HomeMy WebLinkAbout_04 06 2020 City Council Agenda Packet
4646 Dakota Street SE
Prior Lake, MN 55372
City Council Meeting at City Hall
Monday, April 6, 2020
City Council Work Session Agenda
CANCELLED
City Council Meeting Agenda
Remote Telephonic/Electronic
4:00 p.m.
th,
The Prior Lake City Council will hold its April meeting at 4 p.m. Monday, April 6 as a remote
telephonic/electronic meeting pursuant to Minn. Stat. 13d.021. The Mayor and City Manager, based on
Governor Walz’s emergency declaration and recent “stay at home” order and in conjunction with the City’s
Emergency Declaration under Minn. Stat. Chap 12, have determined that an in-person meeting is not
practical because of the COVID-19 health pandemic. All members of the Council and the appropriate staff
will be present at the meeting through telephone or other electronic means. No persons will be present in the
Council chambers at City Hall because their presence at City Hall is not feasible due to the health pandemic.
The City Council members will be able to hear one another, and all discussion and testimony and votes will
be conducted by roll call.
The public will not be permitted to attend the meeting physically because gathering at City Hall is not
feasible due to the COVID-19 health pandemic. Instead, the public is encouraged to listen to the meeting
live using zoom:
Zoom: Dial by your location: +1 312 626 6799 US (Chicago)
Meeting ID: 642 955 620
On-demand at, on Mediacom Channel 808 (high definition) or Nuvera IP Television
Channel 15.
As always, your comments, concerns and testimony are encouraged. General comments from the
community can be submitted at any time to the City Clerk via email aorlofsky@cityofpriorlake.com. Staff will
follow up on such comments as appropriate and as time allows during this COVID-19 health pandemic.
Comments specific to meeting agenda items must be submitted by noon the Friday before the meeting and
will be provided to the Council members for their consideration at the meeting.
Reports included with this agenda can be found in the Document Center by clicking here or
at www.cityofpriorlake.com \\Doc Center\\City of Prior Lake\\City Council, Planning Commission and Advisory
Committees\\City Council\\City Council Agenda Packets\\2020\\04 06 2020
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE
2. PUBLIC FORUM The public forum is intended to afford the public an opportunity to address concerns to the City
Council. The public forum will be no longer than 30 minutes in length and each presenter will have no more than five (5)
minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas.
Topics may be addressed at the public forum that are on the agenda. However, topics that are the subject of a public hearing
are best addressed at the public hearing, not at public forum. Therefore, topics may not be addressed at public forum if: (I) the
topic has been the subject of a public hearing before the City Council or any City Advisory Committee and the Council has not
acted on the topic; or (ii) if the topic is the subject of a public hearing for which notice has been published in the City’s official
newspaper, or a continued public hearing or public information hearing before the City Council or any City Advisory Committee.
During public forum, a member of the public may request that the City Council consider removing an item from the Consent
Agenda following the procedure set forth in Section 401.5. The City Council may discuss but will not take formal action on
public forum presentations. Matters that are the subject of pending litigation are not appropriate for the forum.
3. APPROVAL OF AGENDA
4. MINUTES
A. March 16, 2020 City Council Meeting Minutes
5. CONSENT AGENDA Those items on the Council Agenda which are considered routine or non-controversial are
included as part of the Consent Agenda. Unless the Mayor or a council member specifically requests that an item on the
Consent Agenda be removed and considered separately, items on the Consent Agenda are considered under one motion,
second and vote. Any item removed from the consent agenda shall be placed on the council agenda under Items Removed
Consent Agenda Items.
A. Approval of Claims Listing
B. Approval of Building Permit Summary Report
C. Adopt Resolution No. 20-036 Approving the Jeffers Pond Ninth Addition Final Plat
and Development Agreement
D. Adopt Resolution No. 20-049 Approving A Resolution Waving Platting Requirements
For the Subdivision of Property Located Along CSAH 17
E. Consider Adoption of Resolution 20-050 Postponing the Assessment Hearing for the
2020 Mill and Overlay Project
F. Consider Adoption of Resolution 20-051 Approving 2020 Street Maintenance
Services through the South Metro JPA
G. Consider Adoption of Resolution 20-052 Approving the 2020 Municipal State Aid
System Revisions
6. PRESENTATIONS
7. PUBLIC HEARINGS
8. OLD BUSINESS
9. NEW BUSINESS
10. REMOVED CONSENT AGENDA ITEMS
11. COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS
12. OTHER BUSINESS
13. ADJOURNMENT
ITEM: 4A
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 06, 2020
PREPARED BY: Ann Orlofsky, City Clerk
PRESENTED BY: Ann Orlofsky
AGENDA ITEM: March 16, 2020 City Council Meeting Minutes
GOAL AREA High-Value City Services
OBJECTIVE: 6. Seek community engagement through a variety of
communication methods to reach all residents.
RECOMMENDED ACTION:
Approve the March 16, 2020 City Council meeting minutes as presented.
ATTACHMENTS:
1. 03 16 2020 City Council Minutes
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
4646 Dakota Street SE
Prior Lake, MN 55372
REGULAR CITY COUNCIL MEETING MINUTES
March 16, 2020
CALL TO ORDER
Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors Thompson,
Burkart, Braid, and Erickson. Absent: City Manager Wedel. Also, in attendance were Assistant
City Manager Olson, Fire Chief Steinhaus, Police Chief Frazer, Finance Director Erickson, Public
Works Director/City Engineer Brotzler, Community Development Director McCabe, Planner
Matzke, Planner Schwabe, Police Commander Duggan, Assistant City Engineer Monserud, and
City Clerk Orlofsky.
PUBLIC FORUM
No members of the public spoke.
APPROVAL OF AGENDA
MOTION BY BURKART, SECOND BY BRAID, TO ADD ITEM 9A - A Resolution Extending
THE MAYOR’S EMERGENCY DECLARATION DUE TO COVID-19 AND APPROVE THE
AGENDA AS AMENDED.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☒ ☒ ☒ ☒ ☒
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
The motion carried.
APPROVAL OF CITY COUNCIL MEETING MINUTES
4A. CONSIDER APPROVAL OF MARCH 2, 2020 REGULAR CITY COUNCIL MEETING
MINUTES.
MOTION BY THOMPSON, SECOND BY BRAID, TO APPROVE THE MINUTES OF MARCH 2,
2020 CITY COUNCIL MEETING.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☒ ☒ ☒ ☒ ☒
Nay
☐
☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐
☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
The motion carried.
1
CONSENT AGENDA
Olson: Reviewed the items on the consent agenda.
A. Approval of Claims Listing
B. Approval of a Resolution Accepting Bids/Authorizing and Executed Contract of the 2020
Mill and Overlay Improvement Project Report
C. Approval of Animal Control Services Report
D. Approve February Fire Incident Report
E. Consider Approval of a Resolution Declaring Costs to be Assessed, Ordering Preparation
of Proposed Assessment Roll and Establishing the Date of the Assessment Hearing and
Publication thereof for the 2020 Mill and Overlay Project #STR20-000001
F. Approval of a Resolution for the Purchase of the Pothole Patch/Recycler
G. Accept the 2019 Code Enforcement Year-End Report
H. Adopt a Resolution Approving the Suite Living Senior Care of Prior Lake Final Plat and De-
velopment Agreement
I. Adoption of a Resolution Approving Fund Transfers as Part of the 2019 Year-End Closing
Process
J. Approval of a Resolution Approving Amendments to the 2020 Budgets for Project Expendi-
tures Carried Forward from 2019
K. Approval of a Resolution Approving an Amendment to the 2040 Comprehensive Land Use
Plan and Approval of an Ordinance for an Amendment to the Official Zoning Map for a
Property at 4285 Fountain Hills Drive NE
L. Adoption of Resolution Authorizing the Mayor and City Manager to enter into a Preliminary
Development Agreement with The Beard Group, Inc.
M. Approval of a Resolution for a Consultant Pool for Professional Services
N. Adopt a Resolution for 2020 Encrypted Radio Purchase
MOTION BY THOMPSON, SECOND BY BRAID, TO APPROVE THE CONSENT AGENDA.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☒ ☒ ☒ ☒ ☒
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
The motion carried.
PRESENTATIONS
6A. No Presentations Scheduled
PUBLIC HEARINGS
7A. No Public Hearing Scheduled
2
DRAFT 03 16 2020 City Council Meeting Minutes
OLD BUSINESS
8A. No Old Business Scheduled
NEW BUSINESS
9A. Resolution Extending the Mayor’s Emergency Declaration due to COVID-19.
Mayor Briggs: I have declared an emergency. My declaration is effective for three days and I
request that the Council extend the declaration for an indefinite period of time.
Olson provided the background information.
MOTION BY BURKART, SECOND BY BRAID, TO ADOPT A RESOLUTION EXTENDING THE
MAYORS EMERGENCY DECLARATION.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☒ ☒ ☒ ☒ ☒
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
The motion carried.
10A. REMOVED CONSENT AGENDA ITEMS
11A. OTHER BUSINESS / COUNCILMEMBER REPORTS
Erickson: 3/13 Agenda Review
Braid: 3/9 EDA Meeting, 3/9 PC Meeting, 3/11 Thank You Lunch with Councilor Thompson for
the Prior Lake PD and Fire Department, 3/12 Agenda Review
Burkart: Attended visitation for former Tribal Chairman Charlie Vig’s son Scott Vig, 3/9 Suburban
Transit Authority Board Meeting
Thompson: 3/9 EDA Meeting, 3/10 Prior Lake-Spring Lake District Water Shed Board Meeting,
3/11 Chamber Meeting, and 3/12 Agenda Review
Briggs:3/4 Municipal Legislative Commission Board of Directors Meeting, 3/4 First Hearing in the
House on our Street Infrastructure Fees, 3/9 Regional Council of Mayors Meeting, 3/9 Attended
the EDA Meeting, 3/12 The Item in the house was directed to go to the House Floor.
Olson: Encouraged Residents to sign-up for online payments of their utility bills.
12A. OTHER BUSINESS
No Other Business
3
DRAFT 03 16 2020 City Council Meeting Minutes
13A. ADJOURNMENT
MOTION BY THOMPSON, SECOND BY BRIAD, TO ADJOURN THE MEETING AT 7:15 P.M.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☒ ☒ ☒ ☒ ☒
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
The motion carried.
Respectfully Submitted,
_____________________________
Lori Olson, Assistant City Manager
4
DRAFT 03 16 2020 City Council Meeting Minutes
Payments Issued 3/7/2020 - 3/27/2020
DateChecksACHEFTTotal
3/9/2020 7,708.12 7,708.12
3/10/2020 71,589.25 71,589.25
3/13/2020 97,541.92 9,906.95 360.00 107,808.87
3/16/2020 16,082.63 16,082.63
3/20/2020 196,492.93 34,925.97 6,184.64 237,603.54
3/23/2020 442.89 442.89
3/24/2020 64.60 64.60
3/25/2020 339.49 339.49
3/26/2020 328.00 328.00
3/27/2020 1,018,501.68 12,477.89 1,030,979.57
1,312,876.02 57,310.81 102,760.13 1,472,946.96
ITEM: 5A
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 06, 2020
PREPARED BY: Janet Ringberg, Accounting Specialist
PRESENTED BY: Cathy Erickson, Finance Director
AGENDA ITEM: Approval of Claims Listing
GOAL AREA High -Value City Services
OBJECTIVE: 1. Establish financial stability for all funds.
RECOMMENDED ACTION:
Adopt the Claims List as presented.
BACKGROUND:
The current claims listing is a check register which includes a chronological listing of payments
issued (check, EFT, ACH, and wires) with the associated vendor and description of the claim
paid. The option to include a general ledger account number is not available with this report.
ALTERNATIVES:
1. Motion and second as part of the consent agenda to adopt the claims list as presented
2. Motion and second to remove the claims list from the consent agenda for additional
discussion.
ATTACHMENTS:
1. 5A Claims Listing 04 06 2020 Attach 1
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
CHECK REGISTER FOR CITY OF PRIOR LAKE 1/7Page: 03/27/2020 12:01 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 03/07/2020 - 03/27/2020
AmountDescriptionVendor NameVendorCheckBankCheck Date
Bank 1 General Bank
354.00 544 Sander vibrator CRYSTEEL TRUCK EQUIPMENT0000395510(S)103/13/2020
(354.00)Warranty Credit
0.00
959.70 2020 Dental ClaimsDELTA DENTAL000272135759(E)103/09/2020
6,748.42 2020 HRA ClaimsMEDICA000133255760(E)103/09/2020
2,400.00 Feb 2020 Animal Control4 PAWS ANIMAL CONTROL LLC000067985761(A)103/13/2020
532.98 Wash bay pressure washer repair AMERICAN PRESSURE INC000015805762(A)103/13/2020
10.00 ParkingANDY STEPHES000271895763(A)103/13/2020
65.16 Mileage, Work Session CookiesANN SCHROEDER000270355764(A)103/13/2020
580.50 DEV17-000002 Haven RidgeBOLTON & MENK INC000026375765(A)103/13/2020
354.00 DEV19-000017 Haven Ridge 3rd Addn
934.50
185.00 LED MonitorCOMPUTER INTEGRATION TECH000037605766(A)103/13/2020
958.00 HPProDesk 400, LED Monitor
1,143.00
120.82 1020 Cage kitEMERGENCY AUTOMOTIVE TECH INC000054805767(A)103/13/2020
170.33 Skid loader strobe lamps
587.51 120 new squad supplies
1,576.99 720 new squad supplies
587.51 320 new squad supplies
3,043.16
52.45 Cable TieFASTENAL COMPANY000061405768(A)103/13/2020
217.28 452 Wing counter balance FORCE AMERICA000067735769(A)103/13/2020
515.97 466 Sander cables
335.04 466 Feedback sensor
81.21 789 Loader plow relief cartridge
195.12 467 Sander spinner motor
(547.76)Parts Return
(640.62)Return
156.24
32.64 Receipt BookINNOVATIVE OFFICE SOLUTIONS LLC000271495770(A)103/13/2020
380.80 Disinfectant Wipes
41.35 Scissors, Cups
100.00 Ley, Ritter - Business Cards
15.64 Latex Gloves
35.00 P Young - Business Cards
418.60 Window Envelopes
1,024.03
82.76 Lunch, MileageKIRT BRIGGS000272205771(A)103/13/2020
77.90 Winter Jacket - SamNORTH AMERICAN SAFETY000145745772(A)103/13/2020
266.14 Feb 2020 Repair PartsO'REILLY AUTO PARTS000150885773(A)103/13/2020
80.00 Polar PlungePENTAGON MATERIALS INC000274265774(A)103/13/2020
1.55 502 Drain plug gasketZIEGLER INC000265005775(A)103/13/2020
CHECK REGISTER FOR CITY OF PRIOR LAKE 2/7Page: 03/27/2020 12:01 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 03/07/2020 - 03/27/2020
AmountDescriptionVendor NameVendorCheckBankCheck Date
37.08 501 Fuel filters
38.63
71,153.75 Mar 2020 Health Insurance PremiumsMEDICA000133255776(E)103/10/2020
435.50 Mar 2020 Merchant Card FeesTRANSFIRST000206935777(E)103/10/2020
360.00 Mar 2020 HRA Admin FeeMEDICA000133255778(E)103/13/2020
83.15 MileageANN BAUCOM-ORLOFSKY000276495779(A)103/20/2020
10,737.00 Fire Toughbook FZ-55 w/ docking st.BAYCOM INC000269695780(A)103/20/2020
5,642.00 Toughbook FZ-55 Laptop
16,379.00
1,937.50 Hidden View PondBOLTON & MENK INC000026375781(A)103/20/2020
68.02 Fuel FilterBOYER FORD TRUCKS INC000027105782(A)103/20/2020
52.78 #120 LED Flasher EMERGENCY AUTOMOTIVE TECH INC000054805783(A)103/20/2020
52.78 #720 LED Flasher
52.78 #320 LED Flasher
158.34
15.48 789 Hydraulic filter plugFORCE AMERICA000067735784(A)103/20/2020
147.08 Duggan - FleeceGALLS LLC000070755785(A)103/20/2020
44.39 Ley - Cap
191.47
7,280.00 Website DesignGRANICUS LLC000277925786(A)103/20/2020
267.95 488 Tire repair HART BROS TIRE CO000082375787(A)103/20/2020
40.65 Watson - Business CardsINNOVATIVE OFFICE SOLUTIONS LLC000271495788(A)103/20/2020
110.52 Misc Office Supplies
63.12 Misc Office Supplies
122.55 Toner
336.84
136.25 Bldg Insp Class, MileageJAMES MAYER000132355789(A)103/20/2020
104.67 Mobile Phone MountJIM RUZICKA000188555790(A)103/20/2020
615.39 Service PD AlarmsMETRO ALARM CONTRACTORS INC000133545791(A)103/20/2020
606.17 Service Mtce Center Alarms
1,221.56
199.00 Fire School, MileageMICHAEL KILANOWSKI000113575792(A)103/20/2020
1,605.38 Paper Products, Cleaning SuppliesNETWORK SERVICES COMPANY000143815793(A)103/20/2020
2,183.00 Feb 2020 Labor & EmploymentNILAN JOHNSON LEWIS000081235794(A)103/20/2020
185.00 488 AM/FM RadioTITAN MACHINERY000205235795(A)103/20/2020
33.65 Mtce Center First Aid SuppliesZEE MEDICAL SERVICE000263505796(A)103/20/2020
137.65 789 filters ZIEGLER INC000265005797(A)103/20/2020
477.80 789 Hydraulic filter housing
1,924.26 258 Blacktop mill plates
2,539.71
904.20 2020 Dental ClaimsDELTA DENTAL000272135798(E)103/16/2020
110.00 2020 Dental Claims
1,014.20
CHECK REGISTER FOR CITY OF PRIOR LAKE 3/7Page: 03/27/2020 12:01 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 03/07/2020 - 03/27/2020
AmountDescriptionVendor NameVendorCheckBankCheck Date
375.51 2020 HRA ClaimsMEDICA000133255799(E)103/16/2020
13,589.94 Mar 2020 Electric BillsMN VALLEY ELECTRIC000137385800(E)103/16/2020
2.00 Feb 2020 Transaction FeesPOINT & PAY000276215801(E)103/16/2020
1,100.98 Mar 2020 Elecrtic BillsSHAKOPEE PUBLIC UTILITIES000193885802(E)103/16/2020
46.00 Feb 2020 COBRA Admin FeeALERUS000013755803(E)103/20/2020
588.53 Feb 2020 Fuel TaxMN DEPT OF REVENUE000136125804(E)103/20/2020
3,355.00 Feb 2020 Sales Tax
3,943.53
2,195.11 Mar 2020 Phone BillsNUVERA000193045805(E)103/20/2020
64.60 Mar 2020 Admin FeesFURTHER000135045806(E)103/24/2020
328.00 Mar 2020 HSA Admin FeesALERUS000013755807(E)103/26/2020
259.50 21/13 ImprovementsBOLTON & MENK INC000026375808(A)103/27/2020
12,218.39 Water Treatment ChemicalsHAWKINS INC000083125809(A)103/27/2020
442.89 2020 HRA ClaimsMEDICA000133255810(E)103/23/2020
7,847.00 Lower Shop DoorsACTION OVERHEAD GARAGE DOOR00001210105723103/13/2020
87.50 Mar 2020 Club Prior Social Media ClassesAMANDA FAY00027666105724103/13/2020
835.05 WTF Gate RepairBARNUM GATE SERVICES INC00002097105725103/13/2020
40.00 Refund - community GardenBETSY SPIELMANREFUND-REC105726103/13/2020
60.00 Brotzler - 2020 Membership DuesCITY ENGINEERS ASSN OF MN00003520105727103/13/2020
29.52 Feb 2020 UB Billing - Carrier ChargesCSG SYSTEMS INC00027506105728103/13/2020
363.42 Stock batteriesFACTORY MOTOR PARTS COMPANY00006020105729103/13/2020
1,200.00 Stock squad tires GOODYEAR COMMERCIAL TIRE00007510105730103/13/2020
7,314.17 Mar 2020 UnleadedKELLEY FUELS INC00011219105731103/13/2020
6,793.80 Mar 2020 Diesel
14,107.97
1,000.00 MS4 Program - MCSC MembershipLEAGUE OF MINN CITIES00012450105732103/13/2020
400.00 Wedel - MCMA Conference
1,400.00
1,800.00 Emergency Sewer PumpingMIKE'S SEPTIC SERVICE00013502105733103/13/2020
135.00 Final - CR 13 Water Main ProjectMINGER CONSTRUCTION 00027726105734103/13/2020
8,627.71 Retainage - CR 13 Watermain
8,762.71
1,271.00 Ritter, Ley - Pre-employment TestingMN OCCUPATIONAL HEALTH00027099105735103/13/2020
23.21 South Tower Wireless ServiceOMNI SITE00015552105736103/13/2020
17.23 UB REFUND: 405851-00PAT & PATTY MCDONALDREFUND-UB105737103/13/2020
175.00 2020 Dues - 5 MembersPLEAA00027179105738103/13/2020
25,580.00 Installation of 3 new outdoor warning siREADY WATT ELECTRIC00018235105739103/13/2020
95.86 UB REFUND: 404794-00ROBERT & BARBARA GRODAHLREFUND-UB105740103/13/2020
202.08 Exterior PaintSHERWIN-WILLIAMS CO00019456105741103/13/2020
842.19 Paint
1,044.27
32,305.70 Jan 2020 Water PurchasesSMSC00019384105742103/13/2020
261.44 Feb 2020 Legal NoticesSOUTHWEST NEWSPAPERS00019676105743103/13/2020
100.00 Mar 2020 Portable ToiletsSPECIALIZED SANITATION00019703105744103/13/2020
55.00 Mar 2020 Shredding ServiceVETERAN SHREDDING LLC00027643105745103/13/2020
80.04 Electricity - 4662 Dakota St SEXCEL ENERGY00014720105746103/13/2020
86.45 Coffee, TeaARAMARK REFRESHMENT SERVICES00001772105747103/20/2020
1,251.70 WTF Gate RepairBARNUM GATE SERVICES INC00002097105748103/20/2020
519.08 TiresBAUER BUILT INC00002145105749103/20/2020
CHECK REGISTER FOR CITY OF PRIOR LAKE 4/7Page: 03/27/2020 12:01 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 03/07/2020 - 03/27/2020
AmountDescriptionVendor NameVendorCheckBankCheck Date
271.70 Mar 2020 Parks RefuseBUCKINGHAM COMPANIES00002919105750103/20/2020
1,340.00 Wilds Booster St Motor Pump #5CANNON ELECTRIC MOTOR00003092105751103/20/2020
17,275.19 Road SaltCARGILL INC00003123105752103/20/2020
209.27 Mar 2020 Phone BillsCENTURY LINK00021220105753103/20/2020
70.00 Mar 2020 Tai Chi InstructorCHRISTINE T MORGAN00027316105754103/20/2020
2,333.89 TIF 2nd Half 2019CREEKSIDE 7K LLC00003938105755103/20/2020
29.00 521 Flusher air valveCRYSTEEL MANUFACTURING INC00003982105756103/20/2020
595.00 Dugan - Investigations TrainingDAIGLE LAW GROUP LLC00027796105757103/20/2020
77.00 Key BoxDAMA METAL PRODUCTS INC00027062105758103/20/2020
121.14 BatteryFACTORY MOTOR PARTS COMPANY00006020105759103/20/2020
(36.75)Battery Core Return
84.39
1,256.54 SCBA Mask BagsFIRE EQUIPMENT SPECIALTIES INC00006455105760103/20/2020
65.00 Field Trip CancellationJEANNE HILDEBRANDTREFUND-REC105761103/20/2020
6,400.00 DehumidifiersKLAMM MECHANICAL CONTRACTORS INC00026904105762103/20/2020
4,125.00 HVAC Repair
5,545.00 2020 HVAC
16,070.00
105.00 Refund Massage Therapy Lic FeeKYM KOKTAVYREFUND-MSC105763103/20/2020
79.95 Tri Ball MountLANO EQUIPMENT INC00012255105764103/20/2020
4,195.00 #256 Toro Cement Mixer
4,274.95
640.00 Feb 2020 Yoga & Fitness ClassesLINDSY WILKERSON00027005105765103/20/2020
290.00 Mar 2020 Yoga & Fitness Classes
930.00
13.32 Repair SuppliesLOWE'S00012754105766103/20/2020
50.00 Ayers - Death Notification TrainingMADD MINNESOTA00027798105767103/20/2020
26,217.15 #1 Hidden View PondMINGER CONSTRUCTION 00027726105768103/20/2020
23.00 Breeggemann - Water Supply Op RenewalMN DEPT OF HEALTH00013618105769103/20/2020
23.00 Ellanson - Water Supply System Operator
46.00
960.00 Firefighter Cert ExamsMN FIRE SERVICE CERTIFICATION BOARD00013630105770103/20/2020
6,159.06 Fuelmaster SoftwarePUMP AND METER SERVICE00027756105771103/20/2020
123.79 Heart Health Day SuppliesSAM'S CLUB00019036105772103/20/2020
1,022.00 250010582 2020 Property TaxesSCOTT COUNTY00019212105773103/20/2020
58.00 254040700 2020 Property Taxes
4.00 254120260 2020 Property Taxes
142.00 254360590 2020 Property Taxes
92.00 254460310 2020 Property Taxes
354.00 254460330 2020 Property Taxes
28.00 255470260 2020 Property Taxes
3,530.00 259230142 2020 Property Taxes
2,350.00 250010550 2020 Property Taxes
7,580.00
1,508.00 Repair Message CenterSIGN SOURCE INC00019509105774103/20/2020
CHECK REGISTER FOR CITY OF PRIOR LAKE 5/7Page: 03/27/2020 12:01 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 03/07/2020 - 03/27/2020
AmountDescriptionVendor NameVendorCheckBankCheck Date
62,318.27 SMSC WTF Forcemain Cost ShareSMSC00019384105775103/20/2020
24,445.40 Feb 2020 Water Purchases
86,763.67
313.66 Summer Program SuppliesSPARTAN PROMOTIONAL GROUP INC00019706105776103/20/2020
2,566.83 Compact Red Dot SightSTREICHERS00019900105777103/20/2020
59.98 Tourniquets
1,116.00 Ley - Ballistic Vest
1,116.00 Ritter - Ballistic Vest
2,975.00 Sig Sauer Suppressors
81.00 Equipment Pouches
7,914.81
390.00 Off Site Group EducationTHREE RIVERS PARK DISTRICT00008585105778103/20/2020
43.12 Meal for InvestigatorsUS BANK00002105105779103/20/2020
298.00 Kelm,Ayers - Lead Without Rank Training
450.00 Cassman - Armorer Training
236.00 Wedel - Dues
31.83 Meeting w/JW,KB,AT
560.00 Wedel - Membership Dues
18.30 Admin Lunch
990.00 Disney on Ice Tickets
75.00 O'Donnell - DMT Refresher
75.00 Schaefer - DMT Refresher
50.43 Lunch - History Project Group
52.53 Evidence Packing Tape
62.40 Misc Office, Cleaning Supplies
150.00 Employee Discipline Issues
11.97 Bottled Water
60.00 Scheduling Software
41.10 Bisek- Airfare LETG Conference
25.00 Summer Program Ads
25.00 Summer Progams Ad
35.00 Summer Program Ad
15.00 Recreation Facebook Ad
190.00 Frazer - 2020 Membership Dues
92.24 Ley POST License
92.24 Ritter POST License
142.39 Memorial Flowers - Scepaniak
85.00 Schmidt - Continuing Ed
85.00 Chard - Continuing Ed
50.00 Stefanisko - 2020 Dues
70.00 Etter - 2020 Membership Dues
70.00 Erickson - 2020 Membership Dues
568.63 Box Lunches - Election Judges
26.96 Squad Printer Cables
22.94 iPhone Case
26.96 Squad Printer Cables
40.61 Squad USB Hubs
4,868.65
170.99 HP Officejet Pro 7740US BANK00002105105780103/20/2020
182.54 City Council Workshop
28.98 Bagels - Leadership Training
20.99 Feb 2020 Adobe Dreamweaver
375.00 Ritter - DMT-G Basic
CHECK REGISTER FOR CITY OF PRIOR LAKE 6/7Page: 03/27/2020 12:01 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 03/07/2020 - 03/27/2020
AmountDescriptionVendor NameVendorCheckBankCheck Date
375.00 Ley - DMT-G Basic
73.69 Storage Totes
21.45 Shotgun Sling Adapter
20.37 Shop Vac Filters
45.57 Engine 1 Key Safe
53.00 Pizza - PW Meeting
511.64 DOT Log Books
290.00 Zurbey - Operator School
58.00 Brotzler - Training
69.90 Spray Gun
26.65 Spray gun
11.35 Spray Guns
29.99 464 Plow lamps
11.88 Sprayer Nozzle
18.94 Chain Saw Wedge
52.50 Chain Saw Wedge
433.86 Brass Flow Impeller
10.73 Neptune Water Meter App
302.04 Library Lights
160.69 Elevator Keys
59.92 Lift Spports
85.19 Aluminum Rivets
320.00 Sr Luncheon Sponsor
73.84 Lunch - Watershed Speaker
24.18 Hand Sanitizer
28.98 Hand Sanitizer Bottles
8.12 Rubbing Alcohol
33.97 Supplies - Heart Health Day
174.93 Supplies - Beer & Brat Event
84.93 LED Balloons
4,249.81
74.84 Spring Tea FansUS BANK00002105105781103/20/2020
514.89 Pizza - Election Judges
19.54 Lunch - AB Voting
68.14 Precinct Supplies
15.02 City Council Worksession
77.80 Bottled Water - Council Chambers
113.44 Donuts - Election Judges
60.00 Orlofsky - Airport Parking
122.24 Precinct Supplies
40.00 Pecinct Supplies
135.60 City Council Worksession
85.81 File Totes
813.13 Orlofsky - Hotel Laserfiche Conference
2,140.45
350.40 RegistrationsWESTWOOD SPORTS00023511105782103/20/2020
159.20 PSN REFUND ACCT: 1-04335-01JASON & REBEKAH CLARKREFUND-UB105783103/25/2020
180.29 PSN REFUND ACCT: 2-02947-01MARK KESREFUND-UB105784103/25/2020
2,294.49 UB Refund #2-02198-04Christopher & Joy Logan REFUND-UB105785103/27/2020
2,933.00 Investigation System Service PackageLEADSONLINE LLC00027799105786103/27/2020
195.68 Trash Can LinersMARS SUPPLY00027801105787103/27/2020
25.00 Wedel - 2/27/2020 LuncheonMETROPOLITAN AREA MGMT ASSN00013397105788103/27/2020
1,750.00 Creative Mn Economic StudyMETROPOLITAN REGIONAL ARTS COUNCIL00027800105789103/27/2020
1,000.00 J Bradford Pension ContributionPRIOR LAKE FIRE DEPT00016640105790103/27/2020
120.00 2008 Chev EquinoxSCOTT COUNTY ATTORNEY00019232105791103/27/2020
150.00 2017 Chev Silverado #428620
CHECK REGISTER FOR CITY OF PRIOR LAKE 7/7Page: 03/27/2020 12:01 PM
User: Janet
DB: Prior Lake CHECK DATE FROM 03/07/2020 - 03/27/2020
AmountDescriptionVendor NameVendorCheckBankCheck Date
270.00
1,007,803.50 SMSC WTF Future Detention Tank/Filter ExSMSC00019384105792103/27/2020
915.96 Eco Thaw SaltSPECIALTY SOLUTIONS LLC00027576105793103/27/2020
209.99 Ritter - Vest CarrierSTREICHERS00019900105794103/27/2020
49.20 Mar 2020 Phone BillT-MOBILE00026962105795103/27/2020
262.19 Water SuppliesUSA BLUEBOOK00021882105796103/27/2020
287.26 Water Supplies
549.45
203.94 Feb 2020 Investigative ServicesWEST PAYMENT CENTER00023420105797103/27/2020
29.56 Electricity - 4662 Dakota St SEXCEL ENERGY00014720105798103/27/2020
177.94 Rake, Shovel, Manure ForkZACKS INCORPORATED00026100105799103/27/2020
79.99 Pop Up Towels
13.98 Hose Sprayer Nozzle
271.91
1 TOTALS:
1,472,946.96 Total of 130 Disbursements:
0.00 Less 0 Void Checks:
1,472,946.96 Total of 130 Checks:
ITEM: 5B
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 06, 2020
PREPARED BY: Lynda Allen, Building Department
PRESENTED BY: Casey McCabe, Community Development Director
AGENDA ITEM: Approval of Building Permit Summary Report
GOAL AREA Desirable & Sustainable Development
OBJECTIVE: 4. Encourage development and preservation of quality life-cycle
residential housing options.
RECOMMENDED ACTION:
Approve the building permit summary report as presented.
ALTERNATIVES:
1. Motion and second as part of the consent agenda to approve the building permit
summary report.
2. Motion and second to remove from the consent agenda for further discussion.
ATTACHMENTS:
1. BUILDING PERMIT REPORT 02-2020 Attach 1
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Number of Permits Declared Value Number of Permits Declared Value
Single Family Dwellings 9 $2,818,260.00 6 $1,450,953.00
Townhouses (# units)0 $0.00 0 $0.00
Multiple Units 0 $0.00 0 $0.00
New
Commercial Industrial & Commercial 0 $0.00 1 $1,000,000.00
Residential 29 $283,200.00 24 $499,084.00
Industrial & Commercial 1 $4,000.00 3 $41,500.00
tMechanical 69 54 $0.00
ttMechanical (SF&TH)36 24 $0.00
TOTALS 144 $3,105,460.00 112 $2,991,537.00
Number of Permits Declared Value Number of Permits Declared Value
Single Family Dwellings 16 $5,280,501.00 13 $4,243,284.00
Townhouses (# units)0 $0.00 0 $0.00
Multiple Units 0 $0.00 0 $0.00
New
Commercial Industrial & Commercial 0 $0.00 1 $1,000,000.00
Residential 64 $504,700.00 45 $619,272.00
Industrial & Commercial 3 $86,300.00 5 $5,044,000.00
tMechanical 117 $0.00 97
ttMechanical (SF & TH)64 $0.00 52
TOTALS 264 $5,871,501.00 213 $10,906,556.00
Summary of Fees Collected FEB 2020 FEB 2019 YTD 2020 YTD 2019
General Fund $41,639.21 $41,263.28 $92,059.86 $85,893.17
Trunk Reserve Fund $16,800.00 $28,812.00 $31,458.00 $42,726.00
Water Storage Fund $12,320.00 $21,140.00 $23,070.00 $31,478.00
Water and Sewer Fund $6,750.00 $9,878.91 $11,935.00 $15,348.91
Metro Council SAC $19,880.00 $34,790.00 $37,275.00 $52,185.00
State Surcharge $2,870.54 $2,262.96 $4,558.63 $3,789.23
Builders Fees and Deposits $20,000.00 $10,000.00 $37,500.00 $27,500.00
TOTAL $120,259.75 $148,147.15 $237,856.49 $258,920.31
Lynda S. Allen
Lynda S. Allen, Building Services Assistant
CITY OF PRIOR LAKE
BUILDING PERMIT SUMMARY
FEBRUARY 1, 2020 - FEBRUARY 28, 2020
New
Residential
FEBRUARY 2020 FEBRUARY 2019
2020 YEAR TO DATE 2019 YEAR TO DATE
New
Residential
Additions
and
Alterations
Additions
and
Alterations
t Mechanical permits include but are not limited to furnaces, water heaters, softeners, and fireplaces. They are flat-rate permit fees.
tt Mechanical (SF & TH) permits include required plumbing, heating, sewer and water and fireplace permits for new single family
residences. They are flat-rate permit fees.
ITEM: 5C
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 06, 2020
PREPARED BY: Amanda Schwabe, Planner
PRESENTED BY: Casey McCabe, Community Development Director
AGENDA ITEM: Adopt Resolution No. 20-036 Approving the Jeffers Pond Ninth
Addition Final Plat and Development Agreement
GOAL AREA Desirable & Sustainable Development
OBJECTIVE: 4. Encourage development and preservation of quality life-cycle
residential housing options.
RECOMMENDED ACTION:
Adoption of a resolution approving the Jeffers Pond Ninth Addition Final Plat, Development
Agreement, and Assignment.
BACKGROUND:
United Properties, on behalf of the property owner, Jeffers Foundation, has applied for approval
of a Final Plat known as Jeffers Pond Ninth Addition, to be developed as Lot 1, Block 1 and Outlot
A. The subject property is in the southwest corner of the CSAH 42 and Fountain Hills Drive NW
intersection, along Jeffers Parkway NW.
The original PUD plan for Jeffers Pond was approved in 2005. On November 18, 2019 the City
Council approved the major PUD Amendment to allow the proposed Applewood Pointe of Prior
Lake Senior Cooperative Community in this location.
Jeffers Pond Ninth Addition consists of approximately 9.28 acres. Lot 1 will consist of a 99-unit
senior cooperative. Outlot A will remain a wetland with the existing conservation easement. A trail
and utility easement will be granted by the Developer to the City for the existing public trails and
pressure reducing valve structure located on the property. The City will grant an easement for the
portion of the existing monument sign which encroaches into the right of way adjacent to Fountain
Hills Drive NW.
The Developer is requesting City Council review and approve an Assignment to allow the
Developer to assign the Development Agreement to the Senior Cooperative Community (“Coop”)
prior to the completion of the developer installed improvements and in conjunction with the
transfer of the property to the Coop. Developer makes this request because the development is
to be at least partially financed by the US Department of Housing and Urban Development and
HUD requires the property be owned by the Coop in order to proceed with the HUD financing.
The assignment is written such that United Properties is still fully responsible for all development
agreement obligations.
City Attorney Schwarzhoff and staff have reviewed the attachments and finds them to be in
substantial compliance with the approved major PUD amendment and acceptable.
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5C
Page | 2
The platting of this property will allow the construction of the 99-unit senior cooperative
community. City Staff recommends approval of the final plat, the corresponding development
agreement and assignment.
FINANCIAL IMPACT:
None
ALTERNATIVES:
1. Motion and second, as part of the consent agenda, adopting a resolution approving the
Jeffers Pond Ninth Addition final plat, development agreement and assignment.
2. Remove this item from the consent agenda for additional discussion.
ATTACHMENTS:
1. Jeffers Pond Ninth Addition Location Map Attach 1
2. Jeffers Pond Ninth Addition Res Attach 2
3. Development Agreement Attach 3
4. Assignment and Consent Attach 4
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 20-___
A RESOLUTION APPROVING THE JEFFERS POND NINTH ADDITION FINAL PLAT,
DEVELOPMENT AGREEMENT AND ASSIGNMENT
Motion By: Second By:
WHEREAS, United Properties Residential LLC (the “Developer”), has submitted an application
to the City of Prior Lake for approval of a Final Plat for Jeffers Pond Ninth Addition;
and
WHEREAS, The City Council has found that the final plat of Jeffers Pond Ninth Addition is in
substantial compliance with the approved preliminary plat for Jeffers Pond and
Ordinance No. 119-12 approving a major PUD amendment for Applewood Pointe
Senior Cooperative Community; and
WHEREAS, Developer will be assigning the development agreement to the senior cooperative
community prior to completion of developer installed improvements; however,
Developer remains fully responsible for all development agreement obligations.
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 as if fully set forth.
2. The final plat of Jeffers Pond Ninth Addition is approved subject to the following conditions,
which shall be met by the Developer prior to release and recording of the final plat:
a. Compliance with the City Engineering/Public Works Dept. Memorandum dated February
14, 2020.
b. A current title opinion or commitment of title insurance is submitted acceptable to the City
Attorney.
c. Payment of all fees prior to release of the final plat mylars.
d. Reductions of the entire final plat be submitted, to the following scales: 1” = 200’; and one
reduction at no scale which fits onto an 8 1/2” x 11” sheet of paper.
e. Three mylar sets of the final plat with all required signatures are submitted.
f. The final plat and all pertinent documents must be filed with Scott County within 90 days
from the date of final plat approval. Failure to record the documents by July 5, 2020, will
render the final plat null and void.
3. The Mayor and City Manager are hereby authorized to execute the Development Agreement
and Assignment on behalf of the City.
th
Passed and adopted by the Prior Lake City Council this 6 day of April 2020.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☐
☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
140TH ST NW
JEFFERS PKW Y NWMCKENNA RD NWFOUNTAIN HILLS DR NWPARKVIEW LN NWJeffers Wildlife Pond
Ü
XXXX JEFFERS PARKWAY NW - Applewood PointeMajor PUD AmendmentLocation Map
UPPER PRIOR LAKEGD(904)
LOWER PRIOR LAKEGD(904)
PIKELAKENE(820.5)
MYSTICLAKENE
HAASLAKENE(907.3)
ARTICLAKENE(906.7)
MARKLEYLAKERD( )
HOWARD LAKENE(957.3)
SUBJECTPROPERTY
SUBJECTPROPERTY
DEVELOPMENT AGREEMENT
APPLEWOOD POINTE
PROJECT # DEV19-000024
This Development Agreement (“Agreement”) is entered into this ___ day of __________,
2020, by and between the City of Prior Lake, a Minnesota municipal corporation (“City”), and
United Properties Residential LLC, a Minnesota limited liability company (“Developer”).
WHEREAS, Developer is the owner of property located within the City of Prior Lake,
County of Scott, legally described on Exhibit A (“Property”);
WHEREAS, Developer has applied to the City for final plat approval for the
construction of 99 senior cooperative residential housing units on the Property;
WHEREAS, the Property is currently encumbered by that certain Development Contract
dated June 6, 2005, filed June 7, 2005, as document no. A700559 by and among the City,
Wensmann Realty, Inc., a Minnesota corporation and Jeffers Pond Foundation, a Minnesota
corporation (“2005 Development Contract”), which, upon execution of this Agreement shall be
terminated by the City and be of no further force or effect as to the Property, the Developer and
its successors and assigns pursuant to the terms herein;
NOW, THEREFORE, in consideration of the City adopting Resolution No. _____
(“Resolution”) for final plat approval for the construction of 99 senior cooperative residential
housing units and the related public improvements on the Property, Developer agrees to
construct, develop and maintain the Property as follows:
1. RIGHT TO PROCEED. The City shall not issue a grading or building permit and
Developer shall not grade or otherwise disturb the earth, remove trees, develop, construct upon
or maintain the Property in any manner, or begin the Development Work until all of the
following conditions have been satisfied: 1) the final Plat and this Agreement have been fully
2
executed by all parties and recorded in the office of the Scott County Recorder or Registrar or
Titles as applicable; 2) the necessary Security, fees and insurance have been received by the
City, and 3) the City Engineer or designee has issued a letter that all conditions have been
satisfied and that the Developer may proceed (“Notice to Proceed”).
2. PHASED DEVELOPMENT. This Agreement represents approval only of the
units identified above and the related improvements set forth on the final Plat and Plans. It does
not represent approval of any additional development including any proposed future phases.
3. DEVELOPMENT PLANS.
A. The Property shall be developed in accordance with the final plans
identified below, subject to such changes and modifications as provided herein (“Plans”). The
Plans shall not be attached to this Agreement, but are incorporated by reference and made a part
of this Agreement as if fully set forth herein. If the Plans vary from the written terms of this
Agreement, the more specific or stringent controls shall apply. The Plans are:
Plan A -- Final Plat as stamped approved by the City Engineer or
his/her designee (Prepared by E.G. Rud & Sons, Inc.)
subject to the changes and modifications set forth in the
Resolution.
Plan B -- Final Grading, and Erosion Control Plan(s) including Storm
Water Pollution Prevention Plan (“SWPPP”) as stamped
approved by the City Engineer or his/her designee
(Prepared by Pioneer Engineering)
Plan C -- Plans and Specifications for Developer Installed
Improvements as stamped approved by the City Engineer
or his/her designee (Prepared by Pioneer Engineering)
Plan D -- Landscape Plan as stamped approved by the City Public
Works and Natural Resources Director or his/her designee
(Prepared by Pioneer Engineering)
B. In addition, Developer shall grade, construct upon, and improve the
Property pursuant to all requirements of this Agreement, the Resolution, the Prior Lake City
3
Code, the City’s Public Works Design Manual (“PWDM”), and the direction of the City
Manager or his/her designee. All improvements and other work required by the Plans, the
Developer Installed Improvements, and such other work as is required by this Agreement, the
Resolution or the parties identified above are hereafter referred to as the “Development Work.”
Developer shall be responsible for all costs related to the Development Work.
4. DEVELOPER INSTALLED IMPROVEMENTS.
A. The Developer shall install and pay for the following public
improvements, as further detailed in Plan C as referenced in Section 3 above, which shall be
dedicated or conveyed to the public, and which are hereafter referred to as the “Developer
Installed Improvements”: storm sewer, concrete curb and gutter, site grading and ponding, traffic
control signs, street signs, setting of iron monuments, sidewalks, trails, landscaping and wetland
buffer signage.
B. No later than twenty four (24) months from the issuance of the Notice to
Proceed from the City to construct the senior cooperative housing structure, Developer shall
complete all Developer Installed Improvements and obtain the City Council’s resolution
memorializing formal acceptance of the Developer Installed Improvements.
C. As a condition of the City’s acceptance of the Developer Installed
Improvements, the Developer’s engineer shall by written letter certify to the City that the
Developer’s engineer made reasonable inspections of the Developer Installed Improvements and
that the Developer Installed Improvements were built in accordance with this Agreement.
D. Upon the City Council’s resolution formally accepting the Developer
Installed Improvements, the Developer Installed Improvements shall automatically become
4
property of the City without further notice or action. Prior to such resolution, the Developer shall
be responsible for all maintenance of the Developer Installed Improvements.
E. Under no circumstances shall Developer charge or assess, directly or
indirectly, any fee, charge, assessment or consideration, to any party, for connection or access to,
or service by, any Developer Installed Improvement.
5. PROJECT TESTING. The Developer is responsible, at the Developer’s sole cost,
to provide testing to certify that Developer Installed Improvements were completed in
compliance with the Plans. The personnel performing the testing shall be certified by the
Minnesota Department of Transportation. The City Engineer has the sole discretion to determine
if additional testing is necessary. The cost of additional testing is to be paid by the Developer.
6. FINAL PLAT AND AS-BUILTS.
A. Within 30 days after the completion of the Developer Installed
Improvements, Developer shall supply the City a complete set of reproducible “as constructed”
plans, and four complete sets of blue line “as constructed” plans, all prepared in accordance with
City standards. In addition, Developer shall provide the City with an as built grading plan and a
certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been
constructed on public easements or land owned by the City. The Security shall not be released until
the as-builts have been received by the City. The as-built plan shall include field verified elevations
of the following: a) cross sections of ponds, b) location and elevations along all swales and ditches,
and c) lot corners and building corners. As-builts shall meet all applicable requirements in the
PWDM including but not limited to Part II, Section 10.
B. The Developer shall to submit the final Plat in electronic format. The
electronic format shall be compatible with the City’s current software. In addition, upon
5
completion of the project the Developer shall provide the City with as -built utility plans in
electronic format compatible with the City’s current software and with layers, colors, and line-
types formatted in accordance with City standards. Additionally, three (3) full size (22 X 34
inch) paper copies and one (1) reduced (11 X 17 inch) copy shall be certified and submitted to
the City.
7. MONUMENTS. Before the Security is released, Developer shall install iron
monuments in accordance with Minn. Stat. §505.021. The Developer’s surveyor shall submit a
written notice to the City certifying that the monuments have been installed.
8. WARRANTY. Developer warrants all Developer Installed Improvements against
any defects, poor material and faulty workmanship for a period of 24 months after its completion
by Developer and acceptance by the City. Any replacement work shall be so warranted for two
years after its completion by Developer and acceptance by the City. Notwithstanding the
foregoing, all landscaping including but not limited to, trees, bushes, shrubs, grass and sod, shall
be warranted to be alive, of good quality and disease free for 12 months after planting. Any
replacements shall be so warranted for 12 months after planting of the replacement. Both the
Developer Installed Improvement warranty period and the landscape warranty period are
hereinafter referred to as the “Warranty Period”.
9. LICENSE. The Developer hereby grants the City, its agents, employees, officers
and contractors a non-revocable license to enter the Property to perform all work and inspections
deemed appropriate by the City in conjunction with the development of the Property.
10. EROSION CONTROL.
A. Developer shall be responsible for constructing and maintaining all
grading, storm water/drainage infrastructure, and erosion control in compliance with the Plans,
6
the City Engineer’s requirements, and the building/grading plan, until such time as the City has
accepted the Developer Installed Improvements as provided for in paragraph 4 above.
B. Developer shall install silt fence prior to lot construction to avoid erosion
to adjoining properties, public sidewalk or the public street; locate all garbage roll offs and
dumpsters, or cause the same to be located, on the Property and not on public property; and
install protection at catch basins to prevent silt and debris from entering the storm sewer.
C. Developer shall seed or lay cultured sod in all boulevards and restore all
other areas disturbed by the Development Work within thirty (30) days of the completion of
street related improvements. Boulevard and Area Restoration shall be in accordance with the
approved erosion control plan and SWPPP. Developer shall not commence any site work until
the Developer has installed silt-fences per the Development Plans. Developer shall be
responsible for the maintenance of any silt fence installed. Upon request of the City Engineer,
the Developer shall remove the silt fences after turf establishment.
D. Prior to initiating site grading, the erosion control plan and SWPPP shall
be implemented by the Developer and inspected and approved by the City Engineer. The City
may require the Developer, at no cost to the City, to install additional erosion control measures if
they are necessary to meet erosion control objectives. All areas disturbed shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched, and
disc anchored as necessary for seed retention.
E. No development, utility or street construction will be allowed unless the
Property is in full compliance with the erosion control requirements.
7
11. CONSTRUCTION ACCESS. Construction traffic access is restricted to Fountain
Hills Drive NW and Jeffers Parkway NW in accordance with approved plans. No construction
traffic is permitted on other adjacent local streets.
12. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING
PERMITS AND CERTIFICATES OF OCCUPANCY.
A. Wetland buffer signage must be installed prior to the issuance of any
building permits within the Property and in accordance with the requirements of the Public
Works Design Manual (Part III, Hydrology Rules).
B. A temporary or permanent Certificate of Occupancy shall not be issued for
any building on the Property until water and sanitary sewer improvements have been installed
and the streets have been completed and the first lift of bituminous has been placed and said
improvements have been inspected and determined by the City to be available for use.
C. Notwithstanding any other provision of this Agreement, the City will issue
a building permit for a temporary parking lot upon Developer’s compliance with the following
requirements: (1) approval of the building plans by the Building Official; and (2) approval of a
site survey for parking lot(s) by the City Planner.
13. CONSTRUCTION OBSERVATION. The City’s authorized personnel shall
provide construction observation during the installation of the Developer Installed Improvements
in accordance with the PWDM. These services by the City shall include:
A. Construction observation during installation of required Developer
Installed Improvements, which include grading, sanitary sewer, water main, storm
sewer/ponding and street system.
8
B. Documentation of construction work and all testing of Developer Installed
Improvements.
C. Field document as-built location dimensions for sanitary sewer, water
main and storm sewer facilities. The Developer’s Engineer is responsible for data collection and
preparation of as-built record plans.
14. DEDICATIONS, CONVEYANCES, EASEMENTS, VACATIONS AND
MEMORANDUM OF TERMINATION OF 2005 DEVELOPMENT CONTRACT AND
MONITORING AND MAINTENANCE AGREEMENT FOR STORMWATER
MANAGEMENT.
A. Developer shall convey to the City, through dedication in the final Plat or
a separate conveyance document: (i) an easement covering the portion of the Property
encompassing all Developer Installed Improvements, (ii) an easement covering the portion of the
Property necessary for all public and private connections and access to all Developer Installed
Improvements, and (iii) an easement covering a portion of the Property for public utilities and
public trails in form and content as shown in Exhibit D attached hereto.
B. No easements in favor of the City are to be vacated in connection with the
Developer’s project.
C. Developer shall obtain the City Engineer’s written approval of the form of
the conveyance documents and the location of all easements required by this Agreement.
D. City shall convey to Developer a Sign Easement (the “Sign Easement”) in
form and content as shown in Exhibit E attached hereto.
E. City and Developer shall execute a Memorandum of Termination of the
2005 Development Contract in form and content as shown in Exhibit F attached hereto.
9
F. City and Developer shall execute a Monitoring and Maintenance
Agreement for Stormwater Management in form and content similar to Exhibit G attached
hereto.
G. With respect to any interest in all portions of the Property which
Developer is required, pursuant to this Agreement, to dedicate or convey to the City (“Dedicated
Property”), Developer represents and warrants as follows now and at the time of dedication or
conveyance: (i) that Developer, or its successor in title, Applewood Pointe Cooperative of Prior
Lake, has marketable fee title free and clear of all mortgages, liens, and other encumbrances to
the Dedicated Property except for the 2005 Development Contract, the Declaration and
Acceptance of Conservation Easement dated April 28, 2006, filed May 12, 2006, as Document
No. A738855 and any United States Department of Housing and Urban Development (“HUD”)-
insured mortgage and related HUD mortgage loan documents encumbering the Dedicated
Property. Prior to final plat approval, Developer shall provide to the City a current title insurance
pro forma policy insuring such a condition of title; (ii) that Developer has not used, employed,
deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated
Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but
not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
“Hazardous Substances”); (iii) that Developer has not allowed any other person to use, employ,
deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances; and (iv) that to the best of its knowledge, Developer warrants that no previous
owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise
allowed in or on the Property any hazardous substances.
10
H. Developer agrees to indemnify, defend and hold harmless City, its
successors and assigns, against any and all loss, costs, damage and expense, including reasonable
attorneys’ fees and costs, that the City incurs because of the breach of any of the above
representations or warranties and/or resulting from or due to the release or threatened r elease of
Hazardous Substances which were, or are claimed or alleged to have been, used, employed,
deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives.
15. PARK DEDICATION AND PLANS OR PARK DEDICATION FEES. City
acknowledges that there is no real estate to be dedicated to it in connection with park dedication
fees for this Agreement. In addition, City acknowledges that all cash park fees otherwise due in
connection with Developer’s project have been paid in full.
16. FEES. Developer shall pay the fees set forth in Exhibit B prior to any work
occurring on the Property. Such fees may include but are not limited to the following:
A. Administrative Fee. Developer shall pay to the City an Administrative Fee
based on construction cost estimates to reimburse the City for such costs. Any costs incurred by
the City in excess of the Administrative Fee shall be the responsibility of the Developer.
B. Construction Observation Deposit. Developer shall make a cash deposit
with the City for construction observation. Any costs incurred by the City in excess of the
deposit shall be the responsibility of the Developer. City shall invoice to the Developer for such
costs and Developer shall pay all such invoices within ten (10) days of receipt. Any balance
remaining after the City’s final acceptance of the Developer Installed Improvements shall be
returned to the Developer.
C. Tree Preservation and Replacement.
11
D. Trunk Storm Water Acreage Charge.
E. Trunk Water Acreage Charge.
F. Trunk Sewer Acreage Charge.
G. Utility Connection Charge.
17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing
maintenance of all platted lots on the Property (with the exception of outlots upon which no
improvements are anticipated until some future phase of development), including but not limited
to mowing and weed control, sidewalk clearing (ice, snow, building materials, eroded materials,
and other debris), storm water and erosion control, and other maintenance issues for which the
Developer receives notice from the City Manager or his/her designee. Developer’s obligations
pursuant to this paragraph shall continue until the later of: (i) such time as the City has accepted
the Developer Installed Improvements in writing; or (ii) until each specific lot is sold.
18. OVERSIZING. Not applicable.
19. LANDSCAPING (Single-Family Residential). Not applicable.
20. LANDSCAPING (Special Provisions). Landscaping for the Property shall
comply with Plan D. Developer shall warrant all required trees, whether the trees are to be
retained or planted, for 12 months from the later of: (i) the planting of the tree; or (ii) the
issuance of a certificate of occupancy to the lot upon which the tree is located. A tr ee replaced
under this warranty shall be warranted an additional 12 months from the date of the planting of
the replaced tree. In additional to all other security required under this Agreement, Developer
shall provide to the City a cash escrow or letter of credit in the amount specified in Exhibit B to
secure the planting and retainage of the required trees and to secure this warranty. If Developer
fails to plant or retain the required trees or fails to comply with this warranty, the City may draw
12
upon the escrowed funds or letter of credit to plant or replace required trees. Developer may
periodically request reductions of the escrowed funds or letter of credit and the City may approve
such a request in an amount of the value of each healthy tree for which the warranty has expired
as determined by the City. No tree plantings shall be placed within five (5) feet of a sanitary
sewer, storm sewer, or water main line. All plantings permitted in public right-of-way/boulevard
areas shall be placed a minimum four (4) feet behind the curb, be of deciduous species (no
coniferous species), and be located outside of a fifty (50) foot sight triangle at street corners.
21. SECURITY.
A. To guaranty compliance with the terms of this Agreement, Developer shall
furnish the City an irrevocable letter of credit or other security deemed acceptable to the City in
the following amounts which are further detailed in Exhibit B:
i. 125% of projected costs for the Developer Installed Improvements
as certified to by a registered engineer and approved by the City
Engineer or his/her designee.
ii. 125% of projected costs for the grading, drainage, wetland and
erosion control plan, including storm water calculations from
proposed impervious surfaces as certified by a registered engineer
and approved by the City Engineer or his/her designee.
iii. 125% of projected costs for the landscape plan, as certified by a
registered engineer and approved by the City Engineer or his/her
designee.
B. This breakdown is for historical reference; it is not a restriction on the use
of the Security.
C. The irrevocable letter of credit or other security deemed acceptable to the
City is referred to throughout this Agreement as the “Security.” The Security shall be in the form
attached hereto as Exhibit C or in a form approved by the City Attorney, from a bank approved
by the City. The bank shall be authorized to do business in the State of Minnesota. The Security
13
shall extend through completion and acceptance by the City of the Development Work and the
Warranty Period.
D. In the event that Developer fails to comply with the terms of this
Agreement, the City may draw on the Security in whole or in part without notice by delivering or
mailing by certified mail to the issuer a statement identifying the amount of the draw and reason
for the draw. In addition, if the Development Work is not completed at least 30 days prior to the
expiration of the Security, the City may draw on the Security in the same manner. The City shall
not be under any obligation to cure any breach of the terms of this Agreement with the proceeds
from the Security, but may, at the City’s sole option, cure the breach or retain the proceeds from
the Security until Developer cures the breach. In the event the breach is fully cured by
Developer, the City shall then release to Developer such retained draw proceeds, less any
expenses incurred by the City as a result of the breach (including but not limited to engineer’s,
attorney’s, and other consultant fees and costs).
E. If the City makes a draw on the Security, Developer shall immediately
replenish the Security to an amount then sufficient to cure any breach plus 125% of the cost of
all Development Work then remaining for which the Security was required.
F. The City may, from time to time, and only if Developer is otherwise in
compliance with all terms of the Agreement, approve a reduction in the amount of the Security
based upon work completed and approved by the City Engineer. Notwithstanding the foregoing,
the City may, at all times, maintain the Security in an amount equal to 125% of the actual
projected costs for all remaining Development Work for which the Security was required as
determined by the City Engineer and 25% of the value of the completed Development Work for
14
which the Security was required. In any event, the City may maintain a minimum 25% of the
value of the actual projected costs throughout the Warranty Period.
22. CLEAN UP AND DAMAGE.
A. Developer assumes full financial responsibility for any damage which may
occur to public property including but not limited to streets, street sub-base, base, bituminous
surface, curb, utility system including but not limited to water main, sanitary sewer or storm
sewer when said damage occurs as a result of the activity which takes place during the
development of the Property. Developer further agrees to pay all costs required to repair the
streets, utility systems and other public property damaged or cluttered with debris when
occurring as a direct or indirect result of the construction that takes place on the Property.
B. Developer shall ensure the streets are clean every day while construction
or grading activity is occurring and shall clean the streets other times during the Development
Work and any work during the Warranty Period as required by the City Engineer.
C. Developer agrees that any damage to public property occurring as a result
of construction activity on the Property shall be repaired immediately if deemed to be an
emergency by the City. Developer further agrees that any damage to public property as a result
of construction activity on the Property shall be repaired within 14 days if not deemed to be an
emergency by the City.
23. NON-INTERFERENCE WITH ADJOINING PROPERTIES. All work
performed by Developer and Developer’s contractors and subcontractors shall be performed
exclusively upon the Property. Any work related to roads, trails, drainage, and utility
improvements, which are specified herein to occur on land outside the Property, shall occur
exclusively within the appropriate easement boundaries for such work. In no event shall any
15
work performed by Developer or Developer’s contractors and subcontractors interfere with other
properties, right-of-ways, or easements.
24. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS . In the
event of a violation of City Code relating to use of the Property during construction thereon or
failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall
give 72 hour notice of such violation in order to allow a cure of such violation, provided
however, City need not issue a building or occupancy permit for construction or occupancy on
the Property while such a violation is continuing, unless waived by City. The existence of a
violation of City Code or the failure to perform or fulfill an obligation required by this
Agreement shall be reasonably determined by the City Manager or a designee.
25. DEVELOPER’S RESPONSIBILITY FOR ITS CONTRACTORS . Developer,
for itself and its successors and assigns (except for HUD, which shall not have any responsibility
whatsoever to indemnify, defend, or hold harmless, the City, its Council, agents, employees,
attorneys) shall release, defend and indemnify the City, its elected and appointed officials,
employees and agents from and against any and all claims, demands, lawsuits, complaints, loss,
costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act,
errors, omissions of Developer or Developer’s consultants, contractors, subcontractors, suppliers
and agents. The obligations of a senior housing cooperative under this section shall be limited to
available liability insurance proceeds, Surplus Cash and/or non-Project Assets, as each such term
is defined in the Regulatory Agreement for Multifamily Projects by and between any successor
in title to the Developer and HUD. Developer expressly acknowledges that it shall not be
released from its responsibilities to release, defend and indemnify the City because of any
inspection, review or approval by City.
16
26. RESPONSIBILITY FOR COSTS. Except as otherwise specified herein,
Developer shall pay all costs incurred by it or the City in conjunction with the development of
the Property, including, but not limited to, legal, planning, engineering, design, development,
construction, clean up, repair, easement and land acquisition, and inspection expenses incurred in
connection with (i) review, approval, denial, and implementation of zoning, CUP, platting, site
and building plan, and any other reviews, approvals, or denials by the City and any other
reviewing authority; (ii) the Developer Installed Improvements; (iii) the Property; (iv) the
preparation and review of the Agreement and other documents referred to in the Agreement or
related to the Development Work; and (v) enforcing the terms of this Agreement. Developer
shall pay in full all bills submitted to it by the City, in accordance with this Agreement, within 30
days after receipt.
27. DEVELOPER’S DEFAULT.
A. Definition. In the context of this Agreement, “Event of Default” shall
include, but not be limited to, any one or more of the following events: (1) failure by the
Developer to pay in a timely manner, all fees, charges, taxes, claims and liabilities, includ ing but
not limited to all real estate property taxes, utility charges, and assessments with respect to the
Property; (2) failure by the Developer to construct the Developer Installed Improvements
pursuant to the terms, conditions and limitations of this Agreement; (3) failure by the Developer
to observe or perform any covenant, condition, obligation or agreement on its part to be observed
or performed under this Agreement; (4) transfer of any interest in the Property without prior
written approval by the City Council except as otherwise permitted herein; (5) failure to correct
any warranty deficiencies; (6) failure by the Developer to reimburse the City for any costs
incurred by the City or to pay when due the payments required to be paid or secured in
17
connection with this Agreement; (7) failure by the Developer to renew the Security at least thirty
(30) days prior to its expiration date; (8) receipt by the City from the Developer’s insurer of a
notice of pending termination of insurance; (9) failure to maintain a current insurance certificate
on file with the City meeting City requirements; (10) failure to maintain the required Security;
(11) a breach of any provision of this Agreement; (12) if any representation made by Developer
in this Agreement, is inaccurate, either when made or at a later date; (13) failure by Developer to
pay its debts as they become due, the voluntary or involuntary filing of a petition in bankruptcy, an
assignment by Developer for the benefit of its creditors, or the appointment of a receiver for (a)
Developer; (b) all or any substantial portion of Developer’s assets; (c) the Property; or (14) if
Developer is in default under any mortgage or other pledge, guaranty or security agreement.
B. Event of Default – Remedies. Whenever an Event of Default occurs, the
City may take any one or more of the following actions:
1. The City may suspend its performance under this Agreement.
2. The City may draw upon or bring action upon any or all of the
securities provided to the City pursuant to any of the terms of this Agreement.
3. The City may take whatever action, including legal or
administrative action, which may be necessary or desirable to the City to collect any payments
due under this Agreement or to enforce performance and/or observance of any obligation,
agreement or covenant of development under this Agreement.
4. The City may suspend issuance of building permits and/or
certificates of occupancy on any of the lots, including those lots sold to third parties.
5. Suspend the release of any escrowed dollars.
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6. Use of escrow dollars or other security to satisfy any outstanding
financial obligations to the City including but not limited to all real estate property taxes, utility
charges, and assessments with respect to the Property;
7. The City is hereby granted the option, but not the obligation, to
complete or cause completion in whole or part of all of the Developer’s obligations under this
Agreement. This Agreement is a license for the City to act, and it shall not be necessary for the
City to seek a court order for permission to enter the Property and cure the default, including but
not limited to, completion of the Development Work. When the City does any such work all
costs incurred by the City in performing such work shall be recoverable by it from the Security,
and shall also constitute a lien on the Property, and the City may, in addition to its other
remedies, collect the costs in whole or in part as special assessments as specified in Chapter 429
of the Minnesota Statutes. Developer knowingly and voluntarily waives all rights to appeal said
special assessments under Minnesota Statutes Section 429.081. City acknowledges that any such
special assessment shall be subordinate to any HUD-insured mortgage encumbering the
Property.
C. Notice. In a non-emergency, Developer shall first be given written notice
of the Event of Default not less than 48 hours prior to curing the default or exercising a remedy,
or such other period of time as the City, in its sole discretion, deems reasonable under the
circumstances. If, in the City’s judgment, an Event of Default results in a threat to the public
health, safety or welfare, the City may act to correct the default without notice.
D. Election of Remedies. No remedy conferred in this Agreement is
intended to be exclusive and each shall be cumulative and shall be in addition to every other
remedy. The election of any one or more remedies shall not constitute a waiver of any other
19
remedy. The City may, but is not obligated to, exercise any of the remedies referred to in this
paragraph 27.
28. NOTICES.
A. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified
mail at the following address: 651 Nicollet Mall, Suite 450, Minneapolis, MN 55402. Notices to
the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to
the City by certified mail in care of the City Manager at the following address: City of Prior
Lake, 4646 Dakota Street SE, Prior Lake, Minnesota 55372. Concurrent with providing notice to
the City, notice(s) shall be served upon the City Attorney Sarah E. Schwarzhoff, Hoff Barry, 100
Prairie Center Drive, Suite 200, Eden Prairie, MN 55344.
B. Notices shall be deemed effective on the date of receipt. Any party may
change its address for the service of notice by giving written notice of such change to the other
party, in any manner above specified, 10 days prior to the effective date of such change.
C. Notice related to an Event of Default shall include the following: (1) the
nature of the breach of the term or condition that requires compliance by the Developer, or the
Event of Default that has occurred; (2) what the Developer must do to cure the breach or remedy
the Event of Default; and (3) the time the developer has to cure the breach or remedy the Event
of Default.
29. INDEMNIFICATION.
A. To the extent permitted by law, Developer shall indemnify, defend, and
hold the City, its Council, agents, employees, attorneys and representatives harmless against and
in respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs,
20
expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest,
penalties, and attorneys’ fees, that the City incurs or suffers, which arise out of, result from or
relate to this Agreement or the Development Work. The responsibility to indemnify and hold
harmless the City, its Council, agents, employees, attorneys and representatives does not extend
to any willful or intentional misconduct on the part of any of these individuals. The responsibility
to indemnify, defend and hold harmless under this Section 29A, shall apply to Developer’s
successors and assigns except such responsibility shall: (i) not apply to HUD, which shall have
no responsibility whatsoever to indemnify, defend, or hold harmless, the City, its Council,
agents, employees, attorneys or representatives for the Development Work required under this
Agreement; and (ii) be limited against a senior housing cooperative to available liability
insurance proceeds, Surplus Cash and/or non-Project Assets, as each such term is defined in the
Regulatory Agreement for Multifamily Projects by and between any successor in title to the
Developer and HUD.
B. HUD REQUIRED PROVISIONS: Notwithstanding any other provision in
this Agreement to the contrary, if HUD is ever deemed the "Owner" of all or part of the Property,
HUD shall not be subject to the indemnification provisions contained in this Agreement. HUD
prohibits and does not authorize any expenditure which would violate 31 USC 1341 (the "Anti -
Deficiency Act"). Any provision of this Agreement which violate(s)(d) the Anti-Deficiency Act,
in the past, present or future, will not be enforced against HUD. Notwithstanding any other
provision of this Agreement, HUD whether in the capacity of subsidy provider, loan insurer,
lender, owner, lessee or mortgagee in possession, shall have no obligation of reimbursement,
indemnity, or holding harmless, of any nature whatsoever, to any governmental entity, private
entity, person or party, either now or in the future. Howev er, such obligation shall apply to a
21
subsequent purchaser from HUD. Further, for so long as the property is subject to a loan held or
insured by HUD, any indemnification obligations of a senior housing cooperative successor in
title to the Developer under this Agreement shall be limited to available liability insurance
proceeds, Surplus Cash and/or non-Project Assets, as each such term is defined in the Regulatory
Agreement for Multifamily Projects by and between any successor in title to the Developer and
HUD.
30. NO THIRD PARTY RECOURSE. The City and Developer agree that third
parties shall have no recourse against the City under this Agreement. The Developer agrees that
any party allegedly injured or aggrieved as a result of the City’s approval of the final Plat shall
seek recourse against the Developer or the Developer’s agents. In all such matters, including
court actions, the Developer agrees that the indemnification and hold harmless provisions set out
in Paragraph 29 shall apply to said actions. This Agreement is a contract agreement between the
City and the Developer. No provision of this Agreement inures to the benefit of any third person,
including the public at large, so as to constitute any such person as a third-party beneficiary of
the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of
action for any person not a party hereto.
31. INSURANCE REQUIREMENTS. Developer, at its sole cost and expense, shall
take out and maintain or cause to be taken out and maintained, until the expiration of the
Warranty Period on the Developer Installed Improvements, a policy of insurance with limits for
bodily injury and death of not less than $1,000,000.00 per person and $2,000,000.00 for each
occurrence; limits for property damage shall be not less than $2,000,000.00 for each occurrence;
or a combination single limit policy of not less than $2,000,000.00. The City, its elected and
appointed officials, officers, employees, planners, engineers, attorneys, and agents shall be
22
named additional insureds on any such policy. The insurance certificate shall provide that the
City shall be given 30 days advance written notice before any modification, amendment or
cancellation of the insurance becomes effective.
32. FINAL PLAT AND DEVELOPMENT AGREEMENT. The final Plat and
Agreement shall be recorded with the Scott County Recorder within 90 days of approval by the
City Council. The final plat shall be considered void if not recorded within the 90 days provided
for herein unless a request for a time extension is submitted in writing and approved by the City
Council prior to the expiration of the 90-day period.
33. RECONSIDERATION OR RESCISSION. If Developer fails to proceed in
accordance with this Agreement within twenty-four (24) months of the date hereof, Developer,
for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of
all approvals issued in connection with this Agreement, thus restoring the status of the Property
before the Agreement and all such approvals. City acknowledges that its right of reconsideration
and rescission as provided for above shall be terminate effective on the calendar day prior to the
date upon the HUD insured mortgage is recorded against the Property.
34. SIGNS. The Developer hereby waives any claim against the City for removal of
signs placed in the right-of-way in violation of the City Zoning Ordinance and State Statutes.
The City shall not be responsible for any damage to, or loss of, signs removed except as provided
for in the Sign Easement.
35. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that
the Plat and the Developer in performing all work under this Agreement shall comply with all
county, metropolitan, state, and federal laws and regulations, including but not limited to:
23
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines
that the Plat or Developer is not in compliance, the City may, at its option, refuse to allow
construction or development work on the Property until the Developer does comply. Upon the City’s
demand, the Developer shall cease work until there is compliance.
B. Severability. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not
affect the validity of the remaining portions of this Agreement.
C. Amendments. There shall be no amendments to this Agreement unless in
writing, signed by the parties and approved by resolution of the City Council. The City’s failure
to promptly take legal action to enforce this Agreement shall not be a waiver or release.
D. Assignment. Except for an assignment by Developer to any of its
affiliated entities, or an assignment by Developer to a senior housing cooperative established by
Developer either of which occurs once all Developer Installed Improvements are accepted, the
Developer may not assign this Agreement without the prior written approval of the City Council,
which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the
foregoing, the Developer’s obligation hereunder shall continue in full force and effect even if the
Developer sells the entire Property, or any part of it. In the event of an assignment of this
Agreement to a senior housing cooperative established by the Developer, which cooperative is
subject to a HUD-insured mortgage, the senior housing cooperative’s obligations to indemnify
the City, its Council, agents, employees, attorneys or representatives, shall be limited to available
liability insurance proceeds, Surplus Cash and/or non-Project Assets, as each such term is
defined in any Regulatory Agreement for Multifamily Projects by and between the senior
housing cooperative and HUD.
24
E. Interpretation. This Agreement shall be interpreted in accordance with
and governed by the laws of the State of Minnesota. The words herein and hereof and words of
similar import, without reference to any particular section or subdivision, refer to this Agreement
as a whole rather than to any particular section or subdivision hereof. Titles in this Agreement
are inserted for convenience of reference only and shall be disregarded in constructing or
interpreting any of its provisions.
F. Successors and Assigns. Except as may otherwise be provided for herein,
the provisions of this Agreement shall be binding upon and enforceable against Developer ’s
successors and assigns including but not limited to all purchasers and owners of all or any part of
the Property and their successors and assigns.
G. Performance Standards. The Property shall be developed and operated
in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and
regulations.
H. No City Liability. Except as expressly permitted under applicable law,
no failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary
charges.
I. Exhibit A Amendments. The Developer hereby irrevocably nominates,
constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and
right to amend Exhibit A hereto to identify the legal description of the Property after platting
thereof.
25
(signatures on following pages)
26
CITY OF PRIOR LAKE
By:
Kirt Briggs, Mayor
By:
Jason Wedel, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2020, by Kirt Briggs, Mayor, and by Jason Wedel, City Manager, of the City
of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
27
UNITED PROPERTIES RESIDENTIAL
LLC
By:________________________________
Name: Mark W. Nelson
Its: Executive Vice President
By:________________________________
Name: James Alexander Hall
Its: Senior Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of
____________, 2020, by Mark W. Nelson, Executive Vice President and James Alexander Hall,
Senior Vice President of United Properties Residential LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
A-1
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
Legal Description of Property Being Final Platted:
Outlot B Jeffers Pond 1st Addition, according to the recorded plat thereof, Scott County,
Minnesota.
Copy of Final Plat, including Title Sheet:
See attached.
A-2
A-3
B-1
EXHIBIT B
TO
DEVELOPMENT AGREEMENT
Fee Amt Per Total
Administrative Fee* 4% Construction Costs = $2,311.00
Construction Observation (Escrow) 5% Construction Costs = $4,138.00
Trunk Storm Water Acreage $ 6,735.00 X 4.565 Acres = $30,745.00
Trunk Water Acreage $ 7,506.00 X 4.565 Acres = $34,265.00
Trunk Sanitary Sewer Acreage $ 4,450.00 X 4.565 Acres = $20,314.00
Park Dedication NA X = NA
Utility Connection NA X = NA
TOTAL $91,773.00
*$1,000 of administrative fee already paid with final plat application (Total Admin Fee is $3,311.00)
Security Total
Sanitary Sewer = NA
Water Main = NA
Storm Sewer (includes oversizing) = $69,186.00
Streets/Sidewalks/Trails (public) = $13,580.00
Grading = $64,545.00
Landscaping = $40,000.00
Subtotal (rounded) = $187,311.00
Total (125% of subtotal) = $234,139.00
Oversizing Calculation Amt Per Total
TOTAL N/A
C-1
EXHIBIT C
TO DEVELOPMENT AGREEMENT
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Dear Sir or Madam:
By order of our client [name and address of client] we hereby issue our standby
irrevocable Letter of Credit for the account of the [insert name of client] for an amount or
amounts not to exceed in the aggregate U.S. Dollars $_______________ (__________ Thousand
and No/100 U.S. Dollars) effective immediately and expiring at our [insert address of office] on
[insert date] relative to our client’s performance under that certain contract entit led [insert name
of contract/development agreement, etc.] dated [insert date of contract].
Funds under this Letter of Credit are available against your sight draft(s) on us, for all or
part of this Letter of Credit, mentioning thereon our Credit No. ______. Each such draft must be
accompanied by your signed written statement to the effect that [name of client] has failed to
comply with the terms and conditions of the above mentioned contract.
Presentation will also be deemed made upon our receipt of your telecopier transmission to
us at (FAX NUMBER [insert fax number] _______________) of a facsimile of the appropriate
sight draft and written statement completed and signed, together with your telephone advice to us
at (TELEPHONE NUMBER [insert telephone number] _______________) or such other
number as we shall specify to you in writing) of your sending the above-described telecopier
transmission. Failure to make the telephone advice will not impair the validity of the
presentation. If presentations are made by facsimile the original documents are not required.
In the event that at least thirty (30) days prior to the expiry date listed above, this Letter of
Credit is not extended for a period of at least one year or has not been replaced with a substitute
Letter of Credit acceptable to you, this Letter of Credit is also payable to you upon presentation to
us of your written statement mentioning thereon our Credit No.[insert number] ____ and stating
“Letter of Credit No. [insert number] __________ has not been extended for a period of at least
one year from the present expiration date and has not been replaced with a substitute Letter of
Credit acceptable to us.”
This letter of credit shall automatically extend for successive one-year terms unless at least
forty-five days prior to the next annual extension date of [insert day and month of renewal]
_______________ of such year, we deliver written notice by registered mail or overnight courier
to the City that we intend not to extend the letter of credit for any additional period. If such
notice is delivered and the letter of credit has not been replaced with a substitute letter of credit
acceptable to you by the date of said notice, this letter of credit is also payable to you upon
presentation to us of your written statement mentioning thereon our Letter of Credit No. [insert
number] __________ and stating “Notice of Modification, Cancellation or Non-Extension of
C-2
Letter of Credit No. [insert number] __________ has been received and the letter of credit has
not been replaced with a substitute letter of credit acceptable to us.
If we receive your sight draft(s) and statement(s) as mentioned above, here at our address
[insert address], on or before the expiry date of this Letter of Credit, we will promptly honor the
same. If an interruption of our business occurred as a result of an Act of God, riots, civil
commotion, insurrections, wars or any other causes beyond our control, as described in Article 36 of
the Uniform Customs and Practices for Documentary Credits, UCP600 2007 which prevented us
from accepting and/or paying you on this Letter of Credit, we undertake upon resumption of our
business to accept drafts and pay on this Letter of Credit provided your draft is presented prior or
during our business interruption or no later than thirty (30) days following resumption of our
business.
This Credit is subject to the Uniform Customs and Practices for Documentary Credits,
UCP600 2007.
Very Truly Yours,
[Signature of Issuer]
D-1
EXHIBIT D
TO DEVELOPMENT AGREEMENT
GRANT OF
PUBLIC UTILITY AND TRAIL EASEMENT
THIS GRANT OF PUBLIC UTILITY AND TRAIL EASEMENT is made and entered into
effective as of the _______ day of ________________, 2020, by and between UNITED PROPERTIES
RESIDENTIAL LLC, a Minnesota limited liability company (“Grantor”) and the CITY OF PRIOR
LAKE, a Minnesota municipal corporation (“City”).
WHITNESSETH
A. The Grantor, in consideration of One and no/100 Dollars ($1.00) and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and
convey unto the City, in trust for the public, a permanent easement (the “Easement”) for public utility and
trail purposes on, over, under, across and through the real estate legally described on Exhibit A and
depicted on Exhibit B, each attached hereto and incorporated herein (the “Easement Area”).
B. The grant of the Easement includes the right of the City, and its contractors, agents,
employees, successors and assigns, to enter upon and use the Easement Area to construct, reconstruct,
inspect, repair, operate, maintain, improve and use public utility systems and public trail systems and
associated improvements, facilities and appurtenances, on, over, under, across and through the Easement
Area; to use and remove all earthen materials, structures, improvements and obstructions which lie within
the boundaries of the Easement Area; to cut, trim, or remove from the Easement Area trees, shrubs, or
other vegetation; and to do all other acts and things which are reasonably necessary for or incidental to the
enjoyment of the Easement rights granted herein.
C. To the extent permitted by applicable law, upon City’s acceptance of this instrument, the
City shall indemnify and hold harmless the Grantor, its successors and assigns (collectively the
“Indemnified Owner”) from and against all third-party liabilities, damages, claims, costs and other similar
expenses which may be incurred by the Indemnified Owner by reason of bodily injury or death of any
person or damage to or destruction or loss of any property arising on or from the use or non -use of the
Easement.
TO HAVE AND TO HOLD THE SAME, together with all of the hereditaments and
appurtenances thereunto belonging, or in any way appertaining, to the City forever.
IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be executed as of the
day and year first above written.
D-2
GRANTOR:
UNITED PROPERTIES RESIDENTIAL LLC
By:_ ___ NOT FOR SIGNATURE________________
Name: Mark W. Nelson
Its: Executive Vice President
By:_ ___ NOT FOR SIGNATURE________________
Name: James Alexander Hall
Its: Senior Vice President
STATE OF MINNESOTA )
) ss:
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on ________________, 2020, by Mark
W. Nelson, Executive Vice President and James Alexander Hall, Senior Vice President of United
Properties Residential LLC, a Minnesota limited liability company, on behalf of the limited liability
company.
Notary Stamp
___ NOT FOR SIGNATURE____________________
Notary Signature
Drafted by:
Ballard Spahr LLP
2000 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
(612) 371-3211
(512172.00/00318628)
D-3
EXHIBIT A
TO
PUBLIC UTILITY AND TRAIL EASEMENT
LEGAL DESCRIPTION OF EASEMENT AREA
A perpetual easement for utility and trail purposes over, under and across that part of Lot
1, Block 1, JEFFERS POND NINTH ADDITION, Scott County, Minnesota, which lies
northeasterly, easterly and southeasterly of the following described line:
Commencing at the Northeast corner of said Lot 1, Block 1; thence on an assumed
bearing of South 89 degrees 10 minutes 01 second West, along the north line of said Lot 1, Block
1, a distance of 90.59 feet to the point of beginning of the line to be described; thence
southeasterly a distance of 33.11 feet along a non-tangential curve concave to the northeast,
having a radius of 50.00 feet, a central angle of 37 degrees 56 minutes 49 seconds and whose
chord bears South 32 degrees 54 minutes 12 seconds East; thence South 51 degrees 52 minutes
36 seconds East, tangent to said curve, a distance of 45.69 feet; thence South 35 degrees 26
minutes 25 seconds East a distance of 42.08 feet; thence South 09 degrees 42 minutes 01 second
West a distance of 21.43 feet; thence South 30 degrees 00 minutes 42 seconds West a distance of
91.90 feet; thence South 52 degrees 50 minutes 22 seconds West a distance of 86.37 feet to the
northwesterly right of way line of Jeffers Parkway and said line there terminating.
D-4
EXHIBIT B
TO
PUBLIC UTILITY AND TRAIL EASEMENT
DEPICTION OF EASEMENT AREA
E-1
EXHIBIT E
TO DEVELOPMENT AGREEMENT
GRANT OF
SIGN EASEMENT
THIS GRANT OF SIGN EASEMENT is made and entered into effective as of the _____ day
of ________________, 2020, by the CITY OF PRIOR LAKE, a Minnesota municipal corporation,
(“City”) in favor of UNITED PROPERTIES RESIDENTIAL LLC, a Minnesota limited liability
company (“Grantee”).
WHITNESSETH:
A. The City, in consideration of One and no/100 Dollars ($1.00) and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and
convey unto the Grantee, a permanent easement (the “Easement”) for sign purposes on, over, under,
across and through the real estate legally described on Exhibit A and depicted on Exhibit B, each
attached hereto and incorporated herein (the “Easement Area”) for the benefit of, and appurtenant to the
real estate currently owned by Grantee, legally described on Exhibit C attached hereto and incorporated
herein (the “Grantee’s Property”).
B. The grant of the Easement includes the right of the Grantee, and its contractors, agents,
employees, successors and assigns, to enter upon and use the Easement Area to construct, reconstruct,
inspect, repair, operate, maintain, improve and use the existing sign and associated improvements,
facilities and appurtenances, on, over, under, across and through the Easement Area; to use and remove
all earthen materials, structures, improvements and obstructions which lie within the boundaries of the
Easement Area; to cut, trim, or remove from the Easement Area trees, shrubs, or other vegetation; and to
do all other acts and things which are reasonably necessary for or incidental to the enjoyment of the
Easement rights granted herein.
C. Grantee shall have sole control over any sign installed in the Easement Area subject to
the applicable City of Prior Lake sign regulations. Grantee shall perform, as and when necessary, and pay
the cost for, such maintenance of any sign located within the Easement Area as may be reasonably
necessary to maintain the sign in good and aesthetic condition. If Grantee fails to maintain any such sign
in a good and aesthetic condition the City may either restore the sign to good and aesthetic condition or
remove the sign and the City may invoice Grantee for all costs incurred in such restoration or removal. If
Grantee fails to pay such invoice within 30 days, City may specially assess the costs against Grantee’s
Property. Grantee hereby waives any and all objections to and the right to appeal such assessment. The
City agrees that any assessment levied against the Grantee’s Property shall be subordinate to a mortgage
that is insured by HUD (defined in paragraph F below).
D. Notwithstanding anything in paragraph C above, if at any time the City performs work in
the Easement Area, which work results in removal of all or part of a sign in the Easement Area or damage
to said sign, the City shall not be responsible for any such damage and shall not be responsible to repair or
replace said sign. In addition, if after such work, Grantee elects to restore or replace said sign Grantee
shall locate said sign in the Easement Area only as approved in writing by the City.
E. If at any time Grantee removes or replaces any sign installed in the Easement Area,
Grantee shall ensure that any replacement sign shall be installed and located solely on Grantee’s Property
and not within the Easement Area.
E-2
F. To the extent permitted by applicable law, upon the Grantee’s acceptance of this
instrument, the Grantee, or its successors and assigns shall indemnify and hold harmless the City, its
agents, employees, representatives, successors and assigns (collectively the “Indemnified Owner”) from
and against all third-party liabilities, damages, claims, costs and other similar expenses which may be
incurred by the Indemnified Owner by reason of bodily injury or death of any person or damage to or
destruction or loss of any property arising on or from the use or non-use of the Easement.
Notwithstanding the foregoing, the indemnification obligations shall not apply to the United States
Department of Housing and Urban Development (“HUD”) in the event HUD comes into possession or
ownership of the Property but shall continue to apply to any successor in interest to HUD.
TO HAVE AND TO HOLD THE SAME, together with all of the hereditaments and
appurtenances thereunto belonging, or in any way pertaining to the Easement, to the Grantee forever.
IN TESTIMONY WHEREOF, the City has caused this instrument to be executed as of the day
and year first above written.
CITY OF PRIOR LAKE
By:__ NOT FOR SIGNATURE____________________
Name: Kirt Briggs
Its: Mayor
By:__ NOT FOR SIGNATURE___________________
Name: Jason Wedel
Its: City Manager
STATE OF MINNESOTA )
) ss:
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me on ________________, 2020, by Kirt
Briggs, Mayor, and Jason Wedel, City Manager of the City of Prior Lake, a Minnesota municipal
corporation, on behalf of the municipal corporation.
Notary Stamp
______ NOT FOR SIGNATURE_________
Notary Signature
Drafted by:
Ballard Spahr LLP
2000 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
(612) 371-3211
(512172.00/00318628)
E-3
EXHIBIT A
TO
SIGN EASEMENT
LEGAL DESCRIPTION OF EASEMENT AREA
A perpetual easement for sign purposes over and across that part of Fountain Hills Drive
as dedicated on the recorded plat of JEFFERS POND FIRST ADDITION, Scott County,
Minnesota, described as follows:
Beginning at the northeast corner of Outlot B, of said JEFFERS POND FIRST
ADDITION; thence southerly along the east line of said Outlot B, a distance of 42.00 feet;
thence easterly, angle to the right, 90 degrees 00 minutes 00 seconds a distance of 18.00 feet;
thence northerly, angle to the right, 90 degrees 00 minutes 00 seconds a distance of 42.00 feet;
thence westerly, angle to the right, 90 degrees 00 minutes 00 seconds a distance of 18.00 feet to
the point of beginning.
E-4
EXHIBIT B
TO
SIGN EASEMENT
DEPICTION OF EASEMENT AREA
E-5
EXHIBIT C
TO
SIGN EASEMENT
LEGAL DESCRIPTION OF GRANTEE’S PROPERTY
Lot 1, Block 1, Jeffers Pond Ninth Addition, according to the recorded plat thereof, Scott
County, Minnesota.
F-1
EXHIBIT F
TO DEVELOPMENT AGREEMENT
__________________________________________________________________________________
MEMORANDUM OF TERMINATION OF 2005 DEVELOPMENT CONTRACT
THIS MEMORANDUM OF TERMINATION OF 2005 DEVELOPMENT CONTRACT is made
as of _____________, 2020 by and between the City of Prior Lake, a Minnesota municipal corporation
(“City”) and United Properties Residential LLC, a Minnesota limited liability company (“Developer”).
Recitals
A. Developer is the owner of property located within the City of Prior Lake, legally described as Outlot
B, Jeffers Pond First Addition, Scott County, Minnesota (“Property”);
B. Developer has applied to the City for Final Plat and Planned Unit Development approval for the
construction of 99 senior cooperative residential housing units on the Property;
C. In connection with the foregoing, City and Developer are parties to the certain Development
Agreement – Applewood Pointe Project # DEV19-000024 executed ___________, 2020
(“Applewood Development Agreement”).
D. The Property is currently encumbered by that certain Development Contract dated June 6, 2005, filed
June 7, 2005, as document no. A700559 by and among the City, Wensmann Realty, Inc., a Minnesota
corporation and Jeffers Pond Foundation, a Minnesota corporation (“ 2005 Development Contract”),
which City has agreed to terminate pursuant to the Applewood Development Agreement.
NOW THEREFORE, the undersigned, City and Developer execute this Memorandum of
Termination of 2005 Development Contract for the following express purposes:
1. To acknowledge that the 2005 Development Contract is terminated and of no force or effect with
respect to the Property, the Developer and the successors and assigns of Developer.
(Signature Page Follows)
F-2
CITY OF PRIOR LAKE
By:__NOT FOR SIGNATURE_________
Name: Kirt Briggs, Mayor
Its: Mayor
By:___ NOT FOR SIGNATURE________
Name: Jason Wedel
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of _______________,
20__, by Kirt Briggs, Mayor, and by Jason Wedel, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
____ NOT FOR SIGNATURE___________
NOTARY PUBLIC
UNITED PROPERTIES RESIDENTIAL
LLC
By:__ NOT FOR SIGNATURE____________
Name: Mark W. Nelson
Its: Executive Vice President
By:___ NOT FOR SIGNATURE___________
Name: James Alexander Hall
Its: Senior Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of ____________,
2020, by Mark W. Nelson, Executive Vice President and James Alexander Hall, Senior Vice President of
United Properties Residential LLC, a Minnesota limited liability company, on behalf of the limited
liability company.
____ NOT FOR SIGNATURE_____________
NOTARY PUBLIC
Drafted by:
Ballard Spahr LLP
80 South Eighth Street, Suite 2000
Minneapolis, MN 55402
(612) 371-3211
G-1
EXHIBIT G
TO DEVELOPMENT AGREEMENT
MONITORING AND MAINTENANCE AGREEMENT
FOR STORMWATER MANAGEMENT
City of Prior Lake, Minnesota
THIS AGREEMENT (“Agreement”) is made and entered into this ______ day of
____________, 2020, by and between the City of Prior Lake, a Minnesota municipal
corporation, organized under the laws of the State of Minnesota (“CITY”) and United Properties
Residential LLC, a Minnesota limited liability company, 651 Nicollet Mall, Suite 450,
Minneapolis, MN 55402 (“OWNER”).
RECITALS
WHEREAS, OWNER is the fee owner of certain property within the City of Prior Lake
legally described on attached Exhibit A (“PROPERTY”). Exhibit A is incorporated herein as if
fully set forth; and
WHEREAS, OWNER has proposed construction of 99 senior cooperative residential
housing units (“DEVELOPMENT”) on the PROPERTY to be owned and operated by a senior
housing cooperative (the “COOPERATIVE”); and
WHEREAS, in conjunction with the DEVELOPMENT, the CITY requires certain
stormwater management standards be met per the terms of that certain Development Agreement
between OWNER and CITY dated of even date herewith; and
WHEREAS, water quality, rate control, and volume control are important stormwater
management standards, required by the CITY; and
WHEREAS, the OWNER has submitted a plan for construction and maintenance of
stormwater management practices for the DEVELOPMENT designed to meet CITY standards.
NOW THEREFORE, based on the mutual promises and covenants set forth herein, the
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Purpose. The purpose of this AGREEMENT is to set forth the terms and conditions for the
construction, monitoring, and maintenance of a storm sewer pipe (“STORM SEWER PIPE”),
a portion of which is to be located within the Property.
2. Recitals. The recitals set forth above are incorporated as if fully set forth herein.
3. Design, Installation and Conveyance of STORM SEWER PIPE.
3.1 The OWNER is solely responsible for design and installation of the STORM SEWER
PIPE.
G-2
3.2 The STORM SEWER PIPE shall be constructed in accordance with the storm sewer
plan (“STORM SEWER PLAN”) attached as Exhibit B. Exhibit B is incorporated
herein as if fully set forth.
3.3 The STORM SEWER PIPE shall be conveyed to the City per the terms and
conditions of the Development Agreement. The STORM SEWER PLAN shall not be
changed without prior written approval of the CITY.
4. Monitoring and Maintenance of Portion of STORM SEWER PIPE.
4.1 The OWNER will be solely responsible for monitoring and maintaining that portion
of the STORM SEWER PIPE beginning at FES 721 and ending at CBMH 723 to
ensure that such portion of the STORM SEWER PIPE provides adequate capacity for
rate control of the City’s Stormwater Facilities.
4.2 The OWNER shall monitor and contain maintenance activities which shall entail
visual inspection and routine maintenance of the STORM SEWER PIPE from FES
721 to STMH 722 and for STMH 722 to CBMH 723 per the STORM SEWER
PLAN as depicted on Exhibit B.
4.3 Monitoring and Maintenance shall be performed in accordance with the monitoring
and maintenance plan (“MONITORING AND MAINTENANCE PLAN”) attached as
Exhibit C. Exhibit C is incorporated herein as if fully set forth.
4.4 The OWNER shall implement the MONITORING AND MAINTENANCE PLAN to
ensure that the STORM SEWER PIPE continues to provide adequate capacity for the
Development currently and in the future.
4.5 The OWNER must annually conduct at least one inspection of the STORM SEWER
PIPE and submit an annual inspection report to the CITY on or before June 30th of
each year. The annual inspection report must include enough information to
determine if the STORM SEWER PIPE is providing adequate capacity for the
Development.
4.6 The MONITORING AND MAINTENANCE PLAN shall not be changed without
prior written approval of the CITY.
5. Default. A failure to comply with the STORM SEWER PLAN or MONITORING AND
MAINTENANCE PLAN or with any of the terms and conditions of this AGREEMENT shall
constitute a default of this AGREEMENT. In the event of a default, the CITY shall provide
the OWNER with notice as provided for in Paragraph 6. The notice shall set forth the nature
of the default and the time within which the OWNER must cure the default, which shall be
not less than 2 weeks. Should OWNER fail to cure the default within the time set forth in the
notice, CITY shall have the right, but not the obligation to, enter upon the PROPERTY and
perform the required work to cure the default, except that in the event the nature of the
G-3
default is such that, in the sole judgment of the CITY, it may pose an imminent potential risk
to the health, safety or welfare to persons or property, the CITY may immediately and with
no notice to OWNER enter the PROPERTY and perform the required work to cure the
default. All costs incurred by the CITY to cure a default, including administrative costs and
attorney fees, shall be the sole responsibility of the OWNER.
6.1 The CITY shall invoice the OWNER for the costs incurred to enforce this
AGREEMENT and/or cure the default.
6.2 The invoice shall be paid within 30 days of receipt.
6.3 The OWNER, for itself and for its successors and assigns agrees that if the invoice is
not paid within 30 days of receipt thereof, the CITY may assess the invoiced amount
against the PROPERTY. OWNER, for itself and for its successors and assigns waives
notice and procedural requirements of any kind, including notice of any hearing or
proceeding at which the assessment is to be considered. OWNER, for itself and for
its successors and assigns waives any objection to irregularity of the procedure of the
assessment and any and all appeal rights to the assessment. Said waiver is a waiver
of any and all rights of appeal of any nature and a specific waiver of appeal rights
under Minn. Stat. 429.081, any other statute, common law, Constitutional provision,
or any other applicable law. The City agrees that any assessment levied against the
PROPERTY shall be subordinate to mortgage that is insured by HUD (defined in
section 8 below).
6. Notices. Required notices to the OWNER shall be in writing, and shall be either hand
delivered to the OWNER, its employees or agents, or mailed to the OWNER by US mail at
the following address: 651 Nicollet Mall, Suite 450, Minneapolis, MN 55402. Notices to the
CITY shall be in writing and shall be either hand delivered to the City Manager, or mailed to
the CITY by US mail in care of the City Manager at the following address: City of Prior
Lake, 4646 Dakota Street SE, Prior Lake, Minnesota 55372.
7. Right to Access. The OWNER grants the CITY the right to enter upon the PROPERTY for
the purpose of inspection of the STORM SEWER PIPE, curing any default, or to prevent any
imminent potential threat to the health, safety or welfare of persons or property.
8. Indemnification and Hold Harmless. The OWNER shall indemnify, defend and hold the
CITY, its Council, agents, employees, attorneys and representatives harmless against and in
respect of any and all claims, demands, actions, suits, proceedings, liens, losses, costs,
expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest,
penalties, and attorneys’ fees, that the CITY incurs or suffers, which arise out of, result from
or relate to any acts or omissions involved in the carrying out of the obligations or rights
under this AGREEMENT. The responsibility to indemnify and hold the CITY harmless
from claims arising out of or resulting from the actions or inactions of the CITY, its Council,
agents, employees, and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals. Notwithstanding the foregoing, at any
time that: (a) the PROPERTY is encumbered by a mortgage securing a note held or endorsed
G-4
for mortgage insurance by the United States Department of Housing and Urban Development
(“HUD”); or (b) HUD is the fee simple owner of the PROPERTY, the following provisions
will apply: (a) HUD shall not be subject to or obligated in any manner under any
indemnification obligations in this Agreement; and (b) a successor senior cooperative’s
obligations under this paragraph shall be limited to (i) liability insurance proceeds received
by the COOPERATIVE, and (ii) available Surplus Cash (as defined in any HUD Regulatory
Agreement by and between the COOPERATIVE and HUD).
9. Recording. The OWNER shall cause this AGREEMENT to be recorded against the
PROPERTY within 10 days of its execution. The OWNER shall provide evidence of
recording to the CITY within 10 days thereafter.
10. Successors and Assigns. This AGREEMENT shall run with the PROPERTY and shall be
binding against all successors and assignees of the OWNER and the CITY.
11. Severability. In the event any provisions of this AGREEMENT shall be held invalid, illegal,
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof, and the remaining provisions shall not in
any way be affected or impaired thereby.
12. Waiver. Failure of either party at any time to require performance of any provision of this
AGREEMENT shall not affect its right to require full performance thereof at any time
thereafter and the waiver by either party of a breach of any such provision shall not be taken
or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of
such provision.
13. Reimbursement of Fees and Costs. Any fees or costs incurred by the CITY associated with
enforcing any of the terms and conditions set forth in this AGREEMENT, including but not
limited to CITY staff, engineering and attorney’s fees, shall be the sole responsibility of the
OWNER. The OWNER agrees that if OWNER fails to pay any invoiced amount within 30
days of receipt thereof, the CITY may assess the invoiced amount against the PROPERTY as
set forth in Paragraph 6.3. CITY acknowledges that any such right of assessment arising
under Paragraph 6, Paragraph 6.3 or this Paragraph 13 to be imposed against the PROPERTY
shall be subordinate to any HUD insured mortgage encumbering the PROPERTY.
14. Remedies. In addition to any other remedies available to the CITY at law or in equity,
including the remedies contained in Paragraph 6 herein (but subject to the limitations
therein), CITY may sue OWNER for damages and/or may maintain a suit for specific
performance of this AGREEMENT. All rights and remedies provided to the CITY herein are
cumulative and the exercise of one shall not operate to bar the exercise of any other rights
under this AGREEMENT or provided by law.
15. Governing Law. This AGREEMENT shall be governed by the laws of the State of Minnesota.
(signature page follows)
G-5
Executed by the parties hereto as of the day and date first above written.
CITY OF PRIOR LAKE
By:__NOT FOR SIGNATURE_________
Name: Kirt Briggs, Mayor
Its: Mayor
By:___ NOT FOR SIGNATURE________
Name: Jason Wedel
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of _______________,
20__, by Kirt Briggs, Mayor, and by Jason Wedel, City Manager, of the City of Prior Lake, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
____ NOT FOR SIGNATURE___________
NOTARY PUBLIC
UNITED PROPERTIES RESIDENTIAL
LLC
By:__ NOT FOR SIGNATURE____________
Name: Mark W. Nelson
Its: Executive Vice President
By:___ NOT FOR SIGNATURE___________
Name: James Alexander Hall
Its: Senior Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of ____________,
2020, by Mark W. Nelson, Executive Vice President and James Alexander Hall, Senior Vice President of
United Properties Residential LLC, a Minnesota limited liability company, on behalf of the limited
liability company.
____ NOT FOR SIGNATURE_____________
NOTARY PUBLIC
Drafted by:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
G-6
EXHIBIT A
TO MONITORING AND MAINTENANCE AGREEMENT
LEGAL DESCRIPTION OF PROPERTY
Lot 1, Block 1, JEFFERS POND NINTH ADDITION, Scott County, Minnesota.
G-7
EXHIBIT B
TO MONITORING AND MAINTENANCE AGREEMENT
STORM SEWER PLAN
G-8
EXHIBIT C
TO MONITORING AND MAINTENANCE AGREEMENT
MONITORING AND MAINTENANCE PLAN
MONITORING ACTIVITIES
Inspection Activity Recommended Inspection
Frequency
Required Action
1. Visual inspection for trash
and debris in all catch basins,
sumps and outlet pipes.
Every 6 Months Notify maintenance
staff/contractor of need for
debris removal (See
Maintenance Activity 1)
2. Sediment accumulation in
FES or Catch Basin
Every 6 months unless ground
disturbing activity is draining
to structures.
Notify maintenance
staff/contractor of need to
remove sediment when depth
exceeds
manufacturer's specifications
(See Maintenance Activity 2)
3. Oil accumulation in Catch
Basin
Once a Year or following a
known oil or gasoline spill.
Notify maintenance
staff/contractor of need to
remove oil when a layer of
oil/gasoline develops on water
surface in device (See
Maintenance Activity 3)
MAINTENANCE ACTIVITIES
Maintenance
Activity
Frequency Procedure Maintenance by
1. Trash and debris
removal from device
As needed per
inspection
Remove trash and
debris from structure.
By owner
2. Sediment removal When Sediment
accumulation exceeds
6”
Remove accumulated
sediment from system
By owner
3. Oil removal As needed per
inspection
Remove oil from
water surface
Notify City. Owner to
perform the work at
Owner cost.
4. Fix Structure
components
As part of all
inspection visits
Dependent on type of
damage;
Notify City. City to
perform the work at
City cost.
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
APPLEWOOD POINTE
PROJECT # DEV19-000024
This Assignment and Assumption of Development Agreement (“Assignment”) is entered
into this ___ day of ______, 20___, by and among the City of Prior Lake, a Minnesota municipal
corporation (“City”), United Properties Residential LLC, a Minnesota limited liability company
(“Developer”), and Applewood Pointe Cooperative of Prior Lake, a Minnesota cooperative
(“Assignee”).
RECITALS
WHEREAS, City and Developer entered into that certain Development Agreement dated
______________ (“Development Agreement”) filed with the Office of the County Recorder or
Registrar of Titles for Scott County on ___________, 20___ as Document No. ___________,
pertaining to the development and use of property located in Prior Lake, Minnesota legally
described on attached Exhibit A (“Property”).
WHEREAS, the Development Agreement runs with the Property and sets forth terms
and conditions related to the development and use of the Property.
WHEREAS, Developer and Assignee have entered into a Purchase Agreement
(“Purchase Agreement”), concerning the sale of the Property by Developer to Assignee.
WHEREAS, as part of the Purchase Agreement, Developer and Assignee have agreed
that Assignee shall accept title to the Property subject to all terms and conditions as provided for
in the Development Agreement.
WHEREAS, the Development Agreement requires written consent from the City prior to
assignment of the Development Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto hereby agree as follows:
1. Incorporation of Recitals. The recitals are incorporated by reference herein and
made a part of this Assignment.
2. Assignment. At the closing of the conveyance of the Property from Developer to
Assignee, Developer will assign to Assignee all of Developer’s rights under and pursuant to the
Development Agreement.
3. Assumption. At the closing of the conveyance of the Property from Developer to
Assignee, Assignee agrees to assume all of obligations of a senior housing cooperative assignee
(as provided in the Development Agreement), and shall be fully bound by all such terms and
conditions as set forth in the Development Agreement.
4. Developer Responsibility. Notwithstanding anything in this Assignment, the
Developer shall remain responsible for all duties an obligations under the Development
Agreement.
5. Consent of the City. The City hereby consents and agrees to the assignment and
assumption of the Development Agreement from Developer to Assignee as set forth herein. No
provision of this Assignment shall be deemed or construed to alter, amend or modify, in any
way, the rights and obligations of the City contained in the Development Agreement.
6. Recording of Agreement. This Assignment shall run with the land. Developer
shall record this Assignment with the Scott County Recorder or Registrar or Titles, as applicable,
within sixty days of the City Council’s approval of this Assignment.
7. Law and Jurisdiction. This Assignment shall be governed by and construed in
accordance with the laws of the State of Minnesota.
CITY OF PRIOR LAKE
By:
Kirt Briggs, Mayor
By:
Jason Wedel, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2020, by Kirt Briggs, Mayor, and by Jason Wedel, City Manager, of the City
of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
UNITED PROPERTIES RESIDENTIAL
LLC
By:________________________________
Name: Mark W. Nelson
Its: Executive Vice President
By:________________________________
Name: James Alexander Hall
Its: Senior Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of
____________, 2020, by Mark W. Nelson, Executive Vice President and James Alexander Hall,
Senior Vice President of United Properties Residential LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
NOTARY PUBLIC
APPLEWOOD POINTE
COOPERATIVE OF PRIOR LAKE,
By:________________________________
Name: _____________________________
Its: ________________________________
By:________________________________
Name: _____________________________
Its: ________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of
____________, 2020, by ______________, __________________ and ________________,
______________ of ________________________, a senior cooperative, on behalf of the
cooperative.
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 1, Block 1, Jeffers Pond Ninth Addition, according to the recorded plat thereof, Scott County,
Minnesota.
ITEM: 5D
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 06, 2020
PREPARED BY: Jeff Matzke, Planner
PRESENTED BY: Casey McCabe, Community Development Director
AGENDA ITEM: Adoption of Resolution No. 20-049 Approving A Waiver of Platting
Requirements for the Subdivision of Property Located Along CSAH
17 (PID 259080010)
GOAL AREA Desirable & Sustainable Development
OBJECTIVE: 4. Encourage development and preservation of quality life-cycle
residential housing options.
RECOMMENDED ACTION:
Motion and a second, as part of the Consent Agenda, to adopt a resolution waiving the platting
requirements to allow for the subdivision of property located along CSAH 17.
BACKGROUND:
The purpose of this agenda item is to review a request for the administrative subdivision of parcels
of residential land located on the proposed Spring Lake Ridge Plat. The property is located both
east and west of Hwy 17 south of Hwy 12 (Geister Property).
Winkler Land Company plans to develop the portion of property east of Hwy 17 (PID #25-908-
001-0) as the Spring Lake Ridge Residential Planned Unit Development. The current property
owner desires to maintain ownership of the land west of Hwy 17. The parcel is designated as
Urban Low Density (R-LD) on the 2030 Comprehensive Plan Map and are zoned Low Density
Residential (R-1).
The property owner is requesting a waiver of the platting requirements to allow the administrative
subdivision of the single parcel into two parcels of land (one east of Hwy 17 and one west of Hwy
17). The developer would like to acquire the eastern parcel of land prior to approval of the Spring
Lake Ridge Final Plat so that grading work could commence. The subdivision of the parcel would
not hinder any current development or public infrastructure plans at this time. Therefore, in this
case, the obligation of the platting requirements creates an unnecessary hardship for the property
owner to subdivide the property. The following are conditions of approval for the plat waiver:
The property owner must submit deeds for the newly created parcels.
The subdivision or combination of land is regulated by Subsection 1006.100 of the City
Subdivision Ordinance. Subsections 1006.104–106 state the following:
1006.104 Conveyance By Metes And Bounds. No division of one or more parcels in which
the land conveyed is described by metes and bounds shall be recorded if the division is a
subdivision, as defined by the Subdivision Ordinance. Building permits will be withheld for
buildings or tracts that have been subdivided and conveyed by this method without City approval
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5D
Page | 2
and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain
any such tracts.
1006.105 Exceptions. The provisions of Section 1006.104 do not apply where all the
resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five
hundred feet (500’) in width for residential uses and least five (5) acres or larger in size for
commercial and industrial uses.
1006.106 Council Resolution Waiving Requirements. In any case in which compliance
with the foregoing restrictions will create an unnecessary hardship and failure to comply will not
interfere with the purpose of this Section, the Council may waive such compliance by the adoption
of a resolution to that effect and the conveyance may then be filed.
FINANCIAL IMPACT:
Approval of the Plat Waiver will allow the applicant to proceed with the development of future
residential properties that will contribute to the City's tax base.
ALTERNATIVES:
1. Motion and a second, as part of the Consent Agenda, to adopt a resolution waiving the
platting requirements to allow for the administrative subdivision of property located along
CSAH 17.
2. Remove this item from the Consent Agenda for additional discussion.
ATTACHMENTS:
1. Survey showing separate parcels by color
2. Preliminary Plat of Spring lake Ridge
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 20-xxx
A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY
LOCATED ALONG CSAH 17
Motion By: Second By:
WHEREAS, Winkler Land Company, on behalf of the property owners, are proposing to subdivide
property located along CSAH 17 (259080010); and
WHEREAS, The property owners have asked the City Council to waive the platting requirements to
allow for the subdivision of one parcel into two parcels; and
WHEREAS, Future development or subdivision of the remaining property (west of Hwy 17) will
require platting and the extension of City services, including sewer and water; and
WHEREAS, The City Council has found that compliance with the restrictions set forth in Subsections
1006.104 and 1006.105 of the Subdivision Ordinance will create an unnecessary
hardship and failure to comply will not interfere with the purpose of the Subdivision
Ordinance; and
WHEREAS, The City Council has approved the conveyance of this property by metes and bounds.
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 platting requirements are hereby waived.
3. The property owners may convey the property boundaries as shown on the survey dated May 21,
2019.
4. Conveyance of this property is subject to the condition that the property owner(s) submit deeds to the
City describing the newly created parcels.
TH
PASSED AND ADOPTED THIS 6 DAY OF APRIL 2020.
VOTE Briggs Thompson Braid Burkart Erickson
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
SheetDescription Sketch for:1 of 1c 2015 Pioneer Engineering, P.A.
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
2422 Enterprise Drive
Mendota Heights, MN 55120
(651) 681-1914
www.pioneereng.comFax: 681-9488
Winkler Development
Cad File: 119034-LOT
SPLIT.dwg
Date:5-21-2019
Folder #: 8333
Drawn by:KSO
c
35OFSPRING LAKE RIDGE
PRIOR LAKE, MINNESOTA
WINKLER DEVELOPMENT
10519 165TH STREET WEST
11-20-2019
NAP
NCR
Name
Reg. No.Date
Revisions
1. 1-27-2020 City Comments Date
Designed
Drawn
2019 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
11-20-2019 LAKEVILLE, MINNESOTA 55044
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Professional Surveyor
under the laws of the State of Minnesota 42299
Peter J. Hawkinson
00-SURV-119034-PREPLAT.DWG
PRELIMINARY PLAT 3.10
ITEM: 5E
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 06, 2020
PREPARED BY: Andy Brotzler, Public Works Director/City Engineer
PRESENTED BY: Andy Brotzler, Public Works Director/City Engineer
AGENDA ITEM: Consider Adoption of Resolution No. 20-050 Postponing the
Assessment Hearing for the 2020 Mill and Overlay Project.
GOAL AREA Transportation & Mobility
OBJECTIVE: 1. Maintain quality local street system based on a financially stable
plan that meets Overall Condition targets.
4. Support complete street designs that ensure pedestrian mobility
and multi-modal transportation options.
RECOMMENDED ACTION:
Adopt a resolution to delay or reschedule the Assessment Hearing for the 2020 Mill and Overlay
Project STR20-000001.
BACKGROUND:
The City of Prior Lake is committed to the safety and well-being of our Community and has
taken measures to mitigate the growth of COVID-19. Following the Minnesota Department of
Health guidelines and the closing of the City offices to the public due to precautions related to
COVID-19, the public hearing for the 2020 Mill and Overlay Project, STR20-000001 will be
postponed until further notice.
FINANCIAL IMPACT:
None
ALTERNATIVES:
1. Approve a resolution postponing the Assessment Public Hearing for the 2020 Mill and
Overlay Project indefinitely.
ATTACHMENTS:
1. City Council Resolution Mill Overlay Assessments
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 20-050
A Resolution postponing the
Assessment Hearing for the 2020 Mill and Overlay
Project STR20-000001 to a date to be determined.
Motion By: Second By:
WHEREAS,
The City of Prior Lake offices are currently closed to the public due to the
Corvid-19 Virus pursuant to the local emergency declared by the City of Prior
Lake; and
WHEREAS,
The Assessment Public Hearing for the 2020 Mill and Overlay Project
STR20-000001 was scheduled for April 20, 2020.
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 Assessment Public Hearing for the 2020 Mill and Overlay Project
STR20-000001 will be postponed to a date to be determined by the City
Council.
th
PASSED AND ADOPTED THIS 6 DAY OF APRIL 2020.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
ITEM: 5F
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 06, 2020
PREPARED BY: Jake Theisen, Maintenance Superintendent
PRESENTED BY: Jake Theisen, Maintenance Superintendent
AGENDA ITEM: Consider Adoption of Resolution No. 20-051 Approving 2020
Street Maintenance Services through the South Metro JPA and
authorizing the expenditure of $241,186 for the same.
GOAL AREA Transportation & Mobility
OBJECTIVE: 1. Maintain quality local street system based on a financially
stable plan that meets Overall Condition targets.
RECOMMENDED ACTION:
Approve a Resolution Approving the 2020 Maintenance Services through the South Metro JPA
and authorize the expenditure of $241,186 for the same
BACKGROUND:
The purpose of this agenda item is to authorize the expenditure of $241,186 to complete street
maintenance as part of the South Metro Joint Powers Agreement (JPA) including traffic
markings, crack sealing, and seal coating.
History
A JPA is an agreement whereby Local Government Units (LGUs) with similar powers act
collectively as an entity for the delivery of certain products or services. For many years several
south suburban communities have entered into a JPA to acquire various street maintenance
services including traffic markings, crack sealing, and seal coating.
The current agreement includes the communities of Burnsville, Apple Valley, Eagan, Lakeville,
Rosemount, Savage, Prior Lake, Shakopee, West St. Paul, Elko New Market, Waconia,
Farmington, Mendota Heights, Eagan, Empire Township, Spring Lake Township, and South St.
Paul. By combining the quantities needed by each community, contractors have been able to
discount the unit bid price which has a net effect of lower prices for all participating
communities.
The JPA has streamlined the process of advertising for sealed bids and contracting for the
previously mentioned street maintenance services. The City of Burnsville administers the JPA
which includes compiling all of the quantities from each project partner, completing the bidding
process in accordance to state statute, and entering into and administering the construction
contract. Each community pays a fee to Burnsville for this service based on a percentage of the
total amount of services requested through the JPA. There is no change in this fee and it is
billed as follows:
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5F
Page | 2
$0 - $50,000 1.5%
$50,000 - $100,000 1%
Over $100,000 .5%
In 2012 the language of the JPA was modified to have the agreement continue in effect until
terminated instead of having an annual expiration. However, participating communities still need
to authorize the work and expenditure of funds once the bids are received.
Current Circumstances
The 2020 city street maintenance budget has $250,000 to purchase materials and services
through the JPA. The practice is to perform maintenance activities on streets which fall within
the appropriate pavement management activity ranges in an effort to maintain an average OSI
rating of 70 on city streets as set forth in our 2040 Vision and Strategic Plan.
The 2020 services will include 7.5 miles of seal coating, 14 miles of crack sealing, and 49 miles
of long line painting.
The City of Burnsville has completed the bidding process with the results shown on the attached
Burnsville City Council Report. Prior Lake’s portion of the bids is as follows:
Crack Sealing $33,600
Seal Coating $190,486
Long Line Painting $16,100
Conclusion
In 2012 the language of the JPA was modified to have the agreement continue in effect until
terminated instead of having an annual expiration. The agreement can be terminated by giving
Burnsville sixty (60) days’ notice. The Council is being asked to approve work related to this
agreement. It is recommended to proceed with participation in this collaborative, cost saving
effort.
The fundamental reason for performing this work through a Joint Powers Agreement is to get
better products for the least expensive prices. We also find that the oversight and
administration of this work is considerably easier when it is done in collaboration with others.
Prior Lake has been participating in the JPA since 1995 and typically utilizes seal coating, crack
sealing and traffic marking services. Prior Lake does not have the required staff or equipment
to complete large scale traffic marking, crack sealing or seal coating projects in-house
FINANCIAL IMPACT:
This Joint Powers Agreement is cost effective for City taxpayers. The State Legislature places
a high priority on Local Government Units (LGU) combining their resources to accomplish day-
to-day responsibilities. This is an excellent example of this practice.
ALTERNATIVES:
1. 1. Approve a resolution, as part of the consent agenda, authorizing the expenditure of
$241,186 for street maintenance services through the South Metro Joint Powers
Agreement.
2. Remove this item from the consent agenda for additional discussion.
Item 5F
Page | 3
ATTACHMENTS:
1. JPA RES
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 20-051
A RESOLUTION AUTHORIZING THE EXPENDITURE OF UP TO $241,186 FOR STREET
MAINTENANCE SERVICES THROUGH THE SOUTH METRO JPA
Motion By: Second By:
WHEREAS,
Prior Lake, Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage,
Shakopee, West St. Paul, Elko New Market, Waconia, Farmington, Mendota Heights, Eagan,
Empire Township, Spring Lake Township Scott County and South St. Paul are all members
of a Joint Powers Agreement to contract for traffic markings, street sweeping, crack sealing,
screening and seal coating last amended in 2012; and
WHEREAS,
The Joint Powers Agreement describes the City's participation in the traffic markings, crack
sealing, and seal coating; and
WHEREAS,
The Joint Powers Agreement will result in cost savings to the City of Prior Lake and
previously this particular Joint Powers Agreement has been issued a commendation for
interagency cooperation and cost savings by the State of Minnesota ; and
WHEREAS,
The City of Burnsville administers the Joint Powers Agreement which includes compiling all
of the quantities from each project partner, completing the bidding process in accordance to
state statute, and entering into and administering the construction contract; and
WHEREAS,
It is recommended that the City complete 14 miles of crack sealing, 7.5 miles of seal coating
and 49 miles of long line painting with an estimated cost of $241,186 all as part of the Joint
Powers Agreement.
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 authorizes the expenditure of an amount not to exceed $ 241,186 for
Traffic Markings, Crack Sealing and Seal Coating as part of the Street Maintenance Joint
Powers Agreement.
3. The funding for the street maintenance completed through the Joint Powers Agreement
shall come from the street portion of the 2020 General Street Fund Budget
Passed and adopted by the Prior Lake City Council this 6th day of April, 2020.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☐
☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
C:\\Users\\aorlofsky\\AppData\\Local\\Temp\\Report Attachment - JPA RES_626649\\Report Attachment - JPA RES.docx
2
ITEM: 5G
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 06, 2020
PREPARED BY: Nick Monserud, Assistant City Engineer
PRESENTED BY: Nick Monserud, Assistant City Engineer
AGENDA ITEM: Consider Adoption of Resolution No. 20-052 Approving the 2020
Municipal State Aid System Revisions
RECOMMENDED ACTION:
Approve Resolution No. 20- 052 Approving the amendments to the Designated Municipal State
Aid street system for the City of Prior Lake.
BACKGROUND:
The Municipal State Aid Street (MSAS) system allows cities with a population over 5,000 to be
eligible to receive additional funding for road improvements and maintenance from the State
Highway Users Fund. Each year, the City receives an allocation based 50% upon its population
and 50% upon the construction Needs of its roadways. To receive funding, the City can
designate up to 20% of its local streets to receive MSAS funding. The City has a total of 22.29
miles eligible to designate. At the end of 2019, the City has 1.98 miles of undesignated mileage.
Per State Aid Rules, a City is allowed to add and/or remove mileage annually if a letter request
is submitted. If the proposed route is accepted by the State Aid office, a formal council
resolution adding it to the system is required prior to May 1st.
In an effort to maximize the construction Needs of Prior Lake’s MSAS system and with the goal
of strategically using the annual available allotment of State Aid funds to the City, we are
recommending the following modifications to the system (illustration attached):
Revocation of Arcadia Avenue from Colorado Street to TH 13
o Segment Length: 0.38 miles
o Reasoning: This is a non-existing route that currently goes through a wetland and the City is not
going to construct it.
Addition of Candy Cove Trail from CSAH 44 to TH 13
o Segment Length: 0.36 miles
o Reasoning: This is a higher ADT “cut-through” route for residents trying to get to CSAH 44 from TH
13 and don’t want to wait at the TH 13/CSAH 44 intersection.
Addition of Jeffers Pass from CSAH 21 to CSAH 21
o Segment Length: 0.86 miles
o Reasoning: This is a higher ADT route that connects a variety of residential neighborhoods to
CSAH 21.
Addition of Coachman Lane from CSAH 21 to Carriage Hills Parkway NE
o Segment Length: 0.66 miles
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5G
Page | 2
o Reasoning: This is a This is a higher ADT route that connects a variety of residential
neighborhoods to CSAH 21 and Carriage Hills Parkway NE.
Addition of Fairway Heights Trail from Jeffers Pass to Foxtail Trail
o Segment Length: 0.20 miles
o Reasoning: This is a higher ADT route that connects to Jeffers Pass to Foxtail Trail and provides a
connection route to the regional system.
Addition of Foxtail Trail from Fairway Heights Trail to Wilds Parkway
o Segment Length: 0.22 miles
o Reasoning: This is a higher ADT route that connects to Fairway Heights Trail to Wilds Parkway and
provides a connection route to the regional system.
After making these modifications, 0.06 miles of undesignated MSAS mileage will remain.
While the annual allotment that Prior Lake will receive from State Aid will fluctuate each year
based on gas-tax revenues received by the State, and by relative apportionments for population
and the Needs of all State Aid cities throughout the State, the proposed revisions are
anticipated to result in the City maximizing its available designation mileage which will in turn
maximize the State Aid Needs dollars that are allocated to the City. It should be noted that,
year to year, there is no guarantee that the annual allotment received by any city will increase.
MnDOT State Aid staff approved the requested proposed revisions on March 3rd. The City
Council must now pass a formal resolution to finalize the proposed routes and submit that
resolution to MnDOT’s State Aid office prior to May 1st, 2020.
Conclusion
It is Staff’s recommendation that City Council approve the attached resolution and direct staff to
submit per MnDOT requirements
ALTERNATIVES:
1. As part of the Consent Agenda approve a resolution approving the amendments to the
Designated Municipal State Aid street system for the City of Prior Lake.
2. Remove the item from the Consent Agenda for additional discussion.
ATTACHMENTS:
1. State Aid Route Changes - Res
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 20-052
A RESOLUTION APPROVING AMENDMENTS TO THE DESIGNATED MUNICIPAL
STATE AID STREET SYSTEM FOR THE CITY OF PRIOR LAKE, MINNESOTA
Motion By: Second By:
WHEREAS, As a requirement to qualify for state aid funding for streets, it is necessary that the Prior Lake
City Council (“Council”) designate certain streets within the City of Prior Lake to comprise a
Municipal State Aid Street (MSAS) system.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. That part of Arcadia Avenue from TH 13 to Colorado Street shall be revoked from the City of
Prior Lake’s MSAS system.
2. That part of Candy Cove Trail from 160th Street SE (CSAH 44) to TH 13 shall be added to the
City of Prior Lake’s MSAS system.
3. That part of Jeffers Pass from the south junction of Eagle Creek Avenue (CSAH 21) to the
north junction of Eagle Creek Avenue (CSAH 21) shall be added to the City of Prior Lake’s
MSAS system.
4. That part of Coachman Lane from Eagle Creek Avenue (CSAH 21) to Carriage Hills Parkway
NE shall be added to the City of Prior Lake’s MSAS system.
5. That part of Fox Tail Trail from Wilds Parkway to Fairway Heights Trail shall be added to the
City of Prior Lake’s MSAS system.
6. That part of Fairway Heights Trail from Fox Tail Trail to Jeffers Pass shall be added to the City
of Prior Lake’s MSAS system.
7. That the City Manager provide a certified copy of this resolution prior to May 1, 2020 for
transmittal to the Commissioner of the Minnesota Department of Transportation.
th
PASSED AND ADOPTED THIS 6 DAY OF APRIL 2020.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager