2n Resolution Adopting Assessment Roll for TH 312/212
CITY OF
CHANHASSEN
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Chanhassen, MN 55317
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cln
MEMORANDUM
TO:
Todd Gerhardt, City Manager
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FROM:
Paul Oehme, City EngineerlDir. of Public Works
DATE:
January 9,2006
SUBJ:
Amended Resolution Adopting Assessment Roll For The TH
312/212 Improvement Project Nos. 03-09-3, 04-05, 04-06
REQUESTED ACTION
Adopt Amended Resolution for TH 312/212 Improvements.
BACKGROUND
On October 24, 2005, Council held an assessment hearing for the TH 312/212
Improvements.
On November 14, 2005 Council adopted the assessment for the TH 312/212
Improvements.
At the assessment hearing, four benefiting property owners contested their assessments.
At the October 24,2005 Council meeting, two property owners, Arthur Johnson and G &
M Laurent dropped their assessment appeal. These two properties are in the 2010 MUS A
area. Their assessments are proposed to be deferred until 2010 since they would not
receive any benefit for the improvements until such time. The two property owners
submitted assessment appeal withdrawal letters that were included in the adopted
assessment roll packet. However, after further review of the letters, the language was not
consistent with the City's adopted assessment resolution. The proposed assessment roll
resolution defers the assessment outside the 2005 MUSA area without interest until 2010.
The revised assessment resolution defers the assessments until such time the properties are
brought into MUSA. The property owners were concerned that if the 2010 MUSA area is
not brought into the MUSA at that current time frame, they would still need to pay the
assessments starting in 2010. Staff supports the change in the resolution because if the
MUSA area is moved back to some future date, there would be no benefit to the
properties until such time. There is no plan to move the 2010 MUSA back, however, the
change in the resolution language is recommended. The resolution includes all
assessments deferred not just the two property owners that contested the assessments.
The City Attorney has reviewed this issue and finds it acceptable.
Attachment
c: Larry D. Martin - L. D. Martin & Associates, Ltd.
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, Ihriving businesses, winding trails, and beautitul parks. A great place to live, work, and play.
G:\ENG\TH 312\Bonding & Assessments\O] 0906 bkgd rev assess resolution. doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DA TE:
Januarv 9. 2005
RESOLUTION NO:
2006-
MOTION BY:
SECONDED BY:
AMENDED RESOLUTION ADOPTING ASSESSMENT ROLL
FOR THE TH 312/212 IMPROVEMENTS
PROJECT NO. 03-09-3, 04-05, 04-06
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:
Properties identified in the 2005 MUSA Feasibility Report, properties along new Powers
Boulevard from Lyman Boulevard to Pioneer Trail, Lyman Boulevard from Powers Boulevard
to TH 101, TH 101 from Lake Susan Drive to Lyman Boulevard and Pioneer Trail from
west city limits to new Powers Boulevard.
WHEREAS, on November 14,2005, the City Council adopted Resolution 2005-93 for the
TH 312/212 Improvement Project No. 03-09-3, 04-05, 04-06; and
WHEREAS, the Council has determined to amend Paragraph 3 of the resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of Chanhassen,
Minnesota:
1. 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.
2. Such assessment shall be payable in equal annual installments extending over a period of
seven (7) years, the first of the installments to be payable with the first installment of the
2006 property taxes, and shall bear interest at the rate of 6 percent (6%) 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.
3. The special assessments on property outside the MUSA are deferred without interest until
the property is brought into the MUSA. When the deferment, ends the assessments will be
payable in equal annual installments extending over a period of seven (7) years and will
bear interest at the rate of 6 percent (6%) per annum on the unpaid balance from the date the
deferment ends.
4. 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 if the entire assessment is paid within 60 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.
5. 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 9th day of January, 2006.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES
NO
ABSENT