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Home My WebLink About8G - Gateway Center STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: 8G SUE MCDERMOTT, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF RESOLUTION 97 -XX ACCEPTING A PUBLIC IMPROVEMENT PETITION, SPECIAL ASSESSMENT AGREEMENT AND WAIVER OF APPEAL FOR SANITARY SEWER EXTENSION TO GATEWAY CENTER AND ORDERING THE IMPROVEMENT SEPTEMBER 2,1997 INTRODUCTION: The City of Prior Lake has received a petition from Ronn Hechter to provide sanitary sewer to his property on Franklin Trail. Minnesota Statutes, Chapter 429 - Local Improvements, Special Assessments, section 429.031, subdivision 3 states "Whenever all owners of real property abutting upon any street named as the location of any improvement shall petition the council to construct the improvement and to assess the entire cost against their property, the council may, without a public hearing, adopt a resolution determining such fact and ordering the improvement." Mr. Hechter has also signed a Special Assessment Agreement and Waiver. BACKGROUND: The Gateway Center property is located at the northeast corner of Franklin Trail and Westwood Street. The proposed building faces Franklin Trail (CR 39). There is currently no sanitary sewer in this block of Franklin Trail. Although there is sanitary sewer in Westwood Street, the elevation is such that a lift station would be required to serve the Gateway Center property. The Development Review Committee (DRC) met with Mr. Hechter in April to discuss his building plans at which time his plans showed constructing the sewer in the easement on the east side of Franklin Trail to TH 13. It was discovered that Scott Rice Telephone has a fiber optic cable in the center of the easement. In addition, the County discourages open cutting the roadway to install utilities. City staff contacted the property to the north (Norex) to discuss the possibility of Mr. Hechter obtaining an easement from them. The request was denied. Mr. Hechter's engineer, Chuck Plowe, revised the plan to show sanitary sewer being constructed beneath Franklin Trail by directional drilling methods. This method allows the pipe to be installed without open cutting the street. City and County staff 162~~reek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DISCUSSION: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: HECTR429.DOC reviewed and approved this plan with minor revisions in May. If the project is ordered, the staff will obtain quotes using these plans. Our estimate of the construction cost is $22,802.75. Mr. Hechter has signed a special assessment agreement and waiver (attached) based on a not to exceed amount of $29,200. This amount is based on the engineer's estimate plus 28% indirect costs (engineering, survey, bonding, administration, and inspection). The assessment will be paid over twenty years at 8% Interest in accordance with the City's assessment policy. There are three alternatives for the City Council to consider: 1. Approve Resolution 97 -XX which accepts the petition for installation of sanitary sewer service to Gateway Center and orders the improvement and authorize the Mayor and City Manager to execute the Special Assessment Agreement and Waiver on behalf of the City. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item until some date in the future. Alternative NO.1. dopt Resolution 97 -XX. RESOLUTION 97- XX ORDERING SANITARY SEWER IMPROVEMENTS FOR GATEWAY CENTER MOTION BY: SECOND BY: WHEREAS, a certain petition requesting the improvement of sanitary sewer extension from Trunk Highway 13 to the right of way line of the Gateway Center property (PID R259360080) by Ronn Hechter, was duly presented to the City Council on the 2nd day of September, 1997; WHEREAS, it is proposed to assess the benefited property for all of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, 1. The council finds and determines that said petition was signed by all owners of real property benefitting from the proposed improvement. 2. Such improvement is hereby ordered. Passed and adopted this 2nd day of September, 1997. YES NO Andren Andren Kedrowski - Kedrowski Mader. Mader Robbins Robbins Schenck - Schenck {Seal} Frank Boyles City Manager City of Prior Lake 162~~U:reek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PETITION FOR LOCAL IMPROVEMENT -- Prior Lake, Minnesota j-/t. 6 , , 19 fl To the City council of Prior Lake, Minnesota: We, all owners of real property abutting FrAN K / r.v T;A I / S [ hereby petition that such street is improved by .5AAlI(AR l/ S<!.w!Y pursuant to M1nnesota statutes, Chapter 429. OF DESCRIPTION OF PROPERTY PHONE NUMBER 1'11/ :rt"fC 25136 oogo i30-0/t3 Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. C1ty Manager ~ ''0 ~ .~~\:. ~ ' Ci ~ . REOlmI&<<' HAY 2 0 1997 WAIVER OF PUBLIC HEARING AGREEMENT WHEREAS, the city of Prior Lake, Minnesota, at the present time has been contacted for the following improvements to wit: _~ ANI fA!!.! _ ~..:WtLY ,/J ryAP Kl..,A/ IvAI L S'E roy- 5tZ.yvlCI;- /0 f7.D ~2.5 93hoojO certain citizens within the city of Prior Lake are making these improvements to this portion of the WHEREAS, desirous of City, AND WHEREAS, said citizens are desirous of having said improvements done and certain notices required by law in order to assess said improvements have not been duly complied with, and WHEREAS, said citizens hereby desire to waive and and all legal rights insofar as said notices and legal proceedings are concerned and have said improvements assessed against their property as if said notices had been legally given, WHEREAS, said citizens fully realize there will be an assessment on each parcel, THE UNDERSIGNED THEREFORE AGREE THAT they hereby waive all legal rights insofar as any proceedings are concerned for these improvements against their property as made by the City of Prior Lake, Minnesota; and they hereby consent that said improvements be assessed at such time and place as are designed by the laws and statutes or the State of Minnesota. s;ned . ,4V I at Prior Lake, , 19 t:L. Minnesota this /6 -M day of K6'.vJt/ !lEG 1-11'15"72 e Ie ADDRESS ~ . 120, 00.,< 04!i{,JAV Uln Ie Y , / (;, 7 3 / 8.4 Y Po v t) ,#tAl SS 0 () N&~ SPECIAL ASSESSMENT AGREEMENT AND WAIVER (IMPROVEMENT PROJECT NO. AGREEMENT made this _ day of ,1997, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation ("City") and RONN HECHTER and HECHTER GATEWAY LIMITED PARTNERSHIP, (the "Property Owner"). RECITALS A. Property Owner is the fee owner of the real property located in Scott County, Minnesota, described on Exhibit A attached hereto, with a street address of , Prior Lake, Minnesota 55372, and identifIed as tax parcel number R25-936-008-0 ("Subject Property"). B. Property Owner has requested the City install sanitary sewer improvements which will serve and benefit the Subject Property. C. Property Owner acknowledges the installation of sanitary sewer will benefIt the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PUBLIC IMPROVEMENTS. The City will construct sanitary sewer improvements to serve and benefit the Subject Property. ., SPECIAL ASSESSMENTS. The City will assess the Subject Property for the full cost of constructing sanitary sewer improvements. The assessment will be paid for over Twenty (20) years, together with Eight percent (8%) interest per year on the unpaid balance. The fIrst installment shall be due and payable with taxes in L\97FILES\97SITEPL \RHECHTER\ W AIVER.DOC The Property Owner waives any and all procedural and substantive objections to the public improvements and special assessments, including but not limited to hearing requirements and any claims the assessments exceed the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. 429.081. The PropertY Owner acknowledges the amount of assessment shall be determined by the City and shall not exceed Twenty-Nine Thousand Two Hundred Dollars, ($29,200.00). In addition to the special assessments, connection charges and permit fees will be due and payable at the time the Subject Property connects to the sanitary sewer. 3. BENEFIT TO SUBJECT PROPERTY. Property Owner acknowledges the sanitary sewer improvements benefit the Subject Property in an amount equal to or exceeding the amount referenced in paragraph 3 above. 4. ASSESSMENT TO SlTBJECT PROPERTY ONLY. Property Owner acknowledges that no other party will be charged or no other property will be assessed for the improvements described in this Agreement. 5. ASSESSMENT At'10UNT. Upon City's determination of the full amount of the assessment, City shall notify Property Owner. Thereafter, City shall certify such amount to Scott County for payment in accordance with applicable procedures. CITY OF PRIOR LAKE By By Lydia Andren, Mayor By By Frank Boyles, City Manager (SEAL ) L\97FILES\97SITEPL \RHECHTER\ W AlVER.DOC 2 STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) # !. , ( , The foregoing instrument was acknowledged before me this ~ day of , 1997, by Lydia Andren and Frank Boyles, the Mayor and City Manager, of the CITY OF PRIOR LAKE, a municipal corporation under the laws of MinneSota on behalf of the corporation. Notary Public STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) THIS INSTRUMENT WAS DRAFTED BY: The foregoing instrument was acknowledged before me this / S~ay of Aut as! , 1997, by Ronn Hechter. W L raJ Notary Public -"~.H ~ 1 ~ 1'<1 _ ..., G EWE. R. OUON I ~~ NoIaIV PubIlC-MII.lMOta . _ Ccmm. EJcpireI Jat. 31. 20CID I ~._-.......--...... Campbell, Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Egan, MN 55121 Telephone: (612) 452-5000 L\97FILES\97SITEPL\RHECHTER\ W AIVER.DOC 3