HomeMy WebLinkAbout[02] Rivers Bend Plat 2 CM' OF 8T. JDSI PH Council Agenda Item 2
MEETING DATE: September 29, 2010
AGENDA ITEM: Rivers Bend Plat 2
a. Rezoning — Agriculture to R4
b. Preliminary Plat
c. Final Plat
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted a
Public Hearing on Monday, September 13, 2010 to consider the Rivers Bend Plat 2. The proposed plat
consists of 12 detached patio homes meeting the requirements of the R4 Zoning District. The Planning
Commission requested sidewalk or at grade walking/pedestrian access minimally on one side of the
development. The Developer agreed to construct an at grade access on the south side of Lanigan
Avenue.
By unanimous vote the Planning Commission recommended the Council rezone the subject property
from the current Agriculture to R4, Patio Townhome. They also recommended approval of the plat
subject to compliance with the engineer comments.
PREVIOUS COUNCIL ACTION: The Council reviewed the concept plan for the proposed development
and encouraged the developer to move forward to the platting stage.
BACKGROUND INFORMATION: For your review is the information provided to the Planning Commission
along with new information received from the developer. The majority of the engineering comments
have been corrected and a few remain outstanding. Over the next days the staff will continue to work
with the developer to meet the requirements. An update of the requirements will be provided at the
meeting.
The approval of the final plat requires execution of a Development Agreement. The purpose of the
Development Agreement is to document the requirements of the City for installation of infrastructure,
identify specific requirements of the plat and identify expectations of both the City and Developer.
Since the proposed development is a portion of the plat already covered through a development
agreement, two separate agreements are need. One agreement is needed to cover the terms of the
proposed Rivers Bend Plat 2 and the second is needed to amend the existing agreement to change the
date for the park requirements.
The first agreement includes the following project specific items:
• Divide WAC /SAC fee into two installments (previously agreed by the City Council)
• Allow a home to be constructed with the roads being installed with the agreement that the
home cannot be occupied until the road is completed. (Due to the time of year, it would be
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better for the City if the road is not constructed until spring. If it is completed now we are
dependent on the weather and the soils in that area will not react well to wet weather).
The second agreement is an amendment to redefine the time frame for park development. The original
agreement required improvements to begin this year. Since development did not occur the park
improvements are not necessary. The staff is recommending that the developer dedicate the park
adjacent to the Sauk River to the City by September 2011 and delay the improvements until develop
adjacent to the park is developed.
Both agreements have been forwarded to the developer and owner and the City has not received
feedback.
BUDGET /FISCAL IMPACT: Increase in housing adding to the taxable market value of St. Joseph.
ATTACHMENTS: Request for Council Action 2:1 -2
Developer Agreement [Draft 09- 21 -10] 2:3 -28
Amendment to Developer Agreement 2:29 -32
2010 [09] Sep 17 Westwood Comments 2:33 -36
2010 [09] Sep 20 Sabart Comments 2:37 -40
2010 [09] Sep 13 Request for PC Action 2:41 -42
Public Hearing Notice 2:43
Application for Planning Consideration 2:44 -45
Original Preliminary Plat Illustration 2:46
Application for Subdivision Review 2:47 -52
Rivers Bend Plat 2 2:53
2010 [07] Jul 30 Arcon Letter 2:54 -55
Comprehensive Plan Extract 2:56
2010 [09] Sep 01 Notification to Stearns Cty 2:57
Ordinance Extract, Rezoning 2:58
REQUESTED COUNCIL ACTION: The action on this matter is two fold. The first course of action is
accepting or rejecting the recommendation of the Planning Commission rezoning the property from
Agricultural to R4 Patio Home/Townhome and the second is Approving the Final Plat authoring the
Mayor and Administrator to execute the Developments. Any changes to the Development Agreement
will have to be approved by the Council.
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-- DRAFT --
September 21, 2010
CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
(For Rivers Bend Plat 2)
THIS AGREEMENT, made and entered into this day of , 2010, by and between
Dean Virnig and Lois Virnig, husband and wife, and Bryan Virnig hereinafter called "Virnigs" or
"Developer ", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the
"City".
WITNESSETH:
WHEREAS, the Developer has purchased a portion of Outlot G of Rivers Bend, Planned Unit
Development (PUD) from Arcon Development, Inc. on , 2010, for purposes of a patio
home development. The patio home development property consists of acres. The property being
purchased by the Developer and which is subject to this Developer Agreement is legally described as
follows:
Commencing at the northwest corner of said Outlot G; thence South 36 degrees 03 minutes 37 seconds East, record bearing,
along the southwesterly line of said Outlot G, a distance of 106.62 feet; thence southeasterly and continuing along said
southwesterly line, a distance of 710.82 feet along a tangential curve concave to the northeast having a radius of 1382.39 and a
central angle of 29 degrees 27 minutes 41 seconds; thence South 65 degrees 31 minutes 17 seconds East tangent to said curve
and continuing along said southwesterly line, a distance of 19.28 feet to the point of beginning of the tract of land to be
described; thence North 67 degrees 25 minutes 16 seconds East, a distance of 220.77 feet; thence North 60 degrees 48 minutes
45 seconds East, a distance of 325.20 feet; thence South 83 degrees 52 minutes 25 seconds East, a distance of 198.06 feet;
thence South 08 degrees 47 minutes 07 seconds West, a distance of 189.23 feet; thence southeasterly a distance of 65.71 feet
along a non - tangential curve concave to the southwest having a radius of 430.00 feet, a central angle of 08 degrees 45 minutes
19 seconds, and a chord which bears South 79 degrees 24 minutes 46 seconds East; thence North 11 degrees 57 minutes 29
seconds East non - tangent to said curve, a distance of 212.10 feet; thence South 67 degrees 50 minutes 41 seconds East, a
distance of 316.92 feet; thence South 24 degrees 57 minutes 30 seconds West, a distance of 215.63 feet; thence South 06
degrees 08 minutes 42 seconds West, a distance of 63.39 feet; thence South 24 degrees 57 minutes 30 seconds West, a distance
of 140.00 feet; thence North 65 degrees 02 minutes 30 seconds West, a distance of 193.32 feet; thence North 21 degrees 06
minutes 44 seconds East, a distance of 140.32 feet; thence North 65 degrees 02 minutes 30 seconds West, a distance of 11.92
feet; thence northwesterly a distance of 142.52 feet along a tangential curve concave to the southwest having a radius of 370.00
feet and a central angle of 22 degrees 04 minutes 13 seconds; thence South 02 degrees 53 minutes 17 seconds West, non -
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tangent to said curve, a distance of 83.89 feet; thence South 26 degrees 41 minutes 24 seconds West, a distance of 161.60 feet to
said southwesterly line of Outlot G; thence North 65 degrees 31 minutes 17 seconds West along said southwesterly line, a
distance of 605.53 feet to the point of beginning.
WHEREAS, Arcon Development, Inc. and the City have entered in to a Developer Agreement, dated July
11, 2005, and a Memorandum of Understanding, dated February 13, 2006, both of which documents
cover the above - described patio home development Project land, which will be known as the Rivers Bend
Plat 2;
WHEREAS, it is the express intent of the parties that the Developer Agreement of July 11, 2005 and the
Memorandum of Understanding of February 13, 2006 between Arcon and the City shall remain in full
force and effect;
WHEREAS, the Memorandum of Understanding between Arcon and City envisions that the Property will
be developed in phases and the Memorandum of Understanding requires Arcon to enter into a Developer
Agreement with the City prior to developing each phase of the PUD;
WHEREAS, it is the purpose of this Developer Agreement for the Rivers Bend Plat 2 patio home
development project to set forth the rights and duties of the City and Developer regarding the
improvements required for the Rivers Bend Plat 2 Project;
WHEREAS, the Developer has submitted to the City for approval the final plat for Rivers Bend Plat 2;
WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed on
Exhibit A attached hereto and hereinafter referred to as the "Project "; and
WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement to
provide for inspection and review during the construction of the Project;
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY
AGREED AS FOLLOWS:
1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN APPROVAL AND
PLAT APPROVAL
1.1 Request for Development Plan Approval and Plat Approval: The Developer has asked the
City to grant final approval of the Development Plan for the Project to be constructed on the
Property and to grant final approval of a plat for patio homes which will be called Rivers
Bend Plat 2.
1.2 Conditions of Development Plan Approval and Plat Approval: The City, after requisite
notice and hearing, has granted final approval of the Development Plan and final approval of
the Plat subject to the terms and conditions of this agreement.
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2.0 RIGHT TO PROCEED
The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines,
water lines, streets, utilities, public or private improvements, or any buildings, until all the
following conditions have been satisfied: (1) this Agreement has been fully executed by both
parties and filed with the City Administrator; (2) the required security for performance of the
Developer's obligations have been received by the City; (3) the City has issued a letter that all
conditions have been satisfied and that the Developer may proceed, which letter will not be
unreasonably withheld or delayed; and (4) the Plat and this Agreement have been recorded with
the Stearns County Recorders Office.
3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS.
3.1 Improvements. The Developer agrees to construct those improvements itemized below,
(hereinafter known as the "Improvements "):
Check all that apply:
_X Site Grading
X_ Water Main
_X_ Storm Sewer
X_ Holding Ponds — must be graded to plan approved by City Engineer
_X_ Concrete Curb & Gutter
_X_ Sanitary Sewer
Sidewalks
_X_ Street Signs
_X_ Regulatory and Warning Signs
_X_ Turning and Bypass Lanes
X On -site Wetland Mitigation — must be accepted by appropriate regulatory agency
X_ Erosion Control
_X_ Street & Lighting
X Private Utilities, to include gas, telephone, electric and cable
The Improvements itemized above shall include all necessary appurtenant items of work
as determined by the City.
The following improvements noted above are public improvements: site grading, water
main, storm sewer, concrete curb and gutter, sanitary sewer, bituminous streets, street
signs, regulatory and warning signs, turning and bypass lanes, erosion control, and street
lighting. Public improvements shall be dedicated to the City as provided in paragraph
3.15 of this Agreement.
The following improvements are private improvements: holding ponds, on -site wetland
mitigation, and private utilities. Private improvements shall remain the property of the
Developer and under the control and maintenance of the Developer, its heirs and assigns.
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3.2 Project Specific Requirements for Developer.
(a) Widen Street for Pedestrian and Bicycle Traffic. The Developer does not have to
provide sidewalks for the subdivision. However, the Developer agrees to widen the
street by four (4) feet to provide for pedestrian and bicycle traffic on the south side
of the street. The Developer agrees that the south side will be permanently posted
as a no- parking area and the Developer will pay for the signage.
(b) The County will likely request turning and bypass lanes on County Road 121. The
Developer must reach a written agreement with the County with respect to
construction of the turning and bypass lanes which may be required by the County,
or in the alternative, a letter from the County stating that there is no need for a
turning or bypass lane.
(c) Construction of Temporary Road and One Home. The City will allow the
construction of one home and a temporary paved road prior to installation of street,
curb and gutter. Maintenance and snow plowing of this temporary road will be the
responsibility of the Developer and at the expense of the Developer. The
temporary road and construction of the home will not be allowed until approval of
the final plat.
3.3 Completion Deadlines. The Developer agrees to proceed with said Improvements
entirely at its expense, and to complete said improvements by July 30, 2011, except for
final wear course which shall be completed pursuant to the following schedule. If the
utilities (water main, sanitary sewer, and storm sewer) are completed by December 15,
2010, then the final wear course may be laid on or after September 15, 2011. If the
utilities are not completed by December 15, 2010, then the final wear course must be
installed on or after June 15, 2012. Under no circumstances can the final wear course be
installed until they are subjected to one annual freeze /thaw cycle.
3.4 Engineering Services. The Developer will retain an engineer satisfactory to the City to
prepare complete construction Plans and Specifications for The Improvements. The
Developer shall make his engineer aware of the provisions in this Agreement. The
Developer's engineer shall:
(a) Arrange for soil borings in accordance with Exhibit B and/or such other
subsurface investigations as the City may require.
(b) Prepare construction plans, specifications, and estimate in accordance with
Exhibit B.
(c) Secure all necessary permits including those required by the Minnesota Pollution
Control Agency, the Minnesota Department of Health, the Department of Natural
Resources, Stearns County, Sauk River Watershed District, or any other
regulatory agency that has jurisdiction.
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(d) Submit items one (1) through eight (8) on Exhibit "C" prior to beginning any
construction in the development.
(e) Complete an Environmental Assessment Phase I, if necessary and any other
related environmental documents, reports, or studies as may reasonably be
required by the City.
(f) Provide all necessary construction staking and related survey work.
(g) Provide construction administrative services on behalf of the Developer, including
the following: review shop drawings, coordinate construction staking, monitor
permit requirements, monitor site grading and erosion control work designated as
developer's responsibility in Exhibit "D ", process applications for payment,
prepare change orders, monitor completion dates, coordinate field issues with
Contractor and Developer, participate in final inspection. Prepare operation and
maintenance manuals in accordance with Exhibit `B ". Submit items nine (9) and
ten (10) on Exhibit "C" in a timely manner during construction.
(h) Prepare record drawings. Submit item eleven (11) on Exhibit "C" to the City
Engineer within 30 days of receiving field measurements from the City's on -site
representative. Record drawings shall include locational measurements to all
water and sewer mains, manholes, valves, catch basins, and sewer /water services.
Developer will submit evidence of site grading, to include conformance of house
pad elevations with the grading plan.
(i) Prepare and submit such other documentation as the City may require.
3.5 The City Engineer shall:
(a) Provide such City project standards, including special details, insurance
requirements and specifications, as the City may require.
(b) Review and accept Plans and Specifications.
(c) Provide a City Representative as a resident project representative (RPR) for
public improvement throughout the construction period.
(d) Assist the Developer's engineer in collecting field information for use in
preparing record drawings for the publicly- dedicated improvements.
(e) Conduct a final inspection and review final construction documentation.
(f) Recommend Acceptance of Improvements to the City.
3.6 Cost Escrow. The Developer shall bear the cost of the above noted City Engineering
Services, consultant services, City Attorney services, and City Administrator costs and
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shall, upon execution of this Agreement, place in escrow with the City cash or
irrevocable letter of credit in the amount of $ which shall be applied to
the payment of the cost of said services. Should the escrowed amount exceed the cost to
the City, the City shall return to the Developer all unused funds, including accumulated
interest. Should the expense to the City exceed the above amount, the City will notify the
Developer of additional amounts to be paid into the escrow account. The Developer shall
fund the escrow account in the amount requested by the City within 15 days after notice.
No building permits shall be issued until the escrow account is funded as requested by the
City.
The Developer shall pay a reasonable fee for in -house administration of the development
by the City staff and the City's consulting professionals to include but not be limited to
engineers, planners and attorneys. City administration will include monitoring of
construction observation, consultation with Developer and his engineer on the status of or
problems regarding the project, coordination for final inspection and acceptance, project
monitoring during the warranty period, and processing of requests of reduction in
security. The Developer shall pay for construction monitoring performed by the City's
consulting professionals at their customary hourly rates. Construction monitoring shall
include part- or full -time inspection of proposed public utilities and street construction by
the City Engineer.
3.7 City as Third Party Beneficiary. The City shall not have any direct contractual
relationship with the Contractor, but shall be considered a third party beneficiary to the
contract entered between the Developer and the Contractor. The City shall not be liable
to the Contractor for the Developer's breach of a duty to the Contractor.
3.8 Easements. The Developer shall make available to the City, at no cost to the City, all
permanent and temporary easements necessary for installation and maintenance of The
Improvements.
3.9 Insurance. The Developer shall provide evidence of Comprehensive General Liability
and Broad Form Property Damage Insurance including contractual coverage in the
amount of at least $1,000,000 per occurrence and $1,000,000 aggregate and excess or
umbrella coverage of $1,000,000 per occurrence and $2,000,000 aggregate. The
Contractor shall be required to carry a broad form Property Damage Endorsement or
similar thereto for Explosion, Collapse, and Underground (XCU) general liability
insurance coverage. The City and City Engineer shall be named as an additional insured
on such policy by endorsement. The Developer's insurance certificate shall be in a form
approved by the City, and shall be delivered to the City at least three days prior to the
commencement of any work on the Improvements. Such insurance shall remain in full
force and effect through the end of the warranty period described in Section 3.12.
The Developer shall cause each person with whom Developer contracts for the
construction and installation of any Improvements to provide evidence of insurance. Said
coverage shall include Contractor's General Liability, Owner/Engineer Protective
Liability, Automobile Liability, Contractual Liability, and Worker's Compensation
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coverage. The Developer, or each person with whom the Developer contracts shall
obtain excess or umbrella liability coverage of $1,000,000.00 per occurrence and
$2,000,000.00 in the aggregate. The City and the City Engineer shall be named as an
additional insured on such policy by endorsement.
The Developer shall provide builder's risk insurance if there are any structures to be
constructed as part of the development (lift stations, pump houses, etc.). All insurance
coverage shall be provided in accordance with City specifications.
3.10 Performance Security. Prior to the actual construction of the Improvements pledged to be
constructed by the Developer, then in that event, the Developer shall post with the City a
bond, irrevocable letter of credit or dedicated escrow account (the "Security") in the
estimated amount of 1.25 times the Engineer's Estimate of the likely costs of such
improvements, conditioned upon the faithful construction of the improvements according
to the Plans and Specifications, and final approval of the City Engineer, and the terms of
this Development Agreement. As the improvements are partially completed, the
Developer may request the City to release a portion of the Security representing the cost
of the completed improvements as determined by the City Engineer, but at all times there
shall be Security in an amount of at least 125% of the estimated cost of the unfinished
improvements. If the construction contracts are under the control of one Prime
Contractor, the Prime Contractor may provide the performance security required by this
section.
3.11 Labor and Materialman's Bond. Upon execution of this Agreement, the Developer shall
also provide the City with a labor and materialman's bond, guaranteeing the payment of
all workmen performing labor or services, and all supplies or materialmen providing
materials for the Improvements. This bond shall not be released until the Developer has
provided the City Engineer with proof of payment of all laborers and materialmen in the
form of release, signed receipts, or lien waivers. If the Developer contracts with a single
Prime Contractor, and all construction contracts are under control of the Prime
Contractor, the Prime Contractor may provide the laborer and materialmen bond required
by this section as long as the Prime Contractor agrees to waive any lien rights for the
labor and/or material provided by the Prime Contractor.
3.12 Warranty Bond. The Developer shall fully and faithfully comply with all the terms of
any and all Contracts entered into by the Developer for the installation and construction
of all The Improvements and hereby warrants and guarantees the workmanship and
materials for a period of two years following the City's final acceptance of the
Improvements. In addition to the Security required by Section 3.10 herein, the Developer
hereby warrants and shall post a warranty bond, warranting the condition of the materials
and workmanship of the improvements for a period of two years following the City's
final acceptance of the Improvements. If any claims are made in writing within the
warranty period, the bond shall not be released until such claims are resolved.
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3.13 Completion Date and Inspection. The work the Developer is to perform under this
Agreement must be done and performed by Developer in a good and workmanlike
manner and completed by the date set in paragraph 3.3 of this Agreement. The storm
sewer, water and sewer mains, roadways, and all other improvements called for in the
Plans and Specifications will be subject to the inspection and approval of the City and the
City Engineer, and in case any material or labor supplied shall be rejected by the City or
the City Engineer, as defective or unsuitable, then such rejected material or labor shall be
removed and replaced with approved material or labor, to the satisfaction and approval of
the City, entirely at the cost and expense of the Developer.
3.14 Damage to City Infrastructure. Developer shall promptly repair, at the Developer's
expense, any damage to the City's existing infrastructure. Repairs shall be to original
condition or better.
3.15 Dedication of Utilities and Roadways. Developer will dedicate to the City, after their
completion, all water and sewer mains, storm sewer mains, storm sewer, roadways and
other structures located in the right -of -ways on the Development Property shown in the
Plans and Specifications. Developer will provide to the City any and all necessary
easements and /or dedications or deeding to ensure that the City has the ability to
maintain, repair, replace or modify the sewer and water mains, storm sewers, and holding
and sedimentation ponds located on the Development Property.
4.0 PHASED DEVELOPMENT
If the development and improvements which are the subject of this Agreement are a portion of a multi -
phased preliminary plat, the City may refuse to approve final plats of subsequent phases 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.
5.0 CHANGES IN OFFICIAL LAND USE CONTROLS
For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or
official land use controls shall affect the use, development density, lot size, lot layout, or dedications of
the development which is a part of this Agreement unless required by State for Federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by State and Federal law, the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls and platting or dedication requirements
enacted after the date of this Agreement.
6.0 GENERAL TERMS AND CONDITIONS
6.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees, to be
fixed by the Court, in the event that suit or action is brought to enforce the terms of this
Agreement.
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6.2 Proof of Title. The Developer hereby warrants and represents to the City, as
inducement to the City's entering into this Agreement, that Developer's interest
in the Development is fee owner. Prior to execution of this Agreement, the
Developer shall provide the City with a title opinion prepared by a licensed
attorney and directed to the City stating the condition of title of the property, or
other proof of title acceptable to the City.
6.3 Binding Effect on Parties and Successors. The terms and provisions of this
Agreement shall be binding upon and accrue 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 Development and shall be
deemed covenants running with the land. Reference herein to Developer, if
there be more than one, shall mean each and all of them. This Agreement, at the
option of the City, shall be placed on record so as to give notice hereof to
subsequent purchasers and encumbrances of all or any part of the Development
and all recording fees shall be paid by the Developer.
6.4 Notice. Any notices permitted or required to be given or made pursuant to this
Agreement shall be delivered personally or mailed by United States mail to the
addresses set forth in this paragraph, by certified or registered mail. Such
notices, demand or payment shall be deemed timely given or made when
delivered personally or deposited in the United States mail in accordance with
the above. Addresses of the parties hereto are as follows:
If to the City at: City Clerk/Administrator
City of St. Joseph, P.O. Box 668,
St. Joseph, MN 56374
If to the Developer at: Dean Virnis
17717 275 Avenue
Pierz, MN 56364
6.5 Acceptance and Ownership of Improvements. The City will accept said public
improvements or portions thereof, upon certification by the City Engineer that,
to the best of his knowledge and belief, the improvements have been completed
in conformance with the terms of this Development Agreement and all
documents incorporated herein by reference. Upon completion of the work and
construction required by this Agreement and final approval and acceptance by
the City, the public improvements lying within public easements and/or public
right -of -way in the development shall become City property without further
notice or action.
6.6 Incorporation of Documents by Reference. All general and special conditions,
plans, special provisions, proposals, specifications and contracts for the
improvements furnished and let pursuant to this Agreement shall be and hereby
are made a part of this Agreement by reference as if fully set out herein in full.
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6.7 Indemnification. The City and its officers, agents and employees shall not be
personally liable or responsible in any manner to the Developer, contractor or
subcontractors, materialmen, laborers, or to any other person or persons
whomsoever, for any claims, demands, damages, actions, or causes any action of
any kind or character whatsoever arising out of or by reason of the execution of
this Agreement, or the design, performance, and completion of the work and the
improvements to be provided by Developer pursuant to this Agreement. The
Developer shall hold the City and City Engineer harmless from claims by third
parties, including but not limited to other property owners, contractors,
subcontractors and materialmen, for damages sustained or costs incurred
resulting from plat approval and the development of the Property. The
Developer shall indemnify the City for all costs, damages or expenses, including
engineering and attorney's fees, which the City may pay or incur in consequence
of such claims by third parties.
6.8 License to Enter Land. The Developer hereby grants the City, its agents,
employees, officers and contractors a license to enter the Property to perform all
work and/or inspections deemed appropriate by the City during the development
of the Property.
6.9 Streets.
(a) During any period of spring weight restrictions, when the streets within
the Development have the first lift of pavement, but prior to final
acceptance of the improvements by the City, the Developer shall post
signage at each entrance to the Property as notice restricting access to
vehicles with an axle weight of seven tons or less.
(b) The Developer shall promptly clean any soil, earth or debris from streets
in or near the Development resulting from construction work by the
Developer or its agents or assigns as often as necessary and as directed
by the City for public safety and convenience. In the event the
Developer fails to clean the streets within 48 hours of the direction of the
City, the City may undertake the work and seek reimbursement from the
security provided by the Developer as set forth in paragraph 3.10 of this
Agreement, or alternatively, assess the cost against property owned by
the Developer within the City.
(c) Any damage to existing City streets due to construction activities within
the development shall be repaired to the satisfaction of the City at the
Developer's expense.
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6.10 Erosion Control. The Developer shall comply with all requirements of the
"General Storm Water Permit for Construction Activity" issued by the
Minnesota Pollution Control Agency for construction activities and with the
tasks on Exhibit "D" designated as the Developer's responsibility. In addition,
the City may impose additional erosion control requirements if in the opinion of
the City Engineer such requirements are necessary to retain soil and prevent
siltation of streams, ponds, lakes, or other adjacent properties, or of City utility
systems. The Developer shall comply with the erosion control plans and with
any such additional instruction it receives from the City. All areas disturbed by
the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Seed shall include rye grass or other fast
growing seed to provide a temporary ground cover as rapidly as possible. All
seeded areas shall be mulched and disc - anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion.
6.11 Site Grading.
(a) Site grading shall meet all of the requirements set forth in the City's
Development Manual, and in the General Storm Water Permit for
construction.
(b) When the site grading has been completed:
1. The Developer shall verify by field survey that the site grading has been
completed in accordance with the accepted grading plan submitted with
the preliminary plat documents, as modified by the construction plans.
The Developer shall submit the record site grading plan to the City for
approval within thirty (30) days of completion of the construction and
before the issuance of a building permit.
2. Elevations shall be taken on all lot corners, all buildings pads, and on
drainage breaks, ponding sites, ditches, and swayles. Arrows shall show
how the lot is to drain.
3. The approved site grading plan shall become the Development Plan.
4. The Developer shall make the Development Plan that identifies the
proposed structure /foundation style available to subsequent owners of
the lots purchased from the Developer, and to their builders. Upon
completion of the final lot grading by the lot owner, elevations shall
closely match those set forth on the Development Plan.
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6.12 Certificate of Compliance. This Agreement shall remain in effect until such
time as Developer shall have fully performed all of its duties and obligations
under this Agreement. Upon the written request of the Developer and upon the
adoption of a resolution by the City Council finding that the Developer has fully
complied with all the terms of this Agreement and finding that the Developer
has completed performance of all Developer's duties mandated by this
Agreement, the City shall issue to the Developer on behalf of the City an
appropriate certificate of compliance. The Acceptance of the Improvements
contracted in accordance herewith by the City does not constitute a certificate of
compliance and does not release the Developer from ongoing duties or
responsibilities arising under this contract. The issuance of a Certificate of
Compliance does not release the Developer or any Surety from warranty
responsibilities arising under Section 3.12 herein.
6.13 Public Land Contribution. The public land contribution will be satisfied by
Arcon pursuant to obligations set forth in a Developer Agreement between
Arcon and the City of St. Joseph, dated July 11, 2005, and any amendments
thereto or memorandum of understanding between the City of St. Joseph and
Arcon Development.
6.14 Time of Performance. The Developer shall install all required improvements for
the Development prior to the issuance of building permits by the City, with the
exception of the final wear course of asphalt on streets. The wear course on
streets shall be installed between June 15 and September 15 the first summer
after the base layer of asphalt has been in place one freeze -thaw cycle and
subject to the time requirements in Section 3.3 of this Agreement. The
Developer may, however, request an extension of time from the City. If any
extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases and the extended completion date. Final
wear course placement outside of this timeframe must have the written approval
of the City Engineer.
6.15 Ponds.
(a) Dedication of Pond Areas. The Developer will dedicate to the City as an
outlot the property shown for storm water or sedimentation holding pond
purposes on the Preliminary Plat and/or as required by the Plans and
Specifications. Said dedication shall include an access drive to the pond
site. Developer will dedicate the drainage and storm sewer utility
easements shown on the Preliminary Plat and/or as required by the Plans
and Specifications. The Developer agrees that all holding and
sedimentation ponds and drainage easements as shown on the
Preliminary Plat or as required by the Plans and Specifications are
required for the development of the Development Property.
2:14
NOTE: WE NEED TO CONFIRM IF THE DEVELOPER IS PROPOSING PUBLIC
POND IN AN OUTLOT.
(b) Cleaning of Ponds. At such time as the City Director of Public Works
determines that construction on the Development Property has been
sufficiently completed so as not to cause significant erosion which will
contaminate the holding ponds servicing the Development Property,
Developer will clean /dredge all holding ponds and storm water pipes on
the Property. In the event the ponds require cleaning/dredging prior to the
completion of all such construction, the City Director of Public Works
may request that the Developer complete more than one cleaning of the
holding ponds.
(c) Security Deposit. To insure that holding ponds serving the Development
Property are cleaned, and to insure that the Development is properly
cleaned pursuant to Section 8.9(b), the Developer will deposit with the
City $5,000.00 (which shall be placed in an interest bearing account with
interest accruing to the benefit of the Developer) or provide the City with
an irrevocable letter of credit in form and substance acceptable to the City.
Said deposit will be refunded to Developer (or the letter of credit released)
upon satisfactory cleaning of holding ponds and streets on the
Development Property. The City Engineer may release portions of said
deposit as ponds and streets are cleaned. Developer is responsible for all
permits relating to cleaning and dredging of ponds, including permits
required by the Department of Natural Resources and the Army Corps of
Engineers.
(d) Buffer Area Adjacent to Ponds. All ponds servicing the Development
Property whether such ponds are located on City owned property,
easements running in favor of the City or on private property must
maintain a minimum of an 8 foot natural buffer from the high water mark.
Notwithstanding the above, one access to each pond may be created by the
City in a location determined by the City in its sole discretion. Developer
shall be responsible for the cost of signage around said buffer areas
indicating that the buffer is part of a wetland restoration project which
may not be distributed without the written permission of the City. Said
signs shall be posted in locations reasonably determined by the City.
6.16 Storm Water. The Developer shall pay for storm water and drainage
improvements on the current development phase the greater of either (a) $.20
per square foot of the "Net Developable property", or (b) the actual cost (labor
and materials) plus related engineering cost for storm water improvements. The
Developer shall be given credit for the proportionate share of the pond
constructed by Arcon that directly benefits Rivers Bend Plat 2. This amount
shall be submitted to the City based on a written agreement determining the
amount between Arcon and Developer. "Net Developable Property" is defined
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as the gross land area minus street right -of -way and other land area dedicated to
the public. The Developer shall pay $ based upon Net
Developable Property of square feet. "Storm Water Improvements"
are defined as all storm sewer pipe, catch basins, manholes, riprap, and holding
ponds installed by the Developer's Contractor. If the Developer does not expend
at least $.20 per square foot of Net Developable Property on storm water
improvements, Developer shall remit the difference between the amount actually
spent on storm water improvements and the $.20 per square foot to the City.
This cost differential will be used for downstream storm water improvement
costs which may have been, or will be, incurred by the City. Developer shall
provide the City with a schedule of values for storm sewer improvements when
the project is substantially compete. Upon approval by the City of the schedule
of values, the City will invoice the Developer for the amount due. Payment is
due within two weeks of the date of the invoice.
6.17 Monuments. Developer may place, at Developer's sole cost and expense,
identification monuments on the entrances to the Development Property pursuant
to City Ordinance regulations. The location and type of monuments must be
approved by the City Engineer prior to installation. Prior to installation of any
monuments on the Development Property, Developer must create an association
to maintain said monuments. The association documents must be approved by the
City's attorney and originals provided to the City's attorney for recording against
the Development Property.
6.18 Reimbursement of City's Costs. The Developer shall reimburse the City for all
costs, including all reasonable engineering, legal, planning and administrative
expenses, incurred by the City in connection with all matters relating to the
negotiation, administration and enforcement of this Agreement and its
performance by the Developer. Developer shall also reimburse the City for any
add -to- construction costs related to the installation of street lighting or private
utilities within the Development. Developer shall also be responsible for the
cost of acquiring and installing street signage consistent with that used in other
recent developments within the City. Such reimbursement shall be made within
14 days of the date of mailing the City's notice of costs. If such reimbursement
is not made, the City may place a hold on all construction or other work related
to the Development, or refuse the issuance of building permits until all costs are
paid in full. The City may further declare a default and collect its costs from the
security deposited in accordance with Section 3.10 of this Agreement.
6.19 Renewal of Security. If any escrow account or bond deposited with the City in
accordance with this Agreement shall have an expiration date prior to the
Developer's obligations hereunder being complete, the Developer shall renew
such security or deposit substitute security of equal value meeting the approval
of the City at least thirty (30) days prior to the expiration of such security.
Failure to post such alternate security or renew such security shall constitute a
default and the City may place a moratorium on all construction or other work
2:16
related to the Development, refuse the issuance of building permits, and declare
the entire amount thereof due and payable to the City in cash. Such cash shall
thereafter be held by the City as a security deposit in the same manner as the
security theretofore held by the City.
6.20 Platting. Developer must include all of the Development Property in the final
plat of the first phase of the development, with future phases of the development
platted as Outlots. The final plat must be recorded prior to the City or
Developer initiating the installation of public and private improvements on the
Development Property.
6.21 Utility Location. Developer agrees that all utilities within the Development will
be installed underground, including without limitations electrical, telephone,
cable television and natural gas. Developer may receive an exemption from this
requirement if Developer demonstrates to the City Engineer that underground
utilities would not be physically possible. Any exemption shall be limited to the
minimal area necessary.
6.22 Plat Dedication. Upon approval and execution of this Agreement, the City shall
approve the final plat provided it otherwise meets the requirements of the City's
Ordinance governing Subdivisions. If the Plat contains the dedication of an
easement, the use of property within the area of an easement is specifically
restricted by prohibiting the construction of any structure or fence, planting trees
or shrubs, or storing of personal property within the area of the easement which
could delay, restrict or impede access within the easement area by a person or
vehicle.
6.23 Street Lighting and Signage. Developer shall be responsible for the cost of
purchase and installation of street lights and street signs. Developer will name
all streets within the Development in accord with City Ordinance regulations.
The improvement shall not be accepted until installation of street lights and
street signs is completed.
6.24 Wetlands. Developer shall take the following precautions to protect any
wetlands within the Property, as that term is defined in Minnesota Statute
Section 1038.005, Subd. 19;
(a) Upon completion of the site grading, place signs on any lots containing
wetlands or drainage easement providing notice of the location of the
wetland or drainage easement. The signs shall be in a form and size as
prescribed by the City and available for purchase through the City
Administrator /Clerk's office. The location and number of signs for each
lot shall be as required by the City Engineer.
(b) Prohibit filling of wetlands so long as Developer is the owner of the
affected lot.
2:17
(c) Developer will, simultaneous with recording of the initial plat for the
• Development Property, provide an easement and development restriction
to the City protecting the wetlands areas located within lots shown on the
Preliminary Plat. Said easement and development restriction shall be
drafted by the City Attorney and must provide that the wetlands located
on the lots shown on the Preliminary Plat may not be filled or distributed
without the permission of the City, which it may deny in its sole
discretion, and any other applicable agency. Developer will provide
signs on the Development Property indicating the location of the
protected wetlands. All signs and locations must be approved by the
City prior to installation.
(d) Notwithstanding anything in this Agreement to the contrary, the
Developer shall be responsible for all wetland mitigation which is
required for construction of any of the public and private improvements,
and Developer shall be responsible for all wetland mitigation which may
be required because of work done by or under the direction of the
Developer in the areas designated as future park. Developer will
complete and pay for all permitting costs, including monitoring as
required by the permit, credit purchases, and /or other mitigation costs
which may be involved. The City may, however, take action to
minimize charges or costs to the City in the event the Developer fails to
obtain all permits and complete all mitigation which may be necessary
for the construction of the public and private improvements and/or work
in future parklands.
6.25 SAC/WAC and Trunk Charges.
(a) Water and Sewer Connection Charges. In addition to the other
assessments and costs as set out herein and regardless of whether the
Developer or the City install the public and private improvements on the
Development Property or any part of the Development Property,
Developer will pay water access charges (WAC) and sewer access
charges (SAC) in accord with established City policy. The water and
sewer connection charges shall be paid as follows: 33% of the charges
to be paid prior to the issuance of the building permit, and the balance of
the charges to be paid before issuance of the Certificate of Occupancy, or
within twelve (12) months after issuance of the building permit,
whichever occurs first. The Developer shall provide security for the
WAC and SAC charges which security is acceptable to the City prior to
approval of the final plat.
(b) Water and Sewer Area Trunk Charges. Developer will sewer area trunk
charges and water area trunk charges as follows: 33% prior to issuance
of the building permit, and the balance prior to issuance of the Certificate
2:18
of Occupancy, or within twelve (12) months after issuance of the
building permit, whichever comes first. The Developer shall provide
security for the sewer area trunk charges and water area trunk charges
which security is acceptable to the City prior to approval of the final plat.
6.26 Plowing Snow during winter carry-over. The Developer shall allow one winter
to pass after the bituminous base course has been placed before constructing the
bituminous wear course. The wear course will typically be placed near the end
of the construction season following winter carry-over. The city will plow those
streets necessary for reasonable access to lots where building permits have been
issued provided the following conditions have been met:
(a) The Developer is current on all requirements in this Developer Agreement.
(b) The "as- built" grading plan has been completed and all grading and
erosion control items are current.
(c) Private utilities have been installed.
(d) All sanitary sewer and water main items have been tested and approved.
(e) Storm sewer, concrete curb and gutter and bituminous base course have
been constructed to project specifications.
(f) All signage is in place.
(g) All valve box and manhole castings have been set below the surface of
the bituminous base course and are accessible (castings will be adjusted
with risers before placing the bituminous wear course).
Any damage to the curb and gutter or other improvements due to snow plowing
operations will be repaired by the Developer before placing the final wear
course. The Developer will remove any snow banks or piles that have
accumulated due to snow plowing operations that restrict access to building
sites. Snow plowing in new developments will typically be scheduled after other
existing streets have been plowed.
6.27 Default and Remedies. If Developer fails in any way to perform or observe any
covenant, condition, or obligation contained in this Agreement the City may do
any, all or any combination of the following: (i) halt all further approvals
regarding platting, improvements or issuance of building permits or occupancy
permits relating to the Development Property, (ii) seek injunctive relief, (iii)
terminate this Agreement and all of the obligations contained herein without
terminating Developer's obligation to reimburse the City for costs it has
incurred with regard to this Agreement or the Development Property; (iv) draw
on or utilize any funds or other security which have been provided to the City
2:19
pursuant to this Agreement; and/or (v) take any other action at law or in equity
which may be available to the City.
6.28 Assignment.. This Agreement may not be assigned by Developer except upon
obtaining the express written consent of the City. Unless expressly released by
the City, Developer shall remain obligated to fulfill the duties required under
this agreement.
6.29 Integration. This Agreement contains all of the understandings and agreements
between the parties. This Agreement may not be amended, changed, or
modified without the express, written consent of the parties hereto.
6.30 Execution in Counterparts. This Agreement may be executed in any number of
Minnesota.
6.31 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to
this Agreement. Developer is hereby advised to seek independent legal advice
prior to execution of this Agreement.
6.32 Additional Terms. The following additional terms are being made a part of this
Development Agreement to continue in force and effect as though they were
dedications of the plat, unless according to their terms are intended to terminate
earlier:
(a) The Developer shall file protective covenants for the Subdivision in the form
attached hereto as Exhibit "C ".
(b) The Developer guarantees payment of all assessments levied against any of
the Property relative to the construction of the Plan A Improvements. The
Developer also agrees to immediately reimburse the City for any principal or
interest payable on bonds issued by the City to finance Plan A
Improvements if assessments collected are insufficient to cover the payment.
Signed and executed by the parties hereto on this day of , 2010.
ATTEST CITY OF ST. JOSEPH
By By
Judy Weyrens Al Rassier
City Administrator Mayor
2:20
DEVELOPER
Dean Virnig
Lois Virnig
Bryan Virnig
STATE OF MINNESOTA )
)ss
COUNTY OF
This instrument was acknowledged before me on , 2010 by Al Rassier
and Judy Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph a
Minnesota municipal corporation, on behalf of said City.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
STATE OF MINNESOTA )
)ss
COUNTY OF )
This instrument was acknowledged before me on , 2010 by Dean
Virnig, Lois Virnig, husband and wife, and Bryan Virnig, and executed the above Agreement on
behalf of said corporation.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
TAX STATEMENTS FOR THE REAL
PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD CONTINUE TO
BE SENT TO PREVIOUS OWNER
2:21
THIS DOCUMENT DRAFTED BY:
Thomas G. Jovanovich - 5284X
Rajkowski Hansmeier Ltd.
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, MN 56302
Telephone: (320) 251 -1055
•
2:22
EXHIBIT A
PLANS AND DRAWINGS
2:23
EXHIBIT B
CONSTRUCTION DOCUMENT REQUIREMENTS
(1) Soils Analysis
u Location map showing boring and piezometer locations
❑ Soil boring logs
o R- Values or Soil Factors used for design
❑ Structural recommendations for streets and trails
(2) Engineer's Preliminary Estimate and Final As -Built Costs
o Itemized quantities
❑ Unit prices
(3) Construction Plans
❑ Title sheet with general location map and index
❑ Typical Sections for streets, driveways, parking lots, trails, and landscape features
o Typical Details for sanitary sewer, water main, storm sewer, sedimentation and holding ponds,
curb gutter and sidewalk, and erosion control items
❑ Complete schedule for sanitary and storm sewer structures
❑ Traffic Management Plan showing how construction traffic will be routed from the
collector /arterial network to the site, phasing plans, detours, and seasonal load restrictions
❑ Grading and Surface Restoration Plan showing excavation/embankment balance, building pad
elevations, hold- downs, house types for each pad, spot elevations at lot corners, overflows, and
other critical areas, drainage arrows showing how all surface water is intended to drain,
provisions for private utility installation, and site access locations
❑ Landscape Plan if shrubs, trees, or other plantings are to be provided
❑ Erosion Control Plan
❑ Striping, Signage, and Street Lighting Plan
❑ Plan and profile sheets for streets and storm sewer, with match lines between sheets, including
temporary cul -de -sacs between phases, and any turning/bypass lane requirements of Stearns
County.
o Plan and profile sheets for sanitary sewer and water main, with match lines between sheets,
showing existing conditions and proposed construction, and showing stations for all stubs and
service connections
(4) Construction Specifications/Project Manual
o Advertisement/Invitation for bids
o Complete bid schedule
❑ Basis of award if alternate bids are called for
o Performance and payment bond forms approved by the City
2:24
EXHIBIT B (continued)
❑ General Conditions
❑ Special /supplementary provisions including the following:
• Contractor's liability insurance
• Related work at the site (private utilities, other contractors)
• Correction period (2 -year warranty)
• Mediation as means for dispute resolution
• Substantial and final completion dates (allow for holding off on wear course)
• Ownership /disposition of excess excavation materials
• Field office
• Shop drawing and submittals process
• Laboratory testing requirements including an itemized list of tests to be conducted
• Soil borings
❑ Storm Water Pollution Prevention Plan (SWPPP) including provisions for dewatering
(5) Operation and Maintenance Manuals
o Documents for all mechanical and electrical equipment
(6) Record Drawings
o Final modifications to details and typical sections
o Final location for all pipes, valves, manholes, catch basins and sewer /water services
o Final modifications to pipe sizes and materials
❑ Final elevations for all pipe and structure inverts
2:25
EXHIBIT C
CONSTRUCTION DOCUMENT SUBMITTAL
(1) Soils analysis
❑ Two (2) bound copies submitted prior to design
(2) Engineer's Preliminary Estimate
❑ Seven (7) copies with plans and specifications
(3) Construction Plans
❑ Seven (7) reduced scale (11 "x17 ") copies
❑ Two large scale (22 "x34 ") copies
(4) Construction Specifications/Project Manual
❑ Seven (7) bound copies
(5) Completed Bid Forms
o Two (2) copies of the actual low bid
❑ Two (2) copies of a complete tabulation of all bids submitted
(6) Contractor's Bond and Insurance
❑ Two (2) copies of the performance bond
❑ Two (2) copies of the payment bond
❑ Two (2) copies of the contractor's insurance certificate
❑ Two copies of the executed agreement between contractor and developer
(7) Permits
❑ Two (2) executed copies of all permits
❑ Two (2) executed copies of all storm water permit transfers or modifications
❑ Two (2) executed copies of all storm water permit subdivision registrations
❑ Two (2) copies of NPDES Transfer or Termination Form
(8) Schedule
o Two (2) copies of contractor's schedule including updates
(9) Shop Drawings and Change Orders
❑ Two (2) copies of shop drawings with final revisions
o Two (2) executed copies of all change orders and/or supplemental agreements
(10) Operation and Maintenance Manuals
❑ Two (2) sets of bound documents
(11) Record Drawings
❑ Two (2) reduced scale (11x17) copies
o One (1) electronic copy in autocad or microstation format
(12) Final itemized, as- built, construction costs and quantities for street, stormwater, sanitary sewer and
watermain improvements.
2:26
EXHIBIT D
EROSION CONTROL PROCESS
Task Responsible Party Action By
Prepare SWPPP and obtain General Storm- Developer (private) or City Developer's Engineer if private
Water Permit from MPCA. (public) project. project, City Engineer if public
project.
Establish erosion/sediment control and mass Developer (private) or City Contractor
grade the site. (public) project.
Place topsoil, seed, mulch except on Developer (private) or City Contractor
boulevards and front yard utility easements. (public) project.
Bring transformer pads to grade. Wait for
private utilities.
After curb and gutter is in, install private Developer. Private Utility companies.
utilities in easement area.
After utilities are in, construct sidewalk. Developer (private) or City Contractor
(public) project.
Place topsoil, seed, and mulch on remaining Developer (private) or City Contractor
disturbed areas. (public) project..
Complete "as- built" survey for all site grading. Developer (private) or City Developer's Engineer if private
This now becomes the "Development Plan" (public) project. project, City Engineer if public
project.
Place silt fence behind curb (or sidewalk) Developer (private) or City Contractor
throughout development. (public) project.
Set Property Irons. Developer Developer's Surveyor
Transfer permit to Developer when City City Engineer
construction is complete.
Sell lot. Issue MPCA homeowner fact sheet, Developer Developer
and make Development Plan and SWPPP
available to Builder.
Submit building permit application. Include Owner Builder
site survey and MPCA "Subdivision
Registration".
Issue building permit. City Building Inspector
Construct 24' wide opening in silt fence at Owner Builder
driveway and place rock entrance. Place
additional silt fence as necessary to keep soil
on lot.
Maintain silt fence and other erosion/sediment Developer, or Owner if Developer, or Builder if sold.
control items. sold.
Sweep streets as required. Developer Developer, or City if agreement to
back charge Developer.
Submit certified lot survey showing final Builder Builder
structures and lot elevations.
Issue Certificate of Occupancy. City City
Submit "Notice of Termination" to MPCA Developer Developer
2:27
within 30 days of final site stabilization and
removal of all non - builder silt fence and other
erosion/sediment control items.
2:28
CITY OF ST. JOSEPH AMENDMENT TO DEVELOPER AGREEMENT BETWEEN
THE CITY OF ST. JOSEPH AND ARCON DEVELOPMENT, DATED JULY 11, 2005,
AND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF ST. JOSEPH AND ARCON DEVELOPMENT, DATED FEBRUARY 13, 2006
THIS AGREEMENT, made and entered into this _ day of , 2010, by and
between the City of St. Joseph, Minnesota, a municipal corporation, (hereinafter called the
"City ") and Arcon Development, Inc., a Minnesota corporation, (hereinafter "Arcon ").
RECITALS:
Whereas, Arcon and the City have entered into a Developer Agreement, dated July 11,
2005, and a Memorandum of Understanding, dated February 13, 2006, regarding the
development of real property, legally described on Exhibit A (hereinafter called the "Property"
or "Development Property") attached hereto and made a part hereof;
Whereas, the City and Arcon desire to amend paragraph 7.13 of the Developer
Agreement, dated July 11, 2005, and paragraph 4 of the Memorandum of Understanding, dated
February 13, 2006.
Whereas, it is the express intent of the parties that the Developer Agreement of July 11,
2005, and the Memorandum of Understated of February 13, 2005 between Arcon and the City
shall remain in full force and effect, except as amended by this Agreement.
Now, therefore, in consideration of the mutual covenants expressed herein, IT IS
HEREBY AGREED AS FOLLOWS:
1. Paragraph 7.13 of the Developer Agreement, dated July 11, 2005, and paragraph 4
of the Memorandum of Understanding, dated February 13, 2006, between Arcon and the City
shall be amended to read as follows:
Arcon shall dedicate 44 acres of land (exclusive of wetlands) within the
Development to the City. The dedicated land is identified on the final plat as
Outlot D ( "Neighborhood Park ") and Outlot L ( "Sauk River Park ").
2:29
Arcon agrees to convey to the City by warranty deed the Sauk River Park area (Outlot L)
on September 30, 2011. Arcon will complete access to and provide final site grading and
seeding in the park as required by City Ordinances now in effect at the time any contiguous
property to the park is platted or utilities are available at the site, whichever occurs first. Site
grading on the park will include access to the park from County Road 121, site grading of a
parking lot, and grading to the canoe access road. Arcon agrees to extend a 6 -inch sewer and 6-
inch water stub 140 feet beyond the right -of -way line of Rivers Bend Parkway in the vicinity of
Sullivan Street, the exact location of which shall be determined by the City, at such time as
permanent streets are installed to that phase. Arcon will be reimbursed for the cost of this
extension through trunk fee credits. Arcon agrees to provide a paved entrance road with a
minimum width of 24 feet with curb and gutter and a paved parking lot (with perimeter curb and
gutter) at a location and size to be determined by the City to Sauk River Park. The City shall be
responsible for all other construction within the Sauk River Park.
Arcon shall convey to the City by warranty deed Neighborhood Park (Outlot D) at the
time contiguous property to Outlot D is platted. At the time Outlot D is conveyed to the City,
Arcon will complete access to and provide final site grading and seeding, as required by City
Ordinances now in effect, for the Neighborhood Park. The Park Board will provide Arcon with a
plan for this park prior to commencing improvements.
Deeding of either of the parcels for park purposes to the City shall not relieve Arcon of
its obligation to develop the parks in accordance with this Agreement. The City shall grant to
Arcon a license to enter the park property for the purpose of constructing utilities and grading in
accordance with the plans approved by the City. Arcon shall agree to indemnify and defend the
City against any and all claims for personal injury or property damage arising from Arcon's
activities in the park property. Arcon shall grade the park property in accordance with the final
grading plans approved by the City.
No additional dedication of park property shall be required of Arcon for development of
any other portion of the property described in the Developer Agreement between Arcon and the
City, dated July 11, 2005.
2. The terms and provisions of this Amendment to Developer Agreement, dated July
11, 2005, and the Memorandum of Understanding, dated February 13, 2006, shall be binding
upon and accrued 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 Development
and shall be deemed covenants running with the land.
3. Nothing in this Amendment to Developer Agreement shall amend, change, or
modify any of the terms and conditions of the Developer Agreement, dated July 11, 2005, or the
Memorandum of Understanding, dated February 13, 2006, entered into by the parties, except as
expressly amended in this Amendment to Developer Agreement.
2:30
Signed and executed by the parties hereto on this day of , 2010.
ATTEST CITY OF ST. JOSEPH
By B
Judy Weyrens Alan Rassier
City Administrator Mayor
ARCON DEVELOPMENT
13y
Name
Title
. 2:31
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
On this day of , 2010, before me, a notary public within and for said
County, personally appeared Alan Rassier and Judy Weyrens, to me personally known, who,
being each by me duly sworn did say that they are respectively the Mayor and the City
Administrator /Clerk of the City of St. Joseph, the municipal corporation named in the foregoing
instrument, and that the seal affixed to said instrument is the municipal seal of said corporation,
and that said instrument was signed and sealed in behalf of said municipal corporation by
authority of its City Council and said Mayor and City Administrator /Clerk acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2010 by
, the of Arcon Development, executed the above
Agreement on behalf of said corporation.
Notary Public
TAX STATEMENTS FOR THE REAL
PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD CONTINUE TO
BE SENT TO PREVIOUS OWNER
THIS INSTRUMENT WAS DRAFTED BY:
Thomas G. Jovanovich - 5284X
Rajkowski Hansmeier Ltd.
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, Minnesota 56302
Telephone: (320) 251 -1055
2:32
3701 12th Street North, Suite 206
St. Cloud, MN 56303
PHONE 320 -253 -9495
FAX 320-253-8737
Westwood TOLL FREE 800 - 270 -9495
www.westwoodps.com
September 17, 2010
Judy Weyrens
City Administrator
City of St. Joseph
25 North College Avenue
St. Joseph, MN 56374
Re: River's Bend Plat 2
File 20105060
Dear Judy:
I received Randy Sabart's comments dated September 1, 2010 for the Rivers Bend Plat 2
development. I would like address each of his comments individually:
General
1. Sanitary sewer and watennain will be provided through these areas. Easements will be
per the requirements in the City Engineer's comments. Utility construction is exempt
from wetland permitting if the wetland is put back as it was before.
2. The Traffic Control Plan is attached in the Specifications. A striping and signage plan
has been added to the plan set.
3. The original geotechncal report is attached.
4. The pond is now in its own Outlot.
5. We have contacted Jeff Miller at Stearns County regarding the turn lane construction.
They are agreeable to only constructing the right turn lane with this phase, however they
would like a statement regarding when the left turn lane will be constructed. It is our
preference that the development to the south would trigger the left turn lanes. Due to
sanitary sewer grades, the next phase of construction extending from the end of this phase
will be limited to approximately the same number of homes. Any additional phases in
this area would come from the Jade Road Extension. When the area to the south of our
phase develops, it will have the area to add substantially more traffic than the 24 -lots to
the north. Therefore, we ask that the larger development to the south be the trigger for
the left turn lanes.
6. The easement has been modified.
7. The walk/trail issue was addressed at the Planning Commission meeting, and it was
agreed that we could provide for pedestrian traffic on one side of the road. Current City
standard streets include a 32 -foot and 36 -foot wide section. A 32 -foot wide street was
originally proposed for this development. With the addition of the pedestrian traffic, we
are now proposing a 34 -foot wide road. This would allow for 2 12 -foot drive lanes, a 6-
Land and Energy DEVELOPMENT CONSULTANTS •11111111111111111111•11111111111 2 :33
September 17, 2010
Page 2
foot parking space on one side, and a 4 -foot pedestrian area' on the other side. The
pedestrian area would be delineated with a 4" fog line and "PED ONLY" markings. The
pavement markings will keep the clutter of signs away from the development.
8. The Owner will provide the Contractor's Estimate.
9. No sign or monument is proposed at this time.
Grading and Erosion Control Plan
10. Please find as -built shots of the pond attached.
11. Wetland signs are now shown on the plan.
12. Please see attached correspondence from the County. They would prefer to have the
storm sewer pipe extend into the wetland rather than creating a ditch between the pipe
outfall and the existing ditch.
13. Drainage is provided across the cul -de -sac. Pavement is provided at curb and gutter ends
to prevent washouts. Storm drain discharge point is aimed at road subcut; there is not a
back of channel to erode.
14. Lot 3, Block 1 is a combination of previously proposed lots, all of which were at a 1073.0
elevation. The as -built shots show the pads being graded at 1071.8 and 1071.6. The lot
adjacent to the east of this lot had a proposed elevation of 1072.5. We are currently
proposing an elevation of 1072.7 which is consistent with the overall grading plans (both
previous and current), matches the as- builts better, and follows the road grade. We
request clarification as to why the previous plan is being considered the "minimum"
elevation.
15. The temporary cul-de-sac is designed to typical parking lot standards. A minimum of 1%
slope to sheet storm water off the bituminous is provided.
16. This note has been added.
17. The CR 121 ditch is intended as the outlet for the wetland.
18. While it is conceivable that the current runoff from the previous grading activities might
be higher than the ultimately proposed runoff, this difference is negligible. The wetland
elevation difference from pre - development to ultimate was 0.10'. Additionally, the
previously graded area: is similar in size to the pre- development drainage area, has streets
subcut over 2 -feet which will pond water, has low points with no storm sewer which will
pond water, and is vegetated. Runoff from the previously graded area should be similar
to existing conditions. Assuming the double barreled culverts mentioned are the 44" RC
culverts at approximately STA 508+00 of the CR 121 Trail in the 2007 Jade Road
Improvements, the trail has an elevation of below 1070.0 and is upstream of the current
development. All proposed pads in the current development are over 1 -foot above the
trail elevation.
19. The detail has been modified to include only fabric.
20. Temporary erosion control measures have been added in the swale upstream of Pond 204.
21. Benchmark information have been added
22. The 70 -foot setback has been noted.
23. Public works to address.
2:34
September 17, 2010
Page 3
Utility Plan
24. Sanitary manholes and watermain have been adjusted.
25. The watermain/storm sewer crossing at STA 6 +00 is insulated. Insulation added to water
service /storm sewer crossings.
26. Hay bales have been removed and backfill has been added.
27. Provisions have been made for this.
28. Structure 202 will be located outside wheel paths.
29. We request clarification of why a cleanout will not be adequate for the end of the sanitary
sewer run. A manhole will be added in the future with the next addition.
Hydrology
30. The M -1 mitigation area Certificate of Compliance is attached.
31. The SWPPP is open and has been updated per MPCA NPDES requirements. The permit
will be transferred per MPCA NPDES requirements.
32. 1067.5 is the correct elevation. This has been updated in the model and plans. This has
not caused any changes to the HWL, however the HWL has increased slightly due to
raising the outfall to the wetland. The revised elevation has been added to the plans.
33. Trash guards have been added.
34. Hydrology calculations have been added.
Construction Details
35. City details are now referenced.
36. Pavement section and boulevard restoration has been revised.
37. A detail.has been added. It is not anticipated that foundation draintile will be required.
38. Per Comment #5, we are currently working on this.
39. City details added.
40. City details now referenced which address chimney seals.
41. Timber or concrete blocking for watermain has been removed.
42. City details added.
Project Manual
43. Supplementary Conditions:
a. SC -5.04:
i. Insurance requirements revised.
ii. Insurance requirements revised.
iii. SEH added.
b. SC- 13.07: Correction period lengthened to 2- years.
44. Special Provisions to the Standard Highway Specifications:
a. Bluetops added.
b. Maximum Density Method added.
c. Concrete sidewalk removed.
d. Signs revised.
• 2:35
September 17, 2010
Page 4
e. Specifications were taken from 2005 Rivers Bend project. It was determined at
that time to try wood chips behind the curb for erosion control. This has been
removed and replaced with language regarding erosion control blanket.
45. Special Provisions to the Standard Utility Specifications:
a. Backfill compaction requirements in green areas revised.
b. Pipe depth revised.
c. All concrete pipe shall be reinforced.
d. Water service pipe material identified on drawings and in CEAM.
46. Quality control testing defined in Section 6.0
47. Sanitary sewer will be jet cleaned and televised. See Section 6.0
Please contact me if you have any questions.
Sincerely,
WESTWOOD PROFESSIONAL SERVICES
•
441z ifN
William R. Huston, PE
Project Manager
CC: Randy Sabart, SEH, Inc. (w/ enclosures)
Cory Ehlert, Edina Realty (w/ enclosures)
Mike Hayman, SRWD (w/ enclosures)
2:36
J
SEH MEMORANDUM
TO: Judy Weyrens
City Administrator
FROM: Randy Saban, PE
April Ryan, PE
DATE: September 20, 2010
RE: St. Joseph, Minnesota
2010 Rivers Bend Plat 2
Final Plan and Plat Review
SEH No. STJOE GEN D111
I reviewed the preliminary grading and utility plans dated August 20, 2010, and have the following
comments. Reference is made to my September 1 letter for numbered comments:
General
1. The potential to extend sanitary sewer north along a side yard line (between Lots 2 and 3, Block
1) was discussed at the staff meeting with the developer. If the sanitary sewer is provided, a
minimum 40 feet wide utility easement must be platted. The appropriate wetland impact
permitting must also be submitted. If water main is to be extended, a minimum 20 feet wide
utility easement must be platted.
a. The developer's engineer indicated that "utility construction is exempt from wetland
permitting if the wetland is put back as it was before." Mitigation may be exempt, but the
applicant is still typically obligated to submit a permit documenting the proposed
impact.A brief email or correspondence from Stearns County Environmental supporting
the engineer's understanding would be appreciated.
2. Submit a traffic control and permanent signing plan. Provide Type III barricades with a sign
indicating "future street" at the end of the temporary cul-de -sac.
a. The plan should address signage and markings for the pedestrian crossing to the trail on
the west side of CR 121 and the right turn lane striping and changes on CR 121.
b. The plan should identj the street name signage and locations of the wetland signs.
5. The plat and plan must be reviewed by Stearns County. The preliminary plan drawings identified
left turn lane construction on CR 121; however, the construction of the left turn lane is not
represented in the submittal.
a. Confirm submittal of Stearns County's review letter.
b. If Stearns County and the City are agreeable to delaying the left turn lane construction
on CR 121, future construction at Lanigan Avenue or at the southeast end connection to
Jade Road should trigger the turn lane construction. It would be beneficial to document
such in the developer's agreement and to have documentation that Arcon understands
this will become an expectation of them (or their successors) with future development
activity.
Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302 -1717
SEH is an equal opportunity employer 1 www.sehinc.com 1 320.229.4300 1 800.572.0617 1 320.229.4301 fax 2 :87
2010 Rivers Bend Plat 2
September 23, 2010
Page 2
6. Modify the geometry of the easement for the temporary cul -de -sac to include the utility stubs and
drainage to the pond.
a. Staff should confirm that this easement is received with the final plat.
7. Given the proximity to the school and to CR 121, the City should determine any requirements of
the developer for a sidewalk or trail (or the grading to accomodate future work).
a. Based on the discussion at the Planning Commission meeting, the developer proposes to
construct a striped, 4-foot widened shoulder on the south side of the street. It should be
noted that the proposed shoulder would not meet Mn/DOT bikeway facility standards
(the standards measure 4 feet from the face of gutter, not the face of curb), and it is not
intended to be an on- street trail. On- street bikeways would typically be provided on both
sides of the street.
b. Address the embankment, frail, and drainage construction on the south side of CR 121 to
accomodate a trail connection.
8. Provide a list of bid items and associated preliminary engineer's opinion of construction cost for
the proposed work.
a. To be submitted by developer
Grading and Erosion Control Plan
9. Submit as-built survey shots of the grading for Pond 204 illustrating conformance to Phase 1
pond design.
a. The grades on the south side of the pond appear to be 1 -2 feet high with respect to the
proposed pond grades. Demonstrate through an updated hydrology model if adequate
pond capacity still exists. Otherwise, grade the south pond slope to the proposed grades.
Utility Plan
24. Sanitary sewer manholes shall be located at the street centerline. Adjust structures 1 -3 and the
water main alignment accordingly.
a. Add a gate valve to the southeast side of the tee near Station 2 +70.
b. The hydrant spacing changed with the resubmittal and resulted in one less hydrant and
more limited coverage near CR 121. Adjust hydrant coverage.
c. Minor: correct the linework for hydrant lead near Station 4 +20 (connect to the water
main and not the sanitary sewer)
29. The upstream end of the sanitary sewer shall terminate at a manhole and not a clean -out.
a. 1 acknowledge the desire for a cost - sensitive alternative to a manhole. At issue here is
striking a balance between the duration for which the cleanout will remain and the
difficulty the cleanout creates for public works staff to properly jet clean and maintain
the sanitary sewer. Staff's preferred jet cleaning equipment will not fit through a
cleanout, and alternate, less- effective equipment will have to be used while the cleanout
is in place.
2:38
2010 Rivers Bend Plat 2
September 23, 2010
Page 3
Hydrology
30. The applicant shall confirm the wetland monitoring status and acceptance of wetland mitigation
sites from the Phase 1 grading improvements.
a. The referenced M -1 mitigation area Certificate of Compliance was not found attached.
Please submit.
Construction Details
36. Reference Mn/DOT 2360 SP bituminous mixtures for the typical street section. Provide Type C
asphalt oil (PG 58 -34). Substitute a Mn/DOT Category 3 erosion control blanket in lieu of the
referenced two rolls of sod behind the curb on the detail.
a. The soils report recommends 24- inches of sand subbase over the lean clay soils. Adjust
typical section to comply with the soils report recommendations.
b. Provide the geotextile fabric below the sand base as referenced in the geotechnical
report. Given the low blow counts of the soft lean clay subgrade, consult the geotechnical
engineer as to the additional (strength/stability) requirements for the geotextile.
37. Define subsurface drain construction on the plan and typical section. Identify the need for
individual lot subsurface drain connections based on the proposed home construction (Will the
proposed patio home construction still need foundation drains ?)
a. Given the subgrade soils, subsurface drains should be continuous with the street unless a
different recommendation is made by the soils engineer.
38. Confirm acceptability of the turn lane typical section and construction phasing with the Stearns
County Highway Department.
a. It is noted that the proposed right turn lane grading is accomplished by the addition of a
12 foot lane on the north side of the existing CR121 pavement with no change to the
alignment/striping of the through lane. T he original subdivision preliminary plans,
however, proposed that the CR 121 through lane would be shifted 6 -7 feet north likely to
make room for left and right turn lane construction on the other side of CR 121 and to
minimize the amount of shift to the through lanes. Given the prominant ditch and trail on
the south side and the additional southbound through lane shift that will occur, the
applicant should:
i. Ensure that the widening that will need to occur on the south side of CR 121 for
left and right turn lanes at Lanigan Ave SE can be constructed without adverse
affects to the trail and ditch slopes, or.
ii. Build the geometry of the northbound right lane now to accomodate the future
shifts in lane alignments.
42. Provide common private utility trench detail.
cb /djg
c: Terry Thene, City of St. Joseph
Ron Wasmund, Inspectron, Inc.
Will Huston, Westwood Professional Services
d i l l 1 l 2010 arcon river's bend patio home subdkorr\n►cily prelim final plan rev 092010.doc
2:39
THIS PAGE INTENTIONALLY LEFT BLANK
2:40
crrr oP NT. JOSEPH Planning Commission Agenda Item 6
MEETING DATE: September 13, 2010
AGENDA ITEM: Public Hearing, Rivers Bend Plat 2
a. Rezoning, Agricultural to R4
b. Preliminary Plat
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission and City Council
have previously considered and approved a preliminary plat entitled Rivers Bend and on July 11, 2005
the City executed a Development Agreement between the City of St. Joseph and Arcon Development.
The Development Agreement memorialized the development of property known as the Heim /Bechtold
farm. The development included a mix of housing types and in 2006 and 2007 the agreement/terms
were amended, partly due to the severing of a parcel of land for Kennedy School. The plat was modified
when the District purchased the property and the environmental documents were updated.
In 2007 the City completed an improvement project which extended utilities to the Rivers Bend area so
that utilities would be available for the School. Arcon incurred assessments in the amount of $ 1.5
Million in infrastructure costs including utilities and trail and lighting.
BACKGROUND INFORMATION: Staff has been approached by a developer representative who is
considering a small portion development of the Arcon Property. The proposed development would be a
small portion on the east side of CR 121.
In the past, a single plat development included phasing, usually including between 20 and 40 lots. With
today's economic conditions and the real estate climate, plats are smaller to help reduce the individual
lot costs, making the development more viable. In reviewing the proposed development, the utilities
would be available and the development would be consistent with the preliminary plat previously
approved by the City. The City has entered into three different agreements with Arcon, one for the
overall development, one with including the school and improvements and an MOU.
The City has received and is in the process of reviewing the development application for the first
housing plat in the Arcon area. The proposed plan will include 12 single family homes, constructed as
patio homes. The proposal includes rezoning the area from current agriculture to R4 Townhome /Patio
Homes. At the time Arcon was completing the PUD process the City did not have an R4 Zoning district,
but identified the area being platted as medium density, which meets the R4 Zoning requirements.
The staff has reviewed the proposed plat in relation to the PUD approved by the City. The following
facts were determined:
• The environmental documents prepared and analyzed for the Arcon development is still
valid, therefore additional environmental studies are not required.
• The approved PUD identified the subject property as medium density with townhomes,
the plan before the Council has reduced the density, meeting the intent of the original
PUD.
2:41
• Utilities are available to the site and the developer and engineer are researching the
most economical method for continued extension of services to prevent additional costs
in the future.
• The proposed development is consistent with the Comprehensive Plan.
The developer has been working to submit all required documents for fall construction. Therefore at
the time of writing this memo, not all the plans have been reviewed. The matter has however been
published and notices mailed to affected property owners. The City Engineer and City Attorney will be
present at the meeting to help answer any questions you may have. As you may recall the Planning
Commission has waived the need to approve the final plat as long as it consistent with the approved
preliminary plat. This matter will not be placed on the Council agenda until all the information has been
submitted and all issues are addressed.
ATTACHMENTS: Request for Council Action 6:1 -2
• Public Hearing 6:3
Application for Planning consideration 6:4-5
Original Preliminary Plat illustration 6:6
Application for subdivision review 6:7 -13
Rivers Bend Plat 2 6:14
Arcon letter 6:15 -16
Comprehensive Plan Extract 6:17
Notification to Stearns County 6:18
Ordinance Extract, Rezoning 6;19 •
REQUESTED PLANNING COMMISSION ACTION: Two actions are required by the Planning Commission.
Since this is a public hearing, the hearing must opened and either closed or if additional information is
needed the matter can be tabled. The first action item is the rezoning request, recommending the City
Council approve the rezoning from Agricultural to R4, Townhome /Patio Home. Once the zoning is
complete the Planning Commission must make a recommendation to the Council approving/denying or
tabling action on the Preliminary Plat.
2:42
CITY OF ST. P
Joss H
vrwev. cityof stjoseph.com
City of St. Joseph
Public Hearing
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
Monday, September 13, 2010 at 7:10PM at the St. Joseph City Hall, 25 College Avenue N. The
Administrator purpose of the hearing is to consider the Planned Unit Development entitled Rivers Bend Plat
Judy Weyrens 2 (Preliminary Plat) and rezoning the property described below from Agriculture to R4,
Townhouse Patio Home. The proposed PUD will allow for the construction of twelve (12)
single family homes.
Mayor The proposed development site is legally described as that part of Outlot G, RIVERS BEND,
Al Rassier according to the recorded plat thereof, Stearns County, Minnesota, described as follows:
Commencing at the northwest corner of said Outlot G; thence South 36 degrees 03 minutes 37 seconds
Councilors East, record bearing, along the southwesterly line of said Outlot G, a distance of 106.62 feet; thence
Steve Frank southeasterly and continuing along said southwesterly line, a distance of 710.82 feet along a tangential
Bob Loso curve concave to the northeast having a radius of 1382.39 and a central angle of 29 degrees 27 minutes
41 seconds; thence South 65 degrees 31 minutes 17 seconds East tangent to said curve and continuing
Renee Symanietz along said southwesterly line, a distance of 19.28 feet to the point of beginning of the tract of land to be
Dale' ck described; thence North 67 degrees 25 minutes 16 seconds East, a distance of 220.77 feet; thence North
60 degrees 48 minutes 45 seconds East, a distance of 325.20 feet; thence South 83 degrees 52 minutes 25
seconds East, a distance of 198.06 feet; thence South 08 degrees 47 minutes 07 seconds West, a distance
of 189.23 feet; thence southeasterly a distance of 65.71 feet along a non - tangential curve concave to the
southwest having a radius of 430.00 feet, a central angle of 08 degrees 45 minutes 19 seconds, and a
chord which bears South 79 degrees 24 minutes 46 seconds East; thence North 11 degrees 57 minutes 29
seconds East non - tangent to said curve, a distance of 212.10 feet; thence South 67 degrees 50 minutes 41
seconds East, a distance of 316.92 feet; thence South 24 degrees 57 minutes 30 seconds West, a distance
of 215.63 feet; thence South 06 degrees 08 minutes 42 seconds West, a distance of 63.39 feet; thence
South 24 degrees 57 minutes 30 seconds West, a distance of 140.00 feet; thence North 65 degrees 02
minutes 30 seconds West, a distance of 193.32 feet; thence North 21 degrees 06 minutes 44 seconds East,
a distance of 140.32 feet; thence North 65 degrees 02 minutes 30 seconds West, a distance of 11.92 feet;
thence northwesterly a distance of 142.52 feet along a tangential curve concave to the southwest having
a radius of 370.00 feet and a central angle of 22 degrees 04 minutes 13 seconds; thence South 02 degrees
53 minutes 17 seconds West, non - tangent to said curve, a distance of 83.89 feet; thence South 26 degrees
41 minutes 24 seconds West, a distance of 161.60 feet to said southwesterly line of Outlot G; thence
North 65 degrees 31 minutes 17 seconds West along said southwesterly line, a distance of 605.53 feet to
the point of beginning.
The request for Planned Unit Development has been submitted by Dean and Bryan Virnig,
17717 275 Avenue, Pierz MN 56364.
Judy Weyrens
Administrator
Publish: September 3, 2010
Note: MN Statute requires mailed notice to all property owners within 350 feet of a variance,
special /interim use or rezoning request.
zj College Avenue North • PO Box 668 • Saint Joseph, Minnesota 6 6374
Phone 32o.363.7zoi Fax 3xo.363•0342 2:43
'4 , ,
APPLICATION FOR PLANNING CONSIDERATION - REZONING
City of St. Joseph
SCANNED
25 College Avenue N Fee $
PO Box 668
St. Joseph, MN 56374 Paid
Phone (320)363 -7201 or Fax (320)363-0342
Date
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
NAME: D404I e /In✓ WRA/i ea PHONE 92d - !.x - 3v/z.
ADDRESS: /77/ 7 275"g ,9, . ?trtz /i74 3451 EMAL' de rti van i nJ • N
Me, the undersigned, hereby make the following application to the Oty Coundl and Planning Commission of the My of St Joseph,
Steams County. Minnesota. (Applicants have the responsibility ofcheddrg ell applicable ordinances pertaining to theirapplicadon
and complying with the ordinance requirements.)
1. AppRcodcn is hereby mode for: (Applicant mud dred mold 1 appropriate's:mg ,
otsnoning T Zoni g Ordinance Amendment r Home Occupation UNt
r Surface Water Management Plan r PUD r Building Movers Penult
It
r Building Moving - Owners Permit r Development Plan Approval r Other, Please spy
1 _.___
2. legaf description of lend tsbe affected bygpDcotbrt, including acreageorsquarefootageofbndhweAestondsfreltaddres s, Mara►
(attach additional sheer If
E 41'7' eill diLN'r 144 mgt- . G.,jAyif of 4.49f 4e wi ,
.Sft4r'' ,a4ofs 4 L4Na.441 Ave cZ .
3. Present zoning ofthe above desaibedpropertyis' + 4.sogiaii
4. Proposed zoning- Please describe the zoning tealo cationlvuwerequesthgarda asto**youswat
should begranted
4 5 l4.7 - rte .- lizeN.:+ &44,-
7 E a aeaz 71x 4 s ZZE. IiV 4 77s
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A/Ae. 7$.ai 7, 7 0le ✓As. 'PI os7 oT..6.popr ril+d Al 2itt5 ..6 .S.Q eafr✓ ins/ >d-., 4' 4t.4
5. Comprehensive Plan- Is the proposed rezoning consIstentwIth the future land use mop intheComprehensive Plee
i Yes r No
•
2:44
6. Name and address of the present owner of the above desaibed land:
ikee d a vJ , 7 i)r .X 7. 4 .
'Pig oro.is A Caoss d.e wCar r ..4.,ice /03
juQnLs -.0 Lc , 49N S53o lr
7. Persons, Arms, coryorotinns, other than the applicant and present owner, who fly or wIH be interested in, the above desaibed land or
proposedhnprovements within one year after issuance of permit applied for, Ifgranted ore
Attached is this appIIr t#on, and made a part thereof, are other material submission data requirements, as IMNaad•
Applicant Signature j /
/ Date 3 -Z6 /o
Prope Owner Signature: •
Date:
FOR OFFICE u* ONLY
Date applicatlon sued: Date application completed
Planning Commission Action: r Recommend Approval r Recommend Disapproval Dale of Action:
oty Council Action: r APPimed r Disapproved Date of Action:
Date Applicant/Property owner notified of City Council Action
•
•
•
•
•
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APPLICATION FOR SUBDIVISION REVIEW
CITY OF ST. JOSEPH '
25 College Avenue North
St. Joseph, MN 56374
PH: (320) 363 -7201 FAX (320) 363-0342
A y. �< . ... Sic
APPLICANT(S) NAME: DPfin GMt(1 1 UIc r V rn'3 , DATE:
ADDRESS: >;1 41 , I l • •
PHONE NUMBER(8): 2b 1930 MI 2- FAX: 32. 0 — 3 (ia3 — 15151
32o- (Qz O5
PROPERTY OWNER(S) NAME (If different from Applicant): Aran DA/ehpien f ,, Inc
ADDRESS: i • li1 , • A - • ., S I 1 A
1P
PHONE NUMBER: -152- 22(o(p FAX: 952 89g- 22R9
PLEASE ATTACH ANY ADDITIONAL NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ANY
OTHER PERSONS, FIRM AND CORPORATION HOLDING INTERESTS W4 SAID LAND.
WVe, the undersigned, hereby make the following application to the Planning Commission and City
Coundl of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of
checking all applicable ordinances pertaining to their application and aompying with all ordinance
requirements):
A. Application is hereby made for. (Applicant must check anylall appropriate items)
I< 7< Preliminary Plat Review
Final Plat Review
Planned Unit Development Plan Review
Minor Subdivision Review
B. Parcel Identification Numbers) of Property: T a .1&> m •.►40 •
Legal Description of Property: (Please Attach Metes & Bounds Description)
aeP__ r a/46X 'lt rt
C. Required information:
1. Name of Plat K w
2-
cal$t J0..vh JlpplaMon for aedh sew. Pale
2:47
2. Location: £ �w i) /4 /
3. Gross Area: l/. //etc 3
4. Number of Lots: /Z
5. Current Zoning Classification(s): /4
6. Desired Zoning Classification(s): y •
7. Current Zoning Classiificatlon(s) of Adjacent Parcels: iffiPiCkls uaE
8. Name of Pending Street Names) Included in Development:
9. Name & Address of Land Surveyor/Engineer. LcJEsrs..bed . W4 4.1.r4,v'Pl 4i e .
D. Does the proposed preliminary plat require manning?
, X Yes, Explain 64
No
E. Is the proposed prallnlnary plat consisted with design sftndards and other requirements of
the City of 8t. Joseph Subdivision Ordinance, Zoning Ordinance and Comprehensive
Planning documents? •
X ,Yes, skip to F.
No, if 'No' applicant must complete Items below In italicized print.
The request(s) which b % e desire for our properly rood!' a variance from the following section(
ect on(s) of the
SL Joseph City Code:
Section Section Section
Proposed variancs(s):
•
What special conditions and circumstances exist whkh are particular to the land, structure or butding(s)
involved which do not apply to the land, structures or butding(s) in the same zoning classification (attach
additional pages as needed)?
Do any of the special conditions and circumstances result from your own actions (If the answer is yes, you
may not qualify for a variance)?
awadtJOnphAppNerllenbrduMilen PliWar Pat 2
2:48
What facts and considerations demonstrate that the literal interpretation of the zoning or subdivision code
or other City code/plan would deprive you of lights commonly enjoyed by other properties in the same
district under the terms of the zoning code (attach additional pages as needed)?
State your reasons for believing that a variance will not confer on you any special privilege that is denied
by the code to other lands, structures or buildings in the same dam:
• State yourressons for believing that the action(a) you propose to take is/ere n keeping with the spirit and
intent of the code?
•
State your reasons for believing that a stnctentbrcement of the provisions offhe cods I orddBuse undue
hardship. Undue harrish0 means that the property h question cannot be put to a roasonable use 1►used
under the conditions allowed by the code. Economic considerations alone shell not constitute an undue
hardship under the terms of this code as refinanced in state
F. Describe the physical characteiletice of the site, Including but not limited to, topography;
77141 .�...�,r w s ez, f,,�,�l .f e./ ,ACC i a '
ter. ✓•.ad . r3E.vo. 7A4 de ire. Aldo-rep.( 1..64 4.4 WoefooJo cAs4bs.ra•e ' 1•
•T
Plc , a ,¢„v e i • e c l . 4 n o . A r i a S i t r r n ' . E' ghee•( . iv •Cis
`7'ete°`f°r'�' • 2:49
G. Describe the fiscal and environmental impact the proposed development will have on adjacent
• property owners and the City of St. Joseph.
�•S€Ai t 1 En r irn 4-44 fad ,Z u.00 r Nerfrik r 7 PgaryCitt OW e l wLa 4
rv,. k, 7?"J 1�rM.£clon u °,-Q� d t, in. A& •:d. ;�is,Jw/ T•4.t - nt111 /r
-L% i {..
eit.m.CS A ? I' eSKNL %Me 7 '&i <eile•tf td E 4444th f ate 4 '
H. If Application Is for a PUD, provide a statement that generally describes the proposed
dewlopnies* and the market which It intends to serve and Ns demand In relation to the city's
Comprehensive Plan and how the development Is designed, arranged and operated in order to
permit the development and use of neighboring property in accordance with the regulations
and goals of the city.
•
•
L App1kaats for preliminary plat review must provide with this application the names and
addresses of ail adjoining property owners within 360 feet of the subject property.
J. Attach completed Copy of applicable subtitled checklist(*) with application.
1/We understand that any work to be done will require mimbwiennsnt to the city for any engineering, consulting, mapping
or studies that may have to be done in conjunction with this subdivision. This includes any fees in conjunction with
prellmkiary or final plats. In addition a check for the appropriate fee(s) must be submitted along with the application. By
signing this application below, VW are hereby acknowledging this potential cost.
, r Z 0 �o
Date
Propene, awners Signature ate
•
OW*.ArephirpotrenfdriltbaYlatnit re Pop,
erosion and flooding potential; soil limitations; and, suitability of the site for the type of
development or use contemplated,
2:50
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2:51
City of St. Joseph
Required Material Submission
Rezoning Material
Completed applications for Rezoning requests and required fees shall be submitted the City of St. Joseph Zoning Administrator at
least 20 days prior to the proposed date of consideration by the City. The twenty days allows the City to review the application,
forward the application to other entities for review as required and notify the publk as required Only completed applkations will be
accepted. It is the applicant's responsibility to submit required materials. ff an application is determined to be incomplete,
notification, which Indkaates which portion of the application is incomplete, will be mailed to the appikam within 10 days following
submission of the application.
REQUIRED MATERIALS - The applicant shall provide the following:
MATERIAL REQUIRED COMPLETE COMMENTS
1. Additional written or graphic data reasonaby required by Fr Yes
the Zoning Administrator or the Planning Commission as r No Pa 1J " ME ? �y�e"r fJ
described below: a �+�• °��c''
4 .? 1 2.941. 77/ 4 V. 4a c.►s
AN appNadons must Indude a narrative of the zoning c rice . si u D ✓u s•
request. The Rezoning applkadon must be completed hi Y .711k4 t
its entirety Induding the reasons as to wiry the Planning W)/ #44 as ./ ) J A'.04.es . '774 ri
Commission and Qty Coundl should approve the request. �
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VA' . e^`Y!i✓ Zoos• ....... .... ..._...
2. Petition for fifty percent (50%) or greater of the property r Yes
owners affected by the proposed amendment and fifty
percent f50%) of those owners within three hundred r NO W/
fifty (350) feet •
•
•
•
•
•
3. Required Fee. 5500.00 Yes
•
r No
•
• 4. Payment of Additonal Fees. •
!Ave understand thadAve are responsible for reimbursing the City for any addidonai legal, engineering, budding ktspeatlon or
planning fees assodatad with my request.
Applicant Signature: 1z • - ' oat FS � 2 — /D
2:52
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2:53 • •
•
ARCON
!
DEVELOPMENT, INC.
744 SOUTHCROSS DRIVE WEST • SUITE I03 • SURNSVILLE, MINNESOTA 55306 • PHONE 9521898 -2266 • FAX 952/898 -3289
E-mail: arcon@arcondevelopment.com • www.arcondevelcpment.com
July 30, 2010
Judy Weyrens, Administrator
City of St. Joseph
25 College Ave. N., P.O. Box 668
St. Joseph, MN 56374 -0668
RE: Rivers Bend
Dear Ms. Weyracs,
In response to your question on the existing AUAR kr Rivers Bend, I have been in
contact with Westwood Professional Services and they have provided me with the
following information (it is my undersbmding that William Houston called and gave you
this same information):
• The AUAR for Rivers Bend was updated January 12, 2006 when the school
site was added to the plans thr the development and it is good through Jamoary
12, 2011. Amon Development, Inc. will request Westwood Professionsi
Services to extend the AUAR this fall.
In regards to parkland dedication, we would request the City of SL Joseph grad an
extension for parkland improvements to coincide with development of specific phases in
Rivers Bend as the market Improves. We look forward to meeting with the city and part
committee in the future to discuss this issue.
Sincerely,
e t44. 7 °3144"den
Larry D. Frank
• Project Manager
WE DO MORE THANDEVELOP LAND.... WE CREATE NEIGHBORHOODS
DEVELOPERS - PLANNERS . CONTRACTORS
2:54
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2:56
'r' CITY OF ST. J OSEPH
www. ci t
September 1, 2010
Jeff Miller
Administrator Stearns County Highway Department
Po Box 246
Judy Weyiens St. Cloud MN 56302 -0246
RE: Rivers Bend Plat 2
Al Mayor
Ressler
• Dear Jeff:
Councilors
Steve Flank Please find enclosed the preliminary plans for a plat entitled Rivers Bend Plat 2. This property
Bob Loso Is part of the property owned by Arcon Development adjacent to CR 121 and the Sauk River. It .
Renee Symanietz is the intent of the developer to plat a 12 lot single family development on the east side of CR
Dale Widc 121, across from Jade Road. The public hearing for the preliminary plat b scheduled for
September 13, 2010.
Upon review of the materials please submit your written comments to me no later than
September 13 so they may be included with the preliminary plat hearing discussion.
If you have any questions or need additional information feel free to contact me at •
320.363.7201 or by email at iwevrensdsdtvofstioseoh.=.
Sincerely,
CITY OF ST. JOSEPH
Z X'fli" 44V9 •
•
•
inistrator
zr College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374. 2 :57
Phone 3to.363.7zo1 Fax .0o.363.034z
ORDINANCE 52 — ZONING ORDINANCE
3. A change in the City's zoning regulations which render the use
nonconforming.
e) Successive Applications. Whenever an application for an interim use permit has
been considered and denied by the City Council, a similar application for an
interim use permit affecting substantially the same property shall not be
considered again by the Planning Commission or City Council for at least six (6)
months from the date of its denial, unless a decision to reconsider such matter is
made by not less than four -fifths (4/5) vote of the full City Council.
f) Appeals. All decisions by the Council involving an interim use permit request
shall be final except that an aggrieved person or persons shall have the right to
file an appeal within thirty (30) days of the decision with the Stearns County
District Court."
Subd. 5. Text Amendments and Rezoning of Parcels Depicted on the Official Zoning
1g.
a) General. This Ordinance, which includes the official zoning map, may be
amended by following the procedure specified in this section.
b) Initiation. An amendment may be initiated by the following procedures:
1. Upon the initiative of the City Council or the Planning Commission, or
2. By petition of fifty percent (50%) or greater of the property owners
affected by the proposed amendment and fifty percent (50 of those
property owners within three hundred fifty (350) feet of the proposed
change. If a property owner initiates a rezoning request the owner shall
provide a boundary survey and preliminary building and site development
plans prior to consideration of the request.
3. If the proposed rezoning request is consistent with the proposed future
land use identified in the City's Comprehensive Plan, an owner may
petition for the rezoning without signature of 50% of the affected property
owners within 350 feet. If a property owner initiates a rezoning request
the owner shall provide a boundary survey and preliminary building and
site development plans prior to consideration of the request.
c) Action by Planning Commission.
1. An amendment not initiated by the Planning Commission shall be referred
to the Commission for study and report, and the Council shall not act on
the amendment until it has received the recommendation of the Planning
Commission or until sixty (60) days have elapsed from the date of
reference of the amendment without a report by the Planning Commission.
2:58