HomeMy WebLinkAbout7B TH13 Duluth Public Hearing Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 5, 2018
AGENDA #: 7B
PREPARED BY: JASON WEDEL, PUBLIC WORKS DIRECTOR/CITY ENGINEER
PRESENTED BY: JASON WEDEL
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
ORDERING THE DULUTH AVENUE INTERSECTION IMPROVEMENT
PROJECT, CITY PROJECT #TRN15-000003 AND PREPERATION OF
PLANS AND SPECIFICATIONS
DISCUSSION: Introduction
The purpose of this agenda item is to receive comments on the Duluth
Avenue Intersection improvements and if appropriate order the
improvements. Ordering the improvements requires a 4/5ths vote.
History
A feasibility report was originally prepared for the Duluth Avenue
Intersection Improvement project in January 2015. The feasibility report
was accepted and the project was ordered by the City Council on January
26, 2015. However, due to projected tax levy impacts, the project
construction was delayed. The feasibility report was updated in 2018 to
included assessments to adjacent properties that will benefit from the
proposed improvements as part of the overall financing of the project. The
revised feasibility report was approved by the City Council on February 5,
2018 and the public hearing was ordered for this evening.
The M.S. Chapter 429 process applies to all projects that will be financed
in whole or part through special assessments or bond proceeds. The
proposed amount of assessments is less than 20% of the estimated
improvement costs, so the City is proposing to utilize Street Reconstruction
bonds as outlined in State Statute 475 rather than General Obligation
bonds. However, the process will still follow the 429 process.
The Duluth Avenue Intersection Improvement Project includes widening
the intersection to include dedicated left, thru, and right turn lanes on
Duluth Avenue in both directions at the intersection with TH13. It also
includes the addition of a right turn lane into the Holiday Station Store’s
northerly entrance, the construction of a median on Duluth Avenue to
restrict the access to the entrance for the Village Lake Mall to right -in/right-
out near the intersection, the construction of a mini roundabout at the
intersection of Duluth and Village Lake Drive, as well as modifications to
several of the southerly entrances to the Village Lake Mall property and the
realignment of the Toronto/Village Lake Drive intersection.
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Current Circumstances
The properties deemed to specially benefit from the improvements, in most
cases the properties abutting the streets located in the project area, are
subject to assessment. Each of the affected property owners have been
notified in accordance with the statute regarding tonight’s Public Hearing.
Individual meetings and/or phone calls have been made to all of the
impacted property owners. This includes the Village Lake Mall, Holiday
Station Store, Subway, Wells Fargo, Ace Hardware, Prior Lake
Transmission, Brooksville Apartments and Honest1 Autocare. After the
presentation of the Feasibility Report to the City Council on February 5,
2018, City staff determined that the proposed improvements on Duluth
Avenue will not include the driveway entrance to Honest1 Autocare. That
property has therefore been removed from the proposed assessment roll.
The majority of the affected property owners are generally in favor of the
project. However, the owner of the Brooksville Apartments did voice
concerns with being assessed for the proposed improvements to Toronto
Avenue.
Conclusion
The purpose of this Public Hearing is to determine whether the project
should move forward. Completion of plans and specifications is the next
step. Once the plans and specifications are completed, they will be
submitted to the City Council for approval and authorization to advertise for
bids. The Council could decide not to continue with the project upon
receipt of bids. A separate Assessment Hearing will be conducted this fall.
In summary, the project is feasible from an engineering and economic
standpoint. If the project is approved, City staff will continue to work on
completion of plans and specifications.
ISSUES: The City hired Nagell Appraisal to provide a report that reviewed the
proposed improvements and provided a general range of benefit to the
adjacent properties based on the improvements to the roadway itself as
well as the improved function of the street network in the area. The
appraiser noted that the benefit ranged from $125 to $175 per linear foot
for the first 100 feet of road frontage and $50 - $100 per linear for street
frontage in excess of 100 feet.
This information was present to the Assessment Review Committee on
January 12, 2018. The consensus of the committee was to utilize the low
end of the benefit range provided by the appraiser. It was also the
consensus of the committee to assess based on acreage rather than street
frontage due to the amount of the existing street frontage being
disproportionate to the various properties. For example, Wells Fargo has a
significant amount of street frontage along Duluth but the total area of their
property is relatively small. The Village Lake Mall on the other hand has
very little frontage along Duluth but they have a very large area compared
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to the other properties in the area. The total assessment amount was
therefore calculated on the total street frontage within the project area and
apportioned to each benefiting property based on their area. These
assessment amounts are reflected in the amended feasibility report that
was presented to the City Council on February 5, 2018.
This is the first project the City has completed where Street Reconstruction
bonds are being utilized as part of the overall funding in combination with
assessments. Since the City is unable to able to assess 20% of the project
cost, this has required a dual process of amending the City’s 5-year Street
Reconstruction plan to include this project as required by State Statute 475
in combination with following the requirements outlined in State Statute 429
for assessing benefitting properties. This method of financing allows the
City to assess at a level below 20%.
FINANCIAL
IMPACT:
Due to the removal of Honest1 Autocare from the proposed assessment
roll, the total amount of special assessments has been reduced by $9,824
compared to what is shown in the feasibility report. To offset the reduction
in assessments the Tax Levy portion of the proposed funding will need to
be increased accordingly.
The Duluth Avenue Intersection Improvement Project is proposed to be
financed by a combination of funding source as shown below:
Special Assessments $163,025
Tax Levy $906,975
MSAS (State Aid) $400,000
MnDOT $710,000
Total $2,180,000
The total amount proposed to be assessed is $163,025. The remaining
funding will come from the tax levy, State Aid and MnDOT. The approved
2018 Capital Improvement Program and Budget contemplate these
expenditures.
ALTERNATIVES: 1. Conduct the public hearing and unless new substantive information
is offered, approve a Resolution Ordering the Duluth Intersection
Improvement Project, City Project #TRN15-000003.
2. Deny this item for a specific reason and provide staff with direction.
3. Table the item until some date in the future.
RECOMMENDED
MOTION:
Motion and second for alternative #1. Approval of this agenda item
requires a 4/5ths vote.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
A RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE DULUTH AVENUE INTERSECTION IMPROVEMENT PROJECT
(TRN15-000003)
Motion By: Second By:
WHEREAS, The Prior Lake City Council on its own initiative has determined that it desires to
complete the Public Improvements for the Duluth Avenue Intersection Project; and
WHEREAS, On February 5, 2018; the City Council accepted the Feasibility Report and called
for a Public Hearing to be held for the Duluth Avenue Intersection Project which
includes signal replacement, storm sewer, aggregate base, concrete curb and
gutter, bituminous surfacting and appurtenant work; and
WHEREAS, Ten days mailed notice and two weeks published notice of the hearing was given,
and the hearing was held on the 16th day of April, 2018, at which time all persons
desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, Since the project was initiated by the City Council it must be approved by 4/5ths vote
in accordance with Minnesota Statutes 429.031 Subdivision 1(f).
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
3. The City Council by the required statutory 4/5ths votes does hereby order the project as
outlined in the feasibility report.
4. The Public Works Director is hereby designated as the the Engineer for these improvements
and is authorized to record engineering expenses in the Construction Fund (#501-43500.00-
55020-TRN15-000003).
5. The Engineer shall have prepared plans and specifications for the making of such
improvements for the Duluth Avenue Intersection Improvement Project.
6. The City Council authorizes the following preliminary funding sources and corresponding
transfers to the Construction Fund for the project:
MnDOT $710,000
MSAS $400,000
Tax Levy $906,975
Special Assessments $163,025
Total $2,180,000
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7. The City has determined to make a declaration of official intent (“Declaration”) to reimburse
certain estimated costs for this project from proceeds of bonds expected to be in an amount
not to exceed $1,400,000 in accordance with the Internal Revenue Service Reimbursement
Regulations (Treasury Reg. 1.150-2).
8. The City may declare other separate statements of reimbursement intent in connection with
specific public improvements projects as they are initiated under Minnesota Statutes
Chapters 429 and 444, or for other capital projects, with the understanding that such
additional declarations of reimbursement intent will supplement this resolution. All
reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or
other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the
Reimbursement Regulations.
Passed and adopted by the Prior Lake City Council this 16th day of April 2018
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager