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HomeMy WebLinkAbout5G Accepting Enclave 2nd Development Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: APRIL 24, 2017 AGENDA #: 5G PREPARED BY: NICK MONSERUD, PROJECT ENGINEER PRESENTER: LARRY POPPLER, CITY ENGINEER/INSPECTIONS DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ACCEPTING THE IMPROVEMENTS FOR THE ENCLAVE AT CLEARY LAKE 2ND ADDITION DEVELOPMENT (#DEV2013-0014) DISCUSSION: Introduction The purpose of this agenda item is to consider a resolution accepting the developer installed improvements for the Enclave at Cleary Lake 2nd Addition Development. This action is housekeeping in nature and is called for as part of the development agreement between the Developer and the City. In essence, this is the process through which privately installed improvements come into public ownership pursuant to Prior Lake City Code. History The Enclave at Cleary Lake 2nd Addition is part of the overall Enclave at Cleary Lake Development and is located west of Revere Rd and north of 180th Street. On May 12, 2014 the City Council adopted resolution 14-075 entering into a Development Contract with Ryland Group, Inc. for the Enclave at Cleary Lake 2nd Addition 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 outlines 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 for the project described above has now completed the improvements as outlined in the Development Contract. 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 2 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 IMPACT: Within the development contract for the development, revenue was received for city administration and for city contracted construction observation. Staff will review the City administration expenditures at the conclusion of the warranty period and will invoice the developer if revenue received is insufficient to cover expenses. The project security will not be released until the warranty period has passed and project expenses rectified. Escrow was received by the City for the development for construction observation and any remaining escrow funds will be returned at the conclusion of a successful warranty period. This one year warranty period starts when the project is accepted. Oversizing for street, watermain and sanitary sewer construction was paid by the City to the Developer through the Development Contract. The costs for these improvements have been reconciled with the Developer through the Development Contract and no additional compensation is necessary. ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve a resolution accepting the public improvements for the Enclave at Cleary Lake 2nd Addition Development as part of the consent agenda. 2. Motion and second to remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Motion and second for approval of alternative #1. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION ACCEPTING THE DEVELOPER INSTALLED IMPROVEMENTS FOR THE ENCLAVE AT CLEARY LAKE 2ND ADDITION, CITY PROJECT #DEV2013-0014 Motion By: Second By: WHEREAS, On May 12, 2014, the City Council adopted Resolution 14-075 which authorized the City to enter into a Development Contract with Ryland Group, Inc. for the plat known as the Enclave at Cleary Lake 2nd Addition; 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, WHEREAS, The City has received the as-built drawings and property iron certification letter; and 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 Enclave at Cleary Lake 2nd Addition development. 3. Any remaining escrow dollars for construction inspection will be returned to the developer at the conclusion of the warranty period. 4. The oversizing amount for street, watermain and sanitary sewer construction was paid to the developer in accordance with the Development Contract. No further compensation to the developer is needed for this project. PASSED AND ADOPTED THIS 24TH DAY OF APRIL 2017. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager