HomeMy WebLinkAbout2.B. Engineering and Public Infrastructure Installation ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Work Session Date: February 11, 2014
AGENDA ITEM: Engineering and Public Infrastructure AGENDA SECTION:
Installation Discussion
PREPARED BY: Dwight Johnson, City Administrator AGENDA NO
Kim Lindquist, Community Development
Director �i• j,
ATTACHMENTS: Draft Policy; Minutes from Council Special APPROVED BY:
Worksession 11-19-13; Preliminary
Development Schedule
RECOMMENDED ACTION: Discussion Item
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ISSUE
At the November 19,2013 City Council worksession, the Council discussed engineering and installation of
public improvements for private development. There were several options reviewed;public engineering and
private installation,public engineering and public installation, and private engineering and private
installation.After discussion about the pros and cons of each option, the Council determined that they
wanted to be flexible to assist developers but did not want to compromise the quality of the City's public
infrastructure. Staff was directed to provide a draft policy that would be similar to the Woodbury policy for
engineering and infrastructure. The policy attached has engineering for all public infrastructure to be
conducted by the City. Installation of public infrastructure can be undertaken by the developer's agent, so
long as certain conditions enumerated in the policy are met.
HISTORY
On July 2, 1996, the City Council approved a resolution adopting a public infrastructure installation policy
relating to engineering and installation of public improvements. The policy clarified that"it is in the best
interest of the City that all new streets and utilities added to the public system shall be designed and
inspected by engineers employed by the City."There were five reasons for adopting the policy:
1. To ensure consistency and compatibility with the City's existing utility system.
2. To ensure consistency and compatibility with the City's Comprehensive Plan,including the Storm
water Management Plan, the Sanitary Sewer Plan, the Potable Water System Plan, the
Transportation Plan and its Wetland Management Plan.
3. To ensure maximum control by the City of system components that will ultimately be operated,
maintained and reconstructed by the City.
4. To ensure quality construction acceptable to the City Standards.
5. To ensure that the City's tax dollars are not spent in educating numerous design personnel about
City ordinances, standards and procedures.
On May 12, 2010, the City Council discussed a request by Warren Israelson to allow hire to engineer and
install infrastructure in the community,which would be inconsistent with the adopted public infrastructure
policy. After discussion with the Council,it was determined that the City would not vary from the policy but
would have staff work with Mr. Israelson to determine correct cost estimates and sureties.
DISCUSSION
At the November worksession, Council directed staff to draft a policy modification that would allow
flexibility for private construction of public infrastructure. Modeled after the Woodbury policy, staff has
provided draft language for the Council's review. This policy amendment would should be adopted and
integrated into the current resolution on file pertaining to infrastructure installation.Additionally,if the
Council would like to move forward, staff would work with the City Attorney to modify the standard
development agreement and what the proper form would be for financial securities. Before embarking on
the change, staff wants to ensure both planning and engineering understand the roles and responsibilities so
we can properly convey the new process to developers.
RECOMMENDATION
Provide feedback regarding draft policy. After any additional modifications, staff will bring the item to the
Council for formal action.
2
ROSEMOUNT DRAFT PUBLIC INFRASTRUCTURE POLICY
Design, Construction and Construction Administration
The design, construction and construction administration of public infrastructure necessary
to serve new residential developments shall be completed as follows:
A. Design. All public infrastructure improvements shall be designed by the City, either by
City staff or its consultant(s),under the direct supervision of the City Engineer. Private
design of public infrastructure improvements results in costly and duplicated review
effort by the City with no corresponding benefit and lack of continuity if the design
engineer changes during the project.
B. Construction. Public infrastructure shall usually be constructed by the City through
public bid and construction practices. However, at the City Administrator's sole
discretion, developer(s) may be allowed to contract privately for the construction of
public infrastructure improvements necessary to serve their development. Upon request,
the City Administrator will evaluate a project's eligibility for private construction based
on criteria that include but are not limited to:
• Financial wherewithal of the developer to adequately secure the project and of
the institution providing the security on the developer's behalf.
• Type of security provided (i.e., letter of credit, cash escrow, third party
agreement, etc.).
• Developer's and/or contractor's prior experience and proven ability to
successfully complete a similar project in Rosemount and/or other community
including reference checks if necessary.
• Ability to provide 2-year warranty bond.
• Necessity of incorporating other benefitted properties into public improvement
plans.
• Evaluation of the overall development plan.
• Size and phasing of the proposed development.
• Other City-related issues.
All terms and conditions under which the City would allow private construction will be
memorialized in a Developers Agreement. Approval for developer-constructed
infrastructure improvements for one development addition will not automatically grant
the developer the right to complete future additions on that basis. Each addition will be
evaluated independently based on satisfactory completion of the work, compliance with
the Developers Agreement and criteria set forth within this policy. The City reserves the
right to require all public improvements to be constructed publicly. If public trunk
utilities are constructed privately, the area charge credit will not exceed the area charges
for the Preliminary Plat or Planned Unit Development.
C. Construction Administration. Construction administration for all public infrastructure
improvements,including those constructed under private contract, shall be performed
by City staff and/or consultant(s) under the direct supervision of the City Engineer.
Construction administration includes but is not limited to inspection, documentation,
pay requests, as-builts, surveying, field staking, testing and monitoring.
' CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
I i •
RESOLUTION 1996 -
' A RESOLUTION ADOPTING AN
IMPROVEMENT POLICY FOR
PUBLIC INFRASTRUCTURE INSTALLATION
• i
WHEREAS, it is the City's responsibility to provide and ensure the public health, safety and welfare
through the City's infrastructure including the sanitary sewer system, potable water system, storm
water drainage system, transportation systems and related appurtenances. These facilities are owned,
operated, maintained and ultimately reconstructed by the City which has enormous amounts of money
invested in these systems. Because of these financial obligations it is important for the City to clarify
the City's policy towards constructing new public improvements in developments, and
WHEREAS, It is the policy of the City Council of the City of Rosemount that it is in the best interest
of the City that all new streets and utilities added to the public system shall be designed and inspected
by engineers employed by the City, hereinafter referred to as the "City Engineer", for the following
reasons:
1. To ensure consistency and compatibility with the City's existing utility system.
2. To ensure consistency and compatibility with the City's Comprehensive Plan, including
the Storm Water Management Plan,the Sanitary Sewer Plan, the Potable Water System
Plan, the Transportation Plan and its Wetland Management Plan.
3. To ensure maximum control by the City of system components that will ultimately be
operated, maintained and reconstructed by the City.
4. To ensure quality construction acceptable to City Standards.
5. To ensure that the-City's tax dollars are not spent in educating numerous design
personnel about City ordinances, standards and procedures.
WHEREAS, all plans and specifications for improvements will be prepared by the City Engineer or the
Consultant designated by the City Engineer and there will be two options for which the developer and
City Council may choose for actual construction of the improvements, which are listed within the
policy.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Rosemount adopts the
IMPROVEMENT POLICY FOR PUBLIC INFRASTRUCTURE INSTALLATION".
ADOPTED this 2nd day of July, 1996.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: . Second by:
li
Voted in favor:
Voted against:
ROSEMOUNT CITY COUNCIL
SPECIAL WORK SESSION PROCEEDINGS
NOVEMBER 19, 2013
2.B. Engineering and Public Infrastructure Installation
City Administrator Johnson provided a summary of the staff report. He also provided his
interpretation of a meeting that Mayor Droste had with a sales representative for Lennar. The
representative claimed that the City caused delays in selling homes.Mr.Johnson stated that staff
documented the approvals process with the developer and third party issues as provided in the
packet.Mr.Johnson explained that the conversation with the sales representative lead to the
question of whether the City should engineer projects or allow for private installation.
Mr. Johnson also noted that staff has found a way to speed up the development process
approximately two weeks. In the future,all bid openings that occur on Fridays will be added to the
next Council meeting agenda for consideration.Council Member DeBettignies stated he was happy
to see the process change as two weeks is valuable to developers.
Mayor Droste provided information on the engineering and installation processes in Inver Grove
Heights.He stated that in Inver Grove Heights the lowest bidder gets the project.City Attorney
LeFevere noted that they use the lowest responsible bidder. Mayor Droste also provided
information on the conversation with the sales representative from Lennar Homes.
Community Development Director Lindquist explained that the delays in the process were due to utility work
based upon a third party.Director of Public Works/City Engineer Brotzler added that the two
month delay for Lennar's project may have been longer if city staff was not involved in the process
as the project lead.City staff lead the resolution of property issues between Lennar and Arcon that
was necessary to advance the project.
Council Member Shoe-Corrigan stated she wanted to maintain the quality of work within the City.
She stated she could support a hybrid method if it's feasible to offer on projects. Council Member
Weisensel stated the City could have a design manual. Mr. Brotzler noted that the reality is that even
with a design manual for private developer engineers to follow,you still often do not receive plans
that meet city standards. This was noted as an issue that led the City of Woodbury to bring the
design of development projects back into the city. He stated that the Woodbury model has the city
design the project but allows for the developer to hire their own contractors with city permission.
Ms. Lindquist stated that we should not assume the only reason developers and builders are not
coming here is because of the current practice. She explained that developers are given a timeline
when they meet with staff before a project is given full approval.
Council Member Shoe-Corrigan understood that it was good to have options for developers but
questioned what is reasonable and what staff thinks needs to be done to maintain the city's quality in
design. Ms. Lindquist stated that the city does have standards in place for installing infrastructure.
Mayor Droste expressed frustration over the city requesting as-built surveys before a certificate of
occupancy is issued. Ms. Lindquist explained the process for having the as-built in place before sod
is installed to prevent any drainage issues.Further discussion was held on the background for
establishing the policy.Mr. Brotzler stated that once the sod is installed it is hard to fix the grading
and drainage issue.Often times,homeowners expect the city to fix those drainage issues which has
consumed a lot of staff time. Council Member Shoe-Corrigan stated that without the policy it
would be very easy for the residents to blame the city. City Administrator Johnson suggested that
the policy be discussed at a different time separate from the current issue.
Mr.LeFevere stated he has worked in cities that have used both practices for design and installation
work.He noted that there will still be contention with projects if the developers install because the
city will deal only with the developer and not the contractors. The city will need protection which
requires developers to submit a performance bond.He provided experiences he has held in working
in other cities. He also provided information on using special assessments.
Council Members Shoe-Corrigan,Demuth and DeBettignies supported creating some
accommodations if the circumstances for a specific project allow for it. Council Member Weisensel stated
that staff should let developers know the options for moving forward.He wanted the information
provided upfront.Mr. Brotzler explained that the first conversation with developers on a project
includes creating a schedule.He added that the city staff is proactive and has great relationships with
the developers.Discussion was held about getting the message out to the public about how
infrastructure is built and the process. Mr.Brotzler stated that staff could provide and expand on a
sample timeline that could be included on the website.
Staff was directed to start exploring communication ideas and develop some hybrid options for
moving forward.
4 ROSEMOUNT
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P.rtiim nary Development Se uIe
Design to construction of basic project is approximately eleven weeks. Mass grading is concurrent with city schedule.
Enter Beginning Date _ -
Grading Plan Approval and Grading Permit
Site Grading Begins
Begin Design
Begin Final Design(5 weeks)-Developer Payment of City Fees
City Council Action: Order Project/Authorize the Prep of Plans and Specs /Subdivision Agreement/Petition&Waiver
Site Grading Completed and Certified with City
5 Weeks
Receive Plans and Specs/Ratify AFB
Advertisement for Bids-Independent Town Pages&Finance&Commerce(10 day advertisement) 2 Weeks
Bid Opening 1 Week
City Council Action: Receive Bids/Award Contract* 2 Weeks
Preconstruction Meeting 1-2 Weeks
Begin Construction of City Contract 1-2 Weeks
*Construction could begin approximately 2 weeks earlier by allowing bids to be presented at the Council meeting
C:\Users\kjhtAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OIOX5PM4\Copy of Preliminary Development Schedule