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HomeMy WebLinkAbout6.c. Shannon Meadows Addition Final Plat CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: May 7, 1996 AGENDA ITEM: Shannon Meadows Addition Final Plat AGENDA SECTION: New Business PREPARED BY: Rick Pearson, Assistant Planner AGENDA lit EM ATTACHMENTS: Resolution, Ordinance, Engineering APPROVED BY: memos, Draft Development Agreement, PC minutes 4-23-96 Mr. Jack Gassner of International Development II is requesting approval of the final plat for the Shannon Meadows Addition. The 29 lot single family detached residential development involves the former Strese property as well as much of the Burkhalter property. The project will be privately constructed in a single phase. On April 23, 1996, the Planning Commission reviewed the final plat and adopted a motion to recommend approval. The final plat is consistent with the approved preliminary plat that was approved on March 6, 1996. The property should be rezoned to R-1, Single Family Residential 9 Y (detached) with the approval of the final plat. The required public hearing for the rezoning was held at the same time as the preliminary plat on March 6, 1996. RECOMMENDED ACTION: Motion to adopt a resolution approving the final plat for Shannon Meadows; and, Motion to adopt ordinance B-_ rezoning the property from Agriculture to R-1, Single Family Residential (detached) COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1996- • '' A RESOLUTION APPROVING THE FINAL PLAT FOR SHANNON MEADOWS ADDITION WHEREAS,the City Council of the City of Rosemount approved the Shannon Meadows Addition revised preliminary plat on March 6, 1996; and WHEREAS,the City of Rosemount has received an application for approval of the Shannon Meadows Addition final plat; and WHEREAS,the final plat is in conformance with the approved revised preliminary plat; and WHEREAS, on April 23, 1996, the Planning Commission of the City of Rosemount reviewed the final plat and has recommended approval of the Shannon Meadows Addition final plat subject to conditions. NOW, THEREFORE, BE IT RESOLVED,the City Council of the City of Rosemount hereby approves the Shannon Meadows Addition final plat subject to: 1. incorporation of recommendations relative to grading, utilities and easements identified by the Public Works Department; 2. payment of required fees including Storm Water Trunk Area Charges of$2,000 per acre, G.I.S. fees of$50 per lot, Park dedication in the amount of$760 per lot; 3. three driveways (2 on Shannon Parkway and 1 on 145th Street) shall be closed and replaced with B618 concrete curb and gutter at the Developer's expense; 4. Lot 14, Block 2 gravel driveway and 145th Street curb cut removal, restoration, and sodding shall be at the Developer's expense; 5. sidewalks shall be installed along the south side of 143rd Street West; 6. streets shall be renamed in accordance with the City street name assignments; and 7. execution of a development agreement to secure the public improvements. ADOPTED this 7th day of May, 1996. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Second by: Voted in favor: Voted against: City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Shannon Meadows Addition THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Ordinance B, adopted September 19, 1989, entitled"City of Rosemount Zoning Ordinance," is hereby amended to rezone from AG Agriculture to R-1 Single Family Residential (detached) the following described property located within the City of Rosemount, Minnesota to-wit: SEE ATTACHED Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled"Zoning Map of the City of Rosemount" shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made a part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 7th day of May, 1996. CITY OF ROSEMOUNT Cathy Busho,Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Rosemount Town Pages this day of , 1996. +�.. ..ter..... .s�r�sr DESCRIPTION ?i''•~ " PARCEL I(Burkhalter Farm):• ,7,-'.: ..,lf =:�`_ North 330.40 fret of the East 52737 feet of the South Half of the Northwest Quarter of .:Y T :T $echo 30,Township 115,Range 19,Dakota County,Minnesota,EXCEPT the West 167.54 feet -r;. *� • ofthe East 52737 feet of the North 250.00 fret of said South Half of the Northwest Quarter, -'r'4 . --�'a •?:-/ao�rdmg to the United States Government Survey thereof and situate in Dakota County, ":• ^: • _ ti - • PARCEL 2(Strese Farm): of the Northwest Quarter of Section 30,Township 115, ' _ _ '. . . � feet -' ''T .1e east 52727 et of the South Half , • Range 19,Dakota County,Minnesota;EXCEPTING therefrom the following described tracts of :•.4 ' _ _— 'The north 330.40 feet of the east 52737 feet of the South Half of the Northwest Quarter of said Section 30,Township 115,Range 19,Dakota County,Minnesota. . '2. ''That part of the South Half of the Northwest Quarter of Section 30,Township 115,Range 19 described as follows: Beginning at a point on the south line of said South Half of the Northwest Quarter 20.00 feet West of the Southeast corner of said South Half of the Northwest Quarter,thence North 10 rods;thence West 8 rods;thence South 10 rods to said south line;thence East along said south line to the place of beginning. 3. That part of the South Half of the Northwest Quarter of Section 30,Township 115,Range - 19 described as follows: Beginning at a point on the south line of said South Half of the Northwest Quarter 52737 feet west of the southeast corner thereog thence north on a line - • - parallel to the east line of said South Half of the Northwest Quarter a distance of 272.25 . •feet;thence east parallel to the south line thereof a distance of 160.00 feet;then south parallel with said east line a distance of 272.25 feet to the south line thereog thence west along said south line a distance of 160.00 feet to the point of beginning. 4. . That part of the South Half of the Northwest Quarter of Section 30,Township 115,Range ' 19,Dakota County,Minnesota described as follows: Commencing at the southeast corner • of thereof thence west along the south line of said South Half of the Northwest Quarter • • 152.00 feet to the point of beginning of the land to be described,thence contirni;ng west along said south line a distance of 21537 feed thence north parallel with the east line of said South Half of the Northwest Quarter 165.01 feet;thence east parallel with the south • . line of said South Half of the Northwest Quarter 213.30 feet to its intersection with a line drawn north at right angles to the south line of said South Half of the Northwest Quarter • from the point of beginning;thence south 165.00 feet to the point of beginning • Subject to all easements of record,if any. • • ito tW° . CITY OF RO S E M O U N T 2875—`;45t"Street West r P.O.Box 510 Everything's Coming Up Rosemount!! Rosemount,MN 55068-0510 ` y Phone:612.423.4411 Fax:612.423-5203 April 24, 1996 Mr. Fran Hagen, P.E. RLK Associates LTD 6110 Blue Circle Drive, Suite 100 Minnetonka, MN 55343 Re: Shannon Meadows Addition City Proj. No. 261 Dear Mr. Hagen: Additions have been made to the plat review addressed in a April 16th mailing to you and they are addressed below under 3) and 4). The review comments are for the plat received by the City on April 24, 1996 from Kevin VonRidel of RLK. The following may not be inclusive of all changes required. The City reserves the right to review a resubmitted plat before signing off. 1) As noted in the previous reviews, City staff wants the following street name changes: • Rename 143rd Street to 143rd Street West • Rename Dallara Court to Dawson Court • Rename 144th Court to Dawson Place City staff is now assigning street names not Dakota County. Please show the correct street names on all submittals including plan sheets. 2) The 10' easement on the Block 2, Lot 6 & 7 property line shall be increased to 20' for the emergency overflow from 143rd Street West. 3) A 15' utility & drainage easement shall be shown centered on the drainage swale in the backyards of lots 1,2, 3, & 4 of block 1. •JOt� nr.nrnq JU'S XS-(onwmw mxm.rh 4) The 10' easement on the east property line of lot 1 of block 1 shall be increased to 15' from the 10' easement in the front yard to the 15' utility & drainage easement in no. 3 above. Please see the enclosed red lined plat and forward. If you or Demars-Gabriel Land Surveyors have any questions, feel free to contact Bud Osmundson or me at 322-2022. Sincerely, Doug Litterer enclosure cc: Bud Osmundson, P.E., Public Works Director/City Engineer Jack Gassner, International Development Kevin VonRidel, RLK Dan Rogness, Community Development Director Andrew Mack, Senior Planner Rick Pearson, Assistant Planner 2 •. Date: 04-19-96 PUBLIC WORKS/ENGINEERING DEPARTMENT REVIEW FOR: PROJECT NAME: Shannon Meadows Addition, CITY PROJECT NO. 261 Proposed by: International Development II Phone No. 559-8171 (N & A) 3131 Fernbrook Lane. Suite 206 Fax No. 559-8281 Plymouth. MN_ 55447 Type of Request: Final Plat For Approval the Following Conditions Must Be Met for Approval: 1. Storm Water Trunk Area Charges of $2,000 per acre Fee Resolution paid at Final Platting. 2. GIS fee of $50 per lot paid at Final Platting. 3. Three driveways (2 on Shannon Parkway and 1 on 145th Street) shall be closed and replaced with B618 concrete curb and gutter at the Developer's expense. 4. Outlot A gravel driveway removal, restoration, and sodding shall be at the Developer's expense. 5. Incorporation of recommendations relative to grading, streets, utilities and easements identified by the Public Works Department. .._M"wM IwwN Ir.f VI"/w"w r/INfra \, ea / e N 55'54;27.E 527.41 OW 9 toko WA Ilia Ls. • ji I II I , LI I BLOCS I i i I 11 1 I , - I I I I I � � ' u I ii ' 10 a i4 N III - I 1 t.. I'°' k Y it- * 1 r, I., c r i i i • i i i . I - '°° I s* I I t I I I I I II! I i= II I, 11 _ I22 I•i J s / °- tr w I+e.xr c:aa°a _s-.T•..f.••.�f.f __Jr.. ..,•01.7 r c ur "rae.a 1 "w e ° 143RD , 1 STREET. 1 .....0 1 M70.an I 4.7TRE-r a Q. f lJ.7r w.Rat .�I JI II7.D[LL7U b'.+•- - .•A•.I'`.w.If.Yr C fLQI v'r I\LL r I I I I I I I.2. 1 I .i.:: I I I •b ge 21 CI c" °i1' N pI I It L_ _J = I II wI I I "? I ci r—ssr[rr-� —JL<o JL—a J L_ai—� �> 55 i� Cr I:i V I • 8. _ •"�1l. �f.yrr'--7r- "wf ar I _- it----__ I I / / I$ �5 I r--..-•01,r—71 , d g ;7.0 1 ?....... 1 _J Ls I ,41:0---J gg, i¢,a, i-1 r O ..�. T 1 84B 1.) e.trr yr.."ii "'• �i I I z• r Ilia •g.'\ '1 y' . z i` s�Y 'a `\� iv, •B I E I 0 1 .(..0 - ..Y N \ ; •3711 t~O� p `rt I S \ > . =\\et -''a I� k.f.) w L S. \ �-_ s 7:1, $ 6 N•_—■ drn • I :- \`-- ,.1 *I r'..ca.,8Y y i' .ate' 1 !i _• I I I • I A �q`) ,:f*:'8 _ I i•_ , ' C li\` fF a /^ •r..- Imo''\ 4 } I i r I /// 4,,,,..z.-..�,wf"'r \ \ 71 II I -rN 89.53'32 E 160.00 \ \ t+ `i i _ I I \• \ - O O a //+ IS a1 _ \ —1,`. Z 1 orr N I// a P41 1. \ ! 1 I * ( I I I w ,: � AN 8933']2'E 347,37 a r I (.1 N ts '• O C 1 1 3-01i. a ,. I I Is III �8�' ,00 n _.-- I---_-_=-- -- -_ 5891-132•W -. 20.00; C 7" r 7-;.;',=_",.=:r -..r 4 al.. -=pr..••N M f 5/7 N rM Se r/•r•r.J r ri r J n....:I 1 -Steil.M p."",0 rls R..w r+ ' -.A.rwM rwr N me I PA N p'.,.w 5/4 N L.b Z vf:nwt JF.v'iia <- r- r.�N;d::�.: ,+.CRa3 rr; - Uj1 • A, 1P49P, Development Contract SHANNON MEADOWS ADDITION AGREEMENT dated this day of , 1996, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and INTERNATIONAL DEVELOPMENT II, a Minnesota Corporation, (the "Developer"). 1• R equest for Plat Approval. The Developer has asked the City t o approve ve a plat of land to be known as SHANNON MEADOWS ADDITION (also referred to in this contract as the "plat"). The land is legally described as follows: SEE ATTACHED 2. P.U.D. Approval. The City has approved the Shannon Meadows Planned Unit Development and Preliminary Plat on March 6, 1996 subject to: 1. incorporation of engineering recommendations relative to grading and utilities; 2. execution of a development agreement to secure public improvements, infrastructure, GIS fees and park dedication as well as guarantee variances; 3. rezoning the property to R-1 Single Family Residential (detached); and 4. conformance with the applicable subdivision and zoning ordinances for fmal plat. 3. Conditions of Plat Approval. The City hereby approves the plat on condition of 1) incorporation of recommendations relative to grading, utilities and easements identified by the Public Works Department; 2) payment of required fees including Storm Water Trunk Area Charges of$2,000 per acre calculated per resolution for a total of$25,600, G.I.S. fees of$50 per lot (29 lots, total of$1,450), Park dedication in the amount of$760 per lot; 3) three driveways (2 on Shannon Parkway and 1 on 145th Street) shall be closed and replaced with B618 concrete curb and gutter at the Developer's expense; 4) Lot 14, Block 2 gravel driveway and 145th Street curb cut removal, restoration, and sodding shall be at the Developer's expense; 5) sidewalks shall be installed along the south side of 143rd Street West; 6) streets shall be renamed in accordance with the City street name assignments; and 7) execution of a development agreement to secure the public improvements. 4. Phased Development. The City may refuse to approve fmal plats of subsequent additions of the plat 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. 5. Effect of Subdivision Approval. 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 urban service area, or official controls shall apply to or affect the use, development ShanMead.AGR Page 1 of 9 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 Guide Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 6. 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 Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in this plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A -- Plat Plan B -- Soil Erosion Control Plan and Schedule Plan C -- Drainage and Storm Water Runoff Plan Plan D -- Plans and Specifications for Public Improvements Plan E -- Grading Plan and House Pad Elevations Plan F -- Street Lights 7. Improvements. The Developer shall install or cause to be installed and pay for the following: A. Sanitary Sewer B. Water C. Storm Sewer D. Streets E. Concrete Curb and Gutter F. Boulevard Sod G. Street Lights H. Sidewalks and Trails I. Street Signs J. Setting of Lot and Block Monuments K. Surveying and Staking of work required to be performed by the Developer L. Gas, Electric, Telephone Lines, and Cable Lines The City shall reimburse the Developer for core facilities that the Developer installs at the difference between core and lateral costs as determined by the City Public Works Director and approved by the Utility Commission. The improvements shall be installed in accordance with City standards, ordinances and plans and specifications which have be prepared by a competent registered professional engineer furnished to the City and approved by the City Public Works Director. The Developer shall obtain all necessary permits from the Minnesota Pollution Control Agency (MPCA), Minnesota Department of Health (MDOH), and other S6anMead.AGR Page 2 of 9 agencies before proceeding with construction. The City shall provide field inspection to ensure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City ty acceptance. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all the parties concerned, including 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 "Record Plan" drawings. 8. Security. To guarantee compliance with the terms of this Agreement, payment of the costs of all public improvements and construction of all public improvements, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") for $443,482.00. The amount of the letter of credit was calculated as follows: Sanitary Sewer 99,500.00 Water Main 57,700.00 Storm Sewer 96,600.00 Street Construction 116,000.00 Concrete Sidewalk 6,200.00 Landscaping 23,800.00 SUBTOTAL $399,800.00 Monuments 3,000.00 Erosion Control 4,700.00 Contingency (5% of Construction Cost) 19,990.00 Construction Engineering (4% of Construction Cost) 15,992.00 TOTAL $443,482.00 The bank and form of the letter of credit shall be subject to the approval of the City Administrator. The letter of credit shall be for a term ending December 31, 2001. In the alternative, the letter of credit may be for a one (1) year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a fmal expiration date of December 31, 2001, unless sixty (60) days prior to an expiration date the bank notifies the City that it elects not to renew for an additional period. The letter of credit shall secure compliance with the terms of this Contract and all fmancial obligations of the Developer under it. The City may draw down on the letter of credit without notice upon receiving notice that the letter of credit will be allowed to lapse before December 31, 2001. In the event of a default under this Development Contract by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Development Contract. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit. With City approval the letter of credit may be reduced once per year as financial obligations are paid and public improvements are completed to City's requirements. ShanMead.AGR Pagc 3 of 9 9. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 7 which will serve the plat by July 31, 1997. The Developer may, however, request an extension of time to 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. 10. Grading Plan/Site Grading. The Developer shall submit to the City a site grading and drainage plan for the entire plat acceptable to the City showing the grades and drainage for each lot prior to installation of the improvements. Site grading shall be completed by the Developer at its cost and approved by the City Public Works Director. Developer shall furnish the City Public Works Director satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City after site grading, with street and lot grades. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. All basement and/or foundation excavation spoil piles shall be kept completely off City right- of-way and shall be completely surrounded with an approved erosion control silt fence. The City also requires that approved erosion control fencing be installed around the perimeter of each lot at the time of building permit issuance and remain in place until the lot is seeded or sodded. A twenty-foot rock construction entrance (per Best Management Specifications) will be allowed on each lot for construction deliveries. 11. 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 during the installation of public improvements by the City. The license shall expire after the plat has been developed. 12. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations - shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. Sod is required on all slopes greater than ten percent (10%) gradients or as directed by the city engineer. Selected lots and or building permits may contain a clause which requires complete or substantial yard sodding prior to issuance of Occupancy Permits. All seeded areas shall be mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the plat development does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion, including those provisions listed in paragraph 10. 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 or City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. ShanMead.AGR Page 4 of 9 13. Planting and Seeding. Prior to the City allowing occupancy, the Developer shall plant one (1) two-inch caliper deciduous tree on each street frontage of each lot and the Developer shall also sod the boulevards, all at its own cost. Prior to the complete release of security as provided for in Paragraph 8, all plantings indicated on the Landscaping Plan included with the approved Preliminary Plat shall be complete. 14. Clean up. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After the Developer has received 24 hour verbal notice, the City will complete or contract to complete the clean-up at the Developer's expense, as per the conditions under Paragraph 12. 15. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Contract, the public improvements lying within public rights-of- way and easements shall become City property without further notice or action. 16. Warranty. The Developer warranties all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting. The Developer shall post maintenance bonds or other security acceptable to the City to secure the warranties. 17. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the 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, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat, and the enforcement of this contract. B. The Developer shall hold the City and its officers and employees 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 and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. 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, Hampton Development Corp., 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. D. 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 work and construction including, but ShanMead.AGR Page 5 of 9 not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. E. 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, MCES sewer availability charges ("S.A.C."), City water connection charges, City sewer connection charges, City storm water connection charges and building permit fees. F. The Developer shall pay all energy costs for street lights installed within the Shannon Pond Second Addition until seventy-five percent (75%) of the lots are occupied. After that, the City will assume the energy costs. G. The City will pay the Developer for the construction cost of the Sanitary Sewer from Manhole No. 3 southerly between Lots 14 and 15 of Block 2 which serves parcels south of this plat. This line is approximately 305' long and includes 3 manholes. 18. Building Permits. No building permits shall be issued until: A. The site grading has been completed and approved by the City and erosion control measures are in place for each lot. B. All public utilities must be tested, approved by the City Engineer, and in service. All curbing must be installed and backfilled, the first lift of bituminous must be in place and approved by the City. C. The City Public Works Director has certified that the timetable for construction of public improvements is compatible with private home construction and occupancy. D. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, materialmen or agents. No occupancy permits shall be issued until the public utilities referred to in paragraph,7 are in and approved by the City, unless otherwise authorized in writing by the City Public Works Director. 19. 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 is first given notice of the work in default, not less than 48 hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. ShanMead.AGR Page 6 of 9 20. 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. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. No occupancy permit shall be issued until public improvements in paragraph 7 are in and approved by the City. F. 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. G. The Developer represents to the City to the best of its knowledge that the plat is not of "metropolitan significance" and that an environmental impact statement is not required. If the City or another governmental agency determines that such a review is needed, however, the Developer shall prepare it in compliance with legal requirements so issued from the agency. The Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting in the preparation of the review. H. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available.to the City, at law or in equity, or under any other agreement, and ShanMead.AGR Page 7 of 9 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. J. The Developer may not assign this Contract without the written permission of the City Council. K. The City assumes no responsibility for the design, construction, maintenance, or longevity of developer installed retaining walls. 21. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: International Development II, 3131 Fernbrook Lane, Suite 206, Plymouth, MN 55447. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Rosemount City Hall, 2875 145th Street West, Rosemount, MN 55068. Attention: City Administrator. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: Cathy Busho, Mayor BY: Susan M. Walsh, City Clerk INTERNATIONAL DEVELOPMENT II BY: Its BY: Its ShanMead.AGR Page 8 of 9 STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of_ , 1996, by Cathy Busho, Mayor, and Susan M. Walsh, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of_ , 1996, by and International Development II, a Minnesota Corporation, on behalf of the partnership. Notary Public DRAFTED BY: City of Rosemount 2875145th Street West P.O. Box 510 Rosemount, MN 55068-0510 ShanMend.AGR Page 9 of 9 • • -' LEGAL DESCRIPTION PARCEL 1 (Burkhalter Farm): AZ.The North 330.40 feet of the East 527.37 feet of the South Half of the Northwest Quarter of r Sedian 30,Township 115,Range 19,Dakota County,Minnesota,EXCEPT the West 167.54 feet - r�. ��,.�ofthe East 527.37 feet of the North 260.00 feet of said South Half of the Northwest Quarter, '.'accardmg to the United States Government Survey thereof and situate in Dakota County, -; Minnesota. PARCEL 2(Strese Farm): of Section 30,Township 115 The east 527.27 feet of the South Half of the Northwest Quarter p Range 19,Dakota County,Minnesota;EXCEPTING therefrom the following described tracts of land: . 1. The north 330.40 feet of the east 527.37 feet of the South Half of the Northwest Quarter of said Section 30,Township 115,Range 19,Dakota County,Minnesota. 2. That part of the South Half of the Northwest Quarter of Section 30,Township 115,Range 19 described as follows: Beginning at a point on the south line of said South Half of the Northwest Quarter 20.00 feet West of the Southeast corner of said South Half of the Northwest Quarter,thence North 10 rods;thence West 8 rods;thence South 10 rods to said south line;thence East along said south line to the place of beginning. 3. That part of the South Half of the Northwest Quarter of Section 30,Township 115,Range • 19 described as follows: Beginning at a point on the south line of said South Half of the Northwest Quarter 527.37 feet west of the southeast corner thereof,thence north on a line parallel to the east line of said South Half of the Northwest Quarter a distance of 272.25 feet;thence east parallel to the south line thereof a distance of 160.00 feet;then south parallel with said east line a distance of 272.25 feet to the south line thereof thence west along said south line a distance of 160.00 feet to the point of beginning. 4. That part of the South Half of the Northwest Quarter of Section 30,Township 115,Range • 19,Dakota County,Minnesota described as follows: Commencing at the southeast corner of thereof thence west along the south line of said South Half of the Northwest Quarter 152.00 feet to the point of beginning of the land to be described,thence continuing west along said south line a distance of 215.37 feet;thence north parallel with the east line of • said South Half of the Northwest Quarter 165.01 feet thence east parallel with the south line of said South Half of the Northwest Quarter 213.30 feet to its intersection with a line drawn north at right angles to the south line of said South Half of the Northwest Quarter from the point of beginning;thence south 165.00 feet to the point of beginning. Subject to all easements of record,if any. Regular Planning Commission Meeting Proceedings AN April 23,1996 -' Page 6 I Commissioner McDe .ott felt that the property belonged to Mr. Hanson and Mrs,;Hart and it was inappropriate to expect t -m to provide an access for other parcels. Mr. McDeny ott stated that it should be the responsibility of any ture developer to obtain access to any property they acquire and develop. Commissioner Shoe-Corrigan ated that she was in agreement with Commissioner McDermott's comments. She also suggested th• the Harts and Hansons investigate the se of a conservation easement to stop further development. Commissioner Droste mentioned that w' -n Chelsea Woods was de eloped it was intended at that time that Cobblestone Lane would be extended�To court or permane turnaround was ever constructed. Mr. Droste further stated that obtaining the right-of-way would be additional cost to any owner/developer that developed the property to the east and nort . \ / Commissioner Tentinger also stated that it would be‘ oo'much of a burden for a future developer to obtain access without this right-of-way. He felt that taming the right-of-way at this time is a needed ti:\ protective measure. \, MOTION by McDermott to recommend appr ival of the Ha on Addition Administrative Plat subject to: (1) payment of G.I.S. fees as established the 1996 fee res ,ution; and (2) provision of easements for drainage and ponding in accordance ' h recommendations from the Engineering Department. Seconded by Shoe-Corrigan. Ayes: She--Corrigan and McDermott, Nays: DeBettignies, Tentinger and Droste. Motion fails 3-2. -.1 MOTION by Tentinger to reco end approval of the Hanson Addition Administrative Plat subject to: (1)the dedication of the easte- sixty feet of the Hart property for right-of-W; (2) payment of G.I.S. fees as established in the 19:6 fee resolution; and (3)provision of easements fo drainage and ponding in accordance with reco -ndations from the Engineering Department. Secondedb Droste. Ayes: Tentinger, DeBettigni-: and Droste. Nays: Shoe-Corrigan and McDermott. Motion asses 3-2. New Business: Shannon Meadows - Final Plat Assistant Planner Pearson related that the preliminary plat for Shannon Meadows was approved by the City Council on March 6, 1996. The Final Plat is needed to create legal descriptions and actual lot dimensions for the purpose of development and sale of property. Mr. Pearson mentioned that one of the previously approved variances has been eliminated and there is currently 4 variances for this plat. It was also mentioned that Outlot A is no longer a separate piece and is part of Lot 14, Block 2. MOTION by Droste to recommend approval of the Final Plat for Shannon Meadows Additions to the City Council subject to the revised conditions: (1) incorporation of recommendations relative to grading, utilities and easements identified by the Public Works Department; (2) payment of required fees including Storm Water Trunk Area Charges of$2,000 per acre, G.I.S. fees of$50 per lot, Park dedication in the amount of$760 per lot; (3) three driveways (2 on Shannon Parkway and 1 on 145th Street) shall be closed and replaced with B618 concrete curb and gutter at the Developer's expense; (4) the gravel driveway on that portion of Lot 14, Block 2, that fronts 145th Street shall be removed, restored and sodded at the Developer's expense; and (5) execution of a development agreement to Regular Planning Commission Meeting Proceedings April 23,1996 Page 7 secure the public improvements. Seconded by Tentinger. Ayes: Droste, Shoe-Corrigan, McDermott, DeBettignies and Tentiner. Nays: 0. Motion passes 5-0. ' _,11. ,._ • _ flat) , 1 no lo li : 1 • 1 1_r' in - Ii • • Chairperson \l roste opened the public hearing scheduled at this time to -ar public testimony regarding the application c f Splatball Indoors/The Adventure Zone for an Inte • se Permit to allow a `commercial outdoor recreational use in the General Industrial distri . The recording secretary has placed the Affidavit of Publication and Affidavits of Mailing and P.sting of Public Hearing Notice on file with the City. \, Assistant Planner Pearson related that Jim Nordberg, owner .' Splatball Indoors, purchased The Adventure Zone in 1995'find is requesting an Interim Use P-rmit to allow a commercial outdoor recreational use in the General Industrial district. Mr. Pe. son mentioned that all of the non-conforming issues that forced the termination of the previous Inte • Use Permit has been corrected. On-site inspections have shown that the site has been cleaned a p, the illegal trailer has been removed, the driveway entrance has been improved with paveme , the drainage has been restored with a culvert and the parking area has been regraded and crushed ro•k imported for a parking surface. Mr. Pearson also stated that Mr. Nordberg has no objections to th; proposed conditions on the Interim Use Permit. \ . Cathy Busho, 12605 South Robert Trail, requ sted that the Commission add a condition to require the owner to post a sign at the front entrance of e facility stating the hours of operation. There being no further comments from th; audience, MOTION by Shoe-Corrigan to close the public hearing. Seconded by DeBettignies. Ay= : Shoe-Corrigan,McDermott,DeBettignies, Tentinger and Droste. Nays: 0. Motion passes 5-0. \\ MOTION by DeBettignies to reco , end that the City Council renew the Interim Use Permit for Splatball Indoor/The Adventure Z. e for 1996 ands 1997 subject to the ten conditions previously specified by Resolution 1995-19 d an added condition that a sign be posted at the front entrance of the facility stating the hours of operation. Seconded by Shoe-Corrigan. Ayes: McDermott, DeBettignies, Tentinger, Droste and Shoe-C•rrigan. Nays: 0. Motion passes 5-0. I tic earin' • Lo • ,vera.e in en• , l In 1 u t 'al Di trict - Z I n'n' ex Amendment ' Chairperson Droste o►ened the public hearing scheduled at this ti a to hear public testimony regarding the proposed zonin. ext amendment for lot coverage in the Generndustrial district. The recording secretary has plac-a the Affidavit of Publication and Affidavit of Posti7 of Public Hearing Notice on file with the City Assistant Planner Pearson stated that this item was discussed at the March 12, 1996 Planning Commission meeting. At that time, the Commissioners suggested revisions to the proposed amendment and requested that this item be scheduled for a public hearing. Mr. Pearson stated that this proposed .