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4.1. SR 07-06-1998Item ~4.1. Howard R. Green Oompany CONSULTING ENGINEERS July 1, 1998 File: 801210J (0564) 801840J (0564) 803691J (0564/0071) CONSULTING BGINEERS Formerly MSA Consulting E-noineers Honorable Mayor and City Council City of Elk River 13065 Orono Parkway PO Box 4901 Elk River, MN 55330 RE: BOSTON STREET, RAILROAD DRIVE, GUARDIAN ANGELS LAKE ORONO ASSESSMENT HEARINGS Dear Council Members: The assessment hearings for the three above-referenced projects are scheduled for the July 6, 1998 City Council meeting. It would be appropriate for the City Council to deal with each of these projects separately by having staff make a brief presentation, opening the assessment hearing, taking public comment, closing the assessment hearing, and then considering the attached resolution adopting the assessment roll. At the time of this memo, City Staff has not received any formal written appeals. Individuals may appeal their assessment to this project by presenting a signed, written objection to the Mayor at the hearing. An individual simply standing up at the assessment hearing indicating their objection to the project does not constitute an assessment appeal. Following the submission of the signed, written objection, the property owner must also serve notice of appeal upon the Mayor or City Administrator within thirty days after the adoption of the assessment roll. They must file their notice with the District Court within ten days of serving the Mayor or the City Administrator. The following is a brief summary of issues pertaining to each assessment project. 1. Boston Street Utility Improvements Based upon the Iow bid received, the proposed assessments are exactly the same as those presented in the feasibility study. There are three individual properties along Boston Street that would receive sanitary sewer and water benefit, and Orono Cemetery, which would receive water benefit only. Two of the residential properties were deemed to be large enough to further subdivide. Those two properties were assessed two units for sanitary sewer, water, and O:\PROJ\803691J\0564\691-0507.july.doc 1326 Energy Park Drive · St. Paul, MN 55108 ° 612/644-4389 fax 612/644-9446 toll free 888/368-4389 City of Elk River July 1, 1998 Page 2 street restoration, however, the second unit of sanitary sewer and water, in the amount of $6,150 per property, is proposed to be deferred with no interest. It would become payable only if and when the properties in question were subdivided. It came to City staff's attention that the Karen Thomas property has sold a small piece of property to the neighbor. This raises the question as to whether this property could be subdivided in the future. The City Planner reviewed the information and felt that a good case for variance could be documented, therefore, the feasibility study recommendation to assess two units with one deferred has been followed in the assessment roll. At the close of the Boston Street assessment hearing, it would be appropriate to consider the attached resolution, adopting the final assessment roll. This resolution can be adopted with any changes to the assessment roll that the City Council deems appropriate. Railroad Drive Street and Utility Improvements Again, with this project, based on the Iow bid received, the proposed assessments are exactly as presented in the feasibility study. The amount of the proposed assessments varies. Marty's Feed Mill is proposed to be assessed for sanitary sewer, water, and street reconstruction at $4,000 each for a total of $12,000. The former paint store is proposed to be assessed for sanitary sewer and street reconstruction at $4,000 each for a total of $8,000. The lumberyard, Eagle's Club, and former auto supply store are proposed to be each assessed for street reconstruction only at $4,000 each. There will also be contributions from the Elk River Municipal Utilities for the watermain improvements, based on the watermain loop that will provide benefit to the entire water system and a contribution from the City of Elk River, for the street reconstruction. Again, at the close of the assessment hearing, it would be appropriate for the City Council to consider the attached resolution, adopting the final assessment roll. This resolution can be adopted with any changes the City Council deems appropriate. Guardian Angels Lake Orono Improvements As with the other two projects, this one also is proposed to be assessed exactly as presented in the feasibility study. Guardian Angels is being assessed for all sanitary sewer and watermain improvements inside their property boundaries. The Donovan Goossen property is being assessed for lateral sanitary sewer and water, in the amount of $9,400, and the Elk Motel is being assessed for two units each of lateral sanitary sewer and water benefit, in the amount of $18,800. R. Green Company CONSULTING ENGINEERS City of Elk River July 1, 1998 Page 3 City Staff has had several conversations with Mr. Goossen regarding the proposed assessment. In 1993, prior to Mr. Goossen's purchase of the property, the former owners, Timothy and Janet Harvey, actually connected the property to sanitary sewer. At that time, they signed a petition waiving their rights to appeal a future assessment for lateral sanitary sewer and water. The petition, a copy of which is attached, indicates that they will pay the assessments in the future when the lateral lines are installed, or when they sell the property. Apparently, at the time of the Goossen purchase of the property, it was indicated that the property was hooked up to sanitary sewer and water, and that no mention of the future assessment was made. City Staff's position is that the property can be assessed for lateral sanitary sewer and water benefit, based on the petition that Timothy and Janet Harvey signed on April 8, 1993, and that Mr. Goossen's recourse is against the Harveys. Mr. Goossen also owns the piece of residential property located further north of the former garage door property. This residential piece of property is not proposed to be assessed for lateral sanitary sewer and water at this time. However, Mr. Goossen has indicated his desire to hook up to lateral sanitary sewer and water for the residential property, which is currently on a private well and on-site sewer system. We have indicated to him that in order to connect that property to the City Utilities, he will have to deal with Lori Johnson, relative to a $9,400 lateral sanitary sewer and water assessment. Again, at the close of the assessment hearing, it would be appropriate for the City Council to consider the attached resolution adopting the assessment roll. This resolution can be adopted with any changes to the assessment roll that the City Council deems appropriate. Bids for these three projects, together with the Jackson/Holt utility improvements and School Street improvements west of Proctor Avenue, were opened on Wednesday, June 10, 1998. There were a total of ten bids received. The following list provides the name of the bidder and their total bid. Bidder Base Bid Total Redstone Construction Co., Inc. Richard Knutson, Inc. Barbarossa & Sons, Inc. Kober Excavating, Inc. Northdale Construction Co., Inc. R.P. Utilities, Inc. R.L. Larson Excavating, Inc. S.R. Weidema, Inc. S.J. Louis Construction, Inc. Bonine Excavating, Inc. $373 231.40 $389 058.46 $422 312.00 $431 873.67 $439 220.08 $442 905.61 $453 274.50 $474 847.15 $489 131.50 INCOMPLETE R. Green Company CONSULTING ENGINEERS City of Elk River July 1, 1998 Page 4 Redstone Construction Company, Inc. has successfully completed similar projects in the past, therefore we would recommend award to them as the lowest responsible bidder. Depending on the outcome of the three assessment hearings, the Council can consider the fourth attached resolution, which would award the project to Redstone Construction Company, Inc. If the City Council adopts this resolution, it should be with the contingency that the School Street schedule is not awarded until such time that the School Board provides the City of Elk River the necessary easement for the 1999 School Street improvement. If you have any questions or would like any additional information regarding these three projects, please call. Sincerely, Howard R. Green Company TJM/st Enclosures R. Green Company CONSULTING ENGINEERS City of Elk River State of Minnesota Pk-FITION FOR LOCAL IMPROVEMENT To the City Council of Elk River, Minnesota: WE, THE UNOE.qSiGNE'30WNE.qS of (all) (not less than 35 percenr- in fronr-age) of the real proper=y described as' heresy per. ir. ion, pursuant to Minnesota Statutes, Chapter 429, for the following public imorov~ments: EACH OWNER FURTHER AGREES, in consideration of the City acCion aC our request ~o cause cons~ruccion of ~he above-described improv~enC, ~o pay such sums as may be de~ermined by ~he City ~o be a fair and reasonable a~oorcionmenc of ~he ccs~ of said improvement.. OWNER EXPRESSLY WAIVES OBJECTION to any irregularity with regard to the making of the im~rov~men: or assessment of the cost thereof; weives any claim thac the amount thereof levied agains~ owner's property is excessive; and waives all rights of a~peal in the cour:s. 7 8 i0. Signature Date of Owner Print Name of Owner Description of Propercy / Ex~mined, c,,e.ked, and found r-o be in prooer form and Co be signed by Che owners of the above-sr-aCed quan[ir-y of property affecr-ed by ~.he making of ~he im~rovemenr- petitioned for. City Cl er~( " ~ A-5 RESOLUTION 98 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE BOSTON STREET IMPROVEMENTS OF 1998. WHEREAS, upon due notice properly made as required by law, the Elk River City Council has met and heard and passed upon all objections to the proposed assessment for the Boston Street improvement and has determined the amount to be assessed against each individual property as the Council deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: Final assessment roll, a copy of which is attached hereto and incorporated herein by this reference, is hereby accepted and adopted and shall constitute the special assessment against the lands therein named. Each such tract of land in the assessment roll is hereby found to be benefited by the improvement in an amount not less than the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, including both principal and interest, amortized in such amount annually as is required to pay the principal with interest as 6.5% over a period of up to 15 years. The owner of any property so assessed, may, at any time prior to certification to the County Auditor of the assessment or the first installment thereof, pay to the City Treasurer the whole of the assessment on such property, with interest accrued to the date of payment; except that no interest shall be charged if the entire assessment is paid within 30 days after the adoption of this Resolution. Prepayment may also be made after the certification of the assessment or first installment thereof by paying to the City Treasurer/Auditor the entire amount of the assessment remaining unpaid with interest. In the case of a payment made before November 15, interest will be calculated through December 31 of the next succeeding year. The City Administrator shall transmit to the County Auditor a certified duplicate of the attached assessment roll to be extended on the property tax lists of the County. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed and adopted this 6 day of July 1998. ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk O:\PROJ\803691J\0564\691-0307.july. Res.doc RESOLUTION 98 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE RAILROAD DRIVE IMPROVEMENTS OF 1998. WHEREAS, upon due notice properly made as required by law, the Elk River City Council has met and heard and passed upon all objections to the proposed assessment for the Railroad Drive improvement and has determined the amount to be assessed against each individual property as the Council deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: Final assessment roll, a copy of which is attached hereto and incorporated herein by this reference, is hereby accepted and adopted and shall constitute the special assessment against the lands therein named. Each such tract of land in the assessment roll is hereby found to be benefited by the improvement in an amount not less than the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, including both principal and interest, amortized in such amount annually as is required to pay the principal with interest as 6.5% over a period of 5 to 10 years. The owner of any property so assessed, may, at any time prior to certification to the County Auditor of the assessment or the first installment thereof, pay to the City Treasurer the whole of the assessment on such property, with interest accrued to the date of payment; except that no interest shall be charged if the entire assessment is paid within 30 days after the adoption of this Resolution. Prepayment may also be made after the certification of the assessment or first installment thereof by paying to the City Treasurer/Auditor the entire amount of the assessment remaining unpaid with interest. In the case of a payment made before November 15, interest will be calculated through December 31 of the next succeeding year. The City Administrator shall transmit to the County Auditor a certified duplicate of the attached assessment roll to be extended on the property tax lists of the County. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed and adopted this 6 day of July 1998. ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk O:\PROJ\803691J\0564\691-0207.july. Res.doc RESOLUTION 98 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE GUARDIAN ANGELS LAKE ORONO IMPROVEMENTS OF 1998. WHEREAS, upon due notice properly made as required by law, the Elk River City Council has met and heard and passed upon all objections to the proposed assessment for the Guardian Angels Lake Orono improvement and has determined the amount to be assessed against each individual property as the Council deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: Final assessment roll, a copy of which is attached hereto and incorporated herein by this reference, is hereby accepted and adopted and shall constitute the special assessment against the lands therein named. Each such tract of land in the assessment roll is hereby found to be benefited by the improvement in an amount not less than the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, including both principal and interest, amortized in such amount annually as is required to pay the principal with interest as 8.5% over a period of up to 15 years. The owner of any property so assessed, may, at any time prior to certification to the County Auditor of the assessment or the first installment thereof, pay to the City Treasurer the whole of the assessment on such property, with interest accrued to the date of payment; except that no interest shall be charged if the entire assessment is paid within 30 days after the adoption of this Resolution. Prepayment may also be made after the certification of the assessment or first installment thereof by paying to the City Treasurer/Auditor the entire amount of the assessment remaining unpaid with interest. In the case of a payment made before November 15, interest will be calculated through December 31 of the next succeeding year. The City Administrator shall transmit to the County Auditor a certified duplicate of the attached assessment roll to be extended on the property tax lists of the County. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed and adopted this 6 day of July 1998. ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk RESOLUTION 98 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE BOSTON STREET, RAILROAD DRIVE, GUARDIAN ANGELS LAKE ORONO, JACKSON/HOLT UTILITY AND SCHOOL STREET IMPROVEMENT OF '1998 WHEREAS WHEREAS pursuant to Resolution 98-57, competitive bids were solicited and received for the Boston Street, Railroad Drive, Guardian Angels Lake Orono, Jackson/Holt Utility and School Street improvement as set forth in the bid tabulation attached hereto and incorporated herein by this reference; and the City Council has considered the amount of the bids and the responsibility of the bidders and determined that Redstone Construction Company is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: The Mayor and City Administrator are authorized and directed to execute, on behalf of the City, such contract with Redstone Construction Company as is approved by the City Attorney for the completion of the Boston Street, Railroad Drive, Guardian Angels Lake Orono, Jackson/Holt Utility and School Street improvement according to the approved plans and specifications designated in Resolution 98-57. The City Administrator is authorized and directed to forthwith return to all bidders the deposits made with their bids upon execution of the contract above specified. Passed and adopted this 6 day of July 1998. ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk O:\PROJ\803691J\0564\691-0407.july. Res.doc