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3.3. SR 11-20-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Consent November 20, 2006 Item Description Consider S ecial Assessment Rea ortionments Item Number 3.3.* Prepared by Lori Stich, Accountant Reviewed by Lori ohnson, Ci Administrator Introduction Minnesota Statutes require City Council approval of special assessment reapportionments. Discussion Attached is a list of special assessment reapportionments that reallocate existing assessments to newly platted lots. One of the properties assessed for the 2006 Bituminous Overlay project was split into two lots and a Petition from the owners of the newly created parcel is included. Also included is a Petition which transfers a special assessment from Downing Fountain (414 Upland Avenue) to Joseph Dehler (416 Upland Avenue). The Fountain property was assessed for the Main Street project in 1988 and also the 200S Street Reconstruction project. The Dehler property had not been assessed for either project. The assessment for the 200S Street Reconstruction will be removed from the Fountain property and transferred to the Dehler property. Attachments . List of special assessment reapportionments. Petition signed by John and Nancy Kraljic for 2006 Bituminous Overlay assessment Petition signed by Joseph Dehler for 200S Street Rehab/Upland Avenue Reconstruction assessment . . Action Requested As required by Minnesota Statutes, the City Council is asked to approve the special assessment reapportionments as stated on the attached special assessment reapportionments list. Council Action Motion by _ Second by _ Vote Follow Up c: \Documents and Settings \ tallard\Local Settings \ T ernporary Internet Files \ OLKF\2006 SA Splits (2).doc SPECIAL ASSESSMENTS 2006 SPLITS APPROVAL REQUEST RIVER PARK- Trunk Sanitary Sewer & Water $1,290,918.00 Parcels 75-125-3100, 75-125-4200, 75-125-3101, 75-135-1105 & 75-136-2105 split into: 75-761-0020 @ $1,063,716.24 75-761-0040 @ $63,642.26 50 lots @ $3,271.19 TWIN LAKES ESTATES 2ND - Trunk Sanitary Sewer & Water $173,097.19 Parcels 75-735-0010, 75-735-0025 & 75-735-0050 split into 68 lots 68 lots @ $2545.55 per lot ELK RIDGE CENTER 3RD - Trunk Sanitary Sewer & Water $97,706.74 Parcel 75-739-0010 split into 2 lots 75-770-0040 @ $88,496.68 75-770-0105 @ $9,210.06 RAIVALA ADDITION - 2005 Street Rehabilitation $5,142.86 Parcel 75-411-0520 split into 2 lots 75-773-0105 @ $2,571.43 75-773-0110 @ $2,571.43 EAGLES MARSH 2ND - Trunk Sanitary Sewer & Water $250,878.86 Parcels 75-680-0010, 75-680-0020, 75-680-0030 & 75-680-0040 split into: 75-776-0010 @ $128,655.85 75-776-0030 @ $12,865.58 17 lots @ $6,432.79 per lot ELK RIDGE CENTER 2ND - Trunk Sanitary Sewer & Water $88,496.68 Parcel 75-770-0040 split into 3 lots 75-774-0010 @ $60,997.13 75-774-0105 @ $20,164.23 75-774-0110 @$7,335.32 C\Documents and Settings\tallard\Local Settings\Temporary Internet Files\OLKF\2006 SA Splits (2).doc DEERFIELD 1ST - 2006 Street Overlay Parcel 75-508-0230 split into 2 parcels 75-508-0230 @ $2,150.00 75-508-0231 @ $2,150.00 UPLAND AVENUE - 2005 Street Rehabilitation Parcel 75-411-0305 assessment transferred to Parcel 75-411-0306 C:\Documents and Settings\tallard\Local Settings\Temporary Internet Files\OLKF\2006 SA Splits (2).doc PETITION, WAIVER AND AGREEMENT FOR RECONSTRUCTION OF UPLAND AVENUE AND ASSESSMENT OF THE COSTS THEREFOR TO: Gty Cormci1 of the Gty of Elk River Joseph R. Dehler (Owner), owner of the property located at 416 Upland Avenue, Gtyof Elk . River, and legally described as follows: 75-411-0306, Auditor's Addition (the Property) Petitions the Gty of Elk River as follows: 1. To complete, as determined necessary by the Gty of Elk River, reconstruction of Upland Avenue serving the Property (the Improvement) as follows: Reconstruction Urban Style Street 2. To assess the Property for the cost of completing the Improvement in an amormt not to exceed $4,500. This amormt represents the current estimated cost of the Improvement. The amormt to be assessed may be increased only if additional Improvements are completed, if the costs of completing the indicated Improvement increases as a result of requests made by Owner or if Owner provides written approval of a larger amormt to be assessed. 3. To levy the assessment for the Improvement such that the assessments shall be paid over such period of time and at such rate of interest as the Gty shall determine. Owner represents and warrants that he is the sole fee owner of the Property and agrees, in consideration of the Gty's completing the Improvement, to make payment of all assessments levied for the Improvement. Owner specifically waives any objection to the Gty's design and installation of the Improvement, including any objection to the final design of the Improvement, any objection to the final location of the Improvement, any objection to the procedure pursuant to which the Gty orders the Improvement completed, and any objection to the Gty's failure to strictly follow the notice and other requirements of Minnesota Statutes, Chapter 429 with respect to ordering the Improvement completed. Owner expressly waives objection to any irregularity with regard to the assessment of the Property for the Improvement, expressly waive any claim that the amolIDt assessed is excessive, expressly waives all rights of appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment by the Gty for the costs of completing the Improvement, and expressly agrees to: 1. to pay when due all assessments levied for the Improvement; 2. that the Improvement will increase the fair market value of the Property by an amount equal to or in excess of the amount to be assessed heretmder; 3. that such increase in fair market value is a special benefit to the Property; 4. that the amount to be assessed heretmder is reasonable, fair and equitable; and 5. that there are no other properties which should be assessed for the Improvement. Owner understands and agrees that the Gty may, in its sole discretion and for any reason, decline to accept this Petition for completion of the Improvement. Dated this -L. day of a ~ ,2006. OWNER Its: S:\EngineerImprovProj\2006 Improvement Projects \Upland Petition \Petition doc.doc ASSESSMENT SCHEDULE DECLINING BALANCE METHOD S/A CODE: 44454 PROJECT: 2005 STR REHAB OWNER: DEHLER, JOSEPH ADDRESS: 416 UPLAND AVE NW ELK RIVER, MN 55330 PARCEL: LOT: BLOCK: ADDITION: 75-411-0306 o AUDITORS ADDN REPAYMENT PERIOD: INTEREST RATE: INTEREST START DATE: 7 Years 5.00000 % 12/01/2005 ASSESSMENT QUANTITY UNIT MEASURE UNIT PRICE AMOUNT 1. 00 BEN UNIT 4500.00 4500.00 Period Annual Payment Interest Payment Principal Payment Principal Remaining 2007 886.61 243.75 642.86 3,857.14 2008 835.72 192.86 642.86 3,214.28 2009 803.57 160.71 642.86 2,571.42 2010 771.43 128.57 642.86 1,928.56 2011 739.29 96.43 642.86 1,285.70 2012 707.15 64.29 642.86 642.84 2013 674.98 32.14 642.84 0.00 5,418.75 918.75 4,500.00 ** THIS AMORTIZATION TABLE DISPLAYS A SCHEDULE OF PAYMENTS BASED ON THE NUMBER OF YEARS, ** STARTING YEAR, AND INTEREST RATE OF SPECIAL ASSESSMENT DISTRICT 44454 (2005 STR REHAB) . ** IT DOES NOT TAKE INTO CONSIDERATION PAYOFFS OR ADVANCE PAYMENTS PETITION, WAIVER AND AGREEMENT FOR BITUMINOUS OVERLAY AND ASSESSMENT OF THE COSTS THEREFOR TO: aty Council of the Oty of Elk River John and Nancy Kraljic (Owners), owner of the property located at 20287 Auburn Street NW, aty of Elk River, and legally described as follows: 75-508-0231, Part of Lot 6, Block. 2, Deerfield First Addition (the Property) Petitions the aty of Elk River as follows: 1. To complete, as determined necessary by the aty of Elk River, bituminous overlay of Auburn Street serving the Property (the Overlay) as follows: Bituminous Overlay 2. To assess the Property for the cost of completing the Overlay in an amount not to exceed $2,150. This amount represents the current estimated cost of the Overlay. The amount to be assessed may be increased only if additional Overlay is completed, if the costs of completing the indicated Overlay increases as a result of requests made by Owners or if Owners provide written approval of a larger amount to be assessed. 3. To levy the assessment for the Overlay such that the assessments shall be paid over such period of time and at such rate of interest as the aty shall determine. Owners represent and warrant that they are the sole fee owners of the Property and agree, in consideration of the City's completing the Overlay, to make payment of all assessments levied for the Overlay. Owners specifically waive any objection to the aty's design and installation of the Overlay, including any objection to the final design of the Overlay, any objection to the final location of the Overlay, any objection to the procedure pursuant to which the aty orders the Overlay completed, and any objection to the aty's failure to strictly follow the notice and other requirements of Minnesota Statutes, Chapter 429 with respect to ordering the Overlay completed. Owners expressly waive objection to any irregularity with regard to the assessment of the Property for the Overlay, expressly waive any claim that the amount assessed is excessive, expressly waive all rights of appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment by the City for the costs of completing the Overlay, and expressly agree to: 1. to pay when due all assessments levied for the Overlay; 2. that the Overlay will increase the fair market value of the Property by an amount equal to or in excess of the amount to be assessed hereunder; 3. that such increase in fair market value is a special benefit to the Property; 4. that the amount to be assessed hereunder is reasonable, fair and equitable; and 5. that there are no other properties which should be assessed for the Overlay. Owners understand and agree that the City may, in its sole discretion and for any reason, decline to accept this Petition for completion of the Overlay. 4. Dated this ..f::. day of .Au..J ~f J- ,2006. OWNERS ~ C' k~~'< 'c John Kraljic .. 7l~K~'I'c, Nancy Kraljic By: Its: s: \EngineerImprovProj\2006 Improvement Projects\Aubum Overlay\Petition doc.doc ASSESSMENT SCHEDULE DECLINING BALANCE METHOD S/A CODE: 00002 PROJECT: 2006 STR OVERLAY f PwJ ()(I ~~~j V 16/()o I {)tp OWNER: KRALJIC, JOHN & NANCY PARCEL: 75-508-0231 ADDRESS: 20287 AUBURN ST NW LOT: .~ (h.t- k>t f.p ELK RIVER, MN 55330 BLOCK: 2 ADDITION: DEERFIELD 1ST REPAYMENT PERIOD: 5 Years INTEREST RATE: 5.50000 % INTEREST START DATE: 12/01/2006 UNIT UNIT ASSESSMENT QUANTITY MEASURE PRICE AMOUNT STREET OVERLAY 1. 00 BEN UNIT 2150.00 2150.00 Period Annual Payment Interest yayment Principal Payment Principal Remaining 2007 558.10 128.10 430.00 1,720.00 2008 524.60 94.60 430.00 1,290.00 2009 500.95 70.95 430.00 860.00 2010 477.30 47.30 430.00 430.00 2011 453.65 23.65 430.00 0.00 2,514.60 364.60 2,150.00 ** THIS AMORTIZATION TABLE DISPLAYS A SCHEDULE OF PAYMENTS BASED ON THE NUMBER OF YEARS, ** STARTING YEAR, AND INTEREST RATE OF SPECIAL ASSESSMENT DISTRICT 00002 (2006 STR OVERLAY) . ** IT DOES NOT TAKE INTO CONSIDERATION PAYOFFS OR ADVANCE PAYMENTS