4.11. SR 07-18-2016City of
Elk az
—
River
Request for Action
To
Item Number
Mayor and City Council
4.11
Agenda Section
Meeting Date
Prepared by
ConsentJuly
18, 2016
Zack Carlton, Planning Manger
Item Description
Reviewed by
Paxmar, River Park Subdivision
Justin Femrite, City Engineer
■ Grading Permit for Miske Meadows
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the grading permit for Miske Meadows with the following conditions:
1. Comments from the City Engineer in the email dated June 29, 2016, shall be incorporated into
required plans.
2. Staff approval of updated grading, erosion control, and all other required plans.
3. Approval of the grading permit does not constitute approval of lot configuration, size, alignment,
or location.
4. Grading south of a line generally 200 feet north of the electrical utility easement shall be
considered preliminary and shall not be considered final approval.
Background/Discussion
The applicant is requesting a grading permit to begin rough grading of the Miske Meadows subdivision.
Grading work will establish preliminary roadway grades, stormwater ponds, and parcel elevations. The
grading work is anticipated to last until fall.
Staff reviewed the preliminary grading plans in June, and sent comments to the applicant on June 29,
2016. Updated drawings have not yet been received. Specific staff concerns include grading around utility
poles and the future city park. Staff has requested that the existing power poles in the corridor be lowered
to reduce grading impacts around them. Current grading plans show the poles remaining at their existing
elevations of approximately 948 to 950 feet, which leaves them 16 to 20 feet above the surrounding
property. The change in elevation requires retaining walls to retain the slopes, two of which end up in
what is planned to be city -owned property. Staff is concerned that the poles will look out of place, and
the retaining walls create long-term maintenance and safety issues on the public property.
Staff also identified grading concerns with the land that will be dedicated as a future public park. New
plans submitted with River Park Fourth Addition address some of these concerns, and staff will continue
to work with the applicant to establish final grades in the area.
To address staff's concerns with the two areas, staff included a condition noting that the grading plans for
the locations shall be considered preliminary, and will not be considered as final approval. Staff is
comfortable with the locations north of the described line, which is where the first number of
development phases will likely occur.
P a w E A E U s r
NaA f RE]
Financial Impact
None
Attachments
■ Grading Permit
■ Staff Comment Email dated June 29, 2016
■ Grading Plans received June 16, 2016
GRADING PERMIT
GRADING PERMIT ("Permit") dated July 18, 2016 issued by the CITY OF ELK
RIVER, a Minnesota municipal corporation ("City"), to PAXMAR, a Minnesota Limited Liability
Company (the "Developer")
1. Request for Grading Permit. The Developer has asked the City to allow the
Developer to grade the land hereinafter described and to issue a grading permit in conjunction with
the proposed plat for MISKE MEADOWS (referred to in this permit as the "Plat"). The land
("Land") is legally described on Exhibit A attached hereto.
2. Conditions of Approval. The City hereby approves the Permit on condition that the
Developer abide by its terms, the following conditions, and furnish the security required by it. The
approval of this Permit does not require the City to approve the proposed Plat.
A. Comments from the City Engineer in the email dated June 29, 2016, shall be
incorporated into required plans.
B. Staff approval of updated grading, erosion control, and all other required plans.
C. Approval of the grading permit does not constitute approval of lot configuration,
size, alignment, or location.
D. Grading south of a line generally 200 feet north of the electrical utility easement shall
be considered preliminary and shall not be considered final approval.
3. Plans. The proposed Plat shall be graded in accordance with the following plans.
The plans shall not be attached to this Permit. If the plans vary from the written terms of this
Permit, the written terms shall control. The plans are:
Plan A —Soil Erosion Control Plan and Schedule dated the day of 12016,
prepared by Sambatek.
Plan B —Grading Plans dated the dated the day of , 2016, prepared by
Sambatek.
4. Time of Performance. The Developer shall complete the grading and erosion
control in the Plats by November 30, 2017. The Developer may, however, request an extension of
time from the City. If an extension is granted, it shall be conditioned upon updating the security
posted by the Developer to reflect cost increases and the extended completion date.
5. Erosion Control. Plan A shall be implemented by the Developer and inspected and
approved by the City. The City may impose additional erosion control requirements if they would be
beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded
forthwith after the completion of the work in that area. Except as otherwise provided in Plan A,
seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion.
If the Developer does not comply with Plan A and schedule or supplementary instructions received
from the City, the City may take such action as it deems appropriate to control erosion. The City will
endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so
will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may
draw down the Letter of Credit to pay any costs. No other development will be allowed and no
building permits will be issued unless the Land is in full compliance with the erosion control
requirements and the Developer has received official approval of the Plat and has executed all
agreements reasonably required by the City.
6. Grading Plan. The proposed Plat shall be graded in accordance with Plan B. All
ponds, swales, and ditches shall be constructed on public easements or land owned by the City.
Within thirty (30) days after completion of the grading and before the City releases the Security
provided for in paragraph 8 of this Permit, the Developer shall provide the City with an "as
constructed" grading plan and a certification by a registered land surveyor or engineer that all ponds,
swales, and ditches have been constructed on public easements or land owned by the City.
7. Clean up. The Developer shall promptly clean dirt and debris from streets that has
resulted from construction work by the Developer, its agents or assigns.
8. Securi . To guarantee compliance with the terms of this Permit, the Developer shall
furnish the City with a cash escrow or irrevocable letter of credit equal to the cost of the proposed
work, per the form attached hereto as Exhibit B, and from a bank acceptable to the City ("security")
for $225,000. The bank and form of the letter of credit shall be subject to the approval of the City.
The letter of credit shall be for a term ending December 31, 2016.
Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the grading and erosion control, including but not limited to legal,
planning, engineering and inspection expenses incurred in connection with approval and acceptance
of the permit, the preparation of this permit, and all costs and expenses incurred by the City in
monitoring and inspecting the grading and erosion control.
B. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from permit
approval and work done in conjunction with it. The Developer shall indemnify the City and its
officers and employees for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorney's fees.
D. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all work and construction.
10. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than 48 hours in advance. This Permit is a license
for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the Land. When the City does any such work, the City may, in addition to its other remedies,
assess the cost in whole or in part against the Land.
11. Insurance. Developer shall take out and maintain or cause to be taken out and
maintained until six (6) months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property
damage which may arise out of Developer's work or the work of its subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less
than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall
be not less than $1,000,000 for each occurrence. The City shall be named as an additional insured on
the policy on a primary and noncontributory basis, and the Developer shall file with the City a
certificate evidencing coverage prior to the City signing the Plat.
12. Facsimile Execution. The parties intend to be bound by a facsimile executed copy of
this Permit just as fully as by an executed original; provided that the Developer executes the original
and delivers it to the City Administrator within five (5) days of the date of this Permit.
CITY OF ELK RIVER
BY:
Mayor
AND
City Clerk
DEVELOPER:
BY:
Its
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20, by and by ,
respectively the Mayor and City Administrator of the City of a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
20 by the
, a Minnesota , on its behalf.
Notary Public
Drafted by: City of Elk River
day of
of
EXHIBIT A
Outlot A, RIVER PARK, according to the record plat thereof, Sherburne County, Minnesota
Outlots B, RIVER PARK SECOND ADDITION, according to the record plat thereof, Sherburne
County, Minnesota
Outlots C, RIVER PARK SECOND ADDITION, according to the record plat thereof, Sherburne
County, Minnesota
Outlots D, RIVER PARK SECOND ADDITION, according to the record plat thereof, Sherburne
County, Minnesota
From: Femrite, LiS[in
To: Nate H—an (NH—an(ewambatek—rn)' Don Jensen (Don.Jensen(a)—mar.com); dsikich6wambatek.mm
CC: Wisner, Brandon; Carlton; ]achare
Subject: Miske Meadows Grading Plan Review
Date: Wednesday, June 29, 2016 8A9A5 AM
Attachments: rnaUe004.ona
Dwayne, We have reviewed the drainage and grading plans submitted for Misky Meadows on 6-17-16.
Wehave the following comments:
1. Include a signature block on title sheet stating Approved for Construction by Elk River City Engineer, Justin P. Femrite, P.E..
2. Redundant perimeter controls needed around wetlands that are downgradient of disturbed areas.
3. Pond01P -'Phis pond should be modeled for existing drainage from Country Road 40 (Cleveland St.).
4. Pond 09P - Volume, rate and water quality control is not provided for the street drainage being directly piped into the wetland adjacent to Pond 09P, this must be
treated before discharging to wetland.
5. Pond 8P — Proposed contours show slopes steeper than 3:1, slopes must be 3:1 or less.
6. All slopes intended to be maintained in ponding or other public spaces shall not exceed a 3:1 slope (I lorizontal:vertical)
7. Indicate on plans which drainage pipes will be installed as part of the grading operations.
8. Sheet 4.01 —Indicate the utility quality level in the note.
9. Driveway for Lot 122 is too steep. Permissions with adjacent property owner to fully remove the existing stockpile (left from original development grading) shall
be secured so this lot can be graded correctly.
10. Driveway for Lot 360 is too steep.
11. Future Park Area shall be graded according to the marked up proposed contours shown in this image:
r
1
I
II
�l(f,
NORTH .{.�
� url I I
ilF IN fnT i I
II
it
I{
II
- II
i I
°� IIIA
12. Future extension of Lincoln Street shall be graded as such.
13. Sheet 0406 - Note 10, Include that topsoil cannot be used as fill under trails or sidewalks.
14. Sheet 0406 — Remove note below the'1'ypical Single Family Lot Grading Detail
15. Sheet 0406—'1'he'l'ypical Single Family Lot detail includes an identifier for "BLOCK #". None are shown in the grading plan.
16. Sheet 05.01— No quantities are provided for temporary turf restoration. It must be understood that all disturbed areas are required to be stabilized according to
the MPGA stormwater permit.
17. Power poles are going to look out of place on a large hill. Work with power supplier to lower the poles so they will meet adjacent grades.
18. As proposed is this full site expected to balance?
We reserve the right to continue our review and make additional comments on items we notice. Please email if you have any questions of want clarification on the
comments. When addressed please resubmit new drawings and a response letter detailing the response to each comment.
Justin Femrite P.E. I City Engineer
763.635.1051 w 1763.635.1090 f
13065 Orono Parkway I Elk River I MN 155330
� a3o4ma a3a4Yo
w F
t9 t9 t9 t�_ _ _ _ O j
s �
V) II
Z - -
p ao
I..L
O
L
o O o Q LU_ z
N
N 70
J �r:
W
>.w
p G G ��
zo
4A
; z
V)
\000
tN LU
o •
/L
V
o
w oo�
wLL--j¢
Q �Otm9
� w¢F
o= j o O W D
arca o r
�m wwm� o
w m m e
� - a
oQZJ "a
3a �a�c�i •• A_
rc�w> 3i0
� z z 'a wa�o
Z �G
Zx_oF Zx_nF a am
�iz�z mizFz w�NZ
oOm
N
O Z
D �
a
W �
g w
y Y
0 N Y
a2 w
a
�X
v
va
E
E. s�
------ -----�
i moi— -v �
� N �
� O
w d
it� -------'
Z
J
a
C7
Z
i
---
------
/
0
i--
1
-
_
3g15_ /y
f �"
°��----
-- �- - --- -- — -
- -
- - ---- -
i
a
p'b i --
�
Ol
a
i oOS OOS `JOS
i
kJ� ly<
LsoN
tO 4s OHO
C17"
.
'l r?
oii
s
e
l O� � r yV. � „: Oqg �, ��� � � � °"j��i ii�w✓� I — 1 �-r �— 1-H ��� � agar
Ol Imo. 9 e a
�i iii i� 7IIr
�
E.
>QIiIM
A v
_
\k\�\,A���
�\ W771 �_ i ii -JN�1,,La3 111
1N
i��
OAA
IA
AInd
����.,,��—
r
I y
�
0 A r/
�. �✓N � p
N
G CZ
C
Q
W �
W
y Y
'2 CNC Y
CE C W
a
rX
N
via
�,M�'M� ,�� r i ��� i � it �____�i'�� I III / 3 �/ 1 -• �_
/ \
N\
r
v
m�• �' L �\`` 1 1%`Til, d �I �� /� \ k-777777
7
O rio
zzz Wal
� -� [£z�-.P. � �A° �0�@ �. �i �� ),�-� _—
�� r0V err ,RS= VA� Av
--
��
zz
z£z\
--
_
`�16 hill �L �; brrlr r 11 \ Tx�c stiz
G b 1
zro� IIM 1 b
1 LLI � w l tiz � az LL� I 111 I I ? Lcz f ro z e I �c_t_�38
1 �
.J m z1., �i% . ii �� i
f� — — ��i—_i
NOD
Ili9 "— 1 =I m ^I Nw�I Ir - _ Iv 1111 v Ix O
I LL l l
'�T �x6aZ�
Aljj�11 m \ m i�zsz
d
V 11 x I JJ
V III lil J i V est
' I r.`°i iI
1 I ih1 ii A A\� z r I
1 � 1 rel
I�III \ L6 ° I I � II III J bZ 1
Ir IV £ 1 m aP 11 I1� II A v ws II A
Aho
/
a/ III II- II �II I§ IV l
A
esti
V J i xs I _ I I�i M x �e ZV
Ri
x —T — II pII 1—f axes
el, N 1� /'x I lila 1
1 '71 •,.,- �� . e II III 1 A \
eb 1 I \
rxb � mI
n
\
=--- 1
/���_
T-1__
h III I a m lim b \ /
a
W
I LL Sawa
z_
Msfl
ye��
5 MH
1 H I a=v
I V J m \
m
,3
II
9' 1 II II L -J �\
� wmm
ww
cX
v
vaa
----- _ ---- 00
k15 -Nl
no 1
lip
1 lip o
30
2
3 _,- � 3
- ----- - __-__ - ---
o
--- _ �So
2
T.A" - k'
- - ass
-
-
11 ubaa 81—
6s�'"
z _<� >s os3 'sm 1
IN
R 11
R Eli
- oras"
36
-
Q Via -
F ->�m� -
- �10-
Ila"
-_ - :8g oho �?_ wF €wo"` - €� __ _ag^E _'• oG FG. 5� _ - -
- �tw oa -ea g" -�-- oho _- -�� o��s�� to o"
II��la" "max"m ^_o ^„m ^o_.a„ „E� a�„a m»ams zw__m „Emma ^o ^a ry £ a. a� o ..LL . .. .. 3oa�F
t o �Sw 'z 6zEaww- z»a �a ...
S a? :'C o�z_ �„� a� a� -
- -
0
- t3
a3za'3c1WMw£
-
-ni_
330 - - - - - 33 ��ox
__
oho
-
�t
-
--
- o�=wa=o ;saw
-
--
-
MAH
000._ »S>aawa - oGo�o ~.�jSmGa: --
.k
Q oga
Qo
-
E=a zE6 E= E E sEy 3a EEE oho :�w'o 'a ��=�a o3Fwow�:
cX
v
�a
c� z
Lc a _
C _
060
OZ
Ou
v w Z
— W J
� LU <
ami < LU
r 2 w >
1na1nO
V a H
Da k_ 04 g G G G G g
o2S o
oz
O Ov
L H
v w Z
—w
H w
v Q
t 2 w
,n a cn
Jill
c
O
N
ai Q
cca
zm z°
0
Lr) o
vi U a
o2S �
Z �
OZ
O0
L H
v w Z
—w
H w
v<
t 2 w
,n a cn
V I Lfl / 9s
I
------------7
___�--------_--
\ � C, � 1 • a � \ \ \\ \\ \111 II 11 II II \\ \—� / ����� \ 1
aG
A,&i
�-1«'\�
���
y��w'�'
eco Q
����� —_— v
��`
IOlni
N
\ \ \ C az \
w
V I Lfl / 9s
I
------------7
___�--------_--
\ � C, � 1 • a � \ \ \\ \\ \111 II 11 II II \\ \—� / ����� \ 1
aG
A,&i
�-1«'\�
���
y��w'�'
eco Q
����� —_— v
��`
IOlni
V I Lfl / 9s
I
------------7
___�--------_--
\ � C, � 1 • a � \ \ \\ \\ \111 II 11 II II \\ \—� / ����� \ 1
aG
A,&i
o2S �
Oz
O Ov
L�
vWz
-W
�W�
v<
LU
a- n acn
-
�'
�Yv
y, ice'
E�ilii/
c
v/
JII
lr
�_
4°
G3HUISr
ou §e
_
j_ x zw z
O a 80 o W '< '0 0 0- Q �a'wwkz ds= P
�G zo z& z _z �G> Gas
O °sGEo-=°meG o
�� W r 'G �_ o W
Z a�oG a°3zGz Vie- - - O Sr
adz moa o' _ __'>- ~ 'a `°. �p _ �a
�- zGo „W5u '-WG „ofa O�o'�:ooFw 3i0
a==E��Ee°_� m� Q�zzz e_°t d5 a -
4 _ S
L 01.m
w --- - W m z o e o o e o o e o o =8P
O Q G oti
ZCOEPPP
e�
06
tr
C_X
v
va
g
-90
r
Azov
NOW
yj
WE Y -P
3kit
,..�
X�
0
�9
l -
-
-
-All
or
1 I I IIIIv n I � -r
-
�
'e .:
zfi`S'- 70 :1 `
Q, , 'ae 3. ? / 1 III \ � _:•=1 i II � &1 O II� /'`
as °_
TREEZ GR.
biy o
SSIV�"/r ' 1
i
w4l)
0`111111 0 1 .
Z k3 o2. uou o a
HC C °?
=-„MO �o� a a s s o� o f'
Mull — —
s �\
°o O
Z =
O Z
Z
Vf 0
U
vLuZ
— W
W
"a v
t 2
W
Ln
a
�X
f<
-
g
-90
r
Azov
NOW
yj
WE Y -P
3kit
,..�
X�
0
�9
l -
-
-
-All
or
1 I I IIIIv n I � -r
-
�
'e .:
zfi`S'- 70 :1 `
Q, , 'ae 3. ? / 1 III \ � _:•=1 i II � &1 O II� /'`
as °_
TREEZ GR.
biy o
SSIV�"/r ' 1
i
w4l)
0`111111 0 1 .
Z k3 o2. uou o a
HC C °?
=-„MO �o� a a s s o� o f'
Mull — —
s �\
°o O
Z =
O Z
Z
Vf 0
U
vLuZ
— W
W
"a v
t 2
W
Ln
a
�X
f<
06 O
�--
ti
xv-
�� ti v vy y v vO v v v IiN
I
fa O
s
-
r�
Tf
a
r
---��-_.'✓`"�� -� ���_ --_Z�-moi--- -�\\� / -�� \ \\ �\ \ LSas
M
—�—T 1 �� x \� \\\\\
— �wvvvvAvvvil�lii,vVvvv�illli
u b
ST 1)
\ 0®®j111111 \\
/1� I HE
d T
e a m m •• — A V A l l l �r 11 l I �v �, A VIA\. d.
3R
�a 30
o10
°6 O
Z
O~
Z
N O
OU
vLuZ
W
W
"a v
L = Lu
h d N
a
�X
v
va
E
r 3
sly ro o V T/'Z
J A A \
n
C
/
/
Z-41
LL of „. �� ea i v v ix O
/ r
\ s`li � ��li l I / ✓ 1 II 1 � 1 e�z/ � (LL �,� , h'� i" i � �i �"` � '' i iQ �,, w 1 z z ,.�
ii1K�i A y,—
\ 0"tisz/1 A
Al
/ i p � � r6 y a��v lil_I �� 'n- m � � _� i Ilii._ �LL ➢ �. ( I I I\ / e
/!
f �Ap
l�
O
s5a'e
ry
s ---
- - - w s
a o> e � r ,
�
z ksa „ua E E E E
w
o t r'<,wW Ft
p
t .
E ,... u m
F
66 O
z
O_ ~
z
H O
m U
a)Wz
— W
W
"a v
t 2 W
aul)
a
�X
v
via
U a
v� ��.v����I v
6� / /�������-
I / / j-
�"��'�>��K��e:�'�--�— `�✓�� �Y� / \G<���/ /�11V _j/
l lI I
-1,
��, /II//��/��I}�
-%// //IFI-IY�--p�olr II1-til
6 /`/�Gxu c I II A III �I
M�l� III I I i, LIII ���il�
J �l '�
� IIII/b�l�l`�I�I/ �_iII11
�aIRV
7-1
=�>,� �� I - - - - -�/ / � x - by / � �i'�' o �� ✓ -� F`. i '., Ill�h V ��'= �Ll�� l /`
J�7��V(/
W'/���1 311
r ����� ani / / Ei 1 i�� .� / �•� f Tim Ail �\_� _ Aa�� �
I i -moi / /� i--4---��b• / i/ i �-� � / �_ %" �`� � ry / �''�/'// I 1
i
IF_77-
SA
S
it
s ....se......
a.
Ili
rNuf
\!`%
i
i
W
w W
N
It Z
v
0a
v, CO
Oaf.
u=Ea p
z
E�
11113 e o -
rmm-
ooso a=
1HI H
z
s
s st
o x�ss
o 0
z
E�
11113 e o -
n
oho -s
EOH
inn! 2n 5= GLLT
n F
2 M5 2"-
E0 2
ri a
< gn
Ga-
n2g-
Ts
O U
t HE
ffn
0
o
On
q
0
nm
32
m
o 2
r,H r-
"oa
— — — — — — — — — — — —
— — — — — — — — — — —
— — — — — — — — — — — — —
Na— — — — — — — — — — — —
— — — — — — — — — — — — —
— — — — — — — — — — —
0
— — — — — — — — — — — — — -
° II- -- - - - - - - - - - - -
z
0 - - - - - - - - - - - - --
0 - - - - - - - - - - - - -
<
<
- - - - - -- - - - - - - -
0II W
2
&
0
0
9L
� 'J'L
II o
caC
cX
E
r
CD
E
F=
cn
Z
CW
C
W QCo
Z J
�O z
+ N Z
v= O
LW U
LA
N
OQ CZ
C
W �
W
W j
y Y
2 Y
CL w
44
E
2
t0
E
F=
co 3 I
0
a) x
0
a X
<