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