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HomeMy WebLinkAbout20250304 CC RM Packet AGENDA City Council Regular Meeting Tuesday, March 4, 2025 7:00 PM Council Chambers 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA 3. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS a. Minnesota Valley Transit Authority Presentation 4. RESPONSE TO PUBLIC COMMENT 5. PUBLIC COMMENT Individuals will be allowed to address the Council on subjects that are not a part of the meeting agenda. Typically, replies to the concerns expressed will be made via letter or phone call within a week or at the following council meeting. 6. CONSENT AGENDA a. Bill Listings b. Minutes of the February 18, 2025 Regular Meeting Minutes c. Joint Powers Agreement with State of Minnesota d. Authorize Creation of the Deputy PW Director e. Ball Field Use Agreement - ISD #917 f. Items Related to Rosecott Place Apartments Development g. Amber Fields 6 Subdivision Agreement 7. PUBLIC HEARINGS 8. UNFINISHED BUSINESS 9. NEW BUSINESS a. Request by Magellan Land Development for approval of rezoning land from A-2 - Agricultural to R-2 - Low to Medium Density Residential, and a Preliminary Plat to develop 58 townhome units. b. Adoption of City Council Goals and Strategic Directions 10. ANNOUNCEMENTS a. City Staff Updates Page 1 of 148 b. Upcoming Community Calendar 11. ADJOURNMENT Page 2 of 148 EXECUTIVE SUMMARY City Council Regular Meeting: March 4, 2025 AGENDA ITEM: Minnesota Valley Transit Authority Presentation AGENDA SECTION: PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS PREPARED BY: Logan Martin, City Administrator AGENDA NO. 3.a. ATTACHMENTS: APPROVED BY: LJM RECOMMENDED ACTION: Presentation only. BACKGROUND Minnesota Valley Transit Authority (MVTA) representatives will be present to introduce themselves and provide a conversation on the MVTA's current priorities. RECOMMENDATION Presentation only. Page 3 of 148 Page 4 of 148 Page 5 of 148 Page 6 of 148 Page 7 of 148 Page 8 of 148 Page 9 of 148 Page 10 of 148 Page 11 of 148 Page 12 of 148 Page 13 of 148 Page 14 of 148 Page 15 of 148 Page 16 of 148 Page 17 of 148 Page 18 of 148 Page 19 of 148 Page 20 of 148 Page 21 of 148 2/28/25 Page 22 of 148 ROSEMOUNT CITY COUNCIL REGULAR MEETING PROCEEDINGS FEBRUARY 18, 2025 CALL TO ORDER/PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, a regular meeting of the Rosemount City Council was held on Tuesday, February 18, 2025, at 7:00 PM. in Rosemount Council Chambers, 2875 145th Street West. Mayor Weisensel called the meeting to order with Councilmembers Freske, Essler, Theisen and Klimpel. APPROVAL OF AGENDA Administrative Services Director, Malecha, noted item 6.k. Lifetime Change Order has been added to the agenda. Motion by Weisensel Second by Essler Motion to approve the agenda with the addition of item 6.k. Ayes: 5. Nays: None. Motion Carried. PRESENTATIONS, PROCLAMATIONS AND ACKNOWLEDGMENTS a. Police Officer Oath of Office Mayor Weisensel paused for a moment of silence to honor the two officers and firefighter who lost their lives in the line of duty in Burnsville one year ago today. Police Chief Dahlstrom introduced Officer Clay Morgel and Clerk Fasbender issued the oath of office. RESPONSE TO PUBLIC COMMENT None. PUBLIC COMMENT Mark Enochs 3574 Clare Downs Path Mr. Enochs of the Rosemount Community Band thanked the City Council for their financial contribution in supporting the commissioned piece of music. Page 23 of 148 CONSENT AGENDA Motion by Theisen Second by Klimpel Motion to approve consent agenda Ayes: 5. Nays: None. Motion Carried. a. Bill Listings b. Minutes of the January 30, 2025 Special Work Session Proceedings c. Minutes of the February 4, 2025 Regular Meeting Minutes d. Minutes of the February 4, 2025 Work Session Proceedings e. Municipal State Aid Mileage Revision f. Accept Caramore Crossing 1st and 2nd Additions g. Request by Greg Steininger for Renewal of a SME Permit h. Request by Maplewood Development for Amber Fields 21st Final Plat i. Prestwick Place 24 Addition, Accept Improvements j. Donation Acceptance from Merchants Bank k. Lifetime Change Orders #14 and #15 PUBLIC HEARINGS None. UNFINISHED BUSINESS None. NEW BUSINESS a. Request by North Wind Test, LLC., for Preliminary and Final Plat approval and rezoning of 60 acres from A-2 to B-2 Senior Planner Nemcek presented the request from the applicant to develop an aerospace research and testing facility on the 60-acres located immediately south of Meta's data center project and west of Blaine Avenue. In addition to the primary parcel, the plat also includes a parcel in the northeast corner of the site that will be the location of a future substation to serve the site. The planning commission and staff are recommending approval of the requests. The applicant, North Wind Test, LLC, was present to provide an overview of their plans. In addition, the applicant noted the strong partnership they have and will continue to have with the University of Minnesota. Staff noted the plans are in preliminary status and once plans are submitted, the plans will go to the Planning Commission first. North Wind assumes approximately 100 employees, a five-year timeline to get all three facilities operational and the facility would utilize the same road Meta uses for an entrance. Motion by Essler Second by Theisen Motion to adopt an ordinance rezoning of the subject parcel from A-2 Agriculture to B-2 Employment.Page 24 of 148 Ayes: 5. Nays: None. Motion Carried. Motion by Essler Second by Klimpel Motion to adopt a resolution approving the North Wind Addition preliminary and final plats, subject to conditions. Ayes: 5. Nays: None. Motion Carried. ANNOUNCEMENTS a. City Staff Updates Council member Freske noted the upcoming Bingo Bash on March 1st as part of a fundraiser for Leprechaun Days. b. Upcoming Community Calendar Mayor Weisensel reviewed the calendar of events and upcoming meetings. ADJOURNMENT There being no further business to come before the City Council at the regular council meeting and upon a motion by Weisensel and a second by Essler the meeting was adjourned at 7:30 p.m. Respectfully submitted, Erin Fasbender City Clerk Page 25 of 148 EXECUTIVE SUMMARY City Council Regular Meeting: March 4, 2025 AGENDA ITEM: Joint Powers Agreement with State of Minnesota AGENDA SECTION: CONSENT AGENDA PREPARED BY: Kip Springer, Fire Chief AGENDA NO. 6.c. ATTACHMENTS: Joint Powers Agreement APPROVED BY: LJM RECOMMENDED ACTION: Staff is recommending that the City Council approve the Joint Powers Agreement as attached. BACKGROUND All entities and organizations that access state and federal criminal history record information through the Minnesota Bureau of Criminal Apprehension must have an executed non-criminal justice agency Joint Powers Agreement (NCJA JPA) with the BCA. The attached agreement details various requirements of state and federal law addressing the access, transfer, usage, safeguarding and destruction of criminal history data. This contract will bind both parties and is required for your agency to obtain and use criminal history record information. This Agreement allows the Fire Department authorized representative to request and receive information from background checks for the purpose of firefighter hiring eligibility. RECOMMENDATION Staff is recommending that the City Council approve the Joint Powers Agreement as attached. Page 26 of 148 DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 1 Joint Powers Agreement State of Minnesota Federal Background Checks ORI – NCJMN0154 SWIFT Contract # 260984 This Agreement is between the State of Minnesota, acting through its commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Rosemount on behalf of its Fire Department ("Governmental Unit”). Recitals 1 Under Minnesota Statutes § 471.59, the BCA and Governmental Unit are empowered to engage in such agreements as are necessary to exercise their powers. 2 The BCA is the State Identification Bureau for the State of Minnesota and is responsible for fingerprint identification services including submission of civil, fingerprint-based background checks to the Federal Bureau of Investigation (“FBI”) subsequent to conducting Minnesota records checks. 3 The Governmental Unit has a state statute, Minnesota Statutes, § 299F.035, that has been approved by the United States Attorney General as compliant with Public Law 92- 544. 4 The Governmental Unit wants to access federal data in support of its duties to conduct background checks as provided by law. 5 The purpose of this Joint Powers Agreement is to memorialize the requirements for Governmental Unit to obtain access and the limitations that apply to the information that Governmental Unit obtains. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minnesota Statutes § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 Request Submission. Governmental Unit agrees that it will collect fingerprints from those individuals for whom a Minnesota and federal fingerprint-based background check will be conducted. Governmental Unit will forward the fingerprints and other documentation to the BCA. The fingerprints will be captured so they meet the requirements of National Institute of Standards and Technology Special Publication 500-290. The Governmental Unit will ensure that all fields required on the fingerprint card are completed. Fingerprints received by Governmental Unit will be forwarded to the BCA using a secure method. 2.2 Request Processing. On receipt of fingerprints that conform to the requirements of Clause 2.1, the BCA will conduct a check of the Minnesota criminal history repository Page 27 of 148 DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 2 for any records that match the fingerprints submitted. Any results of a fingerprint match in Minnesota will be returned to the Governmental Unit with the federal results. The BCA will also forward the fingerprints to the FBI for processing. The BCA will receive the response from the FBI, redact any data the Governmental Unit is not entitled to receive and forward the results to the Governmental Unit. 2.3 Policies. The FBI and BCA have laws and policies on access, use, audit, dissemination, screening (pre-employment), security, training, and use of the criminal history results. These FBI and BCA policies, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us//noncrim/launchpad/index.pl. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. 2.4 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.5 Requirement to Update Information. The parties agree that if there is a change to any of the information, whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. 2.6 Compliance with Personnel Security Requirements. Per Minnesota Statutes § 299C.46, employees of a Governmental Unit who review results of background checks will be required to take security awareness training and pass a federal, fingerprint-based background check. Any information technology staff who support the work of Governmental Unit and who have physical or logical access to criminal history information will also be required to take security awareness training and pass a federal, fingerprint-based background check and may need to sign a security addendum certification. All required training by Governmental Unit employees will be completed prior to reviewing or handling background checks. 3 Payment Governmental Unit will pay the BCA for all services performed under this Agreement. For each background check that is processed by BCA, Governmental Unit will pay the fee identified at https://dps.mn.gov/divisions/bca/Documents/Background-check-fees.pdf. There is an additional $10.00 fee if the fingerprints are taken at BCA. 4 Authorized Representatives BCA's Authorized Representative is the person below, or her successor: Name: Diane Bartell, Deputy Superintendent Address: Dept. of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue East Saint Paul, MN 55106 Telephone: 651.793.2590 Email Address:Diane.Bartell@state.mn.us Governmental Unit’s Authorized Representative is the person below, or his/her successor: Page 28 of 148 DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 3 Name: Kip Springer, Fire Chief Address: 14700 Shannon Pkwy Rosemount, MN 55608 Telephone: 651.332.6910 Email Address:kip.springer@rosemountmn.gov 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except that described in Clause 2.5 above, must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability The BCA and the Governmental Unit agree each party will be responsible for its own acts and behavior and the results thereof to the extent authorized by law and shall not be responsible or liable for the acts of any others and the results thereof. The BCA’s liability shall be governed by provisions of the Minnesota Torts Claims Act, Minnesota Statutes § 3.736, and other applicable law. The Governmental Unit’s liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. 7 Audits 7.1 Under Minnesota Statutes § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, State Auditor, or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law and policy, the Governmental Unit’s records are subject to examination by the BCA and the FBI to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 8 Government Data Practices 8.1 BCA and Governmental Unit. The BCA and Governmental Unit must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minnesota Statutes §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the BCA or the Governmental Unit. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Page 29 of 148 DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 4 Governmental Unit. 9.1 Investigation. Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions. 9.2.1 Under this Agreement, Governmental Unit must determine if and when an involved Individual User is disciplined due to inappropriate use of data. Governmental Unit may decide to suspend or terminate access and the decision must be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to temporarily suspend or eliminate an Individual User’s access to data and will notify Governmental Unit if an Individual User is affected. 9.2.2 If the BCA determines the Governmental Unit has jeopardized the integrity of the information, BCA may temporarily stop providing some or all the information under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within 30 days of the affected party receiving that notice. 12 E-Verify Certification (In accordance with Minnesota Statutes § 16C.075) For services valued in excess of $50,000, Governmental Unit certifies that as of the date of services performed by the BCA, Governmental Unit and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify Program for all newly hired employees in the United States who will perform work on behalf of the Page 30 of 148 DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 5 Governmental Unit. Governmental Unit is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Governmental Unit and made available to the BCA upon request. 13 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and 10. Venue. BCA and the Governmental Unit indicate their agreement and authority to execute this Agreement by signing below. GOVERNMENTAL UNIT Governmental Unit certifies that the appropriate person(s) has(have) executed this Agreement on behalf of the Governmental Unit and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION By and Title: _____________________________________________________ ______________ (with delegated authority) Date COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: _____________________________________________________________ ______________ Date Page 31 of 148 EXECUTIVE SUMMARY City Council Regular Meeting: March 4, 2025 AGENDA ITEM: Authorize Creation of the Deputy Public Works Director Position AGENDA SECTION: CONSENT AGENDA PREPARED BY: Teah Malecha, Administrative Services Director Nick Egger, Public Works Director AGENDA NO. 6.d. ATTACHMENTS: Deputy Public Works Director APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the job description and salary range for the Deputy Public Works Director position effective March 4, 2025. BACKGROUND As discussed during the 2025 Budget process, staff recommends the creation of a Deputy Public Works Director position. With the continued pace of development in Rosemount, the Public Works Department requires additional technical and project management capacity to effectively manage both new and existing infrastructure. Expanding in-house expertise will improve project scoping, bidding, contract management, and public responsiveness while reducing reliance on outside consultants. A position analysis of the Deputy Public Works Director role was completed utilizing the SAFE Evaluation System to determine pointing, compensation, and grade placement. It is recommended that the position be placed at Grade 20 ($124,684 – $156,010) and assigned 535 points based on the nature and scope of the position, other position responsibilities within the City, and pay equity data. The draft job description is attached. This position was budgeted for in 2025. Once approved, staff intends to move forward with recruiting and filling this position as soon as possible. RECOMMENDATION Staff recommends the City Council approve the job description and salary range for the Deputy Public Works Director position effective March 4, 2025. Page 32 of 148 City of Rosemount, Minnesota Job Description Baker Tilly’s SAFE® System Page | 1 Title: Deputy Public Works Director FLSA Status: Exempt Department Public Works Updated: 1/1/2025 Division: General Summary The Deputy Public Works Director will provide moderate to complex technical, administrative, supervisory, and management level services for the Public Works Department, working on a variety of projects, processes, and procedures. This position will perform infrastructure design review, construction project coordination and management, and engineering coordination and consultation with other Public Works divisions. The Deputy Public Works Director will assist with preparation of annual budget, annual Capital Improvement Plan (CIP) updates, annual Street Pavement Management Plan, and annual Trail Pavement Management Program, and various other maintenance programs. The position will supervise the work of technical and maintenance staff on a project and/or task-specific basis as directed by the Public Works Director. Essential Functions • Serves as a resource and partner to City departments, providing expertise on technical and multi- departmental initiatives. • Manages assigned City-led capital infrastructure projects, ensuring timely and efficient completion. Reviews schedules, pay requests, and contract modifications and forwards for approval. Prepares public informational items to ensure the public affected by city construction projects is kept informed. Prepares and review municipal state aid pay requests as necessary. • Provides project management support to public works operational divisions on street, utility, parks, and fleet infrastructure maintenance projects, including project scoping, design, specification preparation. • Leads and assists with preparation and evaluation of requests for proposals relating to projects requiring contracted professional services; assists with preparation of project cost estimates for competitive bidding purposes; prepares for and assists with contract modifications and negotiations. • Collaborates with the City Engineer to align on departmental goals and project execution. • Assists the Public Works Supervisors and the City Engineer with observing and assessing staff performance within their respective divisions. • Supports coordination of engineering personnel and consulting firms, ensuring project compliance with City standards. Ensures that as-built information is collected and provided so it is available for future reference. • Coordinates construction projects with other government units, property owners and other parties which have an interest in the work and maintains a cooperative work relationship. • Works under the direction of the Public Works Director in preparation of the annual budget, and the Capital Improvement Plans and outlays, and to implement strategic objectives. • Remain current on all statutes, regulations, codes, specifications and construction practices and generally accepted engineering standards, including Municipal State-Aid Road Systems rules, regulations, standards, and procedures. • Answers and responds to questions, inquiries or complaints received from the public, other Divisions and/or outside agencies verbally and in writing. Screens contacts for the Public Works Director and handles inquiries independently. Researches background issues and formulates responses and solutions to inquiries. Page 33 of 148 City of Rosemount, Minnesota Job Description Baker Tilly’s SAFE® System Page | 2 • Prepares a variety of written reports, correspondence, and studies. Makes presentations to various groups. • Provides development review comments and perspectives. • Attends and participates in meetings with City Council and City Commissions as requested or apparent. • Serves as temporary supervisor of all public works operations in the absence of the Public Works Director. • Performs other duties as assigned. Knowledge, Skills and Abilities • Strong technical aptitude and skills for project management and day to day administration. • Strong understanding of a broad range of municipal infrastructure maintenance and construction specifications, materials, technologies, means and methods. • Knowledge of municipal organization operations and development procedures and practices. • Working knowledge of the principles and practices of civil engineering, as well as the standards and construction techniques as applied to the development, construction, and maintenance of municipal infrastructure. • Proficient with Microsoft Office Suite. • Knowledge and experience with GIS systems and data. • Ability to develop and maintain effective working relationships with City personnel, staff of other agencies and the general public. • Ability to work independently, determine priorities, work collaboratively, and make appropriate decisions based on city policy, standards and requirements. • Ability to communicate clearly and tactfully both verbally and in writing. • Ability to manage numerous projects in various stages of progress to include consultants, contractors, other review/regulatory agencies. Minimum Qualifications • Bachelor’s degree in civil engineering or closely related field • Five years of progressively responsible professional municipal civil infrastructure design, construction, and/or project management experience. • Proficient in Microsoft Office Programs. • Valid Driver’s License. Desirable Qualifications • Seven years of progressively responsible Civil Engineering or equivalent project management experience. • Professional Engineer (PE) licensure in the State of Minnesota. • Familiarity and working history with special assessments under MN Statutes, Chapter 429. • Certified SWPPP Plan Preparer. • Previous supervisory experience. • Municipal and/or public sector consulting experience. • Cartegraph/other asset management software, CAD, GIS and GPS systems experience. • Public speaking/presentation experience. Working Conditions Page 34 of 148 City of Rosemount, Minnesota Job Description Baker Tilly’s SAFE® System Page | 3 Physical Requirements and Activity This work requires the regular exertion of up to 10 pounds of force and occasional exertion of up to 25 pounds of force; work regularly requires standing, walking, sitting, speaking or hearing, using hands to finger, handle or feel, reaching with hands and arms and repetitive motions, frequently requires stooping, kneeling, crouching or crawling and pushing or pulling and occasionally requires climbing or balancing, tasting or smelling and lifting. Sensory Requirements Work has standard vision requirements; vocal communication is required for expressing or exchanging ideas by means of the spoken word and conveying detailed or important instructions to others accurately, loudly or quickly; hearing is required to perceive information at normal spoken word levels and to receive detailed information through oral communications and/or to make fine distinctions in sound. Sensory Utilization Work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts, use of measuring devices, operating motor vehicles or equipment and observing general surroundings and activities. Environmental Conditions Work occasionally requires exposure to outdoor weather, near moving equipment, be exposed to wet and/or humid conditions and near fumes, airborne particles and toxic or caustic chemicals; work is generally in a moderately noisy location (e.g. business office, light traffic). The statements in this class description are intended to describe the general nature and level of work being performed by incumbent(s) assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties, and skills required of personnel so classified. To perform this job successfully, an individual must be able to perform each essential function satisfactorily. Reasonable accommodations may be made to enable an individual with disabilities to perform the essential functions. Page 35 of 148 EXECUTIVE SUMMARY City Council Regular Meeting: March 4, 2025 AGENDA ITEM: Ball Field Use Agreement - ISD #917 AGENDA SECTION: CONSENT AGENDA PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.e. ATTACHMENTS: Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the Ball Field Use Agreement with ISD #917. BACKGROUND Intermediate School District (ISD) #917 owns property in Rosemount along Biscayne Avenue, just north of 145th Street and across from the National Guard maintenance facility. The site is home to the Alliance Education Center that includes a school, playground, small ball field, green space and parking areas. The Parks and Recreation Department has used ISD #917’s ball field area for the past several years to host our evening youth t-ball program. City staff has again inquired about using the ball field for recreational programs that would take place in the evening hours during the months of June and July. Because the school has little or no evening activity, the site would provide space to accommodate the program. The ball field is located just northeast of the school building. Attached is an agreement that would allow the City to have limited access to the ball field on the ISD #917 – Alliance Education Center property. RECOMMENDATION Staff is recommending the City Council approve the Ball Field Use Agreement with ISD #917 Page 36 of 148 383097v2 RS215-7 1 BALLFIELD USE AGREEMENT THIS AGREEMENT entered into this ___ day of ________, 2025, is by and between Intermediate School District No. 917, a Minnesota intermediate school district (“School”), and the City of Rosemount, a Minnesota municipal corporation (“City”). RECITALS WHEREAS, School has a ballfield located at 14300 Biscayne Ave. (“Ballfield”) that is suitable for the instruction of youth T-ball and soccer; WHEREAS, City’s park and recreation department provides youth T-ball and soccer instruction within the City; WHEREAS, it is in the best interests of the citizens of the City that City work cooperatively with School; WHEREAS, City desires to use, and School agrees to let City use, the School’s Ballfield for the instruction of youth T-ball and soccer; and AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties contained herein, each of them does hereby represent, covenant and agree with the other as follows: 1. Recitals. The above set-forth preamble and recitals are incorporated into and made a part of this Agreement. 2. Term and Extensions. The term of this Agreement commences on June 1, 2025 and will terminate on July 31, 2025, unless extended or earlier terminated by the mutual written consent of the parties. 3. Exclusive Use of the Ballfield and Parking Lot. School permits City exclusive use of the Ballfield on Monday, Tuesday, Wednesday and Thursday evenings from 5:00 p.m. until 9:00 p.m. City is not required to use the Ballfield each of the evenings. School will not schedule any other events on the Ballfield while City has the exclusive use of the Ballfield. School also permits City nonexclusive use of the parking lot at the Alliance Education Center during the same periods for use of persons using the Ballfield. 4. Litter Removal. City will remove the litter and refuse generated during its use of the Ballfield as described in this Agreement. 5. Ballfield Equipment. School will provide City with the use of a pre-existing backstop at the Ballfield. School is not obligated to provide City with any equipment other than the aforementioned backstop. Any other equipment City may require for its instruction of T-ball or soccer at the Ballfield shall be provided by City. Page 37 of 148 383097v2 RS215-7 2 6. Maintenance of the Ballfield. School will cut the Ballfield in accordance with its normal lawn maintenance schedule and practices and School will otherwise maintain the Ballfield in a reasonable condition for youth athletics. School will not apply chemicals to the Ballfield without prior notice to City. 7. Payment. City will pay School one payment of $1,000 for School’s maintenance of the Ballfield as set forth in this Agreement. 8. Negligence. Each party shall conduct its activities under this Agreement so as not to endanger any person or property on the Ballfield. Each party is responsible for its own negligence. 9. Insurance. Each party agrees to maintain a policy of general liability insurance in the minimum amount of at least $1,000,000 per occurrence to protect it from any and all claims for injuries or damages occurred or incurred by virtue of the activities arising out of this Agreement. 10. No Waiver. Nothing in this Agreement shall be construed as a waiver by either party of the immunities set forth in Minnesota Statutes, Chapter 466. 11. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota. 12. Cooperation. It is understood by the parties that other questions may arise during the term of this Agreement. The parties pledge their cooperation to resolve any questions for the public’s benefit. 13. Compliance with Other Laws. The parties agree to and shall abide by, conform to and comply with all of the laws, rules, and regulations of the United States, the State of Minnesota, and the City including the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 15. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and Owner and supersedes any other written or oral agreements between the City and Owner. This Agreement can only be modified in writing signed by the City and the Owner. 16. Titles of Articles and Sections. Any titles of the several parts and sections of this Agreement are inserted for convenience or reference only and shall be disregarded in construing and interpreting any of its provisions. 17. Any notice, request, or other communication provided pursuant to this Agreement by a party to the other party to this Agreement shall be sufficiently given or delivered if sent by first class mail, postage prepaid, or delivered personally, as follows: Page 38 of 148 383097v2 RS215-7 3 a. To City: Director, Parks and Recreation Department, City of Rosemount, 13885 South Robert Trail, Rosemount, MN 55068. b. To School: Superintendent, ISD 917, 1300 145th Street East, Rosemount, MN 55068. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed in their behalf by their authorized representatives on or as of the date first above written. CITY OF ROSEMOUNT, MINNESOTA By: ____________________________________ Its Mayor By: ____________________________________ Its Clerk INTERMEDIATE SCHOOL DISTRICT NO. 917 By: ____________________________________ Its Superintendent By: ____________________________________ Its Board Chair Page 39 of 148 EXECUTIVE SUMMARY City Council Regular Meeting: March 4, 2025 AGENDA ITEM: Items Related to Rosecott Place Apartments Development AGENDA SECTION: CONSENT AGENDA PREPARED BY: Brian Erickson, City Engineer AGENDA NO. 6.f. ATTACHMENTS: Subdivision Agreement, Temp Access Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve: 1. Revised Subdivision Agreement for Lot 1, Block 1 Rosecott Place Apartments 2. Access Agreement BACKGROUND On November 6, 2023, City Council approved subdivision agreements for both Lot 1 and Lot 2 of the Rosecott Place Apartments plat. Since that time, construction on Lot 2 is nearly complete and Lot 1 is planned for construction in 2025. Initially, the developer planned for the work on Lot 1 to be performed concurrently; however, there was some additional effort that Schafer-Richardson needed to complete before being able to begin construction. Some minor changes to the Subdivision Agreement are needed since the original agreement was never fully executed. Changes include a revision to the signatory, and some minor updated language within the text of the agreement. The planned access for all residents is from Adalyn Avenue once all construction is complete. However, because of the delay in work on Lot 1, the residents' access would be through a construction zone. In an effort to avoid conflicts, the developer has requested that the current temporary construction access from Connemara Trail be allowed to remain for the new residents until early next year. That access will then be removed, the curb will be replaced and any unneeded pavement removed. Because of the roundabout at Connemara and Akron being constructed in 2026, that access will need to be removed by April 30, 2026 at the latest. RECOMMENDATION Staff recommends the City Council approve the attached Subdivision and Temporary Access Agreements and authorize the Mayor and City Clerk to enter into those agreements. Page 40 of 148 Rosecott Place Apartments Addition July/2023 SUBDIVISION AGREEMENT Rosecott Place Apartments Addition AGREEMENT dated this _____ day of ________________________ 2025, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and Copper Apartments, LLC, a Minnesota limited liability company (the "Developer"). 1. Request for Plat Approval. The Developer has previously asked the City to approve the subdivision of land and a plat of land to be known as Rosecott Place Apartments, which land is legally described on ATTACHMENT ONE, attached hereto and hereby made a part hereof (the “Platted Property”). In accordance with this Agreement, the Developer intends to perform certain obligations with respect to Lot 1, Block 1 of the Platted Property (the “Subject Property”). Notwithstanding the foregoing, except where otherwise stated the terms and conditions of this Agreement shall apply to the Subject Property. 2. Conditions of Plat Approval. The City has previously approved the subdivision and the plat on the following conditions, which plat has now been recorded as of the date of this Agreement: a. Execution of a Subdivision Agreement. b. Adherence with the conditions of the Preliminary and Final Plat approvals for Rosecott Place Apartments Addition. c. Conformance with all requirements of the City Engineer’s memorandum dated September 16, 2022. d. Compliance with the conditions and standards within the Park and Recreation Director’s memorandum dated September 21, 2022. e. Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. f. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. g. Provision of $33,000 for landscaping surety for Lot 1, Block 1. h. Provision of $352,500 for Fee-In-Lieu of Park Dedication for the Lot 1, Block 1. Page 41 of 148 Rosecott Place Apartments Addition July/2023 As of the date of this Agreement, the City has approved the Developer’s plans which satisfy the requirements set forth in Section 2(c), (d), and (f). 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 and additional fees and security may be required by the owner or developer of such phases at that time. 4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans. The Subject Property shall be developed in accordance with the following plans, 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 Plan F – Street Lights – Not Applicable 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 the “Public Improvements”) will be designed by the Developer and must be approved by the City Engineer; provided, however, that, for the avoidance of doubt, the Developer has no obligations to construct improvements within the public right-of-way known as Adalyn Avenue (but shall be responsible for any damage within the public right-of-way caused by the Developer or its contractors). The Developer will prepare plans and specifications for Public Improvements which shall be approved by the City Engineer. Such approvals shall not be Page 42 of 148 Rosecott Place Apartments Addition July/2023 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 in accordance with the approved plans for the Subject Property (the “Developer Improvements”): a. Surveying and staking b. Surface improvements (paved streets, sidewalks, 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. 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 within eighteen (18) months from the date of this Agreement, 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 within eighteen (18) months from the date of this Agreement. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. [This Section Intentionally Left Blank] 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 City with a cash deposit or irrevocable letter of credit from a local bank (“Security”) in the amount of Sixty-Eight Thousand One Hundred Fifteen Dollars ($68,115). Additional security will be required as part of the development of Block 1, Lot 2 of the Rosecott Place Apartments Addition. The amount of the security was calculated as follows: Page 43 of 148 Rosecott Place Apartments Addition July/2023 Refer to Exhibit A for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with 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 commence curing said default(s) and is diligently proceeding to cure said default(s) within two (2) weeks of receiving notice (with the exception of emergency situations), the City may draw on the letter of credit and take such steps as it deems necessary to remedy the default. With City approval (such approval not to be unreasonably withheld), 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. In addition, with City approval (such approval not to be unreasonably withheld), in the event the Security is in the form of an letter of credit, prior to the full release of the Security, the Developer may replace said letter of credit with a cash escrow or a combination of a cash escrow and a letter of credit in an amount equal to the then-current Security. 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 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 inspections deemed appropriate by the City. Such license shall terminate as to all lots within the Subject Property Item Cost 110%Calculation Grading and Erosion Control 20,335$ 22,369$ $3500/ac x 5.81 acres. Pond Restoration and Erosion Control Removal 11,088$ 12,197$ Survey Monumentation 500$ 550$ $500/lot x 1 lots Landscaping 30,000$ 33,000$ Per City Planner (100 trees x $300) Street Lights -$ -$ $7500/light x 0 lights Surface Improvements -$ Private Improvements Water Main Improvements -$ Private Improvements Sanitary Sewer Improvements -$ Private Improvements Storm Sewer Improvements -$ Private Improvements Total 61,923$ 68,115$ Letter of Credit for Developer Improvements (due with signed agreement) Page 44 of 148 Rosecott Place Apartments Addition July/2023 upon acceptance by the City of the Public Improvements. Notwithstanding the foregoing the City retains all authority to perform inspections authorized or required by law. 13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. All basement and/or foundation excavation spoil piles shall be kept completely off City right- of-way and shall be surrounded completely with an approved erosion control silt fence. Approved erosion control fencing shall be installed around the perimeter of each lot or at City-approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20-foot opening will be allowed on each lot for construction deliveries. The parties recognize that time is 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 spoil piles. The City will attempt to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s or City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed, and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. 14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the City Planner. 15. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or 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 construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 16. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Public Improvements lying within public rights- of-way and easements shall become City property without further notice or action unless the improvements are specifically identified herein as private infrastructure, and at such time the Page 45 of 148 Rosecott Place Apartments Addition July/2023 City shall be responsible for all maintenance, repair, and improvement of the same except as otherwise set forth in this Agreement. 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 31st 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 Twelve Thousand Seven Dollars ($12,007) shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: Page 46 of 148 Rosecott Place Apartments Addition July/2023 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 project 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 full. Bills not paid within thirty (30) days shall accrue interest at the rate of six percent (6%) per year. 19. Indemnification. The Developer shall hold the City and its officers, 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. 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 $2,000,000 for any number of claims arising out of a single occurrence, and twice said limits when the claim arises out of the release or threatened release of a hazardous substance. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. 21. Park and Utility Fees. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of execution of this agreement by the City: Item Cost Engineering Fees 6,653$ Attorney Fees 1,331$ 5% City Administrative Fees 3,326$ Street Light Energy Cost -$ GIS Fees 697$ Trail Fog Seal -$ Seal Coating -$ Total 12,007$ 0 lights x 24 months x $30/month $120/acre x 5.81 acres $0.35/SF x 0 SF $1.70/SY x 0 SY City Fees (due with signed agreement; based on Block 1, Lot 1) Calculation Estimate Page 47 of 148 Rosecott Place Apartments Addition July/2023 a. Park dedication fees in the amount of $352,500 b. Storm Sewer Trunk Area Charges in the amount of $39,886 c. Sanitary Sewer Trunk Area Charges in the amount of $6,246 d. Watermain Trunk Area Charges in the amount of $37,765 Or other amounts for such fees as in effect at the time of plat approval. 22. Service Charges. The Developer understands that it will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permit(s) for the Subject Property. 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 per SAC unit (current rate is $2,485). b. Storm Sewer Connection Charges per commercial and industrial of $2,270/acre. 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 for the Subject Property 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 with respect to the Subject Property 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 within two (2) weeks of receiving notice from the City (with the exception of emergency situations), the City may, at its option, perform the work and the Page 48 of 148 Rosecott Place Apartments Addition July/2023 Developer shall promptly reimburse the City for any expense incurred by the City. 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. a. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply, provided the Developer is first given two (2) weeks’ notice and opportunity to cure (with the exception of emergency situations). Upon the City’s demand, the Developer shall cease work until there is compliance, provided the Developer is first given two (2) weeks’ notice and opportunity to cure (with the exception of emergency situations). b. Third parties shall have no recourse against the City under this Agreement. c. Breach of the terms of this Agreement by the Developer which is not cured as required hereunder shall be grounds for denial of building permits for the Subject Property. d. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer assumes all liability and costs resulting in delays in completion of Public Improvements and damage to Public Improvements caused by the City, 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. 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 Page 49 of 148 Rosecott Place Apartments Addition July/2023 by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. h. The Developer may not assign this Agreement without the written permission of the City Council, which consent shall not be unreasonably withheld. i. The Developer acknowledges that the City may issue additional requirements outside of the 2024 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines as the City is in the process of updating 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 2024 General Specifications and Standard Details Plates for Street and Utility Construction or the 2008 Engineering Guidelines. j. The City acknowledges and agrees that with respect to the City’s rights as a third-party beneficiary of that certain Declaration of Covenants, Conditions and Restrictions Prestwick Place Master Development Plan Planned Unit Development Agreement dated November 7, 2007, filed March 10, 2008, as Document No. 2576606 and 624799 (the “Declaration”), this Agreement supersedes and replaces the Declaration with respect to the Platted Property. k. Dakota County Housing and Redevelopment Authority and the City entered into that certain Subdivision Agreement March 20, 2018, filed for record January 9, 2019, in the Office of the County Recorder of Dakota County, Minnesota as Document No. 3287901, pertaining to a portion of Subject Property (collectively referred to as the “2018 Subdivision Agreement”). This Subdivision Agreement supersedes and replaces the terms of the 2018 Subdivision Agreement as applied to the Subject Property. 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: Copper Apartments, LLC Attn: Peter Orth 901 North Third St, Suite 100 Minneapolis, MN 55401 With copy to: Copper Apartments, LLC Attn: General Counsel 901 North Third St, Suite 100 Minneapolis, MN 55401 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: Page 50 of 148 Rosecott Place Apartments Addition July/2023 City Administrator Rosemount City Hall 2875 145th Street West Rosemount, Minnesota 55068 [Remainder of page intentionally left blank.] Page 51 of 148 Rosecott Place Apartments Addition July/2023 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT By: Jeffery D. Weisensel, Mayor By: Erin Fasbender, City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _____________________ 2025, by Jeffery D. Weisensel, 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 [Signatures continue on following page] Page 52 of 148 Rosecott Place Apartments Addition July/2023 DEVELOPER COPPER APARTMENTS, LLC a Minnesota limited liability company By: SRD 2.0, LLC, a Minnesota limited liability company Its: Manager By: Name: Bradley J Schafer Its: President STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this _______________, 2025, by Bradley J. Schafer, the President of SRD 2.0, LLC, a Minnesota limited liability company, the Manager of Copper Apartments, LLC, a Minnesota limited liability company. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Page 53 of 148 Rosecott Place Apartments Addition July/2023 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 $25,000. Pond Restoration/Erosion Control Removal. A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket following development of 75 percent of adjoining lots (estimated lump sum). Survey Monumentation. An amount equal to 110% of the cost to monument all lots within the development. Landscaping. An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a surety for that cost is not required. Page 54 of 148 Rosecott Place Apartments (Lot 1 - Copper) EXHIBIT B (Page 1 of 2) No. Item Cost 110% Calculation 1 Grading and Erosion Control 20,335$ 22,369$ $3500/ac x 5.81 acres. 2 Pond Restoration and Erosion Control Removal 11,088$ 12,197$ 3 Survey Monumentation 500$ 550$ $500/lot x 1 lots 4 Landscaping 30,000$ 33,000$ Per City Planner (100 trees x $300) 5 Street Lights -$ -$ $7500/light x 0 lights 6 Surface Improvements -$ Private Improvements 7 Water Main Improvements -$ Private Improvements 8 Sanitary Sewer Improvements -$ Private Improvements 9 Storm Sewer Improvements -$ Private Improvements Total 61,923$ 68,115$ No. Item Cost 1 Engineering Fees 6,653$ 2 Attorney Fees 1,331$ 3 5% City Administrative Fees 3,326$ 4 Street Light Energy Cost -$ 5 GIS Fees 697$ 6 Trail Fog Seal -$ 7 Seal Coating -$ Total 12,007$ No. Item Cost 1 Storm Sewer Trunk Charge 39,886$ 2 Sanitary Sewer Trunk Charge 6,246$ 3 Water Trunk Charge 37,765$ 4 Park Dedication 352,500$ Total 436,396$ Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement; based on Block 1, Lot 1) Calculation $6500/acre x 5.81 acres $1.70/SY x 0 SY Development Fees (due before signed plat is released) $2,500/unit x 141 units Calculation $6865/net developable acre x 5.81 acres $1075/acre x 5.81 acres Estimate 0 lights x 24 months x $30/month $120/acre x 5.81 acres $0.35/SF x 0 SF Page 55 of 148 Rosecott Place Apartments (Lot 2 - Croft) EXHIBIT B (Page 1 of 2) No. Item Cost 110% Calculation 1 Grading and Erosion Control 25,515$ 28,067$ $3500/ac x 7.29 acres. 2 Pond Restoration and Erosion Control Removal 13,912$ 15,303$ 3 Survey Monumentation 500$ 550$ $500/lot x 1 lots 4 Landscaping 22,800$ 25,080$ Per City Planner (75 trees x $300) 5 Street Lights -$ -$ $7500/light x 0 lights 6 Surface Improvements -$ Private Improvements 7 Water Main Improvements -$ Private Improvements 8 Sanitary Sewer Improvements -$ Private Improvements 9 Storm Sewer Improvements -$ Private Improvements Total 62,727$ 69,000$ No. Item Cost 1 Engineering Fees 8,347$ 2 Attorney Fees 1,669$ 3 5% City Administrative Fees 4,174$ 4 Street Light Energy Cost -$ 5 GIS Fees 875$ 6 Trail Fog Seal -$ 7 Seal Coating -$ Total 15,065$ No. Item Cost 1 Storm Sewer Trunk Charge 50,046$ 2 Sanitary Sewer Trunk Charge 7,837$ 3 Water Trunk Charge 47,385$ 4 Park Dedication 410,000$ Total 515,268$ Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement; based on Block 1, Lot 2) Calculation Estimate 0 lights x 24 months x $30/month $120/acre x 7.29 acres $0.35/SF x 0 SF $1.70/SY x 0 SY Development Fees (due before signed plat is released) Calculation $6865/net developable acre x 7.29 acres $1075/acre x 7.29 acres $6500/acre x 7.29 acres $2,500/unit x 141 units Page 56 of 148 Block Lots Units Block Lot Units SQ FT Acres 1 2 305 1 1 141 303,665.000 6.971 1 2 164 238,021.000 5.464 Total 2 305 Total Plat Area = 13.098 acres Total Park Area = 0.000 acres Future Plat Area = 0.000 acres Developable Area * = 13.098 acres Ponding to HWL = 1.113 acres Net Developable Area =11.985 acres ROW 28,851.000 0.662 * Excludes future plat and park areas (all outlots) Total Boundary 570,537.000 13.098 Rosecott Place Apartments EXHIBIT B (Page 2 of 2) Totals Page 57 of 148 Acres LOT 1 (Market Rate) 5.81 44.35% LOT 2 (Affordable) 6.63 50.61% Market Rate Units 141 Affordable Units 164 ROW 0.66 5.04% SAC Determination 143 (SAC *Estimate )166 13.10 Acres - Buildable 5.81 Acres ‐ Buildable (+ ROW) 7.29 Units Estimated Contract Value Estimated Contract Value TBD -$ LOT 1 (Copper) 141 46.23% LOT 2 (Croft) 164 53.77% CONNECTION CHARGES (Tentative, final  determination by Building Official)Per Unit Per Acre Flat ESTIMATE CONNECTION CHARGES (Tentative, final  determination by Building Official)Per Unit Per Acre Flat ESTIMATE TOTAL 305 MCES ‐ SAC (Sewer Availability Charge) 2,485$        ‐$            ‐$              355,355$             MCES ‐ SAC (Sewer Availability Charge) 2,485$        ‐$            ‐$              412,510$            767,865$                 City ‐ SAC (sanitary sewer) 1,200$        ‐$            ‐$              171,600$             City ‐ SAC (sanitary sewer) 1,200$        ‐$            ‐$              199,200$            370,800$                 City ‐ WAC (water) 2,475$        353,925$             City ‐ WAC (water) 2,475$        410,850$            764,775$                 Stormwater Connection Charge 290$           ‐$            ‐$              41,470$                Stormwater Connection Charge 290$           ‐$            ‐$              48,140$               89,610$                   ‐$                         BUILDING PERMIT BUILDING PERMIT ‐$                         Building Permit -$ -$ -$ ‐$                     Building Permit -$ -$ -$ ‐$                     ‐$                         Plan Check Fees -$ -$ -$ -$ Plan Check Fees -$ -$ -$ -$ ‐$                         ‐$                         ‐$                         PARK DEDICATION (HIGH DENSITY)2,500$ -$ -$ 352,500$ PARK DEDICATION (HIGH DENSITY)2,500$ -$ -$ 410,000$ 762,500$                 ‐$                         ASSESSMENT / "DEVELOPMENT FEES"ASSESSMENT / "DEVELOPMENT FEES"‐$                        ROW: Allocate City - Sanitary Trunk Assessment -$ 1,075$ -$ 6,246$ City - Sanitary Trunk Assessment -$ 1,075$ -$ 7,837$ 14,083$                  709.50$                             Water Trunk Assessment -$ 6,500$ -$ 37,765$ Water Trunk Assessment -$ 6,500$ -$ 47,385$ 85,150$                  4,290.00$                         Stormwater Trunk Assesment -$ 6,865$ -$ 39,886$ Stormwater Trunk Assesment -$ 6,865$ -$ 50,046$ 89,932$                  4,530.90$                         ‐$                        9,530.40$                         FIXED Cost %FIXED Cost %‐$                         Engineering Fees (split) 15,000$ -$ 44.35% 6,653$ Engineering Fees (split) 15,000$ -$ 55.65% 8,347$ 15,000$                   Attorney Fees (split) 3,000$ -$ 44.35% 1,331$ Attorney Fees (split) 3,000$ -$ 55.65% 1,669$ 3,000$                     City Admin Fees 7,500$ -$ 44.35% 3,326$ City Admin Fees 7,500$ -$ 55.65% 4,174$ 7,500$                     GIS Fees 1,572$ -$ 44.35% 697$ GIS Fees 1,572$ -$ 55.65% 875$ 1,572$                     ‐$                         Cost 110% %Cost 110% %‐$                         LOC LOC ‐$                        ROW: Allocate Grading and Erosion Control 45,850$ 50,435$ 44.35% 22,369$ Grading and Erosion Control 45,850$ 50,435$ 55.65% 28,067$ 50,435$                  2,541.00$                         Pond Restoration and Erosion Control Removal 25,000$ 27,500$ 44.35% 12,197$ Pond Restoration and Erosion Control Removal 25,000$ 27,500$ 55.65% 15,303$ 27,500$                  1,385.50$                         Survey Monumentation 500$ 550$ 100.00% 550$ Survey Monumentation 500$ 550$ 100.00% 550$ 1,100$                    27.71$                               Landscaping 52,800$ 58,080$ 56.82% 33,000$ Landscaping 52,800$ 58,080$ 43.18% 25,080$ 58,080$                  3,954.21$                         -$ SUBTOTAL ‐ Connection Charges ‐$            ‐$            ‐$              922,350$             SUBTOTAL ‐ Connection Charges ‐$            ‐$            ‐$              1,070,700$          1,993,050$             SUBTOTAL ‐ Building Permit ‐$            ‐$            ‐$              ‐$                      SUBTOTAL ‐ Building Permit ‐$            ‐$            ‐$              ‐$                      ‐$                         SUBTOTAL ‐ Park Dedication ‐$            ‐$            ‐$              352,500$             SUBTOTAL ‐ Park Dedication ‐$            ‐$            ‐$              410,000$             762,500$                 SUBTOTAL ‐ Assessment/"Development Fees" ‐$            ‐$            ‐$              83,896$               SUBTOTAL ‐ Assessment/"Development Fees" ‐$            ‐$            ‐$              105,268$             189,164$                 FIXED ‐$            ‐$            ‐$              12,007$               FIXED ‐$            ‐$            ‐$              15,065$               27,072$                   LOC ‐$            ‐$            ‐$              68,115$               LOC ‐$            ‐$            ‐$              69,000$               137,115$                 TOTAL 1,438,868$          TOTAL 1,670,033$          3,108,901$             ROSEMOUNT SCHEDULE OF RATES ROSEMOUNT SCHEDULE OF RATES COPPER (LOT 1) CROFT (LOT 2) -$ -$ Page 58 of 148 Rosecott Place Apartments Addition July/2023 ATTACHMENT ONE Rosecott Place Apartments Addition Final Plat 26798641v5 Page 59 of 148 Page 60 of 148 1 TEMPORARY ACCESS AGREEMENT This Temporary Access Agreement is made this _____ day of ____________, 2025, by and between the City of Rosemount, Minnesota, a Minnesota municipal corporation (“City”), and Adalyn Avenue, LLLP, a Minnesota limited liability limited partnership (“Developer”). Recitals A. The City and the Developer are parties to a Subdivision Agreement whereby the Developer is obligated to construct certain public and private improvements in connection with the development of the property located at 14203 Adalyn Avenue, PID 34-64520-01-020 (the “Subdivision Agreement”) legally described as: Lot 2, Block 1, ROSECOTT PLACE APARTMENTS (“Subject Property”); and B. The City is in negotiations for a separate Subdivision Agreement related to the development of the property adjacent to the Subject Property located at 14215 Adalyn Avenue, PID 34-64520-01-010, legally described as: Lot 1, Block 1, ROSECOTT PLACE APARTMENTS (“Adjacent Property”); and C. Construction of the apartment units on the Subject Property is nearly complete; and D. Building and fire codes require two accesses to the Subject Property and the Adjacent Property, which will be located off of Adalyn Avenue on the eastern side of the Adjacent Property. However, during construction on the Adjacent Property, the Developer will be unable to provide adequate access to the Subject Property and is requesting a temporary access to the Subject Property via Connemara Trail so that rental of the apartments on the Subject Property may begin; and E. The City has agreed to approve the Developer’s request to allow temporary access to the Property from Connemara Trail contingent upon the following terms and conditions. Page 61 of 148 2 Terms and Conditions 1. Temporary Public Access. The Developer and City agree to a temporary access to the Subject Property off Connemara Trail so the Developer may begin renting the apartments on the Subject Property. The temporary access is depicted on Attachment 1. 2. Improvements are Temporary; Term. The Developer agrees, as a condition to this Agreement and receipt of city approvals, that the access to Connemara Trail is temporary and must be completely removed by April 30, 2026, at Developer’s sole cost. Developer must restore the original curb, sidewalk, boulevard, and patch pavement disturbed by the temporary access at Developer’s sole cost. The Developer further understands that the temporary bituminous curbing and pavement will not be allowed by the City to be reclaimed and reused for any public improvements required by the Subdivision Agreement for the subdivision. 3. Certificates of Occupancy. Notwithstanding that this Agreement allows for temporary access so Developer may commence rental of units on the Subject Property, no such rentals are permitted until the City issues appropriate Certificates of Occupancy. 4. Developer Responsibility for Restoration Work. The Developer is responsible for the coordination, liability, and costs to ensure: 1) access to the temporary access area depicted in Attachment 1 is restricted during the curing periods following the placement of any permanent concrete and bituminous improvements, including any new concrete curbing, sidewalks, and pavement; 2) that any and all restoration work required under Paragraph 2, above, is completed by the end of the Term of this Agreement, no later than April 30, 2026. The Developer agrees to coordinate with the City for the restoration work described in Paragraph 2, above, including review and approval of Developer’s restoration plans by City staff and the City Engineer. 6. Indemnification. The Developer agrees to indemnify, hold harmless, and defend the City and its officials, employees, agents, and contractors from and against any and all claims, actions, damages, liability, and expenses in connection with personal injury or property damage arising from or out of the construction and use of the temporary access permitted by this Agreement except to the extent caused by the gross negligence, or any willful or wanton misconduct by the City, its officials, employees, agents, or contractors. 7. Insurance. The Developer shall ensure that all work performed pursuant to this Agreement is covered by the insurance policy required by the Subdivision Agreement, or alternatively, the Developer may obtain a separate commercial general liability insurance policy for the work performed under this Agreement, provided that it has liability limits of at least $1,000,000 and includes the City as an additional insured. The Developer shall furnish the City with proof of insurance upon request. 8. Amendments. This Agreement may be modified only through written amendments signed by both parties. 9. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, all of which shall constitute one and the same instrument. Page 62 of 148 3 10. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. IN WITNESS OF THE FOREGOING, the parties have executed this Agreement as of the date first written above. CITY OF ROSEMOUNT By: Jeffery D. Weisensel Its: Mayor By: Erin Fasbender Its: City Clerk ADALYN AVENUE, LLLP, a Minnesota limited liability limited partnership By: Adalyn Avenue GP, LLC, a Minnesota limited liability company Its: General Partner By:_____________________________________ Bradley J. Schafer Its: President Page 63 of 148 4 ATTACHMENT 1 Page 64 of 148 NO P A R K I N G NO P A R K I N G NO P A R K I N G NO P A R K I N G LOT 2 LOT 1 TEMPORARY ACCESS ADALYN AVENUE ADD I S O N A V E N U E CO N N E M A R A T R A I L AD D I S O N W A Y COUNTY ROAD NO. 73 (AKRON AVENUE) D E S I G N Civil Engineering | Landscape Architecture | Construction Services 3 1 0 4 T H S O U T H , S U I T E 1 0 0 6 M I N N E A P O L I S , M N 5 5 4 1 5 ww w . e l a n l a b . c o m p 61 2 . 2 6 0 . 7 9 8 0 f 61 2 . 2 6 0 . 7 9 9 0 CO P P E R A T R O S E C O T T RO S E M O U N T , M I N N E S O T A UW A 2 2 0 0 3 80 SCALE IN FEET TE M P O R A R Y A C C E S S 09 / 2 7 / 2 0 2 4 1601OVERALL SITE PLAN 1" = 80' Page 65 of 148 40 '30 ' 24 ' R25' STOP SIGN SAW CUT BACK OF CURB LEAVING 1" LIP 5' 5' BITUMINOUS DRIVE LOT 2 LOT 1 END INITIAL CURB CONSTRUCTION FUTURE STREET CONSTRUCTION ONE WAY 3 93 9 943 94 4 94 3 9 4 1 933 931930 928 929 935 937 939 941 932 934 936 938 940 942943 942 943 94 4 94 2 943.4 944.5 944.5 943.4 SILT FENCE FUTURE CONTOURS INTERIM CONTOURS D E S I G N Civil Engineering | Landscape Architecture | Construction Services 3 1 0 4 T H S O U T H , S U I T E 1 0 0 6 M I N N E A P O L I S , M N 5 5 4 1 5 ww w . e l a n l a b . c o m p 61 2 . 2 6 0 . 7 9 8 0 f 61 2 . 2 6 0 . 7 9 9 0 CO P P E R A T R O S E C O T T RO S E M O U N T , M I N N E S O T A UW A 2 2 0 0 3 30 SCALE IN FEET TE M P O R A R Y A C C E S S 09 / 2 7 / 2 0 2 4 60 1 SITE PLAN 1" = 30'2 GRADING PLAN 1" = 30' 3 NO SCALE BITUMINOUS PAVEMENT SECTION 12" SCARIFIED AND RE-COMPACTED SUBGRADE 3.0" BITUMINOUS NON-WEAR COURSE MIXTURE SPNWB330B (PG 58V-34), MNDOT 2360 10.0" AGGREGATE BASE (CLASS 5 - 100% CRUSHED) MNDOT 3138 Page 66 of 148 EXECUTIVE SUMMARY City Council Regular Meeting: March 4, 2025 AGENDA ITEM: Approve Amber Fields 6 Addition Subdivision Agreement AGENDA SECTION: CONSENT AGENDA PREPARED BY: Brian Erickson, City Engineer AGENDA NO. 6.g. ATTACHMENTS: Subdivision Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve a Subdivision Agreement for Amber Fields 6th Addition BACKGROUND On June 18, 2024, City Council approved the Amber Fields 6th Addition. Since that time staff and the developer have been reviewing the language within the Subdivision Agreement. Some minor changes were made to account for the actual planned improvements on this parcel and the agreement is now ready for Council approval. The approval of this Subdivision Agreement will be the final step in allowing Enclave Companies to begin their planned improvements. This agreement follows the standard format and includes all the required conditions from prior Council approval. RECOMMENDATION Staff recommends City Council approve the attached Subdivision Agreement and authorize the Mayor and City Clerk to enter into said agreement. Page 67 of 148 1 Amber Fields 6th Subdivision Agreement Revised July 2024 SUBDIVISION AGREEMENT Amber Fields 6th Addition AGREEMENT dated this _____ day of __________________ 2025, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation (the “City”), and ROSEMOUNT COSGROVE, LLC, a North Dakota 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 Amber Fields 6th Addition, which land is legally described on ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the “Subject Property”). 2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a. Execution of a Subdivision Agreement. b. Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. c. Payment of all applicable fees including GIS 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 $58,740 for landscaping surety. f. Park Dedication requirements were fulfilled as part of the Amber Fields Subdivision Agreement and Outlot plat through dedication of land and associated amenities. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat of the Subject Property if the Developer has breached this Agreement and the breach has not been remedied. Development of each subsequent phase may not proceed until a subdivision agreement for such phase is approved by the City. 4. Effect of Subdivision Approval. For seven (7) years from the date of this Agreement, no amendments to the City’s Comprehensive Plan, except an amendment placing the Subject Property in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requi rements enacted after the date of this Agreement. 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 Page 68 of 148 2 Amber Fields 6th Subdivision Agreement Revised July 2024 “Project”). The plans and contract documents may be prepared and revised, 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 “Development Plans” are: Plan A – Soil Erosion Control Plan and Schedule: Townhomes at Amber Fields, Preliminary Submittal page C-3.1 – C-3.2 dated 5/3/2024 (as revised). Plan B – Drainage and Storm Water Runoff Plan: Townhomes at Amber Fields, Preliminary Submittal page C-3.0 dated 5/3/2024 (as revised). Plan C – Plans & Specifications for Improvements: Townhomes at Amber Fields, Preliminary Submittal page C-4.0 – C-5.1 dated 5/3/2024 (as revised). Plan D – Grading Plan: Townhomes at Amber Fields, Preliminary Submittal page P-1.0 dated 5/3/2024 (as revised). Plan E – Site Lighting: Townhomes at Amber Fields, Preliminary Submittal page C-3.0 dated 5/3/2024 (as revised). Plan F – Landscape Improvements: Townhomes at Amber Fields, Preliminary Submittal page L-1.0 – L-2.0 dated 5/3/2024 (as revised). All improvements, including Developer Improvements (as noted in Section 6) 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 Improvements”) 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 thirty (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 within this phase of the Project as reflected herein unless expressly noted otherwise. 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, telecommunications, and cable lines h. Site grading i. Landscaping j. Streetlights k. Other items as necessary to complete the Project as stipulated herein or in other agreements signed by Developer (the “Developer Improvements”). Page 69 of 148 3 Amber Fields 6th Subdivision Agreement Revised July 2024 Developer is required to obtain all necessary permits as required by regulatory agencies and other levels of government beyond the City of Rosemount. 7. Time of Performance. The pavement wear course shall be completed within one year of the first lift installation for all public roads within the Subject Property. The Developer may, however, request an extension of time from the City which shall not be unreasonably withheld or conditioned. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date, if any. 8. [This Section Intentionally Left Blank] 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 Section 5), the Developer shall furnish the City with a cash deposit or irrevocable letter of credit from a local bank (the “Security”) in the amount of One Hundred Thirty- Four Thousand, Nine Hundred Seven Dollars ($134,907). The amount of the security was calculated as follows: Refer to Exhibits A, B, C and D for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the Developer from responsibility under this Agreement with respect to the items in the chart above. The letter of credit shall secure compliance with all terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice (except as set forth herein) if the obligations of the Developer have not been completed, as required by this Agreement. In the event of a default under this Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developer’s default(s) under the terms of this Agreement. If the Developer does not remove said default(s) within thirty (30) days of receiving the notice, the City may draw on the letter of credit and take such steps as it deems necessary to remedy the default. Developer may request an extension of the 30-day cure period, which the City has the discretion to approve or deny in its reasonable judgment. With City approval, the letter of credit shall be reduced from time to time as financial obligations are paid and Developer Improvements and other Developer obligations are completed to the City’s requirements. Within ten (10) business days of the date of the reduction request, the City shall begin a review of the request. Processing of an approval of said requests will be dependent on the level of detailed information submitted to the City by the Developer, No.Item Cost 110%Calculation 1 Grading and Erosion Control 43,743$ 48,117$ $3,000/ac x 14.581 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 500$ 550$ $500/lot x 1 lots 4 Landscaping 53,400$ 58,740$ Per City Planner (178 trees x $300) 5 Street Lights -$ -$ $7,500/light x 0 lights - Private 6 Surface Improvements -$ 125% - Private 7 Water Main Improvements -$ 125% - Private 8 Sanitary Sewer Improvements -$ 125% - Private 9 Storm Sewer Improvements -$ 125% - Private Total 122,643$ 134,907$ Letter of Credit for Developer Improvements (due with signed agreement) Page 70 of 148 4 Amber Fields 6th Subdivision Agreement Revised July 2024 and from time to time the Developer may be required to provide supplemental information to substantiate a request. The City will act in good faith to process and approve reduction requests in a reasonable and timely fashion. 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 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 any installation of utilities is occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All final grading of the lot shall comply with the Grading Plans (Plan D). 12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City. Such license shall terminate as to the Subject Property upon acceptance by the City of the Public Improvements. 13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, an approved erosion control plan, to be submitted with the final grading plan for grading permit shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within seventy -two (72) hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time is critical in controlling erosion. If development does not comply with Plan A, or supplementary instructions received from the City the City may take such action as it deems appropriate to control erosion following the notice and passing of Developers cure rights in Section 10. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will attempt to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s or City’s right or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) business days after receipt of an invoice for the work, the City may draw down the letter of credit to pay such 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. Costs for City inspection of onsite erosion shall be at the Developer’s expense. Notwithstanding the foregoing, the City agrees that the Developer shall have no continuing liability with respect to the Subject Property as of the date that the Developer transfers each such portion of the Subject Property to a builder. Developer shall follow MPCA required protocol for transfer of Stormwater Construction Permit responsibility to the new owner of each lot. The Developer is required to show proof of this assignment to the City. Until such time that the transfer of permit responsibility is presented to the City, the City will consider the Developer to remain responsible for required erosion and sediment control. Page 71 of 148 5 Amber Fields 6th Subdivision Agreement Revised July 2024 14. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer or its agents. 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 twenty-four (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. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) business days after receipt of an invoice for the work, the City may draw down the letter of credit to pay such costs. 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 the home construction or completion of Developer’s Improvements within each phase of 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. 15. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Public Improvements lying within public rights-of-way and easements shall become City property without further notice or action unless the improvements are specifically identified herein as private infrastructure. 16. 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 the Development Plans for the 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 Project, the Developer shall provide to the City Engineer an inspection report by July 31 each year that 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. Any required wetland reporting must comply with State WCA and the City’s CWMP reporting rules. 17. 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. Page 72 of 148 6 Amber Fields 6th Subdivision Agreement Revised July 2024 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 Sixty-Three Thousand Six Hundred Eighty Dollars ($63,680) shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within thirty (30) business days after receipt of a written request from the City, which shall include an invoice, including itemized costs. If actual City fees are lower than this estimate, any surplus funds will be returned to the Developer when the project fund is reconciled and closed. C. The Developer shall pay in full all invoices submitted to it by the City for obligations incurred under this Agreement (not covered by funds deposited by Developer pursuant to Section 17.A.) within thirty (30) business days after receipt. If the invoices are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits, assess costs, or pursue other appropriate and lawful remedies, until the past-due invoices are paid in full. Bills not paid within thirty (30) business days shall accrue interest at the rate of six percent (6%) per year. D. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24 months at a cost of $30/month/light. After that, the City shall pay and be responsible for the energy costs. E. The Developer will pay the cost of the initial sealcoating of the public streets within the Project 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 the initial fog sealing of the public trails within the Project at a cost of $0.35/SF. The fog sealing will be completed within three (3) years following trail installation. 18. Indemnification. The Developer shall hold the City and its officers, agents and employees harmless from claims made by third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property, except for any costs or expenses arising from intentional acts or gross negligence of the City, or its agents, employees or contractors. The Developer shall indemnify the City and its officers, agents and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney’s fees. No.Item Cost 1 Engineering Fees 25,000$ 2 Attorney Fees 3,000$ 3 City Administrative Fees 25,000$ 4 Street Light Energy Cost -$ 5 GIS Fees 10,680$ 6 Trail Fog Seal -$ 7 Seal Coating -$ Total 63,680$ City Fees (due with signed agreement) Calculation Reimbursable based on actual City expenditures Estimate 0 lights x 24 months x $30/month - Private $60/unit X 178 units $0.35/SF x 0 SF - No trail constructed $1.70/SY x 0 SY - Private Page 73 of 148 7 Amber Fields 6th Subdivision Agreement Revised July 2024 19. Insurance. The Developer agrees to take out and maintain until six (6) months after the City has accepted the Developer Improvements, commercial general liability insurance covering personal injury, including death, and claims for property damage which may arise out of installation of the Developer Improvements or the work of its contractors or subcontractors. Liability limits shall be not less than $2,000,000 per occurrence and $3,000,000 annual aggregate and twice said limits when the claim arises out of the release or threatened release of a hazardous substance. To accomplish the above limits, an umbrella excess liability policy may be used. Developer must also m aintain worker’s compensation insurance with coverage amounts required by statute. The City shall be named as an additional insured on the commercial general liability policy or umbrella/excess insurance policy, if applicable. The Developer must provide a certificate of insurance to the City demonstrating compliance with the above. 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. 20. Park, Utility Fees and Service Charges. The Developer agrees to pay sanitary sewer trunk, water trunk, and stormwater area charges set forth in this Section prior to release of the final plat within the Project for the lots created by each plat. The sanitary sewer, water, and stormwater connection charges set forth in this Section shall be paid prior to building permit issuance on a per unit basis. The party requesting a building permit, not the Developer, shall be responsible for these connection charges. The rates for each of these items will be set according to the current rate structure for connection charges and trunk area charges at the time of final plat approval or receipt of a building permit and the fees will be adjusted based upon actual bid costs for road assessments. Park dedication fees or property in lieu of, will be addressed in each final plat of project phases as part of the subdivision agreement with the City, which shall be consistent with this Agreement. a. The fees, charges, and assessments in effect as of the date of this Agreement and estimated based upon the Development Plan (Developer-submitted plan dated 5/3/2024 for Townhomes at Amber Fields (as revised) are stated in Exhibit B). The Developer shall receive a dollar-for-dollar credit for the cost of any oversizing to address regional stormwater facilities and infrastructure that the Developer constructs which provides regional service functionality for stormwater sources above and beyond those which originate within Amber Fields. Credits amounts to the Developer will be locked in at the dollar value for the year in which the corresponding infrastructure was installed. b. Park Dedication Fees: Satisfied via Amber Fields Subdivision Agreement dated March 1, 2022. c. Storm Sewer Trunk Area Charges in the amount of $97,699. d. Sanitary Sewer Trunk Charges in the amount of $17,080. e. Water Trunk Charges in the amount of $103,271. f. 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 stated below. The City agrees that it shall collect such amounts with building permits and that the party requesting a building permit, not the Developer, shall be responsible for these charges. i. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,485 per single-family home). ii. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit). iii. Water Availability Charges per WAC unit (currently at $2,475/WAC unit for single -family residential and multi-family residential). Page 74 of 148 8 Amber Fields 6th Subdivision Agreement Revised July 2024 iv. Storm Sewer Connection Charges per unit. 21. Certificates of Occupancy. Unless otherwise authorized in writing by the City Chief Building Official, no certificates of occupancy 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 for the building within the Subject Property relate to the occupancy permit 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 construction of Public Improvements caused by the Developer, its employees, contractors, subcontractors, material men or agents. 22. 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. 23. 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 will furnish the Developer with written notice of such default by certified mail. If the Developer does not remove said default(s) within thirty (30) days of receiving the notice, the City may, at its option, perform the work and the Developer shall reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, no less than 48 hours in advance. Developer may request an extension of the 30-day cure period, which the City has the discretion to approve or deny in its reasonable judgment. 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 to cure a default, 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 portions of the Subject Property owned or managed by Developer. 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. 24. Miscellaneous. a. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City’s written demand, the Developer shall cease work until there is compliance. b. Third parties shall have no recourse against the City under this Agreement. c. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. d. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. Page 75 of 148 9 Amber Fields 6th Subdivision Agreement Revised July 2024 e. The action or inaction of a party 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. A party’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. f. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subject Property and shall be deemed covenants running with the land. The terms and provisions of this Agreement shall not be binding upon the owners of individual units or residences built upon lots within the development and shall not be deemed to run with the title of the individual units or residences within the development. This provision does not release any future developer or the Developer’s successors or assigns from the terms and provisions of this Agreement. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to affect the recording hereof. After the Developer has completed the work required of it under this Agreement, at the Developer’s request as to all or a portion of the Subject Property, the City will execute and deliver to the Developer the requested release(s) and termination of this Agreement in recordable form. g. Each right, power or remedy herein conferred upon a party herein is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to such party, 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 such party and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. h. The Developer may not assign this Agreement without the written permission of the City Council. i. The Developer acknowledges that the City may issue additional requirements outside of the 2024 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines as the City is in the process of updating 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 2024 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines. j. This Agreement includes all attachments, exhibits, and schedules, if any, attached to it, all of which are hereby made a part of this Agreement. 25. Disclaimer of Relationship. Nothing in this Agreement nor any act by the City or the Developer shall be deemed or construed by the City, the Developer, or any third party as creating any relationship of principal/agent, limited or general partner or joint venture between such parties. 26. Landscaping and Irrigation of Common Areas and Rights-of-Way. Installing finished sod pursuant to the landscape improvements identified on Plan F and pursuant to Section 6 of this Agreement. Irrigation, lawn maintenance, and landscaping within any Common Area and/or right- of-way thereafter shall be by the owner of the lot to be expressed in a recorded instrument, unless responsibility is assumed by a homeowners’ association (“HOA”) or a collective arrangement or agreement. The Developer shall maintain the landscaping and any irrigation. Such maintenance includes, without limitation, cutting and irrigating sodded areas and vegetation, weed control, and tree trimming. No permanent irrigation system may be installed within any City right-of-way unless the City provides its prior written approval. Page 76 of 148 10 Amber Fields 6th Subdivision Agreement Revised July 2024 A visual representation of the parties responsible for the irrigation, lawn maintenance and landscaping described in this Section 26 is attached to this Agreement as Exhibit E: Maintenance Responsibility. Shaded areas identified as either an Outlot or an Addition are the areas where private parties are responsible. The areas identified as City of Rosemount are the City’s responsibility and include (a) East of Akron Avenue/North of Outlots T and S1, (b) right-of-way on both sides of Akron Avenue between 145th Street and 155th Street, a portion of which is shown in Inset F, and (c) the area at the center of Amber Fields, which is North of Outlots N, O and P and the 2nd Addition and South of the 2nd, 4th, 5th and 3rd Additions, portions of this are shown at the bottom of Insets B and C and at the top of Insets D and E. The City acknowledges its maintenance area (see (c) in previous sentence) includes the area around the large pond to be installed by Developer. In addition to what is depicted on Exhibit E, the City acknowledges it is responsible for initial construction and continued irrigation, lawn maintenance and landscaping West of the City’s Auburn Avenue project that will be constructed South of 148th Street. The Maintenance Responsibility exhibit does not address who is responsible for tree removal and replacement within rights-of-way. The City is responsible for tree removal and replacement only in the rights-of-way of 148th Street, Akron Avenue, and Auburn Avenue. The Maintenance Responsibility exhibit does not address who is responsible for snow removal. The City is responsible for snow removal from all trails. The City is also responsible for snow removal from all sidewalks within rights-of-way for Akron Avenue, Auburn Avenue, and 148th Street which run parallel to the street along which they are built. Snow on all other segments of sidewalks within the Subject Property will be cleared by the Developer or its successors and assigns. This Section 26 does not alter responsibilities of (i) the Developer or a builder as to initial construction of sidewalks, trails, or landscaping, including irrigation, or (ii) the City as to its Akron Avenue and Auburn Avenue construction projects South of 148th Street, except for the shaded area designated as 2nd Addition that is East of such future Auburn Avenue. 27. Notices. Required notices to the Developer shall be in writing, and shall be mailed to the Developer by registered mail at the following address: Rosemount Cosgrove, LLC Attn: Jessica Welk, esq. General Counsel 1660 S. Highway 100, Ste 530 St. Louis Park, MN 55416 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.] Page 77 of 148 Signature Page Amber Fields 6th Subdivision Agreement Revised July 2024 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: Jeffery D. Weisensel, Mayor BY: Erin Fasbender, City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of __________, 2025 by Jeffery D. Weisensel, 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 ROSEMOUNT COSGROVE, LLC By: Enclave Manger, LLC, a North Dakota, limited liability company, its Manager BY: Austin J. Morris, Manager of Enclave Manager, LLC STATE OF NORTH DAKOTA ) ) SS COUNTY OF CASS ) The foregoing instrument was acknowledged before me this ___ day of __________, 2025 by Austin J. Morris, Manager of Enclave Manager, LLC, a North Dakota limited liability company, Manager of Rosemount Cosgrove, LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Page 78 of 148 Exhibit A Amber Fields 6th Subdivision Agreement Revised July 2024 3731736.v3 EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement; except, however, the City will accept the amounts attributed to grading and erosion control and pond restoration/erosion control removal from a contractor instead of the Developer. Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion control ($3,000/acre). Note: The minimum surety amount is set at $25,000. Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket following development of 75% of adjoining lots (estimated lump sum). Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the development. Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a surety for that cost is not required. Street Lights – An amount equal to 110% of the cost to complete the required street light installation on public roadways. Improvements – An amount equal to 125% of the cost to complete those public improvements provided as part of the final plat and final construction documents. Private improvements may also be included when necessary to complete access to and utility supply for platted lots. Page 79 of 148 Exhibit B Amber Fields 6th Subdivision Agreement Revised July 2024 3731736.v3 EXHIBIT B (SUMMARY OF DEVELOPMENT FEES AND LOT AREAS) Page 80 of 148 Amber Fields 6th Addition EXHIBIT B (Page 1 of 2) No. Item Cost 110% Calculation 1 Grading and Erosion Control 43,743$ 48,117$ $3,000/ac x 14.581 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 500$ 550$ $500/lot x 1 lots 4 Landscaping 53,400$ 58,740$ Per City Planner (178 trees x $300) 5 Street Lights -$ -$ $7,500/light x 0 lights - Private 6 Surface Improvements -$ 125% - Private 7 Water Main Improvements -$ 125% - Private 8 Sanitary Sewer Improvements -$ 125% - Private 9 Storm Sewer Improvements -$ 125% - Private Total 122,643$ 134,907$ No. Item Cost 1 Engineering Fees 25,000$ 2 Attorney Fees 3,000$ 3 City Administrative Fees 25,000$ 4 Street Light Energy Cost -$ 5 GIS Fees 10,680$ 6 Trail Fog Seal -$ 7 Seal Coating -$ Total 63,680$ No. Item Cost 1 Storm Sewer Trunk Charge 97,699$ 2 Sanitary Sewer Trunk Charge 17,080$ 3 Water Trunk Charge 103,271$ 5 Park Dedication -$ Total 218,050$ Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation Estimate See Exhibit C & D for details $1.70/SY x 0 SY - Private Development Fees (due before signed plat is released) Satisified via land dedication Calculation See Exhibit C & D for details See Exhibit C & D for details 0 lights x 24 months x $30/month - Private $60/unit X 178 units $0.35/SF x 0 SF - No trail constructed Reimbursable based on actual City expenditures Page 81 of 148 Block Lots Units Block Lot Units SQ FT Acres 1 1 244 1 1 1 635,146.00 14.581 Total 1 244 Total Boundary 635,146.00 14.581 Total Plat Area =14.581 acres Total Park Area =0.000 acres Future Plat Area =0.000 acres Developable Area * =14.581 acres Ponding to HWL =0.000 acres Net Developable Area =14.581 acres * Excludes future plat and park areas (all outlots) Amber Fields 6th Addition EXHIBIT B (Page 2 of 2) Totals Page 82 of 148 Exhibit C Amber Fields 6th Subdivision Agreement Revised July 2024 3731736.v3 EXHIBIT C (DETAIL CALCULATION OF TRUNK AREA CHARGES) Page 83 of 148 Amber Fields 6th Addition EXHIBIT C Detail provided in Exhibit D Amount Outlot B Sanitary Sewer 17,079.52$ Water Area 103,271.50$ Stormwater Area 97,698.90$ Total Plat Area 14.58 Developing Area 14.58 100.00% Future Development 0.00 0.00% Trunk Area Charges to be collected with this plat Sanitary Area 17,080.00$ Water Area 103,271.00$ Stormwater Area 97,699.00$ Remaining Trunk Area Charges to be collected via future plat Sanitary Area -$ Water Area -$ Stormwater Area -$ Trunk Charge Apportionments Trunk Charge Page 84 of 148 Exhibit D Amber Fields 6th Subdivision Agreement Revised July 2024 3731736.v3 EXHIBIT D (OVERALL TRUNK AREA CHARGE CALCULATIONS FOR AMBER FIELDS DEVELOPMENT) Page 85 of 148 Amber Fields 6th Addition EXHIBIT D Subtotal GRAND TOTAL Outlot Trunk Fee (Estimated based on 2022 Rates) Parcel SAC ($1,075/Acre) WAC ($6,500/Acre) STAC ($6,865/Acre)SAC WAC STAC Outlot A 1 546,505 12.546 2.88% 0.00%13,486.98$ 81,549.19$ 22,146.69$ 117,182.85$ Storm HWL = 9.32 ac (includes 2.73 ac wetland)Outlot A Outlot B 1 524,625 12.044 2.77% 3.65%12,947.01$ 78,284.26$ 82,680.23$ 173,911.50$ 4,132.50$ 24,987.23$ 15,018.67$ 44,138.41$ 218,049.91$ Outlot B Outlot C 1 402,659 9.244 2.12% 2.80%9,937.06$ 60,084.56$ 63,458.54$ 133,480.16$ 3,171.77$ 19,178.15$ 11,527.10$ 33,877.01$ 167,357.18$ Outlot C Outlot D 1 195,662 4.492 1.03% 1.36%4,828.67$ 29,196.58$ 30,836.08$ 64,861.32$ 1,541.24$ 9,319.14$ 5,601.30$ 16,461.68$ 81,323.00$ Outlot D Outlot E 1 499,401 11.465 2.63% 3.47%12,324.52$ 74,520.35$ 78,704.96$ 165,549.83$ 3,933.81$ 23,785.85$ 14,296.57$ 42,016.23$ 207,566.06$ Outlot E Outlot F 1 675,481 15.507 3.56% 4.70%16,669.93$ 100,794.92$ 106,454.94$ 223,919.78$ 5,320.81$ 32,172.32$ 19,337.29$ 56,830.41$ 280,750.19$ Outlot F Outlot G 1 804,114 18.460 4.24% 5.59%19,844.41$ 119,989.46$ 126,727.33$ 266,561.21$ 6,334.06$ 38,298.95$ 23,019.72$ 67,652.73$ 334,213.93$ Outlot G Outlot H 1 2,603,640 59.771 13.72% 0.00%64,254.20$ 388,513.77$ 162,572.47$ 615,340.44$ Storm HWL = 36.09 ac (includes 1.59 ac wetland)Outlot H Outlot I 1 519,381 11.923 2.74% 3.61%12,817.60$ 77,501.76$ 81,853.78$ 172,173.13$ 4,091.20$ 24,737.47$ 14,868.55$ 43,697.21$ 215,870.35$ Outlot I Outlot J 1 967,302 22.206 5.10% 6.73%23,871.66$ 144,340.29$ 152,445.55$ 320,657.50$ 7,619.50$ 46,071.39$ 27,691.38$ 81,382.26$ 402,039.77$ Outlot J Outlot K 1 791,652 18.174 4.17% 5.50%19,536.87$ 118,129.89$ 124,763.34$ 262,430.09$ 6,235.89$ 37,705.40$ 22,662.97$ 66,604.26$ 329,034.35$ Outlot K Outlot L 1 732,550 16.817 3.86% 5.09%18,078.31$ 109,310.72$ 115,448.94$ 242,837.97$ 5,770.34$ 34,890.44$ 20,971.03$ 61,631.81$ 304,469.79$ Outlot L Outlot M 1 1,329,375 30.518 7.01% 9.24%32,807.12$ 198,368.63$ 209,507.79$ 440,683.54$ 10,471.57$ 63,316.47$ 38,056.60$ 111,844.64$ 552,528.18$ Outlot M Outlot N 2 1,374,558 31.556 7.25% 9.56%33,922.17$ 205,110.81$ 216,628.57$ 455,661.56$ 10,827.48$ 65,468.48$ 39,350.07$ 115,646.04$ 571,307.60$ Outlot N Outlot O 2 909,535 20.880 4.79% 6.32%22,446.05$ 135,720.33$ 143,341.55$ 301,507.93$ 7,164.46$ 43,320.02$ 26,037.66$ 76,522.14$ 378,030.07$ Outlot O Outlot P 2 548,138 12.584 2.89% 3.81%13,527.28$ 81,792.86$ 86,385.84$ 181,705.99$ 4,317.72$ 26,107.13$ 15,691.79$ 46,116.63$ 227,822.62$ Outlot P Outlot Q 3 881,305 20.232 4.65% 6.13%21,749.38$ 131,507.86$ 138,892.54$ 292,149.78$ 6,942.09$ 41,975.46$ 25,229.50$ 74,147.06$ 366,296.83$ Outlot Q Outlot R 3 623,412 14.312 3.29% 4.33%15,384.94$ 93,025.21$ 98,248.93$ 206,659.07$ 4,910.66$ 29,692.34$ 17,846.69$ 52,449.68$ 259,108.75$ Outlot R Outlot S 3 1,846,870 42.398 9.73% 12.84%45,578.17$ 275,588.96$ 291,064.34$ 612,231.47$ 14,547.91$ 87,964.11$ 52,871.16$ 155,383.18$ 767,614.65$ Outlot S Outlot T 3 351,417 8.067 1.85% 2.44%8,672.48$ 52,438.26$ 55,382.87$ 116,493.61$ 2,768.13$ 16,737.55$ 10,060.17$ 29,565.86$ 146,059.46$ Outlot T Outlot U 3 404,451 9.285 2.13% 2.81%9,981.29$ 60,351.96$ 63,740.96$ 134,074.21$ 3,185.89$ 19,263.50$ 11,578.40$ 34,027.78$ 168,101.98$ Outlot U ROW - CSAH 42 1 358,955 8.240 1.89% 0.00%8,858.51$ 53,563.07$ 56,570.85$ 118,992.43$ ROW - CSAH 42 ROW - CR 73 1 525,850 12.072 2.77% 0.00%12,977.24$ 78,467.06$ 82,873.28$ 174,317.58$ ROW - CR 73 ROW - FUT 1 1 819 0.019 0.00% 0.00%20.21$ 122.21$ 129.07$ 271.50$ ROW - FUT 1 ROW - FUT 2 3 153,282 3.519 0.81% 0.00%3,782.79$ 22,872.66$ 24,157.05$ 50,812.49$ ROW - FUT 2 ROW-INTER 1 1 401,445 9.216 2.12% 0.00%9,907.10$ 59,903.41$ 63,267.22$ 133,077.73$ ROW-INTER 1 TOTAL 18,972,384 435.55 100.00% 100.00% 468,211.96$ 2,831,049.04$ 2,678,283.68$ 5,977,544.67$ $5,977,544.67 Aggregate Trunk Fees - Phase 1 (Highlighted Outlots & ROWs) 113,287.03$ 684,991.37$ 411,716.62$ NOTE: All calculations based on City of Rosemount Adopted 2022 Trunk Rates (Subject to change over time. Actual charges based on rate in year when final subdivision and final platting occur) SAC WAC STAC 1,075.00$ 6,500.00$ 6,865.00$ Not Applicable Not Applicable Future Net Developed Acres (Total area minus Outlot A, H, ROW CSAH 42, ROW CR 73, ROW FUT 1, ROW FUT 2, ROW INTER 1) 330.163 Apportioned Trunk Fees (Aggregate Totals for Outlot A, H, ROW CSAH 42, ROW CR 73, ROW FUT 1, ROW FUT 2, ROW INTER 1) Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Individual Outlot/ROW Calculations Parcel Phase Area (SF) Area (AC) Portion of Total Area Portion of Total Future Net Developed Area All calculations based on City of Rosemount Adopted 2022 Trunk Rates (Subject to change over time. Actual charges based on rate in year when final subdivision and final platting occur) Subtotal Comments Page 86 of 148 Exhibit E Amber Fields 6th Subdivision Agreement Revised July 2024 3731736.v3 EXHIBIT E MAINTENANCE RESPONSIBILITY LEGEND (also in lower right corner of Exhibit) - COLOR INDICATES PARTY/DEVELOPMENT RESPONSIBLE FOR IRRIGATION AND LANDSCAPE MAINTENANCE OF PUBLIC AREAS - PROPERTY LINE - PRIVATE PROPERTY NOTE: ALL IRRIGATION EQUIPMENT SUCH AS PIPES AND HEADS USED BY PRIVATE ENTITIES TO IRRIGATE ADJACENT PUBLIC AREAS SHALL REMAIN ON PRIVATE PROPERTY - BITUMINOUS TRAIL DEMARCATES BOUNDARY OF MAINTENANCE AREAS LOCATIONS OF AUBURN AVENUE AND AKRON AVENUE, AND 148TH STREET - Auburn Avenue (including the future portion) is the road shown West of and adjacent to the 2nd Addition shaded area. - Akron Avenue is the road at the center of Inset F. - 148th Street is the road that extends East-West from Auburn Avenue to Akron Avenue, South of the 6th and 7th Additions and Outlot C, and North of the 2nd, 3rd, 4th, and 5th Additions. Page 87 of 148 148"148" 148"148" 148" 148" 148"148"60" 60" 60" AK R O N A V E . 72"1,83M 96"2,44M 48"1,22M72"1,83M ZZUN3249 4707ZZPM 4707ZZPM4707ZZPM4707ZZPM4707ZZPM4707ZZPM 4707ZZPM 4707ZZPM TRANSFERSTATION TRANSFERSTATION ZZPM4708 4708ZZPM ZZPM4708 CKIT-V 229" 217"217" 234" 234" 234" 213"213" 213"156"188"188" 188" ZZUN3257 ZZUN3257 OUTLOT E 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 8 7 6 5 4321 8 7 6 5 4321 8 7 6 54 3 2 1 8 7 6 5 4 3 2 1 4 3 2 1 6 5 4 5 6 1 2 3 1 2 3 4 5678 8 1 2 7 6 3 4 5 BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 BLOCK 6 BLOCK 7 BLOCK 8 BLOCK 9 BLOCK 10BLOCK 11 BLOCK 12 BLOCK 13 BLOCK 14 BLOCK 15 OUTLOT C OUTLOT C OUT L O T B STORMWATERMANAGEMENTAREA 1 BASIN 1918PER CITY STORMWATERMANAGEMENT AREA 2 STORMWATER MANAGEMENT AREA 3 STORMWATER MANAGEMENT AREA 3 WETLANDWE-18-00611258-000 WETLANDWE-18-006 11258-000 WETLAND WE-18-00611258-000 AU B U R N A V E . AB B E Y F I E L D A V E . 148TH ST. W. 148TH ST. W. 14 8 T H S T . W . 148TH ST. W. AP A R T M E N T S 27 , 7 8 8 S F ( . 6 3 ) A C AP A R T M E N T S 28, 4 9 4 S F ( . 6 5 A C ) APARTMENTS 28,494 SF (.65 AC) 244 TOTAL PARKING STALLS AM B E R F I E L D S B L V D 149TH ST R E E T W E S T APPIAN WA Y ATHGOE DRIVE ATH E N R Y B A Y ASK E A T O N P L A C E AS H T O W N L A N E A M B E R F I E L D S P A S S AT H O L D R I V E APPIAN WAY ACHO N R Y R O W AV O N D A L E V I E W AT H L O N E P L A C E ACLARE RIDGE PATIO PATIO 9,600 S.F. RETAIL 22,450 SF GROCERY 45,000 SF 4,800 S.F. PATIO7,000 S.F.7,000 S.F. RETAIL 7,000 SF AU B U R N A V E . FU T U R E A U B U R N A V E . AMBER F I E L D S B L V D AT H G O E D R I V E AMB E R F I E L D S B L V D A M B E R F I E L D S B L V D AMB E R F I E L D S B L V D AK R O N A V E . ( C . R . 7 3 ) OUTLOT A OUTLOT F OUTLOT H OU T L O T I OUTLOT N OUTLOT B OUTLOT C OUTLOT E AB B E Y F I E L D A V E . AP P I A N W A Y AMBER F I E L D S B L V D AN N A G A I R E C U R V E A N N E S T O W N R O A D ANMEADLE R O W ANN A G A I R E C U R V E A N N E S T O W N R O A D A N M E A D L E R O W AN N A G A I R E C U R V E AK R O N A V E . AN N A G A I R E C U R V E A N N E S T O W N R O A D ANMEADLE R O W AN N A G A I R E C U R V E AR D A R A R I D G E R D ARD A R A R I D G E R D ARDA R A R I D G E R D AR D A R A R I D G E R D ARDCURRA R O W AR D C U R R A R O W ARD M U L L I V A N L A N E ART E R M O N P A T H AR T E R M O N P A T H ARDCURRA R O W A M B E R F I E L D S P A S S A S T E R B O U L E V A R D OUT L O T C ASTER BOULEVARD AN N A G A I R E C U R V E A N N A C O T T E L A N E ANN A G A I R E C U R V E ASTER BOULEVARD AN N A G A I R E C U R V E AN N A C O T T E L A N E A S T E R B O U L E V A R D A S T E R B O U L E V A R D AS T E R B L V D . ADAMSTOWN DRIVE AD R I G A L E P A T H ACHILLE S D R I V E OUTLOT D ASTER BLVD. ASTER BLVD. AD A M S T O W N D R I V E ADAMSTOWN D R I V E ACHILLES DRIVE AG H A M O R E T R A I L AK R O N A V E N U E ASTER BLVD. ASTER BLVD. AD A M S T O W N D R I V E ADAMSTOWN D R I V E ACHILLES DRIVE AG H A M O R E T R A I L AK R O N A V E N U E ASTER B L V D . AD R I G A L E P A T H AG H A M O R E T R A I L AG H A M O R E T R A I L OUTLOT B OUTLOT C 7 6 5 8 9 10 11 1213 4 3 21 10111213 9 8 7 6 5 11 10 9 8 7 6 5 4 3 2 1 13 14 15 16 17 18 19 20 21 22 23 10987654321 BLOC K 1 BLOCK 5 BL O C K 1 BL O C K 3 31 11 12 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 141312 11 10 9 8 7 6 5 4 3 21 1 2 3 4 BLOCK 2 BLOCK 4 OUTLOT D 7TH ADDITION OUTLOT C 6TH ADDITION 2ND ADDITION 2ND ADDITION 2ND ADDITION 4TH ADDITION 5TH ADDITION 3RD ADDITION OUTLOT N CITY OF ROSEMOUNT 13TH ADDITION 14TH ADDITION OUTLOT C (15TH ADDITION PLAT) 15TH ADDITION OUTLOT A (15TH ADDITION PLAT) INSET B. IN S E T C. INSET D. INSET E. CITY OF ROSEMOUNT CITY OF ROSEMOUNT INSET F. INSET A. OUTLOT B (15TH ADDITION PLAT) 16TH ADDITION 12TH ADDITION 148" 148" 148" 148"60" 24 23 22 21 20 BL O C K 2 148TH ST. W. 5 4 3 2 1 8 7 5 4 3 2 1 6 BL O C K 1 OU T L O T B OU T L O T C OU T L O T I AMBER FIELDS PASS AMBER FI E L D S P A S S ASTER BOULEVARD ASTER BOULEVARD BASIN 1918 PER CITY WETLAND WE-18-006 11258-000 AU B U R N A V E . OUTLOT A AM B E R F I E L D S MA I N T E N A N C E R E S P O N S I B I L I T Y E X H I B I T 733 Marquette Avenue Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com Suite 700 INSET B.INSET C.INSET D.INSET E. LEGEND INSET F. 2ND ADD. 4TH ADD. 4TH ADD. 5TH ADD. INSET A. 16TH ADD. OUTLOT N 13TH ADDITION 14 5 T H - 1 5 5 T H OUTLOT N AK R O N A V E . CITY OF ROSEMOUNT RESPONSIBILITY INCLUDES R.O.W. ON BOTH SIDES OF AKRON AVE. BETWEEN 145TH ST. AND 155TH ST. 14 5 T H - 1 5 5 T H 2ND ADD. 148TH ST. W.148TH ST. W. AU B U R N A V E . 148TH S T . W . 14TH ADDITION Page 88 of 148 Attachment 1 Amber Fields 6th Subdivision Agreement Revised July 2024 3731736.v3 ATTACHMENT ONE Amber Fields 6th Final Plat Page 89 of 148 AMBER FIELDS SIXTH ADDITION CITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTA This plat was approved by the City Council of ROSEMOUNT, Minnesota, this _________ day of _____________________, 20 ____ and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2. By:___________________________________________________________________ Mayor Clerk COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this _________ day of _____________________, 20 ____. _________________________________ Todd B. Tollefson Dakota County Surveyor COUNTY BOARD OF COMMISSIONERS, COUNTY OF DAKOTA, STATE OF MINNESOTA We do hereby certify that on the 19th day of July, 2022, the Board of Commissioners of Dakota County, Minnesota, approved this plat of AMBER FIELDS SIXTH ADDITION and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to the Dakota County Contiguous Plat Ordinance. By: ________________________________ Chair, County Board Attest:_____________________________ County Treasurer - Auditor DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20___ on the land 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 ____. _________________________________________, Director Amy A. Koethe, Department of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of AMBER FIELDS SIXTH ADDITION was filed in the office of the County Recorder for public record on this _________ day of _____________________, 20 ____, at ___ o'clock ___.M. and was duly filed in Book_________________ of Plats, Page______________________ , as Document Number _______________________ . _______________________________________ Amy A. Koethe, County Recorder KNOW ALL PERSONS BY THESE PRESENTS: That Rosemount Cosgrove, LLC, a Delaware limited liability company, owner of the following described property: Outlot B, AMBER FIELDS, corrected in Document No. 3545750, according to the recorded plat thereof, Dakota County. Has caused the same to be surveyed and platted as AMBER FIELDS SIXTH ADDITION and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat. In witness whereof said Rosemount Cosgrove, LLC, a Delaware limited liability company, has caused these presents to be signed by its proper officer this _________ day of _____________________, 20 ____. Signed: Rosemount Cosgrove, LLC, a Delaware limited liability company. By: Enclave Manager, LLC, a North Dakota limited liability company, its Manager By: ___________________________________________ Austin J. Morris, Manager of Enclave Manager, LLC STATE OF NORTH DAKOTA COUNTY OF CASS The foregoing instrument was acknowledged before me this_________ day of _____________________, 20 ____, by Austin J. Morris, a Manager of Enclave Manager, LLC, a North Dakota limited liability company, Manager of Rosemount Cosgrove, LLC, a Delaware limited liability company, on behalf of the limited liability company. ________________________________________ Signature ________________________________________ Printed Name Notary Public, ___________County, ________ My Commission Expires __________________ SURVEYORS CERTIFICATE I Daniel Ekrem do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this ___________ day of _____________________ , 20 ____. _________________________________________ Daniel Ekrem, Licensed Land Surveyor Minnesota License No. 57366 STATE OF MINNESOTA COUNTY OF _____________________ This instrument was acknowledged before me on ___________ day of _____________________ , 20 ____, by Daniel Ekrem. _________________________________________ Signature ________________________________________ Printed Name Notary Public,____________County, Minnesota My Commission Expires__________________ OFFICIAL PLAT Page 90 of 148 N0 0 ° 0 0 ' 3 5 " W 4 9 5 . 8 5 N89°42'19"W 944.44S89°48'43"W 244.09 N5 9 ° 1 1 ' 0 5 " W 13 6 . 6 3 R=1050.00 L=564.72 Δ=30°48'55" S00°30'44"W 85.01 BLOCK 1 LOT 1 EAST 533.19 NO R T H 7 1 0 . 0 3 AMBER FIELDS SIXTH ADDITION OFFICIAL PLAT Page 91 of 148 EXECUTIVE SUMMARY City Council Regular Meeting: March 4, 2025 AGENDA ITEM: Request by Magellan Land Development for approval of rezoning land from A-2 - Agricultural to R-2 - Low to Medium Density Residential, and a Preliminary Plat to develop 58 townhome units. AGENDA SECTION: NEW BUSINESS PREPARED BY: Julia Hogan, Planner AGENDA NO. 9.a. ATTACHMENTS: Ordinance , Resolution, Site Location, Property Survey, Preliminary Plat, Site Plan, Grading Plan, Sanitary Utility Plan, Storm Sewer Utility Plan, Existing Conditions, Removal Plan, Landscape Plan, Architectural Renderings, Engineer's Memo Dated January 10, 2025, Parks and Recreation Director's Memo Dated January 21, 2025, Dakota County Correspondence, Flint Hills Resources Correspondence, Public Comment APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt an Ordinance amending Ordinance B City of Rosemount Zoning Ordinance to change the zoning of the site from A-2 – Agricultural to R-2 – Low to Medium Density Residential Motion to adopt a resolution approving the Preliminary Plat for Akron Ridge, subject to conditions. BACKGROUND Owner: John and Joyce Remkus Applicant: Magellan Land Development Preliminary Plat Acres: 10 Acres Residential Lots Created: 58 Townhome Lots Gross Density: 6 Units/Acre Comprehensive Plan Guiding:L LDR – Low Density Residential Current Zoning: A-2 – Agricultural Proposed Zoning: R-2 – Low to Medium Density Residential The City Council is being asked to consider requests by Magellan Land Development for rezoning and preliminary plat approval to develop 58 townhome units on a 10-acre property east of Akron Avenue and north of Bonaire Path that will be called Akron Ridge. The property is currently zoned A-2 – Agricultural, and the applicant is requesting that the site be rezoned to R-2 – Low to Medium Density Residential to accommodate the townhome development. The site is shown to have a total of 12 townhome buildings, with 5 of the buildings containing 6 units per building, and the remaining 7 buildings will contain 4 units per building. At this time, only a preliminary plat is being requested with Page 92 of 148 the applicant planning on submitting a Final Plat for the project at a later date. Staff and the Planning Commission are recommending approval of the rezoning and preliminary plat requests, subject to the conditions listed in the attached resolution. PLANNING COMMISSION ACTION The Planning Commission held a public hearing at their January 28, 2025, meeting to review the requests for rezoning and preliminary plat approval to develop 58 townhome units on a 10-acre parcel currently addressed as 13040 Akron Avenue. Staff presented the requests to the Commission where they inquired about the area around the site, future development in the area and transportation impacts. The Commission also asked about the future land use of the site being guided as Low Density Residential. Staff clarified that the site is guided Low Density Residential, and that both the R-1 – Low Density Traditional Residential zoning district and R-2 – Low to Medium Density Residential zoning district are allowed zoning districts under the Low-Density Residential land use designation per the City's Comprehensive Plan. During the public hearing portion of the item, the applicant came forward to answer questions the Commission had. The applicant also explained that the housing product that is being proposed for the site will be for-sale townhomes that are designed to look like single-family homes and are similar in height to single-family homes. There were two residents that spoke during the public hearing portion that voiced concerns regarding pedestrian and traffic safety, as well as potential privacy concerns. After additional discussion among the Commission, it was approved 6-1 to continue the item until the February 25, 2025, Planning Commission meeting to give the applicant additional time to explore the pedestrian safety concerns. The applicant reached out to both Dakota County and Flint Hills Resources with regard to pedestrian safety options. Flint Hills explained in their correspondence to the applicant that they would need to conduct significant additional research before allowing a pedestrian path along their land east of the subject site. They explained that the area where a potential trail could go would be located over a pipeline and further investigation and discussion would need to be done to determine the feasibility. Dakota County stated in their correspondence that the County does not have any current projects programmed in their 5-year Capital Improvement Program (CIP) to add a trail along the east side of CSAH 73 (Akron Avenue) in front of the parcel where the proposed project is located. The trail gap along the east side of Akron Avenue is identified in the County’s 2040 Transportation Plan to be completed with a future road realignment. The future road realignment will occur just north of the subject property. There were also discussions with the County regarding a potential crosswalk across Akron Avenue that would give access to the trail on the west side of the road. The County stated that they had not considered a crosswalk in this area of Akron Avenue and that there would need to be additional research and analysis done before a decision could be made. Both correspondences from Flint Hills Resources and Dakota County have been included as attachments in the agenda packet. At the February 25, 2025, Planning Commission Meeting this item was on the agenda. A public hearing was not held for this item as the public hearing portion was closed at the previous Planning Commission meeting, but the Chair did allow for additional public comment on the item. Staff presented the requests and additional pedestrian safety information that was submitted by the Page 93 of 148 applicant to the Commission. The Commission had various questions for the City’s Parks and Recreation Director who was present at the meeting. Some of the questions were regarding the trails/pedestrian access along Akron Avenue. Director Schultz explained that with Akron Avenue being a collector road that the plan is to have pedestrian trails along both sides of the road. Though there is currently a trail along the west side of Akron Avenue, the plan is to also have a trail on the east side of the road as development occurs. In the short term, there is an 8-foot-wide painted curb line on both sides of Akron Avenue in this part of the city, which gives ample space for people to maneuver within the shoulder of the road. He also explained that this is not the first development in town where there has not been a direct pedestrian connection made at the time of development. Though Dakota County doesn’t have it in their CIP, the city will continue to work with them on safe crossing options in the area. The Commission asked the applicant if they would consider incorporating language into the HOA declaration that the property to the south is private property and trespassing would not be allowed. The applicant stated that is something they could incorporate into their regulations. The Commission also wanted clarification on traffic and infrastructure-related concerns that residents had brought up. Staff explained that Dakota County reviews all plats that are adjacent to County Roads and the County had no concerns about the additional traffic volumes that this project would produce. Staff also stated that there is existing utility infrastructure located within Akron Avenue, and this development will be able to utilize that infrastructure. The Commission collectively agreed to recommend a condition of approval with the Preliminary Plat that outlines that the Homeowners Association (HOA) covenants include acknowledgment that the property to the south is privately owned, and that trespassing would not be allowed. The Planning Commission voted unanimously to recommend approval of the proposed project. BACKGROUND The subject property is located at 13040 Akron Avenue which is located directly east of Akron Avenue and approximately a ½ mile north of Bonaire Path. The 10-acre property is zoned A-2 – Agricultural and it contains a single-family home built in 1989. The land directly north and east of the site is owned by Flint Hills Resources and is also zoned A-2. There are currently no plans for development on land located adjacent to this property that is owned by Flint Hills Resources. The land directly west across Akron Avenue contains the Caramore Crossing development which contains traditional detached single-family homes. The land directly south of the subject site is zoned A-2 – Agricultural and contains a single-family home. The proposed development area is guided for LDR – Low Density Residential, which is outlined in the City’s 2040 Comprehensive Plan land use map. Low Density Residential housing types allows for detached single-family homes, duplexes, twin homes, and townhomes. This subject parcel and the parcel to the south are shown in the Land Use Plan to be one of the last areas in this portion of the city for additional residential growth. ISSUE ANAYLSIS Legal Authority Preliminary plat applications are quasi-judicial decisions for the City Council, meaning that the Council is acting as judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Page 94 of 148 Subdivision Ordinance are being followed. Generally, if these applications meet the City’s established requirements, they must be approved. Rezonings are a legislative decision for the city, but the rezoning must conform with the adopted Comprehensive Plan to be approved. Therefore, while technically legislative in nature, if a rezoning is in line with the Comprehensive Plan, it should be approved. Staff's review of each application is provided below. General Subdivision Design The preliminary plat area is located directly east of Akron Avenue and approximately ½ mile north of Bonaire Path and north of the Flint Hills Recreation Complex. The site is shown to be accessed by a single public street that extends east and then south off of Akron Avenue. A private road extends east off a portion of the public street to access the proposed townhomes. There are also three private drives that extend south off of the main private road which will give access to a portion of the townhome units. There are guest parking stalls shown throughout the site, specifically on the southern portion of the main private road. There are two stormwater management areas shown on site, one located on the western side of the site east of Akron Avenue and adjacent to the public street. The other ponding area is shown to be on the most eastern side of the site adjacent to the eastern property line and east of the main private drive cul-de-sac. There are 58 townhome units proposed throughout the development area which are shown to be mixed throughout 4-unit and 6-unit townhome buildings. Rezoning and Land Use The site is designated for LDR – Low Density Residential land uses, which typically consists of single- family housing or townhomes with few units per building. The LDR land use designation allows for housing density for up to 6 units per acre. The subject property is currently zoned A-2 – Agricultural, which allows for 1 unit per 40 acres. The applicant is requesting the site be rezoned to R-2 – Low to Medium Density Residential to accommodate the 6 units per acre that is proposed throughout the development. The R-2 zoning district is an allowed secondary zoning district under the LDR – Low Density Residential land use category. The city has most recently seen developments such as Autumn Terrace and Ardan Place be rezoned to an R-2 zoning to accommodate the density of twin home and townhome units. The land north, east and south of the site are currently zoned A-2 – Agricultural and land west of the site is zoned R-1 – Low Density Residential. The land north and east of the site are owned by Flint Hill Resources and development is not yet planned for those areas. The land to the south is similar in nature to the subject site as it has a land use designation of LDR – Low Density Residential. The area to the west contains the Caramore Crossing development which contains detached single-family homes. The city is supportive of this site being rezoned to R-2 – Low to Medium Density Residential as it meets the density requirements laid out in the land use designation of the site. Phasing The applicant has provided a phasing schedule that shows development initially occurring on the eastern portion of the site, the most western portion of the site, and the northern portion of the site. The public access road off of Akron Avenue, the main private road, both stormwater ponding areas and 30 townhome units will be a part of the first phase of development. The second phase will consist of the remaining 28 townhome units on the southern end of the site and as well as three of the private Page 95 of 148 drive areas. Streets and Parking There is one access road shown into the preliminary plat area extending east off of Akron Avenue. This access road is shown to be a public road and extends south up to the southern property line. There is a private road that extends east off of the public street and gives access to the townhomes throughout the site. The private road ends in a cul-de-sac in the eastern portion of the property adjacent to the future storm water ponding area. There are three private drive segments that extend south off of the main private drive road that gives access to the southern townhome units. The public street will be maintained by the developer until development occurs to the south, which then will transition to a publicly maintained road. On the site plan, there is a total of 29 guest parking stalls provided throughout the site. A majority of the guest parking is shown along the southern main private road that extends east off of Akron Avenue. Each townhome is shown to have two enclosed spaces per unit as well. The number of enclosed units and visitor parking stalls meet the minimum requirement outlined within the zoning code. Also shown throughout the site are 5-foot sidewalks along the southern portion of the main private road and along the southeastern portion of the public road off of Akron Avenue. The portion of the sidewalk along the public road is shown to end at the southern boundary of the property, but when development occurs to the south, that will be extended with the road. The city and applicant met with the Dakota County Plat Commission at their January 15, 2025, meeting to discuss the proposed preliminary plat. The Plat Commission approved the preliminary and final plat for the site provided that the conditions outlined in the memorandum that was put together by the County be met. One of those conditions is that a short right-turn lane will need to be installed with access to the site on Akron Avenue. Parks And Open Space The Parks and Recreation staff has reviewed the plans for the proposed Akron Ridge development and has provided review comments in the attached memorandum. The Parks and Recreation department is recommending that an 8-foot-wide trail be benched in on the west side of the development along Akron Avenue. Staff is also recommending that the developer provide the city with a payment to cover the cost of installing the trail. Due to the City not looking to acquire parkland in this development area, the park dedication for Akron Ridge would be cash-in-lieu. The cash dedication for 58 townhome units is $165,300 (58 units x $2,850). Preservation and Landscaping A tree inventory was conducted on the 10-acre subject site and a total of 1,443 significant tree inches were identified throughout the property. A total of 1,409 caliper inches will need to be removed from the site to allow for development, which means a total of 524 caliper inches of trees will be required to be replaced on site following the formula laid out in the zoning code. In the submitted landscape plan it shows that the required 524 caliper inches of trees will be met. The landscape plan shows that a total of 226 trees will be planted throughout the preliminary plat Page 96 of 148 area. The zoning code states that multi-family residential sites that contain buildings that are one (1) or two (2) stories shall provide a minimum of eight (8) overstory or coniferous trees plus one (1) tree per unit. There are 58 townhome units proposed for this development, so a total of 66 trees is required for that standard. The landscape plan shows to meet that minimum requirement. Trees are shown to be located throughout the site within the open areas, along the public street and private streets, and along the northern, western, and southern property boundaries. Due to the location of transmission easements on the eastern end of the site, trees are unable to be planted in that area. A landscape surety in the amount of $74,580 (226 trees x $300 plus 10%) is required as a condition of approval. Engineering Review The City’s engineer has provided a memorandum containing comments related to the plans provided. The memorandum included comments related to utilities, grading, general storm sewer design and stormwater management. A copy of the memorandum is included in the attachments. RECOMMENDATION The Planning Commission and staff are recommending approval of the rezoning and preliminary plat requests to develop 58 townhome units on the 10-acre subject property based on the information provided by the applicant and reviewed in this report. Page 97 of 148 City of Rosemount Ordinance No. B-XXX AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Akron Ridge THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDINANCE AS FOLLOWS: Section 1. Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is hereby amended to rezone property from A-2 – Agricultural to R-2 – Low to Medium Density Residential within the City of Rosemount legally described as follows: The South 328.09 feet of the North 394.09 feet of the West Half of the Northeast Quarter of Section 22, Township 115, Range 19, according to the Government Survey thereof, Dakota County, Minnesota. Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled “Zoning Map of the City of Rosemount,” shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 4th day of March, 2025. CITY OF ROSEMOUNT Jeffery D. Weisensel, Mayor ATTEST: Erin Fasbender, City Clerk Page 98 of 148 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-XX A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR AKRON RIDGE WHEREAS, Magellan Land Development (Applicant) has submitted an application to the City of Rosemount for a Preliminary Plat concerning property legally described as follows: The South 328.09 feet of the North 394.09 feet of the West Half of the Northeast Quarter of Section 22, Township 115, Range 19, according to the Government Survey thereof, Dakota County, Minnesota. WHEREAS, on January 28, 2025, the Planning Commission of the City of Rosemount conducted a public hearing as required by ordinance for the purpose of receiving public comment and review the proposed Preliminary Plat; and WHEREAS, on January 28, 2025, the Planning Commission of the City of Rosemount voted to continue this item to the next Planning Commission meeting; and WHEREAS, on February 25, 2025, the Planning Commission of the City of Rosemount found the request consistent with the criteria for Preliminary Plat review outlined in the Subdivision Ordinance and adopted a motion to recommend approval of the application for a Preliminary Plat; and WHEREAS, on March 4, 2025, the City Council of the City of Rosemount reviewed and agreed with the Planning Commission’s recommendation to grant a Preliminary Plat for Akron Ridge. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Preliminary Plat for Akron Ridge, subject to the following conditions: A. Execution of a Subdivision Agreement. B. Conformance with all requirements of the City Engineer as detailed in the attached memorandum dated January 10, 2025. C. Conformance with all requirements stated within the Dakota County Plat Commission Memorandum. D. Payment of $74,580 as a Landscape Surety. E. Compliance with the conditions and standards within the Parks and Recreation Director’s memorandum dated January 21, 2025. F. Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. G. Incorporation of any easements necessary to accommodate drainage, ponding, streets and utilities. H. Payment of trunk area charges in the amount of: 1. Sanitary Sewer Trunk Charge: $1,075/acre 2. Watermain Trunk Charge: $6,500/acre 3. Storm Sewer Trunk Charge: $6,865/acre Page 99 of 148 2 I. The applicant shall include in the HOA covenants an acknowledgment that the property to the south is private, and trespassing is not allowed. ADOPTED this 4th day of March 2025, by the City Council of the City of Rosemount. __________________________________________ Jeffery D. Weisensel, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Page 100 of 148 Page 101 of 148 14 100 FD RLS1 X X X X X X X X X X X X X X X X XXX X X X X X X X X XXXXXXXXX GV AK R O N A V E N U E Now or Formerly: Now or Formerly: Now or Formerly: Now or Formerly: 2. 1 15 V GV for JASON PALMBY NWS Project No. 24694 13040 AKRON AVE, ROSEMOUNT, MN BASED UPON TITLE COMMITMENT NO. 696319 OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY BEARING AN EFFECTIVE DATE OF MAY 13, 2024 SITE 13 A GRAPHIC SCALE 0 1" = 50' 25' 50'100' 14 15 A 07/12/2024 Page 102 of 148 SITE PROJECT LOCATION DAKOTA COUNTY SITE MINNESOTA AKRON RIDGE CITY OF ROSEMOUNT SIT E RESIDENTIAL DEVELOPMENT PROJECT ROSEMOUNT, MN CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: SITE Page 103 of 148 Now or Formerly: Now or Formerly: Now or Formerly: | | | | | | | | | | 1 1 1 1 LEGEND:SURVEY DATATYPICAL LOT DIMENSION LAYOUT EXISTING ZONING SITE DATA EXISTING LEGAL DESCRIPTION PROPOSED UNITS / DENSITY PROPOSED PHASE SCHEDULE CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: PROPOSED ZONING KEY NOTES: VISITOR PARKING Page 104 of 148 | | | | | | | | | | | | | | | | | | | | 1 1 1 1 LEGEND:SURVEY DATA GENERAL GRADING NOTES: CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: Page 105 of 148 | | | | | | | | | | | | | | | | | | | | 1 1 1 1 LEGEND: CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: SURVEY DATA Page 106 of 148 | | | | | | | | | | | | | | | | | | | | | | | | 1 1 1 1 LEGEND:GENERAL UTILITY NOTES:SANITARY AND WATER UTILITY NOTES: CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: SURVEY DATA Page 107 of 148 | | | | | | | | | | | | | | | | | | | | | | | | 1 1 1 1 LEGEND:GENERAL UTILITY NOTES STORM SEWER UTILITY NOTES: CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: SURVEY DATA Page 108 of 148 | | | | | | | | | | | | | | | | | | | | 1 1 1 1 SWPPP NARRATIVE POLLUTION PREVENTION NOTES EROSION CONTROL NOTES EROSION CONTROL INSTALLATION SCHEDULE EROSION CONTROL MAINTENANCE SCHEDULE VEGETATION GROUND COVER SCHEDULE RESPONSIBLE PARTY Owner: Contractor: Manager: EROSION CONTROL QUANTITIES: DESIGN CALCULATIONS SWPPP Designer: LEGEND: EXISTING LEGAL DESCRIPTION LOCATION OF SWPPP REQUIREMENTS IN PLANS SURVEY DATA CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: SITE DATA Page 109 of 148 X X X X X X X X X X X X X X X X XXX X X X X X X X X XXXXXXXXX Now or Formerly: Now or Formerly: Now Now or Formerly: 2. 1 | | | | | | | | | | LEGEND: DEMOLITION NOTES CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: SURVEY DATA EXISTING LEGAL DESCRIPTION Page 110 of 148 HORIZ: 1"=50' VERT: 1"=5' CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: Page 111 of 148 HORIZ: 1"=50' VERT: 1"=5' CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: Page 112 of 148 CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: Page 113 of 148 CONCRETE PAVEMENT - LIGHT DUTY CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: BITUMINOUS PAVEMENT BITUMINOUS PAVEMENT BITUMINOUS PAVEMENT BITUMINOUS PAVEMENT BITUMINOUS PAVEMENT Page 114 of 148 CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: Page 115 of 148 CI V I L E N G I N E E R I N G SI T E D E S I G N PO Box 302 Excelsior, MN 55331 Jason Palmby 612-220-6641 jason@palmby.com Magellan Land Development INDEX OF CIVIL SITE DRAWINGS: BASIN OUTLET CONTROL STRUCTURE (OCS-1) INFILTRATION BASIN GENERAL NOTES: Page 116 of 148 Summary Inches Total Significant Tree Inches: 1,443 Heritage Inches:0 Significant Inches Removed: 1,409 Allowed Removals (25%) 361 Inches Removed Above Allowed:1,048 Mitigation Inches Owed (.5" per Inch Removed)524 Page 117 of 148 Page 118 of 148 Page 119 of 148 TAG NO. TREE DIA. (IN) SPECIES CONDITION SIGNIFICANT? HERITAGE? REMOVE? 238 12 BLUE SPRUCE FAIR Y N Y 239 6 BLUE SPRUCE FAIR Y N Y 240 13 BLUE SPRUCE FAIR Y N Y 241 7 BLUE SPRUCE FAIR Y N Y 242 8 BLUE SPRUCE FAIR Y N Y 243 10 BLUE SPRUCE FAIR Y N Y 244 8 BLUE SPRUCE FAIR Y N Y 245 7 BLUE SPRUCE FAIR Y N Y 246 18 COTTONWOOD GOOD Y N Y 247 19 COTTONWOOD FAIR Y N Y 248 16 COTTONWOOD FAIR Y N Y 249 16 COTTONWOOD FAIR Y N Y 250 30 COTTONWOOD GOOD Y N Y 251 6 BOXELDER FAIR Y N Y 252 21 COTTONWOOD FAIR Y N Y 253 8 BOXELDER POOR Y N Y 254 19 COTTONWOOD FAIR Y N Y 255 16 COTTONWOOD FAIR Y N Y 256 15 COTTONWOOD POOR Y N Y 257 22 COTTONWOOD FAIR Y N Y 258 14 COTTONWOOD FAIR Y N Y 259 8 BOXELDER FAIR Y N Y 260 12 COTTONWOOD GOOD Y N Y 261 8 BOXELDER POOR Y N Y 262 7 BOXELDER POOR Y N Y 263 23 COTTONWOOD FAIR Y N Y 264 27 COTTONWOOD GOOD Y N Y 265 20 COTTONWOOD FAIR Y N Y 266 7 BOXELDER POOR Y N Y 267 8 BOXELDER POOR Y N Y 268 7 BOXELDER POOR Y N Y 269 16 COTTONWOOD POOR Y N Y 270 16 COTTONWOOD FAIR Y N Y 271 14 COTTONWOOD FAIR Y N Y 272 15 COTTONWOOD FAIR Y N Y 273 13 COTTONWOOD FAIR Y N Y 274 9 BOXELDER POOR Y N Y 275 22 BOXELDER FAIR Y N Y 276 15 COTTONWOOD FAIR Y N Y 277 18 COTTONWOOD FAIR Y N Y 278 13 COTTONWOOD FAIR Y N Y 279 18 COTTONWOOD FAIR Y N Y 280 16 COTTONWOOD FAIR Y N Y 281 14 COTTONWOOD FAIR Y N Y 282 18 COTTONWOOD FAIR Y N Y 283 19 COTTONWOOD FAIR Y N Y 284 14 COTTONWOOD FAIR Y N Y 285 9 BOXELDER FAIR Y N Y 286 17 BOXELDER FAIR Y N Y 287 9 BOXELDER FAIR Y N Y 288 19 COTTONWOOD POOR Y N Y 289 19 COTTONWOOD FAIR Y N Y 290 22 COTTONWOOD FAIR Y N Y 291 7 BOXELDER POOR Y N Y 292 10 BOXELDER POOR Y N Y 293 11 NORWAY MAPLE GOOD Y N Y 294 9 WHITE OAK FAIR Y N Y 295 9 WHITE OAK FAIR Y N Y 296 12 WHITE PINE GOOD Y N Y 297 12 WHITE PINE GOOD Y N Y 298 12 WHITE PINE GOOD Y N Y 299 12 WHITE PINE GOOD Y N Y 300 12 WHITE PINE GOOD Y N Y 501 12 WHITE PINE GOOD Y N Y 502 12 WHITE PINE GOOD Y N Y 503 10 WHITE OAK GOOD Y N Y 504 24 SILVER MAPLE GOOD Y N Y 505 9 WHITE OAK GOOD Y N Y 506 12 SILVER MAPLE GOOD Y N Y 507 15 SILVER MAPLE GOOD Y N Y 508 15 SILVER MAPLE GOOD Y N Y 509 10 WHITE OAK GOOD Y N Y 510 14 NORWAY MAPLE POOR Y N Y 511 9 RED MAPLE GOOD Y N Y 512 15 SILVER MAPLE FAIR Y N Y 513 11 NORWAY MAPLE GOOD Y N Y 514 7 GREEN SPRUCE POOR Y N Y 515 10 BLUE SPRUCE POOR Y N Y 516 7 BLUE SPRUCE POOR Y N Y 517 6 BLUE SPRUCE FAIR Y N Y 518 9 BLACK HILLS SPRUCE FAIR Y N Y 519 10 BLACK HILLS SPRUCE FAIR Y N Y 520 8 BLACK HILLS SPRUCE FAIR Y N Y 521 6 BLACK HILLS SPRUCE FAIR Y N Y 522 16 COTTONWOOD GOOD Y N Y 523 26 COTTONWOOD GOOD Y N Y 524 20 COTTONWOOD GOOD Y N Y 525 17 SILVER MAPLE FAIR Y N Y 526 6 BLACK HILLS SPRUCE FAIR Y N Y 527 8 BLACK HILLS SPRUCE FAIR Y N Y 528 11 BLACK HILLS SPRUCE FAIR Y N Y 529 11 BLACK HILLS SPRUCE FAIR Y N Y 530 6 BLACK HILLS SPRUCE FAIR Y N Y 531 12 RED OAK GOOD Y N Y 532 6 BLACK HILLS SPRUCE FAIR Y N Y 533 8 BLACK HILLS SPRUCE FAIR Y N Y 534 8 BLACK HILLS SPRUCE FAIR Y N Y 535 9 BLACK HILLS SPRUCE FAIR Y N Y 536 8 BLACK HILLS SPRUCE FAIR Y N Y 537 8 BLACK HILLS SPRUCE FAIR Y N Y 538 8 BLACK HILLS SPRUCE FAIR Y N Y 539 6 BLACK HILLS SPRUCE FAIR Y N Y 540 8 BLACK HILLS SPRUCE FAIR Y N Y 541 8 BLACK HILLS SPRUCE FAIR Y N Y 542 8 BLACK HILLS SPRUCE FAIR Y N Y 543 8 BLACK HILLS SPRUCE FAIR Y N Y 544 10 BLACK HILLS SPRUCE FAIR Y N Y 545 8 BLACK HILLS SPRUCE FAIR Y N Y 546 8 BLACK HILLS SPRUCE FAIR Y N Y 547 9 BLACK HILLS SPRUCE FAIR Y N Y 548 8 BLACK HILLS SPRUCE FAIR Y N Y 549 9 BLACK HILLS SPRUCE FAIR Y N Y 550 8 BLACK HILLS SPRUCE FAIR Y N Y 551 8 BLACK HILLS SPRUCE GOOD Y N Y 552 8 GREEN APPLE TREE FAIR Y N Y 553 10 WHITE PINE GOOD Y N N 554 7 BOXELDER POOR Y N Y 555 6 AMERICAN BEECH POOR Y N N 556 18 BLACK CHERRY GOOD Y N N TAG NO. TREE DIA. (IN) SPECIES CONDITION SIGNIFICANT? HERITAGE? REMOVE? Page 120 of 148 Square Feet: 1,504 Bedrooms: 3 Full Baths: 2 Half Baths: 1 Garages: 2 Stories: 2 Madison Elevation Unit 2 Elevation Unit 3 Elevation 4 Units Page 121 of 148 Be c a u s e w e a r e c o n s t a n t l y i m p r o v i n g o u r p r o d u c t , w e r e s e r v e t h e r i g h t t o r e v i s e , c h a n g e , a n d / o r s u b s t i t u t e p r o d u c t f e a t u r e s , d i m e n s i o n s , s p e c i f i c a t i o n s , a r c h i t e c t u r a l d e t a i l s , a n d d e s i g n s w i t h o u t n o t i c e . In a d d i t i o n , o p t i o n s s h o w n m a y n o t b e a v a i l a b l e i n a l l c o m m u n i t i e s . T h i s b r o c h u r e i s f o r i l l u s t r a t i o n p u r p o s e s o n l y a n d i s n o t p a r t o f a l e g a l c o n t r a c t . P r i c e s a r e s u b j e c t t o c h a n g e w i t h o u t n o t i c e . R o o m di m e n s i o n s a r e a p p r o x i m a t e a n d c a l c u l a t e d f r o m i n s i d e o f p a r t i t i o n . P l e a s e s e e a N e w H o m e C o n s u l t a n t f o r d e t a i l s . P r i n t e d 0 8 - 2 3 . Page 122 of 148 Square Feet: 1,667 Bedrooms: 3 Full Baths: 2 Half Baths: 1 Garages: 2 Stories: 2 Bayfield Elevation Unit 1 Elevation Unit 4 Elevation 4 Units Page 123 of 148 Be c a u s e w e a r e c o n s t a n t l y i m p r o v i n g o u r p r o d u c t , w e r e s e r v e t h e r i g h t t o r e v i s e , c h a n g e , a n d / o r s u b s t i t u t e p r o d u c t f e a t u r e s , d i m e n s i o n s , s p e c i f i c a t i o n s , a r c h i t e c t u r a l d e t a i l s , a n d d e s i g n s w i t h o u t n o t i c e . In a d d i t i o n , o p t i o n s s h o w n m a y n o t b e a v a i l a b l e i n a l l c o m m u n i t i e s . T h i s b r o c h u r e i s f o r i l l u s t r a t i o n p u r p o s e s o n l y a n d i s n o t p a r t o f a l e g a l c o n t r a c t . P r i c e s a r e s u b j e c t t o c h a n g e w i t h o u t n o t i c e . R o o m di m e n s i o n s a r e a p p r o x i m a t e a n d c a l c u l a t e d f r o m i n s i d e o f p a r t i t i o n . P l e a s e s e e a N e w H o m e C o n s u l t a n t f o r d e t a i l s . P r i n t e d 0 2 - 2 4 . Page 124 of 148 Square Feet: 1,506 Bedrooms: 3 Full Baths: 2 Half Baths: 1 Garages: 2 Stories: 2 Ashland Elevation Unit 1 Elevation Unit 4 Elevation 4 Units Page 125 of 148 Be c a u s e w e a r e c o n s t a n t l y i m p r o v i n g o u r p r o d u c t , w e r e s e r v e t h e r i g h t t o r e v i s e , c h a n g e , a n d / o r s u b s t i t u t e p r o d u c t f e a t u r e s , d i m e n s i o n s , s p e c i f i c a t i o n s , a r c h i t e c t u r a l d e t a i l s , a n d d e s i g n s w i t h o u t n o t i c e . In a d d i t i o n , o p t i o n s s h o w n m a y n o t b e a v a i l a b l e i n a l l c o m m u n i t i e s . T h i s b r o c h u r e i s f o r i l l u s t r a t i o n p u r p o s e s o n l y a n d i s n o t p a r t o f a l e g a l c o n t r a c t . P r i c e s a r e s u b j e c t t o c h a n g e w i t h o u t n o t i c e . R o o m di m e n s i o n s a r e a p p r o x i m a t e a n d c a l c u l a t e d f r o m i n s i d e o f p a r t i t i o n . P l e a s e s e e a N e w H o m e C o n s u l t a n t f o r d e t a i l s . P r i n t e d 0 8 - 2 3 . Page 126 of 148 Square Feet: 1,722 Bedrooms: 3 Full Baths: 2 Half Baths: 1 Garages: 2 Stories: 2 Hayward Elevation Unit 2 Elevation Unit 3 Elevation 4 Units Page 127 of 148 Be c a u s e w e a r e c o n s t a n t l y i m p r o v i n g o u r p r o d u c t , w e r e s e r v e t h e r i g h t t o r e v i s e , c h a n g e , a n d / o r s u b s t i t u t e p r o d u c t f e a t u r e s , d i m e n s i o n s , s p e c i f i c a t i o n s , a r c h i t e c t u r a l d e t a i l s , a n d d e s i g n s w i t h o u t n o t i c e . In a d d i t i o n , o p t i o n s s h o w n m a y n o t b e a v a i l a b l e i n a l l c o m m u n i t i e s . T h i s b r o c h u r e i s f o r i l l u s t r a t i o n p u r p o s e s o n l y a n d i s n o t p a r t o f a l e g a l c o n t r a c t . P r i c e s a r e s u b j e c t t o c h a n g e w i t h o u t n o t i c e . R o o m di m e n s i o n s a r e a p p r o x i m a t e a n d c a l c u l a t e d f r o m i n s i d e o f p a r t i t i o n . P l e a s e s e e a N e w H o m e C o n s u l t a n t f o r d e t a i l s . P r i n t e d 0 2 - 2 4 . Page 128 of 148 G:\2025\Planning Cases\25-04 RZ Akron Ridge Rezoning\027331-000 - Akron Ridge - Plan Review Memo 2025.01.10.docx 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M Memorandum To: Brian Erickson, City Engineer Nick Egger, Director of Public Works Anthony Nemcek, Senior Planner Jane Byron, Storm Water Specialist From: Amanda Sachi, PE Henry Meeker, EIT Kris Keller, PE Date: January 10, 2025 Re: Akron Ridge – Preliminary Plat/Site Plan Review WSB Project No. 0267331-000 We have reviewed the documents provided by Civil Engineering Site Design on December 31, 2024. Documents reviewed include: • Akron Ridge Civil Set, dated 12/31/24 • Akron Ridge Strom Sewer Pipe Size Analysis, dated 12/31/24 • Akron Ridge Drainage Analysis, dated 12/31/24 Applicant should provide responses to each comment. We offer the following comments below. 1. General a. Submit for and provide copies to the City of all required permits from regulatory agencies (MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, etc.) b. This site will need to pay some additional regional ponding fees to cover the portion of the site draining to CR 73 ROW. c. Address redline comments on attached plan sheets 2. Preliminary Plat & Site Plan a. Show all drainage and utility easements. b. Note locations of B-618 and D-412/Modified 'S' curb use c. Reference City Standard Detail ST-7 for all valley gutter crossings d. Provide stop/street name signs e. Provide 25' radii at development entrance f. Label all radii of private drives g. Call out ADA compliant ped ramps at all sidewalk crossings h. Provide barricades at private drives A-D for future Phase 2 streets with Phase 1 construction 3. Grading and Retaining Wall Plan a. Provide EOF locations, elevations, and routes for all low points in the roadway and green spaces Page 129 of 148 Akron Ridge – Preliminary Plat/Site Plan Review January 10, 2025 Page 2 i. EOFs must meet minimum 1' freeboard requirements from adjacent or impacted buildings b. Coordinate grading in electrical easement with utility provider i. Verify clearances are not impacted with fills nor structures undermined with cuts. c. Retaining walls exceeding 4’ in height shall require a plan prepared by a licensed engineer submitted for review and approval by the Building Official prior to permit issuance. i. Install fence as required for safety ii. Provide a maintenance agreement to the City on behalf of the homeowners' association as part of the development agreement Retaining wall changed to <4’ in height. 4. Utilities a. Provide limits of public and private facilities including storm sewer, sanitary sewer, water supply and surface improvements. i. Provide easements for all public improvements ii. Provide additional easement for northern storm sewer 1. Easement should be twice the depth of the utility with a minimum of 20' b. All sanitary structures and pipe to be a minimum 6' deep c. Show sanitary and water services on plans i. Show curb stops and cleanouts 1. Show or note that Ford A1 (or approved equal) castings are to be installed on curb stops or cleanouts in impervious surfaces d. Provide utility profiles for all streets i. Show all utility crossings in profile view ii. Call out all required adjustments and offsets at utility crossings iii. Maintain minimum 18" vertical separation between sewer and water iv. Insulate when separation between storm sewer and water is less than 36" e. Recommend installing draintile 25' in each direction of the low point catch basins as per City Standard Detail SD-7 f. Additional gate valves to be installed on private street stubs with Phase 2 i. Stubbed to the south and plugged with Phase 1 g. Verify whether there are utility service stubs present i. Only penetrations and a cross are shown on the as-built ii. Verify if a service stub is present, whether there is an existing gate valve iii. Show additional impacts and restoration required for connections if necessary iv. Match existing sanitary sewer pipe slope h. Realign utilities to the east and north along the future public road i. Stub utilities to southern development limits ii. Reduces required structures and main lengths i. 8" main required to the hydrant lead on the private drives i. Gate valves to be installed with Phase 2 extensions Page 130 of 148 Akron Ridge – Preliminary Plat/Site Plan Review January 10, 2025 Page 3 ii. Shift hydrants to the side of the road instead of at the end for snow removal j. Extend watermain along Private Drive D to the southern development limits for future looping i. Provide air bleed at the end of the pipe 5. Existing Conditions & Removal Plan a. No comments 6. Details a. No comments Stormwater Management Grading, Drainage, and Erosion Control Comments: 1. General a. A NPDES permit will be required since over an acre of disturbance is proposed. Remains an open comment. b. Soil infiltration testing is recommended to determine design infiltration rates. Rates of up to 3 in/hr will be considered by the City Engineer. Applicant continuing use of 0.8 in/hr per SP-SM soils data. c. Provide a vegetation restoration/landscaping plan. Remains an open comment. 2. Ponds and Wetlands a. The pretreatment cell for the proposed BMP must include a clay liner to ensure it does not drain between rain events. Infiltration basin cross section shown, should include dead storage and call out liner. 3. Emergency Overflow Routes: a. No comments. 4. Retaining Walls: a. Retaining walls exceeding 4’ in height shall require a plan prepared by a licensed engineer submitted for review and approval by the Building Official prior to permit issuance. Retaining wall changed to <4’ in height. 5. Erosion Control: a. Biorolls must surround the entire BMP surface, extend them around the whole 930 contour. b. Riprap must be specified to the bottom of the pretreatment cell in plan view. Remains an open comment. 6. Grading: a. The maximum allowable slope above the pond NWL is 4:1, the 3:1 slopes graded above 936 must be revised. These slopes are corrected on the grading plan, but must be corrected in cross- section detail. Page 131 of 148 Akron Ridge – Preliminary Plat/Site Plan Review January 10, 2025 Page 4 Stormwater Management Plan: 1. General Storm Sewer Design a. Provide a profile view of storm sewer, including callouts for any potential utility conflicts. • The minimum vertical separation between utilities is 18” and insulation is needed for any crossings of storm sewer and watermain within 36”. Remains an open comment. b. The pipes from FES-34 to CB-33 and CB-21 to FES-B must be revised to provide sufficient flow capacity. c. It is preferred that roof drains flow over pervious surface prior to capture in storm sewer. Provide reasoning for or revise roof drainage for units 19-36 north of Private Rd E. Response requested. d. Crown matching is recommended where pipes increase in diameter. Remains an open comment. e. Catchbasin inlets must not exceed 3 cfs of inflows for the 10-year storm event. Flows to each CB must be included in the capacity calculations. f. Flows through intersections should be reduced to the maximum extent practical, catchbasins should be shifted upgradient of intersections to capture flows. g. City standard practice is to have a drop inlet instead of a flared end section at FES-34. • All yard inlets should be reduced as much as feasible. Remains an open comment. This also extends to FES-F and FES-I h. Storm sewer outfalls must route to a pretreatment cell, it is recommended to route CBMH-13 to CBMH-32 to consolidate storm sewer and route to the pretreatment cell. Remains an open comment. i. The BMP must have a City standard OCS, including a weir wall set to at least the 100-yr HWL elevation and sluice gate to open for emergency operation. See attached detail. j. Permission is needed from Dakota County to outlet western BMP into the existing CBMH. k. Ensure weir wall is constructable with only 0.15’ of elevation difference to the OCS grate. 2. Water Quantity a. Required modeling events are the 2-, 10, and 100-year 24-hour events and the 10-day snowmelt event of 7.2 inches. The 1-year event is not required to be modeled. Remains an open comment. b. HydroCAD runoff modeling must be set to “Calculate separate Pervious/Impervious runoff (SBUH weighting)” rather than Weighted-CN. Remains an open comment. c. HydroCAD drainage areas must match between models, there is a 0.38 acre decrease from existing to proposed conditions. 3. Rate/Volume Control a. BMP outflows are not allowable for any rainfall events besides the 10-day snowmelt. This should be achieved with the City standard OCS referenced above. Page 132 of 148 Akron Ridge – Preliminary Plat/Site Plan Review January 10, 2025 Page 5 4. Freeboard a. Please confirm that proposed buildings are slab on grade. If basements are proposed, the low floor must be 1’ above the BMP EOF and HWL. Response requested. 5. Water Quality a. Infiltration calculations must be provided based on City requirements of basin area (not counting basin side slopes) sized to 1/12 ac-ft/ac/day for the entire site area. The following formula can be used to determine this area: 𝑅𝑐𝑞𝑞�ℎ𝑞𝑐𝑐 𝐴𝑞𝑐𝑎 (𝑎𝑐)=𝑅�ℎ𝑞𝑐 𝐴𝑞𝑐𝑎 (𝑎𝑐) 𝐼𝑛𝑐�ℎ𝑙𝑞𝑞𝑎𝑞�ℎ𝑛𝑛 𝑅𝑎𝑞𝑐 (�ℎ𝑛�𝑞⁄) ∗0.0416 (𝑐𝑛𝑛𝑞𝑐𝑞𝑞�ℎ𝑛𝑛 𝑐𝑎𝑐𝑞𝑛𝑞) • The current infiltration surface appears to be undersized for the ~19 ac tributary area. Applying the above formula for the 9.62 site acres and 0.8 in/hr infiltration rate results in a required infiltration area of 0.50 acres. The proposed infiltration area of 0.36 acres (excludes side slopes and dead pool surface area) is not large enough. b. The pretreatment cell within the BMP must be designed according to NURP standards. This includes a 10’ safety bench and dead storage volume of at least the 2.5” storm event runoff volume. 6. Easements a. The proposed BMP must be fully contained in a drainage and utility easement. Extend D&U easement to cover entire east BMP up to HWL. General Infrastructure design shall be completed in accordance with the City of Rosemount’s Engineering Guidelines and Standards. Infrastructure construction shall be completed in accordance with the latest edition of the City’s General Specifications and Standard Detail Plates for Street and Utility Construction. Page 133 of 148 M E M O R A N D U M To: Adam Kienberger, Community Development Director Anthony Nemcek, Senior Planner Julia Hogan, Planner From: Dan Schultz, Parks and Recreation Director Date: January 21, 2025 Subject: Akron Ridge Development The Parks and Recreation Department recently reviewed the plans for the Akron Ridge Development and has the following comments: Local Trails and Sidewalks The sidewalk amenities appear to be designed in a manner that works toward the City’s goal of having a well-connected community. Staff does recommend that an 8-foot-wide trail be benched in on the west side of development along Akron Avenue. The developer will also provide the City with a payment to cover the cost of installing the trail. The amount that is paid will be agreed upon by City staff and the developer. Parks Dedication Because the City is not looking to acquire parkland in this development, the parks dedication for this development would be cash in-lieu of land. The cash dedication for 58 medium density units @ $2,850 per units would be $165,300. The Parks and Recreation Commission will review the preliminary plat on Monday, January 27. Please let know if you have any questions about this memo. Page 134 of 148 ---------- Forwarded message --------- From: Chapek, Jacob <Jacob.Chapek@co.dakota.mn.us> Date: Wed, Jan 29, 2025 at 4:23 PM Subject: CSAH 73 (Akron Ave) - East Trail To: Jason Palmby <jason@palmby.com> Afternoon Jason, Per request, I am following our phone discussion regarding the Akron Ridge proposed development on CSAH 73 (Akron) in Rosemount. The County does not have any current projects programmed in our 5-year Capital Improvement Program (CIP) to add a trail along the east side of CSAH 73 in front of the parcel the Akron Ridge is proposing to develop. The trail gap along the east side of CSAH 73 in relation to your parcel is identified in our 2040 Transportation Plan to be completed with a future road realignment that was adopted with the Pine Bend Arterial Connector Study (2016). The future road realignment occurs just north of the property in question. Thanks, Jake Jake Chapek, PE Assistant County Engineer Transportation Department P 952-891-7104 W www.dakotacounty.us A 14955 Galaxie Ave, Apple Valley, MN 55124 Note: This email and its attachments may contain information protected by state or federal law or that may not otherwise be disclosed. If you received this in error, please notify the sender immediately and delete this email and its attachments from all devices. Page 135 of 148 ---------- Forwarded message --------- From: Horner, Kristina <kristina.horner@fhr.com> Date: Tue, Feb 4, 2025 at 3:29 PM Subject: Re: Akron Ridge To: Jason Palmby <jason@palmby.com> Jason, Thank you for contacting Flint Hills Resources. We have reviewed your request for a bike path on Flint Hills Resources property to help connect with the community park. At this time, we need to conduct significant additional research. The area you inquired about is over a pipeline, which necessitates further investigation and discussions with our Pipeline department to determine feasibility. If your development wishes to explore this matter further, please let me know. Thank you, Kristina Horner Page 136 of 148 From:Amanda Williams To:Anthony Nemcek; city council members; Julia Hogan Subject:Townhome development across from the Meadow Ridge neighborhood Date:Monday, February 24, 2025 3:25:04 PM Hello, I’m emailing to voice my concerns about the proposed townhome development across from the Meadow Ridge neighborhood. For many reasons I am against this development. A few being unclear or lack of planned infrastructure, public safety, resource strain, potential tax increases on single family home owners, and the loss of community character this side of town is already experiencing with the plethora of multi-family developments already underway. Further, it is our understanding the neighbor (SFH) directly to the south is opposed to this development as they are already experiencing increased instances of trespassing due to the activity at the Flint Hills Athletic Complex, and despite their best attempts, the city has not worked to address their concerns. This development may exacerbate these issues for this neighbor. While it might not have been intentional, this development has caught many of us by surprise, and we are requesting additional time for public input with the developer, planning commission, and council. I am hopeful the planning commission will not recommend rezoning for a multi-family development, and if they should, that the city council will consider the unresolved issues and potential negative outcomes as a result of this rezoning and send it back to the planning commission for reconsideration that would seed additional public input to the project. Thank you, Amanda Williams Page 137 of 148 From:Andrew Moe To:city council members Subject:Akron Ridge Development Date:Wednesday, February 19, 2025 9:21:21 PM Hello Mayor and Councilmembers, My family and I live at 12915 Ardroe Ave, and I have a few concerns with the Akron Ridge townhome development. First, we received the notice for the developer’s meeting the day before the meeting, and some of our neighbors did not receive the letter until after the meeting had occurred. I was disappointed to have to miss the meeting for work obligations and I was also disappointed to hear the developer present the lack of attendance as support for the project. The lack of attendance was directly related to the late notice and the large number of our neighbors that have jobs and kids. Second, and most importantly, this project is a major safety issue for those of us that live and drive on Akron Avenue. The speed limit is 50 and people often exceed that. Putting 58 homes walking distance from a park, a trail, and an elementary school- without requiring any kind of sidewalk, crossing, or pedestrian improvements is reckless and unsafe. We know that the residents of those new homes will want to use the trails and parks and will cross Akron or walk on Akron to get to these amenities. I do not want to see my neighbors killed or injured on this road because of lack of safe pedestrian upgrades. It is important to me that development has a plan for pedestrians and traffic. If the developer wishes to build these homes they should acquire right-of-way to attach their community to the existing pedestrian infrastructure. Please do not approve this project without forcing the developer to first hold a real community meeting and acquire the land to connect the development to the local pedestrian infrastructure. Thank You! Andrew Moe 612-231-9292 Page 138 of 148 From:Danielle Charles To:Anthony Nemcek; city council members; Julia.hogan@rosemount.gov Subject:Akron Ridge development proposal Date:Tuesday, February 25, 2025 10:58:41 AM Importance:High Dear Members of the City Planning Commission & City Council, I am writing to express my concerns regarding the proposal by Magellan Land Development to re-zone the parcel of land at 13040 Akron Ave, Rosemount, MN from agriculture to LDR/R-2, with the intent to build 58 townhomes. Firstly, the proposed location presents significant safety concerns for our community. The parcel is at the top of a hill with poor visibility in a 50 mph zone, posing dangers for children, pedestrians and moving traffic. This development would unnecessarily create hazardous traffic situations, with real life experience witnessing vehicles often exceeding 60 mph. The addition of an R-2 development on this lot would also complicate the turn lane configuration. I understand there is a center turn lane, but unless you live in this area and understand existing traffic flows and habits, it could be easy to minimize the risk this development would pose. Flows include but are not limited to: Northbound on Akron continuing to IGH, Southbound traffic from IGH continuing into Rosemount on Akron, Northbound on Akron merging into turn lane to turn left onto 127th just after the hill at this property, Southbound on Akron merging into their turn lane for the proposed development (near the oncoming traffic merging into their turn lane to turn left onto 127th), residents turning left out of proposed development onto Akron to go Southbound crossing over the Northbound speeding traffic while also trying to avoid the Southbound Akron traffic turning left into the complex coming in from the opposite direction, residents turning right out of townhouses into Akron Northbound. This development would lead to a complicated traffic flow in a fast 50 mph zone, without traffic signals, sidewalks, crosswalks or other safety measures for vulnerable young children walking to school or the park. Presently, this is a safe travel zone without any concerns. This development would surely lead to serious accidents at some point and increased complaints to the City. Further, the County has confirmed they have no existing plans through at least 2030 to build safety infrastructures at this area such as sidewalks, crosswalks, or other safety features. The lack of sidewalks in the area compounds these traffic safety issues and reduces walkability for pedestrian residents. Residents of the proposed development would have to navigate this busy avenue without sidewalks for a short stretch, a particular concern for young children walking to the elementary school who do not qualify for bussing. This is especially worrying for our youngest, most vulnerable population. Moreover, contrary to a Commissioner's statement at the last meeting, children in the nearby neighborhood do use the open fields and beautiful playground structure at Flint Hills Athletic Complex. Children walk there from Meadow Ridge to play soccer, baseball, volleyball, and free play. The elementary and middle school kids from a proposed townhouse development, due to no private yards or large open spaces, would most definitely be traveling to the park unattended, left vulnerable to oncoming traffic. While this land may be designated for re-zoning in the city's 2040 comprehensive plan, Page 139 of 148 approving this particular proposal is not in the best interest of the community. In addition to the above concerns, the proposed development includes roadways, landscaping, and a decent size drainage pond which calls into question whether the 58 townhomes meet the requirements of R-2. Accounting for the actual acreage the units would be built on and not the entire property acreage, it's estimated to be only 6-8 acres being built upon, therefore 58 units would exceed the 6 units/acre threshold for R-2. Additionally, the future comp plan for this land is slated for rezoning to a primary zoning of regular LDR R-1. While technically R-2 qualifies it is a "limited secondary zoning" option. With this proposal, R-2 is the only zoning the developer's plan would fit under; this is not the preferred future zoning use. If you compare nearby townhouse developments, Ardan Place townhomes are on a residential street 30 mph zone. The older townhomes off of Autumn Path (near Connemara) are also on a slower speed zone residential street with sidewalks. The latest development, Bray Hill off of Bonaire & Akron, has much better accessibility to town, transportation, amenities, sidewalks & crosswalks. That was actually proposed to be R-1/R-2 but is being developed as R-1 SFH's (only 47 on 17 cares). That property would have been more favorable for R-2 so one must urge you to consider that this particular proposal in question on this lot does not make sense. One Commissioner at the last meeting said, "I’m all for more housing." While growth is positive, we plead—please listen to the community you serve. Not every proposal has to be a "yes." Development decisions should focus on existing residents, and needs of future residents, not on maximizing developer profits or saying yes because "technically" R-2 is allowed. Please say "no" to this proposal and consider other residential development ideas for this land in the future. For example, single-family homes (SFH's) built at a lower density would reduce the number of residents, pedestrians, and traffic thereby reducing likelihood of serious accidents. Private yards would likely result in residents using their own yard spaces more often than a residents of a townhouse development that would be more likely to frequently walk to the park on the street or through the neighbors' property. A single-family home (SFH) development might include an HOA that maintains a fence on the property line, addressing safety and privacy concerns for the neighboring property as well. Additionally, statistics show that owners of SFH's are more likely to have and utilize their own transportation compared to residents of multi-dwelling properties. This statistic would thereby suggest that a SFH development would reduce the number of pedestrians and school children walking. Further, those residents might seek out a more rural setting and not require access to city amenities; this parcel location is a bit of an island. The current infrastructure and location of the parcel does not support the proposed development. In conclusion, approving this proposal feels like forcing a square peg into a round hole. This area is not easily walkable, it's disconnected from amenities, it's not safe and it does not align with the goals of the qualities of LDR neighborhoods outlined in the 2040 Comp plan. The proposed development would not be safe for future or existing residents traveling across that area daily at high speeds. There is no immediate need to rush this development. As a concerned resident, I ask that either the existing infrastructure be enhanced to address the safety & privacy needs or request the developer choose an alternate plan such as SFH's that would better align with the safety, location and zoning preferences. Thank you for considering my concerns. I urge the City Planning Commission and/ir City Council to vote “no” to this proposal and instead consider safer and better options of leaving the zoning as agriculture or developing LDR R-1 SFH's only. Page 140 of 148 Sincerely, Danielle Charles 12681 Abbeyside Ct, Rosemount, MN 55068 (Meadow Ridge - right off Akron/127th) Get Outlook for iOS Page 141 of 148 From:Rich To:city council members; Julie.hogan@rosemountmn.gov; Anthony.nemecek@rosemountmn.gov Subject:OPPOSITION to Akron development in Rosemount Date:Saturday, February 22, 2025 3:38:31 PM Good afternoon, I am contacting you to voice my concerns about the proposed townhome development across from the Meadow Ridge neighborhood. For many reasons, especially the reduction in home values and loss of green space, in addition to other significant concerns (e.g., unknown, unclear, or lack of planned infrastructure, public safety issues, resource strain, and loss of community character this side of town with the many multi-family developments already underway), I am against this development. Further, it is my understanding the neighbor (SFH) directly to the south is opposed to this development as they are already experiencing increased instances of trespassing due to the activity at the Flint Hills Athletic Complex. This development will only exacerbate these issues for this neighborhood and my community. My hope is to ensure Rosemount grows as a safe, sought after community that is thriving economically balanced with greenspace. This development will have long term negative repercussions to our area along with the town of Rosemount, overall. I am requesting additional time for public input with the developer, planning commission, and council. I am asking the city council to consider the unresolved issues and likely negative outcomes to send it back to the planning commission for reconsideration to seed additional public input to the project. Thank you, Rich Douglas Page 142 of 148 From:Su Jones To:Anthony Nemcek; Julia Hogan Subject:Re: OPPOSITION to Akron development in Rosemount Date:Saturday, February 22, 2025 4:34:12 PM Good morning, I am contacting you to voice my concerns about the proposed townhome development across from the Meadow Ridge neighborhood. For many reasons, especially the reduction in home values and loss of green space, in addition to other significant concerns (e.g., unknown, unclear, or lack of planned infrastructure, public safety issues, resource strain, and loss of community character this side of town with the many multi-family developments already underway), I am against this development. Further, it is my understanding the neighbor (SFH) directly to the south is opposed to this development as they are already experiencing increased instances of trespassing due to the activity at the Flint Hills Athletic Complex. This development will only exacerbate these issues for this neighborhood and my community. My hope is to ensure Rosemount grows as a safe, sought after community that is thriving economically balanced with greenspace. This development will have long term negative repercussions to our area along with the town of Rosemount, overall. I am requesting additional time for public input with the developer, planning commission, and council. I am asking the city council to consider the unresolved issues and likely negative outcomes to send it back to the planning commission for reconsideration to seed additional public input to the project. Thank you, Su Jones Page 143 of 148 EXECUTIVE SUMMARY City Council Regular Meeting: March 4, 2025 AGENDA ITEM: Adoption of City Council Goals and Strategic Directions AGENDA SECTION: NEW BUSINESS PREPARED BY: Logan Martin, City Administrator AGENDA NO. 9.b. ATTACHMENTS: 2024-2029 Strategic Plan APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt the City Council's Goals and Strategic Directions, as presented. BACKGROUND City Council and staff convened on January 30 to discuss the current 5-year Strategic Plan for the City and short-term goals / initiatives for '25/'26. It's critical to gather together at the beginning of each year to reflect on past successes, confirm the direction of the City, and discuss immediate steps needed. The 2024-2029 Strategic Plan guides this work (attached) and includes the following key components which are summarized below. Grow & Enhance Rosemount • Rosemount’s downtown is vibrant, its business parks are strong and varied, and housing options are provided for all residents. Create Community Connections • Rosemount is well-connected, retains the community’s trust, and is a visit / athletic destination. Preserve our Hometown Feel • Rosemount is a hometown to all residents, has well-loved community events, partners with key stakeholders and neighborhoods. Support a culture of High Performance • Rosemount is an employer of choice driven by a strong culture and a focus on efficiency and innovation. In order to accomplish these goals, staff and the Council discussed actions and key steps anticipated in 2025 / 2026. Staff will present a brief overview of those items for discussion at the regular meeting. RECOMMENDATION Motion to adopt the City Council's Goals and Strategic Directions, as presented. Page 144 of 148 Grow & Enhance Rosemount Rosemount has a vibrant and welcoming downtown that attracts residents and visitors. Rosemount’s business parks showcase a varied and resilient local economy. Rosemount redevelops key corridors intentionally to foster functionality and visual appeal. Rosemount offers well rounded neighborhoods and housing for residents in all stages of life. Preserve Our Hometown Feel Rosemount is a hometown to everyone with active participation and engagement from all. Rosemount is home to regular and highly anticipated community activities. Rosemount celebrates and fosters key partnerships within education, arts, and athletics. Rosemount’s neighborhoods are connected and engaged with strong representation and regular gatherings. Create Community Connections Rosemount is well-connected via sidewalks, trails, and regional greenways. Rosemount is a destination for recreation and athletics. Rosemount city government is a trusted source for local news and community updates. Support a Culture of High Performance Rosemount is an employer of choice with a culture of growth, teamwork, and innovation that attracts and retains top candidates. Rosemount city government welcomes creativity that creates efficiency and drives additional value to residents. Strategic PlanStrategic Plan 2024 through 2029 Page 145 of 148 Search Results from 03/05/2025 to 03/31/2025 ◄ Return to Previous Main Calendar Fire Department Recruitment Night March 8, 2025, 8:00 AM - 10:00 AM More Details Planning Commission Meeting March 17, 2025, 6:30 PM - 7:30 PM More Details Port Authority March 18, 2025, 6:00 PM - 7:00 PM More Details City Council Meeting March 18, 2025, 7:00 PM - 8:00 PM More Details Youth Commission Meeting March 19, 2025, 3:45 PM - 4:45 PM More Details Fire Department Recruitment Night March 19, 2025, 6:00 PM - 8:00 PM More Details Parks and Recreation Commission Meeting March 24, 2025, 7:00 PM - 8:00 PM More Details Utility Commission Meeting March 31, 2025, 5:30 PM - 7:00 PM More Details @ Fire Station No. 1 @ Fire Station No. 1 Select Language Translate Page 146 of 148 Main Calendar City Council Work Session Meeting April 1, 2025, 5:00 PM - 7:00 PM More Details City Council Meeting April 1, 2025, 7:00 PM - 8:00 PM More Details 2025 Rosemount Expo April 5, 2025, 9:30 AM - 2:30 PM Connect with the Rosemount community at Rosemount High School while shopping and networking with over 50 local businesses. This is a family-friendly event, featuring activities, food, and entertainment. Interested in becoming a vendor? Secure your booth today and celebrate everything that makes Rosemount special! Booth Registration is available through March 14. More Details Environment and Sustainability Commission Meeting April 8, 2025, 6:00 PM - 7:00 PM More Details City Council Meeting April 15, 2025, 7:00 PM - 8:00 PM More Details Planning Commission Meeting April 22, 2025, 6:30 PM - 7:30 PM More Details Youth Commission Meeting April 23, 2025, 3:45 PM - 4:45 PM Su M Tu W Th F Sa 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 April 2025 @ Rosemount High School  Select Language Translate Page 147 of 148 More Details Parks and Recreation Commission Meeting April 28, 2025, 7:00 PM - 8:00 PM More Details Government Websites by CivicPlus® Translate Page 148 of 148