2009-10-19 Via Hand Delivery and US Mail
..
WEIKEL LAW FIRM, LLC
7533 Sunwood Drive NW, Suite 2131 Ramsey, Minnesota 55303
P: 763-323-76761 F: 763-427-19411 www.weikellaw.com
October 19, 2009
City Council
The City of Albertville
5959 Main Avenue NE
Albertville, Minnesota 55301
VIA Hand Delivery and U.S. Mail
RE: (1) Proposed Ordinance No. 2009-022, An Ordinance Establishing A Sewer Trunk District
For Selected Properties Abutting CSAH 37 ("Ordinance No. 2009-022"); and
(2) Proposed Ordinance No. 2009-023, An Ordinance Establishing A Water Trunk District
For Selected Properties Abutting CSAH 37("Ordinance No. 2009-023")
Dear Council Members:
This letter is written on behalf of my clients, Colleen Riley ("Ms. Riley") and Ellen and Ronald Miller
("the Millers") and submitted in person at the Regular Meeting of the City Council of the City of
Albertville on October 19,2009. This letter sets forth Ms. Riley's and the Millers' objections to both
of the proposed Ordinance No. 2009-022 and Ordinance No. 2009-023, each of which are referenced
above (herein collectively referred to as "the Proposed Ordinances") and attached to this letter as
Attachments 1 and 2.
Ms. Riley and the Millers are co-owners of that certain property identified in Exhibits A to each of
Ordinance No. 2009-022 and Ordinance No. 2009-023 with the designation "PID: 101-500-352-301"
and by a hand-written notation "Miller Property." Their property is referenced herein as the "Miller
Property."
Ms. Riley and the Millers hereby object to the Proposed Ordinances on the following grounds:
1. Obiection to the District Boundaries: The Proposed Ordinances seek to establish a new
Municipal Sewer District and a new Municipal Water Trunk District within the boundaries set forth in
Exhibits A to each of the Proposed Ordinances. Such boundaries unnecessarily and unfairly include
the Miller Property.
The sole purpose for establishment of these new districts is the proposed development of the
property owned by Mr. Neimeyer (the "Neimeyer Property") and which abuts the Miller Property, and
the sewer and water connection that will serve Mr. Neimeyer's proposed development and the
Neimeyer Property.
However. there is no such proposed sewer or water connection for the Miller Property. The
Miller Property is not intended in any way to be a part of Mr. Neimeyer's proposed development. Nor
is it intended to hook into the City's sewer or water system. The Miller Property has its own water
well and septic system which are entirely independent of and separate from the City's sewer and water
system that will service the Neimeyer Property.
City Council
City of Albertville
October 19, 2009
Page 2
Therefore, there is no justifiable reason to include the Miller Property within the boundaries of
the new proposed water and sewer district. There is no just cause to burden the Miller Property with
the proposed sewer and water district boundaries from which it will realize no benefit. The practical
and simple solution to this problem is to exclude the Miller Property from the proposed new district
boundaries and have the new boundaries only include the Neimeyer Property.
Ms. Riley and the Millers respectfully request such an amendment to each of the Proposed
Ordinances.
2. Obiection to Interest Accrual in Paraszraph D.I from the date of adoption. Paragraph
D.l. of each of the Proposed Ordinances assesses the charges set forth in those paragraphs,
". .. plus interest at a rate of 6.2 % per annum from the date of adoption of this ordinance...."
If the Miller Property is not excluded from the proposed new district boundaries, this language
is objectionable. If in the future, the Miller Property is required by the City to hook into the City sewer
and water system on the Neimeyer Property, this language unfairly retroactively assesses charges for
an accrual period prior to any such connection. during which the Miller Property would have received
no benefit. The Miller Property should not be so unfairly burdened to the potential detriment of its
value.
Therefore, it is requested that each of Paragraph D .1. of the Proposed Ordinances be amended
to add language that the accrual of interest shall not apply to the Miller Property.
On behalf of Ms. Riley and the Millers, please accept our thanks for receiving these objections and
considering them.
Respectfully submitted on behalf of
Ms. Riley and the Millers by:
~~ 1???2
David L. Monroy ~
Of Counsel
The Weikel Law Firm, LLC
Attachments 1 and 2
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5959 Main Avenue NE
P.O. Box 9
Albertville. MN 55301
NOTICE OF PROPOSED
SEWER AND WATER TRUNK
DISTRICT ESTABLISHMENT
Please take notice that the City Council of the City of Albertville will take comment
from all interested parties at its regular meeting on Monday, October 19,2009 at
7:00 p.m. or soon thereafter at the Albertville. City Hall located at 5959 Main
A venue NE, Albertville, MN regarding the establishment of a sanitary sewer trunk
district and a municipal water trunk district over property owned by you. Copies of
the proposed ordinances to establish the trunk districts' are attached. Please contact
City Administrator Larry Kruse at 763-497-3384 or City Attorney Mike Couri at
763-497-1930 with any questions you may have regarding the establishment of
either of these districts. .
Dated: October 8, 2009
B~' yt~k
City Clerk
City of Albertville
/
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2009-022
AN ORDINANCE ESTABLISHING A
SEWER TRUNK DISTRICT FOR SELECTED
PROPERTIES MlUTTING CSAH 37
The City Council of the City of Albertville, Minnesota hereby ordains:
1. Section 9-1-2-4 of the Albertville City Code is hereby amended to read as follows:
9-1-2-4: SEWER TRUNK DISTRICT
A. Definitions: For the purpose of this section, the following words and terms
shall have the meanings set forth in this subsection.
CITY: The City of Albertville, Wright County, Minnesota
MUNICIPAL SANIT AR Y SEWER CONNECTION: The act of connecting
any property or structure to the city sanitary sewer system such that said
property or structure is able to discharge fluids into the city sanitary sewer
system.
MUNICIP AL SANITARY SEWER DISTRICT: A geographical division of
property within the city providing the basis for the sanitary sewer trunk access
charge.
MUNICIPAL SANITARY SEWER SYSTEM: Any part of the network of
sanitary sewer connections and pipes including the sanitary sewer treatment
plant located Within the City of Albertville, or any lines outside of the City of
Albertville, but which connect to and are serviced by the Albertville sanitary
sewer treatment plant.
MUNICIPAL SANITARY SEWER TRUNK ACCESS CHARGE: A charge
imposed by the city for connection to the city trunk sewer line within a given
sanitary sewer district.
OWNER: An individual or entity holding legal or equitable title to property
within the City of Albertville.
B. Municipal Sewer Trunk District: The city hereby establishes a sanitary sewer
trunk district over all property within the borders identified in Exhibit A.
C. Access Charge Imposed; Exemptions: Municipal sanitary sewer trunk access
charges shall be imposed on all land within this sanitary sewer district so as to
reimburse the costs associated with the installation of trunk lines, lift stations,
and other necessary sewer collection facilities. The city council may, by
resolution, exempt from the municipal sanitary sewer trunk access charge
those lands within the municipal sanitary sewer district which are already
connected to the city municipal sanitary sewer or which have been previously
assessed for the costs of installation of sanitary sewer trunk facilities. No
connection shall be made to the city sanitary sewer system serving the
property of any person or occupants of the land, parcel or premises upon
which municipal sanitary sewer trunk access charges remain unpaid.
D. Amount of Charge: The municipal sewer trunk access charge shall be as
follows:
1. $16,920.00 per acre for all property (but excluding delineated
wetlands) located within the Municipal Sanitary Sewer Trunk District
which is platted or connected to the City's Sanitary Sewer system, plus
interest at a rate of 6.2% per annum from the date of adoption of this
ordinance; and
2. $11,266.65 for any property, regardless of acreage, that connects to the
municipal sanitary sewer system in the area that is shown as the
"Supplemental Connection Charge Required" area on the attached
Exhibit B.
1. All trunk access charges shall be paid to the city at the earlier of:
a. Final plat approval for any plat in which a new sanitary sewer
connection is required in such plat which is located within the
Municipal Sanitary Sewer District.
b. Issuance of a building permit by the city for which a new
sanitary sewer connection is required within the Municipal
Sanitary Sewer District.
2. No fmal plat approval or building permits shall be issued prior to
payment of the trunk access charges unless other arrangements for the
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payment of the sanitary sewer trunk access charge are made and
approved by the city.
3. Payment shall be in cash or by check acceptable to the city.
F. Use of Charges: The city may establish one or more trunk sewer funds and
may credit all trunk access charges collected from this Municipal Sanitary
Sewer District to such funds. Such funds may, as determined by council
resolution, be used to offset costs incurred in the installation of existing or
future sewer lines, or any debt service incurred in the past or to be incurred in
the future to finance the sanitary sewer expansions, improvements, or any
combin~tion of the above within the district.
G. Provisions Not Limiting: This section in no way precludes the city council
from adopting additional ordinances imposing other sewer related charges in
lieu of assessments, or other such ordinances relating to area or service
charges with regard to the city sanitary sewer system, nor does this section
preclude the city from assessing to property owners the costs related to the
installation of sewer lines, trunk mains, or other sewer related facilities
installed by the city.
Passed by the council this
day of
,2009.
Ron Klecker, Mayor
ATTEST:
Bridget Miller, City Clerk
CSAH 37 MUNICIPAL SANITARY SEWER TRUNK DISTRICT
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PID: 101-500-352-301
MUNICIPAL SANITARY SEWER
DISTRICT BOUNDARY
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MARCH, 2009
SUPPLEMENTAL CONNECTION CHARGE
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-1-1- WATERMAIN
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SUPPLEMENTAL CONNECTION CHARGE REQUIRED
CONNECTION TO PUBLIC. UTILITIES LOCATED IN OUTLOT A,
AT ANY LOCATION OTHER THAN' THE SANITARY SEWER AND
WATER STUBS LOCATED NEAREST THE INTERSECTION OF
KARSTON AVENUE NE AND CSAH 37, REQUIRES A
SUPPLEMENTAL CONNECTION CHARGE.
EXHIBIT B
MARCH. 2009
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2009-023
'~ORDINANCE ESTABLISffiNG A
WATER TRUNK DISTRICT FOR SELECTED
PROPERTIES ABUTTING CSAH 37
The City Council of the City of Albertville, Minnesota hereby ordains:
1. Section 9-1-2-3 of the Albertville City Code is hereby amended to read as follows:
9-1-2-3: WATER TRUNK DISTRICT
A. DefInitions: For the purpose of this section, the following words and terms
shall have the meanings set forth in this subsection.
CITY: The City of Albertville, Wright County, Minnesota
MUNICIP AL WATER CONNECTION: The act of connecting any property
or structure to city municipal water system such that said property or structure .
is able to draw water from the municipal water system.
MUNICIP AL WATER DISTRICT: A geographical division of property
within the city providing the basis for the municipal water trunk access
charge. .
MUNICIP AL WATER SYSTEM: Any part of the network of municipal water
connections and pipes located within the City of Albertville, including water
trunk lines and lateral water lines.
MUNICIPAL WATER TRUNK ACCESS CHARGE: A charge imposed by
the city for connection to the city's trunk water line within a given municipal
water district.
OWNER: An individual or entity holding legal or equitable title to property
within the City of Albertville.
B. Municipal Water Trunk District: The city hereby establishes a water trunk
district over all property within the borders identified on Exhibit A attached
hereto.
C. Access Charge Imposed; Exemptions: Municipal water trunk access charges
shall be imposed on all land within this water district so as to. reimburse the
costs associated with the installation of water trunk lines, water mains, and
other necessary water distribution facilities. The city council may, by
resolution, exempt from the municipal water trunk access charge those lands
within the municipal water district which are already connected to the city
municipal water or which have been previously assessed for the costs of
installation of municipal water trunk facilities. No connection shall be made
to the city municipal water system serving the property of any person or
occupants of the land, parcel or premises upon which municipal water trunk
access charges remain unpaid.
D. Amount of Charge: The municipal water trunk access charge shall be as
follows:
"
1.' $6,408.00 per acre for all property (but excluding delineated
.wetlandS) located WIthin the Munici al Water Trunk District which is
or connected to the water s stem Ius interest at a rate of 6.2%
. per annum om e ate of adoption of this ordinance; an .,..
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2. $14,934.86 for any property, regardless of acreage, that comiects to the
municipal water system in the area that is shown as the "Supplemental
Connection Charge Required" area on the attached Exhibit B.
3. No Municipal Water Trunk District charges setout in se tion 9-1-2-1
shall apply to property located within the Municipal Wate '
District defined in section 9-1-2-3.B above.
~ The City Council may amend this charge fro~ time to ~1
E. Time of Payment:
1. All trunk access charges shall be paid to the city at the earlier of
a. pinal plat approval for any plat in which a new municipal water
connection is required in such plat which is located within the
Municipal Water Trunk District.
b. IssuanN~ of ~ hnilding permit by the city for which a new
municipal water connection is required within this Municipal
Water Trunk District.
2. No ~al plat approval or building permits shall be issued prior to
payment of the trunk access charges unless other arrangements for the
payment of the municipal water trunk access charge are made and
approved by the city.
3. Payment shall be in cash or by check acceptable to the city.
F. Use of Charges: The city may establish one or more trunk water funds and
may credit all trunk access charges collected from this Municipal Water Trunk
District to such funds. Such funds may, as determined by council resolution,
be used to offset costs incurred in the installation of existing or future water
lines, or any debt service incurred in the past or to be incurred in the future to
finance the municipal water expansions, improvements, or any combination of
the above within this district.
G. Provisions Not Limiting: This section in no way precludes the city council
from adopting additional ordinances imposing other water related charges in
lieu of assessments, or other such ordinances relating to area or service
charges with regard to the municipal water system, nor does this section
preclude the city from assessing to property owners the costs related to the
installation of water lines, trunk mains, laterals and other water related
facilities installed by the city.
Passed by the council this
day of
,2009.
Ron Klecker, Mayor
ATTEST:
Bridget Miller, City Clerk
CSAH 37 MUNICIPAL WATER TRUNK DISTRICT
MUNICIPAL WATER TRUNK
DISTRICT BOUNDARY
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MARCH. 2009
SUPPLEMENTAL CONNECTION CHARGE
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-1-1- WATERMAIN
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SUPPLEMENTAL CONNECTION CHARGE REQUIRED
CONNECTION TO PUBLIC UTILITIES LOCATED IN OUTLOT A,
AT ANY LOCATION OTHER THAN. THE SANITARY SEWER AND
WATER STUBS LOCATED NEAREST THE INTERSECTION OF.
KARSTON AVENUE NE AND CSAH 37, REQUIRES A
SUPPLEMENTAL CONNECTION CHARGE.
EXHIBIT B
MARCH, 2009