HomeMy WebLinkAbout9.d. Bob Sime / White Lake Acrse AssessmentF 0
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612 423 44 11
DATE: April 1, 1988
TO: Mayor Hoke and Councilmembers
C/O Administrator Jilk
FROM: City Engineer/Public Works Director Hefti
RE: Bob Sime/White Lake Acres Assessment
Item 9d on Council Agenda for April 5, 198$
Mr. Sime is requesting to come before Council to request that
Council adjust or forgive his assessment on Lot 5 Blk 2 of White
Lake Acres. The reason Mr. Sime is requesting not to pay
interest on the special assessment is stated in the letter from
his attorney, a copy of which is attached. Staff's position is
that it would be setting an undesirable precedent should the
council forgive or adjust any portion of the interest that Mr.
Sime owes on the street assessment. Staff's reasoning is based on
the following facts:
1. A public notice was mailed to the previous property
owners informing them of the final assessment hearing
and assessment amounts. We have the affidavits of
mailing.
2. Mr. Sime purchased his lot and recorded the deed on
Oct. 7th, 1988, which was one day after the council
adopted the final assessment roll to go to the county.
3. Mr. Sime admits to being aware of a pending assessment
of $13,000 on his lot prior to his purchase of it.
4. Mr. Sime had indicated that he was aware of a pending
assessment yet apparently no one had escrowed the
pending assessment at the time of closing.
Our city administrator and city attorney meet with Mr. Sime about
this matter. They suggested to Mr. Sime that if he invested the
money until Nova 1, 1988, that he would be losing only a portion
of the interest (the interest rate was 8.2%) However,
apparently Mr. Sime does not want to pursue this avenue.
In summary, staff would recommend that the Council not adjust or
forgive any of the interest due relating to this assessment
because of the potential adverse effect it might have on setting
a precedent for future assessment.
If there are any question regarding this matter, please contact
myself or Steve Jilk concerning this matter.
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SKAAR Se MCCULLOUGI3
HARVEY E. SKAAR \ 1900 FIRSTBANK PLACE WEST
MARK C. MGCULLOUGH (]�,
•`�� �� MINNEAPOLIS, MINNESOTA 55402-1893
1612! 333 • 1511
9-10- `0 14
March 14, 1987 ,
Richard M. Hefti, P.E.
City Engineer/Public Works Director
CITY OF ROSEMOUNT
P.O. Box 510
Rosemount, MN 55068
Re: Street Assessment - "Lot 5,
Block 2, White Lake Acres"
Robert W. Sime
1504 Auburn Court, Eagan, MN
Dear Mr. Hefti:
I represent Robert W. Sime of 1504 Auburn Court, Eagan, Minnesota.
As your file will reflect, Mr. Sime objects to having to pay the interest on the
special assessment due to lack of notice of the assessment.
After receiving your letter of February 24, 1988, Mr. Sime contacted the previous
owners regarding the assessment. The Jensens state they never received notice
of the assessment. This was confirmed by Ray Hall another property owner in
the same project.
While Mr. Sime has asked me to look into the possibility of challenging the
special assessment and interest charges, he prefers to merely pay the assessment
if the City will forego the interest. He asked me to attend the March 17, 1988
council meeting and present this request to the council. Could you please
reserve a few minutes for Mr. Sime to present his position at the meeting.
Thank you.
Very tr ly yours,
Mark C. McCullou
MCM:sIr /
cc: Robert W. Sime
1504 Auburn Court
Eagan, MN 55122