4.1. & 4.2. SR 06-08-1998Items 4.1. & 4.2.
Howard R, Green Oompany
QONSULTING ENGINEERS
June 1, 1998
File: 803350J (0564)
CONSULTING ENGINF~
Formerly MSA
Consulting £ngineers
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
PO Box 490
Elk River, MN 55330-0490
RE:
1998 OVERLAY IMPROVEMENT
PUBLIC HEARING/ASSESSMENT HEARING
Dear Council Members:
As you are aware, the public hearing and assessment hearing for the 1998 Overlay
Improvement are scheduled for Monday, June 8, 1998. We are holding both the public
hearing and the assessment hearing on the same evening in an effort to eXpedite the
project and get it accomplished this construction season. It was also felt that the same
issues would be discussed at both meetings. Therefore, it made sense to only invite the
approximately 200 property owners to one night meeting. Both hearings can be opened,
conducted, and closed together.
I will be prepared to make a brief presentation summarizing the project, total project
cost, and the proposed assessments. As you will recall from the feasibility study, the
proposed assessment rate is $1450 per unit. As a comparison, the 1996 Overlay
Project had an assessment rate of $1300 per unit.
There were a total of seven bidders. The following list provides the bidder and their total
bid.
Bauerly Brothers, Inc.
North Valley, Inc.
W.B. Miller, Inc.
Northwest Asphalt, Inc.
Hardrives, Inc.
Midwest Asphalt Company, Inc.
Buffalo Bituminous, Inc.
$376,184.40
$382,477.5O
$388,647.25
$401,681.43
$4O2,769.9O
$413,246.50
$422,044.75
These bids included some gravel road paving which has since been deleted from the
project.
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1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 888/368-4389
City of Elk River
June 1,1998
Page 2
At this time, the City has not received any formal written appeals from the property
owners. Individuals may appeal their assessment to this project by presenting a
signed, written objection to the Mayor at the hearing. An individual simply standin,q
up at the public hearing/ assessment hearing indicatinq their objection to this
project does not constitute an assessment appeal. Following the submission of the
signed, written objection, the property owner must also serve notice of appeal upon the
Mayor or City Administrator within 30 days after the adoption of the assessment roll.
He must file his notice with the District Court within 10 days of serving the Mayor or City
Administrator.
At the close of the public hearing/assessment hearing, it would be appropriate for the
City Council to consider three resolutions. The first resolution orders the improvement
and requires a 4/5 vote of the City Council because this is a non-petitioned project.
The second resolution adopts the final assessment roll. This resolution can be adopted
with any changes the City Council deems appropriate. The third resolution awards the
contract to Bauerly Bros., Inc. Action on this third resolution awarding the contract
could be delayed 30 days if there are significant number of assessment appeals
submitted at the assessment hearing.
If you have any questions regarding these issues, please call.
Sincerely,
Howard R. Green Company
Terry J.~'~urer, P.E.
TJM/st
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Company
CONSULTING ENGINEERS
RESOLUTION 98 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ORDERING THE IMPROVEMENT IN THE
MATTER OF THE 1998 OVERLAY IMPROVEMENT
WHEREAS
WHEREAS
a public hearing relating to the 1998 Overlay 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:
1. The 1998 Overlay improvement is hereby ordered as recommended in the Feasibility
Report dated May 14, 1998.
Passed and adopted this 8 day of June, 1998.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
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RESOLUTION 98 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL
WHEREAS
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 1998 Overlay improvement and has determined the amount to be assessed
against each individual property as the Council deems just;
NOW,
1.
THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
The 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 benefited 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 at 6.5% over a period of five or seven 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/County 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 year in which payment is made. If payment is made after
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 8 day of June, 1998.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
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RESOLUTION 98 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ACCEPTING BID AND AUTHORIZING
EXECUTION OF CONTRACT IN THE MATTER OF THE '1998
OVERLAY IMPROVEMENT
WHEREAS
WHEREAS
pursuant to City Council direction, competitive bids were solicited and received
for the 1998 Overlay improvement as set forth in the bid tabulation attached
hereto and incorporated herein by this reference; and
the City Council has considered the amount of the bids and the responsibility of
the bidders and determined that Bauerly Brothers, Inc. is the lowest responsible
bidder;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
The Mayor and City Administrator are authorized and directed to execute, on behalf of
the City, such contract with Bauerly Brothers, Inc. as is approved by the City Attorney for
the completion of the 1998 Overlay improvement according to the approved plans and
specifications.
The City Administrator is authorized and directed to forthwith return to all bidders the
deposits made with their bids upon execution of the contract above specified.
Passed and adopted this 8 day of June, 1998.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
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