82-006 RES RESOLUTION 82-6
A RESOLUTION SUSPENDING A PORTION
OF AN ASSESSMENT ON THE PETERSON
ADDITION AND DETAILING A TIME TABLE
FOR REASSESSMENT OF THE IMPROVEMENT PROJECT
WHEREAS, the City of Elk River was requested to construct certain improvements in
and adjacent to the Peterson Addition by residents of the Peterson Addition;
and,
WHEREAS, when the requested improvements were duly constructed by the City of Elk River
and assessed according to procedures established in MS 429, said assessment
was challenged by certain affected property owners in district court; and,
WHEREAS, in a district court order dated December 11, 1980, the Honorable Judge John F.
Dablo found that the special assessment for the railroad crossing improvement
was improper and should no longer be collected by the City of Elk River and
ordered the City of Elk River to rehear and reassess the remaining eligible
portion of the railroad crossing improvement in conformance with the law of the
opinion rendered.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Elk River that Sherburne
County is hereby requested to cease collection of the railroad crossing improvement por-
tion of the Peterson Addition special assessments until such time as the project can be
reheard and reassessed by the City Council, in conformance with the Honorable Judge John
• F. Dablo's district court order regarding the Peterson Addition; and,
BE IT FURTHER RESOLVED by the City Council of the City of Elk River that the following
time table regarding the rehearing and reassessment of the Peterson Addition improve-
ments is hereby approved and adopted:
1. May 3, 1982 - Review proposed area of assessment, method of assessment and
approve costs to be assessed at a subsequent hearing. Establish
next possible council meeting for a public hearing for the re-
assessment of the Peterson Addition improvement.
2. May 3rd thru
June 7th, 1982 - Advertise public hearing and notify residents of hearing date and
time
3. June 7, 1982 - Conduct public hearing regarding reassessment of Peterson Addition
improvement consistent with district court order rendered by the
Honorable John F. Dablo.
Passed and adopted this 29th day of April, 1982.
ATTEST: Richard Hin e, Mayor
ill/ Robert C. Middaugh /.
City Administrator