HomeMy WebLinkAbout06-06-17 CCMP
NOTICE OF MEETING
City Council Meeting
Tuesday, June 6, 2017 7:00 P.M.
City of Lake Elmo | 3800 Laverne Avenue North
AGENDA
A. Call to Order/Pledge of Allegiance
B. Approval of Agenda
C. Approval of Minutes
1. May 16, 2017 Special Meeting
D. Public Comments/Inquires
E. Presentations
F. Consent Agenda
2. Approve Payment of Disbursements and Payroll
3. Approve Resolution Congratulating Lake Elmo Inn – Resolution 2017-058
4. Approve Inwood 5th Development Agreement – Resolution 2017-059
5. Downtown Phase 2 Improvements – Approve Cooperative Agreement Payment No. 2 (06.15.2017).
6. Approve Inwood Booster Station – Change Order No. 4.
7. Downtown Phase 3 Improvements – Approve Declaration of Easement on City Hall Property.
8. MnDOT Master 2018-2022 Contract – Approve Agreement – Resolution 2017-060
9. Approve LDO Lake Improvement Matching Grant
10. Accept Resignation of Public Works Operator
11. Approve City Representative on Friends of Sunfish Lake Park Board
12. Approve Easton Village 2nd Addition Development Agreement
13. Approve Customized Training Income Contract with Hennepin Technical College
G. Regular Agenda
14. Hammes 1st Addition Drainage and Utility Easement Vacation-Public Hearing – Resolution 2017-050
15. MS4 Program – Public Meeting and Approve Annual Report
16. Wildflower PUD Amendment - Resolution 2017-048
17. Royal Golf Preliminary Plat and PUD-Resolution 2017-047
18. Parcel A – Schiltgen Property Concept PUD
19. Planning Commission Appointment
H. Council Reports
I. Staff Reports and Announcements
J. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES
MAY 16, 2017
CALL TO ORDER
Mayor Pearson called the meeting to order at 6:00 p.m.
PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson. ABSENT: None.
Staff present: Administrator Handt, City Clerk Johnson and Attorneys Dyan Ebert, Cally Kjellberg-
Nelson and Phil Trebatoski.
Councilmember Lundgren, seconded by Mayor Pearson, moved TO ENTER CLOSED SESSION. Motion passed 5 – 0. Closed session held to discuss the City’s pending litigation regarding Zuleger v. City of Lake Elmo. This
portion of the meeting was closed pursuant to Minnesota Statutes Section 13D.05, subd. 3(b). Councilmember Bloyer, seconded by Mayor Pearson, moved TO RETURN TO OPEN SESSION. Motion passed 5 – 0.
Councilmember Nelson, seconded by Councilmember Fliflet, moved TO APPROVE THE
SETTLEMENT OF THE ZULEGER V. LAKE ELMO LAWSUIT AS NEGOTIATED DURING
THE MEDIATION ON MAY 9, 2017, INCLUDING A CONTRIBUTION OF $30,000 BY THE
CITY, WITH NO ADMISSION OF LIABILITY, AND ALSO AUTHORIZING ADMINISTRATOR
KRISTINA HANDT TO EXECUTE THE FINAL SETTLEMENT DOCUMENTS, IF
NECESSARY. Motion passed 5 – 0.
Meeting adjourned at 6:43 p.m. LAKE ELMO CITY COUNCIL
ATTEST: ______________________________ Mike Pearson, Mayor _______________________________
Julie Johnson, City Clerk
MAYOR & COUNCIL
COMMUNICATION
-- page 1 --
DATE: June 6, 2017 CONSENT ITEM #2 MOTION
AGENDA ITEM: Approve Disbursements in the amount of $3,969,914.94 SUBMITTED BY: Brian Swanson, Finance Director
THROUGH: Kristina Handt, City Administrator REVIEWED BY: Kristina Handt, City Administrator
FISCAL IMPACT: $3,968,748.99
SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $3,968,748.99 No specific motion is needed as this is recommended to be part of the Consent Agenda.
BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures.
Claim # Amount Description
ACH $ 15,266.60 Payroll Taxes to IRS & MN Dept. of Revenue 05/25/17
ACH $ 7,822.08 Payroll Retirement to PERA 05/25/17
ACH $ 1,000.00 Payroll Retirement to MDCP 05/25/17
45992-45993 $ 7,166.15 Payroll Checks 05/25/17
Direct Deposits $ 39,905.67 Payroll Deposits 05/25/17
45987-46049 $ 3,896,422.54 Accounts Payable 05/12/17-06/06/17
2833-2834 $ 1,165.95 Accounts Payable 06/06/17 (Library Checks)
City Council Meeting [Consent Agenda Item 2] March 21, 2017
-- page 2 --
TOTAL $ 3,968,748.99
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of
$3,968,748.99
ATTACHMENTS: 1. Accounts Payable – check register
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 3
AGENDA ITEM: Approve Resolution Congratulating Lake Elmo Inn
SUBMITTED BY: Julie Johnson, City Clerk
BACKGROUND: The Lake Elmo Inn has been named to Open Table’s list of the 100 Best Brunch Restaurants in America. Open Table is an online reservation system for restaurants that provides reviews and other information.
ISSUE BEFORE COUNCIL: Should the Council recognize the accomplishment of the Lake Elmo Inn? PROPOSAL: The City Council is asked to recognize this achievement by adopting Resolution 2017-058 recognizing some of the accomplishments of the Lake Elmo Inn. OPTIONS:
1. Adopt Resolution 2017-058 2. Do not adopt Resolution 2017-058 RECOMMENDATION: If removed from the consent agenda, staff recommends the following motion:
“Motion to approve Resolution 2017-058 Congratulating the Lake Elmo Inn on being
named in Open Table’s 100 Best Brunch Restaurants in America” ATTACHMENTS: Resolution 2017-058
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-058 A RESOLUTION CONGRATULATING THE LAKE ELMO INN ON BEING NAMED IN OPEN TABLE’S 100 BEST BRUNCH RESTAURANTS IN AMERICA WHEREAS, the Lake Elmo Inn restaurant is operated in the heart of downtown Lake Elmo; and
WHEREAS, a restaurant has operated at the location of the Lake Elmo Inn since 1881; and WHEREAS, the Lake Elmo Inn currently employs approximately 140 people; and
WHEREAS, Lake Elmo Inn owners Chris and John Schiltz received the Cornerstone 2013 Humanitarian award for their commitment to helping others; and WHEREAS, the Lake Elmo Inn restaurant has received numerous awards over the
years, including the 2014 Restaurant of the Year award from the Minnesota Restaurant Association; and WHEREAS, Lake Elmo Inn Owner/Chef John Schiltz has received numerous awards including Restauranteur of the year.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo, Minnesota, does hereby congratulate the Lake Elmo Inn restaurant on being named in Open Table’s 100 Best Brunch Restaurants in America and thanks the owners and staff for their contributions to the community.
APPROVED by the Lake Elmo City Council on this 6th day of June, 2017.
By: __________________________ Mike Pearson Mayor
ATTEST:
________________________________ Julie Johnson
City Clerk
STAFF REPORT
DATE: June 6, 2017
Consent
ITEM #: 4
MOTION
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Inwood 5th Addition Developers Agreement
REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney
Brian Swanson, Finance Director
BACKGROUND: On April 4, 2017, the City Council adopted Resolution 2017-029 approving the Final Plat and
Final PUD for Inwood 5th Addition. An executed Developers Agreement is a condition of final
plat approval and is required prior to recording the final plat with Washington County.
ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2017-059 approving the Developer Agreement for Inwood 5th Addition. REVIEW/ANALYSIS: A condition of approval of the Inwood 5th Final Plat is that the developer enter into a
Developer’s Agreement prior to the execution of the plat by City officials. Staff has drafted this
Developer Agreement which is attached for consideration by the City Council. The key aspects
of the agreement include the following components:
• That all public improvements to be completed by October 31, 2018, with the exception of the final wear course of asphalt on streets.
• That the developer provide a letter of credit in the amount of $2,964,127 related to the cost of the proposed improvements.
• The required improvements to 10th Street North are included in the letter of credit
amount.
• That the developer provide a cash deposit of $659,944 for SAC and WAC charges, engineering administration, one year of street light operating costs and other City fees.
• There are $59,303 in direct payments to the developer for oversizing of watermain and
sanitary sewer in the project.
City Council – Staff Report Consent Item #4
Meeting date: 6/6/2017
Page 2
• The City Attorney added language in the Agreement noting that no trail along 10th Street between Island Trail and Inwood Avenue is being required
The construction plans for the project have been approved, including the landscaping. Upon
execution of this Agreement, receipt of all fees and securities, insurance, recording of the final
plat and the completion of a pre-construction meeting with the City, construction can commence.
FISCAL IMPACT: The future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial
responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 101 lot single family residential subdivision. Park land dedication was collected with the first phase of the development. There are $59,303 in direct payments to the developer for oversizing of watermain and sanitary sewer in the project.
OPTIONS:
The City Council is being asked to consider the approval of the Developer’s Agreement on the
consent agenda and has the following options:
1) Adopt Resolution 2017-059 approving the Developer Agreement for Inwood 5th Addition on the Consent Agenda; or
2) Remove the item from the consent agenda and Direct Staff to amend the draft Developer Agreement to bring back to a future City Council meeting.
RECOMMENDATION: Staff recommends the City Council adopt Resolution 2017-059 approving the Developer’s
Agreement for Inwood 5th Addition Planned Unit Development as part of tonight’s consent
agenda.
If the City Council removes the item from consent, then Staff recommends the following motion:
“Move to adopt Resolution 2017-059 approving the developer’s agreement for Inwood 5th
Addition Planned Unit Development”
ATTACHMENTS:
• Resolution 2017-059
• Inwood 5th Addition Developer’s Agreement
1 Resolution 2017-059
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-059 A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE INWOOD 5TH 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 (“applicant”)
has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Inwood 5th Addition Planned Unit Development; 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 2017-029 on April 4, 2017 approving the Final Plat and Final PUD for Inwood 5th Addition; and WHEREAS, a condition of approval of said Resolution 2016-090, 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 June 6, 2017 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer’s Agreement for Inwood 5th Addition PUD and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 6 day of June, 2017 by the City Council of the City of Lake Elmo, Minnesota. ________________________________________ Mike Pearson, Mayor ATTEST:
____________________________________
Julie Johnson, City Clerk
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(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water) Inwood 5th Addition
THIS DEVELOPMENT AGREEMENT is dated ______________, 2017, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”), and M/I Homes of
Minneapolis/St. Paul, LLC, a Delaware limited liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Inwood 5th Addition (referred to in this Agreement as the “Subdivision”). The property
being platted is situated in the County of Washington, State of Minnesota, and is legally
described on Exhibit A.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on
condition that the Developer enter into this Agreement, furnish the security required by it, and
record the plat with the County Recorder or Registrar of Titles within 120 days after the City
Council approves the final plat.
3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of
the Property and the construction therein of certain public and private improvements. The
Developer may not grade or otherwise disturb the earth, remove trees or construct public or
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private improvements or any buildings within the Subdivision until all the following conditions
precedent have been satisfied:
A. the Developer has prepared deeds conveying fee title of Outlots A, B, C, and D to the
City and provided copies of the executed deed to the City for recording with
Washington County;
B. the Developer has executed and recorded with Washington County all drainage and
utility easements required for the Subdivision by the City Engineer and Public Works
Director in the City’s standard form;
C. the Developer has executed and recorded with Washington County the storm water
maintenance and easement agreement in the City’s standard form;
D. this Agreement has been executed by the Developer and the City;
E. the required Letters of Credit (as hereinafter defined) have been received by the City
from or on behalf of the Developer;
F. final construction plans and specifications have been submitted by the Developer and
approved by the City Engineer;
G. the Developer has paid the City for all legal, engineering and administrative expenses
incurred by the City regarding the City approvals and has given the City the additional
construction inspection escrow required by this Agreement;
H. the Developer has paid any outstanding assessments and taxes for the property or
property being deeded to the City;
I. the Developer has fulfilled any park dedication requirements as specified under this
Agreement;
J. the Developer has received all necessary permits from the MPCA, MDH, DNR,
applicable watershed, Washington County, and any other agency having jurisdiction
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over the Subdivision;
K. the Developer has provided the City with a certificate of insurance required by this
Agreement;
L. the Developer or the Developer’s engineer and the Developer’s contractor(s) have
initiated and attended a preconstruction meeting with the City Engineer, and City staff;
M. the final plat has been recorded with Washington County;
N. the City has issued a written notice that all above conditions have been satisfied and
that the Developer may proceed;
O. Legal documents regarding homeowner association documents, covenants, and
restrictions have been submitted, reviewed and approval by the City Attorney; and
P. the Developer shall provide a Title Policy for all land dedicated to the City.
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 of the development if the
Developer is not in compliance with any term of this Agreement and the non-compliance has not
been remedied. Development of subsequent phases of the development may not proceed until
development agreements for such phases are approved by the City. Park dedication charges
and availability charges for sewer and water referred to in this Agreement are not being
imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if
any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are
platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the Subdivision 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, on or before December 31, 2019.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this
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Agreement, 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 Agreement to the contrary, to the full extent
permitted by state law, the City may require compliance with any changes to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date
of this Agreement.
7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in
accordance with the City approvals, including the terms and conditions of approval of the final
plat as detailed in City Council Resolution No. 2017-29 (with the exception of requiring a multi-
purpose trail to be constructed along 10th Street between Island Trail and Inwood Avenue, as
detailed in Section 29 (G) of this Agreement), and to construct all improvements in accordance
with the approved construction plans and specifications (collectively, the “Plans”) prepared by a
professional engineer registered in the State of Minnesota at its sole expense. All terms and
conditions of the City approvals are hereby incorporated by reference into this Agreement. The
documents which constitute the Plans are those on file with and approved by the City and are
listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without
the prior written approval of the City.
8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the
Developer shall make or install at its sole expense the following public and private
improvements (collectively, the “Subdivision Improvements”):
A. Grading and erosion control;
B. Sanitary sewer;
C. Water system improvements;
D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.)
E. Streets and sidewalks;
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F. Trails;
G. Underground private utilities;
H. Landscaping;
I. Street lighting and signage;
J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.);
K. Tree preservation and reforestation;
L. Wetland mitigation and buffers; and
M. Monuments required by Minnesota Statutes.
All improvements shall be installed in accordance with the approved Plans, the City
approvals, the City Code, the City’s Engineering Design and Construction Standards Manual,
and the City’s Landscape and Irrigation Standards. 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 Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation 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 or a soil engineer inspect the
Developer’s 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 and the Developer's contractor.
9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developer shall submit
to the City an amount to be escrowed by the City for City administration and construction
observation costs in an amount provided under paragraph 37 of this Agreement - Summary of
Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30
days of receiving an invoice, for all administration and construction observation costs incurred
by the City during the construction of the Subdivision Improvements by the City’s engineering,
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public works, planning, and landscape architecture staff and consultants. After 30 days of the
invoice, the City may draw upon the escrow and stop the work on site until the escrow has been
replenished in its full amount. City administration and oversight will include monitoring of
construction progress and construction observation, consultation with the Developer and the
Developer’s professionals 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 the Security. 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 by the City on an hourly basis.
The direction and review provided by the City through the inspection of the Subdivision
Improvements should not be considered a substitute for the Developer-required management of
the construction of the Subdivision Improvements. The Developer must require the Developer’s
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 Subdivision Improvement. The City
shall inspect all Developer-installed Subdivision Improvements during and after construction for
compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The
Developer will notify the City at such times during construction as the City 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 the 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 twenty-five (25) percent ownership interest or in
which they are an officer or director may not act as contractors or subcontractors for the
Subdivision Improvements identified in Paragraph 8 above.
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11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision
Improvements by October 31, 2018, 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 Subdivision Improvements by the City 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.
12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible
for all maintenance of the Subdivision Improvements including the snow plowing of the streets,
roads and alleys until the Subdivision Improvements are accepted by the City in writing. The
developer is also responsible to locate all underground utilities until the development is
accepted in writing by the City. Warning signs shall be placed by the Developer 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 by the
Developer. In the event residences are occupied prior to completing streets, the Developer
shall maintain a smooth surface and provide proper surface drainage to ensure that the streets
are passable for traffic and emergency vehicles. The Developer shall be responsible for
keeping streets within and without the Subdivision clean and clear of dirt and debris that may
spill, track, or wash onto the street from the Developer’s operations. The Developer shall
contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a
minimum, scraping and sweeping shall take place on a weekly basis.
Prior to the City’s acceptance of the streets the City may agree, at the City’s sole
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discretion, to keep the streets open during winter months by plowing snow. The City will
consider snow plowing streets on a case by case basis and under the following conditions. 1)
The Developer must request in writing the streets in question to be plowed by the City, with
such request received prior to October 1st of each winter season that plowing is requested. 2)
The streets must be occupied by residences of the City. 3) For streets that do not have the
bituminous wear course placed, the developer must install paved wedges along all curb lines
and catch basins. 4) Gate valves and manholes must be level with the pavement surface. 5)
Street curves, center medians, and other protrusions in the right-of-ways must be delineated
with “High-vis” fiberglass stakes. 6) A site review must be scheduled and conducted with Public
Works, and attended by the developer, to accept the streets for plowing prior to the commitment
of plowing by the City. 7) The City shall not be responsible for any damage caused by snow
plowing operations to the streets, curb and gutter, manholes, catch basins or other
infrastructure.8) The Developer shall enter into an Agreement with the City for plowing of the
streets.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property and this Agreement.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading,
public utility construction, and street construction is restricted to access the Subdivision via 10th
Street and Island Trail North. No construction traffic is permitted on other adjacent local streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
Developer to construct the Subdivision Improvements in a sequence which will allow progress
and compliance points to be measured and evaluated. The Developer and the Developer’s
representatives are required to supervise and coordinate all construction activities for all
Subdivision Improvements and must notify the City in writing stating when the work is ready for
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the inspection at each of the measurable points defined in the following paragraphs.
16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall
be completed in a manner designed to control erosion and in compliance with the City Code, the
City’s Engineering Design and Construction Standards Manual, all watershed district permits,
the Minnesota Pollution Control Agency’s best management practices, and other requirements
including the City’s permit with the Minnesota Pollution Control Agency for the municipal
separate storm sewer system program. Prior to initiating any work on the site, an erosion
control plan must be implemented by the Developer and inspected and approved by the City.
Erosion and sediment control measures shall be coordinated with the various stages of
development. The City may impose additional erosion control requirements at any stage in
development as deemed necessary to maintain a compliant site. All areas disturbed for site
improvements must be reseeded by the Developer promptly after the work in the area is
complete unless construction of the next stage of the improvements will begin in that area within
seven (7) days. 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 by the City unless the Subdivision is in full compliance with the approved erosion
control plan.
If building permits are issued prior to the acceptance of public Subdivision
Improvements, the Developer assumes all responsibility for erosion control compliance
throughout the Subdivision and the City may take such action as allowed by this Agreement
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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. SITE GRADING. In order to construct the Subdivision Improvements and otherwise
prepare the Property for development, it will be necessary for the Developer to grade the
Subdivision. All grading must be done in compliance with this Agreement and the approved
grading plans. Within 30 days after completion of the grading, the Developer shall provide the
City with an “as built” grading plan and a certification by a registered land surveyor or engineer
as required in the City’s Engineering Design and Construction Standards Manual.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers,
watermain, and streets, including turn lane and intersection improvements, shall be installed in
accordance with the approved Plans, the City approvals, the City Code, and the City’s
Engineering Design and Construction Standards Manual. Curb and gutter, 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 the Developer’s 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 by the Developer after the first bituminous course has weathered a winter season.
Prior to placement of the final bituminous wear course, the Developer shall repair or replace all
broken or failing curbs, sidewalks and damaged or settled streets as determined by the City
from a pre-wear course walk through inspection.
19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS.
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A. The Developer agrees to install landscaping in accordance with the approved
Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation
Standards. All landscaping materials such as trees, shrubs, grasses, or other
vegetation installed by the Developer must be warrantied and maintained for a
period of two (2) years. The two (2) year warranty period shall be deemed to start
once all required landscaping identified as responsibility of Developer in the
approved Plans has received acceptance by the City. The Developer agrees to
have the installer of the landscaping complete an inspection thirty (30) days prior to
the end of the two (2) year warranty period and provide the City with a written
report identifying the condition of all landscaping. In the event any landscaping
installed by the Developer is deemed to be in poor condition or dead, the
Developer is to replace the landscaping with like kind materials or as otherwise
approved by the City.
B. The Developer shall be responsible for maintaining regular watering, fertilizing, and
over-seeding necessary to establish final lawns and yards as identified in the
approved Plans for outlots, public rights-of-way, and any disturbed areas outside
the Subdivision boundaries according to a landscape maintenance plan approved
by the City. The Developer agrees to achieve “substantial performance” on all
seeded or sodded lawns and yards disturbed during the construction of Subdivision
Improvements. For the purpose of this agreement “substantial performance” shall
be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf
areas with an average blade height of three (3) inches free of eroded, bare, or
dead spots and free from perennial weeds or unwanted grasses with no visible
surface soil.” For areas seeded with a native grass or flower mix “substantial
performance” shall be defined as “square foot native grass or flower areas with an
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average height of eight (8) inches free of eroded, bare, or dead spots and no
visible surface soil.”
C. The Developer shall follow the City of Lake Elmo “Bee Safe” policy for
pesticide use as per City Council Resolution No. 2015-13.
20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees
to install street signs, traffic and parking signs, and pavement markings within the Subdivision
all in accordance with the approved Plans and the City Engineering Design Standards Manual.
Street and traffic sign details shall be submitted by the Developer to the City for approval prior to
installation. In addition, the Developer shall be responsible for the cost and all coordination
work to extend private utilities along with street lighting within the Subdivision all in accordance
with the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Agreement, the Subdivision Improvements lying within public easements shall
become City property. Prior to acceptance of the public Subdivision Improvements by the City,
the Developer must furnish the City with a complete set of reproducible "record" plans and 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
Agreement. 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 that the public Subdivision
Improvements have been completed in accordance with the terms of this Agreement, the City
Engineer will accept the completed public Subdivision Improvements.
22. 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
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Inwood 1st Addition Development Contract.
23. 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 Subdivision 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 REC shall be paid
by the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is $303,000.00.
The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid
by the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is $303,000.00.
In addition, a sewer connection charge in the amount of $1,000.00 per REC, a
Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water
connection charge in the amount of $1,000.00 per REC will be payable by the Developer and
collected by the City at the time the building permit is issued for each lot.
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 $66,000 and consist of eleven (11) decorative lights at $6000 each,.
The Developer shall also pay the City $1,419 to reimburse the City for the first year operating
costs for the street lights.
25. WETLAND MITIGATION. The Developer shall complete wetland
mitigation/restoration in accordance with the approved Plans 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
14
warranty period to perform the work if the Developer fails to take corrective measures after
being provided reasonable notice by the City.
26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. No building permit shall be issued for any lot within the Subdivision, or within a
completed phase of the Subdivision in a City preapproved phasing plan, until such
time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt has
been installed and tested for all public streets; sidewalks have been installed;
street and traffic control signs are installed; property monuments have been
installed and grading as-built plans have been submitted and approved by the City.
A “preapproved phasing plan” is defined as a phased construction plan that has
been submitted by the Developer and approved by the City in advance of the
preconstruction meeting for the Subdivision. Once the construction has started, the
City will not consider revisions to the phasing plan for the purpose of issuing
building permits.
B. Issuance of a single building permit for a “model home” may be authorized by the
City Planning Director prior to the completion of the Subdivision Improvements
described in paragraph 27 (A) above, if there is safe public access to the lot that is
sufficient to allow construction to proceed and there is a grading as-built plan
approved by the City for the lot and all downstream storm water drainage facilities.
However, the City will not issue a certificate of occupancy for any “model home”
until all conditions identified in paragraph 27 (A) above have been completed. The
Developer shall use the model home only for real estate sales purposes and no
other purposes.
C. 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
15
approved by the Planning Department.
D. Breach of the terms of this Agreement by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of
occupancy, and withholding of other permits, inspection or actions and the halting
of all work in the Subdivision.
E. If building permits are issued prior to the acceptance of the public Subdivision
Improvements by the City, the Developer assumes all liability and costs resulting in
delays in completion of public Subdivision Improvements and damage to public
Subdivision Improvements caused by the City, Developer, the Developer’s
contractors, subcontractors, materialmen, employees, agents, or any 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.
27. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that
work required by this Agreement has been performed and the amounts due to
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 Security 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 letter of credit deposited with the District Court,
except that the Court shall retain jurisdiction to determine attorneys' fees pursuant
to this Agreement.
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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 Subdivision, including but
not limited to legal, planning, engineering, and inspection expenses incurred in
connection with the City’s approval and acceptance of the plat and the Subdivision,
the preparation of this Agreement, the City’s review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Subdivision. All amounts incurred and due to the
City at the time of the recording of the final plat must be fully paid by the Developer
prior to the City executing and releasing the final plat for recording.
C. The Developer shall hold the City and its officials, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs
incurred resulting from the City’s approval of the plat and the development of the
Subdivision. The Developer shall indemnify the City and its officials, 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
Agreement, 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 Agreement. 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 Property, or any portion of
it.
F. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Agreement within thirty (30) days after receipt. Bills not paid
within thirty (30) days shall be assessed a late fee per the City adopted fee
schedule. Upon request, the City will provide copies of detailed invoices of the
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work performed by the City and its consultants.
28 CITY PAYMENTS. The City shall reimburse the Developer in the amount of
$3,208.00 for oversizing costs associated with the installation of 12 inch sanitary sewer as
identified on the Plans. The City shall also reimburse the Developer in the amount of
$56,100.00 for oversizing costs associated with the installation of 12 inch water main as
identified on the Plans. City payments shall be made within thirty (30) days of the City’s final
acceptance of the Improvements, but only if the Developer is not in default to this Contract.
This payment by the City shall be the City’s only responsibility with regard to construction of
the Improvements and in no case shall act as a waiver of any other right of the City under this
Contract or under applicable laws, ordinances or rules.
29. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. Implementation of the recommendations listed in the February 15, 2017,
Engineering memorandum.
B. Upon the recording of the final plat, the Developer shall convey Outlots A, B, C,
and D to the City by warranty deed, free and clear of any and all encumbrances,
unless otherwise agreed to by the City.
C. The Developer must obtain a sign permit from the City Building Official prior to
installation of any subdivision identification signs.
D. The public trail to be constructed within the 10th Street North right-of-way shall be
constructed as required by Washington County.
E. The Developer shall construct turn lanes at the intersection of Island Trail and
CSAH 10 (10th Street North) as required by Washington County.
F. The Developer shall enter into a Landscape License Agreement with the City that
clarifies the individuals or entities responsible for maintenance of any landscaping
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installed in areas outside of land dedicated as public park and open space on the
final plat.
G. After further study, it has been determined by the City that a trail along 10th Street
between Island Trail and Inwood Avenue is not needed and is not being required.
Therefore, the City acknowledges that this condition of City Council Resolution No.
2017-29 approving the final plat is no longer a condition of approval and agrees
that the Developer shall not be required to construct, dedicate, or convey an
easement for a trail along 10th Street between Island Trail and Inwood Avenue.
30. MISCELLANEOUS.
A. The Developer may not assign this Agreement without the written permission of the
City Council. The Developer's obligations hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire Property, or any
portion of it.
B. Retaining walls that require a building permit shall be constructed in accordance
with plans and specifications prepared by a professional 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. All retaining walls identified
on the Plans or by special conditions referred to in this Agreement shall be
constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
C. Legal documents regarding homeowner association documents, covenants, and
restrictions shall be submitted to the City prior to recording of the final plat for
review and approval by the City Attorney.
D. The Developer shall take out and maintain or cause to be taken out and
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maintained until six (6) months after the City has accepted the public Subdivision
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 $1,500,000 for each occurrence; limits for property damage shall be not less
than $200,000 for each occurrence; or a combination single limit policy of
$1,500,000 or more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate of insurance
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 Agreement.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. 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 Agreement
shall not be a waiver or release.
H. This Agreement shall run with the land and may be recorded against the title to the
Property at the Developer’s expense. The Developer covenants with the City, its
successors and assigns, that the Developer has fee title to the Property being final
platted and has obtained consents to this Agreement, in the form attached hereto,
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from all parties who have an interest in the Property, including, but not limited to,
mortgagees; 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 Subdivision and the Subdivision
Improvements comply or will comply 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
Subdivision is not in compliance, the City may, at its option, refuse to allow
construction or development work in the Subdivision until it is brought into
compliance. Upon the City’s demand, the Developer shall cease work until there is
compliance.
31. 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 the Developer to commence and
complete construction of the public Subdivision Improvements pursuant to the
terms, conditions and limitations of this Agreement.
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B. Failure by the Developer to substantially observe or perform any material
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement.
32. 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 the Developer, deemed adequate by the City, that Developer will
cure its default and continue its 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 the Developer, or
immediately draw on the Security, as set forth in this Agreement.
33. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. In the event of a
default by the Developer as to construction or repair of any of the Subdivision Improvements or
any other work or undertaking required by this Agreement, the City may, at its option, perform
the work and the Developer shall promptly reimburse the City for any expense incurred by the
City. This Agreement is a license for the City to act, and it shall not be necessary for the City to
seek an order from any court for permission to enter the Subdivision for such purposes. If the
City does such work, the City may, in addition to its other remedies, levy special assessments
against the land within the Subdivision to recover the costs thereof. For this purpose, the
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Developer, for itself and its successors and assigns, expressly waives any and all procedural
and substantive objections to the special assessments, including, but not limited to, hearing
requirements, and any claim that the assessments exceed the benefit to the land so assessed.
The Developer, for itself and its successors and assigns, also waives any appeal rights
otherwise available pursuant to Minnesota Statutes Section 429.081.
The Developer also acknowledges that its failure to perform any or all of the Developer’s
obligations under this Agreement may result in substantial damages to the City; that in the event
of default by the Developer, 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.
34. WARRANTY. During the warranty period, the Developer warrants that all Subdivision
Improvements will be free from defects and that they will continue to meet all technical
specifications and standards. During the warranty period, the Developer agrees to repair or
replace any Subdivision Improvement, or any portion or element thereof, which shows signs of
failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective
Subdivision Improvement during the warranty period, the City may repair or replace the
defective portion and may use the Security to reimburse itself for such costs. The Developer
agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or
replacement if the cost thereof exceeds the remaining amount of the Security. Such
reimbursement must be made within 45 days of the date upon which the City notifies the
Developer of the cost due under this paragraph. The Developer hereby agrees to permit the
City to specially assess any unreimbursed costs against any lots in the Subdivision which have
not been sold to home buyers if the Developer fails to make required payments to the City. The
Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the
23
lots within the Subdivision of the repair or replacement of the Subdivision Improvements and
hereby consents to such assessment and waives the right to a hearing or notice of hearing or
any appeal thereon under Minnesota Statutes, Chapter 429.
A. The required warranty period for all work relating to the public sewer and water
shall be two (2) years from the date of final written City acceptance 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 of the work.
C. The required warranty period for sod, trees, and landscaping is two (2) years from
the date of final written City acceptance of the installation.
35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Agreement, payment of special assessments, payment of the costs of all public
Subdivision Improvements, and construction of all public Subdivision Improvements, the
Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a
combination of a cash escrow and letter of credit (the “Security") in the amount of $2,964,127.
The bank originating the letter of credit shall be determined by the City to be solvent and
creditworthy. The letter of credit shall substantially be in the form attached to this Agreement
and must be approved by the City. The amount of the Security was calculated as itemized on
Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit
no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City
shall notify the Developer and the Developer shall provide to the City within 45 days a substitute
for the letter of credit from another bank meeting the City’s requirements. If the Developer fails
to provide the City within 45 days with a substitute letter of credit from an issuing bank
satisfactory to the City, the City may draw under the existing letter of credit.
This breakdown is for historical reference; it is not a restriction on the use of the
24
Security. The City may draw down the Security, without notice, for any violation of the terms of
this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the
required public Subdivision 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 by the City to cure the default.
36. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt
of proof satisfactory to the City Engineer that work has been completed in accordance with the
approved Plans and the terms of this Agreement and that all financial obligations to the City
have been satisfied, the City Engineer may approve reductions in the Security in the following
instances:
A. Upon completion of grading operations, including temporary site restoration. The
Developer must 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 by the City, one hundred (100) percent, or $0, of the
Security associated with grading may be released. This Security reduction does
not include amounts related to erosion and sedimentation control.
B. Up to 75 percent of the Security associated with the itemization on Exhibit C may
be released upon completion of the following key milestones of the project as
determined by the City Engineer:
1. Construction Categories 2 and 3: The amount of $792,614 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.
2. Construction Categories 4 and 5: The amount of $809,601 may be released
25
when all streets, sidewalks, 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.
3. Construction Categories 6-10 and 14-17: The amount of $450,021 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) 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
Subdivision Improvements are accepted by the City Engineer and the City
Council.
4. Construction Categories 11, 12 and 13: The amount of $170,859 may be
released when landscaping Subdivision Improvements have been installed to
the satisfaction of the City Landscape Architect including all corrective work
for any identified punch list items.
C. Twenty-five (25) percent of the original Security amount, excluding grading and
landscaping improvements shall be retained until: (1) all Subdivision
Improvements have been fully completed and accepted by the City, including all
corrective work and warranty punch list items; (2) all financial obligations to the
City have been satisfied; and (3) the warranty period has expired.
D. Twenty-five percent (25%) of the original Security amount associated with
landscaping shall be retained by the City until: (1) all landscaping Subdivision
Improvements have been fully completed and accepted by the City, including all
26
corrective work and warranty punch list items being completed by the Developer;
(2) all financial obligations to the City have been satisfied; and (3) the warranty
period has expired.
E. In addition to the above project milestone based Security reductions, the
Developer may submit a written request and upon receipt of proof satisfactory to
the City Engineer that work is progressing in accordance with the approved Plans
and the 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 (50)
percent of the initial Security amount.
F. It is the intent of the parties that the City at all times have available to it Security
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 Security shall be evaluated by the City in light of that
principle.
37. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Agreement which must be paid to the City prior to recording the final
plat:
Sewer Availability Charge (SAC): $303,000
Water Availability Charge (WAC): $303,000 Park Dedication: $0 Special Assessments Due: $0
Street Light Operating Fee: $1,419 City Base Map Upgrading ($25.00 per REU): $2,525 City Engineering Administration Escrow: $50,000 TOTAL CASH REQUIREMENTS: $659,944
27
38. 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: 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.
39. 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 insurance policy dated not
earlier than thirty (30) days prior to the execution of the plat.
40. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws,
ordinances, regulations, and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of the Minnesota.
41. SEVERABILITY. In the event that any provision of this Agreement shall be held
invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall
pertain only to such section and shall not invalidate or render unenforceable any other provision
of this Agreement.
42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this
Agreement is cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, or available to the City at law or in equity, or under any other
agreement. 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. If either party waives in writing any default or nonperformance by the other
party, such waiver shall be deemed to apply only to such event and shall not waive any other
prior or subsequent default.
28
43. COUNTERPARTS. This Agreement may be executed simultaneously in any number
of counterparts, each of which shall be an original and shall constitute one and the same
Agreement.
29
CITY OF LAKE ELMO By: ____________ __________________ Its: Mayor By: __________________ _____________ Its: City Clerk
STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2017, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, 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
30
M/I HOMES OF MINNEAPOLIS/ST. PAUL, LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________, 2017, by _______________________, the _______________________of ____________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
31
FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT
, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Agreement, 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 , 2017.
STATE OF MINNESOTA ) ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2017.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
32
MORTGAGE CONSENT TO DEVELOPMENT AGREEMENT
, which holds a mortgage on the Property, the development of which is governed by the foregoing Development
Agreement, agrees that the Development Agreement shall remain in full force and effect even if it forecloses on its mortgage.
Dated this day of , 2017.
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________, 2017, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
33
CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT
, which/who has a contract purchaser's interest in all or part of the Property, the development of which is governed by the foregoing Development Agreement, 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 Property in which there is a contract purchaser's interest. Dated this ___ day of ________________, 2017.
STATE OF MINNESOTA )
) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________, 2017, by ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
A-1
EXHIBIT A TO DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
Outlots A, B, F and G, Inwood 3rd Addition, according to the recorded plat thereof, Washington County, State of Minnesota.
B-1
EXHIBIT B TO DEVELOPMENT CONTRACT
List of Plan Documents The following documents prepared by Carlson McCain, and Pioneer Engineering, collectively constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE
1 of 25 Cover 05/22/2017
2 of 25 Sanitary Sewer and Watermain Index 05/22/2017
3 of 25 Storm Sewer Index 05/22/2017
4-10 of 25 Sanitary Sewer and Watermain 05/22/2017
11-14 of 25 Storm Sewer 05/22/2017
15-20 of 25 Street Construction 05/22/2017
21-22 of 25 Signing, Striping and Lighting Plan 05/22/2017
23-25 of 25 Details 05/22/2017
T1-T4 of 4 Turnlane 05/22/2017
L1-7 Landscape Plan 04/27/2017
C-1
EXHIBIT C TO DEVELOPMENT CONTRACT
Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125%
1 Grading $0 $0
2 Sanitary Sewer $356,976 $446,220
3 Watermain $488,479 $610,599
4 Storm Sewer (includes pond structures and
outfall pipes)
$189,979 $237,474
5 Streets and Sidewalks $673,595 $841,994
6 Trails $10,000 $12,500
7 Surface Water Facilities (ponds, infiltration
basins, other BMPs)
$96,890 $121,113
8 Street Lighting
$66,000 $82,500
9 Street and Traffic Signs $8,850 $11,063
10 Private Utilities (electricity, natural gas,
telephone, and cable)
$0 $0
11 Landscaping Improvements $180,000 $225,000
12 Tree Preservation and Restoration $0 $0
13 Wetland Mitigation and Buffers $2,250 $2,813
14 Monuments $10,100 $12,625
15 Erosion and Sedimentation Control $0 $0
16 CSAH 10 Turnlanes/ROW Improvements
$283,182 $353,978
17 Developer’s Record Drawings $5,000 $6,250
TOTALS $2,371,301 $2,964,127
FORM OF 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 ______________, 20___, 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, 20___. 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
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 5
AGENDA ITEM: Downtown Phase 1 & 2 Improvements – Approve Phase 1 Final Reconciliation
Payment and Approve Phase 2 Cooperative Agreement Payment No. 2
SUBMITTED BY: Chad Isakson, Project Engineer
REVIEWED BY: Krintina Handt, City Administrator Jack Griffin, City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Invoice No. 4 for the Downtown Street,
Drainage and Utility Improvement Projects (Phase 1 reconciliation payment and Phase 2, Payment No. 2)? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: In July 2016, the City of Lake Elmo entered into Cooperative Agreement No. 10196 with Washington County for the cost sharing of the Downtown Phase 1 and Phase 2 Improvements. In accordance with the agreement payment schedule, Washington County has submitted Invoice No. 4 in the amount of $3,567,143.28. The amount requested reflects a decrease of $103,820.12 from the Phase 1 Improvements to reconcile final project costs. The Phase 2 invoice amount is $3,670,963 and reflects an estimate at project completion. This amount is $136,191 less than the cost identified in the cooperative agreement. The invoice has been reviewed and payment is recommended in the amount requested. FISCAL IMPACT: No additional fiscal impact. Payment is proposed in accordance with Cooperative Agreement No. 10196 with Washington County including final reconciliation for the Downtown Phase 1
Improvements and partial payment No. 2 for the Downtown Phase 2 Improvements. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, payment to Washington County in the amount of $3,567,143.28 which includes a $103,820.12
credit for the Phase 1 Improvements final reconciliation and $3,670.963.40 for partial payment No. 2 for
the Downtown Phase 2 Improvements. If removed from the consent agenda, the recommended motion for
the action is as follows:
“Move to approve payment to Washington County in the amount of $3,567,143.28 for Final credit for
the Phase 1 Improvements and for partial payment No. 2 for the Downtown Phase 2 Improvements in accordance with Invoice #4 attached and per Section G.2 of Cooperative Agreement No. 10196.” ATTACHMENTS:
1. Washington County Invoice No. 120204 and supporting detail.
Lake Elmo Old VillageInvoice Summary5/16/2017PHASE I ‐ COST SUMMARY FOR PHASE 1 ‐ CITY/COUNTY AGREEMENT #10196Estimated Total Cost (from Coop Agree)Total Amount to Date City Cost % Current City CostAmount Paid Invoice #1Amount Paid Invoice #2Amount Paid Invoice #3Amount Due Invoice #4 Note:Right‐of‐Way and EasementsUpper 33rd St. N, 36th St. N. and Laverne Avenue 91,902.00$ 91,902.10$ 100% 91,902.10$ 8,945.21$ 82,956.89$ ‐$ Attachment ARegional Drainage Pond 1,154,190.00$ 1,158,325.00$ 50% 579,162.50$ 21,370.33$ 557,792.17$ ‐$ Attachment AEngineeringPreliminary Design 131,600.00$ 131,600.00$ 91.2% 120,019.20$ 12,001.92$ 108,017.28$ ‐$ Attachment BFinal Design 233,460.00$ 233,460.00$ 91.2% 212,915.52$ 21,291.55$ 191,623.97$ ‐$ Attachment BConstruction Inspection/Administration 295,200.00$ 295,200.00$ 91.2% 269,222.40$ 29,463.07$ 235,499.30$ 4,260.02$ Attachment CPrecondition Survey 27,133.00$ 21,173.25$ 91.2% 19,310.00$ ‐$ 19,310.00$ ‐$ Attachment DConstruction4,668,601.00$ 4,623,766.15$ 89.1% 4,117,494.78$ 405,794.27$ 3,851,969.85$ (36,449.21)$ (103,820.12)$ Attachment ETOTAL 6,602,086.00$ 6,555,426.50$ 5,410,026.50$ 498,866.35$ 5,047,169.46$ (32,189.19)$ (103,820.12)$ PHASE II ‐ COST SUMMARY FOR PHASE 2 ‐ CITY/COUNTY AGREEMENT #10196Estimated Total Cost (from Coop Agree)Total Amount to Date City Cost % Current City CostAmount Paid Invoice #1Amount Paid Invoice #2Amount Due Invoice #3Amount Due Invoice #4Amount Due Invoice #5 (warranty period)Right‐of‐Way and EasementsCSAH 17 (Lake Elmo Ave) 284,760.00$ 305,632.75$ 55.0% 168,098.01$ 32,436.00$ 135,662.01$ Attachment F30th Street N. 147,550.00$ 133,832.88$ 100% 133,832.88$ 25,135.58$ 108,697.30$ Attachment F35th St. N, 36th St. N, and Other Local 55,000.00$ 38,318.73$ 100% 38,318.73$ 6,810.80$ 31,507.93$ Attachment FEngineeringPreliminary Design 189,400.00$ 189,139.45$ 56.1% 106,107.23$ 21,221.45$ 84,885.79$ Attachment BFinal Design 461,000.00$ 461,000.00$ 56.1% 258,621.00$ 57,458.84$ 201,162.16$ Attachment BConstruction Inspection/Administration 578,200.00$ 725,613.00$ 56.1% 407,068.89$ 64,874.04$ 342,194.85$ Attachment GPrecondition Survey 27,173.00$ 21,535.00$ 56.1% 12,081.14$ 3,048.81$ 9,032.32$ Attachment HConstruction Materials Testing 30,740.75$ 56.1% 17,245.56$ 6,814.30$ 10,431.26$ Attachment I‐$ Construction6,593,389.00$ 6,388,054.68$ 54.0% 3,558,691.76$ 700,475.60$ 2,747,389.76$ Attachment JTOTAL 8,293,867.24$ 4,700,065.20$ 918,275.40$ 3,670,963.40$ INVOICE TOTALS498,866.35$ 5,047,169.46$ 886,086.22$ 3,567,143.28$
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 6
AGENDA ITEM: Inwood Booster Station Improvements - Change Order No. 4 SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Rob Weldon, Public Works Director Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 4 for the Inwood Booster Station Improvements?
BACKGROUND: Magney Construction, Inc. was awarded a construction contract to complete the Inwood Booster Station Improvements on February 2, 2016. The booster station construction work is completed with the exception of finalizing SCADA controls programming and start-up. PROPOSAL DETAILS/ANALYSIS: Magney Construction, Inc. has submitted a change order
to increase the SCADA programming budget by $3,087.00 to account for additional
programming needed for operational controls. The original contract included a programming allowance that has proven to be insufficient to complete the work as needed. This change order also extends the contract substantial completion date from December 12, 2016 to June 30, 2017 to reflect operation and equipment modifications and to coordinate start-up and training with
Public Works staff.
FISCAL IMPACT: This change order will increase the contract in the amount of $3,087.00 bringing the revised construction contract to $1,315,434.45. With this change order the project remains within the authorized project budget and contingencies.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the
Consent Agenda, Change Order No. 4 for the Inwood Booster Station Improvements. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to approve Change Order No. 4 for the Inwood Booster Station Improvements, thereby
increasing the contract amount by $3,087.00 and extending the substantial completion date
from December 12, 2016 to June 30, 2017”. ATTACHMENTS:
1. Change Order No. 4.
CONTRACT CHANGE ORDER FORM
CHANGE ORDER NO. DATE:
TO:
UNIT
LS
Amount of Original Contract $
Sum of Additions/Deductions approved to date (CO Nos. 1 & 2) $
Contract Amount to date $
Amount of this Change Order (ADD) (DEDUCT) (NO CHANGE)$
Revised Contract Amount $
The Contract Period for Completion will be (UNCHANGED) (INCREASED) (DECREASED)days
Extends substantial completion date from 12/31/2016 to 6/30/2017 and final completion date to 7/27/2017.
APPROVED BY ENGINEER: MSA PROFESSIONAL SERVICES APPROVED BY CONTRACTOR
DATE DATE
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
DATE DATE
$3,087.00
CITY OF LAKE ELMO, MINNESOTA
BYBY
CHANGE ORDER DESCRIPTION / JUSTIFICATION:
Attachments (list documents supporting change):Attached price quotation
DESCRIPTION OF PAY ITEM QTY UNITE PRICE
NET CONTRACT CHANGE
1
Magney Construction, Inc., 1401 Park Road, Chanhassen, MN 55317
INWOOD BOOSTER STATION IMPROVEMENTS
PROJECT NO. 2014.129
4 May 19, 2017
Programming Allowance adjustment
ITEM
This change order increases the SCADA programming allowance by $3,087.00 to account for additional programming needed for
operational controls. The original contract included a programming allowance that has proven to be insufficient to complete the
work as needed. This change order also extends the contract substantial completion date from December 12, 2016 to June 30,
2017 and the final completion date to July 27, 2017, to reflect operation and equipment modifications and to coordinate start‐
up and training with Public Works staff. See attached supporting doucuments for clarification & cost breakdowns.
140
This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are
modified as follows upon execution of this Change Order.
BYENGINEER
1,308,404.00
3,943.45
1,312,347.45
3,087.00
1,315,434.45
INCREASE/(DECREASE)
$3,087.00CO4$3,087.00
FOCUS Engineering, inc.CHANGE ORDER FORM
Proposal
SEND TO
Company name FromPeter Aldritt
Attention Date
5/16/2017
Fax Phone Proposal #
Urgent Please comment X Please review For your information
Total pages, including cover:2
COMMENTS
RE: Booster Station Program Changes
Lucas,
Material: -$
-$
2,940.00$
Subtotal 2,940.00$
General Contractor's Overhead 147.00$
Bond & Insurance premiums
Total 3,087.00$
Thank you,
Peter Aldritt
Project Manager Accepted By Date
Please review this proposal and feel free to contact me with any questions, comments or concerns.
We are offering the following price to complete the program changes.
Subcontractor: Telemetry and Process Controls, Inc.
Labor:
MSA
Lucas Jones
MC-P6
Page 1 of 1
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 7
AGENDA ITEM: Old Village Phase 3 Street, Drainage, and Utility Improvements – Approve
Declaration of Easement on City Hall Property SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney Rob Weldon, Public Works Director Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the declaration of easement on City Hall property for the Old Village Phase 3 Street, Drainage, and Utility Improvements? BACKGROUND: On May 16, 2017 the City council awarded a contract to complete improvements for the Old Village Phase 3 Street, Drainage, and Utility Improvements. The improvements include the extension of sanitary sewer to the Lake Elmo Elementary School, City Hall and the Brookman II Building (3825 Lake Elmo Avenue) as well as extending sanitary sewer along Laverne Avenue, from 39th Street North to CSAH 14; 31st Street North, from CSAH 17 to the east end; Laverne Court North, from 31st Street North to south cul-de-sac; and Layton Court North, from 31st Street North to south cul-de-sac. PROPOSAL DETAILS/ANALYSIS: As a means to extend sanitary sewer to the Lake Elmo Elementary School, City Hall, and Brookman II Building (3825 Lake Elmo Avenue), public utilities will be routed on City Hall property (3800 Laverne Avenue North). The attached declaration of easement agreement defines the easement area and terms of the declaration. The City Attorney recommends Council approve this
agreement and record it with Washington County.
FISCAL IMPACT: None. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the declaration of easement on City Hall property for the Old Village Phase 3 Street, Drainage, and Utility Improvements. If removed from the consent agenda, the recommended motion is as follows:
“Move to approve the declaration of easement on City Hall property for the Old Village Phase 3 Street, Drainage, and Utility Improvements.” ATTACHMENTS: 1. Declaration of Easement. 2. Easement Exhibit.
1
499380v1 LA515-1
DECLARATION OF PUBLIC EASEMENT
THIS DECLARATION OF PUBLIC EASEMENT (the “Declaration”) is made this _____
day of _________________, 2017, by the City of Lake Elmo, a municipal corporation under the
laws of the State of Minnesota (the “Declarant”).
Recitals
A. Declarant is the fee owner of the property located in Washington County Minnesota (the
“Property”) and legally described on Exhibit A attached hereto.
B. Declarant wishes to establish a perpetual, non-exclusive public easement for utility
purposes, including the construction, installation, operation, and maintenance of sanitary
sewer and water facilities, across, over, and under the portions of the Property legally
described on the attached Exhibit B and depicted on the attached Exhibit C (the “Easement
Area”).
Declaration
Now, therefore, the Declarant hereby declares that the Property shall be held, sold, and conveyed
subject to the following easement, which shall inure to the benefit of the City of Lake Elmo (the
“City”):
1. Public Easement. The Property shall be subject to a perpetual, non-exclusive public
easement for utility purposes, including the construction, installation, operation, and maintenance of
sanitary sewer and water facilities.
2. Scope of Easement Rights. The perpetual, non-exclusive utility easement granted herein
includes the right of the City, its contractors, agents, and employees to enter the premises at all
reasonable times for the purpose of locating, constructing, reconstructing, operating,
maintaining, inspecting, altering and repairing the sanitary sewer and water facilities in the
499380v1 LA515-1 2
Easement Area.
The easement granted herein also includes the right to cut, trim, or remove from the
Easement Area such improvements, trees, shrubs, or other vegetation, and to prohibit
obstructions and grading alterations as in the City’s judgment unreasonably interfere with the
easements or the function of the facilities located therein.
3. Easement to Run with Land; No Merger. The easement created herein shall run with the
land and be binding on all parties having any right, title, or interest in the Property, their heirs,
successors, and assigns. The Declarant intends that the easement created herein shall not merge
into Declarant’s title to the Property and that any future conveyance of the Property by the
Declarant shall be subject to this Declaration of Easement unless the instrument of conveyance
expressly states an intention to terminate this Declaration of Easement.
4. Amendment; Modification; Termination. This Declaration may not be amended,
modified, or terminated without the consent of the City.
499380v1 LA515-1 3
CITY OF LAKE ELMO
By:
Mike Pearson
Its: Mayor
By: __________________________________
Julie Johnson
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _____ day of _________,
2017, by Mike Pearson and Julie Johnson, the Mayor and the City Clerk of the City of Lake
Elmo, a municipal corporation under the laws of Minnesota, on behalf of the municipal
corporation, Declarant.
______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (SJS)
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
A-1
499380v1 LA515-1
EXHIBIT A TO
UTILITY EASEMENT
Legal Description of the Property
That part of Lot One (1), Block Two (2), BROOKMAN ADDITION, according to the plat of
record in the Office of the County Recorder, Washington County, Minnesota, lying South of the
North 350.18 feet thereof, subject to a road easement on the North 16 feet thereof, containing
65,340 square feet, more or less.
B-1
499380v1 LA515-1
EXHIBIT B TO
UTILITY EASEMENT
Permanent Utility Easement Legal Description
A permanent easement for utility purposes over, under and across the above defined property,
said easement is described as follows:
Beginning at the southeast corner of said Lot 1, Block 2, BROOKMAN ADDITION; thence
South 89 degrees 01 minute 39 seconds West (assumed bearing) along the south line of said Lot
1 a distance of 204.52 feet; thence North 44 degrees 01 minute 39 seconds East a distance of
56.57 feet; thence North 89 degrees 01 minute 39 seconds East along a line parallel with and
40.00 feet northerly of the south line of said Lot 1 a distance of 154.0 feet, more or less, to a
point on the easterly line of said Lot 1; thence southerly along the easterly line of said Lot 1 to
the point of beginning.
C-1
499380v1 LA515-1
EXHIBIT C TO
UTILITY EASEMENT
Depiction of the Easement Area
N 89°01'39" E 154.04N 44°01'39" E56.57N 89°01'39" E 204.5240.00LOT 1BLOCK 210' D & UEASEMENT LINELAVERNE AVE.10.00REVISIONSDATEBYNO.DRAWN BY:CHECKED BY:PHONE: 651 491 20003535 VADNAIS CENTER DRIVEVADNAIS HEIGHTS, MN 55110-5196www.sehinc.comSURVEYED BY:3800 Laverne Ave. N.Lake Elmo, MN 55042Utility Easement AcquisitionExhibit0feetscale50100GLGLGLFILE NO.140215DATE04/18/16REV. NO.1SURVEY NOTES:-PROPOSED EASEMENT EQUALS 7148 SQUARE FEET-NO BOUNDARY SURVEY WAS PERFORMED FORBENEFIT OF EXHIBIT. PROPERTY LINES ARE SHOWN INAN APPROXIMATE WAY ONLYLOT 1, BLOCK 2, BROOKMAN ADDITIONSECTION 13, TOWNSHIP 29 N, RANGE 21 WWASHINGTON COUNTY, MNLake Elmo Easement AcquisitionP.I.D. # 13.029.21.22.0009PROPOSED PERMANENT UTILITY EASE. LINEPROPOSED TEMPORARY EASEMENT LINEPROPERTY LINERIGHT-OF-WAY LINEADJACENT PROPERTY LINEEXISTING DRAINAGE & UTILITY EASEMENTPERMANENT UTILITY EASEMENTTEMPORARY EASEMENT
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 8
AGENDA ITEM: MnDOT Master Partnership Contract – Approve 2018-2022 Contract
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director
Brian Swanson, Finance Director Sarah Sonsalla, City Attorney Chad Isakson, Assistance City Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve a Master Partnership Contract with the Minnesota Department of Transportation?
PROPOSAL DETAILS/ANALYSIS: The Minnesota Department of Transportation (MnDOT) has established a partnership agreement program to promote and encourage the sharing of resources between MnDOT and local agencies. In order to participate in this partnership the City must enter into a Master Partnership Contract as prepared by MnDOT. Examples of routine services that may be provided through this agreement are shown in Exhibit A of the agreement and include material and laboratory testing;
traffic signal, sign and street lighting maintenance and repair; pavement striping; bridge inspection; minor road maintenance and other services as outlined in the Contract.
The Master Partnership Contract establishes the framework for Mn/DOT and local agencies to provide services and payment to each other. However entering into this contract does not obligate the City to contract with MnDOT for any services at this time, rather the agreement allows the City to quickly and
efficiently respond to opportunities for collaboration. The agreement would be effective until June 30, 2022. RECOMMENDATION: Staff is recommending that the City Council approve a Resolution approving a Master Partnership Contract with the Minnesota Department of Transportation. The recommended motion for the action is as follows: “Move to approve Resolution No. 2017-060 approving a Master Partnership Contract with the Minnesota Department of Transportation.” ATTACHMENTS: 1. Resolution Approving a Master Partnership Contract with the Minnesota Department of Transportation.
2. Master Partnership Contract.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2017-060 A RESOLUTION APPROVING A MASTER PARTNERSHIP CONTRACT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and
WHEREAS, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and
WHEREAS, the parties wish to able to respond quickly and efficiently to such
opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Lake
Elmo: 1. That the City of Lake Elmo enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the Council.
2. That the proper City officers are authorized to execute such contract, and any amendments thereto. 3. That the City Engineer or Public Works Director are authorized to negotiate work order
contracts pursuant to the Master Contract, which work order contracts may provide for
payment to or from MnDOT, and that the City Engineer or Public Works Director may execute such work order contracts on behalf of the City of Lake Elmo without further approval by this Council. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTH DAY OF JUNE, 2017. CITY OF LAKE ELMO
By: __________________________ Mike Pearson (Seal) Mayor ATTEST:
________________________________ Julie Johnson
City Clerk
MnDOT Contract Number:
STATE OF MINNESOTA
AND
CITY OF LAKE ELMO
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the “State” and the City of Lake Elmo, acting through its City Council in this contract referred to as the “Local Government."
Recitals
1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.
2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system.
3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25.
4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance.
5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota.
6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the
relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a “Work Order” contracts.
7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts.
These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work.
8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently
issued under the authority of this Contract.
Master Partnership Contract
1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2.
1.2. A party must not accept work under this Contract until it is fully executed.
1.3. Expiration Date. This Contract will expire on June 30, 2022.
Page 1 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number:
1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project. A party must not begin work under a work order until the work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Local Government understands that this MPC is not a guarantee
of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders.
1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract
and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration
date of the MPC.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. “Requesting Party” is defined as the party requesting the other party to perform work under a work order contract. “Providing Party” is defined as the party performing the scope of work under a work order contract.
2. Technical Services
2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and
processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services is attached.
2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order
contract.
2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A
request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State.
2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested
Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment.
2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State’s then-current rate for performing the Technical Services. The then-current rate may include the State’s normal and customary additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period.
3. Services Requiring A Work Order Contract
3.1. Work Order Contracts: A party may request the other party to perform any of the following services
under individual work order contracts.
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3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services “means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task.” Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example
and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts,
final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party’s professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself
provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work.
3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle
pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting
and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work.
3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as
feasible.
3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate
the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although “on call” work orders may be prepared for certain types of services, especially for “Technical Services” items as
identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced.
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The Local Government will not be paid for work performed prior to execution of a work order contract and authorization by the State.
4. Responsibilities of the Providing Party
4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts.
4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted
under this MPC or the work order.
4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be
performed under each work order contract. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party’s authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work.
4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Local Government to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit.
4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of
non-payment.
4.1.5. In connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the
Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations.
4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance.
4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work.
4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations.
4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals.
4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration.
4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in
accordance with state law.
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4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor.
4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction.
4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold
the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk.
4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and
laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts.
4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other’s request, furnish copies of right of way certificates, easements, and construction permits.
4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project work if such changes do not increase the Requesting Party’s cost obligation under the applicable work order contract.
4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party’s written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State’s request.
4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the
State’s Utilities Office.
4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.
4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk
highway right-of-way, the following will apply:
4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper
and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern.
4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices.
4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits.
4.3.12.4 All improvements constructed on the State’s right-of-way will become the property of the State.
5. Responsibilities of the Requesting Party
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5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work.
5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and
other applicable law).
5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention
of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an
adjustment in compensation.
5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction.
5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s).
5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.
6. Time
In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State’s normal and customary additives will not apply if the parties agree
to a “lump sum” or “unit rate” payment.
7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this MPC will not
exceed $500,000.00.
7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party’s services, and unless otherwise specifically set forth in an applicable work order
contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written approval for such travel.
7.4. Payment.
7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law.
7.4.2. Payment by the Local Government.
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7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation.
7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM MNDOT.
7.4.2.3. Remit payment to the address below:
MnDOT Attn: Cash Accounting
RE: MnDOT Contract Number ####### and Invoice Number ###### Mail Stop 215 395 John Ireland Blvd
St. Paul, MN 55155 7.4.3. Payment by the State.
7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly.
7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State’s authorized
representative. The balance due will be paid when the State’s authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract.
8. Conditions of Payment
All work performed by the Providing Party under a work order contract must be performed to the Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized
Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law.
9. Local Government’s Authorized Representative and Project Manager; Authority to Execute Work Order Contracts
9.1. The Local Government’s Authorized Representative for administering this master contract is the Local Government’s Engineer, and the Engineer has the responsibility to monitor the Local Government’s performance. The Local Government’s Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body.
9.2. The Local Government’s Project Manager will be identified in each work order contract.
10. State’s Authorized Representative and Project Manager
10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State’s performance.
10.2. The State’s Project Manager will be identified in each work order contract.
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11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office.
11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and
approved the original contract, or their successors in office.
11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party’s right to subsequently enforce it.
11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either
party.
12. Liability.
Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this MPC and any work order issued hereunder.
13. State Audits
Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.
14. Government Data Practices and Intellectual Property
14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State.
14.2. Intellectual Property Rights
14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with
others in the performance of this master contract or any work order contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes,
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studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United
States Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute
all papers and perform all other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual
property for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials.
14.2.2. Obligations with Respect to Intellectual Property.
14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon.
14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees,
agents or contractors retain any interest in and to the Works and Documents.
15. Affirmative Action
The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to
Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:
15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.
15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the
Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided.
15.3. Minn. R. Parts 5000.3400-5000.3600.
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15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative
action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559.
15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action
requirements for disabled workers:
15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for
which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of
the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the
rights of applicants and employees.
15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons.
15.3.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State.
15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance.
16. Workers’ Compensation
Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be
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subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the statute.
17. Publicity
17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity
includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work
order contract.
17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government’s responsibilities under the Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
19. Prompt Payment; Payment to Subcontractors
The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month
to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school,
school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed,
or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract.
21. Termination; Suspension
21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State.
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Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.
21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The
State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will
not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State’s receiving that
notice.
22. Data Disclosure
Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any.
23. Defense of Claims and Lawsuits
If any lawsuit or claim is filed by a third party (including but not limited to the Local Government’s contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such
claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local
Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of
the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
[The balance of this page has intentionally been left blank – signature page follows]
Page 12 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017)
MnDOT Contract Number:
LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION
The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by
applicable ordinance, resolution, or charter provision.
By:
By: (with delegated authority)
Title: Title Assistant Commissioner or Assistant Division Director
Date: Date:
By:
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
Title By:
Date: Date:
Page 13 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017)
Page 1 of 4 MPC Program FY 2017-2022
Exhibit A - Table of Tech Serv
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Date: 04/20/2017
If a source code is not on this list, a work order is needed.
Source
Code Title Description
0032 Business Unit Management All expenses of business/office managers for general management and administration of support functions. includes administering
central facilities maintenance and facilities capital budgets.
0152 Support Services Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other
MnDOT systems, attending staff meetings and other indirect support activities.
0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.
0600 General Training Attended All costs (time, registration, materials, travel expenses, etc.) for attending or participating informal or informal training, including
conferences that primarily provide training.
1182 Soils/Foundation Field/Laboratory Tests All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for
use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil
classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability and
triaxial tests.
1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT.
1421 Bridge Management System
Operation/Administration/Data
Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
1434 Structural Metals Inspection-Non DOT Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks related
to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and
technical services in the field and offices) for local agency projects.
1501 Traffic Management System (TMS)Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information,
managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera
maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables,
monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber
optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use when
providing traffic operations technical assistance external to MnDOT.
1513 Traffic Management System (TMS)
Integration
For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into
existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.
1520 Pavement Management System For tasks related to the operation of the pavement management system, including development and maintenance/technical support.
Includes tasks to meet needs external to MnDOT.
1716 Record Sampling Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and
checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split sample.
1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
Page 2 of 4 MPC Program FY 2017-2022
Exhibit A - Table of Tech Serv
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Date: 04/20/2017
If a source code is not on this list, a work order is needed.
Source
Code Title Description
1732 Material Testing & Inspection Performing construction phase and research physical and chemical laboratory testing, and related technical services in the districts
and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical
services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling weight
deflectometer (FWD) testing.
1733 Concrete Plant Inspections Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant
reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
stationary concrete plants or mobile concrete paving plant inspection.
1734 Construction Materials Inspections Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete,
reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in multiple
projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished by
suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection
(materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field
and offices).
1735 Bituminous Plant Inspection Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant
reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
bituminous plant inspection.
1738 State Project - Specific Materials
Inspection
Performing material inspection for materials designated for a specific construction project (SP). Generally applies to inspection of
such things as structural steel, prestressed concrete items, and most precast concrete items and for SP specific tasks related to
structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and
technical services in the field and offices).
1800 Field Inspection Occasional construction project field inspection (not cyclical inspection of assets); Includes field inspection of materials such as
gradations, densities/DCP, proctors, compaction, slump tests, and field air testsand collecting and transporting samples for lab tests,
but not the actual laboratory verifications.
1870 Traffic Signal Maintenance This work will not substitute for or alter existing cooperative construction agreements or traffic signal maintenance agreements.
Work related to the occasional repair and replacement of traffic signal system structures and all electrical maintenance for traffic
signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public
inquiries.
1871 Lighting Maintenance & Utilities All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing,
maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting
structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems and
electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public
inquiries/complaints, review utility billings, provide data, and conduct field reviews.
1875 Locate One Call Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic management
system, signal systems, or roadway lighting systems.
Page 3 of 4 MPC Program FY 2017-2022
Exhibit A - Table of Tech Serv
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Date: 04/20/2017
If a source code is not on this list, a work order is needed.
Source
Code Title Description
1876 Traffic Counting Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring
or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, collecting field
data, processing data, and developing new techniques for collection.
2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching
2142 Overhead Sign Panel Maintenance Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead sign
structures. Includes related cable locates and traffic control. Does not include structural work.
2210 Guardrail-Install/Repair/Maintenance Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector replacement.
includes related traffic control.
2222 Sign/Delineation/Marker Repair Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and
repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control.
2316 Brush & Tree Removal Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump
removal/grinding. Includes related traffic control.
2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment.
2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
2819 Bridge Curb, Walk And Railing Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median
barriers on bridges. Includes related traffic control.
2820 Bridge Deck Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck or
slab overlays and replacements and underside deck delamination. Includes related traffic control.
2822 Miscellaneous Bridge Maintenance This source code does not include replacement or major repair. Miscellaneous maintenance tasks performed on a specific bridge or
structure not covered by other source codes. Includes minor repairs and simple fixes on items such as stairways, drains, fencing, light
bases, transient guards, and access doors. Includes transient removal, ordering materials, and picking up equipment. Includes related
traffic control.
2824 Bridge Inspection-Non-Federal All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements of
the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments.
Includes related inspection reports and deck condition surveys.
2827 Bridge Expansion, Relief Joints All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device
bolts and replacing seal glands. Includes related traffic control.
2828 Bridge Inspection-Federal Fund All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin
with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code
begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins with
9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources (DNR) use
Source Code 2824.
Page 4 of 4 MPC Program FY 2017-2022
Exhibit A - Table of Tech Serv
Used with TA98 Project IDs
If a source code is not on this list, a work order is needed.
Date: 04/20/2017
If a source code is not on this list, a work order is needed.
Source
Code Title Description
2829 Bridge Superstructure All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types
of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and box girders.
Includes related traffic control.
2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic
2834 Waterway Maintenance All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel
protection repair that is not part of slope protection. Includes related traffic control.
2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control.
2863 Traffic Signal Inspection Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures.
Includes labor, equipment, materials, and traffic control.
3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.
3002 Radio/Electronic Infrastructure Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems
(includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use
Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of Criminal
Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project
3005 Radio - Mobile Equipment Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems
(includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use
Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.
3009 Radio/Electronic System Upgrade &
Installation
Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic
systems. Use for all work performed to correct or repair deficiencies found in a new installation.
3025 Tower/Building Maintenance Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing,
landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.
3027 Radio Programming Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios used
as fixed base radios as part of the Inter-OP System (Use 3009).
3049 On Call Electronic Communications
Infrastructure Maintenance
To be used by Statewide Radio Communications personnel to record on-call time.
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 9
AGENDA ITEM: LDO Grant Request
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: In 2016, the Environmental Committee requested $40,000 in the 2017 budget for matching grants to the four recreational lakes for water quality improvements like treating invasive species. This funding represents a 50% match, up to the maximum amount of $10,000 per lake. A match is required by the Lake Associations and any grant amounts received would not be included as part of the Lake Association match amounts. That request was included in the final
2017 budget.
ISSUE BEFORE COUNCIL: Does Council approve the grant request of $4,577.50 from the LDO?
PROPOSAL: The LDO has requested $4,775.50 in matching funding to treat Eurasian Milfoil this summer on lakes Olson and Demontreville. A copy of their letter requesting funds is included in your packet.
FISCAL IMPACT: $4,577.50 from the budgeted $40,000. OPTIONS: 1) Approve $4,577.50 for LDO Eurasian Milfoil Treatment
2) Approve a different amount for LDO Eurasian Milfoil Treatment 3) Do not approve any funding for LDO Eurasian Milfoil Treatment RECOMMENDATION: If removed from the consent agenda:
“Motion to approve the LDO lake improvement grant request of $4,577.50
ATTACHMENTS:
• LDO Request Letter
…preserve, protect, and improve water and shoreline health
Memo to: Kristina Handt, City Administrator
From: Link Lavey, LDO President
Date: May 25, 2017
Re: City financial assistance with mid-lake Eurasian Water Milfoil treatment
Thank you for meeting with me yesterday. As we discussed LDO is making an official request for cost
sharing of the expenses associated with treating EWM on our lakes. Below is an outline of our
expenses and the grants we received from Washington County and the DNR.
Spring Point Intercept Study (provided by Washington County) 0
Spring Delineation Survey (Provided by Minnesota DNR) 0
Mid Lake Treatment (PLM Contractor) 15,000
(This is and estimate. Water levels on day of treatment will
determine actual costs)
Water Analysis Lab fees 1,000
(This is an estimate. Actual fees will be determined when sample
sites and # of samples are provided by the DNR)
Insurance (required by Washington County) 700
Permit fees 1505
Printing $ shipping 200
Total 18,405
Washington County Grant 8,000
DNR Grant 1,250
Remaining costs after County and DNR grants 9,155
The LDO is asking the City to help us and split the out of pocket expenses for this year's Eurasian
Water Milfoil Mid-Lake treatments. If the City is willing to work with us on this the costs would be
$4,577.5 for both the LDO and the City of Lake Elmo. As you may be aware, EWM left untreated in
these shallow lakes would likely mat the surface of over 80% of the lakes leaving them unusable for
any water recreation.
Thank you very much for your support and participation. We expect this treatment to provide full
seasonal relief with the additional benefit of EWM plant kill reducing our efforts next year.
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 10
AGENDA ITEM: Accept Resignation of Public Works Operator Cornell
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: Mike Cornell submitted his resignation as Public Works Operator III on May 19, 2017. His last day will be Friday, June 2, 2017.
ISSUE BEFORE COUNCIL: Does Council accept the resignation of Public Works Operator Cornell? PROPOSAL: The Council is respectfully requested to accept the resignation from Mike Cornell. Since we are
in the middle of recruiting a new public work operator already, staff will consider making recommendations on three new hires from the applicant pool to fill our current vacancies. FISCAL IMPACT: NA
OPTIONS: 1) Accept Resignation of Mike Cornell 2) Do not accept Resignation of Mike Cornell
RECOMMENDATION: If removed from the consent agenda: “Motion to accept Mike Cornell’s resignation,.”
ATTACHMENTS: None
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 11
AGENDA ITEM: City Rep on Friends of Sunfish Lake Park Board (Manzara Nature Center)
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: At the April 18, 2017 Council meeting, Council approved the Sally Manzara Interpretive Nature Center Development, Lease, License and Operating Agreement. Pursuant to Article II, 1., d. the
City Council is responsible for appointing the City representative to serve on the Friends’ Board
of Directors. ISSUE BEFORE COUNCIL: Who should the Council appoint as the City representative to the Friends of Sunfish Lake Park
Board of Directors?
PROPOSAL DETAILS/ANALYSIS: Council member Nelson has met with a couple members of the board and is willing to serve as the City’s representative to the Friends of Sunfish Lake Park Board of Directors for a term
concurrent with her term on City Council.
FISCAL IMPACT: NA OPTIONS:
1) Appoint Council Member Chris Nelson to the Friends of Sunfish Lake Park Board of Directors for a term concurrent with her term on City Council 2) Appoint another Council Member to the Friends of Sunfish Lake Park Board of Directors for a term concurrent with her/his term on City Council
3) Appoint another person to the Friends of Sunfish Lake Park Board of Directors
RECOMMENDATION: If removed from the consent agenda: Motion to appoint Chris Nelson to the Friends of Sunfish Lake Park Board of Directors for a term concurrent with her term on City Council
ATTACHMENTS: None
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 12
MOTION
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Easton Village 2nd Addition Developers Agreement
REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney
Brian Swanson, Finance Director
BACKGROUND: On May 2, 2017, the City Council adopted Resolution 2017-040 approving the Final Plat of
Easton Village 2nd Addition. An executed Developers Agreement is a condition of final plat
approval and is required prior to recording the final plat with Washington County.
ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2017-057 approving the Developer Agreement for Easton Village 2nd Addition.
REVIEW/ANALYSIS: A condition of approval of the Easton Village 2nd Addition Final Plat is that the developer enter
into a Developer’s Agreement prior to the execution of the plat by City officials. Staff has
drafted this Developer Agreement which is attached for consideration by the City Council. The
key aspects of the agreement include the following components:
• That all public improvements to be completed by October 31, 2017, with the exception of the final wear course of asphalt on streets.
• That the developer provide a letter of credit in the amount of $702,776 related to the cost of the proposed improvements.
• That the developer provide a letter of credit in the amount of $10,854 which represents
fee in lieu of park dedication for the 5.2 acre final plat to be released by the City when the
required 5.85 acres of parkland is dedicated to the City with future phases.
• The required improvements to the Village Parkway are included in the letter of credit amount.
City Council – Staff Report Consent Item #12
Meeting date: 6/6/2017
Page 2
• That the developer provide a cash deposit of $186,779 for SAC and WAC charges, engineering administration, one year of street light operating costs, railroad crossing improvements, AUAR and other City fees.
• A temporary turnaround on the north end of Linden Avenue N and the north end of the Village Parkway is to be installed by the developer.
The construction plans approval for the project are expected, but had not been given prior to the
preparation of this report. If approved, the final page of the Developer Agreement will be
updated to include the final construction plan dates. The Developer Agreement will not be
executed until the final construction plans are approved, all fees and securities, and insurance
certificates are received among other requirements. Only after recording of the final plat and the
completion of a pre-construction meeting with the City can the construction commence.
FISCAL IMPACT: The future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after
warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 19 lot single family residential subdivision. $10,854 is being collected in the form of a Letter of Credit to be released when the remaining parkland of the entire subdivision is dedicated to the
City.
The railroad improvements are estimated and should the construction cost more than estimated, the benefiting properties will be assessed for the increased costs as stipulated in the Developer Agreement.
OPTIONS: The City Council is being asked to consider the approval of the Developer’s Agreement on the consent agenda and has the following options:
1) Adopt Resolution 2017-057 approving the Developer Agreement for Easton Village 2nd
Addition on the Consent Agenda; or
2) Remove the item from the consent agenda and Direct Staff to amend the draft Developer Agreement to bring back to a future City Council meeting. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2017-057 approving the Developer’s
Agreement for Easton Village 2nd Addition Planned Unit Development as part of tonight’s
consent agenda.
If the City Council removes the item from consent, then Staff recommends the following motion:
City Council – Staff Report Consent Item #12
Meeting date: 6/6/2017
Page 2
“Move to adopt Resolution 2017-057 approving the developer’s agreement for Easton Village
2nd Addition Final Plat”
ATTACHMENTS:
• Resolution 2017-057
• Easton Village 2nd Addition Developer’s Agreement
1 Resolution 2017-057
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-057 A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE EASTON VILLAGE 2ND
ADDITION FINAL PLAT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the
laws of the State of Minnesota; and WHEREAS, Chase Development, 2140 West County Road 42, Burnsville, MN (“applicant”)
has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Easton Village 2nd Addition Planned Unit Development; and WHEREAS, the Lake Elmo Planning Commission considered the Easton Village Sketch Plan at its January 27, 2014 meeting; and WHEREAS, the Lake Elmo City Council approved the Easton Village Preliminary Plat and on July 15, 2014; and WHEREAS, the Lake Elmo City Council adopted Resolution 2017-057 on May 2, 2017 approving the Final Plat for Easton Village 2nd Addition; and WHEREAS, a condition of approval of said Resolution 2017-057, 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 June 6, 2017 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer’s Agreement for Easton Village 2nd Addition PUD and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 6 day of June, 2017 by the City Council of the City of Lake Elmo, Minnesota. ________________________________________ Mike Pearson, Mayor ATTEST:
____________________________________
Julie Johnson, City Clerk
1
(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water) Easton Village 2nd Addition
THIS DEVELOPMENT AGREEMENT is dated ______________, 2017, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”), and to Chase
Development, Inc, a Minnesota Limited Liability Company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Easton Village 2nd Addition (referred to in this Agreement as the “Subdivision”). The
property being platted is situated in the County of Washington, State of Minnesota, and is legally
described on Exhibit A.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on
condition that the Developer enter into this Agreement, furnish the security required by it, and
record the plat with the County Recorder or Registrar of Titles within 120 days after the City
Council approves the final plat.
3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of
the Property and the construction therein of certain public and private improvements. The
2
Developer may not grade or otherwise disturb the earth, remove trees or construct public or
private improvements or any buildings within the Subdivision until all the following conditions
precedent have been satisfied:
A. the Developer has executed and recorded with Washington County all drainage and
utility easements required for the Subdivision by the City Engineer and Public Works
Director in the City’s standard form;
B. the Developer has executed and recorded with Washington County the storm water
maintenance and easement agreement in the City’s standard form;
C. this Agreement has been executed by the Developer and the City;
D. the required Letters of Credit (as hereinafter defined) have been received by the City
from or on behalf of the Developer including a $10,854 for park dedication that will be
released upon required dedication of park land with a future phase of the development.
E. final construction plans and specifications have been submitted by the Developer and
approved by the City Engineer;
F. the Developer has paid the City for all legal, engineering and administrative expenses
incurred by the City regarding the City approvals and has given the City the additional
construction inspection escrow required by this Agreement;
G. the Developer has paid any outstanding assessments and taxes for the property or
property being deeded to the City;
H. the Developer has fulfilled any park dedication requirements as specified under this
Agreement;
I. the Developer has received all necessary permits from the MPCA, MDH, DNR,
applicable watershed, Washington County, and any other agency having jurisdiction
over the Subdivision;
3
J. the Developer has provided the City with a certificate of insurance required by this
Agreement;
K. the Developer or the Developer’s engineer and the Developer’s contractor(s) have
initiated and attended a preconstruction meeting with the City Engineer, and City staff;
L. the final plat has been recorded with Washington County;
M. the City has issued a written notice that all above conditions have been satisfied and
that the Developer may proceed;
N. Legal documents regarding homeowner association documents, covenants, and
restrictions have been submitted, reviewed and approval by the City Attorney; and
O. the Developer shall provide a Title Policy for all land dedicated to the City.
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 of the development if the
Developer is not in compliance with any term of this Agreement and the non-compliance has not
been remedied. Development of subsequent phases of the development may not proceed until
development agreements for such phases are approved by the City. Park dedication charges
and availability charges for sewer and water referred to in this Agreement are not being
imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if
any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are
platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the Subdivision 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 five (5) years after preliminary
plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this
Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to
4
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 Agreement to the contrary, to the full extent
permitted by state law, the City may require compliance with any changes to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date
of this Agreement.
7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in
accordance with the City approvals, including the terms and conditions of approval of the final
plat as detailed in City Council Resolution No. 2017-040, and to construct all improvements in
accordance with the approved construction plans and specifications (collectively, the “Plans”)
prepared by a professional engineer registered in the State of Minnesota at its sole expense.
All terms and conditions of the City approvals are hereby incorporated by reference into this
Agreement. The documents which constitute the Plans are those on file with and approved by
the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the
Developer without the prior written approval of the City.
8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the
Developer shall make or install at its sole expense the following public and private
improvements (collectively, the “Subdivision Improvements”):
A. Grading and erosion control;
B. Sanitary sewer;
C. Water system improvements;
D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.)
E. Streets and sidewalks;
F. Trails;
G. Underground private utilities;
H. Landscaping;
I. Street lighting and signage;
5
J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.);
K. Tree preservation and reforestation;
L. Wetland mitigation and buffers; and
M. Monuments required by Minnesota Statutes.
All improvements shall be installed in accordance with the approved Plans, the City
approvals, the City Code, the City’s Engineering Design and Construction Standards Manual,
and the City’s Landscape and Irrigation Standards. 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 Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation 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 or a soil engineer inspect the
Developer’s 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 and the Developer's contractor.
9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developer shall submit
to the City an amount to be escrowed by the City for City administration and construction
observation costs in an amount provided under paragraph 38 of this Agreement - Summary of
Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30
days of receiving an invoice, for all administration and construction observation costs incurred
by the City during the construction of the Subdivision Improvements by the City’s engineering,
public works, planning, and landscape architecture staff and consultants. After 30 days of the
invoice, the City may draw upon the escrow and stop the work on site until the escrow has been
replenished in its full amount. City administration and oversight will include monitoring of
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construction progress and construction observation, consultation with the Developer and the
Developer’s professionals 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 the Security. 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 by the City on an hourly basis.
The direction and review provided by the City through the inspection of the Subdivision
Improvements should not be considered a substitute for the Developer-required management of
the construction of the Subdivision Improvements. The Developer must require the Developer’s
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 Subdivision Improvement. The City
shall inspect all Developer-installed Subdivision Improvements during and after construction for
compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The
Developer will notify the City at such times during construction as the City 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 the 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 twenty-five (25) percent ownership interest or in
which they are an officer or director may not act as contractors or subcontractors for the
Subdivision Improvements identified in Paragraph 8 above.
11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision
Improvements by October 31, 2017, 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
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course has weathered a winter season, consistent with warranty requirements, however, final
acceptance of the Subdivision Improvements by the City 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.
12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible
for all maintenance of the Subdivision Improvements including the snow plowing of the streets,
roads and alleys until the Subdivision Improvements are accepted by the City in writing. The
developer is also responsible to locate all underground utilities until the development is
accepted in writing by the City. Warning signs shall be placed by the Developer 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 by the
Developer. In the event residences are occupied prior to completing streets, the Developer
shall maintain a smooth surface and provide proper surface drainage to ensure that the streets
are passable for traffic and emergency vehicles. The Developer shall be responsible for
keeping streets within and without the Subdivision clean and clear of dirt and debris that may
spill, track, or wash onto the street from the Developer’s operations. The Developer shall
contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a
minimum, scraping and sweeping shall take place on a weekly basis.
Prior to the City’s acceptance of the streets the City may agree, at the City’s sole
discretion, to keep the streets open during winter months by plowing snow. The City will
consider snow plowing streets on a case by case basis and under the following conditions. 1)
The Developer must request in writing the streets in question to be plowed by the City, with
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such request received prior to October 1st of each winter season that plowing is requested. 2)
The streets must be occupied by residences of the City. 3) For streets that do not have the
bituminous wear course placed, the developer must install paved wedges along all curb lines
and catch basins. 4) Gate valves and manholes must be level with the pavement surface. 5)
Street curves, center medians, and other protrusions in the right-of-ways must be delineated
with “High-vis” fiberglass stakes. 6) A site review must be scheduled and conducted with Public
Works, and attended by the developer, to accept the streets for plowing prior to the commitment
of plowing by the City. 7) The City shall not be responsible for any damage caused by snow
plowing operations to the streets, curb and gutter, manholes, catch basins or other
infrastructure.8) The Developer shall enter into an Agreement with the City for plowing of the
streets.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property and this Agreement.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading,
public utility construction, and street construction is restricted to access the Subdivision via
Linden Avenue North and the Village Parkway. No construction traffic is permitted on other
adjacent local streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
Developer to construct the Subdivision Improvements in a sequence which will allow progress
and compliance points to be measured and evaluated. The Developer and the Developer’s
representatives are required to supervise and coordinate all construction activities for all
Subdivision 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. EROSION CONTROL. All construction regarding the Subdivision Improvements shall
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be completed in a manner designed to control erosion and in compliance with the City Code, the
City’s Engineering Design and Construction Standards Manual, all watershed district permits,
the Minnesota Pollution Control Agency’s best management practices, and other requirements
including the City’s permit with the Minnesota Pollution Control Agency for the municipal
separate storm sewer system program. Prior to initiating any work on the site, an erosion
control plan must be implemented by the Developer and inspected and approved by the City.
Erosion and sediment control measures shall be coordinated with the various stages of
development. The City may impose additional erosion control requirements at any stage in
development as deemed necessary to maintain a compliant site. All areas disturbed for site
improvements must be reseeded by the Developer promptly after the work in the area is
complete unless construction of the next stage of the improvements will begin in that area within
seven (7) days. 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 by the City unless the Subdivision is in full compliance with the approved erosion
control plan.
If building permits are issued prior to the acceptance of public Subdivision
Improvements, the Developer assumes all responsibility for erosion control compliance
throughout the Subdivision 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
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required by the City or City Engineer.
17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise
prepare the Property for development, it will be necessary for the Developer to grade the
Subdivision. All grading must be done in compliance with this Agreement and the approved
grading plans. Within 30 days after completion of the grading, the Developer shall provide the
City with an “as built” grading plan and a certification by a registered land surveyor or engineer
as required in the City’s Engineering Design and Construction Standards Manual.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers,
watermain, and streets, including turn lane and intersection improvements, shall be installed in
accordance with the approved Plans, the City approvals, the City Code, and the City’s
Engineering Design and Construction Standards Manual. Curb and gutter, 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 the Developer’s 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 by the Developer after the first bituminous course has weathered a winter season.
Prior to placement of the final bituminous wear course, the Developer shall repair or replace all
broken or failing curbs, sidewalks and damaged or settled streets as determined by the City
from a pre-wear course walk through inspection.
19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS.
A. The Developer agrees to install landscaping in accordance with the approved
Plans, the City approvals, the City Code, the City’s Engineering Design and
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Construction Standards Manual, and the City’s Landscape and Irrigation
Standards. All landscaping materials such as trees, shrubs, grasses, or other
vegetation installed by the Developer must be warrantied and maintained for a
period of two (2) years. The two (2) year warranty period shall be deemed to start
once all required landscaping identified as responsibility of Developer in the
approved Plans has received acceptance by the City. The Developer agrees to
have the installer of the landscaping complete an inspection thirty (30) days prior to
the end of the two (2) year warranty period and provide the City with a written
report identifying the condition of all landscaping. In the event any landscaping
installed by the Developer is deemed to be in poor condition or dead, the
Developer is to replace the landscaping with like kind materials or as otherwise
approved by the City.
B. The Developer shall be responsible for maintaining regular watering, fertilizing, and
over-seeding necessary to establish final lawns and yards as identified in the
approved Plans for outlots, public rights-of-way, and any disturbed areas outside
the Subdivision boundaries according to a landscape maintenance plan approved
by the City. The Developer agrees to achieve “substantial performance” on all
seeded or sodded lawns and yards disturbed during the construction of Subdivision
Improvements. For the purpose of this agreement “substantial performance” shall
be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf
areas with an average blade height of three (3) inches free of eroded, bare, or
dead spots and free from perennial weeds or unwanted grasses with no visible
surface soil.” For areas seeded with a native grass or flower mix “substantial
performance” shall be defined as “square foot native grass or flower areas with an
average height of eight (8) inches free of eroded, bare, or dead spots and no
visible surface soil.”
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C. The Developer shall follow the City of Lake Elmo “Bee Safe” policy for pesticide
use as per City Council Resolution # 2015-13.
20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees
to install street signs, traffic and parking signs, and pavement markings within the Subdivision
all in accordance with the approved Plans and the City Engineering Design Standards Manual.
Street and traffic sign details shall be submitted by the Developer to the City for approval prior to
installation. In addition, the Developer shall be responsible for the cost and all coordination
work to extend private utilities along with street lighting within the Subdivision all in accordance
with the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Agreement, the Subdivision Improvements lying within public easements shall
become City property. Prior to acceptance of the public Subdivision Improvements by the City,
the Developer must furnish the City with a complete set of reproducible "record" plans and 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
Agreement. 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 that the public Subdivision
Improvements have been completed in accordance with the terms of this Agreement, the City
Engineer will accept the completed public Subdivision Improvements.
22. PARK DEDICATION. The Developer shall be required to dedicate 9.84 acres of land
for public park purposes for the entire subdivision. The Developer was required to dedicate 3.99
acres with the Easton Village 1st Addition. Future phases shall either dedicate the remaining
5.85 acres park land or pay a cash payment in lieu of land dedication consistent with the Lake
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Elmo Subdivision Ordinance. The developer shall provide a security in the form of a Letter of
Credit in the amount of $10,854 which represents fee in lieu of park dedication for the 5.2 acre
final plat to be released by the City when the required 5.85 acres of parkland is dedicated to the
City with future phases. .
23. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the
payment of the Village Area Alternative Urban Areawide Review (AUAR) fee as adopted
by the City Council with respect to the environmental review completed by the City. The
Village Area Alternative Urban Areawide Review (AUAR) fee in the amount of $230.00
per REC shall be paid by the Developer prior to the City recording the final plat. The total
amount to be paid by the Developer is $4,370.00
24. 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 Subdivision
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 REC shall be paid
by the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is $57,000.00.
The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid
by the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is $57,000.00.
In addition, a sewer connection charge in the amount of $1,000.00 per REC, a
Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water
connection charge in the amount of $1,000.00 per REC will be payable by the Developer and
collected by the City at the time the building permit is issued for each lot.
25. STREET LIGHTS. The Developer is responsible for the cost of street light installation
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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 seven (8) decorative lights at $6000 each, a
Developer shall also pay the City $1032 to reimburse the City for the first year operating costs
for the street lights.
26. WETLAND MITIGATION. The Developer shall complete wetland
mitigation/restoration in accordance with the approved Plans 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 to perform the work if the Developer fails to take corrective measures after
being provided reasonable notice by the City.
27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. No building permit shall be issued for any lot within the Subdivision, or within a
completed phase of the Subdivision in a City preapproved phasing plan, until such
time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt has
been installed and tested for all public streets; sidewalks have been installed;
street and traffic control signs are installed; property monuments have been
installed and grading as-built plans have been submitted and approved by the City.
A “preapproved phasing plan” is defined as a phased construction plan that has
been submitted by the Developer and approved by the City in advance of the
preconstruction meeting for the Subdivision. Once the construction has started, the
City will not consider revisions to the phasing plan for the purpose of issuing
building permits.
B. Issuance of a single building permit for a “model home” may be authorized by the
City Planning Director prior to the completion of the Subdivision Improvements
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described in paragraph 27 (A) above, if there is safe public access to the lot that is
sufficient to allow construction to proceed and there is a grading as-built plan
approved by the City for the lot and all downstream storm water drainage facilities.
However, the City will not issue a certificate of occupancy for any “model home”
until all conditions identified in paragraph 27 (A) above have been completed. The
Developer shall use the model home only for real estate sales purposes and no
other purposes.
C. 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 Planning Department.
D. Breach of the terms of this Agreement by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of
occupancy, and withholding of other permits, inspection or actions and the halting
of all work in the Subdivision.
E. If building permits are issued prior to the acceptance of the public Subdivision
Improvements by the City, the Developer assumes all liability and costs resulting in
delays in completion of public Subdivision Improvements and damage to public
Subdivision Improvements caused by the City, Developer, the Developer’s
contractors, subcontractors, materialmen, employees, agents, or any 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.
28. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that
work required by this Agreement has been performed and the amounts due to
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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 Security 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 letter of credit deposited with the District Court,
except that the Court shall retain jurisdiction to determine attorneys' fees pursuant
to this Agreement.
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 Subdivision, including but
not limited to legal, planning, engineering, and inspection expenses incurred in
connection with the City’s approval and acceptance of the plat and the Subdivision,
the preparation of this Agreement, the City’s review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Subdivision. All amounts incurred and due to the
City at the time of the recording of the final plat must be fully paid by the Developer
prior to the City executing and releasing the final plat for recording.
C. The Developer shall hold the City and its officials, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs
incurred resulting from the City’s approval of the plat and the development of the
Subdivision. The Developer shall indemnify the City and its officials, 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
Agreement, including reasonable engineering and attorneys' fees.
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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 Agreement. 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 Property, or any portion of
it.
The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be
assessed a late fee per the City adopted fee schedule. Upon request, the City will provide
copies of detailed invoices of the work performed by the City and its consultants.
29. RAILROAD CROSSING IMPROVEMENTS. The Developer shall be required to pay
for a portion of the costs to secure, build and install a public rail crossing at the location shown
in Exhibit B to specifications required by the City, the Minnesota Department of Transportation,
the Union Pacific Rail Road and any other regulatory agency having jurisdiction over the
crossing and the track in accordance with the specifications of the City of Lake Elmo. The
Developer’s portion of these costs shall be calculated based on the percentage of the overall
number of Residential Equivalency Connection (REC) units planned for developments that will
directly access the Village Parkway minor collector road between Washington County Highway
14 and 30th Street divided by the estimated overall project costs. The City will request that all
future development projects connecting directly to Village Parkway contribute towards said
crossing improvement. The Developer shall provide all property in fee and/or easements as
required by the City necessary to establish the railroad crossing. The Developer paid $63,000
out of the estimated $193,000 to the City for its share of the estimated cost railroad crossing
improvements with the final plat of Easton Village 1st Addition.
A. The amount of the cash payment for Easton Village 2nd Addition shall be
$16,791 which was calculated as follows: $193,000 (Easton Village’s share of
the estimated project costs multiplied by 8.7% (19 Lots / 217 Lots in all phases)
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= $16,791. In addition, the Developer shall pay the amount remaining due from
Easton Village 1st Addition, $111, which should have been calculated as:
$193,000 (Easton Village’s share of the estimated project costs multiplied by
32.7% (71 Lots / 217 Lots in all phases) = $63,111, less the $63,000 previously
paid. The total payment shall be $16,902 to fulfill the requirements for phase 1
and phase 2.
B. The calculation for future railroad crossing costs has been determined as
follows:
Parcel ID(s) Percentage Total Costs
Easton Village
13.029.21.14.0002
13.029.21.42.0001
13.029.21.41.0001
13.029.21.13.0001
38.6%
$193,000
13.029.21.43.0004
13.029.21.44.0002
17.8% $89,000
13.029.21.12.0001
13.029.21.14.0002
30.2% $151,000
13.029.21.24.0001 13.4% $67,000
Totals 100% $500,000
C. If the construction amount of the railroad crossing installation exceeds
$500,000, the additional cost shall be allocated proportionally to the parcels listed above upon
consent of all property owners and the City. The City may participate in the additional costs of
construction of the railroad crossing if it is deemed to be necessary as a matter of public
safety.
30. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
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A. Implementation of the recommendations listed in the April 12, 2017, Engineering
memorandum.
B. The Developer shall install a temporary turnaround on the north end of Linden
Avenue N and the north end of the Village Parkway until it is extended to the north
with the future phase of the Easton Village development.
C. The Developer must obtain a sign permit from the City Building Official prior to
installation of any subdivision identification signs.
D. The Developer shall enter into a Landscape License Agreement with the City that
clarifies the individuals or entities responsible for maintenance of any landscaping
installed in areas outside of land dedicated as public park and open space on the
final plat.
E. The Village Parkway shall be constructed complying with the Village Parkway
Typical Section and Village Parkway Collector Design Guidelines as modified with
the approval of the Easton Village 2nd Addition Final Plat.
31. MISCELLANEOUS.
A. The Developer may not assign this Agreement without the written permission of the
City Council. The Developer's obligations hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire Property, or any
portion of it.
B. Retaining walls that require a building permit shall be constructed in accordance
with plans and specifications prepared by a professional 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. All retaining walls identified
on the Plans or by special conditions referred to in this Agreement shall be
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constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
C. Legal documents regarding homeowner association documents, covenants, and
restrictions shall be submitted to the City prior to recording of the final plat for
review and approval by the City Attorney.
D. The 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 Subdivision
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 $1,500,000 for each occurrence; limits for property damage shall be not less
than $200,000 for each occurrence; or a combination single limit policy of
$1,500,000 or more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate of insurance
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 Agreement.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in
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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 Agreement
shall not be a waiver or release.
H. This Agreement shall run with the land and may be recorded against the title to the
Property at the Developer’s expense. The Developer covenants with the City, its
successors and assigns, that the Developer has fee title to the Property being final
platted and has obtained consents to this Agreement, in the form attached hereto,
from all parties who have an interest in the Property, including, but not limited to,
mortgagees; 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 Subdivision and the Subdivision
Improvements comply or will comply 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
Subdivision is not in compliance, the City may, at its option, refuse to allow
construction or development work in the Subdivision until it is brought into
compliance. Upon the City’s demand, the Developer shall cease work until there is
compliance.
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32. 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 the Developer to commence and
complete construction of the public Subdivision Improvements pursuant to the
terms, conditions and limitations of this Agreement.
B. Failure by the Developer to substantially observe or perform any material
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement.
33. 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 the Developer, deemed adequate by the City, that Developer will
cure its default and continue its 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 the Developer, or
immediately draw on the Security, as set forth in this Agreement.
34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. In the event of a
default by the Developer as to construction or repair of any of the Subdivision Improvements or
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any other work or undertaking required by this Agreement, the City may, at its option, perform
the work and the Developer shall promptly reimburse the City for any expense incurred by the
City. This Agreement is a license for the City to act, and it shall not be necessary for the City to
seek an order from any court for permission to enter the Subdivision for such purposes. If the
City does such work, the City may, in addition to its other remedies, levy special assessments
against the land within the Subdivision to recover the costs thereof. For this purpose, the
Developer, for itself and its successors and assigns, expressly waives any and all procedural
and substantive objections to the special assessments, including, but not limited to, hearing
requirements, and any claim that the assessments exceed the benefit to the land so assessed.
The Developer, for itself and its successors and assigns, also waives any appeal rights
otherwise available pursuant to Minnesota Statutes Section 429.081.
The Developer also acknowledges that its failure to perform any or all of the Developer’s
obligations under this Agreement may result in substantial damages to the City; that in the event
of default by the Developer, 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.
35. WARRANTY. During the warranty period, the Developer warrants that all Subdivision
Improvements will be free from defects and that they will continue to meet all technical
specifications and standards. During the warranty period, the Developer agrees to repair or
replace any Subdivision Improvement, or any portion or element thereof, which shows signs of
failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective
Subdivision Improvement during the warranty period, the City may repair or replace the
defective portion and may use the Security to reimburse itself for such costs. The Developer
agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or
24
replacement if the cost thereof exceeds the remaining amount of the Security. Such
reimbursement must be made within 45 days of the date upon which the City notifies the
Developer of the cost due under this paragraph. The Developer hereby agrees to permit the
City to specially assess any unreimbursed costs against any lots in the Subdivision which have
not been sold to home buyers if the Developer fails to make required payments to the City. The
Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the
lots within the Subdivision of the repair or replacement of the Subdivision Improvements and
hereby consents to such assessment and waives the right to a hearing or notice of hearing or
any appeal thereon under Minnesota Statutes, Chapter 429.
A. The required warranty period for all work relating to the public sewer and water
shall be two (2) years from the date of final written City acceptance 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 of the work.
C. The required warranty period for sod, trees, and landscaping is two (2) years from
the date of final written City acceptance of the installation.
36. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Agreement, payment of special assessments, payment of the costs of all public
Subdivision Improvements, and construction of all public Subdivision Improvements, the
Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a
combination of a cash escrow and letter of credit (the “Security") in the amount of $702,776. The
bank originating the letter of credit shall be determined by the City to be solvent and
creditworthy. The letter of credit shall substantially be in the form attached to this Agreement
and must be approved by the City. The amount of the Security was calculated as itemized on
Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit
25
no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City
shall notify the Developer and the Developer shall provide to the City within 45 days a substitute
for the letter of credit from another bank meeting the City’s requirements. If the Developer fails
to provide the City within 45 days with a substitute letter of credit from an issuing bank
satisfactory to the City, the City may draw under the existing letter of credit.
This breakdown is for historical reference; it is not a restriction on the use of the
Security. The City may draw down the Security, without notice, for any violation of the terms of
this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the
required public Subdivision 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 by the City to cure the default.
37. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt
of proof satisfactory to the City Engineer that work has been completed in accordance with the
approved Plans and the terms of this Agreement and that all financial obligations to the City
have been satisfied, the City Engineer may approve reductions in the Security in the following
instances:
A. Upon completion of grading operations, including temporary site restoration. The
Developer must 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 by the City, one hundred (100) percent, or $47,858,
of the Security associated with grading may be released. This Security reduction
does not include amounts related to erosion and sedimentation control.
B. Up to 75 percent of the Security associated with the itemization on Exhibit C may
be released upon completion of the following key milestones of the project as
determined by the City Engineer:
26
1. Construction Categories 2 and 3: The amount of $107,928 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.
2. Construction Categories 4 and 5: The amount of $263,651 may be released
when all streets, sidewalks, 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.
3. Construction Categories 6-10 and 14-17: The amount of $76,477 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) 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
Subdivision Improvements are accepted by the City Engineer and the City
Council.
4. Construction Categories 11, 12 and 13: The amount of $43,133 may be
released when landscaping Subdivision Improvements have been installed to
the satisfaction of the City Landscape Architect including all corrective work
for any identified punch list items.
C. Twenty-five (25) percent of the original Security amount, excluding grading and
landscaping improvements shall be retained until: (1) all Subdivision
27
Improvements have been fully completed and accepted by the City, including all
corrective work and warranty punch list items; (2) all financial obligations to the
City have been satisfied; and (3) the warranty period has expired.
D. Twenty-five percent (25%) of the original Security amount associated with
landscaping shall be retained by the City until: (1) all landscaping Subdivision
Improvements have been fully completed and accepted by the City, including all
corrective work and warranty punch list items being completed by the Developer;
(2) all financial obligations to the City have been satisfied; and (3) the warranty
period has expired.
E. In addition to the above project milestone based Security reductions, the
Developer may submit a written request and upon receipt of proof satisfactory to
the City Engineer that work is progressing in accordance with the approved Plans
and the 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 (50)
percent of the initial Security amount.
F. It is the intent of the parties that the City at all times have available to it Security
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 Security shall be evaluated by the City in light of that
principle.
38. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Agreement which must be paid to the City prior to recording the final
plat:
28
Sewer Availability Charge (SAC): $57,000 Water Availability Charge (WAC): $57,000
Park Dedication (Letter of Credit in amount of $10,584): N/A AUAR Fee: $4,370 Railroad Crossing Improvement Contribution: $16,902 Special Assessments Due: $0 Street Light Operating Fee: $1032 City Base Map Upgrading ($25.00 per REU): $475
City Engineering Administration Escrow: $50,000 TOTAL CASH REQUIREMENTS: $186,779
39. 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: 2140 County Rd 42 W, Burnsville, MN 55337. 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.
40. 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 insurance policy dated not
earlier than thirty (30) days prior to the execution of the plat.
41. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws,
ordinances, regulations, and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of the Minnesota.
42. SEVERABILITY. In the event that any provision of this Agreement shall be held
invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall
pertain only to such section and shall not invalidate or render unenforceable any other provision
of this Agreement.
43. NON-WAIVER. Each right, power, or remedy conferred upon the City by this
Agreement is cumulative and in addition to every other right, power or remedy, express or
implied, now or hereafter arising, or available to the City at law or in equity, or under any other
29
agreement. 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. If either party waives in writing any default or nonperformance by the other
party, such waiver shall be deemed to apply only to such event and shall not waive any other
prior or subsequent default.
44. COUNTERPARTS. This Agreement may be executed simultaneously in any number
of counterparts, each of which shall be an original and shall constitute one and the same
Agreement.
30
CITY OF LAKE ELMO By: ____________ __________________ Its: Mayor By: __________________ _____________ Its: City Clerk
STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2017, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, 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
31
Easton Village, LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________, 2017, by _______________________, the _______________________of ____________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
32
FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT
, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Agreement, 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 , 2017.
STATE OF MINNESOTA ) ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2017.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
33
MORTGAGE CONSENT TO DEVELOPMENT AGREEMENT
, which holds a mortgage on the Property, the development of which is governed by the foregoing Development
Agreement, agrees that the Development Agreement shall remain in full force and effect even if it forecloses on its mortgage.
Dated this day of , 2017.
STATE OF MINNESOTA ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________, 20017, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
34
CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT
, which/who has a contract purchaser's interest in all or part of the Property, the development of which is governed by the foregoing Development Agreement, 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 Property in which there is a contract purchaser's interest. Dated this ___ day of ________________, 2017.
STATE OF MINNESOTA )
) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________, 2017, by ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
A-1
EXHIBIT A TO DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
Outlot F, Easton Village, Washington County, Minnesota
B-1
EXHIBIT B TO DEVELOPMENT CONTRACT
List of Plan Documents The following documents prepared by Erickson Civil, and Pioneer Engineering, collectively constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE
C1 Title Sheet
C2 Existing Conditions
C3 Grading Standard Plan Notes
C4-C5 Erosion Control and Site Restoration Plan
C6-C7 Grading Plan
C8
Site Layout, Lighting and Signing Plan
C9-C11 Street Plan and Profile
C12-C14
Sanitary Sewer & Watermain Plan & Profile
C15 Details
C16-C22 City Standard Detail Plates
L1 Landscape Plan
L2 Landscape Plan Details
C-1
EXHIBIT C TO DEVELOPMENT CONTRACT
Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125% 1 Grading $ 38,286 $ 47,858
2 Sanitary Sewer $ 54,276 $ 67,845
3 Watermain $ 60,848 $ 76,059
4 Storm Sewer (includes pond structures
and outfall pipes) $ 54,920 $ 68,650
5 Streets and Sidewalks $ 226,308 $ 282,885
6 Trails $ 12,570 $ 15,713
7 Surface Water Facilities (ponds, infiltration basins, other BMPs) $ - $ -
8 Street Lighting $ 48,000 $ 60,000
9 Street and Traffic Signs $ 700 $ 875
10 Private Utilities (electricity, natural gas, telephone, and cable) $ -
11 Landscaping Improvements $ 46,008 $ 57,510
12 Tree Preservation and Restoration $ -
13 Wetland Mitigation and Buffers $ -
14 Monuments $ 1,900 $ 2,375
15 Erosion and Sedimentation Control $ 15,406 $ 19,257
16 Miscellaneous Facilities $ -
17 Developer’s Record Drawings $ 3,000 $ 3,750
TOTALS $ 562,221 $ 702,776
FORM OF 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 ______________, 20___, 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, 20___. 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
STAFF REPORT
DATE: June 6, 2017
CONSENT
ITEM #: 13
TO: City Council
FROM: Greg Malmquist, Fire Chief
AGENDA ITEM: Approval of “CUSTOMIZED TRAINING INCOME CONTRACT” With
Hennepin Technical College.
REVIEWED BY: Kristina Handt, City Administrator Rob Weldon , Public Works Director
BACKGROUND: This is a joint training venture between Public Works and the Fire Deparment, to train personnel in the areas of Confined Space Awareness and Confined Space Entry, with the Fire Department also completing Confined Space Rescue. Both departments will
be trained to meet the OSHA requirements for their discipline. This training will allow Public Works employees to enter confined space, such as man holes to perform their duties. It will also give the fire department the proper training to rescue any personnel, (public works or an outside contractor) in a confined space environement, such as a
man hole. ISSUE BEFORE COUNCIL: Approval of “CUSTOMIZED TRAINING INCOME CONTRACT” WITH Hennepin Technical College, to allow for the Public Works and Fire Department to proceed with the training.
PROPOSAL DETAILS/ANALYSIS: Rob Weldon and Chief Malmquist had met previously to disscuss the training and work out the details. Mike Cornell, who is employed on both departments and is the FD Training Officer as well, was also involved in the planning. The
contract has been reviewed by all three and is per our understanding and agreement.
FISCAL IMPACT: Cost of Instruction: 1) is four hundred fifty dollars ($450.00) per class for two (2) classes; 2) is one thousand seven hundred dollars ($1,700.00) and 3) is one thousand four hundred dollars ($1,400.00) for a total of four thousand dollars ($4,000.00).
OPTIONS: If MBFTE funding is available, MBFTE will be billed in part or in full depending on funding. PURCHASER is responsible for any amount not covered by MBFTE. RECOMMENDATION: Approve agreement.
ATTACHMENTS: Copy of agreement.
Contract #18013 Page 1 of 3
OGC Revised May 18, 2016 Our Training Means Businesssm
Hennepin Technical College is an affirmative action, equal opportunity educator and employer
STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES HENNEPIN TECHNICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT Contract #18013 Revised: May 25, 2017 THIS CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of between Hennepin Technical College (hereinafter “MnSCU”) located at 13100 College View Drive, Eden Prairie, MN 55347, and Lake Elmo Fire Department, Attn: Greg Malmquist located at 3510 LaVerne Avenue North, Lake Elmo, MN 55042 (hereinafter “PURCHASER”) agree as follows; 1. DUTIES OF MnSCU. MnSCU agrees to provide the following: a. Title of Instruction: 1) Confined Space Awareness; 2) Confined Space Entry and 3) Confined Space Rescue
b. Date (s) of Instruction: 1) on July 10, 2017 from 7:00 p.m. to 10:00 p.m. and July 17, 2017 from 7:00 a.m. to 10:00 a.m.; 2) on July 24, 2017 from 7:00 a.m. to 3:00 p.m. and 3) on July 17 and 24, 2017 from 7:00 p.m. to 10:00 p.m.
c. Name of Instructor: John Lindstrom
d. Location: 1) at Lake Elmo Fire Department and 2) and 3) at East Metro Training Facility
e. Other: any confined space equipment the PURCHASER does not have in their inventory.
2. DUTIES OF THE PURCHASER. The PURCHASER agrees to: a. provide a roster of participants, with an estimate of twenty-five (25) for both class 1s) and for class 2) and an estimate of eight (8) for class 3). Email to Dan.Roeglin@hennepintech.edu at least three (3) business days prior to each class date. b. provide LCD projector, overhead projector and screen, c. provide confined space equipment. d. make all contacts for training and services through MnSCU and will not employ the presenter/instructor directly for additional sessions. 3. SITE OF INSTRUCTION.
PURCHASER shall make all of the arrangements, including any payment, for the location to be used for the training. 4. CONSIDERATION AND TERMS OF PAYMENT. a. Cost of Instruction: 1) is four hundred fifty dollars ($450.00) per class for two (2) classes; 2) is one thousand seven hundred dollars ($1,700.00) and 3) is one thousand four hundred dollars ($1,400.00)
Contract #18013 Page 2 of 3 OGC Revised May 18, 2016
for a total of four thousand dollars ($4,000.00). . If MBFTE funding is available, MBFTE will be billed in part or in full depending on funding. PURCHASER is responsible for any amount not covered by MBFTE.
Notwithstanding the thirty (30) day notice period established in paragraph 7, in the event that the PURCHASER desires to cancel or reschedule the instruction due to low enrollment, PURCHASER shall give at least five (5) days notice in writing to MnSCU’S authorized agent to cancel or reschedule. If the instruction is cancelled as provided herein, MnSCU shall be entitled to payment calculated according to paragraph 7. If the instruction is rescheduled as provided herein, payment shall be according to this paragraph 4.
b. Terms of payment. MnSCU will send an invoice for the instruction performed. The PURCHASER will pay within thirty (30) days of receiving the invoice. Please submit payment to: Hennepin Technical
College, Attn: Business Office, 13100 College View Drive, Eden Prairie, MN 55347 5. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT.
a. PURCHASER’S AUTHORIZED AGENTS: Name: Greg Malmquist Title: Fire Chief Address: 3510 LaVerne Avenue North, Lake Elmo, MN 55042 Phone: 651-770-5006 Fax: E-Mail: greg.malmquist@lakeelmo.org b. MnSCU’S AUTHORIZED AGENT: Pauline Arnst, Director of Customized Training Services. MnSCU’S CONTACT PERSON: Name: Dan Roeglin Phone: 952-995-1310 Fax: 952-995-1331 E-Mail: Dan.Roeglin@hennepintech.edu 6. TERM OF CONTRACT. This contract is effective on 7/10/2017 or upon the date the final required
signature is obtained by MnSCU, whichever occurs later, and shall remain in effect until 7/24/2017 or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. The PURCHASER understands that no work should begin under this contract until all required signatures have
been obtained.
7. CANCELLATION. This contract may be cancelled by the PURCHASER or MnSCU at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, MnSCU shall be entitled to payment, determined on a pro rata basis, for work or Instruction/Activity/Service satisfactorily performed.
8. ASSIGNMENT. Neither the PURCHASER nor MnSCU shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party.
9. LIABILITY. The PURCHASER shall indemnify, save, and hold MnSCU, its representatives and employees harmless from any and all claims or causes of action, including all attorney’s fees incurred by MnSCU, arising from the performance of this contract by the PURCHASER or PURCHASER’S agents or
employees. This clause shall not be construed to bar any legal remedies the PURCHASER may have for MnSCU’S failure to fulfill its obligations pursuant to this contract. 10. AMERICANS WITH DISABILITIES ACT COMPLIANCE (hereinafter “ADA). The PURCHASER agrees that in fulfilling the duties of this contract, the PURCHASER is responsible for complying with the
Contract #18013 Page 3 of 3 OGC Revised May 18, 2016
applicable provisions of the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq. and regulations promulgated pursuant to it. MnSCU IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services or other areas covered by the ADA. 11. GOVERNMENT DATA PRACTICES ACT. The requirements of Minnesota Statutes § 13.05, subd. 11 apply to this contract. The PURCHASER and MnSCU must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by MnSCU in accordance with this contract, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the PURCHASER in accordance with this contract. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the PURCHASER or MnSCU. In the event the PURCHASER receives a request to release the data referred to in this clause, the
PURCHASER must immediately notify MnSCU. MnSCU will give the PURCHASER instructions concerning the release of the data to the requesting party before the data is released.
12. RIGHTS IN ORIGINAL MATERIALS. MnSCU shall own all rights, including all intellectual property rights, in all original materials, including any curriculum materials, inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules,
electronically or magnetically recorded materials, and other work in whatever form, developed by MnSCU and its employees individually or jointly with others or any subcontractor in the performance of its obligations under this contract. This provision shall not apply to the following materials: N/A 13. JURSIDICTION AND VENUE. This contract, and amendments and supplements thereto, shall be governed
by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this contract, or the
breach thereof, shall be located only in the state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
14. OTHER PROVISIONS. (Attach additional page(s) if necessary): None. IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound
thereby. APPROVED:
1. MINNESOTA STATE COLLEGES AND UNIVERSITIES HENNEPIN TECHNICAL COLLEGE By: (authorized signature) Title: Director of Customized Training Services Date: 2. LAKE ELMO FIRE DEPARTMENT PURCHASER certifies that the appropriate person(s) have executed this contract on behalf of the PURCHASER as required by applicable articles, by-laws, resolutions or ordinances. By: By: (authorized signature) (authorized signature) Title: Title: Date: Date:
STAFF REPORT
DATE: 6/6/17
REGULAR
ITEM #: 14
MOTION
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Hammes Estates 1st Addition Drainage and Utility Easement Vacation
REVIEWED BY: Jack Griffin, City Engineer
BACKGROUND: Rachel Development is requesting the vacation of a drainage and utility easement over Outlot E, Hammes Estates 1st Addition in order to record the final plat of Hammes Estates 2nd Addition. The City Council approved Hammes Estates 2nd Addition Final Plat on January 3, 2017 and an
extension on March 7, 2017. The developer is making preparations for recording the final plat and the easement vacation is needed to move forward. Because of the need to record the final plat for spring construction, the easement vacation public hearing has been scheduled at the City Council on tonight’s agenda.
ISSUE BEFORE COUNCIL: The City Council is respectfully being requested to hold a public hearing and to approve
Resolution 2017-050 removing the drainage and utility easement over Outlot E, Hammes Estates
1st Addition.
PROPOSAL DETAILS/ANALYSIS: The drainage and utility easement was placed over Outlot E during the phase 1 final plat in order for the City to have control and access of drainage in the outlot. Outlot E will be developed into Hammes 2nd Addition and new easments will be put into place over planned drainage ways,
ponds, infiltration basins and along property lines as is customary. Staff has reviewed the proposed easement vacation and recommends approval.
The public hearing was advertised in the newspaper and property owners within 350 feet of the easement were mailed notices of this hearing as required.
Easement vacations require a 4/5 vote of the City Council.
FISCAL IMPACT:
None.
City Council Meeting
June 6, 2017 Regular Agenda item #14
Page 2
OPTIONS: The Council can approve or deny the easement vacation, however denial would limit the developer from being able to record the final plat of Hammes Estates 2nd Addition previously approved by the Council.
RECOMMENDATION: Staff recommends the City Council approve Resolution 2017-050 vacating the drainage and utility
easement over Outlot E, Hammes Estates 1st Addition with the following motion: Move to approve Resolution 2017-050 vacating the drainage and utility easement over Outlot E, Hammes Estates 1st Addition ATTACHMENTS:
• Easement Exhibit
• Resolution 2017-050
Phone (952) 937-5150 7699 Anagram DriveFax(952) 937-5822 Eden Prairie, MN 55344Toll Free (888) 937-5150
STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO
RESOLUTION NO. 2017-050
A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT OVER OUTLOT E, HAMMES ESTATES 1ST ADDITION
THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Lake Elmo approved the final plat of Hammes Estates 1st Addition on October 7, 2014 with blanket drainage and utility easements over Outlot E; and WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute
§412.851 to vacate the existing drainage and utility easements on Outlot E, Hammes Estates 1st Addition; and WHEREAS, the City of Lake Elmo had received a request for the Final Plat of Hammes Estates 2nd Addition from Rachel Development, replatting Outlot E, Hammes Estates 1st
Addition into a residential development; and
WHEREAS, the City Council approved the Final Plat of Hammes Estates 2nd Addition on January 3,2017 with new drainage and utility easements as required of the development; and
WHEREAS, a public hearing to consider the vacation of the drainage and utility easement was held on the May 16, 2017 at the City Council in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all property owners within 350 feet of Outlot E, Hammes Estates 1st Addition by the City Clerk and all interested and affected persons
were given an opportunity to voice their concerns and be heard; and
WHEREAS, the Council in its discretion has determined that the vacation will benefit the public interest because:
1) The proposed replat of Outlot E, Hammes Estates 1st Addition into Hammes Estates 2nd Addition complies with all applicable zoning and subdivision regulations. 2) The dedication of a new easements will be provided with the recording of Hammes Estates 2nd Addition to provide the same function as the one being vacated with no
negative impact to the public.
Resolution2017-050 Page 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for vacation of an existing drainage and utility easement is hereby granted in accordance with the property descriptions provided above.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to
sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 6th day of June, 2017.
Effective Date:_______________________
Approved:
________________________________ Mike Pearson, Mayor
Attested by: ________________________________
Julie Johnson, City Administrator
STAFF REPORT
DATE: June 6, 2017
REGULAR
ITEM #: 15
AGENDA ITEM: MS4 Permit Program – Public Meeting and Accept the 2016 Annual Report
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Ryan Stempski, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the Annual Report for the MS4 Permit Program?
BACKGROUND: The MS4 General Permit is mandated by the federal regulations under the Clean Water Act and administered by the Minnesota Pollution Control Agency. A municipal separate storm
sewer system (MS4) is a conveyance or system of conveyances (roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains) owned by a municipality. The MS4 program gives owners or operators of MS4’s approval to discharge storm water to
lakes, rivers and wetlands in Minnesota. The MS4 General Permit focuses on reducing the pollution that enters these public systems and discharges to wetlands, streams and lakes (“waters of the state”). By federal rule, storm water systems in urban areas are labeled Mandatory MS4s. The City of Lake Elmo is a Mandatory MS4 City. As a MS4 City, Lake Elmo was required to obtain and comply with a National Pollutant Discharge and Elimination System (NPDES) storm water permit. To meet these requirements the City prepared and implemented a five year Storm Water Pollution Prevention Program (SWPPP) beginning in 2006 and extending through 2010. The MPCA reissued a new five year program effective August 1, 2013 that extends to July 31, 2018.
The SWPPP specifies and outlines a series of best management practices intended to satisfy the permit requirements for each of the six minimum control measures. The six minimum control measures are:
1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination
4. Construction Site Storm Water Controls 5. Post-Construction Storm Water Management for development and redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations PROPOSAL DETAILS/ANALYSIS: As part of the on-going permit requirements as a mandatory MS4 City, Staff has prepared the 2016 MS4 Annual Report and will present a summary report to the City Council and general public. The City must hold an Annual Public Meeting to encourage public discussion and participation regarding its storm water quality and steps it is taking to address the MS4 Permit requirements. Notice of this meeting was posted at City Hall and published in the Oakdale-Lake
Elmo Review on May 3, 2017 (see attachment). Public input received will be considered for updating the
City’s Storm Water Pollution Prevention Program (SWPPP) and the meeting minutes will be incorporated into the City’s final report. The 2016 MS4 Annual Report must be submitted to the MPCA by June 30, 2017. A copy of the City’s Storm Water Pollution Prevention Program (SWPPP) is available on the City
website. RECOMMENDATION: Staff is recommending that the City Council conduct the Annual Public
Meeting required by the MS4 Permit and receive public input and comments. After receiving a staff
presentation and public comment, it is recommended that the City Council accept the MS4 Annual Report
for 2016 and authorize staff to submit this report to the MPCA by June 30, 2017. The recommended
motion for the action is as follows:
“Move to accept the MS4 Annual Report for 2016 and authorize staff to submit the Report to the
MPCA.”
ATTACHMENTS: 1. Notice of MS4 Annual Public Meeting.
2. EMWREP Annual Report – Executive Summary (full report available upon request). 3. City of Lake Elmo 2016 MS4 Annual Report.
CITY OF LAKE ELMO
NOTICE OF ANNUAL PUBLIC MEETING
ON THE CITY STORM WATER POLLUTION PREVENTION PROGRAM
Notice is hereby given that the City Council of Lake Elmo will meet at City Hall at 7:00 p.m. on Tuesday,
June 6, 2017, to conduct a public meeting to encourage public discussion and participation regarding its
storm water quality and Storm Water Pollution Prevention Program (SWPPP).
A 1987 Amendment to the Federal Clean Water Act required implementation of a two-phase
comprehensive national program to reduce pollution from storm water runoff. A National Pollutant
Discharge Elimination System (NPDES) permit from the Minnesota Pollution Control Agency (MPCA) is
required as part of this program. The permit identifies a number of measures that must be met or
implemented by each community. The six minimum measures are:
• Public Education and Outreach
• Public Involvement and Participation
• Illicit Discharge Detection and Elimination
• Construction Site Storm Water Controls
• Post-Construction Storm Water Management for development and redevelopment
• Pollution Prevention/Good Housekeeping for Municipal Operations
The City’s Storm Water Pollution Prevention Program specifies best management practices intended to
satisfy the permit requirements for each of the minimum measures. As part of this program, the City is
required to hold an annual meeting to encourage public discussion and participation regarding its storm
water quality and steps it is taking to address the six minimum control measures. A copy of the SWPPP is
available on the City website or by contacting the City Engineer. An annual report will be submitted to the
MPCA in June 2017. The minutes of the annual public meeting will be incorporated into the City’s annual
report.
The meeting will be held as part of the regular City Council Meeting at City Hall. The agenda for this
meeting will include:
1) A Presentation about implementation of the City's Surface Water Pollution
Prevention Program in 2016,
2) Affording interested persons the opportunity to make oral statements concerning the
Storm Water Pollution Prevention Program,
3) Consideration of relevant written materials that interested persons submit
concerning the Storm Water Pollution Prevention Program; and,
4) Consideration of public input in making adjustments to the 2017 implementation plan
for the Storm Water Pollution Prevention Program.
DATED: April 27, 2017
BY ORDER OF THE LAKE ELMO CITY CLERK
Julie Johnson, City Clerk
(Published in the Oakdale-Lake Elmo Review on May 3, 2017)
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2016 Executive Summary General Education Campaign: During 2016, EMWREP used a variety of strategies to promote partner programs and activities, and to educate the public about stormwater pollution and other issues affecting surface and groundwater resources. EMWREP contributed 54 press releases and news columns to 18 area newspapers, in addition to producing educational content for city newsletters, social media, and on-line news sites. EMWREP staff attended more than 30
community events and participated in the planning and program development for several regional water education initiatives. Though the impact of these larger public education and awareness raising efforts is often
hard to measure directly, we know they greatly improve the success of our targeted outreach activities and are usually the initial gateway through which people learn about partner organizations and get involved at a higher level.
In 2016, EMWREP also conducted the following special education projects:
• Education for Homeowners’ Associations (HOAs):
o Provided outreach support for the Green Communities Clean Water grant. During 2016, projects were completed at Evergreen Country Homes and Lakeridge Townhomes in Woodbury (RWMWD). Projects at Heritage Glen
and Powers Lake Townhomes (Woodbury, SWWD) and Lakeview Terrace (Oakdale, RWMWD) will be completed in 2017. o Presented about the project at the St. Croix Summit.
o Created a guidebook with guidelines for working with HOAs on clean water and landscaping projects.
• Education about groundwater and water conservation
o Developed a water conservation education campaign for Century College. o Created two new tabletop displays about water conservation and
groundwater. o Staged a “Water Bar” at the Washington County Fair.
• Worked to build relationships with lake associations in the East Metro
o Hosted meetings in the spring and fall to discuss strategies for controlling aquatic invasive species (AIS).
o Developed a monthly e-newsletter to provide information for lake association members in Chisago, Ramsey, and Washington Counties.
• Helped Watershed Partners (WSP) to launch a new metro-wide water education initiative o New website – www.cleanwatermn.org – features stories of Minnesotans
taking action to protect their local water resources. An innovative tracking component was developed to help partners measure the individual and collective impact of the campaign.
o WSP has continued to bring in speakers and offer workshops to help partners improve the effectiveness of their education and outreach efforts.
• Connected with new audiences through neighborhood nature events:
o Family-friendly events were help in Stillwater (BCWD and CMSCWD), Cottage Grove (SWWD), Woodbury (SWWD), Maplewood (RWMWD),
and Forest Lake (CLFLWD).
• Supported water education for area youth.
• Participated in the NAVIGATE St. Croix Program, which is a locally-led effort to enhance art, nature, and community connections in the St. Croix Valley.
• Worked with City of Maplewood and Valley Branch Watershed District to begin creating four interpretive signs for Joy Park.
5
Blue Thumb Program: EMWREP uses Blue Thumb – Planting for Clean Water (www.BlueThumb.org) tools and resources to enhance outreach efforts for watershed cost-share programs and neighborhood raingarden projects. The program was developed by the Rice Creek
Watershed District in 2006 and is currently led by Metro Blooms.
• In 2016, EMWREP:
o Taught landscaping workshops in Cottage Grove, Lake Elmo, Forest Lake, Scandia and Denmark Twp. o Hosted a Blue Thumb neighborhood party in Lakeland.
o Led a raingarden maintenance training in Woodbury (Colby Lake). o Gave presentations at Mahtomedi Garden Club, Friends of Scandia Parks and Trails, Forest Lake Business to Business Group, the Master Gardener Spring Program, and a Washington County realtor training.
• For 2016, Washington Conservation District program staff reported:
o 274 site visits o 21 new projects installed; 31 projects from previous years completed o 490.59 pounds of phosphorus (P) captured by all projects installed in 2016
o 542,681.62 pounds of total suspended solids (TSS) captured by all projects in 2016 Rural Outreach: During 2016, EMWREP:
• Offered a workshop for horse owners.
• Held a farmer breakfast with information about cover crops and conservation programs.
• Provided outreach support for the MN Agricultural Water Quality Certification Program. Stormwater U: EMWREP works in partnership with Minnesota Extension, the University of Minnesota Erosion and Stormwater Management Certification Program, and the Minnesota Erosion Control Association (MECA) to provide professional training and workshops for local government staff and consultants, as well as builders, developers and contractors. Training offered in 2016 included:
• MIDS Calculator workshop.
• Erosion and Sediment Control Regulatory Enforcement workshop.
• Presentations to Forest Lake Public Works staff, Washington County field staff, and county office staff about MS4 permits and illicit discharges (IDDE). NEMO: The Northland NEMO program (Non-point Education for Municipal Officials) provides local elected officials and decision makers with resources and information to make informed
decisions about land use and water quality in their communities. Northland NEMO is hosted by the University of Minnesota Extension and EMWREP is a partner organization. In September 2016, EMWREP collaborated with partners to host the 7th Annual NEMO
St. Croix River Workshop on the Water, which celebrated the 100th Anniversary of the National Park Service, provided information about riverway and stormwater standards, and helped community leaders understand the importance of an orderly development process.
MS4 Toolkit and Blue Biz: In 2009, EMWREP created the MS4 Toolkit – a collection of resources and educational materials to help local cities and watershed organizations meet their stormwater permit requirements. Until recently, the toolkit was available on-line on the Clean Water Minnesota website. Education and outreach resources for businesses and commercial entities were hosted on the same website. With the creation of a new www.cleanwatermn.org website, EMWREP is in the process of uploading the MS4 Toolkit and Blue Biz resources to a FTP site so that they are still available to local partners.
STAFF REPORT
DATE: 6/6/2017
REGULAR
ITEM #: 16
MOTION
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Wildflower at Lake Elmo Planned Unit Development Amendment
REVIEWED BY: Sarah Sonsalla, City Attorney
Rob Welden, Public Works Director
Mike Bent, Building Official
Jack Griffin, City Engineer
Emily Becker, City Planner
BACKGROUND: Robert Engstrom is requesting an amendment to the Wildflower at Lake Elmo Planned Unit Development (PUD). The Planning Commission held a public hearing on May 8, 2017 and made recommendations to Council. On May 16th, the City Council reviewed the PUD amendment request and tabled the item to
allow Staff and the developer time to negotiate a give and take consistent with PUD regulations. ISSUE BEFORE COUNCIL: The issue before Council is whether to approve or deny the PUD Amendment request PROPOSAL DETAILS/ANALYSIS: Robert Engstrom had requested a number of changes to the Wildflower PUD and presented this request to
the Planning Commission. At the Planning Commission the list of requested changes was reduced as the developer withdrew those items that were of lesser importance to the developer. These request to the City Council was for the following amendments to the PUD:
1. Reduce the rear yard setback on Lot 18, Block 3 Wildflower at Lake Elmo 1st Addition from 20 ft. to 10 ft.
2. Reduce the side yard corner setbacks on Lots 1 and 8 Block 13 of the Preliminary Plat from 15ft. to 10 ft.
3. To allow the reorientation Lots 12 and 13, Block 3 Wildflower at Lake Elmo 1st Addition to allow driveway access from Sunflower Lane rather than the courtyard.
4. Increase the courtyard lots allowed impervious surface coverage from 50% to 56%.
The Council tabled the planning item in order to allow Staff and the developer time to negotiate a give and take consistent with PUD regulations. Staff met with the developer and based on the negotiation the
City Council Meeting
June 6, 2017 Regular Agenda item #16
Page 2
developer will execute an agreement with the City to take over plowing of the “alley” streets in the courtyard areas in exchange for the following PUD Amendments:
1. Allowing LDR setbacks in the Conservation and Prairie Lots. (Staff Comments) This request was withdrawn at the Planning Commission, but again requested as part of the negotiation. The
requested setbacks are consistent with the base zoning for these lots. It is unlikely that every lot will be built to the setback lines due to the larger size of these lots.
2. Reduced rear yard setback on Lots 17 and 18, Block 3, Wildflower 1st Addition from 20’ to 15’ (Staff Comments). This request is consistent with the Planning Commission’s recommendation. The reduction in the setback is proportional with the reduction in lot size as compared to other similar courtyard lots.
3. Allowing Driveway Flexibility on Lots 12, 13 and Lot 17, Block 3, Wildflower 1st Addition; and the highlighted lots in phase 3 shown on Exhibit A below. (Staff Comments) This request appears to be reasonable in that it is limited to a few lots in the first and third phase of the development. Staff recommends the approval be conditioned on building permit review by the City to ensure there are no unforeseen conflicts or safety issues.
Exhibit A - Phase 3 Courtyard Lots and Driveway Flexibility
4. Allowing up to 6% impervious coverage beyond the 50% coverage if the additional impervious utilizes pervious paving for the courtyard lots. (Staff Comment) The coverage limits will essentially remain at 50% as long as the pervious pavers are functioning correctly.
5. Allow a single 400 sq. ft. storage structure to be located on Outlot A, Wildflower 2nd Addition subject to a 10’ setback from public R/W and an additional 200 sq. ft. covered trellis area attached to the garage. (Staff Comment) The developer had previously requested this and pulled
it from consideration. The need for the structure is for HOA storage of maintenance equipment and materials. The request appears reasonable as long as the structure adheres to the same
setback from streets as the adjacent homes and the City is able to review the building permit for
unforeseen conflicts and safety issues.
City Council Meeting
June 6, 2017 Regular Agenda item #16
Page 3
RECOMMENDED FINDINGS:
1. The PUD amendment is consistent with the Comprehensive Plan designation for the subject property.
2. The PUD amendment is generally consistent with the Wildflower at Lake Elmo PUD Concept Plan and Preliminary PUD Plans.
3. The PUD amendment has provided the City additional benefit in exchange for additional PUD
flexibility consistent with the PUD regulations.
4. The PUD amendment meets the PUD objectives set forth in Section 154.751 of the City Code.
5. The PUD amendment will have no impact on stormwater management for the development.
RECOMMENDED CONDITIONS OF APPROVAL:
Staff is in support of the above mentioned PUD Amendments with the following conditions of approval:
1. Flexible driveways on subject lots and the storage structure on Outlot A, Wildflower at Lake Elmo 2nd Addition are subject to City review of individual building permits for unforeseen
conflicts or safety issues. 2. That any changes to street curbing as a result of modified driveway locations occur prior to the installation of the final lift of asphalt being installed. 3. That an agreement be prepared and approved by the City Attorney and executed by the City and the Developer that gives responsibility for snow plowing of the “alleys” surrounding the courtyards to the HOA.
FISCAL IMPACT: The Agreement for snow plowing by the Wildflower at Lake Elmo HOA will save the City approximately
$100,000 by allowing the public works department to forego the purchase of a dedicated snow removal
equipment it would have needed to plow the narrow alleys. It will also save the City in Staff time
mobilizing the specialized equipment to the area each snow fall.
OPTIONS: The Council has the following options:
1. Adopt Resolution 2017-048 approving the PUD Amendment
2. Deny Resolution 2017-048 and provide reasons for denial
3. Amend and adopt Resolution 2017 -048 approving the PUD Amendment.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution 2017- 048 approving of the PUD Amendment with the following motion: “Motion to adopt Resolution 2017-048 approving Wildflower at Lake Elmo PUD amendments.”
City Council Meeting
June 6, 2017 Regular Agenda item #16
Page 4
ATTACHMENTS:
• Resolution 2017-048
• Letter of agreement Robert Engstrom
• VBWD review email
Resolution No. 2017-048
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2017-048
A RESOLUTION DENYING THE WILDFLOWER AT LAKE ELMO PLANNED UNIT DEVELOPMENT AMENDMENTS WHEREAS, Robert Engstrom Companies, 4801 West 81st Street, #101, Bloomington, MN (“Applicant”) has submitted an application to the City of Lake Elmo (“City”) for amendments to the Planned Unit Development (PUD) Plans and PUD agreement for Wildflower at Lake Elmo; and
WHEREAS, the Lake Elmo City Council approved the Wildflower at Lake Elmo Concept
Plan on June 17, 2014, and WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on February 23, 2015 to consider the Preliminary Plat and Preliminary Plans for the PUD, and further reviewed said
plat and plans at its March 9, 2015 meeting; and
WHEREAS, on March 9, 2015 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Wildflower at Lake Elmo PUD Preliminary Plat and Preliminary Plans; and
WHEREAS, the City Council adopted Resolution 2015-023 approving the Wild t Wildflower at Lake Elmo PUD Preliminary Plat and Preliminary Plans on April 7, 2015; and WHEREAS, the City Council adopted Resolution 2015-060 on July 21, 2015 approving the
Final Plat and Final PUD plans for Wildflower at Lake Elmo 1st Addition; and
WHEREAS, the City Council adopted Resolution 2016-106 on December 6, 2016 approving the Final Plat and Final PUD plans for Wildflower at Lake Elmo 2nd Addition: and
WHEREAS, Robert Engstrom Companies made application for amendments to the approved Planned Unit Development Plans and Agreement on April 21, 2017; and WHEREAS, The Planning Commission held a public hearing on May 8, 2017 and where
the developer withdrew several requested changes from consideration; and
WHEREAS, the Planning Commission recommended approval of two amendments and recommended denial of the other; and
2
Resolution No. 2017-048
WHEREAS, the City Council reviewed the recommendation of the Planning Commission
and the proposed Wildflower at Lake Elmo PUD Amendments at a meeting on May 16, 2017 and tabled the item to the June 6, 2017 City Council meeting; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following:
FINDINGS 1. The PUD amendment is consistent with the Comprehensive Plan designation for the subject property.
2. The PUD amendment is generally consistent with the Wildflower at Lake Elmo PUD Concept Plan and Preliminary PUD Plans.
3. The PUD amendment has provided the City additional benefit in exchange for additional PUD flexibility consistent with the PUD regulations.
4. The PUD amendment meets the PUD objectives set forth in Section 154.751 of the City
Code.
5. The PUD amendment will have no impact on stormwater management for the development.
6. That the proposed PUD will allow a more flexible, creative, and efficient approach to the use of the land with the following amendments:
o Conservation and Prairie Lots will have setbacks consistent with the LDR zoning.
o Reduced rear yard setback on Lots 17 and 18, Block 3, Wildflower 1st Addition shall be 15 feet.
o Driveway locations will be flexible on Lots 12, 13 and Lot 17, Block 3, Wildflower 1st Addition; and the highlighted lots in phase 3 shown on Exhibit A
o Up to 6% impervious coverage is allowed beyond the 50% impervious coverage
maximum for the courtyard lots if the additional impervious utilizes pervious paving.
o A single 400 sq. ft. storage structure shall be allowed on Outlot A, Wildflower 2nd Addition subject to a 10’ setback from public R/W and an additional 200 sq. ft. covered trellis area attached to the garage.
CONCLUSIONS AND DECISION Based on the foregoing, the Applicants’ application for a PUD Concept Plan is approved with the following conditions:
1. Flexible driveways on subject lots and the storage structure on Outlot A, Wildflower at Lake
Elmo 2nd Addition are subject to City review of individual building permits for unforeseen conflicts or safety issues.
2. That any changes to street curbing as a result of modified driveway locations occur prior to the installation of the final lift of asphalt being installed.
3
Resolution No. 2017-048
3. That an agreement be prepared and approved by the City Attorney and executed by the City
and the Developer that gives responsibility for snow plowing of the “alleys” surrounding the courtyards to the HOA.
Passed and duly adopted this 6th day of June, 2017 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________ Mike Pearson, Mayor ATTEST:
________________________________ Julie Johnson, City Clerk
4
Resolution No. 2017-048
RESOLUTION NO. 2017-048 EXHIBIT A
Phase 3 Courtyard Lots with Driveway Flexibility
STAFF REPORT
DATE: 6/6/2017
REGULAR
ITEM #: 17
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Rezoning and Royal Golf Club at Lake Elmo Preliminary Plat/PUD
REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney
Emily Becker, City Planner Jack Griffin, City Engineer Greg Malmquist, Fire Chief
Mike Bent, Building Official
BACKGROUND: HC Golf Course Development made application for rezoning from PF- Public Facilities to GCC – Golf Course Community and preliminary plat and preliminary planned unit development (PUD) plans on 2/10/2017. The Planning Commission held a public hearing on March 13, 2017 and recommended
approval of the rezoning on March 13, 2017 and the preliminary plat and preliminary PUD on March
27, 2017. The Metropolitan Council’s met on May 24th and recommended approval of the Comprehensive Plan Amendment.
ISSUE BEFORE COUNCIL: The Council is respectfully being asked to adopt Resolution 2017-__ approving the Royal Golf Club at Lake Elmo preliminary plat and PUD plans with conditions based on findings.
PROPOSAL DETAILS/ANALYSIS: Since the Planning Commission review, City Staff requested the developer update his preliminary plat and PUD plans to address some of the comments and issues raised prior to and during the Planning Commission meeting. Although it is not customary to request changes prior to City Council review, there were a number of issues that Staff felt were potentially critical to the preliminary plat layout. The critical issues pertained to stormwater management, and the lift station site designs. The developer submitted revised plans to the Valley Branch Watershed District (VBWD) for their review and to the City on April 10, 2017, in conjunction with the phase 1 grading permit application and was granted a permit with conditions (attached). The City Engineer retained BMI to review the proposed lift station site plans to verify whether the developer’s proposed outlots are of adequate size and configuration. The review of the lift stations and outlots is ongoing. Although the list station sites are workable, the sizes of several of them are less than ideal. The Public Works Director has submitted a memo regarding the lift stations and
has identified a number of concerns. Specifically, the concerns are with the length and width of the
City Council Meeting
June 6, 2017 Regular Agenda item # 17
Page 2
driveway on the northeast lift station site; the limited size of the south lift stations site; and the proximity to residential properties with the northwest lift station site.
The updated plans received on April 10, 2017 addressed several of the conditions of preliminary plat recommended by Staff and the Planning Commission:
Condition #2: Lots 1, Block 1 and Lot 3, Block 1 were combined into a single lot - combining the area for future “cottages” with the clubhouse lot. Condition #3: Providing frontage for Lot 1, Block 1 onto 20th Street N – giving the clubhouse street frontage without having to pass into a park property. Condition # 7 PUD zoning condition – was moved to the findings as consistent with other PUD approvals. Condition #15: An 8 ft. concrete public trail was provided in the right-of-way in front of Lots 1-11, Block 13. Condition #18: Sidewalks were provided along one side of all streets except for Street C (Annie Avenue).
These conditions have been removed from the City Council Resolution to approve the Preliminary Plat. Additionally, the revised plans show revisions to the proposed lots on Annie Avenue discussed during the
3/27 Planning Commission meeting. Staff has no issues to the revisions as shown.
The new Condition #15 (old # 20) has been requires woodland management (buckthorn removal) in lieu of tree replacement. Staff and the Planning Commission still recommend it to provide flexibility in
meeting tree replacement requirements and in exchange for PUD flexibility. The developer is not proposing any woodland management and prefers not to. If the Council wants it to be a requirement, then no action is necessary. If the Council does not want this to be a requirement, then Condition #15 should
be changed to state: “The developer shall provide consider woodland management and pollinator
friendly native seeding in lieu of some required tree preservation replacement tree requirements as recommended by the City’s Landscape Architect.”
The Public Works Director submitted a review of the lift stations, raising some concerns. Planning Staff has added the condition: that the developer address the Public Works Directors concerns as
they pertain to the lift station designs as identified in a Public Works memorandum dated 5/19/2017
Engineering Review. The City Engineer reviewed the preliminary plan (submitted on April 10, 2017) and Grading, Development & Erosion Control plans (submitted on May 10, 2017). The City Engineer raised a few issues that pertain to the plat:
• There are raingardens shown on Outlot J and on Outlot S and a larger infiltration basin on
Outlot BB that were required in order to meet VBWD approval. The City requires storm water raingardens and infiltration basins to be contained on City owned outlots. If the raingarden remains on Outlot J, it must be owned by the City. The raingarden on Outlot S should be contained in a separate outlot or combined with Outlot T which will be dedicated
to the City. The infiltration basin in Outlot BB should be separated off into a new outlot to be
owned by the City. The responsibility for the maintenance of the raingardens should be by the HOA, not the City.
• A stormwater pipe in Outlot V crosses the gas line easement, but no pipe elevations are shown. It is unclear whether this configuration will work, or is acceptable to the gas company.
City Council Meeting
June 6, 2017 Regular Agenda item # 17
Page 3
FISCAL IMPACT: The fiscal impact will be determined with the developer agreement after final plat approval. The proposed plat includes a significant expansion of the City’s sewer and water infrastructure, including 3 lift stations. The development will provide a significant contribution to the City’s park dedication funds and will provide Sewer and Water Access Charges (SAC/WAC) in an amount to be around 1,752,000 for the 292 residential lots being connected and another 216,000 in SAC/WAC charges for the golf club and maintenance building connections. The future cottages and HOA clubhouse will result in additional SAC and WAC charges. The three lift stations will result in additional ongoing maintenance costs for the City. The developer has agreed to pay $25,000 to offset the costs of ongoing maintenance of two of the three lift stations which will be memorialized in the Developer Agreement for the development. A more detailed accounting of the fiscal impact will be provided with the Developer Agreement for the first phase
of the development. OPTIONS: City Council is has the following options:
1) Adopt Resolution 2017-047 approving the Royal Golf Club at Lake Elmo Preliminary Plat and PUD with the conditions of approval based on findings. 2) Amend, then adopt Resolution 2017-047 approving the Royal Golf Club at Lake Elmo Preliminary Plat and PUD with the conditions of approval based on findings. 3) Deny Resolution 2017-047, table the item and prepare a new Resolution for denial to be brought back at a future meeting. RECOMMENDATION: Staff and the Planning Commission respectfully request that the City Council adopt Resolution 2017-047 approving the Preliminary Plat and Preliminary PUD Plans. ATTACHMENTS:
• RGC Narrative
• RGC at Lake Elmo preliminary plat and plans submitted 4.10.17
• Resolution 2017-047 approving the RGC Preliminary Plat and PUD
• Metropolitan Council Comprehensive Plan Approval Letter
• City Engineer’s Report 6/1/17
• Consulting Landscape Architect’s Report 5/31/17
• Washington County review memorandum
• Public Works Lift Station Review Memorandum
• DNR review memorandum
11455 20th Street North
Lake Elmo, Minnesota 55042
www.royalgolfclubmn.com
THE ROYAL GOLF CLUB
Preliminary PUD/Plat
February 10, 2017
Background
Tartan Park, 3M’s private 27-hole golf course and recreational facility was purchased by H.C.
Golf Course Development, LLC in March of 2016. Since that time, the golf course
reconstruction and proposed clubhouse renovation have begun with an expected opening
Summer of 2017. H.C. Golf applied for a Comprehensive Plan Amendment on September 12,
2016. This application was approved, conditioned on Metropolitan Council approval, January 9,
2017. The EAW for the Royal Golf Club was approved by the City Council on January 17, 2017
and the Zoning Text Amendment for the new Golf Course Community designation was
approved on February 7th, 2017. The applicant has prepared a Shoreland PUD/Cluster
evaluation that is in the final stages of review by the City of Lake Elmo. On September 8, 2016,
H.C. Golf requested that the City undertake a Water Supply study based on the City Engineer’s
recommendation during the Concept Plan review. The study is complete, the recommended
changes to RGC’s water looping system have been made. RGC has obtained its required
Wetland Alteration Permits and received approval of the Wetland Replacement Plan. This
narrative accompanies the Development Stage Planned Unit Development and Preliminary Plat.
RGC and City Staff have been working on the details of the preliminary plat over the last 3
months. During this effort, the concerns raised during the concept review, the EAW, the GCC
Zoning Text Amendment, and public comments have been addressed and incorporated into this
submission.
Substantive Changes Since Sketch Plan Review
There have been many changes since the Planning Commission saw the original sketch plan.
The substantive changes area:
1. Provision of an access to the south connecting the neighborhood to 10th Street.
2. Provision of a public trail connecting 10th Street to 20th Street.
3. Elimination of any cul-de-sacs longer than City Ordinance.
4. Addition of an access from 20th Street to the east part of the site
5. Elimination of 11 lots in the area east of Homestead and north of Tartan Meadows.
6. Connection of the NW neighborhood to the west-central neighborhood.
7. Removal of the 19 lots that had been planned on a wooded ridge along Lake Elmo Ave.
PUD Flexibility
RGC is requesting various types of flexibility based on its PUD designation. These requests are
listed below and detailed in each category throughout the narrative. These requests are:
1. The golf course is required by ordinance to have two entrances. When submitting the
grading permit for the course, this was unknown to RGC. As a result, the area where the
2nd access once existed was used as the remediation area where the mercury
contaminated soils in the golf course greens was placed. To address the access concern,
RCG is proposing to modify the main entrance drive to include a drive with a median at
the intersection of 20th Street.
2. Minimum Lot Size. The minimum lot size in the GCC is 9,000 square feet. Many of the
proposed Villa lots are below this requirement. Typically, an Association maintained
unit would be more a LDR or MDR housing style; the smaller lot size would be
compensated by common open space. We believe we have done this with our proposal
and should be approved. If not allowed, the only way to meet the minimum density
would be to make all the lots closer to the minimum. We believe this would be
detrimental to the neighborhood and it exclusivity.
3. Impervious Surface Area (Per lot). While we aren’t exactly sure at this point because we
haven’t picked our builders, we suspect that on some of the 55’ villa lots we might exceed the
30% impervious coverage requirement. Like #2 above, the villa would typically be a LDR/MDR
product with a 40% coverage requirement. We believe it is reasonable to ask this of our villa
product as well. We will adhere to the Shoreland Ordnance in the areas covered by the
Shoreland District. We are not requesting this flexibility for the Traditional Single Family.
4. Villa Setbacks. RGC is requesting a 20’ front yard setback when a side-loaded garage is
used. In this case, there should be no issue with parking cars in the driveway that will
overhang the sidewalk or ROW. This is not an uncommon allowance when utilizing a
side-load garage. Additionally, we are requesting 7.5’/7.5’ sideyard setback (garage or
living area) for the villas. With the ordinance requirement of 10’/5’ there will be
instances where we will have garages with 10’ of each other. We believe this creates an
ugly street view.
5. We would like “trails” in front yards to be 6’ wide. This argument is made in the Trails
section.
6. ROW width. In the 55’ wide villa area on the east side we are proposing a 50’ ROW
without sidewalks. This is described in the streets section.
7. Number of “Entrance Monuments”. City ordinance allows for only 2 entrance
monuments per development. We are requesting 4 entrance features – one at the
intersection of Street A and 20th Street, one at the clubhouse entrance, one at the
entrance on Lake Elmo Ave. and another approximately 600’ north of our entrance on
10th Street. In addition, we would like to have up to 6 additional “neighborhood
identifiers” used to identify the villa enclaves. There would likely be nothing more than
a 2’X2’ pillar with the RGC Logo and the name of the neighborhood.
8. Sidewalks. We are proposing two small areas where we think sidewalk is not
warranted. This is explained in the Sidewalk section.
9. Garages. The ordinance states that there is a 1000 square foot maximum for an
attached garage without a conditional use permit. It will not be at all uncommon for
many of these homes to have 4-car garages, especially if they have golf carts. We would
like the flexibility to have a larger garage with a much more expedient review than a
CUP, or have a PUD condition that states that there can only be the equivalent of 3
single stall garage doors facing the street. We are still bound by the percentage of
garage face to house face requirement.
Proposed Land Uses and Densities
Land Uses. The development contemplates detached, single family homes
encompassing a broad range of lifestyles choices and price points. Anticipated homes
will range from Association maintained villa products to high-end custom homes. The
“villa” product has 5 different “neighborhoods” -- 3 on the west side of the golf course
and 2 on the east. It is likely that the neighborhood in the Southwest corner of the site
may contain a product for “new families on the go” that will be a two-story product but
still Association maintained. This is an emerging buyer segment as Millennials start to
form families and switch to owning their own home.
Lot Sizes.
Traditional single family lots – These lots will range from 80’ – 100’ in width with
minimum depths between 130’ to 150’. The varied lots are intermixed throughout the
development depending on proximity to the golf course and orientation to existing
natural features. Front setbacks for traditional single family homes will be 30’ as well as
the street-side setback for a corner lot. The rear setback is 30’.
Golf course lots will be a minimum of 100’ wide. The rear setback will be 30’ and side
setbacks at proposed to be 15’ each side (30’ between homes). Internally, RGC may
grant variances to the sideyard setback to allow for bump-outs, egress windows, wide
eaves and the like. These would be granted only on a case by case basis to allow for
unusual architectural elements. In no case, will the setback be less than 10’. No
encroachments into utility easements will be allowed. There are 79 Golf Course lots; the
average lot area 17,800 square feet.
Off-course lots with 80-90’ widths will have the same front and rear setbacks but have
10’ sideyard setbacks. Typical City-allowed encroachments into setbacks will be allowed
but in no instance will encroachments into utility easements be allowed. There are 88
off-course lots. The 90’+ lots have an average size of 15,600 square feet; the average
area for a 80’+ lots is 13,713 square feet.
Association Maintained Villa Lots -- There are essentially two different villa lots – 55’
wide and 65’ wide. These will be located on public streets in 5 different enclaves or
pods. As negotiations are completed with the two or three custom builders for these
homes, plans will be brought forward for City review. Generally, the homes will be
1800 – 2000 square feet on the main level. All units will have full basements. The front
setback is proposed to be 20’ for side-load garage units and 25’ for front loaded garages.
The proposed side setbacks are 7.5’ from each side (15’ between homes).
The lot areas for the 55’ lot range from 6900 square feet to 14,700 square feet,
averaging approximately 8,700 square feet. The lots areas for the 65’ lots range from
7,800 to 13,100 square feet. The average square footage is 9,800 square feet.
The various setback/ROW/Sidewalk relationships that are formed as part of the request
are shown on Exhibits A, B, C, and D.
Density. The current plan indicates a total of 292 units on 231.25 gross residential
acres. Using the City’s methods of netting out rights-of-way, bluffs, wetlands and the
like a net residential area of 186.92 acres is arrived at. This creates a net density of 1.56
units per acre. This is within the density range prescribed by the Golf Course
Community Zoning District.
Streets/Sidewalks. Streets are generally designed to be 28’ feet (back of curb to back
of curb) within a 60’ right-of-way. All streets have sidewalks on one side except for the
55’ villa product on the east side of the neighborhood and the 60-65’ villa product in the
SW corner. Both “pods” or enclaves contain fewer than 20 lots, and are situated in
locations that won’t experience through traffic. Both enclaves have a very short walk to
a street with a sidewalk or trail. Some lots have access to a trail in their back yard. In
only one east neighborhood (55’ lots), due to the east/west dimension from the golf
course to the east property line, the ROW had to be reduced to 50’ to help increase the
buffer and preserve trees on the property edge.
Parks, Trails and Open Spaces.
Trails. In response to the Comprehensive Park Plan for a trail along 20th Street from
the clubhouse access to Lake Emo Ave., we have proposed an off-street trail from
the easterly most proposed street (Street A) to Street J, where the trail moves away
from the street and proceeds through the golf course, neighborhood and other
planned open spaces eventually connecting to 10th Street. This is proposed to be
credited against the project’s park dedication fee. No other public parkland
dedication is proposed.
Due to severe topography and trees, it was not possible to construct an off-street
trail from the proposed trail intersection with Street E to where it leaves Street D at
the NW corner of the Homestead neighborhood. Because it is not preferable to
construct asphalt trails along the fronts of lots, an 8’ sidewalk was discussed. RGC
would prefer to see any sidewalk in a front yard no greater than 6’. While a tree
should still be able to grow in a 7’ green space (boulevard) between the curb and the
edge of an 8’ sidewalk, an 8’ wide piece of concrete looks out of scale with the other
elements in the front yard. RGC is requesting that the “trail” in the area described
be limited to 6’.
Private Amenities. A private park is proposed in the SW corner of the site as a small
neighborhood amenity. There is also a private HOA maintained fitness center and
swimming pool proposed in the golf clubhouse area on the west side of parking lot.
The exact location and design have yet to be determined but will be proposed during
the CUP process. Use of the fitness center and pool will be paid for through HOA
dues. There are also nearly 2 miles of HOA owned nature/exercise trails that exist in
the northwest corner of the site (Outlot DD). These are not designed for bicycles or
other like as there are numerous bridges, stairways and steep slopes. They are
intended to provide a means to experience the hilly woodland and get a more
energetic experience than a normal sidewalk or trail.
Private Open Spaces. All HOA owned/maintained open spaces will be encumbered
by some form of conservation easement to satisfy both DNR and City Ordinance
requirements. The specifics of these easements are being worked on with Staff.
There are 35 different outlots within the proposed plat; the ownership and
maintenance responsibilities of the outlots are shown on Page 8 of the plan set.
Golf Cart Friendly Neighborhood. It is very important to RGC that the neighborhood
be golf cart friendly. By this, we mean that golf carts would be permitted on the
internal public streets and the off-street trails that connect the neighborhood to the
clubhouse. Golf carts would not be allowed on sidewalks, streets surrounding the
property, or trails that did not link directly to the clubhouse. Ordinances to this
affect are common (slow moving vehicle) and essentially center around the driver
(must be of legal driving age with insurance, etc.) and the cart itself. If the ordinance
is a dawn to dusk ordinance certain accessories must be on the cart; if it includes
dusk to dawn operation additional accessories are required. RGC would like to
explore this concept with Lake Elmo Public Safety officials to arrive at an ordinance
that satisfies all.
Restrictive Covenants. The development will be encumbered by a variety of Restrictive
Covenants put in place for the benefit of the residents (Architectural Guidelines, use
restrictions, exterior storage requirements, vehicle parking, RVs, etc.) as well as
Restrictive Covenants placed on open spaces at the direction of the City as part of the
Ordinance and Shoreland requirements. As part of the review process, we expect that
the agency required covenants will be developed and that concerns of the Planning
Commission will be voiced and incorporated into the HOA Documents. Finalization of
these documents will be done prior to Final Plat submittal
Transportation. All the access points to surrounding streets and County Roads have
been approved by the appropriate agencies subject to the final design being presented.
During the EAW approval process, a traffic study was performed. All the
recommendations of the study have been implemented in the plans, the most
significant of which are turn lanes at all the project intersections with 20th Street.
The access to 10th Street has been obtained through negotiation the property owner to
the east of the access point, Terry Emerson. The negotiation involves land swaps and
other considerations we wish to remain outside the public domain. The discussions are
proceeding nicely and we are in the process of reviewing final documents. The land
swaps will be accomplished prior to final plat approval so that everything will be
memorialized in the plat. The specifics or the land swaps will be presented at the
Planning Commission meeting.
Tree Preservation
Trees were inventoried using two methods. Many trees were individually identified and
located. Some trees were inventoried using a foresters sampling method. The
individual tree locations as well as the forester’s areas are shown on the submitted tree
preservation plan. Individual trees were identified by Kjolhaug Environmental Services
and Tree Biz. The foresters sample areas were done by Kjolhaug Environmental
Services. Carlson McCain surveyed the individual tree locations. The detailed
calculations can be found on the submitted tree preservation plan. There is a mitigation
requirement of 4,298 caliper inches. This mitigation requirement is fulfilled on the
submitted landscape plans.
It should be noted that our calculations are made utilizing the "mixed use" provisions in
the City Ordinance. In our opinion, the public nature of the golf course, restaurant,
banquet and event facilities, driving range, and teaching center all indicate a use that is
commercial in nature and that any financial link between the residential uses and the
golf course does not invalidate this provision.
We are confident that the combination of saving over 60% of trees on site as well as all
the proposed landscaping and amenity features, The Royal Golf Club at Lake Elmo will
become a beautiful new addition to the City that everyone can be proud of.
Phasing
The first phase of development will be the development of the east side of the project
along with a small portion in the SW corner. This is shown on Exhibit E of this narrative.
All the first phase utilities will be contained in Phase 1 Development except for a sewer
force main along 10th Street and its intersection with Lake Elmo Ave. and a watermain
along the south side of 20th Street to its intersection with Lake Elmo Blvd (Exhibit F).
The Grading Phasing is shown on Exhibit G. The primary driver of this phasing is the
need to provide public sewer and water to the clubhouse within 2 years of it’s opening,
which is expected to be the summer of 2017. The ultimate pace of the phasing will be
determined by market demand but future phases are generally expected to proceed
from the SW corner north to 20th Street. Phasing of critical public infrastructure and
trail improvements will be discussed and approved with Staff as we proceed with
approvals.
The approximate dates of the 4 development phases are:
Phase 1 – 2017
Phase 2 – 2019
Phase 3 – 2021
Phase 4 -- 2013
Builders. While we have spoken with many custom builders in the area, out of respect
for the City approval process we have not selected any. With preliminary plat approval,
we will announce these builders and, if needed, make a presentation of their work to
the City. We are confident that the City will be pleased with the custom builders we will
chose. Presently we are considering a pool of 7 custom builders for the traditional
homes and 2-3 custom home builders for the villas.
There will be an architectural review committee (ARC) that will approve all house plans
in accordance with a prescribed set of architectural guidelines that will cover minimum
roof pitches and materials, 4-sided architecture, wrapped windows and doors, Hardie
siding and Andersen Windows. As we continue to put together the builder pool, we will
be happy to review the architectural guidelines and speak with the builders themselves.
Summary
The Royal Golf Club is a unique solution to the natural and regulatory challenges that this site
presents. Its proximity to transportation and the rest of the metro area, the surrounding open
space and recreational areas, quality schools and a broad buyer profile offer a unique locational
advantage. Combined with the golf course, there has not been a project of this caliber in the
Twin Cities in two decades; there likely will not be another one in the foreseeable future.
We believe that this plan is a solid framework with which to proceed to final plat and the other
regulatory steps to bring the neighborhood to reality. We continue to discuss the project with
policy makers, refine the plan as we gain more information on the potential market, evolving
planning/environmental considerations, and community expectations. We look forward to
advancing the proposal and addressing more details of the design as we prepare for final PUD
and plat approvals.
Respectfully submitted,
H.C. Golf Course Development, LLC
Rick Packer
President
5-10’
5’ From Curb60.0’55.0’20.0’20.0’25.0’55.0’
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The Royal Golf Club at Lake Elmo
HC Golf Course Development, LLC
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The Royal Golf Club at Lake Elmo
HC Golf Course Development, LLC0102040
(IN FEET)
7.5’
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The Royal Golf Club at Lake Elmo
HC Golf Course Development, LLC0102040
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The Royal Golf Club at Lake Elmo
HC Golf Course Development, LLC0102040
(IN FEET)
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101716151413119718546812321Lake Elmo, MinnesotaPhasing Plan - DevelopmentKnow what'sbelow.before you dig.CallRof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-phasing exhibit.dwgSave Date:02/21/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect superv
ision and that I am
a du
lyLicensed Professiona
l Eng
ineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak
, P
.E.25063BJKenvironmentalengineeringsurveying···3Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17
Rev
ise Per C
ity
CommentsBENCHMARKSEXHIBIT EADBPHASEIVPHASEIIIPHASEIExhibit EPHASEIP12. 2/20/17
Rev
ise Per OwnerPHASEII
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101716151413119718546812321Phasing Plan - UtilityKnow what'sbelow.before you dig.CallRBENCHMARKSADBPHASEIVPHASEIIIPHASEIExhibit FPHASEIof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-phasing exhibit.dwgSave Date:02/21/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect superv
ision and that I am
a du
lyLicensed Professiona
l Eng
ineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak
, P
.E.25063BJKenvironmentalengineeringsurveying···3Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17
Rev
ise Per C
ity
CommentsP2EXHIBIT F2. 2/20/17
Rev
ise Per OwnerPHASEIILake Elmo, Minnesota
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||FMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFM
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101716151413119718546812321Phasing Plan - GRADINGLake Elmo, MinnesotaKnow what'sbelow.before you dig.CallRBENCHMARKSJJOPHASEIIIPHASEIIPHASEIExhibit GPHASEIof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-phasing exhibit.dwgSave Date:02/21/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect superv
ision and that I am
a du
lyLicensed Professiona
l Eng
ineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak
, P
.E.25063BJKenvironmentalengineeringsurveying···3Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17
Rev
ise Per C
ity
CommentsP3EXHIBIT G2. 2/20/17
Rev
ise Per Owner
34576HORSESHOE LAKELAKEROSEVICINITY MAP SITE DATA LEGAL DESCRIPTION NOTES DRAWN BY:ISSUE DATE:FILE NO:EXISTING CONDITIONS INDEXThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_excon-overall.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota09/21/2016JAB09/21/2016384THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, MinnesotaLEGEND2BENCHMARKS65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:DRAWN BY:ISSUE DATE:FILE NO:EXISTING CONDITIONSThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_excon-sheets.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, MinnesotaLEGENDJAB384SEE SHEET 7 OF 65 SHEETSSEE SHEET 4 OF 65 SHEETS36509/21/201609/21/2016Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:DRAWN BY:ISSUE DATE:FILE NO:EXISTING CONDITIONSI hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_excon-sheets.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, MinnesotaSEE SHEET 5 OF 65 SHEETSSEE SHEET 3 OF 65 SHEETS
4Thomas R. Balluff, L.S.40361JAB3846509/21/201609/21/2016Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
HORSESHOE LAKE OWNER:DRAWN BY:
ISSUE DATE:
FILE NO:
EXISTING CONDITIONS
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_excon-sheets.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota
SEE SHEET 6 OF 65 SHEETSSEE SHEET 7 OF 65 SHEETSSEE SHEET 4 OF 65 SHEETS
5Thomas R. Balluff, L.S.
40361
JAB
384 6509/21/2016
09/21/2016
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
OWNER:
OWNER:
OWNER:
OWNER:
OWNER:
OWNER:
OWNER:
OWNER:OWNER:LAKE ROSE
HORSESHOE LAKE
DRAWN BY:
ISSUE DATE:
FILE NO:
EXISTING CONDITIONS
Thomas R. Balluff, L.S.I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_excon-sheets.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota
SEE SHEET 5 OF 65 SHEETS
6Thomas R. Balluff, L.S.
40361
JAB
384 6509/21/2016
09/21/2016
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
OWNER:
OWNER:
OWNER:OWNER:OWNER:OWNER:OWNER:
OWNER:
OWNER:
OWNER:
OWNER:
OWNER:
OWNER:OWNER:OWNER:OWNER:
DRAWN BY:
ISSUE DATE:
FILE NO:
EXISTING CONDITIONS
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_excon-sheets.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota
SEE SHEET 3 OF 65 SHEETS
SEE SHEET 5 OF 65 SHEETS7Thomas R. Balluff, L.S.
40361
JAB
384 6509/21/2016
09/21/2016
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
17HORSESHOE LAKELAKEROSE26279101112131415232224251916182021DRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLAT INDEX65Thomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp-index.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, MinnesotaVICINITY MAPEASEMENTS ARE SHOWN THUS:DRAINAGE AND UTILITYKnow what'sbelow.before you dig.CallRPROPOSEDLEGAL DESCRIPTIONLEGEND NOTES (Not to Scale)384JABSETBACK INFORMATION SITE DATA 8BENCHMARKS09/21/201609/21/2016Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:OWNER:
OWNER:OWNER:OWNER:
20TH STREET NORTH
ANNIKA
DRAWN BY:
ISSUE DATE:
FILE NO:
PRELIMINARY PLAT
Thomas R. Balluff, L.S.I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:40361
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota384
JAB SEE SHEET 10 OF 65 SHEETSSEE SHEET 27 OF 65 SHEETS9
6509/21/2016
09/21/2016
SEE SHEET 20 OF 65 SHEETS SEE SHEET 11 OF 65 SHEETS
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:MANNING TRAIL NORTH20TH STREET NORTH20TH STREET NORTHANNIKAWAYNORTHIKAWAYNORTHANNDRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 11 OF 65 SHEETSSEE SHEET 9 OF 65 SHEETS
1009/21/201609/21/201665Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:OWNER:MANNINGTRAIL NORTHEETIKAWAYNORTHANNAN
N
I
K
A
W
A
Y
N
O
R
T
HANNIKA WAYANNIE
AVEN
U
E ENSNORTHSTRQUEDRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 10 OF 65 SHEETSSEE SHEET 12 OF 65 SHEETS1109/21/201609/21/2016SEE SHEET 20 OF 65 SHEETS
65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:
OWNER:
ANN
I
E
A
VENUE
NORTHAN
N
I
K
A
W
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N
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HANNIKA WAYNORTHANNIKAWAYANNIEDRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 13 OF 65 SHEETSSEE SHEET 11 OF 65 SHEETS1209/21/201609/21/2016SEE SHEET 19 OF 65 SHEETS
65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:DRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 12 OF 65 SHEETS1309/21/201609/21/2016SEE SHEET 14 OF 65 SHEETSSEE SHEET 18 OF 65 SHEETS
65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:DRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 13 OF 65 SHEETS1409/21/201609/21/2016SEE SHEET 15 OF 65 SHEETSSEE SHEET 17 OF 65 SHEETS
65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:NORTHDRIVEPALMERDRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 14 OF 65 SHEETS1509/21/201609/21/2016SEE SHEET 16 OF 65 SHEETS
65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:OWNER:OWNER:
OWNER:10TH STREET (COUNTY STATE AID HIGHWAY NO. 10)NORTHDRIVEPALMERDRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 17 OF 65 SHEETSSEE SHEET 15 OF 65 SHEETS1609/21/201609/21/201665Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:
OW
N
E
R
:
OWN
E
R
:
OW
N
E
R
:OWNER:PALMER DRIVE NORTH
PALMER
D
R
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N
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T
H
LATROBE CIRCLE NORTHA
R
N
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W
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ARNIE
W
A
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DRAWN BY:
ISSUE DATE:
FILE NO:
PRELIMINARY PLAT
Thomas R. Balluff, L.S.I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:40361
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota384
JAB
SEE SHEET 16 OF 65 SHEETS
SEE SHEET 18 OF 65 SHEETS
17
09/21/2016
09/21/2016 SEE SHEET 14 OF 65 SHEETSSEE SHEET 23 OF 65 SHEETS65
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
PALMER DRIVE NORTHLATROBE CIRCLE NORTH NORTHDRIVEDRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 17 OF 65 SHEETSSEE SHEET 23 OF 65 SHEETS
1809/21/201609/21/2016SEE SHEET 19 OF 65 SHEETSSEE SHEET 22 OF 65 SHEETS
SEE SHEET 13 OF 65 SHEETS65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
DRAWN BY:
ISSUE DATE:
FILE NO:
PRELIMINARY PLAT
Thomas R. Balluff, L.S.I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:40361
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota384
JABSEE SHEET 22 OF 65 SHEETSSEE SHEET 20 OF 65 SHEETS
19
09/21/2016
09/21/2016
SEE SHEET 18 OF 65 SHEETS SEE SHEET 12 OF 65 SHEETSSEE SHEET 21 OF 65 SHEETS65
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
DRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 19 OF 65 SHEETSSEE SHEET 21 OF 65 SHEETS
2009/21/201609/21/2016SEE SHEET 9 OF 65 SHEETSSEE SHEET 27 OF 65 SHEETSSEE SHEET 11 OF 65 SHEETS SEE SHEET 10 OF 65 SHEETS
65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
DRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 20 OF 65 SHEETS SEE SHEET 27 OF 65 SHEETS2109/21/201609/21/2016SEE SHEET 26 OF 65 SHEETSSEE SHEET 25 OF 65 SHEETS
SEE SHEET 19 OF 65 SHEETSSEE SHEET 22 OF 65 SHEETS65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:OWNER:OWNER:
OWNER:
OWNER:
P
A
LM
E
R
R
T
HNOD
R
I
VE
PA
L
M
E
R
NORTHDRIVE
DRAWN BY:
ISSUE DATE:
FILE NO:
PRELIMINARY PLAT
Thomas R. Balluff, L.S.I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:40361
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota384
JAB
SEE SHEET 23 OF 65 SHEETS
SEE SHEET 21 OF 65 SHEETS
22
09/21/2016
09/21/2016 SEE SHEET 19 OF 65 SHEETSSEE SHEET 18 OF 65 SHEETSSEE SHEET 24 OF 65 SHEETS65
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:PALMER DRIVE NORTHLA
T
R
O
B
E
C
I
R
C
L
E
N
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H
LA
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C
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NOR
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NORTHDRIVEDRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 22 OF 65 SHEETS2309/21/201609/21/2016SEE SHEET 18 OF 65 SHEETSSEE SHEET 17 OF 65 SHEETS65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:OWNER:OWNER:LAKE ELMO AVENUE NORTH (COUNTY STATE AID HIGHWAY NO. 17)OWNER:
OWNER:OWNER:OWNER:
KINGS LANE NORTH
ROYAL
VARD
NORTH
BOULE PALMER
DR
I
V
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R
T
H
N
O
PA
LM
ER
R
T
HNODR
I
V
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KINGS LANE NORTHKINGS LANE NORTHDRAWN BY:
ISSUE DATE:
FILE NO:
PRELIMINARY PLAT
Thomas R. Balluff, L.S.I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:40361
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota384
JAB
SEE SHEET 25 OF 65 SHEETS
24
09/21/2016
09/21/2016 SEE SHEET 22 OF 65 SHEETSSEE SHEET 21 OF 65 SHEETS65
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
OWNER:LAKE ELMO AVENUE NORTH(COUNTY STATE AID HIGHWAY NO. 17)OWNER:OWNER:ROY
A
L ROYAL BOULEVARD NORTHVARDNORTHBOUL
E
ROYAL
VARD
NORTH
BOULE PALM
ER DR
IVE
DRAWN BY:
ISSUE DATE:
FILE NO:
PRELIMINARY PLAT
Thomas R. Balluff, L.S.I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:40361
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota384
JAB
SEE SHEET 24 OF 65 SHEETS
SEE SHEET 26 OF 65 SHEETS
25
09/21/2016
09/21/2016 SEE SHEET 21 OF 65 SHEETS65
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
OWNER:OWNER:OWNER:OWNER:20TH STREET NORTH20TH STREET NORTH(C.S.A.H. NO. 17)LAKE ELMO AVENUE NORTHOWNER:
MA
S
T
E
R
S
MASTERSROYAL BOULEVARD NORTHROYA
L
VAR
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NO
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T
H
BOU
L
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L
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NORTHR
T
NO
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T
HCOUDRAWN BY:ISSUE DATE:FILE NO:PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:40361of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17environmentalengineeringsurveying···H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota384JABSEE SHEET 27 OF 65 SHEETS2609/21/201609/21/2016SEE SHEET 25 OF 65 SHEETS65Revisions:02-10-2017 Revised Layout02-28-2017 City Comments04-07-2017 City Comments
OWNER:OWNER:OWNER:
20TH STREET NORTH
MASTER
S
LANE
NORT
H
NORTHDRAWN BY:
ISSUE DATE:
FILE NO:
PRELIMINARY PLAT
Thomas R. Balluff, L.S.I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
Licensed Land Surveyor under
the laws of the State of Minnesota
Print Name:
Signature:
Date:License #:40361
of
3890 Pheasant Ridge Drive NE, Suite 100
Blaine, MN 55014
Phone: (763) 489-7900
Fax: (763) 489-7959
www.carlsonmccain.com
f:\jobs\6021 - 6040\6036 - tartan park\cad\survey\prel. plat\6036_prp.dwgSave Date:04/08/17
environmental
engineering
surveying
·
·
·
H.C. Golf Course Development, LLC
11074 Radisson Rd NE
Blaine, MN 55449
THE ROYAL GOLF CLUB AT LAKE ELMO
Lake Elmo, Minnesota384
JAB SEE SHEET 9 OF 65 SHEETSSEE SHEET 26 OF 65 SHEETS27
09/21/2016
09/21/2016
SEE SHEET 21 OF 65 SHEETS SEE SHEET 20 OF 65 SHEETS
65
Revisions:
02-10-2017 Revised Layout
02-28-2017 City Comments
04-07-2017 City Comments
101716151413119718546812321SITE INDEXKnow what'sbelow.before you dig.CallRJJOof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036_index-site.dwgSave Date:04/07/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKS28
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN29JJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN30JJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN31JJO
1
2
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN32JJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN33JJO
7483of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN34JJO
3of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN35JJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN36JJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN37JJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN38JJO
10912of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN39JJO
10139of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN40JJO
1615of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN41JJO
14of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN42JJO
1718of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN43JJO
16of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN44JJO
15of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-site.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY SITE &UTILITY PLAN45JJO
101716151413119718546812321INDEXKnow what'sbelow.before you dig.CallRLOCof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036_ind.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKS46 WETLAND FILL SUMMARY NORTHEAST FLOODPLAIN SUMMARY SOUTH FLOODPLAIN SUMMARY
15of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN47LOC
16of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN48LOC
1718of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN49LOC
14of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN50LOC
1of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN51LOC
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN52LOC
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN53LOC
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN54LOC
3of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN55LOC
48of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN56LOC
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN57LOC
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN58LOC
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-gr.dwgSave Date:04/08/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsBENCHMARKSPRELIMINARY GRADING& EROSION CONTROL PLAN59LOC
60of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036_dtls.dwgSave Date:04/07/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed CommentsADBDETAILS
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036_dtls.dwgSave Date:04/07/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed Comments61ADBDETAILS
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036_dtls.dwgSave Date:04/07/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed Comments62ADBDETAILS
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036_dtls.dwgSave Date:04/07/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed Comments63ADBRETAINING WALL PROFILES
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036_dtls.dwgSave Date:04/07/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed Comments64ADBRETAINING WALL PROFILES
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036_dtls.dwgSave Date:04/07/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···65Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City Comments2. 2/28/17 Revise Per City Comments3. 4/07/17 Revise Per City & Watershed Comments65ADBRETAINING WALL PROFILES
101716151413119718546812321TREE PRESERVATION PLANKnow what'sbelow.before you dig.CallRJJO94 VICINITY MAP BENCHMARKST1of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree_ind.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsF U T U R
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of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST2TREE PRESERVATION PLANJJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST3TREE PRESERVATION PLANJJO
1514of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST4TREE PRESERVATION PLANJJOF U T U R EP H A S EP H A S EI
15of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST5TREE PRESERVATION PLANJJO
16of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST6TREE PRESERVATION PLANJJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST7TREE PRESERVATION PLANJJOF U T U R EP H A S EP H A S EI
621of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST8TREE PRESERVATION PLANJJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST9TREE PRESERVATION PLANJJO
3of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST10TREE PRESERVATION PLANJJO
975483of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST11TREE PRESERVATION PLANJJO
101398of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST12TREE PRESERVATION PLANJJOF U T U R EP H A S EP H A S EI
1718of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST13TREE PRESERVATION PLANJJO
118of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST14TREE PRESERVATION PLANJJOF U T U R EP H A S EP H A S EI
48of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST15TREE PRESERVATION PLANJJOF U
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of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST16TREE PRESERVATION PLANJJO
1112of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKST17TREE PRESERVATION PLANJJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree.dwgSave Date:04/06/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsBENCHMARKSTREE PRESERVATION PLANT18JJO
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree_table.dwgSave Date:04/05/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsT19ADBTREE PRESERVATION PLAN
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree_table.dwgSave Date:04/05/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsT20ADBTREE PRESERVATION PLAN
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree_table.dwgSave Date:04/05/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsT21ADBTREE PRESERVATION PLAN
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree_table.dwgSave Date:04/05/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsT22ADBTREE PRESERVATION PLAN
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree_table.dwgSave Date:04/05/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsT23ADBTREE PRESERVATION PLAN
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree_table.dwgSave Date:04/05/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsT24ADBTREE PRESERVATION PLAN
of3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55014Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\trees\6036_tree_table.dwgSave Date:04/05/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···25Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 02/10/17 Revise Layout per Owner2. 04/07/17 Per City and Watershed CommentsT25ADBTREE PRESERVATION PLAN
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101716151413119718546812321Lake Elmo, MinnesotaPhasing Plan - DevelopmentKnow what'sbelow.before you dig.CallRof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-phasing exhibit.dwgSave Date:02/21/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···3Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City CommentsBENCHMARKSADBPHASEIVPHASEIIIPHASEIExhibit EPHASEIP12. 2/20/17 Revise Per OwnerPHASEIIEXHIBIT F3. 4/07/17 Revise Per City & Watershed CommentsPHASING PLAN - DEVELOPMENT
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101716151413119718546812321Phasing Plan - UtilityKnow what'sbelow.before you dig.CallRBENCHMARKSADBPHASEIVPHASEIIIPHASEIExhibit FPHASEIof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-phasing exhibit.dwgSave Date:02/21/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···3Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City CommentsP22. 2/20/17 Revise Per OwnerPHASEIILake Elmo, MinnesotaEXHIBIT F3. 4/07/17 Revise Per City & Watershed CommentsPHASING PLAN -UTILITY
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101716151413119718546812321Phasing Plan - GRADINGLake Elmo, MinnesotaKnow what'sbelow.before you dig.CallRBENCHMARKSJJOPHASEIIIPHASEIIPHASEIExhibit GPHASEIof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6021 - 6040\6036 - tartan park\cad\engineering\prelm residential plans\6036-phasing exhibit.dwgSave Date:02/21/17Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota9/21/16 9/21/16Brian J. Krystofiak, P.E.25063BJKenvironmentalengineeringsurveying···3Revisions:H.C. Golf Course Development, LLC11074 Radisson Rd NEBlaine, MN 55449THE ROYAL GOLF CLUB AT LAKE ELMOLake Elmo, Minnesota1. 2/10/17 Revise Per City CommentsP3EXHIBIT G2. 2/20/17 Revise Per Owner3. 4/07/17 Revise Per City & Watershed CommentsPHASING PLAN - GRADING
City Council Resolution 2017-047
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-047 A RESOLUTION APPROVING THE ROYAL GOLF AT LAKE ELMO ZONING MAP
AMENDMENT, PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT (PUD) PLANS. WHEREAS, H.C. Golf Course Development, LLC, 11074 Radisson Road NE, Blaine, MN 55449
(“Applicants”) have submitted an application to the City of Lake Elmo (“City”) for a Preliminary Plat and a Planned Unit Development (PUD) Preliminary Plan for a planned development to be called Royal Golf Club at Lake Elmo, copies of which are on file in the City Planning Department; and
WHEREAS, the proposed Zoning Map Amendment and Preliminary Plat and Preliminary Planned Unit Development is for a residential golf course community Planned Unit Development on
428.06 acres of land located between 10th Street and 20th Streets, east of Lake Elmo Avenue and west of Manning Trail on the former 3M Tartan Park properties and will include 292 single-family residential lots, a lot for the clubhouse and facilities, and golf course; and WHEREAS, the Lake Elmo City Council approved the Royal Golf Club at Lake Elmo PUD Concept Plan on September 9, 2016; and
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on March 13, 2017 to consider the Zoning Map Amendment and Preliminary Plat and Preliminary Plans for the PUD; and WHEREAS, on March 13, 2017, the Lake Elmo Planning Commission adopted a motion to
recommend the City Council approve the Zoning Map Amendment to zone the subject properties to GCC – Golf Course Community; and WHEREAS, on March 27, 2017 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Royal Golf Club at Lake Preliminary Plat and Preliminary PUD Plans; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Royal Golf Club at Lake Elmo Zoning Map Amendment, Preliminary Plat and Preliminary PUD Plans to the City Council as part of a memorandum from the Planning Department dated June 6, 2017; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the proposed Royal Golf Club at Lake Elmo PUD Preliminary Plat and Preliminary Plans at a meeting on May 2, 2017 and June 6, 2017. NOW, THEREFORE, based upon the testimony elicited and information received, the City
Council makes the following:
FINDINGS
City Council Resolution 2017-047
1) That the Royal Golf Club at Lake Elmo PUD General Concept Plan was approved by the City on September 6, 2016 and the submitted Preliminary Plat and Preliminary PUD Plan is consistent with the approved PUD General Concept Plan.
2) That the Royal Golf Club at Lake Elmo zoning map amendment, preliminary plat and preliminary PUD plan are consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
3) That the Royal Golf Club at Lake Elmo preliminary plat and preliminary PUD plan generally comply with the City’s GCC - Golf Course Community zoning districts as modified by the PUD
regulations.
4) That the Royal Golf Club at Lake Elmo preliminary plat and preliminary PUD plan comply with the City’s subdivision ordinance.
5) That the Royal Golf Club at Lake Elmo preliminary plat and preliminary PUD plan comply with
the City’s Planned Unit Development Regulations.
6) That the Royal Golf Club at Lake Elmo preliminary plat and preliminary PUD plan comply with City’s Engineering Standards, except where noted in the review memorandum from the City Engineer dated March 8, 2017 and modified by the PUD regulations.
7) That the Royal Golf Club at Lake Elmo preliminary plat and preliminary PUD plan comply with other City zoning ordinances, such as landscaping, tree preservation, shoreland, and erosion and sediment control, except as noted in this staff report and review memorandum from the City Engineer dated March 8, 2017.
8) That the Royal Golf Club at Lake Elmo preliminary plat and preliminary PUD plan achieve
multiple identified objectives for planned developments within Lake Elmo.
9) That the proposed PUD Preliminary Plan is for a 292-unit single family residential golf course community Planned Unit Development on 428.06 acres of land located on the former 3M Tartan Park properties. 10) That the Preliminary plat and Preliminary PUD Plan will be located on property legally described on the attached Exhibit “A”. 11) That the proposed PUD will allow a more flexible, creative, and efficient approach to the use of the land, and will specifically relate to existing zoning district standards in the following manner (with exceptions as noted): a. Setbacks:
Royal Golf Club at Lake Elmo Setbacks
100 Ft. Wide Lots 80-90 Ft. Wide Lots 55-65 Ft. Wide Lots
Front 30 ft.
30 ft. 20 ft. for side loaded garages, or 25’
Side 15 ft.
10 ft. 10ft. house/5ft. garage or 7.5 ft.
Corner Side 15 ft. 15 ft. 15 ft.
City Council Resolution 2017-047
Rear 30 ft.
30 ft. 20 ft.
b. Maximum Impervious Coverage: The maximum impervious coverage for 55-65’ wide lots shall be 40%. All other lots shall have a maximum impervious coverage of 30%.
c. Lot Sizes: The minimum lot size for Villa lots (55-65’ wide) in the development shall be 6,600 sq. ft.
d. Attached Garages: That attached garages shall not exceed 1,300 sq. ft. in area at the ground floor level except by conditional use permit. The width of the visible garage door area when closed shall not exceed 60% of the principal building façade
(including garage) fronting on the primary street.
e. Subdivision Identification Signs: the Royal Golf Club at Lake Elmo residential subdivision shall be allowed up to a maximum of 4 subdivison identification signs,
including the identification sign for the golf course entrance, not to exceed 24 sq. feet in sign area each, located no closer than 10 feet to any public right-of-way. In addition neighborhood identification markers (pillars) shall be permitted to be no larger than 2 ft. x 2 ft. to identify the development logo and the name of the neighborhood.
f. All other requirements for the City’s GCC – Golf Course Community zoning district will apply, including the allowed uses and other site and development standards.
CONCLUSIONS AND DECISION Based on the foregoing, the Applicants’ application for a Preliminary Plat and Preliminary PUD
Plans is granted, provided the following conditions are met: 1. That cross access easements be recorded between the owner of the golf course/golf club and
the HOA to permit HOA and resident access to the future fitness center, clubhouse and other amenities by the HOA residents over the clubhouse entrance drive and parking lot and trails.
2. Any expansion to the Royal Golf Club clubhouse or intensification of its use shall require a conditional use permit.
3. That there shall be no encroachments to drainage and utility easements on residential lots
other than those reviewed and approved by the City Engineer and upon execution of an easement encroachment agreement.
4. That the developer prepare an exhibit that clearly identifies the proposed setbacks for specific lots within the development.
5. Prior to the execution of a Final Plat for any phase of the development by City officials, the Developer shall enter into a Developer’s Agreement for that phase 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.
6. Each phase of the Royal Golf Club at Lake Elmo shall be incorporated into the Common Interest Agreement concerning management of the common areas and establish a homeowner’s association which shall be submitted in final form to the Planning Director
City Council Resolution 2017-047
before any building permit may be issued for any structure in any phase of the development. Said agreement shall comply with Minnesota Statues 515B-103, and specifically the provisions concerning the transfer of control to the future property owners.
The HOA documents shall include required maintenance of wetland buffers.
7. That the HOA documents include architectural requirements that require 4-sided architecture and garages facing the public right-of-ways to have windows and/or other architectural features.
8. The applicant shall enter into a landscape license and maintenance agreement with the City
that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space for each platted phase of the development.
9. That the HOA be responsible for the maintenance of all landscape walls that cross residential
property lines or publicly owned Outlots or rights-of-ways, and that the walls be contained within a landscape easement.
10. The developer shall provide for an HOA owned and maintained children’s play structure or other similar improvement on Outlot R as discussed by the developer during the PUD
concept review.
11. That a fee in lieu of park land dedication be paid to the City based upon an appraisal by an appraiser to be chosen by the City and paid for by the developer. Also that a 30 ft. wide trail corridor be dedicated to the City centered on public trails in the development and that the value of the dedicated land be credited toward any fees in lieu of parkland dedication. The
park land dedication shall not include wetlands, wetland buffer area, and no credit will be given for land beyond the 30 ft. centered on public trails. And lastly, that the cost of constructing any public trails within the dedicated park land be credited towards any fees in lieu of park dedication.
a. Outlots B, HH and T shall be dedicated to the City as parkland for trails.
12. That a trail phasing plan be submitted by the developer to be approved by City Staff and that the public trails be constructed within each phase prior to building permits being issued for that phase of development.
13. That a 10’ wide trail segment be provided from Palmer Drive (on preliminary plans) to the east edge of the plat within the County Right-of-Way.
14. That the Tree Preservation Plans and Preliminary Landscape Plans be updated to comply with the City’s tree preservation requirements and the City’s landscape requirements for review and approval by the City prior to recording the final plat.
15. The developer consider woodland management and pollinator friendly native seeding in lieu of some required tree preservation replacement tree requirements as recommended by the City’s Landscape Architect.
16. All changes and modifications to the plans requested by the City Engineer in the Engineer’s report dated, March 8, 2017 and June 1, 2017 shall be incorporated into the preliminary plat and PUD plans.
City Council Resolution 2017-047
17. The Preliminary Plat approval is conditioned upon the applicant meeting all City standards and design requirements unless specifically addressed otherwise in this resolution.
18. The developer shall comply with all comments identified within the Washington County letter dated March 6, 2017, including providing an additional 17 feet of right-of-way along 10th Street N. and constructing turn lane improvements meeting Washington County standards at the developer’s sole expense.
19. That the preliminary PUD Plans be approved by Valley Branch Watershed District and that evidence be provided that all conditions attached to a Valley Branch Watershed District permit be provided prior to the commencement of any grading activity on the site.
20. That all openspace within the shorelands be protected with a conservation easement and that
conservation easements be provided for review by the City Attorney and to be executed prior to final plat approval.
21. That golf carts shall be prohibited on city streets and city trails unless specifically allowed by City Ordinance.
22. Prior to the issuance of building permits all wetland buffers shall be delineated and
identified via staking or signage that is acceptable to the City.
23. The applicant must provide the city a letter of approval to perform the proposed work in the gas pipeline easement within the development area as a condition of preliminary plat approval.
24. Prior to the construction of any subdivision identification signs or neighborhood markers
within the development, the developer shall submit sign plans for review and obtain a sign permit from the Planning Department.
25. That the preliminary plat be updated to include street names that are consistent with the City’s street naming ordinance and approved by the City Council.
26. The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the appropriate watershed districts prior to the commencement of any grading or development activity on the site.
27. The developer shall enter into a separate grading agreement with the City prior to the
commencement of any grading activity in advance of final plat and PUD plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site.
28. The developer shall submit a revised preliminary plat and plans meeting all conditions of approval. All of the above conditions shall be met prior to the City accepting an application
for final plat and prior to the commencement of any grading activity on the site.
29. That approval of the preliminary plat be contingent on Street D access to 10th Street.
30. That the Royal Golf Club development will not have street lights except at street intersections and that a photometric analysis be done by the developer to ensure the clubhouse parking lot
lighting is compliance with the City’s lighting ordinance.
City Council Resolution 2017-047
31. That the developer work with the adjacent property owners to get an agreement in place for screening and that it be incorporated into the final landscape plans.
32. that the developer address the Public Works Directors concerns as they pertain to the lift
station designs as identified in a Public Works memorandum dated 5/19/2017
Passed and duly adopted this 6th day of June, 2017 by the City Council of the City of Lake Elmo, Minnesota.
______________________________ Mike Pearson, Mayor
ATTEST:
_____________________________
Julie Johnson, City Clerk
2350 BAYLESS PLACE • ST. PAUL, MN • 55114
PHONE: 651.646.1020 • EMAIL: STEPHEN@LANDARCINC.COM
LANDSCAPE ARCHITECTURAL REVIEW REPORT LAKE ELMO, MN
PROJECT: THE ROYAL GOLF CLUB AT LAKE ELMO
LANDSCAPE ARCHITECTURAL REVIEW DATED MAY 31, 2017 REVIEWED: • TREE PRESERVATION PLAN T1-T25, DATED 4/7/2017 • LANDSCAPE PLANS L1-L16, DATED 5/4/2017 The submitted Tree Preservation Plans & Landscape Plans are NOT in compliance with the City’s requirements and therefore are NOT APPROVED until items listed below are addressed. Once below required action items are addressed please resubmit entire package for City re-review. Action Items 1-4 are required prior to achieving grading plan approval for phase one. 1. Clarify that the list on the top right of the Tree Preservation Plan T24 of 24 that refers to total caliper inches from individual shots is inclusive of total caliper inches of significant trees only. We are uncertain if that list includes all caliper inches of both significant and non-significant trees. 2. Add City Detail LP1.0 – Tree Protection Detail to Tree Preservation Plan. 3. Add Note to Tree Preservation Plan: All tree protection measures to be field staked prior to installation. Contractor to coordinate field review of proposed tree protection locations with the City and Project Forester /Landscape Architect prior to any tree protection installation. 4. Per Ordinance 154.257 3m: Signature of the professional (forester or landscape architect) preparing report shall be on the submitted plan. Action Items 5 - 22 required prior to achieving landscape plan approval 5. It appears grading limits have increased since last landscape plan submission dated 2/10/2017. Therefore, update Landscape Data Chart on top of plan L1 of 16 to reflect new “Developed or Disturbed by Development Activity”. 6. Upon final approval of the Tree preservation plan we will revisit final planting requirements for the project. 7. The current design appears to maximize meeting tree replacement and landscape requirements creating a landscape to be devoid of high quality landscape spaces and crowding of trees which may lead to other
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2350 BAYLESS PLACE • ST. PAUL, MN • 55114
PHONE: 651.646.1020 • EMAIL: STEPHEN@LANDARCINC.COM
plant health issues in the near future. City Staff recommends management of existing woodlands, wetlands, shorelines as well as establishing pollinator friendly native prairie type habitat & plantings on-site in lieu of some of the required tree plantings. 8. There is an overabundance of Maple species in the Plan Schedule. Staff recommends replacing Celebration Maple on Plant Schedule with another Genus such as Kentucky CoffeeTree to promote more diversity. Some nice cultivars that are male and absent of fruit are Kentucky Decaf or Kentucky Espresso. Celebration Maple have not been very available in the industry at the present time and there are already 6 plus Acer (Maples) Species specified for project when you include Machine Moved Maples. 9. It is recommended that Plant Schedule – specify ornamental trees, 1.5” Caliper Nursery Stock Size as either #25 container or B& B to give more options for suppliers to meet your request of quality nursery stock for the Project. 10. Specify list of trees with sizing to be utilized for planting within single family residential lots by Builders. 11. It is recommended that the developer use the updated 2017 Planting Details & Notes Cut Sheets - LP2.0, LP2.1, LP2.2, LP2.3, LP2.4, LP2.5 & LP2.6 at full scale on your full size sheets for future revisions (do not scale cut sheets) as it appears all of the conditions exist on your project site. 12. Revise Street Tree layouts in plan to be consistent with required setbacks from curbs, sidewalks and other known obstacles (fire hydrants, signs, lighting, etc.). Although not required, a more consistent spacing of street trees is preferred, approximately 50 feet on center. A tighter spacing of trees may be considered. 13. Provide more information in regard to final location and design of entry signage monuments and surrounding landscape spaces. 14. Please coordinate with the Project Engineer to eliminate conflicts between proposed trees and plantings within stormwater ponds and infiltration areas to ensure that they are outside of the maintenance benches. 15. Provide irrigation plans for any proposed or renovated irrigation systems in accordance with Lake Elmo Landscape Irrigation Specification 32 84 01 GENERAL DEVELOPMENT 2016-11-14.pdf & The City of Lake Elmo Irrigation Details IR1.0 & IR1.1 16. Provide reference to & information on your plans for all landscape areas in accordance with Lake Elmo Planting Specification 32 90 00.pdf & Lake Elmo Engineering-Spec 3292 Turf Establishment.pdf
17. Submit a multi-year written plan with graphics to illustrate how you
are planning on maintaining all of the landscape areas on-site for
the length of warranty period / establishment. 18. Provide more detailed information on street median landscaping. 19. Verify that Sugar Maples are not being specified as boulevard trees as they don’t perform very well in that application unless irrigated. 20. On sheet L9 please provide more space for proposed Arborvitae to grow to minimize future encroachment onto proposed trails and to clear sightlines which give the perception of actual safety because people can see what is ahead and around them and if other people are visible.
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2350 BAYLESS PLACE • ST. PAUL, MN • 55114
PHONE: 651.646.1020 • EMAIL: STEPHEN@LANDARCINC.COM
21. Provide written authorization from the Homestead HOA and MN Land Trust for landscaping on HOA open space. 22. Provide sufficient plan detail to ensure the proposed landscaping on the Homestead HOA open space does not impact individual septic systems or back up septic system areas. LANDSCAPE ARCHITECTURE, INC.
STEPHEN MASTEY, ASLA, CLARB, LEED AP LANDSCAPE ARCHITECT
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
MEMORANDUM Date: 5/19/2017 To: Stephen Wensman, City Planning Director From: Rob Weldon, Public Works Director Subject: Royal Golf Club Lift Stations
This memo is intended to outline some of the conditions that will exist at the three lift station locations within the Royal Golf Club Development. It is imperative, that in the future the city has greater input in selection and location of lift station sites with regards to accessibly, location to structures and site sizing.
Northeast Site: 1. Long driveways require more maintenance and make it difficult to bring large vehicles in for annual/bi annual contractual preventative maintenance. Large trucks require wider turning radius and more room to maneuver. This particular driveway had to be widened
4’ and turning radius increased to allow for maint. vehicles. 2. Control panel and generator pad had to be shifted to provide screening from nearby residential structures. This requires regrading of the site to allow for adequate room. South Site: 1. This site posses complications due to limited space between the road to the west and low land to the east. 2. We will have complications bringing larger equipment into this site to perform annual/bi-annual maintenance. It is likely that this equipment will have difficulty turning into this
site and also, it is possible that a portion of the vehicle could extend into the street. 3. Turning around in this site will be very tight. Vehicles may have to back out into the street daily if there is not adequate room to turn around. Northwest Site: 1. This site is too close to residential properties. Residents will hear backup alarms on a daily basis. 2. When annual/bi-annual maintenance is performed, those vehicles will extend into the street and cause traffic problems.
3. The emergency generator will be very noticeable to residents when it runs. Generators typically are exercised weekly to ensure proper operation during emergency outages. 4. Odors from the lift station will be noticeable to residents.
CENTRAL REGION 1200 WARNER ROAD SAINT PAUL, MN 55106 651-259-5800
5/30/2017
Stephen Wensman
Planning Director
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: MNDNR Review of Shoreland Planned Unit Development (PUD) Density for Royal Golf Club PUD/Preliminary Plat
(Location: UTM X:510311; Y:4979214)
Stephen –
The Royal Golf Club is a residential planned unit development (PUD) located at the site of the former Tartan Golf Course
and includes shoreland district areas from four public waters: Lake Elmo (82010600), Horseshoe Lake (82007400), Rose
Lake (82011200), and Downs Lake (82011000). MNDNR has reviewed this PUD/Preliminary Plat and determined that it
meets state shoreland residential PUD density requirements as proposed (100 single family units).
Overall open space for the PUD is 50.5%. Before final approval of this PUD by the City of Lake Elmo, the preservation and
maintenance of open spaces through deed restrictions, covenants, permanent easements, public dedication or other
equally effective and permanent means must be in place (MN Rules 6120.3800 Subpart 5 C).
Density has been reduced from 111 to 100 units from what was presented in the concept PUD design and additional
efforts have been made by the developer to minimize impacts to shoreland areas. The project does not include riparian
lots (which has the result of reducing density in Tier 1 areas), residential structures will meet required OHW setbacks,
and shore impact zones will be at least 70% open space.
Prior to final PUD approval, please determine that the percent impervious of the development meets the maximum 25%
impervious surface limit required in shoreland areas. Also, please insure that the project meets the required 30 foot
minimum structure setback from top of bluffs.
Thank you for the City’s diligent work at applying the state shoreland PUD standards and for working to improve the
design of this project to reduce impacts to steep slopes, shore impact zones, bluff zones, and vegetated areas.
Sincerely,
Jenifer Sorensen, East Metro Area Hydrologist
MN Department of Natural Resources
1200 Warner Road, St. Paul, MN 55106
651-259-5754; jenifer.sorensen@state.mn.us
CC: Dan Petrik, MNDNR Land Use Specialist
Page 1
STAFF REPORT
DATE: 6/6/2017
REGULAR
ITEM #: 18
MOTION
TO: City Council
FROM: Stephen Wensman, Planning Director
AGENDA ITEM: Parcel A – Schiltgen Property Concept PUD
REVIEWED BY: Emily Becker, City Planner Jack Griffin, City Engineer
Mike Bent, Building Official Greg Malmquist, Fire Chief Ann Pung Terwedo, Senior Planner, Washington County
BACKGROUND:
GWSA Land Development is requesting approval of a concept planned unit development (PUD) for a portion of the Schiltgen Farm at the corner of CSAH 14 and CSAH 17. The Concept PUD proposes 279 detached single family dwellings on 99.12 acres with a net density of +/- 2.9 dwelling units per acre (DUA). A portion of the property is within the Sunfish Lake shoreland and subject to the shoreland
ordinance regulations. The Planning Commission held a public hearing and reviewed the concept PUD plans on May 22, 2017
and made a recommendation with conditions based on findings. ISSUE BEFORE COUNCIL: The City Council is being requested to adopt Resolution 2017-061 approving the Concept PUD plans for the development on Schiltgen Farm, Parcel A. PROPOSAL DETAILS/ANALYSIS: The Concept Plan was reviewed by the Planning Commission and the Commission provided review comments. The Concept PUD is based upon the development being granted bonus density through the PUD, but has not provided concept plan details to justify the additional density. The developer has revised his narrative to explain how he expects to meet the requirements for amenity points, justifying the proposed density. From a Staff perspective, the developer may describe how he intends to meet the requirements for amenity points, but until the concept plans or preliminary plans actually show the
amenities, the points cannot be awarded. Therefore, the density in the concept plan should be approved conditionally, only if the developer can provide justification for the needed amenity points with the preliminary plat submittal (a new staff recommended condition). The Planning Commission discussed the development and the primary issues discussed were about justification for the density, the inadequacy of the open space overlay buffer on the north and west sides of the property, the need to provide street stubs to adjacent development, and setback modifications.
City Council Meeting
June 6, 2017 Regular Agenda item #18
Page 2
The Parks Commission reviewed the concept PUD plans and recommended that the City accept cash in lieu of park land dedication with the final plat, although the City’s Comprehensive Parks System Plan
identifies the need for a neighborhood park in this area. The Commission recommends a public trail, consistent with the Comprehensive Trail plan as long as the Hamlet on Sunfish’s trails can be dedicated to the City, which is acceptable to the Sunfish HOA as long as the trail corridor can be surveyed by the City
for conveyance. One item discussed briefly during the Planning Commission review was the request by the Chavez family for a road access to their parcel located about 380 feet to the southwest of the proposed development. The Chavez family is interested in selling their lot as a buildable parcel and to do so, it will need road access. The Chavez family is having the property surveyed in order to determine the buildable area on the property after shoreland and zoning setbacks are considered. The Chavez family will also likely be requesting a comprehensive plan amendment and zoning map amendment in order to connect to city sewer and develop as an urban parcel. To date, Staff is uncertain whether the lot is buildable and whether there is any obligation to provide access. FISCAL IMPACT: There are no fiscal impacts at this time. When the property develops, it will have urban services and will
pay sewer and water connection charges, building permit fees and the like. The development will also provide needed sewer connection to the Hamlet on Sunfish, which will solve an ongoing environmental threat to the City.
Planning Commission/Public Hearing: Two residents spoke at the public hearing held on May 22 with concerns about traffic on CSAH 17 and the proposed densities. The Planning Commission recommended approval (7-0) with the the following conditions:
• Condition # 12 was modified to read, “That the developer provide off-street parking for the
proposed HOA clubhouse/pool area.
• That the side yard setbacks be 10 ft. / 5 ft. consistent with the V-LDR zoning district or as an
alternate, 7.5 ft. /7.5 ft. on each side, including window wells being outside of utility easements.
• That the Village Parkway design be carried through in this development with the southern road at
least to the first street stub providing access to the south.
• Condition #1 was stricken. The Planning Commission added the following findings:
• The current concept PUD plan does not provide justification for a density bonus of more than 10 points under the City PUD Ordinance
• The proposed green space buffers on the north and west are too narrow as shown
• The Planning Commission is open to reducing the front yard setback for side loaded garages to 20 feet provided here is sufficient architectural detail on street facing facades.
OPTIONS: The Council has the following options: 1. Adopt Resolution 2017-061 approving the concept PUD plans with the conditions and findings
recommended by Staff and the Planning Commission
City Council Meeting
June 6, 2017 Regular Agenda item #18
Page 3
2. Amend Resolution 2017-061 approving the concept PUD plans with amended conditions and findings
3. Deny Resolution 2017-061 and provide findings for denial to be drafted into a new resolution at the next meeting. RECOMMENDATION: Staff and the Planning Commission recommend that the City Council approve the Concept PUD plans for Parcel A – Schiltgen property with the following motion: “Motion to adopt Resolution 2017-061 approving the PUD Concept Plan for Parcel A – Schiltgen property subject to conditions and based on findings. ATTACHMENTS:
• Resolution 2017-061
• Revised Applicant Narrative for City Council meeting
1 Resolution 2017-061
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-061 RESOLUTION APPROVING A THE GWSA LAND DEVELOPMENT’S PARCEL A - SCHILTGEN CONCEPT PUD PLANS
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, 10850 Old County Road 15, Suite 200
Plymouth, MN 55441 submitted an application to the City of Lake Elmo (City) for a Concept
PUD Plan for a 279 detached single family residential planned unit development on 99.12 acres, a copy of which is on file in the City of Lake Elmo Planning and Zoning Department; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on May 22, 2017 to consider the Concept PUD approval request; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Concept PUD subject to 16 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Concept PUD as part of a memorandum to the City Council
from the Planning Director for the June 6, 2017 Council Meeting; and
WHEREAS, the City Council reviewed the application at its meeting held on June 6, 2017 and made the following findings of fact:
1. That the PUD Concept Plan is consistent with the intent of the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2. That the PUD Concept Plan complies with the general intent of the Village-Urban Low
Density Residential zoning districts with PUD modifications. 3. That the PUD Concept Plan generally complies with the City’s Subdivision regulations. 4. That the PUD Concept Plan is generally consistent with the City’s engineering standards with exceptions as noted in the City Engineer’s memorandum dated May 8, 2017. 5. The PUD Concept Plan meets the minimum requirement for a PUD including minimum lot area, open space and street layout. 6. The PUD Concept Plan meets more than one of the required PUD objectives identified in
Section 154.751 including providing: 1) more adequate, usable, and suitably located open space and recreational amenities and other public facility than would otherwise be provided under conventional development techniques. 2) Preservation and enhancement
2 Resolution 2017-061
of important environmental features through careful and sensitive placement of buildings
and facilities, and 3) Allowing the development to operate in concern with a redevelopment plan in certain areas of the City and to ensure the redevelopment goas and objective will be achieved. 7. The current concept PUD plan does not provide justification for a density bonus of more than 10 points under the City PUD Ordinance
8. The proposed green space buffers on the north and west are too narrow as shown
9. The Planning Commission is open to reducing the front yard setback for side loaded garages to 20 feet provided here is sufficient architectural detail on street facing facades.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Concept PUD Plans for Parcel A – Schiltgen prepared by GWSA Land Development subject to the following conditions:
1. That the future preliminary plat and preliminary PUD Plans submittal identify all requests for flexibility from the V-LDR zoning district.
2. That all comments of the City Engineer’s Memorandum dated May 8, 2017 be addressed with the future preliminary plat and preliminary PUD Plans submittal.
3. That a shoreland tier analysis be provided with the future preliminary plat and
preliminary PUD Plans submittal with the required 50% protected open space.
4. That the developer provide trails as recommended by the Parks Commission.
5. That any approval be contingent on complying with Washington County’s requirements and requests pertaining to right-of-way, turn lanes and trail needs.
6. That the preliminary plat and preliminary PUD Plans submittal include a landscape and
buffering plan to address open space overlay area requirements.
7. That 6 ft. sidewalks be provided on one side of all city streets.
8. That wetlands and wetland buffer areas be contained on outlots outside of lot areas.
9. That fees in lieu of park land dedication be provided as required by 153.14 with future final plat.
10. That the preliminary plat and preliminary PUD Plans submittal include a detailed subdivision phasing plan which includes a timeline for providing sanitary sewer to the Hamlet development.
11. That the preliminary plat and preliminary PUD Plans submittal include off-street parking for the proposed HOA clubhouse/pool area.
12. That the preliminary plat and preliminary PUD Plans submittal include a detailed architectural plan and clearly identify the various architecture styles and locations for them on the plans.
13. That the developer comply with any comments to be provided by the MnDNR.
3 Resolution 2017-061
14. That the side yard setbacks be 10 ft. / 5 ft. consistent with the V-LDR zoning district or
as an alternate, 7.5 ft. /7.5 ft. on each side, including window wells being outside of utility easements.
15. That the Village Parkway design be carried through in this development with the southern road at least to the first street stub providing access to the south.
16. That the density shown in the concept plan is not presently justified, but may be
considered with the preliminary plat submittal.
Passed and duly adopted this 6th day of June, 2017 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor ATTEST:
____________________________________
Julie Johnson, City Clerk
Lake Elmo Parcel A
PUD Concept Plan Narrative
May 31, 2017
This narrative is a supplement to the one prepared on April 20th in preparation for the Planning
Commission meeting to help address and answer some of the concerns of the Commission.
Amenity Points:
- Additional Open Space - At least 20% of the project area not within street right-of-way shall be
preserved as open space to qualify for a PUD. Our development includes 23% open space within the
project area. We are also dedicating an additional 7+/- acres of open space east of Reid Park.
Although not included in the immediate project area, the dedication will increase the open space to
32% - 12% more than required amounting to nearly 10 acres. Amenity Points – 10
- Pedestrian Improvements – A trail network wasn’t shown on the sketch plan as we anticipated City
input into the location and direction of trails. We plan to install and connect to existing trail
networks to create connectivity. It was mentioned by Planning Commission that this isn’t worthy of
amenity points since it’s included in the Comprehensive Plan, but I haven’t found in the PUD
ordinance where it states the amenity be in addition to what is required in the Comprehensive Plan.
The trail will be an amenity for the residents of Lake Elmo. Amenity Points – 5
- Theming – Development signage, fencing, landscaping, lighting, and site furnishings, including the
clubhouse will adhere to the Lake Elmo Branding and Theming study. We do not have a clubhouse
design yet, but it will pay tribute to the Lake Elmo heritage. Amenity Points – 3
- Plaza – The definition states that “the development shall include some form of plaza or public square
that is wholly or partly enclosed by a building. Plazas are landscaped or paved open areas that shall
have a minimum area not less than 1,000 square feet. Plazas for commercial or mixed-use
developments shall be open to the public during daylight hours.” Our development is proposing a
Pool and Clubhouse area with a tot lot that is 0.90 acres, roughly 39,000 square feet. This area is a
gathering spot for the entire neighborhood and will be used for community gatherings, meetings and
events. It was mentioned in the Planning Commission meeting that this amenity point was meant for
public use and doesn’t qualify. As stated in the definition above, Plazas for commercial and mixed-
use are designed to be open to the public, leading me to deduct that it is not a requirement for
residential and therefore is worthy of amenity points. Amenity Points – 5
- Public Right-of-Way – The definition states “dedication of land and construction of a public road,
trail, pathway, or greenway that is part of an approved city plan, but outside the scope of the
immediate project area.” This can be interpreted in different ways, but the dedication of 7 acres of
land east of Reid Park to go along with the 2.8 acres previously dedicated with Village Preserve
meets one of the specific objectives outlined in the Comprehensive Plan Village Land Use Plan
under Parks and Trails. The expansion of Reid Park is listed multiple times as a Natural Resource
Preservation area and is highlighted on Village Open Space Plan. The addition of land east of Reid
Park is specifically mentioned in the Comprehensive Village Land Use Plan multiple times and even
highlighted as an opportunity to acquire environmentally sensitive lands that could be incorporated
into recreation. Amenity Points – 5-10
- Site Amenities Not Listed – The PUD ordinance also states that “The City may also consider the
allotment of amenity points for site amenities that are not otherwise specified within this ordinance
as part of the preliminary plan phase of the planned development.” If the City doesn’t find that
amenities listed above fall into the appropriate amenity description as stated, we are asking for
consideration for the Reid Park expansion, Pool, Clubhouse and tot lot, additional open space with a
3.3 acre park under this category. Amenity Points – 10+ (if not considered elsewhere).
In addition to those things mentioned above, we are seeking amenity point consideration for
expanding the sewer at an accelerated rate to Hamlet of Sunfish Lake. “Building Partnerships” is
listed in the Village Land Use plan as guiding principle #8 – as stated in my first narrative, we are in
a position to develop this property well ahead of schedule due to a partnership with the City and two
other local developers that teamed to pay for the sewer extension north from Reid Park to Lake Elmo
Avenue. We are bringing this project forward at this time in a continued effort to partner with the
City as well as the Hamlet of Sunfish Lake community by extending the needed sewer west through
our property to Hamlet. Amenity Points - 10
And last, a portion of the neighborhood will include snow removal and mowing for the age targeted
cottage lots. Amenity Points – 2
Lot Area and Width:
As mentioned in the narrative, we are seeking a reduction in the minimum lot width and area. We feel
based on our experience in Village Preserve and the supply of approved lots with V-LDR minimums, the
smaller lots provide us the best opportunity to move forward with a project at this time. This will also
allow us to provide a number of different housing choices for families of all sizes and ages. It should be
noted that the minimum lot area for V-LDR is 9,000 sf and the average lot area we are proposing is
9,424sf taking the residential lot area of the entire development and dividing by the number of lots.
Front Yard and Side Yard Setbacks:
We feel this is the most important of the variances we are requesting. We are proposing a smaller front
yard setback on a portion of the lots to accommodate a side loaded garage for our Cottage Lots. In other
communities we have developed for this product, it is common and often preferred by Cities to have as
small as a 10’ setback as it reduces impervious surface and leads to a visually more appealing streetscape.
The larger the setback, the farther the front door gets pushed back to accommodate the side-loaded garage
requiring additional driveway.
In addition, but just as important, we would also like to receive a variance on the side yard setbacks.
Instead of the 5’/10’ and/or 7.5’/7.5’, we are asking for 8’/6’ or 7’/7’ with living space on both sides. The
extra foot will give our builders more flexibility and allow them to offer a larger variety of housing types
and amenities within the home.
Buffer:
The aerial view shows that there is already a large amount of buffer and open space around our
development area. The aerial also shows distances to the closest structures with the closest being 235’.
We are proposing a landscaped berm as a buffer in areas that aren’t already heavily screened or adjacent
to natural buffers such as a large stand of trees and wetland. We would prefer to use the large amount of
open space provided within the development where it is more usable.
Pool & Clubhouse Parking:
In our experience, it has worked best to provide a cut-out for temporary drop-off and pick-up vs a
dedicated parking lot for the pool & clubhouse area. The trails and sidewalks offer easy access and
promote walkability. It also lessens the burden on the HOA for maintenance and policing of parking for
guests and other visitors.
STAFF REPORT
DATE: June 6, 2017
REGULAR
ITEM #: 19
AGENDA ITEM: Planning Commission Appointment
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: On May 17, 2017, Commissioner Gary Fields submitted his resignation effective immediately from the Planning Commission. As a result, Jesse Hartley is moved to a voting member and will
serve out the remainder of Fields’ term (expiring 12/31/19) and Terry Emerson moves from 2nd
Alternate to 1st Alternate. This leave the position of 2nd Alternate open. ISSUE BEFORE COUNCIL: Who should Council appoint as 2nd alternate to the Planning Commission?
PROPOSAL: Tucker Pearce and Stuart Johnson have submitted applications. Applications were emailed to Council for their review prior to the meeting. Pearce currently serves as the 2nd alternate on the Parks Commission. He is more interested in serving on the Planning Commission and would
resign his Parks Commission seat if appointed to Planning.
OPTIONS: 1) Appoint Tucker Pearce as 2nd alternate to the Planning Commission 2) Appoint Stuart Johnson as 2nd alternate to the Planning Commission
3) Appoint someone else as 2nd alternate to the Planning Commission
RECOMMENDATION: Motion to appoint _____________ as 2nd alternate to the Planning Commission.
ATTACHMENTS:
None