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HomeMy WebLinkAbout2013-02-06 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # ' DATE 02/06/201 • ,�: PREPARED BY Community Development ORIGINATING DEPARTMENT Jenifer Levitt STAFF AUTHOR COUNCIL ACTION REQUEST Consider Donald and Bonnie Bialucha's request to amend city Resolution No. 2012 -048, a resolution approving- the final plat for Pinecliff 5 Addition for purposes of deleting the requirement that their property be part of the Pinecliff Homeowners Association. STAFF RECOMMENDATION Take no action and consider not issuing any new building permit for any property in the Pinecliff 5 Addition until the Supplemental Declaration is amended and recorded at Washington County. BUDGET IMPLICATION $ N/A BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS DATE $ N/A N/A ACTUAL AMOUNT FUNDING SOURCE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John McCool, Senior Planner dated 01/31/13 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Bialucha's Letter dated December 26, 2012 Lennar's Letter dated December 13, 2012 Resolution No. 2012 -048 approving the final plat for Pinecliff 5th Addition ADMINISTRATOR'S COMMENTS y Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: January 31, 2013 RE: Bialucha's Request - Pinecliff Homeowners Association Introduction Donald and Bonnie Bialucha, 6120 Ideal Avenue South are requesting the City Council to amend Resolution No. 2012 -048, a city resolution approving the final plat for the Pinecliff 5 Addition. Their request is to delete condition No. 14 from Resolution No. 2012 -048 which reads as follows: 14. Ownership of the two existing residential parcels at 6120 and 6240 Ideal Avenue must be part of the Homeowner's Association for the entire Pinecliff neighborhood. A copy of Bialucha's request and a copy of Resolution No. 2012 -048 are attached. City Council Workshop At the January 16 City Council workshop, Council reviewed and discussed numerous documents concerning the phased development for the single - family residential development platted as Pinecliff. Staff summarized the timeline for the Pinecliff phased developments and the relationship Bialucha and Shannon parcels had with the Pinecliff 5 Addition (final phase). City staff explained the importance in retaining continuity with the homeowner association rules and regulations for all the parcels platted within the Pinecliff subdivisions, including the two existing residential dwellings owned by Bialucha and Shannon. Inconsistencies were recognized in certain documents between US Home Corporation and the Bialuchas and Shannons that questioned whether or not US Home Corporation is compliant with all the conditions stipulated in the resolution approving the Pinecliff 5 Addition and the terms of the development agreement between US Home and the City of Cottage Grove. Based on the discussion at the workshop session, the majority of the City Council supported the idea that all parcels platted in the Pinecliff community should abide by the same rules and regulations. Council also acknowledged that the Supplemental Declaration of Covenants, Conditions and Restrictions for Pinecliff (annexing Blocks 1, 2, 4 & 6 and portions of Blocks 3 & 5, Pinecliff 5 Addition) as recorded with Washington County on November 2, 2012 (Doc. No. 3914995) is inconsistent with the Honorable Mayor, City Council, and Ryan Schroeder Don and Bonnie Bialucha's Resolution Amendment Request January 31, 2013 Page 2 of 4 conditions of the city Resolution No. 2012 -048 and the terms within the development agreement between US Home Corporation and the City of Cottage Grove. No formal action by the City Council was required at the workshop. Taking no action on Bialucha's request to delete Condition No. 14 in Resolution No. 2012 -048 will effectively require US Home to amend the Supplemental Declaration of Covenants, Conditions and Restrictions for Pinecliff (annexing Blocks 1, 2, 4 & 6 and portions of Blocks 3 & 5, Pinecliff 5 th Addition) as recorded with Washington County on November 2, 2012 (Doc. No. 3914995) so that Bialucha's and Shannon's parcels are both participants with the Pinecliff homeowner association. For purpose of ensuring this is done, it is suggested that no new construction building permit should be issued for any lot within the Pinecliff 5 th Addition until the addendum has been recorded at Washington County. U.S. Home Notice On January 22, 2013, notice was given to US Home Corporation that the City Council did not accept the Bialucha's request to amend city Resolution No. 2012 -048. The primary reason for this is that the City desires all the lots platted within the Pinecliff phases to be part of one planned community and abide by the same covenants. City staff requested US Home Corporation to contact Bialuchas and Shannons to work out the details regarding their participation in the Pinecliff Homeowners Association. All six parcels, including the two parcels where the Bialucha's and Shannon's homes are located are required to be part of the Pinecliff Homeowners Association. Staff explained to US Home that that City does not care if the Bialuchas or Shannons pay the HOA dues, pay a $100 architectural review fee, or that their existing homes are exempt from the Pinecliff HOA's architectural review committee. US Home was asked to amend the Supplemental Declaration of Covenants, Conditions and Restrictions for Pinecliff (annexing Blocks 1, 2, 4 & 6 and portions of Blocks 3 & 5, Pinecliff 5 th Addition) as recorded with Washington County on November 2, 2012 (Doc. No. 3914995) for purposes of including all six lots owned by Bialuchas and Shannons in the Pinecliff Community. US Home was given notice that the Supplemental Declaration of Covenants recorded on November 2, 2012 does not comply with all the conditions stipulated in Resolution No. 2012 -048 and the development agreement for the Pinecliff 5 th Addition. For this reason, City Council is recommended to direct staff not to issue any new home construction building permit for any lot within the Pinecliff 5 th Addition until a new Supplemental Declaration of Covenants, Conditions and Restrictions for Pinecliff 5 th Addition showing all lots within the Pinecliff 5 th Addition are in the Community is recorded. Apparently, US Home representatives have discussed this matter with Bialuchas and Shannons. Details of their conversation or agreements have not been shared with City staff. If there is more to report to the City Council before the next meeting, city staff will attempt to forward that information to you before the February 6 City Council meeting. Honorable Mayor, City Council, and Ryan Schroeder Don and Bonnie Bialucha's Resolution Amendment Request January 31, 2013 Page 3 of 4 Homeowner Association Background A homeowner association is typically a non - profit corporation that is created by a developer when a community is in the planning stages. Membership in the homeowner association is mandatory, and you automatically become a member upon purchasing your home. The association is governed by a board of directors which initially is the developer and his representatives (e.g. builders). The developer controls the association during the majority of their construction phase to ensure their marketing and sale of lots and houses continue without concern that a new homeowner intentionally or unintentionally violates the association's rules and regulations. Control during the construction phase is important to the developer so that they can complete the project in a timely manner and continue to market their products. Once a specified percentage (usually 75 -80 percent) of the homes are sold, the developer will then transition control to a new board of directors which are elected by the residents. Each homeowner association has its own governing documents in the form of restrictive covenants, bylaws, architectural guidelines, rules and regulations. The restrictive covenants prepared by the developer are filed on the deed records before any parcel is sold. The restrictive covenants are intended to define the standards of the community for the purpose of protecting property values and are legally binding. Restrictive covenants can vary widely from one association to another. The covenants might control everything from parking to fences, sheds, and any architectural improvements such as porches, pools and home additions. For some communities these restrictions even include exterior paint color and outdoor recreation equipment (e.g. basketball goals, skate board ramps, play structures, etc.). People who buy homes in a community with a homeowner association typically place value on community appearance. Neighbors cannot let their yards grow up in weeds; park boats and RVs in the driveway; ignore exterior maintenance; or paint their house with psychedelic colors. For an association to succeed it is critical that it start off on the right foot. This means that before the association is transitioned to resident control, the developer must at a minimum enforce the covenants. Then it is up to the resident elected board to govern the covenants effectively. Some resident controlled associations' eventually loose interest in continuing the association as the neighborhood matures. Options 1. Approve the Bialucha's request in concept and direct City staff to prepare an appropriate amendment to the Development Agreement and obtain signatures from all necessary parties. The purpose of the amendment is to allow the Lots 3 and 5, Block 3 and Lots 4 and 6, Block 6 to be excluded from the Pinecliff Homeowner Association. 2. Take no action. The conditions listed in Resolution No. 2012 -048 and the terms of the development agreement between US Home Corporation and the City of Cottage Honorable Mayor, City Council, and Ryan Schroeder Don and Bonnie Bialucha's Resolution Amendment Request January 31, 2013 Page 4 of 4 Grove will continue to be in effect. Bialucha's property at 6120 Ideal Avenue and Shannon's property at 6240 Ideal Avenue will be required to be part of the Pinecliff Homeowner Association. US Home must amend the Supplemental Declaration of Covenants, Conditions and Restrictions for Pinecliff (annexing Blocks 1, 2, 4 & 6 and portions of Blocks 3 & 5, Pinecliff 5 Addition) as recorded with Washington County on November 2, 2012 (Doc. No. 3914995) for purposes of including all six lots owned by Bialuchas and Shannons in the Pinecliff Community. 3. If City Council takes no action as described in Option 2, Council could consider directing city staff not to issue any new construction building permit for any property in the Pinecliff 5 th Addition until the addendum as described in Option No. 2 is recorded at Washington County and a copy of the recorded document is submitted to the City. Recommendation City staff recommends to the City Council that city Resolution No. 2012 -048 not be amended (Option No. 2) based on the idea that all the platted parcels within the Pinecliff 5 Addition should abide by the same standards. The requirement that the existing properties at 6120 and 6240 Ideal Avenue should be included in the Pinecliff Homeowners Association was stipulated in Resolution No. 2012 -048 on May 16, 2012. The Bialuchas co- signed the final plat application on May 2, 2012 and signed the final plat. Their property was integral to the subdivision platting process and Lennar's agreement with Bialuchas dated June 7, 2012 was after the City adopted Resolution No. 2012 -048. City Council should also consider Option No. 3 which directs city staff no to issue any new construction building permit for any property in the Pinecliff 5 Addition until the addendum is recorded at Washington County and a copy of the recorded document is submitted to the City. December 26, 2012 City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 RE: Pinecliff 5th Addition Dear Mayor Bailey and City Council Members: We are requesting the requirement that Lot 4, Block 3, Pinecliff 5th Addition (6120 Ideal Avenue) be included in the Pinecliff Homeowners Association. (HOA), be amended or deleted to exclude this property from the HOA. We request that this request be placed on the City Council agenda for January 2, 2013. Condition number 14 of City Resolution No. 2012 -048, approving the final plat of Pinecliff 5th Addition, (approved on May 16, 2012) states the following: 14. Ownership of the two existing residential parcels at 6120 and 6240 Ideal Avenue must be part bf the Homeowner's Association for the. entire Pinecliff neighborhood. Lennar has also drafted a letter dated December 13, 2012, stating that they support the request to exclude our homesite from the HOA. This letter was previously sent to John McCool and has been attached to the this letter. Once again we are requesting that condition number 14 is amended or deleted so that our existing residence is excluded from the Pinecliff HOA. Thank you for your time. Sincerely, GEC 272012 Donald and Bonnie Bialucha RESOLUTION NO. 2012-048 RESOLUTION APPROVING THE FINAL PLAT NAMED PINECLIFF 5TH ADDITION WHEREAS, U.S. Home Corporation has applied for final plat approval of a residential subdivision named "Pinecliff 5th Addition." This plat consists of 27 lots for detached single - family homes and three outlots, all of which are located on property legally described as: Outlot D, PINECLIFF 2ND ADDITION, according to the recorded plat thereof, Washington County, Minnesota And Outlot A, PINECLIFF 4TH ADDITION, according to the recorded plat thereof, Washington County, Minnesota And The East 507.30 feet of the North 214.64 feet of the South 1,976.36 feet of the East Half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, Minnesota And The East 494.94 feet of the South 220.00 feet of the North 660.51 feet of the South 1,761.72 feet of the East half of the Northeast Quarter of Section 5, Township 27, Range 21, Washington County, Minnesota And That part of the west half of vacated Ideal Avenue lying southerly of the easterly extension of the northerly line of Outlot A, PINECLIFF 4TH ADDITION, according to the recorded plat thereof, Washington County, Minnesota and lying northerly of the easterly extension of the northerly line of Outlot D, PINECLIFF 2ND ADDITION, according to the recorded plat thereof, Washington County, Minnesota. WHEREAS, the Planning Commission held a public hearing on March 28, 2005, to re- view the preliminary plat application filed by U.S. Home Corporation. The Planning Commission unanimously recommended approval of this application, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendation and approved the preliminary plat (Res. No. 05 -065) on April 20, 2005; and WHEREAS, City staff found the final plat substantially consistent with the approved prelimi- nary plat. . Resolution No. 2012 -048 Page 2 ({ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed by U.S. Home Corporation for development of a residential subdivision named Pinecliff 5th Addition consisting of 27 lots for detached single - family homes and three outlots, subject to the following conditions: 1: The developer must abide by the 15 conditions stipulated in Resolution No. 05 -065, approving the preliminary plat. 2. The developer must enter into a development agreement with the City of Cottage Grove, pursuant to Title 1043 -3 of the City's Subdivision Ordinance. 3. All utility, drainage, and development plans with specifications must conform to the plans that are approved by the City Engineer. The developer may start rough grading of the lots before the plat is filed, if a MPCA Construction Storm Water Permit has been issued and the City has been furnished with a $30,000 cash escrow or Letter of Credit. 4. The development of this project must comply with the grading and erosion control plans as, approved by the City Engineer. 5. All emergency overflow swales- must be identified on the Grading and Erosion Control Plan. 6. Erosion control must be performed in accordance with the recommended prac- tices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10 -5 -8, Erosion Control During Construction, of the City's Subdivision Ordinance. 7. Upon completing site grading, four copies and one pdf format of the "As- Built" survey for the site grade elevations must be submitted to the City. 8. It is the developer's responsibility to keep active and up to date the developer's con- tract and financial surety (e.g. Letter of Credit, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the City Engineer. 9. The developer must furnish an irrevocable letter of credit for the on -site improvements to ensure that the developer will construct or install and pay for the following: a. Pave streets b. Concrete curb and gutter c. Hard surface driveways d. Street lights e. Mailboxes f. Water system (trunk and lateral) and water house service stubs Rdsolution No. 2012 -048 Page 3 g. Sanitary sewer system (trunk and lateral) and sanitary house service stubs h. Storm sewer system 1. Street and traffic control signs /signals j. Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer k. Adjust and repair new and existing utilities I. Sidewalks and trails in. Erosion control, site grading and ponding n. Surveying and staking o. Park and storm water basin boundary markers These Improvements must be in conformance with City approved plans and specifi- cations and will be installed at the sole expense of the developer in conformance With Title 10, Chapter 5 of the City Code; or if in lieu of the developer making said improvements, the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the City Council may re- duce said Letter of Credit by the amounts provided, upon the ordering, for those public improvements so undertaken. The Letter of Credit must have the same expi- ration date as the developer's contract. The bank and form of the security is subject to the reasonable approval of the City. The security shall be automatically renewing. The term of the security may be ex- tended from time to time if the extension is furnished to the City at least forty -five (45) days prior to the stated expiration date of the security. If the required public im- provements are not completed, or terms of the Development Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of credit, the city may draw down the letter of credit. The City may draw down the security without prior notice for•any default of the Development Agreement. 10. The developer must deposit a cash escrow with the City that will be specified in the development agreement. This escrow must be posted with the City's Finance Director in a non - interest bearing account to cover engineering, . legal and administrative costs incurred by the City. If this account becomes deficient it shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. 11. An engineering cash escrow that will be specified in the development agreement must be posted with the City's Finance Director in a non - interest bearing account to cover costs of City services, expenses, and materials provided in reviewing and processing of the final plat, including but not limited to staff: time, legal expenses, office and field inspections, general inspections, and all other, city staff services performed. 12. Payment of park dedication fees in the amount of $41,990.40 is based on 27 lots and 48.6. percent'of the $3,200 per lot park fee because park land dedication was only partially satisfied. The park fee is due and payable at the time of executing the development agreement. Resolution No, 2012048. Page 4 13. The Homeowner's Association for this phase of development must be part of the Homeowner's Association for the entire Pinecliff neighborhood. The Homeowner's Association is responsible for the maintenance of all vegetation and landscaping lying within the stormwater basins within the Pinecliff neighborhood. The City will rough cut the vegetation within the stormwater basins twice per year if the Home- owner's Association does not maintain these areas. /! .......... 14. } Ownership of the two existing residential parcels at 6120 and 6240 Ideal Avenue must be part of the Homeowner's Association for the entire Pinecliff neighborhood, 16. The Developer pays a storm water area charge. This fee is due and payable at the time of executing the development agreement. 16. The Developer pays a waterworks area charge. This fee is due and payable at the time of executing the development agreement. 17. The Developer pays a sanitary sewer area charge, This fee is due and payable at the time of executing the development agreement. 18. The City will supply the street light poles and luminaries, The Developer will pay the City for street light poles and street light luminaries. This fee is due and payable at the time of executing the development agreement. 19.. The developer shall pay the City $2,138.40 for street light utility and surcharge fee. This fee is due and payable at the time of executing the, development agreement. 20. The developer agrees to pay a fee for initial sealcoating of streets in the subdivision, This fee shall be deposited in the City's street sealcoating fund upon execution of the development agreement. The City agrees to sea €coat the streets in the subdivision no later than two years after 24 houses within the subdivision have been constructed, 21. The Developer is responsible for establishing the final grades, topsoil, and seed- ing of all the residential lots within Pinecliff 5th Addition, The City is responsible for planting 35 deciduous trees within the Pinecliff 5th Addition. The City will plant these trees as a yard tree shown in Exhibit "A" of the July 2, 2008 Settlement Agreement between the City and U.S. Home Corporation, The developer is re- sponsible for site restoration and seeding after the City completes the landscaping within Outlots A and B. 22. After the site is rough graded, but before any utility construction commences. or building permits are issued, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. Resblution No. 2012048 Page 5 23. All areas disturbed by the excavation and back - fining operations shall be fertilized, mulched and disc anchored as necessary for seed retention. Time is of the essence in controlling erosion. If fhe Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emer- gency determined at the sole discretion of the City, the .City may take such action as it deems appropriate to control erosion immediately. The City will notify the Devel- oper in advance of any proposed action, but failure of the City to do so will not affect .the Developer's and the City's rights or obligations. if the Developer does not reim- burse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 24. The Developer is responsible for Erosion Control inspection fees at the current rates. If the Developer does not reimburse the City for the costs the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 25. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the site. 26. Dust control measures must be in. place to prevent dust and erosion, including, but not limited to daily watering, silt fences, and seeding. The City Engineer may impose . reasonable measures to reduce dust at the site. 27. - During construction, streets must be passable at all times, free of debris,. materials, soils, snow, and other obstructions. 28. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended. 29. Approval of Title by the City Attorney. 30, No building permit will be issued until such time as adequate public utilities, in- cluding street lights, and streets have been installed and determined to be available to use. Also, the City must have all the necessary right-of-way and/or easements needed for the property to be serviced. A building permit may be issued for Lots 1 and 2, Block 5 and Lots 1 and 2, Block 3 if that portion of temporary roadway and utilities are available to the frontage of these parcels. 31. A final plat showing the correct square footage for each lot area must be submitted prior to recording the final plat with the Washington County Recorder's office. 32. All drainage and utility easements as recommended by the City Engineer must be shown on the final plat and dedicated to the City for public purposes. 33. The final plat and declaration of private covenants - must be recorded with the Washington County Recorder's Office before any building permit can be issued. Resolution No, 2012 -•048 Page 6 34. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer. 35.' Adequate dumpsters must be on site during construction of streets, utilities, and houses. When the dumpsters are full, they must be emptied immediately or re- placed with an empty dumpster. The developer is responsible to require each builder to provide an on -site dumpster to contain all construction debris, thereby preventing it from being blown off-site. 36. Adequate portable toilets must be on-site at all times during construction of utilities, roadways, and houses, At no time shall any house under construction be more than 250 feet away from any portable toilet. Toilets must be regularly emptied. 37. The Developer is responsible for completing the final grade on all lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners, 38. Irrigation systems installed within City right of way are solely the developers, home- owners assoclation or individual. homeowner's responsibility and risk. The City is not responsible or liable for any damage or relocation as a result of City use of or future changes in the right of way. 39. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three -foot wall with a back slope greater than four -to- one 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 as evidence that the retaining wall was constructed in accordance with the approved plans and specifications. 40. Upon completion of the work, the Developer shall provide the City with a full set of as -built plans for City records and transmitted to the City in a DWG Autocad format and pdf format. Developer must also furnish the City with a pdf format of the final plat and four prints of the recorded plat. If the Developer does not provide as- builts, the City will produce them at the Developer's expense. 41. The City will not have any with respect to any street or other public im- provement unless the street or other public improvement has been formally ac- cepted by the City. Upon completion of the improvements, the developer may request, in writing, their acceptance by the City, This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City's receipt of a written re- quest for acceptance from the developer, the City Engineer will conduct a final in- ftersolution No. 2012 -048 Page 7 spection of the public improvements and will furnish a Written list of any deficiencies noted. The City Engineer will base 'the inspection on compliance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfactory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in the State of Minnesota, and receipt of reproducible record drawings and satisfactory test re- sults, the City Engineer will notify the developer in writing of the City's approval of the public improvements and schedule the request for acceptance for review by the City Council. 42. Upon acceptance by the City Council, all responsibility for the improvements must be assumed by the City, except that the developer is subject to a one year warranty on the construction of the improvements from the time of acceptance by the City of all public improvements. 43. The plat shall be developed in one phase. 44. All sidewalks to be constructed as part of the development must , be dompleted be- fore building permits will be issued. If a sidewalk exists on or next to a parcel that is to be built upon and if any part of that sidewalk is damaged; the builder must repair the damaged walkway before a Certificate of Occupancy is issued for' that particular parcel. 45. The Developer grants the City, its agents, employees, officers, and contractors permission to enter the site to perform. all necessary work and /or inspections during the installation of public improvements by the City. 46. The Developer shall weekly, or more often if required by the City Engineer, clear from the public. streets and property any soil, earth 'or debris resulting from con- struction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials shall be properly disposed of off- site. Burning of trees and structures is prohibited, except for fire training only. 47. The Developer will be required to conduct all major activities to construct the public improvements during the following hours of operation: Monday through Friday 7:00 A.M. to 7:00 P.M. Saturday 8:00 A.M. to 5:00 P.M. Sunday Not Allowed This does not apply to activities that are required on a 24 -hour• basis such as dewatering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence. 48. The Developer is responsible to require each builder within the development to provide a Class 6 aggregate entrance for every house that is to be constructed in Resolution No. 2012 -048 Page 8 the development. This entrance is required to be installed upon initial construction of the home, but a paved driveway must be completed before the City will issue a certificate of occupancy for that property. See City Standard Plate ERO -7 for con- struction requirements: The water service line and shut -off valve shall not be located in the driveway. 49. The'Developer is responsible for the control of grass and weeds in excess of eight inches on vacant lots or boulevards within their development. Failure to control grass and weeds will be considered a Developer's default and the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. 50. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work by this Develop- ment Agreement. 51. Developer will provide to the City copies of bids, change orders, suppliers, subcontractors, etc., relating to the work to be performed by the Developer. 52. Developer is responsible for all street maintenance, upkeep and repair of curbs, boulevards, sod, and street sweeping until the project is complete. All streets must be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said street(s) and directing them to detour routes. if and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer must maintain a smooth driving surface and adequate drainage on all streets until they are completed and accepted by the City. Developer hereby agrees to indemnify. and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obliga- tions imposed upon Developer by this paragraph. 53. The Developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the city administrator. 54. The Developer must place iron monuments at all lot and block corners and at all other angle points on property lines. Iron monuments must be placed after all site and right -of -way grading has been completed in order to preserve the lot markers for future property owners. 55. The Developer must make all necessary adjustments to the curb stops, gate valves, and metal castings to bring them flush with the topsoil (after grading). Resolution No. 2012 -048 Page 9 56. The Homeowner's Association(s) or the homeowner that has a sidewalk on their property is responsible for maintaining the sidewalks. Such maintenance includes, but is not limited to, sweeping and promptly removing ice and snow or other obstruction to ensure the safe passage of pedestrians. 57. The Developer must remove all dead and diseased trees, all other debris, and fencing materials that serve no practical use. This work must be completed prior to the issuance-of a building permit. 58. The City will provide to the Developer the street name plates and poles. The De- veloper must pay the City for the costs of labor and materials for these street name signs before any building permit is issued. 59. The City's curb replacement policy must be compiled with. .60. The Special Provisions — Divisions 1, 2, and 16 of Pinecliff 2nd Addition will have precedence when specifying applicable products or materials for the Pinecliff.4th project to ensure that the Approved Plans meet City expectations when conflicts exist with the CEAM specifications, plan sheets, etc. 61. The developer must deed to the City Outlofs A, B and C. The City will accept ownership of these outlots once all the improvements. are installed, slit fence barriers are removed and ground vegetation exists on these parcels. 62. The developer must install 17 park and open space boundary markers as shown in Exhibit C. The Developer must pay the City $1,955.00 for the park and open space boundary markers and install these markers before the City will issue a building permit for a house within the Pinecliff 5 Addition. 63. The ' City must complete the landscaping within the Pinecliff 5th Addition as stipulated in the Settlement Agreement dated July 2, 2008. A copy of the landscaping improvements required to be installed by the City. is shown in Exhibit "C" of the Development Agreement for Pinecliff 5th Addition. The City shall complete the landscaping improvements within Outlots A and B before November 1,. 2013. 64. The developer is responsible for the costs and removal of the roadway materials, sub -base materials, relocate all existing utilities and grading the former ' pubiic roadway and placing a minimum of six inches of topsoil within that segment of ideal Avenue between 60 Street and 63� Street. The City agrees to vacate and discontinue the public use of this segment of ideal Avenue once the new ideal Avenue roadway is constructed. The City agrees to contribute $112,101.00 toward the costs. associated with the reconstruction of Ideal Avenue for the west one -half of the roadway between 60 Street and 63 Street as stipulated in the Settlement Agreement dated July 2, 2008. Resolution No. 2012 -048 Page 10 65. The developer agrees to remove all existing septic and drainfield systems and private wells in accordance with applicable County and State laws. A copy of the documents certifying that the private wells and septic /drainfield systems have been removed must be filed with the City before any building permit is issued on Lots 3, 4 and 5, Block 3. and Lots 3, 4 and 5, Block 5. 66. The accessory structure at 6120 Ideal Avenue must be removed from its current location. It may be relocated to Lot 4, Block 3 of Pinecliff 5 th Addition, but a building permit application must be filed with the Cottage Grove Building Inspections Division and a building permit issued by the City. The minimum setback requirements for accessory structures must be met. 67. The accessory structure at 6240 Ideal Avenue is permitted to remain on Lot 4, Block 5 of Pinecliff 5 th Addition as along as the land ownership for Lots 4 and 5, Block 5 is the same. Once a new home is proposed to be constructed on Lot 4, Block 5 or if the current land owners Thomas V. and Sharon L. Shannon sell Lot 4, Block 5, then the existing accessory structure on Lot 4, Block 5 must be removed from the property. Replacement of the existing accessory structure must comply with the City ordinance regulations. A demolition permit application must be filed with the Cottage'Grove Building Inspection Division. 68. Developer responsible for the replacement of the private access drives for the two existing residential properties. The developer is responsible for paving all, residential driveways within Pinecliff 5th Addition. The developer must also provide reasonable vehicular access to the homeowners at 6120 and 6240 Ideal Avenue and for" public safety emergency vehicles and equipment during site grading and construction process. 69. The temporary bituminous trail segments located between Lots 1 and 2, Block 3 and along the west side of Lot 1, Block 4 shall be removed by the developer. 70. The proposed city sanitary sewer service to Lot 5, Block 5 must be provided to Ideal Avenue and the existing temporary sanitary sewer line extending from Lot 5, Block 5 to the northwest and between Lots 1 and 2, Block 5 must be removed by the developer. 71. The developer must comply with all the recommendations provided in Stantec's letter to the City Engineer dated May 10, 2012. 72. The City Engineer must approve the developer's grading and construction plans before site grading for the Pinecliff 5" Addition can begin. 73. The existing gravel private driveway located on Lot 4, Block 5 can remain on the property until such time the existing accessory structure on Lot 4, Block 5 is removed. During the interim, a portion of the gravel private driveway must be paved a minimum of 40 feet west from the west curb of the new Ideal Avenue. This driveway must not be closer than six feet to the north property line of Lot 4, Y ' Rdsolution No. 2012 -048 Page 11 Block 5 of Pinecliff 5 Addition. The developer must stake the location of the future private driveway for Lot 4, Block 5 of Pinecliff 5th Addition so that a driveway apron can be constructed. 74. City approval of the Pinecliff 5th Addition final plat is contingent to City conducting a public hearing for the vacation and discontinuance of that part of existing Ideal Avenue South lying between 60 Street and 63 Street. The City will not release the final plat mylars until the vacation and discontinuance of this section of right- of-way is completed. . 75. City approval of the Pinecliff 5th Addition final plat is subject to the relocation and /or removal. of private utilities within that segment of existing Ideal Avenue lying between 60 Street and 63 Street and executing certain agreements with abutting property owners and utility companies. 76. City approval of the Pinecliff 5 Addition final plat is subject to the dedication of certain tei npor-ary and permanent easements dedicated for public purposes from landownership east of existing ideal Avenue. Passed this 16th day of May, 2012. Attest: "'-� — 'd, 1'4� Myr �IMI or Caron M. Stransky, City Clerk December 13, 2012 City of Cottage Grove 12800 Ravine Parkway South, Cottage Grove, MN 55016 Dear Honorable Mayor and members of the Council; The propose of - this letter is to request your consideration. - to modify condition #14 of the, approval resolution (No. 2012 -048) relating to Pinecliff 5th Addition. The condition obligates all of the hornesites within the 5 tli addition to be included in the Pinecliff Homeowners Association. There are two existing homes, currently, owned by the Bialucha's and Shannon's that have requested exclusion from the HOA.. Even though each of the homes are located within the physical boundary of the Pinecliff neighborhood, both were constricted in the 1980's and have unique circumstances that warrants careful thought for this request, Lennar supports this request and would like the City to approve the same. I appreciate your consideration and look foreword to your support. If you have questions or concerns feel flee to contact me at (952) 249-3000. Sin de e m- �_ _ f i DEC 2 7 2012 J blonski Development Area Manager j Lennar Corporation CC: Donald and Bonnie Bialucha Torn. and. Cheri Shannon John Anderson Jon A.une 16305 36th live N .9 Suite 600 o P MN 554.46 -4270 r I