HomeMy WebLinkAboutItem 06.l
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(Reserved for Dakota County Recording Information )
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT
FOR CHOKECHERRY HILL 6TH ADDITION
WHEREAS, the owner of the plat described as Chokecherry Hill 6th Addition has
requested preliminary and final plat approval; and
WHEREAS, the preliminary and final was reviewed by the Planning Commission
and the Parks, Recreation and Natural Resources Committee; and
WHEREAS, the preliminary and final plat are acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The preliminary and final plat for Chokecherry Hill 6th Addition is hereby
approved subject to the development contract and security requirements.
2. The Mayor and City Clerk are hereby directed to sign the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
ADOPTED by the Lakeville City Council this 21st day of February, 2017.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. _______ is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 21st day of February 2017, as shown by the
minutes of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CHOKECHERRY HILL 6TH ADDITION
CONTRACT dated ____________________, 2017, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and SHAMROCK DEVELOPMENT, INC., a Minnesota
corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for Chokecherry Hill 6th Addition (referred to in this Contract as the "plat"). The land is situated in the
County of Dakota, State of Minnesota, and is legally described as:
Outlot C, Chokecherry Hill 2nd Addition, according to the recorded plat thereof,
Dakota County, Minnesota,
Together with
Remnant 24, as shown on Dakota County Road Right-Of-Way Map No. 345,
according to the map on file and of record in the Dakota County Recorder’s
Office.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
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3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Dakota
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan 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 Contract 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 requirements enacted after the date of this
Contract.
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7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
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The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the
City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer’s engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible “as
constructed” plans and an electronic file of the “as constructed” plans in an AutoCAD .DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
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individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2017. 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.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
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14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits, the
Developer shall provide the City with an “as constructed” grading plan certified by a registered land
surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed
on public easements or land owned by the City. The “as constructed” plan shall include field verified
elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and
elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow
areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and
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all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance of building permits
until the approved certified grading plan is on file with the City and all erosion control measures are in place
as determined by the City Engineer. The Developer certifies to the City that all lots with house footings
placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The
soils observation and testing report, including referenced development phases and lot descriptions, shall
be submitted to the Building Official for review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the
City to guarantee compliance with the erosion control and grading requirements and the submittal of an
as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control
security that is submitted with the building permit, an as-built certificate of survey for single family lots must
be submitted to verify that the final as-built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work,
and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
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include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3%) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City’s in-house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated
construction cost.
19. STORM SEWER AREA CHARGE. The Storm Sewer Area Charge has not been
collected on the parent parcels, and must be paid in cash at the time of final plat approval. The Storm
Sewer Area Charge is calculated as follows:
45,319.82 s.f. x $0.178/s.f. = $8,066.93
Area of Chokecherry Hill 6th Addition Single-Family Residential Area Charge Total
20. SANITARY SEWER AVAILABILITY CHARGE. The Sanitary Sewer Availability Charge
has not been collected on the parent parcels and must be paid at the time of final plat approval. The fee
will be based on the current rate in effect at the time of final plat approval, calculated as follows:
3 units x $327.00 = $981.00
Total Dwelling Units
In Chokecherry Hill 6th Addition
Sanitary Sewer Availability Charge
Per Unit
Total Sanitary Sewer
Availability Charge
21. CONSTRUCTION ACCESS. Construction traffic access and egress for grading is
restricted to access the subdivision from a single rock construction entrance off of Iden Way. The
Developer must post a $1,000.00 security at the time of final plat approval to ensure that the Iden Way
roadway and sidewalk is not damaged during the site grading and development improvements.
22. PARK DEDICATION. The Park Dedication requirement has not been collected on the
parent parcels and will be satisfied through a cash contribution that must be paid at the time of final plat
approval. The Park Dedication Fee will be based on the rate in effect at the time of final plat approval,
calculated as follows:
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3 lots x $3,781.00 = $11,343.00
Lots in Chokecherry Hill 6th
Addition
Park Dedication Fee Park Dedication Requirement
23. STREET LIGHT OPERATION COSTS. A cash fee for one-year of streetlight operating
expenses shall be paid at the time of final plat approval and is calculated as follows:
3 units x $35.03/unit. = $105.09
Dwelling Units Streetlight Operating Fee Total
24. ENVIRONMENTAL RESOURCES EXPENSES. A cash fee for one-year of environmental
resources expenses shall be paid at the time of final plat approval and is calculated as follows:
3 units x $37.20/unit = $111.60
Dwelling Units Environmental Resources Fee Total
25. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to
insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches
caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be
planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side
yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be
planted within sixty (60) days after a home has received a certificate of occupancy. Before a building
permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance
with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may
enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion
of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer or property owner is responsible for
contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent
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(50%) of the security will be released when all the landscaping has been installed and inspected by City
staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and
any warranty work has been completed.
26. BUFFER YARD BERM/LANDSCAPE SCREEN. City zoning and subdivision ordinances
require the installation of a buffer yard berm/landscape screen for the three (3) lots that abut Dodd
Boulevard. Before the City signs the final plat, the Developer shall post a security of $5,550.00 to
guarantee the installation of the buffer yard berm/landscape screen in accordance with the approved
landscape plan. In addition, a cash escrow of $1,000.00 for each lot within Chokecherry Hill 6th Addition
must be submitted with the building permit applications for the lots abutting Dodd Boulevard to guarantee
the installation of the buffer rear yard sod. This escrow will be in addition to the two trees/per lot and front
yard sod escrow required prior to the issuance of a building permit.
27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the January 26, 2017 Engineering Report.
B. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $300.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: three
(3) lots/outlots at $100.00 per lot/outlots. The security will be held by the City until the
Developer's land surveyor certifies that all irons have been set following site grading and utility
and street construction. In addition, the certificate of survey must also include a certification that
all irons for a specific lot have either been found or set prior to the issuance of a building permit
for that lot.
C. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $270.00.
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D. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
28. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $12,425.00, plus a cash fee of $21,027.62
pursuant to Paragraph 29. If an alternate security is furnished, the Developer shall also furnish a letter of
credit for twenty-five percent (25%) of the alternate security amount to cover any contract increases. The
amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Site Grading, Erosion Control, Restoration $ 5,000.00
and Grading Certification
CONSTRUCTION SUB-TOTAL $ 5,000.00
OTHER COSTS:
A. Developer’s Design (3.0%) $ 150.00
B. Developer’s Construction Survey (2.5%) 125.00
C. City Legal Expenses (Est. 0.5%) 25.00
D. City Construction Observation (Est. 5.0%) 250.00
E. Developer’s Record Drawings (0.5%) 25.00
F. Landscaping 5,550.00
G. Protect Iden Way during Construction 1,000.00
H. Lot Corners/Iron Monuments 300.00
OTHER COSTS SUB-TOTAL $ 7,425.00
TOTAL SECURITIES: $ 12,425.00
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security, on five (5) business
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days written notice to the Developer, for any violation of the terms of this Contract or without notice if the
security is allowed to lapse prior to the end of the required term. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down
without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of
proof satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the
financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the
Developer's engineer shall be retained as security until all improvements have been completed, all financial
obligations to the City satisfied, the required "as constructed" plans have been received by the City, a
warranty security is provided, and the public improvements are accepted by the City Council. The City’s
standard specifications for utility and street construction outline procedures for security reductions.
29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication $ 11,343.00
B. Sanitary Sewer Availability Charge 981.00
C. Storm Sewer Area Charge 8,066.93
D. Streetlight Operating Fee 105.09
E. Environmental Resources Fee 111.60
F. City Base Map Updating 270.00
G. City Engineering Administration 150.00 (3% for letters of credit or 3.25% for alternate disbursement)
TOTAL CASH REQUIREMENTS $ 21,027.62
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
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maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
31. 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 plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
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(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
32. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract 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, assess the cost in whole or in part.
33. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies 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 plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
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D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits.
F. If building permits are issued prior to the 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, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. 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 Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. The
Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and/or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
cause to be taken out and maintained until six (6) months after the City has accepted the
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public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City. A copy of the endorsement must be submitted
with the certificate of insurance.
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Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. 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
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
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191150v2
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
34. 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 certified mail at the
following address: 3200 Main Street N.W., Suite 300, Coon Rapids, Minnesota 55448. Notices to the
City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City
by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195
Holyoke Avenue, Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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191150v2
CITY OF LAKEVILLE
BY: ___________________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND __________________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2017, by Douglas P. Anderson and by Charlene Friedges, the Mayor and City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
______________________________________________
NOTARY PUBLIC
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
February 2, 2017
Chair Swenson called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Jason Swenson, Vice Chair Brooks Lillehei, Karl Drotning,
Paul Reuvers, Pat Kaluza, Elizabeth Bakewicz, Ex-officio member Nic Stevens
Members Absent: Scott Einck, Jason Kelvie
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Kris Jenson, Associate Planner; Matt Decur, Project Engineer; and Penny Brevig,
Recording Secretary
3. Approval of the Meeting Minutes
The January 19, 2017 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey stated the following items were distributed to the Planning Commission at
tonight’s meeting:
• February 1, 2017 Parks, Recreation and Natural Resources Committee
draft motions for the Chokecherry Hill 6th Addition and Kenwood Trail
Business Park preliminary plats
• E-mail from a resident voicing her concerns regarding Agenda Item 6,
Lakeville Christian Church CUP
• Copy of the concept plan for the CSAH 50 Kenwood Corridor Study in
relation to Agenda Item 7, Kenwood Trail Business Park
5. Chokecherry Hill 6th Addition
Chair Swenson opened the public hearing to consider the application of Shamrock
Development for the following, located north of 190th Street and east of Dodd
Boulevard (CSAH 9): A. Preliminary plat of three single family residential lots to be
known as Chokecherry Hill 6th Addition; and B. Vacation of a public drainage and
utility easement.
Jim Stanton of Shamrock Development was not in attendance. Associate Planner
Kris Jenson presented the planning report. Ms. Jenson stated that Shamrock
Development has applied for a preliminary and final plat for three single family
residential lots located north of 190th Street and east of Dodd Boulevard.
Ms. Jenson indicated that there are no new public streets, sanitary sewer or water
improvements for Chokecherry Hill 6th Addition. These were completed with the
development of Chokecherry Hill 2nd Addition. All three lots in the preliminary and
Planning Commission Meeting Minutes, February 2, 2017 Page 2
final plat meet the RST-2 District lot area, width, depth, and setback requirements of
the Zoning Ordinance. Ms. Jenson indicated that all three lots abut Dodd Boulevard,
requiring increased buffer yard lot depth and setbacks.
There is a permanent public drainage and utility easement on the parent parcel,
Outlot C, Chokecherry Hill 2nd Addition, that must be vacated in conjunction with the
Chokecherry Hill 6th Addition plat. These easements are along the east property line
adjacent to Iden Way and along the west property line adjacent to Dodd Boulevard.
Ms. Jenson indicated that these easements will be replaced with the public drainage
and utility easements shown on the Chokecherry Hill 6th Addition final plat.
Ms. Jenson stated that staff recommends approval of the Chokecherry Hill 6th
Addition preliminary and final plat and vacation of the public drainage and utility
easement, subject to the 4 stipulations listed in the January 26, 2017 planning
report.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Reuvers to close the public
hearing at 6:06 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. The Planning
Commission agreed that this plat is a logical extension of the Chokecherry Hill
development. There were no other comments.
Motion was made by Lillehei, seconded by Bakewicz to recommend to City
Council approval of the Chokecherry Hill 6th Addition preliminary plat of three single
family residential lots and vacation of a public drainage and utility easement, located
north of 190th Street and east of Dodd Boulevard (CSAH 9), subject to the following
stipulations:
1. The recommendations listed in the January 26, 2017 engineering report.
2. The recommendations of the Parks, Recreation, and Natural Resources
Committee.
3. Buffer yard landscaping must be installed consistent with the approved
landscape plan and Zoning Ordinance requirements. A $5,550 security must be
submitted by the developer to guarantee installation of the buffer yard
landscaping.
4. A $1,000 cash escrow must be submitted with the building permit application for
each lot within the Chokecherry Hill 6th Addition plat to guarantee installation of
the buffer rear yard sod. This escrow will be in addition to the two trees/lot and
front yard sod escrow required at the time of building permit.
Commissioner Drotning commented that it is unusual the Planning Commission
would make a recommendation on a preliminary plat without the developer being
present, but because the three lots were shown conceptually on the Chokecherry
Hill 2nd Addition plans, he is comfortable recommending approval.
Planning Commission Meeting Minutes, February 2, 2017 Page 3
Ayes: Bakewicz, Lillehei, Swenson, Reuvers, Kaluza, Drotning
Nays: 0
6. Lakeville Christian Church
Chair Swenson opened the public hearing to consider the application of Lakeville
Christian Church for a conditional use permit to allow the following, located at 16701
Joplin Way: A. A church in the RS-3, Single Family Residential District; and B. An
exception to the exterior building material requirements to convert a single family
home to an institutional use.
Mark Holman, representing the Lakeville Christian Church Board of Trustees
presented an overview of their request. He stated the size of the home and the
exterior materials will remain unchanged. Cars will enter and exit the site from the
proposed parking lot access off of 167th Street. He indicated there will be 30 to 40
members that will attend this church and the building will only be used for worship
services and not any other events. The length of their meetings will be 30 to 60
minutes, twice a week. He added that this will be their third location in Lakeville.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Lakeville Christian Church representatives have submitted an application
for a conditional use permit (CUP) to allow a single family split level home, located in
the Rolling Oaks South Plat Two residential development at 16701 Joplin Way, to be
converted to a church with a 40 seat main assembly hall along and a 16 stall parking
lot. The subject property is zoned RS-3, Single Family Residential District. Their
request also includes an exception from the exterior building material requirements
for institutional uses so the church can maintain the existing residential character of
the neighborhood by keeping the residential design and exterior building materials
intact.
The subject property is the largest lot in the Rolling Oaks South development and
meets or exceeds the minimum required lot area and setback requirements for the
RS-3 District.
Mr. Dempsey indicated that if the property is no longer used for a church, the
building shall be converted back to a single family residential use, the parking lot
shall be removed, and groundcover shall be reestablished in compliance with Zoning
Ordinance requirements prior to building occupancy.
Mr. Dempsey reviewed the performance standards applicable for this CUP request
including both a church in the RS-3, Single Family Residential District and an
exception to the exterior building material requirements.
He stated the church representatives hosted a neighborhood meeting on January
12, 2017 to introduce their proposal and to answer questions from the neighboring
residents.
Mr. Dempsey stated that staff recommends approval of the Lakeville Christian
Church CUP and adoption of the Findings of Fact dated February 2, 2017, subject to
the 18 stipulations listed in the January 27, 2017 planning report.
Parks, Recreation & Natural Resources Committee Meeting Minutes, February 1, 2017 Page 2
available in order to provide this information to committee members. Committee
member Storms pitched an idea to have a brainstorming session with committee
members and the Recreation staff to discuss possible recreation programs and activities.
It was suggested that Recreation staff members attend committee meetings more often
in the future to give updates on recreation programs and activities, staff will determine
the frequency of this.
Lakeville Area Arts Center Manager Joe Masiarchin discussed the main types of programs
that are offered at the Arts Center. Joe shared information around various grants that
were awarded from the state and how this impacts the operation of the Arts Center.
Committee members had questions regarding funding for the Arts Center. Joe shared
that much of the funding comes from fundraising, donations and ticket sales as well as tax
subsidies. Committee members shared ideas on how to best promote and highlight the
extra effort that staff dedicates to fundraising ventures. Staff shared details around how
shows are selected and that recommendations are consistently flowing in. The Lakeville
Area Arts Center hosts 16 of its own shows in addition to those hosted by local theatre
groups in the area. Staff provided an overview of how time at the Arts Center is managed
and who oversees this process with the theatre groups and other performers that hold
shows there. Outdoor venue possibilities were discussed as well as what measures staff
takes when the Arts Center is fully booked.
This segment concluded with committee members introducing themselves to staff and
sharing information on their individual backgrounds.
This plat consists of the development of three single family residential lots on 1.04 acres.
The property is currently vacant following the demolition of a home that was removed
during the 2016 Dodd Boulevard reconstruction project. In conjunction with this plat,
there is a public drainage and utility easement that must be vacated.
to recommend to City
Council approval of the Chokecherry Hill 6th Addition Preliminary Plat subject to the
recommendations as presented by City staff.
Ayes: unanimous
This plat is a result of the Dakota County CSAH 50 roadway improvements. The plat is
designed to provide access to the existing businesses in the area. Staff shared that
community meetings have been held and that the City and Dakota County have been
working with the property owners throughout the process.
Committee member Hayes asked about the stormwater management plan. Staff shared
that the stormwater treatment plans will be finalized with the construction plans but
locations have been identified within the project area to treat stormwater.
to recommend to City
Council approval of the Kenwood Trail Preliminary Plat subject to the recommendations
as presented by City staff.
Ayes: unanimous
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Chokecherry Hill
6th Addition
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City of LakevilleLocation Map
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Preliminary/Final Plat
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Chokecherry Hill 6th Addition
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Easment Vacation
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Dakota County Surveyor’s Office
Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124
952.891-7087 Fax 952.891-7127 www.co.dakota.mn.us
November 15, 2016
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Re: CHOKECHERRY HILL 6TH ADDITION
The Dakota County Plat Commission met on November 14, 2016, to consider the preliminary plat of the
above referenced plat. The plat is adjacent to County State Aid Highway (CSAH) 50, and is therefore subject
to the Dakota County Contiguous Plat Ordinance.
The plat includes three residential lots from Outlot C, CHOKECHERRY HILL 2ND ADDITION and a remnant
parcel from the recent County Road project along CSAH 9. Restricted access should be shown along all of
CSAH 9. A quit claim deed for restricted access to Dakota County is required at the time of recording the plat
mylars.
The Plat Commission has approved the preliminary and final plat and will recommend approval to the County
Board of Commissioners.
Traffic volumes on CSAH 50 are 9,600 ADT and are anticipated to be 15,000 ADT by the year 2030. These
traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for
the proposed plat. Residential developments along County highways commonly result in noise complaints.
In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial
building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this
development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to
restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat
Commission highly recommends early contact with the Transportation Department to discuss the permitting
process which reviews the design and may require construction of highway improvements, including, but not
limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please
contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat
Commission or Plat Ordinance questions at (952) 891-7070.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
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