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3. Assessment hearing for Lilacl Lane improvement project CITYOF 01111r1' CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 MEMORANDUM TO: Don Ashworth, City Manager FROM: Charles Folch, City Engineer/Director of Public Works 1 DATE: September 7, 1993 SUBJ: Assessment Hearing for Lilac Lane Improvement Project No. 91 -4 This improvement project was constructed in conjunction with the roadway and utility improvements to Teton Lane and the Ithilien subdivision. The improvements to Lilac Lane consisted of the installation of a storm sewer system and the upgrade of the roadway to the City's residential urban standard with curb and gutter from the intersection with Teton Lane east to County Road 17 (Powers Boulevard). Hilloway Corporation, the developer for the Ithilien development, has previously agreed to a 20% assessment of the project costs to Lilac Lane. This is confirmed in Section 8G of the special conditions of the development contract for the Ithilien subdivision whereby the developer, Hilloway Corporation, has waived all rights to a public hearing or assessment appeal for 20% of the project costs of the Lilac Lane Improvement Project No. 91 -4. In essence, this assessment hearing is more or less a formality but is necessary since §429 public improvement bonds were used for the project. ' This project is substantially completed with the exception of the wear course pavement which staff has elected to delay installation until next spring given the excessively wet weather conditions which were experienced this year. The project contract has a bid price for the wear course paving; therefore, this cost is defined and has been included into the total project improvement costs established at $85,824.65. 1 The 20% assessment to Hilloway Corporation amounts to $22,314.41. In reviewing current property owner information, it is apparent that Hilloway Corporation has sold all of the lots in the Ithilien subdivision. Therefore, the normal property tax collection method for this assessment really is not an option for this project however, this situation was anticipated at the time of preparing the development contract for the Ithilien subdivision and monies have been escrowed by the developer accordingly. It is also my understanding that the developer intends to pay off the assessment in full subsequent to its levy. 1 1 1 I Don Ashworth September 7, 1993 Page 2 1 It should also be noted that as a part of the Lilac Lane improvement project, four property I owners adjacent to this project have been renotified that a storm sewer connection charge in the amount of $2,687 per acre was established against their property by the Council at the feasibility hearing to be collected at such time in the future that they subdivide their properties. These are 1 not assessments to be collected at this time. These four properties are currently identified as the Natole, Ware, Pickard and Johnson properties (see attached Resolution No. 92 -79). I It is therefore recommended that the City Council adopt the 20% assessment of the improvement costs of Lilac Lane from Teton Lane east to Powers Boulevard (County Road 17) Project No. 91 -4 in the amount of $22,314.41 to Hilloway Corporation, developer for the Ithilien subdivision I as previously agreed to and outlined in the Ithilien development contract for a term of 8 years at 7 %. I ktm Attachments: 1. Letter from Allan Larson dated August 19, 1993. I 2. Letter to Jim Fenning of Hilloway Corporation dated August 26, 1992. 3. Assessment notice to Hilloway Corporation. I 4. 5. Page SP-4 of the Ithilien development contract. Resolution No. 92 -79. 6. Letter to Natole, Ware, Pickard and Johnson properties concerning storm I sewer connection charge. c: Dave Hempel, Assistant City Engineer I Jean Meuwissen, Treasurer Allan Larson, William R. Engelhardt & Associates Jim Fenning, Hilloway Corporation • 1 Richard Bloom, Land Concept Corporation 1 1 1 1 1 WILLIAM R. ENGELHARDT ASSOCIATES, INC. wansudiin &n 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 (612) 448 -8838 1 August 19, 1993 City of Chanhassen c/o Mr. Charles Folch 690 Coulter Drive Chanhassen, MN. 55317 RE: Assessments for Lilac Lane Improvements C.P. 91 -4 Dear Mr. Folch: 1 We have prepared the following assessment information for Lilac Lane Improvements as requested by the City. 1 Improvement Cost $ 85,824.65 Indirect Cost $ 25.747.40 1 Assessable $111,572.05 Hilloway Corporation, developer of Ithilian subdivision, has agreed to pay 20 percent of the total assessment as part of their development contract with the City of Chanhassen. This amount is $22,314.41. As part of the Lilac Lane Improvements, four property owners of 1 large tracts of land have been notified of a future storm sewer connection charge of $2,687.00 /Acre for any future development of their property within the area. They are as follows: 1 PID NAME ACREAGE AMOUNT 25- 002 -1900 F. J. Natole 1.49 Ac $ 4,003.63 25- 002 -2000 Leonard Ware 1.40 Ac. $ 3,761.80 25- 002 -2100 Charles Pickard 0.80 Ac. $ 2,149.60 25- 002 -2410 Gordon Johnson 0.72 Ac. $ 1.934.64 $11,849.67 If you have any questions regarding this matter please call. Sincerely, WILLIAM R. ENGELHARDT ASSOCIATES, INC. 1 o fi a . .1 6 - 0 )= 4 Allan L. Larson 1 ALL /las CIT'rOF i CHANHASSEN 6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 August 26, 1993 1 ' Mr. Jim Fenning Hilloway Corporation 1551 Hunter Drive 1 Wayzata, MN 55391 Re: Assessments for Lilac Lane Improvement Project No. 914 1 Dear Mr. Fenning: 1 Enclosed please find a notice of assessment hearing for the Lilac Lane Improvement Project No. 91-4. As specified in Section 8G of the Ithilien development contract, you had agreed to waive all rights to a public hearing or assessment appeal for a 20% assessment of the 1 costs for the Lilac Lane improvements. However, as is required by State Statute 429, an official assessment hearing must still be held. All of the project costs have been tabulated and the 20% minimum assessment to Hilloway Corporation, developer for Ithilien, amounts 1 to $22,314.41. As a part of the security which you provided along with the development contract for the ' Ithilien development, $15,000 was designated for the Lilac Lane assessments. The actual assessment is approximately $7,300 higher primarily due to the unseasonably wet conditions ' which were encountered during construction this summer, i.e. saturated subgrade dewatering and additional granular borrow and additional retaining wall height on the south side of Lilac Lane. Attached you will find the standard special assessment notification form. It is ' apparent that you have sold all of the lots within the Ithilien subdivision, therefore, I would suggest one of two methods of paying for this assessment. 1. Make payment to the City for the full amount of the $22,314.41 assessment and the $15,000 secured by the letter of credit for this project to be released. 1 or 1 . 1 • Mr. Jim Fenning August 26, 1993 Page 2 1 2. The City will draw down on the $15,000 secured by the letter of credit and have Hilloway Corporation submit a check for the balance of the assessment in the amount of $7, 314.41. Please let me know at your earliest convenience your intentions for making assessment 1 payment. I believe this project has proved to be a successful partnership between the City and developer in completing needed infrastructure improvements for your development and yet accommodate the economic and environmental concerns of existing neighboring 1 properties. Sincerely, 1 CITY OF CHANHASSEN Charles D. Folch, P.E. 1 Director of Public Works /City Engineer CDF:ktm 1 Attachments: 1. Assessment Notice 2. Page SP -2 from Development Contract 3. Page SP-4 from Development Contract 4. City Council Resolution #92 -79 1 c: Dave Hempel, Assistant City Engineer Bill Bement, Engineering Technician II Al Larson, William R. Engelhardt & Associates 1 CITY OF CHANHASSEN. MINNESOTA SPECIAL ASSESSMENT NOTICE 1 IMPROVEMENT NO.: 91-4 The City Council will hold a public hearing to consider proposed assessments for Improvement Project No. 91-4 on Monday, September 13, 1993 at 7:30 p.m. in the Council Chambers at 690 Coulter Drive, Chanhassen, Minnesota. The area to be assessed includes Ithilien. The total amount of the proposed assessment is S22,314.41. Your assessment has been calculated in accordance with the City Council's policy as follows: Property Owner: Hilloway Corporation 1 Address: 1551 Hunter Drive Wayzata, MN 55391 1 Parcel No: 25- 3640000 Proposed Assessment Against Your Property as Described Below: Specific Improvements p p Amount 1 Street and Storm Sewer $22,314.41 1 Assessment may be paid in full without interest or other charges within thirty (30) days after the assessment hearing date. These payments may be made in person or may be mailed to ' Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota, 55317, Attention: Treasurer. Please indicate the parcel number on your check. Partial prepayment of the assessment is permitted. 1 If you elect not to pay the full amount within thirty (30) days after the bearing date, the assessment will be spread over 8 years with installments appearing on your real estate taxes ' beginning next year. Interest will be included at the rate of 71 percent of the unpaid balance. ' The proposed assessment roll is on file with the City Clerk. Written and oral objections to the proposed assessment by any property owner will be considered. 1 No appeal may be taken as to the amount of any assessment adopted unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. ' All written ob to the assessment not received prior to or at the assessment h rin � p hearing in the above manner are waived, unless failure to object prior to or at the assessment 1 hearing is due to a reasonable cause. 1 1 1 • Page 2 1 An owner may appeal an assessment to the District Court pursuant to Minnesota Statute Section §429.081 by serving notice of the appeal upon the Mayor or City Clerk of the City of Chanhassen within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within ten (10) days after service upon the Mayor or City Clerk. Residents who are 65 years of age or older, or retired by reason of permanent and total disability may apply to have payment of the assessment deferred. The application shall be made to the City Clerk within thirty (30) days after the adoption of the assessment roll by the City Council. 1 City staff will be available between the hours of 8:00 a.m. to 4:30 p.m. weekdays until the time of the public hearing to answer questions about the proposed assessments. You may also telephone City staff at (612) 937-1900. You will be notified by mail of any changes adopted by the City Council in interest rates, prepayment requirements or the amount of the adopted assessments from those contained in this notice. Don Ashworth City Clerk /Manager City of Chanhassen, Minnesota 1 1 • 1 1 1 1 1 1 1 bEl/ Z4R/17 - wr eit/TiP p . X99 1 771/4/E-4./ ,?)a S 27 , 2 G. The Developer shall enter into a development contract with the City and provide the necessary securities associated with the development. The developer shall construct the street, sanitary sewer, and storm sewer improvements within Teton Lane at his expense and shall waive all rights to a public hearing or assessment appeal for 20 percent of the cost to the Lilac Lane improvements, City Project No. 91 -4. H. Park and trail fees shall be paid in lieu of land dedication. I. The Developer shall retain a qualified soils ' engineer to evaluate the sub- surface soil conditions on the proposed subdivision and recommend corrections at proposed house pads if necessary. 1 J. The wetland alteration shall be completed exactly as proposed in the Barr Engineering memo dated March 9, 1992 including the two -pond system, interspersed with open water and submergent plant species, and landscaping of a mixture of emergent plant species and wetland shrubs. ' K. D of dredged material is prohibited within the wetland area. L. The Developer shall notify staff within 48 hours prior to commencing the alteration to the wetland and shall again notify staff within 48 hours after completion of the wetland ' alteration for staff review and approval. M. The letter of credit, as part of the development contract, shall include financial sureties to guarantee proper ' mitigation of the wetland, including landscaping and as -built plans. N. Minimum lowest floor elevation on Lots 12, 13, 14, 15 16 and 17, Block 1 shall be 2 feet above the 100 -year flood elevation. ' 9. General Conditions. The general conditions of this Contract, approved by the City Council on February 22, 1988, are attached as Exhibit "B" and incorporated herein. 1 1 SP -4 -; f 11 City of Chanhassen Carver and Hennepin Counties, Minnesota 1 DATE: July 13, 1992 RESOLUTION NO: 92 -79 MOTION BY: Dimler SECONDED BY: Wina 1 A RESOLUTION ACCEPTING SUPPLEMENTAL FEASIBILITY REPORT ON STREET AND UTILITY IMPROVEMENTS TO TETON LANE AND LILAC LANE, PROJECT MO. 91 -4 WHEREAS, on February 10, 1992, the City Council authorized Engelhardt and Associates to prepare an updated feasibility study for street, utility, and drainage improvements to Teton Lane (Lilac Lane to Ashton Court) and Lilac Lane (Teton Lane to County Road 17), Project No. 91 -4. ' NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council that the supplemental feasibility study as prepared by Engelhardt and Associates is hereby accepted contingent upon the following: 1) The developer for the Ithilien subdivision waiving his right to a public hearing, accepting a 20% assessment of the smaller project cost, and agreeing to pay the full costs of the larger Teton Lane project. 2) A connection charge for the storm sewer improvements to Lilac Lane be adopted for the Johnson, Pickard, Ware and Natole. properties for collection at such time that future subdivision would occur at any of these properties based on a rate of $2,687 per acre of contributing area as presented in the revised cost schedule and annually adjusted for installation based on construction cost index. ' Passed and adopted by the Chanhassen City Council this 13th day of July, 1992. ATTEST: , / Don Ashworth, City Clerk /Manager Donald J. •rt ayor YES 112 ABSENT, , Chmiel None None Mason Wino Workman Dimler I/ W.E. ENGELHARIDT ASSOC. TEL No.612- 448 - 8805 Sep 8,93 9 :07 No.001 F.02 WILLIAM R. ENGELHARDT ASSOCIATES, INC. ' (rrr.aulring rr tnFerJ 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 1 ^ (812) 446.8836 , August 19, 1993 Leonard Ware 1225 Lilac Lane Excelsior, MN. 55331 1 RE: Lilac Lane Improvements Assessment C.P. No. 91 -4 Dear Mr. Ware: 1 The City of Chanhassen has tentatively scheduled an assessment hearing on the above referenced project for September 27, 1993. As part of this improvement the City has levied a $2,687.00 /Acre storm sewer connection charge to your property. This charge is 1 non - assessable at this time. However, if in the future you were to develop your property, this charge would become due and payable. Your storm sewer connection charge is as follows: ' P.1.12 NAME ACREAGE AMOUNT 25- 002 -2000 Leonard Ware 1.40 /Ac. $3,761.80 If you have any questions please call. 1 Sincerely, WILLIAM R. ENGELHARDT ASSOCIATES, INC. Allan L. Larson ALL /las wI.R. ENGELHNF'UT RSSOC. TEL No.612- 448 -8805 Sep 8,93 9:07 No.001 F.03 i WILLIAM R. ENGELHARDT ASSOCIATES, INC. It 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 (612) 448.883E August 19, 1993 Frank a. Natole 6251 Teton Lane Excelsior, MN. 55331 RE: Lilac Lane Improvements Assessment 1 C.P. No. 91 -4 Dear Mr. Natole: The City of Chanhassen has tentatively scheduled an assessment hearing on the above referenced project for September 27, 1993. As part of this improvement the City has levied a $2,687.00 /Acre storm sewer connection charge to your property. This charge is non - assessable at this time. However, if in the future you were to develop your property, this charge would become due and payable. Your storm sewer connection charge is as follows: PID EA ME ACREAGE AMOUNT ' 25 - 002 -1900 F. J. Natole 1.49 ac. $4,003.63 If you have any questions please call. .1 Sincerely, WILLIAM R. ENGELHARDT ASSOCIATES, INC. ' Allan L. Larson ALL /las 1 W.R. ENGELHHPIIT H8SOC . TEL No .612 -448 -8805 Sep 8,93 9 :07 No .001 F.04 1 WILLIAM R. ENGELHARDT ASSOCIATES, INC. 1107 HAZELTINE BOULEVARD ' CHASKA, MINNESOTA 55318 (612) 448.8838 1 August 19, 1993 1 Charles Pickard 1215 lilac Lane Excelsior, MN. 55331 • RE: Lilac Lane Improvements Assessment 1 C. P, No. 91-4 Dear Mr. Pickard: The City of Chanhassen has tentatively scheduled an assessment ' hearing on the above referenced project for September 27, 1993. As part of this improvement the City has levied a $2,6$7.00 /Acre storm sewer connection charge to your property. This charge is ' non- assessable at this time. However, if in the future you were to develop your property, this charge would become due and payable. ' Your storm sewer connection charge is as follows: PID NAME ACREAGE AMOUNT 1 25-002-2100 Charles Pickard 1.40 Ac. $2,149.60 If you have any questions please call., 1 Sincerely, WILLIAM R. ENGELHARDT ASSOCIATES, XNC. ' Allan L. Larson ALL /las 1 1 W.R. ENGELHARI!T ASSOC. TEL No.612- 448 -8805 Sep 8,93 9:07 No.001 P.05 1 WILLIAM R. ENGELHARDT ASSOCIATES, INC. Yopwull..;ov cffy.r, «E: *i 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 16121 448.8836 1 1 August 19, 1993 Gordon Johnson 1275 Lilac Lane Excelsior, MN. 55331 • R p E: Lilac Lane Improvements Assessment C.P. No. 91-4 Dear Mr. Johnson: The City of Chanhassen has tentatively scheduled an assessment 1 hearing on the above referenced project for September 27, 1993. As part of this improvement the City has levied a $2,687.00 /Acre storm sewer connection charge to your property. This charge is non - assessable at this time. However, if in the future you were to develop your property, this charge would become due and payable. Your storm sewer connection charge is as follows: SID_ NAME ACREAGL AMOUNT 1 25-002-2410 Gordon Johnson 0.72 Ac. $1,934.64 . 1 If you have any questions please call. 1 Sincerely, WILLIAM R. ENGELHARDT ASSOCIATES, INC. * 9/4 f 11—' " --- • Allan L. Larson ALL /las 1 1 1