27 Memorandum 4 `Bonestroo
To: Shawn Markham Project: Holy Trinity Church Date: 7/24/2007 2335 Highway36W
Expansion St.Paul,MN 55113
From: Amy Carolan Client: City of New Hope Tel 651-636-4600
Fax651-636-1311
Re: Rainwater Garden Plantings File No: 34-07000-0 www.bonestroo.com
Remarks:
The two rainwater gardens at Holy Trinity Church in New Hope were inspected on 18 July 2007.
At the time of the inspection,both of the gardens were progressing slowly.
The rainwater garden adjacent to Gettysburg Ave(in full sunlight)was seeded to native plant
species including wild bergamot,early sunflower,and blue flag iris. Some live plants were also
installed including liatris,sedum,and others. The seedlings and live plants are doing well and
will likely fill in by next year.
The lowest portion of the rainwater garden basin does not have well established vegetation
and is essentially bare at this time(blue flag iris was planted from seed,but did not germinate
well). It was recommended to Pastor Dennis Klatt that some supplemental seeding or planting
be completed in the lowest portion of the garden.
The rainwater garden adjacent to CR 9(shaded area)was planted mostly to shade tolerant
plants,predominantly hostas. While swamp milkweed was seeded in the basin of the wetland,
there was again poor plant establishment. It was again recommended to Pastor Dennis Klatt
that some supplemental seeding or plant installation also be completed in the basin of the
rainwater garden.
In general,both of the rainwater gardens on the site are slowly improving. Pastor Klatt agreed
with me that some additional work would be needed and agreed to proceed with some
supplemental seeding or plant installation.
I will be making recommendations to Pastor Dennis Klatt as to which plant species could be
supplemented in the basins of both of these rainwater gardens. If there are any additional
questions,please call or e-mail 651.604.4757,amy.carolan@bonestroo.com.
CITY OF NEW HOPE
CONDITIONAL USE PERMIT
SITE IMPROVEMENT AGREEMENT
THIS AGREEMENT is entered into by Holy Trinity Lutheran Church of New Hope,
Minn., a Minnesota religious corporation (hereinafter "Developer") and the City of New Hope, a
Minnesota municipal corporation(hereinafter"City"),this 07..4 day of. �J .f y ,2006.
WHEREAS, on July 24, 2006, by Resolution No. 06-112, the City Council approved
Developer's request for a Conditional Use Permit (hereinafter the "CUP') for certain real property
located in the City of New Hope, County of Hennepin, State of Minnesota known as Holy Trinity
Lutheran Church with a common address of 4240 Gettysburg Avenue North and legally described
as follows:
Tract A,Registered Land Survey 1028,Files of Registrar of Titles,
County of Hennepin County Minnesota,except that part which lies
Southerly of a line drawn parallel with and distant 7.0 feet Northerly
of the Southerly line of said Tract and except that part thereof embraced
within the plat of Nagell's 1' Addition.
Subject to restrictions,reservations and easements of record,if any.
(parcel 2 of Certificate of Title No. 507449)
(hereafter "Property") to permit the construction of a 10,640 square foot building addition to allow
for expanded daycare activities, preschool and elementary school use (K 8`" grade) in the Single
Family R-1 zoning district,and
WHEREAS, the City Council also approved Developer's site development plans for the
Property as set forth in Planning Case 06-14(hereinafter"Plans"); and
WHEREAS,the CUP was granted subject to the following conditions:
a. Petitioner shall, at its cost, provide title evidence for the property to the City
Attorney and enter into a written and recordable Conditional Use Permit/Site
Agreement incorporating the conditions of approval set out in Resolution No. 06-
112.
b. Petitioner shall pay all recording fees and costs necessary to record this agreement
against the title to the Property.
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c. Petitioner shall, in order to insure construction of the secured work and proposed
improvements described in paragraph 3, provide an irrevocable letter of credit in
the amount of $119,500.00 or a Performance and Payment Bond in the same
amount or other acceptable financial guarantee as described in paragraph 11 of the
Agreement. Said financial guarantee shall also be applicable to the payment of all
administrative staff costs and planning, engineering and legal costs incurred by the
City in connection with this approval of Petitioners request for the Conditional
Use Permit/Site Agreement for the property at 4240 Gettysburg Avenue North.
Petitioner specifically agrees to pay the administrative staff costs and planning,
engineering and legal costs as a condition of the herein approval.
d. Full compliance with the City Engineer's recommendations set out in his
memoranda dated June 15 and June 29,2006 attached hereto as Exhibits A and B.
Petitioner expressly agrees to pay a $4,722.50 storm water fee in addition to
Petitioner's construction of the required rain gardens as stated in Exhibit B.
e. Approval of all site and building plans by the West Metro Fire District.
f. The new building addition will be fully sprinkled with a two hour fire separation
between the new and old portions of the building expansion.
g. The exterior doors shall be installed with approved outside landings and concrete
sidewalks shall connect said doors to the parking lot, building entrances and play
areas.Petitioner agrees this is necessary for fire safety.
h. Petitioner agrees to submit all additional information as required by the City for
the proposed "permanent" play area north of the parking lot. This information
shall include, but not be limited to, the exact location and placement of the play
area with fencing. Petitioner agrees to revise its Master Site Plan to show this
detail relating to the play area and fencing.
1. Petitioner's proposed trash enclosure shall be permanently located and shown on
the revision to the Master Site Plan as well. Any change to the location of the
trash enclosure shall be subject to the City's approval.
j. The revised Site Plan shall indicate an adequate and appropriate location for snow
storage as determined by the City. The revised plan must also show detail for all
perimeter fencing,if any,proposed for the site.
k. Petitioner agrees to provide and show on the revised site plan additional and more
intense screening along the east property line as determined by the City. The
planting of additional spruce trees will be acceptable.
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1. Petitioner agrees to erect a directional traffic sign prohibiting right turns by non-
residents from the Church's parking lot. Said sign must conform to all traffic
standards as determined by the City.
in. Petitioner acknowledges and agrees it will pay a special assessment as defined per
Minn. Stat Chap. 429 and as determined by the New Hope City Engineer for the
City's anticipated 2008 street and infrastructure improvement to Gettysburg
Avenue North. The Petitioner further acknowledges and agrees to waive any
challenge to the amount of the special assessment as provided by Minn. Stat.
Chap. 429 and hereby admits its property at 4240 Gettysburg Avenue North will
be specially benefited by the City's street and infrastructure improvement project
in the assessment amount as determined by the City Engineer.
n. This agreement shall only apply to phase one of Petitioner's expansions as
described in the herein planning case. This site and building plan approval covers
only the first level 10,640 square foot expansion. All additional phases shall
require separate site and building plan approval and an amendment to this
Conditional Use Permit agreement.
NOW,THEREFORE,IT IS HEREBY AGREED as follows:
1. INCORPORATION OF RECITALS. The recitals above are incorporated herein by
reference,specifically including the conditions of the CUP.
2. THE WORK. The Work shall consist of the site improvements described in the Plans,
including the Secured Work as described below, and including any amendments to the
Plans which are approved by the City Council. The Work shall be performed by the
Developer to the City's satisfaction and in compliance with all applicable codes, ordinances,
standards,and policies of the City.
3. THE SECURED WORK. The Secured Work includes all on-site exterior amenities shown
on the Site Plan that is listed below:
Improvement- Estimated cost
a. Site grading $25,000.00
b. Pavement and concrete $31,000.00
c. Sanitary sewer $5,000.00
d. Water main $8,000.00
e. Rain gardens and landscaping $10,000.00
Subtotal $79,000.00
+50%contingency $39.500.00
Letter of Credit/Bond amount required $119,500.00
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The Developer shall maintain all Secured Work for as long as the CUP is in effect. Failure
of the Developer to so maintain the Secured Work will be a basis for revocation of the CUP.
4. COMPLETION. The Developer agrees that the Work shall be completed in its entirety on
or before the 31t day of December, 2007 (the Completion Date), except as this period of
time is extended by resolution of the Council, or by the City taking no action to require
completion hereunder on a timely basis. It is understood and agreed that failure of the City
to promptly take action to draw upon the bond or other security to enforce this Agreement
after the expiration of the time in which the Work is to be completed hereunder will not
waive, estop or release any rights of the City and the City can take action at any time
thereafter to require completion of the Work, and payment for same. Furthermore,the term
of this Agreement shall be deemed to be automatically extended until such time as the City
Council declares the Developer in default hereunder, and the statute of limitations shall not
be deemed to commence running until the City Council has been notified in writing by the
Developer that the Developer has either complied with this Agreement,or that it refuses to
for any reason. These provisions shall be applicable to any person who shall give a
financial guarantee to the City as required below.
5. COST OF WORK. The Developer shall pay for all costs of persons doing work or
furnishing skill, tools, machinery or materials, or insurance premiums or equipment or
supplies and all just claims for the same,and the City shall be under no obligation to pay the
Developer or any subcontractor any sum whatsoever on account thereof;whether or not the
City shall have approved the subcontract or subcontractor, and the Developer and its surety
shall hold the City harmless against any such claims, and provide the City with all necessary
lien waivers.
6. DEFAULT. In the event of default by the Developer as to any of the Secured Work to be
performed hereunder, the City may, at its option, perform the Secured Work and the
Developer shall promptly reimburse the City for any expense incurred therein by the City,
provided the Developer is first given written notice by United States Mail of the Secured
Work in default and required to be done by the Developer, not less than seven (7) days
being given thereby to the Developer to remove the default status, said notice being
addressed to the Developer at the address set forth below. Notice given in this manner
being sufficient as described, by agreement of the parties hereto. Notice to the Developer
shall also constitute, without further action, notice to any contractor or subcontractor,
whether they are approved and accepted by the City or not. In the event of emergency, as
determined by the City Engineer, the seven (7) day notice requirement to the Developer
shall be and hereby is waived in its entirety by the Developer, and the Developer shall
reimburse the City for any expense so incurred by the City in the same manner as if mailed
notice as described above had been given. It is understood by the parties,however,that the
responsibility of the Developer is limited by strikes and force majeure.
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7. REVOCATION OF CUP. The City Council approved a CUP for the Property subject to
certain conditions including completion of the Work. As an additional remedy separate and
independent from any other remedy available to it, upon breach of this Agreement by
Developer, the City may revoke the CUP for the Property. Developer acknowledges and
agrees that the City may also revoke the CUP for failure of the Developer to satisfy any of
the other conditions of the CUP.
8. ADMINISTRATION COSTS. Developer agrees to reimburse the City for the actual costs
to the City associated with Planning Case 06-14, the CUP, and this Agreement, including
but not limited to, planning consultant, engineering and attorney's fees. Developer agrees
that the financial guarantee shall not be released until all such costs have been paid to the
City.
9. HOLD HARMLESS. The Developeragrees to indemnify and hold harmless the City and
its agents, employees, and representatives against any and all claims, demands, losses,
damages and expenses (including attorney fees) arising out of or resulting from the
Developer'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, employees, or representatives, or failure by the
City,its agents, employees, or representatives to take any other prudent precaution. In the
event any City employee, agent or representative shall come under the direct or indirect
control of the Developer, or the City,upon the failure of the Developer to comply with any
conditions of this Agreement or the CUP,performs said conditions pursuant to the financial
guarantee, the Developer shall indemnify and hold harmless the City,its employees, agents
and representatives for its own negligent or intentional acts in the performance of the
Developer's required work under this Agreement or the CUP.
10. COST OF ENFORCEMENT. The Developer 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 engineering and attorney's fees.
11. FINANCIAL GUARANTEE. The Developer shall fu nish the City with a financial
guarantee acceptable to the City in one of the following forms: a) cash escrow; b) a
performance bond issued by an approved corporate surety licensed to do business in the
State of Minnesota, and executed by the Developer as the principal; c) an irrevocable letter
of credit; d) an automatically renewing certificate of deposit in Developer's name but
assigned to the City; e) other financial instruments which provide equivalent assurance to
the City. Said financial guarantee shall be furnished to the City as security to assure
completion of the items of Secured Work as set forth above, and payment of the costs of
administration as set forth above. The financial guarantee shall be in an amount of
$119,500.00. The financial guarantee provided shall continue in full force and effect until
the City Council approves and accepts all of the Secured Work undertaken and releases the
surety and/or the Developer from any further liability, and until all administrative costs are
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paid in full. The City Council may reduce the amount of the financial guarantee upon
partial completion of the Secured Work and payment of all outstanding administrative costs.
12. NOTICE. The address of Developer,for purposes of this Agreement is as follows, and any
notice mailed by the City to this address shall be deemed sufficient notice under this
Agreement,until notice of a change of address is given to the City in writing:
Pastor Dennis Klatt
Holy Trinity Lutheran Church
4240 Gettysburg Avenue North
New Hope,MN 55428
13. SEVERABILITY. If any portion,section,subsection,paragraph, sentence,clause or phrase
of this Agreement is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portion of this Agreement.
14. SUCCESSION. This Agreement shall be binding upon the parties,their heirs, successors or
assigns,as the case may be.
IN WITNESS WHEREOF,we have hereunto set our hands and seals.
CITY OF NEW HOPE
1 ��
By: f� 'f+ 1.,at
is Mayor
By: 4/1104.1,94/4
Its City Manager
HOLY TRINITY LUTHERAN CHURCH
OF NEW HOPE,MLNN.
By �..__ �s
Its .. �/*f drtiOe
By: Cyt► , -
Its pJ lZdp
6
STATE OF Mi NESOTA )
)ss.
COUNTY OF HENNEPIN )
e foregoing instrument was acknowledged before me this 4, day of
2006, by Martin P. Opem Sr. and Daniel I. Donahue, the Mayor and
Manag , respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of
said municipal corporation.
„ohVALERIE LEONE ( `
; r' , NOTARY PUBLIC-F.IINNE8OTA �1
My Commission Expires Jw, .11 2)1r Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF Hennepin )
The foregoing instrument wasacpnowtedged ore me this day of
, 2006, by y o -1 '�r�;� , its
- and s.. . C � "
' its
0 of Holy Trinity Lutheran Church of Minn., a Minnesota
religious corporation on behalf of said religious corporation.
4 ' PAMELA R TA T RO
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan,31,2010 e, Notary Public
DRAFTED BY:
JENSEN&SONDRAT T,P.A.
8525 Edinbrook Crossing,#201
Brooklyn Park,NLN 55443
(763)424-8811
P:W orovI4AS\l Clint F'.2 Ciy of New Hope%9.2W14(Holy Trimly cop)\Site Loquovers of Mort will CUP.doc
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6onestr o EXHIBIT
2335 Wat l4hway 36•St Paul,MN 65113
mu.Roy
ginu Andertik6y ONIa:1361-696 600■Fax:651-036-1511
Ti Asscid*g Www.borrealmo.o m
Engineer 6 Azdutecas
TO: !tide McDonald
FROM: Ymce Vander Top
DATE: inns 15,2006
SUBJECT: HelyTrinity Church—4240 Gettysburg AveTh Plan comments
Zhu'Fde No.34-Oen NW18.06.01
We have received the plans for the prychnrchlschool expansion on the subject property.
The following cornrows should be cousirk ed in the review of the application
Preliminary Grading.Drainage,and Ziinaion Control Plan
I. Silt Fence is referenced on the plan around all disturbed areas. Other Groner cau#ml
mem=such as rock construction attain=and street sweeping maintenance will
be wed as examples amain erosion control m eaaures. The applicant will be
to obtain an NPDIS permit as over i acre of propertyill be distrurbed.
2. The arinfliturb line of the main driveway in to the property should be reconstructed
approximately 5 to 10 feet to the south_ This will better align the driveway with the
driveway on the opposite side of the,street and with the parking Let drive aisle with
the padring lot. The Garb radius should also be increased to improve the ability to
tom into the p ropetty tont Gettysburg Ave.
3. The area of proposed coacrdecurbing are noted condo:plan This should be clarified
as the line type and notes menet definitively clear. It appears that concrete curb
(B612)will be installed adjacent to all new pavetment.
4. Concrete curb is not proposed along the new stalls on the west side of the char. It
appears that curbing will be tfrffictnit because of grades and drainage issues. 1f13612
curb carnet be eimistracted.a ammormtable or&bon curb will need to be ronstructsd
along the parking lot edge.
5. A matte driveway apron will be required as part of tier driveway ration
The driveway must be cons loupe'C4ty standards. A standard detail plate can be
prey
6. Storm water drainage is proposed to be overland. No stoner sewer is proposed on the
site.No Witte quality or quarnity improvements are alntrwn on the site. in these
cases,itis typical for a stoumwater fee to be provided in lieu of water quality
improvements.For this property,it is anticipated that the fee would beori the order
of$20,000 to$25,000, An exxet fee has not been dated. As discussed
previonsly with the applicant the amount of the'feewauld equate to tit a cost of
constructing a pond improvement on site.
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In lieu of paying a fee,it is recommended that the City and applicant investigate the
use of shallow rain gardens on this property as a measure to address water quality.
Such gardens could be strategically located along Gettysburg Avenue and in the
proposed ewale leading to d2"a Avenue behind the church.
Examples of types of rain gardens can be provided by the City Forester and Lngineet.
The garden depressions will generally be on the order of 6 to 8 inches deep such that
the potential for standing water is minimized. Soils will need to be amended as the
heavy clay soils are anticipated on this site. Specific plantings could be
recommended suitable for this type of garden. The plantings could also improve the
landscaping plan.
Rain gardens of this nature would address storm water quality treatment to a degree,
but would not address increases in storm water runoff. The plan does appear to
provide adequate Emergency overflows to Gettysburg and 42i11 Avenue for major rain
events. This must be verified. No=off shall be directed to adjacent properties.
The swale directing ntuoff to 4201 Avenue will flow over an existing sidewalk. The
elevations of the sidewalk in that area must be verified. The sidewalk must be higher
than the curb and boulevard area such that water does not pond on the sidewalk,
Preliminary Utility and Paving Plan
7. New crater and sewer connections to Gettysburg Avenue are proposed.
a. Identify the diameter of the sanitary sewer connection. Use 45 degree sweeping
beads in the area of the 90-degree tura and clean out Keep the clean-out. Use 45
degree bends.
b. Use poly-wrapped ductile iron pipe in lieu of C9000 PVC pipe for the water
service. Connect to the water main in Gettysburg by cutting in and utilizing a
sleeve. Do not perform a wet-tap.
C. C nnections to city utilities must be completed m.thepresenoe of a City
representative.
S. The fire and domestic water scruiaes must be split outside the building. Provide a
valve and stop box respectively on the lines such that either could be shut off on the
exterior of the building without interrupting the service of the other.
Proposed School Addition
9. The traffic flow pattern is acceptable, It is not clear if the arrows depicting'tra is
flow are for representation on,the plan or if they will be striped on the parking lot. It
is recommended that signage be provide such that itis clear that the south driveway
entrance is for ingress only.
10. The trash enclosure will not be accessible by a hauler when oars are panned in the lot.
This issue should be addressed
If you have any questions or concerns please contact me at 651-604-4790.
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diciBon roo
Rosene 2335 West Hlplmiay se•St Paul,MN 55113
ECM
Ander frk& Ofdce:651-036-4800•Fax 961-830-1311 EXHIBIT
Assoc www.boneotfoocom
Engineers&Ardhltect'
•
TO: Kirk McDonald
FROM: Vince Vander Top
DATE: June 29,2006
SUBJECT: Holy Trinity Church--4240 Gettysburg Ave N:Plan continents
Dur File lsZo.34-Gen NW 18.06.01
We have received the revised plans for the proposed church/school expansion on the subject
property.The fallowing comments should be considered in addition to comments previously
submitted in our 6/15106 memo.
Preliminary Grading,Drainage,and Erosion Control Plan
1. A concrete driveway apron will be required as part of the driveway reconstruction..
The driveway must be constructed per City standards. A standard detail plate can he
provided,
2. All storm water drainage is proposed to be overland. No storm sewer is proposed on
the site. Based on conversations with.City staff,the applicant has included two rain
gardens in the site plan to treat runoff from the site. The rain gardens will provide
some water quality benefit end virtually no quantity benefit. As such,it is
recome nded that applicant pay a storm water fee in addition to the construction of
the rain gardens.
The storm water fee for a property typically equates to the cost an applicant would
have spent to construct a NURP storm water pond. This applicant has calculated that
a pond for this.site meeting NURP.requirements would cost$13,137.50.,I3 is
recommended that this amount be used es the storm water fee. It is further
recommended that the applicant receive a credit against the fee in the amount spent to
construct the rain gardens. The total coat of the rain gardens is$8,415.00`As such ^4,014°the remaining amount to be charge for the storm water fee is$4,722.50. Zi 77 (Al
3. The rain.garden plantings should be coordinated with the City Forester. Final
configuration of the gardens shall be reviewed and approved by the City Forester,
If you have any questions or concerns please contact me at 651-604-4790.
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