HomeMy WebLinkAbout2010-09-15 PACKET 04.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 9/15/2010
PREPARED BY Finance Department Robin Roland
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
1. Consider declaring costs to be assessed and ordering the preparation of the proposed
assessment roll for the removal of noxious weeds and plants from private property.
2. Consider calling a hearing for October 6, 2010, on the proposed assessment for the removal
of noxious weeds and plants from private property.
STAFF RECOMMENDATION
1. Adopt the resolution declaring costs to be assessed and ordering the preparation of the
proposed assessment roll for the removal of noxious weeds and plants from private property.
2. Adopt the resolution calling a hearing for October 6, 2010, on the proposed assessment for
the removal of noxious weeds and plants from private property.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT
ADVISORY COMMISSION ACTION
DENIED
DATE
REVIEWED
❑ PLANNING
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❑ PUBLIC SAFETY
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❑ PUBLIC WORKS
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❑ PARKS AND RECREATION
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❑ HUMAN SERVICES /RIGHTS
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❑ ECONOMIC DEV. AUTHORITY
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❑
SUPPORTING DOCUMENTS
❑ MEMO /LETTER:
® RESOLUTION:
❑ ORDINANCE:
ADMINISTRATORS COMMENTS
FUNDING SOURCE
APPROVED
DENIED
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to o
City Administrator Date
COUNCIL ACTION TAKEN: (RR"APPROVED ❑ DENIED ❑ OTHER
City of Cottage Grove
Finance and Community Development Departments
TO: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: Robin Roland, Finance Director
DATE: September 15, 2010
RE: Assessment of Removal of Weeds on Private Property
Introduction
City Ordinance 4-3-1 (Noxious Weeds and Plants; height restrictions) states that it is unlawful to
allow or permit any growth of weeds, grass, brush, or other rank vegetation to a height greater
than eight inches, or any accumulation of dead weeds, grass or brush. The City was required to
contract for the removal of these conditions on several properties in 2010 and Minnesota State
Statute 429.101 provides cities the ability to assess the costs associated with the removal or
elimination of weeds from these private properties.
Discussion
In 2010, the Code Enforcement Officer issued 133 letters to property owners for violations of the
City's Noxious Weeds and Plants; height restrictions ordinance. In 2009, the number of notices
issued was 45 and the difference is due to dry weather conditions through the first two months
of the summer of 2009 which did not create problems with grass and weed violations. The
property owner was given ten days to abate the conditions or the City would do so and assess
the property owner for the cost of the mowing and an abatement fee.
In 23 of these instances, the property owner did not abate the conditions. Twenty of these
properties are currently vacant. The City contracted with a vendor to have these properties
mowed. This assessment is for the actual cost of the mowing and a tall weed abatement fee
which is charged as follows:
o $50.00 for first violation in 24- months
o $100.00 for second violation in 24- months commencing within first violation
o $200.00 for third and subsequent violations in 24- months commencing within first
violation
The assessment notice for these weed violations will be published on September 22 nd , and an
individual notice will be sent to the property owners. The assessment hearing will be held on
October 6, 2010. Once these costs are assessed it becomes a lien on the property that will be
collected along with property taxes over a one -year period.
Adopt the resolutions as presented to declare the costs and call the assessment hearing.
I a *IQ ILJ 1100 Nil Eels
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT ROLL FOR REMOVAL OF NOXIOUS
WEEDS AND PLANTS FROM PRIVATE PROPERTY
WHEREAS, contracts were let for the removal of noxious weeds and plants from
private property and the costs incurred for such removal were $2,591.73, with administrative
costs incurred amounting to $2,400.00 for a total cost of $4,991.73.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove,
County of Washington, State of Minnesota, as follows:
1. The net cost of such removal to be assessed is declared to be $4,991.73.
2. The Finance Director will calculate the proper amount to be assessed for such
improvements against the benefiting property without regard to cash valuation as
provided by law and shall file a copy of proposed assessment roll in the City
Clerk's office for public inspection.
3. The City Clerk shall, upon completion of such assessment roll, notify the City
Council therefor
Passed this 15 day of September 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
Izi**7Rly11[0P.Ikq [NM[�D��/
RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR
THE REMOVAL OF NOXIOUS WEEDS AND PLANTS FROM PRIVATE PROPERTY
WHEREAS, by Resolution 10 -XXX, passed by the City Council on September 15, 2010,
the Council directed the Finance Director to prepare the proposed assessment roll for removal
of noxious weeds and plants from private property and
WHEREAS, the City Clerk has notified the Council that such assessment roll is com-
plete and filed in her office for public inspection.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
County of Washington, State of Minnesota, as follows:
1. A hearing shall be held on the 6 day of October, 2010 at 7:30 p.m. to pass upon
such proposed assessment roll.
2. The Finance Director is hereby directed to cause a Notice of Hearing on the pro-
posed assessments to be published in the Washington County Bulletin, the offi-
cial newspaper of the City, at least two (2) weeks prior to the hearing and shall
state in the notice the total cost of the improvement and the proposed interest
rate of 7 percent. The Finance Director shall cause mailed notices to be given to
the owner of each parcel described in the assessment roll.
Passed this 15 day of September 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
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CITY OF COTTAGE GROVE
WASHINGTON COUNTY, MINNESOTA
PROPOSED ASSESSMENTS FOR
WEED ORDINANCE VIOLATIONS
Notice is given that the City Council of Cottage Grove, Minnesota will meet in the City Council Chambers, 7516 80th Street
South, Cottage Grove, MN at 7:30 p.m. on October 6, 2010 to consider the proposed assessment for improvements to
certain tax parcels of real estate pursuant to Minnesota Statute 429.061 as follows:
Project Name: Weed Ordinance Violations
It is proposed to assess all of the lots and parcels benefited by said action which includes weed removal per ordinance 4-
3-1 and 4 -3 -2.
The total cost per lot is:
09.027.21.110028
162.22
10.027.21.33.0089
167.56
16.027.21.24.0036
274.81
09.027.21.21.0013
151.53
10.02721.43.0187
151.53
16.027.21.33.0038
124.81
09.02721.21.0013
185.50
15.02721.21.0025
130.16
17.027.21.13.0012
130.16
09.0272123.0007
140.84
15.027.21.21.0051
151.53
17.027.21.110012
180.16
09.027.21.210029
66.03
15.027.21.21.0051
206.88
18.027.21 A 1.0041
151.53
09.027.21.31.0016
185.50
15.027.21.31.0087
201.53
18.027.2124.0102
201.53
09.027.21.31.0052
301.53
15.027.21.31.0087
280.16
22.027.21.22.0065
151.53
09.027.21 Al .0022
146.19
16.027.21.14.0054
130.16
22.027.21.23.0062
151.53
09.027.21.44.0052
114.13
16.027.21.22.0023
130.16
22.027.21.23.0062
196.19
10.027.21.21.0188
124.81
16.02721.24.0036
301.53
The proposed assessment rolls are now on file for public inspection at the Clerk's Office, 7516 80th Street South, Cottage
Grove, Minnesota. Written and oral objections will be considered at the hearing.
No appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property
owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing.
An owner may appeal an assessment to the District Court pursuant to Minnesota Statute 429.081, by serving notice of the
appeal upon the Mayor or the Clerk of the City within 30 days after the adoption of the assessment and filing such notice
with the District Court within ten days after service upon the Mayor or Clerk.
Under Minnesota Statutes, Section 435.193 to 435.195, the Cottage Grove City Council may defer the payment of the
special assessments for any homestead property owned by any person sixty five (65) years of age or older, retired by
virtue of a permanent and total disability, or owned by a person who is a member of the Minnesota National Guard or other
military reserves who is ordered into active military service, as defined in Minnesota statue 190.05, subdivision 5b or 5c, as
stated in the person's military orders, for whom it would be a hardship to make the payments. The option to defer the
payment of special assessments shall terminate and all amounts accumulated plus applicable interest, shall become due
upon the occurrence of any of the following events: (a) the death of the owner, provided that the spouse is otherwise not
eligible for the benefits hereunder; (b) the sale, transfer, or subdivision of the property or any part thereof; (c) if the property
should for any reason lose its homestead status; or (d) if for any reason the taxing authority deferring the payments shall
determine that there would be no hardships to require immediate or partial payment.
Dated this 22 day of September, 2010.
BY ORDER OF THE COTTAGE GROVE CITY COUNCIL
s /Caron Stransky
City Clerk