HomeMy WebLinkAboutItem 06.jSeptember 10, 2014 Item No.
ENCLAVE AT ST. FRANCES WOODS DEVELOPMENT CONTRACT AMENDMENT
SEPTEMBER 15, 2014 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve an amendment to the
Enclave at St. Frances Woods development contract.
Passage of this motion will amend the development contract approved by the City Council
with the Enclave at St. Frances Woods final plat on September 2, 2014.
Overview
The Enclave at St. Francis Woods final plat of 41 single family lots located south of 205th Street
and west of Kensington Boulevard was approved by the City Council at their September 2,
2014 meeting. Following the meeting, the developer questioned if they would receive credits
for the development fees paid for the seven vacant townhome lots in St. Frances Woods 8th
Addition that are being re -platted into single family lots with the Enclave at St. Frances Woods
final plat.
Engineering Division staff reviewed the request and confirmed that development fees should
be reduced to reflect the payment of these fees made with the St. Frances Woods 8" Addition
final plat. The revised figures were provided to the City Attorney and they prepared the
development contract amendment.
Primary Issues to Consider
• What is the reduction amount of the pertinent development fees for Enclave at St. Frances
Woods?
Supporting Information
• Staff analysis of issues
•(\ Signed development contract amendment
, PlannirADirector
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Enclave at St. Frances Woods development contract
Notes:
Enclave at St. Frances Woods Development Contract Amendment
September 15, 2014 City Council Meeting
Page 2
Staff Response to Primary Issues to Consider
• What is the reduction amount of the pertinent development fees for Enclave at St. Frances
Woods?
Development Fee
Original Amount
Revised Amount
Reduction
Storm Sewer Area Charge
$86,183.19
$78,002.19
$8,181.00
Sanitary Sewer Availability Charge
$12,587.00
$10,438.00
$2,149.00
Park Dedication
$141,942.00
$117,708.00
$24,234.00
Street Light Operating Fee
$1,334.96
$1,107.04
$227.92
Surface Water Management Utility F=ee
$1,148.00
$952.00
$196.00
Total
$243,195.15
$208,207.23
$34,987.92
(reserved for recording information)
AMENDMENT TO DEVELOPMENT CONTRACT
ENCLA VE A T ST. FRANCES WOODS
THIS AMENDMENT TO DEVELOPMENT CONTRACT ("Amendment") is made this
day of , 2014, by and between the CITY OF LAKEVILLE, a Minnesota municipal
corporation ("City") and ENCLAVE AT ST. FRANCIS WOODS, LLC, a Minnesota limited liability
company (hereinafter referred to as the "Developer")
1. The Development Contract dated September 2, 2014, and filed for record with the
Dakota County Recorder on , 2014, as Document No.
for the plat of Enclave at St. Frances Woods (the "Development
Contract") shall remain in full force and effect except as specifically amended herein.
2. Paragraph 19 of the Development Contract is amended to read as follows:
19. STORM SEWER AREA CHARGE. Development of Enclave at St. Frances
Woods includes public storm sewer construction. Storm sewer will be installed within the
subdivision to collect and convey stormwater runoff generated from within the public right-of-way
and lots to the public stormwater basins located within Outlot A, Enclave at St. Frances Woods
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and the existing expanded City owned pond located in the southeast corner of 205th Street and
Kensington Boulevard.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel of
Enclave at St. Frances Woods and must be paid at the time of final plat approval. The Trunk
Storm Sewer Area Charge is calculated as follows:
Gross Area of Enclave at St. Francis Woods
Less Area of Outlot A (Public Stormwater Basins and Wetland Complex)
Less Area of Outlot B (Wetland Complex)
Less Area of Lots 1-5, Block 4, St. Frances Woods 8t' Addition
Less Area of Lots 1-3 and a portion of Lot 7, Block 5, St. Frances Woods 8t'
Addition
Total
467,079 s.f. x $0.167/s.f. _ $78,002.19
Net Area of Enclave at St. Frances Area Charge Total
Woods
765,785 s.f.
(-) 245,814 s.f.
(-) 3,904 s.f.
(-) 31,381 s.f.
(-) 17,607 s.f.
= 467,079 s.f.
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for the conveyance of
Outlots A and B to the City, consistent with City policy. The $31,515.00 credit is based on the area
of the outlots and is calculated at the rate of $5,500.00 per acre, and will be applied to the Enclave
at St. Frances Woods final plat cash fees. The credit is calculated as follows:
5.64 acres + 0.09 acres x $5,500/acre = $31,515.00
Area of Outlot A Area of Outlot B Per Acre Credit Total
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
3. Paragraph 20 of the Development Contract is amended to read as follows:
20. SANITARY SEWER AVAILABILITY CHARGE. Development of Enclave at St.
Frances Woods includes public sanitary sewer construction. Eight inch sanitary sewer and
services were previously extended through the St. Frances Woods 7th and 8th Additions along
Kaiser Way for Lots 5 and 6, Block 1 and Lots 1 through 3, Block 2, Enclave at St. Frances
Woods.
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The Sanitary Sewer Availability Charge is due for the parent parcels and is based on the
rate in effect at the time of final plat and is calculated as follows:
(41 units -7 units) x $307.00/dwelling unit = $10,438.00
Single -Family Dwelling Units St. Frances Woods 2014 Sanitary Sewer Total
Enclave at St. Frances Woods 8t' Addition Credit Availability Charge Per Unit
The Sanitary Sewer Availability Charge of $10,438.00 must be paid in cash at the time of final plat
approval.
4. Paragraph 22 of the Development Contract is amended to read as follows:
22. PARK DEDICATION, TRAILS AND SIDEWALKS. The City's Parks, Trails and
Open Space Plan does not designate trails, Greenway Corridors or neighborhood parks within
Enclave at St. Frances Woods. The park dedication has not been collected on the parent parcels
and will be satisfied through a cash contribution that must be paid at the time of final plat approval.
The park dedication fee is based on the rate in effect at the time of final plat and is calculated as
follows:
(41 Units - 7 units) x $3,462.00/dwelling unit = $117,708.00
Single -Family Dwelling Units St. Frances Woods Park Dedication Fee Rate Total
Enclave at St. Frances Woods 8t' Addition Credit
5. Paragraph 23 of the Development Contract is amended to read as follows:
23. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A
cash fee for traffic control signs in the amount of $900.00 must be paid at the time of final plat
approval, which includes two stop signs with street blades and no outlet blades with arrows at
$450.00 each. If the street sign posts are installed during frost conditions, the developer shall pay
an additional $150.00 for each street sign post location.
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final
plat approval and is calculated as follows:
(41 units -7 units) x $8.14/unit/qtr. x 4 qtrs. = $1,107.04
Dwelling Units St. Frances Woods Streetlight Operating Fee Total
Enclave at St. Frances Woods 8t' Addition Credit
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6. Paragraph 24 of the Development Contract is amended to read as follows:
24. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one-year of
surface water management expenses shall be paid at the time of final plat approval and is
calculated as follows:
(41 units -7 units) x $7.00/unit/qtr. x 4 qtrs. = $952.00
Dwelling Units St. Frances Woods Surface Water Management Fee Total
Enclave at St. Frances Woods 8"' Addition Credit
7. Paragraph 30 of the Development Contract is amended to read as follows:
30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council
signing the final plat:
A.
Park Dedication Fee
$117,708.00
B.
Sanitary Sewer Availability Charge
10,438.00
C.
Trunk Storm Sewer Area Charge
78,002.19
D.
Traffic Control Signs
900.00
E.
Abandoned Water Services
3,000.00
F.
Streetlight Operating Fee
1,107.04
G.
Surface Water Management Fee
952.00
H.
City Base Map Updating Fee
3,225.00
I.
City Engineering Administration
22,203.14
(3% for letters of credit or 3.25% for alternate disbursement)
SUBTOTAL
CASH REQUIREMENTS
$237,535.37
CREDITS TO THE CASH REQUIREMENTS
Deeding Outlots A and B to City for Stormwater Management $ 31,515.00
SUBTOTAL CREDITS TO THE CASH REQUIREMENTS $ 31,515.00
TOTAL CASH REQUIREMENTS $206,020.37
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this
day of , 2014.
Remainder of Page Intentionally Left Blank.
Signature Pages Follow.
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CITY OF LAKEVILLE
BY:
(SEAL)
/W1
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2014, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of the
City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
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DEVELOPER:
ENCLA , E ANCIS /ODS, LLC
77
S✓2 I 9, �.
STATE OF MINNESOTA
)ss.
COUNTY OF DAKOTA ) 4
The foregoing inktrument was acknowledged before met (917f day of12010;44-
2014, by Z) - L� �-d the ?' of ltnclave at
St. Francis Woods, LLC, a Minnesota limited liability company, on behalf of said company.
THIA DIANE :�-• r • PALIC
(OCYN
�• O•Jan
r
y Commission Epires Jan, 31, �:
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
AMP:cjh
178113v1
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
COMMERCE BANK, a Minnesota banking corporation, which holds a mortgage on the
subject property, the development of which is governed by the foregoing Development Contract,
agrees that the Development Contract shall remain in full force and effect even if it forecloses on
its mortgage.
Dated this day of '2014.
COMMERCE BANK
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 2014, by , the
Commerce Bank, a Minnesota banking corporation, on behalf of said corporation.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(651) 452-5000
AMP/cjh
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day of
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