HomeMy WebLinkAbout6.i. Schedule Public Hearing for Reassessment of Project Costs, City Project #387AGENDA ITEM: Schedule Public Hearing for
Reassessment of Project Costs, City
Project #387
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, PE, City Engineer
AGENDA NO. tp .1
ATTACHMENTS: Memorandum; Resolution
APPROVED BY:
RECOMMENDED ACTION: Motion to Adopt a Resolution Setting a Public Hearing for
Reassessment of Project Costs, City Project #387.
9ROSEMOUNT
CITY COUNCIL
City Council Meeting: April 21, 2009
EXECUTIVE SUMMARY
BACKGROUND:
As previously discussed, this item is presented to Council to consider the scheduling of a public hearing
for the reassessment of project costs associated with the Old County Road 38 project, City Project #387
completed in 2007. The reassessment of project costs is for the property located at 2058 Bonaire Path
West.
The attached memorandum from the City Attorney's office outlines the scope and need for Council
consideration to reassess project costs to this property.
SUMMARY:
Staff recommends Council approval of the attached resolution to schedule a public hearing for May 19,
2009.
GAENGPROJ \387 \421- 09CC- SetPHforNovacekAssessmentdoc
CHARTERED
To: Rosemount City Council
Dwight Johnson, City Administrator
From: Mary Tietj en
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
(612) 337 -9277 telephone
(612) 337 -9310 fax
mtietjen@kennedy-graven.com
http://www.kennedy-graven.com
MEMORANDUM
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
A RESOLUTION SETTING THE PUBLIC HEARING FOR
A RE- ASSESSMENT OF PROJECT COSTS FOR 2058 BONAIRE PATH WEST
PARCEL IDENTIFICATION NUMBER 3402110- 010 -51
OLD COUNTY ROAD 38/132 COURT WEST IMPROVEMENTS
CITY PROJECT #387
WHEREAS, the City Council of the City of Rosemount adopted assessments for City Project #387
on October 2, 2007; and
WHEREAS, said assessments included an assessment to property located at 2058 Bonaire Path
West in the amount of $54,930; and
WHEREAS, the Council has been advised by the City Attorney that said assessment should be
reconsidered by the City Council for reassessment in accordance with Minnesota Statutes, Section
429.071, Subd. 2.
NOW THEREFORE BE IT RESOLVED BY THE CITY :COUNCIL OF THE CITY OF
ROSEMOUNT, MINNESOTA:
1. A public hearing shall be held on the proposed reassessment of property at 2058 Bonaire
Path West on the 19 day of May, 2009, in the Council Chambers of the City Hall at 7:30
p.m. or as soon thereafter as possible and the City Clerk shall give mailed and published
notice of such hearing and improvements as required by law.
ADOPTED this 21st day of April, 2009.
ATTEST:
Amy Domeier, City Clerk
William H. Droste, Mayor
350235v2 CLL RS220 -270
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2009—
Motion by: Seconded by
Voted in favor:
Voted against: