HomeMy WebLinkAbout6G - Stormwater Ditch Improvements to 180th St. O� PRip�
U 4646 Dakota Street SE
Prior Lake,MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 24, 2014
AGENDA#: 6G
PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
PRESENTED BY: DAN ROGNESS
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR
AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH SPRING LAKE
TOWNSHIP WITH REGARD TO PAYMENT OF COSTS FOR STORMWATER
DITCH IMPROVEMENTS TO 180TH STREET
DISCUSSION: Introduction
The purpose of this item is to consider the execution of an agreement with
Spring Lake Township regarding the payment of costs associated with the
stormwater ditch improvements to 180th Street East as part of The Enclave at
Cleary Lake 2nd Addition.
History
On May 12, 2014, the City Council approved the final plat and development con-
tract for The Enclave at Cleary Lake 2nd Addition. The plat included the extension
of Trailhead Lane, the construction of two additional cul-de-sacs, and improve-
ments to 180th Street. The development contract included a provision whereby
the developer (Ryland Group, Inc.) would receive up to $100,000.00 reimburse-
ment for costs associated with improvements along the north side of 180th adja-
cent to the Township. This area, referred to as "Township Improvement Limit",
requires the developer to install storm drain pipe and associated ditch improve-
ments due to easement/ROW constraints in that area.
Current Circumstances
The developer has completed improvements to 180th Street, including costs that
justify $100,000.00 for the stormwater ditch improvements. Spring Lake Town-
ship approved Resolution #13-012 in October of 2013 that identified the method
of reimbursement to Ryland. Due to the development contract being between
the City and Ryland, the City will reimburse Ryland, and then Spring Lake
Township will reimburse the City.
Conclusion
The City Attorney has drafted an Agreement for this transaction, including the
City's payment to Ryland of$100,000 followed by the Township's payment to
the City of$100,000 no later than December 31, 2014.
ISSUES: The City and Spring Lake Township must complete the steps that were previously
agreed to regarding payment of public funds toward specified ditch improvements
along the north side of 180th Street East. This agreement allows all parties to
fully meet their corresponding obligations.
FINANCIAL Approval of this agreement will require the City to pay Ryland $100,000.00, but
IMPACT: that amount will be reimbursed by Spring Lake Township by the end of 2014.
ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to authorize the
Mayor and City Manager to execute an Agreement with Spring Lake Town-
ship for stormwater ditch improvements to 180th Street.
2. Motion and a second to deny the resolution approving the agreement.
3. Motion and a second to table this item and provide staff with specific direc-
tion.
RECOMMENDED Alternative#1
MOTION:
ATTACHMENTS: 1. Agreement with Spring Lake Township
2
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4646 Dakota Street SE
iNxeso P Prior Lake,NIN 55372
RESOLUTION 14-xxx
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT
WITH SPRING LAKE TOWNSHIP WITH REGARD TO PAYMENT OF COSTS FOR STORMWATER
DITCH IMPROVEMENTS TO 180TH STREET
Motion By: Second By:
WHEREAS, On May 12, 2014, the City Council approved the final plat and development contract for The
Enclave at Cleary Lake 2nd Addition; and
WHEREAS, The development contract with Ryland Group, Inc. (the"Developer")contemplated public
funds up to$100,000.00 reimbursing the Developer for its costs associated with ditch
improvements, including a storm pipe, along the north side of 180th Street in Spring Lake
Township; and
WHEREAS, Spring Lake Township adopted Resolution#13-012 identifying the method of payment for its
contribution to the Developer up to$100,000.00 related to storm water ditch improvements on
180th Street East; and
WHEREAS,
An Agreement has been drafted between Prior Lake and Spring Lake Township to identify the
actions necessary to complete the financial transaction between the City and Developer, and
between the City and Spring Lake Township.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to execute the Agreement Between the City of
Prior Lake and Spring Lake Township for Spring Lake Township's Contribution To The Improvement of
Storm Water Ditch on 180th Street East.
PASSED AND ADOPTED THIS 24th DAY OF NOVEMBER, 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
i
AGREEMENT BETWEEN THE CITY OF PRIOR LAKE
AND SPRING LAKE TOWNSHIP FOR SPRING LAKE TOWNSHIP'S
CONTRIBUTION TO THE IMPROVEMENT
OF THE STORM WATER DITCH ON 180TH STREET EAST
THIS AGREEMENT is entered into this day of ,
2014, between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter
referred to as the "City") and SPRING LAKE TOWNSHIP, a Minnesota political subdivision
(hereinafter referred to as the"Township"),with the City and the Township collectively hereinafter
referred to as the"Parties."
WITNESSETH:
WHEREAS, the City has entered into a Development Contract dated May 12, 2014 with
Ryland Group, Inc. ("Developer") for the development of The Enclave at Cleary Lake, 2nd
Addition("The Enclave 2nd");
WHEREAS, The Enclave 2nd is located within the City limits as shown on Exhibit A,
attached hereto and incorporated herein(the"Property");
i
WHEREAS, as a condition of development,Developer is required to improve 180"' Street
East from Mushtown Road to Revere Way,part of which is located in the City and part of which
is located in the Township;
• i
WHEREAS, improvement of 1801" Street East necessitates improvement to a section of a
regional storm water ditch identified on Exhibit B as the Township Improvement Limit, lying
within the Township;
WHEREAS, pursuant to the Development Contract, the City agreed to reimburse the
Developer for the costs associated with the ditch improvements in the amount of$100,000 (the
"Ditch Improvement Funds"); and
i
WHEREAS, by Resolution #13-012, dated October 31, 2013, the Township agreed to
reimburse the City for the Ditch Improvement Funds.
NOW THEREFORE, City and Township, in consideration of the covenants and
considerations hereinafter specified,do hereby agree with the other as follows: I
1. The recitals set forth above are incorporated herein.
i
2. The City has paid the Ditch Improvement Funds to the Developer.
3. The Township shall reimburse the City the frill amount of the Ditch Improvement Funds
on or before December 31,2014.
4. 180th Street East is a shared roadway with a portion in the City and a portion in the
Township, This agreement does not affect the City's or the Township's authority over the
road or the City's or the Township's authority to make decisions relating to the
maintenance and improvement of 180111 Street East.
5. Maintenance or improvements of 1801h Street East, other than the storm water ditch
improvement,may be charged and/or assessed to the Property in accordance with the City's
and/or Township's ordinances, standards,or policies.
6. In the event the City annexes the land encompassing the Township Improvement Limit
within five (5) years of the date of this Agreement, the City shall repay the Ditch
Improvement Funds to the Township at a prorated amount based upon one-third for each
of three 10-acre parcels fronting the north side of 180th Street East, including: (a) PID
119120021 at 5516 1801h Street; (b) PID 119120025 at 5570 180111 Street; and (c) PID
119120042 at 17944 Revere Way.
IN WITNESS THEREOF,the Parties have caused this Agreement to be executed by their
duly authorized officials on the dates shown below.
i
Dated: ,2014. Dated: , 2014.
CITY OF PRIOR LAKE SPRING LAKE TOWNSHIP
BY: BY:
Kenneth L. Hedberg,Mayor Its Chair
AND AND
Frank Boyles, City Manager Its Clerk
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RESOLUTION #13-012
Spring Lalce Township,Scott County,Minnesota
Authot•izing Entering into a Development Agreement with the City of
Prior Lake stud Ryland Homes for Improvements to a Section of Ditch on
I8011` Sheet Described as the Townsbip Improvement Limit
WHEREAS, Ryland Montes(the Developer) anticipates the development of The Enclave
at Cleary Lake,2"a Addition in the City of Prior Lake(tile City);
AND WHEREAS,as a condition of development,the City requires the Developer to
improvement 180`x'Street from Mushtown Road to Revere Way to Township Collector
road standards, part of which is ill located in the City of part of which is located in Spring
Lake Township(the"Township);
AND WHEREAS, improvement of the road necessitates improvement to a section of
ditch identified as tire Township Improvement Limit in the attached Exhibit B lying within
[lie Township;
NOW,'ITHEREFORC,BE XT RESOLVED,by the Spring Lake Town Board of
Supervisors that the town shall enter into a Development Agreement with the City and
Doveloper wherein;
I. 'file Developer shall improve a section of ditch within the Township Improvement
Limit,
2, 'file City shall reimburse the Developer for the cost of ditch improvement not to
exceed$100,000,
3, 'fire Township shalt reimburse lite City for the cost of the ditch improvement not to
exceed$100,000.
4. The Development Agrecnte►tt,or such other agreement concerning the
reimbursement,must be in a form acceptable to the Township,
S. Execution of the Development Agreement is contingent upon the Developer
closing tkte Purchase Agreement for the Property.
Adopted tliis &qday of () jo6y- ,2013.
BY THE" WN 130 It,
lowil Board Chair
Attest,
Kathy Nie b' n,Town Board Clerk
I
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EHHIBIT B — IMPROVEMENT LIMITS
t}tSt5tS1 Ryland improvement Limits
Township Improvement Limits
(Roond Constructing with x
Township Reimbursement)
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