENT PERMIT.PDFSPECIAL EVENTS PERMIT APPLICATION.PDFApprove Special Event Permit For The Lake Elmo Street Dance STAFF REPORT - CITY EVENT.PDFCITY STREET DANCE EVENT APPLICATION_2026.PDFSTREET DANCE VENDOR MAP7_29.PDFApprove Pay Request No. 2 (FINAL) For The 2025 Seal Coat ProjectCOUNCIL MEMO -2025 SEAL COAT PR 2 FINAL AGENDA ITEM.PDFPAY REQUEST -137950 SIGNED PAY REQUEST 2 FINAL.PDFAccept Improvements And Approve Security Reduction For MEP Lake Elmo LLC (Milestones Daycare Center)COUNCIL MEMO -MILESTONES -ACCEPT IMP AND APPROVE LOC.PDFSECURITY REDUCTION WKSHT -MILESTONES.PDFCERTIFICATE_OF_COMPLETION MILESTONES DAYCARE.PDFApprove MPCA Grant Agreement For Cimarron Park Water System ConnectionSTAFF REPORT -APPROVE MPCA GRANT FOR CIMARRON WATER CONNECTION.PDF1-MPCA GRANT AGREEMENT -SWIFT CONTRACT 294158.PDFRegular AgendaChange In Payroll And Compensation PolicySTAFF REPORT -PAYROLL AND COMPENSATION POLICY UPDATE FOR FULL TIME FIREFIGHTERS.PDFZoning Text Amendment And Conditional Use Permit –9591 60th St (MYP) Senior Planner Sophia Jensen presenting CC MEMO -MYP ZONING TEXT AMENDMENT AND CUP.PDF ORD 2026 -11 -LANDSCAPE SUPPLY SALES IN AG DISTRICT.PDF RES 2026 -055 - MYP CONDITIONAL USE PERMIT.PDF RES 2026 -056 SUM OF PUB LANDSCAPE SUPPLY.PDF CC PRESENTATION - MYP ZTA AND CUP.PDF Tap & Ladder/Machete Update. Plan B Discussion For The Machete Site Community Development Director Jason Stopa presenting COUNCIL MEMO - TAP AND LADDER -MACHETEUPDATE.PDF ATTACHMENT - PRESENTATION CITY COUNCIL UPDATE - PARKS BUIDLING REDEVELOPMENT.PDF ATTACHMENT - NARRATIVE PARKS BUILDING CONTINGENCY PLAN.PDF Council Reports Staff Reports Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjourn 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.Documents:F.1.Documents:2.Documents:3.Documents:4.Documents:5.Documents:6.Documents:7.Documents:8.Documents:9.Documents:G.1.Documents:2. Documents: 3. Documents: H. I. 1. Documents: J. P a g e 1 | 4 C I T Y O F L A K E E L M O C I T Y C O U N C I L M I N U T E S J u l y 7 , 2 0 2 6 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Cadenhead called the meeting to order at 7:00 pm. PRESENT:Mayor Charles Cadenhead and Councilmembers Nick Dragisich,Matt Hirn,Jeff Holtz, and Nick Kragness. Staff present:Administrator Miller,City Attorney Sonsalla,City Engineer Stanley,Administrative Services Director Doyle,Public Works Director Tholen,Assistant Public Works Director Swanepoel, Finance Director Hadler, Finance Coordinator Kraemer and Contract Planner Fuerst. APPROVAL OF AGENDA Councilmember Holtz, seconded by Councilmember Hirn, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 5 – 0. PRESENTATIONS Andrea Rehm, Washington County Planner II, presented a project overview, information on community engagement and next steps for the Phalen Keller Regional Trail. PUBLIC COMMENTS / INQUIRIES None ACCEPT MINUTES Councilmember Holtz, seconded by Councilmember Dragisich, moved TO ACCEPT THE MINUTES OF THE JUNE 2, 2026 AND JUNE 16, 2026 CITY COUNCIL MEETINGS AS PRESENTED. Motion passed 5 – 0. CONSENT AGENDA 1.Approve Payment of Disbursements 2.Appoint 2026 Election Judges P a g e 2 | 4 3.Approve Full Time Firefighter Hire 4.Accept Donation to the Fire Department from Dairy Queen 5.Approve Lake Elmo Elementary Development Agreement – First Amendment 6.Approve Oak Land Middle School - Site Improvement Agreement First Amendment 7.Approve Pay Request #1 for Test Well 6 8.Accept Bids and Award a Contract for the 2026 Seal Coat Project 9.Accept Quotes and Award a Contract for the 2026 Striping Project 10.Approve Release of Warranty Security for the Ebertz Addition (Drake Motor Partners, LLC) 11.Approve Cooperative Agreement Payment #1 for TH36-Lake Elmo Avenue Improvements Councilmember Holtz, seconded by Councilmember Kragness, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. REGULAR AGENDA ITEM 1: Presentation & Acceptance of the 2025 Annual Comprehensive Financial Report Ryan Schmidt, Schlenner Wenner, presented the process and results of the 2025 Audit, noting that the city received an unmodified opinion which is the highest rating. ITEM 2: Purchasing Policy Revisions Finance Director Hadler reviewed proposed updates to the city’s purchasing policy based on staff recommendations and discussion at the May City Council Workshop. Discussion was held. Councilmember Dragisich stated he would not support the policy due to the lack of council approval for change orders. Councilmember Holtz, seconded by Councilmember Hirn, moved TO ADOPT REVISIONS TO THE CITY OF LAKE ELMO PURCHASING POLICY. Motion passed 4 – 1 (Dragisich – nay). ITEM 3: Highpointe Crossing Final Plat Contract Planner Fuerst presented a request from Rachel Development for final plat approval for a single family development of 18 lots on approximately 80 acres of land. P a g e 3 | 4 Councilmember Hirn, seconded by Councilmember Kragness, moved TO ADOPT RESOLUTION 2026-48 APPROVING THE FINAL PLAT FOR HIGHPOINT CROSSING, AS REQUESTED BY RACHEL DEVELOPMENT FOR THE SUBJECT PROPERTY BASED ON THE FINDINGS AND CONDITIONS LISTED THEREIN. Motion passed 5 – 0. ITEM 4: Highpointe Crossing Development Agreement Councilmember Hirn, seconded by Councilmember Kragness, moved TO ADOPT RESOLUTION 2026-049 APPROVING THE DEVELOPER’S AGREEMENT FOR HIGHPOINTE CROSSING BASED ON THE FINDINGS OF FACT AND RECOMMENDATIONS THEREIN. Motion passed 5 – 0. ITEM 5: Mayor and Councilmember Salaries Administrative Services Director Doyle reviewed the proposed ordinance that was based on discussion at a council workshop. Councilmember Holtz, seconded by Councilmember Hirn, moved TO ADOPT ORDINANCE 2026- 08 SETTING THE SALARIES OF THE MAYOR AND COUNCILMEMBERS. Motion passed 5 – 0. ITEM 6: Engineering Services for South Water Treatment Plant Senior Project Manager Griffin discussed transitioning engineering services to Bolton-Menk, Inc. to make the council aware of the potential change that would continue access to two key water treatment plant experts that were recently hired by Bolton-Menk. ITEM 7: Stormwater Utility Code Review City Engineer Stanley provided an overview of the review conducted by his firm. Tim Olson, Principal Water Resources Engineer at Bolton-Menk, reviewed the existing ordinance, current methodology, rate changes, appeals process, HOA maintenance agreements, and findings. Engineer Stanley stated that staff recommends maintaining the current stormwater utility rate methodology and requested feedback from the council regarding the appeal process. Discussion was held regarding equity in determining stormwater fees, process for addressing appeals P a g e 4 | 4 COUNCIL REPORTS Mayor Cadenhead: Reported on the 4th of July Kids Parade Councilmember Holtz: Reported that Young Eagles will be doing free flights at the Lake Elmo Airport on Saturday, July 11th. Also reported on the downtown flag banners. Councilmember Hirn: Reported that the downtown banners look great and thanked Mayor Cadenhead for participating in the dunk tank at the 4th of July parade. STAFF REPORTS AND ANNOUNCEMENTS City Administrator Miller: Reported on the City Center art program, LMC conference and teambuilding. Provided an update on planning for the city event in September. Finance Director Hadler reported online payment system will be offline for maintenance on July 9th. Meeting adjourned at 9:52 p.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Charles Cadenhead, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT DATE: 08/05/2026 CONSENT TO: Mayor and Councilmembers FROM: Clarissa Hadler, Finance Director, Mike Kuehn, Finance AGENDA ITEM: Payments & Disbursements CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Responsive, transparent, adaptive governance ☐Managed Growth ☐ Efficient, reliable, innovative services ☒ Balanced Finances now and future ☐ Resilient Infrastructure BACKGROUND: The City of Lake Elmo maintains a fiduciary responsibility to conduct normal business operations. Below is a summary of current claims scheduled for disbursement and payment in full compliance with applicable state statutes and City policies and procedures. The City Council approved revisions to the Purchasing Policy at the July 7, 2026 meeting. During that discussion, staff outlined how they would be revising the A/P practice to more fully incorporate the policy that delegates certain purchases and disbursements to the City Administrator. The reports and motions herein reflect those changes. ISSUE BEFORE COUNCIL: Should the Council approve the attached Accounts Payable lists? FISCAL IMPACT: Disbursements Description Amount Payroll 07/23/2026 $ 194,798.33 Accounts Payable – 8/6 City Council Approval List $ 763,892.14 Accounts Payable – 8/6 City Administrator Approval List $ 245,499.33 TOTAL $ 1,204,189.80 RECOMMENDATION: (if pulled from Consent) “Motion to approve the City Council Approval List and accept all disbursements approved by the City Administrator in the attached lists totaling $ 1,204,189.80” ATTACHMENTS: 1. Accounts Payable – 8/6 City Council Approval List 2. Accounts Payable – 8/6 City Administrator Approval List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Hoffman & McNamara Fund: 209 TREE FUND Department: 3250 Tree Program 209-3250-42150 BLVD TREES Hoffman & McNamara BLVD TREES 27,572.14 None Total Department 3250 Tree Program 27,572.14 Total Fund 209 TREE FUND 27,572.14 Total Vendor Hoffman & McNamara:27,572.14 Vendor: Union Pacific Railroad Company Fund: 430 RAILROAD IMPROVEMENTS Department: 8091 RR Crossing Improvements 430-8091-45805-8091 UPRR - VILLAGE PKWY CROSSI Union Pacific Railroad Com UPRR - VILLAGE PKWY CROSSING IMPRVMTS 40,681.70 None Total Department 8091 RR Crossing Improvements 40,681.70 Total Fund 430 RAILROAD IMPROVEMENTS 40,681.70 Total Vendor Union Pacific Railroad Company:40,681.70 Vendor: Washington County Sheriff Fund: 101 GENERAL FUND Department: 2100 POLICE 101-2100-43150 JAN-JUNE 2026 POLICE SERVI Washington County Sheriff JAN-JUNE 2026 POLICE SERVICES 695,638.30 None Total Department 2100 POLICE 695,638.30 Total Fund 101 GENERAL FUND 695,638.30 Total Vendor Washington County Sheriff:695,638.30 07/30/2026 01:01 PM Page:1/2 City Council List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number --- TOTALS BY FUND --- 101 GENERAL FUND 695,638.30 209 TREE FUND 27,572.14 430 RAILROAD IMPROVEMENTS 40,681.70 Total For All Funds:763,892.14 07/30/2026 01:01 PM Page:2/2 City Council List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: American Test Center Fund: 101 GENERAL FUND Department: 2220 Fire 101-2220-44040 E1 GROUND LADDER ANNUAL IN American Test Center E1 GROUND LADDER ANNUAL INSPECTIONS T 450.00 None Total Department 2220 Fire 450.00 Total Fund 101 GENERAL FUND 450.00 Total Vendor American Test Center:450.00 Vendor: Aspen Mills Fund: 101 GENERAL FUND Department: 2220 Fire 101-2220-44170 UNIFORMS - JB Aspen Mills UNIFORMS - JB 254.80 None 101-2220-44170 UNIFORMS - NW Aspen Mills UNIFORMS - NW 711.63 None 101-2220-44170 UNIFORMS - KT Aspen Mills UNIFORMS - KT 254.80 None 101-2220-44170 UNIFORMS - MM Aspen Mills UNIFORMS - MM 254.80 None 101-2220-44170 UNIFORMS - JH Aspen Mills UNIFORMS - JH 366.65 None 101-2220-44170 UNIFORMS - NW Aspen Mills UNIFORMS - NW 26.85 None Total Department 2220 Fire 1,869.53 Total Fund 101 GENERAL FUND 1,869.53 Total Vendor Aspen Mills:1,869.53 Vendor: AutoZone Inc Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-44040 PW - MAINT _BREAKAWAY SWIT AutoZone Inc PW - MAINT _BREAKAWAY SWITCH 18.42 None 101-3100-44040 PW -LED 4 IN ROUND PATCH T AutoZone Inc PW -LED 4 IN ROUND 22.30 None Total Department 3100 Public Works 40.72 Department: 5200 Parks & Recreation 101-5200-42150 PW_TRUCK D6 BATTERY - CRED AutoZone Inc PW_TRUCK D6 BATTERY - CREDIT (30.00)None 101-5200-44040 PW - MAINTENANCE SUPPLIES AutoZone Inc PW - MAINT SUPPS - BATTERIES MOWER CR (10.00)None 101-5200-44040 PW - SPIN ON MOWER FITTING AutoZone Inc PW - SPIN ON 2.69 None 101-5200-44040 PW - SUPPLIES TRUCK P4 & P AutoZone Inc PW - SUPPLIES 75.63 None 101-5200-44040 PW - SUPPLIES TRUCK P3 AutoZone Inc PW - SUPPLIES 34.61 None Total Department 5200 Parks & Recreation 72.93 Total Fund 101 GENERAL FUND 113.65 Fund: 601 WATER Department: 9400 WATER 601-9400-44040 PW - SPIN ON XL TRUCK W4 AutoZone Inc PW - SPIN ON XL 11.58 None Total Department 9400 WATER 11.58 Total Fund 601 WATER 11.58 Total Vendor AutoZone Inc:125.23 Vendor: Bound Tree Medical LLC Fund: 101 GENERAL FUND Department: 2220 Fire 101-2220-42080 EMS Supplies Bound Tree Medical LLC EMS SUPPLIES 39.66 None Total Department 2220 Fire 39.66 07/30/2026 01:03 PM Page:1/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Bound Tree Medical LLC Fund: 101 GENERAL FUND Total Fund 101 GENERAL FUND 39.66 Total Vendor Bound Tree Medical LLC:39.66 Vendor: BS&A Software LLC Fund: 601 WATER Department: 9400 WATER 601-9400-44377 CREDIT CARD FEES - JUNE BS&A Software LLC CREDIT CARD FEES - JUNE 181.47 None Total Department 9400 WATER 181.47 Total Fund 601 WATER 181.47 Fund: 602 SEWER Department: 9450 SEWER 602-9450-44377 CREDIT CARD FEES - JUNE BS&A Software LLC CREDIT CARD FEES - JUNE 128.19 None Total Department 9450 SEWER 128.19 Total Fund 602 SEWER 128.19 Fund: 603 STORMWATER Department: 9500 SURFACE WATER 603-9500-44377 CREDIT CARD FEES - JUNE BS&A Software LLC CREDIT CARD FEES - JUNE 123.69 None Total Department 9500 SURFACE WATER 123.69 Total Fund 603 STORMWATER 123.69 Total Vendor BS&A Software LLC:433.35 Vendor: Century Power Equipment Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-44040 MAINTENANCE/PARTS_CASE DRA Century Power Equipment MAINTENANCE/PARTS_CASE DRAIN HOSE 119.59 None Total Department 3100 Public Works 119.59 Total Fund 101 GENERAL FUND 119.59 Total Vendor Century Power Equipment:119.59 Vendor: Cintas Corp Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-42150 RUGS/SOAP/RAGS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 100.22 None 101-3100-42150 RUGS/SOAP/RAGS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 168.65 None 101-3100-44170 PW - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 104.65 None 101-3100-44170 PW - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 104.65 None Total Department 3100 Public Works 478.17 Department: 5200 Parks & Recreation 101-5200-44170 PARK & REC - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 24.15 None 101-5200-44170 PARK & REC - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 24.15 None Total Department 5200 Parks & Recreation 48.30 Total Fund 101 GENERAL FUND 526.47 Fund: 601 WATER Department: 9400 WATER 601-9400-44170 WATER - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 19.32 None 07/30/2026 01:03 PM Page:2/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Cintas Corp Fund: 601 WATER Department: 9400 WATER 601-9400-44170 WATER - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 19.32 None Total Department 9400 WATER 38.64 Total Fund 601 WATER 38.64 Fund: 602 SEWER Department: 9450 SEWER 602-9450-44170 SEWER - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 8.05 None 602-9450-44170 SEWER - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 8.05 None Total Department 9450 SEWER 16.10 Total Fund 602 SEWER 16.10 Fund: 603 STORMWATER Department: 9500 SURFACE WATER 603-9500-44170 SURFACE WATER - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 4.83 None 603-9500-44170 SURFACE WATER - UNIFORMS Cintas Corp CLEANING, MAINT & SUPPLIES - PW 4.83 None Total Department 9500 SURFACE WATER 9.66 Total Fund 603 STORMWATER 9.66 Fund: 703 CITY CENTER OPERATIONS (ISF) Department: 0000 General 703-0000-42110 JANITORIAL SUPPLIES Cintas Corp RUGS / JANITORIAL SUPPLIES 269.16 None 703-0000-42111 RUGS Cintas Corp RUGS / JANITORIAL SUPPLIES 159.70 None Total Department 0000 General 428.86 Total Fund 703 CITY CENTER OPERATIONS (ISF)428.86 Total Vendor Cintas Corp:1,019.73 Vendor: City of Bloomington - Civic Plaza Fund: 601 WATER Department: 9400 WATER 601-9400-43150 LAB BACT TESTING City of Bloomington - Civi WATER SAMPLE TESTING 140.00 None Total Department 9400 WATER 140.00 Total Fund 601 WATER 140.00 Total Vendor City of Bloomington - Civic Plaza:140.00 Vendor: City of Saint Paul Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-42240 POTHOLE MIX City of Saint Paul POTHOLE MIX 1,261.27 None Total Department 3100 Public Works 1,261.27 Total Fund 101 GENERAL FUND 1,261.27 Total Vendor City of Saint Paul:1,261.27 Vendor: Companion Animal Control Fund: 101 GENERAL FUND Department: 2700 Animal Control 101-2700-43150 Monthly Animal Control Svc Companion Animal Control Monthly Companion Animal Control 1,625.75 None 07/30/2026 01:03 PM Page:3/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Companion Animal Control Fund: 101 GENERAL FUND Department: 2700 Animal Control Total Department 2700 Animal Control 1,625.75 Total Fund 101 GENERAL FUND 1,625.75 Total Vendor Companion Animal Control:1,625.75 Vendor: CORE & MAIN LP Fund: 601 WATER Department: 9400 WATER 601-9400-42300 METERS CORE & MAIN LP METERS 3,840.00 None Total Department 9400 WATER 3,840.00 Total Fund 601 WATER 3,840.00 Total Vendor CORE & MAIN LP:3,840.00 Vendor: ECM Publishers Inc Fund: 101 GENERAL FUND Department: 1410 Elections 101-1410-43510 Primary Election PAT Test ECM Publishers Inc PRIMARY ELECTION PAT TEST 42.50 None Total Department 1410 Elections 42.50 Total Fund 101 GENERAL FUND 42.50 Total Vendor ECM Publishers Inc:42.50 Vendor: Emergency Apparatus Maint Inc Fund: 101 GENERAL FUND Department: 2220 Fire 101-2220-44040 TENDER 1 FAILED PUMP TEST Emergency Apparatus Maint TENDER 1 FAILED PUMP TEST REPAIRS 9,733.10 None 101-2220-44040 L1 EGR COOLER REPLACEMENT Emergency Apparatus Maint L1 EGR COOLER REPLACEMENT - FAILED PU 10,774.91 None Total Department 2220 Fire 20,508.01 Total Fund 101 GENERAL FUND 20,508.01 Total Vendor Emergency Apparatus Maint Inc:20,508.01 Vendor: Foremost Promotions Fund: 101 GENERAL FUND Department: 2220 Fire 101-2220-42090 KIDS FIRE HELMET GIVEAWAYS Foremost Promotions KIDS FIRE HELMET GIVEAWAYS 1,093.67 None Total Department 2220 Fire 1,093.67 Total Fund 101 GENERAL FUND 1,093.67 Total Vendor Foremost Promotions:1,093.67 Vendor: Hartman Homes Fund: 803 ESCROW FUND Department: 0000 General 803-0000-22900 ESCROW RELEASE - 2247 LAKE Hartman Homes ESCROW RELEASE - 2247 LAKE ELMO AVE -10,000.00 None Total Department 0000 General 10,000.00 Total Fund 803 ESCROW FUND 10,000.00 Total Vendor Hartman Homes:10,000.00 07/30/2026 01:03 PM Page:4/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Hawkins Inc Fund: 601 WATER Department: 9400 WATER 601-9400-42160 WELL CHEMICALS Hawkins Inc WELL CHEMICALS 2,319.77 None Total Department 9400 WATER 2,319.77 Total Fund 601 WATER 2,319.77 Total Vendor Hawkins Inc:2,319.77 Vendor: Hoffman & McNamara Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-43150 OLD VILLAGE GARDEN PROJECT Hoffman & McNamara OLD VILLAGE GARDEN PROJECT 2,276.50 None Total Department 3100 Public Works 2,276.50 Total Fund 101 GENERAL FUND 2,276.50 Fund: 209 TREE FUND Department: 3250 Tree Program 209-3250-42150 BLVD TREES Hoffman & McNamara BLVD TREES 776.68 None Total Department 3250 Tree Program 776.68 Total Fund 209 TREE FUND 776.68 Total Vendor Hoffman & McNamara:3,053.18 Vendor: Hoisington Koegler Group Inc Fund: 101 GENERAL FUND Department: 1910 Planning & Zoning 101-1910-43150 GENERAL SERVICES Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 1,361.25 None 101-1910-43150 OLD CITY HALL Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 2,656.25 None Total Department 1910 Planning & Zoning 4,017.50 Department: 3100 Public Works 101-3100-43150 OLD VILLAGE GARDEN PROJECT Hoisington Koegler Group I OLD VILLAGE GARDEN PROJECT 550.25 None Total Department 3100 Public Works 550.25 Total Fund 101 GENERAL FUND 4,567.75 Fund: 209 TREE FUND Department: 3250 Tree Program 209-3250-43150 BLVD TREE Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 1,863.42 None Total Department 3250 Tree Program 1,863.42 Total Fund 209 TREE FUND 1,863.42 Fund: 803 ESCROW FUND Department: 9001 E001 - 39TH ST-PRAIRIE SKY 803-9001-43150 PRAIRIE SKY Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 620.00 None Total Department 9001 E001 - 39TH ST-PRAIRIE SKY 620.00 Department: 9008 E008 - AT HOME APTS 803-9008-43150 AT HOME Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 544.00 None Total Department 9008 E008 - AT HOME APTS 544.00 Department: 9011 E011 - BRIDGEWATER VILLAGE (FKA NORTHSHO 803-9011-43150 BRIDGWATER VILLAGE Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 368.75 None 07/30/2026 01:03 PM Page:5/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Hoisington Koegler Group Inc Fund: 803 ESCROW FUND Department: 9011 E011 - BRIDGEWATER VILLAGE (FKA NORTHSHO 803-9011-43150 BRIDGEWATER VILL - BANK SI Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 925.00 None Total Department 9011 E011 - BRIDGEWATER VILLAGE (FKA NORTHSHO 1,293.75 Department: 9016 E016 - EBERHARD (HIGHPOINTE CROSSING -22 803-9016-43150 RACHEL-EBERHARD-HIGHPOINTE Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 232.50 None Total Department 9016 E016 - EBERHARD (HIGHPOINTE CROSSING -22 232.50 Department: 9017 E017 - ENTERPRISE 803-9017-43150 ENTERPRISE Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 543.15 None Total Department 9017 E017 - ENTERPRISE 543.15 Department: 9022 E022 - KOKORO VOLLEYBALL 803-9022-43150 KOKORO Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 912.93 None Total Department 9022 E022 - KOKORO VOLLEYBALL 912.93 Department: 9023 E023 - LAKE ELMO ELEMENTARY 803-9023-43150 LE ELEM Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 77.50 None Total Department 9023 E023 - LAKE ELMO ELEMENTARY 77.50 Department: 9026 E026 - LAKEWOOD CROSSING - STARBUCKS 803-9026-43150 LAKEWOOD CROSS - STARBUCKS Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 347.80 None Total Department 9026 E026 - LAKEWOOD CROSSING - STARBUCKS 347.80 Department: 9028 E028 - LEGACY AT NORTHSTAR 2ND 803-9028-43150 LEGACY AT NS 2ND Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 28.75 None Total Department 9028 E028 - LEGACY AT NORTHSTAR 2ND 28.75 Department: 9029 E029 - LEGACY AT NORTHSTAR 3RD 803-9029-43150 LEGACY AT NS 3RD Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 57.50 None Total Department 9029 E029 - LEGACY AT NORTHSTAR 3RD 57.50 Department: 9032 E032 - LIL EXPLORERS DAYCARE (39TH ST) - 803-9032-43150 LIL EXPLORERS-MILESTONES 3 Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 190.30 None Total Department 9032 E032 - LIL EXPLORERS DAYCARE (39TH ST) -190.30 Department: 9034 E034 - MILESTONES @ EAGLE POINT 803-9034-43150 MILESTONES AT EAGLE PT Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 226.25 None Total Department 9034 E034 - MILESTONES @ EAGLE POINT 226.25 Department: 9035 E035 - NORTHPORT 1ST 803-9035-43150 NORTHPORT 1ST Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 90.00 None Total Department 9035 E035 - NORTHPORT 1ST 90.00 Department: 9036 E036 - NORTHPORT 2ND 803-9036-43150 NORTHPORT 2ND Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 60.00 None Total Department 9036 E036 - NORTHPORT 2ND 60.00 Department: 9037 E037 - NORTHPORT 3RD 803-9037-43150 NORTHPORT 3RD Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 60.00 None Total Department 9037 E037 - NORTHPORT 3RD 60.00 Department: 9048 E048 - SAVONA 3RD 803-9048-43150 SAVONA 3RD Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 180.00 None Total Department 9048 E048 - SAVONA 3RD 180.00 07/30/2026 01:03 PM Page:6/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Hoisington Koegler Group Inc Fund: 803 ESCROW FUND Department: 9049 E049 - SCHILTGEN/NORTHSTAR 1ST 803-9049-43150 SCHILTGEN NORTHSTAR 1ST Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 86.25 None Total Department 9049 E049 - SCHILTGEN/NORTHSTAR 1ST 86.25 Department: 9050 E050 - SCHILTGEN/NORTHSTAR 2ND 803-9050-43150 SCHILTGEN NORTHSTAR 2ND Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 67.50 None Total Department 9050 E050 - SCHILTGEN/NORTHSTAR 2ND 67.50 Department: 9051 E051 - SOLAR FARM - CEF 803-9051-43150 SOLAR FARM CEF Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 30.00 None Total Department 9051 E051 - SOLAR FARM - CEF 30.00 Department: 9058 E058 - WILDFLOWER 3RD 803-9058-43150 WILDFLOWER 3RD Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 30.00 None Total Department 9058 E058 - WILDFLOWER 3RD 30.00 Department: 9060 E060 803-9060-43150 DQ Hoisington Koegler Group I MONTHLY LANDSCAPE SERVICES 791.00 None Total Department 9060 E060 791.00 Total Fund 803 ESCROW FUND 6,469.18 Total Vendor Hoisington Koegler Group Inc:12,900.35 Vendor: INDIGITAL INC Fund: 101 GENERAL FUND Department: 2400 Building Inspection 101-2400-43150 BUILDING FILES INDIGITAL INC BUILDING & PLANNING SCANNING 3,253.09 None Total Department 2400 Building Inspection 3,253.09 Total Fund 101 GENERAL FUND 3,253.09 Total Vendor INDIGITAL INC:3,253.09 Vendor: IUOE Local 49 Fringe Benefit Fund Fund: 101 GENERAL FUND Department: 0000 General 101-0000-21713 LOCAL 49 MONTHLY HEALTH IN IUOE Local 49 Fringe Benef LOCAL 49 MONTHLY HEALTH INS PREM-SEP 15,075.00 None Total Department 0000 General 15,075.00 Total Fund 101 GENERAL FUND 15,075.00 Total Vendor IUOE Local 49 Fringe Benefit Fund:15,075.00 Vendor: JAMES VAN DUSEN Fund: 601 WATER Department: 0000 General 601-0000-11500 OVERPAYMENT JAMES VAN DUSEN UB REFUND FOR ACCOUNT: 01-00004030-00 107.20 None Total Department 0000 General 107.20 Total Fund 601 WATER 107.20 Total Vendor JAMES VAN DUSEN:107.20 Vendor: John Ficcadenti Fund: 101 GENERAL FUND Department: 1110 Mayor & Council 07/30/2026 01:03 PM Page:7/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: John Ficcadenti Fund: 101 GENERAL FUND Department: 1110 Mayor & Council 101-1110-44301 BOUNCE HOUSES FOR 2026 CIT John Ficcadenti BOUNCE HOUSES FOR 2026 CITY CELEBRATI 1,425.00 None Total Department 1110 Mayor & Council 1,425.00 Total Fund 101 GENERAL FUND 1,425.00 Total Vendor John Ficcadenti:1,425.00 Vendor: Kath Fuel Oil Service Co Fund: 101 GENERAL FUND Department: 2220 Fire 101-2220-42120 FIRE - OFF ROAD Kath Fuel Oil Service Co OFF ROAD 1,354.88 None Total Department 2220 Fire 1,354.88 Department: 2400 Building Inspection 101-2400-42120 BUILDING - UNLEADED FUEL Kath Fuel Oil Service Co UNLEADED FUEL 132.37 None Total Department 2400 Building Inspection 132.37 Department: 3100 Public Works 101-3100-42120 STREET - OFF ROAD Kath Fuel Oil Service Co OFF ROAD 227.14 None 101-3100-42120 STREET - ON ROAD Kath Fuel Oil Service Co ON ROAD 470.00 None 101-3100-42120 STREET - UNLEADED FUEL Kath Fuel Oil Service Co UNLEADED FUEL 635.68 None Total Department 3100 Public Works 1,332.82 Department: 5200 Parks & Recreation 101-5200-42120 PARKS - OFF ROAD Kath Fuel Oil Service Co OFF ROAD 85.18 None 101-5200-42120 PARKS- ON ROAD Kath Fuel Oil Service Co ON ROAD 176.25 None 101-5200-42120 PARKS - UNLEADED FUEL Kath Fuel Oil Service Co UNLEADED FUEL 238.38 None Total Department 5200 Parks & Recreation 499.81 Total Fund 101 GENERAL FUND 3,319.88 Fund: 601 WATER Department: 9400 WATER 601-9400-42120 WATER - OFF ROAD Kath Fuel Oil Service Co OFF ROAD 113.57 None 601-9400-42120 WATER - ON ROAD Kath Fuel Oil Service Co ON ROAD 235.00 None 601-9400-42120 WATER - UNLEADED FUEL Kath Fuel Oil Service Co UNLEADED FUEL 317.84 None Total Department 9400 WATER 666.41 Total Fund 601 WATER 666.41 Fund: 602 SEWER Department: 9450 SEWER 602-9450-42120 SEWER - OFF ROAD Kath Fuel Oil Service Co OFF ROAD 113.57 None 602-9450-42120 SEWER - ON ROAD Kath Fuel Oil Service Co ON ROAD 235.00 None 602-9450-42120 SEWER - UNLEADED FUEL Kath Fuel Oil Service Co UNLEADED FUEL 317.84 None Total Department 9450 SEWER 666.41 Total Fund 602 SEWER 666.41 Fund: 603 STORMWATER Department: 9500 SURFACE WATER 603-9500-42120 STORMWATER - OFF ROAD Kath Fuel Oil Service Co OFF ROAD 28.38 None 603-9500-42120 STORMWATER - ON ROAD Kath Fuel Oil Service Co ON ROAD 58.75 None 603-9500-42120 STORMWATER - UNLEADED FUEL Kath Fuel Oil Service Co UNLEADED FUEL 79.46 None 07/30/2026 01:03 PM Page:8/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Kath Fuel Oil Service Co Fund: 603 STORMWATER Department: 9500 SURFACE WATER Total Department 9500 SURFACE WATER 166.59 Total Fund 603 STORMWATER 166.59 Total Vendor Kath Fuel Oil Service Co:4,819.29 Vendor: League of MN Cities Insur Trust Fund: 704 INSURANCE FUND (ISF) Department: 7102 704-7102-41510 WORKERS' COMP AUDIT AMOUNT League of MN Cities Insur WORKERS' COMP 7/17 AUDIT 735.00 None Total Department 7102 735.00 Total Fund 704 INSURANCE FUND (ISF)735.00 Total Vendor League of MN Cities Insur Trust:735.00 Vendor: Lennar Minnesota Fund: 803 ESCROW FUND Department: 0000 General 803-0000-22900 ESCROW RELEASE Lennar Minnesota ESCROW RELEASE - 1944 ROYAL BLVD - 20 10,000.00 None Total Department 0000 General 10,000.00 Total Fund 803 ESCROW FUND 10,000.00 Total Vendor Lennar Minnesota:10,000.00 Vendor: LRS Portables LLC Fund: 101 GENERAL FUND Department: 5200 Parks & Recreation 101-5200-44120 PARKS PORTABLE RENTALS LRS Portables LLC PARKS PORTABLE RENTALS 1,425.00 None Total Department 5200 Parks & Recreation 1,425.00 Total Fund 101 GENERAL FUND 1,425.00 Total Vendor LRS Portables LLC:1,425.00 Vendor: MAINSTREET DESIGNS INC Fund: 101 GENERAL FUND Department: 1110 Mayor & Council 101-1110-44300 CITY & HOLIDAY BANNERS FOR MAINSTREET DESIGNS INC CITY & HOLIDAY BANNERS FOR LE AVE 3,556.00 None Total Department 1110 Mayor & Council 3,556.00 Total Fund 101 GENERAL FUND 3,556.00 Total Vendor MAINSTREET DESIGNS INC:3,556.00 Vendor: Martin Marietta Materials Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-42240 POTHOLE MIX Martin Marietta Materials POTHOLE MIX 251.84 None 101-3100-42240 POTHOLE MIX Martin Marietta Materials POTHOLE MIX 414.03 None 101-3100-42240 POTHOLE MIX Martin Marietta Materials POTHOLE MIX 206.20 None Total Department 3100 Public Works 872.07 Total Fund 101 GENERAL FUND 872.07 07/30/2026 01:03 PM Page:9/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Martin Marietta Materials Total Vendor Martin Marietta Materials:872.07 Vendor: Menards - Oakdale Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-42210 PW_MISC Menards - Oakdale PW_MISC 292.55 None Total Department 3100 Public Works 292.55 Department: 5200 Parks & Recreation 101-5200-42150 PW_BAKING SODA AND VINEGAR Menards - Oakdale PW_BAKING SODA AND VINEGAR 2.15 None 101-5200-42400 PW SUPPLIES_ HI LEV CUTTIN Menards - Oakdale PW SUPPLIES_ HI LEV CUTTING 32.95 None 101-5200-42400 PW SMALL TOOLS_SHOVEL AND Menards - Oakdale PW SMALL TOOLS_SHOVEL AND RAKE 109.90 None 101-5200-44030 PW SUPPLIES_PORTA POTTY SC Menards - Oakdale PW SUPPLIES_PORTA POTTY SCREENING 397.99 None 101-5200-44030 PW_MATERIALS/SUPPLIES Menards - Oakdale PW_MATERIALS/SUPPLIES 145.82 None 101-5200-44030 PW_PORTA POTTY SCREENING Menards - Oakdale PW_PORTA POTTY SCREENING 230.11 None 101-5200-44030 PW_PORTA POTTY SCREENING Menards - Oakdale PW_PORTA POTTY SCREENING 223.38 None 101-5200-44030 PW_MISC Menards - Oakdale PW_MISC 31.99 None 101-5200-44040 PW_MATERIALS/SUPPLIES Menards - Oakdale PW_MATERIALS/SUPPLIES 18.98 None Total Department 5200 Parks & Recreation 1,193.27 Total Fund 101 GENERAL FUND 1,485.82 Fund: 601 WATER Department: 9400 WATER 601-9400-42210 MATERIALS/SUPPLIES_IRRIGAT Menards - Oakdale MATERIALS/SUPPLIES_IRRIGATION ON 5TH 69.99 None Total Department 9400 WATER 69.99 Total Fund 601 WATER 69.99 Fund: 703 CITY CENTER OPERATIONS (ISF) Department: 0000 General 703-0000-44013 CITY HALL - MULCH Menards - Oakdale CITY HALL MULCH 11.91 None 703-0000-44013 PW_MISC Menards - Oakdale PW_MISC 12.17 None Total Department 0000 General 24.08 Total Fund 703 CITY CENTER OPERATIONS (ISF)24.08 Total Vendor Menards - Oakdale:1,579.89 Vendor: METRO EAST Fund: 101 GENERAL FUND Department: 1910 Planning & Zoning 101-1910-43150 BPO OLD CITY HALL METRO EAST BPO OLD CITY HALL 500.00 None Total Department 1910 Planning & Zoning 500.00 Total Fund 101 GENERAL FUND 500.00 Total Vendor METRO EAST:500.00 Vendor: Modern Press Fund: 101 GENERAL FUND Department: 1320 Administration 101-1320-43090 SOURCE SUMMER 2026 Modern Press SOURCE SUMMER 2026 1,247.34 None Total Department 1320 Administration 1,247.34 Total Fund 101 GENERAL FUND 1,247.34 07/30/2026 01:03 PM Page:10/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Modern Press Fund: 601 WATER Department: 9400 WATER 601-9400-43090 SOURCE SUMMER 2026 Modern Press SOURCE SUMMER 2026 1,247.33 None Total Department 9400 WATER 1,247.33 Total Fund 601 WATER 1,247.33 Fund: 602 SEWER Department: 9450 SEWER 602-9450-43090 SOURCE SUMMER 2026 Modern Press SOURCE SUMMER 2026 1,247.33 None Total Department 9450 SEWER 1,247.33 Total Fund 602 SEWER 1,247.33 Total Vendor Modern Press:3,742.00 Vendor: MORREALE REAL ESTATE SERVICES Fund: 601 WATER Department: 0000 General 601-0000-11500 OVERPAYMENT MORREALE REAL ESTATE SERVI UB refund for account: 01-00016121-01 200.00 None Total Department 0000 General 200.00 Total Fund 601 WATER 200.00 Total Vendor MORREALE REAL ESTATE SERVICES:200.00 Vendor: MUTUAL OF OMAHA Fund: 101 GENERAL FUND Department: 0000 General 101-0000-21707 DENTAL INSURANCE PREM - AU MUTUAL OF OMAHA G000CVSQ BILL GROUP 0001 & MNPL 801A 2,705.86 None 101-0000-21708 STD/LTD INSURANCE PREM - A MUTUAL OF OMAHA G000CVSQ BILL GROUP 0001 & MNPL 801A 1,077.01 None 101-0000-21708 LIFE/AD&D INSUR PREM -AUG MUTUAL OF OMAHA G000CVSQ BILL GROUP 0001 & MNPL 801A 1,065.76 None 101-0000-21718 VISION INSURANCE PREM - AU MUTUAL OF OMAHA G000CVSQ BILL GROUP 0001 & MNPL 801A 145.77 None Total Department 0000 General 4,994.40 Total Fund 101 GENERAL FUND 4,994.40 Total Vendor MUTUAL OF OMAHA:4,994.40 Vendor: Newman Signs Inc Fund: 101 GENERAL FUND Department: 5200 Parks & Recreation 101-5200-44030 PW_TRAFFIC SIGNS Newman Signs Inc PW_TRAFFIC SIGNS 93.79 None Total Department 5200 Parks & Recreation 93.79 Total Fund 101 GENERAL FUND 93.79 Total Vendor Newman Signs Inc:93.79 Vendor: North Country Garage Door Fund: 101 GENERAL FUND Department: 2220 Fire 101-2220-44010 OVERHEAD DOOR PM & SERVICE North Country Garage Door OVERHEAD DOOR PM & SERVICE 1,250.00 None Total Department 2220 Fire 1,250.00 Total Fund 101 GENERAL FUND 1,250.00 07/30/2026 01:03 PM Page:11/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: North Country Garage Door Total Vendor North Country Garage Door:1,250.00 Vendor: Overhead Door Company Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-44010 PW SHOP OVERHEAD DOOR REPA Overhead Door Company PW SHOP OVERHEAD DOOR REPAIR 64.00 None Total Department 3100 Public Works 64.00 Department: 5200 Parks & Recreation 101-5200-44010 PW SHOP OVERHEAD DOOR REPA Overhead Door Company PW SHOP OVERHEAD DOOR REPAIR 75.00 None Total Department 5200 Parks & Recreation 75.00 Total Fund 101 GENERAL FUND 139.00 Fund: 601 WATER Department: 9400 WATER 601-9400-44010 PW Shop Overhead Door Repa Overhead Door Company PW SHOP OVERHEAD DOOR REPAIR 43.00 None Total Department 9400 WATER 43.00 Total Fund 601 WATER 43.00 Fund: 602 SEWER Department: 9450 SEWER 602-9450-44010 PW Shop Overhead Door Repa Overhead Door Company PW SHOP OVERHEAD DOOR REPAIR 43.00 None Total Department 9450 SEWER 43.00 Total Fund 602 SEWER 43.00 Fund: 603 STORMWATER Department: 9500 SURFACE WATER 603-9500-44010 PW Shop Overhead Door Repa Overhead Door Company PW SHOP OVERHEAD DOOR REPAIR 628.05 None Total Department 9500 SURFACE WATER 628.05 Total Fund 603 STORMWATER 628.05 Total Vendor Overhead Door Company:853.05 Vendor: Pearson Bros Inc Fund: 408 STREET MAINTENANCE Department: 3100 Public Works 408-3100-43150 2025 SEAL COAT PROJ 25X.13 Pearson Bros Inc 2025 SEAL COAT PROJ 25X.137950 REQ 2 11,840.68 None Total Department 3100 Public Works 11,840.68 Total Fund 408 STREET MAINTENANCE 11,840.68 Total Vendor Pearson Bros Inc:11,840.68 Vendor: PreCise MRM LLC Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-43190 PRECISE FLEET MGMT SOFTWAR PreCise MRM LLC PRECISE FLEET MGMT SOFTWARE 220.00 None Total Department 3100 Public Works 220.00 Total Fund 101 GENERAL FUND 220.00 Total Vendor PreCise MRM LLC:220.00 Vendor: Pulte Homes of MN LLC 07/30/2026 01:03 PM Page:12/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Pulte Homes of MN LLC Fund: 803 ESCROW FUND Department: 0000 General 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9701 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9703 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9705 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9707 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9709 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9711 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9730 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9732 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9734 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9736 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 9738 4TH ST N - 2022 2,500.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 11760 UPPER 31ST ST 5,000.00 None 803-0000-22900 ESCROW RELEASE Pulte Homes of MN LLC ESCROW RELEASE - 11766 UPPER 31ST ST 5,000.00 None Total Department 0000 General 37,500.00 Total Fund 803 ESCROW FUND 37,500.00 Total Vendor Pulte Homes of MN LLC:37,500.00 Vendor: Robert Thomas Homes Fund: 803 ESCROW FUND Department: 0000 General 803-0000-22900 ESCROW RELEASE - 10942 37T Robert Thomas Homes ESCROW RELEASE - 10942 37TH ST N - 20 10,000.00 None 803-0000-22900 ESCROW RELEASE - 10946 37T Robert Thomas Homes ESCROW RELEASE - 10946 37TH ST N - 20 10,000.00 None 803-0000-22900 ESCROW RELEASE - 10892 38T Robert Thomas Homes ESCROW RELEASE - 10892 38TH ST N - 20 10,000.00 None 803-0000-22900 ESCROW RELEASE - 10893 38T Robert Thomas Homes ESCROW RELEASE - 10893 38TH ST N - 20 10,000.00 None 803-0000-22900 ESCROW RELEASE - 3476 KNIG Robert Thomas Homes ESCROW RELEASE - 3476 KNIGHTSBRIDGE T 10,000.00 None Total Department 0000 General 50,000.00 Total Fund 803 ESCROW FUND 50,000.00 Total Vendor Robert Thomas Homes:50,000.00 Vendor: Safe-Fast Inc Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-44375 PW - PPE Safe-Fast Inc PW - PPE 13.72 None Total Department 3100 Public Works 13.72 Department: 5200 Parks & Recreation 101-5200-44375 PW - PPE Safe-Fast Inc PW - PPE 13.72 None Total Department 5200 Parks & Recreation 13.72 Total Fund 101 GENERAL FUND 27.44 Fund: 601 WATER Department: 9400 WATER 601-9400-44375 PW - PPE Safe-Fast Inc PW - PPE 13.72 None Total Department 9400 WATER 13.72 Total Fund 601 WATER 13.72 Fund: 602 SEWER Department: 9450 SEWER 07/30/2026 01:03 PM Page:13/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Safe-Fast Inc Fund: 602 SEWER Department: 9450 SEWER 602-9450-44375 PW - PPE Safe-Fast Inc PW - PPE 13.72 None Total Department 9450 SEWER 13.72 Total Fund 602 SEWER 13.72 Fund: 603 STORMWATER Department: 9500 SURFACE WATER 603-9500-44375 PW - PPE Safe-Fast Inc PW - PPE 13.72 None Total Department 9500 SURFACE WATER 13.72 Total Fund 603 STORMWATER 13.72 Total Vendor Safe-Fast Inc:68.60 Vendor: Savvik Buying Group Fund: 101 GENERAL FUND Department: 2220 Fire 101-2220-42080 EMS PPE GLOVES Savvik Buying Group EMS PPE GLOVES 159.86 None 101-2220-42080 SOFT STRETCHERS Savvik Buying Group SOFT STRETCHERS 154.40 None Total Department 2220 Fire 314.26 Total Fund 101 GENERAL FUND 314.26 Total Vendor Savvik Buying Group:314.26 Vendor: Schwickert's Tecta America Fund: 703 CITY CENTER OPERATIONS (ISF) Department: 0000 General 703-0000-44040 CITY HALL _COUNCIL CHAMBER Schwickert's Tecta America CITY HALL _COUNCIL CHAMBERS SYSTEM EV 260.00 None 703-0000-44040 CITY HALL _EVALUATE & REPL Schwickert's Tecta America CITY HALL_EVALUATE & REPLACE CONDENSA 1,080.00 None Total Department 0000 General 1,340.00 Total Fund 703 CITY CENTER OPERATIONS (ISF)1,340.00 Total Vendor Schwickert's Tecta America:1,340.00 Vendor: SealTech Inc Fund: 601 WATER Department: 9400 WATER 601-9400-43150 REPAIR ASPHALT DRIVEWAY FR SealTech Inc 192 JUNCO AVE DRIVEWAY 2,500.00 None Total Department 9400 WATER 2,500.00 Total Fund 601 WATER 2,500.00 Total Vendor SealTech Inc:2,500.00 Vendor: Stillwater Ace Hardware Fund: 101 GENERAL FUND Department: 2220 Fire 101-2220-44010 CITY CENTER KEYS Stillwater Ace Hardware CITY CENTER KEYS 19.98 None Total Department 2220 Fire 19.98 Total Fund 101 GENERAL FUND 19.98 Total Vendor Stillwater Ace Hardware:19.98 07/30/2026 01:03 PM Page:14/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Tri State Bobcat Fund: 101 GENERAL FUND Department: 3100 Public Works 101-3100-44040 MISC SUPPLIES/PARTS Tri State Bobcat MISC SUPPLIES/PARTS 33.33 None Total Department 3100 Public Works 33.33 Department: 5200 Parks & Recreation 101-5200-44040 MISC SUPPLIES/PARTS Tri State Bobcat MISC SUPPLIES/PARTS 33.33 None Total Department 5200 Parks & Recreation 33.33 Total Fund 101 GENERAL FUND 66.66 Fund: 603 STORMWATER Department: 9500 SURFACE WATER 603-9500-44040 MISC SUPPLIES/PARTS Tri State Bobcat MISC SUPPLIES/PARTS 33.34 None Total Department 9500 SURFACE WATER 33.34 Total Fund 603 STORMWATER 33.34 Total Vendor Tri State Bobcat:100.00 Vendor: UNITED LAND LLC Fund: 101 GENERAL FUND Department: 1320 Administration 101-1320-44300 EAGLE PT MAINTENANCE THRU UNITED LAND LLC OEA 1ST HALF 2026 OEA BILLINGS 89.00 None Total Department 1320 Administration 89.00 Total Fund 101 GENERAL FUND 89.00 Total Vendor UNITED LAND LLC:89.00 Vendor: USS Minnesota One MT LLC Fund: 601 WATER Department: 9400 WATER 601-9400-43810 US SOLAR SUNSCRPTN-MNTHLY USS Minnesota One MT LLC USSOLR - MONTHLY - JUN STMT 1,815.37 None Total Department 9400 WATER 1,815.37 Total Fund 601 WATER 1,815.37 Total Vendor USS Minnesota One MT LLC:1,815.37 Vendor: Xcel Energy Fund: 101 GENERAL FUND Department: 2500 Emergency Communications 101-2500-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 0.00 None 101-2500-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 0.00 None 101-2500-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 0.00 None Total Department 2500 Emergency Communications 0.00 Department: 3100 Public Works 101-3100-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 0.00 None 101-3100-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 157.38 None 101-3100-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 1,238.21 None 101-3100-43811 3014 JAMLEY AVE N - STREET Xcel Energy 51-4572945-7 30.09 None 101-3100-43811 51-0012718950-5 - 179 KEAT Xcel Energy 51-0012718950-5 82.90 None 101-3100-43811 51-0013811065-2 - 689 INWO Xcel Energy 51-0013811065-2 55.95 None Total Department 3100 Public Works 1,564.53 07/30/2026 01:03 PM Page:15/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number Vendor: Xcel Energy Fund: 101 GENERAL FUND Department: 5200 Parks & Recreation 101-5200-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 0.00 None 101-5200-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 0.00 None 101-5200-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 1,202.42 None Total Department 5200 Parks & Recreation 1,202.42 Total Fund 101 GENERAL FUND 2,766.95 Fund: 601 WATER Department: 9400 WATER 601-9400-43810 51-0013315481-4 - 4525 LIL Xcel Energy 51-0013315481-4 5,597.73 None 601-9400-43810 51-0014032224-4 - Wat Towe Xcel Energy 51-0014032224-4 274.05 None 601-9400-43810 51-0014032232-4 - 3418 LA Xcel Energy 51-0014032232-4 18.03 None 601-9400-43810 2576 INWOOD BOOSTER STATIO Xcel Energy 51-0011431737-7 2,494.28 None 601-9400-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 6,105.74 None 601-9400-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 0.00 None 601-9400-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 494.30 None Total Department 9400 WATER 14,984.13 Total Fund 601 WATER 14,984.13 Fund: 602 SEWER Department: 9450 SEWER 602-9450-43810 9956 TAPESTRY RD LIFT STAT Xcel Energy 51-0014133900-7 125.82 None 602-9450-43810 10845 32ND ST LIFT STATION Xcel Energy 51-0013680215-5 218.52 None 602-9450-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 1,734.51 None 602-9450-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 0.00 None 602-9450-43810 ELECTRIC UTILITY - 51-4504 Xcel Energy 51-4504807-7 0.00 None Total Department 9450 SEWER 2,078.85 Total Fund 602 SEWER 2,078.85 Fund: 703 CITY CENTER OPERATIONS (ISF) Department: 0000 General 703-0000-43810 ELEC UTIL 3880 LAVERNE AVE Xcel Energy 51-0013935424-9 4,065.05 None 703-0000-43810 GAS UTILITY - 51-4504807-7 Xcel Energy 51-4504807-7 224.64 None 703-0000-43810 GAS UTILITY - 51-4504807-7 Xcel Energy 51-4504807-7 0.00 None 703-0000-43810 GAS UTILITY - 51-4504807-7 Xcel Energy 51-4504807-7 249.45 None Total Department 0000 General 4,539.14 Total Fund 703 CITY CENTER OPERATIONS (ISF)4,539.14 Total Vendor Xcel Energy:24,369.07 07/30/2026 01:03 PM Page:16/17 City Administrator List INVOICE DISTRIBUTION REPORT BY VENDOR FOR THE CITY OF LAKE ELMO GL Number Invoice Line Desc Vendor Name Invoice Description Amount Check Number --- TOTALS BY FUND --- 101 GENERAL FUND 76,635.03 209 TREE FUND 2,640.10 408 STREET MAINTENANCE 11,840.68 601 WATER 28,178.61 602 SEWER 4,193.60 603 STORMWATER 975.05 703 CITY CENTER OPERATIONS (ISF)6,332.08 704 INSURANCE FUND (ISF)735.00 803 ESCROW FUND 113,969.18 Total For All Funds:245,499.33 07/30/2026 01:03 PM Page:17/17 City Administrator List STAFF REPORT DATE: 08/05/2026 CONSENT AGENDA TO: City Council FROM: Jason Stopa, Community Development Director Ashley Monterusso, Planner AGENDA ITEM: 180 Acres – AUAR Renewal Approval CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☒ Responsive, transparent, adaptive governance ☐ Managed Growth ☐ Efficient, reliable, innovative services ☐ Balanced Finances now and future ☐ Resilient Infrastructure BACKGROUND: In 2022, an Alternative Urban Area Review (AUAR) was completed for the 180-acres at Ideal Ave. and 34th St. N. The AUAR is a planning tool that local government can use to understand how different development scenarios would affect the environment of their community before the development occurs. The Cyphers Logistic Park AUAR was adopted on April 5, 2022, and the City of Lake Elmo as the Responsible Governmental Unit (RGU) would like to keep the AUAR valid for future development to occur within the study area. The City of Lake Elmo is seeking a consultant to prepare the first update to Cyphers Logistic Par k AUAR consistent with Minnesota state requirements. The AUAR Update will incorporate information from the 2040 Comprehensive Plan, other previous planning efforts as well as any updates that have occurred within the study area over the last five years and evaluate two development scenarios. PROPOSAL ANALYSIS/DETAILS: At a CC workshop (3/10), City Council directed staff to obtain an additional quote from the firm that drafted the original AUAR for renewal. Staff obtained two quotes to compare. Quotes from Bolton & Menk and Kimley Horn are compared in the tables below: Bolton and Menk (includes two scenarios) KH (includes two scenarios) Hours Cost Costs Project Initiation 32 $6,516.00 AUAR Update and Meetings $17,500 Stakeholder and Council Engagement 23 $4,315.00 Traffic Evaluation Memo $5,000 Draft AUAR/Mitigation Plan 137 $23,890 KH Total $22,500 Final AUAR 32 $6,036.00 Engineering Review estimate $13,898 Optional new scenario 100 $18,270.00 Estimated Total $36,398 Total $59,027 Optional: Traffic Study $15,500 Note that because Bolton and Menk is the City’s Engineering team, staff asked for an estimate for Engineering review from Bolton and Menk to fairly review both proposals as a City review is required for the AUAR process. That number is highlighted in yellow. It has been added to the total of the Kimley Horn estimate and is already included in the Bolton & Menk total. FISCAL IMPACT: While the City will pay the upfront cost for the AUAR renewal, it will be able to recover the costs by implementing an AUAR fee to the developer(s) who buys the land within the project area. This fee can be added in 2027. RECOMMENDATION: Staff recommend that the City Council, as part of the Consent Agenda, approve the Kimley-Horn proposal for renewing the AUAR on the City’s 180 acres. Motion if removed from the consent agenda: “Motion to approve Kimley-Horn’s scope for renewal of the Alternative Urban Area Review on the City’s 180 Acres.” ATTACHMENTS: Bolton & Menk Proposal Kimley Horn Proposal July 10, 2026 Jason Stopa Community Development Director City of Lake Elmo MN 3880 Laverne Ave N. Lake Elmo, MN 55042 RE: Professional Services Scope of Work – Cyphers Logistic Park AUAR and Mitigation Plan Update Dear Jason, You have inquired about a cost estimate and timeline to update the Cyphers Logistic Park AUAR and Mitigation Plan. Bolton & Menk is pleased to provide you with a scope of work, budget, and timeline. Upon your review and acceptance, we can set up a new project under existing engineering and/or planning services contract. Scope of Work Assumptions This scope and budget are based on the following assumptions: • City staff provides information on the development to date (since 2022 AUAR Completion) • The update does not include separate traffic analysis or other studies. Once we get into working on the project it’s possible additional in-depth studies may be needed. It’s not expected at this time but could be a possibility • No development within the AUAR area has occurred since the original document was completed in 2022 • If selected to complete the AUAR update, Bolton and Menk is responsible for assisting City staff with required postings, outreach, engagement, and other required procedures. Task 1: Project Initiation and Project Management Project Kickoff: The Bolton & Menk project team will lead a project kickoff meeting with the City of Lake Elmo to discuss data needed, project details, and timelines. We will coordinate internal meetings and check-in to keep the project moving forward in a timely manner. Task 2: Stakeholder Engagement Public and Agency Notices and Engagement: Our team will prepare the required hearing notices for the update. We can also provide information for the city website if requested. Cyphers Logistic Park AUAR Update Updated July 10, 2026 Page 2 Task 3: Draft AUAR/Mitigation Plan Update This involves preparation of a new AUAR Update document. We will review existing AUAR documents and related plans and coordinate with our subject matter experts to draft an updated AUAR and mitigation plan. The updated document will include the EQB’s updated AUAR form including greenhouse gas review requirements. We will provide a clean and understandable document for review. We will meet with city staff to review the draft and update it accordingly. Once the document is in the final draft form, we will publish for public review. We will collect comments and address them as required. If desired, we can present the draft AUAR document to the City Council prior to publication and release for public comment. Below, we have also provided an estimated fee to update the scenarios to include new land use guidance preferences as may be based on recent conversations such as the ULI TAP program. Task 4: Final AUAR/Mitigation Plan This process involves adopting the AUAR Update. We will prepare a final document and present to City Council for consideration. We will present the final plan to the City Council and facilitate their review and adoption. Once adopted, we will distribute the final plan as required by the Environmental Quality Borad (EQB). Estimated Fees Bolton & Menk estimates the fee to complete the above scope of work is approximately $59,027. This assumes one new land use scenario. A breakdown of the estimated hours and fee is as follows. Task 1: Project Initiation and Management 32 hours $ 6,516 Task 2: Stakeholder and Council Engagement 23 hours $ 4,315 Task 3: Draft AUAR/Mitigation Plan Update 137 hours $ 23,890 Task 4: Final AUAR/Mitigation Plan Update 32 hours $ 6,036 Task 5: Optional: Include New Scenario 100 hours $ 18,270 Total Estimate (All Tasks) 324 hours $59,027 Total Estimate (Without New Scenario) 224 hours $40,757 Total Estimate (AUAR Prepared by Others) 76 hours $13,898 Adding a new scenario: if a new scenario is introduced, several other sections of the AUAR form will need to be updated. A new scenario would require updates to the base document’s narrative, tables and figures, etc. A new scenario must also be evaluated for requirements to complete additional evaluation on traffic or other potential impacts. Review of AUAR prepared by Others: if another consultant is selected to prepare the AUAR update document, the City’s Engineering and other supporting technical staff must still review the information on behalf of the City. Task 5, above, estimates 76 hours of review time split between city engineering, environmental planning, natural and cultural resources staff to ensure that the update is both consistent with City plans and policies along with relevant state rules. This task estimate does not include BMI staff attendance at public meetings or facilitation of the AUAR update. Cyphers Logistic Park AUAR Update Updated July 10, 2026 Page 3 Proposed timeline is as follows with a kick-off meeting tentative scheduled for early November and completion by end of April 2027: Thank you for the opportunity to provide these services to the City. I will serve as your project manager on this project. Please feel free to contact me with any questions. I can be reached at (952) 378-6354 or jenni.faulkner@bolton-menk.com Sincerely, BOLTON & MENK, INC. Jenni Faulkner Community Planning Practice Area Leader Cc: Nate Stanley, City Engineer 1 kimley-horn.com 767 EUSTIS ST, STE 100, ST. PAUL, MN 55114 651.645.4197 PROPOSAL To: Jason Stopa and Ashley Monterusso, City of Lake Elmo From: Leila Bunge, Kimley-Horn Date: June 8, 2026 Subject: Proposal for 2026 Lake Elmo AUAR Update PROJECT UNDERSTANDING The Cyphers Logistic Park AUAR was adopted on April 5, 2022 and the City of Lake Elmo as the Responsible Governmental Unit (RGU) would like to keep the AUAR valid for future development to occur within the study area. The City of Lake Elmo is seeking a consultant to prepare the first update to Cyphers Logistic Park AUAR consistent with Minnesota state requirements. The AUAR Update will incorporate information from the 2040 Comprehensive Plan, other previous planning efforts as well as any updates that have occurred within the study area over the last five years and evaluate two development scenarios. TASK 1: AUAR UPDATE The AUAR Update will reference the approved Final AUAR document and mitigation plan but does not require new analysis for each item addressed in the Final AUAR. Rather, the AUAR Update documents the development and mitigation that has been completed to date, and any changes relevant to the new development scenario, which may affect mitigation measures. The format of the AUAR Update will include an introduction, report of what has been done on-site, description of changes in scenarios, results of impact analysis, updated mitigation plan with notations for what has been accomplished and identify any new mitigation measures. Task 1A – Determine and document what has been completed • Confirm parameters of the new development scenario being added. • Coordinate with City to understand which mitigation measures identified in the Mitigation Plan have been implemented, and which have not (if any). • Assumes the City will provide the as-built details needed to document current land use for any changes since 2022. Task 1B – Evaluation of Impacts General assessment • Analyze land use modifications and compare to thresholds established in the 2022 AUAR. • Assumes analysis for each issue area will not be required and scope of any new analysis will be based on the updated uses and square footages from Tasks 1A. • A new DNR Natural Heritage Information System (NHIS) database search will be 2 kimley-horn.com 767 EUSTIS ST, STE 100, ST. PAUL, MN 55114 651.645.4197 conducted for the study area to document any changes to protected species. • Kimley-Horn will complete the Climate Adaptation/Resilience section based on the latest Environmental Quality Board (EQB) guidance and tools and we will complete the Greenhouse Gas Emissions analysis using the EQB’s May 2026 Minnesota Environmental Review Climate Calculator to determine the potential emissions for the scenarios studied. Kimley-Horn will coordinate with the City on any potential mitigation and adaptations to reduce emissions. Traffic Evaluation • Review trip generation rates for the proposed land uses in the additional scenario and consider subsequent traffic analysis if it is deemed to have a significant change/impact compared to previous estimates. • Document results of trip generation review in a memorandum and update the AUAR traffic section accordingly. Optional – additional traffic analysis • If additional traffic analysis is deemed necessary, it is anticipated that the following would be completed (task listed as optional in fee): • Data Collection at up to six (6) intersections for peak time periods. • Intersection Capacity Analysis for the Existing conditions, No-Build conditions, and the Build Conditions. Analysis of No-Build and Build conditions will be conducted for Opening Year and Horizon Year. • Determine any mitigation measures and changes from the AUAR mitigation plan. • Document the results in a traffic memorandum and update the AUAR traffic mitigation accordingly. Utility evaluation • Evaluate the change in water and sewer demand for the new development scenario based on the proposed changes identified in Task 1A. The analysis will be based on the MCES SAC Procedure Manual, consistent with the analysis provided in the Final AUAR, and considering subsequent water analyses. • No additional stormwater analysis is anticipated. It is assumed that the change in use will not increase the final percent impervious on the site previously approved. • Assumes utility changes will be updated based on information from the city regarding any site monitoring results or recent infrastructure changes. Task 1C – Review/update Mitigation Plan • Describe the measures that have been implemented to date, if any. • Based on updated impacts, coordinate with City to identify additional mitigation measures to address new impacts (as necessary). • Update Mitigation Plan. 3 kimley-horn.com 767 EUSTIS ST, STE 100, ST. PAUL, MN 55114 651.645.4197 Task 1D – AUAR process • Prepare remaining sections of AUAR Update and assemble with Mitigation Plan document. • Edit documents based on City reviews (2 rounds assumed). • Prepare notices and distribute AUAR Update and Mitigation Plan for the 10-day comment period (up to 2 hard copies by request), following the process as dictated in Minnesota Rules. • Draft response to comments following the comment period and prepare the Final AUAR Update and Mitigation Plan (2 rounds assumed). • Provide documentation to the RGU for approval by resolution. • Activities in response to any formal agency objections are not included in this scope. Task 1E – Project Management/Agency Involvement • Prepare for and attend team meetings with City staff (up to 2 meetings - includes attendance of up to 2 Kimley-Horn staff, and preparation of agendas and meeting notes). • Prepare monthly invoices. • General client coordination (telephone calls and emails). SCHEDULE Kimley-Horn can begin this work immediately. The table below is a general schedule outlining anticipated process and timeframes for tasks. Activity Timeframe Conduct updated analysis and draft AUAR Update 4 weeks City reviews Variable Revise AUAR Update based on comments 1 week City reviews AUAR Update Variable Revise based on City comments 1 week Final review by City Variable Submit to EQB Monitor for 10-day comment period Deadline to submit is every Tuesday by 4 p.m. 4 kimley-horn.com 767 EUSTIS ST, STE 100, ST. PAUL, MN 55114 651.645.4197 Activity Timeframe Distribute documents Same week as EQB Monitor submittal Publish in EQB Monitor 1 week after submittal Comment period 10 working days Respond to comments and prepare Final AUAR Update 1 week City approves Final AUAR Update and Mitigation Plan at its first regularly scheduled City Council meeting Minnesota Rules 4410.3610 Subpart 5 E requires that a Responsible Governmental Unit (RGU) adopt the final Alternative Urban Areawide Review (AUAR) and mitigation plan within 15 days of the end of the public comment period Submit notice of adoption to EQB Monitor and distribution list Publication 1 week after submittal FEE Based on the scope and schedule identified above, Kimley-Horn can complete the identified tasks for a fee of $22,500, with an additional $15,500 for completion of the optional Traffic Study if it’s determined to be needed. Kimley-Horn will perform the services in Tasks 1 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the City. Task Name Fee AUAR Update and Meetings $17,500 Traffic Evaluation Memo $5,000 Total $22,500 Optional: Traffic Study $15,500 CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Kimley-Horn" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Lake Elmo. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in a PDF. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: ____ Please email all invoices to ___________________________ 5 kimley-horn.com 767 EUSTIS ST, STE 100, ST. PAUL, MN 55114 651.645.4197 ____ Please copy _______________________________________ To proceed with the services, please have an authorized person sign this Agreement below and return to us. We will commence services only after we have received a fully-executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on this project. We appreciate the opportunity to provide these services. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Signed: Signed: Printed Name: Leila Bunge, AICP Printed Name: Trish Sieh, PE Title: Project Manager Title: Vice President CITY OF LAKE ELMO SIGNED: PRINTED NAME: _______________________ TITLE:_________________________________ DATE: _______________________________ Attachment – Standard Provisions 6 Rev 07/2024 KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS 1) Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services specifically described in this Agreement (“Services”). Any services that are not set forth in the scope of Services described herein will constitute additional services (“Additional Services”). If requested by the Client and agreed to by Kimley-Horn, Kimley-Horn will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay Kimley-Horn for any Additional Services an amount based upon Kimley-Horn’s then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. 2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: a. Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon. d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services. e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto within a reasonable time so as not to delay Kimley-Horn. f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client. h. Give prompt written notice to Kimley-Horn whenever the Client becomes aware of any development that affects Kimley-Horn's services or any defect or noncompliance in any aspect of the project. 3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that Kimley- Horn does not control. If such delay or suspension extends for more than six months, Kimley- Horn’s compensation shall be renegotiated. 4) Method of Payment. Client shall pay Kimley-Horn as follows: a. Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by Kimley-Horn and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 30 days after Kimley-Horn's transmittal of its invoice, Kimley-Horn may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. 7 Rev 07/2024 b. The Client will remit all payments electronically to: Account Name: KIMLEY-HORN AND ASSOCIATES, INC. Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94104 Account Number: 2073089159554 ABA#: 121000248 c. The Client will send the project number, invoice number and other remittance information by e- mail to payments@kimley-horn.com at the time of payment. d. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay Kimley-Horn’s invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third party to secure payment. e. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. f. If Kimley-Horn initiates legal proceedings to collect payment, it shall recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at Kimley-Horn's normal hourly billing rates, of the time devoted to such proceedings by its employees. g. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition. Kimley-Horn may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of Kimley-Horn to collect additional amounts from the Client. 5) Use of Deliverables. All documents, data, and other deliverables prepared by Kimley-Horn are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of Kimley-Horn’s deliverables, or any reuse of the deliverables without written authorization by Kimley-Horn will be at the Client's sole risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Kimley-Horn’s electronic files and source code remain the property of Kimley-Horn and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the deliverables prepared by Kimley-Horn, the hardcopy shall govern. 6) Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates (“Intellectual Property”) in the performance of this Agreement. Intellectual Property, for purposes of this section, does not include deliverables specifically created for Client pursuant to the Agreement and use of such deliverables is governed by section 5 of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and 8 Rev 07/2024 its affiliates. If Kimley-Horn’s services include providing Client with access to or a license for Kimley-Horn’s (or its affiliates’) proprietary software or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimley-horn.com/khts-software- license-agreement (“the License Agreement”) which terms are incorporated herein by reference. 7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. 8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination. 9) Standard of Care. The standard of care applicable to Kimley-Horn’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by Kimley-Horn's performance of services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client. 10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and Kimley-Horn, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of Kimley-Horn and Kimley-Horn's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs, attorneys’ fees, or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of Kimley-Horn or Kimley- Horn's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by Kimley-Horn under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify Kimley-Horn. 11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. 12) Construction Costs. Under no circumstances shall Kimley-Horn be liable for extra costs or other consequences due to changed or unknown conditions or related to the failure of 9 Rev 07/2024 contractors to perform work in accordance with the plans and specifications. Kimley-Horn shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before Kimley-Horn has issued final, fully approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. 13) Certifications. All requests for Kimley-Horn to execute certificates, lender consents, or other third-party reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of execution. Kimley-Horn shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate to facts of which Kimley-Horn does not have actual knowledge, or that would cause Kimley-Horn to violate applicable rules of professional responsibility. 14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. 15) Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley-Horn's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. Kimley-Horn will notify the Client of unanticipated hazardous substances or conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop affected portions of its services until the hazardous substance or condition is eliminated. 16) Construction Phase Services. a. If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against Kimley-Horn in any way connected thereto. b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, equipment maintenance and inspection, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. Kimley-Horn's visits will be for the purpose of observing construction and reporting to the Client whether the contractors’ work generally conforms to the construction documents prepared by Kimley-Horn. Kimley-Horn neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents. c. Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and Kimley-Horn for all claims and liability arising out of job site accidents; and that the Client and Kimley-Horn shall be made additional insureds under the contractor’s general liability insurance policy. 17) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and Kimley-Horn, and all duties and 10 Rev 07/2024 responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and Kimley-Horn. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Kimley-Horn, without the written consent of Kimley-Horn. Kimley-Horn reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If Kimley-Horn exercises this right, Kimley-Horn will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. 18) Preliminary Notice – Liens. (A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. 19) Confidentiality. The Client consents to the use and dissemination by Kimley-Horn of photographs of the project and to the use by Kimley-Horn of facts, data and information obtained by Kimley-Horn in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, Kimley-Horn shall use reasonable care to maintain the confidentiality of that material. 20) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Minnesota. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by Kimley-Horn. If Client requires Kimley-Horn to register with or use an online vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Kimley-Horn or this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. STAFF REPORT DATE: August 5th 2026 CONSENT TO: Mayor and Councilmembers FROM: Adam Swnanepoel – Assistant Public Works Director AGENDA ITEM: Deer Hunt in Sunfish Lake Park CORE STRATEGIES: ☒ Vibrant, inclusive, connected community ☒ Responsive, transparent, adaptive governance☒ ☐ Managed Growth ☐ Efficient, reliable, innovative services ☐ Balanced Finances now and future ☐ Resilient Infrastructure BACKGROUND: Washington County conducted a drone-based deer survey in the spring of 2026 covering the area between Sunfish Lake Park and Lake Elmo Park Reserve. The survey identified 128 deer within and adjacent to Lake Elmo Park Reserve and 57 deer within Sunfish Lake Park. This marked the county's first year using drone technology instead of a helicopter to conduct the survey. Drone-based surveys provide a substantially higher level of accuracy, with estimates indicating they are approximately 30–40% more accurate than traditional helicopter surveys. The last deer management hunt in this area was conducted by Washington County in 2021. The County partnered with the Metro Bow Hunters to carry out the hunt as part of its deer population management efforts. Dan McSwain from Washinton County presented the 2026 findings and hunting proposal to the Parks Commission on 7/20/2026. The Parks Commission all voted in favor of recommending City Council to authorize the hunt. ISSUE BEFORE COUNCIL: Would the City like to authorize a 2026 Archery Deer Hunt at Sunfish Lake Park? PROPOSAL DETAILS/ANALYSIS: Conducting controlled deer population management in urban areas is an effective and responsible way to maintain a healthy, sustainable deer population while protecting public safety and preserving natural resources. Managing deer numbers helps reduce deer-vehicle collisions, limits damage to native vegetation and decreases nuisance issues experienced by nearby residents. Increased populations that exceed the land’s capacity to support them, can suffer from increased disease, poor nutrition, and habitat degradation. To address these concerns, Washington County will partner with the Metro Bow Hunters to conduct two professionally managed archery hunts within Lake Elmo Park Reserve. Each hunt will last three days and will take place in October and November. To ensure the safety of participants and park visitors, the City of Lake Elmo will temporarily close Sunfish Lake Park to the public during the scheduled hunt days. These temporary closures are a proactive measure that allows the deer management activities to be conducted safely while minimizing disruptions to park users. The 2026 hunt would occur over two 3-day hunts during the following dates: Hunt #1: October 26-28 (M to W) Hunt #2: November 9 – 11 (M to W). Code Section 130.15 Use of Firearms; Hunting “…There shall be no hunting on City-owned property unless otherwise determined by the City Council by resolution. Should the City council decide to allow hunting on City-owned property, the resolution adopted by the City Council will outline the dates, times and conditions of the hunting activities that may occur and will include a map of the authorized location(s).” FISCAL IMPACT: There is no financial obligation by the city. In future years, the city should consider budgeting to aid in the cost for a deer survey provided by Washington County. RECOMMENDATION: (if pulled from Consent) Staff is recommending that the City Council Approve a Resolution Approving the 2026 Sunfish Lake Park Deer Hunt. The recommended motion for this action is as follows: “Move to approve Resolution No. 2026-057, Approving the 2026 Sunfish Lake Park Deer Hunt.” ATTACHMENTS: 1. Resolution 2026-057 Approving the 2026 Sunfish Lake Park Deer Hunt 2. Deer Survey Results 3. Deer Hunt Schedule 4. Washington County Deer Management Presentation 2026 Sunfish Lake Park Deer Management Hunt Schedule Stand set up Hunt dates Stand take down Sunday Oct 24th,2026 Mon Oct 26th- Wed Oct 28 Thur Oct 29th Sunday Nov 7th, 2026 Mon Nov 9th - Wed Nov 11th Thur Nov 12th 2026 Archery Deer Harvest Proposal for Lake Elmo Park Reserve and Sunfish Lake Park Dan MacSwain –Natural Resource Coordinator II July 20,2026 Outline •Deer Management Goals •Deer Surveys •Deer Harvest History for Lake Elmo Park Reserve and Sunfish Lake Park •2021 Deer Harvest Details •Metro Bowhunters Resource Base •2026 Deer Harvest Recommendation •Questions Deer Management Goals •Herd Health •Reduce over-browsing ▪Excessive browse prevents establishment and regeneration of native plants ▪MN Department of Natural Resources (DNR) recommends target population density of 10-20 deer per square mile •Reduce vehicle/deer collisions on roadways •Engage community, reduce nuisance issues •Provide enjoyable wildlife viewing for visitors Deer Surveys •Pre-2026 –Helicopter data •2026 –Survey done in April via drone •128 deer in Lake Elmo Park Resere •57 deer in Sunfish Lake Park Drone Image Drone ImageHelicopter Image Deer Harvest History for Lake Elmo Park Reserve and Sunfish Lake Park •1993 to 2015, eight shotgun deer harvests conducted. •2021 switched to archery deer harvest with Metro Bowhunters Resource Base (MBRB) 2021 Archery Harvest Details •Two 3-day hunt periods per park; •44 deer harvested by 39 hunters; 64% antlerless • Sunfish Lake Park Closed • Lake Elmo Park Reserve portions remained open •No hunt buffers on perimeter of park and trails that remained open 6 Metro Bowhunters Resource Base (MBRB) •Volunteer Board Members manage organization •600-700 Hunters join or renew annually; hunters are trained and tested every year •60-80 Coordinators manage hunting operations and enforce strict policies •IT Staff manage website www.mbrb.org, automate random lottery picks for hunters, capture data Experienced with other government agencies where hunting is not normally allowed Requires skilled hunters and enforces strict policies Less staff time required No fee for partnership and covered by insurance 7 Metro Bowhunters Resource Base (MBRB) Continued •Safety-Focused Policies ▪Public Safety ▪Weather Policy ▪Hunter equipment standards ▪Mandatory 5-point fall restraint system ▪No homemade DIY equipment •Hunter Education ▪State-Certified Bowhunter Education Course required ▪Annual education for hunters and coordinators ▪Hunt orientation with partner agency 8 2026 Deer Harvest Recommendation Harvest Details ▪Goal of 40 deer harvested ▪25 hunters, 4 coordinators ▪Two 3-day hunt periods •Hunt #1: October 26-28 (M to W) •Hunt #2: November 9 – 11 (M to W) ▪Close - Sunfish Lake Park ▪Close West side and Nordic Center Trails at Lake Elmo Park Reserve Communication Plan ▪City of Lake Elmo Park Commission ▪City of Lake Elmo Council ▪County Board ▪Letters to neighbors ▪Press release ▪Social media blasts ▪Hunter/coordinator orientation ▪Trail closure notifications Motion Requested: To approve the City of Lake Elmo and Washington County, in coordination with the Metro Bowhunters Resource Base (MBRB), to implement a 2026 archery deer harvest at Lake Elmo Park Reserve and Sunfish Lake Park. 9 Questions? CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2026-057 A RESOLUTION APPROVING THE 2026 SUNFISH LAKE PARK ARCHERY DEER MANAGEMENT HUNT WHEREAS, the City of Lake Elmo wishes to manage the deer population within the city limits of Lake Elmo; and, WHEREAS, the deer population can result in a number of conflicts between deer and people; and, WHEREAS, deer in urban areas, for the most part, lack natural predators to control deer populations and deer in large numbers can cause significant habit damage; and, WHEREAS, all Metro Bow Hunter selected competent and capable hunters must follow state hunting regulations and city/county direction; and, WHEREAS, city code section 130.15 allows, by resolution, hunting on City- owned property; and, NOW, THEREFORE, BE IT RESOLVED, the Public Works Director, together with Washington County and the Metro Bow Hunters Association, will conduct an archery deer management hunt located in Sunfish Lake Park to occur October 26, 27 and 28 and November 9, 10 and 11 in the year 2026. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTH DAY OF AUGUST 2026. CITY OF LAKE ELMO By: __________________________ Charles Cadenhead (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk STAFF REPORT DATE: August 5th 2026 Consent agenda TO: Mayor and Councilmembers FROM: Clark Schroeder Special Projects manager AGENDA ITEM: Amendment to farm lease CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Responsive, transparent, adaptive governance ☒ Managed Growth ☐ Efficient, reliable, innovative services ☐ Balanced Finances now and future ☒ Resilient Infrastructure BACKGROUND: This is an amendment to the farm lease for 180 acres we own by the public works building. ISSUE BEFORE COUNCIL: Approve amendment. PROPOSAL DETAILS/ANALYSIS: The city will be doing some soil borings on parcels 1 and 2 of the 180 former 3M land. This land is farmed by David See currently. The soil borings will be used to help support the design of the sanitary sewer extension north of the Railroad tracks. This work is scheduled to begin Mid-August so before the crops are harvested. In our lease, we anticipated we might need to access the property for some reason in the mid-growing season. In this case, we will be on the property for 2 days, our path would most likely damage paths that are around 8 feet wide. Maybe 8,000 to 10,000 SF of damage. With this amendment we are documenting that we reimbursed Mr. See with a decrease in rent he pays for the fall payment after harvest. We will use the average yield per 10,000 SF and deduct what is owed in the fall. FISCAL IMPACT: Unknown at this time due to unknown damaged area and average yield that would have happened in that area damaged area. OPTIONS: Approve amendment RECOMMENDATION: If removed from consent agenda. Move to approve first amendment to farm lease. ATTACHMENTS: Farm lease amendment, map, and legal description 1 LA515\1\1107380.v1 FIRST AMENDMENT TO FARM LEASE This First Amendment to Farm Lease (“First Amendment”) is made this ____ day of ________________, 2026, by and between the City of Lake Elmo, a Minnesota municipal corporation (the “City”) and David See, d/b/a David See Farms (the “Tenant”). WHEREAS, the City and the Tenant entered into that certain Farm Lease dated as of ___________ (the “Lease”) providing for the rental by the Tenant of approximately 129 acres of the property legally described on the attached Exhibit A (the “Leased Premises”); and WHEREAS, the City has requested that it be allowed to enter the Leased Premises in order to take soil borings and said borings may damage some of the Tenant’s crops; and WHEREAS, the Tenant is willing to allow the City to enter the Leased Premises and obtain the soil borings so long as the Tenant is compensated by the City for any crops that are damaged by the City; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, the City and the Tenant hereby agree as follows: 1.Amendment to Section 5 of the Lease. Section 5 of the Lease is amended to read as follows: 5.Quiet Enjoyment. The City warrants that it has full right to execute and to perform this Lease and to grant the estate demised, and that the Tenant, upon the Tenant’s performance of all the terms, conditions, covenants, and agreements on the Tenant’s part to be observed and performed under this Lease, may peaceably and quietly enjoy the Leased Premises subject to the terms and conditions of this Lease, with the exception that the City may enter the Leased Premises and obtain soil borings from the Leased Premises in the locations shown on the attached Exhibit C. The City shall provide the Tenant with 24 hours’ notice of its entry in accordance with Section 6 of this Lease. Should any of the Tenant’s crops be damaged due to the City’s activities of taking soil borings, the City shall compensate the Tenant for the lost corps. Said calculation of lost crop compensation shall be done at the time of harvest. If payment is required, it shall be deducted from the second installment of rent that is due on November 15th. 2 LA515\1\1107380.v1 2.The Lease is amended to include a new Exhibit C. Said new Exhibit C shall read as follows: EXHIBIT C Locations of the Soil Borings and Access Paths 3 LA515\1\1107380.v1 4 LA515\1\1107380.v1 3.Miscellaneous. Except as specifically provided herein, the terms and conditions of the Lease are confirmed and continue in full force and effect. 5 LA515\1\1107380.v1 IN WITNESS WHEREOF, the City and Tenant have executed this First Amendment to Farm Lease as of the date written above. CITY OF LAKE ELMO By: ________________________________ Charles Cadenhead Its:Mayor By: ________________________________ Julie Johnson Its:City Clerk TENANT By: ________________________________ David See, d/b/a David See Farms 6 LA515\1\1107380.v1 EXHIBIT A Legal Description of the Property (PID 16.029.21.24.0002) STAFF REPORT DATE: 8/5/2026 CONSENT TO: Mayor and Councilmembers FROM: City Clerk Julie Johnson AGENDA ITEM: Approve Easton Village Neighbors Market Special Event Permit CORE STRATEGIES: ☒ Vibrant, inclusive, connected community ☐ Responsive, transparent, adaptive governance ☐Managed Growth ☐ Efficient, reliable, innovative services ☐ Balanced Finances now and future ☐ Resilient Infrastructure BACKGROUND: Melissa Hathaway of One Light Studio located in Easton Village has submitted a request for a special event permit for a neighborhood market on September 19, 2026. ISSUE BEFORE COUNCIL: Should the Council approve a permit for the Easton Village Neighbors Market event? PROPOSAL DETAILS/ANALYSIS: The event is expected to draw approximately 300 - 500 attendees during the event scheduled for 9:00 a.m. to 1:00 p.m. on Saturday, September 19th in Pilot Park. The organizer plans to include people who live in Easton Village and Northport neighborhoods who are makers, vendors, artisans, bakers, food trucks, etc. Staff has conducted a review of the application and recommend approval with a condition that the applicant provide additional portable toilets and trash receptacles. FISCAL IMPACT: None OPTIONS: 1) Approve the special event permit for Easton Village Neighbors Market as submitted 2) Approve the special event permit for Easton Village Neighbors Market with amendments 3) Do not approve the special event permit for Easton Village Neighbors Market RECOMMENDATION: (if pulled from Consent) Motion to approve the special event permit for the Easton Village Neighbors Market as submitted. ATTACHMENTS: Special event permit application Special Events Permit Application Date of Application:7-27-2026 Event Information Title / Name of Event Easton Village Neighborhood Market Location (Address) of Event: (If located in a city park, please indicate which park) Pilot Park, Easton Village Event Set up Date 9-19-2026 Set up Time 8am End Time 2pm Actual Event Date 9-19-2026 Start Time 9am End Time 1pm Description of Event (please be specific - this information will be used to promote the event on the City of Lake Elmo website:) This vendor market is for the purpose of creating an opportunity for our local community, as well as the greater Lake Elmo and surrounding areas! People who LIVE in Easton Village and Northport neighborhoods, who are: makers, vendors, artisans, bakers, food trucks, would all have the opportunity to set up in Pilot Park and create the first "Easton Village Neighborhood Market"! The location offers a large space for set up, where tents would line the paved walkway for easy access, and the play structure and space would offer enterntainment and fun for children and families. This opportunity would allow for local creators and vendors to sell their goods, meet neighbors, and get their names "out there" for future events. Estaimated attendance number: 300-500 Sponsoring Organization Name: One Light Studio Address 11704 33rd St. N City Lake Elmo State Mn Zip Code 55042 Phone Number 608-333-1190 Email Address onelightstudioart@gmail.com Website Address:www.onelightstudioart.com Name of contact person during event: Melissa Hathaway Phone:608-333-1190 Alternate contact during event: Drew Hathaway Phone:608-697-5582 Refer media contacts to: Melissa Hathaway Phone:608-333-1190 Site Plan / Route Map: A site plan or route map is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows How many signs/ banners will be put up? 2 Will there be inflatables? No Insurance certificate from rental vendor is required. Will there be entertainment? No What type?Park play equipment Will sound amplification be used? No Hours and Type (noise ordinance enforced) None Will a tent(s) be set up?Yes Dimensions Yes, multiple 10x10 size tents Will merchandise be sold? Yes What merchandise?Vendor-specific; art, handmade goods, baked goods, ice cream, etc. How many vendors?7-10 Will food be sold?Yes County Health Department (651) 430-6655 Will food be cooked/ prepared on site? Yes If yes, must contact Lake Elmo Fire Department, (651) 747-3930 Will alcohol be served, but not sold? No See ordinance for instructions Will alcohol be sold?No See ordinance for instructions Will there be a fireworks display? No Permit required, contact Lake Elmo Fire Department (651) 747-3930 Describe power needs and location of power. none Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available. social media, flyers around town City Services (After reviewing the event application, City services may be required for the event.) Will the event close or block any of the following: If yes SPECIFY LOCATION on site map. County permit is required for county roads. City or County Streets or Right-of-Way: No If yes, please list streets / Right-of-Way to be closed or blocked: NA Will event need barricade? No Number needed:NA Will a park reservation be needed? Yes Which park?Pilot Park Describe your plan for restrooms: (recommend 1 per 100 attendees in 4 hour period) one portapotty will already be on site Describe trash removal and cleanup plan during and after event: (Plan must be approved by Public Works) All vendors will be responsible for assisting in the clean up and trash removal of the park Will the event use an assigned route? No How many hours will route be in use? NA Will event need traffic control? No Contact Washington County Sheriff Department for assistance, (651) 430- 7600 Describe crowd control procedure to ensure the safety of participants and spectators: There will not be a need for crowd control. This is a come and go event. Will "No Parking" Signs be needed? No Number needed: (show locations on site map) NA Will water from a hydrant be needed? No Contact Public Works (651) 747-3930 - Fee required Will event need EMS services? No Contact Lake Elmo Fire Department (651) 747-3930 Describe plans to provide first aid, if needed (Cannot leave blank) First aid kit will be on site, located at the One Light Studio tent. For extreme events, EMS will be called. Describe the emergency action plan if severe weather should arise (cannot leave blank) Should severe weather be predicted, event will be postponed to the rain date of Sept. 20th. List any other pertinent information None The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Lake Elmo and is a release of Liability. Signature of Applicant or Authorized Agent Melissa Hathaway Date 7-27-26 Once the application is received, your application will be routed to the appropriate staff for approval or denial. Email not displaying correctly? View it in your browser. STAFF REPORT DATE: 8/5/26 CONSENT TO: Mayor and Councilmembers FROM: City Clerk Julie Johnson AGENDA ITEM: Approve Special Event Permit for the Lake Elmo Street Dance CORE STRATEGIES: ☒ Vibrant, inclusive, connected community ☐ Responsive, transparent, adaptive governance ☐Managed Growth ☐ Efficient, reliable, innovative services ☐ Balanced Finances now and future ☐ Resilient Infrastructure BACKGROUND: City Council is respectfully requested to consider approval of a special event permit for a street dance scheduled for September 12, 2026. In addition, the City Council is requested to waive the $75 permit fee. ISSUE BEFORE COUNCIL: Should the Council approve the special event permit and waive the fee? PROPOSAL DETAILS/ANALYSIS: The city will be hosting a street dance again this year with food trucks, beverage tents and kids activities. The event will take place at Lions Park on September 12th from 5:00 p.m. to 10:00 p.m. The library alley and Laverne Avenue will be closed from 33rd Street to 36th Street to accommodate the street dance and seating. FISCAL IMPACT: None OPTIONS: Approve or deny the application RECOMMENDATION: (if pulled from Consent) Motion to approve the special event permit for the Lake Elmo Street Dance and waive the fee. ATTACHMENTS: Special Event Permit Application and map EVENTS PERMIT APPLICATION 3880 Laverne Ave N, Lake Elmo, MN 55042 Telephone: 651-747-3900 Date of Application: 7/23/2026 Event Information Title/Name of Event Lake Elmo Street Dance Event Date/Time:Set up:Date 9/11/2026 Time 8am to Actual Event:Date 9/12/2026 Time 5pm to 10pm Clean up:Date 9/13/2026 Time to 9am Location (Address) of Event:Laverne Ave from 33rd to 36th and east on 36th (If located at a city park, please indicate which park) Description of Event (please be specific - this information will be used to promote the event on the City of Lake Elmo website:) Street Dance / Food Trucks / Beverage Tents / Kids Activities Estimated Attendance (participants and spectators): 2000 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: City of Lake Elmo Mailing Address: 3880 Laverne Ave N City, State, Zip Code: Lake Elmo, MN 55042 Primary Contact/Applicant Name: Nicole Miller / Dustin Kalis / Pete Tholen Phone Number: 651-747-3900 Cell Phone: Email Address: Nicole Miller Website Address: Name of contact person during event: Charles Cadenhead Cell Phone: 612-300-5403 Alternate contact during event:Pete / Dustin Cell Phone: 651-248-7828/-983-7030 Refer media or citizens inquires to:Phone: Site Plan / Route Map: A site plan or route map is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No Yes ✔Number and size: 2, firehall and park Will there be any inflatables?No Yes ✔Insurance certificate from rental vendor is required Will there be entertainment?No Yes ✔What type:music, dancing Will sound amplification be used?No Yes ✔Hours and Type: 6pm-9pm Noise Ordinance Enforced Will a tent(s) be set up?No Yes ✔Dimensions: 2 0 x 3 0 , 4 0 x 4 0 , must contact Lake Elmo Fire Department, 651-747-3930 Will merchandise be sold?No ✔Yes How many Vendors expected: Will food be sold?No Yes ✔Food Trucks County Health Dept. 651-430-6655 If yes, must contact L a k e E l m o Fire Department, 651-747-3930 Will food be cooked/prepared on site?No Yes ✔and contact Washington County Health Department, 651-430-6655 Will alcohol be served but not sold?No ✔Yes See ordinance for instructions Will alcohol be sold?No Yes ✔See ordinance for instructions Will there be a fireworks display?No ✔Yes Permit required, contact Lake Elmo Fire Department, 651-747-3930 Describe power needs and location of power source. power for band, beer trailer, inflatables Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available social media, flyers, city website City Services (After reviewing the event application, City services may be required for the event.) Will event close or block any of the following: If yes specify location on site map. County permit is required for county roads. City or county Streets or Right-of-way:No Yes ✔ If Yes, please list streets / Right-of-Way to be closed or blocked: Laverne from 33rd to 36th, east on 36th and library alley Public Parking Lots or Spaces:No Yes ✔ If Yes, specify below which parking lots on which days Lot _Lions, Old Fire Hall, Library_ - Dates: 9/12/26 Lot-- Dates:Lot - Dates: Will event need barricade(s)?No Yes ✔Number needed: 12 plus two dozen cones Will a Park Reservation be needed?No Yes ✔Which- Park, Pavilion, Field, Courts: Lions Park Pavilion Describe your plan for restrooms:5 park portable toilets and 5 rented portable toilets & handwash stations. Recommendation: 1 unit per 100 attendees per 4 hour period Organizer is responsible for providing Describe trash removal and cleanup plan during and after event: Plan must be approved by Public Works 12 plus garbage cans with extra bags Organizer is responsible for providing Will event use an assigned route?No Yes How many hours will route be in use? Will event need traffic control?No ✔Yes Contact Washington County Sheriff Department for assistance, 651-430-7600 Describe crowd control procedure to ensure the safety of participants and spectators: sheriff's department Will "No Parking Signs" be needed?No Yes ✔Number needed:12 Show location(s) on site map Will water from a hydrant be needed?No ✔Yes Contact Public Works 651-747-3940 – Fee required Will event need EMS services?No Yes ✔Contact Lake Elmo Fire Department, 651-747-3930 Describe plans to provide first aid, if needed (cannot leave blank): FD will have an event crew of 4 along with the on-shift duty crew of 4. Describe the emergency action plan if severe weather should arise (cannot leave blank): Weather conditions will be monitored with NWS Event Forecasts and radar available on-scene. Will utilize band/dj PA for weather alerts and notifications. In the vent of a power failure, fire and law enforcement units will utilize vehicle base PA systems for public notifications. Shelter locations are provided in the vicinity. List any other pertinent information: ________________________ The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Lake Elmo and is a release of Liability. Signature of Applicant or Authorized Agent Date Reviewed By: Public Works Director Date Fire Chief Date Washington County Sheriff Date City Administrator Date APPROVED DENIED STAFF REPORT DATE: August 5, 2026 CONSENT TO: Mayor and Councilmembers FROM: Mike Rusenovich, Project Engineer AGENDA ITEM: Approve Pay Request No. 2 (FINAL) for the 2025 Seal Coat Project CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Responsive, transparent, adaptive governance ☐Managed Growth ☐ Efficient, reliable, innovative services ☒ Balanced Finances now and future ☒ Resilient Infrastructure BACKGROUND: Pearson Bros, Inc, was awarded a construction contract on September 2nd, 2025 to complete the 2025 Seal Coat Project. The contractor has completed the work in accordance with the contract and specifications. ISSUE BEFORE COUNCIL: Should the City Council accept the improvements and approve Pay Request No. 2 (FINAL) for the 2025 Seal Coat Project? PROPOSAL DETAILS/ANALYSIS: Pearson Bros, Inc. has submitted Pay Request No. 2 (FINAL) in the amount of $11,840.68. The request has been reviewed and payment is recommended in the amount requested. During the 2025 Seal Coat Project, the Contractor leaked hydraulic fluid along Linden Trail North resulting in a stained area on the new seal coat. Reapplication of the seal coat in the affected area could not be addressed in Fall 2025 when the issue was identified. Pearson Brothers, Inc. has been awarded the contract for the upcoming 2026 Seal Coat Project and will address the issue by applying a fresh seal coat over the stained area during the 2025 project. Work to cover the stained area will not be charged to the city. The Project Engineer is recommending the acceptance of the 2025 Seal Coat Project and release of final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on August 5, 2026 and will extend through August 5, 2027. FISCAL IMPACT: Final payment is being recommended. The final construction cost for the Project is $236,813.60. Payment remains within the authorized scope and budget. RECOMMENDATION: (if pulled from Consent): Motion to approve Pay Request #2 (FINAL) in the amount of $11,840.68 to Pearson Bros, Inc for the 2025 Seal Coat Project. ATTACHMENTS: 1.Partial Pay Estimate No. 2 (FINAL) Contractor's Application for PaymentOwner's Project No.:Engineer's Project No.:Agency's Project No.:2(FINAL) From10/01/25to 06/30/26A C D E F F1 F2 G H I J K LItem Quantity UnitsUnit Price($)Value of Bid Item(C X E)($)Quantity Previous EstimateValue Previous EstimateEstimated Quantity Incorporated in the WorkValue of Work Completed to Date(E X G)($)1 139,770.00 SY 1.68 234,813.60 139,770.00 234,813.60 139,770.00 234,813.60 234,813.60 100% - 2 8.00 EA 250.00 2,000.00 8.00 2,000.00 8.00 2,000.00 2,000.00 100% - 236,813.60$ 236,813.60$ 236,813.60$ -$ 236,813.60$ 100% -$ DescriptionWork CompletedMaterials Currently Stored (not in G)($)Contract Information Previous Estimate07/20/26BBASE BID% of Value of Item (J / F)(%)Balance to Finish (F - J)($)Work Completed and Materials Stored to Date (H + I)($)BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK PROTECT EXISTING THERMOPLASTIC PAVEMENT MARKING BASE BID TOTALContract:Bid Item No.Application Date:Application Period:Application No.:Progress Estimate - Unit Price WorkCity of Lake ElmoBolton & Menk, Inc.Pearson Bros., Inc.2025 Seal Coat ProjectOwner:25X.137950137950Engineer:Contractor:Project:Unit PriceEJCDC C-620 Contractor's Application for Payment(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.12 of 14 STAFF REPORT DATE: August 5, 2026 CONSENT TO: Mayor and Councilmembers FROM: Mike Rusenovich, Project Engineer AGENDA ITEM: Accept Improvements and Approve Security Reduction for MEP Lake Elmo LLC (Milestones Daycare Center) CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Responsive, transparent, adaptive governance ☒ Managed Growth ☐ Efficient, reliable, innovative services ☒ Balanced Finances now and future ☒ Resilient Infrastructure BACKGROUND: MEP Lake Elmo, L.L.C.. entered into a site improvement agreement with the City for the Milestones Daycare Center on November 15, 2023. Construction of the Public Improvements is now complete. ISSUE BEFORE COUNCIL: Should the City Council accept the Milestones Daycare Center improvements and reduce the security amount as outlined in the MEP Lake Elmo LLC (Milestones Daycare Center) Site Improvement Agreement? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to accept the improvements and reduce the security for the Milestones Daycare Center project. This request has been reviewed and is being recommended for approval in accordance with the approved Site Improvement Agreement. The security amount is recommended to be reduced as shown below: Current Security Amount Proposed Security Amount 1. Milestones Daycare Center $187,329 $79,557 The warranty periods for the improvements are identified on the attached Certificate of Completion. Twenty-five percent (25%) of the original security amount for the public improvement items will be retained until the applicable warranty periods have expired and all warranty corrective work has been completed. 100% of the landscaping security will be released as of this reduction. 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 taxpayers against the potential of developer default. OPTIONS: Accept the public improvements and approve the security reduction for Milestones Daycare Center. Do not accept the public improvements or approve the security reduction. RECOMMENDATION: Staff are recommending that the City Council, as part of the Consent Agenda, accept the improvements and approve the security reduction for Milestones Daycare Center as detailed in the attached worksheet. The security reduction is contingent on the developer being current with all 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: Motion to approve the security reduction for Milestones Daycare Center as detailed in the Security Reduction Worksheet, contingent on the developer being current with all payments and obligations in accordance with the Site Improvement Agreement, including a positive escrow balance as required by the City. ATTACHMENTS: 1.Security Reduction Worksheet – Milestones Daycare Center. 2.Certificate of Completion – Milestones Daycare Center. LIL EXPLORERS (MILESTONES)Time of Performance: October 31, 2024DEVELOPMENT AGREEMENT AMOUNTSCATEGORYCONSTRUCTION125%REMARKS#1#2#3#4#5#6Grading$46,560$58,200100%$58,200Sanitary Sewer$15,400$19,25075%$9,625$4,813Watermain$23,530$29,41375%$14,706$7,353Storm Sewer (w/pond structures)$111,362$139,20375%$69,601$34,801Street and Trail Cut at Entrances$10,000$12,50075%$6,250$3,125Bituminous TrailsNANASurface Water Facilities$60,700$75,87575%$56,906Street LightingNANAStreet and Traffic SignsNANAPrivate UtilitiesNANALandscaping Improvements$62,000$77,500100%$58,125$19,375Monuments$1,200$1,50075%$1,125Erosion and Sedimentation Control$27,390$34,23875%$25,678Developer's Record Drawings$5,000$6,25075%$4,688TOTALS$363,142$453,928RELEASED AMOUNTS:$158,308$108,291$107,772$0$0$0CUMULATIVE AMOUNTS:$158,308$266,599$374,371SECURITY AMOUNT REMAINING:$295,620$187,329$79,557DATE:12/17/2024 12/16/2025 8/5/2026REDUCTIONS CERTIFICATE OF COMPLETION DATE OF ISSUANCE: AUGUST 5, 2026 OWNER: CITY OF LAKE ELMO, MN DEVELOPER: MEP LAKE ELMO L.L.C. SUBDIVISION NAME: MILESTONES CHILDCARE CENTER PROJECT NO.: 24X.137267 (2022.128) This Certification of Completion applies to all work under the Site Improvement Agreement This Certification of Completion applies to the following specified parts of the Site Improvement Agreement: Section 28.A – Public Watermain Section 28.B – Public Improvements including street construction, concrete curb and gutter, materials and equipment I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Site Improvement Agreement dated November 15, 2023. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: September 1, 2025 Michael Rusenovich Reg. No. 58717 Bolton and Menk, Inc. Section 28.A Warranty Period BEGINS September 1, 2024 AND ENDS September 1, 2026 Section 28.B Warranty Period BEGINS September 1, 2025 AND ENDS September 1, 2026 STAFF REPORT DATE: August 5, 2026 CONSENT TO: Mayor and Councilmembers FROM: Jack Griffin, Senior Project Manager AGENDA ITEM: Approve MPCA Grant Agreement for Cimarron Park Water System Connection CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☐ Responsive, transparent, adaptive governance ☐Managed Growth ☐ Efficient, reliable, innovative services ☒ Balanced Finances now and future ☒ Resilient Infrastructure BACKGROUND: Earlier this year,the City of Lake Elmo was approached by Cimarron Park with a request to potentially connect the facility to City water.Cimarron Park currently has 505 units and maintains a privately owned internal water distribution system. For the purposes of long-range planning,they have presented the potential to add 65 additional units at some point in the future, replacing the existing golf course area. The golf course irrigation will continue to be served through a private well. ISSUE BEFORE COUNCIL: Should the City Council approve the MPCA Grant Agreement for Cimarron Park Water System Connection? DISCUSSION: At the request of the MPCA,staff submitted a Grant Application to prepare a feasibility study to connect Cimarron Park to City water.The Study will evaluate the performance capabilities of the current water system for meeting the added water system demands.The feasibility study will review alternative water system connection locations and identify water system improvements for extending the public watermain system to the Community.The internal watermain system would remain privately owned while the City provides a single connection location with a water valve/metering station for the bulk sale of safe drinking water. As part of the feasibility study the City engineering department will coordinate with the City’s water system modeling consultant,SEH,to perform an overall water system analysis with the added demands,to determine the necessary water system improvements needed, if any, to serve Cimarron Park. The modeling costs are included in the Grant Agreement. The study will report on the feasibility of serving Cimarron Park with City water together with proposed watermain extension improvements, improvement costs, and connection and availability fees. FISCAL IMPACT: The Grant provides for reimbursement to the City for all study costs in the amount of $27,000.The Grant expiration date is June 30,2028.The costs incurred to date,including the work to prepare the grant application will be reimbursed through the City’s 3M Settlement Administration Grant. RECOMMENDATION: (if removed from Consent): Move to approve the MPCA Grant Agreement for Cimarron Park Water System Connection,SWIFT Contract #294158,in the amount of $27,000. ATTACHMENT(S): 1.MPCA Grant Agreement (SWIFT Contract #294158). Grant Contract Agreement State of Minnesota Doc Type: Grant SWIFT Contract Number: 294158 Agency Interest ID: 90810 Activity ID: PRO20260001 This Grant Contract 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 3M - Cimarron Park Connection Feasibility Study 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 contract agreement to the satisfaction of the State. Grant Contract Agreement 1. Term of Grant Contract Agreement 1.1 Effective date: July 27, 2026, 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, 2028 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 contract 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 of Lake Elmo will conduct a feasibility study to evaluate the performance capabilities of Lake Elmo's current water system for meeting the added water system demands from a possible Cimarron Park connection, to determine the necessary water system improvements needed to connect Cimarron Park, and to estimate the watermain extension costs including connection and availability fees. 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 Docusign Envelope ID: 052ACF9C-DE47-8A63-80B9-929F58D21620 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. 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 $27,000.00 (Twenty-Seven 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 contract 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 Docusign Envelope ID: 052ACF9C-DE47-8A63-80B9-929F58D21620 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. 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 Dolliff, 520 Lafayette Road North, St. Paul, MN 55155, 651-757-2171, carlee.dolliff@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 contract 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 Docusign Envelope ID: 052ACF9C-DE47-8A63-80B9-929F58D21620 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 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. Docusign Envelope ID: 052ACF9C-DE47-8A63-80B9-929F58D21620 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. 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 Docusign Envelope ID: 052ACF9C-DE47-8A63-80B9-929F58D21620 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 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 employees 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 Docusign Envelope ID: 052ACF9C-DE47-8A63-80B9-929F58D21620 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 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. Publicly Posted Performance Evaluations For awards greater than $25,000, a grantee performance evaluation will be posted publicly in accordance with Minnesota Statutes § 16B.98, Subdivision 12 and OGM Policy 08-13. 20. 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. Docusign Envelope ID: 052ACF9C-DE47-8A63-80B9-929F58D21620 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: 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 Docusign Envelope ID: 052ACF9C-DE47-8A63-80B9-929F58D21620 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. Signatures Title Name Signature Date \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: 052ACF9C-DE47-8A63-80B9-929F58D21620 Christensen,Katie Joan July 27, 2026Contract Specialist Nicole Miller July 27, 2026City Administrator Anna M HotzAssistant Division Director July 27, 2026 STAFF REPORT DATE: 7/21/2026 REGULAR TO: Mayor and Councilmembers FROM: Administrative Services Director Jennifer Doyle AGENDA ITEM: Change in Payroll and Compensation Policy CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☒ Responsive, transparent, adaptive governance ☐ Managed Growth ☒ Efficient, reliable, innovative services ☐ Balanced Finances now and future ☐ Resilient Infrastructure BACKGROUND: Our current Payroll and Compensation policy states vacation, Earned Sick and Safe Time (ESST) and floating holiday hours do not count as “hours worked” when calculating OT hours at time and a half for our full-time firefighters. This is consistent with the Department of Labor’s Fair Labor Standards Act (FLSA.) As their “base pay,” Full-time (FT) firefighters are paid 159 regular hours and 9 overtime (OT) hours for every standard 21-day work schedule cycle. Per the current payroll and compensation policy, if they take vacation, ESST or floating holiday time, those hours are not counted as “hours worked” and therefore they lose the 9 scheduled OT hours that make up their “base pay.” This significantly reduces their “normal” pay. ISSUE BEFORE COUNCIL: Does council support changing our current Payroll & Compensation policy to allow for FT firefighters’ vacation, ESST and floating holiday time to be counted as “hours worked” for the purpose of calculating overtime hours? PROPOSAL DETAILS/ANALYSIS: The full-time firefighters that work 24-hour shifts are in a unique class of city employees as 156 of their 2912 annual hours are calculated as overtime hours as their “base pay” due to the shift schedule. They are also unique in that they are required to take vacation in 24-hour increments. We are finding that some firefighters are not taking their vacation, ESST and floating holiday accrued hours because they don’t want to lose the “base pay” hours of OT which significantly decreases their pay for that pay period. Firefighters would rather trade their shifts than lose the 9 hours of scheduled “base pay” OT for that pay cycle. This is an unfortunate solution to the problem as trading shifts can cause a couple of issues: 1.) They lose accrued vacation and holiday hours. The max carryover for firefighters is 32 hours of holiday pay and 300 hours of vacation per year. If they have over 340 hours of vacation, at the end of the year, they will lose those hours. (Per policy, all employees are allowed to “cash out” up to 40 hours over the max carryover of unused vacation hours to Deferred Comp or their HSA.) Unused ESST is paid out annually. 2.) They may end up working multiple 24-hour shifts in a row, which can be challenging both for performance and their well-being. Counting the use of accrued time as “hours worked” maintaining their regular scheduled pay is common for firefighters in other cities. As an employer, we want to encourage our employees to take their time off to have a work-life balance and support mental health and wellness. Changing this policy will help our firefighters take the time they’ve earned and allow them to retain their full “base-pay.” Employers can choose to be more generous than the FLSA and counting the various accrued hours for the overtime calculation would favor the employee and therefore not violate any standard. Staff is requesting changing the Payroll and Compensation policy to include language allowing full-time firefighter vacation hours to be considered as “hours worked” in the calculation of overtime. We are recommending change the policy effective 8/3/2026 to coincide with the start of the current pay cycle. FISCAL IMPACT: The budget already accounts for the “base pay” overtime hours in their regular pay. This could be a cost savings by reducing the accrued banks paid out annually or upon termination. (Only vacation hours are paid out at termination.) OPTIONS: Approve the requested change to policy #210- Payroll and Compensation allowing vacation, ESST and floating holiday hours to be considered “hours worked” for the full-time firefighters. Deny the requested change to policy #210- Payroll and Compensation allowing vacation, ESST and floating holiday hours to be considered “hours worked” for the full-time firefighters. RECOMMENDATION: “Motion to approve the change to policy #210- Payroll and Compensation to include firefighter vacation, ESST and floating holiday hours to be considered hours worked when calculating overtime.” ATTACHMENTS: Policy # 210 Payroll and Compensation- redlined 1 DEFINITIONS Direct Deposit – As permitted by state law, all city employees are required to participate in direct deposit. FICA (Federal Insurance Contributions Act) – FICA is the federal requirement that a certain amount be automatically withheld from employees’ earnings. Specifically, FICA requires an employee contribution of 6.2 percent for Social Security and 1.45 percent for Medicare. The city contributes a matching 7.65 percent on behalf of each employee. Certain employees are exempt or partially exempt from these withholdings (e.g., firefighters). Pay Period – A fourteen (14) day period beginning at 12:00 a.m. on Saturday through 11:59 p.m. on Friday, fourteen (14) days later. Holiday Pay – Compensation (8 hours) received when City offices are closed for an observed holiday. Firefighter Holiday Leave Bank – In lieu of holiday pay, career firefighters will accrue leave (8 hours) when City offices are closed for an observed holiday. The eight (8) hours of leave will be earned in the pay period in which the observed holiday falls and can be used at a time mutually agreed upon by the employee and the employee’s supervisor. Up to thirty-two (32) hours of firefighter holiday leave may be carried over from year to year. Firefighter holiday leave hours are not paid out upon separation of employment. Full-time employees of the city will be compensated as determined by the City Council. Unless approved by the Council, employees will not receive any amount from the city in addition to the pay authorized for the positions to which they have been appointed. Expense reimbursement or travel expenses may be authorized in addition to regular pay. Expense reimbursement checks will be paid through direct deposit. Compensation for seasonal and temporary employees will be set by the City Council at the time of hire, or on an annual basis. DIRECT DEPOSIT As provided for in Minnesota law, all employees will be required to participate in direct deposit. Employees are responsible for notifying the administrative services director of any change in status, including changes in address, phone number, names of beneficiaries, marital status, etc. When paydays fall on a holiday, deposits will be made the day before the holiday. Expense reimbursement checks will be paid through direct deposit. IMPROPER DEDUCTION AND OVERPAYMENT If an employee believes that an improper deduction or overpayment, or another type of error, has been made, they should immediately contact their supervisor. If the city determines it has made an improper deduction from a paycheck, it will reimburse the employee for the improper amount deducted and take good faith measures to prevent improper deductions from being made in the future. In cases of improper overpayments, employees are required to promptly repay the city in the amount of the overpayment. The employee can write a personal check or authorize a reduction in pay to cover the repayment. The city will not reduce an employee’s pay without written authorization by the employee. Once the overpayment has been recovered in full, the employee’s year to date earnings and taxes will be adjusted (so that the year’s Form W- 2 is correct) and the paying department will receive the corresponding credit. When an overpayment occurs, the repayment must be made within the same tax year. 2 In the exceptional situation where the overpayment occurs in one tax year and is not discovered until the next year, the overpayment must be repaid in the year it is discovered, but there will be additional steps and paperwork required. Any overpayments not repaid in full within the calendar year of the overpayment are considered “prior year overpayments” and the employee must repay not only for the net amount of the overpayment, but also the federal and state taxes the city has paid on their behalf. The city is able to recover the overpaid Social Security and Medicare taxes. Accordingly, the city will not require the employee to repay those taxes provided the employee provides a written statement that he/she will not request a refund of the taxes. The overpayment amount will remain taxable in the year of the overpayment since the employee had access to the funds. The employee is not entitled to file an amended tax return for the year but may be entitled to a deduction or credit with respect to the repayment in the year of repayment. Employees should contact their tax advisors for additional information. TIME REPORTING Full-time, non-exempt employees are expected to work the number of hours per week as established for their position. They will be paid according to the time reported on their time sheets. To comply with the provisions of the federal and state Fair Labor Standards Act, hours worked, and any leave time used by non- exempt employees are to be recorded daily and submitted to payroll on a bi-weekly basis. This is done electronically through the City’s payroll software. Time sheets should be entered and approved by the employee and approved by the employee’s immediate supervisor. Approving and submitting electronic time sheets acts as a signature. Reporting false information on a time sheet may be cause for immediate termination. OVERTIME / COMPENSATORY TIME The City of Lake Elmo has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. The city administrator (with input from the administrative services director) will determine whether each employee is designated as “exempt” or “non-exempt” from earning overtime. In general, employees in executive and professional job classes are exempt; all others are non- exempt. NON-EXEMPT EMPLOYEES (Overtime-Eligible) For most employees the workweek begins at 12:00 a.m. on Saturday and runs until the following Friday night at 11:59 pm. Supervisors may establish a different workweek based on the needs of the department, subject to the approval of the city administrator. The employee’s supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action. Overtime-eligible employees will be compensated at the rate of one -and-one-half (1.5) times their hourly pay rate for all hours worked over 40 in one workweek. Vacation and ESST hours taken do not count towards “hours worked.” Paid holidays do count toward “hours worked.” Career firefighters will be compensated at the rate of one-and-one-half (1.5) times their hourly pay for all hours worked over 159 in the designated 21-day cycle. Vacation, ESST and Holiday Leave hours taken, count towards “hours worked” for the purpose of calculating overtime. Firefighter Holiday Leave hours do not count towards “hours worked.” For any overtime hours worked on a City holiday Career Firefighters shall be paid two (2) times their hourly pay rate. Employees may earn compensatory time at the rate of one- and one-half (1.5) times in lieu of overtime pay, upon mutual agreement between the employe and the employer. 3 Overtime earned will be paid at the rate of time-and-one-half on the next regularly scheduled payroll date, unless the employee indicates on their timesheet that the overtime earned is to be recorded as compensatory time in lieu of payment, upon supervisor approval. Compensatory time balances should not exceed fifty (50) hours with a maximum carryover of forty (40) hours per year. Once an employee has accrued a balance of fifty (50) hours of compensatory time no further compensatory time may accrue. All further overtime will be paid. Employees may request and use compensatory time off in the same manner as other leave requests. All compensatory time will be marked as such on official time sheets, both when it is earned and when it is used. The Finance Department will maintain compensatory time records. As of the last pay period in November of each year, all accumulated compensatory time above the maximum carryover amount of forty (40) hours shall be paid to the employee at the hourly pay rate the employee is earning at that time. All compensatory time accrued will be paid when the employee leaves city employment at the hourly pay rate the employee is earning at that time. EXEMPT EMPLOYEES (Non-Overtime-Eligible) Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountancy, an exempt employee will need to work 40 or more hours per week. Exempt employees do not receive extra pay for the hours worked over 40 in one work week. Exempt employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full weekly salary for any week in which any work is performed. The City of Lake Elmo will only make deductions from the weekly salary of an exempt employee in the following situations: • The employee is in a position that does not earn vacation or personal leave and is absent for a day or more for personal reasons other than sickness or accident. • To offset compensation received for military pay. If an employee works part of the week in military service, the city must pay the entire week’s salary to the employee, but the city shall offset the amount of the military pay for the week against the employee’s salary. • The employee is in a position that earns sick leave, receives a short-term disability benefit or workers’ compensation wage loss benefits, and is absent for a full day due to sickness or disability, but he/she is either not yet qualified to use the paid leave or he/she has exhausted all of his/her paid leave. • The employee is absent for a full workweek, and for whatever reason, the absence is not charged to paid leave (for example, a situation where the employee has exhausted all of his/her paid leave or a situation where the employee does not earn paid leave). • The very first workweek or the very last workweek of employment with the city in which the employee does not work a full week. In this case, the city will prorate the employee’s salary based on the time actually worked. • The employee is in a position that earns paid leave and is absent for a partial day due to personal reasons, illness, or injury, but: • Paid leave has not been requested or has been denied. 4 • Paid leave is exhausted. • The employee has specifically requested unpaid leave. • The employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all employees. • The employee takes unpaid leave under the FMLA. • The City of Lake Elmo may for budgetary reasons implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the salary of an exempt employee. In this case, the employee will be treated as non-exempt for any work week in which the budget- related deductions are made. The City of Lake Elmo will not make deductions from pay due to exempt employees being absent for jury duty or attendance as a witness. Employees must provide copies of any compensation received for jury or witness duty, which will be deducted from the employee’s paycheck. Pay for expenses may be kept by the employee. If the city inadvertently makes an improper deduction to the salary of an exempt employee, the city will reimburse the employee and make appropriate changes to comply in the future. If an employee thinks that a wage deduction was made in error, please contact the administrative services director promptly. All employees, in all departments, are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. HOLIDAY COMPENSATION All benefit eligible employees who are on active status (not a leave of absence) the day preceding and the day following an observed City holiday are eligible to receive holiday compensation. Any employee on a leave of absence without pay from the city is not eligible for holiday pay. Full-time employees will receive eight (8) hours of Holiday Pay on the observed holiday. Part-time employees will be paid on a prorated basis determined by the number of hours they work per week. Career and POC firefighters, seasonal, and temporary employees will not receive Holiday Pay on observed City holidays. Career firefighters will not receive Holiday Pay on observed City holidays. Career firefighters will receive eight (8) hours of accrued time deposited to their Firefighter Holiday Leave (FFHL) Bank on the paycheck for the pay period in which the observed holiday falls. Firefighter Holiday Leave must be preapproved by a supervisor and be used in eight (8) hour increments. Firefighter Holiday Leave time does not counts towards hours worked when determining overtime. Up to thirty-two (32) hours of firefighter holiday leave hours may be carried over into the following year. Firefighter Holiday Leave bank hours will not be paid out upon separation. PAY FOR TIME WORKED ON A HOLIDAY Non-exempt employees assigned to work on any observed City holiday are paid one-and-one-half times the employee’s regular hourly pay rate for all such hours worked. Career Firefighters required to work on a City holiday shall be paid one and one-half (1.5) times their hourly pay rate for hours worked during the 24-hour period starting at 12:00 a.m. and ending at 11:59 p.m. on the actual City holiday, not the day City offices are closed to observe the holiday. For any overtime hours worked on a City holiday Career Firefighters shall be paid two (2) times their hourly pay rate. 5 LEAVE POLICY FOR EXEMPT EMPLOYEES Exempt employees are required to work the number of hours necessary to fulfill their responsibilities, including evening meetings and/or on-call hours. The normal hours of business for exempt staff are Monday through Friday, 8 a.m. to 4:30 p.m., plus evening meetings as necessary. Exempt employees are required to use paid leave when on personal business or away from the office for more than fifty (50) percent of their scheduled shift. For example, if they work eight (8) hour days and work 4.25 hours they do not need to take paid leave for the remaining 3.75 hours. If they work four (4) hours, then paid leave should be used for four (4) hours. Absences of less than fifty (50%) percent of a regular shift do not require use of paid leave as it is presumed that the staff member regularly puts in work hours above and beyond the normal 8 a.m. to 4:30 p.m. Monday through Friday requirement. Exempt employees must communicate their absence to the city administrator or his/her designee. If an exempt employee is regularly absent from work under this policy and it is found that there is excessive time away from work that is not justified, the situation will be handled as a performance issue. If it appears that less than forty (40) hours per week is needed to fulfill the position’s responsibilities, the position will be reviewed to determine whether a part-time position will meet the needs of the city. Additional notification and approval requirements may be adopted by the city administrator for specific situations as determined necessary. STAFF REPORT DATE: 8/5/2026 REGULAR MOTION TO: City Council FROM: Sophia Jensen, Senior City Planner & Miranda Moulis, Planning Assistant AGENDA ITEM: Zoning Text Amendment and Conditional Use Permit – 9591 60th St (MYP) CORE STRATEGIES: ☐Vibrant, inclusive, connected community ☒Responsive, transparent, adaptive governance ☐Managed Growth ☒Efficient, reliable, innovative services ☐Balanced Finances now and future ☐Resilient Infrastructure BACKGROUND: The owners of MYP Landscape Supply located at 9591 60th St (PID 03.029.21.12.0001), have requested a zoning text amendment to include landscape supply sales as a conditional use to LEC 105.12.630 Table 9-1 in the Agricultural zoning district with added performance standards in 105.12.650 and the use definition in LEC 105.12.110. The applicant has also requested a conditional use permit amendment to expand the operation of a landscape supply sales business at their property. Since 1988, the site has been under a conditional use permit for an open sales lot and has engaged in the sale of stone and landscape supplies (previously Lauseng Stone). The current proposal is to add “landscape supply sales” into the official list of uses for the Agricultural zoning district. The City Code currently defines “garden center” but that only applies to nurseries or lawn and garden centers. While MYP may sell similar garden center items such as trees, shrubs, mulch, and plant material, they also sell other items, which include rock, stone, pavers, and gravel which is outside the scope of garden centers and a unique business within the City. In order to change their site layout or expand their business “landscape supply sales” must be a defined use in the Agricultural zoning district in order for a conditional use permit to be granted. In 2023, the property owners requested a text amendment to include yard waste recycling and landscape supply wholesale as conditional uses in the Agricultural zoning district. Due to concerns regarding the noise and odor associated with yard waste recycling and the state of noncompliance of the property, the City Council voted to deny the text amendment request. Following the denial, the owners were required to bring the property into full compliance with its 1988 CUP and current city code standards, including ceasing recycling operations. City staff confirmed that the site was brought into compliance during their inspection of the property in June of 2024. Since the site compliance in 2024 City Staff has only received 2 complaints, only one of which required minor corrective action which was related to allowed business area. PROPOSAL DETAILS/ANALYSIS: Applicant/Property Owner: Yamile Gonzalez DBA: QBAN Properties, MYP Landscape Supply, & Valdes Lawn Care & Snow Removal Location: 9591 60th St N Request: Zoning Text Amendment and Conditional Use Permit Amendment for Landscape Supply Sales Site Area: 23.75 acres Existing Land Use: MYP Landscape Supply, Valdes Lawn Care & Snow Removal Existing Zoning: Agricultural (A) Surrounding North – State Highway 36 South – Residential Estate East – Open Space PUD West – Residential Estate and Rural Residential Comprehensive Plan: Rural Area Development (RAD) Deadline for Action: Application Complete – 6/11/2026 60-Day Deadline – 8/10/2026 City Council Date – 8/5/2026 Regulations: Article XI Rural Districts LEC 105.12.110 Zoning Use Types and Classifications Article VIII Environmental Performance Standards 105.04 – XIV Stormwater and Erosion and Sediment Control ISSUE BEFORE CITY COUNCIL: The City Council is being asked to make a decision on the proposed zoning text amendment and conditional use permit for landscape supply sales business in the Agricultural zoning district. PROPOSED ANALYSIS – ZONING TEXT AMENDMENT: Staff finds this request is consistent with the past use of the property. Proposed amendments are attached to the report. Staff also finds the proposed use, with conditions and performance standards, is consist with the intent of the Agriculture zoning district. The standards proposed are generally based off of the intent of the non-agriculture low impact section, which may allow a large property owner an economical use of a portion of their property that is zoned agriculture. Staff also finds this request consistent with the 2040 Comprehensive plan as it relates to goals and intent around the Rural Area Development guidance, land use transitions, and natural resource systems. City Staff recommends approval of the amendments as proposed by the applicant. Since a zoning text amendment applies to all properties with the Agriculture zoning the performance standards provide high level guidelines. If/when a conditional use permit request comes in, the City may add additional specific conditions to mitigate any unique site specific concerns. PROPOSAL ANALYSIS – CONDITIONAL USE PERMIT: The applicant is proposing to expand their business by adding a tree and shrub nursery, storage area, and Valdes Lawncare, which will store vehicles and equipment to be used onsite for customer vehicle loading and delivery/placement services for purchased materials. No new structures are proposed. Hours of operation. No changes are proposed to the existing hours as outlined in the 1988 CUP. The business will continue to operate Monday through Saturday between 8 am and 8 pm and on Sundays between 10 am and 5 pm. Parking. The 1988 CUP limits parking on site to 30 cars, and no changes are being requested. The 30 car limit does not include heavy equipment. Specific Development Standards. If the text amendment is approved as proposed, the CUP request must meet the specific requirements for a Landscape Supply Sales business. The applicant will be required to meet the specific requirements as a condition of approval: 1.Zoning. The property is zoned agricultural and will be required to remain so zoned while the conditional use permit is in effect. 2.Minimum Lot Area. The parcel meets the minimum 15-acre size requirement. The parcel is 23.7 acres in size. 3.Traffic . The use may not generate more than three trips per day per acre (~71 trips per day). The request should not increase traffic above normal operations. The site access is not proposed to change with this request. Direct access will be maintained off of Highway 36 until the time a frontage road is installed or shared access is available. Access to Keats Ave. or 57th St. is not recommended. 4.Exterior Storage. Exterior storage of vehicles, equipment, or goods must be located a minimum of 200 feet from any public roadway and 50 feet from any adjacent landowner’s boundary. Such outside storage must be screened from view from adjacent property and the public roadway by berms and landscaping. The applicant’s proposal meets the setback requirements for exterior storage. The applicant is proposing to add an arborvitae berm along the East property line and a retaining wall and Black Hills Spruce border in the Southeast corner. Vegetative screening already exists along the South and West property lines. No trees are planned to be removed as part of the business expansion. A condition of approval has been added regarding 9597 60th St. 5.SAC Units. The use may not generate more than 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land, whichever is more restrictive. The property is on private septic system which was installed and verified in September 2025. 6. Non-Business-Related Land Area. The property owner must maintain the remaining land outside of the conditional use permit area in accordance with the permitted uses of the agricultural zoning district and the required practices of the soil and water conservation district. The land not used as part of the business will remain in its current natural state, primarily woods. 7. Stormwater. Rate and volume of stormwater runoff must meet the requirements of the city’s stormwater ordinance and VBWD requirements. 8. Structures. The standards for buildings or structures shall not apply to structures built prior to the effective date of the ordinance from which this chapter is derived. There are currently 4 buildings on site, no new buildings or structures are proposed. 9. Noise and light. The site operation must meet the requirements of the City’s noise and light ordinance. REVIEW COMMENTS: This request was distributed for agency review on June 15th, 2026. Below is a summary of the comments received: City Engineer (7/3/26) – Provided comments regarding stormwater management and access management. Staff has added a condition where applicable. Valley Branch Watershed District Email (6/29/26)– Provided comments regarding Klawitter pond and access feasibility. Staff has added a condition where applicable. MN Department of Transportation – Did not have comments on the applications. Lake Elmo Fire Department – Did not have comments on the applications. RECOMMENDED ZONING TEXT AMENDMENT FINDINGS: 1. The applicant has met the application requirements in accordance with LEC 105.12.280 2. The applicant is requesting to amend LEC 105.12.620 Table 9-1, LEC 105.12.650, and LEC 105.12.110 3. The proposed amendments would allow the to apply for an expanded conditional use permit 4. The proposed amendment is consistent with the 2040 comprehensive plan 5. The proposed amendment meets the purpose and intent of the Agriculture zoning district with the added performance standards. RECOMMENDED CONDITIONAL USE PERMIT FINDINGS: Conditional use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls only upon a finding that all of the following provisions are met. Staff recommends the following findings: 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed use should not be detrimental or in any way endanger the public health, safety, comfort, convenience, or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal conforms to the Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. If the proposed text amendments are approved, the proposed expansion would be permitted in the Agricultural District as a Conditional Use. Surrounding properties are residential, and the proposed expansion meets the required setbacks and landscape screening. 4. The proposed use meets all specific development standards for such use listed in the Zoning Code. If the proposed text amendments are approved, the proposed expansion would meet the specific development standards. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Article XIX (Shoreland Management) and Title 100 (Flood Plain Management). The proposed use is not in a flood plain management or shoreland area. 6. The proposed use will be designed, constructed, operated, and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed expansion should be compatible in appearance with the existing character of the general vicinity and should not change the essential character of the area. Screening and buffering will be required of the site. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed expansion should not be hazardous or create a nuisance. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed use should be served adequately by essential public facilities and services. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed use should not create excessive additional requirements at public cost for public facilities and services and should not be detrimental to the economic welfare of the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed expansion should not produce detrimental noise, smoke, fumes, glare, odors, or traffic. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The driveway width and location is not proposed to change. The proposed use should not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 12. The proposed use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. The proposed use should not impact natural or scenic features. FISCAL IMPACT: None. RECOMMENDED CONDITIONS OF APPROVAL – CUP: The original CUP conditions are in bold (Resolution 88-10), new conditions are underlined. 1.The hours of operation shall be 8:00 a.m. to 8:00 p.m., Monday thru Saturday and 10:00 a.m. to 5:00 p.m. Sunday. 2.There shall be an on-site business sign only. 3.No material shall be stored closer than 210 feet south of Highway 36 right of way 4.There shall be no more than 30 cars parked on the site. 5.The screening shall be maintained. 6.Any expansion of area and function shall require a conditional use permit amendment. 7.The applicant shall amend the land use plans to meet the screening requirements from 9597 60th Street North. 8.The property must meet all required performance standards outlined in LEC 105.12.650 subsection (k) Landscape Supply Sales. 9.The site must obtain necessary watershed permits and meet all Klawitter Pond regulations set forth by Valley Branch Watershed District. 10.The property owner shall address the plan revisions and future considerations outlined in the City Engineer memo dated 7/3/2026. 11.All past conditional use permits affiliated with the property shall now be null and void. 12.If business is not expanded into new areas within 12 months of the City’s approval, the conditional use permit shall become void. PUBLIC HEARING: A public hearing was sent to surrounding property owners within 500’ on June 29th 2026 and published in the City’s official newspaper on July 3rd, 2026, The notice was also advertised on the City’s website via the Push Notification tool. Below is a summary of the comments received: Peter Kastler (9130 55th St N) – Provided written comments regarding concerns with Highway 36 access safety, regulating heavy equipment, property maintenance and definition concerns, and concerns with the zoning and proposed screening. Harvey Taipale (9275 57th St N) – Provided written comments regarding the scope of property maintenance service and limits on vehicles. He provided additional comments on Ag Sales and access. Bonnie and Leonard Juran (9784 57th St N) – Provided comments regarding concerns with access on Highway 36, environmental impacts, conflicting land uses. John and Lori Burban (9612 57th St N) – Provided written comments regarding concerns with the text amendment language and are opposed to the CUP expansion. Alex Heughs (9747 55th St N) – Spoke at the public hearing in favor of the applications and noted how he appreciates the way the business operates and communicates with neighbors. Also noted that there are other more dangerous and noisy things that occur nearby. Pat Barrett (9692 57th St N) – Spoke at the public hearing highlighting concerns regarding traffic with Highway 36 and Klawitter pond conditions and impacts. Doug Lovett (9940 57th St N) – Provided written comments after the Planning Commission meeting in support of the applications and business as a directly adjacent property owner. PLANNING COMMISSION: The Planning Commission reviewed this request at their July 13th, 2026, meeting. The Commission voted to recommend approval of both requests as presented by City Staff subject to the recommended findings and conditions (Vote 7-0). OPTIONS: •Approve the proposed requests. •Amend the proposed requests. •Deny the proposed requests. RECOMMENDATION: Staff recommends that the City Council approve the proposed text amendment and CUP as presented by staff. “Move to adopt Ordinance 2026-XXX approving of the proposed text amendments to section 105.12.620 Table 9-1, Section 105.12.110 Zoning Use Types and Classifications, and section 105.12.650 Site Design and Development Standards as presented by City Staff” AND “Move to adopt Resolution 2026-XXX approving the request for a conditional use permit for expansion of a landscape supply sales business at the property located at 9591 60th St based on the findings of fact and subject to the conditions listed in the staff report” AND “Move to adopt Resolution 2026-XXX approving the summary of publication for Ordinance 2026-XXX” ATTACHMENTS: 1.Zoning Text Amendment Application and Narrative 2.Conditional Use Permit Application and Narrative 3.Survey and Landscape Plan Documents 4.City Engineer Memo 7/3/26 5.VBWD Email 6/29/26 6.Public Comments 7.Ordinance 206-11– Ag Text Amendment 8.Resolution 2026-055- CUP 9.Resolution 2026-056 – Summary of Publication PAVED DRIVE AREA MYP Landscape Supply Landscaping Plan 2026 9591 60th Street North, Lake Elmo, MN, 55042 MEMORANDUM Date: July 3, 2026 To: Sophia Jensen, Senior City Planner Re: MYP Landscape Supply CUP and Jason Stopa, Community Development Director Landscaping Plan 2026 Pete Tholen, Public Works Director Nate Stanley, City Engineer Chad Isakson, Assistant City Engineer From: Jack Griffin, Sr. Project Manager An engineering review has been completed for MYP Landscape Supply (9591 60th Street N) CUP and Landscaping Plan 2026 received on June 15, 2026. This review consisted of the following documentation: · MYP Landscape Supply Landscaping Plan 2026, not dated. · Zoning Text Amendment dated June 3, 2026. · Certificate of Survey date June 3, 2026. 1. Stormwater Management is required to meet Valley Branch Watershed District (VBWD) Rules. The proposed expansion will require a VBWD permit. Any infrastructure constructed for stormwater mitigation must be constructed in accordance with the City Engineering Design Standards dated March 2026. · The proposed landscape plan identifies an approximate area of 16,000 SF to be dressed with 2”-3” class V materials. The plan also proposes an area identified as “Additional Softscape Material” but does not detail the size or cover material. A VBWD permit is required for new impervious surfaces equal to or greater than 6,000 SF. · The proposed expansion plans should be revised to better differentiate the existing and proposed site improvements, including a detailed indication of the proposed surface area size(s) in square feet and coverage materials. 2. Access Management. The Zoning Text amendment, if approved, should be revised to better address access management for facility expansion, allowing the City to require potential access improvements or future access planning on a case-by-case basis. · Allow City to include Conditions of Approval that require alternate or shared access locations as part of the expansion; or · Allow City to include Conditions of Approval for the preparation of future alternate access (frontage road systems) so that the proposed expansion does not preclude implementation of any future access management plans; and · Allows the City to include Conditions of Approval that require dedicating right-of-way of roadway easements for future access management plans, obtaining cross-access agreement(s) with adjacent parcels, constructing internal circulation improvements/connections, and/or stub drives to neighboring properties. · Requires acknowledgment that direct highway access may be modified or removed in the future. From:John P. Hanson To:Sophia Jensen Cc:Josh Phillips Subject:MYP Landscaping Date:Monday, June 29, 2026 4:15:16 PM Attachments:image002.png RE 9940 59th St Floodplain.msg Hi Sophia, The MYP Landscaping issue appears to be a zoning matter. If land-cover changes are proposed, a VBWD permit may be required. MYP Landscaping is in the Klawitter Pond watershed. Klawitter Pond is landlocked and high water levels at the pond have caused flooding to properties. Valley Branch Watershed District Rule 5, Standard 3.D. states, “Snow shall not be imported or created in areas that drain into landlocked basins. Ice and snow sculptures shall not be created within areas that drain into landlocked basins unless specifically authorized by the VBWD after the applicant provides documentation that the resulting water volume will not cause flooding.” Please consider this restriction with the proposed zoning amendment. A few years ago, we discussed the possibility of providing access to the site (and the parcel immediately to the east—the Lovett parcel) from the south rather than from Highway 36 (and Keats Avenue). While that approach could benefit the residential property to the east and potentially improve safety along Highway 36, it likely has drawbacks, too. In any case, it may be worthwhile to evaluate the feasibility of this option and weigh its potential advantages and disadvantages. Thanks, John John P. Hanson, PE Valley Branch Watershed District Engineer Barr Engineering Co. JHanson@barr.com | 952.832.2622 4300 MarketPointe Drive, Suite 200 Bloomington, MN 55435 | vbwd.org From:jlburban@comcast.net To:Sophia Jensen; Pat Barrett; amendm60@gmail.com; jane@janechars.com; dunns531@gmail.com; Tprehkamp@gmail.com; daniellesarro@hotmail.com; Vriezem@gmail.com; rasmussen.matthewj@gmail.com Cc:John Burban Subject:Planning Commission meeting July 13th Date:Monday, July 13, 2026 4:08:53 PM Sophia and Planning Commission members, We, John and Lisa Burban, are longtime residents of Lake Elmo (since 1994) and reside at 8612 57th St N, a property near MYP. We are out of town and not able to attend the meeting tonight and wish that in our absence you can consider these comments as well as permit our friend and neighbor, Pat Barrett, to read these to place them in the record of the meeting. Please allot our 6 minutes to her. Regarding the zoning text amendment language for Landscape Supply Sales we are certainly in support of folks engaged in farming in an ag zoned area to use their land for additional economic opportunity. However we have issues with the proposed definition. 1. The retail sale of goods should be goods made or grown on the farm, not those that are purchased from a supplier and then distributed. That just create a distributorship which is purely commercial use of the land and has nothing to do with agriculture. 2. The list of permitted items includes PESTICIDES AND FERTILIZERS(emphasis included) which are totally incompatible with an open space lot. Runoff from these are certainly to create pollution far outside the boundary of any property and hence these uses should be stricken from the list. These sorts of material are generally sold within covered building protected from the elements. For example, Klawitter Pond is nearby and already in decline and further ingress would be harmful. Similar situations exists also in Lake Elmo 3. Property maintenance services do not have any connection to ag farming or the like and is basically operating a commercial business from land zoned agricultural and blur the distinction of zoning of properties and hence that should be removed from the definition. 4. The minimum parcel is of land is defined as 15 acres. If that is the case, suggest their be a defined portion of the ag zoned land to be used for these non-ag related business such as “landscape supply sales” as a percentage of the total land. The allotted are should be a minor percentage (less than 25%) of the overall land area, since the primary zoning is agricultural and not commercial. Otherwise what prevents all the land from being used for an essentially commercial enterprise rather than the intended ag usage? In conclusion, we are in support of a permitted use of land for Landscape Supply Sales however feel the current definition needs works and the planning commission should instruct City Staff to reconsider and rework. For example, we are fine with the actual growing of trees and shrubs as that is consistent with farming (not to be confused with the storage of containerized trees and shrubs), much like a Christmas tree farm. Regarding the second topic of the request to expand the CUP, we are not in favor of any aspect of the request at all. MYP’s inclusion of their costs to restore the land into compliance in their narrative were solely precipitated by their lack of adherence to the original CUP and the establishment of a recycling business on the site. Had they not done that, they would not have had the expense and so any mention of the expense seems like a request for consideration due to hardship inflicted and has no bearing on this discussion. We don’t know the history behind the first CUP in 1988 , but we can only assume the city limited the use of the land because of the impending development that was occurring and thus worked to minimize the incompatibility of a commercial enterprise next to residential neighborhoods. Now that the area is vastly more developed than in 1988, MYP wants to expand their land use area, this makes no sense as it just exacerbates the incompatibility of commercial businesses adjacent to residential neighborhoods. We personally don’t have an issue if they sold trees, shrubs, etc (no fertilizer or pesticides) but in our opinion they should do so on the land that was designated for them to use in a way consistent with an open lot approach that won’t create hazards, not expand their land use beyond what they have to use. When they bought the property, they knew the limitations of the property and the useable land (they certainly could see with their own eyes what part of the land was an open sales lot and what wasn’t), and probably paid accordingly given the limitations. Now they want to expand beyond what they had agreed to when they bought the property. We therefore oppose any expansion of the land use and ask that it remain as was defined in 1988. We also are not in favor of their request to park Valdes Lawncare vehicles and equipment on the site as that appears to be a convenient commercial use of the land and also since their request is unbounded in number. Note while we have experienced the noise of tailgates slamming before 8am on many occasions and have not reported these, we will do so in the future so that the City has an accurate record of issues. Allowing an expansion at this time is similar to buying a home in the flight path of an existing airport and then complaining about the noise and wanting the government to install soundproofing in your house. MYP knew what they were getting themselves into and should stick to the agreement they inherited when they chose to purchase the land. Lake Elmo residents have many options for the purchase of trees and shrubs from local businesses and their request does not satisfy any unmet need in the area. Additionally, and expansion of business will certainly lead to more traffic entering and exiting from Hwy 36, with most of the vehicular traffic be slower moving truck or vehicles with trailers. This creates a traffic safety issue for anyone utilizing HWY 36 in the area. There has already been one vehicular death right in front of MYP involving a semi truck/trailer. Please consider the risks associated with traffic in your determination. Thank you for your time and attention to this matter. John and Lisa Burban July 13, 2026 Sophia Jensen, Senior Planner, by email Lake Elmo Planning Commission RE: Zoning Text Amendment and CUP Amendment– MYP Landscape Supply I am contacting you to express a couple of concerns regarding the proposed change in permitted land use. While I have no basic objection to the MYP proposal to operate a landscape sales business at this location, I also wish to limit the potential impacts to my home on 57th St. N, and any other homes that may be impacted in the future by others wishing to take advantage of this city-wide zoning revision. I have two concerns relating to the text provided by the petitioner, highlighted in yellow in their application. First, I recommend the second sentence be revised to read; “Ancillary uses may include nurseries and supply storage. Deleting “or property maintenance services” is essential. The rationale for this is straight forward. The petitioner has previously attempted to secure approval to use this site for processing, composting, landscape waste and using the site as a landscape waste collection and transfer site. Local residents objected, citing noise, odor, and traffic concerns, resulting in Council denial of of the application. “Property maintenance services” is sufficiently broad to include the previously unacceptable activities. Property maintenance services are not normal components of a sales operation. Given the proposed language, a future further revision of the CUP to include these type of activities would be difficult to deny. This backdoor must be closed. Second, the text allows for “equipment” for loading, delivery, and site placement of materials. This is an open-ended permission. The number of on site vehicles projected in the petitioners previous application was also a negative issue. Some reasonable limitation on the number of business vehicles using the site is needed. As a side comment, the requested use is quite similar to the currently defined “agricultural sales” definition, and the requirements for both should be similar. Finally, outside the direct code requirements, there is an overall question of access The property is currently only accessible via a driveway directly entering and exiting Highway 36. Additional traffic into a sales yard, substandard entrance and egress to the site, and the ongoing efforts to upgrade Highway 36 to almost a freeway class highway suggest that a significant future traffic conflict will need to be resolved. The CUP needs to include language to prohibit local residential streets from becoming part of any future access solution. Harvey Taipale 9275 57th St N Lake Elmo 651 280 7332 From:LEONARD Juran To:Sophia Jensen Subject:9591 - 60th Street Zoning Text Amendment and Conditional Use Permit. Planning Committee Meeting tonight Date:Monday, July 13, 2026 11:54:31 AM You don't often get email from lendjuran@gmail.com. Learn why this is important To the Planning Committee: Because of health conditions, I can not attend the Planning Commission Meeting tonight. I submit the following concerns regarding MYP's Expansion: 1. The Highway 36 entrance & exit to MYP is very dangerous, especially with the addition of faster & increased traffic past MYP's Location on Hwy 36. It is a danger to anyone entering or exiting MYP's Location. Vehicles would be trucks, trailers, private cars coming & going. There is no easy way to enter the location. There is no acceleration lane or a way to merge into 70 mile per hour traffic. 2. I'm opposed to MYP's desire to increase business with BULK fertilizer, Pesticides, and other hazardous supplies. It's unsafe, not environmentally sound, and I don't want additional air & water pollution in the adjacent neighborhood. Klawatter Pond is within 25 yards of the MYP site. We need less pollution not more. 3. MYP wants to expand in what is a residential area and that doesn't make sense. 4. More storage of vehicle equipment on the property means more noise, pollution and irregular hours. Doesn't fit the property, or surrounding properties. I submit this information for review for tonight's meeting. Sincerely: Bonnie & Leonard Juran 9784-57th St. No. Lake Elmo, MN. 55042 The following is comment regarding the 9591 60th Street Zoning Text Amendment and Conditional Use Permit. Please consider these changes before approving any permit: A. Regarding staff report finding #1 “The proposed use should not be detrimental or in any way endanger the public health, safety, comfort, convenience, or general welfare of the neighborhood or the city,” this property enters and exits directly on to Highway 36. It is more likely than not that increased traffic exiting directly onto a 65 mile an hour highway will decrease safety. B. Likewise, staff report finding #11 “The driveway width and location is not proposed to change. The proposed use should not create traffic congestion or interfere with traffic on surrounding public thoroughfares” seems implausible. Vehicles leaving this business regularly interfere with the flow of traffic creating safety concerns. Expanding the type of business here will increase customer traffic. Adding a lawn care business with heavy equipment will likely interfere with traffic. A merge lane onto Highway 36 should be required before any approval. C. The staff report indicates that they will add Valdes Lawncare to the location “which will store vehicles and equipment to be used onsite for customer vehicle loading and delivery/placement services for purchased materials.” This seems disingenuous, as this lawncare and snow removal business would likely be storing more than just loading and delivery equipment. The applicant indicates that “no more than 30 cars/trailers” will be parked on site and “this total” does not include heavy equipment.” There should be a limitation as to the number of equipment units are allowed to be “stored,” if any. D. The proposed definition of “Landscape Supply Sales” under “Sales of Merchandise” use types and classifications is not consistent with industry standard definition of “landscape supply.” It should not include the language from the “Garden center (retail agriculture)” definition which already exists in zoning code and should be kept separate. Instead, it should be a separate use with the definition something akin to “Landscape supply centers means places of business primarily engaged in retail sale from the premises of bulk aggregates, organic materials, hardscape products and landscape products used to improve, structure, and maintain outdoor spaces.” Additionally, “Property maintenance services” should be removed from the “Landscape Supply Sales” definition. This is a separate business and separate use. It is not “ancillary” to landscape supply sales. It is evident from the application that the applicant intends to run a lawn care and snow removal business out of this location. Any language change should be clear and done in consideration of all future land use applications. If they want to do both uses, that may be fine, but the use types should not be combined. E.It is unclear why this parcel is zoned agricultural when no agricultural activity is occurring on it and Washington County does not classify any of the land as productive agricultural land. F.Unless it is already well-established, it is unlikely that an “arborvitae berm along the East property line” will be a viable screening solution, as arborvitae are highly susceptible to deer browsing, and deer are prolific in the area. Respectfully, Peter Kastler 9130 55th Street North Lake Elmo MN 55042 From:Doug Lovett To:Sophia Jensen Subject:MYP Date:Friday, July 17, 2026 1:28:18 PM Senior Planner Jensen, We share an 1,140’ property line with MYP. We have always had a good relationship with MYP and have no issues with their operations. We believe that MYP operates their business in a responsible manner that is a benefit to our community. We support their attempts to work with the city on ways to enhance their operations. Respectfully, Doug and Meredith Lovett 651-338-8575 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2026-11 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING TITLE 105, ZONING PERTAINING TO LANDSCAPE SUPPLY SALES SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.110 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): b)Use types and classifications. 5)Sales of merchandise. Garden center (retail agriculture) means establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, and plant materials primarily for agricultural, residential, and commercial consumers. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses include nurseries, retail greenhouses, plant stores, and lawn and garden centers. Landscape Supply Sales means establishments or places of business, operating as an open sales lot, and primarily engaged in retail sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, landscape supplies, hardscape materials, and plant materials primarily for agricultural, residential, and commercial consumers. Ancillary uses may include nurseries, supply storage, or property maintenance services. Such establishments may sell products purchased from others and may sell material which they produce on site such as plant materials and trees. Such establishments offer loading with equipment and perform delivery and site placement to customer homes, jobsites, and places of business of materials sold. This use can be made compatible with surrounding areas through landscape screening and through separation required by yard and height limitations. Neighborhood convenience store means establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores. Retail trade means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. These establishments are characterized by the following: a.They buy and receive as well as sell merchandise; b.They may process some products, but such processing is incidental or subordinate to the selling activities; and c.They predominantly sell to customers for their own personal or household use. The term "retail trade" is divided into the following subcategories for the purposes of this chapter: a.General retail. b.Antiques and collectibles store. c.Art gallery. d.Bicycle sales and repair. e.Book store, music store. f.Clothing and accessories. g.Craft or needlework shop. h.Drugstore, pharmacy. i.Electronics and appliance sales and repair. j.Florists. k.Specialty food store, including bakery, butcher shop, delicatessen, and the like. l.Jewelry store. m.Hardware store. n.Newsstands, magazine sales. o.Pet store. p.Photographic equipment and supplies. q.Picture framing. r.Secondhand store, thrift or consignment store. s.Sporting goods store. t.Stationery store. u.Tobacco store. v.Video rental or sales. w.Building supplies sales. x.Furniture and appliance sales, rental, showrooms. y.Grocery, supermarket. z.Liquor store. aa.Warehouse club sales. Shopping center means a group of commercial establishments planned, constructed, and managed as a total entity with shared access, customer and employee parking provided on-site, provision of goods delivery separated from customer access, aesthetic considerations and protection from the elements. Wholesaling means establishments engaged primarily in selling merchandise to retailers, or to industrial, commercial, institutional, or professional business customers, or to other wholesalers, or on a mail order basis to individuals or firms, or which serve as agents or brokers buying merchandise for, or selling merchandise to, individuals and companies. SECTION 2. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.620 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): 105.12.620 Permitted, Conditional, And Interim Uses Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross- references listed in the table under "Standard" indicate the location within this section of specific development standards that apply to the listed use. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts RT A RR RS RE Standard Residential Uses Household living Single-family detached dwelling P P P P P LEC 105.12.650(a) Secondary dwelling -P ---LEC 105.12.650(d) Short-term rental P P P P P LEC 105.12.500(f) Services Self service storage facility Ia Ia ---LEC 105.12.650(g) Outdoor Recreation Outdoor recreation facility -C ---LEC 105.12.540(c) Parks and open areas P P P P P LEC 105.12.110(b)(7) Restricted recreation -C ---LEC 105.12.540(b) Agricultural and Related Uses Agricultural entertainment business I I I -- LEC 105.12.1420 Agricultural production P P P --LEC 105.12.110(b)(9) Agricultural sales business I I I --LEC 105.12.1410 Agricultural services C C ---LEC 105.12.650(j) Forestry operations -P ---LEC 105.12.110 (b)(9) Greenhouses, non- retail C C C --LEC 105.12.110 (b)(9) Landscape Supply Sales -C ---LEC 105.12.650(k) Solar farm I C C --LEC 105.12.1470 Wayside stand P P P --LEC 105.12.110 (b)(9) Industrial and Extractive Uses Motor freight and warehousing Ia ----LEC 105.12.650(g) Environmental Uses Wind Generator – Ground Mounted C C C C C LEC 105.12.560(b) Wind-Generator – Roof/Structure Mounted C C C C C LEC 105.12.560(b) Accessory Uses Bed and breakfast P P P P P LEC 105.12.570 Domestic pets P P P P P LEC 105.12.110(b)(13) Family day care P P P P P LEC 105.12.110(b)(13) Home occupation P P P P P LEC 105.12.110(b)(13) Kennel, private C C C --LEC 105.12.110(b)(13) Solar energy systems P P P P P LEC 105.04.220(c) Stable, private C C C --LEC 105.12.110(b)(13) Swimming pools, hot tubs, etc.P P P P P LEC 105.08.160 Temporary sales P P P P P LEC 105.12.110(b)(13) Water-oriented accessory structures P P P P P LEC 105.12.1230 Wind Generator – Ground Mounted C C C C C LEC 105.12.560(b) Wind-Generator – Roof/Structure Mounted C C C C C LEC 105.12.560(b) Other structures typically P P P P P incidental and clearly subordinate to permitted uses Commercial wedding ceremony venue I I I -- LEC 105.04.220(d) Farm Schools, Public and Private I C C C C 105.12.510 Open space preservation development OP development -C C --Ch. 105.12. Art. XVII Notes to rural districts Table 9-1 a. One dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm dwellings (one per 40 acres), each farm is allowed one farm dwelling per farm. b. Nominal 40 acres: A 40-acre parcel not reduced by more than ten percent due to road rights-of-way and survey variations. c. Nominal ten acres: A ten-acre parcel not reduced by more than ten percent and/or a ten-acre parcel located on a corner or abutting a street on two sides not reduced by more than 15 percent due to road rights-of-way and survey variations. d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet per residential unit. e. A minimum of 1.25 acres of land above the floodplain or free of any drainage easements is required. f. Lots must be configured to contain a circle with a diameter of 250 feet minimum; the ratio of lot length to width shall be a maximum of 3:1. Flag lots are prohibited. g. Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table. h. Setback standards do not apply to solar farms. LEC 105.12.1440 should be referenced for these specific standards. SECTION 3. The City Council of the City of Lake Elmo hereby ordains that Title 105, Section 105.12.650 of the City’s Code of Ordinances is hereby amended by changing the following section (Proposed language is underlined; deleted language is shown with strikethrough): Development of land within the rural districts shall follow established standards for traffic circulation, landscape design, parking, signs and other considerations as specified in LEC 105.12, arts. VII, VIII and IX. The following standards apply to specific uses, and are organized by district: (a)Single-family detached dwelling, all rural districts. All single-family dwellings shall be at least 24 feet in width, at least 960 square feet in area, and be placed on a permanent foundation. (b)Septic drainfield regulation, A, RR, and RS districts. All applicants for a use or building permit in any district not served by public sanitary sewer must demonstrate that an on-site sewage treatment system (primary and secondary location) as approved by the county can be installed in accordance with Washington County Subsurface Sewage Treatment System Regulations. (c)Septic drainfield regulation, RE district. All applicants for a use or building permit in any district not served by public sanitary sewer must demonstrate that an on-site sewage treatment system (primary and secondary location) as approved by the county can be installed in accordance with Washington County Subsurface Sewage Treatment System Regulations. (d)Secondary dwelling, A district. One non-farm dwelling per each 40 acres, or part of a dwelling on a prorated basis, not already containing a farm or non-farm dwelling, is permitted provided: 1.The dwelling unit is located on a separate parcel of record in the office of the county recorder and/or county auditor, which shall be at least 1 1/2 acres in size; 2.The parcel on which the dwelling unit is located must have at least 125 feet of frontage along a public street, be rectangular in shape and no dimension to be greater than three times the other; and 3.The dwelling is separated by at least 300 feet from the nearest farm building. (e)Parking standards, A, RR and RS districts. Three spaces of off-street parking required per dwelling unit. (f)Parking standards, RE district. 1.Two enclosed spaces minimum (200 square feet minimum per space). 2.Two exterior spaces within minimum setback of 50 feet from any property line. (g)Non-agricultural low impact use, A, RT districts. The city recognizes that allowing non-agricultural low impact uses, strictly controlled and regulated by interim use permit, might allow a farmer or large property owner an economical use of his property that is zoned agricultural. The following standards may apply to these types of uses: 1.All of the property owner's real estate that is contiguous to the non-agricultural low impact use must be zoned agricultural and remain so zoned while the conditional use permit is in effect. 2.The area where the non-agricultural low impact use is located shall be legally defined and approved by the city and is hereafter known as the "non-ag area." The non-ag area shall not exceed four percent of the property owner's contiguous agricultural zone gross lot area. The building footprints and asphalt and concrete surfaces within the non-ag area shall not exceed 1.5 percent of the property owner's contiguous agricultural zone gross lot area. Landscaping, berms, ponds, gravel driveways, and other improvements that would otherwise be permitted in the agricultural zone may be located outside of the non-ag area. 3.Non-agricultural low impact uses shall only be allowed on a parcel of a nominal 40 acres or larger. 4.Non-agricultural low impact uses shall not generate more than three trips per day per acre of contiguous agriculturally zoned area, with the exception of land with sole access to Hudson Boulevard that shall not generate more than six trips per day per acre. 5.Any uses under this section involving the outside storage of vehicles, equipment, or goods shall be located a minimum of 200 feet from any public roadway or adjacent landowner's boundary, except that the setback from the I-94 frontage road shall be not less than 50 feet. In addition, any such outside storage shall be screened from view from adjacent property and the public roadway by berms and landscaping. A plan for such screening shall be submitted with the application for the interim use permit which shall clearly demonstrate by view cross-sections that said screening will be effective immediately, and in all seasons. Degradation of such screening by loss of landscape materials, outdoor storage of items that exceed the screened height or for any other reason shall be grounds for rescinding the outdoor storage portion of the interim use permit. 6.Non-agricultural low impact uses may not generate more than 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based upon design capacity of facilities, whichever is more restrictive. 7.The property owner shall maintain the remaining land or farm outside of the IUP area in accordance with the permitted uses of the agricultural zoning district and the required practices of the soil and water conservation district. 8.Rate and volume of stormwater runoff must meet the requirements of the city's stormwater ordinance. 9.In the event that the property owner, or future property owner, initiates a comprehensive plan amendment and rezoning of any or all of the contiguous real estate from agriculture to a more intensive use, the interim use permit shall terminate and all nonconforming structures shall be removed from the site within one year from the date of the city council's adoption of the comprehensive plan amendment and rezoning, unless the city agrees otherwise. This section shall not apply if the city initiates rezoning or if property owner is forced to transfer title to any part of the contiguous real estate due to eminent domain. 10.All conditional use permits granted to a non-agricultural low impact shall be reviewed on an annual basis, and may be rescinded, after a two-week notice and a public hearing, if the council finds that the public health, safety, or welfare is jeopardized. 11.The standards for buildings or structures, as listed in the minimum district requirements of the agricultural zone, shall not apply to structures built prior to the effective date of the ordinance from which this chapter is derived. (h)Unserviced lots, RT, A, RR districts. All lots that are subdivided without city sewer and public water service shall meet the following standards: 1.Lots, houses and other structures, driveways and any new streets shall be located in compliance with the comprehensive plan and any more detailed area plans for future roads, public water services, and drainage. 2.The planning commission may require a sketch plan showing how the entire tract could be divided when city services become available. Lots and buildings shall be sited and streets shall be laid out to facilitate future subdivision. (i)Commercial kennel, commercial stable, or accessory kennel or stable, RT, A, RR districts. The facility shall occupy a site at least ten acres in size. Outdoor exercise areas shall be located at least 100 feet from adjacent properties; landscaping or other screening may be required. (j)Agricultural services and support, RT, A districts. 1.A facility established after the effective date of the ordinance from which this article is derived shall have direct access to a collector or higher classification street. 2.An appropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character of the neighborhood. 3.All processing of animal or dairy products shall take place within an enclosed building. (k)Landscape Supply Sales. The city recognizes that allowing non-agricultural low impact uses, may allow a large property owner an economical use of their property that is zoned agricultural. The following standards may apply to these types of uses: 1.All of the property owner's real estate that is contiguous to the non-agricultural low impact use must be zoned agricultural and remain so zoned while the conditional use permit is in effect. 2.This use shall only be allowed on a parcel of a nominal 15 acres or larger. 3.This use shall not generate more than three trips per day per acre of contiguous agriculturally zoned area. 4.Any uses under this section involving the outside storage of vehicles, equipment, or goods shall be located a minimum of 200 feet from any public roadway and 50 feet from any adjacent landowner's boundary. In addition, any such outside storage shall be screened from view from adjacent property and the public roadway by berms and landscaping. A plan for such screening shall be submitted with the application for the conditional use permit which shall clearly demonstrate by view cross-sections that said screening will be effective immediately, and in all seasons. Degradation of such screening by loss of landscape materials, outdoor storage of items that exceed the screened height or for any other reason shall be grounds for rescinding the outdoor storage portion of the conditional use permit. 5.The use may not generate more than 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based upon design capacity of facilities, whichever is more restrictive. 6.The property owner shall maintain the remaining land or farm outside of the conditional use permit area in accordance with the permitted uses of the agricultural zoning district and the required practices of the soil and water conservation district. 7.Rate and volume of stormwater runoff must meet the requirements of the city's stormwater ordinance. 8.The standards for buildings or structures, as listed in the minimum district requirements of the agricultural zone, shall not apply to structures built prior to the effective date of the ordinance from which this chapter is derived. 9.The site operation must meet the requirements of the City’s noise and light ordinance. SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date. This Ordinance 2026-XX was adopted on this 5th day of August 2026, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL ________________________________ Charles Cadenhead, Mayor ATTEST: ______________________________ ___________________,______________ This Ordinance 2026-XX was published on the _____ day of ___________ 2026. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2026-055 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR LANDSCAPE SUPPLY SALES WITH CONDITIONS AT 9591 60TH ST N WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Yamile Gonzalez, DBA QBAN Properties, LLC, MYP Landscape Supply, LLC, & Valdes Lawn Care & Snow Removal (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit amendment for the expansion of a landscape supply sales business at 9591 60th St N, Lake Elmo, MN 55042 (PID#0302921120001) (the “Property”); and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on July 13th, 2026; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated August 5th, 2026; and WHEREAS, the City Council considered said matter at its August 5th, 2026 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1.That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 105.12.290. 2.That all the submission requirements of said Section 105.12.290 have been met by the Applicant. 3.That the proposed Conditional Use Permit amendment is for the expansion of a landscape supply sales business. 4.The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed use should not be detrimental or in any way endanger the public health, safety, comfort, convenience, or general welfare of the neighborhood or the city. 5.The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal conforms to the Comprehensive Plan. 6.The use or development is compatible with the existing neighborhood. If the proposed text amendments are approved, the proposed expansion would be permitted in the Agricultural District as a Conditional Use. Surrounding properties are residential, and the proposed expansion meets the required setbacks and landscape screening. 7.The proposed use meets all specific development standards for such use listed in the Zoning Code. If the proposed text amendments are approved, the proposed expansion would meet the specific development standards. 8.If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Article XIX (Shoreland Management) and Title 100 (Flood Plain Management). The proposed use is not in a flood plain management or shoreland area. 9.The proposed use will be designed, constructed, operated, and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed expansion should be compatible in appearance with the existing character of the general vicinity and should not change the essential character of the area. Screening and buffering will be required of the site. 10.The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The proposed expansion should not be hazardous or create a nuisance. 11.The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed use should be served adequately by essential public facilities and services. 12.The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed use should not create excessive additional requirements at public cost for public facilities and services and should not be detrimental to the economic welfare of the community. 13.The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed expansion should not produce detrimental noise, smoke, fumes, glare, odors, or traffic. 14.Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The driveway width and location is not proposed to change. The proposed use should not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 15.The proposed use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. The proposed use should not impact natural or scenic features. DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo hereby approved the request by Yamile Gonzalez, DBA QBAN Properties, LLC, MYP Landscape Supply, LLC, & Valdes Lawn Care & Snow Removal for a Conditional Use Permit Amendment for the expansion of a landscape supply sales business at 9591 60th St, subject to the following conditions of approval: 1.The hours of operation shall be 8:00 a.m. to 8:00 p.m., Monday thru Saturday and 10:00 a.m. to 5:00 p.m. Sunday. 2.There shall be an on-site business sign only. 3.No material shall be stored closer than 210 feet south of Highway 36 right of way 4.There shall be no more than 30 cars parked on the site. 5.The screening shall be maintained. 6.Any expansion of area and function shall require a conditional use permit amendment. 7.The applicant shall amend the land use plans to meet the screening requirements from 9597 60th Street North. 8.The property must meet all required performance standards outlined in LEC 105.12.650 subsection (k) Landscape Supply Sales. 9.The site must obtain necessary watershed permits and meet all Klawitter Pond regulations set forth by Valley Branch Watershed District. 10.The property owner shall address the plan revisions and future considerations outlined in the City Engineer memo dated 7/3/2026. 11.All past conditional use permits affiliated with the property shall now be null and void. 12.If business is not expanded into new areas within 12 months of the City’s approval, the conditional use permit shall become void. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 5TH DAY OF AUGUST 2026. CITY OF LAKE ELMO By: __________________________ Charles Cadenhead (Seal)Mayor ATTEST: ________________________________ ____________________________, ____________________________ CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2026-056 RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE 2026-11 WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2026-XX an ordinance that amends the City’s requirements for Landscape Supply Sales businesses. WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Clerk shall cause the following summary of Ordinance No. 2026-11 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. 2026-11, an ordinance that amends the City Code language on Landscape Supply Sales businesses in the Agricultural Zoning District. This ordinance defines Landscape Supply Sales in section LEC 105.12.110, adds Landscape Supply Sales as a conditional use in section LEC 105.12.620, and adds standards for the use in section LEC 105.12.650. The full text of Ordinance 2026-11 is available for inspection at Lake Elmo City Offices during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: August 5th, 2026 ____________________________________ Charles Cadenhead, Mayor ATTEST: ____________________________________ City Clerk (SEAL) 9591 60th St (MYP) Zoning Text Amendment and Conditional Use Permit 9591 60th St (MYP) Zoning Text Amendment and Conditional Use Permit City Council | August 5th, 2026 BACKGROUND •Applicant/Owner: Yamile Gonzalez (QBAN Properties, MYP Landscape Supply, Valdez Lawn and Snow) •Location: 9591 60th St N •Site Area: 23.8 acres (~6.33 acres in Hwy 36) •Zoning: Agriculture (Ag) •Comprehensive Plan: Rural Area Development (RAD) •History: Open Sales and Landscape Supply with 1988 CUP. Site came into compliance in 2024 after CC denial of yard waste/supply requests. •Requests: Zoning Text Amendment and Conditional Use Permit Hwy 36 Rural Single- Family Homes and Power Co Property Rural Single-Family Homes and 57th St Existing Farmstead and Prairie Hamlet Neighborhood SITE FOOTPRINT •Existing Red –1979 area, no actual plan to verify area.~2.95 acres of site. •Proposed Yellow –~ 6.21 acres SITE PLAN (PROPOSED LAYOUT) PROPOSAL ANALYSIS ZONING TEXT AMENDMENT •The request includes amendments to three City Code sections: 105.12.110 Zoning Use Types and Classifications -Adding definition of landscape supply sales. 105.12.620 Table 9-1 Permitted, Conditional, and Interim Uses –Adding use to Ag district table. 105.12.650(k) Site Design and Development Standards–Adding performance standards for the use. •Staff finds this request is consistent with the past use of the property. Staff also finds the proposed use, with conditions and performance standards, is consist with the intent of the Agriculture zoning district. The standards proposed are generally based off the intent of the non-agriculture low impact section, which may allow a large property owner an economical use of a portion of their property that is zoned agriculture. •Staff also finds this request consistent with the 2040 Comprehensive plan as it relates to goals and intent around the Rural Area Development guidance, land use transitions, and natural resource systems. •Since a zoning text amendment applies to all properties with the Agriculture zoning the performance standards provide high level guidelines. If/when a conditional use permit request comes in, the City may add additional specific conditions to mitigate any unique site-specific concerns. PROPOSAL ANALYSIS CONDITIONAL USE PERMIT •Hours of operation. No changes are proposed to the existing hours as outlined in the 1988 CUP. •Parking. The 1988 CUP limits parking on site to 30 cars, and no changes are being requested. The 30-car limit does not include heavy equipment. •Zoning.The property is zoned agricultural and will be required to remain so zoned while the conditional use permit is in effect. •Minimum Lot Area.The parcel meets the minimum 15-acre size requirement. •Traffic. The use may not generate more than three trips per day per acre (~71 trips per day). The request should not increase traffic above normal operations. The site access is not proposed to change with this request. •Exterior Storage.Exterior storage of vehicles, equipment, or goods must be located a minimum of 200 feet from any public roadway and 50 feet from any adjacent landowner’s boundary. Such outside storage must be screened from view from adjacent property and the public roadway by berms and landscaping. The applicant is proposing to add an arborvitae berm along the East property line and a retaining wall and Black Hills Spruce border in the Southeast corner. Mature vegetative screening already exists along the South and West property lines. No trees are planned to be removed as part of the business expansion. A condition of approval has been added regarding 9597 60th St. PROPOSAL ANALYSIS CONDITIONAL UE PERMIT CONT… •SAC Units.The use may not generate more than 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land, whichever is more restrictive. The property is on private septic system which was installed and verified in 2025. •Non-Business-Related Land Area. The property owner must maintain the remaining land outside of the conditional use permit. The land not used as part of the business will remain in its current natural state, primarily woods. •Stormwater.Rate and volume of stormwater runoff must meet the requirements of the City and VBWD requirements. •Structures.The standards for buildings or structures shall not apply to structures built prior to the effective date of the ordinance from which this chapter is derived. There are currently 4 buildings on site, no new buildings or structures are proposed. •Noise and light.The site operation must meet the requirements of the City’s noise and light ordinance. CITY STAFF & AGENCY REVIEW This request was distributed for agency review on June 15th, 2026. Below is a summary of the comments received:City Engineer (7/3/26) – Provided comments regarding stormwater management and access management. Staff has added a condition where applicable. Valley Branch Watershed District Email (6/29/26)– Provided comments regarding Klawitter pond and access feasibility. Staff has added a condition where applicable.MN Department of Transportation - Did not have comments on the applications.Lake Elmo Fire Department – Did not have comments on the applications. This request was distributed for agency review on June 15th, 2026. Below is a summary of the comments received: City Engineer (7/3/26) –Provided comments regarding stormwater management and access management. Staff has added a condition where applicable. Valley Branch Watershed District Email (6/29/26)–Provided comments regarding Klawitter pond and access feasibility. Staff has added a condition where applicable. MN Department of Transportation -Did not have comments on the applications. Lake Elmo Fire Department –Did not have comments on the applications. 5 FINDINGS OF FACT –ZONING TEXT AMENDMENT 1.The applicant has met the application requirements in accordance with LEC 105.12.280 2.The applicant is requesting to amend LEC 105.12.620 Table 9-1, LEC 105.12.650, and LEC 105.12.110 3.The proposed amendments would allow the to apply for an expanded conditional use permit 4.The proposed amendment is consistent with the 2040 Comprehensive Plan. 5.The proposed amendment meets the purpose and intent of the Agriculture zoning district with the added performance standards. 12 FINDINGS OF FACT –CONDITIONAL USE PERMIT In Summary: •The proposed use should not be detrimental to the public health, safety, comfort, or general welfare. And the proposed use should not create nuisances or traffic congestion. •The proposed use conforms to the Comprehensive Plan and meets specific development standards listed in the Zoning Code and flood plain management requirements. •The proposed use is compatible with the existing neighborhood and should not impact natural or scenic features. •The proposed use should be served adequately by essential public facilities and services and not create excessive additional requirements at public cost. 12 CONDITIONS OF APPROVAL –CONDITIONAL USE PERMIT The original CUP conditions are in bold (Resolution 88-10),new conditions are underlined. 1.The hours of operation shall be 8:00 a.m. to 8:00 p.m., Monday thru Saturday and 10:00 a.m. to 5:00 p.m. Sunday. 2.There shall be an on-site business sign only. 3.No material shall be stored closer than 210 feet south of Highway 36 right of way 4.There shall be no more than 30 cars parked on the site. 5.The screening shall be maintained. 6.Any expansion of area and function shall require a conditional use permit amendment. 7.The applicant shall amend the land use plans to meet the screening and setback requirements from 9597 60th Street North. 8.The property must meet all required performance standards outlined in LEC 105.12.650 subsection (k) Landscape Supply Sales. 9.The site must obtain necessary watershed permits and meet all Klawitter Pond regulations set forth by Valley Branch Watershed District. 10.The property owner shall address the plan revisions and future considerations outlined in the City Engineer memo dated 7/3/2026. 11.All past conditional use permits affiliated with the property shall now be null and void. 12.If business is not expanded into new areas within 12 months of the City’s approval, the conditional use permit shall become void. PUBLIC NOTIFICATION •A public hearing was sent to surrounding property owners within 500’ on June 29th, 2026, and published in the City’s official newspaper on July 3rd, 2026, The notice was also advertised on the City’s website via the Push Notification tool. Below is a summary of the comments received: •Peter Kastler (9130 55th St N) –Provided written comments regarding concerns with Highway 36 access safety, regulating heavy equipment, property maintenance and definition concerns, and concerns with the zoning and proposed screening. •Harvey Taipale (9275 57th St N) –Provided written comments regarding the scope of property maintenance service and limits on vehicles. He provided additional comments on Ag Sales and access. •Bonnie and Leonard Juran (9784 57th St N) –Provided comments regarding concerns with access on Highway 36, environmental impacts, conflicting land uses. •John and Lori Burban (9612 57th St N) –Provided written comments regarding concerns with the text amendment language and are opposed to the CUP expansion. •Alex Heughs (9747 55th St N) –Spoke at the public hearing in favor of the applications and noted how he appreciates the way the business operates and communicates with neighbors. Also noted that there are other more dangerous and noisy things that occur nearby. •Pat Barrett (9692 57th St N) –Spoke at the public hearing highlighting concerns regarding traffic with Highway 36 and Klawitter pond conditions and impacts. •Doug Lovett (9940 57th St N)–Provided written comments after the Planning Commission meeting in support of the applications and business as a directly adjacent property owner. PLANNING COMMISSION •The Planning Commission reviewed this request at their July 13th, 2026, meeting. The Commission voted to recommend approval of both requests as presented by City Staff subject to the required conditions and findings listed in the report. Vote 7-0 SUGGESTED MOTION Staff recommends that the City Council approve the proposed text amendment and CUP as presented by staff. “Move to adopt Ordinance 2026-XXX approving of the proposed text amendments to section 105.12.620 Table 9-1, Section 105.12.110 Zoning Use Types and Classifications, and section 105.12.650 Site Design and Development Standards as presented by City Staff” AND “Move to adopt Resolution 2026-xxx approving the request for a conditional use permit for expansion of a landscape supply sales business at the property located at 9591 60th St based on the findings of fact and subject to the conditions listed in the staff report” AND “Move to adopt Resolution 2026-XXX approving the summary of publication for Ordinance 2026-XX” FRONTAGE ROAD PLANS –HWY 36 MYP PROPOSAL ANALYSIS ZONING TEXT AMENDMENT CONT… 105.12.110 (5) Landscape Supply Sales; means establishments or places of business, operating as an open sales lot, and primarily engaged in retail sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, landscape supplies, hardscape materials, and plant materials primarily for agricultural, residential, and commercial consumers. Ancillary uses may include nurseries, supply storage, or property maintenance services. Such establishments may sell products purchased from others and may sell material which they produce on site such as plant materials and trees. Such establishments offer loading with equipment and perform delivery and site placement to customer homes, jobsites and places of business of materials sold. This use can be made compatible with surrounding areas though landscape screening and through separation required by yard and height limitations. 105.12.620 Table 9-1 105.12.650(k) (k) Landscape Supply Sales. The city recognizes that allowing non-agricultural low impact uses, may allow a large property owner an economical use of their property that is zoned agricultural. The following standards may apply to these types of uses: 1.All of the property owner's real estate that is contiguous to the non-agricultural low impact use must be zoned agricultural and remain so zoned while the conditional use permit is in effect. 2.This use shall only be allowed on a parcel of a nominal 15 acres or larger. 3.This use shall not generate more than three trips per day per acre of contiguous agriculturally zoned area. 4.Any uses under this section involving the outside storage of vehicles, equipment, or goods shall be located a minimum of 200 feet from any public roadway and 50’ from any adjacent landowner's boundary. In addition, any such outside storage shall be screened from view from adjacent property and the public roadway by berms and landscaping. A plan for such screening shall be submitted with the application for the conditional use permit which shall clearly demonstrate by view cross-sections that said screening will be effective immediately, and in all seasons. Degradation of such screening by loss of landscape materials, outdoor storage of items that exceed the screened height or for any other reason shall be grounds for rescinding the outdoor storage portion of the interim use permit. 5.The use may not generate more than 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based upon design capacity of facilities, whichever is more restrictive. 6.The property owner shall maintain the remaining land or farm outside of the conditional use permit area in accordance with the permitted uses of the agricultural zoning district and the required practices of the soil and water conservation district. 7.Rate and volume of stormwater runoff must meet the requirements of the city's stormwater ordinance. 8.The standards for buildings or structures, as listed in the minimum district requirements of the agricultural zone, shall not apply to structures built prior to the effective date of the ordinance from which this chapter is derived. 9.The site operation must meet the requirements of the City’s noise and light ordinance. STAFF REPORT DATE: 8/5/2026 Council meeting TO: Lake Elmo City Council FROM: Jason Stopa, Community Development Director AGENDA ITEM: Tap & Ladder/Machete update. Plan B discussion for the Machete site REVIEWED BY: Nicole Miller, City Administrator 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 Tap & Ladder/Machete team were awarded the old fire station and parks building site through a competitive RFP process. The site has been subdivided into two lots with the proposed Tap & Ladder occupying the fire station and Machete restaurant occupying the parks building. Both owners would own portions of a shared parking lot that would include public spaces. The project is in the draft development agreement stage with an anticipated closing for Tap & Ladder in October. Machete plans to close at a later date. After the July 14th special session, the development team shared that they may want to pursue a Plan B for the Machete site. This concept was shared with staff in January when Immigration and Customs Enforcement was in the Cities and affecting the owner’s other restaurants. After the surge was over, the plan wasn’t discussed and not presented to Council during negotiations since staff believed that it was not being pursued. The development team would like the flexibility to pursue either the restaurant or Plan B concept and proceed with development agreements. ISSUE BEFORE COUNCIL: Staff would like input on how to move forward with the old fire station/parks building site. A few options are listed below. • Accept the Plan B concept and proceed with development agreements • Request more information from the development team and present to Council • Consider how it affects terms of the agreement and schedule a special session to discuss • Deny the Plan B concept and require the restaurant to be constructed as part of the development agreement PROPOSAL DETAILS/ANALYSIS: The development team has provided a presentation and narrative to describe the Plan B concept and will present it to the City Council. Development Team’s Goal “One goal is to establish approval for the development framework and contingency options so that, if circumstances require a change from the original Machete concept, the project can continue moving forward without unnecessary delays. The Fire Station project is ready to move forward and should not be delayed while the final Parks Building concept is determined. Separate development agreements and timelines will help accomplish that.” Ownership The original concept had two different entities and would require two purchase agreements. The revised concept would change the ownership structure, but the team is requesting two development agreements and separate timelines. Estimated Post-Construction Values Staff believe the revised concept would result in a lower assessed value. The development team should provide a comparison. Parks Building Condition After closer inspection of the Parks building with their contractor, the development team has determined that the eastern portion of the building needs to be demolished, and they will need to construct a new addition. Conditional Use The proposed Plan B concept would be considered an Indoor Recreation use which requires a conditional use permit. FISCAL IMPACT: No city expenses tied to today’s decision OPTIONS: 1. Accept the Plan B concept and proceed with separate development agreements/timelines 2. Request more information from the development team and present to Council 3. Consider how the Plan B concept affects the terms of the agreement and schedule a special session to discuss 4. Deny the Plan B concept and require the restaurant to be constructed as part of the development agreement RECOMMENDATION: Staff would like input on the different options ATTACHMENTS: • Presentation from development team • Narrative from development team Parks Building Redevelopment Project Update and Path Forward Overview •Our commitment to redeveloping the Parks Building remains unchanged. •Today, we want to provide Council with the full context behind the contingency plan developed earlier this year, the viable paths now available, and the development framework requested to move forward. 2 Brian Heidt • Amanda Urban • Julian Ocampo Original Vision 3 Brian Heidt • Amanda Urban • Julian Ocampo •Destination restaurant complementing Tap & Ladder •Locally connected ownership and operating team •Significant redevelopment of an underutilized property •Part of a broader two-property vision for activating the Old Village This remains a viable path under consideration Why We Developed a Contingency Plan •October 2025 – Council Request •During our council discussion and approval vote, concerns were raised regarding the condition of the Parks Building and the risks associated with redeveloping it. •Late 2025 – Circumstances Changed •Subsequent federal immigration enforcement activity had significant and unexpected financial impact on the Ocampo family restaurant group •January 2026 – We Responded •Our team developed a detailed contingency concept for the Parks Building and submitted it to City staff 4 Brian Heidt • Amanda Urban • Julian Ocampo The Contingency Plan: 4 Alarm Fun •A year-round, family-oriented destination •The concept transforms the Parks Building into an all-ages gathering space featuring: •Arcade-based entertainment •Simple snack and beverage service •Old-fashioned candy and grab-and-go retail •Outdoor patio seating •Integrated local food truck partnerships •Birthday parties and group programming 5 Brian Heidt • Amanda Urban • Julian Ocampo Why This Concept? •Activates the property year-round •Complements rather than duplicates Tap & Ladder •Reduces full-service restaurant infrastructure complexity •Creates a family-focused destination in the Old Village •Maintains flexibility for future programming 6 Brian Heidt • Amanda Urban • Julian Ocampo Play – Eat – Gather - Connect 7 Brian Heidt • Amanda Urban • Julian Ocampo Why the Contingency Plan Remains Consistent With the City’s Vision Original RFP Priorities •Eating and drinking establishments •Family-friendly spaces •Recreational spaces •Retail •Community gathering •Increased vitality in the Old Village 8 Brian Heidt • Amanda Urban • Julian Ocampo 4 Alarm Fun Delivers •Family-focused entertainment •Indoor recreation •Food and beverage •Retail and candy •Group and community programming •Local food truck partnerships •Year-round Old Village activity •Complementary to Tap & Ladder Where We Stand Today Original Machete •Proceed with the original concept after additional time for the Ocampo family and project team to complete due diligence and determine appropriate financing Machete With Modified Structure •Brian, Amanda and Julian remain core team, with potential to add investment capital based upon final project scope and capitalization needs. 4 Alarm Fun •Move forward with the detailed contingency concept already developed and submitted to City staff Restaurant Focused Alternative •If Machete ultimately cannot proceed and Council prefers a full-service restaurant use, work with Julian and other potential investors to develop a concept consistent with the original restaurant vision 9 Brian Heidt • Amanda Urban • Julian Ocampo The Reality of Redeveloping the Parks Building Work Required in Any Scenario •Existing Building •Smaller eastern section is not suitable for future use and will require demolition •Existing basement will need to be filled in •Additional building investigation and site work will continue to be required at significant time and cost New Development •Final concept must be translated into a new building design •Architectural and engineering work must be completed •Full permit drawings must be prepared •Construction costs must be validated •Final project financing must be completed •Permits and approvals muse be secured 10 Brian Heidt • Amanda Urban • Julian Ocampo A Development Agreement That Allows the Project to Succeed Provide Concept Flexibility •Developer agreement should allow the team to proceed with one of the viable paths presented without requiring a new agreement or risking reversion solely because the final operating concept evolves – with Council approval Provide a Realistic Development Period •Allow approximately 24 months following a signed developer agreement to complete •Final concept; Due Diligence; Design; Financing; Permitting; Demolition; Construction Recognize Active Project Progress •Any revision or penalty provision should distinguish between an abandoned project and a project actively advancing through design, financing, approvals or construction Keep the Two Projects Independent •The separate Fire Station and Parks Building Developer Agreements should have independent timelines, obligations and remedies 11 Brian Heidt • Amanda Urban • Julian Ocampo Thank you Brian Heidt Amanda Urban Julian Ocampo Supplemental Project Narrative: Contingency Plan for the Parks Building 4 Alarm Fun: A Tap & Ladder Experience Brian Heidt, Amanda Urban and Julian Ocampo 1 | Page Contents 4 Alarm Fun – Family-Oriented Arcade and Snack Bar Concept ........................................ 2 Purpose and Context of This Submission ..................................................................... 2 Rationale for Developing a Contingency Plan ............................................................... 2 Overview of the Concept – 4 Alarm Fun: A Tap & Ladder Experience .............................. 3 Food Truck Rotation and Second-Food-Option Considerations ..................................... 4 Easement and Alley Use – Food Truck Operations ..................................................... 4 Integrated Food Service & Guest Experience ................................................................ 5 Ownership, Partnership, and Operational Continuity .................................................... 5 Community Alignment and Public Benefit .................................................................... 6 Requested City Guidance and Approval Framework ..................................................... 6 Closing....................................................................................................................... 6 Appendix ....................................................................................................................... 7 Potential Logo Designs – 4 Alarm Fun ........................................................................... 7 Concept Sketches ...................................................................................................... 8 Delivery Service Concept Sketches ............................................................................12 Potential Floor Plan ....................................................................................................13 2 | Page 4 Alarm Fun – Family-Oriented Arcade and Snack Bar Concept Purpose and Context of This Submission During both the EDA finalist presentations and the final City Council approval meeting, the City specifically asked the development team to consider developing a Plan B for the former Parks Building in the event that the originally proposed restaurant concept proved unviable. This request was thoughtful, appropriate, and aligned with the City’s responsibility to ensure long-term success for publicly owned assets transitioning to private redevelopment. This narrative is submitted in direct response to that request. At this time, the development team has not abandoned the originally proposed use of the Parks Building, a second location of Machete Concina Mexicana. However, based on additional due diligence, evolving site conditions, and broader economic and political considerations, we believe it is prudent—and consistent with the City’s guidance—to formally present a well-developed alternative concept that could be implemented without delay should circumstances require a pivot. The intent of this submission is threefold: 1. To transparently present a viable, community-aligned alternative use for the Parks Building; 2. To request City review, feedback, and refinement of this alternative concept in advance; and 3. To establish a clear, agreed-upon process by which the project could pivot to this plan, if needed, without restarting approvals or materially delaying redevelopment. Rationale for Developing a Contingency Plan While building condition and infrastructure feasibility remain important factors, this contingency plan is not driven by a single issue. Rather, it reflects a convergence of considerations, including: • Ongoing evaluation of the Parks Building’s structural, mechanical, and utility constraints; • The desire to avoid over-investment in a space that may be better suited to a lighter- build, lower-risk use; 3 | Page • Market and operating risk considerations that have evolved since the RFP was issued; and • A broader acknowledgment that, in the current political and economic climate, a traditional Mexican cuisine sit-down restaurant, may present higher risk than anticipated at the time of award. Developing this plan now ensures that the City, the public, and the development team are aligned and prepared, rather than reactive, should a pivot become necessary. Overview of the Concept – 4 Alarm Fun: A Tap & Ladder Experience Under this contingency plan, the Parks Building would be repurposed into 4 Alarm Fun, a family-oriented arcade and snack bar designed to activate the downtown area, increase daytime and evening foot traffic, and complement the adjacent Tap & Ladder taphouse. 4 Alarm Fun is intentionally designed as a low-barrier, high-engagement destination that appeals to families, teens, young adults, and visitors of all ages. The concept emphasizes activity, accessibility, and repeat visitation, while avoiding the operational complexity and infrastructure demands of a full-service restaurant. Key elements of the concept include: • A modern arcade operated in partnership with a third-party gaming provider; • A snack bar offering easy-to-prepare items such as hot dogs, paninis, grilled sandwiches, soft pretzels, popcorn, milkshakes, smoothies, and grab-and-go treats; • An old-fashioned candy wall and packaged snacks appealing to children and families; • Coffee (provided by Tap & Ladder partner Sunshine Coffee), hot cocoa, and seasonal beverages to support year-round use; • Board games and casual seating areas to encourage longer stays; • An outdoor patio area that supports casual gathering and spillover activity from Tap & Ladder; • Food delivery from a branded and customized Golf Cart or UTV; and • A rotational food truck program that allows for menu variety, local promotions and an additional customer draw that supports the Old Village. 4 | Page Food Truck Rotation and Second-Food-Option Considerations As part of a broader vision to ensure variety, flexibility, and long-term vibrancy in the downtown area, the 4 Alarm Fun concept includes a rotational food truck program supported by a dedicated service window on the west-facing wall of the building. This design allows food trucks to pull up directly to the building and serve customers safely and comfortably from inside the space year-round. The food truck rotation provides: • Menu variety without permanent kitchen buildout; • Opportunities for local and regional vendors; • Flexibility to adjust offerings regularly; and • An additional draw that supports both 4 Alarm Fun and Tap & Ladder. This approach preserves the spirit of having multiple food choices on-site while reducing fixed costs and long-term operational risk. Easement and Alley Use – Food Truck Operations The rotational food truck program contemplated under this contingency plan is intended to operate on a temporary and intermittent basis only, during defined business hours and for limited durations. Food trucks would pull up to the west-facing service window as needed to serve guests and would not be permanently stationed, stored, or parked on-site. Importantly, this activity is designed to function similarly to short-term loading, unloading, or service access that commonly occurs within shared-use alleys and utility easements. At no time would food trucks block, encroach upon, or obstruct the north–south alley or interfere with emergency access, utilities, or adjacent properties. The trucks would remain attended at all times and would vacate the area promptly upon completion of service. The intent is to activate the space without encumbering the easement, preserve continuous alley access, and operate in a manner that is respectful of both the underlying easement purpose and surrounding uses. The development team is committed to coordinating with City staff to confirm acceptable operating parameters, hours, and safety protocols prior to implementation. 5 | Page Integrated Food Service & Guest Experience In addition to on-site snacks and light fare, the 4 Alarm Fun concept includes a fully integrated food service option with Tap & Ladder that extends beyond the walls of the Parks Building. Guests at 4 Alarm Fun would be able to place food orders via QR code from the Tap & Ladder menu, providing access to a full commercial kitchen without duplicating infrastructure. Orders would be prepared at Tap & Ladder and transported safely across the adjacent parking lot using a dedicated catering golf cart or UTV designed to reflect the project’s fire station theme. If permitted, this same system could be expanded to allow guests visiting nearby Lions Park to place orders via the Tap & Ladder website, mobile app, or QR codes located within the park. Food would be delivered directly to the park using the same themed delivery cart, enhancing the park experience while activating the surrounding public space. This integrated approach ensures food is delivered warm and efficiently, broadens dining options for families and community gatherings, and reinforces the campus-style vision of the redevelopment—linking Tap & Ladder, 4 Alarm Fun, and Lions Park into a cohesive, family-friendly destination while maintaining operational efficiency and cost control. Ownership, Partnership, and Operational Continuity Importantly, this potential pivot maintains the same core development team and locally rooted ownership philosophy that was central to the original RFP award, while adjusting the operational structure to best fit the revised concept. • Under this approach, Brian Heidt and Amanda Urban would own the real estate for both the Fire Station and the Parks Building, ensuring long-term local stewardship of the site. • The operating business at the Parks Building would be structured to mirror Tap & Ladder, with Julian Ocampo participating as a co-owner and active collaborator, bringing continuity of leadership, experience, and community connection. Julian’s continued involvement provides experienced operational oversight and reinforces alignment across the broader redevelopment. His family’s long-standing background in hospitality operations in the Twin Cities, including staffing, safety, customer flow, and vendor coordination, is well suited to an entertainment-focused concept such as 4 Alarm Fun. This approach preserves the strengths of the original development team while allowing the operational flexibility necessary to support the revised use. 6 | Page Community Alignment and Public Benefit The 4 Alarm Fun concept remains strongly aligned with the goals that informed the original RFP and subsequent public engagement: • It creates a family-friendly, all-ages destination downtown; • It supports increased foot traffic and longer dwell times in the Village area; • It complements—not competes with—Tap & Ladder; • It provides year-round activation without late-night impacts; and • It offers adaptability as community needs evolve. Importantly, this concept allows the Parks Building to remain active and productive even during daytime hours, supporting broader economic vitality in the Old Village. Requested City Guidance and Approval Framework At this time, we respectfully request that the City: 1. Review this contingency plan as a viable alternative use for the Parks Building; 2. Provide feedback, conditions, or clarifications that would be required for approval; 3. Confirm whether formal Council action is needed now to approve this plan as a contingency; and 4. Establish a clear notification and approval process should the development team need to formally pivot from the originally proposed concept. Our goal is to ensure that, if circumstances require a change, the City and development team can move forward collaboratively without unnecessary delay, uncertainty, or reconsideration of an already awarded project. Closing This submission reflects proactive planning, responsiveness to City direction, and a shared commitment to seeing these public assets successfully redeveloped. We appreciate the City’s guidance throughout this process and look forward to working together to ensure that, regardless of final configuration, the Parks Building becomes a valued and enduring part of Lake Elmo’s downtown. 7 | Page Appendix Potential Logo Designs – 4 Alarm Fun 8 | Page Concept Sketches Concept Sketch - Daytime Concept Sketch - Nighttime 9 | Page Concept Sketch Food Truck Service Window – West Side External Concept Sketch Food Truck Service Window – Internal View 1 10 | Page Concept Sketch Food Truck Service Window – Internal View 2 Concept Sketch Food Truck Service Window – Internal View with Seating 11 | Page Concept Sketch Snack Bar and Old-Fashioned Candy Wall 12 | Page Delivery Service Concept Sketches Golf Cart Concept Sketch 1 Golf Cart Concept Sketch 2 UTV Concept Sketch 1 UTV Concept Sketch 2 13 | Page Potential Floor Plan Date Type Due date for packet Order Agenda Section Agenda item 8/12/2026 CC Workshop 8/4/26 Discussion Sheriff's contract budget Discussion Draft 2027 Budget & Levy Discussion CIP F-012 Ladder 1 Replacement Approval 8/18/2026 CC Meeting 8/11/26 Regular Agenda Regular Agenda 180 Acres Broker Selection Public Hearing Street Reconstruction Plan (for Bonding) Consent Agenda PW Snow Groomer Purchase Regular Agenda Old Village Garden Phase 2 Contract Award 9/1/2026 CC Meeting 8/25/26 Sports Complex/76 acre Consultant Selection 9/8/2026 CC Workshop 9/1/26 Annual Water Updates Discussion Community Engagement Results - City 180 Fury Site City Prosecution services overview and proposed contract Presentation by Washington County-CSAH 10/CSAH 17 Intersection Preliminary Design 9/15/2026 CC Meeting 9/8/26 Regular Agenda 2027 Preliminary Levy Consent Agenda Appoint Election Judges 10/6/2026 CC Meeting 9/29/26 Regular Agenda 3rd Quarter Goals Update Regualr Agenda CIP F-012 Ladder 1 Replacement Approval 10/13/2026 CC Workshop 10/6/26 Legislative priorities 2026-2027 10/20/2026 CC Meeting 10/13/26 Consent Agenda 3rd Quarter Financials and Dashboard 11/4/2026 CC Meeting Regular Agenda Bonding 11/10/2026 Special Meeting Canvass Election Results 11/10/2026 CC Workshop Employee Policies Updates 11/17/2026 CC Meeting Future Council Agenda Items *Please note: This list is subject to change* Regular Agenda 12/1/2026 CC Meeting Regular Agenda Approve Statewide Volunteer Firefighter Plan Benefit Level Increase 12/8/2026 CC Workshop Obstructions in ROW 12/15/2026 CC Meeting