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Home My WebLink About2004-151 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 04-151 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR SPEISER ACRES. WHEREAS, the Planning and Zoning Commission approved the final plat of Speiser Acres on October 13, 2004, and WHEREAS, the Developer is requesting approval to commence construction of a single family dwelling; and, WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with the Developer for Speiser Acres and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 25th day of October, 2004. Ann J. B44ir, City Clerk John . Berg son, ayor • AGENDA ITEM 6Dii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: October 25, 2004 TOPIC: Resolution No. 04 -151, Approving Development Contract, Speiser Acres Vote Required: Simple Majority BACKGROUND: The Planning and Zoning Commission approved the final plat of Speiser Acres on September 13, 2004. Jeff and Marni Sawyer are requesting approval to allow for a single family residential development that provides for the re- configuration of 3 existing Tots that currently exist as one with a dwelling unit and two vacant parcels. The lot for the existing single - family dwelling will be enlarged to include land on which some accessory buildings have been constructed. Another single family lot with frontage to Birch Street will be created, and the • remaining acreage will be combined into one large lot. In accordance with the preliminary plat approval and City policy staff has prepared a Development Agreement for Grading and Bridge. The agreement provides for the following: 1. Submittal by the developer of connection fees in the amount of $9,348. 2. Deposit of a cash escrow in the amount of $1,665 for park dedication. Jeff and Marni Sawyer have reviewed the contract and are aware of the conditions set forth. • OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 04 -151, Approving Development Contract, Speiser Acres. 3. Not adopt Resolution Number 04 -151. RECOMMENDATION:, Option No. 2 - Staff recommends that Resolution Number 04 -151 be adopted. • • • DEVELOPMENT CONTRACT Speiser Acres THIS AGREEMENT made this 25th day of October, 2004, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Jeff and Mani Sawyer, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Speiser Acres, hereinafter called "Subdivision ", said land is legally described to -wit That part of Government Lot 6 lying Easterly of Shenandoah 3rd Addition and lying Southerly of the following described line: Beginning at Northeast comer of Block 5, Shenandoah 3rd Addition, thence Southeasterly to Southeast corner of said Government Lot 6 and there terminating; AND The South 229.74 feet of the East 104.35 feet of the West 744 feet of the Northwest quarter of the Southwest quarter of Section 29, Township 31, Range 22, Anoka County, Minnesota, said distance being measured parallel to the South and West lines of said Northwest quarter of the Southwest quarter, AND The Northwest quarter of Southwest quarter of Section 29, Township 31, Range 22, Anoka County, Minnesota, Except the South 229.74 feet of East 104.35 feet of West 744 feet thereof, also except East 208.7 feet of West 952.7 feet of the South 208.7 feet of said quarter quarter, also except that part of said quarter quarter described as following: Beginning at a point on South line of said quarter quarter 1145 feet East of Southwest Comer thereof, thence North parallel with West line of said quarter quarter 615 feet, thence East parallel with said South line 169.75 feet plus or minus to East line of said quarter quarter, thence South along said East line 615 feet plus or minus to Southeast corner of said quarter quarter, thence West along said South line 169.65 feet plus or minus to point of beginning; also except that part of said quarter quarter described as following: Beginning at Southeast corner of Shenandoah 3rd Addition, thence South 89 degrees • • • Development Contract Speiser Acres following: Beginning at Southeast corner of Shenandoah 3rd Addition, thence South 89 degrees 17 minutes 25 seconds East, assumed bearing, along South line of said quarter quarter 140.82 feet, thence North 00 degrees 43 minutes 14 seconds East 314.73 feet, thence North 03 degrees 20 minutes 01 second West 134.58 feet, thence North 89 degrees 17 minutes 35 seconds West 131.09 feet to East line of said Addition, thence South along said East line to point of beginning, also except that part platted as Shenandoah 3rd Addition, except road according to the United States Government Survey thereof and situate in Anoka County, Minnesota. WHEREAS, the Developer requested that the City approve a single family residential development named "Speiser Acres "; and WHEREAS, the Developer has requested the City to allocate MUSA reserve to certain lots within the Subdivision to provide for residential use; and WHEREAS, the Developer is to be responsible for the installation and financing of certain utility connections and access improvements to service the Subdivision; and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". IL DEVELOPER IMPROVEMENTS A. The Developer shall provide for the building permit the following items: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. page 2 -39D- • • • Development Contract Speiser Acres 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the • commencement of site grading or construction. 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items ll.A.1 and ll.A.2 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. d) Streets shall be protected from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. " e) No soils shall be imported or exported without City approval. f) All site grading shall be performed in accordance with the requirements of the Rice Creek Watershed District, including RCWD review and approval of restoration of wetland fill areas to pre- existing conditions. 4. Final drive access and/or street grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter as required by the City. 5. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. page 3 -39E- Development Contract Speiser Acres 6. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 7. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grayling plan - guard stakes shall be appropriately installed to mark these irons. 8. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 9. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. 10. Cost of Developer Improvements, description and completion dates are as shown on Attachment A. IIL CITY IMPROVEMENTS A. There are no City Improvements for this project. W. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the page 4 • • Development Contract Speiser Acres Subdivision and -the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. C. Each lot must have a City approved Certificate of Grading showing the as-built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. GENERAL A. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision in accordance with section VII upon execution and delivery of this agreement and all required petitions, bonds, security, and documents. A total of 13 acres of MUSA shall be allocated for the project. VIII. PARK DEDICATION A. Park dedication in an amount of $1,665 shall be paid by the Developer to the City. page 5 • • • Development Contract Speiser Acres DEVELOPER CITY OF LINO By By Developer Mayor STATE OF MINNESOTA ) ') SS COUNTY OF ANOKA A'1°1EST: On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary public page 6 • • Development Contract Speiser Acres STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 7 -39I- ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS • PROJECT NAME: Speiser Acres NUMBER OF REU's: 1 APPLICANT: Jeff and Marni Sawyer ASSESSED AREA (ac.): 0.25 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 STORM SEWER CONST. A. Surface Water Mgmt. Charge (s.f.) $0.093 a $1,004 2 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,340 a $585 B. Trunk Unit Charge (REU) $1,015 $1,015 C. Lateral $33 /FT a $2,640 3 ' WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,495 a $624 B. Trunk Unit Charge (REU) $1,640 a $1,640 C. Lateral $23 /FT e $1,840 SUBTOTALS: $0 $9,348 $0 •TOTALS $9,348 See Attachment B for security amounts to be posted NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer t Estimate by Feasibility Study 10/20/2004 _39J_ Speiser Acres Development Agreementxls ATTACHMENT B CITY FEES .DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Speiser Acres NUMBER OF REU's: 1 APPLICANT: Jeff and Mami Sawyer ASSESSED AREA (ac.): 0.25 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE . IMP.. (X) IMP. (Y) AMOUNT (Z) ` 1 PLANNING /REVIEW $0 2 ENGINEERING $0 3 ADMINISTRATION $0 4 DEVELOPMENT FEES $0 A. Park Dedication 1665 /each d $1,665 5 BOULEVARD TREE PLANTING b $0 6 DEVELOPMENT SECURITIES $0 TOTALS: so $0 $1,665 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS $0 $0 $0 Y = CITY IMPROVEMENT COSTS $9,348 $0 $9,348 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $1,665 $1,665 TE a: Cost by City policy Y GYP Y b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer t Estimate by Feasibility Study -39K- 10/20/2004 Speiser Acres Development Agreement.xls