HomeMy WebLinkAboutCC Item 3Date: Item No.
BEREAN BAPTIST CHURCH
FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving the
Berean Baptist Church final plat.
Overview
An application for a final plat has been submitted by representatives of Berean Baptist Church for
the development of a church in the RS-3, Single Family Residential District. The final plat consists
of one lot and five outlots. The site is located east of Holyoke Avenue, west of Highview Avenue,
and north of Heritage Drive.
The preliminary plat, conditional use permit, and easement vacation were approved by the City
Council on March 18, 2019. The conditional use permit was for a church in the RS-3 District,
Single Family Residential District with a building height greater than 35 feet.
Primary Issue to Consider
None
Supporting Information
•Resolution approving the final plat
•Signed Development Contract
•Signed Stormwater Maintenance Agreement
•August 9, 2019 Planning report
•August 19, 2019 Engineering report
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: A Sense of Community and Belonging
Report Completed by: Kris Jenson, Associate Planner
August 26, 2019
Zoning and Subdivision Ordinances
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 19-____
RESOLUTION APPROVING THE FINAL PLAT
OF BEREAN BAPTIST CHURCH
WHEREAS, EFH Co., on behalf of Berean Baptist Church, have requested approval
of the final plat of BEREAN BAPTIST CHURCH; and
WHEREAS, the final plat is consistent with the approved Berean Baptist Church
preliminary plat; and
WHEREAS, the final plat is acceptable to the City.
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. The final plat of BEREAN BAPTIST CHURCH is approved subject to the
development contract and security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development
contract, the final plat mylars, and all documents required pursuant to the
development contract.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
ADOPTED by the Lakeville City Council this 26th day of August 2019.
CITY OF LAKEVILLE
Douglas P. Anderson, Mayor
ATTEST:
_______________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. 19-_____is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 26th day of August 2019 as shown by the minutes
of said meeting in my possession.
__________________________
Charlene Friedges
City Clerk
(SEAL)
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Berean Baptist Church
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
BEREAN BAPTIST CHURCH
CONTRACT dated ____________________, 2019, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and BEREAN BAPTIST CHURCH, a Minnesota nonprofit
corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for BEREAN BAPTIST CHURCH (referred to in this Contract as the "plat"). The land is situated in the
County of Dakota, State of Minnesota, and is legally described in Exhibit “A” attached hereto and made a
part hereof:
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, 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
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necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Dakota
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat 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.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the
plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
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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
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Section 11-16-
7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction
activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The
Developer shall submit plans and specifications which have been prepared by a competent registered
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professional engineer to the City for approval by the City Engineer. 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 City may, at the City’s
reasonable discretion and at the Developer’s expense, 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. Within thirty (30) days after the
completion of the improvements 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, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of -Way
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D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. 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 county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2020, with the exception of the final wear course of asphalt on streets. The final wear
course on streets shall be installed between August 15th and October 15th the first summer after the base
layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the extended completion date. Final wear
course placement outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
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accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, 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.
The Developer is responsible for obtaining a MPCA Construction Permit for the site prior to
construction. The permit requires that all erosion and sediment BMPS be clearly outlined in a site’s
SWPPP. Changes made throughout construction must be documented in the SWPPP.
Additional erosion control measures may be required during construction as deemed necessary
by City staff. Any additional measures required shall be installed and maintained by the Developer. The
Developer is responsible for the vegetation maintenance in the new basin areas and the restored Water
Quality Corridor until fully established.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and final establishment of ground cover or temporary stabilization
approved by the City, 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)
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location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and
dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations
and building pads, and all other items listed in City Code Section 10-3-5.NN. The City will withhold
issuance of a Certificate of Occupancy until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer. The Developer certifies to
the City that all 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 the
Certificate of Occupancy.
Prior to the release of the grading and erosion control security, the “as-constructed” plan for the lot
must be submitted to verify that the final as-built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and “as-constructed” grading plan is not timely completed, the City may enter the lot,
perform the work, and draw on the letter of credit. Upon satisfactory completion of the grading, erosion
control and “as-constructed” grading plan, the security, less any draw made by the City, shall be released.
A certified as-built building pad survey must be submitted and approved for commercial, industrial or
institutional developments prior to scheduling a building inspection.
Berean Baptist Church contains more than one acre of site disturbance. A National Pollution
Discharge Elimination System General Stormwater Permit for construction activity is required from the
Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of
the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, 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.
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17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring 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 security. Fees for this service shall be
three percent (3%) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City’s in-house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated
construction cost.
19. STORM SEWER. Development of Berean Baptist Church includes the construction of
private and public storm sewer. Stormwater runoff generated from the Berean Baptist Church site will be
collected and treated by a privately owned and maintained stormwater management basin constructed
by the Developer within Outlot C. The development of the Berean Baptist Church site includes routing
drainage from the Berres Ridge Development east of the site to the Water Quality Corridor through
publicly owned and maintained storm sewer which discharges to the existing regional basin.
The Developer shall enter into a Stormwater Maintenance Agreement with the City as a
requirement of final plat approval. The Developer shall install storm sewer within Lot 1, Block 1 to collect
and convey stormwater runoff to the private stormwater management basin located on Outlot C.
Proposed storm sewer will route drainage from the development to the Water Quality Corridor which
discharges to the existing regional basin. The Developer shall provide a security of $1,000.00 with the
final plat approval to ensure a proper storm sewer connection is made to the City storm sewer system.
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The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and shall be
paid by the Developer upon final plat approval. The Trunk Storm Sewer Area Charge is calculated as
follows:
Gross Area of Berean Baptist Church 873,954.00 s.f.
Less Outlot A (Future Development) (-) 141,993.00 s.f.
Less Outlot B (Wetland and Wetland Buffer) (-) 175,268.00 s.f.
Less Outlot C (Stormwater Management Basin) (-) 60,966.00 s.f.
Less Outlot D (Wetland and Wetland Buffer) (-) 16,123.00 s.f.
Less Area of Holyoke Ave Right-of-Way (-) 39,640.00 s.f.
Total = 439,964.00 s.f.
439,964.00 s.f. x $0.178/s.f. = $78,313.59
Net Area of
Berean Baptist Church
Area Charge Total Trunk Storm Sewer Area Charge
The Developer shall receive a credit to the Trunk Storm Sewer Area Charge for granting Outlots
B and D to the City, calculated at $5,500.00/acre consistent with City policy. The credit will be applied to
the Berean Baptist Church final plat cash fees. The credit is calculated as follows:
4.39 acres x $5,500.00/acre = $24,145.00
Total Area of Outlots B and D
Per Acre Credit Total
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER. The Developer shall extend public sanitary sewer within the site,
within a drainage and utility easement from an existing sanitary sewer stub north of Heritage Drive. The
Developer shall construct a manhole to connect to the existing sanitary sewer service and 8-inch sanitary
sewer shall be extended by the Developer to the site. The Developer shall extend a sewer stub to the
north plat boundary to provide future service to the adjacent parcels consistent with the City Sanitary
Sewer Comprehensive Plan. The Developer shall provide a security of $1,000.00 with the final plat to
ensure a proper sanitary sewer connection is made to the City sanitary sewer system.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be
paid by the Developer upon issuance of a building permit. The fee will be based on the current rate in
effect at the time of issuance of building permit.
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21. WATERMAIN . The Developer shall install watermain connecting to the watermain within
the Holyoke Avenue right-of-way north of the site, east of Holyoke Avenue.
The Developer shall extend public and private watermain within the Berean Baptist Church site to
provide water service to the development. The Developer shall extend a public watermain to the north
and east of Outlot E to provide service to the north for future development. The Developer shall provide
a security of $1,000.00 with the final plat to ensure a proper watermain connection is made to the City
water main system.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the final construction plans.
22. OVERHEAD LINES. Consistent with the requirements of Title 7, Chapter 6 of the City
Code, the Developer shall remove the utility poles and bury the existing utility lines adjacent to the
Berean Baptist Church plat along Highview Avenue. The Developer shall post a security in the amount
of $30,000.00 with the final plat for the burial of the overhead utility lines and poles.
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility
and site construction shall be from a rock construction entrance from Holyoke Avenue, and from Heritage
Drive south of the parcel.
24. HOLYOKE AVENUE IMPROVEMENTS. The Developer shall construct a north-bound
right turn lane and dedicated turn lanes on Holyoke Avenue, across from the existing access to All Saints
Catholic Church, to provide access to Berean Baptist Church. The Developer shall construct the turn
lanes per the design concept provided by the City. The City will provide the Developer with a credit to
widen Holyoke Avenue north of the intersection with 199th Street, and south of the roadway taper. The
City will provide the Developer with a credit of half of the cost of roadway striping. The credit amount will
be determined after the improvements have been constructed and approved by the City.
25. PARKS, TRAILS AND SIDEWALKS. The Park Dedication fee has not been collected on
the parent parcel and shall be paid by the Developer at the time of final plat approval. The park
dedication fee for Berean Baptist is calculated as follows.
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1 unit x $4,294.00/unit = $4,294.00
Lot 1, Block 1, Berean Baptist Church Residential Park Dedication Fee Rate Total
The Developer shall install a sidewalk connection to the existing sidewalk on the north side of
Heritage Drive. The Developer shall provide a security of $1,000.00 to ensure proper connection to the
existing sidewalk with the final plat.
The Developer shall pay a cash fee for its 5/8th share of the future trail construction costs
adjacent to the plat along the east side of Holyoke Avenue adjacent to the Berean Baptist Church plat.
The cash fee, based on an estimate provided by the Developer’s Engineer, shall be submitted with the
final plat, calculated as follows:
$16,457.00 x 5/8 = $10,285.63
Future Trail Construction Cost Developer’s Cost Share Total
26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay a cash fee in the amount of $2,000.00 for traffic control signs which is due with
Berean Baptist Church. If the street signs are installed during frost conditions, the Developer shall pay
an additional $150.00 for each street sign location.
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
1,006.74 feet x $0.2551/front foot/quarter x 4 quarters = $1,027.28
Front Footage Streetlight Operating Fee Total
27. ENVIRONMENTAL RESOURCES EXPENSES. A cash fee for one-year of environmental
resources management expenses shall be paid at the time of final plat approval and is calculated as
follows:
9.06 Acres x 4.2 x $57.52/unit = $2,188.75
Lot 1 Block 1 Utility Factor Environmental Resources Fee Total
28. LANDSCAPING. Landscaping shall be installed by the Developer in accordance with the
approved Landscaping Plan. The Developer shall post a security in the amount of $173,995.00 at the
time of final plat approval to ensure that the landscaping is installed in accordance with the approved
Landscaping Plan.
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29. TREE PRESERVATION. A tree preservation plan was submitted. 204 trees were
identified on the site. The Developer plans to save 27 trees. Any save trees that are removed will
require a 2:1 replacement by the Developer.
30. WETLAND MITIGATION. No impacts are proposed to the wetlands within the project
boundaries. The wetland (Outlot B) and Vermillion Water Quality Corridor will be deeded to the City.
The developer is restoring the Vermillion Water Quality Corridor and will be responsible for the
establishment of the native vegetation until fully established. A management plan including a schedule
for the establishment and a minimum of three (3) years maintenance must be submitted by the
Developer to the City for review prior to issuance of a building permit to ensure proper seeding and
maintenance. The Developer shall post a $4,000.00 security upon final plat approval to ensure proper
restoration of the corridor. The Developer shall install Natural Area signs along all wetland and waterway
buffers. The Developer shall post a security in the amount of $1,050.00 upon final plat approval to
ensure proper installation of signs. Final locations will be identified in the field.
31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the August 19, 2019 Planning Report and
August 19, 2019 Engineering Report.
B. Before the City signs the final plat, the Developer shall convey Outlots B and D to the City by
warranty deed, free and clear of any and all encumbrances. This land will be conveyed to the
City at an agreed upon price of $5,500.00 per acre and is calculated as follows:
4.39 acres x $5,500.00 = $24,145.00
C. The Developer shall construct a private driveway connection from the site to provide a roadway
access to Heritage Drive, via an existing roadway stub.
D. The Developer shall construct 199th Street with the plat of Berean Baptist Church. The
Developer shall dedicate right-of-way to the north of 199th Street for future street connection.
The Developer shall maintain 199th Street until the connection to the north is made.
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E. Prior to City Council approval of the final plat, the Developer shall f urnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $600.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 6
lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's
land surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition, the certificate of survey must also include a certification that all irons
for a specific lot have either been found or set prior to the issuance of a building permit for that
lot.
F. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $540.00.
G. The Developer shall be responsible for the cost of street light installation consistent with a street
lighting plan approved by the City. Before the City signs the final plat, the Developer shall post
a security for street light installation consistent with the approved plan. The estimated amount
of this security is $1,400.00 and consists of one (1) mast arm light at $1,400.00 each.
H. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $810,398.20. If an alternate security is furnished,
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the Developer shall also furnish a letter of credit for twenty-five percent (25%) of the alternate security
amount to cover any contract increases. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer $66,451.00
B. Watermain 88,232.50
C. Storm Sewer 58,400.00
D. 199th Street Construction 93,828.00
E. Sidewalk Connection 1,000.00
F. Storm Sewer Connection 1,000.00
G. Sanitary Sewer Connection 1,000.00
H. Watermain Connection 1,000.00
I. Holyoke Avenue Improvements 200,000.00
E. Erosion Control and Restoration 26,625.00
CONSTRUCTION SUB-TOTAL $537,536.50
OTHER COSTS:
A. Developer’s Design (3.0%) $16,126.10
B. Developer’s Construction Survey (2.5%) 13,438.41
C. City Legal Expenses (Est. 0.5%) 2,687.68
D. City Construction Observation (Est. 5.0%) 26,876.83
E. Developer’s Record Drawings (0.5%) 2,687.68
F. Removal of Overhead Utilities 30,000.00
G. Native Seeding and Maintenance (3yrs)
within Outlot B 4,000.00
H. Natural Area Signs 1,050.00
I. Landscaping 173,995.00
J. Street Lights 1,400.00
K. Lot Corners/Iron Monuments 600.00
OTHER COSTS SUB-TOTAL $272,861.70
TOTAL SECURITIES: $810,398.20
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without
notice if the security is allowed to lapse prior to the end of the required term. If the required public
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improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may
also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the
default. Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval the security may be reduced from time to
time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the
amounts certified by the Developer's engineer shall be retained as security until all improvements have
been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City
Council. The City’s standard specifications for utility and street construction outline procedures for security
reductions.
33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Sanitary Sewer Availability Charge Collected With Building Permit
B. Park Dedication Fee 4,294.00
C. Trunk Storm Sewer Area Charge 78,313.59
D. Future Holyoke Avenue Trail Escrow 10,285.63
E. Traffic Control Signs 2,000.00
F. Streetlight Operating Fee 1,027.28
G. Environmental Resources Management Fee 2,188.75
H. City Base Map Updating Fee 540.00
I. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 16,126.10
TOTAL CASH REQUIREMENTS $114,775.35
CREDITS TO THE CASH REQUIREMENTS
Outlots B and D (Deeded to the City) (Trunk Storm Sewer) $24,145.00
SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS = 24,145.00
TOTAL CASH REQUIREMENTS $90,630.35
Berean Baptist Church
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Additional credits will be applied for the Holyoke Avenue Improvements as stipulated in the August 19th
Engineering Report after the final construction plans are approved and the final costs are determined:
34. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. 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. The City’s standard specifications for utility and
street construction identify the procedures for final acceptance of streets and utilities.
35. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, 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 Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City 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 and development. The Developer 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.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
Berean Baptist Church
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D. 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 Contract. 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.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. 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 availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
36. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, 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 Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
37. MISCELLANEOUS.
A. The Developer represents to the City that the plat 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 City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
Berean Baptist Church
203723v4 18
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of a permanent or temporary certificate of occupancy.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public 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 and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. 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 Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In
the event this Contract is recorded, the City covenants to provide a recordable Certificate of
Completion promptly upon the completion of the work and responsibilities required herein,
payment of all costs and fees required and compliance with all terms of the Contract. The
Developer covenants with the City, its successors and assigns, that the Developer is well
Berean Baptist Church
203723v4 19
seized in fee title of the property being final platted and/or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
cause to be taken out and maintained until six (6) months after the City has accepted the
public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
Berean Baptist Church
203723v4 20
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City. A copy of the endorsement must be submitted
with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. 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 existing may be exercised from time to time as often
Berean Baptist Church
203723v4 21
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract 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, until the City’s issuance of a
Certificate of Completion and Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: Berean Baptist Church, c/o Kay Larson, 309 County Road 42 East, Burnsville, MN
55306 Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator, or mailed to the City by certified mail in care of the City Administrator at the following
address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044.
Berean Baptist Church
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CITY OF LAKEVILLE
BY: ___________________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND __________________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2019, by Douglas P. Anderson and by Charlene Friedges, the Mayor and City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
______________________________________________
NOTARY PUBLIC
Berean Baptist Church
203723v4 24
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
THRIVENT FINANCIAL FOR LUTHERANS, a Wisconsin corporation, which holds:
A Real Estate Mortgage and Security Agreement dated January 11, 2018, filed January 17, 2018, as
Document No. 3232759, executed by Berean Baptist Church, a Minnesota nonprofit corporation, as
mortgagor, to Thrivent Financial for Lutherans, a Wisconsin corporation, as mortgagee, in the original
principal amount of $1,590,000.00;
AND
An Assignment of Leases and Rents dated January 11, 2018, filed January 17, 2018, as Document No.
3232760, executed by Berean Baptist Church, a Minnesota nonprofit corporation, as assignor, to Thrivent
Financial for Lutherans, a Wisconsin corporation, as assignee;
on the subject property, the development of which is governed by the foregoing Development Contract,
agrees that the Development Contract shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this _____ day of ____________, 2019.
______________________________________
______________________________________
STATE OF _____________ )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of ________________,
2019, by _________________________________, the ________________________________ of
Thrivent Financial for Lutherans, a Wisconsin corporation, on behalf of said corporation.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
Berean Baptist Church
203723v4 25
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
BEREAN BAPTIST CHURCH
Commencing at the Southeast corner of Section 20; thence Westerly a distance of 475 feet along section
line; thence North a distance of 175 feet; thence East parallel with said section line a distance of 475 feet
to Easterly line of said Section; thence South along Easterly line a distance of 175 feet to point of
beginning, all in Section 20, Township 114, Range 20, Dakota County, Minnesota.
AND
The South Half of the Southeast Quarter of the Southeast Quarter of Section 20, Township 114, Range 20,
Dakota County, Minnesota, EXCEPTING a parcel commencing at the Southeast corner of Section 20;
thence Westerly a distance of 475 feet along section line; thence North a distance of 175 feet; thence East
parallel with said section line a distance of 475 feet to Easterly line of said Section; thence South along
Easterly line a distance of 175 feet to point of beginning, all in Section 20, Township 114, Range 20,
Dakota County, Minnesota.
AND
Outlot C, Heritage Walk, Dakota County, Minnesota.
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202240v4
STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
AND EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the ______ day of _____________,
2019, by and between Berean Baptist Church, a Minnesota nonprofit corporation (the (“Owner”)
and the City of Lakeville, a Minnesota municipal corporation (the “City”).
RECITALS
A. The Owner and/or affiliate of Owner is the owner of certain real property located
in Dakota County, Minnesota legally described in Exhibit A attached hereto ("Property"); and
B. The Owner is proceeding to build on and develop the Property, and has requested
City approval of the site plan (“Site Plan Approval”) for the proposed development; and
C. The final plans for Berean Baptist Church, hereinafter called the "Plans",
submitted in support of the Site Plan Approval, which are expressly made a part hereof, as
approved or to be approved by the City, provides for detention/retention of stormwater within the
confines of the Property; and
D. The City and the Owner agree that the health, safety, and welfare of the residents
of the City of Lakeville, Minnesota, require that on-site stormwater management/BMP facilities
be constructed and maintained on the Property; and
E. The City requires that on-site stormwater management/BMP facilities
(“Stormwater Facilities”) as shown on the Plans be constructed and adequately maintained by the
Owner as a condition of final site plan approval of the Property as set forth on Exhibit B attached
hereto; and
F. As a condition of final site plan approval the Owner is required to enter into this
Agreement and grant to the City an easement for access, drainage and utility over a portion of the
Property (the “Easement Area”) legally described on Exhibit B attached hereto to comply with work
required under the terms of this Agreement.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Construction of Stormwater Improvements. Owner shall construct the
Stormwater Facilities in accordance with the plans and specifications identified in the Plans.
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202240v4
2. Maintenance of Stormwater Improvements.
A. The Owner shall adequately maintain the Stormwater Facilities in accordance with
the Stormwater Maintenance Plan and the City engineering standards for stormwater treatment
facilities attached hereto as Exhibit C. This includes all pipes, channels, and other conveyances
built to convey stormwater to the facility, as well as all structures, improvements, and vegetation
provided to control the quantity and quality of the stormwater. Adequate maintenance is herein
defined as good working condition so that these facilities are performing their design functions.
B. The Owner will perform the work necessary to keep these Stormwater Facilities in
good working order as appropriate. In the event a maintenance schedule for the Stormwater
Facilities (including sediment removal) is outlined on the approved plans, the schedule will be
followed and comply with all federal, state, and local regulations relating to the disposal of
material.
3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be
inspected and submit an inspection report annually and shall be responsible for the payment of any
associated costs. The purpose of the inspection is to assure safe and proper functioning of the
facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access
roads, buffers, etc. Deficiencies shall be noted in the inspection report. A storage treatment basin
will be considered inadequate if it is not compliant with all requirements of the approved Plan and
City engineering standards set forth in Exhibit C.
4. City Access and Maintenance Rights.
A. The Owner hereby grants permission to the City, its authorized agents and
employees, to enter upon the Property and to inspect the stormwater management/BMP facilities
whenever the City deems necessary. The City shall provide the Owner, its successors and assigns,
copies of the inspection findings and a directive to commence with the repairs if necessary
(“Inspection Report”).
B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater
Facilities in good working condition acceptable to the City and such failure continues for 60 days
after the City gives the Owner written notice of such failure, the City may enter upon the Property
and take whatever steps necessary, including excavation and the storage of materials and
equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall
specifically state which maintenance tasks are to be performed. The City may charge the costs,
including assessing the City’s costs to the Owner’s property taxes of such repairs, to the Owner,
its successors and assigns. This provision shall not be construed to allow the City to erect any
structure of permanent nature on the land of the Owner outside of the Easement Area for the
Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation
to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be
construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will
be, solely responsible to address complaints and legal claims brought by any third party with regard
to the maintenance and operation and the consequences there from the Stormwater Facilities. The
Owner expressly agrees to defend and hold the City harmless from any such third-party claim.
3
202240v4
5. Grant of Easement. Owner hereby grants to the City, its successors and assigns,
a permanent non-exclusive easement for the purpose of accessing and maintaining the Stormwater
Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement
Area. The easement shall include the rights, but not the obligation, of the City, its contractors,
agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair,
and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain,
pave, and excavate the Easement Area, and the further right to remove trees, bushes, undergrowth,
and other obstructions interfering with the location, construction, and maintenance of said private
Stormwater Facilities systems.
6. Reimbursement of Costs. The Owner agrees to reimburse the City for all costs
incurred by the City in the enforcement of this Agreement, or any portion thereof, including court
costs and reasonable attorneys' fees.
7. Indemnification. This Agreement imposes no liability of any kind whatsoever on
the City. The Owner hereby agrees to indemnify and hold harmless the City and its agents and
employees against any and all claims, demands, losses, damages, and expenses (including
reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or
employee's negligent or intentional acts, or any violation of any safety law, regulation or code in
the performance of this Agreement, without regard to any inspection or review made or not made
by the City, its agents or employees or failure by the City, its agents or employees to take any other
prudent precautions. In the event the City, upon the failure of the Owner to comply with any
conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement,
the Owner shall indemnify and hold harmless the City, its employees, agents and representatives
for its own negligent acts in the performance of the Owner’s required work under this Agreement,
but this indemnification shall not extend to intentional or grossly negligent acts.
8. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by certified or registered mail and addressed as follows:
To the Owner : Berean Baptist Church
C/O Kay Larson
309 County Road 42 East
Burnsville, MN 55306
To the City: City of Lakeville
20195 Holyoke Avenue
Lakeville, Minnesota 55044
Attn: City Administrator
All notices given hereunder shall be deemed given when personally delivered or two business days
after being placed in the mail properly addressed as provided herein.
9. Successors/Covenants Run with Property. All duties and obligations of Developer
under this Agreement shall also be duties and obligations of Developer’s successors and assigns.
The terms and conditions of this Agreement shall run with the Property.
5
202240v4
CITY OF LAKEVILLE
By:
Douglas P. Anderson, Mayor
(SEAL)
And:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2019, by Douglas P. Anderson and by Charlene Friedges, the Mayor and City
Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/smt
6
202240v4
EXHIBIT A
TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
The land to which this Stormwater Maintenance Agreement applies is legally described as follows:
Outlot C, BEREAN BAPTIST CHURCH, Dakota County, Minnesota, according to the recorded
plat thereof.
7
202240v4
EXHIBIT B
TO
STORMWATER MAINTENANCE AGREEMENT
Legal description of the Easement
Outlot C, BEREAN BAPTIST CHURCH, according to the recorded plat thereof, Dakota County,
Minnesota.
8
202240v4
EXHIBIT B Page 2
9
202240v4
EXHIBIT C
CITY OF LAKEVILLE
ENGINEERING STANDARDS FOR STORM WATER
TREATMENT FACILITIES
Pond Maintenance Requirements
1. Annual inspection, maintenance reporting and certification by a professional
engineer
(Provided by Owner). Information must be submitted to the City annually.
2. Excavate pond to original design capacity when one half (1/2) of the wet volume
of the pond is lost due to sediment deposition.
3. Remove floatable debris in and around the pond area including, but not limited to:
oils, gases, debris and other pollutants.
4. Maintain landscape adjacent to the facility per original design, including but not
limited to: maintenance of the buffer strip and other plant materials as per original
plan design.
5. Maintenance of all erosion control measures including but not limited to: rip rap
storm sewer outlets, catch basin inlets, etc.
Infiltration/Rain Garden Maintenance Requirements
1. Inlet and Overflow Spillway – Remove any sediment build-up or blockage and
correct any erosion.
2. Vegetation
a. Maintain at least 80% surface area coverage of plants approved per plan.
b. Removal of invasive plants and undesirable woody vegetation.
c. Removal of dried, dead and diseased vegetation.
d. Re-mulch void or disturbed/exposed areas.
3. Annual inspection and maintenance efforts must be documented and submitted to
the City.
Underground Infiltration System
1. Inspection of street or parking surface must be inspected for evidence of potholes,
sinkholes, sediment build up, or surface ponding annually.
2. Annual inspections must be completed of pipe symmetry, pipe joint connections, and
outlet structures to look for cracks, defects, misalignment, or seepage.
3. Inspection for accumulation of sediment must be done annually, maintenance should
be performed when sediment accumulation occurs.
4. Visual inspection for trash and debris must be conducted monthly and following rain
events of 1 inch or greater in 24 hours.
10
202240v4
5. Inspections must be performed annually to look for oil accumulation in device or
immediately after a spill occurs. Maintenance must be done when a layer of
oil/gasoline develops on the surface.
Environmental Manhole Maintenance Requirements
1. Annual inspections, maintenance reporting and certification must be completed by a
professional engineer licensed in the State of Minnesota at Owner’s expense.
Information must be submitted to the City annually.
2. Maintenance must be performed once the sediment or oil depth exceeds
the established requirements recommended by the manufacturer.
3. Maintenance must occur immediately after a spill takes place. Appropriate regulatory
agencies must also be notified in the event of a spill.
4. Disposal of materials shall be in accordance with local, state and federal requirements
as applicable.
11
202240v4
MORTGAGE HOLDER CONSENT
TO
STORMWATER MAINTENANCE AGREEMENT
THRIVENT FINANCIAL FOR LUTHERANS, a Wisconsin corporation, which holds:
A Real Estate Mortgage and Security Agreement dated January 11, 2018, filed January 17, 2018, as
Document No. 3232759, executed by Berean Baptist Church, a Minnesota nonprofit corporation, as
mortgagor, to Thrivent Financial for Lutherans, a Wisconsin corporation, as mortgagee, in the
original principal amount of $1,590,000.00;
AND
An Assignment of Leases and Rents dated January 11, 2018, filed January 17, 2018, as Document
No. 3232760, executed by Berean Baptist Church, a Minnesota nonprofit corporation, as assignor,
to Thrivent Financial for Lutherans, a Wisconsin corporation, as assignee;
on the subject property, the development of which is governed by the foregoing Stormwater
Maintenance Agreement, agrees that the Stormwater Maintenance Agreement shall remain in full
force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2019.
12
202240v4
By: ______________________________________
Its
By: ______________________________________
Its
STATE OF _____________ )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of
____________________________, 2019, by _________________________________, the
________________________________ and __________________________________ the
________________________________ of Thrivent Financial for Lutherans, a Wisconsin
corporation, on behalf of said corporation.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
1
City of Lakeville
Planning Department
Memorandum
To: Daryl Morey, Planning Director
From: Kris Jenson, Associate Planner
Date: August 1, 2019
Subject: Berean Baptist Church Final Plat
Application Action Deadline: October 10, 2019
INTRODUCTION
EFH Co., on behalf of Berean Baptist Church, has submitted an application and plans for the
final plat of Berean Baptist Church, which includes one lot located east of Holyoke Avenue,
north of Heritage Drive, and west of Highview Avenue. The Berean Baptist Church preliminary
plat and Conditional Use Permit were approved by the City Council on March 18, 2019; the
final plat is consistent with the approved preliminary plat. The final plat plans have been
reviewed by Engineering and Parks and Recreation staff.
EXHIBITS
A. Aerial Photo Map
B. Zoning Map
C. Approved Preliminary Plat
D. Final Plat
PLANNING ANALYSIS
Existing Conditions. The Berean Baptist Church final plat area consists of one parcel. The site
is currently undeveloped. (Exhibit A)
Zoning. The subject property is zoned RS-3, Single Family Residential District which allows
religious institution uses by conditional use permit.
Lots/Blocks. The proposed lot is 9.06 acres and over 600 feet wide. The lot exceeds the
minimum lot area and width requirements for the RS-3 District.
2
Setbacks. The Berean Baptist Church shall comply with the RS-3 District building setback
requirements.
Outlots. There are five outlots proposed with the Berean Baptist Church final plat.
Outlot A: 3.26 acre outlot that will be retained by the church.
Outlot B: 4.02 acre outlot consisting of the existing stormwater management basin and
wetlands that will be deeded to the City.
Outlot C: 1.40 acre outlot consisting of a stormwater management basin that will be
retained by the church.
Outlot D: 0.37 acre outlot consisting of a water channel that will be deeded to the City with
the final plat.
Outlot E: 0.29 acre outlot to be retained by the church for a possible future monument
sign.
Streets & Right-of-Way. Berean Baptist Church is adjacent to Holyoke Avenue and Highview
Avenue, which are identified as major collector and minor collector roadways, respectively, in
the City’s Transportation Plan. The additional right of way required to be dedicated for each
of these streets is shown on the Berean Baptist Church plat.
Trails/Sidewalks. The developer will provide a cash fee for its portion of the future trail
connection along Holyoke Avenue. A sidewalk connection will be provided along the
driveway on site to Heritage Drive.
Park Dedication. A cash contribution of $4,294.00 is required to satisfy the Park Dedication
requirement for Berean Baptist Church. Please see the August 19, 2019 engineering report for
more details.
Wetlands. A wetland delineation has been completed for the site. No impacts are proposed
to the wetlands. Additional information is included in the August 19, 2019 engineering report.
Tree Preservation. The site includes 204 significant trees, with 27 trees (13.2%) to be saved.
Grading, Drainage, Erosion Control and Utilities. The final plat includes grading, drainage,
erosion control, and utility plans. Grading, drainage, erosion control, and utilities are
discussed in more detail in the August 19, 2019 engineering report.
RECOMMENDATION
The Berean Baptist Church final plat is consistent with the approved preliminary plat and
complies with the requirements of the Zoning and Subdivision Ordinances. Planning
Department staff recommends approval of the Berean Baptist Church final plat subject to the
following conditions:
1. The recommendations listed in the August 19, 2019 engineering report.
3
2. Landscaping shall be installed consistent with the approved landscape plan. A
$173,995.00 security shall be submitted to guarantee installation of the approved
landscaping.
3. The developer shall pay $4,294.00 in park dedication fees with the final plat.
±
202ND ST (CSAH 50)
200TH ST
HERITAGE DR
HOLISTE R LN
199TH CTHOLYOKE AVEHIGHVIEW AVEHIAWATHA CTHEXHAMWAYHOMEFIRE WAY HOLDINGFORD WAYHOLLOWAY LNProposed Berean
Church site
HOLT AVEAll Saints
Church
Lakeville
City Hall Fire Station
No. 1
Heritage
Center
Heritage
Library
City of LakevilleBerean Baptist ChurchFinal PlatEXHIBIT A
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P/OS
P/OS
RM-1
RS -3
RS -3
RS -4
PUD
P/OS
RM-2
Berean Church Site
All Saints
Church
PUD
RS -3
HERITAGE DRHOLYOKE AVEHIGHVIEW AVE202ND ST (CSAH 50)HOLT AVEO-R HOLLIST E R LNHOLLOWAY LNHOLDINGFORD WAY199TH CT
HOMEFIRE WAY
City o f LakevilleBerean ChurchFinal PlatEXHIBIT B
00-SURV-118124-BASE.DWGPreliminary PlatABCDEFGH1234567HGFED7654321Copyright Pioneer Engineering, P.A.NameDateReg. No.DateItemSheet No.Sheet TitleComm. No.DrawnThis Sheet may bea Reduced Copy.The bar above is 1" long on a Full Size Sheet.Drawing Scales apply to Full Size Sheets.N
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N This document may be an electronic file or maybe printed from an electronic file provided tothe user. It is the sole responsibility of the userto ensure that the content and quality isconsistent with the content and quality of thepaper documents on file at BWBR.CBAIssued ForConsultants651.222.3701Saint Paul, MN 55102380 St. Peter Street, Ste. 600bwbr.comKeyplanLakeville CampusI hereby certify that this survey, plan, or report was preparedby me or under my direct supervision and that I am a dulyLicensed Land Surveyor under the laws of the State of Minnesota.3.2018125.0002/07/2019CUP / PRELIM PLAT ISSUE09/21/2018Mendota Heights, MN 551202422 Enterprise Drive(651) 681-1914www.pioneereng.com42299Peter J. HawkinsonCUP / PLAT RESUBMISSION01/04/2019CUP / PLAT RESUB COMMENTS02/07/2019NJK203.VP
CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS
CIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTS
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Kris Jenson, Associate Planner
From: Christina Orlowsky, Project Engineer
McKenzie L. Cafferty, Environmental Resources Manager
John Hennen, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Daryl Morey, Planning Director
Jerilyn Erickson, Finance Director
Gene Abbott, Building Official
Date: August 19, 2019
Subject: Berean Baptist Church
• Final Plat Review
• Grading and Erosion Control Plan Review
• Utility Plan Review
• Tree Preservation Plan Review
• Site Plan Review
BBAACCKKGGRROOUUNNDD
EFH Co. has submitted a final plat named Berean Baptist Church. The proposed project is
located east of and adjacent to Holyoke Avenue, west of and adjacent to Highview Avenue
and north of and adjacent to Heritage Drive. The parent parcel consists of two metes and
bounds parcels (PID 220200084011 and PID 220200084012) and Outlot C of Heritage Walk,
zoned RS-3, Single Family Residential.
The final plat consists of one (1) lot, within one (1) block, and five (5) outlots on 20.06 acres.
The Developer is dedicating 0.91 acres as Holyoke Avenue right-of-way.
BBEERREEAANN BBAAPPTTIISSTT CCHHUURRCCHH –– FFIINNAALL PPLLAATT
AAUUGGUUSSTT 1199,, 22001199
PPAAGGEE 22 OOFF 99
The outlots created with the final plat shall have the following use:
Outlot A: Future Development; to be retained by the Developer (3.26 acres)
Outlot B: Wetland and Wetland Buffer; to be deeded to the City (4.02 acres)
Outlot C: Private Stormwater Management Basin; to be retained by the Developer (1.40
acres)
Outlot D: Wetland and Wetland Buffer; to be deeded to the City (0.37 acres)
Outlot E: Privately owned and maintained monument sign; to be retained by the
Developer (0.29 acres)
The proposed site will be completed by:
Developer: EFH Co.
Engineer/Surveyor: Pioneer Engineering
SSIITTEE CCOONNDDIITTIIOONNSS
The Berean Baptist Church site is partially wooded, undeveloped land with a regional
stormwater basin located in the southern portion of the site and wetlands on the western
portion of the site. Existing storm sewer located on the eastern portion of the site routes
stormwater from the adjacent development to the east of the site and will remain with the
project. The site generally drains from north to south. Existing overhead power lines are
located along the west side of Highview Avenue. The Developer began mass grading the site
in July 2019 through issuance of a grading permit following City Council approval of the
preliminary plat.
EEAASSEEMMEENNTTSS
The parent parcel contained an existing public drainage and utility easement recorded with
the Heritage Walk plat on Outlot C. These easements will be vacated with the final plat.
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Holyoke Avenue
Berean Baptist Church is located east of and adjacent to Holyoke Avenue, a major collector as
identified in the City’s Transportation Plan. Holyoke Avenue adjacent to Berean Baptist
Church is currently constructed as a rural roadway section. The Developer is dedicating the
necessary right-of-way as shown on the final plat.
The Developer shall construct a north-bound right turn lane and dedicated turn lanes on
Holyoke Avenue, across from the existing access to All Saints Catholic Church, to provide
access to Berean Baptist Church. The Developer shall construct the turn lanes per the design
provided by the City. The City will provide the Developer with a credit to widen Holyoke
Avenue north of the intersection with 199th Street, and south of the roadway taper. The City
will credit the Developer half of the estimated cost of roadway striping. The credit amount
will be determined after the improvements have been constructed and approved by the City.
BBEERREEAANN BBAAPPTTIISSTT CCHHUURRCCHH –– FFIINNAALL PPLLAATT
AAUUGGUUSSTT 1199,, 22001199
PPAAGGEE 33 OOFF 99
Highview Avenue
Berean Baptist Church is located west of and adjacent to Highview Avenue, a local roadway.
Highview Avenue adjacent to Berean Baptist Church is currently constructed as a gravel rural
roadway section. The Developer shall dedicate 20-40 feet of right of way with the final plat
along the west side of Highview Avenue adjacent to the plat. No access is proposed to
connect to Highview Avenue with the church site improvements.
Heritage Drive
Berean Baptist Church is located north of and adjacent to Heritage Drive, a minor collector
roadway as identified in the City’s Transportation Plan. No additional right-of-way is required
with the plat. The Developer proposes to construct a private driveway connection from the
site to provide a roadway access to Heritage Drive, via an existing roadway stub.
199th Street
Berean Baptist Church is proposing the construction of 199th Street with the final plat. The
Developer is dedicating 60 feet of right-of-way to the north of 199th Street for future street
connection. 199th Street will provide future roadway access to Holyoke Avenue for future
properties to the north. The Developer shall maintain 199th Street until the connection to the
north is made.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and site construction shall be from a
rock construction entrance from Holyoke Avenue, and from Heritage Drive south of the
parcel.
SSIITTEE PPLLAANN
Construction of the Berean Baptist Church site includes a proposed church facility, parking
lots, utilities, and stormwater management basin. The site is designed to allow for future
expansion of the proposed building and parking areas. The site will have access from Holyoke
Avenue as well as from Heritage Drive.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
The Park Dedication fee has not been collected on the parent parcel and shall be paid at the
time of final plat approval. The park dedication fee for Berean Baptist is calculated as follows.
1 unit x $4,294.00/unit = $4,294.00
Lot 1, Block 1, Berean Baptist Church Residential Park Dedication Fee Rate Total
The Developer is proposing a sidewalk connection to the existing sidewalk on the north side
of Heritage Drive. The Developer shall provide a security of $1,000 to ensure proper
connection to the existing sidewalk with the final plat.
BBEERREEAANN BBAAPPTTIISSTT CCHHUURRCCHH –– FFIINNAALL PPLLAATT
AAUUGGUUSSTT 1199,, 22001199
PPAAGGEE 44 OOFF 99
The Developer shall provide a cash escrow for its 5/8th share of the future trail construction
costs adjacent to the plat along the east side of Holyoke Avenue adjacent to the Berean
Baptist Church plat. The cash fee, based on an estimate provided by the Developer’s Engineer,
shall be submitted with the final plat, calculated as follows:
$16,457.00 x 5/8 = $10,285.63
Future Trail Construction Cost Developer’s Cost Share Total
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
Berean Baptist Church is located within subdistrict SC-10760 of the South Creek sanitary
sewer district as identified in the City’s Sewer Plan. Wastewater will be conveyed to the MCES
Elko/New Market Interceptor and continue to the Empire Wastewater Treatment Facility.
Facilities have sufficient capacity to serve the proposed development.
Public sanitary sewer will be extended within the site, in a drainage and utility easement, from
an existing sanitary sewer stub north of Heritage Drive. A manhole will be constructed to
connect to the existing sanitary sewer service and 8-inch sanitary sewer will be extended to
the site. A sewer stub will be extended to the north plat boundary to provide future service to
the adjacent parcels consistent with the City’s Sanitary Sewer Comprehensive Plan. A security
of $1,000.00 will be collected for the proposed sanitary sewer service connection with the
final plat.
The Sanitary Sewer Availability Charge is due for the parent parcels. The Sanitary Sewer
Availability Charge shall be based on the SAC Unit determination and will be collected with
the building permit.
WWAATTEERRMMAAIINN
Development of Berean Baptist Church includes connection to an existing 8-inch watermain
within the Holyoke Avenue right-of-way north of the site, east of Holyoke Avenue.
Public and private watermain will be extended within the Berean Baptist Church site to
provide water service to the development. A public watermain will be extended to the north
and east of Outlot E to provide service to the adjacent parcels to the north for future
development. A security of $1,000.00 will be collected for the proposed watermain
connection with the final plat.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the final construction plans.
OOVVEERRHHEEAADD LLIINNEESS
BBEERREEAANN BBAAPPTTIISSTT CCHHUURRCCHH –– FFIINNAALL PPLLAATT
AAUUGGUUSSTT 1199,, 22001199
PPAAGGEE 55 OOFF 99
Consistent with the requirements of Chapter 7-6 of the City Ordinance, the Developer shall
remove the utility poles and bury the existing utility lines adjacent to the Berean Baptist
Church plat along Highview Avenue. A $30,000 security shall be submitted with the final plat
for the burial of the overhead utility lines and poles.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Berean Baptist Church is located within subdistrict SC-50 of the South Creek stormwater
district as identified in the City’s Water Resources Management Plan.
Stormwater runoff generated from the Berean Baptist Church site will be collected and
treated by a privately owned and maintained stormwater management basin constructed
within Outlot C. The basin will provide water quality treatment and rate control of the
stormwater runoff generated from the Berean Baptist Church site. The stormwater
management designs are consistent with City requirements. A Stormwater Maintenance
Agreement is required with the final plat.
The development of the Berean Baptist Church site includes routing drainage from the Berres
Ridge Development east of the site to the Water Quality Corridor which discharges to the
existing regional basin all of which is publicly owned and maintained storm sewer.
The existing onsite regional stormwater basin was constructed with the Heritage Walk plat to
meet the stormwater management standards established at that time. The Developer shall
construct a stormwater basin to provide water quality treatment, volume reduction and rate
control of the stormwater runoff generated from the proposed site improvements to meet
current stormwater management standards.
The final grading plan shall identify all fill lots in which the building footings will be placed on
fill material. The grading specifications shall also indicate that all embankments meet
FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings
placed on fill material are appropriately constructed.
Berean Baptist Church contains more than one acre of site disturbance. A National Pollution
Discharge Elimination System General Stormwater Permit for construction activity is required
from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed
by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the
City upon receipt from the MPCA.
Outlot D will be dedicated to the City and contains the Vermillion River Watershed’s Water
Quality Corridor. Outlot D contains the required corridor and buffer per the Vermillion River
Watershed requirements.
SSTTOORRMM SSEEWWEERR
Development of Berean Baptist Church includes the construction of private storm sewer.
Storm sewer will be installed within Lot 1, Block 1 to collect and convey stormwater runoff to
BBEERREEAANN BBAAPPTTIISSTT CCHHUURRCCHH –– FFIINNAALL PPLLAATT
AAUUGGUUSSTT 1199,, 22001199
PPAAGGEE 66 OOFF 99
the private stormwater management basin located on Outlot C. Proposed storm sewer will
route drainage from the development to the Water Quality Corridor which discharges to the
existing regional basin. A security of $1,000.00 will be collected for the proposed storm sewer
connection and removal of existing storm sewer structure with the final plat.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and shall be
paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows:
Gross Area of Berean Baptist Church 873,954.00 s.f.
Less Outlot A (Future Development) (-) 141,993.00 s.f.
Less Outlot B (Wetland and Wetland Buffer) (-) 175,268.00 s.f.
Less Outlot C (Stormwater Management Basin) (-) 60,966.00 s.f.
Less Outlot D (Wetland and Wetland Buffer) (-) 16,123.00 s.f.
Less Area of Holyoke Ave Right-of-Way (-) 39,640.00 s.f.
Total = 439,964.00 s.f.
439,964.00 s.f. x $0.178/s.f. = $78,313.59
Net Area of
Berean Baptist Church
Area Charge Total Trunk Storm Sewer Area Charge
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots
B and D to the City, calculated at $5,500/acre consistent with City policy. The credit will be
applied to the Berean Baptist Church final plat cash fees. The credit is calculated as follows:
4.39 acres x $5,500/acre = $24,145.00
Total Area of Outlots B and D
Per Acre Credit Total
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
FEMA FLOODPLAIN ANALYSIS
Berean Baptist Church is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the
Federal Emergency Management Agency (FEMA). Based on this designation, there are no
areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA.
WWEETTLLAANNDDSS
The wetland delineation for the site was conducted on 6/8/2015 by Midwest Natural
Resources, Inc. and detailed in the report dated 7/23/2015. Four areas were investigated, two
wetlands were identified within the project boundaries. Wetland B is a stormwater basin and
Wetland A is 11,320 sq. ft. just northeast of the stormwater basin.
The Notice of Application was sent out 9/9/2015. No comments were received during the
comment period. Based on the information provided in the report dated 7/23/2015 and site
BBEERREEAANN BBAAPPTTIISSTT CCHHUURRCCHH –– FFIINNAALL PPLLAATT
AAUUGGUUSSTT 1199,, 22001199
PPAAGGEE 77 OOFF 99
visit, the wetland delineation for the area outlined in the report has been determined to be
acceptable for use in implementing the Wetland Conservation Act.
No impacts are proposed to the wetlands. The wetland (Outlot B) and Vermillion Water
Quality Corridor will be deeded to the City. The developer is restoring the Vermillion Water
Quality Corridor and will be responsible for the establishment of the native vegetation until
fully established. A management plan including a schedule for the establishment and a
minimum of 3 years of maintenance must be submitted to the City for review prior to
issuance of any building permits to ensure proper seeding and maintenance. Natural Area
signs will be required along all wetland and waterway buffers. A security of $1,050 will be
required with the final plat to ensure proper installation of signs. Final locations will be
identified in the field.
TTRREEEE PPRREESSEERRVVAATTIIOONN
A tree preservation plan was submitted. 204 trees were identified on the site. The Developer
plans to save 27 trees. Any save trees that are removed will require a 2:1 replacement.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer is responsible for obtaining a MPCA Construction Permit for the site prior to
construction. The permit requires that all erosion and sediment BMPS be clearly outlined in a
site’s SWPPP. Changes made throughout construction must be documented in the SWPPP.
Additional erosion control measures may be required during construction as deemed
necessary by City staff. Any additional measures required shall be installed and maintained by
the Developer. The Developer is responsible for the vegetation maintenance in the new basin
areas and the restored Water Quality Corridor until fully established.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Berean Baptist Church. Construction costs are based upon
estimates submitted by the Developer’s engineer on August 16, 2019.
CONSTRUCTION COSTS
Sanitary Sewer $ 66,451.00
Watermain 88,232.50
Storm Sewer 58,400.00
199th Street Construction 93,828.00
Sidewalk Connection 1,000.00
Storm Sewer Connection 1,000.00
Sanitary Sewer Connection 1,000.00
Watermain Connection 1,000.00
Holyoke Avenue Improvements 200,000.00
BBEERREEAANN BBAAPPTTIISSTT CCHHUURRCCHH –– FFIINNAALL PPLLAATT
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PPAAGGEE 88 OOFF 99
Erosion Control and Restoration 26,625.00
SUBTOTAL - CONSTRUCTION COSTS $ 535,536.50
The Developer provided the City with a security prior to submittal of the final plat application
for Grading of the site following City Council approval of the preliminary plat. An additional
security is required for erosion control and restoration. The security previously collected for
grading was removed from these security totals.
OTHER COSTS
Developer’s Design (3.0%) $ 16,126.10
Developer’s Construction Survey (2.5%) 13,438.41
City’s Legal Expense (0.5%) 2,687.68
City Construction Observation (5.0%) 26,876.83
Developer’s Record Drawing (0.5%) 2,687.68
Remove Overhead Utilities 30,000.00
Native Seeding and maintenance (3yrs) within Outlot
B
4,000.00
Natural Area Signs 1,050.00
Landscaping 173,995.00
Street Lights 1,400.00
Lot Corners/Iron Monuments 600.00
SUBTOTAL - OTHER COSTS $272,861.70
TOTAL PROJECT SECURITY $810,398.20
The street light security totals $1,400.00 which consists of one (1) mast-arm street lights at
$1,400 each.
The Developer shall post a security to ensure the final placement of iron monuments at
property corners with the final plat. The security is $100.00 per lot and outlot for a total of
$600.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all
irons have been placed following site grading, street and utility construction.
CCAASSHH FFEEEESS
A $1,000.00 cash fee for traffic control signs is due with Berean Baptist. If the street signs are
installed during frost conditions, the Developer shall pay an additional $150.00 for each street
sign location.
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
1,006.74 feet x $0.2551/front foot/quarter x 4 quarters = $1,027.28
Front Footage Streetlight Operating Fee Total
BBEERREEAANN BBAAPPTTIISSTT CCHHUURRCCHH –– FFIINNAALL PPLLAATT
AAUUGGUUSSTT 1199,, 22001199
PPAAGGEE 99 OOFF 99
A cash fee for one-year of environmental resources management expenses shall be paid at
the time of final plat approval and is calculated as follows:
9.06 Acres x 4.2 x $57.52/unit = $2,188.75
Lot 1 Block 1 Utility Factor Environmental Resources Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid at the time of final plat approval and is calculated as follows:
6 units x $90.00/unit = $540.00
Lots/Outlots City Base Map Updating Fee Total
The Developer shall submit the final plat and construction drawings in an electronic format.
The electronic format shall be in either .dwg (AutoCAD) or .dxf format.
The Developer shall also pay a cash fee for City Engineering Administration. The fee for City
Engineering Administration will be based on three percent (3.00%) of the estimated
construction cost, or $16,126.10.
CASH REQUIREMENTS
Sanitary Sewer Availability Charge
Park Dedication Fee
Collected with Building Permit
4,294.00
Trunk Storm Sewer Area Charge 78,313.59
Future Holyoke Avenue Trail Escrow 10,285.63
Traffic Control Signs 2,000.00
Streetlight Operating Fee 1,027.28
Environmental Resources Management Fee 2,188.75
City Base Map Updating Fee 540.00
City Engineering Administration (3.00%) 16,126.10
SUBTOTAL - CASH REQUIREMENTS $114,775.35
CREDITS TO THE CASH REQUIREMENTS
Outlots B and D (Deeded to the City) (Trunk Storm Sewer) $ 24,145.00
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS = $ 24,145.00
TOTAL CASH REQUIREMENTS $90,630.35
Additional credits will be applied for the Holyoke Avenue improvements as stipulated in this
report after the final construction plans are approved and the final costs are determined.
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the final plat, grading and erosion control plan, utility
plan, tree preservation plan, and site plan for Berean Baptist Church, subject to the
requirements and stipulations within this report.