HomeMy WebLinkAbout#16 - OV 7 Final Assessment Hearing STAFF REPORT
DATE: April 4, 2023
PUBLIC HEARING
AGENDA ITEM: Old Village Phase 7 Street and Utility Improvements – Final Assessment Hearing
and Adopt the Final Assessments
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 conduct the final assessment
hearing for the Old Village Phase 7 Street and Utility Improvements. Following the hearing, should the
City Council adopt the final assessment roll for the Project?
BACKGROUND: On March 7, 2023 the City Council called for a final assessment hearing for the Old
Village Phase 7 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 in accordance with Minnesota
Statutes, Section 429 (attached for reference).
The Preliminary Assessment Roll for the Old Village Phase 7 Street and Utility Improvements was adopted
on December 6, 2022 following the Public Improvement Hearing for the Project. The preliminary
assessment roll was based on the estimated total project costs as published in the Feasibility Report adopted
November 1, 2022.
PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429, the Council must
declare the amount to be assessed against the benefiting properties and hold a hearing on the proposed
assessments. Staff has enclosed a proposed final assessment roll which is consistent with the amounts
presented in in the feasibility report and is consistent with the city’s Special Assessment Policy.
The sanitary sewer assessment is proposed in the amount of $13,100 per residential property for 22
benefiting properties. The street and drainage improvement assessment is proposed in the amount of $9,800
per residential property for 29 benefitting properties. The sanitary sewer assessment is levied over 20-years
and the street and drainage improvements are levied over 15 years. Assessments will be charged an interest
rate of 4.5%.
FISCAL IMPACT: The post-bid estimated total project cost is $3,023,000 with the city cost share
estimated to be $2,450,559, including $701,118 for the street and drainage improvements, $1,292,895 for
sanitary sewer system improvements, and $456,546 for the water system improvements. The remaining
costs are proposed to be assessed against the benefitting properties consistent with the city’s Special
Assessment Policy including proposed assessments in the amount of $284,200 for the street and drainage
improvements and $288,200 for the sanitary sewer improvements.
Bids were received on March 23, 2023 and the updated total estimated project costs are attached for
reference. The post-bid estimated total costs are summarized by infrastructure component and can be
compared to the estimated project costs at the time of the feasibility report presentation.
RECOMMENDATION: Staff is recommending that the City Council approve a Resolution Adopting the
Final Assessment Roll. The recommended motion to approve this action is as follows:
“Move to adopt Resolution No. 2023-030 Adopting the Final Assessment Roll for the Old Village
Phase 7 Street and Utility Improvements.”
ATTACHMENTS:
1. Resolution Adopting the Final Assessment Roll for the Old Village Phase 7 Street and Utility
Improvements.
2. Notice of Hearing on Proposed Assessment.
3. Location Map.
4. Assessment Roll.
5. Post Bid Analysis.
6. Project Schedule.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2023-030
A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR
THE OLD VILLAGE PHASE 7 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 Old Village Phase 7 Street and
Utility Improvements including street, drainage, watermain and sanitary sewer improvements along Legion
Avenue North, south of 30th Street.
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 sanitary sewer 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 4.5% 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 the assessment
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 FOURTH DAY OF APRIL, 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
OLD VILLAGE PHASE 7 STREET AND UTILITY IMPROVEMENTS
Notice is hereby given that the City Council of Lake Elmo will conduct a public hearing
on Tuesday April 4, 2023 at, or approximately after, 7:00 P.M. to consider, and possibly
adopt, the proposed assessment against abutting properties for the Old Village Phase 7
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 sanitary sewer along Legion Avenue North, south of 30th
Street, to replace the use of private individual on‐site sewage treatment systems and
the Old Village Remote A 201 Community Wastewater Treatment System. The
improvements include the replacement and relocation of the existing watermain,
and the reconstruction of the public streets disturbed by the utility installations,
consisting of a reconstructed bituminous street with new concrete curb and gutter,
and new storm sewer system along Legion Avenue North, from 30th Street to the
south end cul-de-sac.
You may at any time prior to certification of the assessment to the county auditor on
November 15, 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 May 4, 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 4.5 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
and 20 years for sanitary sewer improvements. The first of the installments are to be
payable on or before the first Monday in January 2024 and will bear interest at the rate of
4.5 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, 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 amount of the proposed street improvement assessment is $284,200. The total
amount of the proposed sanitary sewer improvement assessment is $288,200. The total
amount of the proposed watermain assessment is $0. The City contribution for the overall
improvement project is $2,247,600. 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: March 7, 2023
BY ORDER OF THE LAKE ELMO CITY COUNCIL
Charles Cadenhead, Mayor
(Published in the Stillwater Gazette on March 10, 2023)
CITY OF
LAKE ELMO
OLD VILLAGE PHASE 7
LEGEND
PROJECT NO. 2022.119
OLD VILLAGE PHASE 7
STREET & UTILITY
OCTOBER, 2022
IMPROVEMENTS
FIGURE NO. 1
LOCATION MAP
MYRON ELLMAN SUBDIVISIONLEGION AVENUE NORTH
OLD VILLAGE PHASE 7
CITY OF LAKE ELMO, MN.MARCH 7, 2023OLD VILLAGE PHASE 7 STREET AND UTILITY IMPROVEMENTS(LEGION AVENUE NORTH)FINAL ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPIDTOTAL ASSESSMENT AMOUNTSTREET AND DRAINAGE ASSESSMENT AMOUNTSANITARY SEWER ASSESSMENT AMOUNTSAC1 FRIENDT TIMOTHY A ETAL 2749 LEGION AVE N 8058 ENCLAVE CIR WOODBURY MN 55125 2402921130001 $9,800.00 $9,800.002 TOFT RODNEY A & JUDY A 2764 LEGION AVE N 11350 12TH ST N LAKE ELMO MN 55042 2402921210027 $22,900.00 $9,800.00 $13,100.00 13 KUPFERSCHMIDT W ALAN 2769 LEGION AVE N 2769 LEGION AVE N LAKE ELMO MN 55042 2402921120017 $22,900.00 $9,800.00 $13,100.00 14 SEHLOFF ALLEN P 2778 LEGION AVE N 2778 LEGION AVE N LAKE ELMO MN 55042 2402921210026 $22,900.00 $9,800.00 $13,100.00 15 DEZIEL MARK E & MICHELLE R 2783 LEGION AVE N 2783 LEGION AVE N LAKE ELMO MN 55042 2402921120016 $22,900.00 $9,800.00 $13,100.00 16 PROPERTY RESTORATION MANAGEMENT INC 2790 LEGION AVE N 28727 149TH AVE NEW AUBURN WI 54757 2402921210025 $22,900.00 $9,800.00 $13,100.00 17 SHANLEY STEVEN D & ROSALIE 2797 LEGION AVE N 2797 LEGION AVE N LAKE ELMO MN 55042 2402921120015 $22,900.00 $9,800.00 $13,100.00 18 WINKELS BRADLEY J & MOLLY A 2814 LEGION AVE N 2814 LEGION AVE N LAKE ELMO MN 55042 2402921210024 $22,900.00 $9,800.00 $13,100.00 19 ALPERS JEFF 2817 LEGION AVE N 2817 LEGION AVE N LAKE ELMO MN 55042 2402921120014 $22,900.00 $9,800.00 $13,100.00 110 DOUGHERTY LILLY ETAL 2832 LEGION AVE N 2832 LEGION AVE N LAKE ELMO MN 55042 2402921210023 $22,900.00 $9,800.00 $13,100.00 111 ADEOSUN SARAH & ADESINA 2837 LEGION AVE N 2837 LEGION AVE N LAKE ELMO MN 55042 2402921120013 $22,900.00 $9,800.00 $13,100.00 112 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 2402921210022 $9,800.00 $9,800.0013 CITY OF LAKE ELMO 2857 LEGION AVE N 3800 LAVERNE AVE N LAKE ELMO MN 55042 2402921120012 $9,800.00 $9,800.0014 FISHER ANGELA 2866 LEGION AVE N 2866 LEGION AVE N LAKE ELMO MN 55042 2402921210021 $22,900.00 $9,800.00 $13,100.00 115 FISHER ANGELA 2866 LEGION AVE N LAKE ELMO MN 55042 2402921210020 $9,800.00 $9,800.0016 SANDERS JOSEPH J 2871 LEGION AVE N 2871 LEGION AVE N LAKE ELMO MN 55042 2402921120011 $22,900.00 $9,800.00 $13,100.00 117 MURRAY WILLIAM R JR 2891 LEGION AVE N 2891 LEGION AVE N LAKE ELMO MN 55042 2402921120010 $22,900.00 $9,800.00 $13,100.00 118 ROBINETTE RONALD JR & KAREN L 2898 LEGION AVE N 2898 LEGION AVE N LAKE ELMO MN 55042 2402921210019 $22,900.00 $9,800.00 $13,100.00 119 HORNING BRIANA J & ERICK P 2903 LEGION AVE N 2903 LEGION AVE N LAKE ELMO MN 55042 2402921120009 $22,900.00 $9,800.00 $13,100.00 120 THOMAS TYAN J & ELLEN H ESCH 2916 LEGION AVE N 2916 LEGION AVE N LAKE ELMO MN 55042 2402921210018 $22,900.00 $9,800.00 $13,100.00 121 GREWE BRADY 2921 LEGION AVE N 2921 LEGION AVE N LAKE ELMO MN 55042 2402921120003 $22,900.00 $9,800.00 $13,100.00 122 OLSON GERALD C & CANDYCE J 2932 LEGION AVE N 2932 LEGION AVE N LAKE ELMO MN 55042 2402921210013 $22,900.00 $9,800.00 $13,100.00 123 JENSEN ANTON H 2939 LEGION AVE N 2939 LEGION AVE N LAKE ELMO MN 55042 2402921120004 $22,900.00 $9,800.00 $13,100.00 124 HUTTS SARAH 2955 LEGION AVE N 2955 LEGION AVE N LAKE ELMO MN 55042 2402921120005 $22,900.00 $9,800.00 $13,100.00 125 SULLIVAN GAIL C 2968 LEGION AVE N 2968 LEGION AVE N LAKE ELMO MN 55042 2402921210014 $22,900.00 $9,800.00 $13,100.00 126 SULLIVAN WILLIAM T & GAIL C 2968 LEGION AVE N LAKE ELMO MN 55042 2402921210015 $9,800.00 $9,800.0027 JARA MICHAEL L & MARIE D 2971 LEGION AVE N 2971 LEGION AVE N LAKE ELMO MN 55042 2402921120001 $22,900.00 $9,800.00 $13,100.00 128 GARNER DONALD J & JERILYN M 2988 LEGION AVE N 2988 LEGION AVE N LAKE ELMO MN 55042 2402921210037 $9,800.00 $9,800.0029 CORCORAN SUSAN D 2995 LEGION AVE N 2995 LEGION AVE N LAKE ELMO MN 55042 2402921120044 $9,800.00 $9,800.00TOTAL $572,400.00 $284,200.00 $288,200.00 22ADDRESS MAILING ADDRESS
CITY OF LAKE ELMOOLD VILLAGE PHASE 7 STREET & UTILITY IMPROVEMENTSPROJECT NO. 2022.119Feasibility Report Estimate of CostPost BidAlternate B (Recommendation)Estimate of Cost Post BidAlternate A Estimate of Cost Total Project Cost$2,820,000 $3,022,959 $3,049,559Street and Storm Sewer$944,000 $985,318 $983,502Assessment Amount$9,800 $9,800 $9,800Assessed Parcels29 29 29Assessment Revenue (2 city parcels included)$284,200 $284,200 $284,200City Share$659,800 $701,118 $699,302Sanitary Sewer$1,368,000 $1,581,095 $1,610,556Assessment Amount$13,100 $13,100 $13,100Assessed Parcels22 22 22Assessment Amount$288,200 $288,200 $288,200City Share$1,079,800 $1,292,895 $1,322,356Watermain (Water Enterprise Fund)$508,000 $456,546 $455,501
PROJECT SCHEDULE
CITY OF LAKE ELMO
OLD VILLAGE PHASE 7 STREET AND UTILITY IMPROVEMENTS
PROJECT NO. 2022.119
FOCUS ENGINEERING, inc.
Cara Geheren, P.E. 651.300.4261
Jack Griffin, P.E. 651.300.4264
Ryan Stempski, P.E. 651.300.4267
Chad Isakson, P.E. 651.300.4283
JUNE 21, 2022 Council authorizes Topographic Survey and Preliminary Design.
SEPTEMBER 6, 2022 Council authorizes preparation of the Feasibility Report.
NOVEMBER 1, 2022 Presentation of Preliminary Design and Feasibility Report. Council accepts Report
and calls Improvement Hearing. Council Orders the preparation of Plans and
Specifications.
NOVEMBER 16, 2022 Neighborhood informational meeting.
DECEMBER 6, 2022 Public Improvement Hearing. Council Orders the Improvement (4/5th Vote).
FEBRUARY 21, 2023 Council approves Plans and Specifications and orders Advertisement for Bids.
MARCH 7, 2023 Council calls Assessment Hearing. Publication in local paper March 10, 2023.
MARCH 23, 2023 Project Bid Date: Receive contractor bids.
APRIL 4, 2023 Council holds Assessment Hearing and adopts final assessment roll. Council
accepts bids and awards contract.
MAY 15, 2023 Conduct Pre-Construction Meeting and issue Notice to Proceed.
• OCTOBER 27, 2023 Substantial Completion.
• JUNE 28, 2024 Final Completion.
*Final Assessment Hearing Schedule TBD