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HomeMy WebLinkAbout2019.06.03 CC Packet A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. May 18, 2019, Fire Department Waffle Breakfast 2. May 20, 2019, City Council Meeting 3. May 20, 2019, Executive Session – City Adminisrator Review 4. May 23, 2019, “Flip the Switch” at Waters Edge E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. None Scheduled 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. Approve Claims Roster 2. Approve Annual Performance Review for Utility Billing Clerk Jodie Guareschi 3. Approve Annual Performance Review for Public Works Worker Tom Smith 4. Approve Resolution Approving Waters Edge 6th Addition Final Plat and Development Agreement 5. Approve Resolution Approving Adelaide Landing 4th Addition Final Plat and Development Agreement 6. Approve Resolution Approving Apple Academy Site Plan, Conditional Use Permit, and Development Agreement 7. Approve Resolution Approving Conditional Use Permit for Steve Bona for a Lake Access Lot at 13862 Ethan Avenue North 8. Approve Construction of Park in Adelaide Landing Agenda HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, JUNE 3, 2019 – 7 P.M. H. PUBLIC HEARING 1. Easement Vacation for Apple Academy for Property Located on TH61 2. Easement Vacation for Steve Bona for the Property Located at 12812 Ethan Avenue North I. UNFINISHED BUSINESS 1. Approve Operating Agreement and Lease for Compost Site J. NEW BUSINESS 1. None Scheduled K. VISITOR PRESENTATIONS 1. None Scheduled L. COUNCIL PRESENTATIONS 1. Update on Yellow Ribbon Network M. ADMINISTRATIVE PRESENTATIONS 1. Hugo Good Neighbor Days June 6-9, 2019 2. Reschedule Victor Gardens HOA Meeting to Monday, July 8, 2019 N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON JUNE 3, 2019 D.1 May 18, 2019, Fire Department Waffle Breakfast D.2 May 20, 2019, City Council Meeting D.3 May 20, 2019, Executive Session – City Adminisrator Review D.4 May 23, 2019, “Flip the Switch” at Waters Edge Staff recommends Council approve the above minutes as presented. G.1 Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for Utility Billing Clerk Jodie Guareschi Since June 17, 2002, Jodie has worked as the City’s Utility Billing Clerk in the Finance Department. Finance Coordinator Anna Wobse recommends Council approve the annual performance review for Utility Billing Clerk Jodie Guareschi. G.3 Approve Annual Performance Review for Public Works Worker Tom Smith Tom Smith was hired by the City of Hugo on June 26, 2000 as a Worker in Public Works Department. Public Works Director Scott Anderson recommends Council approve the annual performance review for Public Works Worker Tom Smith. G.4 Approve Resolution Approving Waters Edge 6th Addition Final Plat and Development Agreement Hugo Ventures, LLC, is requesting approval of a final plat in order to plat 37 lots and 1 outlots on the 13 acre parcel located south of Heritage Parkway along Education Drive in the Waters Edge development. The City Council approved the preliminary plat and PUD amendment for Waters Edge 6th Addition at its May 20, 2017 meeting. The final plat will plat all 37 villa style lots from the Waters Edge 6th Addition preliminary plat. The lots meet the minimum lot standards and requirements outlined in the regulations for the Waters Edge PUD and the PUD amendment approved. Staff recommends approval the resolution approving the Final Plat and Development Agreement for Waters Edge 6th Addition. G.5 Approve Resolution Approving Adelaide Landing 4th Addition Final Plat and Development Agreement   OP5 Adelaide, LLC (Excelsior Group) is requesting approval of a final plat in order to plat 20 lots and 2 outlot on a parcel located east of Highway 61 and north of 130th Street, which will develop a small portion of Outlot B, Adelaide Landing. The site is currently vacant. This final plat request will plat 20 additional lots from the Adelaide Landing preliminary plat. The lots meet the minimum lot standards and requirements outlined in the regulations for the Adelaide Landing PUD. Staff recommends approval of the resolution approving the Final Plat and Development Agreement for Adelaide Landing 4th Addition. G.6 Approve Resolution Approving Apple Academy Site Plan, Conditional Use Permit, and Development Agreement Classic Construction, Inc. is requesting approval of a site plan and conditional use permit to allow construction of a 9,948 square foot daycare facility on the property. The property is located on the east side of TH61, south of 140th Street and TGK Auto. The two properties will be combined at Washington County to create one parcel for the daycare facility. The daycare facility will operate from 6 am to 6 pm daily and is expected to serve 143 children with 25 staff members. The Planning Commission reviewed the Site Plan and Conditional Use Permit at a public hearing at their May 23, 2019 meeting and recommended approval. Staff recommends Council adopt the resolution approving the site plan, conditional use permit, and development contract for Apple Academy. G.7 Approve Resolution Approving Conditional Use Permit for Steve Bona for a Lake Access Lot at 13862 Ethan Avenue North Steve Bona is requesting approval of a Conditional Use Permit for a lake access lot for a property on the northeast side of Bald Eagle Lake. Lake access lots are allowed as a conditional use in the Shoreland Overlay District per the City Code. A lake access lot will allow a dock to be constructed to access the lake without a home being built on the property. At its May 23, 2019, meeting the Planning Commission held a public hearing and considered the request. The Planning Commission was comfortable with the request and thought that it was reasonable to allow the applicant to use the property as a lake access lot. The Planning Commission unanimously recommended approval of the resolution approving the Conditional Use Permit for the lake access lot to the City Council. G.8 Approve Construction of Park in Adelaide Landing The Parks, Recreation, and Open Space Commission is recommending approval of plans and construction of an unnamed park in Adelaide Landing. The plan, approved at their May 15, 2019 meeting includes a large shelter and playground, 35 stall parking lot, two pickleball courts, and a basketball half-court. The park will be constructed in partnership with Excelsior Group where the paved areas will be constructed with the roadways. The neighborhood will be invited to select the playground and the park name in the future. Staff recommends Council approve the plans for construction of a park in Adelaide Landing. H.1 Public Hearing on Easement Vacation for Apple Academy Located on TH61 Classic Construction, Inc. is requesting to vacate the 30-foot wide permanent utility easement that runs south to north through the Apple Academy site, under the location of the proposed building. The property is located on the east side of TH61, south of 140th Street and TGK Auto. The existing sanitary sewer main will be removed and rerouted around the proposed building. Sanitary sewer service will be extended from the infrastructure located on the north side of the property with a 6-inch service extended into the site. Staff recommends that the City Council approve the notice to vacate the drainage and utility easement. H.2 Public Hearing on Easement Vacation for Steve Bona for the Property Located at 12812 Ethan Avenue North Steve Bona is requesting a vacation of the existing drainage and utility easement located over a property located at 12812 Ethan Avenue North. There are two parcels that were platted as part of the Woods of Bald Eagle Lake development in 1998. At that time, the properties were deemed unbuildable, however, were still platted as lots. The applicant has been working with City staff to combine the two parcels and have a buildable lot. The lots have existing drainage and utility easements on the property that were dedicated as part of the Woods of Bald Eagle Lake final plat. The areas for the easements need to be revised to be over the new floodplain areas and removed from the grading areas. New drainage and utility easements will be placed on the lots at the time the of the easement vacation. Staff is comfortable with the applicant’s requests to vacate the drainage and utility easements. Staff recommends that the City Council approve the notice to vacate the drainage and utility easement. I.1 Approve Operating Agreement and Lease for Compost Site Washington County and the City of Hugo have been working on a cooperative agreement for the operation and management of the Hugo Yard Waste Collection Site. The City originally acquired the site in 1987 from the State of Minnesota by tax forfeiture for the purpose of compost recycling. The compost site is currently operated by the City, serving Hugo residents, and is a deposit site for grass clippings, leaves, and soft organic matter, no brush, twigs, branches or woody materials accepted. Staff is recommending to have the County take over the operation and management of the yard waste collection site from the City in order to expand the service to all Washington and Ramsey County Residents. The expansion of services will include the collection of yard waste to include garden wastes, leaves, lawn clippings, weeds, shrub, and tree waste, along with Source Separated Organic Material (SSOM) or kitchen and food waste. Staff recommends Council approve the Cooperative Agreement for the operation and management for the Hugo yard waste collection site.   L.1 Update on the Yellow Ribbon Network Council Member Chuck Haas and Phil Klein will report to Council on the Yellow Ribbon Network activities held recently. M.1 Hugo Good Neighbor Days June 6-9, 2019 The Hugo Lions Club will be hosting Hugo Good Neighbor Day on Thursday, June 6 to Sunday, June 9. The Historical Commission will have their display again in the Oneka Room on Saturday and Sunday. New this year is the Backyard Rib Fest on Saturday at 4 p.m. The Council has scheduled this as a meeting. M.2 Reschedule Victor Gardens HOA Meeting to Monday, July 8, 2019 The Victor Gardens HOA is again requesting to change the meeting date from June 10, 2019 to July 8, 2019. The purpose of the meeting is to review items that came up at the public hearing concerning the Rosemary Way Apartments on March 15, 2019, which include the roundabout on Rosemary Way and options for parks in the area. Staff recommends Council reschedule this meeting to July 8, 2019 at 7 p.m. in the Oneka Room. N. Adjournment PRESENT: Haas, Klein, Miron, Petryk, Weidt ABSENT: None The Hugo City Council attended the Waffle Breakfast at the Hugo Fire Hall to raise money for the Fire Fighter Relief Association. Following the breakfast, the department held a brief ribbon cutting ceremony for the new aerial truck. Respectfully Submitted, Michele Lindau City Clerk Minutes HUGO CITY COUNCIL MEETING FIRE DEPARTMENT WAFFLE BREAKFAST SATURDAY, MAY 18, 2019 8:30 A.M. 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 Attorney Dave Snyder, City Engineer Mark Erichson, City Clerk Michele Lindau Approval of Minutes for the May 4, 2019, Fire Department Live Burn Miron made motion, Klein seconded, to approve the minutes for Fire Department Live Burn held on May 4, 2019, as presented. All Ayes. Motion carried. Approval of Minutes for the May 6, 2019, City Council Meeting Klein made motion, Petryk seconded, to approve the minutes for the City Council Meeting held on May 6, 2019, as presented. All Ayes. Motion carried. Approval of Minutes for the May 13, 2019, Parks Funding Workshop Klein made motion, Miron seconded, to approve the minutes for the City Council Parks Funding Workshop held on May 13, 2019, as presented. All Ayes. Motion carried. Approval of Minutes for the May 14, 2019, 130th Street Neighborhood Meeting Miron made motion, Petryk seconded, to approve the minutes for the 130th Street Neighborhood Meeting held on May 14, 2019, as presented. All Ayes. Motion carried. Approval of Minutes for the May 15, 2019, Law Enforcement Memorial Day Klein made motion, Petryk seconded, to approve the minutes for Law Enforcement Memorial Day Ceremony held on May 15, 2019, as presented. All Ayes. Motion carried. Minutes HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, MAY 20, 2019 – 7 P.M. Hugo City Council Meeting Minutes for May 20, 2019 Page 2 of 6 Approval of the Agenda Weidt made motion, Klein seconded, to approve the agenda as presented. All Ayes. Motion carried. Sheriff Department Annual Report – Sheriff Dan Starry Sheriff Dan Starry presented to Council the Sheriff’s Department’s Annual Report for 2018. He introduced Chief Deputy Brian Mueller, Commander Doug Anschutz, and Hugo Sergeant Joe Shoehr, who were in the audience. Starry stated they were part of 264 dedicated staff and over 100 volunteers and part-time employees that make up the department. Six deputies, one sergeant, and one detective are assigned to Hugo at a flat rate of $1.1 million, which equals $74.56 per capita. Starry has been in conversations with the City on adding another deputy. He reviewed Part 1 and Part 2 crimes that have remained fairly consistent with last year. The biggest Part 1 crime was theft at new construction sites. He talked about the implementation of the new records management system that provides more information on call, which allows them to better allocate resources. The department kept busy with 1,800 traffic stops, fraud calls (mostly targeting seniors), human trafficking, and opiate abuse. Deputies now carry Naloxone, and the County had received a grant in the amount of $143,000 to combat drugs coming into the County. Starry spoke briefly on the new “hands free” law and the importance of employee wellness. Council talked about the success of the Drug Takeback Box put in City Hall, financial crimes, the “Hands Free” Law, and they requested photos of Hugo Deputies. Starry stated they had received over 20 tons in the five boxes located around the County, and he thanked Hugo for putting one in. The department is doing its best to get the word out on social media regarding fraud crimes. Starry explained the “Hands Free” Law saying that the phone could be used to push one time to answer a call or to dial in an emergency. Violation would be a misdemeanor. Weidt said he was glad the new data was available to help identify the need for new deputies. He thanked them for inviting them to the memorial service, and he talked about the focus on mental help saying it’s okay to not be okay. He appreciated they were looking at the wellbeing of their employees. Starry responded that the department takes three suicidal type calls in each eight-hour shift. Presentation of GFOA Award for Excellence in Financial Reporting - Finance Director Ron Otkin Finance Director Ron Otkin had received notification from the Government Finance Officers Association of the United States and Canada that the Hugo Finance Department had received their 24th Certificate of Achievement for Excellence in Financial Reporting. This certificate is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Finance Director Ron Otkin addressed the Council by saying the certificate is awarded to the City, not an individual. He stated the GFOA also awards a certificate to an individual for financial reporting achievement, and this was being presented to Finance Coordinator Anna Hugo City Council Meeting Minutes for May 20, 2019 Page 3 of 6 Wobse. The Mayor and Council presented the award to Anna. Approval of the Consent Agenda Klein made motion, Petryk seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 2. Approve Annual Performance Review for Public Works Worker Rick Kieffer 3. Approve Donation to the Hugo Fire Department from the Centennial Youth Hockey Association 4. Approve Special Event Permit for Outdoor Tent Party at Blue Heron on June 21-22, 2019 5. Approve Application for Water Surface Use Permit for David Strub on Sunset Lake 6. Approve Application for Water Surface Use Permit for Mike Ball on Round Lake 7. Approve Closing of City Offices on Friday, July 5, 2019 8. Approve Resolutions Approving Waters Edge 6th Addition PUD and Preliminary Plat 9. Approve Resolution Approving a Variance for 7755 125th St. N. -Wlaschin 10. Approve Reduction in Credit for Preserves on Sunset Lake 11. Approve Pay Voucher No. 2 for the Water Tower No. 4 Improvement Project All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual Performance Review for Public Works Worker Rick Kieffer Rick Kieffer was re-hired by the City of Hugo on May 31, 2005 returning after a short period of time in the private sector. Over the past 14 years, Rick has worked under the direction of Public Works Director Scott Anderson. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Worker Rick Kieffer. Approve Donation to the Hugo Fire Department from the Centennial Youth Hockey Association The Centennial Youth Hockey Association conducts gambling at the Blue Heron Grill and had donated $1,500 to Hugo Fire Department. The Gambling Control Board requires approval of contributions to a unit of government. Adoption of the Consent Agenda approved the $1,500 donation from the Centennial Youth Hockey Association to the Hugo Fire Department. Approve Special Event Permit for Outdoor Tent Party at Blue Heron on June 21-22, 2019 The Blue Heron Bar and Grill, 14725 Victor Hugo Boulevard, had applied for a Special Event Permit for their annual outdoor tent party to be held on Friday, June 21 and Saturday, June 22, 2019. A Special Event Permit approved by Council is necessary because alcohol will be sold Hugo City Council Meeting Minutes for May 20, 2019 Page 4 of 6 outdoors, over 200 people are expected to attend, it will extend after dark, and there will be amplified music. Bands will play from 8:30 p.m. - midnight on each day. The music will be outdoors in a tent adjacent to the west entrance of the building. This event had been held for the past five years with no major impact to surrounding residents or businesses. Adoption of the Consent Agenda approved the Special Event Permit for the Blue Heron Grill Tent Party subject to the conditions in the memo to Council. Approve Application for Water Surface Use Permit for David Strub on Sunset Lake On behalf of residents living on Sunset Lake, resident David Strub had made application for a water surface use permit to allow residents to water ski on the slalom course on the lake. Washington County Sheriff’s Department issues the permit after City Council approval. Adoption of the Consent Agenda approved the application for a water surface use permit for a water skiing course on Sunset Lake. Approve Application for Water Surface Use Permit for Mike Ball on Round Lake On behalf of residents living on Round Lake, Resident Mike Ball had made application to the City of Hugo for a water surface use permit to allow residents to water ski on the slalom course on the lake and put a water ski jump on the lake. Washington County Sheriff’s Department issues the permit after City Council approval. Adoption of the Consent Agenda approved the application for a water surface use permit for a water skiing course on Round Lake. Approve Closing of City Offices on Friday, July 5, 2019 The City’s Personnel Policy allows for each employee to take one day of their choosing as a personal holiday. Staff is requesting to take their personal holiday on the day following Independence Day. Adoption of the Consent Agenda approved City Offices to be closed on Friday, July 5, 2019, to allow all staff to take that day as their personal holiday. Approve Resolutions Approving Waters Edge 6th Addition PUD and Preliminary Plat Hugo Ventures, LLC, had requested approval of a preliminary plat and PUD amendment to revise the Waters Edge preliminary plat and PUD general plan to create 37 single family villa style (slab on grade patio homes) lots and 1 outlot (common space), where 104 townhome units where previously approved. The development would be known as “Waters Edge 6th Addition”. The overall net density for this phase of the project will be approximately 4 units per acre. At its May 9, 2019, meeting, the Planning Commission held a public hearing and considered the request. There was one resident, besides the applicant, that spoke during the hearing. The Planning Commission generally liked the plan and had a few general questions. The Planning Commission unanimously recommended approval of the resolution for preliminary plat and PUD amendment for Waters Edge 6th Addition, subject to the conditions listed in the resolution. Adoption of the Consent Agenda approved RESOLUTION 2019-24 APPROVING A PRELIMINARY PLAT AND PUD AMENDMENT FOR HUGO VENTURES, LLC, FOR WATERS EDGE 6th ADDITION. Approve Resolution Approving a Variance for 7755 125th St. N. -Wlaschin Matt Wlaschin, 7755 125th Street North, had requested approval of a variance from the height regulations for a proposed accessory building on his property. The variance request was to allow a Hugo City Council Meeting Minutes for May 20, 2019 Page 5 of 6 maximum of 25 feet in height where 20 feet is allowed by ordinance. At its May 9, 2019 meeting, the Board considered the variance request and held a public hearing. There was no one that spoke during the public hearing. The Board agreed that the request met the criteria necessary to approve the variance and recommended approval of the resolution for the variance request to the City Council. Adoption of the Consent Agenda approved RESOLUTION 2019-25 APPROVING A VARIANCE FROM THE HEIGHT REQUIREMENTS FOR AN ACCESSORY BUILDING LOCATED IN THE RURAL RESIDENTIAL (RR) ZONING DISTRICT FOR MATT WLASCHIN AT 7755 125TH STREET NORTH. Approve Reduction in Credit for The Preserves on Sunset Lake The Preserve on Sunset Lake, had significant work completed to date and the developer, Shlayba, Inc. had requested an initial reduction in the letter of credit. The current letter of credit is in the amount of $632,724. Staff has inspected the work completed to date and recommended a reduction. Adoption of the Consent Agenda approved the reduction in the letter of credit to $320,000 based on the value of the work remaining to be completed. Approve Pay Voucher No. 2 for the Water Tower No. 4 Improvement Project CB&I, LLC, had submitted Pay Voucher No. 2 for the Water Tower No. 4 improvement Project. Staff had inspected the work and found it to be satisfactorily completed for work certified through April 30, 2019. Adoption of the Consent Agenda approved Payment Voucher No. 2 to CB&I, LLC for the Water Tower No. 4 Improvement Project in the amount of $129,630.12. Update on the Yellow Ribbon Network Council Member Chuck Haas and Phil Klein reported to Council on the Yellow Ribbon Network activities held recently. Haas talked about the ten-year anniversary of the Hugo Yellow Ribbon Network and the party that will be held on Tuesday, June 25th at Hugo City Hall. There have been many thanks from soldiers who received care packages containing Girl Scout cookies and Command Hooks. Haas thanked the Sheriff’s Office for being sponsors of April’s Hamburger Night. May’s Hamburger Night will be sponsored by St. Johns Men’s Club. Waters Edge “Flip the Switch” Celebration on Thursday, May 23, 2019 City Administrator Bryan Bear reminded Council they had scheduled a meeting to attend the ceremonial “Flip the Switch” event at Waters Edge when they will be turning on their stormwater reuse irrigation system and promote Phase II of the project. The event be held on Wednesday, May 22, 2019, at 3:30 p.m. at the Waters Edge Community Center. Reschedule Victor Garden HOA Workshop to Monday, June 10, 2019 At its May 6, 2019, meeting, Council scheduled a workshop for June 24th with the Victor Gardens North Village Homeowners Association to discuss issues raised at the April 15, 2019 Council meeting. At the HOA’s request, City Administrator Bryan Bear recommended Council reschedule the meeting. to June 10, 2019. Klein made motion, Miron seconded, to reschedule the Victor Gardens HOA meeting to Monday Hugo City Council Meeting Minutes for May 20, 2019 Page 6 of 6 June 10, 2019, at 7 p.m. at City Hall. All Ayes. Motion carried. Schedule Hugo Yellow Ribbon Network 10th Anniversary, Tuesday, June 25, 2019 City Administrator Bryan Bear informed Council they were invited to the Hugo Yellow Ribbon Networks 10th anniversary celebration on Tuesday, June 25, 2019 at City Hall in the Oneka Room. Social Hour begins at 6 p.m. with a ceremony to follow at 7 p.m. Haas made motion, Klein seconded, to schedule a meeting to attend the Hugo YRN 10th anniversary celebration on Tuesday, June 25, 2019 at 6 p.m. All Ayes. Motion carried. Vacancy on Carnelian-Marine-St. Croix Watershed District City Administrator Bryan Bear informed Council the Washington County Board of Commissioners would be accepting applications for the Carnelian-Marine-St. Croix Watershed District Board of Managers. Applicants must reside in the Watershed District and should apply with Washington County Office of Administration by July 16, 2019. Executive Session - City Administrator Performance Review Council had scheduled the City Administrator’s Performance Review as an executive session immediately following the regular Council meeting. Mayor Weidt recessed the regular Council meeting at 7:44 p.m. to enter into executive session. Respectfully Submitted, Michele Lindau, City Clerk PRESENT: Klein, Miron, Weidt ABSENT: Haas, Petryk The Hugo City Council attended the “Flip the Switch” ceremony to celebrate with the Waters Edge Community Homeowners Association as they turned on Phase I of their Stormwater Reuse Irrigation System and initiated Phase II. These projects are done in collaboration with the Metropolitian Council and the Rice Creek Watershed Distsrict. Respectfully Submitted, Michele Lindau City Clerk Minutes HUGO CITY COUNCIL MEETING “FLIP THE SWITCH” THURSDAY, MAY 23, 2019 3:30 P.M. Agenda Number G.4 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Hugo Venture, LLC – Final Plat and Development Agreement for a Waters Edge 6th Addition. DATE: May 29, 2019, for the City Council Meeting of June 3, 2019 1. PROPOSED MOTION: Move to approve the resolution approving the Final Plat for Waters Edge 6th. Approval of the Final Plat requires a 3/5 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of a final plat in order to plat 37 lots and 1 outlots on the 13 acre parcel located south of Heritage Parkway along Education Drive in the Waters Edge development. The property has been previously graded for three-story 6 to 8 unit townhome buildings. The streets, utilities, lighting, and some landscaping has been installed. The property will need to be graded for the proposed single family villa style (patio) homes. 3. BACKGROUND: The City Council reviewed will review an the preliminary plat and PUD amendment for Waters Edge 6th Addition at its May 20, 2017 meeting. The final plat will plat all 37 villa style lots from the Waters Edge 6th Addition preliminary plat. The lots meet the minimum lot standards and requirements outlined in the regulations for the Waters Edge PUD and the PUD amendment approved. Park dedication requirements have been fulfilled with the first phase of this development when the park land was dedicated to the City. No additional dedication is due with this phase. 4. RECOMMENDATION: Staff recommends approval the resolution approving the Final Plat and Development Agreement for Waters Edge 6th Addition. Waters Edge 6th Addition Final Plat and Development Agreement Page 2 ATTACHMENTS: a) Location Map b) Resolution Approving the Final Plat c) Engineer’s Memo dated May 30, 2019 d) Draft Development Agreement e) Final Plat Graphics stamp dated April 23, 2019 f) Landscape Plan dated October 22, 2018 (received March 19, 2019) g) Final Plat Construction Plans dated June 11, 2018, revised April 22, 2019 h) Proposed Single Family Villa Homes Design dated April 29, 2019 Oneka Parkway NorthHeritage Parkway N o r t h E v e r g r e e n D r i v e N o r t h Everton Avenue NorthElm Drive North Education Drive N o r t h Emmit Drive North Oneka Parkway NorthWaters Edge 6th Addition Final Plat Hugo, MN Roads Hugo Border Parcel Boundary ¯0 215Feet1 in = 215 feet Document Path: S:\Mapping\Emily\LocationSite Maps\Waters Edge 6th Pre Plat PUD Amendment.mxdSite RESOLUTION 2019-___ APPROVING A PRELIMINARY PLAT AND PUD AMENDMENT FOR HUGO VENTURES, LLC, FOR WATERS EDGE 6TH ADDITION WHEREAS, Hugo Ventures, LLC, has requested approval of a Preliminary Plat and PUD Amendment for “Waters Edge 6th Addition” on property legally described as follows: Lots 3-17, Block 1, Waters Edge 4th Addition WHEREAS, Planning Commission has reviewed the preliminary plat and PUD amendment at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does the request by Hugo Ventures, LLC, for a Preliminary Plat and PUD Amendment for “Waters Edge 6th Addition”; subject to the following conditions: 1. A preliminary plat is approved to allow the construction of 37 single family villa homes (patio homes) and 1 outlot (common space) in accordance with the plans received by the City on March 19, 2019, April 16, 2019, April 22, 2019, April 29, 2019, and May 5, 2019, except as amended by this resolution. 2. Development standards shall be according to the preliminary approvals granted by the City Council on December 16, 2002 (Resolution 2002-65, 2002-66 and 2002-67) and as amended on December 15, 2003 (Resolution 2003-65), and as amended with this resolution. 3. The plans shall be revised to label all private utilities. 4. HOA documents or written confirmation that the homes will be covered under the HOA established for the previous phases of this development must be submitted to the City Attorney for review and approval. 5. The HOA shall be responsible for the following: a. All landscaping in the development and common areas/outlot. b. All retaining walls c. Private streets and sidewalks d. Private utilities (sanitary sewer, stormsewer, and watermain) 6. Cross access and maintenance agreements as well as drainage and utility easements shall be recorded with the final plat for all private drives. 7. Park dedication requirements were fulfilled with the first phase of this development when the park land was dedicated to the City. No additional dedication is due with this phase. Resolution 2019-___ Page 2 8. The development shall comply with the following setbacks: Minimum front yard set back from private drive curb 25 feet Minimum side yard setback 10 feet Minimum side yard setback (internal) 15 feet between buildings Minimum rear yard setback 25 feet Minimum rear yard setback (internal) 15 feet between buildings Setback around perimeter of the site (exterior property lines) 25 feet Rear yard and setback around perimeter of the site (exterior property lines) for Lots 20 - 23 15 feet FURTHER, that the following conditions be met prior to issuance of building permits: 9. The applicant shall comply with the conditions in the City Engineer’s memo dated March 15, 2006. 10. The landscape plan shall be revised and reviewed and approved by staff. a. The landscape plan shall be revised to show proposed building foot prints, proposed grading. b. The landscape plan shall be revised to remove any landscaping that interferes with utilities or drainage. 11. The final plat, development agreement and associated documents must be recorded at the County. 12. No changes shall be made to the HOA documents unless approved by the City of Hugo in writing. Any amendments to the HOA documents must be filed at Washington County. 13. The developer shall submit building elevations and a design palette including colors for siding, shake, shutters, shingles, brick, and stone for each of the buildings. No adjacent building shall have the same front elevation colors or architectural styles and the buildings shall have varied and interesting detailing. Each home shall utilize architectural accent features such as dormers, bay windows, arched windows, etc. 14. A 12-foot trail easement shall be dedicated to the City as shown on plans dated April 22, 2019. 15. Any retaining wall over 48 inches shall have a fence along the top. The fence shall be architecturally decorative. The design of the fence shall be reviewed and approved by staff. Resolution 2019-___ Page 3 ADOPTED by the City Council this 20th day of May, 2019 _______________________________ Tom Weidt, Mayor ATTEST: ________________________________ Michele Lindau, City Clerk S:\Users\R_Juba\Rachel\DEVELOPMENT PROJECTS\Waters Edge\Waters Edge 6th - Fred Stelter\Final Plat\Engineers Memo Waters Edge 6th Final Plat - 05 30 19 (002).docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM May 30, 2019 Ms. Rachel Juba City Planner City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Final Plat Review Waters Edge 6th Addition WSB Project No. 3288-090 Dear Ms. Juba: We have reviewed the revised preliminary plat submittal for the above-referenced project. In particular, we have reviewed the following plans related to this particular request: • Revised Preliminary Plans dated 4/22/19 by Landform • Waters Edge Sixth Addition Final plat Based on the review of the revised preliminary plan documents, we offer the following comments related to this application: Preliminary Plat 1. The Plat accurately indicates drainage and utility easements over the entirety of lot 38, which includes all areas outside of each of the 37 individual lots. A trail easement along the westerly boundary of the plat is required to be provided, however no trail is proposed to be constructed at this time. Development Agreement 2. There are a number of development fees outlined within the City’s Fee Schedule that will become due as part of the final plat. Grading, Street, and Utility Plans 3. Plans and Development Agreement will need to clearly identify maintenance responsibilities for street, sanitary sewer, watermain, storm sewer, and retaining walls etc. The main line sanitary sewer and watermain with be public infrastructure while the remaining will be private. Wetland/Drainage 4. No wetland impacts are proposed as part of the proposed improvements. 5. Analysis was performed to ensure previous stormwater management facilities are appropriately sized. Overall there is less impervious coverage that the previously approved project. Revised Water Reuse Plan Ms. Rachel Juba May 3, 2019 Page 2 S:\Users\R_Juba\Rachel\DEVELOPMENT PROJECTS\Waters Edge\Waters Edge 6th - Fred Stelter\Final Plat\Engineers Memo Waters Edge 6th Final Plat - 05 30 19 (002).docx 6. Water reuse will be utilized as part of this development. Water will be delivered to the site from the Water’s Edge Phase II Stormwater Reuse Improvement Project. Thank you for the opportunity to provide comments on this project. Additional detailed red-lined comments have been provided to the applicant’s engineer. These comments will need to be addressed prior to approval of the construction plans. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB & Associates, Inc. Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Stephanie Hatten, Water Resource Engineer (email only) Rev. 05/30/19 Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Waters Edge 6th Addition THIS AGREEMENT, made and entered into this _____ day of _______________, 20___ by and between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and Hugo Ventures, LLC,. (hereinafter referred to as "Developer"). WITNESS: Waters Edge 6th Addition 2 WHEREAS, the City Council of the City has, by Resolution Numbers 2002-65, 2002-66 and 2002-67 on December 16, 2002, approved the Preliminary Plat and PUD for a major subdivision as proposed by the Developer to be known as " Waters Edge" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2003-65 on December 15, 2003, approved the PUD Amendment for a major subdivision as proposed by the Developer to be known as "Waters Edge" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2019-___ on May 20, 2019, approved the PUD Amendment for a major subdivision as proposed by the Developer to be known as "Waters Edge 6th Addition" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2019-__ on June 3, 2019 approved the final plat for a major subdivision as proposed by the Developer to be known as " Waters Edge 6th Addiiton " (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 13.13 acre parcel of land into 37 single family villa units and 1 common lot (Lot 38); 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 City 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 Waters Edge 6th Addition 3 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. 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 Waters Edge 6th Addition 4 (1) compaction test for all developed lots 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 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 activity, 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 Waters Edge 6th Addition 5 necessary as a result of said inspection are complete and written approval issued. 6. Project 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 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 Drawing 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). Waters Edge 6th Addition 6 (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 (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. Signs. 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 Waters Edge 6th Addition 7 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. 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 Signage: 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 Waters Edge 6th Addition 8 (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 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 25B, 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 REQUIREMENTS: 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. Waters Edge 6th Addition 9 D. ADMINISTRATIVE REQUIREMENTS: 1. Miscellaneous 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 phase of the preliminary plat, have 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 Plat, 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 1. 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 Waters Edge 6th Addition 10 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. 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) The City may, free of claims of cost, loss or damage by Developer, withhold any permits at any time because of sewer capacity limitations or other infrastructure limitations. 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 Waters Edge 6th Addition 11 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. l) 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: 1. 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 Waters Edge 6th Addition 12 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: 1. The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, 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 may be 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. Waters Edge 6th Addition 13 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. 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. 6. 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. Waters Edge 6th Addition 14 City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 20___, 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 Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Waters Edge 6th Addition 15 Developer Hugo Ventures, LLC By________________________________ Fred Stelter Its: STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 20___, before me, a Notary Public, within and for said County and State, personally appeared ________________, to me personally known, who, by me duly sworn did say that he is the _____________ of Hugo Ventures, LLC, a Minnesota corporation, on behalf of said corporation. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Waters Edge 6th Addition 16 EXHIBIT A LIST OF DEVELOPMENT PLANS Sheet No. Plan Date Author 1 Final plat Stamped April 23, 2019 Landform 1 Preliminary plat June 11, 2018, revised April 22, 2019 Landform 2 Preliminary Grading, drainage, and erosion control plan June 11, 2018, revised April 22, 2019 Landform 3 Preliminary Utility plan June 11, 2018, revised April 22, 2019 Landform 4-5 SWPPP June 11, 2018, revised April 22, 2019 Landform 6-9 Details June 11, 2018, revised April 22, 2019 Landform 1 Overall landscape plan October 22, 2018 Westwood Waters Edge 6th Addition 17 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the creation of 37 single family villa homes (patio homes) and 1 outlot (common space), in accordance with the plans and application received by the City on April 16, 2019, and April 23, 2019 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 May 20, 2019. 1. Development standards shall be according to the preliminary approvals granted by the City Council on December 16, 2002 (Resolution 2002-65, 2002-66 and 2002-67), as amended on December 15, 2003 (Resolution 2003-65), as amended on May 20, 2019 (Resolution 2019-____), and as amended with this resolution. 3. The developer shall comply with all conditions outlined in the City Engineer’s memo dated May 30, 2019, and revisions required in “redlined” comments from the City Engineer. 4. The development shall comply with the following setbacks: Minimum front yard set back from private drive curb 25 feet Minimum side yard setback 10 feet Minimum side yard setback (internal) 15 feet between buildings Minimum rear yard setback 25 feet Minimum rear yard setback (internal) 15 feet between buildings Setback around perimeter of the site (exterior property lines) 25 feet Rear yard and setback around perimeter of the site (exterior property lines) for Lots 20 - 23 15 feet Waters Edge 6th Addition 18 5. Lot use and ownership: a) Lot 38 is proposed as common space for the development that will include landscaping and will be owned by the home owners association (HOA). The outlot is unbuildable. 6. The developer shall establish a home owners association (HOA) for the development to own/operate/maintain common elements, landscaping, retaining walls, private streets and sidewalks, and private utilities (sanitary sewer, stormsewer, and watermain) 7. 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. 8. 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 curb 9. The developer shall obtain all necessary local, state, and federal permits. 10. Park dedication requirements were fulfilled with the first phase of this development when the park land was dedicated to the City. No additional dedication is due with this phase. 11. Prior to recording the final plat: a) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. b) HOA documents or written confirmation that the homes will be covered under the HOA established for the previous phases of this development must be submitted to the City Attorney for review and approval. The HOA documents shall be reviewed and approved by staff prior to recording the plat. c) The applicant shall provide copies of the property owners association documents/covenants for City review and approval. A copy of the document shall be filed for recording with the final plat. d) The plans shall be revised to label all private utilities. Waters Edge 6th Addition 19 e) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. Landscaping f) The landscape plan shall be revised and reviewed and approved by staff. a. The landscape plan shall be revised to show proposed building foot prints, proposed grading. b. The landscape plan shall be revised to remove any landscaping that interferes with utilities or drainage. g) The final landscape plans must be submitted for review and approval by staff. 12. Prior to the issuance of building permits: a) The developer shall submit building elevations and a design palette including colors for siding, shake, shutters, shingles, brick, and stone for each of the buildings. No adjacent building shall have the same front elevation colors or architectural styles and the buildings shall have varied and interesting detailing. Each home shall utilize architectural accent features such as dormers, bay windows, arched windows, etc. b) Cross access and maintenance agreements as well as drainage and utility easements shall be recorded with the final plat for all private drives. c) A 12-foot trail easement shall be dedicated to the City as shown on plans dated April 22, 2019. d) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. e) The applicant shall submit three full sets of approved final plans to the City. Waters Edge 6th Addition 20 f) If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. 13. Prior to the issuance of Certificate of Occupancy: a. All improvement per the approved plans shall be installed. Waters Edge 6th Addition 21 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 $________. 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, which has been satisfied. 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 ten percent (10%) of the cost to grade the property, plus one hundred twenty-five percent (125%) of the estimated amount of the required roadway and utility improvements to be installed to serve the development. This amount has been calculated by the City’s Engineer to be $______. 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. Not applicable. This fees was paid with a previous phase of the development. 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 Plowing. Not applicable. The streets are private in the development. f) Sealcoating. Not applicable. The streets are private in the development. g) Park Dedication. Park Dedication for the plat was satisfied as part of a previous development approval, and no additional park dedication is required. h) Cul-de-sac Escrow. N/A i) Escrow for Street Signage. Not applicable. The streets are private in Waters Edge 6th Addition 22 the development. j) Sanitary Sewer Trunk Fee. The developer shall pay the City a sanitary sewer trunk fee at $1,632 per lot for the 37 residential lots within the plat with each building permit. The total amount is $60,384. k) Water Trunk Fee. The development shall pay the City water trunk fee at calculated to be $1,960 per lot for the 37 residential lots within the plat with each building permit. The total amount is $72,520. Waters Edge 6th Addition 23 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. Waters Edge 6th Addition 24 This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its Waters Edge 6th Addition 25 EXHIBIT E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Waters Edge 6th Addition 26 Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination of Single Limit Policy $1,000,000 or 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: Expiration Date: Insurance Company: (X) Any Auto Waters Edge 6th Addition 27 LIMITS: [Minimum] Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each person -OR- Combined Single Limit Policy: $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 on BY: Authorized Insurance Representative Waters Edge 6th Addition 28 EXHIBIT F MORTGAGEE CONSENT TO DEVELOPMENT AGREEMENT _______, a Minnesota banking corporation, which holds a mortgage on all or part of the subject property, the development of which is governed by the foregoing Development Agreement, affirms and consents to the provisions thereof and agrees that the foregoing Development Agreement shall remain in full force and effect even if it forecloses its mortgage(s). Dated the ____ day of __________, 20____. ____________ a Minnesota banking corporation By _____________ Its ____________ STATE OF MINNESOTA ) )SS COUNTY OF ____________ ) The foregoing instrument was acknowledged and sworn to before me this ____ day of ________________, 2019, by______________ the___________ of ____________Bank, a Minnesota banking corporation, on behalf of the banking corporation. __________________________________ Notary Public SHEET 1 OF 2 SHEETS WATERS EDGE SIXTH ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That Hugo Ventures LLC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Washington, State of Minnesota, to wit: Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17, Block 1, WATERS EDGE FOURTH ADDITION. Has caused the same to be surveyed and platted as WATERS EDGE SIXTH ADDITION and do hereby dedicate to the City of Hugo, for public use forever the easements as shown on this plat for drainage and utility purposes only. In witness whereof said Hugo Ventures LLC, has caused these presents to be signed by its proper officer this ______ day of __________________, 20____. HUGO VENTURES LLC ________________________________________________________ Fred Stelter, President State of Minnesota, County of ___________________ The foregoing instrument was acknowledged before me this ______ day of __________________, 20____ by Fred Stelter, President, of Hugo Ventures LLC., a Minnesota limited liability company, on behalf of the company. ____________________________________________ Signed ____________________________________________ Printed Notary Public, ______________________________ County, Minnesota My Commission expires: ________________________ I Lynn P. Caswell do hereby certify that this plat was prepared by me or under my direct supervision; that I 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 this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all wet lands and water boundaries, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this ________ day of ____________________, 20 ____. _______________________________________ Lynn P. Caswell, Licensed Land Surveyor Minnesota License No. 13057 State of Minnesota, County of ________________ The foregoing Surveyor's Certificate was acknowledged before me this ______ day of __________________, 20____ by Lynn P. Caswell, Land Surveyor, Minnesota License No. 13057. ____________________________________________ Signed ____________________________________________ Printed Notary Public, ______________________________ County, Minnesota My Commission expires: __________________________ CITY COUNCIL This plat was approved by the City Council of the City of Hugo, this ______ day of __________________, 20____, and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03. Subd. 2. _______________________________________,_______________________________________, Mayor Clerk COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statues, Section 505.021, Sudb. 11, this plat has been reviewed and approved this ______ day of __________________, 20____. By _______________________________________, By _____________________________________ Washington County Surveyor Deputy COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9 and Section 272.12, taxes payable in the year 20___ on real estate hereinbefore described, have been paid; and there are no delinquent taxes, and transfer was entered on this ______ day of __________________, 20____. By _______________________________________, By __________________________________________ Washington County Auditor/Treasurer Deputy COUNTY RECORDER I hereby certify that this instrument was recorded in the Office of the County Recorder for record on this ______ day of __________________, 20____, at ______ o'clock ______. M., and was duly recorded in the Washington County Records. By _______________________________________, By _______________________________________ Washington County Recorder Deputy DRAF T S38°38'05"W 359.54 N 5 3 ° 1 9 ' 4 2 " W 1 3 5 . 6 1N89°42'18"W32.04N89°42'18"W98.46S12°20' 4 9 " W 33.11 N87°44'09"W 985.80N00°17'42"E 506.98S89°42'19"E 97.67 S34°16 '30 "E 199 .90 S02°44'11"W 16.38 S25°43'29"W162.0018 7 . 3 492.98N00°17'42"EN23°31'00"W114.23S00°17'42"W 257.12N87°43'32"W33.02S76°4 6 ' 4 8 " E 80.88 S 4 6 ° 3 6 ' 3 4 " E 3 1 5 . 2 0 S55° 4 3' 3 0" W 87.5 0 93.77S17°53'08"WN34°16'30" W 31.25 N55°43'30" E 40.86 S00°17'42"W 1714.95West Line of Lot 17, Block 1,WATERS EDGE FOURTH ADDITION.N87°44'09"W 33.02S6 4 ° 1 6 ' 3 1 " E 6.48 S02°15'51"W 20 21 22 23 24 25 26 27 28 29 30 31 19 18 17 16 15 14 11 12 13 10 1 9 2 8 7 3 6 4 5 32 37 33 36 35 34 38 38 38 39 38 58.67N 5 1 ° 2 1 ' 5 5 "W 1 6 2 . 0 0 58.6758.67N 4 6 ° 3 6 ' 3 4 "W 1 6 2 . 0 058.67N 4 6 ° 3 6 ' 3 4 "W 1 6 2 . 0 0 N43°23'26"EN43°23'26"EN38°38'05"EN38°38'05"EN 5 1 ° 2 1 ' 5 5 "W 1 6 2 . 0 0 Drainage and Utility Easement over all of Lot 38. Edge of Delineated Wetland. Block 1 D r a i n a g e a n d U t i l i t y E a s e m e n t o v e r all o f L o t 3 9 . 60.00 N89°42'18"W 60.00 N89°42'18"W 60.00 N89°42'18"W 60.00 N89°42'18"W 60.00 N89°42'18"W 60.00 N89°42'18"W 60.00 N71°17' 4 4 " E 60.00N71°17' 4 4 " E 60.00 N58° 0 8' 2 5" E 60.00N58° 0 8' 2 5" E 60.00N45°12'26"E60.00N45°12'26"E60.00N36°40'18"E60.00N36°40'18"E60.00N36°40'18"E60.00N36°40'18"E60.00N36°40'18"E60.00N36°40'18"E60.00N36°40'18"E60.00N36°40'18"E60.00N36°40'18"E62.00N36°40'18"E62.00N36°40'18"E50 . 0 0 N5 3 ° 1 9 ' 4 2 " W 50 . 0 0 N5 3 ° 1 9 ' 4 2 " W 50 . 0 0 N5 3 ° 1 9 ' 4 2 " W 50 . 0 0 N5 3 ° 1 9 ' 4 2 " W 52 . 0 0 N5 3 ° 1 9 ' 4 2 " W 52 . 0 0 52 . 0 0 52 . 0 0 N 5 3 ° 1 9 ' 4 2 " W 50 . 0 0 N5 3 ° 1 9 ' 4 2 " W 50 . 0 0 52 . 0 0 52 . 0 0 N5 3 ° 1 9 ' 4 2 " W52.00N 4 4 ° 4 7 ' 3 4 "W 5 2 . 0 0 N 4 4 ° 4 7 ' 3 4 "W 5 2 . 0 0N3 1 ° 5 1 ' 3 5 "W 5 2 . 0 0N3 1 ° 5 1 ' 3 5 "W52.00N18°42'16"W52.00N18°42'16"W52.00N00°17'42"E52.0052.0052.00N00°17'42"E52.00N00°17'42"E52.0060.00N36°40'18"E60.00 N80°08'38"E 60.00N80°08'38"E 64.00 N80°08'38"E 64.00N80°08'38"E 64.00 N80°08'38"E 64.00N80°08'38"E 64.00N80°08'38"E 64.00 N80°08'38"E 64.00N80°08'38"E 64.00N80°08'38"E 64.00 N80°08'38"E 64.00 N80°08'38"E 57.0057.00N09°51'22"W54.0054.00N09°51'22"W62.00N09°51'22"W62.0062.0062.00N09°51'22"W52.00N09°51'22"W 181.0052.00N09°51'22"W52.0052.00N09°51'22"W10.21 5.00N00°17'42"E176.2123.62N12°10'38"W17.98N25°17'08 "W 1 7 . 8 2 N 3 8 ° 4 2 ' 5 5 "W 13.41 N56°02'31"W 5.00 N5 3 ° 1 9 ' 4 2 " W 2 2 1 . 0 0 7.25 N80°15'01"E 17.00N53°46'28" E10.675.005 5.00 5.00 N71°12' 4 1 " E 1 2 3. 2 4 N53°51'07" E 70.08 N81°49'42"E 68 . 0 3N09°51'22"W 178.005.00 5.00 5.00 5.00 60.00 N66°2 9' 0 0" E 60.00N66°2 9' 0 0" E 60.00 N66°29' 0 0" E 60.00N66°2 9' 0 0 " E62.00N23°31'00 "W62.0062.00N23°31'00 "W62.00 N 4 6 ° 3 8 ' 5 7 " W 5 5 . 5 5 5.00N23°31'00 "W 129 .00 34. 4 3N63 ° 0 4 ' 3 2 " W 62 . 0 0 N5 3 ° 1 9 ' 4 2 " W 2 0 5 . 0 0 62 . 0 0 N5 3 ° 1 9 ' 4 2 " W 62 . 0 0 N5 3 ° 1 9 ' 4 2 " W 62 . 0 0 64.00N36°40'18"E64.00N36°40'18"E64.00N36°40'18"E64.00N36°40'18"E62.00N36°40'18"E62.00N36°40'18"E60 . 0 0 N 5 3 ° 1 9 ' 4 2 " W 60 . 0 0 16.00 5.00 60. 0 0 N6 2 ° 0 0 ' 0 5 " W 60. 0 0N6 2 ° 0 0 ' 0 5 " W 60.00N27°59'55"E60.00N27°59'55"E16.50 N86°47'12"E 50 . 0 0 58 . 0 0 N 5 1 ° 2 1 ' 5 5 " W 1 6 8 . 0 0 50 . 0 0 58 . 0 0 N 5 1 ° 2 1 ' 5 5 " W 50 . 0 0 N 5 1 ° 2 1 ' 5 5 " W60.00N38°38'05"E60.00N38°38'05"E60.00N38°38'05"E60.00N38°38'05"EN38°38'05"E 78.00N38°38'05"E 63.0035 . 0 0 N 5 1 ° 2 1 ' 5 5 " W 21.21 N83°38'05"E 5.00 5.00 55.40 N73°24'4 9 " E 5 DRAINAGE ANDUTILITY EASEMENT50 . 0 0 50 . 0 0 50 . 0 0 N 5 1 ° 2 1 ' 5 5 " W 50 . 0 0 N 5 1 ° 2 1 ' 5 5 " W 50 . 0 0 N 5 1 ° 2 1 ' 5 5 " W 62 . 0 0 N 5 1 ° 2 1 ' 5 5 " W 62 . 0 0 N 5 1 ° 2 1 ' 5 5 " W 2 2 7 . 0 0 50 . 0 0 62.00N28°11 '09 "W62.00N28°11'09 "W 62.00N61°4 8' 5 1" E 62.00 N61°4 8' 5 1" E60.00N38°38'05"E60.00N38°38'05"E60.00N38°38'05"E60.00N38°38'05"E60.00N38°38'05"E60.00N38°38'05"E60.00N38°38'05"E60.00N38°38'05"E5.00 5.00 5.00N25°23'39"E 69.864.10N71° 0 6 ' 2 9 " W 62.00N43°23'26"E62.00N43°23'26"E62.00N43°23'26"E62.00N43°23'26"E62.00N43°23'26"E62.00N43°23'26"E5 0 . 0 0 5 0 . 0 0 N 4 6 ° 3 6 ' 3 4 " W 1 6 0 . 0 0 5 0 . 0 0 5 0 . 0 0 N 4 6 ° 3 6 ' 3 4 " W 5 0 . 0 0 N 4 6 ° 3 6 ' 3 4 " W 5 0 . 0 0 N 4 6 ° 3 6 ' 3 4 " W 5.00 5.00 42.47 N87°37'56"E 29 . 0 4 N5 4 ° 2 5 ' 4 4 " W 86 . 0 0 62 . 0 0 5.00 N 5 1 ° 2 1 ' 5 5 " W 1 5 3 . 0 0 60.00N38°38'05"E68 . 0 0 N 5 1 ° 2 1 ' 5 5 " W 62 . 0 0 N 5 1 ° 2 1 ' 5 5 " W60.00N38°38'05"E60.00N38°38'05"E32.00N38°38'05"E28.00N38°38'05"E18.00S51°21'55"E35.74N20°42'24"EN 5 1 ° 2 1 ' 5 5 " W 2 1 1 . 5 0 N 4 6 ° 3 6 ' 3 4 " W 1 0 9 . 2 8 17.11 N34°16'30"W Δ = 1 2 ° 2 0 ' 0 4 " R = 2 0 0 . 0 0 L = 4 3 . 0 6 Δ = 4 ° 4 5'2 1" R = 2 0 0.0 0 L = 16.6 0 44455D R A I N A G E A N D U T I L I T Y E A S E M E N T SHEET 2 OF 2 SHEETS WATERS EDGE SIXTH ADDITION DRAF T Received April 23, 2019 City of Hugo Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 x x Received March 18, 2019 20 21 22 23 24 25 26 27 28 29 30 11 12 13 10 1 9 2 8 7 3 4 5 37 33 36 35 34 38 38 38 3938 3831 6 15 14 17 16 18 19 32 Fred Stelterwww.landform.net580 Dodge Ave., Suite 15 Elk River, Minnesota 55330(763) 441-207231 20 21 22 23 24 25 26 27 28 29 30 11 12 13 10 1 9 2 8 7 3 4 5 37 33 36 35 34 38 38 38 39 38 3831 6 15 14 17 16 18 19 32 Fred Stelterwww.landform.net580 Dodge Ave., Suite 15 Elk River, Minnesota 55330(763) 441-207231 20 21 22 23 24 25 26 27 28 29 30 11 12 13 10 1 9 2 8 7 3 4 5 37 33 36 35 34 38 38 38 39 38 3831 6 15 14 17 16 18 19 32 CB3 CBMH1 CB2 CBMH4 CB5 MH1 MH2 MH3 MH5 MH4 MH10 MH14 MH12 MH8 MH7 MH6 MH15 MH13 MH11 MH9 MH14A Fred Stelterwww.landform.net580 Dodge Ave., Suite 15 Elk River, Minnesota 55330(763) 441-2072Storm Sewer Structure Rim Invert Structure Size Pipe Grade Pipe Length (To Downstream Structure) 1 922.5 917.46 48” 0.28%105 LF (To Existing) 2 920.5 917.56 27” 0.28%30 LF 3 920.5 917.65 27” 0.28%75 LF 4 921.8 916.90 48” 0.28%75 LF (To Existing) 5 921.8 917.23 27” 0.28%118 LF Sanitary Sewer Structure Rim Invert Pipe Length to Upstream Manhole/Cleanout; Grade = 1.0% 1 923.0 918.9 43 LF to MH2 2 922.5 919.38 164 LF to End 3 923.0 918.9 144 LF to End 4 924.7 919.2 160 LF to End, 58LF to End 5 925.0 919.7 156 LF to End 6 924.7 916.1 33 LF to Manhole 7; 60' to Manhole 8 7 924.2 916.5 175 LF to End 8 924.2 916.9 175 LF to End 9 922.5 914.4 144 LF to End 10 922.5 915.0 132 LF to End 11 922.0 915.0 138 LF to End 12 923.0 916.5 115 LF to End 13 924.5 916.35 138 LF to End, 20LF to End 14 924.8 916.45 120 LF to Manhole 14A 14A 924.8 916.50 12 LF to End 15 924.5 914.7 170 LF to End Sewer & Water Removal(s) Service Group Lots Served Sewer (6")Water (4") 1 1,2 35 38 2 3,4,5 12 15 3 6 45 44 4 7,8,9,10 33 36 5 11,12,13 25 28 6 14,15 22 25 7 16,17 33 36 8 18,19 22 25 9 20,21,22 25 28 10 23,24,25 36 40 11 26,27,28 26 23 12 29,30,31 42 44 13 -17 17 14 32,33,34,14 17 35,36,37 Sewer & Water Required Service 6"x4" Wye,2"x1" Tee Corporation Curbstop Group Lots Served Bend, Plug (w/Plug) 2" / 1" (w/Box) 1 1,2 2 2(1) 1/- 2 2 3,4,5 3 3(1) 1/- 3 3 6 1 --/1 (See Note 12,13) 1 4 7,8,9,10 4 4(2) 1/- 4 5 11,12,13 2 3(1) 1/- 3 6 14,15 2 2(1) 1/- 2 7 16,17 1 2(1) 1/- 2 8 18,19 2 2(1) 1/- 2 9 20,21,22 3 3(1) 1/- 3 10 23,24,25 3 3(2) 1/1 3 11 26,27,28 3 2(1) 1/1 3 12 29,30,31 2 2(1) 1/1 3 13 --(See Notes 12 & 13) - 14 32,33,34,6 6(2) 1/- 6 35,36,37 Fred Stelter4. IN THOSE AREAS WHERE WOODFIBER BLANKET OR OTHER SLOPE STABILIZATION METHOD HAS FAILED, THE SLOPE SHALL BE RE-ESTABLISHED, SEED AND TOPSOIL REPLACED, AND ADDITIONAL SLOPE TREATMENT INSTALLED. VICINITY MAP www.landform.net580 Dodge Ave., Suite 15 Elk River, Minnesota 55330(763) 441-2072 20 21 22 23 24 25 26 27 28 29 30 11 12 13 10 1 9 2 8 7 3 4 5 37 33 36 35 34 38 38 38 39 38 3831 6 15 14 17 16 18 19 32 Fred Stelterwww.landform.net580 Dodge Ave., Suite 15 Elk River, Minnesota 55330(763) 441-207231 Fred Stelterwww.landform.net580 Dodge Ave., Suite 15 Elk River, Minnesota 55330(763) 441-2072 Fred Stelterwww.landform.net580 Dodge Ave., Suite 15 Elk River, Minnesota 55330(763) 441-2072 Fred Stelterwww.landform.net580 Dodge Ave., Suite 15 Elk River, Minnesota 55330(763) 441-2072 Fred Stelterwww.landform.net580 Dodge Ave., Suite 15 Elk River, Minnesota 55330(763) 441-2072 1455 ML SQ FT 972 UL SQ FT 2427 TF SQ FT 70 MECH SQ FT 2497 GT SQ FT 422 GARAGE SQ FT PLAN# - KC1913 HUGO VILLAS KC CUSTOM HOME DESIGN, INC. PO Box 711 Buffalo, MN 55313 Phone: 612.518.2118 KC Custom Home Design, Inc. expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of KC Custom Home Design, Inc. In the event of unauthorized use of these plans by a third party, the third party shall hold KC Custom Home Design, Inc. harmless. ã2019 KC Custom Home Design, Inc. 1455 ML SQ FT 972 UL SQ FT 2427 TF SQ FT 70 MECH SQ FT 2497 GT SQ FT 422 GARAGE SQ FT PLAN# - KC1913 HUGO VILLAS KC CUSTOM HOME DESIGN, INC. PO Box 711 Buffalo, MN 55313 Phone: 612.518.2118 KC Custom Home Design, Inc. expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of KC Custom Home Design, Inc. In the event of unauthorized use of these plans by a third party, the third party shall hold KC Custom Home Design, Inc. harmless. ã2019 KC Custom Home Design, Inc. 1455 ML SQ FT 972 UL SQ FT 2427 TF SQ FT 70 MECH SQ FT 2497 GT SQ FT 422 GARAGE SQ FT PLAN# - KC1913 HUGO VILLAS KC CUSTOM HOME DESIGN, INC. PO Box 711 Buffalo, MN 55313 Phone: 612.518.2118 KC Custom Home Design, Inc. expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of KC Custom Home Design, Inc. In the event of unauthorized use of these plans by a third party, the third party shall hold KC Custom Home Design, Inc. harmless. ã2019 KC Custom Home Design, Inc. 1455 ML SQ FT 972 UL SQ FT 2427 TF SQ FT 70 MECH SQ FT 2497 GT SQ FT 422 GARAGE SQ FT PLAN# - KC1913 HUGO VILLAS KC CUSTOM HOME DESIGN, INC. PO Box 711 Buffalo, MN 55313 Phone: 612.518.2118 KC Custom Home Design, Inc. expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of KC Custom Home Design, Inc. In the event of unauthorized use of these plans by a third party, the third party shall hold KC Custom Home Design, Inc. harmless. ã2019 KC Custom Home Design, Inc. 1455 ML SQ FT 972 UL SQ FT 2427 TF SQ FT 70 MECH SQ FT 2497 GT SQ FT 422 GARAGE SQ FT PLAN# - KC1913 HUGO VILLAS KC CUSTOM HOME DESIGN, INC. PO Box 711 Buffalo, MN 55313 Phone: 612.518.2118 KC Custom Home Design, Inc. expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of KC Custom Home Design, Inc. In the event of unauthorized use of these plans by a third party, the third party shall hold KC Custom Home Design, Inc. harmless. ã2019 KC Custom Home Design, Inc. 1455 ML SQ FT 972 UL SQ FT 2427 TF SQ FT 70 MECH SQ FT 2497 GT SQ FT 422 GARAGE SQ FT PLAN# - KC1913 HUGO VILLAS KC CUSTOM HOME DESIGN, INC. PO Box 711 Buffalo, MN 55313 Phone: 612.518.2118 KC Custom Home Design, Inc. expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of KC Custom Home Design, Inc. In the event of unauthorized use of these plans by a third party, the third party shall hold KC Custom Home Design, Inc. harmless. ã2019 KC Custom Home Design, Inc. 1455 ML SQ FT 972 UL SQ FT 2427 TF SQ FT 70 MECH SQ FT 2497 GT SQ FT 422 GARAGE SQ FT PLAN# - KC1913 HUGO VILLAS KC CUSTOM HOME DESIGN, INC. PO Box 711 Buffalo, MN 55313 Phone: 612.518.2118 KC Custom Home Design, Inc. expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of KC Custom Home Design, Inc. In the event of unauthorized use of these plans by a third party, the third party shall hold KC Custom Home Design, Inc. harmless. ã2019 KC Custom Home Design, Inc. 1455 ML SQ FT 972 UL SQ FT 2427 TF SQ FT 70 MECH SQ FT 2497 GT SQ FT 422 GARAGE SQ FT PLAN# - KC1913 HUGO VILLAS KC CUSTOM HOME DESIGN, INC. PO Box 711 Buffalo, MN 55313 Phone: 612.518.2118 KC Custom Home Design, Inc. expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of KC Custom Home Design, Inc. In the event of unauthorized use of these plans by a third party, the third party shall hold KC Custom Home Design, Inc. harmless. ã2019 KC Custom Home Design, Inc. 1455 ML SQ FT 972 UL SQ FT 2427 TF SQ FT 70 MECH SQ FT 2497 GT SQ FT 422 GARAGE SQ FT PLAN# - KC1913 HUGO VILLAS KC CUSTOM HOME DESIGN, INC. PO Box 711 Buffalo, MN 55313 Phone: 612.518.2118 KC Custom Home Design, Inc. expressly reserves its common law copyright and other property rights in these plans. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of KC Custom Home Design, Inc. In the event of unauthorized use of these plans by a third party, the third party shall hold KC Custom Home Design, Inc. harmless. ã2019 KC Custom Home Design, Inc. Agenda Number G.5 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: OP5 Adelaide, LLC (Excelsior Group). Adelaide Landing 4th Addition Final Plat and Development Agreement DATE: May 29, 2019, for the City Council Meeting of June 3, 2019 1. PROPOSED MOTION: Move to approve the resolution approving the Final Plat for Adelaide Landing 4th Addition. Approval of the Final Plat requires a 3/5 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of a final plat in order to plat 20 lots and 2 outlot on a parcel located east of Highway 61 and north of 130th Street, which will develop a small portion of Outlot B Adelaide Landing. The site is currently vacant. 3. BACKGROUND: The City Council reviewed the preliminary plat and PUD for Adelaide Landing at its May 1 , 2017 meeting. At its October 2, 2017, meeting the City Council approved the final plat for the first phase of the development consisting of 81 residential lots. At its May 7, 2018, meeting the City Council approved the final plat for Adelaide Landing 2nd Addition consisting of 70 residential lots. At its January 4, 2019, meeting the City Council approved the final Plat for Adelaide Landing 3rd Addition consisting of 22 residential lots. At its May 6, 2019, meeting the City Council approved a PUD Amendment for the project to add 5 residential lots and to revised the 70 foot wide lots to 65 foot wide lots. This final plat request will plat 20 additional lots from the Adelaide Landing preliminary plat. The lots meet the minimum lot standards and requirements outlined in the regulations for the Adelaide Landing PUD. The park dedication requirement will be met by fee for a total of $22,560 ($1,128 per unit). The park dedication fee is reduced to accommodate for a portion of the land being dedicate with this plat and the forth phase. The developer has been meeting with the Parks Commission about further reducing the park dedication fee in exchange for improvements to the park. The developer Adelaide Landing 3rd Addition Final Plat and Development Agreement Page 2 has discussed installing the parking lots that are proposed with the preliminary plat and PUD. Discussions with the Parks Commission have been happening over the last few months. The Parks Commission made a recommendation for approval of a park layout and the details of the improvements proposed by the developer and plans will be finalized soon. The Parks Commission’s CIP includes $350,000 for park improvements in the Adelaide Landing development this year. The improvements will include parking lots, playground equipment, a park shelter, and other associated park elements. 4. RECOMMENDATION: Staff recommends approval the resolution approving the Final Plat and Development Agreement for Adelaide Landing 4th Addition. ATTACHMENTS: a) Location Map b) Resolution Approving the Final Plat c) Engineer’s Memo dated May 30, 2019 d) Draft Development Agreement e) Phasing Plan dated March 29, 2019 f) Final Plat Graphics stamp dated March 29, 2019 g) Landscape Plan dated May 23, 2017, and revised plan sheet dated April 11, 2018 h) Final Plat Construction Plans a. Grading: dated October 2, 2018 and revised April 22, 2019 b. Utilities and Streets: dated March 25, 2019 130th Street NorthForest Boulevard NorthF l a y Ro a d No rt h 135th Street North Fondant Trail North130th Way NorthFenway Boulevard NorthFiona Avenue North126th Street North 138th Street North Ferrara Avenue North125th Lane North 128th Street North 129th Drive North 130th Lane North Fenway Avenue NorthFiona Road North129th Street North134th Street North13 1s t S t r e e t N o r t h Freeland Court North Foxhill Avenue North135th Court NorthFiona Circle North Ade laide Landing PUD Ame ndment Hugo, MN Roads Hugo Border Parcel Boundary ¯0 667Feet1 in = 667 feet Document Path: S:\Mapping\Emily\LocationSite Maps\Adelaide Landing PUD Amendmen.mxdSite RESOLUTION 2019-____ APPROVING A FINAL PLAT AND DEVLEOPMENT AGREEMENT FOR OP5 ADELAIDE, LLC FOR ADELAIDE LANDING 4th ADDITION WHEREAS, OP5 Adelaide, LLC, has requested approval of a final plat for the property legally described as follows: Outlot B, Adelaide Landing 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 May 1, 2017. NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by OP5 Adelaide, LLC, for a final plat, subject to the following conditions: 1. The final plat is approved to allow the creation of 20 single family lots and 2 outlot, in accordance with the plans and application received by the City on March 29, 2019, except as amended by this resolution. 2. The development shall substantially compl y with all plans and conditions of the PUD and preliminary plat approval granted by the City on May 1, 2017 and PUD Amendment on May 6, 2019. 3. Development standards shall comply with Resolution 2017-10, 2017-11, and 2019-21, as amended. 4. The developer shall comply with all conditions outlined in the City Engineer’s memo dated May 30, 2019, and revisions required in “redlined” comments from the City Engineer. 5. Outlot use and ownership: a) Outlot A is proposed for stormwater management, wetland, and a portion of a City park, and shall be deeded to the City at the time the plat is recorded. b) Outlot B is proposed for future development of the site and will retain the ownership of the developer. 6. The developer shall design and install a stormwater re-use system for irrigation of the individual lots. Resolution 2019-__ Adelaide Landing 4th Final Plat and Development Agreement 7. The developer shall establish a property owners association for the development to own/operate/maintain common elements, landscaping, and the water re-use system. All landscaping within the right-of-way in the street islands is to be installed by the developer and maintained by the property owners association. The property owners association documents shall be reviewed and approved by staff prior to recording the plat. 8. The plat shall comply with the City’s street naming system. 9. 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. 10. 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. 11. Staff will continue to work with the applicant on the street lighting plan. Exact locations of the street lights shall be reviewed and approved by staff prior to installation. 12. The developer shall obtain all necessary local, state, and federal permits. 13. Prior to recording the final plat: a) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City and other agencies. b) The developer shall pay $22,560 ($1,128 per unit) in full to satisfy the required cash in lieu of parkland dedication requirement. The applicant will continue to discuss with staff and the Parks Commission improvements to the park that may reduce the required park dedication fee for the development. c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. d) The developer shall obtain approval from Xcel Energy on the crossing of the powerline easement. e) The developer shall obtain approval from Koch on the crossing of the gas line easement. f) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. g) The street names shall be included on all sheets of the final plat. h) The grading plan shall be revised to exclude grading that is shown along the eastern portion of the plat. Additional information is required for that are in regards to ensuring that no additional drainage goes onto neighboring property. Resolution 2019-__ Adelaide Landing 4th Final Plat and Development Agreement Landscaping and Lighting i) The landscape plan shall be revised to show tree preservation on the northeast portion of the plat. j) The final landscape plans must be submitted for review and approval by staff. Signage k) Final design of the entrance signage for the development shall be reviewed and approved by staff. l) The property owners association shall be responsible for maintenance of all development signage and landscaping within the outlots, common space, and the 130th Street roundabout. 14. Prior to the issuance of building permits: a) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. b) The applicant shall submit three full sets of approved final plans to the City. c) If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. ADOPTED by the City Council on June 3rd, 2019. ___________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk S:\Users\R_Juba\Rachel\DEVELOPMENT PROJECTS\Arcand South\Adelaide Landing\Adelaide Landing 4th Add Final Plat\Engineers Memo Adelaide Landing 4rd FP - 053019.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM May 30, 2019 Ms. Rachel Juba City Planner City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Final Plat Review Adelaide Landing 4rd Addition WSB Project No. 013856-000 Dear Ms. Juba: We have reviewed the final plat submittal for the above-referenced project. In particular, we have reviewed the following plans related to this particular request: • Construction Plans for Sanitary Sewer, Watermain, Storm Sewer, and Streets dated 03/25/19 by Westwood Professional Services • Storm Sewer Design dated 03/07/2019 by Westwood Professional Services • Adelaide Landing 4th Addition and Phase 2 Grading, Drainage, and Erosion Control Plans dated 04/22/19 • Adelaide 4th Addition Plat • Revised Phasing Plan dated 03/29/2019 Based on the review of the final plat documents, we offer the following comments related to this application: Final Plat 1. The final plat is consistent with the preliminary plat documents, and the appropriate drainage/utility easements have been provided within the plat area itself. 2. Drainage and Utility easements shall be placed over all the outlots. Development Agreement 3. There are a 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. Grading, Street, and Utility Plans 4. The Approved grading plan allows for the continuation of mass grading outside of the first, second, and third phases. The grading plan reflects the first, second, third and fourth phase boundaries as well as future phases. Grading to the eastern property limits in the southeastern portion of the site has not yet been approved. The development team is required to provide additional survey and confirmation that there will not be any drainage Ms. Rachel Juba May 30, 2019 Page 2 S:\Users\R_Juba\Rachel\DEVELOPMENT PROJECTS\Arcand South\Adelaide Landing\Adelaide Landing 4th Add Final Plat\Engineers Memo Adelaide Landing 4rd FP - 053019.docx concerns caused by proposed grading. The grading in the northeast portion of the site has been revised to accommodate some tree preservation requests. Wetland 5. Appropriate permitting has been acquired. Revised Water Reuse Plan 6. The applicant has provided plans related to stormwater reuse that will be incorporated into this phase. Water reuse plans are consistent with meeting previously noted requirements. Thank you for the opportunity to provide comments on this project. Additional detailed red-lined comments have been provided to the applicant’s engineer. These comments will need to be addressed prior to approval of the construction plans. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB & Associates, Inc. Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Stephanie Hatten, Water Resource Engineer (email only) Steph Griffin, Excelsior Group (email only) John Bender, Westwood Professional Services (email only) Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Adelaide Landing 4th Addition THIS AGREEMENT, made and entered into this _____ day of _______________, 20___ by and between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and OP5 Adelaide, LLC, a Minnesota Limited Liability Company, (hereinafter referred to as "Developer"). WITNESS: Adelaide Landing 4th Addition 2 WHEREAS, the City Council of the City has, by Resolution Number 2017-11 on May 1, 2017, approved the preliminary plat for a major subdivision as proposed by the Developer to be known as "Adelaide Landing" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2017-10 on May 1, 2017, approved the PUD general plan for a major subdivision as proposed by the Developer to be known as " Adelaide Landing " ; and, WHEREAS, the City Council of the City has, by Resolution Number 2019-21 on Mary 6, 2019, approved a PUD amendment for the major subdivision; and WHEREAS, the City Council of the City has, by Resolution Number 2019-___ on June 3, 2019, approved the final plat for a major subdivision as proposed by the Developer to be known as " Adelaide Landing 4th Addition " (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 80 acre parcel of land into 20residential lots and 2 outlots; 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 City 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 Adelaide Landing 4th Addition 3 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. 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 lots 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. Adelaide Landing 4th Addition 4 d) Private Utilities: All private utilities that are installed, including 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 activity, 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 -Plat 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 Plat, and any repairs necessary as a result of said inspection are complete and written approval issued. 6. Project 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 Adelaide Landing 4th Addition 5 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 Drawing 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 (f) All horizontal and vertical curve data in the appropriate location on the Adelaide Landing 4th Addition 6 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 for the applicable lot or the Developer is released from its obligation under this Agreement as outlined in paragraph 7 above. 10. Signs. 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. 11. Drainage Easements. Adelaide Landing 4th Addition 7 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 Signage: 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 landscaping installed within the Plat shall be maintained by the Developer and its successors, including all individual homeowners or the homeowners association which is required to be formed by the Developer pursuant to the agreement. Adelaide Landing 4th Addition 8 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 25B, 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 REQUIREMENTS: 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. Miscellaneous 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 phase of the Adelaide Landing preliminary plat, have been submitted to the City Council within one Adelaide Landing 4th Addition 9 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 Plat, 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, authorized builders, 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 1. 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. 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 Adelaide Landing 4th Addition 10 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. l) 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. Adelaide Landing 4th Addition 11 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: 1. 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: 1. The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, 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. Adelaide Landing 4th Addition 12 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 may be 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. 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 Adelaide Landing 4th Addition 13 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 of this Agreement 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. 6. 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. Adelaide Landing 4th Addition 14 City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2019, 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 Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Adelaide Landing 4th Addition 15 Developer OP5 Adelaide, LLC By________________________________ Benjamin Schmidt Its: Vice President STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 2019, before me, a Notary Public, within and for said County and State, personally appeared Benjamin Schmidt, to me personally known, who, by me duly sworn did say that he is the Vice President or OP5 Adelaide LLC, a Minnesota limited liability company, on behalf of said company. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Adelaide Landing 4th Addition 16 EXHIBIT A LIST OF DEVELOPMENT PLANS Sheet No. Plan Date Author 1-7 Final Plat Stamp dated December March 29, 2019 Recorded at Washington County Westwood Professional Services, LLC 1 Construction Plans- Cover Grading, Drainage, and Erosion Control Plan Use plan dates and revision dates on plan not the stamp date Westwood Professional Services, LLC 2 Overall Westwood Professional Services, LLC 3-11 Grading, Drainage, and Erosion Control Plan Westwood Professional Services, LLC 12-13 Street Profiles Westwood Professional Services, LLC 14-15 Details Westwood Professional Services, LLC 1 Construction Plans – Cove Sanitary Sewer, Water Mains, Storm Sewer, and Streets Westwood Professional Services, LLC 2 Overall Westwood Professional Services, LLC 3-6 Sanitary Sewer and Water Main Construction Plan Westwood Professional Services, LLC 7-10 Street and Storm Sewer Construction Plan Westwood Professional Services, LLC 11-12 Details Westwood Professional Services, LLC 1-4 Final Landscape Plan Westwood Professional Adelaide Landing 4th Addition 17 Services, LLC 1 Trail Plan Westwood Professional Services, LLC 1 Lighting Plan Westwood Professional Services, LLC 1-7 Water Re-Use Plan MTI Distributing Adelaide Landing 4th Addition 18 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the creation of 20 single family lots and 2 outlot, in accordance with the plans and application received by the City on March 29, 2019, 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 May 1, 2017 and PUD Amendment on May 6, 2019. 3. Development standards shall comply with Resolution 2017-10, 2017-11, and 2019-21, as amended. 4. The developer shall comply with all conditions outlined in the City Engineer’s memo dated May 30, 2019, and revisions required in “redlined” comments from the City Engineer. 5. Outlot use and ownership: a) Outlot A is proposed for stormwater management, wetland, and a portion of a City park, and shall be deeded to the City at the time the plat is recorded. b) Outlot B is proposed for future development of the site and will retain the ownership of the developer. 6. The developer shall design and install a stormwater re-use system for irrigation of the individual lots. 7. The developer shall establish a property owners association for the development to own/operate/maintain common elements, landscaping, and the water re-use system. All landscaping within the right-of-way in the street islands is to be installed by the developer and maintained by the property owners association. The property owners association documents shall be reviewed and approved by staff prior to recording the plat. Adelaide Landing 4th Addition 19 8. The plat shall comply with the City’s street naming system. 9. 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. 10. 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. 11. Staff will continue to work with the applicant on the street lighting plan. Exact locations of the street lights shall be reviewed and approved by staff prior to installation. 12. The developer shall obtain all necessary local, state, and federal permits. 13. Prior to recording the final plat: a) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. b) The developer shall pay $22,560 ($1,128 per unit) in full to satisfy the required cash in lieu of parkland dedication requirement. The applicant will continue to discuss with staff and the Parks Commission improvements to the park that may reduce the required park dedication fee for the development. c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. d) The developer shall obtain approval from Xcel Energy on the crossing of the powerline easement. e) The developer shall obtain approval from Koch on the crossing of the gas line easement. Adelaide Landing 4th Addition 20 f) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. g) The street names shall be included on all sheets of the final plat. h) The grading plan shall be revised to exclude grading that is shown along the eastern portion of the plat. Additional information is required for that are in regards to ensuring that no additional drainage goes onto neighboring property. Landscaping and Lighting i) The final landscape plans must be submitted for review and approval by staff. Signage j) Final design of the entrance signage for the development shall be reviewed and approved by staff. k) The property owners association shall be responsible for maintenance of all development signage and landscaping within the outlots, common space, and the 130th Street roundabout. 14. Prior to the issuance of building permits: a) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. b) The applicant shall submit three full sets of approved final plans to the City. c) If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. Adelaide Landing 4th Addition 21 EXHIBIT C ESCROWS, FEES AND CHARGES a) Escrow for City Costs and Fees. The Developer shall deposit sufficient escrow with the City as outlined in Section A. 1. The required beginning balance in the account is calculated at $19,825. 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. The 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%) of the estimated amount of the required Improvements. This amount has been calculated by the City Engineer to be $463,267. 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 ten percent (10%) of the original amount. The City shall have the right to retain the financial guarantee until the Imp rovements 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 $15,439. This sum is calculated to be $0.07 per square foot for the 232,160 square feet of net developable area within the Plat, with credit provided for the stormwater reuse/irrigation system based on the anticipated reduction in water demand. The reduction is calculated at 5%. This fee shall be paid before the Plat is signed by the City. d) Storm Water Ponding Fee. The storm water ponding requirement has been met by the Developer through the incorporation of on-site ponding. No storm water ponding fee will be applied. e) Snow Plowing. The Developer agrees to pay a one-time lump sum 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 $400 ($0.50 x 800 = $400). f) Sealcoating. The Developer shall post a one-time lump sum cash escrow with the City in the amount of $3,200 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 800 feet of streets within the Plat. g) Park Dedication. The Developer agrees to pay a park dedication fee of $1,128 per lot for residential development payable before the final plat is signed by the City. Adelaide Landing 4th Addition 22 Said fee shall be due for each of the 20 lots within the Plat (i.e. total due $22,560.00). h) Cul-de-sac Escrow. N/A i) Escrow for Street Signage. Developer shall deposit $0 into an escrow account with the City. This amount represents an estimated cost of $500/sign for 0 sign to be installed within the development. j) WCA Escrow. N/A k) Sanitary Sewer Trunk Fee. The Developer shall pay the City a sanitary sewer trunk fee in the amount of $32,640.00. This sum is calculated to be $1,632 per lot for the 20 residential lots within this phase. l) Water Trunk Fee. The Developer shall pay the City water trunk fee in the amount of $23,520.00. 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 20 lots in the plat. Adelaide Landing 4th Addition 23 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 ________________, 20__, 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. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than Adelaide Landing 4th Addition 24 one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its Adelaide Landing 4th Addition 25 EXHIBIT E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: Adelaide Landing 4th Addition 26 $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination of Single Limit Policy $1,000,000 or 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: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Adelaide Landing 4th Addition 27 Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each person -OR- Combined Single Limit Policy: $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 on BY: Authorized Insurance Representative Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Agenda Number __G.6__ CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Kendra Lindahl, Landform through Rachel Juba, Community Development Director SUBJECT: Classic Construction, Inc. Request for Site Plan and Conditional Use Permit for Apple Academy (PID 29-031-21-22-0008, 29-031-21-22-0006) (City File 19-011) DATE: May 30, 2019 for the City Council Meeting on June 3, 2019 REVIEW DEADLINE: July 22, 2019 1.DESCRIPTION OF REQUEST: The applicant is requesting approval of a site plan and conditional use permit to allow construction of a 9,948 square foot daycare facility on the property. The two properties will be combined at Washington County to create one parcel for the daycare facility. The applicant is also seeking approval of an easement vacation. The easement vacation is scheduled for a public hearing at the June 3rd Council meeting. 2.PLANNING COMMISSION REVIEW: The Planning Commission reviewed the Site Plan and Conditional Use Permit at a public hearing at their May 23, 2019 meeting. Other than the applicant, there was no one present to speak on this item. The Commission voted unanimously to recommend approval. 3.CONTEXT: A.Surrounding Land Use and Zoning The property is guided Commercial (COM) and zoned General Business (C-2). The properties to the north and south are guided Commercial and zoned General Business (C-2). The property to the east is guided Medium Density Residential and zoned Low Density Multiple Family Residential (R-4). The property to west, across Highway 61, is guided Industrial (IND) and zoned General Industrial (I-3). Apple Academy Page 2 B. Existing Site Characteristics Most of the site exists in a natural state with no development having taken place. The site is primarily covered with grasses, some small trees, and several tall tall trees. The site does not consist of any wetlands. South of the site is a gravel road that serves two single-family residences to the east. The applicant provided an ALTA land survey. The survey indicated that the area is classified as Zone X, areas determined to be outside the 0.2% annual chance floodplain, by FEMA. C. Background In 2018, the parcel directly north of the site was approved for development as TGK Automotive Specialists, an 11,270 square foot motor vehicle repair garage and associated office space and parking. The site plan included an infiltration basin along the southern portion of the parcel. Access to TGK Automotive Specialists was provided via a drive connection to U.S. Highway 61 (Forest Boulevard N.). As part of their approvals, they did show how future access would be provided to serve the properties to the south. 3. ANALYSIS: A. Level of City Discretion in Decision-Making The City’s discretion in approving or denying a site plan is limited to whether or not the proposed request meets the standards outlined in the City Code. If it meets these standards, the City must approve the site plan. The City’s discretion in approving or denying a conditional use permit is limited to whether the proposed request meets the conditions founds in the City Code. If it meets these standards, the City must approve the conditional use. The Planning Commission may recommend, and the City Council may place restrictions, conditions and requirements on a conditional use permit to protect the health, safety, and welfare of the community. B. Consistency with Ordinance Standards Site Plan The applicant is requesting site plan approval to construct a 9,948 square foot daycare facility and associated parking on the property, as well as stormwater ponding and a playground area. The daycare facility will operate from 6:00am to 6:00pm daily and is expected to serve 143 children with 25 staff members. The two properties will be combined at Washington County to create one parcel for the daycare facility. Lot Standards The site is in the C-2 General Business district. Daycare facilities are a conditional use in the C-2 General Business district. The development must comply with the C-2 District standards as noted below: Apple Academy Page 3 Building Architecture All commercial and industrial development is required to comply with the City of Hugo Commercial and Industrial Design Guidelines approved August 1, 2011. The general intent of the design guidelines is to improve the overall quality of development, to encourage unified development, and to ensure the compatibility of development with surrounding land uses. The applicant has provided architectural elevations of all principal and accessory buildings and a material sample board to show the type, color, and materials used in all proposed external surfaces. As proposed, the development generally meets the commercial design guidelines: • Four-sided design: Buildings are required to be designed in a manner where they look like the same building on all sides. The applicant is proposing a building that has been designed in a manner so that all sides of the building look generally the C-2 district standard Request/Proposed Compliance Minimum lot size 20,000 square feet 92,083 square feet Complies Minimum lot width 100 feet 157 +/- feet Complies Minimum lot depth 250 feet 400 feet Complies Minimum front yard building setback 30 feet 194 +/- feet Complies Minimum side yard building setback 30 feet 30 feet/32 feet Complies Minimum rear yard building setback 30 feet 146 feet Complies Maximum building height 35 feet 25 feet Complies Maximum lot area to be covered by buildings 35% 10.8% Complies Maximum lot area to be covered by impervious surface 80% 35.8% Complies Minimum building size of principal building 2,000 square feet 9,948 square feet Complies Apple Academy Page 4 same. There are no unfinished sides. Each elevation contains doors, windows, and gables. Additionally, material treatments are applied to all four sides equally. • Building entrances: building entrances are required to be are clearly defined and visible. The applicant has proposed a building entrance that is the focal point of the building. The building entrance projects further outward than the primary façade and includes additional architectural elements and decorative lighting. • Building materials and design: Buildings are required to be constructed of high- quality materials and a variation of building materials and accent materials are to be used. The applicant is proposing to use two primary materials on the building: engineered wood siding and a cultured stone veneer. Proposed elevations show the cultured stone veneer in natural colors as a horizontal band on the lowest two-and-a-half feet of façade. Above the stone veneer, a medium brown engineered wood siding is proposed in a traditional lap style. The traditional lap style extends the entire vertical distance of the building windows. Above the medium brown engineered wood siding, a dark brown band of engineered wood siding is proposed. The siding in this band is proposed as a “shake” style. Between each horizontal band of material proposed on the building façade is a thin band of white engineered wood siding. The wood banding also frames the windows. An engineered wood siding is proposed in a fourth color, a cream, in a vertical band style, inset into proposed roof dormers on all four building facades. The colored elevations provided by the applicant do not match the material samples provided. As rendered, the materials appear to be lighter shades of browns and creams. Sample material shades were significantly darker. Staff met with the applicant on May 28th to discuss architectural changes. Staff has included a condition that the final building design and material palette be approved by staff prior to issuance of building permit. Fencing Section 90-220 of the City Code requires all exterior play areas for day care facilities to be surrounded by a minimum six- foot-tall fence. Further, all openings must be controlled by doors or gates, and the fence shall meet all yard setback requirements. The plans show a five-foot tall decorative metal fence. Plans must be revised to comply with the six-foot height minimum for fencing. Lighting The ordinance requires lighting to consist of cut-off fixtures and for light cast on adjacent property and roads not to exceed ½ foot candle measured at the property line or 1-foot candle measured at the street’s centerline. The developer has submitted a lighting plans with a mix of ground-mounted light poles and building lighting. The fixture shown in the northern parking lot island exceeds the ½ foot candle measurement at the north property line. Plans must be revised to show compliance with the ordinance. The applicant must also provide lighting fixture cut sheets and pole details to ensure cut-off fixture requirements are met. The maximum height of parking lot lighting adjacent to residential uses is 20 feet. It appears that the proposed pole lights are 27 feet tall. Staff recommends that all Apple Academy Page 5 freestanding lighting (parking lot and playground area) comply with the 20-foot maximum height regulation. Signage The applicant is proposing one freestanding monument sign and one wall sign. For single-tenant buildings, wall signs are permitted on the front, side or rear of the building, up to one wall sign per façade, if the façade contains a public entrance or is visible from a public road. The wall sign may cover a maximum of 10% of the gross wall area. The applicant is proposing approximately 31 square feet of wall signage on the primary façade above the building entrance. One monument sign is permitted for single-tenant commercial or industrial buildings, which are not part of a shopping center. The proposed monument sign is architecturally compatible with the proposed building and surrounded by a landscaped area. The monument sign appears to meet the size standards in the code. The applicant must apply for a sign permit with details ensuring compliance with all ordinance requirements. Staff will review the permit for compliance at that time. Parking Child care facilities are required to provide one parking space per each 250 square feet of gross floor area. For the proposed project, this results in 40 required parking spaces. The applicant is showing 40 parking stalls, which complies with the code. The applicant also provided proof of parking for an additional 15 parking stalls. The construction of the additional parking stall will require a site plan amendment. It is staff’s understanding that stormwater plans were calculated to accommodate future parking. A site plan modification would be required if the parking is constructed in the future. Landscaping Section 90-272 of the Hugo City code requires that all for commercial construction, all areas not covered by building, parking, driveways, or impervious storage areas shall be landscaped and maintained in accordance with Section 90-181. Section 90-181 outlines those landscaping requirements. All commercial development is also required to expend on landscaping an amount not less than one percent of the cost of improvements made as part of a development. The cost of landscaping for the daycare facility must be included in the development agreement. The developer must provide a copy of the landscaping cost estimate to city staff. The developer provided a landscape plan to outline compliance with city code. The table below shows the ordinance requirements and the proposed landscaping: Apple Academy Page 6 Submitted landscape plans show required screening shrubs and perennial plantings surrounding the trash enclosure and the AC compressor. The applicant is also proposing shrubs and perennial plantings around the base of the proposed monument signs as required. Remaining non-impervious portions of the site will be sodded, excluding the pond area which will be seeded as required. The applicant intends to install irrigation on the site. The applicant is required to submit an irrigation plan as part of the landscape plan package as a condition of approval. Any changes to the approved landscape plan must be submitted to City staff for review and approval. Mechanical Equipment Screening Section 90-272 of the City Code requires “All roof- and ground-mounted mechanical equipment shall be completely enclosed with building materials compatible with the principal structure and painted to blend in unobtrusively with their background”. The applicant is proposing all mechanical equipment to be located inside the structure aside from the AC compressor located on the north façade. The AC compressor is shown on plans as accessed through a doorway and screened with shrubs and perennial plantings. Wetlands There are no wetlands on site. Grading/Drainage The applicant is proposing to create a stormwater management pond and infiltration basin for stormwater management. The pond will drain north to the drainage basin on the TGK Automotive site. The applicant is also working with the City Engineer to address the outstanding issues on the stormwater management plan and stormwater maintenance agreements. The applicant will need to meet all City stormwater management requirements, including appropriate storage, rate control, treatment, and volume reduction. The applicant will also be required to apply with all conditions found within the May 15, 2019 memo from the City Engineer. Number of Trees Required Number of Trees Proposed Compliance Overstory Deciduous 13 13 Complies Coniferous 7 12 Complies Ornamental Tree 7 9 Complies Shrub 37 117 Complies Perennials NA 123 Complies Apple Academy Page 7 The applicant will need to apply for a MnDOT drainage permit to ensure that current drainage rates to MnDOT right-of-way will not be increased. The City will need to receive a copy of this permit in advance of any work taking place. Utilities The site is served by existing local utilities. The applicant is proposing to vacate a permanent utility easement that runs south to north through the site under the location of the proposed building. The existing sanitary sewer main will be removed and rerouted around the proposed building. A sanitary sewer service will be extended from the infrastructure located on the north side of the property with a 6-inch service extended into the site. As outlined in the Development Agreement, a letter of Credit will be required for the removal and relocation of the public sanitary sewer. Vehicular Access The subject site abuts U.S. Highway 61 to the west. The applicant will remove the existing gravel access onto Highway 61 from the property and will access their site through the TGK Automotive site. The developer is proposing a 24-foot wide drive connection from the subject site to the TGK property. Cross access agreements with the landowner of the TGK Automotive site will be required. Parcels A and B (the subject site) are separated from Parcel C by a strip of property with a private road easement. As part of the site plan review process, city staff asked the developer to clarify the development team’s intended process to obtain the right for Parcel C to cross the strip of property. Parcel C is not part of this application, however, Parcel C will not receive future access to U.S. Highway 61, so it is imperative that Parcel C enter into cross access agreements for across the gap of property, across the Apple Academy site and the TGK Automotive site. Additional access concerns were raised for the two residential properties directly to the east that are served by the gap of property and not deeded right-of-way. The City of Hugo requested that the applicant provide a title opinion for the three properties owned by Premier Bank (parcels A, B and C) and for the gravel road. The applicant provided exhibits that addressed access rights, noting that a 30-foot roadway easement was placed over the gravel road. A description of the private road easement was found within the deeds for both residential parcels. The City Engineer has reviewed the proposed access points for safety and visibility and finds them to be appropriately located. Trash Enclosures The trash and recycling enclosures are proposed to be constructed of materials to match the principal building and will be located on the southern border of the parking lot area and connected via sidewalks to the building. As proposed, the trash and recycling enclosure complies with ordinance requirements. Apple Academy Page 8 Sidewalks/Trails The developer has shown a sidewalk running parallel along the primary façade of the daycare facility. The sidewalk leads to the secondary building entrances on the north and south facades. Park Dedication and Open Space Commercial/Industrial property is exempt from Park Dedication. Conditional Use Permit The applicant is requesting a conditional use permit to construct a daycare facility that will serve 143 children with ages from six weeks to 12 years of age. Within the General Business District, daycare facilities are only allowed as a conditional use. Twelve findings are required for approval of a conditional use permit and the commission must find all the following: 1.The proposed use is permissible by law. The application complies. 2.The proposed use is in keeping with the spirit and intent of this chapter. The application complies. 3.The proposed use is compatible with the city's comprehensive plan, and the character of the surrounding area. The application complies. 4.The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities. The application complies. The site will connect to municipal water, electric, gas, and sewer. A stormwater detention pond is included in the stormwater management plan submitted to the city. 5.The proposed use has adequate road access and does not reduce the safety or capacity of the public road system. Road access shall be no lower than the regional flood elevation. The site is not allowed direct access to U.S. Highway 61. To guarantee highway access, the applicant is required to enter into cross access easement agreements as a condition for approval. 6.The technical evaluation of the floodplain, if required, accurately represents the conditions and boundaries of the floodplain area, as well as correctly represents the proposed use’s impact on the floodplain. The application complies. The use is not within a floodplain and no floodplain impacts are expected. 7.The proposed use may not create a danger that materials may be swept onto other lands, or downstream to the injury of others, or block bridges, culverts, or other hydraulic structures. The application complies. 8.The proposed use will not damage or reduce the benefits the public receives from public waters. Does not apply. 9.If located in the shoreland overlay district, the waterbody will be able to safely accommodate the number, type, and uses of the watercraft the project will generate. Does not apply. 10.If located in the shoreland overlay district, all structures and facilities are screened from view from public waters. Does not apply. Apple Academy Page 9 11. If the permit is to approve a wetlands replacement plan, the plan is in conformance with the rules of the state board of soil and water resources for such plans. Does not apply. 12. The applicant or operator shall obtain all necessary state and local permits for the conditional use. The applicant is required to obtain all necessary state and local permits as a condition of approval. 13. The proposed use is adequately buffered and screened from noncompatible land uses and public rights-of-way. The application complies. The use is appropriately sited and adequately buffered. C. Conclusions Staff has reviewed the site plan and conditional use permit for consistency with the applicable City standards and finds that the proposed project generally conforms. However, there are several outstanding issues that must be clarified, and conditions that must be met by the applicant to ensure compliance with City standards. Staff believes that these issues can be addressed through the conditions of approved as recommended in the attached resolutions. 4. RECOMMENDATION: Move to adopt the following resolution to approve “Apple Academy”, as recommended by the Planning Commission: a. Resolution Approving the Site Plan, Conditional Use Permit and Development Contract ATTACHMENTS: a. Resolution Approving the Site Plan and Conditional Use Permit b. Draft Development Agreement c. Engineer’s Memo dated May 30, 2019 d. Applicant’s Narrative dated March 29, 2019 e. Plan Set received on March 29, 2019 f. Civil Plan received on May 1, 2019 g. MnDOT letter dated May 8, 2019 RESOLUTION 2019 - ___ APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR CLASSIC CONSTRUCTION, INC. FOR “APPLE ACADEMY” ON 13845 FOREST BOULEVARD NORTH (PID 29-031-21-22-0008 AND 29-031-21-22-0006) WHEREAS, Classic Construction, Inc. has requested approval of a site plan and conditional use permit to allow construction of a daycare facility located at 13845 Forest Boulevard North on the property legally described as follows: (See Attached Exhibit A) WHEREAS, the Planning Commission has reviewed said site plan and conditional use permit at a duly called Public Hearing on May 23, 2019 and recommends approval subject to the conditions listed; 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 Classic Construction, Inc. for the site plan and conditional use permit, subject to the following conditions: 1. A site plan is approved to allow the construction of a 9,948-square foot daycare facility, in accordance with the architectural, civil and lighting plans received on March 29, 2019 and revised on April 26, 2019 and May 1, 2019 except as amended by this resolution. 2. The site plan approval is contingent upon approval of the requested easement vacation. 3. A site plan modification would be required if additional parking is constructed in the future. 4. A new site plan, landscape plan, and stormwater permit would be required if the playground is converted from sod to wood chips and AstroTurf. Staff must approve the new plans. 5. The development agreement must be executed. 6. The cost of landscaping for the daycare facility must be included in the development agreement. The developer must provide a copy of the landscaping cost estimate to city staff. 7. Development of Parcel C will be contingent upon providing cross access over the deeded private road easement between the Apple Academy site and Parcel C. 8. A complete set of revised plans addressing the conditions of approval shall be submitted for city approval. a. Fence height shall be revised to six feet. Resolution 2019-__ Page 2 b. A revised lighting plan to show compliance with the ordinance requirement that candle foot measure not exceed ½ candle foot at the property line. The applicant must also provide lighting fixture cut sheets and pole details to ensure cut-off fixture and pole height requirements are met. c. An irrigation plan must be provided. 9. The applicant must apply for a sign permit with details ensuring compliance with ordinance requirements. 10. Prior to issuance of building permits: a. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. b. A lot combination for Parcel A and Parcel B must be filed at Washington County. c. The proper drainage and utility easements must be dedicated over the lot after the easement vacation is approved. This must include a drainage and utility easement over the entire stormwater pond that connects to the existing storm water easement on the property directly north of the Parcel B. The proposed easement to access the stormwater system within the TGK site will be provided to the City. d. A street easement for the additional 39 feet of Highway 61 right-of-way must be dedicated over the lot and deeded to the City. e. No access will be allowed onto U.S. Highway 61 from the site or from Parcel C to the south. The applicant is responsible for ensuring that these sites are provided with access through cross access agreements. The following documents must be assembled and provided to the City of Hugo. i. Deed from the landowner to the City of Hugo for the Highway 61 street easement. ii. Cross access agreements between the affected property owners for access over the property to the north (Apple Academy and TGK Automotive). iii. Cross access agreements between the affected property owners for access over the project site (Apple Academy and Parcel C). f. Cross Access easements must be reviewed and approved by the City Attorney. Upon City approval, the applicant shall file these documents at Washington County. g. All easements must be provided in recordable form. h. Architectural elevations must comply with Commercial and Industrial Design Guidelines. i. All four façades of the structure must be treated equally and must contain doors, windows and the mix of materials shown by the applicant. ii. All façades must include a minimum of two materials: an engineered wood siding and a cultured stone veneer. The engineered wood siding must be applied to the façade in a variety of colors and style types (shake, traditional lap and board and batten). iii. The applicant will work with staff to finalize the design and color palette. Resolution 2019-__ Page 3 i.The applicant must comply with the conditions from Minnesota Department of Transportation letter dated May 8, 2019. j.The applicant shall comply with all conditions from the City Engineer’s memo dated May 15, 2019. k.The applicant shall obtain all necessary local, state, and federal permits. ADOPTED by the City Council this 3rd day of June, 2019. _____________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk Resolution 2019-__ Page 4 Exhibit A – Existing Legal Description Parcel A That part of the Northwest ¼ of the Northwest ¼ of Section 29, Township 31, Range 21, Washington County, Minnesota, described as follows: Commencing at the intersection of the South line of said tract and the East right-of-way State Trunk Highway No. 61 as now widened to 111 feet; thence Northerly along said highway right-of-way line a distance of 399.23 feet to the actual point of beginning of the land to be described: thence continuing Northerly along said highway right-of- way line a distance of 102.17 feet; thence East parallel to the South line of said Northwest ¼ of the Northwest ¼ a distance of 136.56 feet; thence Easterly on a straight line and its extension to a point distant 173.36 feet East as measured along said parallel line from the East right-of-way line of State Trunk Highway No. 61 and 5.45 feet South from said parallel line for a distance of 21.68 feet; thence South on a line drawn at right angles to the South line of said Northwest ¼ of the Northwest ¼ for a distance of 96.74 feet; thence West parallel to the South line of said Northwest ¼ of the Northwest ¼ a distance of 178.93 feet to the actual point of beginning. Parcel B That part of the Northwest Quarter of the Northwest Quarter, Section 29, Township 31, Range 21, described as follows: Commencing at the intersection of the South line of said tract and the East right of way line of State Trunk Highway No. 61 and now widened to 111 feet; Thence North 11 degrees 51 minutes East along said highway right of way line, a distance of 279.1 feet; to the actual point of beginning of the land to be described; thence continuing North 11 degrees 51 minutes East along said Highway right of way line, a distance of 222.3 feet; thence East parallel to the South line of said Northwest Quarter of the Northwest Quarter a distance of 400 feet: thence South at right angles to the last described line a distance of 218 feet; thence West parallel to the South line of said Northwest Quarter of the Northwest Quarter a distance of 445.65 feet to the actual point of beginning, EXCEPT that part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 31, Range 21 , described as follows: Commencing at the intersection of the South line of said tract and the East right of way of State Trunk Highway No. 61 as now widened to 111 feet; thence Northerly along said highway right of way line a distance of 399.23 feet to the actual point of beginning of the land to be described; thence continuing Northerly along said Highway right of way line a distance of 102.17 feet; thence East parallel to the South line of said Northwest Quarter of the Northwest Quarter a distance of 136.56 feet: thence Easterly on a straight line and its extension to a point distant 173.36 feet East of State Trust Highway No. 61 and 5.45 feet South from said parallel line for a distance of 21.68 feet, thence South on a line drawn at right angles to the South line of said Norwest Quarter of the Northwest Quarter for a distance of 96.74 feet; thence West parallel to the South line of said Resolution 2019-__ Page 5 Northwest Quarter of the Northwest Quarter a distance of 178.93 feet to the actual point of beginning, Washington County, Minnesota. Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Apple Academy THIS AGREEMENT, made and entered into this _____ day of _______________, 200__ by and between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and CLASSIC CONSTRUCTION, INC. (hereinafter referred to as "Developer"). WITNESS: Apple Academy 2 WHEREAS, the City Council of the City has, by Resolution Number ____________ on June 3, 2019, approved the Site Plan and Conditional Use Permit as proposed by the Developer to be known as "Apple Academy"; and, WHEREAS, the City Council of the City has, by Public Notice on June 3, 2019, approved the vacation of the Drainage and Utility Easement at 13845 Forest Boulevard North as requested by the Developer; and, WHEREAS, the Site Plan proposed a development of an approximately 2.12-acre parcel of land into a commercial childcare facility; 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 City 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 development. All fees and costs incurred by the City in connection with the development shall be charged against said escrow account which shall remain in effect until the expiration of the warranty period for the development 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. 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 collectively called "improvements." All improvements shall be constructed and installed pursuant to the terms and conditions herein set forth Apple Academy 3 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 direction of City staff. 3. Authorization to Proceed with Construction. Developer agrees not to commence any grading, utility or street work within the site 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 public street, utility, and storm drainage improvements outlined in this agreement. All costs associated with construction observation and inspection will be the responsibility of the Developer. The Developer shall allow to the City staff and City consultants access to the property to allow for this work to occur. 5. Miscellaneous Requirements. a) Property Corners: All property corners as identified on the site plan must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance of the development. b) Drainage Easements: Drainage easements shall be given so as to cover wetlands and stormwater ponding areas based upon 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 Plan. A minimum of one (1) compaction test for all developed lots 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. Soil compaction tests shall be provided for respective lot prior to the issuance of a building permit for each respective lot. d) Private Utilities: All utilities, including electricity, telephone, natural gas and cable television, shall be installed underground. e) Mailboxes: Developer shall coordinate mailbox locations with the Postmaster. f) Working Hours: Construction activity, including equipment startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday; Apple Academy 4 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays. g) 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 site plan until final acceptance of the improvements. If the streets are not maintained in a manner acceptable to the City, the City will arrange for the street sweeping at Developer’s cost. 6. Project Completion: All work for improvements listed herein on Exhibit A, shall be completed subject to the approval of the City in accordance with the approved plans. All improvements shall be substantially 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 Drawing 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 Site Plan. Apple Academy 5 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 (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 improvement projects 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 site plan have been approved and accepted by the City. The developer’s engineer shall certify that grading within the project was completed in accordance with the approved grading 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. Signs. The Developer shall prepare a plan for all regulatory, directional and street name signs to be within the proposal development. 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 development. The installation of all private signage shall be the Apple Academy 6 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 Public Works Department beginning the installation. 11. Drainage Easements. a) Work within Easements: No improvements, landscaping, or grading, other than improvements shown on the approved plans, shall be permitted in defined 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. Lowest Floor Elevations. All minimum floor elevations shall comply with Section 90-138 of the Hugo Zoning Ordinance, the City’s Comprehensive Stormwater Management Plan, or the approved Grading 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 Site Plan. 13. Landscaping. All disturbed areas within the site plan area shall be landscaped in accordance with the approved landscape plans, the City’s Landscape Ordinance, and the City’s Specification Book. 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. Except as required otherwise, back yards need only be sodded to a minimum depth of ten (10) feet directly behind the principal building with the remainder to be seeded. Lawn areas shall be established with turf consisting of a mix containing at least two-thirds improved and elite type Apple Academy 7 Kentucky bluegrass varieties, or as otherwise specified on approved landscape plans. All seeded areas shall be seeded at an application rate as recommended by the supplier of the seed. All landscaped areas shall be tilled 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 landscaping installed within the site plan area 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 25B, 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. B. ESCROWS, CHARGES AND UTILITY OVERSIZING: Developer shall pay the escrows, fees and charges listed on Exhibit C. C. SPECIAL PLANNING REQUIREMENTS: The development 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. Miscellaneous Provisions. Developer specifically understands that this subdivision approval is given subject to the following requirements: a) Expiration. The site plan approval shall become null and void one Apple Academy 8 year after the date of approval unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The lot combination must be recorded with the Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) days of the Council motion giving final site plan approval or else said approval shall be null and void. All fees relating to this site plan shall be paid by the Developer, including the cost of recording documents with Washington County. b) Recording. The developer shall record the DA with Washington County simultaneous with the recording of the lot combination and shall forward confirmation of the DA to the City prior to the issuance of building permits. Final site plan approval shall be contingent upon compliance with the grading, storm water drainage and utility plan approved and upon compliance with this Development Agreement. c) Sales Trailers. The developer may be entitled to a maximum of one 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 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. d) Deviations. No material deviations from the approved final site plan 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 Planning Commission and City Council in connection with the approval of the development. e) Certificates of Survey. A certificate of survey shall be provided to the 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 a grading plan, tree preservation and landscaping plan shall be submitted for each home site. f) 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. g) The City may, free of claims of cost, loss or damage by Developer, withhold any permits at any time because of sewer capacity limitations or other infrastructure limitations. Apple Academy 9 h) Deed restrictions shall advise owners of all lots of the requirements of this Development Agreement as follows: THE LAND WITHIN THIS SITE PLAN, 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. i) Developer acknowledges that a separate Development Agreement will be entered into at the time of final site plan approval of subsequent phases. 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. j) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the land 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 Site Plan 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. 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: 1. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the Apple Academy 10 terms, conditions and limitations of this Agreement. 2. Failure by Developers to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. 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: 1. The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. 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 Developers, or immediately draw on the Letter of Credit, as set forth in this Agreement. 4. Enforcement by City; Damages. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. F. THIS AGREEMENT: 1. Release of Agreement. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under the 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 and that it has authority to execute this Development Apple Academy 11 Agreement 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. 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. Developers agree 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 Developers, 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 site plan 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. 6. 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 policy dated not earlier than 30 days prior to the execution of the site plan. Apple Academy 12 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF HUGO By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 200__, before me, a Notary Public, personally appeared Tom Weidt and Michele Lindau, 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 and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Apple Academy 13 Developer By___________________________________ By__________________________________ Its_________________________________ Its________________________________ STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 200__, before me, a Notary Public, personally appeared _________________ and __________________, husband and wife, who signed the foregoing instrument and acknowledged said instrument to be their free act and deed. __________________________________________ Notary Public STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 200__, before me, a Notary Public, within and for said County and State, personally appeared _________________________ and _________________________, to me personally known, who, being each by me duly sworn did say that they are respectively the ___________________ and the ___________________ of _____________________________________, a Minnesota corporation, named in the foregoing instrument, and that said instrument was signed on behalf of __________________________ ____________, by authority of its Board of Directors and said ____________________ and ______________________ acknowledged said instrument to be the free act and deed of said corporation. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Apple Academy 14 EXHIBIT A LIST OF DEVELOPMENT PLANS 1. ALTA/NSPS Land Title Survey dated January 18, 2019 2. Design Phase Geotechnical Evaluation dated May 31, 2018 3. Existing Conditions and Removals Plan dated May 1, 2019 and received May 15, 2019 4. Civil Site Plan dated May 1, 2019 and received May 15, 2019 5. Grading, Drainage and Erosion Control Plan dated May 1, 2019 and received May 15, 2019 6. Utility Plan dated May 1, 2019 and received May 15, 2019 7. Details dated May 1, 2019 and received May 15, 2019 8. Stormwater Pollution Prevention Plan dated May 1, 2019 and received May 15, 2019 9. Site Drainage Narrative and Calculations dated May 1, 2019 and received May 15, 2019 10. Exterior Lighting Plan dated April 22, 2019 11. Easement Sketch and Description dated May 1, 2019 12. Architectural Site Plan dated March 28, 2019 and revised April 19, 2019 13. Floor Plan dated March 28, 2019 and revised April 19, 2019 14. Elevations dated March 28, 2019 and revised April 19, 2019 15. Colored Elevations dated March 28, 2019 and revised April 19, 2019 16. Landscape Plan dated March 28, 2019 and revised April 19, 2019 Apple Academy 15 EXHIBIT B APPROVAL CONDITIONS 17. A site plan is approved to allow the construction of a 9,948-square foot daycare facility, in accordance with the architectural, civil and lighting plans received on March 29, 2019 and revised on April 26, 2019 and May 1, 2019 except as amended by this resolution. 18. The site plan approval is contingent upon approval of the requested easement vacation. 19. A site plan modification would be required if additional parking is constructed in the future. 20. Any changes to the site plan, landscape plan, and stormwater plans must be submitted to staff for review and approval. 21. The development agreement must be executed. 22. The cost of landscaping for the daycare facility must be included in the development agreement. The developer must provide a copy of the landscaping cost estimate to city staff. 23. Development of Parcel C will be contingent upon providing cross access over the deeded private road easement between the Apple Academy site and Parcel C. 24. A complete set of revised plans addressing the conditions of approval shall be submitted for city approval. a. Fence height shall be revised to six feet. b. A revised lighting plan to show compliance with the ordinance requirement that candle foot measure not exceed ½ candle foot at the property line. The applicant must also provide lighting fixture cut sheets and pole details to ensure cut-off fixture and pole height requirements are met. c. An irrigation plan must be provided. 25. The applicant must apply for a sign permit with details ensuring compliance with ordinance requirements. 26. Prior to issuance of building permits, the developer must comply with the following conditions: a. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. Apple Academy 16 b. A lot combination for Parcel A and Parcel B must be filed at Washington County. c. The proper drainage and utility easements must be dedicated over the lot after the easement vacation is approved. This must include a drainage and utility easement over the entire stormwater pond that connects to the existing storm water easement on the property directly north of the Parcel B. The proposed easement to access the stormwater system within the TGK site will be provided to the City. d. A street easement for the additional 39 feet of Highway 61 right-of-way must be dedicated over the lot and deeded to the City. e. No access will be allowed onto U.S. Highway 61 from the site or from Parcel C to the south. The applicant is responsible for ensuring that these sites are provided with access through cross access agreements. The following documents must be assembled and provided to the City of Hugo. i. Deed from the landowner to the City of Hugo for the Highway 61 street easement. ii. Cross access agreements between the affected property owners for access over the property to the north (Apple Academy and TGK Automotive). iii. Cross access agreements between the affected property owners for access over the project site (Apple Academy and Parcel C). f. Cross Access easements must be reviewed and approved by the City Attorney. Upon City approval, the applicant shall file these documents at Washington County. g. All easements must be provided in recordable form. h. Architectural elevations must comply with Commercial and Industrial Design Guidelines. i. All four façades of the structure must be treated equally and must contain doors, windows and the mix of materials shown by the applicant. ii. All façades must include a minimum of two materials: an engineered wood siding and a cultured stone veneer. The engineered wood siding must be applied to the façade in a variety of colors and style types (shake, traditional lap and board and batten). iii. The applicant will work with staff to finalize the design and color palette. i. The applicant must comply with the conditions from Minnesota Department of Transportation letter dated May 8, 2019. Apple Academy 17 j. The applicant shall comply with all conditions from the City Engineer’s memo dated May 15, 2019. k. The applicant shall obtain all necessary local, state, and federal permits. Apple Academy 18 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 $1,488.00. This sum is calculated to be four percent (4%) of the estimate of the required improvements to be installed to serve the development. 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%) 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 $46,473.00. 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 $6,587.00. This sum is calculated to be $0.07 per square foot for the 94,090 square feet of Net Developable Area within the Site Plan. This fee shall be paid before the issuance of building permits by the City. d) Storm Water Ponding Fee. Ponding fees are waived since the developer is installing onsite ponds. e) Snow Plowing. Snow Plowing fees are waived since no roads will be accepted by the City for this site plan. f) Sealcoating. Seal Coating fees are waived since no streets exist within the site plan. g) Park Dedication. Park Dedication fees are waived since the site plan does not require park dedication. h) Cul-de-sac Escrow. Cul-de-sac escrow fees are waived since no temporary cul-de-sacs will be created. i) Escrow for Street Signage. Street signage fees are waived since no signage will be installed on the site by the City. Apple Academy 19 EXHIBIT 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. Apple Academy 20 This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its Apple Academy 21 EXHIBIT _E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: Apple Academy 22 $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination of Single Limit Policy $1,000,000 or 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: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Apple Academy 23 Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each person -OR- Combined Single Limit Policy: $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 on BY: Authorized Insurance Representative Apple Academy 24 EXHIBIT E MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , hold a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agree that the Development Contract shall remain in full force and effect even if they foreclose on their mortgage. Dated this _______ day of ___________________, 200__. STATE OF MINNESOTA ) ) ss. COUNTY OF __________________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 200__, by . Notary Public Apple Academy 25 DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 \\MSPFSV02\DesignDepot\Workshop\City of Hugo\HUG19002 - Apple Academy (city file 19-011)\From Others\WSB\LTR - Apple Academy - Site Plan Review - 05 30 19.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM May 30, 2019 Ms. Rachel Juba City Planner City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Final Site Plan Review Apple Academy Day Care WSB Project No. 13857-000 Dear Ms. Juba: We have reviewed the final site plan submittal for the above-referenced project and in particular, the following plans related to this request: • Revised Preliminary Plans dated 5/1/19 (received May 15, 2019) by Plowe Engineering, Inc. • Design Phase Geotechnical Evaluation dated 5/31/18 by Chosen Valley Testing, Inc. • Site Drainage Narrative and Calculations dated 5/1/19 (received May 15, 2019) by Plowe Engineering, Inc. • Storm Water Management Plan (TGK Automotive) dated 8/17/18 by Hakanson Anderson Based on the review of the revised preliminary plan documents, we offer the following comments related to this application: Site Grading 1. The applicant will need to apply for an MPCA NPDES permit due to the size of area disturbed. The City will need to receive a copy of this permit in advance of any work taking place. Stormwater Management 2. The applicant is proposing to utilize a stormwater management pond and infiltration basin to conform with stormwater management requirements. Treated stormwater is discharged to the conveyance way to the north. Staff has provided a number of additional comments that the applicant will need to finalize in order to receive the surface water management permit. 3. The proposed easement to access the stormwater system within the TGK site will be provided to the City. 4. Stormwater reuse is not feasible and not proposed for this site. 5. City staff is working with the applicant on maintenance agreement requirements for stormwater features that will be their responsibility. Stormwater features are required to have drainage and utility easements. 6. The applicant will need to apply for a MnDOT drainage permit to ensure that current drainage rates to MnDOT right-of-way will not be increased. The City will need to receive a copy of this permit in advance of any work taking place. Ms. Rachel Juba May 15, 2019 Page 2 \\MSPFSV02\DesignDepot\Workshop\City of Hugo\HUG19002 - Apple Academy (city file 19-011)\From Others\WSB\LTR - Apple Academy - Site Plan Review - 05 30 19.docx Transportation/ROW 7. Access Locations: The plan proposes the removal of an existing gravel access to Highway 61 in front of the property and the utilization of the existing access in front of and through the existing adjacent parking area of TGK Automotive to the north with the final site plan. The applicant will need to apply for a MnDOT Miscellaneous Work Permit for the removal of the gravel access in the Highway 61 right-of-way. The City will need to receive a copy of this permit in advance of any work taking place. 8. Right-of-Way: The site plan includes 39-ft of right-of-way to be dedicated along the west edge of the site in accordance with the Highway 61 corridor plan. Sanitary Sewer Service 9. Sewer Improvements: The existing sanitary sewer main will be removed and rerouted around the proposed building. A sanitary sewer service will be extended from the infrastructure located on the north side of the property with a 6” service extended into the site. As outlined in the Development Agreement, a letter of Credit will be required for the removal and relocation of the public sanitary sewer. Water Service 10. Watermain Improvements: Water service is available by connecting to an existing water service stub from the watermain located along the east side of Highway 61. 11. The applicant will need to apply for a MnDOT Miscellaneous Work Permit for the connection to the water service/main in the Highway 61 right-of-way. The City will need to receive a copy of this permit in advance of any work taking place. Thank you for the opportunity to provide comments on this project. Additional detailed red-lined comments have been provided to the applicant’s engineer. These comments will need to be addressed prior to approval of the construction plans. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB & Associates, Inc. Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Kendra Lindahl, Landform (email only) N11°5 0 ' 5 0 " E 108.81 S00°01'32"W 140.00 S89°58'28"E384.08120.13 102.17 N11°5 0 ' 5 0 " E 222.30 S89°58'28"E400.00N89°55'16"W445.55 measN00°01'32"E 218.00 X X X X X X X X X X X X X X X XXXXXXXXXXXXXX15B-8B-9929930SDDEXISTING PONDEXIST.HYDRANTHWL 931.1(100-YR)WV39' EX P A N D E D HWY 6 1 R . O . W .DLEGENDPROPOSED BITUMINOUSEXISTING BITUMINOUSEXISTING CATCH BASINEXISTING TREESEXISTING HYDRANTHYDEXISTING WATER MAINEXISTING GATE VALVEEXISTING STORM MANHOLEEXISTING STORM SEWEREXISTING TELEPHONE PEDESTAL(GUTTERLINE, BITUMINOUSSURFACE, OR GROUND SURFACEUNLESS OTHERWISE INDICATED)920.60920.99PROPOSED SPOT ELEVATIONEXISTING SPOT ELEVATIONPROPOSED SILT FENCE928PROPOSED CONTOUREXISTING CONTOURPROPOSED WATER PIPEEXISTING OVERHEAD ELECTRICOHWGEEXISTING UTILITY POLEEXISTING SANITARY SEWERPROPOSED SANITARY SEWER PIPEPROPOSED INLET PROTECTIONTELEXISTING UNDERGROUND TELEPHONEEXISTING LIGHT POLEPROPOSED STORM SEWER PIPEPROPOSED STORM MANHOLEPROPOSED CATCH BASINEXISTING ELECTRICAL PEDESTALEXISTING SANITARY SEWER MANHOLEPROPOSED GATE VALVEPROPOSED HYDRANTPROPOSED SANITARY SEWER MANHOLEEXISTING TREES (TO BE REMOVED)PROPOSED CONCRETEEXISTING BITUMINOUS (TO BE REMOVED)907.42BITEXISTING SPOT ELEVATION(MATCH INTO ELEVATION)PROPOSED RIP-RAPPROPOSED FILTRATION MEDIAPROPOSED ELECTRIC SERVICE *PROPOSED GAS SERVICE *PROPOSED TELEPHONE SERVICE *ELECGASTELPROPOSED DRAINTILE AND CLEAN-OUTEXISTING RETAINING WALLEXISTING FLARED-END SECTIONPROPOSED FLARED-END SECTIONEXISTING WELLEXISTING FENCEXEXISTING CABLE PEDESTALEXISTING UNDERGROUND CABLECBLWETEXISTING WETLANDPROPOSED DIRECTION OF DRAINAGE930FMEXISTING FORCEMAIND4.0%PROPOSED HEAVY-DUTY PAVEMENTPROPOSED ENKAMAT930WVSW CESDTWV HYDGENERAL NOTESTHE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATIONOF EXISTING UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE.THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATION AS TOTYPE AND LOCATION OF UTILITIES AS NECESSARY TO AVOID DAMAGE TO THESEUTILITIES.CALL "811" FOR EXISTING UTILITIES LOCATIONS PRIOR TO ANY EXCAVATIONS.THE CONTRACTOR SHALL FIELD VERIFY SIZE, ELEVATION, AND LOCATION OF EXISTINGSANITARY SEWER, STORM SEWER, AND WATER MAIN AND NOTIFY ENGINEER OF ANYDISCREPANCIES PRIOR TO THE START OF INSTALLATIONS.INSTALLATIONS SHALL CONFORM TO THE CITY STANDARD SPECIFICATIONS ANDDETAIL PLATES.THE CONTRACTOR SHALL NOTIFY CITY PUBLIC WORKS DEPARTMENT A MINIMUM OF 24HOURS PRIOR TO THE INTERRUPTION OF ANY SEWER OR WATER SERVICES TOEXISTING HOMES OR BUSINESSES.STORAGE OF MATERIALS OR EQUIPMENT SHALL NOT BE ALLOWED ON PUBLIC STREETSOR WITHIN PUBLIC RIGHT-OF-WAY.NOTIFY CITY A MINIMUM OF 48 HOURS PRIOR TO THE COMMENCEMENT OFCONSTRUCTION.ALL ELECTRIC, TELEPHONE, AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALLBE CONSTRUCTED TO THE APPROPRIATE UTILITY COMPANY SPECIFICATIONS. ALLUTILITY DISCONNECTIONS SHALL BE COORDINATED WITH THE APPROPRIATE UTILITYCOMPANY.TITLE SHEET, NOTES & LEGENDHUGO, MINNESOTAAPPLE ACADEMY DAY CARE05.01.2019 APPLE ACADEMY DAY CARESITE PLANNING& ENGINEERINGSUITE 1106776 LAKE DRIVELINO LAKES, MN 55014PHONE: (651) 361-8210FAX: (651) 361-8701TITLE SHEET, NOTES & LEGENDENGINEERING, INC.PLOWEC1HUGO, MINNESOTA 3015301 INCH = FEET0LIC. NO.DATE: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.ORIGINAL DATE:PROJ. NO.DESIGN BY:CHCKD BY:DRAWN BY:REVISION DESCRIPTIONDATE A.AC.W.P.19-1828A.Q.AFEBRUARY 09, 2019PREPARED FOR:RCallbefore you dig.below.Know what'sS:\plowe\cad\19proj\19-1828 APPLE ACADEMY DAYCARE\19-1828 CAD\19-1828 BASE 8 (AA).dwg 5/1/2019 PRE L I M I N A R YCLASSICCONSTRUCTIONCHARLES W. PLOWE 18227STORMWATER POLLUTION PREVENTION PLANSTORMWATER POLLUTION PREVENTION PLANC6.2SHEET INDEXC1TITLE SHEET, NOTES & LEGENDC4UTILITY PLANDETAILSC3GRADING, DRAINAGE & EROSION CONTROL PLANC6.1C5N.T.S.VICINITY MAPC2.1EXISTING CONDITIONS & REMOVALS PLAN SITESITE PLAN REVISION3/28/19C2.2CIVIL SITE PLANCITY COMMENTS4/22/19 N11°50'50"E108.81 S00°01'32"W 140.00 S89°58'28"E384.08120.13 102.17N11°50'50"E222.30 S89°58'28"E400.00N89°55'16"W445.55 measN00°01'32"E 218.00 929930EXISTING PONDTREE TO BEREMOVED(TYP)EXISTING FENCETO BE REMOVED(TYP)EXIST.HYDRANTEXIST. LIGHT POLE& FOUNDATION(TO REMAIN)HWL 931.1(100-YR)EXISTING EASEMENT TO BE VACATED TREE TO BEREMOVED(TYP)FILL EXIST. SAN. PIPE WITHAPPROVED FLOWABLE FILL,BULKHEAD, CAP, & ABANDONREMOVE EX. TREESREMOVE EX. TREESREMOVE EX. TREESREMOVE EX. TREESAS REQUIREDEX. TREES TO REMAININSTALL TREE PROTECTIONREMOVE EX. TREESAS REQUIREDEX. TREES TO REMAININSTALL TREE PROTECTION(TYP)REMOVE EX. GRAVEL ENTRANCEREMOVE EX. CULVERTRE-GRADE DITCH TO DRAINREMOVE EXIST. SAN. PIPEBULKHEAD & CAPEXIST. SAN. PIPEREMOVE EX. STRUCTURE05.01.2019 APPLE ACADEMY DAY CARESITE PLANNING& ENGINEERINGSUITE 1106776 LAKE DRIVELINO LAKES, MN 55014PHONE: (651) 361-8210FAX: (651) 361-8701EXISTING CONDITIONS & REMOVALS PLANENGINEERING, INC.PLOWEC2.1HUGO, MINNESOTA 3015301 INCH = FEET0LIC. NO.DATE: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.ORIGINAL DATE:PROJ. NO.DESIGN BY:CHCKD BY:DRAWN BY:REVISION DESCRIPTIONDATE A.AC.W.P.19-1828A.Q.AFEBRUARY 09, 2019PREPARED FOR:S:\plowe\cad\19proj\19-1828 APPLE ACADEMY DAYCARE\19-1828 CAD\19-1828 BASE 8 (AA).dwg 5/1/2019 PRE L I M I N A R YCLASSICCONSTRUCTIONCHARLES W. PLOWE 18227RCallbefore you dig.below.Know what'sEXISTING CONDITIONS & REMOVALS PLANAPPLE ACADEMY DAY CAREADDED SHEET4/22/19 N11°50'50"E108.81 S00°01'32"W 140.00 S89°58'28"E384.08120.13 102.17N11°50'50"E222.30 S89°58'28"E400.00N89°55'16"W445.55 measN00°01'32"E 218.00 X X X X X X X X X X X X X X X XXXXXXXXXXXXXXPROPOSED BUILDING10,200 S.F.FFE=934.501212161569.077.0BITUMINOUSPVMT64.0155.0 32.021.218.5(TYP)26.040.026.59.0 (TYP)R2.5R9.025.0B-B929930SEXISTING BUILDINGFFE=934.0DDEXISTING PONDB612 CURB& GUTTER(TIP-IN)FUTURE STALLSDUMPSTERENCLOSURENEW FENCEPOND 13' WIDE CURBDRAIN OPENINGSAWCUT & REMOVE EXISTING CURB & GUTTERAND CONNECT TO EXISTING PARKING LOTEXIST.HYDRANTB612 CURB& GUTTER(TIP-OUT)DOWNSPOUTDOWNSPOUTDOWNSPOUT& SPLASH BLOCKDOWNSPOUT& SPLASH BLOCKHWL 931.1(100-YR)WV39' EXPANDEDHWY 61 R.O.W.PLAYGROUNDAREAPROPOSED ACCESS EASEMENTPROPOSEDUTILITYEASEMENTDPROPOSED DRAINAGE& UTILITY EASEMENTCURB & BITUMINOUS NOTESREMOVAL AND DISPOSAL OF EXISTING STREET MATERIALS AS REQUIRED FORCONSTRUCTION IS CONSIDERED INCIDENTAL.SAW-CUT EXISTING BITUMINOUS AND CONCRETE CURB TO PROVIDE BUTT-JOINT.RESTORE DISTURBED STREET TO EXISTING OR BETTER SECTION.BACKFILLING OF CURB IS INCIDENTAL TO CURB INSTALLATION.FOUR INCHES OF CLASS 5 UNDER CURB IS INCIDENTAL TO CURB INSTALLATION.CURB ENDS SHALL TERMINATE IN A THREE-FOOT BEAVER TAIL.2" WEAR - TYPE SP 9.5WEAR COURSE MIXTURE (SPWEA240B)ORDINARY COMPACTION METHOD2" BASE - TYPE SP 12.5NON-WEAR COURSE MIXTURE (SPNWB230B)ORDINARY COMPACTION METHODTACK COAT6" CLASS 5 AGGREGATE BASEPAVING SHALL CONFORM TO THE LATEST EDITION OF MNDOT'S STANDARDSPECIFICATIONS FOR CONSTRUCTION AND THE CITY'S STANDARDS FORSTREET AND UTILITY CONSTRUCTION.APPROVED GRANULAR SUBBASE ASDETERMINED BY GEOTECHNICAL ENGINEERPAVING SECTION SHALL BE REVIEWED AND APPROVED BY GEOTECHNICALENGINEER PRIOR TO ANY INSTALLATIONS.NOT TO SCALEBITUMINOUS - LIGHT DUTY05.01.2019 APPLE ACADEMY DAY CARESITE PLANNING& ENGINEERINGSUITE 1106776 LAKE DRIVELINO LAKES, MN 55014PHONE: (651) 361-8210FAX: (651) 361-8701CIVIL SITE PLANENGINEERING, INC.PLOWEC2.2HUGO, MINNESOTA 3015301 INCH = FEET0LIC. NO.DATE: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.ORIGINAL DATE:PROJ. NO.DESIGN BY:CHCKD BY:DRAWN BY:REVISION DESCRIPTIONDATE A.AC.W.P.19-1828A.Q.AFEBRUARY 09, 2019PREPARED FOR:S:\plowe\cad\19proj\19-1828 APPLE ACADEMY DAYCARE\19-1828 CAD\19-1828 BASE 8 (AA).dwg 5/1/2019 PRE L I M I N A R YCLASSICCONSTRUCTIONCHARLES W. PLOWE 18227RCallbefore you dig.below.Know what'sCIVIL SITE PLANAPPLE ACADEMY DAY CARESITE PLAN REVISION3/28/19 ADD NEW SURVEY INFO4/8/19 CITY COMMENTS4/22/19 N11°50'50"E S89°58'28"E384.08120.13 102.17N11°50'50"E222.30 S89°58'28"E400.00N89°55'16"W445.55 measN00°01'32"E 218.00 X X X X X X X X X X X X X X X XXXXXXXXXXXXXXPROPOSED BUILDING10,200 S.F.FFE=934.50151.39%1.02%B-8B-9929930SEXISTING BUILDINGFFE=934.0933.60933.70933.70933.10932.38932.35933.60933.60934.00934.00933.34933.50932.48932.60932.48933.60933.50933.60933.00933.00932.43931.90933.00932.30933.20933.10932.59933.182.20%932.51 2.60%931.901.02%2.50%933.602.64%933.00933.50930 932 928DD EXISTING PONDEXIST.HYDRANT934 929 931 932 932 S S SSSSSSSSSSSSSSS S SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSHWL 931.1(100-YR)6 C.Y. CL III RIP-RAPW/ GEOTEXTILE FABRIC14 C.Y. CL III RIP-RAPW/ GEOTEXTILE FABRIC932.000.5%932.50WVPOND 1HWL 931.8(100-YR)US HIGHWAY NO 61 B-6B-739' EXPANDEDHWY 61 R.O.W.D931.75931.75931.75933.603' WIDE CURB DRAIN OPENING(SEE DETAIL - SHEET C5)EOF932.50EOF933.10(GUTTER)2.5%2.5%3.3%3.9%933.501.8%1.8%SILT FENCE(TYP)SILT FENCE(TYP)ROCK CONSTRUCTIONENTRANCEEOF931.0PRIOR TO ANY GRADING OPERATIONS, THE CONTRACTOR SHALL PROVIDE WIMCOINLET PROTECTION (OR OTHER APPROVED EQUAL) FOR ALL STORM SEWER INLETSTHAT WILL RECEIVE RUN-OFF FROM CONSTRUCTION ACTIVITIES.ALL EROSION AND SEDIMENT CONTROL MEASURES SHOWN ON THE PLANS ORIMPLEMENTED IN THE FIELD SHALL BE IN ACCORDANCE WITH THE CITY AND NPDESPHASE II PERMIT REQUIREMENTS, AND THE MPCA'S "PROTECTING WATER QUALITY INURBAN AREAS BEST MANAGEMENT PRACTICES FOR MINNESOTA."ADJACENT STREETS SHALL BE KEPT CLEAN OF CONSTRUCTION MATERIALS, DIRT, ANDOTHER UNDESIRABLE MATERIALS. WHEN MATERIALS OR DEBRIS HAVEWASHED/FLOWED ONTO ADJACENT STREETS, IT IS THE CONTRACTOR'SRESPONSIBILITY TO SWEEP/SCRAPE STREETS AS NECESSARY OR AS DIRECTED BY THECITY.THE CONTRACTOR SHALL PAY SPECIAL ATTENTION TO ALL ADJACENT PROPERTY LINESAND MAKE SURE THE EROSION CONTROL PRACTICES IN-PLACE IN THOSE AREASPREVENT MIGRATION OF SEDIMENT ONTO ADJACENT PROPERTIES.THE CONTRACTOR SHALL SOD ALL DISTURBED DRAINAGE AREAS, INCLUDING SWALES,OVERFLOWS, AROUND STORM SEWER FLARED-END SECTIONS, AND OFF-STREET CATCHBASINS.UPON GRADING COMPLETION THE CONTRACTOR SHALL PROVIDE NATIVE TOPSOIL,SEED, AND MULCH ANCHORED WITH A STRAIGHT SET DISC WITHIN 48 HOURS OFFINAL GRADING.THE CONTRACTOR SHALL PROVIDE ALL SOD, SEED, MULCH AND FERTILIZER WHICHSHALL CONFORM WITH THE FOLLOWING MNDOT SPECIFICATIONS AS MODIFIED BELOW.THE CONTRACTOR SHALL PROVIDE DESIGNATED CONCRETE TRUCK WASHOUT AREAWITH APPROPRIATE SIGNAGE. WASHOUT AREA IS TO BE A MINIMUM OF 50' FROMSTORM DRAINS, DITCHES, PONDS, OR OTHER STORMWATER FEATURES. ALL LIQUIDAND SOLID WASTE GENERATED BY CONCRETE WASHOUT OPERATIONS MUST BECONTAINED IN A LEAK-PROOF CONTAINMENT FACILITY OR IMPERMEABLE LINER (E.G.COMPACTED CLAY LINER, IMPERMEABLE GEO-MEMBRANE). AFTER WASTE CONCRETE ISSET, BREAK-UP AND DISPOSE OF PROPERLY.CONTRACTOR TO PROVIDE TOPSOIL STOCKPILES AT LOCATION DESIGNATED BYOWNER. PLACE STOCKPILES AS FAR FROM DRAINAGE WAYS AS POSSIBLE. PROVIDESILT FENCE AT DOWNSTREAM SIDE OF STOCKPILE LOCATIONS. IF STOCKPILE IS TO BEIN-PLACE LONGER THAN 7 DAYS, PROVIDE SEED AND MULCH.GRADING, DRAINAGE & EROSION CONTROL NOTESEXCESS SOIL SHOULD BE TREATED LIKE OTHER EXPOSED SOIL AND STABILIZEDWITHIN 72 HOURS. ANY SOIL STOCKPILES ARE TO HAVE SILT FENCE PLACED ONDOWNSTREAM SIDES AND SHALL NOT BE PLACED IN SURFACE WATERS.THE CONTRACTOR SHALL FINAL GRADE SWALE AREAS UPON STABILIZATION OFUPSTREAM AREAS.THE CONTRACTOR SHALL MAINTAIN SILT FENCE, INCLUDING THE REMOVAL OFACCUMULATED SEDIMENT, THROUGH COMPLETION OF BUILDING CONSTRUCTION. SILTFENCE TO BE REMOVED ONLY AFTER COMPLETION OF BUILDING CONSTRUCTION ANDUPON ESTABLISHMENT OF VEGETATION.IF ANY SLOPES APPEAR TO BE FAILING, THE CONTRACTOR SHALL PROVIDE ADDITIONALSILT FENCE, BIOROLLS AND EROSION CONTROL BLANKET AS NEEDED.THE CONTRACTOR SHALL PROVIDE WOOD FIBER BLANKET FOR ALL AREAS OFCONCENTRATED FLOW AND FOR ALL SLOPES 3:1 OR GREATER.** SEEDED AREAS SHALL BE EITHER MULCHED OR COVERED BY FIBROUS BLANKETS TOPROTECT SEEDS AND LIMIT EROSION.* MOW A MINIMUM OF: RESIDENTIAL TURF - ONCE PER 2 WEEKS COMMERCIAL TURF - ONCE PER 4 WEEKS3885 (CATEGORY 2)WOOD FIBER BLANKET3881FERTILIZER3882 (TYPE 1 - DISC ANCHORED)MULCH* FOR TURF ESTABLISHMENTITEM3876SEED **3878SODMNDOT SPECIFICATION/NOTESMNDOT MIX 25-131 (220 LBS/ACRE)MNDOT MIX 25-131 (120 LBS/ACRE)TEMPORARYMNDOT MIX 21-112 (100 LBS/ACRE)FALL COVERMNDOT MIX 21-111 (100 LBS/ACRE)SPRING/SUMMERMNDOT MIX 22-111 (30.5 LBS/ACRE)1-2 YEARS COVERMNDOT MIX 22-112 (40 LBS/ACRE)2-5 YEARS COVERCOMMERCIAL TURFRESIDENTIAL TURFMNDOT MIX 21-113 (110 LBS/ACRE)SOIL-BUILDING COVERNOT TO SCALECURB DRAIN OPENINGRIP-RAPSPILLWAY6"8"3'SEE PLANGEOTEXTILE FILTER FABRICRIPRAP (CL III)FLOW LINECURB CUTSEE PLAN05.01.2019 APPLE ACADEMY DAY CARESITE PLANNING& ENGINEERINGSUITE 1106776 LAKE DRIVELINO LAKES, MN 55014PHONE: (651) 361-8210FAX: (651) 361-8701GRADING, DRAINAGE, AND EROSION CONTROL PLANENGINEERING, INC.PLOWEC3HUGO, MINNESOTA 3015301 INCH = FEET0LIC. NO.DATE: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.ORIGINAL DATE:PROJ. NO.DESIGN BY:CHCKD BY:DRAWN BY:REVISION DESCRIPTIONDATE A.AC.W.P.19-1828A.Q.AFEBRUARY 09, 2019PREPARED FOR:S:\plowe\cad\19proj\19-1828 APPLE ACADEMY DAYCARE\19-1828 CAD\19-1828 BASE 8 (AA).dwg 5/1/2019 PRE L I M I N A R YCLASSICCONSTRUCTIONCHARLES W. PLOWE 18227RCallbefore you dig.below.Know what'sGRADING, DRAINAGE & EROSION CONTROL PLANAPPLE ACADEMY DAY CARESITE PLAN REVISION3/28/19 ADD NEW SURVEY INFO4/8/19 CITY COMMENTS4/22/19 X X X X X X X X X X X X X X X XXXXXXXXXXXXXXPROPOSED BUILDING10,200 S.F.FFE=934.5015206' - 10" PVC @ 0.28% SAN. MHRE 933.02IE 918.81929930SDD76' - 15" RCP108' - 12" RCP @ 0.25% @ 0.25% 192' - 18" RCP @ 0.25% 125' - 10" PVC @ 0.28% EXISTING PONDEXIST.HYDRANTHWL 931.1(100-YR)CONNECT 10" PVCTO EXIST. SAN. MH@ IE 919.38CORE DRILL & INSTALLAPPROVED WATERTIGHT BOOTPLUG EAST OPENINGEXIST. SAN. MHRE 932.33IE 918.46(E)IE 918.57(S)CONNECT 10" PVCTO EXIST. SAN. MH@ IE 918.46(W)PLUG SOUTH OPENINGCONNECT 6" SAN. SVCTO EXIST. SAN. MH@ IE 924.60CORE DRILL & INSTALLAPPROVED WATERTIGHT BOOTSINSTALL OUTSIDE DROP PERDETAIL HU-SS-2 (SEE SHEET C5)SAN. SWR C/ORE 934.40IE 925.00CB #1 (27"Ø)NEENAH R-3250-DVSPRE 931.80IE 928.90CBMH #2 (48"Ø)NEENAH R-3250-DVSPRE 931.80IE 928.63MH #3 (48"Ø)NEENAH R-1642RE 932.45IE 928.44MH #4 (48"Ø)NEENAH R-1642RE 931.00IE 927.9618" RC APRONIE 927.9017' - 18" RCP@ 0.35%36' - 6" PVC@ 1.0%EXIST. SAN. MHRE 931.81IE 919.3815" RC APRONIE 927.5546' - 15" RCP@ 0.22%WV6" GATE VALVE& BOXCONNECT 6" DIP (CL 52)TO EXIST. WATER SVC STUB(FIELD VERIFY SIZE & LOCATIONOF EXIST. WATER SERVICEAND IF SHUT-OFF VALVE EXISTS)US HIGHWAY NO 61 OUTLET CONTROL STRUCTURE #1RE 931.67IE 927.65 (15")39' EXPANDEDHWY 61 R.O.W.86' - 6" PVC@ 1.0%D**ADJUST MH RIM ELEV.TO 933.6010' MIN.SEPARATIONWATER CROSSINGMAINTAIN MINIMUM18" CLEARANCEWATER CROSSINGMAINTAIN MINIMUM18" CLEARANCEEXTEND SAN. SEWER &WATER INTO BUILDING ATLOCATIONS DETERMINEDBY OWNER.EXISTING SANITARY SEWER LOCATION, SIZE, AND ELEVATION SHALL BE VERIFIED INTHE FIELD PRIOR TO CONSTRUCTION. NOTIFY ENGINEER OF ANY DISCREPANCIESPRIOR TO ANY INSTALLATIONS.PROPOSED SANITARY SEWER SHALL BE PVC SCHEDULE 40.SANITARY SEWER NOTESFIELD VERIFY SIZE, ELEVATION, AND LOCATION OF EXISTING STORM SEWER ANDNOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO ANY INSTALLATIONS.WHEN CALLED OUT AS PIPE, STORM SEWER SHALL BE REINFORCED CONCRETE PIPE(RCP) ANSI C76 WITH R-4 GASKETS OR, IF ALLOWED BY CITY, HDPE PIPE MAY BE USED.(SEE PLAN FOR LOCATIONS WHERE RCP IS REQUIRED.) HDPE PIPE SHALL MEET THEREQUIREMENTS OF AASHTO M294, TYPE S WITH WATERTIGHT CONNECTIONS. USESAND/GRANULAR MATERIAL FOR BACKFILLING AND COMPACTION OF HDPE/PVC PIPE INACCORDANCE WITH THE REQUIREMENTS OF ASTM 2321.STORM SEWER LENGTHS INCLUDE THE LAYING LENGTH OF THE FLARED-END SECTION.LAYING LENGTH OF APRON TO BE DEDUCTED FROM PAYMENT LENGTH OF PIPE.ALL PORTIONS OF THE STORM SEWER SYSTEM LOCATED WITHIN 10 FEET OF THEBUILDING OR WATER SERVICE LINE MUST BE TESTED IN ACCORDANCE WITHMINNESOTA RULES, PART 4715.2820.STORM SEWER PIPES TO BE JOINED TO THE CATCH BASIN MANHOLES W/ APPROVEDRESILIENT RUBBER JOINTS TO MAKE THEM GASTIGHT OR WATERTIGHT. CEMENTMORTAR JOINTS ARE PERMITTED ONLY FOR REPAIRS AND CONNECTIONS OF EXISTINGLINES CONSTRUCTED WITH SUCH JOINTS.STORM SEWER NOTESEXISTING WATER MAIN LOCATION AND SIZE SHALL BE VERIFIED IN THE FIELD PRIORTO CONSTRUCTION. NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO ANYINSTALLATIONS.PROVIDE MINIMUM 18" SEPARATION BETWEEN WATER MAIN/SERVICES AND SANITARYOR STORM SEWERINSULATE WATER MAIN PER CITY STANDARD DETAIL PLATE HU-W-5 WHEN SEPARATIONIS LESS THAN 3 FEET.PROPOSED WATER MAIN SHALL BE 6" DIP CL 52.MECHANICAL JOINTS SHALL BE USED FOR WATER MAIN PIPES 4" IN DIAMETER ANDLARGER. RUBBER GASKETS SHALL CONFORM TO AWWA C111 (ANSI A21.11).MAINTAIN MINIMUM 8-FT COVER TO TOP OF ALL WATER MAIN PIPE.TAPS OF LIVE WATER MAINS TO BE DONE BY CITY FORCES; HOWEVER, THEY SHALL BEPAID FOR AND COORDINATED BY THE CONTRACTOR.ALL COMPONENTS OF THE WATER SYSTEM, UP TO THE WATER METER OR FIRE SERVICEEQUIPMENT, SHALL UTILIZE PROTECTIVE INTERNAL COATINGS MEETING CURRENTANSI/AWWA STANDARDS FOR CEMENT MORTAR LINING OR SPECIAL COATINGS.COMBINATION FIRE AND DOMESTIC SERVICES MUST TERMINATE WITH A THREAD-ONFLANGE OR AN MJ-TO-FLANGE ADAPTER.WATER MAIN NOTES05.01.2019 APPLE ACADEMY DAY CARESITE PLANNING& ENGINEERINGSUITE 1106776 LAKE DRIVELINO LAKES, MN 55014PHONE: (651) 361-8210FAX: (651) 361-8701UTILITIES PLANENGINEERING, INC.PLOWEC4HUGO, MINNESOTA 3015301 INCH = FEET0LIC. NO.DATE: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.ORIGINAL DATE:PROJ. NO.DESIGN BY:CHCKD BY:DRAWN BY:REVISION DESCRIPTIONDATE A.AC.W.P.19-1828A.Q.AFEBRUARY 09, 2019PREPARED FOR:S:\plowe\cad\19proj\19-1828 APPLE ACADEMY DAYCARE\19-1828 CAD\19-1828 BASE 8 (AA).dwg 5/1/2019 PRE L I M I N A R YCLASSICCONSTRUCTIONCHARLES W. PLOWE 18227RCallbefore you dig.below.Know what'sUTILITY PLANAPPLE ACADEMY DAY CAREELEV = 931.6748"OUTLET CONTROL STRUCTURE #1SITE PLAN REVISION3/28/19 CITY COMMENTS4/22/19 05.01.2019 APPLE ACADEMY DAY CARESITE PLANNING& ENGINEERINGSUITE 1106776 LAKE DRIVELINO LAKES, MN 55014PHONE: (651) 361-8210FAX: (651) 361-8701DETAILSENGINEERING, INC.PLOWEC5HUGO, MINNESOTA LIC. NO.DATE: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.ORIGINAL DATE:PROJ. NO.DESIGN BY:CHCKD BY:DRAWN BY:REVISION DESCRIPTIONDATE A.AC.W.P.19-1828A.Q.AFEBRUARY 09, 2019PREPARED FOR:S:\plowe\cad\19proj\19-1828 APPLE ACADEMY DAYCARE\19-1828 CAD\19-1828 BASE 8 (AA).dwg 5/1/2019 PRE L I M I N A R YCLASSICCONSTRUCTIONCHARLES W. PLOWE 18227DETAILSAPPLE ACADEMY DAY CARECITY COMMENTS4/22/19 05.01.2019SITE PLANNING& ENGINEERINGSUITE 1106776 LAKE DRIVELINO LAKES, MN 55014PHONE: (651) 361-8210FAX: (651) 361-8701STORM WATER POLLUTION PREVENTION PLANENGINEERING, INC.PLOWEC6.1HUGO, MINNESOTA LIC. NO.DATE: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.ORIGINAL DATE:PROJ. NO.DESIGN BY:CHCKD BY:DRAWN BY:A.AC.W.P.19-1828A.Q.AFEBRUARY 09, 2019PREPARED FOR:PRE L I M I N A R YCLASSICCONSTRUCTIONCHARLES W. PLOWE 18227STORM WATER POLLUTION PREVENTION PLANAPPLE ACADEMY DAY CAREREVISION DESCRIPTIONDATE S:\plowe\cad\19proj\19-1828 APPLE ACADEMY DAY CARE\19-1828 CAD\19-1828 BASE 8 (AA).dwg 5/1/2019 4.1 TERMINATION OF COVERAGE. [MINN. R. 7090]4.2 PERMITTEES MUST SUBMIT A NOT WITHIN 30 DAYS AFTER ALL TERMINATION CONDITIONS LISTED IN SECTION 13 ARECOMPLETE. [MINN. R. 7090]4.3 PERMITTEES MUST SUBMIT A NOT WITHIN 30 DAYS AFTER SELLING OR OTHERWISE LEGALLY TRANSFERRING THE ENTIRESITE, INCLUDING PERMIT RESPONSIBILITY FOR ROADS (E.G., STREET SWEEPING) AND STORMWATER INFRASTRUCTURE FINALCLEAN OUT, OR TRANSFERRING PORTIONS OF A SITE TO ANOTHER PARTY. THE PERMITTEES' COVERAGE UNDER THIS PERMITTERMINATES AT MIDNIGHT ON THE SUBMISSION DATE OF THE NOT. [MINN. R. 7090]4.4 PERMITTEES MAY TERMINATE PERMIT COVERAGE PRIOR TO COMPLETION OF ALL CONSTRUCTION ACTIVITY IF THEY MEETALL OF THE FOLLOWING CONDITIONS:A. CONSTRUCTION ACTIVITY HAS CEASED FOR AT LEAST 90 DAYS; ANDB. AT LEAST 90 PERCENT (BY AREA) OF ALL ORIGINALLY PROPOSED CONSTRUCTION ACTIVITY HAS BEEN COMPLETED ANDPERMANENT COVER HAS BEEN ESTABLISHED ON THOSE AREAS; ANDC. ON AREAS WHERE CONSTRUCTION ACTIVITY IS NOT COMPLETE, PERMANENT COVER HAS BEEN ESTABLISHED; ANDD. THE SITE COMPLIES WITH ITEM 13.3 THROUGH 13.7.AFTER PERMIT COVERAGE IS TERMINATED UNDER THIS ITEM, ANY SUBSEQUENT DEVELOPMENT ON THE REMAINING PORTIONSOF THE SITE WILL REQUIRE PERMIT COVERAGE IF THE SUBSEQUENT DEVELOPMENT ITSELF OR AS PART OF THE REMAININGCOMMON PLAN OF DEVELOPMENT OR SALE WILL RESULT IN LAND DISTURBING ACTIVITIES OF ONE (1) OR MORE ACRES IN SIZE.[MINN. R. 7090]4.5 PERMITTEES MAY TERMINATE COVERAGE UPON MPCA APPROVAL AFTER SUBMITTING INFORMATION DOCUMENTING THEOWNER CANCELED THE PROJECT. [MINN. R. 7090]6.1 SWPPP AMENDMENTS. [MINN. R. 7090]6.2 ONE OF THE INDIVIDUALS DESCRIBED IN ITEM 21.2.A OR ITEM 21.2.B OR ANOTHER QUALIFIED INDIVIDUAL MUST COMPLETEALL SWPPP CHANGES. CHANGES INVOLVING THE USE OF A LESS STRINGENT BMP MUST INCLUDE A JUSTIFICATION DESCRIBINGHOW THE REPLACEMENT BMP IS EFFECTIVE FOR THE SITE CHARACTERISTICS. [MINN. R. 7090]6.3 PERMITTEES MUST AMEND THE SWPPP TO INCLUDE ADDITIONAL OR MODIFIED BMPS AS NECESSARY TO CORRECTPROBLEMS IDENTIFIED OR ADDRESS SITUATIONS WHENEVER THERE IS A CHANGE IN DESIGN, CONSTRUCTION, OPERATION,MAINTENANCE, WEATHER OR SEASONAL CONDITIONS HAVING A SIGNIFICANT EFFECT ON THE DISCHARGE OF POLLUTANTS TOSURFACE WATERS OR GROUNDWATER. [MINN. R. 7090]6.4 PERMITTEES MUST AMEND THE SWPPP TO INCLUDE ADDITIONAL OR MODIFIED BMPS AS NECESSARY TO CORRECTPROBLEMS IDENTIFIED OR ADDRESS SITUATIONS WHENEVER INSPECTIONS OR INVESTIGATIONS BY THE SITE OWNER OROPERATOR, USEPA OR MPCA OFFICIALS INDICATE THE SWPPP IS NOT EFFECTIVE IN ELIMINATING OR SIGNIFICANTLYMINIMIZING THE DISCHARGE OF POLLUTANTS TO SURFACE WATERS OR GROUNDWATER OR THE DISCHARGES ARE CAUSINGWATER QUALITY STANDARD EXCEEDANCES (E.G., NUISANCE CONDITIONS AS DEFINED IN MINN. R. 7050.0210, SUBP. 2) OR THESWPPP IS NOT CONSISTENT WITH THE OBJECTIVES OF A USEPA APPROVED TMDL. [MINN. R. 7050.0210]7.1 BMP SELECTION AND INSTALLATION. [MINN. R. 7090]7.2 PERMITTEES MUST SELECT, INSTALL, AND MAINTAIN THE BMPS IDENTIFIED IN THE SWPPP AND IN THIS PERMIT IN ANAPPROPRIATE AND FUNCTIONAL MANNER AND IN ACCORDANCE WITH RELEVANT MANUFACTURER SPECIFICATIONS ANDACCEPTED ENGINEERING PRACTICES. [MINN. R. 7090]8.1 EROSION PREVENTION PRACTICES. [MINN. R. 7090]8.2 BEFORE WORK BEGINS, PERMITTEES MUST DELINEATE THE LOCATION OF AREAS NOT TO BE DISTURBED. [MINN. R. 7090]8.3 PERMITTEES MUST MINIMIZE THE NEED FOR DISTURBANCE OF PORTIONS OF THE PROJECT WITH STEEP SLOPES. WHENSTEEP SLOPES MUST BE DISTURBED, PERMITTEES MUST USE TECHNIQUES SUCH AS PHASING AND STABILIZATION PRACTICESDESIGNED FOR STEEP SLOPES (E.G., SLOPE DRAINING AND TERRACING). [MINN. R. 7090]8.4 PERMITTEES MUST STABILIZE ALL EXPOSED SOIL AREAS, INCLUDING STOCKPILES. STABILIZATION MUST BE INITIATEDIMMEDIATELY TO LIMIT SOIL EROSION WHEN CONSTRUCTION ACTIVITY HAS PERMANENTLY OR TEMPORARILY CEASED ON ANYPORTION OF THE SITE AND WILL NOT RESUME FOR A PERIOD EXCEEDING 7 CALENDAR DAYS. STABILIZATION MUST BECOMPLETED NO LATER THAN 7 CALENDAR DAYS AFTER THE CONSTRUCTION ACTIVITY HAS CEASED. STABILIZATION IS NOTREQUIRED ON CONSTRUCTED BASE COMPONENTS OF ROADS, PARKING LOTS AND SIMILAR SURFACES. STABILIZATION IS NOTREQUIRED ON TEMPORARY STOCKPILES WITHOUT SIGNIFICANT SILT, CLAY OR ORGANIC COMPONENTS (E.G., CLEANAGGREGATE STOCKPILES, DEMOLITION CONCRETE STOCKPILES, SAND STOCKPILES) BUT PERMITTEES MUST PROVIDESEDIMENT CONTROLS AT THE BASE OF THE STOCKPILE. [MINN. R. 7090]8.5 FOR PUBLIC WATERS THAT THE MINNESOTA DNR HAS PROMULGATED "WORK IN WATER RESTRICTIONS" DURING SPECIFIEDFISH SPAWNING TIME FRAMES, PERMITTEES MUST COMPLETE STABILIZATION OF ALL EXPOSED SOIL AREAS WITHIN 200 FEETOF THE WATER'S EDGE, AND THAT DRAIN TO THESE WATERS, WITHIN 24 HOURS DURING THE RESTRICTION PERIOD. [MINN. R.7090]8.6 PERMITTEES MUST STABILIZE THE NORMAL WETTED PERIMETER OF THE LAST 200 LINEAR FEET OF TEMPORARY ORPERMANENT DRAINAGE DITCHES OR SWALES THAT DRAIN WATER FROM THE SITE WITHIN 24 HOURS AFTER CONNECTING TO ASURFACE WATER OR PROPERTY EDGE. PERMITTEES MUST COMPLETE STABILIZATION OF REMAINING PORTIONS OFTEMPORARY OR PERMANENT DITCHES OR SWALES WITHIN 7 CALENDAR DAYS AFTER CONNECTING TO A SURFACE WATER ORPROPERTY EDGE AND CONSTRUCTION IN THAT PORTION OF THE DITCH TEMPORARILY OR PERMANENTLY CEASES. [MINN. R.7090]8.7 TEMPORARY OR PERMANENT DITCHES OR SWALES BEING USED AS A SEDIMENT CONTAINMENT SYSTEM DURINGCONSTRUCTION (WITH PROPERLY DESIGNED ROCK-DITCH CHECKS, BIO ROLLS, SILT DIKES, ETC.) DO NOT NEED TO BESTABILIZED. PERMITTEES MUST STABILIZE THESE AREAS WITHIN 24 HOURS AFTER THEIR USE AS A SEDIMENT CONTAINMENTSYSTEM CEASES. [MINN. R. 7090]8.8 PERMITTEES MUST NOT USE MULCH, HYDROMULCH, TACKIFIER, POLYACRYLAMIDE OR SIMILAR EROSION PREVENTIONPRACTICES WITHIN ANY PORTION OF THE NORMAL WETTED PERIMETER OF A TEMPORARY OR PERMANENT DRAINAGE DITCHOR SWALE SECTION WITH A CONTINUOUS SLOPE OF GREATER THAN 2 PERCENT. [MINN. R. 7090]8.9 PERMITTEES MUST PROVIDE TEMPORARY OR PERMANENT ENERGY DISSIPATION AT ALL PIPE OUTLETS WITHIN 24 HOURSAFTER CONNECTION TO A SURFACE WATER OR PERMANENT STORMWATER TREATMENT SYSTEM. [MINN. R. 7090]8.10 PERMITTEES MUST NOT DISTURB MORE LAND (I.E., PHASING) THAN CAN BE EFFECTIVELY INSPECTED AND MAINTAINED INACCORDANCE WITH SECTION 11. [MINN. R. 7090]9.1 SEDIMENT CONTROL PRACTICES. [MINN. R. 7090]9.2 PERMITTEES MUST ESTABLISH SEDIMENT CONTROL BMPS ON ALL DOWNGRADIENT PERIMETERS OF THE SITE ANDDOWNGRADIENT AREAS OF THE SITE THAT DRAIN TO ANY SURFACE WATER, INCLUDING CURB AND GUTTER SYSTEMS.PERMITTEES MUST LOCATE SEDIMENT CONTROL PRACTICES UPGRADIENT OF ANY BUFFER ZONES. PERMITTEES MUST INSTALLSEDIMENT CONTROL PRACTICES BEFORE ANY UPGRADIENT LAND-DISTURBING ACTIVITIES BEGIN AND MUST KEEP THESEDIMENT CONTROL PRACTICES IN PLACE UNTIL THEY ESTABLISH PERMANENT COVER. [MINN. R. 7090]9.3 IF DOWNGRADIENT SEDIMENT CONTROLS ARE OVERLOADED, BASED ON FREQUENT FAILURE OR EXCESSIVE MAINTENANCEREQUIREMENTS, PERMITTEES MUST INSTALL ADDITIONAL UPGRADIENT SEDIMENT CONTROL PRACTICES OR REDUNDANT BMPSTO ELIMINATE THE OVERLOADING AND AMEND THE SWPPP TO IDENTIFY THESE ADDITIONAL PRACTICES AS REQUIRED IN ITEM6.3. [MINN. R. 7090]9.4 TEMPORARY OR PERMANENT DRAINAGE DITCHES AND SEDIMENT BASINS DESIGNED AS PART OF A SEDIMENTCONTAINMENT SYSTEM (E.G., DITCHES WITH ROCK-CHECK DAMS) REQUIRE SEDIMENT CONTROL PRACTICES ONLY ASAPPROPRIATE FOR SITE CONDITIONS. [MINN. R. 7090]9.5 A FLOATING SILT CURTAIN PLACED IN THE WATER IS NOT A SEDIMENT CONTROL BMP TO SATISFY ITEM 9.2 EXCEPT WHENWORKING ON A SHORELINE OR BELOW THE WATERLINE. IMMEDIATELY AFTER THE SHORT TERM CONSTRUCTION ACTIVITY(E.G., INSTALLATION OF RIP RAP ALONG THE SHORELINE) IN THAT AREA IS COMPLETE, PERMITTEES MUST INSTALL AN UPLANDPERIMETER CONTROL PRACTICE IF EXPOSED SOILS STILL DRAIN TO A SURFACE WATER. [MINN. R. 7090]9.6 PERMITTEES MUST RE-INSTALL ALL SEDIMENT CONTROL PRACTICES ADJUSTED OR REMOVED TO ACCOMMODATESHORT-TERM ACTIVITIES SUCH AS CLEARING OR GRUBBING, OR PASSAGE OF VEHICLES, IMMEDIATELY AFTER THESHORT-TERM ACTIVITY IS COMPLETED. PERMITTEES MUST RE-INSTALL SEDIMENT CONTROL PRACTICES BEFORE THE NEXTPRECIPITATION EVENT EVEN IF THE SHORT-TERM ACTIVITY IS NOT COMPLETE. [MINN. R. 7090]9.7 PERMITTEES MUST PROTECT ALL STORM DRAIN INLETS USING APPROPRIATE BMPS DURING CONSTRUCTION UNTIL THEYESTABLISH PERMANENT COVER ON ALL AREAS WITH POTENTIAL FOR DISCHARGING TO THE INLET. [MINN. R. 7090]9.8 PERMITTEES MAY REMOVE INLET PROTECTION FOR A PARTICULAR INLET IF A SPECIFIC SAFETY CONCERN (E.G. STREETFLOODING/FREEZING) IS IDENTIFIED BY THE PERMITTEES OR THE JURISDICTIONAL AUTHORITY (E.G.,CITY/COUNTY/TOWNSHIP/MINNESOTA DEPARTMENT OF TRANSPORTATION ENGINEER). PERMITTEES MUST DOCUMENT THENEED FOR REMOVAL IN THE SWPPP. [MINN. R. 7090]9.9 PERMITTEES MUST PROVIDE SILT FENCE OR OTHER EFFECTIVE SEDIMENT CONTROLS AT THE BASE OF STOCKPILES ON THEDOWNGRADIENT PERIMETER. [MINN. R. 7090]9.10 PERMITTEES MUST LOCATE STOCKPILES OUTSIDE OF NATURAL BUFFERS OR SURFACE WATERS, INCLUDINGSTORMWATER CONVEYANCES SUCH AS CURB AND GUTTER SYSTEMS UNLESS THERE IS A BYPASS IN PLACE FOR THESTORMWATER. [MINN. R. 7090]9.11 PERMITTEES MUST INSTALL A VEHICLE TRACKING BMP TO MINIMIZE THE TRACK OUT OF SEDIMENT FROM THECONSTRUCTION SITE OR ONTO PAVED ROADS WITHIN THE SITE. [MINN. R. 7090]9.12 PERMITTEES MUST USE STREET SWEEPING IF VEHICLE TRACKING BMPS ARE NOT ADEQUATE TO PREVENT SEDIMENTTRACKING ONTO THE STREET. [MINN. R. 7090]9.13 PERMITTEES MUST INSTALL TEMPORARY SEDIMENT BASINS AS REQUIRED IN SECTION 14. [MINN. R. 7090]9.14 IN ANY AREAS OF THE SITE WHERE FINAL VEGETATIVE STABILIZATION WILL OCCUR, PERMITTEES MUST RESTRICT VEHICLEAND EQUIPMENT USE TO MINIMIZE SOIL COMPACTION. [MINN. R. 7090]9.15 PERMITTEES MUST PRESERVE TOPSOIL ON THE SITE, UNLESS INFEASIBLE. [MINN. R. 7090]9.16 PERMITTEES MUST DIRECT DISCHARGES FROM BMPS TO VEGETATED AREAS UNLESS INFEASIBLE. [MINN. R. 7090]9.17 PERMITTEES MUST PRESERVE A 50 FOOT NATURAL BUFFER OR, IF A BUFFER IS INFEASIBLE ON THE SITE, PROVIDEREDUNDANT (DOUBLE) PERIMETER SEDIMENT CONTROLS WHEN A SURFACE WATER IS LOCATED WITHIN 50 FEET OF THEPROJECT'S EARTH DISTURBANCES AND STORMWATER FLOWS TO THE SURFACE WATER. PERMITTEES MUST INSTALLPERIMETER SEDIMENT CONTROLS AT LEAST 5 FEET APART UNLESS LIMITED BY LACK OF AVAILABLE SPACE. NATURAL BUFFERSARE NOT REQUIRED ADJACENT TO ROAD DITCHES, JUDICIAL DITCHES, COUNTY DITCHES, STORMWATER CONVEYANCECHANNELS, STORM DRAIN INLETS, AND SEDIMENT BASINS. IF PRESERVING THE BUFFER IS INFEASIBLE, PERMITTEES MUSTDOCUMENT THE REASONS IN THE SWPPP. SHEET PILING IS A REDUNDANT PERIMETER CONTROL IF INSTALLED IN A MANNERTHAT RETAINS ALL STORMWATER. [MINN. R. 7090]9.18 PERMITTEES MUST USE POLYMERS, FLOCCULANTS, OR OTHER SEDIMENTATION TREATMENT CHEMICALS IN ACCORDANCEWITH ACCEPTED ENGINEERING PRACTICES, DOSING SPECIFICATIONS AND SEDIMENT REMOVAL DESIGN SPECIFICATIONSPROVIDED BY THE MANUFACTURER OR SUPPLIER. THE PERMITTEES MUST USE CONVENTIONAL EROSION AND SEDIMENTCONTROLS PRIOR TO CHEMICAL ADDITION AND MUST DIRECT TREATED STORMWATER TO A SEDIMENT CONTROL SYSTEM FORFILTRATION OR SETTLEMENT OF THE FLOC PRIOR TO DISCHARGE. [MINN. R. 7090]11.7 PERMITTEES MUST REPAIR, REPLACE OR SUPPLEMENT ALL PERIMETER CONTROL DEVICES WHEN THEY BECOMENONFUNCTIONAL OR THE SEDIMENT REACHES 1/2 OF THE HEIGHT OF THE DEVICE. [MINN. R. 7090]11.8 PERMITTEES MUST DRAIN TEMPORARY AND PERMANENT SEDIMENTATION BASINS AND REMOVE THE SEDIMENT WHEN THEDEPTH OF SEDIMENT COLLECTED IN THE BASIN REACHES 1/2 THE STORAGE VOLUME. [MINN. R. 7090]11.9 PERMITTEES MUST ENSURE THAT AT LEAST ONE INDIVIDUAL PRESENT ON THE SITE (OR AVAILABLE TO THE PROJECT SITEIN THREE (3) CALENDAR DAYS) IS TRAINED IN THE JOB DUTIES DESCRIBED IN ITEM 21.2.B. [MINN. R. 7090]11.10 PERMITTEES MAY ADJUST THE INSPECTION SCHEDULE DESCRIBED IN ITEM 11.2 AS FOLLOWS:A. INSPECTIONS OF AREAS WITH PERMANENT COVER CAN BE REDUCED TO ONCE PER MONTH, EVEN IF CONSTRUCTIONACTIVITY CONTINUES ON OTHER PORTIONS OF THE SITE; ORB. WHERE SITES HAVE PERMANENT COVER ON ALL EXPOSED SOIL AND NO CONSTRUCTION ACTIVITY IS OCCURRINGANYWHERE ON THE SITE, INSPECTIONS CAN BE REDUCED TO ONCE PER MONTH AND, AFTER 12 MONTHS, MAY BESUSPENDED COMPLETELY UNTIL CONSTRUCTION ACTIVITY RESUMES. THE MPCA MAY REQUIRE INSPECTIONS TO RESUMEIF CONDITIONS WARRANT; ORC. WHERE CONSTRUCTION ACTIVITY HAS BEEN SUSPENDED DUE TO FROZEN GROUND CONDITIONS, INSPECTIONS MAY BESUSPENDED. INSPECTIONS MUST RESUME WITHIN 24 HOURS OF RUNOFF OCCURRING, OR UPON RESUMINGCONSTRUCTION, WHICHEVER COMES FIRST. [MINN. R. 7090]11.11 PERMITTEES MUST RECORD ALL INSPECTIONS AND MAINTENANCE ACTIVITIES WITHIN 24 HOURS OF BEING CONDUCTEDAND THESE RECORDS MUST BE RETAINED WITH THE SWPPP. THESE RECORDS MUST INCLUDE:A. DATE AND TIME OF INSPECTIONS; ANDB. NAME OF PERSONS CONDUCTING INSPECTIONS; ANDC. ACCURATE FINDINGS OF INSPECTIONS, INCLUDING THE SPECIFIC LOCATION WHERE CORRECTIVE ACTIONS ARE NEEDED;ANDD. CORRECTIVE ACTIONS TAKEN (INCLUDING DATES, TIMES, AND PARTY COMPLETING MAINTENANCE ACTIVITIES); ANDE. DATE OF ALL RAINFALL EVENTS GREATER THAN 1/2 INCHES IN 24 HOURS, AND THE AMOUNT OF RAINFALL FOR EACH EVENT.PERMITTEES MUST OBTAIN RAINFALL AMOUNTS BY EITHER A PROPERLY MAINTAINED RAIN GAUGE INSTALLED ONSITE, AWEATHER STATION THAT IS WITHIN ONE (1) MILE OF YOUR LOCATION, OR A WEATHER REPORTING SYSTEM THAT PROVIDESSITE SPECIFIC RAINFALL DATA FROM RADAR SUMMARIES; ANDF. IF PERMITTEES OBSERVE A DISCHARGE DURING THE INSPECTION, THEY MUST RECORD AND SHOULD PHOTOGRAPH ANDDESCRIBE THE LOCATION OF THE DISCHARGE (I.E., COLOR, ODOR, SETTLED OR SUSPENDED SOLIDS, OIL SHEEN, ANDOTHER OBVIOUS INDICATORS OF POLLUTANTS); ANDG. ANY AMENDMENTS TO THE SWPPP PROPOSED AS A RESULT OF THE INSPECTION MUST BE DOCUMENTED AS REQUIRED INSECTION 6 WITHIN SEVEN (7) CALENDAR DAYS. [MINN. R. 7090]12.1 POLLUTION PREVENTION MANAGEMENT MEASURES. [MINN. R. 7090]12.2 PERMITTEES MUST PLACE BUILDING PRODUCTS AND LANDSCAPE MATERIALS UNDER COVER (E.G., PLASTIC SHEETING ORTEMPORARY ROOFS) OR PROTECT THEM BY SIMILARLY EFFECTIVE MEANS DESIGNED TO MINIMIZE CONTACT WITHSTORMWATER. PERMITTEES ARE NOT REQUIRED TO COVER OR PROTECT PRODUCTS WHICH ARE EITHER NOT A SOURCE OFCONTAMINATION TO STORMWATER OR ARE DESIGNED TO BE EXPOSED TO STORMWATER. [MINN. R. 7090]12.3 PERMITTEES MUST PLACE PESTICIDES, FERTILIZERS AND TREATMENT CHEMICALS UNDER COVER (E.G., PLASTIC SHEETINGOR TEMPORARY ROOFS) OR PROTECT THEM BY SIMILARLY EFFECTIVE MEANS DESIGNED TO MINIMIZE CONTACT WITHSTORMWATER. [MINN. R. 7090]12.4 PERMITTEES MUST STORE HAZARDOUS MATERIALS AND TOXIC WASTE, (INCLUDING OIL, DIESEL FUEL, GASOLINE,HYDRAULIC FLUIDS, PAINT SOLVENTS, PETROLEUM-BASED PRODUCTS, WOOD PRESERVATIVES, ADDITIVES, CURINGCOMPOUNDS, AND ACIDS) IN SEALED CONTAINERS TO PREVENT SPILLS, LEAKS OR OTHER DISCHARGE. STORAGE ANDDISPOSAL OF HAZARDOUS WASTE MATERIALS MUST BE IN COMPLIANCE WITH MINN. R. CH. 7045 INCLUDING SECONDARYCONTAINMENT AS APPLICABLE. [MINN. R. 7090]12.5 PERMITTEES MUST PROPERLY STORE, COLLECT AND DISPOSE SOLID WASTE IN COMPLIANCE WITH MINN. R. CH. 7035.[MINN. R. 7035]12.6 PERMITTEES MUST POSITION PORTABLE TOILETS SO THEY ARE SECURE AND WILL NOT TIP OR BE KNOCKED OVER.PERMITTEES MUST PROPERLY DISPOSE SANITARY WASTE IN ACCORDANCE WITH MINN. R. CH. 7041. [MINN. R. 7041]12.7 PERMITTEES MUST TAKE REASONABLE STEPS TO PREVENT THE DISCHARGE OF SPILLED OR LEAKED CHEMICALS,INCLUDING FUEL, FROM ANY AREA WHERE CHEMICALS OR FUEL WILL BE LOADED OR UNLOADED INCLUDING THE USE OF DRIPPANS OR ABSORBENTS UNLESS INFEASIBLE. PERMITTEES MUST ENSURE ADEQUATE SUPPLIES ARE AVAILABLE AT ALL TIMESTO CLEAN UP DISCHARGED MATERIALS AND THAT AN APPROPRIATE DISPOSAL METHOD IS AVAILABLE FOR RECOVEREDSPILLED MATERIALS. PERMITTEES MUST REPORT AND CLEAN UP SPILLS IMMEDIATELY AS REQUIRED BY MINN. STAT. 115.061,USING DRY CLEAN UP MEASURES WHERE POSSIBLE. [MINN. STAT. 115.061]12.8 PERMITTEES MUST LIMIT VEHICLE EXTERIOR WASHING AND EQUIPMENT TO A DEFINED AREA OF THE SITE. PERMITTEESMUST CONTAIN RUNOFF FROM THE WASHING AREA IN A SEDIMENT BASIN OR OTHER SIMILARLY EFFECTIVE CONTROLS ANDMUST DISPOSE WASTE FROM THE WASHING ACTIVITY PROPERLY. PERMITTEES MUST PROPERLY USE AND STORE SOAPS,DETERGENTS, OR SOLVENTS. [MINN. R. 7090]12.9 PERMITTEES MUST PROVIDE EFFECTIVE CONTAINMENT FOR ALL LIQUID AND SOLID WASTES GENERATED BY WASHOUTOPERATIONS (E.G., CONCRETE, STUCCO, PAINT, FORM RELEASE OILS, CURING COMPOUNDS AND OTHER CONSTRUCTIONMATERIALS) RELATED TO THE CONSTRUCTION ACTIVITY. PERMITTEES MUST PREVENT LIQUID AND SOLID WASHOUT WASTESFROM CONTACTING THE GROUND AND MUST DESIGN THE CONTAINMENT SO IT DOES NOT RESULT IN RUNOFF FROM THEWASHOUT OPERATIONS OR AREAS. PERMITTEES MUST PROPERLY DISPOSE LIQUID AND SOLID WASTES IN COMPLIANCE WITHMPCA RULES. PERMITTEES MUST INSTALL A SIGN INDICATING THE LOCATION OF THE WASHOUT FACILITY. [MINN. R. 7035, MINN.R. 7090]13.1 PERMIT TERMINATION CONDITIONS. [MINN. R. 7090]13.2 PERMITTEES MUST COMPLETE ALL CONSTRUCTION ACTIVITY AND MUST INSTALL PERMANENT COVER OVER ALL AREASPRIOR TO SUBMITTING THE NOT. VEGETATIVE COVER MUST CONSIST OF A UNIFORM PERENNIAL VEGETATION WITH A DENSITYOF 70 PERCENT OF ITS EXPECTED FINAL GROWTH. VEGETATION IS NOT REQUIRED WHERE THE FUNCTION OF A SPECIFIC AREADICTATES NO VEGETATION, SUCH AS IMPERVIOUS SURFACES OR THE BASE OF A SAND FILTER. [MINN. R. 7090]13.3 PERMITTEES MUST CLEAN THE PERMANENT STORMWATER TREATMENT SYSTEM OF ANY ACCUMULATED SEDIMENT ANDMUST ENSURE THE SYSTEM MEETS ALL APPLICABLE REQUIREMENTS IN SECTION 15 THROUGH 19 AND IS OPERATING ASDESIGNED. [MINN. R. 7090]13.4 PERMITTEES MUST REMOVE ALL SEDIMENT FROM CONVEYANCE SYSTEMS PRIOR TO SUBMITTING THE NOT. [MINN. R. 7090]13.5 PERMITTEES MUST REMOVE ALL TEMPORARY SYNTHETIC EROSION PREVENTION AND SEDIMENT CONTROL BMPS PRIORTO SUBMITTING THE NOT. PERMITTEES MAY LEAVE BMPS DESIGNED TO DECOMPOSE ON-SITE IN PLACE. [MINN. R. 7090]13.6 FOR RESIDENTIAL CONSTRUCTION ONLY, PERMIT COVERAGE TERMINATES ON INDIVIDUAL LOTS IF THE STRUCTURES AREFINISHED AND TEMPORARY EROSION PREVENTION AND DOWNGRADIENT PERIMETER CONTROL IS COMPLETE, THE RESIDENCESELLS TO THE HOMEOWNER, AND THE PERMITTEE DISTRIBUTES THE MPCA'S "HOMEOWNER FACT SHEET" TO THEHOMEOWNER. [MINN. R. 7090]13.7 FOR CONSTRUCTION PROJECTS ON AGRICULTURAL LAND (E.G., PIPELINES ACROSS CROPLAND), PERMITTEES MUSTRETURN THE DISTURBED LAND TO ITS PRECONSTRUCTION AGRICULTURAL USE PRIOR TO SUBMITTING THE NOT. [MINN. R. 7090]15.5 PERMITTEES MUST FIRST CONSIDER VOLUME REDUCTION PRACTICES ON-SITE (E.G., INFILTRATION OR OTHER) WHENDESIGNING THE PERMANENT STORMWATER TREATMENT SYSTEM. IF THIS PERMIT PROHIBITS INFILTRATION AS DESCRIBED INITEM 16.14 THROUGH ITEM 16.21, PERMITTEES MAY CONSIDER A WET SEDIMENTATION BASIN, FILTRATION BASIN OR REGIONALPOND. THIS PERMIT DOES NOT CONSIDER WET SEDIMENTATION BASINS AND FILTRATION SYSTEMS TO BE VOLUME REDUCTIONPRACTICES. [MINN. R. 7090]15.6 FOR PROJECTS WHERE THE FULL VOLUME REDUCTION REQUIREMENT CANNOT BE MET ON-SITE, (E.G., THE SITE HASINFILTRATION PROHIBITIONS), PERMITTEES MUST DOCUMENT THE REASONS IN THE SWPPP. [MINN. R. 7090]15.7 PERMITTEES MUST DISCHARGE THE WATER QUALITY VOLUME TO A PERMANENT STORMWATER TREATMENT SYSTEMPRIOR TO DISCHARGE TO A SURFACE WATER. FOR PURPOSES OF THIS ITEM, SURFACE WATERS DO NOT INCLUDE MAN-MADEDRAINAGE SYSTEMS THAT CONVEY STORMWATER TO A PERMANENT STORMWATER TREATMENT SYSTEM. [MINN. R. 7090]15.8 WHERE THE PROXIMITY TO BEDROCK PRECLUDES THE INSTALLATION OF ANY OF THE PERMANENT STORMWATERTREATMENT PRACTICES REQUIRED BY SECTIONS 15 THROUGH 19, PERMITTEES MUST INSTALL OTHER TREATMENT SUCH ASGRASSED SWALES, SMALLER PONDS, OR GRIT CHAMBERS, PRIOR TO THE DISCHARGE OF STORMWATER TO SURFACE WATERS.[MINN. R. 7090]15.9 FOR LINEAR PROJECTS WHERE PERMITTEES CANNOT TREAT THE ENTIRE WATER QUALITY VOLUME WITHIN THE EXISTINGRIGHTOF-WAY, PERMITTEES MUST MAKE A REASONABLE ATTEMPT TO OBTAIN ADDITIONAL RIGHT-OF-WAY, EASEMENT OROTHER PERMISSION FOR STORMWATER TREATMENT DURING THE PROJECT PLANNING PROCESS. DOCUMENTATION OF THESEATTEMPTS MUST BE IN THE SWPPP. PERMITTEES MUST STILL CONSIDER VOLUME REDUCTION PRACTICES FIRST AS DESCRIBEDIN ITEM 15.5. IF PERMITTEES CANNOT OBTAIN ADDITIONAL RIGHT-OF-WAY, EASEMENT OR OTHER PERMISSION, THEY MUSTMAXIMIZE THE TREATMENT OF THE WATER QUALITY VOLUME PRIOR TO DISCHARGE TO SURFACE WATERS. [MINN. R. 7090]16.1 INFILTRATION SYSTEMS. [MINN. R. 7090]16.2 INFILTRATION OPTIONS INCLUDE, BUT ARE NOT LIMITED TO: INFILTRATION BASINS, INFILTRATION TRENCHES, RAINWATERGARDENS, BIORETENTION AREAS WITHOUT UNDERDRAINS, SWALES WITH IMPERMEABLE CHECK DAMS, AND NATURALDEPRESSIONS. IF PERMITTEES UTILIZE AN INFILTRATION SYSTEM TO MEET THE REQUIREMENTS OF THIS PERMIT, THEY MUSTINCORPORATE THE DESIGN PARAMETERS IN ITEM 16.3 THROUGH ITEM 16.21. PERMITTEES MUST FOLLOW THE INFILTRATIONPROHIBITION IN ITEM 16.14 ANYTIME AN INFILTRATION SYSTEM IS DESIGNED, INCLUDING THOSE NOT REQUIRED BY THISPERMIT. [MINN. R. 7090]16.3 PERMITTEES MUST DESIGN INFILTRATION SYSTEMS SUCH THAT PRE-EXISTING HYDROLOGIC CONDITIONS OF WETLANDS INTHE VICINITY ARE NOT IMPACTED (E.G., INUNDATION OR BREACHING A PERCHED WATER TABLE SUPPORTING A WETLAND).[MINN. R. 7090]16.4 PERMITTEES MUST NOT EXCAVATE INFILTRATION SYSTEMS TO FINAL GRADE, OR WITHIN THREE (3) FEET OF FINAL GRADE,UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN CONSTRUCTED AND FULLY STABILIZED UNLESS THEY PROVIDERIGOROUS EROSION PREVENTION AND SEDIMENT CONTROLS (E.G., DIVERSION BERMS) TO KEEP SEDIMENT AND RUNOFFCOMPLETELY AWAY FROM THE INFILTRATION AREA. [MINN. R. 7090]16.5 WHEN EXCAVATING AN INFILTRATION SYSTEM TO WITHIN THREE (3) FEET OF FINAL GRADE, PERMITTEES MUST STAKE OFFAND MARK THE AREA SO HEAVY CONSTRUCTION VEHICLES OR EQUIPMENT DO NOT COMPACT THE SOIL IN THE INFILTRATIONAREA. [MINN. R. 7090]16.6 PERMITTEES MUST USE A PRETREATMENT DEVICE SUCH AS A VEGETATED FILTER STRIP, FOREBAY, OR WATER QUALITYINLET (E.G., GRIT CHAMBER) TO REMOVE SOLIDS, FLOATING MATERIALS, AND OIL AND GREASE FROM THE RUNOFF, TO THEMAXIMUM EXTENT PRACTICABLE, BEFORE THE SYSTEM ROUTES STORMWATER TO THE INFILTRATION SYSTEM. [MINN. R. 7090]16.7 PERMITTEES MUST DESIGN INFILTRATION SYSTEMS TO PROVIDE A WATER QUALITY VOLUME (CALCULATED AS ANINSTANTANEOUS VOLUME) OF ONE (1) INCH OF RUNOFF, OR ONE (1) INCH MINUS THE VOLUME OF STORMWATER TREATED BYANOTHER SYSTEM ON THE SITE, FROM THE NET INCREASE OF IMPERVIOUS SURFACES CREATED BY THE PROJECT. [MINN. R.7090]16.8 PERMITTEES MUST DESIGN THE INFILTRATION SYSTEM TO DISCHARGE ALL STORMWATER (INCLUDING STORMWATER INEXCESS OF THE WATER QUALITY VOLUME) ROUTED TO THE SYSTEM THROUGH THE UPPERMOST SOIL SURFACE ORENGINEERED MEDIA SURFACE WITHIN 48 HOURS. PERMITTEES MUST ROUTE ADDITIONAL FLOWS THAT CANNOT INFILTRATEWITHIN 48 HOURS TO BYPASS THE SYSTEM THROUGH A STABILIZED DISCHARGE POINT. [MINN. R. 7090]16.9 PERMITTEES MUST PROVIDE A MEANS TO VISUALLY VERIFY THE INFILTRATION SYSTEM IS DISCHARGING THROUGH THESOIL SURFACE OR FILTER MEDIA SURFACE WITHIN 48 HOURS OR LESS. [MINN. R. 7090]16.10 PERMITTEES MUST PROVIDE AT LEAST ONE SOIL BORING, TEST PIT OR INFILTROMETER TEST IN THE LOCATION OF THEINFILTRATION PRACTICE FOR DETERMINING INFILTRATION RATES. [MINN. R. 7090]16.11 FOR DESIGN PURPOSES, PERMITTEES MUST DIVIDE FIELD MEASURED INFILTRATION RATES BY 2 AS A SAFETY FACTOR ORPERMITTEES CAN USE SOIL-BORING RESULTS WITH THE INFILTRATION RATE CHART IN THE MINNESOTA STORMWATER MANUALTO DETERMINE DESIGN INFILTRATION RATES. WHEN SOIL BORINGS INDICATE TYPE A SOILS, PERMITTEES SHOULD PERFORMFIELD MEASUREMENTS TO VERIFY THE RATE IS NOT ABOVE 8.3 INCHES PER HOUR. THIS PERMIT PROHIBITS INFILTRATION IFTHE FIELD MEASURED INFILTRATION RATE IS ABOVE 8.3 INCHES PER HOUR. [MINN. R. 7090]16.12 PERMITTEES MUST EMPLOY APPROPRIATE ON-SITE TESTING ENSURE A MINIMUM OF THREE (3) FEET OF SEPARATIONFROM THE SEASONALLY SATURATED SOILS (OR FROM BEDROCK) AND THE BOTTOM OF THE PROPOSED INFILTRATION SYSTEM.[MINN. R. 7090]16.13 PERMITTEES MUST DESIGN A MAINTENANCE ACCESS, TYPICALLY EIGHT (8) FEET WIDE, FOR THE INFILTRATION SYSTEM.[MINN. R. 7090]16.14 THIS PERMIT PROHIBITS PERMITTEES FROM CONSTRUCTING INFILTRATION SYSTEMS THAT RECEIVE RUNOFF FROMVEHICLE FUELING AND MAINTENANCE AREAS INCLUDING CONSTRUCTION OF INFILTRATION SYSTEMS NOT REQUIRED BY THISPERMIT. [MINN. R. 7090]16.15 THIS PERMIT PROHIBITS PERMITTEES FROM CONSTRUCTING INFILTRATION SYSTEMS WHERE INFILTRATING STORMWATERMAY MOBILIZE HIGH LEVELS OF CONTAMINANTS IN SOIL OR GROUNDWATER. PERMITTEES MUST EITHER COMPLETE THEMPCA'S CONTAMINATION SCREENING CHECKLIST OR CONDUCT THEIR OWN ASSESSMENT TO DETERMINE THE SUITABILITY FORINFILTRATION. PERMITTEES MUST RETAIN THE CHECKLIST OR ASSESSMENT WITH THE SWPPP. FOR MORE INFORMATION ANDTO ACCESS THE MPCA'S "CONTAMINATION SCREENING CHECKLIST" SEE THE MINNESOTA STORMWATER MANUAL. [MINN. R.7090]16.16 THIS PERMIT PROHIBITS PERMITTEES FROM CONSTRUCTING INFILTRATION SYSTEMS IN AREAS WHERE SOIL INFILTRATIONRATES ARE FIELD MEASURED AT MORE THAN 8.3 INCHES PER HOUR UNLESS THEY AMEND SOILS TO SLOW THE INFILTRATIONRATE BELOW 8.3 INCHES PER HOUR. [MINN. R. 7090]16.17 THIS PERMIT PROHIBITS PERMITTEES FROM CONSTRUCTING INFILTRATION SYSTEMS IN AREAS WITH LESS THAN THREE(3) FEET OF SEPARATION DISTANCE FROM THE BOTTOM OF THE INFILTRATION SYSTEM TO THE ELEVATION OF THESEASONALLY SATURATED SOILS OR THE TOP OF BEDROCK. [MINN. R. 7090]16.18 THIS PERMIT PROHIBITS PERMITTEES FROM CONSTRUCTING INFILTRATION SYSTEMS IN AREAS OF PREDOMINATELYHYDROLOGIC SOIL GROUP TYPE D SOILS (CLAY). [MINN. R. 7090]16.19 THIS PERMIT PROHIBITS PERMITTEES FROM CONSTRUCTING INFILTRATION SYSTEMS WITHIN A DRINKING WATER SUPPLYMANAGEMENT AREA (DWSMA) AS DEFINED IN MINN. R. 4720.5100, SUBP. 13, IF THE SYSTEM WILL BE LOCATED:A. IN AN EMERGENCY RESPONSE AREA (ERA) WITHIN A DWSMA CLASSIFIED AS HAVING HIGH OR VERY HIGH VULNERABILITYAS DEFINED BY THE MINNESOTA DEPARTMENT OF HEALTH; ORB. IN AN ERA WITHIN A DWSMA CLASSIFIED AS MODERATE VULNERABILITY UNLESS A REGULATED MS4 PERMITTEEPERFORMED OR APPROVED A HIGHER LEVEL OF ENGINEERING REVIEW SUFFICIENT TO PROVIDE A FUNCTIONINGTREATMENT SYSTEM AND TO PREVENT ADVERSE IMPACTS TO GROUNDWATER; ORC. OUTSIDE OF AN ERA WITHIN A DWSMA CLASSIFIED AS HAVING HIGH OR VERY HIGH VULNERABILITY, UNLESS A REGULATEDMS4 PERMITTEE PERFORMED OR APPROVED A HIGHER LEVEL OF ENGINEERING REVIEW SUFFICIENT TO PROVIDE AFUNCTIONING TREATMENT SYSTEM AND TO PREVENT ADVERSE IMPACTS TO GROUNDWATER.SEE "HIGHER LEVEL OF ENGINEERING REVIEW" IN THE MINNESOTA STORMWATER MANUAL FOR MORE INFORMATION. [MINN. R.7090]16.20 THIS PERMIT PROHIBITS PERMITTEES FROM CONSTRUCTING INFILTRATION SYSTEMS IN AREAS WITHIN 1,000 FEETUPGRADIENT OR 100 FEET DOWNGRADIENT OF ACTIVE KARST FEATURES. [MINN. R. 7090]16.21 THIS PERMIT PROHIBITS PERMITTEES FROM CONSTRUCTING INFILTRATION SYSTEMS IN AREAS THAT RECEIVE RUNOFFFROM THE FOLLOWING INDUSTRIAL FACILITIES NOT AUTHORIZED TO INFILTRATE STORMWATER UNDER THE NPDESSTORMWATER PERMIT FOR INDUSTRIAL ACTIVITIES: AUTOMOBILE SALVAGE YARDS; SCRAP RECYCLING AND WASTE RECYCLINGFACILITIES; HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES; OR AIR TRANSPORTATION FACILITIES THATCONDUCT DEICING ACTIVITIES. [MINN. R. 7090]10.1 DEWATERING AND BASIN DRAINING. [MINN. R. 7090]10.2 PERMITTEES MUST DISCHARGE TURBID OR SEDIMENT-LADEN WATERS RELATED TO DEWATERING OR BASIN DRAINING(E.G., PUMPED DISCHARGES, TRENCH/DITCH CUTS FOR DRAINAGE) TO A TEMPORARY OR PERMANENT SEDIMENT BASIN ON THEPROJECT SITE UNLESS INFEASIBLE. PERMITTEES MAY DEWATER TO SURFACE WATERS IF THEY VISUALLY CHECK TO ENSUREADEQUATE TREATMENT HAS BEEN OBTAINED AND NUISANCE CONDITIONS (SEE MINN. R. 7050.0210, SUBP. 2) WILL NOT RESULTFROM THE DISCHARGE. IF PERMITTEES CANNOT DISCHARGE THE WATER TO A SEDIMENTATION BASIN PRIOR TO ENTERING ASURFACE WATER, PERMITTEES MUST TREAT IT WITH APPROPRIATE BMPS SUCH THAT THE DISCHARGE DOES NOT ADVERSELYAFFECT THE SURFACE WATER OR DOWNSTREAM PROPERTIES. [MINN. R. 7050.0210]10.3 IF PERMITTEES MUST DISCHARGE WATER CONTAINING OIL OR GREASE, THEY MUST USE AN OIL-WATER SEPARATOR ORSUITABLE FILTRATION DEVICE (E.G., CARTRIDGE FILTERS, ABSORBENTS PADS) PRIOR TO DISCHARGE. [MINN. R. 7090]10.4 PERMITTEES MUST DISCHARGE ALL WATER FROM DEWATERING OR BASIN-DRAINING ACTIVITIES IN A MANNER THAT DOESNOT CAUSE EROSION OR SCOUR IN THE IMMEDIATE VICINITY OF DISCHARGE POINTS OR INUNDATION OF WETLANDS IN THEIMMEDIATE VICINITY OF DISCHARGE POINTS THAT CAUSES SIGNIFICANT ADVERSE IMPACT TO THE WETLAND. [MINN. R. 7090]10.5 IF PERMITTEES USE FILTERS WITH BACKWASH WATER, THEY MUST HAUL THE BACKWASH WATER AWAY FOR DISPOSAL,RETURN THE BACKWASH WATER TO THE BEGINNING OF THE TREATMENT PROCESS, OR INCORPORATE THE BACKWASH WATERINTO THE SITE IN A MANNER THAT DOES NOT CAUSE EROSION. [MINN. R. 7090]14.1 TEMPORARY SEDIMENT BASINS. [MINN. R. 7090]14.2 WHERE FIVE (5) OR MORE ACRES OF DISTURBED SOIL DRAIN TO A COMMON LOCATION, PERMITTEES MUST PROVIDE ATEMPORARY SEDIMENT BASIN TO PROVIDE TREATMENT OF THE RUNOFF BEFORE IT LEAVES THE CONSTRUCTION SITE ORENTERS SURFACE WATERS. PERMITTEES MAY CONVERT A TEMPORARY SEDIMENT BASIN TO A PERMANENT BASIN AFTERCONSTRUCTION IS COMPLETE. THE TEMPORARY BASIN IS NO LONGER REQUIRED WHEN PERMANENT COVER HAS REDUCEDTHE ACREAGE OF DISTURBED SOIL TO LESS THAN FIVE (5) ACRES DRAINING TO A COMMON LOCATION. [ PROVISIONS TO MINN.R. 7090]14.3 THE TEMPORARY BASIN MUST PROVIDE LIVE STORAGE FOR A CALCULATED VOLUME OF RUNOFF FROM A TWO (2)-YEAR,24-HOUR STORM FROM EACH ACRE DRAINED TO THE BASIN OR 1,800 CUBIC FEET OF LIVE STORAGE PER ACRE DRAINED,WHICHEVER IS GREATER. [MINN. R. 7090]14.4 WHERE PERMITTEES HAVE NOT CALCULATED THE TWO (2)-YEAR, 24-HOUR STORM RUNOFF AMOUNT, THE TEMPORARYBASIN MUST PROVIDE 3,600 CUBIC FEET OF LIVE STORAGE PER ACRE OF THE BASINS' DRAINAGE AREA. [MINN. R. 7090]14.5 PERMITTEES MUST DESIGN BASIN OUTLETS TO PREVENT SHORT-CIRCUITING AND THE DISCHARGE OF FLOATING DEBRIS.[MINN. R. 7090]14.6 PERMITTEES MUST DESIGN THE OUTLET STRUCTURE TO WITHDRAW WATER FROM THE SURFACE TO MINIMIZE THEDISCHARGE OF POLLUTANTS. PERMITTEES MAY TEMPORARILY SUSPEND THE USE OF A SURFACE WITHDRAWAL MECHANISMDURING FROZEN CONDITIONS. THE BASIN MUST INCLUDE A STABILIZED EMERGENCY OVERFLOW TO PREVENT FAILURE OFPOND INTEGRITY. [MINN. R. 7090]14.7 PERMITTEES MUST PROVIDE ENERGY DISSIPATION FOR THE BASIN OUTLET WITHIN 24 HOURS AFTER CONNECTION TO ASURFACE WATER. [MINN. R. 7090]14.8 PERMITTEES MUST LOCATE TEMPORARY BASINS OUTSIDE OF SURFACE WATERS AND ANY BUFFER ZONE REQUIRED INITEM 23.11. [MINN. R. 7090]14.9 PERMITTEES MUST CONSTRUCT THE TEMPORARY BASINS PRIOR TO DISTURBING 10 OR MORE ACRES OF SOIL DRAININGTO A COMMON LOCATION. [MINN. R. 7090]14.10 WHERE A TEMPORARY SEDIMENT BASIN MEETING THE REQUIREMENTS OF ITEM 14.3 THROUGH 14.9 IS INFEASIBLE,PERMITTEES MUST INSTALL EFFECTIVE SEDIMENT CONTROLS SUCH AS SMALLER SEDIMENT BASINS AND/OR SEDIMENT TRAPS,SILT FENCES, VEGETATIVE BUFFER STRIPS OR ANY APPROPRIATE COMBINATION OF MEASURES AS DICTATED BY INDIVIDUALSITE CONDITIONS. IN DETERMINING WHETHER INSTALLING A SEDIMENT BASIN IS INFEASIBLE, PERMITTEES MUST CONSIDERPUBLIC SAFETY AND MAY CONSIDER FACTORS SUCH AS SITE SOILS, SLOPE, AND AVAILABLE AREA ON-SITE. PERMITTEES MUSTDOCUMENT THIS DETERMINATION OF INFEASIBILITY IN THE SWPPP. [MINN. R. 7090]5.1 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) CONTENT [MINN. R. 7090]5.3 THE SWPPP MUST INCORPORATE SPECIFIC BEST MANAGEMENT PRACTICES (BMP) USED TO COMPLY WITH THEREQUIREMENTS OF THIS PERMIT. [MINN. R. 7090]5.4 THE SWPPP MUST INCLUDE A NARRATIVE DESCRIBING THE TIMING FOR INSTALLATION OF ALL EROSION PREVENTION ANDSEDIMENT CONTROL BMPs AND A DESCRIPTION OF THE PERMANENT STORMWATER TREATMENT SYSTEMS. [MINN. R. 7090]5.5 THE SWPPP MUST INCLUDE THE LOCATION AND TYPE OF ALL TEMPORARY AND PERMANENT EROSION PREVENTION ANDSEDIMENT CONTROL BMPS ALONG WITH PROCEDURES USED TO ESTABLISH ADDITIONAL TEMPORARY BMPS AS NECESSARYFOR THE SITE CONDITIONS DURING CONSTRUCTION. STANDARD DETAILS AND/OR SPECIFICATIONS FOR BMPS MUST BEINCLUDED IN THE FINAL PLANS AND SPECIFICATIONS FOR THE PROJECT. [MINN. R. 7090]5.6 THE SWPPP MUST INCLUDE THE CALCULATIONS AND OTHER INFORMATION USED FOR THE DESIGN OF TEMPORARYSEDIMENT BASINS AND ANY OF THE PERMANENT STORMWATER TREATMENT SYSTEMS REQUIRED IN SECTION 15. [MINN. R.7090]5.7 THE SWPPP MUST INCLUDE ESTIMATED QUANTITIES ANTICIPATED AT THE START OF THE PROJECT FOR THE LIFE OF THEPROJECT FOR ALL EROSION PREVENTION AND SEDIMENT CONTROL BMPS (E.G., LINEAR FEET OF SILT FENCE OR SQUARE FEETOF EROSION CONTROL BLANKET). [MINN. R. 7090]5.8 THE SWPPP MUST INCLUDE THE NUMBER OF ACRES OF IMPERVIOUS SURFACE FOR BOTH PRE- AND POST-CONSTRUCTION.[MINN. R. 7090]5.9 THE SWPPP MUST INCLUDE A SITE MAP WITH EXISTING AND FINAL GRADES, INCLUDING DRAINAGE AREA BOUNDARIES,DIRECTIONS OF FLOW AND ALL DISCHARGE POINTS WHERE STORMWATER IS LEAVING THE SITE OR ENTERING A SURFACEWATER.THE SITE MAP MUST INDICATE THE AREAS OF STEEP SLOPES. THE SITE MAP MUST ALSO INCLUDE IMPERVIOUS SURFACES,SOIL TYPES AND LOCATIONS OF POTENTIAL POLLUTANT-GENERATING ACTIVITIES AS IDENTIFIED IN SECTION 12. [MINN. R. 7090]5.10 THE SWPPP MUST INCLUDE A MAP OF ALL SURFACE WATERS, EXISTING WETLANDS, AND STORMWATER PONDS OR BASINSTHAT CAN BE IDENTIFIED ON MAPS SUCH AS UNITED STATES GEOLOGICAL SURVEY 7.5 MINUTE QUADRANGLE MAPS, THENATIONAL WETLAND INVENTORY MAP OR EQUIVALENT MAPS AND ARE WITHIN ONE MILE (AERIAL RADIUS MEASUREMENT)FROM THE PROJECT BOUNDARIES THAT WILL RECEIVE STORMWATER FROM THE CONSTRUCTION SITE, DURING OR AFTERCONSTRUCTION. THE SWPPP MUST IDENTIFY IF THE SURFACE WATERS ARE SPECIAL OR IMPAIRED WATERS. [MINN. R. 7090]5.11 THE SWPPP MUST INCLUDE A SITE MAP SHOWING CONSTRUCTION ACTIVITY AREAS THAT ARE ADJACENT TO AND DRAIN TOPUBLIC WATERS FOR WHICH THE DNR HAS PROMULGATED "WORK IN WATER RESTRICTIONS" DURING SPECIFIED FISHSPAWNING TIME FRAMES. [MINN. R. 7090]5.12 PERMITTEES MUST IDENTIFY LOCATIONS OF 50' BUFFER ZONES AS REQUIRED IN ITEM 9.17 AND 100' PERMANENT BUFFERZONES AS REQUIRED IN ITEM 23.11, ON PLAN SHEETS IN THE SWPPP. [MINN. R. 7090]5.13 IF PERMITTEES DETERMINE COMPLIANCE WITH THE FOLLOWING REQUIREMENTS IS INFEASIBLE, THEY MUST DOCUMENTTHE DETERMINATION IN THE SWPPP:a. TEMPORARY SEDIMENT BASIN AS DESCRIBED IN SECTION 14; ANDb. FOR LINEAR PROJECTS, IF THE PERMANENT STORMWATER TREATMENT SYSTEM CANNOT BE CONSTRUCTED WITHIN THERIGHT-OF-WAY, A REASONABLE ATTEMPT MUST BE MADE TO OBTAIN ADDITIONAL RIGHT-OF-WAY (ITEM 15.9); ANDc. BUFFER ZONES AS DESCRIBED IN ITEM 9.17 AND ITEM 23.11. [MINN. R. 7090]5.14 IF PERMITTEES DETERMINE THAT A TEMPORARY SEDIMENT BASIN IS INFEASIBLE AS DESCRIBED IN ITEM 14.10, THESWPPP MUST DESCRIBE THE ALTERNATIVE BMPS USED. [MINN. R. 7090]5.15 WHERE SYSTEMS CANNOT MEET THE FULL VOLUME REDUCTION REQUIREMENT ON SITE, (E.G., THE SITE HAS INFILTRATIONPROHIBITIONS, SEE ITEM 16.14 THROUGH ITEM 16.21) THE PERMITTEE MUST DOCUMENT THE REASONS IN THE SWPPP.[MINN. R. 7090]5.16 THE SWPPP MUST INCLUDE ANY STORMWATER MITIGATION MEASURES PROPOSED TO BE PART OF THE FINAL PROJECT INANY ENVIRONMENTAL REVIEW DOCUMENT, ENDANGERED SPECIES REVIEW, ARCHEOLOGICAL OR OTHER REQUIRED LOCAL,STATE OR FEDERAL REVIEW CONDUCTED FOR THE PROJECT. FOR PURPOSES OF THIS PERMIT, MITIGATION MEASURES MEANSACTIONS NECESSARY TO AVOID, MINIMIZE, OR MITIGATE FOR IMPACTS RELATED TO EROSION PREVENTION, SEDIMENTCONTROL, THE PERMANENT STORMWATER TREATMENT SYSTEM, POLLUTION PREVENTION MANAGEMENT MEASURES ANDDISCHARGES ASSOCIATED WITH THE PROJECT'S CONSTRUCTION ACTIVITY. [MINN. R. 7090]5.17 THE SWPPP MUST DESCRIBE THE METHODS USED FOR PERMANENT COVER OF ALL EXPOSED SOIL AREAS. [MINN. R. 7090]5.18 PERMITTEES MUST IDENTIFY THE LOCATIONS OF AREAS WHERE CONSTRUCTION WILL BE PHASED TO MINIMIZE THEDURATION OF EXPOSED SOIL AREAS IN THE SWPPP. [MINN. R. 7090]5.19 FOR PROJECTS WITH A DISCHARGE POINT ON THE PROJECT WITHIN ONE (1) MILE (AERIAL RADIUS MEASUREMENT) OF ANDWHICH FLOWS TO AN IMPAIRED WATER, PERMITTEES MUST IDENTIFY THE IMPAIRED WATER(S), AND ANY UNITED STATESENVIRONMENTAL PROTECTION AGENCY (USEPA)-APPROVED TOTAL MAXIMUM DAILY LOAD (TMDL) FOR THEPOLLUTANT(S) OR STRESSOR(S) DESCRIBED IN ITEM 23.7. PERMITTEES' IDENTIFICATION MUST INCLUDE THOSE TMDLSAPPROVED AT ANY TIME PRIOR TO PERMIT APPLICATION SUBMITTAL AND ARE STILL IN EFFECT. [MINN. R. 7090]5.20 PERMITTEES MUST DOCUMENT IN THE SWPPP, ALL TRAINED INDIVIDUALS IDENTIFIED IN ITEM 21.2. DOCUMENTATIONMUST INCLUDE:a.NAMES OF PERSONNEL REQUIRED TO BE TRAINED; ANDb.DATES OF TRAINING AND NAME OF INSTRUCTOR(S) AND ENTITY PROVIDING TRAINING; ANDc.CONTENT OF TRAINING COURSE.IF PERMITTEES DO NOT KNOW THE NAMES OF THE INDIVIDUALS AT THE TIME OF APPLICATION, THE PERMITTEES MUSTENSURE THEY DOCUMENT TRAINING BEFORE CONSTRUCTION ACTIVITY COMMENCES. [MINN. R. 7090]5.21 THE SWPPP MUST IDENTIFY A PERSON KNOWLEDGEABLE AND EXPERIENCED IN THE APPLICATION OF EROSIONPREVENTION AND SEDIMENT CONTROL BMPS WHO WILL COORDINATE WITH ALL CONTRACTORS, SUBCONTRACTORS, ANDOPERATORS ON-SITE TO OVERSEE THE IMPLEMENTATION OF THE SWPPP. [MINN. R. 7090]5.22 THE SWPPP MUST DESCRIBE ANY SPECIFIC CHEMICALS AND CHEMICAL TREATMENT SYSTEMS USED FOR ENHANCING THESEDIMENTATION PROCESS AND HOW IT ACHIEVES COMPLIANCE WITH ITEM 9.18. [MINN. R. 7090]5.23 THE SWPPP MUST IDENTIFY THE PERSON(S), ORGANIZATIONS, OR ENTITIES RESPONSIBLE FOR LONG-TERM OPERATIONAND MAINTENANCE OF PERMANENT STORMWATER TREATMENT SYSTEMS. [MINN. R. 7090]5.24 THE SWPPP MUST DESCRIBE METHODS TO MINIMIZE SOIL COMPACTION AND PRESERVE TOPSOIL. MINIMIZING SOILCOMPACTION IS NOT REQUIRED WHERE THE FUNCTION OF A SPECIFIC AREA DICTATES COMPACTION. [MINN. R. 7090]5.25 THE SWPPP MUST INCLUDE ANY SITE ASSESSMENTS FOR GROUNDWATER OR SOIL CONTAMINATION REQUIRED IN ITEM16.15.[MINN. R. 7090]5.26 THE SWPPP MUST ACCOUNT FOR THE FOLLOWING FACTORS IN DESIGNING TEMPORARY EROSION PREVENTION ANDSEDIMENT CONTROL BMPS:a.THE EXPECTED AMOUNT, FREQUENCY, INTENSITY, AND DURATION OF PRECIPITATION; ANDb.THE NATURE OF STORMWATER RUNOFF AND RUN-ON AT THE SITE, INCLUDING FACTORS SUCH AS EXPECTED FLOW FROMIMPERVIOUS SURFACES, SLOPES, AND SITE DRAINAGE FEATURES; ANDc.THE STORMWATER VOLUME, VELOCITY, AND PEAK FLOWRATES TO MINIMIZE DISCHARGE OF POLLUTANTS INSTORMWATER AND TO MINIMIZE CHANNEL AND STREAMBANK EROSION AND SOUR IN THE IMMEDIATE VICINITY OF DISCHARGEPOINTS; ANDd.THE RANGE OF SOIL PARTICLES SIZES EXPECTED TO BE PRESENT. [ MINN. R. 7090]11.1 INSPECTIONS AND MAINTENANCE. [MINN. R. 7090]11.2 PERMITTEES MUST ENSURE A TRAINED PERSON, AS IDENTIFIED IN ITEM 21.2.B, WILL INSPECT THE ENTIRE CONSTRUCTIONSITE AT LEAST ONCE EVERY SEVEN (7) DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24 HOURS AFTER A RAINFALL EVENTGREATER THAN 1/2 INCH IN 24 HOURS. [MINN. R. 7090]11.3 PERMITTEES MUST INSPECT AND MAINTAIN ALL PERMANENT STORMWATER TREATMENT BMPS. [MINN. R. 7090]11.4 PERMITTEES MUST INSPECT ALL EROSION PREVENTION AND SEDIMENT CONTROL BMPS AND POLLUTION PREVENTIONMANAGEMENT MEASURES TO ENSURE INTEGRITY AND EFFECTIVENESS. PERMITTEES MUST REPAIR, REPLACE OR SUPPLEMENTALL NONFUNCTIONAL BMPS WITH FUNCTIONAL BMPS BY THE END OF THE NEXT BUSINESS DAY AFTER DISCOVERY UNLESSANOTHER TIME FRAME IS SPECIFIED IN ITEM 11.5 OR 11.6. PERMITTEES MAY TAKE ADDITIONAL TIME IF FIELD CONDITIONSPREVENT ACCESS TO THE AREA. [MINN. R. 7090]11.5 DURING EACH INSPECTION, PERMITTEES MUST INSPECT SURFACE WATERS, INCLUDING DRAINAGE DITCHES ANDCONVEYANCE SYSTEMS BUT NOT CURB AND GUTTER SYSTEMS, FOR EVIDENCE OF EROSION AND SEDIMENT DEPOSITION.PERMITTEES MUST REMOVE ALL DELTAS AND SEDIMENT DEPOSITED IN SURFACE WATERS, INCLUDING DRAINAGE WAYS,CATCH BASINS, AND OTHER DRAINAGE SYSTEMS AND RESTABILIZE THE AREAS WHERE SEDIMENT REMOVAL RESULTS INEXPOSED SOIL. PERMITTEES MUST COMPLETE REMOVAL AND STABILIZATION WITHIN SEVEN (7) CALENDAR DAYS OFDISCOVERY UNLESS PRECLUDED BY LEGAL, REGULATORY, OR PHYSICAL ACCESS CONSTRAINTS. PERMITTEES MUST USE ALLREASONABLE EFFORTS TO OBTAIN ACCESS. IF PRECLUDED, REMOVAL AND STABILIZATION MUST TAKE PLACE WITHIN SEVEN (7)DAYS OF OBTAINING ACCESS. PERMITTEES ARE RESPONSIBLE FOR CONTACTING ALL LOCAL, REGIONAL, STATE AND FEDERALAUTHORITIES AND RECEIVING ANY APPLICABLE PERMITS, PRIOR TO CONDUCTING ANY WORK IN SURFACE WATERS. [MINN. R.7090]11.6 PERMITTEES MUST INSPECT CONSTRUCTION SITE VEHICLE EXIT LOCATIONS, STREETS AND CURB AND GUTTER SYSTEMSWITHIN AND ADJACENT TO THE PROJECT FOR SEDIMENTATION FROM EROSION OR TRACKED SEDIMENT FROM VEHICLES.PERMITTEES MUST REMOVE SEDIMENT FROM ALL PAVED SURFACES WITHIN ONE (1) CALENDAR DAY OF DISCOVERY OR, IFAPPLICABLE, WITHIN A SHORTER TIME TO AVOID A SAFETY HAZARD TO USERS OF PUBLIC STREETS. [MINN. R. 7090]15.1 PERMANENT STORMWATER TREATMENT SYSTEM. [MINN. R. 7090]15.2 PERMITTEES MUST DESIGN THE PROJECT SO ALL STORMWATER DISCHARGED FROM THE PROJECT DURING AND AFTERCONSTRUCTION ACTIVITIES DOES NOT CAUSE A VIOLATION OF STATE WATER QUALITY STANDARDS, INCLUDING NUISANCECONDITIONS, EROSION IN RECEIVING CHANNELS OR ON DOWNSLOPE PROPERTIES, OR A SIGNIFICANT ADVERSE IMPACT TOWETLANDS CAUSED BY INUNDATION OR DECREASE OF FLOW. [MINN. R. 7090]15.3 PERMITTEES MUST DESIGN AND CONSTRUCT A PERMANENT STORMWATER TREATMENT SYSTEM TO TREAT THE WATERQUALITY VOLUME IF THE PROJECT'S ULTIMATE DEVELOPMENT REPLACES VEGETATION AND/OR OTHER PERVIOUS SURFACESCREATING A NET INCREASE OF ONE (1) OR MORE ACRES OF CUMULATIVE IMPERVIOUS SURFACE. [MINN. R. 7090]15.4 PERMITTEES MUST CALCULATE THE WATER QUALITY VOLUME AS ONE (1) INCH TIMES THE NET INCREASE OF IMPERVIOUSSURFACES CREATED BY THE PROJECT. [MINN. R. 7090]15.5 PERMITTEES MUST FIRST CONSIDER VOLUME REDUCTION PRACTICES ON-SITE (E.G., INFILTRATION OR OTHER) WHENDESIGNING THE PERMANENT STORMWATER TREATMENT SYSTEM. IF THIS PERMIT PROHIBITS INFILTRATION AS DESCRIBED INITEM 16.14 THROUGH ITEM 16.21, PERMITTEES MAY CONSIDER A WET SEDIMENTATION BASIN, FILTRATION BASIN OR REGIONALPOND. THIS PERMIT DOES NOT CONSIDER WET SEDIMENTATION BASINS AND FILTRATION SYSTEMS TO BE VOLUME REDUCTIONPRACTICES. [MINN. R. 7090]17.1 FILTRATION SYSTEMS. [MINN. R. 7090]17.2 FILTRATION OPTIONS INCLUDE, BUT ARE NOT LIMITED TO: SAND FILTERS WITH UNDERDRAINS, BIOFILTRATION AREAS,SWALES USING UNDERDRAINS WITH IMPERMEABLE CHECK DAMS AND UNDERGROUND SAND FILTERS. IF PERMITTEES UTILIZE AFILTRATION SYSTEM TO MEET THE PERMANENT STORMWATER TREATMENT REQUIREMENTS OF THIS PERMIT, THEY MUSTCOMPLY WITH ITEMS 17.3 THROUGH 17.11. [MINN. R. 7090]17.3 PERMITTEES MUST NOT INSTALL FILTER MEDIA UNTIL THEY CONSTRUCT AND FULLY STABILIZE THE CONTRIBUTINGDRAINAGE AREA UNLESS THEY PROVIDE RIGOROUS EROSION PREVENTION AND SEDIMENT CONTROLS (E.G., DIVERSIONBERMS) TO KEEP SEDIMENT AND RUNOFF COMPLETELY AWAY FROM THE FILTRATION AREA. [MINN. R. 7090]17.4 PERMITTEES MUST DESIGN FILTRATION SYSTEMS TO REMOVE AT LEAST 80 PERCENT OF TSS. [MINN. R. 7090]17.5 PERMITTEES MUST USE A PRETREATMENT DEVICE SUCH AS A VEGETATED FILTER STRIP, SMALL SEDIMENTATION BASIN,WATER QUALITY INLET, FOREBAY OR HYDRODYNAMIC SEPARATOR TO REMOVE SETTLEABLE SOLIDS, FLOATING MATERIALS,AND OILS AND GREASE FROM THE RUNOFF, TO THE MAXIMUM EXTENT PRACTICABLE, BEFORE RUNOFF ENTERS THEFILTRATION SYSTEM. [MINN. R. 7090]17.6 PERMITTEES MUST DESIGN FILTRATION SYSTEMS TO TREAT A WATER QUALITY VOLUME (CALCULATED AS ANINSTANTANEOUS VOLUME) OF ONE (1) INCH OF RUNOFF, OR ONE (1) INCH MINUS THE VOLUME OF STORMWATER TREATED BYANOTHER SYSTEM ON THE SITE, FROM THE NET INCREASE OF IMPERVIOUS SURFACES CREATED BY THE PROJECT. [MINN. R.7090]17.7 PERMITTEES MUST DESIGN THE FILTRATION SYSTEM TO DISCHARGE ALL STORMWATER (INCLUDING STORMWATER INEXCESS OF THE WATER QUALITY VOLUME) ROUTED TO THE SYSTEM THROUGH THE UPPERMOST SOIL SURFACE ORENGINEERED MEDIA SURFACE WITHIN 48 HOURS. ADDITIONAL FLOWS THAT THE SYSTEM CANNOT FILTER WITHIN 48 HOURSMUST BYPASS THE SYSTEM OR DISCHARGE THROUGH AN EMERGENCY OVERFLOW. [MINN. R. 7090]17.8 PERMITTEES MUST DESIGN THE FILTRATION SYSTEM TO PROVIDE A MEANS TO VISUALLY VERIFY THE SYSTEM ISDISCHARGING THROUGH THE SOIL SURFACE OR FILTER MEDIA WITHIN 48 HOURS. [MINN. R. 7090]17.9 PERMITTEES MUST EMPLOY APPROPRIATE ON-SITE TESTING TO ENSURE A MINIMUM OF THREE (3) FEET OF SEPARATIONBETWEEN THE SEASONALLY SATURATED SOILS (OR FROM BEDROCK) AND THE BOTTOM OF THE PROPOSED FILTRATIONSYSTEM. [MINN. R. 7090]17.10 PERMITTEES MUST ENSURE THAT FILTRATION SYSTEMS WITH LESS THAN THREE (3) FEET OF SEPARATION BETWEENSEASONALLY SATURATED SOILS OR FROM BEDROCK ARE CONSTRUCTED WITH AN IMPERMEABLE LINER. [MINN. R. 7090]17.11 THE PERMITTEES MUST DESIGN A MAINTENANCE ACCESS, TYPICALLY EIGHT (8) FEET WIDE, FOR THE FILTRATION SYSTEM.[MINN. R. 7090]APPLE ACADEMY DAY CARE 5.01.2019SITE PLANNING& ENGINEERINGSUITE 1106776 LAKE DRIVELINO LAKES, MN 55014PHONE: (651) 361-8210FAX: (651) 361-8701STORM WATER POLLUTION PREVENTION PLANENGINEERING, INC.PLOWEC6.2HUGO, MINNESOTA LIC. NO.DATE: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.ORIGINAL DATE:PROJ. NO.DESIGN BY:CHCKD BY:DRAWN BY:A.AC.W.P.19-1828A.Q.AFEBRUARY 09, 2019PREPARED FOR:PRE L I M I N A R YCLASSICCONSTRUCTIONCHARLES W. PLOWE 18227STORM WATER POLLUTION PREVENTION PLANAPPLE ACADEMY DAY CAREREVISION DESCRIPTIONDATE S:\plowe\cad\19proj\19-1828 APPLE ACADEMY DAY CARE\19-1828 CAD\19-1828 BASE 8 (AA).dwg 5/1/2019 18.1 WET SEDIMENTATION BASIN. [MINN. R. 7090]18.2 PERMITTEES USING A WET SEDIMENTATION BASIN TO MEET THE PERMANENT STORMWATER TREATMENT REQUIREMENTSOF THIS PERMIT MUST INCORPORATE THE DESIGN PARAMETERS IN ITEM 18.3 THROUGH 18.10. [MINN. R. 7090]18.3 PERMITTEES MUST DESIGN THE BASIN TO HAVE A PERMANENT VOLUME OF 1,800 CUBIC FEET OF STORAGE BELOW THEOUTLET PIPE FOR EACH ACRE THAT DRAINS TO THE BASIN. THE BASIN'S PERMANENT VOLUME MUST REACH A MINIMUM DEPTHOF AT LEAST THREE (3) FEET AND MUST HAVE NO DEPTH GREATER THAN 10 FEET. PERMITTEES MUST CONFIGURE THE BASINTO MINIMIZE SCOUR OR RESUSPENSION OF SOLIDS. [MINN. R. 7090]18.4 PERMITTEES MUST DESIGN THE BASIN TO PROVIDE LIVE STORAGE FOR A WATER QUALITY VOLUME (CALCULATED AS ANINSTANTANEOUS VOLUME) OF ONE (1) INCH OF RUNOFF, OR ONE (1) INCH MINUS THE VOLUME OF STORMWATER TREATED BYANOTHER SYSTEM ON THE SITE, FROM THE NET INCREASE IN IMPERVIOUS SURFACES CREATED BY THE PROJECT. [MINN. R.7090]18.5 PERMITTEES MUST DESIGN BASIN OUTLETS SO THE WATER QUALITY VOLUME DISCHARGES AT NO MORE THAN 5.66 CUBICFEET PER SECOND (CFS) PER ACRE OF SURFACE AREA OF THE BASIN. [MINN. R. 7090]18.6 PERMITTEES MUST DESIGN BASIN OUTLETS TO PREVENT SHORT-CIRCUITING AND THE DISCHARGE OF FLOATING DEBRIS.BASIN OUTLETS MUST HAVE ENERGY DISSIPATION. [MINN. R. 7090]18.7 PERMITTEES MUST DESIGN THE BASIN TO INCLUDE A STABILIZED EMERGENCY OVERFLOW TO ACCOMMODATE STORMEVENTS IN EXCESS OF THE BASIN'S HYDRAULIC DESIGN. [MINN. R. 7090]18.8 PERMITTEES MUST DESIGN A MAINTENANCE ACCESS, TYPICALLY EIGHT (8) FEET WIDE, FOR THE BASIN. [MINN. R. 7090]18.9 PERMITTEES MUST LOCATE BASINS OUTSIDE OF SURFACE WATERS AND ANY BUFFER ZONE REQUIRED IN ITEM 23.11.PERMITTEES MUST DESIGN BASINS TO AVOID DRAINING WATER FROM WETLANDS UNLESS THE IMPACT TO THE WETLANDCOMPLIES WITH THE REQUIREMENTS OF SECTION 22. [MINN. R. 7090]18.10 PERMITTEES MUST DESIGN BASINS USING AN IMPERMEABLE LINER IF LOCATED WITHIN ACTIVE KARST TERRAIN. [MINN. R.7090]19.1 REGIONAL WET SEDIMENTATION BASINS. [MINN. R. 7090]19.2 WHEN THE ENTIRE WATER QUALITY VOLUME CANNOT BE RETAINED ONSITE, PERMITTEES CAN USE OR CREATE REGIONALWET SEDIMENTATION BASINS PROVIDED THEY ARE CONSTRUCTED BASINS, NOT A NATURAL WETLAND OR WATER BODY,(WETLANDS USED AS REGIONAL BASINS MUST BE MITIGATED FOR, SEE SECTION 22). THE OWNER MUST ENSURE THE REGIONALBASIN CONFORMS TO ALL REQUIREMENTS FOR A WET SEDIMENTATION BASIN AS DESCRIBED IN ITEMS 18.3 THROUGH 18.10AND MUST BE LARGE ENOUGH TO ACCOUNT FOR THE ENTIRE AREA THAT DRAINS TO THE REGIONAL BASIN. PERMITTEES MUSTVERIFY THAT THE REGIONAL BASIN WILL DISCHARGE AT NO MORE THAN 5.66 CFS PER ACRE OF SURFACE AREA OF THE BASINAND MUST PROVIDE A LIVE STORAGE VOLUME OF ONE INCH TIMES ALL THE IMPERVIOUS AREA DRAINING TO THE BASIN.PERMITTEES CANNOT SIGNIFICANTLY DEGRADE WATERWAYS BETWEEN THE PROJECT AND THE REGIONAL BASIN. THE OWNERMUST OBTAIN WRITTEN AUTHORIZATION FROM THE APPLICABLE LGU OR PRIVATE ENTITY THAT OWNS AND MAINTAINS THEREGIONAL BASIN. [MINN. R. 7090]20.1 SWPPP AVAILABILITY. [MINN. R. 7090]20.2 PERMITTEES MUST KEEP THE SWPPP, INCLUDING ALL CHANGES TO IT, AND INSPECTIONS AND MAINTENANCE RECORDS ATTHE SITE DURING NORMAL WORKING HOURS BY PERMITTEES WHO HAVE OPERATIONAL CONTROL OF THAT PORTION OF THESITE. [MINN. R. 7090]21.1 TRAINING REQUIREMENTS. [MINN. R. 7090]21.2 PERMITTEES MUST ENSURE ALL OF THE FOLLOWING INDIVIDUALS RECEIVE TRAINING AND THE CONTENT AND EXTENT OFTHE TRAINING IS COMMENSURATE WITH THE INDIVIDUAL'S JOB DUTIES AND RESPONSIBILITIES WITH REGARD TO ACTIVITIESCOVERED UNDER THIS PERMIT:A. INDIVIDUALS PREPARING THE SWPPP FOR THE PROJECT.B. INDIVIDUALS OVERSEEING IMPLEMENTATION OF, REVISING AND/OR AMENDING THE SWPPP AND INDIVIDUALS PERFORMINGINSPECTIONS FOR THE PROJECT. ONE OF THESE INDIVIDUALS MUST BE AVAILABLE FOR AN ONSITE INSPECTION WITHIN 72HOURS UPON REQUEST BY THE MPCA.C. INDIVIDUALS PERFORMING OR SUPERVISING THE INSTALLATION, MAINTENANCE AND REPAIR OF BMPS. [MINN. R. 7090]21.3 PERMITTEES MUST ENSURE INDIVIDUALS IDENTIFIED IN SECTION 21 RECEIVE TRAINING FROM LOCAL, STATE, FEDERALAGENCIES, PROFESSIONAL ORGANIZATIONS, OR OTHER ENTITIES WITH EXPERTISE IN EROSION PREVENTION, SEDIMENTCONTROL, PERMANENT STORMWATER TREATMENT AND THE MINNESOTA NPDES/SDS CONSTRUCTION STORMWATER PERMIT.PERMITTEES MUST ENSURE THESE INDIVIDUALS ATTEND A REFRESHER-TRAINING COURSE EVERY THREE (3) YEARS. [MINN. R.7090]23.1 ADDITIONAL REQUIREMENTS FOR DISCHARGES TO SPECIAL (PROHIBITED, RESTRICTED, OTHER)AND IMPARIED WATERS. [MINN. R. 7090]23.6 DISCHARGES TO THE TROUT STREAMS (OTHER SPECIAL WATER) LISTED IN MINN. R. 6264.0050,SUBP. 4 MUST INCORPORATETHE BMPS OUTLINED IN ITEMS 23.9, 23.10, 23.11, AND 23.12. [MINN.R.6264.0050, SUBP. 4]23.9 PERMITTEES MUST IMMEDIATELY INITIATE STABILIZATION OF EXPOSED SOIL AREAS, AS DESCRIBED IN ITEM 8.4 ANDCOMPLETE STABILIZATION WITHIN SEVEN (7) CALENDAR DAYS AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OF THESITE TEMPORARILY OR PERMANENTLY CEASES. [MINN. R. 7090]23.10 PERMITTEES MUST PROVIDE A TEMPORARY SEDIMENT BASIN AS DESCRIBED IN SECTION 14 FOR COMMON DRAINAGELOCATIONS THAT SERVE AN AREA WITH FIVE (5) OR MORE ACRES DISTURBED AT ONE TIME. [MINN.R. 7090]23.11 PERMITTEES MUST INCLUDE AN UNDISTURBED BUFFER ZONE OF NOT LESS THAN 100 LINEAR FEET FROM A SPECIALWATER (NOT INCLUDING TRIBUTARIES) AND MUST MAINTAIN THIS BUFFER ZONE AT ALL TIMES, BOTH DURING CONSTRUCTIONAND AS A PERMANENT FEATURE POST CONSTRUCTION, EXCEPT WHERE A WATER CROSSING OR OTHER ENCROACHMENT ISNECESSARY TO COMPLETE THE PROJECT. PERMITTEES MUST FULLY DOCUMENT THE CIRCUMSTANCE AND REASONS THEBUFFER ENCROACHMENT IS NECESSARY IN THE SWPPP AND INCLUDE RESTORATION ACTIVITIES. THIS PERMIT ALLOWSREPLACEMENT OF EXISTING IMPERVIOUS SURFACE WITHIN THE BUFFER. PERMITTEES MUST MINIMIZE ALL POTENTIAL WATERQUALITY, SCENIC AND OTHER ENVIRONMENTAL IMPACTS OF THESE EXCEPTIONS BY THE USE OF ADDITIONAL OR REDUNDANT(DOUBLE) BMPS AND MUST DOCUMENT THIS IN THE SWPPP FOR THE PROJECT. [ MINN. R. 7090]23.12 PERMITTEES MUST DESIGN THE PERMANENT STORMWATER TREATMENT SYSTEM SO THE DISCHARGE FROM THE PROJECTMINIMIZES ANY INCREASE IN THE TEMPERATURE OF TROUT STREAMS RESULTING FROM THE ONE (1) AND TWO (2) YEAR 24-HOURPRECIPITATION EVENTS. THIS INCLUDES ALL TRIBUTARIES OF DESIGNATED TROUT STREAMS LOCATED WITHIN THE SAME PUBLICLAND SURVEY SYSTEM (PLSS) SECTION. PERMITTEES MUST INCORPORATE ONE OR MORE OF THE FOLLOWING MEASURES, INORDER OF PREFERENCE;a. PROVIDE STORMWATER INFILTRATION OR OTHER VOLUME REDUCTION PRACTICES AS DESCRIBED IN ITEM 15.4 AND 15.5, TOREDUCE RUNOFF. INFILTRATION SYSTEMS MUST DISCHARGE ALL STORMWATER ROUTED TO THE SYSTEM WITHIN 24 HOURS.b. PROVIDE STORMWATER FILTRATION AS DESCRIBED IN SECTION 17. FILTRATION SYSTEMS MUST DISCHARGE ALLSTORMWATER ROUTED TO THE SYSTEM WITHIN 24 HOURS.c. MINIMIZE THE DISCHARGE FROM CONNECTED IMPERVIOUS SURFACED BY DISCHARGING TO VEGETATED AREAS, OR GRASSSWALES, AND THROUGH THE USE OF NON-STRUCTURAL CONTROLS.d. IF PONDING IS USED, THE DESIGN MUST INCLUDE AN APPROPRIATE COMBINATION OF MEASURES SUCH AS SHADING,VEGETATED SWALE DISCHARGES OR CONSTRUCTED WETLAND TREATMENT CELLS THAT LIMIT TEMPERATURE INCREASES . THEPOND MUST BE DESIGNED AS A DRY POND AND SHOULD DRAW DOWN IN 24 HOURS OR LESS.e. OTHER METHODS THAT MINIMIZE ANY INCREASE IN THE TEMPERATURE OF THE TROUT STREAM. [MINN. R. 7090]24.1 GENERAL PROVISIONS. [MINN. R. 7090]24.2 IF THE MPCA DETERMINES THAT AN INDIVIDUAL PERMIT WOULD MORE APPROPRIATELY REGULATE THE CONSTRUCTIONACTIVITY, THE MPCA MAY REQUIRE AN INDIVIDUAL PERMIT TO CONTINUE THE CONSTRUCTION ACTIVITY. COVERAGE UNDERTHIS GENERAL PERMIT WILL REMAIN IN EFFECT UNTIL THE MPCA ISSUES AN INDIVIDUAL PERMIT. [MINN. R. 7001.0210, SUBP. 6]24.3 IF THE PERMITTEE CANNOT MEET THE TERMS AND CONDITIONS OF THIS GENERAL PERMIT, AN OWNER MAY REQUEST ANINDIVIDUAL PERMIT, IN ACCORDANCE WITH MINN. R. 7001.0210 SUBP. 6. [MINN. R. 7001.0210, SUBP. 6]24.4 ANY INTERESTED PERSON MAY PETITION THE MPCA TO REQUIRE AN INDIVIDUAL NPDES/SDS PERMIT IN ACCORDANCEWITH 40 CFR 122.28(B)(3). [40 CFR 122.29(B)(3)]24.5 PERMITTEES MUST MAKE THE SWPPP, INCLUDING ALL INSPECTION REPORTS, MAINTENANCE RECORDS, TRAININGRECORDS AND OTHER INFORMATION REQUIRED BY THIS PERMIT, AVAILABLE TO FEDERAL, STATE, AND LOCAL OFFICIALSWITHIN THREE (3) DAYS UPON REQUEST FOR THE DURATION OF THE PERMIT AND FOR THREE (3) YEARS FOLLOWING THE NOT.[MINN. R. 7090]24.6 PERMITTEES MAY NOT ASSIGN OR TRANSFER THIS PERMIT EXCEPT WHEN THE TRANSFER OCCURS IN ACCORDANCE WITHTHE APPLICABLE REQUIREMENTS OF ITEM 3.7 AND 3.8. [MINN. R. 7090]24.7 NOTHING IN THIS PERMIT MUST BE CONSTRUED TO RELIEVE THE PERMITTEES FROM CIVIL OR CRIMINAL PENALTIES FORNONCOMPLIANCE WITH THE TERMS AND CONDITIONS PROVIDED HEREIN. NOTHING IN THIS PERMIT MUST BE CONSTRUED TOPRECLUDE THE INITIATION OF ANY LEGAL ACTION OR RELIEVE THE PERMITTEES FROM ANY RESPONSIBILITIES, LIABILITIES, ORPENALTIES TO WHICH THE PERMITTEES IS/ARE OR MAY BE SUBJECT TO UNDER SECTION 311 OF THE CLEAN WATER ACT ANDMINN. STAT. SECT. 115 AND 116, AS AMENDED. PERMITTEES ARE NOT LIABLE FOR PERMIT REQUIREMENTS FOR ACTIVITIESOCCURRING ON THOSE PORTIONS OF A SITE WHERE THE PERMIT HAS BEEN TRANSFERRED TO ANOTHER PARTY AS REQUIREDIN ITEM 3.7 OR THE PERMITTEES HAVE SUBMITTED THE NOT AS REQUIRED IN SECTION 4. [MINN. R. 7090]24.8 THE PROVISIONS OF THIS PERMIT ARE SEVERABLE. IF ANY PROVISION OF THIS PERMIT OR THE APPLICATION OF ANYPROVISION OF THIS PERMIT TO ANY CIRCUMSTANCES IS HELD INVALID, THE APPLICATION OF SUCH PROVISION TO OTHERCIRCUMSTANCES, AND THE REMAINDER OF THIS PERMIT MUST NOT BE AFFECTED THEREBY. [MINN. R. 7090]24.9 THE PERMITTEES MUST COMPLY WITH THE PROVISIONS OF MINN. R. 7001.0150, SUBP. 3 AND MINN. R. 7001.1090, SUBP. 1(A),1(B), 1(C), 1(H), 1(I), 1(J), 1(K), AND 1(L). [MINN. R. 7090]24.10 THE PERMITTEES MUST ALLOW ACCESS AS PROVIDED IN 40 CFR 122.41(I) AND MINN. STAT. SECT. 115.04. THE PERMITTEESMUST ALLOW REPRESENTATIVES OF THE MPCA OR ANY MEMBER, EMPLOYEE OR AGENT THEREOF, WHEN AUTHORIZED BY IT,UPON PRESENTATION OF CREDENTIALS, TO ENTER UPON ANY PROPERTY, PUBLIC OR PRIVATE, FOR THE PURPOSE OFOBTAINING INFORMATION OR EXAMINATION OF RECORDS OR CONDUCTING SURVEYS OR INVESTIGATIONS. [40 CFR 122.41(I)]24.11 FOR THE PURPOSES OF MINN. R. 7090 AND OTHER DOCUMENTS THAT REFERENCE SPECIFIC SECTIONS OF THIS PERMIT,"STORMWATER DISCHARGE DESIGN REQUIREMENTS" CORRESPONDS TO SECTIONS 5, 6 AND 14 THROUGH 21; "CONSTRUCTIONACTIVITY REQUIREMENTS" CORRESPONDS TO SECTIONS 7 THROUGH 13; AND "APPENDIX A" CORRESPONDS TO SECTIONS 22AND 23. [MINN. R. 7090]A.INDIVIDUAL WHO PREPARED THE SWPPP:B.INDIVIDUAL(S) OVERSEEING IMPLEMENTATION OF, REVISING AND/OR AMENDING THESWPPP AND INDIVIDUALS PERFORMING INSPECTIONS FOR THE PROJECT. ONE OFTHESE INDIVIDUALS MUST BE AVAILABLE FOR AN ONSITE INSPECTION WITHIN 72HOURS UPON REQUEST BY THE MPCA. [MINN. R. 7090]C.INDIVIDUAL(S) PERFORMING OR SUPERVISING THE INSTALLATION, MAINTENANCE ANDREPAIR OF BMPS. [MINN. R. 7090]NAME_______________________________________COMPANY_______________________________________ADDRESS 1_______________________________________ADDRESS 2_______________________________________PHONE_______________________________________EMAIL_______________________________________CHARLES W. PLOWEPLOWE ENGINEERING, INC.6776 LAKE DRIVELINO LAKES MN 55014(651) 361-8234chuck@plowe.comDOCUMENTATION OF TRAINED INDIVIDUALS""OPERATOR" MEANS THE PERSON (USUALLY THE GENERAL CONTRACTOR), FIRM,GOVERNMENTAL AGENCY, OR OTHER ENTITY DESIGNATED BY THE OWNER WHO HAS DAYTO DAY OPERATIONAL CONTROL AND/OR THE ABILITY TO MODIFY PROJECT PLANS ANDSPECIFICATIONS RELATED TO THE SWPPP. THE PERMIT APPLICATION MUST LIST THEOPERATOR AS A PERMITTEE. SUBCONTRACTORS HIRED BY AND UNDER SUPERVISION OFTHE GENERAL CONTRACTOR ARE NOT OPERATORS. [MINN. R. 7090]"OWNER" MEANS THE PERSON, FIRM, GOVERNMENTAL AGENCY, OR OTHER ENTITYPOSSESSING THE TITLE OF THE LAND ON WHICH THE CONSTRUCTION ACTIVITIES WILLOCCUR OR, IF THE CONSTRUCTION ACTIVITY IS FOR A LEASE, EASEMENT, OR MINERALRIGHTS LICENSE HOLDER, THE PARTY OR INDIVIDUAL IDENTIFIED AS THE LEASE,EASEMENT OR MINERAL RIGHTS LICENSE HOLDER; OR THE CONTRACTING GOVERNMENTAGENCY RESPONSIBLE FOR THE CONSTRUCTION ACTIVITY. [MINN. R. 7090]"PERMANENT COVER" MEANS SURFACE TYPES THAT WILL PREVENT SOIL FAILURE UNDEREROSIVE CONDITIONS. EXAMPLES INCLUDE: GRAVEL, CONCRETE, PERENNIAL COVER, OROTHER LANDSCAPED MATERIAL THAT WILL PERMANENTLY ARREST SOIL EROSION.PERMITTEES MUST ESTABLISH A UNIFORM PERENNIAL VEGETATIVE COVER (I.E., EVENLYDISTRIBUTED, WITHOUT LARGE BARE AREAS) WITH A DENSITY OF 70 PERCENT OF THENATIVE BACKGROUND VEGETATIVE COVER ON ALL AREAS NOT COVERED BY PERMANENTSTRUCTURES, OR EQUIVALENT PERMANENT STABILIZATION MEASURES. PERMANENTCOVER DOES NOT INCLUDE TEMPORARY BMPS SUCH AS WOOD FIBER BLANKET, MULCH,AND ROLLED EROSION CONTROL PRODUCTS. [MINN. R. 7090]"PERMITTEES" MEANS THE PERSONS, FIRM, GOVERNMENTAL AGENCY, OR OTHER ENTITYIDENTIFIED AS THE OWNER AND OPERATOR ON THE APPLICATION SUBMITTED TO THEMPCA AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE TERMS AND CONDITIONS OFTHIS PERMIT. [MINN. R. 7090]"PROJECT(S)" MEANS ALL CONSTRUCTION ACTIVITY PLANNED AND/OR CONDUCTED UNDERA PARTICULAR PERMIT. THE PROJECT OCCURS ON THE SITE OR SITES DESCRIBED IN THEPERMIT APPLICATION, THE SWPPP AND IN THE ASSOCIATED PLANS, SPECIFICATIONS ANDCONTRACT DOCUMENTS. [MINN. R. 7090]"PUBLIC WATERS" MEANS ALL WATER BASINS AND WATERCOURSES DESCRIBED IN MINN.STAT. SECT. 103G.005 SUBP. 15. [MINN. R. 7090]"SEDIMENT CONTROL" MEANS METHODS EMPLOYED TO PREVENT SUSPENDED SEDIMENTIN STORMWATER FROM LEAVING THE SITE (E.G. SILT FENCES, COMPOST LOGS AND STORMDRAIN INLET PROTECTION). [MINN. R. 7090]"STABILIZE", "STABILIZED", "STABILIZATION" MEANS THE EXPOSED GROUND SURFACE HASBEEN COVERED BY APPROPRIATE MATERIALS SUCH AS MULCH, STAKED SOD, RIPRAP,EROSION CONTROL BLANKET, MATS OR OTHER MATERIAL THAT PREVENTS EROSION FROMOCCURRING. GRASS SEEDING, AGRICULTURAL CROP SEEDING OR OTHER SEEDING ALONEIS NOT STABILIZATION. MULCH MATERIALS MUST ACHIEVE APPROXIMATELY 90 PERCENTGROUND COVERAGE (TYPICALLY 2 TON/ACRE). [MINN. R. 7090]"STORMWATER" MEANS PRECIPITATION RUNOFF, STORMWATER RUNOFF, SNOWMELTRUNOFF, AND ANY OTHER SURFACE RUNOFF AND DRAINAGE. [MINN. R. 7090]"STEEP SLOPES" MEANS SLOPES THAT ARE 1:3 (V:H) (33.3 PERCENT) OR STEEPER INGRADE. [MINN. R. 7090]"STORM WATER POLLUTION PREVENTION PLAN (SWPPP)" MEANS A PLAN FORSTORMWATER DISCHARGE THAT INCLUDES ALL REQUIRED CONTENT UNDER IN SECTION 5THAT DESCRIBES THE EROSION PREVENTION, SEDIMENT CONTROL AND WASTE CONTROLBMPS AND PERMANENT STORMWATER TREATMENT SYSTEMS. [MINN. R. 7090]"SURFACE WATER OR WATERS" MEANS ALL STREAMS, LAKES, PONDS, MARSHES,WETLANDS, RESERVOIRS, SPRINGS, RIVERS, DRAINAGE SYSTEMS, WATERWAYS,WATERCOURSES, AND IRRIGATION SYSTEMS WHETHER NATURAL OR ARTIFICIAL, PUBLICOR PRIVATE, EXCEPT THAT SURFACE WATERS DO NOT INCLUDE STORMWATERTREATMENT SYSTEMS CONSTRUCTED FROM UPLAND. THIS PERMIT DOES NOT CONSIDERSTORMWATER TREATMENT SYSTEMS CONSTRUCTED IN WETLANDS AND MITIGATED INACCORDANCE WITH SECTION 22 AS SURFACE WATERS. [MINN. R. 7090]"WATERS OF THE STATE" (AS DEFINED IN MINN. STAT. SECT. 115.01, SUBP. 22) MEANS ALLSTREAMS, LAKES, PONDS, MARSHES, WATERCOURSES, WATERWAYS, WELLS, SPRINGS,RESERVOIRS, AQUIFERS, IRRIGATION SYSTEMS, DRAINAGE SYSTEMS AND ALL OTHERBODIES OR ACCUMULATIONS OF WATER, SURFACE OR UNDERGROUND, NATURAL ORARTIFICIAL, PUBLIC OR PRIVATE, WHICH ARE CONTAINED WITHIN, FLOW THROUGH, ORBORDER UPON THE STATE OR ANY PORTION THEREOF. [MINN. STAT. 115.01, SUBP. 22]"WATER QUALITY VOLUME" MEANS ONE (1) INCH OF RUNOFF FROM THE NET INCREASE INIMPERVIOUS SURFACES CREATED BY THE PROJECT (CALCULATED AS AN INSTANTANEOUSVOLUME). [MINN. R. 7090]"WETLANDS" (AS DEFINED IN MINN. R. 7050.0186, SUBP. 1A.B.) MEANS THOSE AREAS THATARE INUNDATED OR SATURATED BY SURFACE WATER OR GROUNDWATER AT AFREQUENCY AND DURATION SUFFICIENT TO SUPPORT, AND UNDER NORMALCIRCUMSTANCES DO SUPPORT, A PREVALENCE OF VEGETATION TYPICALLY ADAPTED FORLIFE IN SATURATED SOIL CONDITIONS. WETLANDS GENERALLY INCLUDE SWAMPS,MARSHES, BOGS, AND SIMILAR AREAS. CONSTRUCTED WETLANDS DESIGNED FORWASTEWATER TREATMENT ARE NOT WATERS OF THE STATE. WETLANDS MUST HAVE THEFOLLOWING ATTRIBUTES:1.A PREDOMINANCE OF HYDRIC SOILS; AND2.INUNDATED OR SATURATED BY SURFACE WATER OR GROUNDWATER AT AFREQUENCY AND DURATION SUFFICIENT TO SUPPORT A PREVALENCE OFHYDROPHYTIC VEGETATION TYPICALLY ADAPTED FOR LIFE IN A SATURATED SOILCONDITION; AND3.UNDER NORMAL CIRCUMSTANCES SUPPORT A PREVALENCE OF SUCH VEGETATION.[MINN. R. 7050.0186, SUBP. 1A.B]NAME_______________________________________COMPANY_______________________________________ADDRESS 1_______________________________________ADDRESS 2_______________________________________PHONE_______________________________________EMAIL_______________________________________MAP OF SURFACE WATERS1 M I L E SITENPDES DEFINITIONS"BEST MANAGEMENT PRACTICES (BMPS)" MEANS THE MOST EFFECTIVE AND PRACTICABLEMEANS OF EROSION PREVENTION AND SEDIMENT CONTROL, AND WATER QUALITYMANAGEMENT PRACTICES THAT ARE THE MOST EFFECTIVE AND PRACTICABLE MEANS OFTO CONTROL, PREVENT, AND MINIMIZE DEGRADATION OF SURFACE WATER, INCLUDINGAVOIDANCE OF IMPACTS, CONSTRUCTION-PHASING, MINIMIZING THE LENGTH OF TIME SOILAREAS ARE EXPOSED, PROHIBITIONS, POLLUTION PREVENTION THROUGH GOODHOUSEKEEPING, AND OTHER MANAGEMENT PRACTICES PUBLISHED BY STATE ORDESIGNATED AREA-WIDE PLANNING AGENCIES. [MINN. R. 7090]"CONSTRUCTION ACTIVITY" MEANS ACTIVITIES INCLUDING CLEARING, GRADING, ANDEXCAVATING, THAT RESULT IN LAND DISTURBANCE OF EQUAL TO OR GREATER THAN ONEACRE, INCLUDING THE DISTURBANCE OF LESS THAN ONE ACRE OF TOTAL LAND AREA THATIS PART OF A LARGER COMMON PLAN OF DEVELOPMENT OR SALE IF THE LARGER COMMONPLAN WILL ULTIMATELY DISTURB EQUAL TO OR GREATER THAN ONE ACRE. THIS INCLUDESA DISTURBANCE TO THE LAND THAT RESULTS IN A CHANGE IN THE TOPOGRAPHY, EXISTINGSOIL COVER, BOTH VEGETATIVE AND NONVEGETATIVE, OR THE EXISTING SOILTOPOGRAPHY THAT MAY RESULT IN ACCELERATED STORMWATER RUNOFF THAT MAYLEAD TO SOIL EROSION AND MOVEMENT OF SEDIMENT. CONSTRUCTION ACTIVITY DOESNOT INCLUDE A DISTURBANCE TO THE LAND OF LESS THAN FIVE ACRES FOR THE PURPOSEOF ROUTINE MAINTENANCE PERFORMED TO MAINTAIN THE ORIGINAL LINE AND GRADE,HYDRAULIC CAPACITY, AND ORIGINAL PURPOSE OF THE FACILITY. ROUTINE MAINTENANCEDOES NOT INCLUDE ACTIVITIES SUCH AS REPAIRS, REPLACEMENT AND OTHER TYPES OFNON-ROUTINE MAINTENANCE. PAVEMENT REHABILITATION THAT DOES NOT DISTURB THEUNDERLYING SOILS (E.G., MILL AND OVERLAY PROJECTS) IS NOT CONSTRUCTION ACTIVITY.[MINN. R. 7090]"DEWATERING" MEANS THE REMOVAL OF SURFACE OR GROUND WATER TO DRY AND/ORSOLIDIFY A CONSTRUCTION SITE TO ENABLE CONSTRUCTION ACTIVITY. DEWATERING MAYREQUIRE A MINNESOTA DEPARTMENT OF NATURAL RESOURCES WATER APPROPRIATIONPERMIT AND, IF DEWATERING WATER IS CONTAMINATED, DISCHARGE OF SUCH WATERMAY REQUIRE AN INDIVIDUAL MPCA NPDES/SDS PERMIT. [MINN. R. 7090]"EROSION PREVENTION" MEANS MEASURES EMPLOYED TO PREVENT EROSION SUCH ASSOIL STABILIZATION PRACTICES, PERMANENT COVER OR CONSTRUCTION PHASING. [MINN.R. 7090]"GENERAL CONTRACTOR" MEANS THE PARTY WHO SIGNS THE CONSTRUCTION CONTRACTWITH THE OWNER TO CONSTRUCT THE ENTIRE PROJECT DESCRIBED IN THE FINAL PLANSAND SPECIFICATIONS. WHERE THE CONSTRUCTION PROJECT INVOLVES MORE THAN ONECONTRACTOR, THE GENERAL CONTRACTOR IS THE PARTY RESPONSIBLE FOR MANAGINGTHE ENTIRE PROJECT ON BEHALF OF THE OWNER. IN SOME CASES, THE OWNER IS THEGENERAL CONTRACTOR. IN THESE CASES, THE OWNER SIGNS THE PERMIT APPLICATIONAS THE OPERATOR AND BECOMES THE SOLE PERMITTEE. [MINN. R. 7090]"GROUNDWATER" MEANS THE WATER CONTAINED BELOW THE SURFACE OF THE EARTH INTHE SATURATED ZONE INCLUDING, WITHOUT LIMITATION, ALL WATERS WHETHER UNDERCONFINED, UNCONFINED, OR PERCHED CONDITIONS, IN NEAR SURFACE UNCONSOLIDATEDSEDIMENT OR REGOLITH, OR IN ROCK FORMATIONS DEEPER UNDERGROUND. [MINN. R.7060]"HOMEOWNER FACT SHEET" MEANS AN MPCA FACT SHEET AVAILABLE ON THE MPCACONSTRUCTION STORMWATER WEBSITE FOR PERMITTEES TO GIVE TO HOMEOWNERS ATTHE TIME OF SALE. [MINN. R. 7090]"INFEASIBLE" MEANS NOT TECHNOLOGICALLY POSSIBLE OR NOT ECONOMICALLYPRACTICABLE AND ACHIEVABLE IN LIGHT OF THE BEST INDUSTRY PRACTICES. [MINN. R.7090]"INITIATED IMMEDIATELY" MEANS TAKING AN ACTION TO COMMENCE SOIL STABILIZATIONAS SOON AS PRACTICABLE, BUT NO LATER THAN THE END OF THE WORK DAY, FOLLOWINGTHE DAY WHEN THE LAND-DISTURBING ACTIVITIES TEMPORARILY OR PERMANENTLYCEASE, IF THE PERMITTEES KNOW THAT CONSTRUCTION WORK ON THAT PORTION OF THESITE WILL BE TEMPORARILY CEASED FOR 14 OR MORE ADDITIONAL CALENDAR DAYS OR 7CALENDAR DAYS WHERE ITEM 23.9 APPLIES. PERMITTEES CAN INITIATE STABILIZATION BY:A. PREPPING THE SOIL FOR VEGETATIVE OR NON-VEGETATIVE STABILIZATION; ORB. APPLYING MULCH OR OTHER NON-VEGETATIVE PRODUCT TO THE EXPOSED SOIL AREA;ORC. SEEDING OR PLANTING THE EXPOSED AREA; ORD. STARTING ANY OF THE ACTIVITIES IN A - C ON A PORTION OF THE AREA TO BESTABILIZED, BUT NOT ON THE ENTIRE AREA; ORE. FINALIZING ARRANGEMENTS TO HAVE STABILIZATION PRODUCT FULLY INSTALLED INCOMPLIANCE WITH THE APPLICABLEDEADLINE FOR COMPLETING STABILIZATION. [MINN. R. 7090]"IMPERVIOUS SURFACE" MEANS A CONSTRUCTED HARD SURFACE THAT EITHER PREVENTSOR RETARDS THE ENTRY OF WATER INTO THE SOIL AND CAUSES WATER TO RUN OFF THESURFACE IN GREATER QUANTITIES AND AT AN INCREASED RATE OF FLOW THAN PRIOR TODEVELOPMENT. EXAMPLES INCLUDE ROOFTOPS, SIDEWALKS, DRIVEWAYS, PARKING LOTS,AND CONCRETE, ASPHALT, OR GRAVEL ROADS. BRIDGES OVER SURFACE WATERS ARECONSIDERED IMPERVIOUS SURFACES. [MINN. R. 7090]"NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)" MEANS THE PROGRAMFOR ISSUING, MODIFYING, REVOKING, REISSUING, TERMINATING, MONITORING, ANDENFORCING PERMITS UNDER THE CLEAN WATER ACT, AS AMENDED (33 U.S.C. 1251 ET SEQ.SECTION 1342 AND 40 CFR PARTS 122, 123, 124 AND 450). [MINN. R. 7090]"NATURAL BUFFER" MEANS AN AREA OF UNDISTURBED COVER SURROUNDING SURFACEWATERS WITHIN WHICH CONSTRUCTION ACTIVITIES ARE RESTRICTED. NATURAL BUFFERINCLUDES THE VEGETATION, EXPOSED ROCK, OR BARREN GROUND THAT EXISTS PRIORTO COMMENCEMENT OF EARTH-DISTURBING ACTIVITIES. [MINN. R. 7090]"NOTICE OF TERMINATION (NOT)" MEANS THE FORM (ELECTRONIC OR PAPER) REQUIREDFOR TERMINATING COVERAGE UNDER THE CONSTRUCTION GENERAL PERMIT. [MINN. R.7090]NARRATIVE - TIMING FOR INSTALLATION OF EROSION AND SEDIMENT CONTROL MEASURESSEE "STORMWATER DRAINAGE REPORT" FOR EXISTING AND PROPOSED AREA MAPS,DENOTING DRAINAGE AREA BOUNDARIES, DIRECTIONS OF FLOW, AND DISCHARGE POINTSWHERE STORMWATER LEAVES THE SITE.BUFFER TO SURFACE WATERTEMPORARY SEDIMENTATION BASINSINFILTRATION FEASIBILITYYESNOYESNOYESNON/A3881FERTILIZER3882 (TYPE 1 - DISC ANCHORED)* FOR TURF ESTABLISHMENTITEMSEED **SODMNDOT SPECIFICATION/NOTESMNDOT MIX 25-131 (220 LBS/ACRE)MNDOT MIX 25-131 (120 LBS/ACRE)TEMPORARYMNDOT MIX 21-112 (100 LBS/ACRE)MNDOT MIX 21-111 (100 LBS/ACRE)SPRING/SUMMERMNDOT MIX 22-112 (40 LBS/ACRE)RESIDENTIAL TURFREVEGETATION SPECIFICATIONSCREEKYESTHE PROJECT CONSISTS OF THE CONSTRUCTION OF A ONE-STORY BUILDING DAY CAREFACILITY, A NEW PARKING LOT, A PLAYGROUND AREA, AND A WET POND.PERMANENT STORMWATER MANAGEMENT TREATMENT SYSTEMS PER MPCA RULES AREREQUIRED FOR THIS PROJECT.PID: 2903121220008 2903121220006APPLE ACADEMY DAY CARESITE IMPERVIOUS AREASPROJECT NAMEPROJECT LOCATIONNARRATIVE - PERMANENT STORMWATER TREATMENT SYSTEMSRECEIVING WATERS WITHIN ONE MILEWATERWATERNAME OF WATER BODYSPECIALIMPAIREDTYPE OFWATER BODY3.03 ACRESTOTAL ESTIMATED PERVIOUS1.20 ACRESTOTAL ESTIMATED IMPERVIOUS4.23 ACRESTOTAL SITE AREAAFTERBEFORECONSTRUCTIONDEVELOPERCLASSIC CONSTRUCTION, INC.18542 ULYSSES ST NEEAST BETHEL, MN 55011CONTACT NAME:CURT STRANDLUNDCONTACT PHONE:(612) 653-1011CONTACT E-MAIL:CURT@CLASSICCONSTRUCTIONINC.COM2.06 ACRESTOTAL DISTURBED AREA1.90 ACRES1.A COPY OF THE APPROVED EROSION AND SEDIMENT CONTROL PLAN AND SWPPPMUST BE AVAILABLE ON THE PROJECT SITE AT ALL TIMES.2.CONTRACTOR SHALL INSTALL SILT FENCE AS SHOWN ON PLAN.2.1.ADDITIONAL SILT FENCE MAY BE NECESSARY IF LOCAL CONDITIONS REQUIRE.2.2.THE CONTRACTOR SHALL MAINTAIN SILT FENCE, INCLUDING THE REMOVAL OFACCUMULATED SEDIMENT, THROUGH COMPLETION OF BUILDING CONSTRUCTION.2.3.SILT FENCE SHALL REMAIN IN-PLACE UNTIL SITE HAS BEEN STABILIZED.3.CONTRACTOR SHALL INSTALL THE ROCK CONSTRUCTION ENTRANCE WHEREVERCONSTRUCTION TRAFFIC ENTERS ONTO EXISTING PAVED SURFACES.4.CONTRACTOR TO INSTALL TREE PROTECTION FENCING AS APPLICABLE5.CONTRACTOR SHALL PERFORM SITE GRADING ON AN AREA-BY-AREA BASIS TOMINIMIZE UNSTABILIZED AREAS.5.1.CONTRACTOR MUST IMMEDIATELY INITIATE STABILIZATION OF EXPOSED SOILAREAS, AS DESCRIBED IN ITEM 8.4 OF THE PERMIT, AND COMPLETE THESTABILIZATION WITHIN SEVEN (7) CALENDAR DAYS AFTER THE CONSTRUCTIONACTIVITY IN THAT PORTION OF THE SITE TEMPORARILY OR PERMANENTLYCEASES.6.CONTRACTOR TO PROTECT PERMANENT STORMWATER MANAGEMENT FACILITIESFROM CONSTRUCTION RUN-OFF.6.1.INFILTRATION SYSTEMS MUST NOT BE EXCAVATED TO FINAL GRADE UNTIL THECONTRIBUTING DRAINAGE AREA HAS BEEN CONSTRUCTED AND FULLYSTABILIZED.7.CONTRACTOR TO SHALL PAY SPECIAL ATTENTION TO ADJACENT PROPERTY LINES TOENSURE THE EROSION CONTROL PRACTICES INPLACE IN THOSE AREAS PREVENTMIGRATION OF SEDIMENT ONTO ADJACENT PROPERTIES.8.ALL EROSION AND SEDIMENT CONTROL MEASURES SHOWN ON THE PLANS ORIMPLEMENTED IN THE FIELD SHALL BE IN ACCORDANCE WITH THE CITY AND NPDESPHASE II PERMIT REQUIREMENTS.9.CONTRACTOR TO PROVIDE ADDITIONAL SILT FENCE, BIOROLLS, EROSION CONTROLBLANKET, OR OTHER APPROVED EQUAL FOR ANY SLOPES THAT APPEAR TO BEFAILING10.CONTRACTOR TO STABILIZE SOIL STOCKPILES; STABILIZATION SHALL BE INITIATEDIMMEDIATELY11.CONTRACTOR SHALL FINAL GRADE SWALE AREAS UPON STABILIZATION OF UPSTREAMAREAS.12.CONTRACTOR SHALL BE RESPONSIBLE TO SWEEP/SCRAPE ADJACENT STREETS WHENMATERIALS OR DEBRIS HAVE WASHED/FLOWED ONTO ADJACENT STREETS OR ASDIRECTED BY CITY13.COORDINATE SMALL UTILITIES INSTALLATIONS (GAS, PHONE, ELECTRIC, GAS, ETC.)AFTER CURB & GUTTER INSTALLATION.CONSTRUCTIONLATITUDE:LONGITUDE:45.1502-92.9946APPROX. 0.86 ACRE INCREASE IN IMPERVIOUSEGG LAKELAKENONOSILT FENCELINEAR FEETRIP-RAP W. GEO-FABRICCUBIC YARDSTURF REINFORCEMENT MAT (ENKAMAT)SQUARE YARDSSEED & MULCH (GENERAL)ACRETYPEUNITQTY12682.17 ACRES-1.025ROCK CONSTRUCTION ENTRANCEEACH1QUANTITIES - ESTIMATED QUANTITIES FOR EROSION AND SEDIMENT CONTROL MEASURESSITE MAP W/ EXISTING AND FINAL GRADES AND DESIGN CALCULATIONSIF THE SITE DRAINS TO A SURFACE WATER, IS A 50-FT NATURAL BUFFER ADJACENT TOTHE SURFACE WATER PRESERVED?NOTE: NATURAL BUFFERS ARE NOT REQUIRED ADJACENT TO ROAD DITCHES,JUDICIAL DITCHES, COUNTY DITCHES, STORMWATER CONVEYANCE CHANNELS,STORM DRAIN INLETS, AND SEDIMENT BASINS.YESNOIF FIVE (5) OR MORE ACRES OF DISTURBED SOIL DRAIN TO A COMMONLOCATION, IS A TEMPORARY SEDIMENT BASIN PROVIDED FOR TREATMENT OFTHE RUNOFF BEFORE IT LEAVES THE CONSTRUCTION SITE OR ENTERSSURFACE WATERS?ARE THERE ANY INFILTRATION RESTRICTIONS FOR THE SITE (SEE 16.14THROUGH 16.21?ADDITIONAL STORMWATER MITIGATION MEASURESARE THERE ANY STORMWATER MITIGATION MEASURES PER:·ENVIRONMENTAL REVIEW DOCUMENT?·ENDANGERED SPECIES REVIEW?·ARCHAEOLOGICAL REVIEW?·OTHER LOCAL, STATE OR FEDERAL REVIEW?IF YES TO ANY OF THE ABOVE, DESCRIBE THE MITIGATION MEASURES. FORPURPOSES OF THIS PERMIT, MITIGATION MEASURES MEANS ACTIONSNECESSARY TO AVOID, MINIMIZE, OR MITIGATE FOR IMPACTS RELATED TOEROSION PREVENTION, SEDIMENT CONTROL, THE PERMANENT STORMWATERTREATMENT SYSTEM, POLLUTION PREVENTION MANAGEMENT MEASURES ANDDISCHARGES ASSOCIATED WITH THE PROJECT'S CONSTRUCTION ACTIVITY.[MINN. R. 7090]N/AN/ALONG TERM OPERATION AND MAINTENANCE OF PERMANENT STORMWATER FACILITIESTHE PERMANENT STORMWATER MANAGEMENT FACILITIES ARE PRIVATELY OWNEDAND THE LONG-TERM OPERATIONS AND MAINTENANCE WILL BE PROVIDED BY THE OWNER.THE CITY OF HUGO SHALL NOT BE RESPONSIBLE FOR LONG-TERM OPERATIONS ANDMAINTENANCE OF THE STORMWATER MANAGEMENT FACILITIES.** SEEDED AREAS SHALL BE EITHER MULCHED OR COVERED BY FIBROUS BLANKETSTO PROTECT SEEDS AND LIMIT EROSION.* MOW A MINIMUM OF: RESIDENTIAL TURF - ONCE PER 2 WEEKS COMMERCIAL TURF - ONCE PER 4 WEEKS3885 (CATEGORY 0)WOOD FIBER BLANKETMULCH38763878FALL COVERMNDOT MIX 22-111 (30.5 LBS/ACRE)1-2 YEARS COVER2-5 YEARS COVERCOMMERCIAL TURFMNDOT MIX 21-113 (110 LBS/ACRE)SOIL-BUILDING COVERCLEARWATER CREEKNOSODSQUARE YARDSEROSION CONTROL BLANKETSQUARE YARDS--INLET PROTECTIONEACH2LIST OF IMPAIRED WATERS:CLEARWATER CREEK:THIS RIVER HAS AN EPA-APPROVED IMPAIRMENT FOR FISHESBIOASSESSMENTS & BENTHIC MACROINVERTEBRATE BIOASSESSMENTS.THESE IMPAIRMENTS ARE CONSIDERED TO BE CONSTRUCTION RELATEDPARAMETERS AND REQUIRE THE ADDITIONAL BEST MANAGEMENT PRACTICESFOUND IN ITEMS 23.9 & 23.10.HARDWOOD CREEK:THIS RIVER HAS AN EPA-APPROVED IMPAIRMENT FOR DISSOLVED OXYGEN.THESE IMPAIRMENTS ARE CONSIDERED TO BE CONSTRUCTION RELATEDPARAMETERS AND REQUIRE THE ADDITIONAL BEST MANAGEMENT PRACTICESFOUND IN ITEMS 23.9 & 23.10.ON-SITE INFILTRATION BASINSHARDWOOD CREEKCREEKYESNOPONDNONOSITE PLAN REVISION3/28/19APPLE ACADEMY DAY CARE Metropolitan District 1500 County Road B-2 West Roseville, MN 55113 An equal opportunity employer May 8, 2019 Rachel Juba, Community Development Director City of Hugo 14669 Fitzgerald Ave. N. Hugo, MN 55038 SUBJECT: Apple Academy MnDOT Review # S19-021 13845 Forest Blvd (NE quad US 61 and 138th St Blvd.) City of Hugo, Washington County Control Section: 8206 Dear Ms. Juba: MnDOT has reviewed the site plan and project information received 4/16/19 for the above-referenced project. Before further development, please address the following: Traffic Access to the proposed development is shown via an internal connection to the existing TGK Automotive driveway on the east side of US 61 that will be shared. This will add more left turns being made by vehicles exiting onto southbound US 61. Also, on US 61 there will be more vehicles in both directions slowing and stopping to wait for oncoming traffic to clear before making left turns into the entrance driveway. This will likely create more instances of through-drivers attempting to pass on the right on the shoulders. These additional left turns onto and off of US 61, which will likely be at peak AM and PM travel times due to typical school drop-off and pick-up schedules, are a safety concern because of the high volumes and speed of traffic on US 61 at the driveway location. MnDOT recommends that the city work closely with the property owner(s) to develop and implement improvements to signage and sight lines at the driveway entrance to improve driver safety. MnDOT also recommends that the city request information from the property owner(s) to help understand additional potential future uses and associated trip generation that could further increase use of the TGK Automotive driveway. Please contact Kaare Festvog of the Metro District’s Traffic Engineering Section at Kaare.Festvog@state.mn.us or 651-234-7814 with questions. Drainage A drainage permit (Form 30795‐02) will be required for this site to ensure that current drainage rates to MnDOT right-of-way will not be increased. Please provide computations and plans so that MnDOT may verify that the proposed development maintains or reduces drainage rates to the state right-of-way. Please include both existing and proposed site conditions. Drainage permit applications are available and may be submitted online at: https://dotapp7.dot.state.mn.us/OLPA. Please submit the following documents with the drainage permit application: Page 2 of 3 1. A grading plan showing existing and proposed contours. 2. Drainage area maps for the proposed project showing existing and proposed drainage areas. Any off-site areas that drain to the project area should also be included in the drainage area maps. The direction of flow for each drainage area must be indicated by arrows. 3. Drainage computations for pre- and post-construction conditions during the 2-, 10-, 50-, and 100-year rain events. 4. Time of concentration calculations. 5. An electronic copy of any computer modeling used for the drainage computations. A thorough review of the application materials will be completed and additional information may be requested. MnDOT’s drainage permits checklist is attached for your convenience. For drainage-related questions, please contact Bryce Fossand of the Metro District’s Water Resources Section at Bryce.Fossand@state.mn.us or 651-234-7529. Permits In addition to the drainage permit mentioned above, Miscellaneous Work Permits (Form 1723) are required for the water main connection in the TH 61 right-of-way and the removal of the existing access driveway. The access driveway should be completely removed and regraded to match the current ditch section. In addition, any other use of, work within, or impacts to MnDOT right-of-way will also require a permit. All permit forms are available and may be submitted online at: https://dotapp7.dot.state.mn.us/OLPA. Please direct questions regarding permits to Buck Craig of MnDOT’s Metro Permits Section at 651-234-7911 or Buck.Craig@state.mn.us. Review Submittal Options MnDOT’s goal is to review proposed development plans and documents within 30 days of receipt. Electronic file submittals are typically processed more rapidly. There are four submittal options: 1. Email documents and plans in PDF format to metrodevreviews.dot@state.mn.us. Attachments may not exceed 20 megabytes per email. If multiple emails are necessary, number each message. 2. Upload PDF file(s) to MnDOT’s external shared internet workspace site at: https://mft.dot.state.mn.us. Contact MnDOT Planning development review staff at metrodevreviews.dot@state.mn.us for access instructions and send an email listing the file name(s) after the document(s) has/have been uploaded. 3. Mail, courier, or hand deliver documents and plans in PDF format on a CD-ROM compact disc to: MnDOT – Metro District Planning Section Development Reviews Coordinator 1500 West County Road B-2 Roseville, MN 55113 4. Submit printed documents via U.S. Mail, courier, or hand delivery to the address above. Include one set of full-size plans. Page 3 of 3 You are welcome to contact me at (651) 234-7795 with questions. Sincerely, David Elvin, AICP Principal Planner Copy sent via E-Mail: Buck Craig, Permits Mike Lynch, Right-of-Way Adam Josephson, Area Manager Ryan Coddington, Area Engineer Bryce Fossand, Water Resources Jeff Rones, Design Ashley Roup, Traffic Cameron Muhic, Multimodal Russell Owen, Metropolitan Council Emily Weber, City of Hugo Kristin Erickson, Classic Construction Kendra Linhahl, Landform Ali Abughazleh, Plowe Engineering Agenda Number G.7 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Steve Bona. Conditional Use Permit for a lake access lot (dock) for the property located at 12862 Ethan Avenue North. DATE: May 30, for the City Council Meeting of June 3, 2019 ZONING: Single Family Detached Residential (R-3) REVIEW DEADLINE: June 29, 2019 1. PLANNING COMMISSION UPDATE: At its May 23, 2019, meeting the Planning Commission held a public hearing and considered the request. There was no one that spoke during the public hearing beside the applicant. The applicant explained that the lot has not been used in any way since it has been platted and he would now like to be able to use this property as a lake access lot. He stated that he would like to be able to use the property for picnics and a fire pit as well. The Planning Commission was comfortable with the request and thought that it was reasonable to allow the applicant to use the property as a lake access lot. The Planning Commission unanimously recommended approval of the conditional use permit for the lake access lot to the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of a conditional use permit for a lake access lot for a property on the northeast side of Bald Eagle Lake. Lake access lots are allowed as a conditional use in the Shoreland Overlay District per the City Code. A lake access lot will allow a dock to be constructed to access the lake without a home being built on the property. The lake access lot is proposed to be used by a single user and will include a dock and small parking area for two parking spots. The dock will not be rented or have boat slips for third party use. There will not be any vehicle or boat storage allowed on the property. The parking area maps shows a parking area. Staff recommends that the applicant revise the parking area map to Lake Access Lot CUP Page 2 show only two parking spots and make the parking area smaller. The parking area shall be asphalt. 3. BACKGROUND: The property was platted as a lot within the Woods of Bald Eagle development. At that time this property was deemed unbuildable. There are significant wetlands on the property and in order to make the property buildable for a home site some wetlands would need to be filled. The applicant is not proposing to fill any wetlands with the lake access lot. 3. CONTEXT: A. Surrounding Land Use and Zoning The property is guided for Low Density Residential in the 2030 Land Use Plan. The properties to the north, east, and south are zoned Single Family Detached Residential (R-3) and are occupied by single family homes or are vacant. To the west of the property is Bald Eagle Lake. B. Natural Characteristics of Site There are significant wetlands on the property. A portion of the property is within the floodplain and there is small area of upland along the east property line. 4. ANALYSIS OF CONDITIONAL USE PERMIT: A. Level of City Discretion in Decision-Making The City’s discretion in approving or denying a conditional use permit is limited to whether or not the proposed application meets the standards outlined in the City’s Comprehensive Land Use Regulations. If it meets these standards, the City must approve the conditional use permit. B. Conditional Use Permit The Planning Commission must review the application for a conditional use permit with the standards provided in Section 90-37 of Zoning and Land Use Regulations. Staff used these standards to review the application and found that the request meets all applicable standards as follows: 1. The proposed use is permissible by law. The proposed use is permissible by law. 2. The proposed use is keeping with the spirit and intent of the ordinance. The spirit and intent of the ordinance is to allow a lake access lot with a conditional use permit as long as all other code requirements are meet. A lake access lot will allow a dock to access the lake without a home being built on the property. The property is unbuildable for a single family Lake Access Lot CUP Page 3 home. The applicant is requesting a conditional use permit for a lake access lot to be able to use the property for a dock to access the lake. The applicant is requesting to use the property in a reasonable manner and meets the spirit and intent of the ordinance. 3. The proposed use is compatible with the City’s Comprehensive Plan and the character of the surrounding area. The property is guided as for Low Density Residential in the 2030 Land Use Plan and is in the Shoreland Overlay District. The Shoreland Overlay District allows lake access lots with a conditional use permit. There are several lots in the area around Bald Eagle Lake that are used as lake access lots that do not have homes built on them. In most cases the lake access lots were approved as part of a development and the owner of the lake access lot also owns the property across the street or adjacent to the lake access lot. Some of the lake access lots do have improvements on them such as, docks, fire pits, and small parking areas. The applicant is requesting to use the property as a lake access lot with a dock and small parking area. It is in staff’s opinion that the lake access lot use is compatible with the City’s Comprehensive Plan and character of the area. 4. The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities. The lake access lot will have a small parking area, but does not trigger the stormwater management requirements. There are no buildings proposed for the site and utilities are available but will not be used. 5. The proposed use has adequate road access. The property has adequate access form Ethan Avenue. 6. Technical Evaluation of Floodplain. The applicant is not proposing to impact any floodplain. 7. The proposed use should not increase the potential for flood damage. The proposed use would not obstruct the floodplain or increase the potential for flooding. 8. The proposed use will not damage or reduce the benefits the public receives from public waters. The proposed use would not damage or reduce the benefits from any public waters. 9. If located in the shoreland overlay district, the waterbody will be able to safely accommodate the number, type, and uses of the watercraft the project will generate. Lake Access Lot CUP Page 4 The waterbody can safely accommodate the proposed use for a single user. 10. All structures shall be screened from view of public waters. There are no structures proposed and they are not allowed. 11. Wetland impacts. The use would not impact any wetlands. 12. All state and local permits shall be acquired for the conditional use. The applicant would be responsible for obtaining all state and local permits. 13. Adequate screening and buffering from non-compatible uses and public rights-of-way. The use is compatible with the surrounding areas and does not require any screening or buffering. 5. CONCLUSION/ STAFF RECOMMENDATION: The application meets of the standards and requirements for approval of a conditional use permit. Staff recommends approval of the conditional use permit subject to the conditions listed in the resolution and draft conditional use permit. 6. PLANNING COMMISSION RECOMMENDATION: The Planning Commission was comfortable with the request and thought that it was reasonable to allow the applicant to use the property as a lake access lot. The Planning Commission unanimously recommended approval of the conditional use permit for the lake access lot to the City C ouncil. ATTACHMENTS: 1. Location Map 2. Resolution 3. Conditional Use Permit 4. Engineers Email dated May 16, 2019 5. Applicants Narrative 6. Colored Sketch Plan 7. Parking Area Map Ethan Avenue North129th Street North Europa Trail Nor th 12862 Ethan Avenue North Location Map Hugo, MN Right of Way Roads Parcel Boundary ¯0 117Feet1 in = 117 feet Document Path: S:\Mapping\Emily\LocationSite Maps\Site Map Template.mxdSite RESOLUTION 2019-_____ APPROVING A CONDITIONAL USE PERMIT TO ALLOW A LAKE ACCESS LOT ON THE PROPERY LOCATED AT 12862 ETHAN AVENUE NORTH WHEREAS, Steve Bona, requested approval of a conditional use permit to allow a lake access lot on the property located at 12862 Ethan Avenue North. WHEREAS, the subject properties are legally described as follows: LOT 5, BLOCK 1, WOODS OF BALD EAGLE LAKE, ACCORDING TO SAID PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA, AND THAT PART OF GOVERNMENT LOT 1, SECTION 31, TOWNSHIP 31, RANGE 21, WASHINGTON COUNTY, MINNESOTA, WHEREAS, the Planning Commission has reviewed said conditional use permit at a duly called public hearing on May 23, 2019, and recommends approval subject to the conditions listed in the conditional use permit. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the conditional use permit for a lake access lot for the property located at 12862 Ethan Avenue North subject to the following conditions; 1. Covenants shall be recorded on the property including all of the following conditions. 2. The lake access lot shall only be used by the owner (single user). 3. The property, dock, boat slips, and parking area shall not be rented or used as a private or commercial marina. 4. The dock shall have a maximum of three boat slips. 5. No motor vehicle, recreational vehicle, or boat storage is allowed on the property. 6. A fire pit and picnic table are allowed. 7. There shall be no buildings allowed on the property. 8. The parking area shall be paved with asphalt. 9. The parking lot layout shall be revised to show only two parking spaces. Staff shall review and approve the parking area layout prior to construction. 10. The applicant shall get all required local, State, and Federal permits as required. 11. All Shoreland Overlay District requirements under Section 90-137 of Hugo City Code shall be followed. Resolution 2019-___ Page 2 ADOPTED by the City Council this 3rd day of June, 2019 _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk CITY OF HUGO CONDITIONAL USE PERMIT DATE OF APPROVAL: ______________ OWNER: _____________ ADDRESS FOR WHICH CUP IS GRANTED: 12862 Ethan Avenue North LEGAL DESCRIPTION: See Attached ZONING DISTRICT: Single Family Detached Residential (R-3) THIS CONDITIONAL USE PERMIT ALLOWS FOR THE FOLLOWING: Lake Access Lot THIS CONDITIONAL USE PERMIT IS APPROVED SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Covenants shall be recorded on the property including all of the following conditions. 2. The lake access lot shall only be used by the owner (single user). 3. The property, dock, boat slips, and parking area shall not be rented or used as a private or commercial marina. 4. The dock shall have a maximum of three boat slips. 5. No motor vehicle, recreational vehicle, or boat storage is allowed on the property. 6. A fire pit and picnic table are allowed. 7. There shall be no buildings allowed on the property. 8. The parking area shall be paved with asphalt. 9. The parking lot layout shall be revised to show only two parking spaces. Staff shall review and approve the parking area layout prior to construction. 10. The applicant shall get all required local, State, and Federal permits as required. 11. All Shoreland Overlay District requirements under Section 90-137 of Hugo City Code shall be followed. ______________________________ Tom Weidt, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2019, 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 ___________________________________ _______________, _______________ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of ___________, 2019, before me, a Notary Public within and for said County, personally appeared _________________, __________, to me known as the person described in and who executed the foregoing instrument, who stated that they are the owners of the property this permit applies to, and acknowledged that they executed the same as their free act and deed. ______________________________ Notary Public This document was drafted by: Hugo City Council 14669 Fitzgerald Ave N Hugo, MN 55038 From:Rachel Juba To:Emily Weber Subject:FW: CUP Submittal - Lake Access Lot Date:Monday, May 20, 2019 1:09:37 PM Attachments:image3da4e4.PNG     From: Stephanie Hatten [mailto:SHatten@wsbeng.com]  Sent: Thursday, May 16, 2019 10:12 AM To: Rachel Juba <RJuba@ci.hugo.mn.us>; Mark Erichson <MErichson@wsbeng.com> Subject: RE: CUP Submittal - Lake Access Lot   Hi Rachel,   I’ve reviewed the site and below are some comments:   New impervious being added is 1410 square feet. No stormwater management is required. The site also does not trigger an erosion control permit, however, I would still recommend they add in the plans a double row of silt fence adjacent to the wetland. No floodplain fill is shown for the RCWD floodplain elevation, so no RCWD floodplain permit is needed. The new parking lot is shown to intersect the FEMA floodplain line work, however, the actual elevation of 913.0 shown from the contours does not intersect the new impervious. Therefore, there is no fill within the FEMA floodplain as well.   Let me know if you have any questions. Thanks! Stephanie   Stephanie Hatten, CFM Graduate Engineer 763.762.2828 (o) | 612.360.1284 (m) WSB | wsbeng.com This email, and any files transmitted with it, is confidential and is intended solely for the use of the addressee. If you are not the addressee, please delete this email from your system. Any use of this email by unintended recipients is strictly prohibited. WSB does not accept liability for any errors or omissions which arise as a result   Applicants Narrative: DESCRIPTION OF LAKE ACCESS USE: LOT 5 BLOCK 1 WOODS OF BALD EAGLE LAKE The proposed owners of this property live nearby, on the west side of Bald Eagle Lake, at 2197 Ash St. They plan to use this property for access to Bald Eagle Lake and access to the recreational watercraft they own. This will be a private dock for a single family. The dock will not be rented or have boat slips for 3rd party use. Parking is not allowed on this portion of Ethan Avenue, so the proposal also includes a driveway and parking stalls for 2 vehicles. The driveway may either be gravel or asphalt….gravel offering the benefit of impervious surface and less impact. Boat/vehicle storage will not be allowed on the property. Lots 3, 4, and 5 Block 1 Woods of Bald Eagle Lake were developed in the late 1990’s as a part of a larger group of single-family lots. City staff has communicated to us that they currently do not prefer to see single family homes on Lots 4 and 5. Both lots would need to be filled, with impacts to the wetlands for homes to be built, similar to how Lots 1, 2, and 3 were approved and built. Lots 4 and 5 were previously platted along with the other lots and provided with city services including water, sewer, electric, and gas which shows a level of city entitlements given back at the time of development. Our proposal offers significantly less impact than potential home construction on these two lots. Lot 4 has already been used for flood plain mitigation to allow for the development of one single family home on Lot 3. The C.U.P. will provide for lake access (dock), with no construction of buildings on the land. Improvements to the property would include a driveway and landscaping. The proposed use of this lot fits the character of the surrounding neighborhood and the character of the waterbody. The dock will be similar to the docks on Lots 1 and 2. The existing homes nearby are separated by wooded areas and natural screening. The only home that will have a clear view of this lot is the future home on Lot 3. Bona - OnuFrock2850 128th Avenue NEBlaine, MN, 55449of3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comBALD EAGLE LAKEHugo, Minnesotaf:\jobs\6581 - 6600\6582 - woods of bald eagle lake\cad c3d\engineering\parcel 3\6582_parcel_3_parking.dwgSave Date:04/29/19environmentalengineeringsurveying···11PARCEL 3DRIVEWAY EXHIBITPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota4/30/19KRO4/30/19Brian J. Krystofiak, P.E.25063BJK Agenda Item: CITY OF HUGO Memorandum TO: Bryan Bear, City Administrator FROM: Shayla Denaway, Parks Planner SUBJECT: Unnamed Park in Adelaide Landing DATE: May 30 , 2019 for the City Council Meeting of June 3, 2019 1. INTRODUCTION: At their meeting of May 15, 2019, the Parks, Recreation, and Open Space Commission approved a concept plan for the future park in Adelaide Landing. The Parks Capital Improvement Plan included $350,000 for construction of the park in 2019. 2. BACKGROUND: The Parks, Recreation, and Open Space Commission reviewed a sketch plan for Adelaide Landing at their July 13, 2016, which included an area for a park. Excelsior Group made a proposal for park dedication that included a combination of 7.8 acres of land plus $1,128 per unit in fees which was approved. At the meeting of January 11, 2019, the Parks Commission heard that the Third Addition of Adelaide Landing was starting which provided access to the future park. A partnership between the City and the developer was discussed where the City would plan the park and install the park features. Excelsior Group would construct the paved areas within the park as a part of their upcoming pavement projects in exchange for a reduction in their park dedication fees. The Parks Commission reviewed concept plans at their meetings of April 17, 2019 and made revisions. A concept plan was approved at their May 15, 2019 meeting. 3. PARK CONCEPT: The park is centrally located within the development and easily accessible by the network of trails, sidewalks, and board walks installed by the developer as a part of their Planned Unit Development. The trails meander the open space in the park which is made up of stormwater ponds and wetlands. Page 2 Adelaide Landing Park June 3, 2019 The concept plan for the active area of the park includes large picnic shelter and playground scaled to accommodate the size of the neighborhood, two pickle-ball courts, a half-court for basketball, and off-street parking for 35 vehicles in the north portion of the park. There is a wooded ditch and powerline corridor separating the park into “north” and “south” areas. The south portion will include an open ball field. The two park areas are connected on both sides by trails. With the fourth, fifth and sixth phases, it is anticipated that Excelsior Group will construct 147 units and dedicate an additional $165,816 in park dedication fees. This will be reduced in exchange for construction of the parking lot, internal sidewalks, and sport courts which are currently estimated at $120,000 to $160,000. The Parks Commission anticipates construction of the remaining park features to not exceed $350,000, which was included in their CIP. 4. NEXT STEPS: Construction plans will be drafted and work will start to build the future park. The neighborhood will be invited to select the playground equipment. The park will need to be named. 5. RECOMMENDATION: The Parks, Recreation, and Open Space Commission recommends approval of the plan and construction of the unnamed park in Adelaide Landing. ATTACHMENTS 1) Adelaide Landing Park Plans 2) Parks CIP 2019-2023 REVISED Capital Improvement Plan 2019-2023Parks, Recreation, and Open Space CommissionProject 2019 2020 2021 2022 2023Park Upgrades$40,000 $40,000 $140,000 $40,000 $140,000 Hardwood Creek Trail Extension Planning/Design$20,000 Misc. Trail Improvements$100,000 $100,000 $100,000 $100,000 Adelaide Landing$350,000 Sunset Lake Park$20,000 Lions Park$50,000 $500,000 $1,500,000 $1,500,000 Irish Avenue Park$50,000 $50,000 $430,000 $240,000 $790,000 $1,640,000 $1,740,000 For discussion at the Parks Commission meeting of December 3, 2018 Agenda Number: _H.1__ CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Kendra Lindahl through Rachel Juba, Community Development Director SUBJECT: Classic Construction, Inc. Easement Vacation Public Hearing DATE: May 30, 2019, for the City Council Meeting of June 3, 2019 1.PROPOSED MOTION: Move approval of the attached notice vacating the drainage and utility easements. 2.DESCRIPTION OF REQUEST: The applicant is requesting to vacate the 30-foot wide permanent utility easement that runs south to north through the Apple Academy site (Parcel B, PID 29 -031-21-22-0006) under the location of the proposed building. The existing sanitary sewer main will be removed and rerouted around the proposed building. Sanitary sewer service will be extended from the infrastructure located on the north side of the property with a 6-inch service extended into the site. As outlined in the Development Agreement, a letter of Credit will be required for the removal and relocation of the public sanitary sewer. As a condition of approval, the applicant will be required to dedicate the proper drainage and utility easements over the lot after the easement vacation is approved. This must include a drainage and utility easement over the entire stormwater pond that connects to the existing storm water easement on the property directly north of the Parcel B. The proposed easement to access the stormwater system within the TGK site will also be provided to the City. All easements must be in recordable form. 3.RECOMMENDATION: Staff recommends that the City Council approve the notice to vacate the drainage and utility easement. Page 2 Attachments: 1. Notice vacating drainage and utility easement 2. Published Notice of Public Hearing and Affidavit of Mailing for Drainage and Utility Easement NOTICE OF COMPLETION OF VACATION PROCEEDINGS FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT ON 13845 FOREST BOULEVARD NORTH (PID 29-031-21-22-0006) PLEASE TAKE NOTICE that the City Council for the City of Hugo has, on the 3rd day of June 2019, completed the proceedings for the vacation of the Drainage and Utility Easement on property legally described as follows: The 30 foot wide perpetual utility easement as described and recorded in Document No. 324293, Washington County, Minnesota. Dated this 3rd day of June 2019. ______________________________ Bryan Bear, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of _____________ 2019, 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 May 8, 2019 Map Powered by DataLink from WSB & Associates 1 inch = 752 feet± PREMIER BANK 2866 WHTE BEAR AVE MAPLEWOOD MN 55109 WILSON DAVID G & PAMELA L 5588 138TH ST N HUGO MN 55038 BRUNE LINDSEY & JASON 5520 137TH ST N HUGO MN 55038 SONTAG PATRICK J & SHIRLEY A 13894 FLAY AVE N HUGO MN 55038 HEWITT AMANDA M 13922 FLAY AVE N HUGO MN 55038 MAGNUSON DAVID & RACHAEL 1224 WISCONSIN ST OSHKOSH WI 54901 REINSBERG LENAE 13926 FLAY AVE N HUGO MN 55038 KELLEY DOUGLAS N 13910 FLAY AVE N HUGO MN 55038 SMITH CATHERINE A 13830 FLAY AVE N HUGO MN 55038 PERZICHILLI LIV TRS 6484 152ND ST HUGO MN 55038 WEDEBRAND COLLEEN A 5540 137TH ST N HUGO MN 55038 MONTGOMERY JASON 13793 FOREST BLVD N HUGO MN 55038 STAMPFLE MICHAEL J 13826 FLAY AVE N HUGO MN 55038 GEARY MICHAEL D & CYNTHIA G 5575 138TH ST N HUGO MN 55038 PINEVIEW MEADOWS 2ND ADD HOA PO BOX 276 HUGO MN 55038 BALTEZORE DAVID 13824 FLAY AVE N HUGO MN 55038 HORN ANGELA M 13934 FLAY AVE N HUGO MN 55038 COLLOVA EDWARD J 14210 GENEVA WAY N HUGO MN 55038 RANDT JAMIE L 5592 138TH ST N HUGO MN 55038 JACOBSEN DEBORAH A 13842 FLAY AVE N HUGO MN 55038 MOLLET ROBERTA J 13898 FLAY AVE N HUGO MN 55038 SWANSON BONNIE JO 13742 FLAY AVE N HUGO MN 55038 MAVETZ JOHN E JR & TRACEY J 5530 137TH ST N HUGO MN 55038 CITY OF HUGO 14669 FITZGERALD AVE N HUGO MN 55038-9367 HUDSON MERWIN L & JACALYN J 5577 138TH ST N HUGO MN 55038 AMBEMA LLC 16520 61ST AVE N PLYMOUTH MN 55446 ZABUKOVER DANIEL J 13846 FLAY AVE N HUGO MN 55038 YANCEY KIMBERLY R 13758 FLAY AVE N HUGO MN 55038 GARY T HARTY TRS PO BOX 75 BALSAM LAKE WI 54810 CARLSON SUSAN 13753 FOREST BLVD HUGO MN 55038 LOVELAND PETER A & CHRISTINE A 13754 FLAY AVE N HUGO MN 55038 OP5 ADELAIDE LLC 1660 S HWY 100 # 400 SAINT LOUIS PARK MN 55416 STORE MASTER FUNDING VIII LLC 5241 130TH ST N HUGO MN 55038 TJB INVESTMENT PROPERTIES LLC 7753 NORTHSHORE CIR N FOREST LAKE MN 55025 KROSKA ANDREW & ANGELA 665 WILDWOOD LN STILLWATER MN 55082 PITCHER TAWNIA 5598 138TH ST N HUGO MN 55038 KOBILKA STEVEN T 13748 FLAY AVE N HUGO MN 55038 FITZGERALD DANIEL & ROSALIE 5594 138TH ST N HUGO MN 55038 WITTEK JAMES R & COLLEEN LARKIN 5579 138TH ST N HUGO MN 55038 MILLER JENNIFER M 13820 FLAY AVE N HUGO MN 55038 J & J RENTAL PROP LLC 3826 RIVIERA RD SARTELL MN 56377 WEBER PROPERTY GROUP LLC 802 GRAY FOX CIR PLEASANTON CA 94566 JACOBS JOSEPH C 13744 FLAY AVE N HUGO MN 55038 SEDONA HOMES INC 7029 20TH AVE S STE 202 HUGO MN 55038 COSTLEY MATTHEW A & MORGAN M 13852 FLAY AVE N HUGO MN 55038 DOUGLAS JOHN & RACHEL 5496 137TH ST N HUGO MN 55038 HELLER MELISSA T 13850 FLAY AVE N HUGO MN 55038 MORENO TRAVIS L 13840 FLAY AVE N HUGO MN 55038 ROGERS MARK J 1533 MEADOWVIEW CT HUGO MN 55038 JORDAN LAURA K 5590 138TH ST N HUGO MN 55038 BINSFELD KAREN 5586 138TH ST N HUGO MN 55038 MILLER KENNETH S & JESSICA D REAVES 13767 FOREST BLVD N HUGO MN 55038 BECKER BEAU 13914 FLAY AVE N HUGO MN 55038 KENNEDY SUSAN M 13844 FLAY AVE N HUGO MN 55038 OBT LLC 4707 HWY 61 # 230 WHITE BEAR LAKE MN 55110 NOONAN ANDREA L 5460 137TH ST N HUGO MN 55038 PINEVIEW MEADOWS #2 HOA PO BOX 584 HUGO MN 55038 NORMAN JON 13930 FLAY AVE N HUGO MN 55038 COUGHLIN MARY 13752 FLAY AVE N HUGO MN 55038 GUARESCHI ROLAND M & JODIE E 15858 FOXHILL AVE HUGO MN 55038 OLSON KIMBERLY 14453 HYDE AVE N HUGO MN 55038 ELLS LORI R & STEVEN L SOBTZAK 5474 137TH ST N HUGO MN 55038 Current Resident 13854 FLAY AVE N CITY OF HUGO MN 55038 Current Resident 13825 FOREST BLVD N CITY OF HUGO MN 55038 Current Resident 13832 FLAY AVE N CITY OF HUGO MN 55038 Current Resident 13756 FLAY AVE N CITY OF HUGO MN 55038 Current Resident 5584 138TH ST N CITY OF HUGO MN 55038 Current Resident 13753 FOREST BLVD N CITY OF HUGO MN 55038 Current Resident 13891 FOREST BLVD N CITY OF HUGO MN 55038 Current Resident 13834 FLAY AVE N CITY OF HUGO MN 55038 Current Resident 13746 FLAY AVE N CITY OF HUGO MN 55038 Current Resident 13845 FOREST BLVD N CITY OF HUGO MN 55038 Current Resident 13848 FLAY AVE N CITY OF HUGO MN 55038 Current Resident 13918 FLAY AVE N CITY OF HUGO MN 55038 Current Resident 13822 FLAY AVE N CITY OF HUGO MN 55038 Current Resident 5571 138TH ST N CITY OF HUGO MN 55038 Current Resident 5596 138TH ST N CITY OF HUGO MN 55038 Current Resident 13828 FLAY AVE N CITY OF HUGO MN 55038 Agenda Number: H.2 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Steve Bona. Easement Vacation Public Hearing for the Property Located at 12812 Ethan Avenue North DATE: May 30, 2019, for the City Council Meeting of June 3, 2019 1. PROPOSED MOTION: Move approval of the attached notice vacating the drainage and utility easements. 2. DESCRIPTION OF REQUEST: The applicant is requesting a vacation of the existing drainage and utility easement located over a property located at 12812 Ethan Avenue North. There are two parcels that were platted as part of the Woods of Bald Eagle Lake development in 1998. At that time, the properties were deemed unbuildable, however, were still platted as lots. The applicant has been working with City staff to combine the two parcels and have a buildable lot. This included filling of the floodplain and reaplacement of the floodplain. The properties have been combined and the lot is now buildable. Grading has occurred in the site and a stormwater permit has been issued by the City Engineer. The lots have existing drainage and utility easements on the property that were dedicated as part of the Woods of Bald Eagle Lake final plat. The areas for the easements need to be revised to be over the new floodplain areas and removed from the grading areas. New drainage and utility easements will be placed on the lots at the time the of the easement vacation. 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. Attachments: Page 2 1. Notice vacating drainage and utility easement 2. Location Map 3. Woods of Bald Eagle Lake Final Plat 4. New Drainage and Utility Easement Locations Ethan Avenue North129th Street North Europa Trail NorthEasement Vacation Location Map Hugo, MN Right of Way Roads Parcel Boundary ¯0 92Feet1 in = 170 feet Document Path: S:\Mapping\Emily\LocationSite Maps\Site Map Template.mxdSite NOTICE OF COMPLETION OF VACATION PROCEEDINGS FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT OVER LOTS 3 AND 4, BLOCK 1, OF WOODS OF BALD EAGLE LAKE PLEASE TAKE NOTICE that the City Council for the City of Hugo has, on the 7th day of May, 2018, completed the proceedings for the vacation of the Drainage and Utility Easement on property legally described as follows: Lot 3 and 4, Block 1 Woods of Bald Eagle Lake FURTHER, new drainage and utility easements shall be dedicated over the lots prior to the issuance of a building permit. Dated this 3rd day of June, 2019 ______________________________ Bryan Bear, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of _____________, 2018, 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 Agenda Item: I.1 CITY OF HUGO MEMORANDUM TO: Bryan Bear, City Administrator FROM: Emily Weber, Community Development Assistant SUBJECT: Cooperative Agreement for Operation and Management of the Hugo Yard Waste Collection Site. DATE: May 29, 2019, for the City Council meeting on June 3, 2019. 1. BACKGROUND: Washington County and the City of Hugo have been working on a cooperative agreement for the operation and management of the Hugo Yard Waste Collection Site. The site is located south of 170th Street North and approximately half a mile west of Highway 61. The City originally acquired the site in 1987 from the State of Minnesota by tax forfeiture for the purpose of compost recycling. The current site is only open for Hugo residents and operates from late spring through late fall on Wednesdays from 4pm to 8pm or dusk and Saturdays from 9am to 4pm. The compost site is currently operated by the City and is a deposit site for grass clippings, leaves, and soft organic matter, no brush, twigs, branches or woody materials accepted. Staff is recommending to have the County take over the operation of the yard waste collection site from the City in order to expand the service to all Washington and Ramsey County Residents. The expansion of services will include the collection of yard waste to include garden wastes, leaves, lawn clippings, weeds, shrub, and tree waste, along with Source Separated Organic Material (SSOM) or kitchen and food waste. 2. OVERVIEW OF AGREEMENT AND OPERATION PLAN: The agreement states that the City agrees to relinquish operation of the yard waste collection site to the County and that the City will allow the County to expand the operation of the site and make the necessary improvements required for said expansion to include: leaves, grass, tree waste, and brush drop off, along with the collection of SSOM, which includes kitchen and food waste for residential properties. The County has a separate agreement with the adjacent property owner, Daniel Bayless, which allows for the County to expand the site. The City agreement and Bayless agreement will operate on the same time line: from time of commencement in 2019 to the end of 2022 with a one year option to extend the lease. This agreement may not be assigned or transferred without the express written consent of both parties. Page 2 The County will operate and maintain the yard waste and SSOM collection site in compliance with state and local regulatory standards. The site is exclusively for yard waste, brush, and SSOM collection operations. The removal of yard waste and SSOM will occur at a minimum of twice per month or when piles exceed 18 feet in height. Yard waste will be removed within 48 hours of receipt of a valid complaint. The County will contract for the yard waste and SSOM to be collected and removed from the site as necessary. Should any hazardous or non-organic waste be discovered on site, the County is responsible for environmental remediation. The County intends for the site to be a temporary location for their operations. Upon finding a permanent location, the County is to restore the property to its original condition and the site will be turned back over to the City. The proposed site hours are as follows: December – March Monday – Friday: closed. Saturday: 9am – 5pm. Sunday: 11am – 5pm. April – November Monday: 11am – 7pm. Tuesday: closed. Wednesday: 11am – 7pm. Thursday: closed. Friday: 11am – 7pm. Saturday: 9am – 5pm. Sunday: 11am – 5pm. While the site is open, a site attendant will be on duty and will be assigned duties to facilitate in site operation and management. Brush grinding and other activities on site may not exceed 100 decibels as measured on the property line and may only be conducted Monday through Friday, 7am – 7pm and Saturday, 9am – 5pm. Brush grinding on site will be minimal and will occur when 750 yards of brush accumulates. All contractors on site are to comply with site regulations. 3. RECOMMENDATION: Staff finds that the agreement, operation plan, and site plan presented by Washington County is a good use of the current compost site and will be beneficial to residents. Staff recommends approval of the Cooperative Agreement for Operation and Management of the Hugo Yard Waste Collection Site. Attachments: 1. Location Map 2. Agreement 3. Operation Plan 4. Site Plan 170th Street North Hugo Yard Waste Collection Site Location Map Hugo, MN Right of Way Roads Parcel Boundary ¯0 92Feet1 in = 92 feet Document Path: S:\Mapping\Emily\LocationSite Maps\Site Map Template.mxdSite COOPERATIVE AGREEMENT FOR OPERATION AND MANAGEMENT HUGO YARD WASTE COLLECTION SITE THIS AGREEMENT, made this _____day of _______________, 2019, by and between the City of Hugo a Minnesota municipal corporation (City) and Washington County, a body politic and corporate, organized under the laws of the State of Minnesota, (County). WHEREAS, the City acquired the subject property in 1987 from the State of Minnesota by tax forfeiture for the purpose of compost recycling and other related public purposes legally described on the attached Exhibit A; and, WHEREAS, the City has operated this property for the residents of Hugo for that purpose since that time; and, WHEREAS, the County and City wish to have the County take over the operation of the yard waste collection site from the City in order expand the service to all Washington County residents; and, WHEREAS, City is willing to allow the County to continue the operation of the yard waste collection site at the current location temporarily until the County finds a more permanent location; and, WHEREAS, the City has no objection to the County seeking to lease additional land adjacent to current yard waste site operation in order to expand the operations to accommodate the additional use as shown on site plan the attached Exhibit B; and, WHEREAS, County will seek a lease from the neighboring property by separate lease agreement; NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: I. City Items: 1. The City agrees to relinquish operation of the yard waste collection site to the County. 2. The City will allow the County to expand the operation of the yard waste collection site WASHINGTON COUNTY CONTRACT NO. DEPT. PUBLIC HEALTH DIVISION TERM 2 and make the necessary improvements required for said expansion to include: leaves, grass, tree waste and brush drop off, along with the collection of Source Separated Organic Material (SSOM); kitchen and food waste for residential properties. 3. The City agrees to allow the County to operate the yard waste collection at the current location in conjunction with the lease time line and terms between the County and the adjacent owner, Daniel Bayless, or sooner if the County finds a more permanent location. The current time line is to run from time of commencement in 2019 to the end of 2022 with a one year option to extend the lease. II. County Items: 1. The County will operate and maintain the yard waste and SSOM collection site in compliance with state and local regulatory standards in accordance with the site plan as shown on Exhibit A. In addition, the County will complete an operations plan for City approval and obtain appropriate permits and licenses. 2. The County will use this site exclusively for yard waste, brush, and SSOM collection operations. a. The County will have both summer and winter hours of operation for this site as provided in the operations plan. Its hours of operation will not occur before 9:00 am nor will the County keep the facility open beyond 8:00 pm on the designated days of operations. b. Yard waste is defined by Minn. Stat. §115A.03 Subd. 38; or more specifically, yard waste means garden wastes, leaves, lawn cuttings, weeds, shrub, tree waste and prunings. 3. The County will provide residential yard waste and SSOM collection services, including leaves, grass, tree waste and brush drop off to any Washington County resident at this location. 4. The County will contract for the yard waste and SSOM to be loaded and removed from the site as necessary until the termination of this agreement. a. The removal of yard waste and SSOM will occur at a minimum of twice per month or when piles exceed 18 feet in height. Yard waste will be removed within 48 hours of receipt of a valid complaint that violates the applicable provisions of any Minnesota Pollution Control Agency order rules. b. Nothing except yard waste or SSOM will be accepted as this facility. Should any hazardous or non-organic waste be discovered on site, the operator is required to notify County and manage it properly according to our direction for removal. 5. The County upon finding a permanent location for the yard waste collection site will turn this property back over to the City after having removed all yard waste, tree brush, SSOM and any physical structures placed on the site for the operation thereof and will restore the property to its original condition with exception of any trees removed as part of the operations and reasonable wear and tear. 3 III. Mutual Indemnification: 1. The City agrees to defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages and expenses which the County, its officers, or employees may hereafter sustain, incur or be required to pay arising out of negligent or willful acts of omissions of the City in the performance of this agreement. 2. The County Agrees to defend, indemnify and hold harmless the City, its officers and employees against any and all liability, loss, cost, damages and expenses which the City, its officers or employees may hereafter sustain, incur or be required to pay arising out of negligent or willful acts or omissions of the County in performance of this agreement. IV. Miscellaneous: This agreement may not be assigned or transferred without the express written consent of both parties. V. Records Availability and Retention: Pursuant to Minnesota Statute 16C.05, Subd. 5, the Parties agree that each party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they my reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., that are pertinent to the accounting practices and procedures of the parties and involve transactions relating to this agreement. The parties agree to maintain and make available these records for a period of at least six years from the date of termination of this agreement. IN TESTIMONY WHEREOF, both parties have hereunto caused this presence to be executed the day and year first above written. CITY OF HUGO COUNTY OF WASHINGTON By By Tom Weidt Stanley Karwoski, Chair Mayor Board of Commissioners By By Bryan Bear Molly O’Rourke City Administrator County Administrator Approved as to form: Approved as to form: City Attorney Date Asst. County Attorney Date 4 EXHIBIT A Legal Description – City Property The North 330 feet of the East 330 feet of the West 660 feet in the Northwest Quarter of the Northwest Quarter of Section 8, Township 31 North, Range 21 West, Washington County. PID: 08.031.21.22.0001 5 EXHIBIT B Yard Waste Collection Site Plan www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action Washington County Hugo Yard Waste Facility Operational Procedures Beginning in 2019, Washington County will begin managing the Hugo Yard Waste site and will open the site to all residents of Washington and Ramsey County. The County is expanding the size of the site as part of a construction project that is anticipated to begin in 2019. The facility will accept yard waste as defined by Minnesota statute 115a. Subd. 38. Yard waste. "Yard waste" means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. This includes brush and tree waste but not stumps with root balls. Single source organics from households may also be collected. Based on research performed by the County it is estimated that the new facility will receive approximately 3,000 to 4,000 cubic yards of leaves, grass, brush, and tree wood waste annually. No more than 750 yards of leaves and grass and 750 yards of brush will be stored on site at any given time. Yard waste will be removed at least twice monthly and/or when the 750 yard limit has been meet. Removal should be conducted between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday, and 8:00 a.m. and 2:00 p.m. on Saturdays. No yard waste will be stored on site for more than 30 days. Brush will be processed when the 750 yard limit is meet. Brush may be ground on site or hauled to a designated composting facility where it in made into mulch for use or sale by the approved vendor. If brush is not utilized or sold as mulch it must be taken to designated composting facility. Brush grinding or other activities must not exceed 100 Db as measured at the property line, and may only be conducted between the hours of 7am and 7pm Monday through Friday, and 9am to 5pm Saturday. No grinding shall be conducted on Saturday. Compost piles must not exceed a height of 18 feet. Contractor will remove yard waste or brush within 36 hours’ notice from the County to comply or react to a valid complaint from the community regarding odors, or other nuisances. Contractor must provide equipment to consolidate yard waste and brush as needed to facilitate drop-off on a regular basis. All Yard waste must be stored in a manor to prevent odors, spontaneous combustion, or other nuisances. Contractor shall consolidate piles as needed. Proposed site hours: December - March Monday - Friday: closed Saturday: 9 a.m. - 5 p.m. Sunday: 11 a.m. - 5 p.m. April - November Monday: 11 a.m. - 7 p.m. Tuesday: closed Wednesday: 11 a.m. - 7 p.m. Thursday: closed Friday: 11 a.m. - 7 p.m. Saturday: 9 a.m. - 5 p.m. Sunday: 11 a.m. - 5 p.m. Closed Thanksgiving, Christmas Eve, Christmas Day, MLK Birthday, New Day, President’s Day, Memorial Day, Fourth of July, Labor Day, and other major Holidays. Site attendant is expected to perform the following duties: 1. Open the site on time, remain onsite during hours of operation, and close no earlier than the scheduled closing time. 2. Wear the traffic vest and safety shoes provided by employer while on duty. 3. Instruct/inform the public in a positive, friendly manner on proper use of the site. 4. Direct traffic to facilitate safety of the residents and efficient use of the site by the public. 5. Provide outreach and education on yard waste, tree and shrub waste, and organics/food waste collection and other programs, activities and campaigns. 6. Pick up litter on and around the site daily – including debris in and near the finished compost. 7. Prohibit delivery of unacceptable materials. Inform residents of other management options. 8. Remove and dispose of illegally dumped materials found in yard waste as soon as it is observed. 9. Collect yard waste and litter dumped near the gate or elsewhere during closed hours and move it to the designated collection area onsite. 10. Distribute organics pails and compostable bags to those participating in the organics/food waste recycling program. 11. Record the number of residents dropping off organics and other operations data as assigned. 12. Identify and manage safety-related situations such as children climbing on piles or playing near the drop off area. 13. Immediately contact 911 and the yard waste coordinator in the event of an emergency or an incident that cannot be resolved without resulting in harm to employees or the public, and/or affects normal operations. For example, serious accidents or injury, a drunk driver, fire, etc. 14. Monitor site and determine when work such as pushing leaf piles, grinding brush and hauling excess materials off site perform these duties on notify supervisor when necessary. 15. Assist individuals, such as the elderly or disabled, who have difficulty unloading their yard waste. 16. Prohibit site use non-qualifying participants and commercial lawn/landscape/tree/gutter cleaning/ handy man and other paid services. Provide them with other management options. 17. Report threatening/argumentative/angry incidents and complaints to supervisor and County. or. Document the incident by recording date, time, license plate number, business/resident name, and specifics of the occurrence on the back of the tally sheet. 18. Seek shelter, while leaving the entrance gate open, in the event of severe weather. Inform the site coordinator and return to the site as soon as it is safe. 19. Facilitate the activities of volunteer Master Gardeners who provide lawn care and gardening information to the public. 20. Survey the public, when instructed, on programs relating to waste reduction and recycling. 21. Contact the County Coordinator if the press (newspapers, television news, etc.) arrives on site and requests information regarding the program. Policy requires that information requests from the press be forwarded to the Senior Program Manager. 22. Sign and complete time sheets. Return them to the yard waste coordinator by due date. 23. Do not bring pets or weapons, such as a gun, to work. 24. Other duties as assigned. SITEENTRANCE/EXITWOODWASTEGRAVELLEAVES & GRASSPILE EXPANSION AREA15.0'10.0'JERSEY BARRIERTRAFFIC CONESEXISTINGATTENDANT STANDAPPROXIMATEEDGE OF GRAVELFOOD WASTEDROP-OFF BINS135'EXPANSION 205'EXPANSIONPROPOSED SITE BOUNDARY WITHEXPANSION (APPROXIMATELY 2.6ACRES OF NEW PROPERTY; 4.6 ACRESOF TOTAL AREA FOR EXPANDED SITE)ESTIMATED EXISTING SITE BOUNDARY(APPROXIMATELY 2 ACRES)COPYRIGHT © BURNS & McDONNELL ENGINEERING COMPANY, INC.Figure 2Hugo Yard Waste Drop-OffSite Expansion Layout B2018 Washington CountyZ:\CLIENTS\ENS\WASHINGTONCO\101596_PHASE3\SUPPORT\DATA\CAD\HUGO 150 FT EXPANSION LAYOUT.DWG 7/18/2018 3:02 PM KLANDRISTNORTH0SCALE IN FEET25'50' 15/30/2019 9:29 AMMichele LindauSu Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930June 2019Su Mo Tu We Th Fr Sa1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31July 2019June 2019May 262728293031Jun 123456787:00pm City Council Meeting 4:00pm Rib Fest (Good Neighbor Days) 91011121314157:00pm VG North Workshop (Onkea Room)6:30pm BOZA7:00pm Planning Commission 161718192021227:00pm City Council Meeting5:00pm EDA Meets 7:00pm Parks 232425262728296:00pm YRN 10th Anniversary (Onkea Room and Council Chambers) 5:00pm Burger Night (Hugo Legion) 6:30pm BOZA 7:00pm Planning Commisison30Jul 123456SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 25/30/2019 9:29 AMMichele LindauSu Mo Tu We Th Fr Sa1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31July 2019Su Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31August 2019July 2019Jun 30Jul 1234567:00pm City Council MeetingIndependence Day789101112137:00pm Victor Gardens HOA Meeting (Oneka Room)6:30pm BOZA7:00pm Planning Commission141516171819207:00pm City Council Meeting 5:00pm EDA Meets 7:00pm Parks 212223242526275:00pm Burger Night (Hugo Legion) 6:30pm BOZA 7:00pm Planning Commisison28293031Aug 123SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY