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HomeMy WebLinkAbout12-02-14 CCMP1,11112 CITY 11I (7 � i 11.:rrcarr i r Ptmide Qrrrrlr.'0 1'arNic Sergi=x r in a Eixcaly, I espollril1lee 111as ner W'aile nnrc3 irate the 6�1 f 0,hen dS ace "hevader LAKE ELMO NOTICE OF MEETING Cite Council Meeting Tuesday, December 2, 2014 7:00 P.M. City of Lake Eltno' 13800 Laverne Avenue North GEI�TDA A. Call to Order �. B. fledge of Allegiance C. Roll Calf D. Order of Business E. Approval of Agenda F- Accept Minutes 1. Accept November 18, 2014 City Council Meeting Minutes G. Council Reports • Mayor • Council H- Presentations/Public Comments/Inquirie 2a, Fire Department -- Conditional job Offer to New Recruit 21t. Fire Department - Swear in New Lieutenant L Finance Consent Agenda 3. Approve Payment of Disbursements and Payroll . 'e.11 l�Io. r�nnecru ��'aterm Ii�Ipros=e ents _ � an e Order l' o. 1 ell o. 4 Con'cctiizg 'ater1na%n 11 proveents — Cor pensatirig Change Order No. 7: ell oa { crnnectizg i'aterrain Improvement — Payy Request No. {pI!NAL) 0 er Consent ,Agenda 8. 2015 Liquor License Renewals 9. Washington Coungr Subsurface Sewage Treatment System Inspection Sere ices A ree eiit 1t a. Gong=ea l rel inarlP flat l tc sio� s -- Village bark Presen e; . e olutfoo o, 201 ?G7 10b. Go yea Preliminary Plat Extensions — Village Preserve; Resolution No. 2 14 91 K. Regular Agenda 11. Public Hearing: 2015 Proposed Tax Levy and General Fund Budget— Adopt 2015 Budget and Tay Levy; Resolution No. 201 9.2 12. Inwood l AW -- Response to Comments, Findings of fact, Record of Decision, and Declaration of l30 1`�eecl Ec�r a Resolution o.2014-9. n I 13Inwood PLID;Prchmin ry plat and Preliminary Development flans; Resolution No..cfJ14=94t K 2835 Legion Avenue — Request to Connect to Legion Avenue 201 W" stewat r System 15. Enttllerson IUP Renewal for a Bus/Trucking Terminal at 11530 Hudson Boulevard, 16. I akyon Cemetery Sketch Plan Review Resolution No. 2015 17. Lake Elmo Avenue Project (CSAIJ 17) Cooperative Agreeinent-, Resolution No. 201 9 Staff Reports and: nouncements • City Administrator tot • City Attorney • Planning Director • City Engineer • Finance Director • City Clerk M. Adjourn LAKE ELMO CITY COUNCIL MINUTES 1 l MBER 1S, 2014 LI'I' {� E ELIVI) CITY COUNCIL MINUTES NOVEMBER 18, 2114 IJ10-t Pearson called thernecting to order at 7.Wpm. PRESENT: Mayor Mile Pearson and Council Members Lally Nelson, Anne Smith, Bloyer, and l�Iikc Reeves. Staff present. City Administrator 7uleger, City Attorney Snyder, Community Development Director Matt, and City Clerk Bell. PLEDGE OF ALLIGENCI PRO OF AGENDA, Council Member Smith pulled Items 11 and 12 for discussion. MOTION. . Council Member Nelsonniowd TO APPWO VE THE NQ 11rIBER 18, 2014 C11y COUNCIL AGENDA AS AMENDED. Coarrrcil Alec lrer- tZeet)es� :,ecoiided the motiora. MOTION PASSED 5- 0. ITEM 1» ACCEPT MINUTES T'1;IE NoVEMBER, , 2014 C'TYCOUNCIL 1 'NU ES WERE AP.PRO VED AS PRESENTED BYCONSENSUS. THE NOVEMBEJ? 12' 2014 CANVASS BOARD MINUTES WEJZE APPROVED AS PRESENTED BY CONSENSUS. THE JULY 2 , 2014 CITYCOUNCIL 'NUTES WERE APPROVED AS AA1ENDED BY CONSENSUS. THE O T"OBER 7, 20I4 CITYCoUNC1L MINUTES AMENDED AS PRESENTED BY CONSENSUS, COCIL REPORTS: Mayor Pearson: attended Gateway Corridor meeting; announced City received its First C FR; public bonfire will be held in Sunfish Lake Park on 11 %20 from 2pm:to dusk. Council Member Bloyer: no report Council Member Reeves: attended Gateway Corridor meeting. There is an upcoming development forum in January that will discuss transit oriented development. Fast Metro Strong holding visioning meeting; Parks Commission meeting included forester report, commended resident Vlendy Griffin and her v=ork on buckthorn management. Council Member Smith noted Sunfish Lake Park is largest upland forest in the county: Council Member Nelson: finance committee meeting. The Committee discussed past issues xvith developer agreements and escrow fiends. Item 15 is a result of those discussions. Mr. Nelson also called for Council to review the CIP and consider the streets that were put tiff as it will need to he approved this year. RURUCLQMMENMNQUWES- FINANCE CONSENT AGENDA . Approve Payment of Disbursements and Payroll in the amount of 1,171,537.52. . Accept Financial Report dated October 31, 2014 4. accept Building Report dated October 31, ` 01 5. Accept City Assessor Report dated October 31, 201 . Pu plaouse No. 4 Improvements — Change Order No. 1, 7. Putnphouse No. 4 Improvements — Pay Request No. C S. 39ts Street ICI. Street and Sanitary Sewer Improvements — Pay Request No. 2 LAKE E fMO CITY COUNCIL MINUTES 9. �� MBER 1ST Q1 Lake Ehncr Avenue Trunk Watery z� I p �vements — P y Request No. 10. Rotating Schedule for Sign Purchases MOTION. Council AlemberA Srr itlr rrtrtird TC? APPROVE '.�' FINANCE CONSENT AGENDA AS P SENTED, C;ioritieil lle iber•; elfon ,feconded the aizot nrr. MOTION PASSED 5-0 OTHER CONSENT AGENDA 11. 12. 13. acceptance of the Koch Pipeline Easement proposed in the Demontreville Wildlife area, MOTION • Cann(( Alembetm S)llitl trrvt=ed TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED, Cou&ilrlllemberNelrvta seconded the rzavtion, MOTION PASSED 5-0. ITEM 11: ASSIGN COUNCIL MEMBER BLOYER TO COUNTY LIBRARY SYSTEM DISCLTSSIC)I` Council Member Smith wants this decision to be taken up after the New Year whe3a the new Council is seated, Mayor Pearson noted that he is trying to take care of business while the city agenda is relatively light. Council !Ae ber,Nelson noted that Council Member Bloyer serves on the Library Board, so it would make: sense for him to be involved in the discussions;. Ms. Sanith_also netted she has no interest in serving can:. the Gateway Corridor discussion. Mr. Bloyer stated that as a Library Board Member he would like to be involved in the library discussions. MOTION: Catun it Member Nelson moved TO ASSIGN COUNCIL MEMBER I3':E'R BLOYER TO T'.I�E" COUNTY LIBRARY SYSTEM DISCUSSIONS. Council Meet b t~ I eeilei seenrr ed tlae motion. MOTION PASSED -I (SMITH — NAY;}. ITEM 12 ASSIGN C}LTNCIL 1VIEIVIBE%t SYiI C A I3tY QRItICiRtISCL7IC}i1S Council Member Smith declined the assignment, Council Member Bloyer volunteered MOTION. Council Member Nelron moved TO ASSIGN COUNCIL MEMBER BLOYER TO THE GATEWAY CORRIDOR DISCUSSIONS: CouncilMeivber beeves jewnded the mv ion. ti OTION PASSE 1 5-1. REGULAR AGENU ITEM 1 . LAE J E Q1 SYSTEM City.: Engineer Griffin presented an overview of the 201 public septic systems. They are owned and operated by the City. There are four in the Cold Village and four in the Tri-Lakes area. It was stated that there is no imminent health threat with the specific system at issue. The system is not failing, but would be considered non -compliant along with some functionality issues. It was area explained that despite the fact the system was compliant when installed, now that the rules have been changed, it is no longer compliant, There is no gr ndfathering in of those systems. Staff asked for direction n possibility of purchasing land and expanding the Number of users from the surrounding properties to deal with future non -compliant systems, '11-ic alternative is to limit it to just the current users and obtain a smaller parcel. Council Member Nelson asked about the maintenance. It was explained that the City used to track maintenance and the users were required to pump regularly— every one to two years. That has not beendone for a few V�ears. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18,2014 Lucy Golish, 9369 Jane Road, spoke about her history wifli the system, The tank has been pumped annually. Her husband recently passed away, and she is trying to sell the property. Her son Rob Golish also attested to the inspection and maintenance activity, City Administrator Zuleger explained that the City had Inspector Paul Brandt perforni an inspection, His report was included 111 the Agenda Packet. Depending on what the City elects to do, that the city could, provide a letter of intent to the residents to allow the property to be sold with the expectation that the septic would be addressed next year. The minimum size for a septic system was explained. The minimum size is at 20,000 feet. It was also explained that it would be cost-prolubitive to bring sever to the area. Council Member Smith asked why the county is not responsible for providing the septic solution. It was explained that the 201 systems are a City responsibility as part of the federal grant ffinding the City received when the systems were installed. Non-coniphance vs. non -operational was further clarified. Nft_ Griffin explained the various options: Repair� replace and expanding the system. The City also has the option to get out of the business after the system is made whole. The estimated number of parcels that would potentially need to connect is not known at this time. Council Member Smith asked how the City can veri, users pump the systems regularly. Mr. Griffin said a program to verify would have to be established. It was noted that the systems were designed to be 20 gear systems. It has now been 30 years, Council direction is to investigate and return to council with specific options and details. This would entail authorizing Paul Brandt to study the individual specific issue. Expected costs were discussed. The specific costs are not known at this time. Mr. Zuleger suggested adding not to exceed $5000 language to motion, The immediate concerti is to address the smaller issue, not the possible larger system. There is a chance that the current site can be rehabilitated, but Mr. Brandt does not think it is likely. MOTION. CoumV Member 131ger imped TO DIRECT SIAEF TO LNITESTIGATE POTENTL4L REPAIRIREPLACEMENT ALIEANATIVES FOR THE JANE ROAD 201 WASTEWATER SYSTEM (TRI-LA)KES REMOTE D), NOT TO EXCEED $5000 C�una M�� Reem S"g&d tl7e '07106011. Council Member Nelson wants the City to look at the bigger picture. Mr. Nelson stated that tile other systems are at some point going to fail. it is incumbent upon the city to address it. He is not in favor of being in this business, but it has to be addressed. The urgency of addressing the current property was discussed. City Administrator Zuleger suggested clarifying that the costs should be funded from the sewer fund with costs applied to a future assessment. That language was added to the motion, Council Member Smith is concerned that current residents may not be interested in joining the septic when they do not need it at the moment. The Council consensus is in agreement but also believes it is prudent to conduct survey be eventually the systems will fail. The systems have to be compliant for the properties to be sold. LAKE ELMO CITY COUNCIL MINUTES ITEM 14: D NOVEMBER 18,2014 NO. - 9 Council Member Nelson explained the background of this item and the 17-inance Committee's proposal. The Council agreed the proposal was a good step. The new policy is only related to developer agreements and not individual permits. MOTION: Gou&V Ahvber N��li hw� To APPROVE REsoLUMN No. 2014-89 b1ktCTNd THAT EFFECTIVE IMMEDL4TELy ALL DEVELOPER ESCROW REFUNDS MUST BE APPROVED BY THELAKEELMO CITYCOUNCIL PR,1OR TO RELEASE GwMilMemM,S�W seconded the mo6ni MO17OArP4SSE65-0' City Administrator Zuleger: working with INIPCA and DNR on parkland in the landfill; staff is tt)rillg to reconcile the Carriage Station Park status; upcoming staff retreat; rebooting efforts Xvith the EDA following the recent Planning Commission meeting; upcoming milfoil meeting to work on grant funding; Met Council rebalancing discussion upcoming on 12/5 at 10AM; Discovery Crossing island Nvas completed and related vandalism was addressed; CiqT received its first CAFR, It is very important for City bond rating. City Attorney Snyder: routine development documents, Community Development Director Matt: Planning is reviewing development submittals; CiqT received an application for a new cemetery proposal, City Engineer Griffin: Well No. 4 pump house is completed; 39th Street construction is postponed due to the weather City Clerk Bell: Neither. Lake Elmo precinct was selected for Post -Election Review; the City, is accepting applications for Rink Attendant position. N'Ek-e Pearson, Mayor Adam R. Bell, City Clerk THE CITN'OF LAKE ELMS MAYOR& COUNCIL COMMUNICATION DATE December 2, 2014 PRESENTATIONS ITEM .- AGENDA ITEM: Conditional Job Offer to New Recruit William McClellan SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: City Administrator, lean Zuleger REVIEWED BY: City Administrator, Dean Zuleger SUGGESTED ORDER OF BUSINESS: Introduction of Item ........................ ............................................... Fire Chief - 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 POLICY CCOMENDER: hiring process of fire department. FISCAL IMPACT: Additional member on the payroll, which has been budgeted for. Possible reimbursement to MBFTE if applicant does not successfully complete FFI11, training. SUMMARY AND ACTION QUESTED William McClellan has completed the hiring process to date. He has attended 3 dept training drills, completed a background check, successfully completed the Dept. Ability Test as well as the interview process Council is being asked to approve the next phase ofthe hiring process which is for the candidate to successfully complete a Pre -Placement Physical Exam and Psychological Exam. Upon completion of these requirements, the applicant will be placed on Probation Status as a Probationary Firefighter and begin training. The suggested motion for this action is as follows, "Move approve a Conditional Joh Offer to New Recruit William McClellan, pending the outcome of a Pre -Placement Physical Exam and Pkilchological Exam. LEGISLATIVE HISTORY: Established hiring process of the fire department. -- page I City Council Meeting [Presentation Agenda Item 2a] December 2, 2014_ BACKGROUND INFORMATION (SWOT):; Strengths New recruit to help us achieve a full roster. Previous Firefighter in Wisconsin. Weaknesses Possibly "wash ouf' before completion of probationary period and dept. would be responsible to reimburse the MBFTE Opportunities nitie Long term Firefighter to serve the community. Threats Retention RECOMMENDATION: Council is being asked to approve the next phase of the hiring process which is for the candidate to successfully complete a Pre -Placement Physical Exam and Psychological Exam. The recommended motion for this action is its follows: "More to approve a Conditional Job Offer to New Recruit William McClellan, Clellan, pending the outcome a;� a Pr -Place sent` Physical Exam and Psychological Exam. " BATE: December 2, 2014 PRESENTATION ITEM; - 2b AGENDA T M: Fire Department — New Officers SUBMITTED Y: Greg Malmquist, Fire Chief THROUGH: Public Safety Committee REVIEWED BY. City Administrator, lean Zuleger SUGGESTED ORDER OF BUSINESS. Introduction of Item .....: ............... ....... : ................. ................ Fire Chief - Deport/Presentation.... ..... , ............... ..Fire Chief Questions from Council to Staff .......................> _.............. Mayor Facilitates Call for Motion . ..... Mayor & City Council Discussion.. . Mayor c& City Council Action on Motion.. , . Mayor Facilitates POLICY CCO NDER. Public Safety Committee FISCAL IMPACT: Deduction in Officer Pay costs by one position. Long tern impact will be less likelihood of Officers stepping down and loosing toe training dollars spent. SUMMARY AND ACTION REQLLSTED. During the course of fire department structure by the Public Safety Committee, the officer structure was looked. at. The structure consisted of I - Chief, 2-District Chiefs, 4-Captains (only 2 of these positions filled due to low personnel; #t's and -Safety Officers. At the recommendation of Public Safety Committee this has been restructured to l-Chief, 1-Assistant Chief, 4-Captains (only 2 of these positions filled due to low' personnel ##'s) and 2-Lieutenants. NOTE: Safety Officers were not a supervisory position, they dealt strictly with Safety matters. The creation of Lieutenants is a Jr. ;Fire Officer with supervisory responsibility: .lob descriptions were eliminated and rewritten. Each position was posted for 2 weeks followed by an interview process. While there were several applicants for the Station #1 Zt' . position and it has been filled., we had only one applicant for the Station #2 Lt's. position. The lone applicant -- pae I -- City{ Council Meeting [Presentation Agenda Item fib% December 2, 2014 then withdrew the application for personal reasons. The dept. officers discussed at length and determined the best course of action was to delay re -posting of the position for 6 months, This will allow us to implement the new position at Station #1 , make adjustments and will also stagger the 1 year terms of Lt. which will benefit us into the future;; We are now filling the second Lieutenant position at Station #2r We had two applicants and interviews were conducted by Station #2 Captain Noah Malmquist, Assistant Chief Mike Cornell and Chief Malmquist. This completes the officer restructuring process: BACKGROUND 3ND INFORMATION WOTI Strengths More efficient operation. Creation of Lieutenants positions will build a better prepared and trained officer program. Support the Station Captains. Weaknesses Safety responsibilities now fall on all; personnel and more specifically the officers. Shift in roles and responsibilities. Opportunities Greater opportunities for personnel to try officer role with minimal commitment. Threats Adjusting to new roles and responsibilities. Adjusting to Lieutenants role at emergencyscenes, RECOMMENDATION: recognition of, Math of Office and pinning of new officer in the fire department Station #2 Lieutenant — Brian Johnson 'n JE ct..y tit LAKE ELM MAYOR& COUNCIL COMMUNICATION DATE: December 2, 2014 CONSENT ITEM A< ENIIA I EM: Approve Disbursements in the amount of $134,017.52 SUBMITTED BY: Cathy th Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator 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 POLICY RECOMMENDER: Finance FISCAL IMPACT- $134,017.52 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the; amount of 134,017. 2. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVEHISTORY: N -- page I -- City Council Meeting December 2, 2014 [Consent A_genda Itein 3] BACKGROUND INFORAIATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 12,732.47 Payroll Taxes to IRS & MN Dept of Revenue 11/26/14 ACH $ 6,49&01 Payroll Retirement to PE RA 11 /26/14 DD5935-DD5962 31,899.70 Payroll Dated (Direct Deposits) 11/26/14 42136-42172 82,647.34 Accounts Payable 12/2/14 2517-2520 $ 240.00 Library Card Reimbursement 12/2/14 TOTAL $ 134,017.52 RECOMMENDATION: Based on the aforementioned, the staff recbmmends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $134,017�52. ATTACHMENTS: 1. 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C, - - C� - - rl r- C, rq Noo to C� — t- — 12 m 0 0 0 z0 z z z E5 Ea Cal r4 C4 0 bo tlLw La Cli ;z cq 0 C> rq r1l C� C� C� C> 91 C> C> 00 00 ol� 00 00 1�0 r- r- 06 r- kn Cap 00 00 m v^tV) 00 r- 00 m tz v 00 00 co 0 u = 00 E CD i5 00 0 t) t) r- > 00 00 tn r4 tn C-1 C7, 00 C�l W OC Cl, 'Y' 01 00 01- VD oc -It C, V) C� 4 LU Ln c"I t/I m F-- m m co 0 0 z to Ln 03 >Cd 40 rq cl CY 00 O� C 1; :� C� C-4 In 3 00 ct 00 4D u wl or 1r) > Do a) 4-4 C"!3 ct3 C� C-- !�', 1� I Q ca 1 0 0 z z 00 00 co 0 m I Tm CITY O LAKE ELMO MAYOR& COUNCIL COMMUNICATION DATE, December 2, 2014 CONSENT ITEM >i# AGENDA ITEM. Well No. 4 Connecting Watermain Improvements —Change Order No. 1 SUBMITTED Y: Chad isa son, Project Engineer THROUGH Dean A. Zuleger, City Administrator REVIEWED BY: Jack griffin, City Engineer Cathy Bendel, Finance Director ike;Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS r' rxem ved &om the Consent A en ar - Questions from Council to Staff....... x .............. ................ Mayor Facilitates - Public Input, if Appropriate..:.................:......:.,..............Mayor Facilitates Call for Motion :............ ......................................... Mayor & City Council -= Discussion:........ .........: ............................................ Mayor & City Council ,Action on Motion .......................... .................. ....., ................ Mayor Facilitates POLICY RECOMMENDER: Engineering FISCAL IMPACT: I,400.41. This charge order provides compensation to the contractor for additional work completed on the project at the request of the City. The work includes the relocation of a service stub to a home and restocking a hydrant. The work increases the contract amount by 1.4 0.41. With approval of this change order the revised contract amount is $443,884,54. The construction contract therefore remains within the original total project budget as authorized on March 4, 2014. SUMMARY AND D ACTION REQUESTED The City Council is respectfully requested to consider approving, as part qfthe consent agenda, Change Order No. I for the Well No. 4 Connecting Watennain Improvements Project, thereby increasing the Contract amount by 1,400.41. If 'removed from the consent agenda, the recommended notion for the action is as follows -- page I - City Council Meeting [Consent Ac=ndit Ii in December 2, 201 "Move to approve Change Order No. I for the Well No. 4 ConnectingWaterinaill Improvements therebincreasing the contract amount try 1, 00. 1." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: This change order provides compensation to the contractor to change the location of a individual water service stub creating the need for the contractor to dig and restore an extra pit not planned for as a part of the original contract. The service stub was <relocated at the property owner's request to better accommodate the property owner's future connection to City water. In addition this change order includes a hydrant restocking fee to return a hydrant that was ordered and delivered to the site but required a different hydrant to better fit the existing rural ditch conditions. The above described changes were not included in the original contract and result in a contract increase of $1,400.41, With this change order the total project budget remains within the authorized budget. Staff is recommending that the City Council consider, as part of ttte Consent Agenda approving Change Order No. I for the Well No. 4 Connecting Watermain Improvements thereby increasing the contract amount by $1 4 0.41. If removed from the consent agenda, the recommended motion for this action is as follows: "'Move to approve Change Curler No. I for the Well No. 4 Connecting Watermain Improvements thereby increasing the contract amount by 1, ttt , 1." ATTA DIMENT(S 1, Change Order No. l__ -- page 2 -- CONTRACT CHANGE E ORDER FORM CITY OF LAKE E .MO, MINNESOTA FOCUSENGINEERING, inn. WELL NO. 4 CONNECTING 'WATERMAI N PROJECT NO. 2013.131 CHANGE ORDER NO. 1 DATE: Novernber 19,,2014- TONORTHDALE CONSTRUCTION CO INC, 9760 71ST NE, ALBERTVILLE,MINNESO' A 55301 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are modified as follows upon execution of this Change Order, CHANGE ORDER DESCRIPTION / 1USTIFIC TION; This change order is being processed at the request of the City to change the location of an individual water service stub creating the need for the contractor to dig and restore an extra pit not included in the contract. The location of the service stub was changed from the plan to better accommodate the property owner's future connection to City water, in addition a hydrant that was ordered and delivered to the site per plan but was returned at the request of the City, This was required to install a hydrant which better fit the existing rural ditch conditions: Attachments (list documents supporting change): None ITEM DESCRIPTION OF PAY ITEM UNIT CITY UNIT PRICE INCREASEI(DECREASE) C01 WATER SERVICE STUB PIT RESTORATION LS 1 $1,043,63 C01-2 HYDRANT RESTOCKING FEE EA 1 $35638 u g NET CONTRACT CHANGE $1,400A1 Amount of Original Contract $ 442,484A Sum of Additions/Deductions approved to date (CO Nos. } $ 0.00 Contract Amount to date 442, 484,13 Amount of this Change Order (ADD) ( ' T) ( 4AN") $1,400.4 Revised Contract Amount $ 44,884.54 The Contract Period for Completion will be UNCHANGED t . AS€ � ��� �� ^�_� P (UNCHANGED) ( } t ) tf days APPROVED BY ENGINEER FOCUS Engineering, Inc. APPROVED BY CONTRACTOR ENGINEER BY 11/1.9/2114 DATE DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOT By av DATE DATE FOCUS Engineering, inc, CHANGE ORDER FORM T[ 1E CITY OF LAKE ELMS MAYOR& COUNCIL COMMUNICATION DATE: December 2, 2014 CONSENT ITEM # 6 AGENDAITEM: Well No. 4 Connecting Watermain Improvements —Compensating Change Order No. 2 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS t .Lremoved Li:om the Consent Agendal: - 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: $4,537.47. This change order reconciles the estimated and actual quantities installed on the project and increases the contract amount by $4,537.47. With this change order and previous change orders on the project the final contract amount is $448,422.01, or 1.3% over the original construction contract award. The total project costs remain within the original project budget as authorized on March 4, 2014. SUMMARY AND ACTION REQLESTED: The City Council is respectfully requested to consider approving, is part of the consent agenda, Compensating Change Order No. 2 for the Well No. 4 Connecting Waten-nain Improvements to reconcile the estimated and actual quantities installed on the project. If removed from the consent agenda, the recommended motion for the action is as follows: -- page 1 -- City Council Meeting [Consent Agenda Item 6] )emler 2, 2014 "Move to approve Compensating Change Order 2,for the Well No. 4 Connecting W t r main Improvements thereby increasing thefifnal contract amount by , 37 47 LEGISLATIVE I T©R /BA KGROUND INFORMATION: Northdale Construction Company was awarded a construction contract on March 4, 2014 to construct the Well No. 4 Connecting Watermain Improvements. The contractor has completed the work in accordance with the contract and with approval of this change order the contract amount will be adjusted to reflect quantities actually installed as a hart of the project. Added project casts relate primarily to additional quantities of service pipe and fittings needed to locate each service stub in the appropriate location for the property: The overall increase in the contract amount for this change order is $4,537.47 as detailed can the attached itemization. The final; contract amount is 44,422.11, or .�'!c, over the original construction contract award. The total project costs remain within the original project budget authorized on March 4, 2014. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, approving Compensating Change Order No. 2 for the Well No. 4 Connecting Waterrnain Improvements thereby increasing the final contract amount by 4,. 37.47. If removed from the consent agenda,,__ the recommended notion for this action is as follows: "Nave to approve Compensating Change Order No. 2for the 13"ell No. 4 Connecting Wat rinain Improvements thereby increasing g thefinal nal contract amount by , 7.47. " ATTACHMENTS: 1. Compensating Change Carder No. -- rage CONTRACT CHANCE ORDER FORM CITY CAE LAKE ELMO, MINNESOT"A FOCUS ENGINEERING, inc, WELL NO.4 CONNECTING WATERi MAIN IMP PROJECT NO. 201.3.131 CHANGE ORDER NO. 2 DATE November 19, 2014 TO: NORTHDALE ALE CONSTRUCT ION CO INC, 9760 71ST NE, ALBERTVILLE, MINNESOTA 55301 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are irtodltied as follows upon execution of this Change Order, CHANGE ORDER DESCRIPTION J JU TIFICATION: Per the project Contract Documents the original contract amount and basis of award is established using the estimated quantities for each item of work listed in the bid schedule and multiplying them by the Contractor's corresponding unit bid price: The Contractor is paid For the actual final quantities installed on the project at the unit bid prices. At the completion of the project, a compensating change order is prepared to revise the estimated quantities for each work item listed in the bid schedule to the actual quantities installed and tare corresponding Contract Amount is revised accordingly. This compensating change larder reflects a net increase to the contract amount by $4,537.47. The primary areas of increased pay items included service piping and fittings required to complete the work. Attachments (list documents supporting charge), Name ITEM DESCRIPTION OF PAY ITEM UNIT $TY UNIT PRICE INCREASE/(DECREASE) *See attached itemization for Change Order items $t,57,47 .....___ _ i_ _ NET CONTRACT CHANGE $4,5 7 47 Amount of Original Contract $ _ 442,484.13 Sum of Additions/Deductions approved to date CO No, 1) 1,400A1 Contract Amount to date $ 44,884.54 Amount of this Change Order (ADD) ( twT) ( K • ) 4,537A7 Revised Contract Amount $ 48,422.41 The Contract Period for Completion will be (UNCHANGED) ( Get &Q) (QECBgA%g) 0 days APPROVED BY ENGINEER: FOCUS Engineering, inc. APPROVED BY CONTRACTOR ENGINEER BY 11/19/2014 1� ` DATE DATE APPROVED BY OWNERCITY OF LAKE ELMO, MIN ESOTA BY By BATE DATE FCi? ul; Er7t,mecring, it r.. CHANGE vi:XR FCAM COMPENSATING CHANGE ORDER NO. 2 WELL NO. 4 CONNECTING WATERMAIN IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013.131 FOCUSENGINEE RING, inc. CONTRACT TOTAL TO DATE COMPENSATING CO #2 ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT NET CHANGE AMOUNT I MOBILIZATION LS 1 $19,640,77 $19,640,77 too $19,640.77 $0,00 2 TRAFFIC CONTROL Ls S. $2,275.00 $21275.00 1100 $2,275.00 $cToo 3 CLEAR AND GRUB TREE CA 5 $37500 $1'875.00 $0,00 -S= -$1,875,00 4 CONNECT TO EXISTING 12" WATERMAJN EA 1 $1,03182 $1,03182 $0,00 -$1,033.82 5 CONNECT TO EXISTING 16"WATERMAIN EA 1 $3,353.64 $3,3S3,64 1:0 $3,353-64 6 6"DIP, CL, 52 WATERMAIN LF 40 $76B9 $3,075,60 45,5 $3,498.50 5.50 $422,90 7 12" DIP, CL, 52 WATERMAIN LF 76 $118.02 $8,969,52 133,0 515,696,66 STOP $6,727,14 a 12' HDPE WATERMAIN, DIRECTIONAL DRILL IT 4,347 $50.57 $219,827.79 4290,0 5216,945,30 -$7.00 -$2,882,49 9 6" GATE VALVE AND BOX EA 8 $1,214.39 $9,71512 ILO $9,715,12 X00 10 12" GATE VALVE AN D SOX CA 9 $4,755,14 $42,796,26 9'0 542,79&26 - 11 VALVE BOX EXTENSION LF 9 $138,70 $1,248,30 $0,00 -9.00 -$1,248,30 12 HYDRANT EA a $6,75239 $54,022,52 910 $54,022,32 13 HYDRANT EXTENSION IT 15 $991,24 $3,469,34 $0.00 3.50 -$3,46934 14 I'TYPE 'K'COPPER WATER SERVICE LF 5 $31.09 $15SAS ALS $139,91 TL50 -$15,55 is I'TYPE 'K'COPPER WATER SERVICE, DIRECTIONAL DRILL LF 220 $43,50 $9,570,00 251,0 $10,918,50 3140 $1,348,50 16 1,S" TYPE "K" COPPER WATER SERVICE..LF 65 $39.74 $2,593.10 101.5 $4,033,61 36,50 $1,450,51 17 1.5*'TYPE "K'COPPER WATER SERVICE, DIRECTIONAL DRILL LF 215 $46:83 $10,068.45 239,0 $11,192.37 24.00 $1,123,92 18 1' CORPORATION STOP W/ FUSABLE SADDLE EA 4 $469.74 $1,878.96 4.0 $1,878,96 - $0,00 19 I'CURB STOP & BOX EA 4 $712,75 $2,851.00 4G $2,85LOG $0.00 20 1,5- CORPORATION STOP W/ PUSABLE SADDLE EA 6 $S27,08 $3,16148 6,0 $3,16148 $0,00 21 1.5" CURB STOP & BOX CA 6 $75SJ6 $4,S30.96 610 $4,530.96 - $0,00 22 OFF ROAD STRUCTURE MARKER CA 9 $71.25 $641,25 8.0 $570,00 -1,00 -$7115 23 DUCTILE IRON FITTINGS LIT 1,500 $855 $12,825.00 2205.0 $18,852,75 70S,00 $6,027.75 24 POTHOLE EXISTING UTILITY CA 24 5275-00 $6,600.00 23.0 $6,325,00 -1.00 4275.00 25 PATCH BITUMINOUS STREET SY 25 $90.00 $2,250,00 $0,00 -25100 42,250,00 26 TOPSOIL BORROW (CV) CY 100 $26,S0 $2,650,00 130b $3,445,00 3040 $79&00 27 SEED MIX 250 & EROSION CONTROL BLANKET SY 3,000 $160 $4,800,00 6400.0 $10,240,00 3400,00 $5,440.00 28 SODDING SY 1,000 $4,57 $4,570.00 $0,00 .1000,00 $4,57MOO 29 SILT FENCE, MACHINE SLICED LF 350 $4L20 $1,470,00 10010 $420,00 -250,00 -$1,050.00 30 STREET SWEEPER WITH PICKUP BROOM HR 5 $115.00 $575,00 4:5 $517:50 1 -$5TS0 TOTALS - BASE CONTRACT $442,484,13 $447,021.60 $4,537.47 CHANGE ORDER NO. I Col -I WATER SERVICE STUB PIT RESTORATION LS I'D $1,04163 $1,04163 1:0 $1,04163 D'o $cLoo C0I-2 HYDRANT RESTOCKING FEE EA 110 $356118 $3SfL78 1.0 $356.78 (Lo $0,00 TOTALS - CHANGE ORDER NO. 1 $1,400.41 $1,40M41 $040 TOTALS - DIFFERENCE IN CONTRACT AND ACTUAL WORK COMPLETE $443,884.54 $449,422.01 $4,537.47 IIF Calm` OF LA K E ELMS MAYOR& COUNCIL COMMUNICATION DATE: December 2, 2014 CONSENT ITEM # T AGENDAITEM: Well No. 4 Connecting Watermain Improvements — Accept Improvements and Pay Request No. 4 (Final) SUBMITTED : Chad Isaksen, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin; City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS � retnoved Lrom the Consent ettda Questions fiom Council to Staff... ..........>. ........; ................ Mayer Facilitates - Public Input, if Appropriate ........ . ................:..............Mayor Facilitates Cali for Motion . . Mayor & City Council Discussion . .......... .......................... ........................... Mayor & City Council - Action on Motion . ....... ..... .. ......... . Mayor Facilitates POLICY RECOMMENDER: ENDER: Engineering FISCAL IMPACT: None. Final paymentis proposed in accordance with the Contract for the ;project. Payment remains within authorized contract amount and approved change orders for the project. SUMMARY AND ACTION QLESTELD. The City Council is respectfully requested to consider accepting the improvements and approving Pay Request No. 4 (Final) for the Well No. 4 Connecting Watermain Improvements. The work has been reviewed by the Engineer and is fully completed_ in accordance with the Contract; flans and Specifications and Change Orders. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to accept the improvententsfir the Well NoConnecting Waterina n Improvements and approve Pray Request No.(Final) to Northdale Construction Company its the amount of -- page I — City Council Meeting [Consent At enda Item 7 December 2, 2014 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Northdale Construction Company has completed the Well No. 4 Connecting Watermain Improvements in accordance with the construction contract awarded by the council on March 4; 2014. The Project Engineer has prepared a Certification of Completion indicating that all work is completed including all punchlist items and is recommending the acceptance of the improvements and release of the; final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on December 3, 2014 and will extend through December 2, 2015. The final total construction costs for the project is $448,422,01 which is 1.3% over the original contract amount of 442,484.13. Added project casts are primarily related to added service piping and fittings required to complete the improvements. The project is being partially funded through theMN-DEED wafer system grant and through the levy of special assessments to the ben fitting properties.: A breakdown of the project casts compared with the previously approved budget is shown below. Post Construction Costs Authorized Project Budget Costs Total Project Costs: $543,194 $575,000 Funding sources DEED Water Agreement Funds: $228,560 $260,00 Water Enterprise Funds: $ 8 , 4 $286,000 Water Assessment Revenue: $29,000 $29,000 (10 Units at $2,900 error) Final payment will be made to the Contractor, including the release of all retained funds, upon receipt of all lien waivers, consent of surety, and IC-134s from the Contractor. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the improvements for the Well No. 4 Connecting V atermain Improvements and approving Pay Request No. 4 (Final)in the amount of 24,003.24. If removed from the consent agenda, the recommended motion for the action is as follows; "Move to accept the improvements for the Well No.. 4 Connecting T atermain Improvements and approve Pay Request No. 4 (Final) to Nor thclale Construction Compalin the amount of $24,003.24". ATTAC Mf NT }.; I CITE' OF LAKE ELMO, MN WELL NO. 4 CONNECTING PROJECT NO, 2013.131 WATERMAIN IMPROVEMENTS DATE OF ISSUANCE: , DECEMBER 2, 2014 OWNER: CITY OF LAKE ELMO MN CONTRACTOR: NORTHDALE CONSTRUCTIC N COMPANY, INC.. PROJECT NAME: WELL NO. 4 CONNECTING WATERMAIN II IPR.0 V__E ENTS PROJECT NO.: 2013.1 CompletionIs Certification of appliesThis Certification of Completion I de hereby certify that the work to which this Certificate applies his been constructed in accordance with the Contract dated APRIL 14, 2014. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recorturiended. DATE OF COMPLETION: DECEMBER 2,2014 Chad Isakson Reg.No.49028 FOCUS Engineering, Inc. THE WARRANTY PERIOD BEGINS DEC. 3,2014 AND ENDS DEC. 2, 201 PROJECT PAY FORM MARTIAL PAY ESTIMATE NO, 4 (FINAL) ENGINEERING, G, Inc. WELL NO.4 CONNECTING WATTERMA N IMPROVEMENTS EOD F ESTIMATE PROJECT NO, 2013.131 M 7/9/2014 T( 11/19/2014 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO NORTDALE CONSTRUCTION COMPANY INC. 3800 LA ERNE -AVENUE NORTH 9760 71ST ST. I LAKE ELMO, MIN 55042 ALB RTVILLE, MN 55301 Auld: JACK GRIFFIN, P,E., CITY ENGINEER ATTN. THOMAS 1 ILEBSKI CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY Approval Amount 1, Original Contract Amount $442,484,13 Date Additions Deductions 2, Net Change Order Sum F12 $5,937,88 1212/2014 $1,400,41 . Revised Contract {1+2 $4 8, 2 .01 1212/2014 $4,537A7 4, *Work Completed $448,422,01 5. *Stored Materials $C 00 6. Subtotal (4+5) $448,422,01 7. Retainage* 00 $CI 00 8. Previous Payments $424,418.77 TOTAL S $5,937.88 $0,00 9. Amount Due (6-7-8) $24,003..24 NET CHANGE $5,937A8 *Detailed Breakdown Attached CONTRACT TIM E START DATE 4/14/201.4 ORIGINAL CLAYS 86 ON SCHEDULE SUBSTANTIAL CCIMPLETIOW 6/9/2014 REVISED DAYS 0 YES FINAL COMPLETION: 7/9/2014 REMAINING -133 NO ENGINEER'S CERTIFICATION: FOCUS Engineering, Inc; The undersigned certifies that the work has been reviewed and to the r, 9 best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents, 11/19/2014 DATE CONTRACTOR'SCERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the Kest of their knowledge, information and belief the work covered by this payment A. _ estimate has been completed In accordance with the contract By documents, that all amounts have been paid by the contractor or f I u work for which previous payment estimates was issued and payments oA7E received from the fawner, and that current payment shown herein is now clue, APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY gy DATE DATE FOCUS Engineering, inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 4 (FINAL) WELL NO� 4 CONNECTING WATERMAIN IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO, 2013.131 FOCUSENGINEERING, inc. CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT CLUANTLTY AMOUNT QUANTITY AMOUNT I MOBILIZATION is 1 $19,640,77 $19,640,77 $0.00 1,00 $19,640,77 2 TRAFFICCONTROL LS 1 $2,275,00 $2,275.00 $0,00 1100 $2,275.00 3 CLEAR AND GRUB TREE CA S $375,00 $1,875V0 $0,00 $0.00 4 CONNECT TO EXISTING 12" WATERMA(N EA 1 $1,033,82 $1,033,82 $0,00 $0,00 5 CONNECT TO EXISTING 16" WAI ERMAIN EA 1 $3,353,64 $3,353,64 $0,00 lo S3,35364 6 6°DIP, CL. 52 WATERMAIN LF 40 $76,99 $3,075.60 $0,00 45.5 $3,498,50 7 12" DIP, CL, 52 WATERMAIN LF 76 $118,02 $8,969.52 $0,00 133.0 $15,696.66 8 12" HDPE WATERMAN, DIRECTIONAL DRILL LF 4,347 $50L57 $219,827.79 $0,00 4290,0 $216,945,30 9 6" GATE VALVE AND BOX EA a $1,214,39 $9,715,12 Woo 8A $9,715,12 10 12" GATE VALVE AND BOX EA 9 $4,755.14 $42,796.26 $0.00 9,0 $42,796,26 11 VALVE BOX EXTENSION LF 9 $139.70 $1,248,30 $0,00 - $0;00 12 HYDRANT EA 8 $6,752,79 $54,02132 $0,00 8.0 $54,022.32 13 HYDRANT EXTENSION IT 4 $991,24 $3,46934 $0,00 - $0,00 14 1" TYPE "K' COPPER WATER SERVICE IT 5 $31,09 $155,45 $0,00 4,5 $13%91 is I'TYPE "K' COPPER WATER SERVICE, DIRECTIONAL DRILL LF 220 $43,50 $9,570XI) $0,00 251:0 $10,919s0 16 1.5" TYPE "K" COPPER WATER SERVICE IT 65 $39.74 $2,583,10 $0Z0 101:5 $4,033,61 17 1,5' TYPE 'K" COPPER WATER SERVICE, DIRECTIONAL DRILL IT 215 $46A3 $10,068,45 $(loo 2394 $11,192,37 is I" CORPORATION:STOP W/ FUSABLE SADDLE EA 4 $46934 $1,871L96 $0,00 4,0 $1,878.96 19 1" CURB STOP & BOX EA 4 $712,75 $2,851,00 $0,00 4.0 $2,851,00 20 1,5" CORPORATION STOP W/ FUSABLE SADDLE EA 6 $527.08 $3,162,48 $0B0 6,0 $3,162AS 21 1,51, CURB STOP & Box EA 6 5755,16 $4,530,96 $ozo 6k $4,53096 22 OFF ROAD STRUCTURE MARKER EA 9 $71,25 $641,25 $0,00 $10 $570b0 23 DUCTILE IRON FITTINGS LB 1,500 $8,55 $12,825.00 $0,00 2205,0 $18,85175 24 POTHOLE EXISTING UTILITY EA 24 $275B0 $6,600,00 $0,00 23.0 $6,325.00 25 PATCH BITUMINOUS STREET Sy 25 $90.00 $2,250,00 - $(Loo $0.00 26 TOPSOIL BORROW (CV) CY LED $26,50 $2,650,00 10.00 $265b0 139 0 $3,445,00 27 SEED MIX 250 & EROSION CONTROL BLANKET SY 3,000 $1,60 $4,800,00 $Oko 6400b $10,240.00 28 SODDING SY 1,000 $4,57 $4,570D0 $0,00 29 SILT FENCE, MACHINE SLICED LF 350 $4,20 $1,470b0 $0m look $42000 30 STREET SWEEPER WITH PICK UP BROOM HIT 5 $115,00 $575.00 $0.00 4B $517,50 TOTALS - BASE CONTRACT $442,484.13 $265.00 $447,021A0 CHANGE ORDER NO. 1 col -I WATER SERVICE STUB PIT RESTORATION lo $I,043.63 $1,043,63 Lo $2,093,63 ik C0I-2 HYDRANT RESTOCKING FEE EA 10 $356,78 $356,78 1;0 1.0 $356,78: TOTALS - CHANGE ORDER NO. 1 $1,400,41 $1,400.41 $1,40OAl COMPENSATING CHANGE ORDER NO, 2 1XID $4,537,47 $4537AI` TOTALS - COMPENSATING CHANGE ORDER NO. 2 $4,537.47 $moo $cLoo TOTALS - REVISED CONTRACT $448,422,01 $1,665A1 $448,422.01 T1JE CITY O LAKE ELM COMMUNICATIONMAYOR & COUNCIL MATE: December 2, 2014 CONSENT ITEM AGENDA ITEM: Consider Approval val of 2015 Liquor License Renewals SUBMITTED : -1 eckie Gun atz, Deputy Clerk THROUGH ___ Dean Zuleger, City Administrator VIEWED BY: Adam dell, City Clerk/Assistant City Administrator Washington County Sheriff's Office (Pending) SUGGESTED ORDER OF BUSINESS: - Introduction of Item ....... ....... ............................ :................................... Staff m Report/Presentation..... . ... — ..... ........................................... ..... Staff Questions from Council to Staff .............. ................:........ Mayor Facilitates Call for Motion .. ........................................... ..... ..... Mayor & City Council Discussion ......... ............—.................. :...... .............. Mayor & City Council - Action on Motion ...... :.... -- ............................ ............... Mayor Facilitates POLICY RECOMMENDER: Staff FISCAL IMPACT: license application revenue of $8,150 SUMMARY AND ACTION QUESTED: The City has received liquor license applications for 2015, required tees, and insurance certificates. As all applications are in order, it is respectfully requested that the City Council approve these renewals as part of its Consent Agenda. If removed from the Consent Agenda, staff recommends the following motion; "Move to approve 2015 liquor License Renewals,, as presented. " LEGISLATIVEHISTORY: According to State Statute and City Code, each year, all Liquor Licenses must be renewed.. All renewals are contingent upon approve by the Washington County Sheriff, s Department, BACKGROUND INFORMATION: The City is respectfully requested to consider granting the following 2015 Liquor License applications; City Council Meeting December 2, 2014 [Consent Agenda Itein XA7 On -sale intoxicating liquor and On -Sale Sunday intoxicating license to Prom Management Croup (Operators of Tartan Park Restaurant) and to The Machine Shed Restaurant by Heart of America Restaurants'; contingent upon approval by the Washington County Sheriffs Department. On -sale intoxicating liquor, Off -sale intoxicating liquor and On -sale Sunday intoxicating license to the Twin Point Tavern and Lake Elmo Inn including the outside patio; contingent upon approval by the Washington County Sheriff's Department. Off -sale intoxicating liquor license to Village Wine & Spirits; contingent upon approval by the Washington County Sheriff s Department. On -sale intoxicating liquor license (second location) for the Lake Elmo Inn Event Center; contingent upon approval by the Washington County Sheriff s Department. Lake Elmo Wine Company has not renewed their license as they are no longer in busijte,ss. RECOMMENDATION. As all applications are in order, it is respectfully requested that the City Council approve all liquor license renewals. As part of its Consent Agenda, no formal motion is required. If removed from the Consent Agenda, staff recommends the following motion: LAKE ELMO COMMUNICATIONMAYOR & COUNCIL DATE. CONSENT AgreementServices k! a !! M 1 4 THROUGH. Mayor Mike Pearson REVIEWED BY. .* Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS CiLrentoved from Lfflsent ; Introduction of f Staff Report/Presentation. .. . . Stiff Questions from Council to Staff....... ..Mayer Facilitates Call for Motion ......... ...Mayor & City-Coun, ei Discussion -Mayor & city Council Action can Motion ,..,..... , . . ....... .... — ....... -- ..... .................. ...... .........Mayor Facilitates reducesFISCAL IMEACT. The agreement • for l estimatedinspection costs. In 2012, this was *-$25,000-$27,000 per year. SUMMARY AND ACTION RV 11VESTED: CouncilThe •ectfully requested to renew contract with Washington County staffinspection of Private Septic Systems for FY 2015-2016. As pwl of its Consent Agenda, no formal motion is required. If removed from the Consent Agenda, Between LEGISLATIVE HISTORY: To better serve its taxpayer and reduce costs, the City of Lake Elmo has contracted in the past with Washington County for septic system inspections. This agreement allows for one -stop City Council Meeting [Consent Agenda Item 9] December 2, 2014 Permit approval process for the taxpayer installing / modifying a private septic service. The current agreement expires at the end of 2014. BACKGRORFIpo,RT.. Staff has evaluated the contract based on service delivery, cost to the City, and cost to the taxpayer. The agreement places the certification process in the hands of the technical experts of Washington County. Experientially, the lines of communication and troubleshooting effbAs between the City of Lake Elmo and Washington County are very good and result in efficient turnaround service for our taxpayers. REC9MMENDAT1O,N- Based on the aforementioned information, the City Staff recommends approval of the Agreement, As part of its Consent Agenda, no formal motion is required. If removed from the Consent Agenda, staff recommends the following motion* "Move to Approve of the Subsurface Sewage Treatment Inspection Services Agreement Between the City ofLake Ehno and Washington Countyfor Private Sotic System Inspections. 11- ATTACHMENTS: 1. Washington County Letter from Girard Goder, Environmental Program Supervis 2. Washington ] County Subsurface Sewage Treatment Inspection Services Agreemin MEN November 6, 2014 C i ity of Lake Elmo Adam Bell 3800 Laverne jAve N f ALLLng& Department of Public Mal•draffirm I Washington County, through its Department of Public Health and Environment (Department), has historically provided, and it is the county's desire to continue to provide, septic system permitting and inspection services for the City of Lake Elmo. The most recent Agreement between the city and the county will expire on December 31, 2014. Please be assured there will be no interruption of service to the city while we workjointly to execute a new Agreement. The changes to the Agreement include: TERMS AND EFFECTIVE DATE — Dates changed to reflect effective date of January 1, 2015 and termination date of December 31, 2016. Please review the enclosed Agreement, and, if the language is satisfactory, return the signed original Agreement to the attention of Stephanie Holt. We will send a fully executed copy of the Agreement the city as soon as it is signed by the County Board Chair and County Administrator. If, however, th are paragraphs in the Agreement you would like to discuss, please contact our Department at your earliest convenience. I We would also like to use this opportunity to remind you that the Department is currently in the process of revising our Subsurface Sewage Treatment System Ordinance. If there are any questions regarding this process, please let us know, We look forward to continued service to your community. If you have any questions or if we can be of further assistance, please contact me at 651-430-6768 or via email at girard.goder@co,wasliijigtoii,mn.us or Stephanie Holt at 651-430-6678 or via email at stephanie.hol t@co wash ington.mn us. N� X Girard Coder Environmental Program Supervisor Enclosure: Agreement Government Center - 14949 62nd Street North — P,O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6655 - Fax: 651-430-6730 - TTY: 651-430-6246 www.co,washington,mn.us Equal Employment Opportunity I Affirmative Action This agreement is made and entered into, by and between the County of Washington (hereinafter referred to as the County) and City of Lake Elmo (hereinafter referred to 8 the City). 1. WITNESSETH WHEREAS, the City adopted the County's Subsurface Sewage Treatment System Regulations Ordinance #179 (Washington County Development Code Chapter 4), hereinafter SSTSRO, regulating subsurface sewage treatment systems, which applies to all areas of the City; and ill i ill ill il IN i IBM I'M 1111�a� M The County agrees to provide, through its Department of Public Health and Environment, subsurface sewage treatment system inspection services for the City. The County shall provide a Qualified Employee(s), as described in Minn. Rule 7083. 1010 and 7083.0020 subp 17� 2. The standards of performance, method of providing subsurface sewage treatment system inspection services, and other matters incident to the performance of services under this Agreement, including personnel to be employed, shall be determined by the County. The City shall be notified in advance of any proposed changes in standards of performance or methods of providing services. The County shall provide the necessary SSTS application review and sewage system plan approval as required by laws, regulations and ordinances, provide all job site inspections of projects under permit, and conduct special inspections as deemed necessary to ensure compliance with the SSTSRO. Services shall include clerical support incidental to the performance of this agreement. 4The County shall provide and issue all sewage permits as required by the SSTSRO, existing laws or regulations and shall maintain records of all such permits. If the City requests a copy of a • permit, the County shall provide a copy to the City within 5 (five) working days. 5 The County shall send a copy of the County's issuance of a certificate of compliance of the sewage system's completion to the City within 10 (ten) working days of the County granting the certificate. W - -• 7. The County shall advise the City if a misdemeanor citation is warranted for any violation of a sewage permit or SSTSRO- 8. The County may request appropriate actions or proceedings be brought by the City, to prevent, restrain, correct or abate violations or threatened violations of a sewage permit or SSTSRO. 9The County will cooperate with the City's officials and/or employees in fulfilling its obligations under this Agreement. In areas not served by municipal sewer, the City shall not issue a building permit for new dwelling construction and/or for the addition of bedrooms until the County has issued a sewage permit for the new construction and/or addition • bjedroom& 3 Upon request from the County the City shall issue a stop work order on projects commencing construction prior to the issuance of a sewage permit. 4. The City is responsible for commencing appropriate actions or proceedings to prevent, restrain, correct or abate violations or threatened violations of a sewage permit or SSTSRO and shall represent the County during appeals of the administrative remedies issued by the County. 5 The City may issue misdemeanor citations for violations of the SSTSRO or sewage permit. 6. The City shall not issue a certificate of occupancy for new construction or the addition of bedrooms prior to receipt of the County' s certificate of compliance, 2 T The City, and its agents and employees, will cooperate and assist the County in the performance of this Agreement. & In the event of County SSTS Ordinance revision, the City may adopt a revised SSTS Ordinance which is consistent with or more restrictive than the County's revised SSTS Ordinance no more than 12 (twelve) months after the County revised SSTS Ordinance has been adopted. The County shall establish the schedule of fees for its subsurface sewage treatment system inspection services. The septic permit application and installation fees shall be in accordance with the fee schedule adopted annually by the Washington County Board of Commissioners. The County shall collect, receipt for, disburse, and maintain records for all fees and charges collected incident to the administration of subsurface sewage treatment system inspection and permit services contained herein. Fees and charges shall be due and payable by the applicant upon issuance of the permit and will be collected by the County from the applicant for said permit. 2. The City agrees that in payment for the subsurface sewage treatment system inspection and permit services provided by the County that the County shall retain, out of the fees and charges collected incident to this service, an amount equal to one hundred percent (10011/6) of all SSTS permit fees. 1 The City shall not assume any liability for the direct payment of any salary, wage, or other compensation to any County employee performing subsurface sewage treatment system inspection services pursuant to this agreemea OEM= M MMEMM� The City agrees that it will indemnify and hold harmless the County, its officers an employees, against any and all liability, loss, costs, damages and expenses which the County, its officers or employees may hereafter sustain, incur, or be required to pay arising out of the City's negligent performance or failure to adequately perform its obligations pursuant to this Agreement� this Agreement. The City further agrees that in order to protect itself, as well as the County, under the indemnifications provisions set forth above that it shall at all times during the terms of this Agreement, provide maximum tort liability limits as set forth in Minnesota Statute, Sections 3.736 and 466.04. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed a substantial breach of contract. The County further agrees that in order to protect itself, as well as the City, under the indemnifications provisions set forth above that it shall at all times during the terms of this Agreement, provide maximum tort liability limits as set forth in Minnesota Statute, Section 466.04, This provision shall be set as a condition subsequent, failure to abide by this provision shall be deemed a substantial breach of contract. 4. Tile provisions of Minn. Stat. 181.59 and of any applicable ordinance, relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein, and M shall be part of any Agreement entered into by the parties with any contractor, subcontractor, or material suppliers. Merger and Modification 6. It is understood and agreed that the entire Agreement between the parties is contained here and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. Severability 7. Every section, provision or part of this Agreement is declared severable from every other section, provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. MOIRE= The effective date of this agreement shall be January 1, 2015, notwithstanding the date of the signatures below. 1 This agreement shall fun until December 31, 2016, at which time it will automatically terminate unless it is renewed by offl action of both the City and the County prior to the termination date. Notice of either the City's intent or the County's intent not to renew the agreement should be given to the other party ninety (90) days in advance ofthe December 3 1, 2016, termination date. IN WITNESS WHEREOF, the City has caused this agreement to be signed by its Mayor and attested to by its Clerk, and the County of Washington, by order of its Board of County Commissioners, has caused this Agreement to be signed by its Board Chair and attested to by its County Administrator. By: Mayor Date: 0 I By: Chair, Board of Commissioners Date: By: County Administrator Approve as to Form: Assist arfeWashington County Attorney ITEM # 11a&t AGENDA ITEM: Final Plat Submission Extension for Village Preserve and Village Park Preserve Residential Subdivisions SUBMITTED BY: Flick M. Johnson, City Planner THROUGH: Dean- ule er, City Administrator REVIEWED BY; Lyle Klatt, Community Development Director SUGGESTED ORDER OF BUSINESS: r Introduction of Item ...t ..-.............. .........Community Development Director Repoit1Pr entat o............................. Community Development Director Questions from Council to Staff .......... ................... ......... ...... Mayor Facilitates Call for Motion .............................. ......:................... Mayor & City Council Discussion ................... .......... ................ .................. Mayor & City Council Action. on Motion.. ............... ...............:......................... Mayor Facilitates POLICY CCOMENDERt Staff is recommending that the City Council approve a request by GWSA Land Development, L,LC to extend the Final Plat submission deadline for both the Village Preserve and Village Park Preserve residential subdivisions. FISCAL IMPACT: TBD — The City will require that the applicant enter into a developer's agreement with the City to specify the financial responsibilities for various aspects of the subdivision and related public improvements:_ SUMMARY .AND ACTION q ESTED, The City Council is being asked to consider a request from GWSA Land Development, L,L,C to extend the Final Plat submission deadline for both the Village Park Preserve and Village Preserve residential subdivisions. The City's subdivision ordinance requires a Final Plat application to be filed within 180 days ofPreliminary Plat approval for a proposed subdivision: The Village Park Preserve Preliminary Plat was approved on September 16, 2014 (Resolution 2014-74). The Village Preserve Preliminary Plat was approved on July 15, 2014 (Resolution 2014-59). Both residential subdivisions are located in the Village Planning Area. GWSA Land Development, LL,C is requesting a 6-month extension --- for the submission of the Village Park Preserve Final Plat, as well as an 1 -month extension for the Village Preserve Final Plat. Both requests relate to the immediate availability of utilities, as -- page l -- City Council Meeting December 2, 2014 [Consent Agenda Item I 0a&b] well as the outcome of a upcoming storm water management study being completed by the Valley Branch Watershed District. Stiff �f is recommending that the City Council approve, the request to extend the Final Plat submission deadlinefor the Village Park Preserve residential subdivision through the.following motion: Village Park Preserve residential suhdi hy 6 months. In addition, toff pprove is recommending that the City CounciI a the request to extend the Final Plat submission deadlinefbr the Village Preserve residential subdivision through the; flowing motion: I "Move to adopt Resolution No. 2014-91Y extending the Final Plat submission deadlinefor the Village Preserve residential subdi by 18 months. 11 z IRMA I M �ffrll UMIMMOMPIWI Hrt Sturinwatur. MIS stuuv is critium in 1111al Zing U 111141 STO ter IUUIIUgVIUCIIL PIUII ror in Village Preserve residential subdivision. The requested extensions provid a rea,sonabl timeframe to move into construction for both residential subdivisions given the existin conditions surrounding each site. Weaknesses: None Opportunities: Approval of the Final Plat submission extensions will allow the applicants enough time to complete the Final Construction Plans for the residential subdivisions within a more reasonable and appropriate timeframe. Threats: The delay of the submission of Final Plat does delay future payment of sewer and water availability charges for the proposed subdivisions. However, given the circumstances of each site, Staff views the requested extensions as reasonable solutions to resolve the outstanding issues and preparation of Final Construction Plans. City Council Meeting Deceniber 2, 2014 [Consent Agenda Item I Oa&bj Based on the qf6rementioned, Stqf ,f'i,v recommending that the Citv Council approve the request to extend the Final Plat submission deadline.for the Village Park Preserve residential subdivision through, thefolloiving motion: W 1 0t � -w ewt-MA, W� r wA *Yie&AuO�AW Village Park Preserve residential subdivision by 6 months. 11 In addition, Stqf ,f is recommending that the Ciiy Council approve the request to extend the Final Plat submission deadlinelbr the Village Presene residential subdivision through thefollowing motion: "Move to adopt Resolution No� 2014-91, extending the Final Plat submission dead"efor the Village Preserve residential subdivision by 18 months. " 1. Resolution No. 2014-90 2. Resolution No. 2014-91 3. Village Park Preserve and Village Preserve Extension Requests 4. Location Map 5. Resolution No. 2014-74: Village Park Preserve Preliminary Plat Approval 6. Resolution No. 2014-59: Village Preserve Preliminary Plat Approval WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850 Old County Road 15, Suite 200, Plymouth, MN, submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for a I 00-unit single family subdivision on an approximately 64 acre parcel in the Village Planning Area (PlDs: 13.029.21.43.0004 and 13.029.21 A4.0002) to be called Village Park Preserve, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, on September 8, 2014, the Lake Elmo Planning Commission reviewed and recommended approval oft Village Park Preserve Preliminary Plat; and WHEREAS, on September 16, 2014, the Lake Elmo City Council adopted Resolution 2014-74, approving the Village Park Preserve Preliminary Plat; and WHEREAS, CI SA Land Development, LLC has requested a 6-month_extension to the Final Plat submittal deadline of the approved plan to allow for additional time to prepare Final Utility and Stormwater Management Plans; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve a 6-month extension to the Final Plat deadline for the Village Park Preserve residential subdivision, thereby extending the Final Plat application deadline to September 16, 2015. Passed and duly adopted this 2nd day of December 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor R Resolution 2014-90 CITY OF LAKE ELMO "A agm U, fm A RESOL UTION APPR 0 VIN G AN EXTENSION FOR THE FINA L PLA T A PPLICA TION DEADLINE FOR THE VILLAGE PRESERVE RESIDENTIAL SUBDIVISION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLB', 10850 Old County Road 15, Suite 200, Plymouth, MN, submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for a 97-unit single family subdivision on an approximately 40-acre parcel in the Village Planning Area (PID: 12. 29.21.33. 001) to be called Village Preserve, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, on June 30, 2014, the Lake Elmo Planning Commission reviewed and recommended approval of the Village Preserve Preliminary Plat; and WHEREAS, on July 15, 2014, the Lake Elmo City Council adopted Resolution 2014-59, approving the Village Preserve Preliminary Plat; and WHEREAS, GWSA Land Development, LLC has requested an 18-month extension to the Final Plat submittal deadline of the approved plan to allow for additional time to prepare Final Utility and Storrawater Management Plans; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve an 18-montb extension to the Final Plat deadline for the Village Preserve residential subdivision, thereby extending the Final Plat application deadline to July 15, 2016. Passed and duly adopted this 2nd day of December 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor Resolution 2014-91 EGON"YIA, ■:. Nickjohnson City Planner <City #Lake Elmo | < . Lake Elmo, MN 55042 a� .z. °-2 # � �■�. £� »�.�. . �v.J .�! � w� .:<>�< � « � « : ■<� »�;. ��� ,.��<.�.,z:,:.. �. .«■ <.: <,� -«�z . � . z !.� » � »:■.�&�. C 1 , �)\y � / ~ \�.����-»» t � ICraig Allen Principal -Gonyea Company GONYEA 11 Si M Nickjohnson City Planner City of Lake Elmo db Lake Elmo, MN 55042 Due to this delay and the uncertainty, we immediately b- ., recevepreimnarypaapprovaoneptember 16,2014, Our plan is now to start developing Village Park Preserve in late spring/early summer 201S which will include extending sewer north to Easton Village, 39th Street and ultimately stub into our Village Preserve development Thank you for your consideration. Cc rI I -Craig Allen Principal - Gonyea Company iSTATE OF, MINNESOTA A RESOLUTIONAPPROTIING A PRELIMINARY PL4T FOR T77.LI GE PARK PRESER VF, WHEREAS, the City of Lake Elmo is a municipal corporation organized ed and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850Cold County Road IS, Suite 200, Plymouth, MN, has submitted an application to die City of Lake Elmo (City) for a Preliminary Plat for a 104-unit single family subdivision on an approximately 64 acre parcel in the Village Planning Area (Pl s. 13.029.21.43,0004 and 13.029.21.44.0002) to be called Village Park Preserve, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on September 8, 2014 to consider the Preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission adapted a motion recommending approval of the Preliminary Plat subject to 13 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and reconnniendation concerning the Preliminary flat as part of a memorandum to the City Council from City Planner Nick Johnson for the September 16, 2014 Council Meeting, and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on September 16, 2014 and made the fallowing findings of fact:; 1) That the Village Park Preserve Preliminary Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area conditioned upon receiving final approval for the Metropolitan Council for the Comprehensive Plan Amendment for the Holliday parcel. ) That the Village Park Preserve Preliminary Plat complies with the City's LDR- Urban Low Density Residential zoning district. 3) That the Village Park preserve Preliminary flat complies with the City's Subdivision Ordinance. 4) That the Village Park Preserve Preliminary Plat meets other City zoning ordinances, such as landscaping tree preservation, erosion and sediment control, and other ordinances, except where noted in the conditions of approval or the attachments to this report, Resolution 2014-74 5) That the Village Park Preserve Preliminary Plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated September 4, 2014, ) That the Village Park Preserve Preliminary Plat provides effective and safe pedestrian facilities, providing access to Reid Park and a future connection to downtown Lake Elmer, contributing to a walkable community as guided by the Village Land Use Plan. 7) That the Village Park Preserve Preliminary Plat provides a significant expansion of Reid Park, as recommended by the Village Land Use Plan. ) That the Village Park Preserve residential subdivision will allow for the completion of the Village Parkway minor collector road from 20rr' Street to Easton Village, providing a critical transportation improvement needed for the Village Planning Area. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Village Park Preserve Preliminary Plat subject to the following conditions: 1) The Metropolitan Council must approve the Comprehensive Plan Amendment for the Holliday parcel in advance of the City's consideration: of an application for Final Plat for the Village Park Preserve Subdivision, 2) In advance of Final Mat application, the applicant shall provide adequate title evidence satisfactory to the City Attorney. 2) All required modifications to the plans as requested by the City Engineer in a review memorandum dated September 4, 2014 shall be incorporated into the plans prior to consideration of a Final flat. 4) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements. ) The developer shall fallow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 6) Related to the proposed storm water discharge to the south, the applicant must provide written permission from all property owners of the affected parcels located south of the proposed 30t" Street culvert consenting to the discharge location, volume and rate(s) in advance of submitting Final Plat.- 7) The applicant shall be responsible for the submission of final plans and the construction of all improvements within the 0"' Street right-of-way as required by the City and further described in the review memorandum from the City Engineer dated September 2014., ) `t'Ire applicant shall observe all right-of-way and other requirements included in a review memorandum from Washington County dated September 2, 2014. Resolution 014h-7 9) The Landscape Plan shall be updated per the recominendations of the City'Landscape Consultant, describe in a memo dated September 4, 2014. Tree protection measures for trees intended to be saved according to the submitted Tree Survey must be included in the Final Landscape Plan. 10) The applicant must enter into a separate grading agreement with the City prior to the 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 filial plat, and said plan shall document extent of any proposed grading on the site. 12) The developer shall obtain all required pen its from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. 13) The developer shall submit a letter from the Metropolitan Airports Commission agreeing to design ofstorm water facilities acceptable to the City prior to submitting Final Plat application. Passed and duly adopted this 16th day of September 2014 by the City Council of the it of Lake Elmo, Minnesota, i -e Pearson, Ililayot A 5cTa-1;Tnbell, Cit yv?C5crik-07z-- 3 Resol-utiOD 2014-74 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-59 A R E SOL UTION A PPR 0 VING A PRELIA41NA R)* PLA T FOR VILLA GE PRE,5ER VE WHERE AS, the City of Lake Elnio is a municipal corporation organized and existing tinder the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850 Old County Road 15, Suite 200, Plymouth, MN, has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for a 97-unit single family subdivision on an approximately 40 acre parcel in the Village Planning Area (PID: 12,029.21 .33.0001) to be called Village Preserve, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on June 30,2014 to consider the preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat subject to 13 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council from City Planner Nick Johnson for the July 15, 2014 Council Meeting; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July 15, 2014 and made the following findings of fact: i } 'rhat the Village Preserve Preliminary Plat is consistent with the Lake Elrno Comprehensive Plan and the 1�uture Land Use Map for this area. 2) That the Village Preserve Preliminary Plat complies with the City" s MDR- Urban Medium Density Residential zoning district. 3) That the Village Preserve Preliminary Plat complies with the City's subdivision ordinance, 4) That the Village Preserve preliminary plat rneets other City zoning ordinances, such as landscaping, tree preservation, erosion and sediment control, and other ordinances, with the exceptions noted in the conditions of approval, 5) That the Village Preserve preliminary plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated June 23, 2014. 6) That the Village Preserve preliminary plat provides effective and safe pedestrian facilities, contributing to a walkable community as guided by the Village Land Use Plan, Resolution No. 2014-59 NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Village Preserve Preliminary Plat subject to the following conditions: 1) Within six months of preliminary plat approval, the applicant shall complete the following: a. The applicant shall provide adequate title evidence satisfactory to the City Attorney, b. The applicant shall submit a revised Preliminary Plat and plans meeting all conditions ot'approval. All of the above conditions shall be met prior to the City accepting an application for Final Plat and prior to the commencement ofany grading activity on the site, 2) Tile City Engineer shall review and approve all revised Preliminary Plans that are submitted to the City in advance of Final Plat to satisfy Condition * 1, 3) The Preliminary Plat approval is conditioned upon the applicant meeting all minimum City standards and design requirements, 4) All required modifications to the plans as requested by the City Engineer in a review letter dated June 23, 2014 shall be incorporated into the plans prior to consideration of a Final Plat, 5) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from Valley Branch Watershed District prior to the cornmencernent of any grading or development activity on the site, 6) Related to proposed storm water discharge to the north, the applicant must provide written permission frorn the property owner of the parcel located immediately north of the proposed Village Preserve subdivision consenting to the discharge location, volume and rate(s) in advance of submitting Final Plat, 7) The applicant shall be responsible for the submission of final plans and the construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated June 24, 2014, 81 The Landscape Plan shall be updated per the recommendation of the City's Landscape Consultant, describe in a memo dated 6/25/14, 9) The developer shall be required to submit an updated parkland dedication calculation in advance of Final Plat to clarify the proposed amount of dedication being provided in the Village Preserve Subdivision, For whatever amount of land the applicant is short of tile required parkland dedication amount, the: -applicant will either: a: Subdivide the parcel under contract with Schittgen Farms, Inc. and dedicate the land being proposed for parkland dedication east of Reid Park; or b: Post all escrow in the amount equal to the fees in lien of land dedication for the equal market value of the remaining land dedication requirement for Village Preserve until such time the land is dedicated east of Reid Park. R"olution No. 2014-59 10) Secondary access to the site must be provided as part of the 2mi phase of the Village Preserve Subdivision, Said access must be included in the Final Plat and final construction documents for the 2n(i phase of the development. 1) The applicant must enter into a separate grading agreement with the City prior to the commencement of" of 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. 12) Application for Final Plat for the Village Preserve subdivision will not be accepted until approved plans for the extension of sanitary sewer to the site have been accepted or ordered by the City, 13) All of the outlots within the Village Preserve Preliminary Plat that serve as parkland or storm water management shall be dedicated to the City. Passed and duly adopted this 15'r day of July 2014 by the City Council of the City of Lake Elmo, Minnesota. ay—(;r Mike PAearson, ayor City Clerk Adam Bell, Cgr� Resolution No, 2014-59 THE', CITY OF LAKE ELMO MAYOR& COUNCIL COMMUNICATION DATE. December 2, 2014 REGULAR ITEM# 11 AGENDAITEM: Approve 2015 Final General Fund, Debt Service Fund & Library Fund Annual Budget and Tax Levy SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Finance Committee SUGGESTED ORDER OF BUSINESS: - Introduction of Item ............... — .......................... — ........:..........Finance Director - Report/Presentation .................. Finance Director/Finance Committee Chair - Questions from Council to Staff ........................ ............ ....... Mayor Facilitates - Call for Public Heating ............ ........... — ... - ...................... Mayor Facilitates - Close Public Hearing ...............................::...............Mayor Facilitates - Discussion .......... — ....... .................................. -- ..... ..... Mayor & City Council - Action on Motion... ................ .............. ................... Mayor Facilitates POLICY RECOMMENDER: Finance Director and Finance Committee SUMMARY AND ACTION REQLLSTED: Pursuant to State law, the City is required to hold a Truth in Taxation hearing regarding the adoption of the 2015 General Fund, Debt Service Fund and Library Fund Budgets. The City Council is asked to approve the Final 2015 Annual Budget and Levy for these funds and hold a public hearing. BACKGROUND INFORMATION: The City of Lake Elmo has both the legal and fiduciary authority and responsibility under Minnesota State Statute to adopt a 2015 General Fund, Debt Service Fund and Library Fund annual budgets; all of which impact the annual Property Tax Levy. On September 2, 2014, the Preliminary Annual Budgets for these funds were approved and subsequently certified to Washington County. The final levy and budgets for these funds must be adopted and certified to Washington County by December 28th, 2014, after holding a Truth in Taxation hearing. -- page I -- City Council Meeting [Regular Agenda Item I I] December 2, 2014 STAFF REPORT: At the budget workshop on August 13, 2014 the City Council reviewed all in-depth budget and levy presentation for 2015 related to the General Fund. At the budget workshop on August 26, 2014 the City Council reviewed an in-depth budget and levy presentation for 2015 related to the Library Fund, No further changes were identified since that time and as such the City Council is respectfully being asked that the budgets be made final and the 2015 Levies be adopted. RECOMMENDATION- It is recommended that the City Council hold a public hearing related to these budgets and if no issues arise as a result, pass • 2014-92, thereby approving the final 2015 General Fund, Debt Service Fund and Library Fund Annual Budget's and Levies • undertaMng the • motion - Fund and Library Fund Annual Bw�get's and Levies" ATTACHMENT: 1. Resolution No. 2014-92 7 AND ADOPTING THE 2015 GENERAL FUND BUDGET WHEREAS, the City Council has conducted budget council workshops and meetings to review the 2014 Tax Levy, collectible in 2015, and the final 2015 General Fund, 2015 Debt Fund, and 2015 Library Fund Budgets; and WHEREAS, the City is required to adopt a final 2015 general fund budget payable 2015 and certify its final property tax levy payable in 2015, WHEREAS, the City of Lake Elmo held it's Truth in Taxation hearing on December 2, 2014; WHEREAS,, the City of Lake Elmo closed the public hearing on the 2015 General Fund, Debt Fund and Library Fund budgets at the close of the meeting on December 2, 2014 without need for continuation, BE IT RESOLVED that the City adopts the final 2015 General Fund, Debt Fund and Library Fund Budgets, BE IT FURTHER RESOLVED by the Council of the City of tAke Elmo, County of Washmigton, Minnesota that the following sums of money be levied for the current year, collectible in 2015, upon taxable property in the City of Lake Elmo, for the following purposes - Total General Fund Levy $2,421,588 Total G.O. Debt Levy $ 484,814 Library Levy $ 231.261 Total Levy $3,137,663 BE IT FUTHER, RESOLVED that the City Clerk is hereby instructed to trAnsmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota. Mike Pearson Mayor AGEI' DA ITEM. � 1 ' THROUGH: REVIEWED BY. REGULAR ITEM # I InWood EAW (Hans Hagen Homes) Response to Comments, Findings of Fact, record of Decision and Declaration of No Need for an EIS Kyle Klatt, Community Development Director ean;Zuleger, City Administrator Nick Johnson, City Planner Jack Griffin, City Engineer (Drafted by flans Hagen Homes) SUGGESTED ORDER OF BUSINESS: - Introduction of Item ..................................... Community Development Director - Report/Presentation .... ...... . . .................Community Development Director Questions from Council to Staff........ ... . . Mayor Facilitates - Call for Motion ....................:.................................... Mayor & City Council - Discussion . ..... ........:................< .....,...................... Mayor & City Council - Action on Motion ........:.......:................... .............:......... Mayor Facilitates POLICY t COMENDER: With the end of the comment period for the InWood Environmental Assessment Worksheet (EAW), the City Council must respond to the comment received and establish findings of fact related to the comments. As part of this process, the Council must also decide on whether or not to :require an Environmental Impact Statement (EIS) for the project; Staff is recommending that the City Council adopt the attached Resolution and official response to comments as drafted by Hans Hagen Homes and reviewed. by Staff. FISCAL IMPACT. None — Hans Hagen Homes has prepared the EAW and has drafted the attached document. Staff has been involved in reviewing the developer's work and revising the documents to address City comments and. concerns. SUMMARY AND ACTION REQLLSTED. The City Council is being asked to approve a response- to comments, findings of fact, and record of decision for the InWood f'U Environmental Assessment Worksheet (EAW). As a part of this review, the Council i also being asked to adopt- a resolution approving the InWood EAW and finding no need for an -- page I City Council Meeting [Regultv-Agenda Item 12] peck ber 2, 2014 Strengths * The EAW and supporting documents will help identify and -- page 2 -- City Council Meeting [Regular Agendet Item 12] December 2, 2014 mitigate any potential environmental impacts associated with the proposed InWood PUD development, * The EAW and comments received do not indicate that any further environmental analysis is necessary. Weaknesses 0 The EAW does identify potential impacts that can be mitigated through the development review process. Opportunities * The EAW provides the City (and reviewing individuals and bodies) with the opportunity to review and address potential environmental issues prior to any development taking place. Threats * The City will need to follow through on the recommendations and comments that were received through this process. for an Environmental Impact Statement." 1. Resolution No. 2014-93 2. Response to Comments, Findings of Fact, and Record of Decision — InWood EAW WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, under Minnesota Rules Part 4410.1100 Subp 6. (EAW Decision) the City of Lake Elmo ordered the preparation of an EAW for the InWood PUD Mixed -Use Development Proj ect. WHEREAS, on August 19, 2014, an EAW was completed for the InWood Project, which will be located on approximately 157 acres of primarily agricultural land in the southwestern portion of Lake Elmo. The project is proposing 275 single-family lots, 264 multi- family units, and 90,870 square feet of commercial space; and WHEREAS, beginning on;September 8, 2014, copies of the EAW were distributed to all persons and agencies on the official Enviromnental Quality Board (EQB) mailing list and other interested parties; and WHEREAS, on September 29, 2014, the EAW was publicly noticed in the EQB Monitor, commencing the 0-daypublic comment period; and 1 11 1 111� I N PRIME I I• WHEREAS, the City of Lake Elmo accepted and responded to all written comments received, NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following, 1) The EAW was prepared, pubfished, and distributed in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410 1000 to 4410.1700 (1997). 2) The EAW, combined with the supplernental information contained in the Response to Comments, satisfactorily addressed all the issues raised and comments received for which existing information could have been reasonably obtained, and further investigation is therefore not required. 3) Based on the criteria established in Minnesota u es Part 4410.1700, e proje t does not have the potential for significant environmental effects. 4) City of Lake Elmo makes a "Negative Declaration" on the need for an EIS. 5) The City of Lake Elmo City Council adopts a "Negative Declaration". 7) The City of Lake Elmo shall maintain a Record of Decision, including the Response to Comments on the EAW, and will notify in writing, within five days, all persons on the EAW distribution list, all persons who commented in writing during the 30-day comment period, and any other person upon written request. City of Lake Elino will also send notice of this decision to the project proposer and the is Passed and duly adopted on this 2nd day of December, 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor Adam Bell, City Clerk M= The motion for the adoption of the foregoing resolution was duly seconded by mernber and upon vote being taken thereon, the following voted in favor thereof and the following voted against same: Whereupon said resolution was declared duly passed and adopted, ■! � ___�: City of Lake Elmo RESPONSE 2# COMMENTS, #?<I»T AND RECORD FDECISION FOR THE ?:Wood 2Environmental Assessment o kshe :.«: y: M.- INTRODUCTION . . . . . . . . . . . . ............. < COMMENTS RECEIVED . . . . . . . .............. .. . .. PROJECT . . Project Description . RESPONSE TO COMMENTS Item C. South Washington Watershed wDistrict; Item D. Minnesota De,«w,w£ Transportation .. Item F. Minnesota Department Natural *®: .1+ FINDINGS OF F» : aECISION REGARDING «:,<#�BOOKMARK NOT Q15FINED. Criteria for Determining teethe ., Project has the Potential for Significant :s ... RECORD OF « y;«2 :1 City of Lake Elmo AND RECORD OF DECItION FOR THE Inwood Environmental Assessment Worksheet (EAW) I rem The City of Lake Elmo is the Responsible Governmental Unit for this project. The Project Proposer is Hans Hagen Homes. Now the proposed project. The EAW was made available for public review at Lake Elmo City Hall. The EAW public comment period concluded on October 29, 2014. M Six agencies submitted written comments on the EAW, and all of the comments were dated or received prior to the comment period deadline. Copies of the comment letters are included at the end of this document. The following table lists the cornment letters received: Page 3 111111111i F I �i 117111�1�� 1112111111 1 �iil i illil� 11; Hans Haaen Homes and Inwood 10, LLC are pronosina to construct a mixed use development consisting of commercial, multi -family, and single family homes on approximately 157 acres, The vroposed land uses are consistent with the City's ComDrehensive Plan. The detached sinele faini1v neighborhood occu-oies anproximately 90 acres and will include 278 single family, lots. The multi -family will include an additional 458 units consistine of: 1) 176 rental townhornes, 2) 120 senior housine units, 3) 150 multifamily units, and 4) 12 townhomes. The commercial land uses will consist of approximately 73,000 square feet of office and retail 'Uses. Develooment of the'property will occur in multiple phases with the first Dhase expected to be in 2014. Full build -out is anticipated in 2020; however, construction tinning will ultimately depend upon market conditions. The proposed Inwood exceeds this mandatory EA W threshold and will include 275 single-family units, and 264 multi -family units. Site Description and Existing Conditions The existing site conditions include the following Cover -types on the Property: Estimated Before and After Cover Types M 1. The number of single family homes was reduced from 278 to 275 units, 2. The number of multi -family sousing units was reduced from 458 to 264 units. The amount of commercial increased from 73,000 to 90,870 square feet. The change in the above land uses is a result of the City's desire to see less multi -family housing and more commercial, Specially, the multi -family housing in the northwest corner of the property was replaced with 33,000 square feet of commercial. While there is a slight increase in the amount of commercial space, the reduction of 197 residential units off sets the potential for any significant environmental effects. Minnesota Rules 4410.1600 states that the comments shall address the accuracy and completeness of the material contained in the EAW, potential impacts that may warrant further investigation before the project is commenced, and the need for an EIS on the proposed project. Comments that do not address these areas have been noted for the record, but are not necessarily addressed in the response. As part of the process in determining whether an EIS is needed, City of Lake Ehno must respond to all substantive comments received during the 0-day comment period (Minnesota Rules 4410.1700, Subp. 4 and 5). The City received written comments from six goverrunental agencies. A copy of the comment letters is attached. No comments were received from the general public. -4 A A. Minnesota Historical Society The Historical Society found that there are no properties listed in the National or State Registers of Historic Places, and no known or suspected archaeological property in the area that will be affected by this project. The ROU agrees with this finding. The Metropolitan Council found the EAW to be complete and accurate, and finds no need to prepare an EIS. The RGU concurs. The Metropolitan Council found that the EAW will have a positive impact on Metro Transit ridership, and recommended pedestrian facilities and connections be incorporated in the project to connect the neighborhood to adjacent employment and mass transit, The RGU concurs with these comments and will make sure the proposed project includes the appropriate pedestrian connections. The SWWD found that the project does not have the potential for significant unmitigated environmental impacts and that an EIS is not necessary, The RGU concurs with the Watershed's findings. SWWD recommends a nortl-dsouth trail connection through the project as part of the District's Greenway Plan. The InWood neighborhood will have a north south trail located within a linear public park. Regarding wetlands, the Watershed notes that the wetland delineation has been approved, but that no impacts or replacement plan has been approved. Since the publication of the RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DEC15ION Inwood Environmental Assessment Worksheet (EAW) November24,2014 impacts. Accordingly, no wetland impacts are proposed at this time. The Watershed indicated that the project needs to comply with SWWD standards and that additional treatment and/or on -site storage capacity may be necessary to prevent downstream flooding. InWood is designed to comply with the SWWD rules. The Project Proposer will need to submit for permit approval through the SWWD. Traj MnDOT's comments correctly reflect that the InWood development would not cause problems at the 1-94/Inwood ramps. MnDOT's comments further suggest that a traffic impact study should be done to look at the cumulative impacts of development occurring in Woodbury, Oakdale, and Lake Elmo. While this additional regional study may be desirous, it is beyond the scope of this EAW. The InWood neighborhood is not connected to any of the projects proposed in Oakdale, Woodbury, or Lake Elmo. Minnesota Administrative Rules 4410.0220, Subp. 9c. defines a connected action as, "Two prcjects are "connected actions" if a responsible governmental unit determines they are related in any of the following ways: a. One project would directly induce the other; b. One project is a prerequisite for the other and the prerequisite project is not justified by itself; or c. Neither project is justified by itself." InWood is not connected to any of the projects occurring elsewhere in Lake Elmo or in adjoining communities, Development and redevelopment of surrounding parcels in adjacent communities may have cumulative impacts on local and regional transportation systems. These cumulative impacts have been thoughtfully contemplated and addressed in the City's Comprehensive Plan, including the Transportation element of the Plan. Moreover, the City's Transportation Plan was reviewed by the Metropolitan Council and was found to be consistent with regional plans. Washington County, as a part of the Gateway Corridor Commission, is preparing a Draft Environmental Statement (DEIS) for a proposed transitjway through the 1-94 "Gateway Corridor" from St. Paul to the Oakdale/Lake Elmo Area, including a potential transit station on the north side of 1-94. As stated by Washington County, this transitway and station will impact adjacent roadways. Lake Elmo,:acting as the RGU for InWood, would recommend that Washington County work with MnDOT to look at the regional transportation issues impacting Oakdale and Woodbury as part of the DEIS for the Gateway Corridor, 11,7ater Resources MnDOT's comments note that the project site will ultimately drain through a culvert underneath 1-94. MnDOT's policy is to not permit an increase in discharge through MnDOT's drainage system. InWood is over 0.5 miles from the MnDOT culvert. The storm water and infiltration basins on the project site are designed so that there is no increase in the runoff rate from the site, In fact, there will be a substantial reduction of runoffrates from the preexisting conditions, Under a 2-year storm event, the runoff rate is reduced from 20.1 cfs to 3.3 cfs, The 10- year event is reduced from 75 cfs to 32 cfs, and under the 100-year storm event the rates are reduced from 255 cfs to 97 cfs. E. Washington County Washington County found that the Inwood EA W is consistent with the City's Comprehensive Plan, and will assist the County in iniplementing portions of its Comprehensive Plan, Accordingly, Washington County found no need for an EIS. Perniiis The Project Proposer will need to obtain permits for work in the County's right-of-way, J,Vater Resourses The County does not allow an increase of storm water runoff into the County's drainage system. As proposed, the InWood Development would not increase the rate or volume of runoff into County road side ditches. Noise Washington County commented that adjacent 'roads may produce noise in excess of MnPCA noise standards. The County further states that they will not provide noise mitigation measures and that the Project Proposer should consider providing for noise mitigation on the property. Z:�, The proposed single family homes in InWood would be over 400 feet from CSAH 13/lnwood Avenue, and would be separated by both bernis future commercial buildings. As such, no noise impacts are anticipated from CSAH 13. The traffic on CSAH 10 (10"' Street) is significantly less than CSAH 13. CSAH 10 is expected to have a daily traffic volume of 11,050 by the year 2030, which is less than one half the traffic proposed for CSAH 13t". While traffic noise from CSAH 10 is not expected to cause significant environmental impacts, the Project Proposer is proposing increased M iimi'llislor ingli 11 111 1! 1� 11 1 1 1 I � a X M I It 0 '1 2 1 l�� , mm' setbacks and benning along CSAH 10. Single family homes would be approximately 140 feet from CSAH 10. An earthen berm that is 6-10 feet high will separate the homes from CSAH 10. Landscaping will be placed on top of the berin. With the increased setbacks, berm, and landscaping, no significant environmental impacts are anticipated as a result of noise, Transport(ttion Washington County agrees with the findings of the Traffic Impact Study. The RGU agrees with the comments provided by Washington County regarding transportation improvements. The InWood project as planned will incorporate the necessary improvements recommended by Washington County. The RGU further agrees to work with Washington County and the City of Oakdale to prepare a Memorandum of Understanding (MOU) for access management along CSAH 13 and CSAH 10, Washington County also recornmended that the RGU consider the need for pedestrian and bicycle facilities to serve the neighborhood. A regional trail currently exist along CSAH 13. InWood will include trails and sidewalks to serve the need of residents of Lake Elmo. A major east/west trail will be constructed along 5 1h street. A north/south trail will be constructed through the neighborhood within a linear park system. Additional trails and sidewalks will provide connection within and through the neighborhood. See trail and sidewalk plan below. a RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION Inwood Environmental Assessment Worksheet (EAW) November 4, 2014 141 m� �t s "0 Y � Ak y 8 t. d f . $ j) Ap g h � t J ca y m.. xa... as eaz ` Trad Symem sde"44 all System ax ux Wa & b #.. �r $4. q'k?a��''.'�s F. rfflnnesota Department of natural Resources (D R) 'erintts The DNR correctly noted that they EAW stated in two locations that a Water Appropriation Perinit is required,and requested that one of the citations be deleted as only one pen nit is necessary. The RGU agrees. 'sae 10 Sta�/ace 1,Yaters The DNR notes that the City's shoreland ordinance is not yet approved by the DNR and that the DNR will be responsible to approve the portions of the PUD within the shoreland district, The DNR's PUD standards assume PUDs are being used to increase density. The InWood PUD does not request any increase in density above what is allowed under the City's Comprehensive Plan. Furthermore, none of the property within the InWood PUD falls within the Shoreland Tier Dimensions, Areas of the project that fall within the Shoreland District will need to comply with applicable Shoreland requirements. Site Runqf ,f The DNR has requested copies of the stormwater model and calculations. The project proposer has sent a copy to the DNR. The DNR requested more detail on, "what considerations have been taken by the developer to include best management practices within the project design that increase infiltration and reduce the amount of rainfall this is converted to run off prior to reaching the storm water ponds." InWood incorporates infiltration basins to reduce runoff entering the storm pond system. Most all of the residential streets incorporate rain gardens/infiltration basins to capture runoff from the streets, driveways, and front yard areas. The storm water and infiltration basins on the project site are designed to reduce the runoff rates from the preexisting conditions. Under a 2-year storm event, the runoff rate is reduced from 20.1 efs to 3.3 cfs. The I 0-year event is reduced from 75 efs to 32 efs, and under the I 00-year storm event the rates are reduced from 255 cfs to 97 cfs. Water Resources, SuOace Water, and Other Stvface Waters The DNR requested additional information on what specific measures will be taken to reduce direct runoff and impact into the unnamed public watercourse. The project will not involve the physical or hydrologic alteration of the unnamed creek. Runoff from impervious surfaces will not go directly into the unnamed creek. All runoff is captured in storm water improvements or infiltration areas and directed to a storm water pond, prior to discharging into the unnamed creek. The project incorporates both infiltration and storm water treatment ponds necessary to protect the unnamed creek. The construction of these improvements is subject to the review and approval of the applicable pen-nitting authorities. Rare Species • • !III!i�; I 17111i ligll��11­! ' i' i 1 i At the time the EAW was prepared, the Project Proposer had not yet received a Natural Heritage letter from. the DNR, Auer preparation of the EAW, a Natural heritage review letter was received from the DNR: and was also attached to the DNR's comment letter. The DNR Natural Heritage review states that Blanding's turtles, a state -listed threatened. species, have been reported from the vicinity of the proposed project, although no records or documented siting of the Blanding's turtles has been identified on the project site.. The project site does not contain suitable habitat for the Blanding's turtles for the following reasons. l . Almost all of the upland acreage has been actively tilled and planted for crap production for many years. Very little of the property has any type of natural vegetative cover that will be impacted as a result of development 3. if suitable habitat for the Blanding's turtles was present, it has been diminished or eliminated by ongoing agricultural use of the property: . The existing wetland basins are farmed wetlands with ephemeral hydrology that are currently planted with crops. The wetlands would typically lack inundation from idly through March. The wetland basins are poor habitat because they are surrounded with tilled uplands on the all sides, and heavily travelled roads directly to the north and west. There are no hydrological; connections to nearby wetlands that are not interrupted by tilled fields or roads. . The unnarned creek in the southwestcorner is generally dry, and any flows in the creek will be unaffected by the project allowing for continued wildlife movement, Minimization Measures ZLV__40,111These measures include- 1. beeping ditches and ponds aware from busy roadways. response: The location of ponds is dictated by the natural topography of the site, because ponds need to be located in the low areas in order to appropriately direct stoma water runoff. As proposed, the large main pond is over 950 feet from Inwood, and the smaller southern pond is over 500 feet from Inwood. An infiltration basin is approximately 150 feet from Inwood Avenue. 2. Use of surmountable curbs. Resl_)ons : The project makes use of surmountable curbs; 1 Wildlife -friendly erosion control products. Response, Erosion control measures will consist of erosion control fencing where necessary, as well as sedimentation logs which have been shown to be more wildlife friendly. Where netting is required, the Project Proposer will use a rectangular -shaped mesh. Most importantly, the Project Proposer will quickly establish vegetative cover after disturbance and remove the erosion control. 4. Recommending using native plants. Response: The individual lots within the neighborhood will be privately owned. While the homeowners association will maintain the yard areas, each individual homeowner will select landscaping for their yard. Native plants will be encouraged by the Project Proposer. Cuinulative Potential Effects The DNR requested that the responses discuss the cumulative potential effect to Armstrong Lake and the unnamed public stream, A small portion of the property lies within the shoreland overlay district of Armstrong Lake. None of the property drains toward Armstrong Lake, The InWood property is on the opposite side of a divided 4-lane highway from Armstrong Lake, and is separated by a cormnercial/office development. As such, any development on the subject property will not impact Armstrong Lake. The RGU >is not aware of any other projects near Armstrong Lake that would have cumulative potential effects. The unnamed creek has been ditched and impacted by past agricultural use of the property, as well as chloride from the adjacent County Highway that drains into this stream. As is the case with Armstrong Lake, the RGU is not aware of any additional projects in the vicinity that would drain or otherwise impact the unnamed creek. As such, no cumulative potential effects are anticipated. Page 13 RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION August On of ^ 2014, the project ^proposers presented a Concept tile City ----Elmo for the Inwood mixed use development. - 2, The City of Lake Elmo City Council authorized the EAW submittal to the Environmental Quality Board (EQB) on August 19, 2014. 3. On September 29, 2014 the City of Lake Elmo published the EAW in the EQB Monitor. -4. The EAW is incorporated by reference in the Record of Decision. -^ ^~~ indicated ~~- the ~.^.,= the proposed ~..,~~~development approximately 157 acres of primarily agricultural land in the southwestern portion of Lake Elmo. The project is proposing 275 single-family lots, 264 multi -family units, and 90,870 square feet of commercial space in Washington County, City of Lake Elmo, 6. The EAW was filed with the EQB and notice for its availability for public review and comment was published in the EQB monitor on September 29, 2013. A copy of the EAW was sent to all persons on the EQB Distribution list and to persons who requested a copy. The EAW was also made available at Lake Ehno City Hall and on the City of 7; The 30-day public review and comment period for the EAW began oil September 30, 2014, and ended on October 29, 2014. 8. During the 30-day review and coniment period, the City of Lake Elmo received 6 written "WER. M We MR. V. DECISION REGARDING NEED FOR ENVIRONMENTAL IMPACT STATEMENT 11rki 1T I - Environmental Effects Minnesota Rules 4410.1700 Subp. I states "An EIS shall be ordered for projects that have the potential for significant environmental effects". In deciding whether a project has the potential for significant environmental effects, Minnesota Rules 441 O1700 Subp. 7 indicates that the City of Lake Elmo must consider the following factors: Criteria A: The type, extent, and reversibility of environmental effects; Criteria B: The cumulative potential effects of related or anticipated future projects; Criteria C: The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and, Criteria D: The extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EIS's. The City of Lake Elmo finds that the EAW is adequate to determine whether the project has the potential for significant environmental effects. The EA W described the type and extent of impacts anticipated from the proposed project. This report provides clarifications and additional information since the EA W was published. The EAST and this report also identify mitigative measures that will be incorporated into the final design of the project, or will be coordinated with local and state agencies during the permitting process, The RGU is not aware for any related or future projects that would have the potential for cumulative impacts. Existing and planned projects are and will be consistent with the City of Lake Elmo's Comprehensive Plan, These projects, whether public or private, are subject to permitting in accordance with local, state, and federal requirements, including wetland mitigation and storniwater management requirements. As discussed in the EAW, the cumulative potential effect of related or anticipated future development has been considered and the proposed project has low potential for cumulative impacts to the resources directly or indirectly affected by the project. C. Extent to Which the Environmental Effects are Subject to Mitigation by 111 1-011111 132 1`111113? 11 MEMO= The mitigation of environmental impacts will be designed and fin plemented in coordination with regulatory agencies and will be subject to the plan approval and permitting process. Permits and approvals that have been obtained or may be required prior to project construction include those listed in the EAW. Unit of Government _DyLof.Aaficafion Status City of Lake Elmo Concept Plan Approval Completed City of Lake Eli -no Preliminary Plat Approval To be applied for City of Lake Elmo Final Plat Approval To be applied for City of Lake Elmo EAW Negative Declaration To be applied for City of Lake Elmo Grading Permit To be applied for City of Lake Elmo Building Permit To be applied for City of Lake Elmo Municipal Water Connection Permit To be applied for City of Lake Elmo Sanitary Sewer Connection To be applied for Permit City of Lake Elmo Rezoning To be applied for (if needed) City of Lake Elmo Weiland Delineation Applied for Confirmation City of Lake Elmo Weiland Conservation Act Applied for No -Loss Deterinination Washington County Right -of -Way Permit To be applied for Washington County Access Pen -nit To be applied for Washington County Obstruction Permit To be applied for if needed) Washington County Transportation Permit To be applied for if needed) Metropolitan Council Sanitary Sewer Connection To be applied for Pen -nit Minnesota Department of Water Main Extension To be applied for Health Approval Minnesota DNR Division of Water Appropriation To be applied for (if needed) Waters Permit Minnesota Pollution Control NPDES/SDS To be applied for Agency Minnesota Pollution Control Sanitary Sewer Extension To be applied for Agency App oval U S. Army Corps of Section 404/Letter of No Applied for Engineers Jurisdiction MN DNR Division of Waters Water Appropriation Pen-nit(s) To be applied for if needed NIN Pollution Control NPDES/SDS General Covered under general Agency Permit pen -nit; submit NOI prior to construction, Page 16 111111ill Ig li il I Note: All required permits and approvals will be obtained. Any necessary permits or approvals that are not listed in the table above were not intentionally omitted. The final factor the City must consider is the "extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EIS's previously prepared on similar projects" (Minnesota Rules 4410.1700 Subp. 7 (D)). The City's findings are set forth below. The proposed project is reasonably similar to other residential development projects located in City of Lake Elmo and in surrounding communities. Other projects of similar scope, accompanied by similar land use, natural resources, surface water, traffic studies, and associated mitigation, have, in general, successfully mitigated potential environmental impacts. The EA, in conjunction with this document, contains or references the known studies that provide information or guidance regarding environmental effects that can be anticipated and controlled. No EIS that addresses a similarly sized project is known to be available in City of Lake Elmo or the surrounding area. In light of the results of environmental review and permitting processes for similar projects, City of Lake Elmo finds that the environmental effects of the project can be adequately anticipated and controlled, Based on the original EAW, coy eats received from agencies and individuals, the responses to corriments, and the criteria above, City of Lake Elmo finds that the Savona Project does not have the potential for significant enviromnental effects and does not require the preparation of an EIS. Based on the SAW, the Response to Comments, and the Findings of Fact, City of Lake Elmo as the RGU for this environmental review, concludes the following: The EAW was prepared, published, and distributed in compliance with Minnesota Statutes, Chapter I 161), to implement the environmental review procedures established by the Minnesota Enviromnental Policy Act and Minnesota Rules Parts 10,1000 to 4410. 1700 (1997). The EAW, combined with the supplemental information contained in the Response to Coll rye nts and Findings of Fact, satisfactorily addressed and responded to all of the issues raised and comments received for which existing infoiination could have been reasonably obtained, and further investigation is therefore not required, Based on the criteria established in Minnesota Rules Part 4410.1700, the project does not have the potential for significant environmental effects. An EIS is not required for the hiWood Project. The City of Lake Elmo Council adopts a "Negative Declaration". Page 18 lliill i• Fli 1 111, 1 E STATE OF MINNESOTA WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, under Minnesota Rules Pail 441 O100 Subp 6. (EAW Decision) the City of Lake Elmo ordered the preparation of an EAW for the InWood PUD Mixed -Use Development Project. WHEREAS, on August 19, 2014, an EAW was completed for the InWood Project, which will be located on approximately 157 acres of primarily agricultural land in the southwestern portion of Lake Elmo. The project is proposing 275 single-family lots, 264 multi- family units, and 90,870 square feet of commercial space; and WHEREAS, beginning on September 8, 2014, copies of the EAW were distributed to all persons and agencies on the official Environmental Quality Board (EQB) mailing list and other interested parties; and WHEREAS, on September 29, 2014, the EAW was publicly noticed in the EQB Monitor, commencing the 30-day public comment period; and WHEREAS, the 30-day comment period ended on October 29, 2014 at 4:30 p.m., and WHEREAS, the City of Lake Elmo accepted and responded to all written comments received. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: 1) The EAW was prepared, published, and distributed in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410. 1000 to 4410.1700 (1997). Page 19 2) The EAW, combined with the supplemental information contained in the Response to Comments, satisfactorily addressed all the issues raised and comments received for which existing information could have been reasonably obtained, and further investigation is therefore not required. 3) Based on the criteria established in Minnesota.Rules Part 4410.1700, the project does not have the potential for significant environmental effects. 4) City of Lake Elmo makes a "Negative Declaration" on the need for an EIS. 5) The City of Lake Elmo City Council adopts a "Negative Declaration". 6) An EIS is not required, and 7) The City of Lake Elmo shall maintain a Record of Decision, including the Response to Comments on the EAW, and will notify in writing, within five days, all persons on the EAW distribution list, all persons who commented in writing during the 30-day comment period, and any other person upon written request. City of Lake Elmo will also send notice of this decision to the project proposer and the EQB, Passed and duly adopted on this 2' day of December, 2013 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor Adam Bell, City Clerk EM 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 same: Wicreupon said resolution was declared duly passed and adopted, es• s a • + • � i ■ 14Minnesota , Historical Society City of Lake Elmo 3800 Laverne Ave N Lake Elmo, MN 55042 RE-InWood - Lake Elmo Lake Elmo, Washington County SHPO Number- 2014-3024 Wing the Power of "Istory to Transform tjvos VRE'.SERVING `SIIARING ',C0NNL-,cI imo Thank you for the opportunity to review and comment on the above project, It has been reviewed pursuant to the responsibilities given the Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act, Based on our revie t roje X-O"lik"W"A 04 that will be affected by this project. Please note that this comment letter does not address the requirements of Section 106 of the National Please contact our Compliance Section at (651) 259-3455 if you have any questions regarding our review of this project, Sincerely, Sarah I Beimers, Manager Government Programs and Compliance m �• � ran ter �w �e �t �r O'l tsa c� ski CD 'j. rD En ;:tvi tL# ul + Q, pz # gg urur k y, 1 }t S } 3' e y ,E The Metropolitan Council received an EAW for the proposed InWood development on September 18, 20M The InWood project is a proposed 157-acre development that will include 278 single farnily homes, 458 multi -family hones, and approximately 73,000 square feet of office and retail uses. The proposed project is located in the southeast quadrant of 10"' Street North and Inwood Avenue North. The staff `review finds the EAW is complete and accurate with respect to regional concerts and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes: Staff offer the following advisory comments for your consideration, Transit and Station Area Planning Metro Transit route 375 offers the nearest transit service V2 mile from the proposed single and multi -family development. Route 375 provides peak -only express service between the Guardian Angels park & Ride and downtown Minneapolis. The proposed development will likely have a positive impact on ridership given the current transit investment in this area and the proposed number of multi -family units near the current park -and -ride; The EAW also dotes that the multi -family units of the development will be located along the southern edge of the property, which is adjacent to the existing office park, In addition, the proposed commercial land uses are on the west side of tile property adjacent to Inwood Avenue. These concentrations of the developincilt are closest to the proposed Inwood Avenue Station of the Gateways Corridor, albeit on the outer edges of the proposed station area. Based on time materials in the EAW, it appears that high density portions in the south have roughly a Eras density of 15 units per acre. It is unclear in the: EAW materials whether the development any connections to the existing sidewalk facilities on the xvcst side of Inwood Avenue. As discussed in the Counei l' Draft Transportation Policy Flan, pedestrian orientation and connections are vital to the success of a transit station. We recommend that the City and the developer consider the future pedestrian environment in this area given the proximity to the proposed station to the southwest, since the traditional land uses in this area have not been conducive to pedestrian activity. Pedestrian facilities and connections should be considered both within the development site itself, and at the th Street/Inwood Avenue, 5th Street Inwood Avenue and, possibly, the Eagle Pont Blvd/Inwood Avenue intersections. w.rnetrocounci .tsri 390 Robert Street North a St, PaulMid 55101-1805 * (651) 60 -1000 as Fax (65 i) 0 - i 50 * ITY (651) 9I-090 Kyle Klatt, Planning Director October 29, 2014 Page 2 This concludes the Council's review of the EAW, The Council will take no formal action on the EAW, If you have any questions or need further information, please do not hesitate to contact me at 65 1-602-1895 . Sincerely, LisaBeth arajas, nager Local Planning Assistance CC: Crystal Sheppeck, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT - Metro Division Harty Melander, Metropolitan Council District 12 Raya Esmaeili, Reviews Coordinator Al:lCoinnil)evkl.PAICot)zttziiniliesILake EhnokLetlerslLake Eland 2014 FAW1nWood2J284-1,docx South Washington District October 27, 2014 via email Mr. Kyle Matt City of Lake Elmo____ 3800 Laverne Ave forth Lake Elmo, Mil 55042 'r frrWood-£ airs Hagen Homes EAW Dear Mr. Klatt; SWWD has reviewed the M ood EAW published September 29, 2014, We believe that the project does not have the potential for significant unrititigated enviromuental impact and that an EIS is not necessary. We dry however, offer the following comments for° clarification. Lana Use. SWW s Greenway flan identifies the sukJect parcel as key fink in the SWW greenway connectingLake Elmo Regional Park to Cottage Grove Ravine Regional Park. We strongly encourage the City and developer to incorporate a North/South greenway and trail corridor' through the proposed development. Water Resources: The EAW indicates wettand impacts, SWWD is the 't CA. LGLJ for wetlands on site. To date, only a wetland boundary decision has been approved by SW , No wetland impacts or replacement plan have been approved by SWWD, Stormwater: SWWD standards require the developer to maintain existing runoff rates for the 2, 10, and 100 year Atlas 14 events. And, white S WWD sloes not prohibit increases in runoff olurne, we will review the project for potential downstream impacts at its 194 and Wih es Lake regional assessment locations, SWWD may require ire additional treatment and/or on -site storage capacity to prevent downstream flooding. Cumulative Effects: The proposed development is tributary to SWWDs northern watershed (NWS), Along with ongoing and planned development throughout the NWS, the proposed I Wood development will result in increases in storinwater runoff beyond the capacity of existing regional storage, Because the NWS dries not currently have a controlled overflow, that increase in ninoff results in risk of residential flooding in the City of Cottage Grove, SWWD is currently in the process of constructing an overflow for the NWS, To ensure that the overflow system functions as designed, SWWD will enforce strict c n-ipliance with its star n ater management development standards: it you have questions or creed additional information, Tease contact rrre at 51-71< - 214 or 02 Tower Dr - Woodbury, MN 65126 www.swwdmn.org Sincerely, South Washington Watershed District John Loomis Water Resource Program Manager Minnesota Department of Transportation Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 October 9, 2014 Kyle Klatt Planning Director, City of Lake Elmo 3800 Laverne Avenue N. Lake Elnio, MN 5SO42 SUBJECT: InWoodEAW14-010 North of 1-94, East of Inwood Ave. N. Lake Elmo, Washington County Control Section 8282 Thank you for the opportunity to review the InWood EAW. MnDO'I'has reviewed the EAW and has the following comments: Truffic The Traffic Impact Study (TIS) that was conducted suggests no problems at our ramps in 2019, MnDOT Metro Traffic strongly recommends looking at a 20 year forecast when evaluating future impacts. There is significant development potential for Lake Elmo/ Woodbury/ Oakdale in the area around the 1-94 ramps at Radio/ Inwood and the 1-694 ramps at 10t" St N. All of the future development has the potential to adversely affect freeway ramps operations when taken as a whole. We recommend including these impacts in a TIS and identifying potential mitigation, The recommendation of new signals for the development will create/ acid to existing signal corridors. It is suggested that discussions take place between Washington County and MnDOTto develop a plan regarding coordinating these corridors (both Radio/ Inwood and I O'h St N). For questions concerning these comments, please contact Kaare Pestvog (651-234-7814) in MnDOT Metro District"s Traffic Engineering Section, Water Resot(rces There is significant future development planned for this area. Currently, MnDOT is also reviewing a drainage Permit for Boulder Ponds housing development, wl-dcb is located just southeast of the project. Both projects ultimately discharge to the same MnDOT 72" storm sewer Ripe that crosses underneath Trunk Highway 1-94. MnDOT's policy is that the offisite runoff coming to MnDOT drainage system and/or right-of-way will not increase as a result of the proposed project. This is quantified as a "no increase in discharge" criteria fbr the 2-year, I 0-year and I 00-year storm events. A MnDoT drainage permit will be required, Please see attached drainage permit review ebeeklist for required submittal inforrmation with the application. In addition, the, submitted hil'ormation must. include consideration of the project impact to flood levels within the TI-194 right of way. Depending on the proposed outlet situation, increased runoff volume has the potential to adversely affect flood levels at T - 94, For this reason, additional information and modeling Haight be requested to show that the impact to 100 year flood levels within MnDO T right of way is minimal. The permittee must also meet the requirements of Booth Washington Watershed District rules. If you have any questions regarding these comments please direct them to Jodi Hreha at 1-234-733 orjqdLhrehaj:&tatejrm.us, Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days, Submittals sent electronically can Casually he turned around faster. There are four submittal options: 1. One (1) electronic pdf version of the plans. MnD T ace pt plans at r etrtzclevz°evze s'.dr t st ztc.z .us provided that each e-mail is less than 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full sire Mans will expedite the: review process. Send plates to: In1 T Metro District Planning Section Development Coordinator 1500 West County load -2 Roseville, MN 55113 . One (I) compact disk. 4. Plans can also be submitted to Mn OT's External FTP Site at: fit :/�3� c�t.state.zzzza cas%ul /ire czt in J�etrtz l terspcl e/'laz iirt . l iternet xplc r r mad ucat work using I TP so use an pTI' Client or your �iz�ows �xplorr (Nf�� C�on�pt�ter.l�lotify etrodevj views.dczt c s at .zxtti.us irtdicatitt the flans lave heen suhizrtittecl on the TI' site. If you have any questions concerning this review, please contact me at 1-234-7781. Sincerely, Karen Sebeffing I lnli}OT Principal Planner Copy seat via E- a l: Buck Craig, Permits Nancy Jacobson, Design Bryce FossandWater Resources Tiffany Kautz,Right-of-Way Ryan Coddington, Area Engineer l atrre Festvog Traffic Russ Owens, Metropolitan Council 0 Wayne H, Sandberg, P.E. Deputy DirectonCounty Engineer Kyle Klatt City of Lake Elmo 3600 Laverne Avenue North Lake Elmo, Mn 55042 Xe: Washington County Comments on Environmental Assessment Worksheet (EAW) for the Inwood Development Project in the City of Lake Elmo Thank you for the opportunity for Washington County to submit comments on the City of Lake Elmo's Environmental Assessment Worksheet (EAW) for Inwood in Section 33, City of Lake Elmo, dated September 5, 2014. The Inwood Project, located north of Interstate 94 at CSAH 13/inwood Avenue and 10t street/csAH 10, includes 278 single family lots, 458 multi -family uses including 176 rental townhomes, 120 senior housing units, 150 multifamily units and 12 townhomes, The commercial land uses will consist of approximately 73,000 square feet of office and retail uses, services (MUSA) for development of a variety of single family -and -multifamily re'sidential developments as well as commercial and office uses on the site� rm-1 Maim N, NOR IM WN, p WIR'n I I Eggs W_'. 111011 n., 1AILZAL. I Ing 0 111 it I I It RUN- "W--M- mw-A Mao way permit, 11660 Myeron Road North, Stillwater, Minnesota 65082-9573 Phone: 651-430-4300 - Fax: 651-430-4350 - TTY: 651-430-6246 www,co,washington.mmus Equal Employment Opportunity / Affirmative Action Page 2 October 28, 2014 Washington County Comments on EAW for Inwood PUD Kyle Klatt, Planning Director WET, 15 RX! mo i to] -Uii M. # RVE-1 R 5 kim. -Itgnmow- "uniall1tw-git. 7 =11W,47=5717F—V#17�, TIFSTIST following poricies. Locate commercial and industrial growth where urban services are available; continue to prohibit commercial and industrial land use in unsewered areas. Promote commercial and industrial development in planned clusters such as btisine parks and mixed -use developments. I Support land use pattems that efficiently connect housirtg jobs, trarispbtfatio and retail and commercial centers. increased Jobs and Housing Co ns.' 0 Transportation investments and land development along malbr transportation corridors will be coordinated to intensifyibb, centers, increase transportation links between job centers and medium -to -high density residential developments, and improve the jobs1housing connections with Policies that include., • Plan for, design, and construct roadways to accommodate existing and future traffic growth. • Use effective transportation planning to accommodate existing and planned land uses, while preserving natural, cultural, and historic resources, • Develop a collaborative process with local municipalities to identify fiscally responsible system improvements that are consistent with county priorities and meet the needs of municipalities. • Coordinate with other agencies to promote a well balanced transportation system. • Coordinate with communities and provide feedback on development and redevelopment proposals. 11660 Myeron Road North, Stillwater, Minnesota 55082-9673 Phone: 651-4304300 - Fax: 651-430-4350 * TTY1- 1651-430-6M whwco.washington,ron.us Equal lErnployment Opportunity / Affirmative Action Page 3 October 28, 2014 Washington County Comments on EAW for Inwood PUD Kyle Klatt, Planning Director Section 17. Noise 7030.0 30 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCNs Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards, Minnesota Statute 116.07, Subpart 2a exempts County Roads and County State Aid Highways from noise thresholds. Section 18. Transportation The County agrees with the purpose of ft study to determine if improvements are needled to nearby intersections that may be impacted by traffic from the built out development, The objectives of the study included the following-, - Document how the study intersections currently operate, * Forecast the amount of traffic expected to be generated by the proposed development. - Determine how the study intersections will operate in the year 2019 with no development traffic. * Determine how the study intersections will operate in the year 2019 with development traffic. * Determine how the surrounding roadways will operate in the year 2030 with development traffic added. # Recommend improvements, if needed. 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 1 651-430-6246 Phone-, 651-430-4300 - Fax: 651-430-4350 - TTY wwwco.washington,mmus Equal Employment Opportunity I Affirmative Action Page 4 October 28, 2014 Washington County Comments on EAW for Inwood PUD Kyle Klatt, Planning Director following- • CSAH 13 & 1-94 Southern Ramp • CSAH 13 & 1-94 Northern Ramp • CSAH 13 & Hudson Boulevard • CSAH 13 & Eagle Point Road • CSAH 13 & 5th Street Access Road • CSAH 13 & 9th Street • CSAH 13 & CSAH 10 • CSAH 10 & Western Site Access Road • CSAH 10 & Eastern Site Access Road • Eagle Point Road & Site Access Road As documented in the TIS report dated July 8� 2014, the county agrees with the following arv- commercial, office and residential uses, 0 All study intersections will operate acceptably through the 2019 build -out condition except the CSAH 13/Eagle Point Boulevard and CSAH 1315th Street intersections� W-- I i # . # * # Z MOUNW1111-11110 �4012 PH 14 1*11 RUMIftill I A- - 11 A- 1 '.1— --t # The site access at CSAH 13/9th Street should be constructed such that vehicles exiting the site can only make right turns� MEN WTT 112mil a 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone', 651-430-4300 - Fax' 651-430-4350 - TTY651-430-6246 www.co-washington.mn,us EqUal EmplOyrnent opportUhity I Affirmative Action Page 5 October 28, 2014 Washington County Comments on EAW for fnxvood PUD Kyle Klatt, Planning Director TheEastern iteAccess on CSAH 10 can be built as a full movement intersection. Washington County in coordination with the City of Lake Elmo and the City of Oakdale will prepare a Memorandum of Understanding (MOU) for access management along CSAH 13 (Inwood Avenue) and CSAH 10 (10"' Street) to provide direction on future access to this development project as wel a$ other developments in the area, Washington County, as a part of the Gateway Corridor Comrrrission� is preparing a Draft from the station location chosen, the evel of bicycle, pedestrian and feeder bus connections linking the station to the project area the presence of transit supportive uses within the project area. ;III I 111111inglipi; ;sn''il I I !III 1 11 11 1! :11 1!11111 111 171 1! 1 Street) is identified as a Planned County Trail in the Washington County Comprehensive Plan 2040, Planned Trail System. ipilpiqp il�! i!! pilml�;1;1111 1 1 Ji � iT 1�111! 1111111111 111 1 1: NMI studies, environmental documentation, and mitigation measures will need to be addressed as development occurs in the area. If you have any questions or comments to the responses on the Inwood EAW, please contact me at Ann. pung-terwedo@co.washington. mn. us, Sincerelyl� Ann Pung-Terwedo Senior Planner 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone-, 651-430-4300651-430-4350 - TTY651-430-6246 www.cowashingtonpri,us Equal Employment Opportunity / Affirmative Actibb Minnesota Department of Natural Resourc& a [)ivision of Eco�ogica� and Wate�Resot.n-ces 1200 kNarner Road Saint PaL11, [ViN 55106-6793 DEPARTMENT OF "NATURAL RESOURCES October 27, 2014 Transmitted via Electronic Mail Mr. Kyle Klatt, Planning Director 3800 Laverne Avenue North Lake Elmo, MN 55042 Mr. Klatt, The Minnesota Department of Natural Resources (DNR) has reviewed the EAW for Inwood - Lake Elmo, and offers the following comments for your review. Item 8. Eermits and :approvals required: This table lists DNR Water Appropriation Permit two times. Please remove the second entry or replace Water Appropriation Permit with Public Waters Permit under one of the entries. There are two categories of DNR public waters permits that could be applied for if needed. Item 111 Water resources. Description of Surface water; Because the City of Lake Elmo's shoreland ordinance is not approved by DNR at this time and the City does not include all of the state's PUD standards in its shoreland PUD Provision, (for example, tiers for weighting density are not included), DNR will be required to approve PUDs that are within the City's shoreland district until the City's shoreland ordinance is approved by DNR. Item 11,ii. Water resources. StorMwater. Post development Site Runoff. • Has a stormwater model or stormwater calculations for the site post -construction been completed? If so, please include results in the narrative to provide justification'for the statement that only extreme conditions such as those occurring in connection with 50- or 100-year storm events will result in measurable increases in runoff volume and associated pollutant transport. The 2-, 5-, and 10-year storm events are more frequent and are also impacted by increases in impervious surface. • Please discuss in more specific detail what considerations have been taken by the developer to include best management practices within the project design (post - construction) that increase infiltration and reduce the amount of rainfall that is converted to runoff prior to it reaching the stormwater ponds included in the project area. An I , "qual Opportunity Employer EIFIR Informations 6511-296-6157 1-888-6,16-6367 Tsai -296-5484 0 Please quantify how much the open space areas will reduce runoff. Item 11 *iv. Water resources. Surface wajgE& a. Wetlands sand b. Other surface waters: • Please further describe what specific measures will be taken to reduce direct runoff into the unnamed public watercourse (07010205-745). • List specific project design elements that have been added to the project to reduce impacts to the unnamed stream. Item 13. Fish, wildlife, plant coUlniunities, and rare LegjgEgs: This section of the EAW does not sufficiently discuss the treatment of wildlife and rare species resources impacted by this project, b. Rare ip-ecies: The Natural Heritage Information Survey (NHIS) response letter is attached to these comments. As stated in the letter, the Blanding's turtle (Emydoidea blandingii), a state -listed threatened species, has been documented in the vicinity of the proposed project. The EAW should discuss potential impacts to this rare turtle and identify any measures (e.g., fact sheet recommendations) that will be implemented to avoid or minimize disturbance. _d. Minimization Lngasures: This project site is located less than one mile from Lake Elmo Regional Park Reserve, a 2 100 acre area that provides varied habitats for multiple animal species. We recommend the following activities to minimize adverse impacts to wildlife associated with the periphery of this large landscape feature: • Avoid creating wetlands, ditches, and water retention ponds near busy roadways. These aquatic habitats may attract wildlife, but then act as a population sink by increasing mortality rates as a result of more frequent road crossings, This is especially important in areas were Blanding's Turtles may occur, • We recommend the use of surmountable curbs, and wildlife -friendly stormwater drains. • We recommend the use of wildlife -friendly erosion control products, Traditional erosion control mesh is known to cause injury and may be fatal to wildlife, particularly reptiles and amphibians. Please see attached factsheet. • We recommend the use of native plants in green space development; native wildlife is best adapted to native plants. Native flowering plants and grasses serve the additional function of providing food and habitat for butterflies and other native pollinators. rnndm%gov An "Iquai .inn-floytr DNRI informant 6,151-296-6,157 1-868-646-6367 651-296-5,184 1,800,,657-3929 Item 9. Cumulative potential effects: • Please discuss cumulative potential effects to both Armstrong make and the unnamed public stream. • Is the concept plan included with the EAW the most current concept plan? If not, please include the most recent concept plan. e appreciate the opportunity to review this document. If you have any questions regarding these comments, please feel free to contact one: Sincerely, &VO14 114weed Brooke • !1 Warner Road, Phone.. 651-259-5755 .•_u_ ERDB 20150027 Attachments: i' I iS review; landin 's Turtle Factsheet<: Wildlife -friendly Erosion Control n'111(hir,g=.c 1^888`646 6367651 296-L"r48r-§ 800-6:I7`3929: Minnesota Department of Natural Resources Division of Ecological ttitd Water Resources, Box 25 it 500 l.ntstyotte Road w Y $ Phone: (651) 259-5109E-mail: lira joyalti? state.nu .us August 29, 2014 Correspondence # ERDB 20150027 Mr. John Rask Hans Hagen Hones___ 941 NE Hillwind Read, Suite 300 Fridley, MN 55432 RE: Natural Heritage Reviewof the proposed Inwood Creek. Mixed -Use Development, t, T9N R2IW Section 33, Washington County Dear Mr, Rask, As requested, the Minnesota Natural Heritage Information System has been queried to c ete nine if any rare species or other significant natural features are known to occur within an approximate one -mile radius of the proposed project. Based on this query, rare features have been documented within the search area (please visit the Rare Species Guide at lit // vx w dnz. LtgLegznLi t c 'iLid , ,l tt�tl for more inforination on the biology, habitat use, and conservation measures of these rare species). Please note that the following rare features may be adversely affected by the proposed project Blanding's turtles (Entycoidea bldndin, i), a state -listed tht-eatened species, have been reported from the vicinity ofthe proposed project. Although we have no records from directly within the project site, turtles may use the site if it contains suitable habitat. Blanding's turtles use upland areasup to and over a mile distant from wetlands, as well as wetlands. Uplands are used for nesting, basking, periods of dormancy, and traveling between wetlands;. Because ofthe tendency to travel long distances over land, Blanding's turtles regularly travel across reads and are therefore susceptible to collisions with vehicles. Any added: mortality can be detrimental to populations of Blanding's turtles; as these turtles have a low reproduction rate that depends upon a high survival rate to maintain population levels. Other factors believed to contribute to the decline of this species include wetland drainage and degradation, and the development of upland habitat: For your information, I have attached a Blanding's turtle fact sheet that describes the habitat use and life history of this species. The fact sheet also provides two lists of recommendations for avoiding and minimizing impacts to this rare turtle, Please refer to the first list of recommendations ations for your project. There are specific recommendations regarding roads, utilities, landscaping, and sediment and erosion control (see enclosed fact sheet regarding plastic mesh netting) that may pertain to this project:: If greater protection for turtles is desired, the second list of additional recommendations can also be implemented: The attached flyer should be given to all contractors working,in the area. If Blanding's turtles are encountered on site, please remember that state law and rules prohibit the destruction of threatened or endangered species, except under certain prescribed conditions. If turtles are in imminent danger they should be moved by hand out of harm's quay, otherwise they should be left: undisturbed. AN E.t"?UAL OC't t::sl l [_iNI.:�.. E` EMPL {r YE€t The Environmental Assessment Work -sheet should clearly discuss potential impacts to Blandin 's turtles and identify any measures (e.g., fact sheet recommendations) that will be implemented to avoid, minimize, or mitigate disturbance. Please include a copy of this letter in any IINR license or permit application. The Natural Heritage Information System (NIIIS), a collection of databases that contains information about Minnesota`s rare, natural features, is maintained by the Division of Ecological and Water Resources, Department of Natural Resources. The NHIS is continually updated as new information becomes available, and is the most complete source of data on Minneso&s rate or otherwise significant species, native plant communities, and other natural; features. However, ever, the NHIS is not are exhaustive inventory and thus does not represent all of the occurrences of rare features within the state. Therefore, ecologically significant features for which we have no records may exist within the project area:.: If additional information becomes available regarding rate features in the vicinity of the project, further~ review may be necessary. For environmental review purposes, this Natural heritage Review is valid for one year; it is only valid for the project location (noted above) and the project description provided on the N IIS Data Request Form. Please contact me if project details change or for an updated review if construction has not occurred within one year. The Natural heritage Review does not constitute review or approval by the Department of Natural Resources as a whole. Instead, it identifies issues regarding known occurrences of rare features and potential effects to these rare features. To determine whether there are other natural resource concerns associated with the proposed project, please contact your I. NR Regional Environmental Assessment Ecologist (contact information available at ltt: ``' vxcvndtr.state.us/ecoicreview/el xtts.ltrtl. Please be aware that additional site assessments or review may be required. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. An invoice will be mailed to you under separate cover; Sincerely; Lisa ,loyal Endangered Species Review Coordinator enc. Blanc ng's Tuttle Fact Sheet and Flyer Wildlife Friendly Erosion Control cc: Brooke )Haworth Erica Hoaglund M 1 0 amiall BLANDING'S TURTLES MAY BE ENCOUNTERED IN THIS AREA The unique and rare Blanding's turtle has been found in this area. Blanding's turtles are star -listed as Threatened and are protected under Minnesota Statute-84.095, Protection of Threatened and Endangered Species. Please be careful of turtles on reads and in construction sites. For additional information on turtles, or to report a'Blanding's turtle sighting; contact the DNR Nonggme Specialist nearest you: Bemidji (218-308-2641); Grand Rapids (218- 27-4 18); New Ulm (507-35 -6033) Rochester (567-280-5070); or St. Paul (651-259-5764) DESCRIPTION: The Blending's turtle is a medium to large turtle (5 to 10 inches) with a black or dark blue; dome -shaped shell with muted yellow spots and bars. The bottom of the shell is hinged across the front third, enabling the turtle to pull the front edge of the lower shell firmly against the top shell to provide additional protection when threatened. - The head, legs, and tail are dark brown or blue -gray with small dots of light brown or yellow. A distinctive field mark is the bright yellow chin and neck. LANDING'S TURTLES DO NOT MAKE GOOD PETS IT IS ILLEGAL TO KEEP THIS THREATENED SPECIES IN CAPTIVITY Environmental Review het Sheet Series IN #&5 �1tl0. Rlq 11 8£ ffiN ffi.t. 'N&A all( SI)e +1 0 11e l-n g.Re6en'".Y Minnesota Status: Threatened State Ranh'. S2 Federal Status'. none Global Rank': G HABITAT USE Blanding's turtles need both wetland and upland habitats to complete their life cycle, The types of wetlands used include ponds, marshes, shrub swanrps,'bogs, and ditches and streams with slow -moving water. In Minnesota, Blanding's turtles are primarily marsh and pond inhabitants. Cahn, shallow water bodies (Type 1-3 wetlands) with mud bottoms and abundant aquatic vegetation (e.g., cattails, -water lilies) are preferred, and extensive marshes bordering rivers provide excellent habitat. Small temporary wetlands (those that dry tap in the late summer or fall) are frequently used in spring and summer -- these fishless pools are amphibian and invertebrate breeding habitat, which provides an important food source for Blanding's turtles. Also, the warmer water of these shallower areas probably aids in the development of eggs within the female turtle. Nesting occurs in open (grassy or brushy) sandy uplands, often some distance from water bodies. Frequently, nesting occurs in traditional nesting grounds o undeveloped land. Blanding's turtles have also been known to hest successfully on residential property (especially_ in low density housing situations), and to utilize disturbed areas such as farm fields, gardens, under power litres, and road shoulders (especially of dirt roads).. Although Blanding's turtles may travel through during their' seasonal movements, shady areas (including forests and lawns with shade trees) are not used for nesting, Wetlands with deeper water are needed in times of drought, and during the winter. Blanding's turtles o er inter in the muddy bottoms of deeper marshes and ponds, or ether water bodies where they are protected from freezing. LIFE HISTORY Individuals emerge from overwintering and begin basking in late March or early April on warm, sunny days. The increase in body temperature which occurs during basking is necessary for egg development within the female turtle. Nesting in Minnesota typically occurs during June, and females are most active in late afternoon and at dusk,. Nesting can occur as much as a mile from wetlands. The nest is dug by the fem ale in an open sandy area and 6-1 eggs are laid. The female turtle returns to the marsh within 24 hours of laying eggs. After a development period o approximately two months; hatchlings leave the nest from mid -August through early -October. Nesting females and hatchlings are often at risk of being killed while crossing roads between wetlands and nesting areas. In addition to movements; associated with nesting, all ages and both sexes move between wetlands from April through November. These movements peak in June and July and again in September and October as turtles move to and from overwintering sites. In late autumn (typically November), Blanding' s turtles bury themselves in the substrate (the much at the bottom); of deeper wetlands to overvw nter, IMPACTS I THREATS / CAUSES OF DECLINE • loss of wetland habitat through drainage or flooding (converting wetlands into ponds or lakes) • loss of upland habitat through development or conversion to agriculture • human disturbance, including collection: for the pet trader and road kills during seasonal movements • increase in predator populations (skunks, raccoons, etc.) which prey on nests and young vlgal 3o po less this ill aeaivacd sqxxies Nhimsota DNR Di% ision of Ecological Resources, 1Z,110ronmental Revie" Fael Sheet scri" Mandin, slurtle, 2 RECOMMENDATIONS FOR AVOIDING AND MINIMIZING IMPACTS These recommendations apply to typical construction projects and general land use within Blanding's turtle habitat, and are provided to help local governments, developers, contractors, and homeowners minimize or avoid detrimental impacts to Blanding's turtle populations. List I describes minimum measures which we recommend to prevent Karin to Blanding's turtles during construction or other work within Blanding's turtle habitat. List 2 contains recommendations which offer even greater protection for Blanding's turtles populations; this list should be used in addition to thefirst list in areas which are known to be of state-wide importance to Blanding's turtles (contact the DNR's Natural Heritage and Nongarne Research Program if you wish to determine if your project or home is in one of these areas), or in any other area where greater protection for Blanding's turtles is desired. List 1. Recommendations for all areas inhabited by List 2. Additional recommendations for areas known to l Blanding's turtles. be of state-wide importance to Blanding's turtles. GENERAL A flyer with an illustration of a Blanding's turtle should be Tuttle crossing signs can be installed adjacent to road - given to all contractors working in the area. Homeowners crossing areas used by Blanding's turtles to increase public should also be informed of the presence of Blanding's awareness and reduce road kills. turtles in the area. Turtles which are in imminent dan er should be moved, by hand, harms Turtles in Workers in the area should be aware that Blanding, s in out of w%. which are not turtles nest June, generally after 4pm, and should be imminent danger should be left undisturbed, advised to minimize disturbance if turtles are seem If a Blanding's turtle nests in your yard, do not disturb the If you would like to provide more protection for a nest. Blanding's turtle nest on your propeNsce"protecting 0 � , Blanding's Tuttle Nests" on page 3 o t is fact sheet. Silt fencing should be set up to keep turtles out of Construction in potential nesting areas should be limited to construction areas. It is critical that silt fencing be the period between September 15 and June I (this is the removed after the area leas been revegetated. time when activity of adults and liatchlings in upland areas I is at a minimum). WETLANDS Small, vegetated temporary wetlands (Types 2 & 3) should Shallow portions of wetlands should not be disturbed not be dredged, deepened, filled, or converted to storm during prime basking time mid morningto mid- afternoon tuffer water retention basins (these wetlands provide important Inlay inandJune). A wide should be left aloe the habitat during spring and summer), shore to minimize human activity near wetlands (has ing Blanding's turtles are more easily disturbed than other turtle species). Wetlands should be protected front pollution; use of Wetlands should be protected from road, lawn, and other fertilizers and pesticides should be avoided, and run-off chemical run-off by a vegetated buffer strip at least 50' from lawns and streets should be controlled. Erosion wide. This area should be left unniowed and in a natural should be prevented to keep sediment from reaching t' condition. wetlands and lakes. I ROADS Roads should be kept to minimum standards on widths and Tunnels should be considered in areas with concentrations lanes (this reduces road kills by slowing traffic and reducing the distance turtles need to cross). of turtle crossings (more than 10 turtles per year er 100 meters of road), and in areas of lower density if tKe level of road use would make a safe crossing impossible for• turtles. Contact your DNR Regional Nongame Specialist for further information on wil ife tunnels. Roads should be ditched, not curbed or below grade. If Roads should be ditched, not cut -bed or below grade. curbs must be used, 4 inch hih curbs at a 3:1 slope are (Blanding's turtles difficulty preferred lave great climbing traditional curbs; curbs and below grade roads trap turtles on the road and can cause road kills).- iN il9)ii"`ola [2i* R Division of Ixcd4igwal Res31d1i'o Environmental o7Y11i"kntal lit°: te%' t.;ci Sheet selle", Wxltii im,!` ,,, unit°........ ROADS Cont. Culverts between wetland areas, or Between wetland areas Road placement should avoid separating wetlands from and nesting areas, should be 36 inches or greater in adjacent upland nesting sites, or these roads should be diameter, and elliptical or flat-bottomed. fenced to prevent turtles from attempting to Crass diem (contact your bNR I`eongame Specialist for details). Wetland crossings should be bridged, or include raised Road placement should avoid bisecting wetlands, or these roadways with culverts which are 36 in or greater in roads should be fenced to prevent turtles from attempting diameter and flat-bottomed or elliptical (raised roadways to cross them (contact your DNR Nongame Specialist for discourage turtles from leaving the wetland, to bask on details). This is especially important for roads with more roads), than 2 lanes. Culverts under roads crossing streams should be oversized Roads crossing streams should be bridged, (atleasttwice as wide as the normal width of open water) and flat-bottomed or elliptical: UTILITIES Utility access and maintenance rows should be kept to a minimum (this reduces road -kill potential) Because trenches can trap turtles, trenches should be checked for turtles prior to being backfilled and the sites should be returned to original grade: LANDSCAPING AND VEGETATION MANAGEMENT Terrain should be left with as much: natural contour as As much natural landscape as possible should be preserved possible. (installation of sod or wood Chips, avin, and planting of trees within nesting habitat can m0e that habitat unusable to nesting Blanding's turtles). Graded areas should be revegetated with native grasses Open space should include some areas at higher elevations and forts (some non -natives form dense patches through for nesting, "These areas should be retained in native which it is difficult for turtles to travel). vegetation, and should be connected to wetlands by a wide corridor of native vegetation. Ve etation management in infrequently mowed areas -- bitches and utility access roads should not be mowed or sued as in ditches, along utility access roads, and under managed through use of chemicals. If vegetation pourer lines -- should be done mechanically (chemicals management is required, it should be done mechanically, should not be used). Work should occur fall through as infrequent)y as possible, and fall through spring spring (after October I' and before June ��' } (mowing can kill turtles present during mowing, and makes it easier for predators to locate turtles Crossing roads) - Protecting Blanding's Turtle Nests; Most predation on turtle nests occurs within 48 hours after the eggs are laid. After this time, the scent is gone from the nest and it is more difficult for predators to locate the nest. Nests more than week old probably din not need additional protection, sinless they are in a particularly vulnerable spot, such as a yard where pets may disturb the nest. Turtle nests can be protected from predators and other disturbance by covering them with a pied of wire fencing (such as chicken wire), secured to the ground with stakes or rocks. The piece of fencing should measure at least 2 ft. x 2 ft., and should be of medium sized mesh (openings should be about 2 in x 2 in.. It is tier), important that the fencing be removed before August 1st so the young turtles can escape from the nest when they hatch) REFERENCES 'Association for Biodiversity Inft rotation. -Heritage Status: Global, National, and Subriational Conservation Status Ranks.`" NatureServe. Version 1.3 April 2001). fittiro,L/x wNN%na1ureser c .i)t��/ra ikiii Jiu i (15 April 201. Coffin, B.I. and L. 'fannmtiller. 1988. Minnesota's Endangered Flora: and Fauna. University of Minnesota Press. Minneapolis.473 pp, Min e,som DNR Db, isi in of Vcofo,meal Resources tim ironmental Rc� iew Fact Shixt S ries lflan&nW 's Turfl ,; REFERENCE (cont. Moriarty, J. J., and M. Linc . 1994. Suggested guidelines for projects occurring its Blandin 's turtle habitat, Unpublished report to the Minnesota DNR. 8 pp: Oldfield, B., and J. J. Moriarty. 1994. Amphibians and Reptiles Dative to Minnesota. University rsit of Minnesota Press, Minneapolis, 237 p1 jwaj, T. D., and J. W. Lang. 2000. Thermal ecology of Blandin ' s turtle in central Minnesota. Chelonian Conservation and Biology 2().62-36. ompd, d bw the III) esxiaaOepats~tatacratarjA'WatialRer.ertrrcvstrrgrs;=rrtol[t'cokwh"d1a'r<,rtr°sVs.dtErlrri4°tt.ld1rrL'dt.'Irti.; lriti,?#§c#c=f.n x e'7a'ti hiviro1J7?a`1Pial ReNew , 00ttohu elle JU, Rio, 25ki 1`,nd, I/V iIS/i5 6i1-'5!� -5101) Wildlife -friendly Erosion Control 5 Wildlife entanglement in, and death from, plastic netting and other than -made plastic materials XVX has been documented in birds (Johnson, 1990; Fuller -Terrine and Tobin, 1993), fish (Johnson; 1990), rnatrunals (Derraik, 2002), and reptiles (Barton and Kinkead, 200 loa fer and Paloski, 2011). Unfortunately, the use of these materials for erosion control continues in many cases, often without consideration for wildlife impact. This plastic netting is frequently used for erosion control during construction and landscape projects and can negatively impact terrestrial and 6 aquatic wildlife pops lations as well as snag in maintenance machinery, resulting in costly repairs and delays. However, erosion -control materials that are wildlife friendly do exist and are sold by several large companies. Below are a few key considerations before starting a project, Ilk Know Your option • Remember to consult with local natural resource agencies (DNR, L SFWS, etc.) before starting a project. They can help you identify sensitive areas and rare species; • When erosion control is necessary, select products with biodegradable netting (natural fiber, biodegradable polyesters, etc.): • DO NOT use products that require UV -light to biodegrade (also called "photodegr i able") as they do not biodegrade properly when shaded by vegetation. •1 lse netting with rectrrgula�'-shaped mesh (riot square 'mesh . • Jse netting with flexible (non -welded} mesh. Know the Landscape • It is especially important to use wildlife -friendly erosion control around. * Areas with threatened or endangered species.. c Wetlands, rivers, lakes, and other watercourses. * Habitat -transition zones (prairie — woodland edges, rocky outcrop -- woodland edges, steep rocky slopes, etc.).. • Use erosion mesh wisely, not all areas with disturbed ground necessitate its use: Zoo not use plastic mesh unless it is specifically required. Other erosion -control options exist (open weave textile (OWT); rolled erosion control products (RECPs) with woven, natural fiber netting). WFEC Fact -sheet — MN DNR 2013 (acc.) Zs X >_N)I„�r'.'.`s..>C '+t,`,?"`.r".�h+�h^XX�"i '., '�.„. ri„-= X �".:"+,�`.*.. .`.+'', Y_<*, K_ �'. II'1111 K'v:"� �,,, J : \� `'{ � � � .. '^, }{ "'KKK., , ✓�' 4 Protect Wildlife n a Avoid photodegradable erosion -control materials where possible. � rs Use only biodegradable materials (typically made from natural fibers), preferably those s that will biodegrade under a variety of . y�t conditions. `{ The cost of erosion -control material that is t �" wildlife friendly is often comparable to�,VVT ;t conventional plastic netting. Plains Gartersnake trapped and killed by welded -plastic square erasion -control mesh placed along a newly installed cement culvert in southern Minnesota. @MN DNR, Cared Hall � t Literature Referencedxk Barton, C. and K. Kinkead. 2005. Do erosion control and t� a+ snakes mesh? Soil and Water Conservation Society t flerraik,J.G.B. 2002. The pollution of the marine W environment by plastic debris. a review. Marine Pollution Bulletin 44:842-852; Duller-Perrone„Z,D,, and M.E. Tobin. 1993. A method for applying and removing bird -exclusion netting in commercial vineyards. Wildlife Society Bulletin z Johnson S.W. 1990. Distribution abundance and ` A small vole that was strangled and killed by Plastic erosion control taken in C)i1Te {t entanglement fl'?rl and other plastics on X with welded and square mesh. Photo southern Minnesota and provided courtesy or Tom 3essen, Alaskan beaches, 1982-1988. Proceedings of the Second International Conference on Marine Debris �" 331-345. X Kapfer, J.M., and R.A.. Palos i. 2011. On the threat to ... snakes of mesh deployed for erosion control and . r � wildlife exclusion, Herpetological Conservation and Y ' "`-` Biology 6.1-: ^d" � �SCk' a e x HATNAL RESOUFM x, *; X'' X h, .+,.. W FC Fact -sheet MN D R 2013 (ace.) ;. tx /A J` , .��.' f y,F'fp., ,y ✓ x"yx K l k Xx ,,' Xfl' l `� . "'' �:„x''Yv ,>`.'.�' `:t`ti 7' r"u' ti x .c^^^ r,. ;; rtiy n„;v' .,.... ,.t A ENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED ; December REGULAR ITEM;# 1 Inwood PUD - Preliminary Plat and Preliminary PUD Plan Kyle l :latt, Community Development Director Dean Zuleler, City Administrator Planning Commission Nick M. Johnson, City Planner' Jack Griffin, City Engineer Greg Malmquist, Fire Chief Stephen 1lastey, Landscape Consultant SUGGESTED ORDER OF BUSINESS: ES : Introduction of Item ..... ........ ...<.,......... .... Community Development Director Report/Presentation............... . .............Community Development Director Questions from.. Council to Staff .....::....... ................_ ....... Mayor Facilitates Call for Motion ........................... ............................Mayor & City Council Discussion ..................:.................... ..... . .................. Mayor City Council Action on Motion ........ ............... ................. .......................... Mayor facilitates POLICY RECCO V NDER: The Planning Commission and Staff are recommending that the City Council approve a request by Mans Hagen Homes and Inwood 10, I., C for a mixed -use Planned Unit Development (PUD) to be located on 157 acres of land at the southeast corner of Inwood Avenue and 0"' Street in Lake Elmo, The City's Subdivision and PUD Ordinance requires that the City Council review and approval a preliminary plat and preliminary development plans before an applicant may proceed with the preparation and recording of a final plat; FISCAL IMPACT: TBD - The City will require that the applicant enter into a developer's agreement with the City to specify the financial responsibilities for various aspects of the subdivision and related public improvements. The project will include oversizin ; of sewer: and wafer infrastructure, as well as improvements to County roads that will require cost participation by the City. The financial responsibilityfor these improvements ' will be negotiated tiated as part of a development contract for the project. -- page i -- City Council Meeting Regular Agenda Item #13 December 2, 2014 SUMMARY AND ACTION REQUESTED: The City of Lake Elmo has received a request from Hans Hagen Homes and InWood 10, LLC for approval of a preliminary plat and preliminary development plans associated with the InWood Planned Unit Development. The PUD will be located on 157 acres of land located southeast of the intersection of Inwood Avenue and 10th Street in Lake Elmo, and is consistent with the development uses and areas as depicted in the general concept plan for the property. The submitted plans cover the entire site; however, the developer intends to proceed construction of only the single family areas at this time, and will need to submit more detailed plans for the multi -family and commercial areas in the future, • The Planning Commission and Staff and are recommending that the City Council approve the l,nVVo#,i Preliminary Plat aru4-trclimfimry��V A ?1an with 19 corietiti*ns�7*f aWtval thro*& tht following motion- FM1djM3MzMz3M= win In addition to the general information noted above, the Planning Commission report includes a breakdown of the changes made to the concept plan in response to specific City conditions and a summary of the flexibility being requested as part of the PUD plans. There were also a few aspects of the plan that have not been revised based on the Council's direction for the Planning Commission to reconsider these particular aspects of the plan, which are also further described in this report. -- page 2 -- City Council Meeting Regular Agenda Item #13 December 2, 2014 The Planning Commission reviewed the InWood Preliminary Plat and Preliminary PUD Plan request at its November 24, 2014 meeting and conducted a public hearing at this time. Before the public hearing was opened, John Rask from Hans Hagen Homes, made a brief presentation and spent time answering questions from Commissioners concerning the development. After the applicant addressed the Commission, the public hearing was opened. During the public hearing, the City received the following testimony: • As part of the presentation to the Planning Commission Staff distributed an additional set of comments from the City Engineer pertaining to 5"' Street and a further study of this road that had been completed by SR F Engineering. These comments are also attached to the City Council report, and essentially provide further recommendations that should be considered as the plans for this roadway segment are finalized by the developer. The proposed road and curve design as documents in the attached plans have been found to be an acceptable design, subject to the access spacing modification and submission of additional details as recommended by the City Engineer, Staff also recommended changes to the conditions of approval as drafted to strengthen the language used in conditions 4 and 9 and to add a reference to condition 12 concerning the additional City Engineering comments dated November 24, 2014. After closing the public hearing, the Planning Commission reviewed the proposed development plans and adopted motions to amend the Staff recommendation in the following manner: City Council Meeting December 2, 2014 Regular Agenda Item #13 To revise the proposed findings of fact to clarify the specific flexibility being requested by the applicant through the PUD review process. o To require the submission of additional details on the landscape plan for the proposed plantings around Pond 200. o To incorporate elements from the City's theming study at the intersections of "Street B" and 10t" Street and 5'11 Street and Inwood Avenue. o To require that the developer install a trail along I Ot" Street between "Street B" and Inwood Avenue. o To specify that the trail through the eastern buffer area be kept as far west on the applicant's property as possible. All of the Commissions revisions to the findings of fact and the additional conditions of approval are incorporated into the attached Resolution 2014-094 for review by the City Council. The Commission also adopted two general motions outside of the scope of the Commission's PUD review that are noted below for consideration by the City Council as follows: • That the Park Commission pnionitize Stonegate Park, including the Inwood development portion, in light of the overall development plans for the area around this park. • That when HOA's are established, before homeowners move into development, that the City makes sure that a bank account and accounting systern is set up to ensure that HOA is viable. After discussing the InWood Prelfiniiiaty Plat and Preliminary PUD Plan, the Planning Commission recommended approval subject to 19 conditions of approval. The motion to Vpmve thg PU* p.m.-ei with a vote of 5 to 2 (Cormnissibtwrs Lunigren and Haggaq voted against the motion). Strengths 0 The Planning Commission and Staff have found the Preliminary PUD plans to be consistent with the General Concept Plan for the development. * Approval of the Inwood PUD Concept Plan allows the applicants to move forward with the preparation of a PUD Final Plan and Final Plat application. 0 The City Council has determined that the proposed Concept Plan is consistent with the City' s Comprehensive Plan. 0 The proposed planned development offers unique design that is consistent with the City' s desire to promote walkable single family neighborhoods with common open space. Weaknesses 0 The project includes several conditions of approval that will need to be net by the applicant, City Council Meeting December 2, 2014 Re,gular Agenda Item #13 Opportunities * The PUD will add users to the City's public water and sanitary sewer system (with connection fees). • The project includes a major piece of the planned 5"Street minor collector road. • The developer and the City have generally agreement concerning the location of the water tower needed to serve this area. Threats * The EAW for the project identifies environmental concerns that will need to be considered during the development process. * The City of Oakdale has raised concerns about transportation access issues along Inwood Avenue. Washington County has agreed to assist in the development of an access spacing plan for Inwood Avenue in the near future. RECOMMENDATION- Based upon the above background information, Staff report and Planning Commission recommendation, it is recommended that the City Council approve the Inwood Preliminary Plat and Preliminary PUD Plans with the 19 conditions of approval as documented in the resolution of approval by taking the following action / with the following motion- "Alove i "Ali 1, 0 ATTACHMENTS: 1. Resolution No. 2014-094 2. Planning Commission Staff Report— 11/24/14 3. InWood PUD Application Booklet 4. PUD Plans a. Application Forins b. PUD Narrative c. Open Space Plan d. Plat Narrative e. Preliminary Plat f Grading Plan (Available Online) g, Utility Plan (Available Online) h. Landscape Plan (Available Online) iHOA Documents (Available Online) 5, Park "N" Concept 6. City Engineer Review Memorandum, dated 11/16/14 7. Fire Chief Review Memorandum, dated 11/17/14 8. Landscape Consultant Review Memorandum, dated 11/18/14 9. Washington County Review Memorandum, dated 11/17/14 10City Council Meeting Minutes — Excerpt from 9/16/14 Meeting City Council Meeting 1V~-- . _-,+ ~. Regular Agenda Item #13 CITY OF LAKE ELMO WAS HINGTON COUNTY, MINNESOTA RESOLUTION NO. 2014-94 A RESOLUTION APPROVING THE NWOOD PRELIMINARY PLATAND PRELIMINARY PUD PLAN WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN and Inwood 10, LCC, 95 South Owasso Boulevard West, St. Paul, MN ("Applicants") have submitted an application to the City of Lake Elmo ("City") for a Preliminary Plat and a Planned Unit Development (PUD) Preliminary Plan for a planned development to be called InWood, copies of which are on file in the City Planning Department; and WHEREAS, the proposed Planned Unit Development is for a mixed -use Planned Unit Development on 157 acres of land located at the southeast comer of Inwood Avenue and 10"' Street in Lake Elmo and will include 275 single-family residential lots, 264 multi -family residential units, and approximately 90,00) square feet of commercial/office uses; and WHEREAS, the Preliminary Plat and Preliminary Plans include the single family portions of the overall PUD development; and WHEREAS, the Lake Elmo City Council approved the InWood PUD Concept Plan on September 16, 2014, and WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on November 24, 2014 to consider the Preliminary Plat and Preliminary Plans for the PUD; and WHEREAS, on November 24, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Inwood PUD Preliminary Plat and Preliminary Plans; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Inwood PUD Preliminary Plat and Preliminary Plans to the City Council as part of a memorandum from the Planning Department dated December 2, 2014; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed Inwood PUD Preliminary Plat and Preliminary Plans at a meeting on December 2, 2014. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: Resolution 2014-94 N 1) That the procedure for obtaining approval of said PUD Preliminary Plan is found in the Lake Elmo City Code, Section 154.800. 2) That all the requirements of said City Code Section 154.800 related to the PUD Preliminary Plan have been met by the Applicant. 3) That the InWood preliminary plat complies with the City's subdivision ordinance and is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 4) That the proposed PUD Preliminary Plan is for a mixed -use Planned Unit Development on 157 acres of land located at the southeast comer of Inwood Avenue and 10" Street in Lake Elmo and that the Preliminary Plan includes 275 single-family residential lots. 5) That the PUD Preliminary Plan will be located on propel ty legally described on the attached Exhibit "A". 6) That the proposed PUD will allow a more flexible, creative, and efficient approach to the use of the land, and will specifically relate to existing zoning district standards in the following manner (with exceptions as noted): Setback LDR Zoning District jMn.j Inwood PUD (NIin.) Front Yard 25 feet 20 feet Interior Side Yard 10 Feet Principal Structure 4 Feet Side / 5 Feet Garage Side Rear Yard 2( feet 20 feet Lot Area 8,000 square feet 4,250 square feet Lot Depth N/A 110 feet Lot Width 60 feet 38 feet a) The InWood PUD shall be exempt from Section 154.457 of the Lake Elmo Zoning Ordinance concerning the width of attached garages b) All other requirements for the City's LDR zoning district will apply, including the allowed uses and other site and development standards 7) That the Ind ood PUD General Concept Plan was approved by the City on September 16, 2014, and that the submitted Preliminary Plat and Preliminary PUD Plan is consistent with the approved General Concept Plan. Resolution 2014-094 I 8) That the InWood preliminary plat and preliminary PUD plan are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area, with the exception of the narrowing and extending of the commercial area further south of 10"' Street along Inwood Avenue as approved in the General Concept Plan. 9) That the InWood preliminary plat and preliminary PUD plan generally complies with the City's LDR - Urban Low Density Residential and HDR — High Medium Density Residential zoning districts with the exceptions to lot size, lot width, setbacks, and garage width requirements as specified above. 10) That the InWood preliminary plat and preliminary PUD plan comply with the City's subdivision ordinance. 11) That the InWood preliminary plat and preliminary PUD plan comply with the City's Planned Unit Development Regulations. 12) That the InWood preliminary plat and preliminary PUD plan comply with City's Engineering Standards, except where noted in the review memorandum from the City Engineer dated 11/16/14 and 11/24/14. 13) That the InWood preliminary plat and preliminary PUD plan comply with other City ordinances, such as landscaping, tree preservation, and erosion and sediment control. 14) That the InWood preliminary plat and preliminary PUD plan achieve multiple identified objectives for planned developments within Lake Elmo, I U KNOW R31 the following conditions are met: 1) 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. 2) 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 InWood project area prior to the acceptance of a final plat for any portion of the PUD area. 3) The preliminary landscape plan shall be updated to address the review comments from the City's landscape architecture consultant as noted in a review letter dated November 18, 2014. 4) Prior to the submission of a final plat for any portion of the InWood PUD, the developer shall reach agreement with the City to detern-tine the appropriate park dedication calculations for the entire development area, 5) As part of any development agreement that includes improvements to one of the adjacent County State Aid Highways (CSAH 13 and I 01h Street), the City and the developer shall determine the appropriate responsibility for the cost of these improvements, Resolution 2014-094 M 6) The applicant must enter into a separate grading agreement with the City prior to the 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. 7) The applicant shall continue to work with the City on the final design of 5"' Street, and in particular, the transition from the InWood PUD to properties located further to the east (including the Boulder Ponds development and land owned by Bremer Financial Services). 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. 9) The proposed public street access to 5'h Street fi-om Streets D2 and the southeast park area (Park 1) shall be eliminated from the preliminary development plans in order to bring the proposed spacing into conformance with the City's access spacing guidelines. The developer shall provide access into the park to the satisfaction of the City Engineer. 10) 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 Home 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. 11) Tice applicant must either move the planned north/south tail through Park I 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. 12) The Final Plat and Plans must address the requested modifications outlined in the City Engineer's review memoranda dated November 16, 2014 and November 24, 2014. 13) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within County rights -of -way as required by Washington County and further described in the review letter received from the County dated November 17, 2014, 14) Prior to recording the Final Plat 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 improvements. 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. 16) The developer shall provide landscape material along the west side of Pond #200 to the satisfaction of the City's landscape consultant. 17) The developer shall incorporate elements from the Lake Elmo Theining Study at the intersection of "Street B" and 10th Street and at the intersection of 5th Street and Inwood Avenue. 18) The developer shall install a multi-puipose trail along I Oth Street between "Street B" and Inwood Avenue. Resolution 2014-094 19) The multi -purpose trail through the eastern buffer area shall be kept as far west on the applicant's property as possible, and the final aliginnent of this trail shall be subject to review by the City's landscape consultant. Passed and duly adopted this 2d day of December 2014 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor Adam Bell, City Clerk Resolution 2014-094 TI IF CITY OF PLANNING COMMISSION LAKE ELMO DATE: 11/24/14 AGENDA ITEM: 4A — PUBLIc HEARING CASE # 2014-48 ITEM: InWood PUD — Preliminary Plat and Preliminary PUT) Plan SUBMITTED BY: Kyle Klatt, Community Development Director REVIEWED BY: Nick Johnson, City Planner Jack Griffin, City Engineer Stephen Mastey, Landscape Architecture, Inc. Greg Malmquist, Fire Chief SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Preliminary Plat and Preliminary PUD Plan application from Hans Hagen Homes and InWood 10, LLC for a mixed use Planned Unit Development (PUD) to be located on 157 acres of land at the southeast comer of Inwood Avenue and I 01h Street in Lake Elmo. The application for a Preliminary Plat and Preliminary PUD Plan follows the City's approval of a general concept plan for the site, and the plans as submitted are consistent with this earlier approval. While the overall plans include a mix of single-family residential, medium to high density residential, and commercial development, the applicant has provided detailed preliminary plans for only the single-family portion of the site. The proposed plat includes 275 single family detached lots, while the remainder of the site will be platted as outlots for future open space, commercial, and multi -family uses. Preliminary development plans will need to be submitted in the future for these other planned uses. Staff is recommending approval of the request subject to compliance with 15 conditions as noted in the Staff report. Applicant: Hans Hagen Homes (John Rask), 941 NE Hillwind Rd. Suite 300, Fridley, MN and Inwood 10, LLC (Tom Scheutte) 95 S Owasso Blvd. W., St. Paul, MN Properq, 6�4,ners: Inwood 10, LLC (Tom Scheutte), 95 S Owasso Blvd. W., St. Paul, MN Location: Part of Section 33 in Lake Elmo, immediately south of 10th Street (CS AH 10), immediately north of Eagle Point Business Park, immediately east of Inwood Avenue (CS AH 13) and immediately west of Stonegate residential subdivision. PIDs: 33.029.21.12.0001, 33.02921.12.0003, 33.029.21.11.0002 and 31029.21.11.0001. Request: Application for Preliminary Plat and Preliminary Planned Unit Development (PUD) Plan approval of a mixed -use development to be named InWood. The preliminary plat includes 275 single-family residential lots, while the remainder of the site will be platted as outlots (subject to fixture review and approval by the City of Lake Elmo). PUBLIC 14EARING ITEM 4A -- ACTION ITEM Existing Land Use and Zoning: Vacant land used for agricultural purposes. Current Zoning: RT­ Rural Transitional Zoning District; Proposed Zoning: LDR — Low Density Residential, HDR — High Density Residential and C — Commercial (all with PUD overlay) Surrounding Land Use and Zoning: North: Vacant agricultural land and two residential homes — RR and Ph` zoning; West: Oak Marsh Golf Course, urban single family subdivision, commercial — City of Oakdale jurisdiction; South: Offices in Eagle Point Business Park (including Bremer Bank facility) — BP zoning; East: Stonegate residential estates subdivision — RE zoning. Comprehensive Plan: Urban Low Density Residential (2.5 — 4 units per acre), Urban High Density Residential/Mixed Use (7.5 — 15 units per acre) and Commercial History: The site has historically been used for agricultural purposes; there is no specific site information on file with the City (the property was subject to development speculation at various times in the past). The applicants have summited a mandatory Environmental Assessment Worksheet (RAW) for the development and the comment period for the EAT ended on October 29, 2014. The City Council will consider adoption of a resolution declaring no need for an EIS (Environmental Impact Statement) at its December 2, 2014 meeting, The City Council approved the general concept plan for the development at its September 16, 2014 meeting. Deadlinefior Action: Application Complete — 10/10/14 60 Day Deadline — 12/10/14 Extension Letter Mailed — No 120 Day Deadline — 2/10/15 Applicable Regulations: Chapter 153 — Subdivision Regulations Article 10 — Urban Residential Districts (LDR and MDR) Article 16 — Planned Unit Development Regulations § 150.270 Storm Water, Erosion, and Sediment Shoreland Management Overlay District REQUEST DETAILS The City of Lake Elmo has received a request from Hans Hagen Homes and InWood 10, LLC for approval of a preliminary plat and preliminary development plans associated with the InWood Planned Unit Development. The PUD will be located on 157 acres of land located southeast of the intersection of Inwood Avenue and I 01h Street in Lake Elmo, and is consistent with the development uses and areas as depicted in the general concept plan for the property. The submitted plans cover the entire site; however, the developer intends to proceed construction of only the single family areas at this time, and will need to submit more detailed plans for the multi -family and commercial areas in the future. As noted during the concept plan review, the overall project can be divided up into three distinct areas on the plans, which includes a multi -family area south of 5tb Street, a single-family "lifestyle housing"' neighborhood north of 5th Street, and commercial areas with frontage along Inwood Avenue. Within the residential areas, the developer plans a mix of different housing options, PUBLIC HEARING ITEM 4A -- ACTION ITEM I including single-family detached housing, townhouses, and multi -family, The planned single-family areas differ from typical residential neighborhoods in that the hits are smaller than otherwise allowed in the LDR zoning district, with reduced setbacks from the LIT, standards as :well, The homes to be built in these areas are intended to appeal to a different market then a typical neighborhood by incorporating common open areas, association -maintained lawns and driveways, and other services, and with amenities that are more typical in a townhouse type of development. The concept plan was approved by the City Council with conditions that ultimately resulted in reductions to the overall dwelling unit count for the project. These changes included the elimination of any multi -family residential north of the proposed 5`h Street aligimient, and further reductions in the number of single-family lots to provide additional space for a larger park in the extreme southeastern part of the site, The preliminary plans as submitted include 275 single-family residential detached dwelling units (down from 281 on the original concept plan) all located in a contiguous area on the site north of `h Street and east of the planned commercial areas along Inwood Avenue. For the purposes of this review, the proposed commercial and multi -fancily areas of the site will not be discussed in terms of specific uses and building footprints or other site details since these details will need to be provided as part of any future PUI i and subdivision review and approvals,: This is very similar to the approach used in the Eagle Point Business Dark, with individual construction projects being reviewed by the City as buildings are proposed for undeveloped sites within the park:. The staff review therefore focuses on the single-family portions of the site in terms of the general }Manning and zoning issues, and all of the single-family lots that are being platted as part of the proposed preliminary plat. All other areas of the development are shown as outlots; and therefore will be subject to future subdivision approval. With the approval of the preliminary development plans as submitted, the developer may proceed with final plat approval for the single-family portions of the InWood development. As part of the concept plan review, the City did approve the configuration of lases as shown on the preliminary development plain. This site layout includes the creation of a commercial area that extends approximately 400 feet east of Inwood Avenue and is located between I Oh Street and 5`h Street. The preliminary plans also mirror the concept plan with the designation of a multi -family for all portions of the site that are south of 5"' Street; The €alter significant development area represents the remainder of the site, which is planned for single-family development. In addition, the plans include a buffer along the eastern boundary of the site that maintains the I00-foot buffer specified for this area: in the Comprehensive Plan. The proposed land uses and configuration of these uses were deemed to be in compliance with the City's Comprehensive Plan by the City Council as part of the findings of approval for the concept plan. The applicant has not deviated from the concept plan approval with the preliminary plat and P . plan submissions. While specific details concerning development within the commercial and multi -family outlots will be provided with future plan submissions, the applicant has provided the required preliminary plans for all site grading, erosion control,, grading, storm water management, utilities, streets, sidewalks; landscaping, and other details for the entire development area. These plans will serve as the basis for all future reviews, whether these reviews are for a final plat related to the single family areas of the site or more detailed preliminary development plans for the conunercial and multi -family portion of the InWood P'Ul. The City's overall PUD process has three phases: 1) General Concept Plan, 2) Preliminary Development flan, and 3) Final flan. It should be noted that the Planning Commission reviewed the InWood General Concept flan at meetings conducted on August 25`b and September 8 of this year; S with approval by the City Council at its September 16, 2014 meeting with the adoption of Resolution No. 2014-72. Approval of the General Concept Plan allows the applicant to proceed with preparation of preliminary plans, which the applicant has now submitted. Staff has reviewed the approved General Concept Plan and all the conditions associated with the approval. The applicant has also provided a point -by -point response to the conditions of approval, which is included in the application packet provided to the Planning Commission. The applicant has previously explained the rational for requesting a Planned Unit Development (PUD) as part of the concept plan application, and Staff has agreed that using the PUD process for the development of this site is reasonable and beneficial for the City in a number of ways, including: The PUD process allows the City to review the site as a whole instead of dealing with individual development projects that may or may not be connected to each other. This overall approach allows the City to work with the developer on a series of larger planning and development issues on this site, including determining the appropriate road configurations through this area, the best manner in which to serve not just the applicant's site, but adjacent areas with sewer and water services, and many other connected issues including park dedication, trails, County road improvements, landscaping and buffering and other aspects to site development. • The developer has requested certain exceptions from standard zoning requirements as allowed through the PUD process) in order to bring forward a unique development that provides a housing option not presently found in Lake Elmo. The resulting project will function similar to a townhouse project, but with all of the homes on individual lots under separate ownership. • The integrated approach allows the developer to plan for common maintenance and upkeep of the areas around individual homes, which further allows for some unique street, configurations that will bring open space into a median planting/stonn, water area within certain streets in the development. • The development proposes a mix of uses and activities across the site that can be integrated as one larger development instead of separate areas. For instance, the planned roads have been designed to provide necessary access to residential and commercial areas while providing for appropriate separation between these uses. • The applicant has previously provided documentation that the development plans are consistent with the City's requirements for consideration of a PUD. In terms of new roads to serve the InWood development, the preliminary plans include the extension of the City's planned-5h Street minor collector road from the western -most extension of this road through the Boulder Ponds development to the east all the way its eventually termination point at Inwood Avenue. The developer is proposing to build this road as part of the Phase I improvements, and it will serve as the main collector road for moving traffic through the middle portion of the development while providing an important link to the east. The other major road feature, labeled as Street B and Street B-2 on the plans, will provide a north and south connection through the entire site and will eventually provide a link between I O'h Street, 5"' Street, and Eagle Point Boulevard and the extreme southern portion of the development. Other local streets will be constructed as the residential lots are platted or in conjunction with future plans for multi -family and commercial development. PUBLIC HEARING ITEM 4A — ACTION IT The other major features of the InWood Preliminary PUD Plans include the creation of a new park area immediately to the west of the existing Stonegate Park in the southeastern portion of the development; an extensive trail system providing access throughout the internal portions of the development, a site -wide storm water infiltration system that is intended to comply with South Washington Watershed District requirements, and the use of center medians within individual neighborhoods to provide common green space within the local street system. The applicant has also submitted a concept plan for the use of Outlot P in the northwestern portion of the site in response to the Planning Commissions request for additional gathering space in this area. The InWood planned development is located within Stage I of the 1-94 Corridor Planning Area, and pubic water and sewer services are presently available to the site via connections to the Eagle Point Business Park, The City's Comprehensive Plan calls for installation of a public water trunk line to bring water down to this area from the north that will also provide connections to City of Lake Elmo water system for the other near -by developments to the east. PLANNING AND ZONING ISSUES Because the Planning Commission has previously received a significant amount of information along with the concept plan for the InWood PUD and spent several hours over the course of two meetings reviewing this information, Staff will therefore focus on those aspects of the plans that have been changed or updated since the City's concept plan approval, along with a general summary of the PUT) request as submitted by the applicant of the current report. Other general issues are noted as well: As required by the City's Zoning and Subdivision Ordinances, the applicant has provided a such greater amount of inforniation as part of the current submission than is required for a Concept. Because of this, Staff will not attempt to spell out every single change or update from the concept plan, but instead will provide a summary of the most significant changes that have been made to address specific comments from the Commission as follows: • All multi -family development is located south of 5' Street, and the area previously planned for multi -family housing in the extreme northwest portion of the site has been changed to commercial development. These units have been eliminated from the plans and resulted in -a fairly significant drop to the overall site density, • The southeastern comer has been reconfigured to provide a larger park area adjacent to the Stonegate Park. The general park concept layout is consistent with a plan that was presented by the applicant during the concept plan review, • The portion of 5b Street extending to the east and south of the applicants' site has been reconfigured to avoid any additional right-of-way acquisition from Bremer Bank. • Sidewalks have been added to both sides of "Street B" per the recommendation of the Planning Commission, • Any lots that were encroaching into the required 100-foot buffer area between InWood and Stonegate have been moved to comply with this requirement. PUBLIC HEARING ITEM 4A — ACTION ITEM • In response to the planning Commission request for additional small park in the northwest corner of the development the developer has submitted a concept for Outiot P (Street N) that shows how this area could be used for public gathering space associated amenities. The applicant has accurately pointed out that the City's reviewing bodies did have differences of opinions concerning, the size and most appropriate improvement for this area. • As a response to a specific condition of approval, the developer has proposed specific design considerations for the single family homes. These standards will be incorporated as part of the City approval. There are other aspects of the development plans that were discussed by the Planning Commission but that have not been changed based on the City Council's direction to have the Commission reconsider these items as part of its preliminary development plan review. Please refer to the attached minutes for the specific Council direction on these review items. These specific development items include the following: The plans as submitted do not incorporate sidewalks on the interior loop roads throughout the subdivision. The developer has provided a response to this Condition in the application packet (Page 6 of Exhibit A), and has explained bow these particular streets have been designed to accommodate pedestrians safely, In particular, the applicant stated that these streets have been designed to slow traffic, provide space for guest parking in a location that reduces conflict points, promote clear sight lines along the road, reduce or eliminate cut through traffic, soften the landscape with plantings in the median, and minimize the distance to sidewalk and trails that connect to the broader trail network within and outside the development. The lots at the end of the Streets E, F, and H have been left in a configuration that follows the concept plan submission. The applicant again has provided a response to the concept plan condition of approval as noted on Page 7 of Exhibit A in their PUD application materials. The applicant has specifically stated in this response that making this change would require pushing the lots back towards the boundary with Stonegate instead of maintaining a more substantial buffer than otherwise required to preserve the existing landscaping in this area. Staff would also like to point out that the resulting lots at the end of the curve are actually very similar in size to the "designer" lots in the southern portion of the development. As depicted on the InWood preliminary plat, the designer lots range in size from 8,346 to 11,931 square feet while the lots at the end of the loop roads in the eastern portion of the site range in size from 8,800 square feet to 10,754 square feet. Please note that all of the lots at the end of these cul-de-sacs meet the minimize lot size requirements of tile City's LDR Zoning Districts For all practical purposes, there is not a lot of differentiation, if any, between these two types of lots in terms of size, and the applicant has indicated that making these lots larger will have the unintended consequence of impacting the existing landscape buffer, The applicant has accurately noted that the County does not have plans for trails along either Inwood Avenue or I Oth Street as part of its long-range plans, and has therefore not included such trails as part of the preliminary development plans, After discussing this matter with the Count j y, Staff does not object to the applicant's position concerning trails along and within the County right-of-way., but would like to note that the City's trail plan does include a connection from the intersection of I 01h and Inwood through this development to the east. Staff is recommending that as a condition of approval for the preliminary PUD plans, that the preliminary development plans be updated to include a trail connection either along Inwood Avenue from I Otb Street to either 5th Street or to the planned trail segment along 9th Street or a trail connection along 10th Street that connects Street B and the trail to the east to Inwood Avenue. The applicant has provided a detailed summary and response to all other conditions of approval that addresses the City's previous review comments, along with a line -by -fine response to the application submission requirements for this type of request. Staff has reviewed this information and found that it is an accurate response to the various development requirements and conditions of concept plan approval. The InWood development includes -a request for a Planned Unit Development and some related flexibility as perraitted under this ordinance. In order to grant a PUD, an applicant is required to demonstrate compliance with the City's PUD applicant requirements and PUD Objectives. These requirements and objectives are spelled out in the attached PUD Narrative provided by the applicant, along a response for each item. For the most part, the single family portion of the development is consistent with the zoning requirements for the City's LIAR — Low Density Residential Zoning District, with the exceptions that were discussed during the concept plan review and are summarized as follows: Setback LDR Zoning District fflin.) Inwood PUD fflin.) Front Yard 25 feet 20 feet Interior Side Yard 10 Feet Principal Structure 4 Feet Side / 5 Feet Garage Side Rear Yard 20 feet 20 feet Lot Area 8,000 square feet 4,250 square feet Lot Depth N/A 110 feet Lot Width 60 feet 38 feet All other requirements for the City's LDR zoning district will apply, including the allowed uses and other site and development standards. Please note that the above table includes some minor modifications from the numbers proposed by the developer and are being recommended by Staff in order to ensure that there is sufficient flexibility to construct the subdivision as proposed. The purpose of this table is to document the minimum expectation for lots and homes in the development, and is otherwise consistent with the development plans. Staff is also recommended numbers that will allow for minor revisions to various site planning issues that have been identified by Staff, including wetland buffers, provision of adequate storm water infiltration areas, and road adjustments that are necessary for the development to comply with all applicable City development and engineering standards. For instance, the City is requesting that all wetland buffers be contained within an outlot and not spill over on to private properties. The developer should be able to address this review comment by making small adjustments to the property boundaries in these portions of the site to that the actual on site conditions will not necessarily need to be changed. The application packet provided by the applicant provides a fairly detailed response to the City's PUD Ordinance requirements for a preliminary development plan, and Staff will not be providing much more in terms of further analysis for this inforination, but would like to specifically comment on the following aspects of the plan: The City's PUT requirements require that 20% of the prqJject area not within street rights -of - way must be preserved as open space (and the ordinance specifically allows infiltration areas to be counted towards this amount). The applicant has provided a specific plan as part of the application materials that demonstrates that over 30% of the site, including roads, will be open space. While the proposed lot dimensional standards listed above are lower than those required in the LDR zoning district, the applicant has proposed a preliminary plan that includes a mixture of lot sizes and widths throughout the development, including "designer lots" in the southeast portion of the site that will predominately comply with the LDR district standards. The overall breakdown of lot widths is listed in the development application as follows: o 16% of lots are 38 feet in width o 53% are 50 feet in width o 16% are 58 feet in width o 15% are 65 feet in width With the provision of open space as note above and even with the smaller lot sizes that have been proposed, this development falls within the lower end of the range allowed for low density residential development in the City Comprehensive Plan. The PUD applicant materials include a specific zoning and phasing plan for the project. As noted in the previous Staff report concerning this matter, the base zoning will be established at the time the final plat is recorded for the entire development (the specific land use areas will not be established as separate outlots until this time). The Zoning for the property will be split between LDR, HDR — High Density Residential, and C — Commercial consistent with the corresponding land uses on the applicant's plans. The Phasing Plan divides the single family area into four distinct phases, starting with the neighborhoods immediately adjacent and north of 5"' Street, As noted earlier, the phase I area includes the construction of 5h Street across the entire development site. There is no time fi-ame established for the construction of any buildings or public improvements within the commercial or multi -family portions of the site. The overall site plan for the property follows the adopted concept plan very closely. Staff has conducted a review of the detailed plat and plans and specific comments from Staff concerning these plans are listed in the following section of this report. The following is a general summary of the subdivision design elements that have proposed as pail of the InWood preliminary plat and plans: Zoning and Site information: • Existing Zoning: RT — Rural Development Transitional District • Proposed Zoning: LDR, MDR and C • Total Site Area: 157.2 acres • Total Residential Units: 539 (275 single family, 264 multi -family per 0 Proposed Density (Net): development plans) Single Family — 3,0 units per acre Multi -family — 9.1 units per acre Proposed Lot Dimensional Standards through Planned Unit Development Process: Proposed Street Standards: * ROW Width — Local • ROW Width —Minor Collector • ROW Width — Loop Roads • Street Widths — Local: • Street Widths — Loop Roads 60 ft. (per Subdivision Ordinance) 100 ft. (Engineering Standard) 40 ft. (one way segment with median) 28 ft. (per City standard) 24 ft. (one way) The standards listed above are all either in compliance with the applicable requirements from the City's zoning and subdivision regulations, or are consistent with requested modifications through the proposed planned unit development`(PUD). Based on Staff s review of the Preliminary Plat and Preliminary PUD Plan, the applicant has generally demonstrated compliance with the majority of the applicable codes, and the requested modifications or flexibilities as allowed under the City's PUD Ordinance represent a reasonable;request given the various design goals the applicant it trying to achieve. REVIEW AND ANALYSIS City Staff has reviewed the InWood preliminary plat and preliminary PUD plan. In general, the proposed plat will meet all applicable City requirements for conditional approval, and any deficiencies or additional modifications that are needed are noted as part of the review record. In addition, the City has received a detailed list of comments fi-ora the City Engineer, the Fire Chief and the City's Landscape Consultant, Stephen Mastey, all of which are attached for consideration by the Commission. In addition to the general comments that have been provided in the preceding sections of this report, Staff would like the Planning Commission to consider the following review comments as well: Critical Path Issues: Water Tower. The City's water supply plan, last updated as part of the 2008 Comprehensive Plan Update, indicates that a water tower is necessary to serve this area in order to provide adequate water system operations to serve the additional units (both commercial and residential REC units) within the proposed development area. Although the Comprehensive Plan does identify a water tower southwest of the I Oth Street and Inwood Avenue intersection - of the applicant's property, the land owner has been negotiating with the City to identify a location for this water tower on land they presently own north of I Ot" Street. At this point, there is a general agreement in place for the City to acquire land roughly midway between 15t" Street and I 0"h Street and adjacent to Inwood Avenue, which would allow the City to construct the tower with the other planned water improvements in the area. As noted during the concept plan review, the location of the tower will need to be finalized prior to the platting of any property within the PUD project area. M 5"' Street. The applicant has submitted plans for 5t" Street that comply with the location for this road as depicted in the City's transportation plan, As the Planning Commission has seen with other projects in the area, transition from InWood to Boulder Ponds by the Bremer Bank facility and Stonegate Park has previously been identified as a pinch point and an extremely difficult transition area for this segment of the road. In balancing the needs and expectations of all impacted parties, while also adhering to the road alignment as previously approved by the City, the developer has submitted plans that avoid any further impacts to Bremer's property while keeping the curve somewhat tighter to minimize impacts to Stonegate Park and the new park area adjacent to Stonegate. The curve as proposed would reduce the intended design speed for 5'h Street through this area; however, both the applicant and Bremer Bank have stated that they would prefer this solution to a higher deign speed. Should the proposed design be found to be problematic as planning for 5th Street continues into the final plat submission, the City will still be able to continuing working with the applicant and neighboring property owners on an acceptable solution. As noted below, the applicant has also agreed to modify the preliminary plan to eliminate two of the existing access points on to 5" Street, which will also help ensure that that the proposed design will serve the intended function of the road, Staff is recommending that the plans as submitted be approved for InWood, with the understanding that additional conversations with the affected property owners and the results of any further analysis will be taken into consideration as the developer's plans are finalized for their entire segment. City Engineer Comments. The City Engineer has submitted a detailed list of comments that will need be addressed prior to the City's approval of final development plans for this property. None of the comments represent a critical concern, (other than the ones noted above) that will not be able to be addressed by the applicant as they finalize the development plans for the site, and most of the comments are requesting technical revisions to ensure compliance with the City's engineering and development standards. Of particular note, the City Engineer has requested a realignment of Street N around Outlot P to meet the City's required geometries and is asking that all wetland buffers and the high water level of storm water infiltration ponds be located on publicly owned outlots. Sewer and Water. The City will be extending water down Inwood Avenue to serve the urban service areas along the 1-94 Corridor as identified in the City's Comprehensive Plan. Prior to the completion of this water project, the InWood development will be served under the City's current agreement with the City of Oakdale. The water main project is expected to be completed in 2015. The developer will also be required to install sewer service throughout the project area, and the City Engineer has asked that the preliminary plans be updated to accommodate the oversizing necessary to provide adequate service levels within and adjacent to this development. The developer has provided a general response to the City Engineer's comments, and will continue working with the City Engineer to ensure that the final design accommodates the City's service needs for the entire area. Environmental Review, The public comment period for the InWood EA was completed on October 29, 2014. The City received six letters from commenting agencies, and based on the comments received, Staff agrees with the developer that none of the comments provided represent a significant environmental issue that could not otherwise be addressed through the City's review and approval process. The City Council will be considering the EAW comments at its December 2, 2014 meeting, and will be asked to consider a resolution finding no need to perform an EIS (Environmental hnpact Statement) at this time. The developer is also working on a response to the comments that will be included with the Council resolution. Design Standards. The Planning Commission requested the inclusion of residential design standards as part of the PIT approval, The developer has proposed specific design standards for the residential homes as listed in the PUD Narrative and response to conditions of approval, Trails. In order to help better illustrate the location of all trails and sidewalks planned within the development the developer has submitted a specific color plan illustrating the location of these improvements throughout the project area. Staff would like to noted that although the developer is not planned to install any trails beyond those shown along Inwood Avenue and I 01h Street, the City's Trail Plan does depict a City trail extending from this intersection to the City's wide trail network to the south and east of this area. Based on this plan, Staff is recommending that the preliminary development plans be updated to include a trail connection either along Inwood Avenue from I Oth Street to either 5th Street or to the planned trail segment along `Street or a trail connection along , 10"' Street that connects Street B and the trail to the east to Inwood Avenue. o Trail Adjacent to Ketland. In response to comments from the City Engineer, the applicant will need to either move the planned nordi/south tail through Park I further to the west around air existing wetland area or will need to work with the South Washington Watershed District to design:a multi -purpose trail through the buffer area that complies with the watershed district's requirements. Sidewalks. The developer has provided a sidewalk along both sides of Street B in response to the concept plan review comments from the City. The developer's response to other sidewalk issues are noted elsewhere in this report. Washington County Review. The City has received an updated set of comments from the County that mirror its review of the concept plan. The developer will need to prepare plans for the intersection of Inwood Avenue and 5'i Street and Street B and 10"' Street that comply with the County's requirements for intersection improvements at these intersections. Staffis recommending that a condition of approval note that the City and developer will need to determine the appropriate cost sharing for these required improvements as part of a development agreement for the Phase I and Phase 3 development areas. The County is also asking for additional right-of-way to be platted along 10"' Street; the final plat will need to incorporate the County's requirements for right-of-way in this portion of the plat. 51" Street Access. Staff is recommending that access to 5 1h Street from Streets D2 and the southeast park be eliminated from the development plans in order to bring the proposed - spacing into conformance with the City's access spacing guidelines. Staff is requesting that the developer continue working with the City to determine the most appropriate access into and out of the southeast park area. Staff is encouraging the inclusion of a connecting road between the park area and Outlot C in the approximately location of Lot 4, Block 7 on the preliminary plat. Zoning. Staff will bring forward the appropriate zoning map amendments for consideration once the applicant has submitted a final plat for the first phase of the development, PUBLIC HEARING ITEM 4A — ACTION ITEM IN • Wetlands. The wetlands identified on the site are being protected from development, The City Engineer has requested that the applicant keep all buffer areas around these wetlands on publicly owned property. • Landscape Plan ReviewlTree Preservation. The City's Landscape Architect has completed an initial review of the proposed landscape plan and tree preservation plan, and his review comments are attached. The developer has been asked to provide additional documentation to verify that the eastern evergreen trees would be exempt from the City's replacement requirements. • Park Dedication. The applicant has indicated that 12.2% of the overall land area planned for single family development will be dedicated as public parkland, which exceeds the City's requirement for land dedication for this type of use. The City will need to work with the developer to account for the multi -family and commercial park land calculations as part of any future development agreements for the project. • Phasing. The developer will be constructing all of 5 Ih Street and roughly one-third of the single-family lots as part of Phase 1. The applicant will need to enter into a development contract with the City related to the improvements necessary to service this development, • Fire Chief Comments. Comments from the Fire Chief are attached for consideration by the Planning Commission. These comments will be taken into account as the final construction plans are being reviewed by the City. Other Comments: • Subdivision Requirements, The City's Subdivision Ordinance includes a fairly lengthy list of standards that must be met by all new subdivisions, and include requirements for blocks, lots, easements, erosion and sediment control, drainage systems, monuments, sanitary sewer and water facilities, streets, and other aspects of the plans. Many of these requirements have been addressed as part of the City Engineer's review memo (which is sunnuarized below). After reviewing the proposed plat and PUD plan, Staff has not found any aspect of the plat that conflict with these requirements. • Comprehensive Plan. With the elimination of the multi -family area in the northwest portion of the site, the overall densities proposed within both the single-family area and multi -family area are very much in line with the City's future land use plan. In this case, the Low Density Residential land use allows for residential densities at 2.5 to 3.99 units per acre and the applicant has proposed a net density of 3.0 units per acre. For the multi -family area, the developer is indicating that these densities will fall in the range of 8.4 to 9.1 units per acre, which is well within the Comprehensive Plan guidance of 7.5 to 15 units per acre. • Buffer Area. The preliminary development plans indicate that no residential parcels will encroach into the required I 00-foot buffer area between Stonegate and the InWood PLID. There are several locations in which the developer is providing a larger buffer area than required, with some areas as wide as 230 feet. • Street Names. The final plat will need to incorporate street names per the direction of the Planning Department. • Shoreland Ordinance. The preliminary development plans have been designed to comply with the City's Shoreland Management Overlay District. The specific development plans IM that are subject to Shoreland;regulations will need to be reviewed with any future development proposals for these site. Watershed District i Review. Staff has not received any comments from the South Washington Watershed District concerning the InWood PU . The development will need to comply with watershed district regulations and permitting requirements as the project moves forward for construction. henting. Staff has distributed the Branding ng nd The ng Study completed by Damon Farber and Associates to the applicants previously. In finalizing a landscape plan for the site staff would recommend that the applicants consider the -inclusion of various therning elements and amenities identified in the plan for various locations within the development. For example, the 5th Street and Inwood Avenue Intersection presents a gateway opportunity for the City. Utilizing some of the elements described in the theming study would help the development and City achieve unique design that is consistent with the therm; that the City is attempting to augment and achieve as private development moves forward. Based on the above Staff report and analysis, Staff is recommending approval of the preliminary plat and. preliminary PUD plan with 15 conditions intended to address the outstanding issues netted above and to further clarify the City's expectations in order for the developer to move forward with a final plat and final P D plan... The recommended conditions are divided into two categories to better communicate the purpose and intent of the conditions. The recommended conditions are as follows: Pending Am�kw and Approvals 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. 2) 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 Inwood project area prior to the acceptance of a final plat for any portion of the PUD area. ) The preliminary landscape plan shall be updated to address the review comments from the City"s landscape architecture consultant as noted in a review letter dated November 18, 2014: 4) Prior to the submission of a final plat for any portion of the IriWood PUD, the developer shall work with the City to determine the appropriate park dedication calculations for the entire development area. 5) As part: of any development agreement that includes improvements to one of the adjacent County State Aid Highways (CSAH 13 and 10`' Street), the City and the developer shall determine the appropriate responsibility for the cost of these improvements. r) The applicant must enter into a separate grading agreement with the City prior to the 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.. 7) The applicant shall continue to work with the City on the final design of 5`h Street, and in particular, the transition from the InWood PUD to properties located' further to the east (including the Boulder Ponds development and land owned by Bremer Financial Services). 14 8) The utility construction plans shall be updated to incorporate the recommendations of the City Engineer concerning the appropriate location and size of sewer set -vices through the PUD planning area, including any requested oversizing of these facilities to service adjacent properties. 111 11 1 ii !I! I I F I I I I Mill I I I MI � 111 MIMEMMORam 9) The proposed public street access to 5"' Street from Streets D2 and the southeast park area (Park 1) shall be eliminated from the preliminary development plans in order to bring the proposed spacing into conformance with the City's access spacing guidelines. Staff is requesting that the developer continue working with the City to determine the most appropriate access into and out of the southeast park area. 10) 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;Home 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. I I) The applicant must either move the planned north/south tail through Park I 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. 12) The Final Plat and Plans must address the requested modifications outlined in the City Engineer's review memorandum dated November 16,2014. 13) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within County rights -of -way as required by Washington County and further described in the review letter received from the County dated November 17,2014. 14) Prior to recording the Final Plat 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 improvements. 15) The developer must follow all the rules and regulations of the Weiland Conservation Act, and adhere to the conditions of approval for the South Washington Watershed District Permit, DRAFT FWDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed InWood preliminary plat and preliminary PUD plan: That the InWood PUD General Concept Plan was approved by the City on September 16, 2014, and the submitted Preliminary Plat and Preliminary PUD Plan is consistent with the approved General Concept Plan, PUBLIC HEARING ITEM 4A — ACTION ITEM In • That the InWood preliminary plat and preliminary PUD plan are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area, • That the InWood preliminary plat and preliminary PUD plan generally complies with the City's LIAR - Urban Low Density Residential and MDR — Urban Medium Density Residential zoning districts. • That the InWood preliminary plat and preliminary PUD plan comply with the City's subdivision ordinance. • That the InWood preliminary plat and preliminary PUD plan comply with the City's Planned Unit Development Regulations. • That the InWood preliminary plat and preliminary PUD plan comply with City's Engineering Standards, except where noted in the review memorandum from the City Engineer dated 11/16/14. • That the InWood preliminary plat and preliminary PUD plan comply with other City zoning ordinances, such as landscaping, tree preservation, and erosion and sediment control. • That the InWood preliminary plat and preliminary PUD plan achieve multiple identified objectives for planned developments within Lake Elino. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the InWood Preliminary Plat and Preliminary PUD Plan with the 15 conditions of approval as listed in the Staff report, Suggested motion: "Move to recommend approval of the In Wood Preliminary Plat and Preliminary PUD Plan with the 15 conditions of approval as drafted by Staff based on thefindings of fact listed in the Staff Report ATTACHMENTS: 1. InWood PUD Application Booklet a. PUD Plans b. Application Forms c. PUD Narrative & Open Space Plan e. Plat Narrative f. Preliminary Plat g. Grading Plan h. Utility Plan i. Landscape Plan j. HOA Documents In 2. Park "N" Concept 3. City Engineer Review Memorandum, dated 11/16/14 4. Fire Chief Review Memorandum, dated 11/17/14 5. Landscape Consultant Review Memorandum, dated 11/18/14 6. Washington County Review Memoranduni, dated 11/17/14 7. City Council Meeting Minutes — Excerpt tong 9/16/14 Meeting 8. Not Included in Packet — Available Upon Request: a. Storm [Vater Managenient Plan ORDER OF BUSINESS: - Introduction . ...... - ............. ... Planning Staff - Report by Staff ..... ...... .......... .....................Planning Staff - Questions from the Commission.. ...... ....... Chair & Commission Members - Open the Public Hearing ...... ............ ............... — ................Chair - Close the Public Hearing ........... .......... ...... — ........................:......Chair Discussion by the Commission .. Chair & Commission Members - Action by the Commission .......... ........ __ ....... Chair & Commission Members PUBLIC HEARING ITEM 4A —ACTION ITEM InWood Preliminaty Plat and PUD Preliminary Plan Applications 1. Applicaftorgm 3. PUD Narrative 4. Open Space Plan 6. Preliminary Plat & Utility Plan 10. HOA Document z e .xi m . . . r a+. »xi Yb *'" . rti � .... 41 a I I ;�. ■ I Date Received: THE CITY OF 651-747-3900 Received By: LA K E ELMO 3800 Laverne Avenue North W File#: Lake9mo, MN 55042 PRELIMINARY PLAT APPLICATION Applicant: Address: Phone #: -z',yo:z 7-- Email Address:-,), - Fee Owner: Address: Phone #: Email Address: Property Location (Address and Complete (long) Legal Descdption: General information of proposed subdivision: Conducted pre -application meeting with Staff? 'J 9- Yes 11 No In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning Ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense, Signature of applicant: Date: Signature of Fee Date: SN'0RMS\P1or,,nhq Depi Vc,,trns Prarnfls - Forms Pla,t AIij)li(-a1,ion ojily I 031 'Uocwnisti 31012V M 2:31 Psi 11,11' CATY OF AK E ELMO ACKNOWLEDGEMENT OF RESPONSIBILITY Lake Elmo City Hall 651-747.3900 This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request, This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application, EM S, 7 Name of applicant --���/—'�'-�j Phone X7 -4- (Please Print) Name and address of Contact (if other than applicant} -­ Rt-,'visefl 9111/20133:01, PIA L Act Him City Hall T � I I , CITY t )1 7-3900 3800 Lavk�vokeiwtkxth Al"'FIRAIIATION OF 1 hereby affin that I arn tho fee title owner of the below described property or that I have, wfitten r)U[h0j'jZaji0I) f1r)III 01G, MY110f to PLIt'SUO the described action, 't 1:41 Name of -a (Please prlht) Street addressAegaldes cription Of subjectprot)ek--A"'I, Date ff you are nut the fee ovitiew, atta6h anothef crony of this form which has been cornpleted by the fee owner or awpy of your aulhorization to Pursue this actlom if a Corporation is fee title flolder, attach o copy of the rpsofution of tire Board of Directors outhoriziog this , -ir Act), if a joint venture or partnership is thp fec owner, Mach a copy of agreeft-nent authorizing this oction on behalf of tho joint ventaro- 01'Partneistrix Date Received: THE E t:xITY OF Received By: _ LAPermit#: LAND USE APPLICATION El Comprehensive Plan El Zoning District Amend 11 Zoning Text Amend 0 Variance*(see below) El Zoning Appeal ® Conditional Use Permit (C,U.P.) El Plead Plain C.U.P;, 1:1 Interim Use Permit (l.t :P.) Excavating/Grading El Lot Line Adjustment El Minor Subdivision Residential Subdivision Sketch/Concept Plan PUD Concept Plan J& PUD Preliminary Plan PUD Finial Plan Phone ## "` w Email Address:_ Properly Location {Address and Complete (long) Legal Description: ' � Detailed Reason for Request _ �a • practical difficulties before a variance can be granted, The practical difficulties related to this application are as fdllows In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures, I further acknowledge the fee explanation as outlined in the applications procedures and hereby agree to pay all statements received from the City pertaining to additional application expense: Signature of appicarits C ._` ^"" Cate: r `' Signature of fee owner-,_-,_--_, ri-qs ci,ry or�' JAKE ELMO ZV Lake Elmo City Hall 651-747-3900 HIM U, INHIMS "M I understand that this application may be revlewW by City staff and consultants, I further understand th additional information, including, but not limited to traffic analysis and expert testimony may be required ired f f h review of this application, I agree to pay to the City upon demand, expenses, determined by the City, tj., the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount be determined by the Clty� Said expenses shall include, but are not limited to staff time, engineering, Is expenses and other consultant expenses, Name of applicant Phone (Please Print) Name and address of Contact (if other than Rewsed 312014 9:11 AM pit- (,,'i'ry of h� K E 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. .0 Y 4 Name of applicant /-1 '4 h (Please Print) Street address/legal description of subject property 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, Lake E11*110 City Hall T1 fl-, CITY OF 651-747-3900 [A K f"11"ELMO N 5 5 0 4 2 AFORMATIOAl Ot- SUFFICIEWT IAITFFRESI� ! hereby affirm that I ani the few title owner of the bol*w described pro porry 01, th"M I have written 8(jjba67atjoj) froze tho ownet, to ptitsue the descObed action Ai Name of applicant .... (Please Print) Street iddressilegal description of subject propertyzv?, , ------ ---- Signatol-0 Date It Yen tire not the fee cim ' let" attach ,illattler oupy of this fools vdilcA has beon completed by the fee owner r ocopy car coof your authorization to pur5be INS adoll, If a corporatiori is fee fitfe hokler, atiacli a copy of the resolution of the Board of Directo'rs amthodzing NS action If ajoint vcmture or partnership is the fee owner, attacti a copy of Pgreemnefil authorizing this action on behall'of thO joint venture or partnersi ilp, PUD Preliminary Plan Application InWood Village — Single Family Home Narrative October 10, 2014 The City's PUD Preliminary PUD application requests the IbIlowing information: A Written statement generally describing the proposed NID and the market which it is intended to serve and its demand showing its relationshif) to the City's Conywehensive Plan and how the j)roposed PUD is designed arranged and operated in order to permll the development and use Qf neighboring 1-7rqperly in accordance with the aj,7plicable regulations of the City, " The proposed single family neighborbood is intended to serve an empty nester and young professional demographic that desires maintenance free living in a single family home. The City's Comprehensive Land Use Plan identifies a density range of 2.5 to 3.99 units per acre for the single family portion of the neighborhood. The Ind ood PUD has a gross density of 2.7 units per acre, and a net density (gross land area, - park) of 3.0 units per acre. The Housing Element of the City's Comprehensive Plan outlines objectives for providing a, variety of housing choices in the City. The Housing Element of the Plan also provides a strategy of preserving open space by focusing the future growth in the 1-94 Corridor, InWood provides a choice Of housing not currently available, and is located within the I- cad C,orridor, The Housing Element further states that, "in the future, the City would like to encourage the development of life -cycle, workforce, and rental housing," Goal number 3 of the Housing Element on page IV-6 states that, "the City must strive to attract and develop a greater variety of housing that suits the needs of seniors...," The InWood neighborhood would advance the goals of the Rousing Element by providing a type of housing not currently available ill Lake Elmo, including housing that would serve the needs of seniors. The arrangement of the neighborhood and the variety of housing is consistent with the City's Land Use Plan. The City's Land Use Plan identifies a mix of low density housing, high density housing, and commercial oil this particular property. A statement oj'the prot)osedfin ancing qI'the PIJD. InWood would be financed privately. We are not requesting tiny financial assistance, nor asking the City to finance and assess any of the proposed development, including the construction of S"' Street. Hans Hagen flonies will design, finance, and construct 5 th Street through the project site. I I�laleinent qI'the estitnated total number qI'dwelling units proposed.161- the PUD and a tabulation qf the proposed approximate allocations cif land use expressed in acres and as a pere ent cif flyer total project area, which shall include tit least the fiollo-tving.- Single Family = 102.9 acres. Future Commercial = 23.4 acres. Future High Density Residential =- 30.8, it. Area devoted to conunon op( ?n space; 29 acres of open space in Single Family Area., 48. acres of open space for entire neighborhood.) iii. Area devoted to public open space and public amenities; 12.58 acres of parkland in Single Family neighborhood, 1.76 acres in future multi -family area. iv. Approximate area devoted to, and nuinber of qff-slreet parking and loading spaces and related access; Each home will have a minimum of a two car garage with adequate parking for tit least two cars in each driveway. The commercial and multi -family uses shown on the plan are conceptual, A detailed site plan, including parking lot layout, wilt be provided once specific buildings and tenants are identified. v. Approximate area, an*Iloears area, devoted to commercial use: Future commercial uses would occupy approximately 23.4 acres, and would include 90,870 square feet of conitnercial. Some of these buildings could be office as permitted under the COITIrnercial zoning of the property, vi. Approximate areo, army floor area, devoted to industrial or office use; None ofthe commercial buildings are identified exclusively for office at this time; however, it's likely that some of the buildings would contain sot -tie office USM When Me proposed PUD hicludes increases in densu�v q1'residential development above the base zoning -district, astatement descrihinthe site amenities to he included within the PUD, and demonstrating, that the proposed site anienilies sufflcient�y achieve the desired densitij bonus. Applicant is required to dentonsirate that till site amenity standards have been inel in tar der to be awarded increased densi�yjbr residential development, The single family portion of the PUD is at a gross density ot`23 units per acre and a net density of 3.0 units/acre. The density is below the 3.99 permitted by the Comprehensive bonus is necessary, Plan. Accordingly, no density When the PUD is to be constructed in stages during a period qJ'fune extending be nda single construction season, a schedulefior the development elf such stages or units shall be submitted stating the ty)1proxiinate, beginning and corn pleion date, for each such stage or unit and the proportion qf the total Pt D public or common open q-7ace and dwelling units to be provided or constructed during each such suite and overt, -ill chronology of development to be follou,edfioin stage to stage, See attached Phasing Plan, 04hen the proposed P UD includes j)rovisionsfor public, or common ol)en space or service facilities, a statement describing the provision that is to be nuldefor the care and maintenance (?f *such open space at, servicefiacilities, Included with this application is a draft of the Declaration of Covenants, Conditions and Restrictions and Easements that provide for the care and maintenance of open space areas of the single family neighborhood, including the infiltration areas, The future commercialand multi -family areas would be responsible for maintenance of their respective open space areas. Any restrictive covenants that art-, to be recorded vrith respect to property included in the proposed PUD, Included with this application is a draft of the Declaration of Covenants, Conditions, Restrictions and Easements that cover the single tarnily neighborhood. Section 154.801 of the Zoning Ordinance states that the City should consider whether one or more of the objectives listed below is being achieved when approving a Planned Unit Development. A, Innovation in land development techniques that may be more suitable,fin- a given parcel than conventional approaches, The City's Land Use Guide Plan calls for a mix of uses on the InWood property. The InWood PUD arranges commercial, multi -family and single Family cases in a manner that provides fir appropriate vehicle access, pedestrian connections, and transitions between uses. Berms, water features, public parks, opens spaces, and landscaping will establish transitions between different land uses. The 11131) also incorporates low impact development street designs that provide for enhanced storm water management. public,lociluies, 'The single 't"arnily lots are located north of proposed 5"' Street on the east side of the neighborhood. A public park is established between the single family homes and the Stonegate development. The west side of the property adjacent to Inwood Avenue is planned for commercial use Significant water features, berms, and landscaping lie between the single family and the multifamily/commercial uses. The requested PUD provides for the integration of these compatible land uses, C. Provision of more adequate, usable, and suitabbi) located open sl)aee., recreational amenities and other publicPcilities than would other ivise be provided under conventional land development techniqm�s, The In` ood neighborhood incorporates a variety of open space and recreational amenities. 'Me park on the cast side of the neighborhood provides open space adjacent to the Stonegate development, as well as a trail connection to existing Stonegate public park. The park and trail system extends through the neighborhood to the commercial district of InWood. Trails and sidewalks are also provided along 5"' Street with connections to the linear park. The Preliminary PUD also includes additional public parkland to expand the Stonegate park, as well as a park- south of 5'1' Street for use and enjoyment of residents in the multi- family portion of the neighborhood. The park south of 5"' Street will also serve the adjacent commercial development providing a location for workers to enjoy a walk or lunch in the park. D. 4ccommodation of housing cif all types vrith convenient access to emPlqyment opportunities andlor commercialfiacilities; and especially to create additional opl)ortunifiesfior senior and tilfordable housing The InWood neighborhood provides convenient access to existing employment opportunities located in the adjacent Eagle Point Office Park., as well as nearby locations in Oakdale, Woodbury, and Lake Elmo. As discussed earlier, the neighborhood will provide a variety of housing types including: townhouses, multifiarnily, senior, and single family homes. E. Pre, sei-vation and enhancement of iny.)orlant! environmental,features through corejul and sensitive placement qf buildings and./acilities, The property consists almost entirely oftilled agricultural fields and contains no significant environmental features. The trees along the east property line will be saved and incorporated into the park. F Preservation of lasforic building,,s% structures or landscal) efiealures, There are no historic buildings or significant landscape t'catUres fiound on the property, G. within the develoinnent anti surrounding land uses, As discussed above, the purpose of the PUD is to provide for the appropriate mixing and integration of land uses. The architecture, of the single family homes will be controlled through standards imposed by Hans Hagen Homes, The opportunity for the buyer to choose from a variety of architectural styles, features, colors, and materials will create visual interest and establish the unique neighborhood character of InWood. Final building plans for the commercial or multi-lamily propel -ties will be completed as specific projects are identified. Future buildings on these pal -eels would conform to applicable City standards, 1-1. Creation of inure qfficient provision qfpublic utilities andservices, lessened deinand oil transporlation, and die promotion ofenerD,, resource conservation, Master planning this neighborhood provides for the efficient layout and design of public utilities and services. The neighborhood will provide important connections to Eagle Point Boulevard, Inwood Avenue, and 10"' Street. It will also provide the connection of 5"' Street through the prqject site. 1, Allowing the development to operate in concert with a redevelopment plan in certain area cif the City and to ensure the redevelopment goals and oiectives will be achieved, The project does not include any redevelopment. J. I-ligher standards qf site and building design than ivould otherlfiV be provided under conventional land development technique, The Lake Elmo PUD ordinance is designed to provide the flexibility necessary to establish housing choices encouraged by the Comprehensive Plan, as well as housing not currently available in Lake Elmo, As discussed above, the, InWood master plan provides efficient use of public infrastructure plus an excellent integration of adjacent land uses as compared to many small subdivisions of different uses proposed by multiple developers. InWood features low impact development street designs, attractive streetscape, a variety of homes and architectural features all incorporated with unique stort-n water management and landscape architecture, 5 Preliminary Play Narrative HansHagen Homes October 0, 2014 . Written Statement a. Lit c?f'conlael inform tion: Applicant John Rask plans Hagen Homes, Inc. 41 E Hillwincl Road, Suite 300 Fridley, MCI 55432 73-5-721 Property Owner Tom Schuette 95 South Owasso Blvd. l } St, Paul, MN 55117 51.484-0f} Sury vor Dan C. bermiller l: ; Rucl and Sans, Inc. 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 1-361-20 Civil 11 ier Brian 1Crystoflak, PE. Carlson lson cCain, Inc, 248 Apollo Drive, Suite 10 Dian Ulk-eS, MN 55014 7 3-4 9-7 l5 Wetland Consultant Melissa Barrett Kjolbaug Environmental 26105 Wild Roe Lane Sborev,lood MN 55331 52-401- ' 5'7 b, A listing ofthe.following site data: Address, current zanioj,�, paj�cej size in acres and square feet, properfy identification number•(s) and current legal description(s,); See attached application, c. A listing qfgeneral itffionnation including: the proposed nalne cif the subdivision, the number qfprol)osed lots, acreage dedicated liar open space or public use, acreage dedicated within rights qfway; InWood includes the following lots: i. 275 Single Family Lots ii. Outlots for future commercial and multi-fat-aily housing m. 29 acres of open space in the single family neighborhood (approximately 49 acres of open space in the entire neighborhood) iv. 34 acres of public right-of-way d. An exj)lanation of how issues have been addressed since the Sketch P, lalphase qf *the develolmient; Attached as Exhibit A to this narrative is an explanation of how issues have been addressed since the Concept Plan. a Anai-i-ativcexplainirigthe init->ntof'theprqiecian(iloryoutrorigitialorrevised. vision fin, theflinishedjnwduct; The Preliminary Plat Application is for the single family portion of the InWood PUD Concept approved by the City Council. The single farmly neighborhood is referred to as Ind ood Village, and includes homes with association maintenance. The neighborhood provides the benefits of a single family home, with all the conveniences of a townhorne. The association maintenance of lawn areas and snow removal provides the homeowner with the freedom to travel, own a winter or summer home, or more time for recreation. InWood borneowners may select "ale-earte" services through the homeowner association, such as gutter clearling, spring and fall clean-up, and other services to assist in the upkeep and maintenance of the outdoor spaces. Hans Hagen Homes will assist each buyer in selecting and designing a home that -fits their particular need. Individual homeowners have the ability to choose from a wide variety of plans, exterior materials, including extensive use ol"brick and stone, architectural features, and landscape designs. ']'his process creates variety and interest in the architecture of the neighborhood, 2 1nWood Village will feature private outdoor patio spaces; a private yard for gardening, plentiful landscaping, and a homeowners association to take care of the exterior spaces. Lush landscaping in the front yards and center medians provide a park like atmosphere on every street. f. statement showing the lrrojms d density crf'the pr°clject with the rrtethod qf calculating said densitl, shown; i. Single Family land use area of the plat includes 102.9 acres ii. 275 total single tarnily hones iii. Single family Gross Density of2.7 units per acre iv. Single Family Net Density ity of 3.1 units per acre (excludes dark land) -. Discuss proposed infrastructure nij)r ove ents andpho s in thereof (i, e rrol)osed r oadwgt.�s; sewer• s vertrs, water ,systems, siclewall sltrails parking, etc) necesscrq to serve the subdivision: The proposed roadways are consistent with the City' Transportation Plan, "' Street frorn Inwood Avenue to the Boulder Ponds Neighborhood will be constructed in 2015. All roadways will be phased as market demand warrants. In general, the phasing of lots will occur from south to north. The utility plan provides the extension of municipal sanitary sewer° through the Boulder fonds neighborhood. Hans Hagen en Homes is working with the City and Boulder fonds to coordinate the extension of the municipal sewer., and would request that the City coordinate the installition of the sewer through Boulder fonds development so that it is available to 1nWood in the surru er of 2015. Municipal 'stater will be extended from both the south and west. The Cityis planning the construction of a trunk water main alone Inwood in the summer of 2015, The neighborhood will connect to this main along with a connWiOrl to the boulder bonds neighborhood. Sidewalks and trails will be installed along 5t" `street in the first phase of development. The trail in the park along the eastern edge of"the property will be constructed in the first phase in 2015. Other trails and sidewalks will be phased as streets are constructed, hr narrative addressing c oncernsli sues° raised Ian= neighboring 1.)rpertie.s° (discussing proposal ivi/h the neighboring land oivners is recommended to WO a sense ct 'vvhat issues incty arise as your application is 7)roces.s°ecr',1; Neighborhood input was provided during the PUD Concept flan 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 land use, The bind uses and density of the I mood neighborhood are consistent with the City's Comprehensive Plan, and no changes are necessary as a result of the Preliminary flat application, Hans Jaen Homes has also designed the neighborhood to lessen the impacts can adjacent property owners, as well as to enhance the neighborhood for future residents, These design features include; i. A linear park along the eastern edge of the property that exceeds theCity's initial standard of 100 feet.. The Inwood linear park varies from 100 feet to over 200 feet. ii. The lots grid streets were orientated eastlwest with cul-de-sac lots backing to the linear bark. There are only 19 lots that flack up to the linear lark over a distance of 2,640 feet. tinder standard zoning, there could be 40 lots backing tip to the buffer. ii. Additional land for a neighborhood Bark adjacent to the existing Stonegate development. This park will serve the reeds of residents living in InWo d as well as the neighborhoods to the east, iv. landscaped berms along 10"' Street, "' Street, and along a portion; of the western edge of the neighborhood. i. description of how conflicts with near bjr Iona` uses 6ivabilily, value portent cal, f tune development, etc. candlort thsturbcances to wetlands or natural areas are being avoided or initigale The In4 ood neighborhood is consistent with the City's Comprehensive flan which provides for a graduation of land ,use intensities over the site. North of the P Street parkway will be single family homes. Transitioning to the west' will be commercial. rcial. The neighborhood plan for In rood provides a lame: pond and benzins to help transition between the commercial and single family neighborhood.. The In rood neighborhood plan avoids and preserves the three wetland basins found:on the site. While these wetlands are currently farmed and s gniticantly degraded, it's Our intent to restore: therm with native vegetation, j, Provide.justif caation that the proposal mill not ploce an (;,Vc.•es,sive Boar°elen on rereads Ir(Jfic); sewage, water sarlrlrly, prark,s, schools,fire, police, or crtlac>r pi,iblie trcilitz ,�lsvc r dices (inelmling tr°ar c fleas is) in, the area. `the City's Comprehensive plan provides for the planned and orderly growth ciftine community by making sure that the necessary infrastructure and services are in place as growth occurs. Because the proposed neighborhood is consistent with the 'ity's Comprehensive Plan, no impacts or excessive burdens are anticipated to the roads, public utilities, or public services. detailed traffic study was 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 ?forth St, Paul school district, k. If al)plicable, provide a description of prop used lake or e access, (i.. shared darcic with inultil4e lilx , individual docksr each lot etc.); Not applicable. 1, A description qfj)raposedparks andl r� open .slaacke#. Please include a brief statement on the In-ola .s a' ownership and maintenance caf swirl areas; The neighborhood will include approximately 14.34 acres of public parkland. {overall, the neighborhood includes approximately 49 acres of open spaces, including public park, trail corridors, landscaped berets, ponding, infiltration areas, wetland preservation areas;: and private open space. The private open space and infiltration areas will be maintained by a homeowners association. rrt, A prolmsed development schedule indicating the alrlarT xint to date when construction of the project or stages, of the =satne, Can be expected to begs n and be contl7leted including the proj.) r{sedpheasing of construction crfPublic improvements and recreational and common slrace areas). Construction of aa' Street and site grading would commence in the spring of 2015 with the first neighborhood lots being developed in the summer of 2015, The single family neighborhood is anticipated to be phased over a 7 year period; Annul hoarse construction will likely vary with fluctuations in the housing market. InWood Response to PUD Conditions of Approval October 10, 2014 On September 16, 2014, the City Council approved the PUD Concept Plan for InWood subject to 25 conditions, 11-ie 25 conditions are listed below along with a response to each condition: 1. The applicant must obtain permission and cons entfi-om the adjoining propeqy inviter, Bretner Bank, related to the right-qf-wq)� and alignment a the 5a, Street minor collector road itr the southeast cot -tier qj'the site, The final alignment inust be deternfinedprior to the submittal (?fPUD Prelimnary Plan and Preliminary Plat aj)plications, The proposed 5"' Street alignment is consistent with the City's transportation plan, Hans Ragen Homes is proposing a design speed of 40 mph for 5th Street with one exception. A small segment of the road next to the City Park would be slightly less than the 40 mph design speed recommended by the City Engineer. This slight reduction in the design speed allows the road to go farther south thereby minimizing the impacts to Stonegate Park, as well as the proposed additional park property. If a higher roadway design speed is necessary, Hans Hagen Homes could adjust 5"' Street to the north to provide the recommended design speed. However, given the impacts to the park, a slight deviation to the standard appears warranted. Hans Hagen Homes approached Bremer Bank about acquiring some additional property for 5t" Street. This additional right-of-way would have allowed us to save the parkland and trees while providing, the higher design speed next to the park. However, Bremer Bank declined our request because it would interfere with their future expansion plans, Hans Hagen Hornes will construct 5"' Street in one phase, and will complete the work in the spring of 2015. Boulder Ponds does not plan to construct 5"' Street until after 2015. As such, the construction of 5t" Street through In food will likely occur prior to the construction of 5"' Street through Boulder Ponds, Hans Flagen Homes does not plan to impact the Bremer Bank Property and will work with Boulder Ponds to coordinate the alignment. 2, Requesif6r.flexibilit.), related to lot size, Width, setbacks and all other requirements per the (­"ity`s Zoning Ordinance at, Design Standards inust be clarified and doetanenled as part of P111) Pr elitninary Plan and Pr elinfinaty Plat submission, Minimum lot sizes and setbacks for InWood single family neighborhood are as follows: Setbacks: Front Yard = 20 feet Side Yard = 4 feet Rear Yard = 20 feet IMMM Lot Widths = 38, 50, 58, and 65 feet 16% of the lots will be 38 feet in width 53% of the lots will be 50 feet in width 16% of the lots will be 58 feet in width 15% of the lots will be 65 feet in width Lot Depth = 125 feet Minimum lot sues will range from 4,750 sq. ft. to 8,125 sq. 41. 3. The al.tplicationfior Preliininwj� Plat and Preliminary PUD Plan approval will include an overall PUDplanning document that addresses the flexibility requests noted in the preceding condition and that also specifies the specijlc desigrn considerations to be used throughout the prqject area, All of the single family homes will be part of a neighborhood association that is responsible for the maintenance of the yards and common areas. The specific design standards for the homes iTICILide: Front Home Elevations: All front elevations shall include stone, brick, stucco or lap siding. Trim Detail on All Elevations: a. Frieze board on gable roof elements b. Window trim c. Door trim & Corner board unless brick or stone is used e, Belly bands on homes with (-,vo stories above grade Doors and Windows: a. Windows on thefirontelevation shall include grids. b. Windows and doors atay be painted, naturat wood, altar in or vinyl clad. c. All windows iiitistliaveex,terioi-trim i, a, A variety of garage designs will be incorporated into the, desi&m of hornes and will include elernent,,; such as raised panels, windows, recessed doors, N overhangs, gables, corbels and accents that add architectural interest to every home and garage. 1 , Flush garage doers will be prohibited, c. Rome designs shall reduce the impact of blank areas above the garage doors through the use of windows, louvers, lowered roof lines, eyebrows frieze board, or tither trim and details. , Garages adjacent to a street on corner lets shall include a window and trim on the side of the garage facing the street. . 7he Pr elhninai y PUD plans will include led a phasing p1anfitr all portions of the development Attached is a plan showing the general phasing of neighborhood improvements, Timing of"the various phases will be based can market dernand. "' Street will be constructed from Inwood Avenue to Boulder fonds in the first phase. general phasing of the project will occur from south to north given the availability of existing sewer, water, and the natural drainage patterns of the property. The Preli nin atjy Development shall include a 1vater tower within the Project development area in ca location that is deeined acceptable by the Ci� Engineer. Astart alternative, the developer rrrcry identify' an alternate location a sit ,fcrr° the ivater tower in a location deemed acceptable ij� the C.'ib) Engineer provided the ownership of `the site is trans/erred to the City and all required utility, connections are constructed in conjunction with the planing ofthe In Wood PUR The property owner, InWood 10, LLC has proposed a location for a water tower on its property north of 10" `street: The Prelirrrinaty I't. Dplans shall be irl paled to include additional park land in the southeastern of the site. A larger par~ area Qf5 to 10 acres adjacent to the existing Sloneg ate Park and iv tb access to 5a,,Stre t is the preferred location, The location and same of 1hi;s park vvill br}'subject to revien) bj the Lake Elmo Peak Commission, J'he Preliminary PUD provides approximately 4 acres of additional path land in the Southwest corner of the site. This property is part of a larger 12.58 acre open space area that includes the buffer and trail corridor. An additional approximately 1.7 acre park would be provided south of "' Street within the future townhome area. . All street anti median geometries must accommodate t iner-genc y vehicle access and rr ainien ance, Applicants must demonstrate ac:cclatablc turning radii,fi r all uniquey shaped landscape rrrerdians and cul de-Rsacs, All streets ineet acceptable turning radii for emergency and maintenance vehicles, 8. The developer shall,follow till of the rules and regulations shelled taut at the Welland Conservation Act, and shall acquire the neededpermits fi-om the appropriate watershed district prior to the commencement to 'an grading or development activity on the site, 'The plat was redesigned to comply with the Wetland Conservation Act and to avoid and preserve the wetlands. 9, Any land under which public trails are located will be accepted as park land provided the developer constructs said trails as part (?f'lhe public intprovements ,for the subdivision, and the land is located outside ofany restrictive easements. The applicant will work with staff to determine which trails qualify for parkland credit. The applicant anticipates approximately 1.3 acres of additional park land associated with trails. 10, The applicant shall observe all comments and recommendationsftom the City Engineer documented on the Engineer "s report anted August 13, 20M The applicant met with staff and the City Engineer to review the Engineer's report, The appropriate changes have been incorporated in the Preliminary Plat/PUD applications. 11. The Preliminarajl Plat and Preliminaty PUD Plans will address review comments and issues that are identffled within the Environmental Assessatent Worksheetfore the In Woodplanned development site. Based on the draft EAW and preliminary comments, the applicants do not anticipate any changes to the Preliminary Plat and Preliminary PUD plans. The EAW found no significant environmental impacts. Any comments will be addressed as part of the permitting process. 12, The applicant shall enter into a maintenance agreement with the C'itly clar64ng responsibilityfin- all median landscaping and stormulater./acilifies internal to the singleAntily residential streets, Hans Hagen Homes is proposing that the Homeowners Association be responsible for the maintenance and upkeep of the medians and infiltration basins located in the single family neighborhood. 13. The applicants niust ivork with the City, to detern-fine.jair and equitable cost share ,for City costs related to the finure signalization of intersection al 5n, treel and Inwood.4venue (CSAII 1.3). The a plicant has no objections to paying its equitable and proportionMe share of the 5 1 PStrecl and Inwood Avenue signalization, A typical cost sharing proposal 4 distributes the cost based on each approach of the intersection. 'The County has two approaches to the intersection via CSAH 13, and the City has one approach 1p via 5 , Street, There is no future extension planned to the west, As such the County would be responsible for 2/3 of the intersection cost and the City would be responsible for 1/3 of the cost. The applicants understand that a portion of the City's cost is attributed to the future development of the property, and that the applicants would be financially responsible for a portion of the City's cost. The City's Transportation plan identifies 5th Street as a neighborhood collector for all of the growth occurring south of 10"' street and nor th of Hudson Road, including the recently approved Savona and Boulder Ponds neighborhoods. Traffic from these neighborhoods will utilize 5"' Street and the associated signal at Inwood. As such, some cost, sharing m frothese neighborhoods would be appropriate, 14. The applicant inust,rork with Washington Coun�y to address all revien; comments documented in, the attached report dated 81201141,7erfaining if) access and intersection design.for Inwood Avenue (CVJ-I 13) and I Oat Street (CSA 1-11 0) Hans Hagen Homes has discussed the comments with Washington County, None of the comments will impact the Preliminary Plat as proposed. Hans Hagen Homes and Inwood 10 LLC have objected to the County's suggestion that county trails be added along CSAM 13 and 10t" Street, As noted in the County's Comment letter dated August 20, 2014, the trail along Inwood is not included in the County's Comprehensive Plan, The letter further notes that there is ail existing trail on the west side of Inwood, A County trail by definition is one that provides benefit to residents in Washington County, Nearby residents of Oakdale, Woodbury, and Lake Elmo would utilize these trails. The future construction of these trails should be a County expense, The Plat will provide the necessary right-of-way, at no cost to the County, for the future construction of trai Is aaid any necessary road improvements. 15, The apy-Vicant must provide sidewalks on both sides cif Street B to better serm the single, farm residential area, Hans Hagen Homes has included trails on both sides of Street B as requested 16 Additional trail segments along the east side ty'lnwood A venuefiroin 5a,,51reet to 10a,Streel and along 10aiStreet firom Inwood Avenue to the 6-reenbelt Bu r7is fl (f/e must be incorl,oraled into the plans. As stated above, the construction of County trails should be the responsibility of the County as they benefit residents outside of Lake Elmo, in addition to Lake 5 Elmo Residents. The nWood preliminary plat includes trails and sidewalks parallel to and generally within a 300' of Inwood Avenue and I Oh Street, The location of trails proposed in our preliminary plat provide pedestrians with a safe and attractive trail system that eliminates the need for duplicate trails adjacent to the high traffic County Higbways of Inwood and 10"' Street. InWood also includes two additional trails that provide pedestrian corridors from east to west through the neighborhood. `flee first trail is located in the center of InWood, and meanders alm large ponds with extensive landscaping, A second trail on the t north side of 5t Street is next to an eight -foot high landscaped berm. Additional trails and sidewalks are provided throughout the InWood neighborhood for the use and ejjjoyment by residents of Lake Elmo. 17, The al.yVicant must work with the City to ensure conqViance ovith Me City's shoreland provisions and the standards of SWWD and MN DNR related to shoreland areas of designatedpublic waters, The plat as proposed would comply with these applicable standards, I& The develo inentplans must be qj)daledso that all mulli- south qf 511' �sltllleet. No mulli- ftimily housing is located ftoni1j, residential develqpnient ivill be allowed north of 5titStreet. The InWood PUD has been modified to comply with this condition, 19,,5idewalkv shall be provided on one side ref everj� street, including all cul-de-sacs and lool) roads within the development with the ex cepi4on t)J'9'1' Street, Hans Hagen floines is providing sidewalks on one side of all through streets within the neighborhood, Our plan for InWood does not include sidewalks on the one -gray streets. The reason we have not included sidewalks on every street include: * Great care has been taken to design one way streets with a loop that slows traffic and reduces the number of trips past most homes. * The unique loop street design provides guest parking on the median side of the street. This design eliminates the potential I-.woblenis created by backing out o f a driveway between parked cars. * The street design provides a, corridor on the house side of the street that provides clear lines of sight for automobiles and pedestrians, * The looped road design also provides a walkable, pedestrian friendly community that caltris traffic because of the loop. * The 40' wide landscaped median softens the streetscape and makes it visually appealing to walk along. * The loop street is specifically designed to provide a short distance to walk to nearby sidewalk and trail corridors. 20, The trail within the eastern bqf .)�er area near the property boundwy with the Stop gat subdivision shall be located as,ffir ivest as possible on the site. Tbe applicants have no objection to establishing the trail in a manner that maximizes the privacy for existing and future residents,, as well as those using the trails, 'Frail users and homeowners alike will benefit Irom a trail that is private and not infringing on backyards. The trees in this park area were planted for Christmas trees and are generally located in rows. (are will be taken to establish a trail corridor that minimizes tree removal and maximizes privacy for all involved, 21. The lots at the far eastern earl -de -sacs in neighborhoods E, F, and H shall be platted as designer (larger) lots in accordance with the lot so designated on the PUD Concept Plan, Hans Hagen Homes is asking that the Planning Commission reconsider this request. Expanding the width of the homes at the end of the cul-de-sacs will not result in fewer lots, nor will it result in fewer lots backing up to the linear park. The reason for this is that in some instances the lots are only 5 feet wider. Requiring wider lots will push the homes farther back (east) causing more tree removal. As such, the applicant sees it as a tradeoff between 1) providing wider lots and removing niore trees, or 2) providing the original lots and preserving additional trees. Hans Hagen Homes has provided additional buffering beyond the City required minim uin of 100 feet. This was done to try and save trees and provide for a more, usable open space area. It also enhances the screening between the future homes and the Stonegate development, 22. The developer shall consider adding a small park to the northwest portion elf the site subject to review and comment ky the Par; Commission. The Planning Commission, Park Commission and City Council all had different views and recommendations on the location of a future neighborhood park. 'Hie location of the park on the Preliminary flat is consistent with City Council's review of the concept plan. 23, The high densilj� housing area shall be limited to a, inaximum of 15 units per acre, The future housing located south of 5"' Street is not part of this Preliminary Plat, However, the housing south of 5t" Street as identified in the Concept Plan is at a net density of approximately 9,1 units per acre, which is below the allowed main-turnof 15 units per acre 24, The design./br structures within the conunericial and inulli- rand areas shall be consistent with the overall design lhroug�houl the development, including the single- finnily neighborhoods, I The commercial and multi -family buildings:shown on the plan are conceptual and not part of the Preliminary Plat application, These buildings were shown to give the City an idea of how the property could be development, and to assist the applicants and City in designing 5"' Street, as well as planning for the future extension of public utilities. Inwood 10 LLC is not requesting any additional density or other lot size or building setback flexibility, no are they seeking Preliminary Plat or Prelimiriary Pt D approvals at this time. Future development of the commercial and multi- family property will need to be consistent with the City's design standards. Given the size and mass of the commercial and multifamily buildings, the architecture of these buildings will be very different: from the single family honics. 25, All oral-ele-sac streets shall ineet the Ciy's maxinium length requireatents as sj7ec{ ted in the City' 5itbdivision Ordinance, The cul-cle-sacs meet the City maximuin length requirements. Street C (cul-de- sac by the park) will have connection'through the, park property providing additional park access. Given the access limitations along 5t" Street, residents using the park will gain access from the westbound lane of 5"' Street, as well as the Street C cul-de-sac. M I f \ JAL \ � > # 9rrm msgv—�Ili 16 k RR §R 8 4 i R _81, Mg >n s , zi or aaR Raa � Ilia °esglit OA a €erg" 96 1U.", = t i t a. r: n iIi k 0 Z z as } 02 G I 1 N I:ji i, x}esi,zs'an xxw ; « JY..91,d105 "' l'� "'� ,✓ '�^ � t F #� °�� 1 Q ice.-WAS tl v a F R SS 9 r # 666 n { t IE:y F 1 p 1� {.: p , p ?' -•-•_ my `' F iIwowil�r� to n 3 i tk { I4 t m 1 ,t� c I EF 4 N t '' m k 'y } , % # f 1 5� l 3t 111 F 5 . «`i1 1 n r. "I j g } 9 i_.�• E all t 0� {fit WOO t L 133HS 33S t;, •;` 4 ti +!'emu i•` { ". � vh U � L W^ ��� V „fix 47 W ��• iJ U J CC K3 W y 1 { p uW; r ti a t MEMORANDUM Date: November 16, 2014 To: Kyle Klatt, Planning Director Cc: Nick Johnson, City Planner From: Jack Griffin, P.E., City Engineer FOCUSENGINE�RING, inc. Cara Geheren, P.E. 651.300.4161 Jack Griffin, P.E. 651.aOOA264 Ryan Stempsid, P.E. 651.300.4267 Chad Isakson,651.300.4283 An engineering, review has been com%letecLfj� consisted of the following documentation prepared by Carlson -McCain and E.G. Rud & Sons, Inc. - Inwood PUD Preliminary Plan Set, Sheets 1-25, dated October 10, 2o14 Revised Inwood PUD Site Plans, Sheets 15 and 16 dated November 6, 2014. Preliminary Plat and PUD Application, dated October 10, 2_014 StOrmwater Management Plan dated October 10, 2014 STATUS/FINDINGS: Engineering has prepared the following review comments: PRELIMINARY PLAT * Outlots K, L, M, N, 0, P, Q R, S and T should be dedicated to the City as they reside within the City R/W. A maintenance agreement should be executed to require the Outlot landscape maintenance to be completed by the HOA, * Per City requirements all storm sewer pipe easements must be a minimum 30-feet in width, Revise easement or storm sewer pipe along Lots 42-45, Block 10. Additional easement is required for the storm sewer pipe between Lots 12 and 13, Block 10 and Lot 11 Block 10. Only 25 feet is provided and the pipe is placed only-5 feet from the property line. Additional pipe easement is required between Lots 6 and 7, Block 4 and Lots 9 and 10, Block 7 to accommodate both the proposed watermain and proposed sanitary sewer pipes. With 2 pipes passing between these lots the minimum easement must be 40 feet, Revise the Preliminary Plat Building set back lines so that set back lines do not encroach proposed drainage and utility easements, * ccess along Inwood Avenue and 1P Street must be reviewed and approved by Washington County, Improvements required by Washington County at the Intersections along Inwood Avenue and 101h Street should be the responsibility of the developer and should be incorporated as part of the preliminary plat submittal documents, * The traffic impact study completed for the development indicates the need for a signalized intersection at 5' Street and Inwood Avenue, Therefore the installation of a signal should be incorporated as part of the PAGE I of 5 required improvements for the development. The City should consider a cost contribution from the developer for the signal improvements. Turn lanes must be added on all interior development streets at the intersections with 101h Street, Inwood Avenue, and 5`6 Street. Turn lanes must meet state aid standards for a 30 mph design speed, including turn lane length, taper, and lane widths. Street D: Add right turn lane at 10th Street and right turn lane at 51h Street. 9' Street: Add right turn lane at Inwood Avenue, Street B: Add right turn lane at 10th Street and right turn lane at both southbound and northbound intersection with 5th Street, RESIDENTIAL STREETS * The City standard typical section for •-, streets must be placed within the Preliminary Plan set without revisions and including City of Lake Elmo title block. Additional typical sections must detail the entire proposed boulevard including placement of boulevard trees and small utility corridor for City review, Typical street • must reference each street thatthe section applies, Additional CAty review is required once the requested information is provided. * Street C and Street B should be connected in order to improve circulation and eliminate n6n-compliant access to 5"' Street, This connection would provide improved and safer Park access GRADING PLAN, STORMWATER MANAGEMENT AND STORM SEWER SYSTEM The site plan is dependent upon and subject to a storm water management plan meeting State, SWWD and City rules and regulations. Storm water facilities proposed as part of the site plan to meet SWWD permitting requirements must be constructed in accordance with the City Engineering Design Standards Manual available on the City website. • The 100-year HWL must be shown on the grading plans for all wetland areas, Stormwater ponds, Infiltration basins and localized grading low points (rear yard catch basin inlets). Existing HWLs must be shown on the grading plans for all wetlands and water bodies, • Per City requirements, all storm water facilities, including infiltration basins, must be placed in Outiots deeded to the City for maintenance purposes. The Stormwater Facility Outlots must fully incorporate the 100-year HWL, a 10 foot maintenance bench above the NWL and maintenance access roads to the ponds, Add the City required 10:1 maintenance bench around each storm water pond and revise the storm water pond typical detail to include the maintenance bench, Revise grading plans or revise lot lines for Pond 300 to maintain pond HWL and maintenance bench entirely within the Outlot, Revise grading plans or revise lot lines for Pond W1 and W2 to maintain pond HWL within Outlet. Provide Stormwater Pond access approach roadways for each storm water pond using 20 feet minimum width road approaches and 10% maximum grade. Show maintenance access roads clearly on the grading plans, Wetlands and wetland buffers must be placed entirely within Outlets, To better protect and manage wettand buffers the City requires all buffers to remain on a dedicated Outlot. Revise Lots 2, 3, 4, and 5, Block 12 to eliminate the encroachment to the Outlot A wetland buffer, Revise Lots 5, 6, and 7, Block 11, and Lots 8, 9,10 and 11, Block 12 to eliminate the encroachment to the Outiot B wetland buffer, * The Park 1 Wetland Buffer must be shown on the Preliminary Plat and Site Plans. The proposed trail must be revised to remain outside of the wetland buffer. This may require revisions to Lots 10 and 11, Block 1. * Infiltration basin 400 is partially within the Xcel Energy Transmission easement area, Provide documentation from Xcel Energy demonstrating permission to construct the infiltration basin as proposed. * Typical pond section detail — revise to indicate maximum 10 foot depth from NWL, maximum 3:1 slopes below the NWL and 10:1 maintenance bench above the NWL, * The grading plan indicates significant use of retaining walls. Retaining walls should be placed within private lots to be owned and maintained by the HOA. Retaining walls should be placed on City R/W or Outlots dedicated to the City. Retaining walls should also not be placed within lot drainage and utility easements. Revise retaining walls to place all walls within non-publically owned areas, Maintain minimum 15 feet between storm sewer pipe and retaining walls, * The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3.5 feet. Storm sewer pipe sizes, rims and inverts were not provided and therefore could not be reviewed. PAGE 3 (if 5