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HomeMy WebLinkAbout2011-10-05 PACKET 06.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 10/05/11 PREPARED BY Engineering Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Conduct a public hearing considering the assessment of the public improvements for the 2011 Pavement Management Project, 2. Adopt resolution adopting assessments for the above project. STAFF RECOMMENDATION Hold the public hearing and adopt the resolutions as presented. BUDGET IMPLICATION 1-11170c] 0 1 :4 7 G 1 P/[Sig] 0 ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS ACTUAL AMOUNT DATE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Jennifer Levitt, September 27, 2011. Robin Roland, October 5, 2011 ® RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Final Assessment Role COUNCIL ACTION TAKEN: [ ❑ DENIED ❑ OTHER H:\mkock \COUNCIL FORMS \Council Action Form.doc RESOLUTION NO. 11- RESOLUTION ADOPTING ASSESSMENTS FOR THE 2011 PAVEMENT MANAGEMENT HOWARD'S ADDITION (DISTRICT A) AND PINE COULEE & COUNTRYWOOD (DISTRICT 1) ROAD PROJECT 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 of the 2011 Pavement Management Howard's Addition (District A) and Pine Coulee & Countrywood (District 1) Road Project. NOW THEREFORE BE IT RESOLVED, the City Council of Cottage Grove, County of Washington, State of Minnesota, as follows: Such proposed assessment, in the amount of $515,624, 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 benefit 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 15 years, at an interest rate of 7 %, the first of the installments to be payable on or before the first Monday in January, 2012, and shall bear interest on the entire assessment from the date of this resolution until December 31, 2012. 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 no interest shall be charged if the entire assessment or on any amount $500 or greater is paid within 30 days from the adoption of this resolution; and she /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 payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Director of Finance shall transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Passed this 5th day of October 2011. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk T of • ••- Gro TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: Robin Roland, Finance Director Jennifer Levitt, City Engineer Brenda Peper, Financial Analyst DATE: September 27, 2011 T RE: Conduct Public Hearing on the 2011 Pavement Management Project and Consider Adopting the Assessments for the 2011 Pavement Management Project Introduction On September 7, 2011 the City Council declared the costs to be assessed and called for a public hearing to consider the assessments for the 2011 Pavement Management Project. Notices were mailed to property owners and published in the South Washington County Bulletin on September 21, 2011. The action requested at this meeting is to hold the public hearing. Following the hearing, Council is asked to consider the adoption of the assessments. Due to staff's desire to allow for the completion of the majority of the project (substantial completion) prior to the assessment hearing, there is no flexibility in timing for this hearing. The assessment roll must be adopted this evening if it is to be certified to the County by the deadline for the 2012 property taxes. Discussion On September 1, 2010 the City Council authorized that a feasibility report be prepared for the 2011 Pavement Management Area. The 2011 Pavement Management Area is for Pine Coulee and Countrywood (District 1) and Howard's Addition (District A) as established by the 1994 Pavement Management Program. The City Council held a workshop session on October 20, 2010 to discuss the various elements of the proposed improvements. The workshop session provided the necessary guidance to define the scope of the improvements. The Council approved the feasibility report on November 3, 2010 and called for a public hearing to be held on December 1, 2010. A neighborhood meeting was held on November 9, 2010 for the project. A public hearing was held on December 1, 2010 for the project and the Council ordered the improvements. City Council 2011 Pavement Management Public Hearing Page # 2 The plans and specifications were approved on March 3, 2011 and the project was awarded to Hardrives, Inc. on April 20, 2011. The City's practice is to assess for improvement projects once the project is substantially complete which has been interpreted to mean a drivable surface (or the wear course paving is complete). The roadway improvements are substantially complete. There is some restoration work that continues this fall and next spring, which is typical on most Pavement Management projects. It is challenging to get grass to grow and establish in one growing season. This summer proved even more challenging with significant rain events in July which caused erosion and seed to washout. The contractor had to return numerous times to the site to re -seed. There were some yards and ditch sections in which sod had to be placed to enable the area to stabilize to prevent erosion. All other areas received seed. Currently, there are a few driveways in which the contractor needs to correct defective work. It is staff's recommendation to proceed with this corrective work in the spring to provide for a better asphalt finish on the driveways; the cold temperatures currently would make this challenging. The end product would be better if performed in the spring with warmer conditions. The proposed assessment amounts follow the adopted Infrastructure Management Task Force (IMTF) policy calling for 45% of the project costs to be assessed equally to all properties in the improvement area. There is one exception parcel in the Pine Coulee neighborhood that is zoned agriculture and the assessment amount is based upon a special benefit appraisal per the IMTF policy. The assessment for that lot is $12,000. Recap of the project costs and funding: The current assessment amounts for Pine Coulee /Country Wood and Howards Addition respectively are $5,194 and $4,745. This compares to the original projected assessment amounts based on the engineer's estimate of $6,000 for Pine Coulee and Playground/ Total Contractor Assessed Storm Park shelter Property Tax -. Per Lot &Other costs Amount °% utility Funding Levy Equivalent Pine Coulee & Countrywcod Streets $852,360.47 $383,562,21 45 %' $ $ - $468,798.26 $4,342.82 Storm Sewer $166,997.69 $75,148.96 45% $57,64518 $ - $34,203.55 $851.50 $1,019,358.16 $458,711.17 45 % $57,645.18 $0.00 $503,001.81 $5,194.32 Howards Addition Streets $105,594.89 $47,517.70 45% $ - $ $58,077.19 $3,959.81 Storm Sewer $20 $9,426.57 45 % $7,230,93 $ $4,290.44 $785,55 $126,542.83 $56,944.27 45% $7,230.93 ' $0.00 $62,367.63 $4,745.36 Pine Coulee Park . Park Improvements $131,899.39 $000 0 %: $ - $45,66329 $8823610 $131,899.39 $0.00 0 %. $0.00 $45,663.29 $86,236.10 Construction Costs $1,277,800.38! $515,655.45 40°% $64,876.10 $45,663.29 i$651,605.54 The current assessment amounts for Pine Coulee /Country Wood and Howards Addition respectively are $5,194 and $4,745. This compares to the original projected assessment amounts based on the engineer's estimate of $6,000 for Pine Coulee and City Council 2011 Pavement Management Public Hearing Page # 3 Countrywood and $6,150 for Howards Addition. Appraisals A special benefit appraisal was conducted by BRKW Appraisals, Inc. on October 18, 2010 for two properties in the Howards Addition. The special benefit was determined to be $7,000. The properties were approximately 1.5 acres. A special benefit appraisal was conducted by BRKW Appraisals, Inc. on October 18, 2010 for seven properties in the Pine Coulee and Countrywood developments. The special benefit ranged from $6,000 to $9,000. The City Council capped the assessment at $6,000 at the time the project was ordered. The agriculturally zoned property had a special benefit of $12,000 for the 14.60 acre parcel. Payment Options If the assessment roll is adopted after the public hearing, property owners will have 30 days to pay the entire assessment, or make a partial payment of at least $500, without incurring interest charges. In the event that the assessment is not paid within 30 days, the assessment roll will be certified to the County for collection over the next 15 years. If certified to the County, annual principal and interest payment added to the property taxes would be approximately $796 each year for Pine Coulee and Countrywood and $727 each year for Howards Addition. Action Requested • Conduct the public hearing for the project. • Adopt the assessment roll for the 2011 Pavement Management Project. I I I b �... N S S 2, m�D t S .. 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N - ti ff , N O N O N O N O N O N O N O N O N O N O N O N O y G City of Cottage Grove Finance Department TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: Robin Roland, Finance Director DATE: October 5, 2011 SUBJECT: Interest rate on Special Assessments Introduction The City charges a standard 7% interest rate if pavement management assessments are certified to residents' property taxes. Discussion The IMTF Special Assessment Policy for public improvements Section 6.2 - Interest rate reads "The interest rate of special assessments shall be at a rate established annually by the City Council at the time of the certification of the levy." Effectively, this provision is satisfied each year when the special assessment public hearing is held. The interest rate on all pavement management special assessments has been 7% since the program's inception in 1994. Certain 'equity' between payers exists over the last 15 years as all have paid the same interest rate on certified assessments. According to a December 2007 memo from Ron Hedberg "Council policy on this matter was apparently set through approval of bond documents that related to the first pavement management project in 1994. The documents stated that the rate of interest would be at a rate of 1.5% greater than the TIC (total issuance costs) but not less than 7 %." Special assessments may be paid in the first 30 days after adoption without interest. It is only after the assessment is certified that interest is applied. The certified assessment is a financing tool that is offered to residents and as such, interest rates applied should be compared to the interest rates of other available financing tools. Current interest rates range from 4 % on home equity credit lines to 9.25 % to 13.25% unsecured lines of credit at a bank and up to 24% on credit cards. Special assessments are collected to repay the costs of the project. If project costs are paid for through the issuance of bonds, the bonds must be repaid over time at a specified interest rate. Special assessment payments received during the first 30 days are invested by the City and used to make future debt payments on bonds. All other special assessments (principal and interest) are collected through property tax payments over the specified time period and are used as they are received for bond payments. As the documentation in this packet attests, other cities use a policy formula to determine the interest rate on certified special assessments Honorable Mayor, City Council, and Ryan Schroeder Page 2 of 2 which takes into account the interest rate on the bonds to be paid. Although this policy has its justification, it is not the only acceptable policy on special assessment interest rates. In the case of the 2011 Pavement Management project, the City has used existing funds on hand to pay for project costs, subject to potential reimbursement from future bonding. Special Assessment principal and interest payments collected will be returned to the pavement management capital project fund and used to reduce any subsequent debt service on bonding.