83-047 - Laserfiche WebLink

Home Browse Search

, , excessive (inaudible) and void. Now, because of the fact that under Chapter 429, Minnesota Statutes, it's necessary - if you're trying to protect your rights - you have to have a written objection. I have one here that I've written out in longhand and because you may have some difficulty reading my handwriting, I'm going to read this into the record and then file it with you, Mr. Mayor, in accordance with the provisions of the statute. Dated this day and directed to the City Council, City of Arden Hills, Improvement 55-83-2, and giving Mr. Reiling's parcel identification number from the assessor's office. This is to inform you that George Reiling, the owner of the property on the north side of Red Fox Road, east of Lexington Avenue, does object to the proposed assessment against his property for public improvement 55-83-2 for sewer extension to 1315 Red Fox Road. The Reiling property is unplatted and identified as except the west 406 feet and except the east 515 feet, being part of the northeast quarter lying southerly of Highway 694 (subject to roads and easements) in Section 27, Township 30, Range 23, Ramsey County, Minnesota. Mr. Reiling objects upon the grounds that the assessment is greater than the economic benefit to his premises and is not equitably spread between the benefitted properties. Signed by me as Mr. Reiling's attorney and it's also approved by Mr. Reiling and his signature is affixed to that. I'm filing that with you at this time Mr. Mayor and again, I would reiterate that the - Mr. Christoffersen's judgment determination is that the property to the south of Red Fox Road has no economic benefit, but Mr. Reiling has - the property that wanted and needed the assessment has a smaller assessment than Mr. Reiling. We feel it's inequitably spread between those properties. We feel there is no - or very little - economic benefit to Mr. Reiling because he does have a sewer running north and south to his property and would be serviced from that particular sewer as far as this development is concerned. . The other option that the Council had and chose not to accept and followed Mr. Christoffersen's recommendation, was to carry the force main from the existing gravity line all the way over to the property to the west - the one that wanted this. If this had been done, then clearly Mr. Reiling could not have been assessed. He cannot be assessed for the portion that fronts on the force main because you can't have two outlets into a force main because obviously, unless the pressures were exactly equal and you had a lot of complicated gate valves and so on, if one person is forcing their sewage into the line, it would back up into the other line unless, as I said, pressures were exactly equal or it was controlled by a series of exotic gate valves, which would be expensive to maintain as well as to install. But they could have had a force main all the way up to the sanitary main and then there would be no question about the assess- ment. -3-