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Home My WebLink About5C Assess Special Charges Public Hearing4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 4, 201.0 AGENDA #: 5C PREPARED BY: JERILYN ERICKSON, FINANCE DIRECTOR PRESENTER: JERILYN ERICKSON AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF AN ASSESSMENT ROLL FOR 2010 UPAID SPECIAL CHARGES, AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR THE 2010 UNPAID SPECIAL CHARGES DISCUSSION: Introduction The purpose of this agenda is for.the City Council to order preparation of an assessment roll. and to set an assessment hearing date for 2010 Unpaid Special Charges. These charges include costs and charges incurred by the City for Oak Wilt Abatement, mowing of nuisance properties, false alarms and delinquent utility bills. History State Statute 429.101 states that the governing body of any municipality may provide for the collection of unpaid special charges as a special assessment against the property benefited for all or any part of the cost of: 1) the treatment and removal of insect infested or diseased trees on private property 2) weed elimination from streets or private property 3) the recovery of any disbursements for payment of utility bills and other services, even if provided by a third party Current Circumstances In order to recover unpaid special charges the City must follow State Statute 429 special assessment procedures. Those procedures provide that the City must adopt a resolution declaring the unpaid special charges to be assessed and establish a date for the assessment hearing for those charges. In the case of the special charges being considered as part of this resolution property owners have been provided the opportunity to pay the charges prior to the assessment. Conclusion The City Council should order preparation of the assessment roll and declare the costs to be assessed and establish the date of the assessment hearing in accordance with State Statute 429. httpa/financel/teamsfamfOctober 4 2010/October 4, 2010/2010 Unpaid Special Charges Agenda - 2010.10.04 (Call for Public Hearing).doc ISSUES: In order for the City to recover unpaid special charges incurred in 2010 it is necessary for the City Council to proceed with this process. This is typically an annual event. FINANCIAL The total unpaid special charges proposed to be assessed are: IMPACT: Oak Wilt Abatement $ 9,225.00 Weed Abatement 746.44 Delinquent Utility Charges 9,045.66 False Alarms Charges 130.00 Total Charges to be Assessed $19,147.10 ALTERNATIVES: The alternatives are as follows: 1. Approve a resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment rolls for the 2010 Unpaid Special Charges, and establishing November 1, 2010 for the special assessment hearing date. 2. Deny the Resolutions for a specific reason and provide staff with direction. 3. Table this item for a specific reason. RECOMMENDED Alternative. #1 MOTION: / FrariKBoyl~s, ¢it~ Manager 2 4646 Dakota Street SE Prior Lake. MN 55372 RESOLUTION 10- xx A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE 2010 UNPAID SPECIAL CHARGES AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING AND PUBLICATION THEREOF Motion By: Second By: WHEREAS, The City has incurred the following unpaid special charges in 2010: S ecial Char a Un aid Amount Oak Wilt Abatement $ 9,225.00 Weed Abatement 746.44 Delin uent Utilit Char es 9,045.66 False Alarms 130.00 Total $ 19,147.10 and WHEREAS, Minnesota Statutes and Prior Lake City Code authorize the City to recover such charges through the special assessment process; and WHEREAS, Property owners were previously sent notifications of amounts due and failed to pay; and WHEREAS, The City Manager notifies the City. Council that such proposed assessments will be completed and filed in the City Manager's office for public inspection. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The portion of the cost of such services to be assessed against benefited property owners is declared to be $19,147.10. 3. Assessments for Weed Abatement, Delinquent Utility Charges and False Alarms shall be payable. pursuant to Minnesota Statute 429.101 and Sections 704.1003 and 806.301 of the City code in one (1) single installment payable in 2011. The single installment shall include the annual principal, a delinquent assessment administration charge of $30 plus interest calculated from the date of the adoption of the assessment resolution to the end of 2010 plus twelve (12) months of the next year and shall bear interest at the rate of eight percent (8%) per annum. 4. Oak Wilt Assessments shall be payable pursuant to Minnesota Statute 429.101 and Section 602.704 of the City code which provides that all assessments less than $1000 shall be payable in one (1) single installment payable in 2011 and all assessments over $1,000 be paid on an equal principal installment method extending over a period of five (5) years for the abatement. The first installment shall be the annual principal plus interest calculated from the date of the C:1Documents and SettingslcgreentMy Documents\SharePoint Drafts\2010 Unpaid Special Charges Resolution - 2010.10.04 (Call for Public Hearing).doc adoption of the assessment resolution to the end of 2010 plus twelve (12) months of the next year and shall bear interest at the rate of six percent (6°/a) per annum. 5. The City Manager shall submit a list of the costs for services the City has incurred for unpaid utility bills, weed abatement, false alarms and oak wilt abatement, as provided by law, and shall file a copy of such proposed assessment in the. office of the City Manager for public inspection. 6. The City Manager shall upon the completion of such proposed assessment notify the City Council thereof. 7. A public hearing shall be held on the 1St day of November, 2010, in City Council Chambers at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given the opportunity to be heard with reference to such assessment. 8. The City Manager is hereby directed to cause a notice of the public hearing on the proposed assessment to be published once in the official newspaper of the City at least two weeks prior to the hearing, and the City Manager shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 9. 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 Finance .Director, except that no interest will be charged if the entire assessment is paid within 30 days from the adoption of the assessment. The owner may, at any time thereafter, pay to the City Finance Director the entire amount of the assessment remaining unpaid, excepting the installment portion appearing upon the current year's property tax statement. PASSED AND ADOPTED THIS 4T" DAY OF OCTOBER, 2010. YES NO M ser M ser Erickson Erickson Hedber Hedber Keene Keene Millar Millar Frank Boyles, City Manager httpalfinance1lteams(amlOctaber 4 2010/October 4, 2010/2010 Unpaid Special Charges Resolution - 2010.10.04 (Call for Public Hearing).doc