HomeMy WebLinkAbout9.a. Request by CNC Development for Final Plat of Emerald Isle
EXECUTIVE SUMMARY
City Council Regular Meeting: January 19, 2021
AGENDA ITEM: Request by CNC Development IV, LLC,
AGENDA SECTION: New
nd
for Final Plat Approval of Emerald Isle 2
Business
Addition
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.a.
ATTACHMENTS: Resolution; Subdivision Agreement;
Chronology of Actions and
Correspondence; Memorandum from City
Attorney dated January 14, 2020;
Location Map; Final Plat; Preliminary Plat
APPROVED BY: LJM
Area; Landscape Plan; Ponding
Easement Exhibit; Parks and Recreation
Memo dated February 18, 2020;
Engineer Review Memo dated December
7, 2020,
RECOMMENDED ACTION:
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1. Motion to Adopt a Resolution Approving the Final Plat for Emerald Isle 2 Addition,
subject to conditions.
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2. Motion to Approve the Subdivision Agreement for Emerald Isle 2 Addition and
authorize the Mayor and City Clerk to enter into the agreement.
SUMMARY
The City Council is being asked to consider a request from CNC Development IV, LLC, for approval of a
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Final Plat for Emerald Isle 2 Addition to allow development of 57 single family lots. This plat represents
the second project phase of a multi-phase preliminary plat approved by the City in May of 2020. The final
plat for the first phase of development was approved by the City Council at its meeting on September 15
of this year. The final plat is necessary to facilitate subdivision of the subject property into individual
residential lots, outlots, and public streets. The Planning Commission and staff find the application
consistent with the Emerald Isle Preliminary Plat and recommends approval of the application subject to
the conditions detailed in the attached resolution.
Applicant: CNC Development IV, LLC.
Plat Acres: 48.68
Met Council Net Acres: 48.68
Residential Lots Created: 151 preliminary lots, 57 final platted lots
Gross Density: 2.16 Units/Acre (single family 151/70.07 acres)
Net Density: 2.16 Units/Acre
Comprehensive Plan Guiding: LDR-Low Density Residential,
Current Zoning: R1 PUD-Low Density Residential Planned Unit Development
Surrounding Land Uses
North: Low Density Residential
East: Agriculture
South: Public/Institutional
West: Medium Density Residential
PLANNING COMMISSION ACTION
The Planning Commission reviewed this request at its meeting on December 14, 2020. Normally, final
plats are reviewed and approved as part of the consent agenda. Because there has been an unresolved issue
related to the required ponding easement along County Road 42, staff wanted to give the applicant an
opportunity to share their concerns with the Planning Commission. This issue is described in more detail
further in the easement vacation staff report also on the agenda. The Planning Commission voted
unanimously to recommend approval of the Final Plat.
BACKGROUND
In May 2020, the City Council approved a preliminary plat, Planned Unit Development (PUD) master
development plan with rezoning, and reguiding of a portion of the site to permit construction of 151
single family lots with a multi-family project to be approved in the future along the southern border. The
current final plat is the second phase of the project. The plat will create a connection with the extension
of Connemara Trail in the southwest corner of the site.
An amendment to the City’s comprehensive plan was approved by Council concurrently with the Planned
Unit Development Master Development Plan for Emerald Isle in May. Staff has verified that the
Metropolitan Council approved the Comprehensive Plan amendment on January 13, 2021. The
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Amendment addresses the southern portion of the 2 Addition and the land slated for a future apartment
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building. A drainage and utility easement has been dedicated over the entire Emerald Isle 2 Addition plat
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area when Emerald Isle 1 Addition was filed. Council is being asked to vacate that easement elsewhere
on the agenda. However, staff is recommending maintaining a portion of the previously recorded
easement that would be located over future ponding areas and over the requested trunk storm sewer
extension. A sketch of the regional ponding easement is included with the attachments as well as an
overall site plan that includes the concept for the apartment building in Outlot B.
ISSUE ANALYSIS
Legal Authority. This application is a Quasi-Judicial action. The final plat application is Quasi-Judicial
because the City has a set of standards and requirements for reviewing this type of application that is
described in detail below. Generally, if the final plat meets the ordinance requirements and is consistent
with the preliminary plat, it must be approved.
Land Use and Zoning. The proposed 57-lot single family final plat is consistent with the current land
use and zoning classifications. The subject property is guided LDR – Low Density Residential and zoned
R-1PUD, Low Density Residential Planned Unit Development. As a result, the property is subject to all
the standards of the R-1, Low Density Residential zoning districts as well as the standards for detached
single family units contained in the approved PUD. While this development is subject to all of the
conditions and development standards contained in the PUD, the most notable deviations from the
requirements of the Low Density Residential zoning districts are provided below. All these items were
anticipated in the preliminary plat approval and were part of the initial PUD approval.
1. Section 11-4-5 F. 1. R-1 Minimum Lot Area: The minimum lot area shall be 8,125 square feet
for interior lots and corner lot minimum of 10,625 square feet.
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2. Section 11-4-5 F. 2. R-1 Minimum Lot Width: The minimum lot width shall be 65 feet for
interior lots and 85 for corner lots.
3. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: The minimum side yard setback shall be
7.5 feet.
4. Section 11-4-5 F. 6. R-1 Minimum Rear Yard Setback: The minimum rear yard setback shall be
25 feet.
5. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: The maximum lot coverage shall be 30% for
lots over 10,000 sf and 40% for lots under 10,000.
Final Plat. Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City
Code. The section of the Code outlines the two-step Preliminary and Final Plat process for land
subdivision. In this case, the preliminary plat was approved in May 2020 consisting of 151 single family
lots and various outlots. Staff finds that the final plat is consistent with the preliminary plat and meets the
requirements of the zoning ordinance.
Streets & Access. The sole access to the first phase of development came from Addison Avenue in the
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northwest corner of the development area. Lots within the 2 Addition will be accessed by an eastern
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extension of 142 St E that ends in a cul-de-sac. On the western side of the plat, Aspen Avenue will be
extended south where it will connect to a short extension of Connemara Trail providing a second access
into this phase of development. As development continues within Emerald Isle, Connemara will be
extended to the eastern development boundary to provide additional access into the development and also
to the future apartment building site.
Utilities. Sanitary sewer is available to the site via the existing Metropolitan Council interceptor which
currently traverses the site. The developer received a permit from the Metropolitan Council to connect the
sanitary sewer directly into the line. The elevation of the sewer must be deep enough to also serve the
property to the east, should it develop in the future. Water service will be extended from the adjoining
developed property. The applicant is requesting extension of the storm sewer line which will be placed
under Connemara Trail. The line is part of the trunk system and very deep. The developer would like to
have the sewer installed within the entire site now rather than piecemeal so grading of the site will not be
impacted by the sewer installation. Development fees as detailed in the Engineer’s Memo dated December
7, 2020, are due with the final plat and subdivision agreement.
Landscaping The landscaping plan provided shows one tree on the front yard of each interior lot and
two trees on each corner lot as required by the City Code. Additional landscaping is shown in the area
near the stormwater pond in the northern portion of the plat area as well as along the short extension of
Connemara Trail. The landscaping plan for this phase of development is consistent with the overall
landscape plan approved with the Planned Unit Development Agreement. The applicant is required to
submit a letter of credit of $39,270 to ensure individual lot landscaping as well as the landscaping located
in the common areas.
Storm Water Management. The developer will be managing the stormwater on site with the use of
retention and infiltration basins. Since approval of the preliminary plat, the City and Dakota County have
been talking to the applicant about expansion of the southern pond in Outlot B to permit regional
ponding associated with the Akron Avenue signalization improvement project. A drainage and utility
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easement over the entirety of Outlot B was dedicated with Emerald Isle 1 Addition. The applicant would
like to vacate that blanket drainage and utility easement. Because ponding is needed in two areas, south of
Connemara Trail and south of the pipeline easement, staff is recommending a condition of the approval of
the easement vacation request be that updated legal descriptions be provided for those ponding areas and
that the drainage and utility easement that already exists be retained over those two ponding areas. The
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applicant’s attorney has sent a letter requesting the City not require dedication of a blanket easement over
Outlot B. He has asked that the letter be included in the packet. As mentioned above, the conditions of
approval would in effect require specific easement dedication, within the purview of the City. This issue is
discussed in more detail in the staff report related to the easement vacation request that is also on the
agenda for this meeting.
Parks and Open Space. The Rosemount Parks and Recreation Department reviewed the plans for
Emerald Isle and is recommending cash in-lieu of land to meet the park dedication requirement for the
proposed development. The requirement for 57 single family units is $193,800 (57 x $3,400). The Parks
and Recreation department is also recommended a trail along County Road 42 with the trail access
provided with development of the southern apartments. Coordination should occur with connections to
the Vermillion Highlands Greenway as well as the trail crossing just west of the development area within
the old City Hall site.
Sidewalks
Sidewalks are provided throughout the development on at least one side of all streets, which is consistent
with City policy. A sidewalk is shown on the north side of Connemara Trail and a bituminous trail will be
constructed along the south side. This is consistent with the pedestrian facilities elsewhere along
Connemara in this vicinity. Sidewalk connections are provided to the adjacent neighborhoods.
CONCLUSION & RECOMMENDATION
The Planning Commission and staff recommend approval of the Final Plat for Emerald Isle creating 57
single family lots, subject to conditions. This recommendation is based on the information submitted by
the applicant, findings made in this report, and the conditions detailed in the attached memorandums.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-10
A RESOLUTION APPROVING THE FINAL PLAT
FOR EMERALD ISLE 2nd ADDITION
WHEREAS, CNC Development IV, LLC. (Applicant) has submitted an application to the City of
Rosemount for a Final Plat concerning property legally described as follows:
Outlot B, EMERALD ISLE, according to the recorded plat thereof, Dakota County, Minnesota.
WHEREAS, on December 14th, 2020, the Planning Commission of the City of Rosemount reviewed the
Final Plat for Emerald Isle 2nd Addition; and
WHEREAS, on December 14th, 2020, the Planning Commission recommended approval of the Final Plat
for Emerald Isle 2nd Addition, subject to conditions; and
WHEREAS, on January 19th, 2021, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendation and the Final Plat for Emerald Isle 2nd Addition.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Final Plat for Emerald Isle 2nd Addition, subject to the following conditions:
1.Execution of a Subdivision Agreement.
2.Drainage and utility easements with storm sewer infrastructure may contain fences but shall
be required to include gates to provide truck access. Drainage and utility easements shall also
prohibit sheds or other accessory structures and landscaping that would impede drainage.
3.Vacation of a portion of the blanket drainage and utility easement dedicated to the City over
Outlot B in the plat of Emerald Isle 1st Addition. The areas over Outlot B needed by the
City for onsite and regional stormwater ponding and for the extension of the storm sewer to
the eastern boundary of Outlot B shall be excluded from the area of the easement that is
being vacated and shall be preserved as part of the existing drainage and utility easement.
4.Provision of $39,270 for landscaping surety.
5. Payment of $193,800 for Fee-In-Lieu of Park Dedication.
6.Compliance with the conditions and standards within the City Engineer’s Memorandum
dated December 7, 2020.
ADOPTED this 19th day of January 2021, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
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SUBDIVISION AGREEMENT
Emerald Isle 2nd Addition
AGREEMENT dated this ________ day of ________________________, 2021, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and CNC Development IV, LLC, a
Minnesota limited liability company, (the "Developer").
1.Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and
a plat of land to be known as Emerald Isle 2nd Addition, which land is legally described on ATTACHMENT
ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the “subject property”).
2.Conditions of Plat Approval. The City has approved the subdivision and the plat on the following
conditions:
a.Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
b.Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c.Payment of all applicable fees including GIS, Park Dedication and other fees identified in the
current fee schedule.
d.Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses,
conservation areas, streets and utilities.
e.Provision of $39,270 for landscaping surety.
f.Payment of $193,800 for Fee-In-Lieu of Park Dedication
g.Payment of $104,090 for developer portion of Connemara Trail.
3.Phased Development. The City may refuse to approve final plats of subsequent additions of the plat
if the Developer has breached this Agreement and the breach has not been remedied. Development of
subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the
City.
4.Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments
to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service
area, or official controls shall apply to or affect the use, development density, lot siz e, lot layout or
dedications of the approved plat unless required by state or federal law or agreed to in writing by the
City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the
full extent permitted by state law, the City may require compliance with any amendments to the City's
Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date
of this Agreement.
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5. Development Plans. The subject property shall be developed in accordance with the following plans,
specifications and contract documents, original copies of which are on file with the City Engineer. The
plans and contract documents may be prepared, subject to City approval, after entering this Agreement,
but before commencement of any work on the Subject Property. If the plans vary from the written
terms of this Agreement, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Soil Erosion Control Plan and Schedule
Plan C - Drainage and Storm Water Runoff Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Grading Plan and House Pad Elevations
Plan F - Street Lights
Plan G - Landscape Improvements
All Improvements, including Developer Improvements and City-Installed Public Infrastructure
Improvements (if any) that lie within the public right-of-way or easements and are improvements listed
in Minnesota Statutes, Section 429.021 (hereinafter Public Im provements) will be designed by the
Developer and must be approved by the City Engineer. The Developer will prepare plans and
specifications for Public Improvements which shall be approved by the City Engineer. Such approvals
shall not be unreasonably withheld and the City shall approve or provide Developer with necessary
revision comments within 30 calendar days of Developer submittal of Public Improvement plans and
specifications. The City will perform all construction inspection for the Public Improvements, at the
Developer’s expense. Construction inspection includes but is not limited to inspection,
documentation, and monitoring.
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the “Developer Improvements”:
A. Surveying and staking
B. Surface improvements (paved streets, sidewalks, trails, etc.)
C. Water main improvements
D. Sanitary sewer improvements
E. Storm sewer improvements
F. Setting of lot and block monuments
G. Gas, electric, telephone, and cable lines
H. Site grading
I. Landscaping
J. Streetlights
K. Other items as necessary to complete the development as stipulated herein or in other
agreements
7. Time of Performance. The Developer shall install all required improvements , excepting the wear
course of pavement, enumerated in Paragraph 6 that will serve the subject property by December 31,
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2021, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other
force majeure not within the Developer’s reasonable control. The pavement wear course shall be
completed by December 31, 2022. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion d ate.
8. City-Installed Public Infrastructure. The following improvements, hereinafter referred to as “City-
Installed Public Infrastructure Improvements” (known as City Project 2021-05), shall be designed,
inspected, surveyed and administered by the City, and installed in the Subject Property at Developer
expense by a Contractor selected by the City through the public bidding process:
A. None
9. [This Section Intentionally Left Blank]
10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement,
payment of the costs of all Developer Improvements, and construction of all Developer Improvements
(as noted in Paragraph 6), the Developer shall furnish the Ci ty with a cash deposit or irrevocable letter
of credit from a local bank (“security”) in the amount of Two Million, Sixty-Six Thousand, Thirty-Seven
Dollars ($2,066,037). The amount of the security was calculated as follows:
Cost 110%
Grading & Erosion Control $87,500 $96,250
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $28,500 $31,350
Landscaping (119 trees) $35,700 $39,270
Street Lighting (5 lights) $32,000 $35,200
Cost 125%
Surface Improvements $502,088 $627,610
Water Main Improvements $290,515 $363,144
Sanitary Sewer Improvements $207,437 $259,296
Storm Sewer Improvements $469,134 $586,417
Total $1,677,873 $2,066,037
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the developer
from responsibility. The letter of credit shall secure compliance with all terms of this Agreement and
all obligations of the Developer under it. The City may draw down on the letter of credit without notice
if the obligations of the Developer have not been completed as required by this Agreement. In the
event of a default under this Subdivision Agreement by the Developer, the City shall furnish the
Developer with written notice by certified mail of Developers default(s) under the terms of this
Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of
receiving notice, the City may draw on the letter of credit and take such steps as it deems necessary to
remedy the default. With City approval, the letter of credit may be reduced from time to time as financial
obligations are paid and Developer Improvements and other Developer obligations are completed to
the City’s requirements.
11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and approved
by the City Engineer. The completion of grading activities will need to be coordinated by the City in
conjunction with the installation of utilities. Developer shall furnish the City Engineer satisfactory proof
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of payment for the site grading work and shall submit a certificate of survey of the development to the
City as the site grading is completed by phase, with street and lot grades. If the installation of utilities
by the City is occurring simultaneously with the grading, the utility contractor shall have preference over
the grading activities. No substantial grading activities can be completed over installed utilities unless
otherwise protected. All improvements to the lots and the final grading shall comply with the grading
plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license
to enter the Subject Property to perform all work and inspection s deemed appropriate by the City. Such
license shall terminate as to all single-family residential lots within the subject property upon acceptance
by the City of the public infrastructure improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control p lan, Plan B, shall be implemented, inspected and approved by
the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72
hours after the completion of the work in that area. Except as otherwise provided in the erosion control
plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary
ground cover as rapidly as possible. All seeded ar eas shall be mulched and disc-anchored as necessary
for seed retention.
All basement and/or foundation excavation spoil piles shall be kept completely off City right -of-way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the p erimeter of each lot or at City-approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot opening
will be allowed on each lot for construction deliveries.
The parties recognize that time is critical in controlling erosion. If development does not comply with
the erosion control plan and schedule, or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion. This right also applies to the required
erosion control for basement and/or foundation excavation spoi l piles. The City will attempt to notify
the Developer in advance of any proposed action, but fai lure of the City to do so will not affect the
Developer’s or City’s rights or obligations hereunder. If the Developer does not reimburse the City for
any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of
credit to pay any costs. No development will be allowed , and no building permits will be issued unless
the Subject Property is in full compliance with the erosion control requirements.
14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the City
Planner.
15. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work
by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and determine
whether it is necessary to take additional measures to clean dirt and debris from the streets. Costs for
City inspection of onsite erosion and sediment control shall be at the Developer’s expense. After a 24-
hour verbal or written notice to the Developer, the City will complete or contract to complete the clean-
up at the Developer’s expense in accordance with the procedures specified in Paragraph 13. The
Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of
erosion/siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the establishment
of turf. These items are to be secured through the letter of credit as is noted in Exhibit A.
16. Ownership of Improvements. Upon completion and City acceptance of the work and construction
required by this Agreement, the Public Improvements lying within public rights -of-way and easements
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shall become City property without further notice or action unless the improvements are specifically
identified herein as private infrastructure.
17. Warranty. The Developer warrants all work required to be performed by it against poor material and
faulty workmanship for a period of two (2) years after its completion and acceptance by the City or such
longer period as is specified in plans and specifications for Public Improvements.
All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twenty-four
(24) months after planting.
Vegetation surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed
free for three (3) years after planting.
For each pond/wetland in the development, the developer shall provide to the City Engineer an
inspection report by July 31 each year which includes the following:
A. Date of inspection
B. Name of person responsible for inspection
C. Photos of the pond/wetland area confirming the vegetation is established as intended
D. Maintenance plan describing the required maintenance activities and tentative schedule.
18. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in
conjunction with the development of the Subject Property including, but not limited to, Soil and
Water Conservation District charges, legal, planning, engineering and inspection expenses
incurred in connection with approval and acceptance of the subdivision and the plat, the
preparation of this Agreement and any amendments hereto, and all costs and expenses incurred
by the City in monitoring and inspecting the development of the Subject Property.
B. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of
this Agreement, including engineering and attorney’s fees. Upon request, the City shall provide
invoices, in reasonable detail, as to any such fees. The estimated City fees of $251,595 shall be
deposited with the City at the time this Agreement is signed, and represent the following amounts:
$146,917 Engineering Fees (10% of construction estimate)
$3,000 Attorney Fees
$73,459 City Fees (5% of construction estimate)
$5,760 Street Light Energy Cost
$3,420 GIS Fees
$432 Trail Fog Seal
$18,607 Seal Coating
$251,595 Total Amount Due
If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City
within thirty (30) business days of the request. If actual City fees are lower than this estimate, any
surplus funds will be returned to the developer when the projec t fund is reconciled and closed.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Agreement within thirty (30) business days after receipt. If the bills are not paid on time, the
City may halt development work and construction including, but not limited to, the issuance of
building permits for lots that the Developer may or may not have sold, until the bills are paid in
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full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per
year.
D. The Developer shall pay all energy costs for street lights installed within the Subject Proper ty for
24-months at a cost of $30/month/light. After that, the City will assume the energy costs.
E. The Developer will pay the cost of sealcoating the public streets within the development at a cost
of $1.70/SY. The sealcoating will be completed within three (3 ) years following wear course
placement.
F. The Developer will pay the cost of fog sealing the public trails within the development at a cost
of $0.30/SF. The fog sealing will be completed within three (3) years following trail installation.
19. Indemnification. The Developer shall hold the City and its office rs, agents and employees harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
or subdivision approval and development of the Subject Property , except for any costs or expenses
arising from the intentional acts or gross negligence of the City, it’s agents, employees or contractors .
The Developer shall indemnify the City and its officers , agents and employees for all costs, damages or
expenses that the City may pay or incur in consequence of such claims, including attorney’s fees.
Notwithstanding any other provision in this Agreement to the contrary, Developer agrees that it will
not be able to submit a claim for extra work or for monetary damages (for delay or otherwise), or request
an extension of time to complete the work, for any reason arising out of or relating to: (1) the COVID-
19 pandemic; or (2) any national, state, or local declaration, resolution, or order relating to the COVID -
19 pandemic, unless such declaration, resolution or order p rohibits work on the project. The contract
completion date shall be extended for the period of the required stoppage in work but without any claim
for delay damages.
20. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained
until six months after the City has accepted the Subdivision Improvements, public liability and property
damage insurance covering personal injury, including death, and claims for property damage which may
arise out of Developer’s work or the work of its contractors or subcontractors. Liability limits shall not
be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim
and $2,000,000 for any number of claims arising out of a single occurrence, and twice said limits when
the claim arises out of the release or threatened release of a hazardous substance. The City shall be
named as an additional insured on the policy. The certificate of insurance shall provide that the City
must be given the same advance written notice of the cancellation of the insurance as is afforded to the
Developer.
21. Park and Utility Fees.
The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the
time of execution of this agreement by the City:
A. Park dedication fees in the amount of $193,800
B. Storm Sewer Trunk Area Charges in the amount of $123,323
C. Sanitary Sewer Trunk Area Charges in the amount of $19,311
D. Watermain Trunk Area Charges in the amount of $74,744 (includes $42,022 credit for oversizing
and 16” main lowering covered by the City, as calculated in ATTACHMENT TWO ).
E. Developer share of Connemara Trail improvements estimated to be in the amount of $104,090
Or other amounts for such fees as in effect at the time of plat approval.
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22. Service Charges.
The Developer understands that builders will be required to pay for the Subject Property fees, charges
and assessments in effect at the time of issuance of building permits. The rates for each of these items
will be set according to the current rate structure at the time the building permit is received. The fees,
charges, and assessments in effect as of the date of this agreement are:
A. Metropolitan Council Environmental Services Availability Charges pe r SAC unit (current rate is
$2,485).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single family
currently at $770; multi-family currently at $290 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit).
D. Water Availability Charges per SAC unit (currently at $2,425/SAC unit for single family residential
and multi-family residential).
23. Building Permits. No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued without prior authorization from the City Building
Official.
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays incurred
by the City in the construction of Public Improvements caused by the Developer, its employees,
contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the
public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City (excluding
the final wear course of bituminous), unless otherwise authorized in writing by the City Engineer.
24. Record Drawings. At project completion, Developer shall submit record drawings of all public and
private infrastructure improvements in accordance with the City’s Engineering Guidelines. No
securities will be fully released until all record drawings have been submitted and accepted by the City
Engineer.
25. Developer’s Default. In the event of default by the Developer as to any of the work to be performed
by it hereunder, the City may, at its option, perform the work and the Developer shall promptly
reimburse the City for any expense incurred by the City, provided the Developer is first given notice of
the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act,
and it shall not be necessary for the City to seek a court order for permission to enter the land. When
the City does any such work, the City may, in addition to its other remedies, draw on the letter of credit
or other security described in section 10, or levy the cost in whole or in part as a special assessment
against the Subject Property. Developer waives its rights to notice of hearing and hearing on such
assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081.
26. Miscellaneous.
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A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws and
regulations including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision , or the plat, or the
development of the Subject Property does not comply, the City may, at its option, refuse to allow
construction or development work on the Subject Property until the Developer does co mply.
Upon the City’s demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for
any reason held invalid, such decision shall not affect the validity of the remaining p ortion of this
Agreement.
E. If building permits are issued prior to the completion and acceptance of Public Improvements,
the Developer assumes all liability and costs resulting in delays in completion of Public
Improvements and damage to Public Improvements caused by the City, the Developer, its
contractors, subcontractors, material men, employees, agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City’s failure to promptly take legal
action to enforce this Agreement shall not be a waiver or release.
G. This Agreement shall run with the land and may be recorded against the title to the subject
property. The Developer shall take such steps, including execution of amendments to this
Agreement, as are necessary to effect the recording hereof. After the Developer has complete d
the work required of it under this Agreement, at the Developer’s request, the City will execute and
deliver to the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every
other right, power or remedy, express or implied, now or hereafter arising, available to the City, at
law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy.
I. The Developer may not assign this Agreement without the written permission of the City Council.
J. The Developer acknowledges that the City may issue additional requirements outside of the 2015
General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008
Engineering Guidelines as the City is in the process of updatin g these documents. The review
process may require additional time and expense due to this process, which shall be the
Developer’s responsibility. The Developer shall not be billed for the time required for the City to
update and approve their revisions to the 2015 General Specifications and Standard Details Plates
for Street and Utility Construction or the 2008 Engineering Guidelines.
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27. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered
to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following
address:
CNC Development IV, LLC
3000 County Road 42 W
Suite 202
Burnsville, MN 55337
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address:
City Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Erin Fasbender, City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _____ day of _____________________, 2020,
by William H. Droste, Mayor, and Erin Fasbender, 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
CNC DEVELOPMENT IV, LLC
BY:
William E. Ryan, its Chief Manager
STATE OF MINNESOTA )
) SS
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this ____ day of ______________________, 2020
by William E. Ryan, its Chief Manager, of CNC Development IV LLC, a Minnesota limited liability company,
on behalf of said corporation.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
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EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion
control ($3,500/acre). Note: The minimum surety amount is set at $25,000.
Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds prior
to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber
blanket following development of 75 percent of adjoining lots (estimated lump sum).
Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the development.
Landscaping – An amount equal to 110% of the cost to complete the minimum required lands caping. If
additional landscaping is planned, a surety for that cost is not required.
Street Lighting – An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to calculate
this cost).
Emerald Isle 2nd
EXHIBIT B (Page 1 of 2)
No. Item Cost 110% Calculation
1 Grading and Erosion Control 87,500$ 96,250$ $3500/ac x 25 acres. Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 28,500$ 31,350$ $500/lot x 57 lots
4 Landscaping 35,700$ 39,270$ Per City Planner (119 trees x $300)
5 Street Lights 32,000$ 35,200$ $4000/light x 8 lights
6 Surface Improvements 502,088$ 627,610$ 125% (Less Connemara Trail)
7 Water Main Improvements 290,515$ 363,144$ 125%
8 Sanitary Sewer Improvements 207,437$ 259,296$ 125%
9 Storm Sewer Improvements 469,134$ 586,417$ 125%
Total 1,677,873$ 2,066,037$
No. Item Cost
Estimated Construction Cost 1,469,173$
1 Engineering Fees 146,917$
2 Attorney Fees 3,000$
3 5% City Administrative Fees 73,459$
4 Street Light Energy Cost 5,760$
5 GIS Fees 3,420$
6 Trail Fog Seal 432$
7 Seal Coating 18,607$
Total 251,595$
No. Item Cost
1 Storm Sewer Trunk Charge 123,323$
2 Sanitary Sewer Trunk Charge 19,311$
3 Water Trunk Charge 74,744$
4
Connemara Trail 104,090$
5 Park Dedication 193,800$
Total 515,269$
$6500/acre x 17.964 acres = $116,766 minus $42,022 for water
main oversizing and lower 16" main. Attachment Two
$1.70/SY x 10945 SY
Development Fees (due before signed plat is released)
57 units x $3,400/unit
Calculation
$6865/net developable acre x 17.964 acres
$1075/acre x 17.964 acres
Estimated cost for Connemara Trail Improvements
(street/sidewalk/trail - $68,960.82, watermain w/credit for
oversizing - $35,129.60)
10% of Estimated Construction Cost
Letter of Credit for Developer Improvements (due with signed agreement)
City Fees (due with signed agreement)
Calculation
Developer's Estimate
Estimate
5% of Estimated Construction Cost
8 lights x 24 months x $30/month
$60/unit x 57 units, or $120/acre
$0.30/SF x 1440 SF
Block Lots Units Block Lot Units SQ FT Acres
1 29 29 1 1 1 12600 0.289
2 10 10 1 2 1 9380 0.215
3 12 12 1 3 1 12545.968 0.288
4 6 6 1 4 1 11453.772 0.263
1 5 1 11768.859 0.270
1 6 1 13937.19 0.320
Total 57 57 1 7 1 13937.19 0.320
1 8 1 15795.315 0.363
Total Plat Area =48.681 acres 1 9 1 14988.145 0.344
Total Park Area =0.000 acres 1 10 1 11237.5 0.258
Future Plat Area =30.718 acres 1 11 1 10385 0.238
Developable Area * =17.964 acres 1 12 1 10385 0.238
Ponding to HWL =0.000 acres 1 13 1 10385 0.238
Net Developable Area =17.964 acres 1 14 1 20889.176 0.480
1 15 1 11089.262 0.255
* Excludes future plat and park areas (all outlots) 1 16 1 10486.973 0.241
1 17 1 9738.321 0.224
1 18 1 9045 0.208
1 19 1 9045 0.208
1 20 1 9045 0.208
1 21 1 9045 0.208
1 22 1 9045 0.208
1 23 1 9045 0.208
1 24 1 9045 0.208
1 25 1 9045 0.208
1 26 1 9045 0.208
1 27 1 9045 0.208
1 28 1 9045 0.208
1 29 1 12405.139 0.285
2 1 1 12117.928 0.278
2 2 1 9380 0.215
2 3 1 9380 0.215
2 4 1 9380 0.215
2 5 1 9380 0.215
2 6 1 9380 0.215
2 7 1 9380 0.215
2 8 1 9380 0.215
2 9 1 9380 0.215
2 10 1 12670.471 0.291
3 1 1 9180 0.211
3 2 1 9180 0.211
3 3 1 9180 0.211
3 4 1 9180 0.211
3 5 1 12447.275 0.286
3 6 1 12461.546 0.286
3 7 1 9180 0.211
3 8 1 9180 0.211
3 9 1 9180 0.211
3 10 1 9180 0.211
3 11 1 9180 0.211
3 12 1 9315 0.214
4 1 1 12750.593 0.293
4 2 1 9180 0.211
4 3 1 9045 0.208
4 4 1 9180 0.211
4 5 1 9045 0.208
4 6 1 9180 0.211
Outlot A 910547 20.903
Outlot B 427524 9.815
ROW 184536 4.236
Total Boundary 2120563 48.681
Emerald Isle 2nd
EXHIBIT B (Page 2 of 2)
Totals
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ATTACHMENT ONE
Emerald Isle
Final Plat
BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTEDDENOTES DAKOTA COUNTY CAST IRON MONUMENTKNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limitedliability company, owner of the following described property:Outlot B, EMERALD ISLE, according to the recorded plat thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as EMERALD ISLE 2ND ADDITION and does herebydedicate to the public for public use the public ways and the drainage and utility easements ascreated on this plat.In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, hascaused these presents to be signed by its proper officer this day of , 20 .CNC DEVELOPMENT IV, LLCBy: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20,by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my directsupervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is acorrect representation of the boundary survey; that all mathematical data and labels are correctlydesignated on this plat; that all monuments depicted on this plat have been, or will be correctly setwithin one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all publicways are shown and labeled on this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of ,20 , by Marcus F. Hampton. County, Printed NameMy commission expires January 31, 20CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTAApproved by Planning Commission of the City of Rosemount, Minnesota this day of, 20By: ChairCITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTAThis plat of EMERALD ISLE 2ND ADDITION was approved and accepted by the City Council of the Cityof Rosemount, Minnesota at a regular meeting thereof held this day of ,20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03,Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat hasbeen reviewed and approved this day of , 20 .By: Todd B. Tollefson, Dakota County SurveyorCOUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTAWe do hereby certify that on the _____ day of __________, 20___, the Board of Commissioners ofDakota County, Minnesota, approved this plat of EMERALD ISLE 2ND ADDITION and said plat is incompliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to theDakota County Contiguous Plat Ordinance.By: ___________________________________ Attest: ___________________________________Chair, Dakota County Board Dakota County Treasurer - AuditorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on theland hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12,there are no delinquent taxes and transfer entered this day of , 20 .By: Amy A. Koethe, Director, Department Of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of EMERALD ISLE 2ND ADDITION was filed in the office of the CountyRecorder for public record on this day of , 20 ,at o'clock . M. and was duly filed in Book of Plats,Page , as Document Number .By: Amy A. Koethe, County RecorderDENOTES RESTRICTED ACCESS TO DAKOTACOUNTY PER THE DAKOTA COUNTYCONTIGUOUS PLAT ORDINANCEVICINITY MAP
BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481
BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481
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ATTACHMENT TWO
Water Main Oversizing
Item Contract Item Unit Qty Unit Price Amount
1 12" DIP CL 52 (Over size 8" to 12")LF 405 18.00$ 7,290.00$
2 12" Gave Valve & Box (Over size 8" to 12")EA 2 1,800.00$ 3,600.00$
3 16" Trunk Main Lowering (Emerald Isle 1st -
credit)LS 1 31,132.50$ 31,132.50$
TOTAL 42,022.50$
WATER MAIN OVERSIZING
Chronology of Approvals and Correspondence, Including Meeting Minutes
February 26, 2020 The Rosemount Planning Commission reviews and recommends approval
of the Planned Unit Development Master Development Plan with
Rezoning, Preliminary Plat, and Comprehensive Plan Amendment for
Emerald Isle
May 19, 2020 The City Council approves the Planned Unit Development Master
Development Plan with Rezoning, Preliminary Plat, and Comprehensive
Plan Amendment for Emerald Isle.
August 25, 2020 The Rosemount Planning Commission reviews and finds the final plat for
Emerald Isle 1st Addition consistent with the preliminary plat and
recommends approval.
September 15, 2020 Th City Council approves the final plat of Emerald Isle 1st Addition
including the dedication of a blanket drainage and utility easement over
Outlot B.
September 30, 2020 Applicant’s attorney sends letter to the City and County objecting to the
blanket drainage and utility easement over Outlot B, Emerald Isle 1st
Addition.
October 6, 2020 Applicant records plat of Emerald Isle 1st Addition dedicating a blanket
drainage and utility easement over Outlot B, Emerald Isle 1st Addition.
November 13, 2020 Applications are submitted for the final plat of Emerald Isle 2nd Addition
and vacation of the blanket drainage and utility easement.
December 11, 2020 Applicant’s attorney sends letter to the City objecting to the blanket
drainage and utility easement over Outlot B.
December 14, 2020 Rosemount Planning Commission finds the final plat for Emerald Isle 2nd
Addition consistent with the preliminary plat and recommends approval.
January 12, 2020 Applicant and applicant’s attorney send letters to the City objecting to the
blanket drainage and utility easement over Outlot B, Emerald Isle 1st
Addition.
EXCERPT FROM FEBRUARY 26, 2020 PLANNING COMMISSION MEETING MINUTES
5.b. Request by CNC Development IV, LLC., for Planned Unit Development Master Development Plan with
Rezoning, Preliminary Plat, and Comprehensive Guide Plan Amendment Approval to develop 151 single-family lots.
(20-09-PUD, 20-10-PP, 20-11-RZ, 20-12-CP))
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Kenninger inquired about the proposed land use change map and if Flint Hills has first right of refusal adjacent to the
subject property. Nemcek stated that is correct. Kenninger stated that the left over commercial, east of the site, would be
effectively abandoned.
Schmisek stated that he has a concern about losing any commercial property but thought that little piece would be cut
off. Another concern is that of the additional traffic on Connemara Trail. Schmisek inquired if there are any talks about
changing the intersection at Connemara and Akron, such as a round-about or a signal light. Lindquist stated signal lights
will be installed at Akron and County Road 42 but none are proposed at Connemara.
Reed inquired about the flow of the sidewalks on Connemara Trail. Engineer Smith stated that the trail and sidewalk
along Connemara Trail will be extended into this subdivision and that Dakota County will be installing an underpass
under County Highway 42 so that pedestrians will have a safer place to cross the highway in this area.
The public hearing opened at 6:58 pm.
Public Comments:
Kenninger inquired how the new single-family home owners will be notified that an apartment building is also planned
to be built near their new homes.
Rick Osberg, Engineer, James R. Hill, Inc., stated that they have been working with staff to get to today’s plan. The
property owners do not have an interested party to build the apartment currently. Besides the fact that the property is
guided for high density there isn’t much information to give to a potential buyer.
Rivera questioned if the stub road would be a future through road. Nemcek stated that is correct.
MOTION by Rivera to close the public hearing.
Second by Schmisek.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was closed at 7:03 pm.
Additional Comments:
Kenninger stated that her biggest concern was with changing the zoning of this area. But also agrees that this is a great
use of the land. She would like to ensure that the 151 new homeowners are aware that there will be a future apartment
building on the property next to this site. She requested that be added as a condition of approval.
Reed stated that since having the trail system continue through Connemara Trail he is in favor.
Schmisek inquired if there will be access from the development to Connemara Trail. Nemcek stated that from the
commercial there will be one access point onto Connemara Trail.
MOTION by Freeman to recommend that the City Council approve a Comprehensive Guide Plan
amendment to reguide 20 acres of the development site from MDR-Medium Density Residential to LDR-Low
Density Residential and the southeast 10 acres of the site from CC-Community Commercial to HDR-High
Density Residential.
Second by Reed.
Ayes: 5. Nays: 0. Motion Passes.
MOTION by Schmisek to recommend the City Council approve the Preliminary Plat for Emerald Isle, subject
to the following conditions:
a. Approval of a Planned Unit Development Master Development Plan with Rezoning.
b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR.
c. Conformance with all the requirements of the City Engineer as detailed in the attached memorandum
dated February 26, 2020.
d. Payment of $513,400 as cash-in-lieu of park dedication.
Second by Freeman.
Ayes: 5. Nays: 0. Motion Passes.
MOTION by Rivera to recommend approval of the Planned Unit Development Master Development Plan
with rezoning of the property for AG-Agriculture to R1 PUD-Low Density Residential Planned Unit
Development and R4 PUD-High Density Residential Planned Unit Development, subject to the following
conditions:
a. Execution of a PUD Agreement.
b. Approval of a Comprehensive Plan Amendment reguiding the site to LDR and HDR.
c. The front building elevation design shall include one of the following elements:
i. Three and a half (3.5) feet of brick or stone wainscoting, excluding doors, windows or the
wall behind the front porch;
ii. A front porch with railing that extends at least 30% of the width of the front elevation,
including the garage;
iii. A side entry garage;
iv. Or, no more than 70% lap siding, excluding doors and windows.
d. A deviation from City Code Section 11-4-5 F.1. to reduce the interior lot minimum area of 10,000 to
8,125 square feet and corner lot minimum area from 12,000 to 10,625 square feet.
e. A deviation from City Code Section 11-4-5 F.2. to reduce the minimum lot width from eighty (80)
feet to sixty-five (65) feet for interior lots and from ninety (90) feet to eighty-five (85) feet for corner
lots.
f. A deviation from City Code Section 11-4-5 F.5. to reduce the side yard setback from ten (10) feet to
seven and one half (7.5) feet except in areas where existence of larger drainage and utility easements
require additional setbacks.
g. A deviation from City Code Section 11-4-5 F.6. to reduce the rear yard setback thirty (30) feet to
twenty-five (25) feet.
h. A deviation from City Code Section 11-4-5 F.9. to increase the maximum lot coverage from thirty
percent (30%) to thirty-five percent (35%) lots more than 9,750 square feet in area.
i. Incorporation of the recommendations from the City Engineer in a review memorandum dated
February 26, 2020, relative to drainage, grading, street design, easements, utilities, and the adjacent
sidewalks.
j. A temporary cul-de-sac shall be constructed at the stub of Street D.
k. Subdivision monuments shall be subject to sign permits and normal zoning standards.
l. The applicant shall receive approval from the Metropolitan Council for any connection to the Met
Council sanitary interceptor line.
m. Payment of a landscape surety in the amount of $97,020.
n. The applicant must receive final site and building plan approval for the R-4 High Density residential
portion of the project.
o. The developer post a sign on the multi-family site indicating that the property is a future apartment
building site.
Second by Schmisek.
Ayes: 5. Nays: 0. Motion Passes.
EXCERPT FROM THE AUGUST 25, 2020, PLANNING COMMISSION MEETING MINUTES
Consent Agenda:
a. Approval of the July 28, 2020, Regular Meeting Minutes.
b. Continuance of the Request by KJ Walk, Inc. for Comprehensive Plan Amendment, Rezoning, Planned Unit
Development and Final Site and Building Plan, and Preliminary and Final Plat Approval (Simple Plat)
associated with the Rosewood Commons hotel and senior living mixed use. (20-30-PUD, 20-35-SP, 20-36-RZ,
20-37-CP)
c. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 1st Addition. (20-40-FP)
No items were pulled for discussion. Chair Kenninger confirmed that any public comment received on the KJ
Walk project at the prior meeting would be included in the packet for the subsequent meeting.
MOTION by VanderWiel
Second by Schmisek
Ayes: 7. Nays: 0.
September 30, 2020
Greta L. Bjerkness
Assistant County Attorney
Dakota County Judicial Center
1560 Highway 55
Hastings, Minnesota 55033
Kim Lindquist
Community Development Director
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
VIA EMAIL
greta.bjerkness@co.dakota.mn.us
kim.lindquist@ci.rosemount.mn.us
Re: Emerald Isle 1st Addition
Dear Ms. Bjerkness and Ms. Lindquist:
We represent CNC Development IV, LLC (“CNC”) with regard to the first addition plat of
Emerald Isle. Specifically, we are writing to object to the City of Rosemount’s (“City”)
unlawful imposition of a blanket drainage and utility easement (“DUE”) over Outlot B of that
plat. We further object to Dakota County’s (“County”) purported intention to site a stormwater
facility on a portion of Outlot B as part of Dakota County Project 42-156 without the express
written consent of the landowner and payment of fair market value for the encumbered property.
Taken together, absent consent and compensation to the landowner, we believe the actions of the
City and County constitute an unlawful taking of land without just compensation.
We understand the City required that CNC include a blanket DUE over Outlot B with the final
plat for Emerald Isle 1st Addition. We are unaware of any legal justification for the City’s
requirement, inasmuch as the City characterizes this action as a placeholder pending further
platting involving such outlot. Moreover, to my knowledge, no use of an outlot is permitted
under City regulations until such time as it is platted and permitted for an authorized use. No
application has been filed by CNC to replat Outlot B. Therefore, the required DUE is, in our
opinion, unauthorized and an unnecessary cloud on title.
Separately, we understand that the County, on approximately July 14, 2020, proposed in writing
to purchase for $55,000 temporary and permanent easements from the then owners of what is
now referred to as Emerald Isle, for the construction of the referenced stormwater facility. The
ownership of the property has since been conveyed to CNC on approximately September 8,
Greta L. Bjerkness
Kim Lindquist
September 24, 2020
Page 2
2020. Thus, CNC stands in the shoes of the former landowners to whom the County’s written
offer was made. Subsequently, the County, by letter dated September 22, 2020, withdrew its
written offer, stating its intention to pursue the necessary easements through “the platting
process.” We understand this to mean that the City and/or the County intend to compel the
conveyance of the required stormwater easements as a condition of plat approval relating to
Outlot B.
On behalf of the owners of Emerald Isle, we respectfully demand that neither the City nor the
County take any action to site a stormwater facility on CNC’s property without prior agreement
of CNC and payment of fair market value. If you wish to discuss this letter, please do not
hesitate to call me.
Sincerely,
Peter J. Coyle, for
Larkin Hoffman
Direct Dial: (952) 896-3214
Direct Fax: (952) 841-1704
Email: pcoyle@larkinhoffman.com
cc: Mary Tietjen, Esq.
4843-0462-4077, v. 1
December 11, 2020
Kim Lindquist
Community Development Director
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Mary D. Tietjen, Esq.
Kennedy & Graven, Chartered
Fifth Street Tower
150 South Fifth Street, Ste. 799
Minneapolis, MN 55402
BY EMAIL
Re: Emerald Isle 2nd Addition
Dear Ms. Lindquist and Ms. Tietjen:
We represent CNC Development IV, LLC with respect to its Emerald Isle development in the
City of Rosemount (the “City”). Previously, we wrote to the City and Dakota County with
regard to the City’s unlawful imposition of a blanket easement condition on the plat of Emerald
Isle 1st Addition, Outlot B. At the time, CNC Development objected to the City’s demand for
the easement, which has the effect of clouding title to any future sale or use of the property
without affirmative City action to remove the easement. As a consequence of the City demand,
Dakota County withdrew a then-pending offer to purchase land within the area encompassed by
Outlot B for use as a future stormwater pond, stating that the City’s imposition of an easement
over the outlot negated the need to purchase it from CNC. The action of the City, in tandem with
Dakota County, effects a taking without payment of just compensation to CNC Development.
CNC Development has now submitted its application for Emerald Isle 2nd Addition, which
proposes to remove the unlawful easement over a reconfigured Outlot B. At the City’s request,
Outlot B was sized to allow a multi-family project to be pursued at some future point in time.
We understand the City is again insisting that Outlot B be encumbered with a new blanket
easement notwithstanding no use of Outlot B is currently planned for it. We restate our
objection to this proposed condition of platting.
Minnesota law provides specific authority for the City to review and approve proposed plats to
address specific uses and requirements associated with active development. Minnesota law does
not allow the City to unilaterally impose easement conditions on property that is not being
reviewed for an active use. We understand City staff has confirmed it has no requirement in its
Kim Lindquist
Mary D. Tietjen, Esq.
December 11, 2020
Page 2
subdivision ordinance to support its easement condition, even if state law were to allow it.
Rather staff asserts it is City policy to make this demand over property which the County has
conveniently identified for use as a pond. The City’s and County’s coordinated effort to take
valuable property without payment of just compensation is improper and should be rejected
when the plat application for Emerald Isle 2nd Addition advances through the City approval
process.
Please include this letter in the record of proceedings relating to Emerald Isle. If you have
questions, please feel free to call me directly.
Sincerely,
Peter J. Coyle, for
Larkin Hoffman
Direct Dial: (952) 896-3214
Direct Fax: (952) 841-1704
Email: pcoyle@larkinhoffman.com
cc: CNC Development IV, LLC
Rosemount Mayor and City Council
4836-6369-2500, v. 1
EXCERPT FROM THE DECEMBER 14, 2020 PLANNING COMMISSION MEETING MINUTES
6.a. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 2nd Addition (20-59-FP)
Planner Nemcek gave a summary of the staff report for the Planning Commission.
Rick Osberg, James R. Hill Inc., 2999 County Road 42 West, Burnsville, stated that they contest the southern drainage
and utility easement being requested along Akron Avenue. He indicated this is not needed for the 2nd Addition currently
before the City.
Bill Ryan, CNC Development, stated that Dakota County had offered him money when they needed the additional
ponding and now, they’ve changed their mind. Mr. Ryan stated that he would like to be fairly compensated.
Staff indicated that obtaining the ponding easement is similar to obtaining other easements necessary for regional
development like obtaining easements for Autumn Path. The issue raised by the applicant has been discussed with the
City Attorney who is comfortable with the city’s request. The item will be addressed when the application and requested
vacation go before the City Council; however, staff wanted to allow the applicant an opportunity to get their concerns
on record.
MOTION by Reed to recommend that the City Council approve the Final Plat for Emerald Isle subject to the
following conditions:
1. Execution of a Subdivision Agreement.
2. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be
required to include gates to provide truck access; shall prohibit sheds or other accessory structures;
and shall prohibit landscaping that would impede drainage.
3. The final plat shall include all easements as requested by City.
4. Provision of $39,270 for landscaping surety.
5. Payment of $193,800 for Fee-In-Lieu of Park Dedication.
6. Compliance with the conditions and standards within the City Engineer’s Memorandum dated
December 7, 2020.
7. A drainage and utility easement shall be dedicated over all required regional and site ponding areas,
including the southern area of Outlot B and the pond south of Connemara Trail.
8. Final approval of the Comprehensive Plan Amendment by the Metropolitan Council.
Second by Marlow.
Ayes: 6. Nays: 0. Motion Passes.
January 12, 2021
Kim Lindquist
Community Development Director
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Mary D. Tietjen
Kennedy & Graven, Chartered
Fifth Street Tower
150 South Fifth Street, Ste. 799
Minneapolis, MN 55402
Greta Bjerkness
Assistant Dakota County Attorney
1560 Highway 55
Hastings, MN 55033
BY EMAIL
Re: Emerald Isle 2nd Addition
Dear Ms. Lindquist, Ms. Tietjen and Ms. Bjerkness:
We represent CNC Development IV, LLC with respect to its Emerald Isle development in the
City of Rosemount (the “City”). We previously wrote to the City and Dakota County with
regard to the City’s and County’s unlawful imposition of a blanket easement on the final plat of
Emerald Isle 1st Addition, Outlot B. The action of the City, in tandem with Dakota County,
effects a taking without payment of just compensation to CNC Development.
CNC Development has now submitted its application for Emerald Isle 2nd Addition, which
proposes to remove the unlawful easement over a reconfigured Outlot B. We understand the
City and County are, again, insisting that Outlot B be encumbered with a new storm water
ponding easement notwithstanding no use of Outlot B is currently planned for it as part of the
pending 2nd Addition plat. We restate our objection to this proposed condition of platting.
The City’s and County’s coordinated effort to take valuable property from CNC Development
without payment of just compensation is improper and should be rejected when the plat
application for Emerald Isle 2nd Addition advances through the City approval process. Instead,
we request the City and County support the approval of the 2nd Addition without any public
easement condition on Outlot B.
Kim Lindquist
Mary D. Tietjen, Esq.
Greta Bjerkness, Esq.
January 12, 2021
Page 2
Please include this letter in the record of proceedings relating to Emerald Isle. If you have
questions, please feel free to call me directly.
Sincerely,
Peter J. Coyle, for
Larkin Hoffman
Direct Dial: (952) 896-3214
Direct Fax: (952) 841-1704
Email: pcoyle@larkinhoffman.com
cc: CNC Development IV, LLC
Rosemount Mayor and City Council
4836-6369-2500, v. 3
Kennedy Mary D. Tietjen
150 South Fifth Street, Suite 700
Minneapolis MN 55402
&
Graven (612) 337-9277 telephone
(612) 337-9310 fax
mtietjen@kennedy-graven.com
http://www.kennedy-graven.com
C H A R T E R E D
MEMORANDUM
To: Rosemount Mayor and City Council
From: Mary Tietjen, city attorney
Re: Emerald Isle 2nd Addition
Date: January 14, 2021
I have reviewed the letters submitted by Peter Coyle, attorney for CNC Development IV, LLC,
objecting to certain conditions of the final plat approval for Emerald Isle 2nd Addition. Mr. Coyle also
sent a letter dated September 30, 2020, to staff and myself objecting to the dedication of the blanket
drainage and utility easement over Outlot B of the Emerald Isle 1st Addition plat. These objections
were presented, notwithstanding the fact that the plat has since been filed with the County and the
easement is currently in place.
As is clear from the agenda for the meeting on January 19th, 2021, City staff is recommending the
Council grant CNC’s request to vacate the blanket easement, but preserve those areas that will be
needed for all (project and regional) stormwater ponding purposes within the approved Master
Development Plan area. Vacation of the blanket area addresses CNC’s concerns that the easement
created a “cloud on title”. The City’s (and County’s) anticipated uses of the preserved dedicated areas
are not only consistent with the purpose and scope of a drainage and utility easement, but are tied to
the stormwater drainage and ponding needs within the approved Master Development Plan area, and
are thus within the City’s statutory authority to require dedication of such areas. In addition, it is
expected that the Developer will be utilizing the proposed dedicated drainage and utility easement for
an infiltration pond as part of future phases of development. The Developer’s objection that the plat
condition for preserving the dedication of the drainage and utility easement for ponding purposes is
premature, appears inconsistent with the Developer’s request for extension of the storm sewer to
accommodate future development needs.
BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTEDDENOTES DAKOTA COUNTY CAST IRON MONUMENTKNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limitedliability company, owner of the following described property:Outlot B, EMERALD ISLE, according to the recorded plat thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as EMERALD ISLE 2ND ADDITION and does herebydedicate to the public for public use the public ways and the drainage and utility easements ascreated on this plat.In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, hascaused these presents to be signed by its proper officer this day of , 20 .CNC DEVELOPMENT IV, LLCBy: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20,by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my directsupervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is acorrect representation of the boundary survey; that all mathematical data and labels are correctlydesignated on this plat; that all monuments depicted on this plat have been, or will be correctly setwithin one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all publicways are shown and labeled on this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of ,20 , by Marcus F. Hampton. County, Printed NameMy commission expires January 31, 20CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTAApproved by Planning Commission of the City of Rosemount, Minnesota this day of, 20By: ChairCITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTAThis plat of EMERALD ISLE 2ND ADDITION was approved and accepted by the City Council of the Cityof Rosemount, Minnesota at a regular meeting thereof held this day of ,20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03,Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat hasbeen reviewed and approved this day of , 20 .By: Todd B. Tollefson, Dakota County SurveyorCOUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTAWe do hereby certify that on the _____ day of __________, 20___, the Board of Commissioners ofDakota County, Minnesota, approved this plat of EMERALD ISLE 2ND ADDITION and said plat is incompliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to theDakota County Contiguous Plat Ordinance.By: ___________________________________ Attest: ___________________________________Chair, Dakota County Board Dakota County Treasurer - AuditorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on theland hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12,there are no delinquent taxes and transfer entered this day of , 20 .By: Amy A. Koethe, Director, Department Of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of EMERALD ISLE 2ND ADDITION was filed in the office of the CountyRecorder for public record on this day of , 20 ,at o'clock . M. and was duly filed in Book of Plats,Page , as Document Number .By: Amy A. Koethe, County RecorderDENOTES RESTRICTED ACCESS TO DAKOTACOUNTY PER THE DAKOTA COUNTYCONTIGUOUS PLAT ORDINANCEVICINITY MAP
BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481
BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT B, EMERALD ISLE WHICH IS ASSUMEDTO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481
MEMORANDU M
To: Kim Lindquist, Community Development Director
Kyle Klatt, Senior Planner
Anthony Nemcek, Planner
From: Dan Schultz, Parks and Recreation Director
Date: February 18, 2020
Subject: Emerald Isle - CNC Development Master PUD and Preliminary Plat
The Parks and Recreation Department recently reviewed the plans for the Emerald Isle
development. After reviewing the plans, the Parks and Recreation Department staff has the
following comments:
Local Trails and Sidewalks
The trail and sidewalk amenities appear to be designed in a manner that works toward the City’s goal
of having a well-connected community. The proposed trail and sidewalk system is designed to match
up to the existing/proposed system. Staff does recommend that accommodations are made for a
trail to be added along County Road 42 in the future.
Parks Dedication
The parks dedication requirement for 151 single family units is either 6.04 acres of land, cash in-lieu
of land or a combination of the two. Staff is recommending that the City collect cash in-lieu of land
for the single-family development that is currently being processed. The cash dedication for 151
units would be $513,400 (151 x $3,400 per unit).
Please let me know if you have any questions about this memo.
MEMORANDUM
To: Anthony Nemcek, Planner
CC: Kim Lindquist, Community Development Director
Stacy Bodsberg, Planning & Personnel Secretary
From: Brian Erickson, Director of Public Works/City Engineer
Date: December 7, 2020
Subject: Emerald Isle 2nd Addition - Engineering Review
SUBMITTAL:
The plans for Emerald Isle 2nd have been prepared by James R. Hill, Inc. Engineering review
comments were generated from the following preliminary documents included in the submittal:
▫ Final Plat (undated)
▫ Existing Conditions Survey (dated
1/13/2020)
▫ Erosion and Sediment Control Plan
(dated 11/20/2020)
▫ Grading Plan (dated 11/20/2020)
▫ Street and Utility Plan (dated
11/20/2020)
▫ Preliminary Landscape Plan
(undated)
GENERAL COMMENTS:
1. The development fees below are estimated based on the current Schedule of Rates and
Fees. These fees are due with the final plat and subdivision agreement.
Sanitary Sewer Trunk Charge: $1075/acre
Watermain Trunk Charge: $6500/acre
Storm Sewer Trunk Charge: $6865/acre
2. Plans shall be signed by an engineer licensed in the state of Minnesota.
3. Easements shall be dedicated over the site and regional ponding area in the southern
portion of Outlot B.
4. See attached WSB memo from Tim Hanson dated December 2, 2020 for engineering
plan comments.
5. See attached WSB memo from Bill Alms/Laura Cummings dated December 3, 2020 for
stormwater comments.
Should you have any questions or comments regarding the items listed above, please contact me
at 651-322-2015.
Attached: WSB Memorandum RE: Emerald Isle – Courteau Property Plan Review dated
February 18, 2020