HomeMy WebLinkAbout4.C.1. Declare amounts and set a Public Hearing for Valley View Road Improvements Project No. 2012-7, Res No. 7489 Consent Business 4. C. 1•
SHAKOI'EE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
DATE: 10/07/2014
SUBJECT: Declare Amounts and Set a Public Hearing Date for Valley View Road
Improvements, Project No. 2012-7, Res. No. 7489 (E)
Action Sought
Adopt Resolution No. 7489, a resolution declaring the costs to be assessed, ordering the
preparation of proposed assessments and setting a public hearing date for the Valley View Road
Improvements, Project No. 2012-7.
Background
On July 2, 2013, City Council adopted Resolution No. 7326, approving the plans and
specifications and ordering the advertisement for bids for the Valley View Road Improvements,
Project No. 2012-7. On August 7, 2013, City Council adopted Resolution No. 7336, a resolution
which accepts the bids and awards the contract for the Valley View Road Improvements Project.
A portion of the Valley View Road Improvements are being completed under Scott County's
CSAH 17 Improvements project. Final costs for the County's project will not be finalized until
next year. As a result the assessable costs on the County project were estimated using bid prices
and the preliminary cost apportionment.
The estimated final project cost for Valley View Road is $1,633,122.44 with the city and county
picking up $763,000.00 of the cost. The remaining cost is to be assessed.
Recommendation
Adopt Resolution No. 7489, declaring the cost to be assessed and ordering the preparation of
proposed assessments for the Valley View Road Improvements, Project No. 2012-7, with a public
hearing to be held on November 5, 2014.
Budget Impact
Project financing sources include the storm sewer fund, the Capital Improvement Fund, Shakopee
Public Utilities and assessments to the benefiting properties. Final City and Shakopee Public
Utility costs will not be known until the CSAH 17 project is complete. Special benefit appraisals
were completed for the Thompson and Hayostek properties. Per the appraisals the assessments on
these parcels were capped at$13,750 and $36,000, respectively. Assessment agreements have
been sent to the property owners with these assessment amounts and to not require sanitary sewer
and water connections until necessary. The Hayostek agreement is attached for Council
information. As a result, $75,073.92 of the project cost must be picked up by other funding
sources. It is proposed to split the costs evenly ($25,024.64) across the three other major funding
sources, the Capital Improvement Fund, the Sanitary Sewer Fund and Shakopee Public Utilities.
The total cost to be assessed is $870,122.44. The estimated cost to be assessed from the
preliminary engineering report was $1,100,752.60.
Relationship to Vision
This supports Goal E: Deliver effective and efficient public services by a staff of well-trained,
caring, and professional employees.
Requested Action
Adopt Resolution No. 7489, a resolution declaring the costs to be assessed, ordering the
preparation of proposed assessments and setting a public hearing date for the Valley View Road
Improvements, Project No. 2012-7.
Attachments: Res. No. 7489
Agreement
RESOLUTION NO. 7489
A Resolution Declaring The Costs To Be Assessed
And Ordering the Preparation Of Proposed Assessments
For Valley View Road Improvements,
Project No. 2012-7.
WHEREAS, a City contract has been let for the construction of a portion of the
Valley View Road Improvements as described in the preliminary engineering report and
the total projected cost for the improvement including project costs pursuant to that
contract is $785,898.65, of which the City proposes to assess $452,344.12; and
WHEREAS, a County contract has also been let for the construction of a portion
of the Valley View Road Improvements and based on the contract price, the total
projected cost for the improvement is $11,414,254.00, of which the City proposes to
assess $417,778.32.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE,MINNESOTA:
1. The cost of such improvement to be specially assessed is hereby declared to
be $870,122.44.
2. The City Clerk, with the assistance of the City Engineer, shall forthwith
calculate the proper amount to be specially assessed for such improvement against every
assessable lot, piece, or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and keep a copy of such proposed assessment in her office
for public inspection.
3. That the City Clerk shall, upon the completion of such proposed assessment,
notify the City Council thereof.
BE IT FURTHER RESOLVED:
1. That a hearing shall be held on the 5t1 day of November, 2014, in the Council
Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed
assessments and at such time and place all persons owning property affected by such
improvements and proposed assessments will be given an opportunity to be heard with
reference to such assessment.
2. That 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 of the City of
Shakopee at least two weeks prior to the hearing and she shall state in the notice the total
cost of the improvements. She also shall cause mailed notice of such hearing to be given
to the owner of each parcel described in the assessment roll not less than two weeks prior
to the hearing.
450066v2 JJT SH155-262
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of , 2014.
Mayor of the City of Shakopee
ATTEST:
City Clerk
ENGR@OI4PROJECTNALLEYVIE WROAD/WORD/RES7489-DECLARE-COSTS-ASSESSED
450066v2 JJT SH155-262
This space reserved for recording purposes
AGREEMENT RE PAYMENT OF SPECIAL ASSESSMENTS
This Agreement is entered into as of , 2013, by and between the City of
Shakopee ("City"), and Donovan Hayostek and Rochelle Arch-Hayostek("Hayosteks").
RECITALS
A. The Hayosteks are the owners of a parcel of land ("Property") located at 1830 Marschall
Road South in the City. The Property's PID # is 27-918011-2 and the Property is
approximately 2.31 acres in size. The legal description of the Property is contained on
Exhibit A to this Agreement.
B. The City is proposing to adopt special assessments on the Property with respect to the
Valley View Road Improvement Project, City Project No. 2012-7 ("Project"). The
amount of the proposed assessment on the Property is $65,790.00.
C. The Hayosteks disagree with the amount of the proposed assessment.
D. The Hayosteks and the City desire to enter into this Agreement to settle their dispute over
the amount of the proposed assessment and to set forth the obligations of the respective
parties with respect to payment of the special assessment and related matters.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement,the City and the Hayosteks agree as follows:
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
JJT-220839v1
SH155-105 1
2. The City will reduce the amount of the proposed assessment to $36,000.00.
3. The Hayosteks waive notice of hearing and waive the right to the hearing required by
Minnesota Statutes, Section 429.031 on the $36,000.00 special assessment to be levied on
the Property.
4. The Hayosteks waive any and all rights to appeal or otherwise contest or challenge the
levying of the $36,000.00 special assessment against the Property, including but not
limited to the right to challenge whether the increase in fair market value resulting from
the Project is at least equal to the amount of the Project cost that is being assessed against
the Property and that such increase in fair market value is a special benefit to the
Property. The Hayosteks further agree that any requirements of Minnesota Statutes,
Chapter 429 with respect to the adoption or levying of the special assessments are waived
to the extent that those requirements are not met.
5. The Hayosteks may continue to utilize the private septic system on the property and will
not be required to connect to the City's public sanitary sewer system until the Property
develops or the private septic system fails,whichever occurs first.
6. The covenants, waivers and agreements contained in the Agreement shall run with the
Property and shall bind future owners of the Property and the heirs, successors and
assigns of the Hayosteks. It is the intent of the City and the Hayosteks that this
Agreement be recorded as a part of the land records of Scott County,Minnesota.
7. Nothing in this agreement is intended to affect any other payments that might be due to
the City, or any other governmental entity, at the time that the Property is platted,
subdivided, or connected to public sanitary sewer.
ET-220839v2
SH155-105 2
CITY OF SHAKOPEE
By
Its Mayor
By
Its City Administrator
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2013 by
Brad Tabke, Mayor and Mark McNeill, City Administrator of the City of Shakopee, Minnesota,
on behalf of said City.
Notary Public,
My Commission Expires:
Donovan Hayostek
Rochelle Arch-Hayostek
STATE OF MINNESOTA
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2013 by
Donovan Hayostek and Rochelle Arch-Hayostek,Husband and Wife.
Notary Public,
My Commission Expires:
JJT-220839v2
SH155-105 3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That part of the Northeast Quarter of Section 18, Township
115, Range 22, Scott County, Minnesota, described as follows:
Commencing at the intersection of the North line of said
Northeast Quarter and the centerline of County Road No. 17,
said point 1342.6 feet West of the Northeast corner thereof;
thence Southerly at an angle of 89 degrees 24 minutes 52
seconds (as measured from East to South) along said centerline
a distance of 2386.00 feet to the actual point of beginning of
the land to be described; thence deflecting to the West at an
angle of 93 degrees 36 minutes a distance of 363.00 feet; thence
Southerely parallel with said centerline a distance of 120.00
feet; thence deflecting to the West at an angle of 93 degrees
36 minutes a distance of 217.64 feet; thence Northerly parallel
with said centerline a distance of 275.00 feet; thence deflecting
to the East at an angle of 93 degrees 36 minutes a distance of
634.64 feet to a point on said centerline distant 155.00 feet
Northerly of the actual point of beginning; thence Southerly
along said centerline distance of 155.00 feet to the actual point
of beginning.