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Home My WebLink About7.a. Motion to Approve Resolution Adopting a Special Assessment for Payment of Sewer Availability Charges EXECUTIVE SUMMARY City Council Meeting: October 20, 2015 AGENDA ITEM: Motion to Approve Resolution Adopting a Special Assessment for Payment of Sewer Availability Charges AGENDA SECTION: Public Hearing PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. 7.a. ATTACHMENTS: Resolution, Copy of Certified Letter Notifying Property Owner, Copy of Supplemental Charges Letter & Frequently Asked Questions APPROVED BY: ddj RECOMMENDED ACTION: Hold the Public Hearing, Motion to Approve Resolution Adopting the Special Assessment for the property at 34-44300-01-070 SUMMARY In 2006, The City upgraded 132nd Court as part of the Bonaire project. With the road upgrade, sewer and water was installed within the roadway to be made available to the small lot rural residential parcels that ring 132nd Court. At that time the City assessed the properties for the road and utility trunk fees with the intention that SAC fees would be obtained at the time each property was hooked up to the services. A letter was send to each of the property owners at that time explaining the fees and permitting assessment of the connection charges. The property at 2635 & 2537 (a duplex) recently connected to city sewer and water. The property owner, Laxman Sundae, paid the required connection fees for one unit but did not pay for a second. There was some confusion about the appropriate fee to be paid at the time the permit was issued. Apparently a different duplex on 132nd Court was only assessed one SAC when it hooked up to the City system; it is unclear why this determination was made. The property is a legal duplex and therefore two SAC charges are required, one per unit. As the Council may recall, the SAC program is run by the Metropolitan Council but administered by the City that obtains appropriate payments at the time of building permit issuance. The actual SAC determination is made by the Metropolitan Council. Staff has verified that two SAC’s should be charged for this property. Mr. Sundae has refused to pay the second SAC charge voluntarily. In discussions with the City Attorney, she has verified that the City can assess the SAC charges so long as the City goes through the formal assessment process. Staff has published the notice of the public hearing which was published in the October 8, 2015 Town Pages and Mr. Sundae has been notified of the hearing via certified mail. The assessment amount is $3685 which is the cost of one SAC unit and includes the Metropolitan Council and City charge. The amount would be assessed for 10 years with an interest rate of 4.22% or 2 points above the City’s bond rate. Similar to any assessment, the property owner can pay off the assessment without accruing any interest, if 2 paid by November 20, 2015. Staff wanted to give Mr. Sundae ample opportunity to pay off the assessment prior to having the County file the assessment against the property, which is why this hearing is scheduled in November. CONCLUSION AND RECOMMENDATION Staff has processed the special assessment according to State Statute. Further, property owners were notified in 2006 about the fees associated with connecting to public utilities. The Metropolitan Council determines the SAC charge per property and has determined that the site requires two SACs. Staff recommends opening the public hearing and after closing the hearing, recommends approval of the resolution adopting the special assessment for the property at 34-4430-01-070 in the amount of $3865. 4 ROSEAVIOUNT COMMUNITY DEVELOPMENT September 30, 2015 Laxman Sundae Alexie Sundae 2055 128th Street W Rosemount, MN 55068 RE: Assessment of SAC on PID 34-44300-01-070 Dear Mr. Sundae, Thank you for obtaining the water meter for 2637 132"`'Court W. As advised in the letter dated September 16, 2015 Metropolitan Council Environment Services has determined that the Sewer Access Charges (SAC) on PID 34-44300-01-070 is two units. The unpaid SAC charges of$3,685 will be presented to Council as proposed assessments during a public hearing on October 20th, 2015. Enclosed you will find a copy of the notice that will be published and posted on October 8th, 2015. If you have questions,please feel free to call me at (651)322-2020 Sincerely, Kim Lindquist Community Development Director Enc. SPIRIT OF PRIDE AND PROGRESS Rosemount City Hall • 2875 145th Street West • Rosemount, MN 55068-4997 651 -423-4411 • TDD/TTY 651 -423-6219 • Fax 651 -423-5203 www.ci.rosemount.mn.us CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENTS FOR SEWER AVAILABILITY CHARGES TO WHOM IT MAY CONCERN: TIME AND PLACE GENERAL NATURE OF IMPROVEMENTS: Notice is hereby given that the City Council of the City of Rosemount, Minnesota, will meet in the City Hall in the City of Rosemount, 2875 145th Street West, Rosemount, Minnesota, on the 20th day of October, 2015 at 7:00 p.m., or as soon thereafter as possible, to consider objections to the proposed assessments for the following improvements for unpaid Sewer Availability Charges (SAC) to PID 34-44300-01-070. The Council may adopt the proposed assessment at the hearing. TOTAL AMOUNT OF PROPOSED: The total amount proposed to be assessed is $3,685. WRITTEN OR ORAL OBJECTIONS: Written or oral objections by property owner will be considered at the hearing. However, as explained below, a written objection is required to preserve a property owner's right to appeal an assessment to district court. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Dakota County pursuant to Minnesota Statutes, Section 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. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause. DEFERMENT OF ASSESSMENTS: Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. However, the City has elected not to establish any deferment procedure pursuant to those Sections. PREPAYMENT: You may prepay the entire assessment to the Treasurer of the City until the assessment roll is certified to Dakota County Property Taxation & Records (which will occur on November 20, 2015); after certification to Dakota County Property Taxation & Records, prepayments of the entire amount remaining due may be made to Dakota County Property Taxation & Records at any time. 1 NO PARTIAL: The City Council has not authorized the partial prepayment of assessments prior to certification of the assessment or the first installment thereof to the County Auditor. PREPAYMENT WITHOUT INTEREST, OR WITH INTEREST TO END OF YEAR: NointerestshallbechargediftheentireassessmentispaidbyNovember20, 2015. At any time afterNovember20, 2015, the property owner may still pay the entire amount remaining unpaid to DakotaCountyPropertyTaxation & Records prior to December 31 of any year with accrued interest toDecember31oftheyearinwhichthepersonmakesthepayment. INTEREST RATE: If the assessment is not prepaid by November 20, 2015, interest will accrue on the assessment at the rate of 5% or 2 points above the City's bond rate at the time the assessments are certified to Dakota County Property Taxation & Records, whichever is less. Interest accrues from thedatetobespecifiedintheresolutionlevyingtheassessment, but not earlier than the date of such resolution. Assessments shall be payable in equal annual installments extending over a period of up to10years, the first of the installments to be payable with general taxes for the year 2015, collectible with such taxes during the year 2016. Dated this 8th day of October, 2015. BY ORDER OF THE CITY COUNCIL. f arissa Hai er, City Clerk City of Rosemount Dakota County,MN Auxiliary aids and services are available -Please contact City Clerk at(651)322-2003, no later than October 13, 2015 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit,accessible meeting location, etc. 2 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION 0 DELIVERY Complete items 1,2,and 3.Also complete A. Signatur= item 4 if Restricted Delivery is desired. Agent Print your name and address on the reverse ddressee so that we can return the card to you. B. eceive•"sy(P lnte a e) of DeliveryAttachthiscardtothebackofthemailpiece, r J or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No LAXM INN JUNTA - A LE.X (E.Su N 2.055 1281 W Ohs emou kn- x5068 3. Service Type CJS p'Certified Mail® 0 Priority Mail Express'" 0 Registered 0 Return Receipt for Merchandise El Insured Mail El Collect on Delivery 4. Restricted Delivery?(Extra Fee) El Yes 2. 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