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1991-10-30 CC Minutes Special . ,- .. . . . CITY OF ALBERTVILLE ASSESSMENT HEARING WESTWIND SECOND ADDITION October 30, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor James Walsh, Councilmen Duane Berning, Donatus Vetsch, Mark Barthel, and Mike Potter, City Attorneys Bill Radzwill and Mike Couri, Engineer Thore Meyer, Clerk Linda Houghton Mayor Walsh opened the assessment hearing to act upon the proposed municipal improvements assessment of all of the properties within the Westwind Second Addition, including lots one through eighteen in block one, lots one through six in block two, and lots one through twelve in block three, all in the City of Albertville, Wright County, Minnesota. The clerk read the Notice of Hearing on Proposed Assessment. Present in the audience to address the Council concerning the proposed assessment of Westwind Second Addition were Wally O'Dell, George W. Yankoupe, and John Darkenwald. President of John George, Inc. John Darkenwald presented the Council with a letter of objections, dated October 30, 1991, to the special assessments proposed for Westwind Second Addition. Attorney Mike Couri advised the Council that when the date of the assessment hearing was set, the proposed assessments were calculated on estimated cost figures. As of this date, the first lift of blacktop has nearly been completed. Engineer Thore Meyer indicated he should be able to have the exact cost figures for bonding purposes, excluding the final lift of bituminous very soon. Darkenwald, Yankoupe, and O'Dell agreed to a continuation of the assessment hearing for Westwind Second Addition on November 19, 1991. Barthel made a motion to adjourn this proposed assessment hearing and to continue the hearing on November 19, 1991, at 8:00 PM so that more accurate cost figures on the project can be compiled. Potter seconded the motion. All voted aye. OH)) < J .." ~.'. Yo: '. r JG JOHN F. DARKENWALD GEORGE W. YANKOUPE JOHN GEORGE LAND INVESTMENT CO. JOHN GEORGE INC. OBJECTIONS TO SPECIAL ASSESSMENTS 7535 N.E. River Road Elk River, MN 55330 (612) 441-3700 To: City of Albertville and its City Council From: JOHN GEORGE INC. Re: Proposed Special Assessments in the sum of $385,000.00 referred to in Notice of Hearing hereto attached as Exhibit A and incorporated herein by reference. The undersigned JOHN GEORGE INC. is the fee owner of the lots and blocks in Westwind Second Addition and/or has entered into Option Agreements, Purchase Agreements or Contracts of Sale for various lots therein whereby they are obligated to pay all special assessments to be levied thereon. . The undersigned hereby objects to the proposed assessments. The objections include, but are not limited to, the following: 1) The proposed assessments exceed the costs of the improvement which may be assessed according to law. 2) The proposed assessments were not made in the manner re9uit~ed by law. Dated at Otsego, Minnesota this 30th day of October, 1991. JOHN GEORGE INC. b~~~'1J~ t President ~ . '. NOTICE,::",,',....:~ . ", ,. ;' d 'J' ' " t.,.. 1,.;;;(1,::-. ALBERTVILLE NonCE OF HEARING ON PROPOSED ASSESSMENT , NonCE is hereby given that the City 'Council of Albertville, Wright c.ounty, IMinne~ta. will meet.at 7:30 p.m. on the ,30th day of October, 1991, atthe City Hall : located at 5964 Main Avenue, N.E" in the City of Albertville upon the proposed municipal improvements assessment of all of Itre properties within Westwind Second Addition Subdivision, including lots one through eighteen in block one ' and lots one through six in block two, and lots one through twelve in block three, all in the Cjty of Albertville, Wright County, . Minnesota. The Proposed assessment roll is on file tor public inspection at the Albertville City Hall. The total amount of the pro- posed assessment is $385,000.00. Writ- ten or oral objections will be considered at the meeting, No appeal may 'be taken as to the amount of the assessment un- less a signed, written objection is filed with the City Clerk prior to the hearing or is presented to the presiding officer at the hearing. ' An owner may appeal an assessment to the District Court pursuant to Minne- sota Statutes Section 429.081 by serving written notice of the appeal upon the Mayor or City Clerk of Albertville within thirty (30) days after the adoption of the assessment and filing suCh notice with the District Court within ten (10) days after service upon the Mayor or City Clerk. Minnesota Statutes Sections 435.193 through 435.195 authorize a municipality to deter the payment of assessments against homestead property owned by persons 65 years of age and older orwho are retired because of permanent and tOtal disability under circumstances where it would be a hardship for suCh person to make the assessment pay- ments. Applications by eligible persons for deferment of special assessment payments may be made at the Albertville City Hall 5964 Main Avenue, N.E.. Al- bertville, Minnesota. Dated: October 10, 1991. Linda Houghton City Clerk City of Albertville Published in the Crow River News Monday, October 14, 1991. .' . CR1421 . Affidavit of Publication ~ State of Minnesota } County of Wright as County of Hennepin Don R. Larson, being duly sworn, on oath says that he is the publisher or authorized agent and em- ployee of the publisher of the newspaper known as The North Crow River News and has full knowl- edge of the facts which are stated below: ., .. (A) The newspaper has complied with all of the requirements conslllubn9 qualification as a legal newspaper, as provided by Minnesota Statute 331 .02, 331 .06, and other applicable laws, as amended. (B) The printed City of Albertville - Notice of Hearing on Proposed Assessment which is attached was cut from the columns of said newspaper, and was printed and published once each week for --L successive weeks; it was first published on r'10 n d a Y , the .lL day of Oc t . , 19--2 J.and was thereafter printed and publiShed on every Monday to and including , the day of ,~19 ~.: and printed below is a copy of the lower case alphabet from A to ~'. both Inclusl~e, which IS hereb~ acknowledged as being the size and kind of type used in the composwon and publican on of the nonce. abcdefghijklmnopqrslUvwxyz By: dJJ~ Don R. Lars on Title: Publisher Subscribed and sworn to ~fore me /. onthis IV daYOfCrT.199... ~-'-t.~~\ - ~"_ Notary Public ,--2> ~v~~ ..._,,_. ..J" . ",-.j , , ., t\:;'-~~~':~'\:...'\_~~~"'l,"'-M~ .~~--"'" '~. 'r- -, ,"... ~ -,'", -/.~..._~ . .... "H C,~R,-.I.., i A'. 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CITY OF ALBERTVILLE ASSESSMENT HEARING WESTWIND COMMERCIAL PROPERTY October 30, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor James Walsh, Councilmen Duane Berning, Donatus Vetsch, Mark Barthel, and Mike Potter, City Attorneys Bill Radzwill and Mike Couri, Engineer Thore Meyer, Clerk Llnda Houghton Mayor Wal sh opened the assessment hearing to act upon the proposed municipal improvements assessment of the properties within part of the Southeast quarter of Section 35, Township 121, Range 24, and the North 180 feet of the Northeast quarter of Section 2, Townshlp 120, Range 24, all such properties lying West of Wright County Highway 19, South of Wright County Highway 37 and East of Westwind Addition, all in the City of Albertville, Wright County, Minnesota. The clerk read the Noti ce of Hearing on Proposed Assessment. Present in the audience to address the Council concerning the proposed assessment of this property were Wally O'Dell, George W. Yankoupe, and John Darkenwald. President of John George, Inc. John Darkenwald presented the Council with a letter of objections, dated October 30, 1991, to the special assessments proposed for this property. Attorney Mike Couri has allocated the costs of the 1988-1A and the 1988-3A projects on a proportional basis. All property that benefited from these projects, with the exception of the Westwind commercial property, has already been assessed. The assessment was based on 1 inear feet of abut ting properti es. There are 592' of frontage in the Westwind commercial property that was not assessed, Cauri has calculated the costs of the project attributable to the WEstwind commercial property as follows: Watermain construction Sanitary sewer construction Engineering costs Soft costs & Engineering X soft cost ratlon $11,341.81 $11,984,15 $3,630.65 ~_2L9~:t;:L._~_~=~ Total costs to be assessed $29,606.54 $1,480.33 ~_:?J._LQ~~_.~_IQ_I Statutory 105% assessment factor Total Assessment The proposed assessment for the Westwind commercial property is based on the same costs as the assessment on the other properties already assessed. Wally O'Dell asked the Council to continue the public hearing ~ .-,j ~ .JG . . JOHN F. DARKENWALD GEORGE W. YANKOUPE JOHN GEORGE LAND INVESTMENT CO. JOHN GEORGE INC. OBJECTIONS TO SPECIAL ASSESSMENTS 7535 N.E. River Road Elk River, MN 55330 (612) 441-3700 To: City of Albertville and its City Council From: JOHN GEORGE INC. Re: Proposed Special Assessments in the sum of $31,086.87 referred to in Notice of Hearing hereto attached as Exhibit A and incorporated herein by reference. The undersigned JOHN GEORGE INC. is the fee owner of the land described in the attached Notice of Hearing. The undersigned hereby objects to the proposed assessments. The objections include, but are not limited to, the following: 1) The property has already been assessed for trunk water main and is subject to a deferred assessment therefor. 2) The proposed assessment is contrary to action taken by City Council when improvements were installed in 1988 whereby they determined to assess a portion of the costs of the water main and the Highway 37 Interceptor, lift station and forcemain to certain benefitted properties and to recover the remaining costs by Sewer and Water availability and connection charges and user fees. 3) The proposed assessment is contrary to the agreement between the undersigned and the City and the Developer's Agreement between them. 4) The property receives no benefit from the proposed assessment. 5) The proposed assessments have not been made in the manner re~uired by Minnesota Statutes Chapter 429 and are contrary to law. Dated at Otsego, Minnesota this 30th day of October, 1991. JOHN GEORGE INC. NOTICE: ALBERTVILLE NpTICE OF HEARING ON PRO- i POSED ASSESSMENT ~NOnCE is hereby given that the City Council of Albertville, Wright County MiMesota, will meet at 7:30p.m. on th~ 30th day of October, 1991, at the City Hall located at 5964 Main Avenue, N.E., in the ?ity. ~f AI.bertvil/e upon, theproPC;sed nunlClpal Improvements assessment of !oJe properties Withllf)hetpart of the ,lOutheast quarter o"~ 35, ,To . .....,'~.....- 'N.. .; ship 121, Range 24, and the North " teet of the Northeast quarter of Section 2;' Township 120, Range 24, all such proPer~ ties lying West of Wright County highway #19, South of Wright County ,highway #37, and East of Westwiod Addition, all in the City of Albertville, Wright County, Minnesota ' The proposed assessment roll is on tile tor public inspection at the Altjertvil/e City Hall. The total amount of the propqsed assessment is $31,086.87. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of the assessment unless a signed, written objection is tiled with the City Clerk prior to the hearing or is pre- sented to the presiding officer at the hearing. ' An owner may appeal an assessment to the District Court pursuant to Minne- sota Statutes Section 429.081 by serving written notice of the appeal upon the Mayor or City Clerk of Albertville within thirty (30) days atter the adoption of the assessment and tiling such notice with the District Court within ten (10) days atter service upon the Mayor or City Clerk. Minnesota Statutes Sections 435.193 through 435. 195 autb9ri~e a municipality to defer the payment- of assessmentS against homestead property owned by persons 65 years of age and older or who are retired because of permanent and' total disability under circumstances where it would be a. hardship tor such person to make the assessment pay- ments. Applications by eligible persons tor deferment of special assessment payments may be made at the Albertville City Hall 5964 Main Avenue, N.E., Al- bertville, Minnesota. Dated: October 10, 1991. Linda Houghton City Clerk City of Albertville Published in the Crow River News Monday, October 14,1991. CR1421 . Affidavit of Publication State of Minnesota } County of Wright as County of Hennepin Don R. Larson, being duly sworn, on oath says that he is the publisher or authorized agent and em- ployee of the publisher of the newspaper known as The North Crow River News and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 ,02, 331 ,06, and other applicable laws, as amended. (8) The printed City of ,n.1 bertvi 11 e - flot ice of Hearing Pro Dosed r~sessment which is attached was cut from the columns of said newspaper, and was printed and published once each week for l successive weeks: it was first published on nO n d ay , the -1L day of Oct. ,19 91, and was thereafter printed and published on every Monday 10 and including , the day of ,19 _ : and printed below is a copy of the lower case alphabet from A to Z. both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkJmnopqrstuvwxyz ~~.X- 8y: T'I P bl,non R. Larson It e: u Isner Subscribed and sworn to before me on this I? day of Oct ,199.J. ~~ ~-. ';fe-_ Notary Public \~ ~. . -!\,.~....."^~ - ....~..-'....~.\ CA""Ol'" : -- .~-'~ 'of"- ., - . 1\ _ ~ ~'-')..!.I"..~ r':OTARY~' >;;;.J. -.. , ,..::O,'f ~ ~i.:~(J.: !_. r-U3l;C ~ .'.:.'~"~.':-~~: ~ : ""~:;,(1'!>-~':. h:.:NN~?I:,' {'_;.:~:::,:,'A l ~~~::~:~::~;~~~:;;'9' ~23 . CITY OF ALBERTVILLE REASSESSMENT HEARING SUNRISE COMMERCIAL PARK October 30, 1991 . . Albertville City Hall 7:30 PM PRESENT: Mayor James Wa 1 sh, Counci I men Duane Berning, Donat us Vetsch, Mark Barthel, and Mike Potter, City Attorneys Bill Radzwill and Mike Couri, Engineer Thore Meyer, Clerk Linda Houghton Mayor Walsh opened the assessment hearing to act upon the pr.oposed municipal improvements reassessment of the properties wi thin Sunrise Commercial Park, lncl uding lot one in block one, lots one through three in block two and lot one in block three. all in the City of Albertville, Wrlght County, Minnesota. The clerk read the Notice of Hearing on Proposed Assessment. Attorney Mike Couri advlsed the City Council to reconvene this reassessment hearing to another date until an agreement can be worked out with Andrew Savitski, owner of Sunrlse Commercial Park. Mr. Savitski was in attendance at the hearing and agreed to reconvene the reassessment hearing on November 19, 1991, at 7:30 PM. Berning made a motion to adjourn this public hearing and reconvene the meeting on November 19, 1991, at 7:30 PM. Barthel seconded the motion. All voted aye. ... NOTICE: ALBERTVILLE NOTICE OF HEARING ON PROPOSED ASSESSMENT NOTICE is ~ereby given that the City Council of Albertville,.' Wright County, , Mnnesota, will meet at 7:30 p.m. on the 30th clay of October, 1991, atthe City Hall located at 5964 Main Avenue, N.E., in the City of Albertville upon the proposed municipal improwments reassessment of all of the properties within Sunrise Commercial Park, including lot one in block one, lots one through three in block two, and lot one in block three, all in the City of Albertville. Wright County. Mnne- sota The proposed assessment roll is on file for public:inspection at the Albertville City HalJ. The total amount of the pro- posed assessment is $133,932.96, Writ- ten or oral objections will be considered at the meeting. No appeal may be taken . as to the amount of the assessment un- less a signed, written objection is filed with the City Clerk prior to the hearing or , is presented to the presiding officer at the l hearing. . An owner may appeal an assessment to the District Court pursuant to MiOne- sota Statutes Section 429.081 by serving written notice of the appeal upon the Mayor or City Clerk of Albertville within thirty (30) clays after the adoption of the assessment and filing such notice with the District Court within ten (10) clays after service upon the Mayor or City Clerk. Minnesota statutes Sections 435.193 through 435.195 authorize a municipality to defer the payment of assessments against homestead property owned by . persons 65 years of age and older orwho are retired because of pennanent and total disability under circumstances where it would be lit hardship for such person to make the assessment pay- ments. Applications by eligible persons for deferment of special assessment payments may be made at the Albertville City Hall 5964 Main Avenue, N.E"AI- bertville, MinnesOta. Dated: Oc\ober .10;1991; '-. Uncia Houghton "CitY cier1(._........_-_._'"'._.~ City of Albertville Published in the Crow River News, Monday, October 14, 1991. CR1418 . Affidavit of Publication State of Minnesota } County of Wright as County of Hennepin Don R. Larson, being duly sworn, on oath says that he is the publisher or authorized agent and em- ployee of the publisher of the newspaper known as The North Crow River News and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331.02, 331.06, and other applicable laws, as amended. (B) The printed fiotice of Hearing on Proposed /-\ssessment City of Albertville - Sunrise Commercial Park which is attached was cut from the columns of said newspaper, and was printed and published 1 t10 nda" once each week for_successive weeks; it was first published on I , J , the 14 day of 0 Ct. ,1 g.21, and was thereafter printed and published on every Monday to and including , the day of ,19 _ : and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hijklmnopqrstuvwxyz dVvL~ By: Title:Publi~r R. Larson Subscribed and sworn to before me on this 151 day o/j (t .19Cjj. C\.;~'-t~ '\ "' Je.- Notary PUbIiC'~ ~~~'''''c.~ ~ ...:,-,~~.~ CI\ - .'- ~':~'\:"'\,~:"'''''-''l''''''A ~ ':-", I -, .-\;=101 r= . .' ....:.,.'--""~ ~ \}P~/}) ":OI.:~Y ,cca~j~'__ .:. ,'~ (, .,..:.......c.... r---..;,\!,\Jr::':;),.., " ,; ~ ,.-.".;." l"~ C ' ~'''', (, ~, "'1" ,t ~~W~~,;v~~:~;~~~~;~;;~:2~$D3 ~ . . . CITY OF ALBERTVILLE ASSESSMENT HEARING PARKSEDGE SUBDIVISION October 30, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor James Wal sh, Counci Imen Duane Berning, Donatus Vetsch, Mark Barthel, and Mike Potter, City Attorneys Bill Radzwill and Mike Cour2, Engineer Thore Meyer, Clerk Linda Houghton Mayor Walsh opened the assessment hearing to act upon the proposed municipal improvements assessment of all of the properties within the Parks edge Subdivision, including lots one through four in block one and lots one through five in block two. The clerk read the Notice of Hearing on Proposed Assessment. Engineer Thore Meyer explained that the total costs to be assessed on the nine parcels in this addition is $95,000. The nine parcels will be assessed at an annual interest rate of 8.25%. The City still holds two letters of credit for this subdivision. No one in the audience asked to address the Council concerning the proposed assessment. The clerk stated no object20ns, either oral or written, have been filed at the City Hall concerning the proposed assessment. Vetsch made a motion to approve the RESOLUTION RATIFYING ACTIONS OF CITY CLERK IN REGARD TO MATTERS PERTAINING TO ASSESSMENT HEARING AND DETERMINING COSTS TO BE ASSESSED TO BENEFITED PROPERTY OWNERS. Potter seconded the motion. All voted aye. Berning ASSESSMENT. made a motion to approve RESOLUTION ADOPTING Barthel seconded the motion. All voted aye. Potter made a motion to adjourn the public hearing. Barthel seconded the motion. All voted aye. . NOTICE: ALBERTVILLE NOTICE OF HEARING ON PROPOSED ASSESSMENT NOTICE is hereby given that the City Council. of, Albertville, Wright County,. Minnesota, will meet at 7:30 p.m. on the 30th day of October. 1991; at the City Hall located at 5964 Main Avenue, N.E., in the City of Albertville upon the proposed municipal improvements assessment of all of the properties within Parksedge Subdivision, including lots one through four in block one and lots one through five in block two, all in the City of Albertville, Wright County, Minnesota. The proposed assessment roll is on file for public inspection at the Albertville City Hall. The total amount of the pro- posed assessment is $100,000.00. Writ- ten or oral objections will be considered at the meeting. No appeal may be taken as to the amount of the assessment un- less a signed, written objection. is filed with the City Clerk prior to the hearing or I is presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minne- sota Statutes Section 429.081 by serving written notice of the appeal upon the Mayor or City Clerk of Albertville within thirty (30) days after the adoption of the asses, sment and filing such notie8J.~th the District Court within ten (10) plYs after service upon the Mayor o~ City Clerk. Minnesota Statutes Sections 435.193 through 435. 195 authorize a municipality to defer the payment of assessments 1, against homestead property owned by persons 65 years of age and older orwho are Ilitired because of permanent and total disability under circumstances where it would be a hardship for such person to make the assessment pay_ ments.Applications by eligible persons for deferment of special assessment payments may be made at the Albertville City Hall 5964 Main Avenue, N.E., Al- bertville, Minnesota. Dated: October 10, 1991. Linda Houghton City Clerk City of Albertville Published in the Crow River News, Monday. October 14, 1991. CR1419 , >.... Affidavit of Publication State of Minnesota } County of Wright as County of Hennepin Don R. Larson. being duiy sworn. on oath says that he is the publisher or authorized agent and em- ployee of the publisher of the newspaper known as The North Crow River News and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper. as provided by Minnesota Statute 331.02. 331.06. and other applicable laws, as amended. (Bl The printed .';ot i C2 :J-F Heay~i ng Oil Pro;ose-.J ir:.SSessment JrOJOs2J :JUri 1 C1 pal inprove~,,2nts aSS2ss..lCnt which is attached was cut from the columns of said newspaper, and was printed and published 1 ~ '0 'F1 a" once each week for--=- successive weeks: it was first published on .., -' J , the 1," ."\ ... " 1 " ~ day of.1C "'. ,19..:...::, and was thereafter printed and published on every Monday to and including , the day of ,1g _ : and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrslUVWXyz ~J. 't- By: ~ ~ . -on '. Title: Pu6iistier .. Larson Subscribed and sworn to before me on this I Y day ofC.\t .19JJ. r>-., ~j' ": ~\ '::t. ~_ "-- ~'-... " 0_. " Notary Public ~:::, ~'W'''''''"~~ : "~" C'\~ . ~:";'o:'^',,_,"~~ j~~~5),t~'~{~;~::;,;:,T l ~~:i"'~... .. '., ' -~ "'-/:J lC'~ ~ ........v,,;,.-,;.~.,;;~'..;.;.J-i,,~r.Q..v-.:;,;,:;,..::-:.... -';""v .....