HomeMy WebLinkAbout1993-11-10 CA Ltr to BRAA Forwarding Prellimanary PUD Draft I
• py LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
LYLE J. ECKBERG (612) 439 -2878
JAMES F. LAMMERS FAX (612) 439 -2923
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING X993
GREGORY G. GALLER
g� ,
KEVIN K. SHOEBERG ®�
THOMAS J. WEIDNER November 10, 1993 ®���
SUSAN D. OLSON t^
Mr. Joseph Anderlik
Bonestroo, Rosene, Anderlik & Associates
2335 West Highway 36
St. Paul, MN 55113
Re: East Oaks PUD - Preliminary Draft
Dear Joe:
Enclosed herewith please find a preliminary draft of the East
circulated
PUD Development Agreement. This draft is being c 1
among staff only at this point in time and is not available for
distribution to the Developer or its agents. I am looking towards
staff for your input into any text corrections that are desired or
felt advantageous for the City to.implement before this draft of
its revised form is released to the Developer. I am also looking
for input from the Engineering Office as it affects the particular
costs of the Plan A and Plan B Improvements so that we can secure
the appropriate letters of credit from the Developer.
As per established City policy, all new developments within
the City shall pay their own way and it is not the City intent at
this point in time to be funding and thereby assessing back costs
of development on a per lot basis as we did in the earlier years
of the City with some of the Swager developments. Please keep that
in mind as you review your comments on this draft. I am also
sending a copy to Scott Richards of Northwest Associate Consultants
for his review and input as well.
Very truly yours,
Mark J. Vierling
MJV:sms
Enclosures (1)
cc: Scott Richards
w /enclosure
S PRELIMINARY DRAFT
S
and d cu
DEVELOPMENT AGREEMENT
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
EAST OAKS PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made and entered into this day of
, 1993, by and between the City of Oak Park
Heights, a municipal corporation organized under the laws of the
State of Minnesota, (the "City "), and Swager Brothers,
Incorporated, a Minnesota corporation, (the "Developer(s) ").
WHEREAS, the Developer(s) has made application to the City
Council for approval of a plat and planned unit development of land
within the corporate limits of the City described as follows:
SEE ATTACHED EXHIBIT "A"
WHEREAS, the City Council on , 1993, has granted
final approval for the plat or subdivision, on the condition that
the Developer enter into this Agreement to provide for the
installation of street, water, sewer and other improvements
hereinafter described on the terms and conditions hereinafter set
forth; and
NOW, THEREFORE, in consideration of the premises and of the
mutual promises and conditions hereinafter contained, it is hereby
agreed as follows:
DEFINITIONS
In accordance with the policies and ordinance of the City of
Oak Park Heights, the following described improvements (hereinafter
collectively called the "Improvements ") shall be constructed and
installed on the terms and conditions contained herein and
according to the requirements of the City Code, State and County
laws:
a) Street grading, graveling, and stabilizing,
including construction of berms and boulevards
(hereinafter called "Street Improvements ").
b) Storm sewers, when determined to be necessary by the
City Engineer, including all necessary catch basins,
inlets, retention ponds, and other appurtenances
(hereinafter called "Storm Sewer Improvements ").
c) Sanitary sewer laterals or extensions, including all
necessary building services and other appurtenances
(hereinafter called "Sanitary Sewer Improvements ").
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d) Water main laterals or extensions, including all
necessary building services, hydrants, valves, and
other appurtenances (hereinafter called "Water main
Improvements ").
e) Temporary street surfacing.
f) Permanent street surfacing, including concrete curb
and gutter (hereinafter called "Permanent Street
Improvements ").
WARRANTY OF DEVELOPER
The Developer hereby warrants and represents to the City that
all parties in interest to the property involved will execute this
Agreement as Developers,and that all line holders will also execute
this Agreement. An up -to -date ownership and encumbrance report
from a certified abstract company shall be given to the City before
execution of this Agreement. The Developer also warrants it has
a substantial interest in the property involved, if owned by
others. (Revised 8 -85).
DESIGNATION OF IMPROVEMENTS
Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as
"Plan A Improvements ".
The City shall require the Developer to make certain cash
contributions to the City pursuant to Chapter 401 (zoning) and 402
(subdivision) of the Code of Ordinances of the City of Oak Park
Heights.
Plan A Improvements
The Developer will construct and install at the Developer's
expense, the Improvements under Plan A according to the terms and
conditions of a Site Improvement Performance Agreement, a copy of
which is attached hereto as Exhibit "A ". Consisting of street,
drainage, municipal utility improvements and related improvements.
Plan B Improvements
The Developer has petitioned the City for the installation of
Plan B Improvements as follows:
Description of Improvement Location of Improvement Est. Cost
Sanitary sewer service $
Water main $
Storm sewer $
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Street, sidewalk, lighting, etc. $
TOTAL ESTIMATED COST FOR PLAN B IMPROVEMENTS $
If the City Council orders the installation of the Plan B
Improvements, the Developer agrees to pay for such improvements
according to the following terms and conditions:
a) CONSTRUCTION
After preparation of feasibility studies, preliminary
plans and estimates by the City Engineer, the City
Council shall order in these Plan B Improvements. After
preparation of final plans and specifications by the City
Engineer, they shall be given to the Developer for his
review. The Developer shall have 10 days to object to
any part of the plans and specifications and failure to
do so shall be a waiver of those objections. If the City
Council accepts the plans and specifications over the
objection of the Developer, the Developer shall have 24
hours to change the Plan Improvements to Plan A
Improvements, and if he fails to do so, all objections
are waived. Bids shall then be taken by the City and
contracts awarded to the installation of the improvements
under the City's complete supervision. The Developers
agree that the contract price, plus engineering, legal,
right -of -way acquisition and administrative costs
incurred by the City shall not be contested in any
assessment proceeding. All such objections are waived,
including all rights of appeal therefrom pursuant to
Minn. Stat. § 429.081.
b) PAYMENT
The entire cost of the installation of Plan B
Improvements, including, but not limited to engineering,
legal, right -of -way acquisition and administrative costs
as all may be incurred by the City shall be paid for by
the Developer to the City and shall be secured by a
letter of credit in an amount equal to 125% of the Plan
B Improvements. The letter of credit must be in a form
suitable and approved by the Office of the City Attorney
and must be filed with the City prior to the award of any
contract hereunder. The City Council for the City of Oak
Park Heights reserves the right to withhold issuance of
building permits on any parcel or lot or structure to be
constructed upon the subject property until all Plan A
and Plan B Improvements have been completed and certified
before completion pursuant to this Agreement by the
office of the City Engineer.
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BINDING EFFECT
The terms and provisions hereof shall be binding upon and to
the benefit of the heirs, representatives, successors, and
assignees of the parties hereto and shall be binding upon all
future owners of all or any part of the Subdivision and shall be
deemed covenants running with the land. References herein to the
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 Subdivision and all
recording fees, if any, shall be paid by the Developer.
NOTICES
Whenever in this Agreement it shall be required or permitted
that notice or demand be given or serviced by either party to this
Agreement to or on the other party, such notice or demand shall be
delivered personally or mailed by United States mail to the
addresses hereinafter set forth by certified mail (return receipt
requested). Such notice or demand shall be deemed timely given
when delivered personally or when deposited in the mail in
accordance with the above. The addresses of the parties hereto are
as follows, until changes by notice given as above:
If to the City, at: City Administrator
City of Oak Park Heights
P. O. Box 2007
Oak Park Heights, MN 55082
If to the Developer: Swager Brothers, Incorporated
CASH DEPOSIT OR LETTER OF CREDIT
Upon performance by the Developer of the terms of this
Agreement, the City will release to the Developer cash deposited
or letter of credit held in escrow according to the terms of this
Agreement by the City.
PAYMENT OF DEDICATION FEES
All park dedication fees and all surface water fees in lieu
of required ponding shall be made before final plat approval.
FINAL PLAT APPROVAL
The Developer agrees to give to the City a final plat of the
Subdivision upon execution and delivery of this Agreement and of
all required petitions, bond, and security. If the Developer fails
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to give to the City a final plat for approval, the Developer hereby
gives the City authority to prepare and file a final plat and the
costs assessed as part of Plan B Improvements. If the Developer
presents to the City a final plat and if there are no objections
to the final plat and the Developer is not in default with this
Agreement, the City shall execute the plat as required by law.
INCORPORATION BY REFERENCE
All 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 fully as if set out herein in full. The following
specifications, contracts, drawings and reports shall be annexed
hereto as Exhibits and incorporated herein by reference as if fully
set forth herein:
Exhibit "B" Development and Stage PUD Plan for East Oaks
prepared by Steven's Engineering, Inc. dated
September 9, 1993 as amended on September 21,
1993.
Exhibit "C" Northwest Associates Consultants Planning
Report - Revised October 21, 1993 ar t ,4..,,-- \
A ,L).
Exhibit "D" October 25, 1993 letter from Bonestroo, Rosene,
Anderlik & Associates.
Exhibit "E" September 27, 1993 letter directed to Mr. Barry
W. McKee by the offices of the City Attorney,
Eckberg, Lammers, Briggs, Wolff & Vierling.
SPECIAL PROVISION
The Developer shall also do the following:
1. E ute a Site Improvement provement Performance Agreement,
coy'of Which is attached hereto as Exhibit "F ".
IN WITNESS THEREOF, the City and the Developer have caused
this Agreement to be duly executed on the date and year first above
written.
CITY OF OAK PARK HEIGHTS, MINNESOTA
BY:
Barbara O'Neal, Mayor
BY:
LaVonne Wilson, City Administrator
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We, the Developers, hereby certify that fee title to the above
property is vested in:
and that the lien holders are:
DEVELOPERS
SAGER BROTHERS, INCORPORATED
BY:
Interest in Property
BY:
Interest in Property
BY:
Interest in Property
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STATE OF MINNESOTA )
) SS:
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this
day of , 1993 by Barbara O'Neal, Mayor and
LaVonne Wilson, City Administrator of the City of Oak Park Heights,
a Minnesota municipal corporation.
Notary Public
(Notarial Seal)
STATE OF MINNESOTA )
)SS:
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this
day of , 1993, by
and and
on behalf of_ Sager ` Incorporated, with full authority so
to do.
Notary Public
(Notarial Seal)
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EXHIBIT "A"
LEGAL DESCRIPTION
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EXHIBIT "B"
DEVELOPMENT STAGE P.U.D. PLAN OF
EAST OAKS ADDITION
E WAA NGTON COUNTY • =e.• S.T.H. 36 • • 1 I ; r •
DEVELOPMENT STALE P.U.D. PLAN ... _ �7. ___ _.ri___ - , T B . 1 :1:
• IA ___ _
EAST OAKS ADDITION - - """s= s•••,�; =3' " "�� _ _ -- • '�; • T _. -
-- - ---- -- -- +� —_ - —T`�� 1
LOCATED IN "c -n aM STREET M J w iet
ry
,:t 7 . . C1 OF OAK PARK HEIGHT THENE1 /4 OF THENE1 /4 n. - -_ ) = _ T- = = ;,. r = t SECTION 4, T29N, R20W _ _ - wE -s..m ■ -- rc li ' _ S, �E 'r I — \ i~ ,
OvWER: EAST O a t LL C � 01 - ' ' - - 4S ' ��� _ � i ' _ -4 .• � rii TUt NN lSOe lrx x/i 1 11II 111 ',. t ^ ��i y ' — - ' i ' ��✓ ' .,I ` 1 ../i ST, 90E220 1 111 B -2 i/ `_ ` T ..2 I i - - sRlwA ' _ r. S tlRYFI'OR : BARRETT V st M ACK , � � L _ = - - ^�`� 0 s BAWY I ROAD NORM
7( ` -r b ' i s1ILLWATERSO F UN s3 3 /i -. � ; ; \ , � 7��. �__• •' ; 1 a R -B Ir u l �� i $: 1 GIN" : SEYtNi ENGINE111 PAw,. i , _ \� / ' IFIh<L .•aim
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HUDSON. 44 !4011 / / MI
` � I ` - -1 - _ uo • 1r. 1 ATTORNEY: BARRY MMCEL ■ ��� / wI i BUYS > r A D DLI ENS
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f.• � A, 11 :1 1 r�orzs \ T \ \ \� \; I I 1 I \ f -i,: 1 PROPOSED LAND USE IS TWD FAULY RCWOENDAL „ 1 u
L \ >`9 \ c'm :.. O 9 OW „yy 0 0.. • ! 7,77• .� 11.}10 / ( 1 A A LL SAWTARY'SEMERS TO BE 1 ALL WArzR MANS \ \ � T. ,� �' \ �� . I s.F ii. X ii' i l I S I SJ. \ 4' . sr. ' mo o, ZONED 1 . v •
' J ' \71 \p d'Ci.CZ 4401�I t om. I ' -e
• 1 ERVNG CONTOURS TAKEN FROM TOPOGRAPHIC \ 'e 7 �' _
'... S U RKY BY BARRETT M. STACK, LAID AMVEYOR. y ; . , �'�1R' \\..,, ^y \ . '0, ._:a v N � 731 '9.6 s.
• A ALL EASEMENTS DEDICATED /OR DRAINAGE AND � �IIN f �►�, � 3S • la%l. M 1 •,
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I TO #AL P.U.D. AREA 5.79 AC. ” 97 S. \ • c Q�� 134111 • /� � � \ • o • s AR HA OF PRIVATE STREET 1.18 AC. au or ¢ I �����((� t`� �� :�
:4 TOTAL NUMBER OF LOTS 26 r / s a �V `` 72 ,y
' . I A RAGE RESIDENTIAL LOT SIZE 6,829 S.F. `� �i s 2 _ �9 - I p to I is Ts - 040 t4 \ u i� 1 / 1 CO MON OPEN SPACE 43,697 S.F. �' )- 1 Milan 1 .D, � . 1 3 . 0x- s2e - l .-- j 4 R s I 1 MA / 1. Sst -1 . t I •
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,;• LEGEND ZONED R - •
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fP _ PROPOSED WATER MAIN — w••- r -.-44- EXHIBIT A
• • T PROPOSED SANITARY SEAR �9 -� 7 • A
,,,....4;i PROPOSED HYDRANT Y :'s
;fit, COSTING LATE Y ■ SERER O EIIEIOPMENT STAGE P.U.0. PLAN fOR EAST OAKS A ; i ; ' f
1
E72STNG SANITARY SEwQ +-- —
1 • ERS7N0 WATER MAW ---94--44— .
7; !'i
1 £057040 STORM MUM -P-- — 1 'HEREBY CERNY MAT 11110 LO P1 SPECNICATNTN OR REPORT —
WAS F CODING CONTOUR ---- .., - -_ -- 1HA PREPARED BY ME OR UNDER MY DIRECT SUIKIINLON Am W MUM 1 .50' 1003- MA Gat 4 :i vi
'. a 9/9p! LOTS 1S -30 9AIR 1170/9 I ` I OF 4
`• THAT 1 W A DULY STATE f M PROFESSIONAL Lr,CRI[CA WIDER
DIE LAWS Of 11rE STATE G MINNESOTA. ti
<:.,. n W 9/Wu Mp7A STEVENS ;, { �� + �j ?
` .. .. _ 4�.. 0 6C� REG NQ/ fYr RAR 4P0� IN Mo. wA } + S
4 1 1 r ••
•,. _ JAMES P. MBENEDET - Ixolm.r =.i •
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EXHIBIT "C"
NORTHWEST ASSOCIATED CONSULTANTS, INC.
LETTER DATED OCTOBER 21, 1993
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r N Northwest Associated Consultants, Inc.
A
U R B A N P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H
PLANNING REPORT - Revised
TO: Oak Park Heights Mayor and City Council
FROM: Scott Richards
DATE: 21 October 1993
RE: Oak Park Heights - East Oaks PUD (Swager Bros.)
FILE NO: 798.02 - 93.06
EXECUTIVE SUMMARY
Background
East Oaks LLC has submitted a revised development plan for the
residential planned unit development (PUD) located south of 60th
Street and east of Osgood Avenue North. The revised development
proposal provides for a shortening of the proposed cul -de -sac and
a lot arrangement where the lots back up to the site's eastern
property line. The proposal also results in a reduction of one
additional building so that the number of structures drops to 13
from 15 and dwelling units to 26 from 30.
Attached for reference:
Exhibit A - Development Stage PUD Plan for East Oaks
Exhibit B - Grading, Drainage and Erosion Control
Exhibit C - Preliminary Plat for East Oaks
Recommendation
The revised site plan reflects the changes desired by the City
Council in their review at the 27 September 1993 meeting. Based
upon this submittal, our office recommends the City Council approve
the development stage with the following conditions:
1. The City reserve the right in the development agreement to
retain access agreements for the private roadway and the right
to dedicate all or a portion thereof as public right -of -way as
the need necessitates.
5775 Wayzata Blvd.- Suite 555 • St. Louis Park, MN 55416 • (612) 595- 9636•Fax. 595 -9837
i i
2. The applicant submit a revised snow removal plan detailing
where snow will be stored and under what conditions it will be
removed from the site applicable to the period of time the
developer is responsible for street maintenance. The East
Oaks Homeowners Association shall outline in their Declaration
of Covenants a similar snow plan.
3. The Declaration of Covenants, Restrictions and Easements be
reviewed by the City Attorney.
4. The cash park dedication fee, based on 13, two unit buildings,
shall be $10,400, payable at the time of finalization of the
development agreement.
5. The grading and drainage plan for the project is subject to
review and approval by the City Engineer.
6. The utility plan for the project is subject to review and
approval by the City Engineer.
7. Per the recommendations of the City Engineer, "engineered
control fills" take place to ensure that proper soil
compaction is provided to support roadway and dwelling unit
construction.
8. The site plan is revised with a redesigned driveway
configuration for Lots 21 and 22, subject to approval by the
City Planner and City Engineer.
9. The landscape plan is revised and a tree preservation plan/
detailed landscape plan be prepared to identify all
significant trees to be added, relocated, and retained on the
site. Said landscape plan shall be submitted and approved
prior to finalization of the development agreement and filing
the final plat.
10. The landscape plan shall indicate an area of complete
screening along the entire east property line by utilizing a
combination of trees and /or berming.
11. Existing trees along the northern boundary of the PUD are to
be retained to the extent possible for buffering purposes to
the adjacent commercially zoned area.
12. The applicants enter into a development agreement with the
City.
13. A final plat be submitted subject to the approval of the City
Attorney, City Engineer, and City Planner.
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14. The City Council shall determine if two story buildings shall
be allowed throughout the development or limited to lots that
will comply with the height requirements of the PUD.
15. If signage is to be provided on site, a detailed sign plan is
submitted which indicates the location, type and size of all
proposed signage. All signs must comply with applicable
provisions of the City's Sign Ordinance.
16. An access permit from MnDOT for the proposed connection to
60th Street North.
17. Comments and recommendations from staff of the Middle St.
Croix Watershed Organization.
18. Comments from other City staff.
ISSUES ANALYSIS
Proposed Density. The applicants have now proposed 26 dwelling
units in 13 buildings resulting in a density of 4.48 dwelling units
per acre. The proposed density is consistent with the property's
R -B, Residential- Business zoning designation.
Street System.
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1. Private Right -of -Way. The revised site plan indicates a 32
foot right -of -way and 47.5 foot cul -de -sac radius, consistent
with City standards. The City will reserve the right to
dedicate the private roadway as a public right -of -way if
deemed necessary.
2. Snow Removal. The City will require a detailed plan for snow
removal during the time that the developer is responsible for
street maintenance. A snow plan will be required of the East
Oaks Homeowners Association as a part of the Declaration of
Covenants.
Lots. The revised site plan indicates a lot width that is
consistent with minimum PUD requirements. The lot arrangement
reflects the concept favored by the City Council with the shorter
cul -de -sac and lots that back up to the east property line.
Setbacks. With the revised plan, all parameter setbacks of 30 feet
have been complied with except the area adjacent to Lot 26, where
the setback is 20 feet. This situation is not considered an issue
in that the adjacent property to the north is already developed
with apartment buildings and the significant grades would prohibit
additional development in this immediate area.
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The internal setbacks will allow at least 20 feet between all of
the buildings in conformance with PUD setback requirements, if the
buildings remain one story. The developer has requested the option
of allowing one or two story dwellings on any of the lots within
the development. As you are aware, the Ordinance requires a
setback between buildings equal to one - half the sum of the building
heights of two adjacent buildings. Depending upon the height of
the two story unit, only Lots 9, 10, 11 or 12, because of their
greater width, would allow two story structures. The City Council
must make a determination whether to hold to PUD requirements for
this project or allow two story structures throughout the
development.
Grading and Drainage. The revised grading and drainage plan
specifies a storm water pond on the adjacent commercially zoned
property to the north of the development. The developer's engineer
will meet with Tim Fredbo of the Middle St. Croix Watershed
Organization before the 25 October City Council meeting. The
project, if it meets all the requirements of the Watershed
Organization, will only need staff approval.
Utilities. The utility plan, as submitted, will be subject to the
review and comment by the City Engineer.
Site Plan. Overall, the revised site plan was found to meet most
of the basic design requirements for residential PUD. The
driveways for Lots 21 and 22 provide for difficult vehicle
maneuvering, especially for backing out. In a discussion with the
City Engineer and the engineer for the developer, a revised
driveway configuration will be presented for City Council review on
25 October.
MnDOT. The engineer for the developer has been in contact with
MnDOT representatives related to the access to 60th Street North.
A permit will be required from MnDOT as a condition of approval for
this project.
Landscaping. The applicant has not provided a detailed plan
indicating the trees to be preserved on site and those to be
removed. The City is interested in seeing what trees will be saved
and what will be added long the perimeter of the site. A complete
landscaping plan will be required for review and comment before
finalization of the development agreement and the final plat.
Final Plat. A final plat will be required for review by the City
Attorney, City Engineer and City Planner.
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CONCLUSION
Based upon the preceding review, our office recommends Development
Stage PUD approval for the East Oaks Development with the
conditions listed in the Recommendation Section. All of the
conditions will need to be complied with before the City will
finalize the development agreement and final plat.
pc: LaVonne Wilson
Joe Anderlik
Mark Vierling
Norris and Norvin Swager
Jim DeBenedet
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EXHIBIT "D"
OCTOBER 25, 1993 LETTER FROM BONESTROO, ROSENE,
ANDERLIK & ASSOCIATES TO LA VONNE WILSON
•
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October 25, 1993
Ms. Lavonne Wilson •
City of Oak Park Heights
14168 North 57th Street
P.O. Box 2007
Stillwater, MN 55082
Re: East Oaks P.U.D.
File 55
Dear Lavonne:
We have reviewed the revised development plans for East Oaks as submitted by the Swager
Bros. and offer the following comments:
1. The grading and drainage plan for the project is acceptable with the storm water pond
being subject to the review and approval of the Watershed Management Organization.
2. The utility plans as submitted are acceptable. It would be desirable to have a looped
water main system to increase reliability but the single line should provide adequate fire
flows and pressures. The negative impact is that all 26 units would be out of service in
the event of a water main break.
3. The driveways for Lots 21 and 22 must be redesigned for ease of access which may also
require some special covenant for common use and maintenance.
4. All fill sections in the grading areas must be properly compacted to support roads, drives.
and buildings.
5. The developer must obtain an entrance permit from the Minnesota Department of
Transportation.
It is hoped that the comments contained herein will assist you in reviewing this revised plan.
Yours very truly,
BONESTROO, ROSENE, ANDERI.IK & ASSOCIATES, NC.
(%. G/Ai izC /.i/„t
/oseph C. Anderlik
JCA :lk
cc: Stevens Engineers
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• S
EXHIBIT "E"
SEPTEMBER 27, 1993 LETTER TO MR. BARRY MCKEE
FROM ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING
LAW OFFICES OF Y LI jp„ s �`� '�
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING C
1835 NORTHWESTERN AVENUE
STILLWATER. MINNESOTA 55082
LYLE J. ECKBERG (612) 439 -2878
JAMES F. LAMMERS FAX (612) 439-2923
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDNER September 27, 1993
SUSAN 0. OLSON
Mr. Barry W. McKee
324 South Main Street
Stillwater, MN 55082
Re: Your Client: Swager Bros.
East Oaks P.U.D.
Our Client: City of Oak Park Heights
Our File No.: 1501 -1346
Dear Barry:
I have reviewed your proposed draft of the By -Laws and
Declaration of Covenants, Restrictions and Easements for East Oak
Homeowners Association. The By -Laws are in large measure format
and the City has no major objections thereto.
As it affects the Declarations of Covenants, etc., you should
be aware of the following requests for clarification and changes
which are now being made:
1. The City needs a better understanding of exactly what is
and what is not going to be included into the definition of common
property within the Declarations. I would ask that you
specifically refer to the amended site plan of East Oaks Addition
and advise us as to whether or not all of Outlot C, including the
road, is intended to be included into common area and what portions
of the Lot and exteriors of buildings is anticipated to be included
within the common area definition as well as other amenities and
areas within the plat.
2. I refer you to Article 7, page 13 of your proposed
Declarations which references an Exhibit A which was not attached
to my draft of the Declarations. I would ask that you forward me
a copy of such proposed Exhibit A describing additional lands and
also identify its location. The Article should also be amended to
reflect that no such annexation as implemented by the Declaration
would be effective until approved by the City of Oak Park Heights
under the Amendment to the Planned Unit Development procedures as
set forth within the City Zoning Ordinance. That would, of course,
also apply to the provisions of Section 2 of Article 7 which
preserve the possibility of annexation of additional real property
to the Planned Unit Development.
i
Page 2
September 27, 1993
To: Barry W. McKee -
Re: City of Oak Park Heights /Swager Bros.
3. I refer you to Article 9, page 16 and 17 of your proposed
Declaration which speaks to easements. There is no mention as to
the easement which I understand will be reserved to the City of Oak
Park Heights for access and ingress over and across the street to
be constructed to serve this particular Planned Unit Development.
We would also require that the Declarations indicate that the
governance association in charge of this Development would have the
authority to convey the street right -of -way in its entirety to the
City of Oak Park Heights upon request. The provisions of that
section should also require the association governance to make that
conveyance to the City of Oak Park within thirty (30) days of
receiving a written request or demand from the City for the
conveyance of the roadway to the City as part of the City street
system.
4. Article 10, page 19, Section 4, page 20. I draw your
attention to the amendment section of the Declarations as they have
been drawn and advise you that it will be the requirement of the
City of Oak Park Heights that the language be adjusted to reflect
that no amendment to the Declarations may be implemented so as to
recreate a nonconformity with the City's existing zoning and
subdivision ordinances as of the date of the amendment and further,
that any such. amendments as proposed must be approved by the City
Council for the City of Oak Park Heights before they may be
implemented should they alter or change any of the conditions or
terms provided for within the PUD permit as granted by the City of
Oak Park Heights.
5. Article 12, Miscellaneous. We would require that as it
affects restrictions on use, an additional paragraph be added to
the proposed Declarations that will provide that any activities
which are prohibited under the Ordinances of the City of Oak Park
Heights, shall also be prohibited activities and uses under the
terms of the Declarations of Covenants.
Of course, a development agreement will be required as part
of the Planned Unit Development approval, if such approval is
granted. That Planned Unit Development Agreement will be drafted
by this office and submitted to you as part of the final approval
process.
. •
Page 3
September 27, 1993
To: Barry W. McKee
Re: City of Oak Park Heights /Swager Bros.
In the meantime, either you or Mr. Debenedet I assume are
making contact with the Minnesota Department of Transportation to
receive permits to connect the roadway system to the existing
frontage road roadway which abuts this property. The City of Oak
Park Heights will not be in a position to grant any approval
(final) on this property until such time as the Minnesota
Department of Transportation access permit connection permissions
have been received that allow the connection of your proposed
roadway system to the frontage road now serving Trunk Highway 36
as it affects your client's property.
I am further presuming that the balance of what is denoted as
Outlot C in the southwestern section of this property will, for
purposes of the development agreement, be declared to be
unbuildable to the extent not utilized as part of this development.
I am further assuming that the portions of Outlot C so denoted as
well as the roadway system, which are also labeled to be Outlot C
on the revised plans that I have within my office, will be entitled
• with the governance association which you have denoted to be the
East Oaks Owner's Association. If my understanding is incorrect
in that regard, please advise.
Very truly yours,
Mark J. Vierling
MJV:sms
cc: Scott Richards
La Vonne Wilson
• •
EXHIBIT "F"
SITE PERFORMANCE AGREEMENT
•
CITY OF OAK PARK HEIGHTS, MINNESOTA
PLANNING DEPARTMENT AND SAGER BROTHERS, INCORPORATED
SITE IMPROVEMENT PERFORMANCE AGREEMENT
FILE NO.
AGREEMENT
This Agreement is entered into by hereinafter
called the "Developer ", and the City of Oak Park Heights, a
Municipal Corporation under the laws of the State of Minnesota,
hereinafter called "the City ".
The Developer has received approval of site development plans,
hereinafter called the "Plans ", by the City Council of the City,
pursuant to City Ordinances, subject to the provision for a
performance guarantee, on , in accordance with
the Plans all of which are made part hereof by reference. In
consideration of such approval, the Developer, his successors, and
assigns, does covenant and agree to perform the work as set forth
in the Plans, in the aforesaid approval, and as hereinafter set
forth upon the real estate described as follows:
THE WORK
The Work shall consist of the improvements described in the
approved Plans, to include any approved subsequent amendments,
and shall be in compliance with all applicable statutes, codes, and
ordinances of the City. The Work includes all on -site exterior
amenities as shown on the approved Plans and as required by the
plan approval, such as, but not limited to: landscaping, private
driveways, parking areas, storm drainage systems, water mains,
sanitary sewers, hydrants, curbing, lighting, fences, fire lanes,
sidewalks, trails, and outside trash disposal enclosures.
The Developer shall provide the City with a written estimate
of all applicable costs of the Work, itemized by type; the
estimates shall be based upon actual estimates provided by the
contractors who are to do the Work. Said cost estimates shall be
reviewed by the City, and the City shall establish the actual
amount of the financial guarantee.
•
COMPLETION
The undersigned Developer agrees that he ,'Work shall be
completed in its entirety on or before the day of
1993, and no extension of time shall be valid unless the same shall
be approved in writing by the City. Said extension of time shall
be valid whether approved by the City before or after the
completion date, and failure of the City to extend the time for
completion, or to exercise other remedies hereunder shall in no way
work a forfeiture of the City's rights hereunder, nor shall any
extension of time actually granted by the City work any forfeiture
of the City's rights hereunder.
It shall be the duty of the Developer to notify the City
of the completion of the work in writing and to thereby request a
final inspection of the Work by employees of the City. A
Registered Land Surveyor retained by the Developer, shall certify
that the grading has been completed in accordance with the approved
plans.
The Performance Agreement, in its entirety, shall remain in
full force and effect after installation of the Work, to determine
that the useful life of all work performed hereunder meets the
average standards for the particular industry, profession or
materials used in the performance of the Work.
Landscaping improvements consisting of trees, shrubs, sod, and
other live materials, shall be considered complete for purposes of
this Agreement upon determination by the City, following inspection
by the City, that said materials have survived one full growing
season after the actual installation of the materials. Any work
failing to meet such standards shall not be deemed complete
hereunder.
Notice of the date of actual completion shall be given to the
Developer by the City following inspections of the Work and the
determination that the Work has been completed. Notice of
deficiencies and of required corrections shall be given to the
Developer who shall renotify the City in writing when corrections
have been made and may be inspected.
The Developer shall construct all street and utility
improvements at its own expense and has not requested bond
financing by the City. The City may withhold acceptance of all
streets and municipal utilities so constructed until its engineers
certify construction of same to City Standards as have been
provided Developer by the City. The City may withhold issuance of
building permits until city street and utility construction is
complete.
REMEDIES FOR BREACH
1. Specific Performance. The City may in writing direct
the surety or the Developer to cause the work to be
•
undertaken and completed within a specified reasonable
time. If the surety and /or the Developer fails to cause
the Work to be done and completed in a manner and time
acceptable to the City, the City may proceed in an action
for specific performance to require such work to be
undertaken.
2. Completion by the City. The City, after notice, may
enter the premises and proceed to have the Work done
either by contract, by day labor, or by regular City
forces, and neither the Developer nor the corporate
surety may question the manner of doing such work or
the letting of any such contracts for the doing of any
such contracts for the doing of such Work. Upon
completion of such work, the surety and /or the Developer
shall promptly pay the City the full cost thereof as
aforesaid.
3. Withholding of City Permits. The City may withhold
acceptance of the streets and municipal utilities until
constructed in accordance with City standards and may
withhold issuance of building permits for home
construction until all municipal utilities and street
construction is complete.
PROCEDURES
A copy of this Performance Agreement shall be attached to the
financial guarantee, and reference to this Developer Agreement
shall be made in the guarantee, but no corporate surety shall
assert as a defense to performance hereunder, any lack of reference
in the bond to this Developer Agreement.
The original and two copies of this Agreement, properly
executed, together with appropriate financial guarantee shall be
submitted to the City.
SIGNATURES FOR THE DEVELOPER SIGNATURES FOR THE CITY
Barbara O'Neal, Mayor
LaVonne Wilson,
City Administrator
INDIVIDUAL OR CO- PARTNERSHIP ACKNOWLEDGEMENT
OF DEVELOPER'S AGREEMENT
If the Developer is a co- partnership, this should be signed
by all members of the co- partnership.
s •
same is true of their own knowledge; and that this contract is made
at the direction of and under authority granted by the City Council
of the City of Oak Park Heights, Minnesota.
Notary Public
(Notarial Seal)
• .
STATE OF MINNESOTA )
)SS:
COUNTY OF WASHINGTON)
On this day of , 1993, before me personally
appeared and
and and are to me personally known to
be the person(s) described herein and also who executed the
foregoing contract and acknowledged that he /she /they executed the
same as his /her /their free act and deed.
Notary Public
CORPORATE ACKNOWLEDGEMENT FOR DEVELOPER
STATE OF MINNESOTA )
)SS:
COUNTY OF WASHINGTON)
On this day of , 1993, before me
appeared , the corporate secretary of Sager
Brothers, Incorporation, a corporation; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation,
and that said instrument was executed on behalf of the corporation
by authority of its Board of Directors; and they acknowledged said
instrument to be the free act and deed of the corporation.
Notary Public
(SEAL)
ACKNOWLEDGEMENT OF AUTHORIZED
CITY OFFICIALS' SIGNATURES
STATE OF MINNESOTA )
)SS:
COUNTY OF WASHINGTON)
On this day of , 1993 before me personally
appeared Barbara O'Neal and La Vonne Wilson, the Mayor and City
Administrator, respectively of the City of Oak Park Heights, in the
County of Washington, and the State of Minnesota; they have read
the foregoing contract and know the contents thereof and that the