03-12-07 PH 1[76 : 7 :77 Fri
COURI, MACARTHUR & MAR 0 1 2007 luj
RUPPE, P.L.L.P.
Michael C. Couri• Attorneys at Law Kristen H. C By
Andrew J. MacArthur 705 Central Avenue East Kyle R. Hartnett
Robert T. Ruppe•• PO Box 369
St. Michael, MN 55376 -0369 CoPied SD City Mrn
*Also licensed in Illinois (763) 497 -1930
••A /so licensed in California (763) 497 -2599 (FAX)
courimacarthur@earthlink.net
February 28, 2007
Rudy Thibodeau
11144 195 Circle NW
Elk River, MN 55330
RE: Mississippi Shores- Additional Assessment
Dear Rudy:
The City is in receipt of your most recent e-mail request for additional information. In
that request you are requesting some breakdown of staff bills related to this project based
upon individual properties. From its initiation the project required more staff time due to
the number of property owners and the need to get all property owners to agree. At
various times during the project consultants had to spend more time on issues involving a
particular property in order to move the project along. However, even when one
particular property was the focus of meetings often all property owners were involved.
Thus, the billing for the project was all coded to that project only and not to any
individual property owners. It would be virtually impossible to separate out items that
accrued more to one property owner's benefit than the other.
Beyond that, the project has already been partially assessed based upon all overhead costs
being proportionally divided among all of the affected property owners. We are now only
dealing with a small portion of the assessment above and beyond the initial assessment.
Further, we have already noticed the hearing based upon the initial allocation which
means that we cannot increase other properties above the noticed assessment amount at
this time.
It is my understanding that the information related to the costs of curbing etc. on your
property were specifically requested by you
The total assessment amount allowed by law is the increase in fair market value of the
properties resulting from the improvement. The City strongly feels that the improvements
110 y!!3
(frontage road, sanitary sewer and water) have clearly increased the value of the
individual properties in excess of the total increase in property value for each property
assessed. A before and after picture of the area would be strong evidence of the increase
in value.
All billings submitted to the City are public record. However, the City will not incur
possible additional expense by requesting that it's consultants go back and try and
determine what property was ultimately benefited more than others by any particular
billing entry. You can request that this be considered at the public hearing if you choose
but staff will recommend that these costs not be recalculated for the reasons set forth
above.
The City was hoping that the property owners would sign an additional waiver which
would alleviate the need for the scheduled assessment hearing.
If you have any further questions regarding this matter please feel free to call me.
Very t ' o rs, _
A . ew J /,1 1/4? - OURI, THUR & RUPPE, PLLP
cc: City of Otsego
Ron Wagner, City Engineer
Assessment Roll Summary
November 13, 2006 (Revised 03- 08 -07)
Bob's
Leaps & Riverview Produce
Assessment Roll Bounds AMVET Liquorette Ranch Godfathers Totals
Council Approved
November 13, 2006 $99,000.00 $95,000.00 $80,000.00 $180,000.00 $137,000.00 $591,000.00
Owner Requested Changes $800.00 $400.00 $2,700.00 $7,112.15 $2,756.00 $13,768.15
Total Assesment (02- 06-07) $100,557.98 $96,677.58 $99,869.05 $201,686.33 $149,119.52 $647,910.46
Remaining Assessment $1,557.98 $1,677.58 $19,869.05 $21,686.33 $12,119.52 $56,910.46
Percentage Increase from
agreed assessment (11- 13 -06) 1.57% 1.77% 24.84% 12.05% 8.85% 9.63%
Percentage Increase from
agreed assessment and owner
changes 0.77% 1.34% 21.46% 8.10% 6.83% 7.30%
AMMORITIZATION SCHEDULES(additional)
EXHIBIT F (FINAL 02 -06-07)
ASSESSMENT BREAKDOWN FOR STREET AND UTILITY IMPROVMENTS
3/8/200711:14 MISSISSIPPI SHORES 8TH AND 7TH
Total Construction Cost Assessment
FINAL
STREET SANITARY SEWER PROPERTY
CONSTRUCTION & ( Extra size, depth & OWNER
REMOVALS Correction) WATERMAIN STORM SEWER CHANGE ORDER REQUESTED
_ PARK AVE. #1 & #2 CHANGES TOTAL PROJECT COST
% OF % OF % OF % OF
TOTAL TOTAL TOTAL % OF % OF TOTAL
PROPERTY COST COST TOTAL TOTAL PROJECT
,..87% $ 29, 18.00% $ 16,849.79 .
79 1700% $ 27,570.39 5.00
COST
0%
GODFATHERS 25.08% $ 8509885 12 COST $ COST COST
TOM rHUMB COST
- $ 2,356.90 15.05% $ 149,119.52
(BOWS PRODUCE) 39.41% $ 102,294.48 12.67 %, $ 29,922.23 18.00% $ 16,849.79 22.60% $ 38,652.40 5.00% $ 7,321.36 $ 1,933.92 $ 6,712.15 20.38% $ 201,688.33
LIQUOR STORE 11.20% $ 29,071.26 12.67% $ 29,922.23 18.00% $ 16,849.79 10.30% $ 16,704.41 5.00% $ 7,321.36 $
VETRENARY CLINIC 11.47% $ 29,772.08 12.67% $ 29,922.23 18.00% $ 16,849.79 7.90% $ 12,812.12 5.00% $ 7,321.36 $ - $ 10.08% $ 99,869.05
DAYCARE 12.84% $ 33,328.12 12.67% $ 29,922.23 18.00% $ 16,849.79 8.10% $ 13,138.48 5.00% $ 7,321.38 $ $ 9.76% $ 96,677.58
CITY/TRUNK COSTS 0.00% $ 36.63% $ 86,488.51 9.99% $ 10.15% $ 100,557.98
HAKANSON ANDERSON, INC. $9,350.00 34.10% $ 55,302.95 75.00% $ 109,820.45 $ 78,370.68 $ 1,454.55 34.40% $ 340,787.14
Construction &Engineering $ 259,564.78 $ 236,099.67 $ 2,066.88 0.21% $ 2,088.88
$ 93,598.93 $ 162,178.74 $ 146,427.27 $ 80,304.60 $ 12,590.48 $
SUM $ 259,564.78 990,764.47
$ 236,099.67 $ 93,598.93 $ 162,178.74 990 764.47
100.00% 100.00% 100.00% 100.00% 100.00% $ 148,427.27 $ 80,304.60 $ 12,590.48 100.00% E,
itractor: Barbarossa & Sons Paid to the City for Sanitary Correction $20,000.001 $ 340,787.14
City Costs Remaining $ 3° 8°14
Page 2 of Final (02 -06 -07 Assessment breakdown for Mississippi Shores improvement project.
3/8/2007 11:14 Construction
Administration,
Legal & Construction &
Street Costs Bid Schedule A Bid Schedule E Park Ave. Street Lights Costs Total Costs Engineering Administration
$25,613.75 + $247,540.65 - $89,432.45 + $31,025.16 = $214,747.11 $214,747.11 20.87% $259,564.78
Hakanson Anderson Changes $1,710.00 $1,710.00 20.87% $2,066.88
Property Owner Changes $8,706.55 $8,706.55 20.87% $10,523.60
$10,416.55 $12,590.48
Sanitary Sewer Costs Bid Schedule B Park Ave. City Portion of Street Sanitary
$187,534.60 - $22,362.00 - $41,394.00 $123,778.60 $123,778.60 20.87% $149,611.16
City Portion of Sanitary Bid Schedule B
Additional Cost 12" PVC 1034.00 $21.00 $21,714.00
For Extra Depth & Size 12" PVC 656.00 $30.00 $19,680.00
City Cost Adjustment $0.00 Bid Schedule B -1
$41,394.00 $30,161.00 $71,555.00 $71,555.00 City Portion 20.87% $86,488.51
Total $236,099.67
Watermain Costs Bid Schedule C Park Ave.
$86,787.70 $9,350.00 $77,437.70 $77,437.70 20.87% $93,598.93
Storm Sewer Costs Bid Schedule D
$134,176.20 $0.00 $134,176.20 $134,176.20 20.87% $162,178.74
Park Ave. $121,144.45 $121,144.45 $121,144.45 20.87% $146,427.27
Change Order #1 $14,801.20
Change Order #2 $51,637.63
City Portion of Change Orders $64,838.83 20.87% $78,370.68
Bob's Produce Portion $1,600.00 20.87% $1,933.92
$66,438.83 $66,438.83 20.87% $80,304.60
Total $990,764.47
TOTAL $819,694.44 20.87% ( $990,764.47i1
Administration, Legal & Engineering $171,070.03
Project Summary Costs Bid Schedule Construction & Administration Bid Schedule B Additional Size & Depth
$784,961.28 Street & Utilities $ 30,612.30 $ 2,066.88 Hakanson Anderson Assoc., Inc. Curb Correction 12" PVC $71.00 - $50.00 = $21.00
$34,733.16 Lights - $ 5,553.20 $ 6,712.15 Bob's Produce Curb Island Removal and Repair, Light Connection(3708) 12" PVC $80.00 - $50.00 = $30.00
$819,694.44 Construction Costs - $ 1,949.95 $ 2,356.90 Godfather's Curb Island Removal and Repair
20.87% Design, Survey & Inspecti - $ 1,203.40 $ 1,454.55 City of Otsego Snow Plow Damaged Curb Replacement
$990,764.47 Total Project Cost $ 21,905.75 $ 12,590.48