HomeMy WebLinkAbout5B - Jeffers Pond 2nd Addn.
MEETING DATE:
AGENDA #:
PREPARED 8Y:
AGENDA ITEM:
DISCUSSION:
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
AUGUST 7, 2006
58
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE FINAL PUD
PLAN FOR JEFFERS POND 2ND ADDITION AND A RESOLUTION
APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR
JEFFERS POND 2ND ADDITION
Introduction
Wensmann Realty has filed an application for approval of a final PUD plan and
a final plat to be known as Jeffers Pond 2nd Addition. The second phase of the
Jeffers Pond PUD includes 5.16 acres located east of Jeffers Pass, west of
CSAH 21, south of CSAH 42, and north of Raspberry Ridge Road. The
original plan called for development of 40 townhouse units; the revised final
plan is proposing development of 23 single family detached dwellings,
reducing the total units by 17.
Historv
On January 18, 2005, the City Council adopted Ordinance #105-03 amending
the Zoning Ordinance to designate the entire 336 acres as a Planned Unit
Development. The ordinance listed the elements of the PUD as follows:
a. The PUD is a mixed-use development consisting of retail space and
offices, single family homes, residential condominiums, townhomes, senior
apartments, an elementary school site, a fire station site, transit station
site, and parks and trails.
b. The total number of units on the site will not exceed 693.
c. Density within the Shoreland Tiers must be consistent with plans dated
January 18, 2005.
d. There will be a 50' wide buffer, measured from the Ordinary High Water
Elevation, around Jeffers Pond. This buffer will remain undisturbed with
the exception of 1 A' wide trail.
e. The elements of the plan will be as shown on the plans dated January 18,
2005, except for modifications approved as part of the final PUD plan.
The ordinance also required the following conditions be incorporated into the
final plans:
a. Maintain a 50' wide buffer around the OHW of Jeffers Pond. With the
exception of a 10' trail, this buffer should remain undisturbed.
b. No grading or other disturbance may take place within the identified bluff.
All structures must meet the minimum bluff setback requirements.
c. The developer must provide space to accommodate an 8,000 square foot
www.cityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
fire station and at least 20 parking spaces. The specific location for this
site will be determined as part of the final plan phase.
d. The plan must include an active recreation park consisting of at least 4.6
acres of usable, relatively flat upland.
e. The developer must provide funds for a future traffic signal. These funds
will be escrowed as part of the development contract.
f. The overall theme must be refined and incorporated into the final plans.
Jeffers Pond 2nd Addition is the second phase of the overall development. The
entire Jeffers Pond development is a 336 acre mixed use development. The
first phase of the development, constructed in 2005, included lots for 96 sin~le
family homes, 67 town homes, the school site and the park. Jeffers Pond 2n
Addition includes 5.16 acres to be subdivided into lots for 23 single family
detached dwellings.
The Planning Commission considered the final PUD plan at a public hearing
on July 10, 2006. The Planning Commission recommended approval of the
final PUD plan. A copy of the minutes of the July 10th meeting is attached to
this report.
Current Circumstances
Wensmann Realty, Inc., is proposing a modification to the approved final plat
for the second phase of this development. The original plan called for ten 4-
unit townhome buildings in this area, called the Hollows. The revised plan
calls for 23 single family detached units. The proposed homes are walk-out or
look-out rambler designs. Sample building elevations are attached to this
report. A homeowner's association will be established and will be responsible
for maintenance of the private street, lawn care, snow removal, and exterior
building repairs and maintenance.
The revised plan reduces the number of units within the Hollows by 17, and
reduces the total amount of impervious surface. The proposal also reduces
the number of driveway accesses to Jeffers Pass, the public street adjacent to
this development. The streets and utilities originally planned to serve the
townhouses will serve the revised development.
The reduction in the number of units at this location does not necessarily result
in a reduction in the total number of approved units (693). The unused units
may be located in another segment of the development, as long as the
impervious surface and parking requirements are met.
Parks: The parkland dedication for this development was done as part of the
first phase. No additional dedication is required.
LandscaDina:, The developer has also submitted specific site plans and
landscaping plans for the Hollows. The landscaping plan provides for a
minimum of 2 front yard trees (4 for corner lots). The sizes and species of the
proposed landscaping are consistent with the Zoning Ordinance requirements.
Other Elements: The final PUD plan also includes a table listing the minimum
setbacks, impervious surface, floor areas, and so on. This will enable the staff
and the builders to keep track of the impervious surface as it is constructed,
and to ensure there is no question about the application of the setbacks.
Staff has reviewed the final PUD and the final plat and finds it to be in
substantial compliance with the approved preliminary PUD and preliminary
plat.
ISSUES:
The principal requirements for final plat approval include a signed
Development Contract with surety for the installation of utilities and streets. A
letter of credit for the public improvements required as a part of this
development is included as part of the development contract. The
Development Contract specifies the development fees for the platted lots. The
total for these fees is $89,817.00.
FINANCIAL
IMPACT:
Approval of this final plat will allow construction of new dwelling units, which
will contribute to the City's tax base. The required development fees are
deposited into the appropriate City accounts.
ALTERNATIVES:
The City Council has the following alternatives:
1. Adopt the resolution approving the final PUD plan and adopt the resolution
with conditions approving the final plat and Development Contract for
Jeffers Pond 2nd Addition.
2. Deny the resolution approving the final PUD plan and deny the resolution
approving the final plat.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1 .
RECOMMENDED
MOTION:
1. A motion and second to adopt a resolution approving the final PUD plan for
Jeffers Pond 2nd Addition.
2. A motion and second to adopt a resolution approving the final plat and
Development Contract for Jeffers Pond 2nd Addition and authorizing the
Mayor and City Manager to sign the Development Contract.
Reviewed by:
C~
Frank Boyles,
-
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Motion By:
Second By:
Wensmann Realty, Inc., has submitted an application for a Planned Unit Development
Final Plan to be known as Jeffers Pond 2nd Addition; and
The Prior Lake Planning Commission considered the proposed Final PUD Plan on July
10, 2006; and
The Planning Commission found the Final PUD Plan to be in substantial compliance
with the approved preliminary plan and recommended approval of the Final PUD Plan;
and
The Prior Lake City Council considered the proposed Final PUD Plan on August 7,
2006; and
The City Council finds the Final PUD Plan in substantial compliance with the approved
Preliminary PUD Plan; and
The City Council finds the PUD Final Plan is compatible with the stated purposes and
intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance.
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 Planned Unit Development Final Plan is hereby approved subject to the following conditions
a) The Final Plat and Development Contract must be approved by the City Council.
PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006.
YES
NO
Haugen
Dornbush
Erickson
leMair
Millar
Haugen
Dornbush
Erickson
leMair
Millar
Frank Boyles, City Manager
......yY'I!W. cityofpriorlake. com
Phone 952.440.9675 / Fax 952.440.9678
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-xx
Motion By:
Second By:
WHEREAS, on January 18, 2005, the City Council approved the preliminary plat known as Jeffers
Pond, subject to conditions identified by Resolution 05-17; and
WHEREAS, The City Council has found that the final plat of "Jeffers Pond 2nd Addition" is in
substantial compliance with the approved preliminary plat for Jeffers Pond; and
WHEREAS, The City Council has approved the final plat of "Jeffers Pond 2nd 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 2nd Addition" is approved subject to the conditions set forth in this
resolution.
3. The final plat of "Jeffers Pond 2nd Addition" is subject to the following conditions, which shall be met
prior to release of 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. Reductions of the entire final plat be submitted, to the following scales: 1" = 800'; 1" = 200'; and
one reduction at no scale which fits onto an 81/2" x 11" sheet of paper.
d. Four mylar sets of the final plat with all required signatures are submitted.
e. The developer provides financial security, acceptable to the City Engineer prior to release of the
final plat mylars.
f. The final plat and all pertinent documents must be filed with Scott County within 90 days from
the date of final plat approval. Failure to record the documents by November 7, 2006, will
render the final plat null and void.
4. The Mayor and City Manager are hereby authorized to execute the Development Contract on
behalf of the City.
PASSED AND ADOPTED THIS 7TH DAY OF AUGUST, 2006.
YES
NO
I Haugen
I Dornbush
I Erickson
I LeMair
I Millar
Hauf,len
Dornbush
Erickson
LeMair
Millar
Frank Boyles, City Manager
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" ~:,.:, ,: ',.,,: -"coo'-' <'-_' ,_ ".-' ,:-;< ',,,.' .: :",~ <. : -:"/ " :, , ,_.) ", _.< -',,_;
Phone 952.447.4230 / Fax 952.447.4245
LOCATION MAP
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PLANNED UNIT DEVELOPMENT
AMENDMENT I
CITY PROJECT #05-230 _~
WE~~~O~ J="r<r.M POND 2ND ADDmON P_I J.
1EA0AN. W1NMESOT^ "122 ....JOR LAKE., MINNESOTA .
KNOW ALL PERSONS BY 'fliESE PRESENTS Thol Wenamonn Homes, Inc: 0 ".......Uolo Corpo<ation, Ice cr-o... gnd
Wensm_ Rmty. 1tIc:.. 0 Minnesota Corpotation, Ie. owne..-, of the follo.ing deS(libed properly lIit"ated .n
the Counly or Scott. State of Wlnn..ata, to wit
Outlot 0. .EFf'ERS PONO fIRST ADDiTION, accardll\9 10 the recordeC: pial thereof. $c:aH County, "'...ncosota
TOGE1H[R 'MTH
Lot, 13 and ,<4. llloc:k 1. JEffERS SOUTH. accar~g to tile recorded pl<lt Il'IerllOl. S<ott CoutIly. Monnnota
HoW! cou,ed the $CIITl. 1<1 be $lJroeyed 0I'\d plolled os .E"fTERS PQt.C SECOND AOOITlQN ond do Ilerety
dedicate lhoe easements a' shown on thill plot lor Grall\09c gnd ..t~ity po.>rpo".." only
IN 'MTHfSS IM-iEREOF ,lIid ~nsmano Horn... Inc., a ~hnne'oto Corporallon. h~ CG>:Jed tile,", present,
10 be signed by it, propcr 01f1C" thi'_doyol 20_
'M:NSMANN IiOWES. INC.
BY:
STAlE ~ MINNESOTA
COUNiY CS'
The lorClJoing ...,tr..ment wos ~knowled9Cd belore me It,,s _ do)' of 20_
by II... 01 Wensmann Ham... 1000c.. 0 Minnesota
Carporolion. on beholl of t/'l. cOO'por'otion
Notor)' Pllb!,c:
My CammisSlOl'l bpir.s
County. Minn.,oto
IN WITNESS _EREef aoKI W.,.~ono R.olly. Inc.. 0 llIInnuoto CorporollCln nos coused tll... pr.....t.
lob. slgn.d by il. prOper offic:er th'S_doyof 20_
WENSIIlANN REALTY. INC.
SY:
STAlE CS' MINNESOTA
COUNTY Of
The lor.'iIolfl'il instn.omeot woe od<no.ledged b.fore m. thil _ dO)' 01 20_
by UI. of Wensmoon R.ott)'. Inc., 0 lIlinnesalo
Corporotionon~lfoflh.corporotion.
Notary Public:
My Commi'S1arl Expirn
County. .........e5Oto
I h.eoy certify trlot I nove I"'..eyed gnd plotted the prOperly GeSO'"iOed an thil plot as ..EffERS PONO
SECOHO AOOlTlON. tIlal thie pIol il a corrac:t representation of Ih. ""r",y. thol all di,tonces ore correctly
tno- an the pl<ll in rHt otld h.....dr.dlh. 01 G foot; that 01 manutnWlt. no.... been corncUy ploced in Ihe
ground OS sho.n. or wilt be correctl)' ploced in the grOUl'ld 01 o.signoted: that the outside boundary lin.s
or. correctl)' desogn<lted on tile plot: and Utat there ore no .etlends ~ def.,ed in Illinncsota StoWles.
Section 505.02. SI.Ibd. 1. Qt public: lIi'iJh.o)'l' to be designated otllet' tI'Ian os lI'Iown.
JolIn C. Lorson. Pralenionolland SI.Irlllll)'Ol"
..innesalo license No. 151828
STAlE Of WlNNESOTA
COUNTY Of
l)l. tor"9"'in9 Survep's CertiflCat. _ ockno.ledged be/ore "'. thil _ doy 01__
Oy John C. lor.on. Winonolo Uc:.....H No. 19825
Notary PUblIC
Illy Commieeion bpir"
County. Minnesoto
OTY COONOL
aTY OF PRtOA LAKE
Thia plat of JEfTERS PONO SE:CONO ADOtnON wo, <lpproved ond accepted by tll. City Couod 01 the Cil)' 01 Prior
Lok.....inn.sotGotoreguklr~tinQth..eolhll4dthis_doyol 20----,GI'Idpursuonlto
....5.10. SOS.OJ ~....2. .. ore In cooformon..e
..,..
scon COUNTY SURVEYOR
P...,.....onl to "'innesota Slawl... Section 389.0i, Sulld. 1, o. omended. this plot has beeo ........ed ond opprO....d
thil_dayof 20_
Scott Count)' s...r...eyor
scon COl.tIlTY lREASURER / AUOIT~
1 .......elty certity thol the CUl....t anG ",in..,....t to... on llle IorIdI descriDeo within ore poiclllOd U'I. Irons/er
isWlw.dtlU._doyaf
'0_
Signed by.
scan co.JNTY RECORDER
Ih....yc...tifythOltni.ploIWOlfoleo:lintllisotrlc:.lfIis_doyaf.
20-, 01 _ o'dock __M. 01 Documeflt No.
xoll County Recordoer
"on09_
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JEFFERS POND
SECOND
SECTION 27. TWP 115. RGL 22
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BEING 5 fEET IN 'MOTH. ANO ~-r. '" -'.-
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fiELD LOCATED HYDRANT
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FIELD LOCA TED WI. I[R WUL
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FJELD LOCATED FLARED END S[ClIQN
fiELD lOCA TED TREE LINE
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fJELD LOCATED UNDERGROUND T[LEPHONE UN[
fiELD LOCATED fiBER OPTIC UNE
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fiELD LOCA TED ELECTRIC Ball
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fIELD LOCI. TED TELEVISION 80X
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EROSION CONTROl CONTACT PERSON
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2. SANITARY SEWER AND WATERMAlN
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3. SANITARY SEWER AND WATERMAlN
nAlL raNTcouaT
4. STORM SEWER
nAlLroo<rCOUltT
5. STREET CONSTRUCIlON
nAlLPOlHTCOUlT
6. DETAll. PLATES
7. DET All. PLATES
8. DETAIL PLATES
G-1. GRADING AND EROSION CONTROL
G.2. GRADING DETAll.S
Ll-3. LANDSCAPE PLAN
P-1. PLANNED UNIT DEVELOPMENT
AMENDMENT
PIONEER
ENGINEERING, PA
CITY PROJECT #05-230
I JEFFERS POND 2ND ADDmON
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276 X 21
DEVELOPMENT CONTRACT
JEFFERS POND 2ND ADDItION
PROJECT #EP05-230
This DEVELOPMENT CONTRACT is entered into this 7th day of August, 2006, by and
between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City"), and Wensmann
Realty, Inc., a Minnesota Corporation (the "Developer"). Based on the mutual promises and covenants set
forth herein, the sufficiency of which is not disputed, the City and the Developer (collectively "Parties")
agree as follows:
1. REOUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a Plat
for Jeffers Pond 2nd Addition (referred to in this Development Contract as the "Plat"). The land is legally
described as:
Outlot Q, Jh.l:'.I:'hKS POND FIRST ADDITION, according to the recorded plat thereof, Scott
County, Minnesota. Together with: Lots 13, and 14, Block 1, JE.I:'.I:'bRS SOUTH, according to the
recorded plat thereof, Scott County, Minnesota.
L:\05 FILES\05 SUBDIVISION\05 FINAL PLA 1\Jeffers Pond 2nd\Final development contract.DOC
Page 1
2. CONDITIONS OF PLAT APPROVAL. The City hereby app~oves the Plat on condition
that the Developer enter into this Development Contract, furnish the Security required by it, and record the
Plat and Development Contract with the County Recorder or Registrar of Titles within 90 days after the
City Council approves the final Plat.
3. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until
all the following conditions have been satisfied: 1) this Development Contract has been fully executed by
both parties, 2) the necessary security, development fees and insurance have been received by the City, and
3) the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not apply
to grading or other approvals set forth in Resolution No. 05-17, dated January 18, 2005, approving the
Preliminary Plat for Jeffers Pond.
4. PHASED DEVELOPMENT. If the Plat is a phase of a multiphased preliminary Plat, the
City may refuse to approve Final Plats of subsequent phases if the Developer has breached this
Development Contract or any terms or conditions set out in the Resolution app~oving the Final Plat and the
breach has not been remedied. Development of subsequent phases may not proceed until the City approves
Development Contracts 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 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.
1:\05 files\05 subdivision\05 final plat\jeffers pond 2nd\final development contract.doc
Page 2
5. PRELIMINARY PLAT STATUS. If the Plat is a phase ofa multiphased preliminary Plat,
the Developer shall submit 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.
6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the Plans
identified below. The Plans shall be approved by the City Engineer prior to consideration of the Final Plat
and Developer's Contract by the City Council. The plans shall not be attached to this Development
Contract, but are incorporated by reference and made a part of this DevelvpHlent Contract as if fully set
forth herein. If the plans vary from the written terms of this Development Contract, the more specific or
stringent controls shall apply. The Plans are:
Plan A --
Final Plat Dated June 2, 2006 (prepared by Pioneer Engineering)
Plan B --
Final Grading, Develvpulent, and Erosion Control Planes) Dated March 11,
2005 (prepared by Pioneer Engineering)
Plan C --
Tree Preservation and Replacement Plans Dated March 11, 2005 (prepared
by Pioneer Engineering)
Plan D --
Landscaping Plan Dated June 2, 2006 (prepared by Pioneer Engineering)
Plan E --
One set of Plans and Specifications for Developer Installed Improvements
Dated July 19, 2006 (prepared by Pioneer Engineering)
All plans set forth above are incorporated herein and made part of this Develvpulent Contract.
7. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install and pay for
the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
1:\05 files\05 subdivision\05 final plat\jeffers pond 2nd\final development contract.doc
Page 3
G. Site Grading and Ponding
H. Underground Utilities
I. Traffic Control Signs
J. Street Signs
K. Setting of Iron Monuments
L. Sidewalks and Trails
M. Landscaping
N. Wetland Buffer Signage
The Developer Installed Improvements shall be installed in accordance with the City's Subdivision
Ordinance, City standard specifications for utilities and street construction, the City's Public Works Design
Manual, and any other applicable City ordinances, all of which are incorporated herein by reference. The
Developer shall submit plans and specifications, which have been prepared by a Minnesota registered
professional civil engineer to the City for approval by the City Engineer. The Developer shall obtain all
necessary permits and approvals from any other agencies having jurisdiction before proceeding with that
aspect of the construction as it relates to that permit. The Developer, its contractors and subcontractors,
shall follow all instructions received from the City's authorized personnel. The Developer or the
Developer's engineer shall schedule a preconstruction meeting with all parties concerned, including the
City staff, to review the program for the construction work. In accordance with Minnesota Pipeline Safety
law revisions effective January 1, 2006 the Developer will be responsible for installing a tracer wire
mechanism for all service lines in public right-of-way. The proposed tracer mechanism shall be approved
by the City prior to installation. All costs associated with furnishing and installing the tracers shall be the
Developer's responsibility. Before the Security for the completion of utilities is released, iron monuments
must be installed in accordance with Minn. Stat. g505.02. The Developer's surveyor shall submit a written
notice to the City certifying that the monuments have been installed.
1:\05 files\05 subdivision\05 final plat\jeffers pond 2nd\final development contract.doc
Page 4
8. CONSTRUCTION OBSERVATION The City's authorized personnel shall provide
construction observation during the installation of the Developer Installed Improvements in accordance
with the Public Works Design Manual. These services by the City shall include:
A. Construction observation during installation of required Developer Installed
Improvements, which include grading, sanitary sewer, watermain, storm sewer/ponding and street system.
B. Documentation of construction work and all testing of Developer Installed
Improvements.
C. Field document as-built location dimensions for sanitary sewer, watermain and
storm sewer facilities. The Developer's Engineer is responsible for data collection and preparation of as-
built record plans.
9. DEVELOPER PROVIDED CONSTRUCTION SERVICES. The Developer shall be
responsible for providing all other construction services including, but not limited to:
A. Construction surveying
B. As-built drawings of grading plans.
C. As-built record drawings showing location, dimensions and elevations of all utility
improvements, including but not limited to top nut of hydrants, manhole rims, manhole inverts. (Field tie
dimensions to sewer and water services shall be provided to the Developer's Engineer, by City staff or City
consultants.) As-built record drawings shall follow the requirements set forth in the Public Works Design
Manual (PWDM). The as-built record drawings shall be submitted to the City for approval within six (6)
months of substantial base pavement course placement.
D. Project Testing: The Developer is responsible, at the Developer's sole cost, to
provide testing to certify that Developer Installed Improvements were completed in compliance with the
approved final plans and specifications. The personnel performing the testing shall be certified by the
1:\05 files\05 subdivision\05 final plat\jeffers pond 2nd\final development contract.doc
Page 5
Minnesota Department of Transportation. The City Engineer has the sole discretion to determine if
additional testing is necessary. The cost of additional testing is to be paid by the Developer.
E. Lot comers and monuments.
10.
SUBDIVISION MONUMENTS.
The Developer shall install all subdivision
monumentation within one (1) year from the date of recording the plat, or the monumentation shall be
installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs
first. At the end of the one (1) year period from recording of the Plat, the Developer shall submit to the
City Engineer written verification by a registered land surveyor that the required monuments have been
installed throughout the plat.
11. ;IJME OF PERFORMANCE. The Developer shall install all required public
improvements by December 31, 2006, with the exception of the final wear course of asphalt on streets.
The final wear course on streets shall be installed the first summer after the base layer of asphalt has been
in place for one freeze thaw cycle. If necessary, the Developer and the City shall consult about an
extension of time. If an extension is granted, it shall be in writing and conditioned upon updating the
Security posted by the Developer to reflect cost increases and the extended completion date.
12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Plat.
13. EROSION CONTROL.
A. Prior to initiating site grading, the erosion control plan, Plan B, and Stormwater
Pollution Prevention Plan (SWPPP) shall be implemented by the Developer and inspected and approved
by the City. The City may require the Developer, at no cost to the City, to install additional erosion
control measures if they are necessary to meet erosion control objectives. All areas disturbed by the
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Page 6
excavation and backfilling operations 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. The
parties recognize that time is of the essence in controlling erosion. If the Developer does not comply
with the erosion control plan and schedule or supplementary conditions imposed by the City, the City
may take such action as it deems appropriate to control erosion. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
Developer's and City's rights or obligations hereunder. The Developer shall be solely responsible for any
costs incurred by the City for erosion control measures. The Developer shall fully reimburse the City for
any cost incurred within ten (10) days of the date of the City's invoice. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may,
without further notice to the Developer, draw down the Irrevocable Letter of Credit to pay any costs. No
development, utility or street construction will be allowed unless the Plat is in full compliance with the
erosion control requirements. Due to the time sensitive nature of providing for erosion control, the
notice provisions set out in Paragraph 38 shall not apply to notifications to the Developer under this
paragraph.
B. The Developer shall seed or lay cultured sod in all boulevard areas behind curb
within thirty (30) days, or within a timeline established by the City Engineer, of the completion of street
related improvements (sod does not need to be installed in areas of buildable lots where silt fence is
required behind curbs).
C. The Developer shall restore all other areas disturbed by the development grading
and construction operations within this time period.
D. Boulevard and disturbed area restoration shall be in accordance with the approved
Plan B and SWPPP. (No building permits will be issued until the Developer has installed silt-fence
behind the curb of all buildable lots). It is expressly understood that once silt fence has been installed it
1:\05 files\05 subdivision\05 final plat\jeffers pond 2nd\final development contract.doc
Page 7
shall be become the builders' responsibility to maintain the silt fence, unless the silt fence is damaged by
the Developer's utility contractors.
14. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
any and all construction work by the Developer, homebuilders, contractors and subcontractors, their agents
or assigns. Prior to any construction in the Plat, the Developer shall identify, in writing, a responsible party
and schedule for erosion control, street cleaning, and street sweeping. If the Developer fails to perform the
required clean up within 24 hours of receiving instructions and notice from the City, the City, without
further notice, will perform the work and charge the associated cost to the Developer. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days of receipt of
the invoice, the City may draw down, without further notice, the Irrevocable Letter of Credit to pay any
costs incurred by the City. Due to the time sensitive nature of clean up, the notice provisions set out in
Paragraph 38 shall not apply to notifications to the Developer under this paragraph.
15. GRADING PLAN.
A. The Plat shall be graded in accordance with the approved grading, development and
erosion control planes), (plan B). The plans and work shall conform to the requirements set forth in the
City of Prior Lake Public Works Design Manual.
B. As-builts. Before the City releases the Grading Security, the 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 as built plan shall include field verified elevations of the following: a) cross sections of ponds, b)
location and elevations along all swales and ditches, and c) lot comers and house pads. The City may
withhold issuance of building permits until the approved certified grading plan is on file with the City and
all erosion control measures are in place as determined by the City Engineer. The Developer shall also
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Page 8
submit a lot tabulation certified by a registered engineer showing that all pads have been corrected in
accordance with project specifications.
16. pWNERSHIP OF DEVELOPER INSTALLED IMPROVEMENTS. Upon completion
of the Developer Installed Improvements required by this Development Contract; (1) final written
acceptance by the City Engineer and, (2) adoption of a resolution of acceptance by the City Council, the
improvements lying within public right-of-way and easements shall become City property. The Developer
shall be responsible for all pond maintenance until written acceptance by the City of the Developer installed
improvements. (Alternative): Pond shall be maintained in perpetuity by developer or homeowner's
association.
17. STREET MAINTENANCE. Developer shall be responsible for all street maintenance
until final written acceptance by the City of the Developer Installed Improvements. All private street
maintenance shall remain the Developer's and homeowners association in perpetuity. Waming signs and
detour signs, if determined to be necessary by the City Engineer, shall be placed when hazards develop in
streets to prevent the public from traveling on same and directing attention to detours. If and when streets
become impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph,
"street maintenance" does not include snow plowing or normal sweeping.
18. CONSTRUCTION Ar;rES&. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Jeffers Pass, via the north intersection with
CSAH 21 past the elementary school. No construction traffic is permitted through the adjacent local streets
and residential area.
19. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. Grading, utilities, curbing, and one lift of bituminous shall be installed on all streets
providing access and adjacent to a lot prior to issuance of any building permits for that lot. Grading as-
1:\05 fiJes\05 subdivision\05 final plat\jeffers pond 2nd\final development contract.doc
Page 9
builts for the proposed building permit shall be approved prior to issuance of a building permit. Before a
building permit will be issued a minimum of one (1) active fire hydrant within 300 feet of the unit must be
available for fire protection. If building permits are issued prior to the acceptance of the Developer
Installed Improvements, the Developer assumes all liability and costs incurred as a result of the delays in
completion of the Developer Installed Improvements; including damages to Developer Installed
Improvements caused by the Developer, its contractors, subcontractors, material men, employees, agents or
third parties.
B. A temporary or permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitary sewer improvements have been installed and the streets have
been completed and the first lift of bituminous has been placed and said improvements have been inspected
and determined by the City to be available for use.
20. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These activities
include, but are not limited to, preparation of the Development Contract, consultation with Developer and
its Engineer on the status of or problems regarding the develupment of the Plat, project monitoring during
the warranty period, processing of requests for reduction in security, and any consulting or legal fees
incurred by the City. Fees for this service shall be four percent (4%) of the estimated construction cost as
detailed in Exhibit E, less oversizing costs outlined in Exhibit D, assuming normal construction and project
scheduling. Extraordinary costs incurred by the City over and above the four percent (4%) Administration
fee shall be billed to the Developer. Extraordinary costs are defined as costs resulting from change orders
applied to the project and costs incurred as a result of unknown conditions at the time of design, project
delays, or costs incurred in enforcing the terms of this Development Contract.
21. ClIX CONSTRUCTION OBSERVATION. Construction observation shall include, but is
not limited to, part or full-time inspection of proposed grading, public utilities and street construction and
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Page 10
City consultant expenses. The Developer shall deposit an amount equal to five percent (5%) of the
estimated construction cost, less oversizing costs outlined in Exhibit D, for construction observation
performed by the City's authorized personnel. This amount shall be maintained by the City in escrow until
final acceptance of all Developer Installed hnprovements by the City. Any balance remaining in the
escrow account will be returned to the Developer at that time. Extraordinary costs incurred by the City
over and above the five percent (5%) Construction Observation fee shall be billed to the Developer.
Extraordinary costs are defined as costs resulting from change orders applied to the project, project delays
or costs incurred as a result of unknown conditions at the time of design.
22. TRUNK STORMWATER ACREAGE CHARGE. The Developer shall pay a trunk
stormwater acreage charge of $13,113.00 for trunk stormwater improvements prior to the City signing the
final Plat. The amount was calculated as follows: 4.7 acres at $2,790.00 per acre. This charge was
determined by the Trunk Storm Water Fee Study adopted by City Council Resolution # 05-18 on January
18,2005.
23.
TRUNK WATER ACREAGE CHARGE. A trunk water acreage charge of $25,850.00
shall be paid by the Developer for trunk watermain improvements prior to the City signing the final Plat.
The amount was calculated as follows: 4.7 acres at $5,500.00 per acre. This charge was determined by the
Trunk Water System Fee Study adopted by the City Council Resolution #05-07 on January 3,2005.
24. TRUNK SANITARY SEWER ACREAGE CHARGE. A trunk sanitary sewer trunk area
charge of $14,288.00 shall be paid by the Developer for sanitary sewer trunk improvements prior to the
City signing the final Plat. The amount was calculated as follows: 4.7acres at $3,040.00 per acre. This
charge was determined by the Trunk Sanitary Sewer Fee Study adopted by City Council Resolution on #05-
18 on January 18, 2005.
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Page II
25. STREET OVERSIZE ACREAGE CHARGE. The Developer shall pay a street oversize
acreage charge of $23,124.00 for street oversizing improvements prior to the City signing the final Plat.
The amount was calculated as follows: 4.7 acres at $4,920.00 per acres. This charge was determined by
the Transportation Plan Fee Study adopted by City Council Resolution #05-18 on January 18, 2005.
26. PARK AND TRAIL DEDICA TION. Park and Trail dedication requirements were satisfied
as part of the Development Contract for Jeffers Pond 1 st Addition. No additional dedication is required.
27. STREET LIGHTS AND OPERATIONAl. COSIS... The Developer is responsible for the
installation of the street lighting. The Developer shall pay the full capital cost of every light to be installed;
this includes poles, fixtures, underground wiring, and all appurtenant work. The Developer shall pay
operation and maintenance for the streetlights until the City accepts the Developer Installed Improvements,
at which time the billing shall be transferred to the City. The street light plan must be acceptable to the
City Engineer and in accordance with the Public Works Design Manual.
28. LANDSCAPING. In accordance with the City Subdivision Ordinance, each residential lot
in the Plat must have at least two (2) front yard trees. The Developer or lot purchaser shall plant the two
(2) front yard trees on every lot in the Plat that does not already meet this requirement at the time of the
building permit. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the
rear of every structure on every lot prior to the issuance of the final certificate of occupancy. If this section
is to be satisfied by existing trees, a tree protection security ("escrowed funds") may also be required. If the
required landscaping is not installed, the City is granted a license to enter upon a lot and install the
landscaping using the escrowed funds deposited by the builder at the time the building permit was issued.
Upon satisfactory completion of the landscaping, the escrowed funds less any draw made by the City, shall
be returned to the person who deposited the funds with the City.
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Page 12
29. TREE PRESERVATION AND REPLACEMENT. Subject to approved Plan C, the tree
removal on this site does not exceed the allowable removal. Therefore, no tree replacement is required.
30. SECURITY. To guarantee compliance with the tenns of this Development Contract,
payment of the costs of all Developer Installed Improvements, and construction of all Developer Installed
Jmprovements, the Developer shall furnish the City with an Irrevocable Letter of Credit in an amount equal
to 125% of the estimated Developer Jmprovement Costs. The Irrevocable Letter of Credit ("Security")
shall be in the fonn attached hereto as Exhibit B, from a bank for $186,700.00. The amount of the Security
was calculated as follows:
DEVELOPER INSTALLED IMPROVEMENTS COSTS:
Sanitary Sewer
$
33,990.00
Watennain
$
26,540.00
Stonn Sewer
$
16,770.00
Streets/Sidewalks/Trails
$
71,860.00
Street Signs
$
200.00
Traffic Control Signs
$
0.00
Landscaping
$
0.00
Tree Preservation and Replacement
$
0.00
Erosion Control (covered under grading pennit)
$
0.00
ESTIMATED DEVELOPER INSTALLED IMPROVEMENTS SUBTOTAL $
149,360.00
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
186.700.00
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank on which the Irrevocable Letter of Credit is drawn shall be subject to the approval of the City. The
bank shall be authorized to do business in the State of Minnesota with a principal branch located within the
1:\05 files\05 subdivision\05 final plat\jeffers pond 2nd\final development contract.doc
Page 13
seven County Twin City Metropolitan area. The Security shall be for a term ending December 31,2008
unless otherwise approved by the City Engineer. The Irrevocable Letter of Credit shall automatically renew
for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date
(which shall be January 1st of each year), the Bank delivers written notice to the Prior Lake City Manager
that it intends to modify the terms of, or cancel, the Irrevocable Letter of Credit. Written notice is effective
if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior
to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City
Manager at least forty-five (45) days prior to the renewal date. If the required Developer Installed
Improvements are not completed at least thirty (30) days prior to the expiration of the Security, the City
may draw on the Irrevocable Letter of Credit. If the Security is drawn down, the proceeds shall be used to
cure the default.
31. REllUCTJ.([N OF SECURITY. Upon receipt of proof satisfactory to the City that the
required portions of the Developer installed improvements have been satisfactorily completed and financial
obligations to the City have been satisfied, the Security may be reduced by seventy-five percent (75%) of
the financial obligations that have been satisfied upon written authorization by the City Engineer. Any
requests for reductions in the Security must be made in writing to the City Engineer and must be
accompanied by lien waivers from any contractor or subcontractor for the Developer. Twenty-five percent
(25%) of the Security shall be retained until all Developer Installed Improvements and other obligations
under this Development Contract have been completed, including, but not limited to, all financial
obligations to the City, and the receipt of all required as-built street, utility and grading plans by the City.
Once the City has accepted the project, as-builts have been completed, all punch list items are completed
and warranty bonds submitted, the Irrevocable Letter of Credit may be reduced to 5%. Upon completion of
the warranty period the 5% Irrevocable Letter of Credit may be released. In no event shall the five percent
1:\05 files\05 subdivision\05 final plat\jeffers pond 2nd\final development contract.doc
Page 14
(5%) Security be released until the Developer provides the City Engineer with a certificate from the
Developer's registered land surveyor stating that all irons have been set following site grading and utility
and street construction.
32. CITY DEVELOPMENT FEES. The Developer shall also furnish the City with a cash fee
of$89,817.00 for City Develvpment Fees. The amount ofthe cash fee was calculated as follows:
CITY DEVELOPMENT FEES:
City Administration Fee (4%) $ 5,974.00
City Construction Observation (5%) $ 7,468.00
Trunk Stormwater Acreage Charge $ 13,113.00
Trunk Water Acreage Charges $ 25,850.00
Trunk Sanitary Sewer Acreage Charges $ 14,288.00
Street Oversize Acreage Charge $ 23,124.00
Park and Trail Dedication Fee $ 0.00
TOTAL CITY DEVELOPMENT FEES $ 89.817.00
33. W ARRANTIC. The Developer warrants all Developer Installed Improvements required to
be constructed by it pursuant to this Development Contract against poor material and faulty workmanship.
The Developer shall post warranty bonds in the amount of twenty-five (25%) of the improvements as
security. The warranty period for streets is one (1) year. The warranty period for underground utilities is
one (1) year. The warranty period on Developer Installed Improvements shall commence on the date the
City Council adopts a resolution accepting the improvements. All punch list items must be completed and
"as-built" drawings received prior to the commencement of the warranty period. The retained Security may
be used by the City to pay for warranty work. The City standard specifications for utilities and street
construction identify the procedures for final acceptance of streets and utilities. These standards are set out
in the Public Works Design Manual.
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Page 15
34. pVERSIZING.. City and Developer agree that the Developer Installed Improvements
should be oversized for the benefit of future development. Oversizing is the construction of a Developer
Installed Improvement to City specifications that exceeds those that would otherwise be required of the
Developer. Oversizing improvements include, but are not limited to, sanitary sewer, water, storm drainage
facilities, and road improvements. If the City Engineer determines that oversizing is required, the City
shall reimburse the Developer for the costs associated with this work and as approved in this contract. City
and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $0.00 based
upon a cost estimate by the City Engineer as determined by the Developer's engineer's estimate to be
provided by the Developer and application of the City's Assessment Policy based on a final engineering
design. If the Developer does not obtain competitive bids for the work the City Engineer may reject the
estimate prices and use competitive bid prices obtained from recent city projects. No additional oversizing
compensation relating to this Development Contract shall be made unless approved in writing by the City
Engineer and approved by the City Council. It is the Developer's responsibility to provide accurate
estimates in accordance with the approved construction plans. The calculation for oversizing is attached as
Exhibit D.
35. CLAIMS.
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Development Contract has
been performed, the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to the Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Irrevocable Letter of Credit Security in an amount up to one-hundred twenty-five percent (125%) of the
claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall
release, discharge, and dismiss the City from any further proceedings as it pertains to the Irrevocable
Page 16
Letters of Credit deposited with the District Court, except that the Court shall retain jurisdiction to
determine attorneys' fees pursuant to this Develvplllent Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Developer fails within that time to pay the subcontractor any
undisputed amount for which the Developer has received payment by the City, the Developer shall pay
interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5%) per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of one-
hundred dollars ($100) or more is ten dollars ($10). For an unpaid balance ofless than one-hundred dollars
($100), the Developer shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Developer shall be awarded its costs and
disbursement, including attorney's fees incurred in bringing the action, from the Irrevocable Letter of Credit
or other security provided by the Developer to the City. (See Minn. Stat. ~471.425, Subd. 4a.)
36. RESPONSIBILITY FOR COSTS.
A. The Developer shall reimburse the City for costs incurred in the enforcement of this
Development Contract, including engineering and attorneys' fees.
B. Except as provided in Paragraphs 14 and 15 of this Develvpment Contract, the
Developer shall pay in full all bills submitted to it by the City for obligations incurred under this
Development Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
issue a stop work order until the bills are paid in full.
37. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Develvpment Contract, "Event of Default" shall
include, but not be limited to, anyone or more of the following events: (1) failure by the Developer to pay,
in a timely manner, all real estate property taxes and assessments with respect to the development property;
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Page 17
(2) failure by the Developer to construct the Developer Installed Improvements pursuant to the terms,
conditions and limitations of this Develvpment Contract; (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
Development Contract; (4) transfer of any interest in the Plat without prior written approval by the City
Council. (For the purpose of this paragraph 37) 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 in connection with this Development Contract; (7) failure by the
Developer to renew the Irrevocable Letter of Credit at least forty-five (45) 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) a
breach of any material provision of this Development Contract. With respect to this paragraph, "material
provision" shall be construed broadly to offer the City the fullest protection and recourse possible.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, after
providing the Developer with ten (10) days written notice in accordance with the terms of Paragraph 38 of
this Development Contract, may take anyone or more of the following actions:
1. The City may suspend its performance under this Development Contract.
2. The City may cancel or suspend this Develvpment Contract.
3. 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 Development Contract.
4. 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 Development
Contract or to enforce performance and/or observance of any obligation, agreement or covenant of
develvpment under this Develvpment Contract.
5. The City may suspend issuance of building permits and/or certificates of
occupancy on any of the lots in this Plat.
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Page 18
6. The City may draw upon the Irrevocable Letter of Credit if the City receives
notice that the bank elects not to renew the Irrevocable Letter of Credit.
7. The City may, at its option, install or complete the Developer Installed
Improvements using the Irrevocable Letter of Credit to pay for the related costs.
8. Any fees incurred by the City associated with enforcing any of the
provisions set out in sections 1-7 above shall be the sole responsibility of the Developer.
C. Election of Remedies. None of the actions set forth in this Section are exclusive or
otherwise limit the City in any manner.
38. NOTICES. Whenever any paragraph in this Develupment Contract, with the exception of
paragraphs 14 and 15, requires Notice to be provided to the Developer, the notice 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 ofDefau1t; and (3) the time the Developer has to cure the breach or remedy the Event ofDefault.
Required Notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by certified mail at the following address:
Wensmann Realty, Inc., 1895 Plaza Drive, Suite 200, Eagan, Minnesota, 55122. Notices to the City shall
be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail
in care of the City Manager at the following address: City of Prior Lake, 16776 Fish Point Road SE, Prior
Lake, Minnesota 55372-1714. Concurrent with providing Notice to the City, Notice(s) shall be served
upon the City Attorney Suesan Lea Pace, Esq. at Halleland Lewis Nilan & Johnson, US Bank Plaza, 220
South Sixth Street, Suite 600, Minneapolis, Minnesota, 55402-4501.
39. 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,
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Page 19
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 Development Contract. The responsibility to indemnify and
hold the City harmless from claims arising out of or resulting from the actions or inactions of the City, its
Council, agents, employees, attorneys and representatives does not extend to any willful or intentional
misconduct on the part of any of these individuals.
40. /VO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall
have no recourse against the City under this Development Contract. The Developer agrees that any party
allegedly injured or aggrieved as a result of the City's approval of the 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 39 shall apply to said actions.
41. 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(s) on the
Developer Installed hnprovements, public liability and property damage insurance covering personal
injury, including death, and claims for property damage which may arise out of Developer's work or the
work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury
and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for
property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy
of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer
shall file with the City a certificate evidencing coverage prior to the City signing the Plat. The certificate
shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the
insurance. The Certificate shall be in the form attached hereto as Exhibit C. All insurance certificates shall
have expiration dates falling on June 30th or December 31 st of each year. Each insurance certificate shall
have the project name and City project number clearly shown.
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Page 20
42. RECORDING DEVELOPMENT CONTRACT... This Development Contract shall run
with the land. The Developer, at its sole cost and expense, shall record this Development Contract against
the title to the property within ninety (90) days of the City Council's approval of the Development
Contract. The Developer shall provide the City with a recorded copy of the Development Contract. The
Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title
of the property being final platted and/or has obtained consents to this Development Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests
in the property being final platted; and that the Developer indemnifies and holds the City harmless for any
breach of the foregoing covenants.
43. SPECIAL PROVISIONS. The following special provlSlons shall apply to Plat
development:
A. Compliance with all of the conditions listed in the Resolution approving the final
Plat.
B. The Developer is required to submit the final Plat in electronic format. The
electronic format shall be compatible with the City's current software. In addition upon completion of the
project the Developer shall provide the City with as-built utility plans in electronic format compatible with
the City's current software and with layers, colors and line-types formatted in accordance with City
standards. Additionally three (3) full size (22x34 inch) paper copies and one (1) reduced (11x17 inch) copy
shall be certified and submitted to the City.
C. The Developer hereby waives any claim against the City for removal of signs placed
in the right-of-way in violation of the City Zoning Ordinance and State Statutes. The City shall not be
responsible for any damage to, or loss of, signs removed pursuant to this provision.
44. MISCELLANEOUS.
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Page 21
A. Compliance With Other Laws. The Developer represents to the City that the Plat
complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the
Plat does not comply, the City may, at its option, refuse to allow construction or development work in the
Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there
is compliance.
B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Development Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Development Contract.
C. Amendments. There shall be no amendments to this Development Contract unless
in writing, signed by the parties and approved by resolution of the City Council. The City's failure to
promptly take legal action to enforce this Develvl'Ulent Contract shall not be a waiver or release.
D. Assignment. The Developer may not assign this Development Contract without the
prior written approval of the City Council which approval shall not unreasonably be withheld. The
Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or
more lots, the entire Plat, or any part of it.
E. Interpretation. This Development Contract shall be intc~l'~eted 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 Development Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Develvl'Ulent Contract are
inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its
prOVISIons.
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Page 22
F. Jurisdiction. This Development Contract shall be governed by the laws of the State
of Minnesota.
CITY OF PRIOR LAKE
(SEAL)
By:
Jack G. Haugen, Mayor
By:
Frank Boyles, City Manager
DEVELOPER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT)
The foregoing instrument was acknowledged before me this day of , 20_,
by Jack G. Haugen, Mayor, and by Frank Boyles, 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
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
,20
by
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Page 23
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 24
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the develvpment of which is governed by the foregoing Develvpment Contract, agrees
that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this
day of
,20
STATE OF MINNESOTA )
( ss.
COUNTY OF )
20
The foregoing instrument was acknowledged before me this
by
day of
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372
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Page 25
<(
I
OJ
x
w
KNOW ALL PERSONS BY ThESE PRESENTS' 'l1ct Werl$mo~r. Home5. In{; _ c ~i<'Inl!5cla Corporation. fe" OWner One
Wensmonf1 Realty. Inc., (I Minnesota Corporal'on. lee ""'''''I. 01 the follo..."g oescribe<:l ptoperty situo!e" in
the Coonly of ~ott, Stote of M,nne5010. to ..it
Outlot O. JEtFERS PONO FIRST ADOITION. occordin9 te the recorder:! pial lh..'eo/. Scott County. M,n"l!solo
TOGETHER WITH
lots 13 ond 14, Bled< 1. JEFFERS SOUTh. according to the .ecoroed plot thereof Scott CO<Jnly. Mlnnesoto
HO"" coused ltle some to bO! surveyed and plollea os ,EJHRS PONO SECOND ADDITION ond 00 hf"eby
oedicate the egnments os shown on this plot lor drainage ond ul,lily P\JTPoses only
IN WITNESS WHEREOf said WensmOM Komes. II'''.. " Mlflnesoto Corpo.-lIt,on, hos coused these prese.Hs
lobe signed by,ts proper off,certhis_doyol 20_.
WENSMANN HOUES, INC.
"
STATE or MINNESOTA
COUNTYOf'
The foregoin~ instrument wo, acknowledged belore me this
by jh~
Corporatian, on behall of the ,orpototion
doyo! 20~
of Wen,monn Homes, Inc.. 0 loIinnesoto
Notary Publ,c
loIy Commis,ioo E~pires
County, ...,nnesolo
iN WITNESS 'NHEREOI' said wensmann Realty. Inc., 0 !,tinnesolo Corporalion tiCS couselllhe.e presents
tobe'ignedbyitsproperollie....-Ih,.~lleyol 20_
WENSWANN REAl.. TY, INC.
STATE OF a.4INNESOTA
COUNTYOF'
The foregoing instrument wes ac~no..ledged belore me this _ llay 01 20~
by the of Wensmonn Reolty, Ine
Corporalion Qfl behalf of the eorpora\ion
NalaryPlIblic County.l.hnnesatQ
Illy Commission E.pires
I h....eby certify thai I hove surveyed and platted Ihe property described on this plot as JEFFERS POND
SECOND ADDITION. thot thi, pial i. 0 correct repre,entation of the survey. that all distoncn ore correctly
Sho..n on the plot in feet and hundredths of a foot; that 011 monuments hove been eQtTeetly placed in the
l}Coundasshawn,or..iIIt>.,orrll'CllyplocedinthegroundOSdesignated;thattheOlJtsideboundorylines
o.re CQtTecUydes'gnoted on the plot; end that there ore na..etJonds es de foned,nlolinnesetoStotutes,
Saction 505.02. SuM. I, or public highwoys to be designated other than os shown
JohnC.Larson,ProlessionalLondSurveyoc-
loIinnesata License No. 19828
STATE Of MINNESOTA
COUNTYOf'
The loregoing Surve)'Ol"'S Certifieole wos ae~nawledged before me Ihis _ day 01 ~
by John C. Larson. "inn"soto U,.nse No. 19828
Notary PubliC
Illy Commissoon Expires
County, lIlinne$Ola
CITY COUNCIL
QTY OF PRtoR LAKE
This plot of LFTERS POND SECOND ADOITlON .os approved and accepted by the City CO<.ln,~ of \I1e City 01 Prior
Lo~e. Uinnesota at 0 rtgulor meeting ther.of held tois _ doy of 20~ and pLlfsuont to
U.S.A S05.0J Subdv.2. we ore in conformance
loIo)'Or
SCOTT COUNTY SUR'v\:YOR
Pursuant to Minnesota Statutes. Section 389.09, Subd. 1, os omended, this plat hos been revi.w.d ond approved
this_doyof ,20_
ScotlCountySYrveyor
SCOTT COUNTY TREASURER / AUDITOR
I hereby certify Ihot the CUl'Tent ond delinquent la><.s on the lands described withirl are paid ond the transfer
IS entered this
doyof
20_.
Siqnedby:
SCOTT COUNTY RECORDER
'............"...ftbycertifytnot this plat wosflledin this olfo<:. this_day of
20-, at ~ o'clock _.t.!. os Document No.
ScottCountyRecor~
JEFFERS POND
SECTION 27, TWP li5, RGE 22
lOCA nON ~AP
NOSCilli
_ L---_
C.SARftO.2(t.OfI'lSlR[E)
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: ',\ : ',1 :
I /.' ) (~'"' I
L_____-L.._____~
SECTION 34, TW? 115, RGE 22
lOCA nON ~AP
""'"
S lj. CORNER OF
SEC27TIIIP."5~.22
(F()JNO flOH P1PEl-____
<./
~~'
Uon<'lqer
",
deplIly
SECOND
r-
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fEB '3 2006
PIONEER
i
Il
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GRAPHlC SCALE IN FEET
DRAINAGE ANO UTILITY
EASEMENTS ARE SHOWN THUS:
DENOTES FOUND IRON MONUMENT.
, ,
,-' .L
II
II
o JL., 0
____l____J ~____L___
I I
~~~N~I;E:r~~~SS~i;:ER~~E .! ~~.....- -')t-: rc:
10 FEET IN WIDTH AND ADJOINIl ls 0
LINES AND REAR LOT LINES UNi 0 ER
/' 'NmCATl:D ON THE PLAT. I J U N 2
J/
BEARINGS ARE BASED ON SOUTH UNE Of THE
5E 1/4 Of" SEC. 27, TVtP. 115, RGE. 22 YotIICH IS
ASSUI.lEO TO HA'wt': A BEARING OF \ll(ST
NO I.lONUI.lENT SYMBOL $HO'hN AT ANY
STATUTE - REOUIRED - LOCATION, INDICATES
! P} AT MQNUUENT THAT WIll.. BE SET AND
1!'!;lBE IN PLACE WITHIN ONE YEAR
", I OF THE PlA T. SAID MONUIIIENTS
A E :1- INCH x 14 INCH IRON MONUIIIENTS
I.lARKED I .ICENSE NUI.lBER 19828.
2006 JJ
By ---~-~J~) aNEERengineering
- ~~........._~~
SHEET I Of 1 SHEETS
EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (Name ofDevelooer) and in your favor, our Irrevocable Letter
of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
(Name of Bank) ";
. dated
. 20-, of
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
(Address of Bank)
. on or before 4:00 p.m. on November 30, 20_.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45)
days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at
least forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber OfClIulluerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
BY:
Its
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Page 27
EXHIBIT "C"
SAMPLE CERTIFICATE OF INSURANCE
PROJECT:
CERnnCATE HOLDER: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior Lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$1,000,000 for one person $2,000,000 for each occurrence
Property Damage:
$500,000 for each occurrence
-OR.
Combination Single Limit Policy $1,000,000 or more
CQyg~GEflillYIDEI2:,
Operations of Contractor: YES
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Page 28
Operations of Sub-Contractor (Contingent): YES
Does Personal fujury fuc1ude Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability fucludes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$1,000,000 each person $2,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY
OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF l~ ABOVE DESCRIBED POLICIES BE CANCELED BEFORE l~ E:M-.u.<ATION
DATEll1.EREOF, T~ ISSUING COMPANY WILL MAIL ItllKTY (30) DAYS WRITTEN NOTICE TO
Tl1.E PARTIES TO WHOMll1lS CERll.nCATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
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Page 29
EXHIBIT "D"
TO
DEVELOPMENT CONTRACT
(Oversizing Calculations for Developer Installed Improvements)
A. OVERSIZING
THERE IS NO OVERSIZING INCLUDED IN THIS DEVELOPMENT.
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Page 30
=X - 3 T E
8700 13TH A ~ Eo
SHAKOPEE, MN 55379
952-894-3200
MASTER COST E~/.lMATE 2006
PROJECT NAME: JeITel's Pond 2nd Add.
ENGINEER: Ploneerl", Enfl.
DEVELOPER: Wensmllnn Homes
DESCRIPTION OF WORK
Section B - Sanltarv Sewer
1 8" PVC SDR 35,0'-10' Depth
28" PVC SDR 35,10'-12' Depth
38" PVC SDR 35,12'-14' Depth
48" PVC SDR 35, 14'-16' Depth
58" DIP CL 52, 16'-18' Depth
6 8" DIP a 52, 18'-20' Depth
7 8" DIP CI 52, 20'-22' Depth
8 4" PVC SDR 26 Service Pipe
9 4" PVC SDR 26 Riser Pipe
10 8" x 4" PVC Service Wye
11 San Sewer MH (0'-8' Depth)
12 San Sewer MH Extra Depth
13 Seal wrap Joints
14 Sanitary MH infishlelds
13 Connect to Existing San Sew
14 Test San Sewer
15 Televise San Sewer
16 Tol1ll Sanitary sewer
17
18 ,iFlon C - \/btPrmaln
19 6" DIP d 52
20 8" DIP a 52
21 Fire Hydrant w/6" GV
22 DIP Fittings
23 1" Corp Stop
24 1" Curb Stop & Box
25 1" Copper (Type K) Service Pipe
26 Connect to Existing WM
27 WM Test
28 Tol1ll WlItennllln
29
30 ~on D - Storm Sewer
31 15" RCP d 5
32 15" FES w/TG
33 24" x 36" CB
34 48" CB MH (0'-10' Depth)
35 48" MH (Extra Depth)
36 Rip Rap d. III
37 Total Storm sewer
38
39 SectIon E - Streets
40 Mob
41 Subgrade Prep
42 24" Granular Borrow (MnDot 3149) (1400 Cf from onsite )
43 9" CI 5 100% Crushed (MnDot 3138)
1/10/2006
QUA/ill! 1 UNrr . ADJ. PRICE EXTENSION
45.00 LF $18.20 $819.00
139.00 LF $18.20 $2,529.80
99.00 LF $18.20 $1,801.80
94.00 LF $18.20 $1,710.80
54.00 LF $33.25 $1,795.50
50.00 LF $50.50 $2,525.00
29.00 LF $55.50 $1,609.50
363.00 LF $7.95 $2,885.85
23.00 VF $12.00 $276.00
13.00 EA $55.00 $715.00
5,00 EA $l,nO.OO $8,850.00
18.00 VF $90.00 $1,620.00
25.00 EA $85.00 $2,125.00
5.00 EA $225.00 $1,125,00
1.00 EA $2,500.00 $2,500.00
1.00 LS $100.00 $100.00
1.00 LS $1,000.00 $1,000.00
$33,988.25
11.00 LF $18.00 $198.00
540.00 LF $23.50 $12,690.00
1.00 EA $2/615.00 $2/615.00
910.00 LB $2.00 $1,820.00
13.00 EA $85.00 $1/105.00
13.00 EA $100.00 $1/300.00
345.00 LF $12.50 $4,312.50
1.00 EA $2/500.00 $2,500.00
1.00 LS $0.01 $0.01
$26,540.51
354.00 LF $22.85 $8,088.90
1.00 EA $780.00 $780.00
2.00 EA $1,100.00 $2,200.00
3.00 EA $1,590.00 $4,nO.00
7.00 VF $90.00 $630.00
5.00 Cf $60.00 $300.00
$16,768.90
. 1.00 LS $2,500.00 $2/500.00
2,330.00 SY $0.50 $1,165.00
2,220.00 SY $5.00 $11,100.00
2,110.00 SY $6.20 $13,082.00
Page 1 of 2
DESCRIPTION OF WORK
44 2" Bit Base (MnDot Type 31B)
45 Tack Coat (MnDot 2357)
46 1.5" Bit Wear (MnDot Type 41B)
47 Cone Mountable C&G
48 Cone B618 C&G
49 Adj CB Casting
50 Adj MH Casting
51 Backfill C&G & Grade Blvd.
52 Sod 4' Behind Baek of Curb
53 Sawcut Existing Bit
54 Small Util Conduit Crossings
55 Total street
56
57 RECAP
58
59 Sanlfi1ry Subtotal
60 Watermaln Subtofi11
61 Storm Sewer Subtotal
62 Streework Subtotal
63
64 Combined Total
65
66
67,
-=X - 3-
-
-
QUANTITY UNIT
1,790.00 SY
100.00 Gal
1,790.00 SY
715.00 LF
305.00 LF
5.00 EA
5.00 EA
1.00 LS
445.00 SY
32.00 LF
3,00 EA
Page 2 of 2
ADJ. PRICE
$8.61
$4.00
$7.11
$9.50
$12.50
$100.00
$375.00
$0.01
$3.25
$6.00
$285.00
l:J\ I eNS/ON
$15,411.90
$400.00
$12,726.90
$6,792.50
$3,812.50
$500.00
$1,875.00
$0.01
$1,446.25
$192.00
$855.00
$71,859.06
$33,988.25
$26,540.51
$16,768.90
$71,859.06
$149,156.72
EXHIBIT "F"
TO
DEVELOPMENT CONTRACT
CONDITIONS OF PLAT APPROVAL
1. A current title opinion or commitment of title insurance is submitted acceptable to the City Attorney.
2. Payment of all fees prior to release of the final plat mylars.
3. Reductions ofthe entire final plat be submitted, to the following scales: I" = 800'; I" = 200'; and
one reduction at no scale which fits onto an 81/2" x II" sheet of paper.
4. Four mylar sets of the final plat with all required signatures are submitted.
5. The developer provides financial security, acceptable to the City Engineer prior to release ofthe final
plat mylars.
6. 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 November 7, 2006, will render the
final plat null and void.
1:\05 files\05 subdivision\05 final plat\jeffers pond 2nd\final development contract.doc
Page 33
Planning Commission Meeting
July 10, 2006
Lemke:
. It is con 'stent with the previous meetings. Rerend in favor.
///
h~: /
. Agree with Co issioners - it is consisteht and as long as conditions are met.
. Good to see park c Supp~:
/
://
Stamson:
. Agree with Commissioners,
Everything has been covet;ed.
//
MOTION BY PEREZ, SEC. BY LEM ' , RECOMMENDING APPROVAL OF
THE FINAL PUD PLA UBJECT TO THE STED CONDITIONS.
./
aff did a good job laying out the conditions.
port.
The target da to go to City Council is August 7.
OTION CARRIED.
V ote taken indicate ayes by all. Ringstad abstaine
*
C. EP 05-230 Wensmann Realty is requesting approval of a PUD Final Plan for
Jeffers Pond Second Addition.
Planning Director Jane Kansier presented the Planning Report dated July 10, 2006 on file
in the office of the City Planning Department.
Wensmann Realty has applied for approval for the second phase of the Jeffers Pond
development on property located at the southwest quadrant of the intersection of CSAH
42 and CSAH 21. The entire Jeffers Pond development is a 336 acre mixed use
development. The first phase of the development, constructed in 2005, included lots for
96 single family homes, 67 townhomes, the school site and the park.
Jeffers Pond 2nd Addition includes 5.16 acres located east of Jeffers Pass, west of CSAH
21, south ofCSAH 42, and north of Raspberry Ridge Road. The original plan called for
development of 40 townhouse units; the revised final plan is proposing development of
23 single family detached dwellings, reducing the total units by 17.
The staff recommends approval of the Final PUD Plan be subject to the following
condition:
The Final Plat and Development Contract must be approved by the City Council.
COMMENTS FROM THE PUBLIC:
Terry Wensmann, ofWensmann Homes was present to answer any questions. The
reason for the change is the demand for this type of detached townhouse. It is not a
product that they have in the Jeffers development.
L:\06 FILES\06 PLANNING COMMISSION\MINUTES\MN071006.doc
13
Planning Commission Meeting
July 10, 2006
There were no comments from the public and the hearing was closed at 7:39 p.m.
COMMENTS FROM THE COMMISSIONERS:
Lemke:
. This is an improvement to an otherwise outstanding improvement. Can't think of
a single decision I have had to make on this Commission that was easier for me.
Support.
Perez:
. Agree - with this change and all other elements. It is an improvement on the
densities and impervious surface. Support.
Ringstad:
. Mr. Wensmann answered my only question with his opening statement of why the
change. Typically we are looking at requests for higher densities and impervious
surface and this is going the other way. It is a great product for the development.
Support.
Billington:
. It is an excellent project and I will be supporting it as well.
Stamson:
. Changes are an improvement. It is an outstanding project. Support.
MOTION BY RINGSTAD, SECOND BY BILLINGTON, RECOMMENDING
APPROVAL OF THE FINAL PUD PLAN SUBJECT TO THE LISTED CONDITION.
Vote taken indicated ayes by all. MOTION CARRIED.
This will go before the City Council on August 7, 2006.
D. EP 0 - estyle Builders & Developers c. are requesting a combined
Preliminary and Fina lat consisting of 1.94 acr of land located on the east side of
Ridgemont Avenue and th of TH 13. The 'operty is to be subdivided into 3 lots
for single family homes.
Mitch Husnik has applied for wproval ofa d lopment to be known as Tristan's Woods
on a property located on th,e-~ast side of Rid gem t Ave and north ofTH 13. The
request calls for the sub . ision of the existing lot i three single-family residential lots.
/
.hg Report dated July 10, 2006, on file in the
Planner Jeff Matzke presented the
office of the City Planning Departm
7
The total site cons. s of 1.94 acres. The preliminary plat consists of 3 lots for single
family dwellin . The lots range in size from 26,961 square feet to 30,408 square feet.
L:\06 FILES\06 PLANNING COMMISSION\MINUTES\MN071006.doc
14