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4.6. SR 03-19-2001 Howard R , Green Company Item 4.6 March 13, 2001 File: 812420J-0030, 0564 Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 RE: DOWNTOWN SIDEWALK REPLACEMENT PROJECT Dear Council Members: As you are aware, the public headng and assessment headng for the Downtown Sidewalk Replacement project are both scheduled for Monday evening, March 19. Attached for your review is another copy of the bdef feasibility study that was prepared for this project. I will be prepared at the public/assessment headng to make a brief presentation on the project and then answer any questions the City Council or public may have. In order to preserve their right to appeal the assessment, the property owner must submit a written objection to the Mayor or City Administrator at or before the assessment hearing. Simply voicing any objection at the assessment headng does not constitute an objection. As you are aware, staff held an informational meeting to discuss this project on Thursday, March 1, 2001. At that meeting, both business owners and property owners were invited. There was a very small turnout for the hearing, and very little discussion was sparked by staff's presentation. Attached for your review are a sign-up sheet and minutes of that informational meeting. Those in attendance did voice a preference for an eady construction schedule pdor to the Art Soup celebration. At the close of the public hearing and assessment headng, the Council has three resolutions for their consideration. Copies of all three are attached. The first resolution orders the improvement and the preparation of plans and specifications. The second resolution approves the plans and specifications and orders the advertisement for bids. According to our schedule, bids will be opened on Thursday, Apdl 12, and be available for the City Council's consideration on Monday, April 16. The final resolution for the Council to consider is a resolution adopting the final assessment roll. If there is anything specific you would like me to present Monday evening, or any questions you have prior to the meeting, please call. Sincerely, Howard R. Green Company Terry J. I~ra~rer, P.E. TJM:tw Encs. O:\PROJ\812420j\0030\Ltr 03-13-01 Council.doc 1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Project No. 812420J-0325 FEASIBILITY STUDY FOR THE DOWNTOWN SIDEWALK REPLACEMENT PROJECT CITY OF ELK RIVER, MINNESOTA 812420J FEASIBILITY Howard R. Green Compar, Project No. 812420J Feasibility Study City of Elk River FEASIBILITY STUDY DOWNTOWN SIDEWALK REPLACEMENT PROJECT ELK RIVER, MINNESOTA FEBRUARY 2001 I hereby certify that this Plan, Specification, or Report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. Terry J. Maurer, P~. Reg. No. 15316 Prepared by: Kristina Thompson, E.I.T. Date Date 812420J FEASIBILITY Howard R. Green Compan. Project No. 812420J Feasibility Study City of Elk River 1. INTRODUCTION m This feasibility study is authorized by the City Council with the adoption of Resolution 01- 06, passed on February 12, 2001. The scope of the feasibility is to consider the replacement of the downtown "red" sidewalks with concrete pavers. This report will briefly discuss the proposed improvements, estimated cost, provide a method of assessing a portion of the project, and provide a schedule for completion of the project. Resolution 01-06 authorizing this feasibility study was adopted by the City Council based on a recommendation from the City's Housing and Redevelopment Authority (HRA). PROPOSED IMPROVEMENTS The replacement of the downtown existing "red" sidewalk has been discussed for several years. Two things have occurred which make it appropriate to consider the initiation of this project in the summer of 2001. First is the redevelopment of the northwest corner of Main Street and King Avenue. The second item is the desire by the Elk River Municipal Utilities to bury conduits and electric wires in the downtown area. At several meetings, the City Council and/or HRA have discussed various options for the replacement of the downtown sidewalks. It was concluded that all of the "red" sidewalks should be replaced with a similar concrete paver style as chosen by the development at Main Street and King Avenue. That development will be replacing the sidewalks on both sides of the new building with a concrete paver that is of a cobblestone style in a random pattern with three different size blocks, those sizes being 3' x 6", 6" x 6", and 6" x 9". The color chosen by the development is Autumn Blend. Exhibit 1 shows what the random pattern style will look like using the intersection of Main Street and Jackson Avenue as an example. In addition to replacing the "red" sidewalks in the downtown areas, it is also proposed to replace sections of concrete curb and gutter which have been damaged over the years, replace sections of flat gray sidewalk on King Avenue which have deteriorated over time and, finally, to connect the two concrete islands at the intersection of Main Street and Jackson Avenue with the curb line to eliminate any cut-through vehicle traffic. The project would also remove and replace all of the pedestrian ramps in the downtown area. PROJECT COSTS This section provides the estimated project costs for the proposed improvements. Overhead, which includes City administration, engineering, legal, fiscal, and assessment roll preparation, is typically estimated at 28% of the construction cost. For the purposes of this project, that overhead rate has been estimated to be 10%, given the relatively simple process this project will go through. The estimated project costs are as follows: Estimated Construction Cost Estimated Overhead (10%) Estimated Total Project Cost $263,700 26,400 $290,100 812420J FEASIBILITY Howard R. Green Compan'. Project No..812420J Feasibility Study City of Elk River 4. FINANCING The project is proposed to have a small percentage assessed to the abutting property owners with the remainder funded by the HRA. Various options have been reviewed by the HRA and City Council for the assessment of this project. The chosen alternative is to assess $1,500 per unit, with a unit being determined to be any parcel of property which has a separate tax identification number. A review of the County records indicates that there are 39 parcels in the project area with individual tax identification numbers. Using $1,500 per unit, this means that the total assessment would be $58,500. The method of spreading this assessment was chosen as 50% per unit and 50% by front footage. It was determined that there is a total assessable front footage of approximately 2,500 front feet. Therefore, the assessment rates are $750 per unit and $11.64 per front foot. Applying these rates to each parcel results in the preliminary assessment role shown on Exhibit 2. The remaining project costs will be funded by the HRA with a small portion of the cost being paid for by the Elk River Municipal Utilities, equivalent to the cost of removing the existing sidewalk on the north side of Main Street: 5. PROJECT SCHEDULE The schedule for the Downtown Sidewalk Replacement project, as provided in Table 1 below, is based upon guidelines established in Minnesota State Statues Chapter 429, Local Improvements, Special Assessments. Dates for construction may be revised after the informational hearing. Table 1. PROJECT SCHEDULE City Council orders Feasibility Study * City Council receives feasibility study and orders public hearing. · City Council orders preparation of assessment roll and assessment hearing · Informational Hearing · Public Hearing and Assessment Hearing · Order Improvement Approval of Plans/Authorization to Bid · Open Bids · City Council awards contract · Begin construction on sidewalk replacement and ERMU underground electric work · Complete construction · First payment due with real estate taxes February 12, 2001 February 26, 2001 February 26, 2001 March 1, 2001 March 19, 2001 March 19, 2001 April 12, 2001 April 16, 2001 April 23, 2001 Mid June, 2001 May 2002 812420J FEASIBILITY Howard R. Green Compan: Project No. 812420J Feasibility Study City of Elk River 6. NEED AND COST-EFFECTIVENESS The sidewalk in the downtown area is showing signs of deterioration and is in need of replacement. The Elk River Municipal Utilities has plans to place its electric facilities underground in the downtown area in 2001, which will require replacement of approximately half of the sidewalk. The project is necessary to provide a quality means for pedestrian movement throughout the downtown business district. This project consists of approximately 30,000 square feet of sidewalk to be replaced. The size of the project will insure competitive bidding and from this standpoint, is cost-effective. J CONCLUSION Based on the information contained within this report, the Downtown Sidewalk Replacement Project is necessary, cost-effective, and feasible from an engineering standpoint. As previously stated, the cost will be financed through a combination of assessments to benefiting properties, HRA funds, and Elk River Municipal Utilities funds. The project will enhance the downtown area by eliminating above ground utilities and replacing deteriorating sidewalk and curb. 812420J FEASIBILITY EXISTING BUILDING ..... x, x., -STREET LIGHT (TYP.) EX. EX. TREE GRATE (TYP.) z 0 10' WIDE BOULEVARD MAIN STREET BOULEVARD EXISTING BUILDING / / / / / / / EXISTING ALLEY / EXISTING / BUILDING NOTE: SIDEWALK PAVERS ARE NOT SHOWN TO SCALE DESIGNED BY: DESIGNED_BY DRA1M~I BY: BRAWN_BY APPROVED BY:APPROVED_BY JO~ NUMBER JOB~ CAD DATE: Jonuory 11, :~OO1 11:54:18 a.m. CAD FILl[: 23OOOOm\exhibits~MAIN-JACK$ONB.DWG ~ 1326 ENERGY PARK DRIVE .~"'~1 ~ ST. PAUL. MINNESOTA 55108 ~~,, (651) 644-4389 ~ I Howard R. Green Company ~" j CONSULTING ENGINEERS Gl'Pt' OF ELK RIVER COBBLE - RANDOM PATTERN STREET AT JACKSON AVENUE SI~ALK E4PROVEMENTS 1 EXHIBIT 2 DOWNTOWN SIDWALK REPLACEMENT (812420J-0564) ASSESSABLE COST= $58,500.00 No. TAX ID. NUMBER Property Owner Property Address City, State, Zip Mailin( Address 1 75-404-0150 City of Elk River P.O. Box 490 Elk River, MN 55330 35.85 $1,167.29i 2 75-404-0151 City of Elk River P.O. Box 490 Elk River, MN 55330 35.85 $1,167.29 3 75-404-0152 Van Valkenburg 657 Main Street Elk River, MN 55330 657 Main Street Elk River, MN 55330 6.3 n/a 4 75-405-0110 Anthony Jarmoluk 822 Main Street Elk River, MN 55330 822 Main Street Elk River, MN 55330 60 $1,448.40 5 75-405-0130 Anthony Jarmoluk 822 Main Street Elk River, MN 55330 822 Main Street Elk River, MN 55330 60 $1,448.40 6 75-405-0140 2TLC, LLC 11555 205th Avenue Elk River, MN 55330 n/a n/a 7 75-405-0215 First National Bank 729 Main Street Elk River, MN 55330 1729 Main Street 'Elk River, MN 55330 77 $1,646.28 8 75-405-0225 Ronald & Rober Robeck, C/O Robeck's Prop. 724 Main Street Elk River, MN 55330 724 Main Street Elk River, MN 55330 32 $1,122.48 9 75-405-0230 Houlton Investment Company 729 Main Street Elk River, MN 55330 729 Main Street Elk River, MN 55330 49.5 $1,326.18 10 75-405-0235 Houlton W H Estate 729 Main Street Elk River, MN 55330 729 Main Street Elk River, MN 55330 39.5 $1,209.78 11 75-405-0240 City of Elk River P.O. Box 490 Elk River, MN 55330 40 $1,215.60 12 75-405-0245 Cyril Lenzmier, C/O US Bank 708 Main Street Elk River, MN 55330 P.O. Box 64142 St. Paul, MN 55101-0142 161.25 $2,626.95 13 75-405-0250 Conrad & Marion Johnson, Trustee P.O. Box 598 Monticello, MN 55632-0142 50.75 $t ,340.73 14 75-405-0255 Edward & Charlene Barder & M. Foster 905 Oakwood Terrace Champlin, MN 55316 30 $1,099.20 15 75-405-0260 Frank and Judy Galli 22603 159TH Street NW. Elk River, MN 55330 30 $1,099.20 16 75-405-0265 !Keith Holme ~323 Jackson Avenue Elk River, MN 55330 9923 Aetna Avenue Northeast Monticello, MN 55362 50 $1,332.00 17 75-405-0310 'City of Elk River Park P.O. Box 490 Elk River, MN 55330 280 $4,009.20 18 75-405-0320 Bank of Elk River 630 Main Street Elk River, MN 55330 630 Main Street Elk River, MN 55330 94.27 $1,847.30 19 75-405-0340 Bank of Elk River 630 Main Street I Etk River, MN 55330 630 Main Street Elk River, MN 55330 230 $3,427.20 20 75-405-xxxx Bank of Elk River 630 Main Street Elk River, MN 55330 630 Main Street Elk River, MN 55330 111.14 $2,043.67 21 75-405-0410 Robin & M Van Valkenburg 657 Main Street Elk River, MN 55330 12400 Ridgewood Drive Elk River, MN 55330 34 $1,145.76 22 75-405-0420 Michael Rafferty 653 Main Street Elk River, MN 55330 653 Main Street ~EIk River, MN 55330 25 $1,041.00 23 75-405-0430 Paul's Properties 2323 East 25TH Street Minneapolis, MN 55406 30 $1,099.20~ 24 75-405-0440 ECM Publishers, Inc. PO Box 653 Elk River, MN 55330 4095 Coon Rapids Blvd Coon Rapids, MN 55433 54.5 $1,384.381 25 75-405-0450 ECM Publishers, INC. 14095 Coon Rapids Boulevard Coon Rapids, MN 55433 56.5 $1,407.66 26 75-405-0460 First Bank Maple Grove C/O U.S. Bank Corp. Prop. 2800 East Lake St. Lake Minneapolis, MN 55406 100 $1,914.00 27 75-405-0470 Laura Nadeau 612 Main Street Elk River, MN 55330 13063 183rd Avenue Elk River, MN 55330 66 $1,518.24 28 75-405-0505 First National Bank of Elk River 729 Main Street Elk River, MN 55330 729 Main Street Elk River, MN 55330 140 $2,379.60 29 75-405-0510 Houtton Investment Company 729 Main Street Elk River, MN 55330 729 Main Street Elk River, MN 55330 16 $936.24 30 75-405-0515 Jeffrey & Vicki Krueger 14512 County Road 72 Elk River, MN 55330 32 $1,122.48 31 75-405-0520 Houlton Investment Company 729 Main Street Elk River, MN 55330 729 Main Street Elk River, MN 55330 18 $959.52 32 75-405-0525 Houtton Investment Company 729 Main Street Elk River, MN 55330 729 Main Street Elk River, MN 55330 24 $1,029.36 33 75-405-0530 I Houlton Investment Company 729 Main Street Elk River, MN 55330 729 Main Street Elk River, MN 55330 14 $912.96 34 75-405-0535 Houlton Investment Company 729 Main Street Elk River, MN 55330 729 Main Street Elk River, MN 55330 20 $982.80 35 75-405-0555 Van Valkenburg Services 701 Main Street Elk River, MN 55330 701 Main Street Elk River, MN 55330 41.5 $1,233.06 36 75-405-0560 Dennis & Catherine Larsen 12700 206Th Avenue NW. Elk River, MN 55330 24.5 $1,035.18 37 75-405-0565 City of Elk River P.O. Box 490 !Elk River, MN 55330 20 $982.80 38 75-405-0610 831 Main Street Properties 831 Main Street Elk River, MN 55330 831 Main Street :Elk River, MN 55330 66 $1,518.24 O:/PROJl812420J/0564/Asmt Roll 020501 No. TAX ID. NUMBER Property Owner Property Address City, State, Zip Mailin¢ Address Cit State, Foota( ;750/unit + $11.64/front foot 39 75-405-0620 iDouglas Chapel Affiliation 19365 Lander Street NW Elk River, MN 55330 1118 N. 6th St. IMinneapolis, MN 55411-4308 66 $1,518.24 40 75-405-0630 In"an Habib 817 Main Street Elk River, MN 55330 34321 Myrtle Lane Union City, CA 94587 66 $1,518.24 41 75-405-0640 Dares Funeral Service Inc. 805 Main Street Elk River, MN 55330 805 Main Street Elk River, MN 55330 132 $2,286.48 TOTAL 2513.11 $58,500.00 o:/P ROJ/812420JlO564/Asmt Roll 020501 Downtown Sidewalk Replacement Project Informational Hearing Meeting Minutes An informational meeting for the Downtown Sidewalk Replacement Project was held on March 1, 2001 at 6:00 p.m. in Council Chambers at the Elk River City Hall. A list of those in attendance is attached. Terry Maurer, City Engineer, opened the meeting promptly and went over the following topics: the product chosen and placement, assessments, Elk River Municipal Utilities work that will be done in conjunction with the project, what to expect during construction, and timing of the project. An overview of each topic is found below. Product and Placement - The product chosen is manufactured by Borgert. The concrete paver sidewalk will be a cobblestone series placed in a random pattern with the Autumn Blend color. There are three sizes of pavers that will be placed, 3" x 6", 6" x 6", and 6" x 9". The pedestrian ramps will be replaced and will be constructed in the same style currently in place. In addition curb and gutter throughout the downtown area and portions of gray sidewalk on King Street will be replaced as needed. Phil Hals, Elk River Street Superintendent, is currently investigating replacing the existing tree grates with either new grates or possibly planters. No decisions have been reached at this time and are dependent on budget constraints. Assessments - The total project cost is approximately $290,000, of which $58,500 will be assessed. The assessments will be approximately $1,500 per unit but will be assessed based on unit and front footage. Those with one unit and 60 feet of front footage will be assessed $1,500. Property owners with less footage will receive a smaller assessment and visa versa. A unit is a piece of property that has a unique property identification number. The public hearing and assessment hearing will be held on March 19, 2001. Elk River Municipal Utilities (ERMU) Construction - In conjunction with this project ERMU will be burying overhead power lines and conduit. Lines that currently feed the buildings will remain in place. If the property owner would like to bury their individual power line it would be done at the expense of the property owner. What to Expect during Construction - The Sidewalk Contractor will remove the existing sidewalk between the curb and the buildings for one block. ERMU's Contractor will then bury the power lines and conduit within the sidewalk area. The Sidewalk Contractor will then place the pavers on a recommended base. The Sidewalk Contractor will remove the existing sidewalk on another block while ERMU's Contractor is working on a different block so construction can move smoothly with minimal downtime to either contractor. The Sidewalk Contractor will place a wooden structure or platform from the curb to the door while the sidewalk work is being completed in front of each business. Disruption to area businesses will be kept to a minimum. It will be necessary to post no-parking signs on blocks where construction is taking place. Due to limited number of parking stalls this will be kept to a minimum. It is still being discussed where the Contractor's will store equipment and materials. A location will be determined that does not add to the disruption to businesses, but is in close proximity to the construction. Timing of the Project - The Sidewalk Contractor can lay approximately 2000 square feet of pavers a day depending on weather. It will take about two months to complete the project with the addition of the burying of the overhead lines and replacement of curb and gutter and gray sidewalk. An early start date will be conducive to Iow bids and will allow ERMU to place their upgraded lines before the extra capacity is needed. After the introduction Terry Maurer opened the meeting up for questions. They were as follows: Question: Will there be down time for businesses? Response: Wooden ramps will be installed to allow access to businesses at all times. Question: The transformer or lines to the buildings will be left unless the owner chooses to bury them? Response: That is correct. Question: Can the owner of the building choose to bury their service at any time? Response: That is correct. It was recommended that if several businesses choose to bury their lines they attempt to coordinate the work in order to receive a lower bid. Question: Will one block be ripped up at a time? Response: In order for both contractors to continue to work at all times it might be necessary to disturb two blocks so that either contractor may be working on a different block at the same time. Question: Will the driveways be paver blocks? Response: Yes, this product has been used for crosswalks in several cities and as street pavement in Duluth and is capable of carrying heavy traffic. Question: Will Northstar be adding lines in conjunction with this project? Response: We have been in contact with Northstar and they have expressed interest in adding lines in conjunction with the project. Every effort will be made to facilitate this in order to prevent future disruption to the downtown area. Question: Will U.S. West or other private utilities be doing any work? Response: We have informed all of the small utilities of the project and notified them of the opportunity to place additional or new lines. Question: Where have these pavers been placed? Response: These pavers have been placed in downtown Stillwater, St. Cloud, and Hopkins. Question: Was the chief complaint of the old sidewalks that they were hard to shovel and walk on? Response: There have been no claims made due to the existing sidewalk although there have been some complaints. The new paver sidewalk will have sand placed between the groves which should eliminate some of the problem. Question: What happens if the pavers settle? Response: The sidewalk is within the public right-of-way. If the sidewalk settles the City will repair that portion of the sidewalk. The subgrade will be tested prior to placement of the pavers to try to eliminate that from happening. Question: Has the existing sidewalk held up as long as it should have? Response: The existing sidewalk did deteriorate before its expected life cycle. At this point in time the City would throw a lot of money at trying to assess blame between the supplier and the contractor. The City has decided that rather than trying to do that they would accept responsibility and repair the sidewalk. With ERMU burying the overhead power lines and with the construction of the new building at Main Street and King Street this is the opportune time to replace the sidewalk. Question: Will we be buying the pavers from the manufacturer and will this be an open bid situation? Response: No we will not. The manufacturer has informed us that they have an ample supply and the Contractor should have no problem placing an order of this size. Question: Will the sidewalk project be completed before Art Soup? Response: Every effort will be made to compete the project before Art Soup. If there are weather delays then the downtown area will be restored to the best of the Contractor's ability and construction will resume after Art Soup. Question: Will parking restrictions be kept to a minimum? Response: Every effort will be made to keep the disruption to the downtown area to a minimum. Weekly construction meetings will be held to ensure proper coordination. With no further questions the meeting was closed. Howard R, Green Company' CONSULTING ENGINEERS ~.NFOR~A TIONAL HEAR'rNa, Name (Print) Mailin~ Address/Zip Phone No. ~\\~ ~¢% ~/~ ~J S~, ~,"~;,~~- " PRO,TECT NAME: Downtown Sidewalk Replacement Project CTTY OF: Elk River DATE OF MEETTN&: 6:00 p.m., Thursday, March 1, 2001 RESOLUTION 01 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE DOWNTOWN SIDEWALK REPLACEMENT IMPROVEMENT OF 2001 WHEREAS WHEREAS a public hearing relating to the Downtown Sidewalk Replacement improvement was held before the Elk River City Council after ten days mailed notice and two weeks published notice of the hearing was given; and the City Council has duly considered the Feasibility Report and those matters presented at the public hearing by those persons desiring to be heard on the matter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: The Downtown Sidewalk Replacement improvement is hereby ordered as recommended in the Feasibility Report dated February 22, 2001. Howard R. Green Company is hereby designated as Project Engineer for this improvement. The Project Engineer is directed to prepare plans and specifications for the making of the improvement and the solicitation of competitive bids. Passed and adopted this 19th day of March, 2001. ATTEST: Stephanie A. Klinzing, Mayor Sandra A. Peine, City Clerk O:\PROJ\812420j\0030\RESOLUTIONS 3-13-01 .doc RESOLUTION 01 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE DOWNTOWN SIDEWALK REPLACEMENT IMPROVEMENT OF 2001 WHEREAS pursuant to Resolution 01 - , the Project Engineer has prepared plans and specifications for the Downtown Sidewalk Replacement improvement, which plans and specifications have been reviewed by the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: Such plans and specifications, a copy of which is attached hereto and incorporated herein by this reference, are hereby approved. The City Administrator shall prepare and obtain the publication of an advertisement for bids for the making of the improvement pursuant to the attached plans and specifications. The advertisement shall be published once each week for three consecutive weeks, shall specify the work to be done, and shall state that the bids will be received by the City Administrator until 10:00 a.m. on Thursday, April 12, 2001, at which time the bids will be publicly opened in the Council chambers of the City Hall by the City Administrator and the Project Engineer and will then be tabulated for consideration by the City Council at a meeting thereof at 6:00 o'clock p.m. on Monday, April 16, 2001, in the City Council chambers at City Hall. No bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Administrator in the amount of 5% of the amount of such bid. Passed and adopted this 19th day of March, 2001. ATTEST: Stephanie A. Klinzing, Mayor Sandra A. Peine, City Clerk O:\PROJ\812420j\0030\RESOLUTIONS 3-13-01 .doc RESOLUTION 01 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL 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 Downtown Sidewalk Replacement 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: 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. 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 6.5% over a period of three or five years. 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. 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 19th day of March, 2001. ATTEST: Stephanie A. Klinzing, Mayor Sandra A. Peine, City Clerk O:\PROJ\812420j\0030\RESOLUTIONS 3-13-01 .doc