HomeMy WebLinkAbout2011-078 CCR Councilmember Dan Ryan introduced the following resolution and
moved its adoption:
RESOLUTION NO. 201
RESOLUTION REGARDING THE DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2011 -008 SUBMITTED BY LOREN VAN
DER SLIK FOR GATLIN DEVELOPMENT CO.
WHEREAS, Planning Commission Application No. 2011 -008, submitted by
Loren Van Der Slik on behalf of Gatlin Development Company, requests Preliminary Plat
approval of a subdivision, to be known as Shingle Creek Crossing, a plat of 19 parcels and tracts
within seven Registered Land Surveys associated with the previous developments of the Brookdale
Mall, into 19 lots and one outlot to facilitate the dedication of public easements, dedication of right
of ways, and the creation of lot configurations to facilitate the development of the Shingle Creek
Crossing PUD; and
WHEREAS, the Planning Commission held a duly called public hearing on April
28, 2011, at which time a staff report and public testimony regarding the preliminary plat of
Shingle Creek Crossing was received; and
WHEREAS, the Planning Commission found that the Preliminary Plat is
consistent with the General Development Plans of the Shingle Creek Crossing PUD plans; and
WHEREAS, the Planning Commission recommended approval of Application
No. 2011 -008 by adopting Planning Commission Resolution No. 2011 -06 on April 28, 2011; and
WHEREAS, the City Council considered Application No. 2011 -008 regarding the
Preliminary Plat of Shingle Creek Crossing at its May 23, 2011, meeting, and considered this
preliminary plat in light of all testimony received and the Planning Commission's
recommendations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2011 -008, submitted by Loren Van Der Slik on behalf of
Gatlin Development Company, be approved with the following conditions:
1. The final plat is subject to review and approval by the City Engineer subject to the
provision of Chapter 15, "Platting" of the City Ordinances.
2. That a subdivision agreement that includes the following conditions of approval and
comments identified in the City Engineer's Memorandum dated April 26, 2010, is
executed as part of the final plat approval:
a. All work performed and materials used for construction of utilities shall
conform to the City of Brooklyn Center's standard specifications and
details.
RESOLUTION NO. 2011 -78
b. An as -built survey of the property, improvements, utility lines, structures
and a certified record drawing for any associated private and /or public
improvements shall be prepared by a licensed engineer in the State of
Minnesota.
C. That inspection of the private site improvements shall be performed by the
developer's engineer, a licensed engineer in the State of Minnesota, and
certified through a letter that the project was built in conformance with the
approved plans.
d. The existing Shingle Creek twin box culverts shall be labeled "private
sewer ", the public drainage and utility easement for these box culverts
shall not be for ownership reasons; but shall be for inspection purposes to
ensure proper maintenance is being performed, and a letter confirming the
location of the box culverts within the easement provided by a certified
engineer and or surveyor in the State of Minnesota.
e. Copies of all County, Regional, and State approved permits for the
installation of public and private utilities (municipal water and sanitary
sewer) shall be provided to the City Engineer prior to final approval of the
City permits for utility construction.
f. That all water main lines, other than the existing public trunk water main
shall be considered private. Utility plans shall specifically label the private
water main improvements.
g. That all sanitary sewer improvements, other than the existing sanitary
lines, shall be considered private. Utility plans shall specifically label the
private sanitary sewer collection lines, lift station, and force mains as
private.
h. That all storm sewer and storm water ponding areas, including the twin
box culverts within County Ditch 13 shall be considered private. Utility
plans shall specifically label the existing and proposed storm water
improvements.
i. That financial assurance in the form of a letter of credit or cash escrow in
an amount of 125% bid cost or 150% of an estimated cost or in the amount
determined by City Staff to comply with land alteration permit, site
improvements, and site restoration.
j. That a construction management plan, as approved by the City Engineer,
is prepared that outlines minimum site management practices, penalties
for non - compliance, and a separate cash escrow which can be drawn upon
in the event the City is required to correct any deficiencies or issues of the
plan.
k. That a pre- construction meeting is held with City Staff and a construction
schedule is approved by City Engineer.
RESOLUTION NO. 2011 -78
3. That an updated certified abstract of title or registered property report is provided for
the City Attorney's review at the time of final plat application.
4. That an overall easement agreement is required that will provide City accessibility to
all private utilities and storm drainage areas to inspect and enforce property utility
service and maintenance for the entire properties within the Plat.
5. That the final plat include the dedication of public drainage, utility, and trail
easements as identified in the April 26 2011 City Engineer's memorandum.
6. The public utility easement for the 18" sanitary sewer running within Lots 14 and 17
is revised to match the alignment as shown in the April 22 2011 PUD documents.
7. That site development plans and utility relocations are reviewed and coordinated
with private utility companies prior to final plat application, vacation of easements
and /or approval of any site modifications.
8. Shingle Creek Watershed Management Commission review and approve the storm
water management plans, drainage, erosion control plans, and the requested revision
to the FEMA Flood Plain Map.
9. That MnDOT and Hennepin County review comments on the Preliminary Plat are
addressed with the Final Platting of Shingle Creek Crossing.
10. The Minnesota Department of Health permit the water main installation.
11. That the Minnesota Pollution Control Agency permit the sanitary sewer installation.
12. That the Minnesota Pollution Control Agency NPDES permit is as a condition of all
site development approvals and provided to the City Engineer prior to the issuance
of any grading permit.
13. That the Storm Water Pollution Prevention Plan (SWPPP) designers, installers, and
inspectors are state certified and approved by the City Engineer.
14. That Lot 16, Block 1, identified as Building Q, is platted as an outlot until such time
as a FEMA determination on the replacement of the designated floodplain area has
been approved.
15. That Hennepin County, the Shingle Creek Watershed Management Commission, and
all other applicable regional, state, or federal agencies provide the necessary
approvals for the alterations to Shingle Creek.
RESOLUTION NO. 2011 -78
16. That final grading, drainage, utility, erosion control, and intersection design plans
are subject to review and approval by the City Engineer prior to the issuance of
permits.
17. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center Standard Specifications and Details.
18. Issuance of appropriate permits by Hennepin County for the private access
improvements and work within the public right of way of Bass Lake Road for the
entrances from Northway Drive and Shingle Creek Parkway intersections.
19. The applicant shall provide appropriate erosion control during construction, as
approved by the City Engineering Department, and obtain an NPDES construction
site erosion control permit from the Minnesota Pollution Control Agency prior to
disturbing the site.
20. The existing water and sanitary sewer services shall be properly disconnected from
City systems in a manner approved by the City Engineer prior to the demolition of
existing buildings on the site.
21. The dedication of trail easements and drainage and utility easements, as approved by
the City Engineer shall be shown on the final plat or separate documents shall be
filed with the recording of the final plat.
22. That existing, but no longer necessary, easements shall be vacated by the City prior
to release of the final plat.
23. That the Fire Chief approve the location of fire hydrants for the individual sites /lots
at the time of final site plan review.
24. That a subdivision development agreement, to include, but not necessarily limited to
an agreement for the future closure of the Kohl's driveway from Bass Lake Road,
construction and inspection of all utilities consistent with City development
standards and policies, financial guarantees, maintenance agreement for the two
12'x12' box culverts and the submittal of as -built plans, is executed as part of the
final plat approval.
25. That an easement and agreement for maintenance and inspection of utility and storm
drainage systems, as approved by the City Attorney and City Engineer is a condition
of site development plans and is executed prior to the issuance of certificate of
occupancy permits.
RESOLUTION NO. 2011 -78
26. That the two 12 ft. x12 ft. box culverts are enrolled in the State's bridge inspection
program.
May 23, 2011
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Carol Kleven
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
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