HomeMy WebLinkAbout6.j. Receive Petition/Order Feasibility Report - McNamara Addition Street & Utility Improvements, City Project #282 , � CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: March 18, 1997
AGENDA ITEM: Receive Petition/Order Feasibility Report AGENDA SECTION:
McNamara Addition Street & Utility Improvements, City Consent
Project #282
PREPARED BY: Bud Osmundson AGEND�p� � �
City Engineer/Public Works Director �° �
ATTACHMENTS: Resolution, Petition and Waiver APPROVED BY:
A reement
The City received a petition and waiver agreement for public improvements in the
proposed McNamara Addition from Chippendale/42 Partnership when an executed
Subdivision Agreement was delivered to the City this past week. The final plat was
approved for the Addition at the last Council meeting.
At this time Staff is requesting Council to order the Feasibility Report for the public
improvements necessary to provide City services to this subdivision. It will include
sanitary sewer, watermain, drainage facilities and street improvements.
WSB will be the consulting engineer used on this project. This project has been
designated City Project #282.
RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION RECEIVING PETITION AND
ORDERING A FEASIBILITY REPORT FOR McNAMARA ADDITION STREET AND UTILITY
IMPROVEMENTS, CITY PROJECT #282.
COUNCIL ACTION:
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1997 -
A RESOLUTION RECEIVING PETITION AND ORDERINC FEASIBILITY REPORT FOR
McNAMARA ADDITION STREET AND UTILITY IMPROVEMENTS
CITY PROJECT # 282
WHEREAS, the City Council of the City of Rosemount has received a petition requesting
imporvements to provide public sanitary sewer, water, storm drain and streets necessary
for the McNamara Addition from the developer and property owners of the McNamara
Addition.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount as
follows:
(1) the aforesaid petition represents 100% of the owners of the affected property;
(2) the property owner requests in the petition that the improvements be constructed
and that the entire cost for their share less the City's share of the cost of the
improvement be assessed against the property;
(3) the aforesaid petition is approved and placed on file.
(4) the City's Consulting Engineer is directed to prepare the necessary Feasibility
Report for the McNamara Addition Street and Utility Improvements, City Project
#282.
ADOPTED this 18th day of March, 1997.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
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PETI'i'ION :�ND WAIVER AGREEMENT
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THIS AGREE\�IENT made this 7�day of k�H 1997, by and between che Ciry
of Rosemount, a Minnesota municipal corporation (the "Ciry"), and Cluppendale 42 Partnenhip,
a i�linnesota general partnership, having the address of 1505� Chippendale Avenue South. P.O.
Box 439, Rosemount, Minnesota 5�068 (hezeinafter collectively referred to as the "Owner");
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property")
located in the City, and legally described in Attachment One which is hereby made a part hereof;
and
WHEREAS, the Owner desires to plat and develop the Subject Property and has applied
to the City for approval of a plat and planned unit development (PUD) pursuant to the City's
Code of Ordinances; and '
WHEREAS, the development of the Subject Property will require the construction of ��
certain public improvements, including storm drainage improvements, street, curb and gutter,
watermain, sidewalk and trails, and sanitary sewer improvements (the "Improvement Project"),
which aze necessary to allow development of the Subject Property as desired by the Owner and
as required for the approval of the plat and PUD by the City; and
WHEREAS, the Owner wishes the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project,and without notice of hearing or hearing
on the special assessments levied to finance the Improvement Project, and to levy 100 percent
of the cost of the Improvement Project against the Subject Property; and
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WHEREAS, the Ciry is willing to construct the Improvement Project in accordance with
the request by the Owner and without such notices or hearings, provided the assurances and
covenants hereinafter stated are made by the Owner to ensure that the City will have valid and
collectable special assessmenu as they reiate to the Subject Property to finance the cost of the
Improvement Project; and
WHEREAS, were it nat for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project without such notices and hearinas and is doing so
solely at the behes� and for the benetit. of the Owner;
NOW, THEREFORE, ON THE BASIS OF THE �NTUAL COVENANTS AND
AGREE�:VTS HEREINAFTER PRO�IDED,IT IS HEREBY AGREED BY A��D BETWEEN i,
THE PARTIES HERETO AS FOLLOWS: ''
1. The Owner hereby petitions the City for construction of the Improvement Project
as generally shown on Attachment Two which is hereby made a part hereof.
2, The Owner represents and warrants that it is the owner of 100 percent of the
Subject Property, that it has full legal power and authority to encumber the
Subject Property as herein provided, and that as of the date hereof, it has fee
simple absolute title in the Subject Property, which is not subject to any liens,
interests or encumbrances, e:ccept as listed on Attachment three attached hereto
and made a part hereof.
3. The Owner requests that 100 percent of the cost of the Improvement Project be
assessed against the Subject Propezty. The Owner understands and agrees that the
cost of the Improvement Project will be determined in accordance with Minnesota
Statutes, Chapter 429 and standazd city practices and that such cost may be as
much as Four Hundred Fifty Thousand Dollars (�450,000). Owner understands
that the cost of the Improvement Project is subject to increases in construction
costs occurring between the date of this Agreement and construction of the
Improvement Project, and agrees that the cost stated in the preceding sentence will
be increased in accordance with project cost increases as reflected in the
Construction Record Index. Special assessments shall be spread in accordance
with standard city assessment practices against the Subject Property exclusive of
public right-vf-way or land dedicated to the public at the present time or upon
future subdivision of the Subject Property.
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R522o-20
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4. The Owner waives notice of hearing and hearing pursuant to �tinnesota Statutes,
section 429.03 l, on the Improvement Project and notice of hearing and hearing on
the special assessments levied to finance the Improvement Proj�ct pursuant to
Minnesota Statutes, section-1''9.061 and specifically requests that the Improvement
Project be constructed and special assessments levied a�ainst the Subject Property
therefor without hearings.
5. The Owner waives the right to appeal the lew of special assessments in
accordance with this A�eement pursuant to vtinnesota Statutes. section 429.081,
or reapportionment thereof upon Iand division pursuant to Minnesota Statutes.
section 429.071, subd. 3, or otherwise, and further specifically agrees with respect
to such special assessments against the Subject Properry or reapportionment that:
a. Any requirements of vlinnesota Statutes, Chapter 429 with which the City
does not comply are herebv waived by the Owner;
b. The increase in fair market value to the Subject Property resulting from
construcrion of the Improvement Project will be in an amount at least
equal to the total cost specified in paragraph 3 above, and that such
increase in fair mazket value is a special benefit to the Subject Properry;
c. Assessment of 100 percent of the cost of the Improvement Project against
the Subject Properry is reasonable, fair and equitable and there aze no other
properties against which such percent of costs should be assessed; and
d. The Owner further specifically waives notice and right to appeal
reapportionment of such special assessments upon land division pursuant
to Minnesota Statutes, section 429.071, subd. 3.
6. The Owner understands and agrees that the City may provide for the payment of
such special assessments in installments bearing such interest as may be
determined by the city council. However, the decision regarding the period of
time over which the special assessments may be paid and the interest rate to be
applied is in the absolute and sole discretion of the city council, subject only to
limitations imposed by law.
7. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and
bind all successors in interest thereof. It is the intent of the parties hereto that this
Agreement be in a form which is recordable among the land records of Dakota
County, Minnesota and they agree to make any changes in this Agreement which
may be necessary to effect the recording and filing of this Agreement against the
title of the Subject Properry.
8. This Agreement shall terminate �pon the final payment of all special assessments
levied against the Subject Property regarding the Improvement Project, and the
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City shall execute and deliver such documents, in recordable form, as are
necessary ta extinguish its rights hereunder.
9. The Owner giants a11 rights of entry and temporary easements over the Subject
propezty wiuch are necessary to consaruct the Improvement Project.
IN WITNESS WHEREOF, the parties have set their hands the daY and year first written
above.
CITY OF ROSEvtOUNT
By
Cathy Busho, s :�Iayor
By
S Walsh, Clerk
CHIPPENDALE 42 PARTNERSHIP
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STATE OF �IINNESOTA )
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COUNTY OF DAKOTA )
The foregoing insuument was acknowiedged before me this�' ~day of ��Cl rC{�-� .
199�, by Cathy Busho and Susan Walsh, respectively, the Mayor and Clerk of the Ciry of
Rosemount, Minnesota, a Minnesota municipal corporation under the laws of the state of
Minnesota, on behalf of the City. '
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The foregoing ins�ument was acknowledged before me this � day of ��1��'1 ,
199�,by and ,the and
, respectively, of Chippendale 42 Paraiership, a Minnesota general
partnership, on behalf of the partnership.
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MY COMANSSION E%PMIES 1�11-00
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ATTACHMENT 1 ,
Legal Description !
McNamara Addirion, City of Rosemount, Dakota County, Minnesota
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ATTACHMENT 2
PUBLIC IMPROVEME�VTS FaR MclYAMARA ADOITION
The foilowing pubiic uviities and streets are to be consvucted per the City Guidelines
and Poiicies in plac� at the time of final piat approval by the Rosemount City Councii.
A Feasibiiity Report will be completed which wiil describe these'impravements in more
detaiL
A. STRE�TS
1. 151 st Strest from St�annon Parkway easterly to a point just east of the
Waigreens and Daycare Center sites driveway, as a minimum. Tiiis
public street wiil be consvucted to a minimum of 40' wide within an 80'
platted right-of-way.
2. The improvements to Shannon Parkway wiil include a concrete median
to delineate turn lanes, from CSAH 42 to 151 st Sveet. This median
construction will require the widening of Shannon Parkway. This
construction wiil include removal and repiacement of concrete curb &
gutter and bituminous patching and/or overlaying as required.
3. All the necessary appurtenances to the above improvements are required
inciuding signal light modifications, street lights, signage, sodding, etc.
B. SANITARY SEWER
1. Sanitary sewer will be constructed from Claret Avenue extension
through the westeriy multi-family area (Outlot E) south of 151 st Sueet
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and wiil provide sanitary service to the Waigree s y
lus the buiidin site ad'acent and to the east of these two sites north
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of 151 st Street as described in the PUD.
C. WATERMAIN
1. A 12" watermain will be constructed on 151 st Street to the easterty
terminus. A 12" main will also be constructed from 151 st Street
northerly to ihe Walgreen site and stubbed easterly off the Walgreen
site. There will be City participation for only the 151 st Street segment
which will be '/� of the oversi2ing from an S" to 12".
D. STORM DRAINAGE
1. Catch basins are required in the Walgreens parking lot. Storm drainage
facilities will be constructed southerly through the Daycare sixe and
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ATTACHMENT 2
MciYAMARA ADDITION
151st Street to the 0'Leary's Hiiis pond. Extensians wiii be necessary
fo� the futu�e Daycare site and the multiple family site. This sto�m drain
system wiil be sized fo� a 10 year design storm fo� the Walg�esns,
Daycare site, 151 st Strest and the muiti-family site and aligned to the
Deveiopers request.
E. SiDEWALK AND TRAILS
1. 5' concrete sidewalks wili be instalied on both sides of 151 st Strest to
the easteriy terminus.
2. The bituminous traii aiong Shannon Parkway will be required to be
relocated due to tfie widening of Si�annon Parkway.
3. The Developer wiil be responsible for either providing an escrow far the
cosi of an 8' wide sidewalk on ihe north side of the Walgreen site,
south of CSAH 42, or having that instailed with the project.
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