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HomeMy WebLinkAbout4.g. Declare Cost Set Assessment Hearing, O'Leary's Hills 6th Addition, City Project #240 c _ i CITY OF ROSEMOUNT EXECIITIVE SUbIl�iARY FOR ACTION CITY COUNCIL MEETING DATE: September 21, 1993 , AGENDA ITEM: Declare Cost/Set Assessment AGENDA SECTION: Hearing, 0'Leary' s Hills 6th Add. , Prj #240 Consent PREPARED BY: Bud Osmundson AGENDA��nA ./� � � City Engineer/Assistant Public Works Director �v� �r�t ATTACffi�NTS; Resolution, Assessment Roll, APP VED . Ma.iling List, Public Notices Attached are copies of spreadsheets, the Assessment Roll nd public notice showing all the costs for the 0'Leary' s Hil1s 6th Addition Street and Utility Improvements, City Project #240. Al1 costs are in � and the project is ready to assess. City Project #240 was initiated through a petition from Parkview, Inc. for the construction of public streets and utilities for the O'Leary's Hills 6th Addition. This project was completed as a Change Order to Project No. 233, approved by Council on October 6, 1992. The Developer agreed to pay the assessments and waived their rights to a Public Hearing through the execution of the Development Contract which was approved by the City Council on October 6, 1992 . The project was completed in August of 1993. The final project costs totalled $30, 790 - and are itemized on the spreadsheet entitled Breakdown Report. The ' total cost is 100% assessable to the benefitting property which �is the 0'Leary's Hills 6th Addition. The final assessable cost to the project was $15, 395 per lot. Staff is recommending declaring cost and setting a public hearing for October 19, 1993 at 8:00 p.m. or as soon as possible thereafter: RECONIlKENDED ACTION:. MOTION TO ADOPT A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATIpN OF PROPOSED ASSESSMENT, AND CALLING FOR HEARING ON THE PROPOSED ASSESSMENT O'LEARY'S HILLS 6TH ADDITION STREET AND UTILITY IMPROVEMENTS, CITY PROJECT #240. COIINCIL ACTION: 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1993 - A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR HEARING ON THE PROPOSfD ASSESSMENT O'LEARY'S HILLS 6TH ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT #240 WHEREAS, a contract has been let for O'Leary's Hills 6th Addition Street and Utiiity Improvements and the contract price for such improvement is 522,574.66, and the expenses incurred or to be incurred in the making of such improvement amount to 58,215.50 so that the total cost of the improvement will be $30,790.16. NOW, THEREFORE, BE IT RESOLVED by the City Council of Rosemount Minnesota: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be 50.00 and the portion of the cost to be assessed against benefited property owners is declared to be 530,790.16. 2. A�ssessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable with general taxes for the year 1993, and shall bear interest at the rate of 2% points per annum above the interest rate paid by the City for its bonds from date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Public Works Director shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office#or public inspection; and BE IT FURTHER RESOLVED by the City Council of Rosemount, Minnesota: 1. A hearing shall be held on the 19th day of October, 1993, in the City Hall at 8:00 p.m., or as soon thereafter as possible, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed fio cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. Resolution 1993 - She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. BE IT FURTHER RESOLVED by the City Council of Rosemount, Minnesota: The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such �- - property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. The owner may at any time thereafter, pay to the County Auditor the entire amount of #he assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED this 21 st day of September, 1993. E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: 2 ��� o osevYcoun� PHONE (612)4234411 2875-145th Street West,Rosemount,Minnesota MAYOR FAX (612)4235203 Mailing Addreu: Edward B.McMenany P.O.Box 510,Rosemount,Minnesota 55068-0570 COUNCILMEMBERS Sheila Klassen James(ReLI}Staats Harry Wilicox CITY OF ROSEMOUNT oe��;s w;a�,,,,a„� DAKOTA COUNTY, MINNESOTA n�MiNis�r+TOA ' Stephart Jiik NOTICE OF HEARING ON ASSESSMENTS fOR O'LEARY'S HILLS 6TH ADDITION STREET AND UTIUTY tMPROVEMENTS CITY PR(JJECT NO. 240 . TO: • . - TIME AND PLACE Notice is hereby given that the City GENERAL NATURE OF Councii of the City of Rosemount, lMPROVEMENTS: Minnesota, will meet in the City Hall in the City of � - • Rosemount, 2875 14-5th -Street West, Rosemount,' Minnesota, on the 19th day of October, .1993 at 8:00 p.m., or as soon thereafter as possible, to consider . objections to the proposed assessments for street, watermain, sanitary sewer, storm sewer, curb and gutter and sidewalk for 0'Leary's Hills 6th Addition � Street and Utility tmprovements, City Project No. 240, heretofore ordered by the City Council.� ASSESSMENT ROLL The proposed assessment roll is on file OPEN TO INSPECTION; with the City Clerk and open to public inspection. AREA PROPOSED - The area proposed to be assessed�consists TO BE ASSESSED: 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 O'Leary's Hills 6th Addition, Block 1, Lot 1 and Block 2, Lot 1, Section 31, Township 115, Range 19, Dakota County, 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 $30,790. �ver��hi�ng's �oming `UL�i �osemousl��� . � WRITTEN OR ORAL Written or oral objections wili be OBJECTIONS: 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 appeat 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 APPEAL: 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 reasonab{e cause. DEFERMENT OF Under the provisions of Minnesota ASSESSMENTS: 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 The amount to be specificatly assessed BE ASSESSED: against your particular lot, piece of parcet 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 2 Auditar, 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 Councii has not authorized the partiai prepayment of assessments prior to certification of the � assessment or the first instaltment thereof to the � County Auditor. � PREPAYMENT WITHOUT No interest shall be charged if the entire � INTEREST, OR WITH assessment is paid within 30 days from iNTEREST TO END OF the adoption of the assessment roll. At YEAR: any time prior to November 15 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 6.8934%. Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such reso(ution. Assessments shall be payable in equal annual installments extending over a period of up to 10 years, the first of the installments ta be payable with general taxes for the year 1993, collectible with such taxes during the year 1994. Dated this 21 st day of September, 1993. BY ORDER OF THE CITY COUNCIL. Susan M. Walsh City Clerk City of Rosemount Dakota County, MN 3 CITY OF ROSIIriOIINT DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENTS FOR O'LEARY'S HILLS 6T8 ADDITION STRETT AND ` IITILITY IMPROVEMENTS, CITY PRQJECT NO. 240 TO D�1HOM IT MAY CONCERN: TIME AND PLACE Notice is hereby given that the City GENERAL NATURE OF Cauncil of the City of Rosemount, IMPROVEMENTSs Minnesota, will meet in the City Hall in � the City of Rosemount, 2875 145th Street � West, Rosemount, Minnesota, on the 19th day ' of October, 1993 at 8:00 p.m. , or as soon thereafter as possible, to consider , - objections to the proposed assessments for . street, watermain, sanitary sewer, storm sewer, curb and gutter and sidewalk for 0'Leary's Hills 6th Addition Street and Utility Improvements, City Project No. 240, heretofore ordered by the City Councii. ASSESSMENT ROLL The proposed assessment roll is on file � OPEN TO �INSPECTION: with the eity Clerk and open to public ' � inspection. AREA PROPOSED The area proposed to be assessed consists TO BE ASSESSED: 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 O'Leary's Hills 6th Addition, Block 1, Lot 1 and Block 2, Lot 1, Section 31, Township 115, Range 19, Dakota County, Minnesota, as on file and of record in the office of the County Recorder, Dakota County, Minnesota. TOTAL .'�MOUNT The total amount proposed to be assessed OF PROPOSED: is $30,790. WRITTEN OR OR.AL Written or oral objections will be OBJFCTIONS: considered at the hearing. 1 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 Ma.yor or Clerk. . - L7MITATION ON No appeal- may be taken as to the amount of APPEAL: 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. DFsFERMENT OF • Under the provisions of Minnesota ' ASSESSMENTS: 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. Dated this 21st day of September, 1993 . BY ORDER OF THE CITY COUNCIL. Susan M. Walsh City Clerk City of Rosemount Dakota County, Minnesota - 2 CITY OF ROSEMOUNT ASSESSMENT COST BREAKDOWN REPORT Current Date: September 7, 1993 Project: O'LEARY'S HILLS 6TH ADDITION STREET & UTILITY IMPROVEMENTS City Council Meeting Date: September 21, 1993 Praject#: 240 s.nir.ry ca.. _ Sankary _ Lawd � W�t�rmain — � � . . . Cors � . � . � . WaWmdn 4,842.00 21 1,447.16 7J4 237.03 33.62 .42 8,587.2B 2 3,283.63 Latenl � � � . Storm Cae _. Storm Latxal .– . Street Cas -.- � � � � Strs�tLaterat 17,732.66 79 5,444.02 28.88 891.�0 128.08 t.S8 24,222.90 2 12,111.45 Sidewdk/rrd Pd by Dwel ' Strnt Liphb Pd by Davd Actwl Tohl 22,674.68 100 8,891.17 34.00 1,128.73 169.80 2.00 30,790.16 2 15,395.08 � (to d�ta) �� � � . � � Lstt.Senitery Core •– � - � � Le�o Watermein Core — lee�Storm Sewer Coro — Leos Street Core –• � � � Tota�Asaeseme�t Amount 30,790.16 .75,395.08 � . Fea�ibility NA . . . .. . . . . . � , , CITY OF ROSEMOUNT EXHfBIT "A" � ASSESSMENT ROLL/MAILING LIST � . PROJECT NAME : O'LEARY'S HILLS 6TH ADDITION STREET & UTILITY IMPROVEMENTS PROJECT N0. : 240 ASSESSMENT HEARING DATE : October 19, 1993 ASSESSMENT DUE BEFORE : November 18, 1993 ASSESSMENT TERM (YEAR) : Ten {10) UNIT DESIGNATION : Lot , LOT/ACRE/FOOT COST PER UNIT : $15,395 PARCEL NO MAILING TOTAL CC PLAT NO LOT BLOCK LAST NAME FIRST NAME ADDRESS CITY STATE ZIP ASSESSMENTS 34 54105 010 01 Broback Homes, Ina 3480 Upper 149th Rosemount MN 55068 S15,395 Street West 34 54105 010 02 Broback Homes, Ina 3480 Upper 149th Rosemaunt MN 55068 $15,395 Street West i i i ; i ,i