5. Rebate of Interest Payment Request, 1811 Lake Lucy Lane 1
CITY OF .6--
CHANHASSEN
1 , }
"7 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900
1 MEMORANDUM
TO: Mayor and City Council
1 FROM: Don Ashworth, City Manager
DATE: April 10, 1989
1 SUBJ: Rebate of Interest Payment Request, Mark Riddersen, 1811
Lake Lucy Lane
As can be seen by the attached letter from Mr. Riddersen, he is
requesting that the City rebate $402. 95 to him. Mr. Riddersen
1 contends that he did not receive notice of the public hearing
and, accordingly, was not in a position to pay off the assessment
without incurring the $402. 95 interest charge.
As can be seen from the correspondence from Kim Meuwissen, the
City followed reasonable procedures in attempting to notify Mr.
Riddersen of the hearing. The process used is one recommended by
1 the League of Cities and our City Attorney and such has con-
tinously been supported by the courts . In fact, the courts have
taken the issue one step further in sustaining assessments
1 against property owners where it was later determined that a
large number of affected property owners had been accidentally
missed and never received any form of notice (not our City) . The
court' s rationale was that a property owner cannot be oblivious
1 to what is going on around him. By Mr. Riddersen noting that he
was required to place monies into escrow for the project
assessment, he in fact is admitting knowledge of the project and
1 assessment.
The special assessment roll for this project was adopted on June
27, 1988 . The interest amount of $402 . 95 represents an interest
1 charge for 1989 and 170+ days of 1988 . Payment of the
outstanding principal was made by Mr. Riddersen or his mortgage
company on February 6 , 1989 . The current year principal and
1 interest cannot, by state statute, be paid to the City; but must
be paid to the County. The $402. 95 referred to by Mr. Riddersen
is in fact the current year interest. It is anticipated that
1 either Mr. Riddersen or his mortgage company will make payment of
one-half of that amount with taxes to be paid in May and October,
1989 . In actuality, Mr. Riddersen is asking the City to rebate
something that we have not received.
NIB
1
Mayor and City Council II April 10, 1989
Page 2
As will be noted by the attached opinion from the City Attorney, II
the City has no statutory authority to not charge Mr. Riddersen
the $402. 95 .
I
I believe Mr . Riddersen understands each of the points brought
out in this memorandum. However, he still feels aggrieved and II has asked to be placed onto the City Council agenda. Mr.
Knutson ' s ending sentence represents the staff recommendation and
the sentiments of this office, i .e. "I am sorry this has created
a hardship for you, but the City cannot refund the interest you I
have paid. "
II
- ------;&
p---------
1
//
1
II
II
II
II
II
I
II
I
II
II
Ili
LAU OH.R:Es
GRANNIS, GRANNIS, FARRELL & KNUTSON
P UFSSIUNA.ASM)CA UN)lvl) GRANNIS- I8/-I 1961 TIiLE(.OPIER.
' DAVII) I.. GRANNIS, !R - 1910-1980 Purr OH-I( BOX 57 (G 12) 455-2359
VAN( B GRANNIS 4(1; NC)R V:'LS'I BANE BU11 nINC. ELLFOTT B. KNETSCH
VAN(t: B GRANNIS,JR • 161 NORTH CON(A)RD ExclIAN(,1i MICHAEL MAYER
TIMOTHY J. BERG
PA'1'RIC t: A. FARRELL SOUTH Sr P)un., Mlr)Nlsurn 55075
DAVID L. GRANNIS, III
ROGER N KNIJISON •I-EI.LPIIONE(612)455-1661
DAVIn 1.. IIARMEYER
A
l IN"",I W mDT°I5t UNLS
IN Al March 15 , 1989
PRAT 11t k
Mr. Mark Riddersen
' 1811 Lake Lucy Lane
Excelsior, Minnesota 55331
' RE: Spoc i.d 1 Assessment.
Dear Mr. Riddersen:
' I am legal counsel for the City of Chanhassen. The City
Manager, Don Ashworth, has asked me to respond to your letter of
February 14 , 1989. Minn. Stat. § 429. 061 , subd. 3 provides "no
' interest shall be charged if the entire assessment is paid within
thirty ( 30 ) days from the adoption" of the assessment roll. The
statute does not provide for any exceptions. I am sorry this has
' created a hardship for you, but the City cannot refund the
interest you have paid.
Very ours,
' GRANNIS ANNIS, FARRELL
& NH TSON, P.A.
BY:'
-Jiog r N. Knutson
RNK: srn
' cc: , Don AshwoI't.h
MAR 1 7 1989
L iTY OF CHANHASSEN
February 14, 1989
Mark RidderePn
1811 Lake Lucy Lane
vxcP1s4or, Minnesota 55331
Mr. Don Ashworth
690 Coulter Street
Chanhassen, Minnesota 55317
Dear Mr. Ashworth,
I recently received my 1989 property tax statement which mode me ware
of a ,7- ,,nents being levied against my property for the Lake Lucy Road project
Due to the fact this assessment was not paid for in July or August of 1989
now must pay c;402.95 in interest for this assessment,
At the time of closing on this property, Lot 12, Block 1, Lake Lucy
Highlands, the mortgage company, "nd stone Mortgage Company" required me
to put 1 .5 times this pending iaRc..P,,ment into an escrow account, an amount
of 4,556.25,
co Cha&assen City H911 about what happened to Tly
notifi:atir'n stwamcnt last Tly, I found out that the first letter weut
m\' -,11ress and was icura hs a L=ec.:Ind letter was sent with a
Chanhasell sic ,,nde and I ne,er reueive,1 it. Due to the "act that this
letter id. not coir_e bath cc the si ty at was assumed that it was received
by me. Hover, the 1c=89 were sent with the wrong zip code also, but this
TiTs rcz:arned to the city for zip code correction and was remailed.
T dm extremely angry that 7 was not h-2tif4ed in July because I was not
t the Pxtra '1 ,500.00 in e2crol,Y nc,t aruing any -rest, fln
now I must pay $402,95 no interest on the road. assessment . I 317, seeking
a refuilci cf this interest due to the fact I was nut notified. Please review
my dilen7:=L with the necefar-: channels and get hack to me as soon as possible.
Sincerely,
-770.4t.,1
Mark aiddersen
FEB 27 1989
CITY OF cHANHAssEN
BC OF
AN EN
690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900
z
MEMORANDUM
TO: Don Ashworth, City Manager
' FROM: Kim Meuwissen, Engineering Secretary
DATE: April 5, 1989
' SUBJ: Rebate of Interest Payment Request
Mark Riddersen, 1811 Lake Lucy Lane, Excelsior, MN 55331
Lake Lucy Road Improvement Project No. 85-19
I have been asked by you to track the mailing notification to Mark Riddersen for
' the assessment hearing on the above-referenced project. I have researched the
project file and offer the following information:
1. Special assessment notices were mailed to all affected parcels on June 6,
1988. Addresses for these notices were obtained from Carver County records
as of that date. The address listed for Mr. Riddersen at that time was as
' follows:
Mark E. and Chanda L. Riddersen
13532 West Arthur Street
Minnetonka, MN 55343
2. The notice mailed to the Riddersens on June 6, 1988 was returned to the City
and re mailed on June 13, 1988 to the following address:
Mark E. and Chanda L. Riddersen
' 1811 Lake Lucy Lane
Chanhassen, MN 55317
3. The notice mailed to the Riddersens on June 13, 1988 was returned to the
City due to the fact that 1811 Lake Lucy Lane is in the Excelsior delivery
area, not Chanhassen. The address was corrected and the notice mailed on
June 15, 1988, 12 days before the assessment hearing scheduled for June 27,
1988. This notice was never returned to the City.
Attachments
1. Affidavit of Mailing dated June 6, 1988.
2. Special Assessment Notice.
' 3. Copies of returned envelopes.
cc: Mark Riddersen
mm
1
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE '
STATE OF MINNESOTA ) ,
ss
COUNTY OF CARVER ) '
I, Karen J. Engelhardt, being first duly sworn, on oath
deposes that she is and was on June 6 , 19 88 '
the duly qualified and acting Deputy Clerk of the City of Chan-
hassen, Minnesota; that on said date she caused to be mailed '
a copy of the attached notice of SPECIAL ASSESSMENT FOR
LAKE LUCY ROAD IMPROVEMENT NO. 85-19
to the persons named on attached Exhibit "A" , by enclosing a copy
of said notice in an envelope addressed to such owner, and '
depositing the envelopes addressed to all such owners in the
United States mail with postage fully prepaid thereon; that the ,
names and addresses of such owners were those appearing as such
by the records of the County Treasurer, Carver County, Minnesota,
and by other appropriate records. '
Karen J. gelr ..rdt, Deputy Clerk '
Subscribed and sworn to
before me this ( -�h day X AAAAMAAAAAMAAMAAAAAAAAAAAA4AA4A X
of ...�une , 19 gg KIM T. MEUWlSSEN '
-F.;� NOTARY PUBLIC- MINNESOTA
`�''�`'' CARVER COUNTY
' :;K VW/ . 1Th —rt My Commission Expires May 29, 1992 a
r7dtary PubZi c i `'Cvvvv 'v'�brro�irn�cr��rvwv:
A IL c twe n+
i , ' CHANHASSEN
i
1#11---,-
690 COULTER DRIVE•P.O.BOX 147 Paul S. McAllister
CHANHASSEN,MINNESOTA 55317 7510 Erie Avenue
Chanhassen, MN 55317
I 4i
c
i
i
I r
CITY O F , --- -
CHANHASSEN
J
1
Y
‘-11:4-'
690 COULTER DRIVE P.O.BOX 147 Mark E. and Chanda L.
I13532 CHANHASSEN,MINNESOTA 55317 ddersen
West Arthur Street
Minnetonka, MN 55343
E_
I F
1 - CITY OF --- _
CHANHASSEN
i
I r
690 COULTER DRIVE•P.O.BOX 147 Scott W. & Kathy CHANHASSEN,MINNESOTA 55317 705 Grant Street A. Gavin
1 s Excelsior, MN 55331
T.
i
I C ITY OF _
CHANHASSEN
I
690 COULTER DRIVE•P O.BOX 147
CHANHASSEN.MINNESOTA 55317 John F. & Judith A. Brinkhaus
1 6500 White Dove Circle
Excelsior, MN 55331
I
MI
Helen Jacques James & Cecelia Palmer John W. & Melanie L.
1210 Lake Lucy Road .ill, 1670 Lake Lucy Road Gorczyca
II
Chanhassen, MN 55317 Excelsior, MN 55331 ' 13340 Orchard Road
Minnetonka, MN 55345
II
Daniel and Sharon Peterson Franklin State Bank John F. & Mariellen Waldron
Rogers Franklin, MN 55333 338 Tyler Avenue North II 1200 Lake Lucy Road Hopkins, MN 55343
Chanhassen, MN 55317
Christopher S. Eiman Donald W. & Jewel K. Hasek Magnus K. & Diane M. II
1206 Lake Lucy Road 6520 White Dove Circle Manlove
Chanhassen, MN 55317 Excelsior, MN 55331 3137 Edgewood Avenue So. 1
St. Louis Park, MN 55426
Mark Klein & Diane Stegner John F. & Judith A. Brinkhaus Greenery Company 1
1180 Lake Lucy Road 6500 White Dove Circle c/o Don Mezzenga
Chanhassen, MN 55317 Excelsior, MN 55331 5816 Dickens Avenue
Minnetonka, MN 55345
II
Centex Real Estate Corp. Scott W. & Kathy A. Gavin Reinhold & L. Guttmiller ,
5959 Baker Road, Suite 300 705 Grant Street 1801 West 67th Street
Minnetonka, MN 55345 Excelsior, MN 55331 Excelsior, MN 55331
I
Terrance & M. O'Brien Mark E. and Chanda L. Merrill R. Steller &
1420 Lake Lucy Road Riddersen Robert Seibold II Excelsior, MN 55331 13532 West Arthur Street 1931 Crestview Drive
Minnetonka, MN 55343 Excelsior, MN 55331
Alfred & May Harvey Paul S. McAllister Allen L. & Barbara J. I
1430 Lake Lucy Road 7510 Erie Avenue Finstad
Excelsior, MN 55331 Chanhassen, MN 55317 11219 South Oakvale Rd.
II
Minnetonka, MN 55343
Elizabeth A. Glaccum Douglas G. & Deborah R. Olson Eric M. & Norma B. Rivkin II
1510 Lake Lucy Road 1730 Lake Lucy Lane 5525 Conifer Trail
Excelsior, MN 55331 Excelsior, MN 55331 Minnetonka, MN 55345
Almond L. & Carolyn C. Jerry Reuel Gill & Cynthia Mark D. & Kathryn A. Sanda II
Krueger Miller Gill 1685 Steller Court
1600 Lake Lucy Road 1800 West 67th Street Chanhassen, MN 55317
Excelsior, MN 55331 Excelsior, MN 55331
II
Philip G. Mathiowetz & Merle & Diane Steinkraus Thomas J. & Jeanne L. Kraker
Myrna M. Claybaugh c/o Pillsbury Company 6441 White Dove Drive
II
1630 Lake Lucy Road 311 Second Street S.E. Excelsior, MN 55331
Excelsior, MN 55331 Minneapolis, MN 55414
Melvin & J. Babatz Alan K. & Kathleen A Mary A. Daniel J. & Ma T. Shrader II
1650 Lake Lucy Road Peterson 14433 Fairway Drive
Excelsior, MN 55331 6697 Countryside Drive Eden Prairie, MN 55344
I
Eden Prairie, MN 55344
me
Robert J. & Paula E. Buresh Rosalee M. Dodd
II5817 Hanson Road i 200 First Federal Building
Edina, MN 55436 ' 320 North 4th Street
Bismarck, ND 58501
Junes & D. Mielke David & S. Hughes
1645 Lake Lucy Road 1780 Lake Lucy Road
IIExcelsior, MN 55331 Excelsior, MN 55331
Warren & A. Phillips
1571 Lake Lucy Road
Excelsior, MN 55331
IIRobert R. & E. Christensen
1511 Lake Lucy Road
Excelsior, MN 55331
Theodore R. Coey
I1381 Lake Lucy Road
Chanhassen, MN 55317
I
Richard & B. Ortenblad
1351 Lake Lucy Road
' Excelsior, MN 55331
IIRichard C. Ersbo
1211 Lake Lucy Road
' Chanhassen, MN 55317
IJohn & Irene Clark
1215 Lake Lucy Road
Chanhassen, MN 55317
ILawrence & Kathleen Kerber
6420 Powers Boulevard
Chanhassen, MN 55317
I
Brian N. & Nancy L. Tichy
I1471 Take Lucy Road
Excelsior, MN 55331
IlJoseph J. & D. Gayle Morin
15820 South Eden Drive
IlEden Prairie, MN 55344
mm
CITY OF CHANHASSEN, MINNESOTA I
SPECIAL ASSESSMENT NOTICE
LAKE LUCY ROAD
IMPROVEMENT NO. 85-19
The City Council will hold a public hearing to consider proposed
assessments for Lake Lucy Road Improvement Project No. 85-19 , on
June 27 , 1988 at 7:30 p.m. in the Council Chambers at 690 Coulter
Drive, Chanhassen , Minnesota. The project includes storm
drainage and roadway construction. The area to be assessed
includes abutting properties and those properties deriving bene-
fit along Lake Lucy Road, Lake Lucy Lane and Steller Court. The
total amount of the proposed assessment is $201 ,884. 91. Your
assessment has been calculated in accordance with the City
Council' s policy as follows:
Property Owner: Mark E. and Chanda L. Riddersen '
Address: 13532 West Arthur Street, Minnetonka, MN 55343
Parcel No: 25-4070120
Proposed Assessment Against Your Property: $3, 037 .50 ,
Assessment may be paid in full without interest or other charges
within thirty ( 30 ) days after the City Council adopts the
assessment roll. These payments may be made in person or may be
mailed to Chanhassen City Hall , 690 Coulter Drive , P. O. Box 147 ,
Chanhassen , Minnesota 55317 , Attention: Treasurer . Please indi-
cate the parcel number on your check. Partial prepayment of the
assessment is not permitted.
If you elect not to pay the full amount within thirty ( 30 ) days
after the hearing date , the assessment will be spread over 8
years with installments appearing on your real estate taxes
beginning next year. Interest will be included at the rate of 9
percent of the unpaid balance.
The proposed assessment roll is on file with the City Engineer .
Written or oral objections to the proposed assessment by any
property owner will be considered.
No appeal may be taken as to the amount of any assessment adopted
unless a written objection signed by the affected property owner
is filed with the City Clerk prior to the assessment hearing or
presented to the presiding officer at the hearing.
All objections to the assessment not received prior to or at the
assessment hearing in the above manner are waived, unless failure
to object prior to or at the assessment hearing is due to a
reasonable cause.
The Council may , upon such notice, consider any objection to the
amount of a proposed individual assessment at an adjourned
meeting upon such further notice to the affected property owners
as it deems advisable.
(OVER) ] ,
Itad/wen
11 Page 2
An owner may appeal an assessment to the District Court pursuant
to Minnesota Statute Section §429 . 081 by serving notice of the
appeal upon the Mayor or City Clerk of the City of Chanhassen
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.
' Residents who are 65 years of age or older, - or retired by reason
of permanent and total disability may apply to have payment of
the assessment deferred. The application shall be made to the
City Clerk within thirty ( 30 ) days after the adoption of the
assessment roll by the City Council.
City staff will be available between the hours of 8:00 a.m. to
' 4: 30 p.m. weekdays until the time of the public hearing to answer
questions about the proposed assessments. You may also telephone
City staff at ( 612) 937-1900 .
' You will be notified by mail of any changes adopted by the City
Council in interest rate, payback term, prepayment requirements
or the amount of the adopted assessments from those contained in
this notice.
Don Ashworth
City Clerk/Manager
City of Chanhassen, Minnesota
•
MIL1
I
I
ti
1
CITY OF (.,,e,s
-iv
I
--) CHANHASSEN Lamed N--
ac cam . rv-al s,c1 ate, 1
I I II
0 COULTER DRIVE•P.O.BOX 147 �� ✓n'✓
CHANHASSEN,MINNESOTA 55317 Mark E. and Chanda L. 1, �' f ✓ r�- 1
Riddersen ,�
1353 -w�� n .ti :.'
\ •
) II LKe t_L)Oy Lii 1
553i7 1
CITY OF
CHANHASSEN 1
itifr i
1
690 COULTER DRIVE•P.O.BOX 147 1
CHANHASSEN,MINNESOTA 55317 Mark L and ianda L. Riddersen
1811 Lake L cy L
MN a�3ne 17 1
ExcE/LsioR 55331
CoL c -rYtd (.115157 1
K?
I
I
1
1
1
I
I
A+ chvv U
1