Agenda - Council - 10/12/2010 - Laserfiche WebLink

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CASE # - 7,03 CONSIDER OBJECTION TO THE SPECIAL ASSESSMENT FOR CITY PROJECT 10 -02, CRACK SEALING AND SEALCOATING OF PELTZER ADDITION FROM THE 2010 STREET MAINTENANCE PROGRAM By: Tim Himmer, City Engineer Background: On September 28, 2010 the City Council authorized the levy of special assessments for the 2010 Street Maintenance Program (SMP). Contained within that approval was an objection to project 10 -02, the crack sealing and sealcoating of PELTZER ADDITION by the Minnesota Pollution Control Agency (MPCA). See attached letter for their position on this matter. Properties abutting the streets that received the improvement were assessed $165.62 per parcel, which was 29 % of the actual costs for the improvement pursuant to Council direction on sealcoating assessments, Minnesota Statutes, Sections 429.011 to 429.11 and Chapter 4 of the Ramsey City Code. This amount was 86% of what was included in the original feasibility study ($193). The MPCA owns four properties on Garnet Street, one of the roads that received the maintenance improvement, and their total assessment is $662.48. These properties were purchased as a buffer to the existing landfill and the residences removed; they will never be built on. The MPCA is currently working on a revised zoning designation for these parcels and will be presenting information to the City regarding this matter by the end of the year. Staff has reviewed the request and feels that the MPCA does receive benefit from the completed roadway maintenance improvements. While these parcels may never be built on the MPCA does utilize these adjacent local roads to access and secure portions of the landfill site, and therefore receive benefit. It is staff's opinion that the objection to the assessment should be denied and the MPCA should be required to pay the roadway maintenance assessments at this time. The City Attorney has researched this matter as well and his opinion is attached to this case for Council's review. Recommendation: Staff recommends that the assessment objection from the MPCA for City project 10 -02 be denied, and the assessment levied in the amount of $662.48. Council Action: Motion to deny the MPCA objection to assessment for City project 10 -02, and levy the assessment in the amount of $662.48. Attachments: Location map MPCA objection letter City attorney opinion Reviewed By: City Administrato. City Attorney Director of Public Finance Officer Works/Principal City Engineer CC: 10/12/10