HomeMy WebLinkAbout04-19-16 City Council Meeting packet 2 of 2
MAYOR & COUNCIL COMMUNICATION
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DATE: April 19, 2016
REGULAR
ITEM #17
AGENDA ITEM: 2016 Street Improvements – Adopt Resolution 2016-31
SUBMITTED BY: Julie Johnson, City Clerk
THROUGH: Sarah Sonsalla, City Attorney
REVIEWED BY: Cathy Bendel, Finance Director Kristina Handt, City Administrator
POLICY RECOMMENDER: City Clerk & Finance Director
FISCAL IMPACT: Passage of this Resolution allows the City to bond for the project. Should
this item not be approved, alternative financing of $1.2M would be required as the project has
been approved for construction. SUMMARY AND ACTION REQUESTED: The City Council adopted Resolution 2015-82
on November 4, 2015 with the following motions:
Councilmember Bloyer, seconded by Councilmember Smith, moved TO AMEND RESOLUTION 2015-82 TO INCLUDE STONEGATE AND KIRKWOOD AREAS AND REMOVE THE KELVIN AVENUE AREA FROM THE PROJECT. MOTION
PASSED 5 – 0.
Councilmember Lundgren, seconded by Councilmember Smith, moved TO ADOPT 2015-82 ORDERING THE 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS AND THE PREPARATION OF PLANS AND SPECIFICATIONS
AS AMENDED, WITH REMOVAL OF THE 6” WATER MAIN LATERAL TO THE
EAST, AND TO AMEND THE WATER LATERAL ASSESSMENT TO $2,900 WITH
AN ADDITIONAL $2,900 DEFERRED TO THE TIME OF CONNECTION. MOTION PASSED 3 – 2. (Bloyer, Fliflet – Nay)
The motion adopting the Resolution required a 4/5 vote to pass per state statute and the City’s
bond counsel cannot include this project in the 2016 Capital Improvement Financing Plan on the 4/19/16 agenda without a new Resolution in support of the project passed by a 4/5 vote.
City Council Meeting
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Resolution 2016-31 has been prepared to approve the project and rescind Resolution 2015-82.
The Council approved bids and awarded the contract for this project at the April 5, 2016 City
Council meeting and the project is ready for construction.
RECOMMENDATION: “Motion to adopt Resolution 2016-31 Ordering the Improvement and Preparation of Plans and Specifications for the 2016 Street, Drainage and Utility Improvements.”
Resolution No. 2016-31
478374v1 SJS LA515-1
1
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-31 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE 2016 STREET, DRAINAGE & UTILITY
IMPROVEMENTS
WHEREAS, pursuant a resolution of the city council adopted the 6th day of October,
2015, the council ordered a hearing on Improvement for the 2016 Street, Drainage and Utility
Improvements; and
WHEREAS, ten days’ mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 4th day of November, 2015, at which all persons
desiring to be heard were given the opportunity to be heard thereon; and
WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated
September 2015 states that the project is necessary, cost-effective, and feasible.
NOW, THEREFORE, BE IT RESOLVED,
1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the
Feasibility Report dated September 2015.
2. Such improvement is hereby ordered as proposed in the council resolution adopted this
19th day of April, 2016.
3. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds.
4. The city engineer is hereby designated as the engineer for making this improvement.
5. The city engineer shall retain the services of a consulting engineering firm to assist, where needed, to prepare Plans and Specifications for the making of such improvement
and to assist the city engineer during the construction phase of the improvement as
requested.
6. The engineer and his consultants shall oversee the preparation of the Plans and Specifications for the making of such improvement.
7. City Council Resolution No. 2015-82, adopted on November 4, 2015, is hereby
rescinded.
Resolution No. 2016-31
478374v1 SJS LA515-1
2
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 19th DAY OF APRIL, 2016.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
Mayor (Seal)
ATTEST:
________________________________
Julie Johnson City Clerk
MAYOR & COUNCIL COMMUNICATION
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DATE: 04/19/2016
REGULAR $$
ITEM # 18
AGENDA ITEM: 2016 Capital Improvement Financing Plan; Presentation of Financing Plan
of G.O. Bonds, Series 2016A; Approval of the issuance of G.O. Bonds,
Series 2016A
SUBMITTED BY: Cathy Bendel, Finance Director
THROUGH: Tammy Omdal, Senior Vice President, Northland Securities
REVIEWED BY: Kristina Handt, City Administrator
Finance Committee
SUGGESTED ORDER OF BUSINESS:
- Questions from Council to Staff ............................................. Mayor Facilitates
- Report/Presentations…………………….……City Staff, Northland Securities
- 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
POLICY RECOMMENDER: Finance Committee
FISCAL IMPACT:
City responsibility for the debt service on the issuance of $9,860,000 of new debt as presented in
the Financing Plan.
SUMMARY AND ACTION REQUESTED:
Throughout 2015 and early 2016, various projects have been brought to City Council and have
been approved to move forward. The updated 2016 CIP listing was reviewed in detail by the
Finance Committee on April 12, 2016 resulting in the 2016A bonding recommendation. This
Financing Plan represents the financing needs based on those approved projects and
recommendations.
City Council Meeting [Consent Agenda Item 18]
April 19, 2016
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STAFF REPORT: Tammy Omdal, Senior Vice President with Northland Securities will
present the report and respond to inquiries.
RECOMMENDATION:
It is recommended that the City Council approve Resolution 2016-28 authorizing the issuance
and sale of $9,860,000 in General Obligation Bonds, Series 2016A.
“Move to approve Resolution 2016-28 authorizing the issuance and sale of General Obligation Bonds, Series 2016A in the amount of $9,860,000”
ATTACHMENT(S):
1. Northland Securities Finance Plan Summary for G.O. Bonds, Series 2016A
2. Certificate of Minutes and Resolution 2016-28 Authorizing the Issuance and Sale of G.O.
Bonds, Series 2016A
3. Municipal Advisors Services Agreement with Northland Services, Inc. for services related to the 2016A bond issuance
MAYOR AND COUNCIL COMMUNICATION
DATE: 4/19/16
REGULAR
ITEM #: 19a
RESOLUTION 2016-35
AGENDA ITEM: Village Preserve 2nd Addition Final Plat
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Emily Becker, City Planner
Jack Griffin, City Engineer
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - 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
PUBLIC POLICY STATEMENT
N/A
SUMMARY AND ACTION REQUESTED:
GWSA Land Development, LLC. Is requesting the Final Plat Village Preserve 2nd Addition, the second
and last phase of the Village Preserve residential development of 45 single family residential lots.
The proposed project is located on the east side of Lake Elmo Ave, north of 39th Street, at the north
side of the old village to the west of the Wildflower development.
Staff and the Planning Commission are recommending the City Council approve the Village Preserve
2nd Addition Final Plat and the Village Preserve 2nd Addition with the following motions:
“Move to approve Resolution 2016-35 granting approval of the Village Preserve 2nd Addition
Final Plat with 13 conditions based on the findings of fact in the staff report”
City Council Meeting [Regular Agenda Item 19a]
April 19, 2016
BACKGROUND AND STAFF REPORT:
GWSA made application for Final Plat of the Village Preserve 2nd Addition on March 7, 2016 and the
Planning Commission held a meeting to review the Plat on April 11, 2016. The Planning Commission
discussed several of the conditions, in particular, the storm ponding, soil stockpiling, landscaping
and irrigation status, HOA status, and items to be completed in cooperation with the Wildflower
development. The Planning Commission recommended approval with the 13 conditions in the staff
report.
RECOMMENDATION:
Staff and the Planning Commission are recommending the City Council approve the Village Preserve
2nd Addition Final Plat and the Village Preserve 2nd Addition with the following motions:
“Move to approve Resolution 2016-35 granting approval of the Village Preserve 2nd
Addition Final Plat with 13 conditions based on the findings of fact in the staff report”.
ATTACHMENT(S):
• Village Preserve Final Plat
• Resolution 2016-35
• Planning Commission packet 4/11/16
• Planning Commission Minutes 4/11/16
1 Resolution 2016-35
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-35 A RESOLUTION APPROVING A FINAL PLAT FOR THE VILLAGE PRESERVE 2ND ADDITION 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, LLC, 10850 Old County Road 15, Suite 200,
Plymouth, MN 55441 has submitted an application to the City of Lake Elmo (“City”) for a Final
Plat for the first phase of the Village Preserve residential subdivision, a copy of which is on file
in the City of Lake Elmo Community Development Department; and
WHEREAS, the City approved the Village Preserve Preliminary Plat on July 15, 2014;
and
WHEREAS, the proposed Village Preserve Final Plat includes 45 single family
residential lots within a planned subdivision on Outlot C, Village Preserve, PID Number:
12.029.21.33.0050 in the Village Planning Area; and
WHEREAS, the Lake Elmo Planning Commission reviewed the Final Plat on April 11,
2016 and adopted a motion recommending approval of the Final Plat subject to 13 conditions of
approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Final Plat as part of a memorandum to the City Council for the
April 19, 2016 Council Meeting; and
WHEREAS, the City Council reviewed the Village Preserve Final Plat at its meeting
held on April 19, 2016 and made the following findings of fact:
1) That the Village Preserve 2nd Addition Final Plat is consistent with the Preliminary Plat as
approved by the City of Lake Elmo on 7/15/14.
2) That the Village Preserve 2nd Addition Final Plat is consistent with the Lake Elmo
Comprehensive Plan and the Future Land Use Map for this area.
3) That the Village Preserve 2nd Addition Final Plat complies with the City’s Urban Low Density Residential zoning district.
4) That the Village Preserve 2nd Addition Final Plat complies with all other applicable zoning
requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof.
2 Resolution 2016-35
5) That the Village Preserve 2nd Addition Final Plat complies with the City’s subdivision
ordinance.
6) That the Village Preserve 2nd Addition Final Plat is consistent with the City’s engineering
standards with the exceptions noted by the City Engineer in his review comments to the City dated 3/28/16.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Village Preserve Final Plat subject to the following conditions:
5) Final construction plans and specifications, shall be revised and approved along with other
comments complying with the City Engineer’s memorandum dated 3/28/16 prior to the release of the final plat for recording.
6) The applicant shall be responsible for 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, and that no
building permits be issued in the second phase until the turnlanes are installed and
Washington County’s requirements have been complied with.
7) The developer shall follow all of the rules and regulations spelled out in the Wetland
Conservation Act, and shall comply with the permit #2015-06 from Valley Branch Watershed
District.
8) Prior to the release of the Final Plat for recording, the Developer shall enter into a
Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore.
9) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the release of the Final Plat for recording.
10) All outlots to be owned by the City, all easements and all rights-of-way as requested by the City Engineer and Public Works Department shall be documented on the Final Construction Plans.
11) The developer shall provide fully executed temporary construction easements or property owner permissions in a form acceptable the city Attorney that allow for the construction and
grading activities for all work off-site from the proposed Plat prior to releasing the Final Plat
for recording.
12) The street Lady Slipper Circle N. shall be changed to 41st Street Circle N. on the Village
Preserve 2nd Addition Plat prior to recording.
13) All public improvements outside of the Village Preserve site needed to serve the residential subdivision, including the facilities shared with Wildflower at Lake Elmo, must be completed prior to issuance of building permits in the Village Preserve 2nd Addition.
3 Resolution 2016-35
14) Prior the release of building permits, the developer shall annex the Village Preserve 2nd
Addition into the Village Preserve Homeowners Association covenants.
15) That a City approved maintenance plan for commonly held CIC and City outlots and
rights-of-ways to be incorporated into the CIC declarations and bylaws and Landscape and Irrigation License Agreement prior to release of the final plat for recording.
16) That a Landscape and Irrigation License Agreement be executed for the maintenance of
commonly held CIC and City outlots and rights-of-ways prior release of the final plat for
recording.
17) That the Final Landscape Plan for Village Preserve 2nd Addition be submitted for approval by the City, including irrigation plans for Village Preserve 1st and 2nd Additions
per the requested of the City Landscape Consultant, documented in a memo dated
3/30/16. Approval shall be required prior to the release of Final Plat for recording.
Passed and duly adopted this 19th day of April, 2016 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________ Mike Pearson, Mayor ATTEST:
____________________________________ Julie Johnson, City Clerk
Lake Elmo Planning Commission Minutes; 4-11-16
City of Lake Elmo
Planning Commission Meeting
Minutes of April 11, 2016
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Kreimer, Dunn, Larson, Griffin, Dodson, Fields, Lundquist
and Williams.
COMMISSIONERS ABSENT: Haggard & Larson
STAFF PRESENT: Planning Director Wensman, & City Planner Becker
Approve Agenda:
The agenda was approved as presented.
Approve Minutes: March 28, 2015
M/S/P: Williams/ move to approve the March 28, 2016 minutes as amended, Vote: 7-0,
motion carried.
Public Hearing – Comprehensive Plan Map Amendment
Wensman started his presentation regarding the Comprehensive Plan amendment. The
City is planning for the Old Village Phase 2 street and utility improvement project. 3
parcels have petitioned to join the MUSA. Within the proposed MUSA, many properties
are currently guided for rural single family and rural area development which is not
consistent with sewered development. The identified parcels will be reguided to Village
Urban Low Density. Met Council approval is required and upon review, the Met Council
has requested that the properties within the MUSA be guided for sewered
development.
Dunn asked how many acres are in the new area. She wants the motions broke into 2
separate motions. She wants to know what the density range is for this Village Urban
Low Denisty. Wensman stated that the range is 1.5 – 2.49 per acre. Wensman stated
that this might need to be continued as the Comp plan requires 3 units per acre for
sewered. Kreimer stated that there can be pockets as long as the overall area meets the
3 units per acre. Wensman stated that he thinks that we will get push back from Met
Council if we use this guidance.
2
Lake Elmo Planning Commission Minutes; 4-11-16
Public hearing on adding the 3 properties opened at 7:15 pm
Steve Johnson, 2915 Lake Elmo Ave, asked what t he designation needed to be.
Williams pointed out that the public hearing was only to add them to the MUSA.
There were no written comments
Public hearing closed at 7:18 pm
M/S/P: Williams/Dunn, move to add findings of fact that there is a homeowner petition,
that the Met Council staff is in agreement with adding these properties and that there is
no significant change in project scope and cost to the City. Vote: 7-0, motion carried.
M/S/P: Williams/Dodson, move to recommend approval of an amendment to the City’s
Comprehensive Wastewater Facilities Plan adding 3 residentail parcels, PID #’s
24.029.21.22.0019, 24.029.21.22.0020 and 24.029.21.22.0021 to the Village MUSA area
based on the attached findings, Vote: 7-0, motion carried.
M/S/P: Williams/Dodson, move to postpone amending the Comprehensive Land Use
Plan by reguiding parcels in the Village MUSA until such time as a new public hearing has
been noticed, Vote: 7-0, motion carried.
Dodson is concerned that the existing RS homes will get that Village Medium Density
designation. Wensman stated that the rezoning should occur shortly after the sewer
hook ups occur.
Dunn stated that the maps are different in the packet than what was shown tonight.
She would like things clarified and simplified.
Public Hearing – Rezoning the Inwood Water Tower site to PF
The City’s Inwood Watertower site is currently zoned Rural Residentail and essential
services are guided in the Comprehensive Plan as Public/Park. The requiest is to rezone
the Inwood watertower to PF – Public/Semi Public. This is a 1.44 acre parcel owned by
the City.
Public hearing opened at 7:34 pm
No one spoke and there were no written comments.
Public hearing closed at 7:35 pm
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Lake Elmo Planning Commission Minutes; 4-11-16
M/S/P:Lundquist/Williams, move to recommend approval of the rezoning of the Inwood
Watertower site PID #28.029.21.42.0003, from the RR – Rural Residential Zoning District
to the PF – PF Public or Semi-Public zoning district, Vote: 7-0, motion carried.
M/S/P:Williams/Dodson, proposes an amendment to include based on the findings
presented in the staff report, Vote: 7-0, motion carried.
Business Item – Village Preserve 2nd Addition Final Plat
Wensman started his presentation regarding Village Preserve 2nd addition. This
application is to Final Plat Outlot C into 45 single family homeas and a .13 acre outlot for
a trail. This final plat is consistent with the preliminary plat.
The Fire Chief would like the street named Lady Slipper Circle on the plat map changed
to 41st Street Circle. Wensman went throught he findings of fact and 13 conditions of
approval, one of which is constructing a turn lane on Lake Elmo Ave. Building permits
will not be issued until the turn lane is constructed.
Dodson pointed out a few technical changes. He also asked if the HOA had been
established yet. Wensman stated that the documents have been drafted, but beyond
that he is not sure.
Craig Allen, GWSA, talked about the drainage of the development and the shared
ponding with Wildflower. The irrigation and landscape plan was all done at once and
should not be difficult to finish up for phase II.
Dunn asked about the sidewalk and trail system and why they are different widths.
Allen went through the trail system.
M/S/P: Williams/Dodson, move to approve the Village Preserve 2nd addition Final Plat
with the 13 conditions of approval as drafted by Staff based on the findings of fact listed
in the staff report as amended, Vote: 7-0, motion carried.
Business Item – Zoning Text Amendment Noise Ordinance
Planner Becker explained the proposed ordinance as requested by the City Engineer.
The staff would like feedback from the Planning Commission prior to the public hearing
scheduled on April 25th, 2016.
Dodson likes the Oakdale ordinance better than either version of the Lake Elmo
ordinance. He prefers talking about how loud something is and hours vs. types of
equipment allowed. He is also wondering what the penalties are for violations. Becker
stated that the penalty is outlined in ordinance 10.99.
4
Lake Elmo Planning Commission Minutes; 4-11-16
Dunn is concerned about MPCA standards, but does not see those standards anywhere.
Wensman stated that it was previously discussed during the Hecker wedding venue and
states what the noise limits are. Williams thinks there should be a reference to those
standards. Wensman stated that he does not think it is necessary as our numbers come
from those standards.
Dunn feels that the current ordinance protects the current residents and does not feel it
should change. Kreimer does not see a need to change the noise ordinance. He lived
through it in 2014 with Hammes Estates and they worked weekends and it was
miserable. They could not enjoy their property that whole summer.
Fields would rather have exemptions on a project by project basis rather than change
the ordinance. Williams is troubled by the inclusion of Saturday. He would rather see
the ordinance allow public projects to be exempted.
Williams would like to suggest that in section 1A, construction activity is allowed from
7am – 7pm during the week, but nothing on Saturdays. In the last section where it talks
about public projects, allow
Business Item – Zoning Text Amendment – Open Space Preservation Ordinance
Business Item – 2016 Planning Commission Work Plan
Council Updates – April 5, 2016 Meeting
1.Savona 4th addition Developer Agreement – passed.
2.Easton Village Park Plan – passed.
3.Palmquist Commercial Wedding Venue IUP – Postponed.
Staff Updates
1.Upcoming Meetings
a. April 25, 2016
b.May 10, 2016
Commission Concerns
Meeting adjourned at 9:50 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
MAYOR & COUNCIL COMMUNICATION
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DATE: April 19, 2016 REGULAR ITEM # 20a RESOLUTION 2016-34
AGENDA ITEM: Inwood 3rd Addition Residential Subdivision – Final Plat and Final PUD
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Planning Commission Jack Griffin, City Engineer
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 RECCOMENDER: The Planning Commission is recommending that the City
Council approve a Final Plat and Final PUD request from Hans Hagen Homes for the third addition of a planned unit development to be located east of Inwood Avenue and south of 10th
Street within the City’s I-94 corridor planning area. The Final Plat and PUDt had included 68
single-family lots, however to avoid the need to construct a temporary turnaround, the final plat
will be 67 lots and one additional outlot.
The Planning Commission considered the final plat at its March 14, 2016 meeting and a
summary of the Commission’s report and recommendation is included below.
FISCAL IMPACT: The developer agreement includes a detailed accounting of any
development costs that will be the responsibility of the developer and/or the City.
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a
request from Hans Hagen Homes for approval of a Final Plat and Final PUD associated with the
City Council Meeting [Regular Agenda Item 18a]
April 19, 2016
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third phase of the InWood Planned Unit Development (PUD). The Final Plat and PUD consists
of 67 single family lots and seven outlots that will re-subdivide Outlot J, Inwood 1st Addition and
the related construction plans for the improvements necessary to serve the 67 single family
homes. Outlots C, D, and E, 0.29, 0.40 and 0.68 acres respectively, are infiltration basins that will be dedicated to the City. Outlots A, B, F and G will be held by the developer to be replatted
in a future phase.
The Planning Commission reviewed the final plat at the March 14, 2016 meeting. At the
Planning Commission meeting, several errors to the Staff report were noted. Island Trail will be
platted to 10th Street, but only constructed to the northerly extent of the new lots. The 3rd Addition includes an extension of the sidewalk along Island Trail and a new trail through Outlot D as well as in the City Park extending to 10th Street to the north. Also, in several places 2nd
Addition was referenced rather than 3rd Addition.
On March 14, 2016, the Planning Commission recommended approval of the Inwood 3rd
Addition Final Plat and Final PUD Plan subject to 10 conditions of approval. Since the Commission’s review, Staff had the South Washington Watershed District (SWWD) review the infiltration basin design based on concerns with the detail. The SWWD provided recommended
changes to the developer that are attached to this memorandum and are now a condition of
approval. The condition related to the Final Plat lots 11 and 12, Block 4 has been complied with
and the change has been reflected on the attached Final Plat. The attached resolution lists ten conditions of approval.
Since the Planning Commission review and to address an Engineering requirement for a
temporary cul-de-sac, the developer has removed one lot and has turn it into an Outlot G for
future development as reflected on the attached Final Plat.
The suggested motion to adopt the Planning Commission recommendation is as follows:
“Move to adopt Resolution No. 2016-34 approving the final plat for Inwood 3rd Addition with the findings in the staff report”
LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The Planning Commission considered the final plat at its March 14, 2016 meeting, and recommended approval of the request as presented with one additional condition. The Planning Commission adopted a
motion to recommend approval of the final plat consistent with the findings as noted in the
attached resolution. The motion passed unanimously.
BACKGROUND INFORMATION (SWOT):
Strengths •The proposed plat is consistent with preliminary plat and creates
67 new buildable lots and one outlot from a larger outlot thatwas set aside for future replatting.
Weaknesses •None
Opportunities • The request for third addition is based on strong demand for the
lots within the development.
City Council Meeting [Regular Agenda Item 18a]
April 19, 2016
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Threats • None
RECOMMENDATION: The Planning Commission and Staff are recommending that the City Council approve the final plat for Inwood 3rd Addition. The suggested motion to adopt the Planning Commission recommendation is as follows:
“Move to adopt Resolution No. 2016-34 approving the final plat for Inwood 3rd Addition with
the findings in the staff report” ATTACHMENTS:
1. Resolution No. 2016-34
2. Final Plat
3. Planning Commission Staff Report and attachments – 3/14/16 4. Planning Commission Minutes – 3/14/16 5. SWWD Infiltration Basin review email – 3/30/16
1 Resolution 2016-34
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-34 A RESOLUTION APPROVING A FINAL PLAT AND FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR INWOOD 3RD ADDITION PLANNED UNIT DEVELOPMENT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN has
submitted an application to the City of Lake Elmo (“City”) for a Final Plat and Final PUD Plan
for InWood Third Addition Planned Unit Development, a copy of which is on file in the City of
Lake Elmo Planning Department; and
WHEREAS, the City approved the InWood PUD General Concept Plan on September
16, 2014; and
WHEREAS, the City approved the InWood Preliminary Plat and Preliminary PUD Plan
on December 2, 2014; and
WHEREAS, the proposed InWood 3rd Addition Final Plat and Final PUD Plan includes
68 single family residential lots within the single family residential portion of the 157.2-acre
InWood planned unit development located in Stage 1 of the I-94 Corridor Planning Area; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on March 14,
2016 to consider the Final Plat and Preliminary PUD Plan request; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Final Plat and Final PUD Plan subject to 10 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Final Plat and Final PUD Plan as part of a memorandum to the
City Council for the April 19, 2016 Council Meeting; and
WHEREAS, the City Council reviewed the InWood Final Plat and Final PUD Plan at its
meeting held on April 19, 2016 and made the following findings of fact:
1) That the procedure for obtaining approval of said Final Plat and Final PUD plans is found
in the Lake Elmo City Code, Sections 153.08 and 154.750.
2) That all the requirements of said City Code Sections 153.08 and 154.750 related to the Final Plat and Final PUD plans have been met by the Applicant.
2 Resolution 2016-34
3) That the proposed Final Plat for InWood 3rd Addition consists of the creation of 68
single-family detached residential structures.
4) That the InWood 3rd Addition Final Plat and Final PUD Plan is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on December 2, 2014.
5) That the InWood 3rd Addition Final Plat and Final PUD Plan is consistent with the Lake
Elmo Comprehensive Plan and the Future Land Use Map for this area.
6) That the InWood 3rd Addition Final Plat generally complies with the City’s Urban Low Density Residential zoning district, with the exceptions as noted in the approved
Preliminary PUD Plans and as further specified in Resolution No. 2014-094.
7) That the InWood Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof.
8) That the InWood 3rd Addition Final Plat complies with the City’s subdivision ordinance.
9) That the InWood 3rd Addition Final Plat and Final PUD Plan complies with the City’s Planned Unit Development Ordinance.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the InWood 3rd Addition Final Plat and Final PUD Plan subject to the following
conditions: 1) All easements as requested by the City Engineer shall be documented on the Final Plat prior to
the execution of the final plat by City Officials.
2) All conditions/comments from the City Engineer’s review memorandum dated 3/10/16 be complied with prior to the execution of the final plat by City Officials.
3) That the Landscape Plans and Irrigation Plans be reviewed and approved by the City’s
Landscape Architect before a building permit may be issued for any structure within this
subdivision.
4) A Common Interest Agreement concerning management of the common areas of InWood 3rd
Addition and establishing a homeowner’s association shall be submitted in final form to the
Community Development Director before a building permit may be issued for any structure within this subdivision.
5) The applicant shall also 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 and open space on the final plat.
6) The final plat and final development plans shall include provisions satisfactory to the City that
no structure be located within 15 feet of any storm water improvement (include pipes and
catch basins).
3 Resolution 2016-34
7) Retaining walls within rear yard utility easements shall be clearly documented and shall be
owned and maintained by the InWood homeowners’ association. All costs associated with
protection, replacement, or maintenance of retaining walls due to any work in easements bythe City shall be the full responsibility of the HOA.
8)That the trail in the east buffer area be constructed to 10th Street with the 3rd Addition
development, before a building permit may be issued for any structure within this subdivision.
9)All trails within and adjacent to the 3rd Addition development be constructed before any
building permits are issued for any structure within this subdivision.
10) That the infiltration basin design be revised to comply with the South Washington WatershedDistrict’s recommended changes as specified in the email dated 3/30/16.
Passed and duly adopted this 19th day of April, 2016 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________ Mike Pearson, Mayor
ATTEST:
____________________________________ Julie Johnson, City Clerk
1
Stephen Wensman
From:Schilling, Andrew <aschilling@ci.woodbury.mn.us>
Sent:Wednesday, March 30, 2016 1:42 PM
To:John Rask
Cc:Loomis, John; Moore, Matt; Jenni Thompson; Stephen Wensman
Subject:RE: Inwood Landscape Plans
Hello, John.
See my comments and recommendations below regarding the latest filtration basin plans you provided (plans dated
3/17/16).
Inwood Filtration Basins ‐ SWWD Recommendations and Comments:
1. Filtration Basin Amended Soil Media:
a. As the majority of the basin bottom is covered by a dry creek bed (vs. vegetation), it is recommended the
filtration media be very lean on organics, following MN Stormater Manual's updated Mix B with 85% Sand, 15% organic
matter (MnDOT grade 2 compost and/or Peat) where the soil mixture has a phosphorus index between 12 and 30
mg/kg per Mehlich III (or equivalent) test.
b. For more information on Mix B ‐
http://stormwater.pca.state.mn.us/index.php/Comparison_of_pros_and_cons_of_bioretention_soil_mixes
2. Filtration Basin underdrain:
a. Geotextile fabric ‐ Geotextile fabric is no longer recommended around underdrains (due to clogging/failure
issues). Use choking stone (minimum 2" thickness between filtration media and larger diameter washed stone adjacent
to pipe) in place of geotextile fabric.
b. Ensure there are inspection/cleanout risers at upstream and downstream ends of the underdrain (at
minimum)
c. Add a gate valve at the downstream end of the underdrain (just before underdrain outlet) to allow for
performance optimization.
d. The Minnesota Stormwater Manual provides more information regarding underdrains:
http://stormwater.pca.state.mn.us/index.php/Design_criteria_for_filtration
3. Ensure top of all landscape material (top of sod thatch, shredded hardwood mulch, top of stone (dry creek bed) is set
2" below ribbon curb to allow sheet flow runoff to remain as sheet flow entering the filtration basin area.
4. Comments on Landscape Notes:
a. Note 2: Vinyl edging tends to be a maintenance issue in locations where stormwater flows must cross ‐
consider steel edging or grade to ensure flows do not cross edging locations
b. Note 5: Geotextile fabric is not recommend under the dry creek bed within the filtration basin's level
bottom. However, for maintenance and erosion control purposes, geotextile fabric is recommended under dry creek
bed sections adjacent to the ribbon curb and other side slopes.
Thanks,
Andy
Andy Schilling
Watershed Restoration Specialist
South Washington Watershed District
2
aschilling@ci.woodbury.mn.us
651‐714‐3717
Click for Directions
‐‐‐‐‐Original Message‐‐‐‐‐
From: John Rask [mailto:jrask@MIHOMES.com]
Sent: Monday, March 28, 2016 3:11 PM
To: Schilling, Andrew
Cc: Loomis, John; Moore, Matt; Jenni Thompson
Subject: RE: Inwood Landscape Plans
Andy,
I apologize. The e‐mail I sent last week got bounced back. It must have been too large. I was trying to send you the
complete grading plan along with the updated landscape plans.
We've made a few adjustments based on the suggestions of the City's landscape architect. These are still filtration
basins with underdrains. They are mislabeled on our landscape plans as infiltration basins. I will correct this. You will
find the filtration basin detail with the soil amendments specified on page 7 of the grading plan. This detail is the same
as the original submittal.
As previously mentioned, there is a homeowners association that is obligated to maintain these basins.
Thanks,
John
‐‐‐‐‐Original Message‐‐‐‐‐
From: John Rask
Sent: Friday, March 25, 2016 8:44 AM
To: 'Schilling, Andrew'
Cc: swensman@lakeelmo.org; Loomis, John; Moore, Matt; Jenni Thompson; Stephen Mastey
Subject: RE: Inwood Landscape Plans
Andrew,
Attached are the landscape plans for the islands.
Please feel free to call me or e‐mail with any questions.
Thanks,
John Rask | VP Land
M/I Homes of Minneapolis, LLC
Office: (763) 586‐7202 | Mobile: (612) 910‐9909
941 NE Hillwind Road | 300 | Fridley, MN | 55432 jrask@mihomes.com
‐‐‐‐‐Original Message‐‐‐‐‐
3
From: Schilling, Andrew [mailto:aschilling@ci.woodbury.mn.us]
Sent: Thursday, March 24, 2016 9:39 AM
To: John Rask
Cc: swensman@lakeelmo.org; Loomis, John; Moore, Matt
Subject: RE: Inwood Landscape Plans
John,
We need more information from you to clear up inconsistencies with the basin plans:
1. We've seen several different landscape plans for these basins ‐ send the most current to us.
‐ my comments regarding the basin final cover last week were based on plans dated 3‐26‐15 2. These basins
were originally permitted as filtration basins with underdrains. Is this still the plan?
‐ include details on soil amendments
These are a critical part of the stormwater management plan for the site, so we need to ensure they are built for long‐
term functionality.
Thanks,
Andy
Andy Schilling
Watershed Restoration Specialist
South Washington Watershed District
aschilling@ci.woodbury.mn.us
651‐714‐3717
Click for Directions
‐‐‐‐‐Original Message‐‐‐‐‐
From: Loomis, John
Sent: Thursday, March 24, 2016 8:36 AM
To: Schilling, Andrew
Subject: FW: Inwood Landscape Plans
John Loomis/SWWD
651‐714‐3714
‐‐‐‐‐Original Message‐‐‐‐‐
From: Moore, Matt
Sent: Wednesday, March 23, 2016 3:34 PM
To: Loomis, John
Subject: FW: Inwood Landscape Plans
Matt Moore
4
Administrator
South Washington Watershed District
2302 Tower Drive
Woodbury, MN 55125
P: 651.714.3729
C: 651.249.7096
mmoore@ci.woodbury.mn.us
www.swwdmn.org
Click for Directions
‐‐‐‐‐Original Message‐‐‐‐‐
From: Stephen Wensman [mailto:SWensman@lakeelmo.org]
Sent: Wednesday, March 23, 2016 3:13 PM
To: Moore, Matt
Subject: Inwood Landscape Plans
Matt,
I have attached the landscape plans for Inwood and you can see that the landscape plans for the infiltration basins show
only rocks with no plants. The grading plans do not match the landscape plans. The developer plans on installing
without native plants. Again, please let me know if you have any questions.
Stephen Wensman
Planning Director
City of Lake Elmo
651‐747‐3911
Lake Elmo Planning Commission Minutes; 4-11-16
City of Lake Elmo
Planning Commission Meeting
Minutes of April 11, 2016
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Kreimer, Dunn, Larson, Griffin, Dodson, Fields, Lundquist
and Williams.
COMMISSIONERS ABSENT: Haggard & Larson
STAFF PRESENT: Planning Director Wensman, & City Planner Becker
Approve Agenda:
The agenda was approved as presented.
Approve Minutes: March 28, 2015
M/S/P: Williams/ move to approve the March 28, 2016 minutes as amended, Vote: 7-0,
motion carried.
Public Hearing – Comprehensive Plan Map Amendment
Wensman started his presentation regarding the Comprehensive Plan amendment. The
City is planning for the Old Village Phase 2 street and utility improvement project. 3
parcels have petitioned to join the MUSA. Within the proposed MUSA, many properties
are currently guided for rural single family and rural area development which is not
consistent with sewered development. The identified parcels will be reguided to Village
Urban Low Density. Met Council approval is required and upon review, the Met Council
has requested that the properties within the MUSA be guided for sewered
development.
Dunn asked how many acres are in the new area. She wants the motions broke into 2
separate motions. She wants to know what the density range is for this Village Urban
Low Denisty. Wensman stated that the range is 1.5 – 2.49 per acre. Wensman stated
that this might need to be continued as the Comp plan requires 3 units per acre for
sewered. Kreimer stated that there can be pockets as long as the overall area meets the
3 units per acre. Wensman stated that he thinks that we will get push back from Met
Council if we use this guidance.
2
Lake Elmo Planning Commission Minutes; 4-11-16
Public hearing on adding the 3 properties opened at 7:15 pm
Steve Johnson, 2915 Lake Elmo Ave, asked what t he designation needed to be.
Williams pointed out that the public hearing was only to add them to the MUSA.
There were no written comments
Public hearing closed at 7:18 pm
M/S/P: Williams/Dunn, move to add findings of fact that there is a homeowner petition,
that the Met Council staff is in agreement with adding these properties and that there is
no significant change in project scope and cost to the City. Vote: 7-0, motion carried.
M/S/P: Williams/Dodson, move to recommend approval of an amendment to the City’s
Comprehensive Wastewater Facilities Plan adding 3 residentail parcels, PID #’s
24.029.21.22.0019, 24.029.21.22.0020 and 24.029.21.22.0021 to the Village MUSA area
based on the attached findings, Vote: 7-0, motion carried.
M/S/P: Williams/Dodson, move to postpone amending the Comprehensive Land Use
Plan by reguiding parcels in the Village MUSA until such time as a new public hearing has
been noticed, Vote: 7-0, motion carried.
Dodson is concerned that the existing RS homes will get that Village Medium Density
designation. Wensman stated that the rezoning should occur shortly after the sewer
hook ups occur.
Dunn stated that the maps are different in the packet than what was shown tonight.
She would like things clarified and simplified.
Public Hearing – Rezoning the Inwood Water Tower site to PF
The City’s Inwood Watertower site is currently zoned Rural Residentail and essential
services are guided in the Comprehensive Plan as Public/Park. The requiest is to rezone
the Inwood watertower to PF – Public/Semi Public. This is a 1.44 acre parcel owned by
the City.
Public hearing opened at 7:34 pm
No one spoke and there were no written comments.
Public hearing closed at 7:35 pm
3
Lake Elmo Planning Commission Minutes; 4-11-16
M/S/P:Lundquist/Williams, move to recommend approval of the rezoning of the Inwood
Watertower site PID #28.029.21.42.0003, from the RR – Rural Residential Zoning District
to the PF – PF Public or Semi-Public zoning district, Vote: 7-0, motion carried.
M/S/P:Williams/Dodson, proposes an amendment to include based on the findings
presented in the staff report, Vote: 7-0, motion carried.
Business Item – Village Preserve 2nd Addition Final Plat
Wensman started his presentation regarding Village Preserve 2nd addition. This
application is to Final Plat Outlot C into 45 single family homeas and a .13 acre outlot for
a trail. This final plat is consistent with the preliminary plat.
The Fire Chief would like the street named Lady Slipper Circle on the plat map changed
to 41st Street Circle. Wensman went throught he findings of fact and 13 conditions of
approval, one of which is constructing a turn lane on Lake Elmo Ave. Building permits
will not be issued until the turn lane is constructed.
Dodson pointed out a few technical changes. He also asked if the HOA had been
established yet. Wensman stated that the documents have been drafted, but beyond
that he is not sure.
Craig Allen, GWSA, talked about the drainage of the development and the shared
ponding with Wildflower. The irrigation and landscape plan was all done at once and
should not be difficult to finish up for phase II.
Dunn asked about the sidewalk and trail system and why they are different widths.
Allen went through the trail system.
M/S/P: Williams/Dodson, move to approve the Village Preserve 2nd addition Final Plat
with the 13 conditions of approval as drafted by Staff based on the findings of fact listed
in the staff report as amended, Vote: 7-0, motion carried.
Business Item – Zoning Text Amendment Noise Ordinance
Planner Becker explained the proposed ordinance as requested by the City Engineer.
The staff would like feedback from the Planning Commission prior to the public hearing
scheduled on April 25th, 2016.
Dodson likes the Oakdale ordinance better than either version of the Lake Elmo
ordinance. He prefers talking about how loud something is and hours vs. types of
equipment allowed. He is also wondering what the penalties are for violations. Becker
stated that the penalty is outlined in ordinance 10.99.
4
Lake Elmo Planning Commission Minutes; 4-11-16
Dunn is concerned about MPCA standards, but does not see those standards anywhere.
Wensman stated that it was previously discussed during the Hecker wedding venue and
states what the noise limits are. Williams thinks there should be a reference to those
standards. Wensman stated that he does not think it is necessary as our numbers come
from those standards.
Dunn feels that the current ordinance protects the current residents and does not feel it
should change. Kreimer does not see a need to change the noise ordinance. He lived
through it in 2014 with Hammes Estates and they worked weekends and it was
miserable. They could not enjoy their property that whole summer.
Fields would rather have exemptions on a project by project basis rather than change
the ordinance. Williams is troubled by the inclusion of Saturday. He would rather see
the ordinance allow public projects to be exempted.
Williams would like to suggest that in section 1A, construction activity is allowed from
7am – 7pm during the week, but nothing on Saturdays. In the last section where it talks
about public projects, allow
Business Item – Zoning Text Amendment – Open Space Preservation Ordinance
Business Item – 2016 Planning Commission Work Plan
Council Updates – April 5, 2016 Meeting
1. Savona 4th addition Developer Agreement – passed.
2. Easton Village Park Plan – passed.
3. Palmquist Commercial Wedding Venue IUP – Postponed.
Staff Updates
1. Upcoming Meetings
a. April 25, 2016
b. May 10, 2016
Commission Concerns
Meeting adjourned at 9:50 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: 4/19/16 REGULAR ITEM # 20b RESOLUTION 2016-33
AGENDA ITEM: InWood 3rd Addition Developer’s Agreement
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsala, City Attorney
Cathy Bendel, Finance Director
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 RECCOMENDER: Staff is recommending that the City Council approve a developer’s agreement associated with the third phase of the InWood development. The agreement has been drafted based on a model agreement previously reviewed by the Council in
January 2016.
FISCAL IMPACT: Direct Payments to Developer – None: there are no City payments for oversizing of utilities or for other reasons included in the agreement. Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public
infrastructure, maintenance of storm water ponding areas (after three years), monthly lease
payments for street lights, and other public financial responsibilities typically associated with a
new development.
SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize
execution of a developer’s agreement for the third phase of the InWood Planned Unit
Development. The attached agreement has been reviewed by the City Staff, and all recommend
City Council Meeting [Regular Agenda Item 18b]
April 19, 2016
-- page 2 --
changes specific to the InWood 3rd Addition project have been incorporated into the document as
drafted. This agreement must be executed before any construction activity, outside of the
previously authorized grading work, may proceed on the site. The recommended motion to take
action on the request is as follows:
“Move to adopt Resolution 2019-33 approving the developer’s agreement for InWood 3rd Addition”
LEGISLATIVE HISTORY/STAFF REPORT: One of the conditions attached to the resolution approving the InWood Final Plat and Plan specifies that the developer enter into a Developer’s Agreement prior to the execution of the plat by City officials. Staff has drafted such
an agreement consistent with the City’s developer’s agreement master template, and this
document is attached for consideration by the City Council. The key aspects of the agreement
include the following components:
•That all improvements to be completed by October 31, 2016.
•That the developer provide a letter of credit in the amount of $2,970,468 related to thecost of the proposed improvements.
•That the developer provide a cash deposit of $454,643 for SAC and WAC charges,engineering administration, one year of street light operating costs and other City fees.
The proposed project does not include any specific City payments for utility oversizing or other reasons. The City Engineer has not approved the final construction plans for the project, and no work will be allowed to commence on the site until these plans are approved by the City (this
plan review is close to being completed).
BACKGROUND INFORMATION (SWOT):
Strengths: The developer’s agreement has been drafted to guarantee that the
improvements associated with the InWood 3rd Addition development plans will installed
in accordance with City specifications.
Execution of the developer’s agreement and compliance with all conditions in the agreement will allow the developer to record the Final Plat.
Weaknesses: The City will assume responsibility for future maintenance of the public
improvements.
Opportunities: The proposed improvements will provide for infrastructure connections
to adjacent properties.
Threats: The City will need to provide construction observation throughout the course of the project (these costs will be covered under an Engineering Administration Escrow).
City Council Meeting [Regular Agenda Item 18b]
April 19, 2016
-- page 3 --
RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City
Council approve the Developer’s Agreement for InWood 3rd Addition and that the Council direct
the Mayor and Staff to execute this document. The suggested motion to adopt the Staff
recommendation is as follows:
“Move to adopt Resolution 2016-33 approving the developer’s agreement for InWood 3rd Addition”
ATTACHMENTS:
1. Resolution 2016-33
2. InWood 3rd Addition Developer’s Agreement – 4.14.16
1 Resolution 2016-__
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-33 A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE INWOOD 3RD PLANNED UNIT DEVELOPMENT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN
(“applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a
Final Plat for InWood 3rd Addition; and
WHEREAS, the Lake Elmo City Council considered and approved the InWood PUD General Concept Plan on September 16, 2014; and
WHEREAS, the Lake Elmo City Council approved the InWood Preliminary Plat and
Preliminary PUD Plan on December 2, 2014; and
WHEREAS, the Lake Elmo City Council adopted Resolution 2016-__ on April 19, 2019
approving the Final Plat and Final PUD for InWood 3rd Addition; and
WHEREAS, a condition of approval of said Resolution 2016-__, establishes that , prior
to execution of the Final Plat by City officials, the Applicant shall enter into a Developer’s Agreement with the City; and
WHEREAS, the Applicant and the City have agreed to enter into such a contract and a
copy of the Developer’s Agreement was submitted to the City Council for consideration at its
April 19, 2016 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the Developer’s Agreement for InWood 3rd Addition and authorizes the mayor and city
Clerk to execute the document.
Passed and duly adopted this 19th day of April, 2015 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________ Mike Pearson, Mayor
ATTEST:
2 Resolution 2016-__
____________________________________
Julie Johnson, City Clerk
REV2: 12/15/2015 1
(reserved for recording information)
DEVELOPMENT CONTRACT
(Public sewer and water)
InWood 3rd Addition
AGREEMENT dated , 2016, by and between the CITY OF LAKE
ELMO a Minnesota municipal corporation (“City”), and Hans Hagen Homes (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for InWood Third Addition (referred to in this Contract as the "plat"). The land is situated in the County of
Washington, State of Minnesota, and is legally described as: Outlot J, InWood.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition
that the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Unless separate written approval has been given by the City,
within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove
trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
until all the following conditions have been satisfied: 1) this agreement has been fully executed by both
REV2: 12/15/2015 2
parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has
been recorded with the Washington County Recorder's Office, and 4) the City’s Planning Director has
issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that
the Developer may proceed.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges and availability charges
for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that
are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will
be calculated and imposed when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract,
no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved final plat unless required by state
or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything
in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance
with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans and at the Developer’s sole expense. The plans shall not be attached to this Contract. If the plans
vary from the written terms of this Contract, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
REV2: 12/15/2015 3
Plan C - Tree Preservation and Reforestation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Streets
B. Sanitary Sewer
C. Watermain
D. Surface Water Facilities (pipe, ponds, rain gardens, etc.)
E. Grading and Erosion Control
F. Sidewalks/Trails
G. Street Lighting
H. Underground Utilities
I. Street Signs and Traffic Control Signs
J. Landscaping
K. Tree Preservation and Reforestation
L. Wetland Mitigation and Buffers
M. Monuments Required by Minnesota Statutes
N. Miscellaneous Facilities
The improvements shall be installed in accordance with the City subdivision ordinance and the City’s
Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer.
The Developer shall submit plans and specifications which have been prepared by a competent registered
professional engineer to the City for approval by the City Engineer. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developer's engineer will be able to certify that the construction work meets the
approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion
and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on
a full or part-time basis. The Developer's engineer shall provide for on-site project management. The
Developer's engineer is responsible for design changes and contract administration between the Developer
REV2: 12/15/2015 4
and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting
at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review the
program for the construction work.
All labor and work shall be done and performed in the best and most workmanlike manner and in
strict conformance with the approved plans and specifications. No deviations from the approved plans and
specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to
furnish to the City a list of contractors being considered for retention by the Developer for the performance
of the work required by the Contract. The Developer shall not do any work or furnish any materials not
covered by the plans and specifications and special conditions of this Contract, for which reimbursement is
expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the
specifications.
9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION. At the time of Final Plat, the Developer shall submit an escrow for City Engineering
Administration and Construction Observation in an amount provided under paragraph 33. Summary of
Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of
receiving an invoice, for all engineering administration and construction observation performed during the
construction of the plat After 30 days of the invoice, the City may draw upon the escrow and stop the work
on site until said escrow has been replenished in its full amount. City engineering administration will include
monitoring of construction progress and construction observation, consultation with Developer and his
engineer on status or problems regarding the project, coordination for testing, final inspection and
acceptance, project monitoring during the warranty period, and processing of requests for reduction in
security. Construction observation may be performed by the City's in-house staff or consulting engineer.
Construction observation shall include, at the discretion of the city, part or full time inspection of proposed
public utilities and street construction. Services will be billed on an hourly basis.
REV2: 12/15/2015 5
The direction and review provided through the inspection of the improvements should not be
considered a substitute for the Developer required management of the development. Developer will cause
the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the
commencement of construction of each type of Improvement. City shall inspect all Developer Installed
Improvements during and after construction for compliance with approved plans and specifications.
Developer will notify the City Engineer at such times during construction as the City Engineer requires for
inspection purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or
joint venture relationship between the City and Developer is thereby created.
10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, including but not limited to:
A. Right-of-Way Excavations and Obstructions:
• City of Lake Elmo, Right-of-Way Utility Installation(s)
• City of Lake Elmo, Right-of-Way Obstruction(s)
• Washington County, Utility Installations(s)
• Washington County, Street or Driveway Access(s)
• Minnesota Department of Transportation, Utility Installation
• Minnesota Department of Transportation, Right-of-Way Permit
B. Watermain Extensions:
• Minnesota Department of Health
C. Sanitary Sewer Extensions:
• Minnesota Pollution Control Agency
• Metropolitan Council Environmental Services
D. Stormwater Management:
• Valley Branch, Brown’s Creek or South Washington Watershed District Permit
E. Erosion, Sedimentation Control:
• Minnesota Pollution Control Agency, General NPDES Stormwater Permit
• SWPPP (Stormwater Pollution Prevention Plan)
REV2: 12/15/2015 6
F. Wetland Mitigation:
• Board of Water and Soil Resources, WCA
G. Construction Dewatering:
• Minnesota Department of Natural Resources
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by October 31, 2016, with the exception of the final wear course of asphalt on streets. The Developer
shall install the bituminous wearing course of streets after the first course has weathered a winter season,
consistent with warranty requirements, however final acceptance of the improvements will not be granted
until all work is completed including the final wear course. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security
posted by the Developer to reflect cost increases and amending this agreement to reflect the extended
completion date. Final wear course placement outside of this time frame must have the written approval of
the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the subdivision via
Island Trail from 5th Street. No construction traffic is permitted on other adjacent local streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
developer to construct the improvements in a sequence which will allow progress and compliance points
to be measured and evaluated. The Developer and/or their representatives are required to supervise
and coordinate all construction activities for all improvements and must notify the City in writing stating
when the work is ready for the inspection at each of the measurable points defined in the following
paragraphs 16, 17 and 18.
16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City. Erosion control practices
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must comply with the approved plans and specifications for the plat, with all watershed district permits and
with Minnesota Pollution Control Agency’s Best Management Practices. The City may impose additional
erosion control requirements as deemed necessary. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but
failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the
Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the
City may draw down the security to pay any costs. No development, utility or street construction will be
allowed and no building permits will be issued unless the plat is in full compliance with the approved
erosion control plan.
If building permits are issued prior to the acceptance of public improvements, the developer
assumes all responsibility for erosion control compliance throughout the plat and the City may take such
action as allowed by this agreement against the Developer for any noncompliant issue as stated above.
Erosion control plans for individual lots will be required in accordance with the City’s building permit
requirements, or as required by the City or City Engineer.
17. GRADING PLAN. The plat shall be graded in accordance with the approved grading
drainage and erosion control plan, Plan "B". The plan shall conform to the Engineering Design and
Construction Standards Manual. All grading shall be completed within the Subdivision prior to the
preparation and submittal of the as-constructed grading plan.
A. Within thirty (30) days after completion of the grading, the Developer shall provide
the City with a "record" grading plan certified by a registered land surveyor or engineer that all ponds, swales,
and ditches have been constructed on public easements or land owned by the City. The "record" plan shall
contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and
elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches,
locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top
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and bottom of retaining walls.
B. The City will not issue any building permits until the approved certified record grading
plan is on file with the City.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and
streets shall be installed in accordance with the approved Plans and Specifications for Public
Improvements, Plan "D". The plan shall conform to the City’s Engineering Design and Construction
Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, boulevards
graded, street signs installed, and all restoration work on the site shall be completed in accordance with the
approved plans. Once the work is completed, the developer or its representative shall submit a written
request to the City asking for an inspection of the initial improvements. The City will then schedule a walk-
through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list
provided by the City, the punch list items must be completed by the Developer and the City notified to re-
inspect the improvements. The final bituminous wear course shall be installed in accordance with paragraph
12 above.
19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be
responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed
when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours.
If and when streets become impassable, such streets shall be barricaded and closed. In the event residences
are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper
surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer
shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may
spill, track, or wash onto the street from Developer’s operation. The Developer may request, in writing, that
the City keep the streets open during the winter months by plowing snow from the streets prior to final
acceptance of said streets. The City shall not be responsible for repairing the streets because of snow plowing
operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The
Developer shall contract for street cleaning within and immediately adjacent to the development. At a
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minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved
by the City before grading is started. The contract shall provide that the City may direct the contractor to clean
the streets and the contractor will bill the Developer.
20. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract, the improvements lying within public easements shall become City property.
Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete
set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City’s
Engineering Design and Construction Standards Manual together with the following affidavits:
- Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate
certifying that all construction has been completed in accordance with the terms of this Contract. All
necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon
review and verification by the City Engineer, the City Engineer will accept the completed public
improvements.
21. PARK DEDICATION. The Developer has previously satisfied park dedication
requirements for all the areas to be platted within the Inwood Preliminary Plat as part of the InWood
Development Contract. No fees in lieu of land dedication are required for the plat.
22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC)
and all water availability charges (WAC) with respect to the Improvements required by the City and any
state or metropolitan government agency.
The sewer availability charge (SAC) in the amount of $3,000.00 per REU shall be paid by the
Developer prior to the City recording the final plat. The total amount to be paid by the Developer is
$201,000.00.
The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the
Developer prior to the City recording the final plat. The total amount to be paid by the Developer is
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$201,000.00.
In addition, a sewer connection charge in the amount of $1,000.00 per REU, a Met Council sewer
availability charge in the amount of $2,485.00 per REU, and a water connection charge in the amount of
$1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot.
23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public
street improvements, and the installation costs shall be included in the street construction calculations.
24. STREET LIGHTS. The Developer is responsible for the cost of street light installation
consistent with a street lighting plan approved by the City. Before the City signs the final plat, the
Developer shall post a security for street light installation consistent with the approved plan. The
required security is $48,000 and consist of eight (8) decorative acorn lights at $6,000 each. The Developer
shall also pay $1,518 in payment of the first year operating costs for street lights.
25. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration
in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed
or agency Permits. If the mitigation work is found to be incomplete or restoration is unsuccessful the City
may draw down the security at any time during the warranty period if the Developer fails to take corrective
measures to be used by the City to perform the work.
26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all
public and private streets prior to issuance of any building permits, except one model home on a lot
acceptable to the Planning Director.
B. Prior to issuance of building permits, wetland buffer monuments shall be placed in
accordance with the City’s zoning ordinance. The monument design shall be approved by the Community
Development Department.
C. Written certification of the as-constructed grading must be on file at the City for the
block where the building is to be located.
D. Breach of the terms of this Contract by the Developer, including nonpayment of
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billings from the City, shall be grounds for denial of building permits and/or withholding of other permits,
inspection or actions, including lots sold to third parties, and the halting of all work in the plat.
E. If building permits are issued prior to the acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, their contractors, subcontractors,
materialmen, employees, agents, or third parties.
F. No sewer and water connection permits may be issued until the streets needed for
access have been paved with a bituminous surface and the utilities are tested and approved by the City
Engineer.
G. The City will not issue a certificate of occupancy for any building constructed on
any lot or parcel in the Plat until Public sewer and water, curbing, and one lift of asphalt is installed on all
public and private streets; all utilities are tested and approved by the City Engineer; and the as-
constructed grading must be on file at the City for the block where the building is to be located.
27. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that
work required by this Contract has been performed, the sums due them have not been paid, and the
laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the
City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit
the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District
Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not limited to legal, planning,
engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and expenses
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incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at
the time, must be fully paid prior to execution and release of the final plat for recording.
C. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including reasonable engineering and attorneys' fees.
E. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
F. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall
be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will
provide copies of detailed invoices of the work performed.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. Implementation of the recommendations listed in the March 10, 2016
Engineering memorandum.
B. Before the City signs the final plat, the Developer shall convey Outlots C, D, and
E to the City by warranty deed, free and clear of any and all encumbrances. These areas represent storm
water infiltration basins or land to be used for park purposes.
C. The Developer must obtain a sign permit from the City Planning Department prior to
installation of any subdivision identification signs.
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29. MISCELLANEOUS.
A. The Developer may not assign this Contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
B. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City
Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications. All retaining walls identified on the development plans or by special conditions referred to in
this Contract shall be constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
C. Appropriate legal documents regarding Homeowner Association documents,
covenants and restrictions, as approved by the City Attorney, shall be filed with the final plat. No third-
party beneficiary is hereby conferred.
D. Developer shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City
signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written
notice of the cancellation of the insurance.
E. Third parties shall have no recourse against the City under this Contract.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
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Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the Developer has fee
title to the property being final platted and/or has obtained consents to this Contract, in the form attached
hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the
property being final platted; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
J. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City’s demand, the Developer shall cease work until there is compliance.
30. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement
and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the
following events:
A. Subject to unavoidable delays, failure by Developers to commence and complete
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construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement.
B. Failure by Developers to substantially observe or perform any material covenant,
condition, obligation or agreement on their part to be observed or performed under this Agreement.
31. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to
any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed
instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from Developers, deemed adequate by the City, that Developers will cure their default and
continue their performance under the Agreement. Suspension of performance includes the right of the City
to withhold permits including, but not limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is
necessary for the City to secure performance of any provision of this agreement or recover any amounts
due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this
Agreement.
32. ENFORCEMENT BY CITY; DAMAGES. The Developers acknowledge the right of the
City to enforce the terms of this Agreement against the Developers, by action for specific performance or
damages, or both, or by any other legally authorized means. The Developers also acknowledge that their
failure to perform any or all of their obligations under this Agreement may result in substantial damages to
the City; that in the event of default by the Developers, the City may commence legal action to recover all
damages, losses and expenses sustained by the City; and that such expenses may include, but are not
limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement.
33. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit a letter
of credit for twenty-five percent (25%) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final written City acceptance
REV2: 12/15/2015 16
of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year
from the date of final written acceptance, unless the wearing course is placed during the same construction
season as the bituminous base course. In those instances, the Developer shall guarantee all work,
including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a
period of two (2) years from the date of final written City acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is three growing seasons
following installation.
34. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this agreement, payment of special assessments, payment of the costs of all public improvements,
and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of
credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of
Credit ("security") for $2,970,468. The amount of the security was calculated as follows:
CONSTRUCTION CATEGORY: COST 125%
1. Grading
N/A
2. Sanitary Sewer $227,278 $346,598
3. Watermain
$315,803 $394,754
4. Storm Sewer (includes pond structures and outfall pipes)
$254,543 $318,179
5. Streets $501,150 $626,438
6. Trails/Sidewalks
$80,290 $100,363
7. Surface Water Facilities (infiltration basins, bio retention basins, rain gardens, etc.) Included in Grading Agreement
8. Street Lighting
$48,000 $60,000
9. Street Signs and Traffic Control Signs $7,010 $8,763
10. Private Utilities (electricity, natural gas, telephone and cable) Installation to be coordinated by the developer
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11. Landscaping $151,500 $ 189,375
12. Tree Preservation and Restoration
Included in Grading Agreement
13. Wetland Mitigation and Buffers
N/A
14. Monuments
$6,800 $8,500
15. Erosion and Sedimentation Control
Included in Grading Agreement
16. Miscellaneous Facilities N/A
17. Developer’s Record Drawings $5,000 $6,250
CONSTRUCTION SUBTOTAL $2,376,374 N/A
TOTAL PROJECT SECURITIES (at 125%
Construction Costs)
N/A $ 2,970,468
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security, without notice, for
any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the
required term. If the required public improvements are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall
be used to cure the default.
36. REDUCTION OF SECURITY. Upon written request by the Developer to the City Engineer
and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance
with the approved plans and specifications, and terms of this Agreement, and that all financial
obligations to the City have been satisfied, the City Engineer may approve reductions in the security as
follows:
A. Upon completion of grading operations, including temporary site restoration,
Developer shall submit an as-built grading survey to the City that at a minimum establishes the as-built
grades at all lot corners and downstream drainage conveyance systems and storm water ponds. Upon
inspection of the site and approval of the as-built survey, 100%, or $0.00, of the grading security may be
released. This security reduction does not include amounts related to erosion and sedimentation control.
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B. Up to 75% of the security provided in accordance with paragraph 34 may be
released upon completion of the following key milestones of the project as determined by the City Engineer.
C. Construction Categories 2 and 3: The amount of $593,081 may be released when
all sanitary sewer and watermain utilities have been installed, all testing and televising has been
successfully completed, sanitary sewer as-built inverts have been verified, and the utilities are considered
ready for use by the City Engineer.
D. Construction Categories 4 and 5: The amount of $755,693 may be released when
all streets and storm sewer have been installed and tested, and have been found to be complete to the
satisfaction of the City Engineer including all corrective work for any identified punch list items and including
verification of storm sewer as-built inverts, but not including the final wear course.
E. Construction Categories 6-17: The amount of $1,027,600 may be released when all
remaining Developer’s obligations under this Agreement have been completed including: (1) bituminous
wear course, (2) street lighting and private utilities, (3) sidewalks and trails, (4) bio retention facilities, (5)
iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the
required "record" plans in the form of the City standards have been received and approved by the City,
and (5) the public improvements are accepted by the City Engineer and City Council.
F. At no point may the Security be reduced below twenty-five percent (25%) of the
original security amount until: (1) the warranty period has expired, (2) all improvements have been fully
completed and excepted by the City, including all corrective work and identified punch list items, and (3)
all financial obligations to the City have been satisfied.
G. In addition to the above project milestone based security reductions, the Developer
may submit written request to the City Engineer and upon receipt of proof satisfactory to the City
Engineer that work is progressing in accordance with the approved plans and specifications,
and terms of this Agreement, and that all financial obligations to the City have been satisfied, the City
Engineer may approve a one-time reduction in the security for Construction Categories 2-5 in an amount not to
exceed fifty percent (50%) of the initial security amounts.
H. It is the intention of the parties that the City at all times have available to it a Letter
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of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements
and other obligations of the Developer under this Agreement, including fees or costs due to the City by the
Developer. To that end and notwithstanding anything herein to the contrary, all requests by the Developer
for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that principle.
36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City at the time of final plat approval:
Sewer Availability Charge (SAC) $201,000
Water Availability Charge (WAC) $201,000
Park Dedication N/A Street Light Operating Fee $1,518
City Base Map Upgrading $1,125
City Engineering Administration Escrow $50,000
TOTAL CASH REQUIREMENTS $454,643
37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: Hans Hagen Homes, 941 NE Hillwind Road, Suite 300, Fridley, MN 55432. Notices to
the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City
by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne
Avenue N. Lake Elmo, Minnesota 55042.
38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of
the property being platted by way of an attorney’s title opinion or title insurance policy dated not earlier than
thirty (30) days prior to the execution of the plat.
CITY OF LAKE ELMO
(SEAL)
BY:
Mike Pearson, Mayor
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AND
Julie Johnson, City Clerk
DEVELOPER:
BY: Its
STATE OF MINNESOTA )
( ss. COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of , 2016, by Mike Pearson and by Julie Johnson, the Mayor and City Clerk of the City of Lake Elmo, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss. COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2016, by the
of .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo
3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
REV2: 12/15/2015 21
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to
that portion of the subject property owned by them.
Dated this day of , 2016.
STATE OF MINNESOTA ) ( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2016,
by .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo
3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
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MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this day of , 2 .
STATE OF MINNESOTA )
( ss. COUNTY OF )
The foregoing instrument was acknowledged before me this day of _,
2 , by .
NOTARY PUBLIC
DRAFTED BY:
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042
(651) 747-3901
REV2: 12/15/2015 23
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to
be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest.
Dated this day of , 2016.
STATE OF MINNESOTA ) ( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of _,
2016, by .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo
3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
REV2: 12/15/2015 24
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $_ , available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a)Bear the clause, "Drawn under Letter of Credit No., dated , 2 , of
(Name of Bank) ";
b)Be signed by the Mayor or City Administrator of the City of Lake Elmo.
c)Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_ _.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake
Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation.
BY:
Its