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~~ <br />Elk REQUEST FOR ACTION <br />River <br />To Item Number <br />Ma or and Ci Council 7.2. <br />Agenda Section Meeting Date Prepared by <br />Public Works Aril 20, 2009 Te Maurer, Public Works Director <br />Item Description Reviewed by <br />Consider Initiating 429 Assessment Process for Completion of Lori ohnson, Ci Administrator <br />Trott Brook Crossing and Windsor Meadows Developer Reviewed by <br />Projects <br />Action Requested <br />Adoption of the two attached resolutions ordering the preliminary feasibility report for <br />completion of the developer improvements in Trott Brook Crossing and Windsor Meadows. <br />Since these would be considered City-initiated improvements, the resolutions require a super <br />majority (4/5) of the Council to adopt them. <br />Background/Discussion <br />Trott Brook Crossing is a subdivision of multi-family and single-family lots located east of Twin <br />Lakes Road and south of CSAH 12 that has gone for several years without the developer <br />completing the final lift of bituminous surfacing and other minor punch list items. Windsor <br />Meadows is a cluster development west of CSAH 1 and south of County Road 33, which is in a <br />similar state of non-completion. Attached are exhibits showing each of these developments. <br />Both of these developments have had the letters of credit lapse, and currently the City has no <br />security to force the developer, or in the case of Windsor Meadows, the bank, to complete the <br />project. City Attorney Peter Beck has researched the issue and has suggested that the City could <br />undertake a 429 assessment project on each of these developments to complete the final lifts of <br />blacktop and other minor punch list work. The assessment of this work would be levied against <br />lots that are still in the developer's name. No assessment would be levied against lots that are <br />currently built on or not owned by the developer. <br />Financial Impact <br />The financial risk to the City using this approach would be that the lots that the assessment would <br />be levied against would go tax forfeit and the assessment would not be paid. However, staff has <br />had numerous meetings over the past several months to discuss these types of issues, and with <br />these two projects, this seems to be the best approach to getting the improvements completed. <br />Attachments <br />^ Exhibits of the two developments <br />^ Resolutions <br />Action Motion by Second by Vote <br />Follow Up <br />S:\EngineerImprovProj\2009 Improvement Projects\Windsor Meadows-TBC Final Lift\04 20 09 cc memo.doc <br />