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HomeMy WebLinkAbout7D - Pike LakeTrail Sewer Extension AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: VII-D BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER AUTHORIZATION OF PIKE LAKE TRAIL SEWER EXTENSION AND APPROVAL OF THE AGREEMENT BElWEEN THE CITY AND HOLY CROSS LUTIlERAN CHURCH JUNE 21, 1993 The purpose of this Agenda item is to consider the authorization of City Project #93-10, Pike Lake Trail sanitary sewer extension from the north side of CSAH 42 to the south property line of the proposed Holy Cross Lutheran Church building site. An attached agreement has been prepared by the City Attorney between the City and Holy Cross Lutheran Church which outlines the stipulations of fees and conditions of both parties for City Council review and consideration of approval. City Staff was contacted by Holy Cross Lutheran Church representatives of their intent on constructing a church building in December, 1993. Larry Anderson, Director of Public Works, informed the church representatives of the City's assessed costs and fees that are associated with the installation of sanitary sewer from CSAH 42 to their property in a letter dated December 15, 1992. Sanitary sewer connection was required by the Director of Public Works for the parcel as sanitary sewer is readily available at CSAH 42 and Pike Lake Trail where the Metropolitan Waste Control Commission (MWCC) Interceptor is located and the parcel is within the MUSA line. A location map showing the proposed sewer extension and proposed building site is enclosed. Since the early meetings in December, Staff has worked with Holy Cross Lutheran on an agreement for the sanitary sewer extension. The agreement outlines that the sewer will be extended on Pike Lake Trail along the entire west side of the property. Easements will be granted by Holy Cross Lutheran Church as prepared by the City and Scott County for future road improvements. Payment of fees are outlined with $4,000.00 paid at the time of building permit issuance and the remainder by July 19, 1993. This provision was incorporated to facilitate the construction loan financing of the Holy Cross Lutheran Church project The fees per the City's Assessment Policy are for the sanitary sewer trunks and lateral charge, street collector and storm water management fee. The sanitary sewer fees from the church site totaled $28,248.75. The extension of the sanitary sewermain from 4629 Dakota 51. 5.E" Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER CSAH 42 on Pike Lake Trail will be approximately 640 feet south of CSAH 42. The cost estimate for the extension of the sanitary sewer is estimated to be $40,000.00 constroction cost with estimated engineering fees of $3,040.00 and $4,200.00 for design and construction, respectively, from Maier Stewart & Associates, Inc. for a total estimated project cost of $47,240.00. In the total project cost is a City trunk cost estimated to be $19,000.00 (includes engineering) which brings the sanitary sewer from the north side of CSAH 42 to the proposed site. The project cost will be paid out of Trunk Reserve Punds and the lateral sewennain fees from Holy Cross. The sanitary sewermain on Pike Lake Trail will serve adjacent property to the west which will be charged a sanitary sewer lateral cost upon future development. RECOMMENDATION: The recommendation is to approve the agreement between the City and Holy Cross Lutheran and to authorize Maier Stewart and Associates, Inc. to prepare plans and specifications for the extension of sanitary sewer (City Project #93-10). ALTERNATIVES: The alternatives are as follows: FINANCIAL IMPACT: 1. Approve the agreement and authorize plans and preparation for the project to be completed. 2. Table this item for a specific reason. 3. Disapprove the agreement for a specific reason. Disapproval of extending City sewer service would result in allowing an on site sewage treatment system since this parcel is one of record. The project will be paid for with trunk Reserve Funds and sanitary sewer lateral funds collected from Holy Cross Lutheran Church. ACTION REQUIRED: The action required is as follows: 1. Make a motion to authorize the Mayor and City Manager to sign the Agreement between the City and Holy Cross Lutheran Church. 2. Make a motion for the City of Prior Lake to authorize the fIrm of Maier Stewart & Associates, Inc. to proceed with professional municipal engineering services for City Project #93-10, Pike Lake Trail sanitary sewer extension. AGVIIE. WKf AGREEMENT ..J.), THIS AGREEMENT made and entered into as of the D:!- day of r . 1993, by and between the City of Prior Lake, a Minnesota muniClpal corporation (hereinafter "City") and Holy Cross Lutheran Church of Prior Lake, Minnesota (hereinafter "Holy Cross"). RECITALS WHEREAS, Holy Cross desires to construct a church building on its property in the City of Prior Lake, and WHEREAS, Holy Cros.shas requested that the City provide sewer service to its property line which will require extending sanitary sewer across County State Aid Highway 42 and along the length of property located on Pike Lake Trail, and WHEREAS, in order to extend said sewer line as requested by Holy Cross, the City requires reimbursement for certain construction costs and needs certain right-of-way easements for the City and Scott County NOW THEREFORE, in consideration of the mutual promises, convenants and agreements herein and in consideration of the City extending its sanitary sewer line to Holy Cross' property, the parties agree as follows: Page 1 1. Holy Cross shall pay City Four Thousand ($4,000.00) Dollars prior to the issuance of a building permit by the City to Holy Cross. 2. Holy Cross shall pay City Seventy-Four Thousand Six Hundred Eighty-Two And 47/100ths ($74,682.47) Dollars (the balance of the sanitary sewer extension construction costs and related fees) by July 19, 1993. In the event said balance is not received by the City by July 19, 1993, the City shall stop further building inspections and will not issue a Certificate of Occupan~ 3. Holy Cross shall execute and deliver all necessary easements required for the extension of the sanitary sewer project as prepared by the City and Scott Coun~ 4. The assumptions and understandings of the parties as set forth on Exhibit" A" attached hereto are incorporated herein and are part of this Agreement. 5. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with same procedures and formality followed for the execution of this Agreement: 6. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute one in the same instrument. 7. The terms and conditions hereof shall be binding upon and inure to the benefit of the representatives, successors, and assigns of the parties hereto. 8. This Agreement shall be executed by the City Manager and the Mayor of the City only when authorized by the City Council. IN WITNESS WHEREOF, City and Holy Cross have caused this Agreement to be duly executed as of the day and year first above written. Page 2 APPROVED BY THE CITY COUNCIL ON THE . 1993. DAY OF THE CITY OF PRIOR LAKE By Frank Boyles, City Manager By Lydia Andren, Mayor APPROVED AS TO FORM: By Glenn R. Kessel LOMMEN, NELSON, COLE, & STAGEBERT, P.A. 80 South 8th Street, Suite 1800 ~eapolis,~ 55402 HO~SS LUTHERAN CHURCH By' ~~4 C# ~ ~ary ThO~ Tnistee By ~~ - ~ David Busse, Trustee Page 3 STATE OF MINNESOTA) ) COUNTY OF SCOTT ) On the day of . 19--, before me, a Notary Public, within. and for said County personally appeared Lyclla Andren and Frank Boyles, to me personally known, being each by me duly swom did say that they are the Mayor and City Manager, respectively, of the City of Prior Lake, a Minnesota municipal corporation, named in the. foregoing instrument; and that said instrument was signed on behalf fo the municipal corporation by authority of its City Council and acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public STATE OF MINNESOTA) ) COUNTY OF SCOTT ) On the / 5+':? day of . ~IJ'\,.&., . 1993 before me, a Notary Public, within and for said County perso y appeared Charles Vig, Gary Thompson, and David Busse, to me personally known, being each by me duly swom did say that they are Trustees of Holy Cross Lutheran Church, and that said instrument was signed on behalf of the Church of authority of its Board of Trustees and acknowledged said instrument to. be the free act and deed of said Church. AGREE.WRTf MARY A. MIEROW 7'Y7Ui''7. () ;r(ffi~62-~~ @.'?'N....NOTARYPUSUC_MINNESOTA>t...Lf {.JJ scalT COUNTY l T . I \. Yy:-'~~~~:;~~:S.J~otary Public ~l\\'\\\l\tl--l Page 4 "EXHIBIT A" HOLY CROSS LUTHERAN CHURCH June 11, 1993 1. ASSUMPTIONS A. Holy Cross will grant easements for street as prepared by Scott County and the City of Prior Lake -75 feet CSAH 42 -75 feet Pike Lake Trail B. Frontage and area charges based upon easements being provided. 2. City will extend sanitary sewer across CSAH 42 and extend the length of the property along Pike Lake Trail and provide a sewer service stub to the property line. The City understands that the church desires completion of the building by September 1, 1993. The City will make reasonable efforts to have the sewer available at .that time. In the event that the sewer is not available at that time, the City will not be liable for delays caused. 3. Sanitary sewer, watermain and paving improvements will be adjacent to the property along CSAH 42 & Pike Lake Trail in the future. Assessments and/or charges will be based upon the rates and policies at that time. 4. The current rates are as follows: Sewer Street Water $ 4O/Foot $ 4O/Foot $ 20/Foot $ 700/Acre $1,375/Acre $1,375/Acre $. 168/Square Foot Street Collector Trunk Sewer Trunk Water Storm Water Management 5. The amount owed to the City based upon providing ROW is as follows: SANITARY SEWER A. Sanitary Sewer Trunk 6.29 Acres ($1,375/Acre) = $ 8,648.75 B. Sanitary Sewer Lateral Page 1 490 Feet ($40.001F00t) SUB TOTAL = $19,600.00 $28,248.75 STREET COLLECTOR FEE 6.29 Acres ($700.00/Acre) STORM WATER MANAGEMENT FEE = $ 4,403.00 6.29 Acres ($. 168/Square Foot) 43,560 Square Feet! Acre = $46,030.72 $78,682.47 TOTAL = 6. To facilitate cash flow for the church in lieu of collecting the amount owed to the City up front, the church will pay $4,000.00 prior to issuance of a building permit and the balance by July 19, 1993. In the event that payment is not made by July 19, 1993, the City will stop further building inspections and will not issue a Certificate of Occupancy. 7. City Staff will present this for Council approval at the June 21, 1993 Council Meeting. The church will agree to this in writing prior to placing it on the Council Agenda. CHURCI.WRT Page 2 1 fN PROPOSED PROJECT 93-10 , PIKE LAKE TRAIL SANITARY SEWER EXTENSION f,' CO. ROAD 42 9bO.OO - . ."l' ' , .' I ,. I , . , ~.3 . PROPOSED CHURCH PROPOSED SITE. SEWER 0 LOCATION ... DOROTHY BRANDT '(\I MN. 5. 0151. OF LUTHERAN CH. 0 148 - 453 II) ... II) .% DAL E JOHNSON CD . . . . III "K , I . - - 1183.1 -. ~ . PAUL GREGUSON 560 , DoaOTHY BRANDT 233316 1 7;)8.'<)