The URL can be used to link to this page

Home My WebLink About_06 05 2023 City Council Agenda Packet 4646 Dakota Street SE Prior Lake, MN 55372 City Council Meeting at City Hall Monday, June 5, 2023 City Council Work Session Agenda 6:00 p.m. 1. DISCUSSION ITEM(S) A. City Council Meeting Dates (30 Mins) B. Update on Outstanding Legal Matters (15 Mins) C. Emerging Issues (15 Mins) City Council Meeting Agenda 7:00 p.m. Reports included with this agenda can be found in the Document Center by clicking here or at https://www.priorlakemn.gov/ \\Doc Center\\City of Prior Lake\\City Council, Planning Commission and Advisory Committees\\City Council\\City Council Agenda Packets\\2023\\06 05 2023 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 2. PUBLIC FORUM The public forum is intended to afford the public an opportunity to address concerns to the City Council. The public forum will be no longer than 30 minutes in length and each presenter will have no more than five (5) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the public forum that are on the agenda. However, topics that are the subject of a public hearing are best addressed at the public hearing, not at public forum. Therefore, topics may not be addressed at public forum if: (I) the topic has been the subject of a public hearing before the City Council or any City Advisory Committee and the Council has not acted on the topic; or (ii) if the topic is the subject of a public hearing for which notice has been published in the City’s official newspaper, or a continued public hearing or public information hearing before the City Council or any City Advisory Committee. During public forum, a member of the public may request that the City Council consider removing an item from the Consent Agenda following the procedure set forth in Section 401.5. The City Council may discuss but will not take formal action on public forum presentations. Matters that are the subject of pending litigation are not appropriate for the forum. 3. APPROVAL OF AGENDA 4. MINUTES A. Approval of the May 15, 2023 City Council Meeting Minutes 5. CONSENT AGENDA Those items on the Council Agenda which are considered routine or non-controversial are included as part of the Consent Agenda. Unless the Mayor or a council member specifically requests that an item on the Consent Agenda be removed and considered separately, items on the Consent Agenda are considered under one motion, second and vote. Any item removed from the consent agenda shall be placed on the council agenda under Items Removed Consent Agenda Items. A. Approval of Claims Listing B. Approval of April 2023 Treasurer's Report C. 2023 Refuse Hauler License Renewal D. Resolution Approving 2023-2024 Liquor License Renewals E. Resolution Accepting Public Improvements for the Bluffs of Shady Beach Development (DEV2013-00078) F. Resolution Authorizing the Purchase of a Tractor with Pull-Behind Mower, Snowblower and Plow Attachments G. Resolution Accepting Public Improvements for the Summit Preserve 1st and 2nd Additions (DEV16-000001) H. Resolution Approving a Private Use of Public Property Permit for Stanley & Wencl, LLC I. Resolution Appointing Michael Tennison to Serve as a Regular Voting Member on the Planning Commission J. Approve Minnesota Department of Natural Resources Conservation Partners Legacy Program Grant Contract Agreement 6. PRESENTATIONS 7. PUBLIC HEARINGS 8. OLD BUSINESS 9. NEW BUSINESS A. Resolution Approving a Minor Amendment to the Preserve at Jeffers Pond PUD, a Resolution Approving a Final PUD Plan, and a Resolution approving the Final Plat and Development Agreement for Jeffers Pond Ninth Addition B. Approval of an Ordinance Amending Prior Lake City Code Subsection 1122.300, Land Use Definitions and Conditions, Related to the Pixie Point Homeowners Association Dock C. Resolution Approving a Dock Modification for the Watersedge Townhomes Association in Boudins Bay 10. REMOVED CONSENT AGENDA ITEMS 11. COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS 12. OTHER BUSINESS 13. ADJOURNMENT ITEM: 4A CITY COUNCIL AGENDA REPORT MEETING DATE: June 5, 2023 PREPARED BY: Heidi Simon, City Clerk PRESENTED BY: Heidi Simon AGENDA ITEM: Approval of the May 15, 2023 City Council Meeting Minutes RECOMMENDED ACTION: Approval of the May 15, 2023 City Council Meeting Minutes as presented. ALTERNATIVES: 1. Motion and second to approve the May 15, 2023 City Council Minutes as presented. 2. Motion and second to review or revise the May 15, 2023 City Council Minutes. ATTACHMENTS: 1. 05 15 2023 City Council Minutes City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL MEETING MINUTES May 15, 2023 1. CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors Braid, Burkart, Churchill and Lake. Absent: None. Also in attendance was City Manager Wedel, City Attorney Kendall, Police Chief Duggan, Finance Director Erickson, Public Works Director Brotzler and Clerk Simon. MOTION BY BURKART SECOND BY LAKE TO MOVE UP ITEM 6A TO THE FIRST AGENDA ITEM- FLAG EXCHANGE WITH THE SHAOKPEE MDEWANANTON SIOUX COMMUNITY. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. A. Flag Exchange with the Shakopee Mdewakanton Sioux Community Mayor Briggs presented the item. Recess for photos called at 7:10 pm. The meeting was reconvened at 7:14 pm. 2. PUBLIC FORUM None. 3. APPROVAL OF AGENDA MOTION BY BRAID SECOND BY CHURCHILL, TO APPROVE THE AGENDA WITH MODIFICA- TION TO ITEM 6A. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 1 4. APPROVAL OF CITY COUNCIL MEETING MINUTES A. Approval of the May 1, 2023, City Council Minutes MOTION BY BRAID SECOND BY CHURCHILL, TO APPROVE THE MAY 1, 2023, MEETING MINUTES AS PRESENTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☒ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 5. CONSENT AGENDA A. Approval of Claims Listing B. Approval of the April Building Permit Summary Report C. Approval of the Animal Control Services Report- April 2023 D. Resolution 23-73 Approving 2023 Trail Maintenance Services through the County-Led Trail Maintenance Program (CLTMP) E. Resolution 23-74 Accepting Public Improvements for the Haven Ridge 1-4 Developments F. Approve Update to Memorandum of Agreement with Prior Lake Spring Lake Watershed District G. Resolution 23-75 Approving Note Allonge (Amendment) for LIBOR modification for Shepards Path Conduit Debt H. Resolution 23-76 Approving 2023 Street Maintenance Services Through the South Metro Joint Powers Agreement (JPA) I. Resolution 23-77 Approving Work Order for Sewer Lining Project (CP 2021-14) J. Resolution 23-78 Approving Work Order for the 2023 Lift Station Rehabilitation Project K. Resolution 23-79 Approving Amendments to the Prior Lake Economic Development Authority Bylaws L. Resolution 23-80 Approving Amendments to the Prior Lake Planning Commission Bylaws M. Resolution 23-81 Approving Work Order – Professional Services for Trunk Highway 13 Trail Segment 5 (Anna Trl to Pleasant St SE) (CP 2020-02) N. Resolution 23-82 Approving Change Order No. 1 for the 2023 Sidewalk Maintenance Project (2023-11) MOTION BY BRAID SECOND BY LAKE, TO APPROVE THE CONSENT AGENDA AS PRE- SENTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 2 05 15 2023 City Council Meeting Minutes 6. PRESENTATIONS B. Proclaim May 21-27, 2023 As Public Works Week in Prior Lake Mayor Briggs presented the item. C. Proclamation Declaring May as Mental Health Awareness Month Councilor Churchill presented the item. D. 2022 Annual Financial Report and Management Letter Finance Director Erickson presented the item. MOTION BY BRIGGS SECOND BY BURKART, TO APPROVE RESOLUTION 23-83 ACCEPTING THE 2022 ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER AS SUBMITTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 7. PUBLIC HEARINGS None. 8. OLD BUSINESS None. 9. NEW BUSINESS None. 10. Removed Consent Agenda Items None. 11. COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS Lake: 5/5 Executive SCALE Meeting, 5/12 SCALE General Meeting, 5/12 Agenda Review Churchill: 5/3 Chamber of Commerce Board Meeting, 5/8 Planning Commission Meeting, 5/11 Ladies Night Out, 5/12 SCALE General Meeting and Agenda Review Burkart: 5/2 County Board Meeting, 5/8 Suburban Transit Association Board Meeting, 5/8 Quarterly Annexation Meeting, 5/10 MVTA Board Member Lunch, 5/11 Highway 169 Corridor Coalition Offic- ers Meeting, 5/12 Agenda Review and MVTA Management Meeting 3 05 15 2023 City Council Meeting Minutes Braid: 5/2 Scott County Board Meeting, 5/8 Quarterly Annexation Meeting, 5/8 Economic Develop- ment Authority Meeting, 5/12 Agenda Review Briggs: 5/8 Regional Council of Mayors Meeting, 5/8 Economic Development Authority Meeting, 5/10 Optimist Youth Appreciation Lunch, 5/10 Ribbon Cutting at Rhino Wine Bar, 5/12 Agenda Review 12. OTHER BUSINESS None. 13.ADJOURNMENT MOTION BY CHURCHILL, SECOND BY BRAID, TO ADJOURN THE MEETING AT 7:46 p.m. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Respectfully Submitted, Jason Wedel, City Manager 4 05 15 2023 City Council Meeting Minutes Payments Issued 5/6/2023 - 5/23/2023 DateChecksACHEFTTotal 5/8/2023 4,451.34 4,451.34 5/10/2023 97,319.40 97,319.40 5/11/2023 9.22 9.22 5/12/2023 129,417.94 295,610.44 425,028.38 5/15/2023 6.00 6.00 5/16/2023 662.52 662.52 5/19/2023 55,460.82 23,266.34 2,808.67 81,535.83 5/22/2023 22,139.07 22,139.07 5/23/2023 377,338.39 53,793.01 431,131.40 562,217.15 372,669.79 127,396.22 1,062,283.16 ITEM: 5A CITY COUNCIL AGENDA REPORT MEETING DATE: June 05, 2023 PREPARED BY: Janet Ringberg, Accounting Specialist PRESENTED BY: Cathy Erickson, Finance Director AGENDA ITEM: Approval of Claims Listing RECOMMENDED ACTION: Adopt claims listing as presented. BACKGROUND: The current claims listing is a check register which includes a chronological listing of payments issued (check, EFT, ACH, and wires) with the associated vendor and description of the claim paid. The option to include a general ledger account number is not available with this report. ALTERNATIVES: 1. Motion and second as part of the consent agenda to adopt the claims list as presented. ATTACHMENTS: 1. 5A Claims Listing 06 05 2023 City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 CHECK REGISTER FOR CITY OF PRIOR LAKE 1/8Page: 05/30/2023 11:45 AM User: jringberg DB: Prior Lake CHECK DATE FROM 05/06/2023 - 05/23/2023 AmountDescriptionVendor NameVendorCheckCheck Date Bank 1 General Bank 1,850.99 2023 Dental ClaimsDELTA DENTAL000272139896(E)05/08/2023 2,600.35 Apr 2023 Merchant FeesINVOICE CLOUD000280919897(E)05/08/2023 96,792.73 May 2023 Health Insurance PremiumsMEDICA000133259898(E)05/10/2023 526.67 Apr 2023 Merchant Card FeesTRANSFIRST000206939899(E)05/10/2023 9.22 May 2023 COBRA Vision PremiumsEYEMED000279179900(E)05/11/2023 273.75 ElectroCut Film, Red3M0002686211208305/12/2023 1,170.00 Reflective Sheeting 1,443.75 109.00 8503 Alternator repair A & B AUTO ELECTRIC INC0000101011208405/12/2023 2,162.00 Return Escrow - New Creations ChildcareAMCON CONSTRUCTIONREFUND-ENG11208505/12/2023 144.06 UB refund for account: 10462902AMENDA DUSTINREFUND-UB11208605/12/2023 54.42 UB refund for account: 10671800ANDERSON RICHARDREFUND-UB11208705/12/2023 75.00 Mailbox ReimbursementANDY WOLFRAMREF MAIL B11208805/12/2023 75.00 Mailbox ReimbursementANNALISE MCLAINREF MAIL B11208905/12/2023 134.75 Water FiltersARAMARK REFRESHMENT SERVICES0000177211209005/12/2023 185.69 Coffee 320.44 1,201.95 FF UniformsASPEN MILLS0000189111209105/12/2023 95.26 May 2023 Cell Phone BillsAT&T MOBILITY0002819111209205/12/2023 299.25 FF Background ChecksBCA/STATE OF MINNESOTA0000293311209305/12/2023 676.92 Apr 2023 Lawn Care - City HallBIRD'S LAWN CARE0002816411209405/12/2023 1,125.54 Apr 2023 Lawn Care - MC 1,125.54 Apr 2023 Lawn Care - WTF 676.92 Apr 2023 Lawn Care - PD 979.26 Apr 2023 Lawn Care - FS2 4,584.18 75.00 Mailbox ReimbursementBOB AND THEA FLUHRERREF MAIL B11209505/12/2023 14.64 UB refund for account: 40755103BONAHOOM ROBERTREFUND-UB11209605/12/2023 31.71 UB refund for account: 10136401BUTLER ELIZABETHREFUND-UB11209705/12/2023 455.00 Pre-Employment TestingCAMPION BARROW0002759511209805/12/2023 75.00 Mailbox ReimbursementCHRIS LYONSREF MAIL B11209905/12/2023 75.00 Mailbox ReimbursementCHRISTI HEITZMANREF MAIL B11210005/12/2023 75.00 Mailbox ReimbursementCHRISTIAN AND STEPHANIE HULTINGREF MAIL B11210105/12/2023 55.50 23-0456 17080 Maple LaneCHRISTOPHER LYONSMISC-CD11210205/12/2023 17.42 FS2 1st Aid SuppliesCINTAS CORPORATION0000350611210305/12/2023 30.78 Lakefront Pavilion 1st Aid Supplies 161.41 Mtce Center 1st Aid Supplies 7.15 Club Prior 1st Aid Supplies 20.94 PD 1st Aid Supplies 237.70 205.42 Door Hangers - Water Shut OffCREATIVE GRAPHICS0000393011210405/12/2023 558.04 Wire Rope AssemblyCUSTOM TRUCK ONE SOURCE0002837211210505/12/2023 300.00 Mailbox ReimbursementDEAN AND KARI DOLEZALREF MAIL B11210605/12/2023 1,424.97 Street SweepingsDEM-CON LANDFILL LLC0000436011210705/12/2023 2,922.34 FS #1 Oven CabinetDESIGNED CABINETS INC0002827211210805/12/2023 2,189.84 May 2023 RefuseDICK'S SANITATION INC0002791811210905/12/2023 130.96 UB refund for account: 10686801DUOOS KATIEREFUND-UB11211005/12/2023 29.42 UB refund for account: 40658400DVORAK LOU ANNREFUND-UB11211105/12/2023 CHECK REGISTER FOR CITY OF PRIOR LAKE 2/8Page: 05/30/2023 11:45 AM User: jringberg DB: Prior Lake CHECK DATE FROM 05/06/2023 - 05/23/2023 AmountDescriptionVendor NameVendorCheckCheck Date 75.00 Mailbox ReimbursementERIC PLANREF MAIL B11211205/12/2023 1,156.42 Water MetersFERGUSON WATERWORKS #25160000623111211305/12/2023 68.45 UB refund for account: 10445202FREESE HARLYNREFUND-UB11211405/12/2023 730.00 TiresGOODYEAR COMMERCIAL TIRE0000751011211505/12/2023 112.49 Wilds Booster Station PartsGRAINGER INC0002303011211605/12/2023 22.03 UB refund for account: 20720900GRAY STUART & PATREFUND-UB11211705/12/2023 75.00 Mailbox ReimbursementGREG PEDERSENREF MAIL B11211805/12/2023 21.27 UB refund for account: 40710203GRUND JEFFREY/MARSHAREFUND-UB11211905/12/2023 24.02 UB refund for account: 30895201HANSON CHANTELREFUND-UB11212005/12/2023 1,268.40 High Service Pump #1 VFD RepairHAYES ELECTRIC INC0000831511212105/12/2023 1,647.40 Security Light Install - North Water Tow 2,915.80 17.22 UB refund for account: 30389402HENDRICKSON CASEYREFUND-UB11212205/12/2023 2,559.14 Apr 2023 Misc SuppliesHOME DEPOT CREDIT SERVICES0000886511212305/12/2023 215.00 Permit LabelsIMPRINTS LABEL & DECAL0002796111212405/12/2023 40.00 UB refund for account: 10223398IVERSON ALANREFUND-UB11212505/12/2023 75.00 Mailbox ReimbursementJIM AND ANNE DIETRICHREF MAIL B11212605/12/2023 200.00 Mailbox ReimbursementJOHN ANDERSONREF MAIL B11212705/12/2023 62.76 UB refund for account: 30023003JONES DANIELLE AND JOHNREFUND-UB11212805/12/2023 29.94 UB refund for account: 40736302JONES DURWINREFUND-UB11212905/12/2023 100.00 Water Efficiency RebateJOSEPH HARBISONREFUND-MSC11213005/12/2023 2,290.46 CSAH 21/Revere KIMLEY-HORN & ASSOCIATES INC0001137211213105/12/2023 6,580.00 Dehumidifier Repair - WTFKLAMM MECHANICAL CONTRACTORS INC0002690411213205/12/2023 1,530.00 Tube Heater Ignitor 8,110.00 70.25 UB refund for account: 40851300KOOTENIA HOMES LLCREFUND-UB11213305/12/2023 21.02 UB refund for account: 20779601KORKOWSKI RONALD & SUSANREFUND-UB11213405/12/2023 10,125.00 FF Pre-employment TestingMARTIN MCALLISTER INC0002704211213505/12/2023 121.77 Parts - PDMENARDS LUMBER CO0001331811213605/12/2023 21.72 Plow Repair 143.49 3,000.00 5/19/2023 Music in the ParkMJ PRODUCTIONS0002837711213705/12/2023 780.00 Wastewater Operator TrainingMN POLLUTION CONTROL AGCY0001385011213805/12/2023 67.13 LumberMONNENS SUPPLY INC0001390911213905/12/2023 95.80 Lumber 162.93 187.87 UB refund for account: 30023077MORFIN MELLISAREFUND-UB11214005/12/2023 108.00 Pre-Employment Credit CheckMULTIHOUSING CREDIT CONTROL0001396811214105/12/2023 4.82 UB refund for account: 20216400NELSON RANDY ROSSREFUND-UB11214205/12/2023 5,104.99 Fire Station #1 RemodelOERTEL ARCHITECTS0001515511214305/12/2023 14.67 UB refund for account: 30288800PANY STEVEREFUND-UB11214405/12/2023 1,200.00 2023 Annual LicensePLAN IT SOFTWARE LLC0002837811214505/12/2023 14.65 UB refund for account: 30875701POKHAREL PUSKALREFUND-UB11214605/12/2023 486.00 472 Diagnostic POWERPLAN0002243511214705/12/2023 2,226.25 Landscape SuppliesRAMY TURF PRODUCTS0001817311214805/12/2023 259.67 UB refund for account: 30938401RANDALL MICHAELREFUND-UB11214905/12/2023 75.00 Mailbox ReimbursementROBERT KROSNOWSKIREF MAIL B11215005/12/2023 75.00 Mailbox ReimbursementRUBENS PESSANHA FILHOREF MAIL B11215105/12/2023 75.00 Mailbox ReimbursementSEAN AND LURAE MACKREF MAIL B11215205/12/2023 47,017.40 Apr 2023 Water PurchasesSMSC0001938411215305/12/2023 176.64 Apr 2023 Legal NoticesSOUTHWEST NEWS MEDIA0001967611215405/12/2023 CHECK REGISTER FOR CITY OF PRIOR LAKE 3/8Page: 05/30/2023 11:45 AM User: jringberg DB: Prior Lake CHECK DATE FROM 05/06/2023 - 05/23/2023 AmountDescriptionVendor NameVendorCheckCheck Date 1,652.00 May 2023 Portable Toilets - LakefrontSPECIALIZED SANITATION0001970311215505/12/2023 35.69 UB refund for account: 40771702STEINHAUER HEATHERREFUND-UB11215605/12/2023 75.00 Mailbox ReimbursementSTEVE GERHARDTREF MAIL B11215705/12/2023 412.96 Grundei - Initial UniformSTREICHERS0001990011215805/12/2023 283.99 Gillispie - Initial Uniform 179.00 Gillispei - Initial Uniform 412.96 Gillispie - Initial Uniform 283.99 Grundei - Initial Uniform 434.97 Weapon Light 283.99 Lannon - Initial Uniform 63.88 Duggan - Uniform 153.96 Duggan - Uniform 1,512.00 Griffin - Ballistic Vest 209.99 Hageman - Uniform 1,368.00 O'Donnell - Ballistic Vest 62.00 Grundei - Initial Uniform 1,404.01 Norcia - Initial Uniform 299.00 Sgt Stripes 11.99 Norcia - Initial Uniform 565.26 Norcia - Initial Uniform 69.97 Duggan - Uniform 220.97 Duggan - Uniform 67.98 Karfa - Uniform 421.98 Norcia - Initial Uniform 41.60 Norcia - Initial Uniform 74.99 Holster 79.99 Duty Hat 1,729.99 Adelmann - Ballistic Vest 44.00 Uniform Alterations 601.98 Adelmann - Uniform 1,730.32 Hatzenbeller - Initial Uniform 194.99 Hatzenbeller - Initial Uniform 167.49 Badge 134.00 H wedel - Uniform 5.99 Haztenbeller - Initial Uniform 13,528.19 695.20 Training AmmoSUNSET LAW ENFORCEMENT0002786711215905/12/2023 1,042.80 Training Ammo 1,738.00 75.00 Mailbox ReimbursementTAD ELLREF MAIL B11216005/12/2023 13.31 UB refund for account: 10073001TANDE ENTERPRISESREFUND-UB11216105/12/2023 21.56 UB refund for account: 40668200TENORIO FABIOREFUND-UB11216205/12/2023 238.65 UB refund for account: 30420400THEIS MIKEREFUND-UB11216305/12/2023 75.00 Mailbox ReimbursementTIM AND MEGAN MAHERREF MAIL B11216405/12/2023 375.00 MN Roadway Maint ConfUNIVERSITY OF MINNESOTA0002177011216505/12/2023 7.80 UB refund for account: 40168201VAN HOOMISSEN MATT & PEGGYREFUND-UB11216605/12/2023 75.00 Mailbox ReimbursementVERNON HEIREF MAIL B11216705/12/2023 1,791.35 Blinds - PD & Hart OfficeVIKING BLINDS0002725011216805/12/2023 34.32 Electric - 4528 Colorado StXCEL ENERGY0001472011216905/12/2023 33.57 UB refund for account: 20225201YAEGER SARAHREFUND-UB11217005/12/2023 9,356.00 Marsh Drive ExtensionBOLTON & MENK INC000026379901(A)05/12/2023 3,177.50 21/13 Improvements 12,533.50 CHECK REGISTER FOR CITY OF PRIOR LAKE 4/8Page: 05/30/2023 11:45 AM User: jringberg DB: Prior Lake CHECK DATE FROM 05/06/2023 - 05/23/2023 AmountDescriptionVendor NameVendorCheckCheck Date 1,676.95 466 NOX sensor repair BOYER FORD TRUCKS INC000027109902(A)05/12/2023 5,022.00 Apr 2023 General MattersCAMPBELL KNUTSON PA000280439903(A)05/12/2023 1,456.75 Apr 2023 Litigation 216.00 Apr 2023 Simms Ct Retaining Wall 6,694.75 2,705.34 Tuition ReimbursementCHRISTOPHER SCHAEFER000281039904(A)05/12/2023 46.50 IT SupportCOMPUTER INTEGRATION TECH000037609905(A)05/12/2023 734.81 Valve SeatCORE & MAIN000273289906(A)05/12/2023 306.68 8311 and 8314 strobe lamps EMERGENCY AUTOMOTIVE TECH INC000054809907(A)05/12/2023 324.37 7299 Strobe lamps 631.05 599.50 BootsFIRE EQUIPMENT SPECIALTIES INC000064559908(A)05/12/2023 32.68 459 Oring FORCE AMERICA000067739909(A)05/12/2023 675.00 Apr 2023 LocatesGOPHER STATE ONE-CALL INC000075259910(A)05/12/2023 273.67 535 and 426 Decals GRAFIX SHOPPE000076159911(A)05/12/2023 18,140.57 Water Treatment ChemicalsHAWKINS INC000083129912(A)05/12/2023 971.44 Apr 2023 UniformsHUEBSCH000275369913(A)05/12/2023 1,901.50 ExactLogic RepairHUMERATECH000271849914(A)05/12/2023 23.88 Gel PensINNOVATIVE OFFICE SOLUTIONS LLC000271499915(A)05/12/2023 4.67 Coffee Creamer 41.36 Footrest 69.91 102.58 Eklay Sensor Replacement & Solenoid ValvKULLY SUPPLY INC000119409916(A)05/12/2023 150.00 Safety Boots 2023LEE KAROW000111369917(A)05/12/2023 44.58 519 Sander pins LITTLE FALLS MACHINE INC000127059918(A)05/12/2023 871.00 Panic Bar - FS1LOCKSAFE 000108559919(A)05/12/2023 377.90 Hi Power DegreaserM/A ASSOCIATES INC000130089920(A)05/12/2023 4,218.35 Apr 2023 UnleadedMANSFIELD OIL COMPANY000131329921(A)05/12/2023 463.48 Repair Ricoh MP C3504METRO SALES INCORPORATED000133869922(A)05/12/2023 231.38 504 TensionerMTI DISTRIBUTING INC000139519923(A)05/12/2023 9.84 PartsNOVAK COMPANIES000149009924(A)05/12/2023 235,200.00 2023 Tax Assessment ContractSCOTT COUNTY000192129925(A)05/12/2023 1,454.16 PW Certificate ProgramSTEVEN KVAM000279429926(A)05/12/2023 277.20 E. Coli TestingUC LABORATORY000212359927(A)05/12/2023 795.78 Baby Changing StationsULINE000212509928(A)05/12/2023 249.84 Dog Waste Bags 1,045.62 205.10 PartsVIKING ELECTRIC SUPPLY000226309929(A)05/12/2023 128.34 Nut Connector 333.44 327.20 AsphaltWM MUELLER & SONS INC000236459930(A)05/12/2023 1,137.34 Asphalt 1,464.54 1.77 7102 Repair WOLF MOTOR CO INC000236759931(A)05/12/2023 62.77 453 Tailgate Wiring Assembly CHECK REGISTER FOR CITY OF PRIOR LAKE 5/8Page: 05/30/2023 11:45 AM User: jringberg DB: Prior Lake CHECK DATE FROM 05/06/2023 - 05/23/2023 AmountDescriptionVendor NameVendorCheckCheck Date 68.83 TPMS Sensor Kits 141.46 453 Tailgate wiring harness 735.90 8316 Muffler Assembly 6.20 7102 O ring 299.56 8317 Door repair 57.75 8317 Window repair 1,374.24 65.00 Pest Control - FS #1XTREME PEST SOLUTIONS INC000271169932(A)05/12/2023 65.00 Pest Control - FS #2 130.00 174.96 474 Roller mats ZIEGLER INC000265009933(A)05/12/2023 6.00 May 2023 Electric BillSHAKOPEE PUBLIC UTILITIES000193889934(E)05/15/2023 662.52 2023 Dental ClaimsDELTA DENTAL000272139935(E)05/16/2023 652.00 Pager BatteriesANCOM COMMUNICATIONS INC0000165411217105/19/2023 2,500.00 21-2275 3889 Noah Court NWFIELDSTONE FAMILY HOMES MISC-CD11217205/19/2023 180.00 Feb 2022 Yoga InstructorGWENDOLYN SCHMID0002798411217305/19/2023 2,500.00 21-1259 3931 Noah Court NWJOHNSON REILAND BUILDERSMISC-CD11217405/19/2023 100.00 Chalkfest Down PaymentKIDSDANCE0001134711217505/19/2023 23,032.00 2nd Qtr 2023 State SurchargeMN DEPT OF HEALTH0001361811217605/19/2023 166.95 Apr 2023 Interpreter ServicesOFFICE OF MN IT SERVICES0000439611217705/19/2023 376.46 R Freiberg Leave PurchasePERA0002837111217805/19/2023 191.66 Misc SuppliesSAM'S CLUB0001903611217905/19/2023 70.00 Lakefront Pavilion QR Code SignSDDI SIGNS0002758511218005/19/2023 202.00 Tow 2017 Ford Explorer #266651SHAKOPEE TOWING0002838011218105/19/2023 1,260.00 Chalkfest DownpaymentSTARBURST ARTS LLC0002838311218205/19/2023 75.00 Ritter - DMT-G RecertificationUS BANK0000210511218305/19/2023 8.58 Training Supplies 107.88 Office Supplies 7.00 Crime Scene Supplies 149.98 Schaeer - Vest Carrier 32.16 Hatzenbeller - ATV Course 8.98 Water - Training 121.00 Wedel - Meals 120.00 Wedel - Dues 45.63 Agenda Review - JW,KB,KC 119.88 2023 Annual Subscription 59.15 Air Fresheners 109.96 Garden Hoses 25.84 Sharps Container 206.42 Castor Wheels 317.26 Center Console 6.42 Keys - 4664 Dakota St 329.89 Paint the Plow PW Event 53.36 Standing Desk Mat 92.03 City Hall Plants 456.34 Sit,Stand Desk 175.00 Annual Dues 3,408.50 Apr 2023 Background Checks 65.00 Electronic Signature Subscription 52.00 Electronic Signature Subscription 50.80 Fuel 200.00 2023 Annual Database Dues 1,050.00 Duggan, Olson - Chief's Conference 180.00 POST License Renewals 382.50 Sit/Stand Desk 820.25 Plain Clothes Cover Jacket CHECK REGISTER FOR CITY OF PRIOR LAKE 6/8Page: 05/30/2023 11:45 AM User: jringberg DB: Prior Lake CHECK DATE FROM 05/06/2023 - 05/23/2023 AmountDescriptionVendor NameVendorCheckCheck Date 10.00 Parking 1,658.00 Brotzler, Monserud - Conference Registra 90.97 Cake & Ice Cream - Young Farewell 90.00 Whitmer, Breegemann - Leadership Worksho 15.99 Pickleball Court Wind Socks 60.89 Blue Light Glasses, Mouse Pads 26.69 Wireless Presenter Remote 67.14 Basketball In-Ground Sleeve 130.37 VFD Repair Parts 385.47 Well #6 Window Sight Glass 133.20 Somethin' 'Bout a Truck Tattoos 30.68 Speed Trailer Lock 25.00 Fuel - Squad 7136 442.65 Lodging - Training 45.00 Parking 13.00 Trail Camera Subscription 175.00 Active Shooter Business Training 21.99 Squad Repair - Polish 40.00 Membership Dues 270.00 Q2 Training Prep 485.00 Q2 Training Range/Mat Room 74.50 Orderly Annexation Meeting 232.57 Council Worksession 225.00 Simon - Annual Membership Dues 183.36 S Johnson Retirement 20.39 S Johnson Retirement 53.20 Battery Recycling Bin 225.00 5 Training Registrations 8.06 S Johnson Retirement 423.93 Steinhaus - Duty Boots 1,727.50 2023 Membership Dues 12.38 ATV Fuel 0.99 50GB iCloud Storage 1,503.30 FD Helmet and Dash Cameras 20.98 Mini Thermometer 24.18 Sharps Container 1,125.84 Street Lights 160.77 City Hall Flag Poles 46.68 Misc Office Supplies 26.45 Pickleball Lesson Signs 395.18 2 Logo Table Throws 186.80 Volleyball Supplies 10.00 Annual Meeting 536.00 8/14/2023 Field Trip 78.98 Rolling Caddy Organizer 124.64 Portable Fans 40.01 Fuel - Club Prior Trip 303.99 WiFi Temperature & Humidity Sensor 30.16 Renew cityofpriorlake.com Domain 239.98 Doamin Renewal 2.75 Employee Plan 1,138.13 FS #1 TV's 791.54 FS #1 Wire Shelving 219.57 Display Case - Slat Wall 403.08 Dorm Room Mirrors, Hooks 119.88 FS #1 Locker Nameplates 377.11 FS #1 Kithen Supplies 112.00 FS #1 Display Cabinet Image 34.00 Lodging - Fire Marshall Training (59.99)Credit - Broken Mirror CHECK REGISTER FOR CITY OF PRIOR LAKE 7/8Page: 05/30/2023 11:45 AM User: jringberg DB: Prior Lake CHECK DATE FROM 05/06/2023 - 05/23/2023 AmountDescriptionVendor NameVendorCheckCheck Date (2.99)Credit - 50 GB Storage 24,229.75 274.00 Tow Buick #120967ALLEN'S SERVICE INC000013609936(A)05/19/2023 439.00 Tow Mercedes #352841 713.00 1,092.00 DEV20-000010 Haven Ridge 4th AdditionBOLTON & MENK INC000026379937(A)05/19/2023 1,536.00 Jun 2023 CIT Managed BackupCOMPUTER INTEGRATION TECH000037609938(A)05/19/2023 2,554.00 May 2023 Office 365 4,090.00 47.50 MileageCOURTNEY BROWN000282909939(A)05/19/2023 22.50 MileageDIANA SCHUETZ000191779940(A)05/19/2023 103.75 Mileage - Clerk's InstituteHEIDI SIMON000281839941(A)05/19/2023 92.50 Mileage 196.25 335.51 #10 Window EnvelopesINNOVATIVE OFFICE SOLUTIONS LLC000271499942(A)05/19/2023 61.47 Misc Office Supplies 18.35 Pens 415.33 22.50 MileageJENNIFER BISEK000271479943(A)05/19/2023 320.00 Apr 2023 PD Counseling ServicesLEAST SERVICES/COUNSELING LLC000276139944(A)05/19/2023 8,643.73 Apr 2023 UnleadedMANSFIELD OIL COMPANY000131329945(A)05/19/2023 7,178.90 Apr 2023 Diesel 15,822.63 29.63 MileageSANDRA PEPPIN000236919946(A)05/19/2023 495.00 9" Stop Stick KitSTOP STICK LTD000198859947(A)05/19/2023 359.67 Apr 2023 Fuel TaxMN DEPT OF REVENUE000136129948(E)05/19/2023 2,449.00 Apr 2023 Sales Tax 2,808.67 58.00 Apr 2023 COBRA Admin FeesALERUS000013759955(E)05/22/2023 1,220.90 2023 Dental ClaimsDELTA DENTAL000272139956(E)05/22/2023 19,151.65 May 2023 Electric BillsMN VALLEY ELECTRIC000137389957(E)05/22/2023 1,662.52 May 2023 Phone BillsNUVERA000193049958(E)05/22/2023 46.00 Filing Fee - Res 23-03PCSCOTT COUNTY000192129959(E)05/22/2023 500.00 Olson, Lannon - Pursuit RefresheDAKOTA CTY TECH COLLEGE0000405011218405/23/2023 500.00 Lewis, Griffin - Pursuit Refresher 1,000.00 908.00 Training PistolsKIESLER POLICE SUPPLY0002790511218505/23/2023 84.00 Pre-Employment Credit ChecksMULTIHOUSING CREDIT CONTROL0001396811218605/23/2023 374,726.34 #1 Fish Point Road Phase IIPARK CONSTRUCTION COMPANY0002838211218705/23/2023 23.98 Hatzenbeller - Initial UniformSTREICHERS0001990011218805/23/2023 498.92 Bluebeam Revu LicenseUS CAD0001310411218905/23/2023 97.15 UB Receipt Refund for Account #: 3049530WINTER DENISEREFUND-UB11219005/23/2023 1,142.50 Ponds & Memorial Park ImprovementsHOISINGTON KOEGLER GROUP INC000087309949(A)05/23/2023 CHECK REGISTER FOR CITY OF PRIOR LAKE 8/8Page: 05/30/2023 11:45 AM User: jringberg DB: Prior Lake CHECK DATE FROM 05/06/2023 - 05/23/2023 AmountDescriptionVendor NameVendorCheckCheck Date 48.43 Monserud Business CardsINNOVATIVE OFFICE SOLUTIONS LLC000271499950(A)05/23/2023 119.10 Business Cards - Hatzenbeller, Karfa 167.53 1,500.00 AT&T Cedarwood St A1122-000001 ReviewKLM ENGINEERING INC000115209951(A)05/23/2023 826.50 Apr 2023 Labor & EmploymentNILAN JOHNSON LEWIS000081239952(A)05/23/2023 3,000.00 2023 Aerial ImagerySCOTT COUNTY000192129953(A)05/23/2023 28,307.73 TRN20-000001 Fish Pt Road Eng SvcsWSB & ASSOCIATES INC000237809954(A)05/23/2023 2,664.50 Markley Lake Monitoring 2,394.75 General Engineering Support 166.00 Jeffers Pond - Outlot C - First Addition 1,498.50 Preserve at Jeffers Pond 5,285.75 TH 13 Trail Planning Analysis 332.50 2022 Misc. Sidewalk Improvements 207.50 Caribou Development at Village Lake Driv 1,459.50 2022-2023 Pond Maintenance Project (Pond 837.50 Marsh Drive Extension 4,002.25 Fish Point Road Phase III Intersection I 47,156.48 1 TOTALS: 1,062,283.16 Total of 172 Disbursements: 0.00 Less 0 Void Checks: 1,062,283.16 Total of 172 Checks: ITEM: 5B CITY COUNCIL AGENDA REPORT MEETING DATE: June 05, 2023 PREPARED BY: Jason Etter, Senior Accountant PRESENTED BY: Cathy Erickson, Finance Director AGENDA ITEM: Approval of April 2023 Treasurer's Report RECOMMENDED ACTION: Adopt the April 2023 Treasurer’s Report as presented. BACKGROUND: The purpose of this agenda item is for the Council to consider the approval of the monthly Treasurer’s Report for April 2023. This information is being provided in a format which categorizes the balances by fund type. A second page is included to provide the Fund Balance Classification for each of the funds as well as the restrictions placed upon their usage. Even though the business-type funds have an “unrestricted” fund balance and the General Fund has an “unassigned” fund balance, it does not necessarily mean the balance is available to appropriate to other funds for other uses. There are constraints in place due to the type of fund or based on the City’s fund balance policy. FINANCIAL IMPACT: Staff has prepared a preliminary summary of the activity in the funds for the month of April 2023. The Treasurer’s Report reflects the beginning cash balance, receipts, disbursements, and the ending cash balance for each fund. As shown on the April 2023 Treasurer’s Report, the balance of cash and investments is $50 million. Of this balance, $46.6 million is investments and $3.4 million is cash. The Report is preliminary, unaudited and will change. The attached memorandum provides a summary of the fund descriptions. ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve the April 2023 Treasurer’s Report as presented. 2. Motion and second to remove the Treasurer’s Report from the consent agenda for additional discussion. ATTACHMENTS: 1. 2023 April Treasurer's Report (attach 1) 2. 2023 April Treasurer's Report (attach 2) 3. 2023 April Treasurer's Report (attach 3) City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 City of Prior Lake Treasurers Report April 2023 Fund 4/1/2023 4/30/2023 Fund Type & Name No. Balance Receipts Disbursements Balance Business-Type Funds Water Fund 601 6,867,797.41$ 564,624.83$ 190,784.50$ 7,241,637.74$ Sewer Fund 604 4,023,414.50 644,891.40 302,583.82 4,365,722.08 Water Quality Fund 602 2,237,805.22 242,757.74 43,799.16 2,436,763.80 Total Business-Type Funds 13,129,017.13$ 1,452,273.97$ 537,167.48$ 14,044,123.62$ Governmental-Type Funds General Fund 101 9,667,051.89$ 857,118.48$ 1,633,533.90$ 8,890,636.47$ Special Revenue Funds Cable Franchise Fund 210 91,196.50$ 3,038.79$ 3,576.00$ 90,659.29$ Capital Park Fund 225 1,753,692.51 13,764.63 - 1,767,457.14 Police Forfeiture Fund 235 153,864.73 267.96 13,500.00 140,632.69 EDA Special Revenue 240 262,453.91 521.80 11,347.47 251,628.24 Econ Dev Federal Revolving Loan Fund 250 136,762.05 261.08 - 137,023.13 Developer Agreement Fund 260 1,144,657.02 53,360.36 30,011.17 1,168,006.21 Total Special Revenue Funds 3,542,626.72$ 71,214.62$ 58,434.64$ 3,555,406.70$ Capital Project Funds TIF #1-3 413 122,083.76$ 233.06$ -$ 122,316.82$ TIF #5-1 416 12,168.10 23.23 - 12,191.33 TIF #6-1 417 514,468.90 982.12 - 515,451.02 TIF #1-5 419 47,606.88 90.88 - 47,697.76 Revolving Equipment Fund 410 690,997.20 14,138.78 119,479.56 585,656.42 Revolving Park Equipment Fund 430 1,446,719.72 188,114.94 - 1,634,834.66 Facilities Management Fund 440 1,420,355.38 2,710.53 482.05 1,422,583.86 Permanent Impr Revolving Fund 450 1,229,501.08 156,766.62 - 1,386,267.70 Construction Fund 501 5,369,824.01 1,296,752.06 13,125.99 6,653,450.08 Trunk Reserve Fund 502 5,954,546.90 44,748.53 - 5,999,295.43 Street Oversize Fund 503 1,460,974.76 2,788.99 - 1,463,763.75 Total Capital Project Funds 18,269,246.69$ 1,707,349.74$ 133,087.60$ 19,843,508.83$ Debt Service Funds 351 & 549- 576 $ 2,418,028.95 4,610.69$ -$ 2,422,639.64$ Agency Fund 801 609,212.50$ 25,200.00$ 15,000.00$ 619,412.50$ Total Governmental Type Funds 34,506,166.75$ 2,665,493.53$ 1,840,056.14$ 35,331,604.14$ Internal Service Funds 7xx 614,070.01$ 4,759.69$ -$ 618,829.70$ Total All Funds 48,249,253.89$ 4,122,527.19$ 2,377,223.62$ 49,994,557.46$ Investment Pool & Ratio as of 4/30/2023 93.20% 46,596,226.28$ This report does not reflect financial obligations from contracts, agreements, purchases, services received, etc. TREASURER’S REPORT FUND DESCRIPTIONS General Fund - Represents the resources to support general operating budget expenditures of the City. The year- end fund balance represents dollars that have accumulated over a period of time. The City Council has designated a minimum of 45% of the current operating budget, for working capital to finance city operations. Water Fund - For the collection of water billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Water departments and normally reserved for large capital municipal system expenses. Sewer Fund - For the collection of sewer billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Sewer department and normally reserved for large capital municipal system expenses. Water Quality Fund - An enterprise account funded by the storm water charge that is generated on the bi-monthly water and sewer utility bills. The funds in the account are dedicated to finance water quality improvements including departmental administration, storm water maintenance operations and improvement projects related to water quality. Cable Franchise Fund - Acts as a clearing house for funds received from the cable franchise company as specified by ordinance. Capital Park Fund - Dedicated funds received from developers in accordance with the City’s Park Dedication requirement when land is platted. Funds are collected for the purpose of developing the City’s neighborhood park and trail system. These dollars are programmed throughout the course of the City’s Capital Improvement Program. Police Forfeiture Fund – Special revenue fund created to track criminal and DWI forfeiture revenues and expenditures. ED Special Revenue – Reserved and expended at the direction of the Prior Lake Economic Development Authority for specific economic development activity as allowed by MN Statute. The purpose is to provide economic incentives for new business expansion within the community. ED Fed/MN Loan Funds - Accounts for the proceeds of economic development grants received either from the federal government or the State of Minnesota to provide seed money for a revolving loan account. This provides economic incentive for new business expansion within the community. DAG Special Revenue Fund - Special revenue fund related to costs the City incurs in connection with a subdivision. Fees are paid to the City by the developer when the Development Contract and Final Plat are approved by City Council. Revenues are used to pay for legal expenses incurred with review and approval of the plat and inspection services on developer installed-utilities for newly approved subdivisions within Prior Lake. Federal ARPA Fiscal Recovery Fund – Special revenue fund created to track American Rescue Plan Act funds received by the City. Water Revenue Bond Fund – PW Bldg - Debt service fund to pay bonds issued to construct the public works maintenance building. The capital facility charge generated on the utility bill provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Water Revenue Bond Fund – WT Plant - Debt service fund to pay bonds issued to construct the water treatment plant. Revenue from the utility bills provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Tax Increment Funds - Represents an accumulation of funds such as bond proceeds and project administration fees charged to companies requesting project write-downs in the form of tax increment financing for new and/or redevelopment. The TIF district property taxes are then deposited in a number of tax increment funds established to track their respective revenue. Revolving Equipment Fund - A regular replacement schedule for equipment needs of the City in excess of $5,000 has been adopted. Periodic fund transfers are appropriated to provide a funding source for the acquisition and purchase of new and replacement vehicles and equipment. Revolving Park Equipment Fund – Consists of funds reserved for the replacement of park equipment. Facilities Management Fund – Established in conjunction with the Facilities Management Plan (FMP). The FMP provides a schedule of major repairs, replacements and upgrades to all of the City facilities. Permanent Improvement Revolving Fund – Consists of funds available for annual street mill and overlay projects with any remaining funds to be used to provide upfront funding for future improvements. Construction Fund - Represent unexpended bond proceeds that are reserved to pay for improvement projects approved by the City Council on an annual basis. These dollars are necessary to complete outstanding construction contracts and related engineering and professional services. Street Oversize Fund - Consists of dedicated revenue generated by fees associated with new development and new construction building permits for the funding of pedestrian related improvements i.e., bikeways, sidewalks, trails plus right of way acquisition along collector streets and occasional collector street links. Trunk Reserve Fund - Consists of dedicated revenue generated from utility connection permits and acreage fees assessed at time of sewer and water installation for the recovering of trunk oversizing costs and central municipal system improvements i.e., wells lift stations, force mains, etc. These dollars are programmed throughout the course of the City’s capital improvement plan. Water Storage Fund - Accounts for the water tower fee that is charged and collected on building permits. This fund balance is 100% reserved for the construction of elevated and ground water storage facilities. Debt Service Funds - Represents prepayments of special assessments, property tax collections and special levies needed to pay the outstanding bonded indebtedness of the City. This fund balance is 100% reserved for the payment of bond principal and interest. Agency Fund - Accounts for the residential building permit deposit that is refunded to the building contractor upon final inspection. This provides financial assurance that the property site will be adequately cleaned up and debris free before an occupancy permit is granted. Severance Compensation Fund – Internal Service Fund established to partially fund the City’s compensated absence liability associated with the accrued vacation and sick leave for employees upon termination as recommended by the State Auditor’s Office. Insurance Fund – Internal Service Fund established to track revenues and expenditures related to insurance funds. City of Prior Lake Treasurers Report April 2023 Fund Type & Name Fund Balance Classification Constraints Business-Type Funds Water Fund Unrestricted Identified on utility bill for this purpose Sewer Fund Unrestricted Identified on utility bill for this purpose Water Quality Fund Unrestricted Identified on utility bill for this purpose Governmental-Type Funds General Fund Unassigned Cash flow, emergencies, one-time opportunities Special Revenue Funds Cable Franchise Fund Assigned for communications Statutory obligation to use for PEG access Capital Park Fund Assigned for capital improvements Contractually obligated; park dedication fees EDA Special Revenue Assigned for development Economic Development Econ Dev Federal Revolving Loan Fund Restricted for economic development Economic Development Econ Dev MN Revolving Loan Fund Restricted for economic development Economic Development Developer Agreement Fund Assigned for development Contractually obligated; Federal ARPA Recovery Funds Restricted for equipment and improvements Contractually obligated Capital Project Funds TIF #1-3 Restricted for tax increment Contractually obligated by tax increment agreements TIF #1-5 Restricted for tax increment Contractually obligated by tax increment agreements TIF #5-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #6-1 Restricted for tax increment Contractually obligated by tax increment agreements Revolving Equipment Fund Assigned for capital improvements Identified for equipment replacement Revolving Park Equipment Fund Assigned for capital improvements Identified for park equipment replacement Facilities Management Fund Assigned for capital improvements Identified for funding Facilities Management Plan Permanent Improvement Revolving Fund Assigned for capital improvements Identified for funding street improvement projects Construction Fund Restricted for capital improvements Construction projects in progress Trunk Reserve Fund Assigned for capital improvements Contractually obligated by developer agreements Street Oversize Fund Assigned for capital improvements Contractually obligated by developer agreements Water Storage Fund Assigned for capital improvements Contractually obligated by developer agreements Debt Service Funds Restricted for Debt Service Reserved for contractually obligated debt service Agency Fund N/A Escrows to be reimbursed to depositors Internal Service Funds Unrestricted Identified as payment for severance compensation and insurance ITEM: 5C CITY COUNCIL AGENDA REPORT MEETING DATE: June 5, 2023 PREPARED BY: Steve Hart, Parks & Recreation Manager PRESENTED BY: Andy Brotzler, Public Works Director/City Engineer AGENDA ITEM: 2023 Refuse Hauler License Renewal RECOMMENDED ACTION: Approve the issuance of a 2023 Refuse Hauler License to the establishments listed below. BACKGROUND: Prior Lake City Code provides that the City Council must approve the renewal of all refuse hauler licenses. All licenses expire on June 30th of each year. The following establishments have applied and paid the fee to renew their refuse hauler license: CITY OF PRIOR LAKE 2023 REFUSE HAULER APPLICANTS Buckingham Disposal, Inc. Republic Services 5980 Credit River Road SE 9813 Flying Cloud Drive Prior Lake, MN 55372 Eden Prairie, MN 55347 (952) 226-6441 (952) 941-5174 (Residential and Commercial) (Residential and Commercial) Certified Recycling, LLC Suburban Waste Services 14305 Ewing Avenue South PO Box 44634 Burnsville, MN 55306 Eden Prairie MN 55344 (952) 894-1448 (952) 937-8900 (Recycling) (Residential) Dick’s Sanitation Service, Inc. Waste Management of MN, Inc. P.O. Box 769 1901 Ames Drive Lakeville, MN 55044 Burnsville MN 55306 (952) 469-2239 (952) 882-2300 (Residential and Commercial) (Residential and Commercial) Aspen Waste Systems of Minneapolis 2951 Weeks Avenue SE Minneapolis, MN 55414 (612) 884-8000 (Residential) City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5C Page | 2 FINANCIAL IMPACT: Refuse hauler fees are based on the number of trucks used to haul refuse in the City. A total of $5,135 has been collected for the refuse hauler license renewals. ALTERNATIVES: 1. Motion and second to approve the issuance of the refuse hauler licenses as listed above. ITEM: 5D CITY COUNCIL AGENDA REPORT MEETING DATE: June 5, 2023 PREPARED BY: Heidi Simon, City Clerk PRESENTED BY: Heidi Simon AGENDA ITEM: Resolution Approving 2023-2024 Liquor License Renewals RECOMMENDED ACTION: Adopt a resolution approving the 2023-2024 Liquor License renewals. BACKGROUND: The City Code provides that the City Council may approve the renewal of annual on-sale intoxicating, Sunday liquor, off-sale intoxicating, on-sale wine, off-sale 3.2 malt liquor, on-sale 3.2 malt liquor, club licenses, and brewer’s on and off-sale licenses. All licenses expire on the same date, June 30th of each year. All applicants have submitted the required documentation to renew their licenses including proof of liquor liability insurance. Prior Lake City Ordinance 301.600 states that no license shall be granted for operation on any premises for which taxes, assessments, or other financial claims of the City are delinquent or unpaid. All applicants are current with their financial obligations. The Prior Lake Police Department has investigated and reported that in the past five years the following establishments have been cited with selling alcohol to minors: 2022- None 2021- Village Liquor 2020- MGM, Village Liquor 2019- MGM, Teresa’s Mexican Restaurant 2018- None The Prior Lake Police Department conducts alcohol compliance checks one to two times each year depending on staffing levels. Each Licensee must conduct regular liquor service training for their employees. FINANCIAL IMPACT: Included in this agenda report is Exhibit A which details the license type and fees for the applicants who have paid. ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve a resolution approving the 2023-2024 liquor license renewals. 2. Motion and second to remove this item from the consent agenda for additional discussion. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5D Page | 2 ATTACHMENTS: 1. 2023-2024 Agenda Exhibit A 2. 23- Approval of 2023-2024 Liquor License Renewals Exhibit A City of Prior Lake 2023- 2024 Liquor Licenses Name and Address Type of License License Fee Boathouse Brothers Brewing 16211 Main Avenue SE Brewer Off-Sale $ 200.00 Prior Lake MN 55372 Brewer Taproom On-Sale $ 650.00 $ 850.00 Charlies on Prior 3950 Green Heights Trail On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 Sunday On-Sale $ 200.00 $ 7,200.00 Edelweiss Bakery 16186 Main Ave SE On-Sale Wine $ 2,000.00 Prior Lake, MN 55372 $ 2,000.00 Extra Innings Saloon 16299 Main Avenue SE On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 Sunday On-Sale $ 200.00 $ 7,200.00 Fong's Chinese Cuisine 4770 Pleasant St Suite 3 On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 Sunday On-Sale $ 200.00 $ 7,200.00 Holiday Station store 16800 Duluth Avenue SE Off-Sale 3.2 Malt Liquor $ 100.00 Prior Lake MN 55372 Kwik Trip 16751 Fish Point Road SE Off-Sale 3.2 Malt Liquor $ 100.00 Prior Lake MN 55372 Lakers Tavern & Pizza 15750 Highway 13 South On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 $ $ 7,000.00 MGM Wine & Spirits 14173 Commerce Avenue NE Off-Sale Intoxicating $ 380.00 Prior Lake MN 55372 Perron's Sul Lago 16154 Main Avenue SE #135 On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 Plate on Main 16323 Main Ave SE On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 Sunday On-Sale $ 200.00 $ 7,200.00 The Pointe 16691 Highway 13 South On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 Sunday On-Sale $ 200.00 $ 7,200.00 Prior Lake Amateur Baseball Assoc. th 5181 160 Street South On-Sale 3.2 Malt Liquor $ 500.00 Prior Lake, MN 55372 Prior Lake VFW Post #6208 16306 Main Avenue SE Club License $ 650.00 Prior Lake MN 55372 Sunday On-Sale $ 200.00 $ 850.00 Rhino Wine Bar 16186 Main Ave SE On-Sale Wine $ 2,000.00 Prior Lake, MN 55372 On-Sale 3.2 Malt $ 500.00 Off-Sale Intoxicating $ 380.00 $ 2,880.00 Teresa's Mexican Restaurant 6880 Boudin Street NE On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 Sunday On-Sale $ 200.00 $ 7,200.00 TJ Hooligan's 16731 Highway 13 South On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 Sunday On-Sale $ 200.00 $ 7,200.00 Viking Liquor Barrel 16290 Highway 13 South Off-Sale Intoxicating $ 380.00 Prior Lake MN 55372 Village Liquor 16731 Highway 13 South #102 Off-Sale Intoxicating $ 380.00 Prior Lake MN 55372 The Wilds Golf Club 3151 Wilds Ridge NW On-Sale Intoxicating $ 7,000.00 Prior Lake MN 55372 Sunday On-Sale $ 200.00 $ 7,200.00 Total License Fees $ 80,020.00 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23- RESOLUTION APPROVING THE LIQUOR LICENSE RENEWALS FOR 2023 - 2024 Motion By: Second By: WHEREAS, Minnesota Statutes Chapter 340A authorizes the City to issue on and off-sale liquor, 3.2 malt liquor licenses, on sale wine liquor license, Sunday licenses, club licenses, and on and off sale brewer’s licenses; and WHEREAS, Prior Lake City Code sets forth the application process for such licenses; and WHEREAS, applicants have submitted liquor license applications and paid all fees; and WHEREAS, pursuant to the Prior Lake City Code section 301.600, “no license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent or unpaid.” NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The liquor licenses for the applicants and premises set forth in Exhibit A are hereby approved for the period July 1, 2023, to June 30, 2024. 3. All premises shall comply with Prior Lake City Code 301.600 no later than June 30, 2023, to be eligible for licensure. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager ITEM: 5E CITY COUNCIL AGENDA REPORT MEETING DATE: June 5, 2023 PREPARED BY: Christine Watson, Public Works Coordinator PRESENTED BY: Andy Brotzler, Public Works Director/City Engineer AGENDA ITEM: Resolution Accepting Public Improvements for the Bluffs of Shady Beach Development (DEV2013-00078) STRATEGIC WELL MANAGED GROWTH PRIORITY: 3. $0 in development costs transferred to taxpayers. RECOMMENDED ACTION: Adopt a resolution accepting the public improvements for the Bluffs of Shady Beach development. BACKGROUND: This action is called for as part of the development agreement between the Developer and the City. It is the process through which privately installed improvements come into public ownership pursuant to the development agreement. The development agreement outlines the mechanisms for City acceptance of the developer-installed improvements, requiring City Council authorization to accept the improvements in addition to the final written acceptance by the City Engineer. The developer has now completed the improvements as outlined in the development agreement for the Bluffs of Shady Beach development. The improvements have been inspected by the City for compliance with city standards and the approved drawings. In some cases, minor field changes were necessary during construction. These improvements, including any field adjustments, were documented in the as-built drawings that were completed by the developer and reviewed by the City. Public Works staff has reviewed the improvements and has written the acceptance letter for this development. It is now appropriate for the City Council to accept the improvements for this development. FINANCIAL IMPACT: None ALTERNATIVES: 1. Motion and second to adopt a resolution accepting the public improvements for the Bluffs of Shady Beach development. ATTACHMENTS: 1. Resolution - Resolution accepting public improvements for the Bluffs of Shady Beach development (DEV2013-00078) 2. Location Map City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23- A RESOLUTION ACCEPTING THE IMPROVEMENTS FOR THE BLUFFS OF SHADY BEACH DEVELOPMENT Motion By: Second By: WHEREAS, the City entered into a development agreement with Copper Creek Development as indicated by Resolution 14-047 approved April 14, 2014; and WHEREAS, the development agreement outlined the improvements the developer was responsible for installing; and WHEREAS, these improvements are now complete to the satisfaction of the city and the city has received the as-built drawings; and WHEREAS, Public Works staff has reviewed the improvements and written the acceptance letter for this development. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby accepts the improvements for the Bluffs of Shady Beach development. 3. Any remaining escrow dollars for construction inspection will be returned to the developer. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager ITEM: 5F CITY COUNCIL AGENDA REPORT MEETING DATE: June 5, 2023 PREPARED BY: Christine Watson, Public Works Coordinator PRESENTED BY: Andy Brotzler, Public Works Director/City Engineer AGENDA ITEM: Resolution Authorizing the Purchase of a Tractor with Pull-Behind Mower, Snowblower and Plow Attachments RECOMMENDED ACTION: Authorize the purchase of a tractor with pull-behind mower, snowblower and plow attachments. BACKGROUND: Staff is seeking approval to expedite the purchase of a John Deere tractor that includes a 16-foot pull-behind mower, snowblower and plow attachments. The Equipment CIP includes $155,000 to replace the existing 16-foot Toro mower in 2024. The quoted cost for the new tractor and attachments is $139,884.81, with the potential for this to increase 5-15% if the purchase is delayed until next year. This quote was obtained through the Sourcewell cooperative purchasing program to ensure best pricing. The tractor is available to order now for immediate delivery with the mower attachment. Delivery of the snowblower and plow is expected later this year before the winter season begins. This tractor will replace the existing 16-foot Toro mower that is 8 years old with nearly 3000 hours on it and a Vehicle Replacement Rating (VRR) of 24.16 (scores of 20+ are generally considered for replacement). The current unit is used exclusively as a mower, whereas the new unit is much more versatile and will be used year-round for mowing in the summer and snow removal on trails in the winter. As we have seen with other recent purchases, equipment pricing and delivery lead time has become more volatile as vendors deal with material shortages, price increases and supply chain issues. With this item being available now, it is recommended that the purchase be approved now to ensure delivery this year and avoid possible cancellations and likely price increases next year. FINANCIAL IMPACT: This item is included in the approved 2023-2027 Equipment CIP as a 2024 purchase. Due to it’s unexpected availability now and potential for future price increases of 5-15%, staff is proposing to move the purchase to 2023. There is adequate balance in the Revolving Equipment Fund F410 to accommodate this expenditure in 2023 versus 2024 as there have been seven truck orders that have been cancelled over the past two years due to lack of availability. ALTERNATIVES: 1. Motion and second to adopt a resolution authorizing the purchase of a tractor with pull- behind mower, snowblower and plow attachments. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5F Page | 2 ATTACHMENTS: 1. Resolution - Authorize the purchase of a tractor with pull-behind mower, snowblower and plow attachments 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23 - A RESOLUTION AUTHORIZING THE PURCHASE OF A TRACTOR WITH 16-FOOT PULL- BEHIND MOWER, SNOWBLOWER AND PLOW ATTACHMENTS Motion By: Second By: WHEREAS, the adopted 2023-2027 Equipment CIP includes $155,000 for the replacement of an existing 16-foot Toro mower that is 8 years old with nearly 3000 hours on it; and WHEREAS, staff recommends replacing the existing Toro mower with a John Deere tractor with pull-behind mower, snowblower and plow attachments that can be used year round instead of just for seasonal mowing; and WHEREAS, staff has received a quote in the amount of $139,844.81 for this equipment through the Sourcewell cooperative purchasing program; and WHEREAS, to avoid delivery delays, order cancellations and/or price increases, staff recommends council approval to order the equipment at this time; and WHEREAS, there is sufficient funding in the Revolving Equipment Fund F410 to accommodate this purchase in 2023. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager hereby authorize staff to purchase the tractor with 16-foot pull- behind mower, snowblower and plow attachments for the quoted price of $139,844.81. 3. Funding shall come from the Revolving Equipment Fund F410. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager Error! Hyperlink reference not valid. ITEM: 5G CITY COUNCIL AGENDA REPORT MEETING DATE: June 5, 2023 PREPARED BY: Christine Watson, Public Works Coordinator PRESENTED BY: Andy Brotzler, Public Works Director/City Engineer AGENDA ITEM: Resolution Accepting Public Improvements for the Summit Preserve 1st and 2nd Additions (DEV16-000001) RECOMMENDED ACTION: Adopt a resolution accepting the public improvements for the Summit Preserve 1st and 2nd Additions. BACKGROUND: This action is called for as part of the development agreement between the Developer and the City. It is the process through which privately installed improvements come into public ownership pursuant to the development agreement. The development agreement outlines the mechanisms for city acceptance of the developer-installed improvements, requiring City Council authorization to accept the improvements in addition to the final written acceptance by the City Engineer. The developer has now completed the improvements as outlined in the development agreements for the Summit Preserve 1st and 2nd Additions. The improvements have been inspected by the city for compliance with city standards and the approved drawings. In some cases, minor field changes were necessary during construction. These improvements, including any field adjustments, were documented in the as-built drawings that were completed by the developer and reviewed by the city. Public Works staff has reviewed the improvements and has written the acceptance letter for these developments. It is now appropriate for the City Council to accept the improvements for these developments. FINANCIAL IMPACT: None ALTERNATIVES: 1. Motion and second to adopt a resolution accepting the public improvements for the stnd Summit Preserve 1 and 2 Additions. ATTACHMENTS: st 1. Resolution - Resolution accepting public improvements for the Summit Preserve 1 and nd 2 Additions (DEV16-000001) 2. Location map City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23 - A RESOLUTION ACCEPTING THE IMPROVEMENTS FOR THE STND SUMMIT PRESERVE 1 AND 2 ADDITIONS Motion By: Second By: WHEREAS, the City entered into a development agreements with Lennar, Inc. as indicated by Resolution 17-089 approved May 22, 2017 and Resolution 18-001 approved January 16, 2017; and WHEREAS, the development agreements outlined the improvements the developer was responsible for installing; and WHEREAS, these improvements are now complete to the satisfaction of the city and the city has received the as-built drawings; and WHEREAS, Public Works staff has reviewed the improvements and written the acceptance letter for these developments. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby accepts the improvements for the Summit Preserve 1st and 2nd Additions. 3. Any remaining escrow dollars for construction inspection will be returned to the developer at the conclusion of the warranty period. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager Error! Hyperlink reference not valid. ITEM: 5H CITY COUNCIL AGENDA REPORT MEETING DATE: June 05, 2023 PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Resolution Approving a Private Use of Public Property Permit for Stanley & Wencl, LLC RECOMMENDED ACTION: Approval of a resolution approving a Private Use of Public Property permit for Stanley & Wencl, LLC to temporarily place a dumpster on the municipal parking lot at 16381 Main Avenue SE. BACKGROUND: Stanley & Wencl, LLC is completing a remodeling project for VFW Post 6208 and requested permission to temporarily place a dumpster on the municipal parking lot at the northwest corner of the Main Avenue and Pleasant Street intersection to make it easier to dispose of material. If approved, the dumpster will be in place through June 16, 2023. The proposed dumpster would occupy one parking stall in the location shown in the attached Private Use of Public Property permit. The proposed dumpster location is on a city owned municipal parking lot so in order for the contractor to utilize this location, the City Council must approve a Public Property Use Permit. Issues The dumpster will eliminate one parking stall in the municipal lot until June 16, 2023. Per the terms of the attached agreement, the Permittee is responsible for any repairs made necessary by damage to the lot. FINANCIAL IMPACT: No financial impact is anticipated. ALTERNATIVES: 1. Motion and Second, as part of the Consent Agenda, to approve the Resolution approving the Public Property Use Permit. 2. Remove this item from the Consent Agenda for additional discussion or for the purpose of denying the Resolution approving the Public Property Use Permit. ATTACHMENTS: 1. Private Use of Public Property Permit City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-_____ RESOLUTION APPROVING A PRIVATE USE OF PUBLIC PROPERTY PERMIT TO ALLOW THE TEMPORARY PLACEMENT OF A DUMPSTER ON THE MUNICIPAL PARKING LOT LOCATED AT 16381 MAIN AVENUE SE Motion By: Second By: WHEREAS, Stanley & Wencl, LLC has requested approval of a Private Use of Public Property permit to temporarily place a dumpster on the municipal parking lot located at 16381 Main Avenue SE (PID 250020080); and WHEREAS, the City of Prior Lake requires approval and execution of a Private Use of Public permit prior to placement of private property on a municipal parking lot; and WHEREAS, on June 5, 2023, the Prior Lake City Council reviewed and approved the Private Use of Public Property permit. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council of Prior Lake hereby approves the Private Use of Public Property permit and the City Manager is hereby authorized and directed to execute the Private Use of Public Property permit on behalf of the City. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager 1 CITY OF PRIOR LAKE PUBLIC PROPERTY USE PERMIT This Public Property Use Permit (“PPUP”) is entered into on this _____ day of June, 2023, by and between the City of Prior Lake, a Minnesota municipal corporation (the “City”), and Stanley & Wencl, LLC, a Minnesota limited liability company (the “Permittee”). RECITALS WHEREAS, Permittee has requested permission of City to place a dumpster (“Dumpster”) on the municipal parking lot located at 16318 Main Avenue SE, Prior Lake, Minnesota (the “Lot”) Legal description: Lots 1 & 2, Block 2, Cates Addition (PID: 250020080); and WHEREAS, City requires approval and execution of this PPUP prior to placement of the Dumpster on the Lot. AGREEMENT In consideration of the foregoing Recitals, incorporated herein as if fully set forth, and the mutual covenants herein, the parties agree as follows: 1. PUBLIC PROPERTY. The Permittee acknowledges that the Lot is public property. 2. DUMPSTER PERMITTED. Subject to the terms of this PPUP and the City’s right to terminate it as provided for elsewhere in this PPUP, the Permittee may use only that portion of one (1) parking stall on the Lot depicted on attached Exhibit A to place and use the Dumpster. Said Dumpster shall be removed by June 16, 2023. 3. PUBLIC USE OF LOT. The use of the Lot for placement and use of the Dumpster is subordinate to the public’s use of the Lot as a municipal parking lot. The Permittee shall ensure the Dumpster, or the use of the Dumpster does not interfere with the primary purpose of the Lot as a municipal parking lot. The City may terminate this PPUP pursuant to Paragraph 10 if in the opinion of the Zoning Administrator, the Permittee’s use of the Lot (placement and use of Dumpster) adversely interferes with the publics’ use of the Lot. 4. INDEMNITY. The Permittee shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys’ fees, arising from, based on, or related to the Dumpster including, but not limited to, any claim asserted against the City as a result of the use of the Dumpster or the location allowed by the PPUP. 5. INSURANCE. Permittee shall maintain a general liability insurance policy which provides coverage for damage to personal property and injury to persons relating to this PPUP. 6. WAIVER OF CLAIMS. The Permittee acknowledges City’s ownership of the Lot for the benefit of the public and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to the use of the Lot as permitted by this PPUP. The 2 Permittee acknowledges that it was advised that this is a legal document and that the Permittee should seek legal counsel in connection with this PPUP and that the Permittee has read and understands the terms of this PPUP. 7. CONDITION OF LOT. The Permittee acknowledges the City has made no representations or warranties regarding the condition of the Lot or its suitability for the uses permitted by this PPUP. 8. BINDING EFFECT. Except as hereinafter provided, this PPUP shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 9. MAINTENANCE. Permittee acknowledges the City will not sweep debris from or around the Dumpster and Permittee further agrees that Lot maintenance on and around the Dumpster, including sweeping, shall be the responsibility of Permittee. 10. TERMINATION. In addition, this PPUP may be terminated by the City with written notice delivered to the Permittee. If the City terminates this PPUP, the Permittee shall have two (2) days from receipt of the written notice to remove the Dumpster and restore the Lot to the condition it existed in prior to the placement of the Dumpster. The City may terminate this PPUP, if in the opinion of the Zoning Administrator, the commercial use of the Lot (location and use of the Dumpster) adversely interferes with the publics’ right to use the Lot, the Dumpster is considered a hazard or danger to the public, the Dumpster becomes deteriorated or damaged, the Dumpster interferes with maintenance or construction projects in the area, or for any other reason at the City’s sole discretion. 11. REPAIR. Permitee agrees it will be responsible for the cost of any repairs to the Lot made necessary due to damage caused by the Dumpster or as a result of any construction activity on the Lot. 12. ENTIRE AGREEMENT. This PPUP contains all the terms and conditions related to the placement and use of a Dumpster on the Lot and replaces any oral agreements or other negotiations between the parties. No modifications of this PPUP shall be valid until they have been placed in writing and signed by all parties hereto. (Signature Pages Follow) 3 CITY: By: Jason Wedel Its: City Manager PERMITTEE: Stanley & Wencl, LLC By: Daniel Stanley Its: DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 4 Exhibit A Dumpster Location ITEM: 5I CITY COUNCIL AGENDA REPORT MEETING DATE: June 05, 2023 PREPARED BY: Jeff Matzke, Planner PRESENTED BY: Casey McCabe, Community Development Director AGENDA ITEM: Resolution Appointing Michael Tennison to Serve as a Regular Voting Member on the Planning Commission RECOMMENDED ACTION: Motion and second, as part of the consent agenda, approving a resolution appointing Michael Tennison to serve as a Regular Voting Member on the Planning Commission. BACKGROUND: A Regular Member vacancy currently exists on the Planning Commission as of May 9, 2023, due to the resignation of previous Planning Commission Chair Dave Tieman. Per the Planning Commission Bylaws, in the event of a Regular Member vacancy the City Council Liason and the Chairman of the Planning Commission can put forward an Alternate Planning Commission Member as an appointment request to the City Council. City Council Member Kim Churchill (City Council Liason) and Jason Tschetter (Planning Commission Chair) have discussed the vacany and determined that Alternate Planning Commission Member Michael Tennision should be put forward for Council consideration to fill the Regular Voting Member vacancy. FINANCIAL IMPACT: Per meeting compensation is paid to Planning Commissioners and is included in the 2023 budget. ALTERNATIVES: 1. Motion and second, as part of the consent agenda, adopting a resolution appointing Michael Tennison to serve as a regular voting member on the Planning Commission. 2. Remove this item from the consent agenda for additional discussion. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-___ A RESOLUTION APPOINTING MICHAEL TENNISON TO SERVE AS A REGULAR VOTING MEMBER ON THE PLANNING COMMISSION Motion By: Second By: WHEREAS, a Regular Voting Member vacancy exists on the Planning Commission as of May 9, 2023; and WHEREAS, the Bylaws of the Planning Commission state the procedure to appoint an Alternate Planning Commission Member to a Regular Voting Member; and WHEREAS, Planning Commission Liaison Churchill and Planning Commission Chair Tschetter have recommended the appointment of Michael Tennison from Alternate Member to Regular Voting Member; and WHEREAS, the City Council considered and approved the recommended appointment of Michael Tennison on June 5, 2023. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. That the following individual is appointed to a Regular Voting Member of the Planning Commission for the following term: Appointee Date Appointed End of this Appointment Term Limit Michael Tennison June 5, 2023 October 31, 2024 October 31, 2030 th Passed and adopted by the Prior Lake City Council this 5day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager ITEM: 5J CITY COUNCIL AGENDA REPORT MEETING DATE: June 5, 2023 PREPARED BY: Steve Hart, Park & Recreation Manger PRESENTED BY: Andy Brotzler, Public Works Director/City Engineer AGENDA ITEM: Approve Minnesota Department of Natural Resources Conservation Partners Legacy Program Grant Contract Agreement RECOMMENDED ACTION: Approve Grant Contract Agreement for Five Hawks Prairie restoration project. BACKGROUND: In April 2023, the city was awarded a grant through the MN DNR Conservation Partner Legacy Program for restoration work at Five Hawks Prairie (16765 Simpkins Ave SW). The project began in 2022 with the removal of invasive plant species and a prescribed burn. Future planned work will include further monitoring and removal of invasive species as well as establishment of native prairie species to promote site resiliency and diversity between now and fall of 2025. The City must accept and execute the MN DNR grant contract agreement to move forward with this project in 2023. The contract document must be signed via DocuSign and will be available to City Manager Wedel and Mayor Briggs on Monday June 5, 2023. FINANCIAL IMPACT: The estimated cost for this project is $24,674.00. The city has satisfied its match requirement by paying for the work done to-date, an amount of $10,997.00. The remaining project costs of $13,677.00 will be reimbursed by grant funding. ALTERNATIVES: 1. Motion and second to approve the Minnesota Department of Natural Resources Conservation Partners Legacy Grant Contract Agreement. ATTACHMENTS: 1. 20230605 Five Hawks Prairie Grant Contract Agreement - DOC 2. Five Hawks Prairie Map City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 State Accounting Information PO Number: ________________ Rev. 8/21 1 CONSERVATION PARTNERS LEGACY GRANT PROGRAM ENCUMBRANCE WORKSHEET City of Prior Lake/ Five Hawks Prairie Restoration State Accounting information: SWIFT Contract Doc. Type: SWIFT Contract #: SWIFT Contract Line # (Annual Plans): SWIFT Purchase Order #: Agency: R2901 Submitted By: David Stein Origin: A24 Vendor #: Category Code: 84101501 Total Amount of Contract for ALL years: $13,677 Total Amount of Contract: $ 13,677 For FY: 23 Total Amount of Contract: For FY: Total Amount of Contract: $ For FY: Contract Start Date: Upon Execution Speedchart Name: Contract Expiration Date: June 30, 2026 Speedchart Number: Grantee Name and Address: City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Did you remember to: Check for debarred vendor? Yes No Check for annual plan limit? Yes No Work on state lands? Yes No PO Reference: DS-FY23 CPL Five Hawks Prairie Restoration Description: FY2023 ECP 1; City of Prior Lake, Five Hawks Prairie Restoration. The State is in need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve public recreational opportunities. Statewide/ Agency Reporting Funding String Line Budget/ Bond Year Amount Fund FinDeptID AppropID Account Statewide Cost Agency Cost 1 Agency Cost 2 1 22 $13,677 2300 R2936725 R296K33 441352 2W205 Project/ Grant Reporting Funding String Line PC Business Unit Project Activity Source Type Category Sub-Category 0000201767 State Accounting Information PO Number: ________________ Rev. 8/21 2 This page intentionally left blank State Accounting Information PO Number: ________________ Rev. 8/21 3 STATE OF MINNESOTA CONSERVATION PARTNERS LEGACY GRANT PROGRAM GRANT CONTRACT City of Prior Lake/ Five Hawks Prairie Restoration This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, ("State") and City of Prior Lake, 4646 Dakota Street SE, Prior Lake, MN 55372 ("Grantee"). Recitals 1.Under Minnesota Laws 2022, Regular Session, Chapter 77, Article 1, Section 2, Subd. 5(v), and Minnesota Statute § 84.026 the State is empowered to enter into this grant. 2.The State is in need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve public recreational opportunities. 3.The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date: The date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5. Per, Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State’s Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2026, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 2.4. Signage; 11. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property Rights; 15. Data Compatibility and Availability Requirements; 16. Publicity and Endorsement; 17. Governing Law, Jurisdiction, and Venue; 23. Data Disclosure; and 24. Use of Funds for Match or Reimbursement. 2 Duties Grantee’s Duties The Grantee, who is not a state employee, will: 2.1 Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). 2.2 Perform each of the duties outlined in Attachment A, Work Plan, which is attached and incorporated into this grant contract. Any changes to the Work Plan must have prior written approval from the State’s Authorized Representative. 2.3 Apply for and receive all necessary approvals and permits to complete the project and comply with all applicable local, state and federal laws, ordinances, rules, and regulations. This includes all legal restrictions and requirements contained in Minnesota Laws 2022, Regular Session, Chapter 77, Article 1, Section 2, Subd. 5(v), and MN Statute 97A.056. 2.4 Meet all grant program requirements, as described in the Conservation Partners Legacy Grant Program (CPL) FY2023 Request for Proposal, which is incorporated into this grant contract by reference. The Request for Proposal (RFP) may be located at https://files.dnr.state.mn.us/fish_wildlife/cpl/fy23-rfp.pdf?20221011-53. 2.5 Erect signage in accordance with Minnesota Laws 2009, Chapter 172, Article 5, Section 10, and MN Statute 97A.056. Signs have been designed and created and will be ordered and mailed to Grantee towards the end of the grant period. Grantee is not responsible for the cost of signs but is responsible for placing signs according to MN Laws. 2.6 Submit a progress report based on expenditures made and work performed during the previous year, in a form prescribed by the State, by December 31 of each year during the term of this grant contract. A final report must State Accounting Information PO Number: ________________ Rev. 8/21 4 be submitted prior to or with the request for final payment. 2.7 To provide match as pledged in the approved Work Plan in non-state cash or in-kind services for the costs incurred for the completion of the Project. 2.8 Follow all Invasive Species regulations, policies and procedures of the Department of Natural Resources (DNR) to prevent or limit the introduction, establishment, and spread of invasive species (see section 4.2). This requirement applies to all activities performed on all lands under this grant contract and is not limited to lands under DNR control or public waters. State’s Duties 2.9 To provide Grantee up to $13,677 for the costs incurred for the completion of the Project. 2.10 For grants over $50,000, the State’s Authorized Representative(s) or other designated State Representative will conduct at least one monitoring visit per grant period. For grants over $250,000, these visits will be on an annual basis. A monitoring visit may be in person or by telephone. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Project Requirements 4.1 Vegetation Requirements. All projects funded in whole or in part by this grant use only seed mixes or plant lists approved by the Land Manager of the project site. Approval by land manager should be kept on file by grantee for auditing purposes. 4.2 Invasive Species Prevention. The DNR requires active steps to prevent or limit the introduction, establishment, and spread of invasive species during all activities performed on all lands under this grant contract. The grantee and/or hired contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site. If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by grantee/contractor furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The grantee/contractor shall dispose of material cleaned from equipment and clothing at a location determined by the land manager. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. The grantee/contractor shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non-infested waters. All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated. 4.3 Project Sites. All restoration and enhancement projects funded with this grant must be on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15. 4.4. Restoration and Management Plan. Hereinafter known as R&M Plan. (a)For all restorations, prepare and retain an ecological restoration and management plan that, to the degree practicable, is consistent with current conservation science and ecological goals for the restoration site. Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration. The plan shall include the proposed timetable for implementing the restoration, including, but not limited to, site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and use the current conservation science to achieve the best restoration. (b)The R&M plan shall be prepared on a form provided by the State’s Authorized Representative. State Accounting Information PO Number: ________________ Rev. 8/21 5 4.5 Timely written contact of Conservation Corps Minnesota. All grantees must give consideration to and make timely written contact with the Conservation Corps Minnesota or its successor for consideration of possible use of their services to contract for restoration and enhancement services. A copy of the written contact must be filed with the State’s Authorized Representative within 10 days of grant execution. 4.6 Pollinator Best Management Practices. Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minnesota Statutes, section 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found here: http://files.dnr.state.mn.us/natural_resources/npc/bmp_contract_language.pdf. 4.7 Prescribed Burning on State Lands. For prescribed burns on state lands, contractors must meet the equipment and personnel requirements (including training and experience) called for in the prescribed burn plan provided by the State. Requirements can be found at https://files.dnr.state.mn.us/forestry/wildfire/rxfire/prescribed- burn-handbook.pdf . 4.8 Revenues. Any revenues generated during the grant period from activities on land acquired, restored, or enhanced with CPL funding must be disclosed to CPL staff and used for habitat purposes to be agreed upon. 5 Additional Restrictions CPL funded projects may not be used as future mitigation for any loss or destruction of habitat. 6 Consideration and Payment 6.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a)Compensation. The Grantee will be paid according to the breakdown of costs contained in Attachment A, which is attached and incorporated into this grant contract. Partial payments are allowed. Grantees may vary by 10% between budget categories without prior approval from the State’s Authorized Representative. Reasonable amounts may be advanced to accommodate cash flow needs or to match federal share. The advances must be approved in the Work Plan. (b)Travel Expenses. Payment for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c)Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $13,677. 6.2 Payment (a)Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted, on or before 4 pm local time, July 27, 2026. Invoices must include copies of appropriate documentation to prove the work has been completed. Invoices must be submitted in a timely manner and in the manner described in the CPL Payment Manual, which is incorporated into this grant contract by reference and can be found at: http://files.dnr.state.mn.us/assistance/grants/habitat/lessard_sams/grantee/payment_manual.pdf (b)Hold Back. No less than 5% of the amount of the grant must be held back from payment until the grant recipient has completed a grant accomplishment report by the deadline in the form prescribed by and satisfactory to the State and LSOHC. (c)Direct Expenditures. Grant and match funds may only be used for the eligible direct expenditures as described in the approved Work Plan. Indirect costs and institutional overhead costs are ineligible. State Accounting Information PO Number: ________________ Rev. 8/21 6 (d)Match Requirements Met. All match requirements must have been fulfilled by the Grantee prior to final payment by the State. (e)Federal Funds. No Federal funds will be used. 6.3 Work assigned to the State. The Grantee may provide portions of the proceeds of this contract to the State. Work done by the State must be so specified in the Work Plan. A letter shall be sent to the State’s Authorized Representative and include: the specific area of the Work Plan authorizing the work; the portion of the proceeds to be used by the State; the name, title, address, phone number and e-mail address for the State’s representative assigned to accomplish the work; the expected completion date of the work; and a brief description of the nature of the work sufficient as the basis for judgment of whether or not the work was accomplished. If the work authorized by the Grantee is acquisition of land or an interest in land, the amount made available to the State shall include the Grantee’s proportionate cost of professional services to complete the acquisition. The Grantee’s proportion shall be determined by the ratio of its contribution to the acquisition price as a portion of the whole acquisition price. The Grantee’s proceeds available under Clause 8, Payment Procedures, of this contract shall be reduced by the amount provided for State use. 6.4 Contracting and Bidding Requirements. (a)Municipalities. Per Minn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must do the following if contracting funds from this grant contract for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. i.If the amount of the contract is estimated to exceed $175,000, a formal notice and bidding process must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2). ii.If the amount of the contract is estimated to cost between $25,000 and $174,999, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) and paragraph (c). iii.If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2). (b)Nonprofit Organizations. i.Any services and/or materials that are expected to cost $100,000 or more must undergo a formal notice and bidding process. ii.Services and/or materials that are expected to cost between $25,000 and $99,999 must be competitively awarded based on a minimum of three verbal quotes or bids. iii.Services and/or materials that are expected to cost between $10,000 and $24,999 must be competitively awarded based on a minimum of two verbal quotes or bids or awarded to a targeted vendor. iv.The grantee must take all necessary affirmative steps to assure that targeted vendors from businesses with active certifications through these entities are used when possible: State Accounting Information PO Number: ________________ Rev. 8/21 7 •State Department of Administration's Certified Targeted Group, Economically Disadvantaged and Veteran-Owned Vendor List •Metropolitan Council’s Targeted Vendor list: Minnesota Unified Certification Program •Small Business Certification Program through Hennepin County, Ramsey County, and City of St. Paul: Central Certification Program v.The grantee must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. (c)Support documentation. Documentation of the bidding process utilized to contract services must be included in the grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable, for both municipalities and nongovernmental organizations. (d)Prevailing wage. For any project that includes construction work of $25,000 or more, prevailing wage rules apply per; Minn. Stat. §§177.41 through 177.44 consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals. Additional information on prevailing wage requirements is available on the Department of Labor and Industry (DOLI) website at https://www.dli.mn.gov/business/employment- practices/prevailing-wage-information. Questions about the application of prevailing wage rates should be directed to DOLI at 651-284-5091. The Grant recipient is solely responsible for payment of all required prevailing wage rates. (e)The grantee must not contract with vendors who are suspended or debarred in MN: http://www.mmd.admin.state.mn.us/debarredreport.asp. 7 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 8 Payment Procedures 8.1 Documentation Requirements. To obtain the payment approved for work under this grant contract, the grantee must follow all payment procedures documented within the CPL Payment Manual. 9 Authorized Representative The State's Authorized Representatives: Kathy Varble David Stein CPL Program Coordinator CPL Program Administrator 500 Lafayette Road Box #20 500 Lafayette Road Box #20 St. Paul, MN 55155 St. Paul, MN 55155 651-259-5216 651-259-5375 kathy.varble@state.mn.us david.stein@state.mn.us or successor(s) have the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative(s) are: Project Manager Fiscal Contact Steve Hart Steve Hart State Accounting Information PO Number: ________________ Rev. 8/21 8 Parks and Recreation Manager Parks and Recreation Manager 4646 Dakota Street SE 4646 Dakota Street SE Prior Lake, MN 55372 Prior Lake, MN 55372 shart@PriorLakeMN.gov 952-447-9822 952-447-9822 If the Grantee’s Authorized Representative(s) changes at any time during this grant contract, the Grantee must immediately notify the State. 10 Assignment, Amendments, Waiver, and Grant Contract Complete 10.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 10.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 10.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 10.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 11 Liability and Insurance 11.1 Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 11.2 General Insurance Requirements. The Grantee shall not commence work under the contract until proof of insurance or compliance with insurance requirements has been met. Grantee must meet the insurance requirements applicable to grantee’s project, as described in the FY2023 Conservation Partners Legacy Grant Program Request for Proposal, which is incorporated into this grant contract by reference. 11.3 Worker’s Compensation. The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 In the Event of a Lawsuit 12.1 An appropriation or portion of an appropriation from a legacy fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 12.2 Any grant contract or similar contract that awards money from a legacy fund must contain the information in paragraph 11.1, Liability. 13 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract, receipt and approval of all final reports, or the required period of time to satisfy all State Accounting Information PO Number: ________________ Rev. 8/21 9 state and program retention requirements, whichever is later. 14 Government Data Practices and Intellectual Property Rights 14.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 14.2 Intellectual Property Rights. (a)Intellectual Property Rights. All rights, title, and interest to all intellectual property rights, including all copyrights, patents, trade secrets, trademarks, and service marks in the works and documents funded through the State of Minnesota Conservation Partners Legacy Grant Program, shall be jointly owned by the Grantee and the State. Works shall mean all inventions, improvements, or discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes or disks, conceived, reduced to practice, created, or originated by the Grantee, its employees and subcontractors, either individually or jointly with others, in the performance of this contract. Documents shall mean the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, or subcontractors, in the performance of this contract. The ownership interests of the State and the Grantee in the works and documents shall equal the ratio of each party’s contributions to the total costs described in the Budget of this contract. The party’s ownership interest in the works and documents shall not be reduced by any royalties or revenues received from the sale of the products or the licensing or other activities arising from the use of the works and documents. Each party hereto shall, at the request of the other, execute all papers and perform all other acts necessary to transfer or record the appropriate ownership interests in the works and documents. (b)Obligations 1.Notification: Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time, or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this contract, the Grantee shall immediately give the State’s Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon. All decisions regarding the filing of patent, copyright, trademark or service mark applications and/or registrations shall be the joint decision of the Grantee and the State, and costs for such applications shall be divided as agreed by the parties at the time of the filing decisions. In the event the parties cannot agree on said filing decisions, the filing decision will be made by the State. 2.Representation: The Grantee shall perform all acts, and take all steps, necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Grantee and the State as agreed herein, and that no Grantee employee, agent, or contractor retains any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and shall not infringe upon any intellectual property rights of others. The Grantee shall indemnify, defend, and hold harmless the State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works and Documents infringe upon the intellectual property rights of others. The Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, State Accounting Information PO Number: ________________ Rev. 8/21 10 attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee shall, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works and Documents necessary and appropriate to obviate the claim. This remedy shall be in addition to, and not exclusive of, other remedies provided by law. (c)Uses of the Works and Documents. The State and Grantee shall jointly have the right to make, have made, reproduce, modify, distribute, perform, and otherwise use the works, including Documents produced under this Contract, for noncommercial research, scholarly work, government purposes, and other noncommercial purposes without payment or accounting to the other party. No commercial development, manufacture, marketing, reproduction, distribution, sales or licensing of the Works, including Documents, shall be authorized without a future written contract between the parties. (d)Possession of Documents. The Documents may remain in the possession of the Grantee. The State may inspect any of the Documents at any reasonable time. The Grantee shall provide a copy of the Documents to the State without cost upon the request of the State. 15 Data Compatibility and Availability Requirements 15.1 Data Compatibility. Data collected by the Projects funded under this contract that have value for planning and management of natural resources, emergency preparedness, and infrastructure investments shall conform to the enterprise information architecture developed by the Office of Enterprise Technology (or its successor). Spatial data must conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land Management Information Center. A description of these data that adheres to the Office of Enterprise Technology (or its successor) geographic metadata standards shall be submitted to the Land Management Information Center to be made available online through the clearinghouse and the data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, Chapter 13. 15.2 Data Availability. To the extent practicable, summary data and results of projects funded by this grant program should be readily accessible on the Grantee’s website and identified as a Lessard-Sams Outdoor Heritage Council and Conservation Partners Legacy Grant Program project. 16 Publicity, Advertising and Endorsement 16.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and L- SOHC as the sponsoring agency. A copy of any publicity shall be furnished to the State’s Authorized Representative upon its release. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 16.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 17 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18 Accessibility and Safety 18.1 Accessibility. Structural and nonstructural facilities and programs must meet all state and federal accessibility laws, regulations, and guidelines, including the American with Disabilities Act (ADA). Accessibility guidelines and standards can be found at http://www.access-board.gov. 18.2 Safety. All programs must adhere to federal safety regulations, which can be found on the Occupational Health and Safety Administration’s website at www.osha.gov/law-regs.html. 19 Subgrantees/ Vendor Services If any subgrants or contracts for any portion of the work covered under this grant contract are made to another State Accounting Information PO Number: ________________ Rev. 8/21 11 entity, the contract with the subgrantee or contractor will contain all appropriate provisions of this grant contract. It is recommended that all Subgrantees/Contractors carry the same insurance as the Grantee. Subgrantee or Vendor services must follow requirements listed in the Conservation Partners Legacy Grant Program (CPL) Request for Proposal, located at https://files.dnr.state.mn.us/fish_wildlife/cpl/fy22-rfp.pdf as applicable. 20 Purchase of Recycled or Recyclable Materials The purchase of recycled, repairable, and durable materials must be in compliance with Minn. Stat. § 16C.0725. The purchase and use of paper stock and printing must be in compliance with Minn. Stat. 16C.073. 21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 21.1. The prospective lower tier participant certifies, by submission of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 21.2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this contract. 22 Termination 22.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 22.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 23 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities. 24 Use of Funds for Match or Reimbursement Grant funds cannot be used by the Grantee as match or for reimbursement for any other grant or program without prior written authorization from the State’s Authorized Representative. (a)The Grantee must submit a written request for authorization no less than 10 business days prior to applying for the new funds or program to the State’s Authorized Representative. This request must include the following information: CPL project name, CPL grant contract number, the amount of CPL grant funds to be used, location where CPL grant funds were or will be used, activity the grant funded, and current landowner. The project name, location where the new funds will be used, activity to be funded, funding source of the new grant or program, and a brief description of the grant or program being applied for must also be included. (b)If the new grant or program will add any encumbrances to the land where grant funds were or will be spent, these encumbrances must be approved in writing by the State’s Authorized Representative and the current landowner. 25 Conflict of Interest Under the Minnesota Department of Administration’s Office of Grants Management Conflict of Interest Policy for State Grant Making (available at http://mn.gov/admin/images/grants_policy_08-01.pdf) and other applicable laws, Grantees must disclose actual, potential, perceived, and organizational conflicts of interest. State Accounting Information PO Number: ________________ Rev. 8/21 12 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: By: Name: Name: Title: Title: Date: Date: By: By: Name: Name: Title: Title: Date: Date: 1.STATE ENCUMBRANCE VERIFICATION 3.STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. '§ 16A.15 and 16C.05. 3.DEPARTMENT OF NATURAL RESOURCES By: ___________________________ By: ________________________________ Date: ___________________________ with delegated authority Purchase Order Number: Name: Dave Olfelt ________________________ Title: Director, Division of Fish and Wildlife Date: __________________________ Contract #:____________________ Data Date: April 21, 2023Revision: 20191104 CONSERVATION PARTNERS LEGACY GRANT DIVISION OF FISH AND WILDLIFE Project Name: Five Hawks Prairie Restoration PROJECT CONTACT Organization Name: City of Prior Lake Organization Type: Government Project Manager: Steve Hart Title: Parks and Recreation Manager Phone: 952-447-9822 Email: shart@PriorLakeMN.gov Mailing Address 1: 4646 Dakota Street SE City, State ZIP Code: Prior Lake, MN 55372 County Name: Scott Sites / Location PROJECT OVERVIEW Land Ownership Primary Land Ownership: Local Government Additional Land Ownerships: (N/A)Project Site Name: Westbury Ponds Park Total Project Sites: 1 Total Project Acres: 3 Primary Type: Prairie Habitat Activities Primary Activity: Restoration Additional Types: (N/A)Additional Activities: (N/A) $24,674Total Project Cost: $0Additional Funding Amount: $10,997 $13,677Total Grant Amount Requested: Grant Request Level: (N/A) Grant Type: (N/A) Total Match Amount Pledged: PROJECT FUNDING SUMMARY PROJECT SUMMARY Site includes a city park and adjacent school district property. The school district uses this area for outdoor education (elementary aged students). Site currently has invasive species (buckthorn, smooth brome, sumac, eastern red cedar) and will benefit from a prairie restoration project because of an education component (adjacent school; use for programming) and water quality component (drains to Upper Prior Lake - impaired for nutrient loading). PROBLEM STATEMENT Landbridge Ecological is under contract to perform all of the prairie restoration work. Some of the work has already been completed and will not be reimbursed under this grant. The following work is a part of the project: Cut and chip sumac - Sumac is invading around the edges of the site. Work includes cutting, chipping, and hauling. Pre-burn herbaceous invasive management (spot spray) - Invasives such as smooth brome is located throughout the site. Spot spray is needed to control these species. Burn - A prairie burn was completed in the fall of 2022. Entire site. Post-burn interseed - Native prairie seeding was accomplished in March 2023 to enhance the existing prairie area. Post-installation Integrated Plant Management - This work is planned for 2 visits per season for 3 seasons to ensure the restoration is established and maintained. (CPL Grant Application ID = 2206) CONSERVATION PARTNERS LEGACY GRANT PROBLEM STATEMENT (Continued) Post-installation woody removal and additional seeding - This work is planned for the winter of 2023-2024 and will consist of additional invasives removal (non-prairie species such as black walnut, ash, boxelder, buckthorn, honeysuckle). After the woody removal, additional native prairie seed will be installed within the footprints of the invasive trees. PROJECT OBJECTIVES CPL funding is needed for this project because the City does not have funding budgeted to restore this area. It has been neglected for many years as natural lands maintenance is not prioritized. Funding will allow the City to establish and maintain this area for the first 3 years after installation, using expert restoration contractors, giving it a chance to become well-established and decrease future maintenance costs. METHODS (N/A) EXPERIENCE / ABILITIES (N/A) PROJECT TIMELINE Time Frame Goal 2 visits/year for 3 years Post-installation Integrated Plant Management Winter 2023-2024 Post-installation woody removal and additional seedingWinter 2023-2024 Post-installation woody removal and additional seeding Estimated Project Completion Date: 2025-12-31 PROJECT INFORMATION (N/A) 1. Describe the degree of collaboration and local support for this project. (N/A) 2. Describe any urgency associated with this project. (N/A) 3. Discuss if there is full funding secured for this project, the sources of that funding and if CPL Grant funds will supplement or supplant existing funding. (N/A) 4. Describe public access at project site for hunting and fishing, identifying all open seasons. (N/A) 5. Discuss use of native vegetation (if applicable). (N/A) 6. Discuss your budget and why it is cost effective. 7. Provide information on how your organization encourages a local conservation culture. This includes your organization's history of promoting conservation in the local area, visibility of work to the public and any activities and outreach your organization has completed in the local area. (N/A) BUDGET INFORMATION - Page 2 - CONSERVATION PARTNERS LEGACY GRANT BUDGET INFORMATION (Continued) City, State ZIP Code: Prior Lake, MN 55372 Organization's Fiscal Contact Information Name: Steve Hart Title: Parks and Recreation Manager Email: shart@PriorLakeMN.gov Phone: 952-447-9822 Street Address 1: 4646 Dakota Street SE Budget Details Contracts Amount Grant/Match In-kind/CashContractor Name Contracted Work Landbridge Ecolocical work already completed $10,997 Match Cash Landbridge Ecological Post-installation IPM $8,502 Grant (N/A) Landbridge Ecological Woody Removal $3,950 Grant (N/A) Landbridge Ecological Dormant seeding $1,225 Grant (N/A) Additional Funding Additional Funding Amount:$0 Budget Overview TotalMatchGrantItem Type Personnel - - - Contracts $13,677 $10,997 $24,674 Fee Acquisition with PILT - - - Fee Acquisition without PILT - - - Easement Acquisition - - - Easement Stewardship - - - Travel (in-state) - - - Professional Services - - - DNR Land Acquisition Cost - - - Equipment/Tools/Supplies - - - Additional Budget Items - - - Totals:$13,677 $10,997 $24,674 SITE INFORMATION You may group your project sites together as long as land ownership, activity and habitat information is the same for the land manager. Email: jtheisen@priorlakemn.gov Phone: 952-447-9899 Title: Maintenance Superindendent Organization: City of Prior Lake Name: Jake Theisen Land Manager Habitat:Prairie Activity:Restoration Land Ownership:Local Government Site Information (1)Open to Public Hunting?NoSite Name: Five Hawks Prairie Acres: 3 DOW Lake #: (N/A)Open to Public Fishing?Yes - all PLS Section: Township - 114, Range - 22W, Section - 2 NATURAL HERITAGE DATABASE REVIEW Natural Heritage elements were found within my project site(s): No - Page 3 - CONSERVATION PARTNERS LEGACY GRANT ATTACHMENTS Additional Documentation Attach additional documentation as applicable using the appropriate cagtegories below. If you exceed the size limit while uploading, contact CPL Grant staff to discuss your options. Restoration Plan File Name Description 5_Hawks_Prairie-_Revised_Bid_02.07.23.pdf Supplemental Document File Name Description 20220822_Prairie_Map_-_removals_update.pdf FINAL APPLICATION SUBMISSION P I certify that I have read the Conservation Partners Legacy Grants Program Request for Proposal, Program Manual and other program documents, and have discussed this project with the appropriate public land manager, or private landowner and easement holder. P I certify I am authorized to apply for and manage these grant and match funds, and the project work by the organization or agency listed below. I certify this organization to have the financial capability to complete this project and that it will comply with all applicable laws and regulations. P I certify that all of the information contained in this application is correct as of the time of the submission. If anything should change, I will contact CPL Grant staff immediately to make corrections. P I certify that if funded I will give consideration to and make timely written contact to Minnesota Conservation Corps or its successor for consideration of possible use of their services to contract for restoration and enhancement services. I will provide CPL Grant staff a copy of that written contact within 10 days after the execution of my grant, should I be awarded. P I certify that I am aware at least one Land Manager Review and Approval form is required for every application and at least one Public Waters Contact form is required for all public waters work. I am aware I must submit all completed forms by uploading them into this applidation. I have attached the required type and number of forms as necessary for this project. P I am aware that by typing my name in the box below, I am applying my signature to this online document. Signature: Pete Young Organization / Agency: City of Prior Lake Date Signed: March 13, 2023Title: Water Resources Engineer (CPL Grant Application ID = 2206) - Page 4 - 5 Hawks Prairie Legend 5 Hawks Prairie Five Hawks Elementary School 200 ft N ➤➤ N Image Landsat / Copernicus Image Landsat / Copernicus Image Landsat / Copernicus ITEM: 9A CITY COUNCIL AGENDA REPORT MEETING DATE: June 05, 2023 PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Resolution Approving a Minor Amendment to the Jeffers Pond PUD for the Preserve at Jeffers Pond and a Resolution Approving the Final Plat and Development Agreement for Jeffers Pond Ninth Addition RECOMMENDED ACTION: Approval of a resolution approving a minor amendment to the Jeffers Pond Planned Unit Development (PUD) Plan and approval of a resolution approving the Final Plat and Development Agreement for Jeffers Pond Ninth Addition. BACKGROUND: Chase Real Estate, Inc. on behalf of Gallery Prior Lake, LLC, is requesting approval of a minor amendment to the Jeffers Pond PUD Plan and approval of a resolution approving the Final Plat and Development Agreement for Jeffers Pond Ninth Addition. The subject property is located on Outlot B, Jeffers Pond 1st Addition in the southwest corner of the CSAH 42 and Fountain Hills Drive NW intersection at 3729 Fountain Hills Drive NW (PID 254371690). The original PUD Plan for Jeffers Pond was approved in 2005. Since that time the residential neighborhoods have been platted and developed, as well as the streets, public park/trail system, elementary school, fire station, and one commercial development (Lil’ Explorers Daycare). Three outlots remain undeveloped including the subject property, Outlot B, Jeffers Pond 1st Addition. The City Council approved a Major Amendment to the Planned Unit Development plan for the Preserve at Jeffers Pond On May 2, 2022 at the request of RCP Construction and Development LLC, on behalf of then property owner United Properties Residential LLC. The PUD amendment approved the construction of a four-story market rate apartment building containing 197 units. The property has since been sold to Chase Real Estate, Inc. and minor development revisions have been proposed. Current Circumstances The following paragraphs outline the physical characteristics of the site, zoning designations, and information as it relates to the proposed Preserve at Jeffers Pond project. PHYSICAL SITE CHARACTERISTICS: Site Area: Outlot B, Jeffers Pond 1st Addition consists of approximately 9.28 acres. A single detached accessory structure exists on the site. Topography: This area has elevations which change approximately 13 feet from 889’ by the wetland on the west portion of the property to approximately 902’ at the highest point near the center of the property. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 9A Page | 2 Wetlands: One DNR protected wetland exists on the site. No wetland impacts are anticipated; however, any future features associated with the Preserve at Jeffers Pond project that may impact the wetland (example: docks, fountains, etc.) will require review and/or permits from the DNR. Access: The current access to the site is a single curb cut off CSAH 42. This access is proposed to be removed and the site will be accessed from Jeffers Parkway NW, south of the existing roundabout. Zoning: The site is zoned Planned Unit Development (PUD). Parks / Trails: There is an existing sidewalk along the west side of Jeffers Parkway and Trail along the west side of Fountain Hills Drive which connects to the existing regional trail along the south side of CSAH 42. In addition, there is an existing trail on the east side of Jeffers Parkway to provide access to the Jeffers Pond development to the south and to a trail that runs along CH21 to the east. Jeffers Pond includes park facilities to serve this development. Tree Preservation/Landscaping: Prior Lake City Code requires one (1) tree per 40 feet of site perimeter. The site perimeter is 1,837 lineal feet which requires 46 trees. The applicant has submitted a landscaping plan that incorporates 72 total trees; 20 overstory, 31 coniferous, and 21 ornamentals. Parking: The proposed development includes 197 total units; 156 one bed units, 39 two bed units, and 2 three bed units, for a total of 240 bedrooms. The development proposes 282 total parking stalls, 182 of which are underground. Sanitary Sewer / Water Mains: Sanitary sewer and watermain service are available in Jeffers Parkway NW. Grading / Storm Water: The applicant proposes to direct storm water to a new infiltration basin to the southwest. The new basin will function as part of the regional storm water system designed for the Jeffers Pond development. Fees and Assessments: This development will be subject to the standard development fees, including utility service charges, except for parkland dedication which was satisfied with the original phase of the Jeffers Pond development. Minor Amendment to the PUD Plan Prior Lake City Code Subsection 1132.1301 addresses minor amendments to Preliminary and or Final PUD Plans. Minor amendments include changes that increase conformity with City Code requirements; decrease residential density, leasable floor area, building height, impervious surface and/or required parking; minor building additions and floor plan modifications that do not increase parking requirements or reduce useable open space. The most significant modifications from the previously approved plan are a decrease in the building footprint, removal of covered parking that was proposed to occupy a portion of the first floor, increase in the square footage of the underground parking, and removal of a portion of the northeast section of the building. i. Residential density will not change. The revised plan maintains the previously approved 197 units and 240 total bedrooms. ii. Leasable floor area does not increase with the revised plan. Item 9A Page | 3 iii. Building height will be reduced from the previously approved roof height of 45’9” to 44’1”; and the height to peak will be reduced from 49’3” to 46’7”. iv. Impervious surface coverage is being reduced from 102,231 sq. ft. to 99,694 sq. ft. and the building footprint is being reduced from the previously approved 55,541 sq. ft. to 50,930 sq. ft. v. Additional parking is being proposed. The previously approved plan included a total of 273 parking stalls (209 covered and 64 surface); the current plan is proposing 282 total parking stalls (182 covered and 100 surface). The parking stall ratio is increasing from 1.39/unit to 1.43/unit and increasing from 1.14/bedroom to 1.18/bedroom. vi. Setbacks are also proposed to be amended slightly; however, any proposed revisions increase the setback from adjacent properties and rights-of-way. The north building setback is proposed to remain at 15 ft. the side yard setback to the closest residential property to the south is proposed to increase from 85.7 ft. to 87.5 ft.; the northeast building corner setback is proposed to increase from 60.7 ft. to 83.5 ft. PUDs provide a flexible approach to development that allows creative, efficient, and effective use of land, including the mixing of land uses. The proposed Preserve at Jeffers Pond project offers a high-density residential housing option not currently available in the Jeffers Pond Development. High density residential housing was approved as part of the original PUD Plan and was always anticipated, in addition to commercial uses in this area. The PUD must be reviewed based on the criteria found in Section 1132 of the Zoning Ordinance. The criteria which are applicable to the proposed Major Amendment request are discussed below: 1) Provides a flexible approach to development which is in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance. The proposed PUD is in harmony with the purpose and intent of the Zoning Ordinance and consistent with the Comprehensive Land Use Plan designations for high density residential development in this area. 2) More creative, efficient, and effective use of land, open space, and public facilities through mixing of land uses. The proposed PUD provides over 50% of open space on the site. 3) Create a sense of place and provide more interaction among people. The proposed PUD proposes a multi-family residential structure with interior community meeting space and exterior pool and recreational opportunities. 4) Increase transportation options, such as walking, biking, or bussing. The proposed development is near existing regional trails which will provide convenient access for future tenants. 5) Provide opportunities for life cycle housing to all ages. The proposed PUD provides opportunities for current and future residents of Prior Lake that are seeking market rate rental housing options. 6) Provide more efficient and effective use of streets, utilities, and public facilities that support high quality land use development at a lesser cost. The proposed PUD will utilize existing street and utility infrastructure which was designed and installed previously to accommodate high density residential and commercial uses in the area. Item 9A Page | 4 7) Enhanced incorporation of recreational, public, and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. The PUD district also encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site. The proposed PUD is consistent with the originally approved plan related to high density residential in this area of the Jeffers Pond development. The original Jeffers Pond PUD conveyed property to the public for recreation and open space use. 8) Preserves and enhances desirable site characteristics and open space, and protection of sensitive environmental features including, but not limited to, steep slopes, wetlands, and trees. Where applicable, the PUD should also encourage historic preservation, re-use, and redevelopment of existing buildings. The proposed PUD does not include any changes to the existing wetland and wooded areas on the west half of the site. 9) High quality of design compatible with surrounding land uses, including both existing and planned. The proposed architectural design of the building is intended to compliment adjacent residential properties and the surrounding natural areas. The applicant has committed to the use of architectural standards including but not limited to varying building materials, accent design features, as well as varying wall depths and wall heights. Final Plat Jeffers Pond First Addition was approved by the Prior Lake City Council on June 6, 2005. Jeffers Pond First Addition included a 9.287-acre outlot, identified as Outlot B, which was reserved for future phases of development. Outlot B, Jeffers Pond First Addition is proposed to be platted as Lot 1, Block 1, Jeffers Pond Ninth Addition. Platting the outlot will make the parcel buildable and allow for the construction of the proposed 197-unit market rate multi-family development. The principal requirements for final plat approval include a development agreement (attached) that specifies the development fees and other requirements for the platted lot(s). Conclusion the developer is complying with the originally approved PUD Plan for Jeffers Pond and the previously approved Major PUD Amendment by incorporating a high-density residential life cycle housing option which has always been anticipated in the Jeffers Pond Development and they are within the allowances for impervious surface. The attached City of Prior Lake staff memorandum identifies staff comments that will need to be addressed prior to issuance of construction or grading permits. City staff does not feel that addressing these comments will substantially alter the PUD plans. FINANCIAL IMPACT: Approval of the proposed Minor PUD Amendment and Final Plat would allow for construction of a 197-unit market rate apartment building which will help diversify the city's tax base. Item 9A Page | 5 ALTERNATIVES: 1. Motion and second approving a resolution approving a minor amendment to the Preserve at Jeffers Pond PUD Plan and a resolution approving the Final Plat and Development Agreement for Jeffers Pond Ninth Addition. 2. Motion and a second to deny approval of a minor amendment to the Preserve at Jeffers Pond PUD Plan and/or the Final Plat and Development Agreement for Jeffers Pond Ninth Addition. 3. Provide direction to staff and continue discussion at a future meeting. ATTACHMENTS: 1. Resolution – Minor PUD Amendment 2. Resolution – Final Plat 3. Location Map 4. PUD Plan – Site, Civil, Grading, & Landscaping 5. PUD Plan – Architectural 6. Final Plat 7. Development Agreement 8. City Staff Memorandum Dated May 18, 2023 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-____ A RESOLUTION APPROVING A MINOR AMENDMENT TO THE JEFFERS POND PLANNED UNIT DEVELOPMENT (PUD) PLAN Motion By: Second By: WHEREAS, Chase Real Estate, Inc. (the “Property Owner”), on behalf of Gallery Prior Lake, LLC (the “Developer”), has applied for a Minor Amendment to the Jeffers Pond Planned Unit Development (PUD) plan; and WHEREAS, the City Council approved the original Jeffers Pond PUD Plan per Resolution 05- 107 on June 6, 2005; and WHEREAS, the Prior Lake Planning Commission conducted a public hearing on April 25, 2022 to consider a request from RCP Construction and Development LLC, on behalf of the property owner United Properties Residential LLC, for a Major Amendment to the Jeffers Pond PUD Plan for a development to be known as The Preserve at Jeffers Pond to allow the construction of a four-story market rate apartment building containing 197 units on Outlot B, Jeffers Pond First Addition (PID 254371690) (the “Property”); and WHEREAS, Notice of the public hearing on said hearing was duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinance; and WHEREAS, the Prior Lake City Council approved the Major PUD Amendment for the Preserve at Jeffers Pond on May 2, 2022; and WHEREAS, the Property was sold by United Properties Residential LLC to Chase Real Estate, Inc. on December 22, 2022; and WHEREAS, on June 5, 2023 the Prior Lake City Council considered a request from Chase Real Estate, Inc. (the “Property Owner”), on behalf of Gallery Prior Lake, LLC (the “Developer”), for a Minor PUD Amendment for the Preserve at Jeffers Pond; and WHEREAS, the Prior Lake City Council has the authority to impose reasonable conditions on a Minor Amendment to the PUD. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Minor Amendment to the Jeffers Pond PUD is hereby approved for the Preserve at Jeffers Pond subject to the following conditions: a. The Developer shall obtain a grading permit from the City Engineering Department prior to any work on the stie. b. The Developer shall obtain required permits from other state or local agencies as applicable prior to any work on the site. c. The Developer shall revise the plans and provide all information in accordance with the requirements contained in the City staff memorandum dated May 18, 2023 prior to any work on the site. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ __________________________ Jason Wedel, City Manager 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23-___ A RESOLUTION APPROVING THE JEFFERS POND NINTH ADDITION FINAL PLAT AND DEVELOPMENT AGREEMENT Motion By: Second By: WHEREAS, Chase Real Estate, Inc. (the “Property Owner”), on behalf of Gallery Prior Lake, LLC (the “Developer”), has submitted an application to the City of Prior Lake for approval of a final plat for Jeffers Pond Ninth Addition; and WHEREAS, Jeffers Pond Ninth Addition is a replat of Outlot B, Jeffers Pond First Addition, (PID 254371690); and WHEREAS, the City Council has found that the final plat of Jeffers Pond Ninth Addition is in substantial compliance with the approved plat of Jeffers Pond First Addition. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The final plat of Jeffers Pond Ninth Addition is approved subject to the following conditions, which shall be met by the Property Owner prior to release and recording of the final plat: a. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney. b. Payment of all fees prior to release of the final plat mylars. c. Three mylar sets of the final plat with all required signatures are submitted. d. The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final plat approval. Failure to record the documents by September 3, 2023 will render the final plat null and void. 3. The following conditions shall be met by the Developer prior to issuance of a grading or building permit for any work on the site. a. The Developer shall obtain a grading permit from the City Engineering Department. b. The Developer shall obtain required permits from other state or local agencies as applicable. c. The Developer shall revise the plans and provide all information in accordance with the requirements contained in the City staff memorandum dated May 18, 2023. 4. The Mayor and City Manager are hereby authorized to execute the Development Agreement on behalf of the City. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ __________________________ Jason Wedel, City Manager LOCATION MAP 01-ENG-122144-SHEET-COVR 0.1 SITE PLANPUD PLANEXISTING CONDITIONS & REMOVALSLEGENDCOVERSHEET INDEX0.10.21.12.12.2 THE PRESERVE AT JEFFERS POND PUD AMENDMENT PLAN PRIOR LAKE , MINNESOTA COVER Know what's below. before you dig.Call R SHORELAND OVERLAY PLAN3.1 GRADING PLAN4.1-4.2 EROSION CONTROL & SEEDING PLAN4.4 WALL CONSTRUCTION PLAN4.5 GRADING DETAILS & NOTES4.6-4.7 SANITARY & WATERMAIN PLAN5.1 STORM SEWER PLAN6.1-6.2 DRAINTILE PLAN6.3-6.4 PARKING LOT CONSTRUCTION7.1 DETAILS8.1-8.4 LANDSCAPE PLANL1. FIRE ACCESS DETAILF1. SIGHT DISTANCE GRAPHICS1. I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 WETLAND OVERFLOW EXHIBIT4.3 01-ENG-122144-SHEET-LGND 0.2LEGEND I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-EXCON-DEMO 1.1EXISTING CONDITIONS & REMOVAL PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-SITE-PUD 2.1PUD PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-SITE-PUD 2.2SITE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-SHORELAND 3.1SHORELAND OVERLAY I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-GRAD 4.1GRADING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-GRAD 4.2GRADING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-EOF 4.3WETLAND EOF EXHIBIT I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 LEGEND · · · · · · · · · · · · · · · · · · 01-ENG-122144-SHEET-EROS 4.4EROSION CONTROL & SEEDING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 EROSION CONTROL PLAN SEEDING PLAN WALL A TOP WALL B TOP WALL C TOP 01-ENG-122144-SHEET-WALL 4.5WALL DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 · · · · · · · · 01-ENG-122144-SHEET-GRAD-DTLS 4.6GRADING DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 · 01-ENG-122144-SHEET-GRAD-DTLS 4.7GRADING DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-SSWR 5.1SANITARY & WATERMAIN PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 III 01-ENG-122144-SHEET-STRM 6.1STORM SEWER CONSTRUCTION I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-STRM 6.2STORM SEWER CONSTRUCTION I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DRAINTILE 6.3DRAINTILE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DRAINTILE 6.4DRAINTILE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-ROAD 7.1PARKING LOT CONSTRUCTION I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DTLS 8.1DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DTLS 8.2DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DTLS 8.3DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-DTLS 8.4DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 23OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 PATIO WITH GAZEBO/PERGOLA, SEATING, AND GRILL STATIONS FIREPIT ROCK ROCK ROCK ROCK ROCK ROCK ROCK ROCK WOOD WOOD WOOD WOOD WOOD WOOD SOD SOD ARTIFICIAL TURF SOD PATIO POOL PERENNIAL/SHRUB GARDENS CENTER ISLAND TO BE MULCHED WITH ROCK MULCH TO A DEPTH OF 3" OVER FIBER MAT WEED BARRIER PLANTED WITH ORNAMENTAL GRASSES AROUND LIMESTONE OUTCROPPINGS ROCK ROCKROCKROCK 1OFJLT JLT Name Reg. No.Date I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson L1LANDSCAPE PLAN c OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 02-09-2023 BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 01-ENG-122144-SHEET-VEHC-TRAC-FIRE F1FIRE ACCESS PLAN 1 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 PATIO WITH GAZEBO/PERGOLA, SEATING, AND GRILL STATIONS FIREPIT ROCK ROCK ROCK ROCK ROCK ROCK ROCK ROCK WOOD WOOD WOOD WOOD WOOD WOOD SOD SOD ARTIFICIAL TURF SOD PATIO POOL PERENNIAL/SHRUB GARDENS CENTER ISLAND TO BE MULCHED WITH ROCK MULCH TO A DEPTH OF 3" OVER FIBER MAT WEED BARRIER ROCK ROCK ROCKROCK MNS-30 PC-40 MC-30 WLC - 3 0 RS-25 PC-20 AGR-50 WL C - 2 5 MC-40 PC-40 W L C - 2 5 PC-40 AG R - 3 5 MC-15 PC-20 WLC-25 AGR-20 PC - 2 0 WLC-20 MNS-20 AGR-20PC-20 WLC-20 W L C - 1 5 BW-25 B W - 2 0 AL- 2 0 M N S - 2 0 RS-20 MN S - 2 0 A G R - 2 0 B W - 3 0 RPW-3 KFG-8 MC-40 MJ-6 GBS-1 JWS-7 TY-4 TY-6 TY-7 TY-8 TY-4 TY-4TY-8TY-4 AWS-8 GBS-1 AH-6 GBS-1 CR-20 CR-15 GBS-1 JWS-5 AH-5 KFG-10 AH-5 AH-5 KFG-5 RPW-3 AWS-6 TY-4 KFG-10 TWN-6 TY-4 CAV-3 DKL-7 TWN-5 NFS-14 CR-7 JWS-10 TWN-3 RPW-3 DKL-5 SV-4 AWS-18 CCJ-12 RPW-3 RPW-3 GBS-1 AH-3 AH-6AH-6 AH-4 TY-4 TY-4 TY-4 TY-4 RPW-3 RPW-3 DKL-5NFS-6 JWS-6NFS-5RPW-6 DKL-5 DKL-5 TWN-3 BH-15 ID-10 AH-5 AWS-13 BH-11 DKL-19 KFG-70 AH-3 AH-3 NFS-4 GRILLS STEPPING STONESE AMENITY AREA DETAILS AND PLANT SCHEDULE SHEETS L2-3 KFG-4 LB-5 LB-6 LB-8 LB-8 KFG-4 LB-5 KFG-8 KFG-5 KFG-8 FIREPIT CR-7 CR-7 TWN-5 GAZEBO/PERGOLA PATIO ROCK 01-ENG-122144-SHEET-SIGHT S1SIGHT DISTANCE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA GALLERY PRIOR LAKE, LLC 2140 COUNTY RD. 42 W 02-9-2023 JMM JMM/MSN Name Reg. No.Date Revisions 1. City Comments 04-07-2023 Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-09-2023 John M. Molinaro BURNSVILLE, MN 55337 2. DOL Comments 05-02-2023 1 62,959 ft² Parking Garage 240 ft² Stair 240 ft² Stair 9'- 0 " T y p . 18'-0" Typ.24'-0" Drive Aisle 18'-0" Typ.14'-0" Tandem 18'-0" Typ.24'-0" Drive Aisle 18'-0" Typ. ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRICNOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s 1/16" = 1'-0" 02 / 1 7 / 2 3 1 6 : 1 6 : 3 5 FLOOR PLANS - LEVEL -1 Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.0 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level -1 PARKING Level Type Count Level -1 Parking - Garage 182 Level -1 Parking - Garage Tandem 22 204 Rev. No. Revision Date 02.27.2023 1,155 ft² Fitness 1,155 ft² Club Room 996 ft² Leasing 3 BR 823 ft² Core 922 ft² Core 2 BR 2 BR 2 BR 2 BR1 BR2 BR 1 BR2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 1,625 ft² Lobby 812 ft² Lobby 812 ft² Yoga 6.1 3 6.21 6.2 3 6.2 2 6.3 2 6.3 1 6.15 6.1 4 6.12 6.1 1 POOL DECK 1 BR 1 BR 292 ft² Stair 292 ft² Stair 1 BR 1 BR 1 BR 1 BR POOL GRILL AREA APARTMENT UNIT COUNT: TOTAL ONE BEDROOM UNITS: 156 TOTAL TWO BEDROOM UNITS: 39 TOTAL THREE BEDROOM UNITS: 2 GRAND TOTAL UNITS: 197NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s As indicated 02 / 1 7 / 2 3 1 6 : 1 6 : 3 6 FLOOR PLANS - LEVEL 1 Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.1 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level 1 UNIT MIX - NET RESIDENTIAL SF Name Count Unit Net Area Total Area %Main Floor 1BR Unit A1 16 625 ft² 10,003 ft² 8% Unit A2 64 695 ft² 44,501 ft² 32% Unit A3 40 750 ft² 30,000 ft² 20% Unit A4 28 858 ft² 24,018 ft² 14% Unit A5 8 812 ft² 6,500 ft² 4% 156 115,022 ft² 79% 2BR Unit C1 16 1,230 ft² 19,683 ft² 8% Unit C2 8 988 ft² 7,901 ft² 4% Unit C3 3 996 ft² 2,989 ft² 2% Unit C4 4 1,057 ft² 4,229 ft² 2% Unit C5 6 1,155 ft² 6,931 ft² 3% Unit C6 2 1,308 ft² 2,616 ft² 1% 39 44,350 ft² 20% 3BR Unit D1 2 1,311 ft² 2,622 ft² 1% 2 2,622 ft² 1% Grand total 197 161,994 ft² 100% Rev. No. Revision Date Total Gross Area Level Area Level -1 64,198 ft² Level 1 50,066 ft² Level 2 49,093 ft² Level 3 50,063 ft² Level 4 50,063 ft² Grand total 263,484 ft² 02.27.202302.27.2023 TWO-STORY LOBBY2 BR 2 BR 3 BR 823 ft² Core 922 ft² Core 2 BR 2 BR 2 BR 2 BR1 BR2 BR 1 BR2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 1 BR 6.1 3 6.21 6.2 3 6.2 2 6.3 2 6.3 1 6.15 6.1 4 6.12 6.1 1 1,625 ft² Community Room 292 ft² Stair 292 ft² Stair 2 BR 1 BR 1 BR 1 BR 1 BRMEZZANINESTUDYMEZZANINESTUDYAPARTMENT UNIT COUNT: TOTAL ONE BEDROOM UNITS: 156 TOTAL TWO BEDROOM UNITS: 39 TOTAL THREE BEDROOM UNITS: 2 GRAND TOTAL UNITS: 197NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s As indicated 02 / 1 7 / 2 3 1 6 : 1 6 : 3 7 FLOOR PLANS - LEVEL 2 KWA 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.2 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level 2 UNIT MIX - NET RESIDENTIAL SF Name Count Unit Net Area Total Area %Main Floor 1BR Unit A1 16 625 ft² 10,003 ft² 8% Unit A2 64 695 ft² 44,501 ft² 32% Unit A3 40 750 ft² 30,000 ft² 20% Unit A4 28 858 ft² 24,018 ft² 14% Unit A5 8 812 ft² 6,500 ft² 4% 156 115,022 ft² 79% 2BR Unit C1 16 1,230 ft² 19,683 ft² 8% Unit C2 8 988 ft² 7,901 ft² 4% Unit C3 3 996 ft² 2,989 ft² 2% Unit C4 4 1,057 ft² 4,229 ft² 2% Unit C5 6 1,155 ft² 6,931 ft² 3% Unit C6 2 1,308 ft² 2,616 ft² 1% 39 44,350 ft² 20% 3BR Unit D1 2 1,311 ft² 2,622 ft² 1% 2 2,622 ft² 1% Grand total 197 161,994 ft² 100% Rev. No. Revision Date Total Gross Area Level Area Level -1 64,198 ft² Level 1 50,066 ft² Level 2 49,093 ft² Level 3 50,063 ft² Level 4 50,063 ft² Grand total 263,484 ft² 02.27.202302.27.2023 2 BR 2 BR 2 BR 823 ft² Core 922 ft² Core 2 BR 2 BR 2 BR 2 BR1 BR2 BR 1 BR2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 1 BR 6.1 3 6.21 6.2 3 6.2 2 6.3 2 6.3 1 6.15 6.1 4 6.12 6.1 1 1 BR 1 BR 1 BR 1 BR 2 BR 292 ft² Stair 292 ft² Stair 1 BR 1 BR 1 BR 1 BR APARTMENT UNIT COUNT: TOTAL ONE BEDROOM UNITS: 156 TOTAL TWO BEDROOM UNITS: 39 TOTAL THREE BEDROOM UNITS: 2 GRAND TOTAL UNITS: 197NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s As indicated 02 / 1 7 / 2 3 1 6 : 1 6 : 3 8 FLOOR PLANS - LEVEL 3 Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.3 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level 3 UNIT MIX - NET RESIDENTIAL SF Name Count Unit Net Area Total Area %Main Floor 1BR Unit A1 16 625 ft² 10,003 ft² 8% Unit A2 64 695 ft² 44,501 ft² 32% Unit A3 40 750 ft² 30,000 ft² 20% Unit A4 28 858 ft² 24,018 ft² 14% Unit A5 8 812 ft² 6,500 ft² 4% 156 115,022 ft² 79% 2BR Unit C1 16 1,230 ft² 19,683 ft² 8% Unit C2 8 988 ft² 7,901 ft² 4% Unit C3 3 996 ft² 2,989 ft² 2% Unit C4 4 1,057 ft² 4,229 ft² 2% Unit C5 6 1,155 ft² 6,931 ft² 3% Unit C6 2 1,308 ft² 2,616 ft² 1% 39 44,350 ft² 20% 3BR Unit D1 2 1,311 ft² 2,622 ft² 1% 2 2,622 ft² 1% Grand total 197 161,994 ft² 100% Rev. No. Revision Date Total Gross Area Level Area Level -1 64,198 ft² Level 1 50,066 ft² Level 2 49,093 ft² Level 3 50,063 ft² Level 4 50,063 ft² Grand total 263,484 ft² 02.27.202302.27.2023 2 BR 2 BR 2 BR 823 ft² Core 922 ft² Core 2 BR 2 BR 2 BR 2 BR1 BR2 BR 1 BR2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR 2 BR 1 BR 1 BR 1 BR 1 BR 1 BR 1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 1 BR 6.1 3 6.21 6.2 3 6.2 2 6.3 2 6.3 1 6.15 6.1 4 6.12 6.1 1 1 BR 1 BR 2 BR 1 BR 1 BR 292 ft² Stair 292 ft² Stair 1 BR 1 BR 1 BR 1 BR APARTMENT UNIT COUNT: TOTAL ONE BEDROOM UNITS: 156 TOTAL TWO BEDROOM UNITS: 39 TOTAL THREE BEDROOM UNITS: 2 GRAND TOTAL UNITS: 197NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s As indicated 02 / 1 7 / 2 3 1 6 : 1 6 : 3 9 FLOOR PLANS - LEVEL 4 Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 3.4 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 1/16" = 1'-0"1 Level 4 UNIT MIX - NET RESIDENTIAL SF Name Count Unit Net Area Total Area %Main Floor 1BR Unit A1 16 625 ft² 10,003 ft² 8% Unit A2 64 695 ft² 44,501 ft² 32% Unit A3 40 750 ft² 30,000 ft² 20% Unit A4 28 858 ft² 24,018 ft² 14% Unit A5 8 812 ft² 6,500 ft² 4% 156 115,022 ft² 79% 2BR Unit C1 16 1,230 ft² 19,683 ft² 8% Unit C2 8 988 ft² 7,901 ft² 4% Unit C3 3 996 ft² 2,989 ft² 2% Unit C4 4 1,057 ft² 4,229 ft² 2% Unit C5 6 1,155 ft² 6,931 ft² 3% Unit C6 2 1,308 ft² 2,616 ft² 1% 39 44,350 ft² 20% 3BR Unit D1 2 1,311 ft² 2,622 ft² 1% 2 2,622 ft² 1% Grand total 197 161,994 ft² 100% Rev. No. Revision Date Total Gross Area Level Area Level -1 64,198 ft² Level 1 50,066 ft² Level 2 49,093 ft² Level 3 50,063 ft² Level 4 50,063 ft² Grand total 263,484 ft² 02.27.2023 Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 12 1 4 56789 10 1112 2'- 6 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " T.O. Parapet 144'-0 3/4" Height Limit 150'-0" Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 1 6 5 12 7 91011 8 T.O. Parapet 144'-0 3/4" 2'- 6 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Height Limit 150'-0" Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 7 4 12 4 9 5 6 5 12 T.O. Parapet 144'-0 3/4"1'- 0 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Height Limit 150'-0" Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 1 5 10 11 12 4 8 9 3 5 6 T.O. Parapet 144'-0 3/4" 11 ' - 4 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 9'- 1 1 / 8 " 3'- 0 " Height Limit 150'-0" Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 3 1 12 12 5 7 12 9 T.O. Parapet 144'-0 3/4" 2'- 6 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Height Limit 150'-0"NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s 3/32" = 1'-0" 02 / 1 7 / 2 3 1 6 : 1 6 : 4 2 EXTERIOR ELEVATIONS Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 6.1 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS 3/32" = 1'-0"3 Elevation - Courtyard South 3/32" = 1'-0"1 Elevation - Courtyard Southeast 3/32" = 1'-0"2 Elevation - Courtyard East 3/32" = 1'-0"4 Elevation - Courtyard North 3/32" = 1'-0"5 Elevation - South End MATERIAL INDEX Material Mark Description 1 MASONRY SYNTHETIC STONE/BRICK 2 MASONRY HEAD/SILL 3 DECORATIVE MASONRY BURNISHED BLOCK 4 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: SANDSTONE 5 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: WOODTONE 6 SYNTHETIC 6" LAP SIDING (FIBER-CEMENT); COLOR: TAN 7 PREFINISHED METAL FLASHING; COLOR: DARK BRONZE 8 COMPOSITE WINDOWS 9 PREFINISHED ALUMINUM DECKS AND RAILINGS, BLACK 10 ALUMINUM BRACKETS, PAINTED; BLACK 11 DECORATIVE BEAMS 12 SYNTHETIC SIDING (PREFINISHED METAL); COLOR: BRONZE Rev. No. Revision Date 46 ' - 6 3 / 4 " 46 ' - 6 3 / 4 " 44 ' - 3 / 4 " 02.27.2023 Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 1 5 12 7 12 11 10 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 2'- 6 1 / 8 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 1 5 7 12 8 4 6 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 11 ' - 4 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 9'- 1 1 / 8 " 3'- 0 " 2'- 6 1 / 8 " Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 12 2 12 5 7 4 56 91011 12 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 1'- 0 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 "NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s 3/32" = 1'-0" 02 / 1 7 / 2 3 1 6 : 1 6 : 4 4 EXTERIOR ELEVATIONS Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 6.2 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS3/32" = 1'-0"1 Elevation - North End 3/32" = 1'-0"3 Elevation - North 3/32" = 1'-0"2 Elevation - Northwest MATERIAL INDEX Material Mark Description 1 MASONRY SYNTHETIC STONE/BRICK 2 MASONRY HEAD/SILL 3 DECORATIVE MASONRY BURNISHED BLOCK 4 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: SANDSTONE 5 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: WOODTONE 6 SYNTHETIC 6" LAP SIDING (FIBER-CEMENT); COLOR: TAN 7 PREFINISHED METAL FLASHING; COLOR: DARK BRONZE 8 COMPOSITE WINDOWS 9 PREFINISHED ALUMINUM DECKS AND RAILINGS, BLACK 10 ALUMINUM BRACKETS, PAINTED; BLACK 11 DECORATIVE BEAMS 12 SYNTHETIC SIDING (PREFINISHED METAL); COLOR: BRONZE Rev. No. Revision Date 02.27.2023 Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" 6 4 12 9 51214 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 1'- 0 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 " Level 1 100'-0" Level 2 110'-7 7/8" Level -1 88'-8" Level 3 121'-3 3/4" Level 4 131'-11 5/8" Truss Brg. 141'-0 3/4" ? 12 10 1112 5 9 T.O. Parapet 144'-0 3/4" Height Limit 150'-0" 2'- 6 1 / 8 " 3'- 0 " 9'- 1 1 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 10 ' - 7 7 / 8 " 11 ' - 4 "NOT FORCONSTRUCTIONDate Drawn By Checked By Project Number 1301 American Blvd. E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 www.kaaswilson.com Co p y r i g h t K a a s W i l s o n Ar c h i t e c t s 3/32" = 1'-0" 02 / 1 7 / 2 3 1 6 : 1 6 : 4 6 EXTERIOR ELEVATIONS Checker Author 12.20.2022 22-11-O THE PRESERVE AT JEFFERS POND APARTMENTS 6.3 Owner: Chase Real Estate 2140 County Road 42 W. Burnsville, MN 55337 3729 FOUNTAIN HILLS DRIVE NW PRIOR LAKE, MN PUD MINOR AMENDMENT PLANS MATERIAL INDEX Material Mark Description 1 MASONRY SYNTHETIC STONE/BRICK 2 MASONRY HEAD/SILL 3 DECORATIVE MASONRY BURNISHED BLOCK 4 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: SANDSTONE 5 SYNTHETIC SIDING (FIBER-CEMENT); COLOR: WOODTONE 6 SYNTHETIC 6" LAP SIDING (FIBER-CEMENT); COLOR: TAN 7 PREFINISHED METAL FLASHING; COLOR: DARK BRONZE 8 COMPOSITE WINDOWS 9 PREFINISHED ALUMINUM DECKS AND RAILINGS, BLACK 10 ALUMINUM BRACKETS, PAINTED; BLACK 11 DECORATIVE BEAMS 12 SYNTHETIC SIDING (PREFINISHED METAL); COLOR: BRONZE 3/32" = 1'-0"2 Elevation - West 3/32" = 1'-0"1 Elevation - South Rev. No. Revision Date 02.27.2023 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Page 1 DEVELOPMENT AGREEMENT PRESERVE AT JEFFERS POND PROJECT #22-000004 This Development Agreement (“Agreement”) is entered into this ____ day of __________, 2023, by and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and Gallery Prior Lake, LLC a business 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 one hundred and ninety-seven (197) Apartments on the Property; NOW, THEREFORE, in consideration of the City Council adopting Resolution No. 23-____ (“Resolution”) for Final Plat approval for the construction of one hundred and ninety-seven (197) Apartments 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. (Intentionally Omitted) 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 Peter J. Hawkinson with Pioneer Engineering, P.A.) 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, P.A. and dated 02/09/2023) 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, P.A. and dated 02/09/2023) Plan D -- Landscape Plan as stamped approved by the City Community Development Director or his/her designee (Prepared by Pioneer Engineering. P.A. and dated 02/09/2023) 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. Page 4 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, 2025. 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. (Intentionally Omitted) 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 Developer Installed Public 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. Upon the City Council’s written acceptance, by City Council Resolution, of the Developer Installed Public Page 5 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. 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. 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. 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) Page 6 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 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. 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. Page 7 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 the property. 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 Fountain Hills Drive and Jeffers Parkway. No construction traffic is permitted on other adjacent local streets. 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. Page 8 C. Developer may apply for a grading and excavation permit prior to the issuance of building permits. 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. 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. 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. C. 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 Page 9 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 owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. D. 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. C. City shall convey to Developer a Sign Easement (the “Sign Easement”) in form and content as shown in Exhibit D attached hereto. 15. LEGAL FEES / DEPOSITS. A. 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. The City Engineer or his/her designee may invoice the Developer direclty for such costs and Developer shall pay all such invoices Page 10 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. B. Construction Observation Deposit. Developer shall be responsible for all reasonable 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 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 the Developer’s installed public improvement 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. (Intentionally Omitted) C. Tree Preservation and Replacement. D. Trunk Storm Water Acreage Charge. E. Trunk Water Acreage Charge. Page 11 F. Trunk Sewer Acreage Charge. G. Street Light Operational Costs. (Intentionally Omitted) H. Chip Seal Fee. (Intentionally Omitted) 17. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance of the platted lot on the Property but not to include the DNR Protected Wetland(s) having a conservation easement; including but not limited to mowing and weed control, sidewalk clearing (ice, snow, building materials, eroded materials, and other debris), storm water and erosion control, and other maintenance issues for which the Developer receives notice from the City Manager or his/her designee. Developer’s obligations pursuant to this paragraph shall continue until the later of: (i) such time as the City 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. (Intentionally Omitted) 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 Page 12 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. (Intentionally Omitted) 20. LANDSCAPING. Landscaping for the Property shall comply with Plan D. Developer shall warrant all required trees, whether the trees are to be retained or planted, for one (1) year from the later of: (i) the planting of the tree; or (ii) the issuance of a certificate of occupancy to the lot upon which the tree is located. A 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. Page 13 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. The security shall be released following inspection and acceptance of the improvements. iii. 125% of projected costs for the proposed plantings per 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 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 after providing notice to the Developer 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 Page 14 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. 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 Page 15 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 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 Page 16 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 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 Page 17 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. 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 Page 18 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. 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: Gallery Prior Lake, LLC, 2140 County Road 42 W, Burnsville, MN 55337. 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, Campbell Knutson, Grand Oak Office Center 1, 860 Blue Gentian Road, Suite 290, Eagan, MN 55121. Page 19 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, 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. Page 20 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. 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 Page 21 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. 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 Page 22 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. 35. LANDSCAPING. Developer agrees to maintain the landscape areas around the Jeffers Waterfront subdivision identification sign located partially on Property and the median area within Fountain Hills Drive NW located north of the round-a-bout and south of CH42; these landscape areas are shown on Exhibit E (hereinafter the “Landscape Area”). All landscaping in the Landscape Area shall be maintained and cared for in a manner consistent with the standards of design and quality as originally established in Jeffers Pond First Addition and in a condition comparable to that of other well-maintained landscape areas in the vicinity of the Landscape Area. All landscaping shall be maintained in a neat and orderly condition. Any weeds shall be removed and any diseased or dead lawn, trees, ground cover or shrubbery shall be removed and replaced. All lawn areas shall be neatly mowed, mulched areas shall be maintained, and trees and shrubs shall be neatly trimmed. Irrigation systems, if any, shall be fully maintained in good working condition to ensure continued regular watering of landscape areas, and health and vitality of landscape materials. 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 Page 23 with City Code Section 1132. The Property shall be developed in compliance with Resolution No. 23-___ dated June 5, 2023, and the plans approved by that Resolution. Page 24 CITY OF PRIOR LAKE By: ________________________________ Kirt Briggs, Mayor By: ________________________________ Jason Wedel, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2023, by Kirt Briggs, Mayor, and by Jason Wedel, City Manager, of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _____________________________________ NOTARY PUBLIC Page 25 Gallery Prior Lake, LLC By: ________________________________ Andrew Chase Its: ________________________________ STATE OF MINNESOTA ) (ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ____________, 2023, by Andrew Chase, as ___________________________ of Gallery Prior Lake, LLC, on behalf of the corporation. _____________________________________ NOTARY PUBLIC DRAFTED BY: City of Prior Lake 4646 Dakota Street SE Prior Lake, Minnesota 55372 Page 26 EXHIBIT A TO DEVELOPMENT AGREEMENT FINAL PLAT EXHIBIT Page 27 EXHIBIT B TO DEVELOPMENT AGREEMENT Deposit/Escrow Amt Per Total Construction Observation Deposit 8% of Public Improvements = TBD TOTAL Deposit/Escrow = Fee Amt Per Total Administrative Fee 6% of Public Improvements = TBD Park Dedication Fee X = NA Trunk Sanitary Sewer Acreage $ 5,130.00 X 3.79 Acres = $19,442.70 Trunk Water Acreage $ 4,180.00 X 3.79 Acres = $15,842.20 Trunk Storm Sewer Acreage $ 7,510.00 X 3.79 Acres = $28,462.90 Chip Seal Fee (Public Streets) X = NA TOTAL Fee = $63,747.80 + Admin Fee (TBD) Security Total Sanitary Sewer = TBD Water Main = TBD Storm Sewer = TBD Streets/Sidewalks/Trails = TBD Additional Items = TBD Subtotal (rounded) = $78,000 TOTAL (125% of subtotal) = $97,500 Oversizing Calculation Total N/A = 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 29 EXHIBIT D TO DEVELOPMENT AGREEMENT GRANT OF SIGN EASEMENT THIS GRANT OF SIGN EASEMENT is made and entered into effective as of the _____ day of ________________, 2023, by the CITY OF PRIOR LAKE, a Minnesota municipal corporation, (“City”) in favor of GALLERY PRIOR LAKE, LLC, a Minnesota limited liability company (“Grantee”). WHITNESSETH: A. The City, in consideration of One and no/100 Dollars ($1.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the Grantee, a permanent easement (the “Easement”) for sign purposes on, over, under, across and through the real estate legally described on Exhibit A and depicted on Exhibit B, each attached hereto and incorporated herein (the “Easement Area”). B. The grant of the Easement includes the right of the Grantee, and its contractors, agents, employees, successors and assigns, to enter upon and use the Easement Area to construct, reconstruct, inspect, repair, operate, maintain, improve and use the existing sign and associated improvements, facilities and appurtenances, on, over, under, across and through the Easement Area; to use and remove all earthen materials, structures, improvements and obstructions which lie within the boundaries of the Easement Area; to cut, trim, or remove from the Easement Area trees, shrubs, or other vegetation; and to do all other acts and things which are reasonably necessary for or incidental to the enjoyment of the Easement rights granted herein. C. Grantee shall have sole control over any sign installed in the Easement Area subject to the applicable City of Prior Lake sign regulations. Grantee shall perform, as and when necessary, and pay the cost for, such maintenance of any sign located within the Easement Area as may be reasonably necessary to maintain the sign in good and aesthetic condition. If Grantee fails to maintain any such sign in a good and aesthetic condition the City may either restore the sign to good and aesthetic condition or remove the sign and the City may invoice Grantee for all costs incurred in such restoration or removal. If Grantee fails to pay such invoice within 30 days, City may specially assess the costs against Grantee’s property legally described as Lot 1, Block 1, Jeffers Pond Ninth Addition. Grantee hereby waives any and all objections to and the right to appeal such assessment. D. Notwithstanding anything in paragraph C above, if at any time the City performs work in the Easement Area, which work results in removal of all or part of a sign in the Easement Area or damage to said sign, the City shall not be responsible for any such damage and shall not be responsible to repair or replace said sign. In addition, if after such work, Grantee elects to restore or replace said sign Grantee shall locate said sign in the Easement Area only as approved in writing by the City. E. If at any time Grantee removes or replaces any sign installed in the Easement Area, Grantee shall ensure that any replacement sign shall be installed and lo cated solely on Grantee’s property and not within the Easement Area. F. To the extent permitted by applicable law, upon the Grantee’s acceptance of this instrument, the Grantee, or its successors and assigns shall indemnify and hold harmless the City, its agents, employees, representatives, successors and assigns (collectively the “Indemnified Owner”) from Page 30 and against all third-party liabilities, damages, claims, costs and other similar expenses which may be incurred by the Indemnified Owner by reason of bodily injury or death of any person or damage to or destruction or loss of any property arising on or from the use or non-use of the Easement. Notwithstanding the foregoing, the indemnification obligations shall not apply to the United States Department of Housing and Urban Development (“HUD”) in the event HUD comes into possession or ownership of the Property but shall continue to apply to any successor in interest to HUD. TO HAVE AND TO HOLD THE SAME, together with all of the hereditaments and appurtenances thereunto belonging, or in any way pertaining to the Easement, to the Grantee forever. IN TESTIMONY WHEREOF, the City has caused this instrument to be executed as of the day and year first above written. CITY OF PRIOR LAKE By:__ NOT FOR SIGNATURE____________________ Name: Kirt Briggs Its: Mayor By:__ NOT FOR SIGNATURE___________________ Name: Jason Wedel Its: City Manager STATE OF MINNESOTA ) ) ss: COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me on ________________, 2023, by Kirt Briggs, Mayor, and Jason Wedel, City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Stamp ______ NOT FOR SIGNATURE_________ Notary Signature Drafted by: City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Page 31 EXHIBIT A TO GRANT OF SIGN EASEMENT LEGAL DESCRIPTION OF EASEMENT AREA A perpetual easement for sign purposes over and across all that part of Fountain Hills Drive, as delineated on JEFFERS POND NINTH ADDITION, Scott County, Minnesota, described as follows: Beginning at the northeast corner of said JEFFERS POND NINTH ADDITION, thence South 01 degrees 36 minutes 53 seconds West, assumed bearing along the westerly right-of- way line of said Fountain Hills Drive, 43.86 feet; thence North 89 degrees 10 minutes 01 seconds East, 15.51 feet; thence North 01 degrees 36 minutes 53 seconds East, 43.86 feet to the easterly extension of the southerly right-of-way C.S.A.H. 42 (140th Street) as delineated on said JEFFERS POND NINTH ADDITION; thence South 89 degrees 10 minutes 01 seconds West, 15.51 feet to the point of beginning. Page 32 EXHIBIT B TO GRANT OF SIGN EASEMENT DEPICTION OF EASEMENT AREA Page 33 EXHIBIT E TO DEVELOPMENT AGREEMENT LANDSCAPE AREA L:\23 FILES\SUBDIVISIONS\PUD\Minor PUD Amend_Preserve at Jeffers Pond_Chase RE\06.05.2023 CC Report\Attach9_City Staff Memorandum_05.18.2023.docx 7 0 1 X E N I A A V E N U E S | S U I T E 3 0 0 | M I N N E A P O L I S , M N | 55 4 1 6 | 7 6 3 . 5 4 1 . 4 8 0 0 | W S B E N G . C O M Memorandum To: Nick Monserud, Assistant City Engineer From: Kris Keller, Laura Pietila - WSB Date: May 18, 2023 [Updated 05.25.23 to include PLSLWD comments] Re: Preserve at Jeffers Pond WSB Project No. 019950-000 We have completed a review of the civil and stormwater plans submitted for the Preserve at Jeffers on May 8, 2023 as prepared by Pioneer Engineering. The following documents were reviewed: • 122144 Stormwater Memorandum Rev 02 (5-2-23).pdf • The Preserve at Jeffers Pond – Rev 02 (05-02-2023).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 applicable regulatory agencies (MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, County, etc.) 2. A Sign Easement shall be drafted by City for the Jeffers Pond neighborhood monument sign on a portion of development property and within the right‐of‐way. 3. City shall draft and Developer shall execute a Monitoring and Maintenance Agreement for landscaping within the Fountain Hills Drive NW right‐of‐way. 4. City shall draft and Developer shall execute an easement for existing public utilities and trails on development property not currently within a designated easement. 5. City shall draft and Developer shall execute a Maintenance Agreement all stormwater BMPs. Preserve at Jeffers Pond May 18, 2023 Page 2 Stormwater Management 1. Rate Control a. The City of Prior Lake and PLSLWD are comfortable allowing the development to not meet the PLOC MOA discharge rate requirement at the site boundary, provided that the MOA discharge rate is met regionally. i. Provide calculations proving the MOA discharge rate is met regionally with the proposed development. 1. Please provide the original and updated regional HydroCAD model. a. The Stormwater memorandum outlines two ways that rate control will be shown to be met. However, inadequate evidence has been provided to justify that rate control is met. i. For rate control method 1, please provide the existing SCS Type II model that proposed rates will be compared against to Wetland 9-3 and Wetland 11. ii. For rate control method 2, please provide the 716+ acre model in hcp format for review. Rate control is unable to be adequately reviewed with a model containing only Wetland 10. 2. General a. All emergency overflow routes shall be graded and the easement area sodded prior to building permit issuance. Provide a detail. i. Unable to locate EOF detail in plan set. Please call out page number. b. Update the weir elevation on the grading plan and detail to match the HydroCAD weir elevation of 887.35. c. Note that the high water level will increase in basin 7A and 7B from existing to proposed conditions. It appears that the increased HWL will not impact homes, but please confirm. Grading 1. Update the EOF route to show it crossing Jeffers Parkway (891.x) before it crosses 140th Street (892.4) 2. Label the top and bottom retaining wall elevations (Wall B & Wall C-Tier 2) on the grading plan. 3. Retaining walls exceeding 4’ in height shall require a plan prepared by a licensed engineer submitted for review and approval. 4. Retaining walls must be kept out of the drainage and utility easements . 5. Remove portion of Retaining Wall A in the City’s outlot. 6. Access routes to the public way must be ADA compliant a. Consider alternative route along the north side of the parking area. Preserve at Jeffers Pond May 18, 2023 Page 3 Utilities 1. Storm Sewer a. Include updated rational storm sewer calculations for the storm sewer within the site per the revised storm sewer sizes and materials. b. Junction manholes should be designed to limit the hydraulic head increase by matching hydraulic flow lines (pipe crowns). 2. Coordinate meeting fire protection requirements on the west side of the building with the Building and Fire Officials. SWPPP 1. Prepare a SWPPP in accordance with City and NPDES standards. PLSLWD The following PLSLWD comments are incorporated into the City’s review memo: 1. PLSLWD is comfortable allowing the development parcel to not meet the PLOC MOA discharge rate, provided the MOA discharge rate is met regionally and on the condition that either the City of Prior Lake or the project engineer provide them with the following: a. Calculation proving the MOA discharge rate is met regionally with the proposed development. Confirm after requested updates are made to the HydroCAD model. 2. Sheets 4.1 & 6.1– Update Pond 6P Outlet Elevation to match the HydroCAD/Stormwater Management Plan outlet elevation of 887.35. 3. Sheet 4.7 – Update the Pond Outlet Skimmer Detail internal weir elevation to 887.35 and change the HWL to 888.5. 4. Sheet 4.7 – Update the Storm Water Basin Section Outlet Elevation to 887.35 and HWL to 888.5. ITEM: 9B CITY COUNCIL AGENDA REPORT MEETING DATE: June 5, 2023 PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Approval of an Ordinance Amending Prior Lake City Code Subsection 1122.300, Land Use Definitions and Conditions, Related to the Pixie Point Homeowners Association Dock RECOMMENDED ACTION: Approval of an ordinance amending the definition of Controlled Access Lot within Prior Lake City Code Sub-section 1122.300, Land Use Definitions and Conditions, to increase the number of slips permitted for the Pixie Point Homeowners Association from five (5) to six (6). BACKGROUND: Prior Lake City Code Subsection 1122.300 defines Controlled Access Lot as, “A riparian parcel of land used as a Mooring Facility for non-riparian lot owners with access to public waters.” Fourteen controlled access lots, including the Pixie Point Homeowners Association, are identified in Subsection 1122.300. Each of the 14 controlled access lots are identified by their original DNR or City permit number, the association name, parcel identification number and water body where they are located, and the number of slips that are permitted. Subsection 11222.300 identifies five (5) permitted slips for the Pixie Point Homeowners Association, as the DNR permit (No. 89-6290) issued in March 1989 authorized the HOA to “place one floating dock measuring 70 ft. long by a maximum of 33.5 ft. wide with lateral fingers sufficient to moor five boats.” Current Circumstances A representative of the HOA contacted City staff with a request to increase the approved number of boat slips from five to six. To support their request, the HOA provided City staff with a copy of the attached Stipulation of Settlement and Judgement from 2003. In 1978 and 1981, Scott County Court and the Minnesota Supreme Court ruled on a case involving property owner easement rights and access to the lake in the vicinity of the Pixie Point Homeowners Association. The purpose of the 2003 Stipulation of Settlement, approved by Scott County Court, was to clarify and bring organization to the usage of the easement and lake access rights by all parties. The settlement agreed to by the property owners identifies responsible parties for improvements to be made; specific locations for easement holders’ boat slips; locations for property owners boat slips; and areas for easement holders’ summer and winter equipment storage. In addition, the settlement identifies a “configuration of a new dock system that may be introduced by Easement Holders in future years to contain up to six (6) boat slips.” Requests for a homeowners association docks were handled by the DNR when this dock was approved in 1989. A request today for a Controlled Access Lot would require the issuance of a Conditional Use Permit from the City of Prior Lake. This particular property would not be eligible City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 9B Page | 2 for six boat slips under the current zoning code, as the property does not have sufficient lakeshore (1 slip per 40 ft.) to support six slips. However, because the HOA and Scott County Court agreed to the attached settlement in 2003 allowing up to six slips, staff felt a zoning code text amendment request was appropriate for planning commission and city council consideration. City staff discussed the Settlement with the City Attorney, whose position is the city could amend the zoning code to allow for up to six slips for the HOA; however, even though the settlement was adopted by the court, the City was not named as a party in the lawsuit and the settlement decision is not necessarily binding on the city. Conclusion Subsection 1153.209 (Policy for Amendments) of the Zoning Code states recommendations of the planning commission and final determinations of the city council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: In the case of amendments to the text of the Zoning Code:  There is a public need for the amendment, or  The amendment will accomplish one or more of the purposes of the Zoning Code, the Comprehensive Plan or other adopted plans or policies of the City, or  The adoption of the amendment is consistent with State and/or federal requirements. Although this proposed amendment request is related to a somewhat unique circumstance, City staff believes there is a public need for the amendment to address the discrepancy between current zoning code language limiting the number of boat slips to five for the Pixie Point Homeowners Association based on the original DNR permit and the Stipulation of Settlement allowing for six boat slips. The Planning Commission considered this request following a public hearing on May 22, 2023 and on a vote of 4-0, the Commission recommended approval of the proposed amendment. FINANCIAL IMPACT: No financial impact is anticipated as a result of this action. ALTERNATIVES: 1. Motion and a second to approve an ordinance amending the definition of Controlled Access Lot within Prior Lake City Code Subsection 1122.300, Land Use Definitions and Conditions, to increase the number of slips permitted for the Pixie Point Homeowners Association from five (5) to six (6). 2. Motion and second to deny the ordinance amending Subsection 1122.300, Land Use Definitions and Conditions. 3. Provide direction to staff and continue discussion at a future meeting. ATTACHMENTS: 1. Ordinance 2. Location Map 3. Subsection 1122.300 Proposed Amendment 4. Stipulation of Settlement 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 123-___ AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SUBECTION 1122.300, LAND USE DEFINITIONS AND CONDITIONS AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota, ordains: 1. Controlled Access Lot, Subd. (B)(s), within Prior Lake City Code Subsection 1122.300, Land Use Definitions and Conditions, is hereby amended to increase the number of slips permitted for the Pixie Point Homeowners Association from five (5) to six (6). 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. 3. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 5th day of June 2023. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor This Ordinance shall be published in the Prior Lake American on Saturday, June 17, 2023. EXCERPT OF SECTION 1122 LAND USE DEFINITIONS AND CONDITIONS SUBSECTIONS 1122.100: Land Uses 1122.200: Land Use Restrictions 1122.300: Land Use Definitions and Conditions 1122.300: LAND USE DEFINITIONS AND CONDITIONS: This subsection contains the definitions and conditions for land uses as allowed by the land use table. CONTROLLED ACCESS LOT A. Definition: A riparian parcel of land used as a Mooring Facility for non-riparian lot owners with access to public waters. B. Zoning District and Conditions: 1. Conditional use in R-1 and R-2 on General Development Lake with the following conditions: a. Controlled Access Lots shall meet the following conditions as determined by the Zoning Administrator: i. The facility shall be compatible with the adjacent land and water uses. ii. Adequate water depth is available for the proposed facility without churning of bottom sediments. iii. The facility will not create a volume of traffic on the lake in the vicinity of the facility that will be unsafe or will cause an undue burden. iv. The facility will not affect the quality of water and the ecology of the lake. v. The facility, by reason of noise, fumes or other nuisance characteristics, will not be a source of annoyance to persons in the vicinity of the facility. vi. Adequate sanitary and parking facilities will be provided in connection with the facility. b. Controlled Access Lots are allowed only on riparian lots on General Development Lakes by Conditional Use Permit in the R-1 and R-2 Zoning Districts. Controlled Access Lots shall comply with all applicable conditions listed in this subsection, the applicable Zoning District and with any other conditions the Planning Commission, or City Council in the case of an appeal, may impose that are intended to promote the health, safety and welfare of the residents within the City. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the applicable conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. c. The property shall be suitable for the intended use as a Mooring Facility. d. The property shall be jointly owned by all purchasers of lots in the subdivision or by all purchasers of non-riparian lots in the subdivision who are provided access rights on the property. e. The property shall meet, at a minimum, the width and area requirements for a Single-Family residential riparian property. f. The allowable number of Boat Slips for a Controlled Access Lot shall be based on the conditions identified in (a) above; provided however, in no case shall the number of Boat Slips exceed one (1) Boat Slip for every 40 feet of lot width. Property width shall be the lesser of either the shoreline as measured at the ordinary high water level or a straight line measured between where the two side property lines intersect with the ordinary high water level (or the straight extension of the side property lines if the side property lines do not intersect with the ordinary high water level). Regardless of measurement method, any shoreland area which is unusable (wetland, swamp, bog, marsh, etc.) or which does not abut or lie within 10 feet of navigable water, shall not count toward property width. g. All restricted watercraft moored at the property shall be owned and registered to owners or tenants of the subdivision lots or their immediate family. For purposes of this requirement, “immediate family” means the spouse, parents, children and grandchildren (all including step- and foster-) of the owner or tenant or the owner or tenant’s spouse. Use of slips by persons described in this provision is not considered “rental” of slips. h. Rental of slips is prohibited. i. Covenants shall be recorded against the Controlled Access Lot and all benefiting lots that specify which lot owners have authority to use the Controlled Access Lot and what activities are allowed. The activities may include watercraft launching, loading, storing, beaching, mooring, or docking. The covenants may also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the non-significant conflict activities include swimming, sunbathing, or picnicking. The covenants shall limit the total number of watercraft allowed to be securely moored, docked, or stored over water, and shall require centralization of all common facilities and activities in the most suitable locations on the property to minimize topographic and vegetation alteration. The covenants shall also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical, from view from public water, assuming summer, leaf-on conditions. j. Functioning restroom facilities shall be accessible on the property for all users of the property 24 hours per day during the boating season (from May 1 through September 30). The restrooms shall either be connected to municipal sanitary sewer or shall be Portable Toilets as approved by the Zoning Administrator. k. No dock, mooring facility or other structure shall be located so as to: i. Obstruct the navigation of any lake; ii. Obstruct reasonable use or access to any other dock, mooring facility or other structure; iii. Present a potential safety hazard; or iv. Be detrimental to significant fish and wildlife habitat or protected vegetation. l. Docks and mooring facilities shall be set back a minimum of ten (10) feet from side property lines as measured at the Ordinary High Water Level.  Docks and mooring facilities shall be located a minimum of ten (10) feet from a straight line extension of the side property lines of the property into the Lake. This requirement may be adjusted, at the discretion of the Zoning Administrator, in cases where topography significantly limits the placement of docks. m. One (1) off-street parking space surfaced in asphalt and concrete shall be provided for each four (4) Boat Slips for which the owners, lessees or users do not live within 1,000 feet of the Controlled Access Lot. In addition, a landscaping buffer shall be installed and maintained between the parking and the Ordinary High Water Level sufficient to capture and filter all run-off from the parking area. n. The storage of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life upon any Controlled Access Lot, dock or mooring facility is prohibited. o. No oscillating, rotating, flashing, moving or advertising signs shall be permitted on any Controlled Access Lot, dock or mooring facility. p. Access across wetlands is permitted only in accordance with the State and Federal wetland regulations. q. Controlled Access Lots shall meet the Residential Performance Standards of the Zoning Code. r. Garbage receptacles shall be made available on the property for use during the boating season (from May 1 through September 30) and all garbage receptacles shall be emptied on a regular basis to avoid the accumulation of refuse. s. All docks, mooring facilities, and Controlled Access Lots legally existing on the date of this ordinance which do not meet the above listed conditions shall be considered legally nonconforming and the use may be continued in conformance with Minnesota Statutes Section 462.357 Subd. 1e, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. It is the intent of the City of Prior Lake to allow legally nonconforming Controlled Access Lots to maintain the number of Boat Slips which were approved via permit issued by the City of Prior Lake or Minnesota Department of Natural Resources as of the date of adoption of this ordinance. Below is a list of legally nonconforming Controlled Access Lots and the number of Boat Slips permitted for each. 6 ITEM: 9C CITY COUNCIL AGENDA REPORT MEETING DATE: June 5, 2023 PREPARED BY: Casey McCabe, Community Development Director PRESENTED BY: Casey McCabe AGENDA ITEM: Resolution Approving a Dock Modification for the Watersedge Townhomes Association in Boudins Bay RECOMMENDED ACTION: Approval of a resolution approving a dock modification for the Watersedge Townhomes Association dock. BACKGROUND: The Watersedge Townhomes Association (hereinafter “Association”) is an association of ten attached homes located on Boudins Bay, south of Boudin Street NE and west of Hwy 13. The Association is requesting approval to reconfigure their 10-slip dock from 90 degree slips to 45 degree slips to allow for easier navigation. Current Circumstances Association members provided staff with a copy of the Minnesota Department of Natural Resources (DNR) permit (No. 81-6088) dated June 17, 1981 which states, “Docking facilities may be provided for a maximum of 10 watercraft on the shore of designated area Outlot B, Boudin’s Manor Fifth Addition, to provide for one dock 120’ long and a 30’ dock and ramp.” As shown in the attached aerial photo, the Association dock is currently constructed with 90 degree slips, making navigation difficult for the slips closest to shore. The Association is proposing to reconfigure the slips to 45 degrees, as shown in the second attachment, to make navigation easier. Issues Although the current dock is approximately 100 feet long, the original DNR permit allowed for a 120-foot-long dock. The proposed dock, if approved, would extend approximately 120 feet from the 904’ ordinary high water elevation. There is currently approximately 75 feet of navigable water between the current Association dock and the Waters Edge Marina dock located to the immediate south. If approved, the new dock configuration would reduce the navigable area to approximately 55 feet. This area of the lake is somewhat unique in that the adjacent lakebed to the south is privately owned. A parcel of land exists in this area because prior to the channel being opened up through Watersedge Trail NE around 1970, this area was dry. The Association docks already appear to be located over this private property and extending the dock an additional 20 feet would expand the dock further over the property line. City staff contacted the DNR South Metro Area Hydrologist to inquire whether a dock extending over a private property line could be anchored or have metal supports in contact with the privately owned lakebed. DNR staff stated the parcel lines only apply if there is no water, so City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 9C Page | 2 the Association could extend the dock, if approved by the City. If water levels recede then the dock would be located on private property and would need to be relocated if the Association does not have permission from the property owner. Conclusion If the Council is supportive of the dock reconfiguration as proposed, approval of alternateive one below is appropriate. If the council is not supportive of the proposed dock reconfiguration, approval of alternative two below is appropriate. FINANCIAL IMPACT: No financial impact is anticipated. ALTERNATIVES: 1. Motion and second to approve a resolution approving a dock modification for the Watersedge Townhomes Association dock. 2. Motion and second to deny the resolution approving a dock modification. 3. Provide direction to staff and continue discussion at a future meeting. ATTACHMENTS: 1. Location Map – Existing Conditions 2. Proposed Dock Modification 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 23- RESOLUTION APPROVING A DOCK MODIFICATION FOR THE WATERSEDGE TOWNHOMES ASSOCIATION IN BOUDINS BAY Motion By: Second By: WHEREAS, Watersedge Townhomes Association (hereinafter “Association”) is an association of ten attached homes located on Boudins Bay, south of Boudin Street NE and west of Hwy 13 within PID 252000110; and WHEREAS, the Association received a Minnesota Department of Natural Resources (DNR) permit (No. 81-6088) dated June 17, 1981 which states, “Docking facilities may be provided for a maximum of 10 watercraft on the shore of designated area Outlot B, Boudin’s Manor Fifth Addition, to provide for one dock 120’ long and a 30’ dock and ramp”; and WHEREAS, on June 5, 2023, the Prior Lake City Council considered a request from the Association to extend their existing 10-slip 100 foot dock by 20 feet and reconfigure the dock from 90 degree slips to 45 degree slips to allow for easier navigation; and WHEREAS, the Prior Lake City Council approved the request from the Association to extend the 10- slip dock by 20 feet, to 120 feet total, and to reconfigure the dock from 90 degree slips to 45 degree slips. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Watersedge Townhomes Association is hereby approved to extend the 10-slip dock by 20 feet, to 120 feet total, and to reconfigure the dock from 90 degree slips to 45 degree slips. th Passed and adopted by the Prior Lake City Council this 5 day of June 2023. VOTE Briggs Braid Burkart Churchill Lake Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager Location Map Watersedge Townhomes Association Dock Watersedge Townhomes Association Proposed Dock Configuration