CR 96-102 Assessment Hearing - Sewer Connection Charges - 425 Madison Ave NMay 31, 1996
Order Assessment Hearing
Sewer Connection Charges - 425 Madison Ave. North
Proposed Action.
Staff recommends adoption of the following motion:
c'1 ado.t - so ion '6 -5 R- olu ion For H-
Assessment of Delinquent Utility Connection Charge
Ave. North.
•
ar
Overview.
The owner of property at the above- referenced address was
unsuccessful in district court in obtaining a judgment that would
restrain the City from collecting a sanitary sewer connection
charge. In an April 23 letter the City notified the owner that the
charges were due and payable and offered three options: (1) pay in
full; (2) owner petition for a special assessment at 8% over 10
years; (3) Council take action to order a hearing and levy an
assessment at 8% over three years. Subsequently the owner
submitted payment substantially below the amount owed, and a letter
was sent to him explaining the actual amount owed and setting a
May 10 deadline for payment. The owner protested that making
payment would in effect deny his right to appeal the district court
judgment in the State Appeals Court. A May 6 letter from the
• City's attorney reminded the owner of his misinterpretation of
civil appellate procedures and that the City had every right to
collect due charges through special assessments. On May 20 the
owner submitted a petition and waiver of appeal to have the
connection charge placed as a special assessment against the
property. Unfortunately the owner added a conditional clause to
the waiver concerning objections or appeals of the assessed amount
and thus rendered the petition invalid. Staff returned the
petition with the conditional clause stricken and included a letter
instructing the owner to initial the striking and to return the
petition to the City by May 30. Staff has not received the
petition as of this writing.
Primary Issues to Consider.
o Amount to be assessed and terms
Staff proposes that the connection charge of $2,012.92 be
levied by special assessment at 8% per annum over three years.
o Assessment hearing
Staff recommends adoption of Resolution 96 -52 setting an
assessment hearing for July 2, 1996.
$upoortina Information.
O Petition submitted by owner
O Resolution 96 -52
J.$nfes Gessele
Engineering Superintendent
Council Report 96 -102
Move that
i on P o d
at 425 Madison
State of Minnesota )
) SS
County of Hennepin )
_
owner
J7 5 / 35/94 ,
PETITION BY PROPERTY OWNER
Douglas & Carita Dahlberg, hereinafter called the property
owners, state that they are the owners of 425 Madison Avenue N,
Hopkins, Minnesota, more particularly described as:
Outlot No 1 Campbell Third Addition and beg at a pt on
S line of N 1/2 of NW 1/4 distant 1214.03 ft W from SE
corner thereof th N at right angles 200 ft th W at
right angles to E line of GN RR R/W th Sally along said
R/W line to S line of N 1/2 of NW 1/4 th E to beg
except road Unplatted 19 117 21
Said property owners hereby request the City of Hopkins to make
the following arrangements:
Place the cost of sewer connection on a special
assessment against the above - described property over a
10 -year period at 8% per annum beginning January 1,
1997. The cost of the connection charge to be
certified is $2,012.92.
The owners hereby waive any right to notice or objection to said
connection charge 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 charge.
Witness our hands to this petition that we have read and fully
understand this instrument and consent thereto this JD day
of ;1Z2,, ci , 1996.
day of
Pro
erty Owner
/ g am
Property Owner
(IfJ (may
The fo -going instrument wa cknowledged before me this
, 1996 by
and to nnf; property
Notary : Z bhc
s ...a>Mt.
•
` ,,,, W .., eMtP 1M? IMOMS` _
JT4 5 /z,3 /94 Yak fr) NOTARY PUBLIC-MINNESOTA
'°;ai DAKOTA COUNTY
My Comm. Expires Jan, 31. 2000 f
WHEREAS, the owner of property at 425 Madison Ave. North has
obtained a permit for the connection of a sanitary sewer
service line to the City main and has in fact made the
connection, and
WHEREAS, the owner of 425 Madison Ave. North has been notified of a
certain utility connection charge as due and payable by
authority of Section 705.03 Subd. 3 of the City Code, and
WHEREAS, such connection charge has not been paid, is now
delinquent, and the City proposes to collect by means of
special assessments,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HOPKINS, MINNESOTA:
4. Assessments shall be payable in annual installments of
three years at 8% per annum.
Adopted by the City Council this 4th day of June, 1996.
1 0 Attest:
Resolution For Hearing On Proposed Assessment -
Delinquent Utility Connection Charge At 425 Madison Ave. North
1. A hearing shall be held on the 2nd day of July, 1996, at
the City Hall at 7:30 P.M. to pass upon such proposed
assessments and at such time and place the affected
property owner will be given an opportunity to be heard
with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of
hearing on the proposed assessments to be published in
the official newspaper at least two weeks prior to the
hearing and to mail notices to the owner affected by said
assessments.
3. The notice of hearing shall state the date, time and
place of hearing, the general nature of the improvement,
the area to be assessed, the total cost of the
assessment, and that written or oral objections will be
considered.
James A. Genellie, City Clerk
City of Hopkins
Hennepin County, Minnesota
Resolution 96 -52
Charles D. Redepenning, Mayor