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HomeMy WebLinkAbout2002 [01] Jan 07 . ity of St. Joseph 25 College Avenue NW P.O. Box 668, S1. Joseph, MN 56374 (320) 363-7201 St. Joseph Planning Commission Fax: 363-0342 January 7, 2002 CLERK! 7:00 PM ADMJNISTRATOR Judy Weyrens MAYOR 1. 7:00 PM Call to Order Larry J. Hosch 2. Approve Agenda COUNCILORS Bob Loso 3. Approve Minutes Cory Ehlert Kyle Schneider 4. 7:05 PM Public Hearing - Subway Foods, Joyce Albrcht Alan Rassier 100% variance request on exterior requirements for an accessory building. St. Joseph Code of Ordinances 52.22 Subd 7 (c) 5. 7:30 PM Public Hearing - Mark Lambert, Indian Hills Plat, Apartment Complex 5 foot variance request on maximum height of a building or a one half story variance on the maximum height of a building. . St. Joseph Code of Ordinances 52.16 Subd 7 (a) 6. 7:45 PM Planning Commission Discussion of the Public Hearing conducted on December 3, 2001 for PURD application requesting a special use permit to construct a 44 unit apartment building and a 50 foot variance on the sign of a business sign. 7. Transportation Planning - Continued discussion on establishing an official map for a portion of the S1. Joseph Transportation Plan. 8. New Business 9. Adjourn . . ity of St. Joseph 25 College Avenue NW P.O. Box 668, City of St. Joseph St. Joseph, MN 56374 Public Hearing (320) 363-7201 Fax: 363-0342 CLERK! The Planning Commission for the City of 81. Joseph shall conduct a public hearing on Monday, ADMJNISTRATOR Judy Weyrens January 7,2002, at 7:00 PM in the 81. Joseph City Hall. The purpose of the hearing is to consider a varÎance on the exterior building requirements for the construction of an accessory MAYOR building in the Highway Business District. Larry J. Hosch The property is located at 217 C8AH 75 West, legally described as: Lots-013, 014, and the COUNCILORS west 31 feet of Lot-015 Block-002 Loso's 3rd Addition. ,Bob Loso Cory Ehlert The request for a variance has been submitted by William Nelson PO Box 42, Long Prairie, MN Kyle Schneider 56347. Alan Rassier Judy Weyrens Admin istrator/Clerk . Publish: December 21 , 2001 . REICHERT & NELSON BUSINESSES 221 LAKE STREET SOUTH LONG PRAIRIE, MINNESOTA 56347 320n32-2222 LEGAL DESCRIPTION OF ST. JOSEPH SUBWAY LOTS 13, 14, AND THE WEST 31 FEET OF LOT 15, ALL IN BLOCK 2 OF LOSO'S THIRD ADDITION, TO THE CITY OF ST. JOSEPH MINNESOTA. WHERE AS; THE UNDERSIGNED, AS OWNER OF SAID PROPERTY, HEREBY GIVES TO JOYCE ALBRECHT, THE RIGHT TO APPLY FOR A VARIANCE, ON SAID PROPERTY. VARIANCE TO CONSIST OF PLACING A SMALL METAL BUILDING ON THE NORTH EDGE OF LOT FOR THE PURPOSE OF STORING LAWN EQUIPMENT. WILLIAM B. NELSON/OWNER ¿~ð f}J~ DATED THIS 10TH DAY OF DECEMBER, 2001. Locally owned and operated CITY OF ST. JOSEPH " , 25 College Avenue North ~--fl~/i~ PO Box 668 ~ -.JÓ-vt 1 St. Joseph, MN 56374 c¡ 7)~ . 320-363-7201 \0~ .- v U /1-- DEVELOPMENT REVIEW APPLICATION \ \ \ Applicant: "1 ce. Ç:L'\ 'ú rec1t+/ Owner:;/ /, Address: f Ò. f5DX /30 Address: f! ¿J. bÓ h 5037 P/ê ,-rïe fJ1 5~3~7 Telephone (W): EjG,'; - 7"77 Telephone (H): 1- 3;;0- 73(}- d d.)d Conditional Use Permit Vacation of ROW/Easements X Variance Non-conforming Use Permit Planned Unit Development Rezoning Sign Subdivision TOTAL FEE $ Date fee received Date application received PETITIONER MUST PROVIDE THE FOLLOWING . · A list and mailing labels of all property owners within 350 feet of the boundaries of the property. (This information must be obtained from the Stearns County Auditors Office) · Twenty-one full size folded copies of detail site plans. /1 · Payment of all associated fees must be made in full when application is made., l ,. · Copy of full legal description. ¡',i i-j¡!: ¡ . · Narrative of project scope. J 11 ¡rei' ~/~ This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of the application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of . Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. ~IC;Utl QLlw.clt \ ()- (:,. 0 I Sig ure ot'Applicant Date . Signature of Fee Owner Date . _'I. ~ ~él .,~ ',...,¡ , . ·,;qtk"". , ;.::¡g¡'I1t:'; " " . "~:::_;'.,' :~>:. . 21:-ø:_-r --~~:~'------ --- "~'.... ::~...~¡.-~ ., . ' _ _ .E~E STREE.:!: L _ _ :"-¡,'. .·.~·~i:{ . --,-.J- ""'": ! (ct'. ~I ( QI I I NIl , .. 25'-tZ)' Ic::Ar'PIO ,.AII1KING · $IGN UJI wANOICAPf'EO e61"'L TY &YMe01.. 61G1N ·....T AL.1. 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The purpose of the hearing is to consider a variance request with regard to the construction of a 44-unit apartment building. The variance MAYOR request is to allow a five-foot (5') variance on the maximum height allowed, or the construction of a three (3) story building. The proposed development is to be located on the following Larry J. Hosch described property: Lot-001 Block-001 Indian Hills Park. COUNCILORS S1. Joseph Code of Ordinances 52.16 subd. 7 (a) states, "No building hereafter erected or Bob Loso altered shall exceed 2 Y2 stories or shall it exceed 35 feet in height, except as hereinafter Cory Ehlert provided." Kyle Schneider Alan Rassier The proposed plat has been submitted by Mark Lambert, 101 - 5th Street, Suite 910, S1. Paul, MN 55101. . Judy Weyrens Administrator/Clerk Publish: December 21,2001 Please bring your information from the previous meeting along with you. Much of the same material will be needed. . . CITY OF ST, JOSEPH DEVELOPER AGREEMENT THIS AGREEMENT, made and entered into this 30th day of October, 2001, by and between Dorian Davidson and John Meyer, hereinafter collectively called the "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". . WIT N E SSE T H: WHEREAS, the Developer is the Owner of certain Real Property known as Indian Hills Park, which is legally described on Exhibit A, (hereinafter called the "Property") attached hereto and made a part hereof; and WHEREAS, the City's Code of Ordinance requires the Developer to provide for the construction of certain public improvements, and for the financing of said improvements; NOW, THEREFORE, in consideration ofthe mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 CITY CONSTRUCTED IMPROVEMENTS (Intentionally blank.) 2,0 DEVELOPER CONSTRUCTED IMPROVEMENTS 2.1 Plan B Improvements. The Developer agrees to construct those improvements itemized below, hereinafter know as Plan B Improvements: . Construction of holding ponds, installation of sewer and water service. The Plan B Improvements itemized above shall include all necessary appurtenant items of work as detennined by the City. 2.2 Completion Deadlines. The Developer agrees to proceed with said Plan B Improvements . entirely at its expense, and to complete said improvements within the time specified in the specifications, or within 12 months of the date of this agreement if no time is stated in the specifications, unless an extension is granted by the City for good cause, (which shall include delays resulting from meeting requirements of Section 2.3 below). 2.3 Engineering Services. The Developer will retain an engineer to prepare complete construction Plans and Specifications for Plan B Improvements. The engineer shall: (a) Prepare a Preliminary Estimate and Layout of Utilities and arrange for soil borings and/or such other subsurface investigations as the City may require. (b) Prepare complete construction Plans and Specifications. As Plans and Specifications are being prepared, copies shall be available for review and comment by the engineer. The City, by staff and the City Engineer, shall approve final content of the Plans and Specifications. (c) Secure all necessary pennits including those required by the Minnesota Pollution Control Agency, the State Health Department, the Department of Natural Resources, or any other regulatory agency that has jurisdiction. (d) Prepare the Environmental Assessment Worksheet (EA W), if necessary, and any . other related environmental documents, reports, or studies as may reasonably be required by the City. An EA W is not currently required nor anticipated for this project. (e) Provide all necessary construction staking and related survey work. (f) Prepare record drawings on reproducible mylar sepia and an electronic copy. The reproducible mylar sepia record drawings and electronic copy shall become the property of the City. (g) Prepare and submit such other final documentation as the City may require. The City Engineer shall: (a) Provide such City project standards, including special details and specifications, as the City may require. (b) Review Plans and Specifications. (c) Provide a City Representative for resident construction observation throughout the construction period. (d) Conduct a final inspection and review fmal construction documentation. . 2 . (e) Recommend Acceptance of Improvements to the City. 2.5 Cost Escrow. The Developer shall bear the cost ofthe above noted City Engineering Services and shall, upon execution of this Agreement, place in escrow with the City cash, bond or irrevocable letter of credit in the amount of$10,000.00 which shall be applied to the payment of the cost of said services. Should the above amount exceed the cost to the City, the City shall return to the Developer all unused funds, including accumulated interest. Should expense to the City exceed the above amount, the Developer shall reimburse the City for all additional costs before the improvements are accepted by the City. 2.6 Contractor Retention. Upon approval of the Final Plat, the Developer shall contract with a contractor for the construction ofthe Plan B Improvements (hereinafter the "Contractor"). The Contractor selected by the Developer to construct and install any Plan B Improvement shall be qualified and competent to perform the work and have adequate [mances to perform. The City reserves the right to require evidence of competency and adequate financial status of any such Contractor, and prohibit a Contractor who fails to provide such evidence from undertaking work on the improvements. The construction, installment, materials and equipment shall be in accordance with approved Plans and Specifications. 2.7 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 ofa duty to the Contractor. 2.8 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 Plan B Improvements. 2.9 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. 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 Plan B Improvements. The City and the City Engineer shall be named as an additional insured on such policy by endorsement. Such insurance shall remain in full force and effect through the end of the warranty period described in Section 2.11. The Developer shall cause each person with whom Developer contracts for the construction and installation of any Plan B Improvements to provide evidence of insurance coverage in accordance with the City project standards issued under Section 2A.The Developer shall, (or if all construction contracts are under the control of one Prime Contractor), the Prime Contractor shall provide evidence of Owner/Engineer . Protective Liability coverage in accordance with these standards in lieu ofthe Developer insurance certificate. Evidence of insurance shall be provided before any construction whatsoever begins on the Plan B Improvements. 3 2.10 Perfonnance Security. Prior to the actual construction of Plan B Improvements pledged . to be constructed by the Developer, 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 responsible bid accepted for construction 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 tenns 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 detennined 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 perfonnance security required by this section. 2.11 Warrantv Bond. The Developer shall fully and faithfully comply with all the tenns of any and all Contracts entered into by the Developer for the installation and construction of all Plan B Improvements and hereby warrants and guarantees the workmanship and materials for a period of two years following the City's final acceptance of the Plan B Improvements. In addition to the Security required by Section 2.7 herein, the Developer shall post a warranty bond, warranting the condition of the materials and workmanship of the improvements for a period of one year following the City's [mal acceptance of the Plan B Improvements. If any claims are made in writing within the warranty period, the bond shall not be released until such claims are resolved. If the construction contracts are . under the control of one Prime Contractor, the Prime Contractor may provide the warranty bond required by this section. 2.12 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 perfonning labor or services, and all supplies or materialmen providing materials for the Plan B 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 fonn 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. 3.0 FUTURE IMPROVEMENTS (Intentionally b lanle) 4.0 GENERAL TERMS Al~D CONDITIONS . Attornev Fees. The Developer agrees to pay the City reasonable attorney's fees, to be 4.1 fixed by the Court, in the event that suit or action is brought to enforce the terms of this Agreement. 4 . 4.2 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. 4.3 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. 4.4 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 ofSt. Joseph, P.O. Box 668, St. Joseph, MN 56374 If to the Developer at: Box 797 St. Joseph, MN 56374 4.5 Acceptance of Improvements. The City will accept said 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. 4.6 Incorporation of Documents bv 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. 4.7 Indemnification. 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 payor incur in consequence of such claims by third parties. 4.8 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. 5 4.9 Street Cleaning. 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 Developer, or alternatively, assess the cost against property owned by the Developer within the City. 4.10 Erosion Control. The Developer shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of surface water runoff. As the development progresses, the City may impose additional erosion control requirements ifin 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 be 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. 4.11 Site Grading. . (a) No building permits will be issued until site grading for the development phase plans are submitted for the lot requesting the permit, and approved by the City. The site grading plan shall contain such information as may be requested by the City Engineer. (b) No certificate of occupancy shall be issued for any building until such time as the lot has been restored to fmal grade and other specifications of the site plan have been met. For winter conditions, where the building is ready but the final landscaping cannot be completed until spring, an escrow shall be deposited with the City until the final grading can be checked out. (c) Provision shall be made when site grading for any future road or cuI de sac on any lot(s). (d) The following special grading requirements shall apply to the lots as identified: Lots 1 and 2 Block 1 No building permit will be issued until a grading plan for the entire block is submitted and approved. The site grading, including ponding, must be completed before a certificate of occupancy is issued. . All costs associated with the review and approval of site grading plans and as- builts will be the responsibility of the property owner. The City shall require a 6 . cash deposit, the amount to be determined by the City Engineer, and must be submitted with the grading plans prior to review. Lot 1 Block 2 No building permit will be issued for Lot 1 Block 2 until a grading plan for Lot 1 is submitted and approved. The site grading, including ponding must be completed before a certificate of occupancy is issued. All costs associated with the review and approval of site grading plans and as- builts will be the responsibility ofthe property owner. The City shall require a cash deposit, the amount to be determined by the City Engineer, and must be submitted with the grading plans prior to review. Lot 2 Block 2 No building permit will be issued for Lot 2 Block 2 until a grading plan for Lot 1 is submitted and approved. The site grading, including ponding must be completed before a certificate of occupancy is issued. All costs associated with the review and approval of site grading plans and as- builts will be the responsibility of the property owner. The City shall require a . cash deposit, the amount to be determined by the City Engineer, and must be submitted with the grading plans prior to review. 4.12 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 2.11 herein. 4.13 Park Contribution. The subdivider shall contribute $1,692.49 to the City Park Fund in lieu of a dedication of land for parks, with payment to be made upon execution of this Agreement. 4.14 Certificate of Occupancy. The City shall not issue certificates of occupancy for any building within the Development until the building has been connected to sanitary sewer . and water and the streets in the Development have been constructed to the point of having a gravel base. The granting of a certificate of occupancy by the City shall not be 7 deemed an acceptance of any Plan B Improvements or a waiver of any of the City's rights . under this Agreement 4.15 Reimbursement of City's Costs. 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 perfonnance by the Developer. Developer shall also reimburse the City for any add-to-construction costs related to the installation of street lighting 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 pennits 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 2.5 of this Agreement. 4.16 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 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. 4.17 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. 4.18 Additional Tenns. 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 tenns are intended to tenninate earlier. The requirements of this section must be satisfied before the issuance of any building permits: (a) Developer shall construct the holding ponds designated in the Final Plat of Indian Hills Park, including seeding, in accordance with the Plans and Specifications approved by the City. Final lot grading need not occur until a lot is developed. (b) No building slab for any structure constructed within the Development shall be . lower in elevation than 1085.0 feet. 8 ., . (c) Developer shall acquire the necessary permit needed to install sewer and water within the old railroad right-of-way. (d) The water main on Northland Drive will be 10 inches in diameter and extended south to the south line of the Plat, to be connected to a 16-inch trunk water main which will be constructed at same time in the future. (e) Access to Lots 1 and 2, Block 1, shall be at a point where the line separating the lots abuts Northland Drive. Cross-easements for ingress and egress for the lots shall be granted to facilitate this common entrance. Additional access approaches to Northland Drive shall be pennitted only if approved by the City as part of a development site plan. (t) The road located on the plat between Lots 1 and 2 of Block 2 shall be constructed, per approved plans, before the issuance of any building pennits. 4.19 Adoption of Ordinance bv Reference. The provisions of Chapter 5 ofthe St. Joseph Code of Ordinances are hereby adopted by reference in their entirety, unless specifically excerpted, modified, or varied by the tenns of this Agreement, or by the final plat approved as approved by the City. 4.20 Grant of 01Jtion. Developer hereby grants the City the option to acquire an easement for . street and utility purposes over, under and across the following described area of the Property. The southerly 33 feet of Lot 1, Block 1; and The northerly 33 feet of Lot 2, Block 1. The tenns of the option are as follows: (a) The option will tennÎnate one (1) year rrom the date of this Developer's Agreement; (b) The option shall be exercised by the City by written notice to the Developer or the owners of Lots 1 and 2, Block 1, prior to the expiration of the option period. (c) Construction of a street within the area of the easement shall commence within one (1) year of the exercise of the option, or the easement shall be considered null and void. Execution of a construction contract by the City shall be deemed the commencement of construction. (d) Upon exercise of the option, the City shall pay additional consideration of $210.00. . (e) The City shall assume the cost of preparing the document granting the easement. 9 (f) The Developer, or Property Owner if not the Developer, shall execute and deliver . the document granting the easement to the City within ten (10) days of receipt. (g) The City shall not assess Lots 1 or 2 of Block 1 for any costs associated with construction of any street or utilities within the area of the easement, unless and except: (1) If any portion of either lot lying west of the east 70 feet thereof use the street for access; or (2) If any portion of either lot directly connects to sewer or water utilities installed within the easement. (h) The DeveloperlProperty Owners shall also grant a temporary slope easement to City during the period construction occurs within the easement area. (i) The option may be waived by the City, by Council resolution, prior to its expiration. (j) The location of the area which is subject to the easement may be relocated by mutual agreement of the parties. (k) If development of Lots I and 2 of Block 1 occurs prior to exercise of the option, . for purposes of setbacks and area, a road within the easement shall be considered to exist. The City shall review any development plans and consider variance requests in light of the potential use of the area subject to the option. Signed and executed by the parties hereto on this 5~ day of '1 . A /rfI)e-?1/IiL{.f.-' , 200 I. ATTEST CITY OF ST JOSEPH ~ By <, Xy /, )" /td! By ~ ~-.Jl, . ty <Zlerk 1 ayor (SEAL) DEVELOPER: Ct:r~I^) rßJ.AIL(~¿:ß \ Derían Davidson v \ JOhnM~ø(»r -. . 10 · STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this.~ day of '7l//ß/}VI b& ,2001 before me, a notary public within and for said County, personally appeared Larry Hosch and JudyW eyrens, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City 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 Clerk acknowledged said instrument to be the rree act and deed of said corporation. ~~} ~dM4A/ Not IC . STATE OF MINNESOTA ) e MARY REBER GENEROUS NOTARY PUBLIC -MINNESOTA l; )SS. My CommissIon Expires J:I!'h 31. 2:::5 ¡~ COUNTY OF STEARNS ) ~ ......:;.r_~.c...I..?:::~8~~...&-' On this ¡Gt day of JJ;J. , before me personally appeared Dorian Davidson and John Meyér, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that they executed the same as their rree act and deed. · (} /lj/~ /'~ THIS INSTRUMENT WAS DRAFTED BY: John H. Scherer - 13076X e JUDY ANN WEYRENS Rajkowski Hansmeier Ltd. . : NOTARY PUBLIC· MINNESOTA . . .."",. My Commission Expires Jan. 31, 20C;, 11 Seventh Avenue North - P.O. Box 1433 St. Cloud, Minnesota 56302 Telephone: (320) 251-1055 N:\city\s~oe\2001 \lndian Hills Park · 11 . The following is a transcript of the minutes from August 16, 2001 dealing with the Indian Hills Developers Agreement. John Meyer and Dorian Davidson were present to discuss the agreement. Weyrens: Maybe I can say, we've been working with John and Dorian and Joe and John to get the developers agreement and to work out the issues worked that we talked about. The easement for the east west road connecting. We've got a lot of that language together. We don't have it all finalized yet. John and Dorian had a chance to review the developer agreement. Joe just got it late this afternoon, some of their corrections. So any action that you take tonight, we would just ask that it would be contingent upon final approval from Joe and John. Weyrens: We are not going to redraft that, and John if you want to address how we're going to do that road. Meyer: As far as the agreement? Weyrens: yeh Meyer: Part of the development agreement, there is an attachment to it, that states that the city has an easement - 12 month option to attach an easement to that property for a road and there is another 12 month period to get the road constructed. Based upon the easement, it can be inacted on if that is actually the route coming off of Gumtree. Hosch: And that easement is right between lots 1 and 2 correct? Meyer: Yes. Hosch: That's pretty much the same discussion that we had on the preliminary. Meyer: It's exactly the same plans, there have been a few alterations, brought up to date on the plans we are in the middle of the developers agreement, I would guess in the next day or two that would be finalized and agreed upon. . Weyrens: It is a standard form that you've seen, the only difference is that because the form is for primarily for residential therefore there are some changes or proposed changes for commercial. Rassier: And then this letter that we talked about will be attached to the developers agreement? Meyer: It's actually part of the developer agreement. Rassier: OK Loso: I move for approval of final plat, and then at our next meeting or whenever we meet about this again, we will deal with the developer agreement. OK? Does that sound fair? Meyer: Yeh. Rassier: Second Meyer: The plat will be finalized and the developers agreement will be approved at a ..... Weyrens: We can't file the final plat though until the developers agreement is ready to be signed. So, is that going to hold you up at all? Meyer: That would hold us up. We want to get sewer and water going Weyrens: If we can get it worked out by the 29th of August, the developer agreement? Hosch: That's thirteen days. Weyrens: Is that going to be a problem? Meyer: Is there a reason that there has to be a comment, or comments on the developer agreement? I mean if it's with the . attorney and with the city engineer and city staff and developer, if it's all agreed upon, in the developers agreement, would that not be acceptable? Hosch: I think that is something the council needs to see and approve. And a motion needs to be made on that. Meyer: OK Hosch: I mean, we do meet on the 29th where we can have a chance to review it . Weyrells: We also meet on the 22nd too if we can get it turned around. That would be next Wednesday. Russier: We also meet on the 20th. Hosch: The 220d would allow us, I think, to have some better dialogue too. We're going to be pretty filled on the 29th, Weyrells: Is that feasible do you think John? Iff eyer: I haven't seen the letter yet so...But yeh Weyrells: OK llf eyer: So we're shooting for the 22nd? Russier: What time? Weyrells: Well, we have a meeting at 5:30 that day, so we could do it after the budget portion, or before, Whichever way you want to do it. Russier: Well, that's why I'm asking Hosch: Probably before. Weyrells: OK then, right away at 5 :30. ¡Heyer: You brought up the 20th Is there an opportunity of doing it on the 20th? . Weyrells: There is no way we'd be able to because, (Rassier breaks in, I've got something at 4:30, I can't remember where it was) John's not even in the office. Meyer: Pardon Me? Weyrells: John Scherer wasn't in the office today. Ehlert: Did we..,.I don't believe we had the developer agreement when we approved the Northland Addition. Weyrells: You haven't, you've always, what we've done before is, authorize the Hosch and clerk to execute it upon all your contingencies and motions that you have made. So, as long as we make sure we get all the road easement taken care of, you know, and we get the engineering and legal requirements made up, it is what's in your ordinance book to the canned the developers agreement, but if you want to see it's fine, there's not a problem with that. Ehlert: So did we see Northland Addition's JJleyre/ls: No Ehlert: The road easement is what we've talked about. Af eyer: Yes Ehlert: The attachment is on Block I, Correct? iH eyer: Block 1. Yes Ehlert: So, Block 2 will remain with a culdesac in it. Meyer: Yes. . Hosch: Would you consider amending the motion Bob to, for the clerk and Hosch to execute that, V'lith all contingencies met" Approved by our city engineer and attorney? Loso: Well, ya, fine, that's fine. . Hosch: I mean, I don't have a problem with the council addressing it on the 22nd either. Rassier: We're only talking a week away. Hosch: Yes. Meyer: A week, but, we've been doing this for...... Hosch: It probabJy won't happen for a week anyway, to tell you the truth. For our attorney and engineer to go over it and get all, everything done with it. I mean, weather it's the council or myself. Bettendorf How much in advance ofa meeting do you need for review so you're all comfortable with it? Hosch: Just enough time to go over and read it. And then, address any concerns. Rassier: It only takes 10 minutes to read it. Bettendorf I haven't seen all your comments, but there is quite a list, as I Understand. Meyer: Well, you took a residential development agreement and tried to incorporate it into a business development. And they are like white and black different. Bettendorf There really wasn't that many changes that were made though. Unless there is something you need, I can get at it Monday and Tuesday. You know I need those two days. Hosch: So you mean, it doesn't... I think it would be better just to go in front of the council anyway. Rassier: It's going to take you (Joe) two days and I'm sure it's going to take John at least one day. . Hosch: So, it probably won't be executed till Wednesday anyways. Rassier: Even ifthe Hosch and the engineer did it, I mean your talking that kind of time line to get everybody together anyway. Ehlert: Joe, your recommendation would be what then? You want a chance to review all their questions and address them? Bettendorf Well I think we should do that before the agreement is signed. And I'd assume some of them would be for John Scherer. Meyer: Uhhh, not really. Bettendorf They are all related to engineering issues? Meyer: Yeh. Bettendorf OK Davidson: Those issues Joe that you already addressed in your letter. He didn't take your letter, he didn't have the privilege of having your letter before him when drafted it. He didn't see your language. Bettendorf OK Meyer: There was a whole section that we wanted to eliminate because it had to do with residential. There was a whole like section 3.1 and there was probab]y A through E that had all everything to do with housing, housing, housing. And we wanted to wipe that pretty much that whole section out. Bettendorf I don't see that being an issue if John is going to be around on Monday and Tuesday, between to two of us we should be able to get that fixed and out here for us, so. . Russier: Well, either way that about the time it's going to take. Meyer: Wednesday. Yes. Rassier: No matter what So, I mean, we might as wel1 as look at it as a council, if it's going to take that kinda of time anyway. Hosch: Would you like to restate your motion Bob, for the record? . Loso: Original motion for approval of the final plat, and to look at the developer agreement on the 22nd. Hosch: That was seconded by councilor Rassier. There is a motion and a second on the floor, is there any further discussion. None being so, all those in favor signify by aye, The motion carried unanimously. Note: The developer's agreement was approved under the September 6, 2001 consent agenda without discussion. . .