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HomeMy WebLinkAbout6A - Prior South Street Project AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: 6A BRUCE LONEY, ASSISTANT CITY ENGINEER CONTINUATION OF COMBINED PUBLIC HEARING AND ASSESSMENT HEARING ON PRIOR SOUTH STREET IMPROVEMENT PROJECT #94-01, AND OTHER 1994 PROJECTS AND CONSIDER APPROVAL OF RESOLUTIONS 94-36 AND 94-29 JULY 5, 1994 The purpose for this Agenda item is to conclude the Public Hearing for 1994 projects which include: Prior South Street Improvement Project 94-01, order the preparation of plans by approving Resolution 94-36, consider the assessments for street improvements associated with Project 94-01, and for adoption of the enclosed assessment roll by approving Resolution 94-29. At its regular meeting of May 2, 1994, the Council approved Resolution 94-22 which declared the cost to be assessed, and ordered the preparation of the assessment roll. Also Resolution 94-23 was approved establishing the date of the Assessment Hearing for the Prior South street improvements. At the June 6, 1994, Council meeting the assessment hearing for Prior South street improvements was opened. Written and oral comments were received and entered into the record. The healing was continued to allow the City to conduct a new Public Hearing on the Prior South project, including other 1994 projects in the bond issue. The Council adopted Resolution 94-32 which calls for a Public Hearing on the following improvements: 1. Street overlay/reconstruction project on Brunswick Avenue, Erin Circle, Dublin Road, and Lyons Avenue by the construction of grading, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work. 2. Caniage Hills Parkway from Pike Lake Trail to 1/4 mile east by the construction of grading, sanitary sewer, watermain, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, sidewalk, landscaping, and appurtenant work. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNllY EMPLOYER , TT' 14 3. Paving of Sand Pointe Community Park roads and parking lot by grading and construction of storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work. 4. The bituminous sealcoating of bituminous paved streets throughout the City. The Carriage Hill Parkway improvement from Pike Lake Trail to 1/4 mile east is for the extension of a collector street within the proposed Knob Hill plat. Financing of this project would be from Municipal State Aid Funds and Collector Street Fund. This project was included in Resolution 94-32 to identify all potential 1994 projects. This project was not included in the Notice of Public Hearing as the project is not dependent on any assessments. Also since the plat of Knob Hill is not approved, staff did not include this project in Resolution 94-36 which orders the preparation of plans for each 1994 project dependent on assessments and 429 bond financing. Staff will request a separate authorization from Council to proceed with the extension of Carriage Hill Parkway once the status of Knob Hill is known. The continuance of the Assessment Hearing and renotification of the Public Hearing for Prior South is to allow the City to finance the Sand Pointe parking lot improvement and bituminous sealcoating project. The addition of these projects does not affect the assessment rate for the Prior South project. DISCUSSION: All property owners have been mailed a Statement of Special Assessments which included all appropriate information pertinent to their property. A combined Public Hearing and Assessment Hearing notice has also been mailed indicating time and place of the Public Hearing and Assessment Hearing. This notice is enclosed in the Agenda packet. The preliminary assessment roll as authorized by the City Council amounted to a total of $329,988.22 which represents approximately 58.4% of the project cost of $565,000.00. The remainder is to be paid by the City's Ad Valorem Tax Levy and Storm Water Utility Fund. Included in this project is the dredging of sediment from Blind Lake Trail storm sewers which has been included in the Storm Water Quality budget for 1994. The amount to be assessed against the benefitting properties in Prior South is $329,988.62 with the assessment frontage total of 5,199.12 front feet. The reason for the frontage total with a fraction of a foot is due to the sixteen unit townhouse development in Colonial Estates 1st Addition. These units each received a frontage of 17.82 feet with a total frontage for this parcel of 285.12 feet. The following rate was utilized in calculating the individual assessments for the property owners on the assessment roll: 2 Assessment Amount Assessment Footage Assessment Rate $329,988.62 $ 5,199.12 $ 63.47/FF The assessment rate of $63A7IFF represents a decrease of nearly 5.8% when compared with the estimated assessment rate of $67 AlIFF. The initial assessment amount at the Public Hearing was estimated to be $350,520.00 as compared to the assessment total of $329,988.22. These lower rates are due to a more accurate engineer's estimate from the feasibility study to final design plans of the improvement. A bid opening for this project was held 00 June 2, 1994. Attached to the Agenda Report is a memorandum which compares the low bid received from Valley Paving, Inc. to the Engineer's Estimate in which the assessments were based. Essentially, the bid amount is about the same as the Engineer's Estimate. The assessment frontages were determined as per the City's assessment policy and utilizing the existing Prior South plat drawing on file. In the event that a property owner provides a surveyor justification that the frontage for a parcel is incorrect, the City Council can adjust the frontage for the parcel and the resulting assessment. The assessment terms are to be for ten (10) years for paving, sewer and water. Added to the first year installment (1994) will be an additional 179 days of interest which account for the remaining days of 1994 following the Public Hearing. The interest rate of 8% is the minimum interest rate charged on all assessments as approved by Council on March 7, 1994. The bond issue interest rate is expected to be less than the minimum rate of 8%. Prior Lake Code Chapter 1-13 allows for the deferment of assessment principal and interest if the following four criteria are satisfied: 1. Applicant must be 65 years of age or older. 2. The qualifying property must be the homestead of the applicant. 3. Annual gross income shall not exceed the income limits as set forth by family size according to Attachment A of Ordinance 86-03. 4. Total special assessments to be deferred must exceed $1,000.00. The City received one application for deferment of special assessments associated with the Prior South street overlay improvements. Gerhard Zaudtke's submittal request (see attached copy) has been reviewed by Staff and meets all the above referenced requirements. Therefore, Staff would recommend Council deferment of special assessments for Lot 5 Block 4 Prior South (PIN# 25 017 059 0) in 3 'T r .1'.:;..... the amount of $5,077.60 subject to the annual review process and approval of Resolution 94-29. In accordance with the policy, interest continues to accrue on the unpaid balance during the deferral period. The Public Hearing for the 1994 projects must be conducted and action taken on Resolution 94-36 prior to the Assessment Hearing. The Assessment Hearing must be conducted after the Public Hearing in order to incorporate the Sand Point parking lot and bituminous sealcoating projects in the 429 Bond issue. The estimated construction costs for the Sand Pointe parking lot paving and bituminous sealcoating are $75,000.00 and $150,000.00 respectively. The engineering design cost from MSA Consulting Engineers is estimated not to exceed $6,000.00 for Sand Pointe parking lot. City staff will perform the design and construction engineering on the bituminous sealcoating project. RECOMMENDATION: Depending upon the input received at the hearing, the Council can determine whether adjustments should be made to the proposed assessment role. ALTERNATIVES: The alternatives are as follows: 1. Approve Resolution 94-36 ordering improvements and preparation of plans and approve Resolution 94-29 adopting the assessment roll as submitted. 2. Approve Resolution 94-36 and approve Resolution 94-29 subject to Council approved changes. 3. Continue the hearings for a specific reason. BUDGET IMPACT: There is no direct impact upon the annual operating budget as the bond payments shall be dependent upon assessments and an annual valorem tax levy. However, an estimated 1995 property tax increase of 1.8% is anticipated. ACTION REQUIRED: Motion to approve Resolution 94-36 first and then a motion to approve Resolution ~4-29 and approve the deferment for Gerhard ~int IN (::7-059-0) contingent upon Council REVIE AGE7.ENG . 4 ~ Z IlJ E ~ o a: Q. X .... ~ IlJ IlJ a: ~ VI :l: ~ ::I o VI a: o .... a: Q. VI a: <I: ..J ~ IlJ <I: .. >- Q. I'" .... ~cn .... & U 0101 cr:l ~ Z .....I.L .... U. 1 VIa: .... ......... >0.. 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"N .-,.... o III 10 ..JN~ Ql > <I: .x 10 0 .... ... :3 .xl III ....Illc: cr:lN:l ~... . , cr:l 01.... ~~Sl "ll> '-110 0ll>1O ..JN~ INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: \ MAYOR, COUNCILMEMBERS AND CITY MANAGER ~\.t' BRUCE LONEY, ASSISTANT CITY ENGINEER PROJECT 94-01, PRIOR SOUTH IMPROVEMENTS BID OPENING JUNE 3,1994 The City opened bids for Project 94-01 and received four bids. Attached to this memorandum is Resolution 94-30 which shows the bid results. The base bid included all work including the dredging of Blind Lake. The dredging of Blind Lake was included as an alternate bid item and the bid on this item is shown as well. The low responsible bidder was Valley Paving, Inc. at $435,577.16 which includes the alternate bid item for dredging Blind Lake. The project cost used in calculating the assessments was $565,000.00 of which $550,000.00 was for the Prior South street improvements and $15,000.00 for the dredging of Blind Lake. The Engineer's Estimate for construction was $434,615.38, and 30% indirect costs were calculated in the amount of $130,384.62. The low bid of $435,577.16 as compared to the Engineer's Estimate of $434,615.38 is essentially the same. Engineering would recommend that the bid of Valley Paving, Inc. be accepted and award a contract for Prior South improvements. The assessments for Prior South were based upon the Engineer's Estimate with the assessment rate calculated to be $63.47 per assessable front foot. Notices have been sent and a hearing scheduled for June 6, 1994. With the bid amount essentially the same as the Engineer's Estimate, the assessment rate should remain the same. Also attached is a letter from Valley Paving, Inc. which acknowledges Addendums #1 and #2, and is in agreement with the Addendums. The Addendums actually reduced quantities in the proposal, thus Valley Paving's bid went from $443,321.91 to $435,597.16. The non-acknowledgement of the Addendums by Valley Paving, Inc., per Glenn Kessel, does not disqualify their bid and the City has the right to accept this bid. BMEM50.ENG 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER / COMBINED NOTICE OF PUBLIC HEARING AND ASSESSMENT HEARING PUBLIC IMPROVEMENT PROJECT #94-01 (PRIOR SOUTH) PUBLIC IMPROVEMENT PROJECT #94-06 (SAND POINTE PARKING LOT) AND PUBLIC IMPROVEMENT PROJECT #94-11 (BITUMINOUS SEALCOATING) GRADING, STORM SEWER, AGGREGATE BASE, CONCRETE CURB AND GUTTER, BITUMINOUS SURFACING, BITUMINOUS SEALCOATING, AND APPURTENANT .WORK IN THE CITY OF PRIOR LAKE, SCOTT COUNTY, MINNESOTA Notice is hereby given that the City Council of the City of Prior Lake, Minnesota will meet in the Council Chambers in City Hall on Tuesday, the 5th day of July, 1994 at 7:45 P.M. to consider the improvements and assessments for the following streets and project areas: 1.) PRIOR SOUTH SUBDIVISION - Brunswick Avenue from Franklin Trail to Lyons Avenue, Dublin Road from Brunswick Avenue to Lyons Avenue. Erin Circle from Dublin Road to end terminus, and Lyons Avenue from Franklin Trail to Brunswick Avenue, within the PIior South subdivision in Section 2, Township 114 North, Range 22 West, Scott County, Minnesota. 2.) Paving of Sand Pointe Community Park roads and parking lot by the construction of grading, storm sewer, aggregate base, concrete curb and gutter. bituminous sUlfacing. and appurtenant work; 3.) The bituminous sealcoating of bituminous paved streets throughout the City: The total estimated cost of such improvements is $ROO.OOO.OO. The area proposed to be assessed is every lot, piece. and parcel benefitting from said improvement, whether abutting or not, within the following described areas: PRIOR SOUTH SUBDIVISION The south half of Section 2. Township 114 north. Range '")'") west. Scott County. Minnesota. Specific property descriptions included in the above described area, but not inclusive, are as follows: r 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNllY EMPLOYER y - Property abutting Brunswick Avenue, Dublin Road, Erin Circle, and Lyons Avenue north of Brunswick Avenue in Blocks 1, 2, 3, 4 and 6 within the area known and platted as Prior South. The area platted and known as Colonial Estates 1st and Colonial Estates 2nd. The Council proposes to proceed under the authority granted by Chapter 429 M.S.A. All persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. Written or oral comments will be considered. Dated: June 7, 1994 By Isl Prank Boyle City Manage Published in the Prior Lake American, June 11, 1994. 940lPI.ENG ('" RESOLUTION 94-36 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS ON PUBLIC IMPROVEMENT PROjECT #94-01 (PRIOR SOUTH), PUBLIC IMPROVEMENT PROjECT #94-06 (SAND POINTE PARKING LOT), & PUBLIC IMPROVEMENT PROjECT #94-11 (BITUMINOUS SEALCOATING) MOTION BY: SECONDED BY: WHEREAS: pursuant to Resolution 94-32 which the City Council adopted on June 6, 1994, calling for a Public Hearing to be held on the following improvements and the generally described project areas: 1. Street overlay/reconstruction project on Brunswick Avenue, Erin Circle, Dublin Road, and Lyons Avenue by the construction of grading, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work; 2. Paving of Sand Pointe Community Park roads and parking lot by the construction of grading, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work; 3. The bituminous sealcoating of bituminous paved streets throughout the City. WHEREAS: Ten days mailed notice and two weeks published notice of the hearing was given, and the hearing called to order on the 5th day of July, 1994 at which all persons desiring to be heard were given an opportunity to be heard thereon: and NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that: 1. Such improvement is hereby ordered as proposed in the Council Resolution 94-32 adopted the 6th day of June, 1994. 2. The City Engineer and the city's engineering consultant, MSA Consulting Engineers, is hereby designated as the Engineer for this improvement. They shall prepare plans and specifications for the making of this improvement. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNllY EMPLOYER t "II" Passed and adopted this 5th day of July, 1994. Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Frank Boyles City Manager City of Prior Lake { Seal} RESOLUTION 94-29 RESOLUTION ADOPTING ASSESSMENT FOR PRIOR SOUTH STREET IMPROVEMENTS PROjECT #94-01 (ACTION ON THIS CONTINUED ON JULY 5,1994) MOTION BY: SECONDED BY: 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 improvements of #Project 94-01. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, 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 on an equal principal method extending over a period of lQ years. The first installment shall be the annual plincipal plus interest calculated from the Public Healing date to the end of this year plus the twelve months of the next year and shall bear interest at the rate of .8. percent 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, 1995. 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, except that no interest will be charged if the entire assessment is paid within 30 days; and an individual may at any time thereafter, pay to the City's Finance Director the entire amount of the assessment remaining unpaid, excepting the installment portion appealing upon the CUITent year's propelty tax statement. 4. The City Manager shall forthwith transmit a celtified duplicate of this assessment to the County Auditor to be extended on the property tax lists of Scott County. Such assessments shall be collected and paid to the City in same manner as other municipal taxes. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER l' II ., T y T 5. The final project cost appol1ionment has been detelmined to be $565,000.00 of which $220,011.78 and $15,000.00 shall be paid from the City's Ad Valorem Tax Levy and the City's StOlm Water Utility Fund, respectively, and $329,988.22 to be assessed to the benefitted property owners as per attached assessment roll. Passed and adopted this _th day of , 1994. YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Frank Boyles City Manager City of Plior Lake {Seal} APPLICATION FOR DEFERMENT OF SPECIAL ASSESSl\1ENTS Pursuant to City of Prior Lake Ordinance 86-03 TO: City Manager City of Prior Lake Scott County, Minnesota File # 94-01 I, Gerhard Zaudtke , the undersigned declare under penalties of perjury: That I reside at 16803 Lyons Avenue SE That my spouse is(name) deceased That I am 65 years or older and that my date of birth is 12/21/07 That my family size/number of dependents is 1 IF APPLICABLE: That I am retired by reason of permanent and total disability (Please attach a sworn affidavit by a licensed medical doctor to the fact that you are unable to be gainfully employed due to a permanent and total disability). That the following described property is owned by and is the homestead of the applicant: Property Address Phone Number Legal Description Parcel Identification Number 16803 Lyons Avenue SE 447-5871 Lot 5 Block 4 Prior South 250170590 That my annual gross income for myself and my spouse as reported on applicant's most recent income tax return (attach a copy of your last year's Federal Income Tax Return), plus non-taxable income received such as Social Security, pension, worker's compensation or similar proceeds is $ 8.748.00 which does not exceed the family size income limits according to Attachment A of Ordinance 86-03. Applicant hereby requests that the following special assessment of $5.077.60 for Project ~ which is levied against the above described property be deferred. I hereby acknowledge that any of the following reasons shall result in the total amount of the deferred special assessment, including interest, to be certified currently upon the property tax rolls of Scott County to be collected over the appropriate time period. 1. Failure to renew this application each year by September 30th. 2. Death of the owner, if the spouse is not eligible for benefits. 3. Sale, transfer or subdivision of the property or any part thereof. 4. Loss of homestead status. 5. Determination of no hardship. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ... ... I hereby declare that I have read the above and that the information contained in this application is, to the best of my knowledge, true and correct. Subscribed and sworn to before me this; ~f'~day of -J1?{ , 1~ 4~~ ~ , (Notary Public) / @",",BERNICEA.JULKOWSKI . ~ NOTARY PUBUC. MINNESOTA SCOTT COUNTY Uy Camm. Exp. Oct. 16. 1996 DEFER2. WIn' ~. .... .....- ~ ATTACHMENT II A II -. cr.r! OF PRIOR LAKE ommwa 86-03 AN 0!mNANCE ESr1lBLISHIN:; A ~ FOR ~ 1Jtan:..tUW. OF ~ 1..5SESSMENl'S ~ion I '1bt City Council may defer the p!lyment of any Bp!Cial assesSDent: on bcmesteed. property owned by a person who qualifiti under one of the hardship criterion set forth in Sectior.s II and III below. ." -,.;. b baIeowDer sball ake application for deferred paymer~t of special assessmen+-.s "';'~~ ena fom prescrj!)ed by the Scott County Auditor and supplemented by the Prior , Lake Cit? JlBnager. 'lb! applie=tion sball be 1DII&t within 30 days after ~ ,~'~~..~ of the usesauent roll by the City Council acd shall be resw:ued each ~.' ...~. "year UPoD the flliDq of a sillli1ar appUcation no late~ t:han September 30. '!his ~~;~;.;",..,:o~4~..will. be effl!ctive for all _~~ts lwied beg11minq in 1985. '~"'~~;"'~ ~.:, ..'!'" :~~'''4 -:~.:',~ . :..;..,~~. .' .. . .... ..;;. ~~:._: .~:~1;Y J!I!IMger 8ball est~l isih a c:ase ntad:)er for each aPPJ,ic:stion, review the ;;.~ .~. ;.,~tiOD~..:.fo~..; ~ete " informaticn ana ~. ana 1IlBke a ,reo ~",m.tion. to \~L ~~~"'-':~S1tj' ~'to'eitherapp'cve or ~o~e the application' for. Qefe~t.. . .:~:..,~ ~~.~~q ~fLDy III!ljorii:y. vote, shall either qrant or deny the Qefemem: and ~~". ~'''''-:;U. the. de:femmt1S" granted, the City' Council JIIlrf requixe, the payment: of ."~.":~;duirMch..,... ~ appl.icm:iocs will be ~o~ by tl:e City ~~~i:.'~,;'lIIIIDa;er 'for ;1:bc8e."c:ase. whereby the original cccditions for' qualifications "."~~~ ~~"~Y ancb!IDCJed. ") ~~"''''A .;:'0#.. .~"" .'. ....::... ..' .c:.,.,!" ~~'~:,If,:t&tta~~..c~h'grant:s the defeCl!nt:, the City Mzmager' sbail . notify the . ~'!~:.'!~lI2i31tot1rbolhaJ.l in' acxoEdanc:e' with Minnesota Statutes, Section ~S.194, ~';;. "';reCom.~ '~a :;'~ce:~:~ the defement with the Ccmlty Recoreer settinq forth the ...."!\-... 'ADizDt...cf'" . n: ;:~~~~~::.'.~.;;;.,=-~;.: ::., .-~~'.7~. . ~~..t;;..... ..~ t~ ~'.:;:"""""":;"~;~ ;...... .' ..... "'~"." !-"-~;';, "'~~~''':h. :~~~ is deemed to exist if the applicant meets all ()f the ~i""'" fo.tlOir1nq o:mdit4~. ;~:;: ...~. ~'.. ..: . :~..". ~:'.~ '. .::,.., ....::.~. . ;:~f. .... ~-..., .1.. Any.. 'appucant must be 65 years of age, or older, .,.~;..;~, ._;.~~ ..: .:.......iDd.Dict own a legal or equitable interest in the prq:ert".l applied for . !"::::1 .' ~.:. . '-:~w!l1c::.b:-.ust: be the bcmest.eed of ti.... applic:mt. ~ .~:....._. "'~'.::' ~.~. ~'._: :..;.>A.' . .~. . . ,~~.;: . .....~. ~ cinDal gross incaIe c:f tl:e appUcm1t shall net be in e:ess of the ::~';', .' '.. i~~.limits as set forth by family sUe for the City at. Prior Lake - ;:~::: . At~~ A. Calculation of the total family inccme sbal.l be ;:O:.O,i.:-., . det~"",niM by the SUIIIIltion of all available inccme scw:ces of ~e ..tl"':-~t .~...t.. .-.......,<CCzrnt aDd IDccme ~.. .flied in th ......1 of, ti sbould be ';:' .'1.:;, ~t'~'. spcuse. Q~ e ~~ca on ;;.;.;: tl:le iDCCN of the year precedjnq the year in which the application is i':.....~. . lIII!lIC!e',' or' the average incx:me of the three yeaa prior to t.be year in 't:;: Which the application is 1III!ICe, wbic!:ever is less. -F;~: ....:::..~.~....: ~.'.~'~ assee-nts to be deferred a:ceed $1,000.00. ,,,;., .~... .....~t..; /,.;0._ .~.'#'. . .:::~. .:',,~, 8bau. be' c:bar;ed en any asaesSDent deferred pursuant t~ t:his Section at :'} . '~!E"~~'" a "rif;eequal'to' the ra1:e c:barged on other asseaments for the plrtic::ular pd:)lic ~~~~~ ~~..~t..pr:ojed: the a.sses3lJl!I1t is fm.nc:inq. Iftbe City eo.~n grants m ~t'~ ~~ -..' ..!.-.e .' .~,.;.~ .:.,.. ;,;..:.;: ,~.. . ;:,' --:- 4f':.~';:~ :,'... ,:A.~., .... ~'_~'";-"';"'J 'lL." '. ~ ....;.:......,:_... ~.~:.A".. -;.,,;'-----,.....~.-......... .--""'.-....-.....-. .' .._-.. -- -- J. .......- - - !S8eSSDent deferral to an applicant, the interest may also be deferred, or the interest my be due and payable on a yearly basis up until the assessment period ,,- terminates and only the principal is deferred. The decision as to whether the princi;al and interest or just the principal is deferred 13 decided by the City Council when considering the application. ~i.on rn '. NcIt withstanding the foregoing provisions of this Section, the City Council, upon r~ndation by the City Manager, my consider exceptiOnal and unusual circtDStances pert:aining t~ a t=i1Ysical hardship relating to an applicant not covered by tl'd conditions in Section II. 'l1Us authority is granted to the Ci'ty Council pursuant to Section 435.193 of the Minnesota statutes. Any deteClination shall be made in a nondiscr:iminatory IIIII1ner and shall not give the applicant an unreasonable preference or advantage ov~r other applicants. For tmy :..ndividual who does not qualify under the oor.ditions set forth in Section II, the follcwinq conditions my qualify an applicant for an assesszent deferral. A bardsbip is deened to exist if the applicant meets all of the followinq coDditions: 1. An applicant IIIIst be retired by reason of permanent a.rx1/or total. disabili'ty and mst own a legal or equitable interest in the property applied for which mst be the 1xmeste8d of the applicant. 2. '!be ammal gross incaDe of the applicant shall not be in exess of ~ :iDcaIIe limits as set forth by family sUe for the City of Prior Lake - ~n-~t A.. Calculation of the total family incx:me shall be C determinM by the SUlIIDItion of all AV"ibhle incaDe scurces of the applicant and sp:use. Inccme s;ecified in the application slxWd be the ~ of the year preceding the year in which the application is made, or the aveage ino:::me of the three years prior to the year in which the application is made, whic:heV'er is lesser. 3. 'I!2e total sp!Cial assessuent:s to be deferred exceed $1,000.00. Pe~t and/or total disability shall be determined by using the criteria established for "p!manent and total disability- for Wor!cman' s ~nsation, to wit: 1. ~ total ~ permanent loss of the sight of both ~s. 2. ~ loss of both atmS at the shoulder. 3 . '!he loss of both legs so close to the bips that no effective artificial DBi::lea can be used. ". Ccmplete and pe.czsnent paralysis. 5. 'l'otal and permanent loss of mental faculties. 6. Arty other injury which tctally inc3pacitates the owner fran werking at an <X'~ticn which brings lrlm/ber an incane. An ~icant 1II1St scbstantiate the retirement by reason of pel:lllanent and/or total disability by prodding a swom affidavit by a li~ mediau. doct:or attstincJ that tbe applicant is unable to be gai.'1fully employad becanse of'. a pemsnent and/or tctal disability. 0 2 ~:""""""".,---- '-, ~ion~ '!'he option to defer the plyment of special assesSI2nts shall teJ:mi.r..ate and all amount:3 acctmllated plus applicable interest shall b!caoe due upo."'I the occurrence of any one of the following events: '. 1. '1b! death 0: ml ~ner when there is no spouse eliqible for dcfecnent. 2. The sal~, transfer, or subdivision of all or any part of the prOt=erty, if such t::ansction creates an increase of J?roperty v:a.ll1!! equal to or greater than the amount of the deferred assessnent or if the net sale proceeds derived are equivalent to or greater t:hm the deferr!C1 amcunt. Arty transtld:i.OD that produces a lesser result shall be reviewed by C.(lJmcil lIS to its effect upon the deferred assesauent liP a whole. A prQp)rtionate amcunt of the deferred assessment may ~ required to becc:l8e current, if such transaction occurs on a piecemeal basis, to prevent: overloading of assesSll2I1t.s on the residual prOp!rty. 3. Leas of hcmestead status on the prop!rty. 4. Detemination by the City Ccuncil for lmY reason that tbe:e wculd be no hardship to require i.1II!I!di3.te or partial payment. S. hilure to file a reneo..el application within the time prescril:ed .in Section I aJ::x:we. . cpon the cccurnr.ce of one of the E!'leD'ts ~ified in Section "N, the City ec.mr::il shall ceminate the defeJ:lD!Dt. '1b!reupon the City Mlma9'!r shall notify .0 the Ccmlq .Auditor ace! Ccunty Assessor of the tetm.:lnatioD, including the a:DOUni:s .~ 1C'~1~ on ar:paid pr:md.pal .insta.lJ.meni:s, plus tDf applicable interest, 1d1ic:h sball~" -.;' due and ~le as a result of the tetmination. 'lb! City MBnager DJ:f negotiate m3 establish a ~ sd3edule on tlle pr:incipsl m:1 intanst cwed after t...,.,.. detement t:etminate. ~i.m'l V Roth:inq bereirl shall be construed to proh.1bit the City C::Im::il fran t"O"IriMdDg an application of budahip on the basis of e1OCept.ior.al and '''"''"".ai cil:c::.m&tmces which are z:ct COV'ead by the atanda..-ds and guidelines as set f:)rth in this ordi~. This ccnsideration and detetminatiOD must: be maCe in a na1-discr:imimtory manner so as no/: to give the applicant an unreasamble preferex:e or advantage over other applicants. '!his orni~ shall be ef~..ive frcm ar..d after its passage and pa,lication acc:crd:mg' to law. Passed by the City CcmJcil of the City of Prior Lake, ~~ t1tis 18th. day of ~~ . 1986. ~: ~~'ftUj~ C1ty ~r .. " . ." f-"7~~ U,n~~"c-.. ~r I:) Poblished in the Prior Lake American ~ 2M day of ~ 1386. 3 .. .