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CITY COUNCIL AGENDA REPORT
MEETING DATE: AUGUST 24, 2015
AGENDA #: 51
PREPARED BY: SENG THONGVANH, PROJECT ENGINEER
PRESENTER: SENG THONGVANH, PROJECT ENGINEER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ACCEPTING THE
IMPROVEMENTS FOR THE GODSONS WAY DEVELOPMENT
DISCUSSION: Introduction
The purpose of this agenda item is to consider a resolution accepting the
developer installed improvements for the Godsons Way Development.
This action is housekeeping in nature as the staff has already accepted the
improvements specified in the development contracts as noted below.
History
The Godsons Way Development is located north of 180th Street and west
of County Road 87. On April 28, 2014, the City Council adopted Resolution
14-065 entering into a Development Contract with Jack Hunter, property
owner, for the Godsons Way Development. Since that City Council action,
the developer has been completing the construction of the improvements
as outlined in the Development Contract. The Development Contract and
approved construction drawings outline the necessary developer installed
improvements as well as other items needed for this development to be
accepted by the City
The Development Contract for each of these developments details the
mechanisms for City acceptance of the developer installed improvements.
In 2005, the City amended the Standard Development Contract to include
City Council authorization to accept the improvements in addition to the
final written acceptance by the City Engineer.
Current Circumstances
The developer has now completed the improvements as outlined in the
Development Contracts. The improvements have been inspected by the
City and have been found to be in compliance with City standards and the
approved drawings. In some cases minor field changes were necessary
during construction. These improvements including any field adjustments
were documented in the completed as-built drawings. These as-built
drawings were completed by the developer and reviewed by the City. The
property iron certification letter has been received by the City.
Conclusion
The City Engineer has reviewed the improvements and has written the
acceptance letter for these developments. It is now appropriate for the City
Council to accept the improvements for these developments.
ISSUES: Once the improvements are accepted, the public improvements will then be
turned over to the City and the security for the development returned to the
developer. It will then be the responsibility of the City to perform
maintenance over the public improvements and take over operational costs
for the street lighting on the project.
FINANCIAL An escrow in the amount of$8,517 for consulting and construction
IMPACT: inspection was received by the City for this development. These dollars
have been reserved in the Developers Agreement Special Revenue fund
for payment. Any remaining escrow funds intended for construction
inspection will be returned to the developer at the conclusion of a
successful warranty period (1 year).
ALTERNATIVES: 1. Approve a resolution as part of the consent agenda accepting the
improvements for the Godsons Way Development.
2. Deny this item for a specific reason and provide staff with direction.
3. Table this item until some date in the future.
RECOMMENDED Motion and second for alternative#1.
MOTION:
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4646 Dakota Street SE
41nr so'l° Prior Lake,MN 55372
RESOLUTION 15-xxx
A RESOLUTION ACCEPTING THE DEVELOPER INSTALLED IMPROVEMENTS FOR GODSONS WAY
DEVELOPMENT CITY PROJECT#DEV14-000001
Motion By: Second By:
WHEREAS, On April 28, 2014, the City Council adopted Resolution 14-065 which authorized the City
to enter into a Development Contract with Jack Hunter, property owner, for the plat
known as Godsons Way; and
WHEREAS, The Development Contract outlined the improvements the developer was responsible for
installing; and
WHEREAS, These improvements and all other Development Contract responsibilities are now
complete to the satisfaction of the City; and,
WHEREAS, The City has received the as-built drawings and property iron certification letter; and
WHEREAS, The City Engineer has reviewed the improvements and has written the acceptance letter
for this development.
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 City Council hereby accepts the improvements for the Godsons Way Development.
3. Any remaining escrow dollars for construction inspection will be returned to the developer at the
conclusion of the warranty period.
PASSED AND ADOPTED THIS 24th DAY OF AUGUST 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
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Prior Lake,MN 55372
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August 13, 2015
Jack Hunter
22405 Wagon Wheel Trail
Lakeville,MN 55044
RE: LETTER OF ACCEPTANCE
CASH ESCROW REDUCTION
PROJECT#DEV 14-000001—GODSONS WAY
Dear Mr. Hunter:
The improvements including any punch list items for the Godsons Way Development have been
completed. The property pin certification letter and warranty bond have been received for the
development. Therefore, the City accepts the improvements for the Godsons Way Development, City
Project#DEV14-000001. The City Council resolution accepting the improvements is attached.
A warranty bond in the amount of$197,302.69 was received for the Godsons Way Development. The
warranty bond term is for a period of one year and will expire on August 25, 2016. Prior to August 25,
2016 the City will perform a warranty period inspection to ensure all applicable improvement items
have met City requirements. If all items pass inspection,the project will be closed out at that time.
Also, in accordance with the development contract "...once the City has accepted the project, as-builts
have been completed, all punch list items are completed and warranty bond submitted, the Irrevocable
letter of Credit may be reduced to 5%". In lieu of a LOC, the City received cash escrow for the
development. With the completion of the aforementioned items, the City hereby authorizes the
reduction of the cash escrow to $8,517. The City is currently holding $75,084 in cash escrow. The
amount of$66,567 will be returned to the developer.
If you have any questions please call me (952)447-9834.
Sincerely,
Seng Thongvanh,P.E.
Project Engineer
CITY OF PRIOR LAKE
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com