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2022.08.01 CC Packet
A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. July 18, 2022, Council Meeting 2. July 25, 2022, Preliminary Budget Workshop E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Approve Special Event Permit for Ribfest on September 24, 2022 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 Public Works Director Scott Anderson 3. Approve Annual Performance Review for Public Works Worker Jeff Maas 4. Approve Six-Month Performance Review for Jennifer Compton 5. Approve Appointment of Steve Andress to the Planning Commission 6. Approve Temporary Liquor License for the Hugo Lions Club for Ribfest September 24, 2022 7. Approve Lawful Gambling Exempt Permit for Pheasants Forever at Wild Wings 8. Approve Donation to the Hugo Fire Department from the Hugo American Legion 9. Approve Pay Request No. 5 from A-1 Excavating for 121st Street/Acres of Bald Eagle Project 10. Approve Pay Request No. 1 from Peterson Companies for Public Works Facility Landscaping 11. Approve Release of Oversizing Credit for Watermain and Sanitary Improvements for The Meadows of Hugo 1st Addition 12. Approve Release of Oversizing Credit for Watermain Improvements for the 121st Street/Acres of Bald Eagle Project 13. Approve Goodview Estates Preliminary Plat Agenda HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, AUGUST 1, 2022 – 7 P.M. 14. Approve Final Plat and Development Agreement for Goodview Estates East 15. Approve Final Plat and Development Agreement for Goodview Estates West 16. Approve Wetland Replacement Plan for Goodview Estates 17. Approve Zoning Amendment to Shoreland Ordinance 18. Approve Encroachment Agreement for 13466 Fondant Trail North- Schleicher H. PUBLIC HEARING 1. Off-Sale Liquor License for Brian Mottaz for 14849 Forest Boulevard (Sager Liquor) 2. Public Hearing on Vacation of Drainage and Utility Easement and Approval of an Encroachment Agreement for 4635 Ethan Trail North- Christenson I. UNFINISHED BUSINESS 1. None Scheduled J. NEW BUSINESS 1. Oneka Prairie Sketch Plan K. VISITOR PRESENTATIONS 1. None Scheduled L. COUNCIL PRESENTATIONS 1. None Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. National Night Out Tuesday, August 2, 2022 2. Candidate Filing for City Offices August 2-16, 2022 3. Schedule Grand Opening for New Public Works Facility N. ADJOURNMENT BACKGROUND MEMO FOR THE HUGO CITY COUNCIL MEETING ON AUGUST 1, 2022 D.1 Approval of Minutes for the July 18, 2022, Council Meeting D.2 Approval of Minutes for the July 25, 2022, Preliminary Budget Workshop Staff recommends Council approve the above minutes as presented. F.1 Approve Special Event Permit for Ribfest on September 24, 2022 The Hugo Lions Club would like to hold Ribfest on September 24, 2022, at Hanifl Park Shelter and Fields. This fundraising event will consist of a rib cooking contest and Corn Hole tournament. The Club is requesting the Council approve co-sponsoring the event by waiving the Special Event Permit fee and provide Washington County deputies. Lions Member Jason Schwieger will present their plan to Council and answer any questions the Council may have. Staff recommends Council approve the Special Event Permit for Ribfest and co-sponsor the event by waiving the permit fee and providing deputies for the event. G.1 Approve Claims Roster Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for Public Works Director Scott Anderson Scott Anderson was hired by the City of Hugo on August 11, 2003 as a Senior Engineering Technician, and on August 5, 2008, Scott was promoted as the City’s Public Works Director. City Administrator Bryan Bear recommends Council approve the annual performance review for Public Works Director Scott Anderson. G.3 Approve Annual Performance Review for Public Works Worker Jeff Maas Jeff Maas was hired by the City of Hugo on July 24, 2006, as a Public Works Worker. Public Works Director Scott Anderson recommends Council approve the annual performance review for Public Works Worker Jeff Maas G.4 Approve Six-Month Performance Review for Jennifer Compton At its February 7, 2022, meeting, Council approved the hiring of Jennifer Compton as the new Finance and Public Works Administrative Assistant beginning February 14, 2022. Jennifer has completed the six-month probation period. Finance Director Anna Wobse recommends Council approve the 6-month performance review for Jennifer Compton. G.5 Approve Appointment of Steve Andress to the Planning Commission Steve Andress has applied for a commissioner position on the Planning Commission. There are currently three vacancies as regular commissioners and one as an alternate commissioner. Steve has actively volunteered in the past for Tour de Hugo bike run and the Lions Park committee. Mayor Tom Weidt recommends Council approve the appointment of Steve Andress as a commissioner on the Planning Commission. G.6 Approve Temporary Liquor License for the Lions Club for Ribfest September 24, 2022 The Hugo Lions Club has applied for a temporary on-sale liquor license to serve alcohol at their Rib Fest on September 24, 2022. Alcohol will be served in a enclosed area and a deputy will be present. Staff recommends Council approve the Temporary Liquor License for the Hugo Lions Club for Rib Fest on September 24. 2022 G. 7 Approve Lawful Gambling Exempt Permit for Pheasants Forever at Wild Wings Pheasants Forever has applied for a Lawful Gambling Exempt Permit to hold raffles during their Clays for Conservation event to be held at Wild Wings on August 28, 2022. The Minnesota Gambling Control Board issues the permit after approval by the City. Staff recommends Council approve the Lawful Gambling Exempt Permit for Pheasants Forever for August 28, 2022, at Wild Wings Game Farm. G.8 Approve Donation to the Hugo Fire Department from the Hugo American Legion The Hugo American Legion would like to donate $1,000 to the Hugo Fire Department for equipment and training. Donations to the Fire Department need to be approved by the City Council. Staff recommends Council approve the $1,000 donation from the Hugo American Legion to the Hugo Fire Department. G.9 Approve Pay Request No. 5 from A-1 Excavating for 121st Street/Acres of Bald Eagle Project A-1 Excavating, Inc. has submitted Pay Voucher No. 5 in the amount of $104,561.68 for work certified through July 15, 2022, on the 121st Street/Acres of Bald Eagle Project. The project is substantially complete at this time. Staff recommends Council approve payment to A-1 Excavating, Inc. in the amount of $104,561.68. G.10 Approve Pay Request No. 1 from Peterson Companies for Public Works Facility Landscaping Peterson Companies, Inc. has submitted an application for payment for the City of Hugo Public Works Facility Landscaping project in the amount of $107,280.70. The quantities completed to date have been reviewed and agreed upon by city staff. Staff recommends the City Council approve Pay Request No. 1 in the amount of $107,280.70 to Peterson Companies, Inc. for the installation of Landscaping at the City of Hugo Public Works facility. G.11 Approve Release of Oversizing Credit for Watermain and Sanitary Improvements for The Meadows of Hugo 1st Addition Centra North, LLC has requested the City release their oversizing utility credit for The Meadows of Hugo 1st Addition watermain and sanitary improvements. City staff has inspected the work and completed all required testing and recommends releasing the $302,807 watermain and the $499,032 sanitary sewer credit at this time as part of the signed Developers Agreement. The City of Hugo will not be taking ownership of the watermain and sanitary sewer until final acceptance of the project occurs. G.12 Approve Release of Oversizing Credit for Watermain Improvements for the 121st Street/Acres of Bald Eagle Project Drengson May Enterprises, LLC has requested the City release their oversizing utility credit for the 121st Street/Acres of Bald Eagle Project watermain improvements. City staff has inspected the work and completed all required testing and recommends releasing the $35,364 watermain credit at this time as part of the signed Developers Agreement. The City of Hugo will not be taking ownership of the watermain until final acceptance of the project occurs. G.13 Approve Goodview Estates Preliminary Plat Integrity Land Development, Inc., is requesting preliminary plat approval for 59 lots and 2 outlots on approximately 70 acres, 36.7 acres of buildable land, to be known as “Goodview Estates”. At its July 14, 2022, meeting the Planning Commission held a public hearing and considered the request. There were several residents that spoke during with hearing with concerns and comments on traffic, drainage, and grading. Staff finds that the development is consistent with comprehensive land use regulations, the subdivision regulations, and meets the criteria necessary to approve a rezoning of the property and recommended approval to the Planning Commission. The Planning Commission agreed and unanimously recommended approval of the preliminary plat subject to the conditions listed in the resolution. G.14 Approve Final Plat and Development Agreement for Goodview Estates East Integrity Land Development, Inc., is requesting approval of a final plat in order to plat 29 lots and 3 outlots as phase one of the Goodview Estates development. The lots meet the minimum lot standards and requirements outlined in the regulations of the Single Family Detached Residential zoning district. Staff recommends approval of the resolution approving the Final Plat and Development Agreement for Goodview Estates East, subject to review and approval by the City Attorney. G.15 Approve Final Plat and Development Agreement for Goodview Estates West Integrity Land Development, Inc., is requesting approval of a final plat in order to plat 30 lots as phase two of the Goodview Estates development. The lots meet the minimum lot standards and requirements outlined in the regulations for the Single Family Detached Residential zoning district. Staff recommends approval of the resolution approving the Final Plat and Development Agreement for Goodview Estates West, subject to review and approval by the City Attorney. G.16 Approve Wetland Replacement Plan for Goodview Estates Integrity Homes is proposing to develop a 70 acre property into the Goodview Estates development. The development will include 59 single family residential lots. The property has 33.4 acres of wetlands on site. The development will result in .53 acres of wetland impact, mostly for road construction and grading. The applicant is proposing to replace the impacts to the wetland basin though the purchase of wetland credits from an approved wetland bank. Staff recommends approval of the wetland replacement plan, subject to final Technical Evaluation Panel issuance of the Notice of Decision for the wetland replacement application. G.17 Approve Zoning Amendment to Shoreland Ordinance The Shoreland District is an overlay district in the City of Hugo. Overlay districts are superimposed over zoning districts and are areas within the City that have special regulations applied to them because of their unique characteristics. The Shoreland District of the City is land that is within 1,000 feet of the ordinary high water (OHW) level of the lakes, ponds, and flowages, and within 300 feet of the OHW level of the rivers and streams listed in the shoreland classification table in the ordinance. The structure setbacks in the City’s shoreland ordinance are more restrictive than the State Statutes regarding shoreland setbacks that the DNR uses. In order for the setbacks to align and match with the State Statutes, staff recommends approval of the ordinance amending the setbacks in the shoreland ordinance. G.18 Approve Encroachment Agreement for 13466 Fondant Trail North- Schleicher Lauren and Brent Schleicher have requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 13466 Fondant Trail North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff has reviewed the request and recommends that the City Council approve the encroachment agreement for the property located at 13466 Fondant Trail North. H.1 Public Hearing on an Off-Sale Liquor License for Brian Mottaz for 14849 Forest Boulevard (Sager Liquor) and Approval of Tobacco License Brian Mottaz, 5359 Nottingham Road, North Branch, has applied for an Off-Sale Liquor License for 14849 Forest Boulevard, Unit #1, currently Sager’s Liquor. After 20 years in business, Terry Sager is selling the business to Mottaz, who will reopen as Mottaz’s Bottle Shop. Mottaz has paid all fees and licenses and passed the background check. Hugo City Code requires a public hearing be held to consider new off-sale licenses. Staff recommends Council hold the public hearing and approve the Off-Sale Liquor License for Brian Mottaz at 14849 Forest Boulevard. Additionally, Mottaz is requesting approval of a Tobacco License for the store. Staff recommends Council approve the Tobacco License for Mottaz Bottle Shop. H.2 Public Hearing on Vacation of Drainage and Utility Easement and Approval of an Encroachment Agreement for 4635 Ethan Trail North- Christenson Casey and Kristen Christenson are requesting a vacation of a portion of the existing drainage and utility easement located over a property located at 4635 Ethan Trail North. The lot has existing drainage and utility easements on the property that were dedicated as part of the Prairie Village 3rd Addition final plat. The applicant is installing a pool on the property. The Senior Engineering Technician reviewed the request and determined that five feet of the easement could be vacated. The applicant is also requesting an encroachment agreement for a fence that is located in the easement area. Staff recommends that the City Council approve the notice to vacate a portion of the drainage and utility easement and approval of the encroachment agreement. J.1 Oneka Prairie Sketch Plan Southwind Builders, LLC is requesting the review of a sketch plan for a residential development of 59 lots and a small neighborhood park. The property is located north of the Oneka Place development at the end of Oneka Parkway. The property is currently vacant, relatively flat, and has some site constraints due to wetlands. The applicant would like to receive feedback on the project in regards to general layout, lot sizes, setbacks, and road construction. Staff recommends the City Council provide feedback to the applicant on the proposed sketch plan. M.1 National Night Out Tuesday, August 2, 2022 The Council has scheduled a meeting to attend National Night Out events on Tuesday, August 2, 2022. Staff suggests Council meet at Hugo City Hall at 4:30 p.m. Staff will provide a list of events. M.2 Candidate Filing for City Offices August 2-16, 2022 Schedule The General Election will be held on Tuesday, November 8, 2022. City races on the ballot are Mayor, Council Member Ward 1 and Council Member Ward 3. Filing for these offices will take place from August 2-16. Affidavits of Candidacy are at City Hall and must be filed with the City Clerk by 5:00 p.m. on Tuesday, August 16. M.3 Grand Opening for New Public Works Facility With the completion of the new Public Works facility, staff would like to hold a grand opening the last week of August or the first week of September at 3 or 4 p.m. Staff recommends Council select a date and time to hold the Grand Opening of the Public Works Facility. N. Adjournment Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. COUNCIL PRESENT: Klein, Miron, Petryk (ZOOM), Strub, Weidt COUNCIL ABSENT: None OTHERS PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Mark Erichson, Community Development Director Rachel Juba, City Clerk Michele Lindau Approve Minutes for the July 5, 2022, City Council Meeting Klein made motion, Miron seconded, to approve the minutes for the regular Council meeting held on July 5, 2022, as presented. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Klein seconded, to approve the agenda as presented. All Ayes. Motion carried Presentation of 2021 Audit Report - Jill Schultz, Smith Schafer & Associates Jill Schultz from the independent accounting firm of Smith Schafer & Associates presented a recap of the audit of City finances for the 2021 fiscal year. Jill talked about the six areas that are required to be tested by the State of Minnesota. Jill reviewed revenues showing the largest came from property taxes and the next being intergovernmental funds, which showed an increase due to COVID money. She next reviewed expenditures. General government expenditures, which were 23% of total expenses, decreased slightly from 2020 due to COVID related expenses that incurred in 2020. Public safety expenditures increased 9% from last year due likely to increases in fire protection and inspection increases services. Highway and streets expenditures increased 18% due to more money spent on materials for repairs and maintenances. Park maintenance and programming expenditures were up 6%. Jill explained general fund reserves were 65% of general fund expenditures. The state auditor recommends 35-50%, but Hugo looks at spending for next the year, and it is City policy to reserve 50% of the following year’s budgeted expenditures. She explained the purpose and benefits of those reserves. Minutes HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, JULY 18, 2022 – 7 P.M. Hugo City Council Meeting Minutes for July 18, 2022 Page 2 of 5 She reviewed Hugo’s debt services requirements over the next five years, which had risen to almost one million dollars a year for the three outstanding bonds. Capital project fund expenditures rose significantly due mainly to the construction of the Lions Park Pavilion and the improvements to the park and the new Public Works facility. Jill talked about the water and sewer fund, which is supported by ratepayers, saying the funds show net income every year. Jill concluded by saying Hugo received an unmodified audit opinion and no MN legal compliance exceptions. Weidt made motion, Klein seconded, to accept the findings of the audit. All Ayes. Motion carried. Approval of Consent Agenda Miron made motion, Petryk seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 2. Approve Special Event Permit for Wilson Tool Company Picnic on August 13, 2022 3. Approve Temporary Liquor License for the Lions for Wilson Tool Company Picnic August 13, 2022 4. Approve the Policy for Donation of Surplus Equipment to a Nonprofit Organization 5. Identify and Approve Expired Fire Department Gear as Surplus Equipment Eligible for Donation 6. Approve Purchase Agreement for 14716 Fondant Avenue North 7. Approve Estimate from Russel Williams for Installation of Holiday Lights 8. Approve Max Gort as New Associate Planner 9. Approve Facility Rental Policy 10. Approve Pay Request No.11 to Shreiber Mullany for Lions Park Building All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claim Roster as presented. Approve Special Event Permit for Wilson Tool Company Picnic on August 13, 2022 Wilson Tool had applied for a Special Event Permit to hold their annual company picnic on Saturday, August 13, 2022, at the Hanifl Shelter and Fields. This event required a Special Event Permit approved by Council because there would be amplified sound, alcohol served, temporary structures (tents), and approximately 900 people were expected to attend. This was a private event and free of charge to Wilson Tool employees and their families. Adoption of the Consent Agenda approved the Special Event Permit for Wilson Tool subject to the conditions attached to the permit. Hugo City Council Meeting Minutes for July 18, 2022 Page 3 of 5 Approve Temporary Liquor License for the Lions for Wilson Tool Company Picnic August 13, 2022 The Hugo Lions Club had applied for a temporary on-sale liquor license to serve alcohol at the Wilson Tool company picnic on Saturday, August 13, 2022. Adoption of the Consent Agenda approved the temporary on-sale liquor license for the Hugo Lions Club. Approve the Policy for Donation of Surplus Equipment to a Nonprofit Organization In 2016, the Minnesota Legislature passed a new law allowing local governments to donate surplus equipment to nonprofit organizations. Before a city was allowed to donate surplus equipment, State Statutes required the city to adopt a policy on how it would determine what qualifies as surplus equipment eligible for donation and how it would select nonprofit organizations eligible to receive donations. Staff had assembled a policy that established procedures for identifying surplus equipment and for the donation of surplus equipment to nonprofit organizations. Adoption of the Consent Agenda approved the Policy for Donation of Surplus Equipment to a Nonprofit Organization. Identify and Approve Expired Fire Department Gear as Surplus Equipment Eligible for Donation The Hugo Fire Department had 23 sets of turnout gear (coat and pant) and 12 helmets that no longer met industry standards for fire departments in the United States and thus had no resale value. The National Fire Protection Agency standards required the above-mentioned gear to be retired, and neither the Hugo Fire Department nor any other City Department had any use for the expired gear. The Fire Department wanted to be able to donate their expired gear to a nonprofit that was able to send the turnout gear and helmets to impoverished countries around the world where it would be used by firefighters who could not afford turnout gear and in countries that did not have NFPA standards. In order for the Hugo Fire Department to put their expired gear out for donation, City Council needed to declare the gear surplus. Adoption of the Consent Agenda identified and approved 23 sets of expired turnout gear and 12 expired helmets as surplus equipment eligible for donation. Approve Purchase Agreement for 14716 Fondant Avenue North The City had been purchasing property in the downtown area from willing sellers since 1999 for economic development purposes as a way to facilitate redevelopment in the downtown. Staff was notified by the property owner at 14701 Fondant Avenue North that they were planning on selling their property, which contained a duplex with existing renters. This property, if purchased, would be added to contiguous land the City already owns. Staff had reviewed the assessed value by Washington County ($340,300), comparable sales, and trends in percent value change over the last few years in the area. With that, staff worked on an offer, which had been accepted. Staff drafted the purchase agreement contingent on City Council approval. Adoption of the Consent Agenda approved the purchase agreement for the property located at 14716 Fondant Avenue North with a purchase price of $365,000. Hugo City Council Meeting Minutes for July 18, 2022 Page 4 of 5 Approve Estimate from Russel Williams for Installation of Holiday Lights An estimate had been received for lighting during the 2022 holiday season to be provided, installed and removed at City Hall, the new park building, along Highway 61, and in the park. Adoption of the Consent Agenda approved the estimate from Russel Williams in the amount of $10,500 for holiday lighting in 2022. Approve Max Gort as New Associate Planner At its June 6, 2022, meeting, the City Council approved the advertisement for a new Associate Planner position in the Community Development Department. Recently, staff interviewed eight applications for the position and selected Max Gort to fill the position. This position would be Pay Grade 6, Minimum, in the 2022 salary matrix. Adoption of the Consent Agenda approved the hiring of Max Gort as the new Associate Planner with the start date of August 8, 2022. Approve Facility Rental Policy Staff had reviewed the Policy Regulating the Use of the City of Hugo Public Facilities that was last updated in 2012. Changes were drafted based on current operations and the new facilities that would be available for public use. The policy would continue to allow non-profits, based on City approval, to use facilities regularly. Requirements related to the use of alcohol, clean up, and gambling were updated. Staff anticipated future Council discussion on rental fees, recreation/ scheduling software, and staffing impacts. Adoption of the Consent Agenda approved the draft Policy Regulating the Use of the City of Hugo Public Facilities. Approve Pay Request No.11 to Shreiber Mullany for Lions Park Building Schreiber Mullaney had submitted Pay Request No. 11 for the new Pavilion in Lions Park in the amount of $28,789.85. The quantities completed to date had been reviewed and agreed upon by the architect, contractor and City staff. The amount indicated above reflected the work certified through June 25, 2022 with a 5% retainage applied. The total retainage being held to date was $154,571.86. Adoption of the Consent Agenda approved payment in the amount of $28,789.85 to Schreiber Mullaney Construction for the construction of the City of Hugo Lions Park Pavilion. Discussion on Lions Park Signage Package At the Council meeting of July 5, 2022, Council reviewed the signs at Lions Park. Council discussed the impact of volunteers, including the Lions Club, to the Hugo community. A motion was made to name the park “Hugo Volunteer Park” and the building “Peder Pedersen Pavilion”. Staff was directed to come back to Council with a sign package for final approval. City Administrator Bryan Bear explained the signage options had been drafted. He had met with Pete Pedersen who indicated his preference was that the new building continue to be called a “pavilion” and that his full legal name be used thus “Peder Pedersen Pavilion. Bear presented two versions of the park name: “Hugo Volunteer Park” and “Lions Volunteer Park” Hugo City Council Meeting Minutes for July 18, 2022 Page 5 of 5 If approved, staff would move forward with ordering the signs, and there would be a formal celebration of the building. Weidt made motion, Klein seconded, to name the park “Lions Volunteer Park” and the building “Peder Pedersen Pavilion”. All Ayes. Motion carried. Preliminary Budget Meeting Monday, July 25, 2022 City Administrator Bryan Bear reminded Council that at its July 5, 2022 meeting, Council had scheduled a Preliminary Budget meeting for Monday, July 25, 2022, at 5 p.m. at City Hall. Adjournment Klein made motion, Strub seconded, to adjourn at 7:23 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk COUNCIL PRESENT: Klein, Petryk, Strub, Weidt COUNCIL ABSENT: Miron OTHERS PRESENT: City Administrator Bryan Bear, Finance Director Anna Wobse, Fire Chief Jim Compton, Jr., Deputy Fire Chief Dave Jensen, Public Works Director Scott Anderson City Administrator Bryan Bear highlighted the topics to be discussed at the workshop which included Public Works staffing restructure, Fire Department staffing needs, City Hall staffing needs, American Rescue Plan Act (ARPA) funds, and the flat tax rate policy. Public Works Director Scott Anderson shared with the Council a proposal to restructure the Public Works department into divisions. An organizational chart was displayed that showed a new superintendent position along with the creation of a streets, parks and utilities lead worker positions. Anderson shared the benefits of restructuring included providing better service to the community because lead workers would be able to provide better direction to their crews in the field, department goals would be established and achieved, and it would also help with employee retention. Anderson noted that these changes were already accounted for in the 2022 budget. Council questioned how the remaining workers would be assigned under the leads and how tasks would be assigned under the proposed model. Council asked that Anderson revamp the organizational chart to show that the superintendent position has supervisor authority over the lead workers and workers and bring the revised chart back to Council for further discussion. Next, Bear began discussion on the hiring of a full-time fire chief by providing statistics on last year’s call volume and types of calls. Call volume does not have a high impact on the chief, whose main duty is to manage the department, which involves taking care of staff, equipment, training, fleet, along with other duties that take time and effort. Bear provided options for running a fire department ranging from doing less than the department is doing now, doing the same, doing more, to hiring a full-time department. Bear asked that Council focus tonight’s discussion specifically on the need for a full-time chief position. Council questioned the current workload of the chief. Fire Chief Jim Compton, Jr. shared that he felt there was more than enough work to keep a full-time chief busy with the current services offered by the department. The City was continuing to grow, and the Fire Department wants to continue to provide good service to the community. Council felt it was important to retain some of the currently budgeted part-time positions to help maintain leadership and ownership within the Department. Council directed the Fire Chief to create a list of tasks currently being completed by the Chief and a list of tasks currently not being completed because of time constraints. They asked that information be included to how completing those tasks would benefit residents. The list should be brought back to Council for further discussion. Minutes HUGO CITY COUNCIL MEETING PRELIMINARY BUDGET WORKSHOP HUGO CITY HALL MONDAY, JULY 25, 2022 – 5 P.M. Hugo City Council Meeting Minutes for July 25, 2022 – Preliminary Budget Workshop Page 2 of 2 Bear shared with the Council that there was a possible need for an additional staff position at City Hall. There was a need for a person to handle room rental scheduling and the communication needs of the City. In addition, the City Clerk could use help with elections. Council was in support of adding an additional staff member at City Hall to handle those duties. Finance Director Anna Wobse presented on the $1.6 million in ARPA funds the City received. New Treasury guidance released in January 2022, offered a standard allowance option that would allow the City to use the total amount of the ARPA funds for general government services. The Council had until December 31, 2024 to spend the funds. Bear shared a list of possible projects with the Council. Council indicated they were not ready to make a decision and acknowledged further discussions needed to take place. Finally, Wobse discussed the flat tax rate policy with the Council. Washington County was estimating that a residential homestead in Hugo would see an average market value increase of 21% for Pay 2023. Under the flat tax rate policy, a large value increase like that would result in increased tax collections for the City, but also an increased tax bill for the residents. Wobse shared two sceneries with the Council: one following the flat tax rate policy and one deviating from the policy for one year and returning to the lower Pay 2019 tax rate, before the tax rate was increased to cover the City’s additional debt service needs. Council questioned the future effects of deviating from the policy. Council directed staff to prepare the 2023 budget deviating from the flat tax rate policy and lowering the tax rate. Weidt made motion, Klein seconded, to adjourn at 7:35 p.m. All Ayes. Motion carried. Respectfully Submitted, Anna Wobse Finance Director City of Hugo Claims August 1, 2022 G. 1 Vendor Invoice Amount Description Department Agiliti Health Inc 90159327 222.22$ AED Battery Fire Dept Ancom Technical Center 108906 4,229.50$ Install Radios (5) Fire Dept Bituminous Roadways Inc 31481 2,412.39$ Asphalt Street Dept Bound Tree Medical 84580010 47.97$ Medical Supplies Fire Dept Canteen Refreshment Services MSP48757 94.74$ Breakroom Supplies Public Works Canteen Refreshment Services MSP48758 390.22$ Breakroom Supplies Gen Gov't Bldgs Capital One Trade Credit/Northern Tool 362199062 82.36$ Parts - Unit #331 Street Dept Century Link 651 426-8763 72.37$ 911 Emergency Line Administration Comcast 7/5/2022 2.25$ Business Internet (thru August 14) Fire Dept Comcast 7/12/2022 25.25$ Business Cable (thru August 21) Administration Comcast 150187551 444.66$ Business Internet (July) Administration Electric Pump 0073938-IN 2,900.00$ Pump Repair - Lift Station No. 2 Sewer Utility Emergency Apparatus Maintenance Inc 124066 154.25$ Repairs - Unit #E1 Fire Dept Emergency Automotive Technologies Inc SVC30035 115.00$ Repairs - Unit #6105-18 Fire Dept Excel AV Group 148348 947.50$ Wireless Microphones (Oneka Room) Audio/Video Galls LLC 21584026 159.99$ Flashlight Fire Dept Gene's Disposal Service Inc 447822 1,249.56$ June Waste Hauling - New PW Facility Public Works Gene's Disposal Service Inc 447822 274.46$ June Waste Hauling - PW Facility Public Works Gene's Disposal Service Inc 447822 209.06$ June Waste Hauling - Fire Station Fire Dept Gene's Disposal Service Inc 447822 98.35$ June Waste Hauling - City Hall Gen Gov't Bldgs Grainger 9363702227 45.74$ Wheel Brush Public Works Grainger 9369031522 358.19$ Hanging File Racks (7) Public Works Graphic Resources 73102 63.80$ Business Cards - Scott Anderson Public Works Graphic Resources 73102 63.79$ Business Cards - Liz Finnegan Engineering Dept Graphic Resources 73102 63.79$ Business Cards - Mike Loeffler Street Dept Graphic Resources 73179 1,338.20$ Utility Bill Mailing Water & Sewer Graphic Resources 73208 159.95$ Envelopes Administration Graphic Resources 73208 126.54$ Envelopes Public Works Graphic Resources 73557 113.13$ Business Cards - Public Works Public Works Graphic Resources 73557 76.13$ Business Cards - Steve Garcia Street Dept Graphic Resources 73557 76.12$ Business Cards - Jennifer Compton Finance/Water & Sewer Hardwood Creek Lumber Inc 12528 1,900.00$ Pine Lath Engineering Dept HD Sod Inc 10697 75.13$ Sod - CSAH 8 Street Dept Hugo Feed Mill 66408 10.99$ Pest Control Supplies Engineering Dept Hugo Feed Mill 128391 11.99$ Shop Supplies Public Works Hugo Feed Mill 128570 2.75$ Keys - Hanifl Parks Dept Hugo Feed Mill 128900 6.49$ Good Neighbor Days Supplies Parks Dept Hugo Feed Mill 129207 22.96$ Keys - 14696 Fondant Ave Rental Properties Innovative Office Solutions LLC IN3854385 9.35$ Business Card Holders Public Works Innovative Office Solutions LLC IN3855585 15.58$ Breakroom Supplies Public Works Innovative Office Solutions LLC IN3863116 35.87$ Key Tags & Post It Dispenser Fire Dept International Institute of Municipal Clerks 26741 175.00$ 2022 Membership Dues - Michele Lindau City Clerk Jefferson Fire & Safety Inc IN141668 890.27$ Thermal Imaging Camera - Unit #6108-22 Fire Dept Jefferson Fire & Safety Inc IN141958 773.30$ Stat-X Handheld Fire Suppression System (Donation Monies)Fire Dept Lakes Center for Youth & Families 2022 Hugo 15,000.00$ 2022 Contribution - Youth Diversion Program Contributions Laughlin's Pest Control 52323 97.75$ July Pest Control Service Gen Gov't Bldgs Lawson Products 9309724403 764.25$ Bulk Hardware Supplies Public Works Loffler Companies Inc 476835343 480.31$ July Copier Service Payment Administration Loffler Companies Inc 476835343 50.63$ Overage Charges (Color) Administration Loffler Companies Inc 476835343 1.59$ Overage Charges (B & W) Administration MacQueen Emergency P02850 1,644.31$ SCBA Masks (5) Fire Dept MacQueen Emergency P02888 49.12$ Helmet Decals Fire Dept MacQueen Emergency P02740 (656.02)$ Credit - Modern Helmet (2) Returned Fire Dept Menards 88239 142.72$ Landscaping Supplies - New PW Facility Public Works Minnesota Rural Water Association Registration 150.00$ Hydrant Repair Workshop - R. Hollerbach Water Utility NAC Mechanical Corp 200132 750.05$ HVAC Repairs - CH Gen Gov't Bldgs NAC Mechanical Corp 200209 404.00$ HVAC Repairs - Well House No. 5 Water Utility Nadeau, Alyssa CLAIM 98.00$ NREMT Application Fee (National Registry of EMTs) Fire Dept Northeast Youth & Family Services 220 15,000.00$ 2022 Contribution - Youth Diversion Program Contributions Oertel Architects 20-01.22 10,000.00$ Public Works Facility Public Works Oertel Architects 20-01.23 9,595.51$ Public Works Facility Public Works Oertel Architects 20-01.24 17,598.74$ Public Works Facility Public Works Press Publications 745171 44.45$ Filings of Affidavits for Candidacy Ordinances/Proceedings Press Publications 745172 28.58$ Planning Commission Public Hearing Notice Ordinances/Proceedings Press Publications 745173 31.75$ City Council Public Hearing Notice Ordinances/Proceedings Press Publications 745175 28.58$ City Council Public Hearing Notice Ordinances/Proceedings Press Publications 745176 381.00$ Summary Financial Report Ordinances/Proceedings Press Publications 745177 304.80$ Statement of Net Position Ordinances/Proceedings Press Publications 745178 238.13$ Statement of Revenues & Expenses Ordinances/Proceedings Page 1 City of Hugo Claims August 1, 2022 G. 1 Vendor Invoice Amount Description Department Press Publications 745180 257.18$ Statement of Cash Flows Ordinances/Proceedings Ricoh USA, Inc 106341843 194.61$ August Copier Lease Payment Public Works Schwaab, Inc 5714699 40.25$ Notary Stamp - Michele Lindau City Clerk Signature Lighting Inc 1312 2,039.06$ Streetlight Repairs - Materials Street Dept Signature Lighting Inc 1315 305.00$ Underground Locating - City Owned Streetlights Street Dept Signature Lighting Inc 1315 192.00$ Streetlight Repairs Street Dept Stepp Mfg 61287 254.43$ Parts - Unit #308-19 Street Dept Tablet Command INV-0637 175.00$ Tablet Command License Upgrade Fire Dept T-Mobile 870254054 666.28$ Cellular Phone Charges Various T-Mobile 870254054 158.00$ Equipment Charge Water & Sewer Tri-State Bobcat A06060 1,153.92$ Parts - Unit #304-19 Street Dept Tri-State Bobcat E33117 575.00$ Soil Conditioner (Rental) - New PW Facility Public Works TruGreen 161187961 1,102.50$ Grub Control - Hanifl Fields Parks Dept Twin City Hardware PSI2128564 308.35$ Door Repairs - Hanifl Gathering Room Parks Dept Twin City Hardware PSI2128564 163.75$ Door Repairs - Rice Lake Center Public Works UniFirst Corporation 090 0706137 119.79$ Uniforms, Supplies & Floor Mat Services (PW) Public Works Verizon Wireless 9910379685 1,065.18$ Cellular Phone Charges Various Verizon Wireless 9910379685 649.99$ IPAD - Unit #6108-22 Fire Dept Washington County Sheriff 204476 7,804.19$ Good Neighbor Days Security Law Enforcement Wex Bank 82317664 21.41$ Propane Public Works Xcel Energy 51-0013493712-0 30.59$ Lions Park Pavilion Natural Gas Service Parks Dept Zack's Inc 35459 704.65$ Towels, Gloves, Sledgehammers, Post Hole Digger, Etc Public Works Ziegler Inc IN000605734 222.35$ Parts - Unit #326-11 Street Dept Ziegler Inc IN000614750 127.60$ Parts - Unit #304-F Street Dept 111,106.49$ Total Claims for August 1, 2022 Page 2 Name: Address: Phone: Home Work Cell Email: Interested in: Historical Commission Parks, Recreation, and Open Space Commission Planning Commission Board of Zoning Adjustments Economic Development Authority (EDA) Please tell why you are interested in serving on the Commission. Commission Application 14669 Fitzgerald Avenue North, Hugo, MN 55038 • (651) 762-6300 • www.ci.hugo.mn.us Please tell what groups or organizations you have been a member of and in what capacity have you participated. Please list any skills, experiences, or interests you have as they relate to serving on the Commission. Please feel free to include a letter of interest or any other information you think would be helpful to the City Council when considering your application. Sign Date You must be using Adobe Reader to submit this form. Otherwise, save to your computer, then email to info @ci.hugo.mn.us. Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number '-4-1 llij,____,_·· =-D .......... l""--J o=--=-t1-=s__,,C-=..ote....=-'ul:Jc....=_ ______ I ..--I /�q....-:",:7---==5::------.I I 5 / -01 't' 5o I 3 Address City State Zip Code ,_,_[¥--=.D=--·-X> ........ ��a'-=--�-'--'--, _____ �11 UKjo I '---I ..e....:...,_m_lU _ ____,l l55o3B �ame of person making application Business phone Home phone 1=SJL.>..J.JA_._,,s�cn"'-'--'•-....£�=-< . ....::........c, 1:....__.e'--1--J-""-'-t,t<..,c.=,.__ ______ I � o);?t 7-9Vo� .__ ___ ___, Date(s) of event Type of organization D Microdistillery D Small Brewer �lo-, -.e-'-'-p-+-�-m-betl.. ___ '9_</_�--a-0-d---�------,, �lub □ Charitable □ Religious □ Other non-profit Organization officer's name City State Zip Code ���N�on�J�-�--_-_1c:3----..{,�f..�---�' IVO-drJai5 He:,h·M 07(\.)I l.f5J�r:J Organization officer's name City State Zip Code '---------------------' �------�------' �' ---� Organization officer's name City State Zip Code '-------------------� '-------� '-----------'' '--------' Location where permit will be used. If an outdoor area, describe. )-/o.,nl--PI 1ielda ,03;;__ ;317� 5..i-_ Hu.JD 1 rnr0 5:503� If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. --:5 :S. � "-j \ �. f<.. 'I>-s-t-, ·1 o \ r;; n�1& 8 f v £)_ N , z: , N'l pl5i ¥1' t0 5S 9, � •i<re0-).�-Jhru-:Be-� (___{c;_J'(_ If ri<e applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Please Print Name of City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY /COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY /COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US $25 7-21-22 121st Street and Acres of Bald Eagle Utilities & Street Improvements Project Pay Voucher 5 Page 1 of 7 Client: City of Hugo Contractor: A-1 Excavating, Inc. 14669 Fitzgerald Avenue North PO Box 90 Hugo, MN 55038 Bloomer, WI 54724 Contract Amount Funds Encumbered Original Contract $1,005,924.00 Original $1,005,924.00 Contract Changes $0.00 Additional N/A Revised Contract $1,005,924.00 Total $1,005,924.00 Work Certified To Date Base Bid Items $990,852.91 Contract Changes $0.00 Material On Hand $0.00 Total $990,852.91 Work Certified This Voucher Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date $68,344.80 $990,852.91 $9,908.53 $876,382.70 $104,561.68 $980,944.38 Percent Retained: 1% Percent Complete: 98.5% This is to certify that the items of work shown in this Pay Voucher have been actually furnished for the work comprising the above- mentioned project in accordance with the plans and specifications heretofore approved. Approved By WSB Approved By A-1 Excavating, Inc. Signature Signature Date Date Approved By City of Hugo Signature Date WSB Project No.: 018363-000 Client Project No.: State Project No.: Federal Project No.: 7/28/2022 121st Street and Acres of Bald Eagle Utilities & Street Improvements Project Pay Voucher 5 Page 2 of 7 Payment Summary No. Up Through Date Work Certified Per Voucher Amount Retained Per Voucher Amount Paid Per Voucher 1 10/31/21 $653,739.40 $32,686.97 $621,052.43 2 11/30/21 $135,964.58 $6,798.23 $129,166.35 3 12/31/21 $32,690.87 $1,634.54 $31,056.33 4 06/08/22 $100,113.26 $5,005.67 $95,107.59 5 07/28/22 $68,344.80 ($36,216.88) $104,561.68 Funding Category Name Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date 121st $158,185.04 $1,581.86 $150,275.79 $6,327.39 $156,603.18 Development $832,667.87 $8,326.67 $726,106.91 $98,234.29 $824,341.20 Accounting Number Funding Source Amount Paid This Voucher Revised Contract Amount Funds Encumbered To Date Paid Contractor To Date 1 Local $6,327.39 $129,977.00 $129,977.00 $156,603.18 2 Cooperative Agreement $98,234.29 $875,947.00 $875,947.00 $824,341.20 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 1 2021.501 MOBILIZATION LS $31,740.00 1 0.1 $3,174.00 1 $31,740.00 2 2101.524 CLEARING TREE $200.00 2 0 $0.00 0 $0.00 3 2101.524 GRUBBING TREE $600.00 2 0 $0.00 0 $0.00 4 2103.501 BUILDING REMOVAL LS $16,000.00 1 0 $0.00 1 $16,000.00 5 2104.502 ABANDON AND SEAL WELL EACH $4,100.00 1 0 $0.00 1 $4,100.00 6 2104.502 REMOVE SEPTIC TANK EACH $2,500.00 1 0 $0.00 0 $0.00 7 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH) L F $6.00 100 0 $0.00 52 $312.00 8 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) L F $3.00 200 0 $0.00 159 $477.00 9 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT S Y $10.00 23 0 $0.00 92 $920.00 10 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT S Y $10.00 30 -501.7 ($5,017.00) 128 $1,280.00 11 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $5.00 100 0 $0.00 13.88 $69.40 12 2105.504 GEOTEXTILE FABRIC TYPE 5 S Y $1.25 2920 0 $0.00 0 $0.00 13 2106.507 EXCAVATION - COMMON (P) C Y $10.00 1100 0 $0.00 1100 $11,000.00 14 2106.507 SELECT GRANULAR EMBANKMENT (CV) C Y $22.00 1680 0 $0.00 1512 $33,264.00 121st Street and Acres of Bald Eagle Utilities & Street Improvements Project Pay Voucher 5 Page 3 of 7 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 15 2112.519 SUBGRADE PREPARATION RDST $245.00 15 0 $0.00 15 $3,675.00 16 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $140.00 20 0 $0.00 0 $0.00 17 2123.610 UTILITY CREW HOUR $600.00 8 0 $0.00 4.13 $2,478.00 18 2130.523 WATER MGAL $25.00 20 0 $0.00 0 $0.00 19 2211.509 AGGREGATE BASE CLASS 5 TON $18.00 1600 0 $0.00 2649.7 $47,694.60 20 2331.603 JOINT ADHESIVE L F $1.00 1000 0 $0.00 934 $934.00 21 2357.506 BITUMINOUS MATERIAL FOR TACK COAT GAL $4.00 280 50 $200.00 50 $200.00 22 2360.504 TYPE SP 9.5 WEAR CRS MIX (2,C) 3.0" THICK S Y $84.00 30 128 $10,752.00 128 $10,752.00 23 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2,C) TON $82.00 470 536.9 $44,025.80 566.08 $46,418.56 24 2360.509 TYPE SP 12.5 WEARING COURSE MIX (2,C) TON $74.00 790 0 $0.00 738 $54,612.00 25 2505.601 UTILITY COORDINATION L S $500.00 1 0 $0.00 1 $500.00 26 2531.504 6" CONCRETE DRIVEWAY PAVEMENT S Y $135.00 23 0 $0.00 92 $12,420.00 27 2531.603 CONCRETE CURB & GUTTER DES SURMOUNTABLE L F $23.00 940 0 $0.00 934 $21,482.00 28 2540.602 TEMPORARY MAIL BOX EACH $70.00 10 0 $0.00 10 $700.00 29 2563.601 TRAFFIC CONTROL LS $3,450.00 1 0.1 $345.00 1 $3,450.00 30 2564.518 SIGN PANELS TYPE C S F $110.00 7 0 $0.00 0 $0.00 31 2564.602 SIGN PANELS TYPE SPECIAL EACH $550.00 1 0 $0.00 0 $0.00 32 2573.501 STABILIZED CONSTRUCTION EXIT LS $700.00 1 0.5 $350.00 1 $700.00 33 2573.502 STORM DRAIN INLET PROTECTION EACH $120.00 6 0 $0.00 4 $480.00 34 2573.503 SILT FENCE, TYPE MS L F $1.00 2100 0 $0.00 2100 $2,100.00 35 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F $2.50 900 0 $0.00 0 $0.00 36 2574.507 COMMON TOPSOIL BORROW C Y $15.00 450 0 $0.00 0 $0.00 37 2574.508 FERTILIZER TYPE 3 LB $1.00 300 0 $0.00 100 $100.00 38 2575.505 SEEDING ACRE $500.00 0.9 0.5 $250.00 1.5 $750.00 121st Street and Acres of Bald Eagle Utilities & Street Improvements Project Pay Voucher 5 Page 4 of 7 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 39 2575.508 SEED MIXTURE 25-131 LB $5.00 190 100 $500.00 100 $500.00 40 2575.523 RAPID STABILIZATION METHOD 3 MGAL $615.00 5 5 $3,075.00 11 $6,765.00 41 2575.604 ROLLED EROSION PREVENTION CATEGORY 25 S Y $1.70 3200 0 $0.00 900 $1,530.00 42 2105.601 DEWATERING LS $50,000.00 1 0 $0.00 1 $50,000.00 43 2503.502 4" CLEANOUT EA $420.00 5 0 $0.00 3 $1,260.00 44 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH $5,200.00 1 0 $0.00 1 $5,200.00 45 2503.602 CONNECT TO EXISTING MANHOLES (SAN) EACH $5,200.00 1 0 $0.00 1 $5,200.00 46 2503.602 8"X4" PVC WYE EACH $270.00 21 0 $0.00 21 $5,670.00 47 2503.603 TELEVISE SANITARY SEWER L F $1.00 2150 0 $0.00 2147 $2,147.00 48 2503.603 4" PVC PIPE SEWER L F $30.00 1060 0 $0.00 1086 $32,580.00 49 2503.603 8" PVC PIPE SEWER L F $48.00 510 0 $0.00 672 $32,256.00 50 2503.603 8" PVC PIPE SEWER SDR 35 L F $40.00 1640 0 $0.00 1475 $59,000.00 51 2506.602 CASTING ASSEMBLY (SANITARY) EACH $720.00 9 9 $6,480.00 9 $6,480.00 52 2506.602 CHIMNEY SEAL EACH $250.00 9 9 $2,250.00 9 $2,250.00 53 2506.603 CONSTRUCT 48" DIA SANITARY MANHOLE L F $367.00 126 0 $0.00 121.8 $44,700.60 54 2506.603 CONSTRUCT 8" OUTSIDE DROP L F $590.00 16.3 0 $0.00 16.22 $9,569.80 55 2504.602 CONNECT TO EXISTING WATER MAIN EACH $1,600.00 1 0 $0.00 1 $1,600.00 56 2504.602 CONNECT TO EXISTING WATERMAIN (SPEC) EACH $770.00 1 0 $0.00 1 $770.00 57 2504.602 HYDRANT EACH $4,475.00 5 0 $0.00 5 $22,375.00 58 2504.602 1" CORPORATION STOP EACH $155.00 16 0 $0.00 16 $2,480.00 59 2504.602 1.5" CORPORATION STOP EACH $305.00 5 0 $0.00 5 $1,525.00 60 2504.602 6" GATE VALVE & BOX EACH $1,650.00 6 0 $0.00 6 $9,900.00 61 2504.602 8" GATE VALVE & BOX EACH $2,225.00 1 0 $0.00 1 $2,225.00 62 2504.602 12" GATE VALVE & BOX EACH $3,810.00 2 0 $0.00 2 $7,620.00 121st Street and Acres of Bald Eagle Utilities & Street Improvements Project Pay Voucher 5 Page 5 of 7 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 63 2504.602 6" SADDLE EACH $115.00 3 0 $0.00 5 $575.00 64 2504.602 1" CURB STOP & BOX EACH $310.00 16 0 $0.00 16 $4,960.00 65 2504.602 1.5" CURB STOP & BOX EACH $560.00 5 0 $0.00 5 $2,800.00 66 2504.603 1" TYPE K COPPER PIPE L F $34.00 620 0 $0.00 653 $22,202.00 67 2504.603 1.5" TYPE K COPPER PIPE L F $45.00 140 0 $0.00 625 $28,125.00 68 2504.603 6" WATERMAIN DUCTILE IRON CL 52 L F $53.00 360 0 $0.00 386 $20,458.00 69 2504.603 8" WATERMAIN DUCTILE IRON CL 52 L F $58.00 500 0 $0.00 426 $24,708.00 70 2504.603 12" WATERMAIN DUCTILE IRON CL 52 L F $78.00 1500 0 $0.00 1424 $111,072.00 71 2504.604 4" POLYSTYRENE INSULATION S Y $51.00 50 0 $0.00 0 $0.00 72 2504.608 DUCTILE IRON FITTINGS LB $14.00 900 0 $0.00 740 $10,360.00 73 2104.503 REMOVE SEWER PIPE (STORM) L F $10.00 40 0 $0.00 40 $400.00 74 2501.502 12" RC PIPE APRON EACH $670.00 2 0 $0.00 1 $670.00 75 2501.502 15" RC PIPE APRON EACH $755.00 1 0 $0.00 1 $755.00 76 2501.602 TRASH GUARD FOR 15" PIPE APRON EACH $600.00 1 0 $0.00 1 $600.00 77 2502.603 6" PERF TP PIPE DRAIN L F $23.00 300 0 $0.00 0 $0.00 78 2503.503 12" RC PIPE SEWER DES 3006 CL V L F $64.00 120 0 $0.00 77 $4,928.00 79 2503.503 15" RC PIPE SEWER DES 3006 CL V L F $66.00 170 0 $0.00 165 $10,890.00 80 2506.502 CASTING ASSEMBLY EACH $980.00 2 2 $1,960.00 2 $1,960.00 81 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 L F $370.00 19 0 $0.00 19 $7,030.00 82 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPECIAL EACH $2,000.00 1 0 $0.00 0 $0.00 83 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPEC (2'X3') EACH $2,570.00 2 0 $0.00 2 $5,140.00 84 2511.507 RANDOM RIPRAP CLASS III C Y $85.00 30 0 $0.00 14.62 $1,242.70 85 2106.507 EXCAVATION - COMMON (P) C Y $4.00 22195 0 $0.00 22195 $88,780.00 86 2112.519 SUBGRADE PREPARATION RDST $360.00 5 0 $0.00 5 $1,800.00 121st Street and Acres of Bald Eagle Utilities & Street Improvements Project Pay Voucher 5 Page 6 of 7 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 87 2573.503 SILT FENCE, TYPE MS L F $1.00 4800 0 $0.00 3234 $3,234.00 88 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F $2.50 2100 0 $0.00 0 $0.00 89 2574.508 FERTILIZER TYPE 3 LB $0.50 2580 0 $0.00 500 $250.00 90 2575.505 SEEDING ACRE $105.00 7.4 0 $0.00 6.25 $656.25 91 2575.508 SEED MIXTURE 21-112 LB $2.00 610 0 $0.00 270 $540.00 92 2575.508 SEED MIXTURE 25-131 LB $4.00 240 0 $0.00 0 $0.00 93 2575.508 SEED MIXTURE 33-261 LB $27.00 40 0 $0.00 40 $1,080.00 94 2575.508 SEED MIXTURE 34-181 LB $1,670.00 0.4 0 $0.00 0 $0.00 95 2575.523 RAPID STABILIZATION METHOD 3 MGAL $425.00 44 0 $0.00 21 $8,925.00 96 2575.604 ROLLED EROSION PREVENTION CATEGORY 25 S Y $1.50 4400 0 $0.00 3000 $4,500.00 Bid Totals: $68,344.80 $990,852.91 Project Category Totals Category Amount This Voucher Amount To Date SCHEDULE A - SURFACE IMPROVEMENTS $57,654.80 $317,403.56 SCHEDULE B - SANITARY SEWER IMPROVEMENTS $8,730.00 $256,313.40 SCHEDULE C - WATER MAIN IMPROVEMENTS $0.00 $273,755.00 SCHEDULE D - STORM SEWER IMPROVEMENTS $1,960.00 $33,615.70 SCHEDULE E - SURFACE IMPROVEMENTS - DEVELOPMENT $0.00 $109,765.25 Contract Change Item Status CC CC No. Line No. Item Description Units Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date Contract Change Totals: Contract Change Totals No. Contract Change Description Amount This Voucher Amount To Date 121st Street and Acres of Bald Eagle Utilities & Street Improvements Project Pay Voucher 5 Page 7 of 7 Material On Hand Additions Line No. Item Description Date Added Comments Material On Hand Balance Line No. Item Description Date Added Used Remaining CITY OF HUGO CITY COUNCIL AGENDA REPORT TO: Bryan Bear, City Administrator FROM: Scott Anderson, Public Works Director SUBJECT: Payment Request #1 Hugo Public Works Facility Landscaping Project Peterson Companies, Inc. DATE: For the City Council Meeting of August 1, 2022 BACKGROUND Please find the enclosed application for payment for the City of Hugo Public Works Facility Landscaping project in the amount of $107,280.70. The quantities completed to date have been reviewed and agreed upon by city staff. DESIRED ACTION Staff recommends the City Council approve payment request #1 in the amount of $107,280.70 to Peterson Companies, Inc. for the installation of Landscaping at the City of Hugo Public Works facility. APPLICATION AND CERTIFICATION FOR PAYMENT CUSTOMER: City of Hugo PROJECT: Hugo Public Works Facility APPLICATION NO: 1 Distribution Via Email: 14669 Fitzgerald Ave. N. Hugo, MN 55038 8220 140th St N Hugo, MN 55038-9447 INVOICE NO: 49220 □ OWNER □ ARCHITECT PERIOD TO: 7/31/2022 □ CONTRACTOR CONTRACTOR: Peterson Companies, Inc. VIA ARCHITECT: □ 8326 Wyoming Trail Chisago City, MN 55013 PROJECT NO: 22075 □ CONTRACT FOR: CONTRACT DATE: 5/25/2022 CONTRACTOR’S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. The undersigned Contractor certifies that to the best of the Contractor’s Knowledge, Continuation Sheet Page 2, is attached. information and belief the Work covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 1. ORIGINAL CONTACT SUM $ 122,991.00 2. Net change by Change Orders -12,933.00 CONTRACTOR: Peterson Companies, Inc. 3. CONTRACT SUM TO DATE (Line 1±2) 110,058.00 4. TOTAL COMPLETED & STORED TO By: ________________________________________ Date: ___________________ DATE (Column G on G703) 107,280.70 5. RETAINAGE: State of: MN County of: Chisago a. On Completed Work $ 0.00 Subscribed and sworn to before me this ________ day of __________________ (Column D + E on G703) Notary Public: b. On Stored Material 0.00 My Commission Expires: (Column F on G703) Total Retainage (Line 5a + 5b or Total in Column I of G703) 0.00 6. TOTAL EARNED LESS RETAINAGE 107,280.70 (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR 0.00 PAYMENT (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 107,280.70 9. BALANCE TO FINISH, INCLUDING RETAINAGE 2,777.30 (Line 3 less Line 6) Change Order Summary Additions Deductions Total Changes approved in previous months by Owner: 0.00 0.00 Total approved this Month 18,764.00 31,697.00 NET CHANGES by Change Order $ -12,933.00 CRITL 7/21/22 21 July 2022 1/31/24 CONTINUATION SHEET Project: Hugo Public Works Facility Page 2 Application and Certification for Payment Application No: 1 containing contractor’s signed Certification is attached. Application Date: 7/7/2022 In tabulations below, amounts are stated to the nearest dollar. Period To: 7/31/2022 Use Column I on Contracts where variable retainage for line items may apply. Project No: 22075 A B C D E F G H I Item Description of Work Scheduled Work Completed Materials Total % Balance Retainage No. Value Previous Application This Period Presently Stored (Not in D or E) Completed and Stored to Date (D+E+F) (G / C) To Finish (C – G) 1 Irrigation 35,748.00 0.00 35,748.00 0.00 35,748.00 100 0.00 0.00 2 Landscaping 55,546.00 0.00 52,768.70 0.00 52,768.70 95 2,777.30 0.00 3 Sod 0.00 0.00 0.00 0.00 0.00 *** 0.00 0.00 CO1 Seeding 18,764.00 0.00 18,764.00 0.00 18,764.00 100 0.00 0.00 Totals 110,058.00 0.00 107,280.70 0.00 107,280.70 97 2,777.30 0.00 Agenda Number G.13 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Integrity Land Development, Inc. Request for Preliminary Plat for “Goodview Estates” consisting of 59 single family homes and 2 outlots on approximately 70 acres located at 13452 Goodview Avenue North. DATE: July 28, 2022 for the City Council Meeting of August 1, 2022 ZONING: Single Family Detached Residential (R-3) LAND USE: Low Density Residential (LD) REVIEW DEADLINE (120-days): September 14, 2022 1.PLANNING COMMISSION UPDATE: At its July 14, 2022, meeting the Planning Commission held a public hearing and considered the required. There were several residents that spoke during with hearing with concerns and comments on: •Speeding and traffic on Goodview Avenue •Drainage from the development •Grading of the property for new homes Staff stated all drainage needs to be taken care of on the project site and that the development has incorporated stormwater management facilities. Staff stated the grading plan will be reviewed and approved by the City Engineer and we will ensure the grading will be tied into the adjacent properties appropriately. Staff finds that the development is consistent with comprehensive land use regulations, the subdivision regulations, and meets the criteria necessary to approve a rezoning of the property and recommended approval to the Planning Commission. The Planning Commission agreed and unanimously recommended approval of the preliminary plat subject to the conditions listed in the resolution. Goodview Estates Preliminary Plat Page 2 2. DESCRIPTION OF REQUEST: The applicant is requesting preliminary plat approval for 59 lots and 2 outlots on approximately 70 acres, 36.7 acres of buildable land, to be known as “Goodview Estates”. The outlots within the plat contain stormwater ponds and wetlands. The net density of the project is 1.6 units per acre. 3. CONTEXT: A. Surrounding Land Use and Zoning The properties to the north are zoned Single Family Detached Residential (R-3) and are guided as Low Density Residential (LD) in the 2040 Comprehensive Plan. They are residential lots in the Birch Tree Pond neighborhood. The properties to the east are Future Urban Service (FUS) and are guided as Low Density Residential (LD). They are five acre lots and occupied by single family homes. The properties to the south are zoned Planned Unit Development (PUD) and Single Family Detached Residential (R-3) and are guided as Low Density Residential (LD). They are a mix of larger lots and the residential lots in the Adelaide Landing development and are occupied by single family homes. The property to the west is zoned Planned Unit Development (PUD) and guided as Low Density Residential (LD). The property is developed with residential lots and single family homes in the Adelaide Landing development. B. Natural Site Characteristics The property is generally flat and contains wetlands, ditches, and several trees. The existing home and accessory building on the property is proposed to be removed or demolished. 4. ANALYSIS: A. Level of City Discretion in Decision-Making The City’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the preliminary plat. B. Consistency with Ordinance Standards Development Phasing The development is proposed to be completed in one phase. Lot Size The R-3 zoning district requires a minimum lot size of 10,400 square feet and a minimum lot width of 80 feet. The lot sizes range between 27,326 and 10,405 square feet, with an average lot Goodview Estates Preliminary Plat Page 3 size of 13,643 square feet. The lots comply with the ordinance standards. The final easement dimensions will be reviewed with the final plat application. Density The maximum development density in the R-3 zoning district is 3 units per 1 acre. The applicant is proposing a residential net density of 1.60 units per 1 acre, which fits the requirements of the R-3 zoning district. Setbacks The R-3 zoning district requires a 30-foot front and rear yard setback and a 10-foot side yard setback. The plans would comply with the setback requirements. Landscaping/Lighting The landscape ordinance requires two over story shade trees in the front yard of each lot. The applicant is proposing trees in the boulevards along the streets and in the front yard of each lot. The proposed landscape plan meets the code requirements for single family home developments. The applicant has not submitted a lighting plan for the development, but shall meet the requirement for street lighting in residential zoning districts. The street lighting shall be reviewed and approved by City staff prior to installation with the final plat for each phase. Drainage/Grading The City will review and issue a stormwater management permit for the development. The plans include managing stormwater through a combination of ponds and a stormwater reuse system. While there is not regulated FEMA floodplain on the site, there is RCWD regulated floodplain present. The RCWD regulated floodplain elevation for this area is 929.82. All fill below the regulated floodplain elevation will require compensatory storage. The design is generally consistent with stormwater rules as proposed, and staff will work with the applicant to finalize the plans and technical requirements and issue a stormwater permit as the project moves forward Water Re-use The plans include the installation of a stormwater reuse system to be utilized to irrigate individual lots. The City will determine if the proposed system is feasible from a water availability and equipment standpoint and staff will finalize the technical details as the project moves forward. The system will be installed by the applicant and owned/operated/maintained by the homeowner’s association. The system will be part of the overall stormwater management improvements to be included as part of the stormwater permit. A stormwater reuse agreement between the City and the applicant shall be recorded. The agreement will include provisions that will allow the City to operate the system in the event that it is necessary to maintain compliance with the stormwater permit. The provisions will include an ability to assess any City costs associated with operation and maintenance of the system. Goodview Estates Preliminary Plat Page 4 Staff is working with the applicant to determine whether or not the water reuse system will generate stormwater management credits beyond those required to meet their own permitting requirements. If that is the case, the City will include in its use agreement with the developer that excess credits generated are the property of the City. Wetlands The property includes some wetlands, which have been delineated and approved by the City as LGU. The applicant is proposing to impact a small portion of wetlands for street construction and grading. The applicant has submitted a wetland replacement plan to the Technical Evaluation Panel (TEP) for approval of the wetland impacts. The wetland replacement plan will need to be approved prior to final plat approval. Utilities Watermain is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending from 135th Street. Watermain will be installed to the street limits but is not proposed to be extended further. Sanitary sewer is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending south from 135th Street. Both current stubs are 10” pipe but will be reduced to 8’ throughout the development and are not proposed to be extended beyond the current development limits. Adjacent areas are served from different sewer service districts. Streets/Access Access will occur from Goodview Avenue and two existing stub streets located off of 135th Street in Birch Tree Ponds. The applicant has provided right-of-way along Goodview Avenue and trail easement to accommodate a future trail along the west side of Goodview Avenue, consistent with the Comprehensive Plan. The applicant will be responsible to place in escrow, money to cover future costs of trail and conversion of Goodview Avenue to an urban section, along the length of their property adjacent to Goodview Avenue. This will be documented in the development agreement with the final plat. Parking The City requires each home to provide a minimum of 2 parking spaces. We have included this as a condition of approval. Goodview Estates Preliminary Plat Page 5 Building Height The maximum building height is 35 feet. The elevations should be provided and dimensioned in order to insure this requirement is being met. This item will be reviewed with the building permits. Sidewalks/Trails The City Code does not require sidewalks along roads for projects that has lots 80 feet in width or larger. The applicant is not proposing sidewalks. The applicant is proposing a meandering off-street trail with access from two points in the development. The trails will be constructed of asphalt as it leaves the development and then convert to gravel. The trail is proposed to extend through a City owned outlot in Adelaide Landing for access to the park. The City will continue to work on the exact location of the trail. Park Dedication The applicant is proposed to pay the park dedicate fee for the development. The park dedication fee is $3,400 per lot for a total of $197,200.00. The fee will be paid as part of the development agreement with the final plat. Homeowners Association A homeowners association (HOA) is proposed for the development. All of the homes would be part of a Master HOA will be established for the development to own/operate/maintain community areas and the water re-use system. Prior to the recording of the final plat, association documents shall be reviewed and approve by staff. 4. CONCLUSION: Staff finds that the development is consistent with comprehensive land use regulations, the subdivision regulations, and meets the criteria necessary to approve a rezoning of the property. 5. STAFF RECOMMENDATION: Staff recommends approval of the rezoning and preliminary plat, subject to the findings in the attached resolution. 6. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval of the preliminary plat subject to the conditions listed in the resolution. Goodview Estates Preliminary Plat Page 6 ATTACHMENTS: 1. Resolution 2. Location Map 3. Engineer’s Memo dated July 7, 2022 4. Development plans Goodview Avenue North130th Street North 13 5 t h S tr e e t No rt h Egg Lake Road North Fondant Trail North131st Street North 138th Street North 130th Lane North Freeland Court North Flint Circle NorthFlay Avenue NorthFletcher Lane North131st Al cove Nort hGoodview Estates - Preliminary Plat Application13452 Goodview Ave N Location MapHugo, MN Site Roads Hugo Border Parcel Boundary Document Path: S:\Mapping\GIS\Events\Golden Spike\Goodview Esates.mxdSite RESOLUTION 2010-23 APPROVING A PRELIMINARY PLAT INTERGITY LAND DEVELOPMENT, INC. FOR “GOODVIEW ESTATES” LOCATED AT 13452 GOODVIEW AVENUE NORTH WHEREAS, Integrity Land Development, Inc. has requested approval of a preliminary plat to develop 58 lots and 2 outlots to be known as “Goodview Estates” located at 13452 Goodview Avenue North and is legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed said site plan 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 approve the preliminary plat for “Goodview Estates” subject to the following conditions: 1. A preliminary plat is approved to allow the creation of 58 single family lots and two outlots to be dedicated to the City, in accordance with the plans received by the City on April 8, 2022, April 15, 2022, May 4, 2022, May 13, 2022, June 8, 2022 and July 6, 2022, except as amended by this resolution. 2. Development is subject to the R-3 district standards. No variances are granted or implied. 3. The developer must comply with all conditions outlined in the City Engineer’s memos dated July 7, 2022, and all red-lined comments provided to the applicant. 4. The developer shall obtain all necessary local, state, and federal permits. 5. Access is prohibited on to Goodview Avenue from individual platted lots. 6. 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. 7. Each home shall provide a minimum of 2 parking spaces. 8. The grading plan shall be revised to move the grading away from adjacent properties to the north to reduce impact to existing trees on the north property line. The applicant shall continue to work with the City on the grading plan for the development. 9. A stormwater re-use system, as shown in the plans, shall be constructed with the development. The final plans shall be reviewed and approved by staff. The system will be installed by the applicant, and owned/operated/maintained by the homeowner’s association. A stormwater reuse agreement shall be reviewed and approved by staff and recoded at Washington County. Resolution 2022-_____ Page 2 10. The developer has indicated that an HOA will be established for the development to own/operate/maintain community areas and the water re-use system. The HOA documents shall be reviewed and approved by staff prior to the recording of the final plat. 11. Outlot Use and Ownership: a. Outlot A is proposed for stormwater management and wetlands. The outlot shall be deeded to the City at the time the plat is recorded. b. Outlot B is unbuildable and proposed for a wetland bank and will remain in ownership of the developer. Access to outlot B shall be determined at the time of the wetland bank application and approval. If the wetland bank is not approved, the outlot shall be deeded to the City. 12. Contribution/Escrow to upgrade Goodview Avenue to an urban section roadway and trail will be required with final plat and development agreement. 13. The placement, dimensions, and design of the retaining walls shall be review approved by staff. 14. 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 $197,200.00 in full to satisfy the required cash in lieu of parkland dedication requirement ($3,400/lot). 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 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. e. The developer shall enter into a stormwater reuse agreement with the City for the stormwater reuse system. f. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. Resolution 2022-_____ Page 3 ADOPTED by the City Council this 1st day of August, 2022 _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk C:\Users\rachel.juba\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\O7PY7DSU\LTR-r juba-Goodview Estates Pre Plat-PUD - 20200707.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 7, 2022 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Goodview Estates Preliminary Plat Review WSB Project No. 020259-000 Dear Ms. Juba: We have reviewed the Preliminary Plat submittal for the Goodview Estates development. We have reviewed the following information related to this application: • The Preliminary Plat Plans dated April 8, 2022 (received June 9th) by RFC Engineering, Inc. • Stormwater Report dated June 9, 2022 by RFC Engineering, Inc. Based on the review of the documents, we offer the following Engineering comments related to this application: General/Access 1. The subject property is located west of Goodview Avenue south of 135th Street. 2. Access will occur from Goodview Avenue and two existing stub streets located off of 135th Street in Birch Tree Ponds. 3. The applicant has provided ROW along Goodview Avenue and trail easement to accommodate a future trail along the west side of Goodview Avenue, consistent with the Comprehensive Plan. 4. The applicant will be responsible to place in escrow, money to cover future costs of trail and conversion of Goodview Avenue to an urban section, along the length of their property adjacent to Goodview Avenue. This will be documented in the development agreement. 5. Detailed redline comments have been provided on the plans and sent to the applicants engineer so they can be addressed in future submittals. Utility Plan 6. Watermain is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending from 135th Street. Watermain will be installed to the street limits but is not proposed to be extended further. 7. Sanitary sewer is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending south from 135th Street. Both current stubs are 10” pipe but will be reduced to 8’ throughout the development and are not proposed to be extended beyond the current development limits. Adjacent areas are served from different sewer service districts. Stormwater Management/Wetlands 8. The site is proposing water quality requirements primarily through water reuse for onsite irrigation. The remaining water quality required will be provided by the stormwater ponds Ms. Rachel Juba July 7, 2022 Page 2 C:\Users\rachel.juba\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\O7PY7DSU\ LTR-r juba-Goodview Estates Pre Plat-PUD - 20200707.docx onsite. Additional information on the irrigation design needs to be confirmed to determine the amount of water quality the water reuse can provide. The pond designs need to be updated to be in line with the City’s requirements. 9. The site is proposing to meet rate control with the onsite ponds. It is unclear if the site is meeting rate control requirements currently. The hydraulic and hydrologic models should be updated in line with City and RCWD requirements to confirm rate control is being met. 10. While there is not regulated FEMA floodplain on the site, there is RCWD regulated floodplain present. The RCWD regulated floodplain elevation for this area is 929.82. All fill below the regulated floodplain elevation will require compensatory storage. 11. Outlot B is proposed for a wetland bank and will remain in ownership of the developer. Access to outlot B shall be determined at the time of the wetland bank application and approval. If the wetland bank is not approved, the outlot shall be deeded to the City. 12. A notice of decision related to approval of wetland replacement plan is prepared and will be brought forward for council approval, pending preliminary plat approval. 13. Additional detailed redline drainage comments have been provided to the applicant and will need to be addressed prior to the approval of the preliminary plat plans and issuance of the stormwater permit. Thank you for the opportunity to provide comments on this project. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) S 1 2 3 4 5 67 8910111213 14 15 16 131211109 8 7 6 5 4 17 1 2 3 1 2 1 2 3 4 5 6 7 8 9 10 1234 5 6 7 81 2 4 56789 OUTLOT B OUTLOT A GOODVIEW ESTATES 1 2 3 4 5 67 8910111213 14 15 16 131211109 8 7 6 5 4 17 1 2 3 LFE = 936.3 GFE = 944.2 LFE = 935.9 GFE = 943.8 LFE = 935.0 GFE = 942.9 LFE = 934.5 GFE = 942.4 LFE = 934.2 GFE = 942.1 LFE = 934.2 GFE = 942.1 LFE = 933.7 GFE = 941.6 LFE = 933.7 GFE = 941.6 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 933.3 GFE = 941.2 LFE = 932.8 GFE = 940.7 LFE = 932.8 GFE = 940.7 LFE = 935.0 GFE = 942.9 LFE = 934.9 GFE = 942.8 LFE = 936.1 GFE = 944.0 OUTLOT B 1 2 3 4 5 67 8 1 2 1 2 89 OUTLOT A 1 2 1 2 3 4 5 6 7 8 9 10 1234 5 6 7 81 2 4 56789 . 1 2 3 4 5 67 8910111213 14 15 16 131211109 8 7 6 5 4 17 1 2 3 LFE = 936.3 GFE = 944.2 LFE = 935.9 GFE = 943.8 LFE = 935.0 GFE = 942.9 LFE = 934.5 GFE = 942.4 LFE = 934.2 GFE = 942.1 LFE = 934.2 GFE = 942.1 LFE = 933.7 GFE = 941.6 LFE = 933.7 GFE = 941.6 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 933.3 GFE = 941.2 LFE = 932.8 GFE = 940.7 LFE = 932.8 GFE = 940.7 LFE = 935.0 GFE = 942.9 LFE = 934.9 GFE = 942.8 LFE = 936.1 GFE = 944.0 4 5 1 2 1 2 3 4 5 1 2 4 56789 LFE = 933.3 GFE = 941.2 LFE = 932.8 GFE = 940.7 LFE = 932.8 GFE = 940.7 LFE = 934.90 GFE = 942.9 LFE =934.2 GFE = 942.1 LFE = 934.3 GFE = 942.2 LFE = 934.5 GFE = 942.4 LFE = 934.6 GFE = 942.5 LFE = 938.0 GFE = 945.9 LFE = 937.1 GFE = 945.0 LFE = 936.0 GFE = 943.9 LFE = 934.6 GFE = 942.6 LFE = 934.6 GFE = 942.5GFE = 942.3 LFE = 934.4 OUTLOT B OUTLOT A GFE = 942.3 LFE = 934.4 LFE = 934.4 1 2 3 4 5 6 7 8 9 10 1234 5 6 7 81 2 4 56789 LFE = 934.90 GFE = 942.9 LFE =934.2 GFE = 942.1 LFE = 934.3 GFE = 942.2 LFE = 934.5 GFE = 942.4 LFE = 934.6 GFE = 942.5 LFE = 934.9 GFE = 942.8 LFE = 935.4 GFE = 943.3 LFE = 935.7 GFE = 943.6 LFE = 936.0 GFE = 943.9 LFE = 936.8 GFE = 944.7 LFE = 937.0 GFE = 944.9 LFE = 936.0 GFE = 943.9 LFE = 935.7 GFE = 943.6 LFE = 935.3 GFE = 943.2 LFE = 935.9 GFE = 943.8 LFE = 936.4 GFE = 944.3 LFE = 938.5 GFE = 946.4 LFE = 937.5 GFE = 945.4 LFE = 938.0 GFE = 945.9 LFE = 937.1 GFE = 945.0 LFE = 936.0 GFE = 943.9 LFE = 934.6 GFE = 942.6 LFE = 934.6 GFE = 942.5GFE = 942.3 LFE = 934.4 GFE = 942.3 LFE = 934.4 LFE = 934.4 1 2 3 4 5 67 8910111213 14 15 16 131211109 8 7 6 5 4 17 1 2 3 1 2 1 2 3 4 5 6 7 8 9 10 1234 5 6 7 81 2 4 56789 OUTLOT B OUTLOT A 111213 14 15 16 6 5 4 17 1 2 3 LFE = 936.3 GFE = 944.2 LFE = 935.9 GFE = 943.8 LFE = 935.0 GFE = 942.9 LFE = 934.5 GFE = 942.4 LFE = 934.2 GFE = 942.1 LFE = 934.9 GFE = 942.8 LFE = 936.1 GFE = 944.0 x x x x 111213 14 15 16 131211109 8 7 6 5 4 IRIRIRIR IR IR IR IR IR IR IR IRIRIRIRIRIR IR LFE = 934.5 GFE = 942.4 LFE = 934.2 GFE = 942.1 LFE = 934.2 GFE = 942.1 LFE = 933.7 GFE = 941.6 LFE = 933.7 GFE = 941.6 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 935.0 GFE = 942.9 LFE = 934.9 GFE = 942.8 x x x x 1 2 3 4 5 67 891011 1312 IRIRIRIRIRIR IR IRIRIRIRIRIRIRLFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 933.3 GFE = 941.2 LFE = 932.8 GFE = 940.7 LFE = 932.8 GFE = 940.7 x x x x 4 5 6 1 IRIR LFE = 933.3 GFE = 941.2 LFE = 932.8 LFE = 932.8 OUTLOT A x x x x x x x x OUTLOT B x x x x 1 2 4 IRIR IR LFE = 938.0 GFE = 945.9 LFE = 937.1 GFE = 945.0 LFE = 936.0 x x x x 1 2 1 2 3 4 6789 LFE = 932.8 GFE = 940.7 LFE = 932.8 GFE = 940.7 LFE = 934.90 GFE = 942.9 LFE =934.2 GFE = 942.1 LFE = 934.3 GFE = 942.2 LFE = 934.5 GFE = 942.4 LFE = 934.6 GFE = 942.5 GFE = 942.6 LFE = 934.6 GFE = 942.5GFE = 942.3 LFE = 934.4 GFE = 942.3 LFE = 934.4 LFE = 934.4 x x x x 4 5 6 7 8 9 10 123456 LFE = 934.5 GFE = 942.4 LFE = 934.6 GFE = 942.5 LFE = 934.9 GFE = 942.8 LFE = 935.4 GFE = 943.3 LFE = 935.7 GFE = 943.6 LFE = 936.0 GFE = 943.9 LFE = 936.8 GFE = 944.7 LFE = 937.0 GFE = 944.9 LFE = 936.0 GFE = 943.9 LFE = 935.7 GFE = 943.6 LFE = 935.3 GFE = 943.2 GFE = 943.8 LFE = 936.0 GFE = 943.9 LFE = 934.6 GFE = 942.6 LFE = 934.6 GFE = 942.5 x x x x 34 5 6 7 81 2 4 6 LFE = 936.0 LFE = 935.9 GFE = 943.8 LFE = 936.4 GFE = 944.3 LFE = 938.5 GFE = 946.4 LFE = 937.5 GFE = 945.4 LFE = 938.0 GFE = 945.9 LFE = 937.1 GFE = 945.0 LFE = 936.0 GFE = 943.9 x x x x 8910111213 14 15 16 7 6 5 4 17 1 2 3 LFE = 936.3 GFE = 944.2 LFE = 935.9 GFE = 943.8 LFE = 935.0 GFE = 942.9 LFE = 934.5 GFE = 942.4 LFE = 934.2 GFE = 942.1 LFE = 934.2 GFE = 942.1 LFE = 933.7 GFE = 941.6 LFE = 932.8 GFE = 940.7 LFE = 935.0 GFE = 942.9 LFE = 934.9 GFE = 942.8 LFE = 936.1 GFE = 944.0 1 2 3 4 5 67 89101112 131211 LFE = 934.0 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 933.3 GFE = 941.2 LFE = 932.8 GFE = 940.7 LFE = 932.8 GFE = 940.7 1 2 1 2 3 4 5 6 7 4 5 56789 LFE = 932.8 GFE = 940.7 LFE = 932.8 GFE = 940.7 LFE = 934.90 GFE = 942.9 LFE =934.2 GFE = 942.1 LFE = 934.3 GFE = 942.2 LFE = 934.5 GFE = 942.4 LFE = 934.6 GFE = 942.5 LFE = 934.9 GFE = 942.8 LFE = 935.4 GFE = 943.3 GFE = 943.6 GFE = 943.6 LFE = 935.3 GFE = 943.2 GFE = 943.8 LFE = 936.0 GFE = 943.9 LFE = 934.6 GFE = 942.6 LFE = 934.6 GFE = 942.5GFE = 942.3 LFE = 934.4 GFE = 942.3 LFE = 934.4 LFE = 934.4 1234 5 6 7 81 2 4 5678 LFE = 937.0 GFE = 944.9 LFE = 936.0 GFE = 943.9 LFE = 935.7 GFE = 943.6 LFE = 935.3 GFE = 943.2 LFE = 935.9 GFE = 943.8 LFE = 936.4 GFE = 944.3 LFE = 938.5 GFE = 946.4 LFE = 937.5 GFE = 945.4 LFE = 938.0 GFE = 945.9 LFE = 937.1 GFE = 945.0 LFE = 936.0 GFE = 943.9 LFE = 934.6 GFE = 942.6 LFE = 934.6 GFE = 942.5GFE = 942.3GFE = 942.3 LFE = 934.4 LFE = 934.4 1 2 3 4 5 67 8910111213 14 15 16 131211109 8 7 6 5 4 17 1 2 3 IRIRIRIR IR IR IR IR IRIRIRIRIR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR I R IR IRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIR I R IRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIR IR IR LFE = 936.3 GFE = 944.2 LFE = 935.9 GFE = 943.8 LFE = 935.0 GFE = 942.9 LFE = 934.5 GFE = 942.4 LFE = 934.2 GFE = 942.1 LFE = 934.2 GFE = 942.1 LFE = 933.7 GFE = 941.6 LFE = 933.7 GFE = 941.6 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 934.0 GFE = 941.9 LFE = 933.3 GFE = 941.2 LFE = 932.8 GFE = 940.7 LFE = 932.8 GFE = 940.7 LFE = 935.0 GFE = 942.9 LFE = 934.9 GFE = 942.8 LFE = 936.1 GFE = 944.0 OUTLOT B 1 2 1 2 3 4 5 6 7 8 9 10 1234 5 6 7 81 2 4 567IRIRIR IR I R IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IRIRIR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IR IRIRIRIRIRIRIRIRIRIR IR IR IR IR IR IR IRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIR89 LFE = 932.8 GFE = 940.7 LFE = 932.8 GFE = 940.7 LFE = 934.90 GFE = 942.9 LFE =934.2 GFE = 942.1 LFE = 934.3 GFE = 942.2 LFE = 934.5 GFE = 942.4 LFE = 934.6 GFE = 942.5 LFE = 934.9 GFE = 942.8 LFE = 935.4 GFE = 943.3 LFE = 935.7 GFE = 943.6 LFE = 936.0 GFE = 943.9 LFE = 936.8 GFE = 944.7 LFE = 937.0 GFE = 944.9 LFE = 936.0 GFE = 943.9 LFE = 935.7 GFE = 943.6 LFE = 935.3 GFE = 943.2 LFE = 935.9 GFE = 943.8 LFE = 936.4 GFE = 944.3 LFE = 938.5 GFE = 946.4 LFE = 937.5 GFE = 945.4 LFE = 938.0 GFE = 945.9 LFE = 937.1 GFE = 945.0 LFE = 936.0 GFE = 943.9 LFE = 934.6 GFE = 942.6 LFE = 934.6 GFE = 942.5GFE = 942.3 LFE = 934.4 GFE = 942.3 LFE = 934.4 LFE = 934.4 PLOT DATE: 7/06/2022 12:03 PLOT DATE: 7/06/2022 12:03 PLOT DATE: 7/06/2022 12:03 PLOT DATE: 7/06/2022 12:03 PLOT DATE: 7/06/2022 12:03 PLOT DATE: 7/06/2022 12:03 PLOT DATE: 7/06/2022 12:03 START HU-STR-18 END HU-STR-18 PLOT DATE: 7/06/2022 12:03 PLOT DATE: 7/06/2022 12:03 1 2 3 4 5 67 8910111213 14 15 16 131211109 8 7 6 5 4 17 1 2 3 IRIRIRIRIR IR IRIRIRIRIRIRIRIR IR IR IR IR IR IR IRIRIRIRIRIRIR IR IR IR 1 2 1 2 3 4 5 6 7 8 9 10 1234 5 6 7 81 2 4 567 IRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIRIR IRIRIRIRIR IR IR IRIRIRIRIR IR IR89 PLOT DATE: 7/06/2022 12:04 12.00" STORM 12.00" STORM 12.00" STORM PLOT DATE: 7/06/2022 12:04 PLOT DATE: 7/06/2022 12:04 PLOT DATE: 7/06/2022 12:04 PLOT DATE: 7/06/2022 12:04 PLOT DATE: 7/06/2022 12:04 PLOT DATE: 7/06/2022 12:04 FREELAND AVE. N. GENEVA AVE. N.135TH STREET N.135TH STREET N.GOODVIEW AVE. N.FEMA FLOOD ZONE XFEMA FLOOD ZONE XFEMA FLOOD ZONE XFEMA FLOOD ZONE SHADED XFEMA FLOOD ZONE SHADED XFEMA FLOOD ZONE XFEMA FLOOD ZONE XFEMA FLOOD ZONE XFEMA FLOOD ZONE SHADED XCALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallLEGAL DESCRIPTION:SURVEY NOTES:TITLE NOTES:0NORTH100200AREA:TOTAL AREA AS SHOWN = 3,055,287 SQ.FT. / 70.14 ACRESINCLUDING 21,691 SQ.FT. OF POTENTIAL ROADWAYEASEMENT. (SEE R/W NOTE)PORTIONS OF THE PROERTY LIES WITHIN ZONE X AND OTHERPORTIONS OF THIS PROPERTY LIES WITHIN SHADED ZONE X,0.2% ANNUAL CHANCE FLOOD HAZARD, AREAS OF 1% ANNUALCHANCE FLOOD WITH AN AVERAGE DEPTH LESS THAN ONEFOOT OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILEAAS SHOWN ON FIRM RATE MAP 27163C0138E WITH ANEFFECTIVE DATE OF 2-3-2010.DENOTES FLOOD ZONE LINE PER DIGITAL DOWNLOAD FROM THEFEMA MAP SERVICE CENTER. NOT FIELD VERIFIED.FLOOD INFORMATION:PID#2903121410003CONTACT:INTEGRITY LAND DEVELOPMENT,LLCATTN: TODD GANZPHONE: 612-369-2747tdganz@gmail.comTG21010SURVTG010EXISTINGCONDITIONSCOUNTY/CITY:REVISIONS:PROJECT LOCATION:LAND SURVEYING, INC.CORNERSTONESuite #2001970 Northwestern Ave.Stillwater, MN 55082Phone 651.275.8969dan@cssurvey.netDATEREVISIONPROJECT NO.FILE NAME13452GOODVIEW AVE. N.CITY OF HUGOWASHINGTONCOUNTY11-1-21PRELIMINARY ISSUECERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________11-1-21GOODVIEWESTATES1. WETLAND FLAGS WERE LOCATED BYCORNERSTONE LAND SURVEYING, INC. ON10-31-21.2. WETLAND DELINEATION BY:Kelly BoprayBopray Environmental Services, LLCkjbopray@yahoo.com715-307-4577WETLAND NOTES:1.BEARINGS ARE BASED ON THE WASHINGTON COUNTYCOORDINATE SYSTEM NAD 1983.2.UNDERGROUND UTILITIES NOT SHOWN.3.SPOT ELEVATIONS IN AREAS OF FIELD TOPOGRAPHYDATED 12-22-21. OTHER AREAS SHOWN WITHOUTSPOT ELEVATIONS SHOWN PER LIDAR DATA OBTAINEDFROM THE DNR MNTOPO WEBSITE. NOT FIELD VERIFIED.RIGHT OF WAY NOTEFOR THE PURPOSE OF THIS SURVEY THE RIGHT OF WAYWIDTHS FOR GOODVIEW AVENUE NORTH HAVE BEENSHOWN TO BE 33 FEET FROM THE SECTION LINE. THEACTUAL WIDTH OF THE RIGHT OF WAY MAY DEPEND ONUSE. THE RIGHT OF WAY SHOWN IS FOR REFERENCEPURPOSES ONLY.LEGENDUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASFENCEBUILDING LINEBITUMINOUS SURFACECONCRETE SURFACEFOUND CAST IRON MONUMENTFOUND MONUMENT (AS NOTED)SET IRON PIPE MARKED WITH MN LICENSE NO. 25718CABLE TV PEDESTALELECTRIC METERELECTRIC TRANSFORMERGUY WIREPOWER POLEGAS METERTELEPHONE PEDESTALSANITARY CLEANOUTWATER WELLMAIL BOXTREESBENCHMARKSELEVATIONS BASED ON GPS DERIVED VALUES FOR (NAVD 88)12-23-21ADDED PARTIALTOPOGRAPHY4-12-22PRELIMINARY PLATThe following Legal Description is as shown on Legacy Title asagent for Stewart Ttile Guarantee Company Title CommitmentNo. MN27523, dated December 14th, 2021.The North 1/2 of the Southeast 1/4 of Section 29, Township31, Range 21, Washington County, Minnesota, except thatpart of the above described property as follows: Commencingat the southeast corner of the Northeast 1/4 of the SoutheastQuarter of Section 29, Township 31, Range 21; thence Northalong the East line of said Section a distance of 40 Rods;thence West a distance of 40 rods; thence South a distance of40 rods to the Southerly line of the Northeast Quarter of theSoutheast Quarter; thence East along said line a distance of 40rods to the point of beginning; subject to the rights of thepublic for road purposes; according to the Untied StatesGovernment Survey thereof.The following survey related items are as shown on LegacyTitle as agent for Stewart Ttile Guarantee Company TitleCommitment No. MN27523, dated December 14th, 2021.County Ditch, and any Easements therein, in favor of theCounty of Washington.Creek abuts the land 135TH STREET N.135TH STREET N.GOODVIEW AVE. N.FEMA FLOOD ZONE XFEMA FLOOD ZONE XFEMA FLOOD ZONE XFEMA FLOOD ZONE SHADED XFEMA FLOOD ZONE SHADED XFEMA FLOOD ZONE XFEMA FLOOD ZONE XFEMA FLOOD ZONE XFEMA FLOOD ZONE SHADED X12345678910111213141516131211109876541712312312123456789101234455678123456789OUTLOT B6134TH ST N.FREELANDAVE. N.134TH ST. N.STREET 1 GOODVIEW AVE. N. FREELAND CT. N.OUTLOT AOUTLOT BOUTLOT ASTREET2 PID#2903121410003CONTACT:INTEGRITY LAND DEVELOPMENT,LLCATTN: TODD GANZPHONE: 612-369-2747tdganz@gmail.comTG21010SURVTG010PRELIMINARYPLATCOUNTY/CITY:REVISIONS:PROJECT LOCATION:LAND SURVEYING, INC.CORNERSTONESuite #2001970 Northwestern Ave.Stillwater, MN 55082Phone 651.275.8969dan@cssurvey.netDATEREVISIONPROJECT NO.FILE NAME13452GOODVIEW AVE. N.CITY OF HUGOWASHINGTONCOUNTY11-1-21PRELIMINARY ISSUECERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________11-1-21GOODVIEWESTATES1. WETLAND FLAGS WERE LOCATED BYCORNERSTONE LAND SURVEYING, INC. ON10-31-21.2. WETLAND DELINEATION BY:Kelly BoprayBopray Environmental Services, LLCkjbopray@yahoo.com715-307-4577WETLAND NOTES:1.BEARINGS ARE BASED ON THE WASHINGTON COUNTYCOORDINATE SYSTEM NAD 1983.2.UNDERGROUND UTILITIES NOT SHOWN.3.SPOT ELEVATIONS IN AREAS OF FIELD TOPOGRAPHYDATED 12-22-21. OTHER AREAS SHOWN WITHOUTSPOT ELEVATIONS SHOWN PER LIDAR DATA OBTAINEDFROM THE DNR MNTOPO WEBSITE. NOT FIELD VERIFIED.RIGHT OF WAY NOTEFOR THE PURPOSE OF THIS SURVEY THE RIGHT OF WAYWIDTHS FOR GOODVIEW AVENUE NORTH HAVE BEENSHOWN TO BE 33 FEET FROM THE SECTION LINE. THEACTUAL WIDTH OF THE RIGHT OF WAY MAY DEPEND ONUSE. THE RIGHT OF WAY SHOWN IS FOR REFERENCEPURPOSES ONLY.LEGENDUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASFENCEBUILDING LINEBITUMINOUS SURFACECONCRETE SURFACEFOUND CAST IRON MONUMENTFOUND MONUMENT (AS NOTED)SET IRON PIPE MARKED WITH MN LICENSE NO. 25718CABLE TV PEDESTALELECTRIC METERELECTRIC TRANSFORMERGUY WIREPOWER POLEGAS METERTELEPHONE PEDESTALSANITARY CLEANOUTWATER WELLMAIL BOXTREESBENCHMARKSELEVATIONS BASED ON GPS DERIVED VALUES FOR (NAVD 88)CALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallLEGAL DESCRIPTION:SURVEY NOTES:The following Legal Description is as shown on Legacy Title asagent for Stewart Ttile Guarantee Company Title CommitmentNo. MN27523, dated December 14th, 2021.The North 1/2 of the Southeast 1/4 of Section 29, Township31, Range 21, Washington County, Minnesota, except thatpart of the above described property as follows: Commencingat the southeast corner of the Northeast 1/4 of the SoutheastQuarter of Section 29, Township 31, Range 21; thence Northalong the East line of said Section a distance of 40 Rods;thence West a distance of 40 rods; thence South a distance of40 rods to the Southerly line of the Northeast Quarter of theSoutheast Quarter; thence East along said line a distance of 40rods to the point of beginning; subject to the rights of thepublic for road purposes; according to the Untied StatesGovernment Survey thereof.TITLE NOTES:0NORTH100200The following survey related items are as shown on LegacyTitle as agent for Stewart Ttile Guarantee Company TitleCommitment No. MN27523, dated December 14th, 2021.County Ditch, and any Easements therein, in favor of theCounty of Washington.Creek abuts the landAREA:TOTAL AREA AS SHOWN = 3,055,287 SQ.FT. / 70.14 ACRESINCLUDING 21,691 SQ.FT. OF POTENTIAL ROADWAYEASEMENT. (SEE R/W NOTE)PORTIONS OF THE PROERTY LIES WITHIN ZONE X AND OTHERPORTIONS OF THIS PROPERTY LIES WITHIN SHADED ZONE X,0.2% ANNUAL CHANCE FLOOD HAZARD, AREAS OF 1% ANNUALCHANCE FLOOD WITH AN AVERAGE DEPTH LESS THAN ONEFOOT OR WITH DRAINAGE AREAS OF LESS THAN 1 SQUARE MILEAAS SHOWN ON FIRM RATE MAP 27163C0138E WITH ANEFFECTIVE DATE OF 2-3-2010.DENOTES FLOOD ZONE LINE PER DIGITAL DOWNLOAD FROM THEFEMA MAP SERVICE CENTER. NOT FIELD VERIFIED.FLOOD INFORMATION:12-23-21ADDED PARTIALTOPOGRAPHYPRELIMINARY PLAT4-12-22PRELIMINARY PLAT6-9-22PRELIMINARY PLAT6-27-22REVISED OUTLOTS7-6-22REVISED 12345678910111213141516131211109876541712312OUTLOT B134TH ST N.FREELANDAVE. N.FREELAND CT. N.OUTLOT ASTREET2 KNOW ALL PERSONS BY THESE PRESENTS: That Integrity Land Development,Inc., a Minnesota corporation, fee owner of the following describedproperty situated in the County of Washington, State of Minnesota, to wit:The North 1/2 of the Southeast 1/4 of Section 29, Township 31, Range21, except that part of the above described property as follows:Commencing at the southeast corner of the Northeast 1/4 of theSoutheast 1/4 of Section 29, Township 31, Range 21; thence Northalong the East line of said Section a distance of 40 Rods; thence West adistance of 40 rods; thence South a distance of 40 rods to the Southerlyline of the Northeast 1/4 of the Southeast 1/4; thence East along saidline a distance of 40 rods to the point of beginning; subject to the rightsof the public for road purposes; according to the Untied StatesGovernment Survey thereof.Has caused the same to be surveyed and platted as of GOODVIEW ESTATESand does hereby dedicate to the public for public use forever the publicways and the easements created by this plat for drainage and utilitypurposes only.In witness whereof said Integrity Land Development, Inc., a Minnesotacorporation, has caused these presents to be signed by its proper officerthis __________day of ______________________, 20__.Signed: Integrity Land Development, Inc., a Minnesota corporation_______________________, presidentTodd D. GanzSTATE OF _________________COUNTY OF________________The foregoing instrument was acknowledged before me this_________dayof________________, 20__, by Todd D. Ganz, president of Integrity LandDevelopment, Inc., a Minnesota corporation, on behalf of the corporation.________________________ ____________________________(signature) (print)Notary Public,__________________County, ______________My Commission Expires________________________________I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted ordirectly supervised the surveying and platting of the property described onthis plat as GOODVIEW ESTATES; that I am a duly Licensed Land Surveyor inthe State of Minnesota; that this plat is a correct representation of theboundary survey; that all mathematical data and labels are correctlydesignated on this plat; that all monuments depicted on the plat have beencorrectly set; that all water boundaries and wet lands as of this date, asdefined in Minnesota Statutes Section 505.01, Subd. 3, are shown andlabeled; and all public ways are shown and labeled on this plat.Dated this _________ day of ___________________, 202___.__________________________________________Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 25718STATE OF MINNESOTACOUNTY OF WASHINGTONThe foregoing Surveyor's Certificate was acknowledged before me on this_________ day of ___________________, 202___, by Daniel L. Thurmes,Licensed Land Surveyor.____________________________________________ (signature)____________________________________________ (print)Notary Public,Dakota County, MinnesotaMy Commission Expires January 31, 2025SCALE IN FEETNORTHSCALE: 1 INCH = 80 FEET0801601010ARE SHOWN AS THUS:DRAINAGE AND UTILITY EASEMENTS(NOT TO SCALE)55DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED UNLESS OTHERWISE INDICATED. DENOTES FOUND 1/2 INCH IRON PIPE MARKEDLAND SURVEYING, INC.CORNERSTONEGOODVIEW ESTATESSCALENOT TO WASHINGTON COUNTY, MNSEC. 29, TWP. 31, RNG. 21, NW1/4NE1 /4 SW1 /4 S E1 /4VICINITY MAPCITY COUNCIL OF THE CITY OF HUGOThis plat of GOODVIEW ESTATES was approved by the CityCouncil of the City of Hugo, Minnesota, this _________dayof__________________, 202___ and hereby certifies compliancewith all requirements as set forth in Minnesota Statutes, Section505.03, Subd. 2By _____________________________________, MayorBy____________________________________________, ClerkWASHINGTON COUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and inaccordance with Minnesota Statutes, Section 505.021, Subd. 11,this plat has been reviewed and approved this _______ day of______________, 202_____.By _______________________________________ Washington County SurveyorBy ________________________________________ WASHINGTON COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subd. 9,taxes payable for the year 202___, on the land hereinbeforedescribed, have been paid. Also pursuant to MinnesotaStatutes, Section 272.12, there are no delinquent taxes andtransfer entered, on this _________ day of ________________202_____.By ________________________________Washington CountyAuditor/TreasurerBy ________________________________________ DeputyWASHINGTON COUNTY RECORDERDocument Number ___________________I hereby certify that this instrument was recorded in the Officeof the County Recorder for record on this _______ day of__________________, 202___, at __________________ o'clock ____.M., and was duly recorded in Washington County Records.By________________________________________________Washington County RecorderBy ____________________________________________ DeputyDENOTES DIMENSION PER LEGAL DESCRIPTIONR.L.S. 25718. CORNER AS NOTED.DENOTES FOUND WASHINGTON COUNTY SECTIONTHE ORIENTATION OF THIS BEARING SYSTEM ISBASED UPON THE SOUTH LINE OF N1/2 OF THE SE1/4 OF SEC. 29, T31, R21, WHICH IS ASSUMED TOHAVE THE BEARING OF N89°59'27"W.SHEET 1 OF 2 SHEETSSITESHEET 1 SHEET 2 MATCH LINE (SEE SHEET 2 OF 2 SHEETS)BEING 10 FEET IN WIDTH AND ADJOININGREAR LOT LINES AND RIGHT OF WAY LINESAND BEING 5 FEET IN WIDTH AND ADJOININGLOT LINES UNLESS OTHERWISE SHOWN ONTHE PLAT.DENOTES EDGE OF WETLAND AS DELINEATED BYBOPRAY ENVIRONMENTAL SERVICES , LLC. ANDLOCATED BY CORNERSTONE LAND SURVEYING,INC. ON 11-1-21. 3121234567891012344556781234567896134TH ST. N.STREET 1 GOODVIEW AVE. N.OUTLOT BOUTLOT ASCALE IN FEETNORTHSCALE: 1 INCH = 80 FEET0801601010ARE SHOWN AS THUS:DRAINAGE AND UTILITY EASEMENTS(NOT TO SCALE)55BEING 10 FEET IN WIDTH AND ADJOININGREAR LOT LINES AND RIGHT OF WAY LINESAND BEING 5 FEET IN WIDTH AND ADJOININGLOT LINES UNLESS OTHERWISE SHOWN ONTHE PLAT.DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED UNLESS OTHERWISE INDICATED. DENOTES FOUND 1/2" IRON PIPE MARKEDLAND SURVEYING, INC.CORNERSTONEGOODVIEW ESTATESSCALENOT TO WASHINGTON COUNTY, MNSEC. 29, TWP. 31, RNG. 21, SITENW1/4NE1 /4 SW1 /4 S E1 /4VICINITY MAPDENOTES DIMENSION PER LEGAL DESCRIPTIONR.L.S. 25718. CORNER AS NOTED.DENOTES FOUND WASHINGTON COUNTY SECTIONTHE ORIENTATION OF THIS BEARING SYSTEM ISBASED UPON THE SOUTH LINE OF N1/2 OF THE SE1/4 OF SEC. 29, T31, R21, WHICH IS ASSUMED TOHAVE THE BEARING OF N89°59'27"W.SHEET 2 OF 2 SHEETSSHEET 1 SHEET 2 MATCH LINE(SEE SHEET1 OF 2 SHEETS)DENOTES EDGE OF WETLAND AS DELINEATED BYBOPRAY ENVIRONMENTAL SERVICES , LLC. ANDLOCATED BY CORNERSTONE LAND SURVEYING,INC. ON 11-1-21.DENOTES RESTRICTED ACCESS / NO ACCESS ALLOWED Agenda Number G.14 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Integrity Land Development, Inc. Final Plat and Development Agreement for Goodview Estates East. DATE: July 28, 2022, for the City Council Meeting of August 1, 2022 1.PROPOSED MOTION: Move to approve the resolution approving the final plat and development agreement for Goodview Estates East. 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 29 lots and 3 outlots on the parcel located west of Goodview Avenue and south of Egg Lake Road (CSAH 8) as phase one of the Goodview Estates development. The City Council reviewed the preliminary plat for Goodview Estates at its August 1, 2022, meeting. The lots meet the minimum lot standards and requirements outlined in the regulations the Single Family Detached Residential zoning district. The park dedication requirement will be met by fee for a total of $98,600 ($3,400 per unit). 4.RECOMMENDATION: Staff recommends approval the resolution approving the Final Plat and Development Agreement for Goodview Estates East, subject to review and approval by the City Attorney. ATTACHMENTS: a) Location Map b) Resolution Approving the Final Plat and Development Agreement c) Engineer’s Memo dated July 28, 2022 d)Draft Development Agreement e)Final Plat Goodview Avenue North130th Street North 13 5 t h S tr e e t No rt h Egg Lake Road North Fondant Trail North131st Street North 138th Street North 130th Lane North Freeland Court North Flint Circle NorthFlay Avenue NorthFletcher Lane North131st Al cove Nort hGoodview Estates - Preliminary Plat Application13452 Goodview Ave N Location MapHugo, MN Site Roads Hugo Border Parcel Boundary Document Path: S:\Mapping\GIS\Events\Golden Spike\Goodview Esates.mxdSite RESOLUTION 2022-___ APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR PRATT DEVLEOPMENT FOR “GOODVIEW ESTATES EAST” LOCATED WEST OF GOODVIEW AVENUE NORTH AND SOUTH OF EGG LAKE ROAD NORTH WHEREAS, Integrity Land Development, Inc., has requested approval of a final plat and development agreement to plat 29 lots and 3 outlots to be known as “Goodview Estates East” located west of Goodview Avenue North and south of Egg Lake Road North and is legally described as follows: See attached NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the final plat and development agreement for “Goodview Estates East” subject to the following conditions: 1. The final plat is approved to allow the construction of 29 single family homes and 3 outlots, in accordance the approved preliminary plat dated April 9, 2022, revised July 6, 2022, and the final plat plans received by the City and dated July 26, 2022, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat approval granted by the City Council on August 1, 2022, and as may be amended. (Resolution # _____________). 3. The developer shall obtain all necessary local, state, and federal permits. 4. Development is subject to the R-3 district standards and setbacks as followed. No variances are granted or implied. Minimum Front Yard Setback 30 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 30 feet 5. The development shall comply with the comments in the Engineer’s memo dated July 7, 2022, and July 28, 2022. 6. Access is prohibited on to Goodview Avenue from individual platted lots. 7. 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. 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 right of way line. Resolution 2022-____ Page 2 9. The grading plan shall be revised to move the grading away from adjacent properties to the north to reduce impact to existing trees on the north property line. The applicant shall continue to work with the City on the grading plan for the development. 10. A stormwater re-use system, as shown in the plans, shall be constructed with the development. The final plans shall be reviewed and approved by staff. The system will be installed by the applicant, and owned/operated/maintained by the homeowner’s association. A stormwater reuse agreement shall be reviewed and approved by staff and recoded at Washington County. 11. The developer has indicated that an HOA will be established for the development to own/operate/maintain community areas and the water re-use system. The HOA documents shall be reviewed and approved by staff prior to the recording of the final plat. 12. Outlot Use and Ownership: a. Outlot A is proposed for stormwater management and wetlands. The outlot shall be deeded to the City at the time the plat is recorded. b. Outlot B is unbuildable and proposed for a wetland bank and will remain in ownership of the developer. Access to outlot B shall be determined at the time of the wetland bank application and approval. If the wetland bank is not approved, the outlot shall be deeded to the City. c. Outlot C is proposed for future development of Goodview Estates. The following conditions shall be met prior to the Final Plat being recorded: 13. The developer shall pay an escrow to upgrade Goodview Avenue to an urban section roadway and trail will be required with final plat and development agreement. The total escrow amount it $136,365. 14. The developer shall pay a park dedication fee of $98,600. 15. 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. 16. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 17. The developer shall enter into a stormwater reuse agreement with the City for the stormwater reuse system. 18. The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. The following conditions shall be met prior to the issuance of building permits: Resolution 2022-____ Page 3 19. The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. 20. The applicant shall submit one full set of approved final plans to the City. 21. 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. 22. If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. The following conditions shall be met prior to the issuance of any certificate of occupancy: 23. The trail on outlot A shall be constructed per approved plans. ADOPTED by the City Council this 1st day of August, 2022. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk S:\Users\R_Juba\DEVELOPMENT PROJECTS\Goodview Estates\Goodview Esates East and West Final Plat\Engineers Memo Goodview Estates East and West 07.28.22.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 28, 2022 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Goodview Estates Goodview Estates East and Goodview Estates West Final Plat WSB Project No. 020259-000 Dear Ms. Juba: We have reviewed the Final Plat submittal for the Goodview Estates development. We have reviewed the following information related to this application: • The Preliminary Plat Plans dated April 8, 2022 (received June 9th) by RFC Engineering, Inc. • Stormwater Report dated June 9, 2022 by RFC Engineering, Inc. • Final Plats received July 28, 2022 for Goodview Estates East and Goodview Estates West We have not yet received the updated construction plans addressing our previous comments. Once received, staff will verify comments have been addressed and easement dimensions on the final plats are appropriate. Based on the review of the documents previously submitted, we offer the following Engineering comments related to this application: General/Access 1. The subject property is located west of Goodview Avenue south of 135th Street. 2. Access will occur from Goodview Avenue and two existing stub streets located off of 135th Street in Birch Tree Ponds. 3. The applicant has provided ROW along Goodview Avenue and trail easement to accommodate a future trail along the west side of Goodview Avenue, consistent with the Comprehensive Plan. 4. The applicant will be responsible to place in escrow, money to cover future costs of trail and conversion of one-half of Goodview Avenue to an urban section, along the length of their property adjacent to Goodview Avenue. This will be documented in the development agreement and totals $136,365. 5. Exhibit C of the Development tat outlines development fees will be completed for both Goodview Estates East and Goodview Estates West once we receive and review detailed bid results from the developer. 6. Detailed redline comments have been documented on the plans and previously sent to the applicants engineer so they can be addressed in future submittals. W e are currently waiting for the resubmittal of the plans addressing our comments. 7. Prior to the issuance of certificate of occupancy, the trails within the development must be constructed. Ms. Rachel Juba July28, 2022 Page 2 S:\Users\R_Juba\DEVELOPMENT PROJECTS\Goodview Estates\Goodview Esates East and West Final Plat\Engineers Memo Goodview Estates East and West 07.28.22.docx Utility Plan 8. Watermain is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending from 135th Street. Watermain will be installed to the street limits but is not proposed to be extended further. 9. Sanitary sewer is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending south from 135th Street. Both current stubs are 10” pipe but will be reduced to 8’ throughout the development and are not proposed to be extended beyond the current development limits. Adjacent areas are served from different sewer service districts. Stormwater Management/Wetlands 10. The site is proposing water quality requirements primarily through water reuse for onsite irrigation. The remaining water quality required will be provided by the stormwater ponds onsite. Additional information on the irrigation design needs to be confirmed to determine the amount of water quality the water reuse can provide. The pond designs need to be updated to be in line with the City’s requirements. 11. The site is proposing to meet rate control with the onsite ponds. It is unclear if the site is meeting rate control requirements currently. The hydraulic and hydrologic models should be updated in line with City and RCWD requirements to confirm rate control is being met. We are confident the site will meet necessary requirements, however we will need to receive supporting documentation prior to approval of plans and issuance of the stormwater permit. 12. While there is not regulated FEMA floodplain on the site, there is RCWD regulated floodplain present. The RCWD regulated floodplain elevation for this area is 929.82. All fill below the regulated floodplain elevation will require compensatory storage. 13. Outlot B is proposed for a wetland bank and will remain in ownership of the developer. Access to outlot B shall be determined at the time of the wetland bank application and approval. If the wetland bank is not approved, the outlot shall be deeded to the City. 14. A notice of decision related to approval of wetland replacement plan is prepared and will be brought forward for council approval, pending development approval. 15. Additional detailed redline drainage comments have been provided to the applicant and will need to be addressed prior to the approval of the preliminary plat plans and issuance of the stormwater permit. Thank you for the opportunity to provide comments on this project. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT GOODVIEW ESTATES EAST 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 Integrity Land Development, Inc., (hereinafter referred to as "Developer"). WITNESS: Goodview Estates East 2 WHEREAS, the City Council of the City has, by Resolution Number ________ on August 1, 2022, approved the preliminary plat for a major subdivision as proposed by the Developer to be known as "Goodview Estates" ; and, WHEREAS, the City Council of the City has, by Resolution Number _____________ on August 1, 2022, approved the final plat for a major subdivision as proposed by the Developer to be known as "Goodview Estates East" (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 70 acre parcel of land into 29 residential lots and 3 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 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 Goodview Estates East 3 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. Except for as allowed under section D. 1. (c) Model Homes, of this agreement, no building permit shall be issued until all sewer and water services are installed, inspected, and functioning and the first lift of bituminous is on the road. 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. 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 Goodview Estates East 4 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 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 Goodview Estates East 5 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 plans. (g) Televised report of the sanitary sewer with videotape. (h) Swing ties to any manhole or catch basin outside the roadway area. Goodview Estates East 6 (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. 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 Goodview Estates East 7 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. 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 Goodview Estates East 8 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 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 Goodview Estates East 9 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 compliance with the conditions of approval and findings adopted by the City Council in connection with the approval of the development. Goodview Estates East 10 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 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. j) 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. k) 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 Goodview Estates East 11 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. 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 Goodview Estates East 12 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 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 Goodview Estates East 13 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. Goodview Estates East 14 City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2021, 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 Goodview Estates East 15 Developer Integrity Land Development, Inc. By________________________________ ___________________ Its: ____________________ STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 2022, 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 Integrity Land Development, Inc., on behalf of said company. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Goodview Estates East 16 EXHIBIT A LIST OF DEVELOPMENT PLANS *To be updates when plans are approved by City and City Engineer* Sheet No. Plan Date Author 1-2 Final Plat Recorded at Washington County Conerstone 1 Title Sheet April 9, 2022, revised_____________ RFC Engineering, Inc. C2-C8 Details C9-C12 SWPPP C13-C17 Removal Plan C18-C20 Erosion Control Plan C21-C31 Grading and Drainage Plan C32-C39 Storm Details C40-C43 Utility Plans C44-C45 Irrigation Plans C46-C54 Plan and Profile C55-C57 Landscape Plan C58-C64 Cross Section S1 Existing Conditions S2 Preliminary Plat S3 Wetland Survey Wetland Replacement Plan NOD Goodview Estates East 17 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the construction of 29 single family homes and 3 outlots, in accordance the approved preliminary plat dated April 9, 2022, revised July 6, 2022, and the final plat plans received by the City and dated July 26, 2022, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat approval granted by the City Council on August 1, 2022, and as may be amended. (Resolution # _____________). 3. The developer shall obtain all necessary local, state, and federal permits. 4. Development is subject to the R-3 district standards and setbacks as followed. No variances are granted or implied. Minimum Front Yard Setback 30 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 30 feet 5. The development shall comply with the comments in the Engineer’s memo dated July 7, 2022, and July 28, 2022. 6. Access is prohibited on to Goodview Avenue from individual platted lots. 7. 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. 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 right of way line. 9. The grading plan shall be revised to move the grading away from adjacent properties to the north to reduce impact to existing trees on the north property line. The applicant shall continue to work with the City on the grading plan for the development. 10. A stormwater re-use system, as shown in the plans, shall be constructed with the development. The final plans shall be reviewed and approved by staff. The system will be installed by the applicant, and owned/operated/maintained by the homeowner’s association. A stormwater reuse agreement shall be reviewed and approved by staff and recoded at Washington County. Goodview Estates East 18 11. The developer has indicated that an HOA will be established for the development to own/operate/maintain community areas and the water re-use system. The HOA documents shall be reviewed and approved by staff prior to the recording of the final plat. 12. Outlot Use and Ownership: a. Outlot A is proposed for stormwater management and wetlands. The outlot shall be deeded to the City at the time the plat is recorded. b. Outlot B is unbuildable and proposed for a wetland bank and will remain in ownership of the developer. Access to outlot B shall be determined at the time of the wetland bank application and approval. If the wetland bank is not approved, the outlot shall be deeded to the City. c. Outlot C is proposed for future development of Goodview Estates. The following conditions shall be met prior to the Final Plat being recorded: 13. The developer shall pay an escrow to upgrade Goodview Avenue to an urban section roadway and trail will be required with final plat and development agreement. The total escrow amount it $136,365. 14. The developer shall pay a park dedication fee of $98,600. 15. 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. 16. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 17. The developer shall enter into a stormwater reuse agreement with the City for the stormwater reuse system. 18. The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. The following conditions shall be met prior to the issuance of building permits: 19. The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. 20. The applicant shall submit one full set of approved final plans to the City. Goodview Estates East 19 21. 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. 22. If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. The following conditions shall be met prior to the issuance of any certificate of occupancy: 23. The trail on outlot A shall be constructed per approved plans. Goodview Estates East 20 EXHIBIT C ESCROWS, FEES AND CHARGES *to be updated with cost estimates are provided to the City Engineer* 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 $_____________. 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 $_____________. 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 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 $_______________. This sum is calculated to be $0.07 per square foot for the ____________ square feet of net developable area within the Plat. 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 $___________ ($0.50 x ________= $__________). f) Pavement Maintenance Fee. The Developer shall post a one-time lump sum cash escrow with the City in the amount of $____________to cover the cost of the first pavement maintenance method of the streets in the Plat. This sum is calculated to be $4.00 per foot for the ___________ feet of streets within the Plat. g) Park Dedication. The Developer agrees to pay a park dedication fee Goodview Estates East 21 of $3,400 per lot for residential development payable before the final plat is signed by the City. Said fee shall be due for each of the 29 lots within the Plat. Total due is $98,600. h) Cul-de-sac Escrow. N/A i) Escrow for Street Signage. Developer shall deposit $_________ into an escrow account with the City. This amount represents an estimated cost of $500/sign for _______ signs 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 $47,328. This sum is calculated to be $1,632.00 per lot for the 29 residential lots within this phase. l) Water Trunk Fee. The Developer shall pay the City water trunk fee in the amount of $56,840. This sum is calculated to be $1,960 per lot. m) Watermain Oversizing Credit. N/A Goodview Estates East 22 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 ________________, 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 Goodview Estates East 23 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 Goodview Estates East 24 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: Goodview Estates East 25 $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] Goodview Estates East 26 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 Goodview Estates East 27 EXHIBIT F Legal Description KNOW ALL PERSONS BY THESE PRESENTS: That Integrity Land Development,Inc., a Minnesota corporation, fee owner of the following describedproperty situated in the County of Washington, State of Minnesota, to wit:The North 1/2 of the Southeast 1/4 of Section 29, Township 31, Range21, except that part of the above described property as follows:Commencing at the southeast corner of the Northeast 1/4 of theSoutheast 1/4 of Section 29, Township 31, Range 21; thence Northalong the East line of said Section a distance of 40 Rods; thence West adistance of 40 rods; thence South a distance of 40 rods to the Southerlyline of the Northeast 1/4 of the Southeast 1/4; thence East along saidline a distance of 40 rods to the point of beginning; subject to the rightsof the public for road purposes; according to the Untied StatesGovernment Survey thereof.Has caused the same to be surveyed and platted as of GOODVIEW ESTATESEAST and does hereby dedicate to the public for public use forever thepublic ways and the easements created by this plat for drainage and utilitypurposes only.In witness whereof said Integrity Land Development, Inc., a Minnesotacorporation, has caused these presents to be signed by its proper officerthis __________day of ______________________, 20__.Signed: Integrity Land Development, Inc., a Minnesota corporation_______________________, presidentTodd D. GanzSTATE OF _________________COUNTY OF________________The foregoing instrument was acknowledged before me this_________dayof________________, 20__, by Todd D. Ganz, president of Integrity LandDevelopment, Inc., a Minnesota corporation, on behalf of the corporation.________________________ ____________________________(signature) (print)Notary Public,__________________County, ______________My Commission Expires________________________________I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted ordirectly supervised the surveying and platting of the property described onthis plat as GOODVIEW ESTATES EAST; that I am a duly Licensed LandSurveyor in the State of Minnesota; that this plat is a correct representationof the boundary survey; that all mathematical data and labels are correctlydesignated on this plat; that all monuments depicted on the plat have beencorrectly set; that all water boundaries and wet lands as of this date, asdefined in Minnesota Statutes Section 505.01, Subd. 3, are shown andlabeled; and all public ways are shown and labeled on this plat.Dated this _________ day of ___________________, 202___.__________________________________________Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 25718STATE OF MINNESOTACOUNTY OF WASHINGTONThe foregoing Surveyor's Certificate was acknowledged before me on this_________ day of ___________________, 202___, by Daniel L. Thurmes,Licensed Land Surveyor.____________________________________________ (signature)____________________________________________ (print)Notary Public,Dakota County, MinnesotaMy Commission Expires January 31, 2025SCALE IN FEETNORTHSCALE: 1 INCH = 80 FEET0801601010ARE SHOWN AS THUS:DRAINAGE AND UTILITY EASEMENTS(NOT TO SCALE)55DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED DENOTES FOUND 1/2 INCH IRON PIPE MARKED AS NOTED.LAND SURVEYING, INC.CORNERSTONEGOODVIEW ESTATES EASTSCALENOT TO WASHINGTON COUNTY, MNSEC. 29, TWP. 31, RNG. 21, NW1/4NE1 /4 SW1 /4 S E1 /4VICINITY MAPCITY COUNCIL OF THE CITY OF HUGOThis plat of GOODVIEW ESTATES EAST was approved by the CityCouncil of the City of Hugo, Minnesota, this _________dayof__________________, 202___ and hereby certifies compliancewith all requirements as set forth in Minnesota Statutes, Section505.03, Subd. 2By _____________________________________, MayorBy____________________________________________, ClerkWASHINGTON COUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and inaccordance with Minnesota Statutes, Section 505.021, Subd. 11,this plat has been reviewed and approved this _______ day of______________, 202_____.By _______________________________________ Washington County SurveyorBy ________________________________________ WASHINGTON COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subd. 9,taxes payable for the year 202___, on the land hereinbeforedescribed, have been paid. Also pursuant to MinnesotaStatutes, Section 272.12, there are no delinquent taxes andtransfer entered, on this _________ day of ________________202_____.By ________________________________Washington CountyAuditor/TreasurerBy ________________________________________ DeputyWASHINGTON COUNTY RECORDERDocument Number ___________________I hereby certify that this instrument was recorded in the Officeof the County Recorder for record on this _______ day of__________________, 202___, at __________________ o'clock ____.M., and was duly recorded in Washington County Records.By________________________________________________Washington County RecorderBy ____________________________________________ DeputyDENOTES DIMENSION PER LEGAL DESCRIPTIONR.L.S. 25718. CORNER AS NOTED.DENOTES FOUND WASHINGTON COUNTY SECTIONTHE ORIENTATION OF THIS BEARING SYSTEM ISBASED UPON THE SOUTH LINE OF N1/2 OF THE SE1/4 OF SEC. 29, T31, R21, WHICH IS ASSUMED TOHAVE THE BEARING OF N89°59'27"W.SHEET 1 OF 2 SHEETSSITESHEET 1 SHEET 2 MATCH LINE (SEE SHEET 2 OF 2 SHEETS)BEING 10 FEET IN WIDTH AND ADJOININGREAR LOT LINES AND RIGHT OF WAY LINESAND BEING 5 FEET IN WIDTH AND ADJOININGLOT LINES UNLESS OTHERWISE SHOWN ONTHE PLAT.DENOTES EDGE OF WETLAND AS DELINEATED BYBOPRAY ENVIRONMENTAL SERVICES , LLC. ANDLOCATED BY CORNERSTONE LAND SURVEYING,INC. ON 11-1-21 AND 7-26-22.OUTLOT AOUTLOT BOUTLOT C 1121234567891012342356781234567894134TH ST. N.GLENBROOK AVE. N. GOODVIEW AVE. N.OUTLOT BOUTLOT ASCALE IN FEETNORTHSCALE: 1 INCH = 80 FEET0801601010ARE SHOWN AS THUS:DRAINAGE AND UTILITY EASEMENTS(NOT TO SCALE)55BEING 10 FEET IN WIDTH AND ADJOININGREAR LOT LINES AND RIGHT OF WAY LINESAND BEING 5 FEET IN WIDTH AND ADJOININGLOT LINES UNLESS OTHERWISE SHOWN ONTHE PLAT.DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED DENOTES FOUND 1/2 INCH IRON PIPE MARKED AS NOTED.LAND SURVEYING, INC.CORNERSTONEGOODVIEWDENOTES DIMENSION PER LEGAL DESCRIPTIONR.L.S. 25718. CORNER AS NOTED.DENOTES FOUND WASHINGTON COUNTY SECTIONTHE ORIENTATION OF THIS BEARING SYSTEM ISBASED UPON THE SOUTH LINE OF N1/2 OF THE SE1/4 OF SEC. 29, T31, R21, WHICH IS ASSUMED TOHAVE THE BEARING OF N89°59'27"W.SHEET 2 OF 2 SHEETSMATCH LINE(SEE SHEET1 OF 2 SHEETS)DENOTES EDGE OF WETLAND AS DELINEATED BYBOPRAY ENVIRONMENTAL SERVICES , LLC. ANDLOCATED BY CORNERSTONE LAND SURVEYING,DENOTES RESTRICTED ACCESS PER DOC. NO. _______________________SCALENOT TO WASHINGTON COUNTY, MNSEC. 29, TWP. 31, RNG. 21, NW1/4NE1 /4 SW1 /4 S E1 /4VICINITY MAPSITESHEET 1 SHEET 2 ESTATES EASTINC. ON 11-1-21 AND 7-26-22. Agenda Number G.15 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Integrity Land Development, Inc. Final Plat and Development Agreement for Goodview Estates West. DATE: July 28, 2022, for the City Council Meeting of August 1, 2022 1.PROPOSED MOTION: Move to approve the resolution approving the final plat and development agreement for Goodview Estates West. 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 30 lots on the parcel located west of Goodview Avenue and south of Egg Lake Road (CSAH 8) as phase two of the Goodview Estates development. The City Council reviewed the preliminary plat for Goodview Estates at its August 1, 2022, meeting. The lots meet the minimum lot standards and requirements outlined in the regulations the Single Family Detached Residential (R-3) zoning district. The park dedication requirement will be met by fee for a total of $102,000 ($3,400 per unit). 4.RECOMMENDATION: Staff recommends approval the resolution approving the Final Plat and Development Agreement for Goodview Estates West, subject to review and approval by the City Attorney. ATTACHMENTS: a) Location Map b) Resolution Approving the Final Plat and Development Agreement c) Engineer’s Memo dated _______________, 2022 d)Draft Development Agreement e)Final Plat Goodview Avenue North130th Street North 13 5 t h S tr e e t No rt h Egg Lake Road North Fondant Trail North131st Street North 138th Street North 130th Lane North Freeland Court North Flint Circle NorthFlay Avenue NorthFletcher Lane North131st Al cove Nort hGoodview Estates - Preliminary Plat Application13452 Goodview Ave N Location MapHugo, MN Site Roads Hugo Border Parcel Boundary Document Path: S:\Mapping\GIS\Events\Golden Spike\Goodview Esates.mxdSite RESOLUTION 2022-___ APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR PRATT DEVLEOPMENT FOR “GOODVIEW ESTATES WEST” LOCATED WEST OF GOODVIEW AVENUE NORTH AND SOUTH OF EGG LAKE ROAD NORTH WHEREAS, Integrity Land Development, Inc., has requested approval of a final plat and development agreement to plat 30 lots to be known as “Goodview Estates West” located west of Goodview Avenue North and south of Egg Lake Road North and is legally described as follows: See attached NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the final plat and development agreement for “Goodview Estates West” subject to the following conditions: 1. The final plat is approved to allow the construction of 30 single family homes, in accordance the approved preliminary plat dated April 9, 2022, revised July 6, 2022, and the final plat plans received by the City and dated July 26, 2022, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat approval granted by the City Council on August 1, 2022, and as may be amended. (Resolution # _____________). 3. The developer shall obtain all necessary local, state, and federal permits. 4. Development is subject to the R-3 district standards and setbacks as followed. No variances are granted or implied. Minimum Front Yard Setback 30 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 30 feet 5. The development shall comply with the comments in the Engineer’s memo dated July 7, 2022, and July 28, 2022. 6. 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. 7. 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. 8. The grading plan shall be revised to move the grading away from adjacent properties to the north to reduce impact to existing trees on the north property Resolution 2022-____ Page 2 line. The applicant shall continue to work with the City on the grading plan for the development. 9. A stormwater re-use system, as shown in the plans, shall be constructed with the development. The final plans shall be reviewed and approved by staff. The system will be installed by the applicant, and owned/operated/maintained by the homeowner’s association. A stormwater reuse agreement shall be reviewed and approved by staff and recoded at Washington County. 10. The developer has indicated that an HOA will be established for the development to own/operate/maintain community areas and the water re-use system. The HOA documents shall be reviewed and approved by staff prior to the recording of the final plat. The following conditions shall be met prior to the Final Plat being recorded: 11. The developer shall pay an escrow to upgrade Goodview Avenue to an urban section roadway and trail will be required with final plat and development agreement. The total escrow amount it $136,365. 12. The developer shall pay a park dedication fee of $102,000. 13. 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. 14. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 15. The developer shall enter into a stormwater reuse agreement with the City for the stormwater reuse system. 16. The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. The following conditions shall be met prior to the issuance of building permits: 17. The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. 18. The applicant shall submit one full set of approved final plans to the City. 19. 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. 20. If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. Resolution 2022-____ Page 3 ADOPTED by the City Council this 1st day of August, 2022. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk S:\Users\R_Juba\DEVELOPMENT PROJECTS\Goodview Estates\Goodview Esates East and West Final Plat\Engineers Memo Goodview Estates East and West 07.28.22.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 28, 2022 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Goodview Estates Goodview Estates East and Goodview Estates West Final Plat WSB Project No. 020259-000 Dear Ms. Juba: We have reviewed the Final Plat submittal for the Goodview Estates development. We have reviewed the following information related to this application: • The Preliminary Plat Plans dated April 8, 2022 (received June 9th) by RFC Engineering, Inc. • Stormwater Report dated June 9, 2022 by RFC Engineering, Inc. • Final Plats received July 28, 2022 for Goodview Estates East and Goodview Estates West We have not yet received the updated construction plans addressing our previous comments. Once received, staff will verify comments have been addressed and easement dimensions on the final plats are appropriate. Based on the review of the documents previously submitted, we offer the following Engineering comments related to this application: General/Access 1. The subject property is located west of Goodview Avenue south of 135th Street. 2. Access will occur from Goodview Avenue and two existing stub streets located off of 135th Street in Birch Tree Ponds. 3. The applicant has provided ROW along Goodview Avenue and trail easement to accommodate a future trail along the west side of Goodview Avenue, consistent with the Comprehensive Plan. 4. The applicant will be responsible to place in escrow, money to cover future costs of trail and conversion of one-half of Goodview Avenue to an urban section, along the length of their property adjacent to Goodview Avenue. This will be documented in the development agreement and totals $136,365. 5. Exhibit C of the Development tat outlines development fees will be completed for both Goodview Estates East and Goodview Estates West once we receive and review detailed bid results from the developer. 6. Detailed redline comments have been documented on the plans and previously sent to the applicants engineer so they can be addressed in future submittals. W e are currently waiting for the resubmittal of the plans addressing our comments. 7. Prior to the issuance of certificate of occupancy, the trails within the development must be constructed. Ms. Rachel Juba July28, 2022 Page 2 S:\Users\R_Juba\DEVELOPMENT PROJECTS\Goodview Estates\Goodview Esates East and West Final Plat\Engineers Memo Goodview Estates East and West 07.28.22.docx Utility Plan 8. Watermain is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending from 135th Street. Watermain will be installed to the street limits but is not proposed to be extended further. 9. Sanitary sewer is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending south from 135th Street. Both current stubs are 10” pipe but will be reduced to 8’ throughout the development and are not proposed to be extended beyond the current development limits. Adjacent areas are served from different sewer service districts. Stormwater Management/Wetlands 10. The site is proposing water quality requirements primarily through water reuse for onsite irrigation. The remaining water quality required will be provided by the stormwater ponds onsite. Additional information on the irrigation design needs to be confirmed to determine the amount of water quality the water reuse can provide. The pond designs need to be updated to be in line with the City’s requirements. 11. The site is proposing to meet rate control with the onsite ponds. It is unclear if the site is meeting rate control requirements currently. The hydraulic and hydrologic models should be updated in line with City and RCWD requirements to confirm rate control is being met. We are confident the site will meet necessary requirements, however we will need to receive supporting documentation prior to approval of plans and issuance of the stormwater permit. 12. While there is not regulated FEMA floodplain on the site, there is RCWD regulated floodplain present. The RCWD regulated floodplain elevation for this area is 929.82. All fill below the regulated floodplain elevation will require compensatory storage. 13. Outlot B is proposed for a wetland bank and will remain in ownership of the developer. Access to outlot B shall be determined at the time of the wetland bank application and approval. If the wetland bank is not approved, the outlot shall be deeded to the City. 14. A notice of decision related to approval of wetland replacement plan is prepared and will be brought forward for council approval, pending development approval. 15. Additional detailed redline drainage comments have been provided to the applicant and will need to be addressed prior to the approval of the preliminary plat plans and issuance of the stormwater permit. Thank you for the opportunity to provide comments on this project. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT GOODVIEW ESTATES WEST 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 Integrity Land Development, Inc., (hereinafter referred to as "Developer"). WITNESS: Goodview Estates West 2 WHEREAS, the City Council of the City has, by Resolution Number ________ on August 1, 2022, approved the preliminary plat for a major subdivision as proposed by the Developer to be known as "Goodview Estates" ; and, WHEREAS, the City Council of the City has, by Resolution Number _____________ on August 1, 2022, approved the final plat for a major subdivision as proposed by the Developer to be known as "Goodview Estates West" (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 70 acre parcel of land into 30 residential lots; and, WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the parties to this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: A. GENERAL ENGINEERING CONDITIONS; 1. Escrow for 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 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 Goodview Estates West 3 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. Except for as allowed under section D. 1. (c) Model Homes, of this agreement, no building permit shall be issued until all sewer and water services are installed, inspected, and functioning and the first lift of bituminous is on the road. 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. 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 Goodview Estates West 4 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 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 Goodview Estates West 5 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 plans. (g) Televised report of the sanitary sewer with videotape. (h) Swing ties to any manhole or catch basin outside the roadway area. Goodview Estates West 6 (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. 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 Goodview Estates West 7 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. 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 Goodview Estates West 8 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 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 Goodview Estates West 9 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 compliance with the conditions of approval and findings adopted by the City Council in connection with the approval of the development. Goodview Estates West 10 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 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. j) 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. k) 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 Goodview Estates West 11 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. 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 Goodview Estates West 12 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 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 Goodview Estates West 13 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. Goodview Estates West 14 City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2021, 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 Goodview Estates West 15 Developer Integrity Land Development, Inc. By________________________________ ___________________ Its: ____________________ STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 2022, 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 Integrity Land Development, Inc., on behalf of said company. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Goodview Estates West 16 EXHIBIT A LIST OF DEVELOPMENT PLANS *To be updates when plans are approved by City and City Engineer* Sheet No. Plan Date Author 1-2 Final Plat Recorded at Washington County Conerstone 1 Title Sheet April 9, 2022, revised_____________ RFC Engineering, Inc. C2-C8 Details C9-C12 SWPPP C13-C17 Removal Plan C18-C20 Erosion Control Plan C21-C31 Grading and Drainage Plan C32-C39 Storm Details C40-C43 Utility Plans C44-C45 Irrigation Plans C46-C54 Plan and Profile C55-C57 Landscape Plan C58-C64 Cross Section S1 Existing Conditions S2 Preliminary Plat S3 Wetland Survey Wetland Replacement Plan NOD Goodview Estates West 17 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the construction of 30 single family homes, in accordance the approved preliminary plat dated April 9, 2022, revised July 6, 2022, and the final plat plans received by the City and dated July 26, 2022, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat approval granted by the City Council on August 1, 2022, and as may be amended. (Resolution # _____________). 3. The developer shall obtain all necessary local, state, and federal permits. 4. Development is subject to the R-3 district standards and setbacks as followed. No variances are granted or implied. Minimum Front Yard Setback 30 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 30 feet 5. The development shall comply with the comments in the Engineer’s memo dated July 7, 2022, and July 28, 2022. 6. 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. 7. 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. 8. The grading plan shall be revised to move the grading away from adjacent properties to the north to reduce impact to existing trees on the north property line. The applicant shall continue to work with the City on the grading plan for the development. 9. A stormwater re-use system, as shown in the plans, shall be constructed with the development. The final plans shall be reviewed and approved by staff. The system will be installed by the applicant, and owned/operated/maintained by the homeowner’s association. A stormwater reuse agreement shall be reviewed and approved by staff and recoded at Washington County. Goodview Estates West 18 10. The developer has indicated that an HOA will be established for the development to own/operate/maintain community areas and the water re-use system. The HOA documents shall be reviewed and approved by staff prior to the recording of the final plat. The following conditions shall be met prior to the Final Plat being recorded: 11. The developer shall pay an escrow to upgrade Goodview Avenue to an urban section roadway and trail will be required with final plat and development agreement. The total escrow amount it $136,365. 12. The developer shall pay a park dedication fee of $102,000. 13. 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. 14. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 15. The developer shall enter into a stormwater reuse agreement with the City for the stormwater reuse system. 16. The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. The following conditions shall be met prior to the issuance of building permits: 17. The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. 18. The applicant shall submit one full set of approved final plans to the City. 19. 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. 20. If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. Goodview Estates West 19 EXHIBIT C ESCROWS, FEES AND CHARGES *to be updated with cost estimates are provided to the City Engineer* 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 $_____________. 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 $_____________. 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 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 $_______________. This sum is calculated to be $0.07 per square foot for the ____________ square feet of net developable area within the Plat. 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 $___________ ($0.50 x ________= $__________). f) Pavement Maintenance Fee. The Developer shall post a one-time lump sum cash escrow with the City in the amount of $____________to cover the cost of the first pavement maintenance method of the streets in the Plat. This sum is calculated to be $4.00 per foot for the ___________ feet of streets within the Plat. g) Park Dedication. The Developer agrees to pay a park dedication fee Goodview Estates West 20 of $3,400 per lot for residential development payable before the final plat is signed by the City. Said fee shall be due for each of the 30 lots within the Plat. Total due is $102,000. h) Cul-de-sac Escrow. N/A i) Escrow for Street Signage. Developer shall deposit $_________ into an escrow account with the City. This amount represents an estimated cost of $500/sign for _______ signs 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 $48,960. This sum is calculated to be $1,632.00 per lot for the 30 residential lots within this phase. l) Water Trunk Fee. The Developer shall pay the City water trunk fee in the amount of $58,800. This sum is calculated to be $1,960 per lot the 30 residential lots within this phase. m) Watermain Oversizing Credit. N/A Goodview Estates West 21 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 ________________, 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 Goodview Estates West 22 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 Goodview Estates West 23 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: Goodview Estates West 24 $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] Goodview Estates West 25 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 Goodview Estates West 26 EXHIBIT F Legal Description 12345678910111213141516131211109876541712312134TH ST N.FREELAND AVE. N. FOXHILL COURT N.Δ134TH ST. CT. N.KNOW ALL PERSONS BY THESE PRESENTS: That Integrity LandDevelopment, Inc., a Minnesota corporation, fee owner of thefollowing described property situated in the County ofWashington, State of Minnesota, to wit:Outlot C, GOODVIEW ESTATES EAST, accoding to the recordedplat thereof, Washington County, Minnesota.Has caused the same to be surveyed and platted as GOODVIEWESTATES WEST and does hereby dedicate to the public for publicuse forever the public ways and the easements created by thisplat for drainage and utility purposes only.In witness whereof said Integrity Land Development, Inc., aMinnesota corporation, has caused these presents to be signedby its proper officer this __________day of______________________, 20__.Signed: Integrity Land Development, Inc., a Minnesotacorporation_______________________, presidentTodd D. GanzSTATE OF _________________COUNTY OF________________The foregoing instrument was acknowledged before methis_________day of________________, 20__, by Todd D. Ganz,president of Integrity Land Development, Inc., a Minnesotacorporation, on behalf of the corporation.________________________ ____________________________(signature) (print)Notary Public,__________________County, ______________My Commission Expires________________________________I, Daniel L. Thurmes, do hereby certify that I have surveyed andplatted or directly supervised the surveying and platting of theproperty described on this plat as GOODVIEW ESTATES WEST;that I am a duly Licensed Land Surveyor in the State ofMinnesota; that this plat is a correct representation of theboundary survey; that all mathematical data and labels arecorrectly designated on this plat; that all monuments depictedon the plat have been correctly set; that all water boundaries andwet lands as of this date, as defined in Minnesota StatutesSection 505.01, Subd. 3, are shown and labeled; and all publicways are shown and labeled on this plat.Dated this _________ day of ___________________, 202___.__________________________________________Daniel L. Thurmes, Licensed Land Surveyor, Minnesota LicenseNo. 25718STATE OF MINNESOTACOUNTY OF WASHINGTONThe foregoing Surveyor's Certificate was acknowledged beforeme on this _________ day of ___________________, 202___, byDaniel L. Thurmes, Licensed Land Surveyor.____________________________________________ (signature)____________________________________________ (print)Notary Public,Dakota County, MinnesotaMy Commission Expires January 31, 2025SCALE IN FEETNORTHSCALE: 1 INCH = 80 FEET0801601010ARE SHOWN AS THUS:DRAINAGE AND UTILITY EASEMENTS(NOT TO SCALE)55DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED UNLESS OTHERWISE INDICATED. DENOTES FOUND 1/2 INCH IRON PIPE MARKED RLS 25718LAND SURVEYING, INC.CORNERSTONEGOODVIEW ESTATES WESTSCALENOT TO WASHINGTON COUNTY, MNSEC. 29, TWP. 31, RNG. 21, NW1/4NE1 /4 SW1 /4 S E1 /4VICINITY MAPCITY COUNCIL OF THE CITY OF HUGOThis plat of GOODVIEW ESTATES WEST was approved bythe City Council of the City of Hugo, Minnesota, this_________day of__________________, 202___ and herebycertifies compliance with all requirements as set forth inMinnesota Statutes, Section 505.03, Subd. 2By _____________________________________, MayorBy____________________________________________, ClerkWASHINGTON COUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, andin accordance with Minnesota Statutes, Section 505.021,Subd. 11, this plat has been reviewed and approved this_______ day of ______________, 202_____.By _______________________________________ Washington County SurveyorBy ________________________________________ WASHINGTON COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subd.9, taxes payable for the year 202___, on the landhereinbefore described, have been paid. Also pursuant toMinnesota Statutes, Section 272.12, there are nodelinquent taxes and transfer entered, on this _________day of ________________ 202_____.By ________________________________Washington CountyAuditor/TreasurerBy ________________________________________ DeputyWASHINGTON COUNTY RECORDERDocument Number ___________________I hereby certify that this instrument was recorded in theOffice of the County Recorder for record on this _______day of __________________, 202___, at __________________o'clock ____. M., and was duly recorded in WashingtonCounty Records.By________________________________________________Washington County RecorderBy ____________________________________________ DeputyR.L.S. 25718. CORNER AS NOTED.DENOTES FOUND WASHINGTON COUNTY SECTIONSITEBEING 10 FEET IN WIDTH AND ADJOININGREAR LOT LINES AND RIGHT OF WAY LINESAND BEING 5 FEET IN WIDTH AND ADJOININGLOT LINES UNLESS OTHERWISE SHOWN ONTHE PLAT.DENOTES EDGE OF WETLAND AS DELINEATED BYBOPRAY ENVIRONMENTAL SERVICES , LLC. ANDLOCATED BY CORNERSTONE LAND SURVEYING,INC. ON 11-1-21.THE ORIENTATION OF THIS BEARING SYSTEM ISBASED UPON THE NORTH LINE OF OUTLOT C,GOODVIEW ESTATES EAST, WHICH IS ASSUMED TO HAVETHE BEARING OF N89°54'28"W. K:\019629-000\Admin\Permits\21.26 Integrity Development_13452 Goodview Ave\Replacement\MEMO_HugoCityCouncil_GoodviewEstatesWetlandReplacement_072522.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum To: Tom Weidt, City of Hugo Mayor Becky Petryk, City of Hugo Council Member Phil Klein, City of Hugo Council Member David Strub, City of Hugo Council Member Mike Miron, City of Hugo Council Member CC: Rachel Juba, Community Development Director From: Tony Havranek, WSB Date: July 25, 2022 Re: City Project No. 21.26 Goodview Estates Wetland Replacement WSB Project No. 019629-00 I have drafted this memo regarding a MN Joint Application Form for Activities Affecting Water Resources in Minnesota to impact and replace wetlands as part of the Goodview Estates Residential Development Project. Todd Ganz (Integrity Development) submitted an application requesting approval for wetland impact sequencing and replacement. The application was considered complete on April 1, 2022, and a subsequent notice of application was issued on April 5, 2022. The comment period for the application expired on April 27, 2022; no comments were received. The purpose of the project is to develop two (2) parcels (PID#2903121410003 and PID#2903121420001) totaling ~70 acres to 59 residential lots parcel #1003121120001 (see map). The parcels are currently undeveloped and consist of drainageways fallow field, oak savannah, and wetlands. A wetland boundary and type application was approved on January 17, 2022 and was issued on January 17, 2022, which identified six (6) wetland basins within the project area. The wetland communities include fresh, wet meadows, shallow marsh, and excavated pond. Wetlands B, C, and F are proposed to be impacted. Wetlands B and C are small (combined 0.4286 acres) isolated wet meadows and wetland F is a narrow drainage feature that is a wet meadow a nd shallow marsh and is 0.48 acres in size. Wetland functions provided by these wetlands include: •Surface water detention •Nutrient Transformation •Carbon Sequestration •Other Wildlife Habitat Four (4) alternatives were considered for this project as part of the wetland conservation act (WCA) sequencing requirement. The first was the no-build alternative. This was rejected as it would not accomplish the purpose of addressing the deficit of residential housing in the region. The second and third alternatives included shifting the alignment of 134th St, but both options resulted in significantly more permanent wetland impact. G.16 Hugo City Council July 25, 2022 Page 2 K:\019629-000\Admin\Permits\21.26 Integrity Development_13452 Goodview Ave\Replacement\MEMO_HugoCityCouncil_GoodviewEstatesWetlandReplacement_072522.doc x The fourth and preferred alternative, is to eliminate the alignment of 134th St., and utilize cul de sacs and existing stubbed roadways from the north to provide access to the development and individual lots. The total amount of impact to wetland B is 0.38 acres, wetland C 0.05 acres, and F 0.11 acres using the preferred alternative is 0.53 acres total (rounding discrepancy if you add the above totals). This amount of impact must be replaced and is proposed to be replaced using wetland bank credits. The required wetland replacement ratio is 2.5:1; however, the proposed wetland bank is within the same bank service area (BSA) 7, which allows a reduction of 0.5:1; resulting in a required replacement ration of 2:1. The proposed wetland bank is bank #1722 which is located within the same BSA and major watershed (Mississippi River-Metro). A total of 0.1.06 acres of wetland credit are proposed to be withdrawn from this bank to meet the required 2:1 replacement ration. It is important to note, that while the proposed wetland replacement meets rule requirements, wetland functions identified for wetland 1 will be permanently lost within the City of Hugo. Special considerations required to be considered as part of the application process have been addressed. The only issue is the presence of Blandings Turtle a state listed threatened species. A condition of the approval should include mitigation measures recommended by MN DNR to avoid turtle mortality. Based on the application materials submitted by the applicant and subsequent review of those materials against MN Rule 8420, the Wetland Conservation Act (WCA), the applicant has met all of the rule requirements for wetland impact sequencing and replacement. I recommend approval of this application for wetland impacts sequencing and replacement. Application materials and site plans are attached to this memo. Attachments: Project Location Map Construction Plans/Survey Maps Approved Wetland Boundary Map Figure 1. Location Map 13452 Goodview Ave. N. Hugo, Minnesota Project No. 2021-042 N Not to Scale Approximate Site Location Figure 3. Aerial Photo with Approximate Wetland Locations 13452 Goodview Ave. N. Hugo, Minnesota Project No. 2021-042 Approximate Site Boundaries Not to Scale Wetland D Wetland C Wetland B Wetland A SA-U Not included in delineation SA-W SB-U SP-1 SD-U SD-W SE-W SE-U SF-W2 SF-W SF-U SF-U2 upland F2 F1 Wetland E Wetland F Wetland C Wetland A SD-U Wetland D 123456789101112131415161312111098765417123121234567891012345678123456789 123452345678910111213121110987654131231212345678910123456781234567891311 1234234567891011121312111098765413123112345678910123456781234567891211 BWSR NOD Form – November 12, 2019 1 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit: City of Hugo County: Washington Applicant Name: Todd Ganz, Integrity Land Development Applicant Representative: Kelly Bopray, Bopray Environmental Services, LLC. Project Name: Goodview Estates LGU Project No. (if any): 21.26 Date Complete Application Received by LGU: April 1, 2022 Date of LGU Decision: XXXXX Date this Notice was Sent: XXXXX WCA Decision Type - check all that apply ☐ Wetland Boundary/Type ☒ Sequencing ☒ Replacement Plan ☐ Bank Plan (not credit purchase) ☐ No-Loss (8420.0415) ☐ Exemption (8420.0420) Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9 Replacement Plan Impacts (replacement plan decisions only) Total WCA Wetland Impact Area: 0.53 acres Wetland Replacement Type: ☐ Project Specific Credits: ☒ Bank Credits: Bank Account Number(s): 1722 Technical Evaluation Panel Findings and Recommendations (attach if any) ☐ Approve ☐ Approve w/Conditions ☐ Deny ☒ No TEP Recommendation LGU Decision ☒ Approved with Conditions (specify below)1 ☐ Approved1 ☐ Denied List Conditions: 1.) The applicant does not impact the wetlands until the bank credit withdrawal is complete as indicated by BWSR. 2.) The applicant submits a restoration plan for the 33-acre wetland area to the south. 3.) The applicant follows recommendations to protect Blandings Turtles that may occur on site detailed in the NHIS letter from Critical Connections Ecological Services dated April 20, 2022. Decision-Maker for this Application: ☐ Staff ☒ Governing Board/Council ☐ Other: Decision is valid for: ☒ 5 years (default) ☐ Other (specify): 1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project- specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1. ☒ Attachment(s) (specify): Replacement Plan Application dated March 12, 2022, supplemental memo dated April 5, 2021, NHIS Review Letter dated April 20, 2022 ☐ Summary: Click here to enter text. Kelly Bopray (Bopray Environmental) submitted a wetland replacement plan application on behalf of Todd Ganz (Integrity Land Development) on March 12, 2022, requesting approval for wetland impacts to be replaced with bank credits and approval of wetland impact sequencing/sequencing flexibility. The proposed BWSR NOD Form – November 12, 2019 2 project involves the creation of 59 residential sites. The application was considered complete on April 1, 2022, and a subsequent notice of application was issued on April 5, 2022. Wetland boundaries and types were approved for this 70-acre parcel on January 17, 2022. Six (6) wetland basins were identified as part of the approved wetland delineation. Many of these wetlands are type 2, with some type 1, 3, and 4 existing on the property. Wetlands are found across the property and the property has experienced ground disturbance and changes to wetland hydrology and drainage over many years. The proposed wetland impacts facilitate the development of 59 residential lots with streets and infrastructure which is mainly confined to the northern half of the property; leaving the large wetland complex in the southern portion of the parcel undisturbed. The purpose of the project is to provide residential housing in an area with a housing deficit. The total amount of proposed impact based on the preferred alternative is 0.5323 acres across four (4) individual wetlands. Wetlands B and C, within the western portion of the project will be impacted in their entirety via mass grading of the site (0.4286 acres combined). Additional impacts will occur to wetlands F1 and F (0.1 acres combined). Sequencing/Sequencing Flexibility Four (4) alternatives were considered as part of the sequencing requirement under MN Rule 8420.0520. The first was the no-build alternative. This alternative was rejected as not developing the site would not meet the project purpose, the upland area of the site is zoned for residential development and development would aid in meeting the residential housing deficit within the region, denial of the use of the 33.57 acres of upland with 0.53 acres of impact to degraded wetlands does preserve any significant wetland functions, and the development project will facilitate the restoration of the 33 acres of wetlands to the south. Alternative 1 was developed with input from the City of Hugo and included the extension of 134th Street across the parcel and increased the number of lots to 62. This alternative resulted in 1.24 acres of wetland impact and was rejected. Alternative 2 was developed with input from the TEP and involved rerouting 134th Street to the north and included 60 lots. Wetland impacts for this alternative were 0.98 acres. This alternative was also rejected. The selected alternative eliminated the alignment of 134th Street and utilized cul de sacs and existing road stubs to provide access to the site and individual lots. This resulted in a 60% reduction in wetland impacts from the first alternative described. The applicant also requested sequencing flexibility for all impacted wetlands (B,C, F, and F1). To support this, the applicant has submitted a MnRAM analysis. Wetlands B and C ranked low to moderate for most all of the functions with the exception of downstream water quality maintenance, which was high due to their isolated nature. Wetland F and F1 ranked consistently low to moderate for all functions (4 low rankings and 5 moderate). Observations made during the TEP field review confirms the degraded nature of these wetland basins. Replacement The proposed alternative will result in 0.53 acres of permanent wetland impact in the form of wetland fill. The required replacement ratio is reduced from 2.5:1 to 2:1 as the applicant will be required to replace within the same Major watershed (MS-Metro-#20) and same BSA, which is BSA #7. To meet this requirement, the BWSR NOD Form – November 12, 2019 3 applicant is proposing to replace these impacts through the purchase of 1.06 acres of wetland credit from Bank #1722. Wetland Bank #1722 is located in the same major watershed and BSA. No wetland credits are available in the same minor watershed as the impacted wetland. Special Considerations The applicant has addressed and submitted information on each of the special considerations identified in MN Rule 8420.0515. These include: • Endangered and threatened species • Rare natural communities • Special fish and wildlife resources • Archeological, historic, and cultural resources • Groundwater sensitivity • Sensitive surface waters • Education or research use • Waste disposal sites • Consistency with other plans The applicant has submitted documentation from a NHIS desktop assessment using data from January 2021. The review resulted four (4) element occurrences (EOs) within or overlapping a one-mile buffer of the project site. Three (3) of the four (4) Eos were for Blandings Turtle (state threatened) and one (1) for Trumpeter Swan (State Special Concern). Suitable habitat for Blandings Turtle does occur within and adjacent to the Goodview Estates project area. Three (3) native plant communities (NPCs) occur within the project site, but none of the three (3) meet the statutory threshold of imperiled or critically imperiled, and as such do not require additional protections based in the NPC ranking values. The supplemental memo from Bopray Enviornmental, dated April 5, 2022, indicates that the applicant is not aware of any additional issues related to the special considerations listed above. Based on the application submitted along with supporting materials, the application for sequencing and wetland replacement is approved with conditions. Sequencing flexibility is also approved as the replacement wetland credits would result in a gain in function and public value and avoidance of wetlands B and C would result in severe degradation of the wetlands ability to function due to surrounding land uses. 1 Findings must consider any TEP recommendations. Attached Project Documents ☒ Site Location Map ☒ Project Plan(s)/Descriptions/Reports (specify): See above Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: BWSR NOD Form – November 12, 2019 4 Appeals & Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us Does the LGU have a local appeal process applicable to this decision? ☐ Yes1 ☒ No 1If yes, all appeals must first be considered via the local appeals process. Local Appeals Submittal Requirements (LGU must describe how to appeal, submittal requirements, fees, etc. as applicable) Notice Distribution (include name) Required on all notices: ☐ SWCD TEP Member: Jay Riggs, Washington Conservation District, 455 Hayward Avenue North, Oakdale, MN 55128, jriggs@mnwcd.org ☒ BWSR TEP Member: Ben Meyer, Mn Board of Water and Soil Resources, 520 LaFayette Road N., St. Paul, MN 55155, ben.meyer@state.mn.us ☒ LGU TEP Member (if different than LGU contact): Rachel Juba, City of Hugo, 14669 Fitzgerald Ave. N., Hugo, MN 55038, rjuba@ci.hugo.mn.us Liz Finnegan, City of Hugo, 6900 137th St. N., Hugo, MN 55038 lfinnegan@ci.hugo.mn.us ☒ DNR Representative: Kelly Pharis, Minnesota Department of Natural Resources, 1200 Warner Rd., St. Paul, MN 55155, kelly.pharis@state.mn.us Dan Scollan, Minnesota Department of Natural Resources, 1200 Warner Rd., St. Paul, MN 55155, Daniel.scollan@state.mn.us ☒ Watershed District or Watershed Mgmt. Org.: Patrick Hughes, Rice Creek Watershed District, 4325 Pheasant Ridge Drive, Suite 611, Blaine, MN 55449-4539, phughes@ricecreek.org ☒ Applicant: Todd Ganz, Integrity Development, 13635 Johnson St. NE., Ham Lake, MN 55304, tdganz@gmail.com ☒ Agent/Consultant: Kelly Bopray, Bopray Environmental Services, LLC., N7831 920th St., River Falls, WI 54022, kjbopray@yahoo.com Optional or As Applicable: ☒ Corps of Engineers: Daryl Wierzbinski, United Sates Army Corps of Engineers, Duluth Office, 600 South Lake Avenue, Suite 211, Duluth, MN 55802, daryl.w.wierzbinski@usace.army.mil ☐ BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ☐ Members of the Public (notice only): ☐ Other: Signature: Date: This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3. Memorandum To: Bryan Bear, City Administrator From: Rachel Juba, Community Development Director Date: July 28, 2022, for the City Council Meeting of August 1, 202 Re: Public Hearing – Revisions to the Shoreland Overlay District Setbacks 1.PLANNING COMMISSION UPDATE: The Planning Commission will hold a public hearing on the revisions at its July 28, 2022, meeting. Staff will provide an update to the City Council prior to the Council meeting on August 1, 2022. 2.BACKGROUND: The Shoreland District is an overlay district in the City of Hugo. Overlay districts are areas within the City that have special regulations applied to them because of their unique characteristics. Overlay districts are superimposed over the underlying zoning districts and the regulations for each apply to the subject property. The Shoreland District of the City is land that is within 1,000 feet of the ordinary high water (OHW) level of the lakes, ponds, and flowages, and within 300 feet of the OHW level of the rivers and streams listed in the shoreland classification table in the ordinance. All of the land lying within the Shoreland District are subject to the regulations in the shoreland ordinance. 3.OVERVIEW OF SETBACK REVISIONS: Staff will be completing a larger zoning code revision to the shoreland ordinance, but wanted to start with the revisions to the structure setbacks. The larger zoning code revision will take a longer time to complete. The structure setbacks in the shoreland ordinance are more restrictive than the State Statutes regarding shoreland setbacks that the DNR uses. The setbacks are from the OHW of lakes, ponds, flowages, rivers, and streams. The setbacks vary depending on the classification of the waterbody. To have the setbacks align and match with the State Statutes, staff recommends the following revisions: G .17 2 Dimensional Requirements for Riparian Shoreland Development Classification Existing Setbacks Proposed Setbacks Natural Environment - sewered lot 150 Feet 150 Feet Natural Environment - unsewered lot 200 Feet 150 Feet Recreational – sewered lot 100 Feet 75 Feet Recreational – unsewered lot 100 Feet 100 Feet General Development – sewered lot 100 Feet 50 Feet General Development – unsewered lot 100 Feet 75 Feet 4.STAFF RECOMMENDATION: Staff recommends approval of the proposed zoning code amendments to the ordinance Section 90- 137 Shoreland District (2) to revise the structure setback requirements. Staff recommends the Planning Commission open and hold a public hearing and take any and all comments. Attachments: 1.Ordinance 2.Shoreland map 3.Red-lined revisions to the Shoreland District ordinance ORDINANCE 2022-_____ AN ORDINANCE REPLACING CHAPTER 90, ARTICLE IV ZONING DISTRICT REGULATIONS, DIVISION 2 OVERLAY DISTRICTS, SECTION 90-137 SHORELAND DISTRICT THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby replace Chapter 90, Article IV Zoning District Regulations, Division 2 Overlay Districts, Section 90-137 Shoreland District to amend (2) minimum dimensional requirements for riparian shoreland development table to the following: Sec. 90-137 (2) Dimensional Requirements For Riparian Shoreland Development Dimensional Requirements For Riparian Shoreland Development Minimum Lot Area Minimum Lot Width Structure Setback from OHW Minimum Septic Setback from OHW Maximum Structure Height Natural environment lake — sewered lot 40,000 sq. ft. 125 ft. 150 ft. NA 25 ft. Natural environment lake — unsewered lot 80,000 sq. ft. 200 ft. 150 ft. 150 ft. 25 ft. Recreational lake — sewered lot 20,000 sq. ft. 80 ft. 75 ft. NA 25 ft. Recreational lake — unsewered lot 40,000 sq. ft. 150 ft. 100 ft. 75 ft. 25 ft. General development lake — sewered lot 15, 000 sq. ft. 80 ft. 50 ft. NA 25 ft. General development lake — unsewered lot 40,000 sq. ft. 150 ft. 75 ft. 50 ft. 25 ft. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. Ordinance 2022-____ Shoreland District Page 2 of 2 2 ADOPTED by the City Council this 1sr day of August, 2022. ______________________________ Tom Weidt, Mayor ATTEST: _____________________________ Michele Lindau, City Clerk H a r d w oodCreekTributarytoClearwaterCreekHardwoodCreekClearwater Cr eekRice Lake 82014600 Oneka Lake 82014000 Egg Lake 82014700 Bald Eagle Lake 62000200 Sunset Lake 82015300 Horseshoe Lake 82013800 Round Lake 82013600 Long Lake 82015500 Plaisted Lake 82014800 Fish Lake 82013700 Unnamed 02000100 South School Section Lake 82015100 Barker Lake 82007600 North School Section Lake 82014900 Unnamed 82014100 Unnamed 82015200 Unnamed 82015600 Unnamed 82014400 Goggins Lake 82007700 Unnamed 82015000 Unnamed 82014500 Unnamed 82015400 Unnamed 8214300 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esr i Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contr ibutors, and the GIS User Community DNR Shoreland Classifications for Basins General Development Natural Environment Recreational Development 1000 Ft SL Districts for PWs with DNR SL Classification Public Water Altered Natural Watercourse Public Water Watercourse Public Watercourse Sections Removed from PWI in 2017 Ü 0 1 20.5 Miles City of Hugo - Public Waters Regulated Under State Shoreland Rules Sec. 90-137. Shoreland district. The shoreland district of the city shall be all that land within 1,000 feet of the ordinary high-water levels of the lakes, ponds, and flowages, and within 300 feet of the ordinary high-water level of the rivers and streams listed in the shoreland classification data table of this section. All land lying within the shoreland district of the city shall be subject to the regulations established herein. (1) The following table shows the shoreland classification data for the city: Shoreland Classification Data Lake Name I.D. T R Sections Classification Unnamed 2-1W 31 21;22 30—25 Natural environment (NE) Bald Eagle 62-2 31 21 31— Various General development (GD) Barker 82-76 31 21;20 12—7 Natural environment (NE) Goggins Lake 82-77 31 21;20 36—31 Natural environment (NE) Round 82- 136 31 21 35 Recreational development (RD) Fish 82- 137 31;30 21 33—6 Natural environment (NE) Horseshoe 82- 138 31 21 3—4 Natural environment (NE) Oneka 82- 140 31 21 9—16 Natural environment (NE) Unnamed 82- 141 31 21 11—14 Natural environment (NE) Unnamed 82- 144 31 21 14 Natural environment (NE) Unnamed 82- 145 31 21 14—23 Natural environment (NE) Rice 82- 146 31 21 15, 16, 21, 22, 27, 28 Natural environment (NE) Egg 82- 147 31 21 20—29 Recreational development (RD) Lake Plaisted 82- 148 31 21 25 Natural environment (NE) North School Section 82- 149 31 21 25 Natural environment (NE) Unnamed 82- 150 31 21 25—26 Natural environment (NE) South School Section 82- 151 31 21 25—26 Natural environment (NE) Unnamed 82- 152 31 21 26 Natural environment (NE) Sunset 82- 153 31 21 27—34 Recreational development (RD) Long 82- 155 31 21 35 Natural environment (NE) Unnamed 82- 156 31 21 1—36 Natural environment (NE) Watercourses1 Unnamed to Rice Lake 31 21 20—21 General development (GD) Clearwater Creek 31 21 31—19 General development (GD) Unnamed to Clearwater Creek 31 21 8—19 General development (GD) 1 All rivers and streams in the municipality having a total drainage area of greater than two square miles are assigned a shoreland classification of general development. (2) The following table provides the minimum dimensional requirements for development within the shoreland district. The city council may grant variances to the strict interpretation of these standards in accordance with section 90-38. Dimensional Requirements For Riparian Shoreland Development Minimum Lot Area Minimum Lot Width Structure Setback from OHW Minimum Septic Setback from OHW Maximum Structure Height Natural environment lake — sewered lot 40,000 sq. ft. 125 ft. 150 ft. NA 25 ft. Natural environment lake — unsewered lot 80,000 sq. ft. 200 ft. 150 ft. 150 ft. 25 ft. Recreational lake — sewered lot 20,000 sq. ft. 80 ft. 75 ft. NA 25 ft. Recreational lake — unsewered lot 40,000 sq. ft. 150 ft. 100 ft. 75 ft. 25 ft. General development lake — sewered lot 15, 000 sq. ft. 80 ft. 50 ft. NA 25 ft. General development lake — unsewered lot 40,000 sq. ft. 150 ft. 75 ft. 50 ft. 25 ft. Dimensional Requirements for Nonriparian Shoreland Development (for residential lots only unless otherwise stated) Minimum Lot Area Minimum Lot Width Maximum Structure Height Natural environment lake— sewered lot 20,000 sq. ft. 125 ft. 25 ft. Natural environment lake— unsewered lot 80,000 sq. ft. 200 ft. 25 ft. Recreational lake— sewered lot 15,000 sq. ft. 80 ft. 25 ft. Recreational lake— unsewered lot 40,000 sq. ft. 150 ft. 25 ft. General Development lake— sewered lot 10,400 sq. ft. 80 ft. 25 ft. General Development lake— unsewered lot 40,000 sq. ft. 150 ft. 25 ft. Controlled Access Lots and Commercial Lots, based on lake type As above plus 25% As above plus 25% 25 ft. Notes to Table: 1. Building setbacks on side yards fronting public streets shall be the same as the specified front yard setback. 2. Church steeples and nonresidential farm buildings are excluded from height limitations. 3. No more than 25% of a lot or parcel in the shoreland district may be covered by an impervious surface. (3) Permitted uses within the shoreland district shall be the same as those of the underlying zoning district. (4) Permitted accessory uses in the shoreland district shall be the same as those of the underlying zoning district, and also include: a. One deck or dock not meeting the normal setback requirements from the waterbody as defined in this section, given that the deck meets the following conditions: 1. The dock may not occupy an area exceeding 450 square feet in the case of a private dock, nor 600 square feet in the case of a commercial or public dock. 2. The dock may not be over six feet wide in relation to the shoreline. 3. No dock, platform, deck, or similar structure shall be located within or over the banks of a creek or stream. 4. The dock may not block a navigable channel. 5. The dock may not extend more than 75 feet past the ordinary high-water level into a lake in the case of a private dock, nor more than 100 feet past the ordinary high-water level in the case of a commercial or public dock. A variance may be granted in accordance with section 90-38 to allow access to navigable waters. 6. The treadway of the dock may not be more than two feet above the ordinary high-water level of the waterbody over which it is constructed. 7. No walls, roof, or enclosed structure may be constructed on any dock. b. One stairway for achieving access up and down bluffs and steep slopes to shore areas. The stairway may not be greater than four feet in width, and may not have a landing exceeding 32 square feet area. c. Lifts for achieving access up and down bluffs and steep slopes. (5) Conditional uses in the shoreland district shall be the same as those for the underlying zoning district, and also include: a. Intensive clearing of vegetation, except for agricultural and forest management practices as permitted by law. b. Advertising signs. c. Lake access lots. d. Marinas. (Prior Code, § 1155-020.1) Agenda Number: G.18 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Lauren and Brent Schleicher – Encroachment agreement to allow a fence within a drainage and utility easement on property located at 13466 Fondant Trail North. DATE: July 27, 2022 for the City Council meeting of August 1, 2022 ZONING: Planned Unit Development (PUD) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: September 10, 2022 1.DESCRIPTION OF REQUEST: The applicant has requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 13466 Fondant Trail North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. 2.CONCLUSION/RECOMMENDATION: Staff has reviewed the request and recommends that the City Council approve the encroachment agreement for the property located at 13466 Fondant Trail North. ATTACHMENTS: 1. Location Map 2. Encroachment Agreement Resolution 3.Encroachment Agreement 4. Survey 135th Street Nor th Fondant Trail NorthFlint Circle NorthFletcher Lane North135th Court North13466 Fondant Trl N Location Map Hugo, MN Roads Hugo Border Parcel Boundary ¯0 200Feet1 in = 200 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2022\13466 Fondant Trl Encroachment.mxdSite RESOLUTION 2022-____ APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 13466 FONDANT TRAIL NORTH WHEREAS, an application has been filed by Lauren and Brent Schleicher that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 13466 Fondant Trail North, legally described as follows; Lot 6, Block 5, Adelaide Landing 5th Addition, Washington County, Minnesota WHEREAS, the City Council has fully considered the request for the encroachment agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the encroachment agreement on property located at 13466 Fondant Trail North. ADOPTED by the City Council this 1st day of August, 2022. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 1st day of August, 2022 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Lauren and Brent Schleicher (hereinafter “Owners”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the northerly, westerly, and southerly portion of the Owner’s property, which is legally described as: Lot 6, Block 5, Adelaide Landing 5th Addition, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence partially within the easement area; and, WHERAS, the City will permit the placement of a fence in the area described herein subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement as set forth herein and subject to the conditions set forth below: 1. Owner and their successors in title may install and maintain a fence within the Easement, and the fence shall be constructed in accordance with the plans on file with the City of Hugo. 2. No plantings, trees, permanent improvements or structures other than the fence may be maintained or placed in the easement area. 3. Owner shall maintain the fence in good repair and shall not permit it to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. 4. The encroachment granted to Owner herein is subject to the existing easement rights of the City as granted in various easements. 5. The City will notify Owner if it requires removal or relocation of the fence or any part of it. Thereafter, Owner shall remove the fence according to the direction of the City and if Owner fails to do so, the City may enter upon the land and remove as much of the fence as required and cast it upon the adjoining lands. In such an event, the City shall not be liable to Owner for any costs, loss or damage whatsoever, and may assess the property for all of its costs incurred in removing the fence, and Owner waive all formalities, requirements and defenses arising from or relating to Minnesota Statutes Section 429 relating to or arising from the work done by the City. 6. To the fullest extent permitted by law, Owner agrees to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the fence, regardless of whether such harm is to Owner, the City, the employees or officers, guests or invitees of either or any other person or entity, except Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence of the indemnified parties. 7. The permission granted herein is limited exclusively to the proposed fence within the specified portion of the easement area of the City’s Easement. Owner shall not alter the grade or permit such alteration anywhere upon the land upon which the City has reserved its easement rights without proper express written consent of the City. 8. Owner shall, at all times, use their best efforts to conduct all of their activities on said Easement in such a manner as to not interfere with or impede the operation of the City’s Easement and related activities in any manner whatsoever, and shall follow the direction of the City. 9. This Agreement shall run with the land and inure to the benefit and be binding upon the parties hereto, their heirs, successors and assigns. 10. Owner shall be responsible for the costs of recording this Agreement with the Washington County Recorder. WHEREUPON, the parties have set their hands this day of , 2022. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, 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 Lauren Schleicher, Owner _____________________________________ Brent Schleicher, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, before me, a Notary Public, personally appeared Lauren and Brent Schleicher, a married couple, who signed the foregoing instrument and acknowledged said instrument to be his free act and deed. __________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: David K. Snyder Johnson & Turner, P.A. 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 Agenda Number: CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Casey and Kristen Christenson. Easement Vacation Public Hearing and Encroachment Agreement for the Property Located at 4635 Ethan Trail North DAT E: July 27, 2022, for the City Council Meeting of August 1, 2022 ZONING: Single Family Detached Residential (R-3) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: August 26, 2022 1. DESCRIPTION OF REQUEST: The applicant is requesting a vacation of a portion of the existing drainage and utility easement located over a property located at 4635 Ethan Trail North. The lot has existing drainage and utility easements on the property that were dedicated as part of the Prairie Village 3rd Addition final plat. The applicant is installing a pool on the property. There is a 15 foot drainage and utility easement in the rear yard of the property. They inquired about vacating a portion of the rear yard easement in order to place the pool at the setbacks allowed per the swimming pool ordinance. The Senior Engineering Technician reviewed the request and determined that the easement could be vacated 5 feet. Staff is comfortable with the applicants requests to vacate 5 feet of the drainage and utility easement in the rear yard of the property. The applicant is also requesting an encroachment agreement for a fence that is located in the easement area. 2. RECOMMENDATION: Staff recommends that the City Council approve the notice to vacate a portion of the drainage and utility easement and approval of the encroachment agreement. Page 2 Attachments: 1. Location Map 2. Notice vacating drainage and utility easement 3. Encroachment Agreement Resolution 4. Encroachment Agreement 5. Survey E than T ra il N orth158th S treet N o rthE u r o p a A v e n u e N o rt h Prairie Trail NorthEnf i el d Avenue Nor t h4635 Ethan Trl N Location Map Hugo, MN Site Roads Hugo B order Par cel Boundary ¯Document Path: S:\Mapping\Emily\LocationSite Maps\2022\4635 Ethan Trl Easement Vacation.mxdSite NOTICE OF COMPLETION OF VACATION PROCEEDINGS FOR THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON PROPERTY LOCATED AT 4635 ETHAN TRAIL NORTH PLEASE TAKE NOTICE that the City Council for the City of Hugo has, on the 1st day of August, 2022, completed the proceedings for the vacation of a portion of the Drainage and Utility Easement on the property legally described as follows: Lot 5, Block 3, Prairie Village 3rd Addition, Washington County, Minnesota. Parcel easement vacation described below: The vacation of a portion of the drainage and utility easement as shown on Lot 5, Block 3, Prairie Village 3rd Addition, Washington County, the intent of this vacation is to vacate the northerly 5.00 feet of the 15.00 foot drainage and utility easement that is shown running across the southerly portion of said Lot 5 without vacating any portion of the 5.00 foot or 10.00 foot drainage and utility easement located on the westerly and easterly side of said Lot 5. Dated this 1st day of August, 2022. ______________________________ Bryan Bear, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of _____________, 2021, 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 RESOLUTION 2022-____ APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE AND CONCRETE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 4635 ETHAN TRAIL NORTH WHEREAS, an application has been filed by Casey and Kristen Christenson that requests approval of an encroachment agreement to allow construction of a fence and concrete within a drainage and utility easement on the property located at 4635 Ethan Trail North, legally described as follows; Lot 5, Block 3, Prairie Village 3rd Addition, Washington County, Minnesota WHEREAS, the City Council has fully considered the request for the encroachment agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the encroachment agreement on property located at 4635 Ethan Trail North. ADOPTED by the City Council this 1st day of August, 2022. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 1st day of August, 2022 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Casey and Kristen Christenson (hereinafter “Owners”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the northerly, westerly, and southerly portion of the Owner’s property, which is legally described as: Lot 5, Block, 3, Prairie Village 3rd Addition, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence and concrete partially within the easement area; and, WHERAS, the City will permit the placement of a fence and concrete in the area described herein subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement as set forth herein and subject to the conditions set forth below: 1. Owner and their successors in title may install and maintain a fence and concrete within the Easement, and the fence and concrete shall be constructed in accordance with the plans on file with the City of Hugo. 2. No plantings, trees, permanent improvements or structures other than the fence and concrete may be maintained or placed in the easement area. 3. Owner shall maintain the fence and concrete in good repair and shall not permit it to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. 4. The encroachment granted to Owner herein is subject to the existing easement rights of the City as granted in various easements. 5. The City will notify Owner if it requires removal or relocation of the fence and/or concrete or any part of it. Thereafter, Owner shall remove the fence and/or concrete according to the direction of the City and if Owner fails to do so, the City may enter upon the land and remove as much of the fence and/or concrete as required and cast it upon the adjoining lands. In such an event, the City shall not be liable to Owner for any costs, loss or damage whatsoever, and may assess the property for all of its costs incurred in removing the fence and/or concrete, and Owner waive all formalities, requirements and defenses arising from or relating to Minnesota Statutes Section 429 relating to or arising from the work done by the City. 6. To the fullest extent permitted by law, Owner agrees to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the fence and/or concrete, regardless of whether such harm is to Owner, the City, the employees or officers, guests or invitees of either or any other person or entity, except Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence of the indemnified parties. 7. The permission granted herein is limited exclusively to the proposed fence and concrete within the specified portion of the easement area of the City’s Easement. Owner shall not alter the grade or permit such alteration anywhere upon the land upon which the City has reserved its easement rights without proper express written consent of the City. 8. Owner shall, at all times, use their best efforts to conduct all of their activities on said Easement in such a manner as to not interfere with or impede the operation of the City’s Easement and related activities in any manner whatsoever, and shall follow the direction of the City. 9. This Agreement shall run with the land and inure to the benefit and be binding upon the parties hereto, their heirs, successors and assigns. 10. Owner shall be responsible for the costs of recording this Agreement with the Washington County Recorder. WHEREUPON, the parties have set their hands this day of , 2022. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, 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 Kristen Christenson, Owner _____________________________________ Casey Christenson, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, before me, a Notary Public, personally appeared Casey and Kristen Christenson, a married couple, who signed the foregoing instrument and acknowledged said instrument to be his free act and deed. __________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: David K. Snyder Johnson & Turner, P.A. 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 CERTIFICATE ' F SURVEY for- CREATIVE HOMES of- 4635 ETHAN TR/AIL N. NORTH s? 00 9 XA o IQ IQ 0\ moorp Z 933.47 1>\ w O CS IQ 932.80 C9 8 ssroo°p otoAg 51 1' 5° s G O(! 9° 0 933.11 s 6 0 932.80 O0 2 h 932.62 Pto o0se 932.60 o 932.44 N b i OA 9 1 g9 BUILDER TO VERIFY HSE DIMENSIONS, SEWER DEPTH AND FOUNDATION DEPTH AREAS: DRIVEWAYS ARE SHOWN FOR GRAPHIC PURPOSES ONLY. FINAL DRIVEWAY DESIGN TOTAL LOT AREA = 13,718 S.F. AND LOCATION TO BE DETERMINED BY CONTRACTOR. PROPOSED DRIVEWAY AREA = 1,308 S.F. FINISHED GRADE ADJACENT TO HOME SHALL BE 0. 5 FEET BELOW TOP OF BLOCK PROPOSED SOD AREA = 13,085 S.F. EXCEPT AT DRIVEWAY AND PATIO DIAGONAL: 73.50 X 51 .50 = 89.75 8 FOOT POURED WALL BASEMENT) 023 DENOTES PROPOSED ELEVATION. PROPOSED ELEVATIONS: X 1011.2 DENOTES EXISTING ELEVATION. DENOTES DIRECTION OF DRAINAGE. TOP OF WALL = 935.5 GARAGE FLOOR = 935.1 DENOTES WOOD HUB/METAL SPIKE AT 11 FOOT LOWEST FLOOR = 927.8 OFFSET. (UNLESS OTHERWISE NOTED) TOP OF FOOTING = 927.5 LOWEST POSSIBLE FLOOR ELEVATION = 927.5 PER GRADING PLAN Lot 5, Block 3, PRAIRIE VILLAGE 3RD ADDITION, Washington County, Minnesota. Location: CITY OF H U GO 2/25/16: ADD EXISTING ELEVATIONS - BAB Scale 1 "= 20 ' 1Drawn By: BAB Project Manager: JER I Job No.: 16084HS O Denotes Iron Set 1 • Denotes Iron Found Bearings shown are on an assumed datum. l hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that / am a duly Registered Land Surveyor under the laws F. V., Ron & SONS, INP., of the State of Minnesota. Dated this 25th day of February , 2016. V" Professional Land Surveyors www.egrud.com 6776 Lake Drive NE, Suite 110 License No. 41578 Lino Lakes, MN 55014 Tel.(651)361-8200 Fox(651)361-8701 5-35 feet of this 15ft ease me nt is propose d to be vacate d CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Southwind Builders, LLC – Sketch Plan for a single family residential development located on the property at 16345 Everton Avenue North DATE: July 28, 2022, for the City Council Meeting of August 1, 2022 ZONING: Future Urban Service (FUS) LAND USE: Low Density Residential (LD) REVIEW DEADLINE: August 16, 2022 1.PLANNING COMMISION UPDATE: The Planning Commission will review the sketch plan at its July 28, 2022, meeting. Staff will provide an update to the City Council prior to the Council meeting on August 1, 2022. 2.BACKGROUND: The property is located north of the Oneka Place development at the end of Oneka Parkway The propert y is currently vacant, relatively flat, and has some site constraints due to wetlands.. The applicant would like to receive feedback on the project in regards to general layout, lot sizes, setbacks, and road construction. 3.SKETCH PLAN: The applicant is planning to develop a parcel of land that is 24.83 acres, with 3.66 acres of wetland. The plan shows 59 proposed single family lots and a small neighborhood park. The plan also shows stormwater ponding areas, trail connections, and road connections. The development will have a stromwater reuse system for irrigation. A home owners association is proposed for the development. The applicant would be asking for flexibility form the zoning code through a Planned Unit Development (PUD). The sketch plan was completed to get comments from the various commissions and Council prior to moving forward with the formal development approval process. J.1 Oneka Prairie Sketch Plan Current Zoning and 2040 Land Use The property is currently zoned Future Urban Service (FUS) and is guided as Low Density Residential (LD) in the 2040 Land Use Plan. The allowed net density is up to 4 units per acre with a PUD. The development is proposed to be 2.8 units per acre, which meets the density requirements. Planned Unit Development The developer has proposed requesting approval of a PUD for the development. PUD’s offer enhanced flexibility to develop a site through the relaxation of zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfers of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the City has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts. The applicant is proposing flexibility on lot size, lot width, and setbacks. See table below. Required Proposed Lot Size 10,400 square feet 7,800 square feet (9,427 average) Lot Width 80 feet 80 feet Front Yard Setback 30 feet 30 feet 20 feet on corner lot side of house Side Yard Setback 10 feet 7.5 feet Rear Yard Setback 30 feet 30 feet * Flexibility highlighted in gray In exchange for the flexibility the applicant has indicated that the development will have a stormwater reuse system for irrigation and the developer will be responsible for the cost and installation of the playground equipment and shelter at the proposed park. Parks / Trails This development is in Neighborhood Park Service Area 3 which does not have any parks in it at this time. The property is not in an area identified as a greenway. Frog Hollow and Oneka Elementary are the closest recreational amenities. Due to the size of the proposed development, it is difficult to include a neighborhood park. It is likely that a more sizeable neighborhood park would be constructed to the east with future development. A future park in this location could be a part of a greenway corridor and connect to city-owned park land to the south. The developer is proposing to continue the trail and sidewalks on Oneka Park. They are also proposing to extend the trail on the west side of Fair Oaks Avenue North and extend it to the east to connect to future trails. Sidewalks are proposed along all remaining streets. This is in keeping with the neighborhood to the south and allow for connections to future development. Oneka Prairie Sketch Plan The applicant is required to dedicate land, pay a fee, or a combination of land and fee to satisfy park dedication per Sec. 90-324 of the City Code. The applicant is required to dedicate 10% of the developable acres for park land with a density of less than 3.99 units per acre. With 21.4 buildable acres, 2.14 acres of land would be required to be dedicated. The developer is proposing to dedicate a combination of land and fee. The developer is proposing to dedicate a tot lot that is 29,089 square feet or .66 acres which would satisfy 30% of the requirement. To satisfy the remaining requirement, 70% of the fee would be paid per unit. Park Dedication Calculations Required *Land OR Fee Proposed Land 10% of the developable acres 2.14 acres .66 acres and Fee $3,400 per unit $200,600 $146,420 The developer is proposing to construct amenities on the future city park including a shelter, playground, and sidewalk loop in exchange for PUD flexibility. The site plan also includes trees as a buffer to adjacent homes. There is a wetland shown on the proposed park. Wetlands are not given credit for park dedication and this may result in an adjustment to the final calculations. At its July 20, 2022, the Parks Commission provided feedback on the proposed sketch plan and amenities as it is anticipated that it will become a city park. They generally liked the park layout and the proposed amenities. They recommended approval of the proposed park dedication request by the applicant. Landscaping The developer has not submitted a landscape plan. In exchange for PUD flexibility, the City could expect a landscape plan that goes beyond the minimum requirements to provide street trees, entrance streetscaping, plantings around a monument sign, plantings in openspace, etc. Streets & Access The property is located north of Empress Avenue North (constructed as part of the Oneka Place Development), south of 165th Street and east of the extension of Oneka Parkway. Thea applicant is proposing to extend Oneka Parkway 700 feet to the north. An existing 100-ft right-of-way exists for the construction of Oneka Parkway. Additional right-of-way is not necessary to be dedicated. The remaining portion of Oneka Parkway is proposed to be constructed as adjacent properties develop. Two new access points along Oneka Parkway are proposed. There will be a new access point into the development coming from the extension of Fairoaks Avenue that was constructed as part Oneka Prairie Sketch Plan of the Oneka Place Development. The plan also shows streets that could connect to the north and east for future developments on adjacent properties. No lots will be allowed to have driveway access to Oneka Parkway. Utilities Sewer and water is available from the south property, however a sanitary sewer lift station is required to be installed and is identified in the Comp Plan to somewhere along Oneka Parkway. It is a trunk lift station that will serve several other properties and will be designed, installed, and paid for by the City. The sanitary service coming from Fairoaks Avenue to the south has limited depth to serve the western portion of the development. A majority of the development will be served by the new lift station. Wetlands The developer has applied for approval of a wetland delineation through the City. They are currently going through the City’s Technical Evaluation Panel (TEP) for approval of their wetland delineation on the site. A wetland replacement plan would need to be applied and approved by the TEP if the developer plans to impact any wetlands on the site. This will be evaluated as the project moves forward. Stormwater Management/Water Re-Use The developer is proposing to have a stormwater management plan through the construction of ponds within the site. Staff will be working with the developer, as this projects moves forward, as it relates to stormwater management and infiltration. The developer has also indicated that they will be evaluating the potential of using stormwater, for irrigation purposes, within the development. If the system is feasible, from a water availability and design standpoint, it will require additional review and analysis as the project moves forward. 4. CONCLUSION/ RECOMMENDATIONS: Staff believes that the layout of the proposed development is generally good. The applicant has done a good job providing a park area with amenities and trail connections. The developer is also planning to evaluate a stormwater re-use system that uses water from the stormwater ponds to irrigate the development, which is a system that is fitting with the City’s “Reduce, Reuse, Replenish” initiative. The plan meets the intent of the comprehensive plan in regards to land use, parks, and transportation. Staff recommends the Planning Commission provide feedback to the applicant on the following: 1. General layout 2. Lot sizes 3. Setbacks Oneka Prairie Sketch Plan 4. Road construction ATTACHMENTS: 1. Location Map 2. Engineers Memo Dated July 8, 2022 3. Applicants Narrative 4. Sketch Plan and Park Plan 165th Street North Ethan Trail NorthEmpress Avenue North 159th Street NorthFairoaks Avenue NorthP r a i r i e T r a i l N o r t hEuropa Avenue Nor t hOneka Parkway North162nd Street North Falcon Avenue NorthEverton Avenue NorthFarnham Avenue North162nd C ourt N orthEthan Court NorthSketch Plan - Oneka Prairie Location Map Hugo, MN Site Roads Hugo Border Parcel Boundary ¯Document Path: S:\Mapping\Emily\LocationSite Maps\2022\Oneka Prairie Sketch Plan.mxd 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 8, 2022 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Oneka Prairie Sketch Plan Review WSB Project No. 020725-000 Dear Ms. Juba: We have reviewed the Sketch Plan for the Oneka prairie. We have reviewed the following information related to this application: • Oneka Prairie Sketch Plan Sketch Plan Revised dated June 20, 2022, for Southwind Holdings, LLC by E.G. Rud & Sons, Inc. • Sketch Plan Application Letter by Southwind Holdings, LLC dated May 19, 2022 Based on the review of the documents, we offer the following comments related to this application: General/Access 1. The subject property is located north of Empress Avenue North (constructed as part of the Oneka Place Development), south of 165th Street and east of the extension of Oneka Parkway. 2. The development would need to extend Oneka Parkway along the full length of the development. Two access points along Oneka parkway are proposed with a 3rd access point into the development coming from the extension of Fairoaks Avenue that was constructed as part of the Oneka Place Development. 3. An existing 100-ft ROW exists for the construction of Oneka Parkway. Additional right-of-way is not necessary to be dedicated. 4. Connection of Oneka Parkway to 165th Street is not planned nor is a requirement for this development. Utility Plan 5. As identified in the City’s Comprehensive Water Supply and Distribution Plan, a 12” trunk watermain will need to be extended north from the existing 12” trunk watermain located within Oneka Parkway with the City of Hugo paying for oversizing costs. 6. The City’s Comprehensive Sanitary Sewer Plan identifies the way in which properties are to be served by sanitary sewer. A trunk sanitary sewer lift station is identified to be constructed near the existing terminus of Oneka Parkway and will be paid for and constructed by the City of Hugo. Sighting of the lift station will need to be coordinated with the developer and will require a public drainage and utility easement. 7. Sanitary Sewer within Fairoaks Avenue is available to serve a small portion of the property based on its current depth. Staff will need to further evaluate sewer service to the subject Ms. Rachel Juba July 8, 2022 Page 2 S:\Users\R_Juba\DEVELOPMENT PROJECTS\Drake Property Sketch Plan\Engineers Memo Oneka Prairie 070722.docx property and property to the east as it may be more effective to serve the entire development from the lift station. The depth of the sewer in Fairoaks Avenue is not of sufficient depth to serve the developable area to the east nor the majority of the subject property. Once the applicant can provide a grading plan, staff can further evaluate and provide recommendations prior to laying out the sanitary sewer to service the site. 8. If the project is to be phased, a staging plan will be required to be shown with utility work being identified to occur within the final platted area only. If grading is different from the phasing plan for utilities or final plat area, a plan addressing temporary drainage measures outside the platted area will be required. Stormwater Management/Wetlands 9. Volume control/water quality standard will be required, which is 1.1 inches off new impervious surfaces. Water reuse will be the preferred BMP option for the site for volume reduction. If an additional BMP is to be used, the TP removal factor from RCWD Rule C, Table C1. must be applied. 10. Peak stormwater runoff rates for the proposed project must not exceed existing rates for the 2-year and 10-year 24-hour rainfall events using Atlas 14 rainfall depths. 11. Peak stormwater runoff rates for the 100-year 24-hour rainfall event is limited to 0.1 cfs/acre. 12. Lowest building opening must be at least 3’ above the 100-yr HWL for both wetlands and BMPs and 4’ above the current groundwater elevations. 13. Private ditches to JD3 are located onsite. Maintain private ditch drainage to JD3. Developer to confirm with RCWD if a permit for Rule I is needed. 14. No 100-year floodplains located onsite. 15. Stormwater Management facilities will be required to be within drainage and utility easements. 16. The applicant is proposing to utilize stormwater reuse as part of their stormwater management plan. 17. A wetland delineation on the parcel has been completed. 18. The concept plan shows a number of impacts to wetlands. The applicant may find it helpful to have a pre-application meeting with the Technical Evaluation Panel to get a better idea of what impacts may or may not be allowed Thank you for the opportunity to provide comments on this project. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) 17/28/2022 3:21 PMSu 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 31August 2022Su Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30September 2022August 2022Jul 31Aug 1234567:00pm City Council5:00pm National Night Out 789101112136:30pm BOZA7:00pm Planning Comm141516171819207:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm212223242526276:30pm BOZA7:00pm Planning Comm28293031Sep 1235:00pm Midyear Budget (Hugo Council Chambers) SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 27/28/2022 3:21 PMSu Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30September 2022Su Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31October 2022September 2022Aug 28293031Sep 12345678910Labor Day (United States)7:00pm City Council6:30pm BOZA7:00pm Planning Comm8:00am Fall Cleanup11121314151617181920212223247:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm6:30pm BOZA7:00pm Planning Comm252627282930Oct 1SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY The following items were distributed at the Council meeting. Memorandum To: Bryan Bear, City Administrator From: Rachel Juba, Community Development Director Date: July 28, 2022, for the City Council Meeting of August 1, 202 Re: Public Hearing – Revisions to the Shoreland Overlay District Setbacks 1. PLANNING COMMISSION UPDATE: The Planning Commission held a public hearing on the revisions at its July 28, 2022, meeting. There was no one that spoke during the public hearing. The Planning Commission agreed that the setbacks should align with the DNR’s required setbacks in the State Statute. The unanimously made a recommendation to approve the ordinance revisions to the City Council. 2. BACKGROUND: The Shoreland District is an overlay district in the City of Hugo. Overlay districts are areas within the City that have special regulations applied to them because of their unique characteristics. Overlay districts are superimposed over the underlying zoning districts and the regulations for each apply to the subject property. The Shoreland District of the City is land that is within 1,000 feet of the ordinary high water (OHW) level of the lakes, ponds, and flowages, and within 300 feet of the OHW level of the rivers and streams listed in the shoreland classification table in the ordinance. All of the land lying within the Shoreland District are subject to the regulations in the shoreland ordinance. 3. OVERVIEW OF SETBACK REVISIONS: Staff will be completing a larger zoning code revision to the shoreland ordinance, but wanted to start with the revisions to the structure setbacks. The larger zoning code revision will take a longer time to complete. The structure setbacks in the shoreland ordinance are more restrictive than the State Statutes regarding shoreland setbacks that the DNR uses. The setbacks are from the OHW of lakes, ponds, flowages, rivers, and streams. The setbacks vary depending on the classification of the waterbody. To have the setbacks align and match with the State Statutes, staff recommends the following revisions: G.18 2 Dimensional Requirements for Riparian Shoreland Development Classification Existing Setbacks Proposed Setbacks Natural Environment - sewered lot 150 Feet 150 Feet Natural Environment - unsewered lot 200 Feet 150 Feet Recreational – sewered lot 100 Feet 75 Feet Recreational – unsewered lot 100 Feet 100 Feet General Development – sewered lot 100 Feet 50 Feet General Development – unsewered lot 100 Feet 75 Feet 4. STAFF RECOMMENDATION: Staff recommends approval of the proposed zoning code amendments to the ordinance Section 90- 137 Shoreland District (2) to revise the structure setback requirements. Staff recommends the Planning Commission open and hold a public hearing and take any and all comments. Attachments: 1. Shoreland map 2. Red-lined revisions to the Shoreland District ordinance