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HomeMy WebLinkAbout8A - CR 12 Improvement Project Assessment Roll MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT OCTOBER 15, 2007 8A LARRY POPPLER, ASSISTANT CITY ENGINEER SPECIAL ASSESSMENT PUBLIC HEARING FOR THE COUNTY ROAD 12 RECONSTRUCTION PROJECT FROM TRUNK HIGHWAY 13 TO PHEASANT MEADOW LANE AND CONSIDER APPROVAL OF A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE PROJECT. Introduction This agenda item is necessary to adopt the assessment roll for the County Road 12 Reconstruction Project from Trunk Highway 13 to Pheasant Meadow Lane. Historv The County Road 12 Reconstruction Project from Trunk Highway 13 to Pheasant Meadow Lane (Project #04-02) was included in the 2007 Capital Improvement Program and has received numerous City Council approvals to date. At the April 16, 2007 Council Meeting, the Council ordered the improvements for the improvement project. Project #04-02 includes sanitary sewer, water main, storm sewer and street reconstruction. The County has executed a contract with Chard Excavating to construct the project. The project is planned to be substantially complete by November 15,2007. At its regular meeting of September 17, 2007, the Council approved Resolution 07-167, which declared the cost to be assessed, ordered the preparation of the assessment roll and established the date of the Assessment Hearing as October 15, 2007 for the County Road 12 Reconstruction Project. Current Circumstances All benefiting property owners have been mailed a Statement of Special Assessments, which included information pertinent to their property such as the total proposed assessment amount and the assessment rate. The Notice of the Special Assessment Hearing was published in the newspaper on September 22, 2007 and September 29,2007. Under State Statute, the City may only assess a property up to the amount the property is specially benefited by the public improvement. Special benefit is defined as the difference between fair market value before and after the project. The Property owners who believe that the proposed assessment exceeds the special benefit have a right to appeal their assessments as per Minnesota Statutes Chapter 429. Written objections must be signed and filed with the City Manager prior to the Assessment Hearing or presented to the Council at the Hearing. Within 30 days of the hearing, the owner must also file the appeal in District Court. No appeals were received at the time this report was prepared. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 We have apprised each of the property owners of our Deferred Assessment Program. ISSUES: The Assessment Review Committee met on February 5, 2007 at which time the following issues were discussed and recommendations made: Street and Storm Sewer Reconstruction Pursuant to the assessment policy, the street and storm sewer reconstruction should be assessed at up to 40% of the total project cost against the nine benefiting properties, based upon the special benefit created for each such property. Assessment Method The Assessment Review Committee recommends the unit method of assessment for County Road 12 due to the fact that the lots in the project area are of similar size and/or value. The estimated assessment rate is proposed at $6,107/unit. Trail Construction Trail construction is funded through the Capital Park Fund. FINANCIAL IMPACT: The total project City cost for Project #04-02 is $1,013,718.00. This cost is proposed to be funded through tax levy, enterprise fund, water quality fund, capital parks fund, streets operating budget, and special assessments. Of the total City project costs, $958,751.00 or 95%, will be paid through sources other than special assessment. The proposed amount to be assessed against the benefiting properties is $54,967.00. There are nine benefiting units that are being assessed at a 40% rate. Based on the foregoing, the proposed assessment rate is $6,107.00 per unit. This is the same assessment rate that was presented in the Feasibility Report and at the Public Hearing. At this point the dollar value of the original estimate is still valid as the project is not yet complete and the final costs are not yet determined. It is anticipated that the assessable portion of this project will not fluctuate to any great extent. These improvements will be financed through the Street Oversize Fund, Capital Park Fund, Utility Fund, Trunk Reserve Fund, and Water Quality Funds as approved by City Council Resolution 07-146 approving the cost participation with Scott County. The Council should open the public hearing, receive public input and then close the public hearing. If certain issues need additional study, those issues could be referred to the Assessment Review Committee for evaluation and recommendation; otherwise, it would be appropriate to approve the attached resolution. Statute requires that special assessments be certified to the County by November 30th. Since property owners must be allowed 30 days to payoff their assessments interest free, the assessment roll must be adopted prior to November 1,2007. ALTERNATIVES: The alternatives are as follows: 1. Approve a resolution adopting the assessment roll as submitted. 2. Approve a resolution subject to Council approved changes. 3. Close the hearing and direct the Special Assessment Review Committee to examine issues or concerns raised at the hearing and provide a recommendation for Council action at a special meeting. RECOMMENDED Alternative # 1 MOTION: ReVi1;t RESOLUTION ADOPTING ASSESSMENTS FOR THE COUNTY ROAD 12 RECONSTRUCTION PROJECT FROM TRUNK HIGHWAY 13 TO PHEASANT MEADOW LANE Motion By: Second 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 assessments for the County Road 12 Reconstruction from Trunk Highway 13 to Pheasant Meadow. 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. Such proposed assessment, a copy of which is attached hereto and made 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 benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable on an equal principal method extending over a period of ten (10) years for paving. 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 six (6) percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added seventy-five (77) days of interest on the entire assessment from the date this resolution is adopted to December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. 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 thirty (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. 5. The Finance Director 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. 6. The portion of the cost of such improvements to be paid by the City is hereby declared to be $1,013,718.00, and the portion of the cost to be assessed against benefited property owners is declared to be $54,963.00. PASSED AND ADOPTED THIS 15th DAY OF OCTOBER, 2007. YES NO Hau en Erickson Hedber LeMair Millar Hau en Erickson Hedber LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com R:\Council\Agenda Reports\2007\10 15 op't-bh~152~~2t1~~ / Fax 952.447.4245