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CR2013-128 Adopt Assesment Roll - Sanitary Sewer services - 2013 Street & Utility ImprovementsCity of Hopkins December 3, 2013 Council Report 2013-128 ADOPT ASSESSMENT ROLL SANITARY SEWER SERVICES 2013 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 2013-10 Proposed Action Staff recommends the following motion: "Move that Council adopt Resolution 2013-079, Adopting Assessment Roll, Sanitary Sewer Services, 2013 Street and Utility Improvements, City Project 2012-10." Overview As you are aware, many of the existing sanitary sewer services in the 2013 Street Improvement project were Orangeburg pipe. State law requires the homeowners to replace this pipe when it is discovered. Because of the financial burden already faced by homeowners from the street improvement project, Council offered homeowners the option of having the service replacement cost placed on an assessment at 3.87% for 10 years. Each homeowner was required to sign a waiver of appeal in order to use this financing option. Assessment calculations were based on the actual cost to install the services. Payments can be made without interest until January 2, 2014. Payments can be made with interest accrued until November 29, 2014. First payment through property taxes is due in May 2015. Supporting Information ■ Waiver of Appeal ■ Affidavit of mailing ■ Notice of assessment hearing ■ Assessment Roll & Notification Letters ■ Resolution 2013-079 R. Bradford, P.E., City Engineer Financial Impact: $0 Budgeted: Y/N _ Source: Related Documents (CIP, ERP, etc.): Notes: \\I-isMEngineering\Council Reports\2013\CR2013-128 Adopt Assessments Sanitary Services 2013 Recon.doc REQUEST OF HOMEOWNER TO ASSESS THE COSTS OF INSTALLING A SANITARY SEWER SERVICE LINE AND WAIVER OF APPEAL AND HEARING TO CONTEST THE ASSESSMENT This REQEST TO ASSESS THE COSTS OF INSTALLING A SANITARY SEWER SERVICE LINE AND WAIVER OF APPEAL AND HEARING TO CONTEST THE ASSESSMENT (the "Waiver") is made by Robert Smith and Mary Smith ("Owner" or "Owners"), owners of real property located at 100 South Main Street, Hopkins, Hennepin County, Minnesota (the "Property"). WHEREAS, the City of Hopkins (the "City") will be installing a new sanitary sewer line (the "Line") that will serve the Property, and; WHEREAS, the Owners may desire to or may be required to repair or replace the service line which connects the Property to the Line (the "Service Line"), and; WHEREAS, the cost to repair or replacement the Service Line is solely that of the Owners, and; WHEREAS, the City is offering the Owner the choice to have the cost assessed against the Property to be paid over a ten (10) year period (the "Assessment"), and; WHEREAS, Minnesota law allows a property owner to contest a financial assessment against their property, and; WHEREAS, the City's offer to allow the Owners to assess the cost against the Property is conditioned upon the Owners waiving all legal rights to contest the Assessment. NOW, THEREFORE, the Owners state as follows: ACKNOWLEDGEMENT. The Owners acknowledge and agree as follows: a. The proposed Assessment is not mandatory and can and will only be imposed on the Property with their consent; b. Pursuant to Minn. Stat. Sect. 429.061, real property owners have the right to request a hearing with the Hopkins City Council to contest a financial assessment against their property; C. Pursuant to Minn. Stat. Sect. 429.081, real property owners have the right to appeal to District Court a financial assessment against their property; d. The City will only agree to allow the costs for the Service Line to be assessed against the Property on the condition they waive their rights provided by Minn. Stat. Sects. 428.061 and 429.081 and any similar provisions contained in Minnesota statues, common law or the Hopkins City Charter; e. The Assessment will be for a ten (10) year repayment term and will incur interest at the rate of three and 87/100 percent (3.87%); f. The Owners agree that they have had an opportunity to obtain legal advice regarding their waiver and that they have not relied on any representations, written or oral, from any employee or agent of the City of Hopkins. 2. REQUEST. The Owners hereby request that the City of Hopkins assess against the Property the cost in repair or replace the Service Line connecting the Line to the Property. 3. WAIVER. The Owners hereby waive all rights they have or might have pursuant to Minn. Stat. Sect. 429.061, Minn. Stat. Sect. 429.081 and any other provision of Minnesota statutes, the common law or the Hopkins City Charter that provides the Owners with the right to seek a hearing before the Hopkins City Council to contest the Assessment or to appeal the Assessment to District Court. Date: Date: Owner Owner AFFIDAVIT OF MAILING ASSESSMENT HEARING NOTICE STATE OF MINNESOTA SS. COUNCIL OF HOPKINS Kristine A. Luedke, being first duly sworn, deposed and says: I am a United States citizen, over 21 years of age, and the City Clerk of the City of Hopkins, Minnesota. On November 14, 2013, acting on behalf of the said city, I caused to be deposited in the United States Post Office at the City of Hopkins, Minnesota, copies of the attached notice of public hearing for the Sanitary Sewer Service Replacements, 2013 Street and Utility Improvement Project, City Project No. 2012-10, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the following persons at the addresses appearing on the attached copy of the mailing list. There is delivery service by United States mail between the place of mailing and the places so addressed. Subscribed and sworn to before me Signature 14th day of November, 2013. N Deborah L. Sperling Notary Public Minnesota Carrxnittan Ezprp January 31, 2018 CITY OF HOPKINS Hennepin County, Minnesota NOTICE OF HEARING ON PROPOSED ASSESSMENT SANITARY SEWER SERVICE REPLACEMENT 2013 STREET AND UTILITY IMPROVEMENTS PROJECT CITY PROJECT NO. 2012-10 ((Tax—Map)) «Owner Address_1» <<Owner_Address_2» «Street Address» City» , «State» « Zip» RE: #<<Tax_Map» - <<Property_Address», Hopkins, MN TO WHOM IT MAY CONCERN Notice is hereby given that the City Council of the City of Hopkins, Minnesota will meet in the City Council Chambers, Hopkins City Hall, 1010 1st Street South, at 7:00 p.m., Tuesday, December 3, 2013 to pass upon the proposed assessment for properties located in the following area: Monroe Avenue S: Excelsior Blvd to 2nd Street S; Jackson Avenue S: Excelsior Blvd to 1st Street S; Van Buren Avenue S: Excelsior Blvd to 2nd Street S; Harrison Avenue S: Excelsior Blvd to 2"d Street S; I" Street S: Monroe Avenue S to eastern limits; and 2"d Street S: Monroe Avenue S to Harrison Avenue S. for sanitary sewer service replacements; pursuant to Minnesota Statutes, Section 429.011 to 429.111. Adoption by the City Council of the proposed assessment will occur at the hearing. The following properties in the area are to be assessed: Plat Name See Twp Rn;; Q/Q Suffix West Minneapolis Center 19 117 21 34 0018-0019, 0024, 0026, 0038 West Minneapolis Center 19 117 21 34 0044-0047, 0050-0051, 0053 West Minneapolis Center 19 117 21 34 0055-0056, 0058, 0063, 0066 West Minneapolis Center 19 117 21 34 0069-0070, 0075-0077 West Minneapolis Center 19 117 21 34 0089-0090, 0092-0093 West Minneapolis Center 19 117 21 34 0095, 0100, 0107, 0117 West Minneapolis Center 19 117 21 34 0126, 0137-0138, 0145 The proposed assessment is on file for public inspection at the office of the City Clerk. The total project amount of the proposed assessment is $72,300. The first installment will appear on the 2015 tax statement and shall include interest at the rate of 3.87% per annum from December 3, 2013 until December 31, 2015. Assessments shall be payable in annual installments over a period of 10 years. If a property owner pays the full assessment on his or her property prior to November 30, 2014, interest due on that payment would be calculated to the date of payment. If such payment is made after November 30, 2014, interest will be charged to December 31, 2015. If a property owner pays his assessment in full from December 3, 2013 to January 2, 2014, no interest will be charged. Such payment should be made to the Assessment Clerk at Hopkins City Hall, 1010 1St Street S, Hopkins, Minnesota 55343. Partial prepayment of the assessment in excess of 25 percent of the total assessment has been authorized by ordinance. A partial prepayment can only be made prior to November 30, 2014 with interest accrued to the payment date, except that no interest shall be charged on the partial payment if such partial payment is made prior to January 2, 2014. Waivers have been signed where the Owners hereby waive all rights they have or might have pursuant to Minnesota Statutes Section 429.061, Minnesota Statutes Section 429.081 and any other provision of Minnesota statutes, the common law or the Hopkins City Charter that provides the Owners with the right to seek a hearing before the Hopkins City Council to contest the Assessment or to appeal the Assessment to District Court. Under provisions of Minnesota Statutes Section 435.193 to 435.195 and Hopkins Ordinances 703.01 to 703.05 the City may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments. When a deferment of the special assessment has been granted and is terminated for any reason provided in that law and Ordinance, all amounts accumulated plus applicable interest become due. The procedures to apply for such deferment are available from the Assessment Clerk. Kristine A. Luedke, City. Clerk Dated: November 6, 2013 Publish: Hopkins Sun Sailor November 14, 2013 Page 3 CITY OF HOPKINS SANITARY SEWER SERVICE REPLACEMENT 2013 STREET AND UTILITY IMPROVEMENTS PROJECT CITY PROJECT NO. 2012-10 STATEMENT OF ASSESSMENT PID #<<Tax_Map» - « Property_ Address», Hopkins, MN The amount to be assessed against your property listed above is: SANITARY SEWER SERVICE REPLACEMENT = $«Total Assessment» Payments in full or partial payments of at least 25% of the total assessment can be paid to the City of Hopkins until November 29, 2014. No interest will be charged on payments made by January 2, 2014. Interest will be charged on any payments made after January 2, 2014. Any balance remaining on November 29, 2014 will be certified to Hennepin County for collection over a period of 10 years at 3.87% interest beginning with the 2015 property taxes. THIS IS THE ONLY NOTICE YOU WILL RECEIVE FOR THIS ASSESSMENT. YOU WILL NOT BE BILLED OR NOTIFIED ANY FURTHER. Payments can be sent to: City of Hopkins, Attn: Special Assessment Clerk, 1010 1st Street S, Hopkins, MN 55343. (NOTE: When requesting information or corresponding about this statement, please refer to PID #<<Tax_Map)). Questions can be directed to the Special Assessment Clerk at 952-548-6310.) 19-117-21 34 0018 eng 19-117-2134 0019 eng 19-117-21340024 eng Jason Erickson Russell Sheets Elizabeth A Luoma 18 Harrison Ave S Kimberly Sheats 42 Harrison Ave S Hopkins, MN 55343 22 Harrison Ave S Hopkins, MN 55343 Hopkins, MN 55343 19-117-2134 0026 eng 19-117-2134 0038 eng 19-117-21 340044 eng John C Holman Daniel K Johnson Christopher H Clark Elizabeth A Holman Celeste C Johnson 26 Van Buren Ave S 50 Harrison Ave S 17 Van Buren Ave S Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 19-117-21 34 0045 eng 19-117-21 34 0046 eng 19-117-2134 0047 eng Ryan T Pope Kenneth B Parsley Wendy Sue Irwin Andrea S Pope Carrie M Parsley 38 Van Buren Ave S 3720 Balsam Ln N 34 Van Buren Ave S Hopkins, MN 55343 Plymouth, MN 55441 Hopkins, MN 55343 19-117-21 34 0050 eng 19-117-2134 0051 eng 19-117-2134 0053 eng Barbara J Siewert Medardo E Rivas Jason Prieve 50 Van Buren Ave S Doris Rivas 57 Jackson Ave S Hopkins, MN 55343 54 Van Buren Ave S Hopkins, MN 55343 Hopkins, MN 55343 19-117-2134 0055 eng 19-117-2134 0056 eng 19-117-2134 0058 eng Joshua Smith Robert S Davies David J Taber Jamee Leonard 45 Jackson Ave S Kathleen Taber 49 Jackson Ave S Hopkins, MN 55343 37 Jackson Ave S Hopkins, MN 55343 Hopkins, MN 55343 19-117-2134 0063 eng 19-117-21 34 0066 eng 19-117-2134 0069 eng Christine Y Dahlbloom Jeffrey A Degreef Carl G Lofgren 17 Jackson Ave S Renee L Degreef Janis W Lofgren Hopkins, MN 55343 14 Jackson Ave S 26 Jackson Ave S Hopkins, MN 55343 Hopkins, MN 55343 19-117-2134 0070 eng 19-117-21340075 eng 19-117-2134 0076 eng Cody J Keskitalo Michael R Martineu Diana J Rouse Traci L Keskitalo 50 Jackson Ave S 54 Jackson Ave S 30 Jackson Ave S Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 19-117-2134 0077 eng 19-117-2134 0089 eng 19-117-2134 0090 eng Thomas P Schommer Heidi L Williams Frederick E Byron Jr 58 Jackson Ave S 102 Van Buren Ave S Jodi A Byron Hopkins, MN 55343 Hopkins, MN 55343 106 Van Buren Ave S Hopkins, MN 55343 19-117-2134 0092 eng 19-117-2134 0093 eng 19-117-2134 0095 eng Robert Fisher Danilo J Skrogstad Scott E Klein Jessica Dunne 118 Van Buren Ave S 4605 Eastwood Cir 114 Van Buren Ave S Hopkins, MN 55343 Minnetonka, MN 55345 Hopkins, MN 55343 19-117-2134 0100 eng 19-117-2134 0107 eng 19-117-2134 0117 eng Sheryl Martinson Melvin H Overdieck Stephen M Seward 146 Van Buren Ave S 130 Harrison Ave S 113 Van Buren Ave S Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 19-117-2134 0126 mg 19-117-2134 0137 mg 19-117-21 34 0138 mg Judith A Miller 137 Harrison Ave S Hopkins, MN 55343 19-117-2134 0145 mg Melissa Machkhashvili Mamuka Machkhashvili 142 Harrison Ave S Hopkins, MN 55343 Mary T Hamdorf 125 Van Buren Ave S Hopkins, MN 55343 Mark J Williams 432 Amaz Dr #8 Los Angeles, CA 90048 i pp� %kh- 5—Aglic-1 City of q%pkins 1010 First Street South • Hopkins, %N 55343-7573 • Phone: 952-935-8474 • FaX. 952-935-1834 Web address: www.hcpkinsmn.com November 14, 2013 Property Owners RE: Sanitary Sewer Service Assessments Dear Property Owner: Attached is the notice for the Assessment Hearing associated with the sanitary sewer service replacements that were done on your property. Each of you have agreed to have the assessment levied to finance the service work. This letter explains the payment options you have with your assessments. Option 1: You can pay all or part of your assessment between December 3, 2013 and January 2, 2014 without interest. Option 2: You can pay all or part of your assessment between January 3, 2014 and November 29, 2014 with interest accrued to the date of payment Option 3: After November 29, 2014, the remaining balance will be placed on your taxes for 10 years. The first payment is due in May 2015. The interest rate is 3.87%. No action is needed if you choose Option 3. If you have any questions about the payments, please contact Robin Robertson at 952-548-6310. Questions about the project can be direct to me at 952-548-6356 or ibradford@hopkinsmn.com Sincerely, John R. Bradford, P.E. City Engineer Partnering with the Community to Enhance the Quality of Life • Inspire • Educate • Involve • Communicate • CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013-079 RESOLUTION ADOPTING ASSESSMENT ROLL SANITARY SEWER SERVICES 2013 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 2012-10 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of 2013 Street and Utility Improvement Sanitary Sewer Replacements Project, as described in the files of the City Clerk as Project 2013-10. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins, Minnesota: 1. Such proposed assessment, as may be amended and 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 a period of ten years, the first of the installments to be payable on or after the first Monday in January 2015, and shall bear interest at a rate 2 percent higher than the true interest "net interest" rate of the bonds that are issued for the project per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from December 4, 2013, until December 31, 2014. To each subsequent installment when due shall be added interest from one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non -abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 429.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. \\Lisa\Engineering\Resolutions\2013\R2013-079 Adopt Assessment Roll Sanitary Sewer Services 2013 Recon.docx 5. The clerk shall forthwith transmit a certified duplicate of the assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Hopkins, Minnesota, this 3rd day of December 2013. 3 ATTEST: Kristine Luedke, City Clerk Eugene J. Maxwell, Mayor \\Lisa\Engineering\Resolutions\2013\R2013-079 Adopt Assessment Roll Sanitary Sewer Services 2013 Recon.docx Miscellaneous Sewer Replacement - in conjunction with 2013 Street Project 12/3/2013 South Presidential neighborhood August - October 2013 Assessed PID Property Address Name Mailing Address City State Zip Amount Tax Map Property Address Owner Address 1 Owner Address 2 Street Address City State Zip Total Assessment 19-117-2134 0018 18 Harrison Ave S Jason Erickson 18 Harrison Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0019 22 Harrison Ave S Russell Sheets Kimberly Sheats 22 Harrison Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0024 42 Harrison Ave S Elizabeth A Luoma 42 Harrison Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0026 50 Harrison Ave S John C Holman Elizabeth A Holman 50 Harrison Ave S Hopkins MN 55343 $2,500.00 19-117-2134 0038 17 Van Buren Ave S Daniel K Johnson Celeste C Johnson 17 Van Buren Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0044 26 Van Buren Ave S Christopher H Clark 26 Van Buren Ave S Hopkins MN 55343 $2,500.00 19-117-2134 0045 30 Van Buren Ave S Ryan T Pope Andrea S Pope 3720 Balsam Ln N Plymouth MN 55441 $2,500.00 19-117-2134 0046 34 Van Buren Ave S Kenneth B Parsley Carrie M Parsley 34 Van Buren Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0047 38 Van Buren Ave S Wendy Sue Irwin 38 Van Buren Ave S Hopkins MN 55343 $2,500.00 19-117-2134 0050 50 Van Buren Ave S Barbara J Siewert 50 Van Buren Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0051 54 Van Buren Ave S Medardo E Rivas Doris Rivas 54 Van Buren Ave S Hopkins MN 55343 $2,500.00 19-117-2134 0053 57 Jackson Ave S Jason Prieve 57 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0055 49 Jackson Ave S Joshua Smith Jamee Leonard 49 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0056 45 Jackson Ave S Robert S Davies 45 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0058 37 Jackson Ave S David J Taber Kathleen Taber 37 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0063 17 Jackson Ave S Christine Y Dahlbloom 17 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0066 14 Jackson Ave S Jeffrey A Degreef Renee L Degreef 14 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0069 26 Jackson Ave S Carl G Lofgren Janis W Lofgren 26 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0070 30 Jackson Ave S Cody J Keskitalo Traci L Keskitalo 30 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0075 50 Jackson Ave S Michael R Martineu 50 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0076 54 Jackson Ave S Diana J Rouse 54 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0077 58 Jackson Ave S Thomas P Schommer 58 Jackson Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0089 102 Van Buren Ave S Heidi L Williams 102 Van Buren Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0090 106 Van Buren Ave S Frederick E Byron Jr Jodi A Byron 106 Van Buren Ave S Hopkins MN 55343 $2,500.00 19-117-2134 0092 114 Van Buren Ave S Robert Fisher Jessica Dunne 114 Van Buren Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0093 118 Van Buren Ave S Danilo J Skrogstad 118 Van Buren Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0095 126 Van Buren Ave S Scott E Klein 4605 Eastwood Cir Minnetonka MN 55345 $2,000.00 19-117-2134 0100 146 Van Buren Ave S Sheryl Martinson 146 Van Buren Ave S Hopkins MN 55343 $2,300.00 19-117-2134 0107 130 Harrison Ave S Melvin H Overdieck 130 Harrison Ave S Hopkins MN 55343 $2,400.00 19-117-2134 0117 113 Van Buren Ave S Stephen M Seward 113 Van Buren Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0126 137 Harrison Ave S Judith A Miller 137 Harrison Ave S Hopkins MN 55343 $2,200.00 19-117-2134 0137 125 Van Buren Ave S Mary T Hamdorf 125 Van Buren Ave S Hopkins MN 55343 $2,000.00 19-117-2134 0138 14 Van Buren Ave S Mark J Williams 432 Arnaz Dr #8 Los Angeles CA 90048 $2,000.00 19-117-2134 0145 142 Harrison Ave S Melissa Machkhashvili Mamuka Machkhashvili 142 Harrison Ave S Hopkins MN 55343 $2,400.00 TOTAL $72,300.00