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Home My WebLink About10C - Judith Anderson's Property Taxes PIN#25-901-024-1 , . MEETING DATE: AGENDA#: PREPARED BY: REVIEWED BY: AGENDA ITEM: INTRODUCTION: DISCUSSION: CITY COUNCIL AGENDA REPORT JULY 20, 1998 10C ROBERT D. HUTCHINS, BUILDING OFFICIAL DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION #98-XX ASSESSING TRUNK WATER ACREAGE CHARGE AND LATERAL WATER CHARGE UPON JUDITH ANDERSON'S PROPERTY TAXES ON PIN #25-901- 024-1 Attached is a letter from Judith Anderson requesting that the City assess the Trunk Water Acreage Charge and Lateral Water Charge to her property due to her financial inability to pay the charges at the time of utility connection. Historv The Anderson parcel is served by a well. The Prior Lake Baptist Church is extending city water to serve their new sanctuary addition located at 5690 Credit River Road next door to the Anderson property. The Anderson property can be served by the new municipal water line. (;urrent Circumstances The Anderson parcel has not been charged a Lateral Water Charge or a Trunk Water Acreage Charge. City Code 9-4-3 states: "At such time as a municipal water system becomes available, and within a one year period, property served by a private water system shall make a direct connection to the public water system . . " The date the new watermain is installed to the church addition is the date the municipal water system is available to the parcel. Ms. Anderson wishes to hook up to water immediately. The contractor who is installing the church 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CONCLUSION: FISCAL IMPACT: ALTERNATIVES: service would most likely install the service. The Issues Due to financial difficulties, Ms. Anderson wishes to have the Lateral Water Charge and Trunk Water Acreage Charge assessed upon the property taxes. In accordance with the Council's special assessment policy, the Lateral Water Charge will be assessed for a 20 year term at 8% interest per year and the Trunk Water Acreage Charge will be assessed for a 5 year term at 8% interest per year. Section 9-4-8 (c) of the Prior Lake City Code states: 9-4-8: PROPERTY ASSESSMENTS: No permit shall be issued to tap or connect with any water main either directly or indirectly from any lot or tract of land unless: (C) If no assessment has been levied, and no assessment proceedings will be completed in due course, but a sum equal to the cost of said utilities shall have been paid to the City as determined by the City Council, not to exceed benefit to the property. (Ordinance 87-02, 3-21-87) The Trunk Water Acreage Charge and Lateral Water Charge must be collected at the time of water hookup or assessed to the property taxes. Assessment is the preferred option in this case. The Lateral Water Charge is deposited in the Debt Service Fund for bond retirement and the Trunk Water Acreage Charge is deposited in the Trunk Reserve Fund for sizing the overall system. The remaining fees associated with the water connection must be paid at the time a Utility Connection Permit is issued. There are two alternatives for the City Council to consider: I. Approve Resolution 98-XX providing for the assessment of the Trunk Water Acreage Charge RECOMMENDED MOTION: REVIEWED BY: and Lateral Water Charge to the property taxes of the Anderson parcel. 2. Deny Resolution 98-XX providing for the assessment of Trunk Water Acreage Charge and Lateral Water Charge to the property taxes and follow Prior Lake City Code 9-4-8 (c) which requires payment of $4,981.00 at the time the municipal water permit is issued. Alternative # 1 <11\ RESOLUTION 98-XX RESOLUTION APPROVING IHE ASSESSMENT FOR TRUNK WATER ACREAGE CHARGES AND LATERAL CHARGE TO PROPERTY TAXES FOR PIN #25-901-024-1 MOTION BY: , SECONDED BY: \\'HEREAS, Judith Anderson has petitioned the City to assess the Trunk Water Acreage Charge and Lateral Water Charge against her property; and, WHEREAS, the Prior Lake City Code requires that either an assessment be charged for services or a connection fee be paid in lieu of an assessment; and, \\' HEREAS, the existing property is presently connected to municipal sewer; and, WHEREAS, municipal water will serve the property as a result of the extension of trunk water to the Prior Lake Baptist Church. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, to approve the assessment of the Trunk Water Acreage Charge and Lateral Water Charge in the following amount and term against PIN #25-901-024-1 beginning payable 1999. . ;-'r. g~~ L .~.:':',"~'~:::f'::Z!'''';.___ &1/< ,~ ,': \.,,;~- ... Jao:., J:..' .", AND FURTHER, do hereby direct the City Manager to certify this assessment amount with the Scott County Auditor. Passed and adopted this 20th day of July, 1998. YES NO Mader Kedrowski Petersen Schenk Wuellner Mader Kedrowski Petersen Schenk Wuellner {Seal} Frank Boyles City Manager City of Prior Lake '. .;. Juciy Am1ersQn S6JO Credit River Road Prior Lake, MN 55372- ,= June 18, 1998 Mr. Robert Hutchi'M!': City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, N1N 55372 RE: ASSESSMENT OF ACREAGE CHARGE AND LAu:.KAL CHARGE TO RESIDENCE AT 5680 CREDIT RIVER ROAD PID #25-901-024-1 Dear Mr. Hutchins: In response to your letter dated June 2, 1998 regarding the City's requirement for water hookup charged at my residence, I find that I am financially unable to pay for the acreage charge and lateral charges due at the time of water hookup. I am requesting that the City assess these charges upon my property taxes. I understand that I will have to approach the City Council for the request. The acreage charge of $1,981.00 can be assessed for a period offive (5) years and the lateral charge of $3,000.00 can be assessed for a period of twenty (20) years. This can be achieved according to Section 9-4-8 (c) of the Prior Lake City Code as follows: 9-4-8: PROPERTY ASSESSMENTS: No permit shall be issued to tap or connect with any water main either directly or indirectly from any lot or tract of land unless: (C) If no assessment has been levied, and no assessment proceedings will be completed in due course, but a sum equal to the cost of said utilities shall have been paid to the City as determined by the City Council, not to exceed benefit to the property, (Ord. 87-02,3-21-87) "!"'IIi.~ -~. '.11 .'JIr _', 1!''''''''_',......1II".~. of, .'11I . ~ . a>> ..,'''1'....I_!ll!..~.,. i." . .. Please let me know at which Council Meeting I can present this item. If you have any questions, please call me at (412) 447-8058 after 4:00 P.M. . Sincerely, r~~ Judy Anderson _,M iWI:t.,:; . . W ,~J...:.... :,~~. ~~, ;'~r~~ % ~ ,.