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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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LA515\1\1107380.v1
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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\
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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
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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;
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• 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.
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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.
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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.
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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.
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Appendix
Potential Logo Designs – 4 Alarm Fun
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Concept Sketches
Concept Sketch - Daytime
Concept Sketch - Nighttime
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Concept Sketch Food Truck Service Window – West Side External
Concept Sketch Food Truck Service Window – Internal View 1
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Concept Sketch Food Truck Service Window – Internal View 2
Concept Sketch Food Truck Service Window – Internal View with Seating
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Concept Sketch Snack Bar and Old-Fashioned Candy Wall
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Delivery Service Concept Sketches
Golf Cart Concept Sketch 1
Golf Cart Concept Sketch 2
UTV Concept Sketch 1
UTV Concept Sketch 2
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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