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.
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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
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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.
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• 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.
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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
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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.
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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