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**Item 3.4.** <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Mayor and City Council <br /> <br />FROM: <br /> <br />Lori Johnson, Finance Director <br /> <br />DATE: <br /> <br />September 23, 2002 <br /> <br />SUBJECT: Ross and Kay Bengston Sewer Backup Special Assessment <br /> Request Update <br /> <br />On August 26 the Council approved a reimbursement of $500 to Ross and Kay Bengston to <br />cover a portion of the costs they incurred due to a sewer backup. The Council also approved <br />reimbursing the remaining $4,300 and levying a special assessment to recapture the costs if <br />staff determined that the assessment was legal. <br /> <br />Minnesota Statute Chapter 429 states that local improvements and certain current services <br />may be assessed to the benefiting property owner as long as all of the other requirements of <br />the statute have been fulfilled. Certain current service assessments require that the city has <br />adopted an ordinance providing that these services are the property owner's responsibility and <br />that the city may assess for certain costs. Sewer backup cleanup costs are not local <br />improvements and are included as assessable current services. Therefore, the sewer backup <br />costs incurred by Ross and Kay Bengston are not assessable. <br /> <br />Given the above interpretation, the $4,300 requested by Ross and Kay Bengston will not be <br />assessed to their property. The $500 deductible payment has been paid as approved by the <br />Council. <br /> <br />Action Requested <br />No action is required on this item as the costs are not assessable. <br /> <br />s: \council\lori\bengupd.doc <br /> <br /> <br />