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Home My WebLink About[09] Hearing on Improvements - Field Street s Council Agenda Item 9 t.�r car i.�c� s"",'otI g MEETING DATE: January 4, 2016 AGENDA ITEM: Public Hearing—2016 Field Street SUBMITTED BY: Engineering/Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The City Council authorized and received the feasibility report for the proposed 2016 Field Street Improvement. In addition the Council authorized the public improvement hearing. BACKGROUND INFORMATION: The public hearing process is regulated through the 429 process which includes a series of resolutions that must be adopted by the Council. The City Council has already completed the first resolution by accepting the feasibility report calling for a public hearing. Part of the public hearing is to provide a reasonable estimate as to the cost of the project and impact to residents. Included in the information for the packet is a preliminary assessment roll. The purpose of this hearing is not to focus on the assessment; rather the merits of the project. At this time the project is not designed and the numbers are merely an estimate. Residents will have an opportunity at a later time to discuss the assessments when final numbers are available. As a reminder the assessment policy starts at 60% but when we have actual numbers (bid prices)we will prepare an assessment roll and at that time look at the added value. When the 2015 street project was assessed, based on the dollar impact, 60%was assessed. It is not the percentage that matters, rather the dollar value. Some background on Field Street—When Graceview Estates was developed (2001/2002), a transportation study was completed and the extension/creation of east/west corridors where planned, specifically Callaway and now Field Street. In fact,the ROW was provided through the platting process. At that same time the City purchased property from the College of St. Benedict that extends from CR 121/College Avenue to the western edge of Graceview Estates. The development of Field Street is also included in the 2012 St.Joseph Transportation Plan and 2004 Corridor Study. Both documents identifies the new east/west collector between College Avenue and 201h Ave as a necessary component in the City transportation network. ATTACHMENTS: Request for Council Action Hearing Notice Proposed Resolution Letter from CSB Attorney—Tom Mathews Preliminary Plat (Graceview Estates) Proposed Road Alignment REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2016- 002 ORDERING IMPROVEMENT AND PREPARATION OF PLANS for 2016 Field Street Improvement. (Note: A 4/5 vote is required to order an improvement.) .1."q CITY OF ST. JOSEPH www.cityofstjoseph.com Administrator Judy Weyrens CITY OF ST.JOSEPH Mayor NOTICE OF HEARING ON IMPROVEMENT Rick Schultz Field Street Councilors Notice is hereby given that the City Council of St.Joseph will meet in the City Hall Council Matt Killam Chambers, 25 College Avenue North, at 6:30 PM on January 4, 2016 to consider the making of Bob Loso Renee Symanietz an improvement entitled Field Street, a new east/west collector beginning on College Avenue S Dale wick at a point approximately 1,550 feet north of Hill Street W, and the southerly extension of 7th Avenue SE to a point approximately 600 feet south of the Graceview Estates 4 subdivision; and the improvement of 7th Avenue SE beginning at the intersection of 7th Avenue SE and Elena Ln in the Graceview Estates 4 subdivision and a point approximately 600 feet south of the Graceview Estates 4 subdivision by constructing sanitary sewer,water main, storm drain, storm water treatment, bituminous street,trail, sidewalk, and lighting improvements pursuant to MN Statute §429.011 to 429.111. The estimated cost of the improvement is$3,000,000.00. A reasonable estimated cost of the impact of the assessments will be available at the hearing and on the City website (www.cityofstioseph.com). Such persons, as desired to be heard with reference to the proposed improvement,will be heard at this meeting. Judy Weyrens Administrator ,f, i iA ,Rva CITY OF ST. JOSEPH RESOLUTION 2016-002 ORDERING IMPROVEMENT AND PREPARATION OF PLANS 2016 Field Street Improvements WHEREAS, a resolution of the city council adopted on the 7th day of December, 2015, fixed a date for a council hearing on the proposed improvement of the area between College Avenue South and 7"' Avenue South. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 4th day of January, 2016, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 4th day of January, 2016. 3. SEH is here by designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. Adopted by the council on this 4th day of January, 2016. Rick Schultz, Mayor Judy Weyrens, Administrator . . ��rToxNrYs THot�tTs E.Mn�rr�t�ws JOHN L.GREER JOHN F.MA1"HEWS Jntvi�P.A.Moaaicxn�v KFviN J.HucxFs (OF�Coun�s�L) NOTICE OF OBJECTION TO ASSESSMENTS December 28, 201 S VIA E-MAIL AND U.S. MAIL Mayor Rick Schultz City of St. Joseph City Hall 25 College Avenue North St. Joseph, MN 56374 , _ rschu1tz25(cr�,msn.com RE: Notice of Hearing- Field Street Improvements Our File No. 103-00018 Dear Sir: I was asked ta respond on hehalf of the College of Saint Benedict regarding the improvements to Field Street and potential assessments for the improvements. I have reviewed the Feasibility Report dated as of December 3, 2015, and the Preliminary Assessment Roll included within the Report. The Callege has two parcels that are included within the Assessment Roll, which are: 1. Lot 1, Block 1 of College Addition, which was developed in 2004 and 2005 as the residence for the President of the College (the "President's Residence"). The property was developed pursuant to the Development Agreement dated August 5, 2004 (the"2004 Development Agreement"). The President's Residence was platted as a separate parcel of approximately 4.0 acres and zoned R-1, single family residential, with a restriction that it ca.nnot be used for rental purposes; and 2. Outlot D of College 2nd Addition, which is a large parcel of approximately 28 acres that was created with the development of the Centennial Commons, a student 622 RoosEVELr Ron�>SurTE 280•P.O.Box 548•ST.Cloun,M�NNEsoTn 56302-0548 E-MAn:attorneysC�hughesmathews.com•www.hughesmathews.com TeLe�xoNE:320.251.4399•Fnx:320.2515781 Mayor Rick Schultz December 28, 2015 Page 2 residential facility. The property was developed pursuant to the Development Agreement dated October 31, 2011 (the "2011 Development AgreemenY'). Outlot D and the other parcels subject to the 2011 Development Agreement were zoned as R-4, residential zone. The College requested that the Comprehensive Plan be amended to permit the property to fall within the Educational and Ecclesiastical District, which is how the College's main campus is zoned. The Planning Commission did not approve the change to the Comprehensive Plan. The R-4 zone along with a Planned Unit Development was approved. Outlot D is to be developed as Phase II under the 2011 Development Agreement. Outlot D is required to be used for recreational facilities and athletic fields, including softball fields, tennis courts, soccer fields, a running track, concession stands, and restroom facilities. The College has plans to start the development of Outlot D in 2016, in accordance with the Phase II requirements. The College objects to the potential assessments for the Field Street improvements on two grounds: 1. The proposed assessments do not comply with three agreements between the City and the College, which are: (i) the 2004 Development Agreement; (ii}the 2011 Development Agreement; and (iii) the Agreement between the City of St. Joseph, Minnesota and The College of Saint Benedict Relating to the Acquisition of Land for the Location of Roads dated May 19, 2003 (the "2003 Agreement"); and 2. The improvements proposed for the Field Street project,when completed, will have no benefit for the College's two parcels and will not result in any increase in the parcels' value. The value of the benefit assessed to the parcels exceeds the increase in market value due to the improvements. The following is in support of the first ground: The 2004 Development Agreement, in part,provides that the College will make storm water improvements for the development of the President's Residence, and if such improvements do not equal a calculated rate per square foot, the College would make payment for the difference. The 2004 Development Agreement satisfied the College's obligation regarding the President's Residence for the storm sewer and the assessment for the Field Street improvements. The potential assessment in the Feasibility Report would result in a double charge. T'he 2011 Development Agreement, in part,provides that the College is required to make improvements for managing and treating storm water runoff regazding Outlot D. The College shall receive a credit, as set forth in the 2011 Development Agreement, for the costs incurred by the College. As indicated above, the College will be making the improvements in accordance with the 2011 Development Agreement with the City beginning in 2016. The 2011 Development Agreement is the controlling Agreement Mayor Rick Schultz December 28, 2015 Page 2 relating to storm assessments and not the Feasibility Study or the City's assessment policies. The 2003 Agreement, in part, provides that the College will not be assessed for any costs relating to the construction of Callaway Street or what will become Field Street unless the College wishes access from those streets. The 2003 Agreement was the result of a settlement of condemnation matters commenced by the City for the development of Callaway Street and the parcel to be used for Field Street. In accordance with the terms of the 2003 Agreement, the College did require access from Calloway Street and paid the City a negotiated fee. If the College wishes to use Field Street for access, the City and College are to negotiate the access fee. Access to the President's Residence is from College Avenue. The access to the improvements to Outlot D, as shown in the 2011 Development Agreement, will also be from College Avenue. The College has no need to use Field Street. The 2003 Agreement is the controlling Agreement regarding the assessment for roadway improvements. The following is in support of the second ground: The President's Residence was constructed with special features usable for special functions that are not found in a single family dwelling. In essence, the facility is a special use facility, and neither the structure nor the land can be subdivided or converted to any other use. The Field Street improvements provide no potential increase in the market value of the property. By the terms of the 2011 Development Agreement, Outlot D is required to be used only for recreational and athletic purposes and can be developed only as part as Phase II as shown in the 2011 Development Agreement. The Field Street improvements provide no potential increase in the market value of the property. In fact, the improvements may actually lessen the value. V ery truly yours, ��""`.'�'o- � �-' Thomas E. Mathews cc: Judy Weyrens(via E-Mail only) Susan Palmer(via E-Mail only) Brad Sinn(via E-Mail only) TEM:rIk �osr�ma 9.lVldLO£LO + SllI3l'l3SV3 JJJ1UII ONV 3tMIMIQ 'L Ot 0<lIO-<£II-000"'- Zim: 'ON 3SK3Of1 3iVO == ~ ONnoJ lN31'fr\l'Ðn NmlI S3l0N30 . - - - - - -="01 KU-tO~ (Ol~) XVJ £~~~~~ .I.!WIC(I~ ~ "= ~ J3S JJI3~nNO~ NOOI S310IGQ 0 _ _ ~ ~ _ --./" K~t-8"~ (œ£) ttit-jK-II1< dODO :>Qüoro SIIIt'3JS 310d æMOd tJ¡ ill .133J NJ 3'l"t:)S - - - - - --"g 8L£9Ç Nrt 'SOJdT"d >lnYS LtZO-0i6-œ£ SHOl1YNJtN N3WS 310d mÐfl ,-. 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O(.~~~~~=:: -LNJf1/d07J.~7t7/-LNJOI5J¿¡ -LINfl OJNNt/7d' . 5J-L VJ.5J MJII13:JV¿¡D ..:10 -L Vld Á¿¡VNlf1/17J¿¡d OPINION OF PROBABLE COST ITEMUNIT OF APPROXIMATE NO.ITEM DESCRIPTIONMEASUREMENTQUANTITYUNIT PRICECOSTTOTAL GENERAL STREET SANITARY SEWER WATER MAIN