7.2. SR 04-20-2009~~
Elk REQUEST FOR ACTION
River
To Item Number
Ma or and Ci Council 7.2.
Agenda Section Meeting Date Prepared by
Public Works Aril 20, 2009 Te Maurer, Public Works Director
Item Description Reviewed by
Consider Initiating 429 Assessment Process for Completion of Lori ohnson, Ci Administrator
Trott Brook Crossing and Windsor Meadows Developer Reviewed by
Projects
Action Requested
Adoption of the two attached resolutions ordering the preliminary feasibility report for
completion of the developer improvements in Trott Brook Crossing and Windsor Meadows.
Since these would be considered City-initiated improvements, the resolutions require a super
majority (4/5) of the Council to adopt them.
Background/Discussion
Trott Brook Crossing is a subdivision of multi-family and single-family lots located east of Twin
Lakes Road and south of CSAH 12 that has gone for several years without the developer
completing the final lift of bituminous surfacing and other minor punch list items. Windsor
Meadows is a cluster development west of CSAH 1 and south of County Road 33, which is in a
similar state of non-completion. Attached are exhibits showing each of these developments.
Both of these developments have had the letters of credit lapse, and currently the City has no
security to force the developer, or in the case of Windsor Meadows, the bank, to complete the
project. City Attorney Peter Beck has researched the issue and has suggested that the City could
undertake a 429 assessment project on each of these developments to complete the final lifts of
blacktop and other minor punch list work. The assessment of this work would be levied against
lots that are still in the developer's name. No assessment would be levied against lots that are
currently built on or not owned by the developer.
Financial Impact
The financial risk to the City using this approach would be that the lots that the assessment would
be levied against would go tax forfeit and the assessment would not be paid. However, staff has
had numerous meetings over the past several months to discuss these types of issues, and with
these two projects, this seems to be the best approach to getting the improvements completed.
Attachments
^ Exhibits of the two developments
^ Resolutions
Action Motion by Second by Vote
Follow Up
S:\EngineerImprovProj\2009 Improvement Projects\Windsor Meadows-TBC Final Lift\04 20 09 cc memo.doc
Trott Brook Crossing Phase 2
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Windsor Meadows
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RESOLUTION 09-.
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR THE CITY OF ELK RIVER
ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE
MATTER OF THE TROTT BROOK CROSSING FINAL LIFT OF BITUMINOUS AND
OTHER ANCILLARY ITEMS IMPROVEMENT OF 2009
WHEREAS the Ciry has determined that it should consider improving certain property by, placing
the Final Lift of Bituminous and other ancillary items (the Improvement); and
WHEREAS Council must first secure a preliminary feasibility study ui order to consider making
the improvement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota:
This matter shall be referred to Terry Maurer, Ciry Engineer, who is requested to provide to
the Ciry Council a report advising, in a preliminary way, whether the proposed improvement
is feasible and whether the improvement should thus be made as proposed or in connection
with some other improvement and the estimated cost of the improvement as recommended.
Passed and adopted this 20s' day of April, 2009.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allaxd, Ciry Clerk
S:\EngineerImprovProj\2009 Improvement Projects\Windsor Meadows-TBC Final Lift\Resolutions\Order Feasib Report-TBC.doc
RESOLUTION 09-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR THE CITY OF ELK RIVER
ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE
MATTER OF THE WINDSOR MEADOWS FINAL LIFT OF BITUMINOUS AND
OTHER ANCILLARY ITEMS IMPROVEMENT OF 2009
WHEREAS the City has determined that it should consider improving certain property by, placing
the Final Lift of Bituminous and other ancillary items (the Improvement); and
WHEREAS Council must first secure a preliminary feasibility study in order to consider making
the improvement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ciry of Elk River,
Minnesota:
This matter shall be referred to Terry Maurer, City Engineer, who is requested to provide to
the Ciry Council a report advising, in a preliminary way, whether the proposed improvement
is feasible and whether the improvement should thus be made as proposed or in connection
with some other improvement and the estimated cost of the improvement as recommended.
Passed and adopted this 20~' day of April, 2009.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, Ciry Clerk
S:\EngineerImprovProj\2009 Improvement Projects\Windsor Meadows-TBC Final Lift\Resolutions\Order Feasib Report-WM.doc