HomeMy WebLinkAbout2022-086CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2022-086
A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR
THE HAMLET ON SUNFISH LAKE PUBLIC SANITARY SEWER
IMPROVEMENT PROJECTS
WHEREAS, in 2020, the City of Lake Elmo (the "City") completed the first phase of a public
improvement project in the Hamlet of Sunfish Lake development (the "Subdivision") to connect the
Subdivision's private sanitary sewer collection system to the City's sanitary sewer system and
decommission the Subdivision's homeowner's association wastewater treatment system (the "2020
Proj ect"); and
WHEREAS, the Sunfish Lake Homeowners' Association (the "HOA") paid the City for the 2020
Project's estimated costs in the amount of $489,500; and
WHEREAS, it was later determined by the City that the actual costs for the 2020 Project was
$597,623, which is a difference of $108,123 (the "2020 Project Difference"); and
WHEREAS, the City agreed to defer payment of the 2020 Project Difference by the HOA to 2021
provided that all of the benefited properties in the Subdivision signed a petition and waiver agreement
agreeing to the assessment amount, so that in the event that the HOA did not pay the 2020 Project Difference
in 2021, the City will be able to collect it through assessments; and
WHEREAS, the second phase of the project consists of improvements and replacement and repair
to the HOA's sanitary sewer collection system with said work being completed in 2021 (the "2021
Proj ect"); and
WHEREAS, the HOA has requested on behalf of the property owners in the Subdivision that the
2020 Project Difference and the 2021 Project costs be assessed by the City instead of the HOA paying these
costs; and
WHEREAS, the City had agreed to consider this request, provided that all of the benefited properties
in the Subdivision sign a petition and waiver agreement agreeing to the assessment amounts for both 2020
and 2021; and
WHEREAS, the City has received signed petition and waiver agreements from all benefited property
owners in the Subdivision whereby they agreed to be assessed for the 2020 Project Difference in an amount
up to $2,640, and they agreed to be assessed for the 2021 Project in an amount up to $15,200; and
WHEREAS, on February 16, 2021, the City Council passed Resolution 2021-019 declaring costs to
be assessed and ordering the preparation of proposed assessments for the Projects; and
WHEREAS, the final project costs have been determined and the actual amount to be assessed for
the 2020 Project Difference will be $1,420, and the actual amount to be assessed for the 2021 Project will
be $12,830, for a total sanitary sewer assessment amount of $14,250 per property.
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.
Such assessment shall be payable in equal annual installments extending over 20 years, the first of
the installments to be payable on or before the first Monday in January, 2023 and shall bear interest
at the rate of 4.05 percent per annum from the adoption date of this assessment resolution. To the
first installment shall be added interest on the entire assessment from the date of this resolution
until December 31, 2022. To each subsequent installment, when due, shall be added interest for
one year on all unpaid installments.
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 TWENTIETH DAY OF
SEPTEMBER, 2022.
CITY OF LAKE ELMO
By:
Charles Cadenhead
(Seal) Mayor
ATTEST:
J li Johns
Clerk