ITEM 4.1 Lil ExplorersOtkoo
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Planning
City Planner Licht 23 September 2019
PRESENTER(s)
REVIEWED BY: ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty 4.1— Lil Explorers
STRATEGIC VISION
MEETS:
I THE CITY OF OTSEGO:
of a development agreement.
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
Held by Planning Commission 16 September 2019
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X
Is a social community with diverse housing, service options, and employment opportunities.
consideration of a PUD Development Stage Plan and preliminary and final plat.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a preliminary/final plat and PUD Development Stage Plan and execution
of a development agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
Held by Planning Commission 16 September 2019
BACKGROUND/JUSTIFICATION:
Lil Explorers is proposing development of a 16,171 square foot daycare facility within Great River Centre of
Otsego located south of 87th Street and east of Parson Avenue. The proposed development requires
consideration of a PUD Development Stage Plan and preliminary and final plat.
A public hearing to consider the applications was held by the Planning Commission on 16 September 2019.
A representative of Lil Explorers was present to agree with the comments by City staff and address
questions. There were no public comments.
The Planning Commission very much liked the architectural design of the proposed building and thought
that the proposed business is needed in Otsego. The Planning Commission did question the safety of the
proposed outdoor play areas in the yard adjacent to Parson Avenue. The Lil Explorers representative
stated that the proposed fence is typically 5 feet in height and that the play area is always monitored by
staff. The Planning Commission added a condition that the fencing surrounding the outdoor play areas be
a minimum of 5 feet in height. There were no other comments and the public hearing was closed. The
Planning Commission voted 4-0 to recommend approval of the applications.
SUPPORTING DOCUMENTS ATTACHED: I
■ Planning Report dated 12 September 2019
■ Engineering Review dated September 11, 2019
■ Findings of Fact and Decision
■ Resolution 2019-50 approving a development agreement
■ Development Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: I
Motion to approve a preliminary/final plat of Great River Centre of Otsego Sixth Addition, adopt
Resolution 2019-50 approving a development agreement, and approve a PUD Development Stage Plan for
Lot 1, Block 1 Great River Centre of Otsego Sixth Addition subject to the conditions as stated in the findings
of fact and decision as presented.
R[mr.17T INFORMATION
FUNDING: BUDGETED:
N/A
TPC
The Planning Company
PLANNING REPORT
TO:
FROM:
REPORT DATE:
ACTION DATE:
RE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
12 September 2019
26 October 2019
Otsego — Great River Centre; Lil Explorers Daycare
101.02
Lil Explorers is proposing development of a 16,171 square foot daycare facility within Great
River Centre of Otsego located south of 87th Street and east of Parsons Avenue. The proposed
development requires consideration of a PUD Development Stage Plan and preliminary and
final plat. A public hearing has been noticed for the Planning Commission meeting on 16
September 2019 at 7:OOPM.
Exhibits:
• Site Location Map
■ Site Plan
■ Exterior elevation plans (3 sheets)
■ Building floor plan
• Landscape Plan
■ Exterior lighting plan
• Grading, Drainage, Erosion Control and Utility Plan (2 sheets)
■ Preliminary Plat
■ Great River Center of Otsego Sixth Addition Final Plat
1
ANALYSIS
Comprehensive Plan. The Comprehensive Plan guides the area that includes the Great River
Centre of Otsego for commercial land use as part of the City's primary retail, service, and office
development area. The proposed daycare use is consistent with the land uses guided by the
Future Land Use Plan and will provide for a expansion of service business in Otsego, as well as
day -time employment market support for surrounding businesses.
'Zoning. The City Council approved a PUD District for the Great River Centre of Otsego on 13
March 2006 that is based upon the uses and performance standards as allowed within the B-3,
General Business District. Daycare uses are an allowed use within the PUD District subject to
the performance standards established by Chapter 30 of the Zoning Ordinance.
Surrounding Land Uses. The table below summarizes land uses surrounding the subject site.
The proposed daycare use will be compatible with and complementary to the existing and
planned commercial uses within the Great River Centre of Otsego.
Direction
Land Use Plan
Zoning Map
Existing Use
North
Commercial
GRC PUD District
Edina Realty
Target/Retail
East
Commercial
GRC PUD District
Undeveloped
South
Commercial
GRC PUD District
Undeveloped
West
Commercial
GRC PUD District
Undeveloped
Wings Financial
Tires Plus
Building Design. The PUD District for Great River Centre established design guidelines for
building architecture and exterior finishes encouraging horizontal lines and high pitched roofs
for vertical presence. The building exemplifies the intent of the design guidelines with varied
horizontal sections under flat roofs and pitched roofs above the front and entrance portions of
the structure. Colors are also used effectively to break up the mass of the structure.
Section 11-17-4.D.1 of the Zoning Ordinance requires that the proposed building utilize brick,
stone, and glass for a minimum of 65 percent of the exterior surface. The proposed building is
to be constructed of exterior materials consisting of a stone and brick masonry units, composite
panels, and windows. The masonry materials and glass comprise 66.1 percent of the exterior
finish of the building and comply with the requirements of the Zoning Ordinance.
The PUD District establishes height envelope limits within Great River Centre to preserve the
view corridor of Target from TH 101 and Parrish Avenue (CSAH 42). The subject site is
restricted to a maximum building height of 40 feet. The proposed building is to be a single story
with a height of 27 feet for the flat roof over the mid-section of the building. The height of the
proposed building complies with the PUD District standard.
RA
Landscaping. The submitted landscaping plan provides for planting of maple trees in the
boulevard abutting Parsons Avenue at 40 feet on center for an appropriate streetscape
treatment. The outdoor play areas on the west side of the building have a fence with daylilies
and grasses planted along the outside. There are to be aspen trees and Karl Forester grasses
along the private drive on the north side of the site that will screen the parking areas. We
recommend that the landscape plan be revised to provide additional plantings along the south
elevation of the building and south lot line. The types and sizes of the proposed plantings
comply with Section 11-19-2.B of the Zoning Ordinance. Section 5-2-3.C.2 of the City Code
requires that commercial properties provide an inground irrigation system for all yards, parking
lot islands, and boulevards adjacent to the lot. The planting note on the landscape plan
indicates that an inground irrigation system is to be installed to comply with the City Code.
Outdoor Play Areas. There are outdoor play areas on the east and west sides of the building.
These outdoor play areas are to be enclosed with a fence. No details have been provided
regarding the fence. We recommend that the fences be constructed of black vinyl coated chain
link or decorative metal rods for aesthetic as well as security purposes. Plans for the proposed
fences must be submitted and are to be subject to review and approval of the Zoning
Administrator for compliance with Section 11-19-4.1-1 of the Zoning Ordinance.
Lot Requirements. There are no minimum lot area or lot width requirements within the PUD
District. The proposed building is to be setback 35 feet from Parsons Avenue. There are
outdoor play areas in the yard between the building and Parsons Avenue that adds activity in
the area. The proposed building location complies with the requirements and intent of the
PUD District.
Access. The subject site abuts Parsons Avenue with access to the site via a shared driveway on
the north side of the proposed lot. Documents establishing ingress/egress over the shared
driveway were recorded concurrently with the final plat of Great River Centre of Otsego Fifth
Addition (Edina Realty). The shared driveway is 30 feet wide based on traffic circulation needs
the same as that for the commercial uses on the west side of Parsons Avenue. There are 2
entrances from the shared driveway into the subject site. The easterly drive is aligned with the
accesses to the Edina Realty parking lot.
Off -Street Parking. The PUD Design Guidelines recommend placement of off-street parking
areas to the side or rear of the principal building. The proposed off-street parking area is to the
north and east of the building, which screens the area from view of Parsons Avenue consistent
with the PUD Design Guidelines. The off-street parking area is setback 40 feet from Parsons
Avenue and 10 feet from the south property line, which comply with Section 11-21-5.13 of the
Zoning Ordinance.
Section 11-21-8 of the Zoning Ordinance requires daycare uses to provide 1 off-street parking
stall per 4 persons of licensed capacity. The developer indicates that the facility has a licensed
capacity of 189 children for a minimum requirement that 48 parking stalls be required. The
site plan provides 48 off-street parking stalls with 2 van accessible disability stalls located
3
adjacent to the front entry to the building to comply with Americans with Disabilities Act (ADA)
requirements.
The parking stalls are 19 feet deep (with a 2 foot overhang of the curb) by 9 feet wide. All of
the parking stalls are accessed by drive aisles that are at least 24 feet wide. The dimensions of
the off-street parking area comply with Section 11-21-7.A and B of the Zoning Ordinance.
The off-street parking area is surfaced with a bituminous material as required by Section 11-21-
7.0 of the Zoning Ordinance. The perimeter of the off-street parking area has a concrete curb
as required by Section 11-21-7.D of the Zoning Ordinance.
Sidewalks. A 5 foot concrete sidewalk is to be constructed along Parsons Avenue abutting the
subject site. The site plan provides an interior sidewalk along the north and east elevation of
the building connecting to the sidewalk on Parsons Avenue.
Signs. The building elevation plans identify an 18 square foot wall sign located on the north
elevation of the building. The area of the proposed sign is within the allowances of Section 11-
37-5.C.3 of the Zoning Ordinance. The placement of a wall sign on each of the of the building
elevations is allowed by the PUD District and may be added in the future. The site plan does
not identify any freestanding sign upon the property. If a freestanding sign is proposed, it must
be shown on the site plan with details provided.
Exterior Lighting. The developer has submitted an exterior lighting plan for the subject site.
Light intensity measured at the west and south property line is limited to 0.4 foot-candles,
which the lighting plan complies with. The specifications for the freestanding lighting fixtures
shows that the light source is to be a LED with a horizontal shield mounted on a 25 foot high
poll. The freestanding lights comply with Section 11-16-6.C.3.a and Section 11-16-6.C.4.a(1) of
the Zoning Ordinance. The building elevations show decorative lighting for the wall sign on the
north building elevation, which are allowed by Section 11-16-6.C.3.b of the Zoning Ordinance.
Trash Enclosure. The site plan includes a storage area for exterior trash and recycling
containers on the east side of the building adjacent to the off-street parking area. The trash
enclosure is setback 10 feet from the south property line. The proposed enclosure uses must
use materials consistent with the exterior finish of the principal building is subject to review
and approval of the Zoning Administrator for compliance with the requirements of Section 11-
18-4.0 of the Zoning Ordinance.
Utilities. The subject site is to be served by City sewer and water utilities within the East Sewer
District. The utility plan for connection to City sewer and water utilities is to be subject to
review and approval of the City Engineer. The developer must pay sewer and water availability
charges for Lot 1, Block 1 at the time of final plat approval as these were not paid with the final
plat approval for Great River Centre of Otsego. Sewer and water connection charges for Lot 1,
Block 1 will be paid based on the area of the proposed building at the time a building permit is
4
issued. The final plat is to be revised to designate Lot 2, Block 1 as an outlot for future
development and defer utility availability charges.
Grading Plan. The developer has submitted a grading plan for the subject site. The proposed
grading plan and all stormwater management and erosion control issues are subject to review
and approval of the City Engineer,
Easements. A drainage and utility easement is shown to be dedicated at the perimeter of Lot 1
a, Block 1 as required by Section 10-8-12.A of the Subdivision Ordinance. The drainage and
utility easement should be increased to 10 feet in width along the south lot line. All drainage
and utility easements are subject to review and approval of the City Engineer.
Park Dedication. Park dedication requirements for the platted lots within Great River Centre of
Otsego were satisfied at the time of final plat approval. No additional park dedication is
required for the proposed preliminary and final plat subdividing the subject site.
Development Agreement. The proposed preliminary and final plat involves public
improvements and connections to City utilities. The developer is required to enter into a
development agreement with the City as provided for by Section 10-10-4 of the Subdivision
Ordinance. Approval of the PUD Development Stage Plan, including conditions thereof, is also
to be addressed within the development agreement in accordance with Section 11-36-4.D.7 of
the Zoning Ordinance. The Development Agreement is to be drafted by the City Attorney and is
subject to approval of the City Council.
RECOMMENDATION
The proposed Lil Explorers daycare building and site plan complies with the requirements of the
Great River Centre PUD District, Zoning Ordinance, and Subdivision Ordinance. City staff
recommends approval of the applications as outlined below.
POSSIBLE ACTIONS
A. Motion to recommend approval of a preliminary/final plat for Great River Centre of
Otsego Sixth Addition and PUD Development Stage Plan for Lot 1, Block 1 subject to the
following conditions:
The landscape plan shall be revised subject to review and approval of City staff
to provide for plantings along the south lot line.
2. One freestanding sign constructed as a monument structure with materials
consistent with that of the principal building having an area of up to 64 square
feet and height of up to 18 feet shall be allowed for Lot 1, Block 1.
3. Plans for the proposed fences, to be constructed of black vinyl coated chain link
or decorative metal rod, shall be submitted and are subject to review and
approval of the Zoning Administrator for compliance with Section 11-19-4.1-1 of
the Zoning Ordinance.
4. Plans for the proposed trash enclosure shall be subject to review and approval of
the Zoning Administrator for compliance with the requirements of Section 11-
18-4.0 of the Zoning Ordinance.
5. The developer shall pay sewer and water availability charges for Lot 1, Block 1 at
the time of final plat approval.
6. The final plat shall be revised to designate Lot 2, Block 1 as Outlot A.
7. All utility plans are subject to review and approval of the City Engineer.
8. All grading, drainage, and erosion control issues are subject to review and
approval of the City Engineer.
All easements are subject to review and approval of the City Engineer.
10. The developer shall execute a development agreement, subject to review by the
City Attorney and approval of the City Council.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the Comprehensive Plan and requirements of the Zoning Ordinance
and Subdivision Ordinance.
C. Motion to table.
Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Steve Fisher, Arrow Companies
Russ Rosa, Rosa Architectural Group, Inc.
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lANO MING
Main Office: 4 0
Hakanson 3601 Thurston Avenue, Anoka, MN 55303
Ph11AAone: 763/427-5860 Fax: 763/427-0520
Anderson www.haa-inc.com am
MEMORANDUM
TO: Honorable Mayor and City Council
CC: Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Jeremy Spaude, developer
Curt Kallio, SISU Land Surveying and Engineering
FROM: Ronald Wagner, City Engineer
Brent Larson
DATE: September 11, 2019
RE: Great River Centre of Otsego 611 Addition (Lil Explorers)— Preliminary and Final
Plat Submittal Review
We have reviewed the following information provided by SISU Land Surveying and Engineering,
dated 8/26/19, for Great River Centre of Otsego 6th Addition:
Certificate of Survey/ Existing Conditions
Preliminary Plat
Final Plat
Civil Grading and Construction Plans
Architectural Plans, by Michael J Thomas Architect
HydroCAD Report
Landscaping Plan, dated 8/23/19, by Brodsho Consulting
The submittal is to be considered for preliminary and final plat acceptance and therefore must meet
all requirements pertaining to both. We would offer the following comments:
Preliminary Plat & Certificate of Survey
1. Provide a contact phone number for the developer.
2. The preliminary plat shall include the following additional existing condition information:
a. Label the existing street and right-of-way widths for Parson Avenue and 87th Street.
b. Location, size, and elevations (including inverts) of existing sewers, watermain,
culverts, and other underground facilities within 150'. The utilities along 87th Street
are missing completely and the water and sanitary sewer stubs along Parsons are
missing sizes.
c. Identify by name and ownership adjoining unsubdivided or subdivided land, within
150'.
d. Locations and results of soil borings, percolation tests, etc.
September 11, 2019
Page 2
e. Statement certifying the environmental condition of the site including the presence of
any hazardous substance as defined in Minnesota Statutes 11513.02, Subd 8.
f. Geotechnical data.
3. Additional hydrant coverage will be necessary for the proposed building. A maximum
spacing of 300' feet (150' radius) is required. All hydrants and watermain shall be covered by
20' easements centered on the pipe. A maximum spacing of 300' feet (150' radius) is
required.
4. List the benchmark datum. It appears that the datums is 1988. Most projects and as -built plan
in Otsego are based on the 1929 datum. Verify that any elevations used from any provided as -
built plans are on the same datum. Provide an equation relating the 1988 and 1929 datum in
this area.
Final Plat
1. See comment #3
2. A 10' wide drainage and utility easement is required along all outlots. Provide a 10'
easement along the south property line of Lots 1 and 2.
3. A right of access agreement is required for the street along the north property line for Lot 2,
Block 1 of Great River Center 6th Addition and Lot 1, Block 1 of Great River Center 5th
Addition.
Civil Planq
Title Sheet/ Civil Site Plan (Sheet Cl)
4. Provide a "key map" of the area.
5. Please provide the name of the plat (Great River Center 6th Addition) on each sheet. We
recommend including this in the title block.
6. Plans shall be signed by a Licensed Professional Engineer.
7. The Provide a datum for the benchmark each plan sheet. Provide an equation relating the
1988 and 1929 datum in this area.
8. Provide a contact phone number for the developer.
9. Provide an approval signature line for Ronald J. Wagner, City Engineer.
10. See comments #2.a and #3.
AAHakanson
lAnderson
September 11, 2019
Page 3
11. Articulated Concrete mats (Cabled Concrete) are required at the end of the stormwater
discharge pipe into Outlot B. Revise the detail on sheet 3 calling out Riprap Class 2.
12. The unused water curb stop shall be removed near Play Area B.
13. Label the infiltration basin's NWL, 2 -yr, 10 -yr and 100 -yr HWL elevations (all sheets).
14. A concrete valley gutter at the entrance to Parson Avenue is required (mirror west side entrance).
15. Above Standard lights shall be installed on the east side of Parsons Avenue.
Grading, Drainage, Esc & Utility Plan
16. Concrete curb and gutter is required to be removed on the south side of the road for the new
entrances to the project. A valley gutter appears to be needed at the west entrance as the existing
curb and pavement is proposed at only 0.5%.
17. Provide a berm or spot elevations showing a berm along the infiltration basins above the 100 -
yr HWL along the east property line. We recommend providing a protected emergency
overflow (861.5) at the south end of the infiltration basin into the storm pond to the south.
18. The infiltration basin shall be protected from construction traffic.
19. Infiltration testing results are required after construction to verify final results. Have infiltration
tests been completed on site to verify design?
Stormwater Management
1. The existing Great River Centre stormwater management plan accounted for the full built out
of the entire Great River Centre. Therefore, only the new NPDES requirement of infiltrating
the first 1.1" rainfall from newly created impervious area is required to be done onsite. The
proposed infiltration basin appears to provide the required treatment volume.
2. A "draw down" calculation shall be provided for the infiltration basin. The water quality
volume draw down time shall not exceed 48 hours.
3. Provide the stormwater model/calculations for the infiltration basin for the 2, 10, and 100 year
storms using the ATLAS 14 rainfall events.
Summary and/or Recommendation
We recommend approval contingent upon the above comments being addressed.
Hakanson
---,]]And erson
OtSegCITY
o
F
MINNESOTA
APPLICANT: Lil Explorers Daycare
17 Sep 19
FINDINGS & DECISION
PUD DEVELOPMENT STAGE PLAN/
PRELIMINARY/FINAL PLAT
APPLICATION: Request for approval of a PUD Development Stage Plan and Preliminary/Final Plat
for Great River Centre of Otsego Sixth Addition.
CITY COUNCIL MEETING: 23 September 2019
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. The legal description of the properties is Outlot A, Great River Centre of Otsego Fifth
Addition, City of Otsego, County of Wright, State of Minnesota.
B. The property lies within the East Sewer District and is guided for commercial land uses by
the 2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned PUD, Planned Unit Development District in accordance with the
Ordinance adopted by the City Council on 13 March 2006.
D. The developer is requesting a PUD Development Stage Plan and preliminary/final plat for
development of a 16,171 square foot daycare facility.
E. The Planning Commission and City Council must take into consideration the possible effects
of the request with their judgment based upon (but not limited to) the criteria outlined in
Section 11-4-21 of the Zoning Ordinance:
1
2
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The Comprehensive Plan guides the subject site within the Great River
Centre of Otsego for commercial land use as part of the City's primary retail, service,
and office area within the community. The proposed daycare use is consistent with
the land uses guided by the Future Land Use Plan and will provide for additional
service business options within Otsego, as well as day -time employment market
support for surrounding businesses.
The proposed use's compatibility with present and future land uses of the area.
Finding: The table below summarizes land uses surrounding the subject site. The
proposed daycare use will be compatible with and complementary to the existing and
planned
Direction
Land Use Plan
Zoning Map
Existing Use
North
Commercial
GRC PUD District
Edina Realty
Target/Retail
1
East Commercial GRC PUD District Undeveloped
South Commercial GRC PUD District Undeveloped
West Commercial GRC PUD District Undeveloped
Wings Financial
Tires Plus
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed development complies with the Great River Centre PUD
District and Zoning Ordinance, Subdivision Ordinance, and Engineering Manual,
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: Great River Centre is accessed by Parrish Avenue (CSAH 42) and local
commercial streets within the development. The capacity of these existing roadways
can accommodate traffic that will be generated by the proposed daycare use.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The subject site is located within the East Sewer District where the City
anticipates provision of services in support of urban development as guided by the
Future Land Use Plan; the proposed development will be accommodated by existing
City services.
F. The planning report dated 12 September 2019 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
G. The engineering review dated September 11, 2019 prepared by the City Engineer, Hakanson
Anderson, Inc., is incorporated herein.
H. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16
September 2019 to consider the application, preceded by published and mailed notice;
based upon review of the application and evidence received, the public hearing was closed
and the Planning Commission recommended by a 4-0 vote that the City Council approve the
request based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
APPROVED, subject to the following conditions:
The landscape plan shall be revised subject to review and approval of City staff to provide for
plantings along the south lot line.
2. One freestanding sign constructed as a monument structure with materials consistent with
that of the principal building having an area of up to 64 square feet and height of up to 18
feet shall be allowed for Lot 1, Block 1.
3. Plans for the proposed fences, to be constructed of black vinyl coated chain link or
decorative metal rod with a minimum height of 5 feet, shall be submitted and are subject to
review and approval of the Zoning Administrator for compliance with Section 11-19-4.H of the
Zoning Ordinance.
4. Plans for the proposed trash enclosure shall be subject to review and approval of the Zoning
Administrator for compliance with the requirements of Section 11-18-4.0 of the Zoning
Ordinance.
5. The developer shall pay sewer and water availability charges for Lot 1, Block 1 at the time of
final plat approval
6. The final plat shall be revised to designate Lot 2, Block 1 as Outlot A.
7. All utility plans are subject to review and approval of the City Engineer.
8. All grading, drainage, and erosion control issues are subject to review and approval of the
City Engineer.
9. All easements are subject to review and approval of the City Engineer.
10. The developer shall execute a development agreement, subject to review by the City
Attorney and approval of the City Council.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 23rd day of September, 2019.
Tami Loff, City Clerk
3
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-50
RESOLUTION APPROVING DEVELOPERS AGREEMENT- GREAT
RVER CENTRE OF OTSEGO SIXTH ADDITION, LOT 1, BLOCK 1
WHEREAS, Lil' Explorers is seeking approval of a Plat known as GREAT
RIVER CENTRE OF OTSEGO SIXTH ADDITION, and
WHEREAS, the approved Plat requires construction of some public
improvements and payment of City costs and fees as well as placing certain
restrictions on the development; and
WHEREAS, those obligations are contained and memorialized in the attached
Developers Agreement; and
WHEREAS, the Developers Agreement also sets forth the security required to
assure satisfactory construction of public improvements and establishes the
various remedies available to the City in the event that Developer breaches the
terms and conditions of the Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
The attached Developers Agreement between the City of Otsego and Lil'
Explorers is hereby approved.
2. The Mayor and City Cleric are hereby authorized to execute the Developers
Agreement on behalf of the City of Otsego.
ADOPTED this 23rd day of September, 2019 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member
and seconded by Council Member
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
2
DEVELOPMENT AGREEMENT
LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO SIXTH
ADDITION- LIL' EXPLORERS
THIS AGREEMENT, entered into this day of October, 2019 by and
between the CITY OF OTSEGO, a Minnesota municipal corporation ("CITY")
and LIL' EXPLORERS a under the laws of the State of Minnesota
("DEVELOPER")
RECITALS
WHEREAS, DEVELOPER has proposed construction of a 16,171 square
foot daycare facility to be constructed on the following described property; LOT 1,
BLOCK 1, GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION (See
EXHIBIT A); and
WHEREAS, DEVELOPER will be the fee owner the parcel of land
described and newly consolidated as LOT 1, BLOCK 1, GREAT RIVER
CENTRE OF OTSEGO SIXTH ADDITION which lot measures approximately
acres, while the entire Plat is approximately acres; and
WHEREAS, LOT 1, BLOCK 1 is proposed for development of a daycare
facility, and other related improvements; and
WHEREAS, the Final Plat and the new building are subject to a Planned
Unit Development District ("PUD") by Ordinance adopted by the City Council on
March 13, 2006 and a PUD Development Stage Plan for GREAT RIVER
CENTRE OF OTSEGO SIXTH ADDITION approved on September 23, 2019;
and
WHEREAS, the PUD Development Stage Plan for GREAT RIVER
CENTRE OF OTSEGO requires that the DEVELOPER enter into additional
Development Agreements with the CITY as a condition of approval of individual
developments; and
WHEREAS, the building and improvements on LOT 1, BLOCK 1 shall be
constructed, maintained and operated in accordance with the PUD and the
Development Stage Plan for GREAT RIVER CENTRE OF OTSEGO SIXTH
ADDITION and the terms and conditions contained herein.
NOW THEREFORE, in consideration of the promises and mutual promises
hereinafter contained, it is agreed between the parties as follows:
1. Development Plans. The Building shall be developed on LOT 1,
BLOCK 1 in accordance with the plans the cover sheet of which is
attached to this Agreement as Exhibit B dated , 2019 and
signed by the City Engineer on file and of record at CITY and herein
fully incorporated herein by reference and the conditions stated below
(hereinafter the "Building Development Plans"). If the Building
Development Plans vary from the written terms of this Agreement, the
Building Development Plans shall control.
2. Municipal Improvements. The Building Development Plans include
certain Municipal Improvements as set forth on the attached Exhibit C.
3. Private Improvements. The DEVELOPER agrees that it shall cause to
be constructed and installed certain private improvements ("Private
Improvements") on the Subject Property. All Private Improvements are
to be installed at DEVELOPER'S sole cost and expense pursuant to this
Agreement and the private improvements to LOT 1, BLOCK 1 shall
include those improvements shown on the Building Development Plans.
DEVELOPER shall construct such Private Improvements in accordance
with all applicable building codes, ordinances and CITY standards and
the Building Development Plans furnished to the CITY and approved by
the City Engineer. The DEVELOPER shall obtain all necessary permits
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before construction of the Building. CITY shall provide adequate field
inspection personnel to assure acceptable quality control, which will
allow certification of the construction work. Within thirty (30) days after
the completion of Building and before any security is released, the
DEVELOPER shall supply the CITY with a complete set of reproducible
"as built" plans and two (2) complete sets of blue line "as built" plans
prepared in accordance with CITY standards.
4. Grading, Landscaping and Drainage. The DEVELOPER shall be
responsible for grading, landscaping and storm water management on
the Subject Property as more fully set forth in this Agreement and as for
LOT 1, BLOCK 1 only the Building Development Plans and
Landscaping Plan.
A. Landscaping. DEVELOPER shall maintain the sod and landscape
of boulevard areas adjacent to LOT 1, BLOCK 1 as shown in the
Building Development Plans through at least one growing season
and to the satisfaction of CITY. The long term maintenance of sod
and landscaping of boulevard areas shall be the responsibility of
DEVELOPER or any Future Owner after purchase of LOT 1,
BLOCK 1. Further, DEVELOPER shall be responsible for mowing,
elimination of weeds and removal of any garbage or debris on LOT
1, BLOCK 1.
B. Erosion Control. The erosion control plan for LOT 1, BLOCK 1
within the Building Development Plans has been reviewed and
approved by CITY and shall be implemented by DEVELOPER prior
to grading of LOT 1. All areas disturbed by the excavation and
backfilling operations shall be reseeded forthwith after completion
of work in that area. If DEVELOPER does not comply with the
erosion control plan and schedule or any erosion control
requirements, CITY may, with reasonable notice, take action as it
deems appropriate in accordance with all applicable laws, ordinances
or regulations or according to this Agreement.
C. Grading Plan. Grading of LOT 1, BLOCK 1 shall be in accordance
with the approved Grading Plan as provided in the Building
Development Plans.
5. Pre -Construction Activity. DEVELOPER shall schedule a pre -
construction meeting with CITY to review the proposed schedule for
grading and construction of the building and related improvements as
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set forth on the Building Development Plans, and to coordinate the
schedule with the City Engineer.
6. Ownership of Improvements. Upon completion of the work and
construction required by this Agreement, improvements lying within
public easements on the Subject Property shall become CITY property
without further notice or action, except that those streets, which will be
maintained as private drives shall remain under DEVELOPER's
ownership subject to any and all necessary easements, including
necessary ingress and egress access to future and existing lots.
7. Clean Up. DEVELOPER shall promptly clean any and all dirt and
debris from streets resulting from construction work by DEVELOPER,
its agents or assigns during the work and construction required by this
Agreement.
8. Administrative Fee. A one-time fee for CITY administration of the
development is as set forth on the attached Financial Summary, Exhibit
D.
9. Park and Trail Dedication. Park and Trail dedication requirements for
GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION were
satisfied with the Final Plat of GREAT RIVER CENTRE OF OTSEGO.
10. Storm Water Fees. No Storm Water Fees are applicable to the Final
Plat.
11. Sewer Availability Charges. The Sewer Availability Charges for the
Plat are as set forth on the attached Financial Summary, Exhibit D.
12. Sewer Connection Fees. Sanitary sewer connection fees are paid at the
time of issuance of a building permit. The sewer connection fees shall
be determined at the time that building plans are submitted and
reviewed by CITY.
13. Water Availability Charges. The Water Availability Charges for the
Plat are as set forth on the attached Financial Summary, Exhibit D.
14. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building permit. The water connection charges shall be
determined at the time that building plans are submitted and reviewed
by CITY.
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15. Street and Traffic Control Sign Fees. The fee amount for the Subject
Property was calculated as set forth on the attached Financial Summary,
Exhibit D.
16. CITY Engineering, Engineering Administration, Construction
Observation, and Legal Fee Escrow and City Fees. DEVELOPER
shall pay escrow for the CITY'S engineering, engineering
administration and construction observation services of Municipal
Improvements as set forth on Exhibit C, following execution of this
agreement, in the estimated amount set forth below. City engineering
administration will include consultation with DEVELOPER and its
engineer on status or problems regarding the Project, monitoring during
the warranty period, general administration and processing of requests
for reduction in security. Fees for this service shall be the actual amount
billed for those service estimated to be three percent (3%) of the
estimated construction cost of the improvements to be inspected,
assuming normal construction and project scheduling. DEVELOPER
shall pay for construction observation performed by the City Engineer.
Construction observation shall include part or full time observation, as
determined by the City Engineer, of the Municipal Improvements and
will be billed at hourly rates actually required for said inspection
estimated to be five percent (5%) of the estimated construction cost of
the improvements to be inspected. In the event of prolonged
construction or unusual problems, CITY will notify DEVELOPER of
anticipated cost overruns for engineering administration and observation
services.
The Escrow and Fee account shall include estimated escrow for City
Engineering, Engineering Administration and Construction Observation
limited to the Municipal Improvements expenses and Legal expenses,
and fees for City Administrative, Street and Traffic Control Signs,
Water and Sewer Availability Charges as set forth on the attached
Financial Summary, Exhibit D.
These Escrow and Fee amounts shall be submitted to CITY prior to
CITY executing this Agreement. Any Escrow amounts not utilized for
legal and engineering charges incurred by the City under this
Agreement shall be returned to DEVELOPER when all improvements
have been completed, all financial obligations to CITY satisfied, and all
required "as -built " plans have been received by CITY.
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Engineering, planning and legal fees incurred prior to the execution of
this Agreement shall be deducted from escrow already submitted with
the Plat application or charged against the escrow herein established.
All other amounts listed as one-time fees are non-refundable and
available immediately for CITY use when posted.
17. Security. To ensure compliance with the terms of this Agreement, and
construction of all Municipal Improvements, DEVELOPER shall
furnish CITY with a cash escrow or Irrevocable Standby Letter of
Credit in the amount as set forth on the attached Financial Summary,
Exhibit D.
The issuer and form of the security (other than cash escrow) shall be
subject to CITY approval, which approval shall not be unreasonably
withheld. The security shall be issued by a banking institution in good
standing as detenmined by CITY and approved by the City
Administrator. CITY shall have the ability to draw on the Security by
overnight courier delivery to the bank or branch bank issuing the Letter
of Credit.
The security shall be for a tern ending July 1, 2020 and shall contain an
automatic renewal provision. CITY may draw down the security for
any violation of the terms of this Agreement that is not cured within the
cure period set forth in Section 23 of this Agreement, or upon receiving
notice of the pending expiration of the security. It shall be the
responsibility of DEVELOPER to inforrn CITY at least thirty (30) days
prior to expiration of the security of the impending expiration and the
status of the Project relative to the security and this Agreement. If, for
whatever reason, the security lapses prior to complete compliance with
this Agreement (other than during any warranty period), DEVELOPER
shall immediately provide CITY with either an extension of the security
or an irrevocable letter of credit of the same amount upon notification of
the expiration. If the required improvements are not completed at least
thirty (3 0) days prior to the expiration of the security, CITY may also
draw down the security.
CITY may draw down the security for any violation of the terns of this
Agreement (after any reasonable notice to DEVELOPER and cure
periods as set forth in Section 23 of this Agreement). If the security is
drawn down, the proceeds shall be used to cure any default. CITY will,
upon making determination of final costs to cure any default, refund to
C
the DEVELOPER any monies which CITY has in its possession which
are in excess of the security needed.
Upon receipt of proof satisfactory to CITY that work has been
completed and financial obligations to CITY have been satisfied, the
security will be reduced from time to time down to the amount of
warranty security as set forth in paragraph 18 of this Agreement.
The security shall not be reduced below ten percent (10%) of the posted
security until all improvements have been completed, all financial
obligations to CITY satisfied (which includes posting of warranty
security), and required "as built" plans have been received by CITY.
The intent of this Agreement that CITY shall have access to sufficient
security, either security or warranty security, to complete the Project
and insure warranty on all public improvements.
The security amount shall be submitted to CITY prior to execution of
the Agreement.
18. Warranty. DEVELOPER warrants all work required to be performed
by it against poor material and faulty workmanship for a period of one
(1) year after its completion and acceptance by CITY. The amount of
posted security for public improvements to be posted by DEVELOPER
shall be in the amount as set forth on the attached Financial Summary,
Exhibit D. The amount has been determined by the City Engineer and is
based upon the costs of the raw materials and labor which would be
necessary to correct the most common deficiencies in the public
improvements.
19. Restrictions. The following restrictions apply to the Subject Property
and all lots thereon shall be held, sold, and conveyed subject to the
following conditions and restrictions, which are for the purpose of
protecting the value and desirability of the Plat and insuring all
conditions imposed by CITY in this Agreement are properly recorded
against the Final Plat. Said conditions shall run with the real property
and be binding upon all parties having a right, title or interest in the
Subject Property or any part thereof, their heirs, executors,
representatives, successors and assigns: DEVELOPER shall enter into
and record a cross easement for ingress and egress over and across the
private drive on the northern portion of the property with the property
owner of LOT1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO
FIFTH ADDITION.
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20. Responsibility for Costs.
A. Except costs for Developer's Internal Improvements, DEVELOPER
shall pay all costs incurred by it or CITY in conjunction with the
development of the Plat and building, including, but not limited to
legal, planning, engineering, and inspection expenses in connection
with the development and said Building.
B. DEVELOPER shall hold CITY and its officers, employees and
agents harmless from claims made by itself and third parties for
damages sustained or costs incurred resulting from DEVELOPER's
acts or failures to act in connection with development of the Subject
Property by DEVELOPER. DEVELOPER shall indemnify CITY
and its officers, employees and agents for all costs, damages or
expenses which CITY may pay or incur in consequence of such
claims, including attorney's fees.
C. DEVELOPER shall reimburse CITY for costs incurred in the
enforcement of this Agreement, including engineering fees, planning
fees, attorney's fees, and costs and disbursements. CITY shall
reimburse DEVELOPER for costs incurred in the enforcement of
this Agreement, including engineering fees, attorney's fees, and
costs and disbursements.
D. DEVELOPER shall pay in full all bills submitted to it by CITY for
obligations incurred under this Agreement and agreed to be paid by
DEVELOPER under this Agreement within thirty (30) days after
receipt. If the bills are not paid on time, and DEVELOPER does not
reasonably dispute the payment of amount of such bill CITY may
either reimburse itself from existing Escrow or Security or may halt
all Building 3 development work and construction until all bills are
paid in full. Bills not paid within thirty (30) days shall accrue interest
at the rate of twelve percent (12%) per year.
21. Miscellaneous.
A. Third parties shall have no recourse against CITY under this
Agreement.
B. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid, such
decision shall not affect the validity of the remaining portion of this
Agreement.
C. The action or inaction of CITY or DEVELOPER shall not constitute
a waiver or amendment to the provisions of this Agreement. To be
binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council.
CITY's or DEVELOPER's failure to promptly take legal action to
enforce this Agreement shall not be a waiver or release.
D. This Agreement shall run with the land, shall be recorded against the
title to the Subject Property, and shall be binding on all parties
having any right, title or interests in the Subject Property or any part
thereof, their heirs, successors and assigns.
E. Each right, power or remedy herein conferred upon CITY or
DEVELOPER is cumulative and in addition to every other right,
power or remedy, express or implied, now or hereafter arising,
available to CITY or DEVELOPER, 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
CITY or DEVELOPER and shall not be a waiver of the right to
exercise at anytime thereafter any other right, power or remedy.
F. DEVELOPER shall pay for all local costs related to drainage
improvements required to complete the construction of the Plat and
building according to the Building Development Plans. Local costs
are costs related to required internal drainage improvements such as
retention ponds.
G. Should development of the Plat or building proceed at a pace slower
than anticipated, and for that reason, specific terms of this
Agreement become onerous or unduly burdensome to
DEVELOPER, upon DEVELOPER's application, CITY will enter
into negotiations regarding those specific terms and shall not
unreasonably withhold consent to appropriate changes in the terms
of this Agreement.
H. DEVELOPER shall demonstrate and maintain compliance with the
1991 Wetland Conservation Act.
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22. Violation of Agreement. If while the escrow or security provided in
this Agreement is outstanding, a violation of any of the covenants or
agreements herein contained occurs and such violation is not cured
within thirty (3 0) days after written notice thereof from CITY to
DEVELOPER, CITY may draw upon the DEVELOPER's escrow or
security to cure any violation of the Agreement and to reimburse CITY
for any costs incurred in curing the violation.
23. Maintain Public Property Damaged or Cluttered During
Construction. DEVELOPER agrees to assume full financial
responsibility for any damage which may occur to public property
including, but not limited to , street, street sub -base, base, bituminous
surface, curb, utility system including, but not limited to, watermain,
sanitary sewer or storm sewer when said damage occurs as a result of
construction activity which takes place during development of the
Subject Property by DEVELOPER or its contractors, except for damage
caused by CITY, its employees, agents or contractors. DEVELOPER
further agrees to pay all costs required to repair the streets and/or utility
systems damaged or cluttered with debris when occurring as a direct or
indirect result of the Developer's construction that takes place on the
Subject Property. In the event that DEVELOPER is required to maintain
or repair such damage and fails to maintain or repair the damaged public
property referred to aforesaid within thirty (30) days after written notice
from CITY or such longer period as may reasonably necessary or in the
event of an emergency as shorter time period as determined by CITY,
CITY may, upon notifying DEVELOPER undertake making or causing
it to be repaired or maintained. When CITY undertakes such repair,
DEVELOPER shall reimburse CITY for all its reasonable expenses
within thirty (30) of its billing to DEVELOPER. If DEVELOPER fails
to pay said bill within thirty (30) days, the security shall be responsible
for reimbursing CITY.
24. Non -Assignment Without Consent. The obligations of DEVELOPER
under this Agreement may be assigned by DEVELOPER if the
assignment is approved by CITY. However, DEVELOPER shall not be
released from its obligations under this Agreement without the express
written consent of the City Council through Council resolution.
25. Subordination. This Agreement must be recorded against the Subject
Property and all other liens, interests or mortgages shall be subordinate
to the terms and conditions this Agreement and said Agreement shall
not be subject to foreclosure by any other lien, interest or mortgage.
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26. Notices. Required notices to DEVELOPER shall either hand delivered
to DEVELOPER, it employees or agents, or mailed to DEVELOPER by
registered mail or sent by overnight delivery at the following address:
. Notice to CITY shall be in
writing and shall be either hand delivered to the City Clerk or Deputy
City Clerk or mailed by registered mail or sent by overnight delivery at
the following address: City of Otsego, City Hall, 13400 9011 Street NE,
Otsego, MN 55330, Attention: City Clerk.
27. Agreement Effect. This Agreement shall be binding and extend to the
respective representatives, heirs, successors and assigns of the parties
hereto.
28. Amendment. This Agreement shall be amended only by addendum
executed by both parties to this Agreement.
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IN WITNESS WHEREOF, DEVELOPER and CITY have executed this
Agreement as of the day and year above first written.
CITY OF OTSEGO,
A municipal corporation
Jessica Stockamp, Mayor
Tami Loff, City Clerk
LIL' EXPLORERS
A Minnesota
in
Its:
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STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
On this day of , 2019 before me personally appeared Jessica
Stockamp and Tami Loff to me known as the persons described in the foregoing
instrument and who did say they are, respectively, the Mayor and City Cleric of the
municipal corporation named therein and that said instrument was signed on
behalf of said municipal corporation by authority of its City Council and said
Jessica Stockamp and Tami Loff acknowledged said instrument to be the free act
and deed of said municipal corporation.
NOTARY PUBLIC
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
On this day of , 2019, before me personally appeared
to me known as the person described in the foregoing instrument and who did say
he is the of Lil' Explorers and that said instrument was signed on
behalf of Lil' Explorers with authority and on behalf of the and said
acknowledged said instrument to be the free act and deed of said
entity.
NOTARY PUBLIC
DRAFTED BY:
MACARTHUR LAW OFFICE
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
763-231-5850
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EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
LOT 1, BLOCK 1, GREAT RIVER CENTRE OF OTSEGO SIXTH ADDITION
according to the recorded plat thereof, Wright County, Minnesota,
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DEVELOPMENT PLANS FOR THE SUBJECT PROPERTY
Development Plans for LOT 1, BLOCK 1, GREAT RIVER CENTRE OF
OTSEGO SIXTH ADDITION by SISU Land Surveying and Engineering dated
2019 and approved by CITY 2019, cover sheet attached.
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EXHIBIT C- MUNICIPAL IMPROVEMENTS
Watermain
1
EXHIBIT D
FINANCIAL SUMMARY (ATTACHED)
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