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Home My WebLink About8A Assessment Roll for Unpaid Special Charges O � PRtp � � U � 4646 Dakota Street SE '�f�so'��' Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 28, 2013 AGENDA #: 8A PREPARED BY: CATHY ERICKSON, ACCOUNTING MANAGER PRESENTER: JERILYN ERICKSON, FINANCE DIRECTOR AGENDA ITEM: SPECIAL ASSESSMENT PUBLIC HEARING FOR THE 2013 UNPAID SPECIAL CHARGES AND CONSIDER APPROVAL OF A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE UNPAID SPECIAL CHARGES DISCUSSION: Introduction This agenda item is to conduct the special assessment hearing and to adopt the assessment roll for the 2013 Unpaid Special Charges. Hi StOry 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) snow and 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 On September 23, 2013 the City Council adopted a resolution declaring the costs to be assessed, preparation of the assessment roll and setting the date of the hearing. Last year, the following amounts were certified to the 2013 property taxes: Delinquent Utility Charges 2,847.35 Oak Wilt 3.594.13 Total Charges to be Assessed $6,441.48 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. All property owners with unpaid special charges have been mailed a Statement of Special Assessments, which included information pertinent to their property such as the total proposed assessment amount and the interest rate. The Notice of the Special Assessment Hearing was published in the newspaper on October 12, 2013. The Property owners who believe that the proposed assessment exceeds the special benefit have a right to appeal their assessments, first to the City Council and then, if necessary, to District Court. In order to perfect their right to appeal their assessment to District Court, a property owner must submit their written and signed objections to the proposed assessment to the City Manager prior to the Assessment Hearing or present it to the City Council at the Assessment Hearing tonight. Within 30 days of the Assessment Hearing, the property owner must also file the appeal in District Court. No appeals were received at the time this report was prepared. We have apprised each of the property owners of our Deferred Assessment Program. A list of the properties with unpaid special charges is included with this agenda report. Conclusion The Council should open the Assessment Hearing at the time set forth in the notice, or as soon thereafter as possible, receive public input and then close the Assessment Hearing. Statute requires that special assessments be certified to the County by November 30. Since property owners must be allowed 30 days to pay off their assessments interest-free, the assessment roll must be adopted on October 28, 2013. ISSUES: In order for the City to recover unpaid special charges incurred in 2013 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: I M PACT: Delinquent Utility Charges $4,231.41 False Alarms Charges 480.00 Total Charges to be Assessed $ 4,711.41 ALTERNATIVES: The alternatives are as follows: 1. Approve a resolution adopting the assessment roll as submitted or with amendments. 2. Deny the Resolutions for a specific reason and provide staff with direction. 3. Table this item for a specific reason. 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N � Gf 9 � a � C � C`� � y C � N N Ln d � U �+� d � N � a� Z mEnvZ aTi>c'oa�i m oa�i i`o R �`o N °' �y�inoy �+�¢��o�[�a¢� �cn�m�'c o.� ��c Z � o u a�i`O`.3��E coY a c�iww.R�'='E °'� a oi ar «� A 3 t m �'� �; °� � bJ � C t... � N N..;:, y v a, � o � o Q c ca O�m� °;�v��m�x¢`omzc� �n o`�u �¢a O� m N l0 O O O� N N O O O O O�� O � � p� 3 f) p p y Z r fD S N N O N�� O� n O� O� � � p � O O O O O� M �(V �a�� C�] C� N W � Z � � - b 10 � N N �f1 � � � b � � � b � b � � � N N IV IV N N N N N N N N N N N N N 6 N • o� p � O �P � � � u 4646 Dakota Street SE �INNES�� Prior Lake, MN 55372 RESOLUTION 13-xxx A RESOLUTION ADOPTING ASSESSMENTS FOR THE 2013 UNPAID SPECIAL CHARGES Motion By: Second 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 assessments for the 2013 Unpaid Special Charges. 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 proposed assessment for the 2013 Unpaid Special Charges, a copy of which is attached hereto and made 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 have benefited from the service provided by the City. 3. Assessments for Snow Removal, 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 2014. 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 2013 plus twelve (12) months of the next year and shall bear interest at the rate of 4.25% per annum. 4. The City Manager shall submit a list of the costs for services the City has incurred for unpaid utility bills, snow removal, mowing, and false alarms, as provided by law, and shall file a copy of such proposed assessment in the office of the City Manager for public inspection. 5. 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 including the delinquent assessment administration charge, with interest accrued to the date of the payment, except that no interest will be charged if the entire assessment is paid within thirty (30) days, and the 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 appearing upon the current year's property tax statement. 6. The Finance Director shall forthwith transmit a certified 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. 7. The portion of the cost to be assessed against benefited property owners is declared to be $4, 711.41 PASSED AND ADOPTED THIS 28� DAY OF OCTOBER, 2013. YES NO Hedber Hedber Keene Keene McGuire McGuire Morton Morton Souku Souku Frank Boyles, City Manager