4. Frontier Trail Assessment Roll 1 4
CITYOF
1 CHANHASSEN
0. , ... 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900 • FAX (612) 937-5739
1 MEMORANDUM
TO: Don Ashworth, City Manager
IFROM: Charles Folch, City Engineer��/
v�
IDATE: September 4, 1991
SUBJ: Adoption of Assessment Roll for the Frontier Trail
Project No. 89-10
I
The public hearing for the adoption of the assessment roll for
1 the Frontier Trail Improvement Project No. 89-10 was opened at
the August 12 , 1991 City Council meeting. The project consultant
engineer, Bill Engelhardt, provided a brief chronological
I history of the project and outlined the key points of the
preliminary assessment roll . Following much discussion, the
public hearing was continued to the September 9, 1991 City
Council meeting in an effort to allow staff and the project
1 consultant engineer to review minutes of the public hearing and
respond to pertinent questions and concerns accordingly.
I Bill Engelhardt is preparing a written response to the relevant
questions and concerns raised at the public hearing which I will
formally present. Bill had a prior commitment scheduled and will
I not be able to attend Monday' s meeting.
I would like to briefly touch upon a few of the common questions
raised concerning the assessment and the project as a whole.
1 First, there were questions raised concerning the quality of
driveways that were constructed. Two driveways in particular
(Differding and Luehr ) were planned to be replaced due to project
1 design constraints . The project inspector notified the
contractor last fall that the initial replacement was not
acceptable and would need to be redone. As such, the contractor
has recently replaced both driveways to acceptable standards . It
I was also mentioned that other driveways had problems . On
Wednesday, September 4, 1991, Bill Engelhardt and myself visually
inspected each written or verbal driveway complaint received. We
I found no other problems related to work performed within the
project limits under City contract.
I There were also some concerns raised by homeowners with lots on
curves related to longer footages being assessed. Staff has
Don Ashworth
September 4, 1991
Page 2
I
reviewed this situation and has such developed a revised
' methodology which hopefully will accommodate the situation . One
method of assessment practice to assess a corner lot, with two
sides abutting roadway improvements, is to assess the full length
' of the short side and one half of the long side . A somewhat
analogous methodology can be made to make it applicable for large
frontage lots on a curve.
' From reviewing the assessment schedule, it was found that the
typical lot width on the project is about 110 feet wide.
Therefore, it is proposed that the larger frontage lots on a
' curve ( in excess of 190 feet ) would be assessed for the 110 foot
typical width plus one-half of the remaining total front footage.
This appears to be an appropriate solution to the question of
fairness of the larger frontage lots on a curve.
On the subject of lot frontage, Mr. Don King ( 7200 Kiowa Circle)
testified that he wanted to have the straight or tangent distance
' to the road considered for his assessment frontage distance. As
you may be aware, Mr . King ' s adjacent frontage to Frontier Trail
abuts the old right-of-way frontage for Frontier Trail as per the
' original plat . It was my understanding that Mr . King had called
staff to request that his platted frontage be considered for the
measurement and as such, even though slightly longer, this
distance was used. He now requests that the frontage be changed
' to the tangent distance to the road which amounts to a total
decrease in assessable frontage of approximately four feet.
Staff has no problems with this since this was the distance to be
used initially.
Last and certainly not least, I will respond to the question of
' the proposed project cost split. The current policy for funding
a storm sewer improvement project of this type is a fifty-fifty
split between assessment to benefitting properties and funding by
the City. The storm sewer improvements that were constructed as
a part of the project were considered to be an area-wide
improvement and as such a "unit"assessment methodology has been
established.
For the street construction portion of the work, a forty-sixty
cost split has been proposed whereby 40% of the street costs are
proposed to be assessed and 60% of the cost is to be funded by
' the City. The rationale for this methodology was a logical and
prudent one . In general, the 40% assessable share for the street
construction represents the costs of new improvements which were
not previously in place such as concrete curb and gutter, street
widening and some of the roadway base and subgrade materials .
These new improvement elements are proposed to be assessed
accordingly.
I
1
Don Ashworth
September 4, 1991
Page 3
I
The question of equality between the assessment proposed for the
recently ordered Minnewashta Parkway project and this Frontier
Trail improvement project has been brought up. The primary
reason for this assessment differential is that these two roads
differ in classification and the type of service they provide to
the City as a whole . Minnewashta Parkway is designated as an
urban collector State-Aid roadway and as such, nearly 50% of the
roadway improvement costs are to be covered by state funds . This
outside funding source greatly reduces the project financial
commitments to be shared by the City and assessed properties .
Frontier Trail is not a State-Aid street and thus cannot employ
this type of funding source.
There was also some question as to how much of a financial impact
would a reduction of the street assessment to a thirty-seventy
split have on the project. This was reviewed and found to be an
amount of approximately $6, 000 per year or $50, 000 total
including principal and interest for the duration of the bonds.
This cost would have to be absorbed by the City in addition to
the currently proposed 60% amount .
It should be noted that the 1990 bond issue which was approved by
City Council last fall incorporated the financial obligations to
this project as a part of that issue . A determination in the
amount of bonding for this project needed to be made last fall .
Mr. Dave MacGillivray of Springsted Group, Inc . and previous
engineer, Gary Warren, developed a bonding format which
incorporated the forty-sixty split for the street construction
and fifty-fifty split for the storm drainage . Again, I would
like to re-emphasize that the basis for this forty-sixty split is
a very logical and prudent one.
At the close of the hearing, if there are no outstanding issues
or questions to be resolved, it would be appropriate for the
Council to adopt the Frontier Trail Project No. 89-10 assessment
roll (dated September 3, 1991 ) and that the assessment term be
set for eight years at an 8% interest rate.
jms/ktm 11 Attachments: 1. Revised Assessment Roll dated September 3, 1991.
2 . Assessment Objections .
c: Dave Hempel, Sr. Engineering Technician ,
Bill Engelhardt, Engelhardt & Associates
Allan Larson, Engelhardt & Associates
1
1
CITY OF CHANHASSEN, MINNESOTA
FRONTIER TRAIL UTILITY AND ROADWAY
IMPROVEMENT PROJECT NO. 89- 10
REVISED 9/3/91
STORM SEWER STREET
ASSESSABLE ASSESSMENT ASSESSMENT
FRONT BASED ON BASED ON TOTAL
P. I .D OWNER FOOTAGE
$1 , 360. 21 /UNIT $23.95/F.F. ASSESSMENT
25-8270010 Malcolm A. & L. MacAlpine 100 ' $ 1 , 360. 21
7187 $2,395.21 $3 , 755. 42
187 Frontier Trail
Chanhassen, MN. 55317
25-8270020 Kevin T. Daniel &
Debra A. Freseth 100 ' $ 1 , 360. 21 $2, 395. 21
$3, 755. 42
7189 Frontier Trail
Chanhassen , MN. 55317
25-8270030 John C. & S. Reger 100 ' $1 , 360. 21
7191 Frontier Trail $2,395. 21 $3 , 755.42
Chanhassen, MN. 55317
25-8270040 Jay & Rebecca Legler 100' $2, 360. 21 $2, 395. 21 $3, 755.42
7193 Frontier Trail
Chanhassen , MN. 55317
25-8270050 William & Mary Ann Schepers 140 ' $1 , 360. 21 $3,353.29 $4 ,713. 50
7195 Frontier Trail
Chanhassen, MN. 55317
25-8270060 Helen L. Loeb ! 78 . 84 ' $ 1 , 360. 21 $ 1 , 888. 38 $3 , 248. 59
7197 Frontier Trail
Chanhassen , MN. 55317
25-8270070 Robert A. Uecker 31 . 94 ' $ 1 , 360. 21 $ 765 .03 $$2, 125. 24
7199 Frontier Trail
Chanhassen , MN. 55317
25-8210010 Rolf G. Engstrom 167. 24 ' $ 1 , 360. 21 $4,005. 40 $5 , 365.61
7201 Frontier Trail
Chanhassen , MN. 55317
I MI MOI MIN OM MI NM • • Mil I NM • • INN Mil • • •
MO — NM MI = — OM ME — I/ MI MI I — NM MN MI MO MI
2
STORM SEWER STREET
ASSESSABLE ASSESSMENT ASSESSMENT
FRONT BASED ON BASED ON TOTAL
P. I .D OWNER FOOTAGE $1 , 360. 21 /UNIT $23.95/F.F. ASSESSMENT
25-8210020 Patrick & Kathryn Pavelko 130' $1 ,360.21 $3, 113.77 $4, 473.98
7203 Frontier Trail
Chanhassen, MN. 55317
25-8219939 Steven & Therese Berquist 110' $1 , 360. 21
7207 $2,634. 73 $3 , 944. 94
207 Frontier Trail
Chanhassen , MN. 55317
25-8210040 Walter & H. Bielski 110' $1 ,360.21
$2,634. 73 $3, 994. 94
7209 Frontier Trail
Chanhassen, MN. 55317
25-8210050 William C. & B. Arons 110' $ 1 , 360. 21
7211 $2,634. 73 $3,994.94
211 Frontier Trail
Chanhasen, MN. 55317
25-8210060 Donald D. & J. King 168. 50 ' $1 ,360. 21 $4 , 035. 58 $5 ,395. 79
7200 Kiowa Circle
Chanhassen, MN. 55317
25-8210070 Robert Downs & Susan Hanson 118.08 ' $1 , 360. 21
$ 0. 00 $1 , 360.21
7202 Kiowa Circle
Chanhassen, MN. 55317
25-8210080 Barry & Katrina Trent 105. 03 ' $1 , 360. 21 $ 0. 00 $1 , 360 . 21
7204 Kiowa Circle
Chanhassen , MN. 55317
25-8210090 Charles H. & Ursala Dimler 156. 03 ' $1 , 360. 21 $ 0. 00
$1 , 360. 21
7203 Kiowa Circle
Chanhassen , MN. 55317
25-8210100 Donald K. & C. Sueker 115 ' $1 , 360. 21 $2 , 754. 49 $4 , 114 . 70
7194 Frontier Trail
Chanhassen , MN. 55317
3
STORM SEWER STREET
ASSESSABLE ASSESSMENT ASSESSMENT
FRONT BASED ON BASED ON TOTAL
P. I .D OWNER FOOTAGE $1 , 360.21/UN1T $23.95/F.F. ASSESSMENT
25-8210110 Peter J. Huber 110 ' $ 1 ,360. 21 $2,634. 73 $3,994.94
7196 Frontier Trail
Chanhassen, MN. 55317
25-8210120 Jack D. & F. Barnes 110' $1 , 360.21 $2,634. 73 $3,994.94
7198 Frontier Trail
Chanhassen , MN. 55317
25-8210130 Evelyn L. Bakke 178. 46 ' $1 , 360. 21 $4,274. 12 $5,634.33
7200 Frontier Trail
Chanhassen , MN. 55317
25-8210140 Dave W. & B. Halverson 169. 48' $1 , 360. 21 $4,059.05 $5, 419.26
7206 Frontier Trail
Chanhassen, MN. 55317
25-8210150 Robert & Threse Thielges 110' $ 1 ,360. 21 $2 ,634. 73
$3 ,994.94
7208 Frontier Trail
Chanhassen, MN. 55317
25-8210160 Joseph & Kathleen Witkewics 110 ' $ 1 , 360. 21
7210 Frontier Trail $2,634. 73 $3, 994 .94
Chanhassen , MN. 55317
25-8210170 Robert A. & C. Scholer 110' $ 1 , 360. 21 $2,634. 73
$3 , 994. 94
7212 Frontier Trail
Chanhassen, MN. 55317
25-8210180 Gary D. & Kay L. Boyle 110 ' $ 1 , 360. 21 $2, 634. 73 $3,994 . 94
7214 Frontier Trail
Chanhassen , MN. 55317
25-8210190 Harold & Leona Kerber 100 ' $ 1 , 360. 21
7216 $2, 395. 21 $3 , 755. 42
216 Frontier Trail
Chanhassen, MN. 55317
•
MN 1111111 MN NM Ell 11. NM INE MI NM MO INNI MN Mil NM 1.1 INN • NM
I MI 111 MI III 111 II 0 I 1111 I 111 III 111 MO MI II UM 111 OM MOM NM IIIMM OM IIMM MOM MOO 1111 MOO
4
STORM SEWER STREET
ASSESSABLE ASSESSMENT ASSESSMENT
FRONT BASED ON BASED ON TOTAL
P. I .D OWNER FOOTAGE $ 1 ,360.21/UNIT $23.95/F.F. ASSESSMENT
25-8210200 Michael H. Roberts &
Pamela A. Galas 100 ' $1 ,360. 21 $2,395. 21 $3, 755. 42
7218 Frontier Trail
Chanhassen, MN. 55317
25-8210210 Craig & Deborah Luehr 99 .99 ' $1 ,360. 21 $2,394. 97 $3 , 755. 18
7226 Frontier Trail
Chanhassen , MN. 55317
25-210220 Paul & Ellen Differding 110' $ 1 ,360.21 $2,634.73 $3 ,994. 94
7228 Frontier Trail
Chanhassen, MN. 55317
25-8210230 Thomas & Kathleen O'Leary 110' $1 , 360.21 $2,634. 73 $3,994.94
7230 Frontier Trail
Chanhassen , MN. 553177
25-6780010 Sunrise Hills
c/o Marilyn Holter 50. 17' $1 , 360. 21 ' $ 1 , 201 .67 $2, 561 . 88
7201 Frontier Trail
Chanhassen, MN. 55317
25-8220010 James R. & L. Kraft 110' $ 1 , 360. 21 $2 ,634. 73 $3 ,994.94
72113 Frontier Trail
Chanhassen, MN. 55317
25-8220020 Bruce K. & S. Savik 110. 09 ' $ 1 , 360 . 21 $2 , 636. 88 $3 ,997. 09
7215 Frontier Trail
Chanhassen , MN. 55317
25-8220030 Adolfo & Leonor Zamerano 159. 35 ' $ 1 , 360. 21 $3 ,816. 43 $5 , 176 .64
7301 Frontier Trail
Chanhassen, MN. 55317
•
5
STORM SEWER STREET
ASSESSABLE ASSESSMENT ASSESSMENT
FRONT BASED ON BASED ON TOTAL
P. I .D OWNER FOOTAGE' $1 , 360.21/UNIT $23.95/F.F. ASSESSMENT
25-8220040 David J. Wollan &
Susan K. Lippka 159. 35 ' $ 1 ,360. 21 $3,816.43
$5, 176. 64
7303 Frontier Trail
Chanhassen , MN. 55317
25-8220050 Joel & Mary Jenkins 110' $1 ,360.21
$2,634. 73 $3,994.94
7305 Frontier Trail
Chanhassen , MN. 55317 .
25-8230020 Robert & C. Scholer 151 . 23 ' $1 ,360.21
7212 Frontier Trail $3,621 . 96 $4 ,982. 17
Chanhassen, MN. 55317
25-8230030 Scott M. &
Theresa Mercier Dever 97. 0 ' $ 1 ,360.21 $2, 323.35 $3, 683. 56
7220 Frontier Trail
Chanhassen, MN. 55317
25-8200010 Edward C. Jordan 69. 5' $1 , 360. 21 $ 1 ,664. 53 $3,024. 74
7341 Frontier Trail
Chanhassen , MN. 55317
25-8200020 Edward C. Jordan 135 ' $ 1 , 360. 21 $3,233. 53 $4 , 593. 74
7341 Frontier Trail
Chanhassen , MN. 55317
25-8200030 Arlis A. Bovy 100 ' $ 1 , 360. 21 $2, 395. 21 $3 , 755. 42
7339 Frontier Trail
Chanhassen, MN. 55317
25-8200040 Richard & Jennifer Kedrowski 100 ' $ 1 , 360. 21 $2,395. 21 $3, 755. 42
7337 Frontier Trail
Chanhassen , MN. 55317
25-8200050 Fred L. Cuneo, Jr . 100. 07 ' $ 1 ,360.21 $2,396. 88 $3 , 757. 09
7335 Frontier Trail
Chanhassen, MN. 55317
M MI IIMM OM OM UM Mr MU OM MMO MO I OM MN 01111 ME 11.11 ME MO
MO MO M OMM MO OM OM M
6
STORM SEWER STREET
ASSESSABLE ASSESSMENT ASSESSMENT
FRONT BASED ON BASED ON TOTAL
P. I .D OWNER FOOTAGE $ 1 , 360.21/UNIT $23.95/F.F. ASSESSMENT
25-8200060 Joel & Wendy M. Wiens 100' $1 , 360. 21 $2,395.21 $3, 755. 42
7333 Frontier Trail
Chanhassen, MN. 55317
25-8200070 Susan L. Johnson 100' $1 ,360. 21 $2,395.21 $3, 755. 42
7331 Frontier Trail
Chanhassen, MN. 55317
25-8200080 Kenneth R. & Lois J. Groen 100 ' $1 , 360. 21 $2,395. 21 $3, 755. 42
7329 Frontier Trail
Chanhassen, MN. 55317
25-8200170 Richard & G. Pearson 140' $1 , 360. 21 $3,353.29 $4, 713.50
7307 Frontier Trail
Chanhassen , MN. 55317
. 25-8200180 Wayne L. & K. Mader 146.61 ' $ 1 ,360. 21 $3, 511 .61 $4, 871 . 82
400 Highland Drive
Chanhassen , MN. 55317
25-8200240 Donald M. & D. Huseth 110' $1 ,360. 21 $2, 634. 73 $3,994.94
7332 Frontier Trail
Chanhassen , MN. 55317
25-8200250 James J. & R. Waletski 110' $1 , 360. 21 $2,634. 73 $3, 994. 94
7334 Frontier Trail
Chanhassen , MN. 55317
25-8200260 John P. & R.C. Spalding 110' $1 , 360. 21 $2,634 . 73 $3 ,994.94
7336 Frontier Trail
Chanhassen , MN. 55317
25-8200270 James & Linda Mady 100. 62 ' $1 , 360.21 $2, 410.06 $3, 770 .27
7338 Frontier Trail
Chanhassen, MN. 55317
7
STORM SEWER STREET
ASSESSABLE ASSESSMENT ASSESSMENT
FRONT BASED ON BASED ON TOTAL
P. I .D OWNER FOOTAGE $1 , 360.21/UNIT $23. 95/F.F. ASSESSMENT
25-8200280 Thomas R. & S. Pzynski 168.81 ' $ 1 ,360.21 $4,043.00
$5 ,402 .21
7340 Frontier Trail
Chanhassen, MN. 55317
25-0800320 Robert & Sally Horstman* 40 ' $1 ,360. 21 $ 958.08 $2,318. 29
7343 Frontier Trail [+ *1 $4,095.29*
Chanhassen, MN. 55317
* City added assessment $1 , 777 .00 for surge basin and sanitary sewer extension.
IIIIIII MI • OM OM MN INIO IMIN il. I NM MON 1.0 MIN MI — ' INN M
I
ASSESSMENT OBJECTION LIST
I
FRONTIER TRAIL IMPROVEMENT PROJECT 89-10
Parcel No. 25-8210210 Parcel No. 25-8200270 I
Dr. Craig & Deborah Luehr Jim & Linda Mady
7226 Frontier Trail 7338 Frontier Trail
IAssessment Amt. : $3,755.18 Assessment Amt. : $3,770.27
- Parcel No. 25-8210220 Parcel No. 25-8210060
Paul & Ellen Differding Donald King
I
7228 Frontier Trail 7200 Kiowa Circle
Assessment Amt. : $3,994.94 Assessment Amt. : $5,487.63
Parcel No. 25-8200180 Parcel No. 25-8200010 I
Wayne & Kathy Mader Edward C. Jordan
400 Highland Drive 7341 Frontier Trail
Assessment Amt. : $4,871.82 Assessment Amt. : $5,288.35
I
' Parcel No. 25-8220030 Parcel No. 25-8220050
Mrs. Leonor Zambrano Joel & Mary Jenkins
I
Adolfo Zambrano 7305 Frontier Trail
7301 Frontier Trail Assessment Amt. : $3,994.94
Assessment Amt. : $6,358.76
II
Parcel No. 25-8210020 Parcel No. 25-8200060
Kathryn A. Pavelko Joel Wiens
7203 Frontier Trail 7333 Frontier Trail
I
Assessment Amt. : $4,473.98 Assessment Amt. : $3,755.42
Parcel No. 25-8200280 Parcel No. 25-8210180 I
Thomas & Shirley Pzynski Gary Boyle
7430 Frontier Trail 7214 Frontier Trail
Assessment Amt. : $6,812.18 Assessment Amt. : $3,994.94
I
Parcel No. 25-8200250 Parcel No. 25-8220010
J. J. Waletski James Kraft
7334 Frontier Trail 7213 Frontier Trail
Assessment Amt. : $3,994.94 Assessment Amt. : $3.994.94
Parcel No. 25-8200030 Parcel No. 25-8200240
Arlis Bovy Don Huseth I
7339 Frontier Trail 7332 Frontier Trail
Assessment Amt. : $3,755.42 Assessment Amt. : $3,994.94
Parcel No. 25-8220040 Parcel No. 25-8210190 II
David & Susan Wollan Harold Kerber -
7303 Frontier Trail 7216 Frontier Trail
Assessment Amt. : $6,358.76 Assessment Amt. : $3,755.42
Parcel No. 25-8210110 Parcel No. 25-8210030 I
Peter J. Huber Steven & Therese Berquist
7196 Frontier Trail 7207 Frontier Trail
Assessment Amt. : $3,994.94 Assessment Amt. : $3,994.94
1
August 6, 1991 CITY OF CiiiinVT:
IFRIPNIP
i City Clerk AUG 0 6 1991
City of Chanhassen
690 Coulter Drive
P.O. Box 147 � GI! ` DEPT.
Chanhassen, Minnesota 55317 RECEIVED
RE: Assessment of Improvement Number 89-10 AUG 0 6 1991
Dear City Clerk: CITY OF CHANHASSE�,
We, Dr. Craig Luehr and Deborah Luehr, of 7226 Frontier Trail, Chanhassen,
' Minnesota 55317 (Parcel No. 25-8210210), are submitting this written
notice to you regarding the improvement project #89-10. This is in
' response to the notice we received of the public hearing to consider the
proposed assessments for the Frontier Trail Improvement Project for
Street Reconstruction and Storm Sewer, in which the proposed assessment
' against our property is $3,755.18.
We moved to 7226 Frontier Trail in May of 1990 after the initial meetings
' regarding the reconstruction project were held. After reconstruction was
well underway, it became obvious that our drive would have to be redone
in order to connect with the new roadway, properly. Merely, connecting
the new apron to the existing driveway would have rendered the drive too
steep to use. The city and the contractor agreed that our entire drive
' would need to be torn out, regraded, and resurfaced to produce an
acceptable grade. We were told that this driveway would be as good as
our old one and that we would have a two year guarantee starting the
' summer of 1991 after final approval of the project.
' The subcontractor, Mueller and Sons, put in a new driveway and within
the first week it was obvious that our drive had severe problems. Before
any vehicles drove over our drive, cracks had developed and there were
' soft areas that would give as you stepped on them. The subcontractor
came back and poured a second coat on top of the first. This was all done
by the end of August, 1990. During the winter we noticed a small problem
' where the concrete apron and the blacktop met. The blacktop had raised
up and was chipping off.
We avoided parking on it until this spring. In` May, 1991 after the
blacktop should have cured quite adequately, we parked a car on our drive
1 and when we moved it, we had four dents in the drive. Our old driveway
1
•
was parked on regularly without giving way. Subsequently, we parked
our cars in several different places on the drive and had many dents occur.
We also noticed an unevenness (hints of ruts) on the lower part of the
drive which seemed to be caused from cars traveling up and down the
drive.
After contacting the city and the contractor's office, representatives of the
contractor and subcontractor discussed the situation with us. Because the
representatives were concerned about the quality of the surface material,
they decided to take a sample of the driveway to determine its quality. A
few weeks later a crew was at our door to oil the surface and put rock on
it. We were not informed of this development in advance nor have we
ever been told whether a sample was taken and what the results were if
done. To date, the loose gravel has not been removed. Because the
problem dents were torched out and the unevenness is now under tar and
loose rock, we are concerned that our problems are being covered up.
We feel that the problems with our drive go deeper than any surface
treatment and fear that we still have subsurface and/or asphalt quality
problems, in other words, a driveway much inferior in quality to the one it
has replaced. Throughout this project, it seems we have had to deal with
the contractors and have not had as much support from the City of
Chanhassen as we needed. At this point in time, the future of our
driveway is very much in question and we fear an unwarranted future
expense on our part. There are several unanswered questions and we
cannot agree to finalizing an assessment until they are answered to our
satisfaction.
Sincerely yours
itOeittA4 tezzeii
Dr Craig Luehr & Deborah Luehr
7226 Frontier Trail
Chanhassen, Minnesota 55317
t i
I
I
�- August 6, 1991 'k¢"' CHANBA SSEP
°,'E,r2riiim-p
91.61iiCity Clerk
City of Chanhassen AUG 06 1991
690 Coulter Drive RECEIVED
P.O. Box 147 ENGINEERING DEPT.
' Chanhassen, Minnesota 55317 AUG 0 61991
RE: Assessment of Improvement Number 89-10 CITY Ur UnsNHASSEN
Dear City Clerk:
We, Paul Differding and Ellen Differding, 7228 Frontier Trail
g g, Trail,
Chanhassen, Minnesota 55317 (Parcel No. 25-8210220), are submitting
' this written notice to you regarding the improvement project #89-10. This
is in response to the notice we received of the public hearing to consider
the proposed assessments for the Frontier Trail Improvement Project for
Street Reconstruction and Storm Sewer, in which the proposed assessment
against our property is $3,994.94.
After reconstruction was well underway, it became obvious that our drive
would have to be redone in order to connect with the new roadway,
properly. Merely, connecting the new apron to the existing driveway
would have rendered the drive too steep to use. The city and the
' contractor agreed that our entire drive would need to be torn out,
regraded, and resurfaced to produce an acceptable grade. We were told
that this driveway would be as good as our old one and that we would
' have a two year guarantee starting the summer of 1991 after final
approval of the project.
The subcontractor, Mueller and Sons, put in a new driveway and within
the first week it was obvious that our drive had severe problems. Before
' any vehicles drove over our drive, uneven and soft areas developed. After
a second coat of asphalt was poured on top of the first, the new elevation
of the driveway was higher than the garage floor trapping water inside the
' garage. This was all done by the end of August, 1990. During the winter
we noticed a small problem where the concrete apron and the blacktop
met. The blacktop had raised up and was chipping off.
' In the spring of 1991 we observed several areas of settling,P g g, particularly
where vehicles park for a period of time. Our old driveway was parked on
regularly without giving way. Subsequently, we parked our cars in several
different places on the drive and had many dents occur. We also noticed
1
I
an unevenness (hints of ruts) on the lower part of the drive which seemed 1
to be caused from cars traveling up and down the drive.
After contacting the city and the contractor's office, representatives of the 1
contractor and subcontractor discussed the situation with us. Because the
representatives were concerned about the quality of the surface material, '
they decided to take a sample of the driveway to determine its quality. A
few weeks later a crew was at our door to oil the surface and put rock on
it. We were not informed of this development in advance nor have we
ever been told whether a sample was taken and what the results were if
done. To date, the loose gravel has not been removed. Because the
problem dents were torched out and the .unevenness is now under tar and
loose rock, we are concerned that our problems are being covered up.
•
We feel that the problems with our drive go deeper than any surface
P g P Y
treatment and fear that we still have subsurface and/or asphalt quality
problems, in other words, a driveway much inferior in quality to the one it
has replaced. Throughout this project, it seems we have had to deal with
the contractors and have not had as much support from the City of
Chanhassen as we needed. At this point in time, the future of our
driveway is very much in question and we fear an unwarranted future
expense on our part. There are several unanswered questions and we
cannot agree to finalizing an assessment until they are answered to our
satisfaction.
Please find enclosed a copy of the original contract of 1983 for the
installation of our prior driveway.
Sincerely yours,
P _ - 1
o
aul Differding�llen Dii�ferdin
g '
7228 Frontier Trail
Chanhassen, Minnesota 55317
I
j r
I
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— ` Pro )age No. of Pages
/. Proposal
1 BOX 175
Pa ,♦ ��� YOUNG AMERICA, MINN. 55397
! ♦ C (612) 467-3306
(METRO) 332-9096
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PROP SAL SUBMITTE O PHONE DATE
III (AL RIFF D1u G _ 9 4 -7 28 .5/ �4 83
ST EET
` ,('�'� • �OB NAME
f CITV,STA E ZIP CODE • (yll C ,C r t , 'D1 zeI2 01 N G feeS
JOB LO ATION
, 5531-4 _i - -' S _ -
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l/I ARCHITECT DATE OF PLANS - • JOB PHONE
'' We her eby Submit specifications and estim ates
for:
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NOTICE OF LIEN:
Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the
Iimproved land if they are not paid for their contributions,even if such parties have no contractual relationship with the
owner. Minnesota law permits the owner to withhold from his contractors so much of the contract price as may be
necessary to meet the demands of all other lien claimants, pay directly such liens and deduct the cost thereof and the
contract price, or withhold amounts from his contractor until the expiration of ninety[90] days from the completion of
such improvements unless the contractor furnishes to the owner waivers of claims for mechanics lien signed by persons
-who furnished any labor or material for the improvement and who provided the owner with timely notice.
The owner hereby•wiives all"further requirements of notice under Minnesota Statute 514.011.
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/^� T We Propose hereby hherrebbyytto furnish material and labor—rccomplete in accordance with above cifiica/tiions,for the sum of:
t I Ki e t 1- S H 1\) 1✓�4 1 U JE GO * ce Gia lays(S 1 . 4.8°°
Payment to be made as follows: e 1 1.
I J 5% Dow n) 6J2"° ) 1?__,(/iA1 J' G-(Z... V oN CCY a ..C77d
1� )3
I oc pa-07-1 . -i _
All material is guaranteed to be as specified.All work to be completed in a workman-
like manner according to standard practices.Any alteration or deviation from above Authorized Alibi
i
specifications involving extra costs will be executed only upon written orders,and Signature -. - -
_
will become an extra charge over and above the estimate.All agreements contingent ��
upon strikes, accidents or delays beyond our control.Owner to carry fire,tornado Note:This proposal may be
pensation Insurance.insurance.Our workers are fully covered by Workmen's Corn- withdrawn by us if not accepted within efay�
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( Accetance of Proposal-The above prices,specifications
and conditions are satisfactory and are hereby accepted.You are authorized Signature
to do the work as specified.Payment will be-made as outlined above. ,/`�,
` Date of Acceptance %I 'j X 3 Signature •
VVV j
IPROPOSAL AND ACCEPTANCE
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August 7, 1991 1
RECEWEI)
Mr. Don Ashworth AUG 12 1
City Clerk/Manager 991
City of Chanhassen CITY Ur �NhNhAS$�R ,
Chanhassen, MN 55317
Dear Mr. Ashworth: '
This letter is in response to the Special Assessment Notice
concerning the Improvement No. 89-10, in what pertains to Parcel
No. 25-8220030 at 7301 Frontier Trail.
We believe the City Council's policy for calculating the assessment
is in dire need of revision to bring it to fairness. '
Our property was assessed $6,358.76. This same amount of money
invested somewhere else in our house would have increased more
substantially the value of the property.
Other properties of equal value but with less front footage will be
paying less while benefiting equally or substantially more from the
improvement. Since service is the primary objective of these type
of projects, the assessment should perhaps be ,calculated in
proportion to the number of households, with some of the cost to be
absorbed by the city's community service funds.
We fail to see the benefit of paying this high assessment level
when similar improvements in other cities are assessed at a
significantly lower level. The sad part, though, is that after
this improvement we still do not have satisfactory drainage in our
property. I
We hope the City Council finds a more equitable formula to
redistribute the cost of this community improvement. 1
Sincerely,
Mrs. onor Z r- • CITY OF CliANHASSEN ,
• 0, worig,4/
o • ra
AUG 12 1991
ENGINEERING DEPT. 1
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Thomas & Shirley Pzynski
7430 Frontier Trail
1 Chanhassen, MN 55317
August 8, 1991
' City Clerk I
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Subject: Improvement Project No: 89-10
Proposed assessment for parcel # 25-8200280
We have received the special assessment notice and we are
' submitting our written objections to the proposed assessment
amounting to $6, 812. 18 on parcel * 25-8200280.
Our first objection deals with the method used to calculate the
assessment. Although it did not state in the assessment notice,
we understand that each property owner was assessed based on the
amount of linear footage adjacent to the improved roadway. Any
assessment should be based on a unit basis, not linear footage.
' No property owner benefits any more nor any less based on linear
footage adjacent to the roadway.
We have spoken to several professional real estate appraisers and
' real estate sales persons who share the same opinion. Street
improvements do not affect any property based on linear footage
adjacent to the roadway but rather affect the perceived value of
the subject property together with the neighborhood as a whole.
T. S. Forsythe, Forsythe Appraisals, Inc. , states, "Market
analysis suggests there is very little correlation between
assessments based on a linear front foot basis in the additional
"contributory" value of the street improvements. " Therefore, any
assessment for street improvements should be calculated on a per
unit basis.
Our second objection is the amount of the assessment itself. The
assessment on our property, $6812. 18, amounts to 6. 26% of the
assessed market value of $108, 700. 00 set by the county for 1991.
It is not possible nor realistic to expect such an increase in
the value of our property based on street improvements. At most,
an increase of 1 to 2% could be expected.
' Again, the number of real estate appraisers and sales persons we
have spoken to agree. One stated, "Buyers would typically pay
only 1% to 2% more for a property with street improvements. "
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Our third objection is to the term of payment, 8 years, and the
rate of interest, 87. of the unpaid balance. The term for payment
should be longer, 10 to 15 years. The rate of interest is much
too high.
If the proposed term and interest rate is used our monthly
expenses would increase by $96. 30. Given the present state of
the economy and the struggle in starting a new business we just
cannot afford such an increase.
If the term and interest rate were changed to 10 years at 6. 5%
the monthly increase in expenses would be $77. 35. A further
increase to a 15 year term would mean a monthly expense increase
of $59. 34, something we could tolerate.
Our fourth objection covers the use of the roadway and who it
benefits. Each property owner benefits from the use of the
roadway as a matter of utility. Other citizens of Chanhassen
also benefit from the use of the new roadway because Frontier
Trail is one of the major streets through Chanhassen. Frontier
Trail is very busy each day with commuters from the north and
west using it as a preferred route to Hwy. 101 and points east.
If this is the case, what is the split between the city as a
whole and the property owner?
Our fifth objection is the lack of information submitted by the
city regarding this project. What portion of the proposed
assessment is for the roadway and what portion, if any, is for
the storm sewer? What was the total cost of the project? What
was the total cost for each segment of the total project,
roadway, curbs, water main, sanitary sewer, storm sewer?
If any portion of the assessment is for the storm sewer? , Are we
not already assessed on our sewer and water bill? Or is the fee
only for the sanitary sewers?
We will not be able to attend the special meeting on August 12, '
1991 and would like our written objections be made part of the
official record. We will appeal to the district court if the
proposed assessments are passed as is.
Sin relr urs/
,241eve,.
Thomas zfyns i
Shirley Pzynski
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• . ��«'" , �"` . X11 CITY OF C SSEN. MINNESOTA i
,SPECIAL ASSESSMENT NOTICE
CORRECTION
I
FRONTIER TRAIL IMPROVEMENT PROJECT NO. 89-10
Please be advised as to a correction to the Special Assessment I
Notice which you have recently received for the above-referenced
project. The correction relates to the issue of partial prepayment
I
of the assessment. Partial prepayment of the assessment is
permitted during the 30-day period after the assessment has been
levied and before it has been certified to the County. Therefore, I
the last sentence of the third paragraph on page 1 of your special
assessment notice should read as follows:
"Partial prepayment of the assessment is permitted during
I
the 30 days after the assessment hearing date."
Please be advised of this correction.
I
4/0 LO2
Don Ashworth
City Clerk/Manager
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1 - RECEIVE()
AUG 12 1991
CITY OF CHANHP:SEN,
1 City of Chanhassen August 11, 1991
690 Coulter Drive
' Chanhassen, MH 55317
Attn: Don Ashworth, City Clerk/Manager
' Ref: Improvement project Ho. 89-10
Parcel # 25-8200180
' We are writing with objection to the assessment of our property
for the reference project. Having attended public hearings prior
to this assessment we have not been informed about the percentage
shared by the city as promised. We first ask what was this
' percentage that determines the homeowners share? By not being
open with the homeowners regarding a breakdown of cost of each
segment of the project and the city's share, we feel that the
' City is trying to put something past us. These items will become
public knowledge anyway, why not be up front with them? Also,
regarding the City's share, Frontier Trail has become a benefit
' to many homeowners west of Sunrise Hills since it was opened up.
Put yourself in our shoes. Suppose you own a piece of property
along a street that used to end a few blocks down the road. Then
the City opens it up to several hundred new homes. Now you get
more traffic, cars traveling faster, and a big assessment.
Doesn't seem fair, does it?
Secondly, we object to the City Council's policy of
' assessment by property frontage. This is a very unfair method of
assessment because each homeowner along the roadway benefits
equally from its improvement. This method would be fair if like
' in the inner city property lots are equal in size (lineal
frontage). We believe this was where this method of assessment
began. In typical suburban areas where developers lay out
streets with curves and cul-de-sacs, the lots have irregular
' shapes. Many end up with a pie shape. Some of the lots have the
center of the pie at the roadway, some have the circumference of
the pie at the roadway. The latter are unfairly assessed if the
frontage method is used. In such a situation if the lots are of
the same square footage and the homes of the same value, how can
it be considered fair if the lot with the center of the pie for
frontage is assessed considerably less that the other? They both
' have equal benefit of the improved roadway. The Frontier Trail
project consists of several of these situations. We therefore
contend that this assessment should be on a unit basis rather
' than a lineal footage basis.
CITY OF fiN ASSE
' 7 r-.-+r r r
LLOISI 1E1
AUG 1 2 1991
ENG DEPT.
1
Lastly, we object to the rigid policy regarding payment of
the assessment. Why can't we make a partial payment after the 30
days in order to bring the monthly financed amount down? We also
feel that 8% is a little high, particularly since prime is down
and expected to go down further.
In conclusion, we object to our *4871. 82 assessment. We
expected our assessment to be about *3000. This comes to us at a
time in our life that is quite difficult financially. I started
my own business a year ago in a very unfavorable economy. The
county assessor informed us that our real estate taxes will
double next year. In December we will be in our home for 17
years. Due to these tax increases it may regrettably be our last
year in Chanhassen.
Sincerely, ,
/dal .
,4/-7/r(1-e0-,W-4-de-‘1
Wayne Mader
Kathy Mader
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August 12, 1991
Attn: Don Ashworth and/or City Council
' City of Chanhassen
PO Box 69
Coulter Drive
Chanhassen, MN 55317
' Dear Don:
1 In receipt of the announcement of public hearing concerning
Frontier Trail street, sanitary and storm sewer improvements,
please accept this letter as our formal complaint as to the amount
' of the assessment allocated to those properties involved in the
assessment.
We believe your communication was unclear as to the percentage
ratios per the home owner and city allocation. Gary Warren, City
Engineer, and other staff members informed us at the last formal
meeting that no decision had been made as to the percentage ratios
and that further hearings would need to be held after the project
was completed to determine those ratios. Your communication is
also unclear as to the total cost of the project and we believe
that there is still to be a skim coat applied before fall of '91 to
' minimize the effect of the soft asphalt which makes up the base and
the current finish coat currently surfacing the road.
' Therefore, we would suggest that all properties adjacent to the
improved roadway be assessed equally. In addition, we feel home
owners who only have access from their property to other parts of
the City via the improved roadway should be assessed an equal
proportion, specifically counsel member Dimler and others
living on Kiowa Circle [similarly to what I understand is the
City's position on the Minnewashta Parkway project] .
' We have concerns about the fact that Frontier Trail is the first
street to be redone in the City and that policy was to have been
' made to set precedent on all future rebuilding of City streets. It
appears to us that no policy has yet been set, however, the
Minnewashta Parkway project similar in nature is setting home owner
' assessments at a cost significantly lower than those proposed for
the Frontier Trail project. We would encourage the City Council
and Staff to establish a street rebuilding tax fund so that
assessments are equally established throughout the City on all tax
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Mr. Don Ashworth II
August 12, 1991
Page Two I
payers and that Frontier Trail be included in that special tax I
funding.
In reading your correspondence, it appears there is a penalty for
prepayment of the amount due. We would appreciate clarification as
II
to the law concerning prepayment of assessments at any time during
the repayment spread out period. We also would appreciate
clarification as to if the interest paid on the spread out option
II
is income tax deductible or considered a personal interest item.
Furthermore, we would want to know if bonds are being let to fund
this project if there is a call or put option prior to the maturity II such that the interest rate may be lowered. And, if those cost
savings will be passed through to the home owner.
Thank you for your cooperation and response.
II
Best r garde,
.et le--d--67-74-/q%14-"e At (Ife-:47/ II
The undersigned Frontier Trail home owners involved in this
II
assessment district submit this as their contestment of assessment.
Z ,<e-z-- ) 333 fry. /e7 /re
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August 12, 1991
Attn: Don Ashworth and/or City Council
City of Chanhassen
' PO Box 69
Coulter Drive
Chanhassen, MN 55317
' Dear Don:
In receipt of the announcement of public hearing concerning
Frontier Trail street, sanitary and storm sewer improvements,
please accept this letter as my formal complaint as to the amount
of the assessment allocated to my property and those properties
' involved in the assessment.
I believe your communication was unclear as to the percentage
1 ratios per the home owner and city allocation. My memory indicates
Gary Warren, City Engineer, and other staff members informed us at
the last formal meeting that no decision had been made as to the
' percentage ratios and that further hearings would need to be held
after the project was completed to determine those ratios. Your
communication is also unclear as to the total cost of the project
and I believe that there is still to be a skim coat applied before
' fall of '91 to minimize the effect of the soft asphalt which makes
up the base and the current finish coat currently surfacing the
road.
I also believe that the front footage allocation is not fair to all
property owners. Even though this would mean an increase in my
assessment, I do not feel that the shape of a person's lot or if
' they are located on a cul de sac minimizes or maximizes their usage
of the road or improves the value of their property
disproportionately. Therefore, I would suggest that all properties
adjacent to the improved roadway be assessed equally. In addition,
I feel home owners who only have access from their property to
other parts of the City via the improved roadway should be assessed
an equal proportion, specifically counsel member Dimler and others
1 t P
AUG. 2 1991
1
Mr. Don Ashworth II
August 12, 1991
Page Two
II
living on Kiowa Circle [similarly to what I understand is the
City's position on the Minnewashta Parkway project] . I
I have concerns about the fact that Frontier Trail is the first
street to be redone in the City and that policy was to have been II made to set precedent on all future rebuilding of City streets. It
appears to me that no policy has yet been set, however, the
Minnewashta Parkway project similar in nature is setting home owner II assessments at a cost significantly lower than those proposed for
the Frontier Trail project. I would encourage the City Council and
Staff to establish a street rebuilding tax fund so that assessments
are equally established throughout the City on all tax payers and
II
that Frontier Trail be included in that special tax funding.
In reading your correspondence, it appears there is a penalty for II prepayment of the amount due. I would appreciate clarification as
to the law concerning prepayment of assessments at any time during
the repayment spread out period. I also would appreciate
clarification as to if the interest paid on the spread out option
II
is income tax deductible or considered a personal interest item.
Furthermore, I would want to know if bonds are being let to fund
this project if there is a call or put option prior to the maturity II such that the interest rate may be lowered. And, if those cost
savings will be passed through to the home owner.
Thank you for your cooperation and response. I
2:5
Best regar II
-10110", , 41, /
imok-ff yo-4#4--;(-4)
• oel and Mary - kins II
7305 Frontier •ail
Chanhassen, MN 55317
934-6866
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City Cler -
ICity v e ,
690 Coulter O._cult r Dri
F. 0. Box 147
Chanhassen , Mn 5E:317
Re: Improve:rierit #80-10 Parcel #25-8200270
As required by law, this letter serves as our official objection to the
I above referenced assessment in the
amount of $3 , 770 . 27 . Objections to the
proposed a_ssessrrlerit are as follows :
Work:,:,_nshiy quality of materials , etc .
a . Curb an g. .r at 7338 Frontier Trail already is cracked
Iand see_'ra-t--j fr- ..t to back . Repaired in the spring of 1991 by
caulking the crack . Is this a long term solution? J
b . As,;ho_ ret_.ir to driveway uneven with depressions
; driveway uneven with ,,,(fprr,J Zr)Lli� and poor
I graf �L ' V . � scrapes road
y: s� -ir Jai ap ro,- ,a surface while slowly backing
out i' - y
I n , As ph ,lt u._.=_: in driveway of poor quality and in_of f icent
thi hn€-
7 1 L :r_ and mushrooms growing t�iroLig}-, new surface .
d . F( Dr L _ rk: ti;ii._hil- cii roadway/manhole covers . Virtually every
mi;nho at a height either higher or lower than the
roaf. surf - _ ,
1 2 t of ss..._ _ '_ ,
Assessment ; s . annual citywide fee paid into a street
improvement fund
' Neighborhood requested ested it
the city i
1 t,y �ool at�• Eden
Prairie's m e t h o d. cf street improvement payment . Setting up a
fund based on estimated road needs for a 5 to 10 year period
along with an estimate of the mills needed based on estimated
tax receipts would give the city an idea of the amount of money
that would be needed to be set aside .
Ib. Assessment to property owners along Frontier Trail does not
fairly s.prea' cost to everyone benefiting from project. Some
- neighbors have no access to their property without Frontier
Trail ye.t, pay no cost of the road improvement .
I c . Why different assessment with all neighbors? We
equal need/benefit + � all have
yet t some pay more than others .
Although our
I assessment tin_ cne ',If the lower, it is no a en
my ;
not fair it whv.l conLpar ed to
ifl riF���-',i.'_t _ t;1_thD }iaVE'. the same need/benefit and are paying
more .
I d. Assesti:: ont. _ _ st tt_ hone,_wners
different than t•hat. being
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charged. other residents (Minnewashta Parkway) . Frontier Trail II was reconstructed to a 28 foot road with curb and gutter.
Propose.. reconstruction of Minnewashta Parkway also Proposed reconstruction Minn wa„ i ..� �. ,wa;, i� al_ � a 28
foot roadway with curb and gutter. Cost on Frontier Trail
approximately $4000 . 00/homeowner vs . proposed cost on II Minnewasht• Parkway of $750 . 00/homeowner. Why does one
resident pay over 5 times as much fDr the exact same road?
The issue seems to be fairness to all residents of Chanhassen.
3 . Payment options .
a. No flexibility in options . Either pay all now or annual set 1
payments with interest . No option to pay additional amounts to
pay off quicker .
b. How is interest calculated? Simple annual or compounded? I
4 . Finally, Chanhassen City Council approved the project without II
answering. a2.y1 of the questions outlined in #2 and 3 above that the
neighborhood had raised approximately } years .� 1 honest Y.
rY `.'� tt y two S L•tnl u ago . Open, ji o1lC ATt and
fair discussion was needed then and is still needed now .
= r
Thank v� .. f+_ . _ iir consideration. II
Sincerely , II
�► T Ma- 1
Linda t_Q'-
73 8 Fr.n tire_ Trail
T,?n 5 5 3 1 7
.r.i.5.2S iiAti •F'•2i , i�ti �v,: II
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Peter J. Huber
7196 Frontier Trail
' Chanhassen, MN 55317
August 12, 1991
Don Ashworth
' City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Dear Mr. Ashworth,
This is to register my formal protest about the Frontier
Trail special street assessment. As the homeowners on
Frontier Trail have helped to pay for all streets laid in
' Chanhassen for at least the past 17 years, it is only fair
that the homeowners who have benefited thus help with the
cost to complete Frontier Trail.
' May I remind you, Frontier Trail was never finished to the
standards of the newer streets, so a special assessment is
' not merited.
Sincerely,
1
.00.1
Peter J. uber
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