HomeMy WebLinkAbout6.j. Bard's Crossing Final Plat and Subdivision AgreementCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: March 20, 2003
AGENDA ITEM: Bards Crossing Final Plat — Wensmann Homes
AGENDA SECTION:
Consent
PREPARED BY: Rick Pearson, City Planner
AGENDAf 6'; J
ATTACHMENTS: Draft Resolution, Subdivision Development
APPROVED BY:
Agreement, Final Plat Reductions, Engineering
review, Resolution 2002 -102 Building
elevations, PC Minutes 2 -25 -03
Applicant & Property Owner(s): Wensmann Homes
Location: Connemara Trail & Schwarz Pond Park
Number of Lots: 2 lots; 4 outlots; right -of -way for park entrance
Current Zoning: R -4, High Density Residential
Planning Commission Action: Recommendation of Approval 5 -0
SUMMARY
Bards Crossing is the Senior Condominium part of Evermoor being developed by Wensmann Homes. There
will be one lot each for the buildings, and outlots for common open space and park land.
The plat is consistent with the approved preliminary plat. There is a requirement for a forty foot -wide
conservation easement along the southerly edge of the site "that would be south of the southeasterly building.
The plat shows a forty-foot wide drainage & utility easement in this location. The additional restrictions of the
conservation easement would not necessarily show up on the plat. They would be recorded at Dakota County.
The attached Engineering review memo discussed several recommendations relative to the parcels defined on
the plat,_ Outlot A is being set aside as a separate parcel for storm water pond purposes. The recommendation
will be to drop the separate status in lieu of an easement. There is no City pond need other than the storm water
generated by this private development. In other words, the pond need is private, and therefore, so will be the
pond.
No public hearing is required for the final plat. Inconsistencies with the approved preliminary plat or Planned
Unit Development would require an amendment process that would involve public hearings if the change was
significant enough.
PLANING COMMISSION REVIEW
The Commissioners had no concerns and adopted the recommended motion.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the final plat for Bards Crossing.
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2003-
A RESOLUTION APPROVING THE
FINAL PLAT FOR
EVERMOOR BARDS CROSSING
WHEREAS, the Community Development Department of the City of Rosemount received an
application for final plat approval submitted by Wensmann Homes for Evermoor Bards
Crossing, as required by ordinance, pertaining to land legally described as:
Outlot C, CONNEMARA OUTLOTS, according to the recorded plat thereof, Dakota
County, Minnesota.
WHEREAS, the Planning Commission of the City of Rosemount reviewed the final plat
application for Evermoor Bards Crossing at their regular meeting on February 25, 2003; and
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 Evermoor Bards Crossing, subject to:
,._l., .- Execution of a subdivision development- agreement to secure public -infrastructure and -
private improvements.
2. Incorporation of recommendations by the City Engineer as detailed in the memo dated
February 18, 2003 relative to drainage, easements, grading, and utilities.
3. Conformance with all of the conditions of Resolution 2002 -102, Evermoor Bards
Crossing Final Planned Unit Development.
4. Payment of all development and platting fees including Park Dedication as specified in
the current fee schedule.
ADOPTED this 20"' day of March, 2003, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by:
Voted in favor:
Seconded by:
Voted against:_
Member absent:
SUBDIVISION AGREEMENT
Evermoor Bards Crossing Addition
AGREEMENT dated day of , 2003, by and between the CITY of ROSEMOUNT, a
Minnesota municipal corporation, ( "City "), and WENSMANN HOMES, INC._, a Minnesota Corporation,
(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 Evermoor Bards Crossing 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, conservation
areas, streets and utilities.
e. Park dedication of 1.99 acres ( Outlot C and Outlot D) of land
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
Evermoor Bards Crossing Addition
02/14/03
Plan B -- Soil Erosion Control Plan and Schedule
Plan C -- Drainage and Storm Water Runoff Plan
Plan D -- Plans and Specifications for Utility 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
G. Site & Utility Improvements
(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 December 31 , 2003. 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. Article 8 deleted in its entirety.
9. Article 9 deleted in its entirety.
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 $101,860, which is 110% of the estimated
cost of the Developer Improvements. The amount of the security was calculated as follows:
2
Evermoor Bards Crossing Addition
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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 SuWiviision Agreement. - If the Developer does not remove said default(s within two
(2) vJeekS of recei`v'ing notiie; the City iiiay' I a'v'v oi. the letter of vredit. `i Ci�y' urYprovai t he 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
3 Evermoor Bards Crossing Addition
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Cost
110%
Grading & Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$10,000
$11,000
Survey Monumentation
-0-
-0-
Landscaping
$57,600
$63,360
Retaining Walls
-0-
-0-
Street Lighting
-0-
-0-
Buffer Monumentation
-0-
-0-
Park Equipment/Improvements
-0-
-0-
Wetland Restoration/Mitigation
-0-
-0-
Wetland Monitoring
-0-
-0-
Total
$92,600
$101,860
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 SuWiviision Agreement. - If the Developer does not remove said default(s within two
(2) vJeekS of recei`v'ing notiie; the City iiiay' I a'v'v oi. the letter of vredit. `i Ci�y' urYprovai t he 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
3 Evermoor Bards Crossing Addition
02/14/03
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 (3 0) 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.
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.
4 Evermoor Bards Crossing Addition
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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
$13,500 shall be deposited with the City at the time this Agreement is signed, and represent
the following estimates:
$10,000
Engineering Fees
$ 1,000
Attorney Fees
$ 2, -
City Fees-
$ -0-
Street Light Energy Cost
$ -0-
Seal Coating
$13,500
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.
5 Evermoor Bards Crossing Addition
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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 $18,000.
B. Geographic Information System (GIS) fees in the amount of $6,050.
C. Storm Sewer Trunk Area Charges in the amount of $35,306.49.
D. Sanitary Sewer Trunk Area Charges in the amount of $7,462.85.
E. Watermain Trunk Area Charges in the amount of $28,942.23.
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.
6 Evermoor Bards Crossing Addition
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An early housing construction start may be allowed at the engineering and building department's
discretion with the understanding that:
1. Building officials must have reasonable access to all structures
2. No occupancy will be granted until all above noted items are addressed
3. The City assumes no liability for any lack of emergency vehicle access to the site.
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
e11V11o11111e11La1 legUlatlons. if the City deLCrinlnes 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
7 Evermoor Bards Crossing Addition
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of public improvements and damage to public improvements caused by the City, Developer,
its contractors, subcontractors, materialmen, employees, agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
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 o.-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.
I. 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:
Wensmann Hornes, Inc.
l one l
107J Flaw Drive
Suite 200
Eagan, MN 55122
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.
8 Evermoor Bards Crossing Addition
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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
WENSMANN HOMES, INC.
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, MN 55068
9 Evermoor Bards Crossing Addition
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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.
Retaining 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 Eguipmenl — An amount equal to 1 1 10% of LL1C cost of 111lplovements 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).
10 Evermoor Bards Crossing Addition
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ATTACHMENT ONE
(Legal Description)
11 Evermoor Bards Crossing Addition
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NOTE:
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BARDS CROSSING
KNOW ALL PERSONS BY THESE PRESENTS: Thal Wensmonn Home,, Inc. , a Mlnneaolo corporallon, lee ownm, of
the fdlowing of Jo property ait,,t,d n lhs County of Dakota. Slot, of Minn eaolo to wit:
Outlol C. CONNEMARA OUTLOTS, according to the r .... ded plot thereat, Dakota County. Minn ecota.
Hos soused the sa to be aurv,yed ontl plotted o, BARDS CROSSING. C does hereby donole ontl dedlcole
to the public for public use forever Me thoroughfare ontl also dedic.tes old eosemenla oe shown on th< plot
for tlrolnoga ontl ulllty purpaeea only.
In softness whereof sold Wenemonn Homes. Inc., a Minn,sa to corpmollon o , hoe c used these presvnla to be
to be .19-d by Ile proper officer this _ doy of 20�
Signed: Wen,mann Homes, Inc.
by Its
STATE OF MINNESOTA
COUNTY OF
The foregoing inclr,.Anl was acknowledged before ms this _ day of
20— by of Wenamann Homes,
Inc„ a Mlnneeolo corpmollon, on behalf of lh, corporollon.
Nolory Public County, Min nesnh..
My CommleeW. Eapbec
I hereby certify Ihot I hose sur.yed unit platlsd the property d,,crlbed on this plot os BARDS CROSSING that
lhl, plat Is o act representation of lne s rroy, that all dlatonc,s o ectly shown on the plat n feet
and huntlretllha of tool; that all m ants nave b— c « clly placed c in rr the ground os shown well be
solly placed In the ground os designated that the ou kids boundary Ilnes o <clly d<slgnoted en th,
plat; and that (here o wet lontls a tleflnad In Minnesota Slolutes, Ssollon SOS. D2 Subd I, ar publlc
highways to be dsslgnoled p other lhon oc shown.
John C. Lorwon, Land Surve
Min .... td License Number 19828
STATE OF MINNESOTA
COUNTY OF
The foregoing Sufwyor's Csrtiflcale w acknowledged befor, me this _ soy of
20 _, by John C. Larson, Land Surveyor, Mlnnecota License No 79825.
ROSEMOUNT PLANNING COMMISSION
Approved by lhs PI—Ing Commlaslon of the City of R— son... t, Mlnnesoto, of a regular me,ling 11, f, on
the _ doy of 20 _
Secretory
ROSEMOUNT CITY COUNCIL
Ws do hereby c,rtlf) that on the _ doy of 20 in. Clly
Council of Rosemount. Minneeol., o,p,.-d in). plat.
Cholrper,on
Clark Mayor
DAKOTA COUNTY SURVEYOR
Pursuant to Sectim 383D.65, Minnesota Slolutes, this pill hos been approved this _ doy of
20_
By
Fred M. John,m, Dokol. County Surveyor
DAKOTA COUNTY TREASURER AUDITOR
I hereby carllly That the loxes for the year 2' _ for the fond de,ttlb,d on this plot ec BARDS CROSSING
hove been gold, that lhme o o delinquent lases due and transfer entered this _ day of
20
County Treasurer. Auditor, Dokolu County, Mlnnoeolo
DAKOTA COUNTY REGISTRAR OF TITLES
I hereby carllly that this Instrument w a flied In the olllce of the Registrar of Tllles for record on this
of
oy of of _ .'clack — M., and was duly recorded in
Book on Poge
By.
ReglaUar of Tllles, Dokolu County, .nn eeo to
Dowmenl Number_ Cmlilicol, Number
Nolory Public County, Mlnnecota
My Commission Expires _
y ♦,
4
# 10f LEER
CITY OF RO S E M O U N T 2875 C145th Street West
Rosemount, MN
55068 -4997
Phone: 651- 423 -4411
Hearing Impaired 651 - 423 -6219
Fax: 651 - 423.5203
February 18, 2003
Wayne Lamoreaux
Pioneer Engineering
2422 Enterprise Drive
Mendota Heights, NIN 55120
RE: Plat Review
Bards Crossing
City Project #360
Dear Mr. Lamoreaux:
The City of Rosemount has reviewed the proposed final plat for the above - mentioned project and
would offer the following comments:
1. Outlot A should be eliminated and incorporated into Lot 1. As this storm water pond is
for the site only and will be a private system, no drainage and utility easement is required.
2. All utilities within the site will be private. Therefore, no drainage and utility easements
beyond standard plat drainage and utility easements are required.
3. A legal description for the required 40 -foot wide conservation easement shall be
provided.
4, Please submit a final proposed sit- plan for reVieyv and verif,ratinn of nrnnncari
easements.
5. In the third paragraph of the dedication (page 1 of 2) name the thoroughfare Dodd
Boulevard, and also name the dedicated right -of -way for Dodd Boulevard realignment on
the plat (page 2 of 2).
Should you have any questions, please contact me at 651- 322 -2724.
Sincerely,
s
Anthony A. Aderhold
Project Engineer
Cc: Andrew J. Brotzler, City Engineer
Rick Pearson, City Planner
Dan Schultz, Park & Recreation Director
Kelly Murray, Wensmann Homes
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2002 -10 2
A RESOLUTION APPROVING FINAL
DEVELOPMENT PLAN FOR THE PLANNED
UNIT DEVELOPMENT FOR EVERMOOR BARDS CROSSING
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Wensmann Homes, Inc. for approval of a Final Development Plan for the
Planned Unit Development for Evermoor Bards Crossing; legally described as:
All that part of Outlot D, OUTLOTS OF EVERMOOR, according to the recorded plat
thereof,' County, Minnesota, lying easterly of the following described line:
Commencing at the intersection of the south line of said Outlot D and the westerly right
of way line of Dodd Boulevard as delineated and dedicated on said OUTLOTS OF
EVERMOOR; thence on an assumed bearing of South 89 degrees 50 minutes 25
seconds west, along said south line, a distance of 1123.41 feet to the point of beginning
of the line to be described; thence North 00 degrees 09 minutes 35 seconds West, a
distance of 452.09 feet; thence North 15 degrees 27 minutes 48 seconds East, a distance
of 221.80 feet to the southerly right of way line of Connemara Trail as delineated and
dedicated on said OUTLOTS OF EVERMOOR.
WHEREAS, on July 23, 2002, the Planning Commission of the City of Rosemount reviewed the
final development plan for the Planned Unit Development for Evermoor Bards Crossing and
recommended approval, subject to conditions; and
WHEREAS, on August 20, 2002, the City Council of the City of Rosemount reviewed the
application for a final development plat for the Planned Unit Development for Evermoor Bards
Crossing.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
, approves a final development plan for the Planned Unit Development for Evermoor Bards
Crossing subject to:
1. The route of the trail on Outlot A should be altered so that it joins the sidewalk along the
south side of Connemara west of Dodd Boulevard, and so that it goes south to join an
existing trail in Schwarz Pond Park to minimize the cutting of trees.
2. The protection of the tree line along the south boundary of the property should be
increased by widening the conservation easement a minimum of 40 -feet to match the tree
preservation area and by fencing that area prior to the commencement of construction.
3. Enhanced landscaping in the front of the buildings along Connemara Trail in
conformance with the original concept for Bards Crossing presented by Evermoor master
developer CPDC.
RESOLUTION 2002 -102
4. Conformance with all applicable building, fire and zoning codes.
5. Dedication of Outlot A for park land and an additional 20 units of Park Dedication in the
form of cash
6. Recording of homeowners association documents as approved by the City Attorney.
ADOPTED this 20` day of August, 2002, by the City Council of the City of Rosemount.
Cathy Busho, ayor
ATTEST:
/ 7
Linda J. J entink, ity 4 rk
Motion by: Busho Seconded by: Cisewski
Voted in favor: Busho, Riley, Edwards, Cisewski
Voted against: Klassen
Member absent: N
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Planning Commission Meeting Minutes
February 25, 2003
Page 4
were he back side of the neighborhoo d that is was hard to see if they were 8 or 10 unit
buildings.
Chairperson Weisensel ed the public hearing. There was no comment.
MOTION by sner to continue 't ublic hearing until March 11, 2003. Second by Schiltz.
Ayes: And on, Napper, Weisensel, Mel r, Schiltz. Nays: 0. Motion carried.
Ol usiness: None.
New Business: Bards Crossing Final Plat
This is the final step in the process to divide up the land for the senior condos. There are two
largs parcels, one for each building, and a series of outlots. There is a requirement for a 40 -foot
wide conservation easement along the southerly edge of the site. The plan shows Out! ot A being
set aside for a separate pond for storm water purposes. The City Engineer has recommended this
separate status be dropped in lieu of an easement. There is no City pond need other than the
storm water generated by this private development. This is consistent with the approved
preliminary plat.
MOTION by Anderson to recommend that the City Council approve the final plat for Bards
Crossing subject to:
1. Execution of a subdivision development agreement to secure public infrastructure and
private improvements.
2. Incorporation of recommendations by the City Engineer as detailed in the attached memo
dated 2 -18 -03 relative to drainage, easements, grading and utilities.
3.- ..Con_forxnance_ with -all -of the. conditions -of-Resolution 2092 -102 Evermoor Bards - - -- -.
Crossing Final Planned Unit Developmeht:
4. Payment of all development and platting fees including Park Dedication as specified in
the current fee schedule.
Second by Napper. Ayes: Napper, Weisensel, Messner, Schiltz, Anderson. Nays: 0. Motion
carried.
Dir or's Report: City Planner Pearson the Planning Commission on items pending
City Coun ' action. The next meet' s March 6, 2003. The agenda will include the SKB
Interim Use Pe nd Zo b ext Amendment, the Appeal by the Raak's who own the farm
along Highway 3, lendalough Minor PUD Amendment to add a pool.
There Jwiffig no further business to co before this Commission, upon Motion by Weisensel,
upon unanimous decision, the meetin as adjourned at 7:27 p.m.
Respectfully Submitted,
Chantel Nelson
Recording Secretary
CITY OF ROSEMOU NT
AFFIDAVIT OF POSTED and PUBLISHED
NOTICE of a PUBLIC HEARING for
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651 - 423.4411
Hearing Impaired 651- 423 -6219
Fax: 651- 423 -5203
PORT AUTHORITY ESTABLISHING RESOLUTION AMENDMENT
STATE OF MINNESOTA)
COUNTY OF DAKOTA ) §
CITY OF ROSEMOUNT )
I, Linda J. Jentink, being first duly sworn, deposes and says:
I am a United States citizen and the duly qualified City Clerk of the City of Rosemount,
Minnesota.
On March 6th, 2003, I posted at Rosemount City Hall, 2875 145th Street West, a copy of the
attached Notice of Public Hearing for the Port Authority Establishing Resolution Amendment.
Dated this 18th day of March, 2003.
Linda J. Jentink,
��►
City of Rosemount
Dakota County, Minnesota
CITY OF ROSEMOUNT
NOTICE OF PUBLIC HEARING for
Port Authority Establishing Resolution Amendment
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of the City of Rosemount in
Dakota County, Minnesota will hold a Public Hearing amending the establishing
resolution for the Port Authority on March 20, 2003 at City Hall, located at 2875
145th Street West, Rosemount, Minnesota, at 7:30 p.m.
The purpose of the public hearing is to change the Governing Body
description of the Port Authority Commission.
Dated this 6th day of March, 2003.
Linda Jentink, 'ty Clerk
City of Rosemount
Dakota County, Minnesota
Auxiliary aids and services are available - Please contact the City Clerk at (651)322 -2003, or
TDD N. (612)423 -6219, to make a request. Examples of auxiliary aids or services may include:
sign language interpreter, assistive listening kit, accessible meeting location, etc.
The Rosemount Town Pages
AFFIDAVIT OF PUBLICATION
Chad Richardson, being duly sworn, on oath says that he is an authorized
agent and employee of the publisher of the newspaper, known as The
Rosemount Town Pages, and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting
qualification as a legal newspaper, as provided by Minnesota Statutes
331A.02, 331A.Q -,And other appkablkaws, as amended. ,� t
which is attached, was cut from the columns of said n spaper, and was
printed and published once each week for successive
w ; it was first published on Friday, the day of
2003 and was thereafter printe¢ ublished on every
FridQnd incl�{d�ing Friday, the__..__.— _.___1-__ a �_ __ day of
— t rr � , 2003; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition
and publication of the notice:
abode fghij klmnopyrstu v w xyz _
By:
Subs i d and swo n to before me on this day
of 2003
I on�6�
Notary RuFMic
AFFIDAVIT DAWN M SMITH
NOTARY PUBLIC • MINNESOTA
kv - My commission Expires Jan. W, 2005
CITY OF ROSEMO.UN. T
NOTICE OF PUBLIC . .
HEARING
For - _ .:._-
Port Authority Establishing Resolution Arpendment
TO WHOM IT MAY CONCERN: -
Notice is hereby given that the City Council of the City of
Rosemount in Dakota County, Minnesota will -hold a
Public Hearing amending the establishing resolution for
the Port Authority on March 20, 200a at City Hall, located.
. at 2875 "1;45th Street West, Rosemount Minnesota, at 7 30,: %
P.m.
The purpose of the public'hearing is to change the
Governing Body description of the Port Authority
Commission. -- --
Dated this 6th day of March, 2003., - -
/s/Linda Jentmk, City Clerk
City of Rosemount _
Dakota County Minnesota
Auxiliarylaids and services a're available Please contact I
Linda Jentink.at (651)322 -2003; or TDD N.-(612)423 --
6219, to make a request. Examples of atixilrary aids or
services may include! sign language interpreter, assistive..
.listening kit, accessible meeting location, etc.
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: MARCH 20, 2003
AGENDA: PORT AUTHORITY ESTABLISHING
RESOLUTION AMENDMENT
AGENDA SECTION:
PUBLIC HEARING
PREPARED BY: LINDA JENTINK, CITY CLERK
AGErrt: 7f
ATTACHMENTS: RESOLUTION, LETTER
APPROVED BY:
L"_�
The Port Authority is required by State Statutes to maintain six -year terms for the appointed resident terms (the
members other than the elected Council commissioners). An amendment in the form of a resolution is required
and attached. The required public notice was placed in the Rosemount Town Pages on March 7 and March 14,
2003.. The letter submitted by City Attorney LeFevere of February 4, 2003, is attached for your reference.
RECOMMENDED ACTION:
MOTION to accept the recommended changes to the Port Authority enabling resolution by- ADOPTING A
RESOLUTION RELATING TO THE ROSMEOUNT PORT AUTHORITY; AMENDING RESOLUTION
NO. 1991 -53.
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2003-
A RESOLUTION RELATING TO THE ROSEMOUNT PORT AUTHORITY;
AMENDING RESOLUTION NO. 1991 - 53
WHEREAS, City Council Resolution No. 1991 -53 established the Rosemount Port Authority
pursuant to the authority of Minnesota Laws 1991, Chapter 291, Article 21, Section 17; which
resolution was amended by Resolution No. 2001 -34; and
WHEREAS, the Council has determined that it is appropriate and in the interest of the public to
amend the resolution establishing the port authority as hereinafter provided:
WHEREAS, the Public Hearing held this day has been properly noticed and published in the
official city newspaper, The Rosemount Town Pages, on March 7 and 14, 2003.
NOW, THEREFORE, BE IT RESOLVED, that the City of Rosemount, Resolution No. 1991-
53, Section 5, as amended by Resolution No. 2001 -34, is amended to read as follows:
Section 5. Governing Body
The powers of the Authority shall be vested in the commissioner thereof in office at any
time, a majority of whom shall constitute a quorum for all purposes. Pursuant to Minnesota
Statues, Section 469.050, Subds. 1 and 3, such commissioners shall be seven (7) in number, shall
be residents of the City of Rosemount and shall be appointed and serve as follows:
(1) All mayors and members of the city council shall automatically be appointed
commissioners for a term that coincides with their term of office as mayor or council
member. If a mayor or council member declines to serve as a commissioner, or resigns
from his or her position as commissioner, a vacancy is created which shall be filled by
appointment by the mayor with the approval and consent of the council. The appointment
so made shall be for a term in office of the individual council member whose resignation
or decision not to serve as a commissioner created the vacancy.
(2) Commissioners who are not members of the council shall be appointed for terms of six (6)
years. If a vacancy occurs in seat so appointed, including a vacancy created when a
commissioner becomes a member of the city council, a replacement shall be appointed by
the mayor subject to approval and consent of the council.
ADOPTED this 20th day of March, 2003.
RESOLUTION 2003 -
ATTEST:
Linda J. Jentink, City Clerk
William H. Droste, Mayor
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of a resolution presented to and
adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the
17th day of April, 2001, as disclosed by the records of said City in my possession.
(SEAL)
Motion by:
Voted in favor:
Voted against:
Member absent:
Linda J. Jentink, Rosemount City Clerk
Second by:
2
February 4, 2003
Gary Kalstabakken
Acting City Administrator
City of Rosemount
2875 145` St. W.
Rosemount, MN 55068
Re: Port Authority Commissioner Terms of Office
Dear Gary:
CHARLES L. LEFEVERE
Attorney at Law
Direct Dial (612) 337 -9215
email: clefevere a kennedy- graven.com
On June 20, 2000, Port Authority Commissioner Cami Zimmer was appointed to the unexpired
tern of Commissioner Kevin Carol, who had resigned his position. Apparently this unexpired
tern would have expired in 2005. On April 17,. 2001, the City Council amended the enabling
resolution of the Port Authority to reduce the term of office of non - council members from six
years to three years.
In reviewing the effect of the April 17, 2001, amendment on the term of office of Commissioner
Zimmer, I concluded that the City Council did not have the legal authority to change the term of
non - council members to less than six years.
The enabling statute that authorizes the City of Rosemount to establish a port authority provides
that the City Council may exercise all powers relating to a port authority under Minnesota Statute
§469.048 to §469.068. These are the sections of the Statute that deals with port authorities
generally. Under Minnesota Statute §469.050, subd. 4, port authority commissioners' terms are
set at six years.
There 1s authority for the City Council to change the term of office for commissioners who are
City Council members. Minnesota Statutes authorizing Rosemount to create a port authority
authorize it to exercise the powers of the City relating to housing and redevelopment authorities
as well. Under the laws relating to housing and redevelopment authorities, City Council may set
the tenn of office of the City Council Member so that the term as a commissioner coincides with
the term of office as a Council Member. Therefore, acting under this authority, the City Council
may, and did, change the term of office for Council Members to coincide with the Council term
of office. However, there is no authority to change the term of office for non - council members.
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
(612) 337 -9310 fax
http: / /v,ww.kennedy- graven.com
CLL- 227059v I
RS230 -1
r ennedy
Graven
.
February 4, 2003
Gary Kalstabakken
Acting City Administrator
City of Rosemount
2875 145` St. W.
Rosemount, MN 55068
Re: Port Authority Commissioner Terms of Office
Dear Gary:
CHARLES L. LEFEVERE
Attorney at Law
Direct Dial (612) 337 -9215
email: clefevere a kennedy- graven.com
On June 20, 2000, Port Authority Commissioner Cami Zimmer was appointed to the unexpired
tern of Commissioner Kevin Carol, who had resigned his position. Apparently this unexpired
tern would have expired in 2005. On April 17,. 2001, the City Council amended the enabling
resolution of the Port Authority to reduce the term of office of non - council members from six
years to three years.
In reviewing the effect of the April 17, 2001, amendment on the term of office of Commissioner
Zimmer, I concluded that the City Council did not have the legal authority to change the term of
non - council members to less than six years.
The enabling statute that authorizes the City of Rosemount to establish a port authority provides
that the City Council may exercise all powers relating to a port authority under Minnesota Statute
§469.048 to §469.068. These are the sections of the Statute that deals with port authorities
generally. Under Minnesota Statute §469.050, subd. 4, port authority commissioners' terms are
set at six years.
There 1s authority for the City Council to change the term of office for commissioners who are
City Council members. Minnesota Statutes authorizing Rosemount to create a port authority
authorize it to exercise the powers of the City relating to housing and redevelopment authorities
as well. Under the laws relating to housing and redevelopment authorities, City Council may set
the tenn of office of the City Council Member so that the term as a commissioner coincides with
the term of office as a Council Member. Therefore, acting under this authority, the City Council
may, and did, change the term of office for Council Members to coincide with the Council term
of office. However, there is no authority to change the term of office for non - council members.
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
(612) 337 -9310 fax
http: / /v,ww.kennedy- graven.com
CLL- 227059v I
RS230 -1
Gary Kalstabakken
February 4, 2003
Page 2 of 2
Therefore, I would recommend that the enabling resolution be amended again to set the terms of
office at six years as required by State law. The procedure for changing the enabling resolution
is set forth in Minnesota Statutes §469.0813, subd. 3, which states:
Subd. 3. Procedural requirement. (a) The creation of a port authority by the city of
Rosemount must be by written resolution known as the enabling resolution. Prior to
adoption of the enabling resolution, the city council shall conduct a public hearing.
Notice of the time and place of hearing, a statement of the purpose of the hearing, and
a summary of the resolution must be published in a newspaper of general circulation
within the city once a week for two consecutive weeks. The first publication_ must_
appear not more than 30 days from the date of the public hearing.
(b) All modifications to the enabling resolution must be by written resolution and
must be adopted after notice is given and a public hearing conducted as required for the
original adoption of the enabling resolution
The Notice of Public Hearing may simply state, along with the time and place of the hearing, that
the hearing is being conducted for the purpose of consideration of amendment of the enabling
resolution for the Rosemount Port Authority to provide that terms of office of commissioners
who are not members of the City Council will be six years.
After the hearing, the Council could adopt the attached resolution.
Please let me know if you have any questions.
Very truly yours,
Charles L. LeFevere
CLL:sez
Attachment
`
CLL- 227059v 1
85230 -1