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<br />Sheehy Cons1rIIclion Company <br />P. Q. Box 64570 <br />SI. Paul, Minnesota 55164 <br />Phone: 6S 14&8-669\ <br />Fax: 651-4884992 <br /> <br />.6116' <br /> <br />D~@~nw~" <br />l~ MAY 2 2 ZOOg ! <br /> <br />By <br /> <br />21 May 2009 <br /> <br />Clly Clerk <br />Cily of CentervUle <br />1880 Main Street <br />Centerville, MN 55038 <br /> <br />Re: Objection to Proposed Assessment to R24-31-22-23-001 <br />also known 88 7047 - 21" Avenue, Owned by Sheehy Con <br /> <br /> <br />Dear City Clerk: <br /> <br />Sheehy hereby objects in writing to the City of Centerville's proposed special ass t <br />described in the undated Public Hearing Notice attached as Exhibit A. hereto ("the Notice"), whiCh <br />Sheehy received on May 15, 2009, less than two weeks before the required hearing. This <br />written objection shall be filed with the municipal clerk of the CitY of Centerville andlor presented <br />to the presiding officer at the City Council hearing scheduled to occur at 6:30 p.m. on <br />Wednesday, May 27, 2009. <br /> <br />Sheehy objects to the proposed special assessment for at least the fo/lowing non- <br />exclusive reasons: 1) the amount of the proposed assessment exceeds the benefit to Sheehy's <br />parcel from the public improvement, 2) the proposed assessment was not allocated to all <br />benefited properties, and 3) the proposed assessment otherwise violates the provisions of <br />Minnesota Statutes chapter 429. <br /> <br />A copy of Sheehy's most recent tax statement tor the property is enclosed (Exhibit B), It <br />reveals that the value of Sheehy's property has fallen, not risen, since the public improvement. <br />Indeed, the amount of the proposed assessment exceeds the current assessed value for the <br />entire property, which is $316,100 according to Sheehy's most recent tax statement, a copy of <br />which is attached as Exhibit B hereto, The maximum amount that the property can be assessed <br />is the amount that value increased as a result of the improvement, yet this proposed assessment <br />exceeds the entire assessed value of the property! <br /> <br />Moreover, Sheehy's property already was the subject of an assessment for sewer and <br />water improvements in 1998. At that time the City assessed Sheehy the amount by which the <br />property was benefited by the addition of the sewer and water service. Sheehy already paid its <br />fair share of those assessments, and does not have to pay for the same improvements twice. <br /> <br />This proposed assessment is also invalid because it Is only beIng assassed on Sheehy but nol <br />on other private property owners who benefitted from the development. <br /> <br />Sheehy requests that the City Council consider these objections to the proposed <br />improvements and assessments at an adjoumed heating upon further notlca to Sheehy, unless <br />the City and Sheehy resolve these objections and Sheehy withdraws them. <br /> <br />360Wesl Larpemeur Avenue. SainI Paul, Minnesota 551 13 <br /> <br />t <br /> <br />I <br /> <br />1 <br />