Council adopts final assessment roll for 2025 street projects after public hearing; resident seeks damages and abatement

The Lake Elmo City Council on Oct. 21 adopted a revised final assessment roll for the 2025 Street and Utility Improvements project after a public hearing and discussion that included a detailed resident appeal.

City Engineer Nate Stanley summarized the completed 2025 projects across multiple northwest neighborhoods — Irish Court, Teal Pass Estates, Lake Elmo Vista, Prairie Hamlet, Rolling Hills Estates and Judith Mary Manor — saying full-depth reclamation, new concrete (B418) curb and gutter, and storm repairs were completed without extension of public water or sanitary sewer lines. He told the council that bids came in strongly below preliminary estimates and that the final assessments were reduced about 22% overall compared with the engineer’s earlier estimates.

Stanley described example assessment changes: Irish Court’s estimate fell from about $10,700 to $8,300; Teal Pass Estates from about $17,500 to $13,500; and other neighborhoods saw similar reductions. He also noted one parcel (96965 50th Street North) that had been mistakenly listed in a preliminary roll because earlier work had excluded that intersection; staff removed that parcel from the final roll rather than recalculating other property assessments.

During the public hearing, resident Catherine Todd of 9961 50th Street North told the council the project imposed ‘‘severe financial burden’’ and described property damage she attributed to this year’s construction. Todd said she bought the property in 2019 for $435,000, has paid roughly $35,000 in city-related taxes and fees since then, and earlier paid over $30,000 to relocate a septic field after a city action. She said the recent construction led contractors to remove four mature trees, rip out an in-ground sprinkler and her invisible dog fence, and that repairs would cost roughly $3,600. She asked the council to abate or reduce her $17,200 assessment (plus 5.5% interest over 15 years as she noted), to offset tree and irrigation damages, provide a tax reduction for land placed in watershed, delay collection, and commit to environmental testing and remediation for her private well.

Stanley and other staff said they were not immediately aware of the specific trees and would inspect project records and the construction limits. The city said the contractor is not permitted to work beyond the public right of way; Stanley added that if a contractor goes beyond a property line it is liable. Council members and staff said they would follow up with construction inspectors and the contractor to confirm whether the impacts were within the public right of way and, if damage occurred outside the right of way, to pursue contractor liability.

Council discussion also returned to a recurring question about earlier 2010 improvements in the 50 Seventh Street area in which residents had chosen bituminous curb and gutter rather than concrete. Some council members urged that the current policy on concrete curb-and-gutter is aimed at maximizing lifecycle and long-term cost savings; others acknowledged residents’ concern about paying again for work done in 2010. Council members noted the assessment rules require uniform application across comparable projects and that a single-property exception would be difficult to justify under state assessment law.

After discussion, the council approved the amended final assessment roll and directed staff to follow up on Todd’s damage allegations. Staff said they would confirm whether the contractor worked beyond the right of way and would report back to the council.