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HomeMy WebLinkAboutItem 06.k�Q!� � , � e rte' Date: 10 April 2013 Item No. RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR CITY IMPROVEMENT PROJECT 13 -02 Proposed Action Staff recommends adoption of the following motion: Motion to approve the attached resolution calling a public hearing on proposed assessments for City Improvement Project 13 -02. Approval of the resolution will result in a special assessment public hearing for City Improvement Project 13 -02. Overview At its March 18, 2013 meeting, the Lakeville City Council approved a resolution calling for a public hearing on the proposed assessments for City Improvement Project 13 -02. Due to an oversight, the required legal notice regarding the assessment hearing was not published in the local paper. In order to satisfy the requirements of State Statute 429, which pertains to the special assessment process, the assessment hearing date must be revised to May 6, 2013, such that legal notice for the hearing can be published in the local paper. A revised assessment hearing letter to residents was prepared and mailed out to residents on April 10, 2013. Information regarding the change in the assessment hearing date was also posted in the City's website under the 2013 Street Reconstruction Project homepage. Staff was still available at 6:00 p.m. in the lobby of City Hall to informally answer assessment questions prior to the April 15, 2013 City Council meeting, as had previously been planned. Primary Issues to Consider Does this delay in the assessment hearing affect the construction schedule for the 2013 Street Reconstruction Project? Rescheduling the assessment hearing will not affect the construction schedule for this project. Both the hearing and award of the contract can occur at the same meeting and still meet proposed construction timelines. Supporting Information • Revised Notice of Assessment Hearing to be published in the local paper. • A copy of the revised assessment hearing letter to residents. hris er J. Petree Public Works Director Financial Impact: $7,419,734.00 Budgeted: Yes Source: 429 Bonds & Utility Funds Related Documents (CIP, ERP, etc.): Notes: CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION CALLING A PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR CITY IMPROVEMENT PROJECT 13 -02 WHEREAS, pursuant to the direction of the City Council, the City Clerk has prepared a proposed assessment roll on the cost of Improvement Project 13 -02 within portions of Donnay's College Park, Donnay's Valley Park, Donnay's Valley Park 2 °d Addition, Donnay's Valley Park 6th Addition, Southbluff, Clay's Acres, Dodd Terrace and The Meadows, City Improvement Project 13 -02; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: 1. A hearing shall be held on Monday, May 6, 2013 at the Lakeville Council Chambers, 20195 Holyoke Avenue, at 7:00 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 an opportunity to be heard with reference to such assessment. 2. The City Clerk 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 she shall state in the notice the total cost of the improvement. She 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 December 31, 2013, pay the assessment on such property in part or in whole without interest APPROVED AND ADOPTED this 15th day of April, 2013. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk 2 April 10, 2013 RE: Notice of Hearing on Proposed Assessment for the 2013 Street Reconstruction Project PARCEL ID: PROPERTY ADDRESS: AMOUNT TO BE SPECIALLY ASSESSED: Dear Property Owner: ** *DUE TO A PUBLICATION OVERSIGHT, THE PUBLIC HEARING TO CONSIDER THE SPECIAL ASSESSMENTS FOR CITY IMPROVEMENT PROJECT 13 -02, THE 2013 STREET RECONSTRUCTION PROJECT, HAS BEEN RESCHEDULED!*** A Public Hearing will now be held on Monday, May e, 2013 at 7.-0013.m. in the Council Chambers of Lakeville City Hall, 20195 Holyoke Avenue, for City Improvement Project 13 -02, the 2013 Street Reconstruction Project, that will affect your property. The purpose of the hearing is to provide property owners the opportunity to ask questions and provide comments regarding the project. Following public comment, the City Council will consider levying the improvements. The following is the area proposed to be assessed: Portions of Donnay's College Park, Donnay's Valley Park, Donnay's Valley Park 2 nd Addition, Donnay's Valley Park 6 th Addition, Southbluff, Clay's Acres, Dodd Terrace and The Meadows. City Staff will still be available outside of the Council Chambers beginning at 6:00 p.m. on Monday, April 15 , 2013, to informally answer your questions regarding the proposed assessments. This opportunity to meet with Staff before the Public Hearing is intended to provide residents with an opportunity to informally ask questions about their specific assessment. The total cost for the street improvement project is $7,419,734.00. The costs associated with the sanitary sewer repair work included in this project are $166,753.00 and will be financed with City Operating Funds and a Grant from the Metropolitan Council of Environmental Services ($68,602.00). The costs associated with water main replacement within the project area are $2,431,976.00 and will also be financed with City Operating Funds. The remaining street and storm sewer improvements proposed with the project ($4,821,005) will be financed with City taxes (60 %) and special assessments to the benefitting properties (40 %). The amount to be specially assessed against your particular lot, piece, or parcel of land is shown above. These amounts are to be assessed over 20 -years at 3.3% interest starting with the 2014 property taxes. Please be informed, this is the final assessment amount. No further notice or invoice will be sent prior to certification to the County Auditor. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the total or a portion of the assessment amount on such property. No interest shall be charged if the entire assessment is paid in 2013. In 2014 or future years, property owners may pay to the City of Lakeville the entire amount of the assessment remaining unpaid -- partial payments are not accepted after December 31, 2013. Such payment must be received by the city prior to December 31 or interest will be charged through December 31 of the succeeding year. The Council may in its discretion defer the payment of assessments for a homestead property owned by a person who is at least 65 years of age or is unemployed due to a total and permanent disability and meets the income requirements. If you wish to apply for the deferment or have questions, please contact me at 952 - 985 -4500 or dguinnell(aD-lakevillemn.gov The proposed assessment roll is on file for public inspection at the city clerk's office. The total amount of the proposed assessment is $2,093,052. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. If you would like to comment, please attend the meeting. Sincerely, CITY OF LAKEVILLE Dianne Quinnell Engineering Administrative Assistant Cc: Steve Mielke, City Administrator Chris Petree, Public Works Director Dennis Feller, Finance Director Zach Johnson, PE, City Engineer CITY OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON IMPROVEMENT TO WHOM IT MAY CONCERN: Due to a publication oversight, the Assessment Hearin_a for Improvement Proiect 13 -02, 2013 Street Reconstruction Project, has been rescheduled from Monday April 15, 2013 to Monday, May 6, 2013. NOTICE IS HEARBY GIVEN, that the City Council of Lakeville will meet at 7:00 p.m. on Monday, May 6 2013, at the City Council Chambers, 20195 Holyoke Avenue, Lakeville, Minnesota to consider and possibly adopt, proposed assessments for: Improvement Project 13 -02, 2013 Street Reconstruction Project The area proposed to be assessed for the improvements is the following: The project will include all property in that part of Section 3, Township 114, Range 20 and Section 30, Township 114, Range 20 City of Lakeville, Dakota County, Minnesota, described as follows: Portions of Donnay's College Park, Donnay's Valley Park, Donnay's Valley Park 2 nd Addition, Donnay's Valley Park 6 th Addition, Southbluff, Clay's Acres, Dodd Terrace and The Meadows. TOTAL COST: $7,419,734 AMOUNT TO BE ASSESSED BY THE CITY OF LAKEVILLE: $2,093,052 The proposed assessments are on file for public inspection in the Engineering Department at City Hall. Written and oral objections will be considered at the hearing. The City has adopted a resolution allowing deferment of special assessment to persons 65 years of age and older or unemployed due to a total and permanent disability on a hardship basis. The Engineering Administrative Assistant should be consulted for procedure on requesting a deferment. An owner may appeal an assessment to district court pursuant to M.S.A. Section 429.081 by serving notice of the appeal to the Mayor or Clerk within thirty (30) days after the adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or Clerk. No appeal may be taken to the district court, however, as to the amount of any assessment unless a written objection signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or is presented to the presiding officer at the hearing. Dated this 9 th day of April, 2013. CITY OF LAKEVILLE BY: Charlene Friedges, City Clerk