HomeMy WebLinkAbout7A - Westbury Ponds/Five Hawks
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
7A
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF REPORT ON THE
BACKGROUND OF THE REQUIRED CROSSWALK
DELINEATION ON FIVE HAWKS AVENUE IN
WESTBURY PONDS
NOVEMBER 18, 1996
INTRODUCTION:
The purpose of this item is to consider approval of a report
on the background of the required crosswalk delineation on
Five Hawks Avenue in the Second Addition to Westbury
Ponds.
BACKGROUND:
On October 21, 1996, Mr. Jim Allen appeared before the
Council at its open forum to discuss the requirement
contained in Resolution 95-25 approving the final plat for
the Second Addition to Westbury Ponds. Specifically, the
resolution included condition #7 stating "Five Hawks
Avenue has a five (5) foot concrete sidewalk along the west
side. The developer should delineate the crosswalk in the
street by either brick pavers or by stamped colored
concrete. " Mr. Allen questioned the source of this
condition. The Council directed the staff to provide an
answer to Mr. Allen's question.
The staff reviewed the files to determine the source of this
condition. This condition first appeared in Resolution 94-03
approving the preliminary plat of Westbury Ponds First
Addition. The condition was then carried forward to the
approval of the final plat.
The staff also reviewed the tapes of the City Council
meeting on January 3, 1994, which is the date the
preliminary plat was approved. The attached memo
includes a partial transcript of this meeting. There was
some lengthy discussion on this condition, and the Council
ultimately adopted the language in the resolution. The
tapes of the meeting of April 4, 1995 (the final plat
approval) briefly mention the developers agreement has
been revised to place the cost of the construction of the
sidewalk on the developer.
westcc.doc PAGE 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
DISCUSSION:
ISSUES:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
westcc.doc
The record clearly indicates the condition requIring the
crosswalk delineation has been inplace since the
preliminary plat. When this preliminary plat was approved,
there was no policy requiring this delineation, and the
condition was suggested by the staff. However, the
Council has the discretion to place conditions of approval
on a subdivision plat in the interest of public safety. The
Council used that discretion in this case to require the
sidewalk delineation.
The Carriage Hills and Cardinal Ridge plats were similarly
required to install crosswalk "pavers". Subsequent to the
approval of both Carriage Hills and Westbury, the Council
adopted a sidewalk and trail ordinance (attached). The
ordinance states "when sidewalks cross streets, a
treatment such as striping, landscape medians, colored or
stamped concrete or signs to identify the crosswalk as
approved by the City Engineer, shall be installed by the
Developer".
The Developer has indicated that, in lieu of the pavers
(valued at $6,100), he would increase the landscaping on
Five Hawks Road and TH 13. We have advjsed the
Developer that this item will be on the November 18th
agenda.
1. Require that the Developer comply with the existing
approving resolutions.
2. Require the Developer to install an equivalent dollar
value to enhance the landscaping on TH 13 and Five
Hawks Road.
3. Direct the staff to assemble additional information.
Adopt Alternative #1.
A motion and second to
conditions in the elimi
reSOluti~1J
Reviewed By: F
compliance with the
Final Plat approving
, City Manager
PAGE 2
Memoran um
.
.
From:
Subject:
Summary:
November 5,1996
Frank Boyles, City Manager
Don Rye, Planning Director
Jenni Tovar, Planner ~ \J(
Westbury Ponds Sidewalk Issues
Minutes from the meeting indicate Item 5, regarding the
delineation of the crosswalk, was in the resolution
approving the preliminary plat of Westbury Ponds.
Date:
To:
Excerpts from the City Council Minutes January 3, 1994 approving of
Preliminary Plat
Mayor:
I just have one question. And that just on the resolution. I notice that we have a new
sidewalk policy. Do we have a copy of that or did I misplace mine or what is it? ...Item
number 5. It says "Five Hawks Avenue has [pause] per the new sidewalk policy.". Do
we have a new sidewalk policy? Or do we have a policy period? And if it is, did I miss
that.
Councilmember
Staff is supposed to be putting one together, but I don't know what the status is.
Staff
We don't have an adopted official sidewalk policy or a street lighting policy. Discussion
of what the policy is, ~xample of Carriage Hills.
Mayor
Is that going to be part of a sidewalk policy? Here is what I would like to avoid, I would
like to avoid setting precedent in policy by previous action. What I would like to have,
and I think what Council members ought to have is a written policy that they have an
opportunity to look at and approve. So I just want to make it clear, that I don't want to be
setting policy by action, I want to be setting policy by having it proposed and by looking
at it and if it meets everybody's approval, That's fine. Do you understand what I am
saying?
Councilmember
In Carriage Hills, did the builder agree to those? (Sidewalk crosswalk delineated with
colored brick pavers)
Staff
What happens in the subdivision ordinance right now the City Council has the discretion
of requiring sidewalks. Staff continued to discuss the issue relating to the current policy.
Mayor
Should we have one? (A sidewalk policy)
Staff
Weare working on one. Staff gave time line of approving the policy.
Mayor
Then it comes to the Council, when?
Staff
It goes to the Planning Commission frrst. It would be done as an amendment. So I would
say, probably in March.
Mayor
I think we ought to scratch that language.
Staff
Just the last sentence of number 5 or?
Mayor
"Per the new sidewalk policy".
Staff
Are you saying "the developer should delineate the crosswalk" is acceptable, just take out
"per the new sidewalk policy"?
Mayor
Right.
Staff
Okay.
Councilmember
Correct.
Mayor, Council, Staff
Discussion continued on policies, actions, policy book, etc.
Mayor and Council
Adoption of Resolutions were made.
Minutes from the April 17" 1995 City Council meeting" approving the
Final Plat of the Second Addition to Westbury Ponds.
The item was removed from the consent agenda.
Don Rye
Amendment to developers agreement relating to the payment of sidewalk. The
agreement is amended to place the costs of construction of the sidewalk on the developer.
There were also amendments to Items 6,7 ,and 9. These are not related to the sidewalk
issues.
Mayor and Councilmembers
Adoption of Resolution approving the final plat.
re:
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Resolution 95-25 and Resolution 94-03, which approve your preliminary and final
plat provide that: "the developer should delineate the sidewalk in the street by
either brick-pavers or by stamped colored concrete".
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Jim Allen
Westbury Development
12433 Princeton Avenue
Savage, MN 55378
Cross- Walk on Five Hawks Avenue
Dear Jim:
John Wingard and Dave Thompson have advised me that despite numerous
requests, you have not completed this work and do not intend to do so. So that this
work can be completed, we have solicited bids in the amount of $6,100.00 to
complete this work. If the work is not completed by 4:30 p.m. Friday, October 25,
1996, the City will have the work completed by subcontract and charge the
$6,100.00 plus administrative fees against your letter of credit as provided for the
developer's agreement.
If you would like to discuss your position on this matter with the City Council, you
are welcome to do so at the Council's forum on Monday, October 21st, 1996 at 7:00
p.m. In anticipation of your attendance, I will provide the Council with background
information on this subject.
Please let me know if you have any questions.
Dave Thompson, John Wingard, Mayor & City Councilmembers.
16200 8ag~G~FAW;'&~~'Jf~ke. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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RESOLU110N 95-25
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETl1NG FORTH CONDITIONS TO BE MET
PRIOR TO RELEAse OF THE FINAL PLAI OF THE SECOND ADOmON TO WESTBURY PONDS.
KEDROWSKI
SECONDED BY: SCHENCK
MOTION BY:
WHEREAS. The City Council approved the preliminary plat of Westbury Ponds on January 3, 1994 as
per Resolution 94-03; and
WHEREAS, The City Council has determined that the final plat of the Second Addition to Westbury
Ponds is substantially consistent with the approved preliminary plat of Westbury Ponds.
WHEREAS. the City Council has approved the final plat of the Second Addition to Westbury Ponds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that
it should and hereby does require the following conditions to be met, prior to release of, and recording of
said plat
1.
2.
3.
4.
5.
o
A title opinion or commitment of title insurance be submitted acceptable to the City Attomey.
Payment of all fees including but not limited to: trunk sewer charge, storm water management
fee, collector street fee and all other fees associated with the developers agreement.
Four mylar sets of the final plat with all required signatures be submitted.
A complete set of the entire plat and construction plans, reduced to the fonowing scales be
submitted to the Planning Department 1- = aoo'; 1- = 200'; reduction at no scale to 11- x 1.,..
WilIowwood Street has a median shown near the Five Hawks Avenue intersedion. The
developer win be responsible for necessary striping and signing as required by the City Engineer.
(Preliminary Plat. Item 4. RS94-03) .
6.
The design of the median at WiUowwood Street and Five Hawks Avenue and the street section at
this location must be acceptable to the City Planner prior to final plat approval.
Five Hawks Avenue has a fIVe (5) foot concrete sidewalk along the west side. The developer
should delIneate the crosswalk in the street by either brick pavers or by stamped colored
concrete. (Preliminary Plat, Item 5, RS94-03)
3.
7:~;e .:e'.':::~~=- ':e ie;;::~sr:ie to hs:~1: a s!:~v,'::.!!< :.!::I~ :'i.a ~:~:-: si..:e ~f \Nl:::v,,'\','o.:;d S~i~e:.
9.
A,~ -:a.s~;r:-:.;~t f:.r se\','e", ~:;at~rt :-:E:, :~;=.:~;:;: a:;d ~~:::y S2.5.;'7:5:;:3 :.e _:lr~vi.:~:: ror ~he ss::j::~ :;
WiHowwood Street located between the Rrst and Second Acditions to Vves4bury Ponds. Sa:d
e~ement shall be acceptable to the City Engineer.
The developefs agreement. as drafted by the City Engineer, shall be signed and fully executed
prior to the release of the final pial All fees shalt be paid prior to release of the final plat.
Three complete sets of construction plans and specifications for all public works facilities for
subdivision be submitted in accordance with the requirements of the .Public Works Design
Manual- acceptable to the CIty Engineer.
10.
11.
16200 Eagle Creek Ave., Prior lake. Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 447-4245
,.
12. The comments IlE' ~irto from Ken Sherman, dated 3-31-95, . '~Jrporated into the final plat.
13. The developer shan submit a copy 01, and agree in writing, to dtstribute UteratUre to future buyers
allots which indicate the sidewalk improvements approved as part of the development
,
14.
The final plat and an pertinent documents must be filed with SCOtt County within 60 days from the
date 01 final plat approval. Failure to record the documents by June 17, 1995. will render the final
plat null and void.
Passed and adopted this 17th day of April, 1995.
{Seal}
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, I".?M F....tl.. C.....ek Ave. S.E.. Prior La\<Q. Minnesota 55372.1714 / Ph. (6121447-4230 / Fax (6121447-4245
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RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE
PRELIMINARY PLAT OF WESTBURY PONDS FIRST ADDmON.
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
KEDROWSKI
SECOND BY: SCOTT
the City Council held a hearing on the 3rd day of January, 1994 to
consider a petition submitted by Jim Allen to approve the preliminary plat
of Westbury Ponds First Addition, and;
the Prior ~e Planning Commission conducted a public hearing on
November 18 and December 16, 1993, and recommends approval of the
preliminary plat subject to the conditions outlined in Resolution 93-13PC,
and;
notice of the hearing on said motion has been duly published and posted in
accordance with the applicable Minnesota Statutes; and
the preliminary plat is consistent with the Comprehensive Plan; and City
Council Resolution 93-34; and
the preliminary plat will result in a design' that benefits School District
719, the City of Prior Lake and Westbury Development Corporation; and
the preliminary plat is consistent with the requirements of the Zoning and
Subdivision Ordinances of Prior Lake.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
l\1INNESOTA, that it should and hereby does approve the Preliminary Plat of Westbury Ponds
First Addition subject to the following:
1. Additional grading work may be necessary in the proposed park area to function for the
park: purposes. Bill Mangan. Director of Parks &. Recreation, should provide input as to
the parle needs and this necessary grading.
2. The stonn sewer from Willow Wood Circle to Five Hawks Avenue street and storm sewer
system can handle the additional drainage area.
3. The developer needs to provide the necessary sanitary sewer, watermain, storm sewer,
and drainage easements on the plat
4629 DakOta Sl S.E... Prior lake, Minnesota 55372 I Ph. {612} 4474230 I Fax (612) 4474245
AN EQUAL OPPOR1"tJNrN :M.PtOVER
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4.
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6.
7.
8.
9.
WilloW Wood St1~_~1i'as a median shown near the Five a....'~s' Avenue interseCtion. The
developer will be responsible for necessary striping and signing as required by the City
Engineer.
Five Hawks Avenue has a five (5) foot concrete sidewalk along the west side. The
developer should delineate. the crosswalk in the street by either brick pavers or by
stamped colored concrete.
Tne s~T1ita.ry sewer and storm sewer lines along Lot 1, Block 5, should be located in the
Cl:v "C~~ ac~~--:~..:.:ie to rb.~ Cin ~~ginc.:::.
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All major ~..inage s~;;ales need to Ce scdri~ or a wced nce= clar:k~t must be i.--:~:::l:ed. to
prevent erosion.
An as-built grading plan should be provided to the City Engineer prior to final plat
approval of the Westbury Ponds First Addition.
Stonn sewer and sanitary sewer easements will be needed in lot areas.
10.
The stonn sewer from Willow Wood Circle to Five Hawks Avenue can be eliminated if
determined that the drainage flow can be handled on Five Hawks Avenue.
11.
On Simpkins Circle, an 8" watermam needs to be extended to the plat line to connect
with Westedge Estates.
12.
The design of the median ~t Willow Wood Street and Five Hawks Avenue and the street
section at this location must be acceptable to the City Planner prior to fmal plat approval.
13.
Rim and invert elevations are missing for storm sewer pipe in Lots 22 & 23, Block 4.
14.
The City of Prior Lake pay for the sidewalk in Simpkins Circle.
Passed and adopted this 3rd day of January, 1994.
YES NO
Andren X Andren
Greenfield X Greenfield
Kedrowski X Kedrowski
Schenck X Schenck
Scott Sc
Frank Boyles
City Manager
City of Prior
{Seal}
CITY OF PRIOR LAKE
ORDINANCE NO. 95- 07
AN ORDINANCE AMENDING CHAPTER 7, TITLE 6, SECTION 6-7-3
OF THE PRIOR LAKE CITY CODE AND CHAPTER 7, SECTION 6-7-3
OF THE CITY OF PRIOR LAKE SUBDIVISION ORDINANCE
The City Council of the City of Prior Lake does hereby ordain:
I.
Section 6-7-3 of litle 6, Chapter 7, of the Prior Lake City Code and Chapter 7, Section 6-7-3 of
the Prior Lake Subdivision Ordinance are hereby amended in their entirety to read as follows:
6-7-3 Sidewalks and Driveways
(A) PURPOSE:
The intent of this section is to provide guidance for sidewalk construction and to
accommodate a range of location and design options for new developments.
(B) OBJECTIVES:
1 . Sidewalks are desirable improvements which promote the public safety and
welfare; and they are appropriate features for all multiple residential and
commercialJindustrial projects, adjacent to schools, churches, shopping facilities,
and within residential developments.
2. Sidewalks are encouraged to separate pedestrians from vehicular traffic , thereby
affording more safety for pedestrians; to encourage a pedestrian mode of
transportation, which conserves energy by decreasing automobile usage; and to
provide a safer area for handicapped persons and children to use.
3. The emphasis of sidewalk construction should be on improving the pedestrian
experience by provision of landscaping, such as boulevard trees, and to provide
safe crossings, through the use of landscaped medians, brick pavers at street
crossings or use of colored and stamped concrete to physically and aesthetically
identify the pedestrian cross walk separate from the street system.
(C) REQUIRED SIDEWALKS:
1. Sidewalks shall be required for all new projects where a means of pedestrian
access from the development to schools, parks, churches, business or industrial
developments, adjacent neighborhoods, transportation facilities, or for unusually
long blocks is necessary in order to meet the purpose and objectives of the
Comprehensive Plan and of this Ordinance. TABLE 1 contains the guidelines
related to the location, installation and maintenance of sidewalks within the City
of Prior Lake. The City Council shall make the final determination of the type and
location of sidewalks to be installed.
2. Paved or concrete paths that may not strictly follow the street may be permitted
by the City Council. Bituminous material may not used for paths to be located
within the front yards of residential properties.
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3. Paths in common areas or other locations away from streets which are typically
found in planned unit developments or cluster developments generally should be
integrated into the detailed area plan or layout, permitting visual surveillance of
the path from the street or nearby houses.
(D) STANDARDS:
1. Sidewalks shall be made of concrete, five feet wide. An eight foot concrete
sidewalk will be required in high density areas where safety is a concern,
including but not limited to, commercial and industrial areas, multi-family areas
and school zones.
2. Sidewalks should be located within a public right-of-way, public easement, or
common area, or at least (1 ') foot inside ot the right-at-way line. A border area or
grass strip located between the street edge of the sidewalk and curb face shall
be installed to provide a visual break between the paved surface of the street
and sidewalk; a suitable location for planting of boulevard trees, landscape, snow
storage, and provide pedestrian safety by further moving the sidewalk from the
road surface. (See Engineering Design Guidelines Manual, Standard Plate 701
for a detail related to the border/grass strip design.)
3. Along certain streets, a continuous sidewalk, without a grass strip will be required
where the City Council determines that turf mainteni=lnce will likely be a problem
and pedestrian traffic is considerable.
4. Sidewalk street crossings shall be located at a point along the road that offers
adequate sight distance as determined by the City Engineer.
5. Barrier curbs (vertical curbs) 6 inches high shall be provided along collector
streets or streets located in commercial or industrial areas adjacent to sidewalks
to prevent vehicle from leaving the roadway, control drainage, protect pavement
edges and protect sidewalks, lawns, utilities signs and street trees from
encroachment by vehicles.
6. Curb cuts shall be provided for bicycles, wheelchairs, baby carriages, and other
wheeled vehicles. MnDOT Standard Plate 70360 as amended from time to time
should be used as the standard for design and installation of curb ramps
compliant with the Americans with Disability Act (ADA) requirements. In addition,
the following principles should be observed in considering ramp construction.
a) A curb cut ramp shall be located close to the intersection to keep the
width of the crosswalk to a minimum. Minor obstacles including but not
limited to mail boxes or newspaper dispensers, should not be cited as a
basis to omit the curb cut.
b) Ramps shall be constructed by depressing the curb and sidewalks to the
height required for achieving the ramp slopes and landing areas needed
for safe pedestrian and wheelchair movement and consistent with ADA
requi rements.
c) The surface of the ramp shall be rougher than the texture used on the
surrounding sidewalk. This effect may be obtained by coarse brooming
or scoring transverse to the slope of the ramp.
7. When sidewalks cross streets, a treatment such as striping, landscape medians,)
colored or stamped concrete or signs to identify the crosswalk as approved by
the City Engineer, shall be installed by the Developer.
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8. In development projects that contain hills or steep topography the sidewalk
pattern shall conform as closely as possible to the standards found herein and to
connecting walkways.
9. Sidewalks may be narrower than otherwise required to fit the terrain when
approved by the City Council.
TABLE 1
GUIDELINES FOR LOCATION, CONSTRUCTION, AND MAINTENANCE OF SIDEWALKS IN
NEW DEVELOPMENTS
STREET NONE OR # SIDEWALKS INSTALLATION MAINTAINED
TYPE 1 SIDE 10R2 BOTH PAID BY BY
SIDES SIDES o EV/CITY/* OWNER/CITY
Local X Developer Owner/City
Minor
Collector X Developer Owner/City
Major
Collector X City/*. Owner/City
Minor
Arterial X City/* Owner/City
Major
Arterial X City/* Owner/City
Principal
Arterial X City/* Owner/City
* Other jurisdiction such as MnDOT and Scott County.
NOTES:
L.
~
If improvement is not listed in the City CIP, the developer will be
responsible for cost and installation of sidewalk system.
The City Engineer may recommend that sidewalks be installed on local
streets or on one side of a minor collector when a trail also serves the
street or where topographical or traffic conditions warrant.
(E) DRIVEWAYS:
Driveways shall be graded to final grades, with the minimum acceptable driving surface
to include four inches (4") of aggregate base.
The subdivision grading plan shall indicate the location and slope, for all driveways
within the proposed subdivision, and according to the requirements of the Zoning
Ordinance and the City Code.
II.
This Ordinance shall become effective from and after its passage and publication.
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Passed by the City Council of the City of Prior Lake this 20th day of March
,1995.
ATTEST:
~~
Mayor
Published in the Prior Lake American on the 8th day of April, 1995.
Drafted by:
City Planning Director
City of Prior Lake, Minnesota
OR9S
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