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ITEM 6.1 Justen 2nd Additionot �T`go MINNSIGOTA �~ DEPARTMENT INFORMATION Request for City Council Action IN 11111111111111 ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 24JtAly 2013 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht d 6.1 — Justen 2r' Addition .AGENDA ITEM DETAILS City staff recommends approval of the requested preliminary/final plat, approval ofadevelopment agreement and vacation of existing drainage and utility easements for the Jutsen 2,m. Addition. ARE YOU SEEKING APPROVAL orACONTRACT? No. IS A PUBLIC HEARING REQUIRED? Held by Planning Commission 17 June 2013. GTTMZLLC has submitted application for preliminary and final plat approval for atwo lot subdivision located atthe northeast corner ofPackard Avenue and 8omStreet. |naddition tothe subdivision approval, the applicant /s also requesting vacation of existing drainage and utility easements that will be replaced when the proposed final plat |srecorded. The Planning Commission conducted a public hearing at their meeting on 17 June 2013 to consider the applications. Mr. Chad Christian was present as the developer along with Mr. Bill Christian representing Christian Brothers Inc. who will be building the homes on the two proposed lots. Chad Christian indicated that they had no comments regarding the reviews by City staff and agreed with the recommended conditions ofapproval. Bill Christian stated that the homes would likely besplit entry designs based on site conditions with estimated sale values of between $250,000 and $350,000. The meeting was well attended by surrounding property owners who submitted apetition opposing the project. The issues raised as part of the public hearing focused primary that the proposed subdivision and construction of homes would have a negative effect on area drainage impacting adjacent properties. City staff reviewed the extent of the grading plan noting that the soil tests and grading plan have been reviewed by the City Engineer and found to be consistent with City requirements. |twaa noted that a stormvxaterpipe broken byutility installation had caused drainage to pond in yards area but after it was repaired there have been no further issues. Questions were also raised about the ability to subdivide the existing outlot., concerns about additional traffic on Packard Avenue. Unofficial minutes of the Planning Commission's Public Hearing are attached. The Planning Commission discussion focused on the potential drainage issues. City staff was asked to review the certification process for the grading plan when the lots are developed and as the houses are built both under the development contract and building permit requirements. City staff also reviewed for the Planning Commission the purposes for outlots and how they may be platted into lots and blocks for development. Following discussion, the Planning Commission closed the public hearing and voted 5- 0 to recommend approval of the applications subject to the conditions of approval as outlined in the attached findings of fact. SUPPORTING DOCUMENTS; EiATTACHED NONE A. Planning Report dated 13 June 2013 B. Engineering Review dated June 12,,2013 C. Draft Planning Commission meeting minutes of June 17, 2013 D. Draft Development Agreement E. Findings of Fact and Decision F. Resolution 2013-38 approving a development contract G. Resolution 2013-39 vacating existing drainage and utility easements POSSIBLE MOTION Please word motion as you would like it to appear In the minutes. Motion, to approve the Preliminary and Final Plat of the Ju ten 2nd Addition subject to the conditions outlined in the Findings of Fact as presented, adoption Resolution 2013-38 approving the development agreement and adoption of Resolution 2013-39 vacating existing drainage and utility easements. BUDGET INFORMATION FUNDING' BUDGETED: Ei YES NA ci NO ACTION TAKEN ❑APPROVED AS REQUESTED u DENIED Ej TABLED ci OTHER (List changes) -COMMENTS: 3601 Thurston Avenue N, Suite 100 Anoka, MN 66303 Phone: 76x3„2 1.6840 Facsimile: 763.427.05 20 TPC@PlanningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP ISE: Otsego — Justen 2nd Addition; Preliminary/Final Plat REPORT DATE: 13 June 2013 ACTION DATE: 23 July 2013 TPC FILE- 101.02 — 13.02 BACKGROUND GTTV12 LLC has submitted plans to subdivide Outlot A, Justen Addition into two buildable lots. Outlot A is a vacant 3.62 acre parcel located at the northeast corner of Packard Avenue and 88th Street, which was platted in 1999 when the current property owner subdivided it from their single family dwelling to the southeast (Lot 1, Block I Justen Addition). Outlot A and the adjacent single family property are now under separate ownership. The application requires consideration of a preliminary and filial plat as well as vacation of existing drainage and utility easements. A public hearing has been noticed for the Planning Commission meeting on 17 June 2017 to consider the application. Exhibits: A. Site Location B. James Addition Utility/Resubdivision Plan C. Preliminary Plat D. Final Plat ANALYSIS Comprehensive Plan. The subject site is guided by the Comprehensive Plan for low density residential uses within the Long Range Urban Service Area, This area allows for large lot single family residential lots served by on-site septic and well utilities. To mina nize the potential need for future sanitary sewer and water utilities to be extend9d to the Long Range Urban Service Area, the Comprehensive Plan establishes that ally additional subdivision meet one or more of the following criteria - I . The development will result in completion of an unfinished street network. 2. The development will have the result of correcting or improving a demonstrated area drainage problem. 3. The development provides for dedication of lands to a legitimate public purpose. In order to satisfy these criteria, City staff recornmends that a 30 foot wide outlot be platted parallel to the northwest lot line of Lot 1, Block I Justen 2nd Addition extending between Packard Avenue and the exception parcel to the north. This outlot WOLIIJ ke deeded to the City to allow the opportunity for access to the exception parcel to be changed from CSAH 39 to Packard Avenue. Similar outlots were platted with Heril;age Hills for accesses off of Odean Avenue and 8 5.t h Street. This would eliminate a driveway frorn CSAH 39, which is a legitimate public purpose, given the designatioil by the Comprehensive Plan as a Minor Arterial roadway to which direct access is to be prohibited. The option access to Packard Avenue would also address the likelihoo(Ithat the existing driveway from the exception parcel will be made right-in/right-out only VeNell CSAH 39 is upgraded in the future. Zoning, The subject site is zoned R-3, Residential Long Range Urban Service Dislrict. The R-3 District allows for construction of single family dwellings as a permitted use. However, the current outlot designation of the subject site prohibits placement of ani structures until platted as lots/blocks. Surrounding Land Uses, The subject site is surrounded by the following existing and/or planned land uses. The proposed two single family lots will be consistentwitN the character of the existing neighborhood. Direction Land Use Plan Zoning Existing Use North LD Residential R-3 District Single Family East LD Residential R-3 District Single Family West LD Residential R-3 District Single Family South LD Residential R-3 District Single Family James Addition. The subject site (and adjacent single family lot) were originally platted as part of the James Addition in 1989. The James Addition provided for_66100t wide drainage and utility easements along the side and rear lots lines of the subdivis:iGn to allow for future extension of sanitary sewer and water Utilities and the possibility of extending streets to allow subdivision of the one -acre or larger lots into urban sized 110ts. The subject site has a recorded 33 foot easement along a portion of the east lot line not shown on the submitted plans, which must be revised to illustrate the existing easernent. The utility and resubdivision plan for Jarnes Addition does not require arsy additional easements through outlot A to connect to Packard Avenue. 2 Access. The two proposed lots .have frontage to and will be accessed frorn Packard Avenue, which is a paved rural section City street. Traffic generated by the two additional lots will not create capacity or wear issues for this existing street. Lot Requirements. The R-3 District requires a minimum lot area of one acre and minimurn width of 150 feet. The two lots proposed on the preliminary and final plat comply with these requirements. Lot 1, Block I will continue to comply with these requirements after the preliminary and final plat are redrawn to provide the outlot recommended above for access to the exception parcel to the north. We would also not that it would be possible to create a third lot if the north -south lot line between proposed Lot 2, Block 1 Justen 2nd Addition and Lot 1, Block 1 Justen Addition were shifted 15 feet to the east allowing each lot 150 feet of frontage to 88t" Street with the cooperation of the property owners. Setbacks. Setbacks applicable to the preliminary and final plat are shcwn below. Each of theproposed lots has adequate buildable area within the lot area in consideration of the setback requirements. Yard Front Side Rear Wetland Corner Interior Min. Setback aft. aft. I Oft. Soft. 4oft. Utilities. The proposed lots will be served by on-site septic systems and wells. The developer has provided soil, tests for review and designs for septic Systems on each lot will be required to provide both a primary and secondary drainfield site. All utility issues are subject to review and approval by the City Engineer. Grading Plan. The developer has submitted grading information on the preliminary plat illustrating the proposed topography contours for construction 'of a single farnily dwelling upon each lot. The grading plan indicates foundation elevations for each house are above the elevation of Packard Avenue as required by 20-16-9.D of the Zoning Ordinance. All grading, drainage and erosion control issues are subject to review and approval by the City Engineer. Easements. The subject site is overlaid entirely by drainage and utility eas.ernent established when the outlot wasp latted to prohibit any structures from beim placed upon the property and prevent any alteration of the site. With the subdivision of the property into two lots, the existing drainage and utility easement is to be vacated and replaced by drainage and utility easements at the perimeter of each lot in accordance with Section 21-7-15 of the Subdivision Ordinance. The preliminary and final plat must also include the wetland at the southwest corner of the property and the 20 foot wetland buffer required by Section 20-16-9.E of the Zoning Ordinance within a conservation easement. All easements are subject to review and approval by the City Engineer. Park Dedication. The proposed subdivision of the subject site creating two additional buildable lots triggers park dedication requirements in accordance with Section 21-7-18 of the Subdivision Ordinance. The Comprehensive Plan does not establish a park 3 search area including the subject site so park dedication requirements will be satisfied as a cash fee in lieu of land, which is $2,635-00 per lot. - Development CoXtra Gt. The developer is not installing pUbliC iMprovements as part of the proposed subdivision to the provisions required in a development contract will be litinited. The City Attorney will draft the development contract for consideration by the City Council together with the application requiring payment of all fees and escrows, dedication of the recommended outlot and cornpliance with all conditions of approval. RECOMMENDATION The proposed Justin Addition 2nd meet s the intent of the Comprehensive Plan to allow subdivisions within the Long Range Urban Service Area only when a public purpose is accomplished and also complies with the applicable requirements of the Zoning Ordinance and Subdivision Ordinance. our office recommends approval of the applications as set forth below. POSSIBLE ACTIONS Motion to recommend to City Council vacation of existing drainage and utility easements and approval of the Justin 2nd Addition prelirninary/final plat, subject to the following conditions: 1. The preliminary/final plat are revised to address the comments of the City Engineer in their mer of June 12, 2013, subject to approval of the City Engineer. 2. The preliminary and final plat is revised to provide an outlot 30 feet wide parallel to the northwest lot line of Lot `1, Block 1 Justen 2nd Addition and extending frorn Packard Avenue to P I D 118 -Soo -222202, which is to be deeded to the City without restriction. 3. The preliminary/finai plat are revised to depict the 33 foot drainage and utility easement recorded along a portion of the east lot line not shown on the submitted plans. 4. The wetland and wetland buffer required by Section 20-16-9.E of the Zoning Ordinance shall be overlaid by drainage and utility easement and conservation easement. 5. All easements are subject to review and approval of the City Engineer. 6. All grading, drainage and erosion control issues are subject to review and approval by the City Engineer. 2 7. All Utility iSSLies are subject to review and approval of the City Engineer. 8. Park and trail dedication reqUirements shall be satisfied as a cash fee in HeU Of land in accordance with Section 21-7-18 of the Subdivision Ordinance and the City's current fee scheftle. 9. The applicant shall enter into a development agreement with the City subject to review and approval by the City Attorney, C. Lori Johnson, City Administrator Tami Luff: City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Chad Christian, applicant 5 �i��Date Created: 6113/2013Justen 2nd Addition Location C c "Lou �} 1����ti I��j f o�-r;;i � �-a��ji �' <}�-o�}N � �caa+7i�� c�xc-�4 � Dr LO r% V) 1 '01 if, bi Je3 bi 19 21 --j 04*41 0'a'UT I ONVI Ommi VOC41 o4,c5l r PUT-Sil 007cxi 7] bid cl I ON of C) �--A, is CO L___°°- cq zi LOOK 0i - - - - - - 0 w r I q- I- CKTSbZ rr-, 9L I 1 1 I I 1 14 cr- LO A I �V4 7 tip 01 UD F a CA t 1 4 tjLk: i _--R - WL vib 7 Casa PA z 7- i to 'pp z VNI, A I o co cj � kq r b6i_ V _7,- V 1 , F CK Fj X4. LL:U. 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EBF OULEWC FVGTPR97. fxLJ4 G`2- I Nl AHO LOir�f G '�G 11ki1 t 8 DETF] ilaNt D BY T7 . M1I#fG4 AT ME � A00 Fiat h . h ler+'r ss 44 a,,d � a7� %f iFsar arld MOO Fe skJtk f*Jr ritJ41F. r a Fa onaF ME OF STRUCrJOH- NO EJ'AiN4TOPX WXL BE CCAIPLE ED trl?47X EJ4" 04061DUJLL HOUSE M CONSTRUCTED HOLME C0NSTA4XT*M DUST MiFCRU edr�Jt� strata# f"1-6f-Wlr XF+e' Of *?Wv" TO ALL RECOMMENUATMS OF aADE74DYDErT 7ESTM 7ECf COVS, REPORT OF G'EOTEC1 L MVST)GATK 3 DATED JtY&- 5. 201,, \- VICINITY MAP O 9000 2000 Juvo C i7I 5CAL E RV F= r, 1 41 -f4' 1 (9fJ7ki Sy' ff•&) 41 PREE-IMBVARY PLAT OF ,icer '1- SECON-0 ADDITION pgopuuy- &-oWt & JUSTE AVOnX #l, ccconVrq is the recorded prat thtre f. lYr 212 COLMIty, )<+ -IneJr3ta, PiDI_ i t 2--06 1-[Iowf o &U cwjsjum cis nAN a omits ANO FEkiODELERS WC - 209&0 ROGERS VMVE. $LAE COO fiA kN. 3b374 fogap gly DiSfdfJ9s 12145 TUCKER JRO KN>5: ►2 $ iJJ+i 55374 VLY"-RO"LW tJ+ND sICES 708 1ST AM&E N& SLUE jt Bllf'-rAM WN 3•S3 tJ Tot�Parcar J.82 Acres Lot 1; t.70 Lot 2 t, 92 lrf',nkrnum Lat Mea: 1 Acre I nn'rvm Lot width: (fnierfar I30 fast tcvrref 07S fe-vt Wnsirrsvm Lct Oepih. 100 fast Structs era _ LEntmiwn Se f bcw-kg: FroaL (r*M s-rrett dr ctd-de-ea: right of wcy)c 35 Iaet SkN; 10 feel Rda+r. 20 feet Ar -cord nq to MFP M -ad kupLIronce 9•31e 1Jap. Co,�ty-tPonW M_arltFer~ 270747 0002 A (Rrrfas4 Sp Comber 30 1592). tl-.Ls property Fee rn Ions X (oraos d4termLmad to W "31 -de tha 500 -2 -ear P-44 h). Ail exdroll-~ Vv and wfi%*fy oost rsants ovae t7AW A, vkhkh Irer# dadcnte"d fn !+''te Mle of Aw" }100MOf"f oro JUSTN A,ODr77 M ehoff ba rioted by the OV of Otsego p4Lv to the r r&rj of JUS" SECOND The dr-ok+gge ar�d u ��aarn�rliy wm #�-Irrea�rl w�I t.e dedceled h the pts# of �JS7t7't $EC�}d�Q yD�7?OF� C 50 100 1.50 GRAPW SCALF AN M7 o DENOTES IRON MONUMENT SET • DENOTES IRON MONUMENT F -OU O I hereby cerVy tflot 04 survayr plan, or report oras prepdred by role ar Larder my +d�ect sup•er%iskn a-nd that i om a Ltcvlsad t_"d 5urrrsyror udder the Falea of this State of Mnnesahs. clo lm Trace C. McCoy i kense No. 44531 RCIRFIfe-EST CC-A.iEA 0- TIHF- 11 r'1 2/4 OF T1F t11__SECV0N 22. T. 12J. ft. 23. irOUND ?0rcZ_%4r CCkrwy CAST-j.qCN 1L*Cn1jt1,D1J) KNO,'? ALL MEN F)Y 1HESC PRESENTS: That — — — — — — — — — — — — — — T._, fee Owner of the ta(lo,'-Ing '�� I dr-5cr;oed properly silucted in the County of Wrighl, Stat of Minnesota, �o waif: L Gullet A. JUSTEN ADDITI011, according to 1 �4_j p'�p la I liereof on fife arid of record in the office of the County Recorder in ond­f -M�r;qhl County, Minnesoto. flare coused the _-;oma to be surveyed arid ,g��el,os JUS71W SECOND AMMON and do hL5reby ��-�" -_ _ _ _ _ 4t _ _ y* _� _ :� donate orad decir.cale to the puWrc for puVic #_e' forever the drc;nage and utility easements .05 w shon on(hr;s plot for droinoge and *% LdQ1 k7N',PLVPQSeS Only. L L I 4 I IV -10 U F 0 rf VA WV4PI T L -j55- 50 - - .--...TR LE-, it, T or. t - P .,.%0 F, -1 A F. .4 fT-- A r_1% 1--% %.,I V I L 4r__1 L -.f L_a I 1 I f I N, CCS NV? 0-F WE Urd F/4 rf IX sEcnCW4 22 T- J22. R. 23 frow�o Awv-�, ai citp ocultiociiF Ar ACAD -WaFACE) K, 15,-Oo/ 0 60 1:50 C-PAPHiC SCALF I&I FEET a DENOTES IRO )JONW4EW YOU140 0 DENOTES IRON HWJUPENTS SST AND MARKED BY LICENSE NO. 4,4531 F04R T14E PURPOSES OF THIS FLAT, 7HE MFST LINE OF ME MV f14 0;;' SECTION 22, T. 121, R 23. IS ASSUMED TO BEAR S 00-06'34- C VfCnC;& LA_ Re)v 5LCP3 feel 41 h -HO. P-4-,'oss cV-&--t4e ildr­-01.4 AJ dd>hi�q 1.21 FYF&S. ald 10C-7 AF01 ;-I k*-Jfh, UAI*So tthffPwr'jF0 jhdkaje4 C -'ICF 01J341hg r;g_5 [ - 0 t- 1woy hae 2 C;r :AS Frn qV" I % V pla f. VICINITY MAP SECPOIJ 22. _r. )21. R4 23, ti RIC -10 COW4TY, 1.14-4 0 1000 2009 J000 GRAMC SCM.E W FEE F ROTH STREE11 Iva 10T" 13711 ET AIEJ A I T) f S TR Gr Ng Ca K W #i71# a rfif�r; r to cz U 05711 z;S TFL cz-: rT 4 in witness ohereof said has hereunto set — — — hand this day of 20—. V N, ir (Fee Owner) State of Couril .y of eY I%\ The fonagvl instrument svos ucknowledgad before me this day of 20 . b (florae Printed) (Signolure) Nof,,ry P.blic. County, Afinrpesola 14y Cornroissfun Expivcs, I hereby certify thol I hove surveyed and ploMd or directly supervised the survqy;no and pfalfTng of the land described on this plat os JUSTEI'l SECOND Ate T1011; Ws plat Is a correct represeritali'an cif the boundary survey: all malhernolicaf data and labots are correctly dc-signCled; aft monuments depicted on the plot have been or wil) be correctly set wilh;n one year; all voter boundaries and r e# lands as of this date, as defpnea in PJS 505.01, Subd, 3, are shown and fohel&d; and aY pWirz ways are shoksr, and lobe eel, Trace C. McCoy. Land Surveyof Minnesoia License No. 4453; slafe of Uinnosoto Counly of Wright The foregoing surveyor's certificate was ack"o.-..1edqi!d before me this dby of 20 by grace C. McCoy, Lond 5ur-veyDr, 1.Iinae5vfa Liccnse No. 44531- (Narne Printed) (5igncture) Notary PubFic. ' Covn(y, Minnesota My CcrnmTssion Expires CITY COWXIL This p!aj of JUSTEtJ SECOND ADDIVON was approved rind accepter) by the City CounCif rf the City of 01sego, Minnnsofa, of e meeting held ih;s (joy of t.iayor City Clerk COUNTY 5URVEYOR Heviaived end opproved W5 — day 01 20 fight Counly Surveyor CGUNTY AUDirOR Taxes gold for all yaors thr"gh year _. and Ironsfer entered this day or 4 20 Wright Counly Auditor COUNTY TREASURE;R f hereby certify trot luxes payable in 1he year on fonds herein dasceibed are Paid this clay of 2Q_. tit County Ircesurer COUNTY RECORDER I hereby ceir(;4, thul IhFs Fnstrament meas tiled in the office of 1he Ccunly Recorder for record on thi's — day of 2CL_ 01 --o'clock M., and 11.0!; dv6, recorded ;n cobr'nef . as oocumcnt h1o. - County Recorder, Vlr;ght Count),, Alinnesola F1 -P IS C% O CS 4n to C.L C KNO,'? ALL MEN F)Y 1HESC PRESENTS: That — — — — — — — — — — — — — — T._, fee Owner of the ta(lo,'-Ing '�� I dr-5cr;oed properly silucted in the County of Wrighl, Stat of Minnesota, �o waif: L Gullet A. JUSTEN ADDITI011, according to 1 �4_j p'�p la I liereof on fife arid of record in the office of the County Recorder in ond­f -M�r;qhl County, Minnesoto. flare coused the _-;oma to be surveyed arid ,g��el,os JUS71W SECOND AMMON and do hL5reby ��-�" -_ _ _ _ _ 4t _ _ y* _� _ :� donate orad decir.cale to the puWrc for puVic #_e' forever the drc;nage and utility easements .05 w shon on(hr;s plot for droinoge and *% LdQ1 k7N',PLVPQSeS Only. L L I 4 I IV -10 U F 0 rf VA WV4PI T L -j55- 50 - - .--...TR LE-, it, T or. t - P .,.%0 F, -1 A F. .4 fT-- A r_1% 1--% %.,I V I L 4r__1 L -.f L_a I 1 I f I N, CCS NV? 0-F WE Urd F/4 rf IX sEcnCW4 22 T- J22. R. 23 frow�o Awv-�, ai citp ocultiociiF Ar ACAD -WaFACE) K, 15,-Oo/ 0 60 1:50 C-PAPHiC SCALF I&I FEET a DENOTES IRO )JONW4EW YOU140 0 DENOTES IRON HWJUPENTS SST AND MARKED BY LICENSE NO. 4,4531 F04R T14E PURPOSES OF THIS FLAT, 7HE MFST LINE OF ME MV f14 0;;' SECTION 22, T. 121, R 23. IS ASSUMED TO BEAR S 00-06'34- C VfCnC;& LA_ Re)v 5LCP3 feel 41 h -HO. P-4-,'oss cV-&--t4e ildr­-01.4 AJ dd>hi�q 1.21 FYF&S. ald 10C-7 AF01 ;-I k*-Jfh, UAI*So tthffPwr'jF0 jhdkaje4 C -'ICF 01J341hg r;g_5 [ - 0 t- 1woy hae 2 C;r :AS Frn qV" I % V pla f. VICINITY MAP SECPOIJ 22. _r. )21. R4 23, ti RIC -10 COW4TY, 1.14-4 0 1000 2009 J000 GRAMC SCM.E W FEE F ROTH STREE11 Iva 10T" 13711 ET AIEJ A I T) f S TR Gr Ng Ca K W #i71# a rfif�r; r to cz U 05711 z;S TFL cz-: rT 4 in witness ohereof said has hereunto set — — — hand this day of 20—. V N, ir (Fee Owner) State of Couril .y of eY I%\ The fonagvl instrument svos ucknowledgad before me this day of 20 . b (florae Printed) (Signolure) Nof,,ry P.blic. County, Afinrpesola 14y Cornroissfun Expivcs, I hereby certify thol I hove surveyed and ploMd or directly supervised the survqy;no and pfalfTng of the land described on this plat os JUSTEI'l SECOND Ate T1011; Ws plat Is a correct represeritali'an cif the boundary survey: all malhernolicaf data and labots are correctly dc-signCled; aft monuments depicted on the plot have been or wil) be correctly set wilh;n one year; all voter boundaries and r e# lands as of this date, as defpnea in PJS 505.01, Subd, 3, are shown and fohel&d; and aY pWirz ways are shoksr, and lobe eel, Trace C. McCoy. Land Surveyof Minnesoia License No. 4453; slafe of Uinnosoto Counly of Wright The foregoing surveyor's certificate was ack"o.-..1edqi!d before me this dby of 20 by grace C. McCoy, Lond 5ur-veyDr, 1.Iinae5vfa Liccnse No. 44531- (Narne Printed) (5igncture) Notary PubFic. ' Covn(y, Minnesota My CcrnmTssion Expires CITY COWXIL This p!aj of JUSTEtJ SECOND ADDIVON was approved rind accepter) by the City CounCif rf the City of 01sego, Minnnsofa, of e meeting held ih;s (joy of t.iayor City Clerk COUNTY 5URVEYOR Heviaived end opproved W5 — day 01 20 fight Counly Surveyor CGUNTY AUDirOR Taxes gold for all yaors thr"gh year _. and Ironsfer entered this day or 4 20 Wright Counly Auditor COUNTY TREASURE;R f hereby certify trot luxes payable in 1he year on fonds herein dasceibed are Paid this clay of 2Q_. tit County Ircesurer COUNTY RECORDER I hereby ceir(;4, thul IhFs Fnstrament meas tiled in the office of 1he Ccunly Recorder for record on thi's — day of 2CL_ 01 --o'clock M., and 11.0!; dv6, recorded ;n cobr'nef . as oocumcnt h1o. - County Recorder, Vlr;ght Count),, Alinnesola Halcanson Anderson 11ilAssoc.,inc. 16 3601 Thurston Avenue, Anoka, NIN 55303 Phone: 763/427-5860 Fax- 763/427-0520 MEMORANDUM TOO.9 Honoi-able Mayor and City Council CC: Lori Johnson, City Adiiiiiiistratoi- Taini Loff, City Clerk Dan Licht, AICP, City Plannei- Andy MacArthur, City Attorney Ronald Wagnet-, P.E. City Engincei- Bill Christian, Cht-intian Builders and Remodelers, lite. Meyei--Rolilin Land Services FROM* Brent Larson, P.E., Assistant City Engineer DATE: June 12, 2013 (RXi VISED 6/20/13) Imo* Jus ten S e c o n d Addition — P reli in in a i-y/Final Pla t Review We have reviewed the Preliminary and Final Plat, dated 6/10/13, for the above referenced subdivision. The submitted plat is to be considered for preliminary and filial acceptance and therefore must meet all requirements pertaining to preliminary and final submittals. Additional information has been obtained with regards to questions raised at the Planning Commission. A Wetland Delineation Report and a Soil Boring & Preliminary Septic Evaluation Report for the proposed Plat have been received. We have also contacted Independent Testing Technologies ' , Inc. regarding to clarify the existing ground water elevations. The original Engineering review has been revised as this new information has been received. With this in consideration and recognizing that this is essentially a lot split only, and no public improvenientsare proposed at this time, we would offer the following comments: Preliminary Plat 1. The James Addition and Risten Addition plats both depict a 33' wide drainage and utility easement along the east side of the property which does not show up on the Justen 2nd Addition plat (see attach inents). This easenient is' intended for a potential street needed to subdivide of existing lots in the ftiftire. We recommend that this easement remain and not be abandoned. It has been proposed that the cleanest way to vacate the easement would be to vacate all easements on Outlot A. Then dedicate new easements in the plat of JUST EN SECOND ADI T1 2. The proposed water system locations must be shown. 3. The proposed septic system and back-up system locations must be shown either in a separate drawing or on the preliminary plat. The Septic Evaltiation Report provides this information. C:\Users\Tanii\AppData\Local\ilvlici-osoft\Witido%vs\Teiiiporary Internet Files\Coiiteiit.Otittook\K4X23YMO\ot2500 Justen 2nd rl (revised).doe 4. The low floor elevations are at or above the minimum elevations reconamended in the geotecluiical rep ort by Independent Testi ng Tecluio lo gi e s, Inc. (ITT) dated June 5, 2 0 13 � As previ o u s I y mentioned, we have contacted ITT regarding what elevation they found the ground Nvater to b(:,,, at. They explained that their drilling Crew started drilling In the wrona spot near the northwest corner of the intersection of Packard Avenue and 88'11 Street. The stated that they did encounter water approximately two feet below thesurficice in this area. But since this Nvasn't the area that they Nvere SUPPosed to be doing the soil borings in this information was not relevant to the soils report. They confirmed that the ground water depths of approximately 6.5 feet and 7 feet below the surface at approximate elevation 864) shown in the report are correct. The 6 additional soil borincys done with the Septic Evaluation also showed the ground water to be at an approximately elevation of 8611, 5. The wetland in the southwest corner of Lot 2., Block I shall have a protective, buffer of natural vegetation at least twenty (20) feet wide from the delineated edge at the time of development shall surround all wetlands within parcels preliminary plat. The buffer shall be overlaid by'a conservation easement and marked by pernianent signs to prevent encroachment. 6. A principal building setback of forty (40) feet from the delineated edge of all wetlands or twenty (20) feet from the edge of a buffer easement, whichever is greater, shall be, provided. 7. A statement certifying the enviromnental conditions of the site is required. 8. A shallow basin may be required to treat the rL1110ff equal to two 100 yr back-to-back storms (as there is no outlet) of the new impervious area. This Nvould most likely be an infiltration basin based on the soils described in the geotecluiical report. This basin should bellaced in the southern portion of Lot 2, Block I and be covered by a drainage and utility easement. The basin would overflow to the wetland in the Northeast corner of Packard Avenue and 88"' Street. This basin and drainage easement would also allow the storniwater runoff ftom the adjacent property to the east, to continue to flow to the west without fear of being blocked in the future. Fin,al Plat I . See above comments 1, 5 and 6. 2. ROW shall be rounded at intersections (10' radius) to allow for utility installation. Stuninar and/or Recommendation We recommend approval contingent on the above comments being addressed. kanson Anderson C:\Users\Tai-ni\AppData\Local�Microsoft\Wiiido�Nrs\Teiiil)oi-ary Internet FilesTontent.0atki i7H Assoc,Ire . rvNvl (revised).doe OTSE GO PLANNING COMMISSION MEETING OTSEGO CITY HALL June 17, 2013 .7:00 PM (UNOFFICIAL) Call to Or Chair Black ca the meeting to order at 7:00 PM, Roll Call - : Chair Pam R ck; Commissioners: David Thompson, ichard Nichols, Tammie Fallon, Brian Gerten an eather Eidem. Absent: Aaron Stritesky and Jim Kolles. City Council: CM Vern Hei Staff: Daniel Licht, City Planner; and Tauri Loff, City Clerk. 1. Consider the following minute. 1.1 March 4, 2013 Planninq minute. owission Meetin Commissioner Thompson motioned to Nk rove as written. Seconded by C Commissioner Nichols. All in favor. Motio arried. .Public Hearing items: 2.1 Justen 2nd Addition: Nss�b A, Preliminary and Final Plat, B. Vacation of Drainaw-Easernent, City Planner Licht presented the Planning Report. Applicant Chad Christian, 7193 NE River Road, and Bill Christian from Christian Builders were present and agreed with City staff report. City Clerk Leff attested all the proper noticing,, posting and publishing has been completed. Chair Black opened the Public Hearing at 7:09 PM. Ken Paige, 15108 8W�' Street, said he is the adjoining property and there have been a lot of drainage issues in the past he is concerned with drainage with this project. Mr. Paige also stated he was told the property could not be subdivided and can't build on. He said he spoke with a driller that hit water at 2-4 feet below the surface. Mr. Paige submitted to the City Clerk a petition signed by residents against the project. Dean Lowe, 8957 Packard Avenue NE, his understanding was there would be no building on this lot. Steve Schuck, 15170 88t" Street NE, said it is understanding the property could not be subdivided and that outlots were prohibited from building citing language in the Subdivision Ordinance, He said his sister tried to subdivide the lot to the south of this Planning Commission Minutes — June 17, 2013 (UNOFFICIAL) Page 2 site and was told no subdivision would be allowed. Mr. Schuck said he has concern with the drainage and where it will go. Cory Vue, 8809 Packard Avenue NE, is concerned with the drainage and spoke of a stink hole in the street at the intersection of Packard Avenue and 88'hStreet as a' safety concern. Debbie Lowe, 8957 Packard Avenue NE,, is concerned with the additional traffic and signage. Chair Black asked what type of sign the City posts for dead end streets and if a a "No Outlet"' sign would be possible. City Planner Licht said the City has adopted the uniform traffic sign manual but has discussed other options for a dead end signs such as those mounted on top of the street name signs. Joe Campbell, 8738 Packard Avenue NE, brought pictures of the drainage issue in back yard from previous years that has now been fixed but he has concern for additional drainage issue. The Planning Commissioner asked if there was any water issue now. Mr. Campbell said no. Danny Fietek, 15117 87th Street NE, said he has a water concern and stated he thought the property could not be subdivided. Mr. Fietek asked if the residents would be required to subdivide if sewer and grater was available. City Planner Licht said right now the City is only considering the subdivision of this property and that the City has no plans for sewer and water in that area in accordance with the Current Comprehensive Plan, Commissioner Nichols asked what had been fixed in this area regarding stormwater. City Planner Licht said there was a breakage in a stormwater pipe at the intersection that the Public Works Department repaired. Commissioner Nichols asked with the grading plan is anything going to be moved around other that the houses pad. City Planner Licht said that the only grading will occur at the house pads, There was discussion on easement and access. Commissioner Thompson asked the builder if the houses will be raised. Mr. Bill Christian said that the houses will most likely be split entry designs that doesn't require a lot of fill. Dean Lowe, 8957 Packard Avenue NE, said the current trees are taking up the stormwater runoff and he is concerned about their with removal. Ken Paige,, 15108 W Street,, asked if they are changing the elevation of the site. City Planner Licht said just in the area of the building pad. Planning Commission Minutes — June 17, 2013 (UNOFFICIAL) Page 3 Cory Vue, 8809 Packard Avenue NE, stated his safety concern again regarding the sink holes that acquired a couple years ago and how long it took to get fixed. City Planner Licht said the City Council has directed the Public Works Department in the future to contract if needed to get it resolved as quickly as possible, Applicant Chad Christian said both proposed lots are over acre which means there should be little impact to stormwater drainage and that he plans on keeping as many trees as possible. Chair Black closed the Public Hearing at 7:41 PMR Commissioner Gerten asked what the Planning Commission needed to do regarding the petition that was submitted. City Planner Licht said that the Planning Commission may take it into consideration in making a recommendation to the City Council, it is entered into the record but no additional action needs to be taken regarding it. Commissioner Gerten asked about requiring an escrow to guarantee compliance with the grading plan. City Planner Licht said the City requires an escrow for completion of the grading plan as part of the development contract and once the grading is complete and has been certified by the City Engineer the escrow is then released, Commissioner Nichols asked about the outlot status on these parcels. City Planner Licht established in 1999 when the then owner of the house at the southeast corner of the site subdivided the property into a one acre lot and Outlot A. Commissioner Fallon asked at the end of the project will it have to be inspected. City Planner Licht said that a certified survey is requi'r-ed to be provided at the time each house is completed to ensure compliance with the approved grading plan. Commissioner Gerten motioned to recommend to the City Council vacation of existing drainage and utility easement and approval of the Justin 2"d Addition prelim inary/final plat, subject to the nine requirements listed in the Planners Report, Seconded by Commissioner Fallon. All in favor. Motion carried,, CM Heidner requested the City Engineer follow up prior to the City Council meeting regarding the issues raised regarding the soil test and the culvert issue as part of the public hearing. 3. Zoning Ordinance u. e tI City Planner Licht presented t lanning Report. Commissioner Thompson review e is list of items; livable structures,, easement j between p rope rties/pla 'plantings, tonna helters or safe rooms for townhouses and DEVELOPMENT AGRE E1 NT JUST EN SECOND ADDITION AGRI UMENT entered into this day of June, 2013 behveen the City of Otsego ("City"), a municipal corporation organized tinder the laws of the State of Minnesota, and GITM2, LLC, a Minnesota Limited Liability Company ("Developer"). Request for Plat Approval. The Developer has requested that the City approve ta plat entitled JUSTEN SECOND ADDITION (referred to in this Agreement as "the Plat") and legally described as follows: Outlot A. JUSTEN ADDITION, according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota. The plat contains two (2) single family residential lots and one outlot. The plat is zoned R- 3. Residential Long Range Urban Sei-vice District as approved by Ordinance adopted by the City Council on October 11, 1999. 2. Conditions of Plat Approval, The City hereby approves the plat on condition that the Developer enter into this Agreement, ftirnish the security required by it, and record the Plat with the Wright County Recorder or Registrar of Titles within one hundred (100) days after the City Council approves the final plat. The Developer shall cooperate with the City in recording the Plat and all required additional deeds and documents and providing assurance that the Plat and all required documents have been properly and timely recorded. Any restrictive covenants for the Plat shall be submitted to the City Attorney for approval and shall be recorded prior to sale of any lots within the Plat. 3. Right to Pimoceed. Within the Plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) the Plat and this Agreement have been recorded with the Wright County Recorder's Office, 4) The Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fiffly complied with all conditions set forth by City staff. 4. Changes in Official Controls. JUSTEN SECOND ADDITION is a planned rind staged development within the meaning of Mimi. Stat. 462.358, , Subd. 3cand no at end; to the City's Comprehensive Plan or other Official Controls shall apply to or affect the use, development density, lot size, lot layout, or platting requirements for ftiture phases of JUSTEN SECOND ADDITION for a period of five (5) years. Thereafter, notwithstanding anything in this Agreement to the contrary, to the ftill extent permitted by State law, the City may require compliance with any amendsretsto the City's Comprehensive Plan, other Official Controls enacted after the date of this Agreement. This provision does not apply to regulations or Official Controls related to park and trail dedication or any fee established by the City chargeable to the Developer for municipal costs arising from said fidure phases. 5. Development Plans. The Plat shall be developed in accordance with the plans on file at the office of the City Clerk and the conditions stated below. If the plans val-Y from the written term s of this Agreement, the written tern s shall control. The plans are: Plan A Final Plat, JUSTN SECOND ADDITION, dated 2013 Prepared by Meyer- Rohlin Land Services. Plan B Grading, Drainage, and Erosion Control Plan prepared by Meyer- Rohlin Land Set -vices and as finally approved by the City Engineer. Plan C Construction Plans for JUSTEN SECOND ADDITION, prepated by Meyer-Rohlin Land Services and as finally approved by the City Engineer. Plan D Specifications for YUSTEN SECOND ADDITION, prepared by Meyer- Rohlin Land Services and as finally approved by the City Engineer. 6. Improvements. The Developer shall install and/or pay for the following: A. Site grading and ponding B. Underground installation of all utilities C. Storm water management improvements D. Setting of lot and block monuments E. Construction surveying and staking Improvements shall be installed in accordance with City standards, the City Code, and the above -referenced plans that have been famished to the City and approved by the City Engineer. The Developer shall obtain all necessary pennits before proceeding with construction. The City shall provide adequate field inspection persoiuiel. to assure acceptable quality control, which will allow certification of the constrUction work. The City inay, when reasonably required to do so, and at the Developer's expense, have one (1) or more City inspectors and a qualified engineer inspect the work. Within thirty (3 0) days after the completion of the improvements and before all retained security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" and an electronic file of the "as constructed" plans in. AutoCAD.DWG file or a DXF file, all prepared in accordance with City standards. Before the security for the completion of utilities is fully released, iron monuments shall be installed in accordance with Mimiesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City ceilifying that the monuments are installed following site grading, utility and street consti-Lietion. 7. Contractors/Subcontractors. City Council members, City employees, and City Plaimiing Con Fission n-iembers, and corporations, partnerships and other entities in which such individuals have greater than a twenty five percent (25%) ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 7 above. 8. Permits. The Developer shall obtain or requite its contractors and subcontractors to obtain all necessary permits, which may include, but are not limited to. Wright County for County Road access and or in County right of way. B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Mimiesota. Department of Health for watermaills E. MPC A NPDES Permit for construction activity F. MPC A for sanitary sewer and hazardous material removal and disposal G. DNR for dewatering H. City of Otsego for building permits 1. City of Otsego for sanitary sewer coluiections J. City of Otsego for retaining walls 9. Deivateiing. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable County, State, and Federal rules and regulations. DNR regulations regarding appropriations permits shall be strictly followed, 10. Three of Performance. The Developer shall install all listed improvements by D ec emb er 3 1, 20 13. The Developer may re quest an extension of time from the City to be submitted in writing to the City Clerk, for which said extension shall be conditioned upon updating the security posted by Developer to reflect cost increases and the extended completion date. Final wear course placement outside of the above time, fraine must lave the written approval of the City Engineer. The City may impose additional conditions on the extension necessary to ensure performance. 11. Right of Entryt The Developer hereby grants to the City, its agents, employees, officers and contractors an irrevocable right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developer or the City, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the developer fifteen (15) business days notice stating the deficiencies and necessaiT corrections prior to making any corrective action. Said right of enti-Y shall continue until the City finally accepts the improvements and any applicable warranty period has expired. 12. Erosion Control. Prior to initiating site grading, and before any utility construction is coniaiienced or ffirther building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require fell implementation of the erosion control plan prior to utility COEStrUCtion or issuance of certain building permits, he shall state in writing what construction can. take place and what particular building permits, can be issued prior to fall implementation. The City may impose additional erosion control requiren-ients if, in the opinion of the City Engineer, they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forth Nvith after the completion of the work, in that area. If the Developer does not comply with the erosion control plan and schedule or any stipplenlentary instructions, the City inay, with reasonable notice, take action- as it deems appropriate. 13. Grading Plan. Plat grading shall be in accordance with the approved grading plan, Plan B. The plan shall conform to City specifications and the City Code. Ponds, swat es, and ditches shall be constructed on public casements or land owned by the City. Within thirty (30) days after completion of grading and before any retained security is Rilly released, the Developer shall provide the City with an "as built" grading plan including Certification by a registered land surveyor or qualifted engineer that all pends, swates, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: A. Cross sections of ponds B. Location and elevations of swales and ditches C. Lot corkers and house pads Occupancy permits shall not be issued by the Building Official until the grading and drainage plan is certified as set forth above. 14. Clean Up. The Developer shall promptly clean any and all dirt and debris froni streets and constmetion sites in accordance with the City Code resulting from constr-uction work by the Developer, its agents or assigns. 15. Ownership of Improvements. Upon acceptance by the City Council of the work and construction required by this Agreement, improvements lying within public easements and public fight -of -way shall become City propert)r without ffirther notice or action. 16 SeNvage Treatment and Water- Service, No occupancy permit for any building within the plat will be issued by the City until an approved septic system and approved well has been installed on an individual lot. 1 17. Administrati've Fee. A fee for City Administration of this project shall be paid prior to the City executing the plat and this Agreement. Said fee shall be one percent l%of the estimated construction costs of the improvements within the plat, or alternatively a minit-num fee, The administrative fee for this Plat is a inininium fee of $500.00 and is contained within the escrow and fees established in Paragraph 19 of this Agreement. Thisfee is inin-iediately available to the City upon establisluiient of the escrow. 18. Park and Trail Dedication. The City Park and Trail fee for this Plat is $2,635.00 per lot or $ 5,270.00. The fee is included in the escrow established in Paragraph 19 of this Agreement. 19, City Engineering Administration and Construction ObseiWation, Legal Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering administration. City 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 estimated to be three percent (3%) of the estimated construction cost of the finprovements to be inspected, assuming norinal construction and project scheduling. The Developer shall pay for construction observation performed by the City Engineer. Construction observation shall include part or ftill tinic obsei-vatioll, as deter -mined by the City Engineer, of proposed street, sanitary sewer, water and stoma drainage construction and will be billed on hourly rates actually required for said inspection estimated to be five percent (5%) of the estimated constiliction 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 overrLI11S for engineering administration and observation services. The escrow and fee account shall also include estimated fees for Legal expenses actually 'incurred, City Administrative Fee (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreen-rent ) and shall be established as follows: ESCROW AND FEES 1,500.00 City Engineering Review Services (estimated, actual billings to be paid) Legal Fees (estimated, actual billings to be paid) 15500.00 City Administrative (flat minimum fee) $ 500*00 Park & Trail Fee ($2,635.00 per lot) $ 53270.00 TOTAL S 8J70,00 This escrow amount shall be submitted to the City prior to the City executing the Plat and 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 the Plat and this Agreement. Any amounts for legal and engineering not utilized from this escrow find 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 ii -D -mediately for City use when posted. 20. Security. To ensure compliance with the terms of this Agreement, and construction of all public improvenients, the Developer shall furnish the City with a cash escrow or other "security" in the amount of: no Security is reqWred since no public improvements are being installed. 21. Landscaping. The Developer shall install two (2) trees upon each lot within the Plat of a species approved by the Zoning Adininistrator. These plantings may not be installed in a public right-of-way. Any security posted for this agreement or prior additions inay be used to cure any defects in the event that the Developer, it assigns or successors fails to install landscaping according to this Agreement. Landscaping security to insure compliance with the approved Landscape Plan shall be $1,000 per lot to posted with the City at the time of app I ication for a bwilding permit on each lot. Any trees Which can cause a public nuisance or public hazard, such as bug infestation or weak bark, are specifically prohibited. The Developer, Builders or Property Owners (applicant for building permit) in the residential lot area shall sod all front yards within the buildable -poi lion of each lot and shall post any security required by the City to assure landscaping or other itellis in compliance with the City Code. The Developer, Builder or Property Owner shall provide not less than six (6) inches of topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie in excess of ten (1 0) percent, sodding (staked) Shall be required. Weather permitting, the trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All grass seed shall be maintained so that t-tirf is established within one (1) year of planting. If landscaping as required by the City Code and this Agreement is not timely completed, the City may enter the lot or lots, perform the work, and apply ally posted security toward the cost. The Developer, it assigns or successors, Builder or Property Owner will provide will provide all trees, grass, seed and sod within the Plat and shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. 22, Significant Trees, There are no significant trees within the Plat. The Developer is not rcquired to replace any significant trees. 23. Outlot A. Developer shall transfer Outlot A to the City at the time of recording the Plat for purposes of establishing a ffiture access to Packard Avenue rather than CSAF1 39 for the Exception Parcel to the Noilh. 24. Claims. The Developer shall pay any subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services provided by the subcontractor. In the event that the City receives claims from labor, materialmen, or others that perforin work required by this Agreement, and the sunis clue thein have not been paid, and the laborers, inaterialn-ien or others are seeking payment fron'i the City, the Developer hereby authorizes the City to cotmiience an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the Distriot Courts, to draw upon the letters of credit in an amount up to one hundred twenty-five percent (125%) of the claim (s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release3 discharge, and disiniss the City from any ffirther proceedings as it pertains to the letters of credit deposited with the District Court, except that the Cour t shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above., they shall inmediatelynotify the City of this intent at the time the claim is made and shall delivery one hundred twenty-five percent (125%) of the clain-1 to the City within ten (10) days of such notice in the form of cash or ceilified. clieck. 25. Restrictions. The following restrictions apply to the property and all lots thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall rain with the real property and be binding on all parties having a right, title or interest in the plat or any pact thereof, their heirs, executors, representatives, successors and assigns: None. 26. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by them or the City in conjunction with the development of the Plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said Plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers and employees hamiless from claims inade by itself and third parties for damages sustained or costs incurred resulting froin Plat development. The Developer shall indenuffy the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reirnburse the City for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developers may or may not have sold, until all bills are paid in frill. Claims not paid within thirty (3 0) days shall accrue interest at the rate of twelve percent (12%) per year. 27. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the City may then draw down the security established in Paragraph 17 to pay for ally work undertaken, provided the Developer is first given notice of the or in default, not less than seven (7) days in advance. This notice provision does not -apply if the work performed by the City or its contractors is of ran emergency nature, as determined at the sole discretion of the city. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. 28. 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 envirownental regulations except where specifically excluded by this agreement. If the City determines that the Plat does not comply, the City may, at its option, reffise to allow construction or development work in the plat until the Developer does comply. Upon the City's deniand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of any of the terms of this Agreement by the Developer shall be grounds for denial or revocation of building permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued by the City prior to the completion and acceptance of public improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of public fin provements and damage to any public improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third. parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a 6 bituminous surface, unless a specific exception is approved by the city. F. The action or inaction of the City sliall not constitute a waiver or aniendment to the provisions of this Agreeinent. To be binding, c 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 Agreen-lent shall not be a waiver or release. G. This Agreement Shall run with the land, shall be recorded against the title to the property and all properties therein established by the Plat, and shall be binding on all parties having any fight, title or interests in this phase of the plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of them under this Agreement as set forth in Section 8, at the Developer's request, the City will execute and deliver to the Developers a release or Pallial release (s) of this Agreement. H. The Developer shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and any claiins, for property damage which may arise out of the Developer's or or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $ 1,000,000.00 for each occurrence; Iiiii its for prop erty damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing finiher building permits. 1. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at Law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing inay be exercised frons time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. 10 K. Should development of the plat proceed at a pace slower, than anticipated, and for that reason, specific tens of this agreement become onerous or unduly burdensome to the Developers, upon his/her application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. L. The Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. M. The Developer shall be responsible for all on site drainage as well as for any affects that their actions may have on adjoining properties. Specifically, the Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either, the site drainage tiles or problems with on-site drainage facilities to be constructed in accordance with this agreement and plat approval. 29. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, their einployees or agents, or mailed to the Developer by registered mail at the following address: GTTM2, LLC 5 Attention: '. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk at the following address: City of Otsego, City Hall13400 90t" Street NU4, Otsego, MN 55330, Attention: City Clerk CITY OF OTSEGO Jessica Stockainp, Mayor Tar Loff, City Clerk- DEVELOPER GTTM2, LLC STATE OF MINNESOTA SS. COUNTY OF WFJGHT Its: The foregoing insti-ument was acknowledged before me this day of 2013, by Jessica Stockani p, Mayor and by Taini Luff, City Clerk, of the City Otsego, a Mitmesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. STATE OF MINNESOTA ) ) SS. SO Notary Public COUNTYOF The foregoing instrument was acknowledged before me this dq of 2013, by of GTTM2 LLC a Miiuiesota limited liability colimanv, authoritr and oii behalf of the company. 0 DRAFTED BYS MACARTHUR LAW OFFICE, LLC 3 601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 13 Notary Public the With !P kk Ot e #. "tN4. 'L'�'�% 9 FINDINGS of FACT AND DECISION FINAL PLAT APPLICANT: GMTTM , LLC 06-20-13 APPLICATION: Request for approval of a Final Plat for two single family lots and one outlot to be known asJust n 2nd Addition. CITY COUNCIL MEETING: 24 June 2013 FINDINGS: Eased upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Outlot A, Justen Addition, City of Otsego, County of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for low density residential land uses within the Long mange Urban Service Area. C. The subject site is zoned R-3, Residential Long range Urban Service District. D. The applicant is proposing to final plat two single family lots and one outlot to be deeded to the City. E. The Request for City Council Action dated 24 .dune 2013 prepared by the City Planner, The Planning Company LLC,, is incorporated herein. F. The Planning Report dated 13 June 2013 prepared by the City Planner, The Planning Company LLC,, is incorporated herein. G. The Engineering Reviews dated June 12, 2013 and June 20, 2013 prepared by the City Engineer, Halanson Anderson Associates Inc., is incorporated herein. H. The Planning Commission held a public hearing at their regular meeting on 17 June 2013 to consider the application, preceded by published and mailed notice; upon review of the application, and ether evidence, the public hearing was closed and the Planning Commission voted 5-0 to recommend City Council approval of the application, DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: 1. The preliminary and final plat are revised to address the comments of the City Engineer in their memorandum of June 12, 2013, subject to approval of the City Engineer. 2. The preliminary and final plat is revised to provide an outlot 30 feet wide parallel to the northwest lot line of Lot 1, Block 1 Justen 2 oa Addition and extending from Packard Avenue to PID 118-500-222202, which is to be deeded to the City without restriction. . The preliminary/final plat are revised to depict the 33 foot drainage and utility easement recorded along a portion of the east lot line not shown on the submitted plans. 4. The wetland and wetland buffer required by section -1-9.E of the honing Ordinance shall be overlaid by drainage and utility easement and conservation easement. . All easements are subject to review and approval of the City Engineer. 6. All grading, drainage and erosion control issues are subject to review and approval by the City Engineer. 7. All utility issues are subject to review and approval of the City Engineer. 8. Parc and trail dedication requirements shall be satisfied as a cash fee in lieu of land in accordance with Section 21-7-18 of the Subdivision Ordinance and the City's current fee schedule. . The applicant shall enter into a development agreement with the City subject to review and approval by the City Attorneys. 10. The submitted plans are revised to provide a stormwater basin with a design and capacity approved by the City Engineer and overlaid by drainage and utility easements within the southern portion of Lot 2, Bloch 1, MOTION BY: SECOND Y; ALL IN F"OR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 24th day of June, 2013., Tani Loff, City Clerk CITY of OTSE O Ey: . ,vesica L. Stoclampt Mayor CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO, 2013-38 RESOLUTION APPROVING DEVELOPERS AGREEMENT- J­USTET' SECOND ADDITION W RE, AS, GTTM2. LLC is seeking approval of a Plat known as JUSTEN SECOND ADDITION; and WHERE AS, the approved Plat requires transfer to the City of an outlot and payment of City costs and fees; and WHEREAS, those obligations are contained in the attached Developers Agreement; and WHEREAS, the Developers Agreement also sets forth the escrow required for payment of City costs and fees and establishes the various remedies a-%-railable to the City in the event that Developer breaches the terms and conditions of the Agreeinent. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; 1. The attached Developers Agreement between the City of Otsego and GTTM2, LLC is hereby approved. 2. The Mayor and City Clerk are hereby authorized to execute the Developers Agreen-lent on behalf of the City of Otsego. ADOPTED this 24th day of June, 2013 by the City Council of Otsego. MOTION TO ADOPT the Resolution by Council Member•. and seconded by Council Member, IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk RESOLUTION NO.: 2013 - 39 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF A EXISTING DRAINAGE AND UTILITY EASEMENTS PLATTED WITHIN JUSTEN 2 ND ADDITION. WHEREAS, the City of Otsego approved a final plat of Justin 2nd Addition; and, WHEREAS, the Justin Addition final plat included dedication to the City of drainage and utility easements shown by Exhibit A; and, WHEREAS, GTTM2 LLC has proposed to replat the area shown on Exhibit A with single family lots and one outlot to be deeded to the City and submitted a preliminary plat to be known as Justin 2nd Addition; and, WHEREAS, the preliminary plat of Justin 2nd Addition would establish those drainage and utility easements required by Section 21-7-15 of the Subdivision Ordinance based on the design of the preliminary plat; and, WHEREAS, the easements shown on the Justin 2nd Addition preliminary plat would supersede and make unnecessary those drainage and utility easements previously dedicated with the Justin Addition final plat; and, WHEREAS, GTTM2 LLC has applied for vacation of the drainage and utility easements dedicated with the Justin Addition final plat; and, WHEREAS, the Planning Commission held a public hearing at their regular meeting on 17 June 2017 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the Planning Report prepared by the City Planner, The Planning Company LLC, is incorporated herein; and, WHEREAS, the Engineering Review prepared by the City Engineer, Hakanson 1 is incorporated herein, and Anderson Associates Inc., 3 WHEREAS, the Planning Commission heard all parties interested therein and closed the public hearing; and, WHEREAS, the drainage and utility easements dedicated with the Justin Addition final plat serve no useful public purpose upon concurrent recording of a final plat for Justin 2'0 Addition; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating a portion of the existing right-of-way as shown on Exhibit A would be in the public interest, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the drainage and utility easement located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A is hereby vacated. 2. The vacation of said drainage and utility easement shall be effective upon the recording of a final plat for Justin 2nd Addition. 3. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. MOTION BY: SEGOND BY: ALL IN FAVOR: THOSE OPPOSED: 2013. ADOPTED by the City Council of the City of Otsego this 24"' day of June, CITY OF OTSEGO Jessica L. Stockamp, Mayor 2 ATTEST: T mi L ff, City Clare