HomeMy WebLinkAbout15.A.3. Declaring of Petition, Ordering an Improvement, Plans and Specs for Dean Lakes, Project 2004-4-Res. No. 6000
IS. fl. 3.
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Declaring Adequacy of Petition, Ordering an Improvement,
Approve Plans and Specifications for Dean Lakes Improvements,
Project No. 2004-4
DATE: January 20, 2004
INTRODUCTION:
The developer of Dean Lakes (formerly Valley Green Corporate Center) has submitted a
petition for the construction of Dean Lake Boulevard, Dean Lake Trail and Coneflower
Lane within the plat of Dean Lakes and for the extension of sanitary sewer, watermain
and storm sewer to these streets.
BACKGROUND:
The developer for Dean Lakes has petitioned the City to construct Dean Lake Boulevard,
Dean Lake Trail, Coneflower Lane and utility extensions within the plat of Dean Lakes.
The property owners have executed a petition for the improvements listed as attached.
Attached is Resolution No. 6000, declaring adequacy of petition and ordering an
improvement. With 100% of the property owners petitioning the improvement, no public
hearing is necessary, thus the project can be ordered and design of roadways can
commence. The design of these improvements were authorized earlier by a
reimbursement agreement approved by the City Council on November 18,2003.
The plans and specifications for these improvements are being done by WSB &
Associates, Inc. as part of the reimbursement agreement.
In discussions with the City Attorney, if these roadways are to be included as a 429
Special Assessment City project, the petitioning for the project is recommended and
required as part of the platting process.
The developer of Dean Lakes is requesting to proceed with the project of the major roads
and utilities to serve the site. Part of the financial discussions with this project is for the
City to install these improvements and assess the cost over a twenty-year period as part of
the master agreement. Attached to this memo is the page in the master agreement
referring to the assessments.
The estimated cost ofthe improvements listed is $4,240,000.00
If Council agrees to accept the petition, then the appropriate actions would be to approve
a resolution declaring the adequacy of the petition and order the preparation of plans.
ALTERNATIVES:
1. Move to approve Resolution No. 6000, declaring adequacy of petition, ordering
an improvement and preparation of plans and specifications for improvements to
Dean Lake Boulevard, Dean Lake Trail, Coneflower Lane and utility extensions
within the plat of Dean Lakes, as described in Exhibit "B" of the petition.
2. Do not approve Resolution No. 6000.
3, Table this item for additional information.
RECOMMENDATION:
Staff recommends Alternative No.1, if Council accepts the petition for a City project on
roadways within Dean Lakes. If the Council does not want to proceed at this time, then
voting against Resolution No. 6000 is the appropriate action. Proceeding with the project
at this time is to accommodate the developer's schedule and is at their request and the
entire project cost is 100% assessed to the developer.
ACTION REQUESTED:
Offer Resolution No. 6000, A Resolution Declaring the Adequacy of Petition, Ordering
an Improvement and Preparation of Plans and Specifications for Dean Lake Boulevard,
Dean Lake Trail, Coneflower Lane and Utility Extensions Within the Plat of Dean Lakes,
Project No. 2004-4, and move its adoption.
~Lo~
Public Works Director
BUpmp
MEM6000
RESOLUTION NO. 6000
A Resolution Declaring Adequacy of Petition
And Ordering An Improvement And The Preparation Of
Plans And Specifications For Improvements To
Dean Lake Boulevard, Dean Lake Trail, Coneflower Lane
And Utility Extensions Within The
Plat of Dean Lakes
Project No. 2004-4
WHEREAS, a certain petition requesting construction of improvements to Dean Lake
Boulevard, Dean Lake Trail, Coneflower Lane and utility extensions within the plat of Dean Lakes,
has been filed with the Council on January 20,2004; and
WHEREAS, this petition is hereby declared to be signed by 100 percent of the property
owners affected thereby, no public hearing or notices are required, as per Minnesota Statutes
Section 429.031,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1. That the improvement is.ordered as hereinafter described:
Dean Lake Boulevard, Dean Lake Trail, Coneflower Lane and utility extensions
within the proposed plat of Dean Lakes including street construction, concrete curb
& gutter, concrete median, grading, aggregate base, bituminous paving, turn lanes,
storm sewer, sanitary sewer, watermain, street lighting, concrete sidewalk,
bituminous trail and any appurtanant work.
2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this
improvement. He shall prepare plans and specifications for the making of such improvements.
3. The work of this project is hereby designated as part of the 2004-4 Public
Improvement Program.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of ,2004.
Mayor of the City of Shako pee
ATTEST:
City Clerk
I
ARTICLE III
Property Tax Abatement for Infrastructure
Section 3.1. Status of Development Property. (a) The Developer has entered enter into a
purchase .agreement to acquire f~e title to the Development Property. The City has no obligation
to acquire the D~velopment Property or any portion thereof.
(b) The Developer shall prepare and seek City approval of a planned unit development
("PUD") and plat of the Development Property (the "Plat") at Developer's cost and subject to all
City ordinances and procedures. The plat and PUD must be consistent with the Master Site Plan,
provided that nothing in this Agreement is intended to limit the City's authority in reviewing the
PUD and plat, or to preclude revisions requested or required by the City. The parties acknowledge
that Developer has submitted a preliminary Plat as of the date of this Agreement. Approximately
42 acres of the Plat and PUD must be designated for residential lots (the "Residential Property),
approximately 36 acres (the "Commercial Property") must be designated for development of the
Commercial Improvements, and approximately 90 acres (the "Business Park Property") must be
designated for development ,of the Individual Improvements.
(c) In connection with the Plat and POO, the parties agree and understand that the
Developer and City will enter into the following related agreements with Developer: (i) a planned
development agreement (the "PUD Agreement") that addresses the overall POD requirements for
the entire Development Property, including any related open space easements or restrictive
covenants or declarations, and (ii) a developers' agreement (the ''Developer's Agreement") that
addresses cons~uction of infrastructure for each phase of development of the Development
Property.
: Section 3.2. Abatement for Infrastructure. (a)' Generally. The Business Park Property is
currently encumbered, and will be addition~y encumbered, with special assessments for various
infrastructure improvements. The City has determined that, in order to facilitate development of
the Business Park Property, the City will retain Abatements from the Commercial Property
pursuant to the Act, and will apply those Abatements to pay a portion of assessments for
infrastructure levied or to be levied against the Business Park Property, all as de'scribed in more
detail in this Section and in the Abatement Resolution.
(b) Existing Assessments. Prior to the date of this Agreement, the City has levied special
assessments against the Development Property to finance improvements to County Roads 83 and
16 adjacent to the Development Property (the "Existing Assessments"). Such assessments were
levied in the aggregate principal amount of $3,734,572.78 payable in annual installments through
2012. Upon or after filing of the Plat, the City will allocate the Existing Assessments againstthe
various portions of the Plat, including the Business Park Property, in accordance with City
ordinances and procedures.
(c) New Assessments. In connection with the development described in this
Agreement, the City will construct additional infrastructure improvements within the
Development Property, including roads, sanitary sewer, water and storm water improvements
(referred to as the "Plan B Improvements" in the Development Agreement to be executed upon
SJB-239S76vS 6
SH23S-12
approval of the initial Plat). The City will assess the cost of the Plan B Improvements against the
various portions of the Plat (the "New Assessments"), including the Business Park Property, in
accordance with the Developer's Agreement and City ordinances and procedures. The New
Assessments will be payable in annual installments over 20 years with interest detennined by the
City in accordance with its usual and customary procedures and policies, beginning with taxes
payable in 2005.
(d) Terms of Abatement. The City will retain Abatements from each Parcel of the
Commercial Property in accordance with Article V of this Agreement and the Abatement
Resolution. The term of the Abatement for each Parcel is 15 years, commencing with the first
tax-payable year after substantial completion of Commercial Improvements on that Parcel. The
Abatements for each Parcel tenninate on the earlier of (i) the date all Existing Assessments and
New Assessments against the entire Business Park Property have been paid in full, or (ii) after
the 15th year of collection of Abatements from that Parcel.
(e) Application of Abatements. The City will receive Abatements semi-annually from
the County along with the property tax settlement, and will apply such amounts as follows:
First, to pay the next installment of principal and interest on the Existing Assessments
against the Business Park Property; and
Second, to pay the next install~ent of principal and interest o~ the New Assessments
against the Business Park Property.
Abatements will be applied pro rata to the outstanding Existing Assessments or"New Assessment
(as the case may be) against each Parcel of the Business Park Property. As soon as reasonably
practicable after each semi-annual tax settlement date, the City will calculate the total
Abatements from all Parcels of .the Commercial Property, and will allocate the amount to be
applied toward Existing or New Assyssments against each Parcel of the Business Park Property.
The City will pay'the Abatements to the County on or before the next property tax payment date
(May 15 or October 15, as the case may be), and will specify to the County the amounts
allocated toward the assessments against each Parcel. At least 30 days. before such property tax
payment date, .the City will'send the owner of each Parcel (the Developer or an Individual
Developer, as the case may be) a written notice specifying the Abatement amounts to be paid by
the City for that Parcel and the balance to 'be paid by the owner. Notwithstanding such notice
requirement, the owner of each Parcel, its successors or assigns remains obligated to pay the full
installment of Existing and New Assessments due on any tax payment date unless and until the
owner receives actual notice of the portion paid by the City under this Section.
(f) Limitations. The maximum Abatement applied toward Existing or New
Assessments in any calendar year will not exceed the lesser of (i) 25% of the amount equal to
City's Abatement Capacity for that year less the Certainteed Abatement for that year, or (ii) the
aggregate installment of Existing Assessments and New Assessments against the entire Business
Park Property due in that year. If the Act is amended to increase the City's Abatement Capacity,
the percentage 'of Abatement Capacity in clause (i) will be reduced proportionately, and if the
Act is amended to reduce the City's Abatement Capacity, the percentage of Abatement Capacity
in clause (i) will be increased proportionately. The City's obligation under this section is
payable solely from and to the extent of the Abatements, and nothing herein shall be construed to
SJB-239576vS 7
SH23S-12
CITY OF SHAKOPEE
PETITION FOR PUBLIC IMPROVEMENTS AND
WAIVER OF ASSESSMENT RIGHTS
RECITALS
A. The undersigned is the contract for deed purchaser of certain real Propelty legally described
in Exhibit A ("the Property"), which is being platted as Dean Lakes.
B. As part of subdivision and platting process for Dean Lakes, the undersigned will be
dedicating right-of-way for those Streets listed on Exhibit B.
C, The undersigned desires the City of Shakopee to install the public improvements and assess
the costs against the Property.
D. The undersigned understands that those streets on Exhibit B will be designated as collector
streets but that the assessments for them will be based on the equivalent local street costs in
accordance with the City of Shakopee's ("City") assessment policy.
E. It is understood by the undersigned that the City will be doing the Chapter 429 Public
Improvements solely at the undersigned's request and for the undersigned's convenience and that the
City would not be installing the improvements described in this petition without this waiver.
F, The undersigned is voluntarily submitting this petition and understands that the City is
relying on it as a condition of subdivision approval and proceeding with the public improvements.
NOW, THEREFORE, the undersigned agrees as follows:
1. The undersigned petitions the City to install the following improvements and to assess them
against the Property pursuant to Minnesota Statutes, Chapter 429; streets and all related
2
improvements listed on Exhibit B and shown on Exhibit C within the plat of Dean Lakes
including street construction, turn lanes, storm sewer, sanitary sewer, watermain, street
lighting, sidewalk, landscaping and bituminous trail and appurtenant work ("Improvement
Project").
2, The undersigned represents and warrants that it is the contract for deed purchaser of the
Property and that it has the full legal authority and power to encumber the Property.
3. The undersigned request that he cost of the Improvement Project be assessed against the
Property. The current estimated amount of the assessment is $ 4,664,520.00 , and the
assessments will be levied over a period of 20 years. The undersigned understands that the
exact amount of the assessments cannot be detennined at the present time, and understands
that the final assessment will be determined in accordance with the City's adopted
assessment policy. The undersigned understands that the waivers contained in this Petition
are effective for the current estimated amount of the assessments and for any increases that
are the result of requests made by the undersigned or any increases that are otherwise
approved in writing by the undersigned.
4. Provided that the assessments are as described in paragraph 3, the undersigned waives notice
of hearing and hearing pursuant to Minnesota Statutes 429,031 on the Improvement Project
and notice of hearing and hearing on the special assessments to be levied in finance the
Improvement Project pursuant to Minnesota Statutes 429.061 and specifically request that the
Improvement Project be constructed and special assessments be levied without hearing
against the Property,
5. Provided that the assessments are as described in paragraph 3, the undersigned waives all
right to appeal or otherwise contest or challenge the levy of the special assessment, including
but not limited to the right to challenge whether the increase in fair market value resulting
from the construction ofthe improvement project is at least equal to the amount of the project
cost that is assessed against the Property and that such increase in fair market value is a
special benefit to such parcel. The undersigned fuliher agrees that any requirements of
Minnesota Statues, Chapter 429 are waived to the extent that such requirements are not met.
6, The covenants, waivers and agreement contained herein shall run with the property and shall
bind the heirs, successors and assigns of the undersigned, It is the intent of the City and the
undersigned that this document be recorded as a part of the land records of Scott County,
Minnesota,
7. The terms and conditions set forth ins this Petition shall telminate upon the final payment of
all special assessment levied against the Property regarding the Improvement Project, and the
City shall execute and deliver such document, in recordable form, as are necessary to
extinguish its rights contained herein upon receipt of such final payment.
3
Dated this 1l day 01\ 'wt~ ,2004.
RYAN COMPANIES US, INC.
aMinnesota orporation
By
Its ...........'...........]1
'1f=~
STATE OF MINNESOTA )
)ss '.~ .' My CorI\lllIlIlIIl EJpI'" JIll at. 2lICI8
Iii . .,.".,
COUNTY OF tkt~ hQp 1\1\ )
The fUllt13instrument was acknowledged before I"e this li day o~ 2004,
by a-VlSM , the \)i ce ~@de41;J- of Ryan Compani S, Inc., a
Minnesota corporation, on behalf of the corporation. ~
~t!htt. ~
Notary Public 1/ . ~
My Commission Expires 3' 08
Consent: The undersigned, the contract for deed seller of the Property, consents to the terms and
conditions of this Petition by Ryan Companies US, Inc.
Valley Green Business Park Limited Partnership
By Valley Green Business Park, Inc., a Minnesota
Corporation, s eneral Partner
By
Its
STATE OF CONNECTICUT)
)ss
COUNTY OF FAIRFIELD ) '. d
The fOregoinrc ins~ent was acknowledged bfJ,re lI)e this f,;Z ~day of MIflQ.~ , 2004,
by LV. rev R-- I 2-, the }/ U..f.... 1~ of Va y Green siness Park
Inc., a Minnesota corporation, as general partner of Valley Green Busi ess Park Li ited
Partnership, a Minnesota limited partnership, on of the corporation and partnership.
~{ ~
. '
MAD LINE S, BUGEJA
Drafted by: NOTARY PUBLIC
Kennedy & Graven MY COMMISSiON EXPIRES 07/3112005
470 Pillsbury Center
200 S. Sixth Street
Minneapolis, MN 55402
[I: Iclerkljudy\Deveagre IPetition-200 1]
EXHIBIT A
Le1!al Description
Dean Lakes
parcell:
The Southeast Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott
County, Minnesota.
Being registered land as is evidenced by Certificate of Title No. 27854.
Parcel 2:
Lot A, REGISTERED LAND SURVEY NO.6, Scott County, Minnesota, EXCEPT Parcel 74,
Minnesota Department of Transportation Right of Way Plat No. 70-11 as the same are on file
and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota.
Being registered land as is evidenced by Certificate of Title No. 27850.
Parcel 3:
The Northeast Quarter ofthe Southeast Quarter of Section 9, Township 115, Range 22, Scott
County, Minnesota;
EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way
Plat No. 70-12 on file and of record in the Office of the Registrar of Titles in and for Scott
County, Minnesota.
Being registered land as is evidenced by Certificate of Title No. 27853.
Parcel 4:
The Southwest Quarter of the Southeast Quarter (SWl/4 ofSEl/4) of Section 9, Township 115,
Range 22, Scott County, Minnesota,
EXCEPT THE FOLLOWING: Commencing at a point 32 rods North of the Southwest comer of
the Southeast Quarter, thence running East 13 rods, thence North 10 rods, thence in a
Northwesterly direction about 13.70 rods to a point 46 rods North of said Southwest comer of
the Southeast Quarter, thence South 14 rods to the place of beginning;
EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way
Plat No. 70-11 on file and of record in the Office of the Registrar of Titles in and for Scott
County, Minnesota.
Being registered land as is evidenced by Certificate of Title No. 27854.
ParcelS:
Government Lots 1 and 2, and the West 601.13 feet of Government Lot 3, Section 10, Township
115, Range 22, Scott County, Minnesota, including the accretions and re1ictions thereto,
EXCEPT that part of Government Lots 1 and 2 shown as Parcel 74 on Minnesota Department of
Transportation Right of Way Plat No. 70-12 and that part of Government Lot 3 shown as Parcel
74 on Minnesota Department of Transportation Right of Way Plat No. 70-13, all in Section 10,
Township 115, Range 22 on file and of record in the Office of the Registrar of Titles in and for
Scott County, Minnesota.
Being registered land as is evidenced by Certificate of Title No. 31775.
Parcel 6:
That part ofthe Southwest Quarter of the Southeast Quarter of Section 9, Township 115, Range
22, Scott County, Minnesota described as follows:
Commencing at a point 32 rods North ofthe Southwest comer of the Southeast Quarter; thence
running East 13 Rods; thence North 10 Rods; thence in a Northwesterly direction about 13.7
Rods to a point 46 Rods North of said Southwest comer of the Southeast Quarter; thence South
14 Rods to the place ofbegimling.
Abstract Property
Parcel 7:
Tract B, REGISTERED LAND SURVEY NO. 172, files of the Registrar of Titles, Scott County,
Minnesota.
Being registered land as is evidenced by Certificate of Title No. 32371,
EXHIBIT B
Petition for Public Improvements
Dean Lakes
Shakopee, MN
Streets and all related improvements to be constructed as part of the 429 Public hnprovements
within Dean Lakes;
. Dean Lakes Boulevard
. Dean Lakes Trail
. Coneflower Lane
Utility Extensions (Sanitary and Watermains) between Highway 169 and Dean Lakes Blvd.
Storm Sewer Extensions to Stormwater Ponds,
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CARRIAGE lOWNHOMES: 18. -- ----
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