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HomeMy WebLinkAbout4F Accepting Enclave 3rd Improvements Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 17, 2018 AGENDA #: 4F PREPARED BY: NICK MONSERUD, ASSISTANT CITY ENGINEER PRESENTER: NICK MONSERUD AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ACCEPTING THE IMPROVEMENTS FOR ENCLAVE AT CLEARY LAKE 3RD ADDITION (#DEV14-000024) DISCUSSION: Introduction The purpose of this agenda item is to consider a resolution accepting the developer installed improvements for the Enclave at Cleary Lake 3rd 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 3rd Addition is located north of 180th St on Cleary Trail between Trailhead Ln and Prairie Way. On April 13, 2015 the City Council adopted resolution 15-071 entering into a Development Contract with Ryland Homes Inc. for the Enclave at Cleary Lake 3rd Addition. 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 Assistant 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 Assistant 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. 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. ALTERNATIVES: 1. Approve a resolution accepting the public improvements for the Enclave at Cleary Lake 3rd Addition Development as part of the consent agenda. 2. Approve a motion 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 18-___ A RESOLUTION ACCEPTING THE DEVELOPER INSTALLED IMPROVEMENTS FOR THE ENCLAVE AT CLEARY LAKE 3RD ADDITION DEVELOPMENT, CITY PROJECT #DEV14-000024 Motion By: Second By: WHEREAS, On April 13, 2015, the City Council adopted Resolution 15-071 which authorized the City to enter into a Development Contract with Ryland Homes Inc. for the plat known as Enclave at Cleary Lake 3rd Addition; and WHEREAS, The Development Contract outlined the improvements the developer was responsible for installing; and WHEREAS, These improvements 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 Assistant 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 3rd 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 17TH DAY OF DECEMBER 2018. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager