CR 94-44 AH 1711 1st N
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., March 7, 1994 0 P K \ .,:.. Council Report 94-44
ASSESSMENT HEARING
SERVICE UTILITIES - 1711 FIRST STREET NORTH
Proposed Action.
staff recommends adoption of the following motion: Move that
Council adopt Resolution 94-23. Resolution for Adoption of
Assessment Roll. Service utilities 1711 First street North,
proiect 91-15.
Adoption of this resolution closes the assessment phase of this
project.
Overview.
The proposed special assessments are for private sanitary sewer
and water main service utilities at 1711 First street North.
Installation of services was prompted by an encroaching septic
system onto neighboring property at 101 - 18th Avenue North.
Project cost sharing was an issue successfully resolved through
mediation. Final costs have been tabulated and hearing notices
and assessment statements have been mailed to the property
owners.
primary Issues to Consider.
. 0 Assessment amounts
Refer to attached assessment statements and assessment
computation worksheet. Note the City's share of project
costs at $4,091.79.
o Appeals
Residents are given the opportunity to approach Council with
their appeals during the public hearing. standard appeal
forms have been available at city Hall. No appeals have
been submitted to date of this writing.
o staff recommendation
staff recommends adoption of the assessment roll in the
amount of $5,602.00. The individual assessment amounts fall
within the cost share amounts as envisioned in the mediation
agreement and the property owner petition forms.
SUD~ortinq Information
o Notice of Assessment Hearing
o Affidavit of Mailing
o Mediation Agreement and Petitions
o Assessment Worksheet
o Assessment statements (Roll)
o Resolution 94-23
· JQ:::e:::-
Engineering Superintendent
. CITY OF HOPKINS
Hennepin County, Minnesota
NOTICE OF ASSESSMENT HEARING
NOTICE IS HEREBY GIVEN that the City Council of Hopkins,
Minnesota, will meet in the Council Chambers of the Hopkins City
Hall, 1010 1st street South, Hopkins, Minnesota at 7:30 p.m. on
Tuesday, March 15, 1994, to pass upon the proposed special
assessments of costs for the installation of private water and
sanitary sewer services at 1711 First street North. The amount
to be assessed is $5,602.00.
All persons who wish to be heard, or to object with
reference to this matter may present their cases at this hearing
either orally or in writing. No appeal may be taken as to the
amount of any assessment adopted unless a written objection
signed by the property owner is filed with the Assessment Clerk
prior to the assessment hearing or presented to the presiding
officer at the hearing. Appeals are due by the hearing date on
March 15, 1994. The City Clerk strongly recommends that appeals
be submitted to the Assessment Clerk's office by March 7, 1994.
. Appeal forms will be available at the assessment hearing or at
the Assessment Clerk's office at the Hopkins City Hall, 1010 1st
street South, Hopkins, Minnesota.
An owner may appeal an assessment to district court pursuant
to MSA section 429.081 by serving notice of the appeal upon the
Mayor or city Clerk of the City of Hopkins within thirty (30)
days after the adoption of the assessment and by filing such
notice with the district court within ten (10) days after service
upon the Mayor and City Clerk.
Under provisions of Minnesota statutes section 435.193 to
435.195 the City may, at its discretion, defer the payment of
assessments for any homestead property owned by a person 65 years
of age or older for whom it would be a hardship to make the
payments. The procedures to apply for such deferment are
available from the Assessment Clerk. Deferment applications
should be submitted to the Assessment Clerk by March 7, 1994.
The following information shall also apply:
1. The property owner shall have the right to prepay the
entire assessment. Your assessment may be paid without interest
from March 15, 1994 to April 14, 1994, to the Assessment Clerk at
City Hall, 1010 1st street South, Hopkins, Minnesota. You may at
any time thereafter, pay to the Assessment Clerk the entire
e amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. such
payment must be made by November 29, 1994 or interest will be
charged through December 31 of the succeeding year.
. 2. Partial prepayment of the assessment in excess of 25
percent of the total assessment has been authorized by ordinance.
A partial prepayment can only be made prior to November 29, 1994
with interest accrued to the payment date, except that no
interest shall be charged if such partial payment is made by
April 14, 1994.
3. In the case where accrued interest applies, the rate of
interest to be accrued, if the assessment is not prepaid within
the required time period, is proposed to be 3 percent commencing
on the date of adoption by the City Council.
4. The amount to be specially assessed against your
property is shown on the statement of assessment sent to you by
ma i l.
This is an important hearing because this is your last
opportunity to be heard on the matter of this assessment which
affects your property. If you have any questions regarding this
assessment, please call the Engineering Department or the
Assessment Clerk at 935-8474.
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~m~s A. Genellie, City Clerk
City of Hopkins, Minnesota
V
Publish in Hopkins Sailor, Hopkins, Minnesota
February 23 and March 2, 1994
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. AFFIDAVIT OF MAILING ASSESSMENT HEARING NOTICE
STATE OF MINNESOTA )
) SS.
COUNCIL OF HOPKINS )
James A. Genellie, being first duly sworn, deposed and says:
I am a united States citizen, over 21 years of age, and the City
Clerk of the city of Hopkins, Minnesota.
On February 23, 1994, acting on behalf of the said city, I
deposited in the United states Post Office at the city of
Hopkins, Minnesota, copies of the attached notice of hearing on
proposed assessments for installation of private water and
sanitary sewer services at 1711 First street North, enclosed in
sealed envelopes, with postage thereon fully prepaid, addressed
to the following persons at the addresses appearing on the
attached copy of the mailing list.
There is delivery service by united States mail between the place
~ of mailing and the places so addressed.
c:;:;
Signature
Subscribed me this 23rd day of February,
1994.
~ot~y ~
G.Jto;;::., JAMES T. GESSElE I
. .'~ NQIAIY PUBlIC_MINN~50TA
. ..' ~i HENNEPIN COUNTY
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WEST SUBURBAN MEDIATION CENTER PHONE: 933-0005
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MEDIATION AGREEMENT
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ON 10 / ) '1( Ie; 3' the following parties:
I (date) .
Initiating Party(s):. fV!,.hA. ~..r.--e 1/ ~
Second Party(s): ~,...a ~. ~~ 0/1.6
Other interested parties: Cft- i ~4'j~ .
participated in the mediation ~sio whic took place at: ~ ~
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Mediators for the session were: ~ Pr-~ d ~. ~~____
Th~ture of the complaint was:
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Signed by: ,I, / ~~~ 11
~kk~_g .~~~__1P--ez-J.L_-_e___ &tIL~~--LJJj;;;..J~(~--___~~_!.B'Ai.__
(signature) /1 ~ (date) (signature) ~ (date)
~~I~~______~tJiq;63____ ~__-:_~~______.!.~~jJ~__
. ~ure) f2L- (date) (.ig~) (date)
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(signature of Mediator) (date) f:1gnature of Medi (dale)
All parties agree that all proceedings will be held in strict confidence.
White Copy/Office 9/87
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. CITY OF HOPKINS
PETITION AND WAIVER BY PROPERTY OWNER(S)
Kathryn and Philip Gonzalez. hereinafter call the property
owner(s), state that they have ownership interest in property at
101 18th Avenue North. Hopkins, Minnesota, more particularly
described as:
The west 100 feet of Lot 16 and the west 100 feet of that
part of Lot 17 lying south of the north 10.96 feet thereof,
Block 9, West Minneapolis Third Division, according to the
recorded plat thereof.
Said Property owners (s) hereby petition the city of Hopkins to
make the arrangements necessary to:
subject to the terms of a mediation agreement reached on
October 18, 1993, install a sanitary sewer service and water
service line to the property at 1711 1st Street North and I c/~~
place the costs of the petitioner's agree to share of the jC/:19/S0/ (
. project as a special assessment against their property. The jrnG~O
agree to cost are for the following project elements:~~ d' \QC
fill and disconnect an existing septic tank; ~(Wc n ~ePMen:l-
~ a1=<; I5' .,Lc"-lOt ~~~~saiS: etitioners agree to a shareC>t h;V~c.
~- not to exceed ' ;j -'. 0 est~mate + 10%). The }/'-;;;:-Je'
petitioners understand h~' 1i~ essment is for a ten-year jq.
period a 3% per annum. \XoCo \'h..."i~7 _ .u
){)r' .cf)-rf a q - :T2
Property owners(s) hereby waive any right to notice or objection
to sad improvement as provided in Chapter 429 of the Minnesota
statutes and any other provision of f municipal or state law
providing for notice or objections. Property owner(2) understand
that he aforesaid property will be assessed for ht cost for the
aforesaid work.
witness our hands to this agreement that we have read and fully
understand this agreement ang consent thereto this
day of OrlA I ;;)q , 19l1.
s~ed: Witnesseth:
,,-iltr -(rJ. }j1)Zj,:~O O~ JL"" -::(' Jl.,~_,
propert Owner Wltness
. ~O,'R,lo q)~
propett.y wner Witness
. CITY OF HOPKINS
PETITION AND WAIVER BY PROPERTY OWNER(S)
Grace A. Kline, hereinafter call the property owner ( s) , state
that they have ownership interest in property at 1711 First
Street North. Hopkins, Minnesota, more particularly described as:
That part lying east of the westerly 100 feet of Lots 16, 17
and 18, Block 9, West Minneapolis Third Division, according
to the recorded plat thereof.
Said Property owners(s) hereby petition the City of Hopkins to
make the arrangements necessary to:
Subject to the terms of a mediation agreement reached on
October 18, 1993, install a sanitary sewer service and water
service line to the property at 1711 1st street North and
place the costs of the petitioner's agree to share of the
project as a special assessment against her property. The
agreed to costs are for the following project elements:
. .Water and sewer service line installation from the mains to
the house; Water and sewer availability charges; permit
fees; indoor plumbing. Said petitioner agrees to a share
not to exceed $3,795 ($3,450 estimate + 10%) . The
petitioner understands that the assessment is for a ten-year
period at 3% per annum.
Property owners(s) hereby waive any right to notice or objection
to said improvement as provided in Chapter 429 of the Minnesota
statutes and any other provisions of municipal or state law
providing for notice or objections. Property owner(s) understand
that the aforesaid property will be assessed for the costs for
the aforesaid work.
Witness our hands to this agreement that we have read and fully
understand this agreement and consent thereto this
day of cO --d- 'J. 9' , 19 9'3 .
Signed: Witnesseth:
j2tJ'-:~c <i_ j~ If{ ~~".
Property Owner
. property Owner Witness
Council Report 94-44
Page 2
. PROJECT 91-15
Project Costs and Assessment Computation Worksheet
Construction (excludes inside plumbing) $7,258.50
Engineering (testing) 181. 12
Total Construction $7,439.62
Related Project Costs:
Inside Plumbing 1,025.00
Permits, Fees 1,119.52
Administrative Fees 109.65
Total Project Cost $9,693.79
Gonzalez Assessment
25% of Total Construction $1,859.91
2% Administrative Fees 37.09
Assessment Amount $1,897.00
. Kline Assessment
20% of Total Construction $1,487.92
Inside Plumbing 1,025.00
Permits and Fees 1,119.52
Subtotal $3,632.44
2% Administrative Fees 72.56
Assessment Amount $3,705.00
city Share
55% of Total Construction $4,091. 79
.
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. NOTICE OF SPECIAL ASSESSMENT
HOPKINS, MN
PID ID
23-117-22 41 0022
PROPERTY ADDRESS
101 18TH AVE N
PROPERTY OWNER
PHILIP G & KATHRYN M GONZALEZ
101 18TH AVE N
HOPKINS, MN 55343
.
PLAT NO.
37700
PROPERTY DESCRIPTION
W 100 FT OF LOT 16 AND THE W 100 FT OF THAT PART OF LOT 17 LYING
S OF THE N 10 96/100 FT THEREOF
BLOCK 9 WEST MINNEAPOLIS THIRD DIVISION
.
CITY OF HOPKINS
1010 1ST STREET SOUTH .
HOPKINS, MINNESOTA 55343
DEPARTMENT OF PUBLIC WORKS
STATEMENT OF ASSESSMENT
INSTALLATION OF PRIVATE WATER & SANITARY SEWER SERVICE
PROJECT NO. 91-15
TRIS IS THE ONLY STATEMENT YOU WILL RECEIVE
It is important that you read and fully understand your rights
and obligation concerning this assessment as stated on the
attached Notice of Assessment Hearing.
Your assessment for Parcel Identification Number 23-117-22 41
0022 is as follows:
25% of Total Construction $1,859.91
Admin. Fee 37.09
YOUR TOTAL ASSESSMENT FOR THIS PARCEL IS --- $1,897.00 at 3% .
interest over a period of ten years
When requesting information or corresponding about this
statement, please refer to Parcel Identification Number
23-117-22 41 0022
NOTE -- Objections to this assessment will be accepted until the
close of the Assessment Hearing. Assessment hearing appeal forms
are available in the Assessment Clerk's office. Absolutely no
objections (oral or in w~iting) to any part of this assessment
statement will be accepted by the Assessment Clerk or the Hopkins
city Council after the close of the Assessment Hearing. Even
though appeals are due by March 15, 1994, the City Clerk strongly
recommends appeals be submitted by March 7, 1994.
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DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT
Assessment Payment for INSTALLATION OF PRIVATE WATER AND SANITARY
SEWER SERVICES - PROJECT NO. 91-15
PID 23-117-22 41 0022 TOTAL ASSESSMENT: $1,897.00
.
TOTAL PAYMENT ENCLOSED - $
PARTIAL PAYMENT OF ASSESSMENT IS AUTHORIZED
BY SECTION 703 OF THE CITY CODE
. NOTICE OF SPECIAL ASSESSMENT
HOPKINS, MN
PID ID
23-117-22 41 0021
PROPERTY ADDRESS
1711 1ST STREET N
PROPERTY OWNER
GRACE A KLINE
1711 1ST ST N
HOPKINS, MN 55343
. PLAT NO.
37700
PROPERTY DESCRIPTION
THAT PART OF LOTS 16, 17, AND 18 LYING E OF THE W 100 FT THEREOF
BLOCK 9 WEST MINNEAPOLIS THIRD DIVISION
\
.
CITY OF HOPKINS
1010 1ST STREET SOUTH
HOPKINS, MINNESOTA 55343 .
DEPARTMENT OF PUBLIC WORKS
STATEMENT OF ASSESSMENT
INSTALLATION OF PRIVATE WATER , SANITARY SEWER SERVICE
PROJECT NO. 91-15
THIS IS THE ONLY STATEMENT YOU WILL RECEIVE
It is important that you read and fully understand your rights
and obligation concerning this assessment as stated on the
attached Notice of Assessment Hearing.
Your assessment for Parcel Identification Number 23-117-22 41
0021 is as follows:
20% of Total Construction $1,487.92
Inside Plumbing 1,025.00
Permits and Fees 1, 119 .52
Subtotal $3,632.44
2% Admin. Fee 72.56
YOUR TOTAL ASSESSMENT FOR THIS PARCEL IS --- $3,705.00 at 3% .
interest over a period of ten years
.
When requesting information or corresponding about this
statement, please refer to Parcel Identification Number
23-117-22 41 0021
NOTE -- Objections to this assessment will be accepted until the
close of the Assessment Hearing. Assessment hearing appeal forms
are available in the Assessment Clerk's office. Absolutely no
objections (oral or in writing) to any part of this assessment
statement will be accepted by the Assessment Clerk or the Hopkins
city Council after the close of the Assessment Hearing. Even
though appeals are due by March 15, 1994, the city Clerk strongly
recommends appeals be submitted by March 7, 1994.
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DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT
Assessment Payment for INSTALLATION OF PRIVATE WATER AND SANITARY
SEWER SERVICES - PROJECT NO. 91-15
PID 23-117-22 41 0021 TOTAL ASSESSMENT: $3,705.00
.
TOTAL PAYMENT ENCLOSED - $
PARTIAL PAYMENT OF ASSESSMENT IS AUTHORIZED
BY SECTION 703 OF THE CITY CODE
.
. CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 94-23
ADOPTION OF THE ASSESSMENT ROLL
SERVICE UTILITIES, 1711 FIRST STREET NORTH
WHEREAS, pursuant to proper notice duly given as required by
law, the city Council has met and heard and passes upon all
objections to the proposed assessment for the installation of
sanitary sewer and water main service utilities and the removal
of an underground septic system at 1711 First Street North,
described in the files of the city Clerk as Project 91-15,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
HOPKINS, MINNESOTA:
1. Such proposed assessment in the amount of $5,602.00, a
copy of which is attached hereto and made a part
hereof, is hereby accepted and shall constitute the
. special assessment against the lands named therein, and
each tract of land therein included is hereby found to
be benefited by the proposed improvement in the amount
of the assessment levied against it.
2. Such assessment shall be payable in equal annual
installments extending over a period of 10 years, the
first of the installments to be payable on or after the
first Monday in January, 1995, and shall bear interest
at the rate of 3 percent per annum from the date of the
adoption of this assessment resolution. To the first
installment shall be added interest on the entire
assessment from March 15, 1994 until December 31, 1995.
To each subsequent installment when due shall be added
interest from one year on all unpaid installments.
3. The property owner shall have the right to prepay the
entire assessment. The assessment may be paid without
interest from March 15, 1994 to April 14, 1994, to the
Assessment Clerk at city Hall, 1010 First Street South,
Hopkins, Minnesota. He/she may at any time thereafter,
pay to the Assessment Clerk the entire amount of the
assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made.
Such payment must be made by November 29, 1994 or
~ interest will be charged through December 31 of the
~ succeeding year.
. RESOLUTION NO: 94-23
.
Page 2
. 4. It is hereby declared to be the intention of the
Council to reimburse itself in the future for the
portion of the cost of this improvement paid for from
municipal funds by levying additional assessments, on
notice and hearing as provided for the assessments
herein made, upon any properties abutting on the
improvement but not made, upon any properties abutting
on the improvement but not herein assessed for the
improvement, when changed conditions relating to such
properties make such assessment feasible.
5. To the extent that this improvement benefits
nonabutting properties which may be served by the
improvement when one or more later extensions or
improvements are made, but which are not herein
assessed, therefore, it is hereby declared to be the
intention of the Council, as authorized by Minnesota
statues Section 420.051, to reimburse the City by
adding any portion of the cost so paid to the
assessments levied for any of such later extension or
improvements.
6. The clerk shall forthwith transmit a certified
duplicate of this assessment to the County Auditor to
. be extended on the property tax lists of the County,
and such assessments shall be collected and paid over
in the same manner as other municipal taxes.
Adopted by the City Council of the City of Hopkins this 15th day
of March, 1994.
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
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