CR 96-41 Approve Petition 9 Webster Place•
February 27, 1996
Supporting Information.
O Petition
O Attorney memo
O Resolution 96 -18
• Jules Gessele
Engineering Superintendent
Approve Petition
To Assess Utility Connection Charges
9 Webster Place
Council Report 96 -41
Proposed Action.
Staff recommends the following motion: Move that Council Adopt
Resolution 96 -18, Resolution Approving Petition For Assessment of
Utility Connection Charges, 9 Webster Place.
Overview.
The owner of a newly platted lot at 9 Webster Place had failed to
pay utility connection charges as established by City Code,
Section 705.03, Subd. 3 and Section 710.13. Staff recommended
action be taken to collect on the charges and Council ordered an
assessment hearing for March 6 to carry out collection
procedures. Staff arranged for a notice of hearing publication
and provided mailed notice to the owner. In the interim the
owner has submitted a petition to place the cost of the
connection charges against the property and has waived his rights
to notice and appeal.
Primary Issues to Consider.
O Is an assessment hearing necessary?
No. Council need act only on acceptance of the petition.
The petition request is complete and terms stated therein
will enable the owner to meet the obligation of paying the
connection charges.
O Street connection charge
Staff is recommending against collection procedures on the
street connection charge. Staff can find no authority in the
City Code to levy such a charge. See the City Attorney's
attached memo.
O Terms of the special assessment
Connection charges for sanitary sewer and water main will be
assessed against the property over a 15 -year period at 8% per
annum beginning January 1, 1997. The amount to be assessed
shall be $6,874.35 for sanitary sewer and $5,280.08 for water
main.
Gregory J and Susan M. Hayes, hereinafter called the property
owners, states that they are the owners of 9 Webster Place,
Hopkins, Minnesota, more particularly described as:
Lot 1, Block 1, Lorweb Addition
Said property owners hereby request the City of Hopkins to make
the following arrangements:
Place the cost of certain connection on a special
assessment against the above - described property over a
15 -year period at 8% per annum beginning January 1,
1997. The cost of the connection charges. are $6,874.35
for sanitary sewer, $5,280.08 for water main, and
$3,812.88 for street.
The owners hereby waive any right to notice or objection to said
connection charges as provided in Chapter 429 of the Minnesota
Statutes and any other provisions of municipal or state law
providing for notice or objections. The owners understand that
they will be assessed for the sum total of the connection
charges.
Witness our hands to this petition that I have read and fully
understand this instrument and consent thereto this /2 day
of FE B, , 1996.
State of Minnesota )
) SS
County of Hennepin )
The foregoing instrument was acknowledged before me this
/ 7j day of 1 , 1996 by
and property
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PETITION BY PROPERTY OWNER
Notary Pu%lic
Date: February 26, 1996
To: James Gessele
From: Jerre Miller
Re: Hayes v. City of Hopkins
c: \file \hopkins \jg -memo
C I T Y
OF H O P K I N S
MEMO
You have stated that Gregory Hayes has submitted an Application to
the City for a levy of his connection charge as an assessment over
a 15 -year period.
The : question you have posed is what the amount of the connection
charge should be under Ordinance 510.
Your inquiry arises because the 1971 sewer and water project
conducted in Bellgrove also included a third separate assessment at
the time on each unit for repair and restoration of the streets
within the Bellgrove Addition. You have also discovered that at
least one other lot split paid a connection charge that included
the proportionate amount of the separate street assessment.
A reading of Section 510 concerning connection calculation and
application of connection charges pertains only to a charge based
on an assessment for sanitary sewer and water. The Ordinance is
silent about including in the connection charge assessments for
other improvements such as streets.
It is my opinion that the calculation of the connection charge
should be limited to the amount attributable to the improvement for
sanitary sewer and water and should not include any calculation for
a separate street assessment even though this latter assessment may
have been included in the calculation of a connection charge on
other lot splits within the addition.
1
1010 First Street South Hopkins, Minnesota 55343
Phone: 612- 935 -8474 Fax: 612- 935 -1834
An Equal Opportunity Employer
I base this opinion on the simple fact that the Ordinance in its
present form defines what the connection is to be based on and, for
that reason, the calculation should follow the language of the
Ordinance. The mere fact that it may not have been adhered to in
the past does not justify continuing the miscalculation in this
matter.
If assessments in addition to water and sewer are to be included in
connection charges in the future, the Ordinance should be amended
so that the authority is spelled out clearly and a party involved
in a lot split can determine clearly the extent of such a charge
upon a lot division. To add - hing to the Ordinance that is not
spelled out within it w•. d be improper.
c: \file \hopkins \jg -memo
2
City of Hopkins
Hennepin County, Minnesota
Resolution 96 -18
RESOLUTION APPROVING PETITION FOR ASSESSMENT OF
UTILITY CONNECTION CHARGES - 9 WEBSTER PLACE
WHEREAS, the owner of property located at 9 Webster Place has
petitioned for the placement of certain utility connection
charge costs as a special assessment against the above
property pursuant to Minnesota Statute No. 429.035, and
WHEREAS, the petition complies with the requirements of the
aforementioned statute.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HOPKINS, MINNESOTA:
Adopted by the City Council of the City of Hopkins this 6th day
of March, 1996.
ATTEST:
Such petition is hereby accepted as proposed, except for the
following amendment:
Reference to cost of a street connection
charge shall be stricken and the owner will
not be subject to such a charge.
James A. Genellie, City Clerk
Charles D. Redepenning, Mayor