7.1. SR 09-27-1993
ITEM 7. 1.
_ / f ~ ~ ~ _'" J.. CONSULTING ENGINEERS
e .",__ Maier Stewart & Associates Inc.
September 21, 1993
File: 230-159-58
e
e
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: FRESNO STREET ASSESSMENT HEARING
Dear Council Members:
As you are aware, the assessment hearing for the Fresno Street Improvements is scheduled for
Monday, September 27, 1993. This project consisted of the extension of sanitary sewer, water,
storm drainage, and new street construction on Fresno Street within the Orono Lake Third
Addition. However, the assessment hearing is only for the street and storm drainage
improvements. The proposed assessment rates are $8.00 per front foot for the storm drainage
and $22.00 per front foot for the street improvement. There is no assessment proposed at this
time for the sanitary sewer or water improvements. If a homeowner chooses to hook up to the
sanitary sewer andlor watermain, those assessments would be levied at that time. Otherwise, no
utility assessments would be levied until such time as the entire subdivision receives sewer and
water improvements.
At this time, the City has received two formal written assessment appeals from property owners.
They are from Gwen R. Smith of 18290 Fresno Street and Jeffrey and Cheryl Colbath of 13155
183rd Avenue Northwest. These properties are the most northerly on both the east and west side
of Fresno Street. Their objections call for interpretation of the City t S assessment policy. Both
of these properties have frontage along Fresno Street right-of-way and, in fact, the Smith
property driveway accesses onto Fresno Street. However, as you are aware, Fresno Street is not
constructed to the northerly plat line. This raises the question of whether a property should be
assessed partially or in full for street and storm drainage improvements when the actual street
is only built along a portion of the right-of-way adjacent to the property.
Individuals may appeal this process by presenting a signed, written objection to the Mayor at the
hearing. An individual simply standing up at the public hearing indicating their objection to this
project does not constitute an assessment appeal. Following the submission of a signed, written
objection, the property owner also has to serve a Notice of Appeal upon the Mayor or City
Administrator within 30 days after the adoption of the assessment roll and must fIle this notice
with the District Court within ten days after serving the Mayor or City Administrator.
1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021
9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 . Equal Opportunity Employer
159-2106.sep
e
e
e
Honorable Mayor and City Council
September 21, 1993
Page Two
At the close of this assessment hearing, it would be appropriate for the City Council to consider
the attached resolution adopting the final assessment roll. This can be adopted with any
modifications the City Council deems appropriate.
If you have any questions, I will be in attendance at Monday evening's meeting.
Sincerely,
MAIER STEWART & ASSOCIATES, INC.
.~<<~
Terry J. Maurer, P.E.
TJM:tp
Attachments
159-2106.llCP
e
e
e
RESOLUTION 93 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL
WHEREAS, upon due notice property 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 Fresno Street
and Storm Drainage 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. 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
benefitted 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 as
5.75% over a period of five 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 / 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 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 27th day of September, 1993.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Administrator
159-2108.sep
230-159-58
SEP Z 0 1993
September 15, 1993
e
Sandra Thackeray
Elk River City Clerk
P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
Gwen R. smith
18290 Fresno Street
Elk River, MN 55330
Re: FRESNO STREET ASSESSMENT OBJECTION
LOT 1 BLOCK 1
ORONO LAKE THIRD ADDITION
Dear City of Elk River:
e
I am appealing the assessment you have of my property as listed
above for street and storm drainage. The 130 feet you listed is
being confused with being a street which it is not and has no need
for sewer or water. The 130 or less feet you are talking about is
a "out-lot" and has never been transferred or bought by myself or
my neighbor Mr. Jeff Colbath. I contacted the developer, who has
already paid for streets ( another issue), Irv Moldenhauer and he
reaffirms that the half lot you are trying to assess me for is an
"out lot" and I am not in ownership of it. The City has maintained
it throughout winter months for approximately 14 years and Mr.
Colbath and I have cut the grass for appearance sake but have not
used the land for our own use. As you will see, even if I did own
it, there is no street that goes beyond my driveway. Therefore,
the most I should be assessed for is from the South corner of my
driveway where the street ends and has already gone beyond where it
originally ended at the corner of 183rd and Fresno street.
I did not ask or want new streets, curbs, sewer or water and feel
this whole project is being dumped on the residents along Fresno
street, because your sewer line had to go through somewhere and I
feel this is the City's responsibility and we should not have to
shoulder this burden.
Financially as a single parent with two in college I can't pay for
the almost $4,600 you are proposing I pay, which is not right or
correct.
I will be attending the City Council meeting on September 27th for
further discussion if needed.
e
~nk youiJ_~~
.~ll@Z Il 't<<l't---
, wen R. smit
18290 Fresno Street
Elk River, MN 55330
'-
e
Project:
Parcel:
Owner:
ASSESSMENT SCHEDULE
Constant Principal Payment Method
FRESNO STREET
Street and Storm Drainage Improvements
75-491-0110
Gwendolyn R. Smith
Interest Start Date:
Repayment Period:
Interest Rate:
Assessments:
a. STREET
b. STORM DRAINAGE
c.
d.
01-Dec-93
5 years
'5.75%
Quantity
130
, 130
Lot: 1
Block: 1
Addition: Orono Lake
Third Addition
Unit Measure
FF
FF
Unit Price
22.00
8.00
Amount
$2,860.00
$1,040.00
e YEAR
1993
1994
1995
1996
1997
1998
NOTE:
ANNUAL PAYMENT
$1,023.30
$959.40
$914.55
$869.70
$824.85
PRINCIPAL
PAYMENT
$780.00
$780.00
$780.00
$780.00
$780.00
Total Assessment
INTEREST
PAYMENT
PRINCIPAL
REMAINING
$243.30
$179.40
$134.55
$89.70
$44.85
$3,900.00
$3,120.00
$2,340.00
$1,560.00
$780.00
$0.00
$4,591.80 =Total of Annual Payments
Prepayment of entire assessment amount may be made to the City of Elk River any
time before NOVEMBER 30, 1993 without interest.
e
09-Sep-93
$3,900.00
.
e
.
Jeffrey & Cheryl Colbath
13155 183rd Avenue N.W.
Elk River, MN 55330
September 13, 1993
Sandra Thackeray, City Clerk
City of Elk River
P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
RE: FRESNO STREET, Street & Storm Drainage Improvements
We object to the proposed assessment against our property.
As you can see on the attached copy of the assessment schedule you
sent us, you propose to assess us for 136.63 FF of street and storm
drainage. Our property does not run along Fresno Street. Fresno
Street ends where it meets 183rd Avenue. There is an out lot, not
a street, on the west side of our property. Therefore, we do not
believe our property should be considered a "benefitted property".
1
'Wo-d~
ell 1.JLUL OOo.JJv
Jeff~el ~ Cheryl Colbath
(Phone 441-3351)
Received By "-~'-" 12. ~
Date Received CJ/17 /t:f3