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Home My WebLink About8B - Regal Crest Plat MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT OCTOBER 1, 2001 8B JANE KANSIER, PLANNING COORDINATOR DONALD R. RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL PLAT AND AUTHORIZING EXECUTION OF A DEVELOPMENT CONTRACT FOR THE DEVELOPMENT TO BE KNOWN AS REGAL CREST History: On April 16, 2001, the City Council adopted Resolution 01- 46 approving the preliminary plat for Regal Crest. The preliminary plat consisted of25.58 acres to be developed with 74 townhouse units. The plat also included lots for the common open space. The final plat to be known as Regal Crest includes all of the area in the preliminary plat. The final plat includes 74 lots for the townhouses and 3 lots for the common area. There are two wetlands located within this site, with a total area of 1.24 acres. The plans indicate 22,651 square feet of wetland will be filled to allow the construction of ao,road. This area will be mitigated on site in accordance with the Wetlarid Conservation Act. The final plat also dedicates the right-of-way for three new public streets. Jeffers Pass is the major street and extends 1,450' from CSAH 21 to Jeffers Pass at the northwest comer of the site. The second street is Regal Pass, which is located on the north side of Jeffers Pass and extends 750' to the east property line. Since this street is currently a dead-end, a temporary cul'-de-sac will be provided at the east end of the street. This street provides future access to the property directly east of this site. The alignment, if extended, will eventually provide access to CSAH 21 across from Lords Street. Briarwood Lane is a 250' long north/south street located on the south side of Jeffers Pass, and extending to the south property line. The street also provides future access to the property to the south, and includes a temporary cul-de-sac. All of these streets are consistent with the approved preliminary plat. 1:\0 I files\O 1 subdivisions\final plat\regal crest\finalcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER " Current Circumstances: The principal requirements for final plat approval include a signed Development Contract with surety for the installation of utilities and streets and the satisfactory completion of all preliminary plat conditions. Staff has reviewed the final plat and finds it to be in substantial compliance with the approved preliminary plat. All of the conditions placed on the preliminary plat have been satisfied. The final plat is subject to six conditions, which will be satisfied prior to the release of the final plat documents. The Issues: The Development Contract specifies the required improvements for this plat. Sanitary sewer and watermain trunk area charges, storm water management fees and collector street fees are outlined in the Development Contract. The new dedication policy is applied to this development and includes a cash contribution of $124,690.00 (74 units X $1,685.00 per unit). The Council recently received a letter expressing concern with the location of the access point on CSAH 21. At the original public hearing, there was testimony about the access to this property from CSAH 21. Residents of the Wind song development on the east side of CSAH 21 were concerned that this access was not safe. The Scott County Highway Department reviewed this access in some detail. In the attached letter, dated February 26,2001, the County Highway Department has reiterated that this access meets or exceeds the minimum spacing and sight distance guidelines. The Highway Department has noted this access may not be ideal, but the County is required to provide reasonable access to this property. The Scott County Highway Department also reviewed the plans for the final plat. The attached comments, dated September 19,2001, do not indicate any concerns with the location of the access. The County has noted the existing driveway access to the property may only be used for maintenance of the wetland. This access must be gated, and may not be used for construction, once the new access is installed. There are very few alternative locations for the access onto CSAH 21. The best access point is across from Lords Street; however, the developer does not own this property. In order to extend the right-of- way from this site to CSAH 21, condemnation would be required. This would involve purchasing an existing dwelling. Rerouting Jeffer's Pass to the north would also require condemnation of property. This alignment would also disturb a great deal of the existing wetland on the site. 1:\01 files\O 1 subdivisions\final plat\regaJ crest\finalcc.doc Page 2 FISCAL IMP ACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: It must be noted that the City Council approved the location of the access as part of the preliminary plat. The developer has also received a grading permit and begun grading the site based on the approved design. rnnrlm:;nn. A copy of the Development Contract is attached to this report. Staff will be available to discuss the details of this Development Contract with the Council. RlJ(lgpf Tmpn('f. Approval of this final plat will allow construction of new dwellings, which will contribute to the City's tax base. The required development fees are deposited into the appropriate City accounts. The City Council has three alternatives: 1. Adopt a Resolution approving the final plat and Development Contract for Regal Crest. 2. Deny the Resolution approving the final plat. 3. Defer this item and provide staff with specific direction. Staff recommends alternative # 1. The following motion is required. 1:\01 files\O 1 subdivisions\final plat\regal crest\finalcc.doc Page 3 RESOLUTION o~ 1/1 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE FINAL PLAT OF "REGAL CREST" AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. MOTION BY: SECOND BY: WHEREAS: on April 16, 2001, the City Council approved the preliminary plat known as Regal Crest, subject to conditions identified by Resolution 01-46; and WHEREAS: the City Council has found that the final plat of "Regal Crest" is in substantial compliance with the approved preliminary plat for Regal Crest; and WHEREAS: the City Council has approved the final plat of "Regal Crest". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The final plat of "Regal Crest" is approved subject to the conditions set forth in this resolution. 2. The final plat of "Regal Crest" is subject to the following conditions, which shall be met prior to release of and recording of the final plat: a. A current title opinion or commitment of title insurance be submitted acceptable to the City Attorney. b. Payment of all fees prior to release of the final plat mylars. c. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and one reduction at no scale which fits onto an 81/2" x 11" sheet of paper. d. Four mylar sets of the final plat with all required signatures be submitted. e. The developer provide financial security, acceptable to the City Engineer prior to release of the final plat mylars. f. The final plat and all pertinent documents must be filed with Scott County within 60 days from the date of final plat approval. Failure to record the documents by December 1, 2001, will render the final plat null and void. Passed and adopted this 1st day of October, 2001. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska Frank Boyles, City Manager 1;\0] fiJes\O] subdivisions\finaI plat\regaI crest\resoJution.doc Page] 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT A NOTE: PRELIMINARY Sub ject to revision wilhou t notice. ... " c. ~~ ~ .'1 ;.. ^ v DI \ ~ 7 1 () 2- ). :;j / () ):'1 " .. ~ ;.. 0. ;.. ~ '" I I 1 I I \ : '------------1 I ____________.J I I I I I ~ '" : 7 NOO'S9'06'W ^ v 726,02 ~.s \ I (:;; I .fj I ::; '1 ~ ----_.-.. -- ---- ~------ -( 4~:r'~j- NIl''VS1.!:-' .!Z5.1Xl /1 _00 i'.ao z tUG i ~~ ; i .~:I' ~ .,:'" ~~ ~ ~ ~ :..~ % .. ::l '" ,.; ... ,.; F R --------(~JiaW'SI------1 B 8 B 8 ~.. ...... 77.7" + l: JEFrERS P ~SS " I.- ^ ~.., ... :;: l! 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I J (( I~ ,:~')~ ~...~ : ~ -... _1I:> .. ~ ~~ Il:;"~ I"s ~"'D"'Y -~~c~ .....~~ ~. ~~~.~~,~ '_:'~~~."":""""'l" ih'~~ ....: f~F' _\ \ ~~- 4' ~';:~-<~s,,>v~ ' '"'<' '. '~'.' ,Tr' j..J.J ' " .... ~ \~~~" " ". ',: (tp<\~ ,..", .,' i ,~ _/$~~ 0 -:c' ~.~ j_ " ;' H~ \JR1$;~W -.-, ~J~ \\\cill'JIr . ~l.:J '., ~ ~_ "" --;- $ " ,_ ' ,. 'pjjirfy;j;'" -~, " ' \'0~. \-, ~ T ....' I :\/ L' ',. " . -. - ~ ~ \'\"'!. . .lf~ ~J1':l:1: Y \-7- -;- 3:P,;;' \\\\'i ,lll ~~rt.\~/ f.:~\ . iEBft~ :'7:: L ~~.~ ;;W ~y; _... ~~'~~ I ~~ ~ ...I.I'\~":'''' ~ I ~ ~~!#lfJ L? MflII Ii"c -r-J I rr--,~-e,mfiJl'f!!: " "- -..:.. ..:.. -'- .c. =- , ... S b U 100 I o 100 200 Feet A .,. SCOTT COUNTY PUBLIC WORKS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (952) 496-8346 p:" :,.~,:: I '" _ ,\ ._,~;; Li r~- . : ~ :~.- . --'-'- . ~- 1 FEB 2 8 2001 U U! I -----_! BRADLEY J. LARSON PUBLIC WORKS DIRECfORl COUNTY HIGHWAY ENGINEER Fax: (952) 496-8365 February 26,2001 Jane Kansier City Planner City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Subject: Regal Crest Access Issues CSAH 21- East Side, North of CSAH 82 Dear Jane: I am writing do address concerns raised by local residents in regard to traffic safety with the Regal Crest development proposal adjacent to CSAH 21. Hopefully this will help the City, city residents, and developer understand the County's position on access to this development at this time. The main concern voiced to us in regard to this proposal is the location of access to CSAH 21 (across from Windsong Circle), because ofthe limited sight distance to the north. We conducted a study that indicated there is 590' of sight distance from the location of the proposed access on CSAH 21 to the north. The minimum required for a passenger vehicle to cross CSAH 21 at this location (from the east to the west) would be 525', at the current speed limit of 45 mEE. Although we agree that sight distance at this location is not ideal, it does exceed our minimum standard for sight distance used in determining whether or not a proposed access could create a safety hazard. Question also has been raised as to whether or not this access would be consistent with our minimum as;cess spacing guidelines. As we have discussed with the developer's engineer and the City, the proposed access would likely be a right-inJright-out access in the future, based on full.-moverp~n.!,_a<::cesses located 1'4 mile apart at Lord's Street and CSAH 82. Therefore, to nrooerlv reference the 2:uidelines, CSAH 21 is anti~ipated be a 4-lane divided highway, and the prop~sed ac~ess would be a":io~Vofume, Non-Continuous Street", The resulting access spacing is 1/8 mile with no median opening. ~'--_.._-- proposed access is more than 1/8 mile from both CSAH 82 and Lord's Stre.et. Another issue raised is the speed of southbound CSAH 21 traffic in the area of the proposed ac~~~ This segment of CSAH 21 has been designed and posted for 45 mph. We cannot responsibly analyze access proposals based on conditions created by speeding traffic: If there are concerns about high numbers of motorists exceeding the speed limit, local law enforcement should be informed so they can detern1ine how to address the issue, if necessary. Again, we realize that the location of this access may not be ideat But we are required to provide "reasonable" access to adjacent property. As we understand the current proposaL the PIQ12erty to be developed does not have fronta2:e on any other existing public street Based on this fact, and on ,!:he fact that the minimum sight distance necessary does exist at the proposed ~treet location, it is t~e___ An Equal Opportllnity/Safety Aware Emplover Jane Kansier Page 2 determination of the Highway Department that the proposed acc~ss to CS.:\H 21 is reasonable. That being said, we would fully support any additional effort made by the developer and/or the City to explore alternative locations for access to this development. We understand that this may not be easy, and would likely require coordination with adjacent property owners, but may be worth exploring. Please call me should you feel the County could be of further assistance with this. It was not my intention to wait until the last second to address these traffic safety issues, and we will continue to work to address these issues earlier in the development process with future development proposals. As discussed with the developer's engineer, and as noted in our original comments for Regal Crest, we will be requiring the installation of a right turn lane for southbound CSAH 21 traffic if the development is approved as proposed. Please call me with any questions, if the City needs additional information, or if you require further clarification on this issue. smc~ety~~~~ &orenson, P.E. Transportation Engineer Email: Brad Larson, County Public Works Director Craig Jenson, Transportation Planner C: Bud Osmundson, City Public Works Director Peter Knable, Terra Engineering Deno Howard, Prior Lake City Resident (1)'1 -t.x) w:\word\review\plats\O 1"'p1ats\prelim\PL _ RegalCrest2.doc ". '-~ . . --,.oo.o"o__"_______,.,o,.,__o--r-___,u_' 03/02/2001 FRI 11:58 FAX 9524968365 SCOTT COUNTY PUBLIC WORK ~002 , . Scott County Public Works Highway and Surveyor 600 Country Trail East Jordan, MN 55352 FAX Date: 3/2/01 Number of pages (including cover sheet) . 7 To: Deno Howard From: Brian Sorenson Company: Company: Scott County Public Works Department: Department: Highway Phone: Phone: (952) 496-8060 Fax phone: 952-447-0171 F ax phone: (952) 496-8365 C: E-Mail: bsorenson@Co.scott.mn.us REMARKS: 0 Urgent 0 For your review 0 Reply ASAP o Please comment [gJ As requested Deno - I have attached the following as requested: CSAH 21 Area Crash Query Resuhs Sight Distance Study Summary Sight Distance Reference Material (AASHTO Green Book, 1994) Current Minimum Access Spacing Guidelines (Appendix F, 1996 Transportation Plan) Draft Minimum Access Spacing Guidelines (Appendix E, 2000 Transportation Plan) The Draft Minimum Access Spacing Guidelines are from the Draft 2000 Transportation Plan. scheduled for County Board review and action in May 2001. This situation should not be affected by any changes in the guidelines. Based on a 4-lane divided anticipated cross-section, and designation of the proposed access as a low-volume non-continuous street, the guidelines yield a spacing of 1/8 mile. We understand that when the access is installed, this is not how it will operate. Please call me if you need any additional information or clarification. ~ W:\word\form\tax\brifax. doc 03/02/2001 FRI 11:58 FAX 9524968365 SCOTT COUNTY PUBLIC WORK CSAH 21 CRASH QUERY From Lord's Street to CSAH 82 I CRASH SEVERITY Personal Possible Property Crash Fatal Injury Injury Damage Rate* Lord's Street 911/98 - 12/31/98 0 0 0 0 0.00 1/1/99 - 12/31/99 0 0 0 0 0.00 1/1/00 - 12/13/00 0 0 0 0 0.00 Between Lord's Street and CSAH 82 9/1/98 -12/31/98 0 0 0 0 0.00 1/1/99 -12/31/99 0 0 0 0 0.00 1/1/00 - 12/13/00 0 0 0 0 0.00 CSAH 82** 9/1/98 - 12/31/98 0 0 0 4 2.85 1/1/99 - 12/31/99 0 3 2 0 1.09 1/1/00 - 12/13/00 0 1 0 2 0.56 *Crash Rate represents number of crashes per million entering vehicles. Intersection Crash Rate AveraQes: 2-Way Stop Control: 0.50 Signal Control: 1.00 **Includes crashes logged to CSAH 82 (at CSAH 21). x:\excel\traffic\accid ent\21-Windsong_ crash.xls 1aI003 v 3/2/01 ~~'--"_._._.._-'-~"-_._.__._-'-"'-_.".- 03/02/2001 FRI 11:59 FAX 9524968365 SCOTT COUNTY PUBLIC WORK ~004 Scott County Public Works Intersection Sight Distance Study CSAH 21 Proposed Public Street for REGAL CREST Development in Prior Lake Posted Speed: 45 MPH Design Speed: 45 MPH Measured Sioht Distance: 594' (Len Laxen, 2/21/01) SIGHT DISTANCE RECOMMENDATIONS (AASHTO, 1990) -Passenger vehicles, 45mph STOPPING SIGHT DISTANCE: 400' CASE IliA (Crossing Maneuver): 525' CASE 11I8 (Turning Left) and CASE me (Turning Right): 720' Case IIIB & IIIC recommendation is based on sight distance for a passenger vehicle to turn left or right onto a 2-lane highway and attain 85% of design speed without being overtaken from behind. This concern is mitigated in this case by having 2 southbound lanes available on CSAH 21. Southbound vehicles on CSAH 21 therefore have the ability to change lanes to pass vehicles that may have entered CSAH 21 from this proposed access. Brian Sorenson ~ Transportation Engineer 2/26/01 W:\word\permits\200 1 \sight_ dist\21_ RegalCrest. doc 03/02/2001 FRI 11:59 FAX 9524968365 At-Grade Intersections -:::. .' ~':':.'H . .. ">c. . "::".;. ........:,.. . . '.:l~~:~' . ~:.'.t, : ...::'..... ..:.~:~iJ.:.~:... .=o;~~';;' . I. 1.... . :I':.;:.~ I ..~:~~;.:. :..~!~~;.:.. ''-f;";::- . ';:~" ..-..... .:.. ". ";;/f ....~ (.~ ~'" SCOTT COUNTY PUBLIC WORK W i ..J I N <':>0 3!;w o OO:I:W '-c) ~w~5; 3!;z ~WO .-:c w .-3ia::Z "",u -I "'" 0..<':> "'0< ~ w z ~iii ...Ja: W ...J~ ~ <.:>0.. <.:I>"': zCIJW . ~~ ZZo..::s !5~~~~ ~ <c: ~"'" :I:jXa: :)~ lXeno:: 00 ~"'" C)< ~u :)<nc.:> WX .-~::! ~~<SC ..Jw W(J 0 W co '- W l.IJ u> d<w...J ...-o..w :;:", _ w uzmencn w........: :I:>-Vl ~';il ...- >cn::l ~;--: ~~~~ci cn<( OPt- ~~"w ~OlX a..r;'" CL. < '<::;w a:: C) W ~ a.. ~u::! o:~...J a:ol5S'" "'" < C Ow::l 0 i > a: z .........w ""'ZO "'" OL-C) _ ...- .c: a:: >- .... - u~~~ w-'''- w<c.:>J:cn ~..... uz' ~~ zQwo .-C;.- oe(~C) <ZwlX 1nS:u.. '-03:; .-c.:>ccw"'" - u Vl~:I: Vl J: .... 0 ow:i O~~ 0 ~~ x j:~~ t-.-o '-~O~:2 2o'~ GL..g: G..J~O inN.. _Wa.. - , - 0: 0 -- Vl...JC( VlN ~""'''' C)O Z.- ~O~O zw~w -WO'" ~Q..a:o.. :t:ClJQ..In QZ~z a::c.:> c.:> Zenwv; a:W-'W :)OuO '-~~2"': OO>O~ ~X<e:lX ~~>-~~ u~m_ ~~~g~ ~~I&J_ Q. ~a:: . o lXOO::OW ~~~~~ o VJ >- .- W~~C>"-Z ~ZWc.:> J:Lij..JC:;:; t-QCCWw ~:I:t-J:O ,0 W :) t- "'" .....ZO~O ::r:~~O:o..: Q'-lXlfl VlN~u..1lO , ~ U r\ '\ Ii\. .~. ~ " '" ~ ~ ~ .-. ~ ~~ "- r--... I- I.. ..... ... ...... r-... hr '-= ~ -.... ~ :::::::: ~ ...... .... ...::: - on a ." i on 0 "'10 ." 0 on 0 on 0 ." g '" 10 10 .... ... 00 00 '" on .. .. .., ~ <.:) z Vi In 0.....: ~~ wO: ..JO u~ :EO Ww >w Vl 0...... o:ci 00 ""'t; W u::s ~~ t-"", VI ->- 0< .-~ J:::I: c.:>o Vis: I oe( , ~ N I m .!- . co I C o ~ qj E . qj c o ...J . I - I m \,.o.~ ~- ~ ('1/WlI) 033dS N:)IS]O ~ o ~ o on .. g .. o 111 .., 8 .., ! ~ w ~. is y,':t ('of a ~ o ~ lQ G in ~ o ." o (gJ 005 715 ....:.. 2 - - CD (I) as o "'=' c as CD - - - CD (I) as o - c o ;; (J cu (I) ... CD - C - cu "C as ... C) I - as - ,as en cu u .C as - en - "C - .c C) - en s::: o :: u cu cn ... cu - c '-. . .,... o-=r I >< - C1) ... :::s C) u:: 03/02/2001 FRI 1~:01 F~ 9524968365 SCOTT COUNTY PUBLIC WORK ~006 ehicle length, allow the crossing to be made in two steps. The vehicle crosses le fIrst roadway, stops within the protected area of the median opening, and tlere awaits an opportunity to complete the second crossing step. For divided lighways with median widths less than L, the length of the design vehicle Figures IX-32 and IX-37), the median width should be included as part of the W value. Figure IX -37, the divided highway, shows each design vehicle and the nedian width that determines the number of steps for each crossing maneuver. ~ ~,~- II '" I 7 , , ' I 1/,;[1 A'I} ~~,:l.f" " ...' A.~' I i -;J. iii Ifll.Y VI)]' ~' #' (-.~ 'J ~ 100 r j~, \ rf fIr ,'Art: ~,/ -I. ~-r'.J 9-:' 95 i \. ..Ii/ I ~o/ / TJI j ... 1J~f1' iJ!' ,~' ~ 90 FIlii' 'All lb,'.~ ~-! ,.- " 15 ~ j r 1/ ,; ~/ ..,!' ~' / G eo _NO _'J --fl-.:T ~7 rl If', I.LJ~ .17' , f 7 1MSl'>>C IUD.1 '" 'I.... 'iT ,J A v' 1cF.' ....;I,~ " .: 7: ~I"j ltllll:" [;'i, J,' ~ ,,' o 'T :~ I" I 'T r7'" ' ~ ' j J l7 III, ",~' " " 65 . I I /1/... i,/" 1/"'''',' I 7 A/lrI,' /, , " , 7 ' III ,,' ' I I II I , ' , I / f I r/ II,,' , ' . I '/~ I v,,' I , , 1/ ' f 1 ' ;' , " ' J ~ I ~ /1 , , , : IV/ 'III. ',' " . ' . I ,1/11 ' , , ,". Du~n~~~rn~~_~_~~m~m*~-w ~"'< I.""~ d = DISTANCE ALONG' MAJOR HIGHWAY FROM INTERSECTION (m). 105 110 I 60 o 55 IU w Go. 50 '-'t d - O.28V(J+tal -..\ Design Vehicle Z 45 C) v; AO W C 35 ---------- p S.u. 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E E ~ ::> ::> ~~ i = o ~.2.2 EOJ:.2....1! >>000 >c:lDliiGldl UIII>>.:! o>oz=c", e,..",,..-o.coCD_lII- .. m'" III'" CD C1. "D c- III UJ="'5lB.9::E:rC~lDEa. J!!= 0 o. . a ~'"5E::I- o<(a:<( .u.sl-UJ z-=t'i..; .lticO"":lEi 19) 008 ~ '=, ~ a ~~ i~ ~~ o~ ... '" a ~ Q ~ SCOTT COUNTY PUBLIC WORKS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (952) 496-8346 BRADLEY J. LARSON PUBLIC WORKS DIRECTOR! COUNTY HIGHWAY ENGINEER Fax: (952) 496-8365 September 17, 2001 Jane Kansier City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 RE: Final Plat, Regal Crest CSAH 21 - North of CSAH 82 Dear Jane: We have reviewed the preliminary plat as it relates to Highway Department issues and offer the following comments or concerns: . -' . + An approved County access permit for Jeffers Pass and the right turn lane on CSAH 21 shall be required. + A County utility permit shall be required for any work within CSAH 21 right-of-way. + There is a gravel driveway access along CSAH 21 at the north end of the development. It is our understanding that this access shall be used only for maintenance of the wetland on tbis property. We will not permit use of this access for any other purpose besides maintenance of the wetland. To ensure this, the developer or city shall install a gate so that only maintenance workers will be able to use this access. This access should not be used during the construction of this development. Thank you for the opportunity to comment. If you have any questions, please feel free to contact me. Sincerely, /:~- ~~( ~ 'Craig Jenson Transportation Planner ,~ ~ "-. ; ;' An Equal Opportunity/Safety Aware Employer -~""--"""-'-"'-'-----'--""--_..'------,._.,----_.---~- DEVELOPMENT CONTRACT REGAL CREST PROJECT #01-34 AGREEMENT dated Qctober 1,2001, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Wensmann Realty, Inc. (the "Developer"). , , , 1. REOUEST FOR.PLATAPPROV AL. The Developer has asked the City to approve a Plat for Regal Crest (referred to in this Contract as the "Plat"). The land is legally described as shown on Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the Plat with the County Recorder or Registrar of Titles within 60 days after the City Council approves the final Plat. 3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Contract has been fully executed by both I: \01 files\OI subdivisions\final plat\regal crest\dev contract.doc 9/20/01 1 parties, 2) the necessary security, development fees and insurance have been received by the City, and 3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply to grading or other approvals set forth in Resolution No. 01-46, dated April 16, 2001, approving the Preliminary Plat for Regal Crest. 4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the City may refuse to approve final Plats of subsequent phases if the Developer has breached this Contract or the Resolution approving the Final Plat 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. Fees and charges collected by the City in connection with infrastructure and public improvements are not being imposed on outlots, if any, in the Plat that are designated in an approved preliminary Plat for future subdivision into lots and blocks. Such charges will be calculated and imposed whe~ ~l1e outlots ~ '~. . t;r..' ..-li,~ !.;' , ~~, r...~:. are subdivided into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the Plat is a phase of a multiphased' preliminary Plat, the Developer shall submit a Staging Plan for City Council approval which may allow the Developer more than one (1) year to subdivide the property into lots and blocks. 6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract, but are incorporated by reference and made a part of this Contract as if fully set forth herein. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A -- Final Plat Dated August 9, 2001 (Prepared by Pioneer Engineering) Plan B -- , Final Grading, Development, and Erosion Control Plan(s). The soil erosion plan must also be approved by the Prior Lake/Spring Lake I: \0 1 files\O 1 subdivisions\tinal plat\regal crest\dev contract.doc 2 9/20/01 Watershed District. Dated August 13, 2001 (Prepared by Pioneer Engineering) Plan C -- Tree Preservation and Replacement Plans and Landscaping Plan Dated August 9, 2001 (Prepared by Pioneer Engineering) Plan D -- One set of Plans and Specifications for Developer Improvements Dated October 1, 2001 (Prepared by Pioneer Engineering) Plan E -- Street Lighting Plan Dated August 13, 2001 (Prepared by MVEC) '7. DEVELOPER IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading and Ponding H. Underground Utilities i"I_.-" :",-,,':". 1. Setting of Iron Monuments J. Sidewalks and Trails K Landscaping The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction; the City's Public Works Design Manual and any other applicable City ordinances, all of which are incorporated herein by reference. The Developer shall submit plans and specifications which have been prepared by a Minnesota registered professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council and other agencies before proceeding with construction. The Developer, 1:\01 files\Olsubdivlsions\final plat\regal crest\dev contract.doc 9/20/01 3 its contractors and subcontractors, shall follow all instructions received from the City's authorized personnel. The Developer or his engineer shall schedule a preconstruction meeting with all parties concerned, including the City staff, to review the program for the construction work. Before the security for the completion of utilities is released, iron monuments must be installed in accordance with Minn. Stat. ~ 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 8. CONSTRUCTION OBSERVATION. a. The City's authorized personnel shall inspect the DEVELOPER IMPROVEMENTS in accordance with the Public Works Design Manual. Inspection services by the City shall include: 1. Inspection of required improvements which include grading; sanitary sewer, watermain, storm sewer/ponding and street system. 1,,./ j 2. Documentation of construction work and all testing of improveme:p.ts. -,...:., "...-....<... 3. As-built location dimensions for sanitary sewer, water~aW,~~Q)si9rm ./ -, _.,", .'1'" _.... .J'o-...~......~.... sewer facilities. 9. DEVELOPER SERVICES. The Developer shall be responsible for providing all other construction services including, but not limited to: a. Construction surveying b. As-built drawings of grading plans. c. As-built drawings showing location, dimensions and elevations of all utility improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Tie dimensions to sewer and water services from City staff or City consultants.) 1:\01 files\Olsubdivisions\final plat\regal crest\dev contract. doc 9/20/01 4 _~~.._.,___'_.., __'_'__"__'~""~'''.',_,_,____,"''_"_'''m_",'_'_M_._.,,, ,.... .._m.._~_'.'~___'_____"~__.'_'" d. Project Testing: The Developer is responsible through its testing company, at the Developer's cost, to provide testing to certify that Developer Improvements were completed in compliance with the approved [mal plans and specifications. The personnel performing the testing shall be certified by the Minnesota Department of Transportation. The City Engineer may require additional testing if in his opinion adequate testing is not being performed. The cost of additional testing is to be paid by the Developer. e. Lot corners and monuments 10. BOULEVARD AND AREA RESTORATION. The Developer shall seed or lay cultured sod in all boulevards within 30 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan. Upon request of the City Engineer, the Developer shall remove the silt fences after turf establishment. 11. SUBDIVISION MONUMENTS. The Developer shall install all subdivision monumentation within one' year from the date of recording the plat, or the monumentation shall be installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs first. At the end of the one year period from recording of the Plat, the Developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. 12. OCCUPANCY. A permanent Certificate of Occupancy shall not be issued for any building in the plat until water and sanitary sewer improvements have been installed and the streets have been completed and the first lift of bituminous has been placed and said improvements have been inspected and determined by the City to be available for use. I: \0 1 files\O 1 subdivisions\tinal plat\regal crest\dev contract.doc 9/20/01 5 13. TIME OF PERFORMANCE. The Developer shall install all required public improvements by July 15, 2002, with the exception of the fInal wear course of asphalt on streets. The [mal wear course on streets shall be installed the fIrst summer after the base layer of asphalt has been in place for one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be in writing and conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a non-revocable license to enter the Plat to perform all work and inspections deemed appropriate by the City in conjunction with Plat development. 15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if, in the City Engineer's opinion they are necessary ,to .meet l; erosion control objectives at no cost to the City. All areas disturbed by the excavation and:ba,ckfilling operations shall be reseeded forthwith after the completion of the work in that are~. ~~l.:e~~ed. ~~e_~ , 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 Developer does not comply with the erosion control plan' and schedule or supplementary instructions received from the City, the City may take such action as itdeems 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 and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed unless the Plat is in full compliance with the erosion control requirements. 1:\01 files\Olsubdivisions\final plat\regal crest\dev contract.doc 9/20/01 6 ,..,-'--_..,."~._--r-'---_.,.."., 16. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has resulted from construction work by the Developer or its agents. Prior to any construction in the Plat, the Developer shall identify in writing a responsible party for erosion control, street cleaning, and street sweepmg. 17. GRADING PLAN. The Plat shall be graded in accordance with the approved grading, development and erosion control plan(s), Plan "B". The plan shall conform to City of Prior Lake Public Works Design Manual. Before the City releases the security, the Developer shall provide the City with an "as built" grading plan and a certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. The" as built" plan shall include field verified elevations of the following: a) cross sections of ponds, b) location and elevations along all swales and ditches, and c) lot corners and house pads. The City may withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the Developer Improvements required by this Contract and final written acceptance by the City Engineer, the improvements lying within public easements shall become City property without further notice or action. 19. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City administration will include all activities necessary to implement this Developer's Contract. These activities include, but are not limited to, preparation of the Development Contract, consultation with Developer and its engineer on the status of or problems regarding the project, project monitoring during the warranty period, processing of requests for reduction in security, and City legal expenses. Fees for 1:\01 files\O 1 subdivisions\final plat\regal crest\dev contract.doc 9/20/01 7 this service shall be six percent (6 %) of the estimated construction cost as detailed in Exhibit E, less oversizing costs outlined in Exhibit D, Section A, assuming normal construction and project scheduling. 20. CITY CONSTRUCTION OBSERVATION. The Developer shall pay six percent (6%) of the estimated construction cost, less oversizing costs outlined in Exhibit D, Section A, for construction observation performed by the City I S authorized personnel. Construction observation shall include, but is not limited to, part or full-time inspection of proposed grading, public utilities and street construction. 21. STORMWATER MANAGEMENT FEE. The Developer shall pay a stormwater management fee of$64,187.00 prior to the City signing the final Plat. The amount was calculated as follows: 21.81 acres at $2,943.00 per acre. 22. SANITARY SEWER AND WATERMAIN TRUNK AREA CHARGES. A Sanitary sewer and watermain trunk area charge of $76,335.00 shall be paid by the Developer for sanitary sewer and watermain trunk improvements prior to the City signing the finalglat. The amoun,t was c~lc.ulate9 as follows: 21.81 acres at $3,500.00 per acre. 23. COLLECTOR STREET FEE. This Development Contract requires the DevelopyI to pay a collector street fee of $32,715.00 for collector street improvements prior to the City signing the final Plat. The amount was calculated as follows: 21.81 acres at $1,500.00 per acre. 24. PARK AND TRAIL DEDICATION. In lieu of contributing land for park dedication, the Developer shall pay a cash amount of $124,690.00. This amount was calculated as follows: 74 units X $1,685.00 per unit. The fee shall be paid prior to the City signing the final Plat. 25. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS AND OPERATIONAL COSTS. Before the City signs the fmal Plat, the Developer shall pay to the City $700.00 for installation of traffic control signs and street signs. The Developer shall be fmancially responsible for the installation of street identification signs and non-mechanical and non-electrical traffic I: \0 1 files\O 1 subdivisions\tinal plat\regal crest\dev contract.doc 8 9/20101 control signs. Street signs will be in conformance with the names as indicated on the Plat and pursuant to City standards. The actual number and location of signs to be installed shall be determined by the City and actual installation shall be performed by City authorized personnel. The Developer is responsible for the installation of the street lighting. The Developer shall pay the full capital cost of every light to be installed; this includes poles, fixtures, underground wiring, and all appurtenant work. The street light plan must be acceptable to the City Engineer and in accordance with Exhibit F. 26. LANDSCAPING. The Developer shall be required to install the landscaping as shown on approved Plan C. The Developer shall provide a [mancial guarantee of $109,694.00 based on an amount equal to 125 % of the estimated cost to furnish and plant the required landscaping and to install the required irrigation system. 27. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, there is no tree replacement required for this development. 28. SECURITY. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal to 125 % of the estimated Developer Improvement Costs. The Irrevocable Letter of Credit ("Security") shall be in the form attached hereto, from a bank for $954,162.00, plus a cash fee of $390,227.00 for City Development Fees. The amount of the Security was calculated as follows: DEVELOPER IMPROVEMENTS COSTS: Sanitary Sewer $ 147,869.50 Watermain $ 119,281.00 I: \0 1 files\O 1 subdivisions\final plat\regal crest\dev contract. doc 9/20101 9 Storm Sewer $ 179,164.00 Streets/Sidewalks/Trai1s/Erosion Control $ 229,260.00 Landscaping $ 87,755.00 Tree Preservation and Replacement $ 0.00 ESTIMATED DEVELOPER IMPROVEMENTS SUBTOTAL $ 763,329.50 X 1.25 TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT $ 954,162.00 CITY DEVELOPMENT FEES: City Administration Fee (6 %) (19) $ 45,800.00 $ 45,800.00 $ 64,187.00 (22) $ 76,335.00 ..,;,., ~.:.2 ~..' ~> $ 32,715.00 $ 124;690.00 $ 700.00 $ 390,227.00 City Construction Observation (6%) (20) Storm Water Management Fee (21) Sanitary Sewer and Watermain Trunk Area Charges Collector Street Fees (23) Park Dedication Fee (if in lieu of land) (24) Street and Traffic Control Signs (25) TOTAL CITY DEVELOPMENT FEES This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank shall be subject to the approval of the City Manager. The Security shall be for a term ending December 31, 2003. Individual Security instruments may be for shorter terms provided they are replaced at least sixty (60) days prior to their expiration. The City may draw down the Security, without notice, for any violation of the terms of this Contract or if the Security is allowed to lapse prior to the end of the required term. If the required Developer Improvements are not completed at least thirty (30) days prior 1:\01 files\O1 subdivisions\tinal plat\regal crest\dev contract.doc 9/20/01 10 . ...,,-,....-.,. ,....,.,--'''-.,-....---,--.-,----..., ,..-,....,..,--.."- ....,...,.......,-.....,-,....-- -....'--..-..----'---r-...." to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used to cure the default. 29. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that work has been completed and fmancial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by seventy-five percent (75 %) of the fmancial obligations that have been satisfied. Twenty-five percent (25 %) of the Security shall be retained until all improvements have been completed, all financial obligations to the City satisfied, and the required "as-built" grading plans and information have been received by the City. The City Public Works Design Manual outlines the procedures for Security reductions. 30. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The warranty period on streets shall commence after the fmal wear course has been installed and accepted by the City and the warranty period on underground utilities shall commence following their completion and acceptance by the City. The Developer shall post maintenance bonds to secure the warranties. All trees 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 City shall retain twenty-five percent (25 %) of the Security posted by the Developer until the Developer Improvements are accepted by the City Engineer and the bonds are furnished to the City. The security retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for fmal acceptance of streets and utilities. 31. REDUCTION OF SECURITY TO FIVE PERCENT (5%>' The Security guaranteeing satisfactory performance of the Developer Improvements can be reduced to 5 % of the original cost of the 1:\01 files\O1 subdivisions\final plat\regal crest\dev contracLdoc 11 9/20/01 construction costs as set forth in Paragraph 28 by the City Engineer in writing and by providing the City a performance bond or a warranty bond from the Developer or its contractors in an amount equal to the construction costs which shall be in force for one (1) year for streets and two (2) years for utilities (the "Warranty Period") following acceptance of all required improvements and shall guarantee satisfactory performance of such improvements. All punch list items must be completed before a reduction in Security will be considered. The Warranty Period for a particular Developer Improvement shall commence on the date the City Engineer issues written acceptance of the Developer Improvement. The City Engineer may establish a lost of the individual Developer Improvements that the Developer will install as part of the Plat. The City Engineer may accept one or more individual Developer Improvements prior to the completion of all Developer Improvements. The City Engineer shall determine whether particular Developer Improvements are so integral to one another so as not to make it feasible or practical for the City to accept one Developer Improvement prior to the completion of other related Developer Improvements. The five percent (5%) Security shall not be released until the Developer,.providesthe City Engineer with a certificate from the Developer's land surveyor stating that all irons have been set following site grading and utility and street construction. 32. OVERSIZING. City and Developer agree that the Developer Improvements should be oversized for the benefit of future development. Oversizing is the construction of a Developer Improvement to City specifications that exceeds those that would otherwise be required of the Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, grading, and road improvements. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $0.00 based upon a cost estimate as determined by both quotes received from the 1: \0 1 files\O lsubdivisions\final plat\regal crest\dev contract.doc 9/20/01 12 Developer's subcontractor and the City Engineer using the City's Assessment Policy based on a final engineering design. The calculation for oversizing is attached as Exhibit D. If the City Engineer determines additional work as the result of oversizing is required, the City shall reimburse the Developer for the costs associated with this work. 33. CLAIMS. A. City Authorized to Commence Interpleader Action. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 125 % of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to deterI)line attorneys' fees pursuant to this Contract. B. Prompt Payment to Subcontractors Required. The Developer shall pay any subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any undisputed amount for which the Developer has received payment by the City, the Developer shall pay interest to the subcontractor on the unpaid amount at the rate of 11/2 percent (1.5%) per month or any part of a month. The minimum montWy interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Developer shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from 1:\01 files\Olsubdivisions\final plat\regal crest\dev contract.doc 9/20/01 13 the Developer shall be awarded its costs and disbursement, including attorney's fees, incurred m bringing the action. (See Minn. Stat. ~471.425, Subd. 4a.) 34. SPECIAL PROVISIONS. The following special provIsIOns shall apply to Plat development: A. Implementation of the conditions listed in the Resolution approving the fmal plat. B. The Developer is required to submit the final Plat in electronic format. The electronic format shall be compatible with the City's software. C. The provisions of Minn. Stat. ~462.358 are incorporated herein as if fully set forth. If any of the provisions, criteria, performance standards or the like in this Development contract or in any City Ordinance applicable to this Development Contract are more stringent than thos,e set forth in Minn. Stat. ~462.358, the more stringent provision, criteria, performance standard or the like shall apply. D. Sections 1107.705 and 1107.820 of the City Zoning ordinance regulate the placement of signs in the right-of-way of any public street and provides for off-site directiona.1 signs. The . . , .. - . ;~. ~ Developer shall comply with the provisions of these Sections when placing any signs advertising the development covered by this agreement. The Developer hereby waives any claim against the City for removal of signs placed in the right-of-way in violation of Section 1107.705. The City shall not be responsible for any damage to, or loss of, signs removed pursuant to this provision. 35. RESPONSIBILITY FOR COSTS. A. Once the City Engineer approves the construction costs or estimates for the developer Improvements, except those that are subject to oversizing as described in Paragraph 32 of this Development Contract, there will not be any reimbursement to the City by the Developer or to the Developer by the City for City Administration or Construction Observation Fees. The Developer shall I: \01 files\O 1 subdivisions\tinal plat\regal crest\dev contract.doc 14 9/20/01 ~'"'__w"w.w, not be responsible for paying City Administration or Construction Observation Fees on the construction costs or estimates associated with oversizing. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. C. 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 and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year. 36. 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, except in an emergency as' determined by the City, 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 against all or any portion of the property within the Plat. The Developer hereby waives any and all procedural or substantive objections to any special assessment levied to pay the cost to remedy a Developer default, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the Property. 37. INDEMNIFICATION. Developer shall indenmify, defend, and hold the City, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to this Development Contract. The I: \0 1 files\O 1 subdivisions\tinal plat\regal crest\dev contract.doc 15 9/20/01 responsibility to indemnify and hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its Council, agents, employees, attorneys and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. 38. MISCELLANEOUS. A. The Developer represents to the City that the Plat complies with all 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 I S demand, the Developer shall cease work until there is compliance. B. Developer shall be responsible for all street maintenance until fmal written acceptance by the City of the Developer Improvements. Warning signs and detour signs, if determined to be necessary by the City Engineer, shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when:stre.ets become impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph, "street maintenance" does not include snow plowing or normal sweeping. C. Third parties shall have no recourse against the City under this Contract. D. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including those sold to third parties, and shall be grounds for the City to order all work on the Plat to cease. E. 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. I: \0 1 ti1es\0 lsubdivisions\tinal plat\regal crest\dev contracLdoc 9/20/01 16 ,.. _ .,_.....o_~_.._'_...o. F. Grading, curbing, and one lift of bituminous shall be installed and accepted on all public streets prior to issuance of any certificates of occupancy, except for model purposes only, a maximum of ten percent (10 %) of the total lots in the active phase of the subdivision may be issued building permits prior to utility and street construction. All such lots must be readily accessible for inspection by way of a two wheel drive vehicle, but in no case shall the distance exceed 300 feet of an existing roadway. If certificates of occupancy are issued prior to the completion and acceptance of Developer Improvements, the Developer assumes all liability and costs resulting in delays in completion of Developer Improvements and damage to Developer Improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued and no permanent certificates of occupancy may be issued until the streets needed for access have been paved with a bituminous surface and the Developer Improvements including utilities are accepted by the City Engineer. G. 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 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. H. This Contract shall run with the land. The Developer, at his/her sole expense, shall record this Contract against the title to the property within ten (10) days of the City Council's approval of the Contract. The Developer shall provide the City with a recorded copy of the Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being [mal platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded I: \0 1 files\O lsubdivisions\tinal plat\regal crest\dev contract.doc 9/20/01 17 interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 1. Developer, at its sole cost and expense, shall take out and maintain or cause to be taken out and maintained, until the expiration of the warranty period(s) on the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. J. 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 ari~iI?:g, avail~ble to 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. K. The Developer may not assign this Contract without the prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Plat, or any part of it. 39. 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 certified mail at 1:\01 files\Olsubdivisions\final plat\regal crest\dev contracLdoc 18 9/20/01 .._,...__._..__._~d_~__~_"____'__~ the following address: Wensmann Realty, Inc., 1895 Plaza Drive, Suite 200, Eagan, MN 55122. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: City of Prior Lake, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714. Concurrent with providing Notice to the City, Notice(s) shall be served upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan Sipkins & Johnson, Pillsbury Center South, 220 South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501. 40. INTERPRETATION. This Development Contract shall be interpreted in accordance with and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Contract as a whole rather than to any particular section or subdivision hereof. Titles in this Contract are inserted for convemence of reference only and shall be disregarded in constructing or interpreting any of its provisions. 41. JURISDICTION. This Contract shall be governed by the laws of the State of Minnesota. CITY OF PRIOR LAKE (SEAL) By: Wesley M. Mader, Mayor By: Frank Boyles, City Manager Reviewed for Form and Execution: By: Suesan Lea Pace City Attorney DEVELOPER: By: I: \0 1 files\O 1 subdivisions\tinal plat\regal crest\dev contract. doc 9/20/01 19 Its: By: Its: STATE OF MINNESOTA ) ( ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 20_, by Wesley M. Mader, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, 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 ) The foregoing instrument was acknowledged before me this 20_, by d~yof NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SLP:kgm 1:\01 files\Olsubdivisions\final plat\regal crest\dev contracLdoc 9/20/01 20 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of ,20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOT ARY PUBLIC DRAFTED BY: Campbell, Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SLP:kgm I: \0 1 files\O 1 subdivisions\tinal plat\regal crest\dev contract.doc 9/20101 21 MORTGAGEE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of ,20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOT ARYPUBLIC DRAFTED BY: Campbell, Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SLP:kgm I: \0 1 files\O 1 subdi visions\final plat\regal crest\dev contract. doc 9120101 22 , , --..,-..-....,-,.,---....-..,..... - '-'_..__.._......_-~--_.., CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT , which/who has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affIrms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this day of ,20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 by NOTARY PUBLIC DRAFTED BY: Campbell, Knutson, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452-5000 SLP:kgm I: \0 ltiles\O 1 subdivisions\tinal plat\regal crest\dev contract. doc 9/20/01 23 EXHIBIT A NOTE: PRELIMINARY Sub ject lo revision wilhoul notice. ~ l'l < 0 3 :l ~ 8 ! ~ 5 ~ ~ ~ ~ "'~- ..~ ~-;.! } '" '< 2. " ~ n g\'l.! 1 :r .. ;.i ~ : I ~ ~. , 0 g ~ ~~ ~ 2- t~ ~ : ~~ ~;; :ta .'~ ! '" o ~ ~ 2. iil ~ [ n g ~ ~ .' I. ~ .' "*>1- * II 11 .. * :J - * " lD 0 " >1-5 z. II m III m 'D 5 lD i i ~ ; ~ i ;I ~ " ~ f ~ '< " ! .. - l'l o :l 2 z " ~ i '" .... ~ . 0 a ~ ~ ~ 1 n ! I 2. S f ~ IO,N ~ I . o [ . ~ , v o ~ 1 l ! -- '" o o J ~ l .. l'l ~ 0 i :l " ~ 9 " ~ I!' ~ " i I~[ r . 2. v [ ~ , v o . ~ 2. ~ i ~u e:~ rs2. 12,2.. , '" !"a~ :i~ ~ 3~il ,.3~ ~ ~: _0 ~ s:~ !~~ ~~i ~! ~. n ~~ o~ ~~ ~ ~ g ,g ~ ~ ~o l ~ g; i! H 1" [ 2. . ~ i- 00 :1:< !jln )~ gl1 ~~ ,5 3;!' 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I ,oo.oo~ ~ 8~ / o '''--- ~M'[ 14.'.V!l ~~e ;\iz~ ~'iz g~tl -~~~ ~~g -~ ~~ 8~~ !~~ ~:~ !"'It: ~ ai c:" o ~'l!"!~~~ ~ a:~~S~~ g ~~~ ~S~r:~~~ ~ ~~~ ~ nlltl:"'~ r-l.f ~;, tn~:;3~~ a~ ~~; i~~~~~? :~i ~2 i"'~A~ro!i! f. :.. :Ci.. !:;;lz:-'.!f.~no ~... p:c-< ;~~~IIt~~ ~P' ~:;: lD~e~l"l~ a~ ~;~~~~; ~ ~~ ~~~~E -< ~ ~ ~~~ c: 1-------1-------: : .;::' i ':~:- i I ,". ." . . I... I I I , . 1 '" I tn----':--------l , I ,', I i ~ : t<.t' : . -7'0 I ~-7,. I I I -f I Lh____1 M _J en llll.tlO. " fr...rnr mI'"~ ",""",," .I.....nll r...,," .. " .1 e' 'I' ~l I ;1 I I I z '" ~ ,.; ... ... :::0 fT1 G) )> r ~O :::0 fT1 CJ) -; ::..: .;. I I I II I ~I ' ~l i 1\ : rl i , I~ ' I: ! ~li i ~18 , 19 i I I ''It _.-'~ / I -.~ 6. i ~- la;~ ~~ " 1 EXIllBIT "B" SAMPLE IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1715 Dear Sir or Madam: We hereby issue, for the account of Irrevocable Letter of Credit in the amount of $ sight on the undersigned bank. (Name of Developer) and in your favor, our , available to you by your draft drawn on The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 20_, of (Name of Bank) It; , dated b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at November 30, 20___ (Address of Bank) , on or before 4:00 p.m. on This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall; 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least forty-five (45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its 1:\01 files\O lsubdivisions\tinal plat\regal crest\dev contracLdoc 9/20/01 26 ..".-.---- EXHIBIT "C" CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1714 INSURED: ADDITIONAL INSURED: City of Prior Lake AGENT: ,WORKERS' COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE - Workers' Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: $ 500,000 for one person $1 ,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: 1: \0 1 files\O 1 subdi visions\ final plat\regal crest\dev contract. doc 9/20/01 27 Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative I: \0 1 files\O lsubdivisions\final plat\regal crest\dev contract.doc 9/20/01 28 " "._.__.-..._--~"-'--- EXHIBIT "E" ENGINEER'S ESTIMATE for REGAL CREST ill PRlOR LAKE, MINNESOTA AUG - 9 2001 SECTION A - SANITARY SEWER 19 EA 48" Dia. Sanitary Sewer Manhole 10'-12' @ $1.800.00 / EA= $34.200.00 65.14 VF 48" Dia. Manhole Extra Build @ $100.00 /VF = $6.514.00 48 LF 8" DIP CL. 52 10'-12' Depth @ $21.00 /LF = $1.008.00 55 LF 8" DIP CL. 52 12'-14' Depth @ $22.00 /LF = $1.210.00 35 LF 8" DIP CL. 52 14'-16' Depth @ $24.00 /LF = $840.00 75 LF 8" DIP CL. 52 16'-18' Depth @ $27.50 /LF = $2.062.50 90 LF 8" DIP CL. 52 18'-20' Depth @ $33.00 /LF = $2.970.00 75 LF 8" DIP CL. 52 20'-22' Depth @ $33.00 /LF = $2,475.00 70 LF 8" DIP CL. 52 22'-24' Depth @ $34.00 /LF = $2.380.00 80 LF 8" DIP CL. 52 24'_26' Depth @ $35.00 /LF = $2.800.00 90 LF 8" DIP CL. 52 26'-28' Depth @ $37.00 /LF = $3.330.00 175 LF 8" DIP CL. 52 28'-30' Depth @ $39.00 /LF = $6.825.00 312 LF 8" PVC C900 DR 18, 0'-10' Depth @ $16.00 /LF = $4,992.00 186 LF 8" pve e900 DR 18,10'-12' Depth @ $18.00 /LF = $3.348.00 300 LF 8" pve C900 DR 18, 12'-14' Depth @ $19.00 /LF = $5.700.00 25 LF 8" PVC C900 DR 18, 14'-16' Depth @ $21.00 /LF = $525.00 15 T .... 8" pve e900 DR 18, 16'-18' Depth @ $24.50 /LF = $367.50 Lr 10 LF 8" pve C900 DR 18, 18'-20' Depth @ $28.00 /LF = $280.00 85 LF 8" PVC C900 DR 18, 20'-22' Depth @ $30.00 /LF = $2.550.00 15 LF 8" PVC SDR26, 14'-16' Depth @ $20.00 /LF = $300.00 75 LF 8" pve SDR 26, 16'-18' Depth @ $24.00 /LF = $1.800.00 ~ ,._..,,-_..,.._.,~"'---'~~-_...~.~...,_..~.- EXHIBIT "E" 79 LF 8" PVC SDR 26, 18'-20' Depth @ $28.00 ILF = $2.212.00 20 LF 8" PVC SDR 26,20'-22' Depth @ $28.00 ILF = $560.00 507 LF 8" PVC SDR 35, 10'-12' Depth @ $16.00 ILF= $8.112.00 513 LF 8" PVC SDR 35, 12'-14' Depth @ $17.00 ILF = $8,721.00 130 LF 8" PVC SDR 35,14'-16' Depth @ $19.00 ILF= $2.470.00 85 LF 8" PVC SDR 35, 16'-18' Depth @ $22.50 ILF = $1.912.50 LS Connect to Existing @ $400.00 ILS = $400.00 21.5 VF Outside Drop Section @ $150.00 NF = $3.225.00 74 EA 8" x4" Wye @ $150.00 lEA = $11.100.00 2710 LF 4" PVC Service Pipe @ $8.00 /LF = $21.680.00 1 LS Sewer Test @ $1,000.00 ILS = $1.000.00 SECTION A - SANITARY SEWER TOTAL $147.869.50 SECTION B - W ATERMAIN 2855 LF 8" D.I.P. CL. 52 @ $21.00 / LF = $59.955.00 65 LF 6" D.I.P. CL. 52 @ $18.00 ILF= $1.170.00 3960 LB D.I.P. Fittings @ $1.10 ILB = $4.356.00 6 EA Hydrant w/Gate Valve @ $1.800.00 lEA = $10.800.00 6 EA 8" Gate Valve & Box @ $580.00 lEA = $3.480.00 74 EA 1" Corporation Stop @ $100.00 lEA = $7.400.00 74 EA 1" Curb Stop w/Box @ $100.00 IEA= $7.400.00 j^1 ~ LF 1" Copper Service Pipe Type K @ $8.00 /LF = $23.320.00 _~D 1 LS Connect to Existing @ $400.00 /LS = $400.00 LS Watermain Testing @ $1.000.00 /LS= $1.000.00 SECTION B - \\1 A TERMAIN TOTAL $119.281.00 EXHIBIT "E" SECTION C - STORM SKWER 950 LF 12" RCP CL. 5 @ $26.00 I LF = $24.700.00 943 LF 15" RCP CL. 5 @ $28.00 /LF = $26.404.00 608 LF 18" RCP CL. 5 @ $30.00 ILF = $18.240.00 22 LF 21" RCP CL. 5 @ $35.00 /LF = $770.00 79 LF 24" RCP CL. 3 @ $40.00 /LF = $3.160.00 139 LF 30" RCP CL. 3 @ $45.00 /LF = $6.255.00 3 EA 12" FES w/Trash Guard @ $600.00 lEA = $1.800.00 1 EA 18" FES w/Trash Guard @ $900.00 lEA = $900.00 1 EA 21" PES w/Trash Guard @ $1.600.00 lEA = $1.600.00 1 EA 30" FES w/Trash Guard @ $2.000.00 lEA = $2.000.00 20.7 CY RlP RAP Class III @ $50.00 ICY = $1.035.00 2 EA 27" Dia. Catch Basin @ $950.00 lEA = $1.900.00 7 EA 24" x 36" Catch Basin @ $1.000.00 lEA = $7.000.00 8 EA 48" Dia. Manhole @ $1,450.00 lEA = $11.600.00 10 EA 48" Dia. Catch Basin Manhole @ $1,450.00 lEA = $14.500.00 2 EA 54" Dia. Catch Basin Manhole @ $2,400.00 lEA = $4.800.00 1 EA Control Structure @ $2.500.00 lEA = $2.500.00 EA V ortecbnics Structure @ $50.000.00 lEA = $50.000.00 SECTION C - STORM SEWER TOTAL $179.164.00 SECTIOND - STREETS 9405 SY Subgrade Preparation 8865 SY 24" Select Granular 8865 SY 9" CL. 5 7605 SY 2 'is " Bit. Base EXHIBIT "E" 7605 SY 1 1/2" Bit. Wear @ $3.00 ISY = $22.815.00 4860 LF Mountable Curb & Gutter 0J $8.50 ILF = $41.3 1 0.00 -' 380 OL Tack Coat @ $1.50 /GL = $570.00 20 EA Adjust Manhole Casting @ $180.00 lEA = $3.600.00 19 EA Adjust Catch Basin Casting @ $125.00 lEA = $2.375.00 8 EA Adjust Gate Valve Casting @ $150.00 IEA= $1.200.00 1 LS Backfill Curb & Gutter @ $2.000.00 /LS = $2.000.00 1620 SY Sod - 2 Rolls Behind Curb @ $3.00 /SY = $4.860.00 2420 LF 5" x 5' Concrete Sidewalk w/5" Sand Base @ $12.00 ILF = $29.040.00 5 EA Pedestrian Ramp @ $250.00 lEA = $1.250.00 SECTION D - STREETS TOTAL $229260.00 TOTALS TOTAL SECTION A $147.869.50 TOTAL SECTION B $119.281.00 TOTAL SECTION C $179.164.00 TOTAL SECTION D $229260.00 GRAND TOTAL $675.574.50 fY:V7/LL/AMS L./L.SANDSCAPE 20200 Otero Ave. Hastings, MN 55033 651-437-2827 August 10, 2001 PROPOSAL Regal Crest - Wensmann Realty Overstory Trees Maple Linden Red Oak White Oak $365.00 (20) $365.00 (22) $328.00 (16) $328.00 (19) Conifer Trees Black Hills Spruce Scotch Pine $210.00 (13) $218.00 (25) Ornamental Trees Jap Lilac Prairie Fire Crabapple $155,00 (23) $155.00 (22) Total Trees Foundation Plantings Sea Green Juniper Yew Spirea, Burning Bush, Dogwood Miss Kim, Alpine Currant Daylillies, Hosta, Black Eyed Susan, Total Foundation Planting Per Unit Average Irrigation System Total Estimated Project Costs Hlllltel- EXHIBIT E (avj 7/bldg) (avj 8/bldg (avj 35/bldg) (avj 80/building) $1,100,OO/Unit RAlN~8/RD~ $15,155,00 $81,400.00 $72,600.00 $169,155.00 II S.,AtfrfItLfR SY5TEWS ..- ,......".., ------y---..'.. EXlllBIT "F" TO DEVELOPMENT CONTRACT RESIDENTIAL STREET LIGHTING POLICY BACKGROUND The City intends that this street lighting policy promote the safe travel of city streets in a manner both fair and affordable to the City and its residents. Residential street lighting promotes pedestrian and traffic safety to the extent that the City shall approve street lighting where warranted by such concerns. Lighting requests shall come either by recommendation of the City Engineer or by resident petition. The capital costs of residential street lighting shall be the responsibility of those residents, or any portion of those residents, determined to be affected by the light. NEW SUBDIVISIONS: All lighting plans require approval by the City and the utility responsible for street light operation and maintenance. In new subdivisions street lights shall be placed at intersections, every 300 feet between intersections where intersections are more than 600 feet apart, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-de-sac with the street is greater than 300 feet. Within their developments, developers shall also install lights to City standards at the intersections of residential streets with collector streets. The developer shall pay the full capital cost of every light to be installed; this includes poles, fixtures, underground wiring, and all appurtenant work. The developer shall pay operation and maintenance for the light system until the City accepts the project, at which time the billing shall be transferred to the City. 100 or 150 watt high pressure sodium lights in traditional or cobra-head style (as approved by the City and the utility) shall be the standard for new subdivisions. Where a portion of the development is already lit, new lights shall match in style and wattage those already in place. Where a developer wishes to install more lights than warranted by City policy, the monthly operation and maintenance costs of the . additionaIlights shall be borne by the residents of the development through their homeowner's association or similar organization. Where a developer wishes to install non-standard lights, not available through the servicing power company, the City will pay operation costs equivalent to a standard street light. Maintenance of non-standard street lights at City cost will require a signed agreement between the City, Developer, and power company that provides for power company maintenance of the non-standard lights at a cost to the City equal to or less than that of a standard fixture. EXISTING SUBDIVISIONS: Where traffic safety clearly warrants, a street light may be placed upon the recommendation of the City Engineer's office. The basis of such warrants shall be a minimum Average Daily Traffic of 2000 vehicles or a layout such that, in the City Engineer's estimation, significant improvement in safety might be obtained by the placement of a street light. Since the benefit of such installations extends to the City as a whole, these will be done at City expense. When residents request additional lighting for their neighborhoods, they must do so by petition - signed by 60% of the neighbors affected by the proposed light. The affected area shall be 100 linear feet on either side of the proposed light, on both sides of the street. The placement of the proposed light shall be specified in the petition. Petitioners shall approach the City prior to circulating their petition to obtain direction as to where street lights are warranted for their neighborhoods. Lights shall be approved only as they meet the following warrants for existing subdivisions: intersections, between intersections at intervals of 300 feet where the distance between intersections is greater than 600 feet, and at the ends of cul-de-sacs where the distance from said end to the intersection of the cul-de-sac with the street is greater than 300 feet. If approved, each street light shall be purchased by the affected residents. Payment shall be made prior to the installation of the light and shall include the cost of poles, fixtures, underground wiring, and all appurtenant work. The method of payment shall be as directed by the City Finance Deparunent. The City shall assume operation and maintenance costs for a light from the time it is energized by the utility. In existing developments new lights shall match in style and wattage those already in place. If no lights be currently in place, then 100 or 150 watt high pressure sodium lights in cobra-head or traditional style shall be the standard. I: \0 1 files\O 1 subdivisions\tinal plat\regal crest\dev contracLdoc 9/20/01 35 EXlllBIT "G" TO DEVELOPMENT CONTRACT CONDITIONS OF PLAT APPROVAL 1. A current title opinion or commitment of title insurance be submitted acceptable to the City Attorney. 2. Payment of all fees prior to release of the final plat mylars. 3. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and one reduction at no scale which fits onto an 81/2" x 11" sheet of paper. 4. Four mylar sets of the final plat with all required signatures be submitted. 5. The developer provide financial security, acceptable to the City Engineer prior to release of the final plat mylars. 6. The final plat and all pertinent documents must be filed with Scott County within 60 days from the date of final plat approval. Failure to record the documents by December 1, 2001, will render the final plat null and void. 1 :\01 files\O 1 subdivisions\tinal plat\regal crest\dev contract.doc 9/20/01 36 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT AUGUST 20, 2001 9A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION AMENDING THE REGAL CREST CONDITIONAL USE PERMIT TO ALLOW REDUCED FLOOR AREA AND TWO ENTRY MONUMENT SIGNS History: On April 16, 2001, the City Council approved a Conditional Use Permit for Regal Crest. The approved plan calls for 74 townhouse units on 25.58 acres. The plan' calls for a townhouse style development consisting of 2-, 3- and 4-unit buildings. The plan includes 5 two-unit buildings, 16 three-unit buildings and 4 four-unit buildings. The townhouses are designed as 1,600 to 2,100 square foot ramblers with walkout basements, although the narrative suggests there may be some 1 Y2 story buildings as well. All of the units have either double or triple car attached garages". The exterior materials are brick and steel siding. Current Circumstances: Pavek Family Investment Company, the original developer, has sold the subject property. Wensmann Realty, the new owner and developer, has submitted a request for a minor amendment to the approved CUP plan. This amendment involves a change in the size of the proposed townhomes. It also includes the addition of two entry monument signs. The attached letter from the applicant explains the rationale for this amendment. The attached site plan overlays the proposed building pads (bold outline) on the approved building pads (shaded area), and also identifies the sign locations. The attached drawings show the both the approved and the proposed building elevations. The Zoning Ordinance allows the City Council to approve mmor amendments to an approved CUP plan by resolution. A minor amendment includes changes or modifications that do not affect required parking, required yards, floor area ratios, ground floor area ratios, signage, building height, density, covenants or other agreements required as part of the approved plan. In this case, the proposed 1 :\01 files\O 1 cup\regal crest-wensmann amend\cc report. doc Page 1 16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: amendment does not change the density or setbacks of the buildings. The total floor area of the buildings is slightly reduced, from 4.07 acres to 4.06 acres. The floor area ratio remains at 0.17. The major affect of this amendment is in the height of the buildings. The original plan included more 1 1'2 and 2-story buildings; the proposed plan includes rambler walkout units, which are not as tall as the original units. Increases in the height of the proposed units would be considered a major amendment; however, decreases in the height will actually reduce the impact of the use on the adjacent properties, and can therefore be considered a minor amendment. The proposed monument signs are located at the CSAH 21 entrance and at the Jeffers Pass entrance. The sign structures are a brick gatepost design with the name of the development. The attached plan illustrates the monuments. The Issues: There are two issues: the criteria for minor amendments and whether or not the proposed amendment will change the character of the approv~d plan. The proposed amendment does not affect the density or the layout of the approved CUP. The sizes of the units have been reduced from the original 1,600-2,100 square feet to 1,443-1,700 square feet. The exterior materials will still be brick and vinyl siding. The proposed units also include deck and porch options. The proposed monument signs are also consistent with the Zoning Ordinance provisions for subdivision signs. The amendment will not affect the parking spaces, the setbacks or other ordinance requirements. As a condition of approval of this amendment, the developer will be required to meet all of the original conditions of approval listed in Resolution #01-47. Conclusion: The proposed amendment is minor, and will not alter the character of the approved plan. Bud~et Impact: There is no immediate budget impact as a result of this request. The construction of new dwellings will provide additional tax base to the City. The City Council has three alternatives: 1. Adopt a resolution approving the minor amendment to the Regal Crest CUP as proposed. 2. Deny the proposed amendment. In this case, the Council should direct the staff to prepare a resolution with findings of fact for the denial of these requests. 11 3. Defer consideration ofthis item for specific reasons. J: \01 fil es\O 1 cup\regal crest-wensmann amend\cc report,doc Page 2 \ \ ~ I', , RECOMMENDED MOTION: REVIEWED BY: Staff recommends alternative #1. A motion and second adopting a resolution approving the minor amendment to the Regal Crest CUP is appropriate. 7 ~t\ EJo-Y"~~ ~. l1r1~ C)~~f, ;t 7. L, ~. b.YO- 10 '. ~ -- 1:\01 files\O 1 cup\regal crest-wensmann amend\cc report,doc Page 3