HomeMy WebLinkAbout9B - Maple Hill Second Addition
DATE:
AGENDA #:
PREPARED BY:
SUBJECT:
JANUARY 19, 1999
9B
SUE MCDERMOTT, ASSISTANT CITY ENGINEER
CONSIDER APPROVAL OF RESOLUTION 99-XX
REIMBURSING THE DEVELOPER OF MAPLE IDLL SECOND
ADDITION FOR CERTAIN COSTS UNDER THE DEVELOPER'S
AGREEMENT
DISCUSSION:
HISTORY
On January 5, 1998, Terra Engineering submitted the attached letter
requesting the City amend the Development Contract for Maple Hill
Second Addition, and reimburse the developer for costs related to pond
excavation. Prior to May 18, 1998 when the assessment policy was
revised, the City's policy was to reimburse Developers for storm sewer
improvements, including pond excavation and landscaping around
ponds. The Developer is also requesting reimbursement for
development fees based on revised site area calculations. Finally,
additional storm sewer was installed per a request by City Engineering
staff for which the Developer is requesting compensation.
The preliminary plat for Maple Hill Second Addition was approved by
the Council on March 3, 1997. In August 1997, prior to the approval of
the final plat, the developer applied for and received an excavating and
filling permit to begin grading, which included pond excavation, on this
site. The Subdivision Ordinance allows the City to issue a grading
permit once the preliminary plat has been approved. A deposit in the
amount of $1,500.00 per disturbed acre was submitted with the permit
application to guarantee the grading work and restoration. The grading
costs were not included in the Development Contract.
The final plat and Development Contract for Maple Hill Second
Addition were approved by the City Council on September 2, 1997.
Prior to approval by the Council, the developer reviewed and signed the
Development Contract which included a listing of all the required fees
and reimbursements, as well as the terms of the contract and provided
the City with the required letter of credit and fees. The Developer
recorded the final plat.
On February 17, 1998, the Council considered the January 5, 1998
request to approve an amendment to the Development Contract for
162eo.dEaglell~lm'flUe. S.E., Prior Lake, Minnesota 553?2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Maple Hill Second Addition which would have provided the developer
with reimbursement for certain fees in accordance with a request he
made. The City Council denied the request for an amendment to the
Development Contract and request for reimbursement.
CURRENT CIRCUMSTANCES
On October 21, 1998 at the Mayor's request, the City staff met with Jim
Allen and Peter Knaeble, the developers of Maple Hill Second Addition
to again review the request for reimbursement. Frank Boyles, Greg
Ilkka, Mayor Mader, Don Rye, Jane Kansier, and Sue McDermott,
representing the City, and Jim Allen and Peter Knaeble, the Developers,
participated in the meeting. At that meeting the discussion primarily
focused on the difference in language between the contract for the Maple
Hill Second development and that for the Knob Hill Second
development. Attached are Paragraph 36 relating to responsibility for
costs from each contract. The contract for Maple Hill Second states
"...there will not be any reimbursement to the City by the Developer or
to the developer by the City for City Administration or Construction
Observation Fees." The Knob Hill Second contract states "Once the
City Engineer approves the construction costs or estimates, there will
not be any reimbursement to the City by the Developer or by the
developer to the City for "Other Costs" as set forth herein." Storm
sewer improvements and oversizing costs are considered "Other Costs."
The Engineering staff has recalculated the storm sewer and pond
excavation costs by comparing what was actually installed to what was
proposed in the Development Contract (see attached spreadsheet). The'
difference is $20,179.51 which is less than the $23,878.71 originally
requested by the Developer. This is due to a field change to substitute
some of the reinforced concrete pipe with high density polyethylene pipe
which is cheaper. In addition, the Developer also requested
reimbursement for mobilization, silt fence, and clearing and grubbing
which are not reimbursable costs.
The Developer is also requesting reimbursement of $7,592.05 for
development fees due to the acreage used in the contract versus actual
area. This discrepancy was due to the fact that staff used numbers
provided by the Developer's engineer with the preliminary plat. The
areas were subsequently revised with the final plat design. Staff was not
provided with the revised figures prior to final plat approval. Staff has
reviewed the request and determined the actual difference should be
$6,696.35 since the park dedication fee is calculated using gross area,
not net area as assumed by the Developer.
In summary, the total proposed reimbursement for pond excavation and
development fees is by the Developer is $31,470.76. Based upon our
analysis the reimbursement should be $26,875.86.
G:\AGENDA98\MH2POND,DOC
2
ISSUES:
The issue involved in this request is the language in Paragraph 36 of the
Development Contract for Maple Hill Second Addition. Based on this
paragraph, the Developer signed the contract believing revisions could
be made after the contract was signed.
FINANCIAL IMPACT:
If the Council approves the reimbursement, the $26,875.86 would be
paid by Trunk Reserve funds.
ALTERNATIVES:
The alternatives are as follows:
1. Approve Resolution 99-XX approving reimbursement to Maple Hill
Company, LLC in the amount of $26,875.86 for pond excavation
costs and development fees.
2. Table this item for a specific reason.
3. Deny Resolution 99-XX.
RECOMMENDED MOTION:
Staff recommends, at a minimum, approval of the additional
storm sewer costs incurred by the Developer as a result of a
request by staff. The reimbursement for pond excavation and
development fees is as directed by Council.
G:IAGENDA98\MH2POND.DOC
3
RESOLUTION 99-XX
",'I'-
o
LUTION REIMBURSING THE DEVELOPER OF MAPLE HILL SECOND
ADDITION FOR CERTAIN COSTS UNDER THE DEVELOPER'S AGREEMENT
MOTION BY:
SECOND BY:
WHEREAS,
it was the City of Prior Lake's policy prior to May 18, 1998 to
reimburse Developers for the cost of storm sewer and pond excavation
which were not compensated in full in Development Contract between
Maple Hill Company, LLC and the City of Prior Lake; and
WHEREAS,
the areas used to calculate the development fees were incorrect; and
WHEREAS,
the City directed the Developer to install additional storm sewer which
was a reimbursable item;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
that Maple Hill Company, LLC be reimbursed in the amount of $26,875.86 for additional storm
sewer, pond excavation and development fees.
Passed and adopted this 19th
day of January , 1999.
YES NO
Kedrowski Kedrowski
Mader Mader
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
{Seal} City Manager
City of Prior Lake
162002lO?JgkroCreek Ave, S.E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Sheet1
ENGINEER ESTIMA TE I
I -
PROJECT: MAPLE HILL SECOND ADDITION
OWNER: CITY OF PRIOR LAKE, MINNESOTA -
DA TE: Nov-98 I
I
.ala......
STORM SEWER
1 1 2" HOPE PIPE LF 353 1 9.60 6,91 8.80
2 1 2" RCP (CL.5) LF 796 21 ,1 0 1 6,795.60
3 1 5" RCP (CL. 5) LF 589 22. 1 0 1 3,01 6.90
4 1 8" HOPE PIPE LF 1 34 23.60 3,1 62.40
5 1 8" RCP (CL 5) LF 31 25.1 0 778.1 0
6 2' X 3' CATCH BASIN EA 1 81 0.00 81 0.00
7 STD. CATCH BASIN (4' DIA) (0-1 0') EA 1 5 1 ,020,00 1 5,300.00
8 SUMP CATCH BASIN (4' DIA) EA 1 1 ,500.00 1 ,500.00
9 POND CONTROL STRUCTURE (4' DIA) EA 1 2,650.00 2,650,00
1 0 1 8" RCP FLARED END, WI RIPRAP & TRASH GUARD EA 1 51 0.00 51 0.00
1 1 ADJUST CATCH BASINS LS 1 1 ,939.96 1 ,939.96
STORM SEWER - TOTAL 63,381 .76
POND GRADING
1 POND EXCAVATION CY 8295 1 .25 1 0,368,75
2 TOPSOIL RESPREAD CY 775 0.60 465,00
3 SEEDING AC 0.96 500.00 480.00
POND GRADING - TOTAL 1 1 ,31 3.75
TOTAL 74,695.51
PROPOSED CREDIT
ACTUAL STORM SEWER COST wI pond 74,695.51
DEVELOPMENT CONTRACT PAYMENT (54,51 6.00)
TOTAL 20,179.51
DEVELOPMENT FEE DIFFERENCE 6,696.35
TOTAL PROPOSED REIMBURSEMENT 26,875.86
Page 1
TERRA ENGINEERING, INC.
CIVIL ENGINEERING . LAND PLANNING. CpN8UL TING
6001 Glenwood Ave.
Minneapolis, Minneso!a 55422
(phone/fax) 593-9325
January 5, 1998
Don Rye
Planning Director
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN 55372,
Re: Amendment to Development Contract
Maple Bill 2nd Addition
Prior Lake, MN
Dear Mr. Rye:
This letter is our request to the City to amend the development contract for ourproject,
Maple Hill'2nd Addition~ The amendment is required to rectifY an oversight that occurred
when the City calculated the developmentfees and the storm sewer credit amounts forthis
project.
When the City calculated the development fees for this project, they inadvertently used .
'preliminary out":dated site areas. The final correct site areas, per Valley Surveying, and
the revised development fees, are shown on the attached calculation sheet dated 9/9/97.
This calculation sheet shows that the development fees were overcharged by $7592.05.
The sto'rm sewer credit amount for this project, per the development contract, also .
inadvertently did not include the pond construction cost, which is a reimbursable st.orm
sewer credit expense. Prior Lakes assessment policy relative to storm sewer'
improvements, requires the developer to pay atrunk storm sewer area charge based on the
net square footage of the project. The City then reimburses the developer for the actual
, cost of constructing the storm sewer and pond system. Per City policy, stoim sewer
system costs which are eligible for reimbursement include "catch basins, manholes,
conduit, pond excavation, control structures, and landscaping around water quality .
treatment ponds." .
Based on actual stonn sewer and pond construction costs (per attachedS, R. Weidema
Inc. and S.D.S.' Inc. contracts)~ the actual storm sewer credit amount is calculated to be
. $78,394.71 (see attached 1/5/98 calculation sheet). The Galculation sheet shows that the
additional storm sewer credit due to the developer is $23,878. 71.
TERRA ENGINEERING, I~C.,
CIVIL ENGINEERING . LAND PLANNING . CONSULTING
. .,
6001 Glenwood Ave.
Minneapolis, Minnesota 55422'
(phone/faxf 593.9325
CITY STORM CREDIT CALCULATIONS
MAPLE HILL 2ND ADD. (Prior Lake, MN)
1/5/98
By: PeterJ. Knaeble, P.E.
'ITEM
NO.
DESCRIPTION
STORM SEWER (Per S. R. Weidema Contract)
. C1 12" RCP (CI. 5)
C2 15" RCP (CI. 5)
C3 18" RCP (CI. 5)
C4 2'X3"CATCHBASIN
C5 STD. CATCH BASIN MH (4' dia.) (0-101
C5 SUMP CATCH BASINMH (4'dia.)
C5 POND CONTROL STRUCTURE MH (4' dia.)
C6 18"RCP FLARED END, WI RIPRAP & TRASHGD.
C7 MOBILIZATION
*** EXTRA SERVICE (11/6/97 CHANGE ORDER)
TOTAL STORM SEWER
POND GRADING (PerSDS Inc. Contract)
A 1 CLEAR & GRUB
A2 COMMON EXCAVATION
A4 TOPSOIL RESPREAD
AS SEEDING
A6. SILT FENCE
TOTAL POND GRADING
TOTAL ACTUAL STORM CREDIT AMOUNT
CONTRACT
ACTUAL . UNIT.
UNIT QUANTITY PRICE ($) AMNT. ($)
LF
LF
LF
, EA
EA
EA
EA
EA
LS
LS
LS
CY
CY
AC
LF
CITY STORM CREDIT PER DEVELOPERS AGREEMENT
DIFFERENCE OWED TO OWNER
1,079
652
165
1
15
1
1
1
1
1
0.15
8,295
775
0.96
280
$21.10
$22;10
$25.10
. .$81 0.00 .
$1,020.00
$1,500.00
$2,650.00
$510.00
$740.00
$1,133,36
$18,000.00
$1.25
$0.60
$500.00
$1.50
$22,766.90
$14,409.20
$4,141.50
$816.00
$15,300.00
$1,500.00
$2,650.00
$510.00
, $740.00
$1.133.36
, $63,960.96
-$2;--100:00'-
$10,368.75
$465.00 '
$480.00
S42(tOO
$14,433.75 "
,$78,394.71
$54,516.00
$23,878.71
We appreciate your prompt response to this matter. If you have any questions, please call
me at 593-9325.
Sincerely,
ffJru 1. i~~t
Peter J. Knaeble
cc: Jim Allen
David Brown
;L..!-'~ ( I ur... "-'oL. A'"""" . ~"--,,. -"1'
MAPLE HILL 2ND ADD. (prior L~kcJ MN)
7/21/97
PROPOSAL FORM
SITE GRADING WORK
ITEM
N9~
~.cBlE.IJQN
illill
CLEAR & GRUB (lnel. demolition and disposa\)*~ LS
COMMON EXC/\VATION (plan quantity) . '*
SUBGRADE CORRECTION (actual quantity)
(below 15t l' of topsoil)
A4 TOPSOIL RESPRE:.AD (plan Quantity)
AS SE.EDING (w/ topsoil, fert.. mulch)
A6 SILT FENCE
A7 THEE FE.NCING (plastic snow fence)
A8 SLOPE NETTING (excl. seed & mulch)
;\1
, A2
A3
Cy
CY
TOT AL AMOUNT
. Based on SO' house pads, except 40' padS
on Lots 7-8. Block 2.
UNIT
.o..uAtlTlIY ~S1
1 Jj,N'D 19
25,700 \. ZlS
15;000 \ . 3':J
cY
AC
LF
LF
SY
5,740 ' !.DC)
8 'S(X) ,
800 f . '5 ()
3,200 ;;l.QO
2.200 .00
It is understooq by the undersioned that the right is reseNl~d by the Ownor to reject any
or all bids, and to waive irregularities and formalities in orderto seNe the best interests
o( tM Owner. This bid may not M withdrawn for 30 days.
AM.Q.UHIJ S)
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If this bid is accepted. the undersigned agre€:s to promptly furnish a performance bond, Insurance
certificate, and a one year guarantee bond in the full amount or the Contract Award. and to execute
the Contract within five days of the Contract Award. and further agre0s that if awarded
a contract fOf construction, the work will start by 8/4/97 and will be completed by 8/25/97.
Failure to complete the work by said date will resull in a daily liquidated damages charoc
or $200/calendar day.
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Bidder is
(Partnership) (Individual)
fIRM:
ADDRESS:
PHONE:
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BY:
TITLE:
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TERRA ENGINEERING, INC.
CIVIL ENGINEERING. LAND PLANNING . CONSULTING
6001 Glenwood Ave.
Minneapolis, MinnesQta 55422
(phone/fax) 593-9325
MAPLE HILL 2ND ADDITION
CITY DEVELOPMENT FEES
9/9/97
. Areas per Valley Surveying: .
Total site area (sf) ,
Pond area (sf)
Street right-of-way area (sf)
Outlot A (City trail/park) (sf)
481,380 11.051 ac.
17',156
73,650
2,210
CITY DEVELOPMENT FEES:
City Admin. Fee (6%)
Per City Per Owner
$9,607.62 $9,607.62
$9,607.62 $9,607.62
$68,482.00, $65,245.15
City Canst. Observation Fee (6%)
Trunk stonn Sewer Area Charges ($O.168/sf)
(excl. pond, rlw, Outlot A)
Sanitary Sewer & Watennain Trunk Area Charges ($3500/ac.)
(excl. pond, rlw' Outlot A)
$32,760.00 $31,204.64
street Collector Fees ($1500/ac.)
(excl. pond, rlw, Outlot A)
$14,040.00 $13,373.42
Park Dedication Fee ($13,OOO/ac. * 10%)
(excl. pond, Outlot A)
(credit for Outlot A @ $13,OOO/ac.)
,Lateral Sewer and Water Charges, ($60 * 150 front feet) ,
TOTAL CITY DEVELOPMENT FEES
$15,262.00 $13,128.75
Difference
$9.000.00 $9.000.00 '
$158,759.24 $151,167.19
$7,592.05
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c~::,,:~::~~~:'~~-----t~!! -~;~::~~:=_:~:.::
f---I i
SANJ' ~~Y SEWER I
2 ~. I've SEWER S[)R 35 ,12' W/SAND Lm' 1470.00
-, 3 ~"PVC SEWER SDR35 12'.14' W'SAN LF 190,00
~.~'~~VC SEWER SDIU5 1-1'.16' IV/SAN LF I 105,00
L 5 ~"X -I' SERVICE WYE EA 28.00
I 6 -I' I'VC SDR 2(, SERIVCE PIPE W'SA LF 1147.00
l. 7MJ-IO,ICY lEA 10.00
I ~EXTRADEI'THMH:,J(Y LF 12,00
r-.i'k~-jNNT(') EXIST EA 2.00
,--'-1----' ---
1-------1--
r.,---,L--.--.-- ,--, $44,871,10_
~~!~:D.l~~!-'~LN..--,------__ -.- _'~_ ___~
L-_~~I~:~I:~~~M{~L"3~.-:..., . , . . .F. .. 1-3-9QOO . .,. . 'H.lD-'. -$-~_~.:...~
plli~~:~lj~!..,~~~~~,J(~I~L~l~~-~~.t-1-~~~:~L~~}} --H~~1.i;K
!=~W,~~~~~I~~l""'---- I~t ~l~t-- ~H~- - $1$:~i~~gj
1 '-, ,(." SADDLES -----rEA h 4.00 45.00 $180,00
!~~=~~:0i~KSERIVi'il'1I'I~TYPE-Krl.F--, 1147,OO---t~6~ __-1~..!.~27:~~
l-.!2.J~IYl~I0NT W/(;V & [lox.. lEA I 5,00 I 1870.00 ! $9,350,00
I---!-s I~' GV & FlOX r::..A I 3."0__0 540.00'-$1:'6-20-:-60
I '9k:ONN TO EXISTING EA 2.00 420,06 -$'840-:-00
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r=~~) cn MH 4' DIA 0,10'
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L~~m ('ONTR0- STRUCllJRE I\IlH
~_2!fE RCf' FLARED !'iND WIRIPRAI'
~I ~!:.R.~.JTS ._____
_~,gl1[lGRADE PREP
2~,2.nl 41A WEARCOlJRSE \.5'
[-Jl)i'iAc~ COAT
~.-:1~~~31 311iJlASE COURSE 2.5" ,
~..:g, (:1. 5.!-:!.ASE 3138 I~)% CRIJSH 6"
H. 3 AD)U.,ST (,;y [lOX
3-1 AD) ell CASTING
135 ADJ MH CASTING
~ ~:O~CRETE C~I~1 ~(~~'AHLE
37 ) (ONe SDWK 4 \VA A(,Q BASE
l~- -
1~1.f,l0'D SEED & M.ln.CH
,'9 PERM BARRICADE
.~ '. '\E.IZ..C- ~ '2:.\...lG:,,~':::::IS<2.-\~(, . ,..L~c....
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r~~f~l JIILL~Nll ADDITION
~~}ii LAKE, MN
AU(als'!' 19'J7
-:::1
I
--r
t4~~-
l=--L__
$2,000,00
$44,871.10
$50,992.02
$55,916.00
$68,891.42
- $222,670,54
LF 890,00 i
LF 655---:-60
LF 165.00
EA 2.00
EA 12,00
~~OO
E~L--JJlO
EA I 1,00
12.55
13.65
15.05
15,95
6,95
1220.00
77.55
350.00
$18,448,50
. '------c-
$2,593.50
$1,580.25
$446,66
$7,971,65
$12,200,00
,_--'--:::7-
$932~
$700.00
I
I
21.10 $18,779,o(f
22,10 $14.475'.50
~5:i(f $4-;141~5(f
810,00 $1,620.00
~~~~~I $~(~fu~
- 2656:'601 $2,650.00
-510-:-60 $516~oo
$50,992.02,
I $55,916.00
--1------ --d =-d
S..~~6..0,OO 0,70 $3,752,00
Sy I 4~~?.:.9.Q.t--~:9.? $8~~TO
!(;~.. 2_~~.00 I 1,631 $366.75
SY 4255,00 2.94 $12~~;r09-:7iJ
SY- 5'215-:-60 2-:-53 ----sT3-;1-93.95
EA -2.'00 145']6 $'291:72-
EA 11.00 40,80 $448.80
EA 8,00 190,74 -$1;525-:9'2
LF 2570])0 6.32 $16--;-242.40
SF 5900.00 1,89 $11,151,06
AC 0,60 856.8'6 $514.08
EA 1-:00 -30'0'])0 _$..3.00,~
MOBILI~!'l -$68,891.42
SANITARY SEWER
WATERM(..IN
STORM S WER
STREETS
I
TOTAL 0 BID I FINAL
S.R. ~"'-\O ~M~ .-..L~~.
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