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NOTICE OF MEETING
City Council Meeting
Tuesday, October 18, 2016 7:00 P.M.
City of Lake Elmo 1 3800 Laverne Avenue North
A. Call to Order/Pledge of Allegiance
B. Approval of Agenda
C. Approval of Minutes
i. October 4, 2016 — Regular Meeting; October 4, 2016 Special Meeting
D. Public Comments/Inquiries
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements
3. Accept September 2016 Financial Statements
4. Accept September 2016 Assessor's Report
5. Accept September 2016 Building Department Report
6. Accept September 2016 Fire Department Report
7. Accept September 2016 Public Works Department Report
8. Approve Massage License Renewals
9. Approve Manning Ave Maintenance Agreement
io, Approve Inwood Booster Station Pay Request No. 5
ii. Approve Inwood Water Tower No. 4) Pay Request No. 5
12. Approve Purchase of Public Works Pickup Truck
13. Approve Hiring of New Building Inspector
14. Approve Purchase of New Building Inspector Vehicle
G. Regular Agenda
is. Old Village Phase I Street and Utility Improvements —Public Hearing, Resolution 2016-94
16. 2016 Street Improvements -Public Hearing; Resolution 2016-95
17. Financial Management Plan for Enterprise Funds
is. Inwood 4 1h Additional Final PUD Plans and Final Plat — Resolution 2016-90
ig. Rockpoint Church — Resolution 2016 - 91
20. Conditional Use Permit Request for an Additional Accessory Structure — 5699 Keats Avenue North —
Resolution 2016-92
21. Adjacent Jurisdiction Review -Stillwater Comp Plan Amendment for HyVec
22. Moratorium on Shoreland District Properties — Ordinance 08-156; Resolution 2016-93
23. Source Newsletter (no attachment)
24. Tahoe Response to Emergency Calls no attachment)
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H. Staff Reports and Announcements
1. Adjourn
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Mayor Pearson called the meeting to order at 7*00pm-
PRESENT: Mayor Mike Pearson and Councilmembens Julie Fliflet, Anne Smith, Justin Bloyer,
and Jill Lundgren.
Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Finance
Director Bendel, Planning Director Wensman, City Planner Becker and City Clerk Johnson.
Councilinember Lundgren, seconded by Councilinember Bloyer, moved TO APPROVE THE
AGENDA AS PRESENTED. Motion passed 5 — 0.
ACCEPT MINUTES
Minutes of the September 20, 2016 Regular Meeting were accepted as presented.
PUBLIC COMMENTS/INQUIRIES
Craig Knoll, 3127 Laverne Avenue North, spoke about transparency and expressed concern
about making financial decisions without a proforma.
PRESENTATIONS
None
CONSENT AGENDA
Councilmember Smith, seconded by Councilonember Lundgren, moved TO APPROVE THE
CONSENT AGENDA AS PRESENTED. Motion passed 5-0.
11101"HWUMM0191
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OCTOBER4,2016
Councilinember Smith, seconded by Councilmember Fliflet, moved TO RECONSIDER THE
VOTE ON ORDINANCE 08-154. Motion passed 3 — I — 1. (Bloyer — nay. Pearson — abstain)
Coon cilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE
RESOLUTION 2016-79 AUTHORIZING SUNIMARYPUBLICATION OF ORDINANCE 08-
154. Motion passed 5 — 0.
ITEM 16: OP Ordinance
Planning Director Wensman provided a summary of the proposed ordinance amendment,
Councilmember Smith, seconded by Councilinember Lundgren, moved TO APPROVE
ORDINANCE 08-152 REPEALING THE EX1STING OPEN SPACE DEVELOPMENT
REGULATIONS WITHIN CHAPTER 150, AND ADOPTING NEW OPEN SPACE
PLANNED UNIT DEVELOPMENT REGULATIONS IN CHAPTER 154 THAT
ESTABLISHES AN OP -OPEN SPACE OVERLAY DISTRICT IN ADDTION TO
ORGANIZATIONALINUMBERING CHANGES THROUGHOUT CHAPTER 154 TO
A CCOMMODA TE THE NEW ORDINANCE.
Mayor Pearson, seconded by Councilotember Bloyer, offered a substitute motion TO SEND
THE OP ORDINANCE BACK TO THE PLANNING COMMISSION FOR A
COMPREHENSIVE LOOKA TRESIDENTIAL ESTA TES LOTS NORTH OF 10TH
STREET Motion failed 2 — 3. (Fliflet, Lundgren, Smith — nay)
Primary motion passed 3 — 2. (Pearson, Bloyer — nay)
Mayor Pearson, seconded by Councilineinber Blayer, moved TO APPROVE RESOLUTION
2016-75 ORDERING THE SUMMARYPUBLICATION OF THE ORDINANCE. Motion
passed 5 — 0.
Councilmember Smith, seconded by Councilmember Lundgren, moved TO DIRECT STAFF
TO LOOK A T DE VELOPMENT NOR TH OF 10"' STREET TO DIV7DE PARCELS INTO
NON- SEWERED 2.5-3 ACRE LOTS. Motion passed 5-0.
ITEM 17: City Administrator Review Process
City Attorney Sonsalla presented information related to the City Administrator performance
review process.
Councilmeniber Fliflet, seconded by Councilmember Lundgren, moved TO CONDUCT A SIX
MONT11PERFORMANCE REVIEW OF THE CITYADMINISTRA TOR WITHIN THE
NEXT 30 DAYS fff TH A 360 DEGREE REVIEWINCL UDED AS PART OF THE
PROCESS. Motion passed 5 — 0.
ITEM 1 : Moratorium oriu Issue
City Attorney Sonsalla provided background information
options for moving
rer Smith moved IV DIRECT STAIT TO
ITEM 1. Street Naming Policy
Councihhentber.F� seconded by 'RESOLUTION
,#Motion
GroundCity Planner Becker presented the request from Common Church for
• 1
•• • •
ITEM 21: Wasatch Storage CUP
e '• - • {ItevefuPmenT
of a self storage facility with exterior RV storage at 9200 Hudson Boulevard N, Discussion was
proposedheld concertring the exterior storage and screening the site from the adjacent residential areas,
Applicant Scott Wyckoff of Wasatch Storage Partners reviewed the existing landscape and
OFA CONDITION THAT THEAPPLICANTSHALLPAYANY DELINQUENT
PROPERTY* OR
Motion
ConstructionOrder
City Engineer Griffin reviewed the proposal for • o
CapitalBoulevard lift station as planned for in the City's 5 Year a Plan. Griffin also
presented bids received
BOL TON AND MENK, INC IN IM NOTTO EXCEED AMOUNT
i IRE GEO TECHNICAL SER VICES CONTRA CT TO AMERIC4N
passedE TESTING IN THE NOT TO EXCEED AMOUNT OF $6,400. Motion
1
Geotechnical Services
City Engineer Griffin presented an overview of the scope of the proposed project and process for
street improvements.
# t'AUDI! a
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OCTOBER 4,2016
1 k 1 1
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STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Reported on Sheriff s Department emergency management training.
City Clerk Johnson: Reported on absentee voting.
Finance Director Bendel: Working on the budget and financial statements.
City Attorney Sonsalla: Working on changes to the nuisance ordinance and the nature center
proposal
Planning Director Wensman: Working on Ordinances, development review, and attended a
conference.
City Engineer Griffin: Reported on the downtown project and contingency plan for winter
preparations.
Meeting adjourned at 10:32 pm,
OCTOBER 4,2016
Julie Johnson, City Clerk
CITY OF LAKE ELMO
CITY COUNCIL SPECIAL MEETING MINUTES
OCTOBER 4,2016
CALL TO ORDER
Mayor Pearson called the meeting to order at 530 p.m.
PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, and Jill Lundgren.
ABSENT: Councilmember Smith
Staff present: Administrator Handt, City Attorney Sonsalla, and City Clerk Johnson.
Others present: Attorneys Jim Thompson and Doug Shaftel, Kennedy & Graven
Councilatember Sinith., seconded by Cwuncilmember Lundgren, moved TO ENTER CLOSED
SESSION PURSUANT TO To MINNESOTA STATUTES, SECTION 1311.05, UBD. 3(B) TO
DISCUSS MATTERS PROTECTED BY THE ATTORNEY -CLIENT PRIVILEGE PERTAINING
To THE CITY'S PENDING LA WSUITIN FEDERAL COURTAGAINST 3M. Motion passed 4-
0.
Closed session held.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO RECESS THE CLOSED
SESSION. Motion passed 4 — 0.
Mike Pearson, Mayor
Julie Johnson, City Clerk
THE UTYOF
LAKE ELMO
.MAYOR & COUNCIL COMMUNICATION
I I �� li� ligilip
DATE: October 18,2016
CONSENT
ITEM #2
MOTION
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .. ................ .................................. City Administrator
- Report/Presentation........ ........... ......... ............ City Administrator
- Questions from Council to Staff ...... ..................................... Mayor Facilitates
- Call for Motion ............................... ...................... -- ..... Mayor & City Council
- Discussion ..................................... ................ ............... Mayor & City Council
- Action on Motion.. -- ..................... — ...... ......................... .... Mayor Facilitates
-- page 1 --
City Council Meetin
October 18, 2016
[Consent Alaenda Item 2]
BACKGROUND INFORMATION/STAFF PORT: The City of Lake Elmo has the r
fiduciary responsibility to conduct normal business operations. Below is a summary of current
claims to be disbursed and paid in accordance with State law and City policies and procedures.
Claim # Amount Description
ACH 14, 3&03 Payroll Taxes to IRS & NIN Dept of Revenue 10/13/1
i
ACID 7,23.7 Payroll Retirement to PERA 10/13/1
ACH 2,200.00 Payroll Retirement to ICNIA 10/13/1
D 7511-DD7558 38,139.63 Payroll(Direct Deposits) 1 }/13/16
44 7 -45044$ 1,053,317.16 Accounts Payable 10/18/16
TOTAL $ 1,115,918.79
RECONINIENDATION::Based. on the aforementioned, the staff recommends the City Council
approve as part of the Consent .Agenda the aforementioned disbursements in the amount of
1,115,187.
ATTACHMENTS:
1. Accounts Payable — check registers
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THE CITY OF
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE:
016
- October`_-,_--_
CONSENT
____'_
MOTION
REVIEWED BY, Kristina Handt, City Administrator
Finance Committee
- Introduction of Item ........ ............ —City Administrator
- Questions from Council to Staff ... ............. -- ..... ... Mayor Facilitates
SUMMARY AND ACTION REQUESTED. As part of its Consent Agenda, the City Council
is asked to accept the September 2016 Financial Reporting Packet. No specific motion is needed
as this is recommended to be part of the overall approval of the Consent Agenda,
MEN N11111
STAFF REEORT: Attached please find the comparative financial statements for the month of
September 2016 reflecting the monthly and year to date detail, comparing the actual results to
the 2016 Budget.
City Council Meeting
October 18, 2016
[Consent Agenda Item #3]
September was a record breaking month for new home building permits. 42 new home permits
were issued bringing the year to date new homes to 193. In addition, the Arbor Glen commercial
project was permitted in September. This project has 48 REU's (Residential Equivalent Units)
per their Met Council determination, bringing the year to date total REU's for commercial
permits to 59.
Total revenue for the month was $1 t 95k (t 08.3%) above budget for the month of S eptemb
bringin the year to date to $653.2k (3 1.0%) better than budget. The most significant budget
9
actual revenue Variances are as follows*
• Building permits were $71.1k (158%) better than budget for the month bringing the year
to date to $315.6k (79.3%) better than budget.
• Plan review fees for the month were $45.4k (174.6%) better than budget bringing the
year to date to $166,8k (77.6%) better than budget.
Total expenses for the month exceeded budget by $52.7k (24.7%) for September bringing the
year to date expenses to $54.5k (2. 1 %) lower than budget.
City Council Meeting [Consent Agenda Item #3]
October 18, 2016
In smmnitr� the Septeinber revenues were $119.5k (108.3%) better than budget and the
expenses were $52.7k (24.7%) higher than budget resulting in a net income below budget. On a
year to date basis, the revenues are $653.2k (31.0%) above budget and the expenses were $54.5k
(2. 1 %) less than budget resulting mi a net income of $701.5k (1, 60.6%) better than budg get year to
date.
M G i+ � E�- M
The net income for the Library Fund for the month of September was $23.9k more than budget
(158.6%) bringing the year to date to $6.9k better than budget. The cash balance at the end of
September was $196.6k.
The investment in the Library book collection continues at a higher than budgeted rate and the
parking lot design work hit in September,
RECOMMENDATION- Based on the aforementioned, the staff recominends the City Council
accept the attached September Financial Report.
ATTACHMENT-
1. September Financial Reports
-- page 3 --
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cr
TI-1E CITY OF
LAKE ELM
COMMUNICATIONMAYOR & COUNCIL
DATE: October 18, 201
CONSENT
ITEM #
AGENDAITEM: Monthly Assessor Report
SUBMITTED BY. Dan 1 aboin City Assessor
THROUGH: ROUGH: Cathy Bendel, Finance Director
VIEWED BY CathyBendel, Finance Director
SUGGESTED ORDER OF BUSINESS.
Introduction of Item......:.. . City Administrator
Report/Presentation ................ .City Administrator
too
- Questions from Council to Staff ............................... .............. Mayor Facilitates
Call for Motion . ....... . ................ Mayor & City Council
- Discussion ..................:. .......:.........................:........ Mayor & City Council
Action on Motion... ..Mayor Facilitates
CouncilSUMMARY AND ACTION REQUESTED. As part of its Consent Agenda; the City
throughasked to accept the monthly assessor report for on
behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the
Consent Agenda.
Property splits/plats —
Sales collected and viewed —14
Taxpayer inquiries —
Miscellaneous inquiries - 3
Inspections — Residential -- 111; Commercial — 3
Building permit reviews — 2'
Pictures taken 11
Other work performed included:
• Completion of annual residential and commercial quintile review
• Monthly meeting with County residential and commercial supervisors
City Council Meeting
October 18, 2016
[Consent Agenda fteni#41
• Input of all inspection and permit work
• Perform sales verifications and land value analysis using MLS and other resources
• Field telephone inquiries
RECOMMENDATION: Based on the aforementioned, the staff recohnnends the City Council
accept the September 2016 monthly assessor report.
-- page 2 --
ITIF CITY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/18/2016
CONSENT
ITEM #: 5
AGENDAITEM: Building Department Report
SUBMITTED BY: Mike Bent, Building Official
THROUGH: Mike Bent, Building Official
REVIEWED BY: Cathy Bendel, Finance Director
SUMMARY AND, ACTION "QUESTED. As Pat t of its Consent Agenda, the City Council is
asked to accept the monthly building department report. No specific motion is needed, as this is
recommended to be part of the overall approval of the ConsentAgenda.
STAFF REPORT: Below is a snapshot of the year to date statistics through September 2016.
Comparison data is also include from prior years for new home single family construction and total
permitting activity. Attached are the system summary reports breaking out this information further,
including the statistics related to the inspection activity.
New homes
Total valuation
Average home value
Total Permit Valuation YTD
2016
2015!
2014
193
88
20
$59,818,880
$28,959,699
$11,951,684
$309,942
$329,087
$597,584
$100,152,314**
$33,787,874
$21,609,205
"Includes ISD 916; $17M valuation
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council
accept the September 2016 monthly building permit report,
0111K."ill
1. Valuation Report
2. Permits Issued & Fees Report
3. Inspection statistic report for September 2016
CITY OF LAKE ELMO
Valuation Report - Summary
Issued Date Front: 9/l/n16 To: 9/30/2016
Permit Type: All Property Type: All Construction Type: All
Include YTD: Yes
Permit Kind
Permit Type: BUILDING
COMMERCIAL REMODEL
COMMERCIAL ROOFING
COMMERCIAL TENNANT SPACE REMODEL
SINGLE FAMILY ACCESSORY BUILDING
SINGLE FAMILY ADDITION
SINGLE FAMILY ATTACHED NEW CONSTRUCTION
SINGLE FAMILY BASEMENT FINISH
SINGLE FAMILY DECK
SINGLE FAMILY NEW CONSTRUCTION
SINGLE FAMILY POOL
SINGLE FAMILY PORCH
SINGLE FAMILY WINDOWS
Permit Valuation Dwell
Count Units
$,15,000m 0
$19,400.00 0
1
$325,00000 0
1
$95,00no 0
1
$208,000.00 0
20
$4,27 1,000.00 0
3
$79,000.00 0
2
$38,00000 0
22
$7,467,782.00 0
1
$40,000.00 0
t
$7,20000 0
6
$53,107.00 0
Period 60
$12,618,489.00 0
YTD 338 $100,152,314.11, 0
Report Total: Period 60 $12,618,489.00 0
YTD 338 $100,152,314.11 0
10/12/2016 Pan I of I
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Inspection Statistics Report - Detail
Actual Date From: CITY OF LAXt ELAO
Permit Type: All Property Type- All Construct!" Type- All
Inspection Type
Pass
Fail
No Status
Reinsp
Period Total
YTD Testa
ABOVE CEILING
0
0
0
0
0
3
ACCESSIBILITY
0
0
0
0
0
2
ACCESSORY BLDG FINAL
0
0
0
3
0
1
ENGINEER ACCEPTANCE LETTER.
0
0
0
0
0
2
ACCESSORY FRAMING
0
0
0
0
0
ADDITION FILIAL
0
0
0
0
0
1
AS BUILT
28
0
0
0
28
119
AIRTEST
Il
0
0
0
0
12
BUILDING FINAL
23
10
0
4
37
252
DECK FINAL
4
2
0
0
C
35
DECK FOOTING
0
0
0
0
DEMOLITION FINAL;
0
0
0
0
0
DECK FRAMING
0
0
0
0
0
DRAINTILE
0
0
0
0
0
1
ELECTRICAL FINAL
14
0
0
0
14
154
ELECTRICAL ROUGH IN
0
0
0
0
0
77
EMERGENCY LIGHTING
0
0
0
0
0
3
ESCROW FINAL
28
0
0
1
29
124
FIRE ALARM FINAL
0
0
0
{
P
1
FIRE ALARM ROUGH
0
1
0
0
1
2
FOUNDATION INSULATION
0
0
0
0
0
12
FENCE FINAL
2
0
0
0
2
20
FINALS
6
1
0
0
7
43
FIREPLACE ROUGH IN
14
0
0
0
14
15
FIRE
0
0
0
0
0
FOUNDATION
41
0
0
0
41
208
FOOTINGS/SLAB
51
5
0
7
63
308
FIREPLACE FINAL
0
0
0
0
0
3
FOUNDATION ATION PRIOR TO BACKFILL
0
0
0
0
0
5
FRAMING 2
4
0
0
0
0
8
FRAMING
23
7
1
6
37
298
FRAMING ROUGH IN
1
0
0
0
1
8
FIRE RATED WALL ASSEMBLY
0
0
0
0
Il
2
FIRE SEPERATION WALL
2
0
0
0
2
49
FIRE SUPPRESSION FINAL
0
0
0
0
0
35
FIRE SUPPRESSION ROUGH IN
I
0
0
0
1
3
FOUNDATION / WATERPROOF 1 DRAIN
30
1
it
1
32
17
GASLINE / PRESSURE TEST
14
0
1
18
19
GRADING
0
0
0
0
0
HEATING ROUGH 2
3
0
0
0
3
1
HOUSE WRAP
0
0
0
0
0
8
HYDR >NIC PIPE AIR TEST
0
0
0
0
0
1
HYDROSTATIC TEST
1
0
0
0
1
1
IN FLOOR HEAT AIR TEST`:
0
0
0
0
0
7
INSULATION
18
2
0
2
22
220
KLM,A ACCEPTANCE REPORT
0
0
0
0
0
1
LATH
14
0
0
0
14
132'
HEATING FINAL
22
4
P
0
25
7 3
HEATING ROUGH IN
25
3
0
2
31
268
FIRE SPRINKLER ROUGIH
4
0
4
0
4
24
OCCUPANCY FINAL
Il
0
0
0
0
3
1 1/1 /2016 Pane I oft
Inspection Type Pass Fail No States IReInsp 'Period Total
OTHER
PIER FOOTINGS
PLUMBING BASEMENT" ROUGH
PLUMBING FINAL
POOL FINAL
PLUMBING ROUGH IN
PLUMBING ROUGH
PLUMBING UNDERGROUND
PLUMBING VISUAL;
DON POLY
R INSPECTION
MODEL~ FINAL
ROOFING FINAL
ICE & WATER
ROUGH
SEWER & WATER
SEWER,
SHEATHING
SIDING FINAL
FOOTINGS SIGN'
SILT FENCE
SITE MEETING
SPRINKLER FINAL
SPRJNKLER ROUGH IN
STRUCTURAL STEEL
STORM I
15" Buoy per ordinance
TANK REMOVAL
UNDERGROUND
VBWI7 PERMIT
VISUAL
WATER SOFTNER
WINDOW REPLACEMENT
0
0
0
0, 0
0
0
28
2 0
1
0 0
21
0 0
0
0 0
27
0 0
0
0 0
31
1 0
0
0 0
0
0 0
8
0 0
0 0
2
0 0
42
0 0
I
0 0
0
0 0
1
0 0
0
0 0
7
0 0
0
0 0
0 0
0
0 0:
0
0 0
0
0 0
0
0 0
0
0 0
0
0 0
0
0 0
0
0 0
0
0 0
4
0 0
551
42 I
0
0
3
0
0
0
0
0
5
0
0
0
0
0
0
0
0
0
0
0
0;
0
0
0
0
0
0
0
0
0
0
0
m
0
2
0
I
0
3
33
256
1
9;
21
236
0
2
27
189
0
I
37
18
0
I
0
5
8
41
8
4
2
7
42
186
I
2
0
2
1
10
0
1
7
59
0
1
0
2
0
4
0
16
0
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0
2
0
2
0
0`
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1,
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4
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27
26
4,575
10/12/2016 Page 2 of 2
THE C11"YOF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
10/18/2016
a
AGENDA ITEM: Building Department Report
SUBMITTED BY: Mike Bent, Building Official
THROUGH: Mike Bent, Building Official
REVIEWED BY: Cathy Bendel, Finance Director
Q#7117W�SXZ-T. As part o 1TST-C—onsent Agenda, the City Council is
asked to accept the monthly building department report. No specific motion is needed, as this is
recominended to be part of the overall approval of the ConsentAgenda.
STAFF REPORT: Below is a snapshot of the year to date statistics through September 2016.
Comparison data is also include from prior years for new home single family construction and total
permitting activity, Attached are the system summary reports breaking out this information further,
including the statistics related to the inspection activity.
New homes
Total valuation
Average home value
Total Pei mit Valuation YTD
2016
2015*
2014
193
88
20
$59,818,880
$28,959,699
$11,951,684
$309,942
$3291087
$597,584
$100,152,314**
$33,787,874
$21,609,205
*Includes one home rebuild due to fire
"Includes ISD 916; $17M valuation
I
RECOMMENDATION. Based on the aforementioned, the staff recommends the City Council
accept the September 2016 monthly building pen -nit report.
1. Valuation Report
2. Permits Issued & Fees Report
3. Inspection statistic report for September 2011
CITY OF LAKE ELMO
Valuation Report - Summary
Issued Date From: 9/1/2016 To: 9/30/2016
Permit Type: All Property Type: All Construction Type: All
Include YTD: Yes
Permit Type: BUILDING
COMMERCIAL REMODEL
COMMERCIAL ROOFING
COMMERCIAL TENNANT SPACE REMODEL
SINGLE FAMILY ACCESSORY BUILDING
SINGLE FAMILY ADDITION
SINGLE FAMILY ATTACHED NEW CONSTRUCTION
SINGLE FAMILY BASEMENT FINISH
SINGLE FAMILY DECK
SINGLE FAMILY NEW CONSTRUCTION
SINGLE FAMILY POOL
SINGLE FAMILY PORCH
SINGLE FAMILY WINDOWS
Permit Type: BUILDING -Total
Permit Valuation Dwell
Count Units
$15,000A 0
$19,400A 0
$325$000.00 0
1
S95,000m 0
1
$208,000.00 0
20
$4,271,000.00 0
3
$79,000.00 0
2
$38,000,00 0
22
$7,467,782.00 0
1
$40,000.00 0
1
$7,200.00 0
6
$53,107.00 0
Period 60
$12,618,489.00 0
YTD 338 $100,152,314.11, 0
Report Total: Period 60 $12,618,489.00 0
YTD 338 $100,152,314.11 0
10/12/2016 Page I of I
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CITY OF LAKE ELMO
Inspection Statistics Report - Detail
Actual Date From. /1/ 016 To. /30/201
Permit Type: All Property Type: All Construction Type: All
Inspection Type
Pass
Fail
No Status
Rei7Period
ABOVE CEILING
0
0
ACCESSIBILITY
�
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ENGINEER ACCEPTANCE LETTER
0
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4AD
ITION FINAL
AS BUILT
AIRTEST
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23
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L EC'TRICAL FINAL
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0
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154
EMERGENCY LIGHTING
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ESCROW FINAL
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FIRE ALARM FINAL
0
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29
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4
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II
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7
KLMA ACCEPTANCE REPORT0
2?
220
LATH
0
0
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HEATING FI1iAL.�
0
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13
HEATING ROUGH IN
2Cs
3
33
FIRE SPRINKLER ROUGH
4
II
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31
�6S
OCCUPANCY FINAL
0
0
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LQ/ 12/2 1
0
Pgge I of 2
OTHER
PIER FOOTINGS
PLUMBING BASEMENT ROUGH
PLUMBING FINAL
POOL FINAL
PLUMBING ROUGH IN
PLUMBING ROUGH 2
PLUMBING DERGRO ND
PLUMBING VISUAL
RADONPOLY
INSPECTION
REMODEL FINAL
ROOFING FINAL
ICE & WATER
ROUGH
SEWER&: WATER
SEWER
SI EATHING
SIDING FINAL
FOOTINGS SIGN
SILT FENCE
SITE MEETING
SPRINKLER FINAL
SPRINKLER LER ROUGH IN
STRUCTURALSTEEL
STORM SEWER
15" Buoy per ordinance
TANK. REMOVAL
UNDERGROUND
VBWD PERMIT
VISUAL
WATER. SOFTNER-
WINDOW PLACEMENT
Report Totals
Pass Fail No Status
Reinsp---j Period Total YTD Total
0 0
0 0
00
0 3
0 0
0 €}
0 0
0 0
0 0'
0
0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
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0 0
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32
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27
66 475
10/12/20I6 Page 2 of
TJ 11z CITY 01:
LAK E ELMO
MAYOR& COUNCIL COMMUNICATION
DATE- October 18, 201
CONSENT
ITEM #6
MOTION I
Greg Malmquist, Fire Chief
City Administrator
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item.. -- ............................... ...................... City Administrator
- Report/Presentation ............ ..... -- ....... ....................... Fire Chief
- Questions from Council to Staff......:Mayor Facilitates
- Call for Motion.. ..... ...... ................................. ........ ... Mayor & City Council
- Discussion... ............................................ .......... ........ Mayor & City Council
- Action on Motion....:.. ......... Mayor Facilitates
FISCAL IMPACT: N/A
----------
M210—TE,
department. Advise on any additional inforination requested.
LEGISLATIVE HISTORY: On going monthly report to Council of Fire Department
Activities.
34 calls for the month of September.
I- Structure Fire
2 1 - Medicals
2- Gas leaks
2- Good intent calls
6- Accident with injuries
-- page I --
City Council Meeting [Consent Agenda Item #6)
October 18, 2016
I- Vehicle Fire
I - Smoke or odor removal
34 Total
14 of those calls had 3 or less responders total minus CV response.
Our average response time was 6.5 minutes which is impressive with construction, however, this
is due in part to trucks rolling out faster with less personnel knowing some responders are
delayed to the station.
Department drills for the month were:
#1 — CIRAS active shooter training with Law Enforcement
#2 — CEU Electrical Emergency / PPE / Survival gear
Points of interest:
-Construction continues to cause difficulties with personnel response and time delays.
-1 Fire fighter resigned and another fire fighter gave notice of intent to resign.
-Chief attended the AMEM conference in Breezy Point.
-2 Fire fighters started Fire Officer I training,
-We attended the Cap City meeting in Vadnais Heights.
-We assisted with and observed a fire drill at the Oakland Jr. High this month.
-Fire Prevention efforts have been revitalized with the Lake Elmo Elementary school with events
to follow.
-We are involved with and preparing for the EMPSTF Open House on Sunday 10/09/16.
a=
Opportunities
Threats
ATTACHMENTS:
Council is kept tip to date on activities, training and any significant
items within the fire department.
RM
sm
TIIE CITY OF
'OR AND COUNCIL COMMUNICATION
DATE: 10/1 S/20I u
CONSENT
ITEM ##' 7
THROUGH: Kristina Ilandt, City Administrator
REVIEWED BY. Kristina Handt City Administrator
ISSUE BEFORE COUNCIL:
City Council is asked to review and accept, as part of consent Agenda, a brief description ofactivities that
have taken place in the Public Works Department in the month of September 2016.
PROPOSAL DETAILS/ANALYSIS:
• Construction Inspections at Stonegate Dvlp, Kelvin Ave, highland Trl. N, Kirkwood Ave. N
Inwood I" & 2nd , and hunters Crossing
• Investigate Well Drilling concern on Ivy Ave. w/Build ng Dept.
• Estimates for Public Works Roof Repairs
• Check lake levels in Tri-Lakes Area
• Pre -Con Mtgs for Village Preserve 211 Addition and Hammes DvIp.
• Safety Training
• Quotes and options for PW Radio updates
• Transportation Mtg. wlWashington County
• Water clarity issues in Lake Elmo Heights and Tablyn-Park areas
• Remove data loggers from high/low pressure zones (awaiting report from T A)
• Cleaned City owned Rain Gardens
• Repairs to Lisbon Ave. Lift Station generator
• Water main Freak on Lake Elmo Ave. (construction area)
• Pall Hydrant flushing
• Re -start up of work on Inwood Ave Water Tower
• Minor Storm cleanup (9/21-9/22)
• Cleaning of I-94 Lift Station
• Electric repairs at Public Works
• Ditch repairs at 50' St. N and Demontreville Trl: N
• r Paving repairs on Highland Trl. N Jamley Ave; N and ;2 11 St. N. (2016 Street Projects)
• Repairs to 2000 S-10 and. 1995 C C trucks
• Obtain quotes for new pick-up and single axle plow truck.
• Drainage work in Fields 2'11 Addition and heritage Addition.
29.5 tors of asphalt for pothole patching (Foxfire and. heritage)
RECOMMENDATION:
Base on the activities listed above, City Council is respectfully asked to accept the September 201
Public Work Report.
THE CITY OF
LAKE ELMO
COMMUNICATION
DATE: October 18, 2016
CONSENT
ITEM # 8
SUBMITTED BY: Julie Johnson, City Clerk
THROUGH: Julie Johnson, City Clerk
REVIEWED BY: Julie Johnson, City Clerk
SUMMARY AND ACTION REQ IV cense ILESTED: The City has recei ed a Massage Therapy Li
Renewal Form from Renew & Recover Massage Therapy. The appropriate fee has been paid and
all required documentation has been provided.
LEGISLATIVE HISTORY'. The City of Lake Elmo instituted a city license structure in
Dec be of 2012 in order to better regulate the practice of therapeutic massage in Lake Elmo.
Licenses are subject to renewal each year.
RECOMMENDATION: If removed from consent, staff recommends the following motion-
- -- ------------
Renew & Recover Massage Therapy, as presented."
THL CITY OF
LAKE ELMO
Print Applicant Name:
q�l! 1111 111111111
Ais form Inq be used ill place of a All Massage Tharcipp License 4pplication,
for the reneival of a previously issued massage license, MY if you are able to
answer 'W� " to all of the following questions, nese questions apply to the
previous licensingperiod. Ifyou answer "Yes " to any of thefollowing questions, a
fall massage license application must be completed
(Circle the appropriate response)
1. Were there any changes in the name, location, or ownership of the licensed theSiis t
61p io
or premises? Yes or 0
2. Was any employee, owner or officer of the business or corporation, or the business as an
entity, charged with a violation of state or local laws regulating the practice of massage, or of
any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or
keeping of a disorderly house? Yes or&
I Did any employee, owner or officer of the business or corporation, or the business as
entity, have a similar license denied or revoked by another agency? Yes or 6
4. Was any employee, owner or officer of the business or corporation, or the business as an
entity, charged with any violation of any other law or ordinance related to the operation of
the business? Yes or(Rd
By signing below, you are indicating that the answer to questions I through 4 is "No". Any
inaccurate information contained on this fonn shall constitute grounds for the non -renewal or
revocation of the massage license and potential criminal prosecution.
Applicant Signature Date
Subscribed and sworn before me this day of �,&Qtf^,/j-A(,20—&
: Notst'y PL! M
y Public
m
T11E, CITY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/ 18/2016
CONSENT
ITEM #: 9
AGENDA ITEM: Maintenance Agreement with Stillwater Twp. for Manning Ave, N
SUBMITTED BY: Rob Weldon, Public Works Director
THROUGH: Kristina Handt, City Administrator
REVIEWED Y. Kristina Handt, City Administrator
BACKGROUND:
Manning Ave. N from its intersection with MN State Hwy. 36, as it continues south to 5651 Manning
Ave. N is a border road shared between the Township of Stillwater and City of Lake Elmo. Over the past
years there has been no clear indication as to which municipality is responsible for maintenance and the
road is in need of repairs. Because the city uses this road to access Well House #2 along with a Lake
Elmo property owner adjacent to Well #2, public works has assumed minor maintenance items such as
snow plowing, pot hole patching, and grading of the gravel to allow travel to and from the southernmost
end of the road,
To consider entering into a Maintenance Agreement with Stillwater Township for maintenance and repair
activities on Manning Ave. N from; 5651 Manning Ave. N to its intersection with MN State Hwy. 36
Under the terms of this Maintenance Agreement the City of Lake Ehno will perform maintenance and
repairs to Manning Ave. N along the shared border of the two municipalities. Public Works will track the
cost of maintenance in terrns of materials, time, and equipment used. In January of each year the city will
invoice the township for 50% of costs incurred and provide the township with a breakdown of
maintenance activities performed.
FISCAL IMPACT:
Costs for the maintenance activities should be very minimal and covered under the Street Maint.
Materials and Contract Services line items. There should be little to no increases in these line items as
certain maint. and repairs have taken place in prior years.
City Council Meeting
November18 2016 ConsentlRegular Agenda item #9 1
OPTIONS
.approve Maintenance Agreement with Stillwater Township
Deny Maintenance Agreement with Stillwater Township
Table Maintenance Agreement with Stillwater Township
RECOMMENDATION:
Staff respectfully recommends entering into a Maintenance Agreement with Stillwater Township for the
portion of Manning Ave. N from the property of 5651 Manning Ave. to the intersection with Hwy. 36
"'Move to approve hood Maintenance agreenrent with Stillwater Township for the portion of Manning
Ave. Nfrom 5651 Manning Ave N to its intersection with Minnesota State Highway 3"
ATTACHMENTS:
Road Maintenance Agreement
This Agreement is made on this _ day of 1 2016, by and between the City of
Lake Elmo, a Minnesota municipal corporation (the "City") and Stillwater Township, a
Minnesota political subdivision (the "Town").
WHEREAS, Manning Ave North from 5651 Manning Avenue North, County of
Washington, State of Minnesota northerly to its intersection with State Highway 36 (the "Road")
is a joint road situated in the Town and the City;
WHEREAS, Minnesota Statutes Section 164.14 indicates that towns and cities with a
road on or along their shared boundary are to reach an equitable agreement on the maintenance
and improvement of the boundary line road-, and
WHEREAS, the above mentioned municipalities desire to enter into an Agreement
regarding the costs of maintenance and improvements to Manning Ave North.
- 5111
agree as follows:
1. Vehicle and Ped
nonexclusive easemer
Road and their occul
vehicles.
2. Utility Eas4
inert for the nurnose of
ffiffi
(a) Maintenance Activitij
,,ined herein, the parties do hereby
)arties agree the maintenance of the Road shall be carried out in
Road as though it was 7
maintenance it provides
purposes of this Agreer
limited to, inspecting,
removal, snowplowing,
tree).
The City agrees to provide for the regular maintenance of the
ocated entirely within the City and to provide the same level of
on its roads of similar condition and similar level of use. For the
lent, "regular maintenance" shall include, but is not necessarily
crack filling, minor road improvements, tree trimming, tree
sanding, signing, and removal of obstructions (e.g., a downed
(b) Cost Share for Maintenance. The Town agrees to pay the City 50 percent of the costs the
City incurs to provide regular maintenance on the Road. Regular maintenance costs shall
be based on a time, material, and equipment rate set by City as applied to the time
actually incurred to provide regular maintenance on the Road.
487030v 1 KRH LA515-1
(C) Billing for the above mentioned services will be billed to the Town by the City in January
of each year for costs that were incurred in the prior calendar year, The Town shall pay
the invoice in full within 45 days of the date of the invoice.
4. Parking. For the safety of the residents, =no machinery, trailers, vehicles, or other property
may be stored or parked upon the Road except parking of vehicles for limited periods of time
(not to exceed 12 hours).
5. No Guarantee. The Town understands and agrees that, given varying weather conditions and
availability of resources, the City will endeavor to provide the regular maintenance services
indicated herein on the Road, but the City does not represent, warrant, or guarantee that its work
will meet any particular criteria or standards, or that it will be delivered within any particular
time. The City will include the Road in its maintenance schedule and provide such regular
maintenance activities in accordance with its usual policies and procedures.
oses to improve t
•
9. Term and Termination. The tern i of this Agreement shall be for two years from the date
indicated above and shall automatically renew for successive two-year terins on such date until it
is terminated. Either party may terminate this agreement by providing the other party written
notice of termination at least 90 days prior to the expiration of the then current term. The parties
understand that Minnesota Statutes Section 164.14 requires an agreement as to the maintenance
of line roads and so the party proposing to terminate must include a proposed alternative line
road agreement with its notice to terminate. The parties agree to work in good faith to negotiate
the terms of a new agreement prior to the termination of this Agreement.
10. Insurance. Both parties agree to maintain general liability insurance during the entire terin
of this Agreement. The package insurance policies offered by the self-insurance pools
W
487030v I KRH LA515-1
established by their respective local government membership organizations shall constitute
sufficient insurance coverage for the purposes of this Agreement.
I. Indemnification. The City agrees to indemnify and defend the Town from any claim or suit,
and resulting costs (including defense costs) arising out of or related to the alleged negligent act
or failure to act by the City, its officials, agents or employees in its performance of regular
maintenance activities on the Road under this Agreement, unless such claim or suit is due to the
alleged negligence of the Town, The party undertaking any future improvements on the Road
shall be responsible for indemnifying and defending the other party against any claim or suit, and
resulting costs (including defense costs) arising out of or related to its negligent act or failure to
act related to the improvement project, unless such claim or suit is due to the negligence of the
party not conducting the improvement project. To the extent a court considers this Agreement to
constitute a joint venture or joint enterprise between the parties, any liability arising from or
related to the activities contemplated by this Agreement shall be considered as against a single
entity and shall not exceed the limit for a single entity as provided in Minnesota Statutes Section
471.59, subdivision I a. Nothing in this section shall be construed as a waiver of any liability
limits or immunities contained in Minnesota Statutes Chapter 466, nor as the acceptance by
either party of the other party's liability for the puqioses of Minnesota Statutes Section 471.59,
subdivision I a or otherwise.
12. Disputes. The parties mutually agree the terms of this Agreement constitute an equitable
agreement for the purposes of Minriesota Statutes Section 164.14. However, if either party
detennines this Agreement has become inequitable, or if any other dispute arises regarding this
Agreement, the parties will first meet to discuss the issues and use good faithefforts to resolve
the disagreement. In the event the parties are not able to resolve the disagreement, and if the
dispute involves the fairness of the division of costs or responsibilities under the Agreement,
either party may submit the issue to the county board for a deterinination in accordance with
Minnesota Statutes Section 164.14, subdivision 4. The parties may mutually agree to submit any
other dispute to mediation for resolution, but if the parties do not agree to mediation or some
other form of alternative dispute resolution, either party may seek relief in district court.
13. Modifications. Any alterations, amendments, deletions and waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by each party.
14. Entire Agreement. It is understood and agreed that the entire agreement of the parties is
contained herein and that this Agreement supersedes all oral agreements and negotiations
Between the parties relating to the subject matter hereof as well as any previous line road
agreements presently in effect between the parties concerning the Road.
15. Recording. Either party may record this Agreement in the office of the County Recorder or
Registrar of Titles, but electing not to record this Agreement shall not affect its validity.
to, Governing Law. This Agreement will be governed and construed in, accordance with the
laws of the State of Minnesota.
17. No Third Party Rights. This Agreement is solely for the benefit of the parties. This
10
4870300 KRH LA515-1
Agreement shall not create or establish any rights in or for the benefit of any third party.
18. Executed in Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same Agreement.
M
487030vl KRB LA515-1
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
this day of October, 2016.
mmcu=
Signature Date
Mike Pearson, Mayor
Signature
Julie Johnson, City Clerk
Signature
I
Im
Im
487030vl KRH LAS15-1
'n 1E CITY 01"
LAKE ELMO
MA & COUNCIL COMMUNICATION
DATE: October 18, 2016
CONSENT
ITEM # 10
REVIEWED BY: Jack Griffin, City Engineer
Cathy Bendel, Finance Director
KEMY RE, COMMENDER- Engineering,
FISCAL IMPACT: None, Partial payment is proposed in accordance with the Contract for the project.
Payment remains within the authorized scope and budget.
for-RUMM"s WIN I ildwilraftennug
LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Magney Construction, Inc., the
Contractor for the project, has submitted Partial Pay Estimate No. 5 in the amount of $509,521.58. The
request has been reviewed and payment is recommended in the amount requested. In accordance with the
contract documents, the City has retained 5% of the total work completed. The amount retained is
$47,813.99.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, Pay Request No. 5 for the Inwood Booster Station Improvements project. If removed from the
consent agenda, the recommended motion for the action is as follows:
"Move to approve Pay Request No. 5 to Magney Construction, Inc. in the amount of $509,52L58jor
the Inwood Booster Station Improventents".
ATTACHMENT(S):
M
PROJECT PAY FORM
PARTIAL PAY ESTIMATE NO. 5 FOCUS ENGINEERING, it
INWOOD BOOSTER STATION IMPROVEMENTS PERIOD OF ESTIMATE
PROJECT NO. 2014.129 FROM 911/2016 TO 9/3012016
PROJECT OWNER: CONTRACTOR -
CITY OF LAKE ELMO MAGNEY CONSTRUCTION, INC,
3800 LAVERNE AVENUE NORTH 1401 PARK ROAD
LAKE ELMO, MN 55042 CHANHASSEN, MN 55317
ATTN. JACK GRIFFIN, CITY ENGINEER
No. Approval
Date
2
TOTALS
NETCHANGE
$2,754,96
START DATE: 412812016
SUBSTANTIAL COMPLETION: 10128/2016
FINAL COMPLETION: 11/25/2016
t 1. Original Contract Amount
Z, Net Change Order Sum
3. Revised Contract (1+2)
4 pdcomlete
5*Stored Materials
6. Subtotal
7. Retainage* 5.0%0
8. Previous Payments
9. Amount Due (6-7-8)
ORIGINAL DAYS 211 ON SCHEDULE
REVISED DAYS 214 YES
REMAINING 59 NO
ENGINEER'S CERTIFICATION: MSA PROF ESSIO NAL7�ICE:S
A
The undersigned certifies that the work has been reviewed and to the -17
best of their knowledge and belief, the quantities shown in this 4;(
estimate are correct and the work has been performed in accordance EN INFER
with the contract documents, to (10
DATE
CONTRACTOR'S CERTIFICATION: CONTRACTOR
The undersigned Contractor certifies that to the best of their 'let
knowledge, information and belief the work covered by this payment
estimate has been completed in accordance with the contract -8- Y-
documents, that all amounts have been paid by the contractor for
work for which previous payment estimates was issued and payments DATE
received from the owner, and that current payment shown herein is
rkomv
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
I BY BY I
DATE DATE
FOCUS Engineering, inc. PROJECT PAYMENT FORM
PARTIAL PAY ESTIMATE NO. 5
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO. 2014J29
ITEM
SI
2
3
4
5
6
7 ....SUBTOTAL
a
9
10
11
DESCRIPTION OF PAY ITEM
DIVISION I - GENERAL
MOBILIZATION
TRAFFIC CONTROL
SILT FENCE
CLEARING AND GRUBBING
TEMPORARY ROCK CONSTRUCTION ENTRANCE
STREETSWEEPING
SITE RESTORATION
-DIVISION 1
DIVISION 2 - WATER MAIN
CONNECT TO EXISTING WATERMAIN AND SFFhACE
1.5` COPPER WATER SERVICE PIPE
12" DUCTILE IRON WATERMAN PIPE, CLASS 52
DUCTILE IRON FITTINGS
SUBTOTAL - DIVISION 2
DIVISION 3 - STORM SEWER
UNIT
LS
LS
LE
LS
CA
He
IS
EA
LF
IF
LS
QUANTITY
I
1
240
1
1
10
1
3
65
100
344
CONTRACT
UNIT PRICE
$551000,00
$700100
SiLOD
$2,000,00
$1,000,00
$105,00
$4,800.00
$1,500,00
$50,00
$120.00
$16,00
AMOUNT
$55,000.00
$70uo
S720.00
$2,00)(3100
$1,000D0
$1,050.00
$4,800,00
$65,270G0
$4,500,00
$31250.00
$121000AX)
$5,504DO
$25,254.00
THISPERIOD
CIUANTITY AMOUNT
0,00 STICK)
0.10 $70.00
0,00 $0,00
0,00 $0.00
0.00 $0,00
0100 $0,00
(iroo Soloo
$7MOC
0= $(Loo
OBO $0,00
0.00 $0,00
0.00 Sam
$0,00
TOTAL TO DATE
QUANTITY AMOUNT
1.00 $55,000,00
0190 $630,00
240 $72OLO
1 $400boo
1 $1,000,00
0 $0.00
0 $0,00
$59350,00
3 $4,500,00
65 $3,250,00
100 $12,000,00
344 $5,504,00
$25,254,00
12
10'PVCDRAIN
LF
is
$SDPD
$7500O
0.00
$0,00
IT
$0,00
13
18" RCP STORM SEWER PIPE, CLASS 5
LF
130
550.00
$6,501100
DDO
$OxO
121
$6105000
14
18" RCP FLARED END SECTION
CA
I
S11500,00
$1,500,00
0,00
$0,00
1
$1,500,00
is
CATCH BASIN/MANHOLE
EA
2
43,000-00
$6,000,00
doo
$0,00
2
S6GOODO
16
RANDOM RIPRAP CLASS III {CV)
CY
10
$160G0
$1,600,00
10,00
$1,600.00
10
$1,600,00
SUBTOTAL- DIVISION 3
$16;350,00
$1,600,00
E151150.00
DIVISION 4 - DRIVEWAY CONSTRUCTION
17
COMMON EXCAVATION JP)
Cy
690
Szo,00
$13,80IT00
O'Co
SOOo
690
$13,800,00
19
SELECT GRANULAR BORROW Pi
CY
110
$2540
$2,750,00
90.00
$2,250G0
110
$2,750D0
19
SUBGRADE PREPARATION
LS
1
$1,400,00
$1,400.00
0,70
$980,00
1100
$1,400,00
20
AGGREGATE BASE CLASS 5
ION
140
$22N0
$3,080,00
118,00
$2,596.00
118
$2,596,00
21
TYPE SP 93 WEAR COURSE MIX QA)
TON
50
595.00
$4,750,00
0.00
$0.00
0
$0.00
22
4" CONCRETE SIDEWALK
SY
41
$70,00
$2,870.00
31.00
$2,170,00
31
$4170,00
23
SEGMENTAL RETAINING WALL
FF
480
S23,00
$11,040,00
421,00
$9,683,00
421
$9,68100
24
SPLIT RAIL FENCE
IF
120
$17,00
$2,0110,00
0100
$ON0
0
$0100
25
GUAROPOST
CA
3
$350L00
$1,050,00
3.00
$1,050n0
3
$1,050,00
26
6" PERFORATED PVC DRAIN
LF
140
$40,00
$5,600,00
(LDO
$0,00
140
$5'600.00
27
8' INUNE DRAIN
EA
5
$900,00
$4,50OA0
040
$0,00
5
$4,500,00
28
ROOF DRAIN COLLECTION
EA
5
$900100
$4,500,00
0,00
$0,00
a
SITLO
29
DRAINTILE CLEANOUT
EA
1
$900.010
$900.00
1-00
$900,00
1
$900,00
SUBTOTAL - DIVISION 4
$58,280,00
$19162900
$44,449A0
30
DIVISION 5 - BOOSTER FACILITY
31
Superyttim.
LS
1
$18,550.00
$18,550.00
OAD
$1,855,00
oko
$11,130,00
32
Bond & Insurance
LS
I
$19,620L00
0100
$0,00
Lao
$19,62040
311300
Concrete Work
LS
1
$58,760,00
$S$.76040
045
S2,93iL00
1,00
558,760.00
32000
Reba,
IS
1
$5,100,00
$5,100,00
OGS
$255GO
1100
$5,100,00
3AS16
Heavy Duty Concrete Floor Finish
IS
1
$1,860,00
$1,860,00
000
$0.00
Noo
$010
42000
Masonry Work
IS
1
$70,480,00
$70,481100
DDO
$0.00
0,65
$45,81Z00
55000
Misc. Metals
IS
1
$3,350.00
$3,350,00
0,00
Sam
1,00
$31150100
61000
Rough Carpentry
Is
1
$25,500.00
$25,500,00
0,00
$N00
1.00
$25,500,00
62210
PlasticTflm
LS
1
$1,170.00
$1.170,00
INO
$1,170,00
1100
$11170.00
71113
Bituminous Damproofirlit
IS
1
$670,00
$67000
0,00
$0,00
1100
$67MOD
72113
insulation (below grade)
LS
1
$1,250G0
S1'250A0
GAP
$0,00
LOD
51125040
72126
Blown Fiberglass Insulation
LS
1
$2,700,00
$2,700,00
0,00
$0,00
0.00
$0,00
72726
fluid Applied Membrane Air Barrier.
IS
a
C4,000.00
$4,000,00
0,00
$0,00
1.00
$4,000G0
73113
Asphalt Shingles
LS
1
$6,600,00
56GO0D0
0100
$0100
1,00
$6600ko
74618
Metal Soffit & Fasda, gutters & downspouts
IS
1
56,550G0
$6,550,00
CL45
$2,947.50
LISP
$5,240:00
74646
Mineral Fiber Siding
IS
1
$10,600.00
$10,600.00
0185
$9,010,00
0.85
S91010D0
79200:Joint
sealants
L5
1
$3,210,00
$3,21000
0.00
$ozo
0100
$0,00
81600
FBI, Doors
LS
I
$11,950.00
$11,950,00
1.00
$11,950-00
1100
E11,950.00
88100
Glass & Glazing
L$
1
$500,00
$500,00
0,00
$0,00
ODO
$0,00
88410
Translucent Windows
LS
1
$9,960.00
$9.960.00
ILEA
BOVE
0,00
$0,00
9779E
TRIP Surface laminated panels
IS
1
$9,640,00
59,64000
(Loo
$Oxo
0100
$Doo
59600
High performance Coating
IS
1
$13,400.00
513,400,00
(LOD
50,00
0,20
$2,690,00
101469
WarningSigns
IS
1
$20CL00
$200,00,
n no
$o on.
0100
(Loo
CONTRACT .:...
.. THIS PERIOD -...:
TOTAL TO DATE...
ITEM DESCRIPTION OF PAY. ITEM
UNIT
QUANTITY
UNIT PRICE.
AMOUNT QUANTITY
AMOUNT QUANTITY.
AMOUNT.
104416 Fire Extinguishers
US.
1
S350.tk0.
$350,00
0,00
$0.00
GD0
$0.00
220000 Plumbing.
Ls
1
: $22,500.00
$22,500.01
0,00
$0.00
0135
$7,875.00 .
230000 HVAC
LS
1
$46,400,00.
$40.400.00
0170
$32,480.:00
(L90
$41,760.00
260500. Electircai.
LS
1
$79,800,00.
$791,800,00
0,58:
546,284DO
GAO
$71,820;00
112305 Earthwork
L5
1..
::$7,880,01:
S7.88000
0,00
$0,00
1100:
$71880:00
331300. Disinfection of Water Storage Structures
LS
1
$950,00
$950,00
0.00
$0A0
0.00
$0.00
402323. Process Piping
LS
1
$111,400,00.
$111,400,00
0,00
$0.00
0,40
$44,560,00
412223 Portable Hand Chain Horst &Trolley
LS
1.
$1,200;00
$1,200,00
0,50.
$600,00
0:50:
$600,00
444200 WaterSYsternStorage Tanks
LS.
1
$26,200;00
526,200.00 .
1.00
$26,200:00
1:00
$26,200,00.
444256 Vertical Split Case Booster Pumps.
1S
1
$78,200;00
$78,200,00
0,00
ELLER
Elko
$0,00
444416 Gas Chlorination Sytem.....
IS:
1
$101,500GO
$101,500,00
0.90
$91,350,00
also
$91,150,00..
33 SCADA INTEGRATION AND SYSTEM IMPROVEMENTS (SCADA CONTRACTOR)
LS.
1
$30,000,00
$30,000,00
:0,00
$0,00
ODD
CV00
34 PROCESS INSTRUMENTATION AND CONTROL(SYSTEM INTEGRATOR)
LS
1
$215,000.00
$215,000,00
0,90
51931$00,00
0.90
$193,500.00
35 230 KW GENERATOR SET
LS
1..
S105,000.00:
$105,000,00
0190
$94,500,00
0.90
:$94,500,00
3€ UTIUTY ALLOWANCE (ELECTRIC, NATURAL GAS, TELECOMMUNICRTIONJDA.
i.5.
1..
$10,000:00.
$10,000,00
000
$0,00
0.02.
$189,75
37 HOLDING'EANK AND ASSOCIATED PIPING
LS
A.
S20,000.00:
$20,000,00
0,00
$0,00
1,00.
:$20,000,00
38. EROSION CONTROL BLANKET
BY
625
$2.00
$1,250,00
0.00
$0,00.
0.00
$0,00
SUBTOTAL -DIVISIONS
$1,143,250,00
$515,039,50
$912,07675
CHANGE ORDER(S)
Ct71 Change Order #1 (items 1 7).
is
0
($5,048 A9)
$0,0(
$0:00
0,00
$0.00
CO2 Change Order#2 (item 1) .
L5
6
$2,754,96
:$0,01
0.00
$0.00
0,00
$0.00
SUBTOTAL - CHANGE OROERIS)
$0.00 ..
$0,00
$0,00
TCl7AL5....
51,308,404,00
$536,338.SO
$956,27935
T1 iE CITY OF
LAKE ELMO
MAYOR& COUNCIL COMMUNICATION
DATE: October 18, 2016
CONSENT
ITEM # 11
AGENDAITEM : Inwood Water Tower (No. 4) — Pay Request No, 5
SUBMITTED BY: Chad Isakson, Project Engineer
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Jack Griffin, City Engineer
Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS (ifremoved from the 'consent Agen a
- Questions from Council to Staff...., , Mayor Facilitates
- Public Input, if Appropriate.`..... ........... Mayor Facilitates
- Call for Motion .................... .................... .............. Mayor & City Council
- Discussion ........................... .................................... Mayor & City Council
- Action on Motion ............................... ............. ..................... Mayor Facilitates
FISCAL IMPACT- None. Partial payment is proposed in accordance with the Contract for the
project. Payment remains within the authorized scope and budget.
SUMMARY AND ACTION REQUESTED.- The City Council is respectfully requested to
consider approving Pay Request N . 5 for the Inwood Water Tower (No. 4) project.
LEGISLATIVE HISTORY/BACKGROUND INFORMATION:Inc., the Contractor
for the project, has submitted Partial Pay Estimate No. 5 in the amount of $216,368.68. The
request has been reviewed and payment is recommended in the amount requested. In accordance
with the contract documents, the City has retained 5010 of the total work completed. The amount
retained is $44,206.13.
RECOMMENDATIONStaff is recommending that the City Council approve, as part of the
Consent Agenda, Pay Request No. 5 for the Inwood Water Tower (No. 4) project. If removed
from the consent agenda, the recommended motion for the action is as follows:
�Wve to 40rove Pay Request No. 5 to CB&I, Inc. in the antount of $216,368.68f6r tile
Inwood Water Tower (No. 4) Project".
City Council Meeting
[Consent Agenda Item H]
][ Partial Pay Estimate
—' S.
PROJECT PAY FORM
PARTIAL PAY ESTIMATE NO. + F CUS
ENGINEERING, inc.
INW OD WATER TOWER NO.4
PERIOD OF ESTIMATE
PROJECT NO.2015.130
FROM 8/21/20 .6
TO 9/30/2016
PROJECT {OWNER; CONTRACTOR
CITY OF LAKE ELMO CB&I Inc.
800 LAVERNE AVENUE NORTH I 14109 S. ROUTE 5
LAKE ELMO, MN 55042 PLAINFIELD, IL 60544
ATTN. JACK GRIFFIN, CITY ENGINEER ATTN: MICHAEL ALLISO
CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY
Approval
Amount 1. Original Contract Amount
$2,395,000.0 I
No.
Late
Additions
Deductions 2 Net Change Order Stare
$8,744.00
1
5/3/2016
$0.00
$ .00 3. Devised Contract (1+2)
$2,403,744.00
2
/ 0/2016
$8,744.00
$0.00 4. *Work Completed
$884,12150
5, *Stored Materials
$000
6. Subtotal (4+5)
$884,122.50
7. Retainage* 5. %
$44,206.1
8 Previous Payments
$6 3, 47♦ 0
TOTALS
$8,744.00
$0.00 9. Amount Due (6-7-8)
$2 ,6,36&68
NET CHANGE
Ell, *retailed Breakdown Attached
CONTRACTTIME
START DATE. 4/7/2016
ORIGINAL DAYS 574
ON SCHEDULE
SUBSTANTIAL COMPLETION: 9/28/2017
REVISED DAYS B
YES L J
FINAL COMPLETION: 11/2/2017
REMAINING 398
NO
ENGINEER'S CERTIFICATION: SEH, I
The undersigned certifies that the work has been reviewed and to the
best of their knowledge and belief; the quantities shown in this
estimate are correct and the work has been performed in accordance ENGI EER
with the Contract documents. 10/ /2016
DATE"
CONTRACTOR'S CERTIFICATION. CONTRACTOR
The undersigned Contractor certifies that to the best of their
knowledge,; information and belief the work covered by this payment
estimate has been completed in accordancewith the contract BY
documents, that all amounts have been paid by the contractor for / / 2016
work for which previous payment estimates was issued and payments
DATE
received from the owner, and that current payment shown herein is
now due.
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
BY BY
DATE- DATE
FOCUS Engineering, inc.
PROJECT PAYMENT FORM
PARTIAL PAY ESTIMATE No, 5
INWOOD WATER TOWER NO. 4
A `1 # i,
w
CONTRACT
THIS PERIOD
TOTAL TO DATE
ITEM
DESCRIPTION OF PAY ITEM
UNIT
QUANTITY
UNIT PRICE
AMOUNT
QUANTITY
AMOUNT
QUANTITY
AMOUNT
DIVISION 1. SITE & UTILITY WORK
I
MOBILIZATION
1A
1
$16,000,00
$16,000GO
$0,00
1.00
$16,000.00
2
ROCK CONSTRUCT ION ENTRANCE
EA
1
$31822DO
$31822m0
Oo.00
IVA
$3,822,00
3
TRAFFIC CONTROL
IS
1
$2,068,00
$2,068,00
$0.00
0.50
$1,034,00
4
SUBGRADF, EXCAVAI ION
CY
120
$10L00
S1,200,00
60,00
$60000
60,00
$600,00
5
GEOTEXTILE FABRIC TYPE V
SY
200
$6GO
$1,200.00
Coloo
CIVIL
$1100
6
ORGANIC TOPSOIL BORROW
CY
100
$30.00
$3,000,00
$0,00
EGA
$0,00
7
SELECT GRANULAR SORROW
CY
150
$16,00
$2,400,00
$0,00
0.00
ScHo
8
AGGREGATE BASE, CLASS 6
TON
5.'250
$2200
$27,500,00
SI100
oloo
$0100
9
SIT WEARING COURSE MIX (WEA240B)
TON
65
$99,00
$G43SOO
SPIRIT
GOO
to'Bo
10
BITNON,WEARING COURSE MIX JWER2408)
TON
65
$99,00
$6,435G0
EVER
Moo
$0-00
11
TACK COAT
GAL
35
$10GO
$350,00
soloo
1100
$(Loo
12
S" CONCRETE APRON
SF:..
F
350
$25,00
$8,750-00
$0,00
0,00
$0.00
13
4''CONCRETE WALK
SE
100
$20DO
$2,000,00
SO'GO
GDO
$0,00
14
CONNECT TO EXISTING WATERMUHN
EA
1
$2'300.00
$2,300-00
$0,00
Goo
$oloo
15
G" DIP WATER MAIN PIPE, CL 52
LF
IQ
$110.00
$1,100,00
$oloo
DIED
$0,00
16
16" DIP WATER MAIN PIPE, CL. 52
IT
120
$140,00
$16,800,00
$0,00
0,00
$0.00
17
6' GATE VALVE & BOX
EA
1
$1,980DO
$1,980.00
smoo
oloo
BOOR
is
HYDRANT
EA
I
$4,864:00
$4,864,00
$oGo
Goo
EGGS
19
DIP FITTINGS
IN
700
$2,50
$1,750,00
$0.00
Doo
50100
20
POLYETHYLENE ENCASEMENT
LF
140
52,00
$280,00
Soto
oAo
$0,00
21
4'X TCATCH BASIN WITH GRATING
EA
1
$2,61SALL
$2,611LOO
$moa
0,00
$0.00
22
1,5" CLEAR TOCK
CY
16
$76'o0
$1,216,00
SOAR
Oloo
$0,00
23
GEO TEXTILE TROPIC TYPE1
Ay
30
$6.00
$180-00
$0.00
Goo
$C00
24
18" FDA STORM SEWER PIPE, CL. V
LF
90
GERFOO
SGAN100
Rom
CAP
$000
25
18" APRON W/TRASH GUARD
CA
1
$1,700:00
$1:700,00
$0.00
oloo
Eo'Oo
26
HAND PLACED RIP RAP, CL, III
CY
10
$92,00
5920,00
$DDO
OVA
$0,00
27
GEOTEXTILE FABRIC TYPE IV
SY
37
$100
SIIIAO
$0,00
0,00
$0.00
28
PREASSEMBLED SILT FENCE
LF
500
$2,25
51,125GO
25GOD,
$562m
250.00
$562.50
29
STRAW SIOROLL
IT
11000
$2,00
$2,000,00
$moo
BIDS
$0,00
So
TEMPORARY SEEDING JMIX 22.111 WITH TYPE I MULCH)
PC
L5
$4,000,00
$6,000,00
$0.00
DOE
$0G0
SI
SEEOING (fvllX 25,131 WITH FERTILIZER A, HYDRONIULCH)
AC
ts
$3,500,00
$5,250,00
$000
DOG
$0,00
SUBTOTAL - DIVISION 1
5137,474.00
$1,162,50
$22,018,50
DIVISION 2 - ELEVATED STORAGE TANK
1,
INSURANCE AND BONDS
LS
1
$47,90000
$47,900,00
$0.00
1.00
$47,900.00
2
ENGINEERING & APPROVAL
IS
1
$239,5000o
$239,500,00
Soloo
090
$215,550.00
3
TANK MATERIALS
Ls
1
S316,100.00
S316JOCIGO
tFso
$153,050,00
0.50
SIXF0.50,00
4
TANK FABRICATION A, SHIP
LS
I
S287,700SK,
$287,700.00
AIRS
$14,385,00
0,05
S14,385,00
5
FOUNDATION CONSTRUCTION
Es
1
$413,400G0
$413,400.G0
DOE
$20,670,00
0,95
$392,730,00
6
CONCRETE SHAFT CONSTRUCTION
IS
1
$372,100-00
$372,l00'c0
0,09
$33,489,00
0,09
$33,489.00
7
TANK ERECTION ION GROUND)
IS
1
$214,601100
$214,600,00
$000
GOO
$0,00
a
TANK PAINT (ON GROUND)
IS
1
5142,300D1
$142,300.00
$0.00
AEG
$0.00
9
HOIST TANK
LS
1
543,450,00
$43,450.00
$0.00
0,00
$0,00
10
TANK PAINT (IN AIR)
IS
1
$74,200,00
$74,200.00
$0.00
Too
50VIS
11
STERILIZE. AND TEST
LS
1
$976.00
$976,00
$000
DICK)
$0.00
12
ELECTRICAL
UI
589,800.00
$89,800.00
$0,00
OCO
som
13
WATER TOWER CON'FALL, PANEL:AND RTU
ts
1
$15500
$0,00
SUBTOTAL - DIVISION 2
$2,257,526GO
$226,594,00
$862,104,00
TOTALS - SASE CONTRACT
$z'395,000DIS
$227,756'50
$884,122:S0
TOTAL CHANGE ORDER NO,l
0 1 $0,00 $0,00
50,00
$0,00
TOTAL CHANGE ORDER NO.2
0 1 $11,744.00 $8,744.00
$0100
0,00 $0.00
TOTALS- REVISED CONTRACT
$Z,403,744,00
$227,756,50
$864,122:50
T1 IE CIT'V OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/18/2016
CONSENT
ITEM #: 12
AGENDA ITEM: Purchase of Public Works Pick-up
SUBMITTED BY: Rob Weldon, Public Works Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Cathy Bendel, Finance Director
Finance Committee
The City of Lake Elmo Public Works Department uses a wide array of vehicles to delivery daily and
essential services to its residents. To accomplish daily tasks, the department utilizes 7 vehicles for its 8
fulltirne public works employees to achieve daily and emergency tasks, With the growth of the
community and increase in daily workloads and services the department is experiencing difficulties in
fulfilling these requirements with its aging fleet. Of the 7 vehicles that are utilized daily two of them are
over 16 years old with severe signs of wear and extensive mechanical issues. These mechanical issues
have plagued the department with down time, repair costs and the need to use personal vehicles to carry
out city business on a daily basis.
Council is being asked to consider the purchase of a 2017 Ford F-150 Crew Cab for the Public Works
Department,
Purchase of this vehicle will help alleviate down time and repairs to the aging and undersized Public
Works fleet. Also, by making this purchase, the department will be able to operate the aging vehicles in
more of a reserve capacity until they can ultimately be replaced.
Use of this new vehicle will primarily be for the Public Works Director with availability to other staff in
public works when needed. This vehicle will also be utilized to transport public works and other city staff
to and from training events, as well as being made available to city hall staff when needed.
City Council Meeting
October 18, 2016 Consent #12
FISCAL IMPACT:
Cost of the truck through State of Minnesota Cooperative Purchasing Agreement and warning lights shall
not exceed $35,000. If approved, this vehicle would be funded with reserves in the general fund.
OPTIONS:
Approve purchase of truck.
Deny purchase of truck.
Table purchase of truck,
RECOMMENDATION:
Staff is recommending the purchase of a 2017 Ford F- 150 Crew Cab for the Public Works Department for
an amount not to exceed $35,000.
Department in an ammint not to exem
ATTACBMENTS:
Midway Ford (State bid - track)
Emergency Automotive Technologies Inc. (warning lights)
Midway Ford Commercial
Fleet and Government Sales
2777 N, Snelling Ave,
Roseville MN 55113
2017 F.1 50 # 4:.
Automatic Transmission .0 Vinyl Seat
Air Conditioning Dual Front Air gags
AMIN Radio ASS Brakes
Matching Full Size Spare
Travis Swanson
651.343-5212
tswa n son rosev II Ien l deyford�
Fax # 651- 04- 93 i
S Code PSelect rice ]'Exterior Colorslr�
i# d f • ,ue Jeans
�����MCaribou Metallic
• as ' • I. !ShadowBlack�f
Magnetic Metallic
i
Options Price Totals
Extended Warranty
Transit Imps Excise Tax
Tax Exempt L.c
6.5% Sales Tax
Document fee
Sub total per vehicle
Number of vehicles
Grand Total for all units
• ... . my
(Bumper Bumper)
You must have a active F I code to participate in this
• +contractd r
r #�
City, State; Zip
Contact Person/ Phone
Contact's e-mail address and fax #
EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC.
55GENEVAAVE.
OAKDALE, MN 55128
USA
Voice: 651 T65.2657
Fax: 651 765-2660
Quoted To:
CAKE ELMO PUBLIC WORKS
RKS
3800 LAVERNE AV
LAKE ELM(, MN 55442
CustomerID
LAKE ELMC1, CITY' OF 10126116
n12
It3,�
Quote Number: DLO92616-14
Quote Date; Sep 26, 2016
Page: 1
Quantit
ItemDescription
Ursit 'r ce
1.00
CONTACT
rweldon@lakeelmo.org
1.00
R2LPPA
WHELEN RESPONDER 2 LOW PROFILE
299.00
LED BEACON, 6 LINEAR LED, PERM
MOUNT, AMBER
1.00
TADS
DO MI NATOR TI R3 8 LAMP TRAFFIC
404,26
ADVISOR, 16 CABLE
1.00
R M-101LP-F156-15
ACARI ROOFTOP THIRD BRAKE LIGHT
262.00
MOUNTING PLATFORM - 22" WIDE - NO
HOLES DRILLED SOLUTION FOR PERM
MOUNT ACCESSORIES -VEHICLE
SPECIFIC FOR 2015+ FORD F-150
1.00
EX--MISC SUPPLE"
STANDARD SHOP SUPPLIES FEE FOR
50.00
GENERAL INSTALLATION AND WIRING`
MATERIALS
1.00
SERVICE LABOR
SHOP LABOR RATE FOR:
525.00
404,26
262.00
I
M
Subtotal 1,540,26
Sales Tax
TOTAL 1,540.26
-1-1 E. CITY OF
LA K E ELMO
STAFF REPORT
DATE: October 18, 2016
CONSENT
ITEM #: 13
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
The City advertised for applications for the Building Inspector position from September 8-22, 2016. On
October 3, 2016 staff interviewed three applicants.
ISSUE BEFORE COUNCIL: Should Miles Johnson be hired as the Building Inspector at the terms
described below?
PROPOSAL DETAILS/ANALYSIS:
Staff is recommending the Council hire Miles Johnson as the Building Inspector. Staff is further
recommending a starting wage of $32/hour. Lastly, Mr. Johnson would begin accruing PTO at the 5-year
service level (6.5 hours bi-weekly) on his start date.
Mr. Johnson has been a Building Inspector in Woodbury for the last 12 years and previously worked in the
construction trade.
FISCAL IMPACT:
Cost of the position fully loaded is $94,655
OPTIONS:
1) Hire Miles Johnson as the Building Inspector at the terms described above.
2) Offer the job to Mr. Johnson under different terms
3) Offer position to another candidate
4) Re -advertise the position
RECOMMENDATION:
If removed from the consent agenda:
Motion to hire Miles Johnson as the Building Inspector with a starting ivage of $321hour and PTO
accrual at the 5-year set -vice rate.
THE CITN'OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/18/16
Consent
ITEM: #14
SUBMITTED BY.- Mike Bent, Building Official
THROUGM Mike Bent, Building Official
REVIEWED BY. Cathy Bendel, Finance Director
Kristina Haridt, City Administrator
- Introduction ofItem .�_............ ..............................................
- Report/Presentation ..... '-~^^---^~---^^-~~-`^~``-~`=~-........... City Administrator
- Questions from Council vmStaff .......... ........... ____.............. ~, Mayor Facilitates
~ Public....... ~,=°~~~-~..................
~ Call for Motion......... -._`,~..._..-~°'_-.~-.._---~^,_-,--Mwyo/ =+City Councilw
-........ --~....... -............ ............ .,........... Mayor " "^
City Council
The City Council recently approved moving forward the hiring of a second building inpector.to
2016. The new building inspector will need a vehicle.
Used vehicles were considered, and the closest vehicle which would fit the needs of the department
had 3 5,000 miles and price difference to a new vehicle was minimal. Purchasing new also provides
2 years of free maintenance to the City.
Attached is thc� quote to purchase a 2017 Chevrolet Equinox for $24,656.75. The most recent
vehicle purchased for the building department was a Jeep Compass at $21.6k. The proposed Chev
Equinox is a far better vehicle for the price
RECOMMENDATIONS- Staff recommends that the City of Lake Elmo purchase the 2017
Chevrolet Equinox per the attached quote.
I_ Quote for 2017 Chev Equinox_ _
Reorder lrornNIADASERVICES (651) 291,2400 , 1=500-652-9029
FAMILY OWNED SINCE 1922
5900 Stillwater Boulevard North - PO Box 337
till ate " ` oto .scam Stillwater, Minnesota 55082
Phone 65 t-439-=1333
Stock/C Date G_1i_ - Salesperson:, fvIrr4raTCi4 Tam
Buyer Narne. (Last;PT 1 Y D1 A I l= E _ (First) (M ddle)
Co-BuyerName: (Last) , _ .. (First) (Middle)
Add,,,:3800 LAVERNE AVE N clty: LAKE E MO State, LM ce..ty. WAGHINGTON a zip. 14 --969
Home Phone (fl � t � I'7tt� ~ 5 t£���i Bess Phone. �11 �, 1 � _ Buyer lam Co -Buyer DOB:
Buyer D.L. # CO -Buyer D.L. #
Buyers insurance Co. Policy #: ,ti
PLEASE ENTER MY ORDER FOR: NaX M Used 0 Demo Cl Lienholder Address:
YEAR MAXE MODEL aCiY
TRANSMISSION C1„CF� INTERIOR
1HEVROLET INOX iUL:N AsID )IIT tlT1E ET _AG
VAt AR RYR flk1`F Srrt'rF_w�..».®."".�n.5it cnrxc
TRADE-IN DATA
EAR MAKE �.. MODEL^��... ,....«-.»«
IN N
H
ExR
DATE
CASH PRICE OF VEHICLE
INSTALLED wHicH ARE NOT COVERED BY THE
MANUFACTURER WARRANTX
CUSTOMER IN11TIAL8
MILEAGE TRANSMISSION
NOON . CUSTOMER-1-REBATE
DOES YOUR TRADIEINHAVE ABRANDED YES.�I NC7. 0TITLE ON INSIJRANC`E 5AWAGe HISTORY?
IS THE POLLUTION CONTROL EOLRPEMENT ON YOUR YES NO 0TRADE-IN INTACT AND IN OPERATING CONDI;"ION?
Dealer's Disclaimer of warranty
Unless the vehicle is sofel wlth a separate written dealer warranty or the LESS"TRADE CAI ALLCI!
dealer eaters into a service contract with the buyer, the vehicle is sold 'AS
IS". Dealer expressly disclaims all warranties„ either express or implied,
including the implied warranties of merchantability and fitness for a particular
purpose. The entire rlslt of the quality and performance of the vehicle is with1 —4
the buyer. LICENSE PLATE'
31..
Important. A manufacturer warranty may apply. TITLE & TRANSFER FEES 1 45.15
LIEN RECORDING PEE N A
ENSE & FEES
1
F
CASH SUBMITTED
WITH ORDER A SUBTOTAL
LESS BALANCE OWING TO
._...... ___. LEINHOLDER ON TRADE IN N1A
TOTAL DOWN PAYMENT N A
TOTAL AMOUNT DUE ON DELIVERY
The front and back of this CONTRACT comprise the entire CONTBACT affecting this purchase, THE DEALER wilt not recognize any verbal agreement, or any other agreement or
understanding of any mature. You certify that no credit has been extended by dealer for the purchase of this motor VEHICLE, You certify that you are IS years of age or older, and ackno4adg&
receiving a cop/ref this contract.
The terms of this CONTRACT were agreed upon and the CONTRACT signed in this dealership ,1 "TANT: THIS A A BINDING CONTRACT
on the date noted at tap of this form, If DEALER is arranging credit for YOU, this CONTRAST YOU MAY E ANY DEPOSITSl �1
Is not valid until a credit disclosure Is made as described In Regulation Z and you have accepters AND
THF (ITY OF
LAKE ELMO
MAYOR & COUNCIL COMMUNICATION
DATE: October 18, 2016
REGULAR
ITEM # 15
AGENDA ITEM: Old Village Phase 1: Street, Drainage, and Utility Improvements —
Assessment Hearing on Improvements and Adopting the Final Assessment
Roll
6 is
REVIEWED JW: Cathy Bendel, Finance Director
Sarah Sonsalla, City Attorney
Chad Isakson, Assistant City Engineer
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ..................... ..... ............ ...... ........ City Engineer
- Report/Presentation ......................... .................. ............ City Engineer
- Questions from Council to Staff .......... ................... ............. . Mayor Facilitates
- Open Public Improvement Hearing; Public Input ................ Mayor Facilitates
- Call for Motion ........................ .................. — ............ Mayor & City Council
- Discussion- ...... ...... ................ .......... .......... Mayor & City Council
- Action on Motion......................... ............ — ....................... .... Mayor Facilitates
POLICY RECOMMENDER: Engineering/Finance.
FISCAL IMPACT: None. Holding the final assessment hearing follows state statute for assessing
benefitting properties for the improvements and adopting the final assessment roll finalizes the special
assessments to be levied for the project.
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to conduct the
Final Assessment Hearing for the Old Village Phase I Street, Drainage, and Utility Improvements and to
hear upon any objections to the proposed assessment whether presented verbally or in writing. Following
the Hearing, the Council is asked to consider adopting the final assessment roll.
LEGISLATIVE IIISTORY/BACKGROUND INFORMATION: On September 20, 2016, the City
Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the
proposed assessment, and calling for the hearing on proposed assessment for the Old Village Phase 1
Street, Drainage and Utility Improvements.
-- page 1 --
01
City Council Meeting [Regular Agenda Item 15]
October 18, 2016
Pursuant to Minnesota Statutes, Section 429 the Council must declare the final amount to be assessed
against the benefitting properties and the hearing on the proposed assessment for these improvements
must be conducted. Staff has attached a proposed Final Assessment Roll per the unit assessment amounts
presented below. Mailed notice has been provided to each assessed property and notice of the public
hearing has been published in the local paper in accordance with Minnesota Statutes, Section 429. The
Final Assessment Roll must be certified to the County Auditor by November 30, 2016
The Final Assessment Rolls have been calculated based on the final project costs and in accordance with
the City's Special Assessment Policy and the assessment methodologies adopted for this project. The
final total project cost is $6,600,000 with the County cost share contribution of $1,047,000. The final total
cost of the street and landscape improvements is $1,456,000; sanitary sewer improvements are $826,000;
regional drainage improvements are $2,719,000; and water system improvements are $552,000. The
Ovate main replacement and regional storm sewer system are not being assessed.
The final street assessments have been calculated based on the final project costs resulting in a residential
per unit assessment of $8,300, down from the preliminary unit assessment of $9,200; and a commercial
per lineal foot assessment of $230, down from $255. The street and landscape improvements are being
assessed at 30% of the total costs for residential properties using an average residential front footage, and
100% for commercial properties based upon the actual front footage.
The final per REC unit sanitary sewer assessment is $11,000 with some commercial properties being
assigned multiple REC units, down from $14,000 per REC unit, The Feasibility Reports for both Old
Village sanitary sewer projects presented the preliminary assessment amounts to be based on the total cost
for the extension of sanitary sewer for both Phase 1 and Phase 2 of the improvements, divided by the total
number of REC's (or SAC's) connecting to the sewer main. The Final Assessment Roll for sanitary sewer
improvements have been prepared based on council direction provided at the September 6, 2016 council
meeting, to assess for sanitary sewer improvements based on the total cost for the overall extension of
sanitary sewer improvements needed to replace all (or substantially all) existing private, wastewater
systems in the Old Village area, including the Phase I and Phase 2 sewer improvement projects and future
sewer extension projects planned for the Old Village service area.
Assessments for street improvements are being levied over 15 years (increased from 10 years) while the
sanitary sewer improvements will be levied over a 20 year period (increased from 15 years),
RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2016-94;
Adopting the Final Assessment Roll for the Old Village Phase I Street, Drainage, and Utility
Improvements. The recommended motion for this action is as follows:
"Move to approve Resolution No. 2016-94, Adopting the Final Assessinent Roll
for the Old Village Phase I Street, Drainage, and Utility Improvements."
ATTACHATELTJ�J:
1. Resolution No. 2016-94 Adopting the Final Assessment Roll on Street and Watermain
Improvements.
2. Notice of Hearing on Proposed Assessment.
3. Final Sanitary Sewer Assessment Roll.
4. Final Street and Landscaping Assessment Roll.
-- page 2 --
A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR
THE OLD VILLAGE PHASE I STREET, DRAINAGE, AND UTILITY
IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the Council has
met and heard and passed upon all objections to the proposed assessment for the Old Village
Phase I Street, Drainage and Utility hirprovements including street drainage and utility
improvements of Upper 33rd Street N, 36th Street N from Laverne Ave N to west end, and
Laverne Avenue North from CSAH 14 to Upper 33rd Street N.
391219MUM
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over 15 years
for street, drainage and landscaping and 20 years for sanitary sewer, the first of the
installments to be payable on or before the first Monday in January, 2017, and shall bear
interest at the rate of 2.68% percent per annum from the date of the adoption of the
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2016. To each subsequent
installment, when due, shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the county auditor, pay the whole of the assessment on such property, with
the interest accrued to the date of payment, to the City Clerk, except that no interest shall
be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount
of the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the next succeeding year,
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the county. Such assessments
shall be collected and paid over in the same manner as other municipal taxes.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE EIGIffEENTH DAY OF
OCTOBER, 2016.
Resolution No. 2016-94 1
By:
Mike Pearson
Mayor
Resolution No. 2016-94 2
CITY OF LAKE O
NOTICE OF !' i ASSESSMENT
OLD VILLAGE PHASE I - STREET, DRAINAGE, AND
IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will meet in the Council
Chambers of the City Mall at or approximately after 7 00 P.M. on Tuesday, October 18,
2016, to consider, and possibly adapt, the proposed assessment against abutting property
for the Cold Village phase 1 Street, Drainage, and. Utility Improvement. ,Adoption by the
Council of the proposed assessment may occur at the hearing, The following describes
the area proposed to be assessed;
You may at any time prior to certification of the assessment to the county auditor on
:November 18, 2016, pay the entire assessment on such property to the City Clerk with
interest accrued to the date: of payment. No interest shall be charged if the entire
assessment is paid to the City Clerk 30 days from the adoption of this assessment. You
may at any time thereafter, pay to the City Clerk the entire amount of the assessment
retraining unpaid., with interest accrued to December 31 of the year in which such
payment is trader Such payment trust be made before November 15 (date assessment
certified to County Auditor) or interest will be charged through December 31 of the
succeeding year.. If you decide not to prepay the assessment before the date given above
the rate of interest that will apply is 2.68 percent per year.
Once assessments are certified to the County, the assessments are payable in equal annul
installments extending over a period of 15 years for street improvements and. 20 years for
sanitary sewer improvements, the first of the installments to be payable on or before the
fiat Monday in January 2017 and wilt bear interest at the rate of 2.68 percent per annum
from the date of adoption of the assessment resolution.. To the first installment shall b
added interest on the entire assessment from the date of the assessment resolution until
December 31, 2016. To each subsequent installment when due shall be added interest for
one year on all unpaid installments.
The proposed assessment roll is on file for public inspection at the City Clerk's office.
The total amount of the proposed street improvement assessment is $471,460. The total
amount of the proposed sanitary sewer improvement assessment i $o1 000. The City
contribution for the overall improvement project is $4,519,898 and Washington Counol's
contribution for the overall improvement project is $1,047,328. Written or oral
objections will be considered at the meeting. No appeal maybe taken as to the amount of
an assessment unless a written objection signed by the affected property owner is filed
with the municipal clerk prior to the assessment hearing or presented to the presiding
officer at the hearing. The Council may upon such notice consider any objection to the
amount of a proposed individual assessment at an adjourned meeting upon such further
notice to the affected property owners as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes,
*r W044 - B*IL _ys
after the adoption of the assessment and filing such notice with the district court within
ten days after service upon the Mayor or Clerk.
The City Council is authorized in its discretion to defer the payment of an assessment for
any homestead property owned by a person for whom it would be a hardship to make
payment if the owner is 65 years of age or older and/or the owner is a person retired by
virtue of a permanent and total disability or by a person who is a member of the
Minnesota National Guard or other military reserves who is ordered into active military
service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person's
military orders, for whom it would be a hardship to make the payments. The owner must
request a deferment of the assessment at or before the public hearing at which the
assessment is adopted and make application on forms prescribed by the City Clerk within
30 days after the adoption.
•
a deterinent ot an assessment may De o6tamea pursuant to Yfunnesoia ;!51amfes-
Section 435-193.
Nfike Pearson, Mayor
(Published in the Oakdale -Lake Elmo Review on September 28, 2016)
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LAKE ELMS
MAYOR & COUNCIL COMMUNICATION
DATE: October 18, 2016
REGULAR
ITEM # 16
AGENDAITEM: 2016 Street, Drainage and Utility Improvements — Assessment Hearing on
Improvements and Adopting the Final Assessment Roll
REVIEWED BY.
Cathy Bendel, Finance Director
Sarah Sonsalla, City Attorney
Chad Isakson, Assistant City Engineer
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item......... ......... ....... ................. - ............ ......... . City Engineer
- Report/Presentation ......... .............................................. City Engineer
- Questions from Council to Staff....:. ........... ......... Mayor Facilitates
- Open Public It Hearing; Public Input ......... ...... Mayor Facilitates
- Call for Motion ............ ...... -- ........................ -- .. ...... Mayor & City Council
- Discussion .... ..................... — ........... ................. ........... Mayor & City Council
- Action on Motion.... ..................... ..................... ................ Mayor Facilitates
FISCAL IMPACT: None. Holding the final assessment hearing follows state statute for assessing
benefitting properties for the improvements and adopting the final assessment roll finalizes the special
assessments to be levied for the project.
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to conduct the
Final Assessment Hearing for the 2016 Street, Drainage and Utility Improvements and to hear upon any
objections to the proposed assessment whether presented verbally or in writing, Following the Hearing,
the Council is asked to consider adopting the final assessment roll.
LEGISLATIVE HISTORY/BACKGROUND INFORMATION: On September 20, 2016, the City
Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the
proposed assessment, and calling for the hearing on proposed assessment for the 2016 Street, Drainage
and Utility Improvements,
City Council Meeting [Regidar Agenda Item 13]
October 18, 2016
Pursuant to Minnesota Statutes, Section 429 the Council must declare the final amount to be assessed
against the benefitting properties and the hearing on the proposed assessment for these improvements
must be conducted. Staff has attached a proposed Final Assessment Roll per the unit assessment amounts
presented below. Mailed notice has been provided to each assessed property and notice of the public
hearing has been published in the local paper in accordance with Minnesota Statutes, Section 429, The
Final Assessment Roll must be certified to the County Auditor by November 30, 2016.
The Final Assessment Rolls have been calculated based on the final project costs and in accordance with
the City's Special Assessment Policy. The final total project cost is $1,285,400; down from the feasibility
report total project cost of $1,359,800. The final total cost of the street improvernents are $1,119,200 and
water system improvements are $166,200. The summary table below outlines changes when compared
with the feasibility report for a standard residential property. There are select properties that are non-
residential or were assigned higher equivalent values. The proposed assessment for these parcels can be
reviewed on the attached assessment rolls.
Table 1: Assessment Comparison
I Feasibility Report F_
Kirkwood Neighborhood (Streets) $13,800
Kelvin Neighborhood (Streets) $5,200
Kelvin Neighborhood (Lateral Watermain) $12,000
Kelvin Neighborhood (Trunk Watermain) 1 $2,900
Stonegate Neighborhood (Streets) 1 $6,000
Proposed Final
Assessment
$11,700
$5,100
$11,900
$2,900
$5,600
Assessments for street improvements are being levied over 10 years and the water system improvements
will be levied over a 15-year period.
RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2016-95;
Adopting the Final Assessment Roll for the 2016 Street, Drainage and Utility Improvements, The
recommended motion for this action is as follows:
"Move to approve Resolution No. 2016-95, Adopting the Final Assessment Roll
for the 2016 Street, Drainage and Utility Improvements. "
ATTACHMENT(S):
1. Resolution No. 2016-95 Adopting the Final Assessment Roll on Street and Waterritain
Itriprovements.
2. Notice of Hearing on Proposed Assessment,
3. Final Assessment Rolls.
-- page 2 --
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WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and
heard and passed upon all objections to the proposed assessment for the 2016 Street, Drainage and Utility
Improvements including street, drainage and utility improvements of Kelvin Avenue North from CSAH
14 to north cul-de-sac, Kirkwood Avenue North from 50th Street to north cul-de-sac, 9th Street North,
Jasmine Avenue Place North, and Jasmine Avenue North form CSAH 10 to Stonegate I st Addition limits.
L Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each
tract of land therein included is hereby found to be benefited by the proposed improvement in the
amount of the assessment levied against it.
1 Such assessment shall be payable in equal annual installments extending over 10 years for streets
and 15 years for watennain, the first of the install ntints to be payable on or before the first
Monday in January, 2017, and shall bear interest at the rate of 2.68% percent per an urn from the
date of the adoption of the assessment resolution. To the first installment shall be added interest
on the entire assessment from the date of this resolution until December 31, 2016. To each
subsequent installment, when due, shall be added interest for one year on all unpaid installments.
3, The owner of any property so assessed may, at any time prior to the certification of the
assessment to the county auditor, pay the whole of the assessment on such property, with the
interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged
if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she
may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining
unpaid, with interest accrued to December 31 of the year in which such payment is made. Such
payment must be made before November 15 or interest will be charged through December 31 of
the next succeeding year.
4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the county. Such assessments shall be collected
and paid over in the same manner as other municipal taxes.
ADOPTED BY THE tAla ELMO CITY COUNCIL ON THE EIG'ATEENTH DAY OF
OCTOBER, 2016.
CITY OF LAKE EL MO
By:
Mike Pearson
Mayor
Resolution No. 20t6-95 1
Resolution No. 2016-95
CITY OF LAKE ELMO
NOTICE OF HEARING ON PROPOSED ASSESSMENT
2016 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will meet in the Council
Chambers of the City Hall at or approximately after 7:00 P.M. on Tuesday, October 18,
2016, to consider, and possibly adopt, the proposed assessment against abutting property
for the 2016 Street, Drainage, and Utility Improvement. Adoption by the Council of the
proposed assessment may occur at the hearing. The following describes the area proposed
to be assessed:
Street Improvements: Kirkwood Avenue North road reconstruction from 50"'
Street North to the north cul-de-sac.
• Street Improvements: Kelvin Avenue North road reconstruction from CSAH 14 to
the north cul-de-sac.
• Street Improvements: Resurfacing the street through a street reclaini within the
Stonegate Is' Addition consisting of 9th Street North; Jasmine Avenue Place North,
and Jasmine Avenue North from I Oth Street (CS AH 10) to Julep Avenue North.
• Water System Improvements: Extension of a trunk municipal water system along
Kelvin Avenue North from Stillwater Lane North to Kelvin Court North.
• Water System Improvements: Extension of a lateral municipal water system along
Kelvin Avenue North from Kelvin Court North to the northern cul-de-sac.
You may at any time prior to certification of the assessment to the county auditor on
November 18, 2016, pay the entire assessment on such property to the City Clerk with
interest accrued to the date of payment. No interest shall be charged if the entire
assessment is paid to the City Clerk 30 days from the adoption of this assessment. You
may at any time thereafter, pay to the City Clerk the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before November 15 (date assessment
certified to County Auditor) or interest will be charged through December• 31 of the
succeeding year. If you decide not to prepay the assessment before the date given above
the rate of interest that will apply is 2.68 percent per year.
Once assessments are certified to the County, the assessments are payable in equal annual
installments extending over a period of 10 years for street improvements and 15 years for
watermain improvements, the first of the installments to be payable on or before the first
Monday in January 2017, and will bear interest at the rate of 2.68 percent per annum
from the date of adoption of the assessment resolution. To the first installment shall be
added interest on the entire assessment from the date of the assessment resolution until
December 31, 2016. To each subsequent installment when due shall be added interest for
one year on all unpaid installments.
The proposed assessment roll is on file for public inspection at the City Clerk's office.
The total amount of the proposed street improvement assessment is $401,700. The total
amount of the proposed water system improvement assessment is $82.700. The Ciy
contribution for time overall improvement project is $801, 000. Written or oral objections
will be considered at the meeting. No appeal may be taken as to the amount of an
assessment unless a written objection signed by the affected property owner is filed with
the municipal clerk prior to the assessment hearing or presented to the presiding officer at
the hearing. The Council may upon such notice consider any objection to the amount of a
proposed individual assessment at an adjourned meeting upon such further notice to the
affected property owners as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes,
Section 429.081 by serving`notice of the appeal upon the Mayor or Clerk within 30 days
after the adoption of the assessment and filing such notice with the district court within
ten days after service upon the Mayor or Clerk.
The City Council is authorized in its discretion to defer the payment of an assessment for
any homestead property owned by a person for whom it would be a hardship to make
payment if the owner is 65 years of age or older and/or the owner is a person retired by
virtue of a permanent and total disability or by a person who is a member of the
Minnesota National Guard or other military reserves who is ordered into active military
service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person's
military orders, for whom it would be a hardship to make the payments. The owner must
request a deferment of the assessment at or before the public hearing at which the
assessment is adopted and make application on forms prescribed by the City Clerk within
30 days after the adoption.
Notwithstanding the standards and guidelines established by the City for determining a
hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes
Section 435.193.
M
Mike Pearson, Mayor
(Published in the Oak -dale -Lake Ehno Review on Septeinber 28, 2016)
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. K ELMO
MA Y
DATE October 18, 201
REGULAR
ITEM; #17
MOTION
AGE A 1' EM: Financial Management ement flan for Enterprise Funds
SUBMITTED BY. _ Cathy Bendel, Finance Director
THROUGH: Tammy Omdal, Northland Securities
VIEWED BY: Kristina Handt, City Administrator
Julie Fliflet, Finance Committee Chair
Tammy { mclal, Northland Securities
Bernie Bullert, TKDA
SUGGESTED ORDER OF BUSINESS:
Introduction of Item .............................................. .:........ Finance Director
- Report/Presentation ... ... City Staff, Tammy Omdal, Noithland Securities
Questions from Council to Staff ........ .. ....r :........... ............ Mayor Facilitates
Call for Motion ...... Mayor City Council
i
Discussion....,... .................. ........ .....>........ Mayo City Council iI
I
Action on Motion.... .... .. .... Mayor Facilitates
. I
M�
•
-- page 1 --
City Council Meeting
october 18, 2o1fi
[Consent Agenda 1t in ##171
This version was shared with the Finance Committee on October 11, 2016 and some changes and
recommendations came of that review to be incorporated into the neat version including the
following:
• The Finance Committee felt the 30% variance on build cuts was too high. A C% has-
been recommended for future models.
• The MN DEED grant was identified as something needing to be reviewed closer to be
sure it is properly accounted for in the report.
• In past models;_ 100°l of CCP expenses were funded through bonding. _ This version
assumed that any CH' items under 500k would be purchased from reserves rater than
funding through bonding to avoid interest and bonding costs since the cash balances
were strong. (2.5I 1 in the water fund. and $2.5M in the sewer fund). The Finance
Committee will be reviewing the reserve policy for the Enterprise Funds to make a
recommendation related to the model assumptions to use related to bonding vs the use
of cash reerve for future capital purchases and the paying clown of debt:
• The Inwood water system will not be completed until later in 2017 so the model will need
to be updated to reflect that the City will need to continue to purchase water from
Oakdale through the end of 2017
• The model needs to be updated for the recent policy changes impacting fees (early
connection incentive plan, longer special assessment repayment terms and allowing
existing residents to defer connection. fees).
The Finance Committee recommended that the next version be prepared with preliminary year
end 2016 information which will be ready the middle of February 2017. A draft will be
presented to the Finance Committee at their March 2017 meeting.
RJECOMMENDATION: It is recommended that the City Council accept the Financial
Management Plan for the Enterprise Funds elated October 11, 2016.
ATTACHMENT:
NTc
1. Memo from Northland Securities
2. Financial Management Plan presentation
3. Detailed Financial Management flan. Report for Water, Sanitary Sewer and'Storm, Water
Funds (aka The Enterprise Funds
4. TKDA Deport
-- Page
NORTHLAND
SECURMES
To:
Cathy Mendel - Finance Director
From
Tammy C mdal - Northland Securities
Date:
September 15,2016
e.
Scope of Services for Financial Planning
This memorandum is provided at your request The purpose of this memorandum is to confirm
provideyou the services Nbrthland agreed to
executed service agreement d a
k 4
basedand storm water utility systems, including review of user charges and rates.
Northland's scope of work is
Agreementoutlined in the
1. User charges for water, sanitary sewer, and storm sewer service need to be reviewed to ensure
adequate operating revenues and reserves are maintained.
2 The analysis of user charges must consider current and future capital improvements.
. City is seeking to understand the pace of growth needed to cash flow the City enterprise funds.
City desires to understand the potential for lowering water rates in the future.
In performing this work, pursuant to the tasks outlined in the Agreement, Northland prepared its
own spreadsheets to model future estimated financial performance of the utility systems. The
information provided by the City to Northland to perform this work is outlined in the Agreement
and includes annual financial statements, operating budgets, user rate schedules, and customer data
information.
You have asked for a response to the following two questions:
1. Was Northland hired to complete an audit of the City of Lake Elmo's previous pro
forma?
- No, see Agreement.
2; Did you review or look at the City of Lake El o's previous pro forma as part of the
Utility Study you were hired to prepare?
- No, see Agreement.
Northland Securities Inc. 45 South 2th Street, Suite 2000, Minneapofts MN 54(e Tall Free 1-200-851- 920 Main 612- 51- 900
www,iiorthlai- dsecurities.co
Member F INRA and SIP
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CITY OF LA LIV10 N
COST VICE Y FOR
1441
WATER E ND
R M
�����{ � ' � t1 r<„; err✓ ��
PREPARED BY:
suint POW, MN 55101
651192.4400
tkdo.e to
444 Cedar Street, Suite 1500
Saint PaW, MN 55101
G51,292.4400
tkda,com
Kristina Handt
City Administrator
Cathy Bendel
Finance Director
Lake Elmo City Hall
3800 Laverne Ave N.
Lake Elmo, MN 55042
Re: Cost of Service Study for City Utility Funds
Ti DA Project No. 16102.000
it ine uITT OT La&T
to be part of an overall Financial Management Plan for said funds. TKDA was hired to analyze and
present a 10 year cost of service projection for the three utility funds. The analysis and report includes a
cost analysis of past costs and a projection for each, added staffing, and some capital investments for
the existing system. Also included were a recommendation for a work order system, a change in some
depreciation schedules, and a recommendation to use a higher projected rate of inflation for the utilities
rather than 2%.
I 1� I I I• I I s I g I I ip�!•11 �� 11 �ql 11
Bernie Bullert
An employee -owned componv promoting affirmatwe action and equal opportun4y,
TKDA was tasked with doing a cost of service study for the water, sanitary sewer, and storm sewer Utilities.
The projected 10 year costs of operations will be used to project utility rates going forward for the next 10
year period with adjustments annually based on actual Costs over time, A three yea r actual cost history was
used, although the sanitary and storm system are small and changing in size rapidly, therefore the cost
history was not as relevant.
KIRMT-TO MOR -1 - RIMI I -
over the next 10 year period. The assumptions are as follows:
1. a) Expenses are coded in two different ways. Supplies and other charges are directly coded to the
appropriate utility fund. Labor charges are prorated by staff as the percentage of their time spent
working on each utility and are subject to change.
b) Some of the citywide overhead is not charged to the utilities but is paid through general tax
revenue. These include city clerk time, city council costs, attorney costs, building costs, and
equipment cost. This maybe noticeable to the customers who have well and septic systems as they
are funding some utility costs through the general tax revenue.
c) In order to charge costs accurately, a work order system should be implemented and an overhead
rate could be determined and charged as a percentage of the budget to each utility in order to
reimburse the general tax revenue.
d) Depreciation schedules looked appropriate except for water distribution pipe which was
scheduled at 30 to 33 years. The normal industry practices depreciate water distribution pipe over 75
years.
2. a) The inflation rate generally used by Lake Elmo is 2%. It was not revised for this study. However,
utilities usually experience inflation in the range of 3 to '*. we would recommend the City use a
higher inflation rate for this utility rate study.
b) The water system growth in system miles over the next 10 years is projected at 59/6 per year,
c) The sanitary system growth in system miles over the next 10 years is projected at 50% per year.
d) The storm system growth in system miles over the next 10 years is projected at 7% per year.
e3 Ai' h4'- ltri
f
on the length of pipe. Therefore costs for a new system are expected to increase as the length of the
new system expands.
f) For purposes of future expenses, we used 5% for water plus inflation, 30% for sanitary plus
inflation, and 7% for storm plus inflation. The sanitary number was reduced from 50916 to 30% to
maintain a more proper balance in the budget numbers for water and sanitary operational costs,
1 a) Staff does not code labor time or equipment time to jobs however, materials are charged directly
to the correct utility. A work order system will help correctly track all costs to the correct utility,
b) Not all preventative maintenance on the utility systems is currently being done. For example, the
hydrant flushing program is incomplete and there is no valve operating program on the water
system.
c) The utility staffing level of three staff members for 2016 is low when compared to other utilities
and we have increased it to 3.5 for 2017, This should allow for additional preventative maintenance.
d) Staffing added over the next 10 years is as follows:
1. Yz laborer added in 2017, IFTE water, .2FTE sanitary, AFTE storm
2. Yz. laborer added in 2019,.2FTE water, .2FTE sanitary, AFTE storm
I Y2 laborer added in 2022,.2FTE water, .2FTE sanitary, FTE storm
4. Y2 laborer added in 2025,.2 FTE water, 2 FTE sanitary, JFTE storm
5, Yz billing clerk added in 2018; 409,16 water, 25% sanitary, 35% storm
6. Y2 billing clerk addedin 2012, 40% water, 259,66 sanitary, 35% storm
7Yz billing clerk added in 2025; 40% Water, 25% sanitary, 359/6 storm
e) Another Y2 FTE laborer should to be added to streets based on increased street miles. That is a
suggestion but was not part of this study. A new billing system is needed and the efficiencies gained
VMS
population. The additions recommended here bring uftlity staffing to 12, It should be able to be
slightly smaller as Lake Elmo's systems will be new relative to other suburbs.
4. Other operational expense adjustments were made as follows:
a) $25,000 in meters was added for 2017 and 2018 to replace old water meters that should be
replaced. The balance of water meter costs is for meters for new buildings and other
maintenance replacements.
b) Water purchased from Oakdale is discontinued from the projections as Lake Elmo will end the
purchase in 2017.
c) Software support was increased across the three utilities to implement a new billing system
shown in the capital projects.
d) insurance costs were increased for the three utilities as they expand. This insurance would be
purchased from the League of Cities.
e) The Metropolitan Council Wastewater Treatment expenses are based on projected flows. The
numbers were shifted two years because MCES uses actual flows from the last complete year to
project their next year's bill. Therefore the 2017 charges are based on the 2015 flows,
The new operating cost projections for the next 10 year period should be a reasonable estimate of costs.
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THEI CITY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/18/2016
CONSENT
ITEM #: 18
AGENDA ITEM: Inwood 4' Addition Final Plat and Final Planned Unit Development Plans
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Jack Griffin, City Engineer
Emily Becker, City Planner
Mike Bent, Building Official
Greg Malmquist, Fire Chief
Sarah Sonsalla, City Attorney
lam
M/1 Homes of Minneapolis./St. Paul (Hans Hagen Homes) is requesting final plat and final PLJD
(planned unit development) plans for Inwood 4h Addition. The Inwood 4' Addition final plat
and PSI plans is the replat of f Outlot 13, Inwood into 38 single family lots and corresponding,
right-of-way.
ISSUE BEFORE COUNCIL:
The City Council should consider approval of Resolution 2016-90 approving the Inwood 4th
Addition final plat and PTA plans with associated conditions of approval,
PROPOSAL DETAILS/ANALYSIS:
M/I Homes of Minneapolis./St. Paul (Hans Hagen Homes) is requesting g final plat and final PUD
(planned unit development) plans for Inwood 4a' Addition. The Inwood 4h Addition final plat
and PUD plans is the replat of the 10.91 acre Outlot B, Inwood into 38 single family lots and
corresponding right-of-way. The final plat and PUD plans are in substantial conformance with
the approved preliminary plans.
The Planning Commission is recommending that the City Council approve a Final Plat and Final
PUD request from M/I Homes of Minneapolis./St. Paul (Hans Hagen Homes) for Final Plat and PUD
plans for 38 single-family lots and corresponding right-of-way,
Public Hearing. The Planning Commission held a public hearing to consider the final plat at its
October 10, 2016 meeting. At the public hearing, a number of residents expressed frustration over
the construction traffic and the need for another access such as the completion of Island Trail to
City Council Meeting October 18, 2016 Regular Agenda Item #18
I OJI Street. John Rask, the Developer, spoke and explained the reasons for the phasing is to stage
the utility construction and that Inwood 40' Addition is needed in order to construct the sanitary
sewer. Inwood 5th Addition will be finalized over the winter and will also be constructed next
summer at the same time as the 4' Addition which is needed to construct storm sewer. Both of
these projects are needed in order to complete Island Trail to I Oh Street North. John Rask also
pointed out that Inwood 4"' Addition will be different than previous phases in that there will be
full basements, some walk -out lots and a few new housing products introduced and some with
slightly higher price point.
The Planning Commission recommended approval with a 6-0 vote.
I FISCAL IMPACT:
The City Council will be asked to review a developer's agreement concerning the final plat which
will include a detailed accounting of any development costs that will be the responsibility of the
City.
The City Council must approve the final plat if it is found to be in substantial conformance with the
preliminary plat,
The Planning Commission. and Staff are recommending that the City Council approve the final
plat for Inwood 4"' Addition PUD with the following suggested motion:
-0 TV 7U _Vd -op- TJA =eo MOM -717 V-7771W-74TIF approving IF naip,a or
planned unit development.
ATTACHMENTS:
1. Resolution No. 2016-90 approving Inwood 4" Addition findl plat and PUD plans
2. Planning Commission packet, October 10, 2016
3. Planning Commission minutes, October 10, 2016
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
r77M7 7 77M=Gf- IV I POW I HL LN WUUD 4 " `,Tl FIC
PLANNED UNITDEMOPMENT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the
laws of the State of Minnesota; and
WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN ("applicant")
has previously submitted an application to the City of Lake Elmo ("City") for a Final Plat for InWood
P Addition; and
WHEREAS, the Lake Elmo City Council considered and approved the InWood PUD General
Concept Plan on September 16, 2014; and
WHEREAS, the Lake Elmo City Council approved the InWood preliminary Plat and
Preliminary PUD Plan on December 2, 2014; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2016-90 on October 18, 2016
approving the Final Plat and Final PLTD for InWood 4th Addition; and
WHEREAS, a condition of approval of said Resolution 2016-90, establishes that prior to
execution of the Final Plat by City officials, the Applicant shall enter into a Developer's Agreement with
the City; and
WHEREAS, the Applicant and the City have agreed to enter into such a contract and a copy of
the Developer's Agreement was submitted to the City Council for consideration at its October 18, 2016
meeting;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does bereby approve the
Developer's Agreement for Inwood 4th Addition PUD and authorizes the mayor and city Clerk to
execute the document.
Passed and duly adopted this 18th day of October, 2016 by the City Council of the City of Lake Elmo,
Minnesota.
Mike Pearson, Mayor
Julie Johnson, City Clerk
TI 11' CITY OF PLANNING COMMISSION
LAKE ELMO DATE: 10/10/16
AGENDA ITEM: 4A— PUB Lic HEARING ITEM
CASE # 2016-38
ITEM: Inwood 4th Addition Final Plat and Final Planned Unit Development Plans
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Jack Griffin, City Engineer
Emily Becker, City Planner
M/I Homes of Minneapolis/St. Paul (Hans Hagen Homes) is requesting approval of Final Plat and
Final Planned Unit Development (PUD) Plans for Inwood 4th Addition to create 38 single family.
lots. Staff is recommending the Planning Commission recommend approval of the request subject to
the conditions listed in this report.
GENERAL INFORMATION
Applicant: M/I Homes/Hans Hagen Homes (John Rask), 941 NE Hillwind Rd. Suite 300,
Fridley, MN
Property Owners: M/I Homes (John Rask), 941 NE Hillwind Rd. Suite 300, Fridley, MN
Location: Outlot B, Inwood I" Addition,
PID#: 330.292.114.0030
Request: Application for Final Plat and Final PUD approval of a 38 unit'residential
subdivision to be named Inwood 4th Addition.
Existing Land Use and Zoning: Vacant land —within Inwood Final Plat area. Current Zoning:
PUD/LDR — Low Density Residential
Surrounding Land Use and Zoning: Surrounded by residential lots to the north (vacant) and west,
parkland to the east and parkland and 5th Street to the south, all
within Inwood. .
Comprehensive Plan: Urban Low Density Residential (2.5 - 4 units per acre)
Histor y: The City Council approved the general concept plan for the Inwood on September 16,
2014, the preliminary plat on December 2, 2014 and the Final Plat on May 19, 2015
for phase I . Inwood 2 d was approved on 9/1/15, Inwood 3rd was approved on
4/19/16.
.Deadline for Action: Application Complete — 9/1/2016
60 Day Deadline — 10/31/22016
Extension Letter Mailed — No
120 Day Deadline — 12/30/16
Applicable Regulations: Chapter 1 -- Subdivision Regulations
Article 10 -Urban Residential Districts (LIAR)
Article 16 -Planned Unit Development Regulations
150.270 Storm Water, Erosion, and Sediment Control
M/I Homes/Mans Hagen Homes is requesting final flat and Final Planned Unit Development (PUD)
approval of Inwood 4th Addition, replat of Outlot B, Inwood l it Addition. The final plat will result it
38 single family lots on 10.9tacres. The final plat will have a,gross density of3.5 (DUA) dwelling
units per acre compared to the overall Inwood gross density of 2.7 DUA. The Net density is 3.5 DUA
as there are no ponds, wetlands, collector roads or parkland in the 4th phase. Lot widths vary from
64.3 feet to 15 feet and lot sizes vary from. 8,171 sq. t. to 13,650 sq. ft., consistent with the
preliminary plat and the LDR — Urban Loco Density Residential zoning requirements.
Plat Summary:
Development area (Outlot B):-
Total lot area::
Residential lots:
R/W area:
Average lot size:
Gross density:
Net density:
10.1 acres
.4 acres
38
.51 acres
.22 acres
3.51 dwelling units per acre
3.51 dwelling units per acre
There is no parkland dedication in this phase. All parkland dedication was dedicated with the first
phase. No trails are proposed with this plat, however condition of the Yd Addition final plat was that
he surrounding trails be installed prior to issuance of building permits. The trails have been
constructed including the east -west trail to the north of this phrase of the plat. The previously
dedicated parkland is located between this plat and 5 h Street. 'Street access to the park will be from
Ivywood Ave or Ivywood Lane (or new name given to these streets).
The City's subdivision ordinance establishes the procedure for obtaining finial subdivision approval.
A final plat can only be approved ifit is in substantial conformance with the approved preliminary
plat and if in comormance it must be approved.. Staff has reviewed the final plat and found that it is
consistent with the preliminary plait. The developer will need to follow all approved development
and construction plans for Inwood `h Addition.
Staff has reviewed the final plat and final PUD development plans and has identified a number of
issues that need to be addressed prior to recoding the final plat. A summary of the issues are as
follows:
Landscape ape Plans. Staff has reviewed the landscape plans and has the following comments:
The landscape plans/utility plans must be revised to maintain 10 font offset between trees to
utilities. As proposed there are multiple conflicts with the boulevard trees being placed too
close to water/sewer service stubs. Also Lots s 5 and 6 Block t have: trees located over
stormsewer pipe. "These trees need to be relocated to the lot side of the sidewalk outside the
1 O' drainage and utility easement or in the easement with approval of the City after staking:.
• Add plan note to the landscape plans to require all trees to be field located and approved by
the city prior to planting trees.
• Remove plan note ##3 on sheet L2. Tree installation is required as part of the developer"
installed improvements.
• Revise plan: note #7 on sheet L2 as follows; "Trees may be adjusted with prior city approval
to accommodate final home plans and driveway locations."
• One irrigation service is proposed from Ivywood Avenue to the proposed Park. Location
must be reviewed and approved by Planning/Public Works prier to installation. The City of
Lake Elmo Irrigation service detail must be on the landscape plans.
Engineering Review. The City Engineer has reviewed the final plat submittal and has prepared a
memorandum for the Commission and Council's review. The comments in the City Engineer'
review memorandum dated. September 28, 2016 should be addressed prior to releasing the plat for
recording;
Preliminary Plat Conditions. The Inwood 4th Addition final plat is in conformance with the
preliminary plat. The preliminary plat and PUD plans for Inwood were approved with conditions.
From that preliminary plat approval, the following conditions remain outstanding(Staff has provided
comments related to each condition in bold italics):
I The applicant shall work with Community Development Director to name all streets in the
subdivision in a manner acceptable to the City prior to the submission of final plat. The
.Planning Department had nanted all streets within the entire plat, however, the City is in
theprocess of revising its strut nau in policy. Bas d on discussions with the City Council,
the Council may want to provide guidance on street nalnes within the plat. Based on
discussions, Staff is recommending ding reran ing the new road Ivywood Circle North.
2) The preliminary landscape plan shall be updated to address the review coniments from the
City's landscape architecture consultant as noted in a review letter dated November 18, 2014.
The prelhninai* landscape plat, has been updated and phases I — 3 have been approved.
The landscape planfiorphase 4 is consistent with theprelitninaly landscapeplans except
as noted below.
l ) All center median planting areas as depicted on the preliminary plat and plans shall be owned
by the City of Lake Elmo and maintained by the Dome Owners Association. The applicant
shall enter into a maintenance agreement with. the City that clarifies the individuals or entities
responsible :for any landscaping installed in areas outside of land dedicated as public park.,
trails, or open space on the final plat. There is no signed maintenance agreement for the 4111
phase. An approved and executed landscape license agreement shall be re uir d prior to
the release of building permits in the ,01 phase:
1 The developer shall install a multi -purpose trail along 1 Oth Street between "Street 13" and
Inwood Avenue. This condition will be addressed in €r future phase.
Any conditions that would still apply to Inwood 41" addition are included as part of :the Staff
recommendation below..
H
RECOMMENDED CONDITIONS OF APPROVAL:
Staff is recommending conditions as part of this final plat review to address issues highlighted in this
report that include conditions of the preliminary plat that have not been fully addressed by the
applicant. The City,Engineer's review memorandum dated September 28, 2016 identifies a number
of issues that need to be addressed by the developer in order for the City to deem the final plans
complete. Based on the above Staff report and analysis, Staff is recommending approval of the final
plat and final PIS development plans for Inwood 4'h Addition with the following conditions:
Recommended Conditions of Approval.
1) All easements as requested by the City Engineer or Public Works Department shall be
documented on the Final Plat prior to the execution of the final plat by City Officials.
2) All conditions/cornments from the City Engineer's review memorandum dated September 28,
2016 be complied with prior to the execution of the final plat by City Officials,
3) That the Landscape Plans be revised to address the Planning and Engineering review
comments prior to recording the final plat,
4) That the 5h Street Irrigation water service be installed with the 4 1h Addition improvements
consistent with the Landscape Specifications for 5th Street, and that the City's standard water
service for irrigation detail be added to the final landscape plans.
5) A Common hiterest Agreement concerning management of the common areas of Inwood 4th
Addition and establishing a homeowner's association shall be submitted in final form to the
Planning Director before a building permit may be issued for any structure within this
subdivision,
6) That the new street in the final plat be named Ivywood Circle North.
7) The applicant shall also enter into a landscape license agreement and Maintenance agreement
with the City that clarifies the individuals or entities responsible for any landscaping installed
in areas outside of land dedicated as public park and open space on the final plat.
DRAFT FINDINGS
Staff is recommending that the Planning Commission consider the following findings with regards to
the proposed Inwood 4th Addition Final Plat:
That all the requirements of City Code Section 153.08 related to the Final Plat have been met
by the Applicant.
That the proposed Final Plat for Inwood 0 Addition consists of the creation of 38 single-
family detached residential structures,
That the Inwood 4th Addition Final Plat is consistent with the Preliminary Plat and Plans as
approved by the City of Lake Elmo on December 2, 2014.
0
That the Inwood 4th Addition Final Plat is consistent with the Lake Elmo Comprehensive
Plan and the Future Land Use Map for this area.
That the Inwood 4th Addition Final Plat generally complies with the City's Urban Low
Density Residential zoning district except as previously approved as part of the Inwood PUD.
That the Inwood 41h Addition Final Plat complies with all other applicable zoning
requirements, including the City' s landscaping, storm water, sediment and erosion control
and other ordinances, except as previously approved as part of the Inwood PUD.
0 That the Inwood 4th Addition Final Plat complies with the City's subdivision ordinance.
RECCOMENDATION:
Staff recommends that the Planning Commission recommend approval of the Inwood 4th Addition
Final Plat with the 7 conditions of approval as listed in the Staff report.
Suggested motion:
"Move to recommend approval of the Inwood 4th Addition Final Plat with 7 conditions of
approval as drafted by Staff base on the findings listed in the Staff Deport."
ATTACHMENTS:
1. Application Forms and Narrative
2. Inwood 4th Addition Final Plat
3. Inwood 4'h Addition Final PUD Plans
SUGGESTED ORDER OF BUSINESS:
- Introduction... ....... ...... --,- .... --- ........ ......Planning Staff
- Report by Staff:.......... ....... ..... .......... ........ ................ .... Planning Staff
- Questions from the Commission .... ................... ... Chair & Commission Members
- Public Coraments ....... ...... ............ — ................. ,.....:::......::..........::.......Chair
- Discussion by the Con-unission ....... -- ...... . Chair & Commission Members
- Action by the Commission ..... ... — ...... .......... Chair & Commission Members
Date Received:
Received By.,
Permit 9,
TJ It: CITY OF 651-747-3900
LAKE ELMO 3800 Laverne Avenue North
Lake Elmo, MN 55042
Comprehensive Plan ED Zoning District Amend El Zoning Text Amend F-I Variance*(see below) 0 Zoning Appeal
El Conditional Use Permit (C.U.P.) 0 Flood Plain C.U.P. El Interim Use Permit (J,U,P.) n Excavating/Grading
F-I Lot Line Adjustment 1:1 Minor Subdivision 0 Residential Subdivision Sketch/Concept Plan
0 PUD Concept Plan 0 PUD Preliminary Plan � PUD Final Plan EJ Wireless Communications
Applicant:
Phone #
Email Address. 'k- r.)
Fee Owner:
Address:- <I-,
Phone
Email Address,
Property Location (Address):
(Complete (long) Legal Description:
PlD#: W-11 'If Cc
Detailed Reason for Request:
*Variance Requests: As outlined in Section 301.0o Municipal Code, the applicant must demonstrate
practical difficulties before a variance can be granted, The practical difficulties related to this application are as follows,
Signature of appllcant��iY
Tj IECITY OF
LAKE ELM O AUG 17 2016
Lake Eirno City Hall
651 '747-3900
800 Laverne Avenue Nodh
Lake Elmo� MN 55042
I I- ji II* 0 sib Y W - -►-
Iwo IN" wimemiiiliigm I
I have read and understand the instructions supplied for processing this application, The documents and/or
information I have submitted are true and correct to the best of my knowledge, I will keep myself informed
of the deadlines for submission of material and of the progress of this application,
I understand that this application may be reviewed by City staff and consultants, I further understand that
additional information, including, but not limited to, traffic analysis and expert testimony may be required for
review of this application, I agree to pay to the City upon demand, expenses, determined by the City, that
the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount to
be determined by the City. Said expenses shall include, but are not limited to, staff time, engineering, legal
expenses and other consultant expenses.
mmrt M Y
Name of _Phone
(Please Print)
Name and address of Contact (if other than applicant)
Revised 311312014 SA I AM
*1*1 W., CHN OF
LAKE ELMO
AUG 114146 City Hall
651-747-3900
.38001averne, Avenue Nod
Lake Elmoi MN 55042
I hereby affirm that I am the fee title owner of the below described property or that I have written
authorization from the owner to pursue the described action.
--
(Please Print)
Street addressllegal description of subject prope
Signature
or a copy of your authorization to pursue this action.
-'Date
If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this
action.
I rVinril-r-e-urpa"Persillp is e Tee Or agreement au norizing 1: is action on
behalf of the joint venture or partnership.
Revised 311312014 9:12 AM
Date Received:
Received By:
LU File
LAKE ELMO
Phone #: _ "
Email Address: y
Fee caner:
Address.
Phone #:
Email Address.
Property Location (Address): -'
Complete (long) Legal Description:
General information of proposed subdivision;
0
Revised 71261261611:20 Ah1
T1 11: CITY OF
LAKE ELMO
Lake Elmo City Hall
651-747-3900
I hereby affirm that I am the fee title owner of the below described property or that I have written
authorization from the owner to pursue the described action.
Name of applicant A17 Z--/
Street address/legal description of subject property_ —a2--�al/���
/5"
Signature 'bate
uls�# ILT10111M tutslimmoug
If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this
action.
behalf of the joint venture or partnership,
Revised 311312014 9:12 AM
TI it- CITY OF
LAKE ELMO
Lake Elmo City Hall
651-747-3900
jq*00 Laverne Avenue NoO
Lake Elmo, M N 55042
I 1 "1111011611110
W
I understand that this application may be reviewed by City staff and consultants. J further understand that
additional information, including, but not limited to, traffic analysis and expert testimony may be required for
review of this application. I agree to pay to the City upon demand, expenses, determined by the City, that
the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount to
be determined by the City. Said expenses shall include, but are not limited toj staff time, engineerlegal
expenses and other consultant expenses.
Signature of applicant Dte �:
a'<e
Name of Phone '�Y-; —
(Please Print)
Name and address of Contact if other than applicant)
Revised 31131204 9:11 ANI
Final Plat and PUD Final Pl nl` rrative
Hans Hagen Homes
January 17, 21
2. Written Statements
a. List of contact i brmatio
AvDlicant
John R.ask-
Llans Ilaen Lne
941 NE Hillw nd Road, Suite 300
Fridley, MN 55432
763-5-720
I'0ert C) er
John Rask
Faris Hagen Home
941 NE 1-lillwii d Road, Suite 300
Fridley, NIN 55432
763-6-00
Survey -or
Dan Cibermiller
ECr Rud and Sons, Inc.
6776 Lake Drive NE, Suite 110
Lino Lakes, MN 5501
651-361-8200
Civil Engineer
Brian Krystoflak, PE
Carlson McCain Inc:
48 Apollo Drive, Suite 100
Lino Fakes, MN 55014
763-48 -7905
Wetland Consultant
Melissa. Barrett
Kjolhaug Environmental
6105 Wild Rose Marie
Shorewood, Mai 55331
52-401-8757
1
h. A listing ofthefollowing site data: Address, current zoning, parcel size in
acres and scluare feet, property identification number(s) (PID), and current
legal descriptiun(s);
c. Final Subdivision and Lot Information
i. InWood 4th Addition
ii. Lot Tabulation — see attached plat and table. The 4th addition plat
includes a total of 38 lots, which is consistent with the approved
preliminary plat for this part of the neighborhood.
iii. There is no park land dedicated in this phase,
iv. 2.51 acres of public right-of-way,
d An explanation ofhow issues have been addressed since the Preliminary Plat
phase of the development;
The final plat for the 4th Addition is consistent with the preliminary plat and
conditions of approval as discussed below.
1. The applicant shall work with Community Development Director to name all streets
in the subdivision in artanner acceptable to the City prior to the submission of filial
plat.
Response: The Community Development Director has supplied street namesfor
the entire plat,
I The City and the applicant shall reach an agreement concerning the location and
dedication of land associated with the proposed water necessary to provide adequate
water service to the In Wood project area prior to the acceptance of a final plat for any
portion of the PUD area.
Response: The applicant and Uty have ago-eenient on the final sealer system design.
The proper(y owner, Inwood 10 LLC, has provided land.161- afiture City iiwter
toii,er.
3. 'rhe preliminary landscape plan shall be updated to address the review comments
from the City's landscape architecture conSUItant as noted in a review letter dated
November 18, 2014.
Response: The applicani has subinittedrevised plans n') the City adcli-essing the
above. Lanascqpin�qfior theflirst phase and err,, treet has been partially installed
M
4Prior to the submission of a final plat for any portion of the InWood PUD, the
developer shall work with the City to determine the appropriate park dedication
calculations for the entire development area.
Response: The Park Dedication requirements were satis/7ed with the Final Plaifor
Inwood Oullof L. Inwood ivas dedicated to the City1for.,tuture park.
5. As part of any development agreement that includes improvernents to one of the
adjacent County State Aid Highways (CSAH E3 and 10"Strect), the City dfid tlle,7 zmfrl),
developer shall determine the appropriate responsibility for the cost of these
improvements.
Response: There are no improvements or connections planned to either CSAH 13
or 10"' Street with this phase, Cost sharing was determined and agreed apon with
the Inwoodfinal plat.for CSAH 13 andfunds ever provided by Hans Hagen
Homes,
6. The applicant must enter into a separate grading agreement with the City prior to tile
commencement of any grading activity in advance of final plat and plan approval.
The City Engineer shall review any grading plan that is submitted in advance of a
final plat, and said plan shall document extent of any proposed grading on the site.
Response: The applicant entered into a separate grading agreement with the City
and has graded the property consistent with the approval.
7. The applicant shalt continue to work with the City oil the final desi 0an of 5"' Street, and
in particular, the transition from the InWood PUD to properties located further to the
cast (including the Boulder Ponds development and land owned by Bremer Financial
Services).
Response. The applicant -wor k-ed with the City on the final design and has
constructed 5"' Street through the project site.
8. The utility construction plans shall be updated to incorporate the recommendations of
the City Engineer concerning the appropriate location and size of sewer services
through the PUD planning area, including any requested oversizing of these facilities
to service adjacent properties.
Response: The tailityplanswere zq)tlated(intirestibn7ittedlothc,* CityEngineerprior
to the approval oj'the Inwood Final Plat.
9The proposed public street access to 5"' Street from Streets D2 and the southwest park
area (Park 1) shall be eliminated from the preliminary development plans it) order to
bring the proposed spacing into conformance with the City's access spacing
guidelines. Staff is requesting that tile developer continue working with the City to
determine the most appropriate access into and out of the southwest park area.
3
Response: This change was made to the pr°e>litnituny plat. The 4"' addition Plat is
consistent with this requirement,
10. All center median planting areas as depicted on the preliminary plat and plans shall
be owned by the City of fake Elmo and maintained by the [-Ionic Owners
Association. The applicant shall enter into a maintenance agreement with the City
that clarifies the individuals or entities responsible for any landscaping installed in
areas outside of land dedicated as public park, trails, or open space on the final plat:
Response- 7he HO,4 docunients/br• theproject were dr-c tee consistent with this
condition, The documents are recorded og ainst the property,
[ 1. The applicant must either move the planned north/south tail through Park l further to
the west around an existing; wetland area located approximately 400 feet south of 10"'
Street or will need to work with the South Washington Watershed District to design a
multi -purpose trail through the buffer area that complies with all applicable
watershed district's requirements.
Response: pose: The trail was installed with the previous phase oft e development
11 The Final Plat and [Tans nlust address the requested modifications outlined in the
City Engineer's review memorandum dated November 16, 2014.
Response: The applicant updated the preliminary streets and utiliiy plans to be
consistent with the City Engineer's comments, The update plans were srrhinitted
to the City prior to the Final Plat and Final P UD plan ftrr the P phase..
13. The applicant shall be responsible for updating the final construction plans to include
the construction of all improvements within Count} rights -of -way required by
Washington County and further described in the review letter received from the
County dated November 17, ` 014.
Response'
The plans are updated to include the necessary right-of-way fas
required by Washington Coo vty:
14, Prior to recording the Final flat for any portion of the area shown in the preliminary
Plat, the Developer shall enter into a Developers Agreement acceptable to the City
Attorney that delineates who is responsible for the design, construction and payment
of public improvernents.
Response: The applicani has entered into cr Developer*.s• Agreeme it consistent lv th
this condition.
15. The developer must follow all the rules and regulations of the Wetland Conservation
Act, and adhere to the conditions of approval for the South Washington Watershed
District Permit:
Response: There are no wetlands being impacted as a result of this project and
all the conditions of South Washington Watershed District are being rnet. The
applicant has received the necessary development approvals ronz the 4'ater he
District.
e. A statement showing the proposed density of the project with the aleth d o
calculating said density :shown (Below numbers are based on allthesingle
farnily lots; and nt t just this phase);
i. Single Family land use area of the overall plat includes 102.9 acres
(The 4th additional includes 10.91 acres
ii. 275 total single family homes 3 lots in 4th Addition).
iii. Single Family Gross Density of 3.5 units per acre (Overall project -
density is 2.7 units per gross acres)
iv. Single Family Net Density of 03.51 units per acre (there is no park- land,
ponds, wetlands, and collector roads in this phase of the
neighborhood.)
f:" Discuss ro osed infrastructure improvements andphasing thereof (i,e,
proposed roadways, sewer systems, water systems, sidewalksltra ls, parking
etc) necessary to serve the subdivision, -
The 4th phase will include the construction of the necessary roads, sewer and
water; The storm water improvements; including ponding and infiltration
basins were installed with the first phase of development.
. 4 narrative addressing concerns issues raised by ne gghbor~ingproperties
(discussing your proposal with the neighboring land owners is recommended
to geta sense of what issues may arise as your application is processed)
Neighborhood input was provided during the PUD Plan review stage.
Comments generally related to concerns over the extension of municipal
services in this area of the community and the impacts that come along with
changes to lend use.
The land uses and density of the lnWood neighborhood are consistent with the
City's Comprehensive flan, and.: no changes are necessary as a result of the
Preliminary flat application.
Hans Hagen Homes has also designed the neighborhood to lessen the impacts
on adjacent property owners, as well as to enhance the neighborhood for
future residents. These design features include:
A linear park- along the eastern edge of the property that exceeds
the City's initial standard of 100 feet. The hood linear park
varies from 100 feet to over 200 feet.
ii. The lots and streets were orientated cast/west with curl -de -sac lots
backing to the linear park. There are only 19 lots that back up to
the linear park over a distance of 2,640 Feet. Under standard
zoning; there could be 40 lots backing up to the buffer.
ilia Additional land fore neighborhood park adjacent to the existing
toneate development. This park will serve the needs of residents
living in InWood as well as the neighborhoods to the east.
iv. Landscaped berms along 10"' Street, 51h Street, and along a portion
of the western edge of the neighborhood
.4 description ofhow coriflictts with nearby land uses {livability, value;
potential future development, etc, and/or disturbances s to wetlands or natural
areas are being avoided or mitigated;
The InWood neighborhood is consistent with the C ty's Comprehensive Plait
which provides for a graduation of land use intensities over the site. North o
the 5'1' Street parkway will be single family homes,: Transitioning to the west
will be commercial. The neighborhood plan for Inwood provides a large
pond and beans to help transition between the commercial and single fanny
neighborhood.
The InWood neighborhood plan avoids and preserves the three wetland basins
found on the site. While these wetlands are currently farmed and significantly
degraded, it's our intent to restore them with native vegetation.
i provide justiijication that the proposal will not place an excessive -burden on
roads (traffic), sewage, water supply, parks, schools, fire, police, or other
publicfacililieslse vices (including traffic flcrw.$) in the area,
The City's Comprehensive Plan provides for the planned and orderly growth
of the community by making sure that the necessary infrastructure and
services are in place as growth occurs. Because the proposed neighborhood is
consistent with the-City's Comprehensive Plan, no impacts or excessive
burdens are anticipated to the roads, public utilities, or public services:
detailed traffic steady w= s prepared as part of the EAW, and found no traffic
impacts that could not be mitigated.
The majority of the homes in the neighborhood will not contain school age
children. As; such, no impacts are anticipated to the North St. Paul school
district:
j: if applicable; provide a description ref rcrposd Icr ;shore access (i.. shared
dock with multi le slips, individual docksfor each lot, .);
Not applicable.
INWOOD FOURTH ADDITION (PHASE 3) LOT SUMMARY TABULATIONS
8-Aug-16
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Ryan Stempski, P.E. 651.300.4267
A10fl.-
Date: September 28, 2016
To: Stephen Wensman, City Planner Re: Inwood 4th Addition — Final Plat
Cc: Chad Isakson, P.E., Municipal Engineer Engineering Review Comments
From: Jack Griffin, P.E., City Engineer.
An engineering review has been completed for the Inwood 4 th Addition. Final Plat/Final Construction Plans were
'ved on August 17, 2016. The submittal consisted of the following documen ation prepare recel I t d by Carlson-
McCainst, Inc. or as noted:
• Inwood Fourth Addition Final Plat, ate Augu t 8,
• Inwood 4th Addition Street and Utility Construction Plans dated July 20, 201&
• Inwood 4th Addition Specifications dated July 20, 2016.
• Inwood 4th Addition Landscape Plans dated August 9, 2016�
STATUS/FINDINGS: Engineering review comments have been provided in two separate memos; one for Final Plat
approval consideration, and one to assist with the completion of the final Construction Plans. Please see the
following review comments relating to the Final Plat application.
• Final Construction Plans and Specifications must be revised in accordance with the Construction Plan
engineering review memorandum dated September 28, 2016.
• Final Construction Plans and Specifications must be prepared in accordance with the City Engineering
Design Standards Manual using City details, plan notes and specifications and meeting City Engineering
Design Guidelines.
• All easements as requested by the City Engineer and Public Works department shall be documented on the
Final Plat prior to the release of the Final Plat for recording.
• All easements as requested by the City Engineer and Public Works department shall be documented on the
Final Construction Plans,
FINAL CONSTRUCTION PLANS & SPECIFICATIONS
• No construction for Inwood 4th Addition may begin until the applicant has received City Engineer approval
for the Final Construction Plans; the applicant has obtained and submitted to the City all applicable
permits, easements and permissions needed for the project; and a preconstruction meeting has been held
by the City's engineering department.
• The Final Plat shall not be recorded until final construction plan approval is granted.
• A separate memorandum will be provided to direct additional plan corrections necessary for final
construction plan approval.
From. B_ob_W_gi&n
To: St hen Wensman
Subject: Inwood 4th review
Date: Friday, September 02, 2016 11:39:11 AM
Steven,
There are a couple changes we would like to see to the water and street plans.
Water —Add a 12" gate valve on the north side of Ivywood Ave, at its intersection w/
Ivywood Ln. As the current plans show, we would be shutting water off to the entire
addition it work/repairs would be needed in the area from Sth St, north to were the 12" main
ties in from the easement on the west. Adding this valve would help us isolate the area and
better control water flowage.
Streets — R8-3 No Parking (symbol) signs shall be 18"x18". This is the size we currently stock
and prefer to stay with.
Another point of concern and question is the size of trees being proposed for boulevard
landscaping. We would like to stay away from trees that will grow to a size that impacts traffic flow
and creates damage to streets, curbs and walks.
Thanks!
Rob
Rob Weldon
Public Works Dir6ctor
City of Lake Elmo
1,51-747-3941
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City of Lake Elmo
Planning Commission Meeting
Minutes of October 10, 2016
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 pm.
COMMISSIONERS PRESENT: Fields, Dodson, Williams, Dunn, Kreimer, and Lundquist
COMMISSIONERS ABSENT: Haggard, Larson &griffin
STAFF PRESENT: Planning Director Wensman
Approve Agenda:
P: Lundquist/Dodson, move to approve the Agen a s am
motion carried Unanimously.
M/S/P* Dodsoh/Fields, move to approve the September 26, 2016 Minutes as amended,
Vote- 6-0, motion carried Unanimously.
There are 7 findings of fact for approval. Staff is recommending 7 conditions of approval
which include complying with the engineers memo, landscape licensing agreement, a
CIC Homeowners agreement, etc.
9
M
Williams is not sure how they can legally tie another construction access to this plat.
Wensman stated that he would defer to the developer. He does not feel that they can
tie it to this plat.
coincide with the Island Trail road.access. They are v
intended to be that in
23MM=
yet but will be req ired bef
Wensman went through the findings for approval. There are 9 conditions of approval
which include the CIC agreement, landscape/public art agreement, street B be to be
named, 15' setback, etc.
TJ IF C 3TY OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
blowiNTOMWIM
REGULAR
11%
ITEM #- 19
ACE ITEM.> Conditional Use Permit Amendment - Rockpoint Church Overflow Parking Lot —
5825 Kelvin Avenue North
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Stephen Wenstuan, Planning Director
Rockpoint Church has submitted application for a Conditional Use Permit Amendment to allow the
construction of an overflow parking lot on the eastern portion of their property. The proposed -
parking lot would provide an additional 124 spaces, including 8 accessible parking spaces. A future
parking area has been designated that would provide an additional 116 parking spaces.
The Council is respectfully requested to consider a request for a Conditional Use Permit Amendment
from Rockpoint Church to allow construction of an overflow parking lot at 5825 Kelvin Avenue
North.
Proposal Details:
• Rockpoint Church was established within what was forraerly known as Deer Glen subdivision,
currently platted as Hidden Meadows of Lake Elmo.
• The site is zoned PF — Public and Quasi -Public Open Space and is 19.67 acres in size.
• Places of worship are conditional uses in the PF zoning district,
• The property was granted a Conditional Use Permit for a place of worship in 2005 by Resolution
2005-029.
o The conditions of approval included approval of a 520 site plan.
• A Conditional Use Permit amendment was granted in 2011 to allow an expanded parking lot, as
the proposed expanded parking lot was not part of the approved 520 site plan.
o Construction on this parking lot never took place.
■ Section 154.106: Conditional Use Permits of the Zoning Code requires that
substantial construction take place within 12 months of the CUP being granted.
City Council Meeting 1011812016 RegularAgenda Item #19
Due to the aforementioned
a new Conditional Use Permit
Amendment is being requested,
• Public and Quasi -Public Open Space Conditional Use Permit Provisions for Places of Worship.
All of these provisions are met except for the provision that the place of worship must be provided
direct access to a public street classified by the Comprehensive Plan as major collector or arterial.
• Surrounding Properties. The property is within the V Addition of Hidden Meadows Plat. Hidden
Meadows 2' Addition, which surrounds the subject property, was granted Preliminary Plat
approval for an Open Space Preservation Development in 2006, and a Final Plat application was
received for the development recently, though deemed incomplete.
• Setbacks. The PF zoning district requires a buffer of 150 feet for a parcel of the subject property's
size. The proposed parking lot is setback more than 190 feet from all property lines, meeting
requirements.
• Off -Street Parking Requirements. The proposed parking lot meets all Off -Street Parking
Requirements set forth in the Zoning Code, exceeding the minimum number of required parking
spaces.
• Current and Proposed Number of Parking Spaces. The current number of parking spaces on the
property exceeds minimum requirements, which are determined based on the number of seats and
classroom/recreation space. However, the church holds a number of events that necessitate more
parking than are currently provided. The table below outlines what currently exists and what is
being proposed.
—7Current Current
Previously
Proposed
Proposed TOTAL
Proposed
# of Minimum
Approved
Addition of
Future Addition
Total # of
Parking Required
Addition
Parking Spaces
of Parking Spaces
Parking
Spaces
of Parking
(not including
Spaces
Spaces
future parking
spaces)
295 130
84
124
232 (will require
527 (will
two more
require two
handicap-
more handicap -
accessible spaces)
accessible
spaces)
Events. Additional parking is needed due in part to church events. The church
holds the following
events throughout the year:
0 Corn Maze —
conducted in the fall for four to six weekends during the afternoon.
• Valley Lights — conducted in November and December, nightly.
• Outdoor Baptism — conducted in the summer of each year on one or two weekends,
• Outdoor Worship Services — conducted in the summer months.
• Community Garden;— conducted in spring, summer, and fall.
• Lighting. Lighting details were not provided but will need to comply with the City' s Lighting, Glare
Control, and Exterior Lighting Standards.
N
City Council Meeting 1011812016 Regular Agenda Item #19
• Landscaping Requirements. The east side of the parking lot is screened by pine and spruce, and the
plan proposes interior parking lot landscaping as well. The plan will need to be updated to clarify
proposed landscaping of the future parking lot area.
• Imperiious Coverage. The proposed parking lot will increase the impervious surface to 27.02%,
and the future parking lot will further increase it to 31.6%. This does not exceed the maximum -
allowed amount of 35%.
• Engineering Comments. The applicant shall address comments provided by the Engineer prior to
issuance of a permit for construction for the parking lot.
• Fire Hydrants. The proposed plans will need to accurately show utilities so that appropriate ire
hydrant locations can be determined. The plans will also need to include "No Parking" and "Fire
Lane" sign locations and approved by the Fire Chief and Building Official,
0 Conditional Use Permit findings are provided in the attached Resolution.
mfflym�
0 The recommended conditions of approval are outlined in the attached Resolution.
FISCAL IMPACT:
Staff does not foresee a fiscal impact by granting this Conditional Use Permit amendment.
PLANNING COMMISSION/PUBLIC HEARING:
A public hearing was held on the proposed Conditional Use Permit at the October 10, 2016 Planning
Commission meeting. The meeting minutes are attached to this report. No one from the public spoke at the
meeting. The Commission recommended approval with an affirmative vote of 6 - 0.
The Council may:
• Approve the Conditional Use Permit amendment request, with recommended conditions of
approval.
• Amend the recommended conditions of approval and approve the Conditional Use Pennit
amendment request.
• Deny the Conditional Use Permit amendment request.
Staff respectfully requests that the Council approve, as recommended by the Planning Commission and
Staff, the request made by Rockpoint Church for a Conditional Use Permit Amendment to allow
construction of an overflow parking lot for the property located at 5825 Kelvin Avenue North, subject to
conditions of approval with the following motion:
11
City Council Meeting 1011812016 Regular Agenda Item #19
"'Move to adopt Resolution 2016-91, granting a Conditional Use Perinit Amendment to allow
construction of an overflow parking lot on the property located at 5825 Kelvin A venue North,
subject to the outlined conditions of approval._"
ATTACHMENTS:
• Resolution 2016-91
• Conditional Use Permit Amendment application and materials
• Engineering & Fire Chief/Building Official Comments
• Resolution 2005-029 — Approval of Original Conditional Use Permit
• Resolution 2011-041 — Approval of Conditional Use Permit Amendment to Allow Overflow
Parking Lot Construction
• Overflow Parking Lot Site Plan Approved in 2011
• Planning Commission meeting minutes (10/ 10/ 16)
0
kmnla IL I , "alk,
I PKIJ ad 11011011 WILT41
A RESOL UTION . PPR0 VING A CONDITIONAL USE PERMIT AMENDMENT TO ALL 0 W
CONSTRUCTION OF AN OVERFLOWPARKING LC? TFOR A CHURCHFOR THE
PROPERTY LOCATED AT 58-25 KEL VINA VENUE NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Rockpoint Church, 5825 Kelvin Avenue North, Lake Elmo, MN 55042,
(the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a
Conditional Use Pen -nit amendment to allow the construction of an overflow parking lot on the
eastern portion of its property located at 5825 Kelvin Avenue North (the "Property"); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154, 102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on October 10, 2016; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated October 18, 2016,
2016; and
WHEREAS, the City Council considered said matter at its October 18, 2016 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
I
1) That the procedures for obtaining said Conditional Use Pennit are found in the Lake
Elmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That the proposed Conditional Use Permit amendment is to allow construction of an
overflow parking lot on the east side of the property.
4) That the Conditional Use Permit amendment is granted for the property legally described
as follows and commonly known as 5825 Kelvin Avenue No
Lot 1, Block 1, Hidden Meadows of Lake Elmo, Washington County. PID #
02.029.21.21,0003.
5) 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 parking of would have no such impact It will accommodate an increase of
attendance at an existing church.
i) The use or developruent conforms to the City of Lake Elmo Comprehensive Plan.
The proposal is consistent with the Comprehensive Plait in that the Property is gUidedfor
PubliclPark use. Places of worship are a conditional use in this district.
7) The use or development is compatible with the existing neighborhood.
The use is compatible with the existing neighborhood, as it is an expansion of, and an
accessory use to, an existing use as a place of worship.
8) The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter.
The use meets most standards Jsir places of worship, exceptjor the standard that direct
access to the church be provided to a public street classified by the Comprehensive Plan as
a major collector or arterial, The church is provided direct access by Kelvin, Avenue North,
which is classified as a local/municipal street and connects to Keats A venue North, which
is classified as a major collector.
9) if the proposed use is in a flood plain management or shoreland area, the proposed use meel
all the specific standards for such use listed in Chapter 150, § 150.250 through 150.257
(Shoteland Regulations) and Chapter 152 (Flood Plain Management).
Theproperty is located outside afloodplain management area.
10) 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.
Theproposedparking lot expansion will be compatible in design to the existingpork-ing
lots and will be adequately se front residential areas.
11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures.
The proposed parking lot expansion will not he hazardous or create a nuisance, as the
parking lot will accommodate an increase in attendance that the existing parking lot does
not.
Resolution 201fa- 91 2
12) 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 is expected to be served adequately ly the aforementioned.
13) 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 is not expected to create additional requirements at public cost or be
detrimental to economic welfire.
14) 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, fames, glare or odors.
Provided conditions are met, the proposed use is not expected to be detrimental.
15) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares.
The proposed parking lot would alleviate ongoing incidents of congestion an nearby streets
during special events and holidays.
16) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. NIA
Based on the foregoing, the Applicant's application for a Conditional Use Permit amendment to
allow for the construction of an overflow parking lot is granted, subject to the following
conditions:
1) The applicant must obtain a permit from the Valley Branch Watershed District prior to the
issuance of a permit for construction and provide a copy of the permit to the City.
2) Lighting will need to comply with Section 150.035: Lighting, Glare Control, and Exterior
Lighting Standards of the City Code,
3) Designation of two additional accessible parking spaces must be shown on the site plan for
when future parking is constructed.
4) The site plan shall be revised to provide safe, handicap accessibility to the existing sidewalk
detailed on the site plan,
5) The future parking area may not be used as parking Until paved with a durable surface
including, but not limited to, hot asphalt, bituminous or concrete.
6) Financial security of 125% of the cost of proposed landscaping shall be required prior to
issuance of permit to ensure performance for at least two years after the installations have
been completed.
7) Landscape plans shall comply with the City irrigation specifications and with water supply
connection detail, and be approved by the City.
8) New landscape plans must be submitted prior to the issuance of a permit for construction of
the future parking lotto ensure compliance with screening requirements on the east side of
the parking lot.
Resolution 2016-91
) Site plans shall be revised and approved by the Fire Chief and Building Official to indicate
appropriate "No Parking" and `Fire Lane" sign locations.
1 l) rater utilities shall be shown on the plans, and fire hydrant locations mist be added in
accordance with the 2015 Minnesota State Fire Code and approved by the Fire Chief and
Building Official. All other items addressed in the email from the Building Official dated
October 4, 2016 shall be addressed.
11) Appropriate watermain and hydrant easements shall be granted.
12) The applicant shall address all comments provided by the Engineer via attached email dated
September 28, 2016.
1 3) The applicant shall amend the site plan to either curb the northern; portion of the parking lot
that is proposed to connect to the future parking lot or eliminate the connection altogether
until the future parking lot is constructed.
14) Construction ofthe proposed parking area and future parking area must be in compliance
with the approved site plan, meeting conditions outlined herein..
1 ) The expiration provisions outlined in Subd, .: Expiration of Section 154. t 06: Conditional
Use Permits apply to the construction of the proposed panting lot. This provision does not
apply to the future parking lot as indicated on the site plan.
Passed and duly adopted this 186 day of October, 2016 by the City Council of the City of Lake
Elmo, o, Minnesota.
Michael Pearson, Mayor
Julie Johnson, City- Clerk
Resolution 2016- 1 4
Jul �52016
L;rtafla Becker
C'ltN Planner
City (if Lake Einic), NIN
Re: CUP Amendment for as ParkinLot 1, paararaicrraRockpoint Church
58-15 Kelvin Ave North
llcllcf_ Elmall,
latrllc`aa inL, are ltcaaaized reaalacrra;tes to required hafOr°rataatlaaaaaal items listed in the -and LJse r lalalicaaticara.
atl Owner: 1 rac tacaltat Church, Contact: nt act: bill llaartollc. 6121w tttt5r 48 ,5
Architect, Richard Statc raaa;an, B'WBR Architects. 65 1-290 "198
t Information
W CCaarrertt zoning: I'll
3) Property History
as l The f'r°calacr N was harmed rtt11 "2006n Construction tion of Rockpoitti Church lxas co -npl t in 2007, and
included cart-sltc paar in for approx. 300 cars.
lr) The property has continued tc: function as as church fiacilitN, since 2007. and gr•a.aLath in dice arttctatlaartcc has
coot ratted to increase. We. thcrcllarc, no%v need to expand our current parking capability in order to
accommodate to the attendance increase. and to keep Lire lath°, 01 II (JUring church actly itle
c f We have met a lth B\VBR architects. who were the cart ira:.tl architects 16r° the constructicata, ofthc
clatttch, to help us alctcrtaalaac ar haat parking capability cr.arrent codes and carditaattaces would aallcaka„
l liroLr h this process. arc haaN e :lctcrtaained that Nye are able to construct Lila tea an aadd tit.aar..al `a'60 parking
stalls, laLat cac arc onlN, seckisaaf to wild aalalarc , additional parkingC11 st,all� at this time �c haaac also raac '
aa,lih liar€lL Becker wind Stcphen Wens aaaan to discuss earn terms plans for the present site. LLhlch
includes as f1.r11L° expanded building and site a eNclaa ament Master Plan, cal'aalalc h the current 1t€trkirtg lest
expansion is as part. In 2ttl 1, Rocicpoint Church received approval for as .' T Amendment lment to lattilll as dirt
parking lot, but the ccatarMIction ofthe dirt parbing lot aaca'ar OCC arred, Ealit Becker informed that,
because our latest plait, lltr the parking last expansion is slgraglicaar•a IN different thaara tlac enact lot approved
in, 201 L %'ve must Jlm,secure, as nev, t`1 `P , niendttient, NNhich this document �arll Serve,
4) Disci-iption of Proposed Use
:al The proposed location fltr the p arl�.irac lcrt expansion is c.'aa t crf.the present chUrch building, t. urgent[%„,
the proposed site is flarYraaccl air d,or fti5 "'. {hear- plan is to orient the parking in as north, south clit°e tic n4,,:.
which the kxest halfLvould be constr°Uded r o%k. The past haalf kvoaticl be constructed in the 11rtLtrif -vlien
the church building is fully expanded. lragre is rind egress from the ne> k paar lnlrt.q. lot xa ill be laa xw, of
cal tlta alrltw'c laatac. ,aca.L e ra tlac lrt°raLrcrLLta, t .c o not ktaat:c i pate Ihaat t lie cons tru do of tile arki ng to
will cause arix a"ti a five, impact it existing ' eflurttals Ol' SL4r`t'OU11tlrtae fz1rn lsatail_ Construction of tlac I"
Rockpoint
,at, 3�.t!tr3ttrrtac ,,.'Eta
phase ol'tlairt master clan park, le-t mill be of crrrtaaanent materials, incl dirig t:orae e e curb and gutter.
asphalt trac:rrt_ site Jiglatiraea and careen restoration,
justification
atio
al We worked -,r itlr BWBRArchitects in the development cat°caarr rraat rztt,r site lalati and prepartition ofthe
parking
irtzt lot expansion. to matter site plan, inclusdve of the traarkin o lot expansion, was based upon. and
in cotaatrliaar ce x6t.i . current codes and ordinances n rced in the C"ity of Lake Elmo. Tg r i te. the
parking last expansion w ill not be cletr°itarerrtaal or endangwr the pul-A it ttcalth. safety, or comfort. The
expansion conforms with the City rt`l ake 1"Imo t"cnnprehellsive Plan. and it is compatiblemith the
existing neighborhood, and is oiil not cicml e the essential elaaraacter ofthat area, Also. the proposed use
c,kill aalecicraatt, IN SerVe tile: PUblic facility and serx ices. Since the parking, lot is sari%ate, it will not cause
arc', to r.e alai to the citN for rnaairatenat c e and upkeep cat` l :c k in A\ e No than was identified an
anticipated %siren the Kell In Ave No Nt as originally ° constructed in "?tttt `. Similarly. the parking lot
expansion will not create more traffic or noise than xkas «ntairatrlly rararia ip ated \khe a the church
construction kas approved ed as a public facility on 20 acres in 2006, Finally. the r<arJl ing lent expansion
will not reSrlt in the destruction ofany natural or scenic feature c i`major° i iportancet
We bare attached ww 2) copies ie ofthe site pltan 'prep ared by BWBR ArWctl iicrc vt', or your init aal rep ie\, , and are
prepared to engage'tlre services of civil engineer to assist in addressing �'Mrr specific requirements,
are in intrr e is e need of this parkini
41ot expansion. and are poised to help in expealrtiaar this process and
.ay we can.
Thank, r czar for wur consideration,
inc;er -[V
E
J ram.
illian J. i rtofi [it
Co -Chair
Rockpoint Church
6l2- t - t
Pate Psceivert t € g t tiyd 7-3900
ReceivW By x... ..d 3800 Laverne Aversie No&
Par it d .�� Lake Elm, NIN 55043
LAND USE APPLICATION
0 Comprehensive Pia . 11 Zomng District Amend 0 Zoning Text Amend Varr *(see below) 0 Zoning Appeal
Corrdstrcrral Use Perrnrt (C.LI R) 0 twlrrcrd Plain C,U P El Wetirr, Use Permit (E U,P 0 ExcavatinglGrading
OLotbneAdjustrnent D Minor CubdMioon Pe rdenlrat Subdivision C etctttCosreept Ptan
PUD Concept Pigs C3 PUD Preliminary Plan EIPUDFinalPlan C1 WrOess Commurrrcatices
Applicant .. t..
Gait dc4rep 4. s�
Pee Ownec
Address...u,.
Phone #...me� �...�.
Email Address: . � ��w.. v ., :. .. e..._ .. . a .:.
Property Location ddrss):.ww d.. .�� .w �.;Ma
)Complete )l ng) Legal Description,
P4tf _w... .... .. _.
Detailed Reason for Request_
. ............. .
...... ... .
. ..... . ..... .. ...... .. .. . ..... .... ....... --------
,Variance Requests As outlined rrr Section 33=.030 C of the Lake Elmo Mcsmapal Code the applicant must demonstrate
practical dsfficulires before a variance can be granted The trtacrrca) drtfresultres reWed to this apphcabon are as follows
In signing tW application, I hereby acknoWedge that d have read and frilly understand the app cable provisions of the Zoning
ordinance and current actrnrnrstrat� krrdc edures I f dm° acknowledge the fee espianation as outlined sir the applicat£ r
procedures d handy agree trr rPi statenre recocervdd the tarty pertaining to additional appl cation; expense.
�poature ofapp'trcartt _.. .: Cate: ., . ... ..w. ._ _.
i nature of fee owner. _ ��t. Cater,.....,
Conditional tion use pennits can he requveted tbr many diterr t ages in all areas of the City which
makes it very difficult to generate at handout that is applicable in all situations. It as strongly
reemnmended that an applicant meet kvstir Stars ,pritar to Putting an application tog th r° to rdaatt si ,.
C0111pone tts fisted herein that naity be exempted, and to identify additional nal information that may
be needed in order to rieern your as plic,'ttion complete,
At a rtt rt tttttttt, the. following,materials must he submitted prior to deeming min tt application
trtttt:
Sul): Rt tttttM
_ completed an use application form signed by all property owners along with
ttt rtt ttt oft e proper Ealing fee,
iv, The proposed use meets all specific is v l pm t standards licr such
use listed in Article 7 coder Zoning Code,
v, Ifthe proposed use is in :a flood plaits aaaaatratgrtactaat or shorrlaaraea
area, the proposed use meets all the specific standards fa+r such use.
°i. The proposed use will be designed, onstructed, operated aaraca
maintained see as to be compaatifbkle in appearance with tile existing
or intended character cif the *fie n raal vicinity and will not change the
essential character ter of thaat area,
vii. 'rhe proposed use will not be hazardous or create as nuisance as
defined in the zoning code to existing or faattaree neighboring
structures,
vili. The proposed use will be served d aateely by essential public
f cifiti s and services, including streets, police and firs protection,
drainage structures, refuse disposal, water and sewer systems and
schools or will be served adequately by such faarifiti s dated services
provided by the persons sons cir as e nc e s responsible for tire
establishment of the proposed use,
is. The proposed use will not create excessive additional requirements
at public cost for public facilitiesand services to °ill not be
detrimental ntaal to the economic welfare twl'the community,
s, The proposed use will not involve uses, activities. far ce,essee:
materials, ewalaail�rtaaeerat and conditions eat. ope.raaticara that will he
detrimental to any persons. property or the general raal welfare because
of excessive production f.. r c. noise, smoke, f ear s, glare: or
odors,
si. Vehicular a afalrreeaachees to the larcrlaeert , where present, will not create
traffic congestion or interfere with tyaffic on surrounding public
thoroughfares,
ii, The proposed use ectll resat result in the destraactsou, loss or daniagc
ofa natural ever scenic t t re ofrntajcyr is lacartaaare c,
Sub: Item:
Verification of ownership as copy cal' a current title: report, purchase agno� t rent
etcj
a 4dress labels. A cserfaeecl list ofprop eray owners leecrttcca within three hundred
fifty l tt.l feet oftlreT SubJe°ct prope:a'tf, c6taazned fa°sure and e:enifieeef by as licensed
abstractor or tfar°ola it'ar lrata t as ('caurty (see attached tiynar a.
Buildingcoverage Public street right of-wa
Driveway and parking Open space and car landsxaped
atr'caa
Pr()p(,)s ' r• attrwrrt of the Perimeter, including Sc teens, Fences, ails,
Landscaping
l.,ocaadon a;ti' atatiaacent Municipal boundaries
Top and tree t. 'blt l s(if aapapafida bl }
Location, dimensions, and number taf`off.street parking spaces (including guest,
handicapped, ed, bicycle, and motorcycle cycle spaces)
Location of' existing and proposed pedestrian sidewalks, Identifypossible
a cl iculrar° corai`licts and indicate the proposed treatment of such
Administrative lrafontaaation:
Scale &North Point l.cpp<il Description
Signature ot'Surveytv s tadisisitni Name (it'applicable)
Date of" Prc aarartic.,ra A',ning Classification
PID Number Parcel Sizc in Acres & Square Fect
Site Address
ss
Sub: m:
Via. Landscape Plan: 'p caa copies t$f as l,aaradscaap e Man depicting the property in
question. Each docunient shall by at of consistent, raw daabk and measurable
enginecring scale, be composed d of she t(s) recut sraaraller" than t 1 sl , and be pane-
iialdcd for distribution, Stab arll assist yOu in determining wh t is required.
I tic l radscaapac plan rcIII aaart he considered t',,,ompalcte unless all regUircd elements
are included,
Extent nd location of"all plant and landscape t6tures, Picase include to
plant material schedule with cariaat ion and botanical mamas, synilsols, sizes,
quantities. and total percentage ntaage o caacla spaecies,
Flower and shrub beds shall be cleaarl shown and drawn rri sc aalcd dimensions,
Actual l plant quatartitics must beshoasn with landscape edge and mulch material
identified.
YOUt" Survey of Sketch pW'i fnwt be iar ee r sh,"m t 1 x d =` W r r' y ve: aSk Vial that tern iatra copes of the plars be m Vie
large faarrrtsaat uric aa;r aatafrikonal twenty tsar he reduced to 11x1 a,
X, 1,t t
A detailed lighting plan insuring that all lighting, eappatraatuses are cicaca,rr shielded
as to ensure such do not slhalaac or create glare on abutting prcll. ril s aarach
surrounding areas (include as spozi c ti ra sheet lrir all tr all fixtures and site plan
fixtures).
Location afutility meters. IJVAC equipment, caaaalts, irrigation boxes,
transformers. and causer natality scrvice r ractiraras (such as conduits, and � ents),
laa,w how this equipment ent will be, screene l sa°a that the visual and acoustic impacts
offfiese liana dons are fully contained n out ofview of the a(tiacent propenies
and public streets.
Stela: t loft
E 8. Utilities & Services Plan- A plan set detailing the existiray,aand proposed utility
systems including saanitaary, sewers. stcartaa sewers. sa aater" aalec trrc, Baas Braes, telephone
one
lines, tire hy.lraa ats. and trash collection areas,
s.
q. Electronic lr of plait set& Staffcan generally Nw.)rk with most file formats (we
would ltrr&r jpg or .pdfMee),
E] M Any, anther information required by city staff" commissioners, or council atlemb rs
necessary to provide s complete of"the ccnidit onaal use request, l frrrmaatiaara
deemed critical to the review process rant listed in this handout may be requested'.
f taaf will list other requirements ents below,
The City taraay require lent" the applicant ruay choose to r;aalaaatitl evidence that is beyond what is
requirein any sec ion outlined lt't this handout. Please be advised that the City reserves the
rihrfat to itaalaaase conditions on an aalrlaro%ad conditional use it`necessaary t$) avoid ai detrimental
impact on surrounding properties or the City as whole,
ll' you haaaN e any questions regarding,these e rec uirerneaats, please call City Hall at (651) ° - ttftll.
Thank You!
+" r5t.3!a`S?.at;,r of ^ropte, we, and other such adfn4ustfafive detailsmay a iso twe 6#'a'trPosed +C#i` err requiring additionaf a4Y o rrwti sB'Y;.
Stephen Wenshian
rom: Jack Griffin <jack.griffin focusengineer nginc.com>
Sent. Wednesday, September 28, 2016 6:31 PM
To: Emily Becker
Cc Stephen Wensman
Subject: Ede.: Rockpoint Church Parking Lot Expansion flans
Emily
I have reviewed the Rock Point Church Parking Lot Plans and have the following comments for your
consideration;
1. The plans must be signed by a Professional Engineer licensed in the state of Minnesota.. No PE signature
black was found on the plans. The plans should be resubmitted with signature:
2. Certificate of Survey: The survey must be revised to show the city watermain utility easements.
. Existing Conditions Plan: The existing conditions Plan must be revised to facilitate a complete review.
* The site utilities (waterma n and storrn sewer) do not appear to be accurately shown as compared
to the record drawings (see attached).
* All easements must be shown on the plans including the city watermain utility easements.
* Existing drainage conditions must extend further to the north to depict the existing drainage
discharge conditions (extend minimum 150 feet from property).
. Erosion Control Plans: Erosion control information needs to be removed from the existing conditions
Klan and placed on the grading plans.
. Site Flan. The plan indicates more than 6,000 SF of new impervious surface is being added.. The
applicant must obtain a VB D pennit for the project. The city should be provided a copy of any
approved permit.
. Stor mwater Management:
* The applicant must execute a Storrawater Maintenance and Easement Agreement in the City's
standard agreement form for the privately owned storm water facilities;
* Pre-treatment should be incorporated into the plans prior to runoff reaching the infiltration basin;
*7. Grading Plan:
* Erosion control information must be shown on the grading plans.
* high waster level (H ) elevation for the proposed infiltration basin must be shown on the
plans. All emergency overflow points must be shown;in BOLD and labeled as EOF.
The HWL must be shown, to be fully contained on the Rock Point Church property.
* Minimum storm sewer pipe size is 15-inch. The stormwater model should be updated along, with
the plans.
g. Landscape flans: 1 did, not review the landscape plans, Sheets LI and. L2.
9. No review was completed in regards to parking requirements, either total stalls or handicap stall
compliance.
Please let me know if you have any questions or require any further review. Thanks -Jack
John (Jack) W. Griffin, P.E:
"rincipal / Sr. Municipal Engineer
FOCUS ENGIN EEI iNG, rNc.
0
551.300.424
On fed, Sep 14, 2016 at 2:52 PM, Emily Becher <E r(iija lnio -- > wrote.
Jack,
Ro lspoint'Church has submitted an application for a CLAP amendment for a parking lot expansion. I have put
the lame plans of the attached along with a Hurd copy of the storm water management ez ent plans in your inbox. Can
you please review when you're able?
Emily Becker
CM- Malincr
C itN, cal La c 11111-a
651-74-7-139 >
c bca kern lakec lnic .o,~ >
. � M
0
From: ichaal B n
To, Emily Becker
Cc: r g lal qrs 2egthen wensmai�
Subject: Rock Point Parking Plan
Date: Tuesday, October 04, 2016 1:53:51 PM
Emily;
Chief Malmquist and have reviewed the parking plan proposed by Rack Point Church, The following
comments should be included with your review:
1. The proposal is incomplete due to the lack of water utilities shown on the plans. Utilities
locations need to be included in order to review and approve fire hydrant spacing per city
requirements:
2. _- All of the drive lanes proposed and existing will need to be shown as `No Parking, Fire lanes'
with required signa e per the 2015 Minnesota State Fire Code.
3. There are handicap parking stalls shown on the proposed parking plans, the accessible route
creeds to be shown from the lot to the building and verified as meeting the 2015 Minnesota
State Accessibility Code.
4� The turn radiuses shown at the islands in the parking area will need verification that they
meet the required turn radiuses as per city standards for emergency vehicles and apparatus
access,
Thanks,
Mike B3
Michael Rent
Building Official
City of Lake Elmo
1-77-51
rrr entt akm org
._'ITY OF LAKE ELMO
WASHTNGTON COUNTY, ES TA
F"To 0 fz��Alswlxvw
WHEREAS, on the 7' day of February, 2005, the Lakewood Evangelical Free
WHEREAS,
of ! # public bearing, the Lake lmo,
recommendedand denial ofConditional Use Permit; and
WHEREAS, -dn the I51n day of March, 2005 and can the I ffi day ofApril, 2005, the
Lake Elmo City Council reviewed the Conditional Use Permit application, the City
Planner's reports and cc rmnent , the Planning Commission recommendation and the
comments of the Applicant and its representatives:
WHEREAS, on the 2 "' day of .April 2005, the City Council completed its review
of the request to approve a Conditional Use Permit.
approvesNOW, THERE -FORE, BE IT RESOLVED, that the Lake Elmo City C6,uncil hereby
e # Permit for a church on saosed Lot 1, Block 1, Deer Glen
for the follolVing reasons because the use is allowed within the PF zording district-, and
subject s •
applicant'sL Construction, at the expense,r 4
intersection of Keats Avenue and defined in the trafficstudy
dated the 15'h day of December, 2004 prepared by Kirriley-Horn and Associates,
Im
e
nVival tm�, �W , �11 01 1111
WHEREAS, the City of Lake Elmo is a unihicipal corporation organized and wdsting
under the laws of the State of Minnesota; and
WHEREAS, Rockpoint Church, 5825 Kelvin Avenue North (the "Applicant") has
submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit
amendment to allow the construction of an overflow parking lot on the eastern portion of its 20
acre property, a copy of which is on file with the City; and
WHERE, AS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.019; and
WHERE AS, the Lake Elmo Planning Commission held;a public hearing on said matter
on August 8, 2011; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Mernorandum dated August 23, 2011; and
WHEREAS, the City Council considered said matter at its August 23, 2011 and
September 20, 2011 meetings.
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
1) That the procedures for obtaining said Conditional Use Permit (CUP) Amendment are
found in the Lake Elmo Zoning Ordinance, Section 154.018.
2) That all the submission requirements of said 154,018 have been met by the Applicant.
3) That the proposed CUP Amendment is to allow the construction of an overflow parking
lot on the eastern portion of the Roc point Church property.
4) That the proposed CUP Amendment will be located on property legally described as
follows and commonly known as 5825 Kelvin Avenue North:
5) That the proposed structure will not negatively affect the health, safety, morals,
convenience, orgerieral welfare of surrounding lands. "lie proper sedparking lot will be
located in a screened portion of the applicant "s site, and will not generate any
additional traf .fic, noise, or other impacts beyond whatpresentky exists on the prqpero.
6) The proposed improvements will not affect traffic or parking conditions. Theproposed
parking lot will provide additional overflow parking in another portion off the site,
alleviating congestion caused by a shortage ofparktrig during holidays, special events,
and other times when parking is at or near capacity. No additional traffiFefroin off -site
will be generatedfiroin the new parking lot. The applicant has agreed to work, with the
OV to develop afrontage road along Highway 36 by granting any easements necessary
to implement such afrontage road system.
7) The proposed improvements will not have an effect on utility or school capacities.
Sanitary sewerfacilities will not beprovided to the parking lot.
8) The proposed improvements would have no effect on property values of surrounding
lands. T'he proposed parkin g lot will not be visible froln surrounding lands and will
accommodate activities already occurring on the site.
,9) The proposed improvements would be consistent with the Comprehensive Plan.
Rockpoint Church is considered a "Place of Worship " andperinitted as a Conditional
Else in the PF Zoning District. Theproperty is guidedfor Public and Semi -Public
Facilities in the Comprehensive Plait.
10) No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net
acre of land based on design capacity of all facilities, whichever is more restrictive. The
proposed parking lot will not result in any increase in, the septicXystent capacity.for the
site.
11) Direct access is provided to a public street classified by the Comprehensive Plan as a
major collector or arterial. Kelvin Avenue North is classified as a local/municipal
street, which connects to mats A venue North, which is classified as a mqIor collector.
Based on the foregoing, the Applicants' application for a Conditional Use Permit Amendment is
granted subject to the following conditions:
I . The applicant must obtain a permit from the Valley Branch Watershed District prior to
construction.
2, The applicant shall agree to grant an easement to the City of Lake Elmo across the
northern portion of Outlot A of Hidden Meadows of Lake Elmo in the location of the
proposed 16" Watermain.
I The applicant shall provide a letter of credit in the amount of 125% of the cost of paving
and landscaping to complete the overflow parking lot. This letter of credit shall be
returned to the Church upon completion of the improvements.
4. The applicant shall provide additional year-round screening with evergreen trees on the
South side of the parking lot to shield the future residential development, which shall be
planted as soon as the parking lot is constructed.
5. The applicant shall provide an erosion control plan, a landscaping plan, as well as specify
the proposed material for the parking lot, per the City Engineer's request,
C. The applicant shall provide a storm water management plan, per the request of the
Planning Commission
Passed and duly adopted this 20"' day of September 2011 by the City Council of the Gi-ty-of-Lake
Elmo, Minnesota.
Johnston, Mayor '
ATTEST:
Bruce Messelt, City Xdministrator
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sure about the legal part of it. Wensman stated that he will find out if it was part of the
City conditions or if it is a private agreement. Williams is asking about the timeline for
making a decision. Wensman stated that they are up against the 60 day timeline. The
City however has the ability to ask for another 60 days. Williams would like more
information about the drainage issue, Dunn said it is always hard to retrofit. She
believes a large portion of this site is in the FEMA flood plain. She thinks it is imperative
that the city be sensitive to water issues and get to the root of the problem an fix it up
front rather than trying to retrofit it. Dunn would like to postpone this item. Williams
would like to postpone until the stormwater drainage system has been constructed
properly.
M/S/P: Williams/Dunn, move to postpone consideration of the Wildflower 2nd addition
Final Plat and PUD plans until the Planning Commission receives a report from the City
Engineer that the stormwater drainage system on the Village Preserve Property and the
Wildflower at Lake Elmo Property has been constructed properly as these 2 properties
were set up as part of the same stormwater drainage system, Vote: 6-0, motion carried
unanimously.
Dunn is wondering if this issue can be expedited and the Planning Commission could
possibly hold an additional meeting to resolve this issue.
Wensman stated that by the next regularly scheduled meeting there should be some
sort of resolution. Kreimer asked if a condition could be put on that no construction
would commence until these issues are resolved. Williams said he would like more
control than that, Once they recommend approval, they are out of the loop.
Public Hearing — Conditional Use Permit Amendment — Rockpoint Church Parking Lot
Wensman started his presentation regarding the Conditional Use Permit for Rockpoint
Church parking lot expansion. They are poposing 124 spaces with a future additional
116 spaces. This property is a PF zone on 19.67 acres. There was a CUP for an
expansion in 2011 that expired. This expansion is much larger. This meets the
provisions for places of worship. One condition staff is suggesting is that there be no
parking in the second phase until it is paved. Wensman stated that they would need a
certificate of zoning compliance when the second phase is built, so they can make sure
it is built to standards. They will need to meet the lighting, landscaping and tree
preservation requirements. They meet the impervious surface requirements and a
VBWD permit will be required. There are also some engineering and fire safety
requirements. Staff feels they meet the 12 findings for approval and is recommending
15 conditions of approval.
Dodson asked about the drainfield and pumphouse and where they were located. They
are out in an outlot. Williams is asking about the landscape plans and why the City
I
contract landscape architect is not required to review them. Williams would like the
condition to say approved by the City.
Public Hearing opened at 9:39 pm
There were no other written or electronic comments received
Public Hearing closed at 9:39 pm
M/S/P: Williams/Dodson, move that all landscape plans be approved by the City prior to
any building permits being issued, Vote.6 -0, motion carried unanimously.
M/S/P: Williams/Lundquist, move to recommend approval of the request for a
conditional use permit amendment to allow a parking lot expansion for the property
located at 5825 Kelvin Avenue N, based on the findings of fact and the conditions as
amended in the staff report, Vote.6 -0, motion carried unanimously.
City Council Updates — October 4, 2016 Meeting
i) OP Ordinance — Passed
ii) Horning Lot Size Variance — Passed
iii) Fence Ordinance Amendment — Solid Wall Fences — Passed
iv) Common Ground IUP — Passed
v) Wasatch Storage Partners CUP - Passed
ME=
1. Upcoming Meetings
a. October 24, 2016
b. November i4, 2Oi6
,Stephen Wensman
From: JOAN ZIERTMAN <ziertman@msn.com>
Sent: Sunday, October 16, 2016 9:11 PM
To: Stephen Wensman; Mike Pearson; Justin Bloyer, Julie Fliffet; Jill Lundgren;
annejsmith@msn.com
Subject: Rock point Church CUP Amendment Item #19
When the church was built, there was a MNDot review (there has been no MNDot review with this
application). The MhDot review in conjunction with the Church being built, changed a full access intersection
to a 3/4 access intersection, We know there will be changing conditions with Highway 36, and the second
36 intersection.
5761 Keats Ave
11
TJ it Cat I"Y OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
CATIO
DATE: 1 tll1 /201
REGULAR
ITEM #: 20
AGENDA TTEM: Conditional Use Pen -nit Request for an additional accessory structure - 5699
Feats Avenue North.
SUBMITTED BYEmily Recker, City Planner
THROUGH .ristina Handt, City Administrator
REVIEWED BY. Stephen Wensman Planning Director
Rodney and Diane Sessing have requested a conditional use permit for an additional accessory
structure for the property located at 5699 Keats Avenue North. The subject property is located in the
Rural Residential zoning district and is 11.57 acres, or 517.057.2 square feet. There currently exists
one 2448 square -foot accessory structure on the property, Per Section 154.4 6: Accessory Structures,
Rural Districts, Subd, A: Size and Number, of the .Zoning Ordinance, the property is allowed up to
two accessory buildings totaling; 2500 square feet. However, the Section also provides that additional
accessory buildings may be considered in A and RR zones via a conditional use permit. The
applicant is requesting a conditional use permit for an additional 2400 square -foot accessory
structure.
The Council is respectfully requested to consider a request for a Conditional Use ]Permit for an
additional accessory structure for the property located at 5699 .eats Avenue North; zoned Rural
Residential.
Proposal Details:
• According to the applicant, the subject property was part of a larger parcel on which a family fann
operated since at bast 1972, The applicant's property and neighboring property at 5671 beats
Avenue were split from this farm in 1989.
• According to the applicant, the property is being used for agricultural purposes, and the applicant
claims that additional storage is needed for that purpose.
City Council Meeting 1011812016 Regular ABend a Item #20
• The narrative explains there are six 650-foot rows of raspberries, pumpkins, squash, and
vegetables,
• The property's tax description classifies the use as Agricultural,
• The applicant expresses desire to expand the farm, and the additional accessory structure
is being requested in order to accommodate more storage for additional equipment and
tl�
produce, as well as a place to house the addition of chickens and milking goats.
Planning and Zoning Issues:
Rural District Accessmy Building Size and Number Restrictions. The Zoning Code restricts
the number and size of permitted accessory structures in rural zoning districts based on the
size of the property, The following table details what is permitted:
Maximum Structure Sizeil
No. of
Lot Size
(square feet)
Permitted Btdgs
ynder 1 acre
1,200b
I
1 - 2 acres
1,200
1
2 - 5 acres
1,300
1
5 - 10 acres
2,000
2
10 - 15 acres
2,500
2
15 - 20 acres
3,000
2
20 - 40 acres
4,000
2
EUnreEgutatedlc
40+ acres
Unregutatedc
u
o Because the subject property is located in a rural zoning district and is 11 .87 acres in
size, it is allowed up to 2 accessory structures totaling 2500 square feet in size.
• Additional Accessory Buildings. The Code also states that allowances for additional
accessory buildings in A and RR zones may be considered via conditional use permit for
agricultural purposes. This request is being processed as such, This provision of the Zoning
Code was added to an accessory structure ordinance amendment approved in 2014.
Previously, similar requests have been processed as variances.
• Existing Storage, The property currently has one detached accessory structure, as mentioned,
that is 2448 square feet in size. Additionally, according to the applicant, there are two
attached garages that are 22 feet by 22 feet and 18 feet by 3 6 feet in size, totaling 1,132 square
feet. Attached garages are not considered accessory structures, and so are not regulated in the
accessory structure ordinance for a property of this size. The applicant has told Staffthat
personal vehicles are stored in these attached garages.
• Permitted Uses in Rural Residential Zoning District. The following are permitted uses in the
Rural Residential Zoning District: single-family detached dwelling; parks and open areas;
and agricultural production. The Zoning Code defines agricultural production as
"establishments engaged in the production of crops, plants or vines, including agro forestry,
or establishments which are engaged in the keeping, grazing, or feeding of livestock for sale,
I
value increase, or livestock increase." The applicant proposes to construct the additional
accessory building to store equipment, produce and live animals related to a farming
operation. As such, the proposed use is permitted. The conditional use of an accessory
City Council Meeting 1011812016 Regular Agenda Item #20
structure in addition to what would normally be allowed on a property for agricultural use is
appropriate in this circumstance with farnring use.
• Other Zoning Requirements.for Accessory Buildings. The proposed location of the accessory
structure will far exceed all minimum required setbacks from property lines. The structure
will need to meet all other requirements for accessory structures.
• Surrounding Lots. The property to the east is currently being fanned, although a Final Plat
application is expected, and if approved, an Open Space Preservation Development will exist
on the property. A Residential Estate Development is located to the west of the property.
o The applicant has also noted a number of surrounding parcels on which he perceived
comparable accessory structures are located:
• The property to the north of the subject parcel also engages in tanning
operations and was granted a variance from the size and number restrictions
on accessory structures in 2011. This parcel is similar in size to the subject
parcel.
• A 2400 square -foot barn exists on the 6.5 acre parcel to the south of the
subject property, which would not be allowed without a special permit or
variance today,
• A property to the southwest of the subject parcel is around five acres in size
and has a 2160 square foot barn; which also would not be allowed today
without a special permit or variance.
• Additionally, a property to the northwest of the parcel was granted a valiance
to re -construct a 3800 square -foot accessory structure in the flood lain that
did not meet maximum size requirements.
• Development Standards. The Zoning Code states that additional accessory structures are
allowed in the A — Agricultural and RR — Rural Residential zoning districts but does not
provide any specific development standards to adhere to. As such, Staff does have concern
that there are a number of properties that may make this same request. A map has been
Residential and are under 40 acres and so are subeet to assessor structure size audnumqer
Limitations, these properties could all potentially apply for a conditional use permit for an
additional accessory structure.
0 Conditional Use Pennit findings are provided in the attached Resolution,
0 The recommended conditions of approval are outlined in the attached Resolution.
FISCAL IMPACT:
Staff does not foresee a fiscal impact by granting this Conditional Use Permit.
A public hearing was held on the proposed Conditional Use Pen -nit at the October 10, 2016 Planning
Commission meeting. The meeting minutes are attached to this report. No one from the public spoke at the
meeting. The applicant spoke, describing agricultural operations on the site and expressing the desire for
City Council Meeting 1011812016 Regular Agenda Item #20
the building to not have to come down if the agricultural use goes away. The Commission recornmended
V-pLo—yal with an affirmative vote of 6 - 0.
The Council may:
• Approve the Conditional Use Permit request and recommended conditions of approval,
• Amend the recommended conditions of approval and approve the Conditional Use Permit request.
• Deny the Conditional Use Pennit amendment request.
0=01
Staff respectfully requests that the Council approve, as recommended by the Planning Commission and
Staff, the request made by Rod and Diane Sessing for a Conditional Use Permit to allow an additional
accessory structure for the property located at 5699 Keats Avenue North, subject to outlined conditions of
approval with the following motion:
��ve to 0��PtResolution 2016- granting a Cand al Use Permitfor an additional
Keats Avenue North, su�ject to the outlined conditions of approvat
ATTALCHLIENI�;
• Resolution 2016-092
• Application Form and, Project Narrative
• Location Map
• Properties Zoned Agricultural or Rural Residential <40 Acres, subject to accessory structure size
and number limitations
• Planning Commission meeting minutes (10/ 10/ 16)
0
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
11 A
NORM
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Rod and Diane Sessing, 5699 Keats Avenue North, Lake Elmo, MN 55042,
(the "Applicant') has submitted an application to the City of Lake Elmo (the "City") for a
Conditional Use Permit to allow an additional accessory structure at the property located at 5699
Keats Avenue North (the "Property"); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHER-EAS, the Lake Elmo Planning Commission held a public hearing on said matter
on October 10, 2016; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part ofa Staff Memorandum dated October 18, 2016,
2016; and
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That Subd. B of Section 154.406: Accessory Structures, Rural Districts, provides that
additional accessory buildings may be considered in Agricultural and Rural Residential
zones via a conditional use permit.
Resolution 2016-092
4) That the proposed Conditional Use Permit is to allow an additional accessory structure in
a Rural Residential zoning district, at the property located at 5699 Keats Avenue North.
5) That the Conditional Use Permit amendment is granted for the property legally described
as follows and commonly known as 5699 Keats Avenue North:
PT NWI/4 BEING THE S 1125FT OF THE W I I OOFT OF SD NWIA OF SEC 2 EXCEPT
THE W 660FT OF THE S 825FT THEREOF-SUBJ TO SUBJ TO EASE OVER W 33FT
FOR KEAT S AVE EXCEPT: THE SOUTH 400 FEET OF THE EAST 440 FEET OF THE
WEST 1100 FEET OF THE NWI/4 OF SEC 2 Section 02 Township 029 Range 021. PID#:
02.029.21.23.0003
6) 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 would not make a major impact on the property. The proposed accessory
structure would be located in an area that is of lower grade than the rest of the property
and is mostly screened from viewfrom the street and u4jacentproperties.
7) The use or development conforms to the City of Lake Elmo Comprehensive Plan.
Theproposal is consistent with the Comprehensive Plan in that the property is guidedfor
Rural Area Development. The Comprehensive Plait proclaims that "existing operating
agricultural uses and qualifting alternative uses thatpreserve the open space within the
community shall be supported. These uses shall be encouraged to continue operations and
to retain large land holdings that contribute to operating ef icien v ... t1e Ciy shall �/' q 1 " It
affirmatively establish and pursue specific strategies and seek- resources to assist existing
agricultural uses in remaining a viable alternative to urbanization for landowners,
consistent with the concept of "a right ter farot. ""
8) The use or development is compatible with the existing neighborhood.
The use is compatible with the existing neighborhood, as similar accessory structures exist
on some surrounding properties TThe additional accessory structure is not expected to
make a significant impact on theproperty.
9) The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter.
There are no specific development standards fair additional accessory structures listed in
Article 7 of this Chapter. However, Article 5, Section 154.213 setsforth standards fry
Accessmy Buildings and Structures, Generally. Provided conditions are met, the porposed
accessary structure ineets these standards.
10) 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 Chapter 150, § 150.250 through 150.257
(Shoreland Regulations) and Chapter 152 (Flood Plain Management).
The property is located in an area of minimal load hazard.
11) 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.
Resolution 2016-092
The use of an additional accessoty structure is not eVected to change the essential
character of the area, as the area surrounding the Applicant's property has historically
been usedfir activefarining, and the proposed building will be located in such a manner
that it will not be directly blefron, surrounding properties. Additionally, Jartnerfarm
sites with Inultiple accessory buildings are not uncommon in this area.
12) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures.
The proposedparking lot expansion will not be hazardous or create a nuisance, as the
parking lot will accounnodate an increase in attendance that the existingpark-ing lot does
not.
13) 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 accessory structure is claimed to be needed to store equipment, produce, and
animals. ffused as proposed, the additional accessory structure would reduce exterior
storage of equipment on the property, possibly reducing a perceived nuisance.
14) 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 is expected to be served adequately by the aforementioned.
15) The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, Property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
The proposed use is not ewpected to create additional requirements atpublic cost or be
detrimental to econontic rveffiare.
16) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares.
The proposed use will likely create not create traffic congestion or interfere frith traffic on
surrounding public thoroughfares, provided conditions are met.
17) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. NIA
Based on the foregoing, the Applicant's application for a Conditional Use Permit to allow an
additional 2400 square -foot accessory structure on the property located at 5699 Keats Avenue
North is granted, subject to the following conditions:
1) The accessory structure must obtain all applicable pen -nits, including a Valley Branch
Watershed District permit if applicable, building permit, and grading permit if moving more
than 50 cubic yards of material per acre.
2 The proposed structure shall not adversely affect drainage or cause excessive storznwater
runoff to neighboring properties.
3) The accessary structure must comply with all either building, zoning and City requirements
before a building permit is issued.
4) The accessory structure must not be used for storage of hazardous materials.
5) If applicable, the property must be in compliance with all Minnesota Pollution Control
Agency requirements.
h) Agricultural Sales Business operations are not permitted on the property unless an Interim
Use Permit is obtained for such a use.
7) The property must comply with all standards of Chapter 95: Animals and. Chapter 9 :
.Nuisances, of the Zoning Code,.
S) The property must maintain existing screening provided by trees on the west and south sides
of the property.
) All farm equipment must be stored inside after use. Exterior storage shall be kept at a
minimum. Exterior storage or inoperable equipment is not allowed.
10) The use of the proposed additional accessory structure shall be restricted to agricultural
activities only. It must not be used for storage of personal automobiles, home -based business
activity, or either non-agricultural; equipment.
11) Agricultural production must be maintained on the property, The property shall be subject to
at least an annual inspection.
12) The Conditional Use Permit shall become invalid if the property subdivides or is rezoned to
higher -density zoning classification:
Passed and daily adopted this I San day of October, 2016 by the City Council of the City of Lake
Elmo, Minnesota..
Michael Pearson, Mayor
Julie Johnson, City Clerk
Resolution 2016-092 4
Date Received:—Ad;r� �,
Received By: --LILLL-4 L�"L' /—
Permit #:
A THE CrIA, (W 651,747-39oo
ZNKE ELMO 3 .00 Laverne Avenue North
Lake Elmo, MN 55042
Comprehensive Plan 0 Zoning District Amend 1:1 Zoning Text Amend X Variance'(see below) 0 Zoning Appeal
Conditional Use Permit (C.U.P.) El Flood Plain C.U,P. El Interim Use Permit (l.U.P.) 0 Excavating/Grading
Lot Line Adjustment 0 Minor Subdivision El Residential Subdivision Sketch/Concept Plan
PUD Concept Plan [I PUD Preliminary Plan ED PUD Final Plan El Wireless Communications
Applicant:
Fee Owner.,
Address:
Phone #
Email Address:
-variance Reouest As ji
"W0101* r g tip t j6jJ&'"—'
FEMW
5699 keats Ave, North Variance Application Information:
Written Statements:
A. Owners: Rod and Diane Sessing
B. Legal Discription: Section 02 Township 029 Range 021 PT NW Y4BEING THE 5 1125FT OF
THE W 110OFT OFSD NW1/4 OF SEC 2 EXCEPT THE W 660FT OF THE S 825FT THEREOF-
SUBJ TO SUBJ TO EASE OVER W 33FT FOR KEATS AVE EXCEPT:THE SOUTH 400 FEET OF
THE EAST 440FEET OF THE WEST 1100FEETOF THE NW1/40F SEC 2
Parcel ID# 01029.21.210003
Parcel Size, 11.5 Acres or 497,375 square feet,
Existing use of land: Residential/ Agricultural(Tax Class will be agriculturals as we mee
the state statute Requirements)
Current Zoning: Rural Residential
C. The Provisions of the code that we seek a variance from is 154.092 Accessory Building
and Structures
D. We are asking to build an additional 2400 squar ootbuildin bu'�itutour pro ' rty (see Site
sq
Plan). In our zoning district, we are all owed K2500 uare fong, wh ch we
currently have 2448 square foot,
E; I would like to speak to the practical difficulties of the new variance standards,
1. Is the variance consistent with the comp plan? Yes Very Much so, Our 2030 comp
plan states this: " The following general planning and development policies will
guide development in a manner that will allow reasonable growth to take place,
while preserving and enhancing the Rural Character and features of Lake Elmo that
make the city a unique and desirable community," The comp plan further talks
about agricultural preservation. "in keeping with the general policies enumberated
above, existing operating agricultural uses and qualifying alternative uses that
preserve the open space within the community shall be supported. These uses shall
be encouraged to continue operations and to retain large land holdings that
contribute to operating efficiency. In keeping with the general policies enumerated
above, the city shall affirmatively establish and pursue specific strategies and seek
resources to assist existing agricultural uses in remaining available alternative to
urbanization for landowners, consistent with the concept of right to farm. The
provision of municipal infrastructure and services to the areas of the city where
operating agriculture exists shall not be in a manner that results in an economic or
operational disincentive to continue agricultural use of the land," In summary, the
Comp plan requires the city to help us keep our farm viable which this new building
will do.
2. Does the proposal put the property to use in a reasonable manner? Yes. This is a
reasonable use of our property, Farming it is an allowed use in Rural Residential. It is
logical that an agricultural use would need a building to store farm equipment and
produce and also animals, Every property in RR is allowed a certain size of building
for personal property whether they farm or not. It only makes sense that if someone
farms and is allowed to farm by the city code and is classified as agricultural by the
county, they should be allowed to have an agricultural building. By state statute, we
do meet the criteria of agriculture and we are taxed as Agricultural for our land, The
zoning in the city is somewhat random and there are properties zoned RR that
should be Ag based on size and AG properties that should be zoned RR based on
size. If we took at the future zoning map for our part of the city, all the property
whether it is currently AG or RR is all RAD and there was even talk of combining AG
and RR into one zoning for performance zoning, I think in our situation it is
reasonable to base this decision on the use of our property and not the zone, Also
since the city has already allowed my neighbor with 10.7 acres of land to be allowed
an extra agricultural building of 2400 square feet, with less acreage than I have for
our land of 11.5 acres, so the rule has been made once already, and at that city
council meeting that approve the variance for the Ziertman's, I said I would be back
asking for the same rights the council gave the Ziertman's, which would only be fair
to all people.
I had slowed down in in agricultural produce due to Chuck Dillerud saying you
cannot have retail sales on residential property, So when that happened I slowed
down on the planting of produce and only sold wholesale since then,
1 Will the variance if granted after the essential character of the neighborhood? No.
The proposed building will not be seen from Keats Ave. there is an extensive tree
fine to the north as well as the neighbors own additional agricultural building will
screen from their view from their house. There are other parcels around us that
either have more or larger buildings than this size because the existing buildings
were not required to be taken down as the properties go sub -divided, This is a rural
portion of our city and people expect to see barns and buildings,
4. Are their unique circumstances to the property? Our farm has been around for a
long time and is a unique part of the community, It was a part of a larger family farm
that was also a pumpkin farm starting in 1972. Without this building we cannot
continue with the farm and expand our produce and add animals to our farm. We
are an integral part of the community and according to the comp plan, the City
needs to assist us in remaining viable, especially since the city has already approved
one of these buildings on less acreage, which is allowing us the tools by adding the
this building to allow us to store more agricultural equipment inside of it instead of
outside and also store produce in it so it does not freeze and also allow us to add
chicken's and goats to our farm.
In addition to the points already made, I would like to make a few more. I would point
out that the city has already allowed this to happen on the property that ties to the
north of us, who has less acreage than we have. Another point is that currently AG
parcels of 40 acres or more can have a 20,000 square foot building in addition to
unlimited AG buildings, That would equate to a 5000 square foot building on 10 acres
without the unlimited AG buildings, This is less than 1% of the total square footage of
our property and is pretty insignificant,
The character of the neighborhood will not be affected as there are many other lots
under 40 acres that have more than the currently allowed size or amount of buildings.
We are in the rural part of the city and to the north of us all the way to highway 36 will
continue to be open space along with the Ziertman's 10 acre parcel which already has
an additional AG building on their property which the city approved in 2011 with the
RockPoint Church behind us.
I would like to mention that all of our produce is grown on site, Therefore we have a lot
of equipment and I need more to accommodate our need, Plus we need this to house
chickens which we are adding and also milking goats. In the fall our produce needs to be
stored inside so it does not freeze along with giving the animals shelter from the cold
and also storage of additional equipment,
The State spends a lot oftax dollars every year for the department of agriculture and
Minnesota Grown, which we do, and this helps to ensure that the small farm like ours
remain viable. Buy local is Huge!! We help to make Lake Elmo Unique and this
contributes to our community. We have donated produce to many charity organizations
over the years.
We would like to be able to preserve our farm to be able to pay it forward to our
community. I think our situation is an example of why cities and city officials and league
of Minnesota cities fought so hard to get the variance standards changed. So that the
cities have a much greater say in what is acceptable outside the big box code that is not
a one size fits all,
Thank you
Rodney and Diane Sessing
4- / Z -
I
Diane and I have enjoyed our farm in planting pumpkins and gourds and squash since we started
in 1997. Once we moved • to our property from the • Ziertrnan farm located on highway 36
and Keats. Our land is an off shoot of the ori-inal farmst ea d
raspberry plants to our products, Now we want to expand our products by adding Chickens and Milking
goats, along with more pumpkins and squash and gourds also and organic vegetables, we just need
more storage of equipment for this process and We also need to have shelter for the animals thru the
winter to keep them warm and safe. We will usego-r-t441te e
I
The City of Lake Elmo gave the Ziertman's which has 103 acres of land the opportunity to have
an additional 2400 square foot building to house their equipment. Now I am asking for the same
opportunity that you gave the Ziertman's a few years ago, we own 11.5 acres of land. I believe this
should be very easy to justify since our properties are very similar coming off of the same original farm
stead although we have .8 acres more than the Ziertman's. Now that I have more time I want the same
opportunity to increase our production to make it more viable for us to proceed with our farming
business,
5699 Keats Ave. North
Lake Elmo, MN 55042
612-91... 4792
• Y`
CITY-WIDE PLANNING POLICOY
'N oJn eneral irti w and d'4 d
7Wlie fc.• � _� general plai i �� �•�.. r� „�
c•• ` l pi"ii lif p +xa�.4CJ t'+71 . guide 4.ic. •"—t :n rt In
manner t1liat will allow reasonable rC3 t-1 10 take place, L, iiilc Dreservulg and enhancing
the rizal character a.rd features bf,I a.ke 'Elm that zr_•ake the 6i a unique ,and desirable
Community:
1. Develop land use and infrastrUCIM--re planes carresponding to the 2030
Population forecast f ?4,000 in the 2030 Rtegi r l D velo-cmerz
Frameik,ork.
Encourage :h,majority of the ties;• households created in areas'north ut`
I 'h Street North. and outside of the Village, z,-a tq f cicntl
developed in a rural context ill the form of Open paces I�ec elripri err
cluster neighborhoods,
3. Guide ties.° cordriunity oN-N-t i i It epir:g ivi li tl d geo4raphi
assignments and d-c_-nmial household, Poprtulation. an' ei ployrain to Mess
established by the Memorandum, of UnderstandrnL, ernered into by the City:
and. rho N'letropolhan Cow, icil in January 005,
L,irriit `,letTopolita i Urban Serv=ce Area ( IUS—A) expansion to the are. -
that can be served frtinr the Regional 'Wasttvvater Interceptors sp"ified in
the wastewater vol es specified by t1ie aforementioned Memorandum of
Understanding, a d sta ed ��.3' � ,� G't5L�.�e:
.i v,+tri ..f C'1`S` a, --€fir
t ,ging Flail_.
Adool a NIUSA expansion sion development Stag4ing, L' a:; SZae e thao V"°l
d
lirwit total annual City l'tt":Lsuhold "ria:d tmployineli., gxrov, .h _o a :is:isa. nux.
and sc le that rein ins sustainable in the wore t ofarovidinag ri1uniclina
ll
ilen'ices,'infrPstructure and local go-v-e'r?^I ea: fiscal ':,5pt" nsib_n,-,
Agricultural Preservation
In keeping viCr, the general policies trituntrated above, exis.iri ,:) rating agricukural
rises and qualifvirig abernative Uses that preserve tsie cape a spat = Nvi h17 Lie �^vr-r'r stirIit'
shall be supported. These rises sld1be encouraged to. continue Operations and io reta,t
large land holdings that coiIt.T`toL:te 10 oprating effi iencv,
In keeping Vith the policies olicies errar erdted above_ the Ch slha.l art? atzvw%
u
establish and pursue specific strategies and seek resources to a..ils`, e,,dsting agricultural
use, in remaining a viable alternative to urbawli ation for lands"s} ?er , consistent s7StenZ Nviti use
concept of "a ri=fit to c " The provision Of Tu inicipa, infrastructure axc. Se: vices to
areas of the Cite where op rating a r:tilttirc exists saall not be in a rialr er that results in
air economic Or operational disincentive :o continue agricultnral, use of the land.
Residential Development
All residential unit -td l be designed, sited. and constructed to conserve e:cri v in
lighting, codling. and., heating processes; �N
The primary style of residential dr.,,,,eilirg unh rN thin RED, REED, R®'021, a rd IiC land
U R
Ac;cessory Buildinar Variance — 5761 Keats Avenue
The City Council considered a variance required from Steve and Joan Ziert an, 5761
Keats -avenue, to allow the constniction of a second 2,400 sq. t~ accessory building can
their property, The proposed building would be used to house equipment related to the
growing and selling ofagricultural products. A variance has been requester because the
applicants already have built a 2,3 10 sq.ft.. building on their property, and the RR Rural
Residential Zoning District only allows one such accessory building on their property.
The Planning Commission recommended approval of the variance request with two
conditions of approval -
Rod Se sing, 5699 Feats Avenue, stated its property is Bart ofthe Zi rtmaai_farm. He has
grown,' pumpkins since 1997 and plans on getting back into tan-ning. He said he had to
cut back because of storage problems.., had equipment in the building and sitting
outside, He would life the Council to open to all property owners with 10.7 acres the
ability to construct an additional accessory building.
Doug I ovitt , 9940 59`k' St. Court 1 ., has a small produce farm and sees the need for
more barn space;
MOTION:7?,k
l Ieiii ei-Sittitliiiiot, >tltotrtloplRevciltitioliNiirriheir2011-f1?Rc.atrltttit rtg cr atit~ tr2t ctt crllo tltcIclt rt.ti'tr tcctit rirai'crrrc* c ?. (Jtlsc{.fa. 1ccc; .,°car°a>>building tats Aventte tit ti lclitt"on to tint c yi ting `?,310 sq.,7i, b ilding in ca RuralRc,, icteiitiDi.vti-ict. ojuteil llfember Por-lsecontled t%e� matron. Thentotion
Ini.���ed 3-1 r�lcmber' rEntif ono and Pear,sol, voti ig against.
-MOTION:Ct�tvit5f11tTcjtttlacr Frrrrrtra t� rrtcra>iclttr tli cct strt,�f'tt� tirt'tl tlt€ rra°itxaa° ttf'tlr�>
ortlitittitce relative to this question at it ivoi-4-s ola lbir rior iti,:attort on the Plctnnin
tarttttti..s itrrt as err°1cTticrri. Council iWeinher Pearson seconded the motion, 77je rtt rtioll
lrttsse(l -0
The City Council received an update on efforts to address issues related to water set -vice
to the t ildcvood Lodge. Lake Elmo staff met with the W ldwood Lodge staffto discuss
the history of billing and review of the infrastructure and water meters, Cathy Bendel,
C J Consulting, provided additional information which the Wildwood Lodge staff
requested more time for review. A_decision on hotel/motel water rates will be added to
the next City Council agenda;
C1�adate Re Ltbrary Stvicc Con;ideratiort
This item was scheduled at the request of the City Council in carder to update the Council
and public on efforts to retain and enhance library services for the Lake Elmo
community. Administrator M sselt reported that all four boutique libraries will most
likely close by January. 2012, Attorney Snyder addressed questions regarding the City
establishing their own library and authorizing a library levy.
LAKE ELMO CITY COUNCIL MINUTES JULY 1 , 201 l
T14 e pas t1tler:t of Property Rto1-cls
col—inty Lind Taxpayer Services
14949 62, Street North PO Brix 200
Stillwater, wits 55032-0200
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Taxpayer: Rt DNEY N & DIANE t_ SESSING 001726
5699 KEATS AVE N
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Section 02 Township 029 Range 021 PT N6` I/4
BEING THE S 1125FT OF THEW 110OFr OF SO
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PROPERTY TAX S ATEIVI NT
First halt taxes clue May 15
r. Second half taxes due November 16
Tax Detail for Your Property,
`faxes Payable Year. C I5
1. atnr�,„gt onf'rrr1T1 ;ti i i' to • sce it razz are odic rur
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c.�Credits that reduce property taxes
A. Agricultural market value credit
$363,20
$362.60
5 Property taxes after credits
B. Other Credits
$0R
$4,177.85
$0.00
$4,132.20
6. WASHINGTON COUNTY
A. County General
$1,181.15
$1,183,20
B. County Regional Rail Authority
$9.05
$10.52
7. CITY OF LAKE ELMO
$1,015,05
$982.65
8, State General Tax
$0.00
$0,00
9. ISO 834 STILLWATER
A. Voter approved levies
$630.2
$663.29
10; Special Taxing Districts
B. Other Local Levies
A. Metropolitan Council
$1,084A7
$40,2
$1,018,23
$39.60
S. Metropolitan Council Transit
$57.85
$58,35
C. Metropolitan Mosquito Control
$20 89
$20,71
D, Valley Branch Watershed
$72:54
$74,85
E. County HRA
$%38
$64.97
Line 13 Special Assessment detail:
2013 KEATS STREET tM R9VErIE4T 462,40jl�2,
1'..: Non -school voter a 2013KEATSVATERIMPROVEMEte 391,40 pp
wouNrr vlRonE,,A clvacEFxEra Totalprtertytaxbef
13, Special assessments
Principal 633,00 14. TOTAL PROPERTY
Interest. 228,80
TO AVOID PENALTY PAY ON OR BEFORE: November 15
i uperty CD: 0 .029.21.2 .0003 Bill#: 512663
1xpeyer:
. DNEY N & DIANE t_ SESSIN
5699 KEATS AVE i
LAKE ELMO MN 55042-8509
ad referenda levies $16,30 $15,83
Special assessments $4,177,85 $4,132,20
$888A 8 9:80
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I
5699 Keats Avenue North Location i'
Properties Eligible for Conditional Use Permits for Additional Accessary Structures
'lumber o
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aac, bldg permitted up to
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infringing on the Krueger property. She would like the landscaping looked at more
closely. Wensman said he will follow up with the City Engineer to see if it isn't
functioning properly.
Dodson had a question on the CIC agreement. Wensman stated that this new property
needs to be incorporated into the agreement,
Williams asked if this development met the street naming ordinance. Wensman stated
that it would meet the current ordinance,
M/S/PDonn/Williams, move to postpone consideration of the final plat and PUD
development plans for the Wildflower at Lake Elmo 2n" Addition upon the Completion of
the next agenda item, Vote- motion carried, with Dodson voting no.
Public Hearing — Conditional Use Permit — 5699 Keats Ave � Additional Accessory
Building in RR Zoning
R
I
J Dodson is wondering if they need a finding stating why they need a conditional use
permit. Wensman stated that there really aren't standards so he thinks it would be
based on implied need, but it is not really provided.
Kreimer asked if there were standards that it has to be compatible with the house.
Weii-smah referr&-it* thet c*44 &Air acctss#ry*W-PMrs hwee t* *M,,#1atB0t with the
principle structure, but pole buildings are an exception to that rule,
Rod Sessing, 5699 Keats Ave, is asking for a conditional use permit to store his
agricultural equipment inside as it deteriorates 10 times faster sitting outside. They
would like to expand their farm to have organic chickens and eggs as well as milking
goats. It bothers him that they talk about tearing down a building. When the variance
went through for his neighbor, a tear down clause was talked about, but it was not
approved that way. He would like the tear down clause to be removed. He agrees that
it will only be used for AG, but to tear down a perfectly good building later on, doesn't
make sense. Sessing stated that drainage is not going to be an issue as water flows to
the south and there is a pond to the south to collect water.
Public Hearing opened at 8:35 pm
There were no other written or electronic comments received
Public Hearing closed at 8:35 pm
Dodson asked for more clarification regarding the drainage issue. Wensman stated it
was just a concern that this building might increase the water drainage to the area. This
would be addressed through the building permit process if there were any issues.
Dunn agrees with not needing the home occupation part in there and also with not
tearing it down. Weissman stated that the Ziertman's building was obtained through
the variance process and variances run with the land. Therefore, there was no condition
placed on the building to be torn down. A CUP runs with the land, but they can expire if
conditions are not met. If you want to take out that clause, you would need to strike
the condition that it only be used for agricultural purposes and they could use it for
whatever they wanted.
Fields does not feet that the condition should be struck. The request is for an additional
building for an agricultural purpose and that is what it needs to be Used for. If the
agricu Ural use.joes aw �1 + 1"..s. a. -Ad4wj6awg�-
use. Dunn and Lundquist agreed.
P-. Williams/Lundqui5t, move to recommend approval of the request for a
conditional use permit for an additional accessory structure in the RR — Rural zoning
district for the property located at 5699 Keats Avenue N, subject to the amended
conditions of approval, Vote,* 6-0, motion carried unanimously.
Public Hearing closed at: pm
M/S/P: /, move to recommend approval of the final plat and PUD development plans for
the Wildflower at Lake Elmo 2nd Addtlon based on the finding of fact in the staff report,
Vote: -, motion carried unanimously.
Public Hearing— Conditional Use Permit Amendment — Rockpoint Church Parking Lot
Wensman started his presentation
Public Hearing opened at: pm
There were no other written or electronic comments received
Public Hearing closed at: pin
M/S/P: /, move to, Vote: -, motion carried unanimously.
City Council Updates — October 4, 2016 Meeting
i) OP Ordinance — Passed
ii) Horning Lot Size Variance — Passed
iii) Fence Ordinance Amendment — Solid Wall Fences — Passed
iv) Common Ground IUP — Passed
v) Wasatch Storage Partners CUP - Passed
=3=
1. Upcoming Meetings
a. October 24, 2016
b. November!4,2016
ytir-, crry OF
LAKE ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/ 18/2016
Regular
ITEM #:21
ACE NDAITEM: Jurisdictional Review of City of Stillwater Comprehensive Plan Amendment
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Kristina Handt, City Administrator
Jack Griffin, City Engineer
The City of Stillwater has requested that the City of Lake Elmo comment on a proposed comprehensiv
plan amendment for the City of Stillwater as part of the required jurisdictional and agency review, in
summary Hy-Vee is hoping to develop a 17.9 acre parcel located at the northeast quadrant of the
intersection of State Highway 36 and County Road 15 (Manning Avenue). The site is the former locat!
of Bergmann Greenhouse. in order to develop, Hy-Vee is requesting a comprehensive plan amendmer
to change the guidance from Research and Development to Commercial. I
ISSUE BEFORE COUNCIL:
To provide comments on the proposed comprehensive plan amendment prior to the November 21,
2016 60 day review deadline,
PROPOSAL DETAILS/ANALYSIS:
Staff has reviewed the proposed comprehensive plan amendment and has identified the following
concerns:
The future interchange at State Highway 36 and County Road 15 has only been coriceptualm
designed. The Hy-yee project may result in the elimination of other viable interchanE I
that could result in the interchange being forced to have greater property and right-of-way
impacts south of State Highway 36.
* Until Washington County and MnDOT prepare multiple interchange concepts, it is premature to
determine that the interchange concept shown on the plans is a viable design.
« Additionally, the State Highway 36 and County Road 15 intersection is the primary entrance to
the Sanctuary Development. Sanctuary residents previously expressed concern about the
efficiency and safety of the intersection,
City Council Meeting 1110112016 RegulorAgenda Item #
FISCAL IMPACT:
The fiscal impact of the future State Highway 36 and County Road 15 intersection improvements to the
City of Lake Elmo is unknown. The Hy -Tee project could result in shifting greater percentage of the right-
of-way cost burden to Lake Elmo.
RECOMMENDATION:
Staff is respectfully requesting that the City Council provide comment for the jurisdictional and agency
review pertaining to the proposed City of Stillwater Comprehensive Plan Amendment for a proposed Hy-
Vee at the northeast quadrant of the intersection of State Highway 36 and County road 15 (Manning
Ave).
ATTACHMENTS:
• Request Letter
• Project Narrative
• Maps — Concept Plan, 2030 Comprehensive Plan, Zoning Map
CM
--tillwater
DATE: September 20,2016 CASE NO.: 2016-32
TO: Cities of Oak Park Heights, Grant and Lake Elmo
Stillwater Township
Washington County Public Works
Minnesota Department of Transportation
ISD 834
APPLICANT: Mark Schoening, Sr VP of Development
Ryan Companies US, Inc
LANDOWNER: Denru*s Troolen, Chid Mgr
Crescent Development, LLC
WITEMI
REQUEST: Jurisdictional and agency review of
Comprehensive Plan Amendment
AUTHOR: Bill Turnblad, Stillwater Community Development Director
Ryan Companies has been retained by 1"ee to pursue development of a 96,000 sf
Hy-Vee grocery and 4,500 sf gas station/ convenience store in Stillwater. The site
i r
The property is currently guided by the City's Cornprehensive Plan for Research &
Development uses, The proposed retail uses are not consistent with the Comprehensive
Plan. Therefore, Ryan Companies has requested an amendment that would change the
g 'd g from Resear&h & Development to Commercial.
in in
MMUN29fill"A
Ryan Companies is specifically requesting an amendment to the Stillwater
Comprehensive Plan's land use map guiding the subject 17.9 acres from RDP, Research
Development Park to COM, Commercial,
Ryan C
September 20, 201
Page 2
r s
s
• r • � s
r
s
Surrounding jurisdictions and potentially impacted agencies are allowed 60 days to
review this Comprehensive flan Amendment request. That deadline date would. b
November 21, 2016, But, if you are able to comment earlier than that, it -would be
helpful in meeting; ether City timelines.
phone55082- Direct 651.430-8821. Email address is bturnblad@ci.stillwater.mnus
Attachments: Comp Plan future land use ma}
Zoning Map
Conceit site Mari
Neighborhood snap
Application materials from developer
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RYAN
B�IAWNG LA$TS.) RtLATION3W5
Completed Application Form and Fees
Application Narrative
• Applicant Narrative (this document)
• 14y-Vee Company & Stare Details
• Hy-Vee Pbotographs
Concept Plan
030 Comprehensive Land Use Map
o City of Stillwater Zoning Map
Survey with Legal Description of Subject Property
We are excited at the prospect of working with the City to bring this gateway site into the community, and we
would be honored to bring one of the First new fly-Vee stores in the 'I"xxin Cities to Stillwater. '4 e look
forward to being in front ofyou soon, and we thank you:.
r{
Mark,ichoct uiga Senic
Ryan Companies US, l
CC. Denny Trooies
Phil Hoey
RYAN COMPANIES US, INC
50 SoOth Tenth Street, suitc .300
MN 55403-2012
RYAN'
612 92-4000 (t
612•ai'>-3000 fax
August 15, 2010
Abbi Wittman, City Planner
City of Stillwater
16 Fourth Street North
Stillwater, MN 55082
• . s ! ! t •si Land Use Plan & City Zo hi
s
Dear Ms. Whitman,
We are pleased to sub nit the enclosed request to amend the Comprehensive Flan and Zoning for a portion
of the property at the northeast quadrant of Highway 36 and Manning Avenue in Stillwater.
e are excited to be coming before you with this request For many years this gateway site into the City has
gone undeveloped, and while there are -a variety of reasons for this, two trends have taken hold iat the past
few yearn that now lie Behind out request, and that cause us to be optimistic the property can finally be
developed into the community with its core goals intact,
Corporate & Business i t QoXlootnent
The first trend is that business parks or job -generating districts are now developing most successfully when
condained with retail amenities inside the Bark. For 21 years, the 70-acre parcel fl at occupies most of the NE
quadrant of Highway 36 and NIastning avenue has been viewed with corporate job -generation in mind; as
reflected in the 2030 Comprehensive Plan. Land Use Designation (Research & Development Parlt, or RDP)
and City Zoning (Campus Research District, or CRD). Today, it is impressible to miss the degree to which
job -generating companies are focused on retail amenities wilhht the rorporate and bmsinars park ew roniveets they wall
consider. We have been presented with this requirement from all of companies we've worked with in the past
five years; from Wells Fargo to Target to State berm and others, and it is now at the center of recruiting and
retaining talented young employees. Forward looking companies today are competing for the next generation
of workers, they perceive d-iose workers to be drawn to amenity -rich work -places, and they therefore matte
locational decisions based on the amenity situation withiv their corporate ernidronwentr. This may be the most
important trend in corporate or business park: development since the move to the suburbs that began in the
60s, and we will be happy to discuss it, and other examples, as requested.
Ai LICENSE AI 15013 COMM, ROCSt2330 M, CA LICIS"st 441447 CiECAS7 sL LICENSE MAW iA, EL LICENSE C6051?JV, CGt130A553
EQUAL OPPPORTUNr rY ttdP nYf k...
RYAN'
RLtjj�Derelo �ienrT�oda
'llie second trend that lies behind our application is that retailers are increasingly focused on convenience and
proximity to their local customers, rather than placement in larger regional centers of the sort that were the
norm prior to e-commerce and the great recession. Mic rise of e-commerce, as well as changes in, driving
habits, have both placed a new premium on convenience, with the result that we :tear increasingly from our
retail clients about the need to "get local" in order to be close to their customers, even in stand-alone
situations. The retailer that we -are proposing to bring to Stillwater is at the center of this shift, as is the retail
project that we are proposing, and we will be prepared to discuss this trend and other examples of it as
requested.
Both of ffiese trends lie behind our request to aritend the 2030 Comprehensive Land Use Plan and
City Zoning for a portion of the northeast quadrant of Highway 36 and Maturing Avenue, and to re-
designate that portion of the overall property in a way that reflects how corporate and job -generating
development is actually taking pIA0 today, so that this gatewuy property can be successfully
ineorporated into the Stillwater community.
Our request for an Amendment to the 2030 Comprehensive Land Use Plan and a partial re -zoning is limited
to the 20-acre area on the west side of the overall ill -acre area, as indicated on the enclosed Land Use and
Zoning maps. 'he area in question is bounded by Highway 36 to the South, Manning Avenue to the West,
and 62-d Street to the north.. The subject 0-acre area, as well as 50-acres of the overall 70-acre area, is
currently undeveloped. The remaining 50-acre portion of the property would remain guided by the existing
2030 Land Use Plan (RDP) and City Zoning (CRO,
P
The 2030 Comprehensive Land Use Plan currently guides the area described above for Research &
Development Park (RDP). According to the Plan, the designation is intended to provide a sire for corporate
and business development that will bring "head of household caliber jobs to the con-aminity." It is worth
noting that contained withiri the plan is the statement that "through implementation of the Comprehensive
Plan, the city may update this zoning district to expand the list of uses allowed to support the goal of a high
quality development that will increase the city's tax base and provide high -paying jobs."
We are proposing that the 2030 Comprehensive Land Use Plan for the;western 20 acres of this 70-acre area
be amended to guide that 20-acre area Commercial, as defined under the current Comprehensive Plan land
use designations. Our reasons for making this request have been partially described above, and are further
detailed further belom
RYAR
9UROMi LAS11W REL471041SHIPS
W=
Ac 70-acre area in the northeast quadrant of Highway 36 and Manning Avenue is currently zoned entirely as
Campus Research Development (CRD), According to the City Zoning Code, the designation is prini-arily a
job -generating district, intended for "a mix of office, research and development, and light manufacturing uses
with limited retail and service uses in a planned business park setting." It is worth noting that the City s
description of what is allowed within this zoning includes the idea that retail and service uses may be part of a
corporate or business park district,
With this application, we are requesting that the City re-zonc the western 20 acres of this 70-acte area to
Business Park — Commercial. This 20-acre area of the overall property is the area that companies who have
considered the property as a potential location for their business see as a logical position for retail within the
park, and it is the area of the site that a number of retailers have considered the right place from which to
serve the Stillwater community. At the moment; we are under agreement with Fly-Vee to develop and build
one of their new stores in the Twin Cities in this area, as shown on the enclosed Concept Plan. If you
approve our request, we would move forward on a schedule that would have the store under construction in
2017, an event that we believe would draw new and desirable attention to the overall site as a potential
corporate environment.
East of the 20-acre subject area, we are proposing to leave the e%isting guidance and zoning in place. We
believe the evidence is abundant that the development goals associated with the existing RDP guidance and
CRD zoning Nvill be achieved more quickly, and with more success, if you approve the requested
Comprehensive Plan and Zoning change on the western 20 acres.
Basis for the Application:
We understand that requested changes to the Comprehensive Land Use Plan and to City Zoning need to be
justified by reference to public necessity, general community -welfare, and good zoning practice, in
conformance writh the principles and policies set forth in the Comprehensive Plan.
l-'Uh& N�xi
As we've suggested througliout this narrative, we believe that in order to attract job-generatirig business
development today, it is necessary to incorporate first-class retail amenities into a business district. It was not
always this way, but as companies find themselves competing for talent, and specifically for talented younger
workers who value a xxxixed-use environment,it's clear they are requiring retail amenities wifi-int their
corporate and business environments, and that they are making lowitinal decisions xith this priorit), in mind.
The examples are many, and we svill be happy to discuss them with you in the appropriate setting. In the
Twin Cities alone, they include Wells Fargo, Target, Shutterfly, and North Memorial Hospital,
RYAN'
_Gwer4L �omvmzi�hfPe�aae
We are suggesting in this application that the requested Land Use Plan and Zoning change will benefit the
Stillwater community by making it more appealing to job -generating businesses. But we are also suggestnig
that the requested change will benefit the community by bringing to its members the most exciting retail
business now developing in the Twin Cities, namely a full -line, state-of-the-art HyNee store, A full
description of the store, as well as background on the company, follows this narrative, But a few notable
features are belovr
• The store will contain full -service bakery, dell, specialty cheese, meat and seafood departments, as
well as coffee, bagel and juice, bar;
• It will contain pharmacy, floral, pet care, dry-cl&aning, and postal services;
• It will contain a kitchen department offering prepared foods for on -site consumption, or pick -aged to
go;
• It will contain a Market Grill restaurant, accessed from both the grocery store and a separate
entrance, providing full -service dining options including beer, Nvine, and mixed drinks for on -site
consumption, as well as catering and pick-up options;
• It)k-M contain a 'Mrie & Spirits store, accessed by a separate entrance, with a tasting room capable of
seating 30 people for events;
• It will be open 24 hours a day, and provide approximately 625 jobs, 125 of them full-time.
(""I)i& -Zalin I /In t11L_,LLe ,,ib lrijA -_ /' U1PG#d�f I IiY�Y iAL-1_1 1'61-21
We've mentioned many times that successful job -generating development today depends on the location of
retail amenities within the proposed business area. And we understand that the primary development goal of
the existing RDP guidance and CRIB zoning is to generate jobs. In that sense, we see the requested Land Use
Plan and Zoning Arnendruents as in conformance with the principles and policies set forth in the
Comprehensive Plan, and as consistent with the planning and development goals held by the City for this
property, Central to our request is the idea that 50 Acres of the 70-acre Area would remain guided RDP and
zoned CRD, and that the prospects for bringing job -generating businesses to Stillwater on that 50 acres
would be significantly increased by the opening of 20 Acres of the site to a more broad zoning that would
allow for the development of a key amecdty that xvill increase the appeal of the business park land to the
corporate cornmunity. Because of the trends driving business park and retail development going forward, we
see the requested change as beneficial to the achievement of the development goals the community has long
held for the overall site, and to the achievement of those goals sooner than might otherwise be the case.
Proposed Project / Concept Plan - The enclosed concept plan shows approximately 96,000 square feet for
the proposed Hy-Vee grocery store, It also shows an approximately 4,500 square foot convenience store with
fuel canopy and a car wash.
4 111,i g c
RYAN"
4UILOIh`Cr 1ASTIv6 AELATIONSWP3
The project is located at the NE corner of Highway 36 and Manning Avenue, or in the SW corner of the 70-
acre area currently guided RDP and zoned CRD. In total, we anticipate the project to occupy roughly 14
acres of the proposed 20-acre area that would be re-gaaided and re -zoned more broadly, and roughly 20% of
the total 70-acre area currently guided RDP and zeroed CR .
To the north of the retail amenity that we are proposing, we envision a variety of uses that we believe will add
to the Stillwater community, including but not limited to job -generating office, hospitality and/or additional
retail. To the east of the proposed project, we propose to maintain the existing RDP guidance and CRD
wiring, for all of the reasons described above:
The project has been concept designed to respect the historical desire of the City to establish connections
between Curve Crest Road to the east, Manning Avenue to the west, and 62nd Street to the north. We have
placed the road connecting Curve Crest and Manning where we believe it would serve the overall site most
efficiently, and we have left open: the area to the north that would contain a connecting read to 62,1d.
AMOS �" Jnternral ir,7 atiorr
Because this is a critical feature of making the entire site work, please none the following circulation features
of our plat:
1) Our plan proposes to eliminate the current connection to Manning Avenue immediately north of
Highway36. We believe that connection has outiived its usefulness, and likelyrepresents- an unsafe
condition as the site develops.
2) We propose instead the installation of a single and full -access point on Manning Avenue at the
midpoint between Highway 36 and62nd Street. We see this access point as critical to any 'significant
development of the site for two reasons:
a; The overall 70-acre development area could easily contain more than 700,000 square feel
Absent a hall -access point on Manning, nearly all of the traffic coming into and out of the
site would flow through a primary access point on 6 j,a street. This would make for an
extremely one-dimensional and inefficient circulation system on a development site of 74
acres,
b; Businesses and others potentially interested in the corporate development area will see a
pane -dimensional :access plash as s major problem, and it will seriously disadvantage the site
from a competitive standpoint. In addition, the residential neighborhood to the north,
absent a full access point on Manning, would be faced with a dramatic increase in traffic on
62n street, across from what is currently the primary entrance to their neighborhood.
HY-Vee Stillwater
0��Mrm
As an employee -owned company, fly-Vee encourages each of its more than 82,000 employees to
help guide the company. Its 85 years of outstanding success is a testament to those employees'
hard work and dedication to the vision of its founders. Today, Hy-Vee is synonymous with
quality, variety, value and superior customer service, Its slogan, "A Helpful Smile in Every
Aisle," expresses the foundation of the company's operating philosophy.
Hy-Vee is a touchstone for its customers' desire for information on diet, nutrition and wellness
topics. The company's commitment to healthy lifestyles is evidenced by ever-growing
HealthMarket departments featuring natural and organic products, the consulting services of in-
store dietitians and chefs, and consumer and employee welffiess programs. The company also
sponsors the annual Hy-Vee Road Races during Drake Relays weekend and five Hy-Vee Pinky
Swear Kids Triathlons and 5K Family Runs across the Midwest that raise money for children
with cancer and their families.
Fly-Vee stores have operated autonomously with store directors making in-store decisions to
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excel at superior customer service at the local level, Hy-Vee continues to drive this dedication to
serve its customers with recent newly -introduced programs such as Hy-Vee Fuel Saver, Market
Grille restaurants, and now Aisles On-line, an on-line shopping feature that allows customers to
place orders for pick up or delivery.
With sales of $9.3 billion annually, Hy-Vee ranks among the top 25 supermarket chains and the
top 50 private companies in the United States. Its more than 240 stores are located in eight
Midwestern states: Iowa, Illinois, Missouri, Kansas, Nebraska, South Dakota, Minnesota and
Wisconsin. Distribution centers are in Chariton, Iowa, and Cherokee, Iowa, with a third
perishable operation in Ankeny, Iowa. Hy-Vee's corporate office is located in West Des Moines,
Iowa.
The proposed store will be approximately 96,000 square feet and contain traditional grocery
departments as well as fall service departments such as bakery, delicatessen, specialty cheese,
meat, seafood, as well as a juice and smoothie bar. Other departments provided by Hy-Vee for
complete customer care include general irierchandise, health, beauty, cosmetics, organic
(HealthMarket), pharmacy, floral, pet care, bagel shop, sweet shop, specialty cheese, charcuterie,
clothing, coffee shop, postal/mail services, and dry-cleaning.
The store's pharmacy department will have a drive -up Lane (window with a drawer or a tube
delivery system), The Pharmacy will likely include a clinic space in partnership with a local
medical facility as well and include a couple of examination rooms with a small waiting area,
The kitchen department will offer prepared foods available for on -site consumption in the casual
dining area or packaged to go. Food flavor profiles include barbeque/smoked. Asian, Italian,
Mexican, salads (hot & cold) as well as a setf-serve soup & salad bar. The typical casual dining
area seats approximately 80 customers.
The Market Grille restaurant is a full -service dining option that is connected to the grocery store
but also has a separate exterior entrance. A full -service bar is included in this area to provide
beer, wine, and mixed drinks for on -site consumption. On-line or phone-in ordering for pick-up
will be available with 2 or 3 designated curb -side parking stalls.
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A dtom is typically pr vded and will seat approximately 30 people for our tasting/eucati onal to
wine & beer tasting classes.
The supermarket and convenience stores are typically open 24 hours a day; with major
I pm, A jjjLical Fly-Vee store
At Hy-Vee we see sustainability as part of our focus on healthy living, believing that healthy
lifestyles and a healthy environment go hand -in -band, Whether it is helping our customers make
healthier choices or working to make the way we do business more sustainable, we see this effort
as part of Hy-Vee's overall mission of making people's lives easier, healthier, and happier.
•
ii U16
We understand that a significant portion of our environmental footprint results from the energy
and resources our stores and distribution systems consuine. For this reason, our effbi-ts to
improve energy efficiency and conserve natural resources apply across all sectors of our
business. These efforts include:
• Lighting: Measures aimed at improving lighting efficiency include the increased use of
natural light, high -efficiency LED store and parking lot lighting, and store lighting that
adjusts to the time -of -day.
• Equipment: Highly efficient heating, air conditioning and refrigeration equipment
decreases energy consumption while waste heat from this equipment is often-tinies used
to preheat hot water and air.
• Transportation: We are working to improve the fuel efficiency of our trucking feet
through such measures as the use of fuel additives, alternate vehicle routing, and new
engine, tire and trailer designs.
• Water consumption: We are working to better manage water consumption through a
variety of store design and operational changes. These changes include motion -activated
toilets and faucets and the use of native plants with reduced irrigation needs.
• Refrigeration management: Our efforts to better manage refrigerants include investment
in state-of-the-art technology that identifies and prevents leaks, and participation in
EPA's Green hill Advanced Refrigeration Partnership.
Waste Reduction and Recycling:
Another of Hy-Vee's sustainability priorities is reducing waste and increasing recycling rates.
Hy-Vee has a long history of working to reduce waste and increase recycling of such things as
cardboard, plastic, paper and cooking grease. Our ongoing efforts in this area include:
* Diversion of food waste: We are evaluating ways of removing food waste from land
disposal, Methods being considered include composting and anaerobic digestion — a
process in which micro-oqganisms breakdown wastes into harmless, and often -times
beneficial, by-products,
* More recycling: We are continuing work to increase recycling rates for store recyclables,
including cardboard, plastic, paper and cooking grease, In the last three years, these
efforts resulted in the recycling of an estimated 220 million pounds of cardboard, 6
million pounds of plastic, and I million pounds of paper.
* Plastic bagrecycling: All stores provide recycle bins so customers can return their plastic
shopping, newspaper, and dry cleaning bags for recycling.
* Products: Increasingly stores are converting to pre -trimmed produce and pre -packaged
meat, reducing waste and transportation -related energy use.
We are also working to increase the number of green products on our shelves, to source products
from suppliers -who demonstrate good environmental stewardship, and to identify more efficient
packaging alternatives. Examples of these efforts include:
Natural, organic, and locally sourced products: Hy-Vee has a vast assortment of natural,
organic, and locally sourced products. We know it's important for our customers to know
where their food comes from so we have invested in bringing the very best of these
products to our stores.
• Sustainable seafood: Hy-Vee has a seafood procurement policy aimed at improving the
sustainability of our seafood. In 2011 we took this commitment to the next level through
a partnership with FishWise, a non-profit that works with leading seafood retailers,
distributors, producers and restaurants to develop seafood sustainability programs.
• Shopping bags: Responsible use of shopping bags is another way we reduce the stress we
put on the planet. Towards this end, Hy-Vee is: (1) working with our employees to
reduce the use of paper and plastic bags, (2) encouraging customers to recycle plastic
bags at our stores, and (3) striving to increase our customers' use of reusable bags.
• One -Step Products - Hy-Vee developed the One Step series of products with a simple
mission: To offer customers a selection of products for which the proceeds go to relevant
worthy causes. One Step products include a 5 pound bag of russet potatoes, shredded
wheat cereal, paper towels, and bottled water,
• Packaging: We are also working with other retailers to reduce packaging on branded
products and pursuing more efficient packaging for private label products.
T1 F CITY 0 z
LA K E EL MO
MAYOR AND COUNCIL COMMUNICATION
DATE: October 18, 2016
REGULAR
ITEM #: 22
MOTION
AGENDA ITEM: Interim Ordinance on Development Activity within the Shoreland District
SUBMITTED BY: Sarah Sonsalla, City Attorney
REVIEWED BY: Kristina Handt, City Administrator
Stephen Wensman, Planning Director
BACKGROUND:
In July of 2016, the City extended its interim ordinance (moratorium) on development within Stage 1, 2
and 3 development areas. The City was authorized by Minnesota Statutes Section 462.355, subdivision 4
(c)(1) to extend the moratorium because the City was in the process of studying and revising its shoreland
regulations which were being reviewed by the Department of Natural Resources.
After the original moratorium was extended, it was found there are properties that are in the Shoreland
District that were not included in the moratorium because they were outside of the Stage 1, 2 and 3
development areas. At its meeting on October 4, 2016, the City Council decided that because these
properties are also subject to the City's shoreland regulations and because the shoreland regulations affect
the use and development of properties within the Shoreland District, there should be a moratorium on
development activity on all properties that are within the Shoreland District and not only properties within
the Stage 1, 2 and 3 development areas. The City Council then directed staffto prepare an interim ordinance
that would apply to all properties within the Shoreland District with the exception of (a) any project that
have been granted concept, preliminary, or final plan or plat approval; and (b) any project that would
address environmental threats through the installation of essential services such as sewer, water, storm
sewer, or other public safety mechanisms and that would extend these services into areas that are planned
for public infrastructure. Staff has prepared a draft of the interim ordinance for the City Council's review.
Does the City Council wish to adopt the attached "Interim Ordinance Authorizing Continuance of a Study
of the City's Shoreland Regulations and Imposing a Moratorium on Development Activity within the
Shoreland District"?
The statute does not require that a public hearing be held by the City before this particular interim ordinance
is adopted. The interim ordinance will be effective on the date that it is published. It is being proposed
that the interim ordinance would remain in effect until the effective date of an ordinance amending the
City's shoreland regulations or one year from the interim ordinance's effective date, whichever occurs first,
unless it is otherwise expressly repealed by the City Council.
4878970 SJS LA515-1
The City Council has three options:
I . Adopt the interim ordinance;
2. Adopt the interim ordinance with changes;
3. Do not adopt the interim ordinance.
487897v I SJS LA515-1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
WHEREAS, if the City is conducting studies or has authorized a study to be conducted
for the purpose of considering adoption or amendment of its official controls, the City Council is
authorized by Minnesota Statutes Section 462.3 55, subdivision 4 to adopt an interim ordinance for
the purpose of protecting the planning process and the health, safety and welfare of its citizens;
and
WHEREAS, the interim ordinance may regulate, restrict; or prohibit any use,
dcw6*41mox*aia t *-w
year from the date it is effective; and
WHEREAS, there is a large amount of shoreland within the City; and
WHEREAS, Minnesota Rules Part 6120,2800, subpart I requires cities to adopt the
minimum standards and criteria set forth in Minnesota Rules Part 6120.2500 — 6120.3900 for
shorelands of public waters of the state which are subject to local government land use controls
and are to be incorporated into local government shoreland management controls; and
WHEREAS, the City's shoreland regulations were not in confort-nance with the minimum
standards and criteria set forth in Minnesota Rules Part 6120.2500 — 6120.3 900; and
WHEREAS, the City is in the process of conducting a study of and revising its shoreland
regulations to bring them into compliance with Minnesota Rules Part 6120.2500 — 6120.3900; and
WHEREAS, the City's shoreland regulations are a part of the City's "official controls" as
defined by Minnesota Statutes Section 462.352, subdivision 15; and
WHEREAS, because City's shoreland regulations affect the use and development of
property within the Shoreland District, the City Council finds it to be in the best interests of the
City to impose a moratorium on all development activity within the Shoreland District, in order
for the City to continue to study and revise its shoreland regulations; and
NOW, THEREFORE, based on the foregoing, the City Council of the City of Lake Elmo
does ordain:
487893v I SJS LA5 15-1 1
SECTION 1. STUDY AUTHORIZED. The Planning Commission is hereby authorized and
directed to continue its study of the City's shoreland regulations for the purpose of developing and
making a recommendation to the City Council in accordance with this Section. The study will
consider the City's existing shoreland regulations, the state statutes and rules regarding shorelands
and the revisions needed to the City's shoreland regulations in order to bring them into compliance
with Minnesota Rules Part 6120,2500 — 6120.3900 and the proposed regulations that the Planning
Commission recommends the City Council adopt.
- SECTION 2. MORATORIUM IMPOSED. A moratorium is herebi ininoied on th consideration
projects that have been granted concept, preliminary, or final plan or plat approval-, and (b)
any project that would address environmental threats through the installation of essential services
such as sewer, water, stonn sewer, or other public safety mechanism and that would extend these
services into areas that are planned for public infrasti ucture, "SubdivisioW' has the same meaning
given the term in the City Code, "Development project7' means any subdivision, planned unit
development (PUD), conditional use permit or interim use pen -nit.
SECTION 3. INTERPRETATION AND DURATION. The City Council shall decide any
questions regarding the application of this Ordinance. All inquiries regarding the application of this
Ordinance shall be submitted to the City in writing and the City Council's decision regarding the
matter shall be final. As part of interpreting this Ordinance, the City Council may issue written
clarifications of, and variances from, its terms as needed to effectuate its purpose and intent. This
Ordinance shall remain in effect until the effective date of an ordinance amending the City's shoreland
regulations or one year from the interim ordinance's effective date, whichever occurs first, unless it
is expressly repealed by the City Council.
SECTION 4. PENALTY AND ENFORCEMENT. Any person, firm, partnership, corporation or
other entity violating any provision of this Ordinance shall be guilty of a misdemeanor and, upon
conviction thereof, shall be subject to imprisonment for up to 90 days, a fine of up to $ 1,000, or both,
plus the costs of prosecution. Each day that a violation occurs shall be considered a separate offense.
The City may enforce this Ordinance through criminal prosecution or by undertaking such civil
actions or proceedings, including injunctive relief, as it determines appropriate to prevent, restrain,
correct, or abate any violation or threatened violation of this Ordinance. The initiation of one type of
enforcement action shall not preclude the City from instituting any other action or proceeding
available to it under law to enforce this Ordinance.
SECTION 5. SEVERABILITY. Every section, provision and part of this Ordinance is declared
severable from every other section, provision and part thereof. If any section, provision or part of this
Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall be invalidate
any other section, provision or part of this Ordinance.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective upon its legal passage and
publication.
SECTION 7. Adoption Date. This Ordinance 08-156 was adopted on this 18" day of October,
2016, by a vote of _ Ayes and Nays.
4878930 SJS LA515-1 2
Julie Johnson, City Clerk
This Ordinance was published on the clay of , 2016.
487833vt SJS LA515-1
I
" i 1`ATICE-96-15(r"'Y TITLE
AND SUMMARY
WHEREAS, the Ordinance is three pages in length; and
WHEREAS, Minnesota Statutes Section 412.191, subdivision 4, allows publication by title
and summary in the case of lengthy ordinances or those containing charts or maps, and
-WHEREAS, the City Council believes that the following summary would clearly inform the
public of the intent and effect of the Ordinance, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No -15to be published in
the official newspaper in lieu of entire ordinance:
The City Council of the City of Lake Elmo has adopted Ordinance No. -1 6, which is an interim
ordinance authorizing continuance of a study of the City's shoreland regulations and i posing
moratorium: on development activity within the Shoreland District. The ordinance authorizes the
Planning Commission to continue its study of the City's shoreland regulations for the purpose of
developing and making a recommendation to the City Council. The moratorium on development
that is imposed by the interim ordinance applies to the consideration or approval by the City o
any subdivision or development project within the Shoreland District except for (a) projects that
have been granted concept, preliminary, or final plan or plat approval, and (b) any project that
would address environmental threats through the installation of essential services such as sewer,
water, storm sewer, or ether public safety mechanisms and that would extend these services into
areas that are planned for public infrastructure. The interim ordinance will remain in effect until
the effective date of an ordinance amending the City's shoreland regulations or one year from the
interim ordinance's effective date, whichever occurs first unless it is expressly repealed by the;
City Council,
The fill text of Ordinance No. -156 is available for inspection at Lake Elmo cityhall during'
regular business hours.
BE IT FURTHER SUIT D by the City Council of the City of Lake Elmo that the City'
Administrator keep a copy of the Ordinance at City Hall for public inspection and that a copy be
placed for public inspection at the Lake Elmo Public Library.
Resolution 216_3 Page 1 of
4879080 538 A515.1
r
Julie Johnson, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof
and the following voted against sane.
Whereupon said resolution was declared duly' passed and adopted.
Resolution 2016-92 Page 2 of
487948v1 SJS LA515-1