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Home My WebLink About#13 - Boulder Ponds 2nd Add Security Reduction STAFF REPORT DATE: October 1st, 2019 CONSENT AGENDA ITEM: Private Development Projects – Approve Security Reduction for Boulder Ponds 2nd Addition Landscaping Improvements and redact previous approval. SUBMITTED BY: Ben Prchal, City Planner REVIEWED BY: Ken Roberts, Planning Director ISSUE BEFORE COUNCIL: Should the City Council approve a revision to its previous approval of the Security Reduction and made at the September 17th meeting and authorize a corrected amount for release? PROPOSAL DETAILS/ANALYSIS: At the September 17th, 2019 meeting Staff had recommended that the City Council approve a substantial release of the security for Phase 2 of the Boulder Ponds development. At that time Staff had a misunderstanding of where Phase 2 in the Development was regarding its two year warranty period. Generally speaking reductions are allowed in increments. The developer would be eligible for a decrease in security after the 1st year of the warranty period has been accepted and then again at final acceptance. The DA states that at least 25% of the security shall be retained until the City has issued final acceptance of the improvements. After the City Council meeting Staff followed up on the project and came to the conclusion that too much money was released too early. The amount that can be released is 28% of the $93,750 being held for Phase 2 landscaping. This percentage fiscally represents the amount that was final accepted by the City but it is strictly tied to the 5th St. improvements. Fortunately Staff caught the mistake and stopped the authorization of the reduction to the bank. As stated above Staff believes the City Council should revise the previous approval and instead approve a 28% reduction to match what has been accepted: Current Security Amount Proposed Security Reduction Amount 1. Boulder Ponds 1st Addition: $3,125 $0 2. Boulder Ponds 2nd Addition: $93,750 $26,250 3. Boulder Ponds 5th Street: $1,000 $0 Phase 2 has not had its first inspection to start the two year warranty clock. The developer is hoping to have all of the necessary plantings in place before October 10th for our Landscape architect to inspect the site. During the previous landscaping reduction for the 1st and 2nd phases and 5th St. the City held $3,125 until 5 additional trees were planted following construction of the homes within the neighborhood, and $1,000 for some minor plantings needed along the 5th Street median. The City will continue to hold the remaining $4,125 until the developer addresses the outstanding items and will hold $70,500 until the plantings are approved. FISCAL IMPACT: It is the City’s goal to retain a security amount that is sufficient to cover all improvements needed to address public needs should the developer default. This is done to protect the City and taxpayers from financial harm. With this reduction, the remaining security amount held by the City remains sufficient to complete the remaining improvements, specifically related to landscaping. At this point there has not been a reduction for Phase 3. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the security reductions for the Boulder Ponds 2nd Addition Landscaping Improvements and revise its previous approval of releasing $93,750. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to revise the previous security reduction of $93,750 for the Boulder Ponds 2nd Addition Landscaping Improvements and approve a reduction of $26,250 as detailed in the attached Security Reduction Worksheets.” ATTACHMENTS: 1. Security Reduction Worksheet – Boulder Ponds 1st Addition. 2. Security Reduction Worksheet – Boulder Ponds 2nd Addition. 3. Security Reduction Worksheet – Boulder Ponds 5th Street Improvements. 4. Landscape Architect Email. BOULDER PONDS 1ST ADDITION Time of Performance: October 31, 2016 DEVELOPMENT AGREEMENT AMOUNTS CATEGORY CONSTRUCTION 125%REMARKS #1 #2 #3 #4 #5 #6 Grading $116,600 $116,600 100%$116,600 Grading $68,194 $85,243 100%$42,621 $42,621 Sanitary Sewer $405,451 $506,813 75%$380,110 Watermain $349,674 $437,092 75%$327,819 Streets $1,084,327 $1,355,409 75%$677,704 $338,852 Surface Water Facilities $721,027 $901,284 75%$450,642 $225,321 SWWD sign-off needed Erosion Control $48,406 $60,508 75%$45,381 Sidewalks/Trails Included in Streets Included in Streets Street Lighting NA NA By Xcel Energy Street Signs and Traffic Control Signs Included in Streets Included in Streets Landscaping $204,302 $255,378 50%$127,689 $60,719 $3,125 Tree Preservation and Restoration NA NA Wetland Mitigation and Buffers NA NA LOC Through VBWD Monuments $4,700 $5,875 75%$4,406 Miscellaneous Facilities NA NA Record Drawings $2,500 $3,125 75%$2,344 TOTALS $2,888,581 $3,727,326 RELEASED AMOUNTS:$1,995,497 $606,794 $179,819 $60,719 $3,125 $881,371 CUMMULATIVE AMOUNTS:$1,995,497 $2,602,291 $2,782,111 $2,842,830 $2,845,955 SECURITY AMOUNT REMAINING:$1,731,829 $1,125,035 $945,215 $884,496 $881,371 DATE:12/15/2015 8/2/2016 12/20/2016 7/17/2018 TBD REDUCTIONS Holding for 5 trees to be planted with Lots BOULDER PONDS 2ND ADDITION Time of Performance: October 31, 2016 DEVELOPMENT AGREEMENT AMOUNTS CATEGORY CONSTRUCTION 125%REMARKS #1 #2 #3 #4 #5 #6 Grading NA NA Included in Boulder Ponds 1st Addition Sanitary Sewer $73,000 $91,250 $68,438 Watermain $67,000 $83,750 $62,813 Storm Sewer (w/pond structures)$39,500 $49,375 $37,031 Streets $84,175 $105,219 $78,914 Sidewalks/Trails $19,850 $24,813 Surface Water Facilities $13,000 $16,250 Street Lighting $12,000 $15,000 Street Signs and Traffic Control Signs $1,600 $2,000 Private Utilities (electricity, natural gas, telephone, and cable) Landscaping $75,000 $93,750 $26,250 Tree Preservation and Restoration NA NA Wetland Mitigation and Buffers $1,000 $1,250 Monuments $1,800 $2,250 Erosion Control $36,650 $45,813 Miscellaneous Facilities NA NA Record Drawings $2,500 $3,125 TOTALS $427,075 $533,844 RELEASED AMOUNTS:$247,195 $26,250 $0 $0 $0 $0 CUMMULATIVE AMOUNTS:$247,195 $26,250 SECURITY AMOUNT REMAINING:$286,648 $260,398 DATE:9/5/2017 10/1/2019 REDUCTIONS BOULDER PONDS 5TH STREET NORTH Time of Performance: October 31, 2017 DEVELOPMENT AGREEMENT AMOUNTS CATEGORY CONSTRUCTION 125%REMARKS #1 #2 #3 #4 #5 #6 Grading NA NA Included in Boulder Ponds 1st Addition Sanitary Sewer $46,600 $58,250 $43,688 Watermain $64,000 $80,000 $60,000 Storm Sewer (w/pond structures)$97,300 $121,625 $91,219 Streets $287,700 $359,625 $269,719 Sidewalks/Trails $71,000 $88,750 $66,563 Surface Water Facilities NA NA SWWD infiltration basin sign-off Street Lighting NA NA Street Signs and Traffic Control Signs $11,600 $14,500 $10,875 Private Utilities (electricity, natural gas, telephone, and cable)NA Landscaping $100,753 $125,941 $93,456 $1,000 $1,000 Tree Preservation and Restoration NA NA Wetland Mitigation and Buffers NA NA Monuments NA NA Erosion Control NA NA Miscellaneous Facilities NA NA Record Drawings NA NA TOTALS $678,953 $848,691 RELEASED AMOUNTS:$103,688 $360,938 $170,893 $1,000 $212,173 CUMMULATIVE AMOUNTS:$103,688 $464,625 $635,518 $636,518 SECURITY AMOUNT REMAINING:$745,004 $384,066 $213,173 $212,173 DATE:2/21/2017 9/5/2017 7/17/2018 TBD REDUCTIONS Holding for 5th Street median plantings 1 Ben Prchal From:Lucius N. Jonett <ljonett@wenck.com> Sent:Thursday, September 26, 2019 11:02 AM To:Ben Prchal Subject:Boulder Ponds Attachments:2019-09-26 Boulder Ponds Landscape Plan Review Calc.xlsx Caution: This email originated outside our organization; please use caution. Ben, I have attached a spreadsheet breaking down how many of what trees are proposed to be installed per phase. For phase 2, 51 of the 179 trees to be installed were the 5th Street trees. These 51 trees were accepted with the 1st addition landscape, therefor 28% of the 2nd addition landscape escrow could be eligible for a LOC reduction. Lucius Jonett, PLA (MN, ND, IA) Landscape Architect / Associate ljonett@wenck.com D| 763-479-4254 C| 715-207-9850 1800 Pioneer Creek Center | Maple Plain, MN 55359 Master Plan Phase 1 Phase 2 Phase 3 Master Plan Qty % Composition (Code Required)Proposed Proposed Proposed Deciduous Shade Trees 362 57%>25% required Street frontage 10043 Lineal Feet Coniferous Trees 79 12%>25% required Lake Shore 0 Lineal Feet Ornamental Trees 97 15%<15% required Stream Frontage 0 Lineal Feet 5th Street Blvd Trees 99 Total Linear Feet 10043 Lineal Feet Tree Count 637 /50 Feet = Required Frontage Trees 201 Trees Phase 1 Qty % Composition Development or Disturbed Area -SF Deciduous Shade Trees 192 55%>25% required Development or Disturbed Area 48.8 Acres Coniferous Trees 42 12%>25% required *5 = Required Development Trees 244 Trees Ornamental Trees 68 19%<15% required 5th Street Blvd Trees 48 5th Street Boulevard Frontage 3965 Spaces Tree Count 350 /40 Feet = Required Blvd Frontage Trees 99 48 51 Trees Required Mitigation Trees 0 Phase 2 Qty % Composition Deciduous Shade Trees 110 61%>25% required Required Number of Trees*544 Coniferous Trees 2 1%>25% required Ornamental Trees 16 9%<15% required Total Trees to Date 350 179 108 5th Street Blvd Trees 51 Tree Count 179 Phase 3 Qty % Composition Deciduous Shade Trees 60 56%>25% required Coniferous Trees 35 32%>25% required Ornamental Trees 13 12%<15% required 5th Street Blvd Trees 0 Tree Count 108 * Residential development - mitigation replacement trees are in addition to landscape required tree counts. 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