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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.