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3.3. SR 12-13-2010REQUEST FOR ACTION To Item Number Ci Council 3.3. Agenda Section Meeting Date Prepared by Consent December 13, 2010 Lori Stich, Accountant Item Description Reviewed by Resolution Levying Special Assessments for Water Availability Tim Simon, Finance Director Charge and Sewer Access Charge Reviewed by Action Requested The City Council is asked to approve the attached resolutions adopting and levying special assessments for lateral sanitary sewer and water and connection to City sanitary sewer and water lines. Background/Discussion Minnesota Statutes Section 444.075 authorizes the City to levy an assessment against a property for the cost of connection fees. Two property owners had well and septic systems fail in December 2009, which was after the deadline to certify for taxes payable in 2010. The property owners worked with the public works director and have signed an "Agreement and Waiver for Connection to City Water and Sanitary Sewer Service" allowing the City to assess the lateral sewer and water availability charges. The total amount assessed for the two properties is $14,060.00. Financial Impact The assessments will be repaid with interest. Attachments List of properties and amounts assessed to each Resolutions Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Council RCA\Agenda Packet\12-13-10\Levying Assessment.docx PID 75-476-0260 Neil Smith & Isabel Osorio-Smith 18252 Concord Street NW SAC fee - $4,079.00 WAC fee - $2,256.50 Total Assessment - $6,335.50 PID 75-481-0270 Thomas & Marianne Graber 13548 Riverview Drive NW Lateral Sewer and Water - $5,468.00 WAC fee - $2,256.50 Total Assessment - $7,724.50 C:\Users\jmiller\AppData\Local\ivficrosoft\Windows\Temporary Internet Files\Low\Content.IES\68D8GBW0\Smith- Graber%20Council%20item[1].docx RESOLUTION 10- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS FOR WATER AVAILABILITY CHARGE AND SEWER ACCESS CHARGE WHEREAS, Minnesota Statutes Section 444.075 authorizes the Municipality to certify connection charges to the county auditor with taxes against the property served for collection as other taxes are collected; and, WHEREAS, the property owners at 18252 Concord Street Northwest have requested that the City allow them to connect to the sanitary sewer and water lines which adjoin the property; and, WHEREAS, the property owners have signed an "Agreement and Waiver for Connection to City Water and Sanitary Sewer Service" to allow the connection costs to be levied as an assessment against their property; and, WHEREAS, State law does not require a public hearing or notice before levying such assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the parcels and amounts listed on Exhibit A attached hereto, are correct and made a part hereof, are to be levied, and are to be certified to the Sherburne County Auditor. Passed and adopted by the City Council of the City of Elk River this 13`" day of December, 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\Low\Content.IES\68D8GBW0\Smith- Graber%20Council%20item[1].docx RESOLUTION 10- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS FOR WATER AVAILABILITY CHARGE AND SEWER ACCESS CHARGE WHEREAS, Minnesota Statutes Section 444.075 authorizes the Municipality to certify connection charges to the county auditor with taxes against the property served for collection as other taxes are collected; and, WHEREAS, the property owners at 13548 Riverview Drive Northwest have requested that the City allow them to connect to the sanitary sewer and water lines which adjoin the property; and, WHEREAS, the property owners have signed an "Agreement and Waiver for Connection to City Water and Sanitary Sewer Service" to allow the connection costs to be levied as an assessment against their property; and, WHEREAS, State law does not require a public hearing or notice before levying such assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the parcels and amounts listed on Exhibit A attached hereto, are correct and made a part hereof, are to be levied, and are to be certified to the Sherburne County Auditor. Passed and adopted by the City Council of the City of Elk River this 13~' day of December, 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk C:\Users\jmiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\Low\Content.IES\68D8GBW0\Smith- Graber%20Council%20item[I].docx