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4.8. - 4.11. SR 10-26-1998'ity of River MEMORANDUM Item # 4.8. - 4.11. TO: FROM: DATE: SUBJECT: Mayor & City Council Lori Johnson, Finance Director October 26, 1998 Special Assessment Issues 1998 Garbage Assessments Each year the city assesses property owners who have delinquent garbage bills as of September 1. In 1998 47 property owners will be assessed $9,208.42 for delinquent garbage fees. This compares to $10,941.73 assessed to 48 property owners in 1997. Many of the property owners being assessed this year have also been assessed previous years. Action Requested The City Council is asked to approve the attached resolution adopting and levying assessments for unpaid garbage collection services as of September 1, 1998. Consider Applications for Deferment of Special Assessments Based on Hardship Two property owners who were assessed for the Lake Orono Sedimentation Removal Project have requested deferral of their special assessments under Section 1404 of the city's ordinance which allows for the deferral of special assessments for senior citizens or permanently and totally disabled property owners who meet certain age and income requirements. The ordinance states that the city must annually adopt a resolution setting the maximum income allowed in order to qualify for deferral. Attached is a resolution to set the 1998 maximum income requirements. The incomes listed are the same as the energy assistance income requirements for Sherburne County. In the past only one income level was set; however, it is more appropriate to base the maximum income on the number of individuals in the household. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Based on the above income requirements, both of the applicants meet all of the requirements necessary to qualify for deferment of special assessments based on hardship. Action Requested First, the City Council is asked to approve the resolution designating the maximum household income level for quolification for deferral of special assessments based on hardship. Second, the Council is asked to approve two resolutions deferring special assessments for the 1998 Lake Orono Sediment Removal Project. One resolution defers the assessments for the Lucille Lloyd property #75-413- 0320, the other defers the assessments for the James Stevenson property #75-411-0520. Special Assessment Reapportionments The final attachment is a listing of special assessments which need to be reapportioned due to the subdivision of the parcel originally assessed. Action Requested The City Council is asked to approve the special assessment reapportionments as stated on the attachment. RESOLUTION 98- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 1998 WHEREAS, Minnesota Statutes Section 433.015 authorizes the City to annually levy an assessment equal to such unpaid cost as of September I of each year for garbage collection services at an interest rate not to exceed 6% and a penalty not to exceed 10%; and, WHEREAS, the City's ordinance Section 602.12 Subdivision 3, authorizes the City to levy an assessment against property for garbage collection equal to the unpaid charges as of September 1; and, WHEREAS, all customers and property owners with delinquent balances as of September 1, 1998, have been given adequate notice of this pending assessment and have been given opportunities to pay prior to this assessment being levied; 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 at an interest rate of 6% per annum with a 10% penalty, and certified to the Sherburne County Auditor. Passed and adopted by the City Council of the City of Elk River this 26th day of October, 1998. ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk s:\doeument\resoluti\98-gar2.doc 1998 GARBAGE ASSESSMENTS (Payable 1999) PROPERTY OWNER COMP # PID # BALANCE ASSESSMENT Ronald Myhre 7379 75-001-3405 $220.48 $257.08 JamesTrantina 7309 75-001-4210 $117.63 $137.16 Jeff Korthals 7387 75-002-4310 $216.76 $252.74 Dirk Barrett 7394 75-011-1202 $96.45 $112.46 Collenn Mathieson 6191 75-011-2240 $195.69 $228.17 Victoria Brown 6896 75-101-4410 $90.57 $105.60 Edward Shimek 7911 75-106-2401 $219.75 $256.23 Wayne Kiel 7916 75-107-3205 $127.99 $149.24 Michael Belanger 8092 75-108-4301 $99.85 $116.43 Eugene Scheel 6918 75-112-3201 $170.46 $198.76 Martin Moritz 6927 75-113-4401 $97.24 $113.38 Anthony Omitt 6974 75-114-3106 $219.48 $255.91 Steve Latour 6960 75-114-3203 $147.90 $172.45 !Roland Jurgensen 7846 75-119-1400 $216.76 $252.74 William Girard 1611 75-123-3400 $219.80 $256.29 Raphael Kraljic 6936 75-124-2401 $220.21 $256.76 Bruce Anderson 6937 75-124-3105 $70.39 $82.07 Bruce Anderson 9200 75-124-3106 $91.06 $106.18 Walter Krause 7799 75-130-1402 $114.55 $133.57 Mary & Terri Johnson 2244 75-130-1406 $75.75 $88.32 Mike Boelter 7428 75-131-1210 $125.46 $146.29 Robert Doncaster 7291 75-131-2211 $222.30 $259.20 Cindi L Ellis 4086 75-446-0210 $129.85 $151.41 Todd Brandel 7536 75-452-0135 $220.49 $257.09 Terrance Dixon 7535 75-452-0140 $216.76 $252.74 Gloria Williams-Heard 7533 75-452-0150 $217.08 $253.12 Darrel Drewes 7028 75-484-0205 $96.85 $112.93 Peter Master 7132 75-487-0340 $179.58 $209.39 Fern Larson 7409 75-494-0135 $198.25 $231.16 Buster Erickson 7674 75-497-0130 $142.55 $166.21 Michelle Foley 4262 75-499-0325 $219.75 $256.23 Henry Griner 8054 75-499-0440 $168.37 $196.32 Nancy Huff 7664 75-505-0168 $121.47 $141.63 Gene WYocum, Jr 6431 75-506-0130 $74.20 $86.52 Holdor Heier 7589 75-506-0310 $359.52 $419.20 Ronald Roos 7182 75-508-0340 $218.40 $254.65 James Beaudrie 7260 75-510-0160 $110.83 $129.23 Jerome Gumphrey 7238 75-510-0415 $200.14 I $233.36 Rod & Marci Nelson 7234 75-510-04251 $58.14 I $67.79 Gary Jacobson ~ 7059' 75-513-0440 $276.45 I $322.34 Joel G Wellman 7861 75-517-0260 $202.05 $235.59 Richard Radermach t 7367 75-523-0114 $56.30 $65.65 Kevin Murray 7363 75-523-0240 $221.00 $257.69 Emily D!etrich 1134 75-523-0265 $240.35 $280.25 Amy Chalich 6613 75-554-0110 $202.05 $235.59 IRobin & Donna Anderson 3337 75-588-0130 $172.33 $200.94 Greg Scheel 6919 75-900-0007 $218.15 $254.36 TOTAL ASSESSMENT $7,897.44 $9,208.42 RESOLUTION 98 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION DESIGNATING THE MAXIMUM HOUSEHOLD INCOME LEVEL FOR QUALIFICATION FOR DEFERRAL OF SPECIAL ASSESSMENTS BASED ON HARDSHIP WHEREAS, Section 1404, Item 1, of the Code of Ordinances for the City of Elk River, Minnesota, states that the Council shall annually approve, by resolution, a maximum household income level in order to qualify for deferral; and, WHEREAS, the City Council has determined that the maximum household income allowable in order to qualify for deferral of special assessments based on hardship, assuming that the other qualifications are also met, is as follows for 1998: No. in Household Maximum Annual Income i $14,600 2 $19,100 3 $23,600 4 $28,100 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, that in order to quslffy for deferral of assessments based on hardship in 1998, the above household income requirements must be met. Passed and adopted by the City Council of the City of Elk River, Minnesota, this 26th day of October, 1998. ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk documentkr esoluti\sadefmax .doc RESOLUTION 98 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLTUION APPROVING DEFERRED SPECIAL ASSESSMENT FOR THE 1998 LAKE ORONO SEDIMENT REMOVAL WHEREAS, the applicant has presented to the City Council an application for deferred special assessments pursuant to law; and, WHEREAS, the applicant is over 65 years of age and meets the financial requirement for deferral of special assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: Lucille G. Lloyd is hereby granted deferral of special assessment for the 1998 Lake Orono Sediment Removal Project on Parcel #75-413-0320 on the following conditions: a. That the conditions described on the application for deferral continue to exist. b. This deferral shall terminate after a period of ten years unless extended pursuant to Section 1404 of the City Code of Ordinances. c. This deferral shall terminate upon: i. Applicant's death, provided that the spouse is not otherwise eligible for the benefits hereunder; ii. The sale, transfer, or subdivision of the property or any part thereof; iii. If the property should, for any reason, lose its homestead status; iv. If for any reasor~ the City Council determines that there would be no hardship to require immediate or partial payment. o Those sums otherwise due and payable for the special assessments shall accrue interest at the net interest rate of the 1998 G.O. Improvement Bonds to be issued to finance this project, per annum, which interest shall not be paid with property taxes during the deferral period, but may be paid to the City on an annual basis. In any event, all unpaid accrued interest shall be paid upon termination of deferral. Passed and adopted by the City Council of the City of Elk River this 26th day of October, 1998. ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk This instrument was drafted by The City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 RESOLUTION 98 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLTUION APPROVING DEFERRED SPECIAL ASSESSMENT FOR THE 1998 LAKE ORONO SEDIMENT REMOVAL WHEREAS, the applicant has presented to the City Council an application for deferred special assessments pursuant to law; and, WHEREAS, the applicant is over 65 years of age and meets the financial requirement for deferral of special assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: James H. Stevenson is hereby granted deferral of special assessment for the 1998 Lake Orono Sediment Removal Project on Parcel #75-411-0520 on the following conditions: a. That the conditions described on the application for deferral continue to exist. b. This deferral shall terminate after a period of ten years unless extended pursuant to Section 1404 of the City Code of Ordinances. c. This deferral shall terminate upon: i. Applicant's death, provided that the spouse is not otherwise eligible for the benefits hereunder; ii. The sale, transfer, or subdivision of the property or any part thereof; iii. If the property should, for any reason, lose its homestead status; iv. If for any reason the City Council determines that there would be no hardship to require immediate or partial payment. Those sums otherwise due and payable for the special assessments shall accrue interest at the net interest rate of the 1998 G.O. Improvement Bonds to be issued to finance this project, per annum, which interest shall not be paid with property taxes during the deferral period, but may be paid to the City on an annual basis. In any event, all unpaid accrued interest shall be paid upon termination of deferral. Passed and adopted by the C, ity Council of the City of Elk River this 26th day of October, 1998. Henry A. Duitsman, Mayor ATTEST: Sandra A. Peine, City Clerk This instrument was drafted by The City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 SPECIAL ASSESSMENT REAPPORTIONMENTS Original Parcel 75-132-2430 Guardian Angels 75-602-0140 Elk Run 75-602-0135 Assessment Western Area Phase 2 1998 Water & Sewer Lake Orono Sed. Rmvl. 1997 Water & Sewer 1997 Water & Sewer Amount Remaining $ 34,861.28 129,900.00 44,000.00 2,595.76 3,384.36 New Parcel 75-626-0102 75-626-0104 Lots 3-22 Blk 1 75-626-0102 75-626-0104 Lots 3-22 Blk 1 Lots 3-22 Blk 1 75-625-0105 75-625-0110 75-625-0115 75-625-0120 75-625-0125 75-625-0130 75-625-0135 75-625-0140 New Assessment $ 6,675.92 11,211.36 848.70 each 24,875.85 41,775.75 3,162.42 each 2,200.00 each 648.94 648.94 648.94 648.94 846.09 846.09 846.09 846.09 10/22/98