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Home My WebLink About#20 - Old Village Phase 3 Final Assessment Hearing STAFF REPORT DATE: October 16, 2018 REGULAR ITEM #: 20 AGENDA ITEM: Old Village Phase 3 Street and Utility Improvements – Adopting the Final Assessment Roll SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sue Iverson, Finance Director Sarah Sonsalla, City Attorney Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council adopt the final assessment roll for the Old Village Phase 3 Street and Utility Improvements? BACKGROUND: The City of Lake Elmo is extending sanitary sewer to serve the existing properties in the Old Village area to replace the use of private on-site sewage treatment systems. The project also includes regional drainage improvements to address historic flooding issues in the Downtown area, the replacement of aged watermain pipes and reconstructing the public streets that are disturbed during the work. The Improvements are being constructed in phases and through separate projects. The Old Village Phase 3 Street and Utility Improvements project was constructed in 2017 and 2018 and the work is now complete. On September 4, 2018, 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 3 Street and Utility Improvements. On October 2, 2018 the Final Assessment Hearing was held and closed after hearing from property owners wishing to address the Council. Mailed notice was provided to each assessed property and notice of the public hearing was been published in the local paper. The property owner at 11200 Stillwater Boulevard filed an objection to the final assessments and requested that a 30-foot drainage easement be deducted from the front footage calculation for that property and that the property assessments be allocated in proportion to the square footage for each office condo rather than by equal units. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties. Staff has attached a Final Assessment Roll which must be certified to the County Auditor by November 30, 2018. The Final Assessment Rolls have been calculated based on the final project costs and in accordance with the City’s Special Assessment Policy. The total project cost, at completion, is $2,052,500; down from the feasibility report cost of $2,498,100. The table below summarizes the preliminary unit assessment from the feasibility report and the proposed final unit assessment. For the Laverne Avenue commercial area, the final street and drainage unit assessment has been calculated using 100% of the total Street and Drainage Improvement project costs, assessed per lineal front foot. However, this portion of the project cost exceeded the feasibility report estimate and the unit assessment is not allowed to be increased. Therefore, the feasibility report unit assessment for the commercial properties was held at the preliminary assessment amount of $205 / linear foot or 93% of the total project costs. At the request of the Twin Gable Office Condominiums located at 11200 Stillwater Boulevard, the final assessment roll has been revised to reallocate the overall property assessments in accordance with their prescribed percentage breakdown. Special Assessment Waiver Agreements have been executed and received from all 8 units essentially agreeing to this assessment reallocation. Laverne Ave Area, North of CSAH14 Feasibility Report Assessment Rate Final Assessment Rate Difference Street and Storm Sewer Improvements $205 / Linear Foot $205 / Linear Foot $0 Sanitary Sewer Improvements $11,300 / SAC $11,300 / SAC $0 Watermain Assessment Rate $0 $34,837* $34,837 *The owner of 3825 Lake Elmo Avenue North requested water service be extended to their property and signed a waiver of assessment to complete the work. For the 31st Street neighborhood, the street and drainage improvements were assessed at 30% of the total project costs, assessed per unit (or residential household). In accordance with the City assessment policy, one property is being assessed 50% of the unit assessment because they have a driveway access to two different streets and will be assessed for improvements to each street project. 31st Street Neighborhood Feasibility Report Assessment Rate Final Assessment Rate Difference Street and Storm Sewer Improvements $8,700 $6,900 ($1,800) Sanitary Sewer Improvements $11,300 / SAC $11,300 / SAC $0 FISCAL IMPACT: The total project cost is $2,052,500 with the City cost share at $890,838, including $447,075 for the street and drainage improvements and $418,063 for watermain improvements. The remaining costs are proposed to be assessed against the benefitting properties consistent with the City’s Special Assessment Policy including proposed assessments in the amount of $567,225 for the street and drainage improvements, $983,100 for the sanitary sewer improvements, and $34,837 for watermain improvements. The remainder of watermain improvements will be funded through the water enterprise fund and the trail improvements will be funded through the park funds. RECOMMENDATION: Staff is recommending that the City Council approve a resolution adopting the Final Assessment Roll for the Old Village Phase 3 Street and Utility Improvements. The recommended motion for this action is as follows: “Move to approve Resolution No. 2018-111, Adopting the Final Assessment Roll for the Old Village Phase 3 Street and Utility Improvements.” ATTACHMENTS: 1. Resolution Adopting the Final Assessment Roll on Street Improvements. 2. Final Assessment Roll. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-111 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR OLD VILLAGE PHASE 3 STREET 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 3 Street, Drainage, and Utility Improvements including street, drainage, watermain and sanitary sewer improvements along 31st Street North, Laverne Court, Layton Court, and Laverne Avenue North. 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 and drainage improvements and 20 years for watermain and sanitary sewer improvements, the first of the installments to be payable on or before the first Monday in January, 2019 and shall bear interest at the rate of 3.26% percent per annum from the adoption date of this assessment resolution for the street and drainage improvements and sanitary sewer improvements, and shall bear interest at the rate of 3.30% percent per annum from the adoption date of this assessment resolution for the watermain improvements. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. 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 October 31 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 SIXTEENTH DAY OF OCTOBER, 2018. CITY OF LAKE ELMO By: __________________________ (Seal) Mike Pearson ATTEST: Mayor ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO, MN.SEPTEMBER 2018OLD VILLAGE PHASE 3: STREET AND UTILITY IMPROVEMENTS31ST STREET NEIGHBORHOODFINAL ASSESSMENT ROLLSTREET AND DRAINAGE AND SANITARY SEWER ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPIDTOTAL ASSESSMENT AMOUNTSTREET & DRAINAGE ASSESSMENT AMOUNTSANITARY SEWER ASSESSMENT AMOUNT SAC1 KELLY LISA M & JOHN W 11200 31ST ST N 11200 31ST ST N LAKE ELMO MN 55042 1302921330032 18,200.00$ 6,900.00$ 11,300.00$ 12 SACHS RICHARD J & DEBORAH J 11212 31ST ST N 11212 31ST ST N LAKE ELMOMN 55042 1302921330033 18,200.00$ 6,900.00$ 11,300.00$ 13 TERRELL SARA A 11230 31ST ST N 11230 31ST ST N LAKE ELMO MN 55042 1302921330034 18,200.00$ 6,900.00$ 11,300.00$ 14 COSTELLO PAUL T 11252 31ST ST N 11252 31ST ST N LAKE ELMO MN 55042 1302921340011 18,200.00$ 6,900.00$ 11,300.00$ 15 CRIEGO GAIL A 11272 31ST ST N 11272 31ST ST N LAKE ELMO MN 55042 1302921340012 18,200.00$ 6,900.00$ 11,300.00$ 16 KENT S TARBUTTON TRS 11292 31ST ST N 7656 BIRMINGHAM FOREST DR FRISCOTX 75034 1302921340013 18,200.00$ 6,900.00$ 11,300.00$ 17 BURNS AMY P 11306 31ST ST N 11306 31ST ST N LAKE ELMO MN 55042 1302921340014 18,200.00$ 6,900.00$ 11,300.00$ 18 WAGONER BRIAN K & ELIZABETH A FLAMO WAGONER 11334 31ST ST N 11334 31ST ST N LAKE ELMO MN 55042 1302921340015 18,200.00$ 6,900.00$ 11,300.00$ 19 DUPIUS LUC M & ROCHELLE M MCCUNE 3151 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330009 3,450.00$ 3,450.00$ ‐$ 010 BLOOMQUIST ERIN C & LEE C 11225 31ST ST N 11225 31ST ST N LAKE ELMO MN 55042 1302921330035 18,200.00$ 6,900.00$ 11,300.00$ 111 PRITCHARD KENNETH L & AUDRA L 11269 31ST ST N 11269 31ST ST N LAKE ELMO MN 55042 1302921340017 18,200.00$ 6,900.00$ 11,300.00$ 112 SCORE BLAKE N & BRENDA K 11295 31ST ST N 11295 31ST ST N LAKE ELMO MN55042 1302921340016 18,200.00$ 6,900.00$ 11,300.00$ 113 WILLIAM C HJELMGREN TRS 3153 LAYTON CT N 3153 LAYTON CT N LAKE ELMO MN 55042 1302921340020 18,200.00$ 6,900.00$ 11,300.00$ 114 KECK BRIAN W & SCHILTGEN MOLLY 3127 LAYTON CT N 3127 LAYTON CT N LAKE ELMO MN 55042 1302921340021 18,200.00$ 6,900.00$ 11,300.00$ 115 MENENDEZ ARMANDO & ELLA S 3105 LAYTON CT N 3105 LAYTON CT N LAKE ELMO MN 55042 1302921340022 18,200.00$ 6,900.00$ 11,300.00$ 116 MATTILA JOSHUA & JESSICA 3091 LAYTON CT N 3091 LAYTON CT N LAKE ELMOMN 55042 1302921340025 18,200.00$ 6,900.00$ 11,300.00$ 117 IRENE DAU TRS AGR 3081 LAYTON CT N 3081 LAYTON CT N LAKE ELMO MN 550421302921340030 18,200.00$ 6,900.00$ 11,300.00$ 118 KINDLER BRIAN T 3084 LAYTON CT N 3084 LAYTON CT N LAKE ELMO MN 55042 1302921340029 18,200.00$ 6,900.00$ 11,300.00$ 119 KOFOED DONALD E & CAROL A 3094 LAYTON CT N 3094 LAYTON CT N LAKE ELMO MN 55042 1302921340026 18,200.00$ 6,900.00$ 11,300.00$ 120 GLANZER RICHARD D & EILEEN S 3112 LAYTON CT N 3112 LAYTON CT N LAKE ELMO MN 55042 1302921340019 18,200.00$ 6,900.00$ 11,300.00$ 121 AUDREY L OLSEN TRS 3124 LAYTON CT N 3124 LAYTON CT N LAKE ELMO MN 55042 1302921340018 18,200.00$ 6,900.00$ 11,300.00$ 122 KNOLL CRAIG M & DIANE C 3127 LAVERNE CT N 3127 LAVERNE CT N LAKE ELMO MN 55042 1302921340023 18,200.00$ 6,900.00$ 11,300.00$ 123 MAGISTAD JOHN M & AMY T 3115 LAVERNE CT N 3115 LAVERNE CT N LAKE ELMO MN 55042 1302921340024 18,200.00$ 6,900.00$ 11,300.00$ 124 MADSEN STEPHEN & ANNE M SCHLOEGEL 3099 LAVERNE CT N 3099 LAVERNE CT N LAKE ELMO MN 55042 1302921340027 18,200.00$ 6,900.00$ 11,300.00$ 125 LUCILLE C ZIGNEGO TRS 3081 LAVERNE CT N 3081 LAVERNE CT N LAKE ELMO MN 55042 1302921340028 18,200.00$ 6,900.00$ 11,300.00$ 126 SNOWELL N RALEIGH REV TRS 3074 LAVERNE CT N 3074 LAVERNE CT N LAKE ELMO MN 55042 1302921340033 18,200.00$ 6,900.00$ 11,300.00$ 127 GEVING NANCY E 3124 LAVERNE CT N 3124 LAVERNE CT N LAKE ELMO MN 55042 1302921330036 18,200.00$ 6,900.00$ 11,300.00$ 1TOTAL476,650.00$ 182,850.00$ 293,800.00$ ADDRESS MAILING ADDRESS CITY OF LAKE ELMO, MN.SEPTEMBER 2018OLD VILLAGE PHASE 3: STREET AND UTILITY IMPROVEMENTSLAVERNE AVENUE AREAFINAL ASSESSMENT ROLLSTREET, SANITARY SEWER, AND WATERMAIN ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPIDTOTAL ASSESSMENT AMOUNTSTREET, DRAINAGE, SIDEWALK ASSESSMENT AMOUNTSTREET FRONT FOOTAGESANITARY SEWER ASSESSMENT AMOUNT SACWATERMAIN ASSESSMENT AMOUNT1 ISD 834 STILLWATER 1875 GREELY ST S STILLWATER MN 55082 1302921220001 20,500.00$ 20,500.00$ 100 ‐$ 02 ISD 834 STILLWATER 11030 STILLWATER BLVD N 1875 GREELY ST S STILLWATER MN 55082 1302921230001 474,600.00$ ‐$ 0 474,600.00$ 423 WESTBROOK ASSOCIATES 3825 LAKE ELMO AVE N PO BOX 36 STILLWATER MN 55082 1302921220002 80,037.00$ ‐$ 0 45,200.00$ 4 34,837.00$ 4 CITY OF LAKE ELMO 3800 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN55042 1302921220009 44,920.00$ 33,620.00$ 164 11,300.00$ 15 CITY OF LAKE ELMO 3880 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN55042 1302921220026 46,125.00$ 46,125.00$ 225 ‐$ 06 CITY OF LAKE ELMO 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921220025 25,625.00$ 25,625.00$ 125 ‐$ 07 EXCEL PARTNERS LLC 11343 39TH ST N 11343 39TH ST N LAKE ELMO MN 550421302921220008 56,785.00$ 56,785.00$ 277 ‐$ 08 RULE 36 LMDT PARTNRSHP DULUTH 3819 LAVERNE AVE N 600 25TH AVE S #105 ST. CLOUD MN 56301 1302921220007 81,050.00$ 47,150.00$ 230 33,900.00$ 39 LEONARD INVESTMENTS LLC 11144 STILLWATER BLVD N 1000 CONCORD ST S SOUTH ST. PAUL MN 55075 1302921230004 124,330.00$ 79,130.00$ 386 45,200.00$ 410 THARROS LLC 11200 STILLWATER BLVD N #100 4350 MCDONALD DRIVE CT NSTILLWATER MN 55082 1302921220016 19,426.03$ 13,391.83$ 65 6,034.20$ 0.53411 NORTHERN LIGHTS INFO SYS LLC 11200 STILLWATER BLVD N #101 11200 STILLWATER BLVD N #101 LAKE ELMO MN 55042 1302921220017 13,641.88$ 9,404.38$ 46 4,237.50$ 0.37512 ERBAN DOROTHY DAVIDSON 11200 STILLWATER BLVD N #102 3748 OAKGREEN AVE N STILLWATER MN 55082 1302921220018 7,093.78$ 4,890.28$ 24 2,203.50$ 0.19513 ERBAN DOROTHY DAVIDSON 11200 STILLWATER BLVD N #103 3748 OAKGREEN AVE N STILLWATER MN 55082 1302921220019 13,751.01$ 9,479.61$ 46 4,271.40$ 0.37814 FLACKEY DEAN E 11200 STILLWATER BLVD N #104 532 OLD HWY 35 HUDSON WI 54016 1302921220020 13,641.88$ 9,404.38$ 46 4,237.50$ 0.37515 STROP BRIAN A & DENISE M 11200 STILLWATER BLVD N #105 2930 30TH STREET CIRCLE N LAKE ELMO MN 55042 1302921220021 13,641.88$ 9,404.38$ 46 4,237.50$ 0.37516 HOBBY FARMS INC 11200 STILLWATER BLVD N #106 11550 STILLWATER BLVD N #123 LAKE ELMO MN 55042 1302921220022 14,187.55$ 9,780.55$ 48 4,407.00$ 0.39017 SCMC PROPERTIES LLC 11200 STILLWATER BLVD N #107 11200 STILLWATER BLVD N #107 LAKE ELMO MN 55042 1302921220023 13,751.01$ 9,479.61$ 46 4,271.40$ 0.37818 D3PL PROPERTIES LLC 11240 STILLWATER BLVD N 11240 STILLWATER BLVD N LAKE ELMO MN 55042 1302921210006 45,200.00$ ‐$ 0 45,200.00$ 4TOTAL1,108,307.00$ 384,170.00$ 689,300.00$ 34,837.00$ ASSESSABLE PROPERTY ADDRESSMAILING ADDRESS