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ITEM 4.2.
February 25, 1997
File: 230-320-58
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
ORONO LAKE 3RD ADDITION IMPROVEMENTS
ASSESSMENT HEARING
Dear Council Members:
As you are aware, the assessment hearing for the proposed Orono Lake 3rd Addition
improvements is scheduled for Monday, March 3, 1997. This project consists of
constructing sanitary sewer, water, and storm sewer improvements, along with new
streets including concrete curb and gutter in this Addition. Previously, Fresno Street was
upgraded with the construction of improvements in the Heritage Landing and Mississippi
Oaks Additions. At that time, sanitary sewer, water, and storm sewer were constructed
within Fresno Street and the street was upgraded to a new urban type street with concrete
curb and gutter. Assessments to the abutting properties were for street and storm
drainage improvements at that time. Those property owners were told at that assessment
hearing that they would not be assessed for sanitary sewer and watermain until they either
chose to hook up individually, or utility improvements were constructed throughout the
Orono Lake 3rd Addition.
Because of the previous assessment for street and storm drainage to those properties
abutting Fresno Street, the current assessment hearing will have two levels of assessment.
The properties that have been previously assessed along Fresno Street are proposed to
now be assessed for sanitary sewer and water improvements. That assessment was
estimated at $7,500 per lot in the feasibility study, and is now proposed to be levied at
$7,275 per lot. The other properties within the Addition that are receiving street and
utility improvements were estimated in the feasibility study to receive an assessment of
$12,500 per lot. That number has been revised lower for the assessment hearing to
$12,150 per lot.
At the assessment hearing on Monday evening, I will be prepared to give a brief
presentation on the project scope, the determination and spreading of assessments, and
be available to answer any questions the City Council or public may have.
An Equal Opportunity Employer
Honorable Mayor and City Council
February 25, 1997
Page Two
At this time, the City has received one written assessment appeal from Gwen Smith,
18290 Fresno Street, a copy of which is attached. Also, the Council will remember the
individual at the public hearing who lives on the north end of Denver Street and owned
two lots. At that point in time, he was proposed to have two assessments. He indicated
he had no desire to build on the second lot. At the public hearing, he was told that if he
would combine his lots for tax purposes into one unit, his assessment would be based on
one large unit. At the time of the preparation of the assessment roll, the combination of
those two lots has not occurred, so that individual did receive notice of two assessments.
We did calculate the assessment rate, however, based on one of those units dropping out
of the assessment roll.
Individuals may appeal this project assessment by presenting a signed, written objection
to the Vice Mayor at the hearing. An individual simply standing up at the assessment
hearing indicating their objection to this project does not constitute an assessment
appeal. Following the submission of a signed, written objection, the property owner also
has to serve a 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. At the close of the assessment
hearing, it would be appropriate for the City Council to consider the attached resolution
adopting the final assessment roll. This 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
Terry J. Maurer, P.E.
TJM: tw
Attachments
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
Orono Lake 3rd Addition 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 10 or 15 years.
o
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
FEI] 19 1991
PROTEST OF ASSESSMENTS TO ORONO LAKE THIRD ADDITION
February 17, 1997
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: Orono Lake Third Addition Assessment Hearing
March 3, 1997 - 6:00 P.M.
Dear City Council Members:
This is notice to appeal another special assessment to my property at 18290 Fresno Street. According to
the law - you have to prove there is a real need for such an assessment. This development is only 20
years old. The only reason Fresno street and now the other streets in Orono Lake Third Addition was
picked for improvements was so the City could facilitate the developments on the southside of County Road
30. That was done thru Fresno Street and now you want to force us to hook up to sewer and water. I have
excellent water and will not drink city water. My sewer works fine and I've never had a problem with
drainage. I don't plan to hook up so it would be a waste of my money and your time to proceed with this
proposal.
You are putting a hardship on myself as well as other single households in this addition. I have had to re-
finance my home just to pay offthe first assessments of 4 years ago..Now you are want more.
I want to hear what the Cities legitimate cause or need is for this action. As stated on the letter, this is a
hearing and I hope you are listening to the people! I will be attending the meeting on March 3, 1997.
18290 Fresno St.
Elk River, MN 55330
441-1358
Project:
Project No:
Parcel:
Owner:
ASSESSMENT SCHEDULE
Constant Principal Payment Method
Orono Lake 3rd Addition Streets
230-320-58
75-491-0110
Smith, Gwendolyn R
Interest Start Date:
Repayment Period:
Interest Rate:
1-Dec-97
10 yrs
8.00%
Assessments:
Sani[ary Sewer &
Watermain
Lot:
Block:
Addition:
Quantity Unit Measure Unit Price
I PER UNIT 7,275.00
1
1
Orono Lake 3rd
Amount
$ 7,275.00
YEAR
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
$
$
$
$
$
$
$
$
$
$
ANNUAL
PAYMENT
PRINCIPAL INTEREST
PAYMENT PAYMENT
$ $
1,358.93 $ 727.50 $ 631.43
1,251.30 $ 727.50 $ 523.80
1,193.10 $ 727.50 $ 465.60
1,134.90 $ 727.50 $ 407.40
1,076.70 $ 727.50 $ 349.20
1,018.50 $ 727.50 $ 291.00
960.30 $ 727.50 $ 232.80
902.10 $ 727.50 $ 174.60
843.90 $ 727.50 $ 116.40
785.70 $ 727.50 $ 58.20
10,525.43
Total Annual Payment
PRINCIPAL
PAYMENT
$ 7,275.00
$ 6,547.50
$ 5,82O.OO
$ 5,O92.5O
$ 4,365.00
$ 3,637.5O
$ 2,910.00
$ 2,182.50
$ 1,455.O0
$ 727.50
$
320-58AS.XLS 1/31/97