HomeMy WebLinkAbout4E - Green Heights 1st AddnCONSENT AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
4 (e)
RALPH TESCHNER FINANCE DIRECTOR
CONSIDER REQUEST FOR SPECIAL ASSESSMENT REFUND
FROM BETTY SCHERER FOR LOT 19 GREEN HEIGHTS !ST
ADDITION
DECEMBER 5, 1994
Betty Scherer is requesting the City Council to consider the refund for
special assessments pertaining to water and sewer on Lot 19 Green
Heights 1st Addition (PID # 25 102 021 0). See attached map for location.
The reason is due to the fact that the parcel is unbuildable, thereby
receiving no benefit from such improvements.
The Green Heights area was originally served with water and sewer in
1972-73 under project 72-7. The lot was assessed 67.48' of frontage at
$22.00/ff and .23 acres at $755.00/ac. for a total of $1658.21.
Subsequently, in 1985 the street overlay program was initiated and an
additional $1625.20 was assessed for the cost of upgrading the paving.
During the early years of installing water and sewer service throughout the
community, it was established practice to basically assess all parcels with
little respect to lot size or physical features that would impede or prohibit
the development of the parcel. As such, this lot was assessed in its entirety
when in fact 75% of the lot lies within the flood plain and is unbuildable.
From a legal standpoint, the window of appeal period has expired.
Statutory law prescribes that a property owner may contest an assessment
following written notice to the Council within 30 days of the adoption of
the assessment roll and filed within 10 days after at district court. Since
the assessment hearing was 19 years ago, this opportunity has obviously
long since past.
Due to this sequence of events, the City Council is not bound legally to
abate any portion of the assessment. However the issue becomes more of
a moral question from the standpoint of equity and fairness. Because the
lot is not buildable it really receives no benefit and as such should never
have been assessed. Correcting this mistake at this juncture would be
consistent with the City's current assessment policy criteria.
The parcel has been recently sold to Green Heights Club and the final
sewer and water assessment installment has been paid with the 1994
property tax statement. However, before any form of assessment refund
can be considered, Staff has requested that the new property owners
prepare an official document (see attached statement) which basically
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
REVIEWED BY:
recognizes that they will be responsible for a connection fee in lieu of
assessment for the parcel if sewer and/or water connection would occur to
an approved accessory structure on the property in the event the Council
would approve an assessment rebate to Mrs. Scherer since such action
would effectively leave the property unassessed for municipal utility
improvements.
Listed below are three options available for Council consideration:
Deny the requested repayment because of the expiration of
the appeal time period.
R~fund the principal amount of $1,658.21 only as partial
consideration of Mrs. Betty Scherer's request.
3. Refund the entire amount of $2,896.34, to Betty Scherer
subject to Staff's payment requirements.
Based upon the above discussion, Staff would recommend refunding all
past sewer and water assessment installments, including principal and
interest, in the amount of $2,896.34 to Betty Scherer.
Motion
seco ~tfi/~a~to approve as part of the consent agenda or remove for
A9413.WRT
LOT 19 GREEN HEIGHTS 1ST 'ADDITION
20
0UTLOT I
ACKNOWLEDGMENT OF IMPOSITION OF CONNECTION FEES
In consideration of the cancellation of and refund of amounts
paid by Donald B. and Betty Jean Scherer upon certain special
assessments levied by the City of Prior Lake (the City) against
Lot 19, Green Heights First Addition, Scott County, Minnesota, by
virtue of Lot 19 having been determined to be unbuildable, the
undersigned record owners of and holders of mortgages upon Lot 19
acknowledge that in the event that Lot 19 is subsequently made or
determined to be buildable, the City may impose connection or
other fees in lieu of assessments as a condition to issuance of a
building permit or to the connection of Lot 19 to the municipal
water and sanitary sewer systems.
Dated November30, 1994
RECORD OWNERS
D'a~iel E - 0'~efe
/
Cynthia D. O'Keefe~/
MORTGAGEES
NEW MARKET BANK
Donald B. Scherer
Betty Jearf S~cherer
STATE OF MINNESOTA)
COUNTY OF )
The foregoing instrument was acknowledged before me this ~
day of November, 1994, by Daniel O'Keefe and Cynthia D. O'Keefe,
husband and wife.
Notary ~ub~ic '
STATE OF MINNESOTA)
COUNTY OF ~/ )
The foregoing instrument was acknowledged before me this
day of November, 1994, by~,~//~,~~-~ , the
of New Market Bank, a Minnesota dorporation on its behalf.
STATE OF MINNESOTA)
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of November, 1994, by Donald B. Scherer and Betty Jean
Scherer, husband and wife.
Notary ~bTic
This instrument was drafted by:
HUEMOELLER & BATES
Attorneys at Law
16670 Franklin Trail
Prior Lake, MN 55372
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