5.4. A & B SR 08-12-2002 Howard R
, Green Company
Item 5.4.A.&B.
August 5, 2002
File: 806550-0030/0564
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: 175TM AVENUE IMPROVEMENTS
Dear Council Members:
As you are aware the public hearing/assessment hearing for the 175th Avenue Improvements is
scheduled for Monday, August 12, 2002. I will have a brief prepared presentation regarding the
proposed improvements and assessments of the project. Through the land acquisition phase of this
project, I have had an opportunity to talk in-depth with most of the property owners along the roadway.
Therefore, I do not expect significant questions regarding the actual improvement, but more so toward
the assessment of the cost of the improvements. At the close of my presentation, I will be available to
answer questions from the City Council and/or affected property owners.
As directed previously by the City Council, bids were open for the 175th Avenue Improvements on
Thursday, July 25, 2002. Consideration for accepting the lowest responsible bid and authorizing
execution of the contract will be an item later in the City Council's agenda.
As the City Council is aware, assessed property owners have the right to appeal the assessment of
this project against their property. In order to preserve their rights 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 an objection to the assessment at the assessment hearinq 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 public hearing/assessment hearing, the City Council should consider adopting the
attached two resolutions.
Resolution ordering the improvement
This resolution requires a 4/5 vote of the City Council because this is a Council initiated
project.
Resolution adopting final assessment roll
This resolution would adopt the final assessment roll. The feasibility study provides
specific information relative to credits given to some of the properties along 175th Avenue
because of the granting of easements with no payment. Other properties that received
payment for the easements do not receive any credit. The proposed assessment roll is
exactly the same as presented in the feasibility study. The assessment roll can be
adopted, however, with any modification the City Council deems appropriate.
Ltr-08050.2-Council
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 for
the public hearing/assessment hearing, please call.
Sincerely,
Howard R. Green Company
~urer, P.E.
TJM:sgw
Attachments
Ltr-O80502-Cou ncil
Howard R, Green Company
RESOLUTION
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL
IN THE MATTER OF THE 175TM 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 175th 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 5.5% over a period of five (5) 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
O:\Proj\806550j\Res-080502-a. 14.doc
RESOLUTION 02-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ORDERING THE IMPROVEMENT
IN THE MATTER OF THE 175TM AVENUE IMPROVEMENT
OF 2002
WHEREAS
a public hearing relating to the 175th Avenue 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
WHEREAS
the City Council has duly considered the Feasibility Report and those matter
presented at the public hearing by those person desiring to be heard on the
matter;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
The 175th Avenue Improvement is hereby ordered as recommended in the Feasibility
Report revised June 2002.
Passed and adopted this 12th day of August, 2002.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
O:\Proj\806550j\Res-080502-a. 10.doc
August 12, 2002
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Attn: City Council presiding officer/Municipal Clerk
RE: Ronald & Susan Myhre, Appeal of Assessment for improvements to 175~ Avenue
We contest the proposed assessment based on the following:
We reside at the comer of 175t~ Avenue & Fillmore. The city representative led us to believe that if
we were to be assessed for street improvements that the amount would be similar to the amount we
were offered for the easement. He stated that we might not be assessed at all for street improvements
because the city was anxious to get the project started.
We were recently assessed for the improvements to Fillmore Street. Due to the double burden of
assessments we are asking that any assessments to 175t~ Avenue be waived or adjusted. Were the
homeowners at the comer of Tyler & 175t~ assessed when the Tyler street improvements were done?
~ I (Ron) worked in the defense industry and my job was eliminated due to downsizing in 1998. I have
been employed in lower paying positions and on unemployment since then. We have suffered
financially and are unable to afford any additional payments.
~ Much of the proposed costs are for city water and sewer that benefits others but not us.
We appreciate your consideration of our above listed objections to the proposed 175t~ Street assessments.
Ron and Sue Myhre
10022 175t~ Avenue N.W.
Elk River, MN 55330
#763441-2139
17451 Tyler Street N.W.
Elk River, MN 55330
763/441-5862
August 12, 2002
Elk River Municipal Clerk
City of Elk River
1 3065 Orono Parkway
Elk River, MN 55330
Dear Sirs and Madams:
In regard to your July 22, 2002 letter announcing that the City Council will
consider adopting an assessment for property owners along 175~ Avenue, we
would like to submit the following objection for the Council's consideration:
a)
The property owners along 175~ avenue have had no drainage problems
in the past which would require the installation of storm drainage. The
soil in this area is very sandy. The existing homes along this street are
from six to thirty or more years old and have had no histories of storm
drainage problems.
b)
If installation of storm drainage, curb/gutter is being done now just
because other road work is being done at the same time, please consider
that the proposed curb/gutter/storm drainage is not needed by existing
residents. Adding these items to the current road work seems to be an
excessive effort, since the neighborhood has gotten along just fine in the
past without curb/gutter/storm drainage. The only repair that is truly
needed is road resurfacing, which the City should be including in its
normal operating budgets.
c)
If the curb/gutter/storm drainage is being installed because it is an
amenity desired by the upcoming housing development planned for the
end of 1 75~ near Fillmore, then the developer should be responsible for
the entire cost, since the existing homes along 1 75~ have had no
functional need in the past for curb/gutter/storm drainage.
d) We also object to the $5,000 proposed for our share of the assessment.
In light of the fact that the curb/gutter/storm drainage is not needed in
the first place, we believe $5,000 is an excessive tax.
Sinc. /¢
William A. Gra am Geraldine K. Graham