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Home My WebLink About7. Assessment Hearing for CSAH 46/Trunk Highway 3 Street & Utility Improvements, City Project 284;a CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: October 5, 2004 AGENDA ITEM: Assessment Hearing -CSAH 46/Trunk Highway AGENDA SECTION: .3 Street & Utility Improvements, City Project #284 Public Hearing PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA Np * ff M , -7 ATTACHMENTS: Resolution, Assessment Roll, Map, APPROVED BY: Assessment Calculations and Letter of Objection RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CSAH 46/TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #284. ACTION: BACKGROUND: At the September 7, 2004 meeting the City Council declared costs and called for the Public Hearing to consider the assessments for the CSAH 46/Trunk Highway 3 Street & Utility Improvements, City Project #284. The total City project cost is $1,129,968. This amount is 10.7% higher than the estimated cost. as a result of increased right -of -way acquisition and project costs. Of the $1,129,968, $460,767.50 is proposed to be assessed to adjacent properties as shown on the attached assessment roll. The assessments were calculated on a front footage basis for the watermain and surface improvements on Canada Circle, surface improvements on the north frontage road on 160t Street and storm sewer and surface improvements on Trunk Highway 3.. The calculations are shown on the assessment' calculation sheet. The project will be assessed over a 10 -year period at an interest rate of 6.8151 %. If required, Staff will provide a brief overview of the project and answer any questions that you or the public may have regarding this item. SUMMARY: Staff recommends that the City Council adopt the assessment roll as presented. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004- A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CSAH 46 /TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 4284 WHEREAS, pursuant to notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed assessment for CSAH 46 /Trunk Highway 3 Street and Utility Improvements, City Project #284, and has amended such proposed assessment as it deems just. 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 $460,767.50, a copy of which is in Clerk's File 2004 — 39 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 ten (10) years, the first of said installments to be payable with general taxes for the year 2004, collectible with such taxes during the year 2005. b. To the first installment shall be added interest at the rate of 6.8151% per annum on the entire principal amount of the assessment from the date of this resolution 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. (3) 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. Resolution 2004 - ADOPTED this 5 th day of October, 2004. William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk CERTIFICATION 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 5 th day of October, 2004, as disclosed by the records of said City in my possession. (SEAL) Motion by: Voted in favor: Voted against: Linda Jentink, City Clerk Seconded by: 2 CITY OF ROSEMOUNT ASSESSMENT ROLL /MAILING LIST PROJECT NAME PROJECT NO. ASSESSMENT HEARING DATE ASSESSMENT DUE BEFORE ASSESSMENT TERM (YEAR) : County Road 46 /Trunk Highway 3 Street and Utility Improvements : 284 : October 5, 2004 : November 4, 2004 : Ten (10) EXHIBIT "A" PID FULL NAME MAILING ADDRESS CITY, STATE ZIP TOTAL ASSESSMENT 340321001273 SEMSTREAM WILLIAMS ENERGY 6120 SOUTH YALE, SUITE 650 TULSA, OK 74136 $44,624.25 340321001970 CAR NAV FIVE 124172 ND AVE. NE FRIDLEY, MN 55432 $26,268.00 340321001470 MICHAEL S MURGIC MURGICS AUTO BODY 3670 155 ST W ROSEMOUNT, MN 55068 $26,268.00 340321001165 PAHL FAMILY LTD PARNERSHIP, % GARY PAHL 6885 160 STREET APPLE VALLEY, MN 55124 $68,091.75 340321002370 CAR NAV FIVE 1482 BUSSART CT ST PAUL, MN 55112 $160,915.50 340321001585 DONFRACO MIDWEST WALL SYSTEM 633 2 AVE SO, SUITE 755 HOPKINS, MN 55343 $18,000.00 340321001985 METRO MOSQUITO CONTROL DIST 2099 UNIVERSITY AVE W SAINT PAUL, MN 55101 $18,000.00 340321004085 MARK E & SUSAN D THEORIN 1106 170 ST W FARMINGTON, MN 55024 $18,200.00 340321005185 DAKOTA ENTERPRISES FAMILY PARTNERSHIP DAKOTA FENCING 15953 BISCAYNE AVE ROSEMOUNT, MN 55068 $17,300.00 343280001001 HIGHSTONE LMTD PTNSHP %JOAN ANDERSON 6904 145 TH ST APPLE VALLEY, MN 55124 $54,100.00 340311001096 BRETT J & LEAH M DEBATES 23440 WOODLAND RD LAKEVILLE, MN 55044 $9,000.00 TOTAL $460,767.50 Sep 21 04 03:50p p,1 September 21, 2004 City of Rosemount c/o City Clerk City Hall 2875 145` St. W. Rosemount, MN 55068 -4997 Re: City Project No. 284 Car Nav Five: PID #340321001970 PID #340321002370 To the City of Rosemount: Please enter our objections to the proposed assessments. Thank you. Car v Five / by ; C. ItE CEIVe SEP 2 2 2004 MY OF "Eh ow Partner 1482 Bussard Ct. St. Paul, MN 55112 CITY PROJECT NO.284 COUNTY ROAD 461TRUNK HIGHWAY 3 STREET AND UTILITY IMPROVEMENTS ASSESSMENT ROLL Owner PID Canada Circle North 160th Frontage Road T.H. 3 TOTAL W atermain Street Street Street Frontage (ft) Assessment Assessment Frontage Assessment Frontage Assessment Semstream 340321001273 $ 18,768.00 525 $ 25,856.25 $ 44,624.25 Car Nav Five 340321001970 394 $ 7,500.00 $ 18,768.00 $ 26,268.00 Murgic's Auto Body 340321001470 394 $ 7,500.00 $ 18,768.00 $ 26,268.00 Pahl Family Ltd Partnership 340321001165 430 $ 8,200.00 $ 18,768.00 835 $ 41,123.75 $ 68,091.75 Car Nav Five (West of T.H. 3) 340321002370 236 $ 4,500.00 $ 18,768.00 760 $ 37,430.00 $ 60,698.00 Car Nav Five East of T.H. 3 340321002370 649 $ 35,700.00 1310 $ 64,517.50 $ 100,217.50 Hi hstone Lmtd Partnership 343280001001 984 $ 54,100.00 $ 54,100.00 Donfranco 340321001585 328 $ 18,000.00 $ 18,000.00 Metro Mosquito Control District 340321001985 328 $ 18,000.00 $ 18,000.00 Mark E & Susan D Theorin 340321004085 331 $ 18,200.00 $ 18,200.00 Dakota Enterprises Family Partnership 340321005185 315 $ 17,300.00 $ 17,300.00 Brett J & Leah M Debates 340311001096 164 $ 9,000.00 $ 9,000.00 TOTAL $ 27,700.00 $ 93,840.00 $ 170,300.00 $ 168,927.50 $ 460,767.50 Prepaid Special Assessments $ 188,372.00 TOTAL $ 649,139.50 Notes: Assessment rate for commercial /industrial water main construction is $18.99 /front foot. (Half of a 12" main) Assessment rate for Canada Circle: ($137,6770.5 / 5 parcels) + $5,000 = $18,768 Assessment rate for street construction on County Road 46 and North Frontage Road is $55.00 /front foot. (half of a 38" wide street) Assessment rate for T.H. 3 street construction storm drain is $49.25 /front foot. ($168,927 / 3,430' total frontage = $49.25 /front foot) Prepaid special assessments collected with subdivision agreements along 160th Street prior to this project. �N ROSEMOUNT CO. RD. 46 / T: H. 3 FILE N DRAWN( ��N ► PROJECT A- ROSEM0001 MINNESOTA CITY PROJECT NO. 284 LAYOUT DATE NO. 3 -6 -00 2 ROSEMOU NT CITY HALL 2875 - 145th Street West Rosemount, MN 55068 -4997 Phone: 651 - 423 -4411 Hearing Impaired: 651 - 423 -6219 Fax: 651- 423 -5203 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE FOR NOTICE OF HEARING ON ASSESSMENTS CHIPPENDALE AVENUE /CSAH 42 STREET AND UTILITY IMPROVEMENTS CITY PROJECT #344 STATE OF MINNESOTA ) COUNTY OF DAKOTA )ss. CITY OF ROSEMOUNT ) Linda Jentink, being first duly sworn, deposes and says: I am a United States Citizen and the duly qualified City Clerk of the City of Rosemount, Minnesota. On September 15, 2004, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and on September 15, 2004 deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding the proposed Chippendale Avenue /CSAH 42 Street and Utility Improvements and appurtenant work for City Project #344 enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. Linda Jentink, i Jerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this I S � day of September, 2004. ROSEMOUNT CITY HALL 2875 - 145th Street West Rosemount, MN 55068 -4997 Phone: 651 - 423 -4411 Hearing Impaired: 651 - 423 -6219 Fax: 651 - 423 -5203 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENTS FOR CITY PROJECT NO. 344 TO: TIME AND PLACE GENERAL NATURE OF IMPROVEMENTS: Notice is hereby given that the City Council of the City of Rosemount, Minnesota, will meet in the City Hall in the City of Rosemount, 2875 145th Street West, Rosemount, Minnesota, on the day of October 5, 2004 at 7:30 p.m., or as soon thereafter as possible, to consider objections to the proposed assessments for streets, curb & gutter, watermain, sidewalks, sewer and water services and appurtenant work for the Chippendale /CSAH42 Street and Utility Improvements, City Project #344, heretofore ordered by the City Council. The Council may adopt the proposed assessment at the hearing. ASSESSMENT ROLL OPEN TO INSPECTION: The proposed assessment roll is on file with the City Clerk and open to public inspection. AREA PROPOSED TO BE ASSESSED: The area proposed to be assessed consists of every lot, piece or parcel of land benefited by said improvements, which has been ordered made and is as follows: all that area generally described as Parcel Identification Numbers 34- 62853- 090 -01; 34- 03010 - 020 -95; 030 -95; 010 -95; 34- 47501 - 020 -01; 34- 71150- 012 -01; 34- 64630 - 040 -011; 34- in Rosemount, Minnesota, as on file and of record in the office of the County Recorder, Dakota County, Minnesota. TOTAL AMOUNT OF PROPOSED: The total amount proposed to be assessed is $78,022. WRITTEN OR ORAL OBJECTIONS: Written or oral objections will be considered at the hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Dakota County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. 1 LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause. DEFERMENT OF ASSESSMENTS: Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. However, the City has .elected not to establish any deferment procedure pursuant to those Sections. SPECIFIC AMOUNT TO BE ASSESSED: The amount to be specifically assessed against your particular lot, piece of parcel of land is shown on Exhibit A. PREPAYMENT: You may prepay the entire assessment to the Treasurer of the City until the assessment roll is certified to the County Auditor; after certification to the County Auditor, prepayments of the entire amount remaining due may be made to the County Auditor at any time. NO PARTIAL: The City Council has not authorized the partial prepayment of assessments prior to certification of the assessment or the first installment thereof to the County Auditor. PREPAYMENT WITHOUT INTEREST, OR WITH INTEREST TO END OF YEAR: No interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment roll. If the property owner pays the entire amount at any time after 30 days, but before any certification to the County Auditor, he or she needs to pay only the amount of interest accrued as of the date of payment. At any time after the certification, the property owner may still pay the entire amount remaining unpaid to the County Treasurer. In this case, however, prior to November 15 of any year the property owner must pay all interest, which would have accrued to December 31 of the year in which the person makes the payment. INTEREST RATE: If the assessment is not prepaid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 4.8879 %. Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such resolution. Assessments shall be payable in equal annual installments extending over a period of up to 10 years, the first of the installments to be payable with general taxes for the year 2004, collectible with such taxes during the year 2005. 2 Dated this 10`" day of September, 2004. BY ORDER OF THE CITY COUNCIL. 4 2' Linda Jentink City Clerk City of Rosemount Dakota County, MN Auxiliary aids and services are available - Please contact City Clerk at (612)322 -2003, or TDD No. (612)423 -6219, no later than September 29, 2004 to make a request. Examples of auxiliary aids or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. 3 CITY OF ROSEMOUNT ASSESSMENT ROLL/MAILING LIST PROJECT NAME PROJECT NO. ASSESSMENT HEARING DATE ASSESSMENT DUE BEFORE ASSESSMENT TERM (YEAR) Chippendale /CSAH 42 Street and Utility Improvements 344 October 5, 2004 November 4, 2004 Ten (10) EXHIBIT "A" PID FULL NAME MAILING ADDRESS CITY, STATE ZIP TOTAL ASSESSMENT 346285309001 EDWIN & KATHLEEN R TOUSIGNANT 14530 CHIPPENDALE AVENUE ROSEMOUNT, MN 55068 $1,572.00 340301003095 FRED UITDENBOGERD 14540 DODD BLVD ROSEMOUNT, MN 55068 $14,740.00 340301001095 GLEN & IONE UITDENBOGERD 14625 CHIPPENDALE AVENUE ROSEMOUNT, MN 55068 $1,572.00 340301002095 ERIC A & JENNIFER K HEIM 14645 CHIPPENDALE AVENUE ROSEMOUNT, MN 55068 $1,572.00 344750102001 ROSEMOUNT NATIONAL BANK 15055 CHIPPENDALE AVNEUE ROSEMOUNT, MN 55068 $21,371.00 347115001201 LYNDALE TERMINAL HOLIDAY CONVENIENCE STORE P. O. BOX 1224 MINNEAPOLIS, MN 55440 $12,178.00 346463004001 LUCY B CARLSON CHIPPENDALE CENTER %UNITED PROPERTIES 3500 W 80 STREET SUITE 200 BLOOMINGTON, MN 55431 $12,178.00 TOTAL $65,183.00 The Rosemount Town Pages AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Chad Richardson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper, known as The Rosemount Town Pages, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by MinnesoV Statutes 311A.02, 331A.07 an er appl' able laws, as amen �. (� (B) The printed rJ �] which is attached, was cut from the columns f said newspaper, and was printed and published once each week for successive wee s; it was frst published on Thursday, th f 7 day of 2004 and was thereafter printed and published on every Thursday, to 4nd including Thursday, the c; day of �� , 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklumopgrstuvwxyz C-ta By: Subscribed nd swor to before me on this day OF 2004. C Notary u lic AFFIDAVIT DAWN M SMITH NOTARY PUBLIC - MINNESOTA IV AY Commission Expires Jan. 31 . 9n FEES: " =- First Insertion: File # inches, @$ Additional Insertions: inches, @$ Affidavit fee $ Total $ September 27, 2004 In response to City of Rosemount, Dakota Country, Minnesota Notice of Hearing on assessments for city project 344 Fred Uitdenbogerd, 14540 Dodd Blvd., Rosemount, MN 55068 I, Glen A. Uitdenbogerd, having Power of Attorney for my father, Fred Uitdenbogerd, upon receipt of my Register Letter, object to the assessment of $13,168.00 for sewer and water services on the property at 14540 Dodd Blvd. (PID 340301003095) for the following reasons: In the month of July, 2003, the property went up for sale. Three different interested buyers did not purchase the property because they were told the property south of the existing garage was an un- buildable lot. The lot was not deep enough for a house and therefore could not meet Rosemount City requirements. I met with the city planner prior to this and was told the same thing. As City Project #344 progressed, one day I noticed digging on this property. I walked over and questioned the crew and was told the cily had ordered two (2) sewer and water services be dug into the property. I immediately went to City Hall and was told by the city planner, they were doing this because "some day" the lot restriction may ease allowing construction on the lots. The property was sold before the services were started. The new owners were not confronted neither were we. We live under the present rules which states the property in question is an un- buildable property. We, therefore, object to the assessments. My father turns 99 in April 2005 and will be long gone when the rules will change, if ever. Glen A. Uitdenboge , P/A for Fred Uitdenbogerd cc: Fluegel /Moynahan Law Offices RECD S E P 3 0 2004 CHIPPEN.DALE/CSAH 42 STREET AND UTILITY IMPROVEMENTS CITY PROJECT #344 ASSESSMENT HEARING OCTOBER 5. 2004 PROJECT IMPROVEMENTS • SURFACE IMPROVEMENTS -� FULL WIDTH STREET RECONSTRUCTION AND WIDENING BETWEEN CSAH 42 NORTH TO 149 STREET WEST -> FULL WIDTH MILL AND OVERLAY WITH RANDOM CURB REPLACEMENT FROM 149T STREET WEST NORTH TO DODD BOULEVARD EDGE MILL AND OVERLAY FROM CSAH 42 SOUTH TO 151 STREET -� FULL WIDTH MILL AND OVERLAY WITH ADDITIONAL TURN LANES INSTALLED AND EXISTING TURN LANES MODIFIED ON CSAH 42 REVISED SIGNAL SYSTEM INSTALLED AT THE INTERSECTION OF CHIPPENDALE AVENUE AND CSAH 42 INSTALLATION OF CONCRETE MEDIANS ON CHIPPENDALE AVENUE FOR TURN LANE DESIGNATION ON BOTH THE NORTH AND SOUTH SIDE OF THE INTERSECTION WITH CSAH 42 • UTILITY IMPROVEMENTS -> MINOR UTILITY WORK INCLUDING CATCH BASIN RELOCATIONS AND HYDRANT .RELOCATIONS FOR STREET MODIFICATIONS TOTAL PROJECT COSTS • SURFACE IMPROVEMENTS $1,220,241 • SANITARY SEWER IMPROVEMENTS $ 14,126 • WATERMAIN IMPROVEMENTS $ 18,086 • STORM SEWER IMPROVEMENTS $ 67,725 • TOTAL $1,320,178 PROJECT FUNDING • DAKOTA COUNTY $301 • MSAS FUNDS $414 • WATER CORE FUNDS $4 • STORM CORE FUND $67 • SANITARY CORE FUND $14 • STREET CIP $439 • SPECIAL ASSESSMENTS $78,022 TOTAL $1,320,178 J i �� l; I � r�l �E Proposed Assessment "50Oio A""""" S. .3M 1, s CSAH 42 & CIHPPENDALE AVENUE RECONSTRUCTION PROJECT M8 P.0Na 01339 �.SB om: MinMapopa, MN 55171 �R, Pmled Nc OVERALL PROJECT LOCATION MAP Figure Number Rosemount, Minnesota