CR 92-117 Connection Charges 11109 Minnetonka Blvd
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May 26, 1992
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council Report: 92-117
Petition to Assess
utility Service Connection Charges
11109 Minnetonka Boulevard
Proposed Action.
Staff recommends adoption of the following motion: Move
that Council accept a petition for the placement of certain
utility connection charqes on a special assessment against
property located at 11109 Minnetonka Boulevard.
Overview.
Council in previous action approved a waiver in platting at
6 Webster Place. This paved the way for a lot split to
occur and has created a second parcel fronting on Minnetonka
Boulevard. sections 705 and 710 of the City Code require
the owner to pay connection charges for sanitary sewer and
water main. The owner has submitted a petition for the
placement of these charges on a special assessment against
the property.
Primary
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Issues to Consider.
What is the nature of the petition?
When will the connection charges be assessed?
Is Council taking unprecedented ac,tion?
Staff recommendation
Alternatives
Supportinq Information.
o Petition
o Connection Charges Worksheet
cJ:Ct-m~~ .Ji~~{!'Z~",,",-
James Gessele
Engineering Superintendent
Analysis.
o What is the nature of the petition?
The petition from the property owner is composed of a
request to place utility connection charges of
$6,136.85 for sanitary sewer and $4,713.64 for water
main on a special assessment against the property over
a 15-year term at 8% per annum beginning January 1,
1993. The second part of the petition is a statement
that the owner waives any right to notice or objection
to said action as provided in M.S. Chapter 429.
o When will the connection charges be assessed?
Staff recommends that upon Council acceptance of the
petition the service connection charges become part of
the City's miscellaneous assessment roll usually
considered by Council in September. The proposed 15-
year term of assessments would commence January 1,
1993.
o Is Council taking unprecedented action?
Although the City Code makes no provision for utility
connection charges to be placed on special assessments
against the benefitted property, staff has found
evidence of such service being offered to residents in
the past. There is no indication that those same
residents took advantage of the service.
o Staff recommendation
Staff recommends acceptance of the petition.
Considering the nature and substantial amount of the
charges it can be easily argued that the newly created
parcel should have the benefit of an assessment process
as the original parcel did. The finance director
concurs with the term and interest rate as stated in
the petition.
o Alternatives
1. Deny the petition, thus ordering the resident to
pay cash up front for the connection charges before a
building permit is issued.
2. Accept the petition and place charges on a special
assessment against the property, thus allowing building
permits without further delay.
3. Table action for further information.
...
WAIVER BY PROPERTY OWNERS
Walter H. May, Jr., hereinafter called the property owner,
states that he1ris the owner of 11109 Minnetonka Blvd.,
Hopkins, Minnesota -- more particularly described as:
See Exhibit A attached
said property owner hereby requests the city of Hopkins to
make the arrangements necessary to:
Place the cost of certain utility connection
charges on a special assessment against the above-
described property over a 15-year period at 8% per
annum beginning January 1, 1993. The cost of the
connection charges are:
Sanitary Sewer - $6,136.87
Water Main - $4,713.64
Property owner hereby waives any right to notice or
objection to said improvement as provided in Chapter 429 of
the Minnesota Statutes and any other provisions of municipal
for state law providing for notice or objections. Property
owner understands that for the foresaid work he will be
assessed for all costs incurred.
witness our hands to this agreement that we have read and
fully; understand th~ AaJreement and consent thereto this
L&> It...- day of ~ ' / '1 9 )..-- .
~A
Property OWner ~ .
f~/jt/i::'er ~ /!Lap.
WITNESSETH
witness
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EXHIBIT A
Legal Description
The land herein referred to is situated in the County of
Hennepin, state of Minnesota and is described as follows:
That part of Lot 4, Block 7, "Bellgrove" , according to the
plat thereof on file or of record in the office of the
Registrar of Titles in and for Hennepin County, Minnesota,
which lies northerly of a line described as follows:
Beginning at a point on the east line of said Lot 4 distant
140.00 feet southerly from the northeast corner of said Lot
4; thence westerly, to a point on the west line of said Lot
4 distant 140.00 feet southerly from the northwest corner of
said Lot 4 and said line there terminating.
Together with a perpetual easement for the purpose of
installing and maintaining a water and sewer line over,
under and across a strip of land 10 feet in width lying
southwesterly and westerly of and measured at right angles
to the following described line: Beginning at a point in
the southerly line of Lot 3, Block 7, "Bellgrove", distant
120.05 feet westerly, measured along said southerly line,
from the southeast corner of said Lot 3; thence North at a
right angle to said south line, 18 feet; thence
northwesterly deflecting to the left 31 degrees 00 minutes a
distance of 67 feet; thence northwesterly a distance of
114.9 feet to a point on the west line of said Lot 3 distant
147.3 feet northerly as measured along said west line from
the southwest corner of said Lot 3; thence continuing
northwesterly along the extension of the last-described line
to its intersection with a line drawn westerly from a point
on the east line of Lot 4, said Block 7 distant 140 feet
southerly from the northeast corner of said Lot 4 to a point
on the west line of said Lot 4 distant 140 feet southerly
from the northwest corner of said Lot 4, and said line there
terminating.
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utility Connection Charges Worksheet
11109 Minnetonka Boulevard
Sanitary Sewer
Original assessment date:
Original assessment amount:
Original rate:
1973
$2,633.84
7%
The current connection charge to December 31, 1992 is
as follows:
$2,633.84 x 0.07 x 19 years =
Original assessment
Total Connection Charge
Water Main
original assessment date:
Original assessment amount:
original rate:
1973
$2,023.05
7%
$3,503.01
2.633.84
$6,136.85
The current connection charge to December 31, 1992 is
as follows:
$2,023.05 x 0.07 x 19 years =
Original assessment
Total Connection Charge
$2,690.66
2.023.05
$4,713.64