HomeMy WebLinkAboutItem 06.g
Date: Item No.
GLACIER CREEK FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving the
Glacier Creek final plat.
Overview
Glacier Creek, LLC has submitted a final plat application for 47 attached townhome lots, two
common area lots, and three outlots on 23.0 acres of land located east of Cedar Avenue (CSAH 23)
and south of 179th Street (future CSAH 9). The Glacier Creek preliminary plat of 99 single family
and 116 attached townhome lots was approved by the City Council on April 6, 2020. The Glacier
Creek final plat is consistent with the approved preliminary plat.
Primary Issue to Consider
None
Supporting Information
• Final plat resolution
• Signed development contract
• July 27, 2019 Planning and Engineering Reports
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: Zoning & Subdivision Ordinances
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Kris Jenson, Associate Planner
August 17, 2020
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 20-______
RESOLUTION APPROVING THE FINAL PLAT OF GLACIER CREEK
WHEREAS, the owner of the property described as GLACIER CREEK has requested final
plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks,
Recreation and Natural Resources Committee and approved by the City Council; and
WHEREAS, the final plat is consistent with the preliminary plat; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. GLACIER CREEK final plat is approved subject to the development contract and
security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract
and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
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ADOPTED by the Lakeville City Council this 17th day of August 2020.
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. _________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 17th day of August 2020 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
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
GLACIER CREEK
CONTRACT dated ____________________, 2020, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and GLACIER CREEK, LLC, a Minnesota limited liability
company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for GLACIER CREEK (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
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
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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
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
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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
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
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approved City standards as a condition of City acceptance. In addition, the City may, at the City’s
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
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
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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, 2021, 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 or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District 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
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
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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.
All previously disturbed farm areas within the creek buffer and stormwater basins need
restoration with native seed mix (33-261) and must be maintained by the Developer until fully
established. A restoration plan must be submitted to the City for review. A security will be held until the
area is fully established.
Additional erosion control measures may be required during construction as deemed necessary
by City staff or the Vermillion River Watershed JPO. Any additional measures required shall be installed
and maintained by the Developer.
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 before the City approves individual building permits (except
three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the
City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm
water treatment/infiltration basins and swales, have been constructed on public easements or land owned
by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross
sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
“conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City
Code Section 10-3-5.NN. The City will withhold issuance of building permits 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
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Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been
monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and
testing report, including referenced development phases and lot descriptions, shall be submitted to the
Building Official for review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the
City to guarantee compliance with the erosion control and grading requirements and the submittal of an
as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control
security that is submitted with the building permit, an as-built certificate of survey for single family lots 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-built survey is not timely completed, the City may enter the lot, perform the work,
and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
Glacier Creek 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, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
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.
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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. The Trunk Storm Sewer Area Charge has not been collected on the
parent parcel and must be paid with the Glacier Creek final plat, calculated as follows:
Trunk Storm Sewer Area Charge Summary
Gross Area of Glacier Creek 1,017,814.00 s.f.
Less Area of Outlot A (Future Development) (-) 423,527.00 s.f.
Less Area of Outlot B (Stormwater Management Basin, wetlands and
buffers, and VRWJPO Principal Water Corridor)
(-) 250,973.00 s.f.
Less Area of Outlot C (Wetlands and buffers, and VRWJPO Principal
Water Corridor)
(-) 3,304.00 s.f.
Total = 340,010.00 s.f.
340,010.00 s.f. x $0.198/s.f. = $67,321.98
Net Area of
Glacier Creek
Multi Family
Area Charge
Total Trunk
Storm Sewer Area Charge
The remainder of the Trunk Storm Sewer Area Charge will be collected at the time Outlot A is
final platted into lots and blocks at the rate in effect at the time of final plat approval.
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots B and C
calculated as follows:
5.84 acres x $5,500/acre = $32,120.00
Outlots B and C
Per Acre Credit Total
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20. SANITARY SEWER. Development of the subdivision includes connection and extension
of the existing gravity sewer at the intersection of Glacier Way and 181st Street by the Developer.
Construction of this sanitary sewer shall be determined with the final construction plans. Options
includes open cutting the roadway to expose the bottom of the manhole or directional drilling the sewer.
In either option, the Developer shall maintain traffic to the existing adjacent properties at all times during
the connection of the sanitary sewer and restore the street, driveways, yards, irrigation and any other
improvements to their existing conditions. The Developer shall post a $25,000.00 security with the final
plat for the connection to the existing sanitary sewer and restoration of disturbed areas.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be
paid with the final plat, calculated as follows:
47 units x $327.00 = $15,369.00
Total Units 2020 Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge required
21. WATERMAIN. Consistent with the City’s Water Plan, trunk watermain extensions are
required to be completed with the final plat. The Developer shall extend the 12-inch trunk watermain
from the north plat boundary, along 181st Street and Garland Path.
The City will credit the Developer’s final plat cash fees $21,470.00 for the oversizing of the trunk
watermain in the development. The credit is based on the cost difference between 8-inch watermain and
the oversized watermain that will be installed by the Developer.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility
and street construction shall be from a single construction entrance on 181st Street at Glacier Way.
Construction parking shall not be permitted on Glacier Way, 181st Street west of Glacier Way, or any
other existing local roadways. Access to the existing adjacent local roadways shall be limited as much
as feasible for the development construction.
23. GLACIER WAY STREET IMPROVEMENTS. The Developer shall post a $75,000.00
security with the final plat for the cost of the future extension of Glacier Way to the south plat boundary.
The security will be released upon approval of the Phase 2 final plat when a new security is furnished to
replace it.
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24. PARKS, TRAILS, AND SIDEWALKS. The Park Dedication requirement has not been
satisfied on the parent parcel and will be required to be paid in cash with the final plat, calculated as
follows:
47 lots x $3,068.00 = $144,196.00
Lots in Phase 1 Park Dedication Fee
Medium Density
Park Dedication Required
with Phase 1 Final Plat
The remainder of the park dedication fee will be collected at the time Outlot A is final platted into
lots and blocks.
The Developer shall install 5-foot wide concrete sidewalks, with pedestrian curb ramps, along one
side of all local streets. The Developer shall construct and extend a bituminous trail along the east side
of Glacier Way (8-ft wide) adjacent to Outlots A and B with the Phase 2 final plat.
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A $2,600.00
cash fee for traffic control signs is due with Glacier Creek. 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:
47 units x $40.48/unit = $1,902.56
Dwelling Units Streetlight Operating Fee Total
26. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for
one-year of environmental resources management expenses due at the time of final plat approval which
is calculated as follows:
47 units x $66.16/unit = $3,109.52
Dwelling Units Environmental Resources
Management Fee
Total
27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to
insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches
caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be
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planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side
yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be
planted within sixty (60) days after a home has received a certificate of occupancy. Before a building
permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance
with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may
enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion
of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer or property owner is responsible for
contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent
(50%) of the security will be released when all the landscaping has been installed and inspected by City
staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and
any warranty work has been completed.
Landscaping shall be installed in accordance with the approved landscape plan. The
Developer shall post an $88,525.00 landscaping security at the time of final plat approval to ensure that
the landscaping is installed in accordance with the approved plan.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the July 27, 2020 Planning Report and July
27, 2020, Engineering Report.
B. Before the City signs the final plat, the Developer shall convey Outlots B and C to the City by
warranty deed, free and clear of any and all encumbrances.
C. The Developer shall install a temporary turnaround on the east end of 181st Street until it is
extended to the east with the second phase of the Glacier Creek development. The temporary
turnaround must be paved within one year of construction unless the roadway is extended.
Before the City signs the final plat, the Developer shall furnish the City an appropriately
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executed public temporary turnaround easement, in recordable form, and shall also provide a
$2,500.00 escrow to guarantee removal and restoration of the temporary turnaround.
D. Development of the attached townhomes with commonly owned base lots will require
establishment of a homeowners association to own and maintain Lot 29, Block 1, and Lot 20,
Block 2. Documents establishing a homeowners association for Glacier Creek must be
submitted by the Developer with application for final plat approval. The HOA documents are
subject to review and approval of the City Attorney.
E. Prior to City Council approval of the final plat, the Developer shall furnish 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 $5,200.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 52
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 $4,680.00.
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 $7,400.00 and consists of five (5) post-top street lights at $1,200.00, and 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.,
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grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
29. 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 $2,231,526.92. If an alternate security is furnished,
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 $368,384.00
B. Watermain 296,622.00
C. Storm Sewer/Draintile 391,518.00
D. Street Construction 431,684.00
E. Erosion Control and Restoration 70,000.00
CONSTRUCTION SUB-TOTAL $1,558,208.00
OTHER COSTS:
A. Developer’s Design (3.0%) $46,746.24
B. Developer’s Construction Survey (2.5%) 38,955.20
C. City Legal Expenses (Est. 0.5%) 7,791.04
D. City Construction Observation (Est. 5.0%) 77,910.40
E. Developer’s Record Drawings (0.5%) 7,791.04
F. Glacier Way Extension 75,000.00
G. 181st Street Sanitary Sewer Connection 25,000.00
H. Native Seeding and Maintenance (3yrs) within Outlots B and C 30,000.00
I. Landscaping 88,525.00
J. Street Lights 7,400.00
K. Lot Corners/Iron Monuments 5,200.00
OTHER COSTS SUB-TOTAL $673,318.92
SUB-TOTAL SECURITIES: $2,231,526.92
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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
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 tim e 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.
30. 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. Park Dedication 144,196.00
B. Sanitary Sewer Availability Charge 15,369.00
C. Trunk Storm Sewer Area Charge 67,321.98
D. Future Removal of 181st Street Cul-de-Sac 2,500.00
E. Traffic Control Signs 2,600.00
F. Street Light Operating Fee 1,902.56
G. Environmental Resources Expenses 3,109.52
H. City Base Map Updating 4,680.00
I. City Engineering Administration 46,746.24 (3% for letters of credit or 3.25% for alternate disbursement)
SUBTOTAL CASH REQUIREMENTS $288,425.30
15
211004v5 Glacier Creek
CREDITS TO THE CASH REQUIREMENTS
Watermain Oversizing (Trunk Water Fund) $21,470.00
Outlots B and (Deeded to the City) (Trunk Storm Sewer) 32,120.00
SUBTOTAL –CREDITS TO THE CASH REQUIREMENTS $53,590.00
TOTAL CASH REQUIREMENTS $234,835.30
31. 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.
32. 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.
16
211004v5 Glacier Creek
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
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.
33. 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.
34. 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
17
211004v5 Glacier Creek
comply, the City may, at its option, refuse to allow construction or development work in the plat
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 any building permits, except three (3) model homes on lots acceptable to the
Building Official. Approval of an administrative permit in compliance with Chapter 27 of the
City’s zoning ordinance is required prior to the construction of any model homes.
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, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
18
211004v5 Glacier Creek
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. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the
Developer is well 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
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211004v5 Glacier Creek
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
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 and (iii) shall identify the name of the plat. 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,
20
211004v5 Glacier Creek
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
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.
21
211004v5 Glacier Creek
35. 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: 221 River Ridge Circle South, Suite 100, Burnsville, Minnesota 55337. 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.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
22
211004v5 Glacier Creek
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 ______________,
2020, 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
24
211004v5 Glacier Creek
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
TRADITION CAPITAL BANK, a Minnesota banking corporation, which holds a mortgage executed
by Glacier Creek, LLC, a Minnesota limited liability company, dated November 20, 2019, filed December 3,
2019, as Document No. 3341003 with the office of the County Recorder, Dakota County, Minnesota in the
amount of $1,170,000.00 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 ____________, 2020.
TRADITION CAPITAL BANK
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2020, by ___________________________________ the ___________________________________ of
Tradition Capital Bank, a Minnesota banking 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
25
211004v5 Glacier Creek
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
GLACIER CREEK
The Northwest Quarter of Section 15, Township 114, Range 20 West, Dakota County, Minnesota,
EXCEPT the following parcels:
The West 1650.35 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West.
And
That part of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, described as
follows: Beginning at the Southeast corner of the West 1650.35 feet of said Northwest Quarter; thence
North along the East line of the West 1650.35 feet a distance of 1846.86 feet; thence Southeasterly to a
point on the South line of said Northwest Quarter which is 31.94 feet East of the point of beginning; thence
West along said South line 31.94 feet to the point of beginning.
And
All that part thereof lying south of the following described line:
Beginning at the southeast corner of Outlot V, Avonlea, according to the recorded plat thereof said Dakota
County; thence North 57 degrees 59 minutes 48 seconds East (for purposes of this description the East
line of Outlot V is assumed to have a bearing of South 01 degrees 52 minutes 17 seconds East), a
distance of 156.12 feet; thence South 83 degrees 00 minutes 25 seconds East, a distance of 334.17 feet;
thence South 71 degrees 53 minutes 56 seconds East, a distance of 558.44 feet to the East line of said
Northwest Quarter and there terminating.
City of Lakeville
Planning Department
Memorandum
To: Daryl Morey, Planning Director
From: Kris Jenson, Associate Planner
Date: July 27, 2020
Subject: Glacier Creek final plat
Action Deadline: August 21, 2020
BACKGROUND
Glacier Creek, LLC has applied for a final plat to allow the development of 47
townhome lots on 23.37 acres to be known as Glacier Creek. The Glacier Creek final
plat is located south of 179th Street (future CSAH 9), east of Glacier Way and west of the
municipal boundary with Farmington. The Glacier Creek final plat plans have been
reviewed by Engineering and Parks and Recreation staff.
EXHIBITS
A. Aerial Map
B. Approved preliminary plat
C. Final Plat
PLANNING ANALYSIS
FINAL PLAT
Zoning. The property to be platted is zoned RM-1, Medium Density Residential
District. Attached townhomes are a permitted use within the RM-1 District.
Existing Conditions. The development site consists of two parcels. The use on the
property has been primarily undeveloped agricultural land (Exhibit A).
Density. The Glacier Creek preliminary plat consists of 47 attached townhome lots,
two common area lots, and two outlots on 23.37 acres. This results in a gross density of
2.01 units per acre. Excluding stormwater management ponds and future
development areas, the net density is 6.03 units per acre.
2
TOWNHOME DEVELOPMENT STANDARDS
Lot Requirements. The following minimum requirements for attached townhome
building setbacks in the RM-1 District pertain to the Glacier Creek preliminary plat:
Base
Lot
Between
Buildings
Front Yard (to ROW) Front Yard (to
Private Drive)
RM-1 30 feet 20 feet 20 feet (front)
25 feet (garage)
30 feet (to back of
curb)
The proposed unit lots shown on the Glacier Creek final plat have sufficient area to
accommodate attached townhome units. A homeowner’s association will be required
to be established for ownership and maintenance of the two common lots shown on
the final plat.
The RM-1 District requires at least 5,000 square feet per unit. The Glacier Creek final
plat has an average of just over 5,498 square feet per unit for the attached townhomes
area, which exceeds the minimum lot area per unit requirements of the RM-1 District.
Outlots. There are two outlots totaling 15.56 acres in the Glacier Creek final plat. The
use of the proposed outlots will be as follows:
Outlot A – 9.72 acre outlot for future development that will be retained by the
owner.
Outlot B – 5.76 acre outlot consisting of a stormwater management basin that will
be deeded to the City with the final plat.
Streets. The following is a summary of streets proposed with the Glacier Creek final
plat. Additional detailed information is outlined in the Engineering Division
memorandum dated July 27, 2020.
Glacier Way – Glacier Way is west of and adjacent to the property and is classified as a
minor collector roadway in the City’s Transportation Plan. Glacier Way will be
extended from its existing terminus to the south plat boundary, which will include the
removal of the existing temporary turnaround. A five-foot-wide sidewalk will be
extended south on the west side of the street and an eight-foot-wide bituminous trail
will be extended south on the east side of the street.
181st Street – 181st Street is a local street that will be extended east of Glacier Way to
the city boundary with Farmington. It is a 32-foot-wide urban street within a 60-foot-
wide right of way with a five-foot-wide sidewalk along the north side of the street. A
temporary cul-de-sac, barricade and “Future Street Extension” will be required at the
east terminus of the street. The Developer will be required to dedicate a temporary
turnaround easement and provide a $2,500 cash escrow for the removal and
restoration of the easement area with the final plat.
All streets meet the minimum width and design requirements of the Subdivision
Ordinance.
Sidewalks/Trails. The developer will construct a five-foot-wide concrete sidewalk
along the north side of 181st Street and the west side of Glacier Way. An eight-foot-
3
wide bituminous trail will be constructed by the developer on the east side of Glacier
Way, extending south from the existing trail constructed with the Avonlea
development.
Park Dedication. Park dedication for the Glacier Creek final plat will be satisfied
through payment of the Park Dedication Fee with the final plat. See the July 27, 2020
engineering memo for more information.
Tree Preservation. There were 29 significant trees located within the Glacier Creek
preliminary plat boundaries, all of which are located south of Middle Creek. None of
the identified trees are located with the Glacier Creek final plat boundary.
Wetlands. A wetland delineation has been completed and the information and data
has been incorporated into the final plat plans. One wetland was identified on the site.
Mac Cafferty has reviewed the wetland delineation report. His comments are included
in the July 27, 2020 engineering report.
Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage,
erosion control, and utilities for the Glacier Creek final plat is shown on the grading,
drainage and erosion control and utility plans. All existing and new local utilities shall
be placed underground.
Grading, drainage, erosion control, and utilities details are outlined in the July 27, 2020
engineering report prepared by Alex Jordan, Assistant City Engineer and Mac Cafferty,
Environmental Resources Manager.
RECOMMENDATION
The Glacier Creek final plat is consistent with the approved preliminary plat and
complies with the requirements of the zoning and Subdivision Ordinance. Planning
Department staff recommends approval of the Glacier Creek final plat, subject to the
following stipulations:
1. The recommendations listed in the July 27, 2020 engineering report.
2. The developer shall construct five-foot-wide concrete sidewalks on the north
side of 181st Street and the west side of Glacier Way as shown on the final plat
plans as well as an eight-foot-wide bituminous trail along the east side of
Glacier Way as shown on the plans.
3. Outlot B shall be deeded to the City with the final plat.
4. A temporary cul-de-sac, barricade and “Future Street Extension” must be
placed at the east terminus of 181st Street.
5. A homeowner’s association must be established for ownership and
maintenance of the common area townhome lots.
±
Glacier
Creek
Final
Plat
area
Glacier Creek
FinalPlat
City of Lakeville
EXHIBIT AGLACIER WAY181ST STCEDAR AVE (CSAH 23)City of
Farmington
179TH ST (FUTURE CSAH 9)GLANSHAW AVE
c
23OFGLACIER CREEK
LAKEVILLE, MINNESOTA
BRANDL ANDERSON
4555 ERIN DRIVE, SUITE 120
9-20-2019
JMM
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2018 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
EAGAN, MINNESOTA 55122
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Surveyor
under the laws of the State of Minnesota 42299
Peter J. Hawkinson
00-SURV-119038-BASE.DWG
1. 12-1-19 City Comments
9-20-19
2. 2-5-20 City Comments3. 2-28-20 City Comments4. 3-30-20 City Comments
2.1PRELIMINARY PLAT
KSO
c
23OFGLACIER CREEK
LAKEVILLE, MINNESOTA
BRANDL ANDERSON
4555 ERIN DRIVE, SUITE 120
9-20-2019
JMM
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2018 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
EAGAN, MINNESOTA 55122
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Surveyor
under the laws of the State of Minnesota 42299
Peter J. Hawkinson
00-SURV-119038-BASE.DWG
1. 12-1-19 City Comments
9-20-19
2. 2-5-20 City Comments3. 2-28-20 City Comments4. 3-30-20 City Comments
c
23OFGLACIER CREEK
LAKEVILLE, MINNESOTA
BRANDL ANDERSON
4555 ERIN DRIVE, SUITE 120
9-20-2019
JMM
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2018 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
EAGAN, MINNESOTA 55122
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Surveyor
under the laws of the State of Minnesota 42299
Peter J. Hawkinson
00-SURV-119038-BASE.DWG
1. 12-1-19 City Comments
9-20-19
2. 2-5-20 City Comments3. 2-28-20 City Comments4. 3-30-20 City Comments
c
23OFGLACIER CREEK
LAKEVILLE, MINNESOTA
BRANDL ANDERSON
4555 ERIN DRIVE, SUITE 120
9-20-2019
JMM
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2018 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
EAGAN, MINNESOTA 55122
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Surveyor
under the laws of the State of Minnesota 42299
Peter J. Hawkinson
00-SURV-119038-BASE.DWG
1. 12-1-19 City Comments
9-20-19
2. 2-5-20 City Comments3. 2-28-20 City Comments4. 3-30-20 City Comments
c
23OFGLACIER CREEK
LAKEVILLE, MINNESOTA
BRANDL ANDERSON
4555 ERIN DRIVE, SUITE 120
9-20-2019
JMM
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2018 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
EAGAN, MINNESOTA 55122
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Surveyor
under the laws of the State of Minnesota 42299
Peter J. Hawkinson
00-SURV-119038-BASE.DWG
1. 12-1-19 City Comments
9-20-19
2. 2-5-20 City Comments3. 2-28-20 City Comments4. 3-30-20 City Comments
2.2PRELIMINARY PLAT
KSO
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Engineer
under the laws of the State of Minnesota
c
23OFGLACIER CREEK
LAKEVILLE, MINNESOTA
BRANDL ANDERSON
4555 ERIN DRIVE, SUITE 120
9-20-2019
JMM
Name
Reg. No.Date
Revisions Date
Designed
Drawn
2018 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
EAGAN, MINNESOTA 55122
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Surveyor
under the laws of the State of Minnesota 42299
Peter J. Hawkinson
00-SURV-119038-BASE.DWG
1. 12-1-19 City Comments
9-20-19
2. 2-5-20 City Comments3. 2-28-20 City Comments4. 3-30-20 City Comments
2.3PRELIMINARY PLAT
KSO
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Kris Jenson, Associate Planner
From: Alex Jordan, Assistant City Engineer
McKenzie L. Cafferty, Environmental Resources Manager
John Hennen, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Jerilyn Erickson, Finance Director
Gene Abbott, Building Official
Daryl Morey, Planning Director
Date: July 27, 2020
Subject: Glacier Creek
• Final Plat Review
• Grading and Erosion Control Plan Review
• Utility Plan Review
• Tree Preservation Review
BBAACCKKGGRROOUUNNDD
Glacier Creek, LLC has submitted a final plat named Glacier Creek. This is the first phase of the
approved Glacier Creek preliminary plat, approved by the City Council on April 6, 2020. The
proposed subdivision is located east of and adjacent to Glacier Way, north of future 185th
Street (Future CSAH 60), and south of 179th Street (Future CSAH 9). The parent parcel is a
metes and bounds parcel (PID No. 220150025013), zoned RM-1 (Medium Density Residential).
A portion of the parent parcel was rezoned from RA to RM-1 (Medium Density Residential)
with the preliminary plat consistent with the 2040 Land Use Plan.
The final plat consists of one forty-seven (47) attached townhome lots, two (2) common HOA
lots within two (2) blocks and three (3) outlots on 23.37 acres.
The outlots created with the final plat shall have the following use:
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Outlot A: Future Development; to be retained by the Developer (9.73 acres)
Outlot B: Stormwater Management Basin, wetlands and buffers, and Vermillion River
Watershed Joint Powers Organization Principal Water Corridor; to be deeded to
the City (5.77 acres)
Outlot C: Wetlands and buffers, and Vermillion River Watershed Joint Powers
Organization Principal Water Corridor; to be deeded to the City (0.07 acres)
The proposed development will be completed by:
Developer: Glacier Creek, LLC
Engineer/Surveyor: Pioneer Engineering, P.A.
SSIITTEE CCOONNDDIITTIIOONNSS
The Glacier Creek site is vacant agricultural land located north of and adjacent to Vermillion
River Watershed Joint Powers Organization (VRWJPO) Principal Connector and buffers. The
site generally drains from the west to east towards the water corridor.
EEAASSEEMMEENNTTSS
The title commitment did not identify any existing easements on the parent parcel.
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Glacier Way
Glacier Creek is located east of, adjacent to, and along Glacier Way, a minor collector roadway
as identified in the City’s Transportation Plan. Glacier Way is currently constructed as a two-
lane undivided urban roadway adjacent to the plat north of Street B of the preliminary plat.
The construction and extension of Glacier Way will be required with Phase 2 of the Glacier
Creek preliminary plat from its existing terminus to serve the portion of the preliminary plat
south of the Creek. Glacier Way will be designed as a 40-ft wide two-lane urban roadway with
a trail along the east side and sidewalk along the west side of the street. The Developer is
dedicating the necessary right of way as shown on the final plat.
The Developer shall post a $75,000 security with the final plat for the cost of the future
extension of Glacier Way to the south plat boundary. The security will be released upon
approval of the Phase 2 final plat when a new security is furnished to replace it.
The future extension of Glacier Way will require a crossing of Middle Creek, a Vermillion River
Watershed Joint Powers Organization Principal Water Corridor. The Developer is currently
preparing options for the City to consider for the crossing including a bridge, prefabricated
culvert, and concrete box culverts, among others. The creek crossing design will be finalized
with the second phase final plat.
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181st Street
Development of Glacier Creek includes the construction and extension of 181st Street, a local
roadway. 181st Street is designed as 32-foot wide urban roadway with a 5-foot sidewalk along
the north side of the street. 181st Street will provide a connection and access to Glacier Way to
the west and will terminate in a temporary cul-de-sac at the east plat boundary. The
Developer shall dedicate a temporary turnaround easement, provide a $2,500 cash escrow for
the removal and restoration of the easement area with the final plat and install “Future Street
Extension” signs and barricades at the end of the street. The Developer is dedicating 60-feet
of right-of-way.
Garland Path
Development of Glacier Creek includes the construction of Garland Path, a local roadway.
Garland Path is designed as a 32-foot wide urban roadway with a sidewalk along the west
side of the street. A “Future Street Extension” sign and barricades must be placed at the south
end of the street until it is extended in the future. The Developer is dedicating 60-feet of right-
of-way.
Private Drives
Development of Glacier Creek includes the construction several private drives and parking
areas serving the multi-family residential development. The Developer shall be responsible
for the maintenance of the private drives and parking areas outside of the right-of-way and
shall dedicate to the City a permanent utility easement over the public utilities (sanitary sewer
and watermain) to be installed within the private areas.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and street construction shall be from
a single construction entrance on 181st Street at Glacier Way. Construction parking shall not
be permitted on Glacier Way, 181st Street west of Glacier Way or any other existing local
roadways. Access to the existing adjacent local roadways shall be limited as much as feasible
for the development construction.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
The Park Dedication requirement has not been satisfied on the parent parcel and will be
required to be paid in cash with the final plat, calculated as follows:
47 lots x $3,068.00 = $144,196.00
Lots in Phase 1 Park Dedication Fee
Medium Density
Park Dedication Required
with Phase 1 Final Plat
The remainder of the park dedication fee will be collected at the time Outlot A is final platted
into lots and blocks.
Development of Glacier Creek includes the construction of public trails and sidewalks. 5-foot
wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all
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local streets. The Developer shall construct and extend a bituminous trail along the east side
of Glacier Way (8-ft wide) adjacent to Outlots A and B with the Phase 2 final plat.
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
Glacier Creek is located within subdistricts NC-20140 of the North Creek sanitary sewer district
as identified in the City’s Sewer Plan.
The wastewater from the development will be conveyed via existing trunk sanitary sewer to
the MCES Interceptor and continue to the Empire Wastewater Treatment Facility.
Development of the subdivision includes connection and extension of the existing gravity
sewer at the intersection of Glacier Way and 181st Street. Construction of this sanitary sewer
shall be determined with the final construction plans. Options includes open cutting the
roadway to expose the bottom of the manhole or directional drilling the sewer. In either
option, the Developer shall maintain traffic to the existing adjacent properties at all times
during the connection of the sanitary sewer and restore the street, driveways, yards, irrigation
and any other improvements to their existing conditions. The Developer shall post a $25,000
security with the final plat for the connection to the existing sanitary sewer and restoration of
disturbed areas.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall
be paid with the final plat, calculated as follows:
47 units x $327.00 = $15,369.00
Total Units 2020 Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge required
WWAATTEERRMMAAIINN
Development of Glacier Creek includes the extension of public watermain. Watermain will be
extended within the development to provide water service to the subdivision.
Consistent with the City’s Water Plan, trunk watermain extensions are required to be
completed with the final plat. The Developer shall extend the 12-inch trunk watermain from
the north plat boundary, along 181st Street and Garland Path.
The City will credit the Developer’s final plat cash fees $21,470.00 for the oversizing of the
trunk watermain in the development. The credit is based on the cost difference between 8-
inch watermain and the oversized watermain that will be installed.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Glacier Creek is located within subdistricts FO-004 and FO-044 of the Farmington stormwater
district as identified in the City’s Water Resources Management Plan.
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Development of Glacier Creek includes the construction of public stormwater management
basins to collect and treat the stormwater runoff generated from the site. The basins will
provide water quality treatment and rate control of the stormwater runoff generated from the
subdivision. Due to the high elevation of groundwater and in-situ clay soils, infiltration is not
feasible in the majority of the development. Water quality will be provided through
construction of filtration basins on Outlots B and C.
The stormwater management basins will be located within Outlots B and C which will be
deeded to the City with the final plat. The stormwater basin designs include an aquatic safety
bench and shall include a skimming device designed for the 10-year event, consistent with
City requirements.
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. Building permits will not be issued until
a soils report and an as-built certified grading plan have been submitted and approved by
City staff.
Glacier Creek 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.
SSTTOORRMM SSEEWWEERR
Development of Glacier Creek includes the construction of public storm sewer systems. Storm
sewer will be installed within the subdivision to collect and convey stormwater runoff
generated from within the public right-of-way and lots to the public stormwater
management basins located within Outlot B.
Draintile construction is required in areas of non-granular soils within Glacier Creek for the
street sub-cuts and lots. Any additional draintile construction, including perimeter draintile
required for building footings, which is deemed necessary during construction shall be the
developer’s responsibility to install and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be
paid with the Glacier Creek final plat, calculated as follows:
Outlot A: Future Development; to be retained by the Developer (9.73 acres)
Outlot B: Stormwater Management Basin, wetlands and buffers, and Vermillion River
Watershed Joint Powers Organization Principal Water Corridor; to be deeded to
the City (5.77 acres)
Outlot C: Wetlands and buffers, and Vermillion River Watershed Joint Powers
Organization Principal Water Corridor; to be deeded to the City (0.07 acres)
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Trunk Storm Sewer Area Charge Summary
Gross Area of Glacier Creek 1,017,814.00 s.f.
Less Area of Outlot A (Future Development) (-) 423,527.00 s.f.
Less Area of Outlot B (Stormwater Management Basin, wetlands and
buffers, and VRWJPO Principal Water Corridor)
(-) 250,973.00 s.f.
Less Area of Outlot C (Wetlands and buffers, and VRWJPO Principal
Water Corridor)
(-) 3,304.00 s.f.
Total = 340,010.00 s.f.
340,010.00 s.f. x $0.198/s.f. = $67,321.98
Net Area of
Glacier Creek
Multi Family
Area Charge
Total Trunk
Storm Sewer Area Charge
The remainder of the Trunk Storm Sewer Area Charge will be collected at the time Outlot A is
final platted into lots and blocks at the rate in effect at the time of final plat approval.
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots
B and C calculated as follows:
5.84 acres x $5,500/acre = $32,120.00
Outlots B and C
Per Acre Credit Total
FEMA FLOODPLAIN ANALYSIS
Glacier Creek 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 4/24/2019 by Midwest Natural
Resources. One wetland was identified within the project boundaries that was determined to
be 1.24 acres.
The Notice of Application was sent out 7/17/2019. No adverse comments were received
during the comment period. Based on the information provided in the report dated June 17
(updated July 3 &16), 2019 and site 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 wetland impacts are proposed for this phase of the development. Prior to any proposed
impacts with the future phases the developer must complete a wetland replacement plan
and meet all necessary state and federal permit requirements.
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TTRREEEE PPRREESSEERRVVAATTIIOONN
The tree preservation plan identifies 29 significant trees on the site. The plan proposed to
remove all the tree on the site.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer is responsible for meeting all the requirements of the MPCA Construction
Permit. Redundant silt fence is required along all wetlands and waterways that do not have a
50-foot established buffer.
The Developer is responsible for the establishment of native vegetation around all
stormwater treatment basin and any disturbed or farmed buffer.
All previously disturbed farm areas within the creek buffer and stormwater basins need
restoration with native seed mix (33-261) and maintained until fully established. A restoration
plan must be submitted to the City for review. A security will be held until the area is fully
established.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Vermillion River Watershed JPO. Any additional measures
required shall be installed and maintained by the developer.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Glacier Creek. Construction costs are based upon estimates
submitted by the Developer’s engineer on May 26, 2020.
CONSTRUCTION COSTS
Sanitary Sewer $ 368,384.00
Watermain 296,622.00
Storm Sewer 391,518.00
Street Construction 431,684.00
Erosion Control and Restoration 70,000.00
SUBTOTAL - CONSTRUCTION COSTS $ 1,558,208.00
The Developer provided the City with a cash escrow in the amount of $70,000 as a security
prior to submittal of the final plat application: for Erosion Control, Stormwater Basins,
Restoration, Grading and Grading Certification to grade following City Council approval of the
preliminary plat (Building Permit No. LA180850). Upon submittal of the security with the final
plat, the City will release the existing cash escrow.
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OTHER COSTS
Developer’s Design (3.0%) $ 46,746.24
Developer’s Construction Survey (2.5%) 38,955.20
City’s Legal Expense (0.5%) 7,791.04
City Construction Observation (5.0%) 77,910.40
Developer’s Record Drawing (0.5%) 7,791.04
Glacier Way Extension 75,000.00
181st Street Sanitary Sewer Connection
Native Seeding and maintenance (3yrs) within Outlots B and C
25,000.00
30,000.00
Landscaping 88,525.00
Street Lights 7,400.00
Lot Corners/Iron Monuments 5,200.00
SUBTOTAL - OTHER COSTS $673,318.92
TOTAL PROJECT SECURITY $2,231,526.92
The street light security totals $7,400 which consists of one (1) mast-arm street lights at
$1,400 each and five (5) post-top street lights at $1,200 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
$5,200.00. 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 $2,600.00 cash fee for traffic control signs is due with Glacier Creek. 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:
47 units x $40.48/unit = $1,902.56
Dwelling Units Streetlight Operating Fee Total
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:
47 units x $66.16/unit = $3,109.52
Dwelling Units Environmental Resources
Management 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:
52 units x $90.00/unit = $4,680.00
Lots/Outlots City Base Map Updating Fee Total
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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 $46,746.24.
CASH REQUIREMENTS
Park Dedication 144,196.00
Sanitary Sewer Availability Charge 15,369.00
Trunk Storm Sewer Area Charge
Future Removal of 181st Cul-de-sac
67,321.98
2,500.00
Traffic Control Signs 2,600.00
Streetlight Operating Fee 1,902.56
Environmental Resources Management Fee 3,109.52
City Base Map Updating Fee 4,680.00
City Engineering Administration (3.00%) 46,746.24
SUBTOTAL - CASH REQUIREMENTS $288,425.30
CREDITS TO THE CASH REQUIREMENTS
Watermain Oversizing (Trunk Water Fund)
Outlots B and C (Deeded to the City) (Trunk Storm Sewer)
$ 21,470.00
32,120.00
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS = $ 53,590.00
TOTAL CASH REQUIREMENTS $234,835.30
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the final plat, grading and erosion control plan, and
utility plan for Glacier Creek, subject to the requirements and stipulations within this report.