5.7. SR 10-03-1994
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**CONSENT ITEM 5.7.**
MEMORANDUM
TO:
MAYOR & CITY COUNCIL
GARY SCHMITZ, PLANNING C 1
ASSISTANT
FROM:
DATE:
OCTOBER 3, 1994
SUBJECT: RESOLUTION ADOPTING AND
LEVYING SPECIAL ASSESSMENTS
FOR UNPAID GARBAGE SERVICES
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As outlined in the attached resolution, state law and City ordinance allow the
City to levy an assessment for any garbage collection services unpaid as of
September 1, 1994. No notice is required to the property owner and no public
hearing is required before adopting the special assessment resolution. Even
though the City is not required to give notice to the property owner, each
property owner with a delinquent balance has been sent a delinquent notice.
The notice indicated that unless the unpaid balance was paid by a certain
date, it would be certified to the County in the form of a special assessment.
The notice clearly informed property owners that it was the only notice they
would receive regarding this assessment.
Attached to the resolution is a list showing the property owner, property
identification number, account number, unpaid balance, and the assessment
amount for each parcel being assessed. This year there are 57 parcels being
assessed a total of $13,385.73. Last year 112 parcels were assessed for a
total of $29,052.19. Therefore, the assessment amount has decreased
considerably since Elk River Utilities took over the billing program and
implemented a monthly refuse bill. The City will allow any ofthese people to
pay their assessment prior to certification to the County on November 30. As
the resolution states, the assessment amount includes a 10% penalty and 6%
interest.
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P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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RESOLUTION 94 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS
FOR UNPAID GARBAGE COLLECTION SERVICES AS OF
SEPTEMBER 1, 1994
WHEREAS, Minnesota Statutes Section 433.015 authorizes the City to
annually levy an assessment equal to such unpaid cost as of
September 1 of each year for garbage collection services at an
interest rate not to exceed 6% and a penalty not to exceed
10%; and,
WHEREAS, the City's ordinance Section 602.12 Subdivision 3, authorizes
the City to levy an assessment against property for garbage
collection equal to the unpaid charges as of September 1;
and,
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WHEREAS, all customers and property owners with delinquent balances
as of September 1, 1994, have been given adequate notice of
this pending assessment and have been given opportunities
to pay prior to this assessment being levied; and,
WHEREAS, State law does not require a public hearing or notice before
levying such assessments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River that the parcels and amounts listed on Exhibit A attached hereto
are correct and made a part hereof, are to be levied at an interest rate 6% per
annum with a 10% penalty, and certified to the Sherburne County Auditor.
Passed and adopted by the City Council of the City of Elk River this 3rd day
of October, 1994.
Larry A. Farber, Vice Mayor
ATTEST:
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Sandra A. Thackeray, City Clerk
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1994 GARBAGE ASSESSMENTS
PROPERTY OWNER T ACCT # i PID# BALANCE ASSESSMENT
Richard Olson I 80-14041 75-531-0110 $87.19 $101.66
Andrew Bown 80-1478 75-459-0160 $106.79 $124.52
Lester Lundquist 80-10 75-409-0635 $95.26 $111.07
John Polden 80-980 75-503-1030 $258.34 $301_22
Peter Carles 80-1501 75-452-0180 $311.47 $363.17
Wayne Olson 80-1507 75-452-0170 $258.34 $ 301.22
Gloria Williams-Heard 80-1515 75-452-0150 $213.44 $248.87
Terry Held 80-1517 75-452-0145 $85.34 $99.51
Terrance Dixon 80-1519 75-452-0140 $258.34 $301.22
Eugene Rock 80-1613 75-506-0290 $258.34 $301.22
Holder Heier 80-1627 75-506-0310 $258.34 $301.22
Deborah Epling , 80-1708 75-506-0120 $128.04 $149.29
Mary Schmaltz 80-1744 75-505-0140 $84.49 $98.52
Jeffrey Sohns 80-1844 75-117-4103 $85.24 $99.39
David Carlson 80-1 846 75-117-1401 $207.60 $242.06
Todd Orrock 80-1854 75-116-2301 $83.49 $97 _35
Duane Demann 80-490 75-484-0110 $223.14 $260.18
Earl Jones 80-518 75-484-0240 $211.59 $246.71
William Girard 80-600 75-471-0110 $158.34 $184.62
Gary Jacobson 80-608 75-513-0440 $258.34 $301.22
Peter Master 80-756 75-487-0340 $207.60 $242.06
Ronald Roos 80-858 75-508-0340 $258.34 $164.47
Corey Lorentzen 80-950 75-510-0410 $232.74 $271.37
James Beaudrie 80-992 75-510-0160 $258.34 $301.22
Beth Hughes 80-1034 75-131-1200 $93.05 $108.50
Geralds Winkels 80-1052 75-131-2300 $207.60 $242.06
Robert Doncaster 80-1054 75-131-2211 $343.79 $400.86
James Trantina 80-1090 75-001-4210 $192.09 $223.98
Kevin Murray 80-1178 75-523-0240 $258.34 $301.22
Richard Radermacher 80-1186 75-523-0114 $83.49 $97.35
Jeff Korthals 80-1226 75-002-4310 $258.34 $301.22
Dwight Kirkeide 80-1 242 75-010-1101 $258.34 $301.22
Colleen Matthieson 80-1 248 75-011-2240 $186.54 $270.26
Fern Larson 80-1270 75-494-0135 $258.34 $301.22
Mike Boelter 80-1 308 75-117-3100 $213.44 $248.87
Joe Cook 80-1318 75-024-2400 $195.80 $228.30
Brett Baker 80-2158 75-517-0340 $85.34 $99.51
Walter Krause 80-2164 75-130-1402 $258.34 $301.22
Martha Grace 80-2204 75-517-0334 $234.79 $273.77
Roland Jurgensen 80-2256 75-119-1400 $258.34 $301.22
Garnet Hommes 80-2316 75-118-1400 $258.34 $301.22
Edward Shimek 80-2362 75-106-2401 $258.34 $301.22
Lee Dziuk 80-2390 75-118-2216 $258.34 $301.22
Grady Foss 80-2510 75-515-0245 $157.09 $183.17
Donald Brown 80-2520 75-515-0220 $258.34 $301.22
Wade Malcolm 80-2646 75-499-0430 $144.60 $168.60
Henry Griner 80-2650 75-499-0440 $270.96 $315.94
Lester Boelter 80-2670 75-900-0009 $122.34 $142.65
Page 1 of 2
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1994 GARBAGE ASSESSMENTS
PROPERTY OWNER I ACCT # PID # I BALANCE ASSESSMENT
Darrel Brant 80-2130 75-108-3102 $258.34 $301.22
Robert Gammon 80-2156 75-129-4110 $258.34 $301.22
David Schoenborn 80-54 75-125-2315 $170.74 $199.08
Roy Draper 80-202 75-112-1101 $165.16 $192.58
Gerald Sneft 80-204 75-101-4410 $144.30 $168.25
Jonathon Froehlich 80-232 75-112-4401 $213.44 $248.87
Raphael Kraljic 80-286 75-124-2401 $258.34 $301.22
Richard Hirschey 80-368 75-114-3400 $258.34 $301.22
D H Peterson 80-428 75-113-3300 $122.28 $142.58
TOTAL ASSESSMENTS $11,552.08 $13,385.73
Page 2 of 2
Elk River City Council Meeting
September 27, 1993
Page 4
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to the City requiring 48 hours minimum training as she did not feel she
needed that many hours of training in order to perform chair massage.
Councilmember Farber questioned what
requires for an on-site chair massage.
Council, it was the consensus to table
the City of Coon Rapids ordinance
After further discussion by the
this issue.
COUNCILMEMBER HOLMGREN MOVED TO TABLE THE ISSUE UNTIL THE NEXT CITY
COUNCIL MEETING TO BE HELD ON OCTOBER 4, SO THAT THE CITY CLERK CAN
RESEARCH COON RAPID'S ORDINANCE ON ON-SITE MASSAGE AND ALSO DETERMINE
WHETHER THE STATE OF MINNESOTA REQUIRES THAT PHYSICAL THERAPISTS
RECEIVE A PHYSICAL EXAMINATION TO DETERMINE WHETHER OR NOT THEY CARRY
COMMUNICABLE DISEASES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
5.4. Consider Resolution Approvinq Summary of Therapeutic Massaqe Ordinance
No action was taken on this item as the ordinance was tabled.
3.5. Update on September Utilities Commission Meetinq
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City Administrator, Pat Klaers, indicated that the Utilities Commission
considered a request to reimburse the City $10,000 for the water tower
site in the northeast part of the community. He indicated that the
Commission has requested additional background information on the
purchase. The City Administrator indicated that the Utilities
Commission also questioned whether they would be asked to reimburse the
City for the land where the western water tower be located next to
Orono Park and Highway 10. The City Administrator suggested that if
the city does desire the Utilities Commission to reimburse them for
this property, then the City could deduct the value from the TIF #4
contribution that it plans to make to the Utilities for the western
water tower and apply this TIF money toward another eligible prcject.
COUNCILMEMBER FARBER MOVED TO REDUCE THE TIF #4 CONTRIBUTION BY THE
VALUE OF THE LAND AND UTILITY ASSESSMENT TO ALLOW THE CITY TO RECEIVE
REIMBURSEMENT FOR THE WATER TOWER PROPERTY WHERE THE WESTERN AREA WATER
TOWER WILL BE LOCATED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 3-0-1. Councilmember Dietz abstained.
After further discussion, it was the consensus of the Council not to
become involved in future water tower site purchases.
*' 5.6.
Resolution Assessing Delinquent Unpaid Garbage Bills
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Lori Johnson, Finance Director, noted that state law and City ordinance
allow the City to levy an assessment for any garbage collection
services unpaid as of September 1, 1993. She noted that this year
there are 117 parcels being assessed for a total of $29,921.80. She
further noted that each property owner with a delinquent balance has
been sent a delinquent notice.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-52, A RESOLUTION
ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES
Elk River City Council Meeting
September 27, 1993
Page 5
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AS OF SEPTEMBER 1, 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
5~7. Accept Resiqnation from Planninq Commissioner Robert Emerson
City Administrator, Pat Klaers, noted that recently appointed Planning
Commissioner, Bob Emerson, has resigned. He indicated that Bob Emerson
was appointed by the Planning Commission to fill the vacancy created by
Rita Johnson in May. The City Administrator indicated that at the time
the City Council interviewed Bob Emerson for the position, it also
interviewed Mr. James Tacheny. He noted that Mr. Tacheny is still
interested in the position.
COUNCILMEMBER SCHEEL MOVED TO ACCEPT BOB EMERSON'S RESIGNATION FROM THE
PLANNING COMMISSION AND TO APPOINT MR. JAMES TACHENY TO THE PLANNING
COMMISSION TO COMPLETE THE TERM OF RITA JOHNSON, ENDING DECEMBER 31,
1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED
4-0.
5.8. Reapportionment of CherryHill Bluffs 2nd Addition Special Assessments
Finance Director, Lori Johnson, noted that because there were special
assessments levied against the recently platted CherryHill Bluffs 2nd
Addition for the 1981 sewer interceptor, the balance of the special
assessments must be reapportioned.
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COUNCILMEMBER HOLMGREN MOVED TO REAPPORTION THE SPECIAL ASSESSMENTS FOR
THE 1981 SEWER INTERCEPTOR AGAINST THE CHERRYHILL BLUFFS 2ND ADDITION
PLAT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED
4-0.
5.9. City of Elk River Assessment Search Policy
Finance Director, Lori Johnson, stated that earlier this year the
Council requested that a special assessment search policy be adopted
stating that the City would no longer do verbal assessment searches.
She noted that in an effort to eliminate misunderstandings regarding
special assessment balances and method of payment, verbal assessment
searches will not be provided effective January 1, 1994. She indicated
that written special assessment searches will be processed in a timely
manner and that she is proposing a $5.00 surcharge for searches
requested to be processed in less than 24 hours notice.
COUNCILMEMBER SCHEEL
POLICY WHICH DOES
COUNCILMEMBER FARBER
MOVED TO ADOPT THE SPECIAL ASSESSMENT SEARCH
NOT ALLOW VERBAL SPECIAL ASSESSMENT SEARCHES.
SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6. Open Mike
No one appeared for this item.
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7.1.
Consider Resolution
Improvements/Public
Adopting
Hearinq
Assessment
Roll
for
Fresno
Street