HomeMy WebLinkAbout7.a. Cope Planned Unit Development { r City of Rosemount
Executive Summary for Action
City Council Meeting Date: November 21, 1995
Agenda Item: Cope PUD and Plat Agenda Section:
Old Business
Prepared By: Andrew Mack Agenda No:
Senior Planner ��� � . �
A
Attachments: Staff Report Memo Dated 11/17/95; PUD Approved By:
& Final Plat Resolutions; Subdivision and
PUD Agreement; Miscellaneous
Correspondence
.
- See Attached Staff Report Memo -
Recommended Action: MOTION to adopt a resolution approving the Final Planned Unit
Development and Final Plat for the Cope Addition
City Council Action:
,
Cit of Rasemount
y
2875 - 145th Street West
Mailing Address: P.O. Box 510, Rosemount, MN 55068-0510
. ► ,
I N T E R O F F I C E M E M O R A N D `U M
To: Mayor McMenomy and Members of City Council
�om: Andrew Mack, Senior Planner
Date: November 17, 1995
Subject: Cope PUD and Plat
BACKGROUND �
At it's meeting held on December 20, 1994, members of Council considered and tabled action
on a request by Mr. Arlyn Cope of Repairs Inc. for a PUD and Plat for property located at
14760 South Robert Trail. Council ta.bled action on the PUD and Plat in order to resolve
outstanding issues surrounding the plat design and development contract performance
requirements.
A number of expectations from Mr. Cope relative to site and boulevard improvements centered
around the possible financial participation of the Rosemount Port Authority. Upon further
review of their budget by the Port Authority, it was determined that funds were not available to
share in the cost of this project and the request for assistance was withdrawn. Without the
participation of the Port Authority, the applicant has stated that he is not in a position
financially to make all the required site improvements to satisfy the conditions of the PUD.
Based upon these factors, Staff held numerous meetings with Mr. Cope in an effort to find
alternative solutions which meet the needs of both the applicant and City. Staf€believes that a
practical solution has been developed and, after several months of their review, Mr. Cope and
AVR Inc. have now in agreed in principal with this approach and contract which has enabled
this item to be retumed to the City Council for final action. The details of the approach are
explained in the following discussion.
- FAOLL T$E D&4K OF... � . . �
Andrew M ack
Senior Planner
CiTY OF ROSEKOUNT . � . �
� 2875 145TH STREEf WEST .. . � . �
Rosea�ouarr,MN 55068
(612)322-2050
Fax(612)4235203
Council Staff Report A
Cope PUD and Plat
Page 2
DISCUSSION AND ANALYSIS
Site Improvements
Although the proposal now before Council represents a slightly different degree of site
unprovements from that previously reviewed by Council, the project is essendally consistent
with earlier proposals. The primary change in the proposal is the method in which
improvements will be made to the property. The PUD project involves a cooperative approach
to privatelpublic improvements. The entire project includes both on and off-site improvements
to be completed and is a proactive approach toward accomplishing overall objectives of the
Commercial Center area revitalization. The ultunate responsibility for all costs of
improvements, however, will remain with the property owner through assessments. I3ere is
how the proposal works.
As part of the PUD approval, Mr. Cope and AVR, Inc. Pension Plan and Trust (Developer)
would be required to enter into a PUD and Subdivision Agreement stipulating responsibilities
for improvements. As part of the agreement the Developer would execute "Petition and
Waiver" agreements allowing for the Ciry to make i:mprovements to the property and to assess
100% of the cost of unprovements against the property. These improvements, which include
curbing, paving, landscaping, directional signage, striping, etc., would be made in two phases.
Phase I would be in conjunction with an improvement project that is envisioned along South
Robert Trail from Quick Trip up to Lower 147th. The Cope property is considered to be
directly linked to this project improvement for the downtown area. The City therefore benefits
by retaining control over the final design and improvement of this property as part of a larger
project. The developer agrees to pay for it's share of the improvements through assessments
and waives the right to appeal the costs of the assessments which are estimated at appro�mately
$22,308 for phase I site unprovements. The on-site one-way circulation system would be
established once this project is completed. These improvements would be made once the
Commercial Center Redevelopment Plan is completed and approved by Council & MnDOt, who
has given their preliminary ok to the PUD plan.
Phase II improvements for the rear of the property would be made in conjunction with drainage
: improvements planned for the Lower 147th Street Drainage Project. Although this capital
improvement project is scheduled by the Public Works Department to be let in 1996; the portion
of the drainage project extending into the Fluegel & Cope properties will be performed at a
later date, in cooperation with these land owners. The City and developer would agree that the
costs of funding the developer's share of site paving/drainage improvements (estimated at
$27,290) would not be assessed agai.nst the property sooner that 5 years from the date of the
agreement. Although improvements to the rear of the property would not be immediate, the
City would receive assurances that a plan is in place for completing these site improvements in
direct response to concerns raised by the Council.
� Council Staff Report
Cope PUD and Plat
Page 3
Mr. Cope will assume the responsibility for completing a uniform wall sign change over for
the building and installing an 8 feet high screening fence at the rear of the building for
dumpsters and outdoor storage of equipment, etc. Mr. Cope will also provide as part of the
PUD approval, cross easements for access, circulation and parking with adjoining property
owners to the north.
As a condidon to approval of the PUD, the developer will be responsible for executing the
development & petition and waiver agreements (which include several listed performance
conditions agreed to by the petitioner); procuring a drainage and utility easement from the
adjacent property owner to the north; and the recording of all documents along with the final
plat. Staff is recommending that the execution and recording of these documents precede the
the release of escrow funds on deposit with the City.
Approval of the PUD and Final Plat resolutions by Council is recommended.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1995-
A RESOLUTION APPROVING THE
FINAL PLANNED UNIT DEVELOPMENT AND
FINAL PLAT FOR THE COPE ADDITION
WHEREAS,on November 21, 1995 the City Council of the City of Rosemount held a pubiic hearing and
approved the final planned unit development and final plat for the Cope Addition on property legally
described as follows:
PARCEL 1
That portion of Lot Sixty-two (62),Auditor's Subdivision No. 1, Rosemount,in the Southeast Quarter
(SE'/a of Section Twenty-nine(29),Township One Hundred Fifteen(115), Range Nineteen (19), described
as follows to wit» Beginning at an iron 33 feet east of a point on the quarter line between the Southwest
Quarter (SW'/4) and Southeast Quarter (SE'/a) 1340.20 feet south of the stone placed for the center of
Section 29,Township 115,Range 19,thence East 122.14 feet to the C.M.St. P. &P. RR west property line,
thence Southwest along said west property line 151.91 feet, thence West 98.19 feet, thence North 150.00
feet to the point of begttuung, containing .38 acres, more or less, according to the piat thereof now on file
and of record in the office of the Register of Deeds within and for Dakota County, Minnesota, together
wittt PARCEL 2, described as follows:
PARCEL 2 .
That part of the Southeast quarter (SE'/4) of Section 29, township 115, Range 19, Dakota County,
_ Minnesota described as commencing at the northwest corner of said Southeast Quarter (SE'/4); thence
south 1 degree 03 minutes 04 seconds West(assumed bearing) along the west line thereof 933.25 feet;
thence South 89 degrees 09 minutes 23 seconds East 369.85 feet to the westerly right-of-way line of the
CMC Heartland Partners Railroad property; thence South 38 degrees 03 minutes 16 seconds West along
said westerly right-of-way 205.13 feet; thence South 23 degrees 57 minutes 30 seconds West along said
westerly right-of-way 209.52 feet to the point of beginning of the land to be described; thence South 09
degrees 51 minutes 44 seconds West along said westerly right of•way 402.70 feet to a point on the westerly
property line of the Soo Line Railroad,said point being 50.00 feet westerly of, as measured at right angles
to the centerline of the main track of said Soo Line Railroad, thence Nozth 24 degrees 05 minutes 37
seconds East along said westerxy Soo Line Railroad property 1'vne, parallel with the centerline of said main
track 390.35 feet to its intersection with a line bearing South 65 degrees 54 minutes 23 seconds East from
the point of beginning; thence North 65 degrees 54 minutes 23 seconds West 99.00 feet to the point of
beguuwng;which lies north of the following described line: Commencing at a point on the west line of said
Southeast Quarter(SEi/4)distant 1490.20 feet south of the northwest rnrner thereof, said west line has an
assumed bearing of South O1 degrees 03 minutes 04 seconds West;thence South 88 degrees 56 minutes
56 seconds East 133.60 feet to the westerly property line of the former CMC Heartland Partners Railroad
property and the point of beginnutg of the line to be described; thence continuing South 88 degrees 56
minutes 56 seconds East 5312 feet to a point on the westerly property line of the Soo Line Railroad, said
point being 50.00 feet westerly of, as measured at right angles to the centerlizte of the main track of said
Soo Line Railroad and said line there terminating. Subject to all easements of record.
WHEREAS, Arlyn Cope, property owner, has rnade application for approval of the final planned unit
development and final plat far the Cope Addition; and
WHEREAS, the Planning Commission of the City of Rosemount reviewed the final planned unit
development and final plat on October 1 l, 1994 and has recommended approval of the Cope PUD and
final plat.
Cope Addicion Fiml PUD/Plat
Page 1
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NOW,THEREFORE,BE TT RESOLVED,the City Council of the City of Rosemount hereby approves
the Cope Addition Final Planned Unit Development subject to:
1) Execution of the approved Subdivision and PUD Agreement, including the addition oflanguage
for condition 2e to read as follows: "The PUD approval shall lapse at any time in the future when
Lot l,Block 1 and Outlot A, Cope Addition cease to be under common ownership & control; and
zoning shall automatically revert to the underlying C-2 zoning.°
2) The Subdivision and PUD Agreement, along with all required easement and plat documents are
executed and recorded with Dakota County prior to release of escrow funds on deposit with the
City of Rosemount.
BE IT FURTHER RESOLVED,the City Council of the City of Rosemount hereby approves the Cope
Addition Fina1 Plat subject to:
1) Revisions to the final plat which incorporate drainage and utility easements as shown in the
attached plat diagram.
2) Compliance with the Rosemount Subdivision Ordinance.
ADOPTED this 21 st day of November, 1995.
E.B.McMenomy, Mayor
ATTEST:
Susan M. Wa1sh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
.� � . . � . Cope Addition F�t PUD/PJat .
Page 2
DRAF�' " ,
F1LE C�PY _
�;-�-9�
Subdivision and Planned Unit Development Agreement
COPE ADDITION
T`ffis AGx�EMEtv'r dated the day of , 1995
by and between the CrrY oF Ros�ou�v'r, a Minnesota municipal corporation ("City") and A�m
COPE, President, Repairs, Inc. and AVR Inc. Pension Plan & Trust (collectively referred to as the
"Developer").
1. REQiJEST FOR PLAT APPROVAL. The Developer has asked the City to approve a replat of land
and a commercial planned unit development (hereinafter referred to as "PUD") to be known as
CopE AnDrrioN (hereinafter referred to as the "Plat"). The land is legally described as
follows:
PnxcEL 1
That portion of Lot Sixty-two (62),Auditor's Subdivision No. 1, Rosemount, in the Southeast Quarter
(SE'/4 of Section Twenty-nine (29), Township One Hundred Fifteen (115), Range Nineteen (19),
described as follows to wit� Beginning at an iron 33 feet east of a point on the quarter line between the
Southwest Quarter (SW'/a) and Southeast Quarter (SE'/4) 1340.20 feet south of the stone placed for the
center of Section 29,Township 115, Range 19, thence East 122.14 feet to the C.M.St. P. Sz P. RRwest
property line, thence Southwest along said west property line 151.91 feet, thence West 98.19 feet,
thence North 150.00 feet to the point of beginn;ng, containing .38 acres, more or less, according to the
plat thereof now on file and of record in the office of the Register of Deeds within and for Dakota
County, Minnesota, together with PnEtcEL 2, described as foliows:
PARCEL 2
That part of the Southeast quarter(SE'/4) of Secdon 29,township ll5,Range 19, Dakota County,
Minnesota described as commencing at the northwest corner of said Southeast Quarter(SEl/4); thence
south 1 degree 03 minutes 04 seconds West(assumed bearing) along the west line thereof 933.25 feet;
thence South 89 degrees 09 minutes 23 seconds East 369.85 feet to the westeriy right-of-way line of the
CMC Heartland Partners Railroad property; thence South 38 degrees 03 minutes 16 seconds West
along sazd westerly right-of-way 205.13 feet;thence South 23 degrees 57 minutes 30 seconds West
along said westerly right-of-way 209.52 feet to the point of begiunning of the land to be described;
thence South 09 degrees 51 minutes 44 seconds West along said westerly right-of-way 402J0 feet to a
point on the westerly property line of the Soo Line Railroad, said point being 50.00 feet westerly of, as
measured at right angles to the centerline of the main track of said Soo Line Railroad, thence North 24
degrees 05 minutes 37 seconds East along said westerly Soo Line Railroad property line, parallel with
the centerline of said main track 390.35 feet to its intersection with a liu�e bearing South 65 degrees 54
minutes 23 seconds East from the point of beginnuig;thence North 65 degrees 54 minutes 23 seconds
West 99.00 feet to the point of beginning;which lies north of the following described line:
Coxnmencing at a point on the west line of said Southeast Quartez(SEI/4) distant 1490.20 feet south of
the northwest corner thereof, said west line has an assumed bearing of South O1 degrees 03 minutes 04
seconds West; thence South 88 degrees 56 minutes 56 seconds East 133.60 feet to the westerly
property line of the former CMC Heartland Partners Railroad property and the point of beginning of
the line to be described;thence continuing South 88 degrees 56 minutes 56 seconds East 53.12 feet to a
point on the westerly property line of the Soo Line Railroad, said point being 50.00 feet westerly of, as
measured at right angles to the centerline of the main track of said Soo Line Railroad and said line
there tez�minating. Subject to all easements of record.
The Developer intends to combine and replat the properties and refer to it as the CoPE
ADDITION, described as follows:
Lot 1, Block 1, Cope Addition, and Outlot A, Cope Addition,
together with easements for drainage and utilities.
CopePUD
Page 1
.
Plans associated with this Agreement are as follows:
Plan A . . . . Site Plan
Plan B . . . . Sign Plan
Plan C . . . . Plat Plan
The CoPE Co�R�.PUD has been approved to include the antique automobile parts and
repair service based upon the following findings:
a. That entry and exit points to the site can be defined, as well as on-site circulation
improved, thus enhancing safery and focusing traffic movements relative to State Trunk
I3ighway 3;
b. That boulevard enhancements, in cooperation with the Minnesota Department of
Transportation (MnDO'1� are possible through the PUD to contribute to the downtown
redevelopment process. This, combined with other on-site improvements will serve to
substantially improve the overall appearance of the property.
c. That the site is not adjacent to any residential districts or uses.
d. That the commercial PUD has multiple tenants and presents a mixed use combining a
variety of retail commercial and office uses.
e. That the orientation of the auto repair use to the rear of the property preserves the character
of the property so as to be consistent with uses permitted in the Community Commercial
District.
f. That the PUD process provides the opportunity to enhance the building appearance and
bring the signage into conformance with the current ordinance standards.
g. That the PUD process provides ability to address drainage issues.
2. SPECIFIC CONDITIONS OF APPROVAL. TI18 Clty, through this Agreement, approves the Plat
and PUD upon the following specific conditions:
a. Outdoor storage of parts, equipment, debris, trash and junk, ar inoperable vehicles is�
]�prohibited on the,�ro�er y_, exce�t for the area imnroved with concrete at the southeast
corner of the buildinQ. ' . -
. This area sh 11 be screened and enclosed with an eight (8� feet
hi4Qpa�ue fence� constructed to be com�atible in color with the building.
b. Easement agreements are required to be executed between all parties sharing access,
circulation, and parking, in addition to drainage and utiliry easements and shall be recorded
with property title documents at the Dakota County Recorder's office. The access.
circulation� �nd parking aereements are reaui thro�;gh the PUD to fac'litate the on-site
on -w �.circulation nattern as described in Pl�n A, and to Frovide for the use of shared
, nar i g u�on�ro�erties owned bv the Develoner}Novak-Schwanz (PID No. 34-03700-
010-621 �nd Flueg�l (PID No. 34-03700-010-631.
CopePUD
Page 2
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it i wa 1 cignt on the b�lding shall be removed �nd renlaced by an a��roved uniform
yjg�ct,yle for all ten�nts in the bu lding The wall sign changeover shall be com�leted
witlLn six (�,) months of the exe.�ution of tlic Agre-�ment. A sign �ermit sh�il be reauested
and �htainP.� hy thP nPvelo�er for each �gn to be installed and shall be reviewed b,y the
ity for conform�nce with the annroved Sign Plan, Plan B. All siQns shall be in
conformance with Section 10�,��g�Rg�,uirements of Ordinance B - Citv of Rosemount
Zoning Ordinance.
i�g. All improvements shall conform with applicable building and fire codes.
i�. ,
. Prior to release of escrow funds on de�osit with the Citv, the
Develo�er sh�l• l�execute this Subdivision and PUD Agreement; 21 execute the
�et�t��n and waiver" ag�eements for�ublic imnrovements associated with Develoner's
nro�erty,; and 3�forward to the City certified cQpies of recorded easement documents
nroviding for shared access narking., and circulation with adjaceT.per owners and
inrin ing the declaration of access and�arkin� easements betweem the lot and outlot in the
P�.
J i. The Developer is responsible for all costs incuned by the City for engineering and planning
of all unprovements to public in�strncture and�rivate im}�rovements required in
connection with the$�D� Plat, plus all costs for outside consulting and legal fees.
i��. The PUD Agreement legitimizes the automobile service and repair use, in accordance with
the fmdings listed in Section 1 of this Agreement. However, it is understood that any
action that results in expansion or intensification of the automotive reuair use, or alters the
building or site im�rovements identified in Plans A and
�,,will require an amendment to the PUD Agreement.
3. GENERAL CONDITIONS OF PLAT APPROVAL. In addition to the special requirements set forth
in paragraph two above, the Developer and, as applicable, the City agree to the following
terms and conditions:
a. For two (2) years from the date of this Agreement, no amendments to the City's
comprehensive plan, zoning ordinance, or official control shall apply to or affect the use,
development, or dedications of the approved Plat, unless required by state or federal law or
agreed to in writing by the City and the Developer or specified above in paragraph three
(3). 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.
CopePUD
. . . . . � . � Page 4 . .
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b. The Developer shall install or ��-� ro have installed by h i v and
pay for the following:
1) pavement for circulation and parking on private property;
2) concrete curb and gutter;
3) landscaping;
4) sidewalks;
5) traffic directional signs;
6) setting of lot and block monuments;
7) surveying and staking of work to be performed by the Developer; and
$) aLl other related imnrovements and costs associated with this �roject. as described in
the exhibit of "Estimated Im�rovement Costs" for Attachments 1 and 2.
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c. The developer hereby grants the City, its agents, employees, officers, and contractors a
license to enter the Plat to perform all work and inspections deemed appropriate by the
- City during the installation of improvements. This license shall expire after the Plat has
been fully developed.
d. ,
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. All areas disturbed by the excavation and backf'illing
operations of the Development shall be reseeded forthwith after the completion of the
work in that area. Except as may otherwise be provided for ' ,
'� seed shall be rye grass or other fast-growing seeds 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.
� ,
CopePUD
Page 5
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e. The Developer shall clean dirt and debris from streets that have resulted from
construction work by the Developer, its agents or assigns, within 24 hours after notice by
the City.
f. The Developer shall be responsible for the following development-related costs:
1) Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the Plat 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 Plat,
the preparation of this Agreement and all costs and expenses incuned by the Ciry in
monitoring the inspecting development of the Plat.
2) The Developer shall hold the City and its officers and employees hannless from
claims made by itself and third parties for damages sustained or costs incurred
resulting from Plat approval and development. 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.
3) The Developer shall reimburse the City for any and all costs incuned in the
enforcement of this Agreement, including engineering and attorney's fees within thirty
(30) days after written notice of default and opportunity to cure. '
4) The Developer shall pay or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Agreement.
5) 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.
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4. Anlvmvis'r��PitovisTorts.
a. The Developer represents to the City that to the best of its knowledge, the Plat complies
with all City, county, metropolitan, sta.te and federallaws and regulations, zoning
CopePUD
Page 6
ordinances, and environmental regulations. If the City determines that the Plat does not �
comply, the City may, at its option, refuse to allow construction or development work in
the Plat until the Developer does comply. Upon the City's demand, the Developer shall
cease work until there is Compliance.
, .
c 1�. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
,
, , � , , � ,
dm�-pa�er.
e�. 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.
f¢. The Developer represents to the City to the best of its knowledge that the P1at is not of
"metropolitan significance" and that an environmental impact statement is not required.
If the City or another governmental agency determines that such a review is needed,
however, the Developer shall prepare it in compliance with legal requirements so issued
from the agency. The Developer shall reimburse the City for all expenses, including staff
time and attorney's fees, that the City incurs in assisting in the preparation of the review.
- g�. This Agreement shall run with the land and shall be recorded by the Developer against
the title to the property.
, ,
: 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 existing may be
exercised from time to tune 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 g. The Developer may not assign this Agreement without the written permission of the City
Council except that the Developer may assign this agreement and the obligations under it
to any subsequent owner or successor of any part of the Plat.
J�t. 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: Arlyn Cope, 14760 South Robert Trail, Rosemount, Minnesota.
55068. 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: Rosemount City Hall, 2875 145th Street West,
CopePUD
Page 7
' Rosemount, MN 55068, Attn: City Administrator.
ic i. Any amendments to this Agreement shall be in writing and executed by both parties.
�i. This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
CITY OF ROSEMOUNT
By:
E.B. McMenamy, Mayor
By:
Susan M. Walsh, Ciry Clerk
DEVELOPER
By:
Arlyn Cope, President Repairs, Inc.
By:.
AVR Inc. Pension Plan & Trust
Its:
STATE OF 11✓II1�iNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1995 by E.B. McMenomy, Mayor, and Susan M. Walsh,
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 , 1995 by Arlyn Cope, President Repairs, Inc. and
, its , AVR Inc. Pension Plan &
Trust
Notary Public
Drafted By:
City of Rosemount
CopePUD
Page 8
` PLAN B SIGN PLAN �- -�
NEW WALL MOUNTED PAINTED WOOD
.:,��'��'�'�^,�, �ti SIGN PANELS, 16' HIGH WITH 8' HIGH 4 "
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•--1`�� EXISTING WD. CANOPY . '�a��g,��� YPICALEFOR 5ESIGNS D BY OWNER,
:�r Cn,n��� " �'4' �
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PETITTON AND WAIVER AGREEMENT
THIS AGREEMENT made this day of , 1995, by and between the City
of Rosemount, a Minnesota municipal corporation (the "City"), and
(hereinafter collectively referred to as the "Owner"};
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property")
located in the City, and legally described in Attachment One which is hereby made a part hereof;
and
WHEREAS, the Owner desires to plat and develop the Subject Property and has applied
to the City for approval of a plat and planned unit development (PUD) pursuant to the City's
Code of Ordinances; and
WHEREAS, the development of the Subject Properry will require the construction of
certain public improvements, including storm drainage improvements, curb and gutter, street and
parking improvements, traffic signs and landscaping, adjacent to and within the Subject Property
(the "Lnprovement Project"), which is necessary to allow development of the Subject Property
as desired by the Owner and as required for the approval of the plat and PUD by the City; and
WHEREAS, the orderly development of the Subject Property requires the construcrion of
the Improvement Project during 1995 or as soon as the City is able to secure approval from
Mn/DOT; and .
WHEREAS, the Owner wishes the City to construct the Improvement Project without
notice of hearing or hearing on the Impravernent Project,and without notice of hearing or hearing
on the special assessments levied to finance the Improvement Project and to levy t 00
percent of the cost of the Improvement Project against the Subject Property; and
CLL87244 1
RS220-8
VYHEREAS, the City is willing to construct the Lnprovement Project in accordance with
the request by the Owner and withaut such notices or hearings, provided the assurances and
covenants hereinafter stated are made by the Owner to ensure that the City will have valid and
collectable special assessments as they relate to the Subject Property to finance the cost of the
Improvement Project; and
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project without such notices and hearings and is doing so
solely at the behest, and for the benefit, of the Owner;
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED,IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. The Owner hereby petitions the City for construction of the Improvement Project
consisting generally of storm drainage improvements, curb and gutter, street and
parking improvements, tr�c signs and landscaping as generally shown on
Attachment Two which is hereby made a part hereof.
2. The Owner represents and warrants that it is the owner of 100 pereent of the
Subject Property, that it has full legal power and authority to encumber the
Subject Property as herein provided, and that as of the date hereof, it has fee
simple absolute title in the Subject Property, which is not subject to any liens,
interests or encumbrances, except as listed on Attachment three attached hereto
and made a part hereo£
3. The Owner requests that I 0 percent of the cost of the Improvement Project be
assessed against the Subject Property. The Owner understands and agrees that the
cost of the Improvement Project will be determined in accordance with Minnesota
Statutes, Chapter 429 and standard city practices and that such cost may be as
much as $ 2ZF'3o8 . Special assessments shall be spread in accordance with
standard city assessment practices against the Subject Property exclusive of public
right-of-way or land dedicated to the public at the present time or upon future
subdivision of the Subject Property. -
: 4. The Owner waives notice of hearing and hearing pursuant to Minnesota Statutes,
section 429.031, on the Improvement Project and notice of hearing and hearing
on the special assessments levied to fmance the Impravement Project pursuant to
Minnesota Statutes,section 429.061 and specifically requests that the Improvement
CLL87244 2
RS220-8
Project be constructed and special assessments levied against the Subject Property
therefor without hearings.
5. The Owner waives the right to appeal the levy of special assessments in
accordance with this Agreement pursuant to Minnesota Statutes, section 429.081,
or reapportionment thereof upon land division pursuant to Minnesota Statutes,
secrion 429.071, subd. 3, or otherwise, and further specifically agrees with respect
to such special assessments against the Subject Property or reapportionment that:
a. Any requirements of Minnesota Statutes, Chapter 429 with which the City
does not comply are hereby waived by the Owner,
b. The increase in fair market value to the Subject Property resulting from
construction of the Improvement Project will be in an amount at least
equal to the total cost specified in paragraph 3 above, and that such
increase in fair rnarket value is a special benefit to the Subject Property;
c. Assessment of �oo percent of the cost of the Improvement Project against
the Subject Property is reasonable,fair and equitable and there are no other
properties against which such percent of costs should be assessed; and
d. The Owner further specifically waives notice and right to appeal
: reapportionment of such special assessments upon land division pursuant
to Minnesota Statutes, section 429.071, subd. 3.
6. The Owner understands and agrees that the City may provide for the payment of
such special assessments in installments bearing such interest as may be
deternuned by the city council. However, the decision regarding the period of
time over which the special assessments may be paid and the interest rate to be
applied is in the absolute and sole discretion of the ciry council, subject only to
limitations imposed by law.
7. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and
bind a11 successors in interest thereof. It is the intent of the parties hereto that this
Agreement be in a form which is recordable among the land records of Dakota
County, Minnesota and they agree to make any changes in this Agreement which
may be necessary to effect the recording and filing of this Agreement against the
title of the Subject Property.
8. This Agreement shall ternunate upan the final payment of all special assessments
levied against the Subject Property regarding the Improvement Project, and the
City sha11 execute and deliver such documents, in recordable form, as are
necessary to extinguish its rights hereunder.
9. The Owner grants all rights of entry and temporary easements over the Subject
� Properry which are necessary to construct the Improvement Project.
CLL87244
Rszzo-a 3
IN WITNESS WHEREOF, the parties have set their hands the day and year fust written
above.
CITY OF ROSEMOUNT
By
Edward McMenomy, Its Mayor
By
Susan Walsh, Its Clerk
By
Its
By
Its
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
1995, by Edward McMenomy and Susan Wa1sh, respectively, the Mayor and Clerk of the City
of Rosemount, Minnesota, a Minnesota municipal corporation under the laws of the state of
Minnesota, on behalf of the Ciry.
otary u c
CLL87244 �
RS220-8
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
1995,by and ,the and
, respectively, of , a
, on behalf of the
otary ic
CLL87244
RS220-$ S
PETITION AND WAIVER AGREEMENT
THIS AGREEMENT made this day of , 1995, by and between the City
of Rosemount, a Minnesota municipal corporation (the "City"), and
(hereinafter collectively referred to as the "Owner");
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property")
located in the City, and legally described in Attachrnent One which is hereby made a part hereof;
and
WHEREAS, the Owner desires to plat and develop the Subject Property and has applied
to the City for approval of a plat and planned unit deyelopment (PUD) pursuant to the City's
Code of Ordinances; and
WHEREA3, the development of the Subject Property will require the construction of
certain public improvements, including storm drainage improvements, curb and gutter, parking
improvements, and landscaping, adjacent to and within the Subject Property (the "Improvement
Project"), which is necessary to allow development of the Subject Property as desiretl by the
Owner and as required for the approval of the plat and PUD by the City; and
WHEREAS, the orderly development of the Subject Property requires the construction of
the Improvement Project at some future time in conjunction with other City storm sewer
improvement projects, but in no event sooner than five years from the date of this Agreement;
and
WHEREAS, the Owner wishes the City to construct the Impravement Project without
: notice of hearing or hearing on the Improvement Project,and without notice of hearing or hearing
CLL87641 1
RS220-8
on the special assessments levied to finance the Improvement Project and to levy I 00
percent of the cost of the Improvement Project against the Subject Property; and
WHEREAS, the City is willing to construct the Improvement Project in accordance with
the request by the Owner and without such notices or hearings, provided the assurances and
covenants hereinafter stated are made by the Owner to ensure that the City will have valid and
collectable special assessments as they relate to the Subject Property to finance the cost of the
Improvement Project; and
WHEREAS, were it not for the assurances and covenants hereinafter pro�ided, the City
would not construct the Improvement Project without such notices and hearings and is doing so
solely at the behest, and for the benefit, of the Owner;
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED,IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
l. The Owner hereby petitions the City for construction of the Improvement Project
consisting generally of storm drainage improvements, curb and gutter, street and
parking improvements, traffic signs and landscaping as generally shown on
Attachment Two which is hereby made a part hereof.
2. The Owner represents and warrants that it is the owner of lOQ percent of the
Subject Property, that it has full legal power and authoriry to encumber the
Subject Property as herein provided, and that as of the date hereof, it has fee
simple absolute title in the Subject Properry, which is not subject to any liens,
interests or encumbrances, except as listed on Attachment three attached hereto
and made a part hereof.
3. The Owner requests that 100 percent of the cost of the Improvement Project be
assessed against the Subject Property. The Owner understands and agrees that the
cost of the Improvement Project will be determined in accordance with Minnesota
Statutes, Chapter 429 and standard city practices and that such cost may be as
much as $ 2l ,2qD . Owner understands that the cost of the Improvement
Project is subject to increases in construction costs occumng between the date of
this Agreement and construction of the Improvement Project, and agrees that the
cost stated in the preceding sentence will be increased in accordance with project
cost increases as reflected in the Construction Record Index. Special assessments
CLL87641 2
RS220-8
shall be spread in accordance with standazd city assessment practices against the
Subject Property exclusive of public right-of-way or land dedicated to the public
at the present time or upon future subdivision of the Subject Property.
4. The Owner waives nodce of hearing and hearing pursuant to Minnesota Statutes,
section 429.031, on the Improvement Project and notice of hearing and hearing
on the special assessments levied to finance the Improvement Project pursuant to
Minnesota Statutes,section 429.061 and specifically requests that the Improvement
Project be constructed and special assessments levied against the Subject Property
therefor without hearings.
5. The Owner waives the right to appeal the levy of special assessments in
accordance with this Agreement pursuant to Minnesota Statutes, section 429.081,
or reapportionment thereof upon land division pursuant to Minnesota Statutes,
section 429.071, subd. 3, or otherwise, and further specifically agrees with respect
to such special assessments against the Subject Property or reapportionment that:
a. Any requirements of Minnesota Statutes, Chapter 429 with which the City
does not comply are hereby waived by the Owner;
b. The increase in fair market value to the Subject Properry resulting from
construction of the Improvement Project will be in an amount at least
equal to the total cost specified in paragraph 3 above, and that such
increase in fair market value is a special benefit to the Subject Property;
c. Assessment of.�percent of the cost of the Improvement Project against
the Subject Property is reasonable,fair and equitable and there are no other
properties against which such percent of costs should be assessed; and
; d. The Owner further specif'ically waives notice and right to appeal
reapportionment of such special assessments upon land division pursuant
to Minnesota Statutes, section 429.071, subd. 3.
6. The Owner understands and agrees that the City may provide for the payment of
such special assessments in installments bearing such interest as may be
deternuned by the ciry council. However, the decision regarding the period of
time over which the special assessments may be paid and the interest rate to be
applied is in the absolute and sole discretion of the city council, subject only to
limitations imposed by law.
7. The covenants,waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and
bind all successors in interest thereof. It is the intent of the parties hereto that this
Agreement be in a form which is recordable among the land records of Dakota
County, Minnesota and they agree to make any changes in this Agreement which
may be necessary to effect the recording and filing of this Agreement against the
title of the Subject Property.
CLL87641 3
RS220-S
8. This Agreement shall terminate upon the final payment of all special assessments
levied against the Subject Property regarding the Improvement Project, and the
City shall execute and deliver such documents, in recordable form, as aze
necessary to extinguish its rights hereunder.
9. The Owner grants all rights of entry and temporary easements over the Subject
Property which are necessary to construct the Improvement Project
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
above.
CITY OF ROSEMOUNT
By
Edwazd McMenomy, Its Mayor
By
Susan Walsh, Its Clerk
By
Its
By
Its
CLL87641 �
R5220-8
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
1995, by Edward McMenomy and Susan Walsh, respectively, the Mayor and Clerk of the City
of Rosemount, Minnesota, a Minnesota municipal corporation under the laws of the state of
Minnesota, on behalf of the Ciry.
otary ic
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
1995,by and ,the and
, respectively, of , a
, on behalf of the
otary u ic
CLL87641
RS220-8 5
_ _ _ _ ___---
_ _ � _ _. __ _ _
_ �
ARLYN COPE PUD- ESTIlVIATED IMPROVEMENT COSTS "
* �visEn 4/14/95 P�sE I Iiv�Rov�rrrs
IT�t QUa►x�rrrv Esrrnta�n TOTai.
Uxrr Cosr
Concrete C &G 460 l.f. $ 10/foot $ 4,600
Sawcut Bituminous 500 feet 2 /foot 1,000
Bituminous Paving (1-'k x 900 sq. yds.) 85 tons 40 /ton 3,400
Bituminous Patch 20 tons 50 /ton 1,000
Paving Prep. 1 L.S. 1,500 1,500
Traffic Signs 4 each 150 600
Striping 1 L.S. 500 500
Traffic Cont. 1 L.S. 500 500
Mobilization 1 L.S. 500 500
Landscaping:
..-;�;•-••---------------••-•------•---•--........----................ ..---.....••••••--••• --.......--•••--......- -----.....------...._...
Trees 4 each �� 300 1,200
...*....................................•--....-------...........--- ----...............-- •••........---••........ ...........---•.........
Shrubs 8 each 50 400
••-*••••••---g.........................•--•---•-----••-----••---••. ..................... .---------..........---. .....---•-•-••----••----
Hed es 80 each 5 400
-••*•---....�....-:••---•--••-•--------------------------••-•--•--• •-----•-----......... ...------...........---- •-•---•---•--•-•••---•--
Sod Soil& Mulch 1 L.S. 1,000 1,000
SuBToTai, $ 15,600
CONTINGENCY 10% 1,560
TOTAL CONSTRUCTION COST 17,160
ENGINEERING&FINANCE 30% 5,148
ToTai. $22,308
PHASE II IMPROVEMENTS
ITEM QUANTITY U�CO TS TOTai..
Concrete C & G 80 l.f. $ 10/foot $ 800
Class 5, 6" (204 cu.yds.) 430 tons 10/ton 4,300
Bituminous Paving (3" x 1,200 sq. yds.) 225 tons 40/ton 9,000
Common Excavation 204 cu.yd. 101cu.yd 2,040
Striping 1 L.S. 750 750
Mobilization 1 L.S. 500 500
Landscaping:
...*.....-•...............•--••---••--•------.........•-•----------- •-•..........-•-•••- ••-•---....-•--••-.....----. ...--•••••------•-•---
Trees 3 each 300 900
---*•.........................................................•----- -----...----........ ......-----------.........-- ---------.............
Sod, Soil&Mulch 1 L.S. 800 800
� SuBTOT�, $ 19,090
COrrrnvGENGY 10°k 1,900
TOTAL CONSTRUCTION COST $20�990
ENGINEERING&FINANCE 30% 6,300
ToTni. $ 27,290
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■�■�■.� CONCRETE CURB AND GUTTER
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PAVING P S
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P.O.Bcx 510
'��,` EVC'( 1'�'ll(l s Comin U ROSe1710U/�tl! Rosemount,MN
�;� >�� y g g p 55068-0510 �
Phone:012•�23-�3411
���" � � � Fax:51Z•�23•5203
June 9, 1995
Mr. Arlyn Cope
Repairs Inc.
South Robert Trail
Rosemount, MN 55068
RE: Arlyn Cope - Planned Unit Development & Pfat Request
Dear Arlyn,
Please accept this letter as follow up to your letter dated May 8, 1995. As mentioned in my
letter to you dated May 11, 1995, City Staff has taken time to review the comments in your
letter and would offer the following attached responses for your consideration. The draft
PUD agreement has been revised to reflect both your comments and the City Staff's position
to them accordingly. Two copies of the revised PUD & Subdivision Agreement have been
enclosed for your use. Please review the document at your convenience. Upon receiving an
executed agreement, or a letter of intent to execute the document, I will schedule this item
for final action before the City Council. Please feel free to call me at 322-2050 if you have
any questions or if I may be of further assistance to you in this regard.
Sincerely,
�-.�.�"'
Andrew Mack
Enclosures: Multiple
cc: Tom Burt
Ron Wasmund
. . . . . � ?-rt<!u rrc -lxi J,tV," ..
n +
r ro^
COPE PUD & SUBDIVISION AGREEMENT REVIEW
JUNE 9, 1995 _
Item No. � 5ect. Comments
1. 2 2(a) The language has been revised to reference the southeast corner of the
building.
2. 3 2(d) This is specific language drafted by the City Attorney directed toward
accommodating your special needs to retain separate ownership
'parcels' for the rear property. Our understanding of common
ownership would be that the same party(s) having authority to execute
the PUD & Subdivision Agreement along with the plat would have
common ownership and control of both the lot and Outlot in the plat.
If you continue to maintain concerns without a more specific definition,
then we would welcome any suggestions and forward them to the City
Attorney for review.
3. 3 2(e) The reference to waiver of Park Dedication fees is a Staff
recommended action to the Council and is referenced accordingly here
in the agreement. The basis for this recommendation includes, but is
not limited to, the following reasons: 1. There is no new
development, redevelopment or physical expansion of building foot
print upon the site; 2. The prirnary intention of the plat is to establish
a legal division and property description for the lot remnant acquired
from the railroad; 3. Platting is really more of a practical
consideration with respect to consolidating the properties under
common ownership vs. the actuallegal requirements necessitating a
plat.
4. 4 2(fl Yes, a permit is required for each sign that will be installed on the
building. The word "all" in the agreement has been modified to the
word "each° to more clearly reflect this understanding. The sign
permit fee is $ 50 per sign plus any electrical permits, as necessary,
however, the signs do not show to be illuminated in addition to the
lighting which presently e�sts on the building.
Cope PUD & Subd. Ag�mt. Review
June 6, 1995
Page 2
Item No. � Sect. Comments
5. 4 2(i) Any outside fees for engineering expenses are to be folded into the
estimated costs for improvements to be assessed. These estimates are
detailed in the information which has been supplied to you with the
draft Petition and Waiver Agreements. No ather outside planning or
consulting fees have been encumbered by the City with respect to this
project. To date, the only outside fees encumbered by the City are for
legal services rendered by the City Attomey who performs services for
Rosemount on a contractual basis. For requests such as yours, the City
is billed on a time and materials basis where specific work is generated
relative to a private development project. For these types of projects it
is the policy of the City Council not to pay for these services from
general tax payer funds, but rather to bill the costs of such services to
the project proposer directly attributable to such private development
services. In the case of your application, the $1,000 escrow fee which
is normally collected with PUD application, was not collected due to
the substantial funds on account with the City at that time. As of
5/31/95 there is a total of 13,464.23 in this account. Therefore, unless
the Council were to change this policy for the entire City or make a
special exception to you in this case, Staff would maintain that you are
responsible for these fees. To date, I am aware of legal expenses from
our City Attorney's office totaling an estimated $1,794 for services on
your project between 12/19/94 - 4/28/95. Copies of the invoices
describing these services from our City Attorney's Office have been
attached for your recards. Upon completion and fmal dispensation of
your PUD and Subdivision request, a bill will be sent to you detailing
all associated legal fees. These fees will need to be paid in full unless
other arrangements are made to subtract these expenses from the funds
on account with the City; or some other special arrangements are
requested and approved by the City Council.
6. 5 3(b.8) This item was added to provide for the various improvement costs
associated with the assessment projects in Phase I & II. So as to
unprove the specificity of this intent, the agreement has been revised to
reference those estimated costs identif'ied in the attached petition and
waiver agreement exhibit.
Cope PUD & Subd. Agmt. Review
June 6, 1995
Page 3
Item No. P� Sect. Comments
7. 5 3(d) The majority of this language is fairly standard contract provisions
intended to control work that is normally expected to be performed by
the developer. Since the developer and Ciry are moving this agreement
forward with provisions for public improvements, we are comfortable
with removing the majority of this language because the City will take
these necessary provisions prior to authorizing such work. General
provisions referencing the need for erosion control measures is the only
wording retained in this section. For your information, I have enclosed
a detail of the typical erosion control mea.sures used by developers and
the City.
8. 6 3(fj This is standard language provided for in all development agreements
and contracts. Please refer to the comments in item number 5 above.
9. 7 4(d) According to Sta.te Law, there are a number of uses or levels of
building intensity that trigger the need for a mandated environmental
review process. Based upon the City's understanding of the cunent
and anticipated use(s) of this property, no EAW or IIS is required of
this project, now or in the future. This language is standard to all
development agreements and is a form of protection for the City with
respect to unintentional misrepresentaxions or other unknown approvals
which may be required under State Iaws.
10. 7 4(g) This agreement does not provide for any City authority over who you
may decide to sell your property to. This clause of the agreement is a
standard safeguard over contractual performance for the property
between the Developer and City. Although certain responsibilities of
� the Development Agreement may run with the land through transaction
or sale of the property, there may be specific responsibility that the
City would continue to look toward from the Developer who initially �
executed the agreement. It would also provide for a safeguard where
an approval for development is obtained prior to closing upon a land
transaction and the developer decides to sell his option or interest in a
project to another developer. Since you already own the land (even if
through CD) and will likely be the responsible party for the agreed to
improvements; this consideration is not anticipated to be of issue.
Requirements of the petirion and waiver would clearly run with the
. land and would be the on-going responsibility of the land owner
irrespective of who initially signs the contracts and agreements.
Cope PUD & Subd. Agmt. Review
June 6, 1995
Page 4
Item No. P� Sect. Comments
11. General Yes, the PUD agreement is tied to and makes reference of the Petition
and Waiver Agreements. This may be found in Section 2(c) on page 3
which refers to them as attachments.
12. General I understand and can appreciate the frustration over the modest interest
amounts accruing for the funds on account with the City. The amount
of the funds combined with the need to retain a separate and individual
accounting for these funds, however, have placed limitations on the
flexibility for public investments of the funds. Our Finance Director,
Jeff May could offer you a more thorough explanation in this regard.
With respect to the term of the assessment, a range of between 5-10
years would not be uncommon. This is somewhat dependent upon the
� scope of the project, which will likely include more than just your
property, the interest rate associated with the term and other factors
normally associated with a special assessment project. The interest rate
cannot be set until the complete project is assembled and the hearing is
conducted before Council. It is my understanding that a typical range
for the interest rate would, however, be between 6-$% including
administrative costs. This rate would be consistently set for all
properties included in the special assessment project.
,
, _ __.
4
' 140021T *
161
OS/31/95 PAGfi 1
The First State Bank
3025 145th St.West
Box 479 �
Rosemount,Minnesota 55068-0479
Phone 612/423-1121
Fax 612/423-3091
NOTICE:see reverse side
for important information.
Report any differences in your checking
� � account summary within 30 days.Special
CITY OF ROSEMOtJNT EDA provisions,including a reporting period
of up to 60 days,apply if the difference
P O BOX 510 invo�ves an electro�ic funds transter or a
R�S���r � 55�68 credit line trensaction.See the back of
the statement for the special provisions.
STATEMENT
**�.******�******************************************��*****************************
PUBLIC MONEY MKT SVG
**,r*******************************,r**�rr******,r**�r************�,r****************�,t�****
ACCOIINT FEDERAL TAX ID YOUR PREVIOUS BALANCE ON 04/28 13,455.11
NUMBER 41-6005501 YOUR NEW BALANCE 13,464.23
' 1400217 1995 INTEREST CREDITED 41.95
INTEREST EARNED THIS PERIOD 9•12
. . .ANNiJAL PERCENTAGfi YIELD EARNED .75%
. . .BASED ON EARNINGS FOR 33 DAYS, TO OS/31/95
-------- DEPOSITS & WITFIDRAWAI,S -------- DATE AMOUNT BAI�FINCE
INTEREST PAID 05/31 + 9.12 13,464.23
�
j � � �
f � � � � � � � �
AE�EiVED
Repairs Inc.
14760 South Robert Trai l �AY 10�
Rosemount, Mn. 55068
CITY Ut HVSEMOUNT
May 8, 1995
Andrew �Iack
City of Rosemount
2875 - 145th Street West
P. O. Box 510
R��emoun*, Mn. '�50b8
RE� Planned Unit Development Agreement
De�.r An�rew,
This letter is to inform you of some cnanges and/or concerns we
have in the draft copy of tl-�is agreement.
� On page two, section two, paragraph a. , seccnd sentence;
sauthwest shou3ci re�d southeast.
� On page three, pa.ragraph d. , we would like to have the the city 's
definition of common ownershi�.
On page triree, paragraph e. , has the City Council already
3 approved waiving the park fees or is this sometriing that they
will be voting on at the same time as the P. U. D. ?
� On page four, paragra�Y-� f. , c�oes this mean that a. permit must re
issued for each sign, or one permit for alI signs�
Cn page four, paragraph i. , if this paragraph means that we are
� e�pected to pay for all af the costs the City has incurred to get
this P. U. D. approved, then we had better stop right now. I
willingly gav� away a �20, Q00+ per year U-HAIJL business plus have
our own iegal fees, etc. Sf we pay out any more, it is going to
b� for something material that is an improvement to the property.
, 6 On page five, paragraph b. , 8? , th?s sentence leaves us wide open
to just about anything. Some how this sentence is going to have
to be more clef irsed.
- � �n page five, paragraph d. , we would like to know inore detailed
information on this erosion controi pian.
On page six, paragraph f. , here again we are being expected to
� pay all of the City 's expenses and costs.
On page seven, paragraph d. , what guarantee do we have that the
� city won 't require one in sixty days or five years after this
sgreement is signed�
On page seven, paragraph g. , we have a real problem with not
i� being able to sell these properties without the written consent
of the City Council .
Unless I am missing something I did not see anything in the
11 P. U. �. Agreement that tied it and the two Petitzon and Waiver_
Agreements together.
Before the Petition and Waiver Agreements are implemented a term
,Z and an interest rate must be set. The same interest rate that my
esrrow account is getting shou?d be fair.
I will need two copies of a more final draft. I will need to
send a copy to AVR so their attorney can reveiw it.
Y�e ��z� better plan or: ors� of the two caunc:.l rreetings ne_�t mc�ntY-c.
Sincerly,
Arl : C��- F�-¢s.
Repairs Inc. -
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C I TY OF R OSEMORJNT R$215: �
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fiTT�i: �V�AN WALSH "
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i dedare.under penaiqr of law - " ��-
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thai this accourK,claim or demand #-- � ;'� =
fs just and correct and ihai no part - _�,�, .���-�-
af it has been Paid- __ _�_. � ;�«
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HOLMES 8t GRAVEN
� �'�
200 South Six[h Sveec,Suite 470
Minneapoltt,MN 53402
(612) 337-9300
May 23, 1995
CITY OF ROSEMOUNT -
susalv waLsx
PO BOX 510
ROSEMOUNT, MN SSU68-OS I O
RS220-00008: Cope PUD
Invoic� # 177�
Through April 30, 1995
For All Legal Services As Follows:
04/14/95 CLL Phone cail from A Mack re status of negotiations 0.30 39.00
on Cope development
04/17/95 CLL Prepare draft of first petition and waiver agreement 0.85 110.50
for Cape project
04/26/95 CLL Review draft PUD agreement; phone call to A 2.30 299.00
Mack re same; review file; prepare drafts of phase
1 and phase 2 petition and waiver agreements;
- letter to A Mack re same
04/26/95 LMW Intraoffice conference re easement 0.30 39.04
04/27/95 CLL Proof, revise and tranmit letter on development 0.40 52.00
agreement and waiver agreements
04/28/95 CLL Review subdivision agreement; draft letter to A 0.75 97.50
Mack re same
Total Services: $ 637.00
� Tota1 Services And Disbursements: $ 637.00
C 1 TY O F RO S E M O U N T Z8�5`;TMth s��,��t
P.O.Box 510
Rosemount,MN
� Everything's Coming Up Rosemount!! 55oea-o5�o
Phone:612-423-4411
Fax:612-423-5203
May 11, 1995
Mr. Arlyn Cope
Repairs Inc.
South Robert Trail
Rosemount, NIlV 55068
RE: Arlyn Cope - Plaaned IInit Development � Plat Request
Dear Arlyn,
Please accept this letter acknowledging receipt of your letter �
dated May 8, 1995 . At your request, I have removed this item
from the Ma.y 16, 1995 City Council Meeting Agenda. City Staff is
in process of reviewing the comments in your letter and will
prepare a response for you at our earliest opportunity. Please
feel free to call me at 322-2050 if you have any additional
comments or questions .
Sincerely,
�`��2l.{f-' J � -.. _ _�
Andrew Mack ��
cc: Tom Burt
Ron Wasmund
. . . . . � Printed.on re[Yded PaPer
containirrg 30 0
posFcomurtrer�matrri.irs.
' HOLMES & GRAVEN
CHARTERED
AttorneJs at La�►
470 Pillabur7 Ceatcr,Ninneapdb,lNin�reaoh 55402
RoHBRT A.A45oP (6121337-9300 ROBERT C.LoNG
RONALD H.BATTY JAM63 M.STROMMEN
S7,EPEiEN J�B�� Faaimile(612)337-9310 ,IAI►�s J•TBOMSON,IR.
JOEiM B.DE1N LAARY M.WEATl�N
IN�YY G.DosB�s
Boxx[E L wat�vs
STEF,►NiE N.GAI.EY GARY P.Wu�'I'ER
CORltii�rre A.HEi�te JoE Y.YANG
JAMES S.AoLMEs WRITER'S DIRECT DIAL
DAVID J.KENNEDY (f12)337A215 DAV[D I..GAAVEN(1929�1991)
Joax R.tr►Asox oF couNse[.
���„��,�E April 28� 1995 ROBERT C.CAALSON
JOfIIv M.LEFEVR&JR. RoBERT L.DAvmSON
R06EAT J•���L �'VELL[NGTON H.LAW
T.JAY SALMEN
Andrew Mack
City of Rosemount
2875 145th Street West
P. O. Box 510
Rosemount, MN 55068-0510
RE: Cope Subdivision and PUD Agreement
Dear Andrew:
I have reviewed the arnended draft agreement for the Cope development which you forwarded
to me on April 26, 1995 and offer the following comments:
1. In paragraph 2, the fust sentence states "The Ciry, through this Agreement,
approves the Plat upon the following specific conditions:". I would recommend
that the words "and Planned Unit Development" be added after the word "Plat".
2. Paragraph 2b requires the execurion by "all parties, of agreements relating to
access, circulation, and parking." I understand that the effective development of
the PUD will require some cross easements for traffic circulation and parking.
However,I am not familiar with the details of that requirement. I would suggest
that this paragraph be amended to specify, in more detail, the nature and extent
of the easements which will be required and the properties covered by this
requirement.
3. Paragraph 2c refers to the petirion and waiver agreements which we are requiring
the developer to execute. As noted in my last letter to you, I have prepared
separate petition and waiver agreements for the two phases of the project.
Therefore, I would recommend that the first sentence of paragraph 2c be amended
to read "Developer hereby agrees to execute Petition and Waiver Agreements in
the form attached hereto as Attaehments and for Assessment for
public improvements to the property in connection with Plan A." In the second
to the last sentence of the same paragraph "Agreement" should be changed to
"Agreements".
4. Paragraph 2d provides that in the event the two parcels in the plat fall under
separate ownership, the PUD will become null and void. In my last letter I
CLL87615
RS220-8
Andrew Mack
April 28, 1995
Page 2
suggested some additional language to this effect Additionally, as we discussed
by telephone,you may wish to make other requirernents of the PUD subject to the
same condition. That is, for example, you may wish to provide that in the event
the cross parking easements required by paragraph 2c are terminated for any
reason, the PUD will become null and void.
5. The word "Agreement" should be changed to "Agreements" in paragraph 2h 2).
6. Paragraph 2j indicates that an amendment to the PUD will be required if any
change occurs in the automobile repair use. As we discussed by telephone, this
paragraph should probably be expanded to indicate all of the kinds of changes to
the development which would require PUD amendment. For example, you may
wish to provide that any change to the size, configuration, or footprint of the
building on the site, change to parking or circulation patterns, etc. will require an
amendment to the PUD. It may be possible to describe the kinds of changes
which will require a PUD amendment by reference to the attached Plans, or parts
thereof, which you do not wish to be changed without PUD amendment.
Please let me know if you have any questions.
Very truly yours,
�� ���
Charles L. LeFevere
CLL:ckr
CLL87615
RS220-8
a --
. HOLMES & GRAVEN
CIiARTERED
Attarne�a at Gw
470 Pilisbur7lenter,Minneapdia,Mionewta SSJ02
RoseRT A.Atsor (6121337-9300 ROSEAT C.LONG
RONAGD H.BATTY IA11ffS:14•STROMINEN
STEPHEN J.BUBUL Faalmfle 1612)337-9310 JeAfFS J.THOMSON.JR.
JOHN B.DEAN LA6RY�'I.WERTHIIM
NARY G.DOBBINS BONNIE 4 Wn.XINS
STEFANIE N.GALEY GARY P.WINTER
CORRINE A.HEINE J�E Y.YANG
J�n�.c S.HoL.Ne.s WRITER'S DIRECT DIAL _
DAVID J.KENNEDY � (612)337•9215 DAViD�I..GRAVQV(1929�1991) �
JOHN R.LARSON tn OF COUNSEL
CMRLFS L.LEFEVERE April 27� 1795 ROBEAT C.CARLSON
JOHN M.LEFEYRE,JR. ROBEBT L.DAVmS+DN
ROBERT J.LINDALL WELLINGTON$.LAW
T.JAY SALMEN
Andrew Mack
City of Rosemount
2875 145th Street West
P. O. Box 510
Rosemount, MN 55068-0510
RE: Cope PUD
Deaz Andrew:
Attached are copies of two petition and waiver agreements for the Cope improvement projects.
Since there are two separate and distinct phases of improvement projects, I have prepared one
agreement to cover each of the two phases, primarily for purposes of clarifying the obligations
of the landowners and simplifying the agreements.
As you can see, the agreements refer to several attachments which will have to be prepared.
Attachment One is a legal description of the subject property. Attachment Two is a description
of the project. It may be easiest to describe the project in Attachment Two with some
combination of drawings and text.
From some of the correspondence, it appears that Mr. Cope is not willing to pay 10Q% of the
cost of the project. Because I am not certain how this is expected to work, I have left blanks for
the percentages of the cost of the project which will be specially assessed to this property and
the amount of the project cost.
To prepare the final forms of the agreements, I will need the legal name of both the owner of
the property and the contract for deed vendee.
You have also asked for language which could be included in the development and PUD
agreement providing that PUD status would be lost in the event the two parcels fail to be
maintained under common ownership. I offer for your consideration the following, which may
have to be amended so that the references to the parties and the parcels are para11e1 with the
references in the agreement which you are drafting:
Owner understands and agrees that the approval of the PUD by the City is
specifically made contingent on the common ownership of Pazcel 1 and Parcel 2.
But for such common ownership, the City would not have approved the PUD, and
- CLL87615
RS220-8
Andrew Mack
April 27, 1995
Page 2
common ownership of the two parcels will continue to be a condition of the PUD
approval. In the event, at any time in the future, the two parcels cease to be under
common ownership and control, the PUD shall become null and void and the
zoning of the subject parcel shall revert, with or without formal action by the city
council, to the C-2 zoning classification. Owner understands and agrees that use
of the Subject Property for automobile service and repair is not a permitted use
of the Subject Property under the current provisions of the City of Rosemount
zoning code, and is permitted only by reason of approval of the PUD. In the
event the PUD approval is made null and void by reason of failure to satisfy the
condirion that both parcels be under common ownership, the owner understands
and agrees that any rights resulting from the approval of the PUD to use the
Subject Property for uses which are not permitted by the City Code in C-2
districts, will cease, whereupon the owner will have no right or entitlement to use
the Subject Property for any use which is not lawfully in existence as a non-
conforming use of fhe Subject Property as of the date of this agreement or
permitted in G2 zoning districts of the City.
You asked for language which would result in the loss of the PUD status in the event the parcels
were not under common ownership at some date in the future. However, it may also that there
are other obligations which should be subject to the same condition. For example, if it is
necessary for the orderly development and use of the property to have cross easements with
adjacent parcels, you may wish to provide that in the event the cross easements are for any
reason lost or terminated, the PUD approval would lapse.
Your letter indicates that the city is willing to permit platring of the property as two separate lots
rather than a combined 1ot. I would recommend that language be included in the PUD agreement
which requires, as a condirion of approval, that the owner of the back parcel prepare and record
with the county, a declaration of easement for the back parcel for the benefit of the front parcel
providing for an exclusive easement for parking purposes over the entire rear parceL The
agreement should be a form which is found acceptable by the city administrator. It would be
preferable, but not absalutely necessary, to avoid any misunderstanding about this obligation, to
have Mr. Cope's attorney prepare the declaration for our review so that it can be made an
attachment to the PUD agreement.
Please let me know if you have any questions or comments on any of these matters.
Very truly yours,
� '
Charles L. LeFevere
CLL:ckr
CLL87615
RS220-8
----- -- - _ _ _ , _------_
:,
�i- � � ����r���r��
2875 - 145th Street West
Mailing Address: P.O. Box 510, Rosemount, MN 55068-0510
T 1 Tr-'—'� , `' ���L 1/ � �L l iJ1r�� 1 V l��_ /1�i /' ��,�,J T i I -j�r
� 11�� 1 �,1� �_ �_ �.� , ,� , � ; , � �
�
To: Charlie LeFevere, City Attorney
From: Andrew Mack, Senior Planner
Date: April 14, 1995
Subject: Arlyn Cope - PUD
Thanks for taking time to speak with me today regarding the Arlyn Cope PUD. Attached for
your review and file are recent copies of conespondence regarding this project. After meeting
with Arlyn Cope on April 11, 1995 a number of considerations surrounding the PUD were
discussed resulting in a general consensus on proceeding with the various site improvements,
approval conditions and agreements to accompany the PUD and Subdivision approvals. At this
time I would like to request the following assistance in preparing to bring this matter back
before the City Council on May 2, 1995. Upon completing a revised PUD and Subdivision
agreement, I will forward it to your office for review.
1. Petition and Waiver Assessment Agreement
We will need to have this agreement drafted to provide for the future City improvements that
will be made both on public and private property. Phase I would be improved as soon as City
can obtain MnDOT approval and Council approval for a Highway 3 improvement project,
Phase II would be tied to a project (such as the lower 147th Street Drainage Project) which
would occur no sooner than 5 years from the date of the agreement. The basis for public
improvements upon private property would be for area wide drainage improvements along with
overall enhancements consistent with Rosemount Downtown area improvement plans.
' Attached for your use are the estimated costs for both phases of the site.
2. Subdivision
Staff has consented to Mr. Cope's desire to plat the rear parcel as a separate lot. What I need
from you in this regard are two things. First, the necessary language for a condition to the
PUD which stipulates that if the rear parcel is not under the same ownership as the front parcel,
then the PUD would become null and void. I will also need any specific
language from you and/or requirements that we must impose in approving
FR°"�E D��oF... the subdivision relative to the landlocked parcel. This information will be
Andrew M ack
Senior Planner needed at your earliest possible opportunity if it needs to be incorporated
c�TY°F R°;EN°°� into the plat drawmg. The surveyor will need to get his work completed
2875 145TH 5TREET WEST
RosEMouxr,MN 55068 and to us by the week of April 24 in order to prepare for the May 2
(612)322-2�0 Council meetin Thanks for our hel & lease call if ou have uestions.
Fax:(612)423-5203 g• Y P P Y q
Aw.�nv COPE PUD SrrE P[,alv •
* ttEvtsE� 4/14/95 Pa�►sE I It�ttovE�rrrs
ITEI�i I QUANTITY I ESTIMATED � TOTAL
UMT COST �
Concrete C & G � 460 l.f. $ 10/foot � $ 4,600
Sawcut Bituminous S00 feet 2 /foot ! 1,000
Bituminous Paving (1-'fz x 900 sq. yds.) 85 tons 40 /ton 3,400
Bituminous Patch 20 tons 50/ton 1,000
Paving Prep. 1 L.S. 1,500 1,500
Traffic Signs 4 each 150 600
Striping 1 L.S. 500 500
Traffic Cont. 1 L.S. 500 500
Mobilization 1 L.S. 500 500
Landscaping:
...*........................•--...........---••------•---•--•-•----- -........••-••-..... ..------......---..............----....._....••--
Trees j_ 4 each 300 1,200
...* .....•-•----••-•-----•---••...........................• -•--•--.........••• --..... ----•--........----••-
Shrubs 8 each 50 400
..*••Hedges.......................•.•••--••----............ .-80�each� 5 i ._ . ..4�..._.
••..................•••....--•------•••••---•----....__.......---•••• ••---._......_..._... •--..................... ._......................
* Sod, Soil& Mulch T L.S. 1,000 1,000
SusTOTai, $ 15,600
CONTINGENCY lO% 1,S6O
TOTAL CONSTRUCTION COST 17�1GO
ENGINEERING&FINANCE 3O% 5,1�
ToTai, $22,308
PHASE II IMPROVEMENTS
I'1'E1K QUaNrI'rY Esrrn�.�v TO'r.ar.
UrnT COST
.. --- -- -��-- �.---- -- - -- -. .. .. -
Concrete C &G 80 1.f. $ 10/foot $ 800
Class 5, 6" (204 cu.yds.) 430 tons 10/ton 4,300
Bituminous Paving (3" x 1,200 sq. yds.) 225 tons 40/ton 9,000
Common Excavation 204 cu.yd. 10/cu.yd 2,040
Striping 1 L.S. 750 750
Mobiliza.tion 1 L.S. 500 500
Landscaping:
•---•••••................•••-------------•-••-••---...------.......-- ••-•--••••-•--•---•• -•-•••••••--•...-•---••••... ...••••-....---.......
* Trees 3 each 300 900
........-•----•...................................................... ....••--•••-•---•-•- •-----------....._.......... ......----------......
* Sod, Soil&Mulch 1 L.S. 800 800
SusToTAL $ 19,090
CONTINGENCY 14% 1,900
TOT.v,CoxsrxuCTTON COsr $20,990
• ENGINEEItING&FINANCE 3O% fi,3�0
TOTAL $27,290
:��� �
- .�
'- 4��1�"
Repairs Inc.
14760 South Robert Trail
Rosemount, Mn. 55068
March 30, 1995
Andrew Mack
Gity of Rosemount
���i� - 1��5tt� Str��t west
P. O. Box 510
Rosemount, Mn. 55068
RE� Planned Unit Development Request
Dear An�3rew,
I am in receipt of your Iett.er dated March 23, 29q5. After
reading your letter and proposa3 , I discovet-ed tha+ we riaue son�e
prob?erris.
During our last meeting at City Hall , I explainecl that I woulcl
not agree to pay fc�r any improvements to any of my neighbors
�ro��rty. In your proposal yau are asking me ta al �ow you to
a�ses� me fc�r c�srring ar_d paving �r the Novak � Sch;��r� �ro�iert;.
3 will not pay for �.nything beyond my property lines.
Nt� a'�o di�cL.�s��3 w�-,at �T�u �re �al �;ng in your pr�����I a
�umpster enclosure. Rather than the concrete enclosure you are
suggesting, I agreeci ta erect a wooden privacy fence type
�rc3osure. Also rather than using it ta hide the dumpster, which
cannot be seen f rot�t Hwy 3 anyway, aN are � n��.mk�er at c�ti�eT��
3c�c-�tec� downtown, I would use this enclosure for the storage of
old tires anel scrap e�aust parts which are both pickec� u�a
�eriodically for recycling. It would be much more important to
hide those types of items than it would be to hir�e the dumpster.
Regarding the easements: Novak � Schwanz, Jerry Fluegel and
myself have all agreed to cros� easements, hawever, I will not
�iave these easements f inal izecl unti l after the P. U. D. is
approved, I will not have this �roperty tied to any easements if
the �. U, D. is not r�pproved.
Gene Pederson ancl I explained z number of times why we d�cJ not
want to combine the two lots. Unless the City will provide me
with a legal document stating that they will accept f�r1l
res�onsibility and cos�.s involved with the possible clean up of
any contamination on the eastern iot that may have been creater�
by either the railroad ar V�N Qil , I will not agree to c�mrine
these two lat�.
In all of the meetings that Gene and I have had with the staff,
Planning Commission� Port Authority and City Council , there has
never been any mention of a payment to the Parks and Recreation
Commission. The $770. 00 cash payment you are suggesting I pay to
the Parks and Recreation Commission is ludicrous. I will not pay
it.
Ttzere is absolutely no excuse why this matter has taken ,
approximately 18 months to end up right back to the �eginning.
It is a real shame that the City did not ha��e the money to
improve and dress up an entire block right downtown. If we
�annot work together to get this f inal izecl by May 32, 1995, then
I will have no choice but to declare my contract with Apple
Valie� Fedi-Mix null and void. At that point you wiil have to
deal with them directly.
S; ncerely,
Arly Cope
Pres.
cc: Tom 8urt
Ron W�.smund
Bud Osmundson
:�,.`�
C1TY OF ROSEMOUNT "TM "A"
•�°?'�� �8i5- 145th Street�Xiest
P.O.Box 510
Rcsemount,MN
Everyrhing's Coming Up Rosemount!! 5soes-o5io
';� P�one:512•4z3-�41 i
- ;''' Fax:512•�Z3•5203
March 23 , 1995
Mr. Arlyn Cope
Repairs Inc.
South Robert Trail
Rosemount, MN 55068
RE: Arlya Cope - Planned IInit Development Request
Dear Arlyn,
Thanks for taking the time to speak with me on Friday March 10
regarding the status of your PUD proposal . I would also like to
thank you for attending several recent meetings here at City Hall
in an effort to try and resolve a number of outstanding issues
concerning the design and implementation of site improvements
connected with your PUD project. .
City Staff has considered the curbing and parking improvements
along the front of the property and have concluded that
� involvement on the City' s behalf as a contracting and permitting
agent for improvements in the MnDOT Right-of-Way is the only
practical solution to making needed improvements to the area.
Under this proposal the City has applied to MnDOT to obtain
permits for improvements along Highway 3, including both street
. and associated private property improvements from Quick Trip up
to Lower 147th. Through the PUD you would be responsible for
payment of your share of these improvements. Payments to the
City would be through a special assessment project and guaranteed
by a petition and waiver for assessments. This is a separate
document that would be drafted by the City Attorney and executed
by you as a condition to approyal of the PUD.
A similar approach would be taken in the rear of the property
where drainage and paving improvements would be made in
conjunction with the City' s storm sewer improvement project along
Lower 147th Street. Discussions to date on the rear portion of
the lot would provide for °staging° of improvements with
assessments to occur no sooner than five years fram the date of a
PUD and Subdivision Agreement. This would provide you with the
benefit of not having to pay for immediate improvements to be
made, yet still gives the City assurances that responsibilities
and guarantees for completing necessary site improvements are in
place.
� ����� .�,�,�,u,�4�
� co va�mne 3v
auu-rons n-:....
Mr. Arlya Cope
March 23, 1995
Page 2
From our discussions you informed me that you were generally in
agreement with this approach to improvements and would like to
move forward with approval of the PUD. Staff would also Like to
see this issue brought forward to a final conclusian. As we
discussed though, it would not be practical to bring this matter
back before Council until we have a response from MnDOT on the
curbing and right-of-way improvements . Although we would not
need to delay action until an actual permit is issued by MnDOT,
Staff feels that some specific direction as to their willingness
to work with the City is essential .
Upon approval and installation of the phase I site improvements,
the one way on-site access and circulation pattern would be
established.
While we are awaiting a response from MnDOT I would like to
suggest that we pull together all the details to be addressed
before finalizing the PUD/Subdivision & Petition and Waiver
Agreements. The attached improvement costs describe preliminary
estimates that Staff has developed for the engineering,
excavation, curbing, paving, landscaping, striping, directional
signs, etc. for both phases of the site improvements . These
would then in effect become the City installed improvements to be
assessed over a period of years and would become a part of the
petition and waiver agreement. A plan showing the area of
improvements associated with your property and Novak-Schwanz
property, including the proposed phasing plan, is also enclosed
for review.
Planned improvements shown to the Novak-Schwanz property is
perceived to relate to both properties under the shared access,
parking and circulation arrangement. Therefore, an equitable
arrangement will need to be considered for the assignment of cost
responsibility on the Novak-Schwanz property portion of the Phase
I improvements . This portion of the estimated improvement costs
- would then be removed from the phase I project total to be
identified in your petition and waiver agreement.
Your responsibility in proceeding with the PUD and Platting
approvals would then be as follows:
Site Improvemeats
1. Improvements to the rear of the building for a dumpster
� enclosure. The most current plan received from you by
Charles Novak indicates a 6' high, S" concrete block trash
enclosure with a stucco finish on the exterior to ma.tch the
existing building. You will also need to supply infonnation
on the door or gate that will be used to screen and provide
Mr. Arlya Cope
March 23, 1995
Page 3
access to the interior. This area will be permitted for
storage of dumpsters only; with no other storage of
materials allowed as a part of this PUD.
2. The removal of all existing wall signs and installation of
new wall signs consistent in design and appearance for all
businesses in the building. Individual sign permits will be
required for each wall sign and all will be reviewed for
consistency with ordinance and the sign plan which you have
submitted for approval . No pylon sign will be installed
until such time as curbing and driveway improvements are ,
made along the front of the property. At that time a sign
permit must be requested and the design conform to aIl
standards in the ordinance including height, size, setback,
etc.
3 . Providing parking lot curb stops to protect the building
where no curbing is to be installed.
Easements
1. Supply the appropriate cross-easements providing for shared
access, circulation and parking between the Cope and Novak-
Schwanz properties. At your option, you may wish to supply
us with similar agreements between these two properties and
the Fluegel property.
2 . A drainage and utility easement will need to be obtained
from Novak and Schwanz running along the driveway entrance
from S.T.H. 3 to the east side of the parking lot where it
meets the Cope property.
3 . A determination will need to be made from our engineering
department as to the amount of easement that will be needed
along the front of the property.
Plat
1. Supply a final plat which meets all of the submittal
: requirements for a final plat.
2 . The plat must include provisions for drainage and utility
easements in the following locations :
a) Along the south end of the building from S.T.H. 3 to
the rear of the building.
� : ___
Dsr. Arlya Cope
March 23, 1995
Page 4
b) Upon the entire unpaved portion of the property to the
east (rear) of the building.
3 . City Staff continues to prefer that the entire property be
platted and combined into a single lot. In a previous
letter to you dated December 22, 1994, I indicated that we
would reserve the right to this requirement pending further
discussions between the City Attorney and your legal
representative. To date we have not received a final
opinion back from the City Attorney. This was a primary
issue holding up Council approval and will need to be
addressed,
4. A cash payment in lieu of park dedication in the amount of
$770 was recommended by the Parks and Recreation Committee.
This will need to be paid at the time of executing the
project agreements and prior to release of the signed plat
by the City.
I will plan to be in contact with you as soon as we hear back
from MnDOT. Please feel free to call me at 322-2050 if you have
questions or would like to schedule a time for further discussion
of this information.
Sincerely,
�.� /'�� -
Andrew Mack
Senior Planner
Enclosures: Two
cc: Tom Burt
Ron Wasmund
Bud Osmundson
UTY HALL
C I TY O F RO S E M O U N T 2875—145th Strett West
P.O.Box S iD
Rosemoun�,MN
Every�hing's Comrng Up Rosemount!! ssa�-0sio
Phone:612-423-1411
fax:612�423-5203
March 6, 1995
Mr. Lars Impola
Utility Permits
Minnesota Department of Transportation
Metropolitan Division
Water's Edge Building
1500 West County Road B2
Roseville, MN 55113
Re: Permit Application for Work within Trunk Highway Right-Of-Way
On: Trunk Highway #3 from Lower 147th Street to a point 950 feet south
City of Rosemount, Dakota Counry, MN
Dear Mr. Impola:
� Attached is an application for "placing of obstructions" on Txvnk Highway #3 south of
Lower 147th Street in the City of Rosemount. Also attached is a site renovation plan sketch
which is very basic but does show the project site area.
The actual work which would be completed would be the installation of a concrete curb and
gutter on the east side of State Trx►nk Highway #3 along the Fluegel, Novak, Schwanz, Cope
and Kwik Trip properties. Also included would be sidewalks, signage, and trees and shrubs
which may be in the right-of-way area. The approximate location of the right-of-way is
shown on the plans. The main purpose of the proposed work is to re-define the entrances
into the existing commercial businesses along this section of roadway and to generally
improve the appearance along this section of highway. This area is a main entrance into
"downtown" Rosemount and the proposed work would greatly improve the aesthetics of this
gateway. .
Access off of T.H. 3 is currently unlimited in front of the Novak/Schwanz and Cope
buildings. It is also this way in front of the Fluegel commercial rental property. The
proposed curb and gutter improvements would identify the exact driveways to Trunk
Highway #3 for these businesses and close off much of the existing unlimited access. The
proposed curb would align with the existing curb north of Lower 147th Street. lfiere will be
associated improvements on the private property east of the right-of-way that would be done
with this project including overland drainage from the new trunk highway curb and gutter.
The city will be the contracting agent.
�� � � � �� � � � .� � �nmraonm�ckd�wa.
tartamu�a 30''.
.aostta�uume+nure�ia:a.
, ^ .
Mt. L1I's IIDpOIa
March 6, 1995
Page Z
The project could be completed in phases as funding is available. This project does not
include any improvements to the west side of T.H. 3 at this time.
Thank you for your cooperation in processing this permit application. Please call me at
322-2025 if you have any further questions.
Sincerely,
�� ��a��+
Bud Osmundson, P.E.
Public Works Director/City Engineer
BO/dw
cc: Ron Wasmund
Andrew Mack
Rick Pearson
Thomas Burt
Doug Litterer
c�rr r+au
= �x C 1 TY O F RO S E M O U N T Z8�5-,�5�h SV�t,��t
P:O.Box 510
, Rosemount,MN
Everything's Coming Up Rosemount!! s�oea-osio
'" Phone:612-423-4411
Fax:oT2•423•5203
February 10, 1995
Mr. Eugene E. Pedersen
6801 West 150th Street
Apple Valley, MN 55124
Re: Arlyn Cope - Planned Unit Development Request
Dear Gene,
I would like to take this opportunity to thank you and Arlyn for meeting with Tom, Ron,
Rick and I last Thursday. I am sending this letter in summary to our meeting to detail the
proposal as we understand it now and identify the steps necessary to continue with this
proposal.
A principal concern arising out of this meeting relates to Arlyn's apparent inability to finance
improvements to the property as identified in the cunent PUD site plan as presented xo the
Port Authority on 2/7/95. As a result, it is our understanding that you are now proposing to
change the nature of the request by completely eliminating the majority of site improvements,
such as paving; curbing along the North, South and West portions of the site; screening and
enclosure of the dumpster in the rear and all landscaping.
As discussed in our meeting, the PUD Zoning Proposal would then include the following
components as a part of the request:
1. Installation of curbing along the front of the site on private property to
accommodate a reoriented front angled parking along with only minor
filling/patching of asphalt along new curb line.
2. Creation of a driveway exit from the property between the new curbing along
the front and the Quick Trip property.
3. Creation of a driveway entrance to the Cope and Novak/Schwanz property
between the new curbing along the front and the Novak/Schwanz property.
4. Procurement of mutual access, parking and circulation easements between
Cope and Novak/Schwanz praperty and possibly to include Fluegel property.
� ���������
���,,��„g 10
;,��.�o,,,�� �.,�.•;�.��,.
Eugene Pedersen
Arlyn Cope - P.U.D Request
February 10, 1995
5
Page 2
5. Installation of traffic control signs at the driveway entrance and exit.
6. Painting of new parking stall suiping in front parking area.
7. Painting of 45 degree angle parking stall striping on the Novak/Schwanz
propertY.
8. Installation of a ponding basin at the northeast corner of the property.
9. Improvements to wall signs and installation of a pylon sign.
10. Retaining a separate lot (not combining both lots) for the praperty acquired
from the railroad.
I am asking that you submit a letter detailing the revised request which either confums the
above items, adds to or removes any from the list. I will leave it to your discretion as to
whether or not you wish to supply a revised site plan reflecting these changes. You will also
need to request approval far multiple variances now being proposed with the project. Due to
the substantially changed nature of the proposal, we will place the request back on the
Planning Commission Agenda for their review and recommendation to City Couneil. We
will need to have this proposal back from you no later than Tuesday February 21, 1995 in
order to place it on the February 28, 1995 Planning Commission Agenda,
For your information I have attached excerpts from the Rosemount Zoning Ordinance which
describe many of the standards which apply to the Cope property as proposed for the PUD
Zoning. Although a more complete analysis of the variances involved in the revised request
will be evaluated in the Planning Staff report, an initial look includes multiple variances to
our parking, screening and landscaping standards. Staff has attempted to facilitate and has
supported the PUD request up to date. We will, however, have difficulty supporting such a
substantial degree of variances to our standards that would be required of any other
development in the community. This is especially true where no plan enters the picture
which provides for phasing of required improvements; even if over a reasonable period of
time. We would be more than happy to continue exploring this possibility should you so
choose.
Eugene Pedersen
Arlyn Cope - P.U.D Request
February 10, 1995
Fage 3
Again, thanks to you and Arlyn for meeting with us yesterday and we will continue to work
with you both in bringing this request before both the Planning Commission and City
Council. If I can be of any further assistance please give me a call at 322-2050.
Sincerely,
/�,d'"""l�
a'`�\
Andrew Mack
cc Arlyn Cope
Charlie LeFevere
Charles Novak
Tom Burt
Ron Wasmund
Bud Osmundson
Rick Pearson
Doug Litterer
Enclosure
APPLICABLE NilQ1�1U1�1 COMPLIANCE REQ � S
AND ZONFNG ORDINANCE DEVELOPI4fEN'I' STr�NDARDS
FOR 14760 SOLTTF� ROBERT TRAII.
* Outdoor storage - Section 4.9.
All equipment, merchandise, materials, supplies, unlicensed vehicles, trash and junk,
and finished and semi-finished praducts sfia11 be stared within structures as defined
herein, except as specifically authorized by the zoning ordinance.
* Section 8.1 A & G - Off-street parking reqnirments that will be required as part of
the PUD, supported by find.ings 3 and 4 of Section 12.2 D, to wit:
3, The proposed development will not be deuimental to surrounding properties.
4. The Plan is more creative and will provide a better living, working, or
shopping environment than is possible under strict ordinance requirements.
Except for one- and two-family dwellings, backing from a parking lot directly into a
street shall be prohibited.
* paridn� Design and Construction Standards - Section 8.1 L;
FL'LL SI�E C�RS* �
Description Nfinimum Requirements (
Paricing Angle(Degrees) 0 30 45 60 75 90
�taaeuvering Lane Width (ft) IZ I2 14 18 21 24
Paricing Space Width(fG) 8 8S 8.5 8.� S.S SS
paricing Space Leagch 22 18 18 18 18 19
Bay Dimension(One Tier) 20 29 41 38 41 43
' Bay Dimension(Two Tie:s) 28 46 61 58 61 62
Surfacing: All parking lots and drives other than for a single-family residence
without public sewer shall be paved with a concrete or bituminous
surface in accordance with standards established by the Ciry. All
parking spaces shall be striped with a suitable paint in accordance with
approved plans except for single-family residences.
� Curb and Gutter andlor barriers: All lots shall have curb and gutter or other
suitable parking bumpers or barriers to channelize
the flow of ttaffic and clearly define parking
spaces in the interest of efficient lot utilization
and conflicL minunization.
Draina�e: All parking lots shall have a draina;e system which is approved by the
Ciry.
Screening: When a required off-street parkina lot for six (b) or more cars is
located adjacent to an "R" district, a fence or a wall having ninety
percent (90�) opacity not less than three and one-half fe�t (3.5') nor
more than six feet (6') in height shall be erected along the "R" district
property line.
__ .
_
,
.:�. : .. . . . _ . . . . . . . . � . � . � k� . .. . .. � . . � ..
Maintenance: It shall be the joint responsibility of the operator and awner of any .
principal use to maintain, in a neat and aesthetic manner, the ParlanS
space, accessway, landscaping and required fences and walls.
* Landscaping - Section 8.3
Minimum requirements - 8 trees or 1/3,000 sq. ft. land area wiuch ever is greater.
Boulevard trees are required at fift�+ foot miaimum iatervals. In addition, one
foundation planting is required per ten linear feet of building perimeter.
Minimum tree sue - 2.0-2.5 inches as measured six inches above ground.
* Signs - Section 10.2 E 3
Wall signs ia commercial districts situated north of CSAH 42 not exceeding fifteen
percent (15%) of the total area of the wall on which the signs are affixed. Wall signs
to be constructed on structures with more than one sign be designed according to an
approved sign plan in which all signs have complementary designs, similar shapes and
sign areas.
,
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1 . Cover Letter
2 . Novalc Drawln
g
3 . S ite Renovation Estimate
4. Co e's Cost Brealcdov�cm
�
5 . Pro'ect Brealc�.ov�cm
�
Gene Pedersen
I2910 Hamlet Avenue
Apple Valley, MN SS124
January 12, 1995
6801 West 150th Street
Apple Valley.Minnesota 55124
812-432-7132
City Planning Office
City of Rosemount
2875 West 145th Street
Rosemount, MN 55068
RE: Cope Property
14760 South Robert Trail
Rosemount, MN 55068
Dear Madam/Sir:
We have been working with the City of Rosemount and the Port Authority on a Planned Unit
Development (PUD) that both the City and Mr. Cope could agree upon.
Charles Novak, Architect, in conjunction with adjoining property owners, has sketched a drawing
that Mr. Cope and he have agreed upon. Enclosed please find this drawing as well as a complete
breakdown of the estimated costs associated with the project. Please note, in the breakdown of
costs, Mr. Cope has cunently spent $31,923.�0. The City is requiring several improvements
estimated at $35,500.00. Not included in prior discussions is an additional cost requested by the
City of$19,000.00 to cover Mr. Cope's rear parking lot and temporary holding pond. The City's
recommended improvement costs of$54,500.00 would then bring the project total to
approximately$86,400.00.
; Mr. Cope is prepared to move ahead with this proposal if he can work out a contribution around
$35,000.00 to $40,000.00 from the Port Authority. Mr. Cope realizes this is only an estimate
which needs approval of the City and will be subject to actual cost verification. It will be
necessary to review the new submittal with the Port Authority so that they are aware of the
additions in the revised plan. We propose to proceed with a finalized submittal to the City and
Port Authority and gain their approval.
Should you have any questions,feel free to contact me.
Sincerely,
Gene Pedersen
12910 Haml Avenue
Apple Val . 55124
590-282
NO;:7HS FOND ��G• �JFfh,r.L \�T[� .
EEtErit ID�. aoNi� TO 11A'd[ A o-'
CLAr C�P 2CLOv THE SDDDED .
SURFACE F7N[SH
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'i . GRAVEL PARKRl3 Alm MHt�EUVERA�G��' •
, , . s ', � � AREA. B[TU►BNOUS TO BE A�DED aS � .
� SHADE4 AREA id72 tND[CATES THE EXTENT PART UF PHASE 2 ff REDEVELOPI£NT
` /, Di' TH BIT(.MiNOUS OVEALAY ASSOCIATEp � � �
'YITH �FwSE 1 OF THE �EDEVEL�'hEHT. 6' HIGi{ B' CaNC BLDCK TRASH ENCL
4RK1rJG LOT YITH VHi� PARtUNG V2 OF Ob'ERLAY ASSOCIATED W1TH THE �VITH A STUCCO FIMSH �N THE EXTERI�R�
1 �3 �EGP.EE ANGLE. DyE VAY Cff'E BUIIDING AND ThE pTl-ER VITH T1-E TO HATtk iHE EXISTING BUILDWG
:ING PATTERN �� � NUVPI(:SCHWAH2 BUIIDING. . �
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T� VEWAY ENIRA�SLE � P�-ON SIGf{ SEE D A THIS SFEET WITH 6' VIDE CQNCRETE CLRB PEF
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680t West 150th Street
Apple Valiey.Minnesota 55124
612-432-7132
January 12, 1995
City Planner
City of Rosemount
Rosemount, MN
RE: Site Renovation Project
147th Block @ Highway 3
Rosemount, MN
Charles Novak, Architect
Estimate: .
Base Bid
Approximate 610 Lineal Feet Curb/gutter
5 Each Wood Sign Panels
1 Each 2" Overlay of blacktop and patching around curb
1 Each Landscape @ Highway 3 and North side of bldg
990 Lineal Feet Striping
50 Lineal Feet 8' Chain Link Fence with 16'wide gate
2 Each 8" Concrete approaches per City spec.
150 Square Feet 4" Concrete walk on south side of building
Total $35,500.00
� Alternate Bid (rear of building)
1 Each Holding Pond
1 Each 3" Blacktop overlay and 6" Class 5 Base
Total $19,000.00
Gene Pedersen
590-2827
COPE'S COST TO-DATE SPENT ON PROJECT
Arlyn& JoAnne Cope January I2, 1995
14760 South Robert Trail
Rosemount, MN 55068
Description Amount
Cement Parking Stops $ 200.00
Paint-Basic Color 45 gal. 807.75
@ $17.95 ea. 93.95
Trim 5 gal. @ $18.79 1,500.00 2,401.70
Outside Front Lighting 375.00
Outside Back Lighting Additions 342.00
Electrical Wiring 1,485.00
Purchase of Additional Property 6,SOO.OQ
Attorney's Fees 2,000.00
Tree Removal 250.00 '
Waste Removal (cement, garbage) 220.00
Grading 500.00
Hill Removal 350.00
, Five loads of Class 5 with grading 1,250.00
Roof Repair 2,000.00
Architect,Novak 1,SOQ.00
. Plat Survey, Schwanz 2,000.00
Consulting Service,E. Pedersen 2,500.00
Time: Cope, Fluegel, Schwanz Meetings
Front Sign Fabrication 3,000.00
Cost incurred to upgrade present 5,050.00
. business location per Code corrections
- TOTAL $31,923.70
1
CUPE PROJECT BREAKDOWN
Cope Property(spent to-date): $31,923.70
Base Bid (estimated): $35,500.00
Alternate Bid for Reax Lot (estimated): $19.000.00
Total Project Costs for PUD: �86,423.70
2
,
HOLMES & GRAVEN `
` CHARTERED
Adarne��at I.n�
d79 pfl4bur7 Center.Mlnneapolb.Min�rcsola 55�W2
ROlERT A.ALSOP (612)337-9300 RODERT C.LONIi
RONALD H.BATiY �����L�
S,�,ElHII��.BUSUL FaaimUe(612)337-9310 B�lARA 4 YORTwOOD
Joex B.Dw+ ��►ns M.Sno�v
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tN�t7r c.Lwasnvs
STPFAP(lE N.GALEY LAZRY M.WER7HHM
BoxMe L WR.Imv.4
C01tRINL A.HEINE W[tITER'S DIRECT DIAL GAYY P.R'IIYI'LY
]AML4 S.BOIMES (�13)337•9215
DAVID J•KENNFDY DAVfD L.GItAVEN(142¢199!?
�ORN R LARSON OF COlJN3B.
WELLINGTON H.I.AW RODLAT C.CAS4SON
CAARLFS L.LEE'EYEQE ROHEA'i L.DAVmSON
Jot�n M.LeFsvxe,m. T.J�Y S�.a�v.
RODEYI'J.LiDiDALL
December 28, 1994
Mr. Anthony Gleekel
Siegel, Brill, Greupner
& Duffy
1300 Washington Square
100 Washington Avenue South
Minneapolis, MN 55401
RE: Subdivision of Cope Addition in the City of Rosemount
Dear Mr. GleekeL•
In a recent phone conversation, you asked me to call to advise you of the action taken by the
Rosemount ciry council on the application for subdivision approval and planned unit development
approval of the Cope Addition in the City of Rosemount. As I had expected, the city council
held a public hearing but did not take action on the PUD or the subdivision. Essentially the
reason for declining to take action was that a number of issues were unresolved at the time of
the hearing.
t�ne of these issues is the issue which you anc� I discusseci last week reiating �o �e �ues�on
whether the Cope Addition should be platted as two lots rather than one.
It is not clear to me what position your client is taking on this question since it was represented
by Mr. Cope's representative at the hearing, Mr. Eugene Pedersen, that platting the addidon as
one lot would not be a problem.
If platting the addirion as one lot is acceptable, that would be the city's prefened position. It is
generally not considered to be good land use planning to allow the subdivision of land into
� parcels which include a land locked parcel or one which is not independently commercially
viable. I have been asked by the city's senior planner, Mr. Andrew Mack, to advise them as to
the appropriate position on this matter. My general opinion, as I have indicated to you by
telephone, is that allowing the platting of land locked lots such as the railroad property in the
CLL81517
RS215-4
Mr. Anthony Gleekel
December 28, 1994
Page 2
Cope Addition is not desirable. However, before giving the city my final opinion, I wanted to
give you an opportunity to present the case on behalf of your client for platting the property into
two lots.
It may be possible to address the concerns which typically cause a city to refuse to plat such
isolated lots by other means. That is, for example, it may be possible through some combination
of easements, covenants, contracts, deed restrictions, performance guarantees, and the like to
satisfy the city that the creation of an isolated lot would not prove to be disadvantageous to the
ciry. Therefore, assuming Mr. Cope feels strongly about platting the addition as two lots rather
than one, I would invite any specific suggestions which you may have about to address the
following concerns by means other than requiring the property to be platted as one lo�
The problems associated with isolated lots or lots which are not commercially viable generally
arise because the ownership the isolated lots becomes separated from the ownership of the
"normal" lots for some reason. As long as the lots aze under common ownership and control,
creating separate lots is not a problem. However, as you know, once separate parcels of record
are created by approval of a plat, the separate lots in the plat may be sepazately conveyed.
I understand that the main lot and the railroad parcel would be owned by Mr. Coge or other
entities under his control at the outset. However, if the two parcels are platted as separate lots,
the properties could come under separate ownership for any one of a number of reasons. For
example, if the railroad property is found to contain contamination, it may simply be abandoned
by its owners. The property may be abandoned for any other reason and simply allowed to go
by tax forfeiture. For reasons beyond his control, the developer might fail to satisfy the
requirements of the contract for deed on the main parcel, or one parcel could be the subject of
a foreclosure action but not the other. If for any reason ownership becomes divided,the city has
no assurance that taxes on the property will be paid, or that anyone will assume responsibility
for maintenance for the property.
Essentially, the ciry is considering this mixed-use planned unit development on the assumpdon
that it will continue to be under unified ownership and control. If the properties could come
under separate ownership, the city would be concerned about assuring continuing compliance
with the requirements of the PUD. One of the primary concems of the city is the grading,
paving, and improvement of the parking azea, together with any necessazy drainage
improvements, on the railroad parcel. These improvements may not occur for one or more years.
It is my understanding that the final design of the parldng lot contours and construction of
drainage improvements will probably not occur until certain other major city drainage projects
are completed. If, prior to the final construction of those improvements, the railroad property
goes tax forfeit, for example, it could make it very difficult for the city to enforce the conditions
of the PUD relating to the unprovements to that parcel.
CLL81517
RS215-4
Mr. Anthony Gleekel
December 28, 1994
Page 3
If you have specific suggesdons about how to adtiress these issues, we would be happy to
consider them.
Finally, it is my understanding that Mr. Cope is purchasing the main parcel on a contract for
deed. If this is true, it will be necessary for the contract for deed vendor to execute the plat, the
PUD agreement, and any other related documents such as parking cross easements, covenants,
etc. I understand that the applicant is Mr. Cope. However, I do not believe that the city has any
other specific information about the state of title. I assume that the city will be requiring some
form of evidence of tide so that it is assured that all of the proper parties are executing the
necessary documents.
Very truly yours,
_�--��.%-�.��
Charles L. LeFevere
CLL:ckr
cc: Mr. Eugene E. Pedersen
Rick Pearson
Andrew Mack
Tom Burt
Ron Wasmund
- CLL81517
R5215-4
. .�_��
-�4- C I TY O F RO S E M O l,l Iv T z875—CT45th Sr�eet West
;� P.O.Box 510
Ever thin s Comin CI Rosemouni►! Rosem°""t.�nN
Y Q� g P 55068-0510
�''�- Phone:612-�23-4411
_,;�
fax:512-�#23-5203
December 22 , 1994
Mr. Eugene E. Pedersen
6801 West 150th Street
Apple Valley, NIlV 55124
Re: Arlyn Cope - Planned IInit Development Request
Dear Gene,
First, I would like to take this opportunity to thank you for
your continuing efforts to resolve the issues surrounding this
request and for staying on top of things. Based upon the results
of the City Council Meeting for this request, I felt it necessary
to send you this letter in order to outline the steps and action
needed on your behalf to prepare for final approval . These items
are listed below for your review and consideration.
SITE PLAN
1. Addition of the curbing area along the south end of the
building.
2 . Extension of a curbing island at the north end of the
building eastward to separate parking from the side and the
rear of the building. This island should include provisions
for the continuation of landscaping treatments . This will
be considered a part of phase I improvements.
3 . The addition of on-site traffic control signage (ie:
entrance/exit only, one way, etc. ) At a minimum, double-
faced signs should be positioned on both sides of each
driveway access point.
4. The location of the area (may be shown in dashed lines) to
be used for temporary on-site ponding of water. A brief
note should also be added on the site :plan describing the
method for containing water in this ar�a.
5. The designation of the dumpster enclosure area at the
southeast corner of the building and the materials to be
used for constructing the enclosure or supply a detail .
6. Redesign of the freestanding sign or sign placement
providing a minimum three (3' ) clearance from the parking
lot curbing.
_ � ����������,�,�.
cont�mnrg30`e
post.mnwmr�marrnalr.�
Mr. Eugene Pedersen
Arlyn Cope - P.II.D Request
December 22, 1994
Page 2
EASEMENTS
The following easements are considered to be needed separate from
those which may be conveyed by the plat.
1. Supply staff with the appropriate cross-easements providing
for shared access, circulation and parking between the Cope
and Novak-Schwanz properties . At your option, you may wish
to supply us with similar agreements between these two
properties and the Fluegel property.
2 . Supply the City of Rosemount with a drainage and utility
easement from the Novak-Schwanz property running
approximately the width of the driveway entrance from S .T.H
3 and running easterly to the point where it intersects with
the Cope property plat .
PLAT .
� 1. Supply staff with a final plat which, at a minimum, meets
all of the submittal requirements for a final plat. A copy
of these requirements are enclosed for your use. Please
contact Rick Pearson concerning any information which you
feel may or may not be necessary in this regard.
2 . Add provisions for the dedication of drainage and utility
easements on the plat in the following locations :
a) Along the south end of the building from S .T.H 3
to the rear of the property.
b) From the above listed easement extending north
. along the back of the property and connecting with
the easement to be supplied from the Novak-Schwanz
property.
c) A temporary easement which encompasses any part of
the temporary ponding area not included in the
permanent easement areas.
d) An option for a portion of the easements in the
rear of the building may be to provide a blanket
over the entire area until specific drainage
patterns are defined according to improvements .
To give you a better idea of what we have in mind here, a
sketch has been enclosed which shows these areas . Please
Mr. Eugene Pedersen
Arlyn Cope - P.II.D Request
December 22, 1994
Page 3
feel free to contact Bud Osmundson at 322-2025 with any
further questions you may have in this regard.
3 . The City of Rosemount clearly prefers that the entire
property owned by Arlyn Cope in this P.U.D. be platted into
a single lot. At this time, however, we are reserving the
right to this requirement pending the rendering of a legal
opinion from the City Attorney. Staff will supply you with
our position on this matter once received. For your review
I am enclosing a copy of a memo sent to the City Attorney
detailing this request . .
SIIBD IV I S I ON � P.II.D. AGREII�IENT
It is my understanding that you have received the draft
development agreement that was distributed to Council on Tuesday
night. This draft was put together quickly and will still be
changed after review and comment from the City' s Development
Review Committee. With this in mind, please return to us any
comments or questions you may have regarding this document before
it is drafted into final form.
DEVELOPMENT PERFORMANCE SECURITY
1. Item number 2 (e) in the draft development agreement speaks
to items which the City is looking to have performance
secured from the applicant. You supplied us with cost
estimates for site improvements which appears to include
only phase I of the development (copy of your December 13,
1994 letter enclosed} . We would ask that you also supply
estimates for phase II. This will provide a more accurate
breakdown of costs for each phase of the entire P.U.D.
on-site improvements.
2 . The posting of security referenced in Item Number 2 (e) is
intended, although perhaps not worded clearly at present, to
allow the applicant to post performance security in phases
according to the phasing of improvements. This would
provide you the benefit of not having to post security on
the second phase until the first phase is completed.
Mr. Eugene Pedersen
Arlya Cope - P.II.D Request .
December 22, 1994
Page 4
3 . Funds on deposit with the City of Rosemount for relocation
of the Repairs, Inc. business will not be recommended for
release until there is full compliance with the City' s
Zoning Ordinance, including the approval and execution of
the Subdivision & P.U.D agreement and posting of required
performance securities . After these stipulations have been
met, the matter of releasing the relocation funds in escrow
will be brought to the City Council for final approval .
I believe the above information should supply you with a
comprehensive look at everything we still need to address prior
to bringing this matter back before the Council for final
approval. The City Staff stands prepared to work with you in
what ever way necessary in order to continue facilitating the �
final review and approval of this project. Please feel free to
contact either myself at 322-2050 or Rick Pearson should you have
further questions or if we can be of any further assistance to
you in this regard. We would also be more than happy to schedule
a time to meet with you in person as may be necessary. Best
wishes to you at this Holiday season and we will look forward to
working with you in 1995 .
Sincerely,
�� �
�
Andrew Mack
cc Arlyn Cope
- Charlie LaFevere
Charles Novak
Tom Burt
Ron Wasmund
Bud Osmundson
Rick Pearson
Doug Litterer
Enclosures: Multiple
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T0: Charlie LaFevere, City Attorney
FROM: Andrew Mack, Senior Planner
DATE: December 21, 1994
RE: Arlyn Cope - Planned IInit Development
Please accept this request as follow up to Council` s tabling action
on the above item at last night' s meeting. During the discussion on
this matter you identified a number of concerns with allowing the
request to move through the approval stage and in particu?ar,
without having the issue of platting "method" for the rear parcel
resolved. In order to continue facilitating this project through the
approval process I would appreciate you supplying me with an opinion
as to the appropriate position the City must take with regard to the
platting of the two parcels involved in this request . We would also
appreciate receiving any comments you may have upon the draft
Subdivision and Planned Unit Development Agreemen.t distributed at
the meeting on Tuesday.
City Staff will await your response prior to informing the applicant
of our recommended position. Regardless of the position, Staff will
expect the applicant to furnish a completed plat drawing which
includes all required utility & drainage easements, along with all
required plat information upon the drawing prior to final approval
by City Council . In addition to the p1at, Staff now also believes
that it will be necessary to have the private cross access,
circulation and parking agreements executed by the property owners
and supplied prior to final approval of the request. You may also
wish to consider whether these easements should be required as an
exhibit to the development agreement.
Thank you for your assistance in this matter and we will await your
response prior to further processing of this request .
cc: Gene Pedersen
Arlyn Cope
Ron Wasmund
Tom Burt
Bud Osmundson
Rick Pearson
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SUBD.32 PRELIMINa►RY PLAT PROCEDURES
_ � �; a. Aoolication and Fee. The subdivider or owner shall file with the Yillage Cierk tea{l�) copics of the
_. preliminary plat aad such supplementary information as may be required aad a cash fee of S25.00 plus
S2 for each IoG In addidon, to the application and fee,the subdividcr shall be required to prepay all
planning,engiaeering and legal expenses incurred by the Yillage for the review of said request,bascd
oa aa estimate.
b. Distribudon to other�encies. The Villagc Clcrk shallsefer one (1) copy of the prelimiaary plat to
each of the following agendcs: County Highw+ay Engineer, County Surveyor, Counry Planning
Commission, School Board, V�illa3e Engnetr, the Villagc Planning Commission aad the V'sllage
UtiIities Commission, for review and repoR. If within thirty (30) days, any agency fails to submit a
report, the Villa.ge may proceed oa the assumption [hat the agenry has approved the plat. .
e. P�blic Hearin�. The Planning Commission shaIl submit a recommendation to the V'illage Council
within sixty (60) days of receipt of[he applica[ion. The V'illage Council shall hold a public hearing
on the Preliminary Plac aftez notice of the time and place thereof has been published once in the
official newspaper at least tea (10) days before the day of the hearing. The V'illa.ge Council shall aci
to approve or disapprove the preliminary plat. If disapproved,the reasons for disapproval shall be set
forth in the Minutes of the Council.
SUBD.33 FINAL PL�iT PROCEDURES
a. Final Submittai. The owner or subdi�ider shall file three (3) hardshell and two (2) Iinen copies of
the final plat for consideration by the Village Council incorporating all changes or modifications
required as conditions of approval of the preliminary plat. In all other respecis, it shall conform to
the preliminary plat as approved. The plat shall be complete as to the information required under
Section 4 of this ordinance. .
b. Certificate of AbstracL The owner or subdividez shall also submit an up-to-date certified abstract of
tide or such other evidence as required by the V'�llage Attorney. .
' c, Review. Tlie Village Clerk shall refer the final plat to the Planaing Commission for iis re�new,report
� _ and signature. The report shall be submitted to the V'illage Council within thu'ry(30} days of receipt
' of the plat and the Council shall acL on the final plat within sixty(60) days of its receipt pro�zded all
improvement contraci requirements have been satisfied according to Seciion 6 of this ordinance.
d. Recordins. Upoa approval of the final plat,by the Village Council,the subdivder shall record the final
plat with the County Register of Deeds, as provided for by that office, within sixty (60) days after
approval by the V'�Ilage Council. The subdivider shall within thirty(30} days of recording,furnish the
Villase Clerk with one linen copy of the fiaal plat showing evidence of the recording.
� SECTION 4 SPECIFICATTONS FOR PLATS
SUBD.4.1 INFORMr�TION REQUIRED
� The plat shall be clearly and legibly drawn at a scale of one inch equaLs one hundred (100) feet, or targer,
and shall contain the following information:
a. Tide of the proposed subdivision.
b. Names and addresses of the owner, subdivider, surveyor or engineer preparing the plat.
e. Location of the subdivisioa by section, township and range or by legal description.
d. Graphic scale, north anow, date of prepazation.
e. The names of abutting subdivisions and boundary or properry lines of ad}o'ining subdi�lded or
unsubdivided lands.
f. Boundary li.ne survey.
g. Total acreage (acreage of individual tots in preliminary plat).
h. Location of existing easements,streets,utilities,structures,section lines and corporate lines within and
adjacent to the proposed subdi�ision.
3 =
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i If a replat, the original lot aad block arraagcments shown ia dotted or dash liacs.
. � j. Strats,street names, right-uf-way and roadway widtlu.
k. I,ocatioa5 of all alleys, pedutrian ways aad ut�ity eascments.
L Layouc, numbcrs and dimensions of all Iots and blocks.
m, Areas iatended to be dedicated or resezved for public use.
n, M'inimum &ont and side sueet setback lines as required by the V'illage Zoning Ordinance.
o. High water and floodplain baundaries w6ere appropriate.
p. The location oE all monuments.
q. Notariud certification by a registezcd land surveyor.
r. Notarized certificatioa by the owaer or owners and by mortgage holders.
s. Certification showing that aIl ta�ces and special assessments have been paid.
4 A form for approval and for the sigaatures of the Planning Commission Chairman and Secreiary and
the Mayor and V'illage Clezk
SUBD.4.2 SUPPLEhiENTARY I1`'FOR'�1ATION REQUIRED
In addition to the plat, the following information shall be required and filed with the preliminary p1aL
a. A topograpluc map at the same scale as the preliminary plat showing supposed lot lines existing and
proposed topography,streei centezline grades,watez courses,marshes,vegeta[ion and other significant
features.
b. Soil absorption tests where septic tanks are proposed, ia accord with the Village sewer and water
ordinance.
" . c. A schematic utility plaa for watez,saaitary and storm sewers and drainage and including the proposed
location, gradient and size of such proposed sewer and water lines.
d. . A map indicacing plans for the development of the entire area, if the proposed plat is a poriioa of a
largez holding iatended for subsequent developmenG
SUBD.43 QUALIFICATIONS GOVERNING APPROVAI.OF A PRELIb1INARY PL�iT
a. The approval of a preliminary plat by the Village Council shall only constitute acceptance of the design
as abasis for the prepazation of the fmal plat by the owners or subdividers. Subsequent approval by
appropriate officials having jurisdiction will be required of the proposals pertaining to water supplies,
� storm dzainage, sewage disposal, sidewalks,grading,gradients and roadway widths and the surfacing
of sireets prior to the approval of the fmal plat. The subdivider shall also present evidence that the
plat has been reviewed by, and meets the requirements of,those responsible for the provision of gas,
electric and telephone service.
b. No plan will be approved for a subdivisioa which includes any area subject to periodic flooding or
which coatains e�remely poor drainage capabilities which would make adequate drainage of the streeis
and lots impossible, uniess the subdivider agrees to make improvements which will,ia the op'inion of
the V'illage Engineer, make the area completely safe for occupanry and provide adequate street and
lot drainage.
SECTION 5. SUBDIVISION DESIGN STANDARDS
SUBD.5.1 STREETS
a. Widths. Street ri�h[-of-way widths shall be as shown in the Comprehensive Guide Plan and,where
applicable, shall conform to Counry and State standards for trunk highways. In generaI, minimum
�' widths should be as follows: Freeways, 300 feet; Arterials, 100 feet; Collectors, 66 feet; and Local
Streets, 60 feet.
4 �
_ s
6801 West 150th Street
Appie Valley.Minnesota 55124
612-d32-7132
December 13, 1994
City Planner
City of Rosemount
Rosemount, MN
RE: Site Renovation Project
147th Block @ Highway 3
Rosemount,MN
Charles Novak, Architect
Estimate:
App�oximate 310 Lineal Feet B612 curb/gutter
5 Each Wood Sign Panels
1320 Square Yazds 2" Blacktop paving in rear of building
1 Each Holding Pond @ NE.corner of 1ot
Landscape @ Highway 3 and North side of bldg
990 Lineal feet Striping
C�Z,ll Ot.�6 cF /on�C�
F'C'..rvci.c�� F4.+- Pu,a.,�vs'Tf..�s
Total $18,750.00
- � '
Gene Pedersen
432-7132