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Home My WebLink About7.a. Reassessment Hearing, City Project #387AGENDA ITEM: Reassessment Hearing, City Project #387 AGENDA SECTION: Public Hearing PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO. �.Q. ATTACHMENTS: April 14, 2009 Letter; Resolution; Map p p A PPROVED BY: ti RECOMMENDED ACTION: Motion to Adopt a Resolution Adopting the Reassessment of Project Costs, City Project #387. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: May 19, 2009 EXECUTIVE SUMMARY BACKGROUND: As previously discussed, the City Council adopted special assessments for the Old County Road 38/132, d Court West Street and Utility Improvements, City Project #387 on November 7, 2007. As part of this action, an assessment in the amount of $54,930 was levied to the property located at 2058 Bonaire Path in accordance with and to be consistent with the assessment formula for the project. Based on an appeal of the assessment amount by the property owners, a benefit appraisal was completed that concluded the benefit to the property is $35,000. The parties have discussed settlement options. To -date a settlement has not been reached and the parties are scheduled to mediate the matter this month with a trial date scheduled for June. Prior to the trial date, the Council has the authority under Minnesota Statutes 429.071 to adopt a reassessment for the parcel. SUMMARY: Staff recommends Council approval of the attached resolution. G: \ENGPROJ\ 387\ 5- 19- 09CC- Novacek ssessmentPH.doc CHARTERED To: Rosemount City Council Dwight Johnson, City Administrator From: Mary Tietjen Date: April 14, 2009 Re: Novacek v. City of Rosemount Reassessment Mary D. Tietjen 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 On November 7, 2007, the City Council adopted special assessments for properties benefited by the Old County Road38 /132 Court West Street and Utility Improvement Project, City Project No. 387. The Novaceks' property was assessed in the amount of $54,930. The Novaceks appealed to Dakota County District Court, claiming that the assessment exceeds the special benefit to their property and alleging that the assessment was not applied in a uniform manner. The City obtained a professional appraisal (still in draft form) from Robert Lunz that concluded benefit to the Novacek property in the amount of $35,000. The parties have discussed settlement; however, at its meeting on March 18, 2009, the City Council rejected the Novaceks proposal. Because Mr. Lunz concluded that the benefit is less than the original assessment of $54,930, we are recommending that the Council adopt a reassessment for the Novacek property in the amount of $35,000. Under Minnesota Statutes section 429.071, the Council has the authority to adopt a reassessment for any parcel in the event it determines the assessment is in error. Staff will draft a proposed Resolution for your consideration. cc: Andy Brotzler, City Engineer Charlie LeFevere, City Attorney (612) 337 -9277 telephone (612) 337 -9310 fax mtietjen@kennedy-graven.com http://www.kennedy-graven.com MEMORANDUM CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2009- Resolution 2009 A RESOLUTION ADOPTING THE REASSESSMENT FOR PARCEL 340211001051 OLD COUNTY ROAD 381132 COURT WEST STREET AND UTILITY IMPROVEMENTS CITY PROJECT #387 WHEREAS, by Resolution Number 2007 -98, adopted on November 7, 2007, the Council approved the levy of special assessments for City Project #387; and WHEREAS, such assessments included an assessment for Parcel 340211001051 in the amount of $54,930.00 (the "Original Assessment and WHEREAS, on the advice of legal counsel, the Council has determined, in accordance with Minnesota Statutes, Section 429.071, Subd. 2, that the Original Assessment may have been invalid to the extent it exceeded $35,000; and WHEREAS, the Council has determined that the assessment should be reduced to $35,000; and WHEREAS, payments of installments of the Original Assessment have been made or will be made; and WHEREAS, the Council has determined that an appropriate adjustment for payments of installments made or to be made in 2009, result in an assessment in the amount of $21,576.48 payable in installments commencing in 2010 as hereinafter set forth; and WHEREAS, pursuant to notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed reassessment for Old County Road 38/132nd Court West Street and Utility Improvements, City Project #387. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rosemount, Minnesota, as follows: (1) Such proposed assessment in the amount of $21,576.48, a copy of which is in Clerk's File dated 5- 19 -09, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefited by the proposed improvement. (2) Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of eight (8) years, the first of said installments to be payable with general taxes for the year 2009, collectible with such taxes during the year 2010. 1 (3) A'11'EST: b. To the first installment shall be added interest at the rate of 5.9659% per annum on the entire principal amount of the assessment from December 31, 2009 until December 31 of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. c. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the date hereof; and such property owner may at any time prior to November 15 of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31 of the year in which said payment is made. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment roll to the County Auditor to be extended on the tax list of the County. ADOPTED this 19th day of May, 2009. Amy Domeier, City Clerk (SEAL) Amy Domeier, City Clerk William H. Droste, Mayor CERTIFICATION Resolution 2009 I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 19th day of May, 2009, as disclosed by the records of said City in my possession. Motion by: Seconded by: Voted in favor: Voted against: 2 Reassessme t for Parcel 340211001051 Old County Road 38 Street Improvements i WILDE LAKE •O KIRSCHt` :R MARSI LAKE 750 1,500 3,000 4,500 6,000 IFeet T:/ /GIS /City /Maps/Departrnental Maps Engineering /Chris/Reassessment Novacek parcel MARE POND RE POND MCMENOMY POND H ST SAr 4'l 73 OAD W May 2009