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Home My WebLink About#16 - Tamarack Farm Estates Call for Final Assessment Hearing STAFF REPORT DATE: September 20, 2022 CONSENT AGENDA ITEM: Tamarack Farm Estates Street Improvements – Resolution Declaring Costs to be Assessed and Calling for Hearing on Proposed Assessment 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 call a final assessment hearing for the Tamarack Farm Estates Street Improvements to be held on October 18, 2022? BACKGROUND: On January 19, 2021 the City Council held a public improvement hearing for the Tamarack Farm Estates Street Improvements, and following the hearing adopted the preliminary assessment roll. The preliminary assessment roll consisted of a street and drainage improvement assessment amount of $10,200 for each of the 19 residential properties. The City awarded a construction contract for the Project on June 1, 2021 and the project construction was completed and accepted by the City on December 7, 2021. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429, the Council must declare the amount to be assessed against the benefitting properties and Call the Hearing on the Proposed Assessment for these improvements. The Final Assessment Hearing is proposed for October 18, 2022. The Final Assessment Roll must be certified to the County Auditor by November 30, 2022. Staff has enclosed a proposed Final Assessment Roll which has been calculated in accordance with the City’s Special Assessment Policy and details the proposed assessment for each benefitting property. The table below summarizes the preliminary cost and unit assessment from the feasibility report and the proposed final cost and unit assessment based on estimated total project costs at completion. Tamarack Farm Estates Street Improvements Total Project Costs Unit Assessment (19 Residential Properties) Feasibility Report Estimates $645,000 $10,200 Estimate at Completion $678,800 $10,200 *Assessments for street improvements are being levied over 15 years at 4.05%. FISCAL IMPACT: The estimated total project cost at completion is $678,800 with $193,800 paid through special assessments and the remaining $485,000 paid through the general tax levy. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent agenda, a Resolution Declaring Costs to be Assessed and Calling for the Hearing on the Proposed Assessment. The suggested motion, if removed from the consent agenda, to approve this action is as follows: “Move to approve Resolution No. 2022-083; A Resolution Declaring Costs to be Assessed and Calling for the Hearing on the Proposed Assessment for the Tamarack Farm Estate Street Improvements.” ATTACHMENTS: 1. Resolution Declaring Cost to be Assessed and Calling for Hearing on Proposed Assessment. 2. Notice of Hearing on Proposed Assessment. 3. Final Assessment Roll. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2022-083 A RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING HEARING ON PROPOSED ASSESSMENT FOR THE TAMARACK FARM ESTATES STREET IMPROVEMENTS WHEREAS, estimated total project costs have been calculated for the Tamarack Farm Estates Street Improvements including street and drainage improvements; and WHEREAS, the total cost of the improvements will be $678,800. WHEREAS, the City Clerk and City Engineer have prepared the proposed assessment roll and will maintain said assessment roll on file in the City offices for public inspection. NOW, THEREFORE, BE IT RESOLVED, 1. The portion of the cost of such street and drainage improvements to be covered by the City is hereby declared to be $485,000 and the portion of the cost to be assessed against benefited property owners is declared to be $10,200. 2. The City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land to be benefited by the improvements, and the Clerk has filed a copy of such proposed assessment in the City offices for public inspection. 3. Assessments shall be payable in equal annual installments extending over 15 years for street and drainage improvements, 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 date of the adoption of the assessment resolution. 4. A public hearing shall be held on the 18th day of October, 2022, in the Council Chambers of the City Hall at or approximately after 7:00 P.M. to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. A property owner 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 succeeding year. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTIETH DAY OF SEPTEMBER, 2022. CITY OF LAKE ELMO By: __________________________ Charles Cadenhead (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT TAMARACK FARM ESTATES STREET IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will conduct a public hearing on Tuesday October 18, 2022 at, or approximately after, 7:00 P.M. to consider, and possibly adopt, the proposed assessment against abutting properties for the Tamarack Farm Estates Street Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: Street and drainage improvements along Linden Trail North, within the Tamarack Farm Estates subdivision, including a reconstructed street with new granular subbase drainage layer, new Class 6 aggregate base, new bituminous pavement, and new concrete curb and gutter. You may at any time prior to certification of the assessment to the county auditor on November 18, 2022, 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, 2022. 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 4.05 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, the first of the installments to be payable on or before the first Monday in January 2023 and will bear interest at the rate of 4.05 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 and drainage improvement assessment is $10,200. The total project cost is $678,800. 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, 2022 BY ORDER OF THE LAKE ELMO CITY COUNCIL Charles Cadenhead, Mayor (Published in the Stillwater Gazette on September 23, 2022) CITY OF LAKE ELMO, MN.OCTOBER, 2022TAMARACK FARM ESTATESSTREET IMPROVEMENTSFINAL ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPIDSTREET AND DRAINAGE ASSESSMENT AMOUNT1 SCHUMACHER STEPHEN J 5038 LINDEN TRAIL N 5038 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440034 $10,2002 PALMER STEVEN D & KATHLEEN A 5041 LINDEN TRAIL N 5041 LINDEN TRAIL NLAKE ELMO MN 55042 0102921440027 $10,2003 KATHERINE J LEONIDAS REV TRS 5049 LINDEN TRAIL N 5049 LINDEN TRAIL NLAKE ELMO MN 55042 0102921440028 $10,2004 CARLE NICOLE J 5057 LINDEN TRAIL N 5057 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440029 $10,2005 VINESKI VICKI R & RICHARD E 5063 LINDEN TRAIL N 5063 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440030 $10,2006 WALLRICH WILLIAM T & PHYLLIS A 5067 LINDEN TRAIL N 5067 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440007 $10,2007 MARIE L OLSEN LIV TRS 5073 LINDEN TRAIL N 5073 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440008 $10,2008 STANCUK PETER M & NANCY L 5079 LINDEN TRAIL N 5079 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440009 $10,2009 COLE LUCAS C & STACY L 5080 LINDEN TRAIL N 5080 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440024 $10,20010 ISAACSON MATTHEW 5085 LINDEN TRAIL N 5085 LINDEN TRAIL N LAKE ELMO MN55042 0102921440010 $10,20011 MAIXNER ROBERT D & SHANNON D 5165 LINDEN TRAIL N 5165 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440015 $10,20012 ESVEDBERG LIV TRS 5197 LINDEN TRAIL N 5197 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440016 $10,20013 BILLSTEIN BRADLEY J & KAITLYN 5226 LINDEN TRAIL N 124 LAKESIDE DRIVE STILLWATER MN 55082 0102921440025 $10,20014 GALL LINDA L & RICHARD T 5235 LINDEN TRAIL N 5235 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440017 $10,20015 GMEINDER MARK J & LORI 5257 LINDEN TRAIL N 5257 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440018 $10,20016 WORM THOMAS B & MELISSA R L 5264 LINDEN TRAIL N 5264 LINDEN TRAIL NLAKE ELMO MN 55042 0102921440022 $10,20017 MEZERA RONALD L & HOLLY B 5279 LINDEN TRAIL N 5279 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440019 $10,20018 ELIZABETH JEAN MCGINLEY REV TRS 5288 LINDEN TRAIL N 5288 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440021 $10,20019 CAMPBELL NATHAN J & CAITLIN M 5308 LINDEN TRAIL N 5308 LINDEN TRAIL N LAKE ELMO MN 55042 0102921440020 $10,200TOTAL$193,800ADDRESS MAILING ADDRESS