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HomeMy WebLinkAbout05-06-1997 Council PacketI 1 NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT ASSESSMENT HEARING TUESDAY, MAY 6,1997 7:00 P.M. ORONO COUNCIL CHAMBERS AGENDA ^AY g 1. 2. 3. 4. 5. 6. Mayor Opens the Hearing c/rvo 1997 Summary of Project Need Summary of Project Design Summary of Project Benefit Summary of Assessment Financing Public Comment 7. Closing of Hearing 8. Council Consideration of Adoption of Assessment Resolution 9. Adjournment r Public Attendance Meeting D ate C ouncil Planning C ommission □Park C ommission . ® Other Asajes^MeuT UeKEiVAC. Please fill out the information REQUESTED BELOW FOR OUR CITY RECORDS. V\crerrvA L^tie CooKrrei duo'B NAME (please print) iDii&QlT" ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. 2. 3.' 4. 5. 6. 1 l7^/fO/r9 /?l/' L-C\w€- (2h«clC I L-^icc j/^l \Jj. 14. 15._ 091)95.4 REQUEST FOR COUNCIL ACTION DATE: May 2,19976' ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Assessment Hearing - North Long Lake/Long Lake Country Club Sewer Project Attachments: A - Sample assessment notice packet as mailed to each owner B - Assessment Roll C - Letter mailed to Dr. Maresh and to George Johnson D - Bid Summary (4/28/97 Letter from Tom Kellogg/Bonestroo) E - Assessment Hearing Agenda Background The planning and approval process for the North Long Lake/Long Lake Country Club sewer project has ^en ongoing for approximately 2 -3 years. The process began when the North Long Lake area was determined to be the top priority among the city's ten sewer hot spot areas, due to the number of failing and nonconforming septic systems and the number of properties without alternate septic sites. The process has included preliminary design and feasibility study, neighborhood meetings, final design, a public hearing, obtaining bids, developing a proposed assessment roll, and providing notification to property owners regarding their proposed assessment amounts and the assessment hearing. Assessment Hearing The purpose of the assessment hearing is to obtain input from affected property owners regarding the proposed assessment amounts. The agenda for the assessment hearing is as follows: 1. Mayor opens the hearing 2. 3. 4. 5. Summary of project need Summary of project design Summary of project benefit Summary of assessment financing e 6.Public comment Request for Council Action continued page 2 of 3 March 19,1997 Item 7. Closing of hearing 8. Council consideration of adoption of assessment resolution 9. Adjournment Assessment Roll The proposed assessment roll reflects all properties in the project area paying the same assessment amount. The assessment amount is $ 13,950. In addition, the Maresh property located west of North Brown Road is to be assessed $19,083 due to the greater identified benefit to the property. The paving of Dakota Avenue has been included in the total cost assessed to all properties. Determination of Benefit The assessment roll was based on the estimated amount of benefit generally received by the properties in the project. The determination of benefit was based on a number of factors including the following: 1. The cost of sewer versus the cost of a new septic system. 2.The cost of sewer versus a holding tank. Over a 15 year period (the period over which the assessment is to be paid), ‘.he cost of a holding tank would be at least 2 times the cost of the sewer assessment. 3.The project involves the reconstruction of the local streets along with the sewer installation. This is a substantial benefit beyond the benefit specific to the sewer. In addition there are other factors more difficult to quantify but which do reflect significant benefit. These include the ability to expand a house with sewer available versus septic, and the improved marketability of a house with sewer versus a septic system. Project Financing and Payment of Assessments The total project cost, based on the recently completed bid process, is expected to be $956,300. The project will be financed through the issuance of special assessment bonds. These bonds will be repaid over a 15 year period. The majority of the revenues used to repay the bonds will come from the special assessments. The remainder will be tax levy revenue. The assessments will be payable over a 15 year period. The interest rate will be 7 to 8%. The first payments will occur with taxes payable in 1998 (May and October). The initial payments will be larger than normal because they will include interest for 3 montlis in 1997 in addition to the interest Request for Council Action continued page 3 of 3 March 19,1997 Item for the 12 months of 1998. A spread sheet showing a projected payment schedule based on an 8% interest rate is attached. Objections and appeals If a property owner wishes to appeal the assessment amount, the property owner must first submit to the city a signed statement of objection to the assessment including the property address and property identification number. This objection must be submitted at the assessment hearing. The property owner must then initiate an appeal with the District Court within 30 days of the final order of the city adopting the assessment roll. Cost for Appeals and Easements The assessment amounts were set substantially lower than the full actual project costs to reflect the amount of benefit to the properties in an effort to avoid the expense of the appeal process-both for the city and the property owners. Tax dollars are better spent on costs directly related to the sewer project to reduce costs to the property owners rather than on legal expenses related to appeals. Just as the city is assisting in bringing sewer to the area by reducing costs to the property owners, project costs could be minimized if the property owners provide the easements needed for the project at no cost to the city. Resolution to Adopt the Assessment Roll A resolution adopting the proposed assessment roll is attached for Council adoption. COUNCIL ACTION REQUESTED: Motion to adopt a resolution approving the assessment roll for the North Long Lake/Long Lake Country Club sewer project. 1 GITYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 GENERAL INFORMATION NORTH LONG LAKE / LONG LAKE COUNTRY CLUB SEWER The estimated cost of the North Long Lake / Long Lake Country Club sewer improvement is $1,049,555. The estimated cost per unit (55 total units) is $19,083 per unit. To ensure the amount of the assessment does not exceed the actual benefit to an individual property, the City Council has determined that the City will reduce the unit assessment (for those properties within the defined MUSA boundary and certain others) to $13,950 per unit. This represents a City contribution of $5,133 per unit, or approximately $282,300. In establishing this level of City contribution, the Council based its decision on a number of factors including: 1.The average home within either neighborhood is benefited to the extent of approximately $10,000 by avoiding the cost of constructing a new mound-type sewage treatment system, which would be required on many properties if mumcipal sewer is not provided. 2.The average home is fuither benefitted by the ability to use land currently devoted to septic system uses, for other purposes such as accessory buildings, driveways, etc. 3.Many homes which would otherwise be forced to replace non-conforming septic • systems with holding tanks, are substantially benefitted by avoiding the cost of holding tank installation and maintenance. Annual holding tank maintenance costs for a family of three may range from $3,000-$5,000 per year or more. 4.Municipal sewer provides a long-term solution eliminating the need to deal with septic system failures and system replacement. 5.The potential for groundwater and surfacewater contamination caused by failing or non-conforminf eptic systems is eliminated. Telephone (612) 473-7357 • FAX 4734)510 pie assessment notice indicates an interest rate of 8%, with the ai>sessment payable in 15 annual installments. The City anticipates that the actual interest rate charged will be somewhat lower, perhap pound 7% depending on the rate at which the bonds for the project are sold. The following table indicates your approximate annual payment at an interest rate of 8%: Annual Annual Total Equivalent Principal Interest Annual Monthly Pavment Pavment Pavment Pavment Year 1 $930 $1,395*$2,325 $194 Year 2 930 1,042 1,972 164 Years 930 967 1,897 158 Year 4 930 893 1,823 152 Year 5 930 818 1,748 146 Year 6 930 744 1,674 140 Year 7 930 670 1,600 133 Year 8 930 595 1,525 127 Year 9 930 521 1,451 121 Year 10 930 446 1,376 115 Year 11 930 372 1,302 109 Year 12 930 298 1,228 102 Year 13 930 223 1,153 96 Year 14 930 149 1,079 90 Year 15 930 $13,950 74 $9,207 1.004 $23,157 84 ♦First year interest period is estimated from 10/1/97 to 12/31/98. Additional up-front costs which will be incurred by the property owner include the following: 1. Metropolitan Council Sewer Availability Charge (SAC): S950 for 1997, subject to typical annual increase of $50, payable to City at time of connection. 2. Connection costs: Property owner must hire a contractor to make the connection from your residence to the sewer stub provided at your property line. This cost can vary considerably depending on the nature of the connection (i.e. length, depth, whether plumbing re-routing in basement is required, etc.) but may range from $1,000 to $5,000. 3. City connection permit: $35.50 Upon connection, the property owner will no longer be charged the annual $50 septic system service charge, but will begin paying a quarterly Municipal Sewer Charge, currently $74.50/quarter. The City code allows up to 16 months to connect, from the date service becomes available. Properties wth failing septic systems will be required to connect as soon as service is available. CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ______ A RESOLUTION ADOPTING THE NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SANITARY SEWER ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of sanitary sewer in the North Long Lake/Long Lake Couittry Club area. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota: 1.Such proposed assessment, 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 benefitted 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 15 years, the first of the installments to be payable on or before the first Monday in January 1998 and shall bear interest at the rate of 8% 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 the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may, at anytime thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Partial prepayment may be allowed in accordance with ordinances which are existing or which the City may choose to adopt in the future. Page 1 of 2 _____________ m CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ____ 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Orono this 6th day of May, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk Page 2 of 2 SPECIAL ASSESSMENT CERTIFICATION ROLL Project No. Resolution No. _Project Name North Lone Lake/Long Lake Country Club Sanitary Sewer Date Mnv6.1997 Resolution Date__________Municipal Code No. _________________Levy No.___________ Preoared Bv MPG ____Sheet_1 of__5________ P.l.D. No.Lot Bl. Addition Units Assmt. Rate Name Address 26-118-23 33 0001 M&B dcscr. Sec. 26 1 $13,950 Anita L. Gardner 1486 Long Lake Blvd. Long Lake. MN 55356 26-118-23 33 0002 3.4 Albee's Long Lake Addition 1 $13,950 Troy & Catherine Anderson 1490 Long Lake Blvd. Long Lake, MN 55356 26-118-23 33 0004 5 Albee’s Long Lake Addition I $13,950 Cindy Fredrickson 1516 Long Lake Blvd. Long Lake, MN 55356 26-118-23 33 0005 6 Albee's Long Lake Additioi; 1 $13,950 Raymond Gordon Johnson 1520 Long Lake Blvd. Long Lake, MN 55356 26-118-23 33 U006 7 Albee's Long Lake Addition 1 $13,950 Grant D. Eggenberg 1530 Long Lake Blvd. Long Lake, MN 55356 26-118-23 33 0007 8.9 Albee's Long Lake Addition 1 $13,950 Robin E. Crawford 1540 Long Lake Blvd. Long Lake, MN 55356 26-118-23 33 0008 9.10 Albee's Long Lake Addition 1 $13,950 Charles E. & Helen F. Truman 1570 Long Lake Blvd. Long Lake, MN 55356 26-118-23 33 0011 13,14. 15.16 Albee's Long Lake Addition 1 $13,950 Edna H. Albec Estate (1575 Long Lake Blvd) c/o Nancy A. Gawron PR 920 Dakota Ave. Long Lake, MN 55356 26-118-23 33 0012 16.17, 18 Albee's Long Lake Addition 1 $13,950 James & Cynthia Bigham 1545 Long Lake Blvd. Long Lake, MN 55356 26-118-23 33 0014 19 Albee's Long Lake Addition 1 $13,950 Bernice M. Zumbusch 1535 Long Lake Blvd. Long Lake. MN 55356 26-118-23 33 0016 1 Johnston's Reargmt of Albee's LL Add 1 $13,950 Gerald P. & Karla M. Amc 940 Dakota Avenue Long Lake, MN 55356 SPECIAL ASSESSMENT CERTIFICATION ROLLProject No.___ Resolution No., Interest Rate__ Project Name North Lone Lake/Lone Lake Country Club Sanitary Sewer Date May 6. 1997 __^Resolution Date___________Municipal Code No.__________________Levy No._______ ___________________________^Prepared Bv MPG____________Sheet 2 of___5 f- U'' 26-118-23 33 0017 2 Johnston's Reargmt of Albcc's J.L Add 1 $13,950 Lcch & Nancy Gawron 920 Dakota Avenue Long Lake, MN 55356 26-118-23 33 0018 3 Johnston's Reargmt of A! bee's LL Add 1 $13,950 David & Lorraine Lundberg 900 Dakota Avenue Long Lake, MN 55356 26-118-23 33 0019 4 Johnston's Reargmt of Albec's LL Add 1 $13,950 TJ. Harrison & J.M. Albaugh 880 Dakota Avenue Long Lake, MN 55356 26-118-23 33 0020 5 Johnston's Reargmt of Albee's LL Add 1 $13,950 J. M. Benway & K. J. Gasner 884 Dakota Avenue Long Lake, MN 55356 26-118-23 33 0021 6 •Johnston's Reargmt of Albcc's LL Add I $13,950 Richard T. & Lillian R. Freres 888 Dakota Avenue Long Lake, MN 55356 26-118-23 33 0022 7 Johnston's Reargmt of Albcc's LL Add 1 $13,950 Scott R. & Julie A. Knutson 908 Dakota Avenue Long Lake, MN 55356 26-118-23 33 0023 < 8 Johnston's Reargmt of Albee’s LL Add 1 $13,950 Thomas A. & Kari A. Steinke 910 Dakota Avenue Long Lake, MN'55356 26-118-23 33 0024 9 Johnston s Reargmt of Albec’s LL Add 1 $13,950 Thomas C. Odean 930 Dakota Avenue Long Lake, MN 55356 26-118-23 33 0025 10,11 Johnston's Reargmt of Albec's LL Add 1 $13,950 G. A. Olcn 950 Dakota Avenue Long Lake, MN 55356 26-118-23 33 0026 12 Johnston's Reargmt of Albcc's LL Add 1 $l ’3,950 Richard K. Engman 1590 Long Lake Blvd. Long Lake, MN 55356 26-117-23 33 0027 Tr.A R.L.S. 934 1 $13,950 K.R. Vanden Brandcn 1480 Long Lake Blvd. Long Lake, MN 55356 SPECIAL ASSESSMENT CERTIFICATION ROLLProject No.__Resolution No,, interest Rate Project Name North Lone Lake/Long Lake Country Club Sanitary Sewer Date May 6.1997_ResoIution Date__________Municipal Code No.________________^Levy No.________________________________Prepared Bv MPG___________Sheet 3 of___526-118-23 33 003C 12 Albce's Long Lake Addition 1 $13,950 Ardis J. Severtson •1586 Long Lake Blvd. Long Lake, MN 5535626-118-23 33 0031 11,12 A1 bee's Long Lake Addition 1 $13,950 Roger W. Carlson 1580 Long Lake Blvd. Long Lake, MN 55356 26-118-23 33 0032 Pt. of Loti Albce's Long Lake Addition 1 $13,950 C.J. Blatchly & M.A. Pullman 1600 Long Lake Blvd. Long Lake, MN 55356 26-118-23 33 0033 Pt. of Lot 2 Albce's Long Lake Addition 1 $13,950 Scott B. Morrison 14510 12th Avc.N. Plymouth, MN 55447 35-118-23 22 0001 M&B See. 35 1 $13,950 Kurtis A. Grecnlcy 1485 Long Lake Blvd. Long Lake, MN 55356 35-118-23 22 0002 20,21 Albce's Long Lake Addition 1 $13,950 L.W. Capron & Marie Wendt 17505 Old Rockford Rd. Plymouth, MN 55446 35-118-23 22 0003 21,22 Albce's Long Lake Addition 1 $13,950 Thomas W. Cashman 1509 Long Lake Blvd. Long Lake, MN 55356 35-118-23 22 0004 23 Aibee's Long Lake Addition 1 $13,950 James D. Weyhe 1505 Long Lake Blvd. Long Lake, MN 55356 35-118-23 22 0005 Tr. A R.L.S. 1370 1 $13,950 Donald W. Lund 1465 Long Lake Blvd. Long Lake, MN 55356 k ' k* ■ SPECIAL ASSESSMENT CERTIFICATION ROLLProject No..Resolution No..Project Name North Lone Lakc/Lone Lake Country Club Sani:arv Sewer Date May 6, 1997. __Resolution Date__________Municipal Code No._________________^Levy No.______ Prepared Bv MPG Sheet 4 of P.l.D. No.Lot BI.Addition Units Assmt. Rate Name Address 27-118-23 31 0019 1 1 Evergreen Ridge 1 $19,083 John R. & Diane J. Maresh 2085 County Road 6 Long Lake, MN 55356 27-118-23 34 0002 M&B See. 27 1 $13,950 Thomas W. Lane 915 Brown RoadN. Long Lake, MN 55356 27-118-23 34 0004 M&B Sec. 27 1 $13,950 George Johnson 879 Brown Road N. Long Lake, MN 55356 27-118-23 34 0005 M&B See. 27 1 $13,950 Steven G. Gray 819 Brown RoadN. Long Lake, MN 55356 27-118-23 42 0005 M&B Sec. 27 1 $13,950 Joseph R. Lucas 1060 Brown Road N. Long Lake, MN 55356 27-118-23 42 0006 1 1 Long Lake Country Club Addition 1 $13,950 Evelyn E. Volby 1960 Lakeview Terrace Long Lake, MN 55356 27-118-23 42 0008 3 1 Long Lake Country Club Addition 1 $13,950 R.J. & D. Koscioick 1900 Lakeview Terrace Long Lake, MN 55356 27-118-23 42 0009 4 1 Long Lake Country Club Addition 1 $13,950 David & Barbara J. Lohman 1860 Lakeview Terrace Long Lake, MN 55356 27-118-23 42 0010 5 1 Long Lake Country Club Addition 1 $13,950 William Z. & Lisa J. Mcmik 1840 Lakeview Terrace Long Lake, MN 55356 27-118-23 42 0011 6 1 Long Lake Country Club Addition I $13,950 Lo.Taine Owings 1830 Lakeview Terrace Long Lake, MN 55356 27-118-23 42 0012 7 1 Long Lake Country Club Addition 1 $13,950 Merrill B. Swanson 1820 Lakeview Terraee Long Lake, MN 55356 27-118-23 42 0013 1 2 Long Lake Country Club Addition I $13,950 Harold F. Bower 1080 Brown Read N. Long Lake, MN 55356 i i i SPECIAL ASSESSMENT CERTIFICATION ROLLProject No..Project Name North Long Lake/Long Lake Country Club Sanitary Sewer Date Mav6.1997 Resolution No.. Interest Rate Resolution Date .Municipal Code No..Levy No.__ Sheet 5 of P.I.D. No.Lot ni.Addition Units Assmt. Rate Name Address 27-118-23 42 0015 3 2 Long Lake Country 1 $13,950 Karl R. &1865 Lakeview Terrace Club Addition Sherrilyn D. Askc Long Lake, MN 55356 27-118-23 42 0016 4 2 Long Lake Country 1 $13,950 Janet Aske 1845 Lakeview Terrace Club Addition Long Lake, MN 55356 27-118-23 42 0017 5 2 Long Lake Country 1 $13,950 Keith D. &1920 Country Club Rd. Club Addition Deborah M. Carlsten Long Lake, MN 55356 27-118-23 42 0018 6 2 Long Lake Country 1 $13,950 Marvin J. W. Smith 1940 Country Club Rd. Club Addition Long Lake, MN 55356 27-118-23 42 0019 1 3 Long Lake Country 1 $13,950 Melanie Rose &1020 Brown Road N. Club Addition Dennis Kirby Long Lake, MN 55356 27-118-23 42 0020 2 3 Long Lake Country 1 $13,950 Patricia A. (Mondale)1965 Country Club Rd. Club Addition Connor Long Lake, MN 55356 27-118-23 43 0002 3 3 Long Lake Country 1 $13,950 Glenn G. & Lois E.1925 Country Club Rd. Club Addition Fredeen Long Lake, MN 55356 27-118-23 43 0003 4 3 Long Lake Country 1 $13,950 John L. Sundean 1803 Lakeview Terrace Club Addition Long Lake, MN 55356 27-118-23 43 0004 5 3 Long Lake Country 1 $13,950 Dennis C. Theis &1801 Lakeview Terrace Club Addition Ann I. Fromell-Theis Long Lake, MN 55356 27-118-23 43 0005 1 4 Long Lake Country 1 $13,950 Charles D. Dollar 1810 Lakeview Terrace Club Addition Long Lake, MN 55356 27-118-23 43 0006 2 4 Long Lake Country 1 $13,950 Grant C. &1802 Lakeview Terrace Club Addition Patricia A. Andreason Long Lake, MN 55356 27-118-23 43 0007 3 4 Long Lake Country I $13,950 David L. &1800 Lakeview Terrace Club Addition Christine L. Gorder Long Lake, MN 55356 ij GITYof ORONO Municipal Offices Streat Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 George Johnson 879 Brown Road North Long Lake, Minnesota 55356 Dear Mr. Johnson: In response to your request that your property be included in the proposed North Long Lake/Long Lake Country Club sewer project, the City Council has indicated that your property may be conditionally included. The conditions of your inclusion are as follows: 1. 2. You must legally combine your homestead lot with your secondary lot. It has been the city's policy that providing sewer to an area will not increase the allowed density. The combined acreage of your two parcels is 3.66 acres, which does not meet the 2 acre density guidelines for this area of the city. Also, without sewer it would be necessary to combine your two parcels to provide a site for replacement of your current septic system. Based on these factors, the City Council has determined sewer scr\dcc will be provided only if your homestead lot is combined with your secondary adjacent lot. Your property will be assessed at the reduced assessment amount of $13,950 which is the level established for the majority of properties within the sewer project area. If you have questions regarding the conditions of your inclusion in the sew’er project, please call me. Sincerely, Ronald J. Moorse City Administrator Telephone (612) 473-7357 • FAX 473-0510 GlTYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 April 18,1997 Dr. John Maresh 2085 Sixth Avenue North Long Lake, MN 55356 Re: Municipal Sewer Dear Dr. Maresh: In response to your request that your property be included in the proposed North Long Lake/Long Lake Country Club sewer project, the City Council has indicated to staff that your property may be conditionally included. The conditions on your inclusion are as follows: 1.You must legally combine your homestead lot with the lot that abuts Brown Road. Your homestead property as it currently exists does not meet the 'adjacency' criterion established by the City based on Met Council requirements for sewering of properties outside the MUSA boundary. The Met Council allowed the City up to 50 connections for existing homes outside the MUSA line. Because your homestead lot is separated from the proposed sewer line by your vacant lot, the property you wish to serve is not adjacent to the sewer. The most likely way of creating such adjacency is by combining your two lots. 2. Your property will be assessed at the full rate of $19,083. Please contact me or City Administrator Ron Moorse at 473-7357 if you have any questions. Asst. Planning & Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 j ^ J Bonestroo Rosene ■ Anderlik & |\J I Associates Engineers & Architects Bonestroo, Rosene. AnderUk and Associates. Inc. is an Affirmative Action, Equal Opportunity Employer Principals' Otto G. Bonestroo. RE • Joseph C. Anderlik. PE. • Marvin L. Sorv.i»a. PE • Richard E Turner. PE. • Glenn R Cook. RE • Thomas E. Noyes. PE • Robert G Schunicht. PE • Jerry A Bourdon. PE • Robert W Rosene. PE and Susan M Eberlm. C PA Senior Consultants Associate Principals Howard A Sanford. PE • Keith A. Gordon. PE. • Robert R. Pfeffcrie. RE. • Richard W Foster. PE. • David O Loskoia. PE • Robert C Russek. AI A. • Mark A. Hansen. PE • Michael T Rautmann. PE • Ted K Field. PE • Kennein P Anderson. PE. • Mark R. Rolfs. PE • Sidney R Williamson. PE,. L S. • Robert F. Kotsmith Offices St Paul. Rochester, Wiilmar and St Cloud. MN • Mcquon. Wl April 28. 1997 Mr. Ron Moorse City of Orono PO Box 66 Crystal Bay MN 55323-0066 RECEIVED APR 3 01997 CITY OF ORONO Ke:NLL/LLCC Sanitary Sewer and Orono Ice Arena Sewer and Water Service File No. 13988 Dear Ron. We have reviewed the bid tabulation for the low bidder (Barbarossa and Sons, Inc.) on the above-mentioned project. The following summary table is presented to enable comparisons between the Feasibility Report and the low bid amount and for assessment purposes. North Long Lake / Long Lake Country Club Sanitary Sewer Estimate Bid .No. Units Proposed A Trunk Costs 414.157 212,951 54 $3944 Lateral Costs 635.398 726.797 54 13,459 Total 1,049,555 939,748 $17,403 Alternate 1 16.552 1 $20,496 Total 956,300 Orono Ice Arena Sewer and Water Main Estimate Bid Sanitary 63,107 33,802 Water 39,888 29.923 Total 102.995 63,725 Both the estimate and bid totals include a 5% contingency, 159t allowance for design, inspection, legal and administrative costs, and a 5% allowance for capitalized interest and bonding costs during construction. Alternate 1 is for labor and materials to extend sanitary service to the Maresh property. The proposed assessment for Maresh includes the Trunk Fee. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. /arr/ Tom Kellogg Cc: Greg Gappa 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-4600 NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT ASSESSMENT HEARING TUESDAY, MAY 6,1997 7:00 P.M. ORONO COUNCIL CHAMBERS AGENDA 1. 2. 3. 4. 5. 6. Mayor Opens the Hearing Summary of Project Need Summary of Project Design Summary of Project Benefit Summary of Assessment Financing Public Comment 7. Closing of Hearing 8, Council Consideration of Adoption of Assessment Resolution 9. Adjournment Cljy OF ORONO NOTICE OF HEARING ON PROPOSED ASSESSMENT Notice IS hereby given ma: the C'ty Counol will hold ’ hearing on Tuesday. May 6. 1997 at 7:00 p.m m the Orono Council Chambers, 2780 KeHey Parkway to consider a''d pass upon the proposed assessment for me North Long Lake Long Lake Country Club sanitary sewer trunk and lateral improvement. The following is me area proposed to be assessed A "North Long La^e’area 1. Those pa'ts of Lots i and 2. Atbee s Long Lake Addiion ly ng Nom o' me NO'in Line of Johnston s Rea*rar'ge'"‘ent o^ A see's Long Lake Acd<l on 2 Lots 1 thfj i2 inc'usive. Johnston's Rearrangement o* A'oee's Lo^'g Leke Acciion. 3 Lots 3 thru 23 mctus ve. A’bee's Long 1.1*0 Addit on irc'wd ng vacated r.ghts of- wiy 4 Tract A. Registered Lar^d Survey No 934 5 Tract A. Reg stered Land Survey No 1379 6 That part of the east 110 feet of me west 785 feet of me Southwest Quarter of Section 26. Township il8 North. Range 23 West lying soum of the westerly extension of me North line of Lot 2. Auditor 's Subdivs on No 291 and north of the south 190 feet thereof, also the east 60 fee: of the west 735 feet of the north i5 feet of me south 190 feet of said Southwest Quarter 7. The east 60 feet of the west 735 feet of the south 175 feet of me Southwest Quarter of SeCi nn 26 Township 118 North. Range 23 West 8. Commenong at U'e intersection of the North line of Governmen Lot 1. Section 35. Township 118 North. Ran je 23 West and me East line of Aioee’s Lcng Lake Addition thence south along sad E.ist line to the shore of Long Lake, thence sc utheasterly along sad shore to an intersection with a line parallel with and 140 feet f ast from the East line of Registered Land Purvey No 934 thence northwesterly along sad Southerly line 10 the North line of Gcverrment Lot 1 thence west to me point of heginrung • B long Lake County Ciub“ area 1 The fo'iowmg Lots m Long Lake Country Club Addition Lots 1 thru 7 inclusive. B-OC<x 1 Lots 1 thru 6 inclusive. Block 2 Lots 1 thru 5 ir'dus ve B'ock 3 Lots 1 thru 3 rciuS ve. B OCk 4 2 The no'tn 200 feet of me south 1752 04 feet of me west 430 feet of the Soumeast Quarter. Section 27. Township 118 North. Range 23 West 3 Lots 1 and 2. Evergreen R,dge 4 The north 235 25 feet o^ me south 838 feet of the east 990 feet of me Southeast Quarter. Sect or* 27. Towr'snip 118 North. Range 23 West. 5 The north i98 feet of the soum 602.75 feet of the east 253 feet of the Southeast Quarter of «he Southwest Quarter. Section 27. Township 118 North. Range 23 West Affidavit of Publication Stale of Minnesota, County of Hennepift^ feet Quarter of Secuon 27 Rang? 23 West Bill Holm, being duly sworn on that :er ot Secuon 27. Township 118 North, an authorized aoent and emolovee of the mibiichpr ^ 'ihe proposed assessment roll is on file an authorized agent and employee of the publisher ^ of the newspaper known as ThlS^ER, Sot!( me pruposea asbessmem lun la wn •"» 4 , # n • fc public inspection at the City Clerk's office ^inri6S0l3, Eind nSS (ull kflOWlSClQS^^K^B (3 me total amount of the proposed assessment is $787,782 Written or oral objections Will be considered at the meeting. No appeal may bo taken as to me amount of an assessment unless a r hich are stated below: 9 dniuuiu I o»,«»on.. 1.1.9 ».m ih. ciS wl,»'"™ '■) newspaper has complied with all Ihe equlremems constituting qualilicalions as a newspaper, as provided by Minnesota adiourned meeting uDor. such further nonce Statute 331 A.02, 331A.07, and Other aoDlicable to the af'ected prooerty owners as it deems aCv saDd JWS, 3S 3mGnu6u. I* an assessment is contested or there is 5.) The printed-----Prcnnsed 1 The City will present its case first by calling witnesses who may testify by narrauve or by examination, and by me introduction of exhibits After each witness has testified, the contesting party will be allowed to ask questions This procedure will be reoeated With each witness until neither sioe has further questions 2 After me City has presented all ns ev'Oence ’ne objector may call witnesses or present sucn test-mony as the objector desires The same procedure for questioning of the City's witnesses will be followed with me ob;ector's witnesses 3 The oD,ec!or may be represented by counsel 4 Minnesota rules of evidence will not be strictly applied, however, they may be considered and argued to the Cour'C'l as to the we ght of lems of e. donee or testimony presented to the Council 5 The enbre proceeo.ngs w.ii oe tape- recorded 6 At me dose of presentation of evidence, the ojecior may make a final presentation to the Cour^cil based on the evidence and me law No new evidence may be presented at this pomi An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 42908iby serving not'ce of the appeal upon the Mayor or City C'erk wilhm 30 days after the adoption of the assessment and filing such notice with me district court Within ten days after service upon the Mayor or City Clerk Hearing vhich is attached was cut from the columns of said lewspaper, and was printed and published once lach week for__2 successive weeks: It was first published Monday, the 19 daynf April______ IQ 97 and was thereafter printed and published every Monday, to and including Monday, the—26 — (Jayof April______1 g 97 ; 7 iUthorized Agent lubscribed and sworn to me on this Owners of homestead property who are 65 years or older may apply for a deferment of me special assessment i» they meet ihe 2 6 CJ3V Of__AELti-l criteria set forth in City Council Resolut on 92864 By Order of the C*ry Counol Dorothy M. Halim . City Clerk /• ,i9az (Published m The Laker and Pioneer April 19 and Apni 26. 1997) -.............. Nulai y ja yblic I'miSTl HOLM NO - * ^UBUC-IMC30TA MV COMM EXPIRES 1^4000 Rate Informaiidh (1) Lowest classified rale paid by commercial users lor comparable space: $12.20 per irKh. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rale actually charged lor above matter: $7.00 per inch. Each additional successive week: $5.05. J • I i I ; ' • - • CITY OF ORONO COMPREHENSIVE PLAN AMENDMENT #6 n. Analysis of need A. Existing Septic Systems Inventory and Analysis Overview of the Problem Of approximately 1,1 JO septic systems in Orono, 75% make use of drainfield trenches or beds ranging in depth from 1' to 3' below the natural ground surface. Based on localized testing and review of the soil survey, it is estimated that from one-half to two thirds of these systems do not meet the required 3' separation from seasonal zones of saturation. By defuiition, these systems are nonconforming according to current state and local codes, and must be upgraded. In most cases, upgrading will require replacement of a trench or bed system with a mound system at a cost of approximately $8,000 to $10,000 per unit. This cost of replacing septic systems approaches the cost of installing municipal sewer in Orono. When faced with the prospect of wholesale septic system replacement, the City chose to place a moratorium on system replacement and study whether sewer installation is more appropriate than system upgrades for specific areas or neighborhoods. City staff subsequently Identified ten existing residential neighborhoods of high density or close proximity to lakeshore. These areas were analyzed to determine whether they have the capability of repairing/replacing septic systems. Current system conditions were analyzed, and cost estimates for municipal sewer were developed. None of these ten areas are currently within the MUSA. Six of ten were originally identified in Orono’s 1980 Comprehensive Plan as "Rural Housing Clusters" developed at densities greater than the 1-per 2 acre standard. It was noted in the 1980 plan that these neighborhoods were not at that time experiencing septic problems but would be monitored. While the incidence of failure has not increased in these neighborhoods, new definitions of "non-conforming systems" and the requirement to upgrade such systems has become a serious concern. "Nonconforming" Versus "Failing" Systems. In 1989, MPCA Rules Chapter 7080 were revised to include in the definition of nonconforming systems, "systems with less than 3' of unsaturated soil or. sand between the distribution device and the limiting soil characteristics". This regulation defines limiting soil characteristics as "those soil characteristics which preclude the installation of a standard system, including evidence of water toble". Water table is defined as "the highest elevation m the soil where all voids are filled with water, as evidenced by presence of water or soil mottling or other information". In the State of Minnesota, soil mottling has become the key factor in determining the highest level of seasonal saturation in the soil. In Orono's loam and clay loam soils, soil mottling and seasonal saturation are commonly found from 2' to 5' below the ground surface. In order to meet the 3' separation requirement, a majority of new septic systems are mounds, which maintain the 3' separation. The use of soil mottling for determining seasonal saturation is subjective at best, but is the only practical method identified by the State for determining seasonal saturation. However, in some years samration may not occur at the mottling level, and in other years saturation may occur at the mottling level for only a few days, weeks or months in a given year. The State has taken the position that even though the system might be too close to the water table for a short period during any given year, that system is not conforming. Very few septic systems in Orono are failing at any given time, perhaps 3-5% or 1 in 25. However, as many as 500-600 of the 1150 existing systems are estimated as fitting the definition of "non-conforming". While these may treat sewage quite adequately most of the time, during some periods they may not. Evaluation Methods. Each neighborhood was evaluated in terms of soil and water conditions, proximity to lakeshore or other water bodies, and lot sizes. Within each neighborhood, individual systems were analyzed to determine system type (trench, mound, bed or cesspool), system condition (working, marginal or failing), conformity with 3' separation requirement (conforming or nonconforming), whether the system is in the designated "Shoreland" district, and whether or not an alternate drainfield site is available. Note that in analyzing system conditions, systems exhibiting no surface discharge and generally in working order were considered as "working"; systems obviously discharging to the surface were considered as "failing"; and systems with a drainfield area samrated but not dischargmg were considered as "marginal". It is, therefore, possible and quite conunon to have a system that is working but is still non-conforming. SUMMARY OF SYSTEMS BY NEIGHBORHOOD A NEIGHPORHOOD OR SITE DESIGNATION Existing HomesVacant Lots•TrenchMoundBedCesspoolWorkingMarginalFailingConformingNon-ConformingConformity not DeterminedNet Dry Area in Lots • • (ac)Avg. Lot Size (ac)Gross ac in area inci roads, wetlands% of all w/no alternate sites available% of ail non-conf/marg/fail w/no alt site available% of Lots in ShorelandLong Lake C. C.20 0 17 3 0 0 19 0 1 4 16 0 21.2 1.06 28.9 30%10% Webber Hills 37 0 31 5 1 0 34 2 1 9 16 12*39.9 1.08 57.7 32%62% East Long Lake 10 0 8 1 1 0 7 1 2 3 6 1 19.3 1.75 24.1 20%90% Edgewood Hills 8 2 7 0 1 0 6 0 2 1 0 7 18.8 1.88 20.0 25% 0% r North Long Lake 30 1 17 3 9 1 23 5 2 8 21 !•22.7 0.73 26.1 77%100% Bayridge/Hartwood 16 0 15 1 0 0 15 0 1 7 9 0 24.5 1.53 34.8 13% 100% Orono Orchards 23 0 21 1 1 0 15 2 6 6 6 11 28.4 1.23 42.8 52%0% Fox Ridge 9 0 7 0 2 0 7 2 0 3 0 6 11.1 1.23 17.4 33% 33% Foxhill 22 1 17 2 3 0 21 1 0 14 8 0 32.7 1.42 52.8 9% 100% Brackett's Pt 14 0 11 2 0 1 14 0 0 7 7 0 33.8 2.6 35.1 29%100% TOTALS 189 4 151 18 18 2 161 13 15 62 89 38 252.4 1.31 340.7 36%18%62% 80%85%47% •68 of 189 34 of 189 119 of 193 Dillman Site 1 0 1 0 0 0 1 0 0 0 0 1 2.0 2.0 2.0 Orono Schools inci Hockey Site 54.0 —56.1 —mm 70% 308.4 398.5 * includes 'Alternative' Systems ••Excludes City-designated wetlands and road right-of-ways Tabic 2 Summary of Results/Priorilizatibn Evaluation of the accumulated data suggests that some neighborhoods are more critical than others in terms of ability to continue using septic systems on a long term basis. Further, the City Council has expressed a concern that the City is not in a position to assist in the funding of sewer projects to serve all ten neighborhoods at this time, but may be able to share in the cost if the projects are scheduled over a ten to twenty year period. As a result, each neighborhood was Tanked in order of priority as to the need for an alternative to septic systems. Each neighborhood was ranked on a scale from 1 to 5 (5 being the greatest need for sewer) in regards toi a) incidence of failing systems; b) magnitude of nonconformities; c) availability of future sites for all homes; d) availability of future sites for homes with failing systems; e) availability of future sites for homes with nonconforming systems; and f) shoreland impact. In that study, marginal and failing systems were both treated as failing systems. This analysis resulted in a numerical rating for each neighborhood, and neighbor­ hoods were then prioritized by ranking into areas of high, medium and low priority for installation of municipal sewer, as follows: HIGH PRIORITY North Long Lake Long Lake Country Club Addition Orono Orchards MEDIUM PRIORITY Fox Ridge East Long Lake Webber Hills LOW PRIORITY Bay Ridge Edgewood Hills Bracketts Point Fox Hill The City Council in November 1994 concluded that although the Long Lake Country Club Addition had a medium ranking, it was a link in bringing sewer to the highest priority area. North Long Lake, and therefore the North Long Lake/Long Lake Country Club area should be placed on a highest priority for sewer installation in the near future. The Council further concluded that Orono Orchards is a slightly lower priority, but sewer construction in that neighborhood would also appear to be prudent as soon as the North Long Lake/Long Lake Country Club project is complete. The remaining seven neighborhoods were not placed on a specific time frame for sewer. However, the City Council suggested if any of those neighborhoods petition for sewer and agree to pay the entire cost of installation, the City will proceed with those projects. The Council further directed that the necessary MUSA amendment application process be commenced so that if any of these neighborhoods request sewer, the City will be able to accommodate them. It should be noted that the average lot size within the areas to be included in the MUSA is 1.3 acres, as compared to an average lot size of 2 to 3 acres for all new residential development occurring in unsewered areas of Orono since 1975. Further, it should be noted that of 193 units proposed, only 4 units would be allocated to vacant lots. It haf been and continues to be the City's position that sewering these neighborhoods shall not result in provision of capacity for new development . B. Alternatives Considered 1. Identification of Alternatives - A number of alternatives to the continued use of standard on-site sewage treatment systems were considered, including installation of municipal sewers. The alternatives included: a. Demolition. Removal of homes that have neither acceptable on-site systems nor available alternate drainfield sites. b. "Alternative Systems" and "Experimental Systems" which might include: O Confo rming design/substandard capacity systems on lots with minimal space, using holding tanks as an overflow mode. O Surface discharge systems (home plants). O Aerobic tank systems with reduced capacity conforming drainfields. c. Holding tanks. d. STEP systems (Sewage Tank/Effluent Pump) - each home has a septic tank with effluent pump discharging to a shallow small diameter force-main leading to City sewer system. e. Neighborhood collector system with community drainfield. f. Enforced flow reductions (retro-fit v/ith low water use fixtures). 1 i 2. Analysis of Alternatives a. Demolition - High cost of acquisition is not affordable to City. - Negative impact on existing neighborhood. - With high percentage of homes in some areas not having alternate sites, entire neighborhood would be subject to demolition. - Removal of "every other house", for instance, does not likely yield suitable drainfield sites for those remaining. - In older neighborhoods, reduces already-limited stock of affordable housing. - For the above reasons, demolition of selected homes in an existing neighborhood is not considered as a viable alternative. b. "Altemative/Experimental" Systems i. Surface Discharge Systems - Typically a packaged home-use individual treatment plant. - Surface discharge not approved in Minnesota. - Disposal of effluent in winter is a severe problem, may also be a problem in summer. - High individual system cost. - Ongoing individual plant maintenance required. ii. Aerobic Tank Systems - Claim to provide adequate treatment to allow drainfield size reduction. - To date, MPCA/UM have not fully approved drainfield size reduction concept. - Drainfield must still meet the 3-foot separation requirement, which cannot be met on many properties except by standard mound sytem technology. - Ongoing maintenance required. iii. Conforming design/substandard capacity/holding tank - Concept is to use substandard capacity but conforming- location drainfield to its maximum capacity, then overflow into a holding tank (for re-entry to drainfield in off-peak hours, or for hauling away). - Concept assumes a small conforming trench drainfield can be constructed, which is not the case on many sites; not a viable system when drainfield is a mound. - This has been used as a short-term retro-fit in Orono (by adding holding tank to existing system) in developed ares where no other options exist or until sewer is available, but is not a long-term solution. None of the above methods are considered as viable alternatives to sewer for the reasons noted. • -i 1 c. Holding Tanks - Technically feasible for most sites. - Permanent maintenance requirement can become a problem and a burden. - High maintenance cost leads to restricted lifestyles not acceptable to most residents. - Estimated costs (1994 data): - Holding tank installation $2,280 - Regular maintenance (pumpouts) $5,000/year* *assumes 3 occupants x 75 gpd x 365 days x $120/pumpout 2,000 gal. per pumpout d. STEP System - Requires continued maintenance of indivi lual septic tanks. - With each house having a pump to maintain, costs are ongoing. - This is a low front-end cost alternative to standard sewers, but may create permanent maintenance headaches. - Still requires hydraulic capacity in local sewer system. e. Neighborhood collector system with community drainfield - Sensitive to soil/water table conditions. - Ongoing maintenance required (may be individual tanks or community tank). - Need future expansion area available as safety factor. - High cost of site acquisition. - Failure risk may be high, replacement cost expensive. - Unlikely that technically suitable sites can be located due to high water tables. - Community drainfields risk groundwater mounding and resultant inadequate treatment. - Collection system cost is equivalent to cost of municipal sewer collector system; the cost of community drainfield construction is likely to exceed the cost of force main to existing sewer system. f. Flow reductions - Cost to retrofit each residence with low-flow fixtures is variable. - Benefits will be variable from household to household. - Use of fixtures (or their eventual removal due to frustration) is impossible to monitor). - Flow reductions will not solve the problem of lack of 3-foot separation between the seasonal water table and the bottom of the treatment system. - While applying flow reduction technology to individual homes might result in 20-50% reductions in sewage volumes, and might even restore some failing (discharging) systems to a hydraulically functional condition, treatment may still be inadequate. ; • I i t ^ h 3. Conclusions The City has reviewed and considered alternative methods of sewage treatment and disposal prior to construction of each and every municipal sewer project in the last 15 years. None of the identified alternatives provides a sewage treatment system with the permanence of municipal sewer. The factors considered include: -Technical feasibility/site availability -Long term reliability -Individual maintenance requirements -City maintenance requirements -Technical limitations -Public acceptance -Cost -Financial and environmental risk For existing neighborhoods adjacent to lakes, and for those neighborhoods historically developed with lot sizes less than the 2 acres of dry buildable land needed to support septic systems on a long term basis, municipal sewers are the preferred method of sewage disposal. i INFORMATION ITEMS COUNCIL MEETING COUNCIL MEETINQ MAY 6 1997 k 4 , f CirVOFORONO OF "I I 1 '1 TO: FROM! DATE: Mayor and City Council Ron Moorse, City Administrator April 30,1997 ^ ■ SUBJECT: Facilitating Redevelopment in the Navarre Area--Tax Increment Financing The Culvers restaurant development project in Navarre, and the planned redevelopment of the adjacent church property, have generated discussion regarding whether those projects will serve as a catalyst for a significant redevelopment effort, or at least a significant facelift effort, for the Navarre commercial area. Although the first step in any significant redevelopment process is to develop a consensus regarding a vision or plan for the area, one of the first questions always asked is how any redevelopment would be funded. Commercial redevelopment is very difficult to accomplish and generally requires public funding —often a substantial level of public funding. Although there are grant programs available, successful grant applications generally include leveraging of substantial private dollars and ciy dollars. Orono does not have funding available or plamied to provide significant assistance to a redevelopment effort in Navarre. Also, looking into future years the city will need to provide funding for other major items such as storm water improvement projects, street improvement projects, and sewer projects. Funding for any new expenditures will need to come from the city tax levy unless other sources are found. One funding source that is specific to redevelopment projects is Tax Increment Financing (TIF). Tax Increment Financing enables a city to use ''incremental" (additional) taxes generated by redevelopment projects in a designated district to provide financial assistance to facilitate redevelopment in the designated district. For example, if a parcel with an existing building valued at $200,000 is redeveloped with a building valued at $1,200,000, the property taxes related to the additional $1,000,000 of valuation, for all taxing jurisdictions (i.e. city, county and school district) would remain in the TIF district. These funds would then be available to facilitate both the specific development occurring on the parcel and other redevelopment in the district. A TIF district can include both commercial redevelopment areas and areas of housing in need of redevelopment or rehabilitation. It is then possible to use the additional taxes generated by commercial redevelopment to assist the redevelopment or rehabilitation of housing. If the City Council determines Tax Increment Financing may be worth exploring, now would be a very opportune time to set up a Tax Increment Financing district in the Navarre area. The reason for this is that the proposal for the church property redevelopment may be brought to the Planning Commission within a fairly short time period. Also, the Rick's Super Valu expansion may proceed at any time. If the TIF district is set up before construction proceeds on these projects, the additional V'. taxes generated by these two projects would remain in the district and would be available for use to facilitate redevelopment in the district. It is important the Council has an opportunity to obtain as much information as possible about Tax Increment Financing and how it could be used in Navarre. Staff has had preliminary discussions with Sid Inman who is the Tax Increment Financing expert with Ehlers Associates, the city's bond consultant. He is available to meet with the Council to explain and clarify Tax Increment Financing at either a Council meeting or a work session. At this time, I am planning to have Mr. Inman attend the May 12 Council meeting. If any member of the Council would rather discuss Tax Increment Financing in a work session format please let me know. 5 r H i! V- I' ^ r* ■ .k*. —r TO:Mayor and City Council FROM: DATE: Ron Moorse, City Administrator May 2, 1997 SUBJECT: North Long Lake/Long Lake Country Club Sewer Project Bids and Assessments The bids for the North Long Lake/Long Lake Country Club sewer project have been received and reviewed. The low bid is approximately $93,000 under the Engineer's estimate. Although this is good news for the city, the property owners in the project may request that this lower project cost be reflected in lower assessment amounts. In considering this issue, it is important the Council take into account several items. 1.The proposed assessment amount was based on a determination of the amount of benefit provided to the properties rather than on a specific portion or percentage of the project cost. Although the project cost has been reduced, this has not reduced the amount of benefit. 2.The assessment amounts were substantially reduced from the actual project cost to reflect the level of benefit to the properties in order to avoid assessment appeals and the costs of the appeal process both to the city and to the property owners. If the Council decides to reduce the assessments based on the lower bid costs, it should do so only if all property owners agree not to appeal the assessment amounts. J.The project costs included in the low bid amount do not include the cost of easements needed for the project. In past projects, the city has relied on the property owners to provide easements at no cost to the city. If the Council decides to reduce the assessments it should do so only if all property owners agree to provide all necessary easements at no cost to the city. 1 i Peviowing Hislory 9/94 11/95 Assessing \ Needs 11/95 11/96 Developing ^ A Assumptions ^ 11/96 1/97 Seeking Solutions . 12/96 - 5/97 Selecting ^ Solution j 5/97 - Foll/97 y// Bond Referendum Update Community Meeting on May 12 It is time for you to help shape what Orono's school bond referendum will look like by coming to a community-wide meeting on Monday, May 12 at 7:30pm in the Orono Middie School cafeteria. The Board of Education is analyzing six bond referendum options by getting comments and suggestions from the community. The options address the space needs for adequate educational programs for our students, with a major focus on the space needs of our Middle School students. All options represent conservative ways to meet our needs. They range from erecting temporary portabies to remodeling or building a new school and the prices vary from $6,090,000 to $19,800,000. The options preferred by 60 community members at a March 6 meeting and by the Board at its April 1 workshop includes building a new middle school with a modest remodeiing of other schools. The cost of this option is $ 17,250.000. However, the Board feels that the community's suggestions on all six options, not just the one that is preferred at this time, will help in designing a better final plan. The community gave opinions as to each options during eight meetings held throughout April. Although much work has already been completed, much work still remains and your opinions are important to us. Please come to the meeting on May 12. If you do not have a copy of the options from the Aprii community meet­ ings, you may pick up a copy in the District Office. Using the community's suggestions, the Board wiii decide late in May on a final plan. From then until fall, the architect, community members and staff mem­ bers wiii further refine the plan and determine the exact cost. It Is anticipated that a bond referendum election wiii be held in the fall of 1997. ' • V •• /; j SEkli* V ^ « I •• % i \> ; r V Some of the 60+ community members working on solutions for Orono Schools ot the Mo^ch 6 meeting 05/02/97 FRI 15:50 FAX 612 347 7077 FREDRIKSON & BYRON @00 FREDRIKSON & BYRON, P.A. Attorneys At Law 1100 Internationiil Ccn(re 9Q0 Second Avcn»e South Minneapoli5, MN 55402*.'^I^07 (612) 347-7000 hAX (612) 347-7077 Direct Dial No. (612) 347-7032 bergUS&edlaw.com ILS. MAll. AND FACSTMILE 473-0510 May 2,1997 Mr. Ronald Moorsc City Administrator City ofOrono P.O. Box 66 Crystal Bay, MN 55323-0066 RE: Proposed Assessment for Municipal Sewer Service (North Long Lake/Long Lake Country Club Sewer Improvement Project) Dear Mr. Moorse: My office represents Troy and Catherine Anderson, tlie owners of the property at 1490 Long Lake Boulevard. The purpose of this letter is to serve as an objection to the assessment of the Anderson’s property for the above referenced project. The Andersons have met and discussed the proposed project with representatives of the City of Orono on several occasions. I have previously written to the City of Orono on their behalf and you will find enclosed a copy of my most recent letter (October 25, 1995). Based upon the due diligence investigation that we have conducted, it would be legally impermissable for the City of Orono to assess the Anderson’s properly for this project in the manner proposed by the City. The Anderson’s on-site system is a functioning, conforming, on-site system, constructed at considerable expense to the Andersons in 1993 following assurances to the Andersons by the City of Orono that municipal sewer service would not become available for at least ten (10) to fifteen (15) years. Our own experts have provided us with evidence that there is virtually no benefit that would accrue to the Anderson’s property on the basis of having municipal sewer service made available. If the City proceeds with the proposed assessment of the Anderson’s property, the Andersons will have no choice but to contest that assessment in accordance with applicable law. I would f 05/02/97 FRI 15:50 FAX 612 347 7077 FREDRIKSON & BYRON FREDRIKSON & BYRON, RA. Attorne7J At Law May 2.1997 Page 2 1 will look forward to talking to you about this matter. LJB/vw cc: Troy and Catherine Anderson 2011434-1 @001 I vlj p 4 05/02/97-riW• • H • « FRI 15:50 FAX 612 347 7077 @004 m FREDRIKSON & BITION■ ■.....Vr^/f'^r. . I. • .*•• »..*••. •■ ■ • • •*. % ,.• •I •/ ! FREDRIKSON & BYRON, P.A. Attorneys At Law IlOU International Centre 900 .Second Afettue South MinneapoUs. MN 55402-3i<J7 (C.I2) 147-7000 Fax (612) 147-7077 Direct Dial No. (612) 347-7052 October 26, 1995 Mr. Ron Moorse City Manager CITY OF ORONO P.O. Box 66 Crystal Bay. MN 55323-0066 Re: Proposed extension of the MUSA line and accompanying sewer service project serving the residents of the North Long Lake area of the City of Orono Dear Mr. Moorsc: My office represents Troy and Catherine Anderson, the owners of the property at 1490 Long Lake Boulevard. Tn 1993, the City directed the Andersens to replace their existing on-site septic system with a new system. The Andersens made inquiry of the City regarding the possibility that municipal sewer service would become available to this part of the City. They were assured that there was little, if any, likelihood that municipal sewer service would become available within the next ten to i'fleen year period. In reliance upon that representation, the Andersens constructed an expensive on-site septic system that conformed to all applicable laws and codes. The system in question functions efficiently and well and is expected to do so during its useful life. Therefore, if municipal sewer service is made available to my clients, my clients will derive no benefit from that service. Informal inquiry has been made of appraisers. We have been assured that with a conforming and functioning on-site sewer system, any increase in value to the properly derived from municipal sewer service being made available to my clients’ property would be nominal. Under Minnesota law, my client may not be assessed for such a project beyond the benefit derived by my clients’ property. Wc have received a Petition being circulated by the residents of the North Long Lake area of the City of Orono. Paragraph 4 of that Petition states: "Residents who have replaced their septic systems within five years before the time that the city sewer is installed will receive more favorable payment terms, such as deferral of the assessment for a period of lime." * • • -t ii 05/02/97 rai 15:51 FAX 612 347 7077 FREDRIKSON & BlCRpN . • fK» . -..'f :n . ( @003 FREDRIKSON & BYRON. RA. Accorntf^f Ac Uiut Mr. Ron Moorse October 26, 1995 Page 2 The purpose of this letter is to make it clear that such treatment would not be acceptable to my clients and is, in fact, contrary to applicable law. Under no circumstances will my clients willingly agree to pay any specif assessments against their property in excess of the benefit to the property from the proposed improvement. I would like to have the opportunity to discuss this matter with you or with the City’s attorney. My clients have authorized my firm to take appropriate action in the event that the City attempts to assess their property beyond the benefit received by the property from the project in question. I would appreciate it if you would call me or have the City’s attorney call me after you have had an opportunity to review and consider this letter. Thank you for your cooperation. cc: Troy and Catherine Anderson •f. 1520 Long Lake Blvd. Orono. MN 55356 May 2. 1997 City of Orono Municipal Offices 2750 Kelly Parkway Orono, MN 55356 received M4y 5 /99; CITyoFOHOf/o Dear Friends, I hereby appeal the assessment on my property (PINS No. 26-118-23 33 0005) relative to the propos ’d sewer project for North Long Lake. NONE of the five factors listed the General Information sheet apply to mv property. 1. My septic system was constructed in 1985, meeting the standards required. This was one of the reasons 1 purchased the home in June 1994, knowing the well and septic system were new and up to standards. 1 was simply not made aware of any possible upcoming sewer project when I purchased my home. Supposedly, my system is inspected annually and I have never been informed that it fEdls to meet requirements. In fact 1 have never seen an inspector or received a report of any kind. 2. By no measurement would the proposed sewer system benefit me or save me money. In fact, the additional cosi ^ voujd force me to sell my home at great personal loss at a time in rr; . .*'ien it would hit me in such a way that I would never financially recover. Surely it is not your intention as city government to devastate a homeowner ’s flnancicd life. 3. 1 am simply unable to pay the $13,950 estimated cost. The monthly payments for the sewer project, let alone the Metro Council Sewer Avadlabllity chcirges, connection costs, and new additional Municipal Sewer Charge of $74.50 a quarter. By the way, those little 50 cent numbers on the end of city charges reveal clearly revead the arbitraiy nature by which they are concocted. 4. The “Metro Council Sewer Availability” charges are way out of line, preposterous 5. “Connection ” estimates are way out of line. 6. In addition to the above, how can the city justify charging $35.50 for a “City Connection Permit." a charge that appears ill advised, blatantly opportunistic, and results in the kind of cynicism that governmental units should try to avoid among homeowners, especicilly those of modest Income. I was recently unable to construct a little deck on my home because of the high costs of speciad permits and additional survey costs required by the city which had no'th ’ng to do with the project. Those would have cost as much as the I materials. 7.1 have minimal equity in my home, perhaps less than $2,000. This minute “equity” would be swedlowed up in the additional assessments and the cost of selling my home. 1 estimate 1 would lose a minimum of $10,000. Then, 1 would still have to live somewhere! 8.1 have been on medical disability (fixed income) since November 1995, am in deep personal debt because of mediced bills and face a frighteningly uncertain flnancieil future, living from month to month emd somehow just scraping by. You may confirm the above by calling: Dr. Tim Richardson 920-6748 Dr. Bruce Mcbeath 644-2267 I cannot afford legal counsel. 1 am only a very modest Income homeowner to whom the sewer project proposad has caused incredible stress and a sense of hopelessness. Your sensitive consider^tl9|:^of my unique situation would be greatly appreciated. Sincerely. 1