PS 03-01CIiYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 - (763) 571-3450 - FAX (763) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
March 6, 2003
Michael Juaire
PO Box 43243
Brooklyn Park, MN 55443
Dear Mr. Juaire:
On Monday, March 3, 2003, the Fridley City Council officially approved your request for a
Preliminary Plat, PS #03-01, to replat property to accommodate an eight unit town home
development, legally described as Lot 11, Auditor's Subdivision #89, generally located at 1152
Norton Avenue NE.
Approval of this Preliminary Plat is contingent upon the following stipulations:
1. The final landscape plan shall meet code requirements for number of and sizes of
plantings and be reviewed and approved by City staff prior to issuance of a building
permit.
2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and
approved by City staff prior to issuance of a building permit.
3. A storm pond maintenance agreement shall be filed with the City prior to issuance of
a building permit.
4. All landscaped areas shall have irrigation installed.
5. The proposed walkway shall be concrete. -
6. Brick type and application on elevations and other external building materials to be
reviewed and approved by City staff prior to issuance of a building permit.
7. A grading and drainage plan shall be submitted and approved by the City's
engineering staff prior to issuance of a building permit.
8. The sewer connection shall be located near cul-de-sac.
9. Six inch watermain to the looped according to City engineering staffs specifications.
10. A 12 foot utility and drainage easement shall be granted along the entire southern
edge of the property prior to final plat.
11. A 25 foot easement from the centerline of Norton Creek on the west side of the
property shall be granted prior to final plat.
12. The parking lot shall be constructed to code standards.
13. All elements of the building shall meet the current building code and be approved by
the City Building Official.
14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the
Action Taken Letter-Juaire
Page 2
March 6, 2003
15. issuance of any building permits.
16. The fire turn around shall be re -designed to meet the City's Fire Department
standards.
17. The driveway and fire tum around shall be designed to 9 ton standards.
18. The fire tum around shall be posted, "No Parking Fire Lane".
19. The size of the landscape islands shall be reduced by 5 feet in order to
accommodate fire equipment.
20. The petitioner shall meet all Rice Creek Watershed District requirements prior to
issuance of a building permit.
21. Provide proof that any existing wells or individual sewage treatment systems located
on the site are properly capped or removed.
22. A Development Agreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner, prior to final plat
approval.
The Council action described above is only to approve the preliminary plat. You must have an
approved final plat prior to recording at Anoka County. When the final plat has been prepared
by your surveyor, a copy of the plat should be sent to the Anoka County's Surveyor's office for
review. Once that review is completed, please submit three full size copies of the final plat to
the Community Development Department. The Community Development staff will contact you
as to which council meeting the item will be scheduled for consideration (it will be placed under
the "consent agenda"). After Council action on the final plat, the mylars of the plat must be
submitted to the City for signature by the Mayor and City Clerk. Once signed, the plat is ready
for recording at Anoka County. The final plat must be submitted for action within six months of
approval of the preliminary plat.
If you have any questions regarding the above action, please call me at 763-572-3590.
Sincerely,
S Hicko
Community Development Director
SH/jt
cc: Albert Marcil — 1170 Norton Avenue
Plat File
tikddress File
Assessing Dept.
GIS Dept.
Special Assessing -Sharon
Mary Hintz
Please review the above, sign the statement below and return one copy to the City of Fridley
Planning Department by Monday, March 17, 2003.
Concur with action taken.
C-03-34
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this /66L�h day of 49ril 2003,
between the City of Fridley, acting through its Mayor and dity Manager
(hereinafter called the "City"), and Michael Juiare, (hereinafter called the
"Developer').
WHEREAS, The Developer have made application to the City Council for the
approval of a plat of land within the corporate limits of the City described as
follows:
That part of Lot 11, Auditor's Sudivision No. 89 lying Eastof the West 284
feet thereof.
And
The West 284 feet of Lot 11, Auditor's Subdivision No. 89, except the
West 115 feet thereof, together with that certain easement for right of way
established in Book 242, Page 591, according to the duly recorded plat
thereof (the "Subdivision"); and to be described as Norton Manor First
Addition
WHEREAS, the City Council, by resolution # - , adopted
2003, granted Developer's plat request for a portion of the
pr perty to allow it to construct an eight unit town home development on the
subdivision on theondition that the subdivision is developed according to the
site plan, dated � , A4_, 2003, and in accordance with stipulations of
approval incorporated herein by reference (See attached Exhibit B).
NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed
as follows:
1. Improvements. Improvements shall include, but not be limited to the
following:
♦ Concrete curb and gutter repair at driveway aprons
♦ Approved site grading and drainage plans
♦ Underground utilities for the 8 town homes
♦ Setting of lot and block monuments
♦ Surveying and staking
♦ Temporary tree protection devices
The improvements shall be installed in accordance with City standards,
ordinances, City Council prescribed stipulations as evidenced as conditions in
any resolution accepting this agreement and any related plat, and technical
specifications. The Preliminary site grading, construction of underground
utilities, including main line sewer, water and sewer services; and full street
restoration shall be completed prior to sale of any lots and prior to issuance of
any building permits.
The Developer agrees that it will not sell any lot, parcel or whole or
partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any
house, other building or structure constructed on the development or within the
development until the City has approved and the Developer has completed the
construction of the improvements covered by this Development Agreement, the
applicable building codes, and other applicable government regulations and has
issued a Certificate of Occupancy, unless the City has agreed in writing to waive
this requirement as to a specific lot or premises.
The Developer shall follow all instructions received from the City's
inspectors. The Developer shall schedule a pre -construction meeting at a
mutually agreeable time at the City Hall with all parties concerned, including the
City Staff, to review the program for the construction of the development.
2. Water and Sewer A water and sewer lateral fee assessment will not
be applied to each lot, due to the fact that the original lots had paid lateral
charges and the new development will require private utility installation from the
existing laterals.
(A) The Developer shall construct a sanitary sewer main line extension
and stub water and sewer services to all lots as shown on the
preliminary plat. These water and sewer services shall be inspected
and must meet all City standards. The City (at the developer's
expense) will patch the street to City's specifications following the
installation of water and sewer services, the Developer must have the
cut approved by the Public Works Department of the City.
(B) The Developer shall provide a plan/profile drawing prepared by an
engineer registered with the State of Minnesota for the sanitary sewer
main line extension off Norton Avenue prior to construction for approval
by City Engineering staff.
3. Grading, Erosion Control, and Tree Preservation Plans. The
Developer shall submit a grading and drainage, erosion control, and tree
preservation plan which shall clearly show for each lot:
(A) The grading limits for the construction of the new town homes.
(B) All areas disturbed by the excavation and backfill operations shall
be re -sodded forthwith after the completion of the work in that
area. Except as otherwise provided in the erosion control plan. If
the Developer, future owner, its contractors, or subcontractors
does not comply with the erosion control plan and schedule or
supplementary instructions received from the City and the Anoka
County Soil and Water Conservation District, or the Rice Creek
Watershed District, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the
Developer, future owner, contractors, or subcontractors in
advance of any proposed action, but failure of the City to do so
will not affect the City's rights or obligations hereunder.
(C)The location of warning signage (tree protection ribbon) that will
be placed around the perimeter of the construction limits
protecting all significant trees outside the construction limits.
(D)The location of any significant trees to be saved inside the
construction limits. Any significant trees to be saved shall have
fencing around them, which shall extend wherever possible to the
tree drip line. No construction or grading work shall commence
until the City staff has field inspected items (1) and (2) above.
4. Street Clean Up. At any time upon the request of City staff and after
the construction is complete, the Developer shall clear all soil, earth, or debris
from the streets and storm sewer and from the lots within the development
resulting from any construction on the land within the development by the
Developer.
5. Permits. The Developer shall obtain all necessary permits for the
development of the property. The Developer shall pay SAC fees at the time of
the building permit issuance.
6. Park Dedication. In accordance with the policies and ordinances of
the City, the Developer shall pay a park dedication fee at a rate of $1,500.00 per
lot at the time of building permit issuance. The total park dedication fee for the
development is $12,000.00. (eight lots x $1,500.00 = $12,000.00).
7. Drainage Easement. The Developer shall provide the City with
easements dedicated on the plat over the property as proposed in the Final Plat
mylars presented for signature.
8. License. The Developer hereby grants the City, its agents,
employees, officers, and contractors a license to enter the plat to perform all
work and inspections deemed appropriate by the City in conjunction with plat
development.
9. Final Plat Approval. The City agrees to give final approval and shall
sign the final plat of the subdivision upon execution and delivery of this
agreement, and approval of the plat by the County and of all required petitions,
bonds, and security.
10. Legal Proceedings. In addition to the foregoing, the City may
institute any proper action of proceeding at law or at equity to abate violation of
this Development Agreement, or to prevent use or occupancy of the proposed
dwellings.
11. Ownership of Improvements. Upon completion of the work and
construction required by this agreement, the improvements lying within public
easements shall become City property without further notice or action.
12. Transfers of Interest — as described in Paragraph 1.
13. Attorneys' Fees. The Developer agrees to pay the City reasonable
attorneys' fees and costs incurred in the event of any lawsuit or action is
commenced to enforce the terms of this agreement and to collect sums due by
the City under the terms of this agreement.
14. Severability. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this contract is for any reason held to be invalid, illegal or
unenforceable by a court of competent jurisdiction, such decision shall not
invalidate or render unenforceable any other provisions of this contract, and the
remaining provisions of this contract shall not in any way be affected or impaired.
15. Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors, and
assigns if any of the Developer and City 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. Reference in this document 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 of record so as to give notice of this
agreement to subsequent purchasers and encumbrances of all or any part of the
subdivision. All recording fees, if any, shall be paid by the developer.
16. Assignability. No duty or obligation of the Developer under this
Agreement may be assigned in whole or part to any third party without the
express written consent or waiver of by the City.
SIGNED AND EXECUTED by the parties hereto on this 14#7 day
of , 2003
DEVELOPER CITY OF FRIDLEY
By:
Mighael Juaire
ATTEST:
Ql�o A/ L" V1.4—
Debra A. Skogen, City V
rk
By: Z66709-1'Z�J
Scott J. Lun , M or
EXHIBIT A - STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL
1. The final landscape plan shall meet code requirements for number of
and sizes of plantings and be reviewed and approved by City staff
prior to issuance of a building permit.
2. A landscape plan for the ponding area, in lieu of fencing, to be
reviewed and approved by City staff prior to issuance of a building
permit.
3. A storm pond maintenance agreement shall be filed with the City prior
to issuance of a building permit.
4. All landscaped areas shall have irrigation installed.
5. The proposed walkway shall be concrete.
6. Brick type and application on elevations and other external building
materials to be reviewed and approved by City staff prior to issuance
of a building permit.
7. A grading and drainage plan shall be submitted and approved by the
City's engineering staff prior to issuance of a building permit.
8. The sewer connection shall be located near cul-de-sac.
9. Six inch watermain to the looped according to City engineering staffs
specifications.
10. A 12 foot utility and drainage easement shall be granted along the
entire southern edge of the property prior to final plat.
11. A 25 foot easement from the centerline of Norton Creek on the west
side of the property shall be granted prior to final plat.
12. The parking lot shall be constructed to code standards.
13. All elements of the building shall meet the current building code and be
approved by the City Building Official.
14. The petitioner shall pay applicable park dedication fee of $1,500 per
unit prior to the issuance of any building permits.
15. The fire turn around shall be re -designed to meet the City's Fire
Department standards.
16. The driveway and fire turn around shall be designed to 9 ton
standards.
17. The fire tum around shall be posted, "No Parking Fire Lane".
18. The size of the landscape islands shall be reduced by 5 feet in order to
accommodate fire equipment.
19. The petitioner shall meet all Rice Creek Watershed District
requirements prior to issuance of a building permit.
20. Provide proof that any existing wells or individual sewage treatment
systems located on the site are properly capped or removed.
21. A Development Agreement outlining the Developer's obligation to
install utilities, etc., will be prepared by the City and shall be signed by
the Petitioner, prior to final plat approval.
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CCIYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 - (763) 571-3450 - FAX (763) 571-1287
CITY COUNCIL
ACTION TAKEN NOTICE
April 15, 2003
Michael Juaire
PO Box 43243
Brooklyn Park, MN 55443
Dear Mr. Juaire:
On Monday, April 14, 2003, the Fridley City Council officially approved your request for a Final
Plat, PS #03-01, to replat property to accommodate an eight unit town home development,
legally described as Lot 11, Auditor's Subdivision #89, generally located at 1152 and 1170
Norton Avenue NE.
Approval of this Final Plat is contingent upon the following stipulations:
1. The final landscape plan shall meet code requirements for number of and sizes of
plantings and be reviewed and approved by City staff prior to issuance of a building
permit.
2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and
approved by City staff prior to issuance of a building permit.
3. A storm pond maintenance agreement shall be filed with the City prior to issuance of
a building permit.
4. All landscaped areas shall have irrigation installed.
5. The proposed walkway shall be concrete.
6. Brick type and application on elevations and other external building materials to be
reviewed and approved by City staff prior to issuance of a building permit.
7. A grading and drainage plan shall be submitted and approved by the City's
engineering staff prior to issuance of a building permit.
8. The sewer connection shall be located near cul-de-sac.
9. Six inch watermain to the looped according to City engineering staff's specifications.
10. A 12 -foot utility and drainage easement shall be granted along the entire southern
edge of the property prior to final plat.
11. A 25 -foot easement from the centerline of Norton Creek on the west side of the
property shall be granted prior to final plat.
12. The parking lot shall be constructed to code standards.
13. All elements of the building shall meet the current building code and be approved by
the City Building Official.
14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the
issuance of any building permits.
Action Taken Letter-Juaire
Page 2
April 15, 2003
15. The fire turn around shall be re -designed to meet the City's Fire Department
standards.
16. The driveway and fire turn around shall be designed to 9 -ton standards.
17. The fire turn around shall be posted, "No Parking Fire Lane".
18. The size of the landscape islands shall be reduced by 5 feet in order to
accommodate fire equipment.
19. The petitioner shall meet all Rice Creek Watershed District requirements prior to
issuance of a building permit.
20. Provide proof that any existing wells or individual sewage treatment systems located
on the site are properly capped or removed.
21. A Development Agreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner, prior to final plat
approval.
If you have any questions regarding the above action, please call me at 763-572-3590.
Sincer ,
c A
Z
Sc7o Hickok
Community Development Director
SH/jt
cc: Albert Marcil — 1152 Norton Avenue
Plat File
r -iae
Assessing Dept.
GIS Dept.
Special Assessing -Sharon
Mary Hintz
Please review the above, sign the statement below and return one copy to the City of Fridley
Planning Department by Monday, April 28, 2003.
Concur with action taken.
C-03-52