HomeMy WebLinkAbout7A, Resolution 2010-034 - Receiving Proposed Special Assssment Roll & Providing for Hearings for the 2010 PMPEN HILLS
Re uest for Council Action
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Prepared By: Kristine Giga, Civil Engineer
Council Meeting Date: June 28, 2010
Resolution 2010-034: Receiving proposed special assessment roll and providing for
hearings for the 2010 Pavement Management Program
Budgeted Amount:
$1,102,000
Actual Amount:
$982,444
Funding Source:
PIR, Enterprise Funds, Special
Assessments
Recommendation:
Adopt Resolution 2010-034: Receiving proposed special assessment roll and providing for hearings for the 2010
Pavement Management Program
Supportin� Documents:
• Memorandum dated June 28, 2010 from Civil Engineer Kristine Giga
• Draft agreements for 1645 Valentine Avenue and 4093 Valentine Crest Road
• Resolution 2�10-034
• Proposed Assessment Roll
�;.� EN HILLS :
MEMORANDUM
DATE: June 28, 2010
TO: Honorable Mayor and City Council Members
Patrick Klaers, City Administrator
FROM: Kristine Giga, Civil Engineer
SUBJECT: 2010 Pavement Management Program (PMP)
• Receive assessment roll and order assessment hearing
Back�round
On May 10, 2010, the City Council awarded the 2010 PMP proj ect to T.A. Schifsky and
Sons, Inc. A portion of the costs for the 2010 PMP proj ect are proposed to be assessed to
the benefiting properties. In order to assess these costs, the City must follow the Public
Hearing steps outlined in State Statute 429. At the June 14, 2010, City Council meeting,
the City Council adopted a resolution declaring costs to be assessed and ordering the
preparation of assessment rolls. The next step is for the City Council to adopt a
resolution receiving the proposed assessment roll and setting a hearing date for the
assessments. Public hearings are required in order to assess the cost of public
improvements.
Discussion
The project is proposed to be assessed consistent with the City's assessment policy,
which states that SO% of the costs for roadway improvements will be assessed to
residential properties, and the remaining portion financed using various City funds.
At the June 14, 2010, City Council meeting, staff requested direction from the City
Council on how to proceed with assessments on several parcels within the proj ect.
1645 Valentine Avenue and 4093 Valentine Crest Road:
These two properties have been identified as sub-dividable, according to current City
Code, therefore have been counted as two residential equivalent units (REU.) The City
Attorney provided several suggestions on how to proceed with these parcels. The City
Council directed staff to move forward with the option where the City and the property
owners sign an agreement which would be recorded against the property and contain the
following elements:
City Council Meeting
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l. Property owner acknowledges that bene�t will accrue upon subdivision of
property.
2. Property owner waives hearing requirements of Minn. Stat. 429 if subdivision
occurs.
3. Property owner agrees that the City does not have to approve a subdivision unless
the second assessment is paid.
Attached are draft agreements for these two properties. The City Attorney recommends
that these agreements are signed prior to the adoption of the assessment roll.
3 317 Katie Lane:
This lot is vacant and owned by the residents living on the adj acent lot. This vacant lot is
an approved platted lot and is considered buildable. The City Council directed staff to
proceed with this lot in the assessment roll.
Financial Implications
Assessment rate
The total amount to be assessed is $306,528.86. The total project cost is $982,443.88; the
amount to be paid by the City is $675,915.02. There are two proposed assessment rates;
one for the streets to be reconstructed (Valentine Avenue, Valentine Crest Road and
Valentine Court), and one for the streets to be milled and overlaid (Katie Lane and Katie
Court).
Reconstruction assessment rate
The current reconstruction assessment rate based on the low bids is $8,268.46
per unit, based on 31 units.
Mill and overlay assessment rate
,
The current mill and overlay assessment rate based on the low bids is $1,476.67
per unit, based on 34 units.
Interest rate
For the 2009 PMP, the City Council set an interest rate 4.8%, which was 2% over the
annualized rate of return (2.8%, May 2009).
The assessment policy states that the interest rate shall be set at prime plus two percent.
Prime rate is currently 3.25 %; this would mean an interest rate of 5.25 %. The current
annualized rate of return on the City's portfolio is 2.5%. If the City Council were to set
the interest rate at 2% over the annualized rate of return, the rate would be 4.5%.
Payment Period
The standard payment period is 5 years for a mill and overlay, and 10 years for a
reconstruction proj ect. The following table shows the annual assessment amount for the
scenarios listed above with 4.5% and 5.25% interest rates.
City Council Meeting
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Assessment Length of
amount payment Interest Annual TotalInterest
# REU ( er unit) ( ears) Rate a ment Paid
Reconstruction:
31 $ 8,268.46 10 4.50% $ 1,044.96 $ 2,358.50
10 5.25% $ 1,083.84 $ 2,776.90
Mill and Overla :
34 $ 1,476.67 5 4.50% $ 336.37 $ 236.87
5 5.25% $ 343.43 $ 277.46
Schedule
Assessment rolls must be adopted no later than September 27, 2010, to allow for a 30-day
pre-payment period. Following the pre-payment period, assessment rolls are certified to
Ramsey County for collection. The County requires that this certi� cation be done by
November 1 S in order to allow them enough time to add the assessments to property
taxes. The City plans to complete the certification by the end of October. As a result, we
recommend the following schedule for the 2010 assessment process:
June 2 8
July 14
Week of July 12
August 9
August 10 to
September 8
Conclusion
Resolution receiving assessment rolls, setting hearing dates
Notice of hearing published in the Shoreview-Arden Hills Bulletin
1Vlail notices to affected property owners
Assessment hearing; adoption of assessment roll
Prepayment of assessments (30 days)
The interest rate and length of payment must be set for this resolution. However,
following the assessment hearing and prior to adoption of the assessment roll, the City
Council may choose to adjust the interest rate and length of payment. The City Council
can not increase the proposed amount to be assessed once the preliminary assessment roll
is adopted, per Chapter 429 of the State statute.
Council Action Requested
Approval of Resolution 2010-034: Receiving proposed special assessment roll and
providing for hearings for the 2010 Pavement Management Program.
City Council Meeting
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DRAFT
AGREEMENT
1.0 Parties. This agreement ("Agreement") is entered into by and between the City of Arden
Hills, a Minnesota statutory city ("City") and Scot M. Peloquin and Melinda M.
Peloquin, husband and wife (collectively "Peloquin").
2.0 Recitals.
A. The City has awarded a contract for the construction of the 2010 Pavement
Management Project ("2010 PMP") which includes the reconstruction of
Valentine Avenue.
B. The City has adopted zoning and subdivision regulations ("Development
Regulations") which define minimum lot size requirements.
C. The City will specially assess a portion of the 2010 PMP cost against the parcels
receiving a special benefit from the construction of the 2010 PMP.
D. Pursuant to the City's Special Assessment Policy, a single family residential lot
would be specially assessed on a per lot unit basis. A"Lot Unit" is defined as a
platted single family residential 1ot which, according to the current Arden Hills
Municipal Code, cannot be further subdivided. A single family residential lot
which could be subdivided in compliance with the Arden Hills Municipal Code
would be specially assessed for a number of lot units equal to the number of lots
which could be created by a future ,subdivision.
E. Peloquin is the owner of the following described property ("Peloquin Property")
which has a postal address of 1645 Valentine Ave.:
(PIN 21.30.23.44-0007) Subject to Highways 10 and 393
and except the north 130 feet thereof, that part of the east
792 feet of the south one quarter (1/4) of the southeast one
quarter (1/4) of Section 21, Township 30, Range 23, lying
westerly of the centerline of Highway 10.
F. The Peloquin Property is located in an R-1 zoning district and is improved with a
single family dwelling and an attached garage.
G. The Peloquin Property is a lot which could be further subdivided into two (2) lots
and each resulting lot would comply with the general lot standards contained in
the current City Development Regulations.
H. The City is considering the possibility of specially assessing the Peloquin
Property for two (2) residential lot equivalents in order to equitably spread the
cost of the 2010 PMP.
I. Peloquin objects to being assessed for two (2) Lot Units and states that Peloquin
has no intent to further subdivide the Peloquin Property now or in the near future.
3.0 NOW THEREFORE, in consideration of the mutual undertakings herein expressed, the
parties agree:
A. The City agrees that it will specially assess the Peloquin Property for one (1) Lot
Unit at the present time and will forego the adoption of a deferred special
assessment roll for a the second Lot Unit; and will forego the adoption of the
supplemental assessment roll in the future if the subdivision of the Peloquin
Property occurs.
B. Peloquin agrees that:
1. It wi11 pay the special assessment of one (1) Lot Unit pursuant to the terms
of the Special Assessment Resolution to be adopted by the City for the
2010 PMP.
2. It will pay the equivalent of the special assessment for a second Lot Unit
when a subdivision of the Peloquin Property occurs in the future.
3. Peloquin agrees that if the Peloquin Property is subdivided into two (2)
parcels, the newly created second parcel will have received a special
benefit equal to the Lot Unit assessment levied by the City for the 2010
PMP.
4. The payment will be due and owing prior to the City's stamp of approval
on the deed or the plat which effectuates the future subdivision.
4.0 Successors and Assi�ns. This Agreement shall be binding upon the parties, their heirs,
successors and assigns.
0
IN WITNESS WHEREOF, the above-named parties have hereunto set their hands.
CITY OF ARDEN HILLS
B y.
.
Stanley Harpstead, Mayor
STATE OF MINNESOTA )
) ss.
C�UNTY OF )
On this day of , 2010, before me, a notary public within and
for said county, personally appeared Stanley Harpstead, to me known to be respectively the
1Vlayor of the City of Arden Hil1s, and he executed the foregoing Agreement and acknowledged
that he executed the same by authority of and on behalf of the City of Arden Hills.
Notary Public
3
Scot M. Peloquin
Melinda M. Peloquin
S TATE OF MINNES OTA )
) ss.
COUNTY OF )
On this day of , 2010, before me, a notary public within and
%r said county, personally appeared Scot M. Peloquin and Melinda M. Peloquin, husband and
wife, have executed the foregoing Agreement and acknowledged the same.
Notary Public
F:\usersUessica�.Terry\Arden Hi11s�Agreements�AH-Peloquin.v4.doc
4
, � �
AGREEMENT
1.0 Parties. This agreement ("Agreement") is entered into by and between the City of Arden
Hills, a Minnesota statutory city ("City") and Enrichs Holding Company, LLC, a
Minnesota limited liability company ("Enrichs").
2.0 Recitals.
A. The City has awarded a contract for the construction of the 2010 Pavement
Management Project ("2010 PMP") which includes the reconstruction of
Valentine Crest Road.
B. The City has adopted zoning and subdivision regulations ("Development
Regulations") which define minimum lot size requirements.
C. The City will specially assess a portion of the 2010 PMP cost against the parcels
receiving a special benefit from the construction of the 2010 PMP.
D. Pursuant to the City's Special Assessment Policy, a single family residential lot
would be specially assessed on a per lot unit basis. A"Lot Unit" is defined as a
platted single family residential lot which, according to the current Arden Hi11s
Municipal Code, cannot be further subdivided. A single family residential lot
which could be subdivided in compliance with the Arden Hills Municipal Code
would be specially assessed for a number of lot units equal to the number of lots
which could be created by a future subdivision.
E. Enrichs is the owner of the following described property ("Enrichs Property")
which has a postal address of 4093 Valentine Crest Road:
(PIN 21.30.23.43.0006) Lot l, Block 2, Houle Addition
F. The Enrichs Property is located in an R-1 zoning district and is improved with a
single family dwelling and an attached garage.
G. The Enrichs Property is a lot which could be further subdivided into two (2) lots
and each resulting lot would comply with the general lot standards contained in
the current City Development Regulations.
H. The City is considering the possibility of specially assessing the Enrichs Property
for two (2) residential lot equivalents in order to equitably spread the cost of the
2010 PMP.
I. Enrichs object to being assessed for two (2) Lot Units and states that Enrichs has
no intent to further subdivide the Enrichs Property now or in the near future.
3.0 NOW THEREFORE, in consideration of the mutual undertakings herein expressed, the
parties agree:
A. The City agrees that it will specially assess the Enrichs Property for one (1) Lot
Unit at the present time and will forego the adoption of a deferred special
assessment roll for a the second Lot Unit; and will forego the adoption of the
supplemental assessment roll in the future if the subdivision of the Enrichs
Property occurs.
B. Enrichs agrees that:
1. It will pay the special assessment of one (1) Lot Unit pursuant to the terms
of the Special Assessment Resolution to be adopted by the City for the
2010 PMP.
2. It will pay the equivalent of the special assessment for a second Lot Unit
when a subdivision of the Enrichs Property occurs in the future.
3. Enrichs agrees that if the Enrichs Property is subdivided into two (2)
parcels, the newly created second parcel will have received a special
benefit equal to the Lot Unit as ses sment levied by the City for the 2010
PMP.
4. The payment will be due and owing prior to the City' s stamp of approval
on the deed or the plat which effectuates the future subdivision.
4.0 Successors and Assi�ns. This Agreement shall be binding upon the parties, their heirs,
successors and assigns.
2
IN WITNESS WHEREOF, the above-named parties have hereunto set their hands.
CITY OF ARDEN HILLS
By.
.
Stanley Harpstead, Mayor
S TATE OF MINNES OTA )
) ss.
COUNTY OF )
On this day of , 2010, before me, a notary public within and
for said county, personally appeared Stanley Harpstead, to me known to be respectively the
Mayor of the City of Arden Hills, and he executed the foregoing Agreement and acknowledged
that he executed the same by authority of and on behalf of the City of Arden Hills.
Notary Public
ENRICHS HOLDING COMPANY, LLC,
a Minnesota limited liability company
�.
Its :
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2010, before me, a notary public within and
for said county, personally appeared , to me known to be respectively
the of Enrichs Holding Company, LLC, and he/she has executed the foregoing
Agreement and acknowledged that he/she executed the same by authority of and on behalf of the
Company.
Notary Public
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_ _ _
_.
. �
CITY OF A,RDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 2010-034
RESOLUTION RECEIVING PROPOSED SPECIAL ASSESSMENT ROLL AND
PROVIDING FUR HEARINGS FOR THE 2010 PAVEMENT MANAGEMENT
PRO GRAM
WHEREAS, by a resolution passed by the council on June 14, 2010, the City
Administrator was directed to prepare a proposed assessment of the cost for the City of
Arden Hills 2010 Pavement Management Program improvement of the following streets:
Valentine Crest Road, from Valentine Avenue to cul de sac,
Valentine Avenue, from Lake Valentine Road to Old Highway 10,
Valentine Court, from Valentine Avenue to cul de sac,
Katie Lane, from Cleveland Avenue to 1272 feet south,
Katie Court, from Katie Lane to cul de sac,
WHEREAS, the City Administrator has notified the council that such proposed
assessment has been completed and filed in his office for public inspection,
NOW, THEREFOR.E, BE IT RESOLVED by the Mayor and the City Council that:
1. A hearing shall be held at 7:00 p.m. on the 9th day of August, 2010 in the city hall at 1245
West Highway 96, to pass upon such proposed assessment. All persons owning property
affected by such improvement will be given an opportunity to be heard with reference to
such assessment.
2. The City Administrator 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 state in the notice the total cost of th�e improvement. 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 Administrator, except that no interest
shall be charged if the entire assessment is paid within 30 days from the adoption of the
assessment. An owner may at any time thereafter, pay to the County 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 November 15 or interest will be
charged through December 31 of the succeeding year.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 28th DAY OF JUNE, 2010.
Stanley D. Harpstead, Mayor
ATTEST:
Patrick Klaers, Administrator
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