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ITEM 3.11 Pleasant Creek Farms 6th Addition:i otS T Y F O MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 25 November 2019 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Engineer Wagner City Attorney MacArthur 3.11 Pleasant Creek Farms 6th STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: PUD-CUP/Preliminary Plat, Final Plat and Development Agreement for Pleasant Creek Farms 6th Addition 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 18 November 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. 23 February 2005 for development of 209 townhouse units of which 131 were constructed and 78 not Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of vacation of existing right-of-way and drainage and utility easements, a PUD-CUP/Preliminary Plat, Final Plat and Development Agreement for Pleasant Creek Farms 6th Addition ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes Held by Planning Commission 18 November 2019 BACKGROUND/JUSTIFICATION: A preliminary plat and PUD -CUP was approved on 13 January 2013 to subdivide 19.2 acres located north of 77th Street and east of CSAH 19 into 47 single family lots. The subject site was previously final platted on 23 February 2005 for development of 209 townhouse units of which 131 were constructed and 78 not constructed. The subject site also consists of two outlots preliminary platted as future phases of additional townhouse units as part of Pleasant Creek Farms. A final plat for the 47 single family lot preliminary plat was approved on 10 September 2018. However, the developer did not record the final plat within 100 days as required by Section 10-5-3.13.8 of the Subdivision Ordinance and the approval expired. Owner OP3 Pleasant Creek LLC has now submitted application to reestablish the preliminary plat/PUD-CUP for the 47 single family lot subdivision and a first phase final plat of 4 lots. A public hearing to consider the applications has been held by the Planning Commission at their meeting on 18 November 2019. Mr. John Bender of Westwood Professional Services was present on behalf of the applicant. Mr. Bender agreed to the recommendations of City staff. Two residents of an adjacent 4 -unit townhouse building had questions regarding the type of home and timing of development, which were addressed by City staff. The Public Hearing was closed. The Planning Commission discussed the expiration of the prior approvals. City staff explained the process, fees/securities, and timing involved with final platting. There were no other questions or comments by the Planning Commission. The Planning Commission voted 7 -Oto recommend City Council approval of the applications. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 13 November 2019 ■ Engineering Review dated 20 November 2019 ■ Resolution 2019-75 vacating existing ROW and drainage and utility easements ■ Findings of Fact and Decision ■ Resolution 2019-76 approving a Development Agreement ■ Development Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to adopt Resolution 2019-75 vacating existing right-of-way and drainage and utility easement; approve a PUD-CUP/preliminary plat and final plat of Pleasant Creek Farms 6th Addition subject to the conditions in the Findings of Fact and Decision as presented; and adopt Resolution 2019-76 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: N/A TPC The Planning Company PLANNING REPORT 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPCQPlanningCo.com TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP REPORT DATE: 13 November 2019 ACTION DATE: 22 December 2019 RE: Otsego — Pleasant Creek Farms 6th Addition TPC FILE: 101.02 BACKGROUND A preliminary plat and PUD -CUP was approved on 13 January 2013 to subdivide 19.2 acres located north of 77th Street and east of CSAH 19 into 47 single family lots. The subject site was previously final platted on 23 February 2005 for development of 209 townhouse units of which 131 were constructed and 78 not constructed. The subject site also consists of two outlots preliminary platted as future phases of additional townhouse units as part of Pleasant Creek Farms. A final plat for the 47 single family lot preliminary plat was approved on 10 September 2018. However, the developer did not record the final plat within 100 days as required by Section 10-5-3.13.8 of the Subdivision Ordinance and the approval expired. Owner OP3 Pleasant Creek LLC has now submitted application to reestablish the preliminary plat/PUD-CUP for the 47 single family lot subdivision and a first phase final plat of 4 lots. A public hearing to consider the applications has been noticed for the Planning Commission meeting on 18 November 2019. Exhibits: ■ Site Location ■ Preliminary Plat ■ Final Plat (2 sheets) ■ Overall Construction Plan 0 Overall Development Grading, Drainage and Erosion Control Plan ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for medium -to -high density uses. Single family lots are an allowed use within these areas consistent with the City's emphasis on single family dwellings the primary housing type in Otsego. Zoning. The subject site is zoned R-6, Medium Density Residential, which allowed for the townhouse development as preliminary platted on 14 April 2003. The R-6 District also allows single family dwellings as a permitted use. Surrounding Uses. The subject site is surrounded by the following existing and planned land uses. The proposed Pleasant Creek Farms 61h Addition is compatible with the existing and planned land uses surrounding the subject site. Direction Land Use Plan Zoning Map Existing Use North MD/HD Residential A-1 District Farmstead East LD Residential R-6 District Single family dwellings South MD/HD Residential R-6 District Townhouse dwellings West MD/HD Residential R-3 District R-6 District Single family dwellings Townhouse dwellings Access. The subject site is accessed from 77th Street, east of LaBeaux Avenue (CSAH 19), which also serves the Arbor Creek subdivision to the east. The roadway has adequate capacity for the approved Pleasant Creek Farms subdivision and the proposed preliminary plat will result in a substantial reduction in the traffic generated in this neighborhood. Streets. The proposed preliminary plat includes extension of Lachman Avenue and Lambert Avenue with an arrangement that is generally consistent with the approved preliminary plat of Pleasant Creek Farms. The underlying right-of-way for streets within the preliminary plat was vacated by the City Council on 10 September 2018. A temporary cul-de-sac is provided for Lambert Avenue west of Lachman Avenue that could someday be extended through to the LaBeaux Avenue (CSAH 19) frontage road if the existing one -acre single family lots are redeveloped. A second cul-de-sac is added west of Lambert Avenue based on the configuration of the undeveloped parcel and adjacent townhouse development plan. The public streets are designed to be 28 feet wide with concrete curb and gutter consistent with the Engineering Manual. It is noted that the preliminary plat approved for developed and undeveloped portions of the townhouse subdivision provided for a 50 foot wide public right-of- way. The City allows for 50 foot rights-of-way within townhouse developments because of the drainage and utility easements overlying the common open space, but 60 feet of right-of-way is required for single family neighborhoods and this is shown on the proposed preliminary plat for Pleasant Creek Farms 6th Addition. All rights-of-way and street designs and construction plans are subject to review and approval by the City Engineer. OA Street lighting is required by Title 8, Chapter 8 of the City Code to be installed at intersections, the terminus of cul-de-sac streets, and the midpoint of blocks longer than 300 feet. The City Engineer will determine the number and location of required street lights. The developer will pay a fee for installation of the street lights with the development agreement. Lot Requirements. The R-6 District establishes the following minimum lot requirements. The proposed lots all exceed the minimum lot area and width requirements of the R-6 District. The actual minimum lot width shown on the preliminary plat is 70 feet. The average area of the 47 lots is 11,470 square feet. The proposed lots have adequate area within required setbacks to allow for construction of single family dwellings. The setback required from 7711 Street is to be 35 feet to maintain consistency with the setbacks of existing townhouse and single family dwellings within Pleasant Creeks Farms and Arbor Creek, respectively. Sidewalks. The submitted preliminary plat includes sidewalks on one side of Lachman Avenue and Lambert Avenue aligned with the location of existing sidewalks in the area. There is also an existing bituminous trail that encroaches along the west side of Block 2 extending north from 77th Street. This is a private trail that was to be part of the open space within the townhouse development and is to be removed within the area of the Pleasant Creek Farms 6th Addition preliminary plat. Landscaping. Section 11-19-2.B.1 of the Zoning Ordinance requires two shade trees per lot to be installed at the time of construction. No other landscaping is required for the proposed preliminary plat. . Utility Plan. The developer has submitted utility plans for extension of sanitary sewer and water connections. The service lines were stubbed to the boundaries of the subject site and no reconstruction of service lines previously installed based on the Pleasant Creek Farms 4th Addition will be required. All utility plans and issues are subject to review and approval by the City Engineer. The developer will receive credit for the utility availability charges for the 62 townhouse dwellings final platted within the subject site. No additional utility availability charges will be required to be paid for the lots within the Pleasant Creek Farms 6th Addition preliminary plat. The builder will be required to pay utility connection charges when a building permit is issued for each single family dwelling based on the current fee in effect at that time. Lot Area Lot Width Lot Depth Setbacks Front/ Side Corner' Side Interior Rear Wetland Interior 9,OOOsf. (net) 60ft. 100ft. 25ft./ 30ft. garage face 7ft. 20ft. 40ft. Corner 90ft. 1. The setback from 771h Street shall be 35ft. The proposed lots all exceed the minimum lot area and width requirements of the R-6 District. The actual minimum lot width shown on the preliminary plat is 70 feet. The average area of the 47 lots is 11,470 square feet. The proposed lots have adequate area within required setbacks to allow for construction of single family dwellings. The setback required from 7711 Street is to be 35 feet to maintain consistency with the setbacks of existing townhouse and single family dwellings within Pleasant Creeks Farms and Arbor Creek, respectively. Sidewalks. The submitted preliminary plat includes sidewalks on one side of Lachman Avenue and Lambert Avenue aligned with the location of existing sidewalks in the area. There is also an existing bituminous trail that encroaches along the west side of Block 2 extending north from 77th Street. This is a private trail that was to be part of the open space within the townhouse development and is to be removed within the area of the Pleasant Creek Farms 6th Addition preliminary plat. Landscaping. Section 11-19-2.B.1 of the Zoning Ordinance requires two shade trees per lot to be installed at the time of construction. No other landscaping is required for the proposed preliminary plat. . Utility Plan. The developer has submitted utility plans for extension of sanitary sewer and water connections. The service lines were stubbed to the boundaries of the subject site and no reconstruction of service lines previously installed based on the Pleasant Creek Farms 4th Addition will be required. All utility plans and issues are subject to review and approval by the City Engineer. The developer will receive credit for the utility availability charges for the 62 townhouse dwellings final platted within the subject site. No additional utility availability charges will be required to be paid for the lots within the Pleasant Creek Farms 6th Addition preliminary plat. The builder will be required to pay utility connection charges when a building permit is issued for each single family dwelling based on the current fee in effect at that time. Grading, Drainage, and Erosion Control. The developer has submitted a grading plan and updated stormwater information for the proposed preliminary plat, which is subject to review and approval of the City Engineer. The existing open drainageway along the north boundary of the site and the stormwater basin at the center of the preliminary plat are included within outlots that will be required to be deeded to the City for on-going maintenance in accordance with Section 10-7-12.1) of the Subdivision Ordinance. Stormwater area charges were paid for the area of Pleasant Creek Farms 4th Addition final platted for 209 townhouse units. However, stormwater area charges were not paid for Outlots C and D, Pleasant Creek Farms 4th Addition. Stormwater area charges for Otsego Creek will be due for these 9.21 acres at the time of each phased final plat approval for the areas of Outlots C and D Pleasant Creek Farms 4th Addition based on the current fee in effect at that time. Easements. Existing drainage and utility easements within the subject site were approved by the City Council to be vacated on 10 September 2019. The preliminary plat provides perimeter drainage and utility easements for each single family lot as required by Section 10-8-12.A of the Subdivision Ordinance. Easements adequate for City access to Outlots A and B have also been provided between Lots 3 and 4, Block 1 and from the townhouse base lot adjacent to Lot 14, Block 3. All easements are subject to review and approval by the City Engineer. Park Dedication. Park dedication requirements for Pleasant Creek Farms were to be satisfied as a cash fee in lieu of land paid at the time of final plat approval. Park dedication fees were paid for 209 units. The park dedication in lieu of land fee for the townhouse dwelling units not constructed within the Pleasant Creek Farms 4th Addition will be applied as credit for the 47 single family lots within the proposed Pleasant Creek Farms 6th Addition preliminary plat. No additional cash fee will be required to be paid for park dedication purposes. Final Plat. The developer has submitted a final plat for the first phase of development to consist of the 4 lots on the north side of 77th Street, west of Lambert Avenue. The balance the subject will be platted as Outlots A, B, and C for future phases of development. Development Agreement. The City Attorney will draft a development agreement related to the proposed final plat in accordance with Section 10-10-4.A of the Subdivision Ordinance. The Development Agreement is to be adopted by resolution of the City Council concurrent with the final plat approval and executed prior to recording of the final plat. Section 10-5-3.B.8 of the Subdivision Ordinance requires that the development agreement be executed and the final plat be recorded within 100 days of City Council approval. RECOMMENDATION The proposed preliminary plat/PUD-CUP for Pleasant Creek Farms 61h Addition is an infill development of an existing neighborhood. The proposed replatting of the approved townhouse dwellings as single family lots provides for a desirable transition between the existing townhouse dwellings of Pleasant Creek Farms and single family homes in Arbor Creek. 4 The preliminary plat/PUD-CUP and final plat are consistent with the requirements of the Zoning Ordinance and Subdivision Ordinance. Our office recommends approval of the applications as outlined below. POSSIBLE ACTIONS A. Motion to approve a preliminary plat/PUD-CUP and final plat for Pleasant Creek Farms 6th Addition subject to the following stipulations: 1. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacityto approved final plats with signed development contracts to assure the City of timely development. 2. All rights-of-way, street design and construction plans, and street lighting shall be subject to review and approval by the City Engineer. 3. Lots within the preliminary plat shall be subject to the requirements of the R-6 District except as may be modified below: 4. All utility plans and issues shall be subject to review and approval by the City Engineer. 5. Outlots A and B as shown on the preliminary plat shall deeded to the City in accordance with Section 10-8-12.1) of the Subdivision Ordinance for stormwater management purposes. All grading, drainage, and erosion control plans and issues shall be subject to review and approval of the City Engineer. 7. All easements shall be subject to review and approval of the City Engineer. 8. The developer shall be entitled to credits related to utility availability charges, park dedication fees paid in lieu of land, and Otsego Creek stormwater area charges paid with the final plat and development contract for Pleasant Creek Farms 4111 Addition. The amount of the credit will be limited as being up to the amount of the charges due for the Pleasant Creek Farms 6th Addition preliminary plat. Any uncredited portion of the charges paid with the Pleasant Creek Farms 4th Addition final plat shall be retained by the City. 5 Lot Area Lot Width Lot Depth Setbacks Front/ Side Corner' Side Interior Rear Wetland Interior 9,000sf. (net) 60ft. 100ft. 25ft./ 30ft. garage face 7ft. 20ft. 40ft. Corner 90ft. 1. The setback from 77th Street shall be 35ft. 4. All utility plans and issues shall be subject to review and approval by the City Engineer. 5. Outlots A and B as shown on the preliminary plat shall deeded to the City in accordance with Section 10-8-12.1) of the Subdivision Ordinance for stormwater management purposes. All grading, drainage, and erosion control plans and issues shall be subject to review and approval of the City Engineer. 7. All easements shall be subject to review and approval of the City Engineer. 8. The developer shall be entitled to credits related to utility availability charges, park dedication fees paid in lieu of land, and Otsego Creek stormwater area charges paid with the final plat and development contract for Pleasant Creek Farms 4111 Addition. The amount of the credit will be limited as being up to the amount of the charges due for the Pleasant Creek Farms 6th Addition preliminary plat. Any uncredited portion of the charges paid with the Pleasant Creek Farms 4th Addition final plat shall be retained by the City. 5 The developer shall execute a development agreement as drafted by the City Attorney and subject to approval of the City Council concurrent with final plat approval. 10. The final plat shall be recorded by 4 March 2020 as provided for Section 10-5- 3.6.8 of the Subdivision Ordinance. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance. C. Motion to table. C. 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Hagen I1, P.E., Westwood Professional Services Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: November 20, 2019 Proposed Development: Pleasant Creek Farms 6th Addition Street Location A portion of the NW %a of S25, T121, R24, north of 77th Street, of Property: east of LaBeaux Avenue NE. Applicant: Ben Schmidt Developer: OP3 Pleasant Creek, LLC 1660 Highway 100 South, Suite 400 St. Louis Park, MN 55416 Owners of Record: OP3 Pleasant Creek, LLC Purpose: Pleasant Creek Farms 6th Addition is a proposed 9.24± acre, 4 lot single-family residential development in the City of Otsego, Wright County, Minnesota. This is a replat of a portion of the Pleasant Creek Farms 41h Addition. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), and (but not limited to) Minnesota Pollution Control Agency (sanitary sewer) TABLE OF CONTENTS INFORMATION AVAILABLE PRELIMINARY PLAT FINAL PLAT CONSTRUCTION PLANS COVER OVERALL AND REMOVALS PLAN SANITARY AND WATERMAIN CONSTRUCTION PLAN STREET AND STORM SEWER CONSTRUCTION PLAN DETAILS GRADING PLANS HYDROLOGY & STORM SEWER DESIGN WETLANDS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATIONS PAGE 2 S:\MunicipalWotsego22xx\2299.06\ot2299.06 RVW1.docx INFORMATION AVAILABLE Final Plat for Pleasant Creek Farms 6th Addition, received 11/11/19, by Westwood Professional Services, Inc. Road Right of Way Vacation, dated 11/11/19, by Westwood Professional Services, Inc. Easement Vacation, dated 10/24/19, by Westwood Professional Services, Inc. Grading Plans for Pleasant Creek Farms 6th Addition, 7/24/18, by Westwood Professional Services, Inc. Preliminary Landscaping Plan, revised 12/19/13, by Westwood Professional Services, Inc. Storm Sewer Design calculations for Pleasant Creek Farms 5th Addition, 8/31/18, by Westwood Professional Services, Inc. Storm -water Ponding calculations for Pleasant Creek Farms 5th Addition, 2/13/14, by Westwood Professional Services, Inc. Previous Pleasant Creek Farms Additions' Information Final Plat of Pleasant Creek Farms 4th Addition, filed 5/4/05, by Westwood Professional Services, Inc. Preliminary Plat of Pleasant Creek Farms 5th Addition, 12/19/13, by Westwood Professional Services, Inc. Preliminary Plat of Pleasant Creek Farms, 3/18/03, by McCombs Frank Roos Associates, Inc. Grading, Drainage and Erosion Control Plan for Pleasant Creek Farms, 10/30/03 revision, by McCombs Frank Roos Associates, Inc. Additional Information Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 3 S:\Municipal\Aotsego22xx\2299.06\ot2299.06 RVW1.docx 1. It has been clarified with the developer's engineer that only the 4 single family lots along the north side of 77th Street are proposed to be platted/constructed at this time. The construction and grading plans show the entire site and all roads being constructed without any phase or construction limits indicated. Prior to construction or acceptance to of the final plat of just Lots 1-4, Block 1 the associated plans shall be revised to indicated the actual construction limits. We have only reviewed the submitted plans with only the necessary improvement required to construct these lots in mind. Prior to construction of the next phase of construction a "7th Addition" shall be platted and the improvements for that next addition will be reviewed then. PRELIMINARY PLAT 2. The previously submitted preliminary plat documents for Pleasant Creek Farms 5th Addition (now called 6th Addition) were revised 12/19/13. It appears that the revised preliminary plat addressed the engineering review dated 12/11/13 comments. The current Pleasant Creek Farms 6th Addition is in general conformance with the previously approved preliminary plat. FINAL PLAT 3. The easement over previously platted Outlot C (Pleasant Creek 4th Addition) is being vacated as is some of previously platted Right -of -Way. The exhibits and descriptions appear to be acceptable. 4. Lachman Avenue only has 50' of right-of-way shown. 50' matches the right-of-way to the south along Lachman Avenue. 60' of right-of-way is being provided for Lambert Avenue (non-townhome streets). All streets are to be public streets. Note, no street construction is proposed with the 6th Addition plat/construction. 5. Round ROW at the Lambert Avenue and 77th Street intersection. CONSTRUCTION PLANS COVER SHEET 6. The plans shall be revised to include only the construction to be done at this time. OVERALL AND REMOVALS PLAN 7. Clearly show construction limits. 8. Show cluster mailbox locations on the plan. Locations subject to Postmaster approval. SANITARY AND WATERMAIN CONSTRUCTION PLAN 9. See comment #1 & #6, we are only reviewing utilities necessary to service Lots 1-4, Block 1. 10. The lot and block numbers do not agree with the final plat. PAGE 4 S:\Municipal\Aotsego22xx\2299.06\ot2299.06 RVW1.docx 11. It appears that water and sewer services are being installed to Lots 1 and 3, Block 1 (4" water and sewer service have been stubbed out for Lots 2 & 4, Block 1 with the Pleasant Creek Farms 2nd Addition). It will be difficult to installed these 2 new services to the main lines in 77th Street. The existing sanitary sewer is approx. 18' deep here which would require the entire street width to be excavated and closed for a time. This is not a desirable option for the City. Hakanson Anderson has had discussions with Westwood Professional Services and will continue to work towards an option acceptable to the City, for servicing these 2 new lots. STREET AND STORM SEWER CONSTRUCTION PLAN 12. Only the storm sewer from CB 527 to ex CBMH 18 at 77th Street needs to be installed with these 4 lots. This line will be covered by the required drainage and utility easements or within right-of-way. 13. Storm sewer design calculations dated 2/14/14 indicate that the additional storm water being directed to the existing system will increase the existing downstream flow above the pipe capacity for a 10 -yr storm event. Westwood Professional Services have submitted additional calculations dated 8/31/19 showing that although the designed pipe capacity is exceeded by a 10 -yr storm event, even under a 100 -yr storm event, no structure is overtopped (i.e. hydraulic grade line will not exceed the rim elevations). This is acceptable. DETAILS 14. No comments. GRADING PLANS 15. See comment #1 & #6, we are only reviewing utilities necessary to service Lots 1-4, Block 1. SURFACE WATER MANAGEMENT/STORM SEWER SYSTEM 16. See comment #13. WETLANDS 17. A No Loss - Notice of Decision was approved 10/7/13 per the Minnesota Wetland Conservation Act. This is past the 5 -year time limit. Since the entire site layout has not changed since then and after discussion with Kaci Fisher, it is recommended that an extension SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comment being addressed. PAGE 5 S:\Municipa[\Aotsego22xx\2299.06\ot2299.06 RVW1.docx RESOLUTION NO.: 2019 - 75 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING PUBLIC RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS. WHEREAS, public right-of-way and easements were dedicated for public drainage and utility purposes with the plat of Pleasant Creek Farms 4th Addition as described by Exhibit A; and, WHEREAS, OP3 Pleasant Creek LLC has applied for approval to final plat Pleasant Creek Farms 6th Addition; and, WHEREAS, the final plat of Pleasant Creek Farms 6th Addition includes dedication of public right-of-way for proposed streets drainage and utility easements required by the Subdivision Ordinance; and, WHEREAS, the dedication of public right-of-way and drainage and utility easements with the final plat of Pleasant Creek Farms 6th Addition supersede and make unnecessary those easements described by Exhibit A; and, WHEREAS, OP3 Pleasant Creek LLC has applied for vacation of the public right- of-way and drainage and utility easement described by Exhibit A; and, WHEREAS, the City Council held a public hearing at their regular meeting on 10 September 2018 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the City Council heard all parties interested therein and closed the public hearing; and, WHEREAS, the public right-of-way and drainage and utility easements described by Exhibit A serve no useful public purpose; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating the existing right- of-way and drainage and utility easements as shown on Exhibit A would be in the public interest; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the drainage and utility easements located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A are hereby vacated. 2. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 25th day of November, 2019. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor 2 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-76 APPROVING DEVELOPERS AGREEMENT PLEASANT CREEK FARMS 6TH ADDITION WHEREAS, OP3 Pleasant Creek LLC has an approved Plat known as PLEASANT CREEK FARMS 6TH ADDITION; and WHEREAS, the approved Plat requires construction of public improvements, payment of City costs and fees and escrow and security; 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; 1. The attached Developers Agreement between the City of Otsego and OP3 Pleasant Creek LLC is hereby approved in form, subject to modification of fees, charges and security as approved by City staff. 2. The Mayor and City Clerk are hereby authorized to execute the final Developers Agreement on behalf of the City of Otsego. ADOPTED this 25th day of November, 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 PLEASANT CREEK FARMS 6TH ADDITION THIS DEVELOPMENT AGREEMENT (the "Agreement") entered into this day of December, 2019 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and OP3 Pleasant Creek LLC, a limited liability company under the laws of the State of Minnesota ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve that plat entitled PLEASANT CREEK FARMS 6TH ADDITION (the "Plat"). The legal description of the property covered by this Agreement is as follows: See Exhibit A (the "Property"). The Plat contains four (4) single family residential lots and two outlots. The plat is located within the City's West Sewer District, is zoned R-6, Medium Density Residential District as approved by Ordinance adopted by the City Council on January 13, 2013. 2. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enter into this Agreement, furnish the security required by the Agreement, and record the Plat and Agreement with the Wright County Recorder or Registrar of Titles within one hundred (100) days after the City Council approves the Agreement. The Developer shall cooperate with the City in recording the Agreement and all required additional deeds and documents and providing assurance that the Agreement and all required ancillary documents have been properly and timely recorded. 1 3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) this Agreement has been recorded with the Wright County Recorder's Office, 4) The Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. 4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service to the four (4) lots within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. PLEASANT CREEK FARMS 6TH ADDITION is a planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3c, and no amendment to the City's Comprehensive Plan or other Official Controls shall apply to or affect the use, development density, lot size, lot layout, or platting requirements for PLEASANT CREEK FARMS 6TH ADDITION for a period of five (5) years. Thereafter, notwithstanding anything in this Agreement 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, or other Official Controls enacted after the date of this Agreement. This provision does not apply to regulations or Official Controls related to park and trail dedication or any fee established by the City chargeable to the Developer for municipal costs arising from said future phases. 6. Development Plans. The Plat shall be developed in accordance with the plans on file at the office of the City Clerk and the conditions stated below. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A Final Plat, PLEASANT CREEK FARMS 6T11 ADDITION prepared by Westwood Professional Services, Inc. Plan B Grading, Drainage, and Erosion Control Plan prepared by Westwood Professional Services, Inc. and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for PLEASANT CREEK FARMS 6' ADDITION, as prepared by Westwood Professional Services, Inc. and as finally approved by the City Engineer. 1) Plan D Landscape Plan for PLEASANT CREEK FARMS 6' ADDITION, prepared by Westwood Professional Services, Inc., and as finally approved by the City Zoning Administrator. 7. Improvements. The Developer shall install and/or pay for the following public improvements the "Public Improvements" or "Improvements": A. Streets B. Street lights C. Site grading and ponding D. Underground installation of all utilities E. Sanitary sewer lines F. Water lines G. Storm water management improvements H. Setting of lot and block monuments I. Construction surveying and staking J. Traffic control signs Improvements shall be installed in accordance with City standards, the City Code, and the above -referenced plans that have been furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so by the City Engineer, and at the Developer's expense, have one (1) or more City inspectors and a qualified engineer inspect the work. Within thirty (30) days after the completion of the Improvements and before all retained security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. Before the security for the completion of utilities is fully released, iron monuments shall be installed in accordance with Minnesota Statutes 505.021, Subd. 9 (3). The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed following site grading, utility and street construction. 8. 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 twenty five percent (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 7 above. 9. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include, but are not limited to: 3 A. Wright County for County Road access and work in County right 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 Otsego for building permits I. City of Otsego for sanitary sewer connections J. City of Otsego for retaining walls 10. 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 be strictly followed. 11. Time of Performance. The Developer shall install all Improvements by December 31, 2020, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed not later than October 15th and in accordance with Section 17 of this Agreement. The Developer may request an extension of time from the City to be submitted in writing to the City Clerk, for which said extension shall be conditioned upon updating the security posted by Developer to reflect cost increases and the extended completion date. Final wear course placement outside of the above time frame must have the written approval of the City Engineer. The City may impose additional conditions on the extension necessary to ensure performance. 12. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors an irrevocable right of entry to enter the Property to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of Improvements by Developer or the City, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the developer thirty (30) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts the Improvements and expiration of any applicable warranty period. 13. Erosion Control. Prior to initiating site grading, and before any utility construction is commenced or further building permits are issued, the Erosion Control Plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If 4 the City Engineer determines that it would be unreasonable to require full implementation of the Erosion Control Plan prior to utility construction or issuance of certain building permits, the City Engineer shall state in writing what construction can take place and what particular building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the opinion of the City Engineer, they would be beneficial to the Property, the City may impose, with notice to the Developer, additional reasonable control measures. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the Erosion Control Plan and schedule or any supplementary instructions, the City may, with reasonable notice and opportunity to cure, take action as it deems appropriate. 14. Grading Plan. Property grading shall be in accordance with the approved Grading Plan, Plan B. The Grading Plan shall conform to City specifications and the City Code. Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of grading and before any retained security is fully released, the Developer shall provide the City with an "as built" grading plan including certification by a registered land surveyor or qualified engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: A. Cross sections of ponds B. Location and elevations of swales and ditches C. Lot corners and house pads Occupancy permits shall not be issued by the Building Official until the Grading and Drainage plan is certified as set forth above. 15. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets and construction sites in accordance with the City Code resulting from construction work by the Developer, its agents or assigns. 16. Ownership of Improvements. Upon acceptance by the City Council of the work and construction required by this Agreement, Improvements lying within public easements and public right-of-way shall become City property without further notice or action. 17. Streets. The Developer agrees to maintain the streets located within the Plat until the base course bituminous surfacing has been accepted by the City. Should the City be required to grade the street prior to paving, the cost of such grading shall be paid by the Developer and drawn from the Developer's letter of credit. Should snow plowing be necessary prior to street paving, the Developer shall be responsible for such plowing as may be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to plow the street prior to acceptance, such work will be done upon agreement that the s Developer will hold harmless and indemnify the City from any and all liability claims related to such work and pay all costs associated with that work. Any plowing undertaken by the City will constitute no acceptance or evidence of acceptance of the street(s) in question. The final wear course shall not be constructed until at least one construction season after the base construction is completed and shall be delayed one more construction season if at least 75% build out is not achieved. However, the final wear course shall not be delayed for a period longer than two years after the base course is paved, regardless of build out; in which case, the Developer shall provide an escrow for fog sealing the streets in the event the final wear course is placed prior to 75% build out. Upon final completion of streets and acceptance by the City as a City street rather than a private drive, the Developer shall guarantee to the City for a period of two (2) years that the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the streets are accepted as City streets by the City. The two (2) year warranty set forth above commences upon the date on which the City accepts the streets by resolution. 18. Sewage Treatment. No occupancy permit for any building within the Plat will be issued by the City unless the Building Official has inspected both the sewer and water connections to the building and has certified that they have been constructed satisfactorily in accordance with City specifications and the City Code. 19. Administrative Fee. A fee for City Administration of this project is one percent (1%) of estimated construction costs of the Public Improvements as set forth on the Financial Summary, Exhibit B. 20. Sewer Availability Charges. The Sewer Availability Charges for this Plat have already been paid with the previous Plat, PLEASANT CREEK FARMS 4TH ADDITION. 21. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time of issuance of a building permit. The applicable amount due per unit shall be the fee per REC unit in place at the time of application for a building permit. 22. Water Availability Charges. The Water Availability Charges for this Plat have already been paid with the previous Plat, PLEASANT CREEK FARMS 4' ADDITION. 23. Water Connection Fees. Water connection fees are paid at the time of issuance of a building permit. The applicable amount due per unit shall be the fee per REC unit in place at the time of application for a building permit. A 24. Park and Trail Dedication. The Park and Trail Dedication for the Plat have already been paid with the previous Plat, PLEASANT CREEK FARMS 4' ADDITION. 25. Storm Water Management Fee. The Trunk Storm Water Fee for the Plat is set forth in the Financial Summary, Exhibit B. 26. Street and Traffic Control Signs. Before the City signs the Final Plat, the Developer shall pay to the City for installation of traffic control signs (stop signs, street signs, dead-end signs and wetland signs). Using these funds, the City shall purchase and install the street and traffic control signs. The amount due for Street and Traffic Control signs is set forth in the Financial Summary, Exhibit B. 27. Street Light Construction. The Developer shall pay for the operation and maintenance of the street lights for a period of two (2) years. In order to facilitate payment for operation and maintenance of street lights, the Developer shall submit a fee as set forth on the Financial Summary, Exhibit B. The operation and maintenance of the street lights by the City shall not commence until such time as the street lights are actually constructed. Street lighting shall conform to adopted City Code. 28. City Engineering Administration and Construction Observation, Legal Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering administration following approval of the Plat. 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 services, which are estimated to be three percent (3%) of the estimated construction cost of the Plan C Improvements to be inspected, assuming normal construction and project scheduling. The 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 proposed street, sanitary sewer, water and storm drainage construction and will be billed on hourly rates actually required for said inspection, which are estimated to be five percent (5%) of the estimated construction cost of the Plan C Improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration and observation services. Any amounts for engineering administration not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred (with any excess funds, if any, returned to Developer as indicated further in this Paragraph 29), City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement) and shall be established as set forth on the Financial Summary, Exhibit B. This escrow amount shall be submitted to the City prior to the City executing this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. All other amounts listed as flat fees are non-refundable and available immediately for City use when posted. 29. Security. To ensure compliance with the terms of this Agreement, and construction of all Public improvements, the Developer shall furnish the City with a cash escrow or Irrevocable Standby Letter of Credit (the "Letter of Credit") with automatic renewal provisions in the amount as set forth on the Financial Summary, Exhibit B. . The issuer and form of the Letter of Credit shall be subject to City approval. The Letter of Credit shall be issued by a banking institution in good standing as determined by the City and approved by the City Administrator. The City shall have the ability to draw on the Letter of Credit at a bank or branch bank located within fifty (50) miles of the City Hall. The Letter of Credit shall be for a term ending October 15, 2020 and shall contain an automatic renewal provision. The City may draw down the Letter of Credit for any violation of the terms of this Agreement, or upon receiving notice of the pending expiration of the security. It shall be the responsibility of the Developer to inform the City at least thirty (30) days prior to expiration of the Letter of Credit of the impending expiration and the status of the project relative to the Security Funds and compliance with this Agreement. If, for whatever reason, the Letter of Credit lapses prior to full compliance with this Agreement (other than during any warranty period), the Developer shall immediately provide the City with either an extension of the term 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 (30) days prior to the expiration of the term, the City may also draw down the Security Funds in the amount necessary to complete each applicable Public Improvement. If Security Fund are drawn down the proceeds shall be used to cure any 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 Funds balance may be reduced from time to time down to the amount of warranty security as set forth in the Financial Summary, Exhibit B. A warranty security shall be posted with s the City as set forth in paragraph 33 of this Agreement. The warranty period shall be a twelve (12) month period after the applicable work has been completed. Notwithstanding the posting of the warranty security, the Security Funds shall not be reduced below ten percent (10%) of the posted security until all Improvements have been completed, all financial obligations to the City have been satisfied (which includes posting of warranty security), and the required "as built" plans have been received by the City. The intent of this Agreement is that the City shall have access to sufficient security, either security or warranty security, to complete the project and insure warranty on all Public Improvements at all times. This Security Funds shall be submitted to the City prior to execution of this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. The security for this Agreement shall be an Irrevocable Standby Letter of Credit with automatic renewal provisions conforming to the requirements of this Paragraph or cash in the amount as set forth in the Financial Summary, Exhibit B. 30. Landscaping. The Developer shall install trees upon each lot within the Plat of a species approved by the Zoning Administrator in accordance with the approved Landscape Plan. These plantings may not be installed in a public right-of-way. Any security posted for this agreement or prior additions may be used to cure any defects in the event that the Developer, it assigns or successors fail to install landscaping according to this Agreement. Landscaping security to insure compliance with the approved Landscape Plan shall be $3,000 per lot to be posted with the City at the time of application for a building permit on each lot. Any trees which can cause a public nuisance or public hazard, such as bug infestation or weak baric, are specifically prohibited. The Developer, builders or property owners (applicant for building permit) in the residential lot area shall sod all front yards within the buildable portion of each lot and shall post any security required by the City to assure landscaping or other items in compliance with the City Code at the time of application for a building permit on each lot. The Developer, builder or property owner shall provide not less than six (6) inches of topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is established within one (1) year of planting. If landscaping as required by the City Code and this Agreement is not timely completed, the City, after reasonable notice and opportunity to cure, may enter the lot or lots, perform the work, and apply any posted security toward the cost. The Developer, it assigns or successors, builder or property owner will provide will provide all trees, grass, 9 seed and sod within the Plat and shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. The Developer is also required to implement a Landscaping Plan including buffer yard landscaping along City collector and arterial streets as well as designated other plantings. Security shall be posted in order to insure compliance with the approved Landscaping Plan. 31. Significant Trees. There are no significant trees within the Phase. The Developer is not required to replace any significant trees. 32. Meters. Water Meters shall be installed on each residential dwelling as per City policy. 33. Warranty. The 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 the City, except for warranty on streets which is set forth in Section 17 of this Agreement. The amount of posted warranty security for Public Improvements to be posted by the Developer shall be in the amount as set forth on the Financial Summary, Exhibit B. 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 such Public Improvements. 34. Claims. The Developer shall pay any subcontractor within ten (10) business days of the Developer's receipt of payment by the City for undisputed services provided by the subcontractor. In the event that the City receives claims from labor, materialmen, or others that perform work required by this Agreement, which is provided to real property owned by the City, and the sums due them have not been paid, and the laborers, materialmen or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty-five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, they shall immediately notify the City of this intent at the time the claim is made and shall deliver one hundred twenty-five percent (125%) of the claim to the City within ten (10) business days of such notice in the form of cash or certified check. 10 35. Restrictions. The following restrictions apply to the 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 that all conditions imposed by the City in this Agreement are properly recorded against the Property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the Plat or any part thereof, their heirs, executors, representatives, successors and assigns: No building permits shall be issued for any of the four lots within the Plat until such time as Developer has satisfied any and all requirements established by the City Engineer for delivery of sewer and water service to two of the platted lots. 36. 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, legal, planning, engineering, and inspection expenses incurred in connection with development of said Plat, the preparation of this Agreement, 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 and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat development, except for negligence of the City, the Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including reasonable attorney's fees. C. The prevailing party shall reimburse the non -prevailing party for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt, unless the Developer is in good faith and with all due diligence disputing the payment of the same. If the bills are not paid on time, the City may, after notice and a reasonable period of time to cure said default, halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until all outstanding undisputed bills are paid in full. Claims not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 37. 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 City may then draw down the security established in Paragraph 29 to pay for any work II undertaken, provided the Developer is first given notice of the matter in default, not less than seven (7) days in advance and provided with a reasonable period of time to cure said default. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the reasonable discretion of the City. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. 38. Miscellaneous. A. The Developer represents to the City that to best of its knowledge, the Plat complies with all City, County, State, and Federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this Agreement. If the City determines that the Phase does not comply, the City may, at its option, refuse to allow construction or development work within the Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until compliance has been established. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of any of the terms of this Agreement by the Developer shall be grounds for denial or revocation of building permits. D. 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 portions of this Agreement. E. If building permits are issued by the City prior to the completion and acceptance of Public Improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of Public Improvements and damage to any Public Improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. 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, unless a specific exception is approved by the City. F. The action or inaction of the City 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. The City's failure to promptly take legal action to enforce this Agreement shall not constitute a waiver or release. 12 G. This Agreement shall run with the land, shall be recorded against the title to the Property and all properties therein established by the Plat, and shall be binding on all parties having any right, title or interests in this phase of the Plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of it under this Agreement as set forth in Section 7, at the Developer's request, the City will execute and deliver to the Developers a release or partial release (s) of this Agreement in the form required to be recorded against title to the Property. H. The Developer shall procure and maintain until one (1) year after the City has accepted the Public Improvements, public liability and property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. I. 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. J. The Developer shall pay for all local costs related to Drainage Improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. K. Should development of the Plat proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to the Developer, upon application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes to the terms of this Agreement. L. The Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. M. The Developer shall be responsible for all on site drainage as well as for any effects that its drainage work may have on adjoining properties. Specifically, the Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on - 13 site drainage facilities to be constructed in accordance with this . Agreement and Plat approval. 39. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, their employees or agents, or mailed to the Developer by registered mail at the following address: Attention: Ben Schmidt, OP3 Pleasant Creek, LLC 1660 Highway 100 S., Suite 400 St. Louis Park, MN 55416. Notice to the City shall be in writing and shall be either hand delivered or mailed to the City Clerk at the following address: City of Otsego, City Hall, 13400 90th Street NE, Otsego, MN 55330, Attention: City Clerk. 14 CITY OF OTSEGO M Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER OP3 PLEASANT CREEK,LLC STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2019, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk, of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public 15 STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2019 by the of OP3 Pleasant Creek LLC a Minnesota limited liability company with authority and on behalf of the company. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 11205 46TH Place N. Plymouth, MN 55442 763- 226-3497 16 Notary Public EXHIBIT A- LEGAL DESCRIPTION Lots 1 through 4, inclusive, Block l; Lots 1 through 4, inclusive, Block 2; Lots 1 through 4, inclusive, Block 3; Lots 1 through 3, inclusive, Block 4; Lots 1 through 4, inclusive, Block 5; Lots 1 through 5, inclusive, Block 6; Lots 1 through 6, inclusive, Block 7; Lots 1 through 8, inclusive, Block 8; Lots 1 through 8, inclusive, Block 9; Lots 1 through 8, inclusive, Block 10; Lots 1 through 8, inclusive, Block 11; Outlots A, C and D; All in Pleasant Creek Farms 4h Addition, Wright County, Minnesota That part of Outlot B, PLEASANT CREEK FARMS 4TH ADDITION, according to the recorded plat thereof, Wright County, Minnesota, lying northerly of the following described line: Commencing at the northwest corner of said Outlot B; thence South 00 degrees 58 minutes 34 seconds East; assumed bearing along the west line of said Outlot B, a distance of 475.00 feet to the point of beginning of the line to be described; thence North 89 degrees 01 minutes 26 seconds East, a distance of 320.30 feet to the east line of said Outlot B and said line there terminating. Except that part of Outlot B, PLEASANT CREEK FARMS 4TH ADDITION, described as follows: Commencing at the northwest corner of said Outlot B; thence South 00 degrees 58 minutes 34 seconds East, assumed bearing along the west line of said Outlot B, a distance of 475.00 feet to the point of beginning; thence North 89 degrees 01 minutes 26 seconds East, a distance of 279.00 feet; thence North 00 degrees 58 minutes 34 seconds West; a distance of 146.00 feet; thence South 89 degrees 01 minutes 26 seconds West a distance of 279.00 feet to said west line; thence South 00 degrees 58 minutes 34 seconds East along said west line, a distance of 146.00 feet to the point of beginning. 17 ION.1IIl] Yd111 FINANCIAL SUMMARY (ATTACHED) 18 19 Nov 19 0 I uiare1Roreo x C-7 FINDINGS OF FACT AND DECISION APPLICANT: OP3 Pleasant Creek LLC APPLICATION: Request for approval of a PUD-CUP/preliminary plat and final plat to be known as Pleasant Creek Farms 6th Addition. CITY COUNCIL MEETING: 25 November 2019 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is as follows: Lots 1 through 4, inclusive, Block 1; Lots 1 through 4, inclusive, Block 2; Lots 1 through 4, inclusive, Block 3; Lots 1 through 3, inclusive, Block 4; Lots 1 through 4, inclusive, Block 5; Lots 1 through 5, inclusive, Block 6; Lots 1 through 6, inclusive, Block 7,- Lots ;Lots 1 through 8, inclusive, Block 8; Lots 1 through 8, inclusive, Block 9; Lots 1 through 8, inclusive, Block 10; Lots 1 through 8, inclusive, Block 11; Outlots A, C and D; all in PLEASANT CREEK FARMS 4TH ADDITION, Wright County, Minnesota. IMIYEP That part of Outlot B, PLEASANT CREEK FARMS 4TH ADDITION, according to the recorded plat thereof, Wright County, Minnesota, lying northerly of the following described line: Commencing at the northwest corner of said Outlot B; thence South 00 degrees 58 minutes 34 seconds East, assumed bearing along the west line of said Outlot B, a distance of 475.00 feet to the point of beginning of the line to be described; thence North 89 degrees 01 minutes 26 seconds East, a distance of 320.30 feet to the east line of said Outlot B and said line there terminating. Except that part of Outlot B, PLEASANT CREEK FARMS 4TH ADDITION, described as follows: Commencing at the northwest corner of said Outlot B; thence South 00 degrees 58 minutes 34 seconds East, assumed bearing along the west line of said Outlot B, a distance of 475.00 feet to the point of beginning; thence North 89 degrees 01 minutes 26 seconds East, a distance of 279.00 feet; thence North 00 degrees 58 minutes 34 seconds West, a distance of 146.00 feet, thence South 89 degrees 01 minutes 26 seconds West, a distance of 2 79. 00 feet to said west line; thence South 00 degrees 58 minutes 34 seconds East along said west line, a distance of 146.00 feet to the point of beginning. B. The subject site is guided by the Comprehensive Plan for low medium to high density residential uses within the East Sewer District. C. The subject site is zoned R-6, Medium Density Residential District. D. The City Council approved application for preliminary plat and PUD -CUP of the property on 13 January 2013; the City Council approved a final plat on 13 August 2018; the final plat was not recorded as required by Section 10-5-3.13.8 of the Subdivision Ordinance and the preliminary plat and final plat approvals expired. E. The applicant has applied for a PUD-CUP/preliminary plat of 47 single family lots and final plat of 4 single family lots. F. The Planning Commission and City Council must take into consideration the possible effects of the PUD -CUP with their judgment based upon (but not limited to) the criteria outlined in Section 11-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The Comprehensive Plan guides the subject site for medium -to -high density uses. Within these areas single family lots are an allowed use with a minimum lot area and width requirements of 9,000 square feet and 60 feet, respectively. To ensure that these lots provide appropriate building envelopes for contemporary house designs changes to setback requirements have been allowed to maximize the buildable area of the lot and maintain site functionality and compatibility. Use of reduced front yard and side yard of corner lot setback requirements as shown on the submitted preliminary plat is consistent with the City's past approach and appropriate for the subject site as a replat of an approved townhouse development. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is surrounded by the following existing and planned land uses. The proposed Pleasant Creek Farms 6th Addition is compatible with the various existing and planned land uses surrounding the subject site. Direction Land Use Plan Zoning Map Existing Use North MD/HD Residential A-1 District Farmstead East LD Residential R-6 District Single family dwellings South MD/HD Residential R-6 District Townhouse dwellings West MD/HD Residential R-3 District R-6 District Single family dwellings Townhouse dwellings 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 preliminary plat complies with all performance standards of the Zoning Ordinance, Subdivision Ordinance and City Code except as may be specifically modified by the PUD -CUP. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed preliminary plat results in a substantial decrease in the number of dwelling units within the area of the subject site reducing traffic generation. Streets serving the subject site are adequate to accommodate the proposed 47 single family lots. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed preliminary plat can be accommodated by existing public services and infrastructure. G. The Planning Report dated 13 November 2019 prepared by the City Planner, The Planning Company LLC, is incorporated herein. H. The Engineering Review dated 20 November 2019 prepared by the City Engineer, Hakanson Anderson Inc., is incorporated herein. The Otsego Planning Commission held a public hearing at their regular meeting on 18 November 2019 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2. All rights-of-way, street design and construction plans, and street lighting shall be subject to review and approval by the City Engineer. 3. Lots within the preliminary plat shall be subject to the requirements of the R-6 District except as may be modified below: 4. All utility plans and issues shall be subject to review and approval by the City Engineer. 5. Outlots A and B as shown on the preliminary plat shall deeded to the City in accordance with Section 10-8-12.D of the Subdivision Ordinance for stormwater management purposes. 6. All grading, drainage, and erosion control plans and issues shall be subject to review and approval of the City Engineer. 7. All easements shall be subject to review and approval of the City Engineer. Lot Area Lot Width Lot Depth Setbacks Front/ Side Corner' Side Interior Rear Wetland Interior 9,OOOsf. (net) 60ft. 100ft. 25ft./ 30ft. garage face 7ft. 20ft. 40ft. Corner 90ft. 1. The setback from 77th Street shall be 35ft. 4. All utility plans and issues shall be subject to review and approval by the City Engineer. 5. Outlots A and B as shown on the preliminary plat shall deeded to the City in accordance with Section 10-8-12.D of the Subdivision Ordinance for stormwater management purposes. 6. All grading, drainage, and erosion control plans and issues shall be subject to review and approval of the City Engineer. 7. All easements shall be subject to review and approval of the City Engineer. 8. The developer shall be entitled to credits related to utility availability charges, park dedication fees paid in lieu of land, and Otsego Creek stormwater area charges paid with the final plat and development contract for Pleasant Creek Farms 4th Addition. The amount of the credit will be limited as being up to the amount of the charges due for the Pleasant Creek Farms 6th Addition preliminary plat. Any uncredited portion of the charges paid with the Pleasant Creek Farms 4th Addition final plat shall be retained by the City. 9. The developer shall execute a development agreement as drafted by the City Attorney and subject to approval of the City Council concurrent with final plat approval. 10. The final plat shall be recorded by 4 March 2020 as provided for Section 10-5-3.B.8 of the Subdivision Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 25th day of November, 2019. Tami Loff, City Clerk E CITY OF OTSEGO By: Jessica L. Stockamp, Mayor