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HomeMy WebLinkAbout15.B.1. Ordering Improvements for Weinandt Acres 1st Add'n St. Reconstruction, Project No. 2004-1-Res. No. 6032 rs:/!;, / # CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Ordering Improvements for Weinandt Acres 1 st Addition Street Reconstruction, Project No. 2004-1 DATE: May 4, 2004 INTRODUCTION: Attached is Resolution No. 6032, a resolution ordering the improvement and the preparation of plans and specifications for Weinandt Acres 1 st Addition Street Reconstruction, Project No. 2004-1. This agenda item is for Council to consider whether to proceed with this project or not and was tabled to the May 4, 2004 Council meeting. Also included is a drainage agreement between the city and Brian and Julie Welch and an easement release form for the property owners of Weinandt Acres for Council review and consideration. The first order of business is to remove this item from the table. BACKGROUND: On April 6, 2004, a public hearing was held on the Weinandt Acres 1 st Addition street reconstruction project. The public hearing was closed after receiving public input on the project, Council directed staff to meet with the residents of Weinandt Acres 1st Addition and the adjoining property owner, Brian and Julie Welch, to resolve the blanket easement issue on their property. Council also offered Resolution No. 6032 for ordering the project and then tabled the action on the resolution until May 4, 2004 for consideration to proceed with the project or not for this year. City staff, City Attorney and Mayor Schmitt have met with the residents of Weinandt Acres 1st Addition and the Welch's in order to mediate a resolution on the blanket easement over the Welch's property in favor of the Weinandt Acres residents and the City of Shakopee. Previously, the City of Shakopee has reduced the blanket easement to a lesser amount and in order to allow the Welch's to build on their property, however, this reduction was not acceptable to the Welch's. The City Attorney has drafted a drainage agreement between the Welch's and the City of Shakopee based on meetings between the Welch's and the mayor. If this agreement is acceptable to the Weinandt Acres 1 st Addition property owners, then a release form from each property owner would need to be signed and recorded in order to release their easement rights on the Welch's property. The Welch's would need to execute the agreement as well. This drainage agreement has not been presented to the Weinandt Acres property owners as of yet. At the writing of this memo, no agreement has been reached between the Welch's and the City. Progress has been made in this area and the draft agreement has been drafted to meet their concerns and still providing the city with drainage rights. If an agreement is reached between the City and the Welch's on the drainage agreement and this is acceptable to the Weinandt Acres property owners, the following steps would still be needed in order to resolve the drainage issues as follow: 1. Weinandt Acres property owners would need to release their drainage rights on the Welch's property and have this document recorded at the County Recorder's office. 2. A new resolution vacating the blanket easement by the City of Shakopee would need to be adopted after the Welch's have executed the drainage agreement and the Weinandt Acre property owners have executed all the releases of the blanket easement. In order to complete these items, the execution of the drainage agreement and release form of the blanket easement by the Weinandt Acre property owners would take some time. If this City project is to be constructed in 2004, I believe City Council needs to order this project on May 4, 2004 in order for the design to be completed by June 15, 2004 and bids received by July 19, 2004 in order for this project to be constructed this year. City Council could order this project with the direction to staff that project improvement plans would not be approved on June 15t\ if the drainage issue is not resolved by then. If Council orders this project since this is a city initiated project, an extraordinary vote is needed or 4/5 of the council. After the project is ordered and the next step is to approve plans for advertisement of bids, the council only needs a simple majority vote. In staff s opinion, the reconstruction of the streets would need to designed at some point and built, as the pavement has totally deteriorated on many stretches of 29th A venue and Marcia Lane. Even if staff did complete the design on this reconstruction project, and the drainage issues were not resolved by June 15th, City Council could delay this project until 2005 or later as the Council sees fit without having another public hearing. Due to the 2004 workload, staff can complete the design with overtime now or complete the design this winter. In Resolution No. 6032, a provision is included that City Council has to let a contract for a portion of the improvements no later than three years from the adoption of the resolution or another public hearing would need to be held. If Council does not order this project for plan preparation on May 4,2004, staff would recommend that this project be delayed until 2005 and contingent upon the drainage easement issue being resolved. ALTERNATIVES: 1. Adopt Resolution No. 6032, a resolution ordering the improvement and the preparation of the plans and specifications for the Weinandt Acres 1 st Addition Street Reconstruction, Project No. 2004-1. 2. Deny Resolution No. 6032. This action will halt the project until such time as the City Council reconsiders the project. 3. Table Resolution No. 6032, until the drainage easement issue has been resolved and to allow more time for staff to resolve the issue and provide additional information, as directed by City Council. 4. Authorize the appropriate City Officials to execute the drainage agreement between the City of Shakopee and Brian and Julie Welch as prepared by the city attorney and after the Weinandt Acre property owners have executed the appropriate releases of the blanket easement and after the Welch's have executed the drainage agreement. 5. Do not authorize execution ofthe agreement at this time. RECOMMENDATION: If Council desires to proceed with this project at this time, then Resolution No. 6032 needs to be adopted. If the drainage issues are not resolved to City Council's satisfaction by June 15t\ City Council is not required to approve the plans and specifications and would be able to delay the project until such time as the issue is resolved. The vote needed to proceed with bidding ofthe project would only be a simple majority. In review of the complexity of resolving the drainage issue between the Weinandt Acres property owners and the Welch's, it is unlikely the issue can be totally resolved by May 4, 2004 and would need to be resolved by June 15, 2004 if this project is to be constructed in 2004. The recommended action would depend on Council's comfort level on proceeding with the project without the easement issue still not resolved. If Council is comfortable with proceeding with the project without the drainage easement issue being resolved, the adopting Resolution No. 6032 is appropriate with the understanding that the Council does not have to approve the plans for bidding until the drainage easement issue is resolved. If Council is not comfortable with proceeding until the drainage easement issue is resolved, then tabling Resolution No. 6032 is the appropriate action. ACTION REQUESTED: 1. Offer Resolution No. 6032, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Weinandt Acres 1 st Addition Street Reconstruction, Project No. 2004-1, and move its adoption. 2. Authorize the appropriate City Officials to execute the drainage agreement between the City of Shakopee and Brian and Julie Welch as prepared by the city attorney and after the Weinandt Acre property owners have executed the appropriate releases of the blanket easement and after the We1ch' s have executed the drainage agreement. ~i1 Bruce Loney Public Works D ector BUpmp ENGR/2004PROJECTIWEINANDT ACRES/WORD/MEM06032 RESOLUTION NO. 6032 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For Weinandt Acres 15t Addition Street Reconstruction Project No. 2004-1 WHEREAS, Resolution No. 6023 adopted on March 1, 2004, fixed a date for Council hearing on the proposed improvement of Weinandt Acres 1 st Addition Street Reconstmction Proj ect and all appurtenant work; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 6th day of April, 2004, at which all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is necessary, cost effective and feasible and is ordered as hereinafter described: Weinandt Acres 1 st Addition Street Reconstmction Project and all appurtenant work. 2. Bmce 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 2004-1 Public Improvement Program. 4. The City Council shall let the contract for all or part ofthe improvements as authorized by Minnesota Statutes 429.041, no later than three years :from the date of adoption of this resolution. Adopted in session of the City Council of the City of Shako pee, Minnesota, held this day of ,2004. Mayor of the City of Shako pee ATTEST: City Clerk This space reserved for recording purposes EASEMENT AGREEMENT This Agreement is entered into as of , 2004, by and between the City of Shakopee ("City"), and Brian Welch and Julie We1ch, husband and wife, ("Welches"). RECITALS A. The W e1ches are the owners of a parcel of land ("Property") located near the intersection of County Road 42 and County Road 17 (Marschall Road) in the City. The legal description of the Property is attached as Exhibit A and a schematic drawing of the Property is attached as Exhibit B. B. The Property's tax parcel identification number is The Property is approximately _ acres in size, _ acres of which are on the west side of County Road 17 and _ acres of which are on the east side of County Road 17. The Property is currently vacant. C. A blanket drainage easement ("Blanket Easement") dated September 10, 1980, which was recorded on September 16, 1980 as Document No. 177504 in the Office of the Scott County Recorder, encumbers the Property. The Blanket Easement runs in favor of the City and the owners of property in the Weinandt Acres plat, which is located south of the Property immediately across 29th Avenue. D. The City has undertaken a street reconstruction project in the vicinity of the Property known as City Project No. 2004- ("Project"). The Project consists of the reconstruction of 29th Avenue, which runs in an East-West direction and borders the Property on the South and Weinandt Acres on the North. JJT-246665v2 SH155-143 1 E. The We1ches have asked the City to vacate the Blanket Easement and to assist them in obtaining a release of the Blanket Easement from the property owners in Weinandt Acres. The City is willing to cooperate with both of those requests. F. The We1ches and the City desire to enter into this Agreement to set forth the obligations of the respective parties with respect to the vacation of the Blanket Easement, the granting of a new easement for drainage. and storm water utility purposes in favor of the City across the Property, and the release and vacation ofthe Blanket Easement. TERMS OF AGREEMENT Now therefore in consideration of the mutual covenants and conditions set forth in this Agreement, and for other good and valuable consideration, receipt of which is acknowledged by both parties, the City and the We1ches agree as follows: 1. Incorporation of Recitals. The Recitals are true and correct and are incorporated by reference into this Agreement. 2. Drainage and Storm water Utility Easement. The Welches grant and convey to the City a non-exclusive easement for drainage and storm water utility purposes over, under, across and through those portions of the Property described on the attached Exhibit C. The easement includes the right of the City, its contractors, agents, and employees to enter the easement area at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing the surface water drainage way, as well as any storm water drainage facilities located in the easement area. The easement granted in this Agreement includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere with the easements or facilities of the City, its successors or assigns. 3. Termination/Modification of Easement. If the Property is subdivided, the Welches may request that the City terminate or modify the location of the Easement granted in this Agreement. The City agrees to terminate or modify the Easement if the City reasonably determines that the Easement is no longer needed because other easements granted to the City as part of the subdivision of the Property adequately address the City.s surface and storm water drainage needs. 4. Indemnification and Hold Hannless. The Welches agree to defend, indemnify and hold the City harmless from any and all claims against the City arising out any actions by the Welches on their Property that affect surface water drainage from Weinandt Acres. This indemnification and hold harmless provision relates only to acts by the We1ches and not to acts of God or acts beyond the control of the We1ches. 5. Warranty of Title. The Welches warrant that they are the owners of the Property and that they have the right, title and capacity to convey to the City the easement described in this Agreement. JJT-246665v3 SH155-143 6. VacationlRelease of Blanket Easement. The following are conditions precedent to the obligation of the Welches contained in this Agreement: a. The City must vacate the Blanket Easement after complying with the necessary legal requirements; and b. All of the property owners in Weinandt Acres who are beneficiaries of the Blanket Easement must release their interest in the Blanket Easement. 7. Restoration. After the Project has been constructed, the City will return any portion of the Property disturbed by the construction to the condition that existed prior to the construction. The City will replace any existing improvements, including but not limited to trees, shrubs, sod and landscaping and repair damage to the Property that occurred during construction of the Project in accordance with ordinary City policies. 8. Binding Agreement. The easements, 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 Welches and the City. It is the intent of the City and the Welches that this Agreement be recorded as a part of the land records of Scott County, Minnesota. [remainder of this page left blank intentionally] JJT-246665v3 SH155-143 CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2004. by John Schmitt, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, on behalf of said City. Notary Public, My Commission Expires: Brian We1ch Julie Welch STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , Brian Welch and Julie We1ch, husband and wife. Notary Public My Commission Expires: THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (JJT) 200 South Sixth Street 470 Pillsbury Center Minneapolis, MN 55402 JJT-246665v3 SH155-143 EXHIBIT A Legal Description of Welch Property CAH-245212v2 5 EXHIBIT B Schematic Drawing of Welch Property JJT-246665v3 SH155-143 EXHIBIT C Legal Description of Drainage and Storm water Utility Easement The legal description of the easement would be one that is 50 ft wide from County Road 17 to the west end of 29th Ave and a 10 ft drainage easement from the west end of 29th Ave to Lake Q'Dowd for the benefit the City of Shakopee. JJT-246665v3 SH155-143 RELEASE OF EASEMENT FOR VALUABLE CONSIDERATION, and , husband and wife and owners of Lot _, Block _ Weinandt Acres _ Addition release, discharge, and terminate any interest they have in the easement created by the document entitled Grant of Easement filed September 16, 1980 as Document No. 177504 in the Office ofthe County Recorder, Scott County, Minnesota. This instrument has been executed this _ day of May 2004. STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of May 2004, by and , husband and wife. Notary Public This document drafted by: Kennedy & Graven, Chartered (JJT) 470 Pillsbury Center Minneapolis, MN 55402 NKE-205553vl BR270-141