HomeMy WebLinkAbout2016.08.15 CC PacketAGENDA
HUGO CITY COUNCIL
MONDAY, AUGUST 15, 2016 - 7:00 PM
HUGO CITY HALL
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. HBA Showcase at Gallivan Insurance on July 28, 2106
2. City Council Meeting on August 1, 2016
3. National Night Out on August 2, 2016
4. Town Hall Meeting on August 4, 2016
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. Donation to Yellow Ribbon Network from St. Louis Park American Legion
2. Approve Resolution Supporting U.S. Bicycle Route 41 Bike Trail — Liz Walton, DNR
3.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion and a roll call vote. If a member of the City Council or
the public wishes to discuss an item, that item will be removed from the Consent Agenda and
will be considered separately.
1. Approval of Claims
2. Approve Annual Performance Review for Public Works Worker Matt Klein
3. Approve Ordinance Opting out of Family Temporary Health Care Dwellings Statute
4. Approve Resignation of Firefighter Michael Wamsley
5. Approve Amendments to the Hugo Firefighters Relief Association Bylaws
6. Approve Resolution Approving Interim Use Permit for Bolicek-9480 140th Street
7. Approve Resolution Approving Final Plat and Development Agreement for
Clearwater Cove 3rd Addition
8. Approve Resignation of Administrative Intern Taylor Richter
9.
10.
11.
12.
13.
H. PUBLIC HEARING
1. Public Hearing on the Vacation of Easement over Outlot H, Clearwater Cove
I. UNFINISHED BUSINESS
1. Discussion on Waters Edge Stormwater Reuse Project and Approve Agreement
with Rice Creek Watershed District
2.
J. NEW BUSINESS
1. Discussion on Utility Billing for Rental Units
2.
K. VISITOR PRESENTATIONS
1.
2.
L. COUNCIL PRESENTATIONS
1. Yellow Ribbon Network Update
2.
M. ADMINISTRATIVE PRESENTATIONS
1. Ribbon Cutting for Washington County Public Works North Shop on August 20,
2016
2. Midyear Budget Workshop on Monday, August 22, 2016
3. Northeast Metro Water Summit on Thursday, August 25, 2016
4. Stillwater Area School District Tour Saturday, August 27, 2016
5. Hugo Fire Department Open House on Saturday, October 1, 2016
6. Fall Cleanup on Saturday, October 8, 2016
7. Schedule Annual Citywide Bus Tour for Saturday October 8, 2016
8. Schedule EOC Tabletop Exercise with the Hugo Fire Department
9.
N. ADJOURNMENT
BACKGROUND MEMO FOR THE HUGO CITY COUNCIL MEETING
MONDAY AUGUST 15, 2016
DA HBA Showcase at Gallivan Insurance on July 28, 2106
D.2 City Council Meeting on August 1, 2016
D.3 National Night Out/Community Night Out on August 2, 2016
DA Town Meeting with Tom Emmer on August 4, 2016
Staff recommends Council approve the above meeting minutes as presented.
F.l Donation to Yellow Ribbon Network from St. Louis Park American Legion
The Yellow Ribbon has been notified by the St. Louis Park American Legion that they wish to
make a donation to the Hugo YRN for their upcoming Pheasant Hunt. A member of the St.
Louis Park American Legion will present the donation.
F.2 U.S. Bicycle Route 41 Bike Trail — Liz Walton, DNR
U.S. Bicycle Route 41 will be approximately 325 miles long and connect existing roads and
trails between St. Paul and Grand Portage State Park. It is part of a new nation-wide bicycle
network and designated as a priority corridor in Minnesota's Statewide Bicycle System Plan.
Four public hearings were held in June where comments were received on the proposed route as
well as names for the new route. The second round of public workshops are being held this
month where the draft route map will be presented. MN DOT anticipates the route will receive
official designation by fall 2016. Liz Walton from the MN DOT will be present to provide more
information on the route and request Council approve a resolution supporting U.S. Bicycle Route
41 through Hugo.
GA Approval of Claims
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Annual Performance Review for Public Works Worker Matt Klein
Public Works Worker Matt Klein was hired by the City of Hugo on August 27, 2012. Public
Works Director Scott Anderson recommends Council approve the Annual Performance Review
for Public Works Worker Matt Klein.
G.3 Approve Ordinance Opting out of Family Temporary Health Care Dwellings Statute
At its July 18, 2016 meeting, Council considered a new law that created a process for landowners
to place a temporary residential dwelling on their property to serve as a family health care
dwelling. This bill was signed by Governor Dayton on May 12, 2016, and will go into effect
September 1, 2016. This would automatically apply to all cities that do not opt out or do not
already allow temporary family health care dwellings as a permitted use under their local
ordinances. After discussion, Council directed staff to draft an ordinance to opt out of the statute
to provide temporary health care dwellings. Staff recommends Council approve the Ordinance
that opts -out of the requirements of Minnesota Statutes, Section 462.3593.
GA Approve Resignation of Firefighter Michael Wamsley
On August 2, 2016, probationary Firefighter Michael Wamsley submitted his letter of resignation
from the Hugo Fire Department. Fire Chief Kevin Colvard recommends Council accept the
resignation of Michael Wamsley from the Hugo Fire Department.
G.5 Approve Amendments to the Hugo Firefighters Relief Association Bylaws
On June 28, 2016, the membership of the Hugo Firefighter's Relief Association approved
changes to their bylaws and are seeking City Council ratification. The primary reason for
amending bylaws is to incorporate any change in the lump -sum benefit level. The benefit level
was increased to $3,300 per year of service earlier this year. But the membership also made a
number of other changes. Most of the changes were small housekeeping measures, but some of
them carry some significance. City staff has reviewed the bylaws as presented and recommends
Council ratification.
G.6 Approve Resolution Approving Interim Use Permit for Bolicek-9480 140' Street
The applicant is requesting approval of an interim use permit for a home occupation for a
brewing operation on property located at 9480 140th Street North. The property is 40 acres and
is located in the Agricultural zoning district. The applicant is allowed to ask for flexibility on six
of the general standards for home occupations since the proposed home occupation is located in
the rural area of the City. The applicant has requested flexibility on three of these standards,
which include flexibility on the use of accessory structures, number of vehicle trips, and number
of employees. It is in staff's opinion that the flexibility requested based on the general standards
is reasonable. Staff recommends approval of the resolution approving the home occupation
interim use permit for 9480 140th Street North.
G.7 Approve Resolution Approving Final Plat and Development Agreement for
Clearwater Cove 3rd Addition
D.R. Horton is requesting approval of a final plat in order to plat 14 residential lots and 1 outlot
on a 10 acre parcel located south of Frenchman Road (CSAH 8) and east of Everton Avenue
North. The site is currently a vacant outlot. The final plat will plat 14 lots from the approved
Clearwater Cove preliminary plat. There are no changes to the lots from the preliminary plat.
The lots meet the minimum lot standards and requirements outlined in the regulations for the
Clearwater Cove PUD. Staff recommends approval of the resolution approving the Final Plat and
Development Agreement for Clearwater Cove 3rd Addition.
G. 8 Approve Resignation of Administrative Intern Taylor Richter
Taylor Richter was hired on December 21, 2015 at the Administrative Intern. Taylor recently
accepted a position with the City of Maple Plain and will begin employment on August 23, 2016.
Staff recommends Council accept the resignation of Administrative intern Taylor Richter
effective August 19, 2016.
H.1 Public Hearing on the Vacation of Easement over Outlot H, Clearwater Cove
D.R. Horton is requesting a vacation of the existing drainage and utility easement located over
Outlot H, Clearwater Cove. The outlot will be used for the development of Clearwater Cove 3rd
Addition. New drainage and utility easements will be placed on the lots at the time the final plat
is recorded. Staff is comfortable with the applicant's requests to vacate the drainage and utility
easements. Staff recommends that the City Council open the public hearing, take all comments,
and approve the notice to vacate the drainage and utility easement located over Outlot H,
Clearwater Cove.
I.1 Discussion on Waters Edge Stormwater Reuse Project and Approve Agreement with
Rice Creek Watershed District
Met Council had approved RCWD's application in support of the Water's Edge Stormwater
Reuse Project in the amount of $200,000. This money will provide partial funding for
construction of a stormwater reuse system that will draw from a stormwater basin within the
Water's Edge residential development for irrigation purposes, which will reduce groundwater
appropriation demands and will reduce the introduction of phosphorus and other pollutants to
waters. A detailed work plan and budget for the project was done and a grant agreement has been
drafted. Staff recommends Council approve the Memorandum of Agreement for the Water's
Edge Stormwater Reuse Project.
J.1 Discussion on Utility Billing for Rental Units
The City of Hugo has been spending increasing amounts of administrative time in regard to the
utility billing for rental properties. Staff will explain this issue to the Council and propose
possible changes in City Code in order to create a consistent system and relieve the issues.
K.1 Yellow Ribbon Network Update
Council Member Chuck Haas and Council Member Phil Klein will report to Council on the
Yellow Ribbon Network activities held recently.
M.1 Ribbon Cutting for Washington County Public Works North Shop on August 20, 2016
The Council has been invited to attend the Ribbon Cutting for the New Washington County
Public Works north shop located at 11660 Myeron Road North in Stillwater. The ribbon cutting
will take place at 11:00 a.m.
M.2 Midyear Budget Workshop on Monday, August 22, 2016
The Council has scheduled the Midyear Budget Workshop to be held on Monday, August 22,
2016 at Hugo City Hall.
M.3 Northeast Metro Water Summit on Thursday, August 25, 2016
The Northeast Metro Water Summit will be held on Thursday, August 25, 2016 at Hugo City
Hall. The City will host a barbeque at 6:30 p.m. with the meeting beginning at 7 p.m.
MA Stillwater Area School District Tour Saturday, August 27, 2016
Local leaders have been invited to tour the Stillwater School District on Saturday, August 27,
2016 from 8-10 a.m. The tour will begin at the Stillwater Area High School.
M.5 Hugo Fire Department Open House on Saturday, October 1, 2016
The Hugo Fire Department will hold their Open House on Saturday, October 1, 2106 from 11
a.m. — 3 p.m. to celebrate Fire Prevention Week. The event will include a Fun Run to include a
5K and the Children's Trick -or -Treating Half -Mile Run that begin and end at the Hugo Fire
Department. Registration for the run events begins at 9:00 a.m.
M.6 Fall Cleanup on Saturday, October 8, 2016
Fall Cleanup will be held on Saturday, October 8, 2016 at the Hugo Public Works building. The
event will take place from 8 a.m. to noon.
M.7 Schedule Annual Citywide Bus Tour for Saturday, October 8, 2016
Annually, the City of Hugo holds a Citywide Bus Tour for Council, Commissions and residents
who would like to visit areas of interest in the City. The tour has been held on a Saturday
morning for the past several years and received good attendance. Staff recommends Council
schedule the Citywide Bus Tour for Saturday, October 8, 2016 at 10 a.m.
M.8 Schedule EOC Tabletop Exercise with the Hugo Fire Department
At its March 7, 2016 meeting, the Hugo Fire Department presented their annual report to
Council. Fire Chief Kevin Colvard asked if Council was willing to work on an Emergency
Operations Center (EOC) tabletop exercise, and the Council indicated they would. The Fire
Department has suggested the dates of October 10 or October 24, 2016.
N. Adiournment
MINUTES FOR THE HUGO CITY COUNCIL
HBA SHOWCASE
TUESDAY, JULY 28, 2016
4:00 P.M.
PRESENT: Klein, Miron, Petryk, Klein
ABSENT: Haas
Hugo Business Association hosted an annual networking event at the Gallivan Insurance Agency
at 12493 Forest Boulevard North. The event began at 4:00 pm and included games and food.
Respectfully submitted,
Michele Lindau
Hugo City Clerk
MINUTES FOR THE HUGO CITY COUNCIL MEETING ON AUGUST 1, 2016
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
PRESENT: Haas, Klein, Miron, Petryk, Weidt
ABSENT: None
ALSO PRESENT: City Administrator Bryan Bear, City Engineer Jay Kennedy, City Attorney
Dave Snyder, and City Clerk Michele Lindau
Approval of Minutes for the July 14, 2016 Forest Lake YMCA Open House
Klein made motion, Miron seconded, to approve the minutes for the YMCA Open House on July
14, 2016 as presented.
All Ayes. Motion carried.
Approval of Minutes for the July 18, 2016 City Council Meeting
Klein made motion, Petryk seconded, to approve the minutes for the July 18, 2016 City Council
minutes as presented.
All Ayes. Motion carried.
Approval of the Agenda
Weidt made motion, Miron seconded, to approve the agenda as amended by removing approval
of a resolution regarding the assessment for Dee Davis from the Consent Agenda.
All Ayes. Motion carried.
Victor Gardens Groundwater Project Update — Resident Tony Schwab
In 2010 a project was completed in the Victor Gardens neighborhood to address groundwater
that was affecting a number of residents following the construction of their homes. This project
was done under the guidance of resident Tony Schwab. The project involved a series of pipes
connecting 14 homes to a ten -inch pipe that diverted the water to the storm system. This was
partially funded through a grant from the Rice Creek Watershed District Storm Water
Remediation Program. Maintenance was recently performed on the system, and Schwab
provided Council with an update.
Tony Schwab, 14262 Garden Way North, explained he recently had water in his basement.
Investigation showed there was standing water in the ten -inch pipe that should have been draining
into the pond. It was found that the pipe was blocked by willows roots growing into the system,
and he showed a video of himself pulling several feet of roots from the pipe. There were no
willows growing there when the system was built, and he want Council to be aware of the
potential for this to happen. Tony said, other than that, the system had been working flawlessly.
Hugo City Council Meeting Minutes for August 1, 2016
Page 2 of 5
Approval of the Consent Agenda
Miron made motion, Klein seconded, to approve the following Consent Agenda items.
1. Approval of Claims
2. Approve Annual Performance Review for Public Works Mechanic Dave Greeder
3. Approve Annual Performance Review for Public Works Director Scott Anderson
4. Approve Annual Performance Review for Public Works Lead Worker Mike Loeffler
5. Approve Resignation of Hugo Firefighter Richard Paul
6. Approve Pay Request No. 1 to Arnt Construction for 147th St./Oneka Lake
Improvement Project
All Ayes. Motion carried.
Approval of Claims
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Annual Performance Review for Public Works Mechanic Dave Greeder
Dave Greeder was hired by the City of Hugo as the mechanic in the Public Works Department
on August 8, 2005. Adoption of the Consent Agenda approved the annual performance review
for Public Works Mechanic Dave Greeder.
Approve Annual Performance Review for Public Works Director Scott Anderson
Scott Anderson was hired by the City of Hugo on August 11, 2003 as a Senior Engineering
Technician, and on August 5, 2008, Scott was promoted as the City's Public Works Director.
Adoption of the Consent Agenda approved the annual performance review for Public Works
Director Scott Anderson.
Approve Annual Performance Review for Public Works Lead Worker Mike Loeffler
Mike Loeffler was hired as a maintenance worker for the City of Hugo's Public Works
Department on August 5, 2002. On October 17, 2011, Mike was promoted to be the Public
Works Lead Worker. Adoption of the Consent Agenda approved the annual performance review
for Public Works Worker Mike Loeffler.
Approve Resignation of Hugo Firefighter Richard Paul
Hugo Probationary Firefighter Richard Paul has submitted his letter of resignation. Adoption of
the Consent Agenda approved the resignation of Richard Paul from the Hugo Fire Department
effective July 19, 2016.
Hugo City Council Meeting Minutes for August 1, 2016
Page 3 of 5
Approve Pay Request No. 1 to Arnt Construction for 147th St./Oneka Lake Improvement
Project
The City of Hugo has received Pay Request No. 1 from Amt Construction for the 147th Street
/Oneka Lake Boulevard street reconstruction project. City Engineer Jay Kennedy and Senior
Engineering Technician Steve Duff have reviewed the pay request and found it to be satisfactory
for work completed to date on this project. Adoption of the Consent Agenda approved Pay
Request No. 1 to Amt Construction in the amount of $112,578.59 for work completed to date on
the 147th Street Oneka Lake Boulevard street reconstruction project.
Approve Resolution to Remove Interest on Assessment for Dee Davis
Staff removed this from the agenda. At its October 3, 2011 meeting, Council approved a
resolution to defer the special assessment on property owned by Dee Davis, which is located in
the southwest corner of Hugo, west of Everton Avenue. Davis had requested the City remove
the accrued interest to date on the assessment and that the property not be subject to further
interest. Staff has prepared a resolution amending this provision. Dee Davis contacted staff and
requested this be removed from the agenda.
Renewal of Minim Permit for Dean Atkinson
A public hearing had been scheduled to consider the renewal of the Atkinson Mining Permit for
mining and excavation on their property located on the south side of 147th Street between Irish
and Hyde Avenue. For the past several years, the site has been used to stockpile material, with
no mining activity taking place. In 2012, the Council allowed the Atkinsons to move forward
with the Mining Permit renewal process without all the conditions being met until the time
mining operations begin again. The conditions not being met are the requirement to biannually
provide a topographic map of the site, calculation of stockpiled material, amount of granular
material left onsite to be mined, and a reclamation plan. The permit is required to be renewed
every two years. City Administrator Bryan Bear recommended Council hold the public hearing
and approve the renewal of the Atkinson Mining Permit.
Mayor Weidt opened the public hearing.
Mary Joan Gardner, 14481 Homestead Avenue North, had questions on the hours of operation,
controls to minimize noise and dust, and dedicated haul routes.
Bryan clarified that the permit has been in effect for a very long time but no mining was being
done on the site except removal of the stockpiled material. The Atkinson family wished to
maintain the right to mine. Bryan answered her questions, which were all addressed in the
conditions of the mining permit. Bryan stated that the City was not anticipating any activity on
the site, and all conditions and information would need to be updated if, and when, activity
begins.
Mike Atkinson, 6550 140th Street North, indicated the information Bryan shared was correct.
There were no other comments, and Mayor Weidt closed the public hearing.
Hugo City Council Meeting Minutes for August 1, 2016
Page 4 of 5
Haas recalled when the permit was renewed in 2012, the Council felt it would be expensive for
the Atkinsons to comply with all the conditions since mining was not taking place on the site.
They are required to comply if activity begins.
Haas made motion, Klein seconded, to approve the renewal of the mining permit for the
Atkinsons.
All Ayes. Motion carried.
Yellow Ribbon Network Report
Council Member Chuck Haas and Council Member Phil Klein reportencil on the recent
activities of the Yellow Ribbon Network. *1,,,l 0' ,
The Boy Scouts and Girl Scouts helped with the packing event, as well as many other volunteers.
There were 43 packages and 1,280 pounds of items sent to the National Guard and Military deployed
in Djibouti Africa. July Hamburger Night was sponsored by Wilson Tool, and 125 meals were
served. The Hugo Lions are hosting a golf scramble on August 14, 2016 with the proceeds going to
the YRN. The YRN is receiving many other sponsors for the Welcome Home Pheasant Hunt, and
troops are signing up.
National Night Out on Tuesday, August 2, 2016° a g............ <M
City Administrator Bryan Bear informed Council that National Night Out is scheduled for
Tuesday, August 2, 2016. The Council is invited to ride along with the Fire Department to
various neighborhood events and should meet at the Fire Hall at 6:30 p.m. Staff has posted this
as a meeting of the Council in anticipation of Council's participation.
Town Hall Meeting on Thursday, August 4, 2016
City Administrator Bryan Bear informed Council that Congressman Tom Emmer will be
holding a town hall meeting on Thursday, August 4, 2016 at 6:30 p.m. in the Council Chambers.
Staff has posted this as a meeting of the Council in anticipation of Council's participation.
Primary Election on Tuesday, August 9, 2016
City Administrator Bryan Bear reminded Council the Primary Election will take place on
Tuesday, August 9, 2016. Polling sites will be open from 7 a.m. to 8 p.m. Voting locations are
the Fire Hall, Rice Lake Centre, City Hall, and Oneka Elementary, depending on where you
lived.
Wilson Tool Picnic on Saturday, August 13, 2016
City Administrator Bryan Bear informed Council they were invited to attend the Wilson Tool
Picnic on Saturday, August 13, 2016 beginning at 2:30 p.m. Staff had provided Council with a
schedule of events. At its July 18, 2016 meeting, Council approved a Certificate of Appreciation
and a resolution recognizing Wilson Tool's 50 year anniversary. The City of Hugo is on the
schedule of events to present the award at 6:00 p.m.
Hugo City Council Meeting Minutes for August 1, 2016
Page 5 of 5
Petryk made motion, Klein seconded, to schedule the Wilson Tool Employee Picnic as a meeting
of the Council.
All Ayes. Motion carried.
Northeast Metro Water Summit on Thursday, August 25, 2016
City Administrator Bryan Bear informed Council that staff had asked other members of the NE
Metro Water Summit group what day would work best in the month of August to hold the next
meeting. Staff requested Council schedule the next NE Metro WatrSnmit far Thursday,
August 25, 2016 beginning at 6:30 p.m. with a barbeque. »»»>x#
Weidt made motion, Miron seconded, to schedule the next Northeast Water Summit for
Thursday, August 25, 2016.
All Ayes. Motion carried.
Reschedule September 5, 2016 Council Meeting to Tuesday, September 6, 2016 Due to
Labor Day Holiday
Each year, the Hugo City Council has to reschedule its first meeting in September due to the
Labor Day Federal Holiday. City staff recommended Council approve the rescheduling of the
September 5, 2016 City Council meeting to Tuesday, September 6, 2016.
Klein made motion, Petryk s
September 6, 2016
All Ayes. Motion�carried.
Adiournment
Klein made motion, Haas se
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau
City Clerk
the September 5, 2016 Council meeting to
adjourn at 7:38 p.m.
MINUTES FOR THE HUGO CITY COUNCIL
NATIONAL NIGHT OUT
TUESDAY, AUGUST 2, 2016
6:00 P.M.
PRESENT: Klein, Miron, Petryk, Klein
ABSENT: Haas
The Council met at the Hugo Fire Hall at 6:00 p.m. to gather and visit neighborhoods celebration
National Night Out. They were joined at several locations by the Hugo Fire Department
members and deputies from the Washington County Sheriff's Office
Respectfully submitted,
Michele Lindau
Hugo City Clerk��
MINUTES FOR THE HUGO CITY COUNCIL
TOWN HALL MEETING
THURSDAY, AUGUST 4, 2016
6:30 P.M.
PRESENT: Klein, Miron, Petryk, Klein
ABSENT: Haas
The Council attended the Town Hall Meeting at Hugo City Hall held by Congressman Tom
Emmer. The meeting began at 6:30 p.m. There were approximately 20 residents that attended.
Respe
Miche
Hugo
RESOLUTION 2016 -XX
A RESOLUTION OF THE CITY OF HUGO STATING ITS SUPPORT TO
DEVELOP AND IMPLEMENT U.S.BICYCLE ROUTE 41.
WHEREAS, bicycle tourism is a growing industry in North
America, presently contributing approximately $47 billion dollars a year nationally to the
economies of communities that provide facilities for said tourism; and
WHEREAS, the American Association of State Highway and
Transportation Officials (AASHTO) has designated a corridor connecting Saint Paul, to
Grand Portage State Park, via Duluth, to be developed as United States Bike Route 41;
and
WHEREAS, the Minnesota Department of Transportation has convened several
public open houses and offered online public comment opportunities throughout the
corridor to gather information and review route alternatives; and
WHEREAS, the Minnesota Department of Transportation in cooperation with
road and trail authorities have proposed a specific route to be designated as United States
Bike Route 41, a map of which is herein incorporated into this resolution by reference;
and
WHEREAS, the proposed United States Bike Route 41 traverses through the City
of Hugo and is expected to provide a benefit to local residents and businesses; and
WHEREAS, the Minnesota Department of Transportation will continue to
maintain statewide mapping and information regarding United States Bike Route 41,
convene meetings and facilitate resolving issues and future alignment revisions within the
State,
WHEREAS, the City of Hugo has duly considered said proposed route and
determined it to be a suitable route through the City of Hugo and desire that the route be
formally designated so that it can be appropriately mapped and signed, thereby promoting
bicycle tourism locally and throughout Minnesota along the corridor.
NOW THEREFORE IT IS HEREBY RESOLVED by the City of Hugo hereby
expresses its approval and support for the development of United States Bike Route 41
and requests that the appropriate government officials take action to officially designate
the route accordingly as soon as possible.
ADOPTED by the City Council this 11th Day of August, 2016.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
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DEVELOPING U.S. BICYCLE ROUTE 41 - ST. PAUL TO GRAND PORTAGE STATE PARK
U.S. Bicycle Routes — Background 0�0
• The U.S. Bicycle Route System is an emerging network of numbered cross country Aso sr
bicycle routes developed to connect people to cities and places.
• The AASHTO (American Association of State Highway and Transportation Officials)
Special Committee on Route Numbering officially designates each numbered route in 04�
the USBRS. cPoutS��
• MnDOT identified U.S. Bicycle Route 41 as a priority corridor in its Statewide Bicycle
System Plan.
• The Statewide Bicycle System Plan illustrates routes people can use to travel to
and between Minnesota cities by bicycle. The proposed routes were developed
based on comments from a cross-section of people statewide.
• USBR 41 will be Minnesota's second USBR. USBR 45/Mississippi River Trail is
the first. As of October 2015, 11,053 miles of U.S. Bicycle Routes have been
established in 23 states.
• Adventure Cycling Association is working with all 50 states to develop the U.S.
Bicycle Route System. A U.S. bicycle route can create more visibility for cycling
across the country and help expand bicycle tourism and enhance local
economies with little investment.
Planning U. S. Bicycle Route 41
• USBR 41 will link St. Paul to Grand Portage State Park, via Duluth. It will be
approximately 325 miles long.
• U.S. Bicycle Route 41 is a designation only; it is intended to complement—
not compete—with local bicycle facility planning. It is intended to build
upon communities' efforts and help move local bicycle plans forward.
• Using route -selection criteria prioritized through public input, MnDOT will
work with partners to combine existing roads and trails to create a
continuous bicycle route that's "ride -ready".
• USBR 41 will be planned with adjacent network connections in mind. It
will connect to communities, points of interest, and businesses/services
bicyclists need. USBR 41 will be developed to enhance local communities
through:
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Network connections. Where practical, USBR 41 will be part of a"rt "`"
local bikeway network, connect to a local network, or enhance the � "°'
network to serve visitors and residents for transportation and recreation.
Serving bicyclists' needs. Connects to or near local services, such as lodging/camping, grocery stores,
restaurants, bike shops, hardware stores, libraries, etc.
oe�,ooao0
o Enhancing local economy. Represents a modest opportunity for
businesses to profit from new or more frequent bicyclists seeking local
services.
o Improving health. Encourages healthy, active transportation and
recreation. In addition, seek to reach a new audience of bicyclists,
particularly those identified as "interested but concerned", to help
create a demographic mode shift.
o Improving neighborhoods and communities. Includes equity and
diversity as factors in route planning and decision-making, with the
intent to help increase bicycling in underserved/non-traditional
neighborhoods.
o Cost effectiveness. Uses existing bicycle facilities, which require no
additional land acquisition or development costs.
o Adventure. Introduces visitors and residents to exploration and new experiences.
o State and national significance. Connects communities to the state bikeway network and to the U.S.
Bicycle Route System.
• For those most comfortable bicycling off-road, USBR 41 will include many segments of continuous trails and
paths. Maps will clearly identify those segments.
Designating and Promoting U. S. Bicycle Route 41
• MnDOT seeks willing partners; success depends on partnerships—from
developing to promoting the route.
• Designation requires a resolution of support from local road and trail
authorities where USBR 41 is located.
• USBR 41 will be part of Minnesota's statewide bicycle network. MnDOT will
continue to lead USBRS work. As part of the USBR 41 project, MnDOT is
developing a Minnesota guide that will identify protocol for planning,
implementing, managing and promoting state and U. S. bicycle routes.
• If all U.S. Bicycle Route 41 planning and map work is completed this summer,
MnDOT intends to designate the route in October 2016. If not complete,
MnDOT will submit an application to designate the route at the next scheduled
date: May 2017.
Relationship to State and Local Trails and Bicycle Facilities
• U. S. Bicycle Route 41 will combine existing roads and trails. In some cases,
USBR 41 may provide an interim roadway connection within a local or state
bicycle trail network, closing a gap until funding is available to fully build
continuous trail segments.
• USBR 41 may bring additional value to existing and planned bicycle facilities. For
example, a local trail typically serves bicyclists from nearby, but if common with
USBR 41, it also may serve bicyclists from afar or travelling long distances. By
serving multiple users under a joint purpose, USBR 41 may help future local
bicycle initiatives more easily raise funds and be constructed more quickly.
• USBR 41 will evolve. It will change as viable, locally -led improvements occur
that are compatible with USBR 41 route criteria and better -serve a broad range
of bicyclists.
USBR 41 info: httn://wwwdot. state.mn.us/bike/usbr4l/
Contact: Liz Walton; Minnesota Department of Transportation. Liz.walton@state.mn.us; 651-366-4186
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State Boundary
.. County Boundaries
Open Water
0 10 20 40 Miles N
July 18, 2016
City of Hugo Claims
August 15, 2016
(f7�7,/
Vendor
10,000 Lakes Chapter of ICC
Invoice
Re istration
I
Amount
Description
Plumbin Workshop Registration - Scott Baller10,000
Department
Lakes Cha ter of ICC
Registration
Plumbing Workshop Re istration - Chuck Preisler
Buildin Ins ections
Ancom Communications
61354
Pa er Batteries
Fire DeptAncom
Communications
61337
M2,324.00
Pa ers & Service Plans
Fire De t
Anoka County
S16-108
Tour de Hugo S ecial Event A lication Fee
Parks Dept
A lewood Nursery
580
Mulch
Parks Dept
Aspen Mills _
184000
$
196.70
Badges
Fire Dept
Aspen Mills _
184001
$
14.85
Name Tags
Fire Dept
Aspen Mills
184002
$
333.60
Hats & Cas
Fire Dept
Aspen Mills
184003
$
44.00
Title Changes
Fire Dept
Aspen Mills
184526
$
150.00
Pant & Jacket Repairs
Fire Dept
Bauer Built Tire
180194061
$
608.72
Tires - Unit #102
Street Dept
Bauer Built Tire
180194061
$
663.88
Tires - Unit #108
Water & Sewer
Century College
617801
$
1,050.00
2016 CEU Firefighter Program
Fire Dept
Century College
Century Link
617798
651653-1154
$
$
385.72
57.42
Foam & Flammable Liquids Course
SCADA Lines
Fire Dept
Water & Sewer
Century Link
651 426-8763
$
60.85
911 Emergency Line
Administration
Century Link
651 429-3212
$
68.98
Fire Station Phone Lines
Fire De t
Comcast
7/26/2016
$
130.42
Business Internet thru September 5)
Public Works
Comcast
6/18/2016
$
148.77
_
Business Internet thru July 27)
Fire Dept
Comcast
7/18/2016
$
158.27
Business Internet (thru August 27)
Fire Dept
Denaway, Sha la
CLAIM
$
13.60
Tour de Hugo Supplies _
Parks Dept
Denaway, Shayla
CLAIM
$
24.49
Park Play Days Su lies
Parks Dept
Forest Lake Napa
Jul
$
7,075.93
Auto Parts and Shop Supplies
Various
Fratallone's Hardware Store
105599
$
4.62
Hardware
Public Works
G & K Services
Jul
$
517.48
Cleaning Su lies
Various
G & K Services
Jul
$
1,146.10
Uniform & Floor Mat Services
Various
G & K Services
July
$
605.32
Supplies & Floor Mat Services
Fire Dept
Galls
5662639
$
61.59
Helmet Decals
_
Fire Dept
Gene's Disposal Service Inc
287919
$
47.68
July Waste Hauling - PW Facility
Public Works
Gene's Disposal Service Inc
287919
$
144.27
July Waste Hauling - Fire Station
Fire Dept
Gene's Disposal Service Inc
287919 _
$
64.40
July Waste Hauling - City Hall
Gen Gov't Bldgs
Gopher State One Call
6070451
$
487.35
July Service Charges
Water/Sewer
Grainger
9181992869
$
73.42
Hardware
Fire Dept
Granicus Inc
78834
$
1,236.00
September - November Service (Web Streaming)
AudioNideo
Hawkins Inc
3927505 RI
$
4,271.68
Water Chemicals
Water Utility
HD Su Waterworks LTD
F911899
$
1,216.08
Radio Meters
Water Utility
Hennepin County
31069676
$
20.00
Notary Filing Fee.- Rachel Leitz
Community Development
Home Depot Credit Services
561567
$
94.00
Toolbox
Parks Det
Home Depot Credit Services
7223775
$
300.00
Trencher Rental
_
Parks Dept
Home Depot Credit Services
7223784
$
(147.10)
Trencher Rental
Parks Dept
Hugo Equipment Company
104000
$
541.72
Weed Whip (2)
Parks Dept
Hugo Equipment Company
105298
$
4,03
Mower Parts
Parks Dept
Hugo Equipment Company
105304
$
32.99
Parts -Unit #309
Parks Dept
Hugo Equipment Company
105308
$
32.99
Parts - Unit #309
Parks Dept
Equipment Company
10
43.99
Weed WhiLineHugo
Parks Dept
Hugo Eui ment Company
106085
$
68.77
Parts-Unit#318
Parks Dept
Hugo Equipment Company
106100
$
30.00
Chainsaw Parts Tree Trimming)
Street Dept
Hugo Feed Mill
13679-2
$
14.48
Wasp & Hornet Spray
Parks Dept
Hugo Feed Mill
- 13797-2
$
7.98
Hardware
Public Works
Hugo Feed Mill
14175-2
$
1.59
Hardware
Parks Dept
Hugo Feed Mill
22004-1
$
52.50
Grass Seed Mix
Parks Dept
Innovative Office Solutions LLC _
IN1268084
$
73.40
Copy Paper
Administration
Innovative Office Solutions LLC
IN1268084
$
49.80
Breakroom Supplies
Gen Gov't Bld s
Innovative Office Solutions LLC
IN1268084
$
34.20
Paper Clips
Administration
Innovative Office Solutions LLC
IN1268084
$
22.10
Hi hli hters
Elections
Innovative Office Solutions LLC
IN1272816
$
42.82
Sta lers
Building Inspections
Innovative Office Solutions LLC
IN1272816
$
87.14
Cardstock & Pens
Administration
Innovative Office Solutions LLC
SCN-048544
$
(91.70)
Frames Returned
Administration
Instrumental Research Inc
10244
$
95.00
Water Bacteria Testing
Water Utility
Interstate Battery System of Minneapolis
30 095559
$
21.60
Batteries
Public Works
Interstate Power Systems Inc
C001122497:01
$
9.03
Parts - Unit #204
Street Dept
Jefferson Fire &Safe Inc
228511
$
145.07
Ri id TFT Ada ter
Fire Dept
Jimmy's Johnn s Inc
105346
$i
194.00
Portable Toilet Rental - Lions Park.
Parks Dept
Jimmy's Johnn s Inc
Jimmy's Johnn s Inc
105347
105348
$
1 $
127.00
127.00
Portable Toilet Rental - Oakshore Park
Portable Toilet Rental - Oneka Lake Park
Parks Dept
Parks Dept
Jimmy's Johnn s Inc
105349
1 $
127.00
Portable Toilet Rental - Beaver Ponds. Park
I Parks Dept
Jimmy's Johnn s Inc
105350
1 $
127.00
Portable Toilet Rental - Diamond Point Park
I Parks Dept
Jimmy's Johnn s Inc
105351
1 $
127.00
Portable Toilet Rental - Frog Hollow Park
I Parks Dept
Page 1
City of Hugo Claims
August 15, 2016
Vendor
I Invoice
Amount Descri tion
Department
Jimmy's Johnn s Inc
Jimmy's Johnn s Inc
105352
105353
$
$
508.00 Portable Toilet Rental - Hanifl Park
127.00 Portable Toilet Rental - Val'ean Park
Parks Dept
Parks De t
Jimmy's Johnn s Inc
105354
$
12200 Portable Toilet Rental - Arbre Park
Parks De t
Jimmy's Johnn s Inc
105355
$
127.00 Portable Toilet Rental - Heritage Ponds Park
Parks De t
Jimmy's Johnnys Inc
105356
$
67.00 Portable Toilet Rental - Com ost Site
Recyclin
Jimmy's Johnnys Inc
105357
$
127.00 Portable Toilet Rental - McCollar Park
Parks De t
Kath Fuel Oil Service Co.
12320094
$
6,104.10 July Unleaded Gas &Diesel Purchases
Various
Konica Minolta Premier Finance
309751220
$
1,000.02 August Copier Lease Payment
Administration
Lakes Area Youth Service Bureau
HC -16
$
.6,000.00 2016 Contribution - Youth Diversion Program
Contributions
MainStreet Designs Inc
4681$
5,940.00 Cit of Hugo Banners
CommunityDevelopment
MCFOA
Membershi
$
35.00 Membership Dues -Michele Lindau
City Clerk
Menards
Menards
30052
29873
$
$
42.96 Lumber - Compost Site
139.92 Li ht Bulbs
Recyclin
Public Works
Menards
29478
$
7.80 Wasp & Hornet Spray
Parks Dept
Menards
29478
$
24.46 Shop Tools
Public Works
Menards
29478
$
_
28.28 Hardware
Public WoWo
Works
Metering & Technology Solutions
6938
$
2,220.00 Water Meters &Hardware
Water Utility
Metering & Technolo Solutions
6939
$
1,220.00 Water Meters & Hardware
Water Utility
Minnesota Cleanin Services Inc
08K01
$
573.30 July Cleaning Service
Gen Gov't Bltl s
Minnesota Cleanin Services Inc
OSK03$
480.00 July Cleaning Service
Public Works
Minnesota Cleaning Services Inc
Minnesota Cleanin Services Inc
OSK03
08K02
$
$
200.00 July Cleaning Service
95.00 Jul Cleanin Service - Hanifl
Fire Dept
Parks Dept
Minnesota Recreation & Parks Assoc
Registration
$
340.00 Conference Registration - Sha la Denawa
Parks De t
MN Fire Service Certification Board
4314
$
125.00 Fire A aratus Operator Certification Exam - Gregoire
Fire Dept
MN Fire Service Certification Board
4314
$
125.00 Fire A2paratus Operator Certification Exam - Kas szak
Fire Dept
MN State Patrol, CMV Section
Greedier
$
20.00 2016 Vehicle Inspection Decals
Public Works
MN State Patrol, CMV Section
Klein
$
20.00 2016 Vehicle Inspection Decals
Public Works
Northeast Youth & Family Services
Invoice
$
6,000.00 2016 Contribution - Youth Diversion Program
Contributions
Office Max
58748
$
120.11 Printing - Certificates of Appreciation
_
Administration
Oxygen Service Company
3349341
$
19.22 Welding Supplies
_
Public Warks
Preisler, Charles
CLAIM
$
199.95 Work Boot Reimbursement
building Ins ection,
Press Publications
Press Publications _
_ _ 520958
520959$
$
20.46 City Council Public Hearing Notice
20.46 voting.Equipment Testing Notice
Ordmances/Proceedin s
Elections
Press Publications _
Press Publications _
520960
522531
$
$
40.92 Planning Commission Public Hearing Notice
61.38 Planning Commission Public Hearing Notice
_
Ortlinances/Proceedin s
Ordinances/Proceedin s
Press Publications
522532
$
30.69 Ci Council Public HWFireDe2t
Ordinances/Proceedin s
Promotional Concepts
Rehbeins Black Dirt
Schifsky (T.A. & Sons Inc
30816
7209
60178
$
$
$
542.78 Tour de Hugo SuppliesParks
144.00 Pulverized Black Dirtpecial
405.82 Base Asphalttreet
-$62.30
Dept
Parks Funtl
De t
SiteOne Landscape Su LLC
76929098
Irrigation Hardwarearks
De t
SiteOne Landscape Su I LLC
_76931616
$
27.08 Irrigation Hardwarearks
De t
Smith, Schafer & Associates
39951
$
1,250.00 2015 Audit Final Billing
inance De t
Snap-On Industrial
I ARV / 29722340
$
387.15 Shop Toolsublic
Works
Snap-On Industrial
ARV/29743016
$
86.08 Shop Toolsublic
Works
Terry's Repair Co
_ 765
$
-$-214
53.16 Parts & Labor - Unit
treet De t
Toshiba Financial Services
308644996
98 August Co ier Lease Paymentire
De t
Toshiba Financial Services
308644996
$
5.82 Overage Charges B & W)
Fire Det
Toshiba Financial Services
308644996
$
58.24 Overage Charges Color)
_
Fire Det
US Bank
Verizon Wireless
Washington County Sheriff
4363822
9768924551
90854
i-450
$
$
00 ,Paying Agent Fees
40.02 Cellular Phone Charges
394,274.46 Police Services January - June 2016
Sinking Fund
Fire Dept
Law Enforcement
Weigel Sings, Bill
Zarnoth Brush Works Inc
16-282
0161006 -IN
$
$
935.00 McCollar Park Sign
1,010.00 Parts -Unit #307
Special Park -Fund
Street Dept
Ziegler Inc
Zb888701
1 $
1,100.00 Roller Rental Dust Control Project
Street Dept
Total Claims for August 15, 2016
1 $
453 819.41
Page 2
Agenda Number V 3
CITY OF HUGO COMMUNITY DEVELOPMENT
DEPARTMENT
Memorandum
TO: Hugo Planning Commission
FROM: Rachel Leitz, Community Development Assistant
SUBJECT: Temporary Family Health Care Dwellings
DATE: August 10, 2016 for the City Council meeting of August 15, 2016
1. PLANNING COMMISSION UPDATE:
The Planning Commission is holding a public hearing and considering the opt -out ordinance at
its meeting on August 11, 2016. Staff will provide the Council with an update prior to the City
Council meeting.
2. BACKGROUND:
On May 12, 2016, Governor Dayton signed, into law, a bill creating a process for landowners to
place a temporary residential dwelling on their property to serve as a family health care dwelling.
Community desire to provide transitional housing for those with mental or physical impairments
and the increased need for short term care for aging family members served as the catalysts
behind the legislature taking on this initiative. The resulting legislation sets forth a short term
care alternative for a "mentally or physically impaired person", by allowing them to stay in a
"temporary dwelling" on a relative's or caregiver's property. This affects all properties with
existing residences in the City. Per the statute Cities can opt out with adoption of an ordinance
or resolution.
On July 14, 2016 the Planning Commission discussed the temporary family health care dwelling
ordinance. The Planning Commission agreed that these structures, if allowed in all zoning
districts, would change the character of most neighborhoods. They believed the 15 day review
period was too short to ensure these structures were reviewed adequately. They stated that a
health care issue will generally not be resolved in a 6-12 month period, which is the expiration of
a permit. The Planning Commission believed that the City can accommodate residents on a case
by case basis and accomplish the intent of this law through ordinances the City already has
performance standards for.
The Planning Commission recommended opting out of the temporary family health care dwelling
ordinance with a request that the Planning Commission review the current ordinances that are
similar to the intent of the temporary family healthcare dwelling ordinance and make revisions, if
necessary.
Page 2
On July 18, 2016 the Council discussed the temporary family health care dwelling ordinance.
They talked over other methods available to residents who were experiencing health situations,
and generally felt zoning issues are best controlled at a local level. They believed that the City
has the ability to provide housing for those that are dealing with this type of situation and need.
The Council agreed the City has carefully crafted neighborhoods and permitting these types of
dwellings would be out of character with many neighborhoods in Hugo.
The Council recommended that staff move forward with the process to opt out of the ordinance
to provide temporary family health care dwellings.
3. TEMPORARY HEALTH CARE DWELLING:
The law requires cities to follow and implement the new temporary family health care dwelling
law beginning September 1, 2016. Cities will need to be prepared to accept applications and
must be ready to process the permits in accordance with the 15 -day timeline required by the law.
Cities may opt out of the new law. The new law alters a City's level of zoning authority for these
types of structures, especially with provisions where accessory structure or recreational vehicle
ordinances do not apply. City's ordinances are made to preserve a neighborhood's character.
This new law would allow this type of structure in all zoning districts, even those that would not
allow them.
Other considerations should be the permitting process and enforcement after the permit period
has expired. As stated before, a new permitting process will have to be considered, as these
requirements differ from standard application review requirements. This will take a considerable
amount of staff time, which all needs to be completed before September 1, 2016. If the City
were to move forward with this process, there would need to be staff time devoted to tracking
approved permits and approving renewals at the six month mark. Once a one year period has
expired, staff would then need to begin a monitoring process to ensure the temporary health care
dwelling was removed from the property. Staff believes this process may be difficult because
even though a permit may expire, a healthcare issue generally does not and there may be an
unfavorable response from permit holders.
Cities that wish to opt out of this law must pass an ordinance to do so, which requires a public
hearing through the Planning Commission and an approval of the ordinance by the City Council.
4. ACCESSORY APARTMENTS I ACCESSORY DWELLING UNITS:
The City does allow structures that meet the intent of the temporary family health care dwelling
law. Accessory apartments are allowed in the Long Term Agricultural, Agricultural, Rural
Residential, Central Residential, Central Business, and Future Urban Service zoning districts via
a conditional use permit. Accessory apartments are defined as "a room or suite of rooms,
including sleeping facilities, dedicated for the use of persons living separately from others in the
building."
2
Page 3
The City also allows accessory dwelling units in the Long Term Agricultural, Agricultural, Rural
Residential, and Future Urban Service zoning districts via a building permit. The purpose and
intent of the ordinance is to provide supplemental, but separate living quarters to the primary
residence. The supplemental living quarters are intended to provide separate living space with
separate cooking and plumbing facilities for an individual that is receiving care from or
providing care or service to residents living in the primary residence. A housekeeper, nanny,
elderly relative, care provider, guests or employee of a home occupation or farm are examples of
individuals that may reside in the accessory dwelling unit. The ordinance is not intended to
provide a second dwelling unit on the property for a second family or for rental purposes.
S. CONCLUSION/RECOMMENDATION:
The law goes into effect September 1, 2016 and automatically applies to all cities that do not opt
out or don't already allow temporary family health care dwellings as a permitted use under their
local ordinances.
Staff recommends that the Planning Commission open the public hearing for resident comments
and provide a recommendation to the Council. Because the new law alters the City's level of
zoning authority and the structures have the potential to change the character of the area, staff
recommends opting out of the temporary family health care dwelling ordinance.
Attachments:
1. MN State Statute, Chapter 111, Section 3 (462.3593).
2. City of Hugo Accessory Apartment Ordinance
3. City of Hugo Accessory Dwelling Unit Ordinance
4. Opt -Out of Minnesota Statutes Ordinance
Q
Chapter I11 - Mimesota Session Laws https:/Iwwwrevisornm.goy/laws/?yeaz=zOl6&typco-O&Cl
octYPe=CCha...
Subd.7. +a Unless otherwise pgc by an $-a—
coon ix M" chargg a fee of u two $100 far the initial neM�t and tip to S50 fora rewwal f
the Hermit. -
iS Abd. $. ATo public hearing reu * i igo of Inflon IS.". m itive na a to
ti
air-daMilybcalth
care dwelling, the county does not have to hold a public hearing on the application
cb) The pmodm wYl�n' g the 'me limit far i �_ a lH on far tl,p
=gm „dww ]=aserm•it under this section a* V g!llil
mm ided au this section. Un mW has 15 days
section or to ftl it, gM that if the county Il dlholds t � deer his
pular meetings�only once -m
cWendar month the canaty has 30 days to is A it ed and this section nr to
dery it. If the county receives a written request that does not contain all ULmd
infozmation. the applies- ble 15 or 30 -day limi nl '�tMay ��
Written notice within five business days of receipt of ri� �gaest teL�g tb_ a requrster R, At
information is missing. The col uaty cannot ex. -the period of time deride.—�
Subd. 9. tout. A county may by resolution ont-out of the requirements of this
section,
Seo. 3.146235931 TEMPORARY FAMn BRA, DW LL>INCS.
Subdivision 1. De$niti�ns•( Forpl _ser o£this sectionhe foLlr�w;na ,�
have the meanings given.
(b)"Ca-midver" means an individual 18 years of gee or older who:
(1) mo des care for a mentally or vhvsicallyimpaired :and
(2,) is a relative, legal gglam or health care as=t of the mentall
impaired erwn far whom the individual is cal' y or Ph lv
(c) lilmd vmental activities of disilly h g" has the i
inn ng 'yen in sectio
2568.0659, subdivision 1. ]Rug- ayh !i].
(d) '7Vientaliv or 8b3mjoUy ed man"means a
on bg is a residetrt
of who MZWrw assisbam VIM EQ Or Mom inictnirnmfol act' •ti1dai
living as certified in wtitangby as Hhysician. a Physician assistant, ar as advanced rawice
rezistered nurse licensed to pzgiice in this state
fe} 'Relative" means a spouse. par�MAp ghil ZnddJd. sibli g-
uneje, suntAqphew c r niece of the mentally or ply y s�
includes half stein, and in-law relationahW
M "ima family health care dwelling" $ a mobile residential dwell;n a
V=dw an enym mnent facilitg g ' _ sioII_ of cater _far a mentally or
Physically impairedperson that meets the req _...M of subdiyis c -n 2.
Subd. 2.. amamry Mill heaiHt care elwelFino_ A VM fam�y health care
dw ing-must:
fl) he ly assembled at a locati QM-cr than its site of_ installation.
W be no P -m Om 300 sam numfem
3 not be alta ent LoMWIkow
f4) be desi gte d and meet state -r O ; ed arse t -b ty s a„�1 �•
(5) provide access A weer and electric utilitics either• by cog g to the
utilitim that are serving thelzriml�W dwelling on the lnt or by i t
--��.-�p�ble Pagans•
rf-fli - yip:
Af 6
Cbupteer 111- Minnesota Session Laws https://wwwrevisormn. cvAa
g wsl?year=2016&typerc0$doctypv=Cha,..
dmb i teriozrenals used in godm4 Emidentifti c cfi
aw a mWim= inm9ation mtinst of R --U
(8) be able;o_he install removed. and tmEby a one -ton rnUn n,,& 9a
defYned in section 168.002. -subdivision 21h a tru_ c_ k as defined in section 108.002.
subdivision 37. or a buck tractor as defined in wzhon 168= - subdivision 38:
(9) be belt toaither Minnesota Rules_ cher 1360 or 1361, and cantain,�n
IndustiriahzW Buildings Commission seal and data 8 e ar to American Natigual
'tute Code 119.2-
(11 ) be equipped with a backflow check valve
StIbA 3. TemMMU dwellilig p=Lh appikatinn- (a) Unless the mmkiD*W
ha �gnated !Mpma fugLIX health care dweilin g as Witted use&AM=gMa
fXW]y}wealth care dmm ling is subiect to the provisions in this secfm A Lamarary fm.
health carr dwelling that meets the ogW=cft of Ws section carumot he pmbibited by a
local ar&mcc that regulates ac=M uses or recreational vehicle Rarldngff store
(b)Tat'ekm or relative must arsnly fgr a =Pma ftsming g=* fpm,
the muni ,Wiry. The permit mplication must be by theprL �c egi car, the
owner of the prapgymwhich the temporary familyWth care dwelling will be locatrli
and the resident of the property if the y owner does not reside on the p:rMMVgnd
al :
(1) the name, address, and tel one number gfThe Omer, therWdent
,
of the proper y if different from the owner. and the ma caregiver xespdnsible for the
cane of the mentally or physically im d pen' and the name of die „mentally or
physically impaired person who will live in the temporary family health care dwelling;
(2) proof of the provider network from which the mentally or physically
�aperson�a�+�eceiye respite r.Am—mdmm cam cr remote patient monitorinLy
servrces:
()_a written certification that the mentally or Rbllq llv impaired veraon
MQuires assistance with two or MMP i strum _activities of daily living sifimed by a
p1l3mician, a pb_uician assistant, or anadvangbd practice regi d n e#1cenAed to
rnactice in this state;
(4) an executed contract for sq&c service management or other proof of
adQuate &Wfic s 'eemanament;
(S) an affidavit that tht Wbmt has RmaddCd notice to &djg=
owners and residents of the appb=on for the terrnxmty d—mihog Ont; and
(6-) a gmmd site man to show the 1 tion of the tpgMMM family health care
d,�gand gfl=, abuctures on the lot
(Q) Tile LMV=Y bmily health care dwelling nnat be located an XQRQM
Where the Nivea or relative resides. A temporary kmily health we dwelling most
fly with alt setbwk m%DAcmLents that apply to the RLarrr strum„ .±a mkt, Am,
maxmmm floar area ratio liin=ons that may @Ml to the May Mwtum, The,
tett' familyih care dwelling must be located on tHp lot sa that seutic services
and gngapma vebiclecan gain gzcss to the tempncary,bmuy health we dwellingin a
safe and gmelymanner.
(d) A�porary family health care dwelling is linuted to arae accr�t is a
mentallX or pjiys mMy imQaired person. The person must be id tifred in rhe aolicsitiom.
Only one hmgRgm Imily. health care dwelling is allowed on a lot.
(c) Unless otherwise pmdde& a tent gMg yfinily health, care dwlliqg instilled
under this section must oomph with all ap &able state IzLwlocal ou<dinances. and charter
Cbapter 111 - Mianesots Session Laws https://www,revisornmgOvftm ryC�ar-2616&typo=0&o
wype`Cha...
provisi�ps.
Sub�4. rmtt kw,• renewal Tag initial mry dwe int wMwt_
valid far 91 months. The a�h'ca= m&y rhp.+�..,,'t once far a 8 Olowl SIX-
months.
aft hHOSCiian The aIi ire t I i
evidence of coram 'once with this section as Ion as a teen y family hWth
e t
health care dwelling at gmowbie times convenient to the
giV t0 deteitnine if the_
giporarxfar ` ,Lth care dwelling isoccttpt'_�d meets the rev nU
section. of ;a
Subd. 6. Revocative of perneit The li o
dwAllintz�it if the emit holder violates env lu t of this section, f tt,r
municinaiity revalues s P;MA the nexmit holder has 60 days from a date of revocatl
remove the tenapamary fawk health cage dwellin&
Suhd. 77. Fee. Unless othetarise pray' y,�nanceth
e ALMHai ' ityX
charge a fee of uy to $100 for the initial gglWt and up to $SO for a renewal of thegedmit.
S, ubd. No nnblfc heartne recentred: ap is tion of sectfon IS.tN1- Du e
time -sensitive nfttm of issuing a LcMRg= jt fanii
care dwelling,_ a w dogrs not have to hn d a lie heatigg n
Lb
The McWww governing time limit for decid; applieation�f rah
tcmmrary dwelling permit under this section Ca �► s .hon 15. g��
yrovidad in this s9do. The mtuticipaft has 15 days to�ime a MgZNL%LIM_dcr
Ofis scWon or to doy it ex=Z IW if ii es e
meeting$ only once per. calendar month the statutory or home rile charter city has 30 dav_R
to issue a permit pMest:ed under this section or to d it If the municirralZ receives A
written request that does not contain all information �e applicable 15 -days
30 -day limit starts over only if the Municipality s . ds 1 ritten nr�tice with v� busL-
dW of receipt of the reaaest telling the requester what informer;
cannot extend the missinThg
y�fity �i�sl of time to ecide_
Su_ bd. 9.0�-out A municipality may by ordinance opt out of the regtiiremrnts of
this section.
Sec. 4. EMCITVE DA'L'E, This act is e$e�iye Septem er 2016 d AMA -es to
temp x= dwelhng M=t applications made dh;s ae nn ar at%r that da.
Presented to the governor May 12, 2016
Signed by the governor May 12, 2016,1:27 p.m.
Copyright 2016 by the Revisor of Statutes, State of Minnesota. Alt rights reserved.
"fA
Hugo, MN Code of Ordinances
Sec. 90-203. -Accessory apartments.
Page 1 of 1
(a) It is unlawful for any person to construct, lease, or let out an accessory apartment except in
conformance with the requirements of this section.
(b) Performance Standards.
(1) Accessory apartments must comply with the city building code and the rules of the
county health department.
(2) The structure in which an accessory apartment is located must be owner -occupied.
(3) No separate driveway or curb cut shall be allowed for the accessory unit.
(4) There shall be no more than one accessory apartment within any single-family structure.
(5) The accessory apartment may not be located in or above a garage or other accessory
building except in the agricultural zoning district.
(5) The accessory apartment must contain its own toilet, bathtub or shower, and kitchen
facilities.
(7) The accessory apartment must not require a variance to any building setback, height, or
maximum impervious surface standard established in this chapter.
(c) At the time a building permit is issued for an accessory apartment, the applicant for the
permit shall pay the city parkland dedication fee in accordance with section 90-324. if such
fee has not already been paid for the dwelling unit being created. parkland dedication fees
are not required for accessory apartments located in the agricultural and long-term
agricultural zoning districts.
(Prior Code, § 1195-020.1)
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Hugo, MN Code of Ordinances
Sec, 90-277. -Accessory dwelling unit.
Page 1 of 1
(a) It shall be unlawful for any person to construct or maintain an accessory dwelling unit in the
city, except In conformance with this chapter,
(h) Purpose and intent. The purpose and intent of the ordinance [from which this section
derives] is to provide supplemental, but separate living quarters to the primary residence.
The supplemental living quarters are intended to provide separate living space with separate
cooking and plumbing facilities for an individual that is receiving care from or providing care
or service to residents living in the primary residence, A housekeeper, nanny, elderly relative,
care provider, guests or employee of a home occupation or farm are examples of individuals
that may reside in the accessory dwelling unit. The ordinance [from which this section
derives] is not intended to provide a second dwelling unit on the property for a second family
or for rental purposes.
(c) Requirements. All accessory dwelling units shall meet the following:
(1) Accessory dwelling units shall only be allowed as part of a detached garage and shall
meet all requirements under c gOJio 90-Z24, Accessory buildings. The
accessory building shall continue to function as a detached garage.
(2) Accessory dwelling units shall meet all zoning district and building code requirements.
(3) No more than one accessory dwelling unit shall be allowed on a parcel.
(4) No more than one bedroom and one bathroom shall be allowed.
(5) Well and septic systems shall be evaluated and approved by Washington County for an
accessory dwelling unit.
(6) The accessory dwelling unit shall not be considered as a second dwelling unit on the
property and shall not be used for the purpose of providing rental income for the
property owner. The occupant of the accessory unit shall have a family or business
relationship to residents within the primary residence requiring that care or service be
p rovided.
(Ord. No. 2011-459, § 1, 10-3-2011)
about:blank 8/3/2016
ORDINANCE 2016 -
AN ORDINANCE AMENDING HUGO CITY CODE, CHAPTER 90, ARTICLE II,
ADMINISTRATION AND ENFORCEMENT
WHEREAS, on May 12, 2016 Governor Dayton signed into law the creation and regulation of
temporary family health care dwellings, codified at Minn. Stat. 462.3593, which permit and
regulate temporary family health care dwellings;
WHEREAS, subdivision 9 of Minn. Stat. 462.3593 allows cities to "opt out' of those
regulations;
CITY OF HUGO ORDAINS:
SECTION I. The City Council of the City of Hugo does hereby amend Chapter g0, Article II,
Administration and Enforcement by adding the following section:
See. 90-48 Opt -Ont of Minnesota Statutes
(a) Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City
of Hugo opts -out of the requirements of Minnesota Statutes, Section 462.3593.
SECTION 2. Severability. In the event that a court of competent jurisdiction adjudges any part
of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance
not specifically included with that judgment.
SECTION 3. Effective Date. This amendment shall take effect upon its passage and publication.
ADOPTED by the City Council this 15a; day of August, 2016.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
e�c
August 2nd, 2016
On today s date I am tendering my resignation from the Hugo Fire Department. This is
effective on Al T Z 2c5t 1 am doing this because I am failing to meet the
standards of the department, primarily call responses. It is not fair to the department members, the
chain of command placed over me, and more importantly the community. I thought when joining
that I could balance making calls with my full time school and full time job but I haven't been able
to and it is time to stop and step down so that another person that can do the job better than I
have may take my place. I am sorry for letting all of the members of the department down. It has
been an honor to be able to spend some time on this department and learn what I have from
everyone. I hope than I may try to reapply down the road when I have everything more stable in
my personal life and can fulfill the duties that come with this job. I am deeply sorry for letting
averyone-hers-down. . - - - --_ _..... ._.
Thank you and my apologies,
Michael Wamsley
CITY OF=
1H,U
EST. 1906
14669 Fitzgerald Avenue North, Hugo, MN55038 • (651) 762-6300 • www.ci.hugo.mn.us
TO: Honorable Mayor and Members of the City Council
FROM: Ronald J. Otkin, Finance Director
DATE: For the Council Meeting of August 15, 2016
RE: Fire Relief Association Bylaw Amendments
REQUESTED COUNCIL ACTION
Motion to ratify the bylaws of the Hugo Firefighter's Relief Association, as amended.
PRIMARY REASONS FOR AMENDING BYLAWS
On May 2, 2016, the City Council ratified the Relief Association's Board of Trustees request for a $100
increase in their lump -sum pension benefit, bringing their pension benefit to $3,300 per year of service.
Thus, Article XIII, Section 3.3 of the bylaws needed to be amended to reflect the new benefit level. This
bylaw amendment was approved by the membership on June 28, 2016. The membership also approved a
number of other changes. Although most of the changes can be regarded as housekeeping items, some of
them are significant and are highlighted below.
Article IV, Section 4.6 — Breaks in Service
Any member returning from a break in service must remain in active service equal in time to the break in
service, up to a maximum of five years, in order to qualify for any pension increases having occurred during
this time. The new bylaws state that a break in service includes an approved leave of absence.
Article IV, Section 4.9 — Membership Requirements
For the purpose of receiving benefits from the Association, each member must be in good standing with the
fire department as defined by the City of Hugo Personnel Policy. References to the Hugo Fire Department
point system have been deleted.
Article VI, Section 6.1(4) — Elections
Ballots will no longer contain a blank line for the purpose of a write in candidate.
Article VI, Section 6.2 — Terms
The terms of the officers and general trustees have been extended to 3 years. Also, term limits have been
deleted.
Relief Association Bylaws
Page 2
Article VI, Section 6.5 — Meeting Expenses
The President's annual salary has been increased by $100 to $500. The Vice President will begin receiving
an annual salary of $400.
Article VI, Section 6.7 — Continuing Education
Trustees will be paid a per diem based on the federal per diem rates for the location the trustee is attending
training. All hotel costs will be reimbursed. Mileage will be paid if a personal vehicle is driven.
STAFF RECOMMENDATION
City staff has reviewed the bylaws as presented by the Board of Trustees and recommends City Council
ratification.
ATTACHMENTS
Bylaws as approved by the membership on June 28, 2016
HUG O FIREFIGHTER'S
RELIEF ASSOCIATION BYLAWS
Bylaws approved by membership
June 28112016
Revised: 2003, 2006, 2009, 2013, 2014,2016
ARTICLE I
NPyYE
Section 1.1. Nance. The name of the association is the Hugo Firefighter's Relief
Association.
ARTICLE II
PURPOSE
Section 2.1. Purpose. This instrument constitutes the Bylaws of the Hugo Firefighter's
Relief Association, hereinafter referred to as "Association," adopted for the purpose of
regulating and managing the internal affairs of the corporation and shall serve as the
written pension plan for the relief association. The Association is a governmental entity
that receives and manages public money to provide retirement benefits for individuals
providing the governmental services of firefighting. The objectives of the plan shall be to
provide service pensions and ancillary benefits to members and dependants of the Hugo
Fire Department, hereinafter "Fire Department". All benefits issued by this association
shall be governed by these bylaws and Federal and State laws.
ARTICLE III
EF FECTW7ENESS
Section 3.1. Effectiveness: This document when approved by a majority of the
membership present and voting by roll call vote shall supersede any previous versions of
the Hugo Firefighter's Relief Associations bylaws, policies, or past precedence's set by
the membership, or the Board of Trustees.
ARTICLE IV
DEFINMONNS
Section 4.1. Surviving spouse. The term "surviving spouse" means the spouse of a
deceased member who was legally married to the member at the time of death
Section 4.2. Fiduciary responsibility. In the discharge of their respective duties, the
officers and trustees shall be held to the standard of care and all other statutory
requirements enumerated in Minn. Stat. § 356A. No trustee of the Association shall
cause the relief association to engage in a transaction, if the fiduciary knows or should
know that a transaction constitutes one of the following direct or indirect transactions.
(1) sale or exchange or leasing of any real property between the relief association and a
board member;
(2) lending of money or other extension of credit between the relief association and a
board member or member of the relief association;
(3) furnishing of goods, services, or facilities between the relief association and a board
member; or
(4) transfer to a board member, or use by or for the benefit of a board member, of any
assets of the relief association. Transfer of assets does not mean the payment of relief
association benefits or administrative expenses permitted by law.
Section 4.3. Beneficiar;-. Pursuant to Minn. Stat. 424A.05, the beneficiary under this
plan, that is entitled to receive a benefit following the death of an active, disabled,
deferred or early vested member. The benefit shall be the following persons, in the
following succession:
(1)The surviving spouse, if no surviving spouse,
(2)The surviving child, and if no surviving child,
(3)Any ancillary survivor's benefit shall be paid to the estate, as a funeral benefit.
Section 4.4. Trustees. The individuals designated as such by Minn. Stat. §424A.04 and
by virtue of elected office, those that qualify as the ex -officio trustees.
Section 4.5. Ex -Officio Trustees. The Board of Trustees of the Relief Association as
specified under Minn. Stat. §424A.04, shall have three Ex -Officio Trustees. The three
Ex -Officio Trustees shall be the Chief of the fire department, One Elected City Official,
and one City Staff Member. The City Official and City Staff Member shall formally be
appointed annually by the City Council.
Section 4.6. Breaks in Service. Any time during which the member does not receive
credit for active service. Any member returning from a break in service must remain in
active service equal in time to the break in service, up to a maximum of five years, in
order to qualify for any pension increases having occurred during the time. If this
requirement is not met prior to the individual's resignation, the retirement benefits will
revert to those in effect at such time the break in service began.
Section 4.7. active Service. Active service shall be defined as meeting the requirements
and certification of firefighter as determined by the City of Hugo, The EMSRB
requirements and certifications for Emergency Medical Responder, and ability to perform
those functions on behalf of the Hugo Fire Department. Active service shall also include
going to, serving at, and returning by a direct route from: Fire calls, medical emergencies,
fire prevention, regularly and specially ordered meeting, drills, training sessions, floods,
storms, riots, and any natural or manmade disasters, national, regional or state fire
schools, meetings, conferences or conventions, local celebrations or fundraising activities
on behalf of the Hugo Fire Department or the Hugo Firefighters Relief Association.
Active service shall also include fire suppression or fire supervision. Active service shall
be certified by the Secretary of the Hugo Firefighters Relief Association upon application
for retirement benefits.
Section 4.8. Year of Active Service. For purposes of computing benefits, service
pension's payable or calculating vesting requirements, a year of active service shall be
defined as: full compliance with the Hugo Firefighter's Relief Association Bylaws, and
maintaining minimum requirements as is listed in section 4.4, along with active status
x6thin the Hugo Fire Department. Service pensions will be prorated for fractional years
of service pursuant to Minn. Statue 424A.02, Subdivision 2, and these bylaws.
Section 4.9 Membership Requirements: For the purpose of receiving benefits from this
Association, each member must be in good standing with the fire department as defined
by the City of Hugo Personnel Policy.
Section 4.10 Failure to meet the requirements: In the event a member does not meet
the minimum requirements as listed in section 4.8 and section 4.9, a member will be
notified of their delinquency and will have an opportunity to present their case to the
Board of Trustees or general membership, as to why he/she should receive service credit
for that calendar year. Board decisions will only apply to the member in dispute and does
not set any precedence for any other members to fall back upon. Each case will be
considered separate based on the merits provided. A member shall have the rights to
appeal the decision of the Board to the membership final disposition.
Section 4.11. Reports of Active Service. Every January, the Board of Trustees shall
request a report from the Chief of the Fire Department, showing the total percentages for
calls and drills from the previous calendar year for each member of the fire department.
All reports given to the Board of Trustees are confidential, and any Board member
divulging said information, shall be immediately terminated from their elected position.
Section 4.12. Reports of service credit: On February l It of each year, The Secretary of
the Association shall provide each member with a report showing the total service credit
earned from his/her inception into the Association to the close of the previous calendar
year. Members of the Association will have thirty (30) days to file a dispute of any
inaccuracies to the Board of Trustees. After thirty (30) days following the distribution of
service credit reports to each individual member, unless in dispute, the service credit
report for each member shall stand as official record, for the purpose of pension credit.
Section 4.13. Quarters: For the purpose of this document, a quarter shall be defined as
three months. There shall be four quarters per calendar year. The first (1St) quarter shall
begin on January 1st and conclude on March 31St. The second (2'd) quarter shall begin on
April 1St and conclude on June 30th. The third (3`d) quarter shall begin on July 1St and
conclude on September 30" and the fourth (4th) quarter shall begin on October 1st and
conclude on December 31St
Section 4.13.1 Months: for the purpose of this document a month shall be considered as
a minimum of 28 days.
Section 4.13.2 Calendar Year: for the purpose of this document a calendar year shall be
defined as twelve (12) months, beginning on January 1St and concluding on December
31st
Section 4.14. Fractional Years of Service Calculation: For the purpose of calculating
service pension for fractional years of service, the total yearly benefit sum will be divided
by twelve (12) months to give a monthly pension amount.
Section 4.15. Domestic Relations Order: Any judgment, decree or order (including
approval of a property settlement agreement) that complies with the provisions of Minn.
Stat. § §518.58, 518.581, or 518.611, and is consistent with these bylaws and adopted by
the Board of Trustees.
Section 4.16. Classifications of Members:
(1) Active Member. An active member is a person who has applied and been accepted for
membership in the Association and is currently in active status on the fire department and
has not been either suspended or expelled from the association. Active members may attend
meetings, run for elected office and are entitled to voting rights within the Association.
(2) Deferred Member. A person who is a member of the Association; and who has
terminated from the Fire Department; and who has completed at least ten (10) years of
active service in the Fire Department; and has not made application for his or her service
pension, in accordance with section 13.2 of these bylaws. Deferred members, are not
allowed to run for elected office, nor are they entitled to voting rights within the
Association
(3) Retired Member. A retired member is a member of the Association, who has terminated
from the Fire Department, and has completed at least ten (10) years of active service in the
fire department, and has made application for his or her pension but has not received final
distribution of his or her pension in full. Retired members, are not allowed to run for elected
office, nor are they entitled to voting rights within the Association
Section 4.17. Subject to a svaiver: for the purpose of this document, the term subject to a
waiver shall mean a signed document authorizing this Association to notify a member of
any meetings of the Association via electronic mail, fax, and text messaging.
ARTICLEy
M]E%4B]ERSHM
Section 5.1. Eligibility: Any active member of the Fire Department is eligible for
membership in this Association. Upon acceptance of a new member's application, the
active member shall receive credit for all time served on probation with the fire
department prorated to the start date with the Fire Department.
Section 5.2. Application for membership: Written application may be made at any
regular or special meeting of the Board of Trustees, or at any general membership
meeting of the Association and must be approved b3.51 % of the. membership present and
voting.
Section 5.3. Membership Termination: Resignation or expulsion from the Fire
Department shall terminate membership of the member so resigning, expelled, or
removing from the Hugo Firefighters Relief Association.
Section 5.4. Suspension and Expubion: Any member may be suspended or expelled
from the Association for cause by a two-thirds (213) vote of the Association membership.
Cause for expulsion includes but is not limited to, failure to account for money belonging
to the Association or feigning illness or injury for the purpose of defrauding the
Association. The member shall have the right to a hearing before a quorum of the Board
of Trustees. Written notice via registered mail with return receipt will be sent to the
individual at least 15 days prior to the hearing.
Section 5.5. Reinstatement and Appro$Tal: Any member suspended or expelled by the
Association can only be reinstated upon application for reinstatement in writing,
presented at a regular or special meeting of the association, and approved by two-thirds
(213) of the Association membership.
Section 5.6. Leave of Absence: Leave of absence shall be granted to members for a
reasonable length of time, not to exceed one (1) year upon submitting the member's
written notice to the Secretary of the Association. A leave of absence from the Hugo Fire
Department that is approved by the Hugo City Council shall be considered a leave of
absence from the Association. The member shall receive a prorated monthly share of the
year in which the leave of absence occurred. In no case, shall a member receive pension
credit while on a leave of absence, other than those members on a leave of absence in
accordance with Section 5.7 of these bylaws. If the approved leave of absence exceeds
more than one (1) year and becomes an unapproved leave of absence as defined by
section 5.8, the member shall not receive credit for a full year of active service for that
year and subsequent years of absence. Such member, upon returning to the performance
of active service, shall recommence membership in this association and adjustments shall
be made to the total service credit of the member for subsequent full years of active
service.
Section 5.7. Militar r Leave: See Minnesota State Statue 424A.021
Section S.S. Unapproved ]Leave of Absence: A leave of absence beyond one (1) year
and any period of suspension will not count toward active service.
Section 5.9. Noting: Each active member shall be entitled to one vote on any matter
voted upon by the membership. Voting by proxy is not permitted. All votes, unless
specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be
determined by voice vote, the Officer in charge of the vote shall ask for a show of hands.
ALI&WICLE VI
BOARD OF 'TRUSTEES
Section 6.1. Board of Trustees: The Board of Trustees shall consist of nine (9)
members, six (6) of whom shall be elected by the membership and three (3) of whom
shall be Ex -Officio Trustees. A President, a Vice President, a Secretary, a Treasurer, and
two (2) general trustees, shall be elected for a three-year term as specified in this Article,
or until a successor has been elected and qualified.
(1). Eligibility for Trustee Positions. A member seeking a Trustee position
shall have a minimum two (2) years membership with the Association.
(2). Filing for election. Any member wishing to hold an elected position on the
Board of Trustees, and meets the requirements set forth herein, shall forward a
letter of intent to the Secretary of the Association 30 calendar days prior to the
election at the annual meeting. A listing of open position(s) will be posted no
more than 45 calendar days prior to the elections at the annual meeting.
(3). Nominations. Nominations will only be allowed in the event the Secretary
has not received any letters of intent for an open position(s).
(4). Elections. Any member eligible for a Trustee position shall be elected by a
majority vote, by ballot, at the annual meeting of the Association. If more than
one name is marked on any one ballot. The ballot will be discarded and not count.
The President will announce the total number of ballots handed out, once voting
has concluded, the president will announce the total number of ballots collected,
the total number of ballots that have been discarded, and the total number of votes
received for each candidate.
Section 6.2. Terms: The terms of office of the general trustees and the officers shall be
paired as follows: The two (2) general trustees; the President and The Treasurer; the
Vice President and the Secretary. The term of the officers and general trustees shall be 3
years. The terms shall be staggered so that one pair shall be elected at each annual
meeting. If a vacancy occurs during the term of office of any elected officer or general
trustee, the general membership shall elect a member of the Association to serve for the
unexpired term of the vacated position at the next regular or annual meeting of the
Association.
Section 6.3. Removal of Trustees: A general trustee or officer may be removed for
cause. Cause for removal shall include, but shall not be limited to, the breach of the
duties as set forth in Article VII of these bylaws. One or more of the trustees or officers
may be removed at a meeting of the Association which has been called for that purpose
by two-thirds (2/3) vote of the Association membership. Notice of the meeting at which
removal is to be considered, shall be given to each member and shall include the purpose
of the meeting. The general trustee or officer shall be furnished with a written statement
via registered mail with return receipt of the particular charges at least 15 days before the
meeting is to be held. At the meeting, the general trustee or officer shall be given an
opportunity to be fully heard as to each charge. If a general trustee of officer is removed,
a replacement shall be elected at the next regular or special meeting of the Association,
and such replacement shall serve out the unexpired term of the removed general trustee or
officer.
Section 6.4. Fiduciary Duty: The members of the board shall act as trustees with a
fiduciary obligation to the members of the Association, to the City of Hugo, and to the
State of Minnesota.
Section 6.5. Meeting Expenses: The President of the Association shall be paid an annual
amount of $500.00. The Secretary and Treasurer shall be paid an annual amount of
$500.00. The Vice President of the Association shall be paid an annual amount of $400.
Said amounts can be changed at any time by a majority of the membership present and
voting at any regular or special meeting. Trustees of this Association may be reimbursed
for reasonable expenses to attend their respective committee assignments, training
sessions, conferences, and meetings where attendance is required.
Section 6.6. Voting. At each meeting of the Board of Trustees, every member shall be
entitled to vote in person but not by proxy. Each member shall have one (1) vote. All
votes shall be conducted by roll call vote, if the item in question, has a fiscal note impact.
All votes shall be documented in the minutes of the meeting.
Section 5.7. Continuing Education Plan: Annually, all trustees shall complete four (4)
hours of continuing education, related to their duties per year, of which four (4) hours
should come from attending state fire conferences, State fire Schools or courses approved
by the President of the Association. A fifty ($50) dollar a day fee will be paid to all Board
of Trustees that attend any required training as required by the State of Minnesota and in
compliance with these bylaws. This fee is to be paid out only if the member is missing
work to accomplish these required training hours. Additionally Trustees will be paid a
perdiem per day based on the federal perdiem rates for the location the trustee is
attending the training. All hotel costs will be reimbursed, mileage if personal vehicle is
driven.
ARTICLE VII
DUTHS OF OFFICER
Section 7.1. President's Duties: It shall be the duty of the President to (a) attend and
preside at the meetings of the Association and the Board of Trustees; (b) enforce the due
observance of Minnesota State Statues, the Association's Articles of Incorporation and
the Bylaws; (c) see that the officers properly perform the duties assigned to them; (d)
sign all checks issued by the Treasurer and all other papers which required his/her
signature; (e) Assign all committee appointments (f) exercise careful supervision over
the affairs of the association, and (g) perform such other duties as may be assigned by the
Board of Trustees or be required by law. It shall be the duty of the President to ensure
completion of continuing education for the Trustees. (h) Attend sixty (60) percent of all
Board of Trustee meetings. In the event that the President is unable to maintain the
requirements listed in his/her duties, he/she shall resign and a new member shall be
elected by the membership to fulfill the remaining term
Section 7.2. Vice President's Duties: It shall be the duty of the Vice President to (a)
perform the duties of the President in his/her absence. In the absence of both the
President and the Vice President it shall be the duty of the Association to elect a President
pro tem, who shall perform the duties incident to the office, and perforin such other
duties as may be assigned by the Board of Trustees or be required by law. (b) Attend
sixty (60) percent of all Board of Trustee meetings (C) It shall be the duty of the Vice
President to act as the liaison between the Association and any organized civic group
doing business with the Association. (Example: Lions Club etc...) In the event that the
Vice President is unable to maintain the requirements listed in his/her duties, he/she shall
resign and a new member shall be elected by the membership to fulfill the remaining
term
Section 7.3. Secretary's Duties: It shall be the duty of the Secretary to (a) keep a true
and accurate record of the proceedings of all meetings of the association and of the Board
of Trustees; (b) keep a correct record of all amendments, alterations and additions to the
Articles of Incorporation and Bylaws in a book separate from the minute books of the
association; (c) cause due notice of all special meetings of the Association and of the
Board of Trustees to be given; (d) receive all monies due the Association and pay the
same over to the Treasurer, taking a receipt for the same, Failure to do so constitutes
cause for purpose of removal under section 6.3 of the above bylaws and the Secretary
may be expelled from the Association pursuant to the provisions of Article V; (e) keep a
roll of membership, with the date of joining, resignation, discharge, leaves of absence,
and relief or pensions furnished; (f) sign all orders for payment issued to the Treasurer,
and joint with the Treasurer, prepare and file all reports and statements required by law.
And (g) perform such other duties as may be assigned by the Board of Trustees or be
required by law. The Secretary's records shall be at all times open to inspection by the
Board of Trustees. (h) Attend sixty (60) percent of all Board of Trustee meetings. In the
event that the Secretary is unable to maintain the requirements listed in his/her duties,
he/she shall resign and a new member shall be elected by the membership to fulfill the
remaining term
Section 7.4. Treasurer's Duties: It shall be the duty of the Treasurer to (a) receive from
the Secretary all monies belonging to the Association and hold them subject to the order
of the President and countersigned by the Secretary. (b) prepare a full and detailed
statement of the assets and liabilities of each fund and present same to the Board of
Trustees prior to their meetings and prior to the annual meeting of the Association; and
(c) jointly with the Secretary prepare and file all reports and statements required by law,
and (d) perform such other duties as may be assigned by the Board of Trustees or be
required by law and (e) ensure newly elected President, or Vice President set up a
signature all relief association accounts Prior to entering upon the duties of his/her
office, the Treasurer shall give a bond with such sureties as may be required and
approved by the Board of Trustees, conditioned upon the faithful discharge and
performance of the duties of his/her office. The amount of the bond will be equal to at
least 10% of the assets of the Association; however, the amount of the bond need not
exceed $500,000. Such bond shall be payable from the special fund of the Association.
(e)Attend sixty (60) percent of all Board of Trustee meetings. In the event that the
Treasurer is unable to maintain the requirements listed in his/her duties, he/she shall
resign and a new member shall be elected by the membership to fulfill the remaining
term
Section 7.5. Trustee Duties: It shall be the duty of the elected trustee positions to (a)
attend sixty (60) percent of all Board of Trustee meetings (b) participate in committee
assignments (c) perform such other duties as may be assigned by the Board of Trustees or
be required by law. In the event that the Trustee is unable to maintain the requirements
listed in his/her duties, he/she shall resign and a new member shall be elected by the
membership to fulfill the remaining term
Section 7. 6. End of Terns Duties: It shall be the duty of all officers to deliver to their
successors in office, or any committee appointed by the Board of Trustees to receive the
same, all monies, books, papers and other items pertaining to their respective offices
within thirty (30) days upon the expiration of their terms of office.
ARTICLE VIII
MEETTNGS
Section 8.1. Annual Meeting: The annual meeting of the Association for the election of
officers and trustees, and other business shall take place in December. The place of the
meeting shall be designated and may be changed from time to time by the Board of
Trustees. Subject to waiver, written notice of the annual meeting shall be given to
members at least 5 days in advance.
Section 8.2. Board of 'Trustees Meetings: The Board of Trustees, must meet at least six
(6) times during the calendar year. Subject to waiver, a notice of every Board of Trustees
meeting shall be sent or delivered by the Secretary to all Trustees, and Ex -Officio
Trustees, at least five (5) days before the meeting, excluding the date of the meeting.
Such notice shall set forth the date, place, and time of the meeting.
Section 8.3 .Regular meeting of the Association: In addition to the annual meeting,
there shall be a minimum of three (3) regular meetings of the Association each calendar
year.
Section 8.4. Special Meetings of the Board of 'Trustees: Special meetings of the Board
of Trustees may be called by the President along with one (1) member of the Board of
Trustees, or by three (3) members of the Board of Trustees. Trustees shall be notified by
the Secretary of such special meetings, and the subject of the meeting shall be contained
in such notice. Special meetings only allow for discussion and action of the item in
question and does not allow for other business of the Association to be conducted.
Special meetings shall be noticed within five (5) days following receipt of such a request.
Section 8.5. Special Meeting, of the Association: Special meetings of the association
shall be called by the President and three (3) members of the Association, and can also be
called upon written request of six or more members of the Association. Members shall
be notified by the Secretary of such special meetings, and the subject of the meeting shall
be contained in such notice. Special meetings only allow for discussion and action of the
item in question and does not allow for other business of the Association to be conducted.
Special meetings shall be noticed within five (5) following receipt of such a request.
Section 8.6. Quorum: For the transaction of business at any annual, regular, and special
meetings of the Association, a quorum shall be defined as, fifty-one percent (51 %) of the
Associations members. For the transaction of business at all Board of Trustees meeting, a
quorum shall be defined as fifty-one percent (51 %) of the trustees. A quorum must be
present the entire meeting. Any time during any meeting a quorum is not present; the
meeting shall recess and only reconvene upon a quorum being present.
Section 8.7. Meeting notices and conduct: the annual, regular and special meetings of
the Association shall confirm with applicable provisions of Minnesota's Open Meeting
Law and Minnesota's Nonprofit Corporations Act. Subject to a waiver, notice shall be
sent to every member at least five (5) days before the meeting. Such notice shall set forth
the date, time, place, and in case of a special meeting, the purpose. The Secretary shall
also post the time, date, location and purpose of the meeting on the bulletin board at the
Fire Station at least five (5) days in advance of the meeting. Subject to waiver.
Section 8.8. Deports: All reports and resolutions shall be submitted in writing, and no
report shall be accepted unless it is the report of the majority of a committee, provided,
however, that a minority shall be permitted to present its views in writing.
Section 8.9. Parliamentary Procedure: All meetings shall be conducted in accordance
with Robert's Rules of Order, as revised.
Section 8.10. Order of Business: The order of business shall be:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Reading of minutes of previous meeting
5. Reading of Reports and Minutes of the Board of Trustees' Meeting
6. Reports of Officers
7. Applications for Membership
8. Reports of Special Committees
9. Unfinished Business
10. Election of Officers and Trustees (Annual Meeting or if there is a vacancy on the
board)
11. New Businesses
12. Good and Welfare of the Association
13. Adjournment
Section 8.11. Location of Board Meeting: A meeting of the Board of Trustees shall be
held at the registered office of the Association in the City of Hugo unless noticed for
another place within the state as designated by the board.
ARTICLE IX
EI >Iv STM2ITS
Section 9.1. Prudent Person: Trustees shall discharge their duties in good faith and
with that diligence and care which an ordinarily prudent person would exercise under
similar circumstances. Trustees shall comply with all applicable laws including
applicable provisions of the Minnesota Statues, Chapter 356A, The Public Pension
Fiduciary Responsibility Act and Minnesota Statues, Chapter 424A, governing
Minnesota's Volunteer Firefighter Relief Associations.
Section 9.2. 1n ;,estrnent Duties: It shall be the duty of the Board of Trustees to prepare
modes and plans for the safe and profitable investment of the unappropriated funds of the
Associations general fund The Board of Trustees shall order an audit of the books and
accounts of the Secretary and the Treasurer annually, according to law, and shall submit a
written report of the condition of the Association to the members at the annual meeting of
the Association. The members of the Board shall act as Trustees with a fiduciary
obligation to the State of Minnesota, to the City of Hugo and the members of the
Association.
Section 9.3. Broker's Acknowledgement: The board of trustees shall comply with
Minnesota Statutes §356A.06, Subd. 8b that requires the relief association to provide
annually to any brokers, a written statement of investment restrictions pursuant to statute
or the investment policy that applies to the special fiord. Upon receipt of the written
statement of investment restrictions, each broker handling investments of the Association
shall acknowledge, in writing annually the receipt of the investment restrictions. The
acknowledgment shall contain a statement that the broker agrees to handle the
Association's investments pursuant to the written restrictions, and in accordance with
Minnesota law governing the investment of volunteer firefighter relief association assets.
A$TICLL Z
FUTTTDS
Section 10.11. Funds: All money received from the Association shall be kept in two
separate funds. Disbursements from the funds shall be in accordance with Minnesota
Statutes and Rules and the bylaws of the Relief Association.
Section 10.2. General Fund: The funds received by this Association from,
entertainment revenues, fundraisers, property and gifts donated to the Association shall
be kept in the general fimd of the Association. The treasurer shall be the custodian of the
assets of the general fund and maintain adequate records documenting any transaction
involving the assets or the revenues of the general fiord. The assets of the general fiord
may be disbursed for any purpose reasonably related to the welfare of the Association or
its members, as authorized by the Board of Trustees. Any purchases from the general
fund account, which has a fiscal note greater than five thousand dollars ($5,000) must be
brought to the membership of the Association for approval.
Section 10.3. Special Fund: All funds received by this Association qualifying as state
aid received pursuant to law, all taxes levied by or other revenues received from the city
pursuant to law providing for municipal support for the relief association, any moneys or
property donated, given, granted or devised excluding fundraiser proceeds, by any person
which is specified for the use for the support of the Special Fund, and any interest earned
on the assets of the Special Fund. Any tax sources and other money which may be
directly donated or transferred to said fund, shall be kept in a separate account on the
books of the Treasurer known as the Special Fund and shall be disbursed only for the
following purposes.
1. Payment of members' service pension benefits in accordance with these bylaws;
2. Payment of ancillary benefits in accordance with these bylaws;
3. Administrative expenses in accordance with the laws of Minn. Stat. §69.80, as
amended, as follows:
a) Office expense including but not limited to rent, utilities, equipment,
supplies, postage, periodical subscriptions, furniture, fixtures and salaries
of administrative personnel.
b) Salaries and itemized expenses of the president, vice-president, secretary,
and the treasurer of the association or their designees, incurred as a result
of fulfilling their responsibilities as administrators of the special fund.
c) Tuition, registrations fees, organizational dues, and other authorized
expenses of the officers or members of the Board of Trustees incurred in
attending educational conferences, seminars or classes relating to the
administration of the relief association.
d) Audit, actuarial, medical, legal and investment expenses.
e) Reimbursement to the officers and members of the Board of Trustees, or
their designees, for reasonable and necessary expenses actually paid and
incurred in the performance of their duties as officers or members of the
board; and
f) Premiums on fiduciary liability insurance and official bonds for the
officers, members of the Board of Trustees, and employees of the Relief
Association.
All other expenses of the Association shall be paid out of the General Fund.
Section 10.4. Authorization: No disbursement of the funds of this association shall be
made except by checks drawn by the Treasurer and countersigned by either the President
or Secretary. Except when issued for salaries, pensions and other fixed charges, the exact
amount of which has previously been determined and authorized by the Board of
Trustees (or the members in the case of disbursements from the general fund), no check
shall be issued until the claim to which it relates has been approved by the Board of
Trustees.
Section 10.5. Depositories: All money belonging to the Association shall be deposited
to the credit of the Association in such banks, trust companies, or other depositories as
the Board of Trustees may designate. The board of trustees shall make deposits in
conformance with state statute and the investment policy, attached hereto.
ARTICLE XI
APPLICATION FOR B EN]EF1TS
Section 11.1. Application for Pension Benefits: All applications for relief or pension
benefits shall be made in writing on forms furnished by the Secretary
Section 11.2. Notice of intent to retire: It shall be the duty of each member who intends
to retire and request a service pension from the association, to file a notice of intent to
retire. Such notice shall be in writing and shall be filed by the Secretary not less than
thirty days (30) prior to the date of retirement and submission of application for service
pension. Upon receipt of a notice of intent to retire, the Secretary shall provide any
notices to the applicant as required by state or federal law with respect to pension or
benefit payments.
Section 11.3. Submission: All applications for relief or pension benefits shall be
submitted to the Board of Trustees at a regular or special meeting of the board or at a
regular membership meeting. Applications shall be verified by an oath of the applicant
and shall state the age of the applicant, the period or periods or service in, and the date of
termination from active service with the Fire Department, and such other information as
the Board of Trustees may require.
Section 11.4. Board of Trustees Decisions: No relief or pension benefits shall be paid
until the application has been approved by a majority vote of the Board of Trustees.
Decisions of the board shall be final as to the payment of such benefits or pensions.
Decisions of the board shall be subject to appeal in accordance with the Procedure for
Review under these bylaws, as laid out in Article XVII. No other benefits shall be paid
to or on behalf of any member who has received a service pension.
Section 11.5. Appeal Rights: It shall be the duty of the Board of Trustees to approve
applications for service pensions if the applicant meets all of the eligibility requirements
set forth in these bylaws. It shall also be the duty of the Board of Trustees not to approve
the application if any of the eligibility requirements are not met. If an application is not
approved, the Board of Trustees shall return the application to the applicant within 30
days, noting thereon, with particularity, which requirements the applicant does not meet.
Thereafter, the applicant shall be furnished with the opportunity to be heard by the full
Board of Trustees, pursuant to the Procedure for Review as provided by Article XVII of
these bylaws. If the application is approved, the service pension shall be paid in the
manner requested by the applicant pursuant to Article XIV, of these bylaws.
ARTICLE XII
ANCILLARY BENEFITS
Section 12.1. Survivor Benefits: Following the receipt of a lump sum survivor or
funeral benefit neither a member's surviving spouse nor estate is entitled to any other or
further financial relief or benefits from the Association.
(1) A member's Beneficiary shall be eligible to receive a benefit upon the death of
an Active, Deferred or Retired Member who has not yet received his or her full
retirement benefit. In no case shall the member receive less than one (1) times the
benefit amount or the amount equal to his/her years of attire service in the Hugo
Fire Department, unless the member is vested.
(2) If the member has no Surviving Spouse or surviving children, the member's
benefit shall be distributed in a lump sum to the estate of the member
AB.TICLE XIII
SERVICE PENSIONS
Section 13.1. ]Lump Sura Pension: The exclusive pension benefit provide by the
Association shall be a defined benefit lump sum service pension, paid based on the
members years of active service. Upon meeting the requirements in Section 13.2 of this
article, the member shall be entitled to the benefit amount for each year that the member
has served as an active member of the fire department. In accordance with, Minnesota
Statute 424A.10, the Association shall pay a supplement benefit to the qualified member
in addition to the lump sum pension. The amount of this benefit shall equal ten (10)
percent of the regular lump sura distribution, but in no case shall exceed one thousand
dollars ($1,000.00). This supplemental benefit shall be reimbursed to the Association, in
accordance with Minnesota Statute 424A.10
Section 13.2. Eligibility Requirements: To be eligible to receive a service pension a
member must meet all of the following requirements.
(1) Be at least fifty (50) years of age;
(2) Have terminated from the Fire Department
(3) Have completed at least ten (10) years of active service with the fire department
before termination; and
(4) Have been a member of the Association at least ten (10) years prior to such
termination.
Section 13.3. Benefit Amount: The current benefit amount per year of service is
$3,300.00
ARTICILE XIV
TIMING LAND MODES OF DIS'TRI]BUTION
Section 14.1. Independent Expertise Encouraged: Because of the varying
circumstances in each member's retirement planning, optional benefit payment methods
are offered. Selection should occur after consultation with a tax consultant, insurance
and/or estate planner, or an attorney. Alternate payment methods on the Application
Form shall include:
(1.) Check. A single Lump sum check payment payable to the eligible retiree.
(2) Annuity. Lump Sum payment by the Association to a recognized insurance carrier
licensed to do business in this state and approved for this product by the Commerce
Commissioner under Minn. Stat. § 60A.40.
(3) Rollover. Rollover to an IRA account pursuant to Article XIV, Section 14.2 of these
Bylaws.
Section 14-.2. Rollw,er to IRA. Upon written request from the retiring member who has
given proper notice of retirement, the Secretary or Treasurer shall directly transfer the
service pension amount into an Individual Retirement Account under Section 408(a) of
the Internal Revenue Code, as amended.
AIELMICzE XV
EARLY 4TPSTT�1G PR®NTISI®N
Section 15.1. Vesting Schedule: In the event a member with ten (10) years or more but
less than twenty (20) years of active service on the Fire Department resigns or otherwise
becomes a nonmember, that person shall be entitled to the following benefit that
represents the nonforfeitable portion of
Completed Years of Active Service Non -forfeitable Percentage of Pension Amount
10 60 percent
11 64 percent
12 68 percent
13 72 percent
14 76 percent
15 80 percent
16 84 percent
17 88 percent
18 92 percent
19 96 percent
20 and thereafter 100 percent
AILWICLE XVI
DEFERRED PENSION STATUS
Section 16.1. Deferred pension rolls: A member of the Association who has served as
an active firefighter in the Fire Department for at least ten (10) years, but has not reached
the age of fifty (50) years, may terminate from the Fire Department and be placed on the
deferred pension roll. Upon reaching age fifty (50) and provided that membership in the
Association has been maintained for at least ten (10) years, upon approval of a valid
written application, in accordance with Section 13.2, and Section 13.3 of these Bylaws
such member shall be paid the base sum for each year of active service in the Fire
Department as was payable at the time of termination from active service in the Fire
Department and reduced pursuant to the early vesting schedule in Article XV of the
Bylaws. A member who is on the deferred pension roll shall not be eligible to receive
any of the ancillary benefits provided for in these By-laws except those that are specified.
Section 16.2. Interest paid: The Association shall, add to the deferred member's
account, interest, at the rate of five percent (5%) compounded annually.
Section 16.3. Deceased Deferred Member: If the member dies while on the deferred
pension roll, the total deferred pension applicable at the time of death shall be paid to the
members surviving spouse or children, or estate pursuant to Article XII of the Bylaws.
.EiRTICLE XVII
PROCEDURE FOR RENEW
Section 17.1. Right to Appeal: In the event that the Board of Trustees denies an
application for a service or ancillary pension benefit, the member shall be entitled to the
right to appeal the determination.
Section 17.2. asserting Appeal Rights: If an application is not approved. The Board of
Trustees shall return the application to the applicant within thirty (30) days. noting
thereon, with particularity, to which requirements the applicant has not met. Thereafter,
the applicant shall be furnished with the opportunity to be heard by the full Board of
Trustees, on the question of whether the applicant meets all of the eligibility
requirements. The member shall indicate that the member intends to appeal by furnishing
the Board of Trustees with a written intent to appeal that is filed with the Secretary of the
association within thirty (30) days of receiving an adverse determination. The intent to
appeal shall be certified by the member.
Section 17.3. Procedure: Upon receipt ofthe written intent to appeal, the Board of
Trustees shall hold a special meeting within sixty (60) days of receipt of the written intent
to appeal. Timely notice of the meeting shall be given to the member at least fifteen (15)
days prior to the special meeting. The member shall have the reasonable opportunity to
be heard by the Board of Trustees at the special meeting with regard to the negative
determination. The board reserves the right to engage the services of a mediator or
arbitrator, acceptable to both parties, at any time during the appeal. The mediator or
arbitrator shall be selected from the Rule 114 Supreme Court Roster. The cost of the
mediator or arbitrator shall be split in half among both parties.
ARTICLE XVIII
LE'vUT'S ON BENEFITS
Section 18.1. Domestic Relations Order: A domestic relations order shall be accepted
by the plan administrator if in compliance with state and federal law. No benefits shall be
paid under a domestic relations order which requires the plan to provide any type or form
of benefit, or any option, not otherwise provided under the Plan or under state law.
Section 18.2. Garnishment, judgment or legal process: No service pension or ancillary
benefits paid or payable from the special fund of a relief association to any person
receiving or entitled to receive a service pension or ancillary benefits shall be subject to
garnishment, judgment, execution, or other legal process, except as provided in Minn.
Stat. §§518.58, 518.581, or 518.611.
Section 18.3. Assignments: No person entitled to a service pension or ancillary benefits
from the special fund of a relief association may assign any service pension or ancillary
benefit payments, nor shall the association have the authority to recognize any
assignment or pay over any sum which has been assigned.
Section 18.4. Limits on Pensions: No provision, which places limits on benefits, as
contained within Section 415 of the Internal Revenue Code shall be exceeded. Plan
participants cannot receive an annual benefit greater than the amount specified in Section
415 of the code as may subsequently be amended.
ARTICLE XIX
A2v EN]DMENTS
Section 19.1 Amendment (s) Procedures: The bylaws of the Association may be
amended at any regular or special meeting of the Association by a majority of the
members present and voting, provided that a quorum is present. At the meeting, the
membership shall have an opportunity to discuss the proposed amendments (s). After the
discussion the proposed amendments (s) may be acted upon. Subject to a waiver, the
Secretary of the Association shall mail notice to each member, at their last known
address, not less than thirty (30) days prior to the reading and vote of the proposed
amendment (s). Such notice shall set forth the date, time, place, proposed amendment (s)
and any other purpose of the meeting. The Secretary shall also post the same notice on
the bulletin board at the Fire Department. If such amendment or amendments shall
change the amount of benefits or pensions, approval of the Hugo City Council must be
obtained if a municipal contribution is required to fund such change or if state law so
requires.
AlIVEXCLE SZ
RE-ITIEW
Section 20.1. Periodical review: These bylaws shall be reviewed by a committee of no
less than three (3) people on a biannual basis. The review committee shall be composed
of the President of the Association and members of the General membership. This review
shall occur on an as needed basis.
Agenda Number G &
CITY OF HUGO COMMUNITY DEVELOPMENT
DEPARTMENT
PLANNING AND ZONING APPLICATION
STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Leitz, Community Development Assistant
SUBJECT- Daryl Bolieek. Interim Use Permit for a Brewing Operation Home
Occupation
DATE: August 10, 2016 for the City Council Meeting of August 15, 2016
ZONING: Agricultural (AG)
LAND USE: Agricultural (AG)
REVIEW DEADLINE: October 25, 2016 (Extended)
1. PLANNING COMMISSION UPDATE:
The Planning Commission is holding a public hearing and considering the application request at
its meeting on August 11, 2016. Staff will provide the Council with an update prior to the City
Council meeting.
2. DESCRIPTION OF REQUEST:
The applicant is requesting approval of an interim use permit for a home occupation for a brewing
operation at the property located at 9480 140'' Street North. The property is 40 acres and is located
in the Agricultural zoning district.
3. LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying an Interim Use Permit use permit is limited to
whether or not the permit meets the standards outlined in the Comprehensive Land Use
Regulations. If it meets these standards, the City must approve the interim use permit.
4. BACKGROUND:
In the Spring of 2016, staff began a discussion with the applicant in regards to operating a beer
brewing process on his property located at 9480 140'' Street North. The applicant has described
his business as a start-up, but wants to plan for future growth, and therefore is asking for flexibility
Bolicek 1UP
Page 2
on some of the general home occupation standards. This is permitted since the applicant resides
within the rural area of the City.
The applicant has stated that he would like to use all of both accessory buildings on the site. The
business would be operating out of a 3,750 sq. ft. accessory building (building A) and a 1,250 sq.
ft. accessory building (building B). The applicant has stated that building A will be used for office
work and the production of beer and would house all equipment needed for the brewing process.
Building B will be used for cold storage and the staging of kegs for distribution.
The applicant is the owner of the business, resides on the premises, and currently has one
employee. This employee, the Head Brewer, presently lives at the residence as well. This
employee brews beer and manages brewing operations. The applicant has stated that he would
like to add two more employees as the business grows, which could be within two years. The
second employee, the Brewer's Hand, would assist the Head Brewer in the production of beer.
The third employee, the Sales Director, would organize the finished products, perform data entry,
manage customer accounts, and carry out sales calls and deliveries. In total, there may be up to
four business employees (including the owner) on site during business hours. These employees
will be making daily trips to and from the applicant's property. The applicant has stated that he
would need a maximum of six trips per day, his Head Brewer two trips per day, the Brewer's Hand
two trips per day, and the Sales Director four trips per day. The applicant is asking for, in total,
14 trips per day with one added trip per week for grain and hop delivery. The count of these trips
were calculated solely based on business related activities.
The applicant currently has a conditional use permit for a driveway that crosses a vacant piece of
land owned by another resident. The large lots within this area and land fragmented by wetlands,
the applicant's home and accessory buildings are screened from view from adjacent properties and
the road. The applicant currently stores two pick-up trucks, which are both personal and business
vehicles, within the home's garage. The applicant described purchasing a refrigerated truck and a
delivery van as the business grows in the next two years. The applicant has stated that the delivery
van will go home with the Sales Director, while the refrigerated truck will be parked outside of
building B.
The ordinance states that business hours shall be 7:00 a.m. — 9:00 p.m., Monday through Saturday
and 8:00 a.m. — 8:00 p.m. on Sundays. The applicant has stated that he will be operating the
business within these time standards set by ordinance. The applicant has also stated that there will
be no noise produced from the brewing operation and that there may be a light odor produced from
the brewing process, which generally lasts one hour, and will be done three times per week.
5. ,ANALYSIS:
The zoning code outlines a number of general standards for the operation of home occupations. If
a home occupation complies with the standards, a permit is not required. Home Occupations that
do not meet the general standards may be approved in some cases with an interim use permit. In
rural areas of the city, there is more flexibility for approval of certain home occupations because
they are less likely to negatively impact adjacent property owners and impact the character of the
neighborhood than in the urban residential areas of the City. A rural home occupation may be
E
Bolicek IUP
Page 3
granted in areas within the Agricultural, Long Term Agricultural, Future Urban Service, and Rural
Residential zoning districts or within any urban zoning district on property greater than 10 acres
in size. With an interim use permit, the applicant may request exceptions to several of the general
standards. In this case the applicant is requesting exceptions to three of the general performance
standards as described below:
(3) All home occupations shall be conducted entirely within the principal dwelling, except that
up to 50 percent of the total floor area of accessory structures (e.g., attached garages, detached
garages, and other outbuildings) on a site may be used for the storage ofequipment, trailers, or
materials related to the home occupation, provided that no assembly, display, manufacturing,
repair, or other business operations are conducted within an accessory structure. In no event
shall the storage of materials related to a home occupation result in fewer parking spaces than
required by this code.
The applicant is proposing to use 100% of both accessory buildings on site. Staff feels comfortable
with this request because all business operations are proposed to be conducted within building A,
while building B will solely be utilized for storage of the finished product. The operations that
would be occurring inside of building A are not plainly evident to adjacent property owners, and
staff is not opposed to the entire building being used for the home occupation.
(7) No home occupations shall generate on average more than eight vehicle trips per day,
including no more than one delivery vehicle of a type that customarily serves a residential area.
Vehicle trips related to the home occupation from customers and clients should generally be by
appointment only.
The applicant is proposing flexibility to this standard because the number of average vehicle trips
exceeds the general ordinance standard. The applicant has indicated that for the first year of his
business, there will only be two employees, which will yield a maximum number of trips of eight
per day. The applicant stated that as the business grows and two more employees are hired, the
maximum number of vehicle trips would be fourteen per day. In addition, there will be grain and
hop deliveries made once per week. Since there are such few homes along 140'h Street, staff does
not believe this number of trips would negatively affect the residents and future residents along
140th Street.
(12) No more than one person, other than those who reside on the premises, shall engage in
business activities on the premises. The business may employ others only if their work activities
are performed off the premises.
The applicant is proposing flexibility to this standard because as the business grows, the applicant
expects to hire more employees. The infrastructure for the brewing process would already be
established at the applicant's home, therefore, employees would need to report to the site for
business activities. Because of the nature of the rural area and this property, staff believes the
business activities conducted on site would generally not be noticed by neighboring residents and
having more than one employee on site is reasonable.
3
Bolicek ]UP
Page 4
6. CRITERIA FOR APPROVAL OF A HOME OCCUPATION INTERIM USE
PERMIT:
An application for a home occupation interim use permit may only be granted upon a finding that
all the following criteria have been met:
(A) The applicant owns the property and resides at the principle residential address associated
with the home occupation unless the Council determines that unique conditions or circumstances
warrant special arrangements.
The applicant owns the property and resides at the principle residential address associated with
the home occupation.
(B) The proposed home occupation is allowed as an accessory use in the respective zoning
district and conforms to the zoning ordinance.
A home occupation is allowed as an accessory use in the Agricultural (AG) zoning district.
(C) The proposed home occupation is in keeping with the spirit and intent of the zoning
ordinance.
The spirit and intent of the ordinance is to allow for the operation of home occupations, as long
as the operation of the occupation is not evident to surrounding property owners. Because the
applicant's home and both accessory buildings are screened from view from any neighboring
properties and from the road, it is staff's opinion that the proposed business is keeping with the
spirit and intent of the ordinance.
(D) The proposed home occupation is compatible with the present character of the surrounding
area.
This area is characterized as a rural residential setting with houses spaced apart on large parcels
of land. Many of these parcels also have accessory structures on site. Since business operations
will be housed within accessory structures on the applicant's property, it is in staff's opinion that
the home occupation is less likely to negatively impact the character of the area.
(E) The proposed home occupation shall have a set date in which the permit shall be reviewed
and extended through the renewal process or terminated.
The interim use permit shall be reviewed in one year and shall expire in two years, September 6,
2018.
(F) The home occupation will not impose additional unreasonable costs on the public.
The home occupation would not impose additional unreasonable cost to the public.
In
Bolicek IUP
Page 5
(G) The proposed horse occupation shall be subject to, by agreement with the property owner,
any conditions that the City Council deems appropriate for permission of the use.
To operate the business on the property the applicant will have to sign the interim use permit and
agree to the conditions outlined in the permit. The interim use permit will be reviewed in one
year.
7. CONCLUSIONIRECOMMENDATION:
In conclusion, staff has discussed the proposed business at length with the applicant. In a rural
residential setting such as this, the operation of a home occupation should be almost unnoticeable
to the neighbors. The location of the buildings and the natural features of the site seem to provide
enough of a buffer to eliminate disturbance to any adjacent neighbors. The applicant is allowed to
ask for flexibility on six of the general standards for home occupations since the proposed home
occupation is located in the rural area of the City. The applicant has requested flexibility on three
of these standards, which include flexibility on the use of accessory structures, number of vehicle
trips, and number of employees. It is in staff s opinion that the flexibility requested based on the
general standards is reasonable.
Staff recommends approval of the home occupation interim use permit application with the
conditions listed in the attached resolution.
ATTACHMENTS:
1. Site Map
2. Applicant's Narrative (Exhibit A)
2. Site Plan (Exhibit B)
3. Resolution
4. Home Occupation Interim Use Permit
5
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Cosmos Brewing Narrative
Brewing Operations
Building "An Will be used for office work and the production of beer. This building houses: brew
house, grist case, grain mill, lenticular beer filter, CIP machine (for cleaning tanks), 2-30BBL
fermenters, 4-15BBL fermenters, 1-30BBL Brite tank, 1-15BBL Brite tank, Keg washer /filler, beer
ingredients such as yeast, hops, barley, wheat, oats, rice. All brewing operations take place in this
building.
Building 'B" Will be used for cold storage and the staging of kegs for distribution. This building will
be kept at 38 degrees year round and house beer in kegs that are ready for sale. After the beer is
packaged it will be moved to this building via hand truck or pallet. The distance between the buildings
is 20 feet.
Employee #1 - Employee #1 lives at the residence_ Their job Title, President. Job description
includes managing all operations. B vehicle trips per day max.
Employee #2 - Employee #2 Lives at residence. Their job title, Head Brewer. Job description
includes brewing, managing brewing operations. 2 vehicle trips per day max.
Employee #3 - Sam employee #3 shows up to work inside Building W. Their job title, Brewer's
Hand. Job description includes lifting, morning, organizing, and following the head brewer's Instruction
in the production of beer. Spm they return home. 2 vehicle trips per day max.
Employee #4 - Sam employee #4 shows up to work inside building W. Their job title, Sales Director.
Job description includes organizing finished product, entering data into computer, managing
customer accounts and doing sales calls and deliveries. 4 vehicle trips per day max.
- Deliveries - grain and hop deliveries will be made once a week and delivered to Building W
- Vehicles - There are 2 Cosmos Brewing pick-up trucks that are owned by the residents. These are
personal vehicles owned by the owners of Cosmos Brewing and stored in the garage of the house.
One Refrigerated truck and one delivery van will be purchased within 1-2 years. The salestdelivery
van will go home with the sales director. The refer truck will be parked outside of building °B°
- Noise and Oder - Little to no noise will be produced by this brewing operation. A light pleasant oder
can be smelled during the boil process of brewing, duration aprox. Ihour
All of this information is based on the brewery being in full production. This may take 1-2 years to
reach.
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RESOLUTION 2016 -
APPROVING AN INTERIM USE PERMIT TO ALLOW FOR A BREWING
OPERATION HOME OCCUPATION AS AN ACCESSORY USE, ON PROPERTY
LOCATED AT 94801401" STREET NORTH
WHEREAS, Daryl Bolicek has requested approval of an Interim Use Permit (IUP) to
allow for the operation of a home occupation as an accessory use on the property legally
described as follows:
(See Attached)
WHEREAS, the Planning Commission has reviewed the request at a duly called public
hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
request by Daryl Bolicek for an Interim Use Permit (IUP) to allow for the operation of a
home occupation as an accessory use, subject to the following findings of fact:
1. The applicant owns the property and resides at the address associated with
the home occupation.
2. The home occupation is allowed as an accessory use in the agricultural
zoning district.
3. The spirit and intent of the ordinance is to allow a way for a property
owner to have a home occupation with and interim use permit with
conditions to limit the operation of the business. The home occupation
shall meet the general performance standards and procedures by which
home occupations can be conducted without jeopardizing the health,
safety and general welfare of the surrounding properties. The business
meets the spirit and intent of the ordinance.
4. The present character of the surrounding area is agricultural. The applicant
is requesting flexibility on the use of 100% of both accessory buildings on
site, an increase in vehicle trips, and an increase in the number of
employees. Because the home occupation is located within the rural area,
the applicant may ask for flexibility on these items. The home occupation
is compatible with the character of the area.
5. The home occupation will not impose additional unreasonable cost to the
public.
6. To operate the business from the property the applicant agrees to sign the
interim use permit and agrees to the conditions outlined in the permit.
7. The interim use permit shall be reviewed in one year.
Resolution 2016 -
Page 2
8. The interim use permit shall expire August 15, 2018.
ADOPTED by the City Council this 15' day of August, 2016
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
DATE OF APPROVAL:
APPLICANT/
PROPERTY OWNER:
PROPERTY ADDRESS:
PROPERTY ID:
DURATION:
ZONING DISTRICT:
INTERIM USE PERMIT
August 15, 2016
Daryl Bolicek
9480 140"' Street North
24.031.21.32.0001
Expires August 15, 2018
Agricultural (AG)
LEGAL DESCRIPTION: See attached
THIS INTERIM USE PERMIT ALLOWS FOR THE FOLLOWING:
A home occupation for the property located at 9480 140'h Street North subject to the
following conditions:
1. The home occupation shall operate in a manner that is consistent with applicant's
narrative (Exhibit A) and applicant's site plan (Exhibit B).
2. The home occupation shall be secondary to the residential use of the premises and
shall not change the character of the area.
3. The existence of the home occupation shall not be apparent beyond the
boundaries of the site.
4. The home occupation shall not permit light, glare, noise, odor, smoke, dust, or
vibration that will in any way have an objectionable effect upon adjacent or
nearby property owners.
5. No commodities shall be sold on the premises except incidental materials or
agricultural products.
6. No on street parking shall be permitted related to the home occupation.
7. There shall be no more than 14 business related vehicle trips per day. In addition,
there shall be no more than 1 delivery trip to the property per week.
8. No more than 3 people, other than those who reside on the premises, shall engage
in business activities from the premises. There shall be no more than 4 employees
in total.
9. Exterior Storage on the site shall be limited to one refrigerated truck.
10. Building B shall only be used for the storage and staging of kegs for distribution.
11. Business hours shall follow ordinance standards: 7:00 a.m. — 9:00 p.m., Monday
through Saturday and 8:00 a.m. — 8:00 p.m. on Sundays.
12. The applicant shall receive all required state and federal permits for the brewing
operation on site.
ADOPTED by the City Council this 15t" day of August, 2016.
Tom Weidt, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 2016, before me, a Notary
Public, personally appeared Tom Weidt, Mayor of the City of Hugo, a Minnesota
municipality within the State of Minnesota, and that said instrument was signed on behalf of
the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt,
Mayor, acknowledge said instrument to be the free act and deed of said City of Hugo.
Notary Public
Daryl Bolicek, Owner
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
(Individual Notary)
On this day of , 2016, before me, a Notary
Public, personally appeared Daryl Bolicek who signed the foregoing instrument and
acknowledged said instrument to be his free act and deed.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: THE CITY OF HUGO
14669 Fitzgerald Avenue North
Hugo, MN 55038
Agenda Number G.7
CITY OF HUGO COMMUNITY
DEVELOPMENT DEP X.RTMENT
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Planner
SUBJECT: D.R. Horton. Clearwater Cove 3rd Addition Final Plat and Development
Agreement
DATE: August 10, 2016, for the City Council Meeting of August 15, 2016
60 -DAY REVIEW DEADLINE: September 17, 2016
1. PROPOSED MOTION:
Move to approve the resolution approving the Final Plat and Development Agreement for
Clearwater Cove 3'd Addition. Approval of the Final Plat requires a 315 vote of the City Council.
2. DESCRIPTION OF REQUEST:
The applicant is requesting approval of a final plat in order to plat 14 residential lots and 1 outlot
on the 10.39 acre parcel located south of Frenchman Road (CSAH 8) and east of Everton Avenue
North. The site is currently a vacant outlot.
3. BACKGROUND:
The City Council reviewed will review the PUD General Plan and preliminary plat for
Clearwater Cove at its August 3, 2015 meeting. The final plat will plat 14 lots from the
Clearwater Cove preliminary plat. There are no changes to the lots from the preliminary plat. The
lots meet the minimum lot standards and requirements outlined in the regulations for the
Clearwater Cove PUD.
The park dedication requirement will be met by cash in lieu of land in the amount of $33,600.
Clearwater Core Y4 Addition Final Plat
Page 2
4. RECOMMENDATION:
Staff recommends approval the resolution approving the Final Plat and Development for
Clearwater Cove 3' Addition.
ATTACHMENTS:
a) Resolution Approving the Final Plat and Development Agreement
b) Location Map
c) Engineer's Memo dated August 15, 2016
d) Draft Development Agreement
e) Final Plat Graphics stamp dated July 19, 2016
fl Final Plat Construction Plans dated July 12, 2016
g) Final Landscape Plans dated July 6, 2015, revised August 9, 2016
h) Water Re -Use Map dated June 26, 2015
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 2016 -
APPROVING A FINAL PLAT AND DEVLEOPMENT AGREEMENT FOR D.R.
HORTON, INC. — MINNESOTA FOR CLEARWATER COVE 3`d ADDITION
WHEREAS, D.R. Horton, Inc. — Minnesota, has requested approval of a final plat for the
property legally described as follows:
Outlot H, Clearwater Cove
WHEREAS, the Planning Commission has reviewed the preliminary plat and PUD at a duly
called public hearing and recommended approval of the preliminary plat and PUD; and
WHEREAS, the City Council approved the preliminary plat and PUD at its meeting on August
3, 2015.
NOW, THEREFORE, 3E IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY
OF HUGO, MINNESOTA, that it should and hereby does approve the request by D.R. Horton,
Inc. — Minnesota, for a final plat, subject to the following conditions:
The final plat is approved to allow the creation of 14 single family Iots and I outlot, in
accordance with the plans and application received by the City on July 19, 2016, except
as amended by this resolution.
2. The development shall substantially comply with all plans and conditions of the PUD and
preliminary plat approval granted by the City on August 3, 2015.
3. Development standards shall comply with Resolution 2015-38 and 2015-39, as amended.
4. The developer shall comply with all conditions outlined in the City Engineer's memo
dated July 16, 2015, August 12, 2015, and August 15, 2016, and revisions required in
"redlined" comments from the City Engineer.
5. The developer shall design and install a stormwater re -use system for irrigation of the
individual lots.
6. The developer shall establish a property owners association for the development to
own/operate/maintain common elements, landscaping, and the water re -use system.
7. The 8 foot wide bituminous public trail connection from Victor Gardens as shown in the
plans shall be installed, prior to the release of the letter of credit for the development. The
trail shall end at the cul-de-sac connections. An escrow shall be established with the City
to extend the trail to the south plat boundary at the time deemed necessary by the City.
8. The landscaping planned for the plat shall be installed in one phase. The developer shall
take proper precautions to protect the trees as the homes are being built.
Resolution 2016-10
Clearwater Cove 3rd Addition Final Plat and Development Agreement
9. Each home shall include a minimum of 2 parking spaces within the driveway. The
driveway widths shall be a maximum of 24 feet at the right of way line.
10. Oulot A will be for a future phase of development.
1. Building Setback for this addition on the PUD are as follows:
Minimum Setbacks
Front 25 feet
Side 7.5 feet
Rear 30 feet
12. Prior to commencement of any grading:
a) The developer shall obtain any necessary permits from FEMA for filling the
floodplain.
b) The developer shall obtain all necessary local, state, and federal permits.
c) The developer shall obtain all necessary stormwater management and wetland
conservation act (WCA) permits from the City
13. Prior to recording the final plat:
a) The final plat shall be revised to include the adjacent property lines in the underlying
plat.
b) The stormwater re -use system design shall be reviewed and approved by staff. The
stormwater re -use operation and maintenance agreement shall be approved by the
City.
c) The developer shall submit a street lighting plan for this phase. The plan shall be
reviewed and approved by the City
d) The developer shall provide copies of the property owners association
documents/covenants for City review. A copy of the document shall be filed for
recording with the final plat.
e) The developer shall enter into a development agreement, shall agree to complete all
improvements, and pay all fees as required by the agreement.
14. Prior to the issuance of building permits:
Resolution 2016-10
Clearwater Cove 3rd Addition Final Plat and Development Agreement
a) The developer shall file the final plat, development agreement, and associated
documents with Washington County. Proof of recording shall be provided to the City.
b) The developer shall submit three full sets of approved final plans to the City.
c) Prior to issuance of a building permit for any lot within the existing FEMA 100 -year
floodplain, a CLOMR or other required approval, shall be obtained from FEMA for
that lot, removing it and/or building site from the floodplain.
d) If a sales trailer is located in the property, a site plan and building elevations shall be
submitted for City review and approval.
15. Prior to Certificate of Occupancy for the 151 building:
a) The entire length of Oneka Parkway, from CSAH 8 to the southwest corner of Lot 1,
Block 1, along with the structure crossing Clearwater Creek, shall be constructed
within the dedicated right-of-way as an urban section roadway to City Standard, with
sidewalk and trail, with the first layer of bituminous.
ADOPTED by the City Council on August 15, 2016.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
Clearwater Cove 3rd Addition�±±. N
Final Plat Site Map w+E
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August 15, 2016
Ms. Rachel Juba
City Planner
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Final Plat Review
Clearwater Cove 3rd Addition
W5B Project No. 1904-753
Dear Ms. Juba:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
We have completed our review for the Clearwater Cove 3rd Addition Site Plan and Final Plat Review.
The following information was received for review:
■ Final Plat, date not specified
■ Utility and Street Plan, dated 7/12/2016
■ As -built Grading Plan, dated 3/8/2016
■ Storm Sewer Pipe Sizing Calculations, dated 6/26/2015
■ Drainage Area Map, dated 6/26/2016
■ Outlot H Easement Vacation exhibit, dated 7/18/16
■ Clearwater Cove 3rd Addition Lot Area Table, dated 6/29/16
Based on the review of the plans, we offer the following comments related to the application:
Final Plat
1. The final plat is consistent with the approved preliminary plat documents for Clearwater Cove 3rd
Addition, and the appropriate drainage/utility easements have been provided within the plat area.
2. The proposed easement vacation within Outlot Hof Clearwater Cove 15t Addition is necessary to
allow the platting of the new lots to occur. The Final Plat for Clearwater Cove 3rd Addition includes
the creation of Outlot A, which has a Drainage and Utility Easement over its entirety.
Development Agreement
1. There area number of development fees outlined within the City's Fee Schedule that will become
due as part of the final plat. The development fees are included within Exhibit C of the Development
Agreement.
Equal Opportunity Employer
wsbeng.com
X:101904-753JAdmfn I D00j1904-753 CAM CTRvJuba-081516-❑eonouterCom 3rd pF doa
Ms. Rachel Juba
August 15, 2016
Page 2
Grading Street and Utility Plans
1. We are working directly with the applicant's engineer to finalize the grading, street, and utility
construction plans, specifications and details. We will issue the drainage permit and construction
plan approvals once the remaining issues have been resolved. We do not expect that any remaining
plan changes will have significant impact on the final plat.
Thank you for the opportunity to provide comments on this project. If you have any questions, please
do not hesitate to contact me at 763-287-7192.
Sincerely,
WSB & Associates, Inc.
nedy, PE
t ngineer
cc: Scott Anderson, Public Works Director (email only)
Steve Duff, Senior Engineering Technician (email only)
Stephanie Hatten, Water Resource Engineer (email only)
K. 101904-753S4dminjDo 17904-753 COM LTR-rju6u-081516-CfenrwoterCow 3rd FP.do
Return To:
City of Hugo
14669 Fitzgerald Ave N a
Hugo, MN 55038
CITY Off' HUGO
WASHINGTON COUNTY, MINNESOTA
DEV ELOPME T AGREEMENT
Clearwater Cove 3rd Addition
THIS AGREENMINT .made ate: entered into this_ day of 2016 by and
between the CITY OF iGo, a 1k4innesota municipality organized under the laws of the State of
Minnesota (hereinafter re to as "City"); and D.R. Horton, Inc. — Minnesota (hereinafter
referred to as "Developer").
WITNESS:
Re-- 08/11/16
WHEREAS, the City Council of the City has, by Resolution Number 2015-39 on
August 3, 2015, approved the preliminary plat for a major subdivision as proposed by the
Developer to be known as "Clearwater Cove" ; and,
WHEREAS, the City Council of the City has, by Resolution Number 2015-38 on
August 3, 2015, approved the PUD general plan for a major subdivision as proposed by the
Developer to be known as "Clearwater Cove" ; and,
WHEREAS, the City Council of the City has, by Resolution Number 2016- on
May 16, 2016, approved the final plat for a major subdivision as proposed by the Developer to be
known as "Clearwater Cove Yd Addition" (hereinafter referred to as the "Plat"); and,
WHEREAS, the Plat proposed a development of an approximately 10 acre parcel of
land into 14 residential lots; and,
WHEREAS, it is the policy of the City to enter into development contracts as
contemplated in Minnesota Statutes §462.358, Subd. 2(a); and,
WHEREAS, the parties hereto desire to set forth their respective rights and
obligations of the parties to this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual promises
and conditions contained herein, it is agreed by the parties hereto as follows:
A. GENERAL ENGINEERING CONDITIONS;
1. Escrow for Chty Costs and Fees. Developer shall, contemporaneously with
the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover
the cost of legal fees, engineering and construction observation fees, administrative expenses, and
other costs related to this Plat.
All fees and costs incurred by the City in connection with the Plat shall be
charged against said escrow account which shall remain in effect until the expiration of the
warranty period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the
responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow
account after the completion of the warranty period shall be refunded to the Developer. In the event
that the escrow account herein is depleted, Developer agrees to post additional funds to replenish
the account and to cover projected City costs. Specifically, Developer agrees that the escrow
account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon
request, to an itemized statement of all costs and fees charged against this escrow account.
Clearnyater Co—e 31- Addition
011
2. Development Plans. In accordance with the policies and ordinances of the
City, and subject to all City resolutions and approvals in connection herewith, the Developer shall
construct the proposed improvements (hereinafter referred to as the "Improvements"). All
Improvements shall be constructed and installed pursuant to the terms and conditions herein set
forth in accordance with the plans approved and listed on Exhibit A, subject to all City resolutions
and approvals listed in Exhibit B, subject to final approval by the City, and in accordance with City
standards and requirements including those listed herein. In addition, all public street, utility, and
storm drainage improvements shall comply with the City's adopted specification book and the
reasonable direction of City staff.
3. Authorization to Proceed with Construction. Developer agrees not to
commence any grading, utility or street work within the Plat until the following are completed:
1) Construction plans are approved by the City and distributed.
2) Pre -construction conference is held.
3) Notice to Proceed is issued.
4. Construction Observation. The City, for its benefit, will provide staff of
its choosing to provide construction observation for the Improvements outlined in this Agreement.
All costs associated with construction observation and inspection will be the responsibility of the
Developer. The Developer shall allow City staff and City consultants access to the Plat to allow for
this work to occur.
5. Miscellaneous Requirements.
a) Property Corners: All property corners as identified on the Plat
must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance,
as defined in paragraph 7 of this Agreement.
b) Drainage Easements: Drainage easements shall be dedicated on
the Plat so as to cover any wetlands and stormwater ponding areas located below the 100 -year high
water levels.
c) Soils Testing: Soils inspection and compaction testing by a
registered professional engineer shall be accomplished on all lots where filling is required, in
accordance with the approved Grading, Drainage, and Erosion Control Plan. A minimum of one
(1) compaction test for all developed Iots shall be obtained for every two (2) foot increment of fill
that is placed. A summary of all inspections and compaction tests for all developed lots shall be
provided to the City upon completion of the grading and shall be provided for a respective lot prior
to the issuance of a building permit for such lot.
d) Private Utilities: All private utilities that are installed, including
Clearwater Cove 3,-idditicn
3
electricity, telephone, natural gas and cable television, shall be installed underground.
e) Mailboxes: Developer shall coordinate mailbox locations with the
United States Postal Service.
f) Street Lights: Street lights shall be installed within the Plat
according to the Street Lighting Plan, which will first be approved by the City Engineer. Developer
shall also submit its Street Lighting Plan to the applicable power company for its review, comment
and approval. The installation of the street lights shall be coordinated with the applicable power
company so that the street light system is installed, constructed and operated in such a manner as
will harmoniously exist with other street lights within the area.
g) Working Hours: Construction acti-vity, including equipment
startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through
Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays.
h) Street Sweeping: Developer shall sweep and/or otherwise clean all
streets, as needed, within and adjacent to the Development property as a result of construction
activities associated with the Plat until final acceptance of the Improvements. If the streets are not
maintained in a manner acceptable to the City, after reasonable notice to the Developer the City will
arrange for the street sweeping at Developer's cost.
i) Placement of Bituminous Wear Course: The bituminous wear
course can be placed on all streets once all of the following have occurred:
1. A Certificate of Occupancy has been issued for at least 75%
of the lots or a cash escrow in the amount of $10,000 has
been deposit with the City which will be held until 75% of
the lots have received Certificates of Occupancy. At the
City's discretion, the wear course may be placed prior to
having 75% occupancy. If applicable, the warranty period
shall be extended an additional one (1) year for a total of two
(2) years from final acceptance. In no case shall the wear
course be placed with less than 50% occupancy.
2. The base course on all streets has been in place for at least
one full freeze -thaw cycle.
3. City staff or its assignees have visually inspected all
roadways and curb within the Development, and any repairs
necessary as a result of said inspection are complete and
written approval issued.
6. Proiect Completion: The Improvements listed herein on Exhibit A, including
street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval
of the City in accordance with the approved plans. All Improvements shall be substantially
Clearwater Co -•e 3r' Addition
4
completed to the reasonable satisfaction and approval of the City within twelve (12) months of the
execution of this Agreement. Substantial completion shall consist of all work with the exception of
placement of the bituminous wear course and completion of the final punchlist. The Developer
shall be excused from the strict completion date set forth herein if written notice is received from
the Developer of the existence of causes over which the Developer has no control which will delay
the completion of the work and approved in writing by the City. In that event, the City may extend
the date or dates herein specified.
7. Project Acceptance: Final project acceptance will be considered by the City
Council once the following have been completed:
(a) All Improvements are installed according to the approved plans.
(b) All punchlist items are completed.
(c) All Record Drawing information has been provided to the City to its
satisfaction.
(d) Escrow account for City costs and fees is current in accordance with the
provisions of this Agreement.
(e) The City receives confirmation via lien waivers that contractors or other
parties have been paid for the work completed.
(f) The City receives a written request from the Developer to accept the
Improvements.
8. Record Drawine Requirements and Engineer's Certification. Following
completion of all development activities and prior to the release of security and acceptance of
Improvements, the Developer and/or their assignee shall provide to the City "as -built' plans for the
Improvements listed on Exhibit A. This information shall be provided to the City in the following
formats:
(a) 1 -set mylar drawings (22" x 34") for all Improvements.
(b) 1 -set paper drawings (22" x 34") for all Improvements.
(c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the
final plat.
All Record Drawings shall include the following information:
(a) All bench marks shown on plans (bench marks shall be top nut of hydrants).
(b) Swing ties to all gate valves shown on plans (ties should be to manholes,
catch basins, hydrants or other permanent objects.
(c) Swing ties to curb stops shown on plans (ties should be to manholes, catch
basins, hydrants, property corners or other permanent objects).
(d) Top of casting and invert elevation for all structures.
(e) All pipe sizes, material type, pipe classification, grades and lengths
Clearwater Cove 3rd Addition
19
(f) All horizontal and vertical curve data in the appropriate location on the
plans.
(g) Televised report of the sanitary sewer with videotape.
(h) Swing ties to any manhole or catch basin outside the roadway area.
(i) A text file including the x, y and z coordinates (based on Washington
County's coordinate system) for the following:
1. All curb stops
2. All hydrants
3. All gate valves
4. All manholes located outside of the roadway
9. Construction Warranty and Financing of Improvements. The Developer agrees
to construct the Improvements described herein at its own expense and in accordance with City
specifications. The Developer shall engage at its own expense a registered, professional civil
engineer to prepare plans and specifications for the Improvements and shall submit the same to the
City for review and approval. The Developer represents and warrants that all of the Improvements
made as a part of this development shall be guaranteed to be properly functioning as designed for a
period of not less than one (1) year following acceptance of the entire project by the City. In the
case of any material or labor that is supplied and that is reasonably rejected by the City as defective
or unsuitable, then the rejected materials shall be removed and replaced with approved material,
and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at
the sole cost and expense of the Developer. In any event, none of the warranty periods expressed
herein shall begin to run until all of the Improvements within the Plat have been approved and
accepted by the City.
The Developer's engineer shall certify that grading within the Plat was completed in
accordance with the approved Grading, Drainage and Erosion Control Plan before the City issues
any building permits. The Developer shall remain ultimately responsible for accurate grading of all
lots and shall correct any deficiencies in grading that may be discovered until the certificate of
occupancy is issued or the developer is released from its obligation under this Agreement as
outlined in paragraph 7 above.
10. jM. The Developer shall prepare a plan for all regulatory, directional and street
name signs to be within the Plat. The plan shall be reviewed and approved by the City's public
works department. Upon plan approval, the City's public works department shall install all public
signage within the Plat. The installation of all private signage shall be the responsibility of the
Developer. All costs related to the installation of public signage shall be the responsibility of the
Developer and will be deducted from the Developer's escrow account. The Developer shall post
funds as outlined in Exhibit C prior to the City's public works department beginning the
installation.
Clearwater Ca --e 3s-1 F,ddition
M
11. Drainage Easements.
a) Work within Easements: No improvements, landscaping, or grading,
other than Improvements shown on the approved plans, shall be permitted in dedicated drainage
easements without the prior written permission of the City and any regulatory agency having
jurisdiction.
b) Maintenance Responsibilities: The Developer and its successors in
interest, including all individual homeowners, shall be responsible for routine maintenance of all
storm water management ponds, wetlands, and drainage areas within easements dedicated to the
City on their property. Routine maintenance shall include litter removal, mowing and maintenance
of the property adjacent to pond or wetland areas. In the case of drainage swales, routine
maintenance includes the removal of obstructions from the swale as necessary to maintain proper
drainage in addition to the aforementioned items. The City shall be responsible for non -routine
maintenance of storm water ponds within the easements, including pond dredging, maintenance of
the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such
maintenance shall be completed as deemed necessary by the City.
12, Wetland Sianase: Permanent signage shall be placed along wetland edges as
outlined in the City's General Specification and Standard Details Manual or approved equal by the
City.
13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section
90-171 of the Hugo Zoning Ordinance, the City's Comprehensive Stormwater Management Plan,
or the approved Grading, Drainage, and Erosion Control Plan, whichever is more restrictive.
Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of
the lots herein unless the lowest floor elevation is at least three (3) feet above the 100 -year flood
elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject
property. Additionally, the lowest floor elevation shall be specifically referenced and designated,
for each lot, on a certificate of survey, which survey shall be provided to the City before any
building permits are issued for any lots within the Plat.
14. Landscaping. All disturbed areas within the Plat shall be landscaped in accordance
with the approved landscape plans, the City ordinances, and the City's General Specification and
Standard Details Manual. All landscaping shall be complete, established and growing within sixty
(60) days of issuance of a Certificate of Occupancy, except that, if the certificate of occupancy is
issued between the dates of October 1 and May 1, then the landscaping required herein shall be
complete, established and growing no later than July 1. All front yards, side yards and back yards
shall be fully sodded. All landscaped areas shall be tilled or otherwise worked mechanically in
order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no
more than 35% sand. Unless specific arrangements are made and agreed to by the City, all
Clearwater Co --e 31' Addition
7
landscaping installed within the Plat shall be maintained by the Developer and its successors.
All areas, other than proposed street areas, disturbed by grading activities on the site shall be
seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City
Engineer. Seeding shall be completed as follows:
a) All areas shall be restored with a minimum of four (4) inches of adequate
topsoil prior to seeding.
b) Upland areas shall be seeded in accordance with the grading, drainage, and
landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per
acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All
mulch shall be disk anchored.
c) Wetlands, wetland replacement areas and storm water ponding areas shall be
seeded with MN/DOT Seed Mixture 2513, or as required by the permitting regulatory agency. The
minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the
supplier.
d) All seeded areas shall be maintained for the term of this Agreement. Upland
areas shall be mowed as necessary or as directed by the City Engineer.
e) All disturbed areas within the development shall be maintained to limit
vegetation growth to less than ten (10) inches except designated natural areas or designated open
spaces as shown on the approved plans.
15. Safe Rooms. The Developer shall require all builders to offer a safe room as an
option to any and all potential homebuyers. All safe rooms offered and built within the City
must meet or exceed FEMA requirements and standards.
B. ESCROWS, CHARGES AND UTILITY OVERSIZING:
Developer shall pay the escrows, fees and charges listed on Exhibit C.
C. SPECIAL PLANNING REOUIREMENTS:
The Plat shall be built and maintained in accordance with the planning requirements
listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto.
D. ADMINISTRATIVE REQUIREMENTS:
1. Miseellaneous Provisions. Developer specifically understands that this Plat
approval is given subject to the following requirements:
a) Expiration. The final plat documents for the Plat, which is the first
Clean:ater Co,•e 3- :.ddition
8
phase of the Clearwater Cove preliminary plat, ha- a been submitted to the City Council within one
hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the
Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60)
days of the City Council motion giving final plat approval, unless such deadline is extended by the
City Council in its sole discretion, or else said approval shall be null and void. All fees relating to
this subdivision shall be paid by the Developer, including the cost of recording documents with
Washington County.
b) Recording. The developer shall record this Agreement with
Washington County simultaneous with the recording of the PIat, and shall forward confirmation of
recording of the Plat and this Agreement to the City prior to the issuance of building permits. All
applicable conditions of Plat approval must be met before any deeds are stamped for recording and
prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall
be contingent upon compliance with the approved plans for the Improvements and upon
compliance with this Agreement.
c) Model Homes. In the event that site grading is approved by the City
prior to Plat approval and/or execution of this Agreement, posting of security and filing of the Plat,
the Developer shall be entitled to one (1) building permit per housing unit type on lots that abut
existing streets or roadways, subject to final approval by the City. No model homes may be
constructed or utilized until at least one (1) lift of bituminous has been installed from said model
home lot providing access to a public street or roadway outside of the Plat. No certificate of
occupancy shall be issued for any model or other home until all necessary public improvements and
utilities have been installed and the utilities have been successfully tested. Prior to this, and at the
time that a model home passes final inspection, a model home may only be used by Developer's
staff or realtors for purposes of showing the models to potential buyers. No model home may be
used until landscaping conforming to City ordinance and paragraph 14 of this Agreement has been
installed except that, if the certificate of occupancy is issued between the dates of October 1 and
May 1, then the landscaping required herein shall be complete, established and growing no later
than July I ,
d) Sales Trailers. The developer may be entitled to a maximum of one
(1) temporary sales office (sales trailer) for this and all subsequent phases of the development for a
period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer
may be approved by the City Community Development Director prior to the first model home being
available for showing. The trailer is subject to the issuance of a building permit, shall meet all
applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain
sufficient parking for the size of the office, and shall have safe and suitable access to a paved,
public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days
following the date that a model home passes final inspection.
Clearwater Cove 3— Addition
e) Deviations. No material deviations from the approved Plat shall be
allowed unless approved in writing by the City. Approval herein is also given subject to full
compliance with the conditions of approval and findings adopted by the City Council in connection
with the approval of the development.
f) Certificates of Survey. A certificate of survey shall be provided to
the City Building Inspector for each lot at the time a building permit is requested for the lot.
Attached to the certificate of survey shall be an erosion control plan for the lot showing location and
type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan
shall be submitted for each home site.
g) Outhouses. The Developer shall provide on-site a sufficient number
of portable outhouses to be available for the persons who will be working on-site until
Improvements are accepted according to the plans in Exhibit A.
h) Property Owners Association. When required as a condition of
approval outlined in Exhibit B, the Developer agrees to form a property owners association,
membership in which shall be mandatory for all of the lots within this development. The property
owners association shall be responsible for maintenance and repair of all common elements as
listed in the property owners association documents within this development and the same shall be
maintained in good condition in accordance with all City ordinances and reasonable directions of
the City. Developer agrees to provide a copy of the property owners association documents to the
City prior to the recording of the final plat. In the event of failure or refusal of any property owners
association to so maintain or repair the common elements then the City may, with seven days
written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the
work and assess each of the lots within the plat for the cost of the work.
i) Intentionally deleted
j) The property owners association documents shall advise owners of
all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT,
INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A
DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE
AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER.
k) Developer acknowledges that a separate development agreement will
be entered into at the time of final plat approval of subsequent phases in the development. That
Development Agreement will address, among other things, necessary improvements to be made,
financial guarantees to be provided, and the amount of the development fees to be paid by the
Developer.
Clear -iter Core 3.d Addition
10
1) Developer shall remove all tree waste, junk, miscellaneous debris,
junk vehicles, and any other personal property from the Plat which does not comply with the City
Zoning Ordinance until final acceptance of the Improvements.
E. DAMAGES AND DEFAULT:
1. Developer agrees to pay liquidated damages to the City if any lot has a real
estate closing occur before all public improvements within the Plat are certified as being
substantially completed by the City. Specifically, Developer agrees to immediately pay to the City
liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which
occurs in violation of this paragraph. The City shall be authorized to retain an appropriate
percentage of the financial guarantee referred to in paragraph 4 as security for payment of any
liquidated damages owed to the City. Model Homes are exempt from this section.
2. Developer agrees to pay liquidated damages to the City, in the amount of
Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or
utility easement not permitted on the plans without first obtaining a written permit from the City
expressly authorizing said encroachment. The City shall be authorized to retain an appropriate
percentage of the financial guarantee referred to in paragraph 4 as security for payment of any
liquidated damages owed to the City.
3. Events of Default.
a) Events of Default Defined. 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:
Subject to unavoidable delays, failure by Developer to commence
and complete construction of the Improvements pursuant to the
terms, conditions and limitations of this Agreement.
2. Failure by Developer to substantially observe or perform any
material covenant, condition, obligation or agreement on their part to
be observed or performed under this Agreement.
b) 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:
Cleaniater rove 3xa :addition
1. The City may suspend its performance under the Agreement until it
receives assurances from Developer, deemed adequate by the City,
11
that Developer will cure their default and continue their
performance under the Agreement. Suspension of performance
includes the right of the City to withhold permits including, but not
limited to, building permits.
2. 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 Developer, or immediately draw on the financial
Letter of Credit, as set forth in this Agreement.
4. 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. The Developer also
acknowledges that its failure to perform any or all of their obligations under this Agreement may
result in substantial damages to the City, that in the event of default by the 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.
F. THIS AGREEMENT:
1. Release of Agreement. This Agreement shall run with the land and maybe
recorded against the title to the property. After the Developer has completed the work required of it
under this Agreement, at the Developer's request the City will execute and deliver to the Developer
a release.
2. Warranty of Title. Developer warrants and represents to the City that it is
the fee owner of the land described herein, except for a portion of the property, and that it has
authority to execute this Agreement, with consent from the other fee owner, and agree to the
conditions hereof and to subject the land hereto. Developer also represents and warrants that the
use for which this development is sought will not violate any restrictive covenants applying to the
property.
3. Binding Effect. This Agreement shall be deemed to be a restrictive
covenant and the terms and conditions hereof shall run with the land described herein and be
binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and
shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed
covenants running with the land. Reference herein to the Developers, if there be more than one,
shall mean each and all of them.
Clean!ater Cove 3rd .-,ddition
12
This Agreement shall be placed of record so as to give notice hereof to
subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against
the escrow account.
4. Restrictions on Transfer/Indemnification. Developer agrees to defend
and hold the City, and its officials, employees and agents, harmless against any and all claims,
demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable
attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in
connection with the Project. No transfer or assignment shall be made without City approval and
any assignment or transfer without such approval shall be void.
5. Incorporation by Reference. All general and special conditions, plans,
special provisions, proposals, specifications and contracts for the Plat and for any Improvements
furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement
by reference as if fully set out herein in full.
b. Developer will comply with and promptly perform all of its obligations
under this Agreement.
7. Evidence of Title. Developer shall furnish the City with evidence of fee
ownership of the property being platted by way of an attorneys title opinion or title insurance
commitment dated not earlier than thirty (30) days prior to the execution of the Plat.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly
executed on the day and year first above written.
Clearwater Cove 3,d Addition
13
By
Tom Weidt, Mayor
STATE OF MINNESOTA }
)Ss.
COUNTY OF WASHINGTON)
City of Hugo
Michele Lindau, Clerk
On this day of , 2016, before me, a Notary Public,
personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a
Minnesota municipality within the State of Minnesota, and that said instrument was signed on
behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Torn Weidt
and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo.
Clearwater Co --e 3-- Addition
Notary Public
14
Developer
D.R. Horton, Inc. - Minnesota
By
James R. Slaikeu
Its: Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
(Corporate Notary)
On this day of , 2016, before me, a Notary Public,
within and for said County and State, personally appeared James R. Slaikeu, to me personally
known, who, by me duly sworn did say that he is the Vice President of D.R. Horton, Inc. -
Minnesota, a Delaware corporation, on behalf of said corporation.
DRAFTED BY:
David K. Snyder
Johnson & Turner
56 East Broadway Avenue #206
Forest Lake, MN 55025
Clearwater Co -.-e 3- Addition
Notary Public
15
EXHIBIT A
LIST OF DEVELOPMENT PLANS
Sheet No.
Plan
Date
Author
1-3
Final Plat
Stamped July I9, 2016
Westwood Professional
Recorded at Washington County
Services, LLC
1
Construction Plans - Cover
7-6-15, revised 5-26-16
Westwood Professional
Grading, Drainage, and Erosion
Services, LLC
Control Plan
2
Overall Development
7-6-15, revised 5-9-16
Westwood Professional
Senices, LLC
3
Bridge Approach Detail
7-6-15, revised 5-9-16
Westwood Professional
Services, LLC
4-8
Grading, Drainage, and Erosion
7-6-15, revised 8-20-15,
Westwood Professional
Control Plan
5-9-16 and 5-26-16
Services, LLC
9
Street Profiles
7-6-15, revised 5-9-16
Westwood Professional
Services, LLC
10
Details
7-6-15, revised 8-20-16
Westwood Professional
Services, LLC
1
Construction Plans - Cover
7-12-16
Westwood Professional
Sanitary Sewer, Water Mains,
Services, LLC
Storm Sewer, and Streets
2
Overall
7-12-16
Westwood Professional
Services, LLC
3-4
Sanitary & Water Main
7-12-16
Westwood Professional
Construction Plan
Services, LLC
5-6
Street and Storm Sewer
7-12-16
Westwood Professional
Construction Plan
Services, LLC
7-8
Details
7-12-16
Westwood Professional
Services, LLC
1
Final Landscape Plan
7-6-15, revised 8-9-16
Westwood Professional
Services, LLC
2
Final Landscape Detail
7-6-15, revised 8-9-16
Westwood Professional
Services, LLC
3
Final Landscape Notes and
7-6-15, revised 8-9-16
Westwood Professional
Details
Services, LLC
11 I
Preliminary Floodplain
6-18-15, revised 1 I -16-15
Westwood Professional
Mitigation Plan
Services, LLC
Clearwater Co -•e 311: Addition
16
2
Water Re -Use Map
6-26-15
Westwood Professional
Services, LLC
1
Street Lighting Plan
6-19-15
Westwood Professional
Services, LLC
Clear-•ater Co,. -e 31, Addition
17
EXHIBIT B
APPROVAL CONDITIONS
1. The final plat is approved to allow the creation of 14 single family lots and 1 outlot, in
accordance with the plans and application received by the City on July 19, 2016, except
as amended by this resolution.
2. The development shall substantially comply with all plans and conditions of the PUD and
preliminary plat approval granted by the City on August 3, 2015.
3. Development standards shall comply with Resolution 201538 and 2015-39, as amended.
4. The developer shall comply with all conditions outlined in the City Engineer's memo
dated July 16, 2015, August 12, 2015, and August 15, 2016, and revisions required in
"redlined" comments from the City Engineer.
5. The developer shall design and install a stormwater re -use system for irrigation of the
individual lots.
6. The developer shall establish a property owners association for the development to
own/operate/maintain common elements, landscaping, and the water re -use system.
7 The 8 foot wide bituminous public trail connection from Victor Gardens as shown in the
plans shall be installed, prior to the release of the letter of credit for the development. The
trail shall end at the cul-de-sac connections. An escrow shall be established with the City
to extend the trail to the south plat boundary at the time deemed necessary by the City.
8. The landscaping planned for the plat shall be installed in one phase. The developer shall
take proper precautions to protect the trees as the homes are being built.
9. Each home shall include a minimum of 2 parking spaces within the driveway. The
driveway widths shall be a maximum of 24 feet at the right of way line.
Clearwater ^_o --e 3-- Addition
18
10. Oulot A will be for a future phase of development.
.. Building Setback for this addition on the PUD are as follows:
Minimum Setbacks
Front 25 feet
Side 7.5 feet
Rear 1 30 feet
12. Prior to commencement of any grading:
a) The developer shall obtain any necessary permits from FEMA for filling the
floodplain.
b) The developer shall obtain all necessary local, state, and federal permits.
c) The developer shall obtain all necessary stormwater management and wetland
conservation act (WCA) permits from the City
13. Prior to recording the final plat:
a) The final plat shall be revised to include the adjacent property lines in the underlying
plat.
b) The stormwater re -use system design shall be re% iewed and approved by staff. The
stormwater re -use operation and maintenance agreement shall be approved by the
City.
c) The developer shall submit a street lighting plan for this phase. The plan shall be
reviewed and approved by the City
Clearrater Cove 3-d Addition
19
d) The developer shall provide copies of the property owners association
documents/covenants for City review. A copy of the document shall be filed for
recording with the final plat.
e) The developer shall enter into a development agreement, shall agree to complete all
improvements, and pay all fees as required by the agreement.
14. Prior to the issuance of building permits:
a) The developer shall file the final plat, development agreement, and associated
documents with Washington County. Proof of recording shall be provided to the City.
b) The developer shall submit three full sets of approved final plans to the City.
c) Prior to issuance of a building permit for any lot within the existing FEMA 100 -year
floodplain, a CLOMR or other required approval, shall be obtained from FEMA for
that lot, removing it and/or building site from the floodplain.
d) If a sales trailer is located in the property, a site plan and building elevations shall be
submitted for City review and approval.
15. Prior to Certificate of Occupancy for the 1$t building:
a) The entire length of Oneka Parkway, from CSAH 8 to the southwest corner of Lot 1,
Block 1, along with the structure crossing Clearwater Creek, shall be constructed
within the dedicated right-of-way as an urban section roadway to City Standard, with
sidewalk and trail, with the first layer of bituminous.
Clearwater Co --e 3111 Addition
20
EXHIBIT C
ESCROWS, FEES AND CHARGES
a) Escrow for City Costs and Fees. Developer shall deposit sufficient
escrow with the City as outlined in Section A. 1. The required beginning balance in the account is
calculated at $19,235. This sum is calculated to be four percent (4%) of the estimate of the required
improvements to be installed to serve the development, plus $5,000 which is the minimum balance
required in the account.
b) Cash Escrow or Letter of Credit. Developer shall provide a financial
guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal to one
hundred twenty-five percent (125°/x) of the estimated amount of the required improvements to be
installed to serve the development. This amount has been calculated by the City's Engineer to be
$444,828. This amount may be reduced upon request of the Developer and approved by the City.
At no point shall the Letter of Credit be reduced below 10% of the original amount. The City shall
have the right to retain the financial guarantee until the improvements have been completed to the
satisfaction of the City and the warranty period has expired.
c) Storm Water Trunk Fee. The Developer shall pay the City a Storm
Water Trunk Fee in the amount of $12,572. This sum is calculated to be $0.07 per square foot for
the 179,598 square feet of Net Developable Area within the Plat. This fee shall be paid before the
Final Plat is signed by the City.
d) Storm Water Ponding Fee. The storm water ponding requirement has
been met by the Developer within the plat. No storm water ponding fee will be applied.
e) Snow Plowin . Developer agrees to pay a cash escrow to the City to
cover the cost of snow plowing the roads within the plat, during the first snow season, before the
roads are formally accepted by the City of $.50 per lineal foot. The Developer shall post a cash
escrow with the City in the amount of $372.50 ($0.50 x 745 = $372.50).
f) Sealcoating. The Developer shall post a cash escrow with the City in
the amount of $2,980 to cover the cost of the first sealcoating of the streets in the Plat. This sum is
calculated to be $4.00 per foot for the 745 feet of streets within the Plat.
g) Park Dedication. Developer agrees to pay a park dedication fee of
$2,400 per lot for residential development payable before the final plat is signed by the City. Said
fee shall be due for each of the 14 lots within the plat (i.e. total due $33,600).
Clearwater Cove Yc addition
21
h) Cul-de-sac Escrow. N/A
i) Escrow for Street Signae. The Developer shall deposit $500 into
their escrow account to cover the City costs related to installing signs within the development (1
sign x $500/sign).
j} WCA Escrow. NIA
k) Sanitary Sewer Trunk Fee. The developer shall pay the City a
sanitary sewer trunk fee in the amount of $ 22,848. This sum is calculated to be $1,632 per lot for
the 14 residential lots within this phase.
1) Water Trunk Fee. The development shall pay the City water trunk
fee in the amount of $16,464. This sum is calculated to be $1,960 per lot, with credit provided for
the stormwater reuse/irrigation system based on the anticipated reduction in water demand. The
reduction is calculated at 40%, resulting in a trunk water fee amount of $1,176 per lot. The total is
based on the reduced per unit fee applied to the 14 lots in the plat.
m) Sanitga Sewer Oversizin . N/A
n) Watermain Oversizing. N/A
Clearwater Co -e 3== Addition
22
EXHIBT D
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Dear Sir or Madam:
We hereby issue, for the account of , 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
200_, of "
b) Be signed by the City Administrator; and,
c) Be presented for payment at
on or before 4:00 p.m. on _
This Letter of Credit shall automatically renew for successive one (1) year terms unless, at
least forty-five (45) days prior to the next annual renewal date (which shall be
of each year), the Bank delivers written notice to the Hugo City Clerk 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: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue
North, Hugo, Minnesota 55038, and is actually received by the City Clerk 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.
Clearwater Core 3' Addition
23
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than
one draw maybe 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. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall
be duly honored upon presentation.
Clearwater Co --e are Addition
24
Its
EXHIBIT E
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER:
ADDITIONAL INSURED:
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
City of Hugo
Expiration Date:
Insurance Company:
COVERAGE — Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Insurance Company:
() Claims Made
LIMITS: [Minimum]
Clearwater Co-_.:. 3-- Addition
() Occurrence
Expiration Date:
25
Bodily Injury and Death:
$500,000 for one person
Property Damage:
$200,000 for each occurrence
O
$1,000,000 for each occurrence
Combination of Single Limit Policy $1,000,000 ore more
COVERAGE PROVIDED:
Operations of Contractor: YES
Operations of Sub -Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.:
Effective Date:
Insurance Company:
(X) Any Auto
Clearwater C,ve 31 :,ddition
Expiration Date:
LIMITS: [Minimum]
Bodily Injury:
$500,000 each person
Property Damage:
$500,000 each person
-OR-
Combined Single Limit Policy:
$1,000,000 each occurrence
$1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE
ON ANY OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS
WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at
Clearwater Co -•e 31,: Additicn
LO.",
27
Authorized Insurance Representative
CLEAR WA TER
XNOW ALL PERSONS BY TWW PRESENTS' That D.R. Horton. Inc.—Minnesota, a Delaware corporation, fee owner of the following described
property situated in the County of Washington. State of Minnesota. to wk;
Oudot H, CLEARWATER COW. according to the recorded plot thereof, Washington County, Minnesota
Have caused the some to be surveyed and platted as aEARWA?Li COW 3W AODTTIAM and do hereby donate and dedicate the public
way, as shown an this plat and also dedicate the easements as created by this plat for drainage and utility purposes only.
In witness whereof said D.R. Horton, Inc.—Minnesota, a Delaware corporation, has caused these presents to be signed by its proper officer
this day of 20—
D.R. HORTM M—AWMWTA
By
its
STATE OF MWACWTA
COLIMTY Or
The foregoing instrument was acknowledged before me on this day of . 20— by
its of D.R. Horton, Inc.—Minnesota, a Delaware corporation on behalf of the corporation.
Notary Public
My Commission Expires
County, Minnesota
ih-_ s "o
1 hereby certify that I have surveyed and platted ar directly supervised the survey and platting of the property described on this plat as
MMWA7ER COPE 3W ADD17XN,• that l am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct
representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments
depleted an the plat have been or will be correctly set within one year., that all water boundaries and wet lands as defined M MS Section
505.01, Subd 3 existing as of the date of this certification are shown and labeled an the plat; and that all public ways are shown and
labeled on the plat.
Doted this day of . 20L_
Craig W. Morse, Licensed Land Surveyor
Minnesota License No, 23021
STATE DF ANVEWTA
CUNTY OF hVIN RW
The foregoing Surveyor's Certificate was acknowledged before me an this day of 20— by Craig W.
Morse, Licensed Land Surveyor, Minnesota Lk -e nse No. 23021.
fern-.v.d
Notary Public
My Commission Expires
Countyt Minnesota
tx w n ow
COVE 3RD ADDITION
CfTY OF h7= MNWWWTA
This plat was approved by the City Council of the City of Hugo, Minnesota this day of 20 _ and
hereby certifies compliance with a# requirements as set forth in Minnesota Statutes Section 50503, Subdivision 2.
By Mayor By Clerk
WATY StAR4EYi71R
Pursuant to Chapter 820. Laws of Minnesota, 1971, and In accordance with Mlonesoto Statutes, Section 505.021, Subd. 11, this plat has
been reviewed and approved this day of 20—
In
0
BY ey
Washington County Surveyor
COW TY ALO7CRIOWASLM
Pursuant to Minnesota Statutes Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have
been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no det;,xquent taxes and transfer entered on this
day of . 20—
BY 8y
Washington County Audltor/Treasurer
COWTY AMOtR01E74
Document Number
Deputy
I hereby certify that this instrument was recorded in the office of the County Recorder for record on this day of
. 20� of o'clock �M., and was duly recorded in Washington County Records.
By BY
Washington County Recorder Deputy
JUL 19 2016
EiY G .i} ' ��i -CF
Westwood
Professional Services, Inc.
Sheet 1 of 2 sheets
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VICINITY MAP
E e ton o t To Scale
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�I Rd I
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Section 19, Tow.-7ship 31, Range 21
Drainage and Utility Easements ore shown thus.
e --I I
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I
I -e
II
I I
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(No Scale)
Being 5 het in width, unless otherwise indicated,
and adjoining lot lines, and 10 feet In width and
odjohning right-of-way lines as shown on the plat.
the orientation of this bearing system is based on
the south fine of Outlot H, ClEARWAIER COVE
which is assumed to bear N 89051'30' W
a Denotes 1/2 inch by 14 inch iron rebar set
and marked by License No. 23027
• Denotes 1/2 Inch by 14 inch iron rebar
found and marked by License No. 23021
Q• Denotes Washington County Cast iron
Monumen f
40 0 40 80 120
Scale hi feet
Scale. 1 Inch - 40 Feet
Westwood
Professional Services, Inc.
Qh—f 91 nr 9 ohm/e
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VICINITY MAP
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�I Rd I
I rc: a:
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Drainage and Utility Easements ore shown thus.
e --I I
I I
I
I -e
II
I I
I I o
(No Scale)
Being 5 het in width, unless otherwise indicated,
and adjoining lot lines, and 10 feet In width and
odjohning right-of-way lines as shown on the plat.
the orientation of this bearing system is based on
the south fine of Outlot H, ClEARWAIER COVE
which is assumed to bear N 89051'30' W
a Denotes 1/2 inch by 14 inch iron rebar set
and marked by License No. 23027
• Denotes 1/2 Inch by 14 inch iron rebar
found and marked by License No. 23021
Q• Denotes Washington County Cast iron
Monumen f
40 0 40 80 120
Scale hi feet
Scale. 1 Inch - 40 Feet
Westwood
Professional Services, Inc.
Qh—f 91 nr 9 ohm/e
a2016 Westwood Professional Services. Inc.
Construction Plans
for
Sanitary Sewer, Water Main, Storm Sewer,
and Streets
for
Clearwater Cove 3rd Addition
Hugo, MN
Prepared for:
DR Horton, Inc. - Minnesota
20860 Kenbridge Court, Suite 100
Lakeville, Minnesota 55044
Contact: Mike Suet
Phone: 952-985-7823
Fax: 952-985-78M
Prepared by.
Westwood
Phan. COM9344119 7MMW-00.
Fa (91111aT4 Eden PraYI.,NX ana.a
701FM "M 03M wamo�am�
wMft..dAolrmW SWAM"
Project number: 0004092.00
Contact: Francis D. Hagen II, PE
Vicinity Map
(Na_ to =tole)
k JUL 191 2016'
Construction Plans
for '`
Sanitary Sewer, Water Wn, Swrm Sewer,
and Streets
for
Qerwater Cove Nd Addition
MW, MIH
Ude 09/vl* Mmft 1 of 8
9111mtUdT"
81mot rvumbw
stawt zm.
1
Cover
2
Overall
3
iSonItary & Water Main Construction Plan
4
Isanitary & Water Main Construction Plan
5
Street & Storm Sewer Construction Plan
6
Street & Storm Sewer Construction Plan
7
DETAILS
8
DETAILS
Vicinity Map
(Na_ to =tole)
k JUL 191 2016'
Construction Plans
for '`
Sanitary Sewer, Water Wn, Swrm Sewer,
and Streets
for
Qerwater Cove Nd Addition
MW, MIH
Ude 09/vl* Mmft 1 of 8
02016 Westwood Professional Services, Inc.
� _ � . •./ i � ���/jam_ � . _ . /
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ms nna MW11Cenwmp Court S6ilte No
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Coll 48 Hours before digging:
811 or ca11811.com
Common Ground Alliance
GENERAL NOTES:
XX%•% DENOTES SANITARY SEWER SERVICE
INVERT O 10' OUTSIDE R.O.W.
WYE�X+XX DENOTES SANITARY SEWER SERVICE WYE
LOCATED ON MAINLINE FROM
DOWN STREAM M.H.
FLAG HYDRANTS.
EXTEND RODS ON VALVES DEEPER THAN
7.5' FROM FINISHED GRADE
ALL DROP MANHOLES TO BE CONSTRUCTED
USING OUTSIDE DROPS.
® WATER SERVICE TO THIS LOT SHALL BE
INSTALLED UNDER PROPOSED STORM SEWER
do SHALL MAINTAIN A MINIMUM VERTICAL
SEPARATION FROM STORM PIPE OF 2.0 FT.
SANITARY ANY SEWER SERVICE STUBS TYPICALLY 3'
DOWNSTREAM OF WATER SERVICE CURB STOP
SANITARY SEWER AND WATER SERVICES SHALL
EXTEND 10' BEYOND THE R/W LINE
SANITARY SEWER SERVICES SHALL BE SCHEDULE
40 GLUE TOGETHER PIPE
CORPORATION STOP SHALL BE THREADED INTO
THE WATERMANIN (NO SADDLES)
1" HDPE WATER SERVICE SHALL BE MIN SUR 7
ALL WATERMAIN INCLUDING HYDRANT LEADS
SHALL BE DUCTILE IRON
ALL WATERMAIN AND APPURTENANCES SHALL BE
POLY WRAPPED
STUB WATERMAIN PLUGS SHALL BE EQUIPPED
WITH AN AIR BLEED SYSTEM
THE VERTICAL DATUM OF THIS PLAN IS BASED
ON THE NOVO 1929 ADJUSTED DATUM IN US
SURVEY FEET.
NGVD=NATIONAL GEODETIC VERTICAL DATUM
Cove 3rd
Addition
HIMM, W
x
0' 50' 100' 150'
West Re Widen Date 02/12/76
0D0w92.03uTF0I.d.9
17.6- 07/12/76 sheet 3 OSP 8
Sanitary &
water Mahe
Constructim
::2016 Westwood Professional Services, Inc.
c
OUTLET EL -902.0
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....... ..MIN.-
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. ...
PROPOSED C%LBRADE (TYP.)
PROPOSED C/L SUBGRADE (TYP.)
TOP WM
-
STS=1+59
EL. 908.9
- - -- -- - ---- --..._
-
-.
TOP WM
...
_. ._. .. .. ....:.......
..
.......
EL= 909.4 ...
...............
MH -19_-. .......
TOP WM
149' - 8" PVC
MH -17 SDR 35 0 0.40%
;STA 18
RTA= 974
STA=1+0 SDR 35 0 0.40%
STA 2+50 :
-RE = 917.79
IE (NW) = 907.05
EL= 902.8
91
RE = 6.92 ;
IE (SE) = 906.18
_5
STA
STA 1+00
IE (E) 905.46
:IE (W) - 906.06
1+16.98...
IE (W) = 905.36
If: (S) = 904.76
IE (N) = 904.66
IE (E) - 904.76
0 1 2
3
4
5 6 7 8
Call 48 Hours before digging:
811 or calI811.com
Common Ground Alllance
(;ENERAL NOTES,
XXX.X DENOTES SANITARY SEWER SERVICE
INVERT 0 10' OUTSIDE R.O.W.
WYE�X+XX DENOTES SANITARY SEWER SERVICE WYE
LOCATED ON MAINLINE FROM
DOWN STREAM M.H.
FLAG HYDRANTS.
EXTEND RODS ON VALVES DEEPER THAN
7.5' FROM FINISHED GRADE.
ALL DROP MANHOLES TO BE CONSTRUCTED
USING OUTSIDE DROPS.
® WATER SERVICE TO THIS LOT SHALL BE
INSTALLED UNDER PROPOSED STORM SEWER
da SHALL MAINTAIN A MINIMUM VERTICAL
' SEPARATION FROM STORM PIPE OF 2.0 FT.
SANITARY SEWER SERVICE STUBS TYPICALLY 3'
' DOWNSTREAM OF WATER SERVICE CURB STOP
SANITARY SEWER AND WATER SERVICES SHALL
EXTEND 10' BEYOND THE R/W LINE
SANITARY SEWER SERVICES SHALL BE SCHEDULE
40 GLUE TOGETHER PIPE
CORPORATION STOP SHALL BE THREADED INTO
THE WATERMANIN (NO SADDLES)
1" HOPE WATER SERVICE SHALL BE MIN SDR 7
ALL WATERMAIN INCLUDING HYDRANT LEADS
SHALL BE DUCTILE IRON
ALL WATERMAIN AND APPURTENANCES SHALL OE
POLY WRAPPED
STUB WATERMAIN PLUGS SHALL BE EQUIPPED
PATH AN AIR BLEED SYSTEM
Ilya ..P= r ur I v . A* *..w lecer'-MONAt �' DrsrY M 11 '
.ema� DR Horton, Inc. - Minnesota
��� �sn...a. r.... ew 2OB60 F"b ldlp � Soft NO
or, D7/M% ts_ K. OM
Cove 3rd
Addition
HUM w
THE VERTICAL DATUM OF THIS PLAN IS BASED
ON THE NGVD 1929 ADJUSTED DATUM IN US
SURVEY FEET.
NGVD=NATIONAL GEODETIC VERTICAL DATUM
0' 50' 100' 150'
TAtest Revldm Dates 07/12/16
0004092.0aJTfn2.m.9
ox. x/12/16 aft 4 oil 8
c2OI5 Westwood Professional Services, Inc.
FEST - 1
r ` STMH-10
POND 7
OUTLET EL -902.0 I ! FE5-100 -4'.
HWL=905.5 CBMH-75 - PROFILE C
-
! ---------
12
POND 1
1 A� OUTLET EL=902.0 i i.v i u
q �, HWL=805.5
4" PVC
DRAINTILE
a
b
�FES-750
(TYP.)
-49 MOUNTABLE CURB
& GUTTER(TYP)STMH-754 STRICT PE.
~ u ! (TYP.) 5CONCRETE
1; EWALK (TYP.)
AnnAr i ADJU
I
END C&C, CONC.
�J I ,'; SIDEWALK &
.r I STREET
REMOVE CONSTRUCTION
I BULKHEAD t AT STA. 8+39
--- RELOCATED TYPE
3 TRAFFIC
I 7-- BARRICADES
{iii
C .'E7G; P RKS: ; _ I /j\i STMH-BO CBMH-B6 ,
ADJUST MH -
�� CASTING (TYP.)
1 I CBMH-87 .
/ZREMOVE AND
BULKHEAD
RELOCATE TYPE ,.
3 TRAFFIC 2
BARRICADES 4" PVC
1 v Q E PRIVATE % -
SUMP PUMP
LEAD (TYP.) _
ii BAH -81A'
�J_
I V) _ REMOVE
BULKHEAD.-
f�
I /.-
ONEKA PARKWAY
L.P. ELEV - 916.53 H.P. ELEV - 917.72 LP. ELEV = 916.68:
L.P. STA = 6+45.00 H.P. STA 8+65.00, .... L.P.- STA 10+80.00 -
- PN 574 = 6+45.00 PVI STA 8+85.00 PVI STA 10+60.00
PVI ELEV = 916.45 PVI ELEV = 917.78 PVI ELEV = 916.60
A.D. 1.20% A.D. _ -1.20% A.D. = 1.20%
K = 41.67 : K- = 33.33 - K = 41-67
5040' VC : 40.00' : 50.00' VC
o.. .,,.o...
g PROPOSED C/L: 19 0 0
o m GRADE (TYP.) : a r^: n Yi n
0o ° PROPOSED C +m m � 00+ O + m
m m SUBGRADE (TYP.) II II p II o W 0 a
.II-.. -.----.- -- p..11... ..l..l
a w 11 w a GS a w
0.60%
0.60%
-0.60X
4' - 21": RCP
EX.CBIIH-81-------
�------
CL 5 O 0.35X
STA 6+ :5
-
RE = 915.81
.. 1. (NY4:..- .91.41 ...
DULKHE.,D
STA 6+81
......1.38
.-.24. RCP ... ...
.. ........ ...
IE (3) - 911.41
IE (N) = d 1.29
-
CL 5 O 0.30%
- -
IE (NE) = 911.82
IF (5) = 9 1.29
44' - 24" RCP :
CBMH-87
59' - 15" RCP '
CL 5 O 0.30X -
CBMH-86
STA 7+89
S
TA 9+36
CL 50 0.35% '
... .. ...
STAN
RE = 915.95
-
RE - 916.98
IE' N 908:59. .
STA 7+43
+43'
RE 18.61
IE (5) 908.17
IC (N) - 908.17
IE (NW) = 908.99
IE (S) = 908.04:
S)
IE (SW) = 908.99
IE (E) = 90&04:
IE (N) = 911.09
I 5 6 7 8 9 10
WwWood
wwn" I)IISM9.0 nvpAn+e.+«n oXve -�
Fa 1� YSIdIS! Etlm P,"YM. YX YAN
TAF- IN@�IY47 bIS�OeoO�osn 1� ��eSC! )�
wYKwooa haftal W swMwa Inc ar 07!12/16 u,r, Ns 17716 - -
11
12
PROFILE A
24 RCP 26' - 24" RCP
CBMH-75 CL 5 O 0.74% - CL 5 O 0.64%
(SEE SHEET 8 -
...............STMH-75A..- -. -- . ........
... RE = 908.30 -
IE (N) = 905.65 FES -758
It (SE) = 90217 IE (NW) - 902.00
PROFILE B
10'.- 18". RCP..
C1- 5 O 0.3:%
69' - 18" :RCA A
i- CL 5 O 0.35X
%.CBMH-88
TA 3+41 CBMH-87A CBMH-87
E - 913.50 RE = 915.90 (SEE BELOW)
(P"N) = 903.80 IE (NW) = 909.32
(SE) 909.60 IE (SE) 909.32
PROFILE C
18' - 12" RCP 24' - 12" RCF
CL 5 O 0.00% CL 5 60.00%
FES -100 FES -102
IE (SE) = 902.00 IE (SW) a 902.00
STMH-101
RE = 906.00
:IE (NW) - 902.00
IE (NE) = 902.00
ch.wd�� DR Horton, Inc. - Minnesota
a- owe "M c� &100 No
Takepi)lay Ml D=ft om
Cove 3rd
Addition
+Am% MV
Call 48 Hours before digging:
811 or call811.com
Common Ground Allionoe
GENERAL NOTES:
• RADIUS TO BE 8618 C. & G.
WITH 10' TRANSITION FROM
SURMOUNTABLE CURB
DENOTES GUTTERUNE ELEVATION
%A!Mp AT INTERSECTIONS
• ALL RCP SHALL BE CLASS 5,
UNLESS OTHERWISE NOTED
PIPE LENGTHS SHOWN INCLUDE THE FLARED
END SECTION LENGTH.
CASTING NOTE;_
CATCH BASIN CASTINGS SHALL BE SUMPED
0.15' BELOW GUTTERLINE, MANHOLE CASTINGS
SHALL BE SUMPED 0.05' BELOW PAVEMENT
ALL CB, CBMH & STMH WITHIN 10' OF
HORIZONTAL DISTANCE TO THE WATERMAIN
SHALL BE CONSTRUCTED WITH POURED
INPLACE INVERT & SHALL UTILIZE WATER
STOP GROUTING RINGS
THE�� CAL DATUM OF THIS PLAN 15 BASED
ON THE NOVO 1929 ADJUSTED GEODETIC
DATUM IN US SURVEY FEET.
NGVD=NATIONAL GEODETIC VERTICAL DATUM
0' 50' 100' 150'
Latest RevWon Dates 07/12/16
0004092.03STF01.dwg
DO. 07/12j16 shat 5 OF 8
Street & Storm Sewer
cnnshmctiom Plan
w2016 Westwood Professional Services, Inc.
S, REET
P� 1
n 7— \ , „
C3 \ -
•• h / WIDE BITUfMTRmS' — ONO 1 ! 1
TRAIL. OUTLET EL -902.0 i
HWL=905.5'
I � I
t ADJUST MH
CASTING (TYP 9 C�
It
STMH-80 — ~p /. OU iyT BLE CURtP'
— +I
�Q �i • t 3 / th
NMH-78 \ I f
ONSTRUCT PED.
RAMP •) CBMH-75
1
CBMH-76
,�a 1 ,d, •I I � I
_.
("PVC DRAINTILE CB -77 1
rJ
OUTLET EL -902-0
935 142ND CIRCLE 935
-:n
a� W C' W Q'ar O'W Oi Ol W'W a� 01
H.P. ELEV = 917.79 -
.. L.P.,ELEV 916.34 H.P. STA.= 4+05.02 - L.P. ELEV 918.81 9130
LP. STA = 7+47.44- - - - - � ' � L.P. SSA ' �- - 5+89.27 .......
RVI STA a 1+34.00 PVI ELEV - 917.85 PVI STA = 5+90.00
PVI ELEV — 916.22 A.D. -1.202 - PVI ELEV = -916.74 N
A.D. = 2.60% K =: 33.29. A.D. = 1.242 v �:
- ... K = 19.22 40.00' VC - - K 36:29
925 50.00'. YC..... ...:... .. . . . . ..4?.00'. v�.. n 925
9 do go
n g n ..... ! II
P, 0
n PROPOSED CA GRADE (1YP.} W W m 'N N
rn + Q, PROPOSED CA SUBGRADE (TYP.) M II M u+i
r
920 :if. IL ..... ' II ......: ?
—S a. w 0.60% —0.802 �i - 0.64% .
25' — 12• RCP - 91 PVI. STA - 1+00,00 5
CL 5 0 0.352 PVI ELEV _ 916.90 .. . - - - .. - .. - - 146' _ _- 15.134'--:15'- RCP.......... .. ...... ..... . .
CLO 0357 O 0.35% .. -� .
CB -77
118' - 24• RCP CBMH-76 STA 5+88 - 9t0
91 RE. =. 016-50. .
STMH-80 .....CL 5 O O.sl= .............. ...STA 4+20..
RE - 917.48 IE (NW) — 912.56 - -
CB -79 (SEE SHEET 5) RCPIE (NW) - 912.19
91219
RE - 915.90 56' 24' RCP
IE' (S) 811.84 ' ' ' '
CTA —78
1+4
CBMH-78 CL 5 O p.55X STA 1+47 CBMH=75
(SEE RIGHT) 905 ... ............... [RE _ .915.90 .... STA 2+89 905
IE (N) - 911,175 RE = 918:63
�IE (W) = 907.73 IE (SE) - 911.68
IIE (E) = 907.73 IE (S),= 907.05
IE (W) = 907.05
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a� DR Horton, Inc. - Minnesota
o..r. a�n 20860 IGmM40 Capt; Bdm 100
rmr mer.. a mr as Tads 4* mmamm am
Calf 48 Hours before digging:
811 or calI811.com
Common Ground Alliance
GENERAL NOTES:
• RADIUS TO BE B618 C. k G.
W111-1 10' TRANSITION FROM
SURMOUNTABLE CURB
a DENOTES GUTTERLINE ELEVATION
" o AT INTERSECTIONS
• ALL RCP SHALL BE CLASS 5,
UNLESS OTHERWISE NOTED
PIPE LENGTHS SHOWN INCLUDE THE FLARED
END SECTION LENGTH.
CASTING NOTE:
CATCH BASIN CASTINGS SHALL BE SUMPED
O.f5' BELOW GUTTERLINE, MANHOLE CASTINGS
SHALL BE SUMPED 0.05' BELOW PAVEMENT
ALL CB, CBMH & STMH WITHIN 10' Or
HORIZONTAL DISTANCE TO THE WATERMAIN
SHALL BE CONSTRUCTED WITH POURED
INPLACE INVERT & SHALL UTILIZE WATER
STOP GROUTING RINGS
NTH�� CAL DATUM OF THIS PLAN IS BASED
ON THE NGVD 1929 ADJUSTED GEODETIC
DATUM IN US SURVEY FEET.
NGVD—NATIONAL GEODETIC VERTICAL DATUM
x
0' 50' 100' 150'
Latmt Fevislan Date�%�' 16
... earwater 00a4092.035TF0� tlwg
»ems ovl2zlw � 6 ow s
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m%Q, MN
2016 Westwood Profeesianal Services. Ine
STANDARD MANHOLE
nTTi1� (48"INSIDEDIAMETER)
j]j��JGO rn axr�
I� SANITARY SEWER
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Call 48 Hours before digging:
GOPHER STATE ONE CALL
Twin City Area 651-454-0002
Mn. Toll Free 1-500-252-1166
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a.�.y..wrlrl�.r;e�Iawu ei1� o.r.r men '
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02016 Westwood Professional Services, Inc.
J L
DRIVE OVER jur"
HUGO C&STIN_
G
mW 11
VALVE BOX
HUGOINSTALLATION
ROAD
IPLACEIMENTAND
7 CONSTRUCTICINCIFA
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SUBGRADE ELEV.
ti
GEOTEXTILE FILTER AGGREGATE
(MnDOT 3149-214)
4* PERK PVC PIPE SDR 35
�tGEOTOMLE FABRIC -TYPE 11
(Ma DOT 3733)
PERFORATED UNDER DRAIN DETAIL
INSTALL AT LOW eCINT AS DIRECTED BY THE ENGINES!
KIM
DRAINTILE INSTALLED
SW IN EACH DIRECTION
FROM CATCH BASH
HuGo PEDESTRIAN
cum R"
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—I-..—_
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1.2
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2 SEALS FOR RIGID JOINTS BETWEEN PIPE & CONCRETE STRUCTURES
r.iree P'.r','es forAll Your Rigid Jz*d S,,C j
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r.iree P'.r','es forAll Your Rigid Jz*d S,,C j
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GOPHER STATE ONE CALL
Twin City Area 651-454-0002
Mn. Tall Free 1-800--252-1186
142ND STREET �;+60 — 6±M
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MNOOT SPEC 2360. TYPE SP
9.5 WEAR COURSE (SPNEA2410B ZH)
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2 1/2' BITUMINOUS BASE COURSE
SP12-5 NON WEAR
MR."(3MEMS 2.9)
7 12' CLASS 3 AGGREGATE BASE
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24' SELECT GRANULAR FILL MNDOT 3149
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GEDTDMUE FABRIr, FOR CLAY
SUBSOILS - WAR 500x
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I
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SIDEWALK SECTION
HUGO i I -
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SHAPE CONCRETE MORT A F.J ET TIC Pro' IDE
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GOPHER STATE ONE CALL
Twin City Area 651-454-0002
Mn. Tall Free 1-800--252-1186
142ND STREET �;+60 — 6±M
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211' 9-
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1.5:1 SLOPE -
L BI PlRDMr
or 6
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TYPICAL PAVEMENT SECTION 'B-
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1UTLOT D DOWN TO y i `
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MINIMI lti I OT RFOIfIREMEN75: 179 TREES ` r- - - ` ' - - - -" - ; SEED MIX
? Trees Per Reaid °alio) 1. at (R ioi :) f`11{ - - - - - - - ]!/ (33-261)
2 � � i ! 8' TRAIL n ` -s � _ � f I ' 5 B 7(� • �•�.��
TOTALqyERALL 4
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OTHER RUFF R/S;RI=.ENING TREES, 729 E ergreens: 48 7reee i _ eb -
Y! IIIf JY / y �l r ti✓� ! r F'1
FUTURE YARD TREES f1/L0Y7• F9 TREES I { --L-
9 10
. STREET TREES ® 65' O.C. +/- 112(,
• 1 FRONT YARD TREE TO BE PLANTED AFTER HOME •� �� I 'i1.
4,.,.T.-• ;T_• -
CONS
TRUCTION• TO 9E SELECTED FROM APPROVED PLANTING '"r'{' ` •N- .w' '-
LIST. CORNERS AND LOTS WITH INCREASED FRONTAGE MAY
RECEIVE ADDITIONAL STREET TREES AC SHOWN. ^Y1 � f 'j "\ �` 1�•, C / / /� r LU MENT SIA ED
Final Plant Schedule / Approved Plant List
E L
SYMBOL CODE QTY. COMMON /BOTANICAL NAME SIZE SPACING O.C. �\ -'i ` ( kh r \\\\ --�
{///Tiiii���� ABM 27 Autumn Blaze Maple Acer x freeman) Jeffers Red 2.5" Be AS SHOWN 2 /
STREET TREES W SGM 55 Slenno pen Maple / Acer x freemanii •Sienna' 2.5" BB AS SHOWN 'C[ ♦ f r •� e \ I I//
SKH 25 Skyline Honeylacust / fieditsia tFaconthos var. Enennis 'Skycde 2.5" BB AS SHOWN \� /
SWp 27 S.mmp White Oak /Quercus hicdw 2.5' 00 AS SHOWN �r' .,'R�,r' - C, \ 7 r , 0' 100' 203' 300'
REO 6 Red Oak / Quercus rubra 2.5" BR AS SHOWN Seeding Ls,ee...1
BUFFER / FYL 31 Front b Linden Tdio amedcona Bol rd• 2.5" BB AS SHOWN a7�a1`a r'6�.ati *NOTE:
SCREENENG PRE 38 Princeton Elm / Ulmus smerrcono 'Princeton 2.5" BE _ AS SHOWN
TREES HIE 27 clump River Birch /Betula nigra _ _ _ 9-10' N7.. BB CLUMP AS SHOWN DENOTES NATIVE SEEP MIX "STORMWATER SOUTH de WEST" (33-261) STREET TREES SHOWN ON PLAN ARE FOR ILLUSTRATIVE PURPOSES ONLY & SUBJECT TO FIELD AND
BYrk STATE SEED MIX SITE CONDITIONS. TREES SHALL BE PLANTED IN A LOCATION THAT DOES NOT INTERFERE WITH
BUFFER DHS 20 Block Hills Spruce / Pleca alauca dmsata 5' HT., e6_ AS SHOWN CURBSTOPS, INDIVIDUAL SEWER & WATER CONNECTION OR DRIVEWAY LOCATIONS.
EVERGREENS ___4tP 14 White Pine / Ping sirphus_v. _- 6' HT. Be .__.. AS SHOWN __ : j.BtCbt RCV1s1'DIL DBtE."�B%09%16
NOS- 14 Norwa ruce Picea ables 6' HT., BB AS SHOWN DENOTES NATIVE SEED MIX "DRY PRAIRIE SOUTHEAST' (35-621) rA U9'OLFU1 a+._
NOTES: QUANTITIES ON PLAN SUPERSEDE LIST QUANTITIES IN THE E'.'ENT OF A DISCREPANCY, BI STATE SEED MIX Detc 07/06/15p
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Parkway Median Detail
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Parkway Median Plant Schedule I; , 0 1
SIZE SPACING O.C. Column Monument Detail
Scale P - Ir
Entrance Monument Plant Schedule (tM of 2) i
UJ
CODE QTY. COMMON/BOTANICAL NAME SIZE SPACING O.C. W
COLUMN MONUMFNT 6 LBS
AFC 3 Arctic nre Dogwood / Cornus stolenifwo 'Farrow' 0 CONT. 4'-D" O.C.
LBS 5 L$tkle Bi -tem G- Schizachyrium scoporTum 'Minniblue A� 'I, CONT. 36" O.C.
RUS 6 R. -i- Sage 4 Pel' 11 CON O.C. - - - - - - - - - - - - - - - - -
n co
4Zro-callis 'Apricot Sparkles' CONT
�SD 17 Apricat Sporklas I)G�ojj!Vk V_ f O.C.
B Autumn Joy Sedum / Sedum 'Autumn Jaw #1 CONT. lu" OX, 4 AJS 7 ASD
Column Monument Plant Schedule (tm of 1)
CODE QTY. COMMON/BOTANICAL NAME
CODE OTY. COMMON/80TANICAL NAME
SIZE SPACING D.C.
CONT. 74" O.C.
Entrance Monument
NO SCADS
Entrance Monument Detail
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Latest Revision Date 8/09/16
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Dst. 07/06/15 shmt 2 OF 3
Final Landscape Details I
o2D15 Westwood Professional Services, Inc.
Bridge Accent Bed Planting Detail
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Bridge Aceent Bede Plant Schedule
CODE QTY. COMMON/FOT,'NICAL NAME SIZE SPACING O.C.
SSG 16 Sh—andaoh Switch Gross / Pnnicum Argctum 'Shenandoah p1 CONT. 30" O.C.
RUS 13 Ruselan Sage / Perovskla `Fli9ran' p1 CONY. 24" O.C.
ASD 53 Apdcal Sporldes ODylily / Hemerowilis Apricot Sparkles p1 CONT, _ 18" O.G.
Planting Nota
1, CONTRACTOR SHALL CONTACT COMMON GROUND ALLIANCE AT
811 OR CALL811.COM TO VERIFY LOCATIONS OF ALL
UNDERGROUND UTILITIFS PRIOR TO INSTALLATION CF ANY
PLAI?TS OR LANDSCAPE MATERIAL.
2. ACTUAL LOCATION OF PLANT MATERIAL IO SUBJECT TO FIELD
AND SITE CONDITIONS,
3. NO PLANTING WILL BE INSTALLED UNTIL ALL GRADING AND
CONSTRU010N HAS BEEN COMPLETED IN THE IMMEDIATE AREA,
A ALL SUB:TITL IONS MUST BE APPRO+ED BY THE LANDSCAPE
ARCHITECT PRIOR TO SUBMISSION OF ANY BID AND/OR QUOTE
BY THE LANDSCAPE CONTRACTOR.
5, CONTRACTOR SHALL PROVIDE ONE YEAR GUARANTEE OF ALL
PLANT MATERIALS. THE GUARANTEE BEGINS ON THE DATE OF
THE LANDSCAPE ARCHITECTS OR OWNER'S WRITTEN
ACCEPTANCE OF THE INITIAL PLANTING. REPLACEMENT PLANT
MATERIAL SWIL HAVE A ONE YEAR GUARANTEE COMMENCING
UPON PLANTING.
F, ALL PLANTS TO BE SPECIMEN GRADE, MINNESOTA -GROWN
AND/OR HARDY. SPECIMEN GRADE SWILL DDHERE 70, BUT IS
NOT UNITED BY, THE FOLLOWING STANDARDS:
ALL PLANTS SHALL BE FREE FROM DISEASE, PESTS. WOUNDS.
SCARS, ETC.
ALL PLANTS SHALL BE FREE FCGM NOTICEABLE GAPS, HOLES,
OR DEFORMITIES.
ALL PLANTS SHALL BE FREE FROM BROKEN OR DEAD
BRANCHES.
ALL PUNTS SHALL HAVE HEAVY, HEALTHY BRANCHING AND
LEAFING.
CONIFEROUS TREES SHALL HAVE AN ESTABLISHED MAIN
LEADER AND A HEIGHT TO WIDTH RATIO OF NO LESS THAN
5:3,
7. PLANTS TO MEET AMERICAN STANDARD FOR NURC'RY STOCK
(ANSI Z60.1-2004 OR MOST CURRENT VERSION) REQUIREMENTS
FOR SIZE AND TYPE SPECIFIED.
8. PLANTS TO BE INSTALLED AS PER MNLA & ANSI STANDARD
PLANTING PRACTICES.
9. PLANTS SHALL BE IMMEDIATELY PLANTED UPON ARRIVAL AT
SITE. PROPERLY HEEL -IN MATERIALS IF NECEnARY;
TEMPORARY ONLY.
10. PRIOR TO PLANTING, FIELD VERIFY THAT THE ROOT
COLLAR/kOOT FLAIR IS LOCATED AT THE TOP OF THE BALLED
& BURLAP TREE. IF THIS IS NOT THE CASE. SOIL SHALL BE
REMOVED DOWN TO THE ROOT COLLAR/ROOT FLAIR. WHEN THE
PALLED & BURLAP TREE IS PLANTED, THE ROUT COLLAR/RODT
FLAIR SHALL BE EVEN OR SLIGHTLY ABOVE FINISHED GRADE.
11. OPEN TOP OF BURLAP ON Be MATERIALS; REMOVE POT ON
POTTED PLANT"; SPLIT AND BREAK APART PEAT POTS.
12. PRUNE PLANTS AS NECESS`RY - PER STANDARD NUf SERY
PRACTICE AND TO CORRECT PMR BRANCHING OF EXISTING AND
PROPOSED TREES,
13.
WRAP ALL SMOOTH -BARKED TREES - FASTEN TCP AND
BOTTOM. REMO'.E BY APRIL IST.
14. THE NEED FOR SOIL AMENDMENTS SHALL BE DETERMINED UPON
STE SOIL CONDITIONS PRIOR TO PLANTING. LANDSCAPE
CONTRACTOR SHALL NOTIFY LANDSCAPE ARCHITECT FOR THE
NEED OF ANY 5•)IL AMENDMENTS.
15. BACKFILL SOIL SHALL BE EXISTING TOP SOIL FROM SITE AND
ADHERE TO MN/DOT STANDARD SPECIFICATION 3877 (COMMON
TOPSOIL BORROW) FREE OF ROOTS, ROCKS LARGER THAN ONE
INCH. SUBSOIL DEBRIS, AND LARGE WEEDS. MINIMUM 4" DEPTH
OF TOPSOIL SHALL BE PROVIDED FOR :.LL LAWN GRASS AREAS
AND 12" DEATH TOPSOIL FOR ALL TREES.
16. FOUR INCHES OF SHREDDED HARDWOOD MULCH SHALL BE USED
AROUND ALL TREES WITHIN TURF AREAS. MULCH TO BE FREE
OF DELETERIOUS MATERIAL.
17. EOGNG TO BE SPADED EDGE, UNLESS OTHERNSE INDICATED.
SPADED EDCE TO PROVIDE V -SHAPED DEPTH AND YOUTH TO
CREATE SEPARATION BETWEEN MULCH AND GRASS. INDIVIDUAL
TREES TO BE SPADED EDGE, UNLESS NOTED OTHERWISE.
18. ALL DISTURBED AREAS TO BE SODDED UNLESS OTHERWISE
NOTED. SOD TO BE STAND..RC MINNESOTA GROWN AND HARDY
BLUEGRASS MIX, FREE OF LAWN WEEDS, ALL TOPSOIL AREAS
TO BE RAKED TO REMOVE DEBRIS AND ENSURE DRAINAGE.
�2. PROVIDE
GI TREES WITHINNATIVE TREES TD ALL STr.EET P
E SEF ED OUTLOTS WILLNOT TBE ED RRIGATED.
23. CONTRACTOR SHALL PROVIDE NECESSARY WATERING OF PLANT
MATERIALS UNTIL THE PLANT 15 FULLY ESTABLISHED OR
IRRIGATION SYSTEMS ARE OPERATIONAL OWNER WILL NOT
PROVIDE WATER FOR CONTRACTOR.
24. REPAIR & REPLACE EXISTING TURF AREAS AS REQUIRED FOR
ANY ROADWAY BOULEVARD AREAS ADJACENT TO THE SITE
DISTURBED DURING CONSTRUCTION.
25. REPAIR ALL DAM`GE TO PROPERTY FROM PLANTING OPERATIONS
AT NO COST TO OWNER.
Stormwater South & West Seed Mia Types street `Tree Planting Detail
,,, wa wAArAMK4W_ NO S(aUZ I
Dry Prairie Souteast Seed Mix
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NOTE°` 1 I 1 F I ;
1. TIMING OF PLANT INSTALLATION WILL BE DEPENDENT UPON SEASON AND PLANT AVAILABILITY,
2. ACTUAL LOCATION OF PLANT MATERNAL IS SUBJECT TO FIELD AND SITE CONOITIC-.I&
3. NO PLANTING WILL BE INSTALLED UNTIL ALL GRADING AND CONSTRUCTION HA'o BEEN COMPLETED IN THE
IMMEDIATE AREA,
4, TREES "'STALLED ON FRONTS OF INDIUDUAL LOTS SHALL BE PLANTED IN A LOCATION THAT DOES NOT
INTERFERE W- CURBSTOPS, INDIVIDUAL SEWER & WATER CONNECTIONS. Or DRI!EWAY LOCATIONS,
6-E" D.C. .r- (TYP,)— L 5' OFFSET
FROM ;:.D.V
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PRWRE CUT MI¢IRECTED
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1. TIMING OF PLANT INSTALLATION WILL BE DEPENDENT UPON SEASON AND PLANT AVAILABILITY,
2. ACTUAL LOCATION OF PLANT MATERNAL IS SUBJECT TO FIELD AND SITE CONOITIC-.I&
3. NO PLANTING WILL BE INSTALLED UNTIL ALL GRADING AND CONSTRUCTION HA'o BEEN COMPLETED IN THE
IMMEDIATE AREA,
4, TREES "'STALLED ON FRONTS OF INDIUDUAL LOTS SHALL BE PLANTED IN A LOCATION THAT DOES NOT
INTERFERE W- CURBSTOPS, INDIVIDUAL SEWER & WATER CONNECTIONS. Or DRI!EWAY LOCATIONS,
6-E" D.C. .r- (TYP,)— L 5' OFFSET
FROM ;:.D.V
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POSTS EJUIp'Or AN DVND
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POLYETHYLENE, 1a CRL.. 1.5"
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Agenda Number: H
CITY OF HUGO
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Planner
SUBJECT: D.R. Horton. Easement Vacation - Outlot H, Clearwater Cove
DATE: August 10, 2016, for the City Council Meeting of August 15, 2016
1. PROPOSED MOTION:
Move approval of the attached notice vacating the drainage and utility easements located
2. DESCRIP T ION OF REQUEST:
The applicant is requesting a vacation of the existing drainage and utility easement located over
Outlot H, Clearwater Cove. Outlot H will be used for the development of Clearwater Cove 3rd
Addition. New drainage and utility easements will be placed on the lots at the time the final plat
is recorded. Staff is comfortable with the applicants requests to vacate the drainage and utility
easements.
3. RECOMMENDATION:
Staff recommends that the City Council approve the notice to vacate the drainage and utility
easement located over Outlot H, Clearwater Cove.
Attachments:
1. Notice vacating drainage and utility easement
2. Location Map
NOTICE OF COMPLETION OF VACATION PROCEEDINGS
FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT
OVER PROPERTY LOCATED GENERALLY SOUTH OF FRENCHMAN ROAD
(CSAR 8) AND EAST OF EVERTON AVENUE
PLEASE TAKE NOTICE that the City Council for the City of Hugo has,
on the 16"' day of May, 2016, completed the proceedings for the vacation of the Drainage
and Utility Easement on property legally described as follows:
Outlot H, Clearwater Cove, Washington County, Minnesota.
Dated this 15th day of August 2016.
Bryan Bear, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this 15th day of August, 2016, before me, a Notary Public, personally
appeared BRYAN BEAR, City Administrator of the City of Hugo, a Minnesota
municipality within the State of Minnesota, and that said instrument was signed on behalf
of the City of Hugo by the authority of the City Council of the City of Hugo, and
BRYAN BEAR, City Administrator, acknowledge said instrument to be the free act and
deed of said City of Hugo.
Notary Public
This Instrument was drafted by:
City of Hugo
14669 Fitzgerald Ave N
Hugo, MN 55038
Outlot H, Clearwater Cove x
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MEMORANDUM of AGREEMENT
CITY of HUGO and RICE CREEK WATERSHED DISTRICT
WATER'S EDGE STORMWATER REUSE PROJECT
This Memorandum of Agreement (MOA) is entered into between the City of Hugo, a statutory city and
political subdivision of the State of Minnesota ("City"), and the Rice Creek Watershed District, a political
subdivision of the State of Minnesota with powers and purposes set forth at Minnesota Statutes
Chapters 103B and 103D ("District") (together, the "Parties").
RECITALS
A. At the request of the City, the District applied to the Metropolitan Council ("Council") for a 2016
Stormwater Grant to provide partial funding for construction of a stormwater reuse system. The system
will draw from a stormwater basin within the Water's Edge residential development for irrigation
purposes (the "Project"). The Project will reduce groundwater appropriation demands and will reduce
loadings of phosphorus and other pollutants to waters of the state.
B. The District has been awarded a grant in the amount of $200,000 for the Project. As grantee, the
District will be the grant agreement signatory and assume obligations to the Council under that
agreement.
C. The District will serve as grantee only because by direction of the Council, under the Stormwater
Grant program, a watershed district must be the applicant and named grantee. The City will design,
construct, maintain and bear all non -grant funded costs of the Project. The District has agreed to serve
as grantee to facilitate the City's access to the grant funds and on the condition that the City will be
responsible to the District for all grant requirements.
TERMS
1. Attachment A to this MOA, and incorporated herein, is the Project grant agreement including work
plan and project budget (together, "Grant Agreement"). On full execution of this MOA, the District will
sign the Grant Agreement.
2. The District, on signing the Grant Agreement, will assume obligations to the Council as set forth in the
Grant Agreement. The City recognizes that as the party benefitting from the grant funds, it is
responsible to meet grantee obligations. The Parties together will communicate with the Council to
establish which obligations under the Grant Agreement may be met directly by the City without the
action or involvement of the District.
3. As to those grant obligations for which the District must remain formally responsible, the City is
responsible to the District to meet those obligations, and to do so promptly so that the District may
meet all deadlines in the Grant Agreement. Specifically, but not exclusively, the City will do the
following in accordance with the paragraph of the Grant Agreement indicated in parentheses:
a. Design, construct, provide signage for, own and maintain the Project in accordance with the
Grant Agreement and any applicable deadlines therein. The City represents that it owns or has
access rights to all elements of the Project to which access is required for maintenance.
b. Provide all matching funds (2.03).
c. Notify the District of any Project budget line item cost exceedance and, on Council demand,
provide the District with prompt repayment of an authorized or undocumented use of grant
proceeds (3.02).
d. Conform to Council requirements under its Underutilized Business Program (3.03).
e. Conform to all applicable personal property management requirements; timely transmit to
the District documentation required for the final report; cooperate in the title transfer and
disposition of any such property; notify the District of any withdrawal, misuse or casualty loss of
such property; and remit value of such property (3.04).
f. Maintain and retain project accounting records (4.01), and deliver all such records to the
District on request for audit (4.02).
g. At the end of each calendar quarter, provide the District a Grantee Reimbursement
Request/Quarterly Report, in form and content ready for District transmittal to the Council
(5.01).
h. At expiration of the grant period, provide the District a final report and certification by the
City's chief financial officer (5.02), in form and content ready for District transmittal to the
Council.
L Coordinate and allow Council site visits (5.03).
j. Comply with all applicable laws and obtain all applicable approvals (6.01, 6.07).
k. Refund any grant amounts for which other funding or reimbursement has been received
(6.02).
i. Submit a statement as to any proposed change in scope or cost of a part of the Project (6.04).
j. Comply with applicable equal opportunity and affirmative action requirements (6.06).
k. Comply with the Data Practices Act and promptly notify the District of a request for data
regarding the Project (6.11).
I. Acknowledge the Council's grant assistance in any promotional material about the Project and
submit a copy of any such material to the District (6.12).
4. The Parties will communicate promptly with each other to facilitate timely compliance with Grant
Agreement requirements. The District will promptly disburse grant funds to the City on recognition of
receipt from the Council in the District's depositary account.
5. The following reflect the District's limited role as formal grantee:
a. The Parties will cooperate to ensure that: (a) the terms of the Grant Agreement are met; and
(b) the administrative costs and resource burdens incurred by the District as grantee are
minimized.
b. As between the Parties, the City will fully bear: (i) Project cost increases; (ii) the risk that, for
any reason, the Council does not provide the full grant amount; and (iii) the obligation to return
or repay any grant amount; as either may arise under the Grant Agreement.
c. The City will hold the District harmless with respect to any claim, proceeding, cost, liability or
damage the City incurs arising out of the Grant Agreement or the District's role as grantee
thereunder. The City will indemnify the District with respect to any claim, proceeding, cost,
damage or District liability (including reasonable attorney fees) arising out of the Grant
Agreement or the District's role as grantee thereunder, including but not limited to any District
cost or liability arising out of its obligation to defend, hold harmless and indemnify the Council
pursuant to paragraph 6.03 of the Grant Agreement.
d. In any proceeding arising under the Grant Agreement, the Parties will cooperate to substitute
or add the City as party in interest, both to minimize District cost and to allow the City to fully
protect its interests.
e. Notwithstanding any other term of this MOA, nothing herein creates a right in any third party
or waives an immunity, defense or liability limit of a party hereto with respect to any third party.
As between the Parties , only contractual remedies are available for a party's failure to fulfill the
terms of this MOA.
f. This MOA is not a joint powers agreement under Minnesota Statutes §471.59 and nothing
herein constitutes either party's agreement to be responsible for the acts or omissions of the
other party pursuant to subdivision 1(a) of that statute.
6. The results of the Project, the reports submitted under the Grant Agreement, and any new
information or technology developed with the assistance of the grant are in the public domain and may
not be copyrighted, patented, trademarked or designated as trade secret by either party.
7. Each communication under this MOA will be made to the following representatives:
District:
Administrator
Rice Creek Watershed District
4325 Pheasant Ridge Drive NE #611
Blaine, MN 55449-4539
Re: Water's Edge Stormwater Reuse Project
City:
[etc.]
Contact information will be kept current. A party may change its contact by written notice to the other
party.
8. Miscellaneous terms:
a. This MOA is effective on execution by both parties and will remain in effect until the Grant
Agreement terminates. An obligation of a party under this MOA that by its nature continues
beyond Grant Agreement termination will survive the expiration of this MOA, including but not
limited to obligations set forth at paragraphs 3.a, 3.f, 3.1, 5.c through 5.f, and 6.
b. This MOA may not be amended, assigned or transferred except in a writing executed by the
duly authorized representatives of the Parties.
c. A party's failure to enforce a term of this MOA does not waive that party's right to enforce it
subsequently.
d. The above Recitals are incorporated into this MOA.
IN WITNESS WHEREOF, the parties execute this MOA by their authorized officers, intending it to be
legally binding.
CITY OF HUGO
By
Its Mayor
Date:
Approved for form and execution:
RCWD Counsel
RICE CREEK WATERSHED DISTRICT
By Date:
Its President
4
METROPOLITAN COUNCIL STORMWATER GRANT
GRANTEE: Rice Creek Watershed District
GRANT NO. SG -05537
PROJECT: Water's Edge Stormwater Reuse Project
GRANT PERIOD: December 31, 2018
COUNCIL ACTION: 2016-121
ESTIMATED PROJECT AMOUNT: $522,000
MAXIMUM GRANT AMOUNT: $200,000
GRANTEE MATCH: $322,000
GRANT AGREEMENT
THIS AGREEMENT is made and entered into by and between the Metropolitan Council
("the Council") and Grantee named above.
RECITALS
1. The Council is authorized by Minnesota Statutessecti n 473.505 to enter into
agreements with other government bodies and spend funds to im lement total watershed
management. This includes the authority to make grants to other gove ent bodies to implement
total watershed management.
2. The Metropolitan Council authorized its staff to enter into total watershed management
grant agreements with various local units of government for installation of storm water best
management practices that can be used as demonstrations of innovative storm water management
practices for the region.
3. Grantee has expressed an interest in installing, maintaining anmonitoring
effectiveness of the storm water best management practices.
4. Grantee represents that it has the technical capability and is duly qualified to implement
such best management practice and perform all services described in this grant agreement to the
satisfaction of the Council.
NOW, THEREFORE, the Council and Grantee agree as follows:
Section 1. Definitions
1.01 "Project" means the entire work effort necessary to complete the Work Plan,
including all obligations of Grantee under this agreement.
1.02 "Work Plan" means the means the items of work identified in Exhibit A to this
Agreement.
Section 2. Grant Amount, Match, Grant Period and Reimbursement Procedures.
2.01 Estimated Project Amount. The total estimated cost of the Project is the sum of
the Maximum Grant Amount and Grantee match on page 1 of this agreement.
2.02 Maximum Grant Amount. The Council agrees to make available to Grantee
during the grant period a grant of up to Maximum Grant Amount identified on page 1. This amount
is granted for the purpose of reimbursing Grantee for a portion of the eligible costs of performing
the Project.
In no event will the Council's obligations exceed the lesser of the following:
A. The Maximum Grant Amount; or
B. 75% of the total Project expenditures.
The Council will bear no responsibility for cost overruns incurred by Grantee in
performance of the Project.
2.03 Grantee Match. Grantee must provide at least a 25% local match against the
Maximum Grant Amount. If the final expenses for the Project are less than the Estimated Project
Amount, then the local match will be reduced to 25% of the final Project amount. If the final
expenses for the Project exceed the Estimated Project Amount, Grantee is responsible for
providing the funds to cover the final costs and expenses. The local match may be cash or an in-
kind match.
2.04 Grant Period. The grant begins on the date that this Agreement is fully executed
and expires on the earlier of December 31, 2018, or until Grantee satisfactorily fulfills all of its
obligations this agreement. After that date, all grant funds that Grantee has not spent revert to the
Council.
Section 3. Performance of the Project
3.01 Use of Funds. Grantee must use the proceeds of this grant only for the eligible
costs of the Project as described in this Agreement.
3.02 Eligible Costs. Only the costs specified in this section are eligible for
reimbursement out of the grant proceeds. Exhibit B to this Agreement provides the budget for the
Project. Grantee may only use the grant funds to pay eligible line item costs in Exhibit B or for
costs incurred in preparing the Work Plan in Exhibit A. If the actual cost of a line item in Exhibit
B exceeds the budgeted amount by more than 10%, Grantee must notify the Council and Grantee
2
may not use grant funds to pay for the portion that exceeds the budgeted amount by more than
10%.
Grantee may use grant and matching funds for direct staff costs for Work Plan activities.
Grantee may use Grant and matching funds to purchase or lease equipment, machinery, supplies,
or other personal property necessary for the grant project. The Grantee will comply with the
personal property management requirements in Section 3.04 of this agreement.
If Council determines that Grantee made an unauthorized or undocumented use of grant
proceeds, the Council may make a demand for repayment and Grantee must promptly repay such
amounts to the Council.
3.03 Administration, Supervision and Contractors. Grantee is responsible for the
administration, supervision, management, and oversight of the Project. Grantee may employ any
professional services and contractors it deems reasonable and necessary to complete the Project.
In employing professional services and contractors, the Council encourages Grantee to
solicit and include businesses that participate in the Metropolitan Council Underutilized Business
Program ("MCUB"). A list of these firms is available on the Council's website.
3.04 Personal Property Management. Title to all personal property acquired with
grant and matching funds remains with Grantee. Grantee must take reasonable measures to
protect and defend its title interest and shall keep the personal property free and clear of any
liens, encumbrances, or other claims. Grantee must maintain property records that include, at a
minimum, a description of the property, a serial or other identification number, the acquisition
date and cost, and the location, use, and condition of the property. In the! final report required by
section 5.02, Grantee must include a list of all personal property acquired with grant and
matching funds that was not used in performance of the Project. At the end of the Grant Period,
Grantee agrees to transfer title to all personal property that is not incorporated into the Project
and was acquired in whole or in part with grant funds to the Council, at the Council's option, at
no charge. The Council reserves the right to direct appropriate disposition of all personal
property, acquired in whole or in part with grant funds, which has not been expended in
performance of the grant project.
During the Grant Period, Grantee bears the risk of loss of, damage to, or destruction of
any personal property acquired with grant or matching funds. No such loss, damage, or
destruction will relieve Grantee of its obligations under this agreement. Grantee will maintain
personal property acquired with grant or matching funds in good operating order. If, during the
Grant Period, any project personal property is not used in performing the project, whether by
planned withdrawal, misuse, or casualty loss, Grantee must immediately inotify the Council's
Authorized Representative. Unless otherwise approved by the Council's Authorized
Representative, Grantee must remit to the Council a proportional amount of the fair market value
of any items that are not used, calculated on the basis of the proportion of Council grant funds
used to acquire the items.
Section 4. Accounting, Record, and Audit Requirements
3
4.01 Accounting and Record-keeping. Grantee will establish and maintain a separate
account for the Project and maintain accurate and complete books, records, documents, and other
evidence of the costs and expenses of implementing this agreement to the extent and in such
detail that will accurately reflect the total cost of the Project and all net costs, direct and indirect,
of labor, materials, equipment, supplies, services, and other costs and expenses. Grantee must
use generally accepted accounting principles. Grantee must retain these records for at least 6
years after the end of the Grant Period.
4.02 Audit. The accounts and records of Grantee related to this agreement may be
audited in the same manner as other accounts and records of Grantee and may be audited and
inspected on Grantee's premises or otherwise by individuals designated or authorized by the
Council at any time following reasonable notification during the Grant Period and for a period of
six years thereafter. Under Minnesota Statutes section 16C.05, subdivision 5, Grantee's books,
records, documents, and accounting procedures and practices relevant to this agreement are subject
to examination by the State, its representatives, the State Auditor, and the Legislative Auditor for
a minimum of 6 years from the end of this agreement. Grantee will make available at all reasonable
times and before and during the period of records retention proper facilities for examination and
audit.
Section 5. Reimbursement, Reporting and Monitoring.
5.01 Reimbursement Request/Quarterly Progress Reports. To receive
Reimbursement under this agreement, Grantee must submit a Reimbursement Request/Quarterly
Report. The Council must receive from Grantee Reimbursement Request/Quarterly Report within
30 days after the end of each calendar quarter. In the Reimbursement Request/Quarterly Report,
Grantee must provide a detailed summary of completed work activities and project expenditures,
including a comparison of actual activities and expenditures against planned activities and
projected expenditures, and any MCUB inclusion efforts under Section 3.03. Grantee must provide
sufficient documentation of grant eligible expenditures and any other information the Council's
staff reasonably requests. Grantee must submit a Quarterly Report as outlined in this section even
if Grantee is not submitting a Reimbursement Request.
The Council will make the final determination whether the expenditures are eligible for
reimbursement under this agreement and verify the total amount requested from the Council.
Reimbursement of any cost is not a waiver by the Council of any Grantee noncompliance with this
agreement.
The Council will reimburse all eligible grant expenditures not in excess of the total amount
of grant amount under this agreement within 60 days after receiving satisfactory documentation
from Grantee. Grantee's documentation is subject to review and acceptance or rejection by the
Council. The Council will be deemed to have accepted Grantee's documentation if the Council
does not reject it in writing within 21 days of receipt.
The Council will not award any reimbursements for work done outside of the Grant Period.
M
5.02 Final Report. Within 60 days after the expiration of the Grant Period, the
Council must receive from Grantee for Council review and approval a final report in a format
determined by the Council, detailing total Project receipts and expenditures, summarizing all
Project activity, describing any MCUB inclusion efforts under Section 3.03, and containing a
certification by Grantee's chief financial officer that all grant funds were expended in accordance
with this agreement. The final report must include a list of project personal property as required
by paragraph 3.04. The final report must also describe how the Project furthers Total Watershed
Management as that term is defined under Minnesota Statutes Section 473.505. This Agreement
remains in effect until the Council approves the Final Report.
5.03 Other Monitoring Activities. To assist the Council in monitoring compliance with
the grant agreement, Grantee agrees to attend meetings as requested by Council staff and to
permit site visits by Council staff, during business hours, upon reasonable notice.
Section 6. General Conditions
6.01 Compliance with Law. Grantee will comply with all applicable state and federal
laws. Further, Grantee agrees that it is Grantee's obligation and responsibility, and not the
Council's, to comply with all other laws, regulations, and rules relating to activities undertaken in
performing the Project.
6.02 Maximum Use of Other Funds. If Grantee at any time receives funding or
reimbursement from another source for amounts charged by Grantee against this grant, such funds
charged against this grant shall be immediately refunded to the Council upon discovery of the
duplicate funding or reimbursement.
6.03 Liability. Each parry is responsible for its own acts and the results thereof to the
extent authorized by law and a party is not responsible for the acts of the other party and the results
thereof. Council and grantee's liability are governed by the Minnesota Municipal Tort Claims
Act, Minnesota Statutes chapter 466, and other applicable law. Notwithstanding this provision, to
the fullest extent permitted by law, Grantee will defend, hold harmless, and indemnify the Council
and its members, employees, and agents from and against all claims, damages, losses, and
expenses, including but not limited to attorney fees, arising out of or resulting from clean-up,
removal, and disposal of contaminants related to the Project. This includes, without limitation,
any claims asserted under the Minnesota Environmental Response and Liability Act (MERLA),
Minnesota Statutes chapter 11513, the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et seq.,
and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C.
sections 6901 et seq. This obligation will not be constructed to negate, abridge, or otherwise
reduce any other right or obligation of indemnity which otherwise would exist between the Council
and Grantee. Grantee's obligation to indemnify the Council as stated in this paragraph shall not
be construed as a waiver on the part of either Grantee or the Council of any immunities or limits
on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law.
6.04 Changes in the Project. If Grantee, for any reason, determines that the Project or
any portion of it should not be undertaken, or that there should be a change in the scope or costs
of an portion of the Project, Grantee must immediately submit to the Council a statement
describing the situation and giving the reasons for Grantee's determination. Grantee may,
simultaneously with the submission of the statement or within a reasonable time thereafter,
recommend alternative projects, activities, uses, expenditures, or allocations of grant funds.
If the Council determines that Grantee's recommendations may be immediately approved,
Grantee and the Council may execute a written amendment to this agreement as provided in section
6.05.
If the Council determines that Grantee's recommendations may not be immediately
approved, Grantee and the Council may execute a written amendment to this agreement as
provided in section only after appropriate authorizations by the Council and Grantee.
6.05 Amendments. The terms of this agreement may be changed by mutual agreement
of the parties. Changes will be effective only upon execution of a written amendment signed by
authorized representatives of the Council and Grantee.
6.06 Equal Opportunity; Affirmative Action. Grantee will comply with all applicable
laws, rules, and regulations relating to nondiscrimination and affirmative action in public purchase,
involvement, and use. In particular, Grantee agrees not to discriminate against any employee or
applicant for employment because of race, color, creed, religion, sex, sexual orientation, national
origin, marital status, disability, status with regard to public assistance, membership or activity in
a local civil rights commission, or age, and to take affirmative action to insure that applicants and
employees are treated equally with respect to all aspects of employment, rates of pay and other
forms of compensation, and selection for training. In addition, Grantee must include affirmative
action and equal employment provisions in any written contract entered into after the date of
execution of this agreement which involves the provision of work or services which will be paid
for in whole or in part out of the grant proceeds.
6.07 Permits, Bonds, and Approvals. Grantee is responsible for obtaining and
complying with all applicable local, state, and federal licenses, permits, bonds, approvals,
inspections, and authorizations necessary for the Project.
6.08 Termination for Cause. This agreement may be terminated by the Council for
cause at any time with 7 days' written notice to Grantee. Cause means a material breach of this
agreement and any supplemental agreements or amendments to this agreement. If the Council
terminates the agreement for cause, it may require Grantee to repay the grant funds in full or in a
portion determined by the Council. Nothing in this section limits the Council's legal remedies to
recover grant funds.
6.09 Termination for Convenience. Either party may terminate this grant agreement
at any time by giving the other party written notice of termination at least 30 days before the
effective date of the termination. On termination, the Council will compensate Grantee on a pro
rata basis for work plan activities that were satisfactorily performed in accordance with this
agreement.
R
6.10 Intellectual Property. Grantee agrees that the results of the grant project, the
reports submitted, and any new information or technology that are developed with the assistance
of this grant are in the public domain and may not be copyrighted, patented, trademarked or
designated as trade secret.
6.11 Government Data Practices. Grantee and Council must comply with the
Minnesota Government Data Practices Act, Minn. Stat. ch. 13, as it applies to all data provided by
the Council under this grant contract, and as it applies to all data created, collected, received,
stored, used, maintained, or disseminated by Grantee under this grant contract. The civil remedies
of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either Grantee
or the Council. If Grantee receives a request to release the data referred to in this section, Grantee
must promptly notify the Council.
6.12 Promotional Materials. Grantee will submit to the Council a copy of any
promotional information regarding the grant project disseminated by Grantee during the Grant
Period. Grantee will acknowledge the grant assistance made by the Council in any promotional
materials, reports, and publications relating to the grant project.
6.13 Jurisdiction and Venue. Venue for all legal proceedings arising out of this grant
agreement, or breach of this grant agreement, will in the state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
6.14 Authorized Representatives.
The Council's Authorized Representative is:
Joe Mulcahy
Environmental Analyst
GRANTEE'S Authorized Representative is:
Philip Belfiori
Administrator, Rice Creek Watershed District
All written communication under this agreement must be sent electronically or by United
States Mail to the Authorized Representative. Either party may change its Authorized
Representative by notifying the other party in writing. To the extent possible, communications
between the parties concerning this agreement will be directed through the authorized
representatives.
6.15 Survival. Sections 4.01, 4.02, 6.03, 6.10, 6.12, and 6.13 of this Agreement, and the
rights, duties and obligations of the Council and Grantee created in those Sections, survive
termination or expiration of this Agreement.
7
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
duly authorized representatives on or as of the date first above written.
LIN
Date:
METROPOLITAN COUNCIL
Weston Kooistra
Regional Administrator
GRANTEE
The Grantee certifies that the appropriate
persons have executed the grant contract on
behalf of the Grantee as required by applicable
articles, bylaws, resolutions and ordinances.
Date:
Date:
EXHIBIT A
Work Plan
On June 24, 2016, the City of Hugo was notified that the Metropolitan Council awarded a $200,000
Stormwater Grant to the Rice Creek Watershed District (RCWD) for the design and construction of a
stormwater reuse system at Water's Edge in Hugo. WSB & Associates, Inc. (WSB) will serve as the
project engineer, coordinator, and manager on behalf the City, and will coordinate the project and
funding through RCWD. The project will reduce and potentially eliminate the need for potable water for
irrigation by connecting and expanding the existing irrigation system to a nearby stormwater pond.
Task 1: Site Investigation
Over the past year, WSB has completed a water balance model; total project cost and financing
estimate; and preliminary site investigations to determine the feasibility of the project implementation.
The following section provides a brief summary of these items that have completed under Task 1.
The water balance model not only determined the quantity of water available from stormwater sources,
but also the pond elevation in relation to the irrigation demand. The following parameters were used in
the overall water balance model:
• Pond drainage area
• Storm sewer connections
• Pond characteristics (i.e. depth, surface area, and volume)
• Precipitation (historic data from 1959-2015)
• Evaporation
• Overflow
• Irrigated area
• Irrigation demand
The normal water level of the pond is at a depth of 9 feet. It was determined that the pond will be
allowed to drop to a depth of 7 feet, resulting in the pond edge receding a maximum of 9 feet. This
protective pond level will provide a balance between minimizing potable water use with minimal
impacts on the pond and surrounding properties.
The total project costs and financing estimate was completed to determine the initial capital costs
required for the project and also the long-term operations, maintenance, and replacement costs for the
stormwater reuse system. The estimates were then used to identify options for financing the overall
project. The total capital costs are estimated to be $522,000 which includes a 10% construction
contingency and 25% indirect costs.
On September 3, 2015, water quality tests were taken at the pond to be used for as an irrigation source.
Water quality parameters evaluated include turbidity, total suspended solids, E. coli, pH, chloride, zinc,
and copper. These parameters were determined based on MPCA recommendations for public health,
vegetation health, and irrigation system function. The samples were sent to a fixed -based laboratory.
Results are shown in the table below.
PARAMETER
CONCERN
RESULT (Average
between two
samples)
Total suspended solids
System function
<5 mg/L
Turbidity
System function
3.7 NTU
pH
Plant health
8.56
Chloride
Plant health, metal corrosion
36.5 mg/L
Zinc
Plant health
<5 µg/L
Copper
Plant health
<1 µg/L
E. coli
Public health
5 MPN/100mL
Abbreviations:
mg = milligrams
L = Liter
NTU = Nephelometric Turbidity Units
µg = Micrograms
MPN = Most Probable Number
A copy of the analytical results can be made available upon request.
Task 2: Conduct Neighborhood Meeting
Prior to advertising for bids, City staff, RCWD, and WSB will hold a neighborhood meeting at Water's
Edge. At the meeting, residents will be provided with an overview of the project and will be allowed to
ask questions or express concerns. WSB will provide the residents with educational materials including a
schematic of the system, examples of similar systems, and a representation of the expected pond
drawdown. As an additional public education effort, a permanent information sign will be posted in the
area to promote awareness of the project and stormwater management generally.
Task 3: Development of Plans and Specifications
Plans and specifications will be developed for the project during the fall of 2016. The plans will delineate
the order of construction, the materials to be used, and the expected function of the system. The
specifications will detail the manner in which the contractor shall connect the irrigation system to
stormwater and will mandate a backflow preventer to ensure there is no contamination between
stormwater and drinking water. The plans and specifications will ensure the project is built as intended
and is well-functioning.
Task 4: Permitting
The City will obtain a Minnesota Department of Natural Resources Water Appropriation Permit for the
project. A permit is required for water withdrawal of more than 10,000 gallons per day or 1 million
gallons annually. It is estimated that the system will use 113,000 gallons per irrigation cycle.
While the project will not require a permit from the Rice Creek Watershed District (RCWD), the City,
WSB, and RCWD have collaborated on water reuse systems in the past and will do so for this project.
Because RCWD is the grantee for the funding provided by the Metropolitan Council, collaboration will be
essential to the success of the project. RCWD allows stormwater reuse systems to provide stormwater
volume reduction credits for development or public linear projects. The reuse system at Water's Edge
will be used to meet watershed permit requirements for a future project.
EXHIBIT B
Task 5: Bidding and Construction
An advertisement for bids will be published in the Hugo newspaper, Citizen, in October 2016. Bids will
be opened and read aloud at the Hugo City Hall in November. The contract will be awarded by the City
Council in December and construction shall begin spring of 2017. WSB & Associates will serve as the
engineer throughout the construction and will ensure that the system is built according to the
specification and operates as intended. The project will be substantially completed by July 14, 2017.
Final completion is July 28, 2017.
Task 6: Monitoring
The City will monitor the volume of water pumped annually through the reuse, system, for system
analysis/optimization as well as DNR permit requirements. The quantity of stormwater used will be
measured using a meter at the pump station. The average volume of water used over the monitoring
period is then given as a credit to be used in lieu of future volume reduction.
SCHEDULE
The following table represents the overall project schedule for the Water's Edge
Task
Estimated Completion Date
Site Investigation
COMPLETED
Neighborhood Meeting
October 2016
Plans and Specifications
October— December 2016
Advertisement for Bids
January 2017
Bid Opening
February 2017
Contract Award
March 2017
Ground Breaking
April 2017
Substantial Completion
July 2017
Final Completion
July 2017
Monitoring
Ongoing from time of completion
EXHIBIT B
EXHIBIT B
Project Budget
ESTIMATED COST
The preliminary estimated cost of construction is shown in the table below. It is estimated that the project
costs will total $522,000, including a 10% construction contingency and 20% indirect costs, as shown in
the table below. The cost of monitoring is not included.
Task
Estimated Cost
Storm Pond Cleanout
$95,000
Pump System/Intake*
$64,000
Forcemain Distribution and Irrigation Retrofit*
$189,000
Educational Signs*
$4,500
Mobilization, Erosion Control, and Site Restoration
$42,000
Construction Subtotal
$394,500
10% Contingency
$40,000
Construction Total
$434,500
20% Indirect
$87,000
Total
$522,000
*Indicates Metropolitan Council funded item
EXHIBIT B
PA 19
Michele Lindau
From: Bryan Bear
Sent: Tuesday, August 09, 2016 8:32 AM
To: Michele Lindau
Subject: FW: Join us for a tour of construction in Stillwater Area Public Schools
For the agenda? What do you think?
From: Carissa Keister [mailto:keisterc@stillwaterschools.org]
Sent: Monday, August 08, 2016 4:44 PM
Cc: Barb Proulx<proulxb@stillwaterschools.org>
Subject: Join us for a tour of construction in Stillwater Area Public Schools
Dear Local Leaders,
It's been a busy summer of construction across the Stillwater Area Public School District and we'd like to take
you on a behind -the -scenes tour.
Please join us on Saturday, Aug. 27 from 8 to 10 a.m., beginning at Stillwater Area High School. You'll
have an opportunity to see all of the work that has taken place outside and inside of the high school this
summer, and learn what is still ahead for the coming year. From there, we'll carpool to Oak -Land Junior High
and then venture down to the site of Brookview Elementary in Woodbury — the district's newest elementary
school.
During the tour we'll share more about each of these projects, and the many opportunities these new learning
spaces will afford to students and residents of our community.
Please RSVP to Barb Prouix (651.651.8455) by Wednesday, Aug. 24 to confirm your spot on the tour.
We look forward to seeing you then!
And mark your calendar for future Local Leader Coffees — a time for us to engage in rich discussions about our
communities, our schools and our common goals. Please save the following dates and watch for reminders
coming prior to each event:
• October 6, 2016 (Time and location TBD)
• January 11 at 7:30 a.m. at Central Services, 1876 South Greeley Street, Stillwater
• March 1 at 7:30 a.m. at Central Services, 1876 South Greeley Street, Stillwater
• May 3 at 7:30 a.m. at Central Services, 1876 South Greeley Street, Stillwater
We're looking forward to staying connected with you this school year. If you have questions, ideas or concerns
about the school district please contact us at any time.
Thank you,
Denise Pontrelli, Superintendent
Carissa Keister, Community Engagement Manager
Carissa Keister, APR
Community Engagement Manager (and Pony alumna!)
Stillwater Area Public Schools
Phone: 651-351-8320
www.stillwaterschools.org
Follow us on Twitter: www.twitter.com/stillwater834
Stillwater Area Public Schools are on Facebook: facebook.com/Stillwater834
August 2016 August 2016 September 2016
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SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Jul 31
Aug 1
2
3
4
5
6
7:00pm City Council
6:30pm National Night
6:30pm Town Hall
Meeting
Out (Fire Hall)
Meeting (Council
Chambers)
7
8
9
10
11
12
13
7:00pm Parks
6:30pm BOZA
4:30pm Wilson Tool
7:00pm Planning
Picnic (Hanifl fields)
Commission
14
15
16
17
18
19
20
9:00am Lions Golf
5:00pm EDA Meets
9:00am Food Shelf Clay
11:30am Ideal Credit
Scramble (Oneka
Union Celebration
Shoot (Wildwings)
Ridge)
(14750 Victor Hugo
7:00pm Historical
11:00am Wash Co. PW
Commission
Ribbon Cutting
7:00pm City Council
Meeting
21
22
23
24
25
26
27
5:00pm Burger Night
8:00am Stillwater SD
7:00pm Midyear Budget
6:30pm NE Metro Water
Review (Hugo Council
(Hugo Legion)
Tour
6:30pm BOZA
Chambers)
7:00pm Planning
Commisison
28
29
30
31
Sep 1
2
3
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SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Aug 28
29
30
31
Sep 1
2
3
4
5
6
7
8
9
10
Labor Day
7:00pm City Council
6:30pm BOZA
cCollar Park Grand
Meeting
7:00pm Planning
Opening -Time TBD
Commission
11
12
13
14
15
16
17
7:00pm Parks
7:00pm Street Meeting
(Hugo Rice Lake
Room)
18
19
20
21
22
23
24
S:00pm EDA Meets
6:30pm BOZA
7:00pm City Council
Meeting 1
7:00pm Historical
—1
7:00pm Planning
Commission
Commisison
25
26
27
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29
30
Oct 1
5:00pm Burger Night
(Hugo Legion)
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SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Sep 25
26
27
28
29
30
Oct 1
11:00am HFD Open
House
2
3
4
5
6
7
8
Bus Tour (proposed)
7:00pm City Council
Meeting
8:00am Cleanup Day
9
10
11
12
13
14
15
7:00pm Parks
6:30pm BOZA
7:00pm Planning
Commission
16
17
18
19
20
21
22
5:00pm EDA Meets
7:00pm City Council
7:00pm Historical
Commission
23
24
25
26
27
28
29
5:00pm Burger Night
6:30pm BOZA
(Hugo Legion)
7:00pm Planning
Commisison
30
31
Nov 1
2
3
4
5
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