5.3. A & B SR 08-12-2002 Howard R, Green Company
Item 5.3. A.&B.
August 5, 2002
File: 815640J-0564
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
ASSESSMENT HEARING
ZANE AVENUE IMPROVEMENTS
Dear Council Members:
As you are aware, the assessment hearing for the Zane Avenue Improvement is scheduled for
Monday, August 12, 2'002. There are only four different properties owner involved in this assessment
hearing. They are Saxon Motors, Napa Auto Pads, Americlnn, and two vacant lots. The project was
previously bid, the contract was awarded, and construction is currently underway. I will have a brief
presentation regarding the proposed assessments for the project. At the close of my presentation, I
will be available to answer questions from the City Council and/or affected property owners.
As the City Council is aware, assessed property owners have the right to appeal the assessment of
this project against their properties. In order to preserve the right to appeal, the property owner must
submit a written objection to the mayor or City administrator at or before the assessment hearing.
Simply orally stating objection to the assessment at the assessment hearin.q does not
preserve the property owner's right to appeal the assessment. As of the date of this memo, staff
has received no written objections to the proposed assessment.
At the close of the assessment hearing, the City Council should consider adoption of the attached two
resolutions. They are as follows:
Resolution Determining the Assessed Cost of the Improvement and Ordering
Preparation of the Proposed Assessment Roll
This resolution was previously adopted by the City Council on July 8, 2002. However, it
inadvertently had "five (5) years" as the period of time for the assessment. With the
amount of the assessments against these properties, staff felt it would be beneficial to run
the assessments over a ten-year period. Therefore, we are requesting that this resolution
be readopted with a ten-year period of time for the assessments to run.
Resolution Adopting Final Assessment Roll
This resolution would adopt the final assessment roll. The roll as proposed is exactly the
same as the assessment roll as presented in the feasibility study. The assessment roll can
be adopted with any modifications the City Council deems appropriate.
Ltr-080502-CounciI.Zane
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
City Council
August 5, 2002
Page Two
If you have any questions regarding any of this information or would like anything else available at the
assessment hearing, please call.
Sincerely,
Howard R. Green Company
Terry J. M~urer, P.E.
TJM:mw
Enclosures
LtrL080502-CounciI.Zane
Howard R, Green Company
RESOLUTION 02-
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
ZANE AVENUE IMPROVEMENT OF 2002
WHEREAS
costs have been determined for the Zane Avenue Improvement consisting of a
cont:ract price of $315,300, and expenses incurred or to be incurred by the City in
the making of the improvement in the amount of $119,000, for a total cost of the
improvement of $434,300.
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
$156,600.
The portion of the cost to be assessed against benefited properties pursuant to the Elk
River City Assessment Policies shall be $277,700.
The assessments shall be payable in equal annual installments and shall extend over a
period of ten (10) years, the first of the installments to be payable on or before the first
Monday in January, 2002, 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 hearing 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 12th day of August, 2002.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
O:\PROJ\815640J\0564\Res-080502-a. 13.doc
RESOLUTION
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL
IN THE MATTER OF THE ZANE AVENUE IMPROVEMENT OF 2002
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 Zane Avenue Improvement and has determined the amount to be assessed
against each individual property as the Council deems just;
NOW, 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 5.50% over a period of ten (10) 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 12th day of August, 2002.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
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