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HomeMy WebLinkAbout6. Assessment Hearing for Schwarz Pond Outlet Improvements, City Project #259 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: April 16, 1996 AGENDA ITEM: Assessment Hearing, Schwarz Pond Outlet AGENDA SECTION: Improvements, City Project #259 Public Hearing PREPARED BY: Doug Utterer, Civil Engineer AGENDA rinfEM # 6 ATTACHMENTS: Assessment Roll, Resolution, Project APPROVED BY: Cost Summary, Project Funding Summary, Map f At the March 19, 1996 Council meeting, the City Council declared cost and called for the Public Hearing for Schwarz Pond Outlet Improvements, City Project #259. Attached are copies of the Project Cost Summary, Project funding Summary and a map of the assessed properties for the Project. The total Project Cost is $305,237. the Feasibility Report estimate was approximately $344,000. The Storm Drain cost is distributed between properties benefitting from the Project on an area wide square footage assessment totaling $160,042. The remaining $111 439 of q 9 9 9 , the Storm Drain cost will be paid from the Storm Core Fund. The watermain cost of $33,756 will be paid for from the Water Core Fund. As per past policy, the proposed assessments may be paid over 10 years accruing interest as stated. Staff recommends the action below. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION ADOPTING ASSESSMENT ROLL FOR SCHWARZ POND OUTLET IMPROVEMENTS, CITY PROJECT #259. COUNCIL ACTION: 5 t 1 `l � CITY O F RO S E M O U N T 2875 Cl45th Areet West t$,f% P.O.Box 510 Rosemount,MN Everything's Coming Up Rosemount!! 55068-0510 Phone:612-423-4411 Fax:612-423-5203 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE FOR ASSESSMENT HEARING ON SCHWARZ POND OUTLET IMPROVEMENTS CITY PROJECT #259 STATE OF MINNESOTA ) COUNTY OF DAKOTA Iss. CITY OF ROSEMOUNT ) Susan M. Walsh, being first duly sworn, deposes and says: I am a United States Citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On March 22, 1996, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and on March 22, 1996 deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding the proposed assessments for construction of storm drain and appurtenant work for the Schwarz Pond Outlet Improvements, City Project #259, 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. -- / _ . Le / / Su an M. Wa : City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this cV 5 day of March, 1996. AmAAAAAA....~AA.AAAAAAAAAAAA. De'-t't4"42 ORULI - ► NOTARY PBC-MINNESOTA Notary ublic+ .,_, DAKOTA COUNTY my Camn.arpMiu.Nn.31,2000 MILHinted nn recycled{weer 30..11 containing 309: lost<oo,YnM maMiab. CITY OF RO S E M 0 U N T - 2875-`145th Street West P.O.Box 510 Everything's Coming Up Rosemount!! Rosemount,MN 1 55068-0510 Phone:612-423.4411 Fax:612.423.5203 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENTS FOR SCHWARZ POND OUTLET IMPROVEMENTS CITY PROJECT NO. 259 TO: TIME AND PLACE Notice is hereby given that the City Council of the GENERAL NATURE OF City of Rosemount, Minnesota will meet in the IMPROVEMENTS: City Hall in the City of Rosemount, 2875 145th Street West, Rosemount, Minnesota, on the 16th day of April, 1996 at 8:00 p.m., or as soon thereafter as possible, to consider objections to the proposed assessments for storm drain and appurtenant work for Schwarz Pond outlet Improvements, City Project #259, heretofore ordered by the City Council. ASSESSMENT ROLL The proposed assessment roll is on file with the City OPEN TO INSPECTION: Clerk and open to public inspection. AREA PROPOSED The area proposed to be assessed consists of every TO BE ASSESSED: 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 that part of Section 19, T115N, R19W including Property Identification Numbers: 34-01910-012-75; that part of Section 20, T115N, R19W including Property Identification Numbers: 34-02010-010-.50; 34-02010- 014-55; 34-02010-020-80; 34-02010-014-75; 34- 02010-013-55; that part of Section 29, T115N, R19W including Property Identification Numbers: 34-03700- 040-06; 34-03700-140-06; 34-03700-210-06 all within the City of Rosemount, Minnesota, as on file and of record in the office of the County Recorder, Dakota County, Minnesota. �� <onw+w Thfl.run. O • • • TOTAL AMOUNT The total amount proposed to be assessed OF PROPOSED: is $160,042. 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 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 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. 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. 2 • • 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 7.4534%. 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 1996, collectible with such taxes during the year 1997. Dated this 19th day of March, 1996. BY ORDER OF THE CITY COUNCIL. /ea/ S san M. W. sh ity Clerk City of Rosemount Dakota County, MN 3 r CITY OF ROSEMOUNT EXHIBIT."A ASSESSMENT ROLL/MAILING LIST PROJECT NAME: Schwarz Pond Outlet Improvements PROJECT NO.: 259 . ASSESSMENT HEARING DATE : April 16, 1996 ASSESSMENT DUE BEFORE: May 16, 1996 • ASSESSMENT TERM (YEAR): Ten (10) PARCEL NO OWNER NAME MAILING ADDRESS CITY, STATE ZIP AREA ASSESSMENT (ft=) AMOUNT 34-01910-012-75 JAMES E KELLEY TRSTE 425 HAMM BLDG ST PAUL, MN 55102 3,017,867 $50,659.00 34-02010-010-50 JAMES E KELLEY TRSTE 425 HAMM BLDG ST PAUL, MN 55102 2,394,000 $40,187.00 34-02010-020-80 ST JOHNS AM LUTH CH 3285 144TH ST W ROSEMOUNT, MN 55068-4020 63,263 $1,062.00 34-02010-014-75 DANIEL J CORRIGAN 3260 149TH ST W ROSEMOUNT, MN 55068-4319 76,267 $1,280.00 34-02010-014-55 IND SCHOOL DIST 196 14445 DIAMOND PATH ROSEMOUNT, MN 55068-4143 705,394 $11,841.00 34-03700-040-06 IND SCHOOL DIST 196 14445 DIAMOND PATH ROSEMOUNT, MN 55068-4143 2,996,400 . $50,299.00 34-03700-140-06 IND SCHOOL DIST 196 14445 DIAMOND PATH ROSEMOUNT, MN 55068-4143 12,295 $206.00 34-03700-210-06 IND SCHOOL DIST 196 14445 DIAMOND PATH ROSEMOUNT, MN 55068-4143 268,533 $4,508.00 I • Rosemount Town Pages AFFIDAVIT OF PUBLICATION Kristin Franck,being duly sworn, on oath says that she 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 Minnesota Statues 331A.02,331A.07 d other applicable laws,as amended. (B)The printed o VVIOJ\ C\ :, which is attached, was cut from the columns of said newspaper, and was printed and published once each week for successive weeks; it was fist published on Friday, the day of 1 and was thereafter printed and published on e.F day, to and }llgluding Friday, the day of l 9"°\\A ; 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: ar.fgmAlmo n Title:Typesetter Subs ibed and sworn to before me on this s day of 19 G Notary Public AFFIDAVIT CONNIE E. FIFAREK c - NOTARY PUBLIC—MINNESOTA *o MY COMMISSION EXPIRES 1-31-00 "ymy7'", QTA p� y e Y t R±Y f r r , A , v kre p •I K°." 4 o at, .-v .C- i r s NOTICE OF H NG ON ASSESSMENTS o y yt a t ;` i - c :R- ONO OUTLET IMPROVEMENTS ✓ 4 w w .. PROJECT NO.259 .. « "'1>'"' �, I." • s , t ' •� !+F, r WHOM MAY -1 itt ; ,. 7 . ' Fpit :'t'-. d 4 ‘''''',-_,"--..-.3.. a+y.vim " " kg.yr , y n ▪1 = r.., r�+' ¢ �c rr Y that the City Council of the i C`•"=+fit K �. Y�� ;fi{< �M'- i CE t1 -,:i is here Y,��.. i -'a-,.:,,V,,,,,,,'......_ k 2:` r ; �2"' x GENERAL NATURE OF of Rosemount Minnesota.will meet in the y.;'{., t:▪ . ? x" " *' ENTS""" �fl In the City of Rosemount.2876 145th ∎kpri! ;d ' * art< , �; . < ,t`.: .... ,r te,, w, �t � ., M . Roesmol rrt.Nnnesota.on the 161h day_of April e -, -r+.. "�`tr i r t -- ' ,gg at 8:00 p.m.,or as soon th�safter es possible.- �..' : '° ''�,•,- Pd t �. ,r:-,-,,,,,:ii.,.,27.::.;---_-_,..r,;;--,-.... .-';'7-'-:7'.. ..:-':-T'T'".1.''''''-'.'7 ''• '':..: :.,'...'"':: �• to the assessments fOf ,r `... ik i (1 k CO'.ider ObjeCtiOfla < >Y w,- 3t a storm drain and appurtenant work for Schwarz Pond ,., ,.•' ' '°'-:.: ' a r ,t 7',i 4'''';ilea I oveme ns. City Project #259, heretofore.: Y1 .,-, :k--_`y : '. "', Y' y'v� `> '�<"¢i'y rr` ` .+ ,ti 1 , i.� i r» •wb rythe City Council >. » xn .. w--".:-.0-7';'-'-'''', `" •-/,':-.-- • L1t assessment roll is on file with the ., � f/ISSESSMENT ROLL ProP°s°d : ' c OPEN TO INSPECTION and open to public inspection. t i< . ' ,'',„ .-} w ^`' ■��' � OPOSEDr Y -area proposed to be assessed consists of a vet tt ..;x,4 t. z{ ;. s AREA PROPOSED �el�of land benefited by sal ▪ , ._.,a; ` ti 'ATO BE ASSESSED - 4t. ,piece or , e3 ' ,.�. ',`v 4r. , A" ci *� rt t!S which has been ordered maderanr � a r Y a! „ • .f ' r f fi t, e r , ws..aU l bed'as alai part of, R ,! - . • '' « "rM` v- ' ` n ` er'NuX 5W R19W iiicluding tea -� �• � .,�. • °' ~ � � � �t *� �"�Xderitlftcad'on Nu �3401910-01275:,that part i �"�, , r " ' ws of Section 20, 'TT15N, R19W. including'4Propertjiy •'' _ r a ;:"j Identification Numbers 34-02010-010-50:3402010= •^ r` -�, " 014-55;'$40201.0 020 80; 3402010.015N, 34 that part of Section 29,Ti 5N.R19W r „` " :i."-,4f1-.4-',.:02910-$313"- 55; �_ i hchtding roperty lden' o Numbers 34.03700- 6 ;34 03700-210-06 all tat'ican n j �040-0 03700-140.08; 34 _ within the City of Rosemount, Minnesota, as on file `- ` ' and of record in the office of the County. Recorder, • F Dakota County,Minnesota. TOTAL AMOUNT `, � iThe total amount proposed to be assessed " is 1160. 'OF PROPOSED � 00.2 r :4.` N OR RA▪ L Written or oral objections will be considered'at the WR TTE O t u j 1OBJECTIONS hearing- ;. ;I• ' N RIGHT OF APPEALS An owner of property to be assessed may appeal the •„y . assessment to the district court of Dakota County 7. 1 &pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of i y' �° ” ` ` the City within 30 days,after the, adoption of the r • 3 .... -. 'assessment and tiling such notice with the district s court within ten days after service e.upon the Mayor or ''' 1-2:.:-:: L':.-:•4-::-:44'':,,,','",.,-,,,.;.:-.441. ' LIMITATIO ON rfNo appeal may be taken as to the amount of any _ L.�t k � .'� s ,assesamertt adopted by.the City Council unless a APPEA ;, , written objection .signed rk the affected property r owner is flied with the Clerk prior to the assessment _x ' ' 1 t h' hearing or presented to' the presiding officer Stith eived• at the assessment t hearing in the manner $4" h ` Vie.a bed by Minnesota Statutes.Section 429.061 are 4,"'..: waived,unless the failure to object at the assessment .; hearing is due to a reasonable cause. DEFERMENT OF • �r Under the provisions of Minnesota Statutes 4 5, e e C may, at its - SSESSMENTS: ' -,., Sections 'defer 3 to 435 19 defer the pa ant of asses en or an t ' :. ".,hocmestead property owned by a person 65 years,of s • . '`"'"age or older for whom it would be a hardship to make s t.; ; the payments. However,the City has elected not to .. procedure those establish any deferment proced a pursuant m th ;.- . Sections. - " Dated this 19th day of March.1996. • BY ORDER OF THE CITY COUNCIL. . , � n M. sh ' City Clerk F • City of Rosemount ota Dakota County,Mlnnes ,;_ • CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1996 - A RESOLUTION ADOPTING ASSESSMENT ROLL SCHWARZ POND OUTLET IMPROVEMENTS CITY PROJECT #259 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 Schwarz Pond Outlet Improvements, City Project #259, 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 $160,042, a copy of which is in Clerk's File 1996-15 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 1996, collectible with such taxes during the year 1997. b. To the first installment shall be added interest at the rate of 7.4534% 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 1996- (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 16th day of April, 1996. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: 2 0 • CITY OF ROSEMOUNT EXHIBIT "A ASSESSMENT ROLL/MAILING LIST PROJECT NAME: Schwarz Pond Outlet Improvements PROJECT NO.: 259 ASSESSMENT HEARING DATE : April 16, 1996 • ASSESSMENT DUE BEFORE: May 16, 1996 ASSESSMENT TERM (YEAR): • Ten (10) . PARCEL NO OWNER NAME MAILING ADDRESS CITY, STATE ZIP AREA ASSESSMENT (ft') AMOUNT 34-01910-012-75 JAMES E KELLEY TRSTE 425 HAMM BLDG ST PAUL, MN 55102 3,017,867 $50,659.00 34-02010-010-50 JAMES E KELLEY TRSTE 425 HAMM BLDG ST PAUL, MN 55102 2,394,000 $40,187.00 34-02010-020-80 ST JOHNS AM LUTH CH 3285 144TH ST W ROSEMOUNT, MN 55068-4020 63,263 91,062.00 34-02010-014-75 DANIEL J CORRIGAN 3260 149TH ST W ROSEMOUNT, MN 55068-4319 76,267 $1,280.00 34-02Q10-014-55 IND SCHOOL DIST 196 14445 DIAMOND PATH ROSEMOUNT, MN 55068-4143 705,394 $11,841.00 34-03700-040-06 IND SCHOOL DIST 196 14445 DIAMOND PATH ROSEMOUNT, MN 55068-4143 2,996,400 . $50,299.00 34-03700-140-06 IND SCHOOL DIST 196 14445 DIAMOND PATH ROSEMOUNT, MN 55068-4143 12,295 $206.00 34-03700-210-06 IND SCHOOL DIST 196 14445 DIAMOND PATH ROSEMOUNT, MN 55068-4143 268,533 $4,508.00 • PROJECT COST SUMMARY CITY PROJECT NO. 259 L ITEM AMOUNT CONSTRUCTION COST: Watermain 25,867 Storm Drain 207,655 Subtotal 233,522 ENGINEERING: Design Engineering 20,930 Construction Engineering 15,612 Soil Borings/Testing Subtotal 36,542 ADMINISTRATION, LEGAL, FINANCE: Easements 20,005 Legal Notices 381 Administration Fees 11,676 Recording Fees 28 Appraisals . - 3,000 Bond Issuance Costs Other Professional Services 83 Subtotal 35,173 LTOTAL PROJECT COST _ 305,237 PROJECT FUNDING SUMMARY CITY PROJECT #259 OTAL PROJECT COST 111111111111111 $305,237 FUNDING SOURCES AMOUNT Storm Drain: Assessments 160,042 Storm Sewer Core Fund 111,439 Subtotal 271,481 Watermain: Water Core Fund 33,756 Subtotal 33,756 TOTAL FUNDING 305.237 • • , 1 t . • • • , ! - 010-50 . 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'i • ----------" ---c .. . ...47...,i ...-.. • "glit. 1E11k XIE 4iPs.*LAregieS -1' r-gfrItx._Am.. ... _._. ._- .. _. .-.. V..; • Li ....:. ._,........,...., . . Ito au al- howl :114:!:::[..;p:Fili.704-14... ,, , -. . , ,,...—.. .... .g.„,„,. . .,-r.,. 1.2...11--:-.4.0,7.4.--L, M."--;lb 947litie • ------ ......,_, ,.7 —,..77, _. r... 4,--T- ..., ..,_ ..„. .... rrrn„..m... ..i 15r7717 Drawing Title Comm. No. ASSESSMENT MAP P.L.J. Schelen 5498.00 CSMA Orr Mayoron & Associates. inc. SCHWARZ POND OUTLET In Date: rs Figure Englnei a ArebItoets PI so s Survoyors CITY PROJECT NO. 259 300 Park Place Cantor a 5773 Wayzata Boulevard 7/8/94 Illasaepelta.NM 3341s-1228 in 1112-396-5775 ROSEMOUNT, MINNESOTA 3 .••■•■■■•■■■••■•