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Home My WebLink About10G Approval of Resolution Extending Deadline for Recording Final Plat, Dev Contract and PUD Amendment for Jeffers Waterfront Additiono� FRto�P U u 4646 Dakota Street SE NNFiSO Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: APRIL 4, 2011 AGENDA #: 10G PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE DEADLINE FOR RECORDING THE FINAL PLAT, DEVELOPMENT CONTRACT, AND PUD AMENDMENT FOR JEFFERS WATERFRONT ADDITION DISCUSSION: Introduction The purpose of this agenda item is to consider a request by Mattamy Homes to extend the deadline for recording the final plat, Development Contract, and major PUD Amendment for Jeffers Waterfront Addition. The site is located within the Jeffers Pond Development, south of CSAH 42 and east of McKenna Road. This item would have been placed upon the Consent Agenda, but the developer is seeking a one -year extension and the staff is recommending 60 days. History On February 7, 2011 the City Council approved Resolution 11 -020 and Resolution 11 -021 approving the final plat, Development Contract, and major PUD Amendment for Jeffers Waterfront Addition. This development involves the platting of 64 townhome units. Current Circumstances A condition of approval of the final plat and Development Contract required the plat and Development Contract be recorded within 60 days of approval, or by April 7, 2011. Section 1002 of the Subdivision Ordinance states the plat and Development Contract shall be considered null and void if not recorded within the prescribed time, unless a request for a time extension is submitted in writing and approved by the City Council prior to the expiration date. On March 29, 2011, the City staff received the attached email from Mattamy Homes, the current property owner, requesting an extension of the deadline for recording the final plat, development contract, and major PUD Amendment for Jeffers Waterfront Addition for a period of one year. Conclusion Under the terms of the Development Contract, Mattamy Homes is attempting to secure a Letter of Credit from a bank within the 7- county Metropolitan Area or other acceptable financial institution. The final plat and Development Contract will be released to Mattamy Homes for recording at the Scott County Recorder's Office once an acceptable security is submitted to the City. While Mattamy Homes has requested a one (1) year extension, City Staff believes the request to extend the recording deadline for a period of sixty (60) days appears reasonable for acquiring an acceptable letter of credit. Mattamy Homes may request additional extensions if another 60 days pass and they require additional time to secure the letter of credit. ISSUES: The purpose of the recording deadline is to keep the development process moving forward and to provide prospective sellers information concerning platting and zoning restrictions. The extension of this deadline will allow the property owner to delay recording, so that they may submit to the City an acceptable letter of credit or other type security from a financial institution. If the property owner fails to meet this extended deadline, the final plat, development contract, and PUD amendment approval will become null and void. FINANCIAL This action has no direct financial impact; however, the successful IMPACT: marketing of the development will result in the construction of additional housing units within the City. ALTERNATIVES: The City Council has four alternatives: 1. Adopt a resolution approving the request to extend the recording deadline for sixty (60) days, until June 7, 2011. 2. Adopt a resolution extending the recording deadline for one (1) year, as requested by Mattamy Homes. 3. Adopt a resolution extending the recording deadline for a time period the City Council deems appropriate. 4. Deny the request and direct the staff to prepare a resolution denying the requested extension. RECOMMENDED Staff recommends Alternative #1. A motion and second adopting MOTION: Resolution #11 -xx approving an extension of the deadline for recording the final plat, development contract, and major PUD Amendment for Jeffers Waterfront Addition to June 7, 2011. 2 Deviswcrl h..• PLO U 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 11 -xxx RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARDIZED PROFESSIONAL SERVICES CONTRACT FOR THE ARCADIA AVENUE AND COUNTY ROAD 21 INTERSECTION APPRAISALS Motion By: Second By: WHEREAS, The 2011 -2015 Capital Improvement Program identifies improvement of the County Road 21 and Arcadia Avenue Intersection Improvement Project for Construction in 2011; and WHEREAS, In order to allow for construction in 2011 it is necessary to begin certain phases of design at this time; and WHEREAS, The County Road 21 extension to TH 169 is expected to open late in 2011 and traffic volumes on County Road 21 in downtown Prior Lake are expected nearly triple over the next 20 -30 years impacting downtown accessibility; and WHEREAS, The City does not have the in -house expertise or resources to design and oversee construction of the improvements in 2011; and, WHEREAS, On December 6, 2010 the City Council approved Resolution 10 -118 approving a contract with WSB & Associates for design and construction services: and WHEREAS, The City needs professional appraisal services to complete the project easement and right of way acquisition; and WHEREAS, The City solicited quotes from Patchin, Messner and Dodd (PSD) and WSB & Associates to complete these services. 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 Mayor and City Manager are authorized to execute the City's Standardized Professional Services Agreement with Patchin, Messner and Dodd in an amount not to exceed $34,500 on behalf of the City. 3. The original Professional Services Contract (Res. 10 -118) with WSB is amended to include $10,034 in appraisal and right of way mapping services. 4. Funding for these engineering services will be drawn from the Account #501 - 48372 -502. PASSED AND ADOPTED THIS 4TH DAY OF APRIL 2011. YES NO Mys er Myser Erickson Erickson Hedberg Hedber Keeney Keene Soukup Souku Frank Boyles, City Manager Charlotte Green From: timbercrest @ymail.com Sent: Wednesday, March 30, 2011 8:56 AM To: Jeff Matzke Subject: Re: Jeffers Waterfront LOC (URGENT) I would like a one year extension Sent from my HTC on the Now Network from Sprint! - - - -- Reply message - - - -- From: "Jeff Matzke" < jmatzke&cityfpriorlake.com > Date: Wed, Mar 30, 20117:19 am Subject: Jeffers Waterfront LOC (URGENT) To: < timbercrest&ymail.com > Cc: "Danette Parr" < dparr(kcityofpriorlake.com >, "Frank Boyles" < FBo yles@CityofPRIORLAKE.com Tom, Your request below does not specify a time period. Accordingly to City policy, your request email will be included in the agenda report for the extension request. It would be beneficial for you to attend the meeting on Monday at 6pm in case the City Council has any questions related to the extension request. Jeff Matzke Planner Community Development & Natural Resources Dept. City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 phone (952) 447 -9814 fax (952) 447 -4245 Email imatzke[u�cityofgriorlake.com Think Green. A Please don't print this e-mail unless you really need to. Thank you. From: timbercrest @ymail.com [mailto:timbercrestC&ymail.coml Sent: Tuesday, March 29, 20117:49 PM To: Jeff Matzke Subject: Re: Jeffers Waterfront LOC (URGENT) The reason is because mattamy's bank is ready to invest prior lake Mn. Sent from my HTC on the Now Network from Sprint! - - - -- Reply message - - - -- From: "Jeff Matzke" < jmatzke e ,cityofpriorlake.com > Date: Tue, Mar 29, 20112:56 pm Subject: Jeffers Waterfront LOC (URGENT) To: <timbercresta.vmail.com> Tom, Per your voicemail, I am getting a previous agreement which identifies the escrow security release details for you to review. Per ordinance procedure, I need your request for the plat recording extension to detail the reason for the extension and a requested time for the extension. Jeff Matzke Planner Community Development & Natural Resources Dept. City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 phone (952) 447 -9810 fax (952) 447 -4245 Email jmatzkeCa�cityofpriorlake.com Think Green. A Please don't print this e-mail unless you really need to. Thank you. From: timbercrestCaaymail.com Imailto :timbercrestCa)ymail.coml Sent: Tuesday, March 29, 2011 1:18 PM To: Jeff Matzke Subject: Re: Jeffers Waterfront LOC (URGENT) I would like to have the final plat time extended. Please have it put on Mondays agenda Sent from my HTC on the Now Network from Sprint! - - - -- Reply message - - - -- From: "Jeff Matzke" < jmatzkencityofpriorlake.com > Date: Tue, Mar 29, 2011 10:04 am Subject: Jeffers Waterfront LOC (URGENT) To: < TimberCrestna.ymail.com > Cc: "Danette Parr" < ArP ncityofpriorlake.com >, "Suesan L. Pace" < space@nilanjohnson.com >, "Frank Boyles" < FBoyles(kCityofPRIORLAKE.com > Tom, I spoke with the City Manager about your request for the LOC issued from a non -local bank. He had talked with the Mayor and City Attorney regarding the possibility of accepting a LOC from a non -local bank and they confirmed the City would only accept a LOC from a bank with a branch in the 7- county Twin Cities metro area. If Mattamy Homes needed more time to submit a LOC from a local bank then you may request to City Council to approve an extension of the recording deadline passed April 7, 2011. This request must be issued ASAP as the agenda for the City Council meeting next Monday will be final tomorrow, Wednesday March 30 I will need a request in writing from you via email or letter with specifics as to the reason for the extension request. Also specify the length of time requested (30 days, 60 days). Another option would be to issue the City a certified check for the $548,922.00 security amount. Which could be replaced by an acceptable LOC in the future. If the City Council does not extend the deadline and an acceptable LOC is not presented to the City, the City will not release the plat and Development Contract for recording. These documents must be recorded by the developer by April 7, 2011 or the plat will become null and void.