4.8. SR 10-15-2018
Request for Action
To Item Number
Mayor and City Council 4.8
Agenda Section Meeting Date Prepared by
October 15, 2018 Chris Leeseberg, Senior Planner
Consent
Item Description Reviewed by
Grading Permit and Final Plat: Monroe Estates Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution approving the Final Plat of Monroe Estates with the following conditions:
1. A Development Agreement must be signed by the city and developer prior to releasing the final plat
for recording.
2. Surface Water Management Impact Fee (rural) shall be paid for 16 lots at the rate applicable at the
time the final plat is released for recording.
3. Park Dedication (low density) shall be paid for 16 dwelling units at the rate applicable when the
subdivision is released for recording.
4. A Letter of Credit shall be provided to the city for 100% of the costs of the public improvements.
5. Upon completion of all improvements and acceptance by the city, a security or warranty in a form
acceptable to the city engineer must be secured.
6. Development Plan shall be approved by the city engineer prior to issuance of building permits.
7. Any item or condition found indicating the site is likely to yield information important to pre-history
or history shall immediately be reported to the city. Further, the city reserves the right to stop work
authorized in its approval until the site is appropriately investigated and work is authorized.
Approve, by motion, the grading permit for Monroe Estates with the following conditions:
1. Staff approval of all grading and erosion control plans.
2. An approved NPDES permit is required prior to any grading commencing.
3. No grading can impact any wetlands, wetland buffers, or wetland buffer setbacks until a formal
Wetland Conservation Act decision is issued for the proposed wetland impacts.
Background/Discussion
The preliminary plat was approved on August 28, 2018, for 16 buildable parcels. The final plat is
consistent with the preliminary plat and staff recommends approval. The applicant requests a grading
permit to begin the rough grading for the entire project. They expect to begin constructing homes in early
spring when road restrictions are lifted, and after the public infrastructure has been constructed.
Attachments
Final Plat of Monroe Estates
Resolution
Grading Permit dated October 15, 2018
Grading and Erosion Control Plans dated September 13, 2018
The Elk River Vision
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Resolution 18-____
A Resolution of the City of Elk River Granting Final Plat Approval for
Monroe Estates, Case No. P 18-14
WHEREAS, application has been made for final plat approval, pursuant to Section 30-374
of the Elk River City Code of Ordinances, of the property legally described on attached
Exhibit A and hereinafter referred to as “the Property”; and
WHEREAS, the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the plat of the Property;
NOW, THEREFORE, BE IT RESOLVED
1. It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Chapter of 30 of the City
Code of Ordinances and conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general and
specialized city, county, and regional plans including, but not limited to, the
City’s Comprehensive Plan.
C. The physical characteristics of the site, including, but not limited to,
topography, soils, vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and drainage are suitable for the type and density
of development and uses contemplated.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property.
3. The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and complied with, to sign the final plat for the Property and to
issue a certified copy of this Resolution giving final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5. This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
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Passed and adopted this 15 day of October, 2018.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
The Southwest Quarter of the Southwest Quarter of Section 1, Township 33, Range 26,
Sherburne County, Minnesota
EXHIBIT B
CONDITIONS OF APPROVAL
1. A Development Agreement must be signed by the city and developer prior to
releasing the final plat for recording.
2. Surface Water Management Impact Fee (rural) shall be paid for 16 lots at the rate
applicable at the time the final plat is released for recording.
3. Park Dedication (low density) shall be paid for 16 dwelling units at the rate applicable
when the subdivision is released for recording.
4. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of
the public improvements.
5. Upon completion of all improvements and acceptance by the city, a security or
warranty in a form acceptable to the city engineer must be secured.
6. Development Plan shall be approved by the City Engineer prior to issuance of
building permits.
7. Any item or condition found indicating the site is likely to yield information important
to pre-history or history shall immediately be reported to the city. Further, the city
reserves the right to stop work authorized in its approval until the site is appropriately
investigated and work is authorized.
GRADING PERMIT
GRADING PERMIT (“Permit”) dated October 15, 2018, issued by the CITY OF ELK
RIVER, a Minnesota municipal corporation ("City"), to 121 Monroe LLC., 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 MONROE ESTATES (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. Provide written permission from adjacent property owners for any and all
work completed outside of property owned and controlled by Developer
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.
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 13th day of September, 2018,
prepared by Loucks.
Plan B –Grading Plans dated the dated the 13th day of September, 2018, prepared by
Loucks.
4. Time of Performance. The Developer shall complete the grading and erosion
control in the Plats by December 31, 2018. 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. Security. 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 $48,000. 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, 2018.
9. 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 _______ day of
_______________, 20___, by ________________________________, the _______________ of
_______________________, a Minnesota __________________________, on its behalf.
_____________________________________
Notary Public
Drafted by: City of Elk River
EXHIBIT A
The Southwest Quarter of the Southwest Quarter of Section 1, Township 33, Range 26, Sherburne
County, Minnesota.
EXHIBIT B
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for
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DETAILS
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written
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LANDSCAPE ARCHITECTURE
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LeadDrawn ByChecked ByReview Date
prepared License No.Date C1-0C1-1 - C1-2C1-3 - C1-4C2-1 - C2-2C3-1 - C3-2C3-3 - C3-5C8-1L1-1
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