HomeMy WebLinkAbout7.a. Autumn Path Extension Project, City Project 2019-07 Assessment HearingI:\City Clerk\Agenda Items\Approved Items\7.a. Autumn Path Extension Project, City Project 2019-07 Assessment Hearing.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: October 5, 2020
AGENDA ITEM: Autumn Path Extension Project, City
Project 2019-07 Assessment Hearing
AGENDA SECTION:
Public Hearing
PREPARED BY: Brian Erickson, PE, Director of Public
Works/City Engineer
Stephanie Smith, PE, Assistant City
Engineer
AGENDA NO. 7.a.
ATTACHMENTS: Resolution, Assessment Roll, Property
Owner Letter, Deferral Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to continue the Public Hearing on Assessments for
Autumn Path Extension, City Project 2019-07 until October 20, 2020.
BACKGROUND
The Autumn Path Improvement Project, City Project 2019-07, consists of construction of a 42-foot
wide asphalt collector roadway with curb and gutter. Pedestrian facilities will include a trail on the
east side and sidewalk on the west side of the road. Storm pipe will be constructed to ponds within
the Bella Vista development. Raw and potable watermain will be installed along the road along with
some sanitary sewer.
On December 3, 2019, the property owners attended the improvement hearing and voiced their
concerns. Staff has provided an agreement to the property owners to execute if they would like to
defer the assessed amount for 10 years interest free, or until the subdivision of the property,
whichever occurs first.
On May 19, 2020, the Rosemount City Council awarded the contract for this project.
The City received a letter dated June 12, 2020 on behalf of the owners of the property proposed for
assessment, which disputes the special benefit to their property. To obtain more information to
present to the concerned property owners, the Council continued the assessment hearing to the
September 15, 2020 meeting. At that meeting the hearing was again continued to October 5, 2020
in order to allow the property owners to make a decision regarding the agreement.
After the September 15, 2020 Council meeting, staff sent out letters with a copy of the assessment
agreement. However, due to a mail delay the agreements were not received by all property owners
until the late September. As of October 2, 2020, staff has received signature confirmation from 6 of
the 7 property owners regarding the assessment agreement. In order to allow time for the final
signature page to be provided, staff is recommending that the assessment hearing be continued one
final time to October 20, 2020. This final continuation will allow for either receipt of the last
signature or closing of the hearing and requesting Council levy the assessments as presented.
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COSTS & FUNDING
The estimated total project cost is $1,963,172.90. This amount includes 5% for contingency and
25% for incidentals such as engineering, legal, financing and administrative costs. The cost by
improvement type is shown in the table below.
Construction
Cost
Contingency
(5%)
Indirect
(25%) Total
Street
Improvements $991,787.50 $49,589.38 $247,946.88 $1,289,323.75
Stormwater $195,224.00 $9,761.20 $48,806.00 $253,791.20
Sanitary Sewer $55,403.50 $2,770.18 $13,850.88 $72,024.55
Water $267,718.00 $13,385.90 $66,929.50 $348,033.40
Total $1,963,172.90
The funding anticipated for the project is shown in the table below. The street improvements will be
funded by developer fees and assessment of abutting property. The City used a restricted special
benefit appraisal of the benefitting property to assist with determination of the assessment amount.
That benefit appraisal was updated to an unrestricted version and it confirms the initial
determination of special benefit. Utility work would be funded by the respective utility core funds.
PROJECT FUNDING ESTIMATE
Developer Fees (to be collected with Bella Vista
subdivisions) $644,661.88
Special Assessment (PID 34-02200-25-010) $644,661.88
Sanitary Core Fund $72,024.55
Water Core Fund $348,033.40
Storm Core Fund $253,791.20
TOTAL $1,963,1722.90
RECOMENDATION
Staff recommends Council continue the public hearing on assessments until October 20, 2020 to
allow for additional time to receive signatures on the proposed assessment agreement.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020 – 109
A RESOLUTION ADOPTING THE ASSESSMENT ROLL
FOR AUTUMN PATH EXTENSION, CITY PROJECT 2019-07
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and
passed upon all objections to the proposed assessment for Autumn Path Extension, City Project 2019-07,
the improvement of Autumn Path from Bonaire Path to approximately 2600 feet north of Bonaire Path.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each tract
of land therein included is hereby found to be benefited by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of 10 years,
the first of the installments to be payable on or before the first Monday in January 2021, and shall
bear interest at the rate of 3.45 percent per annum from the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2020. To each subsequent installment, when due, shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to
the county auditor, pay the whole of the assessment on such property, with interest accrued to the
date of payment, to the city treasurer, except that no interest shall be charged if the entire
assessment is paid within 30 days; and the owner may, at any time thereafter, pay to the city treasurer
the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the
year in which such payment is made. Such payment must be made before November 15 or interest
will be charged through December 31 of the next succeeding year.
4. On October 31, 2020, the City Clerk shall transmit a certified duplicate of this assessment to the
county auditor to be extended on the property tax lists of the county. Such assessments shall be
collected and paid over in the same manner as other municipal taxes.
ADOPTED this 5th day of October, 2020
William H. Droste, Mayor
ATTEST:
Erin Fasbender, City Clerk
FINAL ASSESSMENT ROLL
Autumn Path Extension - City Project 2019-07
Parcel #PID Owner Site Address Owner Mailing Address Owner City, State, Zip Proposed Assessment Notes
1 344746000010 John E McMenomy 1283 Bonaire Path W 1283 Bonaire Path W Rosemount MN 55068 $644,661.88 Rate Based on Special Benefit Appraisal
G:\ENGPROJ\2019-07 Autumn Path\Assessments\20200915 Final Assessment Roll
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ASSESSMENT AGREEMENT
THIS ASSESSMENT AGREEMENT is by and between the City of Rosemount, a
Minnesota municipal corporation (the “City”) and John E. and Rita McMenomy; Michael F. and
Dianne McMenomy; Elizabeth A. McMenomy as trustee for the Trust Agreement for Elizabeth A.
McMenomy; Terrance and Jennifer McMenomy; Robert and Tracy McMenomy; Daniel and Deborah
McMenomy; William McMenomy (collectively “Owners”).
RECITALS
WHEREAS, the City intends to install Autumn Path, City Project 2019-07 (the “Project”)
which includes installation of a paved collector road of approximately 1,600 feet; and
WHEREAS, the City intends to pay for the Project through special assessments, and
WHEREAS, the properties benefited by the Project include a 79.25-acre property owned by
the Owner, located at 1283 Bonaire Path W. (PID 34-47460-00-010) and legally described on Exhibit
A (the “Property”); and
WHEREAS, based upon its feasibility study, the City desires to assess the Property
$644,661.88 Dollars (the “Assessment”).
WHEREAS, the Property is currently agriculturally zoned, located inside the Metropolitan
Urban Service Area (MUSA) and developed with a single-family home; and
WHEREAS, the Project shall benefit the Property by no less than $644,661.88; and
WHEREAS, the parties wish to memorialize the terms of their agreement to delay payment
of the Assessment on the Property.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the parties agree as follow:
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AGREEMENT
1. The above-stated recitals are incorporated by reference into this Agreement.
2. Payment of the Assessment, without interest accrual, is due ten (10) years from the effective
date of this Agreement or upon development of the Property, whichever occurs first. For purposes of
this Agreement, “d evelopment ” means any application by Owner, or Owner’s agents or
representatives, for a lot division, plat or building permit related to the Property. The effective date of
the Agreement is the date that it is approved by the Rosemount City Council.
3. The Owner, on behalf of himself, and his successors and assigns, acknowledges the benefit
to the Property and all lots within a future subdivision (if any) of the Property and hereby consents
to the Assessment. Owner waives any right to a hearing, notice of hearing, and all rights to appeal
the Assessment under Minnesota Statutes, Chapter 429 or other applicable authorities, including
but not limited to the right to challenge whether the increase in fair market value resulting from
the Project is at least equal to the Assessment and that such increase in fair market value is a special
benefit to the Property.
4. Nothing in this Agreement shall affect the City’s ability to assess for future additional charges
required by any additional development or subdivision of the Property.
5. If the Owner, or his successors or assigns, violate s any of the covenants and agreements
contained in this Agreement, the City may seek any legal remedy that it is otherwise entitled to
under law, including but not limited to the option to commence a legal action for monetary
damages or for specific performance. The Owner, on behalf of himself, and his successors and
assigns, agrees that the City shall be entitled to its administrative costs, legal costs, and reasonable
attorney's fees in connection with said action, provided that the City is successful in such action.
6. Nothing in this Agreement is intended to affect any other payments that might be due to
the City, or any other governmental entity, at the time that the Property is platted or developed.
7. This Agreement shall run with the land described herein and shall inure to the benefit of and
be binding upon the successors and assigns of the parties.
8. The City will record this Agreement and pay all costs of recording.
9. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
10. The parties acknowledge that they have been represented by counsel in connection with
the execution of this Agreement , or have cho sen not to consult with counsel, and intend that no
rules construing provisions of this Agreement against the drafter will be applied.
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11. In the event any provision of this Agreement is held to be invalid and unenforceable by any
court of competent jurisdiction, such holding will not invalidate or render unenforceable any other
provision hereof.
12. This Agreement may not be amended except by a writing authorized and executed by all
parties.
13. This Agreement shall be governed by and construed in accordance with the laws of the State
of Minnesota.
[Re mainder of page intentionally left blank; signature pages to follow.]
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IN WITNESS WHEREOF, the City and Owners have caused this Agreement to be
executed in their names and on their behalf by their duly authorized representatives:
OWNER
By: ___________________________ By: __________________________
John E. McMenomy Rita McMenomy
Dated: ________________________ Dated: ________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by John E. McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Rita McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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OWNER
By: __________________________ By: __________________________
Michael F. McMenomy Dianne McMenomy
Dated: ________________________ Dated: ________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Michael F. McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Dianne McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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OWNER
By: __________________________
Elizabeth A. McMenomy, as trustee of the
Elizabeth A. McMenomy Trust
Dated: ________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Elizabeth A. McMenomy, as trustee of the Elizabeth A. McMenomy Trust , on behalf of
Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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OWNER
By: __________________________ By: __________________________
Terrance McMenomy Jennifer McMenomy
Dated: ________________________ Dated: ________________________
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Terrance McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Jennifer McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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OWNER
By: __________________________ By: __________________________
Robert McMenomy Tracy McMenomy
Dated: ________________________ Dated: ________________________
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Robert McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Tracy McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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OWNER
By: __________________________ By: __________________________
Daniel McMenomy Deborah McMenomy
Dated: ________________________ Dated: ________________________
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Daniel McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by Deborah McMenomy, a married person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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OWNER
By: __________________________
William McMenomy
Dated: ________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2020, by William McMenomy, a ___________________ person, on behalf of Owner.
___________________________
Notary Public
NOTARY STAMP OR SEAL
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CITY OF ROSEMOUNT
By: ____________________________
William Droste, its Mayor
Dated: _________________________
By: ____________________________
Erin Fasbender, its City Clerk
Dated: __________________________
STATE OF MINNESOTA )
) SS.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of _________, 2020,
by William Droste and Erin Fasbender, the Mayor and City Clerk, respectively, of the City of
Rosemount, Minnesota, on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
This instrument was drafted by:
Kennedy & Graven, Chartered (MDT)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A OF ASSESSMENT AGREEMENT
Legal Description of Property
Outlot A, McMenomy Addition
Dakota County, Minnesota
Abstract Property