6.1. SR 08-17-2009REQUEST FOR ACTION
To Item Number
Ci Council 6.1.
Agenda Section Meeting Date Prepared by
Public Works Au st 17, 2009 Ter Maurer, Public Works Director
Item Description Reviewed by
Windsor Meadows Feasibility Study
Reviewed by
Action Requested
The City Council is requested to consider adoption of the following three resolutions:
• Resolution Accepting Feasibility Study and Ordering the Public Hearing for
September 21, 2009
• Resolution Determining Cost to be Assessed and Ordering Preparation of Assessment
Roll
• Resolution Establishing Date for Assessment Hearing on September 21, 2009
Background/Discussion
Windsor Meadows is one of the developments in the city where the developer has not completed
his required improvements according to the developer's agreement on record. In April, the City
Council passed a resolution authorizing this feasibility study, initiating the process to have the city
complete the improvements and assess them to the lots still owned by the developer. Three
quotes have been received for the work. The lowest quote is reflected in the feasibility study. By
adopting the attached resolutions, the Council will move the process to the public
hearing/assessment hearing on September 21, 2009. After the public hearing/assessment hearing,
the City Council will be asked to decide whether or not to proceed with the final improvements at
Windsor Meadows.
Financial Impact
It is the recommendation of the feasibility study to assess all costs including construction,
construction-related overhead, and unpaid city invoices to the benefited lots in Windsor Meadows
still owned by the developer and/or the financing institution.
Attachments
• Feasibility Study
• Resolution Accepting Feasibility Study and Ordering the Public Hearing
• Resolution Determining Costs to be Assessed and Ordering Preparation of Assessment
Roll
• Resolution Establishing Date for the Assessment Hearing
Windsor Meadows
August 17, 2009
Page 2
Action Motion by Second by Vote
Follow Up
S:\EngineerImprovProj\2009 Improvement Projects\Windsor Meadows-TBC Final Lift\08 17 09 cc memo.doc
Feasibility Report
Windsor Meadows Final Lift of Bituminous
and Other Ancillary Items
A. Introduction
The Windsor Meadows Addition is a rural clustered development located in the
northwest area of the city as shown on Exhibit 1. The developers of Windsor Meadows
entered into a developer's agreement with the City of Elk River on April 14, 2005. The
public improvements to be constructed by the developers according to the agreement
have never been completed. The final lift of bituminous has never been placed, along
with other minor improvements. Therefore, on Apri120, 2009, the City Council adopted
Resolution 09-17, ordering a preliminary feasibility study for the completion of the
public improvements in the Windsor Meadows development.
B. Proposed Improvements
According to the terms of the developer's agreement and an inspection of the current
condition of the improvements in Windsor Meadows Addition, the following items
remain to be completed:
• Prepare broken areas of bituminous base course
• Repair settled bituminous area on 212`'' Court
• Repair erosion on outlot caused by drainage
• Install wear course of bituminous paving
• Remove silt fence and other erosion protection measures
• Inspect all catch basins for sediment and clean as necessary
C. Estimated Cost
It is estimated that the costs of hiring a contractor to complete the above detailed
improvements will be as follows:
Estimated construction costs $60,000
Construction contingency (5%) 3,000
Construction overhead 10,000
Unpaid city invoices 3.000
TOTAL $76,000
D. Financing
A search of the county records indicates that of the 33 buildable lots in Windsor
Meadows Addition, 23 of them are still owned by the Lakeland Construction Finance,
LLC. It is believed that this is the company that financed the development and ended
up with the property when the developer defaulted. It is proposed to assess the
improvements to the 23 lots owned by Lakeland Construction Finance, LLC. Exhibit 2
shows the lots that axe still in the ownership of Lakeland Construction Finance.
Dividing the total estimated cost by the 231ots results in an assessment of $3,305 per lot.
E. Project Schedule
Date Process
Apri117, 2009 City Council passes Resolution 09-17 Authorizing Feasibility
Stud
August 20, 2009 City Council considers the following items:
• Resolution Accepting Feasibility Study and Ordering
Public Hearing
• Resolution Determining Cost to be Assessed and
Ordering Preparation of Assessment Roll
• Resolution Setting Date for the Assessment Hearing on
Se tember 21, 2009
September 21, 2009 City Council holds public hearing/assessment hearing. At the
close of the hearing, the City Council considers the following
resolutions:
• Resolution Ordering the Improvement (4/5 vote
required)
• Resolution Adopting Assessment Roll
• Resolution Awardin Quote for Work
September/October
2009 Construction is com leted
S:\EngineerImprovProj\2009 Improvement Projects\Windsor Meadows-TBC Final Lift\Feasibility.doc
~.
N
rt
S
D
m
N
Z
C
3
c~
~
m
X C
S
~ ~
~
~'* _
~ QUEEN ST Z
'. ~;., a mac„
~~
~ _
~n
~ ~
DEN ST a
=~ -~,
,
:,
'~
r ,.
~
o Y
N ,~
~
~ ad
y
c_'r
• S
,, Nq
O
D ~~
U
~
m
,
~ '~ ~
~
3 F
,
~
.
J
-- ~ ~
i `~
°
S
T LANDER 00 ~
ti
.
x
~ W
~
~ s DZ S
~ ~O
~
y ~
v
O
~
~ u>1~ ~Z
n
J PL N
T ~
~+ x Z
m -o
7r x
70 •o 0
~ `~
~
s
ww
.~~
co 2
s`'
Ty p-~
~'0
~
o ~
0
Z F
S
~ N
S ~~ D Nd~ lC~ E-z
00
~
~
.
. ~ 1
~ N0~
b
W
o
`4 ~3 N ~
~.;~
_ ~ ~ ~
~
-
-- ~ U
~ r
~ O
~ ~ ~ a
Q a
(r~
~ ~ ~ ~-
« LL ~~ W ~ Z ~
w
~'
' .~ P ~ ~ Z
e
.a
~
~ ~ w u
~
~~ ~ J
o rn
N
s
X
W
L
z
N
N
C~
V
~D
~~
RESOLUTION 09 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR
THE WINDWOR MEADOWS FINAL LIFT OF BITUMINOUS AND OTHER ANCILLARY
ITEMS IMPROVEMENT OF 2009
WHEREAS, by a resolution passed by the Council on August 17, 2009, the Ciry Clerk was directed to
prepare a proposed assessment roll of the cost of the Windsor Meadows Final Lift of
Bituminous and Other Ancillary Items Improvement; and
WHEREAS, the Clerk has notified the Council that such proposed assessment roll will be completed and
filed in the Clerk's office for public inspection by the appropriate time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ciry of Elk River, Minnesota:
1. A hearing shall be held on the 21st day of September, 2009, in the City Hall at 6:30 p.m. to pass upon
such proposed assessment and at such time and place all persons owning property affected by such
improvement will be given an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be
published once in the official newspaper at least two weeks prior to the hearing, and shall state in the
notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to
the owner of each parcel described in the assessment roll not less than two weeks prior to the
hearings.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to the
County Auditor, pay the whole of the assessment on such property, with interest accrued to the date
of payment, to the Ciry of Elk River, except that no interest shall be charged if the entire assessment
is paid within 30 days from the adoption of the assessment. The owner of any property may at any
time thereafter pay to the City of Elk River the entire amount of the assessment remaining unpaid,
with interest accrued to December 31ST of the year in which such payment is made. Such payment
must be made before November 15t" or interest will be charged through December 31St of the
succeeding year.
Passed and adopted this 17t" day of August, 2009.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\EngineerImprovProj\2009 Improvement Projects\Windsor Meadows-TBC Final Lift\Resolutions\Estab date Assess hearing.doc
RESOLUTION 09-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION RECEIVING THE FEASIBILITY REPORT
AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT
IN THE MATTER OF THE WINDSOR MEADOWS FINAL LIFT OF
BITUMINOUS AND OTHER ANCILLARY ITEMS IMPROVEMENT OF 2009
WHEREAS the Feasibility Report ordered by the Council in Resolution 09-17 has been prepared with
reference to the Windsor Meadows Final Lift of Bituminous and Other Ancillary Items
Improvement and was received by the City on August 17, 2009; and
WHEREAS the Feasibility Report recommends that the proposed improvement is feasible;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
1. The City Council will consider the Windsor Meadows Final Lift of Bituminous and Other Ancillary
Improvements as described in the Feasibility Report and the assessment of certain property abutting
this proposed improvement for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Section 429, at an estimated total cost for the improvement of $76,000.
2. A public hearing shall be held before the City Council on the proposed improvement on the 21St day
of September, 2009, at 6:30 o'clock p.m. at the Elk River City Hall Council Chambers.
The City Clerk shall provide two published notices (one week apart) in the official newspaper with at
least three days between the last publication date and the hearing, and mailed notice ten days to the
hearing as required by law.
Passed and adopted this 17th day of August, 2009.
Stephanie, A. Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\I/ngineerImpxovPxoj\2009 Improvement Projects\Windsor Meadows-TBC Final Lift\Resolutions\Receiv feas rept order ph.doc
RESOLUTION 09 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION DETERMINING ASSESSED COST OF
IMPROVEMENT AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT ROLL IN THE MATTER OF
WINDSOR MEADOWS FINAL LIFT OF BITUMINOUS AND OTHER
ANCILLARY ITEMS IMPROVEMENT OF 2009
WHEREAS costs have been determined for the Windsor Meadows Final Lift of Bituminous and Other
Ancillary Items Improvement consisting of a contract price of $63,000, and expenses
incurred or to be incurred by the City in the making of the improvement in the amount of
$13,000, for a total cost of the improvement of $76,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ciry of Elk River, Minnesota:
1. Based upon the Ciry Assessment Policies, it is determined that the portion of this improvement to be
paid by the City and not assessed to benefited properties is $ -0-.
2. The portion of the cost to be assessed against benefited properties pursuant to the Elk River City
Assessment Policies shall be $76,000.
3. The assessments shall be payable in equal annual installments and shall extend over a period of 5
years, the first of the installments to be payable on or before the first Monday in January, 2010, with
interest at the rate of 5.0% per annum from the date of the adoption of the assessment resolution.
4. The City Administrator with the assistance of the Project Engineer shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece, or
parcel of land, without regard to cash valuation, as provided by law, and shall have available at the
Ciry Administrator's office a copy of the proposed assessment roll for public inspection.
5. Upon completion of the proposed assessment roll, the City Administrator shall notify the Council
and schedule a public hearing upon the proposed assessment, causing notice of the hearing by
publication and mail to be made at least two weeks prior to the hearing.
Passed and adopted this 17~ day of August, 2009.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\EngineerImprovProj\2009 Improvement Projects\Windsor Meadows-TBC Final Lift\Resolutions\Determ assessed cost.doc