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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: