3.4. SR 09-23-2002**Item 3.4.**
MEMORANDUM
TO:
Mayor and City Council
FROM:
Lori Johnson, Finance Director
DATE:
September 23, 2002
SUBJECT: Ross and Kay Bengston Sewer Backup Special Assessment
Request Update
On August 26 the Council approved a reimbursement of $500 to Ross and Kay Bengston to
cover a portion of the costs they incurred due to a sewer backup. The Council also approved
reimbursing the remaining $4,300 and levying a special assessment to recapture the costs if
staff determined that the assessment was legal.
Minnesota Statute Chapter 429 states that local improvements and certain current services
may be assessed to the benefiting property owner as long as all of the other requirements of
the statute have been fulfilled. Certain current service assessments require that the city has
adopted an ordinance providing that these services are the property owner's responsibility and
that the city may assess for certain costs. Sewer backup cleanup costs are not local
improvements and are included as assessable current services. Therefore, the sewer backup
costs incurred by Ross and Kay Bengston are not assessable.
Given the above interpretation, the $4,300 requested by Ross and Kay Bengston will not be
assessed to their property. The $500 deductible payment has been paid as approved by the
Council.
Action Requested
No action is required on this item as the costs are not assessable.
s: \council\lori\bengupd.doc