ITEM 5.2 Gateway North 6C'`, 0
ot eMINNESOTA F 0
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT -
Planning
pnEaswTEn(s):
City Planner Licht
AGENDA ITEM DETAILS
Request
for
City
Co
ncil Action
REousaron,
City Planner Licht
REVIEWED BY:
City Admin|stnatorJohnson
MEETING DATE:
10 February 2014
ITEM -#.
5.Z—Gateway North 6
City staff recommends approval of the Gateway North 6fina| plat and site and building plans for Building
6.
ARE YOU SEEKING APPROVAL orxCONTRACT? | ISxPUBLIC HEARING Rsou/nIEcn
No. / No.
Duke Realty Limited Partnership has submitted plans for development of a 299,904 square foot
warehouse distribution building within the Gateway North Business Center. The subject site )sOutlotA,
Gateway North 2nd Addition located east of TH 101 and south of CSAH 37 abutting Queens Avenue. A
preHmina ryplat andPU[-CUPwas approvedforGateway Northon1Z]une2OO6 andestab|ishesthat
each phase of the development is to be processed subject to site and building plan review and final plat
The Planning Commission considered these applications at their meeting on 3 February 2014. Mr. Dale
Emtero[Duke Realty LTD was present asthe applicant. The Planning Commission had noconcerns with
the project aspresentedorvviththeovcraUchangestothemastersitep|an. The Planning Commission
agreed that Building 6 is a positive development for Gateway North consistent with the City's land use
and economic development goals and they voted 5-0 to recommend approval.
The City approved an agreement with the developer with the initial Gateway North final plat that future
phases of the master plan would be charged two RECs per building provided that the buildings did not
include more than 15 percent office space. Modifications to the master plan would trigger review of
applicable utility availability and connection charges as to possible adjustments. The current
development proposal would establish a single building inthe area anticipated onthe original master
plan to provide for construction of three principal buildings. City staff initially recommended that the
developer pay utility availability and connection charges for Building 6 based on six RECs. Duke LPhas
requested that the RECs be allocated across both Building #6 and future Building #5. The development
contract reflects four RECs four Building #6 and a minimurn of four RECs for Building #5 as requested.
Findings of fact consistent with the Planning Commission recommendation and the updated
recommendation regarding allocation of RECs for Building 46 and future Building #5 are attached. The
City Attorney has also drafted a development contract for consideration by the City Council.
SUPPORTING DOCUMENTS: Ci ATTACHED c-, NONE
A. Planning Report dated 31 January 2014
B. Engineering Review dated January 30, 2014
C. Findings of Fact
D. Resolution 2014-10 approving a Development Agreement for Gateway North 6
E. Development Agreement
POSSIBLE MOTION
Please word motlon as you would like it to appear in the minutes_
Motionto approve the final plat and site and building plans for Gateway North 6 as outlined in the
Findings of Fact and Decision as presented and adopting Resolution 2014-10 approving a Development
Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED: YES
NA L11\10
ACTION TAKEN
F-[ APPROVED AS REQUESTED ci DENIED TABLED m OTHER (List changes)
COMMENTS:
3601 Thurston Avenue N, Suite 100
Anoka, MN 5E5303
Phone. 763,231.5840
Facsimile: 763.427.0520
Ir (W TPCOPlannlngCo-com
PLANNING REPORT
TO: Otsego Planning Commission
FROM- Daniel Licht, AICP
RE- Otsego — Gateway North Building 6
REPORT DATE: 31 January 2014
ACTION DATE: 15 March 2014
TPC FILE: 101.02 — 14.01
BACKGROUND
Duke Realty Limited Partnership has submitted plans for development of a 299,904
square foot warehouse distribution building within the Gateway North Business Center.
The subject site is Outlot A, Gateway Noi-th 2 d Addition located east of TH 101 and
SOLIth of CSAH 37 abutting Queens Avenue, A preliminary plat and PUD -CUP was
approved for Gateway North on 12 June 2006 and establishes that each phase of the
development is to be processed subject to site and building plan review and final plat
approval. The Planning Commission will consider these applications at their meeting
on 3 February 2014.
Pyhihitq-
A. Site Location
B. Gateway North Master Plan (2 sheets — original and revised)
C. Existing Conditions
D. Site Plan
E. Grading Plan (2 sheets)
F. Utility Plan
G. Storm Sewer Plan
H. Site Lighting Plan
I. Tree and Ground Cover Plan/Landscape Plan (3 sheets)
J. Exterior Elevations
K. Final plat (2 sheets)
ANALYSIS
Comprehensive Plan. The 2012 Comprehensive Plan guides the subject site for
industrial land uses within the east sewer district. The proposed land use is consistent
with this designation and the City has adequate utility capacity available at the subject
site to provide services.
Zoning. The subject site is zoned 1-2, General Industrial District. Warehousing and
distribution centers are a permitted use within the 1-2 District.
Environmental Review. An Alternative Urban Area Review (A JAR} was prepared
with the review of the initial Gateway North application and the scope of this study
included overall master plan. The City Council adopted the AJAR on 7 August 2006
finding that the proposed project did not have potential for significant environmental
effects. The CUrrent site and building plans are consistent with the intensity of
development anticipated for this portion of Gateway North reviewed as part of the AJAR
and this application requires no additional environmental review.
Building Exterior Finish. The design of the proposed building is consistent with that
of Gateway North Building I and consists of precast concrete panels with an exposed
aggregate or ribbed finish on all four sides of the structure. The exterior finish schedule
indicates that some panels are grey concrete and some have a 5% grey/brown tint. The
proposed exterior materials comply with the requirements for the 1-2 District except that
Section 20-17-4.B.I.b(3) of the Zoning Ordinance specifies the panels must be integral
color. The developer must specify that the exterior walls are not to be painted and that
the grey is an integral color.
Building Height. Buildings within the 1-2 District are allowed a maximum height of 35
feet. The height of the proposed building from finished floor to the top of the roof is
34.75 feet. There is a 1.25 foot parapet surrounding the roof which is allowed by
Section 20-17-3.A of the Zoning Ordinance.
Lot Requirements. The 1-2 District requires a minimum lot area of two (2) acres and
rninimurn width measured at the front yard setback line of 200 feet. The area of the
proposed lot to be final platted is 18.63 acres and the lot is 1, 510 feet wide (north to
south). Building coverage is also limited to 50 percent of the lot area. The proposed
299,904 square foot building will cover 34,6 percent of the lot area.
Setbacks. The following setbacks are applicable to the subject site within the 1 -
District and the proposed building and parking areas shown on the site plan comply.
2
Principal Building
Parking
Queens
Ave.
North
SOLIth/
West
Wetland
Queens
Ave
Perimeter Interior
Required
3Oft.
2 0 ft.
Oft.
40ft.
1 5ft,
5ft. Oft.
Proposed
115t
315ft.
NA
80ft.
2 3 ft,
1 5ft, NA
2
Access. The subject site is proposed to have two accesses to Queens Avenue, which
is designated as a Commercial/industrial Collector Street by the 2012 Comprehensive
Plan. Construction of Queens Avenue occurred with the initial platting of Gateway
North and the development was assessed so no collector street fees are due with this
final plat. Access spacing to collector streets is required to be a minimum of 500 feet
apart in accordance with Section 21-7-7.N of the Subdivision Ordinance. The two
driveways are 1, 18 0 feet apart. Th e width of the driveways is 31 feet and is subject to
review and approval by the City Engineer as adequate to allow semi tractor-traiier
turning movements to and from Queens Avenue.
The access to the north driveway is the entrance to a fenced loading and trailer storage
area north and west of the proposed building. There is 96 square foot guard house and
gate at the entrance to the loading and storage area, which is setback 315 feet from
Queens Avenue to provide stacking space for approximately four semi tractor -trailers so
as not to interfere with traffic on Queens Avenue. Another gate to the loading and
storage area is provided at the southwest corner of the building for secondary access if
needed.
The south driveway shown on the site plan and master plan will, also provide access to
future Building #5, which would be anticipated to be final platted on a lot without direct
frontage to Queens Avenue as allowed by the approved preliminary plat and PUD -CUP.
To ensure access to this future parcel, the developer must record an access easement
overlying the south driveway of Lot 1, Block I Gateway North 6 at the time the final plat
is recorded. The access easement is to be subject to review and approval of City staff.
Off -Street Pari nglLoading. All off street parking and loading areas are paved with
either asphalt or concrete surfaces and perimeter concrete curb is provided in
accordance with Section 20-21-4 of the Zoning Ordinance. Section 20-21-9 of the
Zoning Ordinance establishes the following calculation for the number of required off
street parking stalls:
Use Area
Requirement
(based on net sf
Required
Stalls
Office 11 320sf.
3 + 1 stall per 200sf.
54
Warehouse 288,584sf.
1 stall / 1,000sf.
258
Tota I 299,904sf.
312
The site plan provides for 104 parking stalls for passenger vehicles (dimensioned at 9
feet by 18 feet with two foot overhang). The site plan also includes area for hot starting
40 diesel semi -tractors and storage for 130 semi -trailers. The cumulative total of these
stalls is 274 (which would need to be configured dependent upon building occupancy
and use) and will be adequate based on the proposed user and does not include the 48
loading docks. There is the ability to add additional passenger parking stalls to the
south of the drive aisle south of the building if demand exceeds the proposed supply.
The site plan must be revised to illustrate the proof -of -parking stalls and the
development agreement will include provisions enabling the City to require their
construction.
3
Snow Storage. Section 20-21-4.H.17 of the Zoning Ordinance requires that a plan for
snow storage be developed for the subject site so that required parking stalls are not
utilized for this purpose, City staff and the developer have discussed that snow would
be removed from the off-street parking stalls, trailer storage and loading areas and
deposited into the stormwater basins at the north and SOUth ends of the building as
necessary to maintain the site.
Landscape Plan. The developer has submitted landscape plans showing tree
plantings at the perimeter of the subject site and also plantings at the base of the east
wall of the proposed building. The landscape plan provides an emphasis on screening
the trailer storage area north of the building from view of Queens Avenue and CS.AH 37
and ornamental landscaping directly east and south of the building. The west side of
the building will be visible from TH 101 until such time as Building 5 is constructed. As
an industrial development, visibility of the loading area and trailer storage would not be
inconsistent with this character and is not considered to be an issue. The proposed
type a n d size of the plantings a re consistent with the req u i reme nts of Section 20-16-7. C
of the Zoning Ordinance and appropriate for the subject site.
Fencing. The loading and trailer storage areas are to be enclosed by a six foot tall
chain link fence. Section 20-16-6.K of the Zoning Ordinance allows fences within the 1-2
District to be up to eight feet tall including within portions of the subject side that are
required front yards abutting public rights-of-way provided that they are 75 percent
open. The proposed fence complies with these requirements and installation requires
a fence permit approved by the Zoning Administrator.
It is also noted that the configuration of the lot lines and the site plan for Buildings 5 and
6 and proposed fence create a situation where there is a double stacked row of trailer
storage stalls for Building 5. This situation is a property management internal to the
development that will not affect traffic movement on public streets and is therefore not
an issue for the City.
Exterior Lighting. The developer has submitted plans showing proposed exterior
lighting of the subject site. Section 20-16-10 of the Zoning Ordinance establishes
performance standards for exterior lighting limiting light cast to the property line abutting
a public street to 1.0 foot-candle and at interior property line to 0.4 foot-candle, The
exterior lighting plan complies with the intensity limits at Queens Avenue and, the north
property line. The SOLIth and west property lines are interior to Gateway North and
given the integrated arrangement of the individual sites compliance with the intensity
limit for an interior lot line would not be applicable. All exterior light fixtures must have
a 90 degree horizontal cut-off and comply with the height limits established by Section
20-16-IO.C.4 of the Zoning Ordinance,
Signs. No plans for signs have been submitted for the proposed development. All
signs must comply with Section 37 of the Zoning Ordinance and require issuance of a
sign permit prior to placement upon the property. Sign permits are subject to review
and approval by the Zoning Administrator.
21
Trash Storage. The site plan indicates the location of a trash compactor on at the
center of the west wall of the proposed building. Provided that the trash compactor is a
closed metal container accessed from the interior of the building it will be regarded as
mechanical equipment integral to the building and exterior screening is not necessary.
Exterior storage of any other waste or recycling containers must be within a secured
enclosure subject to the requirements of Section 20-16-15.13 of the Zoning Ordinance.
Grading Plan. Outlot A, Gateway North was mass graded as part of the initial
development of the subject site and included establishment of stormwater basins as
well as wetland buffer and mitigation areas, which is an on-going process. The
developer has submitted a grading plan for development of Building 6 that includes
updates to the overall grading plan for the subject site based on the proposed changes
to the master plan and changes in State mandated stormwater management rules.
The grading plan also includes a retaining wall the northwest corner of the subject site.
The grading plan, retailing walls, wetland management plan issues and erosion control
plans are subject to review and approval of the City Engineer. There is no stormwater
impact charge applicable to the subject site in conjunction with the final plat.
Utility Plan. The developer has submitted plans for connection of the proposed
building to the City's sanitary sewer and water utilities and stormwater system. The
utility plans are subject to review and approval by the City Engineer. Chapter 6, Section
2 of the City Code establishes provisions for payment of utility availability charges at the
time of final plat approval and connection charges at the time of building permit
application.
The City Engineer calculates that the proposed building has a Residential Equivalent
Connection (RE C) value of 45.9 RECs. The City approved an agreement with the
developer with the initial Gateway North final plat that future phases of the master plan
would be charged two RECs per building provided that the buildings did not inClUde
more than 15 percent office space. Modifications to the master plan would trigger
review of applicable utility availability and connection charges as to possible
adjustments. The current development proposal would establish a single bu " 111ding in
the area anticipated on the original master plan to provide for construction of three
principal buildings. City staff recommends that the developer pay utility availability and
connection charges for Building 6 based on six RECs.
The utility plan also illustrates proposed fire hydrant locations and building coverage
limits. The plan for location fire hydrants and fire access is to be subject to review and
approval of the Fire Marshal.
Easements. The proposed final plat illustrates drainage and utility easements at the
perimeter of the proposed lot as well as overlying existing/proposed storrnwater basins
and wetland restoration areas as required by Section 21-7-15 of the Subdivision
Ordinance. All easements are subject to review and approval by the City Engineer.
Final Plat. The developer has submitted a final plat subdivide the lot for Building 6 from
Outlot A, Gateway North 2nd Addition. The proposed final plat is subject to review and
approval by the City Engineer.
Park and Trail Dedication.. The initial final plat approval for Gateway North satisfied
park and trail dedication requirements applicable to the entire development including
future phases and outlots. As such, no park and trail dedication is required for the
proposed Gateway North 6 final plat.
Development Contract. The developer is required to enter into a development
agreement with the City as a condition of approval for the current applications to provide
for installation of required public and private improvements and payment of applicable
fees. The City Attorney will draft the development contract for review and approval by
the City Council concurrent with their action on the site and building plan and final plat
applications.
RECOMMENDATION
Gateway North 6 final plat and Building 6 is a major move forward in development of the
Gateway North Business Center absorbing area that had been anticipated for
development of three separate buildings. The proposed project advances the City's
economic development goals and land use objectives outlined in the Comprehensive
Plan and will comply with the requirements of the Zoning Ordinance and Subdivision
Ordinance. City staff recommends approval of the application as outlined below.
POSSIBLE ACTIONS
A. Motion to approve Gateway North 6 final plat and Building 6 subject to the
following conditions:
1. The exterior finish materia Is shall comply with Section 20-17-4. B. 1, b(3) of
the Zoning ordinance Utilizing integral color.
2. The developer shall record an access easement approved by City staff
overlying the south driveway of Lot 1, BloclK 1 Gateway North 6 allowing
ingress egress to future lots of at the time the final plat is recorded.
3. The site plan is revised to illustrate proof -of -parking stalls to the south of
the building subject to approval of City staff and the development
agreement will include provisions enabling the City to require their
construction.
4. All signs must comply with Section 37 of the Zoning Ordinance and
require issuance of a sign permit prior to placement upon the property,
subject to review and approval by the Zoning Administrator.
6
5. All exterior lighting shall comply with Section 20-16-10 of the Zoning
Ordinance.
6. A fence permit is required for installation of the fence for the loading and
trailer storage areas and is subject to review and approval of the Zoning
Administrator.
7. E)(terior storage any waste or recycling containers other than a fully
,enclosed trash compactor accessible from the interior of the building shall
be within a secured enclosure subject to the requirements of Section 20-
16-15.13 of the Zoning Ordinance.
8. The submitted grading plan, retailing walls, wetland management plan
issues and erosion control plans are subject to review and approval of the
City Engineer.
9. The submitted utility plans are subject to review and approval by the City
Engineer.
10, The developer shall pay utility availability and connection charges for six
(6) RECs at the current fees in effect established by Section 2-4-2 of the
City Code.
11. Fire hydrant locations and access shall be subject to review and approval
of the Fire Marshal and City staff.
12. All easements are subject to review and approval by the City Engineer.
14. The final plat is subject to review and approval by the City Engineer and
shall be recorded with Wright County within one hundred (1 00) days of
City Council approval.
. The developer shall enter into a development agreement with the City to
provide for installation of reqUired public and private improvements and
payment of applicable fees, subject to review by the City Attorney and
approval of the City Council.
B. Motion to deny the request based on a finding that the application does not
comply with the City Code.
C. Motion to table.
C. Lori Johnson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
7
Ron Wagner, City Engineer
Pat Macia, Duke Realty LTD.
Dale Emter, Duke Realty LTD
Kevin Teppin, MFRA
Gateway North Building 6 Date Created- 1/31/2014
7 -CL
ship Limits
Review No. 1
ENGINEERING REVIEW
IndUsfrial Lot
Hyon -the City of Otsego
f o r I
- 7;3
Anderson by
Hakanson Anderson
Submitted to:
Honorable Mayor and City Council
cc:
Lori Johnson, Administrator
Tam! Loff, City Clerk
Dan Licht, City Planner
Andy McArtrrlr', City Attorney
Dale Eater, Director of Pr con tru tion, Duke Realty
Keven Teppen, MFRA
Mike Brandt, PE, MA
Reviewed by:
Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date:
January 30, 2014
Proposed
Development:-
Gateway North Business Center
Building No, 6
Street Loc;ation
6700 Queens Ave. NE
of Property:
Applicant:
Drake Realty
1600 Utica Avenue South, Suite 250
Minneapolis, MN 55416
Developer: Duke Realty
Owners of Record: Duke Realty
Purpose: Construct a 299,904 gross square foot office/ware house
building on 18.63 acres in the City of Otsego, Wright County,
Minnesota. The proposed development will be served with
municipal water, sanitary sewer, storm sewer, and PLIbliC
streets typical of an Urban lndLlStlilal setting.
Jurisdictional Agenci'es: City of Otsego, VVright County. Minnesota Department of
(but not limited to) Health, Minnesota Ipartnient of Natural Resources,
Minnesota Pollution Control Agency, Wright Soil and Water
Conservation District,
Permits ROqUired: NPDES, Minnesota Department of Health (wate '), and
(bU not limited to) Minnesota Pollution Control Agency (sanitary sewer)
TABLE OF CONTENTS
FINAL PLAT
SCHEMATIC DESIGN SET
COVER SHEET
EXISTING CONDITIONS (C2,01 &C2.02)
SITE PLAN (C3.01)
GRADING PLAN (C4,01 & C4.02)
EROSION CONTROL (C5.01 through C5.03)
UTILITY PLAN (C6.01)
STORM SEWER PLAN (C6.02)
SITE LIGHTING PLAN (C8.01)
DETAIL SHEET (C9,01&C9,02)
STORM SEWER AND HYDROLOGY CALCULATIONS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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FINAL PLAT
See attached Met -no from Charlie Christopherson, RLS to Ron Wagner, City
Engineer.
SCHEMATIC DESIGN SET — Ill 3/14,
COVER SHEET — GOOO
1. Location Map — Site Location - is north of 66th St and south of CSAH37. Site
location is shown south of 65th St. Revise.
EXISTING CONDITIONS - SHEET 02.01
Legend is not complete. Lacks catch basin, sanitary manhole, hydrant, street
light, telephone pedestal, etc. symbols. Line descriptions for water lines, sanitary
sewer lines, etc, are missing. Revise.
2. Trunk Highway 101 and ramps Must be shown and labeled. All utilities and
streets within 150' 111LIst be shown,
3. Existing Drainage and Utility Easements are not labeled. Revise,
4. Elevations are called out but no datum or benchmarks are shown. Revise,
EXISTING CONDITIONS SHEET C2.02
I , Existing Drainage and Utility Easements are not labeled, Revise,
2. Legend incomplete —fence symbols etc. must be shown. Revise
SITE PLAN SHEET C3.01
I Lot design creates fence at edge of pavement and within pavement Without
Protection from incidental or accidental damage from parking trailers or snow
removal.
2. Lot design creates double depth parking within next lot.
3. Queens Avenue ours and gutter removal and possible S@W CLIt and asphalt
replacement at driveway access points to Queens MUst be noted.
4. Driveways will require concrete valley gutter and concrete driveways aprons.
GRADING PLAN SHEET C4,01
Depict slope of pavement from asphalt curb to concrete curb on along west lot
1, i n e.
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2. Foundations of street lights and fence posts are directly over HDPE storm sewer
pipe along west lot line,
3. Retaining walls greater than 4' in height require a professional engineer signature
on design sheet.
4. Contours are shown across stairs within the loading bay area. Relocate stairs 01 -
provide retaining wall to accommodate stairs,
5. Grading limits exceed lot dimensions. Revise or provide agreement
6. Storm ponds exceed drainage and Utility limits. Revise final plat to accommodate
storm ponds within drainage and utility easements.
7. North east corner of lot, provide containment of storm water at least T over top of
curb to minimize potential. overflow and erosion,
8. Grading notes need completion. Missing geotechnical cornpany information and
design rate for infiltration.
9. Missing soil boing locations.
GRADING PLAN SHEET 04.02
North pond perforated draintile within ring filtration does not depict a Connection
to Outlet Control Structure #1. Drainage arrows on drainfile shout d indicate
drainage toward Outlet Control Structure #1 -
2. North pond normal water level is shown at 899.0 althOLIgh infiltration is shown to
OCCUr to 898,
3, South pond 100 yr HWL is shown at 917.95. The final ground contour shown is
at 920. The sand section is depicted as 3' thick thus the draintile is at elevation
017.0 or so, Is the 100 yr I-1VVL correct as it is within the sand and over V lower
than the connected storm pcnd?
4. South pond is labeled as an infiltration basin in the plan portion and a filtration
basin in the cross section portion, It appears to be working as a filtration basin
used on the draintile. Revise or clarify.
5. Outlet Control Structure #3 — the draintile size and type are not labeled.
6. Delete unneeded second typing of structure on each title block of Outlet Control
Structure #X,
7. The filtration basin with o #3 has contour lines which require touch up and a
drainage arrow is shown in the wrong direction.
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EROSION CONTROL PHASE I SHEET C5.01
1, Please show construction limits. It appears the silt fence does not include all
grading extents — primarily the north and south ponds are not within the silt fence
limits.
EROSION CONTROL PHASE 11 SHEET C5.02
I. Silt fence is not shown around north side of notch pond,
EROSION CONTROL DETAILS SHEET 05.03
I. Concrete washout area detail shown but no area depicted on other plan sheets,
UTILITY PLAN 06,01
Sanitary manhole #1 must be a drop manhole considering likely pipe slope frontn
building,
2. Recommend large water discharge pipe and valve near sewer line outlet of pipe
from building to be used periodically to flush sanitary lire. Potential low flow use
of water has caused sanitary line blockage in past similar applications.
3. Show elevation inverts in and elevation inverts out of sanitary manholes and
provide 0.1' drop through each structure,
4. Water main and sanitary sewer crossing conflict exists in south west Corner of lot.
Water main must be lowered to avoid conflict.
5. Hydrant spacing on west side of building does not cover entire building. Building
depicts 8" water service fol- fire suppression. Elk River Fire Marshall will review
the hydrant spacing along with fire truck access requirernents,
STORM SEVVER PLAN SHEET C6.02
I Insulation under the storm pipe from the building roof drain to CB#107 at the
water main crossing is required.
2. 11-ISLIlation under the storm pipe frorn the building roof drain to CB#106 at the
water main crossing is required.
3, Insulation under the storm pipe bEAween MH202a and CB202 at the water main
crossings at is required in two places,
4,
FES at outlet of OCS#2 shown at elevation 883.00 and should be 91 8,9. A
separate drawing/diagram is needed for the storm sewer catch basins labeled.
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SITE LIGHTING PLAN SHEET 08.01
I, No comments at this time.
DETAIL SHEET C9.01 & C9.02
Missing fence details, concrete valley gutter detail, and concrete driveway apron
detail.
2. Detail labeled 01 Concrete sidewalk Section behind curb and gUtter does not
depict concrete Wrb'and gutter detail shown in detail labeled 05.
3. Standard plates 310 is no longer used.
STORM SEWER CALCULATIONS
I All storm sewer design and calculations were submitted. A more detailed review
of the storm water management plan and drainage calculations is required to
verify that CitV requirements and the new NPIDES permits are being met. It
appears that the intentions of the storm water management system meets the
requirement of not increasing the discharge rate over pre -developed conditions
as well as no increase in volume being discharged from the site. We have some
concerns that a "no increase in volurne" is possible with the existing soils, HAA
will discuss with the developers engineer prior to the Final plat being accepted by
staff.
HYDROLOGY REPORT
1 The hydrology report was submitted, The review will be completed prior to the
2/10/14 council nneeting. Any issues fOLind will need to be addressed by the
applicant.
OTH-ER CONSIDERATIONS
The number of sewer and water residential equivalent connections 'RFC's) to be
applied per building for Gateway North developments were set at 2 in an earlier
agreement between the City of Otsego and Duke Realty. Building 6 as proposed
encompasses all or most of the Wldinq. areas of Buildings 61 7 and 8 under that
agreement, Therefore, the developers' agreement is recommended to reflect 6
REC's or 2 each for the Uildings. For reference, the proposed Building 6
would have approximately 11,320 square feet of office and 288,584 square feet
of warehouse which would equate to 45.9 DEC's under the MET COUncil
guideline, which the City of Otsego uses when determining REC's. Using 3.5
REC's per gross acre the total DEC's would be 62,5,
2. A SVVPP Plan is required.
3. A separate document from the final plat depicting an ingress/egress easeient is
needed over the south driveway of BUilding 6 to allow access to future Building 5,
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S,1Mutilcipalutsego22xx\2257\2267.02\OT2267,02 REVIEW 1,d0G
SUMMARY AND/OR RECOMMENDATION
We recorni-nend approval contingent Upon the above comments being addressed,
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Mail] office"
akanson 3601 Thurston Avenue, Anoka, M -N S5303
Phone: 763/427-5860 Pax: 763/427-0520
41
Anderson WWW.haa-jnc,com
MEMORANDUM
IL
TOM Ron Wagnei-, PX, Otsego Etighleele
FROM: Charles R, Cliristopherson, P.L.S.
DATE: January 31, 2014
RF: Review of Gateway North 6 final plat, wetland rephicenient desci-iptions
Coinnients
6 Restricted access along State ffighway 101 'If not previously dedicated should be dedioated or
if previously gmated, labeled as to the recorded doculnent.
0 Remnants or small unencurnbered areas of Lots should be, avoided or additional labels addeci
to clarify edge of caseme.-nts,
0 Additional labcling of drainage and utility casements would be helpkil.
0 Complete final plat drawing to State to etc and Wright County rcquireinelits(dimelisiotis
missing, labeling needed, page iiainbers rovised, match line, eto.) bcf6re subniittal to Wright
Colinty Surveyor for review and approval.
0 Coinpleted corrected fnial. plat should be stiba-Atted for rc-view to tt-ie City L-nglneer befbi-e
City of Otsego signatures. are affixed before faial recordation,
0 The wetland replacement descriptions n to be revised as noted on marked up exhibits,
ot22,67.02TWMC1110
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MINNESOTA g
APPLICANT: Duke Realty LP
02-04-14
FINDINGS & DECISION
FINAL PLAT/
SITE AND BUILDING PLANS
APPLICATION: Request for approval of a final plat for Gateway North 6 along with site and building
plans for Building #6.
CITY COUNCIL MEETING: 10 February 2014
FINDINGS: Based upon review of the application, the recommendation of the Planning
Commission, 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 Outlot A, Gateway North 'd Addition, City of Otsego,
County of Wright, State of Minnesota.
B. The subject site is guided by the Comprehensive Plan for industrial land uses within the East
Sewer District.
C. The subject site is zoned 1-2, General Industrial District.
D. The planning report dated 31 January 2014 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
E. The engineering review dated January 30, 2014 prepared by the City Engineer, Hal an
Anderson Associates, Inc., is incorporated herein.
F. The Otsego Planning Commission considered the application at their regular meeting on 3
February 2014; upon review of the application, and other evidence, the Planning
Commission recommended by a 5-0 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 and is subject to the following conditions-.
1. The exterior finish materials shal I comply with Section 20-17-4 . B - 1. b(3) of the Zoning
Ordinance utilizing integral color.
2. The developer shall record an access easement approved by City staff overlying the south
driveway of Lot 1, Block 1 Gateway North 6 allowing ingress/egress to future lots of at the
time the final plat is recorded.
3. The site plan is revised to illustrate proof -of -parking stalls to the south of the building subject
to approval of City staff and the development agreement will include provisions enabling the
City to require their construction.
4. All signs must comply with Section 37 of the Zoning Ordinance and require issuance of a
sign permit prior to placement upon the property, subject to review and approval by the
Zoning Administrator.
5. All exterior lighting shall comply with Section 20-16-10 of the Zoning Ordinance.
6. A fence permit is required for installation of the fence for the loading and trailer storage areas
and is subject to review and approval of the Zoning Administrator.
7. Exterior storage any waste or recycling containers other than a fully enclosed trash
compactor accessible from the interior of the building shall be within a secured enclosure
subject to the requirements of Section 20-16-15.8 of the Zoning Ordinance.
8. The submitted grading plan, retailing walls, wetland management plan issues and erosion
control plans are subject to review and approval of the City Engineer.
9. The submitted utility plans are subject to review and approval by the City Engineer.
10. The developer shall pay utility availability and connection charges for four (4) RECs for
Building #6 and a minimum of four (4) RECs for future Building #5 at the current fees in effect
established by Section 2-4-2 of the City Code.
11. Fire hydrant locations and access shall be subject to review and approval of the Fire Marshal
and City staff.
12. All easements are subject to review and approval by the City Engineer.
13. The final plat is subject to review and approval by the City Engineer and shall be recorded
with Wright County within one hundred (100) days of City Council approva1.
14. The developer shall enter into a development agreement with the City to provide for
installation of required public and private improvements and payment of applicable fees,
subject to review by the City Attorney and approval of the City Council.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Count of the City of Otsego this I Ota, day of February, 2014.
CITY OF OTSEGO
B y'.
Jessica L. Stockarnp, Mayor
Tarni Loff, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO, 2014-10
RESOLUTION APPROVING DEVELOP RS AGREEMENT- GATEWAY
NORTH 6
WHEREAS., Duke Realty Limited Partnership is seeking approval of a Plat
Imown as GATEWAY NORTH 6; and
WHEREAS, the approved Plat requires construction of some public
0
improvements and payment of City costs and fees; and
WHEREAS,, those obligations are contained and memorialized in the attached
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Developers Agreement; and
WHEREAS, the Developers Agreement also sets forth the security required to
ass -Lire 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 COL111ty, Mirmesota as follows;
1. The attached Developers Agreement between the City of Otsego and Duke
Realty Limited Partnership is hereby approved.
2. The Mayor and City Clerk are hereby authorized to execute the Developers
Agreement on behalf of the City of Otsego.
ADOPTED this I oth day of February, 2014 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
Tail Loff, City Clerk
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DEVIE,:LOPMENT AGRE EMENT
GATEWAY NORTH 6
AGREJ EMENT entered into this day of January, 2014 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and, Duke Realty Limited Partnership, a corporation under the laws of the State
of Indiana ("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled GATEWAY NOR111 6. The final plat for GATEWAY NORTH
SECOND ADDITION was approved on June 11, 2,007 and the Developers Agreement was
recorded on June 21, 2007 as Document No. 1072654, and GATEWAY NORTH was
approved on September 20, 2006 the original Developers Agreement for GATEWAY
NORTH was recorded on April 5., 2006 as Document No. 1049064. The legal description of
the property covered by this Agreement is as follows:
4
0-utlot A., GATEWAY NORTH Sl-'.COND ADDITION according to the Plat
on file and of record at the Office of the County Recorder, Wright County, Mauiesota.
The Plat contains one industrial lot and the remainder is an outlot The plat is located
within the City's East Sewer District, is zoned 1-2, General Industrial District cris approved
by Ordinance adopted by the City Council on October 11, 1999.
2. Conditions of Plat Approval. "I"he City hereby approves the Plat on
condition that the Developer enter into this Agreement, fur nisb the security required by A15
and record the Developers 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 documents have been properly and timely recorded. Any restrictive covenants for
the phase shat I be submitted to the City Attorney for approval and shall be recorded prior to
sale of any lots within this Phase.
3, Right to Proceed. Within the Plat, the Developer may not grade or other vise
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 filly 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 cotmnence earlier construction is
specifically approved by the City, and Developer has fully coinplied with all conditions set
forth by City staff.
4., Sanitary Sewei- Service Allocation. The allocation of sanitary sewer service
to the Plat does not occur until all required security has been posted.
5, Changes in Official. Controls. GATEWAY NORTH 6 is a planned and
staged development within the meaning of Minn. Stat. 462.358, Su d. 3c, and no
amendment to the City's Coniprehensive Plan or other Official Controls shall apply to or
affect the use, development density, lot size, lot layout, or platting requirements for
GATEWAY NORTH 6 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, otherOfficial
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
P
lans on file at the office of the City Clerk and the conditions stated below. If the plans vary
from the Britten temis of this Agreement-, the written terms shall control. The plans are:
Plan A Final Plat,, GATEWAY NORTH 6 prepared by MFRA, Inc.
.4
Plan B Grading, Drainage, and erosion Control Plan prepared by
WRA Inc. and as finally approved by the City Engineer.
4
Plan C Sanitary Sewer, Water Main, Storm Sewer plans for
GATEWAY NORTH 6, as prepared by DAFRA, Mc., and as
finally approved by the City Engineer.
Plan D Landscape Plan for GATEWAY NORTH 6, prepared by
MFRA, Inc.,, and as finally approved by the City Zoning
Administrator.
7, ]Improvements. The Developer shall install and/or pay for the following:
A. Internal drives and parl�-ig lot.
B . Street lights.
C. Site grading and ponding.
D. Underground installation of all utilities.
E. Sanitary sewer lines.
F. Water lilies.
G. Stoma water management improvements.
H. Setting of lot and block monuments.
Construction surveying and staldng.
J. Traffic control signs.
Improvements shall be installed in accordance with City standards, the City
Code, and the above -referenced plans that have been famished to the City and approved by
the City Engineer. The Developer shall obtain all necessary permits beforeprocecdm*g with
construction. The City shall provide adequate field inspection perswinel to assure
acceptable quality control, which will allow certification of the construction worl(. The it f
may, when reasonably required to do so, and at the Developer's expense, have one (1) or
more City nisi` ectors and a qUalified engineer inspect the work. Within thirty/ (30) days
after the completion of the iinprovenients 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 U`i AutoCAD.DWG file or a DXF file, all
prepared in accordance with City standards. Before the security for the completion of
utilities is frilly released, iron monuments shall be *Installed in accordance with Minnesota
Statutes 505.02. The Developer's surveyor shall submit a. written notice to the City
certifying that the monuments are installed olio wig site grading, utility rind street
construction.
8. Contractors/Subcontractors. City Council members, City employees, and
City Planning Commission members, and corp oratio l -is, partnerships and other entities in
which such individuals have greater than a t-vventy 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. Pei-inits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary pertnits, which ii-iay include, but are not Iffnited to:
A. Wright County for County Road access and work in County right of
way.
B. NMOT for State Highway Access.
C. ND-4DO"I'for work in right of way.
D. Minnesota Department of Health for watermains.
E. MPC A PLDs Pertnit for construction activity.
F MPCA for sanitary sewer and hazardous material removal and
disposal.
J. DNR for dewatering.
H. City of Otsego for building peill-lits.
1. City of Otsego for sanitary sewer connections.
J. City of Otsego for retaining walls.
10. Dew ater-ing. Due to the variable nature of groundwater levels and
storrnwater flows, it will be the Developer's and the Developer's contractors and
subcontractors responsibillty to satisfy themselves with regard to the elev-,-Ition 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 Counry,
State, and Federal rules and regulations. DNR regulations regarding appropriations permits
shall be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by March 1, 2015. 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 t1ine frame must have
the written approval of the City Engineer. 1"he 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 Plat to.perfori-n
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 fifteen (1-5) business days notice stating the deficiencies and
necessary corrections prior to malch-ig any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Conti-ol. Prior to initiating site grad g, and before any utility
construction is conunenced or further building perinits are issued, the crosion control plan,
Plan B., shall be implemented by the Developer and inspected and approved by the City. If
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, he shall state in writing what construction can take place and what particular
building permits can be issued prior to ffill. implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engi-neer, they would
be beneficial. 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, take action as it deems appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The 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 thii�T (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 comers and house pads.
Occupancy perms shall not be issued by the Building Official until
the grading and drainage plan is certified as set forth above.
5
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 fi-orn
construction work by the Developer, its agents or assigns.
16. Ownership of Tar provemeats. 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 fuillier notice or
action.
17. 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 t ' hat they have been constructed
satisfactorily in accordance with City specifications and the City Codc.
18. Administrative Fee. A fee for City AdAMfilistration of this project is 1% of
estimated construction costs or $ 3,_565.00.
19. Sewer Availability Charges. The Sewer Availability Charges for the Plat is
as follows; 4 RF_1,Cs for Building 6 lots at $2,200.00 per REC Z__ $ 8,800.00. Sewer
Availability Charges are due upon Final Plat approval. Future Building 5 shall pay 4 RF",,Cs
at the current fees in effect at the time of Plat approval. In the event that Building 5 or
subsequent buildings exceed 15% of the building area for office space or an existing
building within GATEWAY NORTH expands office space above 15%, City shall. re-
evaluate REC calculations for those buildings which may result in additional charges to
Developer.
20. Sewer Connection Fees. Sanitary sewer connection fees are pa -id at the time
of issuance of a building permit. At the time of connection, Building 6 shall pay 4 RECs
and future Building 5 shall pay 4 RECs at the current fees in effect at the time of Plat
approval. The applicable amount due per unit shall be the fee per RE C in place at the time
of application for a building peri -nit.
21. Water Availability Charges. The Water Availability Charges for the Plat is
as -follows: 4 RECs at $1,566.00 per REC = $6,264.00. Water Availability Charges are due
upon Final Plat approval. Future Building 5 shall pay 4 RECs at the current fees in effect at
the time of Plat approval. In the event that Building 5 or subsequent buildings exceed 15%,
of the -building area for office space or an existing building within GATE -WAY NORTH
expands office space above 15%, City shall re-evaluate REC calculations for those
buildings which may result in additional charges to Developer.
22. Water Connection Fees. Water cotuiection fees are paid at the time of
issuance of a building permit. At the time of connection, Building 6 shall pay 4 RECs and
future Building 5 shall pay 4 RECs at the current fiees lti effect at the time of application for
a building permit.
23. Park and Trail Dedication. Park and trail dedication requirements for the
Plat were satisfied in full with the FM'aI Plat of GATEWAY NORTH. There is no Parlnd
Trail dedication fee for this Plat.
24. Street and Ti-affle Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $ 500.00 for installation of traffic control signs (stop signs-,
street sips, dead-end signs). The said amount was calculated as follows: 2 signs at $ 250.00
4n
per sign. Using these funds, the City shall purchase and install the street and traffic control
signs.
25. 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
of payment for operation and mamffitenance of street lights, the Developer shall submit a fee
to be included within the escrow and fees establisbed in Paragraph 27 of this Agreement
and is calculated as follows 0 lights x $ 2,000.00 per light for a total payment of $ 00.00 .
The operation and rnaintenance of the street lights by the City shall not conunence until
such time as the street lights are actually constructed. Street lighting shall conform to
adopted City Code.
26. City Engineering Admi'nistration and Construction Observation, Legal
Fees set -ow and City Fees. The Developer shall pay a fee for consulting engineering
administration following approval of the Plat. City engineering administration will include
V
consultation with Developer and its en ineer on status or problems regarding the project.,
9 LIII
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
ser -vices estimated to be three percent (3%) of the estimated construction cost of the
improvements to be inspected, assuining normal construction and prqjcet scheduling. "flee
Developer shall pay for construction observation performed by the City Engineer.
Construction observation shall include part or Rill brie observation, as deternI.Ined 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 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 problerns, the City will notify the Developer of
anticipated cost oveiTuns for engineering administration and observation sei-vices.
The escrow and fee account shall also include estimated fees for Legal
expenses aurally incurred, City Administrative Fee (a flat fee due upon exeeution of this
Agreement), Trunk Water and Sewer Access Fees (a flat fee due Lipon execution of this
Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this
Agreen-ient), Park and Ti -ail 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 follows:
ESCROW AND FEES
City Construction Administration and Utility and Street hispection Fees
(estimated 8% of $ 356,500.00) $ 295520.00
Legal Fees I. % of $ 356,500.00, actual billings to be paid) 33565-00
City Administration Fee (1% of $ 356,500.00) $ 37565.00
Street & traffic control signs (2 at $250.00 per sign) $ 500.00
Street light maintenance& operation (0 at $2,000.00 per light) $ 00.00
Park & Trail Dedication Fee (not applicable) $ 00.00
Transportation Infrastructure cost (not applicable) $ 00.00
Sewer. Availability Charge (4 RECs at $2,200.00 per REQ $ 800.00
Water Availability Charge (4 RECs -cif $1,566.00 per REC ) $ 6,264.00
Storm Water Impact Charge $ 00.00
TOTAL $51,214.00
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 fi-om this escrow fund shall
be returned to the Developer when all improvements have been completed, all fmancial
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-reffindable and available
iiTunediately for City use when posted.
27. Security. To ensure compliance with the terms of this Agreement, and
a
construction of all public in-ipsovements, the Developer shall furnish the City witb cash
escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the
amount of $ 7 8 1. ,25 0. 00 said amount calculated as follows:
Site Grading, Erosion Control & Wetland Protection
8
701)000.00
Sanitary Sewer- Lateral &Trur4,- $ 391>000.00
Watermain- Lateral & Truffl,-, $ 18000.00
Storm Sewer- Lateral 5400.00
Streets $ 93,500.00
Engineering and Surveying Construction Services $ 235500.00
Landscaping $ 1759000.00
SUBTOTAIL $ 6251000.00
TOTAL SECURITY ($ 625,000.00 x 125%) $ 7811250.00
The issuer and forna of the security (other than cash escrow) shall be subject
to City approval. The security 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 security at a bank or branch and located within fifty (50) miles of the
City Hall. The security shall be for a terns ending March 1, 2015 and shall contain an
automatic renewal provision. The City may draw down the security for any violation of the
terms of this Agreement, or upon receiving notice of the pending expiration of the security.
It shall be the responsibili�of the Developer to infon-n the City at least thirty (30) days
prior to epiration 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 coinpliance with this Agreement (other than during any warranty period), the
Developer shall inu-nediately provide the 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 (30) days prior to the expiration of
the security, the City may also draw down the security. If the security is 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
may be reduced from time to time down to $ 32,850.00 the amount of wai-ranty security. A
warranty security in the amount of $ 32,850.00 shall be posted with the City as set forth M
paragraph 31 of this Agreement.
lot withstanding the posting of that warranty security, the security shall not
be reduced below ten percent (10%) of the posted security until all improvements have been
completed, all financial obligations to the City 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 seWrity or
ki,
waiTanty security, to complete the project and insure warranty on all public inroveinents at
all times.
This security amount shall be submitted to the City prior to execution of the
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 Agreen-lent shall be an Irrevocable Standby Letter of
Credit with automatic renewal provisions confon-ning to the requirements of this Paragraph
or cash in the amount of $ 7 81,250.00.
28, Landscaping. The Developer shall install landscaping within the Plat in
accordance with the approved Landscaping Plan and to the satisfaction of the City Zoning
Administrator Any security posted for this agreement 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 $ 175,000.00 to be posted with the City prior to City execution of this Agreement.
Any trees which can cause a public nuisance or public hazard, such as bug infestation or
weak bark, are specifically prohibited.
Weather Peri-nitting, the trees, grass seed and sod shall be planted before a
Certificate of Occupancy is 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 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, 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.
Security in the amount of $ 175,000.00 shall be posted in order to insure
C0111pliance with the approved Landscaping Plan.
29, Significant Ti- s. There are no significant trees within the Plat. The
Developer is not required to replace any significant trees.
30. Meters. Meters shall be Provided as per City policy.
31. Warranty. The Developer warrants all work required to be performed by it
against poor material and faulty worlu-nanship for a period of one (1) year after its
completion and acceptance by the City. The amount of posted warranty security for public
Me
improvements to be posted by the Developer shall be in the amount of $ 32,850.00. 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 eon pion deficiencies in
such public improvements.
32. Claims. The Developer shall pay any subcontractor within ten (1 0) 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 Agreernent, 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 ftirther 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 hmnediately notify the City of this intent at the
titne the claim is made and shall delivery one hundred twenty-five percent (125%) of the
claim to the City within ten (10) days of such notice in the form of cash or certified check.
33. Restrictions. The following restrictions apply to the property and all lots
thereon shall be held sold, and conveyed subject to the following conditions and
Z7
restrictions, which are for the p-tu-pose 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:
A. Developer shall record at the same time the Final Plat is recorded an
access easement as approved by City staff overlying the south
driveway of Lot 1, Block I GA,rEWAY NORTH 6 allowing
ingress/egress to future lots within the Plat. 1'he south driveway shall
be constructed to standards as set forth by the City Engineer.
B. Developer shall designate on the site plan proof of parking stalls for
future construction. Upon a decision by City staff that constructed
parking stalls are inadequate for the use of the site., evidence of
parking upon adjacent public streets by en-iployees or others, or the
deficiency in available parking causes traffic difficulties, nuisance
conditions, or unreasonably burdens and affect surrounding properties
and the public in general Developer shall be required to H-ninediatety
construct additional parking Eacilities within the designated area. The
number of required addl-tional stalls shallbe determined by City staff.
Failure to provide the additional parldng when required will be a
breach of this Agreement or any other Agreement between City and
Developer.
34. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
the Plat., including, but not limited to, legal, planning, cngineering, and
inspection expenses incuiTed m' 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 froin claims made by itself and third parties for damages
sustained or costs incurred resulting from Plat development. The
Developer shall indernnify the City and its officers and employees for
all costs, damages or expenses which the City may pay or incur in
cons equenc e of such claims, including attomey � s fees.
C. The Developer shall reimburse the City for costs incurred in the
enforceof this his 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. If the bills are not paid on time, tine in
e City ay halt all plat
development work and construction, including but not limited to the
issuance of building permits for lots which the Developers may or may
not have sold, until all bills are paid in full. Claims not paid within
thirty (3 0) days shall accrue interest at the rate of twelve percent (12%)
per year.
35. Developer's Defatilt. In the event of default by the Developer as to aiiy of
the work to be perforined by it hereunder, the City may., at its option, perform the work and
the City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given . notice of the work in default, not less than
seven (7) days in advance, This notice provision does not apply if the work perforn-led by
the City or its contractors is of an emergency nature, as determined at the sole 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. Wlicn the City does any such work, the City
inay, in. addition to its other remedies., assess the cost in whole or in part pursuant to any
�tpplicable statutes or ordinances.
36. Mi*scellanexus.
A. The Developer represents to the City that the Plat complies with all
Clty, County, State, and Federal laws and regulations, including but
not limited to,, Subdivision Ordinances, Zoning Ordinances, and
envirom-nental regulations except where specifically excluded by this
agreement. If the City deterinines that the Phase does not comply, the
City may, at its option, refuse to allow construction or development
work in the plat until the Developer does comply. Upon the City's
den -land, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this
Agreement.
C. Breach of any of the terins of this Agreement by the Developer shall
be grounds for denial or revocation of building perii-iits.
D. If any portion, section, subsection, sentence, clause, paragraph or
plu-ase of this Agreement is for any reason held invalid, such decision
shall not affect the validity of the remaining portion of this Agreement.
E. If buildinc, peniiits are issued by the City prior to the conipletion 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, materiahnen,
employees, agents, or third parties. No one may occupy a building for
which a building pen -nit is issued on either a temporary or pern-la
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 patties and
approved by written resolution of the City Council. "I'he City's failure
to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
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 havincr 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 thein
13
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial releases of this Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
property damage insurance covering personal in'
,jury, including death,
D
and any claims fn
or property damage which may ase out of the
Developer's work or the work of their subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily
mjui-y 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
na-fined as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City
prior to the City issuing fir -cher building permits.
I. Each right,, conferred power or remedy herein confeed upon the City is
I
cumulative and in addition to every other ricrht
ID , power or remedy,
express or implied, now or hereafter arisk-fig, 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 tirne 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
becolne onerous or unduly burdensome to the Developers, upon
his/her application, the City will enter into negotiations regarding
those specific terms and shall not unreasonably withhold consent to
appropriate changes in the terms of this Agreement.
The Developer shall demonstrate and maintain compliance with the
1 99 1 Wetland Consei-vation Act.
M. The Developer shall be responsible for all on site drainage as well as
for any affects that their actions 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-site ch-ainage
14
facilities to be constructed in accordance with this agreement and plat
approval.
37. Previons Developer's Agreement. Applicable portions of the previOLIS
Developers Agreements for GATEWAY NOX-111 and GATEWAY NORTH SECOND
ADDITION remain in effect for this Plat., subject only to modifications set forth in this
Agreement.
38. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, their einployees or agents, or mailed to the
Developer by registered mail. at the following address: Duke Realty Limited Partnership
Attention: Pat Mascia, 1600 Utica Avenue South, Suite 250, MiiiLneapolis, MN 55416.
Notice to the City shall be in writing and shall be either 1-1crind delivered to the City Clerk at
the following address: City of Otsego, City Hall, 13400 90t" Street NE, Otsego, NM 55330,
Attention: City Clerk
CIT OF OTSEGO
N: 'S
Jessica tock ani Mayor
Tami Loff, City Clerk
DUKE REALTY LEITER PART NERSMP
DEVELOPER
Its:
15
STATE OF MINNESOTA
SS.
COUNrlY OF WRIGHT
The foregoing instrument was acknowledged before me this day of
2014 by Jessica Stockamp, Mayor and by Tami Loff
.9 City Clerk,,
of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant
to the authority of the City Council.
STATE OF MlNNE SOTA
COUNTY OF
Notary Public
The foregom*g instrument was a6mowledged before me this
2014 by the
of Duke Realty Limited Partnership with authority and on behalf of the partnership.
DRAFTED BY:
MA ARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, NIN 55303
(763) 231-5850
16
Notary Public
day of