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Home My WebLink About8B Maple Glen 2nd Improvements~~~...-_PR jO ~ ~ .`~~. /~ ~~ 4646 Dakota Street S.E. U T ~ Prior Lake, NN 55372-1714 ~, CITY COUNCIL AGENDA REPORT `~rrMvESO'~P MEETING DATE: JANU4RY 20, 2009 AGENDA #: 8B PREPARED BY: STEVI: ALBRECHT, DIRECTOR OF PUBLIC WORKS AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION ORDERING THE MAPLE GLEN 2ND ADDITION PROJECT AND PREPE4RATION OF PLANS AND SPECIFICATIONS DISCUSSION: Introduction The purpose of this agenda item is to hold the Public Hearing to consider appro~~~al of a resolution ordering the Maple Glen 2"d Addition improvements projeci: and the preparation of plans and specifications. A super majority (4/5) is needed to approve the resolution. Histonr On December 1, 2008, Council adopted Resolution 08-152 ordering the preparation of a Feasibility Report for Maple Glen 2"d. The Minnesota Statutes Chapt~;r 429 process is required because the City Council intends to specially asses:. a portion of the project. The recommendation of the Feasibility Report was to proceed with this project. On D~:cember 15, 2008, Council adopted Resolution 08-156 accepting the Feasibility Report and calling for a Public Hearing on January 20, 2009 for the Maple Glen 2"d Improvement Project. Current Circumstances The Public Hearing will cover the installation of the final wear course, landscaping and appurtenant work on Sunray Blvd., Turner Dr., Thorton Dr., Grist Ct., Sunray Ct. an~i Reed Way. As part of the Amendment to the Development Contract for Maple Glen 2"d Addition, the Developer agreed to a special assessment on the 23 lots it owns. Notice has been provided to the Developer for each lot in accordance with the statute regarding tonight's Public Hearing. As part of the approved Amendment to the Development Contract the Developer waived the right to appeal the assessment to these lots. Conclusion City Staff is prepared to discuss each of the concerns presented at the Public Hearing. If, in the Council's judgment, the issues should be addressed in the plans ~~nd specifications, direction could be given to staff. ISSUES: Appro~~al of a resolution ordering preparation of plans and specifications does not commit the City to complete the improvements. Several steps in the process remain before the City is committed to proceed. Assessment Maa www. cityofpriorlake. com Phone 952 X47.9800 /Fax 952.447.4245 The Assessment Review Committee recommends assessing the remaining 23 lots owned by the Developer. The properties as shown on the assessment map. Assessment Method The Assessment Review Committee recommends the unit method of assessment for the Maple Glen 2"d Addition for the 23 Developer owned lots. The estimated assessment rate is proposed at $12,616/unit. Assessment Term Typically the City assesses road improvements over a 10 year term. Because of the nature of this project and the petition by the Developer the Assessment Review Committee recommends that the assessment term be one year for this project. As part of the project assessment hearing which will be held prior to authorization to complete the improvements a comprehensive evaluation of scenarios related to lot foreclosure will be completed to evaluate any potential impacts to the City. Conclusion In summary, the project is feasible from an engineering and economic standpoint. The Developer has petitioned for the improvements and has waived their right to appeal in accordance with amendment No. 1 to the Maple Glen 2"d Addition Development Contract. Authorization for preparation of plans and specifications does not grant final approval of the project. FINANCIAL The Maple Glen 2"d Addition Project is proposed to be financed by special IMPACT: assessments. The total project cost is estimated to be $290,158. The proposed assessment rate for the project is $12,616/unit. Holding the public hearing and approval of preparation of the plans and specifications is a necessary step in the Chapter 429 Assessment process, but does not obligate the City to proceed with completion of the improvements. Based on the current economic conditions staff will include an analysis of issues related to assessments as part of the assessment hearing prior to the City proceeding with the improvements. The City currently has in escrow approximately $40,000 from the Developer for Maple Glen 2"d Addition to cover City costs related to preparation of the project plans ~~nd specifications. ALTERNATIVES: The ali:ernatives are as follows: 1. Conduct the Public Hearing and approve a Glen 2"d Addition Project and authorizes sp~;cifications. Z. Table the Resolution for a specific reason. 3. Deny the Resolution. RECOMMENDED Altern~itiv~ No. 1 MOTION: /1 Reviewed Frank Boyles, City resolution that orders the Maple City staff to prepare plans and ~ ~ . ~~.. -PRIp~ `~ ~ ~ y'~ 4646 Dakota Street S.E. `~ U ~, ~ ,, ~ ~ Prior Lake, NfN 55372 1714 :~t ~~~IrvivESOZP . RESOLUTION 08-xxx ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR MAPLE GLEN 2"D ADDITION Motion By: Second By: WHEREAS, The Develc>per for Maple Glen 2"d Addition is unable to complete certain Developer Installed Irriprovements provided for in the Development Contract; and WHEREAS, The completion of the public improvements is necessary to protect the tax base and economic investment and the welfare of the residents who purchased lots and have had homes constructed in Maple Glen 2"d Addition; and WHEREAS, Recognizing the importance of completing the public improvements in order to protect the tax base and economic investment and welfare of residents who currently li~~e in the Maple Glen 2"d Addition, the Developer requested the City complete the public improvements; and WHEREAS, To facilitate the completion of the public improvements the City and Developer entered into Amendment No. 1 to the Development Contract for Maple Glen 2"d Addition; and WHEREAS, On December 15, 2008, the City Council adopted Resolution 08-152 accepting the Feasibility Deport and calling for a Public Hearing to be held on the Maple Glen 2"d Addition public improvements which includes the final paving, landscaping and appurtenant work; and WHEREAS, Ten days mailed notice and two weeks published notice of the public hearing was provided a:> required by statute, and the public hearing was held on the 20th day of January, 2()09, at which time all persons desiring to be heard were given an opportunity to be heard; and WHEREAS, A public improvement project is initiated by the City Council must be approved by 4/5ths vote in accordance with Minnesota Statutes 429.031 Subdivision 1(f). NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE MINNESOTA as follovvs: 1. The recitals set forth ~ibove are incorporated herein. 2. The City Engineer is hereby authorized to prepare plans and specifications for the improvements delineated in City Council Resolution 08-152 adopted December 15, 2008 and by the required statutory 4/5ths vote noes hereby order the project. u~vw. cityof priorlake. com Phone 952.447.9800 /Fax 952.447.4245 3. The City Engineer is hereby designated as the Engineer for these improvements. The Engineer shall prepare plans and specifications for the making of such improvements. PASSED AND ADOPTED THIS 20TH DAY OF JANUARY 2009. YES NO Hau en Hau en Erickson Erickson Hedber Hedber LeMair LeMair Millar Millar Frank Boyles, City Manager R:\Council\2009 Agenda Reports\01 20 09\Maple Glen 2nd ph resolution.doc