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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 F.2. T6�`NN�SOFgyO ��F TPAI� 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: 7 101 mhn W 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 i 1 Val Jean Blvd J N ¢ E Cedar St 1140th St N 1 i i 1 1 1 Lino Lakes i t c i i i 129th St N 1 � � 1 \OM"0c ! Ro��`r0 1 -o d 1 Hugo a "I'130th St N V 91, m x z v CD .(.D- D Q < 126th St N z wY N %obi pk cry// Fabt�N•�p �' Z • 2 4 >! i U y U) ~ E. m w• 2 � 1 Lino Lakes i t c i i i 129th St N 1 � � 1 \OM"0c ! 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St Main St Fre Centerville 1 nchmanRdN 140th St N a Birch St• Q> �!C, 0 N �J, a 130th St N 1 170th St N 1 1 z j a � � 152nd St N ' Hugo 1 Draft Washington County USBR 41 Route on County Trails USBR 41 Route on Other Jurisdiction Trails USBR 41 Route on Other Jurisdiction Roads Q Washington County 2� 0 0.5 1 2 Miles N July 18, 2016 et�\Ja 11th Ave SW i �etiti�e 61 1 L - 1 Lake Dr Columbus Forest Lake • �� � • Scandia— = 202nd St N tv CL 200th St N ' z O O —z. >; Q • CL a� of c c C7 M in • Y; m IC Anoka Co fl1 o Washington Co :�_.._ ..._.._.._.._� _.._.._...._.._.._.. _ .._._.._.._.._.._......................... ,._ _.,t. ._. ® 80th St E Lino Lakes ® T z _.._.._.�- N ' i Main St Main! St Main St Fre Centerville 1 nchmanRdN 140th St N a Birch St• Q> �!C, 0 N �J, a 130th St N 1 170th St N 1 1 z j a � � 152nd St N ' Hugo 1 Draft Washington County USBR 41 Route on County Trails USBR 41 Route on Other Jurisdiction Trails USBR 41 Route on Other Jurisdiction Roads Q Washington County 2� 0 0.5 1 2 Miles N July 18, 2016 Grand 11 Portage ® 0 Grand Marais Lutsen Tofte Schroeder 9 ® Little Marais MINNESOTA filgen City Silver Bay St. Louis County Beaver Bay Lake Superior 1 '� 53 Castle Danger 1 1 1 � 2 mKiri Carlton Mahtowa Barnum Moose Lake Sturgeon Lake di Rutledge Finlayson Friesland Hinckley m Pine City t� Rush City Harris m� North Branch Stacy J8 Wyoming Forest Lake U Hugo WBL St. Paul Two Harbors Palmers Duluth WISCONSIN Draft USBR 41 USBR 41 Route on Road USBR 41 Route on Trail Mississippi River Trail Bikeway (USBR 45) 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) about:blank 8/3/2016 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 I Map R 1 inch = 470 feet 9480 140th Street North W+ s �_ • of , (� IR t to • y 7 �4 1 e 0. AZukFI v d* ' r r. w ♦ q.: Yr -� .- � •lig 4 i �Xhibi�!' Tuesday, June 28, 2016 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. I Inch =100 fed Site Map y.. -i'N 2 7 2016 j3V. &P, 0 1 W+l low - VA r. ow fP— I Mr. rwL Lspnd z z 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 AL rr��� rir S,6 _ 8,C n.F,iegac/—Your legacy. 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 OMOT A n'rn�noga VINAY E ---t f m� �o s 1/4 Cor of sec 79, Twp. 37, RM 2r Fd. Nae m C'- m Concato CLEARWA TER COVE 3RD A DDI TI QN I-ri 03 'Ci C� O1 1 0� nureree' \ ) �$ .: I E°am •ani 1 1 '-7 r`. / I 50 SW �! I`. V 1 n5 Lr_ + \) �^ �86°09'02"+� 1 I! L-�_/-5l 1, 2 i ry `\/' .\ d j� rl �J ^'�° 'fit. 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Lara• a� BO i • �� N23°41 48T 1! !� ! d= o S 21.49 N 5 h! t10 !! 5 1 \/ 0 i ►qtr io \ ?I 1 81 1 z5 1 +'0 °kms �� 5 � 1 ,4t1` ! w+ 5 1 � / ,�• �Y_j +fir i_ 1 ! i1 11 1 oraMaga t-�� of. ty okry n 14 Ir Lj VICINITY MAP E e ton o t To Scale r---' • IIrNE I I Onal, NNW 1�4 -Parkway °�+ohr ion I �_�� Parkway �I Rd I I rc: a: Ih5s'wat I SE 114 ILSW\\\114-Sitel Section 19, Tow.-7ship 31, Range 21 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. 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C.. 13�Z r dy10°Ot3'17" 1 7�°�jO4r n• !1 11 f1 ryh // /' /` �r'�:;� oq65 SH, L-sx'71`-j ��16y 7Z my n - R zay&• /0„1� 4 / /d, `d W x5.N calors ��� / / % //� 7 U n 09'02iwI u ag / dal°4829• �% Eeaxnrat / \ 5 4 / " 70} /�� Easement I ,•' �, u I�; - L=144,8 �u �--- det9°97'JY��_� rl' `---.---J\�_ .7.53 zS0� 587°r9'39 -E 164.88Ih sso09'02•W , 90°34'18E !'q Q X 08 2O27 �<® //h 2--,a3 /o' \ \ 5 L- zs l y i 1 4, a I 1 \top tj zYrl II 5E4°25'JZ E�'! / m ! **ai; �. \oma :say L� 2aer h oda 4 N L~ N78~`~~y?Q� �x ''� `i 11 16-22*10,58�f'/! °7917�18Q !'� � C �•1 Ii Lt}8.38 ! li '�, �` �\°'N• YYYYr �"� Ne0.41,- 6 r I^ --.....0.0c riy v 1 i a- 06 5 i' Eeaemen! ryi 1 e��ry ?��\:fie^ ~"Fy60U 'i�.�/�; ' ( k, a 49.? Lara• a� BO i • �� N23°41 48T 1! !� ! d= o S 21.49 N 5 h! t10 !! 5 1 \/ 0 i ►qtr io \ ?I 1 81 1 z5 1 +'0 °kms �� 5 � 1 ,4t1` ! w+ 5 1 � / ,�• �Y_j +fir i_ 1 ! i1 11 1 oraMaga t-�� of. ty okry n 14 Ir Lj VICINITY MAP E e ton o t To Scale r---' • IIrNE I I Onal, NNW 1�4 -Parkway °�+ohr ion I �_�� Parkway �I Rd I I rc: a: Ih5s'wat I SE 114 ILSW\\\114-Sitel Section 19, Tow.-7ship 31, Range 21 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_ � . _ . / I 3 to i . I/ if _ POND 1 OUTLET EL=902.0 l HWL=905.5 ip � N i 8"-22 ■ mm- -am - noes a7. I gwss ws sr•� 1/2o BENDw/AUX. VALVE s lui," B"x 8"TEE IP. err 1' COP ER SERVICE �; I 1 e"x8" TEE I .I 6 �rvtJ ' w CURBISTOP (TYP) GRND. EL.=417.8 v ririt�irxvI • _ 8' Gi1V•(TYP) WYE -D+51 B"-22 1/2° BEND 72 �.. ,""r ' 1 - REMO PLUG 907.3•9p�3 6:CON ECT - TO EX I _ r `T "WM PLUG � J- -I EX.MH-4 . y +} _-, `) - a`� t H_5 '-H�>E•. _ IAO MH -20 _ _ r _, _ -__. z\ r 4 c 907.1- �� ® a %MH -21 � R OVE PLUG B" SAN PLUG�y & CONNECT I TO EX SAN 4" PVC SANITARY .SERVICE (TYP) . ONEKA PARKWAY Westwood nmrr 1eeYrasmse wr.Mrysnodn F.Brnews tan.. I�7 ww)wt w w�lww.�0m00 wrNItwmd 61 rWEIMI1404100, Mn 58'- 8' DIP 115'- 8' DIP CL 52 CL 52 W.M. W.M. w/POLYWRAP I w/POLYWRAP E. TKA 70 MIN. PROPOSED' CAL GRADE, (TYP;) . . COVER PROPOSED C/L SUBGRADE (TYP.) TOP WIM . I�. .. ., [iii...... _ WM ... II � I' CONNECT!I I EXIST. WM I'' 043` -JS" P I A-7+8 1 STA -8+47.94 AD :;OX' - ELS 909.8 EL= 910.2 9rA=6+80.00 �a�_--- , I I EL= 908.7 I -- LI - - - - - - - - - - - - - - - - - - - ----�u___ --- - II II � II 1111-3 +58 i f 3` - 8" P v_ ' I 119' - 8': PVC STA 5 SDR 35 ® 0.40% RE = 958 ;I II � _ ..IE'(SE)'= 903.86'r--- _--- ..-20 ... 4 g,' PVC .. . IE (W) = 903.8��' -- TOP WM AT STA 8+30 STA 9+50 SDR 35: O 0.408 FUTURE IE (NE) - 903.942ND CONNECTION : RE - 917.56 RE = 917.26 _ STA=7+26.07 : IE (SW) - 905.24 IE (SW) - 905.82 - 9-r -W - 8' P, !'H- H_ :. ELS 902 8 MH -5 IE (N) - 905.14 IE (NE) - 905.72 ....SDE S5 9 -&*o , ... 3TA 6+65....... .; STA.7+,34. .... . ....:. ........ . 0.44% RE = 94&+3-918.43 RE - 916.98 85 8 PVC IE (NW) 09-.!4 904.45 IE (S) = 904.76 SDR 35 O 0,40% IE (S) = 9G+M-GIOC35 IE (N) - 904.66 - IE (E) = 904.75 - 5 6 7 8 9 10 11 12 Imo/sea es F -F -d4 r- r �Yls dhwl maim V 9e I s a d411 !da !0017 -ox" �s/sd Ysdl6 eYwdr�� Freass UL Room 4PH m0, Op/i2/l6 '- 'b 17716 - PM 1I 4wa DR Horton, Inc. - Minnesota ms nna MW11Cenwmp Court S6ilte No ""m" m Ia1 "Me, Mtnm ft wim 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 HWL=905.5 Nik,8"-22 1/20 --BEND '0)� 61 4!' BGC SANITARY. • \ •. -�VICE (TYP)VL U 8"-221/. 1, �` • Sk +.+was.. ar. - - • \ 90) >S . 1" COPPER SER O r•/CURB STOP967 ~ I 'r c� ' 1/20 .. REND I Q / p \ !14 T `y ® \ 9 B'Lrp. 90> HYD. 6" IPUX. VALVE: JPO 01, 8"x6" REDUCER - ' ' $Ox'y� GRNP E6..917 f1 907.2NO 6 lig ' „�•� WYE=1+28 � - 142ND CIRCLE . W2)93 -M 70NOMe.ree1" co vms 037a saw. r,ra.,weexa 7aelhw (eeeYeerdle0 w�Mao�taan MWeemsl�ul.rlenal SrMlaa, Yfe. 50,-. r. lip CL 5: W.M. .YWRAP 7.5" MIN. COVER w/P"oLYWRAPw.M. EXTRA DEPTH W. OLYWRAP CONNECT HYO, 8" DIP: CL 52 W.M. w/POLYWRAP 7.5 ....... ..MIN.- COVER_ _ - .. .. .... . . ... 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 xwn. ree@IIST-e16e MG"—W. rw (INW-EM Eamr,r r.. Mx eesN TAF— PeeleeTa w uereeeedpme Wnmod wahNs.l rrrc- r �P� p".0 IF a w. w RnYo�w � ,yrfYYa rd 9x 1 m a i¢ Lr_l l�Li. Bf� .ds d iw d ar err v rrer ars � rf�s Na 77116 Leiert fq! � � 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 Cove 3rd sftwt evm Addition COIL t & Stams mctkm PIAN m%Q, MN 2016 Westwood Profeesianal Services. Ine STANDARD MANHOLE nTTi1� (48"INSIDEDIAMETER) j]j��JGO rn axr� I� SANITARY SEWER I I \ � wn I -C e•wi. •eum �.y.:tet« liUGV TRASH GUARD I FOR STORM SEWER APRONS R,nr ea.�.a.aw:.i�e wwwwe'�.n'r am�°"•�••a.a �,nrwXXrv.�en „� Xrrm,nrrwxruuwXru�epr 9. w.nn..iwwlaM tlMr f em M �wr atl. tl.r wn m r•w .. TEMPORARY+s ». GO AIR BLEED DETAIL 1H1+V1 k INSTALLATION II Ii ,'PaYCPAT:C P! TS.—I Dena HUHDERDRAIN DETAIL i1G0 UNe I GO STORM SEWER J Ur F HUGO I TYPICAL R ENGH (UNSTABLE FOUNDATION L.0 sE�r'.cEvn� Dover DSR TDP �1F &EWER of 1,' aR, een 7 �A _ lYPB]1L BERNCE W4ERE CWER Wei °°�^° IOP OF SEYYER ei 1,'IXi MDriE HUTn7Gn SANITARY SEWER GO TYPICAL SERVICE (4° OR 69 � IT -In TGn DATCH A51N�'CA5TING I+ HUGO FOR I STORM DRAIN C, o� G-1: ! O I 0 ) O o.00-r,Marw<uw+r+sr+x. a.'� uT,ew rr. ri.woa wRk"�aaca`A'sr �j li V Go ; STRUCTURE MARKER I SIGNS T r TT HUGO ; eca.w , INSULATION DETAIL i - .I I DRINLE CLEANOUT ``,.-" I STORM DRAIN 9'L•CFiCATg1B T_' eueaRn.wrourr o.,..aD rwwroamuu+ WEh-AND ormane.wro u,owoos..raw.cc MOWW I c wsr,wD, wmw'�ewlals�+ nEII.&1D WM WON M�uex� sxeroror,xcPcs, F,78r W767AL8 rx rxerm, NDRr NarALLAIIDN awn,mro,xewrff FouRra-r,aovs uc,Pe �I WET elL L1 ' LAND BUFFER HVGV rra MARKER .. STANDARD MANHOLE rE -I H GO I FOR STM DRAIN �j�J�j�f 1 MODIFMD4'.... 1L' IIIIII U .�►. PLAN MOUNTABLE HCURB & GUTTER UGS U CONSTRUCTION AT CATCH BASIN -I V I`k • :,. C�jyj ! DpBTII'3OflGlia, _ • � � ,jam `. inr®sr,a � MlMea� :no�n0 °IZ I II STREET 17 �®�,.rwrwxwc.wr I tttn sxn ... w,rwXwrwenr �,�{�--sem,+••« STREET IDJSTOP • STREET _ $I81014DETAIAI L HUGO I 4 f a RJJI �a � � HU (} I STANDARD ewsl., HUGO CATCH BASIN -u I I wrmH SUMP - - - Call 48 Hours before digging: GOPHER STATE ONE CALL Twin City Area 651-454-0002 Mn. Toll Free 1-500-252-1166 aro•ama �c r� rnPari o7 rr �, ram�1eruwe �1'OfrrX SAY I M r� Hum PLAC IP RAP 11VGo HAN ST MES REWER ---- LOW Rs ddm Date 07J+.I Jv ODfhOS2.03DTFDl.dwg nee:07/li/16 Sheat 7 0F S Westwood .,e eaX Clearwater Cove 3rd a.�.y..wrlrl�.r;e�Iawu ei1� o.r.r men ' moNO� DR Horton, Inc. imewta A 'tion neftdis ,dti. Ie. aeYs,ea .�ae�rm. d 4 a MM >��a�. Cumt. >� too wrnwa4nae.ronrsrs1�Inc tzar 0 /16 > ar. 17716 — 1..1asWINKrear 1J1�111G t J 14 , MN �®�,.rwrwxwc.wr 1�.C`Y ! STREET IDJSTOP H IUI • 11GV ! SIGN DETAIL Hum PLAC IP RAP 11VGo HAN ST MES REWER ---- LOW Rs ddm Date 07J+.I Jv ODfhOS2.03DTFDl.dwg nee:07/li/16 Sheat 7 0F S Westwood .,e eaX Clearwater Cove 3rd a.�.y..wrlrl�.r;e�Iawu ei1� o.r.r men ' moNO� DR Horton, Inc. imewta A 'tion neftdis ,dti. Ie. aeYs,ea .�ae�rm. d 4 a MM >��a�. Cumt. >� too wrnwa4nae.ronrsrs1�Inc tzar 0 /16 > ar. 17716 — 1..1asWINKrear 1J1�111G t J 14 , MN 02016 Westwood Professional Services, Inc. J L DRIVE OVER jur" HUGO C&STIN_­ G mW 11 VALVE BOX HUGOINSTALLATION ROAD IPLACEIMENTAND 7 CONSTRUCTICINCIFA , F HUGO � SILT FENCE 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" jf7 4H11. —I-..—_ 4, 1 1.2 22-1 POURED CONCRETE THRUST BLOCKINGHUGO FOR WATERMAIN 1,11S SERIES I-VATERSTOP GROUTING FUNGS 2 SEALS FOR RIGID JOINTS BETWEEN PIPE & CONCRETE STRUCTURES r.iree P'.r','es forAll Your Rigid Jz*d S,,C j Ideal for 11ortated Cmineclana m Precast `Auree Flek!­P.rured Conowis SWcalras F.M-P"md Callas CimrftPA- Hubs Iarty ConmISSUIud� Get thee.) WslerSTOP Advanlagif j: Pre fila Rud lrgnWonsed -ewulia. Eros& t ft-ftm oxwedvan to : e-rmq aft, 4area IfistaftcIukkIyand amily we jW a- 144. _TJ WS -21) WO -30 M'door a m "'TJ !1.5 -3. Pip.) (4-t'Fqpe*) MOMED'S'DESIGN Tpp CF COI CURB, :SI M-11 EE SE AV JUST Rii-S AS NEEDED GG AGON C.B.:TRUCTURE-PREr'.,ST S CONCRETE HUGO CURB & GUTTER IPLACEIMENTAND 7 CONSTRUCTICINCIFA , F HUGO � SILT FENCE 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" jf7 4H11. —I-..—_ 4, 1 1.2 22-1 POURED CONCRETE THRUST BLOCKINGHUGO FOR WATERMAIN 1,11S SERIES I-VATERSTOP GROUTING FUNGS 2 SEALS FOR RIGID JOINTS BETWEEN PIPE & CONCRETE STRUCTURES r.iree P'.r','es forAll Your Rigid Jz*d S,,C j Ideal for 11ortated Cmineclana m Precast `Auree Flek!­P.rured Conowis SWcalras F.M-P"md Callas CimrftPA- Hubs Iarty ConmISSUIud� Get thee.) WslerSTOP Advanlagif j: Pre fila Rud lrgnWonsed -ewulia. Eros& t ft-ftm oxwedvan to : e-rmq aft, 4area IfistaftcIukkIyand amily we jW a- 144. . \I a:_Or 'TUMINOUS PA,Nr WS -21) WO -30 SOULE' Ar'D "'TJ !1.5 -3. Pip.) (4-t'Fqpe*) 41 Tpp CF COI CURB, :SI EE SE AV JUST Rii-S AS NEEDED GG AGON C.B.:TRUCTURE-PREr'.,ST S LCNC. 24'x36' (INSIDE) Press -Seat Gasket Corporation TV; f IPLACEIMENTAND 7 CONSTRUCTICINCIFA , F HUGO � SILT FENCE 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" jf7 4H11. —I-..—_ 4, 1 1.2 22-1 POURED CONCRETE THRUST BLOCKINGHUGO FOR WATERMAIN 1,11S SERIES I-VATERSTOP GROUTING FUNGS 2 SEALS FOR RIGID JOINTS BETWEEN PIPE & CONCRETE STRUCTURES r.iree P'.r','es forAll Your Rigid Jz*d S,,C j Ideal for 11ortated Cmineclana m Precast `Auree Flek!­P.rured Conowis SWcalras F.M-P"md Callas CimrftPA- Hubs Iarty ConmISSUIud� Get thee.) WslerSTOP Advanlagif j: Pre fila Rud lrgnWonsed -ewulia. Eros& t ft-ftm oxwedvan to : e-rmq aft, 4area IfistaftcIukkIyand amily we jW a- 144. TYPICAL WATER SERVICES HUGO FOR WATERMAIN V_� I WATERMAINLOI I HUGO WITH INSULATION DETAIL EXPANS TRAN-ITON SECTC-1 �EXPAKSICN .10IN7 /TRANJT2SECTION 1XNT_L LER GUTTER LINE B-01' CURB B-812CU UTTER LINE , - FA t,.,. _ 1LLLLLL±LLLLLLL11 - I i . kLkllkLLmll � 4 • .. I . \I a:_Or 'TUMINOUS PA,Nr WS -21) WO -30 SOULE' Ar'D "'TJ !1.5 -3. Pip.) (4-t'Fqpe*) (8-144'PiDe) Tpp CF COI CURB, :SI EE SE AV JUST Rii-S AS NEEDED GG AGON C.B.:TRUCTURE-PREr'.,ST S LCNC. 24'x36' (INSIDE) Press -Seat Gasket Corporation TYPICAL WATER SERVICES HUGO FOR WATERMAIN V_� I WATERMAINLOI I HUGO WITH INSULATION DETAIL EXPANS TRAN-ITON SECTC-1 �EXPAKSICN .10IN7 /TRANJT2SECTION 1XNT_L LER GUTTER LINE B-01' CURB B-812CU UTTER LINE , - FA t,.,. _ 1LLLLLL±LLLLLLL11 - I i . kLkllkLLmll � 4 • .. I `1-1-1' I - �CATCH BASIN STRUCTURE PLAN VIEW TYPICAL OL HUGO HYDRANT INSTALLATION I 1.1 --1 t EE_ BIKE PATH SIDEWALK SECTION HUGO i I - PAANG SHAPE CONCRETE MORT A F.J ET TIC Pro' IDE A FLkT ARE. EACH SIDE OF INjERT FOR _rA. GINE.R,)Om. THEE MLST BE SLOPED TO DI INTO IWIERT BASE IN ERT MIN RECTANGULAR CATCH BASIN L_mdlr�_ WTH POURED IN-PLACE INVERT I 3T01 I Call 40 Hours before digging; GOPHER STATE ONE CALL Twin City Area 651-454-0002 Mn. Tall Free 1-800--252-1186 142ND STREET �;+60 — 6±M 5r(ROW) 211' 9- 3W -89 1.5:1 SLOPE - L BI PlRDMr or 6 OWING 7 (TYP-) 0412 CURB & GUTTER t"A32A CONCRETE SIDEWALK 4' CLASS 5 AGGREGATE BASE (IDOX CRUSHED GRAVEL) COMPACTED SUSGRADE CONC, WALKWAY NO SCALE Flt TYPICAL PAVEMENT SECTION 'B- 1 1/2' ST. WEARING COURSE MNOOT SPEC 2360. TYPE SP 9.5 WEAR COURSE (SPNEA2410B ZH) TACK GOAT, MI 2357 2 1/2' BITUMINOUS BASE COURSE SP12-5 NON WEAR MR."(3MEMS 2.9) 7 12' CLASS 3 AGGREGATE BASE (i= CRUSHED) 24' SELECT GRANULAR FILL MNDOT 3149 (10021 CRUSHED) GEDTDMUE FABRIr, FOR CLAY SUBSOILS - WAR 500x Latest Remmon Ek0e:07/" 0004092,03[)70­dwg Dwim 07/" Siweft 8 cm 8 I ftermed far Clearwater Cove 3rd wvbst(921 TGGOA�-� MR104101 dw F. III d IM DR Hofton, Inc. - Minnesota Addition Details Plnlw (::z ;;I-to :22)=� Ed-Pnk1@6MI , _t (Q g"GI W40 4 FAmmm ra mossm. J36 PH 2M KmdmWp Coult, Salle VO vvow LfiI Mbzmft 560" HuSn� MN VANOWNhohmilmmI I im I . \I a:_Or 'TUMINOUS PA,Nr LE-RESS CACTII O.Z' BELOW GUTTER UNE URe r _EY' 10 CONCRETE CURB & GUTTER CEYCND & G Ur C1 SOULE' Ar'D "'TJ DJUST 8- HEIGHT TO MATCH Tpp CF COI CURB, CET CA71N�'. IN 'ORTAR H��13 EE SE AV JUST Rii-S AS NEEDED GG AGON C.B.:TRUCTURE-PREr'.,ST S LCNC. 24'x36' (INSIDE) S"Oft ,I ERT C' CB _R ��K�ft PYJRED IN THE FIELD PRECAST A SE MIK `1-1-1' I - �CATCH BASIN STRUCTURE PLAN VIEW TYPICAL OL HUGO HYDRANT INSTALLATION I 1.1 --1 t EE_ BIKE PATH SIDEWALK SECTION HUGO i I - PAANG SHAPE CONCRETE MORT A F.J ET TIC Pro' IDE A FLkT ARE. EACH SIDE OF INjERT FOR _rA. GINE.R,)Om. THEE MLST BE SLOPED TO DI INTO IWIERT BASE IN ERT MIN RECTANGULAR CATCH BASIN L_mdlr�_ WTH POURED IN-PLACE INVERT I 3T01 I Call 40 Hours before digging; GOPHER STATE ONE CALL Twin City Area 651-454-0002 Mn. Tall Free 1-800--252-1186 142ND STREET �;+60 — 6±M 5r(ROW) 211' 9- 3W -89 1.5:1 SLOPE - L BI PlRDMr or 6 OWING 7 (TYP-) 0412 CURB & GUTTER t"A32A CONCRETE SIDEWALK 4' CLASS 5 AGGREGATE BASE (IDOX CRUSHED GRAVEL) COMPACTED SUSGRADE CONC, WALKWAY NO SCALE Flt TYPICAL PAVEMENT SECTION 'B- 1 1/2' ST. WEARING COURSE MNOOT SPEC 2360. TYPE SP 9.5 WEAR COURSE (SPNEA2410B ZH) TACK GOAT, MI 2357 2 1/2' BITUMINOUS BASE COURSE SP12-5 NON WEAR MR."(3MEMS 2.9) 7 12' CLASS 3 AGGREGATE BASE (i= CRUSHED) 24' SELECT GRANULAR FILL MNDOT 3149 (10021 CRUSHED) GEDTDMUE FABRIr, FOR CLAY SUBSOILS - WAR 500x Latest Remmon Ek0e:07/" 0004092,03[)70­dwg Dwim 07/" Siweft 8 cm 8 I ftermed far Clearwater Cove 3rd wvbst(921 TGGOA�-� MR104101 dw F. III d IM DR Hofton, Inc. - Minnesota Addition Details Plnlw (::z ;;I-to :22)=� Ed-Pnk1@6MI , _t (Q g"GI W40 4 FAmmm ra mossm. J36 PH 2M KmdmWp Coult, Salle VO vvow LfiI Mbzmft 560" HuSn� MN VANOWNhohmilmmI I im I 2015 Westwood Professional Services, Inc. v \ I T 0ef SES PARKWAY- - - !/ DETAIL (SHEET 2) i - - _ 8' I OTE f ~v`i ?. \\\ / * T?'" � '• app K•� ~ j !7hlD r t 1 I ! f •` \ �� J \ phi ���OT \ w :.� ALL DISTURBED/ LLED AREAS WITHIN �.,� - j1,•... + ,r75 �� . �$1 !~jam:;\�X38; 1UTLOT D DOWN TO y i ` f POND NWL WITSI I �.y F a� Itt ! •- F "'. lr -i!" t I. / I 1 ,1 1 `ATIVE SEED MIX 1t� 1 f g)� � ... ! :- r r i/ L7 'r�' "'45•`� � :r rs .gi'�, IiATli16 v CI 7 .�:r,1 • vel \ �, .J. �. \ a�v�y: \ .SIC ", �c.�.� � - 'r r'diF i 11// -�a !/ - ►•. ��-F�" f`J j � 'I (`1 °'`err` `� _, a f��� �; / .. �Url�� ,.,rY Ise' �� i _-- � { �� �,` ! • �!J ` / \ '� � \, .�• 'l: r' .� .. "`riir"���' - +".1 �- i _ `J �J'�..� 4 j/: -� Af';: �'., n--�+"y, ,J `� 1! ` � �� � 1LL ►� �.�'' ' F'...{'. ` � � Y1 �.ss. - �"�-�-.::�s� Ste' :. - t. .� f . � * � r7 aT � I 00MOTf1 777 r ! , ' 9 f f I ( 2}/�- � SEED ALL r I51 TILED A�t-- I I &n&mpe Requirement Calculations J DOWN ro POND ap L } ! �+ -`-NATIVE 5EE r�p: 5 7 4 1' �' NWL WITH NATIVE r 7 r� :•V ff ,a� ,MIX (33-261 \ � r 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 11 f ! /J. �' I t I I I I I I d I1 a J �14A;.. r d . TRRFFFTT TREES (B 65' O.C. TYPA 159 TREES. 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 .5 91wh 1 OF Clearwater m ,> Westwood.. �.„_,= aer aarm.,. C �DR Horton, Inc. - Minnesota Cove Final pe Plan o.-te enac. nenlM Awn) Bra. - Ph— lm)07a50 reeeA•.oramorPe r. lsssasareau eaarr�ri., exs� m Tan.. nwfwrelso rreraraaapsaull 20860 Zen Cotuk, Suite 100 NYm,aod lletdavl%rA-kn Ia1r✓lY711� Mhtnesata 5504! Hagar MIST ,D2015 Westwood Professional Services, Inc. Parkway Median Detail Scala P - 20' 1 / l ��1, rlrr / i 'If I it A, ------------------ O-- - ----------- ------ ZZ- —.A -- --------— — Z ----- -------- -.zg ASD- f 5 N 3 1 D 5 F 5 Is I 1 10 AJS 10 ASO - 1 Z 10_150 B f ti r. 910 .. . .... ... .... .... ....... ........ r 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 sea= r iw V SOD ENTRY (SEEONESN�DETAIL F LAhLT' U�k.. .5 & pod-& C= Westymod DR Horton, Inc. Bd - Minnesota CM PMM �—J::741N 2DOW KeWmap Cu=t, SWte IM ti W1 teal.... I ..... .nrweapaminLakevjue, Numelota 55044 hwfa*mWs-dw Im I Ir- 76971 I I Clearwater Cove MN Latest Revision Date 8/09/16 ,AVIK-LF02,:,q Dst. 07/06/15 shmt 2 OF 3 Final Landscape Details I o2D15 Westwood Professional Services, Inc. Bridge Accent Bed Planting Detail \x!wI 1 ; \ <-� 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 � T- wI�F c.AriAArr ar�Mur x.. iW�d RIK�NW nlraw AAwKa Men;A ,MAEwy. wrlKi S S ] aKKu - sx ST3 a rYrNrr M..yYW i. iEe 0.1 Al 12 0. M1 � _ 14 ID " TSV _z" k M1 A i i. I I I Corner II I I II T..a,wA. a Tan I I I A� 410 " vi o _ .. c w% lIY9 aM an 1t% F4KW. A1KelYBwataK ... .,t _ M A. tAMF . ,• AR dm Ali% + AVNIrAmyrE 1 A11 AR % AW v-; K _osl i � .eM• En Uri iqe las .,wrdn 12 an .6Fx An Lv aAix n.a A1ErANwalAlu'V IF sAwr Ew,mra 11.14 DC NOT PILE AGAINST TRUNK T— TibY' M_ O +I to 4133PF 1W,.15 Iw"^" MM.eaFdl�ItlNE�0.`� ?!>oraRirtlLwAm+4 Rr1a�YArAa - -ITroM1�—�u.AF�'PrN+�. RrwF.lAnio.6rvnAwdMMPrm . . MMCOFp.EwfpaAp.:e. R.Nr.,4 TlA Dry Prairie Souteast Seed Mix I � I I I I I 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 — RC N PRWRE CUT MI¢IRECTED BRANCHES PRCNISE CNE r----------� I r-------_, I I I GUYING AND STAKING AS REWIRED. I I I -11 I I I I I IF �I 1 I k TION' I I I Corner II I I II kI II i Interior I II I I I I BOTTOM CF STAKE 3' (WAN.) I I I I . ,• POSTS TO BE Z X27 STAINED **`GORPAINYW STEEL + DELINEATOR POSTS PLAN 3 POSTS EJUIp'Or AN DVND v-; K ANO RE TR E fl0DT BALL SECURE TREE TG POSTS AXON 1 I I I i rnDE smAP. IL PLACE M)LCH DEPTH AS SPECIFIED, CVER PLANT PM - DC NOT PILE AGAINST TRUNK J L— I � I I I I I 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 — RC N Westwoodpzepmxed for. �" �K = µ `� -Minnesota IJINOUCAPB Al wM. Tar Ms .E w. XVII N TE�AA W_III_IS a1y Gammnb 1 DR Horton Inc. w-OFIT BMT. FImIaL�asnl B.AA ��� PIww ING1RBri61FD TNTMATrAmDNw C_ IIOL =60 Kmkid E C+a17E'tA Mte NO R.(A@1 Ba :W EEAn M1wiriS MN ET,TM Td F_ (TTBIsaT-SARAWmbPPdpame I.ike411TeA ),1tf111TeBav 55044 VAWtwGW1 PGETK.I%FBFI 1iwvlv;k U_ Na 2M PRWRE CUT MI¢IRECTED BRANCHES PRCNISE CNE ? CENTRAL LEADER. ' GUYING AND STAKING AS REWIRED. f EAR oNE ((1) YEAR CN ALL WNIFERDus TREES, �a'K -,•• Z, +AY�" �' nEDBUDVS AN3 TOP STAKES S' AEOW GRnUND {MAX.) ORTD RBST BRACHl ,. BOTTOM CF STAKE 3' (WAN.) " BELOW AROUND. STAKING . ,• POSTS TO BE Z X27 STAINED **`GORPAINYW STEEL + DELINEATOR POSTS PLAN 3 POSTS EJUIp'Or AN DVND v-; K ANO RE TR E fl0DT BALL SECURE TREE TG POSTS AXON _ 16• LONG ENE. RO WL.. R1. OR POLYETHYLENE, 1a CRL.. 1.5" i rnDE smAP. •., PLACE M)LCH DEPTH AS SPECIFIED, CVER PLANT PM - DC NOT PILE AGAINST TRUNK ! FOIA 3" DEEP WATERING BASIN, BACKFILL PLANT PIT WTH F SpECFlED BACKnu. SOL. nPArETER SCARIFY 9OFS AND BOTTOM OF MORE. ,I. REFER TO AMERICAN STANDARD FOR NLMLRY STOCK FOR MINIUM BALL SZE. ROOT FLARE TO BE PUNTED AT OR _ NEAR RNUSNFD GROUNDLI E. _ SET ROOT BALL AE UNDI SNRBED SUBSDIU OR PACSOL YWNp MATCRING TREES NATURAL AIOVNDLINE WITI FINISHEE B51TE aIADE. EVERGREEN TREE WAST .gem PLANTING U29 Westwoodpzepmxed for. �" �K = µ `� -Minnesota IJINOUCAPB Al wM. Tar Ms .E w. XVII N TE�AA W_III_IS a1y Gammnb 1 DR Horton Inc. w-OFIT BMT. FImIaL�asnl B.AA ��� PIww ING1RBri61FD TNTMATrAmDNw C_ IIOL =60 Kmkid E C+a17E'tA Mte NO R.(A@1 Ba :W EEAn M1wiriS MN ET,TM Td F_ (TTBIsaT-SARAWmbPPdpame I.ike411TeA ),1tf111TeBav 55044 VAWtwGW1 PGETK.I%FBFI 1iwvlv;k U_ Na 2M DECIDUOUS TREE PLANTING Clearwater Cove MN FINISHED SITE Tatmt Remeron Dates BMIM IU 4ry,Z1LFQjdwq DRFE 07/06/15 BIG— 3 OF 3 Final Landscape Notes do Details __PRUNE PRUNE OUT MISDIRECTED SRAN„`H !L ? ONE CENTRAL LEADER. GUYING AND STAKING, AS REDUCED. ' FOR WE (1) YEAR ON ALL DEMUCUS AND =4 EROUS TREES: , f TOP STAKES S AROLZ GROUND �a'K -,•• Z, +AY�" �' (ILAX.) OR TO FIRST BRANCH. BOTTOM OF ST KE 3' BELOW GROWING. STAKING POSTS - _ 10 BE 2'X2' STAINED WOOD OR PAINTED SIM OEIINEATCR PGSTS. PEACE 3 POSTS . ,• EMINSTANT AROUND AND OUTSIDE ROOT BALL SECURE uEE To Posrs KIM 1B" LONG POLYPROPYLENE OR POLYETHYLENE, AC MIL. 1.5" WDE STRAP. 1FIFE ANAP MATMAL FP.ON GFJIMDLEIE UPWARD To FIRST 6RANp1E% AS REQUIRED. PLACE Mul.W. DEPTH AS SPECEED, F DYER PLANT PITS - DO NOT PILE nPArETER AGAINST TRUNK. FOW 3' DEEP WATERING BASIN. 9ADEIIL PLANT PIT WITH SPECIFIED SAMU. SUIL - SCm FY SIDES IIID smm of KO E. _ REFER TD AMERICAN 3tANuARD FOR _ NURSERY STOCK FOR MNMUM BALL 82E, RDOT RARE TO BE PLANTED AT OR NEAR FINISHED GROUNDUNE. DECIDUOUS TREE PLANTING Clearwater Cove MN FINISHED SITE Tatmt Remeron Dates BMIM IU 4ry,Z1LFQjdwq DRFE 07/06/15 BIG— 3 OF 3 Final Landscape Notes do Details c2014 Westwood Professional Services, Inc. p. w. �.�t y a r � diad �! Y I s . ib �r ta0tld9p Paeans fa�mratea mvAnprwnmW. Fs MM 16TH Etlsa ha1Nq IM b5Aa4 TO FWestwood — tum WS w F � i�Rr ps 4 14o6ra�eal Mc p� �61/18/iS U. Na an - . ter � bar a DYL Hoftm, Inc. xw �__ �t, Saba m **-- �•+s14 w mm EGEIE4 . ' JJUL 19 2016 0' 100' 200' 300' D.w 06/26/15 se.eh 2 w 2 Clearwater Cove Water Reum Map 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 Easement Vacation -Site Map W+E _ s i. -,• - 1 Tom- P "i TA 7 f - �4 �1 1'• ��k �,*ft tiffi - OL a e . k _ a1 7 � - �.i'i #IL - -� BMJ I•N _ _ _ — - - site � � i �i r: �r4� �.4,��e�';• •fir �_. d` _ - r - 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 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 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 Meetings in green are scheduled/posted meetings. 1 8/11/2016 1:21 PM September 2 016 September 2016 October 2016 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 1 4 5 6 7 8 9 10 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 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 28 29 30 Oct 1 5:00pm Burger Night (Hugo Legion) Meetings in green are scheduled/posted meetings. 2 8/11/2016 1:21 PM October 2016 October 2016 November 2016 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 910 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 30 31 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 Meetings in green are scheduled/posted meetings. 3 8/11/2016 1:21 PM