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HomeMy WebLinkAbout2.a. Consider Assessment Agreement for Community of Hope Lutheran ChurchCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: September 15, 2004 AGENDA ITEM: Assessment Agreement for Community of AGENDA SECTION: Hope Lutheran Church PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA NO: r • ATTACHMENTS: Correspondence from Community of Hope APPROVED BY: RECOMMENDED ACTION: MOTON TO ENTER INTO AN ASSESSMENT AGREEMENT, AS PREPARED BY THE CITY ATTORNEY, WITH COMMUNITY OF HOPE LUTHERAN CHURCH AND AUTHORIZE THE NECESSARY SIGNATURES. ACTION: BACKGROUND: Community of Hope Lutheran Church is proposing to construct a new facility located in the northwest quadrant of 145 Street and Biscayne Avenue. As part of the City approval of the project, the payment of City fees including trunk sanitary sewer, water and storm sewer area charges and other fees is required. The Church is intending to build the site out in two phases and has requested that the City consider deferring the payment of the full fees for the entire site until the second phase is built. Because trunk fees are typically collected for the entire site when a property is platted or a building permit issued, Staff is recommending that the full fees be assessed to the property rather than deferring a portion of the fees. This recommendation has been reviewed with the Church and determined to be feasible. Therefore, the City Attorney is preparing an Assessment Agreement for execution by the Church for the assessment of the following fees for a 5 -year period at an interest rate of 8 percent: ■ Trunk Sewer Area Fee in the amount of $8,421.46 ■ Trunk Water Area Fee in the amount of $33,270.97 ■ Trunk Storm Area Fee in the amount of $37,958.78 ■ Storm Connection Fee in the amount of $12,652.93 ■ Ponding Fee in the amount of $50,595.11 The Assessment Agreement will allow the City to assess the above fees to the property without the need for public hearings and will require the property owner to waive their rights to appeal the assessment. The final assessment agreement will be presented to Council at the meeting. All other fees including sewer and water connection fees and park dedication will be due at the time a building permit is issued in addition to the applicable building permit fees. SUMMARY: Staff recommends Council consideration and approval of the Assessment Agreement. � of .7e!nT; Clt City of Rosemount City Planning and City Engineering 2875 145' St. Rosemount, MN 55068 To Whom It May Concern, / / y My name is Per Nilsen. I am the pastor /president of Community of Hope Lutheran Church, Rosemount, MN. On behalf of Community of Hope, we have deeply appreciated the City of Rosemount's willingness to help facilitate our unique approach to land development, an approach that worked to balance our congregational needs and the City's long term interests in the property we presently own. We are in the midst of final preparations prior to closing on our construction loan and site work beginning. These final preparations include accessing proper city permits and paying city fees associated with the development of Community of Hope's property. This letter addresses fees we are being assessed, and requests that the payment of those fees be split between Phase 1 and future property development. (attached) Our desire is not to reduce the City fees. We want to fairly support the City's development. Our request is to split the fees by paying 50% in concert with Phase 1 and the remainder on future phases. We expect the construction of phase 2 to begin in 3 -5 years. The property we are addressing rests on the northwest corner of 145 St. and Biscayne, Ave. in Rosemount. The site plan approved by the City of Rosemount includes a total of 95, 436 square feet of building that will be constructed in three phases. It also includes 131,440 sq. ft. of asphalt installations and 12, 353 sq. ft. of concrete sidewalk installations. The primary argument for splitting the fee payment rests in the comparison of impervious surface, building size and overall improved land between phase 1 of our development and the total site plan. Here's a chart of comparisons: Phase 1 Total Site Plan Building size: 30,000 sq. ft. 95, 436 sq. ft. Asphalt Installations: 84,600 sq. ft. 131,400 sq. ft. Concrete Sidewalk: 9,800 sq. ft. 12,353 sq. ft. Total impervious: 124,400 sq. ft. 239,189 sq. ft. In addition, Phase 1 of our development plan leaves approximately 50 % of the site acreage completely undeveloped, even when you include landscaping. Most of the undeveloped land rests between the proposed building and parking lot and 145th St. There is a small portion of undeveloped land in the northwest corner of the lot. In a memorandum from Andy Aderhold dated March 3 rd (attached) the following fee estimates were given. Most fees are based upon calculations that use the entire property acreage as a multiplier. • Trunk Sewer Area Charges = 8.297 AC x $1015 /AC = $8,421.46 • Trunk Water Area Charge = 8.297 AC x $4010 /AC = $33,270.97 • Trunk Storm Area Charge = 8.297 AC x $4575/AC = $37,958.78 • Sewer Connection Fees — SAC units are calculated by MCES • MCES Fee = $1350 /SAC • City Fee = $1125 /SAC • Water Connection (WAC), 2 -inch meter = $12,155.00 • Storm Connection (STAC) = 8.297 AC x $1,525/AC = $12,652.93 • Ponding Fee = 8.297 AC x $6,098/AC = $50,595.11 In addition we will be assessed Park and Rec. fees of $36,450. The estimated total for the above fees is: $193,979.25. This cost is 8.33% of our total construction and architect cost (2.4 million). This percentage seems high. However, when weighted against the entire site plan the percentage becomes much more reasonable. This is another reason for requesting that 50% of the above fees be attached to future phases of our site development. Again, our desire is to develop "Hope Acres" in a manner that not only benefits Community of Hope, but benefits the City of Rosemount. To that end we will be installing a Biscayne Ave. sidewalk and have agreed to landscape along both Biscayne and 145 , even though our building frontage, at this stage of development, does not border on 145 We will continue to show flexibility in accommodating the City's requests. In this case, we are asking for the same flexibility in return. In summary, I am requesting that the City of Rosemount agree to split the total amount of the above fees with 50% being attached to Phase 1 and 50% being attached to future phases of our development plan. This would mean that our estimated payment to the City of Rosemount for Phase 1 of our development would be $96,989.63. Thank you for considering this request. K Pastor Per Nilsen Attachments: Copy of Aderhold Memo Copy of Approved Site Plan C O M M U N I T Y O F H O P E L U T H E R A N C H U R C H C0MME GENERAL INFORI CiPU Ci URa L A, pRO.ECT NMw A R C N I t E C T C I V I L E N O I N CE R c O N T R a c l O R C N O I N C E _p B PR06COCwO I . p i G. ].IMMG ANJ W l P T Y A O O Y 'C O L e T AND ; R S O N _ ANC -N I T i C 1 5 A S S D C 1 A i C S [ B U 1 L.0 C R S M - C A lOr e1EI RI N O U. C. PIFEx 9MCf c I 3." N; Uwaa„ St. M. xv1 tiov Drive. 542 O lit. aa08 l fan! OMn Rovtl 4261 Ix Caun F MO SURFACE Nam Lvov, 7 75 p—! H.12HN, N M $S /S' Sl. L.W. 55 Park• NN 11b Mn- Bri9Hlon, MN. 35112 Thhna: ffi7 -753 -1211 Pwaaa: b71 -8D1 -90x0 Ott—: 932 - 227 -6aDO Pwenn '7b3- 6!6-6867 _ APPLICABLE Ca A. 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PRO 4 1 0SE0 BINLDINC g 3' i 13 ' DEOICAND , ON- STAl.2 ADJACENT i I I�. i 8 R,O. w, Waile TO 11-0' A I sus ONLY SETRAON ' „ ✓i .� it , FU1lMfE :CXP!JISION .'� � { I IB I I 9 y I $i t• atK✓ .NU W1Fp TT 7 i ! '� „ I a N B W jj axNNl _ I 11`i I I I 1� y �>�\ ♦,5 I B' EMI Pa EMI. AI 3 _ AC E � PARKING SIGN I I I 130 P' i b\ j Roam Spv v �-, , At� KALE: 1 D PARKi $ I i AUT04AAC SPBI G I NpAMACNi SSI➢LE 1 1 oy7a'{lY I„ A M NFP IJ AV 13612 LLIR1 ?lP,� SiON' ' CUT, _SD._M w+ SEE PET- 1 /AI ' I I I � � i — — — =EE A /A1 (j�' I I I p. =O• -20. _— - -T -YO' WS LINE .,NBeZ2• I•w .. JAUMWI I me 7AAiit ExISTINCUTEITT 73J OA' ` S0974 -R PIKb N ['1RUCN POLEMICAL 145TH STREET WEST - �\ CRT' r"t MEMORANDUM DATE: March 3, 2004 TO: Kim Lindquist — Community Development Director Jamie Verbrugge — City Administrator Andrew Brotzler — City Engineer Dan Schultz — Parks and Recreation Director - Rick Pearson — City Planner CC: Greg Anderson — Anderson Builders Pat Qualley — Anderson Builders FROM: Anthony Aderhold, Project Engineer RE: Community of Hope Lutheran Church Upon review of the Community of Hope Lutheran Church site plans dated February 17, 2004 and received on February 27, 2004, the Engineering Department offers the following comments: • The grading plan contours should extend 200 feet beyond the proposed site boundaries or more to completely show the limits of a drainage basin. If the drainage basins do change the.hydraulic calculations will need to be updated to reflect this change. • A separate erosion control plan and restoration plan shall be provided. • An additional 17 feet of right -of -way along Biscayne Avenue will need to be dedicated. • Add the construction of a 5 -foot concrete sidewalk along Biscayne Avenue from the north property line south to 145' Street to the plan. An easement will need to be provided around the Northern Natural Gas substation for the construction of the 5- foot concrete sidewalk. • On existing structures the invert and casting elevations should be shown. • It appears the proposed 970 contour ties into the existing contour twice in the southwest corner of the parcel. This should be verified. \ \Server\shareMer\Back -up 081604 \COH Land \City Fees.doc • The proposed grading /contours should be shown for the future extension of the parking lot and building. In the area where the parking lot won't be constructed immediately, MH #1, and #2, should have open'grate castings to allow for drainage with silt fence or some other erosion barrier to prevent sediment from entering storm sewer system. • A rock construction entrance should be provided at the south entrance onto 145 Street also. • The utility plans should specify RCP for the storm sewer. • A grading permit will be required with a bond at $3000 per acre. • Owner /Contractor shall be responsible for acquisition of NPDES Stormwater Permit. • Estimated fees for the site are as follows: • Trunk Sewer Area Charges = 8.297 AC x $1015 /AC = $ 8,421.46 • Trunk Water Area Charge = 8.297 AC x $4010 /AC = $33,270.97 • Trunk Storm Area Charge = 8.297 AC x $4575/AC = $37,958.78 • Sewer Connection Fees — SAC units are calculated by MCES ■ MCES Fee = $ 1350 /SAC ■ City Fee = $ 1125 /SAC • Water Connection (WAC), 2 -inch meter = $ 12,155.00 • Storm Connection (STAC) = 8.297 AC x $1,525/AC = $12,652.93 • Ponding Fee = 8.297 AC x $6,098/AC = $50,595.11 If you have any questions or comments regarding the items listed above, please contact me at 651- 322 -2022. \ \Server\shared\Per\Back -up 081604 \COH Land \City Fees.doc MEMORANDUM TO: Honorable Mayor and Council Members Jamie Verbrugge, City Administrator FROM: Andrew J. Brotzler, P.E., City Engineer DATE: September 15, 2004 RE: Assessment Agreement for Community Hope Lutheran Church Please find attached for your review and consideration a copy of the proposed special assessment agreement for the Community of Hope Lutheran Church property located in the northwest quadrant of Biscayne Avenue and 145 Street. As previously outlined, the Church has requested that City fees associated with the development of the property be assessed rather than paid with the building permit. An executed copy of the agreement has been received from the Church. H:\091504.ccmemo.doc SPECIAL ASSESSMENT AGREEMENT This Agreement is made this _ day of , 2004, by and between the City of Rosemount, a Minnesota .municipal corporation ( "City "), and Community of Hope Lutheran Church, a non -profit corporation, organized under Minnesota Statutes, Chapter 317A ( "Landowner "). WITNESSETH WHEREAS, Landowner is the owner of property legally described on Attachment One, which is hereby made a part hereof ( "Subject Property"); and WHEREAS, Landowner wishes to develop the Subject Property; and WHEREAS, the ordinances, rules and policies of the City require, upon such development, the payment of certain charges and fees for assessable public improvements that have been constructed, or will be constructed in the future; and WHEREAS, such fees and charges include the following: Trunk Water Area Charges: $ 8,421.46 Trunk Water Area Charges: 33,270.97 Trunk Storm Area Charge: 37,958.78 Storm Water Connection Fees: 12,652.93 Storm Water Ponding Fee: 50,595.11 ( "Public Improvement Fees "), among others; and WHEREAS, the ordinances, rules and policies of the City require that such fees be paid at the time of issuance of a building permit; and WHEREAS, Landowner has requested that the Public Improvement Fees be deferred and paid as hereinafter provided by the levy of special assessments; and CLL- 252982v1 RS215 -4 5 WHEREAS, City is willing. to levy such special assessments in lieu of the current payment of Public Improvement Fees, at the behest of the church, and on the terms and conditions hereinafter set forth. NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. Landowner agrees that the Public Improvement Fees are lawful and proper fees, payable by the Landowner to the City in connection with the development of the Subject Property, and that it will pay such fees when due in accordance with the terms of this Agreement. Landowner will pay all other City fees and charges, not specifically enumerated above as Public Improvement Fees, in accordance with the ordinances, rules and policies of the City. 2. Landowner requests, for its benefit, the levy of special assessments in accordance with the terms of this Agreement, in lieu of the collection of Public Improvement Fees at the time of issuance of a building permit for development of the Subject Property. Landowner waives notice of hearing and hearing on the levy of special assessments and requests that special assessments be levied by the City without a public hearing. Landowner waives the right to appeal special assessments levied in accordance with this Agreement, pursuant to Minnesota Statutes, Section 429.081, or otherwise. 3. City will levy special assessments in the total principal amount of One Hundred Forty -Two Thousand Eight Hundred Ninety -Nine and 25/100 Dollars ($142,899.25) against the Subject Property. Special assessments will be certified to Dakota County in 2004 for payment commencing in 2005, will be paid in equal annual principal installments over five (5) years, and will bear interest at the rate of 8% per annum from the date of the resolution adopted by the City levying the special assessments. 4. Landowner agrees to pay Public Improvement Fees, or any unpaid principal balance thereof, to the City within thirty (3 0) days of any determination by a court of competent jurisdiction that the special assessments provided for herein are, for any reason, unenforceable or uncollectible. 5. It is the intent of the parties that this Agreement be recorded with the Dakota County Recorder against title to the Subject Property. In the event that, for any reason, this Agreement is not accepted for recording, the parties agree that they will execute such other or additional documents as are needed to effect the recording hereof. 6. This Agreement shall run with the land of the Subject Property and bind the Landowner, its successors and assigns. 7. The parties hereto, by their authorized representatives, hereunto set their hands as of the day and date first above written. CLL- 252982v1 2 RS215 -4 A t CITY OF ROSEMOUNT STATE OF MINNESOTA ss.. COUNTY OF DAKOTA By: Its Mayor And by: Its Clerk On this day of , 2004, before me, a Notary Public within and for said County, personally appeared William Droste and Linda Jentink to me personally known, who being by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation. Notary Public COMMUNITY OF HOPE LUTHERAN CHURCH Its And by:_ Its STATE OF MINNESOTA ss.. COUNTY OF DAKOTA On this day of , 2004, before me, a Notary Public within and for said County, personally appeared and to me personally known, who being by me duly sworn, each did say that they are respectively the and of the Community of Hope Lutheran Church, a Minnesota corporation, on behalf of the corporation. CLL- 252982v1 RS215 -4 Notary Public 3