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HomeMy WebLinkAbout5C 15947 Sunfish Set Assessment Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 10, 2016 AGENDA #: 5C PREPARED BY: LARRY POPPLER, CITY ENGINEER/INSPECTIONS DIRECTOR PRESENTED BY: LARRY POPPLER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION DECLARING COSTS TO BE AS- SESSED AND ORDERING PREPARATION OF AN ASSESSMENT ROLL AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR DEMOLI- TION COSTS AT 15947 SUNFISH TRAIL DISCUSSION: Introduction This agenda item is necessary to set an assessment hearing and to establish the amount to be assessed for the home demolition at 15947 Sunfish Trail (“Prop- erty”). History There was a single family dwelling structure and a garage structure located on the Property. Since November 2012 the City had received multiple resident com- plaints relating to the disrepair and lack of maintenance of the structures on the Property. The City, together with the Scott County Health Officer, inspected the Property and the structures were found to be in disrepair and to meet the definition of hazardous building under Minnesota Statutes. On April 11, 2016, the City Council adopted a Resolution ordering the owner of the Property, Mark Coffman, to repair, raze or remove the structures and directing staff to proceed with enforce- ment of the Resolution if Coffman failed to do so. Coffman did not repair, raze or remove the single family dwelling and garage by May 11, 2016 which was 30 days following city council action.. The City Attorney proceeded in Scott County District Court for enforcement of the City’s Resolution. The Court held a hearing on June 22nd and on July 1st, issued an order authorizing the City of Prior Lake to enter the Property, raze the struc- tures and assess the costs. The City received three quotes for razing the buildings. The low bid was selected and the buildings were removed on September 8th, 2016. The actual work con- sisted of removal of Asbestos, demolition of a house and garage and sealing of a private water well in addition to erosion control activities. Current Circumstances On September 26th, Scott County District Court reviewed and approved the City’s expenses and authorized the City Council to certify the amount of $31,467.64 as a special assessment onto the Property. It is now appropriate for the City Council to declare the amount to be assessed and schedule an assessment hearing for the costs. City Staff recommend assessment of the entire amount. 2 ISSUES: The demolition of the buildings at 15947 Sunfish Trail has been contentious. Police were present during the demolition process. State Statute provides that the entire amount is to be assessed for payment in one year which is reflected in the attached resolution. FINANCIAL IMPACT: The costs for demolition at 15947 Sunfish Trail are proposed to be assessed at $31,467.64, including City Staff and Attorney costs. A breakdown of the costs can be viewed in the attached Scott County District Court paperwork. ALTERNATIVES: 1. Motion and second as part of the consent agenda to approve a resolution de- claring the costs to be assessed, ordering the preparation of the proposed as- sessment roll for the demolition costs for 15947 Sunfish Trail, and establishing November 14, 2016 for the assessment hearing date. 2. Remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Motion and second for approval of alternative #1 as part of the consent agenda. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE DEMOITION AT 15947 SUNFISH TRAIL AND ESTABLISHING THE DATE OF THE ASSESSMENT HEARING AND PUBLICATION THEREOF Motion By: Second By: WHEREAS, Costs have been determined for the demolition at 15947 Sunfish Trail; and WHEREAS, The City Manager notifies the City Council that such proposed assessment 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 to be assessed against benefited property owners is declared to be $31,467.64. 3. Assessments shall be payable in a single installment per Minn. Stat. 463.21 and shall bear interest at the rate of 3.69% per annum from the date of the adoption of the assessment resolution. 4. The City Manager, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed, 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 City Manager shall upon the completion of such proposed assessment notify the City Council thereof. 6. A public hearing shall be held on the 14th day of November, 2016, in City Council Chambers at 7:00 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. 7. 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. 8. 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, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before December 14 or interest will be charged through December 31 of the succeeding year. PASSED AND ADOPTED THIS 10th DAY OF OCTOBER 2016 2 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager