6.2. SR 08-11-2003 Howard R, Green Company
August 7, 2003
File: 818980J-0564
Item
6.2.
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
2003 PAVEMENT REHABILIATION IMPROVEMENT
SUPPLEMENTAL PUBLIC HEARING/ASSESSMENT HEARING
Dear Council Members:
As you aware, there is a property located at 413 Quinn Avenue that was omitted from the Public
Hearing and Assessment Hearing notices for the 2003 Pavement Rehabilitation Project. The property
was omitted because it did not show up on the Sherburne County half section maps. We were made
aware of it at the Assessment Hearing when Pastor Wanda Copeland of the Holy Trinity Episcopal
Church indicated that they did not own the entire property that they were being assessed for. After
further investigation, it was determined that the owners are Cory and Tracey Stoeckel.
City Attorney Peter Beck has prepared a petition and waiver agreement that we have presented to Mr.
and Mrs. Stoeckel requesting them to consider signing and waiving their rights to a Public Hearing
and Assessment Hearing. We have also provided them all the background information including
answering questions regarding the proposed improvements and an amortization schedule showing
the payments on the proposed assessment. To date, we have not heard a response from Mr. and
Mrs. Stoeckel regarding their willingness to sign the waiver. Therefore, I am requesting that the City
Council adopt the attached three resolutions calling for a public hearing, the assessment hearing, and
to determine the cost of the assessed for the Stoeckel property located at 413 Quinn Avenue.
We have set the date for both the public hearing and assessment hearing for the first meeting in
September. This will provide enough time for us to make contact with Mr. and Mrs. Stoeckel one more
time to see if they are willing to sign the waiver and eliminate the need for the hearings. If they are not
willing to do so, a brief Public Hearing and Assessment Hearing would be held on September 8, 2003.
If you have any questions regarding this issue I will be in attendance at your August 11, 2003 City
Council meeting.
Sincerely,
Howard R. Green Company
Te~er, P.E.
Enclosures
O:\PROJ\818980J\0564\Ltr-080703-Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION 03 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION RECEIVING THE FEASIBILITY REPORT
AND ORDERING A PUBLIC HEARING ON THE
IMPROVEMENT IN THE MATTER OF THE PAVEMENT REHABILITATION
IMPROVEMENT OF 2003
WHEREAS
the Feasibility Report ordered by the Council has been prepared with reference to
the 2003 Pavement Resolution improvement and was received by the City on
January 13, 2003; and
WHEREAS the Feasibility Report recommends that the proposed improvement is feasible;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
1. The City Council will consider the 2003 Pavement Rehabilitation improvement as
described in the Feasibility Report and the assessment of the property abutting this
proposed improvement for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Section 429, at an estimated total cost for the improvement of
$1,803,0OO.
2. A public hearing shall be held before the City Council on the proposed improvement on the
8th day of September, 2003, at 6:30 p.m. at the Lion's Park Community Center.
The City Clerk shall provide two published notices (one week apart) in the official newspaper
with at least three days between the last publication date and the hearing, and mailed notice
ten days prior to the hearing as required by law.
Passed and adopted this 11th day of August, 2003.
ATTEST:
Stephanie A. Klinzing, Mayor
Patrick D. Klaers, City Administrator
O:\PROJ\818980J\0564\Res-080703-a8.doc
RESOLUTION 03-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION DETERMINING ASSESSED COST OF
IMPROVEMENT AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT ROLL IN THE MATTER OF
THE PAVEMENT REHABILITATION IMPROVEMENT OF 2003
WHEREAS
costs have been determined for the Pavement Rehabilitation improvement
consisting of a contract price of $1,423,000, and expenses incurred or to be
incurred by the City in the making of the improvement in the amount of
$474,300, for a total cost of the improvement of $1,897,300.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
Based upon the City Assessment Policies, it is determined that the portion of this
improvement to be paid by the City and not assessed to benefited properties is
$1,437,300.
The portion of the cost to be assessed against benefited properties pursuant to the Elk
River City Assessment Policies shall be $460,000.
The assessments shall be payable in equal annual installments and shall extend over a
period of seven or ten years, the first of the installments to be payable on or before the
first Monday in January, 2004, with interest at the rate of 5.50% per annum from the date
of the adoption of the assessment resolution.
The City Administrator with the assistance of the Project Engineer shall forthwith
calculate the proper amount to be specially assessed for such improvement against
every assessable lot, piece, or parcel of land, without regard to cash valuation, as
provided by law, and shall have available at the City Administrator's office a copy of the
proposed assessment roll for public inspection.
Upon completion of the proposed assessment roll, the City Administrator shall notify the
Council and schedule a public headng upon the proposed assessment, causing notice of
the hearing by publication and mail to be made at least two weeks prior to the hearing.
Passed and adopted this 11~ day of August, 2003.
ATTEST:
Stephanie A. Klinzing, Mayor
Patrick D. Klaers, City Administrator
O:~PROJ~818980J\0564~Res-080703-a13.doc
RESOLUTION 03-.__
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ESTABLISHING THE DATE
FOR THE ASSESSMENT HEARING FOR THE
PAVEMENT REHABILITATION IMPROVEMENT OF 2003
WHEREAS
by a resolution passed by the Council on August 11, 2003, the City Clerk was
directed to prepare a proposed assessment of the cost of the 2003 Pavement
Rehabilitation improvement; and
WHEREAS
the Clerk has notified the Council that such proposed assessment will be
completed and filed in the Clerk's office for public inspection by the appropriate
time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
A headng shall be held on the 8~h day of September, 2003, in the Lion's Park
Community Center at 6:30 p.m. to pass upon such proposed assessment and at such
time and place all persons owning property affected by such improvement will be given
an opportunity to be heard with reference to such assessment
The City Clerk is hereby directed to cause a notice of the headng on the proposed
assessment to be published once in the official newspaper at least two weeks prior to
the headng, and shall state in the notice the total cost of the improvement. The City
Clerk shall also cause mailed notice to be given to the owner of each parcel described in
the assessment roll not less than two weeks prior to the hearings.
The owner of any property so assessed may, at any time pdor to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property,
with interest accrued to the date of payment, to the City of Elk River, except that no
interest shall be charged if the entire assessment is paid within 30 days from the
adoption of the assessment. The owner of any property may at any time thereafter pay
to the City of Elk River the entire amount of the assessment remaining unpaid, with
interest accrued to December 31st of the year in which such payment is made. Such
payment must be made before November 15th or interest will be charged through
December 31st of the succeeding year.
Passed and adopted this 11th day of August, 2003.
ATTEST:
Stephanie A. Klinzing, Mayor
Patrick D. Klaers, City Administrator
O:~PROJ~818980J~0564~Res-080703-assessment hearing.doc