8.1 SR 08-15-2022Request for Action
To Item Number
Ma Tor and CinT Council 8.1
Agenda Section Meeting Date Prepared by
GeneYal Business August 15, 2022 Chris Leeseberg, SenioY PlanneY
Item Description Reviewed by
Final Plat and Development Agreement: Pullar Zack Carlton, Communit�r Develo ment Director
Prairie Reviewed by
Cal Portner, Ci r Administrator
Action Requested
Adopt, byT motion, a resolution approving the Final Plat of Pullar
Prairie with the following conditions:
1. A Development Agreement must be signed byT the cityT and
developer prior to releasing the final plat for recording.
2. Park dedication be paid for the final number of d�velling units,
at the applicable Yate when the subdivision is released for
recording.
3. A Letter of Credit shall be provided to the cittT in the amount
of 100% of the costs of the public improvements.
4. Upon completion of all improvements and acceptance byT the
cityT, a securit�T or `varrant�T in a form acceptable to the cit�T
engineer must be secured.
5. Development Plan shall be approved by the city engineeY prior
to issuance of building permits.
6. Staff approval of all updated site and engineering plans.
7. AnyT item or condition found that indicates the site is likely to
yTield information important to prehistor�T or histor�T shall be
reported to the cityT immediatelyT. Further, the cityT reserves the
right to stop work authorized in its approval until the site is
appropriatel�T investigated and `vork is authorized.
Approve, by motion, the Development Agreement for Pullar Prairie.
Background/Discussion
Case NumbeY P 22-11
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The CityT Council approved the preliminaryT plat of Pullar Prairie on November 15, 2021. The plat includes 39.54
acres and is located north of Meadowvale Road at the Salem Street alignment (20343 Meadowvale Road). The
proposed plat consists of 141ots and dedicates right-of-way for circulation and access to all the new buildable lots.
Lot 1, Block 1 will contain the e�sting house and the Yemaining lots will be ne�u developable lots, which aYe
eligible foY paYk dedication.
The Elk River Vision
A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional
se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty.
rowEREo ar
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Up�iited.• August 2020
Sound Study
A condition of preliminaryT plat approval was the final plat could not be approved until the documentation
required by State Statute Chapter 87A was reviewed byT cinT staf£ ESI Engineering completed the sound stud�r
and the results showed that noise levels did not exceed the Shooting Range Protection Act allowable level of 63
dBA for residential properties. The loudest hour measured was 61 dBA �vhile the 600-y ard rifle range `vas in use,
�vhich was 2 dBA below the residential requirement.
Counry Road Access
A condition of preliminaryT plat approval required Sherburne CountyT approval of the roadway connection to
County Road 32. The applicant `vorked �uith the countyT to address this condition and received approval of the
drivewayT location after obtaining traffic counts to and from the gun club. The countyT determined that the traffic
counts were negligible and due to the unwillingness of the gun club to work with developer, the countyT will allow
the two access points.
The conditions included foY the approval of the Yesolution foY the Final Plat include a requirement that a
Development Agreement be signed. Staff has drafted the Development Agreement outlining the costs,
responsibilities, and required securit�T in the form of a Letter of Credit and escrow deposits and are seeking Council
approval.
Financial Impact
None
Mission/Policy/Goal
■ OpportunittT to live, �vork, and p1ayT
■ ResponsiblyT gro`v
■ Work with citizens to achieve goals
Attachments
■ Final Plat
■ Sound Stud�T
■ County Email String
■ Resolution No. 22-
■ Developers Agreement
DRAFT— Printed July 18, zozz PULLAR PRAIRIE
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May 27, 2022
Mr. Steve Pullar
20343 Meadowvale Road
Elk River, Minnesota 55330
Subject: Summary Report for
Gun Club Noise Measurements
Elk River Sportsman's Club - Elk River, Minnesota
Dear Mr. Pullar:
We understand you would like to develop your property into a residential development. The
property is located to the west of the Elk River Sportsman's Club (shown in Figure 1). The City
of Elk River is concerned about gun noise from the club and is requiring that you provide a noise
study at the property to evaluate the impact of gun noise on the site and compare the results
to the State of Minnesota Shooting Range Protection Act limits. This letter is a summary of the
noise study results.
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Figure 1- Aerial photo of the gun club and adjacent residential properties.
Strwctures � Vibration � Noise � Monitoring
ES� Engineering Inc. 7831 Glenroy Road Suite 218, Munneapolis, MN 55439
952.831.4645 � esi-engineering.com
Mr. Steve Pullar
Elk River Sportsman's Club Noise Measurements
Noise Code Requirements
May 27, 2022
Page 2
The State of Minnesota passed the Shooting Range Protection Act in May 2005, which is
currently in Minnesota Statues, Chapter 87A Shooting Ranges. The intent of the act is "to
provide shooting ranges with the ability to maintain their operating capacity, if loca/ opposition
to an existing shooting range facility arises." Section 87A.05 Noise Standards describes the
allowable noise levels for the operation of a shooting range. It states that "allowable noise
levels for the operation of a shooting range are the levels determined by rep/acing the steady
state noise L 10' and L502 state standards for each period of time within each noise area's
c/assification with a single Leq(h) standard for impulsive noise that is two d8A lower than that of
the L 10 level for steady state noise. The noise level shall be measured outside of the range
property at the location of the receiver's activity according to Minnesota Rules, parts 7030.0010
to 7030.0080...Leq(h) means the energy level that is equivalent to a steady state level that
contains the same amount ofsound energy as the time varying sound leve/ for a 60-minute time
period. "
Section 87A.04 Mitigation Area describes "a change in use, new development, or construction
of a structure subject to this section may be approved if the person seeking the approva/ or, at
the discretion of the governing body, the approving authority agrees to provide any mitigation
required to keep the range in compliance with this chapter. The person requesting an approval
subject to this section is responsib/e for the mitigation if the failure to provide the documentation
or required mitigation is the sole basis for the range being out of compliance with the shooting
range performance standards... With the permission of the range operator, any mitigation
required under this section may be provided on the range property."
To help clarify the above language, we have included references and explanations below. First,
Minnesota Rule 7030: Noise Pollution, prepared by the Minnesota Pollution Control Agency
(MPCA), has requirements for maximum allowable sound levels by receiving land use evaluated
at the point of the nearest receiver. Table 1 shows the Rule 7030 L10 and L50 noise limits per
noise area classification (NAC). NAC 1 is residential and recreational land use, NAC 2 is
commercial, and NAC 3 is industrial.
Table 1- MPCA Noise Requirements
Noise Area Receiver Daytime (7AM - 10PM) Nighttime (10PM - 7AM)
Classification Type L10 L50 L10 L50
1 Residential 65 dBA 60 dBA 55 dBA 50 dBA
2 Commercial 70 dBA 65 dBA 70 dBA 65 dBA
3 Industrial 80 dBA 75 dBA 80 dBA 75 dBA
' L10 is the sound level that is exceeded 10% of the time during a measurement period.
z L50 is the sound level that is exceeded 50% of the time during a measurement period.
Mr. Steve Pullar May 27, 2022
Elk River Sportsman's Club Noise Measurements Page 3
The maximum allowable noise level is defined in the Shooting Range Protection Act as being an
Leq(h) level (an hourly Leq3) that is the MPCA L10 level minus 2 dBA. In the case of this
development, since the shooting range is only in use during the daytime hours, the MPCA
daytime L10 level is 65 dBA for residential receivers. Therefore, the maximum hourly shooting
range allowable hourly noise level is 63 dBA for residential properties.
If it is determined that any hourly level during the noise monitoring (while the gun club is in
use) exceeds the requirements, the statute states that mitigation needs to be provided.
Mitigation options usually include physical barriers (like berms, walls, fences, or buildings to
block line of sight and reduce noise) and increased distance from the noise source.
Outdoor Noise Monitoring Results
Through discussions with you (about your conversations with the City of Elk River), it was
determined that two site visits would be performed, to measure noise during two heavy-use gun
shooting periods: one measurement period for noise from the trap shooting area and the other
for noise from the 600-yard rifle range. These shooting areas are shown in Figure 2 below,
along with the noise measurement locations.
Mr. Andrew Schmitt of ESI Engineering visited the property during the following times to
measure the gun noise while actively monitoring the noise occurring, noting the sources, taking
weather data, and making other general observations:
• Monday, May 16t", 2022, from 3:30 PM to 7:OOPM to measure noise from the 600-yard
rifle range (measurement location #1 on Figure 2; photo of ineasurement setup shown
in Figure 3)
• Wednesday, May 18t", 2022, from 1 1:30 AM to 2:OOPM to measure noise from the trap
shooting area (measurement location #2 on Figure 2; photo of ineasurement setup
shown in Figure 4)
The measurement locations at the residential development were chosen because they were
nearest the rifle range and trap area. The noise measurement system collected sound data
continuously for at least 2 hours at each location while guns were being fired. The noise
measurement data from the 600-yard range period is provided in Attachment A and the data
from the trap shooting period is provided in Attachment B. Noise equipment calibration records
are included in Attachment C.
3 Leq is the equivalent continuous sound level, which is defined as the steady sound pressure level which, over a given period of
time, has the same total energy as the actual fluctuating noise. Leq is the preferred method to describe sound levels that vary
over time, resulting in a single decibel value.
Mr. Steve Pullar
Elk River Sportsman's Club Noise Measurements
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May 27, 2022
Page 4
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Figure 2- Aerial photo showing the proposed residential properties, the noise
measurement locations, and the shooting areas at the Elk River Sportsman's Club.
Mr. Steve Pullar
Elk River Sportsman's Club Noise Measurements
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May 27, 2022
Page 5
Figure 3- Monitoring equipment at Location 1 looking east towards the 600-yard range.
Figure 4- Monitoring equipment at Location 2 looking southeast towards the trap area.
Mr. Steve Pullar May 27, 2022
Elk River Sportsman's Club Noise Measurements Page 6
Table 2 summarizes the hourly Leq(h) measurement results from both monitoring periods, the
noise level requirement, and the weather data. The loudest hourly level measured at the
proposed development properties was from 6 PM to 7 PM on May 16t" during an active firing
period of loud rifles at the 600-yard range. This hourly level was an Leq(h) of 61 d6A, which is
2 dBA below the protection act limit for residential receivers.
The ambient noise level at the sites was low at 43 dBA. Traffic noise from Meadowvale Road
NW to the south and Elk Lake Road NW to the east was noticeable at times but not considered
excessive. In our opinion, traffic and other sources did not significantly affect levels when the
rifle range was in use. There was some low to moderate wind speed during the monitoring
periods, although this did not negatively affect the measurements. Wind speeds were
determined on-site using a handheld wind meter and by referring to nearby weather station
reports.
Table 2— Hourly Monitoring Levels Compared to Statute Requirement
Measurement Protection Act
Results, dBA Limit Trap Club Weather Conditions
Date Hour Leq(h) L10 - 2 dBA Conditions Temp Wind Precip
4:00 PM 43 dBA Ambient (a few guns)
Monday, 5:00 PM 45 dBA Range in use 68 - 73 °F 1- 11 mph N/A
May 16, 2022
63 d BA
6:00 PM 61 dBA (Residential) Range in use, very
loud guns
9:00 AM 43 dBA Trap area in use
Wednesday,
May 18, 2022 69 - 74 °F 2-11 mph N/A
4:00 PM 44 dBA Trap area in use
Mr. Steve Pullar
Elk River Sportsman's Club Noise Measurements
Conclusions
May 27, 2022
Page 7
ESI was asked by you to perform noise monitoring at the proposed residential development
west of Elk River Sportsman's Club in Elk River, Minnesota, to determine if the Shooting Range
Protection Act requirements will be exceeded.
At two different property line locations near the shooting areas during periods when the club
was in use, the measurement results showed that noise levels did not exceed the Shooting
Range Protection Act allowable level of 63 dBA for residential properties. The loudest hour
measured was 61 dBA while the 600-yard rifle range was in use, which was 2 dBA below the
residential requirement.
We appreciate the opportunity to work with you on this project and remain available to assist
in the resolution of these and any other matters. Please let us know if you have any questions
or need more information.
Sincerely,
Andrew A.J. Schmitt
Consulting Engineer
ESI Engineering, Inc.
. p��
Anthony J. Baxter, P.E.
Principal
ESI Engineering, Inc.
Attachments
Flle: P2846 Mr. Steve Pullar - Summary Report for Elk River Sportsman's Club Noise Measurements, May 27, 2022 ver 1
Attachment A
Noise Measurement Data
600-Yard Rifle Range - May 16, 2022
������� esi engin�ering Acoustic Test Results
Project No: P2846 Analyzer: Larson Davis 831 s/n 3553
Project: Mr. Steve Pullar - Elk River Sportsman's Club Preamplifier: Larson Davis PRM831 s/n 029391
Location: Elk River, Minnesota Microphone: Larson Davis 377C20 s/n 315625
Engineer: A.A.J. Schmitt Calibrator: Larson Davis CAL200 s/n 18322
Last Calibrated: February 11, 2022
Location: NE Corner Near Long Range Shooting Area Meteorology: Temperature: 68 - 73 °F
Date: 5/16/2022 Wind Speed / Dir.: 1- 11 MPH / NW
Start Time: 3:47:39 PM Humidity: 30 - 34%
End Time: 7:01:34 PM Calibration Check: Calibration Frequency: 1 kHz
Run Time: 11635.0 seconds Initial Calibration: 94.0 dB
Final Calibration: 93.9 dB
Measurements: One Second and Hourly Ambient Noise Levels Last Cal. Check: 5/16/22 @ 7:03 PM
A-Weighted Results
22051600.LD0 - LAF
22051600.LD0 - LAeq
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Noise Monitoring
Measured Hourly LAeq Data
Time LAeq
4:00:00 PM 43 dBA
5:00:00 PM 45 dBA
6:00:00 PM 61 dBA
Figure A1
Attachment B
Noise Measurement Data
Trap Area - May 18, 2022
������� esi e ng i n�eri ng
Acoustic Test Results
Project No: P2846 Analyzer: Larson Davis 831 s/n 3553
Project: Mr. Steve Pullar - Elk River Sportsman's Club Preamplifier: Larson Davis PRM831 s/n 029391
Location: Elk River, Minnesota Microphone: Larson Davis 377C20 s/n 315625
Engineer: A.A.J. Schmitt Calibrator: Larson Davis CAL200 s/n 18322
Last Calibrated: February 11, 2022
Location: Near Curve on Club Road, East Side of Site Meteorology: Temperature: 69 - 74 °F
Date: 5/18/2022 Wind Speed / Dir.: 2- 11 MPH / N
Start Time: 11:43:01 AM Humidity: 53 - 69%
End Time: 2:10:05 PM Calibration Check: Calibration Frequency: 1 kHz
Run Time: 8824.0 seconds Initial Calibration: 94.0 dB
Final Calibration: 94.0 dB
Measurements: One Second and Hourly Ambient Noise Levels Last Cal. Check: 5/18/22 @ 2:10 PM
A-Weighted Results
22051800.LD0 - LAF
22051800.LD0 - LAeq
m
�
0
a
�
m
�
m
�
y
m
i
a
�
0
�
90
2:00:00 PM
� � � 35.5 dBA
�B � � � � 42.3 dBA
80 II I I I I
70 II I I I I
60 I
50 I
40
30
20 II
12:OO:PM 12:30:PM 1:OO:PM 1:30:PM 2:00
Time, h.m.s AM/PM
Noise Monitoring
Measured Hourly LAeq Data
Time LAeq
12:00:00 PM 43 dBA
1:00:00 PM 44 dBA
PM
Figure A1
Attachment C
Noise Equipment Calibration Data
Calibration
Certificate Number 2022001763
Customer:
ESI Engineering Inc
Suite 218
7831 Glenroy Road
Minneapolis, MN 55439, United States
Model Number 831
Serial Number 0003553
Test Results Pass
Certificate
Initial Condition AS RECEIVED same as shipped
Description Larson Davis Model 831
Class 1 Sound Level Meter
Firmware Revision: 2.403
Evaluation Method Tested with:
Larson Davis PRM831. S/N 029391
Larson Davis CAL200. S/N 9079
Larson Davis CAL291. S/N 0108
PCB 377C20. S/N 315625
Procedure Num6er
Technician
Calibration Date
Calibration Due
Temperature
Humidity
Stafic Pressure
D0001.8384
Jacob Cannon
11 Feb 2022
11 Feb 2023
23.34 °C ± 0.25 °C
51.9 %RH ± 2.0 %RH
86.69 kPa ± 0.13 kPa
Data reported in d8 re 20 NPa.
Compliance Standards Compliant to Manufacturer Specifications and the following standards when combined with
Calibration Certificate from procedure D0001.8378:
IEC 60651:2001 Type 1
IEC 60804:2000 Type 1
IEC 61252:2002
IEC 61260:2001 Class 1
IEC 61672:2013 Class 1
ANSI S1.4-2014 Class 1
ANSI S1.4 (R2006) Type 1
ANSI S1.11 (R2009) Class 1
ANSI S1.25 (R2007)
ANSI S1.43 (R2007) Type 1
Issuing lab certifies that the instrument described above meets or exceeds all specifications as stated in the referenced procedure
(unless otherwise noted). It has been calibrated using measurement standards traceable to the International System of Units (SI)
through the National Institute of Standards and Technology (NIST), or other national measurement institutes, and meets the
requirements of ISO/IEC 17025:2017.
Test points marked with a$ in the uncertainties column do not fall within this laboratory's scope of accreditation.
The quality system is registered to ISO 9001:2015.
This calibration is a direct comparison of the unit under test to the listed reference standards and did not involve any sampling plans to
complete. No allowance has been made for the instability of the test device due to use, time, etc. Such allowances would be made by
the customer as needed.
The uncertainties were computed in accordance with the ISO Guide to the Expression of Uncertainty in Measurement (GUM). A
coverage factor of approximately 2 sigma (k=2) has been applied to the standard uncertainty to express the expanded uncertainty at
approximately 95% confidence level.
This report may not be reproduced, except in full, unless permission for the publication of an approved abstract is obtained in writing
from the organization issuing this report.
Correction data from Larson Davis Model 831 Sound Level Meter Manual, 1831.01 Rev O, 2016-09-19
For 1/4" microphones, the Larson Davis ADP024 1/4" to 1/2" adaptor is used with the calibrators and the Larson Davis ADP043 1/4" to
LARSON DAVIS - APCB PIEZOTRONICS DIV. ,,,,,�,,,,,,
.� � ,;
1681 West 820 North ' �i %
Provo, UT 84601, United States ,� �► LARSON DAVIS
%IE)-E>H4-OOOI ��i�n �; ACCREDITED. A i�O�� I)�\�15�(_)n
����/��I������� Cert.x3622.01
2022-2-I1T09:43:30 Page 1 of 3 D0001.8406 Rev F
Certificate Number 2022001763
1/2" adaptor is used with the preamplifier.
Calibration Check Frequency: 1000 Hz; Reference Sound Pressure Level: 114 d6 re 20 NPa; Reference Range: 0 dB gain
Periodic tests were performed in accordance with precedures from IEC 61672-3:2013 / ANSI/ASA S1.4-2014/Part3.
Pattern approval for IEC 61672-1:2013 / ANSI/ASA S1.4-2014/Part 1 successfully completed by Physikalisch-Technische Bundesanstalt
(PTB) on 2016-02-24 certificate number DE-15-M-PTB-0056.
The sound level meter submitted for testing successfully completed the periodic tests of IEC 61672-3:2013 / ANSI/ASA S1.4-2014/Part
3, for the environmental conditions under which the tests were performed. As evidence was publicly available, from an independent
testing organization responsible for approving the results of pattern-evaluation tests performed in accordance with IEC 61672-2:2013 /
ANSI/ASA S1.4-2014/Part 2, to demonstrate that the model of sound level meter fully conformed to the class 1 specifications in IEC
61672-1:2013 / ANSI/ASA S1.4-2014/Part 1; the sound level meter submitted for testing conforms to the class 1specifications in IEC
61672-1:2013 / ANSI/ASA S1.4-2014/Part 1.
Description
Larson Davis CAL291 Residual Intensity Calibrator
Hart Scientific 2626-H Temperature Probe
Larson Davis CAL200 Acoustic Calibratar
Larson Davis Model 831
PCB 377A13 1/2 inch Prepolarized Pressure Microphone
SRS DS360 Ultra Low Distortion Generator
Larson Davis 1/2" Preamplifier for Model 831 Type 1
Standards Used
Cal Date
2021-09-10
2021-02-04
2021-07-21
2021-03-02
2021-03-03
2021-04-13
2021-09-28
Cal Due
2022-09-10
2022-08-04
2022-07-21
2022-03-02
2022-03-03
2022-04-13
2022-09-28
Acoustic Calibration
Measured according to IEC 61672-3:2013 10 and ANSI S1.4-2014 Part 3: 10
Measurement
1000 Hz
Adjusted Level: 114.00
As Received Level: 114.24
114.00
Lower Limit [dB]
113.80
-- End of ineasurement results--
114.20
Loaded Circuit Sensitivity
Measurement Test Result Lower Limit Upper Limit
[dB re 1 V/ Pa] [dB re 1 V/ Pa] [dB re 1 V/ Pa]
1000 Hz -26.16 -27.82 -24.69
-- End of ineasurement results--
LARSON DAVIS - A PCB PIEZOTRONICS DIV.
1681 West 820 North
Provo, UT 84601, United States
716-684-0001
Test Result [dB]
\,,,��,,,,,,,,
.. � ,;
�
�,,
��, �j�\ �r ACCREDITED�
'',���i^�,�' Cen.=36220t
Cal Standard
001250
006767
007027
007182
007185
007635
PCB0004783
Upper Limit [dB]
Expanded
Uncertainty [dB]
0.14
Expanded
Uncertainty [dB]
0.14
Result
Pass
Result
Pass
�LARSON DAVIS
�.� �.�i: �;
2022-2-11T09:43:30 Page 2 of 3
D0001.8406 Rev F
Certificate Number 2022001763
Acoustic Signal Tests, C-weighting
Measured according to IEC 61672-3:2013 12 and ANSI S1.4-2014 Part 3: 12 using a comparison coupler with Unit Under Test
(UUT) and reference SLM using slow time-weighted sound level for compliance to IEC 61672-1:2013 5.5; ANSI S1.4-2014 Part
1: 5.5
Frequency [Hz] Test Result [dB]
125 -0.16
1000 0.03
8000 -2.65
Expected [dB] Lower Limit [dB] Upper Limit [dB)
-0.20 -1.20 0.80
0.00 -0.70 0.70
-3.00 -5.50 -1.50
Expanded
Uncertainty [dB]
0.23
0.23
0.32
Result
-- End of ineasurement results--
Self-generated Noise
Measured according to IEC 61672-3:2013 11.1 and ANSI S1.4-2014 Part 3: 11.1
Measurement Test Result [dB]
A-weighted, 20 d6 gain 40.60
-- End of ineasurement results--
-- Eud of Report--
Signatory: .�a.!'.0�, �;'p,yi,�.4yt
LARSON DAVIS - A PCB PIEZOTRONICS DIV.
1681 West 820 North
Provo, UT 84601, United States
716-684-0001
2022-2-11 T09:43.30
,�,,,,,, �,,,,,,
�� �
'�i ^���` ACCREDITED
��'���������� Cert :362201
Page 3 of 3
Pass
Pass
Pass
� LARSON DAVIS
` �iit,i: �,� :
D0001.8406 Rev F
Calibration Certificate
Certificate Number 2021011961
Customer:
�SI �ngineering Inc
Suite 218
7831 Glenroy Road
A�Iinncapolis,vIN 55439,United States
Model Number CAL200
Serial Number 18322
Test Resu/ts Pass
Initial Condition AS RECEIVED same as shipped
Description Larson Davis CAL200 Acoustic Calibrator
Evaluafion Method
Compliance Standards
Procedure Number
Technician
Calibration Date
Calibration Due
Temperature
Humidity
Static Pressure
D0001.8386
Scott Montgomery
24 Sep 2021
24 Sep 2022
25 °C ± 0.3 °C
31 %RH ± 3 %RH
101.2 kPa ± 1 kPa
The data is aquired by the insert voltage calibration method using the reference microphone's
open circuit sensitivity. Data reported in dB re 20 uPa.
Compliant to Manufacturer Specifications per D0001.8190 and the following standards:
IEC 60942:2017 ANSI S1.40-2006
Issuing lab certifies that the instrument described above meets or exceeds all specifications as stated in the referenced procedure
(unless otherwise noted). It has been calibrated using measurement standards traceable to the SI through the National Institute of
Standards and Technology (NIST), or other national measurement institutes, and meets the requirements of ISO/IEC 17025:2017.
Test points marked with a$ in the uncertainties column do not fall within this laboratory's scope of accreditation.
The quality system is registered to ISO 9001:2015.
This calibration is a direct comparison of the unit under test to the listed reference standards and did not involve any sampling plans to
complete. No allowance has been made for the instability of the test device due to use, time, etc. Such allowances would be made by
the customer as needed.
The uncertainties were computed in accordance with the ISO Guide to the Expression of Uncertainty in Measurement (GUM). A
coverage factor of approximately 2 sigma (k=2) has been applied to the standard uncertainty to express the expanded uncertainty at
approximately 95% confidence level.
This report may not be reproduced, except in full, unless permission for the publication of an approved abstract is obtained in writing from
the organization issuing this report.
Description
Larson Davis Model 2900 Real Time Analyzer
Agilent 34401A DMM
Microphone Calibration System
1/2" Preamplifier
Larson Davis 1/2" Preamplifier 7-pin LEMO
1/2 inch Microphone - RI - 200V
Hart Scientific 2626-H Temperatwe Probe
Pressure Transducer
LARSON DAVIS - A PCB PIEZOTRONICS DIV
1681 West 820 North
Provo,UT 84601,United States
716-684-0001
Standards L3sed
Cal Date
04/O 1 /2021
03/02/2021
02/24/2021
08/26/2021
08/09/2021
09/23/2021
02/04/2021
06/28/2021
Cal Due
04/01 /2022
03/02/2022
02/2d/2022
08/26/2022
08/09/2022
09/23/2022
08/04/2022
06/28/2022
�'`�`.%%'>.
:
.
.� ,�= :-:
���---.� ,�:
%i i� , �: 'ACCREDITED;
�'�rh�l�,n�` CP.n. � ^2P.L1 _
Cal Standard
001051
002588
00544G
006506
006507
006511
006767
007310
%�''�) � � I , /
, � ,�: �
9/24/2021 3:01:57PM Page 1 of 3 D0001.8410 Rev C
Nominal Level Pressurc
�dB� IIcPa]
114 101.3
94 101.2
Nominal Level Pressure
[dB] [1rPa]
114 101.3
94 101.2
Noroinal Le��el Pressui•e
�dB] (IcPa]
114 101.3
94 101.2
Tested at: 114 dB, 25 °C, 31 %RH
Nominal Pressurc Pressw•e
�I:Pa] IIcPa]
108.0 108.0
101.3 101.3
92.0 92.0
83.0 83.1
74.0 74.0
65.0 65.1
Tested at: 114 dB, 25 °C, 31 %RH
Nominal Pressure Pressw•e
��tra� �i:Pa�
108.0 108.0
101.3 101.3
92.0 92.0
83.0 83.1
74.0 74.0
65.0 65.1
Certificate Number 2021011961
Output Level
Test Result Lower limit Upper limit Espanded Uncertainty
�cIBJ [dB] [dB] [dB�
114.01 113.80 114.20 0.14
94.02 93.80 94.20 0.14
-- End of ineasurement results--
Frequency
Test Result Lower limit Upper liuiit �xpanded Uncertainty
[Hz� [Hz] [Hzj [Hz]
1,000.00 990.00 1,010.00 0.20
1, 000.01 990.00 1, 010.00 0.20
-- End of ineasurement results--
Total Harmonic Distortion + Noise (THD+N)
Test Result Lo�ver limit Uppe►• limit �xpanded Uvccrtaint}�
�°��� �%� [°�o� �%�
0.38 0.00 2.00 0.25 $
0.42 0.00 2.00 0.25 $
-- �nd of ineasuremcnt results--
Level Change Over Pressure
Test Result Lower limit Upper limit
�dI3� [dB] �dB]
_0.03 -0.30 0.30
0.00 -0.30 0.30
0.03 -0.30 0.30
0.03 -0.30 0.30
0.00 -0.30 0.30
-0.05 -0.30 0.30
-- �nd of ineasurement results--
Frequency Change Over Pressure
Test Result
[Hz]
0.01
0.00
0.00
0.00
0.00
-0.01
LARSON DAVIS - A PCB PIEZOTRONICS DIV
1681 West 820 North
Provo,UT 84601,United States
716-68d-0001
�izaao2i s:ois�P�i
Lower limit Upper limit
(Hz] �Iiz]
-10.00 10.00
-10.00 10.00
-10.00 10.00
-10.00 10.00
-10.00 10.00
-10.00 10.00
-- �nd of ineasurement results--
�;,��
:� ��_�,,:
,,� �`.��, �. �ACCflEC)ITBD'
-,:�:,i�,��.,,� c„r >_�zzs::
Page 2 of 3
Espanded Uncertaint,y
��A)
0.04 $
0.04 $
0.04 $
0.04 $
0.04 $
0.04 $
�xpanded Uncertainiy
[Hz]
0.20 $
0.20 $
0.20 $
0.20 $
0.20 $
0.20 $
Result
Pass
Pass
Result
Pass
Pass
Result
Pass
Pass
Rcsult
Pass
Pass
Pass
Pass
Pass
Pass
Result
Pass
Pass
Pass
Pass
Pass
Pass
�LARSONDAVIS
A ��� �f�Zt�3�R��li�� Ciltl.
D000 L8a 10 Rev C
Certificate Number 2021011961
Total Harmonic Distortion + Noise (THD+N) Over Pressure
Tested at: 114 dB, 25 °C, 31 %RH
Nominal Pressin•e Pressure
[kPaj [kPa]
108.0 108.0
101.3 101.3
92.0 92.0
83.0 83.1
74.0 74.0
65.0 65.1
Test Result
[%]
0. 38
0.39
0.39
0.40
0.43
0.45
Lo�ti�er limit Upper limit
[%] [%]
0.00 2.00
0.00 2.00
0.00 2.00
0.00 2.00
0.00 2.00
0.00 2.00
-- �nd of ineasurement results--
�spanded IlncertAinty
[%�
0.25 $
0.25 $
0.25 $
0.25 $
0.25 $
0.25 $
Rcsult
Pass
Pass
Pass
Pass
Pass
Pass
Signatory: SGpfi` �Lfp�y�,�qpyH,P�f-u
LARSON DAVIS - A PCB PIEZOTRONICS DIV. "�'���-. �- �LAR50N DAV15
,.,. �_ ; ,.
1681 West 820 North ��,� � �%Y
,_�
Provo,UT 84601,United States � �
716-684-0001 `; r� `� `'ACCRE�ITEDj A P�� �IEZ����RIICS DtV.
l.�l ,� Lert. a352Z01
9/24/2021 3:01:57PNI Page 3 of 3 Do001.8410 Re�� C
From: David Roedel
To: Leesebera. Chris; Todd Olin
Cc: -
Subject: RE: Request for RTL Evaluation, Pullar Prairie Plat, Elk River
Date: Thursday, December 16, 2021 2:29:36 PM
Attachments: imaae001.nna
imaae002.ina
imaae003.nna
imaae004.nna
imaae005.nna
imaae006.nna
imaae007.nna
imaae008.nna
imaae009.nna
imaae010.nna
That is correct. Although access spacing is not met, 30 trips per day, which probably do not coincide
with the peak hour of these properties as part of the development may not interact do not pose a
traffic issue to us.
Also as mentioned, if they had been able to work this out with the gun club, our preference would
typically be to require a single access. Denying development of this property due to the
unwillingness of the gun club to work with developer is our basis of approval.
The County approval does not preclude other City requirements being met for final approval.
A right turn lane will be required of the length as calculated and provided by Todd in this original
subject email.
David A. Roedel, P.E.
Assistant Public Works Director / Deputy County Engineer
Work: (763) 765-3352
❑� www.co.sherburne.mn.us
www.facebook.com/SherburneCountyMN
NOTICE: Unless restricted by law, email correspondence to and from
Sherburne County government offices may be public data subject to the
Minnesota Data Practices Act and/or may be disclosed to third parties.
From: Leeseberg, Chris <CLeeseberg@ElkRiverMN.gov>
Sent: Thursday, December 16, 2021 2:23 PM
To: Todd Olin <TOlin@landform.net>; David Roedel <David.Roedel@co.sherburne.mn.us>
Cc: Steve Pullar
Subject: RE: Request for RTL Evaluation, Pullar Prairie Plat, Elk River
All,
So I am understanding this correctlyT, the count�T will be ok `vith the preliminaryT plat as the city-
council sa`v and approved? This includes the t�vo access points, one for the plat and one for the
gun club?
Thank yTou
Chris Leeseberg
City of Elk River — Senior Planner
13065 Orono Parkway, Elk River, MN 55330
763.635.1033 Ell�Ri�rerMN.go�r
From: Todd Olin <TOlinna landform.net>
Sent: Thursday, December 16, 2021 2:20 PM
To: David Roedel <David.Roedelna co.sherburne.mn.us>; Leeseberg, Chris
<CLeeseber�C�ElkRiverMN.�ov>
Cc: Steve Pullar
Subject: RE: Request for RTL Evaluation, Pullar Prairie Plat, Elk River
Chris,
Thank you Dave, we will work with Chris at the City to define the best path forward and keep you in
the loop. Based on this email, we will likely move toward the right-turn lane design and sections and
send it ahead for you review.
Thank you again.
Todd Olin
LANDFORM, Studio Lead
Direct: 612-638-0265
From: David Roedel <David.Roedelna co.sherburne.mn.us>
Sent: Thursday, December 16, 2021 2:17 PM
To: Todd Olin <TOlin anlandform.net>; Leeseberg, Chris <cleeseber�na elkrivermn.�ov>
Cc: Steve Pullar
Subject: RE: Request for RTL Evaluation, Pullar Prairie Plat, Elk River
Todd, we had a chanced to review the daily traffic counts provided in a previous email.
It appears that the average is 25-30 trips a day.
With those numbers, we approve the plat.
We certainly would like the gun club to work with you to consolidate the entrance, but with the
equivalent of 3 houses with the number of trips you collected, this does not pose a significant
concern to the County that we would deny the plat based on our access spacing requirements, in
this condition.
Let me know if you have any additional questions, Todd or Chris.
Thank you.
David A. Roedel, P.E.
Assistant Public Works Director / Deputy County Engineer
Work: (763) 765-3352
[� www.co.sherburne.mn.us
www.facebook.com/SherburneCountyMN
NOTICE: Unless restricted by law, email correspondence to and from
Sherburne County government offices may be public data subject to the
Minnesota Data Practices Act and/or may be disclosed to third parties.
From: Todd Olin <TOlinna landform.net>
Sent: Monday, December 13, 2021 2:36 PM
To: David Roedel <David.Roedelna co.sherburne.mn.us>; Leeseberg, Chris
<cleeseber��elkrivermn.�ov>
Cc: Steve Pullar
Subject: FW: Request for RTL Evaluation, Pullar Prairie Plat, Elk River
David,
I received this summary from our traffic engineer, Vern Swing, and am forwarding it for your
review/records. This reflects the information included in the email we forwarded last week
regarding Vern's evaluation of the right-turn Lane on CR 32.
Todd Olin
LANDFORM, Studio Lead
Direct: 612-638-0265
From: Vernon Swing <vswin�trafficna �mail.com>
Sent: Friday, December 10, 2021 11:26 AM
To: Todd Olin <TOlinna landform.net>
Subject: Re: Request for RTL Evaluation, Pullar Prairie Plat, Elk River
Hi Todd,
Sorry this slipped through the cracks this week - hopefully its still in time.
Vern
On Sun, Dec 5, 2021 at 7:28 PM Todd Olin <TOlin�landform.net> wrote:
City of
Elk -�-�
RiVer
City of Elk River
City Council
Resolution 22-
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Pullar Prairie, Case No. P 22- I I
WHEREAS, application has been made for final plat approval, pursuant to Section 30-374
of the Elk RiveY City Code of OYdinances, of the pYopeYt�r legally described on attached
Exhibit A and hereinafter referred to as "the PropertyT"; and
WHEREAS, a preliminar�T plat of the PropertyT was approved by the Cit�T Council on
November 15, 2021; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as approved byT
the CityT Council; and
WHEREAS, in October, 2015 the CityT commissioned a park dedication studyT prepared byT
HKGi Consulting to determine the impacts of development on the CityT's park s�Tstem. This
study `vas supplemented `vith an Appraisal stud�T prepared b�T Patchin Messner Valuation
Consultants in April 2016. The Cit�T's Park dedication ordinance `vas subsequentlyT amended,
in Ju1�T 2016, to reflect the findings of these studies and to incorporate park dedication fee
requirements that reflect the impacts of various t�Tpes of development on the need for the
acquisition, development and improvement of park land. The proposed development is a
residential development which will create park land acquisition, development and
improvement needs proportionate to the park dedication fee set byT the park dedication
ordinance; and
WHEREAS, the proposed final plat complies with each of the conditions set forth b�T the
Cit�T Council in its approval of the preliminar�T plat of the Propert�T;
NOW, THEREFORE, BE IT RESOLVED b�T the CityT Council of the CityT of Elk
River, Minnesota, as follows:
r�. The proposed subdivision is consistent `vith the Chapter of 30 of the City
Code of Ordinances and conforms with all of its requirements.
B. The proposed subdivision is consistent `vith all applicable general and
specialized city, count�r, and regional plans including, but not limited to, the
City's Comprehensive Plan.
C. The phyTsical characteristics of the site, including, but not limited to,
topographyT, soils, vegetation, susceptibility to erosion and siltation,
rowEREo er
���V��
susceptibilityT to flooding, and drainage are suitable for the tyTpe and densityT
of development and uses contemplated.
D. The proposed subdivision makes adequate provision for water supplyT, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed subdivision `vill not cause substantial environmental
damage.
F. The proposed subdivision �vill not conflict with easements of record or �vith
easements established byr judgment of a court.
G. The pYoposed subdivision will not have an undue oY adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is heYeby gYanted foY the PYopeYty, subject to the conditions set
forth in attached Exhibit B.
The officeYs of the City aYe heYeby authorized, once the conditions set foYth in
Exhibit B are met and complied with, to sign the final plat for the PropertyT and to
issue a ceYtified copy of this Resolution giving final appYoval of the plat.
4. The o`vner of the Property is authorized to record the final plat as required byT law
and shall file proof of said recording ��ith the CityT. No building permits will be
issued for the PropertyT until the final plat is recorded.
This final plat approval shall expire t�vo yTears from the date of this resolution if the
final plat is not YecoYded within that time.
Passed and adopted this 15`i' day of August 2022.
John J. Dietz, Mayor
ATTEST:
Tina Allard, CityT Clerk
rowEREo er
���V��
EXHIBIT A
LEGAL DESCRIPTION
The North`vest Quarter of the Northeast Quarter of Section 18, Township 33, Range 26,
EXCEPT the South 2 Yods lyring East of Countyr State Aid Road No. 32, formerly known as
CountyT State Aid Road No. 1, Sherburne County Minnesota.
rowEREo er
���V��
EXHIBIT B
CONDITIONS OF APPROVAL
1. A Development Agreement must be signed byT the cityT and developer prior to
Yeleasing the final plat foY YecoYding.
2. Park dedication be paid for the final number of dwelling units, at the applicable rate
when the subdivision is released for recording.
3. A LetteY of Credit shall be provided to the cit�r in the amount of 100% of the costs
of the public improvements.
4. Upon completion of all improvements and acceptance byT the cityT, a securityT or
`varrant�r in a form acceptable to the cityT engineer must be secured.
5. Development Plan shall be approved by the cityr engineeY prior to issuance of
building permits.
Staff approval of all updated site and engineering plans.
AnyT item or condition found that indicates the site is likelyT to yTield information
important to prehistoryT or historyT shall be reported to the cityT immediately. Further,
the cityr reserves the right to stop woYk authorized in its approval until the site is
appropriatelyT investigated and `vork is authorized.
PONEREO er
������
Development Agreement
Pullar Prairie
Final Plat approved by the Elk River City Council
August 15, 2022
Development Agreement
August 15, 2022
Table of Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
`�Jarranty of Developer ....................................................................................................................................... 1
PhasedDevelopment .......................................................................................................................................... 1
Rightto Proceed .................................................................................................................................................. 2
DevelopmentPlans .............................................................................................................................................. 2
Improvements...................................................................................................................................................... 2
AdditionalRegulato�' APProvals ...................................................................................................................... 3
Installationof Improvements ............................................................................................................................ 4
CityInstalled Improvements .............................................................................................................................. 5
Securit�- for Developer's Performanc ............................................................................................................... 6
Responsibilityfor Costst ..................................................................................................................................... 7
General Provisions Binding Effect ................................................................................................................... 8
ParkDedication .................................................................................................................................................... 9
De�=elopment Plan ............................................................................................................................................... 9
Landscaping.......................................................................................................................................................... 9
Surface and Groundwater Management ........................................................................................................... 9
Default .................................................................................................................................................................11
Issuance of Building and Occupance Permits ............................................................................................... 11
ModelHomes ..................................................................................................................................................... 12
1�1i s c ellan eou s ...................................................................................................................................................... 12
Notices................................................................................................................................................................. 13
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
Resolution No. 22-_
Legal Description
Final Plat
Cost Estimate Form
Development Plan Checklist
Purposely Left Blank
Consent of Mortgagee
Summary of Payments Due
DEVELOPMENT AGREEMENT
FOR
Pullar Prairie
THIS AGREEMENT (the Agreement), made and entered into this ��-15�i� day of�e�u ust-_2022,
by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of
Minnesota (the City), and Steve and Tammy Pullar (the Developer).
WITNESSETH:
��1HEREAS, the De�=eloper has made application to the City for approval of a final plat of land within
the City described on Exhibit A attached hereto (the Subdivision); and
WHEREAS, the Cit�r Council adopted Resolution No. 22-XX on August 15 2022, (attached as
Exhibit A hereto) granting final plat approval to the Subdivision, subject to several conditions, including a
condition that De�=eloper enter into an agreement with the City governing the provision of certain utilities,
services and facilities to the Subdivision and the transfer of certain land interests and payments to the City, so
as to fully comply with the Subdivision Ordinance;
NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions
hereinafter contained, it is hereby agreed as follows:
1. Warrant� of Develo�er. Developer hereby warrants and represents to the Cit��, as inducement to the
Cit�-'s entering into this Agreement, that Developer is owner of certain real propert�- legally described in
EXHIBIT B attached hereto consisting of 39.54 acres of unimpro�=ed land located in the City of E1k River,
Sherburne County, Minnesota. The Developer intends to improve and develop such property for single family
residential uses, to be l�nown as Pullar Prairie (the Development). A copy of the final plat is attached as
EXHIBIT C.
2. Phased Develo�ment.
(01) Preliminar�- Plat Status. If the Development is a phase of a multi-phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval. This two-year period
may be extended by the City.
(02) Park Dedication on Outlots. Park dedication requirements referred to in this Agreement are
not being imposed on outlots, if any, in the Development that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such dedication requirements will be
calculated and imposed when the outlots are final platted into lots and blocks.
(03) Changes in Official Controls. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensi�re Plan or official controls shall apply to or affect the use,
development densinr, lot size, lot layout or dedications of the Development unless required by state or
federal law or agreed to in writing by the Cit�� and the Developer. Thereafter, notwithstanding an�-thing
in this Agreement to the contrary, to the full extent permitted by state law, the City may require
compliance with any amendments to the Cin-'s Comprehensive Plan, official controls, platting or
dedication requirements enacted after the date of this Contract.
3. Right to Proceed. ��Uithin the Subdivision, the Developer may not grade or otherwise disturb the
earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any
buildings until all the following conditions have been satisfied: (1) this Agreement has been fully executed by
both parties and filed with the City Clerk; (2) the necessary security has been received by the City; (3) the
necessary insurance for the Developer and its construction contractors has been received by the Cin; (4) the
final plat for the Subdivision has been filed with the office of the Sherburne County Recorder or Registrar of
Titles, and (5) all required permits are secured and a copy filed with the City Engineer.
4. Develo�ment Plans. The Subdivision shall be developed in accordance with the following plans (The
Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A, B and E the Plans
may be prepared, subject to the City Engineer's approval, after entering into this Agreement, but before
commencement of any work in the Development The City Engineer may approve minor �unendments to
Plan B without City Council approval. If the Plans vary from the written terms of this Contract, the written
terms shall control. The Plans are:
Plan A - Plat
Plan B- Final Grading, Drainage, and Erosion Control Plan & SWPPP
Plan C- Plans and Specifications for Public Impro�=ements
Plan D- Stseet Lighting Plan
Plan E - Landscape Plan
Plan F— Storm water Management Plan detailing long term ownership, maintenance schedules
and procedures for all stormwater facilities as required by the City's MS4 permit
Plan G— Development and tree preservation plan required by Section 13 hereto
5. Im�rovements. In accordance with the application materials submitted by Developer, the preliminary
and final plats of the Subdivision, the City Council Resolution attached as Exhibit A hereto, and the applicable
standards and ordinances of the City, the following described Improvements (the Improvements) shall be
constructed and installed on the terms and conditions hereinafter contained:
(01) Site grading to elevations shown in the appro�red grading and drainage plan and construction
of retaining walls (Site Grading);
(02) Streets, as required by the Cit�r, inclucling grading, graveling and stabilizing, constructing and
vegetating of berms, swales and boulevards, planting trees on boulevards, permanent street surfacing
with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing
traffic control street signs as required the City Engineer and installing street lights as required by the
local utilit�r (Street Improvements) ;
2
(03) Sidewalks, as required by the City (Sidewalk Improvements);
(04) Storm sewers, as required by the City, including all necessary pipes, manholes, catch basin,
ditches, inlets, retention areas and other appurtenances (Storm Sewer Improvements) ;
(05) Sanitary sewers and laterals, as required by the City, including all pipes, manholes, pumping
stations, building services and other appurtenances (Sanitary Sewer Improvements) ;
(06) Watermain and laterals, as required by the City and Elk River Municipal Utilities, including all
necessary pipes, hydrants, valves, building services and other appurtenances (Watermain
Improvements) ;
(07) Wetland mitigation measures as required by the U.S. Army Corps of Engineers, the
Department of Natural Resources and/or the Wedand Conservation Act (Wetland Mitigation);
(08) Landscaping, Trees and grass as required by City Ordinance and any additional landscape
Improvements required by the Cit�r (Landscape Improvements).
(09) Park and trails, as required by the City, including all park grading, removal of specified
vegetation, construction of trails, and installation of park and trail signs including Park boundary
markers (5-foot steel posts) at all lot corners that border park property or City owned outlots (Park
and Trail Impro�Tements).
(10) Temporary and permanent erosion and sediment control measures as required by the City's
MS4 permit and the MPCA National Pollutant Dischar�e Elimination S�stem construction stormwater
permit (Stormwater Management Improvements).
(11) Survey Monuments. Durable iron survey monuments shall be set, pursuant to l��innesota
Statutes, Section 505.02, Subd. 1, within one (1) year after recording of the final plat of the Subdivision.
Developer shall provide in writing notice to the City a Surveyor's certification that all monuments have
been set.
(12) Mailbo�es, in a st�-1e and location approved_by the City of Elk River, shall be provided prior
to occupancy of any unit.
6. Additional Regulator� A�rovals. All additional regulatory approvals required for construction of
the Improvements or development of the Subdivision shall be obtained before commencement of construction
on the Improvements. Additional approvals may include but are not limited to the Department of Health
permits for water system modifications; Minnesota Pollution Control Agency permits for the extension of
sanitary sewer or cluster on-site treatment systems; National Pollutant Discharge Elimination System permits
for grading; Department of Natural Resources permits for water appropriations; Arm�r Corps of Engineers
permits for construction of sedimentation ponds; and City, Count�r and/or State permits for access and work
within e�sting road rights of ways.
7. Installation of Im�rovements. The Impro�rements will be installed at Developer's expense by
Developer as hereinafter provided.
(01) Developer shall construct and install at Developers sole e�pense all Improvements necessary
to fully complete the Development, including those Improvements identified in E�ibit D, attached
hereto, except as may otherwise be set forth in this Agreement. The installation of the Improvements
shall be in accordance with all applicable City ordinances, including the City subdivision ordinance,
and shall be subject to review, approval, inspection and authorization by the City and/or its specialty
consulting staff, as provided in this agreement.
(02) Deadline for Performance b�- De�=elo�er. Except as otherwise provided herein, Developer
agrees to complete all Improvements and perform all other acts as are required by the Subdivision
Ordinance, other applicable ordinances and the terms and conditions of this agreement, and Resolution
No. 22-XX and to do so on or before October 31, 2022, with the exception of the final wear course
of asphalt on streets. The final wear course on streets shall be installed between August 15 and
October 15 the year following the base layer of asphalt construction. The Developer may, however,
request an extension of time from the City. If an extension is granted, it shall be conditioned upon
updating the securit�- posted by the Developer to reflect cost increases and the extended completion
date. Final wear course placement outside of this time fsame must have the written approval of the
City Engineer.
(03) Aooroval of Contractor. The City resen=es the right to approve or disapprove any contractor
selected by the Developer.
(04) Construction Plans. The construction, installation, materials and equipment shall be in
accordance with plans and specifications prepared by a licensed professional engineer and approved
by the Cit�- Engineer. Such plans and specifications shall be based upon such engineering surveys,
including soil borings and material tests, determined to be necessary by the City Engineer.
(05) Su�ervision and Cit�� Services. Construction and installation plans and activity shall be
reviewed by and subject to the supervision of the City. Developer will cause the contractor(s) to inform
the City's representatives of the schedule to complete the Improvements as required in the approvals.
City shall inspect all Improvements during and after construction for compliance with approved
specifications. Developer will notify the City Engineer or his designee at such times during
construction as the Cit�- Engineer requires for inspection purposes.
(A) The Developer shall instruct its engineer to provide adequate field inspection
personnel to assure an acceptable level of quality control to the extent that the Developer's
engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the Cit�r may, at the City's discretion and at the
Developer's e�pense, have one or more City inspectors and a soil engineer inspect the work
on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow
all instructions received from the City's inspectors. The Developer's engineer shall provide
for on-site project management. The Developer's engineer is responsible for design changes
and contract administration between the Developer and the Developer's contractor. The
Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable
time at the City with all parties concerned, including the City staff, to review the program for
the construction work.
(06) Easements. The Developer shall convey to the City, prior to the final approval of plans and
specifications and at no cost to the City, all permanent and temporary easements for the installation
and maintenance of all Improvements determined to be necessary by the City. All such easements
shall be in recordable form acceptable to the City and contain such terms and conditions as the City
may prescribe.
(07) Insurance. Developer shall cause each contractor engaged in the construction and installation
of any Improvement to furnish the City with evidence acceptable to the City showing insurance
coverage (including workers' compensation, liability and propert�� damage) in such amounts as are
required for Cit�- construction contracts. Developer shall also maintain adequate liabilit�- insurance for
4
public use of Streets, Sidewalk and other Improvements until such time as those Improvements are
completed and accepted by City as provided herein, and shall hold the City harmless and indemnify
the City from any liabilit�� arising out of the public's use of said Improvements until such time as those
Improvements are completed and accepted by the City as provided herein.
(08) As Constructed Plans. Within thirty (30) days after the completion of the impro�=ements and
before the security is released, the Developer shall supply the City with a complete set of reproducible
"as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.dwg file or
a.dxf file and .pdf formats, all prepared in accordance with City standards. All constructed �ublic
utilities shall be field surve��ed after construction with all location, elevation, and data attributes
information, deliverable to the Cit�� in an a�ro�Ted sub-foot accurate GIS/GPS format.
(09) Cit�� Acce�tance. The City shall accept, at no cost, ownership of all Improvements provided
that such Improvements have been constructed in compliance with the plans and specifications
therefore and City requirements with respect thereto as determined by the City. No improvements
will be accepted prior to all disturbed areas of the site being fully vegetated and functioning in
accordance with the approved construction and storm water management plans. Upon acceptance, all
Improvements lying within the public easements or rights of way shall become Cinr property without
further notice or action.
(10) L.icense. The Developer hereby grants the Cit�r, its agents, employees, officers and contractors
a license to enter the Subdivision to perform all work and inspections deemed appropriate by the City
in conjunction with the Development.
(11) Faithful Performance of Construction Contracts. Developer will fully and faithfully perform
the installation and construction of the Improvements in accordance with the approved plans and
specifications therefore and shall comply with all terms of any and all contracts entered into by the
Developer for the installation and construction of all such Improvements, at no expense to the Cit�-.
(12) Warranty. Developer hereby warranties the workmanship and materials respecting such
Improvements for a period of two (2) years follo��ing the City's final acceptance of the Improvements
and agrees to repair or replace, as directed by the City, and at De�=eloper's sole cost and expense, any
work or materials that become defective, in the sole opinion of the Cit�r, within said two (2) year period
even though notice thereof be given by the City after said two (2) year period.
Cit� Installed Im�rovements.
(01) The Subdivision will have no City installed Improvements.
(02) There are no assessments levied against the subdivision.
9. Fees and Securit� for Develo�er's Performance.
(01) Cit�� Administration and Construction Observation Fees. Developer shall reimburse the Cit�-
for all the City's costs and expenses incurred in the processing of the Subdivision and installation of
improvements, including review of plans and construction observation and in regard to any action or
event of default by Developer, resulting in any suit or proceeding at law or in equit�- to which the City
shall become a party in reference to the Developer's interest in the Development. Reimbursement
shall be due and payable to the City within thirty (30) days following the receipt of a statement
therefore. The Developer shall post a cash escrow in the amount of five percent (5%) of the estimated
costs of the Improvements. This escrow will be drawn from as the project progresses to cover the
City's ongoing costs and expenses relating to administration and construction observation of the
Improvements. Cit�- administration will include, but is not limited to, supen=ision of construction
observation, consultation with Developer and its engineer on status or problems regarding the project,
coordination for final inspection and acceptance, project monitoring during the warranty period, and
processing of requests for reduction in securit��. Construction observation shall include full to part
time inspection of all work associated with the Improvements. Based on past experience it is estimated
that an escrow of five percent (5%) shall be sufficient to cover the City related expenses associated
with the work. Delays, change in work scope, contractor performance, etc. can all contribute to this
amount not being sufficient. All City costs experienced in excess of the escrow are the responsibilit�-
of the Developer. These costs will be billed directly to the Developer and become due per the terms
stated in Section 10.
(02) Securit�� for Develo�ers Performance.
(A) No work shall be commenced under this Agreement, and the Final Plat of the Subdivision
will not be released for recording, until the Developer has filed with the City a cash deposit or
an irrevocable and unconditional Letter of Credit acceptable to the Cit�r, in the amount of
Three Hundred Forty-Fi�=e Thousand, Nine-Hundred Fifty-five and 76/100 Dollars
(�345,955.76). Said Letter of Credit shall also provide that funds shall be paid to the Cit�- upon
written demand of the City to the extent of default herein by Developer in the payment of any
amount due or the performance of any other duty or obligation of Developer pursuant to this
Agreement, inclucling Developer's obligations to complete Improvements, to complete on-
site Landscape Improvements, and to make payment of any amounts due hereunder.
(B) The security provided in accordance with the above may be released quarterly, on
March 31, June 30, September 30 and December 31 of each year. The amount released each
quarter will equal the amount of work completed by the Developer during the quarter, except
that:
(i) the security will not be released to an amount less than the amount of
Developer's total indebtedness to the Cit�r pursuant to the terms of this Agreement,;
and,
(ii) the securit�� will not be released belo�� fift�- thousand dollars (�50,000) until
all Improvements pursuant to this Agreement have been completed in full and all
other obligations of Developer under this Agreement have been fulfilled, including
Developer's obligation to install required Landscaping Improvements and to fulfill
the requirements of the Wetland Mitigation, if applicable.
(C) The Letter of Credit shall contain a provision that states that the Letter of Credit shall
be automatically renewable annually unless the issuer of the Letter of Credit first gives the Cit�r
30 days written notice by certified mail of its intent not to renew the Letter of Credit. The
letter of credit shall also contain a minimum initial period of 1 year. The Letter of Credit shall
be a guaranty to the City that the Improvements and all other requirements set forth in this
Agreement will be timely completed to the City's satisfaction. The Letter of Credit shall be
maintained continuously by the Developer, except as reductions are authorized by the City,
until the Improvements are completed to the Cit�r's satisfaction, including certification by the
Cit�r engineer that all items are satisfactorily completed, pursuant to this Agreement The
Letter of Credit shall have no conditions and shall be subject to being drawn upon by the City
upon any default under this Agreement, including failure to pay contractors, subcontractors
or costs or e�penses owed to the City. If at any time the City shall draw upon the Letter of
Credit, the Developer agrees that within 10 days upon being notified of such withdrawal by
the City, Developer shall either pay the deficient amount in cash to the City or have the Letter
of Credit restored to its full amount
(03) Maintenance Bond. The Developer shall post maintenance bonds in the amount of twent�--five
percent (25%) of final certified construction costs to secure the warranty in Section 7(12) hereo£ The
City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds
are furnished to the City or until the warranty period expires, whichever first occurs. The retainage
may be used to pay for warranty work, grading, erosion control, and as built survey escrow.
10. Res�onsibilit� for Costs.
(01) Except as otherwise specified herein, the De�Teloper shall pay all costs incurred by it or the
City in conjunction with the development of the Subdivision, including but not limited to Soil and
Water Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the preparation
of this Agreement, review of construction plans and documents, the payment of fines and penalties
imposed on the cin� as a result of non-compliance with any permit or failure to obtain necessary
permits, and all costs and expenses incurred by the City in monitoring and inspecting development of
the Subdivision.
(02) The De�reloper shall hold the Cin- and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat approval
of the Development. The De�=eloper shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
(03) The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attorneys' fees.
(04) The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Agreement This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the
entire plat, or any part of it.
(05) The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Agreement within thirt�r (30) day s after receipt If the bills are not paid on time, the Cit��
may halt development and construction within the Subdivision until the bills are paid in full. Bills not
paid within thirt�r (30) days shall accrue interest at the rate of eighteen percent (18%) per year.
(06) In addition to the charges and special assessments referred to herein, other charges and special
assessments may be imposed such as but not limited to sewer availabilit�- charges ("SAC"), Municipal
water connection charges, City sewer connection charges, and builcling permit fees.
11. General Provisions Binding Effect. The terms and provisions hereof shall be binding upon, and
inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding
upon all future owners of all or part of the Subdivision and shall be deemed covenants running with the land.
References herein to De�=eloper, if there be more than one, shall mean each and all of them. This Agreement
shall be placed of record so as to gi�=e notice hereof to subsequent purchasers and encumbrances of all or any
part of the Subdivision, and all recording fees, if any, shall be paid by the Developer.
(01) Severable. In the event that anyportion of this Agreement shallbe held invalid for anyreason,
the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement.
(02) Wai�=er. Any wai�=er, whether express or implied, by any part�- of a breach of any provision of
this Agreement will not operate as or be construed to be a��aiver of any subsequent breach of this
Agreement.
(03) Construction Times. All construction activities shall be confined to the following hours of
operation:
Monday - Friday 6:00 AM unti19:00 PM
Saturday 8:00 AM unti15:00 PM (only with 48 hour advance notice to the City
Engineer or their representatives)
Sunday Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any
deviation from the above hours is subject to approval of the City Council.
(04) Street Construction. No street construction will be allowed after October 15 or prior to
May 15 unless approved by the City Engineer.
(05) Sno���lowing. Until the Improvements are accepted by the City or an agreement expressly
reached in ad�Tance, the developer is responsible for snow removal and ensuring access by Emergency
Response equipment.
(06) Mailboxes. All mailboxes be in a style and location acceptable to the City of Ell� River.
(07) Historv. Any item or condition found that indicates the site is likely to yield information
important to pre-history or history shall be reported to the city immediately, and the city reserves the
right in such event, to stop work immediately until the subdivision is appropriately investigated and
developer is authorized to recommence work.
(08) Covenants. Developer shall prepare and file restrictive covenants in a form acceptable to the
City Attorney. Restrictive covenants shall, at minimum, be recorded on the ��Uetland and the `�Jetland
Mitigation areas.
12. Park Dedication. Developer shall pay Park Dedication fees in the amount of Eighteen Thousand,
Five Hundred Thirty-Se�ren and 09/100 dollars ($18,537.09), ($1,425.93 per lot).
13. Develo�ment Plan. A development plan "Development Plan" shall be submitted by Developer
and appro�=ed by the City Engineer or his designee prior to issuance of any builcling permit within the
Subdivision. The Development Plan will identify, for each lot in the Subdivision those items noted on the
checklist attached as Exhibit E to this Agreement. Appro�ral of the Development Plan may be contingent upon
soil borings verifying elevations and compaction tests for proposed house pads.
14. Landsca�ing. Developer agrees to install one over story tree in the boulevard of each Lot, and require
one additional over story, evergreen, or deciduous tree in the front yard of each Lot. For Lots not sold by April
31, 2022, Developer agrees to install one tree in the front yard of all unsold lots. All required trees shall meet
minimum size standards as outlined in Elk River City Codes.
(01) All residential landscaping requirements shall be completed prior to occupancy of the dwelling
unit, or by June 1 following occupancy if occupancy occurs October 15 through May 31.
(02) In the event the landscaping, including trees and establishment of turf, is not complete at the
time of Certificate of Occupancy, the City may issue a certificate of occupancy and require the
provision of a cash deposit from the builder of the lot to guarantee the successful completion of the
landscaping improvement The cash deposit shall be no less than $1,000.00. The City, its employees,
agents or contractors shall have the right to go upon the property to complete the landscaping without
permission of the owner of the property or lot, and shall not be liable for trespass. The City may also
requise a deposit as part of the building permit fee to secure compliance with the landscaping
requirements.
15. Surface and Groundwater Management.
(01) Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will be
the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable count�-, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
(02) Wetlands. If the Developer proposes the filling of wetlands in connection with development
of the Subdivision, final plat approval is contingent upon, and the final plat shall not be recorded until,
receipt of necessary permits from appropriate regulatory agencies to fill wetlands as proposed by the
Developer and approval by the Technical Evaluation Panel of the proposed mitigation plan for
wetlands filling. If these permits are denied, or approval of the wetland permit and mitigation plan is
subject to conditions which significantly impact the Subdivision, the final plat for the Subdivision shall
be resubmitted to the Cit�� Council for consideration of changes required for the wetland approvals.
The Cit�- shall receive a copy of the monitoring report annually for three years.
(03) Erosion Control. Prior to initiating any work on the site, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and appro�=ed by the City or other regulating
authorit�-. The City may impose additional erosion control requirements if they are deemed necessary
to protect the downstream waters of the state. All areas disturbed by the grading operations shall be
stabilized per the MPCA NPDES Stormwater Permit for Construction Activity and the City MS4
permit. Seed shall be in accordance with the City's current seeding specification which will include
temporary erosion control measures to provide ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and watered as necessary for seed retention and growth. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not compl�r with
the MPCA NPDES Stormwater Permit for Construction Activity, the City MS4 permit, with the
erosion control plan and schedule, or supplementary instructions received from the City or other
regulating authorit�-, the Cin- may take such action as it deems appropriate to control erosion. The Cit�-
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 ten (10) day s, the City may
draw down the letter of credit to pay any costs. No development, utility or street construction will be
allowed and no building permits will be issued unless the plat is in full compliance with the approved
erosion control plan.
(04) Grading. The Subdivision shall be graded in accordance with the approved grading
development and erosion control plan, Plan B. The plan shall conform to City specifications. Within
thirty (30) days after completion of the grading and before the City appro�res individual building
permits (except up to three model home permits on lots acceptable to the Building Official per section
18), the Developer shall provide the City with an "as constructed" grading plan certified by a registered
land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been
constructed on public easements or land owned by the City. The "as constructed" plan shall include
field verified elevations of the following: (a) cross sections of storm water treatment/infiltration
basins; (b) location and elevations along all swales, wedands, wetland mitigation areas if any, locations
and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and (c) lot corner
elevations and house pads, and all other items listed in the Cinr Code. The City will withhold issuance
of building permits until the approved certified gracling plan is on file with the Cin- and all erosion
control measures, including full vegetation of entire site, are in place as determined by the City
Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been
monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation
and testing report, including referenced development phases and lot descriptions, shall be submitted
to the Building Official for review prior to the issuance of building permits.
(05) C1ea�Uo. The Developer shall clean dirt and debris from all streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to
any construction in the plat, the Developer shall identify in writing a responsible party and schedule
for erosion control, street cleaning, and street sweeping.
(06) National Pollutant Discharge Elimination S�-stem Rec�uirements. Prior to the commencement
of any work, the Developer shall provide a signed Storm Water Pollution Prevention Plan for City
review and approval to control erosion from the site. Because the site is over one (1) acre, the
Developer shall also apply for and obtain an NPDES permit from the l��innesota Pollution Control
Agency .
(07) Munici�al Se�arate Storm Sewer Svstem Rec�uirements. All stormwater management activities
shall comply with the City MS4 permit.
16. Default.
(01) Remedies. 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 prompdy reimburse
the City for any expense incurred by the City, provided the Developer, except in an emergency as
determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours
in advance. This Agreement is a license for the Cit�- to act, and it shall not be necessary for the Cit�- 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.
(02) Acceleration on Default In the event Developer, or its heirs, successors or assigns, violates
any of the covenants and agreements herein contained, or fails to pay any amount due to the city, the
City, at its option, in addition to its other rights and remedies, by written notice of default given to the
De�=eloper, may declare all amounts to be paid by the Developer pursuant to this Agreement, , due and
payable in full, with interest, immediately, or on such date as the City shall specify in its notice of default
to Developer. If Developer fails to make payment in the amount and at the time specified in the City's
notice of default to Developer, City may, at its option, draw on the security provided by Developer
pursuant to Section 8 of this Agreement and/or commence legal action against Developer to collect
the entire amount owed by Developer, including reasonable attorneys' fees. Developer shall be
personally liable for such amounts due and, if more than one, such liability shall be joint and several.
17. Issuance of Building and Occu�anc� Permits.
(01) Building Permits. The City will not issue any building permit (a permit issued for construction
of a structure to be sold and occupied by a new owner) for any lot or parcel in the Subdivision until all
small and large utilities are installed, streets are paved with the first lift of pavement and vegetation is
10
full established. City will not issue a certificate of occupancy (said certificate will allow the structure to
be transferred to a new owner for the purpose of permanent occupancy) for any building constructed
on any lot or parcel in the Subdivision until all Improvements (e�cept final lift of paving) are completed,
approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be
issued for sites with model permits; howe�=er, such certificates will not allow the structure to be
transferred to a new owner for the purpose of occupancy.
(02) Notice to Homebu��ers. If the Developer fails to comply with any of provisions of this
Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or
parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the
Subdivision of the e�stence of this contract and the obligations and restrictions created herein prior
to the completion of the sale. Further, Developer agrees to save and hold City harmless from any and
all claims or actions arising from the right to withhold the issuance of such permits and certificates and
from other provisions hereof.
18. Model Homes.
(01) The City may issue building permits for the construction of up to three model homes on lots
approved by the Building Official prior to completion of the public and private infrastructure, provided
that access to the site for emergency vehicles is maintained at all times. City will not issue a certificate
of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose
of permanent occupancy) for any building constructed on any lot or parcel in the Subdi�=ision until all
Improvements (except final lift of paving) are completed, approved by the Cin- Engineer and accepted
by the City. Temporary certificates of occupancy may be issued for sites, however, such certificates
will not allow the structure to be transferred to a new owner for the purpose of occupancy.
19. Miscellaneous.
(01) Filing of Final Plat and Develo�er Agreement. Before construction commences on the
Improvements, the Final Plat of the Subdivision and this Developer Agreement must be filed and
recorded and all necessary easements shall have been conveyed to the City, unless the City authorizes
in writing the commencement of limited construction activities.
(02) Incor�oration bv Reference. The e�hibits to this Agreement shall be and hereby are made a
part of this Agreement by reference as fully as if set forth herein in full.
(03) No Re�lacement This Agreement is in addition to and is not in replacement of the terms and
conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and Right
to Object relating to the Subdivision executed by Developer.
(04) Re�ulator�r Com�liance. The Developer represents to the Cit�r that the Subdivision complies
with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the Cit�- determines that
the plat does not comply, the City may, at its option, refuse to allow construction or development work
in the Subdivision until the Developer does comply. Upon the City's demand, the Developer shall
cease work until there is compliance.
(05) Third Parties. Third parties shall have no recourse against the Cit�- under this Agreement.
(06) Breach. Breach of the terms of this Agreement by the Developer shall be grounds for denial
of building permits, including lots sold to third parties.
11
(07) Se�=erabilin�. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Agreement.
(08) D�nage to Im�rovements. If builcling permits are issued prior to the acceptance of
Improvements, the De�reloper assumes all liability and costs resulting in delays in completion of public
Improvements and damage to Improvements caused by the City, Developer, its contractors,
subcontractors, material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is issued
on either a temporary or permanent basis until the streets needed for access have been paved with a
bituminous surface, the utilities are completed, and the vegetation is established and accepted by the
City Engineer.
(09) Amendments. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed
by the parties and approved by written resolution of the City CounciL The City's failure to promptly
take legal action to enforce this Agreement shall not be a waiver or release.
(10) Binding Contract This Agreement shall run with the land and may be recorded against the
title to the property. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the propert�- being final platted and/or has obtained consents to
this Agreement, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the propert�- being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
(11) Insurance. The Developer and contractor shall acquise public liabilit�r and property damage
insurance covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of their subcontractors or by one direcdy or indirectly
employed by any of them. The insurance must be maintained until six (6) months after the City has
accepted the Improvements. Limits for bodily injury and death shall be not less than $500,000 for one
person and �1,000,000 for each occurrence; limits for property damage shall be not less than �200,000
for each occurrence; or a combination single limit policy of �1,000,000 or more. T`he City shall be
named as an additional insured on the policy on a primary and noncontributory basis, and the
Developer and contractor shall file with the City a certificate evidencing coverage prior to the City
signing the plat The certificate shall provide that the City must be given ten (10) days advance written
notice of the cancellation of the insurance.
(12) No ��Uaiver. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available
to City, at law or in equity, or under any other agreement, and each and every right, power and remedy
herein set forth or otherwise so e�sting may be exercised from time to time as often and in such order
as may be deemed expedient by the Cit�r and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
(13) Assignment The Developer may not assign this Agreement without the written permission
of the City Council. The Developer's obligation hereunder shall continue in full force and effect even
if the Developer sells one or more lots, the entire plat, or any part of it.
20. Notices. All notices and demands specified herein shall be deemed appropriately and timely given
when deli�rered personally or deposited in the United States mail to the addresses hereinafter set forth by
certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by
written notice gi�ren as above:
12
If to the City at City of E1k River
Attn: City Administrator
13065 Orono Parkway
E1k River, Minnesota 55330
If to the Developer at Steve and Tammy Pullar
20343 Meadowvale Road
Elk River,l�1N 55330
13
IN `�1ITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed
on this day and year first above written.
CITY OF ELK RIVER
By :
John J. Dietz
Its Mayor
By:
Tina Allard
Its: Clerk
DEVELOPER:
By :
Steve and Tammy Pullar
20343 Meadowvale Road
Elk River, MN 55330
14
STATE OF MINNESOTA
COUNTY OF SHERBURNE
)
) ss.
)
This instrument was acknowledged before me this day of , , by
John J. Dietz and Tina Allard, the Mayor and Cit�� Clerk, respecti�=ely, for the City of Elk Ri�rer, Minnesota.
Notary Public
STATE OF MINNESOTA
COUNTY OF
)
) ss.
)
This instrument was acl�nowledged before me this day of
Notary Public
This instrument was dsafted by:
City of E1k River
13065 Orono Parkway
Elk River,l�1N 55330
vy,
15
EXHIBIT A
Resolution No. 22-XX
A-1
EXHIBIT B
Legal Description
The NoYthwest Quarter of the NoYtheast QuaYteY of Section 18, Totivnship 33, Range 26, EXCEPT
the South 2 Yods lyring East of Countyr State Aid Road No. 32, formerlyr knotivn as County State rlid
Road No. 1, Sherburne CounttT Minnesota.
I:
Exhibit C
Final Plat
C-1
D-1
EXHIBIT E
Development Plan Checklist
Development Plan Requirements
1. Lot and block numbers
2. Street Names
3. Storm sewer alignment with top and invert elevations. Also Flared ends with invert elevations
4. Centerline Street elevations at 100 foot stations with high and low points
5. Centerline street percent grades
6. Cul-de-sac percent grade along curb
7. Building setback lines
8. Final Contours
9. All proposed driveway slopes
10. House pads with house style and elevations
11. Front and rear lot corner elevations
12. Spot elevations at the rear of the house pads if the drainage is to be directed around the house
pad to the front
13. Typical lot detail indicating where lot and house elevations are shown to.
14. Legend with type of house styles and grade difference for garage floor to walkouts or lookouts.
15. Lot dimensions to the nearest foot
16. Typical street section
17. Drainage arrows at high points and major grade changes
18. E�sting and proposed easements
19. Emergency overflows should be labeled and shown with spot elevations and drainage arrows.
Emergency overflows must be established for catch basins in the street and in rear yards. Areas
along rear lot lines which are below emergency overflows elevations shall be designated as
drainage easement on the final plat.
20. Wetland boundaries must be accurately shown
21. Development plan must be signed by a registered Land Surveyor or Engineer.
22. All trees within the subdivision that are to be preserved shall be fenced with a snow fence at
the drip line to prevent grading, compaction, or storage of equipment, debris or materials.
Staff shall inspect the fencing prior to grading. Cutting of trees between April 15 and July 15
shall not be permitted. The Operator shall take other measures deemed appropriate by the
Sherburne County Forester to control oakwilt, such as, but not limited to: debarl�ing or
destroying fallen diseased trees prior to April 15, not lea�=ing roots exposed and avoiding
mechanical damage on remaining trees.
E-1
EXHIBIT F
Purposely left blank
H-1
EXHIBIT G
Consent of Mortgage
I-1
EXHIBIT H
Summary of Payments Due
i$17,297.79 iInspection Escrow ($345,955.76 x.05) iSection 9(01)
i$18,537.09 iPark Dedication Fee ($1,425.93 x 13) iSection 12
;$35,834.88 iTotal
-------------------------------------------------------------------------------------------------------------------------------------------------------------------�------------------------------!
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■ 14 lots (L1 B 1 existing house)
■ Prelim Plat approved Nov 15, 2021
N Line� of the NW 1f4 af Ihe NE 1f4 Sec. 19
N89°18'33"E 1315-88
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Sou nd Stud
y
■ ESI Engineering completed the sound study
■ Allowable level is 63 dBA for residential properties
■ Loudest hour measured was 61 dBA
■ 600-yard rifle range was in use
■ Readings taken right at the east property line of proposed
development
Access
■ County determined that the gun club traffic counts were
negligible,
■ And due to the unwillingne s s o f the gun club to work with
developer,
■ The county will allow the two access points
N Line� of 6he NW 1f4 af Ihe NE 1f4 Sec. 19
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Action Re uested
q
■ Adopt, by motion, a resolution approving the Final Plat of
Pullar Prairie with the seven (7) conditions outlined in the
memo
■ Approve, by motion, the Development Agreement for Pullar
Prairie
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