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., 4 ROSEMcuNTAGENDA City Council Regular Meeting , December 18, 07 , CITY COUNCIL x 7:30 p.m. _ f ,p) City Council Chambers, City Hall 1. Call to Omer/Pledge of Allegiance 2. Response. Additions orto CorrectionsPublicComment ' , to Agenda 3. Public Comment t " o 4 6. DEPARTMENTAL REPORTS/BUSINESS 6. CONSENT AGENDA a. Minutes of the November 7,2007 City Council Special Meeting Proceedings b. Minutes of the November 7,2007 Special Work Session Proceedings �, c. Minutes of the December 3,2007 City Council Proceedings d. Minutes of the December 4,2007 City Council Proceedings e. Bills Listing f. Expenditure Approval from the Donation Account-Parks&Recreation Dept, g. Budget Amendments h. Resolution-Deputy Registrar I. 2008 Liquor License Renewal j. Second Reading and Adoption:Liquor Ordinance Update k. On Public Premise Liquor Licenses I. Firefighter Relief Association Benefits Adjustment m. 2008 Schedule of Rates and Fees n. 2008 Solid Waste Haulers Licenses o. Tree City USA Recertification p. #418 Receive Feasibility Report/Set Public Hearing-2008 Street improvements Project,City/Project q. Cost Share Agreement-Prestwick Place,City Project#409 r. Final Payment#8-JJT Business Park Street and Utility improvements,City Project 482 s. Final Payment#8-Crosscroft 3rd Street and Utility improvements,City Project 0483 t. Payment#13&Final-Old County Road 38/132nd Court West Street and:Utility City Project#387 u. Resolution of Approval for CDBG Application v. Vesterra,LLC and Stone;LLC Mineral Extraction Permit Renewals,07.43-ME w. Shafer Contracting Mineral Extraction Permit Renewal,Case 07-42-ME x. Evermoor Croescroft and Addition Major Planned Unit Development Amendment(D.R.Horton, Inc.),Case 07-38-AMD y. Lennar Corporation Glendalough Minor Planned Unit Development(PUD)Amendment,Case 07-44-AMD- 7. PUBLIC HEARINGS 8. OLD BUSINESS 9. NEW BUSINESS a. Approval of an Ordinance Amending Title 9 of the City Code,Adding Chapter 8 Relating to Rental Licensing and inspection b. Receive Feasibility Report/Authorize Plans&Spec's-Akron Avenue Trunk Utility and Railroad improvements,City Project#417 c. .First Reading of an Ordinance Amendment to the FTTH Cable Franchise d. Frontier Wireless Agreement 10. ANNOUNCEMENTS 11. ADJOURNMENT ROSEMOT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: December 18, 2007 AGENDA ITEM: Second Reading and Adoption: Liquor AGENDA SECTION: Ordinance Update Consent PREPARED BY: Amy Domeier, City Clerk Kim Lindquist, Community Development AGENDA NO. to. . Director V ATTACHMENTS: Draft Ordinance APPROVED BY: gv RECOMMENDED ACTION: Motion to Adopt an Ordinance Amending Title 3, ghapter 1 Liquor Regulations to Include Outdoor Patios and Decks. ISSUE The Freedom to Breathe ("1♦7'B")provisions were signed into law by Governor Tim Pawlenty on May 17, 2007. The provisions were put into place to protect employees and the public from the health hazards of second hand smoke. Effective October 1,2007, the law is silent regarding outdoor areas,meaning that the law does not prohibit smoking in outdoor areas regardless of the distance from building openings. Property owners may choose to create restrictions concerning smoking areas outside their establishments on their property.Additionally,local governments can provide regulations either for guidance or to be more restrictive than State law relating to the outdoor areas. With the change in the smoking regulations,it is anticipated that liquor license holders will inquire about adding a patio or deck to their premises. Depending upon which zoning district the establishment is located in,an outdoor patio or deck is either an accessory or conditional use. If considered a conditional use,the Planning Commission and City Council will need to formally approve the change. The serving of alcohol or allowing it to be consumed outside the premises is another issue. Itis possible under Minnesota law but the license holder must apply for an amendment to their on-sale liquor license and the new area must describe exactly where alcohol will be consumed and/or served. If the City approves an amended liquor license,it must be filed with the Minnesota Department of Public Safety's Alcohol and Gambling division. The only liquor establishments in Rosemount that have patios are Superstar's Gridiron Grille and Rudy's Redeye Grill. Should any license holder request an amendment,the fee for the amendment is$175.00. Staff would also determine whether the patio or deck is considered a special use and if a conditional use permit will be required. BACKGROUND The City Council held a work session on September 12,2007 to discuss including specific conditions into the liquor ordinance for establishments adding patios or decks. The City Council reviewed the conditions that were part of Superstar's Gridiron Grille and Rudy's Redeye Grill patios. The City Council was in agreement that it was good to add the patio regulations to the ordinance. However, the majority did not wish to change the distance that smoking could occur from a building. Discussion also ensued regarding bars on patios. The City Council considered adding bars on patios on a case by case basis. The City Council also discussed safety issues if a patio or deck was located near a parking lot. It was decided that the only access to the patio would be through the inside atbuilding.aeA s sidewalk f raciuf buffer zone would also be located between the parking lot and the patio fencing. ng would be part of the zoning code. Staffs intent was to have the same or similar requirements in the nd restrictionsode o that at moving forward. .amendment application the applicant would be fully aware of the conditions applicants will need to be mindful of the concerns from adjacent property owners and residents about noise levels which may be caused from having alcohol served outside. The conditions for outside patio or deck areas would be reviewed on a case by case basis.The Planning Commission and City Council would decide the maximum size of the area and whether or not a bar would be included. Additional conditions could be imposed by the City Council and any conditions set forth would be reviewed during the yearly renewal period. SUMMARY The First Reading of the Liquor Ordinance Update was held on December 4,2007. The City Council did not have any comments or questions about the proposed ordinance. Since the first reading no comments have been received from the local liquor establishments. Staff is recommending approval of the above-stated motion. • CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 LIQUOR REGULATIONS TO INCLUDE OUTDOOR PATIOS AND DECKS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. The Rosemount City Code Title 3, Chapter 1 is hereby amended by adding Section 3-1-16 as follows: 3-1-16: OUTDOOR PATIOS AND DECKS: A. Outdoor Patios and Decks. Service and consumption of alcohol in outdoor patios and decks in conjunction with an intoxicating liquor"on-sale"license,an "on-sale" wine license, a special club license, a special license for Sunday sales or a 3.2 percent malt liquor license may be permitted by the City Council under the following conditions: 1. The patio or deck area must be compact and contiguous to the licensed premises and shall be enclosed with a wrought iron railing that meets standards set forth in the City Code and final inspection by the Chief Building Official. 2. Appropriate receptacles for rubbish,garbage, cigarette paraphernalia, etc. must be provided. 3. Lighting must be sufficient to promote public safety, directed downward, and compatible with the surrounding area. 4. A buffer zone should be provided between the patio or deck area and adjacent parking lot. The area surrounding a patio or deck area must be fenced so as to not allow entrance from outside the fenced area onto the patio or deck area. 5. Smoking may be allowed on the patio or deck area provided it is in compliance with the Minnesota "Freedom to Breath Act of 2007". 6. Music, televisions, bands, amplified sound or any activity that would disturb the peace of the surrounding area is prohibited on the outdoor patio or deck area. 7. The patio or deck area shall be controlled and monitored continuously during the hours of operation and unruly patrons shall be removed immediately. 8. The hours and days of sale of alcoholic beverages shall be in accordance with the City Code. 9. Patrons shall not leave the premises with a drink nor can drinks be taken onto a public sidewalk. o all 10. The ame ndment to the licensee's licenses for the outdoor patio suspend deck c or decarea shne be approved on a provisional basis. The Council may revoke, p remises on to renew the license for the patio or decke area portion of the conditions outlined in then eolution or the grounds of failure to comply with th undue annoyance or burden on nearby residents. 11. The outdoor patio or deck area must be included in the required liquor liability insurance for the premises. 12. The City Council may impose any additional cond tiontu it deemsini n cp saxy in the interest of the public health, safety and welfare any renewal of the license for a patio or deck. The cye arly d dons pset forth owing the patio or deck shall be reviewed during d. Secs This Ordinance shall be in effect following its passage and publication. Adopted this 18th day of December,2007,by the City Council of the City of Rosemount. William H.Droste,Mayor ATTEST: Amy Domeier,City Clerk 2007. Published in the Rosemount Town Pages this day of 4ROSEMOUNT ADMINISTRATION MEMORANDUM To: Mayor and Council Members From: Jamie Verbrugge, City Administrator Date: December 20, 2007 Subject: Council Agenda Updates 1. ADDITONAL INFORMATION: NEW BUSINESS Item 9.d. Frontier Wireless Agreement. Draft Attachment Agreement. Message Page 1 of 2 Verbrugge,Jamie From: Vose, Robert J. [►vose@Kennedy Graven.com] Sent: Tuesday, December 18, 2007 4:32 PM To: Verbrugge,Jamie; Foster,Emmy; LeFevere, Charlie L.; Boegeman, Patricia E.; Brotzler,Andy Cc: Wisset, Barry; Quinn, Maggie Subject: FW:Attachment Agreement Importance: High Attachments: Rosemount Attachment agreement v2 redline 12-18-07mmw.DOC Jamie et al: Attached is the redlined document I've just received from Frontier. I am copying Frontier here so we're on the same page regarding Council approval. The changes appear to track with my conversation with Frontier yesterday. But I'm leaving for a meeting near Rochester and was only given a short time to review the document. The agreement contains technical specifications attached as Ex. A. They are being provided for the first time and Andy will need time to review them. Also, Ex. B needs to graphically depict, generally, the area covered by the agreement. This exhibit can be replaced later with a more specific schematic when the system is engineered, but we need a general description now. So Frontier still needs to prepare and provide an Ex. B for inclusion with this agreement. Moreover, the Council needs to consider Frontier's desire to delete the Most Favored Nations clause (Sec. 4.2). It was my understanding that the Council unanimously directed that such a provision be included and Frontier's reps did not resist that suggestion at the worksession. Further Council direction on this issue would be appropriate. Thus, there is not a final agreement ready for adoption tonight. I understand that, absent final approval, Frontier would like conditional approval— conditioned upon fulfillment of the reviews and other requirements noted above. I trust that Charlie and Jamie will work through that with Council. Note my cell phone #below if there are questions. Thank you Bob Vose Kennedy & Graven 470 US Bank Plaza 200 S. 6th Street Minneapolis, MN 55402 (p) 612.337.9275 (f)612.337.9310 (c) 612.481.3210 Original Message From: Quinn, Maggie [mailto:Maggie.Quinn@frontiercorp.com] Sent:Tuesday, December 18, 2007 3:39 PM To: Vose, Robert 3. Cc: Wisset, Barry; Flynn, Michael (MN) Subject: Attachment Agreement Importance: High Bob: Please accept all changes and then send back to me for distribution prior to tonight's meeting... Or, if you'd like to distribute to the council via mail please advise... Thanks, 12/18/2007 Message page 2 of 2 . Maggie «Rosemount Attachment agreement v2 redline 12-18-07mmw.DOC>> Maggie Quinn Corporate Director, Wireless Services Frontier Mobile 518-773-6132 Office 518-338-5830 Cellular 518-775-4897 RightFax 12/18/2007 ATTACHMENT AGREEMENT THIS ATTACHMENT AGREEMENT (the "Agreement") is dated as of December _, 2007, and entered into by and between the CITY OF ROSEMOUNT, MINNESOTA(the"City"), and FRONTIER COMMUNICATIONS OF AMERICA,INC. ("Frontier"). RECITALS A. The City has the right and power to allow attachment, installation, operation, and maintenance of wireless digital communications radios on City-owned facilities located in the Public Right of Way within the limits of the City under specified terms and conditions. B. Frontier wishes to attach,install,operate,and maintain a wireless digital communications network on City-owned facilities located in the Public Right of Way for purposes of operating a wireless digital communications network(the"Network"). AGREEMENT NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree to the following covenants,terms,and conditions: 1. DEFINITIONS. The following definitions shall apply generally to the provisions of this Agreement: 1.1 :Agency"means any governmental or quasi-governmental agency other than the City,..-,._,:-{,Deleted:ii_ including the FCC and the PUC(as such terms rms are defined in§§ 1,6 and 1)0 below). niated beri g.rrt 1.2 "Agreement"means this nonexclusive Attachment Agreement. ?Formatted:Bullets and Numbering "?Deleted:4 1.3, "City"means the City of Rosemount. ,,,:::(Deleted:s Deleted:2 • 1.4, "City Facility"or"City Facilities"means City-owned street light Toles,lighting fixtures, -- Deleted:3 or electroliers located within the Public Right of Way. 1.5, "Effective Date" means the date on which this Agreement is approved by the City -_ --i Deleted:3 Council of the City of Rosemount. , 1.6, "FCC"means the Federal Communications Commission. :Deleted:4 1,7 "Fee" means any assessment, license, charge, fee, imposition, tax utility users' tax or franchise fees), or levy of general application to Persons doing bus negss inDeletes:s the City lawfully imposed by any governmental body. - 1 - 6. 11.8. "Frontier" means Frontier Communications of America, Inc. a corporation duly Deleted:6 i organized and existing under the laws of the State of Delaware, and its lawful successors, assigns,and transferees. 11.9, "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, ---s.Deleted:7 judicial decisions,rules,tariffs, administrative orders, certificates, orders,or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Agreement,in effect either at the time of execution of this Agreement or at any time during the presence of Radios in the Public Right of Way. ,{Deleted:8 ; • 1.10, "PUC"means the Minnesota Public Utilities Commission peleted:i.9 . "Agnes means i this nonexclusive Attachment Agreement • /I.11 "Person" means an individual, a corporation, a limited liability company, a general or ---'Deleted:a limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. , uglification,restriction, Deleted:i • 11.12,a "Provision"means any agreement, clause,condition,covenant, q reservation, term or other stipulation in this Agreement that�finesAgreement.or e wiseP controls ions, i Deleted:or Agreementted establishes, or limits the performance required py any party to whether covenants or conditions,shall be deemed to be both covenants and conditions. _ ,•i Deleted:2 1.13, "Public Right of Way'means,in accordance with Minnesota tea,Se bicycle lane,ction I Subd.3,the area on,below,or above a public roadway,highway, other dedicated and public sidewalk in which the local government unit has an interest,including rights-of-way for travel purposes and utility easements of local government units. A public cellular or right-of-way does not include the airwaves above a public right-of-way with regard other nonwire telecommunications or broadcast service. I 1.14 "Radio Month"means a calendar month during which a Radio occupies space on a City ,- - Deleted:3 Facility,even if such occupancy is less than the entire month. 1.14 "Radio" means the radio equipment, whether referred to singly or collectively, to be - Deleted:a I installed and operated by Frontier hereunder, including the design specifications, attachment specifications and color of such radio equipment, all as more particularly described in Exhibit A attached hereto. i Deleted: ti 11.15, "Services" means the wireless tservices provided by Frontier through its Radios to its wDeleted:vdats Yj..s:ras,}*fFixX Fj., J subscribers. 2. TERM. te The term of this Agreement shall after the Effectivee Effective ss Date,unless it isand e shall arlierterminated by either which completes five L5�yearsnt party in accordance with the provisions herein. The term of this each one the same terms and Deleted: shall be renewed I automatically for two (_2_)(_2_) successive terms of Iwo (_2_,...)(_2_,...) years -2- conditions as set forth herein, unless either Frontier or the City notifies the other party of its 1 intention not to renew no,less than thirty (30) calendar days prior to commencement of the _---i Deleted:t relevant renewal term. Notwithstanding anything to the contrary herein, the Agreement shall automatically terminate, with the same effect as if the term had expired, if Frontier fails to deploy its network and commence offering the Services to subscribers within the City within twelve L12J months from the Effective Date. 3. SCOPE OF AGREEMENT. Any and all rights expressly granted to Frontier under this Agreement,which shall be exercised at Frontier's sole cost and expense,shall be subject to the right of the City under applicable Laws to use any and all parts of the Public Right of Way exclusively or concurrently with any other Person or Persons and shall be further subject to all deeds, easements, dedications, conditions, covenants,restrictions, encumbrances, and claims of title which may affect the Public Right of Way. Nothing in this Agreement shall be deemed to grant, convey, create, or vest in Frontier a perpetual real property interest in land,including any fee,leasehold interest,or easement. 3.1 Attachment to City Facilities. Subject to the terms of § 3.4.1 below, the City hereby authorizes Frontier to attach, install, operate, maintain, service, remove, reattach, reinstall, Irelocate, and replace Radios on City Facilities located in portions of the City, as more fully ;Deleted:commercially developed described in�xhibit B attached hereto,for the oses of rovidin Services to Persons located -." "! `"`5 ' .'-.---- .""'P ; Deleted:Exhibit within or without the limits of the City. 3.2 Attachment to Third-Party Property. Frontier may attach, install, operate, maintain, service,remove,reattach,reinstall,relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies,or other property owner(s)located within the Public Right of Way as may be pemutted by the public utility company or property owner(s), subject to applicable Laws and receipt of City permits as may be required therein. 3.3 No Interference. If,during the term of this Agreement,Frontier's use of City Facilities or the operation of Frontier's Radios interfere with the operation of the equipment of the City or any other third party installations on City.Facilities in place on the date hereof,the City will inform Frontier and Frontier shall promptly take any actions necessary to cause such interference to cease (including, but not limited to, removal or relocation of such interfering Radios). A provision imposing equivalent obligations on all subsequent attachers shall be included in all future agreements that provide a Person with access or use of City Facilities. 3.4 Compliance with Laws. Frontier shall comply with all applicable Laws in the exercise ;Deleted:a and performance of'its rights and obligations under the Agreement. ',i Deleted:a particular '?Deleted:Facility ff {' 3.4.1 Permitting of Attachments. Frontier agrees to apply for and obtain a permit prior to , Deleted:Upon receipt of a request to attaching Radios to cityy'acilities or commencing any work or construction in the Public Right"' I Fattachaciiitya thccitysahall � �ittlYle of Way, as authorized hereby. Such permit shall cover all initial attachments of Radios availability of space on and capacity of consistent with the specifications of Exhibit A in the portion of the City identified in ExhibitO, a � 80 Yrtnitra ole and all adds,moves and changes consistent therewith,as well as the maintenance of such Radios. judgment,refine to permit use of a City Any,pontemPlated use of equipment not consistent with Exhibit A, or attachment to Cit Facility for a Radio attachment.Apernit _ shall authorize the initial attachment of a Facilities outside of the portion of the City identified in ExhibitB, shall require separate City Radio. Deleted:subsequent modification rj -3 - approval. Frontier shall request such approval at least fifteen (15) calendar days prior to the requested beginning of such modifications,and shall provide a brief description of the nature and scope of the modification. No such request shall be required in emergency situations. 3.4.2 As-Built Drawings. Upon the completion of construction of the Network, Frontier promptly shall furnish to the City, in hard copy and in Frontier's electronic format, suitable documentation showing the exact location of the Radios on City Facilities. The locations of the Radios and the configuration of the Network shall be deemed trade secret information and shall not be disclosed by the City to any Person without the prior written consent of Frontier, to the extent provided in Minnesota Statutes,Section 13.37. 3.4.3 Power.Frontier and the City shall mutually agree on the reasonable amount to be paid by Frontier to the Municipality for power consumption of the Network based on a 24 x 7 estimated average draw. Frontier will be responsible for providing,at Frontier's sole expense,any filtering or regulation devices to correct any interference or potential electrical surges. The parties will use their best efforts to avoid any unnecessary interruptions and,where required,will work with each other to plan and coordinate necessary service and utility interruptions so as to minimize disruptions to Frontier's Radios and the City's facilities. 3.5 Annual Business License. Frontier agrees to obtain an annual City business license prior to the Effective Date and maintain the same throughout the term of this Agreement. 4. FEES AND TAXES. Frontier shall be solely responsible for the payment of all lawful Fees and utility charges in connection with the exercise of Frontier's rights under this Agreement,including those set forth below. 4.1 Annual Fee.Frontier shall pay to the City an annual fee(the"Annual Fee")in the amount of fifteen Dollars ($15.00) for the use of each City Facility upon which a Radio has been installed pursuant to this Agreement. The initial Annual Fee shall be due and payable not later than the date of installation of the first Radio on a City Facility under this Agreement (the "Installation Date") and shall be computed based upon the number of Radios Frontier estimates as of the Installation Date that it will install on City Facilities during the succeeding twelve(12) months. The Annual Fee for subsequent years shall be due and payable not later than thirty(30) days following each anniversary of the Installation Date and shall equal the total number of Radios then installed on City Facilities pursuant to this Agreement multiplied by the Annual Fee, adjusted for the Prior Year Adjustment, as described immediately below. The Prior Year adjustment shall either increase or decrease a subsequent year's aggregate Annual Fee to account for the installation or removal of Radios duringtheprioryear, and shall equal the difference eted:M Favored q ProviDelsion. In thost e eventFronti Nationser enters between(i)the total number of Radios used to calculate the prior year's aggregate Annual Fee into an agreement with any municipality multiplied bytwelve (12) and (ii)the actual number of Radio Months which occurred durin; ' inMir"esota after the EffectiveDate of p this Agreement regarding the use of such year,multiplied by one-twelfth of the Annual Fee. municipal property for the provision of Service,Frontier shall promptly provide a copy of such agreement to the City. The 4.2 Intentionally Omitted, City shall be entitled to any additional compensation or consideration provided 5.REMOVAL AND RELOCATION OF RADIOS by any such agreement,and the parties shall conform this Agreement accordingly. -4- t Frontier understands and acknowledges that City may require Frontier to relocate one or more of its Radios,and Frontier shall at City's direction relocate such Radios at Frontier's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) to facilitate or accommodate the construction, reconstruction, completion,repair, replacement, relocation, removal or maintenance of a City Facility, a City project, or for the under grounding of utility lines; (b)because the Radio is interfering with or adversely affecting proper operation of City Facilities or any other use of a City Facility; (c)to protect or preserve the public health, safety, or welfare; or (d) because of any unforeseen emergency,at the determination of the City Engineer.If Frontier shall fail to relocate any Radios as requested by the City in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Frontier's sole cost and expense,without further notice to Frontier. 5.1 Frontier Desires Relocation.In the event Frontier desires to relocate any Radios from one City Facility to another City Facility,Frontier shall so advise City. City will use its best efforts to accommodate Frontier by making another City Facility available for use subject to the terms and conditions of this Agreement. 5.2 Discontinuation of Service. In the event that any Radio subject to this Agreement is abandoned and no longer placed in service for a period of six (6) months or more, Frontier promptly shall notify the City, and the City, at its option, may require Frontier promptly to remove the abandoned Radio(s) at Frontier's sole cost and expense or dedicate the same to the City. The City shall not issue notice to Frontier that the City intends to exercise the option to require removal or dedication of Radios, unless and until the City first gives thirty (30) days' prior written notice to Frontier to remove the Radios. If Frontier shall fail to remove the Radios as required by the City,the City shall be entitled to remove the Radios at Frontier's sole cost and expense. Frontier shall execute such documents of title as will convey all right,title, and interest in the abandoned Radios,but in no other Frontier property,intellectual or otherwise,to the City. 5.3 Damage to City Facilities or Right-of-Way. Whenever the removal or relocation of Radios is required under this Agreement, and such removal or relocation shall cause a City Facility of the Public Right of Way to be damaged,Frontier, at its sole cost and expense, shall promptly repair and return the City Facility or Public Right of Way to a safe and satisfactory condition that is reasonably comparable to original condition, to the satisfaction of the City's Director of Public Works.If Frontier does not repair the site as just described,then the City shall have the option,upon fifteen(15)days'prior written notice to Frontier,to perform or cause to be performed such reasonable and necessary work on behalf of Frontier and to charge Frontier for the,Actual costs incurred by the City and City's standard rates.Upon the receipt of a demand for Deleted: the payment by the City,Frontier shall reimburse the City for such costs. 6 INDEMNIFICATION,INSURANCE,WAIVER,AND BOND. 6.1 Frontier agrees to indemnify,defend(with counsel reasonably acceptable to the City and to Frontier's insurance carrier), protect, and hold harmless the City, its council members, officers,employees,agents and contractors from and against any and all claims,demands,losses, damages,liabilities,fines,charges,penalties, administrative and judicial proceedings and orders, judgments,remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith,including reasonable attorney's fees and costs of -5 - defense(collectively,the"Losses") arising,directly or indirectly,in whole or in part, out of the activities or facilities described in this Agreement,except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents,or contractors. 6.2 Frontier shall obtain and maintain insurance in the following minimum amounts: for liability due to property damage, not less than $1,000,000 per occurrence and $2,000,000 aggregate and for liability due to injury or death of persons,not less than$1,000,000 as to any Ione person and$2,000,000 as to any one occurrence. Such policy shall include the pity as an `Deleted:an endorsemetd g r additional insured. jJpon written request,Frontier shall submit a certificate of insurance to City --<; Deleted:Prior to the Effective Date in at least the amounts specified above and such certificate shall ensure that the policy may not be cancelled or changed without at least thirty(30)days advanced written notice to City. 6.3 Waiver of Breach. The waiver by the City of any breach or violation of any Provision of this Agreement by Frontier shall not be deemed to be a waiver or a continuing waiver by the City of any subsequent breach or violation of the same or any other Provision of this Agreement by Frontier. 6.4 Waiver of Claims. Frontier waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of a sudden or gradual loss or change of electrical power caused by,among others events,an Act of God,an event or occurrence which is beyond the reasonable control of the City, a power outage, a lightning strike, or occasioned by the installation,maintenance,replacement,or relocation of any City Facility to which such Radio is attached, or occasioned by any damage to or destruction of any City Facility to which such Radio is attached. 6.5 Limitation of Liability. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING,BUT NOT LIMITED TO,LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, OR CLAIMS (WHETHER ARISING OUT OF TRANSMISSION INTERRUPTIONS OR PROBLEMS, ANY INTERRUPTION OR DEGRADATION OF SERVICE OR OTHERWISE), WHETHER FORESEEABLE OR NOT, ARISING OUT OF,OR IN CONNECTION WITH THE LIABLE PARTY'S PERFORMANCE OR NON-PERFORMANCE OF ITS RESPECTIVE OBLIGATIONS OR BREACH OF ANY PROVISIONS OF THIS AGREEMENT OR ANY OTHER CAUSE OR NATURE WHATSOEVER WHETHER OCCASIONED BY ANY DESIGN, ENGINEERING, CONSTRUCTION, RECONSTRUCTION, RELOCATION, REPAIR OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY, SUCH LIABLE PARTY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND ALL CLAIMS WITH RESPECT TO SUCH SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARE HEREBY SPECIFICALLY WAIVED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FRONTIER TO THE CITY IN CONNECTION WITH,.THIS AGREEMENT, REGARDLESS OF THE FORM OF CLAIM OR ACTION,. EXCEED THE GREATER OF (I)THE AMOUNTS PAID TO FRONTIER BY THE CITY,IF -6- THE CITY ELECTS TO..._ACQUIRE_SERVICES OR.._(Ill-.FIFTY_THOUSAND DOLLARS ($50 000.00). THE LIMITATION OF LIABILITY SET FORTH IN THE PREVIOUS SENTENCE SHALL NOT APPLY IN THE EVENT OF PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF FRONTIER. 7. NOTICES. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a)through the United States mail,by registered or certified mail, postage prepaid; (b)by means of prepaid overnight delivery service; or (c) by facsimile transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described,addressed as follows: if to the City: if to Frontier:, Deleted:l Melinda M.White do Citizens Communications High Ridge Park Stamford,CT, 06905 Fax No. (203) 614-6711 Deleted: q Notices shall be deemed given upon receipt in the case of personal delivery,three(3) days after s deposit in the mail,or the next day in the case of overnight delivery.Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 8. TERMINATION This Agreement may be terminated by either party upon forty five(45)days'prior written notice to the other party upon a default of any material covenant or term hereof by such other party, which default is not cured within forty-five(45)days of receipt of written notice of default(or,if such default is not curable within forty-five(45)days,if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion),provided that the grace period for any monetary default shall be ten(10)days from receipt of notice. As used in this § 8, the term default shall include,with respect to Frontier's obligations hereunder,Frontier's failure(i)to comply with the restrictions established in§ 3,(ii) timely to pay any sums owing to the City under § 4, and (iii)to maintain, deploy, relocate, or remove its Radios as provided in§ 5 hereof. -7- 9. ASSIGNMENT. This Agreement shall not be assigned by Frontier without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Any attempted assignment in violation of this § 9 shall be void. Notwithstanding the foregoing,the transfer of the rights and obligations of Frontier hereunder to a parent, subsidiary, or financially viable affiliate of Frontier or to any successor-in-interest or entity acquiring all or substantially all of Frontier's outstanding voting stock or assets shall not be deemed an assignment or transfer for the purposes of this Agreement. 10.1. MISCELLANEOUS PROVISIONS. The provisions which follow., shall apply generally to the obligations of the parties under this Agreement. 10.1 Nonexclusive Use. This Agreement does not provide Frontier with exclusive use of City Facilities. The City shall have the right to permit other Persons, including providers of telecommunications services,to install equipment or devices in the Public Right of Way, or on City Facilities subject to the non-interference requirements of Section 3.3 above. 10.2 Amendment of Agreement. This Agreement may not be amended except pursuant to a written instrument signed by both parties. 10.3 Severability of Provisions. If any one or more of the Provisions of this Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Agreement and shall in no way affect the validity of the remaining portions of this Agreement. 10.4 All-Hours Contact. Frontier shall be available to the staff employees of any City department having jurisdiction over Frontier's activities twenty-four(24)hours a day, seven(7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number regarding such problems or complaints. 10.5 Governing Law; Jurisdiction. This Agreement shall be governed and construed by and in accordance with the law of the State of Minnesota. 10.6 Attorneys' Fees. Should any dispute arising out of this Agreement lead to litigation,the prevailing party shall be entitled to recover its costs of suit,including reasonable attorneys'fees. 10.7 Exhibits. All exhibits referred to in this Agreement and any addenda, attachments, and schedules which may from time to time be referred to in any duly executed amendment to this Agreement are by such reference incorporated in this Agreement and shall be deemed a part of this Agreement. -8- 10.8 Successors and Assigns. This Agreement is binding upon the successors and assigns of the parties hereto. 10.9 Rules,Regulations, and Specifications. Frontier acknowledges that the City may develop rules,regulations,and specifications,including a general ordinance or other regulation governing wireless telecommunications in the City(the"Regulations"),for the attachment,installation,and removal of Radios and any similar purpose devices on the City Facilities and that such Regulations, when finalized, shall govern Frontier's activities hereunder as if they had been in effect at the time this Agreement was executed by the City, provided,however,that in no event shall such Regulations materially interfere with or affect Frontier's right to install Radios or Frontier's ability to transmit or receive radio signals from Radios installed pursuant to and in accordance with this Agreement or materially increase Frontier's obligations hereunder. 10.10 Ad vice of Displacement. To the extent the City has actual knowledge thereof,the City will attempt to inform Frontier of the displacement of any City Facility on which any Radio is located. 10.11 Con sent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay,condition,or withhold its approval or consent. 10.12 En tire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. IN WITNESS WHEREOF, the parties have executed this Agreement the_ day of December, 2007. FRONTIER COMMUNICATIONS OF AMERICA,INC. By [name typed] Its: CITY OF ROSEMOUNT,MINNESOTA By -9- t Exhibit A [Description and Specifications of the Radios and Contemplated Attachments] Double click on the following to pull up specifications and mast arm information. 9532_datasheet_1.0 .pdf Utility Metals Mast Arm,pdf 11- - t Exhibit B [Geographic Coverage] 1.)We will be working with our engineering team to provide service into part of the area of economic development of downtown. 2.)Adding AP's alonq_the retail and business route of Hwy 42 into Hwy 3, 3.1 We will also include equipment in Central Park. When we complete our engineering study we will replace this exhibit with a new exhibit showing final coverage areas and AP placements. - 12- ROSEN4OUNFFEXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: December 18, 2007 AGENDA SECTION: AGENDA ITEM: Frontier Wireless Agreement New Business PREPARED BY: Jamie Verbrugge, City Administrator AGENDA NO. q.d. ATTACHMENTS: None APPROVED BY: RECOMMENDED ACTION: Motion to approve the agreement with Frontier Communications for deployment of a wireless network BACKGROUND Frontier Communications has proposed to enter into an agreement with the City of Rosemount to allow access to City-owned assets,if necessary, for the purpose of deploying a wireless network within certain commercial areas of the community. ISSUE Frontier's capital investment budget includes funding to install wireless service networks in communities interested in partnering. Frontier has proposed an installation plan to serve the commercial nodes in Rosemount with wireless service. The service would be available to its current or future subscribers as an additional paid service, providing those customers with access to wireless services wherever it may be available. Non-subscribers would be able to purchase "hot-spot"wireless service at an hourly or daily rate, similar to what consumers may do now in places such as Starbucks via T-Mobile. From a customer benefit perspective,the ability of Frontier to extend its wireless service coverage to Rosemount would provide additional benefits to its subscribers as it already has established service in Burnsville and is attempting to extend the network to other neighboring communities. This would provide commercial coverage in contiguous markets. SUMMARY The capital funding for the system development is available through year-end 2007. Frontier representatives presented the proposal at the City Council Work Session on December 12, 2007. Staff and legal were directed to work with Frontier to finalize an agreement. That agreement was still being worked on at the time this memo was prepared. The agreement will be forwarded to Council prior to the meeting. 4ROSEIv1OLINT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: December 12, 2007 AGENDA ITEM: First Reading of an Ordinance AGENDA SECTION• New Amendment to the FTTH Cable Business Franchise PREPARED BY: Jamie Verbrugge, City Administrator AGENDA NO. ATTACHMENTS: Draft Ordinance APPROVED BY: RECOMMENDED ACTION: Conduct the first reading BACKGROUND r1"1'H and Rudder Capital Corporation informed the City in 2006 that a sale of the company was being negotiated. Per the terms of the cable franchise with FTI H,the City had the right of first refusal to acquire the company when a transfer of ownership was being considered. The City formally waived the right of first refusal in December 2006,allowing FTTH and Rudder to continue negotiating the sale and to prepare the necessary applications for state PUC,FCC and City actions relative to transfer of the franchise and ownership. Rudder representatives attended the September 12,2007 work session of the Rosemount City Council to share its proposed build-out plan for the community,per the negotiated terms of the franchise transfer and amendment. Rudder has received approval from the Minnesota Public Utilities Commission relative to the transfer of ownership as it relates to operation of the local telephone exchange. The FCC application and City franchise is specific to the company's provision of video services. The provision of data services (internet service)is not a regulated element of the franchise and Rudder is not required to get regulatory approval for operation of that service. On November 20,2007,Rudder submitted its application to the Federal Communications Commission for transfer of ownership of F1111 Communications. The City Council reviewed this issue again at its Work Session on December 12,2007,and directed staff to proceed. ISSUE The City's authority in reviewing the request for transfer of ownership allows for the opportunity to evaluate the legal,technical,and financial qualifications of the company proposing to take control of the operations—in this case,Rudder Capital Corporation. In this particular case,because the PUC has already conducted a review of the company's qualifications as part of its formal approval process,staff and legal are advising that the Council waive that review and proceed with the transfer request. Regarding the ordinance amendment,Rudder has requested that the originally described build-out requirement (extending video services to the entirety of the urban residential area by 2008) be revised to • allow a three-year phased construction commencing in 2008 and being completed in 2010. Staff and legal support this request;the public policy determination being that it is beneficial to the community as a whole that a competitive cable provider is available to our residents,and that the applicant was not primarily responsible for the failure to perform under the original franchise. The transfer of franchise would require a simple resolution of approval by the City Council. However,the franchise is City Ordinance. Amending the franchise to reflect a revised build-out schedule requires an ordinance amendment. SUMMARY Staff and legal support the ordinance amendment and transfer of ownership application. Staff recommends the City Council conduct the first reading of the ordinance amendment and to schedule the second reading for Wednesday,January 2,2008. 2 CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE FTTH CABLE FRANCHISE, ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows: Section 1. Rosemount Ordinance No. X1.23, Section 2, paragraph 8 is amended as follows (deletions shown as strikeouts, additions shown in bold/underline): Written Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or City's Administrator of this Franchise or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Rosemount c/o City Administrator 2875 145th Street West Rosemount, MN 55068-4997 With copies to: Robert J. V. Vose, Esq. 470 Pillsbury Center U.S. Bank Plaza 300 200 South 6th Street Minneapolis, MN 55402 If to Grantee: FTTH Communications, L.L.C. Attn: Kevin Kawell /1183 Evermoor Parkway 14745 South Roberts Trail Rosemount, MN 55068 Attn: John Schultz With copies to: Christopher K. Sandberg Lockridge Grindal Nauen Suite 2200 100 Washington Avenue South Minneapolis, MN 55401 2179 RJV-218139v1 4 VS105-4 Clyde C.Ahlquist,Esq. Ahlquist Law Office 2334 Wilson Street NE Minneapolis,MN 55418 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. Section 2. Rosemount Ordinance No. X1.23, Section 6,paragraph 1 is amended as follows (deletions shown as strikeouts, additions shown in bold/underline): Public, Educational and Government Access. a. The City is hereby designated to operate, administer, promote,and manage community programming (public, education, and government programming)(hereinafter"PEG access") in the Cable System. b. Grantee shall dedicate five (5) channel(s),with channel defined as a six(6) MHz spectrum allocation, for PEG access and community programming use. All residential Subscribers who receive all or any part of the total services offered on the System shall be eligible to receive such channels at no additional charge. The channel(s) shall be activated upon the effective date of this Franchise and thereafter maintained. The City may rename, reprogram, or otherwise change the use of these channels in its sole discretion, provided such use is non-commercial and retains the general purpose of the provision of community programming. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by reference. The City shall provide ninety (90) days prior written notice to Grantee of City's intent to activate access channels and shall allow Grantee reasonable time to vacate said channel(s). c. The VHF spectrum must be used for the PEG access channel(s)required in this Section. Grantee shall designate the channel locations of any other access channel(s) but may not move or otherwise change the channel number or location of any PEG access or community program channel without the written approval of the City. d. Upon the Effective Date of this Franchise, Grantee will cable cast all wee taped PEG access programming wed produced by the City or City's designee. Within one year of the Effective Date of this Franchise, the Grantee will provide live video feed from City Hall. In addition, on or before October 1, 2008, Grantee will begin cable casting ISD 196 Channel 10 and will provide or obtain a live video feed or connection RN-218139v1 5 VS105-4 from Apple Valley City Hall and cable cast PEG access programming produced by the Apple Valley, Farmington Rosemount Cable Commission including Rosemount/Dakota County Channel 12 and Apple Valley/Farmington Channel 16. On or before January 1, 2009, Grantee shall present a plan and timetable for obtaining and cable casting Regional Channel 6 and, to the extent commercial feasible and permitted by the content owner(s), Public Access Channel 12. Grantee shall be responsible for the cost of obtaining the foregoing program feeds or connections, and the cost of any equipment necessary to cable cast such programming. Any PEG programming originated from FTTH facilities will be provided to all public buildings Section 3. Rosemount Ordinance No. X1.23, Section 8,paragraph 1 is deleted in its entirety. Section 4. Rosemount Ordinance No. X1.23, Section 8, paragraph 2 is amended as follows (deletions shown as strikeouts, additions shown in bold/underline): Letter of Credit. a. At the time of acceptance of this Franchise, Grantee shall deliver to the City an irrevocable and unconditional Letter of Credit, in form and substance acceptable to the City, from a National or State bank approved by the City, in the amount of Ten Sixty Thousand Dollars($4-60,000.00). b. The Letter of Credit shall provide that funds will be paid to the City, upon written demand of the City, and in an amount solely determined by the City in payment for penalties charged pursuant to this section, in payment for any monies owed by Grantee pursuant to its obligations under this Franchise, or in payment for any damage incurred as a result of any acts or omissions by Grantee pursuant to this Franchise. c. In addition to recovery of any monies owed by Grantee to the City or damages to the City as a result of any acts or omissions by Grantee pursuant to the Franchise, the City, in its sole discretion, may charge to and collect from the Letter of Credit the following penalties: i. For failure to complete system upgrade as construction and extension in accordance with the schedule provided herein, unless the City approves the delay, the penalty shall be Two Hundred Dollars ($200.00) per day for each day, or part thereof, such failure occurs or continues. ii. For failure to provide data, documents, reports or information RJV-218139v1 6 VS105-4 required herein or for failure to cooperate with the City during an application process or system review or as otherwise provided herein, the penalty shall be Fifty Dollars ($50.00) per day for each day, or part thereof, such failure occurs or continues. iii. For failure to comply with construction, operation or customer service, or maintenance and technical standards, including the customer service requirements herein, the penalty shall be One Hundred Dollars ($100.00) per day for each day, or part thereof, such failure occurs or continues. iv. For failure to provide the services Grantee has proposed, including, but not limited to, the implementation and the utilization of the PEG access channels and the maintenance and/or replacement of the PEG access equipment and other facilities, the penalty shall be One Hundred Dollars ($100.00) per day for each day, or part thereof, such failure occurs or continues. v. For violation of any other provision of this Franchise or applicable federal, state, or local law or regulation, the penalty shall be Fifty Dollars ($50.00) per day for each day, or part thereof, such violation continues. d. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. e. Whenever the City finds that Grantee has violated one or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee informing it of such violation. At any time after thirty (30) days following receipt of notice, provided Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of the City, the City may draw from the Letter of Credit all penalties or monies due the City from the date of the local receipt of notice. The City may grant additional time beyond the initial thirty (30) days in the event the City determines such additional time is necessary to cure the alleged violation. f. Grantee may, within fifteen (15) days of receipt of such notice, notify the City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by Grantee to the City shall specify with particularity the matters disputed by Grantee. All penalties shall continue to accrue and the City may draw from the Letter of Credit at the end of the thirty (30) day cure period notwithstanding Grantee's dispute regarding the violation. RJV-218139v1 7 VS105-4 i. The City shall hear Grantee's dispute at the next regularly scheduled meeting or within sixty (60) days, whichever period is longer. ii. Upon determination by the City that no violation has taken place, the City shall rescind the notice of violation and refund to Grantee, without interest, all monies drawn from the Letter of Credit by reason of the alleged violation. g. If said Letter of Credit or any subsequent Letter of Credit delivered pursuant thereto expires prior to five (5) months after the expiration of the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than five (5) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same form and amount and with a bank authorized herein. h. If the City draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part, Grantee shall replace the same within ten (10) days and shall deliver to the City mike proof of replacement of the Letter of Credit for the full amount required herein as a substitution of the previous Letter of Credit. i. If any Letter of Credit is not so replaced, the City may draw on said Letter of Credit for the whole amount thereof and use the proceeds as the City determines in its sole discretion. The failure to promptly replace any Letter of Credit may also, at the option of the City, be deemed a default by Grantee under this Franchise. The drawing on the Letter of Credit by the City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. j. The collection by the City of any damages, monies or penalties from the Letter of Credit shall not be deemed an exclusive remedy and shall not affect any other right or remedy available to the City, nor shall any act, or failure to act, by the City pursuant to the Letter of Credit, be deemed a waiver of any right of the City pursuant to this Franchise or otherwise. Section 5. Rosemount Ordinance No. X1.23, Exhibit B is amended as follows (deletions shown as strikeouts, additions shown in bold/underline): EXHIBIT B Attached Exhibit C is a map showing the location of Grantee's system as currently constructed, along with a schedule for completion of construction of the Grantee's RJV-218139v1 8 VS 105-4 initial service areas. Grantee shall extend its system and offer service to all homes or dwelling units in Areas 1 and 1_2 and 3, and those portions of Area.4 meeting the density requirement in the Franchise, all as depicted on the attached map. in Exhibit C. The City and Grantee acknowledge that the Grantee has applied for necessary governmental permits, licenses, certificates, and authorizations in order to construct a system serving the City and that such system construction is underway as of the date of the granting of this franchise. Grantee shall continue to apply for permits associated with work in specific portions of the right-of-way as construction proceeds. Energized trunk cable must be extended substantially throughout Area 1 depicted on the ^f the ntin ^f th' fr- ch� Exhibit C, and all u��"�,Z��l':fTTI[�����- L 1111J 11(.L11Via1UV associated system construction must be completed by December 31, 2008; energized trunk cable must be extended substantially throughout Area 2, and all associated system construction must be completed by December 31, 2009; energized trunk cable must be extended substantially throughout Area 3, and all associated system construction must be completed December 31, 2010; energized trunk cable must be extended substantially throughout those portions of Area 4 meeting the density requirements in this Franchise, and all associated system construction must be completed by December 31, 2011. Construction based on this build-out schedule will proceed at a reasonable rate of not less than 50 plant miles per year. Persons along the route of the energized cable will must have individual drops as desired during the same period of time. Granteehall initiates ,stem a nstructio iderietea +s ie—a che&mapn-o or befF ore Tan ary 1, 2005. Energized trunk cable ,st be extender1 h t tiel1 th. h t o 2 with' o e e -the of .fciv�cc¢rcrali�-►aavi:cgnvcicz-s'vir�v'o-irririron j'...,.. ..........�. Upon completion of system construction in Grantee's initial service areas, Grantee will extend its system and services in accordance with Section 2.7 of the Franchise. The requirements herein may be waived by the City upon occurrence of unforeseen events or acts of God. The City may only agree to such modifications by amendment to this Franchise. Section 6. Rosemount Ordinance No. X1.23, Exhibit C is deleted and replaced with the following: [Insert new service area/phase map] RJV-218139v1 9 VS105-4 Section 7. This Ordinance shall be in effect following its passage and publication. ADOPTED this day of , 2007, by the City Council of the City of Rosemount. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: City Clerk RJV-218139v1 10 VS 105-4 r 1' ?,,Cle.7..r.,-,-,1 , ,_t i tI--r' -.— ` t ' r I r• • - • • 2 _ 1 _ • l .. 1. _ I,? _ - tt1 ttt, . , 1st•,q• „sF y•t 6i tr/, ,t .▪ r 1` ,,.. ; , Y -mot:.l I. li Z-i..4 / >E$$„I ,l/ i Iti t k� - , ,„ ,,, , ,,,,,,i;,,,,,,,..„„,,,,, ,:„ii.,.....,.,,..,,,,, •-,3','%.: 4,,. '-' ' -/3 -, .'.. :,,,,.". •,.4 .-- , ,,,,;t:,..„..-4:, ,....k.„. _ ,...., ......,,,._ ,,, • P ti +47 iP am � , t r"�v " - iw% q _ � �/ti I,I M A (,. I_ in° HASEI I�Ai >„ a,T / , d t t QPHASE 79. 5, + ... 4 1 a� I ,. $�-i �. , 'a :.,,4r) } ir: i -jams ') .0,,,.„--..,...-:,„,:„,, ..... .... e- -...:.Z.: i ,y. "`54t-aksi� rjlr _r �' j t t, t, ,,...- - ,:.or t t•� i '''�` st.,,,. i • ' 1--17"� C: ,,yy1C��" .sn�q ��Y� , :t, !!J• \ 's- doer 5�_� ' 40 � a t. YNG�A.kYC—..,�+ �. 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Industry School Building Parks '-'12:6 Dakota County Technical College EXHIBIT 1 -Page 4 of 5 4.ROSEIvIOLINT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: December 18, 2007 AGENDA ITEM: Case 07-44-AMD— Lennar Corporation AGENDA SECTION: Glendalough Minor Planned Unit Consent Development (PUD) Amendment PREPARED BY: Jason Lindahl, A.I.C.P. AGENDA NO. Planner ATTACHMENTS: Minor Amendment to the Planned Unit APPROVED BY: Development Agreement for Evermoor Glendaloug With Elevations, Site Map, Resolution, Applicant's Letter, Original Evermoor Glendalough PUD Standards, t<- American Heartland Series Home Elevations RECOMMENDED ACTION: 1. Motion to adopt a resolution approving a Minor Amendment to the Evermoor Planned Unit Development (PUD) Agreement exchanging three (3) currently approved housing products (the Colonist, Bungalow, and Farmhouse from the Homestead series)for three (3) new products (the Ramsey, Sibley, and Longfellow). 2. Motion to authorize the mayor and city clerk to execute an amendment to the PUD agreement for Evermoor Glendalough. SUMMARY Applicant&Property Owner(s): U.S. Homes Corporation (Lennar) Location: North of Connemara Trail,west of Highway 3 (South Robert Trail) and east of Evermoor Parkway. Area in Acres: Approximately 126 Acres Comp. Guide Plan Desig: TR—Transitional Residential Current Zoning: R-1,Low Density Residential&Evermoor Planned Unit - Development(PUD) The applicant,U.S. Homes Corporation (Lennar),requests approval of a minor Planned Unit Development (PUD)Amendment to incorporate new housing styles into the existing Glendalough PUD. This amendment will exchange three (3) of the currently approved homes for three (3) new home styles. A copy of the amendment detailing the proposed changes is attached for your review. This amendment is considered minor because the new homes proposed by Lennar are considered consistent with the original intent of the Evermoor Glendalough PUD. BACKGROUND In late October,Council Member Shoe-Corrigan and Planner Jason Lindahl met with the applicant to discuss Lennar's desire to add four (4) new housing products to the Evermoor Glendalough neighborhood. Each of the four (4) products would have four (4) district architectural styles creating a total of sixteen(16) unique housing styles. The applicant shared that some of the currently approved homes were not selling well so Lennar wants to add more styles for their customers. After some discussion of the original PUD standards and a review of both the currently approved homes and the proposed addition,Councilmember Shoe-Corrigan stated that she would not support Lennar adding new homes that were not consistent with the original intent of the PUD. As a comprise, Councilmember Shoe-Corrigan offered that the City would consider an exchange of new home styles that were consistent with the original intent of the PUD for currently approved home styles that were not selling well. Given this criteria,Ms.Boyles offered to discontinue the Colonist,Bungalow,and Farmhouse from the Homestead series (see attached)in exchange for adding the new Ramsey, Sibley,and Longfellow products (see attached). Council Member Shoe-Corrigan indicated that she could be agreeable to the proposal and Ms.Boyles should submit a minor PUD amendment application consistent with her proposal for review by staff and approval by the full City Council. As you may recall, the City approved another minor PUD amendment for the Glendalough neighborhood in June 2007 to permit the incorporation of the American Heartland home series (see attached) and associated minor setback changes. The setback changes stated that any dwelling unit, porch, or side- loaded garage (garage door oriented at a perpendicular to the front elevation of the dwelling unit) shall have a minimum front yard setback of fifteen (15) feet consistent with the original PUD setback standards. Any front street facing garage shall have a minimum front yard setback of twenty-four (24) feet. The street side yard setback on a corner lot shall be a minimum of fifteen (15) feet. In no case shall a new home constructed on the Subject Properties be setback more than five (5) feet from an existing adjacent home. These minor setback changes were necessary to insure continuity in home placement throughout the Glendalough neighborhood as well as sufficient area for parking vehicles in private driveways. CONCLUSION & RECOMMENDATION As noted above,staff processed this application as a minor amendment because the Council's initial review of this item indicated support for an exchange of approved housing products for new products proposed by Lennar that were consistent with the intent of the original Glendalough PUD standards. The original Glendalough PUD standards are attached for your reference. Given these standards and the Council initial support for the new housing products,staff recommends approval of this item. The Council action tonight will exchanges three (3)currently approved housing products (the Colonist,Bungalow,and Farmhouse from the Homestead series) for three (3) new products (the Ramsey,Sibley,and Longfellow). This agreement will cover the existing vacant lots under the applicant's ownership within the Glendalough neighborhood. 2 A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR EVERMOOR GLENDALOUGH THIS DECLARATION made this 18th day of December, 2007, by and between U.S. HOMES CORPORATION, (hereinafter referred to as the "Declarant"), and the CITY OF ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as the "City"); WHEREAS, Declarant is the owner of the real property described on Attachment One, attached hereto and made a part hereof(hereinafter referred to as the "Subject Properties"); and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, "Planned Unit Agreement Evermoor", dated June 20, 2000, and recorded with the Dakota County Recorder as document number on (hereinafter referred to as the "Planned Unit Development Agreement"); and WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement as hereinafter provided, which amendment has been approved and consented to by the City of Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its officers affixed hereto. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to the Planned Unit Development Agreement except as modified herein. A. The list of permitted housing plans for the Planned Unit Development Agreement is amended as follows: 1. The following Homestead housing plans are deleted: a. The Colonist, Exhibit A b. The Bungalow, Exhibit B 1 c. The Farmhouse, Exhibit C 2. The following new housing plans are added: a. The Ramsey, Exhibit D b. The Sibley, Exhibit E c. The Longfellow, Exhibit F 1. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development Agreement shall remain in full force and effect. 2. The obligations and restrictions of this Amendment run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount acting through its City Council. This Amendment may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT US HOMES CORPORATION By Its By Its 2 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2007, by and , the and , for and on behalf of U.S. Homes Corporation, a , by and on behalf of said Notary Public 3 This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H. Droste,Mayor And by: Amy Domeier, City Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2007, by William H. Droste and Amy Domeier,the Mayor and City Clerk, respectively, for and on behalf of the City of Rosemount,a Minnesota corporation,by and on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount 2875 145th Street West Rosemount, MN 55068 651-423-4411 4 Lot 1, Block 5; Lot 2, Block 5; Lot 18, Block 4; Lot 19, Block 4, all in Evermoor Glendalough 1st Addition, Dakota County, Minnesota. Lots 7, 9, 10, 14, 16, and 17, Block 2, Evermoor Glendalough 5th Addition, Dakota County, Minnesota. Lot 3, Block 1; Lots 1 through 10, Block 2; Lot 2, Block 3; Lot 13, Block 3; Lots 1 through 8, Block 4; Lots 2 through 7, Block 5, all in Evermoor Glendalough 6th Addition, Dakota County, Minnesota. Lots 1 through 7, Block 1; Lots 1 through 10, Block 2; Lots 2 through 8, Block 3; Lots 2 and 3, Block 4, all in Evermoor Glendalough 7th Addition, Dakota County, Minnesota. Outlot D,Evermoor, Dakota County, Minnesota. ATTACHMENT ONE • •• • . Colonist _____ . .,,,,.. -- —_ A >> a t,, rq ' iYx rS rro. ,it ks s w !y.•'',,' 'rP k$!. :.,i "` 1' h. n r, n ,hy r '.:.#7.'1.. • , , .] 0 il , I t ij '..' •' ' flu.) . f I I • ••-, •.'.:• i ,;-,,,.. I . '•• ' - 1 '."'-','1'6 1.,, .r.,::',,',','. .;.„,,ji.::i!•,,1 ...:• '' . 1 A ; B • • ', 1 ,,, - . . , , i ,,. \_,_ --.,-- _____\_—......___L_,...:- :•,-;--...-...„-..,_. _._,:_-______-_,____ 1 — �1 — ni . .. _ .1 - . - I „„ ... _ ___.. . , ... ... . . ._. _ _ i _._ ... _...._ , 11. . , 1 ip ----- - . . . A , A * '1! L � ! J ' I 1.• l ,tilt. 1 i-1-1-1—i - ' C • EXHIBIT A 545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 • Colonist } #�.4re.,�t - µ Alt 2 Stories 14 Bedrooms 13 Baths 13-Bay Garage 2,311 Sq. Ft. Total Main Floor % N II NOOK t 1 GREAT ROOM ' GARAGE i 1 iiMPILI . III wir p PWDRQO 1 KITCHEN 127,_ ,,_ 1: .'I MUD RM "NW r DINING FOYER GARAGE OWNER'S usr L OWNER'S SUITE I Upper Floor TRAY PORCH ``III III OWNER'S BATH , ii l Elmmi•l!• l] I / ,(. L J, LINEN FIX VJ LOFT BEDROOM HALL BATH DRY k-0.1111 —,- CLST [II UN IIHIIIIHIi� _ BEDROOM BEDROOM FOYER OPEN TO BELOW 545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 Plans and elevations are artist's renderings and may contain options,which are not standard on all models.Lennar reserves the right to make changes to these floor plans, specifications,dimensions and elevations without prior notice.Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size.Any statement;verbal or written,regarding"under air"or"finished area"or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty.Copyright©2007 Lennar Corporation.Lennar and the Lennar logo are registered service marks of Lennar Corporation and/or its subsidiaries.9/07 ;Wag • . . . . • Bung a low . . . ______ .. ,. ..: . .. .. .. ... ..... ______ ... .. . . .. , ,..,„....,,,,,.. . ._:„.....:.,.......:...c.„i,,„...,.:.:„..,,z•.......:,..,.,,•. ,„, •,:,,,i.,... , . ..,,„...,....., ..„, ,,•••:_,,..,:i.,:_„•,,,.,.,/,.,,:.,•;,1!.2'4•4.:1•;',141• ,,,,., ,. „„,„•.,..„,.,,,,,,,,,,,:.,d,;,','..,,,,4,„::;,1,:i:w,,,,,4;;',...1,',...,,,,:.::::1,-,':.,, -;f,1..;!,:,.'.,,,,,..;,,-,,.•,••:•,•'..,: ,.., ,,',.1..'„•,'•.,,,fi.,•.,•-•-,, ,,,„•••• 1.4•,••'-'.',A•t',.;&,'ZtA:•,`•,:•,‘••„•••K4.1V-':It4/11.t;74,1:11S704gt,s,'-of04.1,,,1,4•••,P.,..•••••:1•.4•••- ''• `•,--,=_-,7:-•;.:-••:--- ; - ••••••••,•••11•-.r••'• •, •!,:7";,••"•...••i''f 4'i'14-4r-'''',51:';,. ,1.14:N.Ili",,i,;.:i::',:,.v.,.. 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J .•-•-•; . . 7.1-13 •":.j4:1,4?ra'f.tl,' 1 1- ++ - 11-, 7'--t'71 JI 1.--;'; ,Wi'''''' **.,• 10114111117":"A''. ;j1.'%.Xt.' ''."4"j'.4'IC':4'' 4%'.'j•;'•1:"•'7'•`''' -'' 'l .:t' " r * 7-- ' ''. - - . '''- .1g•-i, , -- . .,-c.,:-,,---,,,...1::,: -,,,,,::.,,.::----:::-.,;..4A..7::•-4. -,...;',..t ,,,,-:,.4,,v,,,:.!r:p ,._,--f-r-r- ,„ ,..A ,„ , ,,,, „ .„..,-;: „..... . • ,..,-,...- ..-..:19,,I,..?..e.,...;.:- ,,:,,,-. --- • g',,.1,i,y,‘,q,,,....,1,:,3 1___,_1 ',-;---TT , 1,1,-,,,,,,;.,,,,,i - f• ,••,. ..,...... 4,,J• „.'f•- •• J 7-••-.•• r • -,J ;4;.,I• „.... %.?.?0,''''.4.5A- I " ' - *-- J' J '•'''•1, -•-:•• 4•''''.--t!'''''•'j ...• J'f; ''•J.'''.'j.' •••-•F•','.`.*"':•-.....,.::;"...,': ''t.•.';•..• j••.:.•'-'..,,if ...jjj . ' •*""•''..,.....j4.;", ...j.7.771jtt-..*•J'.." '':. •I,j..•••••jj''• ''j•••: :••••., :7.-Jj-••••••:-.jj,':'.?,.:.fl j',,,...,.,!.::'..,.,1,:::j'••• .1,•..j'•••,••,.,,,J c— . 7"'-'. : ,,, .:•.:•-•'•• ..,,••••,•',,'..';':, ';.:,. • ',':,"'••••'•',.'.:1".'•'•''''t'' '' ;...:'.:•:- "'.-:'''' ;'''' ','','?',', , EXHIBIT El •,..,_..... . _.. - -- - MN 55391 • 952-473°993 545 Indian Mound East, Wayzata, t . . Bun. aI.ow :,.: . . .. ., . . : ... ,.......„. .,. , .,... .. .... . . . . . ... .... .., ,.. . 2 Sto ies 13 Bedrol ms 13 Baths I 4-Bay Garage 1,976 Sq. Ft. Total Main Floor NOOK o GREAT ROOM GARAGE KITCHEN MLD RM c te; an _- I -r= Lo --- /1��/�y/ IAUNDRY-� Upper Floor El I DINING I � �, /1 ICI IA \ "_ FOYER OWNER'S BATH . 0 PWDR_ ,-, I y4-•• I ;. TRAY VAULT OWNER'S SUITE HnLL aATH \PORCH 11 BEDROOM / V CST y • IVF\.) CLST 9 BEDROOM GIST u u + i.. _ l L. ` ;•_ i' •_... . '545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 Plans and elevations are artist's renderinpgs and may contain options,which are not standard on all models.Lennar reserves the right to make changes to these floor plans, specifications,dimensions and.elevatiof}s without prior notice.Stated dimensions and square footage are approximate and should not be used as representdion of the home's precise or actual size.Any statehhhh►►►►ent,verbal or written,regarding"under air"or"finished area"or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty.Copyright©2007 Lennar Corporation.Lennar and the Lennar logo are registered service marks of Lennar Corporation and/or its subsid'aries.9/07CI . DPPoIIRINIIY . I 1 • Farmhouse � ti.;p )k z , '.,wy�.� x ,X t ��� xW ya} U3 , �+ Y eY 41'- 4• �,x 4 dy' v ' S �o• k - ; u $ ni ' 1 rr �'. ,„46; F ., .: ., . `..: Mill - '.. � > .p. r '`�# d �'7 F f! we A s,ta`& , 1! 4 i �,.}E{ era 1 1 :, s_> - % , ,._ Y E ;; Ii eer�n�tn , ,. , 7 ' I y. .,....r.: ::....:, ,,,,, d iiisi „.,.;=;: - , . ) _. Ia 111 11.I.1_.I Y t i F A B �, a,fir a° , xt £,.v E 6 A , n ^"».+,k ""r`3,,,,,,,...4' `''�q tx"t ' 11 i fll ' s 1 ^. kp r,a .......w.. r ear �.t �I� I 1 (J'- °�trf",C, t ' .r I t{t ��� !°,° ! < rt " . al.. €�+s id . 1 Ult( t o;; i iitn; .t ili: l _ ..., ,.... : ,,- .7•114,� 1 I LL� rk n .�:r 1; I1 ai - �� �� -LIEIEI[i t. I EXHIBIT C 545 Indian Mound East, Wayzata, MN 55391 • 952 473 0993 • . . . • . . . . Farmhouse . ____ _ _______ ..„,•:,,:,„:: ; .... ,...„.„..4--,V.A.,,,.,:',•,,,i 2 Stories 3 Bedrooms 3 Baths 3-Ba Gara e � � � Y 9 2,466 Sq. Ft. Total Main Floor I I 1 III NOOK PI 7 MUD RM , i I PNTFY �;,' LAUNDRY CO GI LAUNDRY n ----• GREAT ROOM KITCHEN -�' i7 is SITTING ROOM , , .1,) \I 1,`\(\ GARAGE ..i_c„, 0,, OWNER'S BATH \ e n^ OWNER'S SUITE FOYER ILJI(`"') TRAY VAULT r DINING Q OWNER'S CLST III L ■: PORCH BEDROOM FOYER I gill I OPEN TO BELOW ® / STUDY V PWOR II p4 Iii HALL GARAGE I BATH IBEDROOM ""u 1 545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 Plans and elevations are artist's renderings and may contain.options,which are not standard on all models.Lennar reserves the right to make changes to these floor plans, specifications,dimensions and elevations without prior notice.Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size.Any statement,verbal or written,regarding"under air"or"finished area"or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty.Copyright©2007 Lennar Corporation.Lennar and the Lennar logo are registered service marks of Lennar Corporation and/or its subsidiaries.9/07 0 OPPOa-n. • . , Ramsey .....____ ____ ........___________________ __......_ .. .:, . ____________. . . ..____.. • . ,, r c ur. , „._u.,....<. _�: a sue: ra --"--- - _ ` , , ., • , , . . \ . min . �� 4 v^ x ,_41114�gr ;t . f r Pij • i`,y='-�.-Zr{F9If4: ^ :2 r F t I r 1 ;., t� .. .�YI�IYIYYIfY11 •. .. n ientuAgiS 6�t t °A 1 .B—- _ l i. j \ 1,. ., , \ pr.t 4Nt .n t•. —' ---- L. ,. 3 { I1 . l 111,'''''.'':., '''''.2::::''_.1,'":'7:::'::. L /II 1 177, —� 1 i 1 I i,j io a.':4,.' ta•7 71—i „ 11 j I C D EXHIBIT D ' 545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 . . , . , • , Ramsey . . .._., . •._ _ . .. _____ _ .. . . . . _ . . _ . _-___AEL_____. . . __________ 2 Stories 14 Bedrooms 13 Baths I 2-Bay Garage 2,676 Sq. Ft. Total --i--i I�I li i 1 0 U T I(I�j LAUNDRY KITCHEN I I`,JI OWNER'S BATH o �� DINING ROOM 1 CO GREAT ROOM ell _Lrm J OWNER'S SUITE \ �I r v 1 OWNERS CLST I LOFT I I PANTRY I I V 4.in. AR MUD RM 0 CO• CLST PWDR ` l BATH BEDROOM I CLST I 1 I CLST I CLST I , , a LINEN ---J I GARAGE I OPEN TO BELOW BEDROOM BEDROOM RETREAT FOYER 11 I I . -Q mi --+.I I PORCH I •, L Upper Floor • • Main Floor 545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 Plans and elevations are artist's renderings and may contain options,which are not standard on all models.Lennar reserves the right to make changes to these floor plans,specifications,dimensions and elevations without prior notice.Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size.Any statement,verbal or written, regarding"under air"or"finished area"or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty.Copyright b 2007 Lennar Corporation.Lennar and the Lennar logo are registered service marks of Lennar Corporation and/or its subsidiaries.9/07 Cr .. fltitINNRT • Sibley . ___---1 ____ • .„..„... „.„..,...,....:.., . __________________________. _. . , . . ...._... . ____________.__________. ., _______________________________ _____. • . .._ . ._ _ _ _ _ _._.__, , ____ "__ ,... _. , : ...._ _ .. • 1'8tit1AY14Y�. 1� GYI6AOWA V /.. .e,y. it OIIIIItL®A �iM �. 1� � 11cc _ 1 �— 7-1-11 1 1_ I � � ' I �� I� I� •z9 a I , B l ,., , K!1. 1 1 L _ JJ „I' , �. V.,, ,.!... . „,---.1.7.170.„ . , ,,. it -t1 1—i--i� QI p A{I Y■�� .„:„.•,,......,...,„ J�-• y c J i •"'.r441.4 �'`'�i —I—1 C • EXHIBIT E • 545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 . . Sibley • • . ., .,,,, ,. , .,. . __ „ 2 Stories 14 Bedrooms 13 Baths I 2-Bay Garage 2,880 Sq. Ft. Total --I IF M1 U U DINING ROOM - OWNERS BATH II II. BEDROOM GREAT ROOM OWNER'S SUITE I T-J TiL I OWNER'S CLST J CLST 1 ^ LINEN KITCHEN PANTRY I BATH I � 1 ` �� LOFT PWDR --I 1 STUDY J GARAGE - aA\rr.,,Ill 0 I I 'MUD RM I I— 1 CLST 1 I __J IC BEDROOM I v LAUNDRY — --, FLEX ROOM CLST I J BEDROOM --1—=11 CLST I _ I_'-�I 1 J Qi ® 1 FOYER CLST PORCH Fiiii� I=1, Vz r.- . Upper Floor igi I EA 1 ii� Main Floor • 545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 Plans and elevations are artist's renderings and may contain options,which aro not standard on all models.Lennar reserves the right to make changes to these floor plans,specifications,dimensions and elevations without prior notice.Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size.Any statement,verbal or written, regarding"under air"or"finished area"or any other description or modifier of the square footage size of any horns is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty.Copyright O 2007 Lennar Corporation.Lennar and the Lennar logo aro registered service marks of Lennar Corporation and/or its subsidiaries.9/07 [ovuInzwG • • Longfellow . . _ __ _ .. . . ... .., .. .., .., . _ _ . . ... 0_ . .. . . . , , . ....... .. • . . .. . , ,,.,, '‘'',.L'_.'....i,...•-. ..:,. m. i.mh., 'I.''. ;,.:. rs , ,,.'•,'.,,, s. :i:,:,....1,,,,,1.,,:„,,,„...4,:.4.,1.1.7i4ti,,,u,,,:,m. i..:,,,;..,i,...,.1,,, •..... J1041 iltEfWlYdL t i!i 1.'. h l-ddd��rdd�Y ( ° ... .. .\' kIi .E,,, L..„ig..t,,t.,$A,. „,,.. ., y do �, et , � .. .. Ili ® , 1 1.. 1 mt � ', -i, r • � nno n� :�I` ®uuuuoeia . I B 1 A R , X • �ml r°[ .m dd+ni r I nmuiuum m✓bl: riYt�16dL nd �..1✓ L • • •. � t:L Y - N. W rV[d1I1Wp1tlY[1dd6Lrl1f/d[dfRd1ril1{l ydd[PedlRWdG drnl ddr LpdWJ.YUWtdrLIp-[u[L L t..'_il • • . � ♦ �., [ 1 y, 't illia Yi 1i�l6[Ifl[[;1[nRuI[nndW '- COr ..l ;? ,Y -i VRI.,. . .- v 1 i Y I1 Y RC EXHIBIT F • • 545 Indian Mound East, Wayzata, MN 55391 • '952-473-0993 • ' , LoncfeIIb _ . . . . .. _ _ _ _ .... _____ ___. _ __ _.. _ . . ._ 2 Stories 14 Bedrooms 13 Baths 12-Bay Garage 2,428 Sq. Ft. Total DINING ROOM III g 0 0J III I I _JI I LAUNDRY I LLC OWNER'S BATH I OWNERS SUITE -1--- GREAT ROOM �nL --I'- t( di I I ��N Ill : 1 I OWNER'S CLST -_ KRCHEN BATH ___ CLST \-Jr--':'-'Ti I; ICY C / PANTRY MUD RM / \ 1�, \N �. LOFT BEDROOM I \\\ PWDR GARAGE \ . Qg 1 r— 1 • 1 I FOYER I I I CLST OPEN TO BEDROOM AniAt BELOW BEDROOM CLST I STUDY :� I I_ PORCH 1 17 Upper Floor (] I] Main Floor 545 Indian Mound East, Wayzata, MN 55391 • 952-473-0993 Plans and elevations am artist's renderings and may contain options,which are not standard on all models.Lennar reserves the right to make changes to these floor plans,specifications,dimensions and elevations without prior notice.Stated dimensions and square footage are approximate and should not be used as representation of the home's precise or actual size.Any statement,verbal or written, regarding"under air'or"finished area"or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty.Copyright 0 2007 Lennar Corporation.Lennar and the Lennar logo are registered service marks of Lennar Corporation and/or its subsidiaries.9/07 a • EvermoL Glendalough Neighborfi._ad Map 44IL% LIEHIHLIELI I• 4 II iik4 % fill 4 ** II o I I <1___\ *I bit % fit, 4,"4,‘ ii • w s • a SO P * **** a' $ eV t is Ihif 0 ` WOrfr1 4 lire its'Ira. 44 1:11:80 111 Mir 1111 0% 4) k * # * i ,. ‘.1 , 1 :11:12111***ii --!...7-7- 11:- .3.--..j-in- /*Iiiii 1111-1-"Eldnal. W7 OM Limill111.1 44Ibk ryink Ot•Iiiiir N Align dial®®iiii<< o S / *** 411), 1 L i ../\ 0 4* Copyright 2007,Dakota County-Map Date: May 31,2007 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2007 - A RESOLUTION APPROVING A MINOR AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR EVERMOOR GLENDALOUGH U.S. HOME CORPORATION (LENNAR) WHEREAS, the Community Development Department of the City of Rosemount received an application from U.S. Home Corporation (Lennar) requesting PUD Minor Amendment approval concerning the Subject Property,legally described on Exhibit A; and WHEREAS, the amendment would exchanges three (3) currently approved housing products (the Colonist, Bungalow, and Farmhouse from the Homestead series) for three (3) new products (the Ramsey, Sibley, and Longfellow;and WHEREAS, the three new housing products are found acceptable under the original terms and characteristic for homes in the Glendalough neighborhood as detailed in the Glendalough section of the Planned Unit Development Agreement: WHEREAS, since the new housing products are found acceptable under the original terms and characteristics for homes in the Glendalough neighborhood, this application may be processed as a minor amendment to the planned unit development;and WHEREAS,minor amendments to the planned unit development may be review and approved by the City Council without a public hearing before the Planning Commission;and WHEREAS, on December 18, 2007, the City Council of the City of Rosemount reviewed the application and staff's recommendations. NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves a Minor Amendment to the Planned Unit Development for Evermoor Glendalough, subject to: 1. Execution of the Minor Amendment to the Planned Unit Development for Evermoor Glendalough. ADOPTED this 18th day of December,2007,by the City Council of the City of Rosemount. William H. Droste,Mayor ATTEST: Amy Domeier, City Clerk RESOLUTION 2007- Motion by: Second by: Voted in favor: Voted against: Member absent: 2 Lot 1, Block 5; Lot 2, Block 5; Lot 18, Block 4; Lot 19, Block 4, all in Evermoor Glendalough 1st Addition, Dakota County, Minnesota. Lots 7, 9, 10, 14, 16, and 17, Block 2, Evermoor Glendalough 5th Addition, Dakota County, Minnesota. Lot 3, Block 1; Lots 1 through 10, Block 2; Lot 2, Block 3; Lot 13, Block 3; Lots 1 through 8, Block 4; Lots 2 through 7, Block 5, all in Evermoor Glendalough 6th Addition, Dakota County, Minnesota. Lots 1 through 7, Block 1; Lots 1 through 10, Block 2; Lots 2 through 8, Block 3; Lots 2 and 3, Block 4, all in Evermoor Glendalough 76 Addition, Dakota County, Minnesota. Outlot D, Evermoor, Dakota County, Minnesota. EXHIBIT November 18, 2007 City of Rosemount > 2875— 145th Street West 1 Rosemount,MN 55068 4 ! NOV 2 0 2007 Dear Honorable Mayor and Members of the City Council: 4�LL` fu y On October 30th I had the opportunity to meet with Kim Shoe-Corrigan and Jason Lindahl regarding architectural changes requested by Lennar for the Glendalough community. I want to thank you for your time in listening and taking into consideration our request to add four new house plans into our current offering. Lennar's request for these changes would better meet the current demand of our buyers in today's market conditions. Our entire proposed plan offers highly demanded features such as four bedrooms on upper level, loft on the upper level and upper floor laundry. Even though the initial request was viewed as dramatic, we feel the architectural integrity of the neighborhood would not be compromised. We believe the changes will open more opportunities for buyers and advance the development of Glendalough. Even though we requested four plans be added, we came to the agreement with staff, that three plans be added and three plans be discontinued. During our meeting it was requested that an itemized list of changes be submitted. Changes being made to current house plans in this community followed: Added Floor Plans • Ramsey • Sibley • Longfellow Discontinued Floor Plans • Colonist • Bungalow • Farmhouse It was also mutually agreed upon with staff, that the Homesteader plan which was in our initial request to be eliminated will continue to be offered in this community to provide a plan with a fully recessed garage. 545 Indian Mound East,Wayzata,MN 55391 • Phone: 952-473-0993 • Fax:952-476-0194 Cr LENNAR.COM o : I am confident these changes will support the vision we share with the City of Rosemount in shaping the future of Glendalough. Attached are the floor plans which outline the various elevations of each plan as well as a minor PUD amendment application. Once again, thank you and please do not hesitate to contact me if you have any questions or need further clarification. Kindly, Lennar Corporation Denise Boyles Director of Sales—St. Paul 545 Indian Mound East,Wayzata,MN 55391 • Phone: 952-473-0993 • Fax: 952-476-0194 Cr LENNAR.COM oR . I tendatough American Heartland Series orEVERM®R Lancaster home plan ,, . Y-d'`k ,�` : *4i Ft kit { + - 1ilk: c r a t i1 {1 f �n 11� 1 ti.5n w �. n ai !I 1 1 ! -1 O F W„ �'1 rt '� 1 V p :F u6 ( d u ,z. : 1 a •i• 3�,� , �kR • fr; I ./ dx-wfi4�'14{J r `dA t , 4 ri F 1 l 7 r ''1 ' + d �)+,.K tiF• t,,Y .t x +T r r 1 1 : J 1 Yi'it :,.,.,:.;.;,,t7.••,:.., ji 7 l J r 1 t }he' K ?r +r, PP ri lk r+ V!3 f?'„.„,„,„:0 J,.,1 ,•t i' ? ,, i 1 . • 1 1 1 1 (/ .,Y x y r n 1 , / �' . � j't{+ 1. tapat•' I'':illrtm Y..i 4 7 dr�uzp��'F1 i"• Itt 'S ,. 1 ( J `r 1 i, { t-i: + 1 ,:. Z ,6_0y4;.,1�;•,r1� i hei 1•i i '.,r jrNly�gti _ -:.*�-•.r• I R(7 L��` , �,y �.m�'l}�� ` • . I` r� A :-.:.--I: i ! 1 '• �� t�}w r x r� — iv _ �.illlllll� S At sty.c?ci.!;:. Y+., ,,? 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F t'- i.tip d ro.^�+:h7 1 2d W}r . r. i!a fiiij -�r I 'F-, �-,i ,- •u } .c ...:%..n.:..3:4,e.,e., a ,, .` . fi::r,:> .. .. a;+ - am.m+M. t'}l.i:r rc '.. 4''•:+t a", uc'i r. Four Square French Colonial c r' t p it l r : I�11 in'1I`Wli !i Irj1 t ; tt , '1. . ii P „f r fl Y \ r' h r t_ ,,: 1 f1i 1 1 i. 1p ":''. 'T.-4''S: j: [..L: ., L..4,1 2 '-' '1- -j 'M - • 1 Cape Cod LE NjNAMItb 42..0,7r40+r..lntcgritjt,.'::... - Everything's Included'Homes EXHIBIT A www.lennar.com The artist rendering is an illustration only,it Is approximate and is subject to change.Optional brick or stone may be shown. MN Builder License#1413. Floo plans,prices,standard features&optional Features are sublets to change without notice.p 2006 Lennar Corpo anon. WI Builder License#923223. Rev.OS/Ol/07 Lennar Corporation reserves the right to make changes t+•ithout prior nobce.Stated dimensions St square footages are approximate.