HomeMy WebLinkAbout#15 Old Village Phase 1-Final Assessment Hearing ADENDA ITEM memo MAYOR & COUNCIL COMMUNICATION
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DATE: October 18, 2016
REGULAR
ITEM # 15
AGENDA ITEM: Old Village Phase 1: Street, Drainage, and Utility Improvements –
Assessment Hearing on Improvements and Adopting the Final Assessment
Roll
SUBMITTED BY: Jack Griffin, City Engineer
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Cathy Bendel, Finance Director
Sarah Sonsalla, City Attorney
Chad Isakson, Assistant City Engineer
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ...................................................................... City Engineer
- Report/Presentation ....................................................................... City Engineer
- Questions from Council to Staff ............................................. Mayor Facilitates
- Open Public Improvement Hearing; Public Input .................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Engineering/Finance.
FISCAL IMPACT: None. Holding the final assessment hearing follows state statute for assessing
benefitting properties for the improvements and adopting the final assessment roll finalizes the special
assessments to be levied for the project.
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to conduct the
Final Assessment Hearing for the Old Village Phase 1 Street, Drainage, and Utility Improvements and to
hear upon any objections to the proposed assessment whether presented verbally or in writing. Following
the Hearing, the Council is asked to consider adopting the final assessment roll.
LEGISLATIVE HISTORY/BACKGROUND INFORMATION: On September 20, 2016, the City
Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the
proposed assessment, and calling for the hearing on proposed assessment for the Old Village Phase 1
Street, Drainage and Utility Improvements.
City Council Meeting [Regular Agenda Item 15]
October 18, 2016
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Pursuant to Minnesota Statutes, Section 429 the Council must declare the final amount to be assessed
against the benefitting properties and the hearing on the proposed assessment for these improvements
must be conducted. Staff has attached a proposed Final Assessment Roll per the unit assessment amounts
presented below. Mailed notice has been provided to each assessed property and notice of the public
hearing has been published in the local paper in accordance with Minnesota Statutes, Section 429. The
Final Assessment Roll must be certified to the County Auditor by November 30, 2016.
The Final Assessment Rolls have been calculated based on the final project costs and in accordance with
the City’s Special Assessment Policy and the assessment methodologies adopted for this project. The
final total project cost is $6,600,000 with the County cost share contribution of $1,047,000. The final total
cost of the street and landscape improvements is $1,456,000; sanitary sewer improvements are $826,000;
regional drainage improvements are $2,719,000; and water system improvements are $552,000. The
watermain replacement and regional storm sewer system are not being assessed.
The final street assessments have been calculated based on the final project costs resulting in a residential
per unit assessment of $8,300, down from the preliminary unit assessment of $9,200; and a commercial
per lineal foot assessment of $230, down from $255. The street and landscape improvements are being
assessed at 30% of the total costs for residential properties using an average residential front footage, and
100% for commercial properties based upon the actual front footage.
The final per REC unit sanitary sewer assessment is $11,000 with some commercial properties being
assigned multiple REC units, down from $14,000 per REC unit. The Feasibility Reports for both Old
Village sanitary sewer projects presented the preliminary assessment amounts to be based on the total cost
for the extension of sanitary sewer for both Phase 1 and Phase 2 of the improvements, divided by the total
number of REC’s (or SAC’s) connecting to the sewer main. The Final Assessment Roll for sanitary sewer
improvements have been prepared based on council direction provided at the September 6, 2016 council
meeting, to assess for sanitary sewer improvements based on the total cost for the overall extension of
sanitary sewer improvements needed to replace all (or substantially all) existing private wastewater
systems in the Old Village area, including the Phase 1 and Phase 2 sewer improvement projects and future
sewer extension projects planned for the Old Village service area.
Assessments for street improvements are being levied over 15 years (increased from 10 years) while the
sanitary sewer improvements will be levied over a 20 year period (increased from 15 years).
RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2016-94;
Adopting the Final Assessment Roll for the Old Village Phase 1 Street, Drainage, and Utility
Improvements. The recommended motion for this action is as follows:
“Move to approve Resolution No. 2016-94, Adopting the Final Assessment Roll
for the Old Village Phase 1 Street, Drainage, and Utility Improvements.”
ATTACHMENT(S):
1. Resolution No. 2016-94 Adopting the Final Assessment Roll on Street and Watermain
Improvements.
2. Notice of Hearing on Proposed Assessment.
3. Final Sanitary Sewer Assessment Roll.
4. Final Street and Landscaping Assessment Roll.
Resolution No. 2016-94 1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-94
A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR
THE OLD VILLAGE PHASE 1 STREET, DRAINAGE, AND UTILITY
IMPROVEMENTS
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 the Old Village
Phase 1 Street, Drainage and Utility Improvements including street drainage and utility
improvements of Upper 33rd Street N, 36th Street N from Laverne Ave N to west end, and
Laverne Avenue North from CSAH 14 to Upper 33rd Street N.
NOW, THEREFORE, BE IT RESOLVED,
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 15 years
for street, drainage and landscaping and 20 years for sanitary sewer, the first of the
installments to be payable on or before the first Monday in January, 2017, and shall bear
interest at the rate of 2.68% percent per annum from the date of the adoption of the
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2016. 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 the certification of the
assessment to the county auditor, pay the whole of the assessment on such property, with
the interest accrued to the date of payment, to the City Clerk, except that no interest shall
be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and he/she may, at any time thereafter, pay to the City Clerk 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. The City Clerk shall forthwith 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 BY THE LAKE ELMO CITY COUNCIL ON THE EIGHTEENTH DAY OF
OCTOBER, 2016.
Resolution No. 2016-94 2
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
Mayor
(Seal)
ATTEST:
________________________________
Julie Johnson
City Clerk
CITY OF LAKE ELMO
NOTICE OF HEARING ON PROPOSED ASSESSMENT
OLD VILLAGE PHASE 1: STREET, DRAINAGE, AND UTILITY
IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will meet in the Council
Chambers of the City Hall at or approximately after 7:00 P.M. on Tuesday, October 18,
2016, to consider, and possibly adopt, the proposed assessment against abutting property
for the Old Village Phase 1: Street, Drainage, and Utility Improvement. Adoption by the
Council of the proposed assessment may occur at the hearing. The following describes
the area proposed to be assessed:
Street, landscape, and streetscape improvements along Upper 33rd Street from
Lake Elmo Avenue to Laverne Avenue, Laverne Avenue from Upper 33rd Street to
CSAH 14, 36th Street from Lake Elmo Avenue to Laverne Avenue, and the Alley
between Laverne Avenue and Lake Elmo Avenue from Upper 33rd Street to 36th
Street.
Sanitary sewer improvements along Upper 33rd Street from where it crosses the
Union Pacific Railroad Tracks to Lake Elmo Avenue, along Laverne Avenue from
Upper 33rd Street to CSAH 14, 36th Street from Lake Elmo Avenue to Laverne
Avenue, and the Alley between Laverne Avenue and Lake Elmo Avenue from
Upper 33rd Street to 200-feet south of 36th Street.
You may at any time prior to certification of the assessment to the county auditor on
November 18, 2016, pay the entire assessment on such property to the City Clerk with
interest accrued to the date of payment. No interest shall be charged if the entire
assessment is paid to the City Clerk 30 days from the adoption of this assessment. You
may at any time thereafter, pay to the City Clerk 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 (date assessment
certified to County Auditor) or interest will be charged through December 31 of the
succeeding year. If you decide not to prepay the assessment before the date given above
the rate of interest that will apply is 2.68 percent per year.
Once assessments are certified to the County, the assessments are payable in equal annual
installments extending over a period of 15 years for street improvements and 20 years for
sanitary sewer improvements, the first of the installments to be payable on or before the
first Monday in January 2017, and will bear interest at the rate of 2.68 percent per annum
from the date of adoption of the assessment resolution. To the first installment shall be
added interest on the entire assessment from the date of the assessment resolution until
December 31, 2016. To each subsequent installment when due shall be added interest for
one year on all unpaid installments.
The proposed assessment roll is on file for public inspection at the City Clerk’s office.
The total amount of the proposed street improvement assessment is $471,460. The total
amount of the proposed sanitary sewer improvement assessment is $561,000. The City
contribution for the overall improvement project is $4,519,898 and Washington County’s
contribution for the overall improvement project is $1,047,328. Written or oral
objections will be considered at the meeting. No appeal may be taken as to the amount of
an assessment unless a written objection signed by the affected property owner is filed
with the municipal clerk prior to the assessment hearing or presented to the presiding
officer at the hearing. The Council may upon such notice consider any objection to the
amount of a proposed individual assessment at an adjourned meeting upon such further
notice to the affected property owners as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes,
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days
after the adoption of the assessment and filing such notice with the district court within
ten days after service upon the Mayor or Clerk.
The City Council is authorized in its discretion to defer the payment of an assessment for
any homestead property owned by a person for whom it would be a hardship to make
payment if the owner is 65 years of age or older and/or the owner is a person retired by
virtue of a permanent and total disability or by a person who is a member of the
Minnesota National Guard or other military reserves who is ordered into active military
service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s
military orders, for whom it would be a hardship to make the payments. The owner must
request a deferment of the assessment at or before the public hearing at which the
assessment is adopted and make application on forms prescribed by the City Clerk within
30 days after the adoption.
Notwithstanding the standards and guidelines established by the City for determining a
hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes
Section 435.193.
DATED: September 20, 2016
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
(Published in the Oakdale-Lake Elmo Review on September 28, 2016)
CITY OF LAKE ELMO, MN.
SEPTEMBER, 2016
OLD VILLAGE PHASE 1: STREET AND UTILITY IMPROVEMENTS
FINAL SANITARY SEWER
ASSESSMENT ROLL
PAGE 1 of 1
NO. NAME PID
ASSESSMENT
AMOUNT SAC
1 AGINCOURT LLC 3459 LAKE ELMO AVE N 8602 NEAL AVE N STILLWATER MN 55082 1302921320041 33,000.00$ 3
2 LENZMEIER JOHN & REHAK VICKY 11178 UPPER 33RD ST N PO BOX 18 LAKE ELMO MN 55042 1302921320042 11,000.00$ 1
3 CHEEE LLC 7250 HUDSON BLVD N OAKDALE MN 55128 1302921310017 11,000.00$ 1
4 CHEEE LLC 11320 UPPER 33RD ST N 7250 HUDSON BLVD N OAKDALE MN 55128 1302921240024 22,000.00$ 2
5 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921230028 11,000.00$ 1
6 JUDITH I MOHAR TRS 3520 LAVERNE AVE N 299 COUNTY RD C2 W ROSEVILLE MN 55113 1302921230027 11,000.00$ 1
7 SQUADRITO FRANK & BARBARA N 3570 LAVERNE AVE N PO BOX 74 LAKE ELMO MN 55042 1302921230072 11,000.00$ 1
8 BUETEL BRUCE W & ARLINE V 3590 LAVERNE AVE N PO BOX 124 LAKE ELMO MN 55042 1302921230073 11,000.00$ 1
9 GERMAN EVANG LUTHERAN CHURCH 11194 36TH ST N 11194 36TH ST N LAKE ELMO MN 55042 1302921230060 33,000.00$ 3
10 BJORKMAN BARBARA E 3650 LAVERNE AVE N 3650 LAVERNE AVE N LAKE ELMO MN 55042 1302921230019 11,000.00$ 1
11 PERLTIER GENE M & ANN E PO BOX 455 LAKE ELMO MN 55042 1302921230018 11,000.00$ 1
12 TRACY R LACRIOX TRS 11199 STILLWATER BLVD N 7485 GRANADA BAY S COTTAGE GROVE MN 55016 1302921230065 88,000.00$ 8
13 LAKE ELMO CREAMERY BLDG LLC 3481 LAVERNE AVE N 7250 HUDSON BLVD N SUITE 160 OAKDALE MN 55128 1302921310016 44,000.00$ 4
14 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921230030 11,000.00$ 1
15 WACKER WILLIAM G & SALLANN 3603 LAVERNE AVE N PO BOX 167 LAKE ELMO MN 55042 1302921230017 11,000.00$ 1
16 FAINT DAVID S & KAREN L KOHL 3617 LAVERNE AVE N 3617 LAVERNE AVE N LAKE ELMO MN 55042 1302921230075 11,000.00$ 1
17 BUTLER BRYAN C & MOLLY K BRENDMOEN 3631 LAVERNE AVE N 3631 LAVERNE AVE N LAKE ELMO MN 55042 1302921230014 11,000.00$ 1
18 WIER RICHARD R & ANNE M 3645 LAVERNE AVE N 3645 LAVERNE AVE N LAKE ELMO MN 55042 1302921230013 11,000.00$ 1
19 SELDEN TERI G 3673 LAVERNE AVE N 3673 LAVERNE AVE N LAKE ELMO MN 55042 1302921230012 11,000.00$ 1
20 BUETEL DOUGLAS J 3693 LAVERNE AVE N 3693 LAVERNE AVE N LAKE ELMO MN 55042 1302921230009 11,000.00$ 1
21 GUERIN KRYSTLE M 3699 LAVERNE AVE N 1171 MANNING AVE S AFTON MN 55001 1302921230008 11,000.00$ 1
22 KOSMAN RICHARD J & CYNTHIA A 11227 STILLWATER BLVD N 20286 ST CROIX TRL N SCANDIA MN 55073 1302921230007 22,000.00$ 2
23 CHRIST LUTHERAN CHURCH LAKE ELMO 3549 LAKE ELMO AVE N PO BOX 310 LAKE ELMO MN 55042 1302921230053 22,000.00$ 2
24 CITY OF LAKE ELMO 3537 LAKE ELMO AVE N 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921230054 11,000.00$ 1
25 DALE AND LINDA QUAST TRS 3251 LAKE ELMO AVE N 14664 57TH ST N STILLWATER MN 55082 1302921230058 11,000.00$ 1
26 KROMSCHROEDER JERRY R 3517 LAKE ELMO AVE N 360 RIVER RD HUDSON WI 54016 1302921230057 11,000.00$ 1
27 LAKE ELMO REAL ESTATE GROUP LLC 3515 LAKE ELMO AVE N 2001 OAK GLEN LN STILLWATER MN 55082 1302921230056 11,000.00$ 1
28 RE HAGSTROM PROP LLC 3511 LAKE ELMO AVE N 15 DELLWOOD AVE WHITE BEAR LAKE MN 55110 1302921230059 22,000.00$ 2
29 RDWAGS LLC 3479 LAKE ELMO AVE N 14 KINNUNEN RD ESKO MN 55733 1302921320026 22,000.00$ 2
30 JRSC LLC 3469 LAKE ELMO AVE N PO BOX 818 STILLWATER MN 55082 1302921320027 11,000.00$ 1
31 CITY OF LAKE ELMO 11200 UPPER 33RD ST N 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921320044 11,000.00$ 1
32 PELTIER GENE M & ANN E 11179 STILLWATER BLVD N PO BOX 455 LAKE ELMO MN 55042 1302921230046 11,000.00$ 1
TOTAL 561,000.00$
ADDRESS MAILING ADDRESS
CITY OF LAKE ELMO, MN.
SEPTEMBER 2016
OLD VILLAGE PHASE 1: STREET AND UTILITY IMPROVEMENTS
FINAL STREET, DRAINAGE, LANDSCAPE, AND STREETSCAPE
ASSESSMENT ROLL
PAGE 1 of 1
NO. NAME PID
ASSESSMENT
AMOUNT
STREET FRONT
FOOTAGE
1 AGINCOURT LLC 3459 LAKE ELMO AVE N 8602 NEAL AVE N STILLWATER MN 55082 1302921320041 23,000.00$ 100
2 GERMAN EVANG LUTHERAN CHURCH 11194 36TH ST N 11194 36TH ST N LAKE ELMO MN 55042 1302921230060 91,770.00$ 399
3 CHRIST LUTHERAN CHURCH 11194 36TH ST N LAKE ELMO MN 55042 1302921230020 9,200.00$ 40
4 CHRIST LUTHERAN CHURCH 11194 36TH ST N LAKE ELMO MN 55042 1302921230061 4,600.00$ 20
5 TRACY R LACRIOX TRS 11199 STILLWATER BLVD N 7485 GRANADA BAY S COTTAGE GROVE MN 55016 1302921230065 50,830.00$ 221
6 LAKE ELMO CREAMERY BLDG LLC 3481 LAVERNE AVE N 7250 HUDSON BLVD N SUITE 160 OAKDALE MN 55128 1302921310016 23,000.00$ 100
7 LAKE ELMO CREAMERY BLDG LLC 7250 HUDSON BLVD N SUITE 160 OAKDALE MN 55128 1302921320083 21,160.00$ 92
8 KOSMAN RICHARD J & CYNTHIA A 11227 STILLWATER BLVD N 20286 ST CROIX TRL N SCANDIA MN 55073 1302921230007 16,790.00$ 73
9 CHRIST LUTHERAN CHURCH LAKE ELMO 3549 LAKE ELMO AVE N PO BOX 310 LAKE ELMO MN 55042 1302921230053 33,810.00$ 147
10 JUDITH I MOHAR TRS 3520 LAVERNE AVE N 299 COUNTY RD C2 W ROSEVILLE MN 55113 1302921230027 13,800.00$ 60
11 JUDITH I MOHAR TRS 299 COUNTY RD C2 W ROSEVILLE MN 55113 1302921230026 9,200.00$ 40
12 LENZMEIER JOHN & REHAK VICKY 11178 UPPER 33RD ST N PO BOX 18 LAKE ELMO MN 55042 1302921320042 8,300.00$ 100
13 JOHNSON STEPHEN D 11320 UPPER 33RD ST N 2915 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320088 8,300.00$ 390
14 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921320044 16,600.00$ 50
15 CITY OF LAKE ELMO 3510 LAVERNE AVE N 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921320031 8,300.00$ 83
16 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921230025 8,300.00$ 80
17 SQUADRITO FRANK & BARBARA N 3570 LAVERNE AVE N PO BOX 74 LAKE ELMO MN 55042 1302921230072 8,300.00$ 125
18 BUETEL BRUCE W & ARLINE V 3590 LAVERNE AVE N PO BOX 124 LAKE ELMO MN 55042 1302921230073 8,300.00$ 205
19 BJORKMAN BARBARA E 3650 LAVERNE AVE N 3650 LAVERNE AVE N LAKE ELMO MN 55042 1302921230019 8,300.00$ 100
20 PERLTIER GENE M & ANN E PO BOX 455 LAKE ELMO MN 55042 1302921230018 8,300.00$ 40
21 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921230030 33,200.00$ 260
22 FAINT DAVID S & KAREN L KOHL 3617 LAVERNE AVE N 3617 LAVERNE AVE N LAKE ELMO MN 55042 1302921230075 8,300.00$ 65
23 BUTLER BRYAN C & MOLLY K BRENDMOE 3631 LAVERNE AVE N 3631 LAVERNE AVE N LAKE ELMO MN 55042 1302921230014 8,300.00$ 95
24 WIER RICHARD R & ANNE M 3645 LAVERNE AVE N 3645 LAVERNE AVE N LAKE ELMO MN 55042 1302921230013 8,300.00$ 120
25 SELDEN TERI G 3673 LAVERNE AVE N 3673 LAVERNE AVE N LAKE ELMO MN 55042 1302921230012 8,300.00$ 90
26 BUETEL DOUGLAS J 3693 LAVERNE AVE N 3693 LAVERNE AVE N LAKE ELMO MN 55042 1302921230009 8,300.00$ 75
27 GUERIN KRYSTLE M 3699 LAVERNE AVE N 1171 MANNING AVE S AFTON MN 55001 1302921230008 8,300.00$ 60
28 ALBRECHT ANDREA 3603 LAKE ELMO AVE N 3603 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921230050 8,300.00$ 147
TOTAL 471,460.00$
*Properties in Red represent Commercial properties.
**Properties in Black represent Residential properties.
ADDRESS MAILING ADDRESS