5.9. SR 09-07-2004City ~
River
13065 Orono Parkway
Elk River, MN 55330
Item 5.9
August 31, 2004
File: 823100J-0564
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
RE:
2004 OVERLAY IMPROVEMENT
SUPPLMENTAL PUBLIC AND ASSESSMENT HEARING
Dear Councilmembers:
It has come to staff's attention that the property located at 11769 Brentwood Lane in
Brentwood Addition has changed ownership as of February 26, 2004. When the mailing list
for the recently-completed 2004 Overlay Public Hearing and Assessment Hearing was
complied of April of 2004, the County records did not reflect the new owners. However,
the notices for the public hearing and assessment hearing were not mailed for a few weeks
after that mailing list was complied. By then, the County records had been changed to
reflect the new ownership. We did not catch that change and therefore, notified the former
owner of the property. Staff has been discussing this situation with City Attorney Peter
Beck and the conclusion has been that a Supplemental Public Hearing/Assessment Hearing
should be held for the new owners, Mark and Donna Mengelkoch. Therefore, attached for
the City Council's consideration are three resolutions; one, Ordering a Supplemental Public
Hearing, the second, Determining the Assessment Amount and Order Preparation of the
Assessment Roll, and the third resolution, Setting the Date for a Supplemental Assessment
Heating. The date staff has picked for these hearings is Monday, October 18, 2004. We
would recommend that the City Council adopt all three of these resolutions.
I have been attempting to contact the Mengelkoch's. I have finally made telephone contact
with them and will be meeting with them to discuss this situation prior to Tuesday's City
Council meeting. I will explain to them how they were omitted from the notification and
that the City intends to hold a Supplemental Public and Assessment Hearing for them. I will
also offer them the opportunity to sign a Waiver and Agreement for Assessment for the
Phone: 763.635.1000
Fax: 763.635.1090
www. ci.elk-river, mn.us
Mengelkoch
August 31, 2004 Page 2
Overlay Project. If they agree to sign such a waiver, the need for the Supplemental hearing
will no longer exist. I will update the City Council on Tuesday evening regarding my
conversation with them.
If you have any questions regarding this issue, please call.
Sincerely,
S:\PLANNING\Terry Maurer\08 31 04 Mengelkoch.doc
RESOLUTION 04-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION RECEIVING THE FEASIBILITY REPORT
AND ORDERING A SUPPLEMENTAL PUBLIC HEARING ON THE
IMPROVEMENT IN THE MATTER OF THE BITUMINOUS OVERLAY
IMPROVEMENT OF 2004
WHEREAS
the Feasibility Report ordered by the Council in Resolution 04-13 has been prepared
with reference to the Bituminous Overlay of 2004 improvement and was received by the
City on April 19, 2004; and
WHEREAS the Feasibility Report recommends that the proposed improvement is feasible;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
The City Council will consider the 2004 Bituminous Overlay improvement as
described in the Feasibility Report and the assessment of the property abutting this proposed
improvement for all or a portion of the cost of the improvement pursuant to Minnesota
Statutes, Section 429, at an estimated total cost for the improvement of $662,000.
A supplemental public hearing shall be held before the City Council on the proposed
improvement on the 182 day of October, 2004, at 6:30 p.m. at the Elk River City Hall Council
Chambers.
The City Clerk shall provide two published notices (one week apart) in the official newspaper
with at least three days between the last publication date and the hearing, and mailed notice ten
days prior to the hearing as required by law.
Passed and adopted this 7th day of September, 2004.
ATYEST:
Stephanie A. Klinzing, Mayor
Joan M. Schmidt, City Clerk
S:kPLANNING\Terry Maurer~ResolutionsUMengelkoch Feasb.doc
RESOLUTION 04-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION DETERMINING ASSESSED COST OF
IMPROVEMENT AND ORDERING PREPARATION OF
PROPOSED SUPPLEMENTAL ASSESSMENT ROLL IN THE
MATTER OF BITUMINOUS OVERLAY IMPROVEMENT OF 2004
WHEREAS,
costs have been determined for the 2004 Bituminous Overlay improvement
consisting of a contract price of $540,900 and expenses incurred or to be
incurred by the City in the making of the improvement in the amount of
$81,100, for a total cost of the improvement of $662,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota:
o
Based upon the City Assessment Polities, it is determined that the portion of this
improvement to be paid by the City and not assessed to benefited properties is $-0.
The portion of the cost to be assessed against benefited properties pursuant to the
Elk River City Assessment Policies shall be $662,000.
The assessments shall be payable in equal annual installments and shall extend over a
period of five years, the first of the installments to be payable on or before the first
Monday in January 2005, 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 supplemental assessment roll, the City
Administrator shall notify the Council and schedule a public hearing upon the
proposed assessment, causing notice of the heating by publication and mail to be
made at least two weeks prior to the hearing.
Passed and adopted this 7~h day of September, 2004.
ATTEST:
Stephanie A. Klinzing, Mayor
joan M. Schmidt, City Clerk
S:kPLANNING\Teny MaurerUResolutionsUMengelkoch deter cost.doc
RESOLUTION 04-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ESTABLISHING THE DATE
FOR THE ASSESSMENT HEARING FOR THE
BITUMINOUS OVERLAY IMPROVEMENT OF 2004
WHEREAS,
by a resolution passed by the Council on September 7, 2004, the City Clerk
was directed by to prepare a proposed supplemental assessment of the cost
of the 2004 Bituminous Overlay Improvement; and
WHEREAS,
the Clerk has notified the Council that such proposed assessment will be
completed and filed in the Clerk's office for public inspection by the
appropriate time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota:
A heating shall be held on the 18th day of October, 2004, in the City Hall at 6:30 p.m.
to pass upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity to be
heard with reference to such assessment.
The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to
the hearing, and shall state in the notice the total cost of the improvement. The City
Clerk shall also cause mailed notice to be given to the owner of each parcel described
in the assessment roll not less than two prior to the hearings.
The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City of Elk River,
except that no interest shall be charged in the entire assessment is paid within 30
days from the adoption of the assessment. The owner of any property may at any
time thereafter pay to the City of Elk River the entire amount of the assessment
remaining unpaid, with interest accrued to December 31~ of the year in which such
payment is made. Such payment must be made before November 15~ or interest
will be charged through December 31 ~ of the succeeding year.
Passed and adopted this 7~h day of September, 2004.
ATTEST:
Stephanie A. Klinzing, Mayor
Joan M. Schmidt, City Clerk
S:\PLANNING\Terry MaurerXaResolutions\/Vlengelkoch Res establ date assess ph.doc