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3.9. SR 11-18-1996ity of iver MEMORANDUM **ITEM 3.9** TO: FROM: DATE: SUBJECT: Mayor & City Council Lori Johnson, Asst. City Administrator/ Finance Director November 18, 1996 Special Assessment Issues There are two special assessment items on which the Council needs to take action. One is to reapportion assessments for Country Crossing Townhomes Third Addition. The second is the approve a resolution amending the resolution which originally adopted the assessment roll for Hillside Crossing II. Country Crossing Townhomes Third Addition As required by State statute, the assessment previously levied on this new plat needs to be reapportioned. The original assessment on parcel 75-583- 0010 was adopted in October, 1994, in the amount of $19,143.00 for the Western Area Phase II trunk water and sewer improvements. This assessment is being reapportioned to the 22 new lots; each lot will be assessed $870.14. Hillside Crossing II At the October 28 Council meeting, a resolution was approved adopting the assessment roll for Hillside Crossing II. There are several items relating to this assessment roll which need to be adjusted. First, the developer requested that the first payment be delayed until 1998. This request was taken into consideration when the project bonds were issued and the bonds were structured accordingly. However, when the roll was prepared, this request was overlooked. The new assessment roll has been adjusted so payments start in 1998. Second, grading and inspection engineering costs were included as part of the assessment amount. When the Council approved these services, escrows where obtained from the developer to cover these costs. These costs should not be included as part of the assessment to this development; the assessment amount has been decreased accordingly. Finally, the developer has requested a change in the manner in which the 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 assessments are spread on the four lots. Since the developer has waived his right to appeal and has made this request in writing, this change can be accommodated. Attached is a resolution to amend the special assessment roll for Hillside Crossing II to incorporate the items discussed above. Action Requested The Council is asked to adopt a motion approving the special assessment reapportionment for Country Crossing Townhomes Third Addition. Second, the Council is asked to approve the attached resolution amending the Hillside Crossing II assessment roll. RESOLUTION 96 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING REVISED FINAL ASSESSMENT ROLL FOR HILLSIDE CROSSING TWO upon due notice properly made as requited by law, the Elk River City Council has met and heard and passed upon all objections to the proposed assessment for the 1996 Hillside Crossing Two improvement and has determined the amount to be assessed against each individual property as the Council deerm just; and WI-IERlgAS, the City Council now deems it appropriate to revise the assessment roll for Hillside Crossing Two adapted by Resolution 96-95; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: Resolution 96-95 adopted by the City Council on October 28, 1996, is hereby revoked. Revised final assessment roll, a copy of which is attached hereto and incorporated herein by this reference, is hereby accepted and adopted and shall constitute the special assessment against the lands therein named. Each such tract of land in the assessment roll is hereby found to be benefitted by the improvement in an amount not less than the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, including both principal and interest, amortized in such amount annually as is required to pay the principal with interest as 6.55 % over a period of five years, beginning in 1998. The owner of any property so assessed, may, at any time prior to certification to the County Auditor of the assessment or the first installment thereof, pay to the City Treasurer the whole of the assessment on such property, with interest accrued to the date of payment; except that no interest shall be charged if the entire assessment is paid within 30 days after the adoption of this Resolution. Prepayment may also be made after the certification of the assessment or first installment thereof by paying to the City Treasurer/Auditor the entire amount of the assessment remaining unpaid with interest. In the case of a payment made before November 15, interest will be calculated through December 31 of the next succeeding year. 00/Z0'd The City Administrator shall transmit to the County Auditor a certified duplicate of the attached assessment roll 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 and adopted this 18th day of November, 1996. ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk 80/E0 ' d 6S:80 96G~-fi~-AON ASSESSMENT ROLL FOR: HILLSIDE CROSSING TWO STREET AND UTILITY IMPROVEMENTS CITY OF ELK RIVER z o C I I 1 ELK RIVER MN 55330 HILLSIDE CROSSING TWO $157,937.51 LOT 1, BLOCK 1 2 ELK RIVER MN '55330 ~ HILLSIDE CROSSING TWO $160,201.83 OUTLOT A, BLOCK 1 3 F~LK'RIVER MN 55330 HILLSIDE CROSSING ~WO $160,201.83 OUTLOT B, BLOCK 1 4 ELK RIVER MN 55330 HILLSIDE CROSSING TWO $160,201.83 OUTLOT C, BLOCK 1 TOTAL: $638,543.00 230297AR.XLS Page 1 11114196