Item 3.10 Zachman Meadows Development
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 12 August 2024
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
3.10 – Zachman Meadows/
Condo Suites of Otsego
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative communication.
X Has proactively expanded infrastructure to responsibly provide core services.
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.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council approve vacation of existing drainage and utility easements, a final plat, and
development contract.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes Yes, was held by Planning Commission 15 April 2024
BACKGROUND/JUSTIFICATION:
Boyd Dollansky, LLC has acquired 58.67 acres located at the northeast quadrant of Kadler Avenue and 70th Street. The
developer received City Council approval of a PUD Development Stage Plan and preliminary plat on 22 April 2024 to
develop single family villa lots and 160,200 square feet of multiple tenant office/warehouse space within 14 buildings
plus an office/clubhouse to be developed within the property to be known as “Zachman Meadows and Condo Suites of
Otsego”. The developer has submitted applications requesting final plat approval.
• Comprehensive Plan. The 2023 Comprehensive Plan guides the subject site for three different future land uses.
The property is divided by a large wetland complex into a north and south portion. The area north of the
wetland complex is planned for Medium-to-High Density Residential land uses (4.0 to 8.0 dwellings per acre) and
Low-to-Medium Density Residential land uses (5.0 to twelve dwellings per acre) with extension of Kittredge
Parkway from its current terminus within the Windsong plat to Kalder Avenue as the dividing line between the
two residential land use designations. The net density of the proposed single family villa lots is within the range
of expected density guided by the Comprehensive Plan.
The south portion of the property is guided for industrial land uses to promote development of businesses that
expand the City’s tax base and increase employment opportunities. The proposed development consists of 124
multiple tenant office/warehouse spaces that could be rented or purchased by small businesses as a location for
their operation. This type of use was discussed by the Planning Commission during the Comprehensive Plan
process as desirable for the City to provide a unique opportunity for service and trade type businesses that also
provides an option for relocation of existing home-based businesses.
• Zoning. The property is zoned PUD, Planned Unit Development District to allow for the range and mix of
different uses and performance standards specific to the development. The PUD District is based on the allowed
uses and standards of the R6, Residential Medium Density District and I2, General Industrial District. The R6
District allows for single family villa uses. The I2 District allows for multiple tenant buildings with a range of office
and industrial type uses.
• Surrounding Uses. The table below summarizes existing and planned land uses in the area surrounding the
property: The proposed final plat will be compatible with existing and planned land uses surrounding the
property.
Direction Land Use Plan Zoning Map Existing Use
North LMD Residential A1 District Horse farm
East LMD Residential
LD Residential
Office
PUD District
A1 District
Windsong
Kittredge Crossings
Rural single family
South Albertville Albertville Manufacturing
West Industrial I1 District Undeveloped
• Preliminary Plat Consistency. The proposed final plat is generally consistent with the preliminary plat and PUD
Development Stage Plan. Changes include revising the private drive south of Kittredge Parkway to be a public
street. To comply with City street design standards, two single family villa lots were eliminated reducing the lot
count to 115. Within the industrial portion of the development, the clubhouse building was shifted to a location
Lot 24, Block 10. The proposed changes do not significantly alter the character of development or warrant
amendment of the preliminary plat and PUD Development Stage Plan.
• Access. The property abuts Kadler Avenue and 70th Street. The Transportation Plan designates 70th Street as a
minor arterial street as a planned extension of CSAH 38 west of Labeaux Avenue (CSAH 19) to I-94. The
Transportation Plan designates Kadler Avenue as a Commercial/Industrial Collector Street with a future Minor
Arterial designation as a possible Wright County roadway between 70th Street (future CSAH 38) and 95th Street
(CSAH 39).
The final plat includes dedication of 75 feet for one-half the right-of-way from industrial developments abutting
Kadler Avenue. The final plat illustrates the same 75 foot wide right-of-way dedication for the east half of Kadler
Avenue. Wright County recommends that 65 feet of right-of-way for 70th Street be dedicated accommodate
future CSAH 38, which is provided for on the final plat. The final plat also includes dedication of right-of-way
necessary for a future roundabout at the intersection of Kadler Avenue and 70th Street.
All right-of-way dedication is to be subject to review and approval of the City Engineer.
Streets. The final plat includes public streets for access to the single family villa lots within Blocks 1 through 9. The public
streets include extension of 74th Street west of Windsong 3rd Addition and Kittredge Parkway between Windsong Addition
and Kadler Avenue. Street names are assigned in accordance with the Wright County grid system and Section 10-
8-5.B.13 of the Subdivision Ordinance. The final plat is to be revised to change 73rd Street to Kittredge Parkway.
All street names are subject to review and approval of City staff.
Kittredge Parkway is a minor collector street designed with an 80 foot wide right-of-way and 46 foot wide street
section, which is consistent with the design of the existing street to the east. The local residential streets within
the final plat are designed with 60 foot rights-of-way as required by Section 10-8-5.B.1 of the Subdivision
Ordinance.
Two public street connections are provided for future access from the final plat to the north as required by
Section 10-8-5.A.7 of the Subdivision Ordinance. A temporary cul-de-sac will be required at the north terminus
of Kaeding Avenue and Kagen Avenue based on the number of lots accessing these streets north of 74th Street.
The temporary cul-de-sacs are shown on the property to the north, which will require a temporary roadway
easement to be provided.
Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions at the corners of
intersecting streets and midblock locations for blocks longer than 900 feet. The number and location of
proposed street lights and street signs is to be subject to review and approval of the City Engineer.
All street design and construction plans, lighting, and signs are subject to review and approval of the City
Engineer. The development contract will include security for construction of the public streets and payment of
fees for street light operation and sign installation.
▪ Blocks. Section 10-8-3.A of the Subdivision Ordinance establishes that blocks within a subdivision are to be a
minimum of 300 feet and not more than 1,200 feet in length. The blocks within the final plat comply with the
Subdivision Ordinance.
▪ Lot Requirements. Traditional single family lots within the R6 District are required to be a minimum of 60 square
feet and 9,000 square feet in area. Townhouse uses are required to provide a minimum of 5,000 square feet of
lot area per dwelling. The developer is proposing the single family villa lots within the final plat as 45 feet wide
by 115 feet deep for a minimum area of 5,175 square feet on the basis of substituting lower cost to construct
single family dwellings for townhouse or multiple family dwellings. The Windsong plat was approved with similar
allowances for a minimum 5,000 square foot lot area per dwelling unit requirement.
The lot requirements for industrial use is based on the provisions of the I2, General Industrial District. Lots within
the I2 District must be a minimum of 2.0 acres in area with a minimum width of 200 feet. The unit/base lot
configuration of the industrial portion of the development exceeds these requirements.
▪ Setbacks. The table below summarizes the setbacks applicable to the single family lots within the plat. Each
single family lot has sufficient buildable area within required setbacks to allow for construction of a single family
dwelling.
Single Family Villa Lots
Kadler
Avenue
Local1
ROW
Side Rear Wetland
Buffer
30ft. 25ft. 7ft. 20ft. 20ft.
For the industrial uses, the PUD District requires those setbacks established by Section 11-86-7.C of the Zoning
Ordinance within the I2 District to be setback a minimum of 30 feet from public rights-of-way, which all of the
buildings comply with. The buildings within Block 19 and 22 are setback 50 feet from the west line of the
exception parcel, which exceeds the side yard setback requirement of 20 feet. All other setbacks are defined by
the minimum 20 feet from the wetland buffer required by Section 11-16-5.F of the Zoning Ordinance and comply
with this standard.
▪ Landscaping. For residential uses, Section 11-19-2.B.2 of the Zoning Ordinance requires that two shade trees be
provided per lot (one of which must be in the front yard) at the time of house construction. Plantings are also
required in the yards of the lots within Blocks 2 and 7 abutting Kadler Avenue to meet the requirements of
Section 11-19-3.B of the Zoning Ordinance for a residential buffer yard and also the rear yards of Block 8, which
have double frontage to Kittredge Parkway and 73rd Lane. The residential buffer yard requirements are in
addition to the two trees required for each lot. A landscape plan was approved with the PUD Development Stage
Plan for the installation of the required buffer yard.
The PUD Development Stage Plan approval included proposed plantings for the industrial portion of the
development. The plantings are generally located in the yards adjacent to Kadler Avenue and 70th Street with
emphasis at the site entrances and some interior locations. The types and sizes of proposed plantings are
appropriate and comply with Section 11-19-3.A.2 of the Zoning Ordinance. Section 5-2-3.C.2 of the City Code
requires installation of in-ground irrigation for the yards and planting areas within the industrial portion of the
development.
The developer will be required to provide a security for installation of the residential buffer yard and plantings
within the industrial portion of the development with the development contract.
▪ Utilities. The subject site is within the West Sewer District designated by the 2023 Comprehensive Plan. There
are trunk sewer and water utilities available to the property to serve the proposed development. The plans
include dedication of right-of-way and construction of a portion of the sewer line necessary to extend trunk
sewer between the west line of Windsong 3rd Addition and Kadler Avenue to serve future industrial development
to the north along Kadler Avenue. All utility plans are subject to review and approval of the City Engineer.
The developer will pay Utility Availability Charges at the time of final plat approval. Title 8, Chapter 1 of the City
Code provides that Utility Availability Charges for residential uses are calculated by the number of dwelling units.
Utility Availability Charges for industrial uses are calculated at 3.5 Residential Equivalent Connections per acre
final platted. Utility Connection Charges based on either residential use or occupancy of the industrial buildings
or tenant spaces is determined and paid at the time a building permit is issued.
• Grading Plan. The developer has submitted final grading, drainage, and erosion control plans. Proposed
stormwater basins, wetlands, and wetland buffers are required to be platted in outlots and deeded to the City by
Section 10-8-12.D of the Subdivision Ordinance for stormwater management purposes. The final plat is within
the Otsego Creek watershed. The developer will be required to pay a Stormwater Impact fee for Otsego Creek at
the time of final plat approval. All grading, drainage, and erosion control issues are subject to review and
approval of the City Engineer.
• Easements. There are existing drainage and utility easements recorded over portions of the property related to
trunk sewer and water utilities. These are to be replaced by dedication of new drainage and utility easements or
public right-of-way with the recording of a final plat for the proposed development. The existing drainage and
utility easements serve no public purpose and are to be vacated.
Section 10-8-12 of the Subdivision Ordinance establishes requirements for drainage and utility easements to be
dedicated with the proposed subdivision. These easements include the perimeter of all lots, over any in ground
utilities or overland drainage ways and are illustrated on the final plat as required by the Subdivision Ordinance.
All drainage and utility easements are subject to review and approval of the City Engineer.
▪ Outlots. The final plat illustrates six outlots. Outlots A, B, C, and D are to be deeded to the City for stormwater
management purposes. Outlot E is located east of Kagen Avenue north of 74th Street and is to be conveyed to
the abutting Windsong HOA such that the adjacent dwelling complies with the side yard setback required from a
public right-of-way. Outlot F is a remnant parcel east of the rural residential at the south east corner of the
industrial portion of the development that is to be combined with Lot 1, Block 10.
▪ Park Dedication. The 2019 Parks + Recreation System Master Plan does not identify acquisition of additional
park lands from the area of the final plat. Park dedication requirements are to be satisfied as a cash fee in lieu of
land at the time of final plat approval. Section 10-8-15.I of the Subdivision Ordinance and City Fee Schedule
provides that park dedication fees in lieu of land for residential development is calculated on a per lot basis
whereas industrial uses are calculated based on net acreage platted.
▪ Development Contact. Section 10-10-4.A of the Subdivision Ordinance requires execution of a Development
Contract with final plat approval by to provide for completion of public improvements, establishment of required
securities, and payment of applicable fees related to the subdivision of the subject site. Section 11-9-7 of the
Zoning Ordinance further requires that the developer enter into a Site Improvement Performance Agreement
with the City to provide for construction of the project improvements approved with the PUD Development
Stage plan. The City Attorney will draft a PUD Agreement and Development Contract addressing both the
subdivision and site improvements for approval by the City Council.
SUPPORTING DOCUMENTS ATTACHED:
• Site Location Map
• Final Plat (4 sheets)
• Resolution 2024-58 vacating existing drainage and utility easements
• Findings of Fact and Decision; Final Plat
• Resolution 2024-59 approving a Development Contract and PUD Agreement
• Development Contract and PUD Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2024-58 vacating existing drainage and utility easements; approve the Zachman Meadows
final plat subject to the conditions stated on the Findings of Fact and Decision as presented; and adopt Resolution 2024-
59 approving a Development Contract and PUD Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 701 – Development Escrow
N/A
Site Map
588 ft
Legend
Roads
CSAHCL
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Highways
Interstate
State Hwy
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City/Township Limits
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EXCEPTIONEXCEPTION1102.00 260.75West line of the East 260.75 feet of the West1/2 of the SW 1/4, Sec. 26, T.121, R.24West line of the East 260.75 feet of the West 1/2 ofthe SW 1/4, Sec. 26, T.121, R.24South line of the West 1/2 of the SW 1/4North line of the West 1/2 of the SW 1/4Sec. 26, T.121, R.24Wright County CIM at the NWcorner of the West 1/2 of the SW1/4 of Sec. 26, Twp. 121, R. 24SW corner of the West 1/2 of theSW 1/4 of Sec. 26, Twp. 121, R. 24East line of the West 1/2 of the SW 1/4Sec. 26, T.121, R.24 East line of the West 1/2 of the SW 1/4Sec. 26, T.121, R.24North line of the South 1102.00 feetof the West 1/2 of the SW 1/4Sec. 26, T.121, R.24N88°59'11"E 613.63160.02S73°58'38"EL=297.34R=1000.00Δ=17°02'11"825.13629.581049.50951.49 731.99722.90 1454.891454.711003.00160.00612.56West line of the East 160.00 feet of the West1003.00 feet of the West 1/2 of the SW 1/4,Sec. 26, T.121, R.24 North line of the South 612.56 feetof the West 1/2 of the SW 1/4,Sec. 26, T.121, R.24East line of the West 1003.00 feet of the West1/2 of the SW 1/4, Sec. 26, T.121, R.24 33Varying Width ROW7575807533753350501001008060West line of the West Half of the Southwest Quarter,Sec. 26, T.121, R.24150.51N01°00'48"WS88°50'53"W 2637.91N88°51'29"E 4240.96S88°50'53"W 1059.103370Public Right of Way Easement per Doc. No. 0404209
Wright County CIM at the N 1/4corner of Sec. 26, Twp. 121, R. 24Wright County CIM at theE 1/4 corner of Sec. 26,Twp. 121, R. 24Wright County CIM at theS 1/4 corner of Sec. 26,Twp. 121, R. 24North-South Quarter line of Sec. 26, T.121, R.24
N00°55'11"W 5151.22
ZACHMAN MEADOWSKNOW ALL PERSONS BY THESE PRESENTS: That Boyd Dollansky, LLC, a Wisconsin limited liability company, owner of the following described property:The South 1102.00 feet of the West Half of the Southwest Quarter of Section 26, Township 121, Range 24, lying West of the East 260.75 feet thereof;EXCEPT for Minnesota Department of Transportation Right-of-Way Plat No. 86-5, and also EXCEPT the East 160 feet of the West 1003 feet of the South612.56 feet thereof, Wright County, Minnesota.ANDThe West Half of the Southwest Quarter of Section 26, Township 121, Range 24, Wright County, Minnesota lying west of the East 260.75 feet and north of theSouth 1102.00 feet thereof, Wright County, Minnesota.Has caused the same to be surveyed and platted as ZACHMAN MEADOWS and does hereby dedicate to the public for public use the public ways and thedrainage and utility easements as created by this plat.In witness whereof said Boyd Dollansky, LLC, a Wisconsin limited liability company, has caused these presents to be signed by its proper officer this ______day of _________________________________, 20____.Boyd Dollansky, LLC_______________________________________________________(Signature)______________________, Its ________________________________(Print name)(Title)STATE OF __________________________________COUNTY OF _________________________________This instrument was acknowledged before me this ______ day of ________________________________, 20____ by ________________________________,it's ________________________________ of Boyd Dollansky, LLC, a Wisconsin limited liability company, on behalf of the company._________________________________________________(Signature)_________________________________________________(Print name)Notary Public, ________________________________ County, _______________________________My Commission Expires ________________________SURVEYOR'S CERTIFICATEI, Lynn P. Caswell, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State ofMinnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that allmonuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes,Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this _________ day of _______________________________, 20____.___________________________________________Lynn P. Caswell, Licensed Land SurveyorMinnesota License Number 13057STATE OF MINNESOTACOUNTY OF ________________________________The foregoing Surveyor's Certificate was acknowledged before me this _________ day of _______________________________, 20____ by Lynn P. Caswell,Licensed Land Surveyor, Minnesota License Number 13057.___________________________________________(Signature)___________________________________________(Print name)Notary Public, _______________________________ County, MinnesotaMy Commission Expires________________________CITY COUNCIL, CITY OF OTSEGO, MINNESOTAThis plat of ZACHMAN MEADOWS was approved and accepted by the City Council of the City of Otsego, Minnesota at a regular meeting thereof held this_________ day of __________________________, 20____, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.By: ___________________________________________, MayorBy: ___________________________________________, City ClerkWRIGHT COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this _________ day of__________________________, 20____.By __________________________________________ Wright County SurveyorWRIGHT COUNTY LAND RECORDSPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20____ on the land hereinbefore described have been paid. Also, pursuantto Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this _________ day of __________________________, 20____.___________________________________________Wright County Land Records AdministratorWRIGHT COUNTY RECORDERI hereby certify that this plat of ZACHMAN MEADOWS was filed in the office of the County Recorder for public record on this _________ day of__________________________, 20____, at ______ o'clock ___.M. and was duly recorded in Cabinet No. ______, Sleeve ______, as Document Number_______________________________.___________________________________________Wright County RecorderNORTHNO SCALEAREA LOCATION MAPSECTION 26, TOWNSHIP 121, RANGE 2470TH ST NE80TH ST NELABEAUX AVE NE
KADLER AVE NE
KALLAND AVE NEKITTREDGE PKWY NE74TH ST NE74TH ST NE74TH LN NEKALLAND AVE NE71ST ST NE73RDST NE73RDST NESITEINSET ASEE SHEET 2 OF 4 SHEETSINSET BSEE SHEET 3 OF 4 SHEETSINSET CSEE SHEET 4 OF 4 SHEETSNORTH0200400SCALE IN FEETdenotes Wright County Cast Iron Monument foundFor the purposes of this plat, the West line of the WestHalf of the Southwest Quarter of Sec. 26, T. 121, R. 24is assumed to bear S01°00'48"E.denotes 1/2 inch by 14 inch iron pipe monument set and markedby License No. 13057denotes 1/2 inch iron pipe monument found marked by LicenseNo. 15233, unless shown otherwise.
12345678910111213141512415111213141516171819202019181716151413121112345678910123456789101234567812193161756789101112131423456S73°58'38"E 160.02L=297.34R=1000.00Δ=17°02'11"N88°59'11"E 613.63N01°00'48"W 732.49
N88°51'29"E 766.33N01°00'48"W 552.05
N01°00'48"W 570.22
N84°59'01"E 74.00N00°58'00"W 179.07220.00290.00103.63L=187.46Δ=10°44'26"L=109.88Δ=6°17'45"181.09551.40 290.00290.00186.3344.0529.95731.99
825.13 44.0044.0044.0044.0046.5046.5047.5047.4347.4347.4347.43115.1345.0944.0057.99110.99N88°51'29"E 115.0562.00 44.00 45.09N88°51'29"E 115.09L=6.29R=4.00Δ=90°07'42"S00°58'00"E 151.09S00°58'00"E 151.09
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N88°51'29"E 115.00N88°51'29"E 115.00S00°58'00"E 151.0947.4347.4347.4347.4347.5046.5046.5044.0044.0044.0044.00111.01L=6.27R=4.00Δ=89°49'29"58.18 44.00 44.93
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31.09Drainage and Utility Easement115.0045.0645.0045.0045.0045.0045.0045.0045.0045.0045.0045.0045.0045.0045.0058.36L=6.28R=4.00Δ=89°59'59"N88°59'11"E 111.0062.36 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 45.00 44.80N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°51'29"E 115.00N88°51'29"E 115.00N88°51'29"E 115.00N88°51'29"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°51'29"E 115.00N88°51'29"E 115.0062.00S01°00'48"E44.00S01°00'48"E44.00S01°00'48"E44.22S01°00'48"E45.00S01°00'48"E45.00S01°00'48"E45.00S01°00'48"E45.00S01°00'48"E45.00S01°00'48"E62.50S01°00'48"E 110.99L=6.29R=4.00Δ=90°07'43"57.9944.0044.0044.4845.0045.0045.0045.0045.0058.50L=6.28R=4.00Δ=89°59'59"111.00111.00L=6.28R=4.00Δ=90°00'01"58.50 45.00 45.00 45.00 45.00 45.00 43.96 44.00 44.00 58.01 L=6.27R=4.00Δ=89°52'17"111.01111.01110.9957.9944.0044.1345.0045.0045.0045.0045.0045.0069.68L=6.87R=4.00Δ=98°23'30"L=110.95Δ=6°06'45"L=41.38Δ=2°16'46"69.63L=6.28R=4.00Δ=90°00'01"58.50 45.00 45.00 45.00 45.00 45.00 45.00 43.61 44.00 58.01
N88°51'29"E 115.00N88°51'29"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°51'29"E 115.00N88°51'29"E 115.00L=6.27R=4.00Δ=89°52'17"L=6.29R=4.00Δ=90°07'43"S01°00'48"E
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L=43.41Δ=2°23'29"L=5.43R=4.00Δ=77°48'53"23.4891.5228.7314.2944.54S88°59'11"W 115.00N88°59'11"E 115.00N88°59'11"E 115.00N88°51'29"E 115.00N88°51'29"E 115.00N88°51'29"E 115.00N88°51'29"E 115.00N88°51'29"E 115.00S16°4
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41.83 75.00S01°00'48"E 692.16
OUTLOT BAll of OUTLOT B isDrainage and Utility EasementDrainage and Utility Easement74TH STREET NE73RD STREET NEKADLER AVENUE NEKAEDING AVENUE NE
KAEDING LANE NE
KAGAN AVENUE NE
Public Right of Way Easement per Doc. No. 0404209
WETLANDKAGAN
AVE NE
OUTLOT E (SEE DETAIL A)(INSET B)(SEE SHEET 3 OF 4 SHEETS)West line of the East 260.75 feet
of the West 1/2 of the SW 1/4
Sec. 26, T.121, R.24
West line of the West Half of the Southwest QuarterSec. 26, T.121, R.24
North line of the West Half of the Southwest QuarterSec. 26, T.121, R.24L=6.27R=4.00Δ=89°52'17"WET WE
T
WETWET7.57.57.57.5Wright County CIM at the NWcorner of the West 1/2 of the SW1/4 of Sec. 26, Twp. 121, R. 24N88°51'29"E 506.2210101010101010
10
OUTLOT E 13.94146.019.68L=6.57R=4.00Δ=94°02'59"142.67
All of OUTLOT E is Drainage and Utility Easement
N00°58'00"W 179.07
N84°59'01"E 74.0044.0530303030.07 30.00KAGAN AVENUE NE74THAVE NEWETZACHMAN MEADOWSINSET ADETAIL ANORTH050100SCALE IN FEETNORTH02040SCALE IN FEETdenotes Wright County Cast Iron Monument founddenotes 1/2 inch by 14 inch iron pipe monument set and markedby License No. 13057denotes 1/2 inch iron pipe monument found marked by LicenseNo. 15233, unless shown otherwise.denotes edge of Wet LandFor the purposes of this plat, the West line of the WestHalf of the Southwest Quarter of Sec. 26, T. 121, R. 24is assumed to bear S01°00'48"E.
1234567891011121314151612341234567891011875973RD STREET NE73RD LANE NEOUTLOT AAll of OUTLOT A isDrainage and Utility EasementS73°58'38"E 160.02L=109.88Δ=6°17'45"L=187.46Δ=10°44'26"220.00393.63N88°59'11"E 613.63L=297.34R=1000.00Δ=17°02'11"S01°00'48"E 122.37
S01°00'48"E 122.37
S01°00'48"E 122.37
S01°00'48"E 122.36
S08°05'34"W
1
0
9
.
2
6
N02°52'21"E 99.98
N00°47'18"E 101.24
N01°00'49"W 100.00
N01°00'49"W 100.00
N01°00'49"W 100.00
N01°00'49"W 100.00
N01°00'49"W 100.00
N01°00'49"W 100.00N01°00'49"W 100.00N07°55'15"E 102.70
S88°59'11"W 303.63L=141.37R=90.00Δ=90°00'01"N01°00'48"W 105.00
L=86.84R=805.00Δ=6°10'52"L=1
5
1.
0
8
R
=90.00
Δ
=
9
6°10'51"
S01°00'48"E 92.68
N24°43'39"E 112.16N40°48'58"E 132.96 N56°48'40"E 143.58 N72°47'08"E 124.72S88°59'11"W 115.00S01°00'49"E 125.57
S01°00'49"E 125.15
S01°00'49"E 125.00
S01°00'49"E 125.00
S01°00'49"E 125.00
S01°00'49"E 125.00
S01°00'49"E 125.00
S01°00'49"E 125.00
S01°00'49"E 125.00S01°00'49"E 125.00
44.0044.0044.0044.0044.0044.0055.8830.4570.9471.2861.56 62.00 111.00L=6.28R=4.00Δ=90°00'01"58.003.0021.2944.0044.0044.0044.0044.0044.0018.3440.46
38.8143.9343.9345.5845.4743.9343.9343.9384.8140.6342.0042.0042.0042.0042.0042.0011.0067.0042.0042.0042.0042.0042.0042.0040.6353.98
291.95
500.05 122.34Δ=3°28'59"L=47.11L=28.32Δ=2°05'38"L=1.37Δ=0°05'38"L=42.02Δ=2°53'00"L=42.13Δ=2°53'27"L=4.56Δ=0°18'47"L=100.72
Δ
=9
6°10'51"L=7.21R=4.00Δ=103°19'36"L=5.64R=4.00Δ=80°49'46"L=6.28R=4.00Δ=89°59'59"L=94.25Δ=90°00'01"61.00
L=1.37Δ=0°04'54"Δ=2°30'27"L=42.01Δ=2°30'45"L=42.10L=68.18Δ=4°04'09"Δ=16°48'24"L=35.20Δ=16°05'19"L=33.70 Δ=15°59'42"L=33.50 L=33.46Δ=15°58'28"L=33.93Δ=16°12'04"42.61N83°44'03"WL=57.04Δ=3°24'15"L=5.12Δ=0°18'19"N74°06'30"W 108.35N88°59'11"E 350.33S73°58'38"E 262.0741.83
KADLER AVENUE NEPublic Right of Way Easement per Doc. No. 0404209682.72722.901648.23
629.58110 L=8.17Δ=0°36'15"303030 30 334233427575S88°50'53"W 1059.104040
40
40North line of the South 1102.00 feet of the West 1/2 of the SW 1/4Sec. 26, T.121, R.24WETLANDOUTLOT CAll of OUTLOT C isDrainage and Utility Easement158.25 48.18N76°56'18"ES70°45'39"E40.0235.36S48°09'31"ES06°16'53"E44.52S16°02'51"E 144.41127.77S49°16'05"E 24.6827.29S40°10'23"E43.2537.68S01°00'48"E 263.45
West line of the East 260.75 feet of the West 1/2 of the SW 1/4
Sec. 26, T.121, R.24
West line of the West Half of the Southwest QuarterSec. 26, T.121, R.24
(INSET A)(SEE SHEET 2 OF 4 SHEETS)(INSET C)(SEE SHEET 4 OF 4 SHEETS)Drainage andUtility EasementWE
T
WETWETWETWETWETWETWETWETWETWETWETWETWETWETW
E
T
WETWETWETWETWETWETLANDWETLANDWETLAND15.8972.6337.4143.5143.44Δ=8°56'04"L=18.71
Δ=21°30'59"L=45.06303030 30
465.41N88°45'49"W 86.95N49°30'38"W 88.52L=72.23 Δ=34°29'10 "L=84.15
Δ=
4
0
°
1
0'4
2"ZACHMAN MEADOWSINSET BNORTH050100SCALE IN FEETdenotes 1/2 inch by 14 inch iron pipe monument set and markedby License No. 13057For the purposes of this plat, the West line of the WestHalf of the Southwest Quarter of Sec. 26, T. 121, R. 24is assumed to bear S01°00'48"E.WETdenotes edge of Wet Land
North line of the South 1102.00 feet of the West 1/2 of the SW 1/4Sec. 26, T.121, R.24Public Right of Way Easement per Doc. No. 0404209KADLER AVENUE NE
WETLAND70TH STREET NE111112113114115116119117120122118121170TH STREET NEOUTLOT F
N01°00'48"W 190.00N01°00'48"W 190.00
S01°00'48"E 190.00
N01°00'48"W 190.00
S01°00'48"E 190.00S17°07'04"E 190.55N88°43'05"E 231.26S88°43'05"W 162.33N17°07'04"W 190.55S01°00'48"E 190.00
N01°00'48"W 190.00
1648.23420.32 951.49
545.06
454.80
1049.5015.0055.2515.0065.2492.97100.48S01°00'48"E 190.00110 55.00N88°59'12"E55.00S88°59'12"W60.45N88°59'12"E60.45S88°59'12"W60.45S88°59'12"W60.45N88°59'12"E60.45S88°59'12"W60.45N88°59'12"E60.45S88°59'12"W60.45N88°59'12"EN01°16'55"W 80.00S72°52'56"W
80
.00N88°59'12"E 100.00S88°59'12"W 100.00S01°00'48"E 190.00
N88°59'12"E 100.00N01°00'48"W 190.00 S88°59'12"W 100.00S88°59'12"W 100.00N88°59'12"E 100.00S01°00'48"E 190.00
N01°00'48"W 190.00
S01°00'48"E 190.00
N01°00'48"W 190.00
S01°00'48"E 190.00
N01°00'48"W 190.00S01°00'48"E 190.00N01°00'48"W 190.00S01°00'48"E 190.00N01°00'48"W 190.00 N88°59'12"E 100.00N88°59'12"E 100.00N88°59'12"E 100.00N88°59'12"E 100.00S88°59'12"W 100.00S88°59'12"W 100.00S88°59'12"W 100.00S88°59'12"W 100.0015.00N01°16'55"W30.00 530.55
545.18 S88°50'53"W 1059.10N88°50'53"E 215.7055.70S01°00'48"E 160.33
N01°00'48"W 160.332324
N08°30'34"W 114.9845.31N61°48'35"W40.00S88°59'21"W20.00N01°00'48"W20.00
S01°00'48"E 30.00S88°59'12"W30.00S88°59'12"W30.0030.0030.008.64S44°22'53"EWET WETWETWETWETWETWET WET WET WETWETWETWETWETWET LANDWETLANDWET LANDWET LANDS21°46'26"E 104.6527.31S84°51'20"E55.87N21°26'43"E 7.13S72°31'52"ES33°13'25"E 85.0258.90S62°50'05"E66.46S79°47'46"E60.31N84°07'50"E38.87N37°58'49"E33.64N64°08'40"E53.73N81°53'43"EN65°42'34
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83
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8
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3
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2
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"E15.42N30°15'19"E53.31N12°02'21"W14.20N06°56'02"E62.
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25.89N74°50'52"E63.72S82°00'32"E144.41S16°02'51"E16.6443.25N40°10'23"W15.9643.58S20°27'02"E33.97S11°18'14"E27.30S15°26'56"W74.28S30°18'17"W53.19S21°01'27"WS01°00'48"E 263.45225.77
280.49258.16131.76187.66 43.66N39°11'57"E41.71N51°42'30"E46.11N68°23'57"E43.06N80°41'58"E46.81S83°36'39"E39.61S63°35'47"E36.60S56°56'14"E65.9744.37S04°40'01"ES10°16'16"
W
8
5
.
5
9 S15°05'46"E 122.66S45°09'27"E 78.0946.31S41°25'02"ES00°00'45"E
47.39
S04°44'51"E 75.8340.63S29°17'46"ES45°06'35"E 113.0818.29S70°48'17"E72.34N77°38'52"EN45°51'19"E 95.3769.20N36°41'59"E28.86N51°04'15"E OUTLOT COUTLOT D1125965.51
All of OUTLOT A isDrainage and Utility EasementOUTLOT AAll of OUTLOT C is Drainageand Utility Easement 3342753342752015
15
30
15 All of OUTLOT D isDrainage and Utility EasementWest line of the East 260.75 feet of the West 1/2 of the SW 1/4
Sec. 26, T.121, R.24
West line of the West Half of the Southwest QuarterSec. 26, T.121, R.24
(INSET B)(SEE SHEET 03 OF 04)11020202020202020202020202020202020202020202020S17°14'50"E 99.89S54°42'32"E 85.85N88°43'05"E 106.14N17°07'04"W 199.77S88°43'05"W 171.36N01°21'02"W 14.9084.41132.0375.98 199.22 177.45 58.81N88°59'12"E 190.13S88°59'12"W 218.13S88°59'12"W 175.2543.62N01°00'48"WN88°59'12"E 490.00N88°59'12"E 110.00S01°00'48"E 237.27
28.28S43°59'12"W28.93S01°00'48"EN88°59'12"E 120.0034.43132.4139.87N01°00'48"W 240.01S88°59'12"W 218.1323.62N01°00'48"WN01°00'48"W 213.61
S88°59'12"W 94.6233.59S82°28'19"W53.1926.72S01°00'48"E10.15N88°59'12"E20.00S01°00'48"E14.3834.38N88°59'12"EN00°50'18"W
36.35 N48°27'55"W 96.7614.40S43°02'27"EN88°50'39"E 133.35Drainage and Utility EasementDrainage andUtility EasementDrainage and Utility EasementDrainage and Utility EasementDrainage andUtility EasementDrainage and Utility Easement
Drainage and Utility Easement
Drainage and Utility EasementDrainage and Utility Easement
Drainage and Utility Easement
Drainage and Utility EasementDrainage andUtility EasementDrainage andUtility Easement32.3532.3545.66N88°59'12"ES41°28'22"E36.41S01°00'48"E 123.43
3
6
.
8
6
S
3
9
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5
1
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"W45.45S88°59'12"WS01°09'07"E 75.79
432.09
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S01°00'48"E 227.41
S01°00'48"E 201.70
S01°00'48"E 197.23
56
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8
6
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0
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4
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2020Drainage and Utility EasementS01°00'48"E 190.00631.62Drainage andUtility Easement20.00
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20.00
N88°59'12"E
34.64
S01°00'48"E 182.77
20.12
S84°48'51"E 5.0620.0049.63N74°20'23"E8.57Drainage and Utility Easement96.74N88°43'05"E70.75
WETWETWETWETWETWET WET29
.
4
345.60N88°58'36"E30.00N00°59'51"W2020WETLANDWET LANDS01°00'48"E 93.4321.57N82°28'19"EN01°00'48"W 230.67
S01°00'48"E 230.67
Drainage and Utility Easement93.25S01°00'48"E 358.12
39.50S68°00'53"W20209.10
S68°00'53"W11.50S88°59'12"W110101010
10
101.86S13°28'40"E67.83S88°50'53"W 153.61W
E
T
W
E
T
WET WET
61.41S12°02'21"EN89°20'22"E 63.9320.00S21°59'07"E31.84N68°00'53"EN15°32'17"W 157.6940.00S88°59'12"W40.00S88°59'12"WS88°59'12"W 40.00WETZACHMAN MEADOWSINSET CNORTH060120SCALE IN FEETdenotes 1/2 inch by 14 inch iron pipe monument set and markedby License No. 13057denotes 1/2 inch iron pipe monument found marked by LicenseNo. 15233, unless shown otherwise.For the purposes of this plat, the West line of the WestHalf of the Southwest Quarter of Sec. 26, T. 121, R. 24is assumed to bear S01°00'48"E.WETdenotes edge of Wet Land
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2024-58
VACATING EXISTING DRAINAGE AND UTILITY EASEMENTS
ZACHMAN MEADOWS
WHEREAS, Boyd-Dollansky, LLC has initiated vacation of existing drainage and utility easements dedicated over the
property described as follows:
The South 1102.00 feet of the West Half of the Southwest Quarter of Section 26, Township 121, Range 24,
lying West of the East 260.75 feet thereof; EXCEPT for Minnesota Department of Transportation Right-of-
Way Plat No. 86-5, and also EXCEPT the East 160 feet of the West 1003 feet of the South 612.56 feet
thereof, Wright County, Minnesota.
AND
The West Half of the Southwest Quarter of Section 26, Township 121, Range 24, Wright County, Minnesota
lying west of the East 260.75 feet and north of the South 1102.00 feet thereof, Wright County, Minnesota.
WHEREAS, the City Engineer has reviewed the request and determined that the existing drainage and utility easements
are unnecessary for public purposes upon recording a final plat for subdivision of the above described property; and
WHEREAS, the Planning Commission held a public hearing at their regular meeting on 15 April 2024 to consider the
vacation, preceded by required published and mailed legal notice; and
WHEREAS, the Planning Commission heard all parties interested therein, closed the public hearing, and voted to
recommend the City Council approve the vacation request; and
WHEREAS, the Request for Council Action dated 12 August 2024 prepared by the City Planner, The Planning Company LLC,
is incorporated herein; and
WHEREAS, the City Council having considered all information received finds that the existing drainage and utility
easements serve no useful public purpose and vacating the existing drainage and utility easements would be in the public
interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. That the existing drainage and utility easements dedicated over the property described herein is hereby vacated.
2. The vacation shall be effective upon recording a final plat of the property described herein.
3. The City Council hereby determines that the vacation of said drainage and utility easements shall cause no damage
to any abutting or nearby property owners and therefore no damages are awarded to any such property owners.
2
ADOPTED by the Otsego City Council this 12th day of August, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
FINDINGS OF FACT & DECISION
FINAL PLAT
ZACHMAN MEADOWS
APPLICANT: Boyd Dollansky, LLC
APPLICATION: Request to approve a final plat for Zachman Meadows
CITY COUNCIL MEETING: 12 August 2024
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The property lies within the West Sewer District and is guided for Low-to-Medium Density Residential,
Medium-to-High Density Residential, and Industrial land uses by the 2023 Otsego Comprehensive Plan.
C. The property is zoned PUD, Planned Unit Development District.
D. The City Council approved a PUD Development Stage Plan and preliminary plat on 22 April 2024.
E. The applicant is proposing a final plat consisting of 115 single family villa lots and 15 industrial lots.
F. The Request for Council Action dated 12 August 2024 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED,
subject to the following conditions:
1. The developer shall execute a Development Contract as drafted by the City Attorney, subject to
approval of the City Council.
2. All right-of-way dedication shall be subject to approval of the City Engineer.
3. All street design and construction plans, street names, lighting, and signs shall be subject to review and
approval of the City Engineer.
4. A temporary cul-de-sac overlaid by a temporary roadway easement shall be provided at the north
terminus end of Kaeding Avenue and the north terminus end of Kagen Avenue, subject to review and
approval of the City Engineer.
2
5. An ingress egress easement shall be recorded over Block 10 allowing PID 118-800-00263300 shared
access to 70th Street, subject to review and approval of City staff or the right-of-way shall be modified
to provide for said access, subject to approval of the City Engineer.
6. Single family villa lots within Blocks 1-9 of the final plat shall be subject to the following setback
requirements:
Kadler Avenue Local
ROW/
Private Drive
Side Rear Wetland
Buffer
20ft.
74th St./
Kittredge
Pkwy.
All
Others
65ft. 25ft. house
30ft. garage
25ft. 7ft. 20ft.
7. Lots 1-25, Block 10 of the final plat shall be developed in accordance with the lot requirements,
setbacks, and building plans approved as a PUD Development Stage Plan on 22 April 2024.
8. All accesses for Lots 1-25, Block 10 of the final plat to Kadler Avenue and 70th Street shall comply with
Section 11-21-6.B of the Zoning Ordinance, except as may be approved by the City Engineer.
9. Landscaping shall be installed in accordance with the landscaping plan and Section 11-19-3.B of the
Zoning Ordinance; Section 5-2-3.C.2 of the City Code requires installation of in-ground irrigation for
the yards and planting areas within Blocks 10-25 of the final plat.
10. All utility plans shall be subject to review and approval of the City Engineer.
11. Sewer Availability Charges and Water Availability Charges shall be paid at the time of final plat approval
in accordance with the City Code.
12. Sewer Connection Charges and Water Connection Charges shall be paid at the time a building permit
is issued in accordance with the City Code.
13. A stormwater impact fee for Otsego Creek shall be paid at the time of final plat approval in accordance
with the City Code.
14. All easements shall be subject to review and approval of the City Engineer.
15. Outlots A, B, C, and D shall be deeded to the City for stormwater management purposes.
16. Outlot E shall be deeded to the owner of PID 118-321-001010 at the time the final plat is recorded.
17 Outlot F shall be combined with Lot 1, Block 10 prior to the final plat being recorded.
18. Park dedication requirements shall be satisfied as a cash fee in lieu of land paid at the time of final plat
approval.
(Remainer of this page intentionally blank)
3
ADOPTED by the Otsego City Council this 12th day of August, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
4
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
The South 1102.00 feet of the West Half of the Southwest Quarter of Section 26, Township 121, Range 24, lying
West of the East 260.75 feet thereof; EXCEPT for Minnesota Department of Transportation Right -of-Way Plat
No. 86-5, and also EXCEPT the East 160 feet of the West 1003 feet of the South 612.56 feet thereof, Wright
County, Minnesota.
AND
The West Half of the Southwest Quarter of Section 26, Township 121, Range 24, Wright County, Minnesota
lying west of the East 260.75 feet and north of the South 1102.00 feet thereof, Wright County, Minnesota.
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2024-59
APPROVING A DEVELOPMENT CONTRACT AND PUD AGREEMENT
ZACHMAN MEADOWS
WHEREAS, Boyd Dollansky, LLC is proposing subdivision of Zachman Meadows; and
WHEREAS, a final plat for the development was approved by the City Council on 12 August 2024; and
WHEREAS, Section 10-10-4.A of the Subdivision Ordinance requires the developer to enter into a development contract
to provide the City construction and warranty securities for the public and private improvements and to provide the City
various remedies in the event that the developer breaches the terms and conditions of said agreement; and
WHEREAS, those obligations are outlined and memorialized in the attached Development Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. The Development Contract attached hereto between the City of Otsego and Boyd Dollansky, LLC is hereby approved
in form subject to modification of fees, charges, and securities as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the Development Contract on behalf of the City of Otsego.
(The remainder of this page intentionally left blank)
2
ADOPTED by the Otsego City Council this 12th day of August, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
232081v3 Zachman Meadows
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
ZACHMAN MEADOWS
CONTRACT dated ____________________, 2024, by and between the CITY OF OTSEGO, a
Minnesota municipal corporation (“City”), and BOYD DOLLANSKY LLC, a Wisconsin limited liability
company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for ZACHMAN MEADOWS (referred to in this Contract as the "plat"). The land is situated in the County of
Wright, State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part hereof.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within one hundred (100) days after the City Council approves the
final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
2
232081v3 Zachman Meadows
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this contract has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Wright
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks and outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in
this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with
any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
7. 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
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officer or director may not act as contractors or subcontractors for the public improvements identified in
Paragraph 8 below.
8. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. The plans may be prepared, subject to the City
Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The
City Engineer may approve minor amendments to Plans without City Council approval. If the plans vary
from the written terms of this Contract, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Plans and Specifications for Public Improvements
Plan D - Street Lighting Plan
Plan E - Landscape Plan
9. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
M. Landscaping
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The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Chapter 6 of
the City Code concerning erosion and sediment control. The Developer shall submit plans and
specifications which have been prepared by a competent Minnesota registered professional engineer to the
City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s
engineer will be able to certify that the construction work meets the approved City standards as a condition
of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have
one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible “as-
constructed” plans and an electronic file of the “as-constructed” plans in an AutoCAD .DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer ’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Wright County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of-Way
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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, Retaining Walls, Irrigation
I. MDH for water permits
J. MPCA for sewer extension
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2025.
13. STREETS. The Developer agrees to maintain the streets 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 draw from the Developer’s letter
of credit. Should the City determine that snowplowing is necessary prior to final wear course installation, the
City will plow the street(s) prior to acceptance of the streets. The Developer shall hold harmless and
indemnify the City from any and all liability related to snow plowing and shall pay all costs associated with
snow plowing. Any plowing undertaken by the City shall not constitute City 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 seventy five percent (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
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course is placed prior to seventy five percent (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 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 period set forth above commences upon the date on which
the City accepts the streets by resolution.
14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City, the City may take such
action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance
of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such
work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development,
utility or street construction will be allowed and no building permits will be issued unless the plat is in full
compliance with the approved erosion control plan.
16. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Otsego specifications. Within thirty
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(30) days after completion of the grading and before the City approves individual building permits (except
three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the
City with an “as-constructed” grading plan certified by a registered land surveyor or engineer that all storm
water treatment/infiltration basins and swales, have been constructed on public easements or land owned
by the City. The “as-constructed” plan shall include field verified elevations of the following: a) cross
sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
“conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City
Code. The City will withhold issuance of building permits until the approved certified grading plan is on file
with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report,
including referenced development phases and lot descriptions, shall be submitted to the Building Official for
review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow shall be furnished to the City in accordance with
the City’s current fee schedule to guarantee compliance with the erosion control and grading
requirements and the submittal of an as-built certificate of survey. Prior to the release of the required
individual lot grading and erosion control security that is submitted with the building permit, an as-built
certificate of survey for single family lots must be submitted to verify that the final as-built grades and
elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the
development, and amendments thereto as approved by the City Engineer, and that all required property
monuments are in place. If the final grading, erosion control and as-built survey is not timely completed,
the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon
satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without
interest, less any draw made by the City, shall be returned to the person who deposited the funds with
the City.
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A certified as-built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
19. LATERAL STORM SEWER. The Developer shall post a security for lateral storm sewer
in the amount of $278,552.00 which is due upon final plat approval. The security amount shall be one
hundred twenty five percent (125%) of the City Engineer’s estimated cost of all public improvements and/or
private improvements required by the Subdivision Ordinance or Zoning Ordinance.
The Developer shall pay a cash fee in the amount of $252,116.15 for the Trunk Storm Water
Management Impact Fee for the Otsego Creek Watershed due upon final Plat Approval, calculated as
follows:
52.91 Gross Acres X $4,765/Gross Acre = $252,116.15
20. LATERAL AND TRUNK SANITARY SEWER. The Developer shall pay to the City the
required water availability charges and sanitary sewer availability charges. The water and sewer
availability charges shall be collected according to Section 8-1-6-B of City Code including 9.0 RECs per
gross acre for multiple family uses and 3.5 RECs per gross acre for commercial, industrial, or institutional
uses. The Developer shall post a security in the amount of $707,279.00 for Lateral and Trunk Sanitary
Sewer which is due upon final plat approval. The security amount shall be one hundred twenty five
percent (125%) of the City Engineer’s estimated cost of all public improvements and/or private
improvements required by the Subdivision Ordinance or Zoning Ordinance.
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The Developer shall pay a cash fee in the amount of $516,531.96 for the Sewer Availability Charge
(“SAC”) at the time of plat approval. The Developer shall receive a credit as determined by the City
Engineer in the amount of $20,214.00. The Sewer Availability Charge is calculated as follows:
176.04 REC X $3,049.00/REC = $536,745.96 – Developer Credit in the amount of $20,214.00 =
$516,531.96
21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the
amount of $1,147,117.00 for the installation of lateral and trunk watermain and connection. The security
amount shall be one hundred twenty five percent (125%) of the City Engineer’s estimated cost of all public
improvements and/or private improvements required by the Subdivision Ordinance or Zoning Ordinance.
The Developer shall pay a cash fee in the amount of $519,319.68 for the Water Availability Charge
(“WAC”) at the time of plat approval. The Developer shall receive a credit as determined by the City
Engineer in the amount of $42,600.00 for oversizing of watermain. The Water Availability Charge is
calculated as follows:
176.04 REC X $3,192/REC = $561,919.68 – Developer Credit in the amount of $42,600.00 = $519,319.68
22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The
Developer shall pay to the City required water and sewer connection charges. The water and sewer
connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be paid prior
to the issuance of a building permit based on the fee schedule in effect at the time of application for the
building permit.
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to access the subdivision as approved by the
City Engineer.
24. PARK DEDICATION. The Developer shall pay a cash contribution of $441,157.04 in
satisfaction of the City’s park dedication requirements. The charge is calculated as follows:
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Residential: 115 Units X $3,538 /Dwelling Unit = $406,870.00
Industrial: 17.44 Ac x $1, 966.00/Acre = $34,287.04
Total: $441,157.04
25. TRAFFIC CONTROL SIGNS. The Developer shall pay a cash fee to the City in the
amount of $17,000.00 for installation of traffic control signs. The fee is calculated as follows: sixty-eight
(68) traffic signs at $250.00 per street sign.
26. STREET LIGHT OPERATION COSTS. The Developer shall be responsible for the cost of
street light installation consistent with a street lighting plan approved by the City. The Developer shall pay
to the City a cash fee in the amount of $5,500.00. The fee is calculated as follows: eleven (11) street
lights at $500.00 per street light.
27. LANDSCAPING. The Developer or lot purchaser shall plant least two (2) trees on every lot
in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or
property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become
a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and
one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall.
The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front
yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees,
sod, and seed shall be planted within sixty (60) days after a home has received a certificate of
occupancy. Before a building permit is issued, a cash escrow per each lot in the plat shall be furnished
the City in accordance with the City’s current fee schedule to guarantee compliance with the landscaping
requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform
the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping
the escrow funds, without interest, less any draw made by the City, shall be returned to the person who
deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease
free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months
from the time of planting. The Developer or property owner is responsible for contacting the City when
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all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be
released when all the landscaping has been installed and inspected by City staff and the remaining fifty
percent (50%) will be released one year after the landscaping inspection and any warranty work has
been completed.
Landscaping shall be installed in accordance with the approved landscape plan. The
Developer shall post a $67,760.00 landscaping security at the time of final plat approval to ensure that
the landscaping is installed in accordance with the approved plan.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the conditions listed in the Findings of Fact approved by the City Council on
August 12, 2024.
B. Before the City signs the final plat, the Developer shall convey Outlots A, B, C, and D to the City
by warranty deed, free and clear of any and all encumbrances, including but not limited to all
Outlots for stormwater basins, wetlands, and wetland buffers.
C. Before the City signs the final plat, the Developer shall convey Outlot E to the owner of Wright
County PID No. 118-321-001120 by warranty deed, free and clear of any and all
encumbrances.
D. Before the City signs the final plat, Outlot F shall be combined with Lot 1, Block 10.
E. All right-of-way dedication shall be subject to review and approval of the City Engineer.
F. All utility plans shall be subject to review and approval of the City Engineer.
G. All grading, drainage, and erosion control plans shall be subject to review and approval by the
City Engineer.
H. All street design and construction plans, street names, lighting, and signs shall be subject to
review and approval of the City Engineer.
I. All easements shall be subject to review and approval of the City Engineer.
J. The Developer shall enter into a temporary turnaround easement with the City in a recordable
form approved by the City at the north terminus of Kaeding Avenue.
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K. The Developer shall enter into a temporary turnaround easement with the City in a recordable
form approved by the City at the north terminus of Kagen Avenue.
L. The Developer shall enter into a private ingress/access easement in a recordable form
approved by the City over a portion of Lot 1, Block 10 allowing the owner of Wright County PID
No. 118-800-0026330 shared access to 70th Street or right-of-way shall be dedicated to allow
such access subject to approval of the City Engineer.
M. Blocks 10-25 of the final plat shall be developed in accordance with the lot requirements,
setbacks, and building plans approved as a PUD Development Stage Plan on April 22, 2024.
N. All accesses for Lots 1-25, Block 10 of the final plat to Kadler Avenue and 70th Street shall
comply with Section 11-21-6.B of the Zoning Ordinance, except as may be approved by the City
Engineer.
O. The Developer shall pay Sewer Availability Charges and Water Availability Charges at the time
of final plat approval in accordance with the City Code.
P. The Developer shall pay Sewer Connection Charges and Water Connection Charges at the
time a building permit is issued in accordance with the City Code.
Q. The Developer shall pay the Stormwater Impact Fee for Otsego Creek at the time of final plat
approval in accordance with City Code.
R. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer's land surveyor certifies that all irons have been set following site
grading and utility and street construction. In addition, the certificate of survey must also
include a certification that all irons for a specific lot have either been found or set prior to the
issuance of a building permit for that lot.
S. The Developer shall pay an escrow for the preparation of record construction drawings and City
base map updating, calculated as follows: The residential fee is $100.00 per acre for a
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residential charge of $3,447.00. The industrial fee is15 lots X $250.00/Lot = $3,750.00. The
total City base map updating fee is $7,197.00
T. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
29. CONSTRUCTION ADMINISTRATION AND FEES FOR CITY SERVICES. 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 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 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 in this Contract), City
Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees
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(a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon
execution of this Agreement), and shall be as stated by the Financial Summary.
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.
30. SECURITY. To ensure compliance with the terms of this Contract, and construction of all
public improvements, and satisfaction of all other obligations, the Developer shall furnish the City with a
cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as
required under this Contract. The security amount shall be one hundred twenty five percent (125%) of the
City Engineer’s estimated cost of all public improvements and/or private improvements required by the
Subdivision Ordinance or Zoning Ordinance. The Developer shall provide an additional security equal to six
and one-half (6.5%) of the estimated cost of the required public and/or private improvements for use by the
City for the purpose of assuming responsibility for design, bidding, and construction administration of the
required improvement in the event of a default by the Developer as provided for by this contract.
The issuer and form of the security (other than cash escrow) shall be subject to City approval in its
reasonable discretion. 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 bank located within fifty (50) miles of the City Hall. The security shall contain an automatic
renewal provision and shall not expire until all the Development is complete and fully and finally accepted by
the City, and all terms of this Contract are satisfied.
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The City may draw down the security, on five (5) business days written notice to the Developer, for
any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end
of the required term. If the required public improvements are not completed at least thirty (30) days prior to
the expiration of the security, the City may also draw it down without notice. If the security is drawn down,
the proceeds shall be used to cure the default.
Upon receipt of proof satisfactory to the City that work has been completed and financial obligations
to the City have been satisfied, with City approval not to be unreasonably withheld or delayed, the security
shall be reduced from time to time in proportion to the work completed, but not below ten percent (10%)
which is the amount of the warranty security. For purposes of this Section, the warranty period shall be a
twelve (12) month period after the applicable work has been completed, except with respect to streets, for
which the warranty period shall be two years as addressed elsewhere in this Contract.
This security amount shall be submitted to the City prior to execution of the Contract. All
administrative and legal fees related to plan review, drafting of this Contract and any other necessary items
shall be paid to the City prior to execution of the Contract. Upon completion of the work contemplated
hereunder and expiration of the warranty period, the remaining security shall be promptly released to
Developer.
31. SUMMARY OF SECURITY REQUIREMENTS. The amount of the security described
above is calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer – Lateral & Trunk $707,279.00
B. Watermain – Lateral & Trunk 1,147,117.00
C. Storm Sewer - Lateral 278,552.00
D. Streets & Sidewalk 1,134,918.00
CONSTRUCTION SUB-TOTAL $3,267,866.00
OTHER COSTS:
A. Engineering & Surveying Construction Services (6.5%) $212,411.29
B. Landscaping 67,760.00
OTHER COSTS SUB-TOTAL $280,171.29
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TOTAL – SUBTOTAL $3,548,037.29
TOTAL IRREVOCABLE LETTER OF CREDIT $4,435,046.61
FOR SECURITY (125% OF SUBTOTAL)
ESCROW
A. City Legal Expenses (Est. 1.0% of $3,267,866.00) $32,678.66
B. City Construction Observation (Est. 8.0% of $3,267,866.00) 261,429.28
C. GIS Data Entry Fee $7,197.00
ESCROW TOTAL $301,304.94
This breakdown is not a restriction on the use of the security.
32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. City Administrative (Est. 1.0% of $3,267,866.00) $32,678.66
B. Trunk Sewer Access Fee (SAC) 516,531.96
C. Trunk Water (WAC) 519,319.68
D. Trunk Storm Water Impact Fee 252,116.15
E. Park And Trail Dedication 441,157.04
F. Wetland, Street & Traffic Control Signs 17,000.00
G. Street Light Operating Fee 5,500.00
TOTAL CASH REQUIREMENTS $1,784,303.49
33. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship, other than as set forth hereafter in
this Section 33, for a period of one (1) year. The warranty period for streets is two (2) years as specified in
this Contract. The warranty period for underground utilities is two (2) years and shall commence following
completion and acceptance by City Council. A minimum of ten percent (10%) of the total security as
specified above in the portion of Section 31 of this Contract shall be retained as warranty security
calculated as follows.
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WARRANTY RETAINAGE
A. Sanitary Sewer $106,091.85.
B. Watermain 172,067.55.
C. Storm Sewer 41,782.80
C. Streets 122,500.00
D. Erosion & Sedimentation Control 31,366.00
TOTAL WARRANTY RETAINAGE FROM LETTER OF CREDIT $473,808.20
The Developer is not required to post this amount separately but rather this amount shall be
retained for warranty purposes from the total security posted according to Section 32 of this Contract until
warranty obligations are satisfied.
34. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
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the Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
35. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
36. MISCELLANEOUS.
A. The Developer represents to the City that 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. If the City determines that the plat 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 demand, the Developer shall cease work until
there is compliance.
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B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In
the event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
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Contract. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the property being final platted and/or has obtained
consents to this Contract, in the form attached hereto, from all parties who have an interest in
the property; that there are no unrecorded interests in the property being final platted; and that
the Developer will indemnify and hold the City harmless for any breach of the foregoing
covenants.
I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
cause to be taken out and maintained until six (6) months after the City has finally accepted
the public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
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• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A
copy of the endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
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City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a
Certificate of Completion and Release.
M. Retaining walls over four feet in height shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built. All retaining
walls must comply with the City’s engineering manual and the City’s zoning ordinance.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 9106 279th Avenue NW, Zimmerman, Minnesota 55398. Notices to the City shall be
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in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified
mail in care of the City Administrator at the following address: Otsego City Hall, 13400 90th Street NE,
Otsego, Minnesota 55330.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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CITY OF OTSEGO
BY: ___________________________________________
Jessica L. Stockamp, Mayor
(SEAL)
AND __________________________________________
Audra Etzel, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2024, by Jessica L. Stockamp and by Audra Etzel, the Mayor and City Clerk of the City of Otsego, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
______________________________________________
NOTARY PUBLIC
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232081v3 Zachman Meadows
DEVELOPER:
BOYD DOLLANSKY LLC
BY: ___________________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2024, by __________________________________ the ____________________________________ of
BOYD DOLLANSKY LLC, a Wisconsin limited liability company.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
DSK/smt
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232081v3 Zachman Meadows
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
SCOTT A. BOYD LIVING TRUST DATED JANUARY 1, 2005 which holds a mortgage executed
by Boyd Dollansky, LLC, a Wisconsin limited liability company, in favor of the SCOTT A. BOYD LIVING
TRUST DATED JANUARY 1, 2005 dated October 25, 2023, filed November 2, 2023 with the Office of
the County Recorder, Wright County, Minnesota, as Document No. A1541716, in the original amount of
$2,618,290.00 and any other amounts which may become due and payable under the terms thereof, on
the subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2024.
SCOTT A. BOYD LIVING TRUST
DATED JANUARY 1, 2005
BY: ___________________________________
Scott A. Boyd, Trustee
STATE OF ______________ )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2024,
by Scott A. Boyd, as Trustee of the Scott A. Boyd Living Trust dated January 1, 2005, on behalf of the
Trust.
_____________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
DSK/smt
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232081v3 Zachman Meadows
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
THE SCOTT A. BOYD 2018 IRREVOCABLE TRUST DATED JUNE 29, 2018 which holds a
mortgage between Boyd Dollansky LLC, a Wisconsin limited liability company, Mortgagor, and The Scott
A. Boyd 2018 Irrevocable Trust dated June 29, 2018, Mortgagee, dated April 30, 2024, filed May 14, 2024
in the office of the County Recorder, Wright County, Minnesota, as Document No. A1552661 on the
subject property, the development of which is governed by the foregoing Development Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2024.
THE SCOTT A. BOYD 2018 IRREVOCABLE TRUST
DATED JUNE 29, 2018
BY: ___________________________________
Jody Matusin, Trustee
STATE OF ______________ )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2024,
by Jody Matusin, as Trustee of the Scott A. Boyd 2018 Irrevocable Trust dated June 29, 2018, on behalf
of the Trust.
_____________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
DSK/smt
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232081v3 Zachman Meadows
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
ZACHMAN MEADOWS
The South 1102.00 feet of the West Half of the Southwest Quarter of Section 26, Township 121, Range
24, lying West of the East 260.75 feet thereof; except for Minnesota Department of Transportation Right-
of-Way Plat No. 86-5, and also except the East 160 feet of the West 1003 feet of the South 612.56 feet
thereof, Wright County, Minnesota.
And
The West Half of the Southwest Quarter of Section 26, Township 121, Range 24, Wright County,
Minnesota lying west of the East 260.75 feet and north of the South 1102.00 feet thereof, Wright County,
Minnesota.
[To be platted as Zachman Meadows, Wright County, Minnesota.]
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[BANK LETTERHEAD]
IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Otsego
City Hall
13400 90th Street NE
Otsego, Minnesota 55330
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____,
of (Name of Bank) ";
b) Be signed by the City Administrator or Finance Director of the City of Otsego.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30,
2_____.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five
(45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers
written notice to the Otsego Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit.
Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty -
five (45) days prior to the next annual renewal date addressed as follows: Otsego Finance Director, Otsego City
Hall, 13400 90th Street NE, Otsego, MN 55330, and is actually received by the Finance Director at least thirty
(30) days prior to the renewal date.
DEMAND(S) FOR PAYMENT MAY ALSO BE MADE BY FACSIMILE TRANSMISSION TO ________ OR
SUCH OTHER FAX NUMBER AS (NAME OF ISSUING BANK) MAY IDENTIFY IN A WRITTEN NOTICE TO
YOU. TO THE EXTENT PRESENTATION IS MADE BY FACSIMILE TRANSMISSION YOU MUST PROVIDE
TELEPHONE NOTIFICATION THEREOF TO (NAME OF ISSUING BANK) AT TELEPHONE NUMBER:
_________ PRIOR TO OR SIMULTANEOUSLY WITH THE SENDING OF SUCH FACSIMILE
TRANSMISSION. HOWEVER, THE ABSENCE OF SUCH TELEPHONE CONFIRMATION AS DESCRIBED
ABOVE DOES NOT AFFECT OUR OBLIGATION TO HONOR SUCH DRAWING, IF SUCH DRAWING IS
OTHERWISE IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS IRREVOCABLE LETTER
OF CREDIT. IF DEMAND FOR PAYMENT IS MADE BY FAX, PRESENTATION OF ORIGINAL
DOCUMENTS IS NOT REQUIRED.
OR
DEMAND(S) FOR PAYMENT TO BE MADE VIA EMAIL TO _______________. PRESENTATION OF
ORIGINAL DOCUMENTS IS NOT REQUIRED.
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232081v3 Zachman Meadows
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred
to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may
be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice
for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
[NAME OF BANK]
BY: ____________________________________
Its ______________________________