7.4. SR 11-21-2011REQUEST FOR ACTION
TO . ITEM NUMBER
Ma or and Ci Council ~ 7,4,
AGENDA SECTION MEETING DATE PREPARED BY
Communi Develo ment November 21, 2011 erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED By
Appeal of Snow Abatement Charges Incurred at 18037 Monroe Cal Portner, Ci Administrator
Circle REVIEWED BY
ACTION REQUESTED
The Council has two primary options:
The roperry owner requests that the snow abatement charges in the amount of $125 be dismissed.
City staff is recommending denial of the appeal of the property owner for the $125 abatement
charges incurred at 18037 Monroe Circle based on staffs findings noted below.
BACKGROUND/DISCUSSION
The City has received an appeal of a snow abatement invoice for 18037 Monroe Court.
The appellant cites five reasons why they believe the charge is unjust:
1. No letter was sent via standard mail to the tenant of the property, so that they could have
had a chance to do the work before the city did.
2. No letter was sent via standard mail to the owner of the property, so that management could
have a chance to do the work before the city did.
3. No phone call from the city to the owner or the tenant was made.
4. Elk River sent a certified letter to the owner of the property at 21850 Brook Road in
reference to sidewalk cleaning needs. This letter was signed for AFTER the city cleanup and
fine was scheduled.
5. Management and the tenant received a city newsletter at about the same time the city sent
the certified letter. In this newsletter the city simply "asked" that the residents of the city
help clean the sidewalks around their buildings so that the city didn't have an expense in
doing so. Nothing was stated in the newsletter that the city would be imposing fines if the
sidewalks were not cleared. This is simply misleading.
Staff has reviewed the file, finding responses to the numbered items above:
1. On January 11, 2011, duplicate letters were sent by certified mail and standard mail to the
property owner of record. Two notification methods are used because occasionally a
property owner does not accept the certified letter. A copy of the letter is attached. City
ordinances require the property owner to maintain the property, therefore letters are not sent
to tenants. On January 27, 2011, the sidewalk was cleared and the city was invoiced by the
contractor.
POINERE® RC
N:\Public Bodies\City Council\Coundl RCA\Agenda Packet\11-21-2011\Appeal Monroe 3.docx ~„ 6~~~~~
2. See #1 above.
3. A courtesy phone call is not a part of the official notice requirements. (There is no phone
number listed for KAAP Enterprises, the listed property owner in county records.)
4. The date a letter is signed for is entirely independent from the contents of the letter.
5. A copy of the applicable portion of the January 2011 newsletter is attached. The newsletter
was distributed by mail to all addresses in the city the week of January 18, 2011. The
newsletter articles are intended to be informative, but not regulatory. Newsletter articles do
not have the force of official notice in enforcement.
City staff followed established, written procedure for the notification and abatement of identified
nuisances for this parcel. For this reason and the responses listed above, staff recommends the appeal be
denied.
FINANCIAL IMPACT
If the appeal is approved, the $125 charge would be the responsibility of the taxpayers.
ATTACHMENTS
Excerpt of Winter 2010-11 The Elk Kiver Current newsletter
Copy of letter sent to property owner dated January 11, 2011
Appeal e-mail from property owner
Action Motion by Second by Vote
Follow Up
N:\PubGc Bodies\City Council\Coundl RCA\Agenda Packet\i1-21-2011\Appeal Monroe 3.docx
taarisage/ecyciing
Contracts p for renewal
Did you know that the Ciry of Elk River contracts with t<vo haulers,
Allied Waste and Randy's Environmental Services for garbage hauling
services' By having contracted hauling, the City is able to guarantee
more stable garbage rates and fe~yer trucks on the roads which keeps
wear and tear to a minimum and lowers. maintenance costs.
The contracts will be coming up for renewal in 2012. Are you Kapp}'
with your garbage hauler? If you have comments concerning the
service that you have received from your hauler, the Environmental
Department is willing to listen! Call us at 763-63~-1000
The Ciry is ofren asked why all of the recydables can't be put in one
container, which is called single stream rec}cling. Staff researched
the pros and cons of single stream rec}cling and determined that
the method the City has in place is the most cost effective and best
overall s}'stem for end users of the recycled materials. Single stream
recycling has been found to temporaril}' increase recycling rates, but
contamination of the recycled materials causes a greater percentage of
the rec}>clables to be rejected and ultimately land filled by the end user
markets.
Also, are }'ou aware that both haulers offer additional curbside recycling
for bigger items such as appliances and electronics for a fee? Simply
call their offices to hear the rates if you miss the Ciry Clean Up events.
You must register your item with your hauler before placing it at the
curb. Allied Waste may be reached at 763-784-2104 and Randy's
Em~ironmental Services may be reached at 763-972-333.
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sidewaik Mowing has
Changed
Help Provide a Safe Passage for Everyone!
The City would like to ask its residents to help keep sidewalks adjacent
to their property free from snow and ice after a snot',~fall. In some areas
of the Ciry, sidewalk plowing has been eliminated in order for the plow
crew to concentrate on side~yalks along main arterial roads and routes
to schools. As the Ciry has grown and the budget has gotten tighter, it
has become necessary to eliminate some sidewalks from the plow route.
The routes eliminated did not meet the original intent of the sidewalk
plo~ying program.
Also, if you know of a neighbor who may not be able to get out and
shovel, please consider helping them out by volunteering a few
minutes of your time. It's great exercise as well as a good way to get
some fresh air.
Questions? Please contact Rodney Schreifels at 763-637-1123 or Steve
Benoit at 763-G3~-11 ~ 1 with any questions.
Elk ~iVer ECOnolYliC
®evelopnnent and Energy
City now on Faceb+ook ant
Twitter
Stay in the know about what's going on in Elk River. The Elk River
Economic Development Department and Energ•~ Ciry are now utilizin
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19279 Watson St., Elk River
January 11, 2011
Kaap Industries, LLC
21850 Brook Road
Elk River, MN 55330
To Whorn It May Concern:
This letter shall serve as notice that property located at 18037 Monroe Circle in Elk
River, Minnesota is in violation of City Ordinance Section 46-34(8) of the City of Elk
River's Code.. "All sidewalks must be free of snow and ice during normal business
hours in commercial and industrial zoned districts and within 24 hours after a snowfall
within residential zoned districts".
This letter shall serve as notice that the City intends to abate the property pursuant
Section 46-38, Abatement by City Property, per the provisions stated in the enclosed
attachment. The attachment provides a method of appeals as well. If the snow on the
subject property is not removed by January 25, 2011, the City will remove the snow and
charge you the costs incurred by the city. This charge will then be specially assessed on
the property's tax roll.
This letter shall also serve notice that during calendar year 2011, if the snow is not
removed within 24 hours after a snow event, the City will remove it and assess at the
same rate with no further formal notice.
If you have any questions regarding this issue, please call me at 763-635-1067
Sincerely,
Dave Hetrick
Code Enforcement Official
Cc: Jeremy Barnhart, Planning Manager
Barnhart, Jeremy
From: paul@~~
Sent: Wednesday, November 02, 2011 10:18 AM
To: Barnhart, Jeremy
Subject: 18037 Monroe
11-1-11
City of Elk River
13065 Orono Parkway
Elk River, Mn 55330
Re: Your letter dated 10-21-11
Dear Elk River,
The charge for cleaning the sidewalk at 18037 Monroe Court is unjustified for the following reasons:
No letter was sent via standard mail to the tenant of the property, so that they could have had a chance to do the
work before the city did.
No letter was sent via standard mail to the owner of the property, so that management could have a chance to do
the work before the city did.
No phone call from the city to the owner or the tenant was made.
Elk River sent a certified letter to the owner of the property at 21850 Brook. Road in reference to sidewalk
cleaning needs. This letter was signed for AFTER the city cleanup and fine was scheduled.
Management and the tenant received a city newsletter at about the: same time the city sent the certified letter. In
this newsletter the city simply "asked" that the residents of the city help clean the sidewalks around their
buildings so that the city didn't have an expense in doing so. Nothing was stated in the newsletter that the city
would be imposing fines if the sidewalks were not cleared. This is simply misleading.
The city of Elk River failed to give Kaap Enterprises or it's tenant proper notice. The assessment you are
preparing to impose is not warranted. Please waive all fines in this matter.
Sincerely,
Paul Heinen
Heinen Motorsports
Kaap Properties
33 Central Ave
Osseo Mn, 55369