HomeMy WebLinkAbout2003-05-13 CC Meeting Packet EnclosureMeeting Date May 13, 2003
Oak Park Heights
Request for Council Action
ENCLOSURE 17
Agenda Item Title: McKean Square/Developer's Agreement
Time: 5 min.
Agenda Placement New Business
Originating Department/Requestor d 1istration/Eric Johnson
Requester's Signature
Action Requested Review and fs prove
Background/Justification (Pease indicate if any previous action has been taken or if other
public bodies have advised)
THIS AGREEMENT, made and entered into this day of March, 2003, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "City "), and, VSSA McKean West LLC (the "Developer ").
WITNESSETI; That:
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
WHEREAS, VSSA Housing and Community Services LLC, an affiliate of the Developer has 1
made application to the City Council for approval of a Planned Unit Development, General Plan of
Development, Rezoning, and Preliminary and Final Plat of land within the corporate limits of the
City described as follows:
MCKEAN SQUARE
See Attached Exhibit "A"
WHEREAS, the City Council has on February 25, 2003, granted approvals to the
Subdivision, on the condition that the Developer enter into this Agreement stipulating the
conditions for the installation of street, water, sewer and other public Improvements as well as the
development of on -site Improvements hereinafter described, all in accordance with the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as the "Plan A Improvements ".
Improvements to be installed by the City and paid for by Developer are hereinafter referred to as
"Plan B Improvements".
1. PLAN A 'IMPROVEMENTS: The Developer will construct at Developer's
expense the following Improvements under Plan A according to the following terms
and conditions:
A. The Developer shall do all site grading, common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance with the approved
grading, drainage and site plan. A grading plan with maximum two (2) foot
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contours, pad elevations, drainage provisions, erosion control provisions and
cross sections, as necessary, shall be submitted to and approved by the City
prior to commencement of any site grading. Any changes to the grading
plan during construction shall be submitted to the City for approval. Each
building site must conform to the grading plan approved by the Building
Inspector of the City prior to a building permit being issued.
B. The Developer shall control soil erosion ensuring:
All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion. The Developer shall
submit an erosion control plan, detailing all erosion control measures
to be implemented during construction, said plan shall be approved
by the City prior to the commencement of site grading or
construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City Engineer shall be installed prior to development
and as may be necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development.
5. The Developer shall not locate its equipment within the right -of-way
of 58th Street or Norwich Parkway as acquired by the City without
the express written consent of the City Engineer.
C. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be replaced
after all street and lawn grading has been completed in order to preserve the
lot markers. The develo ■ er shall also . rovide "as built" drawin s veri ■ in
the nished
. 1
awes
or all buildin
ads and drainer
e and common areas.
D. The Developer shall be responsible for maintaining the location of and
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protecting curb stops, water services and sewer services. Any service or
curb stop damaged shall be repaired or replaced as specified by the City.
The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading) or driveway surface.
._ Driveways /Garag Floors:
There shall be an minimum 18 inch drop in elevation ,from the top of the
garage floor slab to the top of the curb on the lot as finished There shall be
a maximum 10 percent grade on all driveways to be constructed.
F. The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. Final
landscaping plans must be submitted to the office of the City Planner for
approval .
G. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until the subdivision is completed.
Warning signs shall be placed when hazards develop in streets to prevent
the public from traveling on same and directing attention to detours. The
repair of any damage done to the streets or public utilities by Developer or
any of its Contractors or Subcontractors, shall remain the financial
responsibility of the Developer.
D. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant the to lighting plan which has been filed
with and approved by City staff
Tree Protection and Clearing:
The Developer must have the City Arborist or a person under her
designation providing on -site supervision and direction during the clearing
process. Prior to the clearing operation being initiated all clearing limits and
trees to be protected shall be clearly marked. Tree protection fencing shall be
installed and maintained until after grading is complete. All fencing shall be
installed at least 20 feet distant from the trunks of large shade trees
(deciduous) and around coniferous trees no closer than the dripline. Silt
fencing may not be used as a substitute for tree protection fencing. Fencing
shall be orange in color with steel posts at 6 -8 foot intervals. The City
Arborist shall be contacted by Developer for an inspection after the fencing
is installed.
General Requirements:
J. Developer has previously in the platting of Boutwell's Landing and pursuant
to Development Agreements signed therewith paid appropriate park
dedication fees for this subject property.
K. The Developer shall dedicate and survey those drainage and storm water
holding ponds as required by the City Engineer to be shown on the final plat.
The Developer shall be responsible for storm sewer cleaning and holding
pond dredging, as required, by the City prior to completion of the
development.
The City of Oak Park Heights is requiring Developer to dedicate certain
storm water drainage areas and holding ponds to serve Developer's project.
Such areas are incorporated within the drainage easements depicted on the
final plat and upon execution of this Development Agreement and the
recording of the final plat conveyed to the City. Developer is retaining as
separate /private ponds, streams and interior waterworks for which it shall be
exclusively responsible and which shall not become part of or
the city's storm sewer and or storm water drainage systems
notwithstanding their location within public drainage easement areas.
L. The Developer shall be responsible for securing all necessary approvals and
permits from all appropriate federal, state, watershed, regional and local
jurisdictions prior to the commencement of site grading or construction and
pr to the City awarding construction contracts for public utilities
M. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines in within the plat.
N. Wetland Designation. All areas classified as wetlands shall be displayed
upon the plat and those so specified by the City Engineer shall be dedicated
to the public for that purpose.
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1: Boulevard and swale sod $ 2500.00
2. Landscaping and Planting $ $400,000.00
3. Tree Relocation $ 24,000.00
4. Street signs $ 3,900.00
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5. Street lights
6. Parking Lot and Pathway Lighting
7. Grading
8. Seeding and Erosion Control
9. Private Streets and Parking areas
10. Trails and sidewalks
11. Bridge and retaining walls
12. Private Storm sewer
13. Pond Protection & Restoration
14. Utility Protection & Repair
15. Street Protection & Repair
TOTAL ESTIIA'1'ED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20%):
TOTAL ESTIMATED CONSI RUCTION COST
OF PLAN A IMPROVEMENTS:
SECURITY REQUIREMENT (25 %)
TOTAL PLAN A ESCROW
MCKEAN SQUARE
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
MCKEAN SQUARE
$ 204,000.00
$77,600.00
$ 312,000.00
$ 29,800.00
$ 56,000.00
$100,200.00
$140,000.00
$ 49,000.00
$ 12,000.00
$ 9,000.00
$ 10,000.00
$1,430,000.00
$286,000.00
$1,716,000.00
$429,000.00
$2,145,000.00
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
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B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
C. Easements. The Developers shall dedicate to the City, upon approval of the
final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan A and Plan B
Improvements as determined by the City. All such easements required by
the City shall be in writing, and in recordable form, containing such terms
and conditions as the City shall determine. If within the platted area, all
such easements shall be dedicated to the City and specifically described
within. the Plat. As it affects all easements located outside the platted area,
the same shall be dedicated by separate easement conveyed to the City
simultaneously with the execution of the Development Agreement.
D. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all Plan
A Improvements and hereby guarantees the workmanship and materials for a
period of one year following the City's final acceptance of the Plan A
Improvements. Concurrently with the execution of this Agreement,
Developer or its general contractor shall provide security to the City in a
form to be approved by the City Attorney, guaranteeing the performance by
Developer of the construction of the Plan A Improvements in a timely and
proper manner. Additionally, Developer guarantees and agrees that, should
the City need to apply a claim on said security, that Developer shall pay all
attorney's fees and administrative expenses associated with said action.
E. Security. The Developer or its general contractor's shall provide to the City
a Cash Security, Letter of Credit or other security acceptable to the City
Attorney to secure the performance and construction of the Plan A
Improvements. A Letter of Credit shall be issued for a period of time not less
than one (1) year in duration. Security as provided under this section shall
be proportionately released upon certification by the City Engineer that the
Developer has satisfactorily completed the various performances due in
constructing the Plan A Improvements excepting those amounts reasonably
necessary to secure the guarantees provided for in Paragraph D above.
4. PLAN B IMPROVEMENTS. (MCKEAN SQUARE) The following
Improvements will be installed by the City at the Developer's expense according to
the following terms and conditions:
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1. DESCRIPTION OF IMPROVEMENT
(MCKEAN SQUARE)
A. Sanitary sewer $ 208,000.00
B. Water main $ 191,200.00
O. House Services $ 95,500.00
D. Storm Sewer $ 135,500.00
E. Base preparation $ 72,000.00
F. Curb and Gutter $ 79,000.00
G. Surfacing $ 100,500.00
H. Sidewalks 4 1' 0 $ 134,600.00
I. Sodding $ 27,700.00
J . Construction management $10, 000.00
TOTAL ESTIMATED CONS`IRUCTION COST
OF PLAN B IMPROVEMENTS:
ESTIMA'I COST
$1,054,000.00
$ 210,800.00
ESTIMATED ENGWEERING, LEGAL AND
ADMINISTRATIVE (20 %):
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS: $1,264,800.00
SECURITY REQUIREMENT (25 %) $ 316,200.00
TOTAL PLAN B ESCROW $ 1,581,000.00
MCKEAN SQUARE
That prior to the City ordering the installation and awarding the contracts as
it relates to the Plan B Improvements and the costs therefor, the Developer
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shall deposit with the City of Oak Park Heights a cash deposit, letter of
credit or other security in a dorm to be approved by the City Attorney, the
total estimated cost of the Plan B Improvements plus a 25% security
requirement related thereto for a total of $1,581,000.00. The City shall pay
from said deposit or security all expenses related to the construction of the
Plan B Improvements providing for the construction of same as follows
A. Construction. After the preparation of preliminary plans and
estimates by the City, the City Council shall take bids on the projects and
thereafter award the contract pursuant to law for the installation of the Plan
B Improvements under the Ci 's su ervision. Upon receipt of the first bid
tabulation, Developer shall be provided a copy thereof. The Developer shall
have the right to immediately notify the City of its demand that the City
reject all bids. As it affects the first bid tabulation, the City shall honor the
Developer's wish if made to reject all bids and thereafter proceed to a second
bidding on the project. Subsequent bid tabulations may be commented upon
by Developer but the City may award to the lowest responsible bidder of the
project in the manner provided by law.
B. Escrow. No work shall be commenced under this Agreement until
the Developer shall have filed with the City a cash deposit, certified
check, Letter of Credit or other securit in a farm to be approved ,by
the City Attorney, in the amount equal to the total estimated cost of
the Plan B Improvements plus a security requirement of 25% in the
total amount of $1,581 ,000.00. The City shall have the right to apply
against the deposit or security all bills incurred by the City with
regard to the Plan B Improvements, however, the City shall provide
the Developer the opportunity to pay for said Improvements as bills
are incurred, in cash, rather than applying payments as against the
Letter of Credit provided to the City, if a Letter of Credit is used in
lieu of a cash escrow by the Developer. In such case, the Developer
shall have 5 business days from the time of submission of the bill by
the City to the Developer to pay to the City such amount in cash so
that the City can use the payment to pay the amount due in lieu of
drawing down on the Letter of Credit or other escrow on file with the
City of Oak Park Heights.
C. Plans and Specifications. The Developer shall be provided with a
copy of the plans and specifications as prepared by the office of the
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City Engineer for the Plan B Improvements and shall be allowed the
opportunity to comment on same prior to final release of the bid
specifications by the off of the City Engineer for purposes of
receiving bid on the Improvements. The Developers shall also be
notified of the bid opening date and provided the opportunity to
comment on the bids received prior to the award of the bid on the
Plan B Improvements
The Developers shall also be provided the opportunity to request that
the City Engineer consider including certain contractors that the
Developer might suggest to be added to the proposed bidder's list.
Final determination of the proposed bidder's list shall rest in the
discretion of the City Engineer.
D. Ownership of Plan B Improvements. All such Improvements as
constructed shall become the property of the City. The Developer
shall dedicate to the City prior to approval of the final plat at no cost
to the City all permanent and temporary easements necessary for the
construction of such Improvements as determined by the City.
E. Contracts. All such construction contracts as awarded by the City to
construct the Plan B Improvements shall provide for a guarantee of
the workmanship and materials for a period of one year foliowing
the completion of construction of the Plan B Improvements. All
such contracts shall also conform to the ordinances and
specifications of the City in the construction of all Plan B
Improvements.
F. Change Orders. No change order increasing the contract expense
shall be authorized by the City without first notifying Developer of
the change.
G. Estimates. The above estimates are engineering projections only.
Developer shall be responsible for all actual expenses incurred in the
securing and installing of all Plan B Improvements. The method of
calculation of such costs shall be as specified by the City Engineer.
H. Connection Charges. All connection charges and fees shall be paid
by Developer. The City Engineer shall compute the connection fee
as prescribed by ordinance /resolution as to this development and
advise the City Clerk as to the appropriate fee to be collected.
Connection fees for the entire development is due and payable upon
execution of this agreement and are as follows:
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McKean Square -All lots and Blocks
Sanitary Sewer $ 81,736.20
Water $ 112,615.00
Storm Sewer $ 180,238.80
The overall gross area of the development is 3 4.9 8 acres. After
subtracting out the non - developable areas of ponds and wetlands
totaling 5.04 acres, the net developable area is 29.94 acres. The
connection fees are based on this net developable area of 29.94
ages. Additionally a credit of $29,600.00 credit was applied to the
water main connection fee for the construction of a 12" trunk water
main through the site One hundred percent ( 100 %) credit was
applied for areas where no lateral benefit is received, and a credit of
$8.00 per linear foot was applied for areas where lateral benefit does
exist.
4. CONSTRUCTION MAMA GEM NT AND COORDINATION. In reco ition
of the reality of both Plan A and Plan .B Improvements will be constructed on the
site simultaneousl the s arties to this a_ eement acknowledd e the need or an on
site manager to direct the work and coordination of all work crews on the site so as
to minimize conf'icts and _provide fqr a more efficient scheduling gf construction
activities. The parties hereto agree that the City Engineer shall designate a Site
Manager(s) to whom all contractors and subcontractors shall meet with and be
directed in their construction activities. The Site Manager(s) shall have the
authority to permit, prohibit or redirect the activities of any contractor or
subcontractor in accessing the site to do their work The Site Manager(s) shall take
into account the reasonable needs o both . arties to • er orm their tasks in an
e 1 cient and tuner
accommodating those needs. Both Parties shall instruct their contractors and
subcontractors that the directives of the site manager are mandatory and that
allure to corn r l with an such directive_ shall constitute a condition of breach
under their contract and could result in their removal from the site.
manner under this contract and shall use their best 'udd ent in
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of $7,500.00 to
reimburse the City of Oak Park Heights for previous billed expenses relating
to this development and for the payment of future administrative expenses as
may be incurred thoughout the construction of this development.
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6. GENERAL:
A. 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 any part of the Subdivision and shall be deemed
covenants running with the land. References herein to Developer, if
there be more than one, shall mean each and all of them. The
Agreement, at the option of the City, shall be placed on record so as
to give 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.
B. Final Plat Approval. The City has given final approval to the plat of
MCKEAN SQUARE upon execution and delivery of this
Agreement and of all required documents and security to be supplied
by Developer shall be subject to compliance with the Ordinances of
the City and terms and provisions hereof, permits may be issued by
the City.
C. Inco oration of Reference. All plans, special provisions, proposals,
specifications and contracts for the Improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of
this Agreement by reference. as fully as if set out herein in full.
Specifically the following Planning Reports and Engineering files
and final documentation approved by the City Planner and the City
Engineer are specifically incorporated by reference herein and
included herein as if originally made part of this agreement.
1. December 2, 2002 Letter to Judy Hoist from The Middle St. Croix
Valley Water Management Organization
2. February 13, 2003 Letter to Judy Hoist from Bonestroo, Rosene,
Anderlik and Associates.
3. NAC Planners report of February 7, 2003.
4. Resolution 03 -1244 City Council, City of Oak Park Heights.
5. March 28, 2003. Letter from Bonestroo, Rosene, Anderlik and
Associates to Judy Hoist
6. February 18, 2003 Memorandum to OPH Planning Commission
7. March 12, 2003 letter to Judy Hoist from Middle St. Croix Valley
Water Management Organization.
D. P.U.D. Permit. The City shall issue and file the Planned Unit
Development Permit of record in the office of the County Recorder
E. Administrative and Miscellaneous Expenses. As to any and all
administrative, legal or engineering costs which the Developer is
expected to pay to the City, which costs may be offset against the
security which the Developer has filed and provided to the City, the
Developer shall be given the opportunity to review and comment on
such costs prior to the application by the City of on the security
posted for the payment of same. Should the Developer dispute the
reasonableness of any of the City's charges, Developer shall have the
right to submit any such dispute to arbitration at Developer's sole and
exclusive expense. Arbitration shall be conducted by the American
Arbitration Association and shall be initiated and paid for by
Developer.
F. Establishment of Construction Schedules. The City Engineer shall
establish construction schedules for Plan A and Plan B
Improvements and shall consult with Developer prior to establishing
same.
G. Zoning. MCKEAN SQUARE has been designated a zoning
classification of PUD by the City Council. All future use and
development shall comply with the applicable provisions of the
relevant zoning ordinance of the City relating thereto.
H. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than .5 %.
Landscaping and Plantings. A final landscaping and planting plan,
tree inventory and tree preservation plan shall be developed and
submitted to the City Planner and City Arborist for their approval by
Developer. Developer shall endeavor to obtain such permits as are
needed to place and construct a well on the project site for purposes
o • rovidin_ a source o water or irri ation o the i ro 'ect. 1 a well
is constructed by Developer, it will offer to assist the City with it's
irrr ! ation needs or the • ark aril ities donated to the Ci as ■ art o
the .Boutwell's Landing Development
J. Trash Receptacles. Four trash receptacle areas have been designated
on the site plan for the entire building. All tenants of the building
will be required to utilize these trash receptacles or will be required
to store trash internally.
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K. Signage. A signage plan shall be developed by the Developers and
submitted to the office of the City Planner for review and approval.
L. Historic Church and School. The approvals granted by the City on
February 25, 2003 and herein do not include any consideration of the
areas identified for a possible location of historic structures. Those
areas are excluded from the General Plan approvals granted by the
city and will have to be separately applied for by the applicant when
it is ready to proceed with those projects.
M. Landscape Islands. There shall be no landscape islands allowed in
Nolan parkway.
Alternate #1
N. Trailways and Sidewalks. Developer shall accept and perform all
maintenance and replacement responsibilities for all trail systems
and sidewalks in the Development and in the Boutwell's Landing
Development.
Alternate #2
N. Trailways and Sidewalks. Developer shall accept and perform all
maintenance and replacement responsibilities for all frail systems
and sidewalks in the - AIL A - . 4. _ 1 . Boutwell's Landing
Development that are owned by Developer and have not been
transferred to the City as marked on the attached Exhibit C.
Developer shall have no responsibility for snow plowing streets that
have been transferred to the City.
Alternate #1
D. Ljgkting. Developer shall provide lighting details, including
pole /fixture heights and fixture styles. Plans for all lighting proposed
to be attached to the buildings shall be submitted to the City for
review and approval. All final lighting plans shall be consistent with
Zoning Ordinance lighting standards and subject to City staff review
and approval. Developer shall accept responsibility for maintenance,
operation, and replacement expense for all lighting fixtures in this
development and in the Boutwell's Landing development.
Alternate #2
O. Lighting. Developer shall provide lighting details, including
pole /fixture heights and fixture styles. Plans for all lighting proposed
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In the presence of:
to be attached to the buildings shall be submitted to the eCity for
review and approval. All final lighting plans shall be consistent with
Zoning ordinance lighting standards and subject to eCity staff
review and approval. Developer shall accept responsibility for
maintenance, operation, and replacement expense for all lighting
fixtures in this development that are owned by Developer and not
transferred to the City
pa offsite Easements. Developer shall secure ypon or prior to execution
hereof a deed and/or documents satisfactory to the City Attorney
permanent offsite easements from adjacent landowners to the east of
the development to serve stormwater drainage needs as specified by
the City Engineer. Developer shall also demonstrate marketable title
for such conveyances.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
CITY OF OAK PARK DIGITS
By
Eric Johnson
City Administrator
In the presence of: BY: V S SA Housing and Community Services LLC
By
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i
•
Z
Its
David Beaudet
Mayor
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
On this day of , 2002, before me a Notary Public, within and for
said County personally appeared David Beaudet and Judy Hoist, to me personally known, being
each by me duly sworn did say that they are respectively the Mayor and the Acting Administrator of
the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and
that the seal affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council and said Mayor and Administrator acknowledged said instrument to be the free act and
deed of said municipal corporation.
STATE OF MINNESOTA )
. ss.
COUNTY OF WASHINGTON
On this day of
By
Its
Notary Public
, 2002, before me a Notary Public, within and for
and
duly sworn did say that they are respectively the
of VSSA Housing and Community Services
LLC, named in the foregoing instrument; and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors and said and
acknowledged said instrument to be the free act and deed of said municipal
corporation.
said County personally appeared
to me personally known, being each by me
and
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Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. ierding
Eckberg, Lammers, Briggs, Wolff
Vierling, P.LLL.P.
1 835 Northwestern Avenue
Stillwater, MN 55082
(651) 439.2878
EXHIBIT "A"
PLAT
16
E.X1HBIT "B"
ENGINEERING REQUIREMENTS FOR EROSION CONTROL
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March 28, 2003
Ms. Judy Hoist
Acting City Administrator
City of Oak Park Heights
14168 Oak Park Blvd., P. O. Box 2007
Oak Park Heights, MN 55082-2007
Re:
Dear Judy:
McKean Square
Grading Plans & Specifications Review
BRA File No. 55-03-000
We have reviewed the grading and erosion control plans and specifications for the proposed
McKean Square development (Boutwell's Landing ----- Phase 2) as submitted by Folz, Freeman,
Erickson, Inc. and have the following comments and/or recommendations for your consideration:
Existing Conditions & Demo Plan:
1. The City Arborist should comment on the Existing Conditions & Demo. Plan
(Sheet C1.0) .
Erosion Control Plana
As part of enhancing our erosion & sediment control and inspection services, our company has a
U r ► 41 1, T 1 TN e'l 4 1 t`! t r• 1 - f3 [ ^I 1• .. .0 4 1
8. Specify how stockpiles are to be temporarily covered or seeded if left
undisturbed for more than 7 days at any given time during the construction
project.
9. City approval will be required for hauling excess material to be stockpiled
across 58 Street North. We also recommend a security deposit be retained
for possible damage to the existing street and curb & gutter on 58 Street
North as part of this process.
10.Include a note on the Erosion Control Plan indicating that 16' buffers plus
20' setback limits are to be maintained for all existing wetlands.
Grading Plan:
11.Slope grading and silt fence installation will be occurring on the township
parcel to the east. We recommend verification of the owner's
consent /approval.
12.The actual emergency over flow (EOF) route for Pond 3 will be out of the
catch basins in Nolan Parkway at station 14 +99.58. As such, an EOF
drainage swale needs to be better defined to the southeast between Units 40
and 41 and shown on the grading plan.
13. The 100 -year HWL of Pond 7 is 939.9 and is approximately only 10 feet from the backdoors
of the proposed tow homes along Nolan Avenue North (McKean West). As such, the
proposed EOF at elevation 941.0 to the south needs to be clearly defined, and the street curb
& gutter and boulevard kept below this elevation.
Storm Sewer Plan:
14.Include a note (on Sheet C4.0 and /or C5.0) indicating that exact locations
and elevations of the two 16" steel casings for sanitary sewer and water
main under the Conspan arch bridge shall be verified with the City Engineer
prior to their placing.
Bridge and Retaining walls:
15.The retaining wall on the south side of Nolan Parkway North adjacent to the
pathway is up to 20 feet in height. Some type of protective handrail will
be required on top of this wall (as well as the three other wing walls for
the bridge /culvert). These should be shown the Conspan bridge details
(Sheet C5. 0) .
16.The design and construction of the proposed bridge and retaining walls
adjacent to storm water ponds or internal trails are the responsibility of
the developer's engineer. We will require detailed design shop drawings
and calculations be submitted for our review and approval prior to their
construction.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES INC
Dennis M. Postier, P.E.
cc: Jay Johnson, Public Works Director
Jim Butler, Building Official
Scott Richards, City Planner
Mark Vierling, City Attorney
Kathy Widin, City Arborist
Todd A. Erickson -- Folz, Freeman, Erickson, Inc.
DMP, DDH, File - Bonestroo & Associates
K:155101d1McKean Square - Grading & Erosion Control
Plans Review 3-- 28--03 . doc