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HomeMy WebLinkAbout3. Executive Closed Session to Discuss Land Aquisition for LibraryI MEMORANDUM DATE: July 6, 2004 TO: City Council FROM: Jamie Verbrugge, City Administrator SUBJECT: Additional Information for Agenda of July 6, 2004 1. Item 6. g. Receive Bids /Award Contract - Crosscroft 2nd Addition Street & Utility Improvements, City Project 388 Bids were opened on July 1, 2004 with the recommendation by WSB & Associates to Ryan Contracting Co. 2. Item 6.q. Rosewood Second Addition PUD Agreement, Final Plat and Subdivision Development Agreement The Subdivision Agreement was received by FAX today after 4 p.m. Please review the attached document. A deb �rcu`l , v�e� CLos eJ Se s s 'o r) is c ct I At° C�Csu ® � 1 ru r �) , KS B s ociates. Inc. July 6, 2004 Honorable Mayor and City Council City of Rosemount 2875 — 145 Street West Rosemount, MN 55068 Re: Crosscroft 2" Addition Street and Utility Construction and Appurtenant Work City of Rosemount Project No. 388 WSB Project No. 1556 -15 Dear Mayor and Council Members: Bids were received for the above - referenced project on Thursday, July 1, 2004, and were opened and read aloud. A total of six bids were received. The bids were checked for mathematical accuracy and tabulated. The Engineer's Estimate was $211,647.45. Please find enclosed the bid tabulation indicating the low bidder as Ryan Contracting Company, Shakopee, Minnesota in the amount of $212,423.00. We recommend that the City Council consider these bids and award a contract to Ryan Contracting Company based on the results of the bids received. Sincerely, WSB & Associates, Inc. 4 4 Anthony Aderhold, P.E. Project Engineer Enclosure cc: js Ryan Contracting Company C.-Documents and SetNngslaaalLoca! Settings Temporary Internet FdaI0LK9Dlrecmmdm ltr.doc Minneapolis - St. Cloud - Equal Opportunity Employer PROJECT: Crosscroft 2nd Addition City of Rosemount, MN City of Rosemount Project No. 388 LOCATION: Rosemount, MN WSB PROJECT NO.: 1556 -15 Bids Opened: Thursday, July 1 2004 at 10:30 a.m. Engineer's Opinion of Cost $211,647.45 I hereby certify that this is a true and correct tabulation of the bids as received on July 1, 2004. Page 1 of 1 1556 -15 Bid TabulationSummary Contractor Addendums Rec'd. Bid Security Total Bid 1 Ryan Contracting Company N/A X 212 423 0 2 Erickson Construction, Inc. N/A X�$2�5 ©95s 3 Three Rivers Construction N/A X $245,210.46 4 Northdale Construction Company, Inc. N/A X $259,328.72 5 Richard Knutson, Inc. N/A X $267,951.35 6 Contractors Edge, Inc. N/A X $287,609.68 Engineer's Opinion of Cost $211,647.45 I hereby certify that this is a true and correct tabulation of the bids as received on July 1, 2004. Page 1 of 1 1556 -15 Bid TabulationSummary 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 — A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE EVERMOOR CROSSCROFT 2 ND ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT #388 BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota, as follows: 1. All bids on construction of the Evermoor Crosscroft 2 nd Addition Street and Utility Reconstruction Improvements are hereby received and tabulated. 2/2, 923.00 2. The bid of Ryan Contracting Company, in the amount of $4+3.00 for the construction of said improvements are in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and shall be and hereby is accepted. 3. The Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Rosemount. 4. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of all successful bidder and the next two lowest bidders shall be retained until a contract has been executed. ADOPTED this 6 th day of July, 2004. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Jul 06 04 04:03p ohn 5tainbrook 952 -898 -3912 p,2 SUB)XV AGREEMENT Rosewood Village Second Addition AGREE MEN f dated — day of _ __, 2004, by and between the CITY o' ROSFMOUrrr a Minnesota municipal corporation, ( "City "), and PROGRESS LAND COMPANY, a Minnesota Corporatio (the "Developer "). n, L Request for Plat Approval The Developer has asked the City to approve the subdivision of land and a plan of land to be known as ,Rosewood Village Second Addition, which land is legally described on Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the "subject property"). 2. Condition of Fla# A foltowin$ conditions: roval- The City has approved the subdivision and the plat on the a. Incorporation of recommendations of the City Engineer concerning design and installation of Public infrastructure and including grading, erosion control, streets and utilities. b. Execution of a Subdivision or Development Agreement to secure the public and private improvements. c. Payment of all applicable fees including G. 1. S., Park Dedication and other fees identified in the current fee schedule_ d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, conservation areas, streets and utilities. 3. Phaseo Dev 1„ 2p rent The City may refuse to approve final plats of subsequent additi ns of the plat if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Subdivision Agreements for such pleases are approved by the City. 4_ Effect of Subdivision „A Anroval For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. laev to ment Plans. The subject property shall be developed in accordance with the following plans, original copies of which are on file with the City Public Works D The plans may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control_ The plans are: PIan A ,- Plat PIan B Soil Erosion Control Platt and Schedule Romewood VUlake 2 0d Addition 06/089/04 00101711 . Jul 06 04 04:03p ohn Stainbrook 952- 898 -3912 p.3 Plan C -- Drainage and Storm Water Runoff Plan Plan D -- Plans and Specifications for public Improvements Plan E -- Grading Plan and House Pad Elevations Plan F — Street tights Plan G-- Landscape Improvements 6. Installation k, .Develo er. The Developer shall install or cause to be installed and pay for the following; A. Street Lights B. Setting of Lot and Block Monuments C. Surveying and Staking of work required to be performed by the Developer. D. Gas, Electric, Telephone, and Cable Lines E. Site Grading F. Landscaping (Hereinafter referred to as the "Developer Improvements ") And other items as necessary to complete the development as stipulated herein or in other agreements. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph b which will serve the subject property by July 1, 2005, The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. S. Public Infrastructure_ The following improvements, known as City Project 378, shall be designed, inspected, surveyed and administered by the City and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process: A- Sanitary Sewer B. Watermain C. Storm Sewer D. Streets (Private) E. Sidewalks/Pathways (Private) (Hereinafter referred to as "Public Infrastructure Improvements") The attached figure shows the area within which the Public Infrastructure Improvements will be constructed pursuant to this Paragraph. Contracts shall provide for construction in accordance with Plans and specifications prepared by the City or its consultants. The City will not enter into such contracts until all conditions ofplat and subdivision approval have been met, the plat is recorded ar:d the City has received the bonds and security required by this agreement. E Rosewood'VWage 2" Addition 06/089/04 ••• • , , 'Jul 06 04 04:03p ohn 5tainbrook 952 - 898 - 3912 � p.4 The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Of Health and all other agencies before proceeding with construction, Department 9. For the purpose of financing the construction, installation and maintenance ofthe public Infrastructure Im rovem Promptly make payments to the City of sums deerned necessary P Developer shall to its contractor as follows: ' by the City to make timely payments a. Prior to the receipt by the City ofbids for the Public Infrastructure improvements, Develo will pay to the City a cash deposit in the amount of Two Hundred Thousand Dollars ($200,000) to cover one or more periodic pa yments and later payments to the deposit as PT in this paragraph will beheld by the Ci d eposit used to pay the City's contractor for Public Infrastructure Improvements and no oth purpose. b. From ti to time as the City's construction of the Public h Im rovem Proceeds and the amount held in the Developer's deposit is diminished b P eats City's contractor, the City will give written notice s eci y payments to the Developer to replenish the deposit, as determined by the City to be necessary, to cover o the more periodic payments to the City's contractor, Pa one or working days after receipt of notice by the Developer arty shall be due no later than five (5) C, No interest will be paid or credited to Developer on funds held by the City in the depos Following final payment for Public Infrastructure Improvements the Cit unused funds in the deposit to Developer. Y will return any d. Upon execution of this Agreement, Developer will satisfactory to the City in the amount of Two Hundred E e a F er of credit in farm ($284,000) (which is 110% of the estimated construction co ($"0 less he initial deposit), conditioned on the prompt and faithful performance by Developer o lions u under this paragraph 9. Thi f its obli s letter otcredit may be combined with any other letter ofcred' given to secure performance under this Agreement provided the form thereofis approved b the City, y e. In the event City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional rernedy, City ma option, assess the Subject Property in the manner provided by Minnesota Statutes Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or t hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes Section 429.081, Provided the arrrount levied, together with the funds deposited with th under this paragraph, does not exceed the expenses actually incurred b the C e City completion of the Public Infrastructure Improvements. Y rty in the t 0. Secu i1y for Developer lmnrovernents To guarantee compliance with the terms Payment ofthe costs of all Developer Improvements and construction of all .Developer per I hnprov erne en -,i is (as noted in Paragraph 6), the .Developer shall furnish the City with a cash cscrow or two individual irrevocable Ietter of credit from a bank. The amount of the security 2 tY as calculated as 3 R O acwood YOlage 2°'d Additioji 06/07/04 Jul 06 04 04:04p ohn Stainbrook 952 - 998 - 9912 p.9 E_ All building; permit fees are paid in full. F. No early building permits will be issued. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, materialmen or agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph: 6 and 8 are in and approved by the City, unless otherwise authorized in writing by the City Public Works Director. 22. Develaoer's Default In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 23. Miscellaneous. A. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision or the plat or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph or phase ofthis Agreement is for any reason held invalid, such decision shall not affect the validity ofthe remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's 8 Rosewood 'Village 2 0d Addition 46/07/04 `Jul 06 04 04:04p ohn Stainbrook 952- 898 -3:112 P. 10 failure to promptly take legal action to release, enforce this Agreement shall not be a waiver r 0 G. T his Agreement shall run with the land and may be recorded against the title to t h e pr operty. The Developer shall take such steps, including execution of amendments to this nt, as are necessary to e£F'ect the recording hereof. After the Devel oper has co mpleted g t w ork to the Developer a release. he required ofit under this Contract, at the Developer's request, the City will execute and deliver H. Each right, power or remedy herein conferred up the every other rig ity i gh t power or remedy, express s cumulative and in addition to or implied , now or hereafter arising, available to remedy City, at law or in equity, or under any otlxer agr� and each and eve r i g ht , and reedy herein set forth or otherwise so exciting may be exercised from tirri time as Often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy, Y 1. The Developer may not assign this Agreement without the written permission of the a City 24- Notices Required notices to the Developer shall be in writing, and shall be either hand the Developer, its employees or agents, or maed to the Develo Develop b r delivered to zl address_ P Y r mail at the fallowing Progress Land Company, Inc. 6001 Egan Drive, Suite 100 Savage, MN 55378 Notices to the City shall be in writing and h mailed to the City by registered mail in car City Administrator ra at the f ollowiG�ty Administrator, or Administrator, Rosemonnt City Hall, X875 14--) St address. City Street West, Rosemount, Minnesota 5506$. 9 'oeewood Vin&90 t Addition 0"7/04 r e M141WHA Jul 06 04 04:05p ohn Stainbrook 952- 898 - 3912 p = 11 _ _ a IN WITNESS WHEREO the parties have hereunto set their hands the day and year first above written. CI'T'Y OF ROSEMOUNT .: Y JOHN ROB�P Sou,%RQ0;; KIC!'ryr puhl;c - Wihmsctn MYCoreatllsSiC ►16;,.i;,,�;,�n.3.1.T_P^^, STATE OF MINNESOTA ) ) Ss COUNTY of DAKOTA ) BY. William 11. Droste, Mayor BY: Linda Jentink, City Clerk BY: Its /"RC 7 C. T BY: Its The foregoing instrument was acknowledged before me this z day of 2003, by William kI. Droste, Mayor, and Linda ]entink, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the co rEoratio� and pursuant to the aut ty granted by its City Council_ // Public STATE OF M1NNl+ *rA ) COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this __ day of 2003 by � and behalf of the said , a , on Drafted By: Notary Public City of Rosemount 2575 145th Street West Rosemmrrt, MN U068 10 Resermod Village 2" AdditW. 06/07/04 Jul 06 04 04:05p ohn Stainbrook 952 -898 -3912 p.12 EXMBIT A The following clarifes the various portions of the letter of credit for Developerrnprovements that are outlined in the Subdivision Agreement; r din Lrosic�ni � . ntrol - A restoration and erosion control bond to ensure revegetation and erosion control ($3,500 /acre). Note: The minimum bond amount is set at $25,000. P n Rest r i r !I—AL rnova.I -- A security to allow for cleaning of sedimentation ponds prior to Cit acceptance and removing any installed erosion control measures such as silt fence and woodfiber blanket following development of 75 percent of adjoining lots (estimated Lump Sum). 5MM MDDv-m—en -- An amount equal to 110% of the cost to monument all lots within th development. LandXW - An amount equal to 1 I 0 % of the cost to complete the minimum required Landscaping, if additional landscaping is planned, a bond far that cost is not required. R ly his - An amount equal to 110% of the cost to complete the retaining wall constructi tre Li&h tin - An amount equal to 110% of the cost to complete the rnainir�nu required lighting. 1f additional lighting is planned, a bond for that cost is not required ($4,000 per light has been u g thus cost). us ed to calculate Buffer M-0um — An arnount equal to 110% of the cast to buffe manufacture and install the necess r monuzne,7tatron si gns around all ponds and wetlands ($50 per sign has been used to ' calculate thus cost). P�'k�m - An amount equal to 110% of the cost of improvements agreed upon to be completed in t h park areas. e Wetlan Mori ring -- An amount equal to 110% of the cost t4 hire a wetland specialist to monitor th mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hire ed by the City. etland 17 tion/Miti tion — An amount equal to l 10 of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). 11 J � i q od Vidage Y Additioq 06107/04 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004- hal-,d -o &(-1+ 7-b-04- "add t M m464 1 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND PUD FINAL DEVELOPMENT PLAN FOR THE BROCKWAY DEVELOPMENT WHEREAS, the Community Development Department of the City of Rosemount received an application from Contractor Property Developers Co. requesting Preliminary Plat approval to redevelop the Brockway property to a PUD -mixed residential use and future neighborhood commercial site. The property is legally described as: That part of the South West '/4 of the North East '/4, Section 20, Township 115 North, Range 19 West, Dakota County, Minnesota, lying East of the center line of S.T.H. No. 3 (formerly S.T.H. No. 218); All of Government Lot 2, said Section 20; that part of the North '/2 of the South East' /4 of Said Section 20 lying East of the centerline of said S.T.H. No. 3, lying West of the Westerly right of way line of Chicago, Milwaukee, St. Paul and Pacific Railroad, and lying North and West of the following described line: Commencing at the intersection of the South line of said North 1 /2, South East' /4 and said Westerly right of way line of Chicago, Milwaukee, St. Paul and Pacific Railroad; thence South 89 degrees 43 minutes 18 seconds West, assumed bearing along said South line, 270.47 feet to the point of beginning of the line to be described; thence North 12 degrees 05 minutes 15 seconds West, 357.87 feet; thence North 89 degrees 43 minutes 18 seconds East, 500.28 feet to said Westerly right of way line and there terminating. WHEREAS, on March 23, 2004, the Planning Commission of the City of Rosemount reviewed the Preliminary Plat to redevelop the Brockway property to a PUD -mixed residential use and future neighborhood commercial site; and WHEREAS, "on April 27, 2004, the Planning Commission of the City of Rosemount reviewed revisions and updates guided by staff for the Preliminary Plat to redevelop the Brockway property to a PUD -mixed residential use and future neighborhood commercial site; and WHEREAS, on April 27, 2004, the Planning Commission of the City of Rosemount conducted a public hearing for the purpose of reviewing the preliminary plat for compliance with the Shoreland Overlay Regulations as a Planned Unit Development; and, WHEREAS, on May 25, 2004, the Planning Commission of the City of Rosemount reviewed further revisions and updates guided by staff for the Preliminary Plat to redevelop the Brockway property to a PUD - mixed residential use and future neighborhood commercial site; and WHEREAS, the Planning Commission of the City of Rosemount found the Preliminary Plat consistent with city standards for approval of a PUD and consistent with zoning regulations and guidelines including the Shoreland Overlay Regulations with recommended conditions; and RESOLUTION 2004 - + WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Preliminary Plat for the Brockway development subject to conditions; and WHEREAS, on July 6, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Preliminary Plat for the Brockway development; and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Preliminary Plat for the Brockway development, subject to: 1. Execution of a PUD Agreement. 2. Approval of other applicable agencies including, but not limited to, Dakota County Plat Commission and the Minnesota Department of Transportation. 3. The Developer shall be responsible for all costs associated with street and utility improvements serving the development, including the construction of a right turn lane on eastbound County Road 38 into the development. These costs shall include all costs associated with the construction of a storm sewer outlet from the project to Basin #1589 located on the south side of Connemara Trail. 4. A cash payment of $100.00 per front -foot along County Road 38 shall be deposited with the City for costs associated with County Road 38 improvements. 5. The first final plat completed for the development shall include the dedication of all right -of -way for Street 1, Street 5, Street 6 and County Road 38. 6. All through private streets, outlots F, P and S, shall be a minimum of 28 feet wide face to face. Connecting portions of Outlots H and J shall be a minimum of 28 feet wide face to face, or as approved by City Staff. Parking shall be allowed on one side only. 7. No parking will be allowed on Streets 1, 4, 5 and 6. For all other public streets, parking shall be allowed on one side only. On Street 2 & 3, parking shall be on the inside edge. 8. Lot 2, Block 5 shall include a driveway turn- around to provide an alternative to backing into the street 5. As no on- street parking is recommended, the turn around shall also provide guest parking. Lots 1 & 2 Block 5 shall be designed with lot fronts and driveways oriented either to Street 2 or Street 3. 9. The existing driveway access to State Highway 3 shall be closed with the first phase of grading. Construction access shall be restricted primarily to Connemara Trail and secondarily to County Road 38. RESOLUTION 2004 - 10. Seven additional common parking spaces are required for Blocks 21 and 22. 11. The Developer will make reasonable attempts to accommodate plan revisions for garages in Gables II and Villa II housing to be incompliance with minimum size requirements. In the event such revisions are impractical, or would result in further inconsistencies with PUD or zoning standards, garages of less than 440 sq. ft. will be permitted if the base price for the affected housing meets Met Council affordable housing criteria. 12. Repair and maintenance of all private trails and sidewalks are the responsibility of the homeowners association(s). Snow removal from all public and private trails and sidewalks shall be the responsibility of the homeowners association(s) or the adjacent private property owners. The trail exhibit outlines public and.private responsibilities. 13. Outlots A and B shall be owned and maintained by the homeowners association or the outlots shall be eliminated by extending the lot lines from Blocks 2 and 3 to the outer edge of the plat and dedicating drainage and utility easements for storm water and infiltration ponding. 14. Single family housing in Blocks 1, 2, 3, 4, 5, 6 & 7 shall have minimum garage setbacks of 30 feet and principal structure front yard setbacks of 25 feet. The architectural conditions of Resolution 2004 -6 may be waived on interior lots as long as a majority of the lots including all corner lots shall have traditional housing styles. Those interior lots with building fronts behind or even with garages shall be subject to the 30 -foot garage setback. 15. Extensive landscaping is required for screening along State Highway 3. Optimum landscape screening includes earthen berms in combination with varieties of trees and shrubs to simulate a natural environment. In cases where berms are not feasible, screening shall be accomplished with landscaping equivalent to a double row of staggered ten foot high coniferous Spruce (or equal), or over -story deciduous boulevard trees augmented by shrub planting beds to facilitate full- spectrum screening subject to Staff approval. 16. All landscaping with public rights -of -way, outlots and the round -about shall be maintained and replaced as necessary by resident homeowners association(s). Landscaping is subject to sight - triangle criteria for preservation of visibility at intersections, subject to City Engineer approval. 17. Entry monuments shall be subject to sign permits and normal zoning standards. Appropriate sight distances must be maintained. The north entrance monument shall be located in Outlot B dedicated to the City. If Outlot B is absorbed by adjacent single- RESOLUTION 2004 - family lots, an easement shall be dedicated to the homeowners association for monument maintenance. 18. PUD Amendments are required for the 120 apartments and 60 senior units in Blocks 14 and 15. Site Plan, architectural elevations, landscaping and all associated site amenities shall be reviewed in conformance with the approved concept plan and Resolution 2004 -6. 19. The neighborhood commercial on Outlot R, Block 20 is subject to Comprehensive Plan Amendment and rezoning, and separate PUD approval. 20. The revised clubhouse shall require Planning Commission and City Council site plan approval for conformance with the PUD and applicable standards. 21. No privacy, chain -link, or generally opaque fences will be permitted along any public street right -of -way. Split rail or equivalent may be permissible, subject to city approval. 22. Incorporation of other agency comments resulting from the Environmental Assessment Worksheet process including implementation of the Dakota County and MPCA approval of a response action plan (RAP) and a construction contingency plan (CCP) prior to City issuance of a grading or demolition permit for the property. 23. Incorporation of recommendations of the Parks and Recreation Commission regarding Park Dedication and facility design & construction. • Parks dedication credit should not be given for any pipeline easements, unnecessary ponding in the park, or other items that negatively impact the park site or are deemed unusable. • The playground area needs to be enlarged to at least 60' x 95'. • The infiltration basin in Outlot M has not been removed. • The park plan needs to have approval from the owners of the pipeline easement. • The need for parking has not been adequately addressed for the disc golf course. 26 parking spaces in the park located in Outlot M and on- street parking will not be enough parking for the public park areas. • As outlined in the City's Subdivision Ordinance, all park dedication in the form of land and monetary compensation will occur with the first final plat approval prior to recording. Staff would recommend that we continue with this practice unless other arrangements can be made to have the park installed in a timeframe that satisfies the Parks and Recreation Commission. • The lot line for the senior apartment area should be adjusted for the trail to remain in the park. • The park plan also needs to include other on -site amenities such as an irrigation RESOLUTION 2004 - structure, drinking fountains, etc. 24. Incorporation of recommendations of the City Engineer relative to drainage, grading, street design, easements and utilities. 25. The cul -de -sac Street 8 shall have all mailboxes clustered in one location as approved by the Postmaster. In addition, driveways may be shared with cross - access easements and relief from side -yard parking and driveway setbacks. Only three driveways will be allowed within the cul -de -sac bubble. 26. The following outlots shall be dedicated to the City at the time of final plat: T & M for Park Dedication, Outlots D, E, I shall be dedicated to the Homeowner's Association with a public trail easement. 27. Plan revisions are required for the round -about on outlot K and related open spaces in Outlots G, I, and O for the purpose of articulating open space amenities and cohesion with the sidewalks and trail system. In the event that conflicts between the round -about vehicular function and the pedestrian system cannot be resolved, then an alternative design for a pedestrian system is required as an important feature of the development and it's linkages to the city -wide system, and in light of the consideration that a trail along State Highway 3 has been shown to be impractical. ADOPTED this 6 day of July, 2004 by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Second by: Voted in favor: - Voted against: Member absent: