HomeMy WebLinkAbout#15 - Torre Pines Final Assessment Hearing STAFF REPORT
DATE: September 19, 2023
FINAL ASSESSMENT HEARING
AGENDA ITEM: Adopt Final Assessment Roll for the Torre Pines Street and Utility Improvements SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney Clarissa Hadler, Finance Director 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 Torre Pines Street and Utility Improvements. Following the hearing, should the City Council adopt the final assessment roll? BACKGROUND: On August 15, 2023, 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 Torre Pines 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. 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. Formal mailed notice, dated September 9, 2022 was sent to each property indicating that the public watermain was available for connection and that the property owner had one year to complete the water service connection and well abandonment work. The allocated one-year timeframe to meet this eligibility and to abate the public improvement assessments will expire on November 11, 2023. A reminder notice was sent on June 14, 2023. 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 held. Staff has attached a Final Assessment Roll which must be certified to the County Auditor by November 17, 2023. Properties that provide proof of connection to
city water and sealing of their private well by the November 11, 2023 deadline will be removed from the
assessment roll prior to certifying the assessments to Washington County.
There are 9 properties that completed the connection to city water and abandoned their private well(s) prior to the council declaring the costs to be assessed. Five (5) additional properties, including 8180 21st Street North, 8260 21st Street North, 8006 22nd Court North, 8047 22nd Court North, and 8074 22nd Court North were removed from the assessment roll since the August 15, 2023 council meeting. The Final Assessment Roll has therefore been amended to remove these five additional properties. Special assessments are levied in accordance with Minnesota Statutes Chapter 429 and consistent with the City’s Special Assessment Policy. Attached to this agenda report is a summary of the Estimated Total Project Costs showing the cost breakdown by infrastructure component and resulting unit assessment. Based on the Estimated Final Project Cost at completion, the public watermain assessment is reduced from
$38,000 down to $27,500 per residential property, and the public street and storm sewer assessment is
reduced from $12,300 down to $11,600 per residential property. 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 4.75%. FISCAL IMPACT: The estimated total project cost for the public improvements $1,520,000; including
$887,500 for the street, drainage and storm sewer improvements and $632,500 for the water system improvements. Of these costs, $104,400 will be specially assessed for street and drainage improvements and $247,500 will be specially assessed for watermain improvements. The remaining costs will be covered by grant funds from the 3M Settlement Grant Agreement for the project. RECOMMENDATION: Staff is recommending that the City Council approve a resolution adopting the Final Assessment Roll for the Torre Pines Street and Utility Improvements. The recommended motion for this action is as follows:
“Move to approve Resolution No. 2023-094, Adopting the Final Assessment Roll for the Torre Pines Street and Utility Improvements.” ATTACHMENTS:
1. Resolution Adopting the Final Assessment Roll. 2. Notice of Hearing on Proposed Assessment. 3. Estimated Total Project Cost at Completion.
4. Final Assessment Roll.
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2023-094 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE TORRE PINES 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 Torre Pines Street and Utility Improvements including street and drainage and watermain improvements along 21st Street North, 22nd
Street North, and 22nd Street Court 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, 2024 and shall bear interest at the rate of 4.75 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, 2023. 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 SEPTEMBER, 2023. CITY OF LAKE ELMO By: __________________________ Charles Cadenhead
(Seal) Mayor ATTEST:
________________________________ Julie Johnson City Clerk
CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT TORRE PINES STREET AND UTILITY IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will conduct a public hearing on Tuesday September 19, 2023 at, or approximately after, 7:00 P.M. at Lake Elmo City Hall to consider, and possibly adopt, the proposed assessment against abutting properties for the Torre Pines Street and Utility Improvements. Adoption by the Council of the
proposed assessment may occur at the hearing. The following describes the proposed improvements and area(s) to be assessed: The extension of municipal water into the Torre Pines subdivision to replace individual private wells along 21st Street North, 22nd Street North, and 22nd Street
Court North to provide clean drinking water to each of the 23 homes adjacent to the new watermain, including a water service stub to the public right-of-way. Following the watermain installation, street and drainage improvements will be completed along the following public streets:
• 21st Street North, from Inwood Avenue North to 22nd Street Court North.
• 22nd Street North, from 21st Street North to 22nd Street Court North.
• 22nd Street Court North.
You may at any time prior to certification of the assessment to the county auditor on November 17, 2023, 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 October 19, 2023. 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 4.75 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 2024 and will bear interest at the rate of 4.75 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, 2023. 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 street improvement amount to be assessed is $162,400. The total watermain amount to be assessed is $385,000. The total project costs for the public watermain and
street reconstruction is $1,520,000. 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: August 15, 2023
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Charles Cadenhead, Mayor
(Published in the Stillwater Gazette on August 18, 2023)
CITY OF LAKE ELMO
TORRE PINES NEIGHBORHOOD
PROJECT NO. 2020.122
Feasibility Report and
Grant Amount
Estimate of Cost
Final Project
(Estimate at Completion)
Total Project Cost $2,243,000 $1,944,000
Street Improvements $944,000 $887,500
Assessable Cost $283,200 $266,800
Assessed Parcels 23 23
Assessment Amount $12,300 $11,600
Watermain Improvements $875,000 $632,500
Assessable Cost $875,000 $632,500
Assessed Parcels 23 23
Assessment Amount $38,000 $27,500
Private Water Service Connections $424,000 $424,000
CITY OF LAKE ELMO, MN.SEPTEMBER 2023TORRE PINES STREET AND UTILITY IMPROVEMENTSFINAL ASSESSMENT ROLLUPDATED SEPTEMBER 12, 2023 BASED ON WATER CONNECTIONS MADEPAGE 1 of 1NO. NAMEPIDTOTAL ASSESSMENTSTREET & DRAINAGE ASSESSMENTWATERMAIN ASSESSMENT1 LISA LARAE SETTERSTROM TRS 8271 21ST ST N8271 21ST ST N LAKE ELMO MN 55042 2102921340011 $39,100 $11,600 $27,5002 SELBY MEGAN A 8311 21ST ST N 8311 21ST ST N LAKE ELMO MN 55042 2102921340012 $39,100 $11,600 $27,5003 YOCUM RUTH A 8330 21ST ST N 8330 21ST ST N LAKE ELMO MN 55042 2102921340009 $39,100 $11,600 $27,5004 KATARE RAJESH & SHILPA SHUKLA 8125 22ND ST N 8125 22ND ST N LAKE ELMO MN 55042 2102921330013 $39,100 $11,600 $27,5005 MATTHEW D MOORE TRS & JANE B MOORE TRS 8134 22ND ST N 8134 22ND ST N LAKE ELMO MN 55042 2102921330004 $39,100 $11,600 $27,5006 COHEN ANNE N & DWAYNE L 8276 22ND ST N8276 22ND ST N LAKE ELMO MN 55042 2102921340005 $39,100 $11,600 $27,5007 LARSON MICHAEL P & MELISSA D 8335 22ND ST N 8335 22ND ST N LAKE ELMO MN 55042 2102921340006 $39,100 $11,600 $27,5008 SCHARA JODELL L 8340 22ND ST N 8340 22ND ST N LAKE ELMO MN 55042 2102921340004 $39,100 $11,600 $27,5009 PETERSON BRUCE A & NORMA JEAN 8028 22ND CT N 8028 22ND CT N LAKE ELMO MN 55042 2102921330007 $39,100 $11,600 $27,500TOTALS $351,900 $104,400 $247,500ADDRESS MAILING ADDRESS