5.4. SR 06-07-2004
~oward R. Green Company
Item # 5.4.
June 1, 2004
File: 823100J-0030/0564
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: 2004 OVERLAY IMPROVEMENT
Dear Council Members:
As you are aware, the Public Hearing/Assessment Hearing for the 2004 Overlay Improvement
project is scheduled for Monday, June 7, 2004. I will have a prepared presentation regarding the
proposed improvements and assessments of 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 previously directed by the City Council, bids were opened for the 2004 Overlay Improvement on
Tuesday, June 1, 2004. The low bidder was Universal Enterprises, Inc., at a total bid of
$447,907.50. There were a total of four bids received. Universal Enterprises, Inc., is
approximately 10 percent below the estimated construction cost presented in the project feasibility
study. Therefore, staff is recommending a reduction in the proposed assessment rate from $2,175
per assessable unit to $1,975 per assessable unit.
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 assessment, the
property owner must submit in writing an objection to the Mayor or City Administrator at or before
the Assessment Hearing Monday evening. Simply orallY stating an obiection to the
assessment at the Assessment Hearing 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.
There are three particular properties, all within the Brentwood Addition, that staff would like to bring
to the Council's attention prior to the hearings. They are as follows:
1. Sherwin and Leora Cohrs are proposed to be assessed one unit for ownership of Outlot
B in the Brentwood Addition. The City Building department has assisted in determining
that Outlot B is un buildable because of the size of the property. Mr and Mrs. Cohrs
currently live on a separate piece of property fronting on Proctor Road. Outlot B of
Brentwood is adjacent to their home site and contains a garage structure. We would
recommend that the Cohrs be removed from the assessment roll.
2. All properties on the 2004 Overlay Improvement are proposed to be assessed one unit
with two exceptions, both of which are in the Brentwood Addition. First is the Solid
Rock Church, which owns Block 9 of the original Brentwood Addition. Block 9 was
originally platted into eight separate lots. The church has since combined it into one
parcel identification number. This property is proposed to be assessed eight units
based on the original eight lots contained in Block 9.
O:\PROJ\8231 OOJ\0564\Ltr-0601 Q4-Council.doc
2550 University Avenue West. Suite 400N · St. Paul, MN 55114 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Council Members
June 1, 2004
Page Two
3, The second property proposed to be assessed as more than one unit is Outlot A of
Brentwood Addition, which is currently being developed as the Elk Ridge Addition. It is
proposed to be assessed ten units based on its total size relative to the total size of
Block 9. Although Elk Ridge will not have any direct access onto Irving Street on its
west side, it is still proposed to be assessed based on the amount of traffic it will likely
generate and the routes that that traffic will utilize to get to the commercial
development.
At the close of the Public Hearing/Assessment Hearing, City Council can consider adopting the
attached three resolutions:
1. Resolution Ordering the Improvement
This resolution requires a 4/5 vote of the City Council because this is a Council-initiated
project.
2. Resolution Adopting Final Assessment Roll
This resolution would adopt the final assessment roll. Staff is recommending the rate
be reduced from the $2,175 per assessable unit proposed in the feasibility study to a
rate of $1,975 per assessable unit. The roll can be adopted with any modifications the
City Council deems appropriate. The one recommendation that staff would make would
be to remove Sherwin and Leora Cohrs (P.I.N. 75-503-0020). Since the assessment
roll is proposed to be adopted at a lower rate than was publicized, the staff will mail a
follow-up notice to each property owner with the new amortization schedule based on
the new rate if this resolution is adopted.
3. Resolution Accepting the Bid and Authorizing the Execution of the Contract
This resolution would award the project to Universal Enterprises, Inc., as the lowest
responsible bidder.
If you have any questions regarding any of this information or would like any other information
available for the Public Hearing/Assessment Hearing, please call.
Sincerely,
Howard R. Green Company
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Enclosures
O:\PROJ\8231 OOJ\0564\Ltr-0601 04-Council,doc
Howard R. Green Company
RESOLUTION 04-_
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ORDERING THE IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS IN
THE MATTER OF THE BITUMINOUS OVERLAY IMPROVEMENT
OF 2004
WHEREAS a public hearing relating to the 2004 Bituminous Overlay 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:
1. The 2004 Bituminous Overlay improvement is hereby ordered as recommended in the
Feasibility Report dated April 14, 2004.
Passed and adopted this yth day of June 2004.
Stephanie A. Klinzing, Mayor
ATTEST:
Joan M. Schmidt, City Clerk
O:\PROJ\8231 OOJ\0060\Res-0601 04-a 1 O.doc
RESOLUTION 04-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL
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 2004 Bituminous Overlay 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:
1. 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.
2. 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 five (5) years.
3. 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.
4. 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 ih day of June 2004.
ATTEST:
Stephanie A. Klinzing, Mayor
Joan M. Schmidt, City Clerk
O:\PROJ\8231 OOJ\0564\Res-0601 04-a 14.doc
RESOLUTION 04 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ACCEPTING BID AND AUTHORIZING
EXECUTION OF CONTRACT IN THE MATTER OF THE
BITUMINOUS OVERLAY IMPROVEMENT OF 2003
WHEREAS pursuant to a City Council direction, competitive bids were solicited and received
for the 2004 Bituminous Overlay Improvement; and
WHEREAS the City Council has considered the amount of the bids and the responsibility of
the bidders and determined that Universal Enterprises, Inc., is the lowest
responsible bidder;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
1. The Mayor and City Administrator are authorized and directed to execute, on behalf of
the City, such contract with Universal Enterprises, Inc., as is approved by the City
Attorney, for the completion of the 2004 Bituminous Overlay Improvement according to
the approved plans and specifications designed by City Council Resolution.
2. The City Administrator is authorized and directed to forthwith return to all bidders the
deposits made with their bids upon execution of the contract specified above.
Passed and adopted this ih day of June 2004.
Stephanie A. Klinzing, Mayor
ATTEST:
Joan M. Schmidt, City Clerk
0:\PROJ\8231 OOJ\0060\Res-0601 04-,a12,doc
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