HomeMy WebLinkAbout8D - AFSCME Labor AgreementSTAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
8 D
FRANK BOYLES, CITY MANAGER~ tV
CONSIDER APPROVAL OF A LABO_~R/AGREEMENT FOR CALENDAR
YEAR 1994 AND 1995 BETWEEN THE CITY OF PRIOR LAKE AND
THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES (AFSCME) REPRESENTING OFFICE, TECHNICAL AND
MAINTENANCE EMPLOYEES
AUGUST 15, 1994
BACKGROUND:
ISSUES:
For almost a year now City staff with the assistance of Peter Bergstrom
and Kathy Eilers have been negotiating with representatives of AFSCME
Local 14 representing office, technical and maintenance employees to
reach an agreement on the first labor agreement. The bargaining unit is
scheduled to vote to ratify a proposed two year agreement on Monday
evening August 15. If the union membership ratifies the agreement, then
we will ask the City Council to do the same.
After numerous negotiation sessions, it became apparent that the City
and union were not making effective progress. Consequently, the Bureau
of Mediation Services began meeting with the two parties. After four
mediation sessions, it appears that an agreement has been reached
which addresses each of the issues of importance to the union
membership and city.
It is not appropriate to make the specifics of the agreement public unless
the bargaining unit ratifies the proposal. By the time the item is
considered by the Council we should know the outcome of the union vote.
We will provide the City Council with a written list of the contract
provisions at the Monday evening meeting or sooner if at all possible.
The proposed two year contract year proposal addresses the concerns
which the Council identified when we initiated the negotiation process
issues. Longevity, insurance cap, pay for performance and educational
incentive have been adressed. I believe the agreement is a reasonable
one and should be supported by the City Council. The two year
agreement will provide us with time to evaluate its effectiveness.
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4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY E~PLOYER
ALTERNATIVES:
RECOMMENDATION:
Ratify the the terms of the two year labor agreement
Defer action for additional information.
Specifically deny ratification.
Alternate #1. I believe that the proposed two year agreement is
reasonable and addresses each of the party's highest priority
issues. If the Council votes to ratify the agreement we will
proceed to prepare a written contract document. The Finance
Director is in the process of calculating the costs of the labor
agreement in order that they can be implemented with minimum
delay.
AG8D.WRT
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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 day of ,19
94, by and between the City of Prior Lake, a municipal corporation organized under the laws of
the State of Minnesota and David Carlson Companies, Inc., a Minnesota corporation, and Prior
Lake Development L.P., a Minnesota limited partnership.
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 final plat approval to
Sterling South at The Wilds 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.
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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 David Carlson Companies, Inc., and
Prior Lake Development L.P., 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 (125% of Cost of Developers Improvements).
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"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.
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"City Council" means the Prior Lake City Council.
"City Engineer" means the City Engineer of the City of Prior Lake.
"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 David Carlson Companies, Inc. its successors and assigns.
"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 ail reai 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 November 15, 1994.
"Second Completion Date" means July 1, 1995.
"Including" means including, but not limited to.
"Letter of Credit" means an irrevocable letter of credit in the amount of $1.000.000.00
of which $858.335.43 represents 125% of Cost of Improvements for Sterling South At
The Wilds 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 accordance with the
policies and ordinances of City as City may adopt from time to time.
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"Street Improvements" means street grading, graveling, and stabilizing including
construction of boulevards and turf 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 governmental 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.
"Payment and Performance Bond" means the Payment and Performance Bond in the
amount of Four Million Forty-eight Thousand Four Hundred and Ninety-five Dollars
($4,048,495) as required by Section 6.21 in the City of Prior Lake Development
Agreement with The Wilds Golf Club and Residential Planned Unit Development dated
October 22, 1993, and as required by Amendment No. 1.
This Agreement 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 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
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2. DEVELOPER IMPROVEMENTS
Developer shall construct and install, 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,
zoning, building code and public health laws and regulations) and according to the plans,
specifications, drawings and related documents submitted to and approved by City
Engineer for the Subdivision prior to commencement of any construction 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 executed 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 project 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.
Prior Lake Development L.P., as a party to this agreement, shall provide security for
Sterling South improvements by allowing the one million dollar Letter of Credit, and the
$4,048,495.00 Performance Bond, as defined in the City of Prior Lake Development
Agreement with The Wilds Golf Club and Residential Planned Unit Development dated
October 22, 1993, and as amended on August 15, 1994, originally authorized to secure
improvements for Phase I of The Wilds, to be utilized if required in such form as the City
shall require. The required security for Sterling South improvements is $858,335.43.
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.
As-built location dimensions for sanitary sewer, watermain, and storm
sewer facilities.
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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
limited to:
A. Construction surveying.
As-built drawings of development improvements (Tie dimensions to
sewer and water services from City staff or City consultant).
C. Construction quantities.
D. Change orders.
E. Construction administration of project.
F. 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 if 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/warranty, 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/warranty.
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 they are 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.
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Developer represents and warrants that the Developer Improvements will conform to all
laws, regulations and ordinances of all local, state and federal government authorities.
4. TRUNK COSTS/PARK TRAILS:
City and Developer agree that the Developer Improvements should be oversized for the
benefit of future development for other projects in the City. City and Developer agree
that the cost of system oversizing and storm water system credit to be reimbursed to the
Developer by the City is $154.999.10 based upon an estimate as determined by the City
Engineer.
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
$3,000.00/net acre
Trunk Storm Sewer (Res.)
$ .168/net sq. ft.
Collector Street Fee
$1250.00/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.
The Developer will install the City's Park Trail within the subdivision concurrently with
other Developers improvements. The City will reimburse the Developer the cost of trail
improvements as shown in Exhibit D, and is included in the cost of system oversizing
total listed previously.
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 amounts 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 $1.000.000.00 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 taken out and maintained with
responsible insurance companies licensed to transact business in the State of Minnesota.
Certificates evidencing such insurance shall be furnished to City upon commencement of
construction of Developer's Improvements. Each policy shall contain a provision that the
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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 its 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.
STREET MAINTENANCE DURING CONSTRUCTION.
Developer shall be responsible for all street maintenance until the Subdivision is accepted
by the City. Warning 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 be 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 SUBDIVISION
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 Letter of Credit 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.
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8. RELEASE, HOLD HARMLESS.
10.
11.
12.
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 take any one or more of the
following actions without notification:
a. City may suspend its performance under the Agreement.
b. City may cancel and rescind this Agreement.
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City may draw upon any guaranty, the payment and Performance Bond,
the Cash Escrow Deposit, and/or Letter of Credit, the Construction
Inspection Cash Escrow Deposit provided to City pursuant to any of the
terms of this Agreement according to its terms.
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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.
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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.
ASSIGNMENT.
Developer represents and agrees for its successors and assigns that Developer has
not made or created and that they 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.
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
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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 mail (return 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:
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:
David R. Carlson
2400 Mayflower Avenue
Minnetonka, MN 55305
Richard K. Burtness
2500 Wilds 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.
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This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shah constitute one and the same
instrument.
Whenever an Event of Default occurs and City shall employ attorneys 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 it 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, its employees
or agents.
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:
day of
DEVELOPER:
DAVID CARLSON COMPANIES, INC.
By
By
Glenn R. Kessel
Its
CITY OF PRIOR LAKE:
Prior Lake Development L.P.
By
Its Mayor
By RKB. Inc.
Its General Partner
By
Its City Manager
By
Its President
[This Agreement must be signed by all parties having an interest in the Property.]
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STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
1994, by David R. Carlson, the President of David Carlson Companies, Inc., a
Minnesota corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA }
} SS:
COUNTY OF }
The foregoing instrument was acknowledged before me this day of
1994, by Richard K. Burtness, the President of RKB, Inc., which is the general
partner of Prior Lake Development L.P., a Minnesota limited partnership, on behalf of said
partnership.
Notary Public
STATE OF MINNESOTA }
} SS:
COUNTY OF )
On the ~ day of , 19 ., before me, a Notary Public, with and for said
County personally appeared Lydia Andren and Frank Boyles, to me personally known, being
each by me duly sworn did say that they are the 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 and acknowledged said
instrument to be the free act and deed of said municipal corporation.
Notary Public
DASSAW.F. NG
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NOTE TO DEVELOPERS:
The costs whether a bid or estimate, as set forth in the Developer's Agreement are fixed.
There is no reimbursement to the City, by the developer for cost under runs or to the
developer by the City for cost over runs.
Developer:
City of Prior Lake:
David R. Carlson
Richard K. Burtness
DASSAW. ENG
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PIONEER
en ineer'ing
EXHIBIT A
Mike Morley
Prior Lake Developemnt
2500 Wilds Parkway
Prior Lake, MN 55372
August 10,1994
M!,~e:
Dear '"
The City of Prior Lake requested Pioneer Engineering size the
Sterling South Town~ome lift station to serve an additional 32
acres of developable land in the City of Prior Lake. On August 3,
1994 you asked for the increase in cost to do this. 'The following
table is a cos~ breakdcwn for relocating the lift station as well
as increasing the pump capacity to serve the additional 32 acres.
QUANTITY UNiT DESCRIPTION UNIT PRICE COST
203 L? 8" PVC SDR 26 12-i4' DEPTH $22.00 $4,466.00
16 LF 8" Pvc SDR 26 14-16' DEPTH $23.00 $ 368.00
6 LF 8" PVC SDR 26 16-18' DEPTH $24.00 $ 144.00
30 LF 8" PVC SDR 26 18-20' DEPTH $30.00 $ 900.00
20 LF 8" Pvc SDR 26 20-22' DEPTH $34.00 $ 680.00
15 LF 8" PVC SDR 26 22-24' DEPTH $38.00 $ 570.00
20 LF 8" D.i.P. CL52 16-la' DEPTH $30.00 $ 600.00
300 LF 8" PVC C900 $17.50 $5,250.00
2005 LF 8" VS 6" PVC C900 $1.70 $3,408.50
9 VF SANITARY SEWER EXTRA DEPTH $80.00 $ 720.00
1 LS INCREASE PUMP CAPACITY $2,300.00 $2,300.00
(FROM 250GPM TO 350 GPM)
INCREASE MOTOR SIZE $1,900.00
INCREASE STARTER SIZE $ 900.00
UPGkADE ELECTRICAL
Total
1 LS $!,900.00
1 LS $ 900.00
= $22,206.50
The estimate to increase the pump capacity was provided by Vern
Carlson of Dunnick Brothers Inc.
If you have any questions regarding this matter please feel tree to
give me a call.
Sincerely,
Nicholas Polta
20,22 Enterprise Drive ' Mencleta Heights, Minnesota 551 20 · (63 2) 681-1 914 · Fax 681
625 Highway 10 N.E. ' Blaine. Minnesota 55434 - (61 2) 703-1 880 - Fax 783-I 883
EXHIBIT A
PRELIM[NRRY EST[MRTE
FOR
CONTRRCT PROPOSAL
FOR
ST[RLING SOUTH TOWNHOHES
PRIOR LAKE, HINNE$OTR
Prior Lake Orvelopmer, t, L,P,
c/o Pioneer Engineering,
2422 Enterprise Drive
Mendota Heights, ~innesota 55120
RE: Bid open&ng
at Pioneer Engineering, P_A., 2422
Enterprise drive, Mendot& Heights, Minnesota, 55120.
Dear $£r:
The undersigned bzdder, having examined the site of the proposed work and having full
knowledge of the conditions under which the work must be performed, hereby proposes
that he enter into and perform the contract set forth in the Contract Documents, of
which this proposal forms a part, and w£11 do the construction therein descr£bed on
the terms and conditions therein set forth, and that he wilJ furnish all requ/red
labor, tools, equipment, and materials, and pay all incidental costs, all ~n strict
conformity with the Contract Documents, for the fol!ouing prices as payment in full.
Section A - Sanitary Sewer
l& L.F. B" PVC SDR 35 0-10' Depth ~ 17.50 /L.F. = $__280.00
?37 L.F. 8" P¥£ SOR 35 10-12' Depth ~ ~.8,50 /L.F. = $. !~,G~o...50
528 L.F. 8" PVC SOR 35 12-14' Depth ~ .~0.00 /L.F. : $ ~0,560.00
89 L.F. 8" PVC SOR 35 14-16' Depth @ 21.00 /L.F. = $ 1,BG9.O0
22 L.F. 8" PVC SDR 2G 0-10' Depth @ I~.SQ /L.F. = $ 42~.00
30 L.F_ 8" PUC SDR 26 10-12' Depth ~_ 20.50 /L.F. = $ &lS.00
524 L.F. 8" PUC $OR 2G 12-14' Depth @ 22.00 /I.F. = $ 11,528.00
490 L.F. 8" PVC $OR 2~ 14-16' Oepth ~ Z3.00 /L.F. = $.. 11,270.00
490 L.F. 8" PUC SDR 26 1G-IS' Depth ~ 24.00 /L.F. = $ 11,760.00
62 L.F. 8" PVC SOR 26 18-20' Depth ~ $~.00 /L.F. = $ 1,Q~0.90_
30 L.F. 8" PUC SDR 2G 20-22' Depth @ 34.00 /L.F. = $ 5,100.00
40 L.F. 8' D.I.P_ C1-52 O-lO' Depth ~ 22.00 /L.F. = $~ 88~2.00
2005 L_F. 8" CgO0 Forcemain ~ 17.50 /L.F. = $ 3.5,087.50
ZO Each Sanitary Se~er Manhole (lO'Depth) @ 1300.OO /Each = $ ~$.000,00
EXHIBIT A
106.29
5280
~1.85
88
5O2
1
V.F. Sanitary Sewer Hanhoie Extra Depth
L.F. 4" PVC Service
V.F. Out=£de Drop
8" x 4" PVC Wyes
C.Y. Granular Foundation
Each Connect To Existing
Each Sewer Test
Section B - Watermain
80.00
1SlO
1245
160
4884
8
4
67
67
4460
21
21
1050
3
275
1
1
1060
7.50
~ 225.0o
e 32.00
~ 15.00
@ 450.00
~..350.00
Section A- Sanitary Sewer - Total
L.F. 12" O.I.P. C1-52
L.F. 8" O.I.P. C1-52
L.F. 6" D.I.P. C1-52
Lbs. 0.I. Fittings
Each Fire Hydrant & Gate Valve
Each 8" Gate Valve & Box
Each 12" Butterfly Valve
Each 1" x 1" Corporation Stop
Each 1" Curb Stop & Box
L.F_ 1" Copper Service Pipe Type K
Each l-l/4'xl-l/4"Corporation Stop
Each 1-1/4"x1-1/4" Curb Stop & Box
L.F. 1-1/4" Copper Service Pipe Type K
Each 2" Irrigation Service
C.Y. Granular Foundation
L.S. Water Test
Each Connect to Existing
S.F. 2' Insulation
/V.F. ~ $ 8,503.00
/L.F. = $_ 39~600.00
/Each = S 2,816.00
/C.Y. : s_ ?,530.00
/Each = s 450.00
/Each = $ 350.00
$ !96,071.45
33.09_
20.00
17.00
.75
1750.00
@ 950.00
/L.F. -- $ 49~830.00
/L.F. = $ 24,90o.00
/L.F. = $~
/Lbs. = $ 3,663~0o
/Each -- $ 14,000~o
30.00
75,00
?,Oo
50.00
tO0.O0_
lo.~9.
3OO.QQ
15.00
225.00
7.50
Section B - Watermain - Total
/Each = $ 980_Qo
/Each = $ 3,800.00
/Each = $ 2~010.00
_/Each = $ 5,025.00
. /L.F. = $ 31,122.00
/Each = $_ 1,050.00
/Each = $~ 2,100.00
/L.F. = $0~
/Each = $ 900.00
/C.Y. = $ 4,125.00
/L.5. = $ 425.00
/Each = S 225.00
/S.F. = $ 7,950.00
S~
EXHIBIT A
Section C - Storm Sewer
537 L.F.
61 L.F.
960 L.F. 15" RCP CLV 0-10'
246 L.F. 18" RCP CLV 0-10'
71
415
35
190
3
1
8
3
1
1
7
1
1
1
1
1
43
30O
3.34
L.F. 18" R£P CLU Z0-12'
L.F. 24" RCP CLV O-ZO'
L.F. 24" RCP CL9 10-12'
L.F. 30" RCP CLV 0-10'
L.F. 33" RCP CLV O-ZO'
Each 4' Diameter Manhole
Each 4.5" Oiameter Manhole
Each
Each 5' Diameter C.8.H.H.
Each 6.0 Diameter C.8.M.H.
Each 6.5' Diameter C.B.H.H.
Each 2'x3' Catch Basin
Each 4' Diameter Skimmer
Each 12" F.E.S. w/Trash Guard
Each 18" F.E.S. w/Trash Guard
Each 30" F.E.S. u/Trash Guard
Each 33" F.E.S. w/Trash Guard
C.Y. RIP RAP w/Granular Filter
C.Y. Pipe Bedding
¥.F. Extra Oepth Manhole
25.00 /L.F. = $ 13,425.00.
27.00 /L.F. = $ 1.&47.00.
27.00 /L.F- = $ 25,920.0Q
30~00 /L,F. = $_ 7,380..00
S5.oo /L.F. = s_ 2,485.0~
39.00 __/L.F. = $ ~6,185-00
43.0Q /L.F. = $ ~,505.00
48_00 /L.F. = $ 9,120.00
50,00 /L.F. = $ 10,500.00
900.00 /Each = s 2,?Oo.o0
12OO.OQ /Each = $__ 1,200,00
e~_1400.00 /Each = $ 11,200.00.
1650.00 /Each = $ 4~950-00
2050.00 /Each = $ ZOSO.O0
2~50.00 /Each = $ 2,[50.00
900.00 /Each : $ 6,300.0Q.
2200.00 /Each = $ 2,200.00
~00.00 /Each = $ SO0.O0
525.00 /Each = $ 525.0Q_
~200.00 /Each = $ 2,400.00
@ 1500.00
50.00
15.00
@ 90.00
/Each = $ 1 500.00
/C.Y. = $
/£.y. = $ 4,50O.QO
/V.F. = $ 300.&O
Total Section C - Storm Sewer -Tota[
Section O - Street Construction
8643 S.Y- Subgrade Preparation ~ .35 /5.Y. : $ 3~025.05
EXHIBIT A
2444
1027
6S0
S6&9
1360
85
16
4
40
1
Tons Aggregate Base Cl. 5
([QO~ Crushed) ~nDot 3[38
Tons Bituminous Base HnDot 2331
Gallons Tack Coat HnOot 2357
Tons 8£tum£nous Wear HnDot Z34[
L.F. B-6[2 Concrete Curb & Gutter
L.F. 8-61Z Concrete Curb & Gutter
(Tipped out)
L.F. 6" Concrete S£dewalk
Tons Sand Cushion for Sidewalk
Each Rdjust Catch Basin Casting
Each Rdjust Hanhole Casting
Each ~djust Gate Yalve
L.F. Sawcut Bit. Pavement
L.S. Backfill Curb & Gutter
(Restore Blvd., Seed & nulch,Signage)
6.50 /Tons = $ 15,886,0Q
Z2-O0 /Tons = $ Z2~594.00
l.O0 /Gal. = $ _ 374~90
24.00 /ion = $ 15,600.00
6.00 /L.F. = $_34,014.00
~.25 /L.F. = $ 2,631.2~
~2.00 /L.F. = $ 16,320.00
5.90 _._./Ton = $ 425.00
165.00 /Each = $ 2,960.00
a 2oo.0o
/Each = $_3,000.00
~40.00 /Each = $ 560.00
2.25 /L.F. = $ 90.00
lO,O00-09 /L.S. = $ 10,000,0~0
Total Section O - Street Construction $ 1Z7,479.30
Section E - Lift Station
1 L.S. Complete Lift Station ~_ 65,000.00 /L.S. = $
Total Section E - Total Lift Station S
65,000.00
65,000.00
lotal Section
Total Section
Total Section
Total Section
Total Section
Preliminary Est(mate Total PKoject
sl~~
$ 165.325-00
$ 132,792.60
S 65,000.00
s~.3s
EXHIBIT "B"
NO.
DATE:
TO:
CITY OF PRIOR LAKE
4629 DAKOTA STREET SE
PRIOR LAKE, MN 55372
Dear Sir or Madam:
We open Irrevocable Standby Letter of Credit No.
$ (SPELL OUT DOLLAR AMOUNT 00/11 USDLRS).
in the amount of USD
In favor of yourselves.
FOR THE ACCOUNT OF: INDIVIDUAL NAME FOR NAME OF DEVELOPMENT
DEVELOPER'S ADDRESS
Expires DATE
at our counters.
This is a clean Letter of Credit available against drafts drawn 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):
Drafts must purportedly be signed by the Mayor or the City
Manager of the City of Prior Lake.
2 o
This Letter of Credit is automatically renewable without
amendment for an additional one year period 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 BANK 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 duly honored
upon presentation.
BANK NAME
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
m
EXHIBIT "D"
DEVELOPER AND CITY COST SUMMARY
The following is a summary of developer and City costs for "Sterling
South at The Wilds". The net area of the final Dlat is 19.58 acres.
DEVELOPER COSTS/FEES
6% Administration Fee
Trunk Sewer & Water Fee
Storm Water Management Fee
Collector Street Fee
Traffic Signs
$ 39,573.71
58,740.00
143,288.00
00.00
100.00
DEVELOPER OWES CITY/TOTAL
$241,701.71
CITY COSTS
Sewer Trunk Costs
(Trunk Reserve)
Water Trunk Costs
(Trunk Reserve)
Storm Sewer Costs
(Trunk Reserve)
CITY OWES DEVELOPER/TOTAL
$ 22,206.50
00.00
132,792.60
$154,999.10
STERLING SOUTH AT THE WZLDS PROJECT COSTS
The following is an itemization of the project costs:
Sanitary Sewer
Watermain
Storm Sewer
Street Construction
Lift Station
$196,071.45
165,325.00
132,792.60
127,479.30
65.000.00
TOTAL PROJECT COST $686,668.35
DEVELOPER COST~
Determine 6% Project Administration Fee:
Total Construction Cost
Minus Sanitary Sewer Trunk Cost
TOTAL PKO~TECT COST
Developer 6% Administration Fee:
6% of $659,561.85
Determine Amount of Letter of Credit:
This Letter of Credit for this development
will be included in the amendment to
The Wilds Developers Agreement.
Project Cost
125% ($686,668.35)
Determine Developer Trunk Sewer & Water Fees:
Net lot area is 19.58 acres
$3,000/acre x 19.58 acres
Determine Developer Stormwater Management Fee:
Net lot area is 19.58 acres or 852,904.80sq. ft.
$.168/sq. ft (852,904.80) sq. ft.
Determine Developer Collector Street Fee:
Net lot area is 19.58 acres:
The Collector Street Fee has been paid for within
the Development Contract of The Wilds Development.
Amount Developer owes for traffic signs
2 signs ~ $50/sign
$ 686,668.35
$< 27,106.50>
Storm Sewer Credit
Developer's Storm Sewer Cost
(From Exhibit A)
$ 659,561.85
$ 39,573.71
$ 686,668.35
$ 858,335.43
$ 58,740.00
$ 143,288.00
$ 100.00
$ 132,792.60
EXHIBIT
SPECIAL CONDITIONS
o
10.
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 90% of the lots in the first phase have tuff 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 comers by August 15, 1995.
Final Plans have not been approved by the City's Engineering Department. Any
necessary changes to the Plans as determined by the City Engineer will be at the
Developer's Cost.
The private streets shall be posted "no parking" on both sides of the streets to provide for
fire access to the buildings.
The Prior Lake Development L.P. securities for The Wilds be incorporated to provide the
Letter of Credit security for Sterling South At The Wilds.
The drainage channel located in the southwest comer of the plat be stabilized and the
permanent water quality pond in this area as proposed in The Wilds PUD be constructed
concurrently with the construction of improvements for the development. Any cost
associated with easements, construction of water quality pond, wetland mitigation, etc.
will be at the Developer's expense.
The watermain booster station as part of The Wilds development shall be in operation
before any Certificate of Occupancy will be granted.
The Developer can receive 4 building permits for 2 structures prior to the grading, topsoil
placement, seeding and mulching being done on the site. All other permits require the
grading and turf establishment work as per City Policy to be done before permit issuance.
No permanent Certificate of Occupancy will be issued to any building until the
bituminous base course is installed.
EXHSSI.ENG
EXHIBIT "F"
POLICY FOR PRIVATE DEVELOPMENT PROJECTS
CONSTRUCTION INSPECTION OF DEVELOPER PROJECTS AND TESTING
REQUm.EMENTS
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 SERVICI~S
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,
watermain, 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.
o
As-built location dimensions for sanitary sewer, watermain, and storm sewer
facilities.
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:
4.
5.
6.
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
~XHI~EWgT
5130 160th St.
Prior Lake MN 55372
August 11, 1994
Lydia Andren
4880 Chatonka Beach Trail
Prior Lake MN 55372
Ms. Andren,
I am writing to inform you that I strongly object to the County Rd 44 project. As I am sure you
already know, the proposed project will widen the road from two lanes to four lanes with a bike
path. As a taxpayer and member of the community, I hope you will read this letter and take into
account all of my opinions and requests.
Upon completion of this project, I will be lef~ with only 19t~ 8in for a yard. I will also lose my
12t~ row of trees. These trees serve as sound barriers and also enhance the appearance of my
property. I feel that the addtion of two more lanes will increase the amount of traffic, which in
turn will increase the noise level. So as you can see, my property will be greatly changed in both
appearance and function if this project goes through.
I would also like you to consider the current status of the County Rd 21 project. County Rd 21 is
already a 4 lane road. IfI am not mistaken, County Rd 21 was to be a 4 lane all the wayto
Interstate 35. Would not this be a better alternative to the County Rd 44 project? I feel 2 lanes
are and will continue to be sufficient for County Rd 21 with the addition of stop lights at the
intersections of Franklin Tr. and Fish Point Rd and a lower speed limit of 35 mph up to Fish Point
Rd. Have you considered all possible alternatives?
I would like to make several other points. If this project is passed, I want to have separate
assessments before and at~er the work is done. I say separate meaning assessments done by aa
independent firm, not the county assessment. This would be a second, un-biased opinion of the
value of my property. I would also like in writing if there are water problems after any
landscaping is done. There has never been a water problem in the eleven years I have lived here,
so if a problem were to arise, I would not be held responsible.
Here is one final note. I have been a resident and tax-payer of Prior Lake for more than ten years,
and I was never informed of this project and the meeting that was held to discuss this project. I
had to learn of these things from my neighbor. There are eight townhouses in this complex, and
only one resident was notified of the proposed County Rd 44 project and meeting. I feel I should
have been also informed. I do thank you for taking the time to read this letter and considering
everything I have said. As mayor of Prior Lake, I would ask you to vote "NO" on this project.
Sinf.~rely, ,
Paddy V6~deen
August 9, 1994
LYDIA ANDREN
4880 CHATONKA BEACH TRAIL
PRIOR LAKE, MN 55372
The proposed County Road 44 project is going to cause a definite hardship for
the residents of 160th Street. The area frcm Franklin Trail to Trunk Highway
13 is a residential area. In most cases the homes are close to the existing
two lane highway.
If this project is c~a~leted as outlined it will be 19 feet 8 inches from my
house. This is unacceptable. I would constantly have people passing directly
in front of my diningrc~m.
Now the two lane highway is buffered by large (about 12 foot) pine trees that
act both as a sound and sight barrier.
It sounds as if the primary problem is where to channel the new Oardinal Ridge
residents. They could be channeled down 44 to Franklin Trail and use that as
an entrance to Highway 13. Please look into alternate plans.
Your projections on traffic vol~e seems a bit inflated. There has to be an
alternate route that would be satisfactory for all concerned or an alternate
plan that would not cause people to loose the limited property that they now
have.
The manner in which people were notified was alarming. There are eight units
in Lodgewood and only one letter was sent. This is very poor planning.
At the maeting on August 3rd we were informed by Scott Oounty that this
project was approved and the purpose of the meeting was to inform us what was
going to happen to our property not to debate the validity of the project.
If this project is approved as planned it will sharply decrease the value of
my property and make it almost impossible to sell.
Please take a long serious look at these plans and find an alternate route.
Thank you for your inTnediate attention to this matter.
Terry Caduff
5110 160th St. S E
Prior Lake, MN 55372
(612) 447-5007
T 1 .... T