HomeMy WebLinkAbout2010-09-15 PACKET 04.N.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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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 8542 Grospoint Avenue South.
2. Consider calling a hearing on the proposed assessment for the removal of hazardous
conditions at 8542 Grospoint Avenue 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 8542 Grospoint Avenue
South.
2. Adopt the resolution calling a hearing on the proposed_ assessment for the removal of
hazardous conditions at 8542 Grospoint Avenue South.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION
SUPPORTING DOCUMENTS
® MEMO /LETTER:
® RESOLUTION:
❑ ORDINANCE:
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COUNCIL ACTION TAKEN: / APPROVED ❑ DENIED ❑ OTHER
DATE REVIEWED APPROVED
DENIED
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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:
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COUNCIL ACTION TAKEN: / APPROVED ❑ DENIED ❑ OTHER
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City of Cottage Grove Memo
Finance . • Community Development Departments
TO:
Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: Howard Blin, Community Development Director
Robin Roland, Finance Director
DATE: September 15, 2010
RE: 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 8542 Grospoint Avenue South and owned by John and Lisa Wolter
according to County records.
Discussion
Council approved on 2/17/2010 the abatement of the above property due to exterior storage
violations that the City had been working with the property owner to clean -up. The City then
completed the abatement because the property owners failed to do so.
The City incurred costs for the clean -up of this property in the amount of $315.00 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 $440.40 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 8542 GROSPOINT AVENUE SOUTH
WHEREAS, contracts were let for the removal of hazardous conditions from private
ty located at 8542 Grospoint Avenue South. The costs incurred for such removal were
10 with additional publishinq 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 $440.40.
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
8542 GROSPOINT AVENUE 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 8542 Grospoint Avenue 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 6 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 15 day of September, 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
WHEREAS, John and Lisa Wolter ( "Owner ") own property commonly known as 8542
Grospoint Avenue South (the "Property "), located in the City of Cottage Grove ( "City "); and
WHEREAS, Owner maintains nuisance conditions on the Property in violation of City
Code Title 11 -6 -2A; and
WHEREAS, the accumulation of material on the Property is found to create an unsightly
condition tending to reduce the value of real property, to create safety hazards, to promote
blight, to attract rodents, and otherwise adversely affect the surrounding residential
neighborhood; and
WHEREAS, a letter was sent to the Owner on February 3, 2010, with notice to bring the
Property into compliance; and
WHEREAS, the Cottage Grove City Code Title 11 -6 -2A declares the presence and
accumulation of excessive amounts of exterior storage, other than those items listed in Title
11 -6 -2B, 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 11 -6 -2A 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 8542 Grospoint Avenue 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 8542
Grospoint Avenue 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
Resolution No. 2010 -022
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 17th day of February 2010.
Myron Bai , or
Attest:
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CITY OF COTTAGE GROVE
WASHINGTON COUNTY, MINNESOTA
PROPOSED ASSESSMENTS FOR
8542 GROSPOINT AVENUE SOUTH (PROPERTY ID 18.027.21.41.0023)
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 $440.40
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 °d day of September 2010.
BY ORDER OF THE COTTAGE GROVE CITY COUNCIL
s /Caron M. Stransky
City Clerk