HomeMy WebLinkAbout6.e. Bloomfield 6th Addition Final Plan & Subdivision Agreementw
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
_
City Council Meeting Date: August 19, 2003
AGENDA ITEM: Bloomfield Sixth Addition Final Plat &
Subdivision Agreement
AGENDA SECTION:
Consent
PREPARED BY: Rick Pearson, City Planner,
Andy Brotzler, City Engineer
AGENDA NO.
�•
ATTACHMENTS: Draft Resolution, Location map, Final plat
APPROVED BY:
reductions, Subdivision Development
Agreement
Applicant & Property Owner(s): Centex Homes, Inc.
Location: East side of Auburn Ave. & Connemara Trail as extended
Area in Acres: 19.95 acres
Number of Lots: 41 (2.05 dwellings per acre)
Comp. Guide Plan Desig: Urban Residential
Current Zoning: R -1, Low Density Residential
Planning Commission Action: Recommendation of Approval (5 -0) with a modification of the 6th
recommended condition
SUMMARY
This final plat is anticipated to be the second last series of single family lots to be platted in Bloomfield. This
step represents the last planning review prior to recording of the lots for infrastructure improvements, housing
construction and sale. The plat has been reviewed for compliance with R -1 standards and the preliminary plat.
Overall, the plat is consistent with the preliminary plat as approved. However, there is one lot that is
problematic.
Lot 10, Block 2 is functionally a corner lot and will have thirty -foot setbacks on three sides of the lot. The
street curves around the lot and transitions into a cul -de -sac turn- around instead of being at an intersection of
two streets. A possible solution would be to lengthen "Atwood Court". Sufficient depth appears to be available
between Atwood Court and the Connemara Trail corridor to the north to accomplish this.
PLANNING COMMISSION REVIEW
No public hearing was required for final plat, however, the Developer was present to discuss the final plat. The
Commissioners discussed the lot, and agreed to the additional condition specifying the 30 ft. setback along the
street edge and the rear yard.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the final plat for Bloomfield 6th Addition.
And
Motion to authorize the execution of the subdivision development agreement
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2003
A RESOLUTION APPROVING THE
FINAL PLAT FOR
BLOOMFIELD 6 TH ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received an
application for final plat approval submitted by Centex Homes for Bloomfield 6th Addition, as
required by ordinance, pertaining to land legally described as:
That part of Outlot B and Outlot C, BLOOMFIELD, according to the recorded plat
thereof, Dakota County, Minnesota, described as follows:
Beginning at the northeast corner of Outlot A, BLOOMFIELD 5 ADDITION,
according to the recorded plat thereof, Dakota County, Minnesota; thence North
00 degrees 11 minutes 14 seconds East, along the east line of said Outlots B and
C, a distance of 1,347.65 feet; thence North 89 degrees 48 minutes 46 seconds
West, a distance of 38.02 feet; thence westerly, along a tangential curve, concave
to the north, having a radius of 995.00 feet and a central angle of 23 degrees 11
minutes 08 seconds having an arc distance of 402.64 feet; thence South 21
degrees 21 minutes 25 seconds West, a distance of 56.10 feet; thence
southwesterly, along a tangential curve, concave to the northwest, having a radius
of 300.00 feet and a central angle of 44 degrees 22 minutes 32 seconds, having an
arc distance of 232.35 feet; thence South 21 degrees 25 minutes 11 seconds East,
a distance of 70.07 feet; thence westerly, along a non - tangential curve, concave to
the north, having a radius of 370.00 feet, a central angle of 08 degrees 47 minutes
08 seconds, and an arc length of 56.73 feet; the chord of said curve bears South 70
degrees 39 minutes 52 seconds West; thence South 75 degrees 03 minutes 26
seconds West, a distance of 139.88 feet; thence southwesterly, along a tangential
curve, concave to the southeast, having a radius of 873.13 feet and a central angel
of 31 degrees 40 minutes 48 seconds, having an arc distance of 482.77 feet;
thence South37 degrees 47 minutes 25 seconds East, a distance of 170.11 feet;
thence South 62 degrees 19 minutes 45 seconds East, a distance of 160.00 feet;
thence North 86 degrees 33 minutes 43 seconds East, a distance of 120.34 feet;
thence North 56 degrees 45 minutes 18 seconds East, a distance of 90.83 feet;
thence South 70 degrees 50 minutes 45 seconds East, a distance of 344.01 feet;
thence South 29 degrees 32 minutes 01 seconds West, a distance of 92.387 feet;
thence South 04 degrees 33 minutes 08 seconds West, a distance of 221.26 feet;
thence South 46 degrees 26 minutes 02 seconds East, a distance of 226.31 feet;
thence South 65 degrees 22 minutes 34 seconds East, ' a distance of 306.35 feet;
thence North 89 degrees 31 minutes 28 seconds East, a distance of 27.76 feet to
the point of beginning.
WHEREAS, the Planning Commission of the City of Rosemount reviewed the final plat
application for Bloomfield 6 Addition at their regular meeting on July 22, 2003; and
RESOLUTION 2003 -
WHEREAS, the Planning Commission adopted a motion to recommend approval of the final
plat to the City Council as required by the Subdivision Ordinance, subject to conditions; and,
WHEREAS, the City Council of the City of Rosemount reviewed the final plat application as
required by the Subdivision Ordinance.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the final plat for Bloomfield 6 th Addition, subject to:
1. Execution of a subdivision development agreement.
2. Incorporation of recommendations from the City Engineer relative to drainage,
easements, grading„ streets, and utilities.
3. Dedication of a conservation easement for stormwater infiltration ponds on Lots 9, 10,
14 -19, Block 1 as recommended by the City Engineer.
4. Payment of all applicable development and platting fees including Park Dedication and
GIS as specified in the current fee resolution.
5. Atrium Court shall be renamed to Atwood Circle.
6. Lot 10, Block 2 shall be revised to conform to 30 -foot setbacks along the street edge and
rear yard.
ADOPTED this 19 day of August, 2003, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent:
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MEMORANDUM
DATE:
TO:
CC:
I'
July 14, 2003
Chantel Nelson — Community Development Secretary
Jamie Verbrugge — City Administrator
Andrew Brotzler — City Engineer
Dan Schultz — Parks and Recreation Director
Rick Pearson City Planner
Mick Kaehler — Building Code Official
Anthony Aderhold — Project Engineer
Bloomfield 6 Final Plat
After reviewing the Bloomfield 6 Addition Final Plat received on July 2, 2003 the Engineering
Department offers the following comments:
• The easement between Lots 4 & 5, Block 2 needs to be 15 feet on each side of the property
line for storm sewer.
• The easement between Lots 6 & 7, Block 2 needs to be 20 feet on each side of the property
line for sanitary sewer.
• The easement between Lots 14 & 15, Block 2 needs to be 15 feet on each side of the property
line for storm sewer.
• The easement between Lots 9 & 10, Block 1 needs to be 15 feet on each side of the property
line for storm sewer.
• For Lots 14 19, Block 1, the attached conservation easement shall be provided to the top of
the pond side slope.
It should be noted that these easement widths are the minimum needed for the maintenance of the
corresponding utilities.
If you have any questions or comments regarding the items listed above, please contact me at 651- r
322 -2724
GAAnthony\Plan Reviews\Bloomfield6thPlat.doc
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SUBDIVISION AGREEMENT
Bloomfield 6th Addition
AGREEMENT dated day of , 2003, by and between the CITY OF ROSEMOUNT, a
Minnesota municipal corporation, ( "City "), and Centex Homes, a Nevada General Partnership (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 Bloomfield 6th 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, streets and
utilities.
e. Incorporation of Conservation Easement for stormwater basin.
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`
1
Bloomfield 6th Addition
07/29/03
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
a raamantc
7. Time of Performance The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property by June 15, 2004. 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 #372, 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
E. Sidewalks /Pathways
(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.
2
Bloomfield 6th Addition
07/29/03
Plan B -- Soil Erosion Control Plan and Schedule
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 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
a raamantc
7. Time of Performance The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property by June 15, 2004. 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 #372, 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
E. Sidewalks /Pathways
(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.
2
Bloomfield 6th Addition
07/29/03
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
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 Three Hundred Thousand
Dollars ($300,000) 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 Four Hundred Forty -One Thousand Four Hundred
Dollars ($441,400) (which is 110% of the estimated construction costs ($674,000) 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
irrevocable letter of credit from a bank ( "security ") for $136,950, which is 110% of the estimated
3 Bloomfield 6th Addition
07/29/03
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.
11. 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 work 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
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
4 Bloomfield 6th Addition
07/29/03
Cost
110%
Grading & Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$25,000
$27,500
Survey Monumentation
$20,500
$22,550
Landscaping
$30,000
$33,000
Retaining Walls
0.00
0.00
Street Lighting (6 lights)
$24,000
$26,400
Buffer Monumentation
0.00
0.00
Park Equipment/Improvements
0.00
0.00
Wetland Restoration/Mitigation
0.00
0.00
Wetland Monitoring
0.00
0.00
Total
$124,500
$136,950
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.
11. 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 work 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
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
4 Bloomfield 6th Addition
07/29/03
City during the installation of Public Infrastructure Improvements.
13. Erosion Control Prior to site grading, and 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 48 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.
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.
5 Bloomfield 6th Addition
07/29/03
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
$159,040 shall be deposited with the City at the time this Agreement is signed, and represent
the following estimates:
$114,580 Engineering Fees
$ 5,000
Attorney Fees
$ 33,700
5% City Fees
$ 720
Street Light Energy Cost
$ 5,040
Seal Coating
$159,040
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 halt 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
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
6 Bloomfield 6th Addition
07/29/03
$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 $2,255.
C. Storm Sewer Trunk Area Charges in the amount of $66,343.20.
D. Sanitary Sewer Trunk Area Charges in the amount of $19,650.75.
E. Watermain Trunk Area Charges in the amount of $76,209.00.
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 $1,275).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit
(currently at $1,135).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,090 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,275 /SAC unit for single family
residential and multi- family residential).
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.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued.
7 Bloomfield 6th Addition
07/29/03
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. 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.
F. Prior to issuance of any permits or inspection, an executed easement for storm;water ponding
over the plat lying below elevation 916 along with evidence of marketable title satisfactory to
the City Attorney, shall be submitted to the City.
G. 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,
8 Bloomfield 6th Addition
07/29/03
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.
H. 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.
I. 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.
J. 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:
Centex Homes
12400 Whitewater Drive
Minnetonka, MN 55343
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 Bloomfield 6th Addition
07/29/03
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 ,
2003, 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.
Notary Public
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2003 by , and
a , on behalf
of the said
Notary Public
Drafted By:
City of Rosemount
2875145th Street West
Rosemount, AM 55068
10 Bloomfield 6th Addition
07/29/03
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 wood fiber 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.
Retaining Walls - An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lightin — 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/Miti ag tion - 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 Bloomfield 6th Addition
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Planning Commission Meeting Minutes
July 22, 2003
Page 7
terson Weisensel opened the floor for additional comments. Chairperson Weisen stated
e ld support the motion but wanted send the message to the Council to look at t 's because
it ha eat good potential. Hearing from the residents around there everyone is st gling with
the ide to allow Mr. Cliff to enjoy his retirement and he felt the Commission s uld be
cognizan of that. Mr. Pearson stated that the City Council received directio rom the City
Attorney r arding the lot split request in the past. The Attorney stated th Council could grant
area variance for the split and that was discussed with Mr. Cliff and hi attorney.
Ayes: Anderson, apper, Weisensel, Messner, Zurn. Nays: 0. tion carried.
Mr. Pearson stated t will likely be on the City Council -ag da for August 19, 2003.
Public Hearing: Rosem unt Cimika Retail Center to Plan Review
This site plan review is for e construction of a 16, 6 square foot multi- tenant building next to
the Rosemount Village Center d behind Wend 's and KFC. The plans are in compliance with
the requirements but Staff is req sting additi al information from the developer. Staff is
recommending this be continued u til the gust 12, 2003 meeting to allow the developer time
to submit the additional information.
Reg Plowman, RJ Marco, stated th hav done a good job meeting the City requirements and
there are no problems meeting f her requi ents the City may have. There will be nine total
tenants similar to those foun n the Rosemo Village Center next door.
Chairperson Weisensel ened the public hearing.
Therese Sweitzer, 101 Cimarron Avenue, does not wa t a restaurant going in. She does not
want more traffi and trash. In 2001 she was told there wo Id be two sit -down restaurants and
/ant t not there are two fast -food and no sit down staurants. She has concerns with
e and speed limits not being enforced.
Weisensel to continue the public hearing until August , 2003 to allow the
to submit additional information. Second by Napper. A es: Napper, Weisensel,
, Anderson. Nays: 0. Motion carried.
Old Business: None.
New Business: Bloomfield 6 t '' Addition Final Plat
This final plat is anticipated to be -the second last series of single family lots to be platted in
Bloomfield. This is the last planning review prior to recording the lots for infrastructure
improvements, housing construction, and sale. The plat is in compliance with R -1 standards and
the preliminary plat with the exception of one lot. Lot 10, Block 2 is functionally a coiner lot
and will have 30 -foot setbacks on three sides. The street curves around the lot and transitions
into a cul -de -sac turn- around instead of being an intersection of two streets. Atwood Court could
be lengthened as one solution.
Planning Commission Meeting Minutes
July 22, 2003
Page 8
Matt Anfang, Centex Homes, stated they could fit a house with a two -car garage on Lot 10,
Block 2 and meet all the setback requirements but would not meet the lot area standards. He
stated they could also limit this lot to only having a two -car garage or if granted a setback
variance they could put in a three -car garage.
The Commission further discussed Lot 10, Block 2 and agreed to change the last condition to
read "Lot 10, Block 2 shall conform to 30 -foot setbacks along the street edge and rear yard.
MOTION by Weisensel to recommend that the City Council approve the final plat for
Bloomfield 6 Addition subject to:
1. Execution of a subdivision development agreement.
2. Incorporation of recommendations from the City Engineer relative to drainage,
easements, grading, streets and utilities.
3. Dedication of a Conservation easement for stormwater infiltration ponds on lots 9, 10,
14 -19, Block 1 as recommended by the City Engineer.
4. Payment of all applicable development and platting fees including Park Dedication and
GIS as specified in the current fee resolution.
5. Atrium Court shall be renamed to Atwood Court.
6. Lot 10, Block 2 shall conform to 30 -foot setbacks along the street edge and rear yard.
Second by Messner. Ayes: Messner, Zum, Anderson, Napper, Weisensel. Nays: 0. Motion
carried.
w Business: Raak Exterior Materials Exemption
Gar d Wendy Raak are requesting an exemption from the exterior bui ng materials
regulatio under the new standards recently adopted. Existing acce ry structures may be
exempted fr o the comparable exterior materials and Existing
ggregate total area standards if
they were in exis ce at the time the new ordinance was a ted. The exemption was created to
allow residents to im ve their barns while maintaini a structures original character. Staff
is requesting the Commis n to give direction on comparability of the materials the Raak's
are proposing to put on their b
Gary and Wendy Raak, stated that th ant to make improvements to their barn and the colors
they want to use will be compara tot ei ouse.
MOTION by Weisensel t approve the exterior bu' ing materials exemption request for Gary
and Wendy Raak at 13 9 South Robert Trail based o e findings that the proposed exterior
building materials a comparable to the existing exterior lding materials and maintain the
barn's original aracter. Second by Anderson. Ayes: Zuni, derson, Napper, Weisensel,.
Nays: Mess r. Motion carried.
Staff i ormed'the Raak's that although their exemption has been approv by the Commission,
the ould still need to get a building permit before the improvements to the am could be
C! f AA