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2. Assessment Roll for Lake Drive East I 3 CITYOF eD._ 1 014:0 , CHANHASSEN ' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I Action by City Adrnmratr' r I MEMORANDUM V 7 wr Endorsed TO: Don Ashworth, City Manager indor,ed - IFROM: Charles Folch, City Engineer Wit=. ;,;.>; _. :: ' ..- DATE: August 20, 1991 ----- - -- IISUBJ: Adopt Assessment Roll for Lake Drive East --1 — -9 Project No. 89-6 I The limits for this project began at D a Avenue and extended east to 184th • I Avenue (Dell Road). The impetus for i -=project was the interfacing of the overall roadway system improvements Osojated with the upgrading of Trunk Highway 5. The project improvements nsi t-d of the installation of sanitary Isewer, watermain and storm sewer facilities, reconstruction of the westerly 1,000 feet of the existing roadway and new :onstrucion of approximately 2,400 lineal feet of non-existent roadway. Lake rive East is a State-Aid designated street with the Hennepin County portion eexisting wi th�"..Tax Increment Financing District I No. 2. Thus, the costs associated with this improvement project are to be financed by a combination of Sta '-Aid funds, Mni T, TIF and special assessments. IThis project was first petit oned back in 1983 b xthe previous property owner, CPT Corporation, and was` reinitiated in 1989 and completed during the 1991 I construction seasonte41 The majority of the improvements s impacted. the Sunlink Corp/Datasery property., fat_ e u personnel av ..• n intimately involved with the project from its i`I ception incl ing lro'id • input on the actual road alignment and uttilWifigkriPsIfie'Yeatibility0port.propolOARR, a..1 assessments I to three parcels' ncluding the Datasery property. The other two `, ,erties were one-acre parcels which have,;since been acquired by MnDOT.for "runk Highway 5 right-of-way. Thus, only tie° unlr �Qatasery ' _ l ei i' s to be assessed. The feasibility study estimated a total <= oject cost of $928,800. - The total combined sanitary sewer, watermain, storm drainage and street assessment to the I Datasery property was estimated at $595 23. The actual total project cost is $956,987; however, the assessment amount to Sunlink/Datasery has decreased by some $117,000 to $477,233. It should be noted that neither the feasibility study nor the current assessment amount includes any costs associated with road right- Iof-way acquisition. Given the extensive involvement of Datasery during the development of this I .l tle PRINTED ON RECYCLED PAPER I 11 Don Ashworth August 20, 1991 Page 2 ' project and the substantial reduction in the original estimated assessment cost to the property, it might be expected that this assessment process would be rather straightforward. However, such is not the case. Sunlink/Datasery have a concern associated with the roadway right-of-way acquisition. The ' Sunlink/Datasery representatives have had previous contact with MnDOT that led them to believe that MnDOT was going to acquire the right-of-way for the new road through the Datasery property and pay compensation accordingly. It is apparent 1 from recent contact with MnDOT that they no longer need nor intend to acquire right-of-way from Sunlink/Dataserv. It is Sunlink/Dataserv's current position that either the City or MnDOT should compensate them for the needed right-of-way. ' However, any City costs incurred for land acquisition on a capital improvement project are typically considered a part of the total project cost which would be that is assessed back to benefitting properties. In this case, Sunlink/Datasery is the sole property for special assessment. ' A key aspect that should not be overlooked is that as a part of any commercial , residential , etc. subdivision, the developer typically dedicates, with the plat, ' the needed public road right-of-way at basically no cost to the City. In addition, the developer either constructs the needed improvements under private contract or petitions for a capital improvement project and bears the majority if not all of the cost. The roadway alignment and utility improvements for this project were developed with cooperative input to best serve the future needs of Sunlink/Datasery property. With these street and utility improvements now installed the entire property is arguably more amenable to and valuable for ' development. We have recently received a letter from Sunlink Corp. stating their objections on these aforementioned issues and providing terms that they and Datasery would be agreeable to. At this point in time, staff is not totally clear on the specifics of their proposal . I believe more time is needed to allow staff to fully investigate the issues involved and conduct at least one more meeting with ' the Sunlink/Datasery representatives. I would therefore recommend that the City Council continue this public hearing to the September 23, 1991 City Council meeting. This year, the deadline for special assessment certification to the County has been delayed to November 30, 1991. Therefore, at this point, there appears to be ample time to resolve these outstanding issues. ' ktm Attachments: 1. Location map. 2. Letter from OSM dated August 21, 1991. 3. Preliminary assessment roll dated 8/21/91. 4. Public Hearing Notice. 5. Affidavit of Mailing. 1 . I I I . ' Ls.. c,•., I I cmonsrmis • ' i tit NNCPN4' COUNTY — - __ / CARVER COUNTY , *iu:•-•: . _ LT 4;f• . ; •,, , -- WI • . -1 '' 1 ..' . • : . . '' 1.. . ■ •. . _oPfi. t.f.i.i .4" / .OP•Dett - '• •".70-P•• / .._.--1 • .„.,.;• s. ., 15 (Zit • . _ • /v • • : ../. . •• • AP to.,„c... , .9 1.4.: ... - Z . • .. . .2 . . 1 .., N i . 1 —• • ' T' . •— .: st. ;',1"••. .h4.L,. . c 11 . .. . . f°' . . .,...11 . _......_ I . . - , . 4 tH3 2;H: ...4..qt, .1:117"----q.: "7.,.,„A.V .. 7----.7 :.;•"- 1/4..._/ . - . . . . ■ .i, .:'1 - ' \--,I . t7" .:. '"` • .'.—,.. 1,‘, :. •r' :14 •■ 11 i 117F •41 . LOTUS T US 1 L A K I uc, i \ • \._,. ..., . •. ,i7ertj .1 .... .4:•:*"41 .1----- • 'C.,.•. • •.. . •?, : LAKE •• - I) ill I - ' . 5. I LAKE ANN ), • ------ Mrk • . '.' I I• • a '' . ;Ir • - ' / II i• r 1 \— ."., ri__f? • -.4 ' 1 0•01"-- I , , , ......r ;442 . . J1 ...4 101 Fr •,R 1 : 1„ i'll....--.-.... ign-i-- ]...L.::...----0"...----- • ,t.... : .- i c i ------''32---=-Ir----:-„..c.,_.,-7----11 ... i •Its , .6 ! . __:--L_,-- ,: i=7' r : - . a• • .oa,. gj a ..u.amcor-4"11- ''''''..40411111110 . . ' I , V:744 ' • ,, f •0,0■001. .C. 1414144. Al . f. r.... • . .. . ..-. a 90' oes•O • /21 PROJECT 0 AREA 4- 1 1 • e;:) • - '/, • :11;.•' . , • I :Cs • . , . . 0344: • ;/ ■ •*"- ."( • LAKE SUSAN el i . .__ .1 , , . - RICE & R$N LAKE - . i 1 .SI -0 . ...9 . I T • — • i 1 . . • ...• - , 04 I• f• .... i•NnitZ) / .. I I • .... • )) -I al - i I . • - I 1 .: .z... I __________ a i I I 0' Drown By: Drawing Title Comm. No. 1 DT N ci.4 -_,11/11 gcrEelen • LOCATION MAP 4358 Dote .—_,........ dr.L.4 :_..,... Maeron & - : --- - i...a Ass yociates. Inc. LAKE DRIVE EAST EXTENSION '------- Sheet no. I, tailarers• Surveyors• Meatier, C H ik N HAS SEN MINNESOTA Ev28,/es ion Irada Nussepla Aviniss • ithubaajoilia,101 sows .gulgu.....0 I t ._ -- I • CIISIV2 rhelenn 8, lir& Associates,Inc. I 2021 East Hennepin Avenue Minneapolis,MN 55413 014--.,--,1-00011 FAX 331-3806 I August 21, 1991 EAnrgihnteeecrtss Planners Surveyors I :1,1 's u!41.. : Mr. Charles Folch I City Engineer City of Chanhassen .- `-k1 ;-; .. —3 Pr :1 ,..1 :,..i •..,'4. t•-"I 1.• '1 1 . A .' •.-' ;I . 4 -. , 690 Coulter Drive ...v .;r. .. - P.O. Box 147 4 ' Chanhassen, MN 55317 - I Cm 6,11 iil i' w U. v Li t., iw ti ril • I Re: Lake Drive East Extension City Project No. 89-6 I OSM Project No. 4358.01 Dear Charles: IPlease find enclosed the information you requested regarding the referenced project. The information includes a summary of total project costs totaling $956,987. Also included is the proposed assessment calculation and summary for the one assessable property on the ..- Iproject. The proposed assessment to Dataserv, Inc. is $477,233. Please feel free to contact Bud Osmundson or myself if you have any questions regarding Ithis matter. Sincerely, I ORR-SCHELEN-MAYERON . ,-- & ASSOCIATES, INC. I .. azi4g :114011001411 I David D. Mitchell, P.E. Project Manager ... I /cmw . . 0820-coc.cf I Enclosure . . ' .. - .. I . : I s 4 Equal Opportunity Employer 'r 1 -I- - . _ - i AUG 22 '91 12:51 OSM MPLS, MN P•3 Lake Drive East Extension '�' "" '°, ' City of r 3 ,� "%i : ► -. r"-r Tit n p Fri_, i,'iii ii:., ,s ` , Chanhassen,Minnesota @ _ 3 '4 !;.;' ., t y g';' i OSM Project No.4358.01 ' c; tt °' 1 Y 6 , k ►' ii PROJECT COST SUMMARY Construction Cost 745,275.00 Engineering Design Fees 49,188.00 (745,275 x 0.066) . Administration,Legal 89,696.00 Construction Engineering 72,828.00 TOTAL PROJECT COST - 956,987.00 ITEMIZED BY UTILITY - Construction Engineering& Feasibility Report Cost Administration(1) Total Est.Project Cost Sanitary Sewer 103,935.00 29,525.00 133,460.00 163,500.00 Watermein 81,574.33 23,173.00 104,747.00 191,900.00 Storm Drain 97,923.16 27,817.00 125,740.00 103,800.00 Street 377,477.91 107,232.00 484,710.00 365,100.00 Sidewalk 25,365.00 7,205.00 32,570.00 51,000.00 Street lights 59,000.00 16,760.00 75,760.00 53,500.00 TOTAL 745,275.40 211,712.00 956,987.00 928,800.00 i (1) Proportion of Construction Cost 'J NOTE: Changes from Feasibility Report *Additional 42'RCP Storm Drain from T.H.No.5 to Lake Drive East along County Line Easement. I *Encountered unsuitable soils In street construction which required correction. . 1 1 t Lt E _: C," r Mlle P.4 I I Assessment to Property: Parcel No. 18116-22210002 19011 Lake Drive East Chanhassen, MN 55317 ASSESSMENT CALCULATIONS: (as per Feasibility Report) I Sanitary Sewer 100%of cost totally within Datasery frontage Watermain 100%of cost totally within Datasery frontage Storm Drain One half the cost of new construction within Datasery frontage Street. Percentage of total cost based on frontage of Dataserve I (69%)to total frontage,less Mn/DOT contribution for for new construction($145,091) Street Lights Not assessed ` ' Sidewalk Not assessed SUMMARY ISeptember 20, 1989 Proposed Preliminary Assessment Roll I . Assessment Estimated Assessment Sanitary Sewer 133,460.00 163,500.00 Watermain 104,747.00 128,316.00 Storm Drain 49,667.00 49,684.00 ..Street 189,359.00 253,623.00 Sidewalk 0.00 0.00 • IStreet Lighting 0.00 0.00 t TOTAL 477,233.00 595,123.00 . I X; ' i:'1 F.� i 4:x i s �n;---,, •,.....-'� ice-v. +R 1 I _ .1 7. I I j I I r i i NOTICE OF ASSESSMENT HEARING CITY OF CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Chanhassen City Council will meet at 7:30 p.m. on Monday, August 26, 1991 at the City Hall Council Chambers to pass upon the proposed assessment for the Lake Drive East Improvement Project No. 89-6. Abutting properties and those properties deriving benefit from this project are proposed to be assessed. Specifically, properties to be assessed include: Parcel No. 18116-22210002 The proposed assessment is on file for public inspection in the office of the City Engineer. The total ,project cost to be assessed is $979, 202 .00. Written and oral objections will be considered at the meeting, but the Council may consider any objections 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 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. No appeal may be taken as to the amount of any assessment adopted unless a WRITTEN NOTICE 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. 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. ' Don Ashworth City Clerk/Manager puzu,./, 1 6 15 1 J. CI S ( I i CITY OF CHANHASSEN IAFFIDAVIT OF MAILING NOTICE ISTATE OF MINNESOTA ) ss COUNTY OF CARVER ) I II, Karen J. Engelhardt, being first duly sworn, on oath Ideposes that she is and was on August 9 , 1991 the duly qualified and acting Deputy Clerk of the City of Chan- , hassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Special Assessment for IIImprovement Project No. 89-6 , Lake Drive East between Dakota Avenue and IDell Road to the persons named on attached Exhibit "A", by enclosing a copy Iof said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the IUnited States mail with postage fully prepaid thereon; that the Inames and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, Iand by other appropriate records. I 4, IMP iKar= J.�►e1' dt, Deputy Clerk Subscribed and sworp e me this 7 -1-1-' to' day Iof 0.....1. _„. ` , 199/ `'tj-MC 'u •. CARVER COUNT s 3 . Ex CITY OF CHANHASSEN, MINNESOTA SPECIAL ASSESSMENT NOTICE IMPROVEMENT NO: 89-6 I Lake Drive East, Between Dakota Avenue & Dell Road I The City Council will hold a public hearing to consider proposed assessments for Improvement Project No. 89-6, on Monday, August 26 , 1991, at 7: 30 p.m. in the Council Chambers at 690 Coulter Drive, ' Chanhassen, Minnesota . The area to be assessed includes the following: commencing at the northwest corner of the north half of the northwest quarter, Section 18 , Township 116, Range 22; I thence east along the north line for 1069 .34 feet; thence south 317 feet; thence east 360 feet; thence north to the north line of the quarter section; thence east to the northeast corner; I thence south to the southeast corner; thence west to the southwest corner; thence to the point of beginning except highway and cartway. The total amount of the proposed assessment is $521, 236 .00 . Your assessment has been calculated in I accordance with the City Council ' s policy as follows: . Property Owner: Sunlink Corporation, Attn: Mr. Tom Gaither Address: 59 Executive Park Drive South Northeast '- Atlanta, GA 30329 Parcel No: 18116-22210002 I Proposed Assessment Against Your Property as Described Below: Specific Improvements Amount ©S ( lqe%/ Sta.A. 8lzo I Sanitary Sewer $133, 363 .00 133I24it •00 I Watermain $104, 697 .00 104-,5-S2-6° Storm Drain $ 49 , 475 .00 ( sa.wti/) Street $233, 701 .00 21,12&s.o0 Total $521, 236 .00 ia46,5/4- I • Assessment may be paid in full without interest or other charges I 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 I 55317, Attention: Treasurer . Please indicate the parcel number on your check. Partial prepayment of the assessment is permitted during the 30 day period following the assessment hearing, II If you elect not to pay the full amount within thirty ( 30 ) days after the hearing date, the assessment will be spread over 8 years I with installments appearing on your real estate taxes beginning next year . Interest will be included at the rate of 8 percent of the unpaid balance. I 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. II p Page 2 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 objections to the assessment not received prior to or at the assessment hearing in the above manner are waived, unless failure to object prior to or at the assessment hearing is due to a reasonable cause. 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 . 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. 1 Don Ashworth City Clerk/Manager City of Chanhassen, Minnesota 1 1 I -