HomeMy WebLinkAbout[05] Continued Public Hearing - Contested Street Assessments
Council Agenda Item 5
MEETING DATE: October 7, 2019
AGENDA ITEM: Continued Public Hearing – Contested Street Assessments
SUBMITTED BY: Administrator/Engineer/City Attorney
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The City Council on February 4, 2019 ordered the 2019 Street
Improvement Project and subsequently ordered the solicitation of bids and the preparation of a benefit
analysis to support the proposed assessments.
June 17, 2019 the City Council set the public hearing for July 10, 2019 to consider adoption of the
assessment roll.
BACKGROUND INFORMATION: The assessment hearing was scheduled for July 10 at 6:00 PM.
The Council conducted the public hearing, receiving three written contentions. Upon closing the public
hearing the Council adopted the final assessment roll with the exception of the following and motioned to
reconvene the public hearing on August 19 providing staffs time to review the contested assessments.
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The public hearing was not held at the August 19 meeting and the Council called for the hearing to
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reconvene on October 7.
Staff met with Joseph and Joanne Bechtold and representatives for Shirley Hove for the following
properties: 84.53300.0320 and 84.53300.0321. Staff is recommending reducing the assessment from .02
per square foot to .015 per square foot and to defer the assessment for five years or until the property is
sold, whichever comes first. In year six, January 2025, the assessment will become payable and interest
will start accruing at 4.5% and will be certified to Stearns County for attachment to the real estate taxes
over a ten year period. If the assessment is paid in full before November 15, 2024, no interest will be
applied.
Deutz Housing, LLC has perfected their contention and the City was served notice of the complaint and
received the notice for scheduling the hearing. City Attorney Tom Jovanovich has been corresponding
with the attorney representing Mr. Deutz. The following was countered to Mr. Deutz in response to his
initial proposal as directed by the Council.
84.53900.0000: Original assessment amount was $2,614.00. The City will assess $2,614.00
84.53854.0001: Original assessment amount was $$1,188.00. The City will assess $594.00
84.53854.0000: Original assessment amount was $1,109.00. The City will assess $831.00
84.53645.0000: Original assessment amount was $4,738.00. The City will assess $4,738.00
84.53725.0000: Original assessment amount was $12,000.00. The City will assess $9,000.00
84.53725.0005: Original assessment amount was $12,000.00. The City will assess $2,000.00
ATTACHMENTS: Request for Council Action
Resolution 2019-063 Adopting Final Assessment Roll
\[Contested Parcels\] 2019 Street Improvement Project
Revised Assessment Roll
REQUESTED COUNCIL ACTION: Authorize the Mayor and City Administrator to execute
Resolution 2019-063 adopting final assessment roll \[contested parcels\] for the 2019 Street Improvement
Project.
RESOLUTION 2019-063
Adopting Final Assessment Roll \[Contested Parcels\]
2019 Street Improvement Project
WHEREAS, pursuant to proper notice duly given as required by law, the City Council met on
July 10, 2019 at 6:00 PM to hear all testimony regarding the proposed assessment for the 2019 Street
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Improvement No. STJOE147693 improving 12 Avenue SE between a point 250 feet north of E Baker
Street and a point 250 feet south of Dale Street, Pond View Lane E between E Baker Street and Dale
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Street, 13 Avenue SE cul-de-sac south of E Baker Street, E Baker Street between a point 250 feet west
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of 12 Avenue SE and 16 Avenue SE, Callaway Street E between 12 Avenue SE and Pond View Lane
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E, Cary Court cul-de-sac east of 12 Avenue SE, Cedar Court cul-de-sac east of Pond View Lane E, Dale
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Street E between a point 250 feet west of 12 Avenue SE and 16 Avenue SE, 4 Avenue NE between
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County State Aid Highway (CSAH) 75 and Minnesota Street E, 4 Avenue SE between Minnesota Street
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E and E Baker Street, 1 Avenue NW between CSAH 75 and Minnesota Street W, Birch Street W
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between 2 Avenue NW and College Avenue N, Ash Street W between 2 Avenue NW and College
Avenue N and, Jade Road between County Road 121 and the south City limits at Interstate 94; and
WHEREAS, before the public hearing was closed, the City received written objections to the
proposed assessment from the following property owners:
1. Joseph and Joann Bechtold, PID # 84.53300.0320
2. Shirley Hove, PID # 84.53300.0321
3. Deutz Housing LLC, PID # 84.53725.0005, 84.53725.0000, 84.53854.0001, 84.53854.0000,
84.53900.0000, 84.53645.0000
WHEREAS, upon closing the public hearing, Councilor Loso made a motion to approve the final
assessment roll for the 2019 Street Improvement as presented, excluding the parcels identified above for
continued discussion and to reconvene the hearing for the same parcels on August 19, 2019. The motion
was seconded by Schultz and passed unanimously; and
WHEREAS, on September 5, 2019 the Council called to reconvene the public hearing on
October 7, 2019, due to staff needing additional time to review the contested assessments; and
WHEREAS, upon meeting with Joseph and Joann Bechtold and Shirley Hove, and reviewing the
assessment for Deutz Housing a revised assessment roll has been prepared and presented to the City
Council for adoption.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA:
WITH REGARD TO JOSEPH AND JOANNE BECHTOLD AND SHIRLEY HOVE.
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
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 calculated at a rate of $.015 per square foot and shall be deferred for
a period of five years or until the property is sold, whichever comes first. Interest for the first five years
will be waived, with interest starting January 1, 2025. The assessment will become payable January 1,
2025 and will 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 2025, and shall bear an interest rate of
4.5 percent. If the assessment is paid prior to November 15, 2024 no interest shall be charged. To the
first installment shall be added interest on the entire assessment amount from the January 1, 2025 to
December 31, 2025. To each subsequent installment when due shall be added interest for one year on all
unpaid installments.
3. 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, to the city treasurer,
except that no interest shall be charged if the entire assessment is paid before November 15, 2024; and the
property owner 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
succeeding year.
4. 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
WITH REGARD TO DEUTZ HOUSING LLC:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
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 as follows:
84.53900.0000: The City will assess $2,614.00
84.53854.0001: The City will assess $594.00
84.53854.0000: The City will assess $831.00
84.53645.0000: The City will assess $4,738.00
84.53725.0000: The City will assess $9,000.00
84.53725.0005: The City will assess $2,000.00
2. Such assessment shall 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 2020, and shall
bear an interest rate of 4.5 percent. To the first installment shall be added interest on the entire
assessment amount from the date of this resolution until December 31, 2019. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
3. 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 30 days from the adoption of this resolution; and the property owner 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 succeeding year.
4. 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
Adopted this ____ day of ____________________, 2019
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Kris Ambuehl, City Administrator Rick Schultz, Mayor