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HomeMy WebLinkAbout2. Assessment Hearing - Section 31 Trunk Sanitary Sewer Facilities, City Project #233 AFFIDAVIT OF PUBLICATION II PUBLIC NOTICE : STATE OF MINNESOTA � SS �� 'CITY OF ROSEMOUNT, . ' ' DAROTA COUNTY,MINNESOTA NOTICE OF HEAWNG ON ASSESSAtElITS COUn� Of DQkOfC� � FOR SECTION 31 TRUNK SAIBTARY-- .-r'-:SEWER FApIlTIES �'�pTY PROIECT N0.233 � ,` A TO WHOM IT MAY CONCERN: ,. Notice is hereby given that the.City Coun- cil or tl�e City ot Rosemoiint,bfinnesota,will meet in theCSty Hall in the City�Rosemount, -28'rs 145u,streetwest;xosemnrn,nt;M;noe- sota,on the 28th day o�October;lssci at s:ao NANCY J. GUSTAFSON,being duly swom,on oath says that she is an wthorized agent oed p.m.,or as soon theresEter as possible,to coa- siderobjectious W theproposedassessments employee of the publisher of the�ewspaper known os Dakota Cou�My Tribune,ond has full knowiedge for saoitary sew�and appCuteoaat wort for Section 31 Tivntc Sanitary Sew�Facilities, of the facts which are stoted below: (Stp Project No.xi3,here�'a�e ordaed by the (:t�y CW�nCtl q q.r.,�,_a�.n��m.,�__. . � The P►'aPosed esscssmerit iroll is on C�le with t6e Ciry Cterk and open to public ia4pection. p ; ��P������ ( )The newspoper has complied with ell of the requiremerMs constitutieg qualification as a legol ���Y 1�.I#��'Parcel�land benefited ;_byr said improvements;which 6as:be� newspaper,as provided by Minnesota Statute 331 A.02,331 A.O7 and other applicable lows,as amended. -ordered made and is as follanvs:all that area � �geaa�alll'described as Parcel Identificatian � 'Numbeis 39-03110-011-91 ead 34-03110-012 91 ,wdich are'part jof the SE�fa of Section 3t, (B)The printed `1bws4shiji 115;Renge 19;Dakota County,Mit� E nesota;8s`�fibe'and of record in the offioe �af the County Recoeder Dakota'Ccwot�'. c Minnesota.��k�"�+�:�:;�;�:��,r : Tde total amount proposed to be a4sessed � � . . �is.�7�.467.00 �"�'it iii�.s��;.e�#a:.a�.,�s .c x�:.; . . £,''= WlI�CI1�0['O[A101/j0C�t064WlIIbCCA641dlTCd ' . . . •.8t�E b8Ht1[ig"�2�.e"' . . . An awner of ProPe�'ty to be assessed may �app�ltheasses"smenttothedistdctcaatof which is attoched wes cut from the columns of soid newspuper,ond wes p►irMed ond published once Dakota Caunty pursuantto Minnesota SRat- Wea.Section 42B.oe1 by se�viog notice of'the �ePP����MaY�r a`Clerk of the Qty ! witlrin 90 days after the adopti�of the a�- � �;it was ment and filing such itotice:with the district �,��- - r court within t�days after service upon t6e � t ffiayo[Oe G9erk'° s.�a �s,t�,�,����w.;t=.-,_ ' No appeal map be taken as to tLe amamt � (`✓� �+CJ� "�suy asse.asment adapted by the City Coun- first published on Thursday,the day of 'cil twle:4s'a wriden objection signed by the sf- � -fected ptopertp owner is Ciled with tl�e Clerk `prior to the assGasment 6earing or presented totdeQresidingofficeratthehearing.Aliob- 19 , and was thereafter printed and publisi�ed on every Thu'sday to ond inciuding ; jecti�to me a�sments aot received at the ; assessmeitt hearing in the mann�pres�xib ed by biinnesota Ststutes,Section 4?9.061 are `waived,�uatess the failure to.object at We Thursday,the day of ,19 assessment'hearing�is tlue"to a reasonable —' �cause�.:.� : _;r _�.� � v: .,�� U�:��������� and prirMed below is o copy of the lower case alphubet from A to Z,both inclusive,w6ich is hereby Sec�ia�s 435:193 ta4�i.i95;the CStymaq,at ib r d�ti�,d���e paymeat of a�m� acknowledged as being the size and kind of type used in the composition and publication of the nofice: fac aoy h�nestead pr�eityowned bq a per- sanBEi years atage arolderfor whom itwauld a ix•de�f�!�n Iklmnn�Hp�i uc�cs�z : be a 6atdship to mal�e tLe psyrnteats,How,' ' ever.tlte G5ty has elected aot to eatablish a�q �defameat Pra�edure Put'suant to tLase Sea R „hoes":;s � ���,a - �: *: Dated ttiis 2nd'day otZ7ctobei"199Q. BY: �'�"� }=4.BY ORDER OF THE CITY C019UNCiL.��`=- � �,. Suean M.Walsh� � , �s•-� . TITLE:Seeretary the Wis �C[tp,Clext �� > ; � ` ��� � .�°n�=w _ ��=�- Ip�-- 3 `� i �"`.= <�''��.,._._ f� , ' Subscribed and sworn to before e n this��, d°p • �� NoMry Public ..��,,,, CAROL J.HAVERLAND �s. �► Hrn'�tvpueuc-�� ��c DAKOTAC�t�'fY : ``�. My c,a�a►Expns o�a a.��s ..:::r., , i�� o osemoun� PHONE (672)423-4411 2875-145th Street West,Rosemount,Minnesota MAYOR FAX (612)42&5203 Mailing Address: Edward B.McMenomy P.O.Box 510,Rosemount,Minnesota 55068-0510 COUNCIIMEMBERS Sheila Kiassen James(Red)Staats Harry Wilicox AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE Dennis Wippermann SECTION 31 TRUNK SANITARY SEWER IMPROVEMENTS AOMiNisTr�aTOR Stephan Jilk ASSESSMENT ROLL PROJECT 233 STATE OF MINNESOTA ) COUNTY OF DAKOTA )ss. CITY OF ROSEMOUNT 1 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 October 5, 1993, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, and deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding assessment roll for Section 31 Trunk Sanitary Sewer Improvements, Project#233, 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. Su n M. W sh City Clerk City of osemount ' ' • ' � Dakota County, Minnesota � Subscribed and sworn to before me this �� day of October, 1993. . \ ' CINDY DQRN(DEN ` �: .��}°� NOTARY PUBLfC—M(NNESQT � '�,�`°. DAK�JTA COU `;`;'��T�' ExP�'�'ss Aug.25,�ss�l tary Public �r wv+�.r,��v.�n,wwv, . �ver�l�i».g s �oming ��i �osemouve��� � � �,..�_..���.,a,,.. � � � i�� o osemoun� PHONE (612)4234411 2875•145th Street West,Rosemount,Minnesota MAYOH FAX (612)42&5203 Mailing Address: Edward 8.MCMerwmy P.O.Box 510,Rosemount,Minnesota 55068-0570 COUNCILMEMBERS Sheila Klassert James(Re�Staats CITY OF ROSEMOUNT "a`"Wi°`°" Dennis Wippermann DAKOTA COUNTY, MINNESOTA ADMINISTRATOR Stephan Jilk NOTICE OF HEARING ON ASSESSMENTS FOR SECTION 31, TRUNK SANiTARY SEWER FACILITIES CITY PROJECT NO. 233 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, Minnes.ota, on the 28th day of October, �993 at 8:00 p.m., or as soon thereafter as possible, to consider objections to the proposed assessments for sanjtary sewer and appurtenant work for Section 31 Trunk Sanitary Sewer Facilities, City Project No. 233, 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 (and benefited by said improvements, which has been ordered made and is as follows: all that area generally described as Parcel ' Identification Numbers 34-031 1 0-01 1-91 and 34- -- 031 1 0-01 2-91 which are part of the SE '/4 of Sectio�t 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 $77,467.00. �ver��htvcgs �ovntng `UL�i �J�.osemaun}�� � WRITTEN OR ORAL Written or oral ob}ections 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. AU - 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 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 de#erment procedure pursuant to those Sections. SPECIFIC AMOUNT TO The amount to be specifically assessed BE ASSESSED: against your 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 rolt 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 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 7.5284%. Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such resolution. Assessments shalt 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 2nd day of October, 1993. BY ORDER OF THE CITY COUNCIL. usa M. Wa h City Clerk City of Rosemount Dakota County, MN ; � 3 ' CITY OF ROSEMOUNT EXHIBIT "A" ASSESSMENT ROLL/MAILING LIST � - ROJECT NAME : Section 31 Trunk Sanitary Sewer Facilities ROJECT NO. : 233 ,SSESSMENT HEARING DATE : October 28, 1993 ,SSESSMENT DUE BEFORE : November 27, 1993 SSESSMENT TERM (YEAR? : Ten (10) NIT DESIGNATION : Foot .OT/ACRE/FOOT � OST PER UNIT : 539.42 PARCEL NO MAILING TOTAt CC PLAT NO LOT BLdCK LAST NAME FIRST NAME ADDRESS CITY STATE ZIP ASSESSMENTS 34 03110 011 91 Gergen isadore J. 24365 Cedar Lake Jordan MN 55352 558,090 Drive W 34 031 10 012 91 Hampton Development 12433 Princeton Ave Savage MN 55378 519,377 Corp. . . , a. .: . .. . . . � . CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: October 28, 1993 AGENDA ITEM: Assessment Hearing - Section 31 Trunk AGENDA SECTION: Sanitary Sewer Facilities, Project #233 Public Hearing PREPARED BY: Bud Osmundson AGENDA NO. City Engineer/Assistant Public Works Director p�, ATTACHMENTS: Resolution APP VED Y: At the October 2, 1993 Special meeting, City Council declared cost and calied for the public hearing for Section 31 Trunk Sanitary Sewer Facilities, City Project #233. City Project #233 was initiated by the City Council as a sewer diversion of Section 31 to the Empire Treatment Plant which entailed the construction of these trunk sanitary sewer facilities. The total project cost was 5422,425. This total cost is partially assessable to the benefiting property in Section 31 owned by Hampton Development and Isadore and Clarice Gergen. The Sanitary Core Fund is responsible for all oversizing of the pipe and the lift station per City policy. This amounted to 5344,958. The remaining $77,467 was distributed on a front foot basis through the two parcels. The original public hearing was held on July 21, 1992. The Feasibility Report project cost estimate was $426,000. This compares to the final amount of 5422,425. SEH was the engineering firm used for this project. Staff will provide a brief overview of this project and answer any questions you or the public may have regarding this item. Staff recommends that Council adopt the Assessment Roll as presented. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION ADOPTING ASSESSMENT ROLL, SECTION 31 TRUNK SANITARY SEWER FACILITIES, CITY PROJECT #233. COUNCIL ACTION: 4 t e CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1993 - A RESOLUTION ADOPTING ASSESSMENT ROLL SECTION 31 TRUNK SANITARY SEWER FACILITIES PROJECT NO. 233 WHEREAS, pursuant to notice duly given as required by law, the City Councii has met, heard and passed upon all objections to the proposed assessment for Section 31 Trunk Sanitary Sewer Facilities, Project No. 233, 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 $77,467.00, a copy of which is in Clerk's File 1993-36 is hereby accepted and shafl 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 installrnents to be payable with general taxes for the year 1993, collectible with such taxes during the year 1994. b. To the first installment shall be added interest at the rate of 7.5284% 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 an the unpaid principal amount of the assessment. c. The owner of any property so assessed may at any time prior to the certificatian 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 1993- ADOPTED this 28th day of October, 1993. E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Votedagainst: 2 . CITY OF ROSEMOUNT ASSESSMENT COST BREAKDOWN REPORT Current Date: September 16, 1993 Project: SECTION 31 TRUNK SANITARY SEWER FAGILITIES City Council Meeting Date: October 28, 1993 Project #: 233 COST %ot CONST. PR0.IECT COMPONENT CONSTRUCTION PROFESSIONAI LEGAL BOND 6% MATERIAL Rt6HT- RECORDING COST Per DESCRIPTION CONSTRUCTION COSTS ENdINEERINO SERVICES LEGAI NOTICES ISSUANCE ADMIN. TESTINfi o}.WAY FEES TOTAL UNiTS UNIT Senitary Coro 256,205 82 49,434 224 --- 127 4,483 12,810 689 i 21,128 344,958 Ssnitary 67,536 18 11,102 50 •-• 28 7,002 2,877 128 4,744 77,467 1,965 39.42 Latanl Watermein Coro W�termein � ' � � . Letenl � . . . � . Storm Coro � . � Storm Laterd . � � � � Straet Core � � � � . Streat Laterel Sidewelk/T�ap Pd by Devel Street Uphte Pd by Devel Actual Total 313J41 100 80,538 274 156 6,486 15,687 897 26,870 422;425 ►to date) � � . les�Senitary Cms 344,958 Lss�Watxm�in Coro Les�Storm Sewer Coro �� Leu Street Coro � � � Total Assesemsnt Amourtt 77,467 � � Feasib8ity 83,000 CITY OF ROSEMOUNT EXHIBIT "A � ASSESSMENT ROLI/MAILING LIST � PROJECT NAME : Section 31 Trunk Sanitary Sewer Facilities PROJECT NO. : 233 ASSESSMENT HEARING DATE : October 28, 1993 ASSESSMENT DUE BEFORE : November 27, 1993 ASSESSMENT TERM (YEAR) : Ten (10) UNIT DESIGNATION ; Foot LOT/ACRE/FOOT COST PER UN1T : $39.42 ' PARCEL NO MAIUNG TOTAL CC PLAT NO LOT BL�CK LAST NAME FIRST NAME ADDRESS CITY STATE ZIP ASSESSMENTS 34 03110 Ot 1 91 Gergen leadore J. 24365 Ceda� Lake Jordan MN 56352 S58,090 Drive W 34 03110 012 91 Hampton Development 12433 Princeton Ave " $avage MN 55378 519,377 Corp. I