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HomeMy WebLinkAboutDec 6, 1982OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL ASSESSMENT HEARING DECEMBER 6, 1982 The Special Hearing was called to order by Mayor Nawrocki at 7:30 pm. i. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Purpose of the Hearin9 To establish special assessments for various public improvements considered completed and ready for assessments. 3. Resolution 82-61 Establishing Special Assessment Deferral The City Attorney explained the deferred assessment proposal. This proposal had been re- quested by Mayor Nawrocki for availability to those persons who qualified for its use. The City Attorney also prepared a sample list of provisions that could be considered for allowing deferred assessment payments. This list was reviewed and discussed by the Council. It was determined by the Council that of the seven items on the list, four needed no revision, one was deleted and one was amended. Motion by Norberg, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 82-61 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR P, ETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL ~ereas, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a per~anent and total disability for ~hom it ~ould be a hardship to make payments, and l.~ereas, Hinnesota Statutes §435.193 - 635.195 makes it possible for a home rule charter city to pass a resolution establishing standards and tuidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY IliE CITY COUNCIL OF T~E CITY OF COL[%~IA HEIGHTS: 1. This deferral procedure shall apply only to assessments ~hich are payable in five or more annual installments. 2. This deferral procedure shall apply only to property o~'ned and occupied by the elderly, retired, or disabled applicant. O~nership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property o~med by a person 65 years of age or older or retired by virtue of a permanent and total disability for ~hom it would be a hardship to make pa)~ents. Permanent and total disabilit7 shall have the same definition for purposes of assessment deferral as is used for social security purposes. Special Assessment Hearing December 6, 1982 page 2 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 6. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the Anoka County Auditor. If no such form is available, the City Assessor of Columbia ~eights shall prescribe the appropriate form. 6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. 7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the folloving events: the d~arh of the owner, provided that the spouse is not other- vise eligible for benefits hereunder; the sale, transfer or subdivision of the propert~ or any part thereof; if the property should for any reason lose its homestead status; or' if for any reason the City shall determine that there would be no ~ardship to require im.~ediate or partial pa2~,ent. 8. No deferral ray be granted unless the homed;mcr makes application to the City Assessor within thirty .(30) days after adoption of the assessment by the Council. 9. The deferral shall apply to only 50~ of the annual installment pa)~ent. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become l~ediately doe and payable. 10. No deferral shall be granted to any owner who has a gross annual income from all sources in excess of $9,000.00. 11. ~o deferral may be continued from year to year unless the owner shall file a renewal application before September lSth of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. . · · 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute §435.195 and this Resolution. Special Assessment Hearing December 6, 1982 page 3 ~assed this 6th day of December Offered by : - Norberg Seconded by: Nentges ~oll Call: All ayes /~-Anne Student,-S-~ary to ~/ the Council , 19 . ~ruce G. Navrocki~ Nayor I hereby certify that the above is a true and correct copy of · resolution adopted by the City Council of the City of Columbia Heights on the . 6th day of December , 19 . l~tllia~ J, Elrite, Acting City Clerk Special Assessment Projects Consider assessments for the following projects: a. #677-14, Midblock street lighting on Quincy Street between 38th and 39th Avenues The City Manager explained that there are eleven properties involved with this assessment and he gave the total costs for each parcel. #733, Watermain, storm drainage, curb, gutter, asphalt mat and sidewalk repairs for Jackson Street, 40th to 41st Avenues The City Manager stated that this project cost approximately 20% less than had been pro- jected. A member of the Immaculate Conception Church Parish Council requested information regarding the paying of this assessment and when penalties are imposed. c. #739, Alley openinq and blacktoo, west of Central,.beteeen I:.9th and ~0th Avenues The City Manager explained the specifics of this project and why the costs were so much higher than anticipated. Legal fees for this project were a large part of the costs. d. #756, Watermain with services, curb, gutter, asphalt surfacing and sidewalk repairs for 5th Street from 40th to 44th Avenues. The costs of this project were 29% less than had been estimated. Many residents of this pro- ject area were in attendance and much discussion ensued regarding questions they had about their property. Mr. Ken Swanson, owner of Lot One (1), Block Fifty-one (51),requested that the assessment for this parcel be either deferred or cancelled on the basis that it was not a buildable lot thereby received no benefit from the improvements realized from this pro- ject. This point was discussed and it was determined that this property did benefit from the improvements. Motion by Norberg, second by Hentges to find that the Swanson property (Lot One (1), Block Fifty-one (51) did benefit from the project and there was to be no deferrment. Roll call: Hovland, Norberg, Hentges, Nawrocki--aye Petkoff--nay A number of residents had concern with the workmanship and the success for growth of the sod that was laid for this project. They were advised that this sod would be inspected during ne- year's growing season, but if they were of the opinion that it was not growing to contact City early in July. There was also some discussion regarding cracks in structures and steps that may have resulted from this.project. Special Assessment Hearing December 6, 1982 page 4 e. #764, Trunk line storm drainage improvements within the area from 40th to 45th Avenue and Reservoir Boulevard to Tyler Street including a portion of Circle Terrace Boulevard The City Manager gave the details of this project. A letter was received from the owner of 1313-1315 Circle Terrace stating that he didn't feel that his property benefitted from this improvement. Also a resident requested that some one from the City view the water flow in the alley behind his home at 4220 Polk Street. f. #770, Seal coat for area bounded by 45th on the north, Stinson Blvd. on the east, 37th Avenue on the south, Central Avenue on the west; and also 45th Avenue between Main Street and University Avenue The City Manager gave the details of this project and explained why some of the streets in this area were not included in this project. Robert Stranglund, 4432 Second Street, ad- vised the Council that there were cracks in the street in front of his residence from curb to curb. Also, he stated a concern of the neighborhood dealing with the parking of grain trucks and the use of streets illegally by these same grain trucks. The Police Department will be checking on the packing and traffic patterns of the grain trucks and the City Eng- ineer will look at the cracks. Mr. Stranglund will be advised of their findings by letter. The resident at 3801 Buchanan complained of water running into his garage and was told that the Engineering Department will check this matter and advise him by letter with copies to the Mayor and Council. g. #773, Curb and gutter for 39th Avenue from C~ntral Avenue to Reservoir Boulevard The City Manager reviewed the details of this project. h. #774, Curb, gutter, asphalt mat for 39th Avenue from Tyler Street to Buchanan Street A resident in this area stated that he felt this project had poorly laid sod. He also had considerable concern with speeding in the area that may result in all of the sod and other improvements being damaged. Other residents said there was water standing in the alley behind 3911 Tyler Street and ponding at 39th and Tyler. i. #778, Sanitary sewer reconstruction for Quincy Street from 43rd to 44th Avenues This project actually cost $4,000 less than was estimated. j. #782, Miscellaneous Delinquent Bills-Weed Control This assessment is for one year and involves cutting of weeds on twenty individual parcels. 5. Adoption of Resolutions a. Resolution 82-62 Being a resolution levying special assessment number 677-14 Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 82-62 Adopting assessment roll for the following local improvement and determining said im- provement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for midblock street lighting on Quincy Street between 38th Avenue and 39th Avenue numbered 677-14. WHEREAS, the City Council of the City of Columbia Heights, Minnesota met at 7:30 pm on the 6th day of December, 1982, in the City Council Chambers, 590 4Oth Avenue, 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 Special Assessment Hearing December 6, 1982 page 5 king the local improvement above described, a notice of such hearing having been here- ofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement 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 677-Area 14 for midblock street lighting. Section 2. That this Council hereby finds and determines that each of the lots and par- cels of land enumerated in said assessment roll was and is especially bene- fited by such improvement. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by North- ern States Power plus an administration fee. Section 3. That the annual installment shall be paid in full without interest on or before September 15, 1983, and in annual installments thereafter, as long as the street midblock lights are in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penal'ty is added and the said del- inquent 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 improvement, does ratify and confirm all other proceedings heretofore had no regard to this improvement, and said improvement shall hereafter be known and numbered 677-Area 14 for midblock alley lighting. Section 5. This resolution shall take effect immediately upon its paasage. Passed this 6th day of December, 1982. Offered by: Norberg Seconded by: Hovland Roll call: All ayes Bruce G. Nawrocki, Mayor Council Secretary B. Resolution 82-63 Being a resolution levying special assessments number 733, 739, 756, 764, 770,773, 774, 778, and 782 Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes R E S 0 L U T I 0 N NO. 82-63 Adopting assessment rolls according to the City Charter for the following local Improvements and determining that said Improvements have been made and ratifying and confirming all other proceedings, heretofore had: Special Assessments numbered 733, 73~, 756, 764, 77o, 773, 774, 778 and 782. Special Assessment Hearing December 6, 1982 page 6 WHEREAS, the City Council of the City of Columbla Heights, Hlnnesota, met at 7:30 o'clock p.m. on the 6th day of December, 1~82, In the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights, HJnnesota, being the time and place set when and where all persons Interested could appear and be heard by the Councll 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, stat;ng the proposed amount of the assessment; and, WHEREAS, this Counci) 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 COLUHBIA HEIGHTS HEREBY RESOLVES: Section 1. That this council does hereby adopt the aforesaid assessment rolls known and described as "Assessment Roll for Local improvements" numbered, 733, 739, 756, 764, 770, 773, 774, 778 and 782. Section 2. That this council hereby finds and determines that each of the lots and parcels of land enumerated In said assessment rol)s was and is especially benefited by such Improvement in an amount not less than the amount set opposite In the column headed "Total Assessment". And this councll further finds and determines that the proper proportion of the cost of such Improvements to be especially assessed against such )at or parcel of land is the amount set opposite the description of each such lot or parcel of lend respectively in said assessment rolls. Section 3. That said assessments may be paid in part or In full with- out interest on or before January 5, 1983, or in annual installments for a period of from one to fifteen years as designated on each assessment ro11, payable on or before the 15th day of September, annually, with 11~ Interest thereon. Failure to pay the annual Installment renders the same delinquent and thereafter a 10~ penalty Is added and the said delinquent special assessment Is certified to the County for collection with the real estate rix. Section 4. That this council did hereby determine and redetermlne to proceed with said Improvements, does ratify and confirm a11 other proceedings heretofore had in regard to these Improvements, and said Improvements shall hereafter be known and numbered as Local Improvements numbered 733, 739, 756, 764, 770, 773, 774, 778 and 782. Section 5. Thls resolution shal) take effect lmrnediately upon its passage. Passed this 6th day of December, 1982. Offered by: Hentges Seconded by: Hovland Roll Call: All ayes Special Assessment Hearing December 6, 1982 page 7 Nawrocki requested that the Assessing Department mail to the appropriate property ow- ners information regarding deferred payment of special assessments, this information to include the need for reapplication for this type of payment to be included. Work Session Tuesday, December 7th at 9:00 pm was selected as the date and time for a Council work session. Adjournment Motion by Norberg, second by Hentges to adjourn the hearing at ayes 11:50 pm. Rol!fall: All Nawrocki, Mayor nne Student, Cou~cm~l'-Secretary