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HomeMy WebLinkAbout4.i. Declare Cost Set Assessment Hearing, Diamond Path Improvements, City Project #212 � i GITY OF ROSEMOUNT EXECUTIVE SUMMARY FOi�t ACTION CITY COUNCIL MEETING DATE: September 21, 1993 AGENDA ITEM: Declare Cost/Set Assessment AGENDA SECTION: Hearing, Diamond Path Improvements, Prj . #212 Consent PREPARED BY: Bud Osmundson AGEND���.�A � � � City Engineer/Assistant Public Works Director ��� ATTACffi�NTS: Resolution, Assessment Roll, APP OVE BY. Mailing List, Public Notices Attached are copies of spreadsheets, the Assessment Roll and public notices showing all the costs for the Diamond Path Improvements, Dakota County Project 33-03, City Project #212 . All costs are in and the project is ready to. assess. City Project #212 was initiated by the City Council for the constructibn of public streets and utilities along Diamond Path. This project was eonstructed simultaneously with No. 2(36, 145th Street, ��;�.to address safety considerations on the former curve at the Baptist Church corner. The public hearing was held on Apri1 7, 1992 . The Feasibility, Report project cost estimate was $1,327, 000. The project < was completed in' December- of 1992 . The finai project costs totalled $513; 704 and are itemized on the spreadsheet entitled Breakdown Report.` The total cost is partially assessable to the benefitting .property along� Diamond Path. The final assessable cost �o the single parcel {Baptist Church) is $34,579 . The assessments as shown are calcuated according the the assessment policy. The ma.jority of the project cost is from the Storm Sewer Core ($389, 826) . The rema.ining ` $89,299 has to be paid by ad valorem taxes and is noted as "Street Core" on the Breakdown Report. Staff is recommeriding declaring cost and setting a public hearing for October 19, 1993 at 8:00 p.m. or as soon as possible thereafter. RECO�NDTD ACTION: MOTION TO ADOPT A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR HEARING ON THE PROPOSED ASSESSMENT DIAMOND PATH IMPROVEMENTS, CITY PROJECT #212 . COIINCIL ACTION• 6 � T 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 PROPOSED ASSESSMENT DIAMOND PATH IMPROVEMENTS CITY PROJECT #212 WHEREAS, a contract has been let for Diamond Path improvements and the contract price for such improvement is 5408,870, and the expenses incurred or to be incurred in the making of such improvement amount to S 104,834 so that the total cost ofithe improvement will be 5513,704. 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 5479,125 and the portion of the cost to be assessed against benefited property owners is declared to be 534,579. 2. Assessments 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 offic� for public inspection; and BE IT FURTHER RESOLVED by the City Council of Rosemount, Minnesota: 1 . A hearing shall be field 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 to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper af least two weeks prior ' to the hearing, and she shall state in the notice the total cost of the improvement. � , � � Resolution 1993 - She shali 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 assessrnent to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payrnent, 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 the assessment remaining unpaid, with interest accru�d to December 31 of the year in which such payment is made, Such payment must be made before November 15 or interest wi11 be charged through December 34 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 CITY OF ROSEMOUNT DAKOTA COUNTY, MtNNESOTA NOTICE OF HEARING ON ASSESSMENTS FOR DIAMOND PATH IMPROVEMENTS CITY PROJECT NO. 212 TO: � � TIME AND PLACE Notice is hereby given that the City GENERAL NATURE OF Council of the City of Rosemount, IMPROVEMENTS: Minnesota, will meet in the City Hall in the City of Rosemount, 2875 145th Street West, Rosemount, � Minnesota,�on the 19th day of October, 19�3 at 8:00 � p.m., or as soon thereafter as possible, to consider objections to the proposed assessments for street, storm sewer, and curb and gutter for Diamond Path Improvements, City Project No. 212, 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 1ot, 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 Number 34-03010-010-44 within Section 30, Township 115, Range 19, Dakota County, Minnesota, as on file and of record in the office of the County Recorder, Dakata County, Minnesota. TOTAL AMOUNT The total amount proposed to be assessed OF PROPOSED: is $34,579. WRITTEN OR ORAL Written or oral objections will 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 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 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. Alt 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 ASSESSMENTS: Statutes, Sections 435.193 to 435.195, the City may, at its discretian, 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 BE ASSESSED: against your particuiar 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. NO PARTIAL• The City Council has not authorized the partial prepayment of assessments prior to certification of the 2 assessment or the first instaJiment 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 rotl, interest will accrue on the assessment at the rate of 7.3957%. 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 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 Gity of Rosemount Dakota County, MN 3 CITY OF ROSEMOUNT DAROTA COIINTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENTS FOR DIAMOND PATS IMPRO�i�EMENTS CITY PROJECT N0. 212 - - TO WHOM IT MAY CONCERN: TIME AND PLACE � Notice is hereby given that the City GENER.AL NATURE OF Council of the City of ' Rosemount, IMPROVEMENTS: Minnesata, 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 S c 00 p.m. , or as soon thereafter as possible, to consider objections to the proposed assessments for street, storm sewer and curb and gutter and � ' for Diamond Path Improvements, City Project No. 212, 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 in.spection. 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 Parcel Identification Number 34-03010-010-44 within Section 30, 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 PROP.OSED: is $34, 579 . . WR.ITTEN OR ORAL Written or oral objections will 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 appeal upon the Mayor or Clerk of 1 the City within 30 da�s 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. 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, Sect�ion 429 .061 are waived; unless the failure to object at the assessment hearing is due to a reasona.ble cause. DEFERMENT OF Under the provisions of Minnesota ASSESSMENTS: Statutes, Sections 435.193 to 435.].95, the City may, at its di:scretion, 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 Gurrent Date: September 16, 1993 Project: DIAMOND PATH IMPROVEMENTS, COUNIY PROJECT NO. 33-03 City Council Meeting Da#ec September 21, 1993 Project #: 212 s.�ra.y cw. � Sa�tsry . . � . LaWai Watermaln � � � . � . . . . Core . �� Watwmain � . . . � � � . . � . . �� L�terd � . . � � � Smrm Cors 810.162 78 60.318 78 20 75,638 1,389 12.353 389.828 � Stwm Lateral . . 8trwt Cu� 77.478 17 11.256 17 6 3.475 308 2.763 89.299 Sawt Latvd 27.240 7 4.836 7 2 1.491 126 1,138 34.579 Actwl Total 408.970 88.208 100 27 -- — 20.444 1.801 18.254 513.704 Iw dau► Less Sanitary Core -^ LeQo Wetermein Core — Less 5torm Sswer Core 389,828 Les�Strset Core 89,299 Totel As�eeement Amount 34,679 887 60.78 CITY O� ROSEMOUNT EXHIBIT "A" ASSESSMENT ROLL/MAILING LIST PROJECT NAME : Diamond Path Improvements, County Project 33-03 PROJECT N0. : 212 ASSESSMENT HEARING DATE : October 19, 1993 ASSESSMENT DUE BEFORE : November 1$, 1993 ASSESSMENT TERM (YEAR) : Ten (10) UNIT DESIGNATION : Foot LOT/ACRE/FOOT COST PER UNIT : 550.78 PARCEL NO MAILING TOTAL CC PLAT NO LOT BLOCK LAST NAME FIRST NAME ADDRESS CITY STATE ZIP ASSESSMENTS 34 03010 010 44 1st Baptist Church 14400 Diamond Path Rosemount MN 55068 534,579 . y. ' . . . � . . � . � . . �