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3. Spec Assess 04 MSA St ImprovCITYOF CHANHASSEN ?700 Market B,c, ulevad PO Box 147 6ha~/hassen MN 55317 Adminislralion Phoae: 952 2271100 Fax: 952 227 1110 Building inspections Phone: 952 227 1180 Fax: 9522271~90 Engineering Phone: 9522271160 Fax: 952 227 1170 Finance Phc ne: 952 227 1140 Fax: 952 227 1110 Park & Recreation Phone: 952 227 1120 Fax 952227 1110 Recreation Cen!(:r 2310 Codter Boulevard Phone 952227 1400 Fax 952 227 ~404 Planning & Natural Resources Phone: 952.2271130 Fax: 9522271110 Public Works 1591 Park Road Pho~}e: 952 227 1300 Fax: 952227.1310 Senior Center Phone: 952 2271125 Fax: 952 2271110 Web Site ww'~.' c~ on arq!~asserq mnu$ MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Paul Oehme, City Engineer/Dir. of Public Works DATE: May 18, 2004 SUB J: Special Assessment Hearing for 2004 MSA Street Improvements Project No. 04-02 REQUESTED ACTION Staff requests the City Council consider a resolution adopting 2004 MSA Street Assessment Roll. POLICY DECISION/ACTION TO BE CONSIDERED Prior to the completion of the public hearing, any property owner wishing to object to their assessment must file a signed written objection or they waive their right to appeal. The City Council is required to approve a resolution adopting the assessment roll, either as submitted or as revised. FACTS At the September 22, 2003 Council meeting, the Council adopted a resolution approving the feasibility study and authorizing preparation of plans and specifications for the project. Notice for the Assessment Hearing on May 24, 2004 has been mailed to each of the parcels identified for assessment. The notice declares the exact amount of the assessment as well as details on the property owner's rights to object to the amount to the City Council. The completion date for the assessment process is July 26, 2004. Property owners may choose to pay off the assessment amount in full prior to the July 26, 2004 date without interest. The County Auditor will certify the assessments in November, 2004. The assessments will be payable in 2005. The proposed assessments total is $327,321.07. Discussion of the financing for the project will be presented at the public hearing. The Financing Summary was prepared as information regarding the project to Todd Gerhardt May 17, 2004 Page 2 be assessed. The detailed assessment roll is available in the Engineering Department. ISSUES Staff will provide a brief explanation of the work along with the proposed assessment amount. Any issues that the City Council wishes to discuss regarding the project financing is appropriate during the public hearing portion of the project. Public testimony should be received for the project. The property owners should be reminded that they must file a written objection with the City Clerk either prior to or during the actual project hearings. Objections after the public hearing are invalid, so consistent reminders should be given. The assessment objection is a request by the property owners for the Council to review the assessment amount. Staff may have an immediate response to individual comments, or in some circumstances, the objection should be received and referred to staff for investigation. The remaining assessment roll should be adopted. If the City Council feels the objections cannot be addressed immediately, a report will be presented to Council on all objections on that particular project at the next City Council meeting. Council must adopt the remaining assessment roll at that time in order for the process to stay on schedule. If there are no objections filed, or if Council feels confident staff's investigation will not result in any changes being made to the assessment roll, a motion by the City Council adopting the assessment roll as prepared is needed for the project. ASSESSMENT OBJECTIONS Objections may be filed up to and at the public hearing. At the time of this submittal, no written objections have been filed. If any written objections are received in the interim prior to the Council meeting, they will be provided to the Council at the public hearing. Staff comments and recommendations will also be provided at the public hearing. The City Council may choose to accept the staff recommendation and either revise the assessment roll or adopt the roll if no action is recommended. If additional objections are filed either prior to or at the hearing, they should be received and if necessary referred to staff for investigation and resolution. Todd Gerhardt May 17, 2004 Page 3 RESUME OF ASSESSMENT PROJECT IMPROVEMENT PROJECT NO. 04-02 MSA STREET IMPROVEMENTS TYPE OF IMPROVEMENTS & GENERAL LOCATION: The rehabilitation of streets includes the mill and overlay in the following areas: 78th Street from TH 101 to Market Boulevard 79th Street from Market Boulevard to Great Plains Boulevard Market Boulevard from 78th Street to TH 5 Great Plains Boulevard from 79th Street to TH 5 TOTAL PROJECT COST: $818,325.00 PROPOSED ASSESSMENT RATE: Commercial Street Assessment Rate/acre: $6,994.23 Residential/Exempt Street Assessment Rate/acre: $3,916.77 LENGTH OF ASSESSMENT: 8-Years with 6% interest ADDITIONAL COMMENTS: The rehabilitation of these streets consists of milling two inches (2") of bituminous paving and overlaying (2"). Removal and repair of curb & gutter sections that are damaged along concrete sidewalk. Storm sewer improvements along 79th Street are included. FINANCIAL SUMMARY ESTIMATES PRELIMINARY OF FINAL PROJECT BUDGET COSTS (Feasibility Report) Assessments $327,321.07 $328,129.581 State Tumback Funds $207,000.00 $207,000.00 MSA Street Funds $284,003.93 $426,372.05 TOTAL PROJECT $818,325.00 $961,501.63 Attachments: 1. Resolution. g:\eng\public\04-02\asscssment hearing background.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 24~ 2004 RESOLUTION NO: MOTION BY: SECONDEDBY: A RESOLUTION ADOPTING ASSESSMENT ROLL FOR 2004 MSA STREET IMPROVEMENT PROJECT NO. 04-02 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of W. 78th Street from TH 101 to W. 78th Street, from TH 101 to Market Boulevard, W. 79th Street from Market Boulevard to Great Plains Boulevard, Market Boulevard from W. 78th Street to TH 5, and Great Plains Boulevard from W. 79th Street to TH 5, NOW THEREFORE, BE IT RESOLVED by the City Council of Chanhassen, Minnesota: Such proposed assessment, a copy of which is attached hereto and made a part hereof, if hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2005, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged in the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer 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 next succeeding year. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Passed and adopted by the Chanhassen City Council this 24th day of May, 2004. ATTEST: Todd Gerhardt, City Manager YES Thomas A. Furlong, Mayor NO ABSENT g:\cn,g\public\04-02\adopt assessment roll resolution.doc