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4.1. SR 03-03-1997CONS[LT[NG ENGINEER~ 1326 Energy Park Drive St, Paut, MN 55108 612-644-4389 1-800-888-2923 Fax: 612-644-9446 February 25, 1997 File: 230-331-58 Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 LOWELL AVENUE IMPROVEMENTS PUBLIC HEARING AND ASSESSMENT HEARING ITMM 4.1. CIVIL ENGINEERING: ENVIRONMENTAL MUNICIPAL '~iANNING ST¢IjCTURAL SURVEYING TRAFFIC TRANSPORTATION ELECTRICAL/MECHANICAL ENGINEERING HVAC POWER DiSTRiBUTION SCADA SYSTEM CONTROLS OFFICES IN: ~INNEAPOLIS eRIOR LAKE ST. PAUL WASECA Dear Council Members: The public hearing and assessment hearing for the proposed reconstruction of Lowell Avenue between TH 10 and Main Street is scheduled for Monday, March 3, 1997. The project consists of reconstructing the existing street to a similar width and reconstructing the adjacent sidewalks where necessary. The proposed assessment is $42.00 per front foot. There are four affected property owners along Lowell Avenue. They are Cretex Companies, Jarmoluk Family Trust, Beaudry Oil and Services, and Sherburne County. As the plans were prepared for this project late last year, all four of these property owners were contacted and the proposed project was discussed with them. With the pending sale of the Sherburne County property to the School District, we have also contacted Ron Bratlie of the School District and discussed the proposed improvement and assessment with him. As a matter of convenience to the affected property owners, the City is holding the public hearing and the assessment hearing the same evening. I will be prepared to give a brief presentation on the project scope, the proposed assessments, and be available to answer any questions the public and/or City Council may have. At this time, the City has not received any formal written appeals from property owners. Individuals may appeal this project assessment by presenting a signed, written objection to the Vice Mayor at the assessment hearing. An individual simply standing up at the assessment hearin~ indicating their o~ection to this project does not constitute an assessment appeal. Following the submission of a signed, written objection, the property owner also has to serve notice of appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment roll, and must file this notice with the District Court within 10 days after serving the Mayor or City Administrator. An Equal Opportunity Employer Honorable Mayor and City Council February 25, 1997 Page Two At the close of the public hearing and assessment hearing, it would be appropriate for the City Council to consider the attached two resolutions. The first resolution orders the improvement and the second resolution adopts the final assessment roll. This second resolution can be adopted with any modifications the City Council deems appropriate. If you have any questions, I will be in attendance at Monday evening's meeting. Sincerely, MSA, CONSULTING ENGINEERS Te~er, e. E TJM:tw Attachments 331-2513.~b RESOLUTION 97- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE LOWELL AVENUE IMPROVEMENT OF 1997 WHEREAS a public hearing relating to the Lowell Avenue improvement was held before the Elk River City Council after ten days mailed notice and two weeks published notice of the hearing was given; and the City Council has duly considered the Feasibility Report and those matters presented at the public hearing by those persons desiring to be heard on the matter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: The Lowell Avenue improvement is hereby ordered as recommended in the Feasibility Report dated October 12, 1996. MSA, Consulting Engineers is hereby designated as Project Engineer for this improvement. The Project Engineer is directed to prepare plans and specifications for the making of the improvement and the solicitation of competitive bids. Passed and adopted this 3rd day of March, 1997. John Dietz, Vice Mayor ATTEST: Sandra A. Thackeray, City Clerk 230/320-2511. feb RESOLUTION 97- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL upon due notice properly made as required by law, the Elk River City Council has met and heard and passed upon all objections to the proposed assessment for the Lowell Avenue improvement and has determined the amount to be assessed against each individual property as the Council deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 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 8.0% over a period of 5, 10, or 15 years. 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. 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 3rd day of March, 1997. ATTEST: John Dietz, Vice Mayor Sandra A. Thackeray, City Clerk 230/320-2511. feb