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HomeMy WebLinkAboutOctober 15, 2007 street rehab spec assessPROCEEDNIGS OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SPECIAL ASSESSMENT LEVY HEARING ZONES 2 & 3 STREET REHABILITATION OCTOBER 15, 2007 Roll Call/Pledge of Alle i~ ance Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Resolution No. 2007-206, being a Resolution Adopting the Assessment Rolls for the Zone 2 and 3 Street Rehabilitation Improvements a. Presentation by City Staff providing background information on the above mentioned improvement projects. Kevin Hansen, Public Works Director, asked those present to sign in. He stated that this hearing is for consideration of the interest rate and levying the assessments for road reconstruction. If anyone has comments on construction issues, they were asked to write down their concerns to be addressed by staff. Hansen stated that the project is essentially complete; with only minor sodding left and final bituminous is being laid. Funding is consistent with that the initial improvement hearing. Hansen explained that assessments are determined on a unit based rate and the type of work completed. Water service replacement costs were lower than expected. The initial amount was noticed at 7 percent for 10 years for mill and overlay and 15 years for full reconstruction. There is a 30 day period to pay any or all of the assessment. Any remaining portion will be certified to the County and appear on taxes beginning in 2008. The rates noticed do include a 10 percent administrative fee. Staff has received a written notice from 3975 Johnson Street agreeing to the alternative assessment amount. b. Questions/Comments from City Council and the Public. Nawrocki stated that some of the reconstruction work is not done. This meeting should not be held until the work is complete. Hansen stated that it is not unusual to have the improvement hearing and levy hearing on the same night. He indicated that with a wet, late Fall and utility work issues, completion was held back. Nawrocki indicated that 5`h Street between 37`" and 38`h used to be a state aid street and should have been brought up to good condition before it was turned over to the city, so seal coating would not have been necessary this soon. Hansen stated that street was removed from state aid by City resolution. Nawrocki referred to 3975 Johnson Street and indicated the owner is having health problems. He indicated the history of the property and street naives and assessments associated with the property since 1920. Nawrocki questioned if the property is being fairly treated. Patricia Goodman, 1812 39`h Avenue, stated that the work was done on Hayes and questioned why they were billed for it. Hansen described the utilization of street/avenue assessment charges, with all residents eventually receiving two assessments. Hansen explained the assessment payment process. Dave Seawell, 4126 Tyler, stated that his work was completed today. He has a rain garden and questioned if he should be sure the plants grow before paying the assessment. Hansen stated that nine rain gardens were placed and the plants have a one year warranty, but the sod has only a 30 day warranty. Ken Rice, 4131 Cleveland Street, indicated concern. with incomplete aesthetic repairs by CenterPoint. A manhole cover was laid in his yard and killed the grass, but was not replaced. Hansen stated that they will re-sod such areas. Marlin Kirschbaum, 1619 41St Avenue, questioned removal of extra cement and replacement with dirt. Hansen stated that abandoned driveway opening are replaced with dirt and a curb. Mike Carroll, 3947 Hayes, complimented staff on the response to their issues. He questioned if he had to pay the same amount as his neighbor that got his curb replaced, and he did not. Hansen described the process to determine the need for curb replacement and the associated policy. Fehst referred to miscellaneous concrete repair if necessary. Carroll indicated this was not a fair policy. Yvonne Smith, 2201 39'/z Avenue, questioned why she had two assessments. Hansen explained the street/avenue assessment concept. Smith asked if this had to be paid immediately. Dielun described the options to pay all or a portion now, with the remainder owed to be placed on the property taxes averaged over the next ten years. Hansen described the different types of street repair. Anthony Roitero, 231.0 40th Avenue, stated that he received a bill for a street he does not live on. Hansen explained the street/avenue assessment concept. Walter Bochnak, 3705 Hayes Street, stated that she had problems in the past with sewer backups, and wanted to know if this would fix that problem. Hansen stated that Hayes Street had some sanitary sewer replacement and portions not replaced will be relined in two years. Marie Simon, 1660 Fairway Drive, asked why her bill is higher than others. Hansen stated that every property with a partial reconstruction would pay the same amount unless they have a stop box. Fehst indicated that he had referred her to GMHC for grant assistance. Hansen stated there is also the senior citizen deferment available, and he would meet with her to explain the options. Nawrocki stated that CMHC assistance must be applied for prior to construction. Jeff Streeper, 1610 Fairway Drive, questioned if the final cost was the same as it was estimated at this spring. Hansen stated yes, unless the property had curb stop work completed. Motion by Diehm, second by Williams, to close the Public Hearing and waive the reading of Resolution No. 2007-206, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2007-206, with an interest rate reduction to six percent, being a resolution adopting assessment rolls for the Zone 2 and 3 Improvements. Motion to amend by Nawrocki, that the full reconstruction cost of $3,81.1 for 3975 Johnson Street be removed from the assessments, leaving the charged for water, curb and stop box.. Williams asked if there was a special agreement with theirs. Hansen stated that they agreed to pay 75 percent on one charge and 25 percent on the other. Nawrocki stated that the owner's wife is under serious medical care. Hansen stated that this follows our current policy. Nawrocki stated that is a unique property. Diehm indicated the importance to follow policy, but we are willing to work with property owners. The policy fairly distributes the cost between property owners. Nawrocki referred to the letter received from the owner. Peterson stated that the City Engineer did follow up on that letter. Peterson called for a second to the amendment. There being no second to the amendment, the motion died for lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Five ayes. Motion carried. RESOLUTION N0.2007-206 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR PROJECT N0.0702 ZONE 2 AND 3 STREET REHABILITATION 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 2007-Z2-02-001, 2007-Z2-03-001, 2007-Z2-44-001, 2007-Z3-03-001, and 2007-Z3-44-001, Full Street Reconstruction on Ulysses Street, Johnson Street to the Cul-de-sac; Partial Street Reconstruction on Tyler Street, 41S` Avenue to 42"d Avenue, Polk Street, 41S` Avenue to 42"d Avenue, Hayes Street, 37`h Avenue to 41S` Avenue, Cleveland Street, 39`h Avenue to 40`h Avenue and 41St Avenue to 42"d Avenue, McKinley Street, 39'/z Avenue to 40`h Avenue, and Fairway Drive, 49`h Avenue to Fairway Drive; and Mill and Overlay on Polk Street, 42"d Avenue to 43`d Avenue, 39`h Avenue, Cleveland Street to McKinley Street, 39'/z Avenue, Cleveland Street to McKinley Street, and Tyler Street, 49`h Avenue to 50`h Avenue and adjoining streets and avenues all in Project 0702 -Zone 2 and 3. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 15`h day of October, 2007, in the City Council Chamber, 590 40"' 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 2007-Z2-02-001, 2007-Z2-03-001, 2007-Z2-44-001, 2007-23- 03-001, and 2007-Z3-44-001, Project 0702. 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 "Assessment 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 14`h, 2007. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2008. The annual principal installments, together with 6% interest 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. 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 2007-Z2-02-001, 2007-22-03- 001, 2007-Z2-44-001, 2007-Z3-03-001, and 2007-Z3-44-001, Project 0702. Section 5: This resolution shall take effect immediately upon its passage. Resolution No. 2007-207 being a Resolution to Certify Petition and Waiver Assessments Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2007-207, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-207, being a resolution to certify petition and waiver assessments. Nawrocki questioned if there was a Public Hearing on this. Hansen stated that each owner agreed by petition and waiver. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-207 RESOLUTION CERTIFYING PETITION AND WAIVER ASSESSMENTS WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public hearings and appeals as provided in Minnesota State Statute; and, WHEREAS, said improvements have been completed; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such 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 Petition and Waiver Construction Work" numbered 2007-SP-31-001. Section 2: That said assessments may be paid in part or in full without interest on or before November 14`h, 2007. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2008. The annual principal installments, together with 6% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years. Section 3: This resolution shall take effect immediately upon its passage. Adjourn Mayor Peterson adjourned the meeting at 7:50 p.m. ~'~,~ /1 a `Patricia Muscovitz CMC City Clerk