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Home My WebLink About7. Chippendale Ave. Improvements Assessment Hearing, City Project #191CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: October 20, 1992 AGENDA ITEM: Chippendale Avenue Improvements AGENDA SECTION: Project #191 Public Hearing PREPARED BY: Bud Osmundson City Engineer/Assistant Public Works Director AGENDA IffEm #:,x 7 ATTACEMENTS: Resolution, Assessment Roll APP 41VED Y: At the September 29, 1992 regular meeting Council declared cost and called for the public hearing for Chippendale Avenue Improvements. The total cost of the project was $191,973. Water Core funds paid $9,116. The remaining cost is being distributed over 3 parcels on a per acre (unit) basis. The owner and cost to each parcel has been provided to you for your review in the September 29, 1992 Council packet The original public hearing held June 5, 1990 informed the property owners that up to $130,000 would be assessed for this project. The current and final amount to be assessed is $182,857. Short, Elliott, Hendrickson, Inc. was the engineering firm 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. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION ADOPTING ASSESSMENT ROLL, CHIPPENDALE AVENUE IMPROVEMENTS, PROJECT #191 IN THE AMOUNT OF $182,857.00. COUNCIL ACTION: 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1992 - A RESOLUTION ADOPTING ASSESSMENT ROLL CHIPPENDALE AVENUE IMPROVEMENTS PROJECT NO. 191 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 Chippendale Avenue Improvements, Project No. 191, 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 $182,857.00, a copy of which is in Clerk's File 1992-44 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 installmentsto be payable with general taxes for the year 1992, collectible with such taxes during the year 1993. b. To the first installment shall be added interest at the rate of eight and seventy-two tenths percent (8.72%) 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 1992- (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 20th day of October, 1992. IiiT�3� Susan M. Walsh, City Clerk E. B. McMenomy, Mayor Motion by: Seconded by: Voted in favor: Voted against: 2 PROJECT NAME PROJECT NO. ASSESSMENT HEARING DATE ASSESSMENT DUE BEFORE ASSESSMENT TERM (YEAR) UNIT DESIGNATION LOT/ ACRE/FOOT COST PER UNIT CITY OF ROSEMOUNT ASSESSMENT ROLL CHIPPENDALE AVENUE STREET IMPROVEMENTS : 191 October 20, 1992 November 19, 1992 : Ten 0 0) : Acres : Sanitary Sewer = 321 Watermain — 970 Storm Sewer = 185 Street = 2,261 PARCEL NO OWNER LAST NAME UNITS SANITARY * SEWER WATERMAIN STORM SEWER STREETS TOTAL ASSESSMENTS CC PLAT NO LOT BLOCK 34 03210 020 70 McMenomy 9 2,891 8,733 1,669 20,352 33,645 34 03110 010 80 Geronime, L. 39 12,529 37,843 7,234 88,190 145,796 34 03110 010 90 Geronime, T. 1 -0- 970 185 2,261 3,416 TOTALS 49 15,420 47,546 9,088 110,803 182,857 *NOTE: SANITARY SEWER BENEFITS ONLY 020-70 AND 010-80 Page 1 of 1 PHONE (612) 423-4411 FAX (612) 423.5203 of c-�'Rosemouni z 2875 - 145th Street West, Rosemount, Minnesota MAYOR Mailing Address: Edward E. 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 CHIPPENDALE AVENUE IMPROVEMENTS ASSESSMENT ROLL ADMINISTRATOR Stephan Jilk PROJECT 191 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 2, 1992, 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 Chippendale Avenue Improvements, Project #191, 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. usan M. W61sh City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this day of October, 1992. (Sverylking s (Pouring (Ub RosemounlY A ',. « recvuea oane PHONE (612) 423.4411 FAX (612) 423.5203 TO: eity of (Rosemount 2875 • 145th Street West, Rosemount, Minnesota Mailing Address: P.O. Box 510, Rosemount, Minnesota 550680510 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENTS FOR CHIPPENDALE AVENUE IMPROVEMENTS OF 1990 CITY PROJECT NO. 191 TIME AND PLACE GENERAL NATURE OF IMPROVEMENTS: ASSESSMENT TROLL OPEN TO INSPECTION: AREA PROPOSED TO BE ASSESSED: TOTAL AMOUNT OF PROPOSED:' WRITTEN OR ORAL OBJECTIONS: MAYOR Edward S. McMenomy COUNCILMEMBERS Sheila Klassen James (Red) Steals Harry Willcox Dennis Wipperrnann ADMINISTRATOR Stephan Jilk Notice is hereby given that the City Council of the City of Rosemount, Minnesota, will meet in the City Hall in the City of Rosemount, 2875 145th Street West, Rosemount, Minnesota, on the 20th day of October, 1992 at 8:00 p.m., or as soon thereafter as possible, to consider objections to the proposed assessments for Chippendale Avenue Improvements of 1990, City Project No. 191, heretofore ordered by the City Council. The proposed assessment roll is on file with the City Clerk and open to public inspection. The area proposed to be assessed consists of every lot, piece or parcel of land benefited by said improvements, which has been ordered made and is as follows: generally be all that area generally described as the SE1 /4 of Section 31 and SW 1 /4 of SW 1 /4 of Section 32; except that portion lying easterly of TH3, all in T115, R19, Dakota County, Minnesota. The total amount proposed to be assessed is $182,857.00. Written or oral objections wild be considered at the hearing. (Sverylhing s eovn ng (Up CJZ osPmouni ll 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. 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 against your BE ASSESSED: particular lot, piece or 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 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 roll. At any time prior to November 15 of any year YEAR: following the year the assessment is certified, the owner may prepay to the County 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 8.72°/x. 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 1992, collectible with such taxes during the year 1993. Dated this 29th day of September, 1992. BY ORDER OF THE CITY COUNCIL V City of Rosemount Dakota County, Minnesota PHONE (612) 4234411 FAX (612) 4235203 eity of (Rosemount 2875 - 145th Street West. Rosemount, Minnesota Mailing Address. P.O. Box 510, Rosemount, Minnesota 55068-0510 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENTS FOR CHIPPENDALE AVENUE IMPROVEMENTS OF 1990, CITY PROJECT NO. 191 TO WHOM IT MAY CONCERN: MAYOR Edward B. McMenomy COUNCILMEMSERS Sheila Klassen James (Red) Steals Harry Willcox Dennis Wippennann ADMINISTRATOR Stephan Jilk TIME AND PLACE Notice is hereby given that the City Council of the GENERAL NATURE OF City of Rosemount, Minnesota, will meet in the City IMPROVEMENTS: Hall in the City of Rosemount, 2875 145th Street West, Rosemount, Minnesota, on the 20th day of October, 1992 at 8:00 p.m., or as soon thereafter as possible, to consider objections to the proposed assessments for Chippendale Avenue Improvements of 1990, City Project No. 191, 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 lot, TO BE ASSESSED: piece or parcel of land benefited by said improvements, which has been ordered made and is as follows: generally be all that area generally described as the SE 1 /4 of Section 31 and SW 1 /4 of SW 1 /4 of Section 32; except that portion lying easterly of TH3, all in _T115, R19, Dakota County, Minnesota. TOTAL AMOUNT The total amount proposed to be assessed is OF PROPOSED: $182,857.00. 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 6verylkings Comtng (UJ Rosemount" PROJECT NAME PROJECT NO. ASSESSMENT HEARING DATE ASSESSMENT DUE BEFORE ASSESSMENT TERM (YEAR) UNIT DESIGNATION LOT/ACRE/FOOT COST PER UNIT CITY OF ROSEMOUNT ASSESSMENT ROLL/MAILING LIST : CHIPPENDALE AVE STREET IMPROVEMENTS : 191 : October 20, 1992 : November 19, 1992 : Ten (10) : Acres Sanitary Sewer = 321 Watermain = 970 Storm Sewer — 185 Street = 2,261 EXHIBIT PARCEL NO LAST NAME FIRST NAME MAILING ADDRESS CITY STATE ZIP TOTAL ASSESSMENTS CC PLAT NO LOT BLOCK 34 03210 020 70 McMenomy E. B. & Katherine L. 15872 Chippendale Ave. Rosemount MN 55068 33,645.00 34 03110 010 80 Geromine Louis Box 262 Rosemount MN 55068 145,796.00 34 03110 010 90 Geromine Thomas 3567 160th St. W. Rosemount MN 55068 3,416.00 TOTAL 182,857.00 Page 1 of 1 .Farmington Independent AFFIDAVIT OF PUBLICATION Diane Berge, being duly swom, on oath says that she is an authorized agent and employee of the publisher of the newspaper, known as The Farmington Independent , 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 and other applicable laws, as amended. (B) The printed 4e {' R - which is attached, was cut from the columns of said newspaper, and was printed and published once each week for 1443A) successive weeks; it was first published on Thursday, the 1 day of 6C ld::b4ti , 19 C? 22 and was thereafter printed and published on every Thursday, to and including Thursday, the day of 19 —; 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: abc(kf&jklmnopgrstu.wxyz C Title: Administrator for the Publisher Subscribed and sworn to before me on this S� day of Notary Public AFFIDAVIT CONNiE E FIFAREK a� _, Notary Public-Mmnesota Dakota County 1.My Comm Exp. 5.15-96 the city Council of thea City of Rosemount,. Minnesota;,4gmedyin the City Ball in the Gty pf Rosemount; 2875 145th Street West, Rosemount, Mmnesoti, on the 20th "day of October, 1992 -at 8:00 p.m or- as soon thereafter as possible, tb consider objections - to : the,. proposed' ;assessments for Chippendale Avenue Improvements of 1990, City Project No. 191, heretofore eedered by the City Camcd. >' Assessment Roll Open to Inspection: The proposed assessment roll is on file with the City Clerk and open to public inspec ioa$, Area Proposed to be Assesse&-„rheJ'nea: proposed to be assessed consists "of every' lot, piece cc parcel of land benefited by said P improvements, which has been ordered made and is as follows: generally be all that area generally. described as the SE 1/4 of.-. Section 31 and SW 1i4 &SW 1/4 of Section 32; except that portion lying easterly of TH3, all in T115, R19, Dakota County,. Minnesota. Total Amount of Proposed: The total amount proposed to be assessed is -- $182,857.00: Wnttea or Oral Objections: Written or all objections well be considered at the heating. 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 Appeal: No appeal may by taken as to the amount of 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 Statues, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause. Deferment of Assessments: Under the provisions of Minnesota 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 forwhomit 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 29th day of September, 1992. BY ORDER OF THE CITY COUNCIL ” By /s/ Susan M. Walsh Susan M. Walsh City Clerk City of Rosemount Dakota County, Minnesota 10/1