HomeMy WebLinkAbout2010-09-15 PACKET 04.M.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 9/15/2010
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Fi nance and Administrative Service
ORIGINATING DEPARTMENT
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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 hazardous conditions at 8069 71 Street Court South.
2. Consider calling a hearing on the proposed assessment for the removal of hazardous
conditions at 8069 71S Street Court South.
STAFF RECOMMENDATION
1. Adopt the resolution declaring costs to be assessed and ordering the preparation of the
proposed assessment roll for the removal of hazardous conditions at 8069 71 Street Court
South.
2. Adopt the resolution_ calling a_ hearing on the proposed_ assessment for the _removal _of
hazardous conditions at 8069 71 Street Court South.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
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DATE REVIEWED
APPROVED
DENIED
❑ 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
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ADMINISTRATORS COMMENTS
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City Administrator Date
COUNCIL ACTION TAKEN: [ ❑ DENIED ❑ OTHER
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City of Cottage Grove
Finance and Community Development Departments
Honorable Mayor and City Council
Ryan Schroeder, City Administrator
Howard Blin, Community Development Director '
Robin Roland, Finance Directo
September 15, 2010
•9
Assessment of Charges for Removing Hazardous Conditions on Private Property
Introduction
Minnesota State Statute 463 provides cities the ability to assess the costs associated with the
removal or elimination of public health or safety hazards from private property. Recently there
was a property that the City was required to clean -up due to public health and safety. The
property is located at 8069 71 Street Court South and owned by Joanne M. Bader according to
County records. _
Discussion
Council approved on 5/5/2010 the abatement of the above property due to accumulation of
material and animal feces within the property that the City had been working with the property
owner to clean -up. The City then completed the abatement because the property owner failed
to do so.
The City incurred costs for the clean -up of this property in the amount of $12,143.40 and
invoiced the property owner for these costs. The owner has not paid the invoice so staff is
recommending that these costs be assessed to the property per MN Statute 463. In addition to
the above charge, the City will incur $121.40 to publish the assessment notice and $4.00 for
placing the assessment on the tax roll. Therefore, an assessment of $12,268.80 is
recommended.
The assessment notice will be published on September 22, 2010, and an individual notice will
be sent to the property owner. 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.
RESOLUTION NO. 10 -XXX
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT ROLL FOR
REMOVAL OF HAZARDOUS CONDITIONS FROM PRIVATE PROPERTY
LOCATED AT 8069 71 STREET COURT SOUTH
WHEREAS, contracts were let for the removal of hazardous conditions from private
property located at 8069 71 Street Court South. The costs incurred for such removal were
$12,143.40 with additional_ publishing fees of $121.40 and county fees of $4.00.
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 $12,268.80.
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
RESOLUTION NO. 10 -XXX
RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR
REMOVING DEBRIS FROM PROPERTY LOCATED AT 8069 71 STREET COURT SOUTH
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
removing debris from property located at 8069 71 Street Court South 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 6th 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. The Finance Director shall
cause mailed notices to be given to the owner of each parcel described in the
assessment roll.
Passed this 15th day of September, 2010,
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
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WHEREAS, Joanne M. Bader ( "Owner ") owns property commonly known as 8069 71
Street Court South (the "Property "), located in the City of Cottage Grove ( "City "); and
WHEREAS, Owner maintains unsafe and unsanitary conditions on the Property in
violation of City Code Title 9 -1 -2; and
WHEREAS, the accumulation of material within the property is found to create a
hazardous condition to any occupants to promote blight, to attract rodents, and otherwise
adversely affect the surrounding residential neighborhood; and
WHEREAS, the presence of excessive amounts of animal feces, and urine saturated
carpet is found to pose a significant threat to the safety of the occupants, and
WHEREAS, the property was deemed a health and safety hazard to occupants and
posted as condemned on May 5,2010; and
WHEREAS, the Cottage Grove City Code Title 9 -1 -2 declares such unsafe premises to
be a public nuisance that may be abated pursuant to Cottage Grove City Code Title 4, Chapter
1; and
WHEREAS, the Cottage Grove City Code, Section 4 -1 -6, provides that the City may
order the Director of Public Works to abate a nuisance upon 10 days notice to the property
owner. The costs of abating the nuisance are to be billed to the owner and, if not paid,
assessed as a special tax and certified to the owner's property taxes.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, as follows:
1. As described above, the conditions at the Property constitute a "nuisance" within
the meaning of Cottage Grove City Code Titles 9 -1 -2 and 4 -6 -1.
2. This Resolution shall be served upon the Owner by certified mail.
3. By this Resolution, the City provides public notice of its intent to abate nuisance
conditions maintained at 8069 71 Street Court South in the City of Cottage
Grove in the exercise of the City's police powers. The City assumes no liability or
obligation for any damage, destruction, or loss of property located at 8069 71
Street South resulting from the abatement of nuisance conditions on the
property.
4. If the owner does not abate the nuisance conditions within ten (10) days after
service and publication of this Resolution, as determined by the Community
Kesojution No. ZU U -Ubd
Page 2 of 2
Development Director, the Director of Public Works, and such other staff as
necessary shall abate and eliminate the nuisance conditions.
5. City staff shall keep a record of the cost of abatement and shall certify such
amount to the Council. Thereafter, the Finance Director shall prepare a bill and
mail it to the property owner for payment. In the event payment is not received
within thirty (30) days, the City Clerk shall assess the costs by certifying the
amount thereof to the County Auditor.
Passed this 5th day of May, 2010.
yron Bail o
Attest:
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CITY OF COTTAGE GROVE
WASHINGTON COUNTY, MINNESOTA
PROPOSED ASSESSMENTS FOR
806971 ST STREET COURT SOUTH (PROPERTY ID 09.027.21.22.0017)
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: Removal of Hazardous Conditions
It is proposed to assess all of the lots and parcels benefited by said action.
The total amount to be assessed is $12,268.80
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 a person 65 years of
age or older, or retired by virtue of a permanent and total disability who can demonstrate hardship.
The homeowner shall make application for deferred payment on the forms prescribed by the county
auditor. 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 M. Stransky
City Clerk