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Home My WebLink About3. Assessment Hearing - O'Leary Hills 6th Addition Street & Utility Improvements, City Project #240 AFFIDAVIT OF PUBLICATION PUBLIC NOTICE STATE OF MINNESOTA ) " cmr oF aos�ounr ' DAKOTA COUNFY,AAI►!MlSpTA `� "°"`E�"�°""�,ENn- County of Dcakota � SS FOR a�r,ers r�.�t sTM,►ownoN �•.snt�r wno unurr u�rkov�►�s, - �...: arr rRo�cr►w.s�o � TO WHOM IT MAY CONCERN.� �- ;: >. Notice is 6enby given that the City Coun- =cil o�'the(Sty af Rosemwpt;M`in`nesota,wiii mat in the(Sty HaIl'm the(Sty of Rose�tmt, �5145tL Ste'cet Wesk�liaeemamt,Minne. k*ota,on me 2&h daY of October;1993 at 8:00 NANCY 1. GUSTAFSON, being duly swom,on oofl� says thof she is an outhorized agent and p.m.;uras so�thereafta'as pa�ibte;to cao- '+�0b7��ODS�the�+npoe�asaessmmts employee of the publisher of the newspoper known as Dakota County Tribune,ond has full k�owledge :tarstreet,watermsin;s�itarq sev�,e�.�s� '`�'• � �d`S�►�`-a�'sidea'alk ta' of the focts which are stoted below: T 03.�ry's Ii'ills 6th Additi�Street and Utiti- �b �P�'��ts, Ci Project No. S9o, ��co�«B ora�a br�ary c��u. � The proPoeea a�t rdl is oq 51e w;m -��ty��opea�� (A)The newspope�has eomplied with oll of the requiremcnts tonstituting quulificotion as a(egal �T��ProP��be assessed consisfs +ev�y i�,��a�� newspaper,os provided by Minnesoto Statute 331 A.02,331 A.07 and otfier applicobie laws,as amended. =bf said:in►provemmts;=wiuc�t�has,p� �a�red made aud is as followsT aU fJiet aixa �O�n,Block�i,��1 a�B1�ocJ�B�I�.ot� (B)The printed ��+T�P�.�n8e-19.DatotaGouo- •"4.�.aa m 61e and af recad in tfie "oHict af the Co�mty Reipord�,.Datota Cam- • t;�. �: ,��-�t 3=�,� �3be total amou�P!nPae�to 6e asaeseed �isi�9.790:�;,�G - �;'-, ��;��- .: ��ritt�oraralabjec400s�vHlbeQonsidered `at�e hearinB•,8:�x "' ' ��r�.� . '�'M,owra".cF prope�ty to be asseased may ��°��O��M�Of which is ottoched was cut from tbe columns of soid news ond was �nted ond blished once .�a�ntS Pursusn4 to M➢nnesota Stat- PoP�. Pr P� �t�,SecAio4 429.Oe1;bY serving notI�ef the �a�ppeal upon the A�ayor"o�r Qerk d t6e fSty :wYLiu30daqs after thea(bption af theasee�- ;�eot snd Gliug�aotice wlth the�ict �'�'� sueressi�e�reelrs:it wos oe�t wltl�n tea dayn after savrce upan the ��nc:e�Clerk.xzr:-.. _� s�.;'.��,, � � ��Ytbe taken as to t6e amaunt �,_} � da of L7�C'.�, i aduptedbytheCitqCouo- firstpublishedonThursday,the y , ca mde�s a wntten objecti�signed(►Y the af- :teded property owner is filed with the Qerk ' pefo[tothe assessmeaE heatipg cr pr�eated ��O��O�"'�'$«�8��1� 19 , ond was thereuhe► prieted and published on every Thursday to and induding `.jaxioos to t6ea�ts not reoeived at tl�e a-Jnessinlaie_o_tYh�ea_rit♦►g�{!.n��the(�m-�an-net�qp�r�myerib. 4.w��lW�{RY SiCWIGD��10.41�'lLi.V VI a� � � � =�ved.�mt�s fLe failure to objeck at t6e Thursdo the da of ,19 j a�m�t 6earinB is,due W:a reasa�abk Y' Y —� ��,`=x�sFt�`a:r a:��; eu ;,.,,_-,� � ... .. `. i7nder,tbepravBioosof�na�o�St�p�� and printed below is o copy of the lower case olphobet from A to Z,both inclusive,which is hereby Sec4a�i35.19¢to'1%195,the(5ltymay,atits position ond publicotion of the notice: '�ra+ettoa,'defa the payiaeM qEa� ecknowledged es being the size and kind of type used in the com �fo!�q homeste8d property pppned by gye�,. a h�•d��f�ld ik lnu�o x��.im•�c��z aa4�6Yen�s�ageorolda�f� ! 1 �be s�hig to maltC the'pa , ., : �evet;the.(xty has eleMed aot to�tab�b aoy deCetment pco�redure Pm's�ant W tLa�e Sec- l�`+�-a �«wii:_;i,r...w c:�frt . • ' � �.�Di�ed tbi8'h�d day'of OCtObn' 199i. BY': �-�'Y ORDER OF THE CITY COUNQL:- ` ``' �&isan�M.Wa1sl�� :�� - ��l7TLE:Seeretory to Pu �sher � �tSty Aerk,�,�,:= � � `''' ��'-,`�-�r� "'.�.._ ��:'= 1?!F� '�s� �'"_' �'�, j,� t_ -� _ v - �-# � �-. Subscribed and sworn to before me on tfiis "l�`�doy of � �`�O'V,19�–� . � Notary Public ,_:?6rR CAROLJ.HAVERLAN� ''�. e�.� NOTARY PUBLIC-M�lE80?A `=;� DAKOTA COWYtY '.�••:� 4fy caru�ston Exqne 0��.�9�5 i.o., i�� o osev�oun� PHONE (612)4234411 2875-145th Street West.Rosemount,Minnesota MAYOR FAX (612)42&5203 Mailing Address: Edward B.McMenomy P.O.Box 510,Rosemount,Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen James(Red)Staats Harry Willcox AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE Dennis Wippermann O'LEARY'S H1LLS 6TH ADDITtON STREET AND UTILITY ^oMiNisraAroR Stephan Jilk IMPROVEMENTS ASSESSMENT ROLL PROJECT 240 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 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 O'Leary's Hills 6th Addition Street &Utility Improvements, Project#240, 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 Sta#es Mail between the place of mailing and the places so addressed. Su n M. V1/a - City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this �� day of October, 1993. . , � • : „ CINDY DORN( n �i NOT�flY PUBtIC--MI ��.�-dL�-^-�-- DAKOTA : ' Mr comm.�res a�g•�a� blic . �vert��tngs �oming `C/(,�i �Jl,osevnounl�� . .. , � , i�� o osemouvt� PHONE (6t2)423-4417 2875-145th Street West,Rosemount,Minnesota MAYOR FAX (612)423-5203 Mailing Addresr Edward B.McMenomy P.O.Box 510,Rosemount,Minnesota 5506&0510 COUNCILMEMBERS Sheila Klassen James(Re�Staats CITY OF ROSEMOUNT "a`rywi°`°" Dennis Wippermann DAKOTA COUNTY, MINNESOTA ADMINISTRATOR Stephan Jiik NOT{CE OF HEARING ON ASSESSMENTS FOR O'LEARY'S HILLS 6TH ADDITION STREET AND UTRITY IMPROVEMENTS CITY PROJECT NO. 240 TO: T1ME 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 28th 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 O'Leary's Hills 6th Addition Street and Utility lmprovements, 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 improvementsl which has been ordered made and is as -- follows:•atl�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 reeord in the office of the County Recorder, Dakota County, Minnesota. TOTAL AMOUNT The total amount proposed to be assessed OF PROPOSED: is 530,790. �ver�F�ing's �oming �(JL�i �J�osemou»�l� � WRITTEN OR ORAL Written or oral objections will be OBJECT(ONS: considered at the hearing. RIGHT OF APPEAL: An owner of property to be assessed may appea! 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. 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 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 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 roll is certified to the County Auditor; after certification to the County 2 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 priar to certification of the assessment or the first installment thereof to the County Auditor. PREPAYMENT WITHOUT No interest shall .be charged if the.entire lNTEREST, OR WITH assessment is paid within 30 days from INTEREST TO END OF the adoption of the assessment ro1L 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 whofe 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 resolution. Assessments shall be payable in equat 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—:,OIJNCIL. ' , � Sus n M. W sh City Clerk City of Rosemount Dakota County, MN 3 CITY OF ROSEMOUNT EXHIBIT "A" ASSESSMENT ROLL/MAILING LIST � i 'ROJECT NAME : O'LEARY'S HILLS 6TH ADDITION STREET & UTILITY IMPROV.EMENTS 'ROJECT N0. : 240 aSSESSMENT HEARING DATE : October 28, 1993 ' aSSESSMENT DUE BEFORE : November 27, 1993 \SSESSMENT TERM (YEAR) : Ten t10) JNIT DESIGNATION : Lot , LOT/ACRE/FOOT :OST PER UNIT : S15,395 PARCEL NO MAILING TOTAL CC PLAT NO LOT BL�CK LAST NAME FIRST NAME ADDRESS CITY STATE ZIP ASSESSMENTS 34 54105 010 01 Broback Homes, Inc. 3480 Upper 149th Rosemount MN 55068 315,395 Street West 34 54105 010 02 Broback Homes, Inc. 3480 Upper 149th Rosemount MN 55068 S 15,395 Street West c f CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCtL MEETING DATE: October 28, 1993 AGENDA ITEM: Assessment Hearing - 0'Leary's Hilis 6th AGENDA SECTION: Addition Street & Utility Improvements, City Project #240 Public Hearing PREPARED BY: Bud Osmundson AGENDA NO. City Engineer/Assistant Public Works Director _ �, ATTACHMENTS: Resolution AP OVE BY: At the October 2, 1993 Speciaf ineeting City Council declared cost and called for the public hearing for O'Leary's Hills 6th Addition Street & Utility Improvements, City Project #240. This project was a Change Order approved and added to the City Project #223, which was approved by the City Council on October 6, 1992. At that time the developer agreed to pay the assessments through the execution of the Development Contract which was also approved by the Council on October 6th. The total project cost was 530,790. This cost is assessable to two lots which puts the final assessable cost at $15,395 per lot. These assessments are high in cost due to the fact that only two lots were built on a 100' section of street with an additional 90' temporary cul-de-sac required for emergency vehicle turn-around, and the project was a "rush" job at the very end of the construction season. SEH was the engineering firm used for this project. Staff will provide a brief overview of the project and answer any questions you or the public may have regarding this item. Staff recommends that the Council adopt the Assessment Roll as presented. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION ADOPTING ASSESSMENT ROLL, 0'LEARY'S HItLS 6TH ADDITION STREET AND UTILITY IMPROVEMENTS, GITY PROJECT #240. COUNCIL ACTION: 2 CITY OF ROSEMOUNT ASSESSMENT COST BREAKDOWN REPORT Current Date: September 7, 1993 Project: O'LEARY'S HILLS 6TH ADDITION STREET & UTILITY IMPROVEMENTS City Councit Meeting Date: October 28, 1993 Project #:. 240 COST 96 ot CONSL PROJECT COMPQNENT CONSTRUCTION PROFESSIONAL LEGAL BOND 6% MATERIAL RIGHT• RECORDING COST Per DESCRIPTION CONSTRUCTION COSTS ENGINEERING SERVICES LEGAL NOTICES ISSUANCE ADMIN. TESTINO of-WAY FEES TOTAL UNITS UNIT Sanitary Coro � •-- � ' � � Senitary� � -.. � � � . � � LateraP . Wetermain ••• � � � � . � . .. . . .. Co�a Wetermain 4,842.00 21- 1,447.15 7.14 237.03 33.62 .42 6,567.26 2 3,283.63 Latenl . . � � � � � � . Storm Coro ^• � � . Storm Lateral � ••- � . Street Coro ••• � � � � � StreetLatenl 17,732.66 79 6,444.02 26.88 891.70 126.08 1.58 24,222.90 2 72,111.4 5 Sidewalk/Troi Pd 6y Oevel Strest lighn Pd by Devel Actual Totel 22,574.68 100 8,891.17 34.00 7,128.7 159.60 2.00 30,790.16 2 15,395A (to deta) ' � .. . . 3 . . �$ .. Leea Sanitary Coro - Leee Watermain Core --- Leee Storm Sewer Core --- Leea Street Goro Total Asseesment Amount 30,790.16 15,395.0 8 Feaeibiliry NA CITY OF ROSEMOUNT EXHIBIT��; �" ASSESSMENT ROLLIMAILING LIST � 'ROJECT NAME : O'LEARY'S HILLS 6TH ADDITION STREET & UTIUTY IMPROVEMENTS 'ROJECT NO. : 240 \SSESSMENT HEARING DATE : October 28, 1993 \SSESSMENT DUE BEFORE : November 27, 1993 \SSESSMENT TERM (YEAR) : Ten (10) 1NIT DESIGNATION : Lot LOT/ACRE/FOOT :OST PER UNIT : $15,395 PARCEL NO MAILWG TOTAL CC PLAT NO LOT BLOjCK LAST NAME FIRST NAME ADDRESS CITY STATE 21P ASSESSMENTS 34 54t05 010 01 Broback Homes, Inc. 3480 Upper 149th Rosemount MN 55068 515,395 Street West 34 54105 010 02 Broback Homes, Ina 3480 Upper 149th Rosemount MN 55068 S15,395 Street West i CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1993 - A RESOLUTION ADOPTING ASSESSMENT ROLL O'LEARY'S HILLS 6TH ADDITION STREET AND UTIUTY IMPROVEMENTS PROJECT NO. 240 WHEREAS, pursuant to notice duly given as required by law, the City Councit has met, heard and passed upon all objections to the proposed assessment for O'Leary's Hills 6th Addition Street and Utility Improvements, Project No. 240, 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 $30,790.00, a copy of which is in Clerk's File 1993-36 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 (101 years, the first of said installments 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 6.8934% 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. . r � Resolution 1993- (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 28th day of October, 1993. E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Votedagainst: 2