HomeMy WebLinkAbout#22 - Tamarack Farm Final Assessment STAFF REPORT
DATE: October 18, 2022
FINAL ASSESSMENT HEARING
AGENDA ITEM: Adopt Final Assessment Roll for the Tamarack Farm Estates Street 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: The City Council is respectfully requested to hold a Public Hearing for the proposed assessments for the Tamarack Farm Estates Street Improvements. Following the hearing, should the City Council adopt the final assessment roll? BACKGROUND: On September 20, 2022, 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 Tamarack Farm Estates Street 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, 2022.
Special assessments are levied in accordance with Minnesota Statutes Chapter 429 and consistent with the City’s Special Assessment Policy. 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 a resolution adopting the Final Assessment Roll for the Tamarack Farm Estates Street Improvements. The recommended motion for this action is as follows:
“Move to approve Resolution No. 2022-092, Adopting the Final Assessment Roll for the Tamarack Farm Estates Street 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. 2022-092 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE TAMARACK FARM ESTATES STREET 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 Tamarack Farm Estates Street Improvements including street and drainage along Linden Trail 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, 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. 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, 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, 2022. 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