HomeMy WebLinkAbout5C - Red Oaks Second Addition
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MAY 4,1998
5C
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION 98-XX
APPROVING AN EXTENSION OF THE 60-DA Y RECORDING
DEADLINE FOR FILING THE FINAL PLAT OF RED OAKS
SECOND ADDITION FROM MAY 2,1998 TO JUNE 2, 1998
Historv: On March 2, 1998, the City Council adopted Resolution 98-
30 approving the Development Contract and final plat for Red Oaks
Second Addition, which consists of 2.42 acres to be subdivided into 3
lots located along the west side of Breezy Point Road, about 1/4 mile
north of Rutledge Street, and directly south of Prior Lake. One of the
conditions of approval stated in this resolution is that "the plat and all
pertinent documents must be filed with the Scott County Recorder
within 60 days from the date of final plat approval. Failure to record
the documents by May 2, 1998, will render the final plat null and
void. /I This provision is consistent with Section 6-3-4 (G) of the
Subdivision Ordinance.
Current Circumstances: On April 16, 1998, the staff received the
attached letter from Bryce Huemoeller, the developer's attorney,
requesting the City Council extend the 60 day recording deadline 30
days from May 2, 1998, to June 2, 1998. It seems the developer is
having some difficulty obtaining signatures from one of the
mortgagors due to a recent merger. The extension will allow the
developer time to obtain these signatures. Section 6-3-4 (G) of the
Subdivision Ordinance allows the Council to grant an extension of the
recording time for 60 days "upon written request by the subdivider or
for other good cause as determined by the City Council. /I
The Issues: The purpose of the 60 day recording deadline is primarily
to ensure that the cost estimates and fees for the final plat will be valid
at the time of construction. This final plat includes a relatively small
amount of construction, and an additional 30 day extension should not
affect the cost estimates. In addition, the developer has no control over
the reason for this delay.
Conclusion: The requested extension will not have an adverse affect
on the development of this site. The developer intends to move
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16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
forward with the plat, and an additional 30 day extension will not
impact the fees or the design of the plat.
There is no budgetary or fiscal impact as a result of this extension.
The City Council has three alternatives:
1. Approve Resolution 98-XX granting a 30 day extension of the
recording time from May 2, 1998, to June 2, 1998.
2. Deny Resolution 98-XX.
3. Defer this item and provide staff with specific direction.
Motion and second to approve Resolution 98-XX as part ofthe
Consent Agenda.
anager
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Page 2
RESOLUTION 98-XX
RESOLUTION APPROVING THE EXTENSION OF lItE RECORDING DEADLINE
FOR THE FINAL PLAT OF RED OAKS SECOND ADDITION
MOTION BY: SECOND BY:
WHEREAS: the Prior Lake City Council adopted Resolution #98-30 on March 2, 1998,
approving the development contract and final plat for Red Oaks Second
Addition; and
WHEREAS: Section 6-3-4 (G) of the City Code requires the plat and all pertinent
documents shall be filed with the Scott County Recorder within 60 days of
final plat approval, in this case by May 2, 1998; and
WHEREAS: the Developer has submitted a request to extend the application deadline 30
days to June 2, 1998; and
WHEREAS: the City Council finds the extension of this deadline is not inconsistent with the
intent of the provisions of Section 6-3-4 (G).
NOW, THEREFORE, BE IT HEREBY RESOLVED BY IH.E CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that it hereby approves the extension of the recording deadline
for the final plat of Red Oaks Second Addition to June 2, 1998.
Passed and adopted this 4th day of May, 1998.
YES
NO
Mader
Kedrowski
I Petersen
Schenck
Wuellner
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal}
City Manager
City of Prior Lake
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16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKUN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
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JAMES D. BATES
BRYCE D. HUEMOELLER
April 16, 1998
Telephone (612) 447-2131
Telecopier (612) 447-5628
Ms. Jane Kansier
Prior Lake Planning Department
16200 Eagle Creek A venue
Prior Lake, MN 55372
Re: Red Oaks Second Addition
Dear Ms. Kansier:
The deadline for filing this plat is May 2, 1998.
There are two mortgagees that need to consent to and sign the plat -- TCF
Mortgage and First Bank, now U.S. Bank.
TCF has approved and will sign the plat.
We are, however, having some difficulty with First Bank, in part because of its
recent merger. Further, even though the mortgage currently secures a relatively small
amount, so Mike Benedict could simply prepay it, the normal time for a large bank to
process a satisfaction could take until after May 2.
Accordingly, I am requesting an extension until June 2, 1998, to file the plat to
give us sufficient time to obtain the First Bank consent to the plat, or to obtain and file
a satisfaction of the First Bank mortgage.
Please advise if I should be present at the City Council meeting to provide
further information.
Sincerely yours,
(~... /'1 '\C
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Bryce D. Huemoeller -~
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cc: Michael S. Benedict