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HomeMy WebLinkAbout5D - Belmont Estates, Berens Woods, Enclave @ Cleary Lake, Jeffers Pond 2nd, Wilds Ridge North MEETING DATE: JANUARY 5, 2009 AGENDA #: SD PREPARED BY: LARRY POPPLER, ASSISTANT CITY ENGINEER AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTIONS ACCEPTING THE IMPROVEMENTS FOR THE BELMONT ESTATES, BERENS WOODS, ENCLAVE AT CLEARY, JEFFERS POND SECOND ADDITION, AND WILDS RIDGE NORTH DEVELOPMENTS DISCUSSION: Introduction The purpose of this agenda item is to consider individual resolutions accepting the developer installed improvements for the following developments: . Belmont Estates · Berens Woods · Enclave at Cleary . Jeffers Pond Second . Wilds Ridge North This action is housekeeping in nature as the staff has already accepted the improvements specified in the development contracts as noted below. Historv Belmont Estates Belmont Estates is located in the Spring Lake Estates development north of County Road 12 and west of County Road 81. On December S, 200S, the City Council adopted Resolution OS-188 entering into a Development Contract with Arcon Development for Belmont Estates. The Development Contract was later assigned to Toll Brothers on January 3, 2006. Since that City Council action, the developer has been completing the construction of the improvements as outlined in the Development Contract. The Development Contract and approved construction drawings outline the necessary developer installed improvements as well as other items needed for this development to be accepted by the City. Berens Woods Berens Woods is located in the Spring Lake Estates development north of County Road 12 and west of County Road 81. On December S, 200S, the City Council adopted resolution 05-187 entering into a Development Contract with Arcon Development for Berens Woods. The Development Contract was later assigned to Toll Brothers on January 3,2006. Since that City Council action, the developer has been completing the construction of the improvements as outlined in the Development Contract. The Development Contract and approved construction drawings outline the necessary developer installed improvements as well as other items needed for this development to be accepted by the City www.cityofpriorlake.com \CGunc1f\2C:09 OOWM~0.i4g. W.~n;.er1f~~5~41$~t4~dl5 Enclave at Clearv The Enclave at Cleary is located west of County Road 87 and south of County Road 21 near the Cleary Lake Regional Park. On May 1, 2006, the City Council adopted Resolution 06-058 entering into a Development Contract with Pulte Homes for the Enclave at Cleary development. Since that City Council action, the developer has been completing the construction of the improvements as outlined in the Development Contract. The Development Contract and approved construction drawings outline the necessary developer installed improvements as well as other items needed for this development to be accepted by the City. .!f!ffers Pond Second Jeffers Pond Second Addition is located west of County Road 21 and south of County Road 42 within the Jeffers Pond Development. On August 7, 2006, the City Council adopted Resolution 06-127 entering into a Development Contract with Wensmann Realty, Inc. for the Jeffers Pond Second Addition development. Since that City Council action, the developer has been completing the construction of the improvements as outlined in the Development Contract. The Development Contract and approved construction drawings outline the necessary developer installed improvements as well as other items needed for this development to be accepted by the City. Wilds Ridae North Wilds Ridge North is located west of County Road 21 and south of County Road 42. On November 7, 2005, the City Council adopted Resolution 05-181 entering into a Development Contract with Shamrock Development for the Wilds Ridge North development. On June 5' 2006, the developer and City signed Amendment Number 1 to the Development Contract. Since these City Council actions, the developer has been completing the construction of the improvements as outlined in the Development Contract. The Development Contract and approved construction drawings outline the necessary developer installed improvements as well as other items needed for this development to be accepted by the City. The Development Contract for each of these developments details the mechanisms for City acceptance. In 2005, the City amended the Standard Development Contract to include City Council authorization to accept the improvements in addition to the final written acceptance by the City Engineer. Current Circumstances The developers for each of the projects described above have now completed the improvements as outlined in the Development Contracts. The improvements have been inspected by the City and have been found to be in compliance with City standards and the approved drawings. In some cases minor field changes were necessary during construction. These improvements including any field adjustments were documented in the completed as-built drawings. These as- built drawings were completed by the developer and reviewed by the City. The property iron certification letter has been received by the City. Conclusion The City Engineer has reviewed the improvements and has written the acceptance letter for these developments. It is now appropriate for the City Council to accept the improvements for these developments. C5 FINANCIAL IMPACT: R.'Counc!i\2009 Once the improvements are accepted and at the conclusion of a successful warranty period, the public improvements will then be turned over to the City and the security for the development returned to the developer. It will then be the responsibility of the City to perform maintenance over the public improvements and take over operational costs for the street lighting on the project. Belmont Estates An escrow in the amount of $73,236.00 for consulting and construction inspection was received by the City for this development. These dollars have been reserved in the Developers Agreement Special Revenue fund for payment. Any remaining escrow funds intended for construction inspection will be returned to the developer at the conclusion of a successful warranty period (1 year). An escrow in the amount of $22,000 was established to cover the costs for the design of a future lift station that will serve the western most lots in Belmont Estates. These lots are currently served by temporary gravity sewer to the east. These dollars have been reserved in the Trunk Utility Fund for the future lift station design. On unused funds will be released to the developer. Oversizing for watermain and raw watermain construction was paid by the City to the developer through the Development Contract. The costs for these improvements have been reconciled with the Developer through the Development Contract and no additional compensation is necessary. Berens Woods An escrow in the amount of $8,182.00 for consulting and construction inspection was received by the City for this development. These dollars have been reserved in the Developers Agreement Special Revenue fund for payment. Any remaining funds escrowed for construction inspection will be returned to the developer at the conclusion of a successful warranty period (1 year). Enc/ave At C/earv An escrow in the amount of $131,351.00 for consulting and construction inspection was received by the City for this development. These dollars have been reserved in the Developers Agreement Special Revenue fund for payment. Any remaining funds escrowed for construction inspection will be returned to the developer at the conclusion of a successful warranty period (1 year). An escrow was received in the amount of $26,000.00 by the City for design fees associated with the construction of a lift station. These dollars have been reserved for payment of the improvements. The installation of the lift station has been completed at a final design cost utilized the entire escrow amount. Therefore no reimbursement will be made. Oversizing for trail construction was paid by the City to the developer as provided for in the Development Contract. The costs for these improvements have been reconciled with the Developer through the Development Contract and no additional compensation is necessary. Jeffers Pond Second Addition An escrow in the amount of $7,468.00 for consulting and construction inspection was received by the City for this development. These dollars have been reserved 05 in the Developers Agreement Special Revenue fund for payment. Any remaining funds escrowed for construction inspection will be returned to the developer at the conclusion of a successful warranty period (1 year). Wilds Ridae North An escrow in the amount of $32,113.00 for consulting and construction inspection was received by the City for this development. These dollars have been reserved in the Developers Agreement Special Revenue fund for payment. Any remaining funds escrowed for construction inspection will be returned to the developer at the conclusion of a successful warranty period. Oversizing for watermain, McKenna Road, and pond access construction was paid by the City to the developer pursuant to provisions in the Development Contract and Amendment Number 1 of the Development Contract. The costs for these improvements have been reconciled with the Developer through the Development Contract and no additional compensation is necessary. An escrow in the amount of $32,000.00 for tree preservation was received by the City for this development. The developer contested the tree replacement on this project. The entire escrow amount was returned to the developer on December 15, 2006 after the City revised its tree preservation ordinance. ALTERNATIVES: The alternatives are as follows: 1. Approve the resolutions accepting the improvements for Belmont Estates, Berens Woods, Enclave at Cleary, Jeffers Pond Second Addition, and Wilds Ridge North as part of the consent agenda. 2. Table the Resolution for a specific reason. 3. Deny the Resolution. RECOMMENDED Alternative No.1 MOTION: I Revie1;jbY: } f.~ I Frank BOYIesVIn',ler Agenria 1;-r:f~'r-cvenlents. doc WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Motion By: Second By: On December 5, 200S, the City Council adopted resolution OS-188 which authorized the City to enter into a Development Contract with Arcon Development for the plat known as Belmont Estates; and On January 3, 2006 the Development Contract with Arcon Development was transferred to Toll Brothers; and The Development Contract outlined the improvements the developer was responsible for installing; and These improvements and all other Development Contract responsibilities are now complete to the satisfaction of the City; and The City has received the as-built drawings and property iron certification letter; and The City Engineer has reviewed the improvements and has written the acceptance letter for this development; and The City Engineer has determined that according to the Development Contract, the escrow for lift station design in this development was found to be more than the escrow calculation. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby accepts the improvements for the Belmont Estates development. 3. Any remaining escrow dollars for construction inspection will be returned to the developer at the conclusion of the successful warranty period. 4. The remaining escrow in the amount of $22,000 for future lift station design shall be reserved in the Trunk Utility Fund and amounts in excess of the City's actual costs incurred will be remitted to the developer. S. The oversizing amount for watermain and raw watermain construction was paid to the developer in accordance with the Development Contract. No further compensation to the developer is needed for this project. PASSED AND ADOPTED THIS STH DAY OF JANUARY 2009. YES NO I Haugen I Erickson I Hedber~ I LeMair I Millar HauQen Erickson Hedberg LeMair Millar www.cityofpriorlake.cci"Jank Boyles, City Manager Phone 952.447.9800 / Fax 952.447.4245 Motion By: Second By: WHEREAS, On December S, 2005, the City Council adopted resolution 05-187 which authorized the City to enter into a Development Contract with Arcon Development for the plat known as Belmont Estates; and WHEREAS, On January 3, 2006 the Development Contract with Arcon Development for Berens Woods was transferred to Toll Brothers; and WHEREAS, The Development Contract outlined the improvements the developer was responsible for installing; and WHEREAS, These improvements and all other Development Contract responsibilities are now complete to the satisfaction of the City; and WHEREAS, The City has received the as-built drawings and property iron certification letter; and WHEREAS, The City Engineer has reviewed the improvements and has written the acceptance letter for this development. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby accepts the improvements for the Berens Woods development. 3. Any remaining escrow dollars for construction inspection will be returned to the developer at the conclusion of the successful warranty period. PASSED AND ADOPTED THIS STH DAY OF JANUARY 2009. YES NO I Haugen I Erickson I HedberR I leMair I Millar Haugen Erickson Hedber9 leMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 ACCEPTING THE DEVELOPER INSTALLED IMPROVEMENTS FOR ENCLAVE AT CLEARY, CITY PROJECT #05-158 Motion By: Second By: WHEREAS, On May 1, 2006, the City Council adopted resolution 06-058 which authorized the City to enter into a Development Contract with Pulte Homes for the plat known as Enclave at Cleary; and WHEREAS, The Development Contract outlined improvements the developer was responsible for installing; and WHEREAS, These improvements and all other Development Contract responsibilities are now complete to the satisfaction of the City; and WHEREAS, The City has received the as-built drawings and property iron certification letter; and WHEREAS, The City Engineer has reviewed the improvements and has written the acceptance letter for this development; and WHEREAS, The City Engineer has determined that according to the Development Contract, the escrow for lift station design in this development utilized the entire escrow amount. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby accepts the improvements for the Enclave at Cleary development. 3. Any remaining escrow dollars for construction inspection will be returned to the developer at the conclusion of the successful warranty period. 4. The escrow for lift station design was fully utilized. No reimbursement of unused escrow dollars is needed on this project. 5. The oversizing amount for trail construction was paid to the developer in accordance with the Development Contract. No further compensation to the developer is needed for this project. PASSED AND ADOPTED THIS 5TH DAY OF JANUARY 2009. YES NO Haugen Erickson Hedber9 LeMair I Millar Haugen Erickson Hedberg LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 ACCEPTING THE DEVELOPER INSTALLED IMPROVEMENTS FOR JEFFERS POND SECOND ADDITION, CITY PROJECT #05-230 Motion By: Second By: WHEREAS, On August 7,2006, the City Council adopted resolution 06-127 which authorized the City to enter into a Development Contract with Wensmann Realty for the plat known as Jeffers Pond Second Addition; and WHEREAS, The Development Contract outlined improvements the developer was responsible for installing; and WHEREAS, These improvements and all other Development Contract responsibilities are now complete to the satisfaction of the City; and WHEREAS, The City has received the as-built drawings and property iron certification letter; and WHEREAS, The City Engineer has reviewed the improvements and has written the acceptance letter for this development. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby accepts the improvements for the Jeffers Pond Second Addition development. 3. Any remaining escrow dollars for construction inspection will be returned to the developer at the conclusion of the successful warranty period. PASSED AND ADOPTED THIS STH DAY OF JANUARY 2009. YES NO I Haugen I Erickson I Hedber9 LeMair Millar Hau~en Erickson Hedberg LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 Motion By: Second By: WHEREAS, On November 7,2005, the City Council adopted resolution 05-181 which authorized the City to enter into a Development Contract with Shamrock Development for the plat known as Wilds Ridge North; and WHEREAS, On June 5, 2006, the City and developer signed Amendment #1 to the Wilds Ridge North Development Contract; and WHEREAS, This Development Contract and Amendment outlined the improvements the developer was responsible for installing; and WHEREAS, These improvements and all other Development Contract responsibilities are now complete to the satisfaction of the City; and WHEREAS, The City has received the as-built drawings and property iron certification letter; and WHEREAS, The City Engineer has reviewed the improvements and has written the acceptance letter for this development; and WHEREAS, The City Engineer has determined that according to the Development Contract, the escrow for lift station design in this development utilized the entire escrow amount. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby accepts the improvements for the Wilds Ridge North development. 3. Any remaining escrow dollars for construction inspection will be returned to the developer at the conclusion of the successful warranty period. 4. The escrow for tree preservation was returned to the developer on December 15, 2006. No additional reimbursement of tree preservation escrow dollars is needed on this project. 5. The oversizing amount for watermain, McKenna Road street construction, and pond access was paid to the developer in accordance with the Development Contract. No further compensation to the developer is needed for this project. PASSED AND ADOPTED THIS STH DAY OF JANUARY 2009. YES NO Haugen Erickson Hedber9 leMalr Millar Haugen Erickson Hedberg leMalr Millar www.cityofpriorlake.cdiirank Boyles, City Manager Phone 952.447.9800 / Fax 952.447.4245