HomeMy WebLinkAbout2008-07-09 CC Add'l Handout
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Page 1 of 1
Statz, Mark R
From: Long, Chris W
Sent: Wednesday, May 07, 2008 9:31 AM
To: 'dlarson@centervillemn.com'
Cc: Statz, Mark R; Goodman, Ryan J
Subject: Fruth's Driveway Grade
Dallas,
On October 29, 2007, the driveway grade was checked using a rod and level. The survey results showed the best
grade the driveway could achieve was approximately 8% to a point at 50' from the back of curb. Due to the
driveway steepening past this point and into the garage, the driveway grade cannot be lessened any further than
8%.
Let me know if you have any further questions.
Chris Long
Tel 651-604-4808
Cell 651-492-7747
ch ris .Iong@bonestroo.com
.. Bonestroo
2335 Highway 36 W
St. Paul, MN 55113
TeI651-636-4600
Fax 651-636-1311
www.bonestroo.com
7/9/2008
/it
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TAPER biTUMINOUS
PAVEMEjNT TO MATCH
EXISTING BITUMINOUS
AT CIT'II LIMITS
STA. 22+32.41 """\ _
), I MVn HAL FEN~
ii.!... *" ~
-- .~ ~,.,
1-8I--T-2++O&-, :..~ 1-8..:
NOTES:
1. SEE TYPICAL SECTION C8.01.
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"., ~\>\' ~ I CURB 8t GUTTER ~
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~~!!~ubsurface utility information In this pl?n is shown. to utility quality
level C. This utility quality level was determIned according to the guidelines
of Cl/ASCE 38-02. entitled .Standard Guidelines for the Coliectian and
! Depiction of Existing Subsurface Utility Data
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QYJlliilt..bL\I@1 A ____gas_A__
Involves the use of nondestructive digging equipment at horizontal
and vertical position of underground utilities. as well as the type. size,
condition, material, and other characteristics.
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QysIJfu....!.~.!l. ____gas_8__
InvalveS the use of surface geophysical techniques to determine the
existence and horizontal position of underground utnitles.
Ql!Jlll!y..!..oJ!!!i. ,I;. ____gas_C__
, Invalves surveying above ground utnity faellltles, such as manholes, valve
I boxes, etc., and correlating this Information with existing utlllty records.
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Information comes solely from existing utility records
-----
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OLD MILL ROAD
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END SURMOUNTABLE
CURB AND GUTTER
PROVIDE BEAVER, TAil
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.
tervi{{e
T,sta.6[isli.e.d~ 1857
1880 fMam Street, Cmterville, ~ .5.5038 .
6.51-429-3232 or 'F~ 6.51-429-8629
AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE
State of Minnesota)
County of Anoka )
City of Centerville)
I, Teresa Bender, being first duly sworn, deposes and says:
I am a United States citize~ over twenty-one (21) years of age, and the
Receptionist/Secretary of the City of Centerville, Minnesota.
On June 24, 2008, acting on behalf of the said city, I deposited in the City's Post
Office box copies of the attached Public Hearing Notices for the Old Mill Improvement
Project, enclosed in envelopes, with postage thereon fully prepaid, addressed to the
following persons at the addresses appearing opposite their respective names along with
corresponding meeting maps:
NAME
ADDRESS
See Attached
There is delivery service by United States mail between the place of mailing and the
places so addressed. C"~. ..~ _ -J ~
Teresa Bender~ City Clerk ---
Subscribed and sworn to before me this 24th day of JWle, 2008.
e KRIS SWEENEY
NOTARY P\aIC....-orA .., c.nIIIIaft...._ 31. 2010
~li~ilr
~--
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NOTICE OF HEARING ON PROPOSED ASSESSMENT
To whom it may concern:
Notice is hereby given that the City Council ofCenterville will meet at 6:30 p.m. on
Wednesday, July 9, 2008, at City Hall, to pass upon the proposed assessment for the following:
the improvement of Old Mill Road from a point approximately 200 feet north of Revoir Street
to the north city limits by installation ofwatermain, sanitary sewer, street pavement, curb,
storm sewer and related drainage improvements.
The total cost of the improvement is $414,032.
The area proposed to be assessed is the abutting property.
The proposed assessment is on file for public inspection at the office of the city clerk. The total
amount of the assessment is $414,032. Written or oral objections will be considered at the
meeting, but the council may consider any objection to the amount of a proposed individual
assessment at an adjourned meeting upon such further notice to the affected property owners as
it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section
429.081 by serving notice of the appeal upon the mayor or clerk of the City within 30 days
after the adoption of the assessment and filing such notice with the district court within ten days
after service upon the mayor or clerk; however, no appeal may be taken as to the amount of
any individual assessment unless a written objection signed by the affected property owners
is filed with the city clerk prior to the assessment hearing or presented to the presiding
officer at the hearing.
"Under Minnesota Statutes, Sections 435.193 to 435.195, the council may, in its discretion,
defer the payment of this special assessment for any homestead property owned by a person
65 years of age or older or reserve military personnel called to active duty, for whom it would
be a hardship to make the payments. When deferment of the special assessments has been
granted and is terminated for any reason provided in that law, all amounts accumulated plus
applicable interest become due. Any assessed property owner meeting the requirements
of this law and the ordinance adopted under it may, within 30 days of the confmnation of
the assessment, apply to the city clerk for the prescribed form for such deferral of payment of
this special assessment on his property.
Prepayment of all or part of special assessments without interest is permitted for 30 days after
adoption of the special assessment by the City Council. You may at any time prior to
certification of the assessment to the County Auditor, prepay part or all of the assessment
together with interest from the date of adoption of the assessment to the date of prepayment. If
not prepaid or granted senior citizens or active duty service deferment-the assessment will be
collected in annual installments with property taxes, over 15 years at 5.5% interest beginning
in 2009.
Teresa Bender, City Clerk
Dated this 17th day of June, 2008
'E...ta6fisl1~.l.( 18.r{i
1880 !Main Street, Centervitl"e, !M~ SSOJ.
651-429-3232 or tf'tV( 651-429-8629
Fredrick Fischer
7396 Old Mill Road
Centerville, MN 55038
PUD: 143122420001
Proposed
Assessment - 599,700
Approximate
Annual
Payment - $8,475
Attached hereto is the official published notice of hearing for the assessment
of Old Mill Road Improvements.
The proposed assessment and the approximate annual payment that would result
are indicated above.
Homestead property owners, 65 years of age or older or military personnel called to
active duty, that would like to apply for deferment of their special assessments
should contact this office within thirty days of adoption of the special assessment.
Prepayment of all or part of special assessments without interest is permitted for
30 days after adoption of the special assessment by the City Council. Prepayment
is allowed prior to certification to the County Auditor with interest from the date of
adoption of the assessment to the date of payment. After the assessment has been
certified to the County Auditor, prepayment of the entire outstanding balance can be
made prior to November 15 of each year, however interest is collected to December
31 of the year paid. If not prepaid prior to November 15, interest shall be collected
to December 31 of the succeeding year. Prepayment should be made to the City
Clerk at the address on this letter. If not prepaid or deferred--the assessment will be
collected in annual installments with property taxes, over 15 years at 5.5 % interest
beginning in 2009.
Teresa Bender, City Clerk
Dated this 18th day of June, 2008
'E..4ttabfisfied 1857
1880 !Main Street, Centerviffe, fAIN .5.503.
651-429-3232or'l'1V(6.J1-429-8629
Cathy Fruth
7384 Old Mill Road
Centerville, MN 55038
PUD: 143122420002
Proposed
Assessment - $99,700
Approximate
Annual
Payment - $8,475
Attached hereto is the official published notice of hearing for the assessment
of Old Mill Road Improvements.
The proposed assessment and the approximate annual payment that would result
are indicated above.
Homestead property owners, 6S years of age or older or military personnel called to
active duty, that would like to apply for defennent of their special assessments
should contact this office within thirty days of adoption of the special assessment.
Prepayment of all or part of special assessments without interest is permitted for
30 days after adoption of the special assessment by the City Council. Prepayment
is allowed prior to certification to the County Auditor with interest from the date of
adoption of the assessment to the date of payment. After the assessment has been
certified to the County Auditor, prepayment of the entire outstanding balance can be
made prior to November 15 of each year, however interest is collected to December
31 of the year paid. If not prepaid prior to November 15, interest shall be collected
to December 31 of the succeeding year. Prepayment should be made to the City
Clerk at the address on this letter. If not prepaid or deferred--the assessment will be
collected in annual installments with property taxes, over 15 years at 5.5 % interest
beginning in 2009.
Teresa Bender, City Clerk
Dated this 18th day of June, 2008
'l:~ta6fisfz ed" 18.:';7
1880 !Main Street, Cmtnviffe, !MN 5503,
651-429-3232 or 1f'41( 651-429-8629
Melissa Jaques
7389 Old Mill Road
Centerville, MN 55038
PID: 143122310016
Proposed
Assessment - 520,872
(Per Agreement)
Approximate
Annual
Payment - $1,775
Attached hereto is the official published notice of hearing for the assessment
of Old Mill Road Improvements.
The proposed assessment and the approximate annual payment that would result
are indicated above.
Homestead property owners, 65 years of age or older or military personnel called to
active duty, that would like to apply for defennent of their special assessments
should contact this office within thirty days of adoption of the special assessment.
Prepayment of all or part of special assessments without interest is permitted for
30 days after adoption of the special assessment by the City Council. Prepayment
is allowed prior to certification to the County Auditor with interest from the date of
adoption of the assessment to the date of payment. After the assessment has been
certified to the County Auditor, prepayment of the entire outstanding balance can be
made prior to November 15 of each year, however interest is collected to December
31 of the year paid. If not prepaid prior to November 15, interest shall be collected
to December 31 of the succeeding year. Prepayment should be made to the City
Clerk at the address on this letter. If not prepaid or deferred--the assessment will be
collected in annual installments with property taxes, over 15 years at 5.5 % interest
beginning in 2009.
Teresa Bender, City Clerk
Dated this 18th day of June, 2008
1880 !Main Street, Centervilfe, !M7\f 55038
651-429-3232 or q:'~ 651-429-8629
William Bowen
40 Park Lane
Minneapolis, MN 55415
PDO: 143122310015
Proposed
Assessment -$16,584
(Per Agreement)
Approximate
Annual
Payment - $1,410
Attached hereto is the official published notice of hearing for the assessment
of Old Mill Road Improvements.
The proposed assessment and the approximate annual payment that would result
are indicated above.
Homestead property owners, 65 years of age or older or military personnel called to
active duty, that would like to apply for deferment of their special assessments
should contact this office within thirty days of adoption of the special assessment.
Prepayment of all or part of special assessments without interest is permitted for
30 days after adoption of the special assessment by the City Council. Prepayment
is allowed prior to certification to the County Auditor with interest from the date of
adoption of the assessment to the date of payment. After the assessment has been
certified to the County Auditor, prepayment of the entire outstanding balance can be
made prior to November 15 of each year, however interest is collected to December
31 of the year paid. If not prepaid prior to November 15, interest shall be collected
to December 31 of the succeeding year. Prepayment should be made to the City
Clerk at the address on this letter. If not prepaid or deferred--the assessment will be
collected in annual installments with property taxes, over IS years at 5.S % interest
beginning in 2009.
Teresa Bender, City Clerk
Dated this 18th day of June, 2008
'L....taJj(isfietf 1857
1880 !Main Street, CentetVilIe, !MJ{ $$038
651-429-3232 or (j'~ 651-429-8629
Jeffrey Hanzal
7381 Old Mill Road
Centerville, MN 55038
Lots 1-6, Clearwater Creak Estates
Proposed
Assessment - $186,944
(Per Agreement)
Approximate
Annual
Payment - $15,890
Attached hereto is the official published notice of hearing for the assessment
of Old Mill Road Improvements.
The proposed assessment and the approximate annual payment that would result
are indicated above.
Homestead property owners, 65 years of age or older or military personnel called to
active duty, that would like to apply for deferment of their special assessments
should contact this office within thirty days of adoption of the special assessment.
Prepayment of all or part of special assessments without interest is permitted for
30 days after adoption of the special assessment by the City Council. Prepayment
is allowed prior to certification to the County Auditor with interest from the date of
adoption of the assessment to the date of payment. After the assessment has been
certified to the County Auditor, prepayment of the entire outstanding balance can be
made prior to November 15 of each year, however interest is collected to December
31 of the year paid. If not prepaid prior to November 15, interest shall be collected
to December 31 of the succeeding year. Prepayment should be made to the City
Clerk at the address on this letter. If not prepaid or deferred--the assessment will be
collected in annual installments with property taxes, over 15 years at 5.5 % interest
beginning in 2009.
Teresa Bender, City Clerk
Dated this 18tb day of June, 2008
~
..
NOTICE OF OBJECTION TO PROPOSED ASSESSMENT
PURSUANT TO MINNESOTA STATUTES ~429.061
To:
Centerville City Council
Property ID:
Catherine A. Fruth
7384 Old Mill Road
Centerville, MN 55038
14-31-22-42-0002
Property Owner:
Address:
I, Catherine Fruth, do hereby object to the proposed assessment for street pavement,
storm drainage improvement, and water main and sanitary sewer in the amount of $99,733.00
upon the property at 7384 Old Mill Road as set forth in correspondence from the City of
Centerville, dated July 1,2008, a copy of which is attached hereto as Exhibit A.
I object to the proposed assessment on the following grounds:
1. The above listed property is currently zoned Rl, Rural Residential, and consists of
ten (10) acres with one house located thereon. The proposed assessment is
erroneously based on two lots, rather than one, as the property is presently zoned.
2. Water main and sanitary sewer lines currently run to the south: comer of the
above described property. The water and sewer lines were installed
approximately twelve (12) years ago and service is currently available to the
property without the proposed improvements. The proposed improvements for
water main and sanitary sewer lines duplicate services already available and
provide no additional benefit to the property.
3. The cost of the proposed improvements represents more than one-quarter of the
estimated market value of the property for tax year 2009, which is $375,400.00.
Real estate taxes and special assessments for tax year 2008 are $5,268.00. The
proposed yearly special assessment of $8,475.00 will result in an annual payment
of real estate taxes and special assessments totaling approximately $13,750.00, an
increase of more than 150%.
4. The cost of the proposed improvements assessed to the above described property
exceed the benefit to the property in violation of Minnesota Statute ~429.05
Dated: July~, 2008
~
..
NOTICE OF OBJECTION TO PROPOSED ASSESSMENT
PURSUANT TO MINNESOTA STATUTES ~429.061
To:
Centerville City Council
Property Owner:
Address:
Catherine A. Fruth
7384 Old Mill Road
Centerville, MN 55038
14-31-22-42-0002
Property ID:
I, Catherine Fruth, do hereby object to the proposed assessment for street pavement,
storm drainage improvement, and water main and sanitary sewer in the amount of $99,733.00
upon the property at 7384 Old Mill Road as set forth in correspondence from the City of
Centerville, dated July 1,2008, a copy of which is attached hereto as Exhibit A.
I object to the proposed assessment on the following grounds:
1. The above listed property is currently zoned Rl, Rural Residential, and consists of
ten (10) acres with one house located thereon. The proposed assessment is
erroneously based on two lots, rather than one, as the property is presently zoned.
2. Water main and sanitary sewer lines currently run to the south': comer of the
above described property. The water and sewer lines were installed
approximately twelve (12) years ago and service is currently available to the
property without the proposed improvements. The proposed improvements for
water main and sanitary sewer lines duplicate services already available and
provide no additional benefit to the property.
3. The cost of the proposed improvements represents more than one-quarter of the
estimated market value of the property for tax year 2009, which is $375,400.00.
Real estate taxes and special assessments for tax year 2008 are $5,268.00. The
proposed yearly special assessment of $8,475.00 will result in an annual payment
of real estate taxes and special assessments totaling approximately $13,750.00, an
increase of more than 150%.
4. The cost of the proposed improvements assessed to the above described property
exceed the benefit to the property in violation of Minnesota Statute ~429.05
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Dated: July 5L 2008 (, f-L;h ~ ~
Catherine A. Fruth
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FROM : C~t~~'S Coveral
PHONE NO.
5515535891
J u 1. 1216 2008 1215: 36PM P2
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July 1, 2008
Ms. Catherine Fruth
7384 Old Mill Road
CenterviUe, MN 55038
Re: Assessment detail
Dear Ms. Fruth:
At the last meeting you requested the detail on what comprised your proposed
assessment. The cost breaks down as follows:
Total
$ 35,605
$ 29,133
04.995'
$ 99.733
Street Pavement:
Storm Drainage Improvement
Watermain & Sanitary Sewer
While these individual project components are calculated in identifying costs to your
parcel, the assessment is the measure of aggregate total benetit of the improvement to
your teil..acre property. Please let me know if you have any questions.
Sincerely,
Dallas Larson
City Administrato..
E){\-\iB\T k
NOTICE OF OBJECTION TO PROPOSED ASSESSMENT
PURSUANT TO MINNESOTA STATUTES ~429.061
To:
Centerville City Council
Property ID:
Frederick W. Fischer, II
7396 Old Mill Road
Centerville, MN 55038
14-31-22-42-0001
Property Owner:
Address:
I, Frederick W. Fischer, II, do hereby object to the proposed assessment for street
pavement, storm drainage improvement, and water main and sanitary sewer in the amount of
$99,733.00 upon the property at 7396 Old Mill Road, Centerville, MN, as set forth in
correspondence from the City of Centerville, dated !trlY ~ ~08, a copy of which is attached
hereto as Exhibit A. ~ ~-f.
I object to the proposed assessment on the following grounds:
1. The above listed property is currently zoned Rl, Rural Residential, and consists of
ten (10) acres with one house located thereon. The proposed assessment is
erroneously based on three lots, rather than one, as the property is presently
zoned.
2. Water main and sanitary sewer lines currently run to the south~~ corner of the
property located at 7384 Old Mill Road, which immediately adjoins the above
described property to the south. The water and sewer lines are situated
approximately 330 feet from the south~ corner of the above described
property. The proposed assessment for water main and sanitary sewer lin~
excessive when the services are currently available 330 feet from the south t
corner of the above described property. The proposed improvements for water
main and sanitary sewer lines duplicate services already available and provide no
significant additional benefit to the property.
3. The cost of the proposed improvements represents more than one-quarter of the
estimated market value of the property for tax year 2009, which is $377,800.00.
Real estate taxes and special assessments for tax year 2008 are $5,275.00. The
proposed yearly special assessment of $8,475.00 will result in an annual payment
of real estate taxes and special assessments totaling approximately $13,750.00, an
increase of more than 150%.
4. The cost of the proposed improvements assessed to the above described property
exceed the benefit to the property in violation of Minnesota Statute S429.051.
Dated: JUlY~, 2008
1JJu~ -sc
Frederick W. Fischer, II
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FROM Cath~'s Coveral
PHONE NO.
6516535891
Jul. 08 2008 12:44PM P4
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Fredrick Fischer
7396 Old Mill Road
Centervi11e, MN 55038
PrD: 143122420001
Proposed
Assessment _$99,700
Approximate
A.nrtual
Payment .$8,475
Attached hereto is the official published notice of hearing for the assessment
of Old Mill Road Improvements.
The proposed assessment and the approximate annual payment that would result
are indicated above.
Homestead property owners, 65 years of age or older or military personnel called to
active duty, that would like to apply for deferment of their speoial assessments
should contact this office within thirty days of adoption of the special assessment.
Prepayment of all or part of special assessments without interest is permitted for
30 days afu:r adoption of the special A$sellsment by the City Council. Prepayment
is allowed prior to certification to the County Auditor with interest from the date of
adoption ofthe lISsessment to the date ofpaymenl. After the assessment has been
certified to the County Auditor. prepayment of the entire outstanding balance can
be made prior to November 15 of eilCh year, however interest is collected to
December 31 ofthc year paid. lfnot prepaid prior to November 15, interest ~hall be
collected to December 31 of the succeeding year. Prepayment should he made to
the City Clerk at the address on thi~ letter. If not prepaid or deferred--the
a.'\sessment will be collected in annual installments with property taJl:es, over 15
years at S.S % interest beginning in 2009.
Teresa Bender, City Clerk
Dated this IS111 day of June, 2008
E,ot+f& rr A
Minn. Stat. ~ 42il,{)61, subd. 'l.
Minn. Slat. ~ 429.081
See Form 17.
Habel v. City of Chis ago City, 346
N.W.2d 668 (Minn. Ct. App. 1984).
Minn. Sldt. ~ 429.081.
See Section IB
See Section I C 1.
SPECIAL ASSESSMENT GUIDE
III. Challenges by property
owners
The law sets out discrete timelines and procedures for challenging a city's
special assessment. For the most part, objections must be raised at or
before the assessment hearing. Only those who object at this stage may
proceed to appeal an assessment to the district court.
A. Objections
No one can formally object to, or appeal, the amount of an assessment
unless the property owner signs a written objection and files it with the city
clerk prior to the assessment hearing or presents it to the presiding officer
at the hearing, Property owners subject to proposed special assessments
must be informed of this requirement in the mailed notice. They should
also be reminded of the requirement at the hearing itself.
Any objections to the assessments not received at the public assessment
hearings in the manner prescribed are waived, unless the failure to object at
the assessment hearing is due to a "reasonable cause." Reasonable cause is
not defined in statute and has not received in-depth judicial analysis.
B. Appeals to the district court
Within 30 days after the adoption of the assessment roll, a property owner
who has properly objected to the assessment may appeal a special
assessment to the district court. The property owner appeals by serving
notice upon the mayor or city clerk and then filing the served notice with
the district court within 10 days of that service
If a city's assessment is challenged in district court, the assessment roll
constitutes initial proof that an assessment does not exceed the special
benefit. The party contesting the ~ssessment must introduce evidence
sufficient to overcome that presumption. If the evidence as to the special
benefit is conflicting it is the responsibility of the district court to
determine whether the assessment exceeds the market value increase and, if
so, by what amount.
As discussed previously, if the city coordinates the competitive bid process
with the special assessment process, the city now proceeds with the actual
work of the project after certification of the assessment roll and the 30-day
appeal period is over. Because the time for appeals is over before the
contract is issued, the city will not need to cover potential budget shortfalls
that may occur if a property owner successfully challenges a special
assessment or the lowest bid comes in higher than expected.
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