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HomeMy WebLinkAboutNovember 28, 1989CORRECTION OF NOVEMBER 28, 1989 LEVY HEARING MINUTES Motion to Delete 4262 Polk Street from Street.~or.tlog of Project #839 Correct Motion: Motion by Carlson, second by Peterson to recognize that 4262 Polk Street will be removed from the street portion of the assessment roll, Project #839, and be considered for assessments as fronting on Arthur Street. Roll call: All ayes OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL LEVY HEARING NOVEMBER 28, 1989 The Hearing was called to order by Council President Paulson at 7:35 p.m.. 1. ROLL CALL Paulson, Petkoff, Carlson, Peterson - present Hadtrath - absent 2. PURPOSE OF MEETING To establish special assessments for various public improvement projects considered to be complete and/or ready for assessment as well as to con- sider a resolution which will officially levy special assessments for Public Improvement Project Nos. 838, 839, 844, and 859. The City Manager introduced himself, the City Engineer/Public Works Director, the Assistant City Engineer and the Assessments Clerk. 3. PRESENTATION OF INFORMATION BY STAFF The City Manager reviewed the four projects being considered for proposed assessments. They are as follows: a. PIR #838: Overlay of Circle Terrace Boulevard b. PIR #839: Sealcoating of all bituminous streets in Southeast Quadrant of the City ¢. PIR #844: Sealcoating of 39th Avenue Reservoir Boulevard to Tyler St. d. PIR #859: Miscellaneous Delinquent Bills for Shade Tree Disease Control and Weed Control The recommended assessment period for all of the projects is one year except PIR #838 which is six years. The interest rate is set for 9.5%. PIR #838: Overlay of Circle Terrace Boulevard - 40th Avenue to Reservoir Blvd. The City Manager explained the difference between the street and avenue rate. He noted that the City owns some property in this improvement project area and will also be assessed. There are 48 parcels affected by the project. The estimated costs were $19.70 per street foot and $6.58 per avenue foot. The actual costs are $17.28 per assessable street foot and $5.76 per assessable avenue foot. One affected property owner inquired if there will be any follow up on sod which may not survive. He noted that some of it was poorly installed and that some of it was not watered and appeared to have died. He questioned if the dead sod will be replaced. The City Engineer advised that the con- tractor has until October 1st of next year to complete the project. The City will be inspecting the sod and the project and that the contractor will be expected to make any corrections that the City feels would be necessary. PIR #839: Sealcoating of all bituminous streets in the Southeast Quadrant The City Manager advised that this project includes all bituminous streets in the Southeast Quadrant of the City or that part bounded by 37th Avenue on the South, 45th Avenue on the North, Central Avenue on the West and Stinson Boulevard on the East; except 45th Avenue, Central Avenue to McLeod Street; 44th Avenue, Central Avenue to Reservoir Boulevard; 43rd Avenue, Central Avenue to Pierce Street; 41st Avenue, Reservoir Boulevard to Stinson Levy Hearing November 28, 1989 page 2 Boulevard; 39th Avenue, Reservoir Boulevard to Tyler Street; 39th Avenue, Arthur Street to McKinley Street; Tyler Street, 37th Avenue to 43rd Avenue; Polk Street, 40th Avenue to 41st Avenue; Royce Street; Leander Lane and Circle Terrace Boulevard. There are 1,389 parcels affected by this project. The estimated costs were $1.68 per street foot and $0.56 per avenue foot. The actual costs are $1.56 per street foot and $0.52 per avenue foot. The City Manager advised that State Aid streets are sealcoated with a different type of aggregate than are residential streets. LeRoy Klein, 4262 Polk Street, requested that his property be considered for assessment purposes as being located on Arthur Street. He advised that his street received a type of sealcoating used on State Aid streets and was done by the work crews in conjunction with the sealcoating on Arthur Street. He noted that he had been assessed in 1962 for curb and gutter on Arthur Street and also been assessed in 1982 for sealcoating on Polk Street. The City Manager suggested that a formula be considered for rebating some of the assessments this property owner had paid since 1962 and his right-of-way and address be changed to an Arthur Street address. Mr. Klein requested that no consideration be given to changing his address because of the difficulty in making other changes which would be necessary. Councilmember Paulson felt to make address changes would be too complicated but requested that the assessment records ref)ect that the parcel fronts on Arthur Street and should be assessed as an Arthur Street address, noting that Arthur Street is a State Aid Street. Dean and Dawn Petrick, 3921 Tyler Street, stated their opposition to this sealcoating assessment. It is their position that the sealcoating does not increase the market value of their home. They appealed the assessment by submitting a letter to the City Manager stating their position with at- tachments from a case regarding assessments heard before the Supreme Court of Minnesota in 1977. The City Manager agreed that an assessable item must add value to property. It is the position of the Council that sealcoating adds value and if an appraisal were performed it would prove that the con- dition of streets around a specific property impacted on the value of a given property. Members of the Council stated that upgrading the condition of this street adds value to each property it serves. It is the intent of the property owners to challenge the validity of this assessment. George Minkel, 4258 Royce Street, advised the Council that he has heard rumors regarding a costly project proposed for Royce Street. He stated he is very much against a costly project. The City Manager observed that Royce Street will be included in a public hearing on proposed projects in the Spring of 1990. Royce Street had been excepted from the sealcoating project. The City Manager advised that no project costs are available at this time and no one on the staff has a dollar figure which will be proposed. Councilman Carlson received a call from a property owner on 42nd Avenue regarding her assessment. She noted that the curb in front of her property is cracked in some areas. The Public Works Director advised that cracks are not repaired. The City Manager will send a letter to this property owner explaining the assessment. Levy Hearing November 28, 1989 page 3 PIR #844: Sealcoatin9 of 39th Avenue, Reservoir Boulevard to Tyler Street The City Manager advised that this was done as a separate project as the reconstruction project was denied earlier in the year based on citizens' comments and opinions. There are 50 parcels affected by this project. The estimated costs were $1.68 per street foot and $0.56 per avenue foot. The actual costs are $1.56 per assessable street foot and $0.52 per assessable avenue foot. PIR #859: Miscellaneous Delinquent Bills for Shade Tree Disease Control and Weed Control The City Manager explained that when a diseased tree is removed from private property the City pays half the costs for removal and the property owner pays the remaining half. Dutch Elm, Oak Wilt and Ash Yellows are recognized diseases of trees in the City. There are eleven affected parcels in this project. Motion to Delete 4262 Polk Street from Assessment Rolls Motion by Carlson, second by Peterson to remove 4262 Polk Street from the assessment rolls for PIR #839. Roll call: All ayes 4. ADOPTION OF RESOLUTION Motion by Petkoff, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 89-56 Adopting assesment rolls 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 838, 839, 844, and 859. WHEREAS, the City Council of the C~ty of Columbia Heights, Minnesota, met at 7:30 p.m. on the 28th day of November, 1989, in the City Council Chambers, 590 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be hear by the Council with respect to benefits, and to the pro- portion 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; Levy Hearing November 28, 1989 page 4 Section 1: That this Council does hereby adopt the aforesaid assessment rolls known and described as "Assessment Roll for Local Imp- rovements'' numbered 838, 839, 844, and 859. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment rolls was and is especially benefitted by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment." 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 des- cription of each such lot or parcel of land respectively in said assessment rolls. Section 3: That said assessment may be paid in part or in full without interest on or before December 28, 1989, or in annual instal- lments for a period of from one to fifteen years as designated on each assessment roll, payable on or before the 15th day of September, annually, with 9.5% interest thereon. Failure to pay the annual installments renders the same delinquent and thereafter a 10% penalty is added and the said delin- quent special assessment is certified to the County for collection with the real estate tax. Section 4: That this Council did hereby determine and redetermine to proceed with said improvements, does ratify and confirm all other proceedings heretofore had in regard to these improve- ments, and said improvements shall hereafter be known and numbered as Local Improvements numbered 838 - Project #8808, 839 - Project #8901, 844 - Project #8807, and 859. Section 5: This resolution shall take effect immediately upon its passage. Passed this 28th day of November, 1989. Offered by: Petkoff Seconded by: Pauison Roll call: All ayes Jo-Anne Student, Council Secretary Council President Russell Paulson 5. ADJOURNMENT Motion by Peterson, second by Petkoff to adjourn the hearln9 at 9:25 p.m.. Roll call: All ayes U-AnnE--S-t~Jc~At, Co~nc i 1 Secretary Council President Russell Paulson