HomeMy WebLinkAboutOctober 15, 2002 levy hearingOFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
SPECIAL ASSESSMENT LEVY HEARING
OCTOBER 15, 2002
The following are the minutes of the Special Assessment Levy Hearing of the City Council held at 7:30 p.m. on
Tuesday, October 15, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
Minnesota.
1. Roll Call/Pledge of Allegiance
Present: Mayor Peterson, Councilmembers Szurek, Wyckoff, Williams, Nawrocki
Resolution No. 2002-63, being a Resolution Adopting the Assessment Rolls for the Zone 6A
improvements.
a. Kevin Hansen, Public Works' Director, provided background information on the above
mentioned improvement projects'. He indicated this was a difficult year for construction
projects'. He asked residents' present to sign in.
Hansen stated that Council wouM discuss the construction progress, and the interest rate
for the assessments'. He fisted items included in the Council packet. The construction
work is now 90 percent complete, and he fisted the items now being completed on 7th
Street and gdonroe Street. Hansen estimated that work yet to be completed would be done
within the next two weeks'. Improvement costs' are consistent with the improvement
hearing, which is a ten percent reduction from what was originally proposed. No funding
changes are recommended. The assessments' are by unit parcel base, at $2,280 per
parcel, with additional amounts for water service changes. He stated that these charges
reflect the City paying 50 percent and the resident being assessed for 50 percent of the
project. Water service charges were at actual cost. The interest rate is set by City
Council, but was noticed at an anticipated eight percent for fifteen years. This year
assessments' are under a new process, with Anoka County including them on property tax
statements, which has caused earfier deadlines. Hansen explained the payment time
frame.
Hansen indicated problems with construction, the gas company and the impact of the
weather. He stated that other cities were called that also assess prior to the work being
complete. He stated the City's frustration in working with this contractor and that final
payment would probably be held off until next year. There is still clean up work to be
done.
Hansen referred to the newsletters that were handed out to residents, letting them know
where the project was, in terms of progress.
Nawrocki stated it is unique to assess a project before it is done. On the water service
replacement, the amounts' are different for some parcels'. Hansen stated the two types of
cost difference: $960 per parcel from the main to the curb including the stop box, and
$510 from the main to the curb not including the stop box. Nawrocki questioned the
number of water services replaced. Hansen stated there were less than originally
anticipated: 12 services replaced at $960 and 10 services replaced at $510.
Hansen referred to a petition received to not replace the sidewalk the east side of
Madison from 43rd to 44th. Hansen stated that it was signed by all but two residents'.
Nawrocki indicated that these two residents were not home, so were not known to be for
or against the request. Hansen stated that it is not to late to delete this sidewalk work.
Nawrocki referred to the difficult grade next to the street in this area. Jim Hoeft, City
Attorney, indicated this was Council's decision.
Motion by Nawrocki, second by Williams, that sidewalk replacement on Madison
between 43rd and 44th be removed from the project.
Peterson stated that sidewalks, from the house, wouM be extended to the street.
HaroM Hoium, 431.5 7th Street NE, stated that there are not enough sidewalks in the city
for children to walk on and therefore, sidewalks should not be efiminated. Szurek stated
that the sidewalk would remain on the west side of the street. Dave ]Sedens, 4312
Madison, stated that the sidewalk comes right to the curb, with no boulevard.
Upon vote: All ayes. Motion carried.
Wyckoff questioned the interest rate. Hansen stated that last year City Council reduced
the recommended eight percent interest rate to six and one-half percent. Williams felt the
interest rate shouM be dropped again this year, to possibly 5 or 5 ~ percent. Hansen
stated that the bond rates are at 4percent and to remember there are carrying costs on
the bonds from one and one-half to two percent. Peterson suggested 5 ~ percent.
Williams suggested that we pass along any possible savings. Nclwrocki stated that over 40
percent of last year's assessments were delinquent. Peterson stated that using the County
services is saving some administrative costs. Nclwrocki felt that many not be saving
money.
Nawrocki questioned not accepting partial payments. Hansen stated that the County
would not accept partial payments. Nawrocki stated that the County should be made
aware of our feefings and that we encourage residents to pay when they can. Hansen
recommended keeping the interest rate at least one and one-half percent over four
percent. Wyckoff asked if residents could pay two yearly installments at once, to get
ahead. Hansen did not befieve so, as the amount is specific and part of the tax statement.
Peterson stated that we must be reafistic to cover costs and suggested considering staff's
recommendation. He did remind everyone that the City is picking up one-half of the
improvement costs.
Dave ]~edens, 4312 Madison, stated his concern of full payment or partialpayment of
this project at this point. Hansen stated that five percent wouM be withheld. The
contractor must be paid for all work upon completion, except for a retainer amount.
Tiedens felt that if the City withholds partial payment, so shouM residents. He was
concerned that children shouM not be on the streets at Halloween if there are holes in the
boulevard. Nawrocki stated that we are obligated to pay progress payments, and stated
that the City has been making payments to the contractor all summer before any
assessments are paid. Tiedens stated that some garbage was not picked up for four weeks.
Williams asked for his comments on the interest rate. Tiedens felt that 5. 5 percent was
A1Brandmire, 677 and 679 43ra Avenue NE, felt he shouM not be assessed at all, as his
home was built in 1999. The city plans were wrong and they broke the sewer lines and
flooded his basement. Nawrocki stated his assessment is an Avenue rate, which is one-
third of the street rate. Nawrocki asked that these problems be checked out and be
reported back on. Brandmire indicated that they did not receive any of the information
notices and their water was cut off without notification. Ursula Brandmire stated they
had to buy water because it was so discolored and they called City Hall and were told
the water was fine. Hansen stated that we could pull the meter allowing the water to run
until it runs clear. She asked for a cancellation of their water bill this period. Hansen
stated there is iron built up in the system, and we can only allow the system to settle
down.
MOTION by Williams, second by Szurek, to charge 5.5 percent interest on the Zone 6A
improvement assessments. Upon vote: all ayes. Motion carried.
b. Questions/Comments from City Council and the public
7th Street - 42nd to 44th
danene Unke, 4359 7th Street, stated it was nice to see quafity work done, and
complimented the street work and the sod placement. She questioned when the cement
around the gas meters wouM be completed. Hansen stated that the gas company is
responsible and we are working with them toward this. Unke indicated that she had two
cement driveways put in less than four years ago, and is now paying to repair it. She was
not as satisfied with the replacement work on her driveway and questioned the guarantee
against cracldng, etc. Hansen stated that the contract carries a one year warranty after
acceptance by the city, and a two year warranty after settlement. There will be an
inspection of these items in the spring. She indicated it wouM be nice to have a sidewalk.
Nawrocki stated that neighbors couM petition for a sidewalk, which wouM be assessed.
Nclwrocki asked when this street wouM be sealcoated. Hansen stated in about eight years,
with 25 years before any additional major reconstruction. The first seal coating is not
assessed.
Monroe Street - 42nd to 44th Avenues.
dennifer Skogen, 4252 Monroe, stated that the east side sidewalk has been replaced but
asked if the west side wouM be replaced. Hansen questioned her and stated that this
property can be inspected. Nclwrocki wouM like a list of staff's follow up to resident
concerns. Peterson stated that the city will look at areas in the spring, but ifa resident
sees something they shouM contact staff with concerns.
Mayor Peterson closed the public hearing.
Mrs. Brandmire asked if anything wouM be done on 43ra Avenue. Hansen stated the
streets wouM possibly be patched and seal coated next year.
Recommended Motions:
MOTION by Szurek, second by Williams, to waive the reading of Resolution No. 2002-
63, there being ample copies available to the public, with the proviso that the interest rate
be changed to five and one-half percent. Upon vote: All ayes. Motion carried.
MOTION by Szurek, second by Williams, to adopt Resolution No. 2002-63, being a
resolution adopting assessment rolls for the Zone 6A improvements, with the proviso that
the interest rate be changed to five and one-half percent. Upon vote: All ayes. Motion
carried.
RESOLUTION NO. 2002 - 63
TO LEVY AND CERTIFY SPECIAL ASSESSMENTS
Adopting assessment roll according to the City Charter for the following local improvements and determining that said
improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered
P.I.R 1067, 7th Street (42nd to 44th Avenues); Madison Street (42nd to 44th Avenues); Washington Street (42nd to 44th Avenues);
Monroe Street (42nd to 43rd Avenues), P.I.R. 1068, Monroe Street (43rd to 44th Avenues) and P.I.R. 1074 all in Project 0202, Zone
6A.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:30 o'clock p.m. on the 15th day of October,
2002, in the City Council Chamber, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and
where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of
making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law,
and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment
roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local
Improvements" numbered P.I.R. 1067 and P.I.R. 1068 - Project 0202.
That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment
roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the
column headed "Original Amount". And this Council further finds and determines that the proper proportion of the
cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the
description of each such lot or parcel of land respectively in said assessment roll.
That said assessments may be paid in part or in full without interest on or before November 15th, 2002. Any unpaid
amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in
the year 2003. The annual principal installments, together with 5.5% accrued on the unpaid balance are due and
payable with the real estate taxes for a period of fifteen years or less as designated on the assessment roll.
That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm
all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known
and numbered as Local Improvement numbered P.I.R. 1067 and P.I.R. 1068 - Project 0202.
This resolution shall take effect immediately upon its passage.
Resolution No. 2002-62, being a Resolution Adopting the Assessment Roll for Central Avenue
improvements:
a. Hansen provided background information on the above mentioned improvement project.
Kevin Kelb of BRWwas present.
Hansen stated this is for project 99-12,4 streetscaping and water service replacement on
Central.4venue. He referred to the sign up sheets and construction comment sheet. He
described items included in the Council packet. The utility work, storm sewer, and water
service are essentially done. Street work is not completed and the sidewalk from 42nd to
43rd on the east side, because of the gas line, need; to be replaced yet. Streetscape work
is continuing and streetlights are going in. The benches and planters will go in during the
next two week,'. There will be change orders on the street work, which will be covered
under contingency cost,'. Hansen referred to the information sheets distributed to the
affected 75 business owners.
Hansen stated that the assessment; are the same as proposed at the improvement
hearing, with 50 percent assessed and 50 percent paid by the City. He indicated that
assessment rates vary in different areas because of more intense treatment,'. The area of
39th to 4F't will be 76.99 F.F. and 37th to 39t~ and 4F't to 43~ at 38.49 F.F. Water services
not meeting city code were replaced, i.e. lead service, and will be charged at the actual
cost to the city. There were fewer services replaced than anticipated. The interest rate is
to be established by City Council on a ten year term.
Hansen again explained the assessment process and timeframe.
Hansen recommended this project also be assessed before being entirely complete. Some
work will carry over into 2003. Some additional concrete crews have been added. Excel
Energy is doing the streetlights and hoped to have them done in the next two weeks.
There are issues about the scoring pattern on the corridor. Hansen stated that it was a
conscientious choice to have a different pattern in certain areas. There are some
problems with the sidewalk where the banding does not match the sidewalk, but would be
given one year to see how they go through the winter and corrected if necessary. The
contractor has done their best to maintain access to businesses. The contractor has done
a good job on clean up. There has been some over splashing on store fronts, which the
contractor will need to remove, and it is intended to be complete this year. Thomas and
Sons has done a good job and has maintained the schedule by working weekends and
bringing in additional crews.
Peterson suggested estabfishing the interest rate, at the same rat as Zone 6A.
Motion by Szurek, second by Williams, to lower the interest rate in the Central Avenue
project from 8 percent to 5.5 percent. Upon vote: All ayes. Motion carried.
Questions/Comments from City Council and the public
Doug Foss, owner of the Mady 's/Salvation Army property agreed with the project, but
not the assessment fees. He questioned why he has to pay twice as much for extras that he
did not want. Hansen stated that through public meetings and Council meetings it was
agreed to do more in this area with amenities such as street lights, concrete scoring, tree
planting, bench's, trash receptacles, etc. Foss did not feel this number of trees, benches,
and receptacles were necessary. Hansen stated the majority of the costs are from the
sidewalks and street lighting. Foss indicated that he was not notified of the hearings.
Nawrocki asked who the property owner was. Foss indicated that he and Gene Mady are
joint owners. Nawrocki stated that she must have received the notices. Foss stated that he
had requested to be on the list, but was not notified.
doe Schmidt, 4024 Central Avenue, stated that everyone uses the area between 39th and
4F't and the cost shouM be shared. Schmidt felt it wouM be difficult to shovel snow from
the new sidewalk and is disappointed in the way it turned out. He stated they are still
getting water in their basement. Also, on the right-of-way between him and his neighbor
there is a rise or lip between the two buildings. He stated he did not understand being
assessed before the project is complete. Hansen stated that the lip on the right-of-way is
due to the grade of the new curb to take surface water to the curb line and storm sewer
system, which required adjustments to match into these areas. In this area, the intent was
to remove large panels to match in, but there was a request to replace the sidewalk of the
whole area to the alleyway. We are currently waiting for a price to do this, and a
temporary situation wouM need to be used. Referring to water in the basements, the City
must be notified so the contractor can be made aware to correct the problem. Regarding
the sidewalk look, this was the design discussed at the informational meetings. Hansen
stated that we do the snow removal from this area, and we may need to do more removal
than in the past. Hansen stated the Council can adjust assessments, but cannot increase
them without going through the entire process again.
den Kuppe, 4020 Central, stated she was disgusted with the sidewalk in front of her
building, and asked if it was in the plans to cut out her stoop to match the sidewalk.
Hansen stated the curbs and sidewalk were put where they were supposed to be. We knew
we would not be able to match every entrance. Hansen stated that the error was in not
contacting her in advance to inform her of the adjustment. Kuppe felt the sidewalk in
front of her store was not done well. Kevin Kelb indicated there is work required on the
red band to make it level with the white sidewalk. Kuppe stated another business owner
felt the construction workers were rude. She referred to a metal box that is in the way on
the sidewalk. Kelb stated this is probably a temporary signal control box and he would
check on it. Nawrocki repeated that Mrs. Kuppe should have been notified and she was
not. Hansen stated that the matching of elevations was not brought to her attention. Kelb
felt the weather may have caused the contractor to rush and may be the reason the
sidewalk is not as good in this area. Nawrocki asked if there was an elevation done of the
old sidewalk. Kelb indicated he could check his records for comparisons. Nawrocki
referred to a letter written to Council by Mrs. Kuppe and indicated that staff and BR W
shouM receive copies of this letter, and her problem shouM be addressed. Kelb stated
that he was willing to work with the crews to remove and replace any problem of poor
workmanship, but that was not acceptable to Mrs. Kuppe. He was not sure how to
proceed with this situation.
HaroM Hoium indicated the problem with cleaning off snow, ice, and slush on the
sidewalks from 3 7th to g3rd.
Nawrocki asked the overall project cost, with add-ons. Hansen stated it wouM be slightly
less than $5 million dollars. Nawrocki indicated that he is not totally pleased with the
project. He stated that the cost of this project being assessed to property owners is nine
percent. Residential work is being assessed is 44 percent. The business district owners
are getting a better deal than the residential areas. He questioned problems cleaning and
shoveling the sidewalks because of the grooves.
Recommended Motions:
MOTION by Nawrocki, second by Wyckoff, to waive the reading of Resolution No.
2002-62, there being ample copies available to the public, subject to correction of interest
rate from 8 percent to 5.5 percent. Upon vote: All ayes. Motion carried.
MOTION by Nawrocki, second by Wyckoff, to adopt Resolution No. 2002-62, being a
resolution adopting assessment rolls for the Central Avenue improvements, subject to
correction of interest rate from 8 percent to 5.5 percent.
Wyckoff asked when the work for Mrs. Kuppe and Mr. Schmidt wouM be done. Hansen
stated it shouM be within the next two to three weeks. Nawrocld asked that Kuppe,
Schmidt, and Council get follow up letters, in writing, on corrective action.
resident in the audience asked that all businesses areas be checked.
Upon vote: All ayes. Motion carried.
RESOLUTION NO. 2002 - 62
TO LEVY AND CERTIFY SPECIAL ASSESSMENTS
Adopting assessment roll according to the City Charter for the following local improvements and determining that said
improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered
P.I.R 1062 and 1073 - Project 9912A: Central Avenue, 37th to 43rd Avenues.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 8:30 o'clock p.m. on the 15th day of October,
2002, in the City Council Chamber, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and
where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of
making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law,
and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment
roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local
Improvements" numbered P.I.R. 1062 and 1073 - Project 9912A.
Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment
roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the
column headed "Original Amount". And this Council further finds and determines that the proper proportion of the
cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the
description of each such lot or parcel of land respectively in said assessment roll.
Section 3. That said assessments may be paid in part or in full without interest on or before November 15, 2002. Any unpaid
amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in
the year 2003. The annual principal installments, together with 8% accrued on the unpaid balance are due and payable
with the real estate taxes for a period often years or less as designated on the assessment roll.
Section 4. That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm
all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known
and numbered as Local Improvement numbered P.I.R. 1062 and 1073, Project #9912A.
Section 5. This resolution shall take effect immediately upon its passage.
4. Adjourn
Mayor Peterson adjourned the meeting at 10:00 p.m.
Patricia Muscovitz, Deputy City Clerk