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Home My WebLink About4.j. Receive Petition - CMC CSAH 42 Turn Lanes .- A CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: August 2, 1994 AGENDA ITEM: Receive Petition - CMC CSAH 42 Turn AGENDA SECTION: Lanes New Business PREPARED BY: Bud Osmundson AGENDA ��EM � " � City Engineer/Public Works Director �.t. ATTACHMENTS: Petition, Resolutions APPROVED BY: The City Staff has received a petition from CMC Heartland Partners for public improvements including the turn lanes necessary for access on CSAH 42. Other improvements woutd include the extending of water and sewer lines to the north side for service. This petition will cover the improvements that are scheduled to be completed under City Project #256, the Rosemount Business Park Improvements. The first resolution receives CMC's petition. Per Bond Counsel Briggs and Morgan, the Port Authority petition for improvements to the Business Park which was received at the special meeting on June 10, 1994, and CMC's petition for improvements, will satisfy legal requirements for a public improvement without a public hearing since the petitions represent 100% of the benefitted property. The total low bid for construction was $1,014,884 for City Project #256. After adding legal, engineering, administration and finance (total of 30%), plus a contingency (5%), the total project cost is estimated to be S 1,385,317. The breakdown for responsibility of cost, and therefore the pending assessments, are as follows: Water Core Fund 526,500 Port Authority-Business Park 51,214,657 CMC Heartland Ptns. S 144,160 By passing the second resolution, the project is ordered and the pending assessments are set for Project #256. Staff recommends that Council adopt the motions as stated. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION RECEIVING PETITION FROM CMC - CSAH 42 TURN LANES, ROSEMOUNT BUSINESS PARK, PHASE 1, CITY PROJECT #256. MOTION TO ADOPT A RESOLUTION FOR THE APPROVAL AND ORDERING OF THE ROSEMOUNT BUSINESS PARK, PHASE I IMPROVEMENTS, CITY PROJECT #256. COUNCIL ACTION: 4 1 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1994 90 A RESOLUTION RECEIVING PETITION ROSEMOUNT BUSINESS PARK, PHASE 1 IMPROVEMENTS CITY PROJECT #256 WHEREAS, the City Council of the City of Rosemount has received a petition from the CMC Heartland Properties, property owners adjacent to CSAH 42 where improvements are being undertaken known as City Project No. 256, Rosemount Business Park, Phase 1 Improvements, the proposed improvements benefitting the CMC property NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount as follows: ADOPTED this 2nd day of August, 1994. ATTEST: (1) the property owner requests in the petition that the improvements benefitting their property be constructed and that the entire cost for their share Tess the City's share of the cost of improvement be assessed against the property; (2) the aforesaid petition is approved and placed on file. Su an M. Wals City Clerk E. B. McMenomy, Mayor Motion by: McMenomy Seconded by: Wippermann Voted in favor: Wippermann, McMenomy, Staats, Busho, Anderson Voted against: None. 1 1 1 ADOPTED this 2nd day of August, 1994. ATTEST: us: n M. Wals City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1994 91 A RESOLUTION FOR THE APPROVAL AND ORDERING THE IMPROVEMENTS FOR ROSEMOUNT BUSINESS PARK PHASE 1 IMPROVEMENTS CITY PROJECT #256 WHEREAS, the City Council of the City of Rosemount has received a petition from the Rosemount Port Authority concerning the improvements for the first phase of the Rosemount Business Park, City Project No. 256; and WHEREAS, the City Council of the City of Rosemount has received a petition from CMC- Heartland Partners concerning their share of improvements of City Project No. 256; and WHEREAS, State Statutes allow the City to proceed with the proposed improvements of Project No. 256 through the Chapter 429 process without a public hearing since petitions have been received representing 100% of the benefiting properties. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount as follows: 1. The improvements described as Rosemount Business Park, Phase I Improvements, City Project No. 256, which were previously approved and ordered by the Rosemount Port Authority are ratified and are now approved and the Project ordered. 2. The City share of the cost of Project No. 256 is estimated to be $26,500 which is to be funded by the Watermain Core Fund. 2. The remainder of the cost of the Project shall be paid by assessments against the benefitting properties, which are pending assessments as follows: P.I.D. No. 34- 03210- 010 -01 Port Authority $1,214,657 P.I.D. No. 34- 03700 010 -65 CMC- Heartland Partners $144,160 E. B. McMenomy, Cr /C/74/ 1 Motion by: McMenomy Seconded by: Wippermann Voted in favor: Wippermann, McMenomy, Staats, Busho, Anderson Voted Against: None. Proj. # G- �� CITY OF ROSEMOUNT PETITiON FOR LOCAL IMPROVEMENTS To the City Councii of Rosemount, Minnesota: We, the undersigned, being the owners of ali of the real properry legaliy described as foifows A parcei of land that is part of the southeast quarter (SE 1/4) of section 29, T115, R19 lying east of the centeriine of the Chicago, Miiwaukee and St. Paul raiiroad and excepting the Grief Bros. parcei in the northwest corner of the parce! hereby petition the city counc1 to undertake without pub(ic hearing under Minnesota Statutes, Saction 429.03�, the following improvements for such property: Entrance turn lanes to Eas�bridge to and from County Road 42 and the extension of sanitary and storm szwers and water service to a point northerly of the right oT way line of the Eastbridge site at or near the entrance. It is a5reed petitioning Owner will pay for the construction and related project costs for work as described above and detailed in the Pfans and Specifications for Public Improvement Project No. 250. The undersigned further petitions the City Council to undertake without public hearing the construction of watermain improvements along County Road 42 from the railroad tracks easterly to the Eastbridge enirance. Petitioning Owner agrees to pay one half (1/2) of the cost of such watermain improvement, provided such costs are calculated by using the cost of an equivalent 12 inch diameter watermain. Notwithstanding the above, petitioning Owner shall not be obligated to pay such improvement costs unless Owner approves the cost of such improvements (on a guaranteed not to exceed basis) in writing prior to the commencement of the construction of said improvements. Signature of Ow r Address Date � CNfC Heartland Partners June LC� 1994 547 West Jackson Blvd. Suite 1510 Chicago, Illinois 60661 For City Use Only . , ��, '^ '' J G_ Date Rec'd: � ' ��~- "� ' gy: �='��1 . To Council: � �— � . . . � C �� - � CITY OF ROSEMOUNT "TM "A" Z875- 145th Street West ?.0.Box�10 Ever thin s Comin U Rosemount!! Rosemo�n:,MN Y 9� 9 P 55068-0510 Ph,on=:612-4Z 3-4411 . Fax:512-423•5203 July 13, 1994 Gien Sexton CMC Heartland Partners 547 West Jackson Bivd, Suite 1510 Chicago, IL 60661 Re: CMC Petition for CSAH 42 Turn Lanes and Utilities City Project #256 City of Rosemount, Minnesota Dear G1en: Attached is a copy of an City Council agenda item Executive Summary which would receive the petition from CMC Heartland Partners for the Public Improvements including the turn lanes and utilities necessary for the access at CSAH 42. These improvements are to be compfeted under City Project #256, the Rosernount Business Park per CMCs positive response. A month ago the Staff was under the impression the Port Authority would be the private developer of the Rosemount Business Park and, therefore; would pay for the associated improvements under City Project #256 as a private project. Working under that concept, CMC was asked to escrow 58,500 for the engineering for the design of the CMC improvements under that project. tt was anticipated that the construction cost of the improvements, which was estimated at S 1 10,000, would be paid directty from CMC to the Port Authority to pay for the CMC improvements. This situation is not unlike a mutual agreement between two developers to pay for improvements. However, when the Port Authority. representatives met with bond counsel, Briggs & Morgan, Staff was advised that the Business Park Improvements should be paid for through special assessrnents against the property benefiting from the improvement. In this case, therefore, this project would become what is referred to in Minnesota as a Chapter 429 or Public Improvement project. Minnesota Statutes allow that the project can become a public improvement and can be ordered by City Council without a public hearing if the petitions representdng 100% of the benefiting property are received by Council. In this case, the Port Authority and CMC would benefit from the proposed improvements which would be constructed under City Project #256. � .:.� , CSAH 42 Turn Lanes and Utiiities The City Councii took action recently which gave the go ahead to City Project #256 for the Business Park. The CMC improvements are included in that bidding and can be deleted or completed under that Project. With the action taken by Council, this Project becomes a Public Improvemsnt Project and the policies and procedures for Public Improvement Projects must be followed. In this respect, the total project cost would be assessed to the benefiting properties. These project costs include the construction costs plus iegal, engineering, administration and finance plus a contingency. The estimated total project cost for City Project #256 is S 1 ,385,317.�0. This total project cost would have the following breakdown in responsibility: Water Core Fund 526,500 Port Authority Business Park S1 ,214,657 CMC Heartland Partners 5144,160 The Business Park and CMC Properties would then have a pending assessment of those total amounts, if CMC wishes to go through with their portion of the project. What the City woutd like is a letter from CMC acknowledging that these costs are to be assessed and then this petition will be taken to City Council for action. After Council action, the pending assessments against the CMC Heartland Partners would be of record. If CMC does not approve this action, the proposed CMC improvements under City Project No. 256 will be deleted from that contract. Thank you for your patience and understanding in this process. I apologize for any confusion which may have arisen from the change in direction for City Project #256. However, Staff feels the bids received were excellent and that the breakdown is very fair for the benefiting parties. Thank you for your prompt attention to this matter. Please call me at (612> 322-2025 if you have any questions. Sincerely, � .,'•-�' Bud Osmundson, P.E. City Engineer/Public Works Director cc: Tom Burt, City Administrator Ron Wasmund, Community Development Director Rick Pearson, Assistant Planner John Miller, Economic Development Coordinator John Lamoureaux Z T.1� �� '� : t��..'-'1=c�1 �_�•��_ Hc�RTLwPiG F'.._ . . C1V�C HEARTLAI�D PA.RTNERS Gf7 Wesi lackson 8oulcva{d• 5uite lS1U•Chi�aga,Illinois W)661 312+?9�-O�WQ Cira�t'�tail Tu; P.O.1)ox ti20:•Chic.go.111inois b0630-ti?OS r•nx311•663-9397 July 26, ��94 I1�Ir. F3ud 4smundson, I'.E. City of R�semount 2875 - 145th Strezt West �'.O. Box 510 Rosemount, Minnesota 550b8-Q510 Re: CMC Petition for CSAH 42'Y`ur�n Lanes and Y.Its�ities. City Project #256 City �[Ras��xc�uY�t, Minnesot,a L�ear Mr. Osmundson: I �vrite with reference to your July 13, 1994 correspondcncc to Glen Sexton of CMC �-�varc;and Partners. please be advised that CNCC Heartland Partners has nn objection to t'�L City qf Ros�mqur,t assessing the cost o� City Project #2,56 to the ben�fitted properti�s ir; �c�.crJance ti�✓ith your July 13, 1994 carrespondence. If you have any questivns ar need any further xz�formation, plcase d� not �iesitate to contact the uncicrsi�ned. Sincerely, i/�, , ----'"'"` ; ,.-. 1 ��.• � . . . . � . . �Vayi�e . el�x.no Vice Presjd�� - Development G� rose!c1ty.726 . cc: Tom Burt � � � C i TY O F RO S E M O U N T z875 C145th St eet West P.O,Box�10 EVeC 1'�'liCl s Comin U ROS21rlOui'1t!! Rosemount,MN y g� g p 55068-0510 Phone:612-423-4411 � Fax:612-423-52a3 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE BISCAYNE AVENUE IMPROVEMENTS CITY PROJECT #249 STATE OF MINNESOTA ) COUNTY OF DAKOTA ►ss. CITY OF ROSEMOUNT ► � Susan M. Walsh, being first duly sworn, deposes and says: I am a United States Citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On July 21, 1994, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding Biscayne Avenue Improvements, Project#249, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses Jisted with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. ,: � �� , � �.: Su an M. Wals ity Clerk City of Ro emount Dakota County, Minnesota Subscribed and sworn to before me this �� St day of July, 1994. . . �„ .CINDY DORNIDEN C/� '„. � � NOTARY PUBLIC—iN1NNESOTA ,/ t� DAKOTA CAUNTY � �� n�co�n,,.��rwo.�s.�sss tary Pu lic ,. . r.mred on;ecrcled Pape,� containinA 30% � . � . .� �'consumermaterials. . � � - � : � �� C1TY HALL � � �� C 1 TY O F RO S E M O U N T � �z8��5-,45tn st�eet West � � � ,��°` P.O.Box�10 �'� Rosemount,MN Everything's Coming Up Rosemount!! 55a6a-o5�o � �� . � � Phone:61�2-423-4411 , � �� ,��,;_�� fax:�612-423-5203 � PUBLIC NOTICE NOTICE OF PUBLIC HEARING ON IMPROVEMENTS BISCAYNE AVENUE IMPROVEMENTS C1TY PROJECT #249 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount, Minnesota will meet at 8:00 o'clock p.m. or as soon thereafter as possible, Tuesday, August 2, 1994 in the Council Ghambers of the City Hall, 2875 145th Street West, to consider the following improvements: Project #249 - Biscayne Avenue Improvements The nature of improvements shall include the construction of sanitary sewer, watermain, storm drain and street construction including grading, bituminous, paving, concrete curb & gutter, lighting and appurtenant work. The total estimated cost of said improvements is $2,400,000.00. The area proposed to be assessed for the foregoing improvements wilt generally be described as That part of Section 28, T115N, R19W which includes Property Identification Numbers: 34- 02810-010-25; 34-02810-010-37; 34-02810-010-32; 34-80050-011-00 - (Outlot A, University Addition); 34-80050-020-00 (Outlot B, University Addition}; 34-80050-030-00 (Outlot C, University Addition); 34-41200-010-00 Lot 1, Kane Place); 34-41200-080-00 (Lot 8, Kane Place); That part of Section 29, T115N, R19W, which includes Property Identification Numbers: 34-03700-030-00 (Lot 3, Auditors Sub. No. 1); 34-03700-024-00 (Part of Lot 2, Auditiors Sub. No. 1); 34-03700-026-00 (Part of Lot 2, Auditors Sub. No. 1); 34-03700-061-00 (Part of Lot 2, Auditors Sub. No. 1); 34-03700-021-00 (Part of Lot 2, Auditors Sub. No. 1); 34-03700-022-00 (Part of Lot 2, Auditors Sub. No. 1); 34-03700- 010-65 (Part of Auditors Sub. No. 1) all within the City of Rasemount, Dakota County, Minnesota. Such person(s) as desires to be heard with reference to the proposed improvements will be heard at this meeting. Written or oral opinion will be considered. Dated this 19th day of July, 1994. BY ORDER OF THE CITY COUNCIL. � ..�a.r1,z., l� f �L.'4.�L�-�� . us n M. Wal Ci y Clerk City of Rosemount Dakota County, Minnesota � � � Pr'red an ..<led pdprr . . .. t irt¢37 � t - �urma�. MAILING LIST � BISCAYNE AVENUE IMPROVEMENTS CITY PROJECT #249 PUBLIC HEARING: AUGUST 5, 1994 � i 8:00 P.M. 340281001032 340370002200 340370002400 HEARTLAND PARTNERS 1 NORTHERN NATURAL GAS LARRY KNUTSON LTD PTNSHP CO 14345 BISCAYNE AVE 547 JACKSON BLVD, SUITE % PROPERTY TAX DEPT ROSEMOUNT MN 55068 1510, BOX 1188 CHICAGO IL 60661 HOUSTOIV TX 77251-1188 340370003000 STATE OF MN-DEPT OF 340281001037 348005002000 MILITARY AEFAIRS, % COUNTY OF DAKOTA REGENTS OF U OF MN FINANCE % HWY DEPT RL EST OFFICE/SHOPS BLD 20 12TH ST UV 1590 HWY 55 101 , ST. PAUL MN 55155 HASTINGS MN 55033 310 15TH AV SE MINNEAPOLIS MN 55455-0199 340370002600 ROBERT M & LYNN G SEBION 348005001 �00 1301 KASSAN DR DAKOTA COUNTY HRA PRESCOTT WI 54021-1260 2496 145TH ST W R O S E M O U N T M N 55068-4929 344120008000 HEARTLAND PARTNERS 1 LTD PTNSHP 340370001065 547 JACKSON BLVD, SUITE MILWAUKEE LAND CO 1510, 547 JACKSON BLVD W STE . CHICAGO IL 60661 1510 %CMC REAL EST CORP PO 6205 340370006100 CHICAGO FL 60680-6205 ROBERT M & LYNN G SEBION •1309 KASSAN DR 348005003000 PRESCOTT WI 54021-1260 REGENTS OF U OF MN RL EST OFFICE/SHOPS BLD 101 344120001000 310 15TH AV SE RAYMOND WILLIAM KANE M I N N E A P O L I S M N ` 2493 145TH ST W 55455-0199 R O S E M O U N T M N 55068-4928 340280001025 THOMAS L. CORRFGAN 340370002100 2082 STANFORD AVE ROBERT M & LYON G ST. PAUL MN 55105 SEBION 1301 KASSAN DR PRESCOTT WI 54021-1260 �. �� MEMORANDUM DATE: August 2, 1994 TO: Mayor and Councilmembers FROM: Thomas D. Burt, City Administrator SUBJECT: Biscayne Ave. Improvements Letter of Support From Dakota County HRA The attached letter is for your information this evening regarding the Public Hearing for City Project 249. . � � �� DAKOTA COUNTY H�using &Redevelopment Authority 6iz-�z3-�Hoc 2496-145th St.W. • Rosemount,MN 55068�T.D.D:612-423-S182•FAX 612-423-t3�I�Q REC.ElVED July 28, 1994 AU G 1 1994 MR THOMAS BURT, CITY ADMINISTRATOR CITY OF ROSEMOUNT CITY Ut' nvvLw►vv►VT 2875 145TH STREET WEST PO BOX 510 ROSEMOUNT MN 55068-0510 RE: Biscayne Avenue Improvements' Rosemount City Project #249 Dear Mr. Burt: Please accept this correspondence as a show of support regarding the above referenced City of Rosemount project. The Dakota County Housing and Redevelopment Authority (HRA) offices and HRA-owned townhomes are located at the southeast corner of 145th Street and Biscayne Avenue. The improvements proposed for Biscayne Avenue will undoubtedly provide greater accessibility for those persons visiting the HRA for services, the families residing in the HRA townhomes and HRA employees. In addition, I would like to offer support of any future improvements which may be in the planning stages for 145th Street from the railroad tracks to County Road 42 . Please do not hesitate to contact me at 423-8102 with any questions or comments regarding the information herein. Thank you. Sincerely yours, 1� � �"�"� Mark S. Ulfers Executive Director "AN EQUAL OPPORTUNITY EMPLOYER° Rosemount Town Pages AFFIDAVIT OF PUBLICATION City of Rosemount Kim Heikkila, being duly swom, on oath says that she is an authorized �� agent and employee of the publisher of the newspaper,known as The `�O�O��OlY Rosemount Town Pages, and has full laiowledge of the facts wluch are B�+��v�� stated below: � crr�r rxo,�scr na9 (A)The newspaper has complied with all of the requirements constituting 1°`'�M�'M^Y CO1''�"� qualificadon as a legal newspaper, as provided by Minnesota Statues xan��s�sY cavex, ��c��,c.��r 331A.02 331A.07 ancLether a pli ble laws as amended. �aK of Rosemonn4 Mianewa�rill meet at 8:00 � 1 � r 7 . o'c1o�Jc pm a u soan WereaRsr o possibla T�de�'. � e (B)The printed :,,� t �. _��; '�� ?r``L�-t� <, n�s��a�me c�u cm�,�uc c�H.,,. 2815 14St6 Slraet West,to wusidcr the toUowing � � . ..� � � imp�ovemeu4: Projea+►2/9-Biasym Avewa i�rovemeuu which is attached, was cut from the columns of sa�d,newspaper, and was T°°°��°�°f�°p'""°�°�°��"i°°'°�° '�° � 000�tion d aoimY aewer,w�aw�ia,tarm dom md � printed and published once each week for � successive .��ba��a��..�.,�;o& we�s; it was firs published on Friday, the _��- day of �,��;,,�a�e�a'��u,. :_+.�, t � :.,; . 19 �!^. and was thereafter printed an�;p�blished on n,00aaooAo. ever�.'� Frid� , to and in�lu$in Frida , the !' da of T'""°'pI°p°'°°`°u.""""'�'b`F°"�`°g , Y g Y -.,��- Y �u.riu�eea�a�.: �l .l�-�._' , 19 �--�'-� ; and printed below is a Copy of the �� T�lsx,�u9�v a,��u��a� lowdF case a�phabet from A to Z, both inclusive, which is hereby p�pa=q,IdenHfiaHon Numban:34-02610-010.25;3a- acknowledged as being the size and kind of type used in the composition °�'a°ia�;�s'°°'°�z:�«-8°°sa°"-°°�°°''�°' n.uffi,��y naa�u��;3a.soosaozo-oo foou«s. and publication of the notice: u��et:;�y aaa�uon�;34-80050.030-00(OnUot C, Univarsity Additlon):31-41200A10-00(Lot f.Xane Plaoek 34-a12o0-oBo�oo(i.a 8.Kaoe Pffioek'17mt paze� abcdefglrijkl�opqrstovwxyz ` Sec4oa 29.TI15N,R79W,wLic6 inalodea Properry � IdewiBcauou Nambera:34-03700�030-00(Lot 3.Aaditors � ^ �� ' ��1... 1 �' N�o.ik 34�02b�00(Part�Lat 2.AodiOas 3oh Nw By: _�.a _ �.=� -�k._:�^_�_ �' '�itte• setter ix�-a�,aaoai.ao�n aet«z,awr�,sob.r�.ih •� 34-03704021-00(Pact of Iat 2 Andimn Sob.Na I);34- 03700�022�00(Part ol Lot 2,A¢ditas So0.Na 1};34- Subscribed and sworn to before me on this�=�day �01��'N�`�'�`�` of , 19��G. S�per+aa(s)�dcsires m ba heard with�e�nae w me �aoraed impro.�emenu.dlt ba haara u tLis mxdng. \� Wrimen�walopi�riwwi7lbeoomidend. �� ` ��, , Dated tiNs 19t6 day af Jut��1994. Notary Public s�r oxnaR oe x�ccr�r covr�cn.. AFFIDAVIT �a{.w.�n c�ur c�«r aq,�r�� n.�a.c�ny,�n �� .��.� �° ' C.':��,j..:�r ` -;�iF�RkK F:,_ � a�,� M:�tsr�� r,.:; iu :��,��eaota ,�. �.BkJ;d �,OUftty . . . . ��-+ My Comm Exo 5 ��-��