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HomeMy WebLinkAboutItem 06.gJuly 14, 2010 Item No. July 19, 2010 CITY COUNCIL MEETING JAMESDALE ESTATES 2 nd ADDITION FINAL PLAT Proposed Action Staff recommends adoption of the following motion: move to approve a resolution approving the final plat of Jamesdale Estates 2nd Addition. Adoption of this motion will allow the development of 24 single family lots within the Jamesdale Estates subdivision. Overview Tradition Development, LLC has submitted a final plat application for the development of approximately 9.95 acres located north of 170 Street at Eventide Way. The development is proposed to have 24 single family lots and two outlots and will be the second addition of the Jamesdale Estates development. The Jamesdale Estates preliminary plat of 74 single family lots was approved by the City Council on August 21, 2006. The City Council has approved extensions of the preliminary plat to December 6, 2010. The Jamesdale Estates 2nd Addition final plat is consistent with the approved preliminary plat. The Planning Commission unanimously recommended approval of the Jamesdale Estates 2 nd Addition final plat on the consent agenda of their June 17, 2010 meeting. The Parks, Recreation and Natural Resources Committee unanimously recommended approval of the final plat at their June 16, 2010 meeting. Primary Issues to Consider Has the developer submitted all the materials required by the Jamesdale Estates 2 Addition development contract? The applicant has submitted all the materials as required by the development contract including the letter of credit, cash fees, and certificate of insurance. Supporting Information • Resolution approving the final plat. • Signed development contract. • Letter of credit. • Certificate of insurance. • June 17, 2010 Planning Commission meeting minutes. • June 16, 2010 Parks, Recreation and Natural Resources Committee meeting minutes. • June 11, 2010 Planning report. • June 11, 2010 Engineering report. *� y � nnen, AI CP ssocae Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF JAMESDALE ESTATES 2 nd ADDITION WHEREAS, the owner of the plat described as Jamesdale Estates 2 nd Addition has requested final plat approval; and WHEREAS, the final plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Jamesdale Estates 2 nd Addition is hereby approved. 2. The Mayor and City Clerk are hereby directed to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. APPROVED AND ADOPTED this 19 day of July, 2010. CITY OF LAKEVILLE In Holly Dahl, 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 19 day of July, 2010, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) JAMESDALE ESTATES 2ND ADDITION AGREEMENT dated , 2010, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and D.I. OF EDINA, LLC, a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for JAMESDALE ESTATES 2ND 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 D, JAMESDALE ESTATES 1 STADDimoN, according to the recorded plat thereof. 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. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this 15250003 1 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLC) agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the plat has been filed with the Dakota County Recorder's 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 charges, sanitary sewer charges, and storm sewer 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, unless an extension is granted by the City Council. 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. 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 and B, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. The erosion control plan may also be approved by the Dakota County Soil and Water 15250003 2 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ 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 - Plans and Specifications for Public Improvements Plan D - Street Lighting Plan Plan E - 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, Erosion Control and Restoration H. Landscaping I. Underground Utilities J. Setting of Iron Monuments K. Surveying and Staking L. Sidewalks and Trails 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 15250003 3 LKVL:JAMESDAI.E ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ 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 his 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 505.02, 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. 9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such 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, including but not limited to: • Dakota County for County Road Access and Work in County Rights -of -Way • MnDot for State Highway Access • Minnesota Department of Health for Watermains • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • City of Lakeville for Building Permits • MCES for Sanitary Sewer Connections 15250003 4 LKVL:JANESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLC) • 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, 2010, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. 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. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 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. 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 excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed 15250003 5 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply 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 PLAN. 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 (except one model home permit on a lot acceptable to the Building Official), 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 basins, swales, and ditches 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 basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas /stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and 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. 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 15250003 6 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ 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 include monitoring of construction observation, consultation with Developer and his 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 seven percent (7 %) of the estimated construction cost. 19. CLAIMS. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 20. EXCAVATION OF REGIONAL INFILTRATION BASIN NC -17 -1. The Developer is eligible for a $2,435.70 credit to the cash fees for Jamesdale Estates 2nd Addition for the excavation of 15250003 7 LKVL :JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ regional infiltration basin NC -17 -1 as identified in the Jamesdale Estates 1st Addition development contract. The credit will be the excavation cost of $0.50 /cubic yard for the prorated portion of the 9.31 acre -feet of live storage volume provided in Outlot A, Jamesdale Estates 1st Addition. The credit shall be applied as a credit to the trunk storm sewer area charge set forth in paragraph 21 below. 21. STORM SEWER AREA CHARGE. Jamesdale Estates 2nd Addition is subject to a storm sewer area charge of $72,363.27. The area charge is based on the net area of the final plat and is calculated as follows: 433,313 s.f. x. $0.167/s.f. = $72,363.27 The balance due the City for Trunk Storm Sewer Area Charge is calculated as follows: Trunk Storm Sewer Area Charge $ 72,363.27 Less Credit for Regional Infiltration Basin Excavation (Outlot A, Jamesdale Estates 1st Addition - PRORATED) -2,435.70 Balance Due City $ 69,927.57 The Developer must pay the balance due City of $69,927.57 in cash at the time of final plat approval. 22. SANITARY SEWER AVAILABILITY CHARGE. The sanitary sewer availability charge has not been collected on the parent parcel of Jamesdale Estates 2nd Addition and must be paid with the final plat. The sanitary sewer availability charge is calculated as follows: 24 single - family dwelling units x $307.00 /dwelling unit = $7,368.00 The $7,368.00 sanitary sewer availability charge must be paid in cash at the time of final plat approval. 23. LATERAL WATERMAIN ACCESS CHARGE. The lateral watermain access charge for the watermain within the 170th Street right -of -way has not been collected on the parent parcel and must be paid with the final plat. The lateral watermain access charge is calculated as follows: 696.05 f.f. (Front Footage Along 170th Street) x 38.40/f.f. = $26,728.32 The Developer must pay the $26,728.32 lateral watermain access charge in cash at the time of final plat approval. 24. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to Fairhill Avenue via 170th Street. 15250003 8 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ 25. PARK DEDICATION AND TRAILS. Development of Jamesdale Estates 2nd Addition will not require public trail construction. The Developer shall pay a cash contribution of $113,928.00 in satisfaction of the City's park dedication requirements. The park dedication contribution was calculated as follows: 24 single - family dwelling units x $4,747.00 /dwelling unit = $113,928.00 The $113,928.00 park dedication contribution must be paid in cash at the time of final plat approval. 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay to the City a $2,676.81 cash fee for traffic control signs, which consists of four street/stop signs at $578.83 each, one speed limit sign at $157.22 and one winter "No Parking" sign at $204.27. If the street posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses shall also be paid with the final plat and is calculated as follows: 24 units x $6.75 /unit/qtr. x 4 qtrs. = $648.00 The $2,676.81 traffic control sign fee and the $648.00 cash fee for one year of streetlight operating expenses must be paid in cash at the time of final plat approval. 27. SURFACE WATER MANAGEMENT UTILITY FEE. The Developer shall pay to the City a cash fee of $624.00 for one -year of surface water management expenses calculated as follows: 24 units x $6.50 /unit/qtr. x 4 qtrs. = $624.00 The $624.00 fee for one -year of surface water management expenses must be paid in cash at the time of final plat approval. 28. 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 in the front yard on every lot in the plat. Suitable deciduous trees include: Birch Ginkgo (male only) Hackberry Honeylocust Kentucky Coffee Linden (Basswood) Maple Oak 15250003 9 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ Suitable coniferous trees include: Fir European Larch Colorado Blue & Green Spruce Cedar Black Hills Spruce Austrian Pine Canadian Hemlock White Pine Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum deciduous tree size shall be two and one -half (2 %) inches caliper, either bare root in season, or balled and burlapped. Evergreen trees must be at least six feet (6') tall. The trees may not be planted in the boulevard. 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 is constructed on a lot. Before a building permit is issued, a cash escrow or letter of credit in the amount of $2,000.00 per lot shall be furnished the City to guarantee compliance with the erosion control, grading and landscaping requirements. If the final grading and landscaping is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow or letter of credit toward the cost. Upon satisfactory completion of the landscaping the escrow or letter of credit 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 twenty -four (24) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. 29. BERM /LANDSCAPE SCREEN /BUFFER YARD SOD. A comprehensive landscape plan was submitted with the preliminary plat of Jamesdale Estates. The landscape plan submitted for the buffer yard areas within the seven lots along 170th Street in Jamesdale Estates 2nd Addition (Lots 1 -6, Block 3 and Lot 7, Block 1) is consistent with the approved preliminary plat landscape plan. The Developer shall post a $17,500.00 security prior to City Council approval of the final plat to guarantee the installation of the buffer yard landscaping in accordance with the approved landscape plan. A minimum 10 foot berm and landscape screening height (minimum earth berm height of four (4) feet) is required for all lots abutting 170th Street. A certified grading plan must be submitted for the buffer yard berm prior to 15250003 10 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLC) the issuance of any building permits for the seven lots along 170th Street and the installation of any buffer yard plantings. In addition, the buffer yards adjacent to 170th Street must be sodded to the edge of the adjacent trail on the north side of 170th Street. A $1,500.00 cash escrow must be submitted with the building permit applications for the seven lots abutting 170th Street to guarantee installation of the buffer yard sod. 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the June 11, 2010, Engineering report. B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources Committee. C. A five foot wide concrete sidewalk must be installed on the south sides of Evening Terrace and 169th Street and on the east side of Fairhill Avenue. The Developer is responsible for the construction and cost of installing these sidewalks. D. Any permanent subdivision identification signs to be placed within Outlot A and /or Outlot B must be owned and maintained by a homeowner's association. The signs must be located outside the sight visibility triangle and must meet City sign ordinance regulations. A sign permit is required prior to installation of any signs. E. No driveway access will be permitted to 170th Street. Lot 7, Block 1 is required to have the driveway located on the north side of the lot. F. The following setbacks must be maintained throughout the Jamesdale Estates 2nd Addition development: Front Yard: 30 feet Corner Side Yard: 20 feet Rear Yard: 30 feet Buffer Rear Yard: 60 feet Side Yard: 10 feet Buffer Side Yard: 50 feet G. 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 152500vO3 11 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ Developer shall post a $2,600.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 26 lots at $100.00 per lot. 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. H. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot for a total charge of $1,950.00. I. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $4,800.00 and consists of one mast -arm streetlight at $1,200.00 and four (4) post -top streetlights at $900.00 each. J. The Developer is required to submit the final plat in electronic format. The electronic format shall be either an 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. The Developer shall also submit one complete set of reproducible construction plans on mylar. 31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, 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 letter of credit, in the form attached hereto, from a bank ( "security ") for $758,591.02, plus a cash fee of $18,893.33 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Sanitary Sewer $ 88,997.20 Watermain 106,278.00 15250003 12 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ Storm Sewer Streets Site Grading /Erosion Control /Restoration & Grading Certification CONSTRUCTION SUB -TOTAL OTHER COSTS: Developer's Design (6.0 %) Developer's Construction Survey (2.5 %) City Legal Expenses (Est. 0.5 %) City Construction Observation (Est. 7.0 %) Developer's Record Drawings (0.5 %) Landscaping Street Lights Lot Corners /Iron Monuments OTHER COSTS SUB -TOTAL TOTAL PROJECT SECURITIES: 167,937.50 229, 390.00 37.175.00 $ 629,777.70 $ 37,786.66 15,744.44 3,148.89 44, 084.44 3,148.89 17, 500.00 4,800.00 2.600.00 $ 128,813.32 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, without notice, for any violation of the terms of this Contract or 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. 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. 15250003 13 LKVL:JAMESDALE ESTATES 2ND .ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Park Dedication $ 113,928.00 Trunk Storm Sewer Area Charge 72,363.27 Sanitary Sewer Availability Charge 7,368.00 Lateral Watermain Access Charge 26,728.32 Traffic Control Signs 2,676.81 Street Light Operating Fee 648.00 Surface Water Management Utility Fee 624.00 City Base Map Updating 1,950.00 City Engineering Administration (3 %) 18.893.33 Sub -total Cash Requirements $ 245,179.73 Credits to Cash Requirements Trunk Storm Sewer Credit (Regional Infiltration Basin Excavation) -2,435.70 TOTAL CASH REQUIREMENTS 242744.03 33. 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 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 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. 34. 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 inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and 15250003 14 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ 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 (30) days shall accrue interest at the rate of eighteen percent (18 %) per year. 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. 35. 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 15250003 15 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ 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. 36. 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. 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, except one model home on a lot acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. 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. 15250003 16 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ 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. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public 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 subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. J. 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. 15250003 17 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ K. 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. L. 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 Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or 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. 37. 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: 16972 Brandtjen Farm Drive, Lakeville, Minnesota 55044. 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.] 15250003 18 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ CITY OF LAKEVILLE M (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) Holly Dahl, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2010, by Holly Dahl 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 15250003 19 LKVL:JAMESDALE ESTATES 2ND ADDITION SRN:r06 /30/2010 (D.I. of Edina, LLQ DEVELOPER: D.I. OF EDINA, LLC BY: Its _ 1 44 G 14 G Q ,e STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrupient was acknowledged before me this � day of (J A 2010, by ?7abe� -� . c"ne bGl� the � i (f of D. I. of Edina, LLC, a Minnesota limited liability company, on behalf of the company. ARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn 15250003 SRN:r06 /30/2010 JORDAN M BLUE NOTARY PUBLIC. MINNESOTA My Commission Expires Jan. 31, 2013 20 LKVI.:JAMESDALE ESTATES 2ND ADDITION (D.1. of Edina, LLC) U.S. TRADE SERVICES — STANDBY LETTERS OF CREDIT ONE FRONT STREET, 21ST FLOOR SAN FRANCISCO, CALIFORNIA 94111 Contact Phone: 1(800) 798 -2815 Email: sftrade0welisfar4o.com IRREVOCABLE LETTER OF CREDIT City of Lakeville Letter of Credit No.NZS663610 20195 Holyoke Avenue Date: July 9, 2010 Lakeville, MN 55044 Dear Sir or Madam: We hereby issue, for the account of Tradition Ventures, LLC, 6800 France Ave. S, Suite 178, Edina, MN 55435, and in your favor, our Irrevocable Letter of Credit in the amount of Seven Hundred Fifty Eight Thousand Five Hundred Ninety One & 02/100's United States Dollars (US$758,591.02) available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. NZS663610 dated July 9, 2010 of Wells Fargo Bank, N.A." b) Be signed by the City Administrator or Finance Director of the City of Lakeville. c) Be Presented For Payment At Wells Fargo Bank, N.A. 5th Floor, 109 S 7Th Street, Minneapolis, MN 55402 -2310, on or before 4:00 p.m. on July 6, 2011. This Letter of Credit shall automatically renew for successive one -year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be July 6 of each year), the Bank delivers written notice to the Lakeville Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Lakeville Finance Director, Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, MN 55044, and is actually received by the Finance Director at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Very truly yours WELLS FA O B N N.A. By: Name: Title: EISA CHAD AS-SISTANT VICE F'RF =.ginCKlT The original of this document contains the seal of Wells Fargo Bank, National Association 1026 DI OF EDINA, LLC 6800 FRANCE AVENUE SOUTH, SUITE 178 EDINA, MN 55435 DATE Z 10 75- 1747.910 PAY TO E ORDER OF (-4fK l crt� CVI �� � Q`. 7�� o"' ®T=ON FOR - 11 10 2 611' 1:091017471 OL5 6) f Client#: 474 ENEBCONI ACORU CERTIFICATE OF LIABILITY INSURANCE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 07 6/ 2 010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MN- COMMERCIAL LINES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COBS STRECKER DUNPHY & ZIMMERMANN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH ST STE 2800 A MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: TRAVELERS INDEMNITY COMPANY $1 DI OF EDINA LLC 32825 NORTHFIELD BLVD PO BOX 458 INSURER B: X COMMERCIAL GENERAL LIABILITY INSURER C: DAMAGE TO RENTED PREMISES (E. NORTHFIELD, MN 55057 INSURER D: INSURER E. INCLUDES: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR LTR DDN NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M D POLICY EXPIRATION DATE MMD /D LIMITS A GENERAL LIABILITY DT6604807R4311ND 07106/10 07/06/11 EACH OCCURRENCE $1 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (E. $300 CLAIMS MADE 5x] OCCUR INCLUDES: MED EXP (Any one person) $5 PERSONAL 8 ADV INJURY $1 X XCU OPERATIONS OF X BROAD FORM PD GENERAL AGGREGATE $2 000 000 SUBS - CONTINGENT GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2, 000,000 CONTRACTUAL LIAB PRO- LOC POLICY X JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR FI CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT I s ANY PROPRIETOR/PARTNER/EXECUTIVE OaFICER/M�MBER EXCLUDED? (( andatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS DEVELOPMENT AGREEMENT WITH THE CITY OF LAKEVILLE FOR THE JAMESDALE ESTATES 2ND ADDITION, LAKEVILLE, MN ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT W /RESPECT TO GENERAL LIABILITY APPLIES ON A PRIMAR BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTORY: CITY OF LAKEVILLE CITY OF LAKEVILLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 ACORD 25 (2009/01) 1 of 2 #S377520/M34R710 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'In_ DAYS WRITTEN TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 'OSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE G 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TMW IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) 2 of 2 #S377520/M348710 Planning Commission Meeting June 17, 2010 Page 2 ITEM 5. CONSENT AGENDA 10.28 Motion was made and seconded to recommend to City Council approval of the June 17, 2010 Planning Commission Consent Agenda as follows: A. Approve the request of Tradition Development for a final plat of 24 single family lots to be known as Jamesdale Estates 2nd Addition. Ayes: Maguire, Davis, Adler, Grenz. Nays: 0 R Dated - 9/S1l n 1 -0 1 A&: - TA CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE Meeting Minutes for June 16, 2010 e Annual Park Tour took place on June 16, leaving from the Ed Mako Environmental Learning r at Ritter Farm Park. Attendees included: Bob Boerschel, Judy Hayes, Howard Lovelace, Jeanne ters Jerry Zell, Gerald Grenz, Steve Michaud, John Hennen and Mac Lafferty. The tour was eld from 5 -7 p.m. and included several sites: Fieldstone Park, Stoneborough Park, 205 Channel pr ct, Casperson Park fishing pier, Bury property and Ritter log cabin. A pizza dinner and refreshments were served after the tour. ITEM 1 Call to orde Meeting was called to order in Ed Mako ELC at 6 :58 p.m. ITEM 2 Roll call of members Present: Bob Boerschel, Judy Hayes, oward Lovelace, Jeanne Peterson, Jerry Zell Absent: Tom Goodwin, Scott Kelly, Pat ssinger Staff Present: Parks & Recreation Director Steve i haud, Environmental Resources Manager Mac Cafferty, Recording Secretary Pa uedy ITEM 3 Approval of the June 2, 2010 meeting min The June 2, 2010 Parks, Recreation & Natural Resources Com as presented. ITEM 4 Citizen comments There were no citizens present. meeting minutes were approved ITEM 5 Staff report Staff referred to the report in the committee packet. The City has approved an agreemen ith WSB & Associates for a Trail Pavement Management Plan to assess the condition of the 100+ es of ITEM 6 Jamesdale Estates 2 nd Addition Final Plat (10.06) Motion made by Boerschel, seconded by Lovelace to recommend City Council consider approval of Jamesdale Estates 2 nd Addition Final plat, including the required 5' sidewalks and 8' trails detailed in the planning and engineering reports and a park dedication fee at the current rate of $4,747 per lot. Finally, the developer is required to follow other recommendations outlined in the Planning and Engineering reports as they pertain to this plat. The developer is also required to follow the natural resources requirement detailed in the Planning and Engineering reports associated with tree preservation, grading, drainage, and erosion control and further recommendations by the Dakota County Soil and Water Conservation District, if applicable. Ayes -5 Nays -0 Motion passed. ITEM 7 U faims• d -- mL7 - 11 ICJJ There were no items to discuss. business There were no Tie uss. Item No. La k�vrl(e Memorandum City of Lakeville Planning Department To: Planning Commission From: Allyn Kuennen, Associate Planner4(,. Copy: Jacob Fick, Tradition Development Date: June 11, 2010. Subject: Packet Material for the June 17, 2010 Planning Commission Meeting. Agenda Item: Jamesdale Estates 2 Addition Final Plat BACKGROUND INFORMATION: Tradition Development, LLC has submitted a final plat application for the development of approximately 9.95 acres located north of 170 Street at Eventide Way. The development is proposed to have 24 single family lots and two outlots and will be the second addition of the Jamesdale Estates development. The Jamesdale Estates preliminary plat of 74 single family lots was approved by the City Council on August 21, 2006. The City Council has approved extensions of the preliminary plat to December 6, 2010. The Jamesdale Estates 2 Addition final plat plans have been distributed to the Engineering Department and to the Parks, Recreational and Natural Resources Committee for their review and comment. The following exhibits are attached for your review: Exhibit A: Location /Zoning Map Exhibit B: Approved Preliminary Plat Exhibit C: Final Plat Exhibit D: Grading, Utility, and Street Construction Plans Cover Sheet Exhibit E: Outlet Channel Plan Exhibit F: Tree Inventory Exhibit G: Final Landscape Plan Exhibit H: Grading Exhibit — Phase Two Exhibit I: Utility Exhibit — Phase Two PROJECT ANALYSIS: Existing Conditions. Jamesdale Estates First Addition is located to the east of the subject area and includes 12 single family lots. The area within the second addition was previously used for agricultural farming, but was mass graded with the development of the first addition. There are no existing structures to be removed from the site. 1 Zoning. The property was rezoned from RS -2, Single Family Residential District to RS- 3, Single Family Residential District with the City Council approval of the preliminary plat on August 21, 2006. Surrounding Land Uses. The table below identifies planned and existing uses adjacent to the proposed development: North — Fieldstone Creek development (RS -3). East — Tullamore preliminary plat (RS -3). South — 170 Street, Quail Meadows development (RS -2). West — Harris Acres 3r development (RS -2). Consistency with the Approved Preliminary Plat. The submitted final plat plans are consistent with the approved preliminary plat plans and meet all the minimum standards of the Zoning and Subdivision Ordinances. Density. The gross area of the final plat is approximately 9.95 acres. The net developable area of the final plat after taking out right -of -way and outlots is 7.73 acres with a net density of 3.10 units per acre. Lots. All lots meet the minimum lot size requirements of the RS -3 District. The minimum standards are: Lot Area: 11,000 sq. ft. Corner Lot Area: 12,500 sq. ft Lot Width: 85 feet Corner Lot Width: 100 feet Corner Lot Width Abutting 170th Street: 130 feet Lot Depth Abutting 170 Street: 150 feet Outlots. The Jamesdale Estates 2 nd Addition final plat includes two outlots. Outlots A and B are each 312 square feet in size and will include the subdivision identification monument signs along 170 Street at Fairhill Avenue that are to be owned by the Homeowner's Association. Phasing. A phasing plan was submitted with the preliminary plat. Jamesdale Estates 2 nd Addition is consistent with the approved phasing plan. Thirty-seven single family lots remain to be final platted in the future. Setbacks. Setback requirements for lots in the RS -3 District are outlined below: Front Yard: 30 feet Rear Yard: 30 feet Side Yard: 10 feet Corner Side Yard: 20 feet Buffer Rear Yard: 60 feet Buffer Side Yard: 50 feet The building pads shown on the final plat plans meet the minimum RS -3 District setback requirements. Streets & Right -of -Way. Jamesdale Estates 2 nd Addition is located adjacent to 170 Street, which is classified as a major collector in the City Transportation Plan. All required right -of -way along 170 Street was previously dedicated with the first addition final plat. The final plat of the second addition includes the extension of Eventide 0) Terrace to the west and the construction of Fairhill Avenue. 169 Street will be extended to the east from the adjacent Harris Acres subdivision. Evening Terrace is classified as a local street and will be extended west from its current terminus in Jamesdale Estates 1 st Addition. Evening Terrace will have a 32 foot wide pavement within a 60 foot wide right of way consistent with the existing street section in the first addition. Fairhill Avenue is classified as a local street and will extend north from 170 Street to intersect with 169 Street. Fairhill Avenue will have a 32 foot wide pavement within a 60 foot right of way. 169 Street is classified as a local street and will be extended into Jamesdale Estates Second Addition from the west providing an additional access to the development. 169 Street will have a 32 foot wide pavement within a 60 foot right of way. Buffer Yards. The Jamesdale Estates 2 nd Addition final plat is subject to buffer yard standards as required by the Zoning Ordinance. The Zoning Ordinance requires a side buffer yard setback to a major collector of 50 feet and a rear yard setback to a major collector of 60 feet. The lots to be platted adjacent to 170 Street meet this requirement. The buffer yard area is to be designated as drainage and utility easement for the provision of providing buffer yard screening as required by Section 11- 21 -9.0 of the Zoning Ordinance. A four foot landscaped berm is shown within the rear yards of Lots 1 -6, Block 3 and the side yard of Lot 7, Block 1, adjacent to 170 Street. An as- built grading plan is required for the berm prior to the installation of landscaping. A $1,500 per lot cash escrow will be required with the building permit for each of the five buffer yard lots in the second addition. Landscape Plan. A comprehensive landscape plan was submitted with the preliminary plat. The landscape plan submitted for the buffer yard area within the seven lots along 170 Street within the second addition is consistent with the approved preliminary plat landscape plan. A $17,500 security ($2,500 per lot) must be submitted prior to City Council consideration of the final plat to guarantee the installation of the buffer yard landscaping. A minimum of a 10 foot berm and landscape screening height is required for all lots abutting 170 Street. A certified grading plan must be submitted for the buffer yard berm prior to the installation of any buffer yard plantings. In addition, the buffer yards adjacent to 170 Street must be sodded to the edge of the adjacent trail on the north side of 170 Street. A $1,500 cash escrow must be submitted with the building permit applications for the seven lots abutting 170 Street to guarantee installation of the buffer yard sod. Sidewalks. A five -foot wide concrete sidewalk will be constructed on the east side of Fairhill Avenue and the south sides of Evening Terrace and 169 Street. All sidewalks will be paid for and constructed by the developer. Trails. An eight foot wide asphalt trail was constructed on the north side of 170 Street adjacent to the Jamesdale Estates development with the construction of the first addition improvements. No additional trail construction is required within the second addition plat. 3 Park Dedication. The City's Comprehensive Park Plan does not identify any park land needs in the area of the subject site. Therefore, park dedication requirements are to be satisfied as a cash fee in lieu of land as required by Section 10 -4 -8 of the Subdivision Ordinance. A park dedication fee of $4,747.00 per unit for a total of $113,928 will be required to be paid in lieu of dedicating park land prior to City Council consideration of the final plat. Payment of a cash fee in lieu of land to satisfy park dedication requirements is subject to review and recommendation by the Parks, Recreation and Natural Resources Committee. They will consider the final plat at their June 16, 2010 meeting. Grading, Drainage and Erosion Control. Grading, drainage and erosion control plans have been submitted with the Jamesdale Estates 2 nd Addition final plat. The plans have been reviewed by the Engineering Department and their analysis is summarized in the attached Engineering Report dated June 11, 2010. Wetlands. The final plat does not contain any wetland areas. Tree Preservation. A comprehensive tree inventory for the Jamesdale Estates development was completed with the first addition. The tree inventory identified 101 significant trees within the preliminary plat boundaries. All 101 significant trees were proposed to be removed to accommodate site grading and pond construction. The site was mass graded with the first addition and all tree removal was completed as approved. No additional tree removal is proposed with the second addition. Easements. The final plat illustrates perimeter easements for all .lots as required by Section 10 -4 -4.A of the Subdivision Ordinance and all buffer yard easements along 170"' Street as required by the Zoning Ordinance. Overhead Utilities. The overhead utilities along 170 Street were buried with the construction of the first addition. No additional overhead utilities are required to be buried within the second addition. Subdivision Identification Sign. The submitted plans includes outlots on each side of the intersection of Fairhill Avenue at 170 Street for the placement of subdivision identification signs, but the submitted plans do not indicate a design for the signs. The signs must be owned and maintained by a Homeowner's Association. The sign location must be outside of the sight visibility triangle. A sign permit is required prior to installation of all signs. RECOMMENDATION: Staff recommends approval of the Jamesdale Estates 2 nd Addition final plat subject to the following stipulations: 1. The recommendations outlined in the June 11, 2010 Engineering Report. 2. The recommendations of the Park, Recreation & Natural Resources Committee. 3. Park dedication requirements are to be satisfied as a cash fee in lieu of land equal to $113,928 as required by Section 10 -4 -8 of the Subdivision Ordinance. The park dedication amount must be submitted prior to City Council consideration of the final plat. Il 4. A $17,500 security must be submitted prior to City Council consideration to insure the landscaping is installed consistent with the approved landscape plan for the buffer yards along 170 Street. 5. A minimum of a 10 foot berm and landscape screening height is required for all lots abutting 170 Street. A certified grading plan must be submitted for the buffer yard berm prior to the installation of any buffer yard plantings. 6. The rear yard of Lots 1 -6, Block 3 and the side yard of Lot 7, Block 1 must be sodded to the edge of the trail on the north side of 170 Street. A $1,500 cash escrow must be submitted with the building permit applications for these lots to guarantee installation of the rear yard sodding. This escrow will be in addition to the landscape /sod escrow required for each of the lots at the time of building permit. 7. A five foot wide concrete sidewalk must be installed on the south sides of Evening Terrace and 169 Street and on the east side of Fairhill Avenue. The developer is responsible for the construction and cost of installing the sidewalks. 8. Any permanent subdivision identification signs to be placed within Outlot A and /or Outlot B and must be owned and maintained by a homeowner's association. The signs must be located outside the sight visibility triangle. A sign permit is required prior to installation and must meet sign ordinance regulations. 9. No driveway access will be permitted to 170 Street. Lot 7, Block 1 is required to have the driveway located on the north side of the lot. IO.The following setbacks must be maintained throughout the development: Front Yard: 3 30 feet Rear Yard: 3 30 feet B G a oz o0Qg .a � z w O JG 6x fx LG 0.i ai C. 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Memorandum To: Allyn Kuennen, Associate Planner From: Zach Johnson, Assistant City Engineer McKenzie Cafferty, Environmental Resources Manager Copy: Dennis Feller, Finance Director Gene Abbott, Building Official Date: June 11, 2010 Subject: Jamesdale Estates 2nd Addition • Final Plat Review • Grading Plan Review • Utility Plan Review City of Lakeville Engineering BACKGROUND Tradition Development Corp. has submitted a final plat named Jamesdale Estates 2nd Addition. The proposed residential subdivision is the second phase of the Jamesdale Estates preliminary plat that was approved by the City Council on August 21, 2006. The proposed subdivision is located north of and adjacent to 170 Street, west of Pilot Knob Road (CSAH -31) and east of Flagstaff Avenue. The parent parcel consists of Outlot D, Jamesdale Estates 1 st Addition and is zoned RS -3, Single Family Residential District. The final plat consists of twenty -four single - family lots and two outlots on 9.95 acres. The outlots created with the final plat will have the following uses: Outlot A: HOA common area /monument sign; to be retained by the Developer (0.01 acres) Outlot B: HOA common area /monument sign; to be retained by the Developer (0.01 acres) SITE CONDITIONS The Jamesdale Estates 2 Addition site consists of vacant, undeveloped land that was previously mass graded with Jamesdale Estates 1 st Addition improvements. JAMESDALE ESTATES 2 " ADDITION JUNE 11, 2010 PAGE 2 OF 9 STREET AND SITE LAYOUT 170" Street Jamesdale Estates 2 nd Addition is north of and adjacent to 170 Street, a major collector roadway as identified in the City's Transportation Plan. The Developer previously dedicated 50 feet of right -of -way, consistent with the 1 /2 right -of -way requirement for a major collector, with the Jamesdale Estates 1 st Addition plat. 170 Street is constructed as a two -lane undivided roadway. The City's current Capital Improvement Plan does not include improvements to 170 Street. Fairhill Avenue Development of Jamesdale Estates 2 nd Addition includes the construction of Fairhill Avenue, a local street. Fairhill Avenue is designed as a 32 -foot wide urban street with a 5 -foot wide concrete sidewalk along the east side and will align with the existing segment south of 170 Street. The Developer is dedicating 60 feet of right - of -way, as shown on the plat, to satisfy the right -of -way requirement for a local street. 169 Street Development of Jamesdale Estates 2 nd Addition includes the extension of 169 Street, a local street. 169 Street is designed as a 32 -foot wide urban street with a 5 -foot wide concrete sidewalk along the south side. Because there is no existing sidewalk connection to be made with the adjacent Harris Acres subdivision, sidewalk construction will begin at Fairhill Avenue and extend to the east plat boundary when Outlot C, Jamesdale Estates 1 st Addition develops. A sidewalk connection to the future public bituminous trail along the west plat boundary will be constructed along the north side of 169 Street at the time Outlot C, Jamesdale Estates 1 st Addition develops. The Developer is dedicating 60 feet of right -of -way, as shown on the plat, to satisfy the right -of -way requirement for a local street. Evening Terrace Development of Jamesdale Estates 2 nd Addition includes the extension of Evening Terrace, a local street. Evening Terrace is designed as a 32 -foot wide urban street with a 5 -foot wide concrete sidewalk along the south side. The Developer is dedicating 60 feet of right -of -way, as shown on the plat, to satisfy the right -of -way requirement for a local street. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits, except model home permits, for Jamesdale Estates 2 nd Addition shall not be issued until the concrete curb and gutter and bituminous base pavement have been installed. JAMESDALE ESTATES 2 "D ADDITION JUNE 11, 2010 PAGE 3 OF 9 CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to Fairhill Avenue via 170 Street. PARKS AND TRAILS Development of Jamesdale Estates 2 Addition will not require public trail construction. The Developer is constructing an 8 -foot wide public bituminous trail along the north side of 170 Street, as required per the Jamesdale Estates 1 st Addition Development Contract, concurrent with Jamesdale Estates 2 Addition improvements. A future public bituminous trail, extending north from 169 Street along the west plat boundary to Fieldstone Park, will be constructed at the time Outlot C, Jamesdale Estates 1s Addition develops. The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a cash contribution that must be paid with the final plat. The Park Dedication fee is calculated as follows: 24 units x $4,747.00 /unit = $113,928.00 Single - Family Dwelling Units Park Dedication Fee Rate Total UTILITIES SANITARY SEWER Jamesdale Estates 2 Addition is located within subdistrict NC -20126 of the North Creek sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer to the MCES Lakeville Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the proposed residential development. Development of Jamesdale Estates 2nd Addition includes public sanitary sewer construction. 8 -inch sanitary sewer will be extended within the subdivision from existing sanitary sewer stubs to provide service to the proposed lots. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid with the final plat. The Sanitary Sewer Availability Charge is calculated as follows: 24 units x $307.00 /dwelling unit = $7,368.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total ]AMESDALE ESTATES 2 "D AMMON 7uNE 11, 2010 PAGE 4 OF 9 WATERMAIN Development of Jamesdale Estates 2 Addition includes public watermain construction. 8 -inch watermain will be extended within the subdivision from existing watermain stubs to provide service to the proposed lots. The Lateral Watermain Access Charge for the watermain within 170 Street right -of- way has not been collected on the parent parcel and must be paid with the final plat. The Lateral Watermain Access Charge is calculated as follows: 696.05 f.f. x $38.40/f.f. = $26,728.32 Front Footage along 170 Street Access Charge Total Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Jamesdale Estates 2" Addition shall not be permitted until the as -built electronic files have been submitted and approved by City staff. DRAINAGE AND GRADING Jamesdale Estates 2 Addition is located within subdistrict NC -17 of the North Creek drainage district as identified in the City's Water Resources Management Plan. The site was previously mass graded with Jamesdale Estates 1 st Addition improvements. Development of Jamesdale Estates 2nd Addition will not require public stormwater or infiltration basin construction as the contributing drainage area generated from within the site was incorporated into the design of the Jamesdale Estates stormwater management system. Stormwater runoff generated from within the site will be conveyed via public storm sewer and temporary grass drainage swales to an existing public stormwater basin before eventually discharging into an adjacent, existing public regional infiltration basin (both located within Outlot A, Jamesdale Estates). The temporary grass drainage swales will be located outside all future building pads and constructed by the Developer with Jamesdale Estates 2" Addition. The temporary grass drainage swales will be replaced with public storm sewer when Outlot C, Jamesdale Estates 1 st Addition develops. Prior to City Council consideration, the Developer must submit a legal description and exhibit that establish a temporary public drainage and utility easement across Outlot C, Jamesdale Estates 1 st Addition for the conveyance of the stormwater runoff. The easement will be recorded with the final plat. JAMESDALE ESTATES 2 " ADDITION JUNE 11, 2010 PAGE 5 OF 9 As stated above, Jamesdale Estates 2n Addition is tributary to public regional infiltration basin NC -17 -1. A small portion of the basin, located within City -owned Outlots E and F, Fieldstone Creek 1s Addition, was constructed with Fieldstone Creek development improvements. The basin will be expanded in the future when the property to the east (Tullamore subdivision) develops. Because of the outlet routing and basin location across multiple properties, the developers of these three properties chose to coordinate the construction the public regional infiltration basin as a joint effort. The portion of the basin construction within the Jamesdale Estates subdivision is substantially complete. The Developer will complete the basin excavation, including submittal of a final as -built grading plan, with the construction of the next phase of the Jamesdale Estates subdivision. Upon completion, the basin must have a minimum of 37 acre -feet of live storage for the 100 -year event and limit the 100 -year discharge rate to 81 cfs. The emergency overflow for the entire area south of Dodd Boulevard, west of Pilot Knob Road and east of the existing Dodd Valley Estates and Harris Acres developments is southerly across 170 Street, near North Trail Elementary School. Routing of the emergency overflow required site grading within Jamesdale Estates 1 st Addition and lowering of the existing trail along the south side of 170 Street to match the centerline elevation of 170 Street. The Developer is eligible for a credit to the cash fees for the excavation of regional infiltration basin NC -17 -1 as identified in the Jamesdale Estates 1 st Addition Development Contract. The credit will be the excavation cost of $0.50 /cubic yard for the prorated portion of the 9.31 acre -feet of live storage volume provided in Outlot A, Jamesdale Estates 1 Addition. The credit of $2,435.70 will be applied to the Jamesdale Estates 2 Addition final plat cash fees and is calculated as follows: 9.31 ac -ft x 43,560 sf /ac x $0.50 /cy x 24 2 Addition Lots = $2,435.70 27 cf /cy 74 Total Lots The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA /HUD 79G specifications. The Developer shall certify to the City that all lots with building footings placed on fill material are appropriately constructed. Building permits shall not be issued until an as -built certified grading plan, including the buffer yard berm and the stormwater and regional infiltration basins, has been submitted and approved by City staff. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the M PCA. JAMESDALE ESTATES 2 "D ADDITION JUNE 11, 2010 PAGE 6 OF 9 RESIDENTIAL BUFFER YARD REQUIREMENTS A buffer yard berm and landscaping screen was constructed adjacent to 170 Street with Jamesdale Estates 1st Addition improvements. Building permits shall not be issued until an as -built certified grading plan of the buffer yard berm has been submitted and approved by City staff. STORM SEWER Development of Jamesdale Estates 2nd Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of -way and lots to the existing public stormwater basin centrally located within the site (Outlot A, Jamesdale Estates 1 st Addition). The Developer will utilize an existing and construct a new temporary grass drainage swale to convey stormwater runoff from the public storm sewer installed with Jamesdale Estates 2 Addition to the existing public stormwater basin. Public storm sewer will be constructed when Outlot C, Jamesdale Estates 1 st Addition develops. The public storm sewer will be located within public right -of -way and public drainage and utility easements, as depicted on the Jamesdale Estates 2 Addition plat. Draintile construction is required in areas of non - granular soils within Jamesdale Estates 2 Addition for the street sub -cuts and all lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer's responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: 433,313 s.f. x $0.167/s.f. _ $72,363.27 Net Area of Jamesdale Area Charge Total Estates 2 nd Addition The balance due the City for Trunk Storm Sewer Area Charge is calculated as follows: • Trunk Storm Sewer Area Charge $72,363.27 • Less Credit for Regional Infiltration Basin Excavation ( -) $2,435.70 (Outlot A, Jamesdale Estates 1 st Addition - PRORATED) • Balance $69,927.57 7AMESDALE ESTATES 2" ADDITION TUNE 11, 2010 PAGE 7 OF 9 WETLANDS There are no existing wetlands within the Jamesdale Estates 2 nd Addition site. TREE PRESERVATION There are no significant trees within the Jamesdale Estates 2 nd Addition site. EROSION CONTROL An erosion control plan has been submitted and includes the following: • A single rock construction entrance. • A seed and mulch specification that meets City requirements. • Inlet protection on all storm sewer structures. • Silt fence to protect offsite areas from sediment transport. • All 3:1 slopes must be seeded and stabilized with fiber blanket or sod. • The site will be re- vegetated within 48 hours of rough and final grading. • Temporary sediment basins are shown on the grading plan. • All streets shall be cleared of debris at the end of each day and maintained to provide safe driving conditions. Street sweeping shall be done weekly or more often as needed. A concrete washout area must be identified in the field and constructed per City specifications. Erosion control blankets must be installed on all stormwater basin slopes that are disturbed during construction. Silt fence or sod (36" minimum width) must be installed behind the curb following the installation of the private utilities. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. All additional measures shall be installed and maintained by the Developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer - installed improvements relating to Jamesdale Estates 2" Addition. Construction costs are based upon estimates submitted by the Developer's engineer on June 9, 2010. CONSTRUCTION COSTS Sanitary Sewer Watermain Storm Sewer Streets Site Grading, Erosion Control, Restoration and Grading Certification SUBTOTAL - CONSTRUCTION COSTS $ 88,997.20 106,278.00 167,937.50 229,390.00 37,175.00 $ 629,777.70 JAMESDALE ESTATES 2 "D ADDITION JUNE 11, 2010 PAGE 8 OF 9 OTHER COSTS Developer's Design (6.0 %) Developer's Construction Survey (2.5 %) City's Legal Expense (0.5 %) City Construction Observation (7.0 %) Developer's Record Drawing (0.5 %) Landscaping Lot Corners Streetlights SUBTOTAL - OTHER COSTS $ 37,786.66 15,744.44 3,148.89 44,084.44 3,148.89 17,500.00 2,600.00 4,800.00 $ 128,813.32 TOTAL PROJECT SECURITIES $ 758,591.02 The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $2,600.00. The City shall hold this security until the Developer's land surveyor certifies that all irons have been placed following site grading, utility and street construction. The streetlight security totals $4,800.00, which consists of one mast -arm streetlight at $1,200.00 and four post -top streetlights at $900.00 each. CASH FEES The cash fee for traffic control signs is $2,676.81, which consists of four street/stop signs at $578.83 each, one speed limit sign at $157.22 and one winter ""No Parking" sign at $204.27. If the street posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 24 units x $6.75 /unit /qtr. x 4 qtrs. = $648.00 Dwelling Units Streetlight Operating Fee Total A cash fee for one -year of surface water management expenses shall be paid with the final plat and is calculated as follows: 24 units x $6.50 /unit /qtr. x 4 qtrs. = $624.00 Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid with the final plat and is calculated as follows: JAMESDALE ESTATES 2 "D ADDITION JUNE 11, 2010 PAGE 9 OF 9 26 lots and outlots x $75.00 /unit = $1,950.00 Lots and Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. The Developer has elected to provide a Letter of Credit as security for the Developer - installed improvements. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $18,893.33. CASH REQUIREMENTS Park Dedication Fee $ 113,928.00 Sanitary Sewer Availability Charge 7,368.00 Lateral Watermain Access Charge 26,728.32 Trunk Storm Sewer Area Charge 72,363.27 Traffic Control Signs 2,676.81 Streetlight Operating Fee 648.00 Surface Water Management Fee 624.00 City Base Map Updating Fee 1,950.00 City Engineering Administration (3.00 %) 18,893.33 SUBTOTAL - CASH REQUIREMENTS $ 245,179.73 CREDITS TO THE CASH REQUIREMENTS Trunk Storm Sewer Credit (Regional Infiltration Basin Excavation) SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS TOTAL CASH REQUIREMENTS RECOMMENDATION $ 2,435.70 $ 2,435.70 $ 242,744.03 Engineering recommends approval of the final plat, grading plan and utility plan for Jamesdale Estates 2 nd Addition, subject to the comments within this report and the following: Prior to City Council consideration: • The Developer must submit a legal description and exhibit establishing a temporary drainage and utility easement across Outlot C, Jamesdale Estates 1s� Addition for the conveyance of stormwater runoff.