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Home My WebLink About#18 - Stonegate Final Assessment HearingDATE: October 19, 2021 REGULAR/ASSESSMENT HEARING AGENDA ITEM: Adopt Final Assessment Roll for the Stonegate Addition Street and Utility Improvements SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney Marty Powers, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council adopt the final assessment roll for the Stonegate Addition Street and Utility Improvements? BACKGROUND: On September 21, 2021, 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 Stonegate Addition Street and Utility Improvements. Mailed notice has been provided to each assessed property and notice of the public hearing has been published in the local paper. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the 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 Final Assessment Roll which must be certified to the County Auditor by November 30, 2021. Consistent with conditions outlined in the feasibility report and MPCA grant agreement, properties that opted not to connect to city water within the one-year timeframe will have special assessments for the public improvements imposed against the benefiting properties. There were 59 properties that connected in the one-year timeframe which have been removed from the final assessment roll leaving 6 remaining properties that have not connected. Four (4) of these properties are located in the Stonegate 1st Addition which received only watermain improvements and will therefore be assessed a $35,200 watermain assessment. Two (2) of the properties are located the Stonegate 2nd Addition which received both street and drainage improvements, and watermain improvements and will therefore be assessed a $7,300 street and drainage assessment and a $35,200 watermain assessment. The street and drainage improvements will be levied over a 15-year period and the watermain assessments will be levied over a 20-year period. Assessments would be charged an interest rate of 3.25%. Special assessments are levied in accordance with Minnesota Statutes Chapter 429 and consistent with the City’s Special Assessment Policy. The attached final assessment roll details the proposed assessment for each parcel. Three (3) properties, including 9251 and 9386 9th Street North, and 790 Jasmine Avenue North, were removed from the assessment roll since the September 21, 2021 council meeting at which the council declared costs to be assessed. The Final Assessment Roll has therefore been amended to remove these three additional properties. FISCAL IMPACT: The total project costs for the public watermain and street reconstruction is $3,086,900; including $803,000 for the street and storm sewer improvements and $2,283,900 for the water system improvements. Of these costs, $225,800 will be specially assessed after removing the three additional properties at 9251 and 9386 9th Street North, and 790 Jasmine Avenue North. Holding the final assessment hearing follows state statute for assessing benefitting properties and adopting the final assessment roll finalizes the special assessments to be levied for the improvements. RECOMMENDATION: Staff is recommending that the City Council approve a resolution adopting the Final Assessment Roll for the Stonegate Addition Street and Utility Improvements. The recommended motion for this action is as follows: “Move to approve Resolution No. 2021-114, Adopting the Final Assessment Roll for the Stonegate Addition Street and Utility Improvements.” ATTACHMENTS: 1. Resolution Adopting the Final Assessment Roll. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2021-114 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE STONEGATE ADDITION STREET & 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 Stonegate Addition Street and Utility Improvements including street, drainage, and watermain improvements along Julep Avenue North, and Jewel Avenue North, and water improvements along 9th Street North and Jasmine 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 improvements, the first of the installments to be payable on or before the first Monday in January, 2022 and shall bear interest at the rate of 3.25 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, 2021. 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 NINETEENTH DAY OF OCTOBER, 2021. CITY OF LAKE ELMO By: __________________________ Charles Cadenhead (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT STONEGATE STREET AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will conduct a public hearing on Tuesday October 19, 2021 at, or approximately after, 7:00 P.M. to consider, and possibly adopt, the proposed assessment against abutting properties for the Stonegate Street and Utility Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: The extension of public watermain into the Stonegate 1st Addition to provide clean drinking water within the neighborhood, including a water service stub to the public right-of-way. The following properties are proposed to be assessed for the improvements: • 9073, 9242, 9251, and 9386 9th Street North • 790, 829, and 974 Jasmine Avenue North The extension of public watermain into the Stonegate 2nd Addition to provide clean drinking water within the neighborhood, including a water service stub to the public right-of-way; a reconstructed street with new concrete curb and gutter; and repair or restoration of the existing street drainage system. The following properties are proposed to be assessed for the improvements: • 483 Julep Avenue North • 687 Jewel Avenue North You may at any time prior to certification of the assessment to the county auditor on November 19, 2021, 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 prior to November 18, 2021. 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 (for the assessment to be 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 3.25 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 and drainage improvements and 20 years for watermain improvements, the first of the installments to be payable on or before the first Monday in January 2022 and will bear interest at the rate of 3.25 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, 2021. 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 $14,600. The total amount of the proposed watermain assessment is $316,800. The total project costs for the public watermain and street reconstruction is $3,086,900. 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 21, 2021 BY ORDER OF THE LAKE ELMO CITY COUNCIL Charles Cadenhead, Mayor (Published in the Stillwater Gazette on September 24, 2021) CITY OF LAKE ELMO, MN.SEPTEMBER 2021STONEGATE ADDITION STREET AND UTILITY IMPROVEMENTSFINAL ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPIDTOTAL ASSESSMENTSTREET & DRAINAGE ASSESSMENTWATERMAIN ASSESSMENT1 MILNAR GREGORY B & BEVERLY B 9073 9TH ST N 9073 9TH ST N LAKE ELMO MN 55042 3402921220005 $35,200 $35,2002 YEMANEAB SEMHAR T & YOHANNA W 9242 9TH ST N 11406 SAND CASTLE DR WOODBURY MN 55129 3402921220012 $35,200 $35,2003 INTIHAR KEVIN & WINDY 829 JASMINE AVE N 829 JASMINE AVE N LAKE ELMO MN55042 3402921230006 $35,200 $35,2004 YANG DAO G & NALY T 974 JASMINE AVE N 974 JASMINE AVE N LAKE ELMO MN 55042 3402921220001 $35,200 $35,2005 ROSSOW CRAIG L 483 JULEP AVE N PO BOX 94 LAKE ELMO MN 55042 3402921240007 $42,500 $7,300 $35,2006 POMEROY FRED W 687 JEWEL AVE N 687 JEWEL AVE N LAKE ELMO MN 55042 3402921110007 $42,500 $7,300 $35,200TOTALS $225,800 $14,600 $211,200ADDRESS MAILING ADDRESS