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HomeMy WebLinkAbout6.h. Receive Plans & Spec's/Authorize Ad for Bid-Glendalough 4th Addition Street & Utility Improvements, City Project #386CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: June 15, 2004 AGENDA ITEM: Receive Plans & Spec's /Authorize Ad for Bid - AGENDA SECTION: Glendalough 4 Addition Street & Utility Improvements, City Consent Project #386 PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AG" *6 ATTACHMENTS: Resolution APPROVED BY: RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION RECEIVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BID FOR GLENDALOUGH 4 ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #386. ACTION: BACKGROUND: The Glendalough 4 Addition Street and Utility Improvement project consists of the construction of streets and utilities to serve 19 lots within the Glendalough 4 ffi Addition of the Evermoor development. The project area is- located .east of Evermoor Parkway and north of Connemara Trail. All costs associated with the project will be paid by the Developer, Lundgren Brothers Construction. A copy of the plan and specifications is on file in the Engineering Department for review. 6 /_1 .�'El Staff recommends that Council receive the plans and specifications and authorize the advertisement of bids for Glendalough 4t' Addition Street and Utility Improvements. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 - A RESOLUTION RECEIVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR GLENDALOUGH 4 TH ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT #386 WHEREAS, the City Council of the City of Rosemount have ordered the preparation of plans and specifications for Glendalough 4th Addition Street and Utility Improvements, City Project #386 and such plans and specifications have been presented to this Council for approval: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota: 1. Such plans and specifications are hereby approved and ordered placed on file in the office of the City Clerk. 2 The City Clerk shall prepare and cause to be inserted in the official City newspaper and the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications for City Project #386. 3. The advertisement shall be published in each of said publications at least once not less than three (3) weeks before the date set for opening bids, shall specify the work to be done, shall state the bids will be publicly opened on July 9, 2004 at -10:00 o'clock a.m. at the Rosemount City Hall in said City and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five (5 %) percent of the amount of such bid. ADOPTED this 15` day of June, 2004. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Seconded by: Voted against: -9 lol jo uolsuedxa ayl pannolle vanl ui s!yl - sluawasee yl!nn peoeldaJ pue paleu!w!la seen L �oo18 uo lollnp ayl - luals!suoo aq of punol AlleJau96 pue geld keu!wllaJd panoJdde ayl yl!nn paaedwoo uaaq sey geld leUg ayl - sa6eJe6 papeol apps Jo passeow pue `sayoJod luoJj `aanloal!yoJe padueyue Jol abueyoxe ui s�oeglas peonpaJ seq pooyJogy6!au slyl ' (]nd ayl toped sV - JOOwa9A310 uo!loas „pooyJogy6!aN 6ulsnoH leuo! }!peal„ ayl s! y6nolepua10 - slo-1 AI!wed 91 66 geld of uo!l!ppd 40 y6nolepuaf0 JoowJ9A3 Job. lenoJdde field leu!l slsanbei `sJayloJB uaJ6pun `lu ayl Auvwwns and Joolw9A3 19 Al!sua(] M od `� - 2l :6u!uoZ luaiino - 6u!snoH leuo!l!peJl JOI slo AI!wed 916u!S 6L :sl!un /slo }o JagwnN AemVed JoowJ9n3 }o lsea `£ AemgBIH }o }sane `l!eJ1 eJew9uuoO 10 WON :uo!leoo-1 saayloJB u9J6pun- :(s)Jaumo A:pedoJd 19 lueoilddy ONn0anovs 3nss1 : NOIIOV •uo!l!PPV 41t 4 nolepua10 JoowJaA3 JOI lu9w99J6V uo!s!A!pgnS ayl jo uo!lnoexe ayl ezlJoylne of uoijoW - Z - suoil!puoo of loafgns uo!l!ppV gl,.gBnoiepual0 aoowaaA3 Jol teld leug ayl 6uiAoidde uo!lnlosaJ .e tdope of uolloW , 1 :NOIlOV a3aN3WWO33M OOOZ '9 L Aevq w04 salnulW 00 `OOOZ ' L 4 I!JdV woJj solnu!W :A8 a3AOMddV Od `uollnlosa�j geld keulw!IeJd 'leld leu!d 'deV11 uo!leoo -1 'Vo /5Z /5 woJj selnu!lIN Od :.eJ(] `luawa9J6V uo!s!A!pgnS `uo!lnloseU leld leU1d :S1N3WHOV1IV 9 4waa JGuueld 40 luelsissV 'd'O'I *V'luepull uosef :As a3MVd3bd luasuoO sJayloJB uaJ punk :NO1103S VaN39V leld leu! uo!l!ppV y ; b y6nolepue10 JoowJ9A3 :W311 VaN30V t 'SZ AeVl :ale(] nu!leaIN pounoO A4!0 NOIlOV 2103 Amvwwns 3AI1n03X3 1NnOwasoN AO Am Planning Commission Action The Planning Commission reviewed this item during their May 25, 2004 meeting and unanimously recommended the City Council approve this final plat. Draft minutes from that meeting are attached for your reference. A public hearing is not required for final plat approval, unless the final plat is significantly different from the approved preliminary plat. As a result, staff recommends consent approval for this item. 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2404- A RESOLUTION APPROVING THE FINAL PLAT FOR EVERMOOR GLENDALOUGH 4TH ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from Lundgren Brothers requesting Final Plat approval to plat 19 single family lots for Traditional Housing, for the property legally described as: Outlot A, Evermoor Glendalough, according to the recorded plat thereof, Dakota County, Minnesota. WHEREAS, on May 25, 2004, the Planning Commission of the City of Rosemount reviewed the Final Plat to plat 19 single family lots for Traditional Housing; and WHEREAS, the Planning Commission of the City of Rosemount found the Final Plat consistent with the terms and conditions of the Preliminary Plat; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Evermoor Glendalough 4 Addition subject to conditions; and WHEREAS, on June 15, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Final Plat for Evermoor Glendalough 4 th Addition; and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Evermoor Glendalough 4`" Addition, subject to: 1. Execution of the Subdivision Development Agreement for Evermoor Glendalough 4th Addition. 2. Payment of all other development associated fees in conformance with the current fee schedule including, but not limited to, G. I. S., Storm Water Access, Trunk Water and Sewer Access Charges. 3. Conformance with all requirements of the City Engineer including, but not limited to, extension of the easement on Lot 2, Block 1 to match the easements on Lots 1 and 3, Block 1. RESOLUTION 2004 ADOPTED this 15` day of June, 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: 2 SUBDIVISION AGREEMENT Glendalough 4th Addition AGREEMENT dated day of , 2004, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and Lundgren Bros. Construction, Inc, (the "Developer "). 1. Request for Plat Approval The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Glendalough 4 th 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. Conditions of Plat Approval The City has approved the subdivision and the plat on the following conditions: 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.I.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. Phased Development The City may refuse to approve final plats of subsequent additions 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 phases are approved by the City. 4. Effect of Subdivision Approval 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. Development 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 Director. 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: Plan A - Plat Plan B -- Soil Erosion Control Plan and Schedule Plan C -- Drainage and Storm Water Runoff Plan I Glendalough 4` Addition 06/07/04 Plan D -- Plans and Specifications for Public Improvements Plan E -- Grading Plan and House Pad Elevations Plan F -- Street Lights Plan G -- Landscape Improvements 6. Installation by Developer 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 6 which will serve the subject property by June 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. 8. Public Infrastructure The following improvements, known as City Project #386, 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 of plat and subdivision approval have been met, the plat is recorded and the City has received the bonds and security required by this agreement. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction. 2 Glendalough 4 Addition 06/07/04 9. Deposit for Cost of Public Infrastructure Improvements For the purpose of financing the construction, installation and maintenance of the Public Infrastructure Improvements, Developer shall promptly make payments to the City of sums deemed necessary by the City to make timely payments to its contractor as follows: a. Prior to the receipt by the City of bids for the Public Infrastructure Improvements, Developer will pay to the City a cash deposit in the amount of One Hundred Fifty Thousand Dollars ($150,000) to cover one or more periodic payments to the City's contractor. Such deposit and later payments to the deposit as provided in this paragraph will be held by the City and used to pay the City's contractor for Public Infrastructure Improvements and no other purpose. b. From time to time as the City's construction of the Public Infrastructure Improvements proceeds and the amount held in the Developer's deposit is diminished by payments to the City's contractor, the City will give written notice specifying an amount due from the Developer to replenish the deposit, as determined by the City to be necessary to cover one or more periodic payments to the City's contractor. Payments shall be due no later than five (5) working days after receipt of notice by the Developer. C. No interest will be paid or credited to Developer on funds held by the City in the deposit. Following final payment for Public Infrastructure Improvements the City will return any unused funds in the deposit to Developer. d. Upon execution of this Agreement, Developer will provide a letter of credit in form satisfactory to the City in the amount of One Hundred Twenty -Five Thousand Dollars ($125,000) (which is 110% of the estimated construction costs ($250,000) less the initial deposit), conditioned on the prompt and faithful performance by Developer of its obligations under this paragraph 9. This letter of credit may be combined with any other letter of credit given to secure performance under this Agreement provided the form thereof is approved by the City. 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 remedy, City may, at its 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 hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Public Infrastructure Improvements. 10. Security for Developer Improvements To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or two (2) individual irrevocable letters of credit from a bank ( "security ") for: a.) $35,200 Landscaping 3 Glendalough 4` Addition 06/07/04 b.) $78,650 All Other Improvements which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: Refer to Exhibit A for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter of credit may be reduced from time to time as financial obligations are paid and developer installed improvements completed to the City's requirements. 1L Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and approved by the City Public Works Director. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Public Works Director satisfactory proof of payment for the site grading workk and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities is occurring simultaneously with the grading, the 4 Glendalough 4` Addition 06/07/04 Cost 110% Landscaping 32,000 35,200 Grading & Erosion Control 25,000 27,500 Pond Restoration and Erosion Control Removal 25,000 27,500 Survey Monumentation 9,500 10,450 Retaining Walls - -- - -- Street Lighting (3 lights) 12,000 13,200 Buffer Monumentation - -- - -- Park Equipment/Improvements - -- - Wetland Restoration/Mitigation - -- - -- Wetland Monitoring - -- - -- Total 71,500 78,650 Refer to Exhibit A for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter of credit may be reduced from time to time as financial obligations are paid and developer installed improvements completed to the City's requirements. 1L Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and approved by the City Public Works Director. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Public Works Director satisfactory proof of payment for the site grading workk and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities is occurring simultaneously with the grading, the 4 Glendalough 4` Addition 06/07/04 Cost 110% Landscaping 32,000 35,200 Total 32,000 35,200 Refer to Exhibit A for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter of credit may be reduced from time to time as financial obligations are paid and developer installed improvements completed to the City's requirements. 1L Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and approved by the City Public Works Director. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Public Works Director satisfactory proof of payment for the site grading workk and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities is occurring simultaneously with the grading, the 4 Glendalough 4` Addition 06/07/04 utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 12. License The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the installation of Public Infrastructure Improvements.. 13. Erosion Control Before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast- growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. All basement and/or foundation excavation spoil piles shall be kept completely off City right -of -way and shall be completely surrounded with an approved erosion control silt fence. Approved erosion control fencing shall be installed around the perimeter of each lot or at City approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot opening will be allowed on each lot for construction deliveries. The parties recognize that time is of the essence in controlling erosion. If development does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. 14. Planting and Seeding Landscaping shall be in accordance with Landscape Plans approved by the City Planner. 15. Clean up . The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the Developer, the City will complete or contract to complete the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13. The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas of erosion/siltation and restore to the original condition at the end of home construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 5 Glendalough 4 th Addition 06/07/04 16. Ownership of Improvements Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public rights -of- way and easements shall become City property without further notice or action unless the improvements are slated as private infrastructure. 17. Warranty The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting. 18. Responsibility for Costs A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subject Property including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the subdivision and the plat, the preparation of this Agreement and any amendments hereto, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subject Property. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of this Agreement, including engineering and attorney's fees. The estimated City fees of $57,480, less the initial deposit of $15,000, shall be deposited with the City at the time this Agreement is signed, and represent the following estimates: $42,500 Engineering Fees $ 2,000 Attorney Fees $12,500 5% City Fees $ 480 Street Light Energy Cost $ - - -- Seal Coating $57,480 If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within 10 days of the request. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may half development work and construction including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the 6 Glendalough 4' Addition 06/07/04 bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9 %) per year. E. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24- months at a cost of $5 /month/light. After that, the City will assume the energy costs. F. The Developer will pay the cost of sealcoating the streets within the development at a cost of $0.60 /SY. The sealcoating will be completed within two (2) years following wear course placement. 19. Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of, execution of any plat by the City: A. Park dedication fees in the amount of $0.00. B. Geographic Information System (GIS) fees in the amount of $1,045. C. Storm Sewer Trunk Area Charges in the amount of $35,776.50. Or such other amounts for such fees as in effect at the time of plat approval. 20. Developer understands that builders will be required to pay for the Subject Property the fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $1,350). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (currently at $510). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,125 /SAC unit). D. Water Availability Charges per SAC unit (currently at $1,340 /SAC unit for single family residential and multi - family residential). E. Trunk Sanitary Sewer Charge per Unit (currently at $338.34/unit) F. Trunk Water Charge per Unit (currently at $1,336.62/unit) 21. Building Permits No occupancy permits shall be issued until: A. The site grading is completed and approved by the City. B. All public utilities are tested, approved by the City Engineer, and in service. 7 Glendalough 4` Addition 06/07/04 C. All curbing is installed and backfilled. D. The first lift of bituminous is in place and approved by the City. D. All building permit fees are paid in full. 22. 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. Developer'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 of this Agreement is for any reason held invalid, such decision shall not affect the validity of the 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. 8 Glendalough 4` Addition 06/07/04 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 failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to 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. L The Developer may not assign this Agreement without the written permission of the City Council. 24. Notices Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Lundgren Bros. Construction, Inc. 935 E. Wayzata Boulevard Wayzata, MN 55391 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: City Administrator, Rosemount City Hall, 2875 145 Street West, Rosemount, Minnesota 55068. 9 Glendalough 4` Addition 06/07/04 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above, written. CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: Linda Jentink, City Clerk BY: Its BY: Its STATE OF MINNESOTA �. ) SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of , 2004, by William H. Droste, Mayor, and Linda Jentink, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2004 by , and a , on behalf of the said Notary Public Drafted By: City of Rosemount Rosemount 2875145th Street West Rosemount, MN 55068 10 Glendalough 4` Addition 06/07/04 EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement: Grading & Erosion Control — 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. Pond Restoration/Erosion Removal — A security to allow for cleaning of sedimentation ponds prior to City 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). Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the development. Landscaping — An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a bond for that cost is not required. Retaininz Walls — An amount equal to 110% of the cost to complete the retaining wall construction. Street Lighting — An amount equal to 110% of the cost to complete the minimum required lighting. If additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate this cost). Buffer Monumentation — An amount equal to 110% of the cost to manufacture and install the necessary buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost). Park Equipment - An amount equal to 110% of the cost of improvements agreed upon to be completed in the park areas. Wetland Monitoring — An amount equal to 110% of the cost to hire a wetland specialist to monitor the mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City. Wetland Restoration/Mitigation — An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). 11 Glendalough 4 th Addition 06/07/04 ATTACHMENT ONE (Legal Description) 12 Glendalough 4` Addition 06/07/04 Excerpt from the minutes of the 5 -25 -04 Planning Commission Meeting MOTION by Powell to approve the consent agenda. Second by Schultz. 5A. CASE 04 -34 -FP Lundgren Bros. Glendalough 4 th (Evermoor) — (Single family homes) Final Plat 5B. CASE 04 -26 -CON Dean Johnson Homes Concept Plan Approval Continue the public hearing to June 22, 2004. 5C. Cancel Planning Commission meeting of June 8, 2004. There are no items for discussion or action. Ayes: Zurn, Messner, Humphrey, Powell, and Schultz. Nays: None. Motion carried. SITE MAP ___„ '� 11 � i` TOTE: Dimensions rounded to nearest foot. Iopyright 2004, Dakota County - 'his drawing is neither a legally recorded map nor a survey and is not intended to be used as one. his drawing is a compilation of records, information and data located in various city, county, and tate offices and other sources, affecting the area shown, and is to be used for reference purposes nly. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are )und, please contact Dakota County Survey and land Information Department. Aap Date: May 20, 2004 Parcels Updated: 5/13/2004 Aerial Photography: so 3 e n a Pq ° "O m Z 0 x a ta7 a e c S eq yy g3 ury9 o't g 9 T ° � � a N Q n O - / 1— !3 'L i ]_C) Ab I I pg°ii� - J 5� 3; i 4 x , - _ 18 $ � H \• . gl 9t'BCL 1L .6��8N� 1 r•, e� °� � ° 3 \ £ ZlN Co. \ 3 S 69 • 'l15 l l \ mil\ 1 1 (� ♦ :r N C) 1 al e i la -L �� • _ i .n.ni9 � \ Z l SIG Y. \3, - -�_: ao,°z•LLx -.� \ ?� , �` .7 �• �N \$ t` l c9si� - - el 1. 4 ' N rJ ''� ••ol ( \ \/ 'n N�. A +N � �3 ri'/ 4'$ e �y.: r ' \2 \ /a\�• / B„°� vx Iz UI O 011 1: L ;, 3p n \ \ 4 �/] •\ C1 `.° ng.Q 1 l g ii ys y �` \ \V \ W v _U r L i 9` � / / �b J (• ��y( Cp T 1 T'. v qv", Cy6 � c` I ,,,, / 1— !3 Regular Meeting Minutes April 11,.2000 Page 2 Public Hearin Evermoor Keller Trust Preliminary P1at/PIJD Develo ment Plan Rezonings Cont'd. from 3 -28 -00 Chairperson Droste opened the public hearing on the application by Contractor Property Developers Company (CPDC) for the Preliminary Plat for Evermoor (Kelley Trust development). This public hearing is continued from March 28, 2000. Councilmember Klassen announced a City Council work scheduled for Wednesday, April 12, 2000, at-6:30 p.m., to discuss issues related to the Kelley Trust development. Chairperson Droste opened the floor to the Applicant. Homer Tompkins and consultants for CPDC were present to respond to questions. Mr. Pearson presented a summary of staffs recommendations for the preliminary plat. He indicated that the wetlands would go through a separate review process. Examples of wetland mitigation were given. Mr. Pearson explained the developer has reduced the level of impact to the high_ quality wetlands by modifying the street design, preserving ponds, adding graded wetland areas, and constructing retaining walls. Unresolved issues include street widths, trail maintenance, and public vs. private open spaces. The developer does not agree with 36' street widths for Street A in the area with direct driveway access. Commissioner Weisensel inquired about the impact on wetlands. Alyson Morris responded there is a total of approximately 32 acres of wetlands, 1.1 acre of which has been impacted. Mr. Jelle with CPDC clarified the total acres include wetlands and stormwater ponding. Discussions continued concerning rear yard setbacks, density east of Shannon Parkway, housing percentages, and the cost of maintaining open space. In response to questions concerning parks on the east side, Dan Schultz indicated the Parks & Recreation Committee recommended those parks be private. He suggested the city pursue an underpass on Connemara Trail. Chairperson Droste suggested clear language in the PUD requiring paved paths along both sides of the collector streets, including Shannon Parktivay, Connemara, and Street A. Bret Weiss addressed issues of trail maintenance, recommending the city maintain the trails on collector streets and that the homeowner associations be responsible for mowing and tree maintenance along the trails. TVfr. Weiss also addressed concerns about the 36' wide streets. Chairperson Droste feels the wide streets take away from the charm of the neighborhood. Mr. Weiss noted Regular Meeting Minutes April 11, 2000 Page 3 problems that would result if Street A were less than the recommended 36' in the area where houses front the street. He further recommended no parking on Street A. Mr. Tompkins named various builders for this development. He explained an Architectural Advisory Committee would be assembled to review all building plans. All building permits must obtain committee approval prior to issuance. Mr. Tompkins also described plans for fiber optics and communication systems. Chairperson Droste opened the floor to the public. Chairperson Droste entered into the record a letter, dated March 26, 2000, from Richard and Meryl Eastwood. Katie Corrigan 12990 Shannon Parkway, presented a Petition signed by students saying they care about the land and want to save the views. The Petition was entered into the Clerk's record. Commissioner Shoe - Corrigan summarized her concerns about the development, including speed & safety concerns on Connemara, Shannon Parkway, and Street A. Also of concern is the transition area between the senior housing and R -1 housing on Shannon Parkway, together with the northern area on the east side between houses on 131 Street and the R -1 housing. She feels a 50' setback between different housing types is more appropriate for transition.. The paved trail between 131 Street and the R -1 housing should be replaced with a mowed trail that could be used for cross - country skiing. She . w'ould like to see language in the PUD addressing setbacks, sheds, and outside storage, along with height restrictions on the Estate Homes. She prefers to see the high point vista preserved and landscaping along Street A to create a corridor. Mr. Jelle indicated they would address the spacing on 131 street, trails, and setback concerns. Mr. Pearson indicated the Estate Homes are of tremendous value, and that landscaping, buffering and setbacks will mitigate the multi -level homes. He explained that height restrictions could not be mandated. Density in the Estate Homes area is consistent with the concept plan. MOTIOi\i by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe- Corrigan, Weisensel, Tentinger, and Droste. Nays: 0. Motion carried. Commissioner Weisensel expressed his concern that 63% of the wetlands have been impacted. He feels the developer did not meet expectations. Alyson Morris explained a more accurate representation is the percentage of impact based on acrea?e. A further breakdown of impacts to the wetlands will be provided to the Planning Commission. Commissioners noted remaining issues and the importance of clearly stating expectations. in the PUD. Regular Meeting Minutes April 11, 2000 Page 4 MOTION by Droste to table action until April 25, 2000, to allow staff an opportunity to provide additional detail regarding the PUD agreement. Seconded by Shoe - Corrigan. Ayes: Weisensel, Tentinger, Droste, and Shoe- Corrigan. Nays: 0. ' Motion carried. Chairperson Droste recessed the meeting at 9:15 p.m. for 5 minutes. Chairperson Droste recessed the regular Planning Board of Appeals & Adjustments. Commission meeting and opened the Public Hearing: Jeffery Johnson Variance for Accessory StructurE �Co nt'd. from 3- 28 40) Chairperson Droste opened the public hearing on the application by Jef7ued son for a van rce to setbacks for an accessory structure. This public hearing is c Marc 8, 2000. Jeffery JAR son explained the limitations for building sites on his�rloperty due to steep slopes and tries. He is requesting a variance to place a garage err the northeast corner of his property, fr e feet from the north and east property lines�he required setback is 30 feet. Mr. Pearson noted th t steep slopes are characteristic,.6f the entire site. He suggested an alternative location in e front yard, which would xr quire a lesser variance. Mr. Pearson was unable to support th' equested variance for northeast corner. Chairperson Droste opened th Public Hea 'fi/ Sharon Johnson 12445 Chinchilla Coud, is a neighbor and expressed her strong Opposition to placement of the gara� in the front yard. This would be in direct view of her house and would decrease he /�ro rty value. If the garage were placed in the northeast corner, it would be out of sigh Discussions continued conce Q alte J mate locations, including a site closer to the house. Mr. Johnson responded this site was initially preferred but, because of the severity of the slope, it required extensive grading & backfill and also involved the removal of 4 oak trees. This site wou dbe more visible to homes across the pond, and he would be unable to back equipmerit'into the garage at this location. Mi.-Johnson explained the location in the northeast corner would allow the garage to be cut into the side of a hill, resulting in less visiblencrete. MOTION by Droste to close the public hearing. Seconded by Tentinger. A y es: Tentinger, Droste, Shoe - Corrigan, and Weisensel. Nays: 0. Motion carried: Commissioner Tentinger felt the variance in the northeast corner was too much, but would be willing to grant a lesser variance for the site closer to the house. ROSEMOUNT CITY PROCEEDINGS REGULAR MEETING MAY 16, 2000 Evermoor ( Kellev Trust) Preliminary Plat/P Development Plan, R ezonings City Planner Pearson reviewed the Preliminary Plat and Planned Unit Development Agreement for the Kelley Trust property east of Diamond Path, either side of Shannon Parkway and west of Dodd Boulevard by Contractor Property Developers Company. Pearson reviewed the Park Dedication , wetland , and woodland designations, which are also scrutinized by the Fish & Wildlife agency and Minnesota Natural Resources. The Planning Commission made specific recommendations for additional landscaping along some of the borders and next to the senior's housing. Set backs were discussed. The PUD is the control mechanism and the final plat will come before the Council next month. The land will be purchased for the first phase next week and then grading of the land will begin in mid -June. It will take about three years to complete the first phase of the project. MOTION by Cisewski to approve the Evermoor preliminary plat/PUD development plan subject to approval of the wetland mitigation and replacement plan and execution of a PUD Agreement that will secure the recommendations of the Engineering/Public Works, Parks & Recreation, Planning, Police and Fire Departments; and the Planning Commission. Second by Edwards. Ayes: Edwards, Klassen, Cisewski, Busho, Caspar. Nays: None. Motion carried. MOTION by Busho to rezone land consistent with applicable zoning districts. Second by Caspar. Ayes: Klassen, Cisewski, Busho, Caspar, Edwards. Nays: None. Motion carried. MOTION by Busho to adopt A RESOLUTION APPROVING A SUBDIVISON OF THE EVERMOOR PROPERTY COMMENSURATE WITH THE PHASING PLAN SUBJECT TO THE EXECUTION OF THE PUD AGREEMENT. Second by Cisewski. Cisewski, Busho, Caspar, Edwards, Klassen. Nays: None. Motion carried. PUBLIC HEARING (Continued) Modification to the Tax Increment Financing District Mayor Busho explained the Public Hearing procedure and confirmed with City Clerk Jentink that the affidavits of public notice and publication were on file. The Public Hearing was continued from the May 2, 2000 City Council meeting. Mayor Busho opened the Public Hearing. There was no one present in the audience for input. MOTION by Edwards to close the Public Hearing for the Modification to the Tax Increment Financing District. Second by Klassen. Ayes: Five. Nays: None. Motion carved. City Administrator Burt noted that the TIF District budget was being amended to increase the level of debt for the project area to accommodate future expansion of public improvements. The hope is to encourage new businesses which allows more jobs and more benefit to the commercial areas. The business park lots will be back on the tax roll for county and school districts by 2006. This will not impact an increase to Rosemount tax payers. 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000- 4 8 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND FINAL PLANNED UNIT DEVELOPMENT FOR EVERMOOR Contractor Property Developers Co. WHEREAS, the Community Development Department of the City of Rosemount received an application for approval of the Preliminary Plat and Final Planned Unit Development for Evermoor; and WHEREAS, on March 28, 2000, the Planning Commission of the City of Rosemount reviewed the Final Planned Unit Development and Preliminary Plat for Evermoor and recommended approval, subject to conditions; and WHEREAS, on May 16, 2000, the City Council of the City of Rosemount reviewed the Preliminary Plat and Final Planned Unit Development for Evermoor. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Preliminary Plat and Final Planned Unit Development for Evermoor, subject to: 1. Approval of the wetland mitigation and replacement plan and execution of a PUD agreement that will secure the recommendations of the Engineering/Public Works, Parks & Recreation, Planning., Police & Fire Departments; and 2. Rezoning of land consistent with applicable zoning districts. ADOPTED this 16' day of May, 2000, by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda J. Jentink''CityLderk Motion by: Voted in favor: Voted against:_ Member absent Cisewski Edwards Seconded by: Edwards, Klassen, Cisewski, Busho, Caspar. None. None.