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IV.5 Adopt Resolution 2014-060, Adopting Assessment Roll, Sanitary Sewer Services, 2013 Street and Utility Improvements, City Project 2012-10A-ca City of Hopkins October 7, 2014 Council Report 2014-110 ADOPT ASSESSMENT ROLL SANITARY SEWER SERVICES 2013 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 2012-10A Proposed Action Staff recommends the following motion: "Adopt Resolution 2014-060, Adopting Assessment Roll, Sanitary Sewer Services, 2013 Street and Utility Improvements, City Project 2012-10A." Overview During construction of the 2013 Street and Utility Improvements, it was discovered that many of the existing sanitary sewer services in the project area were Orangeburg pipe. State law requires the homeowners to replace this pipe when it is discovered. Because of the financial burden already faced by homeowners from the street improvement project, Council offered homeowners the option of having the service replacement cost placed on an assessment at 3.87% for 10 years. Each homeowner was required to sign a request of assessment/waiver of appeal in order to use this financing option. Most of this work was completed last year, and assessments were levied for the work that was done. This year there were six (6) services remaining that needed replacement, and only three (3) are being assessed. This action considers only the services that were replaced this year and being assessed. Assessment calculations were based on the actual cost to install the services. Payments can be made without interest until November 6, 2014. Payments can be made to the City of Hopkins with interest accrued until November 29, 2014. Any balance remaining will be certified to Hennepin County for collection beginning with the 2015 property taxes. Supporting Information ■ Request for Assessment and Waiver of Appeal ■ Assessment Roll ■ Resolution 2014-060 Nate Stanley, City Engineer Financial Impact: $0 Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: ;:\Users\dsperlingWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4Q2SJG6A\CR2014-110 Adopt Assessments Sanitary Services 2013 Recon.doc - - ---- law This REQEST TO ASSESS THE COSTS OF INSTALLING A SANITARY SEWER SERVICE LINE AND WAIVER OF APPEAL AND HEARING TO CONTEST THE ASSESSMENT (the "Waiver") is made by jlArt-G C. ("'Owner" or "Owners"), owners of real property located at -2— Hopkins, Hennepin County, Minnesota (the "Property"). WHEREAS, the City of Hopkins (the "City") will be installing a new sanitary sewer line (the "Line") that will serve the Property, and; WHEREAS, the Owners may desire to or may be required to repair or replace the service line which connects the Property to the Line (the "Service Line"), and; WHEREAS, the cost to repair or replacement the Service Line is solely that of the Owners, and; WHEREAS, the City is offering the Owner the choice to have the cost assessed against the Property to be paid over a ten (10) year period (the "Assessment"), and; WHEREAS, Minnesota law allows a property owner to, contest a financial assessment against their property, and; WHEREAS, the City's offer to allow the Owners to assess the cost against the Property is conditioned upon the Owners waiving all legal rights to contest the Assessment. NOW, THEREFORE, the Owners state as follows: ACKNOWLEDGEMENT. The Owners acknowledge and agree as follows: a. The proposed Assessment is not mandatory and can and will only be imposed on the Property with their consent; b.Pursuant to Minn. Stat. Sect. 429.061, real property owners have the right to request a hearing with the Hopkins City Council to contest a financial assessment against their property; c. Pursuant to Minn. Stat. Sect. 429.081, real property owners have the right to appeal to District Court a financial assessment against their property; d. The City will only agree to allow the costs for the Service Line to be assessed against the Property on the condition they waive their rights provided by Minn. Stat. Sects. 428,061 and 429.081 and any similar provisions contained in Minnesota statues, common law or the Hopkins City Charter; e. The Assessment will be for a ten (10) year repayment term and will incur interest at the rate of three and 871100 percent (3.8,7%); f. The Owners agree that they have had an opportunity to obtain legal advice regarding their waiver and that they have not relied on any rep-resentations, written or oral, from any employee or agent of the City of Hopkins. 2. REQUEST. The Owners hereby request that the City of Hopkins assess against the Property the cost in repair or replace the Service Line connecting the Line to the Property. 3. WAWER. The Owners hereby waive all rights they have or might have pursuant to Minn. Stat. Sect. 429.061, Minn. Stat. Sect. 429.081 and any other provision of Minnesota statutes, the common law or the Hopkins City Charter that provides the Owners with the right to I seek a hearing before the Hopkins City Council to contest the Assessment or to appeal the Assessment to District Court Date: Ver Date: Owner V This REQEST TO ASSESS THE COSTS OF INSTALLING A SANITARY SEWER SERVICE LINE AND WAIVER OF APPEAL AND HEARING TO CONTEST THE ASSESSMENT (the "Waiver") is made by ("Owner" or "Owners"), owners of real property located at Hopkins, Hennepin County, Minnesota (the "Property"). WHEREAS, the City of Hopkins (the "City") will be installing a new sanitary sewer line (the "Line") that will serve the Property, and; WHEREAS, the Owners may desire to or may be required to repair or replace the service line which connects the Property to the Line (the "Service Line"), and; WHEREAS, the cost to repair or replacement the Service Line is solely that of the Owners, and; WHEREAS, the City is offering the Owner the choice to have the cost assessed against the Property to be paid over a ten (10) year period (the "Assessment"), and; WHEREAS, Minnesota law allows a property owner to contest a financial assessment against their property, and; WHEREAS, the City's offer to allow the Owners to assess the cost against the Property is conditioned upon the Owners waiving all legal rights to contest the Assessment, NOW, THEREFORE, the Owners state as follows: ACKNOWLEDGEMENT. The Owners acknowledge and agree as follows: a. The proposed Assessment is not mandatory and can and will only be imposed on the Property with their consent; b. Pursuant to Minn. Stat. Sect. 429.061, real property owners have the right to request a hearing with the Hopkins City Council to contest a financial assessment against their property; c. Pursuant to Minn. Stat. Sect. 429.081., real property owners have the right to appeal to District Court a financial assessment against their property; d. The City will only agree to allow the costs for the Service Line to be assessed against the Property on the condition they waive their rights provided by Minn. Stat. Sects. 428.061 and 429.081 and any similar provisions contained in Minnesota statues, common law or the Hopkins City Charter; e. The Assessment will be for a ten (10) year repayment term and will incur interest at the rate of three and 87/100 percent (3.87%); f. The Owners agree that they have had an opportunity to obtain legal advice regarding their waiver and that they have not relied on any representations, written or oral, from any employee or agent of the City of Hopkins. 2. REQUEST. The Owners herebyrequest that the City of Hopkins assess against the I C� Property the cost in repair or replace the Service Line connecting the Line to the Property. 3. WAIVER. The Owners hereby waive all rights they have or might have pursuant to Minn. Stat. Sect. 429,061, Minn. Stat. Sect. 429.081 and any other provision of Minnesota statutes, the common law or the Hopkins City Charter that provides the Owners with the right to seek a hearing before the Hopkins City Council to contest the Assessment or to appeal the Assessment to District Court. Date: Date: Owner I I j i6mell XMI 110 1 My W 1, y 10- Allwa- -9 112 111 i W.1, This REQEST TO ASSESS THE COSTS OF INSTALLING A SANITARY SEWER SERVICE LINE AND WAIVER OF APPEAL AND HEARING TO CONTEST THE I ASSESSMENT (the "Waiver") is m �de by 8,c)41- / q0 ("Owner"Lbr "Owners"), owners of real property located at Hopkins, Hennepin County, Minnesota (the "Property"). WHEREAS, the City of Hopkins (the "City") will be installing anew sanitarysewerline (the "Line") that will serve the Property, and; WHEREAS, the Owners may desire to or may be required to repair or replace the service line which connects the Property to the Line (the "Service Line"), and; WHEREAS, the cost to repair or replacement the Service Line is solely that of the Owners, and; WHEREAS, the City is offering the Owner the choice to have the cost assessed against the Property to be paid over a ten (1.0) year period (the "Assessment"), and; WHEREAS, Minnesota law allows a property owner to contest a financial assessment against their property, and; WHEREAS, the City's offer to allow the Owners to assess the cost against the Property is conditioned upon thc'Owners waiving all legal rights to contest the Assessment. NOW, THEREFORE, the Owners state as follows: 1. ACKNOWLEDGEMENT. The Owners acknowledge and agree as follows: a. The proposed Assessment is not mandatory and can and will only be imposed on the Property with their consent; b. Pursuant to Minn. Stat, Sect. 429.061, real property owners have the right to request a hearing with the Hopkins City Council to contest a financial assessment against their property; c. Pursuant to Minn. Stat. Sect. 429.081, real property owners have the right to appeal to District Court a financial assessment against their property; d. The City will only agree to allow the costs for the Service Line to be assessed against the Property on the condition they waive their rights provided by Minn. Stat. Sects. 428.061 and 429.081 and any similar provisions contained in Minnesota statues, common law or the Hopkins City Charter; e. The Assessment will be for a ten (10) year repayment term and will incur interest at the rate of three and 87/100 percent (3.87%); The Owners agree that they have had an opportunity to obtain legal advice regarding their waiver and that they have not relied on any representations, written or oral, from any employee or agent of the City of Hopkins. 2. REQUEST. The Owners hereby request that the City of Hopkins assess against the Property the cost in repair or replace the Service Line connecting the Line to the Property. 3. WAWER, The Owners hereby waive all rights they have or might have pursuant to Minn. Stat. Sect. 429.061, Minn. Stat. Sect. 429.081 and any other provision of Minnesota statutes, the common law or the Hopkins City Charter that provides the Owners with the right to seek a hearing before the Hopkins City Council to contest the Assessment or to appeal the Assessment to District Court, Date: Owner Date: Miscellaneous Sewer Replacement - in conjunction with 2013 Street Project South Presidential neighborhood August 2014 PID Property Address Name Mailing Address 19-117-2134 0094 122 Van Buren Ave S Bryan S McDonald Rosalynd McDonald 122 Van Buren Ave S 19-117-2134 0119 105 Van Buren Ave S John F Steinlicht Connie K Steinlicht 6801 Canterbury La 19-117-2134 0128 129 Harrison Ave S Jurgen W Seemann 310 Harrison Ave S 10/07/2014 Assessed City State Zip Amount Hopkins MN 55343 Eden Prairie MN 55346 Hopkins MN 55343 TOTAL $3,135.00 $4,375.00 $2,725.00 $M235.00 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014-060 RESOLUTION ADOPTING ASSESSMENT ROLL SANITARY SEWER SERVICES 2013 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 2012-10A WHEREAS, all property owners have signed a document requesting the costs for installing a sanitary sewer service line to be assessed and waiving the right to appeal the assessment and hold a public hearing for the assessment, WHEREAS, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of 2013 Street and Utility Improvement Sanitary Sewer Replacements Project, as described in the files of the City Clerk as Project 2012-10A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins, Minnesota: 1. Such proposed assessment, as may be amended and 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 payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or after the first Monday in January 2015, and shall bear interest at a rate 2 percent higher than the true interest "net interest" rate of the bonds that are issued for the project 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 October 7, 2014, until December 31, 2015. To each subsequent installment when due shall be added interest from one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non -abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 429.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. Resolution No. 2013-060 -2- 5. The clerk shall forthwith transmit a certified duplicate of the assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Hopkins, Minnesota, this 7rd day of October, 2014. itz ATTEST: Amy Domeier, City Clerk Eugene J. Maxwell, Mayor