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Home My WebLink About6B - Forest Circle / Forest Oaks Improvement Prj. 93-13 AGENDA NUMBER: PREPARED BY: SUBJECT: 6B BRUCE LONEY, ASSISTANT CITY ENGINEER CONDUCT ASSESSMENT HEARING ON FOREST CIRCLE/FOREST OAKS IMPROVEMENT - PROJECT #93-13 _ CONSIDER APPROVAL OF RESOLUTION 93-100 NOVEMBER 15, 1993 DATE: INTRODUCTION: The purpose for this Public Hearing is to consider the assessments for the paving and sewer and water improvements associated with Project 93-13 and for the adoption' of the assessment roll. BACKGROUND: At its regular meeting of November 1, 1993, the Council approved Resolution 93-93 which declared the cost to be assessed and ordered the preparation of the assessment roll. Also Resolution 93-90 establishing the date of the Assessment Hearing for the Forest Circle/Forest Oaks area improvements was passed. DISCUSSION: All property owners have been mailed a Statement of Special Assessments which included all appropriate information pertinent to their property. A Public Hearing notice was also included indicating time and place of the Assessment Hearing. The preliminary assessment roll as authorized by the City Council amounted to a total of $100,744.86 which represents approximately 80% of the project cost of $155,072.29. An additional amount of $22,500.00 was prepaid by the developer of Forest Oaks First Addition. The assessment total with the prepaid amount is $123,244.86. The remainder of the project cost difference is to be paid by the City's Trunk Reserve Funds of $31,827.43 to pay for storm sewer improvements. The developer was charged the City's storm water management assessment rate for residential development and this amount paid was $23,302.44. The following rates were utilized in calculating the individual assessments for the property owners on the assessment roll: Street Paving for Forest Circle Residents: $ 2,000/unit 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDATION: ALTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: AG6B.WRT Sewer, Water & Paving (Forest Oaks) $13,524.98 The developer had agreed earlier during the Public Hearing for approving the project to limit the Forest Circle residents assessment to $2,000.00 maximum. The remaining assessment for the project was to be distributed over the seven lots within Forest Oaks First Addition which benefit from the improvement project. The unit assessment of $13,524.98/unit represents an increase of nearly 31.3% when compared to the initial Public Hearing rate of $1O,300.00/unit. These higher rates are due to higher bid prices then estimated in the Feasibility Report and from the developer limiting the street assessment to the Forest Circle residents. All property owners have signed a Waiver of Assessment appeal for the amounts to be assessed as shown on the assessment roll. All unit assessments were determined as per the City's assessment policy. The assessment terms are to be a period of ten (10) years for paving, sewer and water. The interest rate will be 6% added to the first year installment (1994) will be an additional 46 days of interest which account for the remaining days of 1993 following the Public Hearing. Depending upon the input received at the hearing, the Council can discuss whether the Assessment Roll is accurate or if corrections are necessary. The alternatives are as follows: 1. Approve Resolution 93-100 adopting the assessment roll as submitted. 2. Approve Resolution 93-100 subject to Council approved changes. 3. Continue the hearing for a specific reason. There is no direct impact upon the annual operating budget as bonds have been issued in 1993 which were dependent upon assessments as a result of commercial land sales within the Business Park and an annual ad valorem tax levy should a delinquency shortfall occur. Motion to approve Resolution 93-100 contingent upon Council amendments. MOTION BY: RESOLUTION 93-100 RESOLUTION ADOPTING ASSESSMENT FOR FOREST CIRCLE/FOREST OAKS IMPROVEMENTS PROJECT #93-13 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 93-13. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA: I. 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 .1.Q years. The first installment shall be the annual principal plus interest calculated from the Public Hearing date to the end of this year plus the twelve months of the next year and shall bear interest at the rate of !i 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,~. 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 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 $155,072.99 of which $31,827.43 shall be paid from the City's Trunk Reserve Fund and 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER $22,500.00 of pre-paid assessment by Forest Oaks developer and $100,744.86 to be assessed to the benefitted property owners as per attached assessment roll. Passed and adopted this _ th day of , 1993. YES NO Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White Frank Boyles City Manager City of Prior Lake {Seal} RS9399.WRT DESCRIPTION: ASSESSMENT HEARING DATE: ASSESSMENT RATE: ASSESSMENT CODE: INTEREST RATE: SPREAD: INITIAL YEAR: ADDITIONAL INTEREST: PAYMENT METHOD: LEGAL DESCRIPTION & PARCEl NUMBER Forest Oaks 1st Addition Lot 1, Block 1 25-287-001-0 Lot 2, Block 1 25-287-002-0 Lot 3, Block 1 25-287-003-0 Lot 4, Block 1 25-287-004-0 Lot 5, Block 1 25-287-005-0 Lot 6, Block 1 25-287-006-0 Lot 7, Block 1 25-287-007-0 Shangri-La Lot 1, Block 1 25-165-001-0 Lot 2, Block 1 25-165-002-0 P/O Lots 2-3, Block 1 25-165-004-0 9313AR.WRT PROJECT #93-13. FOREST CIRCLE & FOREST OAKS NOVEMBER 15. 1993 UNIT ASSESSMENT ($2.000.00/$13,534.98) SEWER, WATER. & PAVING - 86 6.0% SEWER, WATER, & PAVING - 10 YEARS 1994 46 DAYS EQUAL PRINCIPAL PROPERTY OWNER & ADDRESS CURRENT SEWER, WATER, & PAVING AMOUNT J.M.P. Development, Inc. Robert Paschke 5590 Forest Court Prior Lake, MN 55372 J.M.P. Development, Inc. Robert Paschke 5610 Forest Court Prior Lake, MN 55372 J.M.P. Development, Inc. Robert Paschke 5630 Forest Court Prior Lake, MN 55372 J.M.P. Development, Inc. Robert Paschke 5635 Forest Court Prior Lake, MN 55372 J.M.P. Development, Inc. Robert Paschke 5615 Forest Court Prior Lake, MN 55372 J.M.P. Development, Inc. Robert Paschke 5595 Forest Court Prior Lake, MN 55372 J.M.P. Development, Inc. Robert Paschke 15255 Forest Circle Prior Lake, MN 55372 $13,534.98 AMENDED $13,534.98 AMENDED $13,534.98 AMENDED $13,534.98 AMENDED $13,534.98 AMENDED $13,534.98 AMENDED $13,534.98 AMENDED Craig A. Vogt 15200 Forest Circle Prior Lake, MN 55372 Glen M. & Lisa A. Sass 15220 Forest Circle Prior Lake, MN 55372 Jennifer Nelson 15234 Forest Circle Prior Lake, MN 55372 CURRENT PAVING AMOUNT $ 2,000.00 $ 2,000.00 $ 2,000.00