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5.3A. SR 05-10-1999 . Item 5.3a. Howard R. Green Company CONSULTING ENGINEERS May 3, 1999 File: 803570j-0564 Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: SCHOOL STREET IMPROVEMENT ASSESSMENT HEARING Dear Council Members: As you are aware, the assessment hearing for the School Street improvement between Jackson Avenue and Proctor Avenue is scheduled for Monday evening, May 10, 1999. On April 6, 1999 we opened bids for this street improvement project. The low bid was slightly below the feasibility estimate. The recommended assessments consist of $12.00 per front foot for sidewalk, to eight properties on the south side of School Street. Then the remaining project cost is equally split between assessments to the school district on the north side of the street, and the City. . At the assessment hearing I will be prepared to make a brief presentation summarizing the project, total project cost, and the proposed assessments. After my presentation I will be prepared to answer any questions the City Council and/or affected property owners may have. Thus far, the City has received no formal written appeals. Individuals may appeal their assessment to this project by presenting a signed, written objection to the mayor at the hearing. An individual simplv standina UP at the assessment hearina indicatina their obiection to the proiect does not constitute an assessment appeal. Following the submission of the signed, written objection, the property owner must also serve notice of appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment role. They must file their notice with the district court within 10 days of serving the Mayor or the City Administrator. At the close of the assessment hearing, it would be appropriate for the City Council to consider the attached resolution, which adopts the assessment role. This resolution may be adopted with the assessment role as proposed or any changes the City Council deems appropriate after the assessment hearing. If you have any questions regarding these issues please call. Sincerely, . Howard R. Green Company C-- ~j#!a;((~ Terry J. ~~rer, P.E. tjm:kbk 0:\PROJ\80011 Oi\0071 \570-0303.may99.doc 1326 Energy Park Drive. 81. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389 . . RESOLUTION 99 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE SCHOOL STREET IMPROVEMENT OF 1999 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 School Street 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 7.0% over a period of 5 or 10 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 10th day of May, 1999 ATTEST: Stephanie A. Klinzing, Mayor . Sandra A. Peine, City Clerk O:\PROJ\803570j\0564\570-0302.may99.doc . InRe: . . School Street Improvement of 1999-- OBJECTION TO SPECIAL ASSESSMENT Independent School District No. 728, Petitioner. TO: Stephanie Klinzing, Mayor, City of Elk River, and Sandy Peine, Clerk, City of Elk River: PLEASE TAKE NOTICE that Independent School District No. 728 (hereinafter "Petitioner"), under the provisions of Minn. Stat. ~429.061, subd. 1, hereby makes written objection to the proposed assessments in regard to Petitioner's real property located in the city of Elk River and identified as Parcel Nos. 75-133-1102 and 75-134-2100. The proposed assessments are more fully identified in a Notice of Assessment Hearing dated April 23, 1999 which identifies the project as the 1 999 School Street Improvements, Project No. 803570J ("Project"), and incorporates therein an assessment schedule with respect to Petitioner's property. Petitioner's objections to the proposed assessments by the City of Elk River include, but are not limited to, the following: 1 . That the proposed Project would not provide any special benefit to Petitioner's parcels. 2. That should the Project be completed, the proposed assessment will exceed any increase in the market value of Petitioner's property. 3. That the proposed assessment constitutes an unconstitutional taking of Petitioner's prope~ without just compensation. 4. That the assessment procedure, as followed by the City of Elk River, violates Petitioner's rights of due process and equal protection. 1 5. That the proposed Project will not increase the market value of . Petitioner's parcels. 6. That as currently apportioned, the proposed assessment does not fairly reflect any resulting benefits to Petitioner's parcels and other affected parcels, nor does the proposed assessment bear any reasonable relationship to the value of any claimed special benefits to Petitioner's parcels. 7. That the City of Elk River has not and cannot show that the fair market value of Petitioner's parcels will increase in an amount equal to the proposed assessment. 8. That any determination by the City of Elk River to defer the assessment upon Petitioner's property is speculative in nature and not subject to deferred assessment treatment. 9. That the City of Elk River acted arbitrarily, capriciously and unreasonably in apportioning the entire assessment against the Petitioner and apportioning none of the assessment against other properties which are affected by the Project. 10. That the City of Elk River has violated M.S.A. !429.01, et seq., including M.S.A. !429.051, in apportioning the entire assessment against the Petitioner and apportioning none of the assessment against other properties which are affected by the Project. 11 . That the City of Elk River followed no reasonable rule in apportioning the entire assessment against the Petitioner and apportioning none of the assessment against other properties which are affected by the Project. Dated: M~ \ lD INDEPENDENT SCHOOL DISTRICT NO. 728 ~ t Ci By: D~l~ Dr. David Flannery Superintendent , 1 999 misc\ct.talisd-obj 2 ...... -. . .