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HomeMy WebLinkAbout2016-106 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 16-106 A RESOLUTION CALLING FOR THE PUBLIC HEARING ON THE PROPOSED ASSESSMENT FOR THE OTTER LAKE ROAD EXTENSION ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City Council directed the City Clerk to prepare a proposed assessment roll for the Otter Lake Road Extension roadway, drainage, and utility improvements. WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and is on file for public inspection. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. The Notice of Assessment Hearing, attached hereto as Exhibit A is hereby approved and ratified. 2. A hearing shall be held on the 10th day of October, 2016, at Lino Lakes City Hall Council Chambers located at 600 Town Center Parkway, Lino Lakes, Minnesota at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 3. The action of the Clerk to cause the attached Notice of Assessment Hearing to be published at least once in the official newspaper at least two weeks prior to the hearing and to mail the Notice to the owners of each parcel described in the assessment roll is hereby approved and ratified. The mailing will be not less than two weeks prior to the hearing. Adopted by the Council of the City of Lino Lakes this 12th day of September, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Maher, Manthey, Rafferty, Kusterman, R The following voted against same: none ATTEST: e Bartell, Citi Cler Jeff Reinert, Mayor EXHIBIT A CITY OF LINO LAKES NOTICE OF SPECIAL ASSESSMENT HEARING OTTER LAKE ROAD EXTENSION Notice is hereby given that the City Council will meet at 6:30 p.m. on October 10, 2016 at Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota 55014 to consider, and possibly adopt, the proposed assessment against abutting properties, for the improvement of Otter Lake Road between Main Street and a point approximately 440 feet northerly of Main Street by street construction, installation of sanitary sewer, water main, storm sewer, traffic control signals and pedestrian/bicycle. The total amount of the proposed assessment is $529,093.00. Adoption by the Council of the proposed assessment may occur at the hearing. Such assessment is proposed to be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2017, and will bear interest at the rate of 5 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2016. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The property owner may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. The property owner may at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If the property owner decides not to prepay the assessment before the date given above the rate of interest that will apply is 5 percent per year. The right to partially prepay the assessment according to City Code Section 303.11 is available. The proposed assessment roll is on file for public inspection at the City Clerk's office. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. Under Minn. Stat. §§ 435.193 to 435.195 and City Code Section 303.10, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law and City Code all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and City Code may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on his/her property. An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. City Clerk CITY OF LINO LAKES, MINNESOTA Otter Lake Road Extension Assessment Role Owner Name Anoka County PIN Legal Description Amount BLINO LLC 24-31-22-12-0001 THE NW1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RDS, SUB) TO EASE OF REC $ 190,000.00 Amy Hughes Ruggles Trustee Mary Elizabeth Hughes Trustee 24-31-22-11-0007 LOT 1 BLOCK 1 MAIN STREET SHOPPES $ 37,946.18 CM Properties 14, LLC 24-31-22-11-0008 OUTLOT A MAIN STREET SHOPPES $ 301,146.82 Total $ 529,093.00 STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6D Michael Grochala, Community Development Director September 12, 2016 Consideration of Resolution No. 16-106, Calling Hearing of Proposed Assessment. Otter Lake Road Extension 3/5 Vote Staff is requesting City Council consideration to approve the costs proposed to be assessed for the Otter Lake Road Extension Project. BACKGROUND On August 22, 2016 the City Council approved Resolution No. 16-94 declaring the cost to be assessed and ordering the preparation of the assessment role for the Otter Lake Road Extension project. The total cost of the improvement is $714,561. The cost to be paid by the City is $185,468 and is funded as follows: $36,376 Trunk Area and Unit Fund $149,092 State Aid Street Fund The amount proposed to be assessed is $529,093. In January of 2013 the City entered into a Petition and Waiver Agreement with CM Properties, developer of the McDonalds, covering assessments to properties on the east side of the road. Staff has allocated the costs of the project to abutting benefitted properties and the assessment roll has been prepared. The next step in the process is to call for the hearing on the proposed assessment. The proposed hearing will be held at the October 10, 2016 City Council meeting. Notice of the meeting will be published in the City's official newspaper (Quad Press). Mailed notice will be provided to each parcel owner not less than two weeks prior to the hearing. The assessments are proposed to be payable over 10 years at an interest rate of 5 percent. The process will be as follows: 1. Council calls for Hearing on Proposed Assessment. (September 12, 2016) 2. Council holds Hearing on Proposed Assessments and Adopts Assessment Roll (October 10, 2016) 3. Assessments certified to Anoka County for taxes payable 2017. (November 30, 2016). RECOMMENDATION Staff is recommending approval of Resolution No. 16-106. ATTACHMENTS 1. Resolution No. 16-106 2. Proposed Assessment Roll 2