HomeMy WebLinkAbout#07 - 15th St. N. Final Assessment Hearing STAFF REPORT
DATE: October 1, 2024
FINAL ASSESSMENT HEARING
AGENDA ITEM: Adopt Final Assessment Roll for the 15th Street North Improvements
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Nicole Miller, 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 15th Street North Improvements. Following the hearing, should the City
Council adopt the final assessment roll?
BACKGROUND: On September 3, 2024, 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 15th Street North 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 held. Staff has enclosed a proposed Final Assessment Roll
which has been calculated in accordance with the approved Feasibility Report and the City’s Special
Assessment Policy.
A portion of the project is proposed to be assessed to the benefitting properties. The proposed street
assessment is $39,800 for the commercial property located at 8281 15th Street North (Pine Crest Storage
Inc.), and $8,200 for each of the 3 residential properties with direct access to the improved street.
Assessments for street improvements will be levied over a 15-year period and charged an interest rate of
5.5%.
FISCAL IMPACT: The total estimated project cost is $532,000. The improvements will be funded
through a combination of Municipal State Aid Funds, in the amount of $330,000; Special Assessments, in
the amount of $64,400, and General Tax levy funds in the amount of $137,600.
RECOMMENDATION: Staff is recommending that the City Council approve a resolution adopting the
Final Assessment Roll for the 15th Street North Improvements. The recommended motion for this action is
as follows:
“Move to approve Resolution No. 2024-103, Adopting the Final Assessment Roll for the
15th Street North 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. 2024-103
A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR
THE 15TH STREET NORTH 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 15th Street North Improvements
including street improvements.
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, 2025 and shall bear interest at the rate of 5.5 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, 2024. 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 FIRST DAY OF OCTOBER, 2024.
CITY OF LAKE ELMO
By: __________________________
Charles Cadenhead
(Seal) Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
CITY OF LAKE ELMO
NOTICE OF HEARING ON PROPOSED ASSESSMENT
15th STREET NORTH IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will conduct a public hearing
on Tuesday October 1, 2024 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 15th Street North 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:
Street and drainage improvements along 15th Street North that connects Inwood
Avenue (CSAH 13) to the Lake Elmo-Oakdale City limits approximately 2,600 feet
(0.5 miles) in length.
You may at any time prior to certification of the assessment to the county auditor on
November 15, 2024, 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 1, 2024. 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 5.5 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 2025
and will bear interest at the rate of 5.5 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, 2024. 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 $64,400. The City contribution for
the overall improvement project is $467,600. 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 3, 2024
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Charles Cadenhead, Mayor
(Published in the Stillwater Gazette on September 6, 2024)
CITY OF LAKE ELMO, MN.AUGUST, 202415TH STREET IMPROVEMENTSFINAL ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPIDSTREET ASSESSMENT AMOUNTSTREET FRONT FOOTAGESTREET IMPROVEMENT UNITS1 ARMSTRONG THOMAS G7801 20TH ST N OAKDALE MN 55128 2802921220001 $0 12 ARMSTRONG THOMAS P & JODI M 8280 15TH ST N 8280 15TH ST N LAKE ELMO MN 55042 2802921240003 $0 13 ARMSTRONG ROSEMARY E 8291 15TH ST N 8291 15TH ST N LAKE ELMO MN 55042 2802921310003 $0 14 ARMSTRONG THOMAS G 8281 15TH ST N 7801 20TH ST N OAKDALE MN 55128 2802921340002 $39,800 10205 PREVAILING PROPERTIES LLC 8167 15TH ST N 2400 HENSLOW CT N OAKDALE MN 55128 2802921320003 $8,200 16 TRIVISKI JOHN P & MARY J 8155 15TH ST N 8155 15TH ST N LAKE ELMO MN 55042 2802921320001 $8,200 17 OLSON WAYNE C & LORRAINE P 8135 15TH ST N 8135 15TH ST N LAKE ELMO MN 55042 2802921320002 $8,200 1TOTAL $64,400*Properties in RED represent commercial lots**Properties in BLACK represent residential lotsADDRESS MAILING ADDRESS