HomeMy WebLinkAbout7B Echos 1st Addition'$U10C2'
STAFF AGENDA REPORT
AGENDA#:
PREPARED BY:
SUBJECT:
DATE:
7B
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER APPROVAL OF FINAL PLAT
ADDITION. (RESOLUTION 94-08) AND
AGREEMENT.
FEBRUARY 7, 1994
FOR ECHOS
DEVELOPERS
INTRODUCTION:
BACKGROUND:
DISCUSSION:
John C. Andren has filed for final plat and developers agreement
approval for "Echos Addition." The final plat is being filed in
accordance with Sections 6-5-1 and 6-7-1 through 6-7-17 of the
Subdivision Ordinance.
The principle requirements for final plat approval include a signed
developers agreement with surety for the installation of utilities and
streets and the satisfactory completion of all preliminary plat
contingencies.
Thc preliminary plat was approved by thc City Council on August 3,
1993 contingent upon thirteen items (See attached minutes from
August 3, 1993 and Resolution 93-65). There are a total of 3 lots in
the subdivision. There is no park dedication requirement for the
subdivision because it is a replat of an existing lot of record (Lot 5,
Meadow Lawn).
Thc development contains three lots, all of which meet or exceed thc
minimum zoning standards. Thc final plat of Echos Addition has been
reviewed by staff and found to be in substantial compliance with thc
preliminary plat. All conditions of thc preliminary plat have been
satisfied or will be accounted for in the developers agreement and
attached Resolution 94-08. A draft developers agreement, was
prepared by Brace Loncy and Glenn Kcssel. The agreement specifics
that the developer is responsible for installation of all utilities, thc
cul-de-sac, and all other improvements as required by the Subdivision
Ordinance.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION
REQUIRED:
1. Adopt Resolution 94-08 approving the final plat of Ech0s
Addition and outlining conditions to be met prior to release
of the hardshell.
2. Deny the final plat for specific reasons finding inconsistency
with the approved preliminary plat.
3. Continue the discussion for additional information or to
allow the Council additional time to review the issues related
to the developers agreement.
Alternative number 1 or 3 as per Council discussion.
Motion to adopt Resolution 94-08 approving the final plat of Echos
Addition. A separate motion would be in order to authorize staff to
enter into a developers agreement with the applicant.
RESOLUTION 94-08
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH CONDITIONS TO BE MET
PRIOR TO RELEASE OF THE FINAL PLAT OF ECHOS ADDITION.
MOTION BY:
SECOND BY:
WHEREAS, the City Council has approved the Final Pla of Echos Addition.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE,
MINNESOTA, that it should and hereby docs require the following conditions to be met, prior to release of, and
recording of said plat:
The easements on file with Scott County, Documents 221529 and 238700 related to permanent easements
for public utility and storm drainage purposes be set forth on the final plat. See attached letter from Glenn
Kessel dated January 20, 1994.
The certification by the City Attorney on the final plat be changed to state that he has examined the plat and
recommends the plat for approval as to form. (See attached letter from Glenn Kessel dated January 20,
1994.
Payment of all fees including but not limited to: fmal plat fee of $15.00 dollars, trunk sewer charge, storm
water management fee, collector street fee and all other fees associated with the developers agreement. See
attached memo from Ralph Teschner dated January 18, 1994.
The Developer's Agreement, as drafted by the City Engineer, shall be signed and fully executed prior to the
release of the Final Plat. All fees shall be paid prior to release of the Final Plat.
Reductions of the entire plat be submitted, to the following scales: 1"-800', 1"-200', and one reduction at
no scale which fits onto an 8 1/2" x 11" sheet of paper.
10.
Four mylar sets of the final plat with all required signatures be submitted.
Utility and drainage easements along with an erosion control plan and sewer/water plan be revised
acceptable to the City Engineer. All easements including those necessary on the plat be granted, acceptable
to the City Engineer.
A planting plan addressing tree planting requirements of Section 6-7-1 of the Subdivision Ordinance should
be submitted, acceptable to the City Planning Director. The planting plan is to identify the type and location
of required front yard and boulevard trees as per attached Tree Planting Handout.
All lots must contain 90' of lot width at the front setback line and 75' of width at the 904 contour line.
Calculations indicating the lot width measured at the 904 and 25' front yard setback line for Lots 1, 2, and
3 should be submitted to the Planning Department.
All proposed lots must contain a building pad at or above elevation 909. The grading plan should be
revised anticipating future removal of the existing home on Lot 2, and showing a future grading plan
consistent with provisions of the Flood Plain Ordinance.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RELATED POLICIES AND STANDARDS
1) Payment of park suppo~ fees in accordance with City Policy at the time of building permit.
2) Building permits for the units shall not be issued until a contract has been awarded for the construction of
municipal sewer and water. Occupancy permits will not be issued until sewer, water and storm sewers are
accepted by the City Engineer and the base course for this road is installed.
3) No building permits shall be issued until the Final Plat is filed and recorded with Scott County with the
exception of one permit which may be issued to the underlying legal description for the entire parcel.
4) The "City Copy" hardshell, containing all required signatures be returned to the Prior Lake Planning Office
prior to issuance of any building permits for the plat.
5) Fill is permitted as part of a development project in areas above 904 provided a grading permit is obtained
from the City of Prior Lake. Fill must be protected from erosion by vegetation or other methods. Filling
permits and Building permits proposed within the Flood plain district must be tiled in duplicate with the
City which will forward one copy to the DNR for review and comment.
6) Low floor elevation is 909. Finished fill elevation on each proposed lot shall be at least at elevation 908,
measured 15' beyond the limits of any structure.
7) All public utilities and facilities such as gas, electric, sewer, 'water located within the flood plain at an
elevation lower than 909 shall be flood proofed in accordance with the State Building Code or elevated
above 909.
8) All lots within the subdivision are subject to the 22% building coverage and 30% impervious surface
requirements of the Zoning Ordinance.
Passed and adopted this 7th day of February, 1994.
Yes No
Andren AnOn
Greenfield Greenfield
Kedrowski Kedrowski
Schenck Schenck
Scott Scott
Frank Boyles
City Manager
city of Paor
{Seal}
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CONTRACT FOR DEVELOPMENT OF
LAND IN THE CITY OF
PRIOR LAKE, MINNESOTA
THIS AGREEMENT, made and entered into as of the 7th day of F_.c, bxuarX, 19 94, by
and between the City of Prior Lake, a municipal corporation organized under the laws of the
State of Minnesota, and John C. Andren, owner of Echos Addition.
WITNESSETH THAT:
WHEREAS, Developer is duly organized to do business in the State of Minnesota and
owns the Property within the City of Prior Lake; Scott County, Minnesota, and
WHEREAS, Developer desires to develop the Property; and
WHEREAS, Developer has made application to City Council for approval of the plat of
the Property; and
WHEREAS, the City has granted preliminary plat approval and f'mal plat approval to.
F_~ao.,$_AI;I~J~ on the condition that, among other things, Developer enter into this Agreement
to provide for installation of Developer improvements and all other improvements hereafter
described all on the terms and conditions hereafter set forth.
NOW, THEREFORE, in consideration of these premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
1. DEFINITIONS; RULES OF INTERPRETATION AND EXHIBITS.
In this Agreement the following terms shall have the following respective
meanings unless the context hereof clearly requires otherwise:
"Agreement" means this Contract for Development of Land in the City of Prior
Lake, Minnesota, by and between City and Developer, as the same may be from
time to time modified, amended or supplemented.
"Cash Escrow Deposit" means a cash deposit with the City Finance Director in
the amount of $ 0.00 (0% of Cost of Developers Improvements).
"City" means the City of Prior Lake, a governmental subdivision of the State of
Minnesota.
d. "City Attorney" means the City Attorney of the City of Prior Lake.
e. "City Council" means the Prior Lake City Council.
f. "City Engineer" means the City Engineer of the City of Prior Lake.
g. "City Finance Director" means the City Finance Director of the City of Prior Lake.
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"Cost of Developer Improvements" means the cost of Developer Improvements as
estimated by the City Engineer on Exhibit A in the City Engineer's sole and absolute
discretion.
"Developer" means John C. Andren, his successor and assign.
"Developer's Installed and Financed Improvements" means the construction work to
be performed by Developer on the Property including, but not limited to, the trees,
grading, topsoil and sodding, sidewalks and driveways, curb-stop adjustments, street
lighting, streets, curb and gutter, water supply, sanitary sewer, storm sewer/storm water
improvements, drainage, Permanent Street Improvements and Traffic Signing
Improvements to be performed, installed or constructed upon the Property pursuant to
this Agreement, the plans, specifications, drawings and related documents, and in
accordance with the policies and ordinances of City as City may adopt from time to time.
"Event of Default" shall mean whenever it is used in this Agreement any one or more of
the following events: (i) failure by Developer to timely pay all real property taxes
assessed with respect to the Property; (ii) failure to construct the Developer's
Improvements pursuant to the terms, conditions and limitations of this Agreement; (iii)
failure by Developer to observe or perform any covenant, condition, obligation or
agreement on its part to be observed or performed under this Agreement; (iv) transfer of
any interest in Developer or (v) failure to correct warranty deficiencies; or, (vi) if the
term of the Letter of Credit will expire prior to the expiration of the Warranty Period, the
failure by Developer to replace the Letter of Credit at least 15 days prior to its expiration.
"First Completion Date" means ~ 19°~.
"Second Completion Date" means ~ 19°~.
"Including" means including, but not limited to.
"Letter of Credit" means an irrevocable letter of credit in the amount of $58.165.31
(125% of Cost of Improvements) in the form of Exhibit B.
"Permanent Street Improvements" means permanent street surfacing in accordance
with the policies and ordinances of City as City may adopt from time to time.
"Policy for Private Development Projects" means the policy for such projects adopted
by the City Council as may be amended the current policy of which is attached as Exhibit
F.
"Property" means the real property, together with improvements, if any, described in
Exhibit C.
"Registered Professional Engineer" means a person currently licensed in Civil
Engineering with the Minnesota State Board of Registration for Architects, Engineers,
and Land Surveyors.
"Sewer and Water Improvements" means sanitary sewer and water laterals or
extensions including all necessary building services in accordance with the policies and
ordinances of City as City may adopt from time to time.
"Storm Sewer Improvements" means storm sewers, catch basins, inlets and other
appurtenances when determined to be necessary by City Engineer in accordanee with the
policies and ordinances of City as City may adopt from time to time.
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"Street Improvements" means strut grading, graveling, and stabilizing including
construction of boulevards and tuff establishment in accordance with policies and
ordinances of City as City may adopt from time to time.
"Subdivision" means the division of a parcel of land into two or more lots or parcels by
any means including platting, registered land survey and conveyance by metes and
bounds. Where appropriate to the context, "subdivision" shall relate to the process of
subdividing or to the land to be subdivided.
"Traffic Signing Improvements" means standard street name signs at all newly opened
intersections and such other traffic control signs within the Subdivision determined to be
necessary by City Engineer in accordance with the policies and ordinances of City as City
may adopt from time to time.
"Unavoidable Delay" means Acts of God, casualties, war, civil commotion, embargo,
riots, utilities, energy or fuels, litigation in regard to the Subdivision by third parties,
failure after diligent effort to obtain required environment or other approvals,
authorization or permits, any acts or omissions of any govemmental authority with
jurisdiction, (other than the City), and all other causes of events which are beyond
Developer's or City's control.
"Construction Inspection of Developer Projects" means the inspection of Developer's
Installed and Financed Improvements by City Engineering Personnel or by consultant
engineers hired by the City, the costs of which are to be either reimbursed to the City by
the Developer or paid directly to consultant by the Developer, as the case may be.
This Agreement shall be interpreted in accordance with and govemed 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 Agreement as a whole
rather than to any particular section or subdivision hereof. Reference herein to any
particular section or subsection hereof are to the section or subsection of the Agreement
as originally executed. Any titles of the several parts, articles and sections of this
Agreement are inserted for convenience of reference only and shall be disregarded if
construing or interpreting any of its provision.
The following exhibits are attached hereto and by reference made a part of this
Agreement:
Exhibit A - Cost of Developer Improvements
Exhibit B - Letter of Credit
Exhibit C - Property Identification
Exhibit D - Developer and City Cost Summary
Exhibit E - Special Conditions
Exhibit F - Policy for Private Development Projects
DEVELOPER IMPROVEMENTS
Developer shall construct and ip~all, at Developer's expense (except as hereinafter
provided), the Developer Improvements, in accordance with the terms of this Agreement,
the policies and ordinances of the City, as City may adopt from time to time, and all local,
state and federal laws and regulations (including, but not limited to, environmental,
Pa§¢ 3
zoning, building code and public health laws and regulations) and according to the plans,
specifications, drawings and related documents submi~ed to and approved by City
Engineer for the Subdivision prior to commencement of any con.~ruction and Final plat
approval. The plans, specifications, drawings and related documents shall be prepared by
a Registered Professional Engineer subject to review and written approval by City
Engineer. Changes in plans, specifications, drawings and related documents will only be
permitted if the revised plans, specifications, drawings and related documents are
submitted to and approved in writing by City Engineer prior to making any of the
contemplated changes. Prior to construction of the Developer Improvements, Developer
shall provide an execut~l copy of any contract entered into by Developer with a third
party for the installation of the Developer's Installed and Financed Improvements.
On or before the date hereof, Developer shall pay to the City a fee equal to 6% of the
estimated developer pwject cost as determined by the City Engineer to cover the costs of
City in preparing and administering this Agreement.
On or before the date hereof, Developer shall furnish to the City the Letter of Credit
and/or Cash Escrow Deposit at City's sole option.
Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary Sewer
Improvements, Watermain Improvements and Trail/Sidewalk Improvements shall be
completed by the First Completion Date. Permanent Street Improvements and Traffic
Signing Improvements and all other Developer Improvements as per plans and
specifications shall be completed by the Second Completion Date. Noncompliance with
either the First Completion Date or the Second Completion Date will cause the Letter of
Credit and/or Cash Escrow Deposit to be called on, unless an extension of time is granted
by City Engineer in his sole and absolute discretion.
The City, either utilizing the City's Engineering Department Personnel or the City's
Consultant Engineering Personnel, shall inspect the Developer Installed Improvements in
accordance with the policy for private development projects adopted by the City.
Inspection services by the City shall include:
Ao
Inspection of public improvement systems which include grading,
sanitary sewer, watermain, storm sewer/ponding and street system.
Grading inspection is for overview of drainage swales and not for detail
site grading.
B. Documentation of construction work and all testing of improvements.
Co
As-built location dimensions for sanitary sewer, watermain, and sWrm
sewer facilities.
Do
Coordination with testing company for soil and material testing and
actual material testing costs as performed by City consultants or city
staff.
The Developer's Engineer shall provide all other construction services including, but not
A. Construction surveying.
Bo
As-built drawings of development improvements (Provide dimensions to
sewer and water services from City staff or City consultant).
Page 4
C. Construction quantifies.
D. Change orders.
E. Construction adminisUafion of pmjecC
E Construction payment vouchers.
Project Testing - The Developer is responsible through its testing
company at the Developer's cost to provide testing to certify that the
project was completed in compliance with the approved plans and
specifications. The personnel performing the testing shall be certified
by the Minnesota Department of Transportation or have equivalent
certification. The City Engineer may require additional testing ff in his
opinion adequate testing is not being performed. The cost of additional
testing to be paid by the Developer.
All construction inspection service charges shall be paid by the Developer to the City
within twenty (20) days from the date of receipt of invoices for such services from the
City all in accordance with the Policy for private development projects. Failure to pay
said invoice charges within said twenty (20) day payment period, may cause the City to
draw down on the Cash Escrow Deposit and/or Letter of Credit in the full amount of said
invoices, at the sole and absolute discretion of the City, without notice to Developer.
In the event there are insufficient funds available in the Cash Escrow Deposit and/or
Letter of Credit to reimburse the City for such inspection service charges as well as to
maintain a sufficient sum of money to secure Developer's guaranty, then the City shall
have the right to deny building permits or occupancy permits to the Property until such
time as said charges have been paid in full or the Cash Escrow Deposit and/or Letter of
Credit amounts have been increased to at least the amount of such inspection service
charges together with the sums necessary to secure the Developer's guaranty.
DEVELOPER REPRESENTATIONS.
Developer represents and warrants that neither the execution and delivery of this
Agreement, the consummation of the transactions contemplated hereby, nor the
fulfillment of or a compliance with the terms and conditions of this Agreement is
prevented or limited by, or in conflict with or will result in breach of, the terms,
conditions or provisions of any restriction of Developer, or evidence of indebtedness,
agreement or instrument of whatever nature to which Developer is now a party or by
which it is bound or will constitute a default under any of the foregoing. Developer
further represents and warrants that Developer will cooperate with City with respect to
any litigation commenced with respect to the Property or the Developer Improvements.
Developer represents and warrants that the Developer Improvements will conform to all
laws, regulations and ordinances of all local, state and federal government authorities.
City and Developer agree that the Developer Improvements should be oversized for the
benefit of future developmem for other projects in the City. City and Developer agree
that the cost of system oversizing to be reimbursed to the Developer by the City is
$5.248.~ based upon an estimate as determined by the City Engineer.
Page 5
Developer shall pay City upon demand the trunk oversizing costs per the schedule
outlined in the City's assessment policy less any credits, all as said forth in Exhibit D.
These rates are as follows:
S&W Acreage
Trunk Storm Sewer (Res.)
$3,000.00/net acre
$ .168/net sq. ft.
Collector Street Fee
$1,250.00/net acre
Developer waives any and all claims, assertions, causes of action, in law or in equity, as
to the costs and/or determination of said oversizing allocated to Developer, calculations
and/or determinations of them, as made by or on behalf of City or all "oversizing"
requirements of Developer as may be specified and contained in this Agreement or
attachments hereto. The parties acknowledge and agree that the fees and costs allocated
to City and Developer, as set forth herein and any exhibits hereto, may be based upon
estimated costs made by or on behalf of City. However, the cost of the oversizing, as
estimated by or on behalf of City, is binding upon City and Developer
On or before the date hereof, Developer and its contractors shall procure and
maintain or cause to be maintained during the term hereof, at its sole cost and expense,
the following types of insurance in the mounts specified and in the form provided for
below:
Comprehensive general public liability insurance against claims for bodily injury, death
or property damage occurring upon or in the Property and the improvements, such
insurance to afford protection to a combined single limit of not less than ~
with respect to death or injury to any one or more persons and ~ with
respect to property damage. Insurance term shall expire at the conclusion of the
warranty period.
Workers compensation insurance, with statutory coverage.
Such other insurance in such amounts as is customarily carried by like organizations
engaged in like activities of comparable size and liability exposure.
The policies of insurance required hereunder shall be companies licensed to transact
business in the State of Minnesota. Certificates evidencing such insurance shall be
fumished to City upon commencement of construction of Developer's Improvements.
Each policy shall contain a provision that the insurer shall give not less than thirty (30)
days advance written notice to City in the event of cancellation of the policy,
non-renewal or changes affecting the coverage thereunder.
City shall be named as an additional named insured under all policies required to be
maintained by Developer and executed copies of all such policies of insurance or
certificates thereof shall be delivered to City promptly upon theft issuance and thereafter
until thirty (30) days prior to the expiration of the term of each such policy. As often
as any such policy shall expire or terminate, renewal or additional policies shall be
procured and maintained by Developer in like manner and to like extent.
Page 6
6. STREET MAINTENANCE DURING CONSTRUCTION.
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Developer shall be responsible for all street maintenanceuntilthe Subdivision is
accepted by the City. Waming signs shall be placed when hazards develop in
streets to prevent the public from traveling on same and directing attention to detours. If
and when streets become impassable, such streets shall he barricaded and closed.
Developer shall be responsible for keeping streets within and without the Subdivision
swept clean of dirt and debris that may spill or wash onto the streets. The Developer
shall daily clean streets of dirt and debris which has resulted from construction
work by the Developer and its agents or assigns.
ACCEPTANCE OF SUBDIVL~;ION
AND DEVELOPER IMPROVEMENTS.
City will accept the Subdivision after it has been completed in accordance with the
provisions of this Agreement, the policies and ordinances of City, as City may adopt
from time to time, and all local, state and federal laws and regulations. Developer shall
furnish certificates of completion for the completed Subdivision certifying that the
work has been completed in accordance with the terms of this Agreement and shall
also furnish mylar "as-built" reproducibles for all phases of construction included in
this Agreement. Prior to acceptance of the completed Subdivision by the City Engineer,
Developer must furnish to City a Letter of Credit guaranteeing satisfactory
performance of the Developer Improvements in an amount equal to 25% of the original
cost of the Developer Improvements which shall be in force for one year following
acceptance of the Developer Improvements ("the Warranty Period").
Developer shall furnish a progress schedule for the construction of the Developer's
Improvements. Requests for progress payments shall be made in writing by
Developer to the City Engineer Upon written authorization of the City Engineer,
the Developer may pay the amount of the approved progress payments and the Cash
Escrow Deposit shall be reduced and released to Developer to the extent of the
approved progress payment. However, the Letter of Credit shall not be reduced to
less than 25% of the Cost of Developer Improvements prior to the expiration of the
Warranty Period.
Upon final completion of the Developer Improvements, the City Engineer shall accept
the completed improvements in writing. The Warranty Period shall begin effective the
date that the City Engineer accepts the completed improvements, in writing.
I~ELEASE. HOLD HARMLESS.
Developer releases from and covenants and agrees that City and the governing body
members, officers, agents, servants and employees thereof (hereinafter for purposes of
this paragraph, the "indemnified parties") shall not be liable for and agrees to indemnify
and hold harmless the indemnified parties against any loss or damage to property or
any injury to or death of any person occurring at or about or resulting from any
defect in the Property or Developer Improvements.
Whenever an Event of Default occurs, City may
following actions without notification:
take any one or more of the
a. City may suspend its performance under the Agreement.
bo
City may cancel and rescind this Agreement.
Page 7
10.
City may draw upon any guaranty, the Cash Escrow Deposit, md/or Letter of
Credit, the Construction Inspection Cash Escrow Deposit provided to City
pursuant to any of the terms of this Agreement according to their terms.
City may take whatever action, including legal or administrative action, which
may appear necessary or desirable to City to collect any payments due under this
Agreement or to enforce performance and observance of any obligation,
agreement or covenant of Developer under this Agreement.
eo
City may suspend issuance of Building Permits and/or Occupancy Permits on
Developer's lots.
NON-DISCRIMINATION.
The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title 1 of the
Prior Lake City Code as may be modified, which relate to civil rights and discrimination
and affirmative action shall be considered a part of this Agreement as though wholly set
forth herein, and Developer agrees to comply therewith.
11.
Developer represents and agrees for its successors and assigns that Developer has not
made or created and that it will not make or create or suffer to be made or created any
total or partial sale, assignment, conveyance or any trust or power to transfer in any other
mode or form of or with respect to this Agreement or in Developer without the prior
written approval of the City.
12.
The terms and provisions hereof be binding upon and inure to the benefit of the heirs,
representatives, successors and assigns of the parties hereto and shall be binding upon all
future owners of any or any part of the Subdivision and shall be deemed covenants
running with the land. If there be more than one developer, references herein to
Developer shall mean each and all of them. This Agreement, at the option of City, shall
be placed of record so as to give notice hereto to subsequent purchasers and
encumbrances of all or any part of the Subdivision. All recording fees, if any, shall be
paid by the Developer.
Whenever in this Agreement it shall be required or permitted that notice or demand be
given or served by either party to this Agreement to or on the other party, such notice
shall be delivered personally or mailed by United States mail to the addresses hereinafter
set forth, by certified mall (remm receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the mail in
accordance with the above. The address of the parties are as follows, until changed by
notice given as above:
Page 8
If to City:
City Engineer
City of Prior Lake
4629 Dakota Street SE
Prior Lake MN 55372
With a copy to:
Glenn R. Kessel
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
80th South 8th Street
Minneapolis MN 55402
If to Developer:
John C. Andren
4880 Chatonka Beach Trail
Prior Lake, MN 55372
Where this Agreement or any provision hereof makes the time of performance subject to
Unavoidable Delay, the time or times for such performances shall be extended for the
period of such Unavoidable Delay, provided, that the parties seeking the benefit of the
provisions of this section shall, within five (5) days after the beginning of any such
Unavoidable Delay, have first notified the other party thereof in writing, and of the cause
or causes thereof, and requested an extension for the period of such delay.
This Agreement may be amended by the parties hereto only by written instrument
executed in accordance with the same procedures and formality followed for the
execution of this Agreement.
Failure of either party at any time to require performance of any provision of this
Agreement shall not affect its right to require full performance thereof at any time
thereafter and the waiver by either party of a breach of any such provision shall not be
taken or held to be a waiver of any subsequent breach thereof or as nullifying the
effectiveness of such provision.
This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute one and the same instrument.
Whenever an Event of Default occurs and City shall employ attomeys or incur other
expenses, including employment of experts, for the collection of payments due or to
become due or for the enforcement or performance or observance of any obligation or
agreement on the part of Developer herein contained, Developer agrees that he shall, on
demand therefor, pay to City the reasonable fees of such attorneys and such other
expenses so incurred by City. Developer agrees to hold harmless, indemnify and defend
City and its employees against any claims or actions brought as a result of Developer's
performance under this Agreement or as a result of alleged actions or omissions on the
part of Developer, his employees or agents.
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IN WITNESS WHEREOF, City and Developer have caused this Agreement to be duly executed
on the day and year first above written.
Approved by the City Council on the ~
APPROVED AS TO FORM:
By
Glenn R. Kessel
CITY OF PRIOR LAKE:
By
Its Acting Mayor
By
Its City Manager
day of
, 19°~.
DEVELOPER:
By
$ohn C. Andren
[This Agreement must be signed by all parties having an interest in the Property.]
Page 10
STATE OF MINNESOTA
COUNTY OF SCOTT
ss:
On the ~ day of February, 1994, before me, a Notary Public, with and for said County personally
appeared John C. Andren, to me personally known and named in the foregoing instrument;and that said
instrument was signed and sealed on behalf of John C. Andren and acknowledged said instrument to be
the free act and deed.
STATE OF MINNESOTA
COUNTY OF
}
} ss:
}
Notary Public
On the day of February, 1994, before me, a Notary Public, with and for said County personally
appeared Carol Scott and Frank Boyles, to me personally known, being each by me duly sworn did say
that they are the Acting Mayor and City Manager, respectively, of the City of Prior Lake, a Minnesota
municipal corporation, named in the foregoing instrument; and that said instrument was signed on behalf
of the municipal corporation by authority of its City Council and acknowledged said instrument to be the
free act and deed of said municipal corporation.
Notary Public
DA]/CI .WRT
Page 11
COUNTY OF SCOTT
e ? 199 .
Charles C. ~rindle,
William Prlndle, end
D~rothy p. Johnson,
City Of Prior Lake
a~d Scott Couut~,
Defendants.
Fi. No. 94-01174
The above-entitled ~a%ter came on be£ora 2he undersigned on
February 4~ 1994, at the Scott County Courthouse, Shakopee,
~lnne~ta. Phllllp R. Kress, Esq., appeared on behalf o£ ehc
plalat/£fs, Stephen C. Rsthk,, E.q., appeared on behalf of the
defendant Clty andAngela aelse~h, Assistant Scott County A~toz~ey,
appeared on behal£ of the defsndan~ County.
~on all the fi/es, records~ arguments of cou~sel and th~
Cour~ being duly advi=ed in the ~remises, the Court hex~by makes
the following;
1. The C~t¥ of Prior Lake and ~h~ County of ~cot~ are hereby
t~porarily r~straln=d =nd enjoined f~om approving, accepting, or
£iliag th~ Plat of Echo~ Addition to the City of Prior Lake.
2. This T~mp0rary Re~raining Order ks conditioned upon the
Plalnttffs filing a bund in ~he amouut of
3. A conte~ted eviden~tarF hearing on
restraining order in this ma=ret i~ hereby scheduled for F~bruary
17, ~994, 9:00 A.M., at the Scott COUnty Courthouse, Shakopee,
Minnesota.
~0
F~e pl~ad~ngu, af££davl~s~ and ~ub~nsion8 colleotivel~ shO~
the n~ces~ar7 elements £or granting a temporary ~estra/ning order.
policies in an appropriat~ manner when making ~ts decision to
tempora~f approval %0 ~he plat. However, the plaineiff has
tha-~ th~ cul-de-sac prop08~d is longer =han allowed by th~
ordinance 662(x)~ raising ~he question of = ne~d for a vuri~ce,
likelihood o~ success at trial on t~is issue.
The evidentia~hearfng seh~ul~d'by the Court is intended to
give the parties a better o~port~ity tO address t~e basis for the
r~strainfng ~rder. ~lven the extremely short notice and the
l~ediata nature of ~he alleged in~, the Court believas that, in
fa&rn0es to all 9a~fes~ an opport~lty for fuller arg~ent is in
The COur~ has ~ecus~d ~sel~ ~r~m ~hls m~er due ~o
Crea=e a e~f~tcien~ dis=faction for ~h~ Court ~hat no ~arty would
receive ~he a~n~ion ~d fairness ~o which they are
4. ~he und-~8~ed ha~eb~ recuse~ AI,,,'n~=I£ E=om ~u~ther
The attached Memo i. in=orporate~ h~ refe=ence herein,
Hebruary 7~ 1994.
BY THE COURT
EXHIBIT "A"
COST ESTIMATE
FOR
ECHO'S ADDITION
GRADING, SANITARY SEWER, WATERMAIN,
STORM SEWER AND STREET CONSTRUCTION
PRIOR LAKE, MINNESOTA
MOBILIZATION:
(5% Maximum)
Lump Sum = $ 3,000.00
GRADING-.
Common Excavation
(Approximately 400 C.Y.)
Includes Site Streets
and Existing Pavement
Removal
Subgrade
Excavation
Common Borrow
(c.v.)
SANITARY SEWER:
8" PVC, SDR 35
0'-10' Depth
Standard Manhole
(0'-10' Depth)
4" PVC Service Pipe
and 1" Cu. Water
Service Pipe in
Same Trench
4" PVC Service Pipe
8" x 4" Wye
Trench Rock
Connect to Existing
Sanitary Sewer
Manhole
750 C.Y. @ $
8,000 C.Y. @ $
Lump Sum = $ 600.00
2.00/C.Y. = $ 1,500.00
3.50/C.Y. = $ 28,000.00
Sub Total = $ 30,100.00
53 L.F. @ $ 12.00/L.F.
1 Each @ $1,200.00/Each
= $ 636.00
= $ 1,200.00
160 L.F. @ $
17 L.F. @ $
3 Each @ $
11 Tons @ $
15.00/L.F. = $ 2,400.00
8.00/L.F. = $ 136.00
40.00/Each = $ 120.00
9.00/Ton = $ 99.00
1 Each @ $ 500.00/Each = $ 500.00
EXHIBIT "A"
Page 2
4" Insulation
WATERMAIN:
6" DIP, CL. 52
Watermain
Hydrant
6" Valve
1" Copper
Service Pipe
Service Group
Connect to Existing
12" DIP Watermain
(Wet Tap)
Fittings
STORM SEWER:
12" RCP, CL. V
15" RCP, CL. V
Catch Basin
(24" x 36")
Catch Basin
(42" Diameter)
Connect to Existing
Catch Basin
Connect to Existing
18" RCP
STREET CONSTRUCTION:
Subgrade
Preparation
1.5 s.Y. @ $
15.00/s.Y. = $
Sub Total = $
110 L.F. @ $ 12.00/L.F.
1 Each @ $1,300.00/Each
2 Each @ $ 400.00/Each
28 L.F. @ $
3 Each @ $
=$
=$
=$
8.00/L.F. = $
85.00/Each = $
1 Each @ $
67 Lbs. @ $
22.50
24 L.F. @ $
60 L.F. @ $
2 Each @ $
1 Each @ $
1 Each @ $
1 Each @ $
5,113.50
1,320.00
1,300.00
800.00
224.00
255.00
600.00/Each = $ 600.00
1.00/Lb. = $ 67.00
Sub Total = $ 4,566.00
17.00/L.F. = $
19.00/L.F. = $
900.00/Each = $
900.00/Each = $
500.00/Each = $
500.00/Each = $
Sub Total = $
926 S.Y. @ $ 0.50/S.Y. = $
408.00
1,140.00
1,800.00
900.00
500.00
500.00
5,248.00
463.00
EXHIBIT "A"
1-1/2" Bituminous
Wearing Course
(MnDOT 2341A)
2" Bituminous
Wearing Course,
Driveways
(MnDOT 2341A)
3" Bituminous
Base Course
(MnDOT 23318)
6" Class 5
Driveways
Aggregate (100%
Crushed Quarry
stone)
6" Class 5
Aggregate (100%
Crushed Quarry
Stone)
Type D Concrete
Curb and Gutter
6" Concrete Driveway
Sod
Clear and Grub
Existing Trees
Adjust Existing
Frame and
Ring Casting
Raise/Lower Existing
Structure (Includes
Castings)
Remove Concrete
Curb and Gutter
(Includes Driveway
Apron Removal)
Seeding with Mulch
Erosion Control,
Silt Fence
773 S.Y. @ $ 2.25/S.Y.
292 S.Y. @ $ 3.00/s.y.
130 Tons @ $ 18.00/Ton
99 Tons @ $ 8.00/Ton
376 Tons @ $ 8.00/Ton
427 L.F. @ $
23 S.Y. 6 5
2,695 S.Y. @ $
6.00/L.F.
26.00/s.y.
1.50/s.Y.
0.6 Acres @ $2,000.00/Acre
2 Each @ $ 200.00/Each
4 Each @ $ 500.00/Each
284 L.F. @ $ 3.50/L.F.
0.7 Acres @ $ 550.00/Acre
940 L.F. @ $ 2.00/L.F.
=$
_-$
=$
=$
=$
=$
=$
=$
=$
=$
=$
=$
=$
=$
Page 3
1,739.25
876.00
2,340.00
792.00
3,008.00
2,562.00
598.00
4,042.50
1,200.00
400.00
2,000.00
994.00
385.00
1,880.00
EXHIBIT "A"
Page 4
Furnish and Install
1-1/2" Maple Trees
6 Each @ $
100.00/Each = $ 600.00
Sub Total = $ 23,879.75
Total Estimated Construction Cost = $ 71,907.25
EXHIBIT "A"
PETERS, PRICE & SAMSON
LAND SURVEYORS, LTD.
12400 PRINCETON AVENUE SOUTH, SAVAGE. MINNESOTA 55378
612-890-9201 · FAX 612-890-6569
ECHOS ADDITION
LOT AREAS
LOT 1
Area co Survey Line
Area from Survey Line to Lake
~ 15,265 Sq. Ft.
- 3~350 Sq. Ft.
Total 18,615 Sq. Ft.
LOT 2
Area to Survey Line
Area from Survey Line to Lake
- 27,157 Sq. Ft.
- 3,256 Sq. Ft.
Total 30,413 Sq. Ft.
Drainage Easement = 4,934 Sq. Ft.
LOT 3
Area to Survey Line
Area from Survey Line to Lake
= 65,628 Sq. Ft.
- 2,133 Sq. Ft.
Total 67,761 Sq. Ft.
Drainage Easement ~ 31,142 Sq. Ft.
BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS SUBDIVISION DESIGN CONSTRUCTION STAKING
EXHIBIT B
DATE:
TO: CITY OF PRIOR LAKE
4629 DAKOTA STREET SE
PRIOR LAKE, MN 55372
Dear Sir or Madam=
We open Irreovocable Standby Letter of Credit No.
OSD ~ (SPELL OUT DOLLAR AMOUNT 00/11 USDLRS)
in the amount of
In favor of yourselves.
FOR THE ACCOUNT OF: INDIVIDUAL NAME FOR NAME OF DEVELOPMENT
DEVELOPER'S ADDRESS
Ex~ires DATE
at our counters.
This is a clean Letter of Credit available against drafts ~rawn at sight on .
BANK NAME ADDRESS , Minnesota bearing the clause=
Drawn under Standby Letter of Credit Number of BANK
NAME, accompanied by this original Letter of Credit for endorsement.
SPECIAL CONDITION(S)=
1. Drafts must purportedly be signed by
Manager of the City of Prior Lake.
the Mayor or
the City
This Letter of Credit is automatically renewable without
amendment for an additional one year perio~ from the present
expiration date, unless (90) ninety days prior to said expiration
date we shall notify you in writing, by Registered Mail, that we
have elected not to renew this Letter of Credit. But in no event
shall the expiration date extend beyond DATE .
Payment will be made at the counters of ~ANK NAME , Minnesota.
This credit is subject to the Uniform Customs and Practice for Documentary
Credits (1983 Revision) International Chamber of Commerce Publication No.
400.
Unless otherwise stated, all documents are to be forwarded to us by mail, or
hand delivered to OUr counters.
Documents to be directed to= BANK NAME AND ADDRESS
We hereby engage with drawers and/or bona fide holders that drafts drawn and
negotiated in conformity with the terms of this credit will be ~uly honored
upon presentation.
BANK N~ME
AUTHORIZED SIGNATURE
AUTHORIZED SIGNATURE
m
~ X
EXHIBIT "I)"
DEVELOPER AND CITY COST SUMMARY
The following is a summary of developer and City costs for the Echos Addition.
net area of the final plat is 49,751 square feet.
DEVELOPER COSTSfFEF.~q
The
6% Administration Fee
Trunk Sewer & Water Fee
Lateral Sewer & Water
Connection Charge
Stormwater Management Fee
Collector Street Fee
Traffic Signs
DEVELOPER OWES CITY/TOTAL
$ 2,791.94
0.00
0.00
8,358.16
1,425.00
0.00
$ 12,575.10
CITY COSTS
Sanitary Sewer Trunk Costs
(Trunk Reserve)
Water Trunk Costs
(Trunk Reserve)
Storm Sewer Trunk Costs
(Trunk Reserve)
CITY OWES DEVELOPERfrOTAL
0.00
0.00
5,248.00
5,248.00
ECHOS ADDITION
The following is an itemization of the project costs:
Sanitary Sewer
Watermain
Storm Sewer
Street (Includes Street
Grading & Mobilization)
5,113.50
4,566.00
5,248.00
31.604.75
TOTAL PROJECT COST $ 46,532.25
DEVELOPER COSTS
Determine 6% Project Administration Fee:
Total Construction Cost
$ 46,532.25
Developer 6% Administration Fee:
6% of $46,532.25
$ 2,791.94
Determine Amount of Letter of Credit:
Project Cost Total
125% ($46,532.25)
$ 46,532.25
$ 58,165.31
Determine Developer Stermwater Management Fee:
Net lot area is 49,751 sq. i%.
.168/sq. i%. (49,751) sq. t%.
$ 8,358.16
Determine Developer Collector Street Fee:
Net lot area is 49,751 sq. i%. or 1.14 acre
$1,250/ac. (1.14 ac.)
$ 1,425.00
(~ITY COSTS
Developer's Storm Sewer Cost (On-Site)
(From Exhibit A)
$ 5,248.00
o
'~_,XHIBIT E"
SPECIAL CONDITIONS
The Developer is responsible for the installation of the street lighting. The
street lighting shall be approved by the City Engineer prior to installation.
The Developer will maintain the temporary and permanent sedimentation
basins and erosion control until the lots in the addition have turf established.
Removal of temporary sedimentation basins may be in conjunction with other
projects if acceptable to the City Engineer. The Letter of Credit provided
shall be retained in an _amount sufficient to restore the temporary
sedimentation basins. The amount will be determined by the City Engineer.
The Developer is responsible for the cleaning of the ponds prior to
acceptance by the City.
The developer is responsible for installing all the lot corners by February 1,
1995.
Appropriate drainage and utility easements be provided on the plat
acceptable to the City Engineer.
DACH3D.WRT
EXHIBIT "F"
POLICY FOR PRIVATE DEVELOPMENT PROJECTS
CONSTRUCTION INSPECTION OF DEVELOPER PROJECTS AND TESTING
REQUIREMENTS
It is the policy of the City of Prior Lake that construction activity for all private development
projects within the city shall be inspected by city staff personnel or city engineering consultant
firm personnel. The construction inspection fee charged to the private development shall be
based upon the fee structure outlined in this policy and the actual engineering services completed
by the city's Engineering Department or their consultant's representative.
CONSTRUCTION INSPECTION ENGINEERING SERVICES FEE STRUCTURE
Private development projects shall be financially responsible for the engineering inspection and
testing services of the development to the city. The invoices received by the city from
engineering consultants performing inspection or material testing work shall be forwarded to the
Developer for payment. The Developer shall have twenty (20) days in which to pay the invoice
to the consultant firm from the date of receipt of the invoice by the City of Prior Lake. In the
event that payment of an invoice is not made within the twenty (20) day period, the city will
draw on the Developer's letter of credit to pay the invoices received from the city's consultants.
The city will adjust the letter of credit amount in a way to maintain 25% of the net construction
cost plus the remaining construction cost of the project as determined by the City Engineer. If
city staff is used for construction inspection or testing services, the hourly charge shall be as per
the rates established by the city's Finance Director.
CONSTRUCTION INSPECTION SERVICES
The construction inspection services includes the inspecting of public infrastructure construction
relating to the development.
The construction inspection service shall include:
Inspection of public improvement systems which include grading, sanitary sewer,
watermaln, storm sewer/ponding, and street systems. Grading inspection is for
overview of drainage swales and not for detail site grading.
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer, watermain, and storm sewer
facilities.
4. Coordination with testing company for soil and material testing and actual
material testing costs as performed by city consultants or city staff.
All other construction services are to be provided by the developer's engineer which include the
following:
Construction surveying
As-built drawings of development improvements (Tie dimensions
water services from city staff or city consultant)
Construction quantities
Change Orders
Construction administration of project
Construction payment vouchers
to sewer and
1800 I])8 Center
South Eighth Street
Minneapoli., Minne.ota $$402
(612) 339-8131
Minnesota WAT~ (800) 752-4297
FAX (612) 339-8O64
LOMMEN
LAW FIRM
la,,n,ncn. Nelson. G,le & $1ageta.~. . P.A.
GI~ R. K~!
A~y nt ~w
~polis ~
(612) 336-9338
Southside O~ce Plaza, Suite 2A
1810 Crestview Drive
l-lud~on, WI 54016
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
January 20, 1994
IvL~. Deb Garross
Assistant City Planner
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
Dear Deb:
Enclosed please find a copy of a title opinion dated January 3,
1994 issued regarding the South Part of Lot 5, Meadow Lawn, Scott
County, Minnesota.
As you will see from this title opinion, the fee title to the
property was vested as of September 29, 1993, in Marian Carpenter
Andren, as Trustee of the Marian Carpenter Andren Revocable
Trust. A deed from the trustee must be filed for record to place
the property in the name of John C. Andren and Lydia I. Andren
prior to the filing of the plat.
Also, as you can see from Item 8 of the title opinion Of Mark O.
Anderson, the property is subject to a permanent easement for
public utility purposes over, under, and across the North 15 feet
of the Lo.t 5 portion of the property. The proparty also is
subject to a permanent easement for storm drainage purposes over,
under, and across the West 5 feet of that portion of the property
which lies South of the North 230 feet thereof. Those easements
are covered by an easement document recorded with the Scott
County Recorder on July 11, 1986, as Document No. 221529 and by
an easement document recorded with the Scott County Recorder on
September 10, 1987, as Document No. 238700. It doesn't appear
that those easements are set forth on the proposed plat of Echos
Addition.
Finally, I would recommend that the certification by the City
Attorney be changed. The current certification indicates that I
have examined the Certificate of Title of the plat. That has not
been the case. My usual certification merely certifies that I
Lommen, Nelson, Cole & Stageberg, P.A.
Ms. Deb Garross
january 20, 1994
Page 2
have examined the plat and recommend the plat for approval as to
form.
Deb, please give me a call should you have any questions
regarding my comments.
Very truly yours,
L~,MMEN, NELS~, COLE & STAGEBERG, P.A.
Glenn R. Kessel
GRK:dh
enclosure
$: ~SHDATA\ 16772G~OP.K~EITERS~GARROSS- LTR
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
Planning
Ralph Teschner, Finance Director
THE ECHOS
(final plat assessment/fee review)
January 18, 1994
PlO Lot 5 Meadow Lawn (PIN g25 135 005 0) was served with water and sewer utilities in 1982
under Project 82-3. The property was assessed 282' of frontage and 2.53 acres which is
equivalent to 100% assessment for this parcel.
All past applicable deferred assessments have been called and distributed against the land. The
tax status of the property is in a current state with no outstanding delinquencies. The balance of
special assessments remaining are detailed as follows:
Legal Description PIN Number Code Type Amount
P/O Lot 5 25 135 005 0 73 Paving $1,185.60
Meadow Lawn 74 S&W $24,435.12
Based upon a lot count of 3, a unit assessment redistribution for paving would be $395.20 per lot.
These assessments have a remaining term of three (2) years. The unit amount for water and
sewer would be $8,145.04 per lot and would be re-certified for a period of 12 years.
In addition to these assessments, the subdivision would be subject to the following development
fees to be collected upon approval of the administrative lot split:
Trunk Water & Sewer Charge:
~;torm Water Management Fee:
55,234 sf @ 16.8/sf = $9,279.31
Collector Street Fee:
1.26 ac. @ $1250.00/ac = $1,575.00
Because a residential home exists on Lot 2, Block 1, the net lot area calculation is
restricted to the two (2) undeveloped lots.
SPLT~.WItT
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 4474245
AN E~UAL OI~ORTUNITY EMI~.OYER
sTREET & YARD TREE PLANTING REQUIREMENTS
o
Ail boulevard and yard trees shall have a trunk not less than 2 1/2' in
caliper and the root shall he hal led and burlapped.
l~quired street trees shall he located as shown above: hetween four
.and ten feet from the front property line. Front yard trees may he
located anywhere in the front yard but not less than four feet from the
front property line. Trees may not he planted in areas which would
interfere with underground utilities (water, sewer, gas, telephone,
electric). Consult utility cad, any before planting.
On corner lots, no trees shall be permitted within the clear view
triangular area defined as follows: Beginning at the intersection of
the projected lot lines of the corner lot, thence forty feet (40')
along one lot line, thence diagonally to a point forty feet (40') frcm
the poht of beginning on the opposite lot line. See diagram for
clarification.
4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Pk. (612) 447-4230 / Fax (612) 447-4245
Not less than two nor more than three species c~ trees shall be planted
in any block. Not less than 20 percent nor more than 50 percent o~ the
total trees planted in a block may be of the same species.
No required tree shall be planted in soil too poor to insure the 9rowth
of such trees unless 27 cubic feet of soil is £emoved and replaced with
loa~.
The soil over the toot system shall be 'dished' to acute 5
gallons of water and a 3' deep wood chip mulch shall be installed over
the area disturbed in planting.
water proof
period fr~m
Required trees shall be wrapped with first quality heavy
crepe paper manufactured for this purpose during a
September 15 to April 1 of the first growing season.
Trees shall be given a minin~m application of 10 gallons of
week during the first growing season.
Tree Species Permitted
A. Acer platanoides
water per
Varieties: Crimson King
Cleveland, ~merald Queen,
Jade Glen, l%oyal Red, and
Schwedler
B. Acer rubru~
C. Acer sacchar~u
D. Celtus occidentalis
E. Fraxinns pennsylvania
lanceolata
~aple l~d or S~ranp & Northwood
~&~ple. Suqar or l~ard
Varieties: Stmuit, and
Marshall' s Seedless
z. ~ biloba
G. Gleditsia tricanthos
(male only)
Varieties: Thornless, Imperial,
Shademaster, and Sun Burst
H. Quercus
Varieties: Pin & Swamp White
I. Tilia
Varieties: American,
Littleleaf, Greenspire, and
NOTICE OF FINAL PLAT CONSIDERATION
FOR ECHOS ADDITION
You are hereby notified that the City Council will consider the final plat of Echos Addition on
Monday, February 7, 1994 at or about 7:30 p.m. The meeting will take place in the Prior Lake
City Council Chambers at 4629 Dakota Street S.E., Prior Lake, MN 55372.
If you desire to be heard in reference to this matter, you should attend this meeting. The City
Council will accept oral and or written comments. If you have questions regarding this matter,
contact the Prior Lake Planning Department at 447-4230.
Deb Garross
Assistant City Planner
Date mailed: January 18, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQU..td. OPPORTUNITY EMPLOYER
~IN N
RESOLUTION 93-6S
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE
PRELIMINARY PLAT OF THE ECHOS.
MOTION BY:
WHITE SECOND BY: SCOTT
the City Council held a pubU¢ hearing on the 2nd day of August, 1993 to
consider a petition submitted by John C. Andren to approve the
Preliminary Plat of The Echos; and
WHEREAS
Notice of the pubU¢ hearing on said motion has been duly pubUshed and
posted in accordance with the applicable Minnesota Statutes.
NOW, THEREFORE, BE IT RESOLVED BY ~ CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that it should and hereby does approve the Preliminary Plat of The Echos subject
to the following:
Sewer, water, street and storm water plans should be revised and submitted acceptable to
the City Engineer.
All lots must contain 90' of lot width at the front setback line and 75' of width at the 904
contour line. The preliminary plat should indicate the lot width measured at the 904 and
25' front yard setback line.
Utility and drainage easements be provided along lot lines, for any public improvements
and for the drainage low area on Lots 2 and 3.
4. A site construction plan should be provided.
Utility service lines per City policy are to be installed to the utility and drainage easement
The culvert shown to drain Lot 1 under Lot 2 driveway should be eliminated. Drain Lot 1
area to storm sewer pipe. Convert to storm sewer system. Manhole by Beach Street has
an invert elevation of 902.40.
Se
Developer should provide lO0 year flood elevation for low area and survey elevation of
emergency overflow of this area.
Developer should provide an additional easement on Lot 3 for emergency overflow
spillway of the Iow area on Lot 3.
4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 I Fax (612) 447424,5
,~ EQUAL OPPOffl'L~aTY EMPLOYER
10.
11.
12.
13.
A planting concept plan addres~g t~eo planting requirements of ~tion 6-?-! of thz
Subdivision Ordinance should be submitted, acceptable to the City Planning DLrector.
Fill is permitted ns part of a development project in areas above 904 provided a grading
permit is obtained from the City of Prior Lake. Fill must be protected from eroston by
vegetation or other methods. Filling permits and Building permits proposed within the
Flood plain district must be filed in duplicate with the City which will forward one copy
to the DNR for review and comment.
Low floor elevation is 909. Finished fill elevation on each proposed lot shall be at least
at elevation 908, measured 15' beyond the limits of any structure. A grading, drainage
and erosion control plan should be submitted acceptable to the City Engineer and DNR.
All proposed lots must contain a building pad at or above elevation 909. The grading
plan should be revised anticipating future removal of the existing home on Lot 2, and
showing a future grading plan consistent with provisions of the Flood Plain Ordinance.
All public utilities and facilities such as gas, electric, sewer, water located within the
flood plain at an elevation lower than 909 shall be flood proofed in accordance with the
State Building Code or elevated above 909.
Passed and adopted this 2nd day of August, 1993.
*NOTF~
YES NO
Fitzgerald Fitzgerald
Kedrowski X Kedrowski
Scott X Scott
White X White.
X
Andrea vacated the chair and did not participate
City of Prior Lake
ISeal}
e
e
MINUTES OF THE CITY COUNCIL
Monday, August 2, 1993
8:00 p.m.
CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order
on Monday, August 2, 1993 at 8:00 p.m. in the City Council Chambers. Present were:
Mayor Andren, Councilmembers, Fitzgerald, Kedrowsld, Scott a~d White, City Manager
Boyle~, Assistant City Manager Kuhlmann, Planning Director Graser, Assistant Planner
Garross, Public Works Director Anderson, City Attorney Kessel and Recording Secretary
Birch.
PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of allegiance and welcomed
everyone to the meeting.
CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING
MOTION BY, KEDROWSKi, SECONDED BY, FITZGERALD, TO APPROVE THE JULY
19, 1993 MINUTES AS SUBMITTED.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion
passed unanimously.
CONSENT AGENDA:
a. Consider Approval of Invoices To Be Paid
b. Consider Approval to Police Computer System Bid.
c. Consider Approval of Variance for Al Skaja D.B.A. Valley Sign.
MOTION BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE CONSENT Cor~er~
AGENDA ITEMS (a) THRU (c)
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Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion
passed unanimously.
PUBLIC HEARING:
A. Conduct Public Hearing to Consider approval of Resolution 93-65 and
Preliminary Plat for the Echos Subdivision - Mayor Andren vacated the chair due
to a personal Interest in the Issue and passed the gavel to Acting Mayor
Kedrowski. City Manager Boyles gave a brief synopsis of the item. Assistant
Planner Garross presented a drawing of the plat and discussed details of the
request. Consultant Ed Hasek of Dahlgren, Shardlow and Uban representing the
applicant, gave a brief historical overview of the proposed plat, noting that it had
been a plat of record since 1918, and discussed the proposed access options to
adjacent properties. Ms. Garross then discussed requirements dictated by
Shoreland Management Ordinance, whether the Iow portion of the property was
considered a wetland, the 904 and 909 flood plain provisions, and stated that one
of the issues was consideration of access to the property and to adjacent vacant
properties. Ms. Garross reviewed the Development Review Committee's (DRC)
recommendation for the plat, road connection, proposed access designs and the
13 contingencies recommended by the DRC.
RS 99..-65
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4629 Dakota St. S.F... Prior Lake, Hinnesota 55372 / Ph. (612) 4474230 / Fax (612)
A~ £QU~L OPPO~ E~4PI.OYE~
Prior Lake City Council Minutes
August 2, 1993
Ed Hasek then reviewed the proposed access and building pad for lot 3. A short
discussion occurred on the lot of exception, however, neither the applicant, staff
or any of the property owners could recall the history of that particular lot.
Attorney Rod Krass, representing the Prindle family who own lots 2 and 4,
addressed the Council regarding access to the western property line of lot 4 and,
requested that Council table the item in order for the developer of lot 5 to revise
the current cul de sac plan to allow access to the Prindle property.
The following property owners and residents expressed their support for the
development:
Genevieve Bolger -
4560 Meadowlawn Trail
Randy Daud - 4565 N.E. Beach Street (Mr. Daud also
presented a letter for the record signed by the residents on Beach Street
opposing a through street across the Andren property.
Kathryn Dahlgren
4979 Beach Street
Charles Prindle Lakeside, Montana (part owner of lots 4 and
2.) requested access across the proposed development.
Public Works Director Anderson discussed Mr. Prindle's request to construct a
road to his property, and reviewed the restrictions with regard to topography, the
negative environmental impact of clearing the mature hardwood trees for a
street, erosion effects, water runoff, etc. Further discussion occurred regarding
Mr. Prindle's present access across 80 acres to the north which currently
provides access to lots 2, 3, and 4. Genevieve Bolger, partial owner of the 80
acres, addressed the Council and stated that the owners of lots 2, 3, and 4 have
always had access across her land.
Council discussion occurred regarding topography, access to the north and
length of proposed cul de sac. Councilmember Fitzgerald requested the item be
tabled for the purpose of allowing the Prindle family to present a proposal for
access and a development plan for their property.
MOTION BY WHITE, SECONDED BY SCO'n', TO ADOPT RESOLUTION 93-65
APPROVING THE PRELIMINARY PLAT OF THE ECHOS SUBDIVISION.
Upon a vote taken, ayes by Kedrowski, Scott and White; nay by Fitzgerald, the
motion carried, Andren was absent from chair.
A short recess was called.
The meeting reconvened at 9:55 p.m.
PRESENTATIONS:
Presentation by Pat Kennedy, Chairman of the Violence Prevention Committee,
Regarding Proposed Community Values. City Manager Boyles discussed his
proposed changes to the Values. Pat Kennedy explained the purpose of the
values, background, etc. Jerry Spies explained the purpose of the Violence
Prevention Committee and the process used at the public meetings to condense