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HomeMy WebLinkAbout_08 16 2021 City Council Agenda Packet City of Prior Lake Expenditures- Payroll and BenefitsAs of 7/31/2021 (Preliminary & Unaudited)Activity for Activity for Variance from VariancePrevious Month Month 2021 2021 2021 Amended Budget ‐ % BDGT7/31/20from 20206/30/2021 7/31/2021 Budget Amended Actual YTD Positive (Negative) USEDActual YTD Positive (Negative)GENERAL FUNDFunction: General Government41110.00 MAYOR & COUNCIL 5,095                          5,061                          66,234                 66,234                 36,115                 30,119                               55% 33,389                     (2,726)                                    41320.00 ADMINISTRATION 20,616                        30,074                        197,222               197,222               123,871               73,351                               63% 142,736                   18,864                                   41330.00 BOARDS & COMMISSIONS 969                             1,077                          10,765                 10,765                 4,383                   6,382                                 41% 2,368                       (2,015)                                    41400.00 CITY CLERK FUNCTIONS 9,332                          13,787                        120,422               120,422               65,612                 54,810                               54% 63,108                     (2,505)                                    41410.00 ELECTIONS‐                                    ‐                                   3,500                   3,500                   137                       3,363                                 4% 7,677                       7,540                                     41520.00 FINANCE 41,603                        61,485                        537,955               537,955               295,215               242,740                            55% 242,690                   (52,525)                                  41820.00 HUMAN RESOURCES 20,841                        30,847                        271,624               271,624               148,054               123,570                            55% 150,320                   2,265                                     41830.00 COMMUNICATIONS 8,819                          12,980                        128,054               128,054               62,698                 65,356                               49% 60,626                     (2,072)                                    41910.00 COMMUNITY DEVELOPMENT 24,251                        35,462                        317,724               317,724               169,910               147,814                            53% 160,921                   (8,989)                                    41920.00 INFORMATION TECHNOLOGY 17,017                        24,918                        225,935               225,935               121,085               104,850                            54% 82,621                     (38,464)                                  41940.00 FACILITIES ‐ CITY HALL 5,851                          9,340                          91,018                 91,018                 35,296                 55,722                               39% 39,881                     4,586                                     Total ‐ Function General Government 154,395                      225,030                      1,970,453            1,970,453            1,062,378            908,075                            54% 986,338                   (76,040)                                  Function: Public Safety42100.00 POLICE 349,583                      553,961                      4,736,215            4,939,965            2,556,512            2,383,453                         52% 2,393,949                (162,562)                                42200.00 FIRE 38,744                        58,495                        760,123               760,123               288,793               471,330                            38% 258,730                   (30,063)                                  42400.00 BUILDING INSPECTION 51,256                        75,362                        679,565               679,565               363,335               316,230                            53% 325,198                   (38,137)                                  Total ‐ Function Public Safety 439,584                      687,818                      6,175,903            6,379,653            3,208,640            3,171,013                         50% 2,977,878                (230,762)                                Function: Public Works43050.00 ENGINEERING 25,876                        39,240                        350,041               350,041               184,383               165,658                            53% 173,713                   (10,669)                                  43100.00 STREET 35,647                        58,639                        503,876               503,876               273,962               229,914                            54% 250,008                   (23,954)                                  43400.00 CENTRAL GARAGE 17,276                        26,530                        247,198               247,198               127,229               119,969                            51% 126,261                   (967)                                       Total ‐ Function Public Works 78,799                        124,409                      1,101,115            1,101,115            585,573               515,542                            53% 549,982                   (35,591)                                  Function: Culture and Recreation45100.00 RECREATION 22,132                        53,096                        360,011               360,011               166,123               193,888                            46% 135,446                   (30,677)                                  45200.00 PARKS 82,989                        150,679                      1,081,258            1,081,258            540,819               540,439                            50% 492,257                   (48,562)                                  Total ‐ Function Culture and Recreation 105,121                      203,775                      1,441,269            1,441,269            706,943               734,326                            49% 627,703                   (79,240)                                  General Fund Payroll Only Expenditures Total 777,899                      1,241,032                  10,688,740         10,892,490         5,563,534            5,328,956                         51% 5,141,901                (421,633)                                COMPARATIVEAnnual City of Prior Lake Expenditures- Payroll and BenefitsAs of 7/31/2021 (Preliminary & Unaudited)Activity for Activity for Variance from VariancePrevious Month Month 2021 2021 2021 Amended Budget ‐ % BDGT7/31/20from 20206/30/2021 7/31/2021 Budget Amended Actual YTD Positive (Negative) USEDActual YTD Positive (Negative)COMPARATIVEAnnualEDA FUNDFunction:  Economic Development   46500.00 ECONOMIC DEVELOPMENT 10,637                        15,496                        135,544               135,544               78,286                 57,258                               58% 80,298                     2,012                                     EDA Fund Payroll Only Expenditures Total 10,637                        15,496                        135,544               135,544               78,286                 57,258                               58% 80,298                     2,012                                     WATER FUNDFunction: Water41520.00 Finance 5,871                          8,491                          76,881                 76,881                 41,469                 35,412                               54% 40,622                     (847)                                       49400.00 Water 54,136                        84,468                        749,281               749,281               404,402               344,879                            54% 390,402                   (14,000)                                  Water Fund Payroll Only Expenditures Total 60,007                        92,959                        826,162               826,162               445,871               380,291                            54% 431,024                   (14,847)                                  SEWER FUNDFunction: Sewer41520.00 Finance 5,870                          8,490                          76,881                 76,881                 41,463                 35,418                               54% 40,682                     (781)                                       49450.00 Sewer 51,892                        82,602                        731,502               731,502               403,070               328,432                            55% 408,830                   5,760                                     Sewer Fund Payroll Only Expenditures Total 57,762                        91,092                        808,383               808,383               444,534               363,849                            55% 449,512                   4,979                                     STORM WATER FUNDFunction: Storm Water49420.00 Water Quality 26,270                        39,825                        366,879               366,879               185,639               181,240                            51% 183,351                   (2,288)                                    Storm Water Fund Payroll Only Expenditures Total 26,270                        39,825                        366,879               366,879               185,639               181,240                            51% 183,351                   (2,288)                                    City‐Wide Total Payroll Expenditures 932,575                     1,480,405                  12,825,708         13,029,458         6,717,863           6,311,595                         52% 6,286,087               (431,776)                                CHECK REGISTER FOR CITY OF PRIOR LAKE 1/4Page: 08/09/2021 08:55 AM User: Janet DB: Prior Lake CHECK DATE FROM 07/24/2021 - 08/06/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date Bank 1 General Bank 1,612.56 2021 Dental ClaimsDELTA DENTAL000272137472(E)107/26/2021 125.00 Safety Boots 2021ALEX BREEGGEMANN000027897473(A)107/30/2021 4,502.50 Door Repair FS #1AUTOMATED DOOR SERVICE INC000274197474(A)107/30/2021 125.00 Safety Boots 2021CHAD SHIMOTA000270447475(A)107/30/2021 225.00 Ponds & Ryan Parks Restroom CleaningCOVERALL000275717476(A)107/30/2021 470.48 Raymond Lift StationELECTRIC PUMP000231207477(A)107/30/2021 3,289.50 Raymon Lift Station 3,759.98 786.12 7113 Squad supplies EMERGENCY AUTOMOTIVE TECH INC000054807478(A)107/30/2021 786.12 7105 Squad supplies (100.00)Cable Conductor (100.00)Cable Conductor 1,372.24 1,011.95 Firefighter GlovesFIRE EQUIPMENT SPECIALTIES INC000064557479(A)107/30/2021 144.80 Air Filters & System Cleaning - City HalG&B ENVIRONMENTAL INC000278747480(A)107/30/2021 974.00 507 Front tires HART BROS TIRE CO000082377481(A)107/30/2021 19,850.78 Water Treatment ChemicalsHAWKINS INC000083127482(A)107/30/2021 20.53 Conklin - Name PlateINNOVATIVE OFFICE SOLUTIONS LLC000271497483(A)107/30/2021 370.00 Lever - FS #1LOCKSAFE 000108557484(A)107/30/2021 709,097.04 #3 Fish Pt Road Phase I TRN20-0000001MCNAMARA CONTRACTING INC000132867485(A)107/30/2021 393.39 Toro Mower PartsMTI DISTRIBUTING INC000139517486(A)107/30/2021 125.23 Brake Light 108.11 536 Throttle cable 167.18 539 Tail lamp 793.91 95.20 Jun 2021 MileageNICHOLAS MONSERUD000273907487(A)107/30/2021 684.25 Night to Unite ShirtsNORTH AMERICAN SAFETY000145747488(A)107/30/2021 124.89 8540 Headache rack NOVAK COMPANIES000149007489(A)107/30/2021 1,066.59 Attorney Laserfiche LicenseOPG-3 INC000271757490(A)107/30/2021 2,801.28 8313 Accident repair PRIOR LAKE AUTO COLLISION000166047491(A)107/30/2021 319.54 8313 Front windshield mouldings 3,120.82 154.91 480 Repair RIGID HITCH INC000184757492(A)107/30/2021 1,625.00 Roofing Repairs - WTFSCHWICKERT'S TECTA AMERICA LLC000279117493(A)107/30/2021 2,151.00 Roofing Repairs - FS #1 3,776.00 97.76 Squad supplies TERMINAL SUPPLY COMPANY000202707494(A)107/30/2021 61.55 Squad supplies 116.77 Old squad antenna covers 18.36 7112 Terminal Block 294.44 127.24 Emergency ExitVIKING ELECTRIC SUPPLY000226307495(A)107/30/2021 348.00 Jul 2021 HSA Admin FeesALERUS000013757496(E)107/27/2021 1,489.01 Jul 2021 Natural Gas BillsCENTERPOINT ENERGY000135707497(E)107/29/2021 CHECK REGISTER FOR CITY OF PRIOR LAKE 2/4Page: 08/09/2021 08:55 AM User: Janet DB: Prior Lake CHECK DATE FROM 07/24/2021 - 08/06/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 55,416.41 Jul 2021 Electric BillsXCEL ENERGY000147207498(E)107/29/2021 1,032.58 2021 Dental ClaimsDELTA DENTAL000272137499(E)108/02/2021 2,400.00 Jul 2021 Animal Control4 PAWS ANIMAL CONTROL LLC000067987500(A)108/03/2021 1,380.00 Tow Yamaha R6 #039086 ALLEN'S SERVICE INC000013607501(A)108/03/2021 618.41 Jul 2021 Misc SuppliesCARLSON HARDWARE COMPANY000031257502(A)108/03/2021 7,890.00 Aug 2021 CleaningCOVERALL000275717503(A)108/03/2021 1,408.20 Tractor RepairFLEXIBLE PIPE TOOL CO000066607504(A)108/03/2021 2,186.25 Jul 2021 GeneralHOFF BARRY PA000273877505(A)108/03/2021 660.00 Jul 2021 Annexation 330.00 Jul 2021 Finance 41.25 Jul 2021 Franchises 41.25 Jul 2021 PW/Engineering 371.25 Jul 2021 Recreation 206.25 Jul 2021 EDA 288.75 Jul 2021 Development 206.25 Jul 2021 Towering Woods 137.50 Jul 2021 Cardinal Overlook Addn 82.50 Jul 2021 Fire 247.50 Jul 2021 Code Pt 1 165.00 Jul 2021 Code Pt 11 68.75 Jul 2021 Majestic 5,032.50 848.64 Jul 2021 UniformsHUEBSCH000275367506(A)108/03/2021 101.02 472 GreaseKATH FUEL OIL SERVICE000024107507(A)108/03/2021 15,195.67 Jul 2021 FuelKELLEY FUELS INC000112197508(A)108/03/2021 592.07 Jun 2021 Data & SoftwarePRECISE MOBILE RESOURCE MGMT000165487509(A)108/03/2021 1,011.88 Jul 2021 Misc SuppliesPRIOR LAKE HARDWARE000166587510(A)108/03/2021 1,404.00 Priority Repairs - FS #2SCHWICKERT'S TECTA AMERICA LLC000279117511(A)108/03/2021 575.00 Repairs - Salt Shed 2,400.00 Roofing Inspection - CH 1,000.00 Repairs - WTF 5,379.00 704.00 AsphaltWM MUELLER & SONS INC000236457512(A)108/03/2021 285.97 Aug 2021 Vision PremiumsEYEMED000279177513(E)108/05/2021 46.00 Filing Fee - Res 21-08PCSCOTT COUNTY000192127514(E)107/28/2021 46.00 Filing Fee - Annexation PID 119120042 92.00 234.00 Jul 2021 Yoga InstructorASHLEY BITZAN00028004108541107/30/2021 100.00 Water Efficiency RebateBRIAN ROTHMEYERREFUND-MSC108542107/30/2021 1,035.00 City Hall Window ShadesBUDGET BLINDS00002956108543107/30/2021 1,076.45 BarricadeEARL F ANDERSEN INC00005175108544107/30/2021 2,717.00 Water MetersFERGUSON WATERWORKS #251600006231108545107/30/2021 214.33 Program SuppliesFUN EXPRESS00027257108546107/30/2021 49.73 Program Suppplies 264.06 589.25 TV Wiring - PD ConfHAYES ELECTRIC INC00008315108547107/30/2021 8,750.00 150th St GuardrailINSITE CONTRACTING INC00028021108548107/30/2021 3,380.00 Dehumidifier - WTFKLAMM MECHANICAL CONTRACTORS INC00026904108549107/30/2021 3,380.00 Dehumidifier - Wilds Booster Station 6,760.00 CHECK REGISTER FOR CITY OF PRIOR LAKE 3/4Page: 08/09/2021 08:55 AM User: Janet DB: Prior Lake CHECK DATE FROM 07/24/2021 - 08/06/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 13,529.00 #8531 Felling TrailerLANO EQUIPMENT INC00012255108550107/30/2021 2,500.00 20-1664 5754 Apex Way NELENNAR HOMESMISC-CD108551107/30/2021 2,500.00 20-1896 5738 Apex Way NE 2,500.00 20-2050 5722 Apex Way NE 2,500.00 20-1500 5771 Apex Way NE 2,500.00 20-1829 5785 Meridian Way NE 2,500.00 20-2305 5798 Apex Way NE 2,500.00 20-2170 5959 Pinnacle Circle NE 17,500.00 37.57 Clay & CaulkMENARDS LUMBER CO00013318108552107/30/2021 6.36 Parts 43.93 1,800.00 2021 Membership MS4 Metro Watershed PartMETRO WATERSHED PARTNERS00026825108553107/30/2021 2,500.00 20-1838 13699 Crowline Drive NEMI HOMES OF MINNEAPOLIS LLCMISC-CD108554107/30/2021 580.00 Foaming Hand SoapMINNCOR INDUSTRIES00013543108555107/30/2021 300.00 Sep 2021-Aug 2022 Membership DuesMN RURAL WATER ASSOC00013674108556107/30/2021 1,001.05 Dell OptiPlex, MonitorNOW MICRO INC00027966108557107/30/2021 3,996.00 2021 Pre-Pay PropaneO'CONNELL OIL CO00015054108558107/30/2021 185.40 City Hall Boiler Replacement Design & CoOERTEL ARCHITECTS00015155108559107/30/2021 81.50 Misc ReimbursementsPETTY CASH00016300108560107/30/2021 1,942.50 Baseball ClassREVOLUTIONARY SPORTS LLC00027855108561107/30/2021 1,684.20 Speed & Agility Camp 3,626.70 870.00 UB - REFUND/OVERPAID #2-07307-01 RICHARD & MELISSA LEWISREFUND-UB108562107/30/2021 2,750.00 Crane TrainingRIDGEWATER COLLEGE00028019108563107/30/2021 100.00 Water Efficiency RebateSCOTT LUNDQUISTREFUND-MSC108564107/30/2021 153,517.82 TIF 1st Half 2021SHEPHERD'S PATH00019450108565107/30/2021 378.48 HydrantUSA BLUEBOOK00021882108566107/30/2021 959.60 Locator RepairUTILITY LOGIC00027760108567107/30/2021 15,517.30 170th St - Transformer InstallationXCEL ENERGY00014720108568107/30/2021 65.00 Pest Control - Club PriorXTREME PEST SOLUTIONS INC00027116108569107/30/2021 86.84 536 sprayer wand repair ALTEC INDUSTRIES INC00027400108570108/03/2021 800.00 8/20/2021 Music in the ParkAMERICAN BOOTLEG 00028025108571108/03/2021 212.25 CoffeeARAMARK REFRESHMENT SERVICES00001772108572108/03/2021 20.96 Coffee 233.21 6,640.00 Interview Rm Camera Storage #2AXON ENTERPRISE INC00027347108573108/03/2021 55.36 Water - 4662 Dakota St SECITY OF PRIOR LAKE00016810108574108/03/2021 929.39 #8531 Trailer Plates & TitleDEPUTY REGISTRAR #16000004400108575108/03/2021 2,709.22 Aug 2021 RefuseDICK'S SANITATION INC00027918108576108/03/2021 31.26 Program SuppliesFUN EXPRESS00027257108577108/03/2021 54.00 Hand SanitizerGRAINGER INC00023030108578108/03/2021 100.00 Water Efficiency RebateHAROLD GARNETTREFUND-MSC108579108/03/2021 2,472.45 CSAH 21/Revere KIMLEY-HORN & ASSOCIATES INC00011372108580108/03/2021 2,500.00 21-0058 5845 Pinnacle Circle NELENNAR HOMESMISC-CD108581108/03/2021 165.98 Poly ClearMENARDS LUMBER CO00013318108582108/03/2021 32.00 Meger - Water Operator Exam ApplicationMN DEPT OF HEALTH00013618108583108/03/2021 32.00 Whitmer - Water Operator Exam Applicatio 32.00 Krenik - Water Operator Exam Application 96.00 CHECK REGISTER FOR CITY OF PRIOR LAKE 4/4Page: 08/09/2021 08:55 AM User: Janet DB: Prior Lake CHECK DATE FROM 07/24/2021 - 08/06/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 160.00 WoodchipsROCK HARD LANDSCAPE SUPPLY00018571108584108/03/2021 360.00 Sink Rental - Beach Parties, Music in thSPECIALIZED SANITATION00019703108585108/03/2021 3,160.00 Aug 2021 Portable Toilets 3,520.00 466.00 40mm Launcher and munitions STREICHERS00019900108586108/03/2021 300.00 Water Softener SaltTRI COUNTY WATER METRO SOUTH00005247108587108/03/2021 1 TOTALS: 1,116,802.24 Total of 90 Disbursements: 0.00 Less 0 Void Checks: 1,116,802.24 Total of 90 Checks: Number of Permits Declared Value Number of Permits Declared Value Single Family Dwellings 7 $2,424,475.00 21 $7,022,293.00 Townhouses (# units)0 $0.00 0 $0.00 Multiple Units 0 $0.00 0 $0.00 New Commercial Industrial & Commercial 0 $0.00 0 $0.00 Residential 81 $3,230,881.25 124 $1,558,290.00 Industrial & Commercial 2 $36,978.00 2 $37,000.00 tMechanical 54 $0.00 72 $0.00 ttMechanical (SF & TH)28 $0.00 84 $0.00 TOTALS 172 $5,692,334.25 303 $8,617,583.00 Number of Permits Declared Value Number of Permits Declared Value Single Family Dwellings 83 $32,122,194.00 79 $26,149,576.00 Townhouses (# units)0 $0.00 4 $832,206.00 Multiple Units 0 $0.00 0 $0.00 New Commercial Industrial & Commercial 4 $3,814,256.00 1 $2,600,000.00 Residential 946 $12,387,254.11 968 $4,677,577.00 Industrial & Commercial 22 $1,103,203.46 8 $5,173,300.00 tMechanical 479 $0.00 391 $0.00 ttMechanical (SF & TH)332 $0.00 332 $0.00 TOTALS 1866 $49,426,907.57 1783 $39,432,659.00 Summary of Fees Collected July 2021 July 2020 YTD 2021 YTD 2020 General Fund 56,966.02 $140,248.96 $731,108.64 $642,871.29 Trunk Reserve Fund 13,300.00 $42,000.00 $191,000.00 $195,216.00 Water Storage Fund - $30,800.00 $6,160.00 $143,160.00 Water and Sewer Fund 5,250.00 $15,000.00 $72,780.00 $67,694.84 Metro Council SAC 17,395.00 $49,700.00 $250,985.00 $228,620.00 State Surcharge 1,535.94 $3,182.42 $21,388.22 $27,176.98 Builders Fees and Deposits 22,500.00 $50,000.00 $227,200.00 $205,200.00 TOTAL 116,946.96 $330,931.38 $1,500,621.86 $1,509,939.11 Mary Olson Mary Olson, Development Services Specialist 2021 Year to Date 2020 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. CITY OF PRIOR LAKE BUILDING PERMIT SUMMARY JULY 1, 2021 - JULY 31, 2021 New Residential July 2021 July 2020 TOWER ST SE 170 ST E 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 1695516955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 16955 4679 17025 4666 4678 4690 4704 4718 4730 4700 16955 47414671 4664 4664 4664 4664 4664 46644664 46644664 4664 4664 4664 4660 4660 4660 4660 4660 4660 46604660 4660 4660 4660 4660 4660 4660 Scott County GIS Ü Towering Woods Final Plat / Final PUD Location Map UPPER PRIOR LAKE GD(904) SPRING LAKE GD(912.8) BLIND LAKERD (948.7) MARKLEY LAKERD ( ) CRYSTAL LAKE NE(943.3) RICE LAKE NE(945) CLEARY LAKE NE456781 456727 456712 456723 456787 456721 -A13 Upper PriorLake Spring Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY 0 50 100 150 200Feet Page 1 DEVELOPMENT AGREEMENT TOWERING WOODS TOWNHOMES PROJECT #20-000020 This Development Agreement (“Agreement”) is entered into this 16th day of August, 2021, by and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and Twin Cities Habitat for Humanity Inc. (“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 twelve (12) residential units on the Property; NOW, THEREFORE, in consideration of the City Council adopting Resolution No. ____________ (“Resolution”) for Final Plat approval for the construction of twelve (12) residential 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 building permit and Developer shall not construct upon the Property in any manner, or begin the Development Work until all of the following Page 2 conditions have been satisfied: 1) the final Plat and this Agreement have been fully executed by all parties and recorded in the office of the Scott County Recorder or Registrar or Titles as applicable; 2) the necessary Security, deposits, fees and insurance have been received by the City, and 3) the City Engineer or his/her designee has issued a letter that all conditions have been satisfied and that the Developer may 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. If the final Plat is a phase of a multi-phased preliminary Plat, the Developer shall submit, in accordance with City Code, a staging plan for City Council approval which may allow the Developer more than one (1) year to subdivide the Property into lots and blocks. If the final Plat is a phase of a multi-phased preliminary Plat, the City Council may refuse to approve final plats of subsequent phases or other Plats within the City if the Developer has breached this Agreement or any terms or conditions set out in the Resolution and the breach has not been remedied. In addition, no other subsequent phases may proceed until the City Council approves development agreements for such phases. Fees and charges collected by the City in connection with infrastructure, public improvements and parkland dedication requirements are not being imposed on outlots, if any, in the final Plat that are designated in an approved preliminary Plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and blocks. 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: Page 3 Plan A -- Final Plat as stamped approved by the City Engineer or his/her designee (Prepared by Sambatek 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 Barr Engineering Inc.) Plan C -- Plans and Specifications for Developer Installed Public Improvements as stamped approved by the City Engineer or his/her designee (Prepared by Barr Engineering Inc.) Plan D -- Landscape Plan as stamped approved by the City Community Development Director or his/her designee (Prepared by Barr Engineering Inc.) 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 Code, the City's Public Works Design Manual (“PWDM”), and the direction of City Manager or his/her designee. All improvements and other work required by the Plans, the Developer Installed Public Improvements, and such other work as is required by this Agreement, the Resolution or the documents or 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 PUBLIC IMPROVEMENTS. A. The Developer shall install and pay for the public improvements identified in the Plans, hereinafter referred to as the “Developer Installed Public Improvements”, which may include but are not limited to: Sanitary Sewer System, Water System, Storm Sewer, Streets, Concrete Curb and Gutter, Street Lights, Site Grading and Ponding, Underground Utilities, Traffic Control Signs, Street Signs, Setting of Iron Monuments, Sidewalks, Trails, and Boardwalks, Landscaping and Wetland Buffer Signage. All Develoepr Installed Public Improvements shall be dedicated or conveyed to the public, and shall be located within public property, right-of-way, or easement dedicated to the public. B. Developer shall complete all Developer Installed Public Improvements and obtain the City Council’s written acceptance of the Developer Installed Public Improvements no later than December 31, Page 4 2021. The final wear course on streets shall be installed by October 31st of the same year the base layer of asphalt is installed. If the final wear course is not installed by the date required herein, no additional building permits shall be issued for the Property until the punch list is complete and the final wear course installed. All punch list items shall be completed before the final wear course is installed in order to allow for inspection. C. Developer shall mark and label the GPS coordinates of the Developer Installed Public Improvements as the improvements are constructed. All of the following items must be marked and labeled and the data provided to the City in a form compatible with ArcGIS. · Watermain – bends, tees, valves, crosses, sleeves, services corps, curb stops, future stubs. · Sanitary sewer – manholes, service wyes, service stubs, cleanouts, future sanitary sewer stubs. · Storm Sewer – manholes, catchbasins, outlet structures, flared end sections, cleanouts, tile, valves. · Signs – all developer installed signs and type of sign. The City Council will not accept the Devleoper Installed Pubilc Improvements unless the GPS coordinates for all of the listed items are provided. If Developer fails to provide the required coordinates, Developer will be required to re-access the improvements, mark and label the GPS coordinates and then restore the improvements. D. As a condition of the City Council’s acceptance of the Developer Installed Public 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 Public Improvements and that the Developer Installed Public Improvements were built in accordance with this Agreement. E. Upon the City Council’s written acceptance, by City Council Resolution, of the Developer Installed Public Improvements, the Developer Installed Public Improvements shall automatically become property of the City without further notice or action. The Developer shall be responsible for all maintenance of the Developer Installed Public Improvements until written acceptance by the City Council. Page 5 F. 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 Public Improvement. G. Private Improvements. In addition to the Developer Installed Public Improvements, the Developer shall install and pay for the following private improvements ________________________________________, all as identified in the Plans and all of which shall be located on private property. The private improvements shall be installed, maintained, operated, repaired and replaced by the Developer until such time as those obligations are transferred to the owners of the appropriate lots or to a home owners association. The City shall have no obligations in relation to the private improvements. 5. PROJECT TESTING. The Developer is responsible, at the Developer’s sole cost, to provide testing to certify that Developer Installed Public 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 or his/her designee 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 Public 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 plans 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 house pads. The Developer shall also submit Page 6 a land tabulation certified by a registered engineer showing that all pads have been corrected in accordance with project specifications. B. The Developer shall submit the final Plat in electronic format. The electronic format shall be compatible with the City's current software. In addition, upon 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 Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City Council. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City Council. Both the Developer Installed Public Improvement warranty period described in this paragraph and the landscape warranty period described in paragraph 20 below 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, the City Engineer or his/her designee’s requirements, and the individual building/grading plan for each specific lot, until the Page 7 later of: (i) such time as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) a certificate of occupancy has been issued for each specifc lot. 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. No building permits will be issued until the Developer has installed silt-fence behind the curb of all buildable lots. Developer shall be responsible for the maintenance of any silt fence installed. Upon request of the City Engineer or his/her designee, 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 or his/her designee. The City Engineer or his/her designee 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. 11. CONSTRUCTION ACCESS. Construction traffic access is restricted to 170th Street (Ponds Parkway). No construction traffic is permitted on other adjacent local streets. Page 8 12. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS. 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 said improvements have been inspected and determined by the City Engineer or his/her designee to be available for use. C. Notwithstanding any other provision of this Agreement, the City will issue a building permit for up to two (2) model homes and a temporary parking lot upon Developer’s compliance with the following requirements: (1) approval of the building plans by the Building Official; (2) approval of a site survey for the model home(s) and parking lot(s) by the City Community Development Director, and (3) presence of a paved street within 300 feet of a model home and presence on said paved street of a fire hydrant within 300 feet of a model home and approval by the Fire Chief. 13. CONSTRUCTION OBSERVATION. The City’s authorized personnel or contractors shall provide construction observation during the installation of the Developer Installed Public Improvements in accordance with the PWDM. These services by the City shall include: A. Construction observation during installation of required Developer Installed Public Improvements, which include grading, sanitary sewer, water main, storm sewer/ponding and street system. B. Documentation of construction work and all testing of Developer Installed Public 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. Page 9 14. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS. A. Developer shall convey to the City, through dedication in the final Plat or a separate conveyance document, fee title or an easement (whichever is required by the City Attorney), all of the following: (i) the property encompassing all Developer Installed Public Improvements, (ii) property necessary for all public and private connections and access to all Developer Installed Public Improvements, (iii) property for streets, sidewalks, and trails identified in the Plans; (iv) any property for park dedication, and (v) all other property interests, conveyance of which is required by this Agreement. B. The City Council shall vacate ____ (list any vacation of easements, roads etc.) _________________. C. Developer shall obtain the written approval of the City Attorney and the City Engineer or his/her desingee of the form of the conveyance documents and the location of all easements or fee title conveyances required by this Agreement. D. 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 has marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated Property. Prior to final plat approval, Developer shall provide to the City a current title insurance 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 Page 10 owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. E. 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 release 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. DEPOSITS/ESCROWS. A. Deposit for Legal Fees. Developer shall be responsible for all reasonable legal fees incurred by the City relating to revisions and amendments to and enforcement of this Agreement. Developer shall make a cash deposit with the City for legal fees incurred by the City. If the cash deposit is exhausted, the City Engineer or his/her designee may require that Developer submit additional funds to replenish the cash deposit. Alternatively, the City Engineer or his/her designee may invoice the Developer direclty for such costs and Developer shall pay all such invoices within ten (10) days of receipt. City may cease all work and review of the Development Work until the invoice is paid and/or the cash deposit is replenished. Any balance remaining in the cash deposit after the expiration of the Warranty Period shall be returned to the Developer. B. Construction Observation Deposit. Developer shall be responsible for all construction observation costs incurred by the City relating to this Agreement. Developer shall make a cash deposit with the City for construction observation. If the cash deposit is exhausted, the City Engineer or his/her designee may require that Developer submit additional funds to replenish the cash deposit. Alternatively, the City Engineer or his/her designee may invoice the Developer directly for such costs and Developer Page 11 shall pay all such invoices within ten (10) days of receipt. City may cease all work and review of the Development Work until the invoice is paid and/or the cash deposit is replenished. Any balance remaining in the cash deposit after the City Council’s final acceptance of the Developer Installed Public Improvements shall be returned to the Developer. 16. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set forth in the City Fee Schedule and described in detail in Exhibit B prior to any work occurring on the Property. Fees and charges are nonrefundable. Such fees and charges 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 costs incurred. B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park dedication fees for the Property as required by City Code in effect as of the date of the plat approval. C. Tree Preservation and Replacement. D. Trunk Storm Water Acreage Charge. E. Trunk Water Acreage Charge. F. Trunk Sewer Acreage Charge. G. Street Light Operational Costs. H. Chip Seal Fee. 17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance of all platted lots on the Property, 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 Page 12 as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) until each specific lot is sold. 18. OVERSIZING. Oversizing is the construction of a Developer Installed Public Improvement to City specifications that exceeds those that would be required of the Developer in order to serve additional development. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage facilities, and road improvements. If the City Engineer or his/her designee determines that oversizing is required for sanitary sewer, water or storm drainage, the City shall reimburse the Developer for the costs associated with this work. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is based upon the following: a cost estimate by the City Engineer or his/her designee based on an engineer’s estimate or contractors bid to be provided by the Developer; and application of the City's Assessment Policy based on a final engineering design as described in Exhibit B. If the City Engineer or his/her designee determines that oversizing is required for road improvements, Developer shall install such oversize improvements at Developer’s cost. 19. LANDSCAPING (Single-Family Residential). In accordance with the City Subdivision Code, each residential lot on the Property must have at least two (2) front yard trees. The City shall not issue a building permit for a lot until two (2) front yard trees are planted or retained and a cash escrow or letter of credit for the lot in question’s landscaping is provided to the City. The City shall not issue a certificate of occupancy for a lot until the front yard, boulevard, and side yards to the rear of every structure have been sodded, weather permitting. If the required landscaping is not installed, the City is granted a right of entry to enter upon the lot and install the landscaping using the escrowed funds or letter of credit. Upon satisfactory completion of the landscaping on the lot, the escrowed funds less any draw made by the City, shall be returned to the person who deposited the funds with the City. 20. LANDSCAPING. Landscaping for the Property shall comply with Plan C. Developer shall warrant all required trees, whether the trees are to be retained or planted, for one (1) year from the later of: (i) Page 13 the planting of the tree; or (ii) the issuance of a certificate of occupancy to the lot upon which the tree is located. A tree replaced under this warranty shall be warranted an additional one (1) year 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 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 Engineer or his/her designee 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 Engineer or his/her designee. 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 Attorney and City Engineer or his/her designee (“Security”) in the following amounts: i. 125% of projected costs for the Developer Installed Public 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, and any other breakdown, is for establishing the amount of the Security not a restriction on the use of the Security. All Security held by the City may be used in any manner allowed by this Page 14 Agreement, to reimburse the City for any costs incurred related to this Agreement and the project, and/or to cure any breach of this Agreement. C. The Security shall be in the form attached hereto as Exhibit C or other form as approved by the City Attorney in writing and shall be from a bank approved by the City Attorney. The bank shall be authorized to do business in the State of Minnesota. The Security shall extend through completion, acceptance by the City Council and the Warranty Period of the Developer Installed Public Improvements. D. In the event that Developer fails to comply with the terms of this Agreement (“breach”), 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 Engineer or his/her designee 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. The City shall at all times throughout construction and the Warranty Period maintain a minimum $50,000 or 10% of the Development Work for which Security was required, whiciever is greater. Page 15 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 clean the streets every day or as required by the City Engineer or his/her designee. 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 Engineer or his/her designee. 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 Engineer or his/her designee. 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 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 Page 16 occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by the City Engineer or his/her designee. 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 his/her designee. 25. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify 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. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 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 Public 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, including but not limited to all real estate property taxes, utility Page 17 charges, and assessments with respect to the Property; (2) failure by the Developer to construct the Developer Installed Public 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 (for the purpose of this paragraph, the sale of a lot, except an outlot, to a builder is not an event of default); (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 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 insurance, bonds or 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, through the City Manager, City Engineer, City Community Deveopment Director, City Attorney or any of their designees, 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. Page 18 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 Developer 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. The City may suspend the release of any escrowed dollars. 6. The City may use deposit or 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. 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 City’s 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. Page 19 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 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 United States mail at the following address: Twin Cities Habitat for Humanity Inc., 1954 University Avenue NW, Saint Paul, MN 55104. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by United States 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, Shana Conklin, Campbell Knutson P.A., Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, MN 55121. 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. 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, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys’ fees, that the City incurs or suffers, Page 20 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. 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 Council’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, a policy of insurance with limits for bodily injury, death, and property damage of not less than $1,000,000.00 per occurence and $2,000,000.00 aggregate. The City, its elected and appointed officials, officers, employees, planners, engineers, attorneys, and agents shall be 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 or Registrar of Titles, as applicable 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. Page 21 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. 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 Code or State Statutes. The City shall not be responsible for any damage to, or loss of, signs removed. 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: subdivision ordinances, zoning ordinances, and environmental regulations. If the City Engineer or his/her designee or the City Attorney determines that the Plat or Developer is not in compliance, the the City Engineer or his/her designee or the City Attorney may, at his/her option, refuse to allow construction or Development Work on the Property until the Developer does comply. Upon such demand, the Developer shall cease work until there is compliance. B. Permits. The Developer shall obtain all necessary approvals, permits and licenses from the City, and any other regulatory agencies and the utility companies. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer. C. 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. Page 22 D. Amendments. There shall be no amendments to this Agreement unless in writing, signed by the parties and approved by resolution of the City Council. E. Waiver. Failure of the City to require performance of any provision of this Agreement shall not affect its right to require full performance of this Agreement at any time thereafter and the waiver by the City of a breach of any such provision shall not be a waiver of any subsequent breach and shall not nullify the effectiveness of such provision. F. Assignment. The Developer may not assign this Agreement without the prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any part of it. G. 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. H. Successors and Assigns. 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. I. 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. J. No City Liability. Except for the intentional acts of the City or its employees and contractors, 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. Page 23 K. Exhibit A. 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. 36. PLANNED UNIT DEVELOPMENT. The Property is being developed as a Planned Unit Development. The City Council has found that the proposed development of the Property is in compliance with City Code Section 1106. The Property shall be developed in compliance with Resolution No.___________ dated ____________, and the plans approved by that Resolution. 37. PARK DEDICATION. Prior to release of the final Plat, Developer shall dedicate to City _______ for park purposes in accordance with the terms of paragraph 14. Page 24 CITY OF PRIOR LAKE By: ________________________________ _____________________, Mayor By: ________________________________ _____________________, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20__, by _____________________, Mayor, and by ____________________, 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 Page 25 Twin Cities Habitat for Humanity Inc. By: ________________________________ Its: ________________________________ STATE OF MINNESOTA ) (ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ____________, 20__, by _____________________________________ as _____________________________________________of Twin Cities Habitat for Humanity Inc., on behalf of the coroporation. _____________________________________ NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372 Page 26 EXHIBIT A TO DEVELOPMENT AGREEMENT Page 27 EXHIBIT B TO DEVELOPMENT AGREEMENT Deposit/Escrow Amt Per Total Construction Observation Deposit 8% of Public Improvements = $ 14,207.00 TOTAL Deposit/Escrow = $ 14,207.00 Fee Amt Per Total Administrative Fee 6% of Public Improvements = $ 655.00 Park Dedication Fee $ 3,750.00 X 12 Units = $ 45,000.00 Trunk Sanitary Sewer Acreage $ 4,700.00 X 1.240 Acres = $ 5,828.00 Trunk Water Acreage $ 3,840.00 X 1.240 Acres = $ 4,762.00 Trunk Storm Sewer Acreage $ 6,860.00 X 1.240 Acres = $ 8,506.00 TOTAL Fee = $ 64,751.00 *$10,000 of administrative fee already paid with plat applications (Total Admin Fee is $ 10,655.00) Security Total Sanitary Sewer = NA Water Main = NA Storm Sewer = NA Streets/Sidewalks/Trails = NA Small Utilities = $ 177,583.00 Tree Preseervation/Landscaping = $ 38,800.00 Subtotal (rounded) = $ 216,383.00 TOTAL (125% of subtotal) = $ 270,479.00 Oversizing Calculation Total NA = Fees/amounts due may be paid and/or credited against amounts owed. Page 28 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 entitled [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 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] Page 1 DEVELOPMENT AGREEMENT SPRINGVIEW MEADOWS PROJECT #21-000004 This Development Agreement (“Agreement”) is entered into this 16th day of August, 2021, by and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and D.R. Horton Inc. – Minnesota, a Delaware Corporation (“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 forty-one (41) residential units on the Property; NOW, THEREFORE, in consideration of the City Council adopting Resolution No. ____________ (“Resolution”) for Final Plat approval for the construction of forty-one (41) residential 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 building permit and Developer shall not construct upon the Property in any manner, or begin the Development Work until all of the following Page 2 conditions have been satisfied: 1) the final Plat and this Agreement have been fully executed by all parties and recorded in the office of the Scott County Recorder or Registrar or Titles as applicable; 2) the necessary Security, deposits, fees and insurance have been received by the City, and 3) the City Engineer or his/her designee has issued a letter that all conditions have been satisfied and that the Developer may 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. If the final Plat is a phase of a multi-phased preliminary Plat, the Developer shall submit, in accordance with City Code, a staging plan for City Council approval which may allow the Developer more than one (1) year to subdivide the Property into lots and blocks. If the final Plat is a phase of a multi-phased preliminary Plat, the City Council may refuse to approve final plats of subsequent phases or other Plats within the City if the Developer has breached this Agreement or any terms or conditions set out in the Resolution and the breach has not been remedied. In addition, no other subsequent phases may proceed until the City Council approves development agreements for such phases. Fees and charges collected by the City in connection with infrastructure, public improvements and parkland dedication requirements are not being imposed on outlots, if any, in the final Plat that are designated in an approved preliminary Plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and blocks. 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: Page 3 Plan A -- Final Plat as stamped approved by the City Engineer or his/her designee (Prepared by Pioneer Engineering 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 Inc.) Plan C -- Plans and Specifications for Developer Installed Public Improvements as stamped approved by the City Engineer or his/her designee (Prepared by Pioneer Engineering Inc.) Plan D -- Landscape Plan as stamped approved by the City Community Development Director or his/her designee (Prepared by Pioneer Engineering Inc.) 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 Code, the City's Public Works Design Manual (“PWDM”), and the direction of City Manager or his/her designee. All improvements and other work required by the Plans, the Developer Installed Public Improvements, and such other work as is required by this Agreement, the Resolution or the documents or 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 PUBLIC IMPROVEMENTS. A. The Developer shall install and pay for the public improvements identified in the Plans, hereinafter referred to as the “Developer Installed Public Improvements”, which may include but are not limited to: Sanitary Sewer System, Water System, Storm Sewer, Streets, Concrete Curb and Gutter, Street Lights, Site Grading and Ponding, Underground Utilities, Traffic Control Signs, Street Signs, Setting of Iron Monuments, Sidewalks, Trails, and Boardwalks, Landscaping and Wetland Buffer Signage. All Develoepr Installed Public Improvements shall be dedicated or conveyed to the public, and shall be located within public property, right-of-way, or easement dedicated to the public. B. Developer shall complete all Developer Installed Public Improvements and obtain the City Council’s written acceptance of the Developer Installed Public Improvements no later than December 31, Page 4 2022. The final wear course on streets shall be installed by October 31st of the same year the base layer of asphalt is installed. If the final wear course is not installed by the date required herein, no additional building permits shall be issued for the Property until the punch list is complete and the final wear course installed. All punch list items shall be completed before the final wear course is installed in order to allow for inspection. Any modifications to this section are to be proposed in writing and approved by the City Engineer C. Developer shall mark and label the GPS coordinates of the Developer Installed Public Improvements as the improvements are constructed. All of the following items must be marked and labeled and the data provided to the City in a form compatible with ArcGIS. · Watermain – bends, tees, valves, crosses, sleeves, services corps, curb stops, future stubs. · Sanitary sewer – manholes, service wyes, service stubs, cleanouts, future sanitary sewer stubs. · Storm Sewer – manholes, catchbasins, outlet structures, flared end sections, cleanouts, tile, valves. · Signs – all developer installed signs and type of sign. The City Council will not accept the Devleoper Installed Pubilc Improvements unless the GPS coordinates for all of the listed items are provided. If Developer fails to provide the required coordinates, Developer will be required to re-access the improvements, mark and label the GPS coordinates and then restore the improvements. D. As a condition of the City Council’s acceptance of the Developer Installed Public 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 Public Improvements and that the Developer Installed Public Improvements were built in accordance with this Agreement. E. Upon the City Council’s written acceptance, by City Council Resolution, of the Developer Installed Public Improvements, the Developer Installed Public Improvements shall automatically become property of the City without further notice or action. The Developer shall be responsible for all maintenance of the Developer Installed Public Improvements until written acceptance by the City Council. Page 5 F. 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 Public Improvement. G. Private Improvements. In addition to the Developer Installed Public Improvements, the Developer shall install and pay for the following private improvements ________________________________________, all as identified in the Plans and all of which shall be located on private property. The private improvements shall be installed, maintained, operated, repaired and replaced by the Developer until such time as those obligations are transferred to the owners of the appropriate lots or to a home owners association. The City shall have no obligations in relation to the private improvements. 5. PROJECT TESTING. The Developer is responsible, at the Developer’s sole cost, to provide testing to certify that Developer Installed Public 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 or his/her designee 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 Public 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 plans 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 house pads. The Developer shall also submit Page 6 a land tabulation certified by a registered engineer showing that all pads have been corrected in accordance with project specifications. B. The Developer shall submit the final Plat in electronic format. The electronic format shall be compatible with the City's current software. In addition, upon 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 Public Improvements against any defects, poor material and faulty workmanship for a period of two years after its completion by Developer and acceptance by the City Council. Any replacement work shall be so warranted for two years after its completion by Developer and acceptance by the City Council. Both the Developer Installed Public Improvement warranty period described in this paragraph and the landscape warranty period described in paragraph 20 below 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, the City Engineer or his/her designee’s requirements, and the individual building/grading plan for each specific lot, until the Page 7 later of: (i) such time as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) a certificate of occupancy has been issued for each specifc lot. 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. No building permits will be issued until the Developer has installed silt-fence behind the curb of all buildable lots. Developer shall be responsible for the maintenance of any silt fence installed. Upon request of the City Engineer or his/her designee, 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 or his/her designee. The City Engineer or his/her designee 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. 11. CONSTRUCTION ACCESS. Construction traffic access is restricted to 170th Street. No construction traffic is permitted on other adjacent local streets. Page 8 12. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS. 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 said improvements have been inspected and determined by the City Engineer or his/her designee to be available for use. C. Notwithstanding any other provision of this Agreement, the City will issue a building permit for up to two (2) model homes and a temporary parking lot upon Developer’s compliance with the following requirements: (1) approval of the building plans by the Building Official; (2) approval of a site survey for the model home(s) and parking lot(s) by the City Community Development Director, and (3) presence of a paved street within 300 feet of a model home and presence on said paved street of a fire hydrant within 300 feet of a model home and approval by the Fire Chief. 13. CONSTRUCTION OBSERVATION. The City’s authorized personnel or contractors shall provide construction observation during the installation of the Developer Installed Public Improvements in accordance with the PWDM. These services by the City shall include: A. Construction observation during installation of required Developer Installed Public Improvements, which include grading, sanitary sewer, water main, storm sewer/ponding and street system. B. Documentation of construction work and all testing of Developer Installed Public 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. Page 9 14. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS. A. Developer shall convey to the City, through dedication in the final Plat or a separate conveyance document, fee title or an easement (whichever is required by the City Attorney), all of the following: (i) the property encompassing all Developer Installed Public Improvements, (ii) property necessary for all public and private connections and access to all Developer Installed Public Improvements, (iii) property for streets, sidewalks, and trails identified in the Plans; (iv) any property for park dedication, and (v) all other property interests, conveyance of which is required by this Agreement. B. The City Council shall vacate ____ (list any vacation of easements, roads etc.) _________________. C. Developer shall obtain the written approval of the City Attorney and the City Engineer or his/her desingee of the form of the conveyance documents and the location of all easements or fee title conveyances required by this Agreement. D. 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 has marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated Property. Prior to final plat approval, Developer shall provide to the City a current title insurance 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 Page 10 owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. E. 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 release 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. DEPOSITS/ESCROWS. A. Deposit for Legal Fees. Developer shall be responsible for all reasonable legal fees incurred by the City relating to revisions and amendments to and enforcement of this Agreement. Developer shall make a cash deposit with the City for legal fees incurred by the City. If the cash deposit is exhausted, the City Engineer or his/her designee may require that Developer submit additional funds to replenish the cash deposit. Alternatively, the City Engineer or his/her designee may invoice the Developer direclty for such costs and Developer shall pay all such invoices within ten (10) days of receipt. City may cease all work and review of the Development Work until the invoice is paid and/or the cash deposit is replenished. Any balance remaining in the cash deposit after the expiration of the Warranty Period shall be returned to the Developer. B. Construction Observation Deposit. Developer shall be responsible for all construction observation costs incurred by the City relating to this Agreement. Developer shall make a cash deposit with the City for construction observation. If the cash deposit is exhausted, the City Engineer or his/her designee may require that Developer submit additional funds to replenish the cash deposit. Alternatively, the City Engineer or his/her designee may invoice the Developer directly for such costs and Developer Page 11 shall pay all such invoices within ten (10) days of receipt. City may cease all work and review of the Development Work until the invoice is paid and/or the cash deposit is replenished. Any balance remaining in the cash deposit after the City Council’s final acceptance of the Developer Installed Public Improvements shall be returned to the Developer. 16. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set forth in the City Fee Schedule and described in detail in Exhibit B prior to any work occurring on the Property. Fees and charges are nonrefundable. Such fees and charges 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 costs incurred. B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park dedication fees for the Property as required by City Code in effect as of the date of the plat approval. C. Tree Preservation and Replacement. D. Trunk Storm Water Acreage Charge. E. Trunk Water Acreage Charge. F. Trunk Sewer Acreage Charge. G. Street Light Operational Costs. H. Chip Seal Fee. 17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance of all platted lots on the Property, 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 Page 12 as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) until each specific lot is sold. 18. OVERSIZING. Oversizing is the construction of a Developer Installed Public Improvement to City specifications that exceeds those that would be required of the Developer in order to serve additional development. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage facilities, and road improvements. If the City Engineer or his/her designee determines that oversizing is required for sanitary sewer, water or storm drainage, the City shall reimburse the Developer for the costs associated with this work. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is based upon the following: a cost estimate by the City Engineer or his/her designee based on an engineer’s estimate or contractors bid to be provided by the Developer; and application of the City's Assessment Policy based on a final engineering design as described in Exhibit B. If the City Engineer or his/her designee determines that oversizing is required for road improvements, Developer shall install such oversize improvements at Developer’s cost. 19. LANDSCAPING (Single-Family Residential). In accordance with the City Subdivision Code, each residential lot on the Property must have at least two (2) front yard trees. The City shall not issue a building permit for a lot until two (2) front yard trees are planted or retained and a cash escrow or letter of credit for the lot in question’s landscaping is provided to the City. The City shall not issue a certificate of occupancy for a lot until the front yard, boulevard, and side yards to the rear of every structure have been sodded, weather permitting. If the required landscaping is not installed, the City is granted a right of entry to enter upon the lot and install the landscaping using the escrowed funds or letter of credit. Upon satisfactory completion of the landscaping on the lot, the escrowed funds less any draw made by the City, shall be returned to the person who deposited the funds with the City. 20. LANDSCAPING. Landscaping for the Property shall comply with Plan C. Developer shall warrant all required trees, whether the trees are to be retained or planted, for one (1) year from the later of: (i) Page 13 the planting of the tree; or (ii) the issuance of a certificate of occupancy to the lot upon which the tree is located. A tree replaced under this warranty shall be warranted an additional one (1) year 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 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 Engineer or his/her designee 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 Engineer or his/her designee. 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 Attorney and City Engineer or his/her designee (“Security”) in the following amounts: i. 125% of projected costs for the Developer Installed Public 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, and any other breakdown, is for establishing the amount of the Security not a restriction on the use of the Security. All Security held by the City may be used in any manner allowed by this Page 14 Agreement, to reimburse the City for any costs incurred related to this Agreement and the project, and/or to cure any breach of this Agreement. C. The Security shall be in the form attached hereto as Exhibit C or other form as approved by the City Attorney in writing and shall be from a bank approved by the City Attorney. The bank shall be authorized to do business in the State of Minnesota. The Security shall extend through completion, acceptance by the City Council and the Warranty Period of the Developer Installed Public Improvements. D. In the event that Developer fails to comply with the terms of this Agreement (“breach”), 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 Engineer or his/her designee 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. The City shall at all times throughout construction and the Warranty Period maintain a minimum $50,000 or 10% of the Development Work for which Security was required, whiciever is greater. Page 15 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 clean the streets every day or as required by the City Engineer or his/her designee. 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 Engineer or his/her designee. 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 Engineer or his/her designee. 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 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 Page 16 occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by the City Engineer or his/her designee. 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 his/her designee. 25. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify 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. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 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 Public 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, including but not limited to all real estate property taxes, utility Page 17 charges, and assessments with respect to the Property; (2) failure by the Developer to construct the Developer Installed Public 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 (for the purpose of this paragraph, the sale of a lot, except an outlot, to a builder is not an event of default); (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 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 insurance, bonds or 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, through the City Manager, City Engineer, City Community Deveopment Director, City Attorney or any of their designees, 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. Page 18 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 Developer 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. The City may suspend the release of any escrowed dollars. 6. The City may use deposit or 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. 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 City’s 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. Page 19 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 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 United States mail at the following address: D.R. Horton – Minnesota; 20860 Kenbridge Ct.; Lakeville, MN 55044. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by United States 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 Shana Conklin, Campbell Knutson P.A., Grand Oak Office Center I, 860 Blue Gentian Road, Suite 290, Eagan, MN 55121. 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. 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, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys’ fees, that the City incurs or suffers, Page 20 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. 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 Council’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, a policy of insurance with limits for bodily injury, death, and property damage of not less than $1,000,000.00 per occurence and $2,000,000.00 aggregate. The City, its elected and appointed officials, officers, employees, planners, engineers, attorneys, and agents shall be 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 or Registrar of Titles, as applicable 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. Page 21 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. 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 Code or State Statutes. The City shall not be responsible for any damage to, or loss of, signs removed. 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: subdivision ordinances, zoning ordinances, and environmental regulations. If the City Engineer or his/her designee or the City Attorney determines that the Plat or Developer is not in compliance, the the City Engineer or his/her designee or the City Attorney may, at his/her option, refuse to allow construction or Development Work on the Property until the Developer does comply. Upon such demand, the Developer shall cease work until there is compliance. B. Permits. The Developer shall obtain all necessary approvals, permits and licenses from the City, and any other regulatory agencies and the utility companies. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer. C. 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. Page 22 D. Amendments. There shall be no amendments to this Agreement unless in writing, signed by the parties and approved by resolution of the City Council. E. Waiver. Failure of the City to require performance of any provision of this Agreement shall not affect its right to require full performance of this Agreement at any time thereafter and the waiver by the City of a breach of any such provision shall not be a waiver of any subsequent breach and shall not nullify the effectiveness of such provision. F. Assignment. The Developer may not assign this Agreement without the prior written approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any part of it. G. 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. H. Successors and Assigns. 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. I. 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. J. No City Liability. Except for the intentional acts of the City or its employees and contractors, 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. Page 23 K. Exhibit A. 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. 36. PLANNED UNIT DEVELOPMENT. The Property is being developed as a Planned Unit Development. The City Council has found that the proposed development of the Property is in compliance with City Code Section 1106. The Property shall be developed in compliance with Resolution No.___________ dated ____________, and the plans approved by that Resolution. 37. PARK DEDICATION. Prior to release of the final Plat, Developer shall dedicate to City _______ for park purposes in accordance with the terms of paragraph 14. Page 24 CITY OF PRIOR LAKE By: ________________________________ _____________________, Mayor By: ________________________________ _____________________, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20__, by _____________________, Mayor, and by ____________________, 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 Page 25 D.R. Horton Inc. - Minnesota By: ________________________________ Its: ________________________________ STATE OF MINNESOTA ) (ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ____________, 20__, by _____________________________________ as _____________________________________________of D.R. Horton Inc. – Minnesota, a Delaware Corporation, on behalf of the coroporation. _____________________________________ NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372 Page 26 EXHIBIT A TO DEVELOPMENT AGREEMENT Page 27 EXHIBIT A TO DEVELOPMENT AGREEMENT Page 28 EXHIBIT B TO DEVELOPMENT AGREEMENT Deposit/Escrow Amt Per Total Construction Observation Deposit 8% of Public Improvements = $ 234,274.00 170th Street Trail (future construction) = $ 14,550.00 TOTAL Deposit/Escrow = $ 248,824.00 Fee Amt Per Total Administrative Fee 6% of Public Improvements = $ 165,705.00 Park Dedication Fee $ 3,750.00 X 41 Units = $ 153,750.00 Trunk Sanitary Sewer Acreage $ 4,700.00 X 16.169 Acres = $ 75,994.00 Trunk Water Acreage $ 3,840.00 X 16.169 Acres = $ 62,089.00 Trunk Storm Sewer Acreage $ 4,160.00 X 16.169 Acres = $ 67,263.00 Chip Seal Fee (Public Streets) $1.90 X 13,600 Sq Yds = $ 13,600.00 TOTAL Fee = $ 550,641.00 *$10,000 of administrative fee already paid with plat applications (Total Admin Fee is $ 175,705.00) Security Total Sanitary Sewer = $ 1,371,645.00 Water Main = $ 532,244.00 Storm Sewer = $ 440,773.00 Streets/Sidewalks/Trails = $ 1,108,625.00 Fish Point Street Construction = $ 92,097.00 Subtotal (rounded) = $ 3,545,384.00 TOTAL (125% of subtotal) = $ 4,431,730.00 Oversizing Calculation Total Trunk Sanitary Sewer = $ 347,739.00 Trunk Water Main = $ 177,129.00 Total Oversizing = $ 524,868.00 Fees/amounts due may be paid and/or credited against amounts owed. Page 29 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 entitled [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 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] From:Dave Young To:Amanda Schwabe Subject:Jeffers Pond Ninth Addition Extension Request Date:Monday, August 02, 2021 2:20:36 PM Attachments:image001.png ** SENT BY EXTERNAL SENDER Please make sure you trust the sender before responding, clicking links or opening attachments. ** Good Afternoon On April 6, 2020, the City Council approved the Final Plat, Development Agreement and related Exhibits for the Jeffers Pond Ninth Addition – Applewood Pointe of Prior Lake Senior Cooperative. Per the Development Agreement, United Properties was to record these documents on or before July 5, 2020. City Council has granted 3 previous extension requests. United Properties and the land owner remain committed to the success of this development and request an additional 180-day extension to record the Final Plat and related documents as we continue marketing the community. Thank You for your consideration Dave Young United Properties    Dave Young Development DirectorO  952.837.8667      C  612.282.7879 651 Nicollet Mall, Suite 450 | Minneapolis, MN 55402dave.young@uproperties.com     DRAFT CITY OF PRIOR LAKE, MN 2022 to 2026 STREET RECONSTRUCTION PLAN DRAFT AS OF AUGUST 16, 2021 City of Prior Lake 2022-2026 Street Reconstruction Plan Page 2 of 4 City of Prior Lake, MN 2022 to 2026 Street Reconstruction Plan I. Introduction The City of Prior Lake (the “City”) historically has conducted street maintenance and reconstruction as part of its annual operational budget or as part of a street improvement capital improvement project. The maintenance and reconstruction have included seal coating, mill and overlay, complete reconstruction, and other such items incidental to the maintenance of city streets. The City finds that it does not always have the resources for reconstructing streets as quickly as required, due to increased need for major reconstruction projects. Due to this fact, the City has in the past and plans to in the future finance a portion of its street reconstruction through the issuance of General Obligation Street Reconstruction Bonds. II. Statutory Authority and Requirements Minnesota Statutes, Section 475.58, Subdivision 3b (the “Act”) authorizes Minnesota cities to adopt a Street Reconstruction Plan. The Plan must cover at least a five-year period and set forth the streets to be reconstructed, the estimated costs, and any planned reconstruction of other streets in the municipality over the next five years. Street Reconstruction Bonds can be used to finance the reconstruction and bituminous overlay of existing city streets. Eligible improvements may include turn lanes, bicycle lanes, sidewalks, paths, and other improvements having a substantial public safety function, realignments, other modifications to intersect with state and county roads, and the local share of state and county road projects. Except in the case of turn lanes, bicycle lanes, sidewalks, paths, and other safety improvements, realignments, intersection modifications, and the local share of state and county road projects, street reconstruction does not include the portion of project cost allocable to widening a street or adding curbs and gutters where none previously existed. Street Reconstruction Bonds are subject to the debt limit. The Act sets forth specific requirements for the issuance of Street Reconstruction Bonds, which are as follows: • The projects financed under this authority must be described in a street reconstruction plan, as described above. • The city must publish notice of and hold a public hearing on the proposed plan and the related issuance of bonds. The notice must be published at least ten days but not more than 28 days prior to the hearing date. • The Plan must be approved by a vote of a two-thirds majority of the members of the governing body present at the meeting following a public hearing. City of Prior Lake 2022-2026 Street Reconstruction Plan Page 3 of 4 • The issuance of bonds is subject to a reverse referendum. An election is required if voters equal to 5% of the votes cast in the last municipal general election file a petition with the city clerk within 30 days of the public hearing. If the city decides not to undertake an election, it may not propose the issuance of Street Reconstruction Bonds for the same purpose and in the same amount for a period of 365 days from the date of receipt of the petition. If the question of issuing the bonds is submitted and not approved by the voters, the provisions of section 475.58, subdivision 1a, shall apply (no resubmission for same purpose/amount for 180 days). III. History and Existing Street Reconstruction Bonds At the time of the approval of the Plan, the following Street Reconstruction (issued under Chapter 475) were outstanding: IV. Net Debt Limits Minnesota Statutes Section 475.53, Subd. 1 states that no municipality, except a school district or a city of the first class, shall incur or be subject to a net debt in excess of three percent of the market value of taxable property in the municipality. Bonds issued under the authority granted by this Street Reconstruction Plan are subject to the net debt limit restriction described above. The net debt capacity for the City at time of approval of the Original Plan is shown below under Statutory Debt Limit. Statutory Debt Limit Minnesota Statutes, Section 475.53 states that a city or county may not incur or be subject to a net debt in excess of three percent (3%) of its estimated market value. Net debt is, with limited exceptions, debt paid solely from ad valorem taxes. Bond Issue Amount Outstanding $3,240,000 G.O. Bonds, Series 2011A $ 55,000 $3,240,000 G.O. Bonds, Series 2013A 150,000 $2,490,000 G.O. Taxable Bonds, Series 2015B 715,000 $3,505,000 G.O. Bonds, Series 2016A 215,000 $8,270,000 G.O. Bonds, Series 2018A 1,095,000 $2,065,000 G.O. Bonds, Series 2019A 1,365,000 $5,760,000 G.O. Bonds, Series 2021A 2,400,000 Total Outstanding Street Reconstruction Bonds $ 5,995,000 City of Prior Lake 2022-2026 Street Reconstruction Plan Page 4 of 4 At time of approval of the proposed Plan the City’s Statutory Debt Limit is as follows: Computation of Legal Debt Margin as of June 2, 2021: 2020/2021 Estimated Market Value $ 4,190,057,200 Multiplied by 3% x .03 Statutory Debt Limit $ 125,701,716 Outstanding debt applicable to debt limit: $3,240,000 G.O. Bonds, Series 2011A $ 55,000 $3,240,000 G.O. Bonds, Series 2013A 150,000 $2,490,000 Taxable G.O. Bonds, Series 2015B 715,000 $3,630,000 G.O. Bonds, Series 2016A 395,000 $4,505,000 G.O. Bonds, Series 2017A 220,000 $8,720,000 G.O. Bonds, Series 2018A 2,010,000 $2,065,000 G.O. Bonds, Series 2019A 1,565,000 $5,760,000 G.O. Bonds, Series 2021A 5,390,000 $5,870,000 G.O. Bonds, Series 2021B 5,870,000 Less outstanding debt applicable to debt limit: $ 16,370,000 Legal debt margin $ 109,331,716 The Plan provides for the issuance of a not to exceed amount of $15,990,000 in General Obligation Street Reconstruction Bonds between January 1, 2022 and December 31, 2026. This amount includes estimated cost of issuance of bonds, capitalized interest and rounding. The proposed bond issuance is within the current City’s Legal Debt Margin, as of the date of adoption of the Plan. V. Proposed Street Reconstruction and Cost Estimate The Plan is detailed in Table A. The City reserves the right to adjust the amount of annual spending between years provided the overall not to exceed amount in the Plan is not increased. CITY OF PRIOR LAKE 2022-2026 STREET RECONSTRUCTION PLAN AMOUNTS January 1, 2022 through December 31, 2022 Downtown South Reconstruction 2,320,000$ CSAH 21 (CH87 to 170th St)1,060,000$ TOTAL 2022 3,380,000$ January 1, 2023 through December 31, 2023 Fish Point Road Reconstruction (Phase II) 510,000$ TOTAL 2023 510,000$ January 1, 2024 through December 31, 2024 The Wilds/Jeffers Developments Mill and Overlay 6,620,000$ TOTAL 2024 6,620,000$ January 1, 2025 through December 31, 2025 Wilds Parkway Reclamation 4,710,000$ TOTAL 2025 4,710,000$ January 1, 2026 through December 31, 2026 $0 GRAND TOTAL (1/1/2022 THROUGH 12/31/2026)15,220,000 Bond Issuance Costs, Capitalized Interest, and Rounding $770,000 GRAND TOTAL $15,990,000 TABLE A Capital Improvement Program 2022 - 2026 DRAFT 4646 Dakota Street SE Prior Lake, MN 55372 Date: August 16, 2021 To: Mayor Briggs, Council Members and Residents of Prior Lake From: Jason Wedel, City Manager Subject: 2022-2026 Capital Improvement Program The City plans for capital maintenance and improvements by preparing a five-year capital improvement program (often referred to as the CIP). The CIP represents a framework for planning, constructing and maintaining the community’s infrastructure including streets, trails, parks, equipment, water, sewer, and public buildings. Prior Lake’s five-year Capital Improvement Program supports the City’s goals as identified by the City Council and discussed during the annual budget process. The CIP is updated, evaluated and approved each year by the City Council as projects are completed and priorities change. The purpose of the CIP is to assure that funds are available when projects are required to meet community needs. The CIP is an important tool to maintain and provide consistent investment in City equipment, facilities, and infrastructure and an important element of responsible fiscal management. . DRAFT www.cityofpriorlake.com /CityofPriorLake 2040 VISION AND STRATEGIC PLAN Prior Lake is a vibrant and welcoming life-long community, offering a high-quality of life and small-town feel. Establish financial stability for all funds. Design a comprehensive funding strategy for capital needs. Ensure sufficient resources and staffing to meet service demands. Attract, retain and train a high caliber workforce to ensure high-quality services. Grow collaborations to provide efficient and cost-effective services to the community. Seek community engagement through a variety of communication methods to reach all residents. 1 2 3 4 5 6 1 2 3 4 5 GOAL: PUBLIC SAFETY Objectives: Strengthen collaboration between police and local communities to reduce crime and increase trust. Enhance partnerships with community and public safety entities. Promote traffic safety through education, enforcement and engineering. Ensure a safe and quality built environment. Address threats to community standards through code enforcement. GOAL: HIGH-VALUE CITY SERVICES Objectives:DRAFT GOAL: DESIRABLE & SUSTAINABLE DEVELOPMENT Objectives: 4646 Dakota St. SE Prior Lake, MN 55372-1714 (952) 447-9800 Intentional land use planning that facilitates commercial development for an expanded taxbase. Preserve and enhance Prior Lake’s small-town feel. Explore ways to encourage downtown as a vibrant destination. Encourage development and preservation of quality life-cycle residential housing options. Create appealing public spaces and transportation corridors to bring people together and foster a sense of place. 1 2 3 4 5 GOAL: TRANSPORTATION & MOBILITY Objectives: Maintain quality local street system based on a financially stable plan that meets Overall Condition Index targets. Promote neighborhood connectivity and safety through development and street reconstruction projects. Integrate trails to link neighborhoods with city and regional assets. Support complete street designs that ensure pedestrian mobility and multi-modal transportation options. Focus on key corridors that take advantage of collaboration with state and county projects. 1 2 3 4 5 GOAL: ENVIRONMENTAL STEWARDSHIP & RECREATION Objectives: Provide clean and safe drinking water for the community and protect drinking water sources. Protect and enhance the quality of Prior Lake’s surface waters. Develop recreation opportunities and park amenities for all stages of life and interests. Provide public spaces and amenities that attract the community to our natural environment. Employ emerging technologies to preserve and protect our natural resources. 1 2 3 4 5 Adopted on August 6, 2018DRAFT 2022-2026 CAPITAL IMPROVEMENT PROGRAM Adopted August 16, 2021 by the PRIOR LAKE CITY COUNCIL Term Expires Mayor Kirt Briggs December 31, 2024 Councilmember Zach Braid December 31, 2024 Councilmember Kevin Burkart December 31, 2024 Councilmember Annette Thompson December 31, 2022 Councilmember Kim Churchill December 31, 2022 STAFF City Manager Jason Wedel Assistant City Manager Lori Olson Finance Cathy Erickson City Engineer/Public Works Andy Brotzler Police Chief Steve Frazer Fire Chief Rick Steinhaus Community Development Casey McCabe DRAFT TABLE OF CONTENTS (Pg 1 of 2) 1. Department Summary  This table summarizes total project costs each year by department. 2. Funding Source Summary  This table summarizes the impact of the projects identified in the CIP on each of the funding sources. 3. Projects by Department and Category  This table categorizes each of the projects by department. 4. Projects by Funding Source  This table summarizes each funding source with the corresponding projects. 5. Transportation Plan (2022-2026)  Projects & Funding Sources by Department - This table provides a five-year summary of street overlay and improvement projects and funding sources.  Projects & Funding Sources by Department – This table provides the five- year detail of street overlay and improvement projects and funding sources by project.  Permanent Improvement Revolving Fund Sources and Uses of Funds – This table provides a five-year projection of revenues, expenditures, and fund balance.  The Transportation Plan Map identifies the proposed CIP projects.  The Street Reconstruction Plan (8/16/21) identifies the projects that could potentially be funded by street reconstruction bonds 6. Equipment Replacement Plan (2022-2026)  Projects by Department and Category – This table provides the five-year detail of equipment replacement by department.  Revolving Equipment Fund Sources and Uses of Funds – This table provides a five-year projection of revenues, expenditures, and fund balance. 7. Park Plan (2022-2026)  Projects by Department and Category – This table provides the five-year detail of park development and replacement projects.  Capital Park Fund Sources and Uses of Funds – This table provides a five- year projection of revenues, expenditures, and fund balance.  Revolving Park Equipment Fund Sources and Uses of Funds – This table provides a five-year projection of revenues, expenditures, and fund balance.  Revolving Park Equipment Fund Projects by Department and Category – Unfunded – This table provides a five-year projection of projects funded by reserves. 8. Facilities Management Plan (2022-2026)  Projects by Department and Category – This table provides the five-year detail of facility improvement projects.  Facilities Management Fund Sources and Uses of Funds – This table provides a five-year projection of revenues, expenditures, and fund balance.  The Capital Improvement Plan (adopted 8/16/21) identifies the projects that could potentially be funded by capital improvement plan bonds. DRAFT TABLE OF CONTENTS (Pg 2 of 2) 9. Technology Plan (2022-2026)  Projects by Department and Category – This table provides the five-year detail of technology equipment and infrastructure. 10. Enterprise Funds  These tables provide a summary of uses and sources of funds for Water, Sewer and Storm Water. 11. Debt Analysis & Tax Impact DRAFT 2022-2026 CAPITAL IMPROVEMENT PROGRAM One of the goals of the city’s 2040 Vision and Strategic Plan is “High-Value City Services.” This goal contains objectives for financial stability and a comprehensive funding strategy to ensure sufficient resources. The CIP is a primary tool for meeting these objectives and providing a sound strategy for our capital needs. The Prior Lake Capital Improvement Program (CIP) addresses this goal by focusing on long-term planning for the expansion, replacement and/or maintenance of capital assets. Capital assets refer to infrastructure (water, sewer, storm water, and streets), vehicles and equipment, park equipment, facilities, and technology software and hardware. The CIP is reviewed on an annual basis to identify the need for expansion, replacement and/or maintenance; the timeframe to complete the project; and the appropriate funding source. The final document reflects the specific goals, policies and priorities of the City Council and the 2040 Vision and Strategic Plan. It is important to note that the CIP is a planning document and contains estimates for the project and equipment costs. Prior to the implementation of any individual improvement project, staff must prepare a feasibility study, conduct a public hearing, request bids for the construction costs, and obtain approval for all phases of the project from the City Council. The CIP also includes the following long-term plans: Pavement Management Plan (Transportation and Street Overlay), Equipment Replacement Plan, Park Equipment Replacement Plan, Technology Plan, Facilities Management Plan and plans for each of the three enterprise funds including Water, Sewer, and Storm Water. A five (5) year Transportation Plan has been developed in an effort to coordinate city and county improvements that require a cooperative funding agreement between our two jurisdictions. In previous documents, a summary was provided that identified the street reconstruction projects. This year the document includes the full text version of the Street Reconstruction Plan to provide readers with a better understanding of the proposed projects and associated costs. The Street Overlay Plan identifies the City’s annual street overlay costs. The plan reflects one mile of street overlay annually. We anticipate that the City will bond for the special assessment portion of the cost and fund the remainder with prepayments of special assessments collected from prior year(s) improvements and an annual tax levy. The fund will be reviewed annually, to monitor cash flow and determine the tax levy needed. The Equipment Replacement Plan serves to identify the City’s equipment needs on a long-term basis and to provide a regular replacement schedule. The equipment purchases for the Fire, Police and Public Works departments are processed through a revolving equipment fund. Equipment purchases that are typically less than $5,000 are incorporated into the annual operating budgets for the specific departments. DRAFT The Park Plan – identifies the new park capital improvements and the equipment replacement demands for neighborhood parks. The Facilities Management Plan identifies major repairs or improvements to all City-owned buildings over the next five (5) years. The Technology Plan identifies the hardware and major software needs for each department and establishes a regular replacement schedule for over the next five (5) years. The Enterprise Funds plans (Water, Sewer and Storm Water) identify the amount of capital necessary for infrastructure replacements and improvements over the next five (5) years. DRAFT Capital Improvement Program City of Prior Lake, Minnesota DEPARTMENT SUMMARY 2022 2026thru Total20222023202420252026Department Building Inspection 29,00029,000 Cable 76,45024,050 52,400 Central Garage 100,00020,000 20,000 20,000 20,000 20,000 Facilities 4,167,600453,000 207,000 1,216,600 247,500 2,043,500 Fire 827,500188,000 266,000 277,000 47,000 49,500 Parks 1,511,600349,500 397,000 592,000 69,100 104,000 Parks: Projects 3,042,500108,000 938,000 184,500 1,632,000 180,000 Police 1,361,750298,900 263,050 224,900 307,450 267,450 Streets 1,122,40065,000 89,600 103,800 569,000 295,000 Streets: Overlay 5,015,000885,000 1,180,000 1,475,000 1,475,000 Streets: Transportation 31,482,0009,524,000 6,458,000 5,000,000 5,000,000 5,500,000 Technology 216,20079,600 44,500 20,100 72,000 Utility: Sewer Fund 3,127,730455,200 625,500 619,500 772,000 655,530 Utility: Storm Water Fund 1,783,000330,000 380,000 413,000 330,000 330,000 Utility: Water Fund 859,700251,000 246,700 115,500 176,500 70,000 12,042,600 10,884,450 9,991,300 10,689,700 11,114,380 54,722,430TOTAL August 16, 2021Page 1.1Produced Using the Plan-It Capital Planning SoftwareDRAFT Capital Improvement Program City of Prior Lake, Minnesota FUNDING SOURCE SUMMARY 2022 thru 2026 TotalSource20222023202420252026 Cable Franchise Fund (F210)76,45024,050 52,400 Capital Park Fund (F225)650,000325,000 325,000 City MSA Funds 1,540,0001,000,000 540,000 County 1,156,0001,156,000 Developer - Upfront Costs 150,000150,000 Facilities Management Fund (F440)1,567,600453,000 207,000 616,600 247,500 43,500 G.O. Capital Improvement Bonds 2,600,000600,000 2,000,000 G.O. SA Bonds - Overlay Assessment 803,000142,000 189,000 236,000 236,000 G.O. SA Bonds - Project Assessment 3,592,0001,634,000 408,000 500,000 500,000 550,000 G.O. SA Bonds - Project Levy 10,450,0001,100,000 50,000 3,000,000 3,000,000 3,300,000 G.O. SA Bonds - Project MSA 6,245,0001,665,000 4,580,000 General Fund (F101)210,20079,600 38,500 20,100 72,000 Perm. Imp. Revolving Fund (F450)4,212,0000743,000 991,000 1,239,000 1,239,000 Revolving Equip. Fund (F410)4,688,000921,400 1,064,650 1,217,700 748,300 735,950 Revolving Park Equip. Fund (F430)2,392,500108,000 613,000 184,500 1,307,000 180,000 Street Oversize Fund (F503)1,250,0001,250,000 Utility: Sewer Fund (F604)5,684,2301,086,200 885,500 1,117,500 1,395,000 1,200,030 Utility: Storm Water Fund (F602)2,604,250593,000 380,000 563,000 573,250 495,000 Utility: Water Fund (F601)4,851,200926,000 866,700 973,500 1,074,500 1,010,500 12,042,600 10,884,450 9,991,300 10,689,700 11,114,380 54,722,430GRAND TOTAL August 16, 2021Page 2Produced Using the Plan-It Capital Planning Software City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 PROJECTS BY DEPARTMENT AND CATEGORY Total20222023202420252026 Department Category Building Inspection Equipment: Pick Ups/Vans 29,000 29,000TRUCK-1/2 TON 6397 29,000 29,000Sub-Total 29,000 29,000Department Total: Cable Equipment: Audio/Visual 11,650 11,650Tightrope FlexLite 340 - Control Room COMM-001 12,400 12,400Webstreaming - Control Room COMM-002 52,400 52,400Chambers Presentation - Chambers COMM-003 24,050 52,400 76,450Sub-Total 24,050 52,400 76,450Department Total: Central Garage Equipment: Miscellaneous 20,000 20,000 20,000 20,000 20,000 100,000RefurbishingREFUR 20,000 20,000 20,000 20,000 20,000 100,000Sub-Total 20,000 20,000 20,000 20,000 20,000 100,000Department Total: Facilities Facil: City Hall 35,500 35,500Wall Coverings 440-008 255,500 255,500Membrane Roofing 440-017 393,000 393,000Vav Boxes 440-032 12,000 12,000Glass Doors 440-034 16,500 16,500Coiling Doors 440-037 281,000 281,000Carpet440-038 28,000 28,000Irrigation System 440-081 25,000 25,000Brick Wallcovering / Cherrywood Paneling 440-088 23,000 23,000Resiliant Flooring 440-089 17,000 17,000Tile Walls 440-090 66,000 66,000Bell and Gosset Pumps (2)440-091 23,500 23,500Cabinet Unit Heater 440-092 14,000 14,000Greenheck Exhaust (2)440-093 145,500 145,500Air Handler (2)440-094 171,500 171,500Chiller440-095 6,500 6,500Miscellaneous440-096 63,500 255,500 1,194,500 1,513,500Sub-Total Facil: Fire Station #1 August 16, 2021Page 3.1Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category 15,500 15,500Irrigation System 440-011 21,500 21,500Wall Coverings 440-018 10,000 10,000Turnout Lockers 440-019 7,500 7,500Glass Doors 440-020 14,500 14,500Tile Walls 440-021 15,500 15,500Exhaust Fan 440-022 8,100 8,100Damper440-023 147,500 147,500Rooftop Unit 440-031 100,000 100,000Generator Enclosure 440-079 100,000 100,000Duty Crew Renovation 440-080 66,000 66,000Windows - Aluminum 440-084 9,500 9,500Room Divider / Display Case 440-085 200,000 15,500 152,600 147,500 515,600Sub-Total Facil: Fire Station #2 30,000 30,000Carpet440-012 25,000 25,000Infrared Tube Heater 440-013 30,000 30,000Forced Air Furnace (3)440-024 112,000 112,000Membrane Roofing 440-039 30,000 30,000AC Unit (3)440-086 55,000 60,000 112,000 227,000Sub-Total Facil: Library & Club Prior 17,500 17,500Vav Boxes 440-025 300,000 300,000Parking Lots 440-026 317,500 317,500Sub-Total Facil: Maintenance Ctr. 40,500 40,500Auto Gate 440-027 80,500 80,500Overhead Crane 440-028 51,500 51,500Windows - Aluminum 440-041 7,500 7,500Room Divider 440-042 154,000 154,000Hoists (In-Ground and Utility)440-043 6,000 6,000Wood Fence 440-077 80,000 80,000Salt Building Membrane Roofing 440-078 28,500 28,500Skylights (3)440-116 24,000 24,000Miscellaneous440-117 43,500 43,500Steel Doors and Frames 440-118 86,000 121,000 309,000 516,000Sub-Total Facil: Police Station 50,000 50,000Wall Coverings 440-009 117,000 117,000Carpet440-010 310,000 310,000Membrane Roofing 440-029 8,000 8,000Overhead Coiling Door (2)440-047 13,000 13,000Irrigation System 440-082 60,000 60,000Overhead Folding Door 10x14 440-083 100,000 100,000Parking / Safety Enhancements 440-087 40,000 40,000Front Entry Security Update 440-101 19,000 19,000Bell and Gosset Pump 440-102 14,000 14,000Greenheck Exhaust (2)440-103 79,000 79,000Air Handler - McQuay 440-104 60,000 60,000AC Condenser 440-105 August 16, 2021Page 3.2Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category 208,000 208,000VAV Boxes 440-106 167,000 73,000 310,000 100,000 428,000 1,078,000Sub-Total 453,000 207,000 1,216,600 247,500 2,043,500 4,167,600Department Total: Fire Equipment: Apparatus 175,000 175,000Fire - Heavy Rescue 9215 150,000 150,000Fire Truck Heavy Rescue (Refurbish)9216 175,000 150,000 325,000Sub-Total Equipment: First Response 49,500 49,500Squad Fire (Chief)9200 45,000 45,0001/2 Ton Crew Cab 9201 37,000 37,000Squad Pick-Up 1/2 Ton 9202 36,000 36,000Squad Pick-Up 1/2 Ton 9203 45,000 36,000 37,000 49,500 167,500Sub-Total Equipment: Grass Rigs 90,000 90,0002001 F-350 1 Ton Truck 9271 90,000 90,000Fire Truck 1 Ton 9272 90,000 90,000 180,000Sub-Total Equipment: Other 47,000 47,000UTV9275 53,000 55,000 108,000Fire Radios FD-RADIOS 53,000 55,000 47,000 155,000Sub-Total 188,000 266,000 277,000 47,000 49,500 827,500Department Total: Parks Equipment: Attachments 2,500 2,500SKID STEER SNOW BUCKET 8256 3,000 3,000SKID STEER SNOW BUCKET 8257 1,600 1,600SKID STEER U-BLADE 8260 18,500 18,500DISC8266 9,500 9,500TILLER8268 18,500 18,500TOP DRESSER 8273 9,500 41,100 3,000 53,600Sub-Total Equipment: Dump Trucks 66,000 66,000Truck-1 Ton Dump 8546 62,500 62,500Truck-1 Ton Dump 8547 62,500 66,000 128,500Sub-Total Equipment: Loaders/Skid Steers 70,000 70,000SKID STEER 8501 70,000 70,000Sub-Total Equipment: Pick Ups/Vans 31,000 31,000TRUCK-1 TON 8540 38,000 38,0002011 TRUCK-1/4 TON 8542 48,000 48,000TRUCK-1 TON 8543 47,000 47,000TRUCK-1 TON 8544 60,500 60,500TRUCK-1 TON 8545 August 16, 2021Page 3.3Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category 68,500 68,500TRUCK-1 TON 8548 185,000 185,000TRUCK-BOOM 8549 270,000 108,500 99,500 478,000Sub-Total Equipment: Street/Sidewalk 155,500 155,500SIDEWALK MACHINE 8506 155,500 155,500Sub-Total Equipment: Trailers 7,500 7,500TRAILER8533 7,500 7,500Sub-Total Equipment: Tree Care 60,000 60,000WOODCHIPPER8510 60,000 60,000Sub-Total Equipment: Turf Care 120,000 120,000MOVER-16FT 8503 122,000 122,000TRACTOR8507 4,500 4,500MOWER WALK BEHIND 8511 6,000 6,000SOD CUTTER 8512 38,500 38,500MOWER-6FT 8524 43,000 43,000MOWER-6FT 8525 43,000 43,000MOWER-6FT 8526 19,500 19,500UTILITY VEH-STRIPER 8535 28,000 28,000UTILITY VEH-FIELD GROOMER 8537 29,000 29,000UTILITY VEHICLE 8539 30,000 30,000Mower - 6 FT 85X1 75,000 75,000Toolcat w/Mower 85X3 133,000 362,500 28,000 35,000 558,500Sub-Total 349,500 397,000 592,000 69,100 104,000 1,511,600Department Total: Parks: Projects New Park Development 325,000 325,000 650,000Future Neighborhood Park Development 225-001 325,000 325,000 650,000Sub-Total Park Replacement 15,000 15,000Boudins BB Court Maintenance 430-006 18,000 18,000Oakland BB Court Maintenance 430-007 15,000 15,000Wilds BB Court Maintenance 430-010 15,000 15,000Willows BB Court Maintenance 430-011 15,000 15,000Crystal Lake Aerator 430-023 6,000 6,000Memorial Windscreen 430-025 80,000 80,000Northwood Playground 430-026 7,000 7,000Sand Point BB Court surface, hoop/stand 430-027 330,000 330,000Ponds Lighting 430-028 10,000 10,000Sand Point Ballfield 430-029 50,000 50,000Sand Point Beach Renovation Study 430-030 80,000 80,000Willows Playground 430-032 80,000 80,000Woodridge Playground 430-033 80,000 80,000Cardinal Ridge Playground 430-034 82,000 82,000Oakland Beach Playground 430-035 August 16, 2021Page 3.4Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category 15,000 15,000Ryan BB Court Surface, Hoop/Stand 430-036 7,500 7,500Timbercrest BB Court Surface, Hoop/Stand 430-037 82,000 82,000Knob Hill Playground 430-038 250,000 250,000Memorial Parking Lots (2)430-039 75,000 75,000Ponds Dugouts 430-040 100,000 100,000Ponds Playground 430-042 45,000 45,000Cardinal Ridge Parking Lot 430-044 5,000 5,000Grainwood Crossing Parking Lot 430-045 100,000 100,000Memorial Playground 430-046 15,000 15,000Northwood Meadows BB Court Surface 430-047 15,000 15,000Wilds North BB Court Surface, Hoop/Stand 430-048 800,000 800,000Wilds Parkway Trail 430-068 Trail Maintenance TRAILS 108,000 613,000 184,500 1,307,000 180,000 2,392,500Sub-Total 108,000 938,000 184,500 1,632,000 180,000 3,042,500Department Total: Police Equipment: Emerg. Sirens 8,650 8,6501990 Siren@15079 Manitou Rd. NE PD-Siren02 8,650 8,6501990 Siren@5569 Cedarwood St. NE PD-Siren03 10,800 10,8001996 Siren@3765 Willowwood St SW PD-Siren04 10,800 10,8001996 Siren@13701 Pike Lake Trl NE PD-Siren07 10,800 10,8001996 Siren@13760 McKenna Rd NW PD-Siren08 10,800 10,8001997 Siren@16730 Northwood Rd NW PD-Siren09 19,450 19,4501998 Siren@14649 Glendale Ave SE PD-Siren10 19,450 19,4502003 Siren@16280 Duluth Ave SE PD-Siren11 19,450 19,4502004 Siren@5634 Luther Rd SE PD-Siren12 19,450 19,4502005 Siren@14998 Wilds Pkwy NW PD-Siren13 19,450 19,4502006 Siren@1546 Belmont Ave NW PD-Siren14 38,900 41,050 38,900 19,450 19,450 157,750Sub-Total Equipment: Squads 40,000 40,0002012-Lincoln MKZ (1212)7131 50,000 50,000Investigator Car (1516)7135 40,000 40,000Drug Task Force Car (1815)7298 182,000 198,000 380,000Squads-Marked Multiple 1 186,000 186,000Squads-Marked Multiple 2 220,000 288,000 508,000Squads-Marked Multiple 3 260,000 222,000 186,000 288,000 248,000 1,204,000Sub-Total 298,900 263,050 224,900 307,450 267,450 1,361,750Department Total: Streets Equipment: Attachments 1,000 1,000SKID STEER TRAILER MOVER 8254 21,000 21,000SKID STEER ASPHALT MILL 8258 34,500 34,5002003 DIRECTIONAL SAFETY SIGN 8426 34,500 21,000 1,000 56,500Sub-Total Equipment: Dump Trucks 125,000 125,000 Truck - 1.5 Ton - Dump New 8XX5 August 16, 2021Page 3.5Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category 125,000 125,000Sub-Total Equipment: Emergency Power 65,000 65,000Generators - Facility FS1 GEN-FS1 55,000 55,000Generator - PD GEN-PD 65,000 55,000 120,000Sub-Total Equipment: Loaders/Skid Steers 79,500 79,500SKID STEER 8781 177,000 177,000LOADER-BACKHOE 8785 228,500 228,500LOADER WHEEL 8789 256,500 228,500 485,000Sub-Total Equipment: Pick Ups/Vans 42,500 42,500TRUCK-1 TON 8457 54,000 54,000Pickup 1 Ton 8X10 42,500 54,000 96,500Sub-Total Equipment: Street/Sidewalk 186,500 186,500STREET SWEEPER-MECHANICAL 8472 28,800 28,800ASPHALT ROLLER 8474 28,800 186,500 215,300Sub-Total Equipment: Trailers 11,500 11,500TRAILER8479 12,600 12,600TRAILER8480 12,600 11,500 24,100Sub-Total 65,000 89,600 103,800 569,000 295,000 1,122,400Department Total: Streets: Overlay Streets: Street Overlay Mill and Overlay PIR22-000001 885,000 885,000Mill and Overlay PIR23-000001 1,180,000 1,180,000Mill and Overlay PIR24-000001 1,475,000 1,475,000Mill and Overlay PIR25-000001 1,475,000 1,475,000Mill and Overlay PIR26-000001 885,000 1,180,000 1,475,000 1,475,000 5,015,000Sub-Total 885,000 1,180,000 1,475,000 1,475,000 5,015,000Department Total: Streets: Transportation Streets: City Jurisdiction 6,158,000 6,158,000Downtown South Reconstruction TRN20-000002 6,458,000 6,458,000Fish Point Road Phase II TRN22-000001 5,000,000 5,000,000Street Reconstruction TRN23-000001 5,000,000 5,000,000Street Reconstruction TRN24-000001 5,500,000 5,500,000Street Reconstruction TRN25-000001 6,158,000 6,458,000 5,000,000 5,000,000 5,500,000 28,116,000Sub-Total Streets: Partnership 3,366,000 3,366,000CSAH 21 (Revere to 170th St)TRN22-000002 3,366,000 3,366,000Sub-Total 9,524,000 6,458,000 5,000,000 5,000,000 5,500,000 31,482,000Department Total: August 16, 2021Page 3.6Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category Technology I.T.- General Equipment 36,000 36,000Poll Pads - qty 28 ELEC-001 18,000 18,000Tabulators - qty 2 ELEC-002 5,500 5,500Epson Projector - Parkview TECH-EQ-002 10,600 10,600Ricoh MP C4503 - CD/Eng TECH-EQ-003 6,000 6,000NVR Milestone Husky M20 TECH-EQ-004 10,600 10,600Ricoh MP C4504 - Admin TECH-EQ-005 9,000 9,000Ricoh MP C3003 - PW TECH-EQ-006 9,500 9,500Ricoh MP C3504 - Police TECH-EQ-007 6,000 6,000Ricoh MP C2504 TECH-EQ-008 9,000 9,000HP DesignJet T1500 - CD/Eng TECH-EQ-009 18,000 18,000Ricoh W3601 Copier - CD/Eng TECH-EQ-010 79,600 32,500 20,100 6,000 138,200Sub-Total I.T.- Network Infrastructure 12,000 12,000Network Switch TECH-NW-005 15,000 15,000HP Proliant DL380 ESX01 TECH-NW-006 15,000 15,000HP Proliant DL380 ESX02 TECH-NW-007 36,000 36,000Dell SAN TECH-NW-008 12,000 66,000 78,000Sub-Total 79,600 44,500 20,100 72,000 216,200Department Total: Utility: Sewer Fund Equipment: Emergency Power 69,500 69,500GENERATORS-TOWABLE 8742 51,000 51,000GENERATORS-TOWABLE 8776 90,000 90,000GENERATORS-TOWABLE 8777 69,500 90,000 51,000 210,500Sub-Total I.T.- General Equipment 8,700 10,000 18,700Technology Plan 604-3 8,700 10,000 18,700Sub-Total I.T.- Software 12,500 12,500Software Upgrade 604-5 12,500 12,500Sub-Total Wastewater 165,000 394,000 424,000 454,500 454,530 1,892,030Sewer Lining and I&I Program 604-1 57,000 59,000 60,500 62,500 239,000Sewer System Equipment Replacement 604-2 155,000 172,500 135,000 142,500 150,000 755,000Lift Station Rehabilitation 604-4 377,000 625,500 619,500 659,500 604,530 2,886,030Sub-Total 455,200 625,500 619,500 772,000 655,530 3,127,730Department Total: Utility: Storm Water Fund Storm Sewer/Drainage 30,000 280,000 113,000 230,000 30,000 683,000LSWMP Implementation Plan 602-2 300,000 100,000 300,000 100,000 300,000 1,100,000Stormwater Pond Maintenance 602-3 330,000 380,000 413,000 330,000 330,000 1,783,000Sub-Total August 16, 2021Page 3.7Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category 330,000 380,000 413,000 330,000 330,000 1,783,000Department Total: Utility: Water Fund Equipment: Pick Ups/Vans 162,000 162,000TRUCK-1.5TON-DUMP 8756 85,000 85,000TRUCK-1 TON 8758 162,000 85,000 247,000Sub-Total Facil: Water 26,500 26,500Carpet440-014 15,000 15,000Rooftop Unit 440-015 94,000 94,000Ventilators440-016 135,500 135,500Sub-Total Facil: Water Treatment 40,500 40,500Auto Gate 440-030 40,500 40,500Sub-Total I.T.- General Equipment 9,000 1,500 10,500Technology Plan 601-4 9,000 1,500 10,500Sub-Total I.T.- Software 12,500 12,500Software Upgrade 601-5 12,500 12,500Sub-Total Water Distribution 50,000 105,000 55,000 57,500 60,000 327,500Well Rehab 601-1 10,000 6,200 10,000 26,200Tower Reconditioning 601-2 60,000 111,200 55,000 57,500 70,000 353,700Sub-Total Water Treatment 20,000 20,000 20,000 60,000Water Treatment Facility Equip Replacement 601-3 20,000 20,000 20,000 60,000Sub-Total 251,000 246,700 115,500 176,500 70,000 859,700Department Total: 12,042,600 10,884,450 9,991,300 10,689,700 11,114,380 54,722,430GRAND TOTAL August 16, 2021Page 3.8Produced Using the Plan-It Capital Planning SoftwareDRAFT Capital Improvement Program City of Prior Lake, Minnesota PROJECTS BY FUNDING SOURCE 2022 2026thru TotalSourceProject #2022 2023 2024 2025 2026 Cable Franchise Fund (F210) COMM-001 11,65011,650Tightrope FlexLite 340 - Control Room COMM-002 12,40012,400Webstreaming - Control Room COMM-003 52,40052,400Chambers Presentation - Chambers 76,45024,050 52,400Cable Franchise Fund (F210) Total Capital Park Fund (F225) 225-001 650,000325,000 325,000Future Neighborhood Park Development 650,000325,000 325,000Capital Park Fund (F225) Total City MSA Funds TRN20-000002 1,000,0001,000,000Downtown South Reconstruction TRN22-000001 540,000540,000Fish Point Road Phase II 1,540,0001,000,000 540,000City MSA Funds Total County TRN22-000002 1,156,0001,156,000CSAH 21 (Revere to 170th St) 1,156,0001,156,000County Total Developer - Upfront Costs TRN22-000002 150,000150,000CSAH 21 (Revere to 170th St) 150,000150,000Developer - Upfront Costs Total Facilities Management Fund (F440) 440-008 35,50035,500Wall Coverings 440-009 50,00050,000Wall Coverings 440-010 117,000117,000Carpet 440-011 15,50015,500Irrigation System 440-012 30,00030,000Carpet 440-013 25,00025,000Infrared Tube Heater 440-017 255,500255,500Membrane Roofing 440-018 21,50021,500Wall Coverings 440-019 10,00010,000Turnout Lockers 440-020 7,5007,500Glass Doors 440-021 14,50014,500Tile Walls 440-022 15,50015,500Exhaust Fan 440-023 8,1008,100Damper 440-024 30,00030,000Forced Air Furnace (3) August 16, 2021Page 4.1Produced Using the Plan-It Capital Planning Software TotalSourceProject #2022 2023 2024 2025 2026 440-025 17,50017,500Vav Boxes 440-027 40,50040,500Auto Gate 440-028 80,50080,500Overhead Crane 440-029 10,00010,000Membrane Roofing 440-031 147,500147,500Rooftop Unit 440-077 6,0006,000Wood Fence 440-078 80,00080,000Salt Building Membrane Roofing 440-079 100,000100,000Generator Enclosure 440-080 100,000100,000Duty Crew Renovation 440-081 28,00028,000Irrigation System 440-082 13,00013,000Irrigation System 440-083 60,00060,000Overhead Folding Door 10x14 440-084 66,00066,000Windows - Aluminum 440-085 9,5009,500Room Divider / Display Case 440-086 30,00030,000AC Unit (3) 440-087 100,000100,000Parking / Safety Enhancements 440-118 43,50043,500Steel Doors and Frames 1,567,600453,000 207,000 616,600 247,500 43,500Facilities Management Fund (F440) Total G.O. Capital Improvement Bonds 440-026 300,000300,000Parking Lots 440-029 300,000300,000Membrane Roofing 440-032 393,000393,000Vav Boxes 440-034 12,00012,000Glass Doors 440-037 16,50016,500Coiling Doors 440-038 281,000281,000Carpet 440-039 112,000112,000Membrane Roofing 440-041 51,50051,500Windows - Aluminum 440-042 7,5007,500Room Divider 440-043 154,000154,000Hoists (In-Ground and Utility) 440-047 8,0008,000Overhead Coiling Door (2) 440-088 25,00025,000Brick Wallcovering / Cherrywood Paneling 440-089 23,00023,000Resiliant Flooring 440-090 17,00017,000Tile Walls 440-091 66,00066,000Bell and Gosset Pumps (2) 440-092 23,50023,500Cabinet Unit Heater 440-093 14,00014,000Greenheck Exhaust (2) 440-094 145,500145,500Air Handler (2) 440-095 171,500171,500Chiller 440-096 6,5006,500Miscellaneous 440-101 40,00040,000Front Entry Security Update 440-102 19,00019,000Bell and Gosset Pump 440-103 14,00014,000Greenheck Exhaust (2) 440-104 79,00079,000Air Handler - McQuay 440-105 60,00060,000AC Condenser 440-106 208,000208,000VAV Boxes 440-116 28,50028,500Skylights (3) 440-117 24,00024,000Miscellaneous 2,600,000600,000 2,000,000G.O. Capital Improvement Bonds Total G.O. SA Bonds - Overlay Assessment PIR23-000001 142,000142,000Mill and Overlay August 16, 2021Page 4.2Produced Using the Plan-It Capital Planning Software TotalSourceProject #2022 2023 2024 2025 2026 PIR24-000001 189,000189,000Mill and Overlay PIR25-000001 236,000236,000Mill and Overlay PIR26-000001 236,000236,000Mill and Overlay 803,000142,000 189,000 236,000 236,000G.O. SA Bonds - Overlay Assessment Total G.O. SA Bonds - Project Assessment TRN20-000002 824,000824,000Downtown South Reconstruction TRN22-000001 408,000408,000Fish Point Road Phase II TRN22-000002 810,000810,000CSAH 21 (Revere to 170th St) TRN23-000001 500,000500,000Street Reconstruction TRN24-000001 500,000500,000Street Reconstruction TRN25-000001 550,000550,000Street Reconstruction 3,592,0001,634,000 408,000 500,000 500,000 550,000G.O. SA Bonds - Project Assessment Total G.O. SA Bonds - Project Levy TRN20-000002 1,100,0001,100,000Downtown South Reconstruction TRN22-000001 50,00050,000Fish Point Road Phase II TRN23-000001 3,000,0003,000,000Street Reconstruction TRN24-000001 3,000,0003,000,000Street Reconstruction TRN25-000001 3,300,0003,300,000Street Reconstruction 10,450,0001,100,000 50,000 3,000,000 3,000,000 3,300,000G.O. SA Bonds - Project Levy Total G.O. SA Bonds - Project MSA TRN20-000002 1,665,0001,665,000Downtown South Reconstruction TRN22-000001 4,580,0004,580,000Fish Point Road Phase II 6,245,0001,665,000 4,580,000G.O. SA Bonds - Project MSA Total General Fund (F101) ELEC-001 36,00036,000Poll Pads - qty 28 ELEC-002 18,00018,000Tabulators - qty 2 TECH-EQ-002 5,5005,500Epson Projector - Parkview TECH-EQ-003 10,60010,600Ricoh MP C4503 - CD/Eng TECH-EQ-004 6,0006,000NVR Milestone Husky M20 TECH-EQ-005 10,60010,600Ricoh MP C4504 - Admin TECH-EQ-006 3,0003,000Ricoh MP C3003 - PW TECH-EQ-007 9,5009,500Ricoh MP C3504 - Police TECH-EQ-008 6,0006,000Ricoh MP C2504 TECH-EQ-009 9,0009,000HP DesignJet T1500 - CD/Eng TECH-EQ-010 18,00018,000Ricoh W3601 Copier - CD/Eng TECH-NW-005 12,00012,000Network Switch TECH-NW-006 15,00015,000HP Proliant DL380 ESX01 TECH-NW-007 15,00015,000HP Proliant DL380 ESX02 TECH-NW-008 36,00036,000Dell SAN 210,20079,600 38,500 20,100 72,000General Fund (F101) Total Perm. Imp. Revolving Fund (F450) August 16, 2021Page 4.3Produced Using the Plan-It Capital Planning Software TotalSourceProject #2022 2023 2024 2025 2026 PIR22-000001Mill and Overlay PIR23-000001 743,000743,000Mill and Overlay PIR24-000001 991,000991,000Mill and Overlay PIR25-000001 1,239,0001,239,000Mill and Overlay PIR26-000001 1,239,0001,239,000Mill and Overlay 4,212,000743,000 991,000 1,239,000 1,239,000Perm. Imp. Revolving Fund (F450) Total Revolving Equip. Fund (F410) 6397 29,00029,000TRUCK-1/2 TON 7131 40,00040,0002012-Lincoln MKZ (1212) 7135 50,00050,000Investigator Car (1516) 7298 40,00040,000Drug Task Force Car (1815) 8254 1,0001,000SKID STEER TRAILER MOVER 8256 2,5002,500SKID STEER SNOW BUCKET 8257 3,0003,000SKID STEER SNOW BUCKET 8258 21,00021,000SKID STEER ASPHALT MILL 8260 1,6001,600SKID STEER U-BLADE 8266 18,50018,500DISC 8268 9,5009,500TILLER 8273 18,50018,500TOP DRESSER 8426 34,50034,5002003 DIRECTIONAL SAFETY SIGN 8457 42,50042,500TRUCK-1 TON 8472 93,25093,250STREET SWEEPER-MECHANICAL 8474 28,80028,800ASPHALT ROLLER 8479 11,50011,500TRAILER 8480 12,60012,600TRAILER 8501 70,00070,000SKID STEER 8503 120,000120,000MOVER-16FT 8506 155,500155,500SIDEWALK MACHINE 8507 122,000122,000TRACTOR 8510 60,00060,000WOODCHIPPER 8511 4,5004,500MOWER WALK BEHIND 8512 6,0006,000SOD CUTTER 8524 38,50038,500MOWER-6FT 8525 43,00043,000MOWER-6FT 8526 43,00043,000MOWER-6FT 8533 7,5007,500TRAILER 8535 19,50019,500UTILITY VEH-STRIPER 8537 28,00028,000UTILITY VEH-FIELD GROOMER 8539 29,00029,000UTILITY VEHICLE 8540 31,00031,000TRUCK-1 TON 8542 38,00038,0002011 TRUCK-1/4 TON 8543 48,00048,000TRUCK-1 TON 8544 47,00047,000TRUCK-1 TON 8545 60,50060,500TRUCK-1 TON 8546 66,00066,000Truck-1 Ton Dump 8547 62,50062,500Truck-1 Ton Dump 8548 68,50068,500TRUCK-1 TON 8549 185,000185,000TRUCK-BOOM 85X1 30,00030,000Mower - 6 FT 85X3 75,00075,000Toolcat w/Mower 8781 26,50026,500SKID STEER 8785 59,00059,000LOADER-BACKHOE 8789 228,500228,500LOADER WHEEL August 16, 2021Page 4.4Produced Using the Plan-It Capital Planning Software TotalSourceProject #2022 2023 2024 2025 2026 8X10 54,00054,000Pickup 1 Ton 8XX5 125,000125,000 Truck - 1.5 Ton - Dump New 9200 49,50049,500Squad Fire (Chief) 9201 45,00045,0001/2 Ton Crew Cab 9202 37,00037,000Squad Pick-Up 1/2 Ton 9203 36,00036,000Squad Pick-Up 1/2 Ton 9215 175,000175,000Fire - Heavy Rescue 9216 150,000150,000Fire Truck Heavy Rescue (Refurbish) 9271 90,00090,0002001 F-350 1 Ton Truck 9272 90,00090,000Fire Truck 1 Ton 9275 47,00047,000UTV FD-RADIOS 108,00053,000 55,000Fire Radios GEN-FS1 65,00065,000Generators - Facility FS1 GEN-PD 55,00055,000Generator - PD Multiple 1 380,000182,000 198,000Squads-Marked Multiple 2 186,000186,000Squads-Marked Multiple 3 508,000220,000 288,000Squads-Marked PD-Siren02 8,6508,6501990 Siren@15079 Manitou Rd. NE PD-Siren03 8,6508,6501990 Siren@5569 Cedarwood St. NE PD-Siren04 10,80010,8001996 Siren@3765 Willowwood St SW PD-Siren07 10,80010,8001996 Siren@13701 Pike Lake Trl NE PD-Siren08 10,80010,8001996 Siren@13760 McKenna Rd NW PD-Siren09 10,80010,8001997 Siren@16730 Northwood Rd NW PD-Siren10 19,45019,4501998 Siren@14649 Glendale Ave SE PD-Siren11 19,45019,4502003 Siren@16280 Duluth Ave SE PD-Siren12 19,45019,4502004 Siren@5634 Luther Rd SE PD-Siren13 19,45019,4502005 Siren@14998 Wilds Pkwy NW PD-Siren14 19,45019,4502006 Siren@1546 Belmont Ave NW REFUR 100,00020,000 20,000 20,000 20,000 20,000Refurbishing 4,688,000921,400 1,064,650 1,217,700 748,300 735,950Revolving Equip. Fund (F410) Total Revolving Park Equip. Fund (F430) 430-006 15,00015,000Boudins BB Court Maintenance 430-007 18,00018,000Oakland BB Court Maintenance 430-010 15,00015,000Wilds BB Court Maintenance 430-011 15,00015,000Willows BB Court Maintenance 430-023 15,00015,000Crystal Lake Aerator 430-025 6,0006,000Memorial Windscreen 430-026 80,00080,000Northwood Playground 430-027 7,0007,000Sand Point BB Court surface, hoop/stand 430-028 330,000330,000Ponds Lighting 430-029 10,00010,000Sand Point Ballfield 430-030 50,00050,000Sand Point Beach Renovation Study 430-032 80,00080,000Willows Playground 430-033 80,00080,000Woodridge Playground 430-034 80,00080,000Cardinal Ridge Playground 430-035 82,00082,000Oakland Beach Playground 430-036 15,00015,000Ryan BB Court Surface, Hoop/Stand 430-037 7,5007,500Timbercrest BB Court Surface, Hoop/Stand 430-038 82,00082,000Knob Hill Playground 430-039 250,000250,000Memorial Parking Lots (2) 430-040 75,00075,000Ponds Dugouts 430-042 100,000100,000Ponds Playground 430-044 45,00045,000Cardinal Ridge Parking Lot August 16, 2021Page 4.5Produced Using the Plan-It Capital Planning Software TotalSourceProject #2022 2023 2024 2025 2026 430-045 5,0005,000Grainwood Crossing Parking Lot 430-046 100,000100,000Memorial Playground 430-047 15,00015,000Northwood Meadows BB Court Surface 430-048 15,00015,000Wilds North BB Court Surface, Hoop/Stand 430-068 800,000800,000Wilds Parkway Trail TRAILSTrail Maintenance 2,392,500108,000 613,000 184,500 1,307,000 180,000Revolving Park Equip. Fund (F430) Total Street Oversize Fund (F503) TRN22-000002 1,250,0001,250,000CSAH 21 (Revere to 170th St) 1,250,0001,250,000Street Oversize Fund (F503) Total Utility: Sewer Fund (F604) 604-1 1,892,030165,000 394,000 424,000 454,500 454,530Sewer Lining and I&I Program 604-2 239,00057,000 59,000 60,500 62,500Sewer System Equipment Replacement 604-3 18,7008,700 10,000Technology Plan 604-4 755,000155,000 172,500 135,000 142,500 150,000Lift Station Rehabilitation 604-5 12,50012,500Software Upgrade 8742 69,50069,500GENERATORS-TOWABLE 8758 42,50042,500TRUCK-1 TON 8776 51,00051,000GENERATORS-TOWABLE 8777 90,00090,000GENERATORS-TOWABLE 8781 26,50026,500SKID STEER 8785 59,00059,000LOADER-BACKHOE TECH-EQ-006 3,0003,000Ricoh MP C3003 - PW TRN20-000002 631,000631,000Downtown South Reconstruction TRN22-000001 260,000260,000Fish Point Road Phase II TRN23-000001 495,000495,000Street Reconstruction TRN24-000001 495,000495,000Street Reconstruction TRN25-000001 544,500544,500Street Reconstruction 5,684,2301,086,200 885,500 1,117,500 1,395,000 1,200,030Utility: Sewer Fund (F604) Total Utility: Storm Water Fund (F602) 602-2 683,00030,000 280,000 113,000 230,000 30,000LSWMP Implementation Plan 602-3 1,100,000300,000 100,000 300,000 100,000 300,000Stormwater Pond Maintenance 8472 93,25093,250STREET SWEEPER-MECHANICAL TRN20-000002 263,000263,000Downtown South Reconstruction TRN23-000001 150,000150,000Street Reconstruction TRN24-000001 150,000150,000Street Reconstruction TRN25-000001 165,000165,000Street Reconstruction 2,604,250593,000 380,000 563,000 573,250 495,000Utility: Storm Water Fund (F602) Total Utility: Water Fund (F601) 440-014 26,50026,500Carpet 440-015 15,00015,000Rooftop Unit 440-016 94,00094,000Ventilators 440-030 40,50040,500Auto Gate 601-1 327,50050,000 105,000 55,000 57,500 60,000Well Rehab 601-2 26,20010,000 6,200 10,000Tower Reconditioning August 16, 2021Page 4.6Produced Using the Plan-It Capital Planning Software TotalSourceProject #2022 2023 2024 2025 2026 601-3 60,00020,000 20,000 20,000Water Treatment Facility Equip Replacement 601-4 10,5009,000 1,500Technology Plan 601-5 12,50012,500Software Upgrade 8756 162,000162,000TRUCK-1.5TON-DUMP 8758 42,50042,500TRUCK-1 TON 8781 26,50026,500SKID STEER 8785 59,00059,000LOADER-BACKHOE TECH-EQ-006 3,0003,000Ricoh MP C3003 - PW TRN20-000002 675,000675,000Downtown South Reconstruction TRN22-000001 620,000620,000Fish Point Road Phase II TRN23-000001 855,000855,000Street Reconstruction TRN24-000001 855,000855,000Street Reconstruction TRN25-000001 940,500940,500Street Reconstruction 4,851,200926,000 866,700 973,500 1,074,500 1,010,500Utility: Water Fund (F601) Total 54,722,43012,042,600 10,884,450 9,991,300 10,689,700 11,114,380GRAND TOTAL August 16, 2021Page 4.7Produced Using the Plan-It Capital Planning Software Capital Improvement Program City of Prior Lake, Minnesota TRANSPORTATION PLAN SUMMARY PROJECTS & FUNDING SOURCES BY DEPARTMENT 2022 2026thru Total20222023202420252026DepartmentProject # Streets: Overlay 803,000142,000 189,000 236,000 236,000G.O. SA Bonds - Overlay Assessment 4,212,000743,000 991,000 1,239,000 1,239,000Perm. Imp. Revolving Fund (F450) 5,015,000885,000 1,180,000 1,475,000 1,475,000Streets: Overlay Total PIR22-000001Mill and Overlay PIR23-000001 885,000885,000Mill and Overlay PIR24-000001 1,180,0001,180,000Mill and Overlay PIR25-000001 1,475,0001,475,000Mill and Overlay PIR26-000001 1,475,0001,475,000Mill and Overlay 5,015,000885,000 1,180,000 1,475,000 1,475,000Streets: Overlay Total Streets: Transportation 1,540,0001,000,000 540,000City MSA Funds 1,156,0001,156,000County 150,000150,000Developer - Upfront Costs 3,592,0001,634,000 408,000 500,000 500,000 550,000G.O. SA Bonds - Project Assessment 10,450,0001,100,000 50,000 3,000,000 3,000,000 3,300,000G.O. SA Bonds - Project Levy 6,245,0001,665,000 4,580,000G.O. SA Bonds - Project MSA 1,250,0001,250,000Street Oversize Fund (F503) 2,425,500631,000 260,000 495,000 495,000 544,500Utility: Sewer Fund (F604) 728,000263,000 150,000 150,000 165,000Utility: Storm Water Fund (F602) 3,945,500675,000 620,000 855,000 855,000 940,500Utility: Water Fund (F601) 31,482,0009,524,000 6,458,000 5,000,000 5,000,000 5,500,000Streets: Transportation Total TRN20-000002 6,158,0006,158,000Downtown South Reconstruction TRN22-000001 6,458,0006,458,000Fish Point Road Phase II TRN22-000002 3,366,0003,366,000CSAH 21 (Revere to 170th St) TRN23-000001 5,000,0005,000,000Street Reconstruction TRN24-000001 5,000,0005,000,000Street Reconstruction TRN25-000001 5,500,0005,500,000Street Reconstruction 31,482,0009,524,000 6,458,000 5,000,000 5,000,000 5,500,000Streets: Transportation Total 36,497,0009,524,000 7,343,000 6,180,000 6,475,000 6,975,000Grand Total August 16, 2021Page 5.1Produced Using the Plan-It Capital Planning SoftwareDRAFT Capital Improvement Program City of Prior Lake, Minnesota TRANSPORTATION PLAN DETAIL PROJECTS & FUNDING SOURCES BY DEPARTMENT 2022 2026thru Total20222023202420252026DepartmentProject # Streets: Overlay PIR22-000001Mill and Overlay Perm. Imp. Revolving Fund (F450) PIR23-000001 885,000885,000Mill and Overlay G.O. SA Bonds - Overlay Assessment 142,000 142,000 Perm. Imp. Revolving Fund (F450)743,000 743,000 PIR24-000001 1,180,0001,180,000Mill and Overlay G.O. SA Bonds - Overlay Assessment 189,000 189,000 Perm. Imp. Revolving Fund (F450)991,000 991,000 PIR25-000001 1,475,0001,475,000Mill and Overlay G.O. SA Bonds - Overlay Assessment 236,000 236,000 Perm. Imp. Revolving Fund (F450)1,239,000 1,239,000 PIR26-000001 1,475,0001,475,000Mill and Overlay G.O. SA Bonds - Overlay Assessment 236,000 236,000 Perm. Imp. Revolving Fund (F450)1,239,000 1,239,000 5,015,000885,000 1,180,000 1,475,000 1,475,000Streets: Overlay Total Streets: Transportation TRN20-000002 6,158,0006,158,000Downtown South Reconstruction City MSA Funds 1,000,000 1,000,000 G.O. SA Bonds - Project Assessment 824,000 824,000 G.O. SA Bonds - Project Levy 1,100,000 1,100,000 G.O. SA Bonds - Project MSA 1,665,000 1,665,000 Utility: Sewer Fund (F604)631,000 631,000 Utility: Storm Water Fund (F602)263,000 263,000 Utility: Water Fund (F601)675,000 675,000 TRN22-000001 6,458,0006,458,000Fish Point Road Phase II City MSA Funds 540,000 540,000 G.O. SA Bonds - Project Assessment 408,000 408,000 G.O. SA Bonds - Project Levy 50,000 50,000 G.O. SA Bonds - Project MSA 4,580,000 4,580,000 Utility: Sewer Fund (F604)260,000 260,000 Utility: Water Fund (F601)620,000 620,000 TRN22-000002 3,366,0003,366,000CSAH 21 (Revere to 170th St) County 1,156,000 1,156,000 Developer - Upfront Costs 150,000 150,000 G.O. SA Bonds - Project Assessment 810,000 810,000 Street Oversize Fund (F503)1,250,000 1,250,000 TRN23-000001 5,000,0005,000,000Street Reconstruction G.O. SA Bonds - Project Assessment 500,000 500,000 G.O. SA Bonds - Project Levy 3,000,000 3,000,000 Utility: Sewer Fund (F604)495,000 495,000 Utility: Storm Water Fund (F602)150,000 150,000 Utility: Water Fund (F601)855,000 855,000 TRN24-000001 5,000,0005,000,000Street Reconstruction G.O. SA Bonds - Project Assessment 500,000 500,000 August 16, 2021Page 5.2Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026DepartmentProject # 500,000 500,000 G.O. SA Bonds - Project Levy 3,000,000 3,000,000 Utility: Sewer Fund (F604)495,000 495,000 Utility: Storm Water Fund (F602)150,000 150,000 Utility: Water Fund (F601)855,000 855,000 TRN25-000001 5,500,0005,500,000Street Reconstruction G.O. SA Bonds - Project Assessment 550,000 550,000 G.O. SA Bonds - Project Levy 3,300,000 3,300,000 Utility: Sewer Fund (F604)544,500 544,500 Utility: Storm Water Fund (F602)165,000 165,000 Utility: Water Fund (F601)940,500 940,500 31,482,0009,524,000 6,458,000 5,000,000 5,000,000 5,500,000Streets: Transportation Total GRAND TOTAL 36,497,0009,524,000 7,343,000 6,180,000 6,475,000 6,975,000 August 16, 2021Page 5.3Produced Using the Plan-It Capital Planning SoftwareDRAFT 2022 2023 2024 2025 2026 Perm. Imp. Revolving Fund (F450) Beginning Balance 373,650 1,297,431 1,595,440 1,743,767 1,726,550 Revenues and Other Fund Sources Revenue Tax Levy 000 0 0 Special Assessment Revenue 150,731 154,959 152,362 150,582 92,607 G.O. Special Assessment Bonds - Overlay Assessment 0 142,000 189,000 236,000 236,000 Franchise Fees 1,050,000 1,068,000 1,086,000 1,115,040 1,133,220 Interest Earnings 5,700 21,000 28,000 32,000 35,000 Total Revenues and Other Fund Sources 1,206,431 1,385,959 1,455,362 1,533,622 1,496,827 Total Funds Available 1,580,081 2,683,390 3,050,802 3,277,389 3,223,377 Expenditures and Uses Capital Projects & Equipment Streets: Overlay Mill and Overlay PIR23-000001 0 (885,000)0 0 0 Mill and Overlay PIR24-000001 0 0 (1,180,000)0 0 Mill and Overlay PIR25-000001 0 0 0 (1,475,000)0 Mill and Overlay PIR26-000001 0 0 0 0 (1,475,000) Mill and Overlay PIR27-000001 000 0 0 Mill and Overlay PIR28-000001 000 0 0 Mill and Overlay PIR29-000001 000 0 0 Mill and Overlay PIR30-000001 000 0 0 Mill and Overlay PIR31-000001 000 0 0 Total 0 (885,000) (1,180,000) (1,475,000) (1,475,000) Other Uses Transfer to Debt Service Funds (282,650) (202,950) (127,035) (75,839) (129,911) Total (282,650) (202,950) (127,035) (75,839) (129,911) Total Expenditures and Uses (282,650) (1,087,950) (1,307,035) (1,550,839) (1,604,911) Change in Fund Balance 923,781 298,009 148,327 (17,217) (108,084) Ending Balance 1,297,431 1,595,440 1,743,767 1,726,550 1,618,466 Produced Using the Plan- It Capital Planning Software Page 5.4 August 16, 2021 City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 PERMANENT IMPROVEMENT REVOLVING FUND (F450) SOURCES AND USES OF FUNDS DRAFT Page 5.5DRAFT DRAFT CITY OF PRIOR LAKE, MN 2022 to 2026 STREET RECONSTRUCTION PLAN DRAFT AS OF AUGUST 16, 2021 Page 5.6DRAFT City of Prior Lake 2022-2026 Street Reconstruction Plan Page 2 of 4 City of Prior Lake, MN 2022 to 2026 Street Reconstruction Plan I.Introduction The City of Prior Lake (the “City”) historically has conducted street maintenance and reconstruction as part of its annual operational budget or as part of a street improvement capital improvement project. The maintenance and reconstruction have included seal coating, mill and overlay, complete reconstruction, and other such items incidental to the maintenance of city streets. The City finds that it does not always have the resources for reconstructing streets as quickly as required, due to increased need for major reconstruction projects. Due to this fact, the City has in the past and plans to in the future finance a portion of its street reconstruction through the issuance of General Obligation Street Reconstruction Bonds. II.Statutory Authority and Requirements Minnesota Statutes, Section 475.58, Subdivision 3b (the “Act”) authorizes Minnesota cities to adopt a Street Reconstruction Plan. The Plan must cover at least a five-year period and set forth the streets to be reconstructed, the estimated costs, and any planned reconstruction of other streets in the municipality over the next five years. Street Reconstruction Bonds can be used to finance the reconstruction and bituminous overlay of existing city streets. Eligible improvements may include turn lanes, bicycle lanes, sidewalks, paths, and other improvements having a substantial public safety function, realignments, other modifications to intersect with state and county roads, and the local share of state and county road projects. Except in the case of turn lanes, bicycle lanes, sidewalks, paths, and other safety improvements, realignments, intersection modifications, and the local share of state and county road projects, street reconstruction does not include the portion of project cost allocable to widening a street or adding curbs and gutters where none previously existed. Street Reconstruction Bonds are subject to the debt limit. The Act sets forth specific requirements for the issuance of Street Reconstruction Bonds, which are as follows: •The projects financed under this authority must be described in a street reconstruction plan, as described above. •The city must publish notice of and hold a public hearing on the proposed plan and the related issuance of bonds. The notice must be published at least ten days but not more than 28 days prior to the hearing date. •The Plan must be approved by a vote of a two-thirds majority of the members of the governing body present at the meeting following a public hearing. Page 5.7DRAFT City of Prior Lake 2022-2026 Street Reconstruction Plan Page 3 of 4 •The issuance of bonds is subject to a reverse referendum. An election is required if voters equal to 5% of the votes cast in the last municipal general election file a petition with the city clerk within 30 days of the public hearing. If the city decides not to undertake an election, it may not propose the issuance of Street Reconstruction Bonds for the same purpose and in the same amount for a period of 365 days from the date of receipt of the petition. If the question of issuing the bonds is submitted and not approved by the voters, the provisions of section 475.58, subdivision 1a, shall apply (no resubmission for same purpose/amount for 180 days). III.History and Existing Street Reconstruction Bonds At the time of the approval of the Plan, the following Street Reconstruction (issued under Chapter 475) were outstanding: IV.Net Debt Limits Minnesota Statutes Section 475.53, Subd. 1 states that no municipality, except a school district or a city of the first class, shall incur or be subject to a net debt in excess of three percent of the market value of taxable property in the municipality. Bonds issued under the authority granted by this Street Reconstruction Plan are subject to the net debt limit restriction described above. The net debt capacity for the City at time of approval of the Original Plan is shown below under Statutory Debt Limit. Statutory Debt Limit Minnesota Statutes, Section 475.53 states that a city or county may not incur or be subject to a net debt in excess of three percent (3%) of its estimated market value. Net debt is, with limited exceptions, debt paid solely from ad valorem taxes. Bond Issue Amount Outstanding $3,240,000 G.O. Bonds, Series 2011A $ 55,000 $3,240,000 G.O. Bonds, Series 2013A 150,000 $2,490,000 G.O. Taxable Bonds, Series 2015B 715,000 $3,505,000 G.O. Bonds, Series 2016A 215,000 $8,270,000 G.O. Bonds, Series 2018A 1,095,000 $2,065,000 G.O. Bonds, Series 2019A 1,365,000 $5,760,000 G.O. Bonds, Series 2021A 2,400,000 Total Outstanding Street Reconstruction Bonds $ 5,995,000 Page 5.8DRAFT City of Prior Lake 2022-2026 Street Reconstruction Plan Page 4 of 4 At time of approval of the proposed Plan the City’s Statutory Debt Limit is as follows: Computation of Legal Debt Margin as of June 2, 2021: 2020/2021 Estimated Market Value $ 4,190,057,200 Multiplied by 3% x .03 Statutory Debt Limit $ 125,701,716 Outstanding debt applicable to debt limit: $3,240,000 G.O. Bonds, Series 2011A $ 55,000 $3,240,000 G.O. Bonds, Series 2013A 150,000 $2,490,000 Taxable G.O. Bonds, Series 2015B 715,000 $3,630,000 G.O. Bonds, Series 2016A 395,000 $4,505,000 G.O. Bonds, Series 2017A 220,000 $8,720,000 G.O. Bonds, Series 2018A 2,010,000 $2,065,000 G.O. Bonds, Series 2019A 1,565,000 $5,760,000 G.O. Bonds, Series 2021A 5,390,000 $5,870,000 G.O. Bonds, Series 2021B 5,870,000 Less outstanding debt applicable to debt limit: $ 16,370,000 Legal debt margin $ 109,331,716 The Plan provides for the issuance of a not to exceed amount of $15,990,000 in General Obligation Street Reconstruction Bonds between January 1, 2022 and December 31, 2026. This amount includes estimated cost of issuance of bonds, capitalized interest and rounding. The proposed bond issuance is within the current City’s Legal Debt Margin, as of the date of adoption of the Plan. V.Proposed Street Reconstruction and Cost Estimate The Plan is detailed in Table A. The City reserves the right to adjust the amount of annual spending between years provided the overall not to exceed amount in the Plan is not increased. Page 5.9DRAFT CITY OF PRIOR LAKE 2022-2026 STREET RECONSTRUCTION PLAN AMOUNTS January 1, 2022 through December 31, 2022 Downtown South Reconstruction 2,320,000$ CSAH 21 (CH87 to 170th St)1,060,000$ TOTAL 2022 3,380,000$ January 1, 2023 through December 31, 2023 Fish Point Road Reconstruction (Phase II) 510,000$ TOTAL 2023 510,000$ January 1, 2024 through December 31, 2024 The Wilds/Jeffers Developments Mill and Overlay 6,620,000$ TOTAL 2024 6,620,000$ January 1, 2025 through December 31, 2025 Wilds Parkway Reclamation 4,710,000$ TOTAL 2025 4,710,000$ January 1, 2026 through December 31, 2026 $0 GRAND TOTAL (1/1/2022 THROUGH 12/31/2026)15,220,000 Bond Issuance Costs, Capitalized Interest, and Rounding $770,000 GRAND TOTAL $15,990,000 TABLE A Page 5.10DRAFT City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 EQUIPMENT REPLACEMENT PLAN PROJECTS BY DEPARTMENT AND CATEGORY Total20222023202420252026 Department Category Building Inspection Equipment: Pick Ups/Vans 29,000 29,000TRUCK-1/2 TON 6397 29,000 29,000Sub-Total 29,000 29,000Department Total: Central Garage Equipment: Miscellaneous 20,000 20,000 20,000 20,000 20,000 100,000RefurbishingREFUR 20,000 20,000 20,000 20,000 20,000 100,000Sub-Total 20,000 20,000 20,000 20,000 20,000 100,000Department Total: Fire Equipment: Apparatus 175,000 175,000Fire - Heavy Rescue 9215 150,000 150,000Fire Truck Heavy Rescue (Refurbish)9216 175,000 150,000 325,000Sub-Total Equipment: First Response 49,500 49,500Squad Fire (Chief)9200 45,000 45,0001/2 Ton Crew Cab 9201 37,000 37,000Squad Pick-Up 1/2 Ton 9202 36,000 36,000Squad Pick-Up 1/2 Ton 9203 45,000 36,000 37,000 49,500 167,500Sub-Total Equipment: Grass Rigs 90,000 90,0002001 F-350 1 Ton Truck 9271 90,000 90,000Fire Truck 1 Ton 9272 90,000 90,000 180,000Sub-Total Equipment: Other 47,000 47,000UTV9275 53,000 55,000 108,000Fire Radios FD-RADIOS 53,000 55,000 47,000 155,000Sub-Total 188,000 266,000 277,000 47,000 49,500 827,500Department Total: Parks Equipment: Attachments 2,500 2,500SKID STEER SNOW BUCKET 8256 3,000 3,000SKID STEER SNOW BUCKET 8257 1,600 1,600SKID STEER U-BLADE 8260 18,500 18,500DISC8266 August 16, 2021Page 6.1Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category 9,500 9,500TILLER8268 18,500 18,500TOP DRESSER 8273 9,500 41,100 3,000 53,600Sub-Total Equipment: Dump Trucks 66,000 66,000Truck-1 Ton Dump 8546 62,500 62,500Truck-1 Ton Dump 8547 62,500 66,000 128,500Sub-Total Equipment: Loaders/Skid Steers 70,000 70,000SKID STEER 8501 70,000 70,000Sub-Total Equipment: Pick Ups/Vans 31,000 31,000TRUCK-1 TON 8540 38,000 38,0002011 TRUCK-1/4 TON 8542 48,000 48,000TRUCK-1 TON 8543 47,000 47,000TRUCK-1 TON 8544 60,500 60,500TRUCK-1 TON 8545 68,500 68,500TRUCK-1 TON 8548 185,000 185,000TRUCK-BOOM 8549 270,000 108,500 99,500 478,000Sub-Total Equipment: Street/Sidewalk 155,500 155,500SIDEWALK MACHINE 8506 155,500 155,500Sub-Total Equipment: Trailers 7,500 7,500TRAILER8533 7,500 7,500Sub-Total Equipment: Tree Care 60,000 60,000WOODCHIPPER8510 60,000 60,000Sub-Total Equipment: Turf Care 120,000 120,000MOVER-16FT 8503 122,000 122,000TRACTOR8507 4,500 4,500MOWER WALK BEHIND 8511 6,000 6,000SOD CUTTER 8512 38,500 38,500MOWER-6FT 8524 43,000 43,000MOWER-6FT 8525 43,000 43,000MOWER-6FT 8526 19,500 19,500UTILITY VEH-STRIPER 8535 28,000 28,000UTILITY VEH-FIELD GROOMER 8537 29,000 29,000UTILITY VEHICLE 8539 30,000 30,000Mower - 6 FT 85X1 75,000 75,000Toolcat w/Mower 85X3 133,000 362,500 28,000 35,000 558,500Sub-Total 349,500 397,000 592,000 69,100 104,000 1,511,600Department Total: Police Equipment: Emerg. Sirens 8,650 8,6501990 Siren@15079 Manitou Rd. NE PD-Siren02 August 16, 2021Page 6.2Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category 8,650 8,6501990 Siren@5569 Cedarwood St. NE PD-Siren03 10,800 10,8001996 Siren@3765 Willowwood St SW PD-Siren04 10,800 10,8001996 Siren@13701 Pike Lake Trl NE PD-Siren07 10,800 10,8001996 Siren@13760 McKenna Rd NW PD-Siren08 10,800 10,8001997 Siren@16730 Northwood Rd NW PD-Siren09 19,450 19,4501998 Siren@14649 Glendale Ave SE PD-Siren10 19,450 19,4502003 Siren@16280 Duluth Ave SE PD-Siren11 19,450 19,4502004 Siren@5634 Luther Rd SE PD-Siren12 19,450 19,4502005 Siren@14998 Wilds Pkwy NW PD-Siren13 19,450 19,4502006 Siren@1546 Belmont Ave NW PD-Siren14 38,900 41,050 38,900 19,450 19,450 157,750Sub-Total Equipment: Squads 40,000 40,0002012-Lincoln MKZ (1212)7131 50,000 50,000Investigator Car (1516)7135 40,000 40,000Drug Task Force Car (1815)7298 182,000 198,000 380,000Squads-Marked Multiple 1 186,000 186,000Squads-Marked Multiple 2 220,000 288,000 508,000Squads-Marked Multiple 3 260,000 222,000 186,000 288,000 248,000 1,204,000Sub-Total 298,900 263,050 224,900 307,450 267,450 1,361,750Department Total: Streets Equipment: Attachments 1,000 1,000SKID STEER TRAILER MOVER 8254 21,000 21,000SKID STEER ASPHALT MILL 8258 34,500 34,5002003 DIRECTIONAL SAFETY SIGN 8426 34,500 21,000 1,000 56,500Sub-Total Equipment: Dump Trucks 125,000 125,000 Truck - 1.5 Ton - Dump New 8XX5 125,000 125,000Sub-Total Equipment: Emergency Power 65,000 65,000Generators - Facility FS1 GEN-FS1 55,000 55,000Generator - PD GEN-PD 65,000 55,000 120,000Sub-Total Equipment: Loaders/Skid Steers 79,500 79,500SKID STEER 8781 177,000 177,000LOADER-BACKHOE 8785 228,500 228,500LOADER WHEEL 8789 256,500 228,500 485,000Sub-Total Equipment: Pick Ups/Vans 42,500 42,500TRUCK-1 TON 8457 54,000 54,000Pickup 1 Ton 8X10 42,500 54,000 96,500Sub-Total Equipment: Street/Sidewalk 186,500 186,500STREET SWEEPER-MECHANICAL 8472 28,800 28,800ASPHALT ROLLER 8474 28,800 186,500 215,300Sub-Total August 16, 2021Page 6.3Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category Equipment: Trailers 11,500 11,500TRAILER8479 12,600 12,600TRAILER8480 12,600 11,500 24,100Sub-Total 65,000 89,600 103,800 569,000 295,000 1,122,400Department Total: 921,400 1,064,650 1,217,700 1,012,550 735,950 4,952,250GRAND TOTAL August 16, 2021Page 6.4Produced Using the Plan-It Capital Planning SoftwareDRAFT 2022 2023 2024 2025 2026 Revolving Equipment Fund (F410) Beginning Balance 489,955 492,855 402,505 163,305 447,905 Revenues and Other Fund Sources Revenue Tax Levy 700,000 750,000 825,000 875,000 925,000 G.O. Capital Equipment Bonds 00000 Water Fund (F601)108,750 108,750 73,500 162,450 0 Water Quality Fund (F602)0 0 0 93,250 0 Sewer Fund (F604)108,750 108,750 73,500 162,450 0 Interest Earnings 6,800 6,800 6,500 4,000 6,500 Total Revenues and Other Fund Sources 924,300 974,300 978,500 1,297,150 931,500 Total Funds Available 1,414,255 1,467,155 1,381,005 1,460,455 1,379,405 Expenditures and Uses Capital Projects & Equipment Building Inspection 0 (29,000) 0 0 0 Central Garage (20,000) (20,000) (20,000) (20,000) (20,000) Engineering 00000 Fire (188,000) (266,000) (277,000) (47,000) (49,500) Parks (349,500) (397,000) (592,000) (69,100) (104,000) Police (298,900) (263,050) (224,900) (307,450) (267,450) Streets (65,000) (89,600) (103,800) (569,000) (295,000) Total Expenditures and Uses (921,400) (1,064,650) (1,217,700) (1,012,550) (735,950) Change in Fund Balance 2,900 (90,350) (239,200) 284,600 195,550 Ending Balance 492,855 402,505 163,305 447,905 643,455 Produced Using the Plan- It Capital Planning Software Page 6.5 August 16, 2021 City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 REVOLVING EQUIPMENT FUND (F410) SOURCES AND USES OF FUNDS DRAFT City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 PARK PLAN PROJECTS BY DEPARTMENT AND CATEGORY Total20222023202420252026 Department Category Parks: Projects New Park Development 325,000 325,000 650,000Future Neighborhood Park Development 225-001 325,000 325,000 650,000Sub-Total Park Replacement 15,000 15,000Boudins BB Court Maintenance 430-006 18,000 18,000Oakland BB Court Maintenance 430-007 15,000 15,000Wilds BB Court Maintenance 430-010 15,000 15,000Willows BB Court Maintenance 430-011 15,000 15,000Crystal Lake Aerator 430-023 6,000 6,000Memorial Windscreen 430-025 80,000 80,000Northwood Playground 430-026 7,000 7,000Sand Point BB Court surface, hoop/stand 430-027 330,000 330,000Ponds Lighting 430-028 10,000 10,000Sand Point Ballfield 430-029 50,000 50,000Sand Point Beach Renovation Study 430-030 80,000 80,000Willows Playground 430-032 80,000 80,000Woodridge Playground 430-033 80,000 80,000Cardinal Ridge Playground 430-034 82,000 82,000Oakland Beach Playground 430-035 15,000 15,000Ryan BB Court Surface, Hoop/Stand 430-036 7,500 7,500Timbercrest BB Court Surface, Hoop/Stand 430-037 82,000 82,000Knob Hill Playground 430-038 250,000 250,000Memorial Parking Lots (2)430-039 75,000 75,000Ponds Dugouts 430-040 100,000 100,000Ponds Playground 430-042 45,000 45,000Cardinal Ridge Parking Lot 430-044 5,000 5,000Grainwood Crossing Parking Lot 430-045 100,000 100,000Memorial Playground 430-046 15,000 15,000Northwood Meadows BB Court Surface 430-047 15,000 15,000Wilds North BB Court Surface, Hoop/Stand 430-048 800,000 800,000Wilds Parkway Trail 430-068 Trail Maintenance TRAILS 108,000 613,000 184,500 1,307,000 180,000 2,392,500Sub-Total 108,000 938,000 184,500 1,632,000 180,000 3,042,500Department Total: 108,000 938,000 184,500 1,632,000 180,000 3,042,500GRAND TOTAL August 16, 2021Page 7.1Produced Using the Plan-It Capital Planning SoftwareDRAFT 2022 2023 2024 2025 2026 Capital Park Fund (F225) - NEW PARKS Beginning Balance 1,239,647 1,848,147 2,132,647 2,743,147 3,029,647 Revenues and Other Fund Sources Revenue Charges for Services: Park Dedication Fees 562,500 562,500 562,500 562,500 562,500 Rent 24,000 24,000 24,000 24,000 24,000 Interest Earnings 22,000 23,000 24,000 25,000 26,000 Total Revenues and Other Fund Sources 608,500 609,500 610,500 611,500 612,500 Total Funds Available 1,848,147 2,457,647 2,743,147 3,354,647 3,642,147 Expenditures and Uses Capital Projects & Equipment Parks: Projects Future Neighborhood Park Development 225-001 0 (325,000)0 (325,000)0 Total Expenditures and Uses 0 (325,000)0 (325,000)0 Change in Fund Balance 608,500 284,500 610,500 286,500 612,500 Ending Balance 1,848,147 2,132,647 2,743,147 3,029,647 3,642,147 Produced Using the Plan- It Capital Planning Software Page 7.2 August 16, 2021 City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 CAPITAL PARK FUND (F225) SOURCES AND USES OF FUNDS DRAFT 2022 2023 2024 2025 2026 Revolving Park Equipment Fund (F430) - REPLACEMENT Beginning Balance 606,790 917,590 750,590 1,057,090 291,090 Revenues and Other Fund Sources Revenue Tax Levy 405,000 440,000 485,000 535,000 595,000 Interest Earnings 13,800 6,000 6,000 6,000 6,000 Total Revenues and Other Fund Sources 418,800 446,000 491,000 541,000 601,000 Total Funds Available 1,025,590 1,363,590 1,241,590 1,598,090 892,090 Expenditures and Uses Capital Projects & Equipment Parks: Projects Boudins BB Court Maintenance 430-006 0 (15,000)0 0 0 Oakland BB Court Maintenance 430-007 0 (18,000)0 0 0 Wilds BB Court Maintenance 430-010 0 (15,000)0 0 0 Willows BB Court Maintenance 430-011 0 (15,000)0 0 0 Crystal Lake Aerator 430-023 (15,000)0 0 0 0 Memorial Windscreen 430-025 (6,000)0 0 0 0 Northwood Playground 430-026 (80,000)0 0 0 0 Sand Point BB Court surface, hoop/stand 430-027 (7,000)0 0 0 0 Ponds Lighting 430-028 0 (330,000)0 0 0 Sand Point Ballfield 430-029 0 (10,000)0 0 0 Sand Point Beach Renovation Study 430-030 0 (50,000)0 0 0 Willows Playground 430-032 0 (80,000)0 0 0 Woodridge Playground 430-033 0 (80,000)0 0 0 Cardinal Ridge Playground 430-034 0 0 (80,000)0 0 Oakland Beach Playground 430-035 0 0 (82,000)0 0 Ryan BB Court Surface, Hoop/Stand 430-036 0 0 (15,000)0 0 Timbercrest BB Court Surface, Hoop/Stand 430-037 0 0 (7,500)0 0 Knob Hill Playground 430-038 0 0 0 (82,000)0 Memorial Parking Lots (2)430-039 0 0 0 (250,000)0 Ponds Dugouts 430-040 0 0 0 (75,000)0 Ponds Playground 430-042 0 0 0 (100,000)0 Cardinal Ridge Parking Lot 430-044 0 0 0 0 (45,000) Grainwood Crossing Parking Lot 430-045 0 0 0 0 (5,000) Memorial Playground 430-046 0 0 0 0 (100,000) City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 REVOLVING PARK EQUIPMENT FUND (F430) SOURCES AND USES OF FUNDS Produced Using the Plan-It Capital Planning Software Page 7.3 August 16, 2021DRAFT 2022 2023 2024 2025 2026 City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 REVOLVING PARK EQUIPMENT FUND (F430) SOURCES AND USES OF FUNDS Northwood Meadows BB Court Surface 430-047 0 0 0 0 (15,000) Wilds North BB Court Surface, Hoop/Stand 430-048 0 0 0 0 (15,000) Wilds Parkway Trail 430-068 0 0 0 (800,000)0 Total Expenditures and Uses (108,000) (613,000) (184,500) (1,307,000) (180,000) Change in Fund Balance 310,800 (167,000) 306,500 (766,000) 421,000 Ending Balance 917,590 750,590 1,057,090 291,090 712,090 Produced Using the Plan-It Capital Planning Software Page 7.4 August 16, 2021DRAFT 2022 2023 2024 2025 2026 Revolving Park Equipment Fund (F430) - UNFUNDED Capital Projects & Equipment Parks: Projects Deerfield Park Renovations 430-008 (682,000)0 0 0 0 Ponds Fencing 430-012 0 0 (270,000)0 0 Jeffers Pond Renovation 430-013 0 0 (1,191,000)0 0 Glynwater/Island View Renovation 430-016 0 0 0 0 (986,000) Sand Point Beach Fishing Pier 430-031 0 (150,000)0 0 0 Ponds Parking Lots (4), Entrance Road 430-041 0 0 0 (830,000)0 Watzls City Docks 430-043 0 0 0 (150,000)0 Total Expenditures and Uses (682,000) (150,000) (1,461,000) (980,000) (986,000) City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 REVOLVING PARK EQUIPMENT FUND (F430) PARK PLAN PROJECTS BY DEPARTMENT AND CATEGORY - UNFUNDED Produced Using the Plan-It Capital Planning Software Page 7.5 August 16, 2021DRAFT City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 FACILITIES MANAGEMENT PLAN PROJECTS BY DEPARTMENT AND CATEGORY Total20222023202420252026 Department Category Facilities Facil: City Hall 35,500 35,500Wall Coverings 440-008 255,500 255,500Membrane Roofing 440-017 393,000 393,000Vav Boxes 440-032 12,000 12,000Glass Doors 440-034 16,500 16,500Coiling Doors 440-037 281,000 281,000Carpet440-038 28,000 28,000Irrigation System 440-081 25,000 25,000Brick Wallcovering / Cherrywood Paneling 440-088 23,000 23,000Resiliant Flooring 440-089 17,000 17,000Tile Walls 440-090 66,000 66,000Bell and Gosset Pumps (2)440-091 23,500 23,500Cabinet Unit Heater 440-092 14,000 14,000Greenheck Exhaust (2)440-093 145,500 145,500Air Handler (2)440-094 171,500 171,500Chiller440-095 6,500 6,500Miscellaneous440-096 63,500 255,500 1,194,500 1,513,500Sub-Total Facil: Fire Station #1 15,500 15,500Irrigation System 440-011 21,500 21,500Wall Coverings 440-018 10,000 10,000Turnout Lockers 440-019 7,500 7,500Glass Doors 440-020 14,500 14,500Tile Walls 440-021 15,500 15,500Exhaust Fan 440-022 8,100 8,100Damper440-023 147,500 147,500Rooftop Unit 440-031 100,000 100,000Generator Enclosure 440-079 100,000 100,000Duty Crew Renovation 440-080 66,000 66,000Windows - Aluminum 440-084 9,500 9,500Room Divider / Display Case 440-085 200,000 15,500 152,600 147,500 515,600Sub-Total Facil: Fire Station #2 30,000 30,000Carpet440-012 25,000 25,000Infrared Tube Heater 440-013 30,000 30,000Forced Air Furnace (3)440-024 112,000 112,000Membrane Roofing 440-039 30,000 30,000AC Unit (3)440-086 55,000 60,000 112,000 227,000Sub-Total Facil: Library & Club Prior August 16, 2021Page 8.1Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category 17,500 17,500Vav Boxes 440-025 300,000 300,000Parking Lots 440-026 317,500 317,500Sub-Total Facil: Maintenance Ctr. 40,500 40,500Auto Gate 440-027 80,500 80,500Overhead Crane 440-028 51,500 51,500Windows - Aluminum 440-041 7,500 7,500Room Divider 440-042 154,000 154,000Hoists (In-Ground and Utility)440-043 6,000 6,000Wood Fence 440-077 80,000 80,000Salt Building Membrane Roofing 440-078 28,500 28,500Skylights (3)440-116 24,000 24,000Miscellaneous440-117 43,500 43,500Steel Doors and Frames 440-118 86,000 121,000 309,000 516,000Sub-Total Facil: Police Station 50,000 50,000Wall Coverings 440-009 117,000 117,000Carpet440-010 310,000 310,000Membrane Roofing 440-029 8,000 8,000Overhead Coiling Door (2)440-047 13,000 13,000Irrigation System 440-082 60,000 60,000Overhead Folding Door 10x14 440-083 100,000 100,000Parking / Safety Enhancements 440-087 40,000 40,000Front Entry Security Update 440-101 19,000 19,000Bell and Gosset Pump 440-102 14,000 14,000Greenheck Exhaust (2)440-103 79,000 79,000Air Handler - McQuay 440-104 60,000 60,000AC Condenser 440-105 208,000 208,000VAV Boxes 440-106 167,000 73,000 310,000 100,000 428,000 1,078,000Sub-Total 453,000 207,000 1,216,600 247,500 2,043,500 4,167,600Department Total: 453,000 207,000 1,216,600 247,500 2,043,500 4,167,600GRAND TOTAL August 16, 2021Page 8.2Produced Using the Plan-It Capital Planning SoftwareDRAFT 2022 2023 2024 2025 2026 Facilities Management Fund (F440) Beginning Balance 1,080,050 962,950 916,950 498,450 461,950 Revenues and Other Fund Sources Revenue Tax Levy 105,000 140,000 165,000 190,000 240,000 G.O. Capital Improvement Bonds 0 0 600,000 0 2,000,000 ARPA Funds 200,0000000 Water Fund (F601) - transfer for portion of maint ctr costs 8,000 8,000 8,000 8,000 8,000 Water Quality Fund (F602)8,600 0 12,100 0 30,900 Sewer Fund (F604) - transfer for portion of maint ctr costs 8,000 8,000 8,000 8,000 8,000 Interest Earnings 6,300 5,000 5,000 5,000 2,000 Total Revenues and Other Fund Sources 335,900 161,000 798,100 211,000 2,288,900 Total Funds Available 1,415,950 1,123,950 1,715,050 709,450 2,750,850 Expenditures and Uses Capital Projects & Equipment City Hall 0 (63,500) (255,500) 0 (1,194,500) Fire Station #1 (200,000) (15,500) (152,600) (147,500) 0 Fire Station #2 0 (55,000) (60,000) 0 (112,000) Library & Club Prior 0 0 (317,500) 0 0 Maintenance Center - Total Cost including water & sewer (86,000) 0 (121,000) 0 (309,000) Police Station (167,000) (73,000) (310,000) (100,000) (428,000) Total Expenditures and Uses (453,000) (207,000) (1,216,600) (247,500) (2,043,500) Change in Fund Balance (117,100) (46,000) (418,500) (36,500) 245,400 Ending Balance 962,950 916,950 498,450 461,950 707,350 Produced Using the Plan- It Capital Planning Software Page 8.3 August 16, 2021 City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 FACILITIES MANAGEMENT FUND (F440) SOURCES AND USES OF FUNDS DRAFT CITY OF PRIOR LAKE, MN 2022 to 2026 CAPITAL IMPROVEMENT PLAN August 16, 2022 Adopted ______________, 2022 Page 8.4DRAFT A-1 CITY OF PRIOR LAKE 2022-2026 CAPITAL IMPROVEMENT PLAN I.INTRODUCTION In 2003, the Minnesota State Legislature adopted a statute that generally exempts city and town general obligation bonds issued under a capital improvement plan from the referendum requirements usually required for city halls, public works, public safety facilities and libraries. The statute on general obligation capital improvement plan bonds is Minnesota Statutes, Section 475.521 (the “Act”). On August 16, 2021, the City Council held a public hearing on the adoption of the 2022-2026 Capital Improvement Plan and the issuance of general obligation improvement bonds. On August 16, 2021, the City Council adopted Resolution No. 16-_____ approving the 2022- 2026 Capital Improvement Plan (the “CIP”). The approved 2022-2026 Capital Improvement Plan anticipates the issuance of general obligation bonds to finance certain facilities improvements as described in the CIP. In order for the City of Prior Lake (the “City”) to proceed to issue general obligation bonds, pursuant to the Act, the City must make certain findings. These findings are included in this document. II.PURPOSE Under the Act, a capital improvement is a major expenditure of City funds for the acquisition or betterment to public lands, buildings, or other improvements used as a city hall, town hall, library, public safety, or public works facility, which has a useful life of five years or more. Under the Act, capital improvements do not include light rail transit or related activities, parks, road/bridges, administrative buildings other than a city hall or town hall, or land for those facilities. For the purposes of the Act, the CIP is a document designed to anticipate capital improvement expenditures and schedule them over at least a five-year period so that they may be purchased in the most efficient and cost-effective method possible. A CIP allows the matching of expenditures with anticipated income. As potential expenditures are reviewed, the City considers the benefits, costs, alternatives, and impact on operating expenditures. Before issuing bonds under a CIP, the City must hold a public hearing on the CIP and the proposed bonds and must then approve the CIP and authorize the issuance of the bonds by at least a 3/5 majority. If a petition signed by voters equal to at least 5 percent of the votes cast in the last general City election requesting a vote on the issuance of bonds is received by the municipal clerk within 30 days after the public hearing, then the bonds may not be issued unless approved by the voters at an election. Page 8.5DRAFT A-2 The statute has established certain criteria that must be considered for each project to be undertaken pursuant to this CIP (the “Projects”). These criteria are: 1.Condition of the City’s existing infrastructure and projected need for repair or replacement 2.Demand for the improvement 3.Cost of the improvement 4.Availability of public resources 5. Level of overlapping debt 6.Cost/benefits of alternative uses of funds 7. Operating costs of the proposed improvements 8.Alternatives for providing services most efficiently through shared facilities with other municipalities or local governments The CIP is designed to be updated and modified on an annual basis. In this manner, it becomes an ongoing fiscal planning tool that continually anticipates future capital expenditures and funding sources. III.PLAN SUMMARY This CIP is intended to describe and analyze the need for the Projects in accordance with the Act. The City may modify this CIP from year to year as authorized by the Act. Following is a summary of estimated expenditures for the Projects, including cost of financing: 2022 Expenditures No Projects anticipated in this CIP. 2023 Expenditures No Projects anticipated in this CIP. 2024 Expenditures The City intends to construct improvements to the city hall, police station, fire station #1 and public works facilities, consisting of capital maintenance, and including building and exterior site improvements. The combined estimated cost of the improvement to these facilities along with cost of issuance to be finance through bond proceeds is $680,000. 2025 expenditures No Projects anticipated in this Plan. 2026 Expenditures Page 8.6DRAFT A-3 The City intends to construct improvements to the city hall, police station, fire station #2 and public works facilities, consisting of capital maintenance, and including building and exterior site improvements. The combined estimated cost of the improvement to these facilities along with cost of issuance to be finance through bond proceeds is $2,265,000. Analysis The City has analyzed the eight points required by the Act for the Projects on an individual basis and as a whole. The findings are as follows: 1. Conditions of City Infrastructure, Including the Projected Need for Repair or Replacement and Need for the Project The existing roof of the maintenance facility and police station is in need of structural repair in order to maintain the facility. Other improvements to City public safety, public works, and city hall facilities in future years are for capital maintenance and repair of existing facilities. 2.Likely Demand for the Project The City’s basic government service operations, including administration, police, fire, and public works operations are housed in the facilities that are in need of capital maintenance and repair. 3. Estimated Cost of the Project The estimated cost, including architectural/engineering, contingency, legal and bonding, of the Project is set forth in Appendix A. 4. Available Public Resources The City does not have sufficient cash reserves on hand to finance the improvement of the city hall and public works and public safety facilities without issuing bonds. The City plans to use the bond proceeds to reimburse the City for the Projects. Page 8.7DRAFT A-4 5. Level of Overlapping Debt in the City As of June 2, 2021, the level of overlapping debt in the City is provided in the table below: Issuer 2020/2021 Tax Capacity Value(1) 2020/2021 Tax Capacity Value in City(1) Percentage Applicable in City Estimated Outstanding General Obligation Debt Taxpayers’ Share of Debt Scott County $ 232,667,102 $ 45,055,487 19.36% $108,610,000(2) $ 21,026,896 ISD No. 719 (Prior Lake – Savage) 73,458,529 43,313,126 58.96 174,434,049 102,846,315 ISD No. 720 (Shakopee) 71,899,365 1,742,361 2.42 161,879,567 3,917,486 Metropolitan Council 4,576,186,304 45,055,487 .98 8,800,000(3) 86,240 Metro Transit 3,662,962,426 45,055,487 1.23 217,685,000(4) 2,677,525 Prior Lake/Spring Lake Watershed District 51,530,536 36,893,707 71.60 0 0 Total Indirect Debt: $130,554,462 (1)Tax Capacity Value is after tax increment deduction and fiscal disparity adjustments. The values for Metropolitan Council and Metro Transit are for 2019/2020; the 2020/2021 values are not yet available. (2) $42,485,000 of general obligation debt has been excluded as it is payable from revenues. (3)Metropolitan Council has $8,800,000 of general obligation debt outstanding as of December 31, 2020. This debt is payable from ad valorem taxes levied on all taxable property within the Metropolitan Taxing District. This amount excludes $1,279,945,062 of general obligation debt payable from wastewater and sewer revenues, and lease agreements. (4)Metropolitan Transit has $217,685,000 of property tax supported general obligation debt outstanding as of December 31, 2020. Transit debt is issued by the Metropolitan Council for public transit operations and is payable from ad valorem taxes levied on all taxable property within the Metropolitan Transit District. Page 8.8DRAFT A-5 6. Relative Benefits and Costs of Alternative Uses of the Funds The proposed Projects could potentially be financed through the issuance of lease-revenue bonds. However, both costs of issuance and overall debt service payments would be significantly higher, since lease-revenue bonds are not general obligation debt and are therefore not as attractive to potential purchasers. The issuance of general obligation capital improvement plan bonds represents the most cost-efficient way to finance the proposed Projects. 7. Operating Costs of the Proposed Project Operating costs are not expected to be impacted to any significant degree with the proposed improvements. Repair and maintenance costs may decrease due to the roof replacement. 8. Alternatives for Providing Services Most Efficiently Through Shared Facilities with Other Municipalities or Local Government Units The proposed capital improvements are being made to maximize effective, cost-effective City facilities, and as such, there would be no greater efficiency achieved through constructing shared facilities with other local government units. IV.FINANCING THE CAPITAL IMPROVEMENT PLAN The total amount of requested expenditures under the CIP is expected not to exceed $2,945,000, including estimated cost of issuance of bonds. These expenditures are to be funded by the sale of the City’s general obligation capital improvement plan bonds not to exceed $2,945,000. In the financing of the CIP, two statutory limitations apply. Under Minnesota Statutes, Chapter 475, as amended, with few exceptions, a municipality cannot incur debt in excess of 3% of the assessor’s Estimated Market Value (“EMV”) for the municipality. In the case of a municipality with a population of 2,500 or less, the bonds are not subject to the net debt limits. The City’s 2020 population was 28,000. Therefore, the proposed general obligation capital improvement plan bonds to be issued in the years 2022 through 2026 would be subject to the debt limit. Another limitation on bonding under the Act is that without referendum, the total amount that can be used for principal and interest in any one year for CIP debt cannot exceed 0.16% of the EMV for the City. The City has portions of four outstanding series of bonds, its General Obligation Bonds, Series 2017A (the “Series 2017A Bonds”), General Obligation Bonds, Series 2018A (the “Series 2018A Bonds”), General Obligation Bonds, Series 2021A (the “Series 2021A Bonds”) and General Obligation Bonds, Series 2021B (the “Series 2021B Bonds” and together with the Series 2017A Bonds, the Series 2018A Bonds, and the Series 2021A Bonds, the “Outstanding CIP Bonds”, issued under the Act. The maximum amount of principal and interest due in any year on the Outstanding CIP Bonds, combined, is $1,116,387.50. In payable year 2021, the City’s EMV was $4,190,057,200. Therefore, the total amount available to be used to pay principal and interest on any new bonds issued under this Plan is $6,704,091 per year ($4,190,057,200 x 0.16% = $6,704,091, which is greater than the maximum amount of principal and interest due in any year on the Outstanding CIP Bonds.). Under this CIP the City may issue up to $2,945,000 in general obligation capital improvement plan bonds in the years 2022 through 2026 to finance the Projects. If the City were to issue general obligation capital improvement bonds in the maximum principal amount of $2,945,000 Page 8.9DRAFT A-6 for the Projects, the bond issue would be repaid over a period not to exceed thirty (30) years pursuant to the Act. Expected debt service on the proposed bonds for the Projects is within the statutory limits. Annual Review of the Capital Improvement Plan The City Council, using the process outlined in this CIP, plans to review this CIP annually, considering proposed expenditures, making priority decisions, and seeking funding for those expenditures it deems necessary for the City. If deemed appropriate, the City Council will prepare an update to this CIP. (The remainder of this page is intentionally blank) Page 8.10DRAFT City of Prior Lake, Minnesota Capital Improvement Program 2022 thru 2026 I.T. TECHNOLOGY PLAN PROJECTS BY DEPARTMENT AND CATEGORY Total20222023202420252026 Department Category Cable Equipment: Audio/Visual 11,650 11,650Tightrope FlexLite 340 - Control Room COMM-001 12,400 12,400Webstreaming - Control Room COMM-002 52,400 52,400Chambers Presentation - Chambers COMM-003 24,050 52,400 76,450Sub-Total 24,050 52,400 76,450Department Total: Technology I.T.- General Equipment 36,000 36,000Poll Pads - qty 28 ELEC-001 18,000 18,000Tabulators - qty 2 ELEC-002 5,500 5,500Epson Projector - Parkview TECH-EQ-002 10,600 10,600Ricoh MP C4503 - CD/Eng TECH-EQ-003 6,000 6,000NVR Milestone Husky M20 TECH-EQ-004 10,600 10,600Ricoh MP C4504 - Admin TECH-EQ-005 9,000 9,000Ricoh MP C3003 - PW TECH-EQ-006 9,500 9,500Ricoh MP C3504 - Police TECH-EQ-007 6,000 6,000Ricoh MP C2504 TECH-EQ-008 9,000 9,000HP DesignJet T1500 - CD/Eng TECH-EQ-009 18,000 18,000Ricoh W3601 Copier - CD/Eng TECH-EQ-010 79,600 32,500 20,100 6,000 138,200Sub-Total I.T.- Network Infrastructure 12,000 12,000Network Switch TECH-NW-005 15,000 15,000HP Proliant DL380 ESX01 TECH-NW-006 15,000 15,000HP Proliant DL380 ESX02 TECH-NW-007 36,000 36,000Dell SAN TECH-NW-008 12,000 66,000 78,000Sub-Total 79,600 44,500 20,100 72,000 216,200Department Total: Utility: Sewer Fund I.T.- General Equipment 8,700 10,000 18,700Technology Plan 604-3 8,700 10,000 18,700Sub-Total I.T.- Software 12,500 12,500Software Upgrade 604-5 12,500 12,500Sub-Total 8,700 22,500 31,200Department Total: Utility: Water Fund August 16, 2021Page 9.1Produced Using the Plan-It Capital Planning SoftwareDRAFT Total20222023202420252026 Department Category I.T.- General Equipment 9,000 1,500 10,500Technology Plan 601-4 9,000 1,500 10,500Sub-Total I.T.- Software 12,500 12,500Software Upgrade 601-5 12,500 12,500Sub-Total 9,000 14,000 23,000Department Total: 17,700 79,600 44,500 80,650 124,400 346,850GRAND TOTAL August 16, 2021Page 9.2Produced Using the Plan-It Capital Planning SoftwareDRAFT Table 10 Water Fund Projected Year End Cash Balance 2022 2023 2024 2025 2026 Use of Cash: Operations & Maintenance 2,285,681 2,344,089 2,399,445 2,455,852 2,513,684 Capital Improvement Projects 856,000 866,700 970,500 1,031,500 1,010,500 Interfund Transfer 334,750 341,290 312,776 408,664 253,361 Debt Service 747,525 779,100 784,300 789,000 791,950 Total Use of Cash 4,223,956 4,331,179 4,467,021 4,685,017 4,569,495 Source of Cash: Water Charges 4,682,704 4,803,476 4,926,849 5,048,868 5,173,471 Other Revenues 159,600 163,920 166,882 173,099 178,418 Bond Proceeds - - - - - Total Source of Cash 4,842,304 4,967,396 5,093,731 5,221,967 5,351,889 Net Change in Other Assets and Liabilities 25,000 (340,000) (5,000) (5,000) (5,000) Beginning Cash Balance 5,248,614 5,891,962 6,188,179 6,809,889 7,341,839 Change in Cash Balance 643,348 296,217 621,710 531,950 777,394 Ending Cash 5,891,962 6,188,179 6,809,889 7,341,839 8,119,233 Ending Cash by Purpose: For future capital improvements 3,579,842 3,752,072 4,302,671 4,815,948 5,237,147 For following year pay-go capital 866,700 970,500 1,031,500 1,010,500 1,383,000 For 3-months of operating cash 666,320 681,307 686,718 723,442 697,386 For following year debt service 779,100 784,300 789,000 791,950 801,700 Ending Cash 5,891,962 6,188,179 6,809,889 7,341,839 8,119,233 Note: Cash balances include cash and investments. Projected Page 10.1DRAFT Table 13 Sanitary Sewer Fund Projected Year End Cash Balance 2022 2023 2024 2025 2026 Use of Cash: Operations & Maintenance 1,248,363 1,273,330 1,298,797 1,324,773 1,351,268 MCES Fees 1,824,688 1,961,408 2,104,667 2,256,048 2,418,017 Capital Improvement Projects 1,019,200 885,500 1,114,500 1,267,000 1,200,030 Interfund Transfer 334,750 341,290 312,776 408,664 253,361 Debt Service 169,850 169,850 169,650 164,250 162,500 Total Use of Cash 4,596,851 4,631,378 5,000,390 5,420,735 5,385,176 Source of Cash: Wastewater Collection Revenue 5,158,335 5,397,932 5,650,260 5,911,031 6,185,732 Other Revenues 39,800 54,645 63,165 70,961 76,948 Bond Proceeds - - - - - Total Source of Cash 5,198,135 5,452,577 5,713,424 5,981,992 6,262,680 Net Change in Other Assets and Liabilities (10,000) (10,000) 25,000 (5,000) (5,000) Beginning Cash Balance 2,833,193 3,424,477 4,235,676 4,973,710 5,529,967 Change in Cash Balance 591,284 811,199 738,035 556,257 872,504 Ending Cash Balance 3,424,477 4,235,676 4,973,710 5,529,967 6,402,471 Ending Cash by Purpose: For future capital improvements 1,517,177 2,057,519 2,613,400 3,170,066 4,047,250 For following year pay-go capital 885,500 1,114,500 1,267,000 1,200,030 1,184,060 For 3-months of operating cash 851,950 894,007 929,060 997,371 1,005,662 For following year debt service 169,850 169,650 164,250 162,500 165,500 Ending Cash 3,424,477 4,235,676 4,973,710 5,529,967 6,402,471 Note: Cash balances include cash and investments. Projected Page 10.2DRAFT Table 13 Storm Water Quality Fund Projected Year End Cash Balance 2022 2023 2024 2025 2026 Use of Cash: Operations & Maintenance 686,188 699,912 713,910 728,188 742,752 Capital Improvement Projects 497,000 380,000 563,000 480,000 495,000 Interfund Transfer 118,600 113,300 128,799 213,450 154,706 Debt Service - - - - - Total Use of Cash 1,301,788 1,193,212 1,405,709 1,421,638 1,392,458 Source of Cash: Charges for service 1,193,920 1,219,704 1,245,873 1,271,399 1,297,310 Other Revenues 18,500 21,066 21,623 20,324 19,110 Bond Proceeds - - - - - Total Source of Cash 1,212,420 1,240,770 1,267,497 1,291,723 1,316,421 Net Change in Other Assets and Liabil - - - - - Beginning Cash Balance 1,787,983 1,698,615 1,746,173 1,607,961 1,478,046 Change in Cash Balance (89,368) 47,558 (138,212) (129,915) (76,037) Ending Cash Balance 1,698,615 1,746,173 1,607,961 1,478,046 1,402,009 Ending Cash by Purpose: For future capital improvements 1,117,418 979,870 917,284 747,637 874,644 For following year pay-go capital 380,000 563,000 480,000 495,000 303,000 For 3-months of operating cash 201,197 203,303 210,677 235,410 224,364 Ending Cash 1,698,615 1,746,173 1,607,961 1,478,046 1,402,009 Note: Cash balances include cash and investments. Projected Page 10.3DRAFT Page 1 of 4 DEBT ANALYSIS AND TAX IMPACT In reviewing the 2022-2026 Capital Improvement Program, the City Council should consider the level of debt as well as the annual tax impact of the scheduled projects. As of 12/31/2020, the City of Prior Lake had $36,573,796 in debt. The following chart reflects the type of debt that comprised the $36M: The 2022-2026 CIP includes projects that are planned to be funded by bond proceeds/debt. Bonds are issued for the project costs that the City is funding through tax levies as well as the costs that are specially assessed to property owners. The CIP anticipates $21,960,000 in bonding for projects in the Pavement Management Plan for 2022-2026, and the following major facility repairs, equipment replacement and water/sewer plan capital projects by year: Year Major Facility Repairs Equipment Replacements 2022 - 2023 - - 2024 600,000* - 2025 - - 2026 2,000,000 - *This is the facilities plan funding need. The city’s financial model reflects levy in advance of approximately $375,000 to reduce this bonding need in 2024. The levy in advance will be evaluated as part of the annual budget cycle. Debt Type Amount as of December 31, 2020 Purpose G.O. Special Assessments 13,655,000 Street Improvement Projects G.O. TIF Bonds 110,000 Tax Increment Project G.O. Bonds (MV)2,660,000 Referendum Project (Fire Station #2) G.O. Bonds 3,390,000 Street Reconstruction Projects G.O. Bonds 670,000 Public Works Building and CIP Projects G.O. Bonds 845,000 Equipment G.O. Revenue Bonds 8,035,000 Maintenance Facility, Water Treatment Facility & Utility Replacement Projects G.O. Capital Improvement Bonds 5,925,000 City Hall & Police Station Energy Lease Loan Payable (GESP)1,283,796 Guaranteed Energy Savings Program Projects Total 36,573,796DRAFT Page 2 of 4 The equipment replacements are as follows: The 2024 major facility expenditures are for City Hall and Police Station membrane roofing and a new parking lot at the Library/Club Prior. The 2026 major facility expenditures are for City Hall and Police Station HVAC, and Fire Station # 2 membrane roofing, There are two street projects scheduled for 2022 which includes a property tax levy (payable 2023) as listed below: Project Description Project Levy Downtown South Reconstruction $1,100,000 Fish Point Road Phase II $50,000 Summary of Projected Debt Balances The following tables reflect all bonding requirements referenced in the CIP, Transportation Plan, Facilities Management Plan, and Equipment Replacement Plan. It does NOT include the bonding that may be presented to residents by referendum for community park improvements (identified in the Park Plan). It reflects the cumulative effect of new debt issued and the retirement of existing debt. The following chart reflects the cumulative effect of new debt issued as indicated in the proposed CIP and the retirement of existing debt on a per capita basis. DRAFT Page 3 of 4 Bond Repayment through Debt Service Tax Levy: The impact of the 2022-2026 CIP and other anticipated bond payment adjustments on the debt service property tax levy are reflected in the following tables: Each year, certain bond issues mature, and the corresponding debt service payments are eliminated. The debt service increased for 2022 due to the 2021 bonding for the fire pumper replacement. Based on the proposed projects in the CIP, the debt service for 2023 and 2024 are planned to decrease as compared to the prior year. As modeled, the debt service for 2025 and 2026 are planned to increase due to the 2024 bonding for major facility repairs at City Hall and the Police Station. 2021 debt refunding - debt levy savings: The City refunded several debt issues in 2021 (2011B, 2012A and 2014A) as part of the planned 2021 bond issuance. By including the refunding with the “new money” 2021 bonding, the City will not incur separate bond issuance costs. The total refunding debt service savings was $796,350. The planned refunding resulted in an average annual debt service savings (reduction) in the debt levy of $86,926. 2022 2023 2024 2025 2026 Debt: Change in Debt Levy 119,597 (29,511) (124,838) 266,870 260,732 Projected Change in Debt Levy2022-2026 CIP DRAFT Page 4 of 4 The debt service for 2021 is already established. Bond Repayment Debt Service supported by Water and Sewer Fund Revenues: While not directly impacting the tax levy, revenues of the Water and Sewer Funds support the annual debt service for the Water Treatment Plant debt refunding bond issues, the AMRS replacement, and the Huron area street improvements. The Utility Funds financial management plan does not propose any new debt issuance for 2022-2026, based on updated 2021 utility billing rate structure approved by the Council on November 2 and based on the estimated costs of the current projects in the CIP. The projected annual debt service for the utility funds is shown below: The debt service for the utility revenue bonds is funded through the water/sewer user fees. The projected debt service levy estimated for years 2022-2026 is based on ten-year level annual debt service payments. City staff annually reviews debt service fund revenue/cash to potentially allow for a portion of the debt service tax levy to be reduced. The table below summarized the projected CIP tax levy by component. 2021 2022 2023 2024 2025 2026 Debt Service 3,559,770 3,679,366 3,649,856 3,525,017 3,791,888 4,052,620 2022-2026 CIP Projected Debt Levy 2022 2023 2024 2025 2026 Wa ter 747,525 779,100 784,300 789,000 791,950 Sewer 169,850 169,850 169,650 164,250 162,500 2022-2026 CIP Tax Levies: Projected Debt Service (funded by Utility Fund Revenues) 2022 2023 2024 2025 2026 Equipment Revolving Fund 700,000 750,000 800,000 850,000 900,000 Revolving Park Equip Fund 405,000 440,000 485,000 535,000 595,000 Facilities Management Fund 105,000 140,000 165,000 190,000 240,000 PIR Fund - - - - - Debt Service 3,679,366 3,649,856 3,525,017 3,791,888 4,052,620 Total CIP Tax Levies 4,889,366 4,979,856 4,975,017 5,366,888 5,787,620 2022-2026 CIP Tax Levies: Projected CIP Tax LevyDRAFT 6010 170th Street East Preliminary Plat, Preliminary Planned Unit Development and Rezone 170th St E GraystoneCtSECre d i t R i v e r R d S EIndustrial Cir SEWelcomeAveSE87 21 Three Rivers Park District, Esri, HERE, Garmin, INCREMENT P, NGA, USGS, Scott County GIS 12 77 44 42 27 21 87 16 23 15 18 82 78 17 79 83 14 70 X:\Planning\Location Map\Location Map Template\6010 170th Street.aprx 0 340 680 1,020 1,360 Feet Subject Properties Subject Property 237.26MB960.29PP961.04CP961.81POST960.97POST960.28CULVERT 10''957.91CULVERT 10''954.81CULVERT 10''954.69POST 957.60 POST 957.74 MB958.07CP950.52CP950.64WELL952.71GUY WIRE957.07GUY WIRE957.06GUY WIRE957.26GUY WIRE957.36GUY WIRE956.84CP952.50CP948.92CP952.50CP948.92FES 15955.18FES 15955.89FES 15956.65FES 15956.69957956959962961960959958958959 960 957958959960961962SANINV940.3TNHCPCPPOSTPOSTPOSTPOSTPOSTRW B 957.6 RW 957.2 RW 957.2RW E 956.7 RW B 955.3 RW 955.1 RW E 955.9 9529 5 1 95 0 95 1952953954 95295195094994995095195295395495595595695 7 9499 5 0 9 4 8 947947948949950951952953949 948947946945 944943943944945946946947948948947946945944944945946945945944943943944945946947 943942941959 958 957 956 95 4 95 3 952 95 1 96 1 96 0 959 958 957 956 956 957 958 957962957 956 955 956957 958 959 959 959 958957956 955960960 959 958 957956GATEBITUMINOUS SURFACEBITUMINOUS SURFACEBITUMINOUS SURFACEACCESS EASEMENT OVER THE WEST 20 FEET OF THESOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,PER DOC. NO. 266394945944943942946947948949950951952947 945944944 945 944943942943 944945944946947947B-04B-03B-02B-01B-05B-06B-07B-08BITUMINOUSBITUMINOUS94794894995095195295 3 953954955954946945950951950952953958 957956 960 961960957 BUILDINGHOUSEBUILDING170TH STREET EASTBENCHMARK -CONTROL MON.=954.81EXIST. SAN MHTC=956.1INV=940.3Kiehm Construction, Inc.8415 220th Street WestLakeville, MN 55044952-469-5600TOPOGRAPHIC SURVEYAND SITE REMOVALSPL 170TH STREET, LLCPRIOR LAKE, MNPROPERTY DESCRIPTION:The south 1391.13 feet of the west half of the Southwest Quarter of Section 6, Township114, Range 21, Scott County, Minnesota, lying west of the east 366 feet thereof, Exceptthe west 375.75 feet of the east 741.75 feet of the south 1391.13 feet of the west half ofthe Southwest Quarter of Section 6, Township 114, Range 21, Scott County, Minnesota.FUTURE REVEREEXTENSIONREMOVE BITUMINOUS PAVEMENTNORTH OF THIS POINTREMOVE STRUCTURESREMOVE OVERHEADPOWER AND POLESREMOVE BRUSH AND TREESSEAL AND CAP WELLPAVEMENTREMOVAL LIMITES(HATCHED AREA)PAVEMENT TOREMAIN MB960.29CULVERT 10''957.91CULVERT 10''954.81CULVERT 10''954.69MB958.07GUY WIRE957.07GUY WIRE957.06GUY WIRE957.26GUY WIRE957.36GUY WIRE956.84FES 15955.89FES 15956.65FES 15956.69SANINV940.3TNHRW B 957.6 RW 957.2 RW 957.2RW E 956.7 RW B 955.3 RW 955.1 RW E 955.9 ACCESS EASEMENT OVER THE WEST 20 FEET OF THESOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,PER DOC. NO. 26639420' GATE6' DECORATIVE FENCEBITUMINOUSBITUMINOUSVALLEY GUTTER AT 0.40% SLOPEVALLEY GUTTER AT 0.40% SLOPE170TH STREET EAST6' HIGH CHAIN LINK FENCE ONPROPERTY LINE5OUTLOT ALOT 1BLOCK 1DRAINAGE AND UTILITY EASEMENTEXIST. SAN MHTC=956.1INV=940.332.150.0 50.0 50.0 50.0 30.030.057.2 37.2 41.9DRAINAGE AND UTILITY EASEMENT5 PARALLEL PARKING STALLS6' HIGH CHAIN LINK FENCE ONPROPERTY LINE AROUND BASINSEXISTING PAVEDENTRANCE TO REMAIN6' DECORATIVE FENCEREPAIR DRIVE AND REPLACECULVERT AFTER UTILITYINSTALLATIONB612 CURBB612 CURBB612 CURBB612 CURB20' SLIDING GATEVEHICLE TURNING MOVEMENT30.6BEGIN CURBEND CURBEND CURBKiehm Construction, Inc.8415 220th Street WestLakeville, MN 55044952-469-5600SITE LAYOUT PLANPL 170TH STREET, LLCPRIOR LAKE, MN MB960.29CULVERT 10''957.91CULVERT 10''954.81CULVERT 10''954.69MB958.07GUY WIRE957.07GUY WIRE957.06GUY WIRE957.26GUY WIRE957.36GUY WIRE956.84FES 15955.89FES 15956.65FES 15956.69SANINV940.3TNHRW B 957.6 RW 957.2 RW 957.2RW E 956.7 RW B 955.3 RW 955.1 RW E 955.9 ACCESS EASEMENT OVER THE WEST 20 FEET OF THESOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,PER DOC. NO. 266394BITUMINOUSBITUMINOUS170TH STREET EASTOUTLOT ALOT 1BLOCK 1DRAINAGE AND UTILITY EASEMENTEXIST. SAN MHTC=956.1INV=940.3DRAINAGE AND UTILITY EASEMENTKiehm Construction, Inc.8415 220th Street WestLakeville, MN 55044952-469-5600PRELIMINARY PLATPL 170TH STREET, LLCPRIOR LAKE, MNNOTES1)UTILITIES SHOWN ARE APPROXIMATE LOCATION. LOCATIONS OF UNDERGROUND UTILITIES COMPILED FROMVISUAL EVIDENCE (FLAGGING & PAINT MARKS) AND RECORD DRAWINGS (DESIGN & AS-BUILT). CALL GOPHER STATEONE CALL AT 811 FOR ALL UTILITY, GAS LINE, AND ELECTRICAL LINE LOCATIONS PRIOR TO EXCAVATION.2)BENCHMARK - CONTROL POINT ON WEST SIDE OF PROPERTY, ELEVATION = 954.813)PROPERTY CURRENTLY ZONED R-1 (LOW DENSITY RESIDENTIAL). WILL BE REZONED TO I-1 (GENERAL INDUSTRIAL)SETBACKS:NEXT TO RESIDENTIAL = 60 FEETFRONT = 30 FEETSIDE = 10 FEETREAR =15 FEETLOT AREAS:MIN. LOT AREA =1 ACREMIN. LOT WIDTH = 150 FT.MAXIMUM HEIGHT = 45 FEET4)TOPOGRAPHIC / BOUNDARY SURVEY PERFORMED BY JACOBSON ENGINEERS & SURVEYORS IN JANUARY, 2021.5)AREA OF PROPERTY TO BE PLATTED = 593,988 SQ. FT. = 13.63 ACRESAREA DEDICATED TO ROADS= 17,956 SQ. FT.= 0.41 ACRESAREA OF LOT 1= 438,312 SQ. FT. = 10.06 ACRESAREA OF OUTLOT A= 137,720 SQ. FT. = 3.16 ACRES MB960.29PP963.13PP961.04CP961.81POST960.97POST960.28CULVERT 10''957.91CULVERT 10''954.81CULVERT 10''954.69POST 957.60 POST 957.74 MB958.07CP950.52CP950.64GUY WIRE957.07GUY WIRE957.06GUY WIRE957.26GUY WIRE957.36GUY WIRE956.84CP952.50CP948.92CP952.50CP948.92FES 15955.18FES 15955.89FES 15956.65FES 15956.69960959958957956959962961960959958958959 960 957958959960961962SANINV940.3TNHCPCPPOSTPOSTPOSTPOSTPOSTRW B 957.6 RW 957.2 RW 957.2RW E 956.7 RW B 955.3 RW 955.1 RW E 955.9 9529 5 1 95 0 95 1952953954 95295195094994995095195295395495595595695 7 9499 5 0 9 4 8 947947948949950951952953949 948947946945 944943943944945946946947948948947946945944944945946945945944943943944945946947 943942941959 958 957 956 95 4 95 3 952 95 1 96 1 96 0 959 958 957 956 956 957 958 957962957 956 955 956957 958 959 959 959 958957956 955960960 959 958 957956ACCESS EASEMENT OVER THE WEST 20 FEET OF THESOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,PER DOC. NO. 26639420' GATEFF=955.0FF=955.0FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.59 5 5 . 0 950.5 FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.5FF=951.5FF=952.0FF=952.5FF=953.0FF=953.5FF=954FF=954.5FF=955.09 5 4 . 2 9 5 5 . 0 950.2 9 5 4 . 5 950.2950.5950.8950.8 6' DECORATIVE FENCEEXIST. GRADEAT PROPERTYLINE = 942.5945944943942946947948949950951952947 945944944 945 944943942943 944945944946947947SHALLOW WETLANDBOTT. = 941.0HWL=944.4 NWL=943.0WETLANDBOTT. = 940.0NWL=943.0HWL=946.1DETENTION/SEDIMENTATIONBASINBOTTOM = 938.0NWL=943.0HWL=946.5FE=943.0FE=942.5FE=943.0B-04B-03B-02B-01B-05B-06B-07B-08BITUMINOUSBITUMINOUSSKIMMER STRUCTUREOVERFLOW=948.015" INV=943.0FE=943.012" CULVERT12" CULVERTTOP OF DETENTIONBASIN=948.5TOP OF INFILTRATIONBASIN=945.094794894995095195295 3 953954955954946945950951950952953958 957956 960 961960957TOP OF WETLANDBASIN=948.5VALLEY GUTTER AT 0.40% SLOPEVALLEY GUTTER AT 0.40% SLOPE170TH STREET EASTFE=943.06' HIGH CHAIN LINK FENCE ONPROPERTY LINEFE=943.05OUTLOT ALOT 1BLOCK 1DRAINAGE AND UTILITY EASEMENTBENCHMARK -CONTROL MON.=954.81EXIST. SAN MHTC=956.1INV=940.39 5 2 . 5 9 5 2 . 0 950.0 9 5 3 . 5 9 5 1 . 0 949.7 41.99 5 4 . 3 9 5 4 . 6 9 5 4 . 3 9 5 5 . 0 9 5 4 . 7 9 5 4 . 8 9 5 4 . 0 9 5 3 . 0B612 CURB AT 0.46% SLOPEDRAINAGE AND UTILITY EASEMENTFE=943.0FE=942.05 PARALLEL PARKING STALLS6' HIGH CHAIN LINK FENCE ONPROPERTY LINE AROUND BASINSEXISTING PAVEDENTRANCE TO REMAIN6' DECORATIVE FENCESILT FENCE ALONG PROPERTY LINES5 C.Y. RIP-RAP5 C.Y. RIP-RAP4 C.Y. RIP-RAP3 C.Y. RIP-RAPREPAIR DRIVE AND REPLACECULVERT AFTER UTILITYINSTALLATIONB612 CURBB612 CURBB612 CURBB612 CURBALL SLOPES AROUND PONDS ANDWETLANDS ARE 3:1 OR LESSEOF=947.5EOF=947.5EOF=946.5BASIN TO BE EXCAVATED FOR TEMPORARYSEDIMENT BASIN DURING MASS GRADINGTHE ENTIRE SITE WITHIN THE PROPERTY LINE WILLBE CLEARED OF ALL VEGETATION AND RE-GRADED.FUTURE CONTOURS WHEN170TH STREET IS UPGRADEDEOF=950.7EOF=950.7EOF=950.2BEGIN CURBEND CURBEND CURBKiehm Construction, Inc.8415 220th Street WestLakeville, MN 55044952-469-5600GRADING AND DRAINAGEPLANPL 170TH STREET, LLCPRIOR LAKE, MNSITE DISCHARGE: DESIGN OF STORM DRAINAGE SYSTEM IS TO DRASTICALLY LOWER POST FLOWS:EXISTING FLOWPROPOSED FLOWHWL (RETENTION)HWL (WETLAND)HWL (SHALLOW WETLAND)2-YR3.13 CFS1.31 CFS10-YR8.89 CFS2.06 CFS100-YR27.04 CFS3.17 CFS946.5946.1944.4FUTURE REVEREEXTENSION L:\21 FILES\21 SUBDIVISIONS\PRELIMINARY PLAT\Kiehm Development 170th Street\PC Report 08.09.21\6010 170th Street Report_Attach6.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum To: Nick Monserud, Project Engineer Pete Young, Water Resources Engineer From: Kris Keller, Dustin Simonson, Laura Kivisto - WSB Date: July 19, 2021 Re: PL 170th Street City Project No. DEV21-000007 WSB Project No. 10704-000 We have reviewed the updated preliminary plat documents submitted for the PL 170th Street site dated July 12, 2021 as prepared by Jacobson Engineering and Surveyors. The following documents were received: • 220049 CIVIL SET 71221.pdf • Annotated Comments 71221.pdf Comments are provided within this Memorandum and in the corresponding redlined plan set. Please note that not all comments within the plan set are in the Memorandum. We have the following comments with regards to stormwater management and engineering. General 1. Submit for and provide copies to the City of all required permits from regulatory agencies (MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, etc.) Applicant acknowledged 2. An NPDES permit is required as the site exceeds 1 acre of disturbance Applicant acknowledged Plat 1. Additional right of way and easements may be necessary as part of the 170th Street reconstruction project which may impact the extents of the proposed site and parking area on the south side. a. The City will provide additional information regarding needed right of way and easements when it is known later this month. i. Provide temporary construction easement abutting 170th Street/Credit River Road to accommodate proposed grading b. Additional discussions may be needed regarding the elevation of the site and how it will match into the proposed 170th Street project profile and cross sections at that time. PL 170th Street July 19, 2021 Page 2 L:\21 FILES\21 SUBDIVISIONS\PRELIMINARY PLAT\Kiehm Development 170th Street\PC Report 08.09.21\6010 170th Street Report_Attach6.docx Stormwater Management Abstraction volume credits may not be claimed from the wetlands as currently designed. Reasons include the presence of D soils and a depth from the bottom of the basins to the outlet elevation that exceeds 1-foot and would therefore not draw down within 48-hours as required for soils with an infiltration rate of 0.25 in/hr. 1. Rate Control a. Adherence to the rate control requirement may not be verified until all drainage area and modeling comments are completed. 2. Volume Control a. Because this area is tributary to landlocked Markley Lake, the following restricted volume control is required for that tributary area: i. Volume shall be reduced in the proposed conditions by a volume equal to or greater than 1.0 inches over all new impervious surfaces. ii. Extended duration detention is required such that the volume discharging offsite in the proposed condition not exceed the volume discharging offsite in the existing conditions in the 24-hour period following the peak of the 100-year, 24-hour rainfall event. iii. The City of Prior Lake design manual states that constructed wetlands may be used to abstract volume. The applicant must work with the City to determine the amount of volume control credit to be applied. 1. Requirements and recommendations laid out in the Minnesota Stormwater Manual shall be followed. iv. Provide documentation of all modeling and credits claimed. 3. Water Quality a. Provide modeling to show that the ponds and wetlands will result in a 60% reduction in TP and a 90% reduction in TSS from the proposed development area draining to the pond. 4. Drainage Areas a. Update the drainage area maps to include the additional offsite drainage from the east and west that enters the site. b. The eastern building and impervious area will drain east and off the site. Modify the drainage areas to reflect this. Consider adding storm sewer to pick up the water and route it to the detention basin. 5. HydroCAD Modeling a. Update the areas to reflect the drainage area map updates. b. The total modeled existing drainage area must be equal to the proposed modeled drainage area for an accurate comparison. c. The minimum allowable time of concentration value is 7 minutes (update 2P). d. The net new impervious area in the modeling (proposed minus existing) is 8.3 acres which is different from the value listed in the stormwater management report. Modify the modeling and stormwater management report to have a consistent net new impervious area value. e. Modify the outlet pipe from the detention pond to match the pipe size, slope, and length shown in the plans. PL 170th Street July 19, 2021 Page 3 L:\21 FILES\21 SUBDIVISIONS\PRELIMINARY PLAT\Kiehm Development 170th Street\PC Report 08.09.21\6010 170th Street Report_Attach6.docx f. Modify the outlet pipe from the wetland to match the pipe size, slope, and length shown in the plans. g. The starting elevations of the wetland and shallow wetland must be set at the outlet pipe elevations because the basins will function as ponds with dead storage (unless soil amendments are provided to facilitate infiltration and the basins can drawdown within 48-hours to function as an infiltration or filtration basin). h. Ensure that the HWL does not exceed the provided storage in the HydroCAD model. i. Account for the preexisting swale through the site in the existing conditions model. 6. Basin Design a. Provide Walker calculations to show that the basin has been designed with an adequate permanent pool volume (Public Works Design Manual, Section 7). b. A 10-foot wide aquatic bench with a slope of 10:1 is required below the outlet elevation of the pond. Provide cross section details to illustrate. c. The top of the berm must be 2 feet higher than the 100 -year HWL and must be modified for the shallow wetland. 7. General Drainage a. The maximum allowable length of a drainage swale is 200-feet. Modify site to meet requirements. b. Define maintenance access routes to all stormwater infrastructure and ponding areas (maximum grade of 8%, maximum 2% cross slope, minimum of 10’ wide). General Comments 1. Show wetland buffer, buffer signage, and tree preservation signage on the grading plan. [PWDM PII.2.18] Grading 1. Provide inlet or rim elevations for all catch basins on grading plan a. Provide associated EOFs 2. Verify drainage on the southern side of the westernmost building (955.0 to 955.0) a. Modify spot elevations as necessary 3. Note EOFs for the northern curbline catch basins will overflow to each other first before overflowing the curb of the westernmost catch basin. Utilities 1. Maintenance agreements between the property owner and the City will need to be provided that define the ownership and responsibilities of the utilit y services from the utility mains to the buildings. a. Owner would be responsible for the sanitary sewer service from the connection with SAN MH-S1 and for the water service from the connection with the 8” gate valve in the front drainage and utility easement. 2. Provide why the bulkheaded 15” storm sewer pipe in the eastern aisle is not terminated at the same point as the bulkheaded 27” storm sewer pipe in the center aisle. The 15” PL 170th Street July 19, 2021 Page 4 L:\21 FILES\21 SUBDIVISIONS\PRELIMINARY PLAT\Kiehm Development 170th Street\PC Report 08.09.21\6010 170th Street Report_Attach6.docx pipe is terminated at the last storm lead while the 27” is extended to the southern curb line before being bulkheaded. a. Consider using CBs or cleanouts for access, maintenance, and flushing of proposed storm sewer pipes 3. Fire official to review revised hydrant spacing for fire coverage of the buildings. a. Provide additional hydrants (maximum 300’ spacing for commercial) 4. The nearest soil boring (B-08) reports groundwater at ~944. Public sanitary sewer is proposed to be installed from around 940 to 941. a. Dewatering may be necessary and will need to follow the requirements of any water appropriation permits from the DNR. Applicant acknowledged 5. Provide all invert elevations to MH-S1 a. Label stub pipe in profile b. Label invert and plug end of stub in profile Roadway/Parking Area 1. Fire official to review revised emergency access. a. Provide turning movements for southeast corner of site. b. Show how vehicles can achieve a counter-clockwise turning direction after entering the site to be able to exit. i. The vehicle turning movement provided entering the gate does not match the type of vehicle shown in turning movements around the buildings ii. Applicant indicated that any large vehicle will have to traverse the site and exit from north going south 2. Label all curb beginnings/ends on the plan a. Provide where D412 (surmountable) curb is used on the plan or remove detail 3. Identify areas of proposed/replaced bituminous and existing bituminous to remain due to site and utility construction. a. Show full pavement removals on Site Removals Sheet (C-1) and limits on utility sheets. The full width of the road will need to be removed where disturbed. b. Update areas of existing bituminous to remain based on the additional areas to be removed due to utility installation. c. Street restoration in the 170th Street right of way will need to match the existing street section. d. Note, the geotechnical report recommends 10” aggregate base under 4” bituminous for the pavement design. The proposed bituminous pavement section has 8” aggregate base under 4”. 4. Note, typical sliding gates are 1.5 times the span they are blocking and require additional anchored posts to support the gate in the fully opened and closed positions causing potential conflicts with turning movements and traffic flow. Applicant acknowledged 5. Include concrete area around buildings and existing sanitary facilities as part of removals. PL 170th Street July 19, 2021 Page 5 L:\21 FILES\21 SUBDIVISIONS\PRELIMINARY PLAT\Kiehm Development 170th Street\PC Report 08.09.21\6010 170th Street Report_Attach6.docx SWPPP 1. Include the location of the following BMPs on the ESC plan: a. Inlet protection b. Rock construction entrance c. Perimeter control around basins Wetland 1. The development has an approved wetland delineation boundary. Based on the approved wetland delineation, the site has type 2 and 3 wetlands present within OUTLOT A. Wetlands also occur within the building site. Wetland alteration within OUTLOT A, including but not limited to grading and/or additional water will need to be approved under WCA. Wetland impacts will need to be approved under WCA prior to impacts. a. Applicant indicated that this was in process. At this time, no application has been received by the City as the LGU. The City will need to see a proposed wetland impact application that can reasonably meet WCA requirements prior to approving any overall site, grading or utility plans. 2. 7/16/21 Wetland Meeting Notes/Comments a. Meeting Attendees: Tony Kaster (Wenck/Stantec), Garry Tupy, Marty Keihm (Keihm Construction), Collin Schonecker (SWCD), Pete Young (City of Prior Lake), Nick Monserud (City of Prior Lake), Alison Harwood (WSB) b. Purpose of Project: i. Provide economic development opportunities in area ii. Provide flood storage benefit 1. Data provided does not show that there is any flood reduction benefit – no volume data provided. c. Sequencing flexibility request i. Not supported for this project as a whole 1. Wetlands are not degraded enough. 2. Future offsite development can’t be assumed to substantially degrade the wetlands – parcel to east no longer available for annexation to City of Prior Lake; any future offsite development would also need to provide sequencing for wetlands. 3. May be able to request sequencing flexibility for individual wetlands in the site – provide more information to support request. d. No Loss requests i. Not applicable for wetland #3 – swale being created through the wetland, which will remove hydrology. ii. Provide more information to support the No Loss request for wetland #1 1. Proposal shows this area as an infiltration basin. How will hydrology be maintained? PL 170th Street July 19, 2021 Page 6 L:\21 FILES\21 SUBDIVISIONS\PRELIMINARY PLAT\Kiehm Development 170th Street\PC Report 08.09.21\6010 170th Street Report_Attach6.docx 2. How will area be restored (provide exhibit) 3. How will area be maintained into the future to ensure the functions/values are improved over the current conditions? 4. Meeting from December 2020 discussed regional stormwater BMPs, providing benefit to this site and also accounting for stormwater from surrounding areas – this current proposal is site-specific. Below were the TEP comments from December 2020 with regard to applicability of the No Loss: a. Excavation is allowed in Type 2, 5, and the semi- permanently flooded areas of Type 3. b. Pretreatment would be required for it to fall into the No Loss category (2-cell system) c. Still need to show avoidance/minimization d. Design should also include elements that would make it more natural (gradual slopes, undulating bottom, native seeding, etc.) 5. Avoidance/minimization has not been shown – the plan involves the grading of the entire wetland. e. Consider offsite impacts i. Will there be secondary impacts to the offsite portions of Wetlands 1, 3, or 4? If so, those areas need to be mitigated for. ii. Show those areas on impact exhibit and provide a discussion. f. Provide alternatives that reduce impacts/impact minimization efforts: i. Can sedimentation basin/unit layout be revised to avoid or minimize impacts to wetland #2? ii. Can infiltration methods be provided in an alternative location to minimize impacts to wetland #1? Infiltration will not be allowed on type D soils within existing wetlands – this comment has been provided multiple times during our engineering review. Find a more suitable location for infiltration BMPs on the site. City will work with applicant/engineer to look at alternatives to meet stormwater requirements. g. Next steps: i. Provide additional information to TEP related to the items discussed above: 1. Flood reduction benefit a. Volume requirements need to be met as it relates to stormwater design. Unless the proposed design is going above and beyond the stormwater requirements, this is not a benefit. b. Rate control reduction is not a flood reduction benefit. 2. Inclusion of No Loss impacts in purchased mitigation calculation PL 170th Street July 19, 2021 Page 7 L:\21 FILES\21 SUBDIVISIONS\PRELIMINARY PLAT\Kiehm Development 170th Street\PC Report 08.09.21\6010 170th Street Report_Attach6.docx 3. Provide more information regarding the applicability of the No Loss for wetland 1, or if not feasible add those impacts to purchased mitigation calculation 4. Account for offsite impacts or provide data supporting that offsite impacts will not occur (wetlands 1, 3, and 4) 5. Avoidance/impact minimization alternatives ii. City will notice the application (expected week of 7/19) 1. Note: replacement plans require Council approval Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Memo The Community Development Department has reviewed the Preliminary Plat and PUD plans for the subject project with a Professional Engineer and Land Surveyor signature date of July 12, 2021 and we have the following comments. General ➢ Development Fees – The following development fees, based on a total net acreage of 10.06 acres, are to be collected prior to recording of any approved 2021 final plat application: o Park Dedication ($9,000/net acre) = $90,540 o Trunk Water ($3,840/net acre) = $38,630.40 o Trunk Sanitary Sewer ($4,700/net acre) = $47,282 o Trunk Storm Sewer ($8,615/net acre) = $86,666.90 o 6% administrative fee and 8% construction observation escrow amounts are unknown currently. These costs will be based on public construction costs (which include landscaping, streets, public trails, and public utilities) ➢ Warranty Deeds – Submit draft warranty deeds for any future public ownership Outlots with Final Plat application. Preliminary Plat / PUD Plan ➢ Zoning Modifications – Applicant requested PUD zoning modification to the typical I-1, General Industrial zoning requirement in the following area: o Building setback adjacent to residentially zoned property: ▪ Minimum required – 60 feet ▪ Minimum proposed – 20 feet ➢ Self-Service Storage is a use permitted with conditions in the I -1, General Industrial district. Conditions include: a. No compartment doors shall be allowed on a building façade which faces property in a residential zoning district. b. No areas on site shall be utilized as residential living units c. Maximum building height shall be two (2) stories or 35 feet, whichever is less. d. If the proposed building(s) are within 100 feet of an abutting property which is used or zoned residential, a minimum six (6) foot tall fence, wall, or berm shall screen the buildings from the adjacent residential use. Screening shall be 100% opacity in the form of a fence, wall, or berm along any area visible from any property in a residential Zoning District. Privacy slats, wind screening or other fence inserts, commonly used with chain link fencing, shall not be used to achieve this screening requirement. Date: August 5, 2021 To: Kiehm Construction, Inc. - Marty Kiehm, Pat Pollard From: Casey McCabe, Community Development Director Subject: 6010 170th Street East Preliminary Plat, PUD, and Rezoning City Project #PDEV21-000002 e. No outdoor storage is permitted on site, including but not limited to vehicles, recreational vehicles, portable storage units, and construction materials. f. No storage of hazardous, explosive, of flammable materials is permitted. g. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on site. h. Amplified music/sound, auctions, wholesale, retail sales and garage sales are not permitted. i. Exterior materials shall be in accordance with the design requirements of the Zoning Code. Building colors shall consist of subtle, neutral, muted colors with low reflectance which complement the principal materials. No more than five (5) percent of each building façade can consist of bright or franchise colors. j. All self-service storage facility buildings must be located a minimum of 300 feet from a state highway or county-state aid highway. Grading Plan • The developer shall obtain a grading permit from the City Engineering Department prior to any grading or tree removal on the site. The developer shall address all grading, stormwater and wetland comments in the July 19, 2021 City Engineering & Public Works Department Memorandum to the satisfaction of the City Engineer prior to any site work or issuance of a grading permit for the property. • Proposed pavement within drainage and utility easement on west side of the property will need to be further evaluated related to parking setback and drainage path. Tree Preservation / Landscape Plan ➢ A landscaping plan, which conforms to Section 1145.300 (Landscaping and Screening) of Prior Lake City Code shall be prepared and certified by a registered landscape architect and submitted with the Final Plat and Final PUD application. ➢ A Tree Preservation and Restoration Plan, which conforms to Section 1145.500 (Tree Preservation and Restoration) of Prior Lake City Code shall be prepared and submitted with the Final Plat and Final PUD application. Building Elevations ➢ Building design and materials will need to conform with Multi-Family, Commercial and Industrial Standards in Subsection 1144.200 of Prior Lake City Code.