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ITEM 3.5 Resolution 14-76IV otS11.1= O MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Finance Dan Jordet, ASD November 24, 2014 PRESENTER(s): REVIEWED BY: ITEM #: Dan Jordet, ASD Lori Johnson, CA 3.5 AGENDA ITEM DETAILS RECOMMENDATION: It is recommended that eight properties be removed from the assessment roll of properties with unpaid utilities which was adopted on October 13, 2014. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No I No BACKGROUND/JUSTIFICATION: When assessments were certified by Resolution 2014-66 on October13, 2014 to those properties having overdue utility bills as of September 16, 2014 there were 25 properties removed from the list. Staff had discovered, with the urging of an affected citizen, that those 25 properties were not overdue by the 30 days delineated in the assessment letter sent to property owners on the list. Following that discovery, further investigation of the situation revealed that the current ordinance, amended in 2012, was not the one being used to determine overdue status of accounts for assessment. Staff had been using the 2007 ordinance which was posted on the City's website in the Utility Billing section to determine the criteria for overdue accounts to be assessed. When the 2012 ordinance amendments, posted on the website under the City Code section, were used to determine the properties subject to assessment of unpaid utilities, it was discovered that S additional properties should not have been included in the list. The attached resolution removes those properties from the assessment roll so that the correct properties and amounts may be forwarded to Wright County on November 26, 2014. Additionally, each of those accounts will be credited for the $ 100.00 administrative fee charged at the time of the assessment certification by Resolution 2014-66. In total, 33 properties were affected by recalculation of overdue utilities using the proper version of the utility billing ordinance. Each of those properties will receive a letter explaining the mistake, informing them of credit, where applicable, and apologizing for the mistake. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Move to adopt Resolution 2014-76 rescinding assessments for unpaid utility bills. BUDGET INFORMATION FUNDING: Not applicable ACTION TAKEN BUDGETED: ❑ YES ❑ NO X NOT APPLICABLE ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2014-76 RESOLUTION RESCINDING ASSESSMENT FOR UNPAID UTILITY BILLS WHEREAS, pursuant to City of Otsego Resolution 2014-66, one hundred fourteen properties were assessed for unpaid utility bills which were thought to be overdue and unpaid by more than the time specified in City Ordinance; and WHEREAS, eight of the properties in the adopted assessment list as of November 20, 2014 were discovered to be overdue but by less time than indicated in the City Ordinance and should not have been included in the assessment list; and WHEREAS, removal of those properties fromteh assessment listing requires action by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA THAT: The following properties and amounts shall be removed from the assessment prior to certification of the assessment list to Wright County: Customer # Name Tax Parcel Amount 11450-03 Shelbitschka, Nicolas 118-083-002150 $ 140.77 11860-01 Arp, Lisa 118-088-002130 $ 112.89 12350-02 Stevens, Michael J 118-070-002050 $ 159.03 12480-03 Nelson, Justin 118-073-003010 $ 123.71 19260-01 Oelschlager, Christine 118-087-006060 $ 94.07 24910-03 Kpedua, Monica 118-188-001290 $ 102.64 28570-03 Gallup, Ashley 118-197-002020 $ 112.00 35660-01 Smith, Tom & Ashley 118-190-003130 $ 120.18 and that the accounts corresponding to said properties be credited for the $ 100.00 administrative charge for assessment of unpaid utilities. ADOPTED by the Otsego City Council this 13th day of October, 2014 MOTION made by Councicl Member and SECONDED by Council Member IN FAVOR: OPPOSED: ATTEST: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City CLerk