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HomeMy WebLinkAbout8C - Special Assessment Hearing - City Project 99-11 CITY COUNCIL AGENDA REPORT SUBJECT: OCTOBER 18. 1999 8C SUE MCDERMOTT, ACTING PUBLIC WORKS DIRECTOR! CITY ENGINEER CONSIDER APPROVAL OF THE FOLLOWING RESOLUTIONS: DATE: AGENDA #: PREPARED BY: 99-XX DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR PROJECT 99-11 CANDY COVE/LAKESIDE MANOR IMPROVEMENTS. 99-XX ESTABLISHING THE DATE OF THE ASSESSMENT HEARINGS FOR PROJECT 99-11 CANDY COVE/LAKESIDE MANOR IMPROVEMENTS. DISCUSSION: HISTORY Project 99-11 is included in the 1999 Capital Improvement Program and has received numerous City Council approvals to date. At the July 19, 1999 Council Meeting, the Council awarded bids for the Candy Cove/Lakeside Manor improvement project. This project includes storm sewer and street reconstruction on Candy Cove Trail, Lemley Circle, Woodlawn Circle, Manor Road, and Hill Circle. The City has executed a contract with Northwest Asphalt to construct the project. Due to litigation involving the contract award, a portion of the project may be completed during the 1999 construction season with the majority of the work being done in 2000. The Assessment Review Committee met on March 10, 1999 to review these projects and the proposed assessments. The purpose of the committee is to assist the staff in its evaluation of all properties in accordance with the City's Assessment Policy and review the staff proposed assessment rolls. The committee consists of two councilmembers (currently Councilmembers Petersen and 162gQ.~&b~~~e. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Schenck), the City Manager, Finance Director, and City Engineer. The Assessment Review Committee recommended assessing the project on a unit basis. The unit basis assessment means each property owner on a project, regardless of front footage, should have the same assessment. CURRENT CIRCUMSTANCES A special assessment hearing was held on October 4th. The council directed the assessment committee to meet in order to look at spreading the assessment for the Lakeside Manor Association property over the 58 members. The Special Assessment Committee has reviewed the association request and recommends the following: 1. That the assessments for the Lakeside Manor Association be respread so that the project costs associated with the common property be equally divided between the association properties. 2. That the special assessment hearing be reconducted so that association members have an opportunity to share any concerns they may have with the council in light of the change in assessment and the fact that the other hearing was closed. The City Attorney concurs with these recommendations. AL lERNA liVES: The alternatives are as follows: 1. Approve Resolution 99-XX declaring the costs to be assessed and ordering the preparation of the proposed assessment rolls for Projects 99-11 Candy Cove /Lakeside Manor Improvements; and approve resolutions 99-XX establishing November 1, 1999 for the assessment hearing. 2. Deny the resolutions for a specific reason and provide staff with direction. 3. Table this item for a specific reason. G:IAGENDA(\ccASSESS.DOc RECOMMENDED MOTION: A motion and second to approve Resolution 99-XX declaring the costs to be assessed and ordering the preparation of the proposed assessment rolls for Projects 99-11 Candy Cove/Lakeside Manor Improvements; and approve Resolution 99-XX establishing the November 1, 1999 City Council meeting for the assessment hearings. REVIEWED BY: G:IAGENDA(\ccASSESS.DOC RESOLUTION 99-XX MOTION BY: SECOND BY: WHEREAS, bids have been received and costs have been determined for the improvement of Candy Cove/Lakeside Manor Improvements, Project 99-11, and the contract price for such improvements is $696,739.63 and the expenses incurred or to be incurred in the making of such improvements amount to $176,256.85 so that the total cost of the improvements will be $872,996.48 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The portion of the cost of such improvements is to be paid by the City is hereby declared to be $567,484.67 to be drawn from the Trunk Reserve and Tax Levy, and the portion of the cost to be assessed against benefited property owners is declared to be $305,511.81. 2. Assessments shall be payable on an equal principal installment method extending over a period of 10 years for street improvements. 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 a minimum of 8% per annum from the date of the adoption of the assessment resolution. 3. The City Manager, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvements against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Manager shall upon the completion of such proposed assessment, notify the Council thereof. Passed and adopted this 18th day of October, 1999. Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner YES NO {Seal} Frank Boyles City Manager l~~M~EMA~~~&E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF PUBLIC ASSESSMENT HEARING PUBLIC IMPROVEMENT PROJECTS 99-11 CANDY COVEILAKESIDE MANOR ADDITIONS CONSTRUCTION OF STORM SEWER, AGGREGATE BASE, CONCRETE CURB AND GUTTER, BITUMINOUS SURFACING, AND APPURTENANT WORK IN THE CITY OF PRIOR LAKE, SCOTT COUNTY, MINNESOTA Notice is hereby given that the City Council of the City of Prior Lake, Minnesota will meet in the Council Chambers at Fire Station No.1, 16776 Fish Point Road, on Monday, the 1st of November, 1999 at 7:45 P.M. to consider the assessment of the following: PROJECT DESCRIPTION 1("'7r'tt."""'~T ... "'''1I:Ta.T ,......-r.,..,..... "rt l'l' UVULAl'l' 1"1 LIKLL~ CANDY COVE TRAIL. MANOR ROAD. IDLL CIRCLE. LEMLEY CIRCLE AND Reconstruction of Candy Cove Trail north of T.H. 13, Manor Road, Hill Circle, Lemley Circle, and Woodlawn Circle including storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work. The area proposed to be assessed is every lot, piece, and parcel benefiting from said improvements, whether abutting or not, within the following described areas: Within Section 36, Township 115 North, Range 22 West, Scott County Minnesota. Specific property descriptions included in the above described area, but not inclusive, are. as follows: Candy Cove Park Lakeside Manor First Addition to Lakeside Manor Second Addition to Lakeside Manor Third Addition to Lakeside Manor The estimated total of the assessment roll is $305511.81. The Council proposes to proceed under the authority granted by Chapter 429 M.S.A. 16200 Eaole Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 g:lprojecu\1999\llcandylpubhear.doc AN EQUAL OPPORTUNITY' EMPLOYER The proposed assessment roll is on file in the City Manager's office and any written or oral objections will be considered at the public hearing. No appeal may be taken as to the amount of any assessment unless a signed, written objection is filed with the City Manager prior to the hearing or presented to the presiding officer at the hearing.' An appeal to district court may be made by serving notice upon the Mayor or City Manager within 30 days after adoption of the assessment roll and filing such notice with district court within 10 days after service upon the Mayor or City Manager. The City also has adopted a deferred assessment ordinance whereby the City Council may defer the payment of special assessments for those individuals who are permanently disabled or have attained the age of 65 or older. Guideline criteria and applications are available at City Hall. Applications must be made within 30 days following the adoption of the assessment roll by the City Council. Dated: October 11, 1999 /s/ Frank Boy~ J I City Man~ Published in the Prior Lake American, October 16 and October 23, 1999. g:\projects\l999\llcandy\pubhear.doc RESOLUTION 99-XX ~/NNESOi.~ RESOLUTION ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR PROJECT 99-11 CANDY COVE/LAKESIDE MANOR IMPROVEMENTS MOTION: SECOND: WHEREAS, by a resolution passed by the Council on October 18, 1999, the City Manager was directed to prepare a proposed assessment of the cost of improvements for Project 99-11 Candy Cove/Lakeside Manor Improvements; and WHEREAS, the City Manager notifies the Council that such proposed assessment will be completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. A hearing shall be held on the 1st day of November, 1999, in City Council Chambers at 7:45 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. 2. The City Manager is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he 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. 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, 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. He may, at any time thereafter, pay to the City Finance Director the entire amount of the assessment remaining unpaid, excepting the installment portion appearing upon the current year's property tax statement. Passed and adopted this 18th day of October, 1999 Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner YES NO {Seal} Frank Boyles City Manager 1~~~h~~~~f.Jll9f S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . .~.