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HomeMy WebLinkAbout6A - Ridgemont Ave Prj. 95-01 AGENDA #: PREPARED BY: SUBJECT: DATE: 6A JEFFREY T. EVENS, ENGINEERING TECHNICIAN IV CONTINUATION OF ASSESSMENT HEARING ON RIDGEMONT AVENUE STREET IMPROVEMENT PROJECT #95-01 - AND CONSIDER APPROVAL OF RESOLUTION 95-90 OCTOBER 2, 1995 INTRODUCTION: The purpose of this agenda item is to consider adoption of the assessment roll associated with Project #95-01 and the adoption of Resolution 95-90. BACKGROUND: At its regular meeting of August 21, 1995, the Council approved Resolution 95-78 which declared the cost to be assessed and ordered the preparation of the assessment roll. Also Resolution 95-76 establishing the date of the assessment hearing for the Ridgemont Street improvements was passed. At the September 18, 1995 Council meeting the assessment hearing was conducted. Written and oral comments were received and entered into the record. The Assessment hearing was continued to October 2, 1995 at 7:35 P.M. to allow City staff to revise the assessment term for the sewer and water assessments from 10 years to 20 years. Staff was also directed to investigate if the proposed assessments are consistent with others that have been approved within the city and whether there are internal inconsistency problems if some parcels are assessed for street at 100% and others at 60/40%. ISSUES: Issues were raised at the hearing both by the public and by members of the City Council. Responses are provided below: 1.) The sewer and water assessment term by City policy is for 20 years not 10 years as proposed for Ridgemont? 16200 &lgIel6i.neek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The term for the sewer and water portion of the assessment has been revised from 10 years to 20 years as reflected in the attached assessment roll, as per Council direction. The change affects three of the nine parcels to be assessed. It has the affect of reducing their annual installment by approximately 26%. However interest dollars over the entire 20 year term would increase by 86%. The reasons that the sewer and water term was recommended for 10 years instead of 20 years as set forth in our policy is: 1. The length of repayment for the bond issue was for 10 years and it is desirable for the assessment term to correspond with this time frame. 2. Relatively few property owners (3) were affected by this change. 3. The amount of the sewer and water assessment rate was considerably less than past projects, therefore it would save the property owners interest dollars by having a shorter term. Staff should have provided the Council and Public with the rationale as part of our written or oral report. 2.) Some lots are receiving 60/40% street assessment while others are receiving 100% street assessment. Is this contrary to the policy in that it is not "uniform in relation to the same class of property within the assessment area? " The reason for the different percentage methods is because the type of benefit differs, ie., street reconstruction versus utility installation. Therefore it is important to apply a uniform assessment method which relates to the same type of benefit provided, This has been accomplished as all parcels served with sewer and water have been assessed uniformly (100%) and those receiving street upgrading only assessed at 60/40%. It has been past practice to assess 100% of the sanitary sewer, water, and street cost to the benefiting properties when these utilities are installed the first time regardless if AGRID102.DOC their existing street consisted of bituminous paving or a gravel surface. The reason for this underlying assumption is that the street must be removed in order to install sewer and water lines and as such becomes a cost of utility installation. Therefore no credit is applied toward assessment rates which results in 100% being assessed. A good comparison to the Ridgemont project is the North Shore Oaks project constructed in 1990. On August 14, 1978 City Council approved an assessment roll for the paving of the roads in North Shore Oaks 1 st, 2nd, and 3rd Addition. Years later at the September 17, 1990 Council meeting the Council approved a assessment roll which assessed the benefiting properties for 100% of the project cost for the installation of streets, sanitary sewer, and water. This is consistent with the proposed assessments for project 95-01, Ridgemont Avenue Improvements. All three properties that are being assessed 100% for sewer, water, and streets did not have City sanitary sewer and water. This project extended the sanitary sewer and water to these properties with services to their lot line. 3.) The 60% assessment for street reconstruction is too high and should be reduced? The City has been able to sustain the 60% assessment in the past. This is the same amount which has been used in numerous street reconstruction projects. If the council would like to consider a change it should be done when there are not projects before us. 4.) Other residents who use Ridgemont as the access to their home or for access to Lakefront Park should be assessed, say $300 per parcel. Minnesota Statutes Chapter 429 which regulates special assessments do not allow us to spread assessments over parcels which have not received special benefit. There is no question that the lots immediately adjacent have received special benefit through improved access to their homes, concrete curb & gutter, better storm water control, etc. It is more difficult to ascertain special benefit for others. The proposed assessment addresses this issue by having the City pay for 100% of the street, sewer and water AGRID102.DOC assessment for the 964' frontage of Lakefront Park. The 60/40% assessment also disperse 400/0 of the cost of the assessment to the general public who directly benefits. In total the assessment amount is 51 % while 490/0 of the project cost being paid by the general public. 5.) The value of the properties will not be improved at the same level as the assessments. The City Council cannot make this finding. To the best of our understanding the special benefit can be sustained. The final determination will be through further appeal if that is what property owners elect to do. DISCUSSION: The City must recover the expense of installing public improvements, if undertaken, while ensuring that each parcel pays its fair share of a project cost accordance with the assessment policy. While there is no perfect assessment policy, it is important that the assessments be implemented in a reasonable, consistent and fair manner. The policy has been followed in the past and is intended to be followed as written in the future. The policy of distributing street overlay cost on a 60/40% basis was originally established by Ordinance 85-01, then was incorporated into the City formal assessment policy on February 21, 1989, and reaffirmed by Council as an equitable distribution method during the Prior South assessment discussion in 1994. For comparison's sake we have compared Ridgemont to other road projects. The comparison is as follows: 1000/0 Assessment Projects -Street.. Sewer & Water North Shore Oaks NO. 90-13 $101.80/FF Ridgemont Avenue NO. 95-01 $100.66/FF 600/0/400/0 Assessment Projects Prior South NO. 94-01 Northwood Road NO. 94-02 Ridgemont Avenue NO. 95-01 $54.47/FF $54.47/FF $37.09/FF The City has received one letter objecting to the assessments from Mr. and Mrs. Larry Haferman, 15831 Ridgemont Avenue S.E., Prior Lake, MN. PID #25-936- AGRID l02.DOC ..----"""'-,.".,_..,~,.~~~-,..~. ~ ~.~"."..',~,.-~..",,"...'~'~.'-'~~"'" 015-0, and the Council also received a written petition signed by 9 out of the 10 effected property owners, which is attached. ALTERNATIVES: The alternatives are as follows: 1. Approve Resolutions 95-90 adopting the assessment roll as submitted. 2. Approve Resolutions 95-90 subject to Council approved changes and revise Resolution 95-78 to reflect any changes to the assessment amounts. There are only two potential revisions which could be considered, one is inconsistent with previous practice and the other with special assessment policy. Option (1) is to assess the three parcels proposed for 100% street assessment on a 60/40% basis. Option (2) would be to assess them 100% but also spread the street assessment for 20 years rather than 10 years as provided by the special assessment policy. From a staff perspective option (2) is more preferable than option (1) for financial and past practice reasons. 3. Continue the hearing for a specific reason. RECOMMENDATION: Based on the following considerations it IS staffs recommendation to approve Alternative No.1. 1. The project Feasibility Report incorporated 100% street, sewer, and water assessments for the properties without sewer and water and 60/40% for lots with sewer and water. 2. Informational meetings subsequent to the project hearing were held and the assessment policy was explained and the assessment rates were discussed. 3. Resolution 95-78 establishing the amount to be assessed has already been approved by Council that was calculated on the combined basis of 60/40% and 100% methods. 4. Provide consistency with past practice. AGRID102.DOC FINANCIAL IMP ACT: ACTION REQUIRED: AGRID102.DOC The project costs will be recouped from the Trunk Reserve Fund, Ad Valorem Tax Levy and Special Assessments. 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"2 o bO c: .~ ~ * = = = IoC ~ ~ ...... fI:t IoC ...... ~ ~ QC = I"'- fI:t ?"'- M ...; ~ 1"'-.. ...... ." ...... fI:t ~ .;l -< ~ o ~ - o l/") 0'\ 00 :2 ..!:: o ~ .J o ~ 00 < 8 ,.j ...I ~ en <( ,~ O'NEILL, TRAXLER, ZARD, NEISEN & MORRIS, Ltd. A7TORNEYS AT UW UW BUILDING 222 EAST ldAIN STREET P. O. BOX lOj NEW PRAGUE, MINNESOTA 56071 ROBERT o. O'NEIll NORBERT B. TRAXLER STEVEN D. ZARD CHRISTOPHER A. NEISEN CHRISTOPHER E. MORRIS PhoM: (612) 758-2568 Fax: 758-2599 CERTIFIED MAIL September 7, 1995 City of Prior Lake 4629 Dakota Street S.E. Prior Lake, Minnesota 55372 ATTN: Mr. Frank Boyle RE: Haferman Property PID #259360150 Dear Mr. Boyle: This is to confirm that our office represents Mr. and Mrs. Larry Haferman who are the owners of the property located at 15831 Ridgemont Avenue S.E., Prior Lake, Minnesota. This letter is to notify you that we are objecting to the Assessment Notice for Public Improvement Project #95-01. Yours very truly, O'NEILL, TRAXLER, ZARD, 2~ & MORRIS, LTD. ./ /fl~/)- 1::- o . ert B. ~ler~ NBT/clv / cc: Mr. and Mrs. Larry Haferman September 6, 1995 TO: Presiding Officer/City Manager Public Assessment Hearing Public Improvement Project #95-01 Ridgemont Avenue Held September 18, 1995 @ Council Chambers RE: Excessive assessments to nine Ridgemont Ave.residents We, the undersigned, respectfully request that the City Council reconsider the proposed assessments, both with respect to the percentage of the project charged to these nine homeowners, currently proposed at 60%, and the number of homes bearing the brunt of the assessment, nine homes, versus the 150 homeowners who will benefit equally by the improvements to Ridgemont Avenue. IS 60 % A FAIR PERCENTAGE? While we recognize that each city can set its own guidelines as to the percentage of assessments charged to a given homeowner, we disagree with the proposed 60% levy on Ridgemont Avenue. Other communities in this area charge the following percentages: CITY HOMEOWNER % CITY % Shakopee 25 75 Chaska 20 80 Savage Case by Case Basis Burnsville 40 60 Eagan 45 55 Lakeville 50 50 Apple Valley 0 100 We feel that the City of Prior Lake is out of step with its contemporary cities. These city guidelines should be brought into line with similar communities south of the river. At a minimum, we would ask that 70 % of this project be paid for by the city and the homeowners pay no more than 30%. IS IT FAIR TO CHARGE 9 HOMEOWNERS FOR THE ASSESSMENTS WHEN OVER 150 HOUSEHOLDS AND COUNTLESS LAKEFRONT PARK PATRONS USE RIDGEMONT AVENUE AS THE ONLY ACCESS TO THEIR HOMES AND THE PARK? DID POOR CITY PLANNING CAUSE THE PROBLEM ? Ridgemont Avenue is an arterial road that must be used by all residents past the intersection of Ridgemont and Hope streets, (see Map), and all Prior Lake residents using Lakefront Park. The City Argues that the 40% of project costs they are assuming should make this a fair arrangement. We strongly disagree. Ridgemont Avenue takes the brunt of a great deal of traffic because its the only access road. That is why Ridgemont needed repairs in the first place. The City would have us believe that the road bed needed normal replacement due to the number of years of normal wear and tear. We would like to point out that the number of new homes constructed in the area, with the attendant large trucks hauling cement, lumber and scrap have contributed greatly to the deterioration of Ridgemont Avenue. We feel that due to poor city planning, with only one access road, that Ridgemont takes a disproportionate share of abuse and it is unfair to penalize the nine homeowners on Ridgemont for this poor planning. Your own letter states, liThe area proposed to be assessed is every lot, piece, and parcel benefiting from said improvement, whether abuttinq or not, within the following described areas: Ridgemont Avenue from Rutledge Street to 1600 feet South within the Hannen 2nd Addition,Mitchell Pond, Calvin Erbele's Addition, Edwards 1st Addition, and the The Oaks Subdivisions, and other adjacent property in sections 35 and 36, Township 115 North, Range 22 West, Scott County, Minnesota. It is our contention that the area to be assessed should be amended to include the 150 households who use this road .daily to go to and from work, go grocery shopping, have their children bussed to and from school, have their garbage picked up, etc. Without Ridgemont Ave, none of this could be possible. Those 150 homes benefit at least equally from the paving improvements on Ridgemont. A nominal charge of $300.00 per household would substantially reduce our disproportionate costs and still be reasonable to the 150 homeowners. I can't envision too large an uproar over a $300.00 per household charge...spread over 10 years at 8% that would be a whopping $43.68 per year for the other 150 households who must use this road. This is the only fair way to pay for the improvements on Ridgemont Ave, unless the City has concrete plans to construct another access to the area. Chapter 429 MSA gives the City approval to proceed with this project. It also states that the amount of the individual assessments has to be proportionate to the improvements. We seriously doubt that the value of our property will be enhanced at the same level as our proposed assessments. We challenge you to have benefit appraisals done by an independent appraisal firm to establish weather or not the assessments proposed equal a corresponding increase in our property values as 429 MSA states must be the case. In closing, while we do not wish to raise the specter of costly class action litigation, we are committed to appeal any decision which we feel is as unfair as the one currently proposed. We respectfully ask that you ,as elected officials, respond to our concerns in a fair and sincere manner,using something that seems to be in short supply so far, that being common sense. f';;li &~ btt/4tt1'N / S" lj~ S- !2/P?-6ftm! /lr;liE- s, (C . "I ,,1 ./ ." .'":' ..L.-t7-- '+ v ~ J ~.~ '.' ~'Loo'~ 9- f - ' ''''/"lf~ J 1.:)-(;;1/ /(d~~.-~/~ "it!: ./ f-~~jLJ ~fuJL 15?s<" ~~~ f1..". j {'. " ?7; ~..-r+ S{;u ---h1..~"'^-') IS7'fS- r<\D\Ovf~ tlw> S'€" . ~ ~ 0 edc; Menr rXS{ ~ tTJ'L .&uL~rvtkj /SSYd ~4- ~~E- ~t-~ <sed:: 1,:J-tPo::J- fljo&(~;(re5E rfJ.~~At~~ 1~~5 ~~~dAe5C2 o , '- c..; ,,( j ...., //, c . .- !. .-::J~~L' . (/.'14'11-- /s-Y.J I k , ('/~",~.11 /Iv < 5 i;;'- .... I COLLECTIVELY, THE RIDGEMONT 9 ATf1\CHi\-lU.,-UlfC u:rrcR or:: 0t:f1}, 101IYc)5 kE: PI)I~U C r,(c.e~:s 1- >~)lJ-; l-rt."K(2iA..Y5 "- I ~ /0 I. \.J \ I -! I O!r - f'lr- ---., . v-., ~~lL~ \ IQ 5't.. -.(.~, ,t:, +--' f,-'),TEZJ:ltciS;{)1 ,\'/ ~\'V ;f? . . 001 ~ ~ ~'\ !0~0 x.~ \ \) rf\~ ~~ ,-0 \\M \ \ ~. \\., ~~~~~. /'-.- ILl ~ <t > <t en ....1 :\)1 ...~ .. ~I . ..~ '..J ~~~I ..:i :.:.] '.. ...~ o . ..R~I t2i ''':'''IF RESOLUTION 95-90 RESOLUTION ADOPTING ASSESSMENTS FOR RIDGEMONT AVENUE STREET IMPROVEMENTS PROJECT # 95-01 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 # 95-01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepting and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable on an equal principal method extending over a period of 5. years for trunk acreage, .1.Q years for paving and 2.Q years for sanitary sewer and water. The first installment shall be the annual principal plus interest calculated from the Public Hearing date to the end of this year plus twelve months of the next year and shall bear interest at the rate of &..percent per annum from the date adoption of this assessment resolution. To the first installment shall be added 2.Q days of interest on the entire assessment from the date of this resolution until December 31, 12.2n. 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 the payment, except that no interest will be charged if the entire assessment is paid within 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. 4. The City Manager 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. 5. The final project cost apportionment has been determined to be $265,946.10 of which $26,000.67 and $97,036.00 shall be paid from the City's Ad Valorem Tax Levy and Trunk Reserve Fund, respectively, and $142,909.43 which includes $17,360 Trunk Acreage Charges, to be assessed to the benefited property owners as per attached assessment roll. Passed and adopted this 2nd day of October, 1995. YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Prank Boyles City Manager City of Prior Lake {Seal } RE9S0S/G:/resolu October 2, 1995 TO: Presiding Officer/City Manager Public Assessment Hearing Public Improvement Project #95-01 Ridgemont Ave. Held October 2, 1995 @ Council Chambers SUBJECT: Excessive assessments to nine Ridgemont Ave. residents We, the undersigned, object to the assessment for street reconstruction on Ridgemont Ave as proposed, on the bas.l....~... at said reconstuction assessments do not improve the./ a e of our respect' properties proportionately. i i /5&:7/ /S-ff3 m () It f. !I-ve/