HomeMy WebLinkAbout2.c. County Road 38 - TH 3 to East Tract Line of Reflections, City Project #393AGENDA ITEM: County Road 38 -TH 3 to East Tract Line
of Reflections, City Project #393
AGENDA SECTION:
Discussion
PREPARED BY Andrew J. Brotzler, P.E., City Engineer
AGE I
ATTACHMENTS: 1) January 12, 2005 Executive Summary
2) February 1, 2005 Executive Summary
3) February 9, 2005 Executive Summary
4) Map
APPROVED BY:
RECOMMENDED ACTION: For Discussion
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Work Session Date: April 13, 2005
ISSUE:
1) Consider options for the recovery of project costs associated with the extension of
sanitary sewer and water service.
2) Review City code requiring connection to City services
BACKGROUND:
1) Project Costs
On February 15, 2005, a public hearing for the County Road 38 project was held. At the
public hearing, the estimated costs and proposed assessments were presented. The
official action by Council was to order the improvements and authorize the preparation of
plans and specifications. In addition, Staff was directed to prepare information regarding
options for the recovery of costs associated with the extension of sanitary sewer and
water service to properties along the north side of County Road 38.
For reference, the properties proposed to be assessed for sanitary sewer and water
service are shown on the attached map The estimated assessments for each property
are as shown on the following page.
County Road No 38 (Bonaire Path)
Proposed Assessments
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PIN 34- 02010- 010 -06
Joseph B. Pannkuk
13,400.00
PIN 34- 02010 010 -09
William Bonita J Rohr
$22,800.00
PIN 34 44300 100 -01
$13,400.00
Todd R. Hendry
PIN 34- 44300 040 -02
Tracie L Balsley
$13,400.00
PIN 34 44300 010 -02
$13,400.00
Allan F Janet H. Feldsien
TOTAL
$76,400.00
In addition to the proposed assessments, City and Met Council charges will be collected
at the time that a permit is pulled to connect to the City sanitary sewer and water system.
These fees (at 2005 rates) are summarized below:
Met Council Sewer Access Charge (SAC)
City SAC
City WAC
$1,450
$1,160
$1,410
Other charges (these will vary by property) are associated with contracting a licensed
plumber to install the sanitary sewer and water line from the property line to the house
and connecting to the house plumbing. As these costs may vary significantly, we do not
attempt to estimate these expenses.
Attached are copies of executive summaries from previous discussions on this issue.
These will provide various options available for Council consideration. To briefly
summarize the options that have been discussed, the first option is to levy assessments
to the benefiting property owners. These assessments are typically levied over a 10 -year
period and are payable with the annual property taxes. The second option is to establish
a special area connection charge, in -lieu of special assessments, to be collected at the
time a permit is pulled to connect to City sanitary sewer and water service.
2) City Code
The current City code requires that properties shall connect to the City sanitary sewer and
water system within two -years from the date that service is available. It has been
previously discussed that consideration should be given to modifying the City code for this
specific area to extend the time period that property owners would have to connect to City
2
services.
Staff suggests that this time period be extended between five and ten years and include a
provision that should an existing system fail, the property owner shall be required to
connect to the City system.
SUMMARY:
Staff is requesting Council direction on these items.
3
AGENDA ITEM: County Road 38 TH 3 to East Tract
Line of Reflections, City Project #393
AGENDA SECTION:
Discussion
PREPARED BY: Andrew J. Brotzler, P. E., City Enginee
EN®, 1r
2
ATTACHMENTS: Map
APPROVED BY
/17/
RECOMMENDED ACTION: Discussion Only
ACTION:
City Council Work Session Date: January 12, 2005
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
ISSUE:
Review policy implications associated with proposed improvements on County Road 38 from
TH 3 to the east tract line of Reflections and the proposed extension of sanitary sewer and water
service to property at 132 Street and Dodd Road and property at 132 Court that is currently
zoned rural residential.
BACKGROUND:
On November 3, 2004, Council authorized the preparation of a feasibility report to analyze
improvements to County Road 38 from TH 3 to the east tract line of the Reflections development.
As part of the Council action, staff was authorized to review the extension of sanitary sewer and
water service to the Rose Terrace apartment building located at 132 Street and Dodd Road.
At the time that Council authorized the preparation of a feasibility report and through the
preparation of the feasibility report, several policy implications have been identified. The policy
implications that staff reviewed with Council on December 15, 2004, and requested Council
direction on are as follows:
1. Extension of sanitary sewer and water service along County Road 38 and the
potential levying of special assessments to adjacent benefiting properties on the
north side of County Road 38 that are designated transitional residential.
As part of the proposed improvements, sanitary sewer and water service will be made
available to 3 to 6 existing residential properties on the north side of County Road 38.
The transitional residential designation for these properties acknowledges anticipation
that City sanitary sewer and water service may be provided. Extension of utilities
would require a comprehensive plan amendment to expand the MUSA.
The policy consideration for Council is the proposed levy of special assessments to
these properties for sanitary sewer and water service that are designated transitional
residential.
This prompts an additional policy consideration regarding the continued extension of
sanitary sewer and water service to the transitional residential area.
2. Extension of sanitary sewer and water service to the Rose Terrace Apartment
building located at 132 Street and Dodd Road,
SUMMARY:
Staff will provide to Council at the meeting the proposed estimated special
assessments to these properties for sanitary sewer and water service.
The owner of the Rose Terrace apartment building, as noted in correspondence
previously provided to Council has requested that sanitary sewer and water service be
extended to the property. The property was included in the North Central Sewer Study
area for sanitary sewer service. However, the property is currently designated rural
residential and is not within the Municipal Urban Service Area (MUSA) Therefore,
consideration to extend sanitary sewer and water service to this property would require
a Comprehensive Guide Plan amendment to change the land use designation and
expand the MUSA. A rezoning to urban residential from rural residential would also be
required.
With the possible extension of sanitary sewer and water service to this property, there
may be the potential for additional properties within the current rural residential area to
request subdivision and development at an urban density.
At the Council Work Session on December 15, 2004, this item was brought before Council to
receive direction on these issues. At that meeting Council directed Staff to do the following two
items.
1. Contact the property owner of Rose Terrace apartment building to inform them that
Council would only consider extending utilities at this time if the owner would fund
100% of the extension. If the owner agrees to fund 100% then Council would review
the possible long -range planning ramifications with adjoining property owners. Staff
follow -up included sending a letter and phone calls to Wenzel Properties, the owner of
Rose Terrace, explaining Council's direction. To date, Wenzel Properties has not
replied to the letter or phone calls.
2. Contact the property owners located on 132n Court to determine if there is any interest
to extend sanitary .sewer and watermain at the same time improvements are being
made to County Road 38. Staff follow -up included inviting all property owners along
132 Court and also property owners along County Road 38 to an open house forum
with a roundtable discussion explaining the possible extension of utilities. This open
house will occur prior to the Council Work Session. Staff will be prepared to inform
Council of the residents' comments and concerns.
Staff respectfully requests Council direction on these issues for incorporation into the final
feasibility report.
2
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AGENDA ITEM: Receive Feasibility Report/Set Public
Hearing- County Road 38 (Bonaire Path) Trunk Highway 3 to
East Tract Line of Reflections Street Utility Improvements,
City Project #393
AGENDA SECTION:
Consent
PREPARED BY: Andrew J Brotzler, P.E., City Engineer
I Thirrei
ATTACHMENTS: Resolution, Feasibility Report, Letter
APPROVED BY: n,
RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION RECEIVING THE
FEASIBILITY REPORT AND SETTING A PUBLIC HEARING FOR THE COUNTY
ROAD 38 (BONAIRE PATH) TRUNK HIGHWAY 3 TO EAST TRACT LINE OF
REFLECTIONS STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #393
ACTION:
BACKGROUND:
CITY OF ROSEMOG T
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: February 1, 2005
On November 3, 2004 the Rosemount City Council authorized the preparation of a
Feasibility Report for County Road 38 (Bonaire Path)(CR 38) Street and Utility
Improvements. This project has been designated as City Project No. 393.
The feasibility study for this project has been before Council at previous work session
meetings to discuss policy considerations regarding the extension of City services to
properties. At the last Council work session, on January 12, 2005, the direction given to
Staff was to omit proposed improvements to 132 Court, provide future expansion of
sanitary sewer and watermain west of Trunk Highway 3 (TH3), and to research the
possibility of deferring assessments for the sanitary sewer and watermain services that
will be provided to properties directly accessing CR 38 as part of the proposed
improvements.
Since that meeting, the feasibility report has been updated to reflect the necessary
changes as directed by Council. Also, Staff has discussed with the City Attorney,
options that Council can consider for recovering project costs from benefited property
owners. Attached is a copy of a letter from the City Attorney that provides an overview
of options that the Council can consider to recover project costs. In the interest of
keeping the project on a schedule, it is recommended that Council receive the feasibility
report and set the public hearing for February 15, 2005. Prior to the public hearing, at
the February 9, 2005 work session, Council will have an opportunity to discuss the
options available for recovering project costs.
Attached, please find a copy of the Feasibility Report for County Road 38 (Bonaire
Path) Trunk Highway 3 to East Tract Line of Reflections Street and Utility
Improvements This project consists of the upgrading of existing CR 38 from TH 3 east
approximately 2,250 feet to the easterly tract line of the Reflections Development,
Utility improvements will consist of trunk and lateral sanitary sewer installation, trunk
and lateral watermain installation, and storm sewer installation. A brief review of the
proposed improvements and funding is as follows.
1. SURFACE IMPROVEMENTS
CR 38 is proposed for complete reconstruction as an urban section roadway with B424
concrete curb and gutter along a revised profile. The new road will be designed to meet
State Aid Standards for a 40 mile per hour roadway. It is proposed to be 42 feet in
width, and will include a 12 -foot wide thru /right turn lane in each direction and a 14 -foot
wide center left turn lane. An additional right turn lane is also proposed for construction
for eastbound CR 38 onto southbound Brockway Avenue. An eight -foot bituminous
path is proposed for construction on the south side of CR 38.
2. SANITARY SEWER
An 18 -inch PVC sanitary sewer trunk main is proposed for construction in CR 38 from
the intersection with Brockway Avenue west to TH 3, where it will be stubbed to the
north along the eastern TH 3 drainage ditch for future extension. An 8 -inch PVC lateral
main is proposed to be jacked west under TH 3 to 132 Street West. An 8 -inch PVC
lateral main is also proposed to extend east of Brockway Avenue to provide future
service to the properties located to the north and east of the proposed street
reconstruction. Sanitary sewer service stubs will be provided to the north at both
intersections with 132 Court for future extension.
3. WATERMAIN
A 16 -inch DIP trunk watermain is proposed for construction along the entire length of
CR 38 and across TH 3 as part of this project. Eight -inch DIP stubs will be placed to
the north at each intersection with 132 Court W. for future extension. A 16 -inch DIP
watermain will be stubbed to the north along the west side of TH 3 to provide for future
service to the north.
4. STORM SEWER
New lateral storm sewer will be designed and constructed along the entire length of the
project area. Local storm sewer stub pipes will be constructed to the north to drain an
existing pond area in the northeast corner of Trunk Highway 3 (TH 3) and CR 38 and to
drain an existing closed depression in the rear yard of one of the properties adjacent to
the project All storm sewers would meet State Aid and Dakota County Standards and
would be in accordance with the City of Rosemount's Comprehensive Stormwater
Management Plan.
County Road 38 (Bonaire Path)
Street and Utility Improvements
Fundin Summa
County Road 38
Dakota County
$658,200
PIN 34- 02010- 010 -06
Joseph B Pannkuk
$13,400
PIN 34- 02010 010 -09
William Bonita J. Rohr
$22,800
PIN 34- 44300- 100 -01
Todd R Hendry
$13,400
PIN 34- 44300 040 -02
Tracie L. Balsey
$13,400
PIN 34- 44300- 010 -02
Allan F Janet H. Fedlsein
$13,400
Sanitary Sewer Core Fund
$101,700
Waterman Core Fund
$208,400
Storm Sewer Core Fund
$82,300
City Street Capital Improvement Program (CIP)
$450,300
Total
$1,577,300
5. PROJECT COST AND FUNDING
The estimated construction cost for the CR 38 proposed improvements is $1,577,300
as shown in the following table:
The table shows the possible funding sources for the proposed improvements.
In accordance with Dakota County's cost participation policy, it is proposed that Dakota
County will pay for 55% of the roadway and storm sewer system improvements on CR
38. Properties along the north side of CR 38 with direct access on to CR 38 will be
assessed on a per -unit basis. According to the City's 2005 Fee Resolution, a per unit
rate of $4,000 is proposed to be assessed to benefiting properties. Additional
assessments are proposed for lateral sanitary sewer and watermain service. These
proposed assessments have been determined on a per unit basis The City Core
Funds would be utilized to fund the trunk sanitary sewer, storm sewer and watermain
extensions. The remaining cost is proposed to be funded by the City's Street CIP fund
and previous cash deposits by adjacent developers.
SUMMARY:
Staff recommends Council adoption of a resolution receiving the feasibility report and
setting the public hearing for the County Road 38 (Bonaire Path) Trunk Highway 3 to
East Tract Line of Reflections Street and Utility Improvements, City Project #393.
A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND
SETTING THE PUBLIC HEARING FOR THE
COUNTY ROAD 38 (BONAIRE PATH) TRUNK HIGHWAY 3 TO EAST TRACT LINE OF
REFLECTIONS STREET UTILITY IMPROVEMENTS
CITY PROJECT #393
WHEREAS, the City Council deemed it necessary and expedient that the City of Rosemount,
Minnesota, construct certain improvements, to -wit: City Project #393, County Road 38 (Bonaire
Path) Trunk Highway 3 to East Tract Line of Reflections Street Utility Improvements, in the City
as described in and in accordance with the feasibility report prepared by the City Engineer; and
WHEREAS, the City Council has been advised by the City Engineer that said utility and street
improvements, City Project #393 is feasible, and should best be made as proposed, and the City
Engineer's report to this effect has heretofore been received by Council, and filed with the City
Clerk on February 1, 2005; and
WHEREAS, the statute provided that no such improvements shall be made until the Council has
held a public hearing on such improvements following mailed notice and two publications thereof
in the official newspaper stating time and place of the hearing, the general nature of the
improvement, the estimated costs thereof, and the area proposed to be assessed, in accordance
with the law.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Rosemount accepts the
feasibility report for City Project #393 and places it on file.
NOW THEREFORE IT BE FURTHER RESOLVED, by the City Council of the City of Rosemount
that the public hearing be scheduled to consider City Project #393, County Road 38 (Bonaire
Path) Trunk Highway 3 to East Tract Line of Reflections Street Utility Improvements, to be held
on Tuesday, February 15, 2005 at 7:30 o'clock p.m. or as soon thereafter as possible, in the
Council Chambers of the City Hall.
ADOPTED this 1 day of February, 2005.
ATTEST:
Linda Jentink, City Clerk
Motion by: Seconded by:
Voted in favor
Voted against:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNES., i A
RESOLUTION 2005-
William H. Droste, Mayor
Kennedy
CLL-258220vI
RS215 -3
CH AR T E R ED
January 19, 2005
Andy Brotzler
City Engineer
City of Rosemount
2875 145 St. W.
Rosemount, MN 55068
470 U S. Bank Plaza
200 South Sixth Street
Minneapotu, MN 55402
(612) 337-9300 telephone
(612) 337 -9310 fax
hap.//www.kennedy-graven.com
CHARLES L. LEFEVERE
Attorney at Law
Direct Thal (612) 337 -9215
ematl clefevere@kennedy- graven.com
Re: Collection of Special Assessments for Sewer and Water Protect
Dear Andy:
You have asked for a letter describing the options available to the City to finance sewer and water
project costs by current or deferred special assessments.
The most common procedure, of course, is to require the payment of the costs of extending sewer
and water service to property through the collection of special assessments at the tune service is
provided The impact of such special assessments can be reduced by extending the term of
payment of the assessments.
State law authorizes special assessments to be deferred only in limited circumstances. One is
that special assessments on unimproved property may be deferred under Minn. Stat. §429.061,
Subd 2 In the case of improved property, the statutes authorize deferment of special assessments
only m the case of properties owned by senior citizens or disabled persons. Minn Stat.
§435.191
If a City Council decides that it does not want to collect the costs of such projects from benefited
properties at the current time, but wishes to collect at a later time, it may collect the charges as a
connection charge at the time the property is connected to sewer and water service. Ordinarily,
connection charges are unposed only to recover the costs incurred by the City m permitting and
overseeing the connection of the property to public facilities. However, State law authorizes
connection charges to be adjusted to take into consideration the payment (or non payment) of
special assessments at an earlier date. Specifically, Minn Stat. §444.075, Subd. 3, provides in
part that "Charges for connections to the facilities may in the discretion of the governing body be
fixed by reference to the portion of the cost of connection which has been paid by assessment of
Andy Brotzler
January 19, 2005
Page 2
the premises to be connected in comparison with other premises, as well as the cost of making or
supervising the connection
The disadvantage of collecting these charges as connection charges in the future is that the City
must carry the costs until connection In some cases, connection may not occur for a substantial
period of time, and may never occur unless connection is compelled by an ordmance or the water
or septic systems on the property fail
It is common for cities to require properties to be connected to sewer and water within a specified
time after service is made available to the property. It seems to me that such an ordinance serves
two purposes. The first is that connection to a municipal water supply and sanitary sewer system
protects the public health and environment. The second is that reasonably prompt connection to
the system will facilitate payment for both the construction and operation of the facilities.
If the City Council wishes to collect for the cost of the project through a connection charge, it
would be necessary to amend the City's connection charge policies and rates so that properties
that were not previously subject to special assessments would be required to pay those costs at
the time of connection.
Please let me know if you have any further questions.
Very truly yours,
Charles L. LeFevere
CLL peb
RS215 -3
cu.- 258220v1
AGENDA ITEM: County Road 38 TH 3 to East Tract
Line of Reflections, City Project #393
AGENDA SECTION:
Discussion
PREPARED BY: Andrew J. Brotzler, P. E., City Engin
r`
AGED 2
ATTACHMENTS: Letter from City Attorney
APPROVED BY:
NOTES: For Discussion Only.
1/
ISSUE:
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Work Session Date: February 9, 2005
Review and discuss the options available for recovering project costs from benefiting properties
along the project corridor.
BACKGROUND:
On November 3, 2004 the Rosemount City Council authorized the preparation of a Feasibility
Report for County Road 38 (Bonaire Path)(CR 38) Street and Utility Improvements and on
February 1, 2005 Council received the feasibility report and ordered the public hearing for
February 15, 2005. This project has been designated as City Project No. 393.
The feasibility study for this project has been before Council at previous work session meetings to
discuss policy considerations regarding the extension of City services to properties. At the last
Council work session, on January 12, 2005, the direction given to Staff was to omit proposed
improvements to 132 Court, provide future expansion of sanitary sewer and watermain west of
Trunk Highway 3 (TH3), and to research the possibility of deferring assessments for the sanitary
sewer and watermain services that will be provided to properties directly accessing CR 38 as part
of the proposed improvements.
Since that meeting, the feasibility report has been updated to reflect the necessary changes as
directed by Council. Also, Staff has discussed with the City Attorney, options that Council can
consider for recovering project costs from benefited property owners. Attached is a copy of a
letter from the City Attorney that provides an overview of options that the Council can consider to
recover project costs.
SUMMARY:
Staff respectfully requests Council direction for recovering project costs from benefiting properties
along the County Road 38 proposed improvements project.
Kennedy
CLL- 258220v1
R2215 -3
CH AR T E R ED
January 19, 2005
Andy Brotzler
City Engineer
City of Rosemount
2875 145 St. W.
Rosemount, MN 55068
U S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300 telephone
(612) 337 -9310 fax
htcp-//www.kennedy-graven.com
CHARLES L. LEFEVERE
Attorney at Law
Direct Dial (612) 337 -9215
email: clefevereGia kennedy- graven com
Re: Collection of Special Assessments for Sewer and Water Project
Dear Andy:
You have asked for a letter describing the options available to the City to finance sewer and water
project costs by current or deferred special assessments.
The most common procedure, of course, is to require the payment of the costs of extending sewer
and water service to property through the collection of special assessments at the time service is
provided. The impact of such special assessments can be reduced by extending the term of
payment of the assessments.
State law authorizes special assessments to be deferred only in limited circumstances. One is
that special assessments on unimproved property may be deferred under Minn Stat. §429.061,
Subd 2. In the case of improved property, the statutes authorize deferment of special assessments
only in the case of properties owned by senior citizens or disabled persons. Minn. Stat.
§435.191.
If a City Council decides that it does not want to collect the costs of such projects from benefited
properties at the current time, but wishes to collect at a later time, it may collect the charges as a
connection charge at the time the property is connected to sewer and water service. Ordinarily,
connection charges are imposed only to recover the costs incurred by the City in permitting and
overseeing the connection of the property to public facilities. However, State law authorizes
connection charges to be adjusted to take into consideration the payment (or non payment) of
special assessments at an earlier date. Specifically, Minn. Stat. §444.075, Subd. 3, provides in
part that "Charges for connections to the facilities may in the discretion of the governing body be
fixed by reference to the portion of the cost of connection which has been paid by assessment of
Andy Brotzler
January 19, 2005
Page 2
the premises to be connected in comparison with other premises, as well as the cost of malting or
supervising the connection."
The disadvantage of collecting these charges as connection charges in the future is that the City
must carry the costs until connection. In some cases, connection may not occur for a substantial
period of time, and may never occur unless connection is compelled by an ordinance or the water
or septic systems on the property fail.
It is common for cities to require properties to be connected to sewer and water within a specified
time after service is made available to the property It seems to me that such an ordinance serves
two purposes. The first is that connection to a municipal water supply and sanitary sewer system
protects the public health and environment. The second is that reasonably prompt connection to
the system will facilitate payment for both the construction and operation of the facilities.
If the City Council wishes to collect for the cost of the project through a connection charge, it
would be necessary to amend the City's connection charge policies and rates so that properties
that were not previously subject to special assessments would be required to pay those costs at
the time of connection.
Please let me know if you have any further questions.
Very truly yours,
Charles L. LeFevere
CLL:peb
RS215 -3
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