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HomeMy WebLinkAbout2015-092 Council Resolution\.- CITY OF LINO LAKES RESOLUTION NO. 15-92 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR SITE GRADING FOR EARTHMOVING/ BORROW PIT AND CENTURY FARM NORTH 6th ADDITION WHEREAS, the City Council approved an amendment to the PUD Development Stage Plan/Preliminary Plat for Century Farm North that includes grading, drainage and erosion control plans with Resolution No. 14-43 on July 28, 2015; and WHEREAS, the City Council approved the conditional use permit for earth moving/borrow pit at 7860 Sunset Avenue with Resolution No. 15-91 on September 14, 2015; and WHEREAS, the City's subdivision ordinance and conditional use permit require the execution of a development agreement between the Developer and the City of Lino Lakes and securities. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement for Site Grading between Century Farm North Development, Inc., Jeffrey E. Morell and the City of Lino Lakes and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 14th day of September, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Roeser, Stoesz, Reinert The following voted against same: none (Absent - Rafferty) ATTEST: u anne Bartell, Cit, Cler \. CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 14, 2015 TOPIC: Earth Moving/Borrow Pit Excavation at 7860 Sunset Avenue (Morell Property) i. Consider Resolution No. 15-91 Approving a Conditional Use Permit for Earth Moving/Borrow Pit at 7860 Sunset Avenue ii. Consider Resolution No. 15-92 Approving Development Agreement for Site Grading for Morell Borrow Pit and Century Farm North 6th Addition VOTE REQUIRED: 3/5 INTRODUCTION `-- Staff is requesting City Council consideration of a Conditional Use Permit and Development Agreement for Site Grading for Earth Moving/Borrow Pit Excavation at 7860 Sunset Avenue. Complete Application Date: July 9, 2015 Environmental Board Meeting: NA Park Board Meeting: NA Planning & Zoning Board Meeting: August 12, 2015 Council Work Session Meeting: September 7, 2015 Council Meeting: September 14, 2015 60 -Day Review Date: September 7, 2015 120 -Day Review Date: November 6, 2015 BACKGROUND Jeff Morell submitted a Land Use Application for a conditional use permit for earth moving/borrow pit excavation on his 2 parcels located at 7860 Sunset Avenue (PID #07-31-22- 23-0005 and #07-31-22-23-0006). The material excavated from the borrow pit will be used for fill in Century Farm North 6th Addition. . ANALYSIS The Planning and Zoning Board Staff Report dated August 12, 2015 details the project. The 2 parcels are approximately 9.7 acres in size and are located east of Sunset Avenue/CR 53. Morell is proposing to disturb approximately 1.1 acres and excavate 9,500 cubic yards (950 loads) of granular material. This material is needed for fill for Century Farm North 6th Addition, a 29 lot single family residential development located north of the borrow pit. Excavation is anticipated to operate for 3-6 weeks starting late September. The grading shall be in compliance with the approved grading plan for Century Farm North 6th Addition. The Planning & Zoning Board held a public hearing on August 12, 2015. One Blaine resident inquired about the proposed Century Farm North 6th Addition residential development and staff was able to provide him information. Staff was also able to address Board questions regarding truck traffic, exaction depths and drainage. The Board recommended approval of the conditional use permit with a 6-0 vote. The Environmental Review Board also reviewed the project at their August 26, 2015 meeting. Attached is a copy of their comments. Development Agreement for Site Grading A Development Agreement for Site Grading incorporating both the earth moving/borrow pit excavation and Century Farm 6th Addition grading has been drafted by the City and shall be �. recorded by the developer. A grading permit and securities shall be required by the City. RECOMMENDATION Staff is recommending approval of the following items with conditions as listed: 1. Resolution No. 15-91 Approving Conditional Use Permit for Earth Moving/Borrow Pit 2. Resolution No. 15-92 Approving Development Agreement for Site Grading ATTACHMENTS 1. Site Location Map 2. City Engineer Letter dated August 4, 2015 3. Environmental Coordinator Letter dated August 27, 2015 4. Resolution No. 15-91 5. Resolution No. 15-92 6. Development Agreement for Site Grading 'MR..• WSB engineering. planning. environmental. construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum To: Katie Larsen, City Planner From: Diane Hankee PE and Ed Youngquist Date: August 4, 2015 Re: Morell Borrow Pit Plan Review WSB Project No. 2988-030 The Borrow Pit submittal document received on July 12, 2015 and reviewed here within, included the following: 1. Full size Final Plan prepared by Plowe Engineering, Inc. dated July 10, 2015. 2. Email from Adam Ginkel to Katie Larsen dated August 3, 2015. 3. RCWD 15-018 CAPROC General Comments: 1. Obtain permits for the project: NPDES permit, City of Lino Lakes grading permit Grading Plan and Drainage Comments: 1. Project cannot disrupt or otherwise alter existing surface water drainage patterns. Existing drainage patterns flow from east to west. 2. Prevent general public access and maintain safe site conditions per City Ordinance. 3. Future filling of the site will require an additional CUP or Site Development Agreement. This CUP and grading permit does not include borrow pit fill. 4. Require that all decomposable material, or other unsuitable foundation material, be removed from the area before deposition of fill begins. 5. The excavation of land reclamation project shall be completed by November 30, 2015 and the site restored. 6. Place a minimum of four (4) inches of topsoil over all disturbed areas, including haul road, and establish ground cover in a time period consistent with the City's SWPPP. 7. Show location of rock construction entrance on plan. 8. Acquire temporary access easement across city owned property. 9. Soil boring data shall be provided. St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.com S:\Commwity Development\Projeets\Platming Cases\Morell Borrow Pit CUP \Staff Reports\ 20150914 CO2 20150804 Cit}' Engineer Letter Morell Borrow 151t doe Memo Environmental To: Katie Larsen Diane Hankee From: Marty Asleson Date: August 27, 2015 Re: Comments/Environmental Board/Morrell Borrow Pit The Environmental Board, at their regular meeting on August 26, 2015, had the following comments about the proposed Morrell Borrow Pit: • If it isn't already a procedure, that the adjacent residents be notified of noise and construction activity. • The area of the park that will be used for transporting borrow from the pit to the construction site be fenced off in order to keep soil compacting equipment limited to one area. • That park area impacted by soil compaction be restored back to an original condition. • Any refilling of the borrow pit in the future will be done using similar soils to those removed. Soils imported at a later date must be approved by City Staff. • Since an NPDES permit is required for the project, an appropriate Storm Water Pollution Prevention Plan (SWPPP) will need to be submitted. • The SWPPP must include the name, phone number, and inspector credentials of the person that will be implementing the SWPPP. The SWPPP/ • Page 1 Implementation Plan must include all elements of the NPDES permit requirements. The SWPPP must include that weekly and post rainfall event inspections will be performed. The inspection reports must be submitted to the City Engineer and the City MS4 inspector in a timely manner. These reports and the SWPPP must be kept on site in a known and accessible location. Failure to perform inspections and follow-up corrections will result in an information request from the city, and if no action is taken by the permit work holder, a stop work order shall be given. • Page 2 DEVELOPMENT AGREEMENT (Site Grading Only) Century Farm North 6th Addition & Morell Borrow Pit THIS AGREEMENT is made this day of , 2015, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Century Farm North Development, Inc., a Minnesota corporation, and Jeffrey E. Morell, a single person, referred to as "Developer". 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 14-43 for the plat known as Century Farm North 6th Addition ("Subdivision"). The Morell Borrow Pit has Conditional Use Permit approval by Resolution No. 15-91. Both legally described in Attachment A. Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision and Morell Borrow Pit. 2. Grading. The Developer has requested approval to commence with site grading activities prior to final plat approval. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The subject property shall be graded in accordance with Conditional Use Permit Resolution No. 15-91 and the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be completed and approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Century Farm North PUD/Preliminary Plat Amendment — 6th Addition, revision date February 9, 2015, containing 7 sheets, prepared by Plowe Engineering Inc. ii. Morell Borrow Pit dated July 10, 2015 and received on July 12, 2015, containing 1 sheet, prepared by Plowe Engineering Inc. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Century Farm 6th Addition and Morell Borrow Pit Grading Agreement September 2015 Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the "Developer Improvements," which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Attachment B. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. The grading plan and all site grading shall be provided and conducted in accordance with the plan as approved by the City, NPDES requirements and the RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control 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. ii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. iii. The Developer's engineer shall certify in writing, with an as -built survey, that all grading complies with the approved grading plan. iv. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance, including street sweeping. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing page 2 Century Farm 6th Addition and Morell Borrow Pit Grading Agreement September 2015 attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final site grading and restoration shall be completed. d. Landscaping shall be furnished and installed in accordance with the approved plans. 7. Time of Performance. The Developer shall complete site grading and restoration, by November 31, 2015. The Developer may request an extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. The following improvements, hereinafter referred to as "City Improvements" shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property at Developer Expense by the City: No City Improvements are proposed to be constructed. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format of site grading. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCad .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. b. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and page 3 Century Farm 6th Addition and Morell Borrow Pit Grading Agreement September 2015 conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. The Irrevocable Letter of Credit may not be terminated without the City's written consent. c. Alternatively the Developer may enter into a Public Improvement Surety Agreement in the form attached hereto as Attachment C. d. Reduction of Security. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 11. Warranty. Restoration and erosion control, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City hall be in writing, in recordable form, containing such terms and conditions as the City hall determine. 13. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developerr agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 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 Agreement subject to provisions contained in this Agreement. 14. Escrow for City's 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 Subdivision including, but not limited to, the following (See Attachment B for breakdown of costs): page 4 Century Farm 6th Addition and Morell Borrow Pit Grading Agreement September 2015 i. Planning review fees. ii. Administration - 3% of Developer Improvement Costs. iii. City Engineering and Construction Oversite and Administration. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting the charges. 15. Developer Fees. The Developer also agrees to pay fees related to the grading of the Subdivision (See Attachment B for breakdown of costs): 16. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 17. Insurance. Developer or its general contractor shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 18. 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 is first given notice of the work in default, not less than 48 hours in advance. This Agreement 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 page 5 Century Farm 6th Addition and Morell Borrow Pit Grading Agreement September 2015 City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 19. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. c. Notices Whenever in this agreement it shall be required or permitted that notice or demand be given or served by, either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties are as set forth until changed by notice given as above. Century Farm North Development, Inc. Attn: Gary M. Uhde 3157 Berwick Knoll Brooklyn Park, MN 55443 Jeffrey E. Morell 7860 Sunset Avenue Lino Lakes, MN 55014 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 page 6 Century Farm 6th Addition and Morell Borrow Pit Grading Agreement September 2015 DEVELOPER By Gary M. Uhde Its Century Farm North Development, Inc. By Jeffrey E. Morell STATE OF MINNESOTA ) ss. COUNTY OF ANOKA CITY OF LINO LAKES By Mayor ATTEST: By City Clerk On this day of , in the year of 2015 before me, a Notary Public within and for said County, personally appeared Julianne Bartell, City Clerk of the City of Lino Lakes, who executed the foregoing instrument, attesting to the signature of Jeff Reinert, Mayor and acknowledged that it was executed on behalf of said City. Notary Public STATE OF MINNESOTA COUNTY OF On this day of , 2015, before me, a Notary Public within and for said County, personally appeared Gary M. Uhde, of Century Farm North Development, Inc. (Developer), who executed the foregoing instrument. Notary Public page 7 Century Farm 6th Addition and Morell Borrow Pit Grading Agreement September 2015 STATE OF MINNESOTA COUNTY OF ) ) ss. On this day of , 2015, before me, a Notary Public within and for said County, personally appeared Jeffrey E. Morell, who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 page 8 Century Farm 6th Addition and Morel! Borrow Pit Grading Agreement September 2015 ATTACHMENT A Legal Description THAT PRT OF SW1/4 OF NW1/4 OF SEC 7 TWP 31 RGE 22 DESC AS FOL: BEG AT A PT ON W LINE OF SD 1/4 1/4, 328 FT S OF NW COR THEREOF, TH E PRLL/W N LINE OF SD 1/4 1/4, 1047 FT, TH S PRLL/W SD W LINE 208FT, TH W PRLL/W SD N LINE 1047 FT TO SD W LINE, TH N ALG SD W LINE 208 FT TO POB, EX RD, SUBJ TO EASE OF RECORD And THAT PRT OF SW1/4 OF NW1/4 OF SEC 7 TWP 31 RGE 22 DESC AS FOL: BEG AT PT ON W LINE OF SD 1/4 1/4, 536 FT S OF NW COR THEREOF, TH E PRLL/W N LINE OF SD 1/4 1/4, 1047 FT, TH S PRLL/W SD W LINE 208 FT,TH W PRLL/W SD N LINE 1047 FT TO SD W LINE, TH N ALG SD W LINE 208 FT TO POB, EX RD, SUBJ TO EASE OF RECORD And OUTLOT A CENTURY FARM NORTH 5TH ADDITION And THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 31, RANGE 22. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 31, RANGE 22, THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, ON AN ASSUMED BEARING OF S00 27112"E A DISTANCE OF 120 FEET; THENCE N87 36' 19"E EAST A DISTANCE OF 360 FEET; THENCE, PARALLEL WITH SAID WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE POINT OF BEGINNING. page 9 9/11/2015 ATTACHMENT B PROJECT: CFN 6TH ADDITION & MORELL BORROW NUMBER OF REU's: NA APPLICANT: Century Farm North Development, Inc. and Jeffrey E. Morell IMPROVEMENTS COST NOTES DEVELOPER IMPROVEMENT COSTS SITE GRADING $71,610 EROSION CONTROL $1,275 LANDSCAPING $1,080 STREETS $0 STORM SEWER CONST. $0 SANITARY SEWER CONST. $0 WATERMAIN CONST. $0 ENGINEERING & SURVEYING $5,000 Total $78,965 Letter of Credit Amount X 150% $118,448 Surety Agreement Option is 125% CITY IMPROVEMENT COSTS TRUNK SANITARY SEWER $0 $3,073/REU TRUNK SANITARY SEWER CREDIT $0 Estimated until final construction TRUNK WATERMAIN $0 $4,069/REU TRUNK WATERMAIN CREDIT $0 Estimated until final construction TOTAL TRUNK FEES $0 SURFACE WATER MANAGEMENT $0 $1,832/REU ($0.12/SF Includes 1, 2, 4, & 6) SURFACE WATER MANAGEMENT CREDIT $0 Total $0 Letter of Credit Amount X 35% $0 ESCROW PLANNING REVIEW $1,500 ADMINISTRATION $2,370 3% of construction ENGINEER PLAN REVIEW $2,500 ENGINEER CONSTRUCTION SERVICES $2,500 PROJECT FINAL DOCUMENTS & CITY ENGINEER $4,500 STREET LIGHT INSTALLATION $0 STREET & STORMWATER MAINTENANCE $2,500 PROPERTY TAXES _ $0 If final plat between July 1 and Dec. 31 Total $15,870 FEE DEPOSIT PARK DEDICATION $0 PARK DEDICATION CREDIT $0 SEAL COATING FEE $0 $2.70/SY of road AERIAL PHOTO FEE $0 $90/Lot STREET LIGHTING OPERATION $0 $105/Light Total $0 SUMMARY OF COSTS LETTER OF CREDIT DEVELOPER IMP'MENT COSTS $118,448 LETTER OF CREDIT CITY IMPROVEMENT COSTS $0 ESCROW $15,870 FEES $0