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Home My WebLink About5.f. Shannon Hills 2nd Addition Final Plat � r CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4 , 1990 AGENDA ITEM: AGENDA SECTION: SHANNON HILLS 2ND ADDITION FINAL PLAT OLD BUSINESS PREPARED BY: AGEND�NO� � Michael Wozniak, City Planner E � � Steve Fiterman, Developer of the Shannon Hills Planned Unit Development (PUD) has submitted a final plat for Shannon Hills 2nd Addition to be considered by City Council. Attached with this Executive Summary is a copy of the final plat, Development Contract and a copy of a resolution authorizing approval of the final plat. This second phase of Shannon Hills will entail platting of 40 residential lots. The plat as submitted does not conform to the original Shannon Hills phasing plan. Also, the plat does not include dedication of the 0. 62 acre of park land required as part of Shannon Hills phase II as indicated in the Shannon Hills PUD Agreement. Inconjunction with a discussion regarding neighborhood concerns over management of Carroll ' s Woods City Park the City Council at its August 7th meeting indicated a preference that the park dedication to have been received in phase II be deferred until platting of Shannon Hills 3rd Addition and that the Planned Unit Development Agreement be modified accordingly. The Planning Commission at its August 28th meeting recommended that City Council approve an Addendum to the Shannon Hills Planned Unit Development and Master Subdivision Agreement modifying phasing and park dedication requirements. Approval of this Addendum creates consistency between the plat and the PUD. The Shannon Hills 2nd Addition final plat meets all zoning and subdivision requirements with the exception of requirement of 80 ' of street frontage which was varied to 75 ' as part of the PUD approval by Council. The Planning Commission at its August 28th meeting recommended approval of the Shannon Hills 2nd Addition final plat subject to an executed Subdivision Development Contract. RECOMMENDED ACTION: A motion to approve Approved by� A RESOLUTION GIVING APPROVAL TO THE SHANNON HILLS 2ND ADDITION FINAL PLAT; and to approve the Subdivision Development Contract. COUNCIL ACTION: Adopted resolution. � ( � � SNANIl�DiV HtLLS ZND ADDITtOiV � IE.sf/�r f�GY/(LOf 4, 5!/.iNNON !//ClS -� . . �. � �I . � v.�/�I2✓!/J/� . . I .. I �` YIY�'�I . . '_� "ii_ �.i�_ �ii_ �"ia.� - _ � �159/.38 � nn.r\ . �r�.w�ii '"'}i�i...r�i ic yi . -,i-:.::r,� `i--�.::�'' 'd.'.:.- -s \ i ��` � ' � .1 �� . . . . '��1 t��i Y�1 11 ��X 10 T�1 9 A 11 � x��j 7 ''� 6 `�t� $ •"��'/'; . t ie '� ki�' �t Ei i k1� Y�i- ti�° t�� t'� ~t��;i , r. �` �� '� - - '-1'-'--�' t'," -�... ._4;-��,, r,;'�",�;,.�` t� \, . . . _�! q _`C096LEK^_ __" `AVENH{ _J_li �,'�•�s,� 4,�d 1 ti � T� l. �� ; � . . . ,. �.. �-a 1 '_.I�,,, .:...-... 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'UJ�v � - cwar,vacr�Nn unt�rr � EASEMENTS ME SNAVN TIIUS: � �/ �� . �N�� . .�p i I . —'_�� NORIN � . , �� %/ a ' . „ �OU/Ji IZY �=,:'�:.5 I:+�I %Ll!/?U I�R I�IJ/�;T;✓/J , ��` -- ��,..., w �'' -------�'----...:_._.'�---..__. Tlar ro,i l%x o/'!X/TLOT Fl,SIaANNUN N/LCS uve o fmr! a 'SUJ4'39�W � P /on��no�ki�6 ��e ,N �••r be%n S ia!�n w,dlh,unlror alhc�w�ie �+�\ i� ��'\F � is oscumrd /o/ �q � . Denolrs/r inrb 6y/l inc�i i.an.non4m nf se „ .. . ,» ._ ' r �nJ�o(td aid od�u�nmQ lol Hnes md . I ,. ♦�� . � . � � ryiffv�ion no IOB�JI ��.GALE � I1Nf,N•lao per:r f0(2e�inw/dif�.nnd n�fAnuny�cl�rrl � � I . . �. . . •[�IONf_[P .�' ' _— � . . . . . . �. , . . ' CITY OF ROSEMOUNT ; DAKOTA COUNTY, MINNESOTA � t RESOLUTION 1990- A RESOLUTION APPROVING THE SHANNON HILL5 2ND ADDITION FINAL PLAT WHEREA5, the City of Rosemount has approved the Shannon Hills Preliminary Plat/Planned Unit Development Plan. WHEREAS, the Planning Commission of the City of Rosemount has recommended approval of the Shannon Hills 2nd Addition final plat. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Shannon Hills 2nd Addition final plat subject to an executed Development Contract. ADOPTED this 4th day of September, 1990 . Vernon J. Napper, Mayor ATTEST: Susan M. Johnson, City Clerk Motion by: Seconded by: Voted in favor• Voted against• . 1 .. , . Development Contract Shannon Hifls 2nd Addition AGREEMENT dated , 1990, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and GROUND DEVELOPMENT, INC., a Minnesota corporation, (the "Developer"). 1. Request for Plat Approval. The Deweloper has asked the City to approve a plat of land to be known as SHANNON HILLS 2ND ADDITION, (also referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Condition of Plat Approval. The City hereby approves the plat : on condition that the Developer enter into this Contract and furnish the security required by it. 3. P.U.D. Approval. The City approved the Shannon Hills Planned Unit Development in an agreement dated August 29, 1989. Except to the extent specifically modified by this agreement, that agreement, as may be modified from time to time, is incorporated herein and shall govern the development of this plat. 4. Phased Development. The City may refuse to approve final 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. M � • , 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 ame�dment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, . notwithstanding anything in this 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. 6. Development Pians. The plat shall be developed in accordance with the following plans. The plans s�all 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--S�il Erosion Control Plan and Schedule Plan C--Engineering Feasibility Report Plan D--Plans and Specifications for Public Improvements Plan E--Grading Plan Plan F--House Pad Elevations Plan G--Street Lights 7. Instatlation of Public Improvements. The City shall design and construct the following public improvements within the plat: A. Watermain B. Sanitary sewer C. Storm sewer D. Streets, curb and gutter 2 � , . E. Street lights F. Bituminous trails The Developer shall be required to complete all site grading prior to the installation of public improvements. Temporary cul-de-sacs shall be installed at all locations where streets temporarily dead end, whether due to phasing within the development or where future extensions are proposed outside of ' the development. Barriers shall be provided by the Developer for temporary dead ends on streets (to meet MnDOT sign standards): 8. Private Improvements. The Developer shall install in accordance with City ordinances and standards and pay for the following in accordan e with the referenced completion dates: A. Site Grading (completed by , 19� B. Surveying and Staking C. Setting of Lot and Block Monuments (completed before first sale of a lot by the Developer) D. Gas, Electric, Phone Utilities and Cable Television, if cable television is available to the plat. E. Street Signs (completed before first sale of a lot by the Developer) 9. 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 Engineer prior to the awarding of the contract by the City for installation of utilities. Developer shall furnish the City Engineer satisfactory proof of payment for the site grading work and shalT submit a certificate survey of the development to the City after site grading, with street and lot grades, prior to the awarding of the contract of installation of utilities. 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. 3 . . . 10. License. The Developer hereby grants the City, its agents, employees, of ficers 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. 11. 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 forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast- growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc anchored as necessary for seed retention. The parties recognize that time is 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. 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. 12. Landscaping and Seeding. The Developer shall install all plant materials within the plat as specified in the Shannon Hills preliminary plat/Planned Unit Development Plan and the Developer shall also seed or sod the boulevards, all at its own cost. 4 � 13. Clean up. The Developer shall clean dirt and debris from streets that has resulxed from construction work by the Developer, its agents or assigns, within 24 hours after notice by the City. 14. Ownership of Improvements. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property without further notice or action. 15. Assessment of Costs. The City shall assess the cost of the public improvements referred to in Paragraph 7 above together with administrative, planning,-engineering, capitalized interest, legal and bonding costs against the plat. The assessments shall be deemed adopted on the date this Contract is signed by the City. The assessments shall be paid over a 5- year period without deferment, together with interest at a rate set by the City. Before th� City issues a Certificate of Occupancy for a structure built on a lot, all of the aforementioned assessments against the lot must be paid in full. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 16. Security. The Developer shall furnish the City with an irrevocable letter of credit for $286,200.00. The amount was calculated as follows: � 60% of estimated principal amount of special assessment for public improvements. $286,200.00 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, 1993. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31, 1993, unless sixty (60) days prior to an 5 T e • � expiration date the bank notifies the City that it elects not xo renew for an additional period. The letter of credit shall secure compliance with the terms of this Contra::t, payment of special assessments and all financial 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 hefore December 31, 1993. 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. The City will reduce the letter of credit upon written request of the developer as special assessments are paid and other obligations of this contract are met, but, no more than twice a year. 17. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year 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. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer shall post maintenance bonds or other security acceptable to the City to secure the warranties. 18. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the 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. 6 r, , • � � . . . � . 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 reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorney's 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 obligation of the Developer, Ground Development, Inc., 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 work and construction including, but 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 8% 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 availabitity charges ("S.A.C."), city water connection charges, city sewer connection charges and building permit fees. G. The Develaper represents any taxes or assessments on the property subject to this Agreement that are not deferred under Minnesota Statutes Annotated 273.111 (commonly called Green Acres). The Developer agrees that it will not make application for deferred taxes or assessments under Minnesota Statutes Annotated 273.11L 7 v, . • � H. The Developer shall make a cash contribution to the City of $16,000.00 to cover park dedication requirements for the plat before the City releases hardshell copies of the plat. 19. Building Permits. No building permits shall be issued untiL• A. The site grading has been comp'�ted and approved by the City. B. The City has entered �nto a contract for the improvements listed in paragraph 7 of this Agreement. C. The City Engineer has certified that the timetable for construction of public improvements is compatible with private home construction. 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 Engineer. 20. 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. 21. Miscellaneous. A. The Developer represents to the City that the plat complies 8 t. . . • � with all city, county, metropolitan,: state and federal laws and regulations inclnding, 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 puslic improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. 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. F. The action or inaction af 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 9 . f. , ' `r�• � � environmental impact statement is not required. If the City or another governmental entity or agency determines that such a review is needed, however, the Devetoper shall prepare it in compliance with legal requirements so issued from the agency. The Developer shall reimburse the City for all expenses, including staf f 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 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 22. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agenxs, or mailed to the Developer by registered mail at the following address: 1550 Utica Avenue South, Minneapolis, MN 55416. Notices to the City shall be in writing and shall be either hand delivered to the City Admiaistrator, 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, Rosemouat, Minnesota 55068, Attention: Administrator. 10 , . . � '< � � � CITY OF ROSEMOUNT BY: Vernon J. Napper, Mayor BY: Stephan Jilk, City Administrator GROUND DEVELOPMENT, INC. BY: Its President STATE OF MINNESOTA) ) ss COUNTY OF DAKOTA ) The f�regoing instrument was acknowledged before me this day of , 1990, by Vernon J. Napper, Mayor, and Stephan Jilk, City Administrator, 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 OFDAKOTA ) The foregoing instrument was acknowledged before me this day of , 1990, by Steven Fiterman, President, Ground Development, Inc. Notary Public 11