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4.5. SR 05-17-2004MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Pat Klaers, City Ad~~ator~ May 17, 2004 Boston/Concord Improvement Project Update Item 4.5. Mayor I~linzing has indicated that Elaine Stueffen contacted her regarding the SAC fee for the Boston/Concord Improvement project. Ms. Stueffen will be in attendance at this meeting to discuss with the City Council her request and unique situation. This property owner was already connected to the water system before the public improvement project ',vas ordered. Attached for your information is a copy of the letter that the city engineer sent out to all impacted property owners regarding the availability for connection to the sewer and water system. Councilmember Dietz may also want to visit with the City Council regarding the residential assessment amount and the assessment appeal that the city settled earlier this year. S:~Council~Pat~2004~BostonConcord.doc September 17, 2003 File: 818860J-0071 RE: SANITARY SEWER AND WATER AVAILABILITY Dear Boston Street/Concord Street Property Owners: This correspondence is intended to inform you that the sanitary sewer and watermain facilities recently constructed in your neighborhood will be available for connection beginning the week of September 22, 2003. According to City ordinance, you will have two years from the date of availability in which to make connection to both utilities. When connection is made during the two-year period, it must be made to both the sanitary sewer and watermain at the same time. For ease of record keeping, the City will establish October 1, 2003, as the date that sanitary sewer and water was available to your neighborhood. Therefore, you will have until October 1, 2005, in which to make connection. As you are aware, there is a Sewer Availability Charge (SAC) and a Water Availability Charge (WAC) that are paid at the time of connection. These fees are adjusted annually. You will be charged the SAC and WAC rates in place at the time that you choose to make connection. Our survey crews have recorded the location of the sanitary sewer and watermain stubs to each property. If you choose to wait to make connection to the systems, when you do make connection, please have the contractor contact us and we can provide the stub location information. If you have any questions regarding this issue, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:sw Ltr-091703-property owners May 12, 2004 Jack Longie 12925 Mississippi Road Elk River, MN 55330 Dear Jack, I have had several conversations with members of city staff since you and your neighbor appeared at Open Mike regarding the assess~nent for the Boston-Concord area. I realize that the $17.000 assessment you and your neighbors received is a hefty sum but the cost was known before the assessment hearing. The majority of homeowners in the neighborhood wanted to go ahead with the project despite the cost. The City settled with Mrs. Roach on a figure less than the $17,000 but if our legal expenses were added to her assessment, the figure would go above the figure assessed to the rest of your neighborhood. In my discussions with staff we went through several different options in an attempt to come up a plan to refund a small amount to you and your neighbors. Every plan we came up with had flaws. Some were discriminatory and others would set bad precedents for future city projects. In conclusion I have not been able to come up with any equitable way to provide you any relief. I have discussed this with the City Council and they agree that there is nothing we can do for you. I know this sounds like a cop-out but I really did try to come up with a solution. Several people in your neighborhood have sold their houses since the improvement project was completed. Several others have already hooked up to sewer and water. There were too many variables to deal with. I'm sorry it didn't work out. You will have to take whatever action you deem appropriate. Sincerely, John Dietz Ward 1 Coucilmember