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2841 Sibley Hills DrPERMIT City of Eagan Permit Type:Building Permit Number:EA127947 Date Issued:10/21/2014 Permit Category:ePermit Site Address: 2841 Sibley Hills Dr Lot:1 Block: 0 Addition: Post 2nd PID:10-58501-00-010 Use: Description: Sub Type:Reroof Work Type:Replace Description: Census Code:434 - Zoning: Square Feet:0 Occupancy: Construction Type: Comments:Please print pictures of ice and water protection and leave on site. Carbon monoxide detectors are required by law in ALL single family homes . Gary Robideau Valuation: 4,000.00 Fee Summary:BL - Base Fee $4K $103.25 0801.4085 Surcharge - Based on Valuation $4K $2.00 9001.2195 $105.25 Total: I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Contractor:Owner:- Applicant - John L Sweeney 2841 Sibley Hills Dr Eagan MN 55121 Professional Exteriors Inc. 3158 Viking Blvd NE Wyoming MN 55092 (763) 434-1500 Applicant/Permitee: Signature Issued By: Signature INSPECTION RECORD CITY OF EAGAN PERMIT TYPE: + k2830 Pilot Knob Road Permit Number: Eagan, Minnesota 55122-1897 Date Issued: (612) 681-4675 fsls i ? fs s slr, SITE ADDRESS: PERMIT SUBTYPE: APPLICANT: TYPE OF WORK: L Permit No. Permit Holder Date Telephone # ELECTRIC 10 PLUMBING HVAC Inspection Date Insp. Comments FOOTINGS FOUND FRAMING ROOFING ROUGH PLUMBING PLBG AIR TEST ROUGH HEATING GAS SVC TEST INSUL GYP BOARD FIREPLACE FIREPLACE AIR TEST FINAL PLBG FINAL HTG ORSAT TEST BLDG FINAL BSMT R.I. BSMT FINAL DECK FTG ?? 9s DECK FINAL / ?'? d id I INSPECTION RECORD CITY OF EAGAN PERMIT TYPE: X830 Pilot Knob Road Permit Number: Eagan, Minnesota 55122-1897 Date Issued: (612) 681-4675 SITE ADDRESS: PERMIT SUBTYPE: I l+t ?? APPLICANT: 111 , ., TYPE OF WORK: 1;1• i l ?? ? M1i 11? 1; 1 1, t1 I Ir 1'•IIiiN0/till I II k?.) L? Permit No. Permit Holder Deb Telephone ! 4LECTRIC PLUMBING HVAC Inspection Dab Insp. Comments FOOTINGS FOUND FRAMING ROOFING ROUGH PLUMBING PLBG AIR TEST ROUGH HEATING 1 GAS SVC TEST INSUL GYP BOARD FIREPLACE FIREPLACE AIR TEST FINAL PLBG FINAL HTG ORSAT TES QLDEWRAL BSMT R.I. BSMT FINAL DECK FTG DECK FINAL CITY OF EAGAN Remarks Addition) Post_ addition #2 Lot 1 Bik 1 Owner ??l4r1'ti ?' Street 2841 Sibley Hills Dr. 21 Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. ZZ? 1973 1293,16 129,31 STREET RESTOR. GRADING SAN SEW TRUNK 10 1968 inn-on 3-33 pai d SEWER LATERAL( 1972 P112-25 105-61 go -Pa-i d WATERMAIN WATER LATERAL 1972 -- WATER AREA STORM SEW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. 320.00 9031 9-19-73 BUILDING PER. SAC 375.00 8832 --23-73 PARK a/ " EAGAN TOWNSHIP BUILDING PERMIT Owner ....... JJ Address (Present) .....//1.... ?tD....... .-- Q. Builder .. ............................................................... Address --•--.....-----••----•--........... ........................................••..........--•--- N° 3112 Eagan Township Town Hall Date .....f.- --- f .13 ............... Stories To Be Used For Front Depth Heigh! Est. Cost Permit Fee Remarks d--= , L4 -, Qg . ? .'ZSrr o y 09 -f - This permit does not authorise the use of streets, roads, alleys or sidewalks nor does it give the owner or his agent the right to create any situation which is a nuisance or which presents a hazard to the health, safety, convenience and general welfare to anyone in the community. THIS PERMIT MUST BEEPT ON THE PREMISE WHILE THE WORK IS IN PROG ESS. -v This is to certify, that.... .:..... 71.?M?.. ........................has permission to erect a.. f.......... ......_upoa the above described premise subject to the provisions of the Building Ordinance for Eag Township adopted April 11, 1955. ?Cc ............................... :.......`'...._ F... _ .........._... Per ....---.--.... ?"`.............. Chairman of Town Board Building Inspector VILLAGE OF EAGAN 3795 Pilot Knob Road Eagan, MN 55122 Zoning: Owner: Address: WATER SERVICE PERMIT PERMIT NO.: _1309 DATE: 9/18/73 No. of Units: _ n..ttae? /ur.t-e rn....n..H nn Site Address: 2841__Sibley Hills Drive paid-be€ore-we Pluinber:Wyiter_& BUylock Tnc- Meter No.: dt? mf a i ce o Connection Charge: Size: lf-f Account Deposit: Reader No.: "lc p- w Permit Fee: I Q..00_pd_9/18/73 1 agree to comply with the Village of Eagan Surcharge: .50 pd 9/18/73 Ordinances. Misc. Charges: Total: By Date Paid: Date of Insp.: Insp.: VILLAGE OF EAGAN SEWER SERVICE PERMIT 9795 Pilot Knob Road PERMIT NQ.: 2074 Eagan, Mlr 55713 DATE: _4/18173 Zoning:. R-1 No. of Units: _ 1 Dwner: Address: iite Address: 2841_Sib1ey Hi11gDrivye ?lumber:__ welrar a R1ay7ock Inc ogres to camPl7 with the Villoge of Eagan Connection Charge: 77S_? nA N_a eq 9rdinoncas. Account Deposit: Permit Fee: 10_00 pd 9/14/73 Surcharge: 50 d9/14/-73- Y: Misc. Charges: late of Insp.: Total: asp.: Date Paid: / - AS ST z VILLAGE Or' FAGAN 3795 Pilot Knob Aoad Eagan, Minnesota 55122 PERMIT NO._ -393 The Village of Eagan hereby grants to We,kw Sley3eek ase. Of A657 TxnA-16 A"_-QQ Mplo 55420 a vrmwnan Permit for: (Owner) nlinnn Nnrt!h _ nyilypt at 9,A4i c hi Y Hiiis nr+ve , pursuant to application dated q/r4i2i Fee Paid: s2n_nn dated this Lath day of qWt .50 s/a Building Inspector Mechanical Permits: Bid Total: / - Pas r Z . VILLAGE OF EAGAN 3795 Pilot Knob Road Eagan, Minnesota 55122 PERMIT NO.: 418 The Village of Eagan hereby grants to Sedgwick Heating & A/C OD. of 1001 Xenia Ave. So., Mils. 55416 a HEATING Permit for: (Owner) Duane north at 2841 Sibley Hills Drive , pursuant to application dated 9/17/73 Fee Paid: $20.00 dated this 26th ..50 s/c day. of Swt. , 19 73. Building Inspector Mechanical Permits: Bid Total: L4 2005 RESIDENTIAL MECHANICAL PERMIT APPLICATION City Of Eagan 3830 Pilot Knob Road, Eagan MN 55122 Telephone # 651-675-5675 Please complete for: single family dwellings & townhomes/condos when permits are required for each unit '2?3o.s0 Date Site Address ???VU?SLCn 7llQ ?? Unit# Property Owner S Telephone # (9S A )"SC4 ^ ? Contractor BURNSVILLE HEATING & A/C, INC. 3451 W. Burnsville Parkway Street Address Suite 120 City umsvi e, Zi cr' Z) cl'1U ? c? Tele hone # p State . p ires: LA c;) 1 c Ex p Bond #: The Applicant is Owner _ Contractor Other Add-on or alteration to existing dwelling unit $ 30.00 furnace -Additional -Replacement _ air exchanger air conditioner -New Replacement other . State Surcharge $ .50 $ 30 ''SO Total i hereby apply for a Residential Mechanical Permit and acknowledge that the information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan and with the Mechanical Codes; that I understand this is not a permit,, but only an application for a permit, and work is not to start without a permit; that the work will be in accordance with the appRved plan in the case of work which requires a review and approval of plans-.1 Applicant's Printed Name App icant's Signature 2005 2005 COMMERCIAL MECHANICAL PERMIT APPLICATION City Of Eagan 3830 Pilot Knob Road, Eagan MN 55122 Telephone # 651-675-5675 Please complete for: commercial/industrial buildings multi-family buildings when separate permits are not required for each dwelling unit Date / Site Street Address Unit # Tenant Name (if applicable) Previous Tenant Name Property Owner Telephone # ( ) Contractor Street Address City State Zip Telephone # ( ) Bond #: Expires: The Applicant is Owner Contractor Other Work Type - New Construction - Underground Tank _ Install -Remove **see below - Interior Improvement - Install Piping - Processed -Gas Nature of Work: "When installing/removing underground tank, call for inspection by Fire Marshal and Plumbing Inspector Permit Fees: 570.50 Underground tank installation/removal $5050 Minimum (includes State Surcharge) or Contract Value $ x 1 % _ $ Permit Fee • If pe rmit fee is $1,000 or less, add $.50 => $ State Surcharge If ep rmit fee is over $1,000, add $.50 for every $1,000 oe rmitfee $ Total Fee 1 hereby apply for a Commercial Mechanical Permit and acknowledge that the information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of Eagan and with the Mechanical Codes; that 1 understand this is not a permit, but only an application for a permit, and work is not to start without a permit; that the work will be in accordance with the approved plan in the case of work which requires a review and approval of plans. Applicant's Printed Name Applicant's Signature Approved By: , Inspector MASTER CARD T 19 Ps OWNER STRUCTURE LAND USED ASD 4M x 2 L OW 24 $ 2 4 Cm a- Permit No. Issued Issued To Contractor Owner BUILDING PLUMBING ?q CESSPOOL - SEPTIC TANK WELL ELECTRICAL _ HEATING GAS INSTALLING , SANITARY SEWER 2d7? .- OTHER OTHER Items Approved (Initial) Date Remarks Distance From Well FOOTING SEPTIC FOUNDATION FRAMING -)'r7, - CESSPOOL TILE FIELD FT. FINAL ELECTRICAL HEATING ? DEPTH OF WELL GAS INSTALLATION -I--- SEPTIC TANK CESSPOOL DRAINFIELD PLUMBING WELL SANITARY SEWER 7T Violations Noted on Back COMMENTS: COMPLIANCE INSPECTION REPORTS TO BE USED ONLY IN EVENT OF OBSERVED VIOLATIONS PERMIT NO. CONDITIONS OF CONSTRUCTION AT THIS INSPECTION NO EVIDENCE OF NON-COMPLIANCE OBSERVED. ACCEPTABLE SUBSTITUTIONS OR DEVIATIONS. DATE OF INSPECTION ? NON-COMPLIANCE. BUILDER WILL COMPLY WITHOUT DELAY. NON-COMPLIANCE. BUILDER DOES NOT INTEND TO COMPLY. ? COMPLETION OF CERTAIN IMPROVEMENTS WILL BE DELAYED BY CONDITIONS BEYOND CONTROL. AND DESCRIBED AS FOLLOWS: ? REINSPECTION REQUIRED DATE OF REINSPECTION REINSPECTION REVEALED CERTI FI CATION -1 certify that I have carefully inspected the above in which 1 have no interest present or prospective, and that 1 have reported herein all significant conditions observed to be at variance with ordinances of the Town of Eagan, approved plans and specifications, and any specific require- ments for off-site improvements relating to the property inspected. F ALL IMPROVEMENTS ACCEPTABLY COMPLETED BUILDING INSPECTOR DATE n 23 CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 (612) 681-4675 PERMIT TYPE: Permit Number: Date Issued: UTAl BUILDING 025272 03/24/95 SITE ADDRESS: P.I.N.: 10-58501-010-00 PERMIT 28.41 SIBLEY HILLS DR LOT: 1 BLOCK: POST 2ND DESCRIPTION: _n Building ,Building r REMARKS: (SIDING/GUTTERS) Permit Type SF (MISC Work Type REPAIR FEE SUMMARY: Base Fee Surcharge Total Fee VALUATION $153.00 X7.00 $160.00 $14,000 CONTRACTOR: - Applicant - ST. LIC. OWNER: PANELCRAFT OF MN INC 17216628 0002179 SWEENEY JOHN 3118 SNELLING AVE S 2841 SIBLEY HILLS OR MINNEAPOLIS MN 55406 EAGAN MN 55121 (612) 721-6628 I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Mn. L Statutes and City of Eagan Ordinances. ?L ? H I1 V AP ANT/ ERMITEE SIGNATURE ISSUED SI A R INSPECTION RECORD CITY OF EAGAN PERMIT TYPE: B U I L D I N G 3830 Pilot Knob Road Permit Number: 0 2 5 2 7 2 Eagan, Minnesota 55122-1897 Date Issued: 03/24/95 (612) 681-4675 SITE ADDRESS: APPLICANT: LOT: 1 BLOCK: 2841 SIBLEY HILLS DR PANELCRAFT OF MN INC POST 2ND (612) 721-6628 PERMIT SUBTYPE: SF (MISC.) TYPE OF WORK: REPAIR DESCRIPTION (SIDING/GUTTERS) INSPECTION TYPE FRAMING "t .DATE INSPTR. INSPECTIO14 TYPE ROUGH IN PLBG DATE INSPTR. ROUGH IN HTG FINAL CITY OF EAGAN 3830 PILOT KNOB B RD RD - 55122 61111995 BUILDING PERMIT APPLICATION (RESIDENTIAL) 681-4675 41 GO A ? 3 registered site surveys ? 2 copies of plan ? 2 copies of plans (ftrolude beam & window sizes; poured fnd. design; eta) ? 2 site surveys (exterior additions & decks) ? 1 energy calculations ? 1 energy calculations for heated additions ? 3 copies of tree preservation plan if lot platted after 7/1193 required: _Yes _ No DATE: 3 r ZH -`i'ce CONSTRUCTION COST: 13I Li t Z - dO DESCRIPTION OF WORK: S1?mAJC GUTTm?25 STREET ADDRESS: ' crs?t f 51 TVtr Y N . L Ly(? L) 11 - LOT BLOCK SUBD./P.I.D. #:JL2d PROPERTY Name: Jo SLO %FmNWy' Phone #: OWNER u T pan Street Address '->A d?, 4 15nu City: T= Rc.g- .v State: m.u Zip: 12 l CONTRACTOR Company: PA n cL f F i . Phone #: -7 2' & Street Address: -,-,1 to 7snljg l o-i4'Au- S_ License #• OC?a 2t `t? City: r t r L S State: M A J zip. ti sy° ARCHITECT/ Company: Phone #' ENGINEER Name: Registration #• Street Address- City: State: Zip: Sewer & water licensed plumber change are requested once permit is issued. Penalty applies when address change and lot I hereby acknowledge that I have read this application and state that the information Is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Signature of Applicant: OFFICE USE ONLY Certificates of Survey Received Yes - No Tree Preservation Plan Received - Yes - No OFFICE USE ONLY BUILDING PERMIT TYPE ? 01 Foundation ? 06 Duplex .? 11 Apt./Lodging ? 16 Basement Finish ? 02 SF Dwelling ? 07 4-plex ? 12 Multi Repair/Rem. ? 17 Swim Pool ? 03 SF Addition ? 08 8-plex ? 13 Garage/Accessory ? 20 Public Facility o 04 SF Porch ? 09 12-plex ? 14 Fireplace ? 21 Miscellaneous ? 05 SF Misc. ? 10 = plex ? 15 Deck WORK TYPE ? 31 New ? 33 Alterations ? 36 Move ? 32 Addition ? 34 Repair ? 37 Demolition GENERAL INFORMATION Const. (Actual) (Allowable) UBC Occupancy Zoning # of Stories Length Depth APPROVALS Planning Basement sq. ft. Main level sq. ft. sq. ft, sq. ft. sq, ft. sq. ft. Footprint sq. ft. Building Engineering Variance Permit Fee Valuation Surcharge Plan Review License MC/WS SAC City SAC Water Conn. Water Meter Acct. Deposit S/W Permit S/W Surcharge Treatment PI. Road Unit Park Ded. Trails Ded. Other Copies Total: MC/WS System City Water Fire Sprinklered PRV Booster Pump Census Code. SAC Code Census Bldg Census Unit % SAC SAC Units ?.? CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 (612) 681-4675 SITE ADDRESS: P.I.N.: 10-58501-010-00 DESCRIPTION: PERMIT PERMIT TYPE: Permit Number: Date Issued: 2841 SIBLEY HILLS DR LOT: 1 BLOCK: POST 2ND eRo ? gs? ? ?-aa-9s BUILDING 025265 03/22/95 Building Permit Type DECK Building Work,,Type NEW ti i r; I REMARKS: FEE SUMMARY: Base Fee $30.00 Surcharge $.50 Total Fee $30.50 CONTRACTOR: - Applicant - ST. LIC. OWNER: PANELCRAFT OF MN INC 17216628 0002179 SWEENEY JOHN 3118 SNELLING AVE S 2841 SIBLEY HILLS DR MINNEAPOLIS MN 55406 EAGAN MN 55121 (612) 721-6628 (612)454-8150 I hereby acknowledge that I have read this information is correct and agree to comply L Statutes and City of Eagan Ordinances. "- APPLICANT/ RMITEE SIGNATURE application and state that the with all applicable State of Mn. 1 --1 11) X--/ , 17 / "' ISSUED BY. SIGNAYJRE INSPECTION RECORD CITY OF EAGAN PERMIT TYPE: 3830 Pilot Knob Road Permit Number: Eagan, Minnesota 55122-1897 Date Issued: (612) 681-4675 SITE ADDRESS: APPLICANT: LOT: 1 BLOCK: 2841 SIBLEY MILLS DR PANELCRAFT OF MN INC POST 2ND (612) 721-6628 PERMIT SUBTYPE: DECK TYPE OF WORK: NEW BUILDING 025265 03/22/95 CITY OF EAGAN j?, .0 3830 PILOT KNOB RD - 55122 )41441996 BUILDING PERMIT APPLICATION (RESIDENTIAL) 681-4675 ? 3 registered site surveys ? 2 copies of plan ? 2 copies of plans (include beam & window sizes; poured fnd. design; etc.) ? 2 site surveys (exterior additions & decks) ? 1 energy calculations ? 1 energy calculations for heated additions ? 3 copies of tree preservation plan if lot platted after 711/93 required: _Yes _ No DATE: -S- z 1 - 9 5 CONSTRUCTION COST: 161, 0,C) C2E!-- DESCRIPTION OF WORK: 1z x z P'K a n n1 E+ck c rtG_ STREET ADDRESS: Z3yI v3«Y 1-4 it D1z LOT BLOCK 00 SUBD./P.I.D. #: +" M 1 - PROPERTY Name: -N? Sw?Era?Y Phone #: LIZ) OWNER '.n Street Address* SANE h5 ^ ? City. t=A4Aw( State: Hm zip: -5 ? /ZI CONTRACTOR Company: ?AN6L Rf F Phone #: Street Address: ?I iIrw QuE. s. License #' cx?zl Inc City: 14 2i 5 State: MN Zip. } y? ARCHITECT/ Company: Phone #' ENGINEER Name: Registration #' Street Address' City: State: Zip: Sewer & water licensed plumber. change are requested once permit is issued. Penalty applies when address change and lot I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Signature of Applicant: OFFICE USE ONLY Certificates of Survey Received Yes No Tree Preservation Plan Received - Yes - No LMAR EtV EO 21 1995 OFFICE USE ONLY BUILDING PERMIT TYPE ? 01 Foundation ? 06 Duplex ? 11 Apt./Lodging ? 16 Basement Finish o 02 SF Dwelling ? 07 4-plex ? 12 Multi Repair/Rem. ? 17 Swim Pool ? 03 SF Addition ? 08 8-plex ? 13 Garage/Accessory ? 20 Public Facility ? 04 SF Porch ? 09 12-plex ? 14 Fireplace ? 21 Miscellaneous a 05 SF Misc. ? 10 = plex o 15 Deck WORK TYPE a 31 New ? 33 Alterations ? 36 Move a 32 Addition ? 34 Repair ? 37 Demolition GENERAL INFORMATION Const. (Actual) (Allowable) UBC Occupancy Zoning # of Stories Length Depth APPROVALS Planning Basement sq, ft. Main level sq. ft. sq. ft, sq. ft. sq. ft. sq. ft. Footprint sq. ft. Building Engineering Variance Permit Fee Surcharge Plan Review License MCNVS SAC City SAC Water Conn. Water Meter Acct. Deposit S/W Permit S/W Surcharge Treatment PI. Road Unit Park Ded. Trails Ded. Other Copies Total: Valuation: $ MCNVS System City Water Fire Sprinklered PRV Booster Pump Census Code. SAC Code Census Bldg Census Unit % SAC SAC Units -------- RUSTIG PILL DR. -------- SITE PLAN SCALE 1° = 20' TS' `lr N I PR0 OSED DECK 12, $ I I 12' I s' = EXISTING HOUSE g" 9 25 JOSS NUMBER: 0008 1 45': 1 CUSTOMER NAME: JOHN 511EENEY STREET: _ 2841 515LEY WILL DR I CITY: EAGAN, MN 55121 HOME PHONE: 454-8150 ? WORK PWONElHISh 454-8600 I I WORM. PNONE(HERS}. WA I I CONSTMCTION TYPE: SALESMAN: 12' X 12' DECK W.' 4 5TAIRS DAN KMVING DATE-- MAP04 10, 5 I T5 DRAFTSMAN: M WER 5H T - SIBLEY PILL DR.-------- CONSTRUCTED BY PANELCRAFT OFMiwESOTA, INC. Y F4 ki m N w v -Al- SgSo! O/0 00 M E M O R A N D U M To: Tom Colbert, Director of Public Works From: Annette M. Margarit Date: October 18, 1991 Re: John Sweeney Assessment Appeal; Project 543R Court File No. CO-91-7938 on October 18, 1991, I appeared for our motion to Dismiss in the Sweeney case because Mr. Sweeney had not filed an appropriate written objection to the assessment. When I arrived at the courthouse, Mr. Sweeney's attorney, Tom Bibus, informed me that he had been unable to reach Mr. Sweeney since the time we had served the motion papers and therefore he had no affidavit from Mr. Sweeney explaining why Mr. Sweeney had not filed a written objection. Mr. Bibus did inform me that Mr. Sweeney is an over-the-road truck driver and despite Mr. Bibus' and various neighbors best efforts, no one has been able to reach him. I agreed that the decision whether to dismiss Mr. Sweeney's appeal could be deferred until December 20, 1991, the date a formal pre-trial conference has been scheduled with the court. By that time Mr. Bibus will have filed whatever papers may support his case. I do not believe, however, an over-the-road truck driver is going to have any particularly good reason for having failed to file a written objection and am very optimistic that his assessment will be dismissed in December. If you have any questions, please do not hesitate to call. AMM:kd LARRY S. SEVERSON• JAMES F. SHELDON J. PATRICK WILCOX* MICHAEL G. DOUGHERTY MICHAEL E. MOLENDA'• 'ALSO LICENSED IN IOWA ''ALSO LICENSED IN WISCONSIN ...ALSO LICENSED IN NEBRASKA October 7, 1991 /?ZcF'/v?D oar s 11Q ' SEVERSON, WILCOX & SHELDON, P.A. " A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW KENNETH R. HALL ...SCOTT D. JOHNSTON 600 MIDWAY NATIONAL BANK BUILDING LOREN M. SOLFEST 7300 WEST 147TH STREET CHRISTINE M. SCOTILLO APPLE VALLEY, MINNESOTA 55124 ANNETTE M. MARGARIT (612) 432-3136 DANIEL M. SHERIDAN SHARON K. HILLS TELEFAX NUMBER 432-3780 OFCOIINSEL JOHN E. VUKELICH Thomas W. B' Bibus a arson Law Firm 5350 outh Robert Trail Inver Grove Heights, MN 55077 Dear Mr. Bibus: Enclosed please find a copy of the following: 1. Notice of Motion and Motion 2. Memorandum In Support of Motion to Dismiss Petitioner's Appeal 3. Affidavit of E. J. VanOverbeke 4. Proposed Order If you have any questions or concerns in this matter please do not hesitate to contact me. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. Annette M. Margarit AMM/wkt Enc. cc: Tom Colbert STATE OF MINNESOTA) DISTRICT COURT COUNTY OF DAKOTA ) FIRST JUDICIAL DISTRICT -------------- ------ Case Type: Special Assessment Appeal John L. Sweeney, Court File No. CO-91-7938 Petitioner, V. NOTICE OF MOTION AND MOTION City of Eagan, a Municipal Corporation, Respondent. TO: Petitioner, John L. Sweeney, and his attorney, Thomas W. Bibus, 5350 South Robert Trail, Inver Grove Heights, Minnesota, 55077: PLEASE TAKE NOTICE that the Respondent City of Eagan, through its attorney, will move the above-named court at Special Term thereof on October 16, 1991, at 9:00 a.m. or as soon thereafter as counsel can be heard before a Judge of the above-named Court at the Dakota County Judicial Center, 1560 Highway 55, Hastings, Minnesota, 55033 for the following: 1. An order dismissing Petitioner's Assessment Appeal for Petitioner's failure to file with the City of Eagan a signed written objection to the assessment in accordance with Minnesota Statutes Sections 429.061 and 429.081. Said motion shall be based on the accompanying memorandum and affidavit. HELDON, P.A. WILC SEZgk By6 Annette M. Margarit Attorney for Respondent I.D. ,#184445 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 STATE OF MINNESOTA) COUNTY OF DAKOTA ) John L. Sweeney, Petitioner, V. City of Eagan, a Municipal Corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Court File No. CO-91-7938 MEMORANDUM IN SUPPORT OF MOTION TO DISMISS PETITIONER'S APPEAL FACTS As stated in his Notice of Appeal of Special Assessment, Petitioner John Sweeney owns property at 2841 Sibley Hills Drive. On January 17, 1989, the City Council of Eagan authorized Project No. 543R which included the area of Petitioner's property and financing the Project through special assessments. See VanOverbeke Affid. Para. 3. A final assessment public hearing for Project 543R was held on July 2, 1991 at which time the Eagan City Council adopted the assessment for Petitioner's property. VanOverbeke Affid. Para. 4. Notice of the final assessment hearing was given to Petitioner prior to July 2, 1991 which informed Petitioner he had to sign a written objection to the special assessment in order to preserve his right to appeal. VanOverbeke Affid. Para. 5. No written objection signed by the Petitioner was given to the Eagan City Clerk prior to July 2. I VanOverbeke Affid. Para. 7. No written objection signed by the Petitioner was presented to the presiding officer at the Final Assessment Hearing held on July 2, 1991. VanOverbeke Affid. Para. 4. Petitioner's signature "was guaranteed" on a letter submitted by thirteen property owners to the City and dated January 16, 1989. VanOverbeke Affid. Para. 8. This letter made a blanket statement that the property owners did not see any reason they should be assessed. The remaining four paragraphs of the letter described the owners' objections to the project design. The City of Eagan received a Notice of Appeal of Special Assessment from Petitioner on July 26, 1991, and the Petitioner filed the said notice with the Dakota County District Court in Hastings, Minnesota on August 5, 1991. VanOverbeke Affid. Para. 9. ISSUE I. Should Petitioner's Assessment Appeal be dismissed for failure to object in accordance with Minn. Stat. Sections 429.06 and 429.081? DISCUSSION The resolution of assessment disputes is controlled by statute. Chard Realty, Inc. v. City of Shakopee, 392 N.W.2d 716, 719 (Minn. Ct. App. 1986). The conditions for appeal imposed by statute must be strictly followed and will be strictly construed because the right to appeal an assessment is wholly statutory, Ewert v. City of Winthrop, 278 N.W.2d 545, 550 (Minn. 1979); See Wesson v. Village of Deephaven, 170 N.W.2d 126, 128 (Minn. 1969); Village of Edina v Joseph, 119 N.W.2d 809, 816 (Minn. 1962). Minnesota Statutes Section 429.081 (1991) describes the procedure through which a property owner can appeal an assessment. The statute provides: Within 30 days after the adoption of the assessment, any person aggrieved, who is not the assessment hearing, or whose failure to so object is due to a reasonable cause, may appeal to the District Court by serving a notice upon the mayor or clerk of the municipality. (emphasis added). Minnesota Statutes Section 429.061, Subd. 2 (1991), limits the right to appeal an assessment by prohibiting an appeal of assessments unless a written objection signed by the property owner is filed at or before the final assessment hearing. The statute reads in relevant part: No appeal may be taken as to the amount of any assessment adopted under this section unless property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. Al by this subdivision are waived, unless the failure to object at the assessment hearing is due to a reasonable cause. (emphasis added). W In the present case, Petitioner did not file a written objection to his assessment signed by himself. The January 16, 1989 letter from a group of property owners addressed to the Mayor and Council and submitted at the January 17, 1989 feasibility public hearing is insufficient as a formal objection. First, Petitioner had not signed the letter as required by §429.061, Subd. 2 "signature guaranteed". See Exhibit D to VanOverbeke Affidavit. Secondly, the letter is primarily an objection to the project design, not the special assessment. The contents of the letter did not provide the City any notice that Petitioner specifically objected to the amount his proprty was to be assessed versus an objection to the design. It is noted, of the twelve other persons who signed their names to this letter, nine of the property owners later submitted a proper written objection. The remaining three have not appealed their assessments. Petitioner was informed that he had to file a written objection as the Notices that were sent to all the property owners for the final assessment hearing warned them that they needed to have filed a written objection prior to being able to file an assessment appeal. See Exhibit C to VanOverbeke Affidavit. The Courts have dismissed the assessment appeals in which the property owner did not correctly follow the statutory procedure. In Peterson v. City of Inver Grove Heights, 345 N.W.2d 274, 277 (Minn. Ct. App. 1984), the property owner attended approximately six City Council meetings to discuss a project that would be built close to her property. She was mailed a notice of an assessment hearing but determined that because her property was about two car lengths from the new road that her property would not be assessed. The property owner did not appear at the final assessment hearing nor did she file a written objection. Upon receiving the assessment on her tax statement, she attempted to bring an appeal. The Court of Appeals dismissed the property owners assessment appeal holding: Minn. Stat. Section 429.061, Subd. 2 and 429.081 are not ambiguous. They require timely written objections or a reasonable cause for failing to so object to reserve the right to appeal. The clear objective of the Statutes was to improve Peterson, 345 N.W.2d at 277. (emphasis added.) In Habel v. City of Chisago City, 346 N.W.2d 668, (Minn. Ct. App. 1984), property owners were served a notice of the final assessment hearing which contained information describing the appellate procedure and warned that no appeal of an individual assessment could be taken unless a written objection signed by the affected property owner was presented. The subject property owners did not appear at the hearing nor present a written objection prior to the hearing. Appellants soon discovered that they had been assessed the sum of $107,155.35 and brought an appeal. The Court of Appeals affirmed the trial court's dismissal of the assessment appeal stating "an aggrieved property owner must object before the City Council to preserve one's right to appeal." 346 N.W.2d at 670. "These statutory conditions must be strictly complied with because the right to appeal a special assessment exists only by statute." .d..(Citations omitted) The Court further held that the property owners did not have a reasonable cause for their failure to object and dismissed their assessment appeal. CONCLUSION Petitioner has failed to either file a signed written objection prior to the hearing held on July 2, 1991 or offer any reasonable cause for his failing to object. Petitioner's assessment appeal should be dismissed because Petitioner waived his objections to the special assessment by failing to object in accordance with the procedures set out in Minnesota Statutes Sections 429.06 and 429.081. Dated: Respectfully Submitted, SEVERSON, WILCOX & SHELDON, P.A. By: Annette M. Margarit Attorneys for Respondent 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 i STATE OF MINNESOTA) COUNTY OF DAKOTA ) John L. Sweeney, Petitioner, V. City of Eagan, a Municipal Corporation, . Respondent. STATE OF MINNESOTA) ) ss COUNTY OF DAKOTA ) DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Court File No. CO-91-7938 AFFIDAVIT OF E. J. VANOVERBEKE E. J. VanOverbeke duly sworn upon oath deposes and says: 1. That affiant has been employed by the City of Eagan since September 1, 1979, and at all times pertinent to this action has served as the City Clerk. 2. That as City Clerk affiant is the custodian of public records for the City of Eagan. 3. That Exhibit "A" attached hereto is a true and correct copy of the Eagan City Council minutes from January 17, 1989 during which the Council authorized Project No. 543R. 4. That Exhibit "B" attached hereto is a true and correct copy of Eagan City Council minutes from July 2, 1991 during which the Council adopted the assessment for Petitioner's property. 5. That Exhibit "C" attached hereto is a true and correct copy of the Notice sent to Petitioner of the July 2, 1991 final Assessment Hearing. 6. That signed written objections to an assessment come to affiant's office. 7. That affiant received no written objection to Petitioner's assessment signed by Petitioner prior to the July 2, 1991 Final Assessment Hearing. 8. That Exhibit "D" attached hereto is a true and correct copy of a letter received from project area property owners. 9. That affiant received a Notice of Appeal of Special Assessment from Petitioner on July 26, 1991. Further Affiant Sayeth Not. (?,? L E. . VanOverbeke STATE OF MINNESOTA ) ) ss. COUNTY OF /?chec?in ) On this day of Ob7D &W , 1991, before me a Notary Public within and for said County, personally appeared E. J. VanOverbeke to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. _ ANNETTE M. MARGARI7 Notary Public NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY f My Comm SW Expilee FC8. 9. 1994 L Page 9/EAGAN CITY COUNCIL MINUTES January 17, 1989 T ^ -' 3 Northeast Eagan off-Site Transportation Improvements. Gustafson, Ellison, Egan and McCrea voted in favor= Wachter voted against. R 89-2 PROJECT 557/Mar.1.aRD PARK 3RD ADDITION (STREET LIGHTS) Public Works Director Tom Colbert introduced the matter to the Council. Councilmember Wachter questioned if the owners had been notified. Mr. Colbert stated the owners had been notified of the public hearing. Wachter moved, McCrea seconded, the motion to close the public hearing and approve Project 557 (Mallard Park 3rd Addition - Streetlights) and authorize their installation through Dakota Electric Association. All voted in favor. PROJECT 543R/SKYLINE ROAD/SIBLEY HILLS DRIVE (STREETS AND UTILITIES) Public Works Director Tom Colbert updated the Council on the matter and summarized the neighborhood meetings. Peter Willenbring (OSM) discussed the details of the proposed project and the method of assessment. He presented the proposed project schedule and the necessary easements and right-of-way acquisitions. Councilmember Egan asked what the easements would cost. Mr. Willenbring stated the costs were not estimated at the present time. Mayor Ellison asked for a review of the proposal. Public Works Director Tom Colbert reviewed the history and the past proposals. City Attorney James Sheldon reviewed the City assessment procedures with the Council. He stated the final assessment hearing was tentatively scheduled for the fall of 1990. He also recapped the senior citizen's deferment policy. Mike Sullivan, 1478 Ridgeview, read his written statement to the Council. He had concerns regarding the stream and requested a formal environmental study. He stated he had delivered petitions to various agencies and questioned the *two-acre rule". He submitted his petition to the Council. Lorne Burkness (Lot 2, Valley View) showed the location of the stream to the Council. He had concerns regarding its survival. Mr. Willenbring explained the stream's role in the drainage in the area. Carl Glewwe, Lot 5-Post 2nd Addition, objected to the project and further objected to the Sibley Hills Drive Extension. Mary O'Hearn, Lot 6-Post 2nd Addition, read her petition to the Council. She felt Prettyman should pay for the improvement and objected to the closing of the second access to Highway 13. She EXHIBIT A Page 10/EAGAN CITY COUNCIL MINUTES January 17, 1989 n r-,? S T L?`. further objected to the Sibley extension and stated they had already paid for improvements. Public Works Director Tom Colbert explained why the Highway 13 access was closed. There was much discussion regarding the frontage road. Marv Post, Lot 4-Post 2nd Addition, questioned the state funding and stated the deferral was not sufficient. Eleanor Brimbee, Lot 1, Post Addition, stated that they had already paid assessments. Phil Heller, 1475 Skyline, was opposed to the Skyline improvement. He felt the City should assess those who benefit from the improvements only. He stated the developer should pay and that the City may have to pay in the end. He outlined the Lone Oak access. Dick McGrew, 2910 Sibley Highway, stated his property received no benefit and that the assessments were inequitable. John Klein, Zender Acres, stated that the Lone Oak access would need to be condemned. He stated there should be large lots.and questioned the assessment. He objected to the assessment and stated that interest runs on deferral. Mike Sullivan requested the relocation of the storm runoff. Norm Lynn, 2054 Sibley, suggested realignment of Sibley Hills Drive. Councilmember Egan had questions regarding the street assessment method for Prettyman. Public Works Director Tom Colbert explained the street assessment method. Mr. Egan further questioned the final design for Auge Road. Mr. Willenbring explained the design. Mr. Egan questioned why the closing of the Highway 13 access was necessary. Mr. Willenbring explained the MnDOT rationale and the grade. Mr. Colbert further explained the options. Councilmember Wachter questioned the Sibley realignment. Councilmember Egan stated the issues regarding the parcel were very complex. He stated be understood the neighbors concerns but that the developer was within his rights. He further stated that the property must receive a benefit to be assessed. Be felt the project has assessment problems but that the public hearing was a feasibility hearing. He felt the City should be flexible on street widths and other methods to reduce the assessment burden. He stated the-City should minimize the project costs. City Attorney James Sheldon recapped the assessment procedure. Mayor Ellison questioned if the City could have narrow streets. Page ll/EAGAN CITY COUNCIL MINUTES January 17, 1989 Public Works Director Tom Colbert stated that on the number of trips per day that 28 feet was about 30 homes. Councilmember Gustafson recommended performing a study regarding the possibility of narrowing the street. He stated it was a difficult piece to develop but there was a need for a roadway connection. He also stated the assessments were difficult and questioned who would pay down the road. Councilmember Egan stated he felt the land was in a unique situation. Mayor Ellison agreed with Mr. Egan and stated there was a long history to the issue. He further stated the City would pay the balance of the cost that could not be charged to benefitted property. Bob Murray requested realignment of the road. Gustafson moved, McCrea seconded, the motion to close the public hearing and approve Project 543R, Skyline Road and Sibley Hills Drive (Streets and Utilities) and authorize the preparation of detailed plans and specifications along with the acquisition of all necessary easements through condemnation, if necessary; with the engineering department to study the narrowing of the road regarding the feasibility of changing it to 28 feet. All voted in favor. ACCESSORY HOUSING ORDINANCE/CLARIFICATION Community Development Director Dale Runkle introduced the item to the Council. City Administrator Tom Hedges recapped the history of the ordinance and stated that enforcement was in the existing ordinance. Councilmember McCrea asked if option 3 as presented would take care of the existing problem. Councilmember Gustafson stated he felt the ordinance should be rescinded. McCrea moved, Egan seconded, the motion to rescind all the language pertaining to accessory apartments in the current ordinance and that ordinance which was adopted at the January 3, 1989, City Council meeting and enforce the availability of accessory housing through the existing zoning ordinance. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter abstained. CONTRACT 88-24/RECEIVE BIDS/ANARD CONTRACT (LEXINGTON AVENUE - RESERVOIR) The Council was informed the contractor would extend the guarantee for his low bid for 2 months. City Attorney James Sheldon updated the Council regarding the HUD property and advised waiting at this time. Egan moved, Gustafson seconded, the motion to continue Contract 88-24 (Lexington Avenue - Reservoir) to the March 7, 1989, City Council meeting. All voted in favor. Page 3/FAGAN CITY COUNCIL MINUTES July 2, 1991 H. Charim of Meeting Date/Septernber to 1991 Qb Council Meeting It was recommended that a change of meeting date be approved for the second meeting of September from September 19, 1991, to September 16, 1991. 1. Resolution Decimation Cedar Ridge Christian Church c a polling Place in Precinct 1 It was recommended that a resolution designating Cedar Ridge Christian Church as the polling place in Precinct 14 be approved. J. Contract 9105. Receive Bids/Award ntract (Wibrook Addition) It was recommended that the bids for Contract 91-05 (Willbrook Addition - Streets & Utilities) be received and consideration of contract award continued until final plat approval or August 6, 1991, whichever occurs fast. K Contract 91-07 Re eiy Bidc/gward ntract (1991 Sr?lr r' ) It was recommended that the bids for Contract 91-07 (1991 Sealcoating) be received and the contract awarded to the lowest responsible bidder. L. Project 609 Receive Feasbil?RepQ/Order Public Hearing (Cliff Road Up=de) It was recommended that the feasibility report for Project 609 (Cliff Road Upgrade) be approved and a public hearing scheduled to be held on August 6, 1991. M. Proiect 616,617, & 618 Authorize Feasibility Retorts (Cedar Grove 3rd, dth 5r6 and 6th Additions -- Canital Improyerntnt Reconstruction It was recommended that the preparation of feasibility reports for Projects 616, 617, and 618 (Cedar Grove 3rd, 4th, 5th, and 6th Additions - CIP Reconstruction) be authorized. N. ARprove 1992 Bude t/ o t Participation for the Blackdgg Watershed Management Organization It was recommended that the 1992 Budget and related cost participation by the City of Eagan for the Blackdog Lake WMO be approved. 0. Final Plat Whispering Wood Sixth Add'r' It was recommended that the final plat for Whispering Woods Sixth Addition be approved. Wachter moved, Gustafson seconded, a motion to approve the Consent Agenda as presented Aye: 5 Nay. 0 K. q I . ?o 1919099M PROJECT 543R/FINAL ASSESSMENT HEARING SKYLINE ROAD/SIBLEY HILLS DRIVE - STREETS & lJTH TTIES Mayor Egan introduced this project as 5438, final assessment hearing, Skyline Road/Sibley Hills Drive - streets and utilities. After brief opening remarks from City Administrator Hedges and Director of Public Works Colbert, Mayor Egan opened the hearing to public comment. EXHIBIT B Page 4/EAGAN CITY COUNCIL. MINUTES July 2, 1991 Mr. Gary Fuchs, on behalf of Frederick and Maxine Delosh, confirmed that written objection had been received from his client. Mary Lou O'Hearn, 2888 Sibley Hills Drive, said the Sibley Hills Drive upgrade was only necessary to develop Prettyman Heights. She said assessments in Prettyman Heights were low but those against her property were in excess of 54000. She said the assessments were unfair and asked if it was necessary to go to court to mitigate these costs. Director of Public Works Colbert said that some of the assessments in Prettyman Heights had been prepaid as a condition of final plat thereby giving the appearance of lowering those assessments Mayor Egan asked City Attorney Mike Dougherty whether there was any informal process available to homeowners who disagreed with the amount of the assessments. City Attorney Dougherty said that in order to _ preserve the homeowners' rights they would have to pursue the formal process. He said while they pursued this formal process, however, they could continue to work with the City in an attempt to find a resolution. Elaine Greer of 1428 Skyline Drive said her property and a number of others were being assessed because they had access to Highway 13. She asked why other properties that also had access to Highway 13, were not being assessed. Director of Public Works Colbert said a number of other properties were originally included in the project but, after the first public hearing, several objections were submitted and staff was directed to research the City's position in regard to these objections. He said it was determined that because these properties could take direct access from Lone Oak Road and had no intention of utilizing the improvement, the City would not be able to sustain their assessments. Therefore, in June of 1989 a new public hearing was held and the assessment roll modified. Ms. Greer than asked why the property owners on Skyline Road from Pilot Knob Road to where the improvement began were not assessed. Mr. Colbert said those homeowners had previously paid for street improvements in front of their homes and, therefore, were not assessed with this project. Mr. Randy Buflie of 1652 Rustic Hills Drive said the assessment area should be expanded. In addition, when the assessments were levied against the properties, the negative impacts were not taken into consideration. Mr. Buffie said developers such as Mr. Prettyman are the biggest benefactors for these improvements because they can pass the costs of the improvements along to the purchasers of their homes. Consequently, those who profit by the improvements should bear a larger percentage of the costs. He said his objections revolved around the following issues: 1) the assessable area should be larger, 2) a larger portion of the assessments should be paid from the general fund, and 3) the developer should pay a larger share. He asked that the project be tabled for further review. Mr. Marvin Post of 2858 Sibley Hills Drive objected to his assessment and objected to the method used to assess his property. The road alignment should have been different but Mr. Post said Mr. Prettyman had refused to allow the road to go through one of the lots in Prettyman Heights because he claimed it had been sold. He wished to note that the lot was still vacant. Mr. Bill Davidek of 1436 Skyline Road said it was his understanding that the developer would help pay the individual homeowners' portions of Skyline Road. (Neither members of the City Council nor staff indicated an awareness of such an agreement). Mr. Davidek said he did not disagree there was some advantage to the road improvements, however, he did not believe his home value increased $18,000. City Attorney Mike Dougherty said that during the process, staff had met with an appraiser to estimate and substantiate the financial aspects of the improvements He said in general it was determined that the project and its assessments were sustainable. Mr. Davidek asked about a senior's plan and then asked why it was not possible to pay half of his assessment immediately with the City carrying the remainder at a lower interest rate. Mr. Dougherty said the homeowner could pay the assessments within thirty days without incurring any interest costs but said the deferment policy, including the senior citizen's deferment is directed by the Minnesota Legislature. In answer to a question from Councilmember Pawlenty, Mr. Dougherty said the City Council is generally restricted to Page 5/EAGAN CITY COUNCIL MINUTES July 2, 1991 whatever the legislature allows as to deferments; however, there could be some Council discretion in carrying charges. Gary Fuchs pointed out that if one wanted to fashion a unique payment plan, it could become part of the negotiations between the homeowner and the City Council in the settlement of any lawsuit. Councilmember Wachter suggested that approval of the assessment roll be postponed to allow additional discussion and explanation. Mayor Egan said the issue could be continued, however, would only delay the inevitable. Director of Public Works Colbert said stall' could explain the assessments but could not provide hope that the assessments would be reduced. In addition, he believed the homeowners understood the methodology, however, disagreed with the amount of the assessments. Mr. Buffie said a mediator should be appointed to negotiate the assessments. City Attorney Dougherty said that once the appeal was in process, settlement negotiations could occur. Councilmember McCrea pointed out that if the assessments were reduced, the money would have to be found elsewhere. Councilmember Gustafson asked City Attorney Dougherty whether the City had an appraisal that indicated that each property increased by a certain number of dollars. Mr. Dougherty said that generally projects are looked at as a whole, not as individual properties. Frances Wood of 1426 Skyline Road said the neighbors were happy with Skyline Drive as it was and have received no benefit with its completion to Highway 13. Ms. Wood said the developer should have picked up the tab and thought the neighborhood generous to pay the improvements in front of their properties. Mayor Egan noted that this is a unique project; however, pointed out that the City has already absorbed approximately 25% of the project costs because of parkland. While the City has attempted to deal with the project and the resultant assessments in as fair a manner as possible, there was general agreement that the process must move forward. Councilmember McCrea asked that staff and legal counsel study the issue of interest deferment or a senior citizen deferment plan for the payment of assessments. McCrea moved, Pawlenty seconded, a motion to close the public hearing, approve the final assessment roll for Project 543R (Skyline Road/Sibley Hills Drive - Streets & Utilities) and authorized its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 524/FINAL ASSESSMENT HEARING JOHNNY CAIN RIDGE ROAD After brief introductions by Mayor Egan and City Administrator Hedges, Director of Public Works Tom Colbert provided background on Project 524. He said at the May 7 final assessment hearing, several issues were raised by the developer regarding the method and the amount of their assessments and, consequently, the hearing was continued for further study. Mr. Colbert said that research, including a preliminary appraisal and review by the City Attorney's office, indicated, however, that 100% of the casts of the project were eligible for financing through special assessments and the assessment roll had been revised accordingly. Mayor Egan then opened the hearing to public comment Mr. Tom Wilmus, of E.H.Wilmus Properties, Inc., said his company objected to the amount of the assessment, with their major objection in regard to the size of the roadway. He said it was over and above that which was needed to serve the property and said a 32' road should have been installed and assessed as such He asked if the appraiser had addressed the issue. Councilmember Gustafson asked City Attorney Dougherty if the appraiser had made an evaluation of the property and assessments based on a 32 foot roadway or a larger roadway. City Attorney Dougherty was unaware of the specs of the appraisal, however, stated that the appraiser had indicated the overall property had benefitted by the amount of the assessment. CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) I, E. J. VanOverbeke, the duly qualified and acting Clerk of the City of Eagan, Dakota county, Minnesota, state that on the 14TH day of JUNE 1991, I served a copy of a Notice of Hearing, a copy of which is attached hereto and made a part hereof, covering Improvement Project No. 5438, consisting of SKYLINE ROAD/SIBLEY HILLS DRIVE - FINAL ASSESSMENT - STREET AND UTILITIES personally upon each of those persons whose names and addresses are reflected on the records of the County Auditor for Dakota County, Minnesota as owners of the property proposed to be assessed for said improvements, by depositing a true and correct copy of said Notice in the United States mail at Eagan, Minnesota, properly addressed to each of said persons. WITNESS my hand officially as said City Clerk and the seal of the City this 14TH day of JUNE , 1991. CITY OF EAGAN (SEAL) of Eagan, Dakota County, EXHIBIT C NOTICE OF ASSESSMENT HEARING PROJECT NO. 543R - SKYLINE ROAD/SIBLEY DRIVE STREET AND UTILITY IMPROVEMENTS CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on July 2, 1991 at 7:00 p.m. to consider the proposed assessment of streets and utilities relating to Improvement Project No. 543R in the following described area: Lots 1 through 18, Block 1, Lots 1 through 4, Block 2, and Lots 1 through 4, Block 3, Prettyman Heights; And Part of Lot 9, Highview Acres (Parcel No. 094-00); And Lots 1 through 15, Rustic Hills; And Lots 1 through 5, Post Addition; And Lot 1 and Lots 3 through 6, Post 2nd Addition; And Lots 5 through 13, Treffle Acres; And Lots 1 through 14, Block 1, Ridgehaven Acres; And The Southwest Quarter - Parcel No. 10-00400-020-56, and the Southeast Quarter - Parcel Nos. 10-00400-011-77, 10-00400-012-77, 10-00400-020-75 and 10-00400-030-75. The area proposed to be assessed is all property described above, all as more fully and particularly described in the assessment roll on file with the City Clerk in his office, which roll is open to public inspection. The total amount of the proposed assessment is $672,818.33. Written or oral objections will be considered at the public hearing. No appeal may be taken as to the amount of any assessment unless a written objection, signed by the affected property owner, is filed with the city Clerk prior to the hearing or presented to the presiding officer at the meeting. An owner may appeal an assessment to district court pursuant to M.S.A. Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City of Eagan within thirty (30) days after the adoption of the assessment and filing such notice with the District Court of Dakota County within ten (10) days after service upon the Mayor or Clerk. Notice is further given that pursuant to the Minnesota Statutes, Sections 435.193 to 435.195, the City of Eagan has adopted City assessment deferral. This ordinance provides that the Eagan City Council may defer the payment of special assessment against homestead property, which is owned and occupied by a person 65 years of age or older or retired by virtue of disability when the assessment would create a hardship upon the property owner. Applications for deferral must be made not later than ninety (90) days after the assessment is adopted. Further information relating to these assessments and to application for deferral of assessments may be obtained from the Special Assessment Division of the Public Works Department and any questions should be directed to that Division. Dated: June 4, 1991 E. J. Vanoverbeke City Clerk - City of Eagan OF 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 454.8100 FAX: (612) 454.8363 THCNdA5 EGAN Mayor DAVID K GUSTAPSON PMAELA rxa+EA TIM RAWLENTY THEODORE WACHTER Council Members June 11, 1991 THOMAS HEDGES City Administrator EIJGENE VAN OVERBEKE City Clark Re: Project 543R, SkylineRoad/Sibiey Rills Drive (Streets &.Utilities Notice of Informational Meeting Prior to Final Assessment Searing Dear Property Owner: Enclosed with this letter is a legal notice of the final assessment hearing scheduled to be held before the City Council at 7:00 p.m. on July 2, 1991. This is the final assessment hearing wherein the final costs associated with the street and utility improvements for Skyline Road/Sibley Hills Drive will be formally presented for consideration of final adoption and certification to Dakota County. Due to the number of business items that the City Council must address at each meeting, time constraints may limit the staff Is ability to properly address all the questions and concerns that may arise to the level of detail desired by the affected property owners. Therefore, we would like to provide an opportunity for you to review and discuss the completed project and proposed final assessments with City staff at an informational meeting scheduled to be held at 6:30 p.m. on Thursday. June 27, 1991, in the Council Chambers. We look forward to being able to meet with you and discuss this project in greater detail. Sincerely, omas A. Colbert, P. E. Director of Public Works TAC/jj Cc: Thomas L. Hedges, City Administrator Enclosure THE LONE OAK TREE ...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmafive Action Employer Notice of Special Assessment Page - 2 - The proposed assessment roll is on file with the City Clerk. The assessments related to this project total $672,818 and the area is as follows: Lots i through 18, Block 1, Lots i through 4, Block 2, and Lots 1 through 4, Block 3, Prettyman Heights; Part of Lot 9, Highview Acres (Parcel No. 094- 00) ; Lots 1 through 15, Rustic Hills; Lots 1 through 5, Post Addition; Lot 1 and Lots 3 through 6. Post 2nd Addition; Lots 5 through 13, Treffle Acres; Lots 1 through 14, Block 1, Ridgehaven Acres; and the Southwest Quarter - Parcel No. 10-00400-020-56, and the Southeast Quarter - Parcel Nos. 10-00400- 011-77, 10-00400-012-77, 10-00400-020-75 and 10-00400-030-75. Written or oral objections will be considered; hearing. An appeal to district court may be made by serving notice upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City has a Senior Citizen deferment ordinance based on income and homestead status. Details are available by calling the Assessment Department, 454-8100. Please note that you will receive additional notice on this matter only if the amount due is amended If you have any questions about this statement, please call Special Assessments at the City of Eagan (454-8100). City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 10-58500-040-00 BADER 55121 10-58500-050-00 KURHAJETZ 55121 10-58501-010-00 SWEENEY 55121 10-58501-030-00 LINDMAN 55121 10-58501-040-00 POST 55121 10-58501-050-00 GLEWWE 55121 10-58501-060-00 OHEARN 55121 10-00400-011-77 DELOSH 83836 10-00400-012-77 OLDRE 55122 FRANCIS 2860 SIBLEY HILLS DR EAGAN MN JOSEPH 2850 SIBLEY HILLS DR EAGAN MN JOHN L 2841 SIBLEY HILLS DR EAGAN NN NORMAN W 2854 SIBLEY HILL DR EAGAN MN MARVIN 2858 SIBLEY HILLS DR EAGAN MN CARL W 2886 SIBLEY HILL DR EAGAN MN DONALD 2888 SIBLEY HILL DR EAGAN MN FREDERICK C 180 OSPREY CIRCLE HOPEi IDAHO GORLYN A 2882 SIBLEY HILL DR RAGAN MN CITY OF EAGAN NOTICE OF SPECIAL ASSESSMENT Project 11OP543 June 7, 1991 The EAGAN CITY COUNCIL will meet on the 2nd day of July, 1991, at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan MN, to approve and adopt the listed special assessments against the following described property: 10-58501-010-00 SWEENEY JOHN L 2841 SIBLEY HILLS DR EAGAN MN 55121 The special assessments are: TOTAL ANNUAL FIRST YEAR FIRST YEAR TYPE OF IMPROVEMENT S /A PRINCIPAL PRINCIPAL INTEREST INSTALLMENTS SANITARY SWR LATERAL 2191 0.00 0.00 0.00 0.00 WATER LATERAL 2193 0.00 0.00 0.00 0.00 SERVICES-SEWER, WATER 2194 0.00 0.00 0.00 0.00 STORM SEWER TRUNK 2195 0.00 0.00 0.00 0.00 STREET-AREA BASIS 2196 2402.74 160.18 289.33 449.51 STREET FRONT FOOT 2197 0.00 0.00 0.00 0.00 TOTAL 2,402.74 160.18 289.33 449.51 You may pay any portion of these special assessments within thirty (30) days, specifically on or before the 1st day of August, 1991, without interest at the Eagan Municipal Center. If you choose to pay after August 1st, 1991 interest will be charged from July 2nd to December 31, 1991. Any unpaid portion will be collected in annual installments of principal and interest for the next 15 YEARS on your future property tax statements which will be issued through the Dakota County Auditor's office. The annual installments include interest at the rate of 8.50 PER CENT per year on the unpaid balance. lei 16 January 1989 Honorable Mayor, City of Eagan Vic Ellison Council-Members, City of Eagan Thomas Egan. David Gustafson, Pamela McCrea. Theodore Wachter References Report for Street & Utility Improvements for Sibley Hills Drive & Skyline Road, Eagan, MN. City Project No. 543R, Comm. No. 4211 As property owners at the following addresses for up to'35 years, we are deeply concerned about the proposals addressed in the above referenced report. We realize the community has to be.developed, but how it will be developed and who will be paying are our concerns. Obviously,?the City of Eagan and the developers will benefit from these improvements, but is it fair to burden an already developed neighborhood with this cost - a neighborhood that will not directly benefit from these improvements. 1. We fail to see any reason to assess us for this project. Our street improvements and utilities were paid for by us in 1970. As all the proposed street and utility improvements are directly attributed to further development, they should be paid for by the instigators and authors of this project. 2. We strongly protest the abandonment of the south portion of the frontage road off Highway 13 accessing Sibley Hills Drive and Rustic Hills Drive. The two frontage road accesses to Highway 13 provide a necessary optional exit to the north or south. Future additional homes in the proposed development area will mean increased traffic, thus increasing the need for both exits. Also, both accesses are needed to successfully negotiate the steep incline during inclement weather. Approaching from the south, the 180 degree turn from Highway 13 to the service road is particularly hazardous. If we are to be assessed for an upgrade to this frontage road, we should also have the privilege of both entrances. 3. We strongly object to the extension and upgrade of Sibley Hills Drive from the intersection of the present upgraded street to the proposed connection to Auge Road. The grade of the proposed extension is 9.61, exceeding the standard of 8)C, The proposed assessment to Lot 1, Post Addition No. 1 of almost $5,000 for a road which already has been upgraded adjacent to his property, with utilities, bituminous surface. and. curbing, is also protested, 4. Whatever is designed or intended for the Prettyman, Ridgehaven and/ or Delosh properties, we stand for & insist on single family homes. 5. Has the City of Eagan required a written development agreement and performance completion bor?d or any other security for the completion of work by the developers? EXHIBIT D PROPERTY OdNER(S) AND ADDRESS Joseph Kurhajetz & Julia Kurhajetz 2850 Sibley Hills Drive Francis Bader & Patricia' Bader 2860 Sibley Hills Drive John Lane Sweeney 2841 Sibley Hills Drive Eleanor Weber 2870 Sibley Hills Drive Donald Hill_& Carol Hill 2880 Sibley Hills Drive Dr. C. L. Cain 2890 Sibley Hills Drive Robert Murray & Marilyn Murray 2852 Sibley Hills Drive Norman Lindman & Joanne Lindman. 2854 Sibley Hills Drive Marvin Post & Audrey Post 2858 Sibley Hills Drive Carl Glewwe & Carol Glewwe 2886 Sibley Hills Drive Donald O'Hearn & Mary Lou O'Hearn 2888 Sibley Hills Drive Gorlyn Oldre & Mrs. Gorlyn Oldre 2882 Sibley Hills Drive Richard McGrew 2882 Sibley Hills Drive SIGNATURES 1 rk:?f?il? ?xf° ?? at?14/ f fu(rl1gN[S'wEtNf "SiGrrwT?+2E it Y GvAnnN,F=D t c ZIj CAP/cl ?1tiYn.nA?/??1 ? T?iaJ t?./? STATE OF MINNESOTA) COUNTY OF DAKOTA ) John L. Sweeney, Petitioner, V. City of Eagan, a Municipal Corporation, Respondent. DISTRICT COURT FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Court File No. CO-91-7938 ORDER The above-entitled matter came on for hearing before the Court at special term at 9:00 a.m. on the 16th day of October, 1991 at the Dakota County Judicial Center, 1560 Highway 55, Hastings, Minnesota, upon the motion of Respondent, the City of Eagan, for an order dismissing Petitioner's Assessment Appeal for failure to comply with Minnesota Statutes Sections 429.061 and 429.081 by filing an objection to the assessment of his property with the City of Eagan prior to or on the date of the final assessment hearing. Severson, Wilcox & Sheldon P.A. by Annette Margarit, appeared as counsel on behalf of Respondent and Tom Bibus appeared on behalf of Petitioner. Based upon the arguments of Counsel and upon all the files, records and proceedings, the Court being duly advised, makes the following Order: IT IS HEREBY ORDERED that Petitioner's Appeal of the special assessment levied -by the Eagan City Council on July 2, 1991 on Petitioner's property, PID Number 10-58501-010-00 be dismissed. LET JUDGMENT BE ENTERED ACCORDINGLY Dated: ,1991 BY THE COURT DISTRICT COURT JUDGE STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: SPECIAL ASSESSMENT APPEAL -------------------------------------------------------------_------ John L. Sweeney, Vs. File No.: Petitioners, NOTICE OF APPEAL OF SPECIAL ASSESSMENT Assessment #: 10-58501-010-00 City of Eagan, a Municipal Corporation, Respondent. -------------------------------------------------------------------- TO: CLERK OF THE ABOVE-NAMED DISTRICT COURT; CITY OF EAGAN, ABOVE-NAMED RESPONDENT AND ITS ATTORNEYS, GRANNIS, GRANNIS, HAUGE, EIDE & KELLER, 1260 Yankee Doodle Road, Eagan, MN 55122: PLEASE TAKE NOTICE that the Petitioner/Appellants herein, John L. Sweeney , as owners of property located at: 2841 Sibley Hills Drive , hereby appeal to the above-named District Court from a special assessment in the amount of $2,402.74, as and for Project Number 10P543R (Sibley Hills Drive/Skyline Road - Streets and Utilities). The nature of the Petitioners'/Appellants' claim is and the grounds of this appeal are: 1) that there was no benefit to the assessed property as a result of Project 5438; 2) the special assessment exceeds the special benefits to the property and is therefore a taking of property without fair compensation in Y violation of the 14th Amendment; and 3) that said assessed property has been improperly, unfairly and unequally assessed, in violation of Minn. Stat. 429 and the 14th Amendment. WHEREFORE, Petitioners/Appellants pray for.the judgment of this Court as follows: 1. That the Special Assessment Role be reviewed and corrected, and that the assessment of Petitioners'/Appellants' property be stricken from the Roll, or be reduced to a proper amount and properly equalized with the assessments of other real properties on the same Roll; 2. That this Court take evidence, or cause evidence to be taken, to enable Petitioners/Appellants to show the illegality, over-valuation, inequality, and error of the special assessment of the real property of Petitioner/Appellants; and 3. That the Court grant such other and further relief as may be just and as the nature of the case requires, together with the costs and disbursements of this proceeding. Dated: ?? 2l 'Ap BIBUS AND LARSON LAW FIRM Thomas W. B bus (#8114) Attorney for Petitioners/ Appellants Sweeney 5350 South Ro eert Trail Inver Grove Heights, MN 55077 612/457-2046 v 2 ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes 549.21, subd. 2 to the party against whom the allegations in this pleading are asserted. Dated: Z6 p omas us Attorney for Petitioners/ Appellants 5350 South Robert Trail Inver Grove Heights, MN 55077 612/457-2046 ??I,; ,•-? ;ten ?: Y I, 1! M...?: .1 IN4UNANU CUIU'ONAUUN WOE. 6-27-5 City of Eagan s?au,h0i Nurthwmturn Fhmoc;., V.-r11nr 7000 Xarm Aw n,w. tiuulh 8100min8too, Minnmot.i 65411 16141 030.1881 l`tl.v: xo. mtktftWxx M3969 PL':ASZ FZNA "A'"US20 OUR ChRX 714 THC AMOUNT OF 3412.37 FOR PA]Tll?dT III PULL OF &pmnjnj a4aasamentsm on 2841 Sibley Hills Dr. parcel 10,08501-010-00 TI'NX YOU. SINC'"2LLY? ' C Title ?ott ??e?e?FlJ7 4d2 95. c'`/ awe-?:, n _ _? C r PERMIT City of Eagan Permit Type:Building Permit Number:EA123277 Date Issued:06/03/2014 Permit Category:ePermit Site Address: 2841 Sibley Hills Dr Lot:1 Block: 0 Addition: Post 2nd PID:10-58501-00-010 Use: Description: Sub Type:Windows/Doors Work Type:Replace Description:Two or More Windows/Doors Census Code:434 - Zoning: Square Feet:0 Occupancy: Construction Type: Comments:Improvements to the home require smoke detectors in all bedrooms. If altering window openings or installing Bay or Bow windows, call for framing inspection. Call for final inspection after installation. Carbon monoxide detectors are required by law in ALL single family homes . Valuation: 4,000.00 Fee Summary:BL - Base Fee $4K $103.25 0801.4085 Surcharge - Based on Valuation $4K $2.00 9001.2195 $105.25 Total: I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Contractor:Owner:- Applicant - John L Sweeney 2841 Sibley Hills Dr Eagan MN 55121 (651) 454-8150 Purpose Driven Restoration Llc 325 Main St NW Elk River MN 55330 (763) 633-4737 Applicant/Permitee: Signature Issued By: Signature PERMIT City of Eagan Permit Type:Plumbing Permit Number:EA153239 Date Issued:12/04/2018 Permit Category:ePermit Site Address: 2841 Sibley Hills Dr Lot:1 Block: 0 Addition: Post 2nd PID:10-58501-00-010 Use: Description: Sub Type:Residential Work Type:Replace Description:Water Heater Meter Size Meter Type Manufacturer Serial Number Remote Number Line Size Comments:Please call Building Inspections at (651) 675-5675 to schedule a final inspection. Allow an 18" minimum radius clearance to the water meter from all appliances (i.e. furnace, water heater, water softener). Fee Summary:PL - Permit Fee (WS &/or WH)$59.00 0801.4087 Surcharge-Fixed $1.00 9001.2195 $60.00 Total: I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Contractor:Owner:- Applicant - John L Sweeney 2841 Sibley Hills Dr Eagan MN 55121 Centraire Heating & Air Conditioning 7402 Washington Ave Eden Prairie MN 55344 (952) 941-1044 Applicant/Permitee: Signature Issued By: Signature PERMIT City of Eagan Permit Type:Mechanical Permit Number:EA153250 Date Issued:12/04/2018 Permit Category:ePermit Site Address: 2841 Sibley Hills Dr Lot:1 Block: 0 Addition: Post 2nd PID:10-58501-00-010 Use: Description: Sub Type:Residential Work Type:Replace Description:Furnace Comments:Questions regarding electrical permit requirements should be directed to State Electrical Inspector, Mark Anderson at (952) 445-2840. Please call Building Inspections at (651) 675-5675 to schedule a final inspection. Fee Summary:ME - Permit Fee (Replacements)$59.00 0801.4088 Surcharge-Fixed $1.00 9001.2195 $60.00 Total: I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Contractor:Owner:- Applicant - John L Sweeney 2841 Sibley Hills Dr Eagan MN 55121 Centraire Heating & Air Conditioning 7402 Washington Ave Eden Prairie MN 55344 (952) 941-1044 Applicant/Permitee: Signature Issued By: Signature