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Home My WebLink About7.d. Chippendale Avenue Street & Utility Improvements, City Project #290 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COUNCIL MEETING DATE: October 19, 1999 AGENDA ITEM: Assessment Hearing-Chippendale Avenue AGENDA SECTION: Street & Utility Improvements, City Project #290 Public Hearing PREPARED BY: Bud Osmundson AGEND�� 7 � � City Engineer/Public Works Director � ATTACHMENTS: Resolution, Project Cost & Funding APPROVED BY: Summaries Assessment Roll and Drawin W►*�tten Ob j ect i on - At the September 21 , 1999 meeting the City Council declared costs and called for the Public Hearing to consider the assessments for the Chippendale Avenue Street & Utility Improvements, City Project #290. The total project cost was 51,385,094. The total project cost includes 560,300 which will come from the Park Fund for the improvements for the parking lot in Winds Crossing Park; approximately 585,328 which will come from the Storm Drain Utility Fund; approximately $56,000 which will come from the Sanitary Sewer Utility Fund and approximately $80,700 from the Watermain Utility Fund. Approximately 5374,703 will come from assessment to adjacent properties and the remaining 5728,176 will come from Municipal State Aid Funds. The project will be assessed over a ten year period at an interest rate of 6.5386%. Staff will provide a brief overview of the project and answer any questions that you or the public may have regarding this item. Staff recommends that the City Council adopt the assessment roll as presented. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CHIPPENDALE AVENUE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #290. COUNCIL ACTION: 4 ` CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1999 - A RESOWTION ADOPTING THE ASSESSMENT ROLL FOR THE CHIPPENDALE AVENUE STREET AND UTILITY IMPROVEMENTS CITY PROJECT #290 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 the Chippendale Avenue Street and Utility Improvements, City Project #290, 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 $374,703, a copy of which is in Clerk's File 1999-38 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 1999, collectible with such taxes during the year 2000. b. To the first installment shall be added interest at the rate of 6.5386% 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. Resolution 1999 - (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. ADOPTED this 19th day of October, 1999. Cathy Busho, Mayor ATTEST: Susan M. 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M ,� Q M O O O N N N �` � ^ � � � o co o � o 00 0 � mn o � o o � o c� � � N N � d � � a � �t d V = o st �t = 'a � _ '� �t = c �f v a a Q Q Q M f`7 M M C� M M M Q U M M Q Q M Q Q M Q N M M PROJECT COST SUMMARY � CITY PROJECT#290 CHIPPENDALE AVENUE STREET AND UTILITY RECONSTRUCTION ITEM �— AMOUNT CONSTRUCTION COST: Watermain $66,147.00 Sanitary Sewer $45,810.00 Storm Drain $243,797.00 Street $779,572.00 Subtotal $1,135,326.00 ENGINEERING: Design Engineering $116,523.00 Construction Engineering $62,408.00 Soil Borings/Testing $4,899.00 _ Subtotal $183,830.00 ADMINISTRATION, LEGAL, FINANCE Administration (5% Construction Cost) $56,766.00 Easements Legal Notices : $342.00 Legal Fees $2,969.00 Recording Fees $252.00 Capitalized Interest $759.00 Bond Issuance Costs $4,460.00 Permits $390.00 Subtotal $65,938.00 TOTAL PROJECT COST $1,385,094.00 PROJECT FUNDING SUMMARY CITY PROJECT#290 CHIPPENDALE AVENUE STREET AND UTILITY RECONSTRUCTION TOTAL PROJECT COST FUNDING SOURCES AMOUNT Streets: Park Fund $60,300.00 MSA $516,073.00 Assessments $374,703.00 Subtotal $951,076.00 Storm Drain: MSA $212,103.00 Utility Fund $85,328.00 Subtotal $297,431.00 Sanitary Sewer: Utility Fund $55,888.00 Subtotal $55,888.00 Watermain: Utility Fund $80,699.00 Subtotal $80,699.00 TOTAL FUNDING $1,385,094.00 � � v � '�7�:1i1\�i ov � � � " " � \ � . i i � �, � --'— ---.-- —_ ---,_" , I' – %-- – �i � �7 . -d;;;;` 1 ' '� � � X '�� .. ; � , � . �. a , � ; " _48� �. /i , �� ;�� , ;/�� fl � 1 i �� `\� . :;':_ � ,' ti . ��I � � 'r� _ ��'; � "' � ' � �i �� `'U %% ;`� � _ . � �1� �—,��r ��.I� ��J i` �.^'"�� ' .�a . � II �' q +, \�� %��'� `, � `, �' \ ��;�!/ ;:;��' �.`j � 1� ' ' g .i . � ��, .�� , a II � � ` � �� i I I I I ._ � � �--�� , ., �, ;� ,�, �„ � ;szndsa;�� ' %r- .;:��/� �, , ( -��- � - -� n 1 ,'/l:p" /,�� / !/ � '� ;�I �: \ /�, i � �, _� r � �.�,J �I�/��I � � , =� :� ,/f \ / � ��11j��' ',�� '. , ./.>., / ! �: J:/ I �` (�� ► � � � �► �f l;- I E I 1 1 " � /I . � � f � / — II ( . � , 1' 19 1 ( /;; ' . � � i _ ---! 1,� !I �, ; , %i t�am s� � �� .. .. , ,,,;� �� . -� ( I � I �---: ^-, �r -�& �,� % ��.�} �'� I � � i i r---; .-� ,i` �� ; \,��i L�f="' 1 i ic��i�' -J � t� ` ��; u �_'�^,..tb ;,•� � � '� — , �. . �+ 'b �� ''C7 'c;��c��:'��t�� ,: ;; � '� � r � % � ti � ,.�•,,�� r-, 't,�?L ,r'L^1 � �,1 `_�''S� �I ' c ( ...i� \�\r I .•�) � "`��— � .''�� f� Fj{ �!� / `\\\p,\ � � � ^.� J' ��. � . 'II .�'t'}'.' � I ' :� ��-'}( `\�11• - � I r r i f �`��I� il �� :/ % � ;/ �� . � ��i�� ) �� ,� ,f `X � '�I � ��_r � , � „ �� lil,`�� -�- ;`�� '�! ,l'�if � - �,- :��`/ �` h % i! ��-' '�. �`'=-'� ' '��" ,�� ,�� .� \ �.,:;��,..�!� ; ,/%,� , t%'/ �� r a • �+�� - _�`� :%;=w � ,� �'�" i%� n n �- --��:"r.� � 4 ' Y�'�� i I� �i I^ �.��. � '�i� ��,��(� j1� �� . ,a'� / ::•; ,�� /" y � ��f,` �� II, _ , • �'N//,� .��li �/• ' �--� ,., Park �1'. � ;�/ . /\� _� `�\� � �„ ✓r� Ii (1•� \\ / � ;i!� ;%i: �� ' L /i%/�./ ' ��I / � ' i .�r. • - _ �� ;�,r��, �,{f�� , ` ��J I �i� ,�� /� ; / ��. . JYWC I �' �i' '' /�� /. r-�;�` �� y �I� , :.:y��--� ,�. � �" � ' � i� 2 .a'��;,.y,� �. �,� �� i,, �� ;'r u;' l;�' r / �• � � i 4 \ �� -r t � I� 'v�� / /li i'� � 1 � .\ ��.'\; •I��i �� i�'�`' y� `•L�� i' � . .�'.%%�/�(/ i� / �, .� �ti /' � � "i�,':� ! e I � �j' -l---�.� � � � � � � ' �. "�, . . �. . ..�.;y:�;,� � �—� r,,.. � � �� i�-:-- o � ��. � , � � � ,. ..3 '- ! ;%�� '( ,-`v �� ,� I �„ -•��i/;;;�;� �� Irr 11 � C5 % ;��r��_ — _ -- �. —� -- — - „ � -i;%�_ , .i► �„��,,.,� Chi endale�ivenue � Ciryoexnscmo�mt Figure WS8► lia�ap°o�'MN 66426 pp � �s�5 t4��h s�west Number � .,�,-.,,,, ,,,, „ ,,,, CSAH 42 to 16Qth Street W . ��t,r� 12 +�K� ��•.*'�0° Rosemount,Minaesota (612)#`3�-sli lIrPAlTRUCSLIlt • B:0?��i3 -►WNCR7 ill Sherry Sherry Law Off'ice .;,.•��_.;��.�:a 4855 Dominica Way•Apple Valley,MN 55124-8761 Phone(612)423-8423•Fax(612)423-1556 email:bsherry@sherrylaw.com October 11 , 1999 Ms. Susan M. Walsh Rosemount City Clerk Rosemount City Hall 2875 — 145th St. W. Rosemount, MN 55068-4997 Re: Objection to Proposed Assessment Dear Ms. Walsh: Enclosed and served upon you by U.S. Mail pursuant to Minn. Stat. §429.061 is an OBJECTION TO PROPOSED ASSESSMENT regarding Chippendale Avenue Street and Utility Improvements, Rosemount City Project No. 290, PID Number 34-71150-022-02, located at Evergreen Gardens 3450 — 1515t St. W., Rosemount, MN 55068. I will appear with my clients at the October 19th Council Meeting to present further information and evidence regarding the impropriety of the proposed assessment. Please notify me immediately if this notice of objection is in any way deficient, or if anything further is required, or if you have any questions. Thank you in advance for your anticipated cooperation. Sincerely, �, Bill Sherry Sherry Law Office Enclosure cc: Leroy and Judy Gunhus Get back what you've lost and protect your future. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA Notice of OBJECTION TO PROPOSED ASSESSMENT For Chippendale Avenue Street and Utility Improvements City Project No. 290 To: Ms. Susan M. Walsh Rosemount City Clerk Rosemount City Hall 2875 - 145th St. W. Rosemount, MN 55068-4997 Notice Date: October 11, 1999 PID Number: 34-71150-022-02 Property Owners: Leroy C. & Judy A. Gunhus Property Address: Evergreen Gardens, Inc. 3450 - 1 5152 St. W. Rosemount, MN 55068 PLEASE TAKE NOTICE that pursuant to Minnesota Statute §429.061 (1998), property owners Leroy C. & Judy A. Gunhus hereby OBJECT to the $16,710.00 proposed assessment upon PID No. 34-71150-022-02, located at Evergreen Gardens, 3450 - 151 St Street West, Rosemount, Dakota County, Minnesota, as more fully described in the September 22, 1999 NOTICE and ASSESSMENT ROLL for the Chippendale Avenue Street and Utility Improvements, Rosemount City Project No. 290, attached and incorporated by reference into this OBJECTION. OBJECTION TO PROPOSED ASSESSMENT - Rosemount City Project No. 290 October 11, 1999 Page 2 This objection to the proposed assessment is made because the affected property identified above did not and does not benefit from the improvements, in that the property does not front on Chippendale Avenue, and because the affected property owners were forced to forfeit direct access to Chippendale Avenue via a business driveway, causing them to incur and suffer past and future loss of direct access to Chippendale Avenue, loss of visibility, loss of use and convenience, business disruption and personal expense in building a replacement driveway onto 151 S` Street. Additional information and evidence regarding the unfairness and impropriety of the proposed assessment will be presented at the October 19, 1999 hearing. Pursuant to Minnesota Statute §429.061 and all other relevant authority, and in consideration of the otherwise uncompensible losses sustained as a direct result of the street and utility improvements to Chippendale Avenue in Rosemount City Project No. 290, property owners Leroy C. & Judy A. Gunhus hereby respectfully request that the Rosemount City Council resolve that NO FURTHER MONETARY ASSESSMENT BE MADE AGAINST SAID PROPERTY and that the proportionate share of total assessments be WAIVED under Rosemount City Project 290 as to the above- noted property and these property owners and thereby paid by the City of Rosemount and/or any other appropriate means. Respectfully submitted: �� - �eroy C unhus Ju y A. unhus 'l Bill Sherry, Attorn or Leroy C. & udy G hus Sherry Law Office 4855 Dominica Way Apple Valley, MN 55124-8761 (612) 423-8423 I.D. No. 19041 X OBJECTION TO PROPOSED ASSESSMENT Rosemount City Council October 19, 1999 Property Owners: Leroy and Judy Gunhus Evergreen Gardens, Inc. 3450 — 151 St St. W. Rosemount, MN 55068 (651 ) 423-2292 Rosemount City Project No. 290 Chippendale Avenue Street and Utility Improvements PID Number — 34-71150-022-02 Initial Proposed Assessment - S 16,710.00 (09/22/1999) Revised Proposed Assessment - S 2,579.00 (10/13/1999) The (revised) proposed $2,579.00 assessment is unfair and unconstitutional because the market value of the Evergreen Gardens property was decreased, rather than increased by the Chippendale Avenue street and utility improvements. Leroy and Judy Gunhus OBJECT to the proposed assessment and request that it be waived in its entirety. The original assessment roll prepared September 22, 1999 proposed to assess Leroy and Judy Gunhus 516,710.00 for the Chippendale Avenue street and utility improvements. In an October 13, 1999 letter (attached), Rosemount City Engineer Bud Osmundson reduced the proposed assessment to 52,579.00, pursuant to his earlier representations to Leroy and Judy Gunhus that it would not be appropriate to assess them after taking their existing driveway. (Perhaps the revised assessment was proposed in recognition and acknowledgement that the taking of direct driveway access from the Evergreen Gardens property onto Chippendale Avenue resulted in a reduction in the market value of that property?) OBJECTION TO PROPOSED ASSESSMENT October 19, 1999 Page 2 The reduced assessment amount was determined to be the "cost" of the concrete driveway apron installed by the City of Rosemount to provide a place for a driveway to replace the original driveway that formerly exited from Evergreen Gardens directly onto Chippendale Avenue. Even though it may have cost approximately 52,579.00 to install a driveway apron from Evergreen Gardens onto 1515t Street, it is not appropriate to impose any assessment upon Leroy and Judy Gunhus. The street and utility improvements to Chippendale Avenue (Rosemount City Project No. 290) forced Evergreen Gardens to. lose direct business access via a driveway onto Chippendale Avenue. The value of this business parcel was clearly diminished when Leroy and Judy Gunhus were forced, against their will and over their objection, to close and remove their direct commercial driveway access to Chippendale Avenue. Even though the existing driveway was closed and removed, there was no curb installed in its place. In reality, the "improvements" to Chippendale Avenue resulted in a reduction in the value of this business parcel, and have caused Evergreen Gardens to suffer past and future business losses and hardship. Due to the reduction in value of this property, Leroy and Judy Gunhus considered a condemnation action to seek compensation for the severance damages they sustained by having their driveway access cutoff from Chippendale Avenue and being forced to install an alternate driveway on the adjacent side street (1515t Ave.). Although the direct driveway access from Evergreen Gardens onto Chippendale Avenue existed for many years before these "improvements" were made, that condemnation action did not proceed because there apparently was an existing right of way for the Chippendale Avenue improvements, therefore no technical right of driveway access. Prior to these improvements, Chippendale Avenue and the connecting driveway from Evergreen Gardens were entirely suitable and adequate for the commercial purposes of Evergreen Gardens. The direct driveway from Evergreen Gardens onto Chippendale Avenue was forcibly taken away, and the private business losses from that government action are real. The commercial market value of this business parcel was reduced by Rosemount City project no. 290. It is well established law that it is unconstitutional for the government to assess improvements upon a parcel of land and demand payment from the landowners unless there has been a commensurate increase in the market value of the affected parcel. Conversely, to assess a parcel of property that has not sustained an increase in market value results in an unconstitutional taking of property without just compensation. OBJECTION TO PROPOSED ASSESSMENT October 19, 1999 Page 3 It is ludicrous to assess improvements upon a parcel of property that has been diminished in value by the so-called "improvements". The market value of this parcel was reduced, so it should not be assessed. If anything, it would be only fair to compensate Leroy and Judy Gunhus for their losses. If the City of Rosemount believes that the market value of this business parcel was increased when the direct driveway access to Chippendale Avenue was forcibly removed (even though no curb was installed in its place), then the City should be able to justify the proposed benefit with an appraisal. Has any such appraisa/been comp/eted? Also, it appears that several other properties that front onto Chippendale Avenue very near to the Evergreen Gardens property may not be included on the Assessment Roll of Rosemount City Project No. 290 (namely the Rosemount National Bank; the Holiday Station Store; the building housing Rosemount Liquors, Rosemount Floral, Bovitz Family Chiropractic and Subway; Harold Lauer's property, etc.). The City of Rosemount has a statutory and constitutional obligation to assess every assessable parcel. Unless the duty of uniformity is fulfilled, the validity of the entire assessment may be challenged. How may we obtain fu// information about the assessments made to these other affected properties, so that we may examine the overa// va/idity of the assessment ro//? It further appears that as part of Rosemount City Project 290, the Rosemount National Bank had an existing driveway onto Chippendale Avenue removed from one location and replaced in a different location, somewhat similar to the Evergreen Gardens circumstance. Since the Rosemount Nationa/ Bank is not /isted on the assessment ro// for this project, how may we obtain ful/ information about the assessments (if anyl upon Rosemount Nationa/ Bank, again re/ative to the uniformity and ove�a// va/idity of the assessment ro//? OBJECTION TO PROPOSED ASSESSMENT October 19, 1999 � Page 4 Although construction appears to have been completed, there was no curb installed along the east side of Chippendale Avenue along the Evergreen Gardens property identified above. McNamara Construction (the contractor) previously showed Leroy and Judy Gunhus a plan that included a right turn lane to be installed from NB Chippendale to go EB 151 St St. at the Evergreen Gardens property, but that turn lane has not been installed. /s this project comp/ete, or wil/a turn /ane be insta//ed/ater? Does the current assessment encompass any future turn /ane construction? Respectfully submitted, � Bill Sherry, Attorney for Lero & J y Gunhus Sherry Law Office 4855 Dominica Way Apple Valley, MN 55124-8761 (612) 423-8423 C 1 TY O F RO S E M O U N T 2875 C145tHA eet West Rosemount,MN Everything's Coming Up Rosemount!! 55068-4997 Phone:651-423-4411 Hearing Impaired 651•423•5219 Fax:651-423-52C3 CITY OF ROSEMOUNT �AKOTA COU"lTY, lVIINNESOTA NOTIGE OF HEA�It�� ON l�SSESSM�RITS FOR �HIPPENDALc A�,/E�iJE STREET �-!ND I�TILITY �MPRC�VEMENTS �i�'Y i�r�OJEC�' ;�0. 290 i�i�i��i�i�ii��ii��i��i��iii��i�i��,��l��!�; '1 O: LEROY C & JUDY A GUNHUS 3450 151 ST ST W ROSEMOUNT MN 55068-1755 TIME AR!D PLACE f�otice is hereby aiven that the City :;ouncil of the GENERAL ��!.y?URE OF City J� RCJCCIIOUIIL, R'�;nnasota, wiEl m�et i^ thc n C• ? . o � �R � � p i JIPROV �•r:E��:�S: City Ha;l i;,.th. C;t�. oi ;-;ns.,mo�nt,-.�„7 1 +�th. Str et V�lest�. �j1j4F�,i�,c��►�I.; ��9ir,r►;:sn�a, cn Thc; i 5tn. �zy n� Qct�b�;, :',�JS� r3l >�:�?0, p.m;, or.�s sa�n thQr�zfter as �;,ssioEe, - tc; ::�^s:u�r_ s:b;ec��or�s t� th� .r�roposed as�essmer.ts. for, �ani:ary se�.ver,. .watermain,.,. s��.m drain, streets, sid�v,ralics ano appurtenant wark for �hs Chippendale Avenue Street and Utility improveme�ts, � City Project #290, heretofore ordered by the City . Council. ASSESSMENT ROLL The proposed assessment roll is on file with the City C ►n� /1 ��i��GrT r1�1. (`t.� 1' .-I � +n n hli.. j�-+nna�+: t�'� d 1:. .:•t,.. _...+ �viv. �..iGi�1 ci�u v�i.i� w t�Civ�ca.. ..f.+ �:vE�. � `' %`�,REA PROPOSED The area proposed to be assess�d ccnsi�ts ofi evtry TO BE ASSESSEt�: lot, piece or parcel of land benefited by said improvements, which has been orciered made and is as follows all that area generally described as Outlot D, l,Qts:1-5 Block 1 �.L,ots_�:_1.1 .Block,2,.Lots .1 -&,2 81ock 3-w.�ots_.,1.26 Bl.ock._4,y.Lots� 1-�7-.�lock �5, of.�ere.r.i�e PD14�;_ _�ot�� 1.��a�:,B�ock � ,._�ots Z;30- B{ack, �� .oi , r� Geror.ime��PAnd �2n�.�Acidition;.�ots 1-2? 'alr.�.��1,^Lot� 1.�6 Slock;2�.Lots,-�•40.,BIock-3fi,�ats 1-.16 Block 4,,.Lo.ts , . ..�.� _ , 1--12 �Blo�k -5;- -Lots � -1-20, Block. -6 -of , Rosemount - �., rommons; .Outlot A, Lot 1. Block 1,..Carous�el P(aza South; Lot 1 Block 1 , South Rose Park 3rd; Lots 1-99 Block 1, Wensmann Eleventh Addition; P.I.D. Numbers 34-03210-020-70; 01 1-25; 34-031 10-010-90; 34- 71150-022-02; 024-02; 028-02 in Rosemount, Minnesota, as on file and of record in the office of the County Recorder, Dakota County, Minnesota. TOTAL AMOUNT The total amount proposed to be assessed OF PROPOSED: is 5415,127. WRITTEN OR ORAL Written or oral objections will be considered at the OBJECTIONS: hearing. RIGHT OF APPEAL: An owner of property to be assessed ma a y ppeal the assessment to the district court of Dakota County pursuant to Minneset� Statutes, Section 429.c�81 by serving notice of the appeal upon the Nlayor 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. LIMITATION ON No appeal may be taken as to the amount of any APPEAL: 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 Under the provisions of Minnesota Statutes, ASSESSMENTS: 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 j those Sections. I � s � SPECIFIC AMOUNT TO The amount to be specifically assessed against your BE ASSESSED: particular lot, piece of parcel of land is shown on the attached Exhibit A. 2 PREPAYMENT: You may prepay the entire assessment to the Treasurer of the City untii 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 prior to November 15 in the year this assessment is adopted. 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 No interest shall be charged if the entire assessment INTEREST, OR WITH is paid within 30 days from the adoption of the INTEREST TO END O� c^�SS2S�fii2�it roii. At anyiime prior io iVovember 15 YEAR: of any year following the year the assessment is certified, the owner may prepay to the City Treasurer the whole assessment remaining due with interest accrued to December 31 of the year in which the • prepayment is made. 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 6.5386%. 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 1999, collectible with such taxes during the year 2000. Dated this �2nd day of September, 1999. � BY ORDER OF THE CITY COUNCIL. Sus n M. W h Ci Clerk City of Rosemount Dakota County, MN Auziliary aids and services are available -Please contact Susan Walsh at (612)322-2002, or TDD No. (612)423-6219, no later than October 13, 1999 to make a request. Examples of auxiliary aidr or services may include: sign language interpreter, assistive listening kit, accessible meeting location, etc. 3 N . � Z � � M W � O) 'ct O) O) N t� tn tt> O O tD t0 � � � � I� M M OJ � ct f� � O tn .D M � � � C7 tq . . � � d � n' M a �N W I.LI . . . . � . � � � " " N N N M � n- N N N N i? N N N f!? N i? 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Q Q Q ct a a a a � cf v = o � v = � a = � M f") f'') (`7 f") M C") ('7 Q U C'7 f7 Q Q M Q Q C7 Q N f`9 M .,,� ` � � a ;, CITY OF ROSEMOUNT zs,�-`;45in�eet�-es� � �'' Rosemount,MN � -,3 55068•499i _ Everyrhing's Coming Up Rosemount!! �`�''E.> � ,, Pr,one:612•423-4411 �,� Hea�ng Impaired 423-5219 '� � _� Fax:612-423•5203 October 13, 1999 LeRoy C & Judy A Gunhus 3450 151 st Street West Rosemount, MN 55�J68 Re: Assessments for Chippendale Avenue City Project #290 Dear Mr. & Mrs. Gunhus: You should have received a notice of the Assessment Hearing and an assessment roll for the above referenced project last week. In reviewing the assessment amounts we noticed that an error was made in the amount assessed to the Evergreen Gardens parcel. As we discussed last fall you would only be assessed for the driveway construction and not the amount for the Chippendale Avenue street improvements. Therefore the amount to be assessed is $2,579 instead of the $16,710 which is stated on your assessment roll. Please accept our apologies for this oversight. This amount will be on the assessment roll which will be brought to the City Council on October 19, 1999. Thank you for your cooperation and please call me at 651-322-2025 if you have any further questions. Sincerely, Bud Osmundson, P.E. City Engineer/Public Works Director cc: Tom Burt, City Administrator Mark Fremder, Senior Engineer Technician Bill Sherry, Sherry Law Office � 34-71150-022-02 LeRoy C. & Judy A. Gunhus 3450 151 st Street West Drivewav Cost: Item = 200mm Concrete Driveway Pavement Unit cost = 541 .27 m2 Size = 9.07m x 5.30m = 48.07 m2 Cost = S 1 ,983.89 + LEAF $595:17 Total Cost=$2,579.06 l( // �] ) � �- r S ��/ �NG�,u��,/�u �-. (�/� /� /N�si��j�� L � �, ,�v r4-� c. � .v�- C "' 3 C� �v/ � � �� STATE OF MINNESOTA NOV � 7 i99� DISTRICT COURT COUNTY OF DAKOTA e}�'�(QF RCi��UNT FIRST JUDICIAL DISTRICT Harold Wachter and Anna Wachter, Case Type : Petitioners, Court File No. , vs . NOTICE OF APPEAL AND APPEAL OF ' PROPERTY TAX ASSESSMENT City of Rosemount, Respondent . Petitioners, by and through their attorney, state and allege as follows : l . Petitioners are the owner of tax parcel #34-03210-011-25 . 2 . On October 19, 1999, the City Council of the City of Rosemount adopted an assessment against said tax _ parcel in the amount of Twenty Seven Thousand Seven Hundred Ninety and No/100ths Dollars ($27, 790 . 00} pursuant to a Notice of Special Assessment for Project #290 (Chippendale Avenue Street and Utility Improvements) . 3 . The assessment has been irregularly approved and adopted and apportions the cost of the project among owners affected thereby in an unfair and unequal manner. 4 . The amount of the assessment exceeds the actual benefit, if any, received by the lands owned by Petitioners . . 5 . On October 19, 1999, Petitioners served written notice of objection to the assessment, a copy of which is attached hereto as Exhibit "A" , upon the City Clerk of the City of Rosemount, Susan Walsh, and orally objected to the assessment at the assessment hearing, both communications advising of their objection to the assessment in accordance with Minnesota Statutes §429 . 061, Subd. 1 . WHEREFORE, Petitioners asks the Court, pursuant to Minnesota Statute §429 . 081, to set aside the assessment and order the City of Rosemount to re-assess Petitioners' property in order to accurately reflect the special benefit, if any, received by the property owned , by Petitioners as a result of City of Rosemount Project #290 . HANSEN, Mc� , & O'CONNOR, P.A. / ; �' . � BY: ��' G�-=-- Reid J. H nsen Attorney or etitioners Dakota Ce tr Offices, Suite 102 14450 Sou h Robert Trail Rosemount, Minnesota 55068 651.423 . 1155 Attorney I.`.D. No: 124254 Sanctions Acknowledc�ment The undersigned hereby acknowledges that sanctions may be awarded against parties pursuant to Minn. Stat . 549 . 211 . HANSEN, McCANN � O'CO OR, P.A. ;i;• BY: 'l, r, �-r y r G�,..�.at�- Reid J. ansen ;'' � Attorney or ` titioners Dakota Ce tr Offices, Suite 102 14450 Sou h obert Trail Rosemount, Minnesota 55068 651 .423 . 1155 � Attorney I .D. No: 124254 cl ienrs\715.004\no[-appeal � �tllb�7 /'T NOTICE OF OBJECTION TO SPECIAL ASSESSMENT TO: MAYOR CATHY BUSHO, CITY OF ROSEMOUNT COUNCIL MEMBERS, CITY ADMINISTR.ATOR, AND THE CITY CLERK OF ROSEMOUNT: �, NOTICE IS HEREBY GIVEN that the undersigned property owners of that certain real property described on the Property Assessment Roll for Project No. 290 , Chippendale Avenue Street and Utility Reconstruction as follows : PID NO: 34 03210 O11 25; acting pursuant to Minnesota Statutes §§ 429 . 061 and 429 . 081, do hereby object to the amount of the proposed assessment and the proposed assessment contained in the Property Assessment Roll, for Project No. 290, as noticed for public hearing on October 19, 1999 . Da t e . �iyt�^�a � t W CL2�.�.t. Harold Wa ter Date: October 19 , 1999 Anna Wachter cl iencs\715.00�l\not-ob j CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA Notice of OBJECTION TO PROPOSED ASSESSMENT For Chippendale Avenue Street and Utility improvements City Project No. 290 To: Ms. Susan M. Walsh Rosemount City Clerk Rosemount City Hall 2875 — 145`h St. W. Rosemount, MN 55068-4997 Notice Date: October 19, 1999 PID Number: 34-71150-022-02 Property Owners: Leroy C. & Judy A. Gunhus Property Address: Evergreen Gardens, Inc. 3450 — 151 St St. W. Rosemount, MN 55068 PLEASE TAKE NOTICE that pursuant to Minnesota Statute §429.061 (1998), property owners Leroy C. & Judy A. Gunhus hereby OBJECT to the 52,579.00 proposed assessment upon PID No. 34-7 1 1 50-022-02, located at Evergreen Gardens, 3450 — 151 St Street West, Rosemount, Dakota County, Minnesota, as more fully described in the September 22, 1999 NOTICE and ASSESSMENT ROLL for the Chippendale Avenue Street and Utility Improvements, Rosemount City Project No. 290, attached and incorporated by reference into this OBJECTION. OBJECTION TO PROPOSED ASSESSMENT - Rosemount City Project No. 290 October 19, 1999 Page 2 This objection to the proposed assessment is made because the affected property identified above did not and does not benefit from the improvements, in that the property does not front on Chippendale Avenue, and because the affected property owners were forced to forfeit direct access to Chippendale Avenue via a business driveway, causing them to incur and suffer past and future loss of direct access to Chippendale Avenue, loss of visibility, loss of use and convenience, business disruption and . personal expense in building a replacement driveway onto 151 S` Street. Additional information and evidence regarding the unfairness and impropriety of the proposed assessment will be presented at the October 19, 1999 hearing. Pursuant to Minnesota Statute §429.061 and all other relevant authority, and in consideration of the otherwise uncompensible losses sustained as a direct result of the street and utility improvements to Chippendale Avenue in Rosemount City Project No. 290, property owners Leroy C. & Judy A. Gunhus hereby respectfully request that the Rosemount City Council resolve that NO FURTHER MONETARY ASSESSMENT BE MADE AGAINST SAID PROPERTY and that the proportionate share of total assessments be WAIVED under Rosemount City Project 290 as to the above- noted property and these property owners and thereby paid by the City of Rosemount and/or any other appropriate means. Respectfully submitted: �/ � c . � � v eroy . Gunhus %/ Ju y A. unhus � � Bill Sherry, Att ne for Leroy & Judy Gunhus Sherry Law Offic 4855 Dominica Apple Valley, MN 55124-8761 (612) 423-8423 I.D. No. 19041X C I TY O F RO S E M O U N T 2875 C145tHSAt eet West Rosemount,MN Everything's Coming Up Rosemount!! 55068•4997 Phone:651-42 3-4411 Hearing Impaired 651-423-6219 Fax:651•423-5203 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE FOR NOTICE OF HEARING ON ASSESSMENTS 145th STREET WEST STREET AND UTILITY IMPROVEMENTS (CSAH 42 TO RR TRACKS) CITY PROJECT #291 STATE OF MINNESOTA ) COUNTY OF DAKOTA )ss. CITY OF ROSEMOUNT ) Susan M. Walsh, 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 October 5, 1999, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and on October 5, 1999 deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding the proposed 145th Street West Street and Utility Improvements (CSAH 42 to RR Tracks) and appurtenant work for City Project #291 , 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. ,/ S an M. Ish City Cler City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this ��day of October, 1999. . • • � ClNnY UO;�N! ,� c �oi �_qn,�L E '�'' "�� ' Jld~ ._..� �� ry ublic _......�=xp:;�s J�^.31 ■V WVVvywwv.��.n�n�nNMT/�Mw�n^^�a , F-..... " CITY HALL �� C I TY O F RO S E M O U N T 2875—145th Street West *��a Rosemount,MN Everything's Coming Up Rosemount!! 55068-4997 Phone:651-423-4411 Hearing Impaired 651-423-6Z19 •� Fax:651-423-5203 CITY OF RQSE�JiOUR�T DAKOT� CCU�VTY, ��1ElNiVESOT� NOTi�E ��= FlFP►Fi�NG QM.RS�ESSMrNTS FO� 945th STRE�T �ItfEST �TREET RN� UTILiT`r` iM�RQVEMENT� (GS�Ok 42 T� R� TRAGKS} - � �1T'Y PROJt�T NO. 291 - T�!: _ _ TIME A,ND PLACE Notice is hereby given that the City_Councii �f the - GENERAI_ NATURF OF Ci�ty of �?osemouni, Minnes�ta, will meet in the - liV1P`r;CVE!'JI�NTS: C�ty Hal! ir� the City of R�se�n�unt, 2875 i45th Street Vlfest, Rosemount, �Jlinn�sota, on the 19th day nf October, 1�59 at 8:00 p.m., or as soon thereafter as possible, to consider objections to the proposed - assessments for sanitary �ewer, watermain, storm - drain, streets, sidewa�ks and appurtenant v�✓orl: for :he 145th Street West Street and Utility impr�vemerts (CSAH 42 ta RR Tracks), City Project #291, heretofore . .. ordered by the City Council. P.��CSSME(VT P,JLL The proposed assessment roll is on file with the City _ �7P:P�! TO INSPECTION: Clerk and open to public inspection. - ARFA PROP�SF� The area proposed to be assessed consists af every _ TC� eE ASSESSED: iot, piECE or parcel of land benefited by said - improv�ements, which Fas b�er ordered mads �n� is as foolows: al! that area genera!ly described as Lots 1-4, Ka�e Place; Outlots A��C, Lots 1-18 Block 1, Lots 1-9 _ Block 2, Lots 2-11 Block 3, Lots 2-37 Blocic 4, Lots 2- 85 Block 5 ofi Qloomfield; Outlot A w/ exception, O�tlot _ A exception of University Addit�on; Lots '1-39 Block 1, I_ots 1-13 Block 2, Lots 1-4 Block 3, Lots �-2 Block 4, Lats 1-4 Block 5, Lots 1-4 Block 6, Lots 1-4 Block 7, Le,ts 1-4 B�ock 8, Lots 1-4 Block 9, Lots 1-4 Block 10, Lots 1-4 Block 11, Lots 1-4 Block 12, Lots 1-2 Block 13, Lots 1-4 Block 14, Lots 1-4 Block 15, Lots 1-4 Block 16, Lots 1-4 Block 17, Lots 1-4 Block 18, Lots 1- 4 Block 19, Lots 1-4 Block 20, Lots 1-2, Block 21 , Lots 1-4 Block 22, Lots 1-2 Block 23 of the Enclave; P.I.D. � Numbers 34-02810-010-39; 020-39; 030-39; 040-39; 34-03700-028-00; 060-00; 061-00; 022-00; 010-65; 020-65 in Rosemount, Minnesota, as on file and of record in the office of the County Recorder, Dakota County, Minnesota. TOTAL AMOUNT The total amount proposed to be assessed OF PROPOSED: is $382,793• WRITTEN OR ORAL Written or oral objections will be considered at the OBJECTIONS: 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 Cterk 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. LIMITATION ON No appeal may be taken as to the amount of any APPEAL: 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 Under the provisions of Minnesota Statutes, ASSESSMENTS: 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 The amount to be specifically assessed against your BE ASSESSED: particular lot, piece of parcel of land is shown on the attached Exhibit A. 2 � 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 prior to November 15 in the year this assessment is adopted. 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 No interest shall be charged if the entire assessment INTEREST, OR WITH is paid within 30 days from the adoption of the INTEREST TO END OF assessment roll. At anytime prior to November 15 YEAR: of any year following the year the assessment is certified, the owner may prepay to the City Treasurer the whole assessment remaining due with interest accrued to December 31 of the year in which the prepayment is made. 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 6.5386%. 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 1999, collectible with such taxes during the year 2000. Dated this 22nd day of September, 1999. BY ORDER OF THE CITY COUNCIL. Susan M. W sh City Clerk City of Rosemount Dakota County, MN Auxiliary aids and services are available -Please contact Susan Walsh at(612)322-2002, or TDD No. (612)423-6219, no later than October 13, 1999 to make a request. Examples of atrxiliary aids or services may inchrde: sign language interpreter, assistive listening kit, accessible meeting location, etc. 3 .- � pp W o c*� ca m � tn co co co co � co m c� co cv m O tD O O O O O O O O N � CO .o st O O� O cO O _ �'L t0 O � f`') ('O Ch M C'7 f`') M M O .� 1�.� � M 00 C'') I� � X vi . � � a .�s .�i, ��is � .�is .�i, ��rr r�n �a' o a oi co o .�is � cCOo N N 1n � � W W f? tJT N fh (? N N � N Q J F- O F- rn rn O N M O � 00 O U � � � m a ^ �n ao m o0 0� o� ao m w ao ao �,.� � n o� N n t0 cD f0 t0 (O CO t0 t0 t0 �D � ^ tC� W � Z t�n � � t�c� � � � � t�i'i t�n � u'� N �n � O Q � ln ln tn Ln t!7 Ln ln ln tL) ln � � N M � p �y-' Z Z Z Z Z Z Z Z Z Z � Z tn � 1� � � �: � � � � � � � rG � � � � � � �p 2 '. 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