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HomeMy WebLinkAbout9. & 10. Jay Simon's Assessment Hearing & 130th Street West Assessment Hearingo(ll • 2675-145TH ST W. ROSEMOUNT. MINNESOTA 55068 ose m o u n t 612--423-4411 TO: Mayor, Council, City Administrator FROM: Dean Johnson, Director of Community Development DATE: August 28, 1987 SUBJ: Jay Simon/130th Street Assessment Projects Attached is a variety of information, pertaining to the two street projects above. I would like to give you a brief run down on the particulars of the projects as they relate to our assessment policies and the assessment procedures. Jay Simon and 130th Street projects are two distinct and unrelated projects, as far as assessments are concerned. The Jay Simon project represents a local street improvement and assessment project. The 130th Street project represents a collector street improvement and area -wide assessment procedure. Because of their proximity together and comparable physical condition, the feasibility for improvements was reviewed simultaneously. Review of improvements to the internal streets in the "Gena" addition was also considered during this time frame; however, no formal improvements were ever pursued. Two public improvement hearings were held on the 130th Street/Jay Simon Project. The proposed assessment area for 130th Street was listed as one-half mile either side of 130th Street between ` TH3 and Bacardi. The final assessment area lies within that original district and is shown on an attached map. The assessment area for the Jay Simon project includes all parcels abutting lateral streets and parcels with contiguous ownership (usually landlocked). One problem we have uncovered with the 130th Street assessment notice is a typographical error in the legal description. We listed the length of the assessment area as being from TH3 to 130th Way. " That was the actual length of the improvement. The actual description should read from TH3 to Bacardi Avenue. Staff recommends that we readvertise the hearing and redistribute the mailings to all within the project. The September 1st hearing will be held as proposed but recessed, rather than closed, until the new publication can be made legally. September 22 or 29 are options for a continuance. The Simon street hearing may be completed as scheduled. There will be questions regarding benefit -- usually on parcels where contiguous ownership exists. Our efforts in listing assessable parcels was directed at including every parcel, whether buildable now or in the future. This represents the fairest method in assessing; in that, the maximum number of assessment units are tabulated at the time the value of the unit is established. No one can come back in ten years after learning that five new building permits were issued on unassessed parcels and demand a rebate from the City for their particular assessment. We will see a number of "deferred assessments" being established in the course of the appeals that are bound to be registered. By "deferred assessments" I am referring to the fact that some parcels may be considered to have future benefit and therefore may not be certified at the present time. Other parcels may be candidates for drainage easements, street extensions or be subject to a combination with a contiguous parcel. In any example the parcels appear buildable now or in the future, but by legal mechanism may be rendered without benefit indefinitely. Some assessments may be dropped altogether. Jay Simon/130th Street Assessment Projects September 1, 1987 Page Two In the case of deferred assessments the City is picking up the cost in the interim. If the benefits are triggered in the future, as a result of public utility improvements or cancellation of some other legal agreement, then the City could receive proper reimbursement. This procedure is not unlike deferments under Green Acres or deferments resulting from tax or assessment defaults. It is up to the City to establish the detailed arrangements for any and all deferments. We should be prepared to hear every possible complaint or objection from some of those present. We should understand that some of these objections will be legitimateand result in deferral or dismissal. The purpose of the hearing is to receive the objections formally for the record. The end result of a particular appeal will not be the subject of debate at the hea["n . Staff and council can simply indicate to those appealing that the appeals will be evaluated on their individual merits and a decision made prior to certification of the assessments. The fact the appeal is ignored or denied at the time of certification does not eliminate an individual's right to appeal. It does, however, require the individual and the City to resolve an appeal through the courts. The 130th Street project, as an area -wide assessment, adds another dimension to the debate over benefit and the potential for any one party being assessed for more than one collector street or area -wide assessment. All I can suggest is that the City firmly establish the position that no parcel will receive full assessments on more than one area -wide or collector street improvement. This puts the burden on the City to establish adequate records to accommodate this procedure and policy. In particular, there will be objections raised by those along Bacardi Avenue that they should not be assessed for 130th Street, particularly since 130th Street was not extended to Bacardi Avenue. Some, however, may prefer to be assessed for 130th Street if there is a guaranteed exemption from future assessments on Bacardi Avenue. The City is in a position to negotiate this situation with each individual party involved. In summary, I hope that this information will shed some advance ,light on a difficult assessment project. I intend to present a similar overview to the audience before formal testimony is entered into the record. I caution the Council to take the position that the nature of the comments to be received should be limited to registering an appeal or objection. Obviously, some will want to expound on inequities and bad policies; however, the Council should not allow the hearing to be a forum for debating or negotiating any of the appeals. The parties should be asked to make appointments with staff to discuss the particular issues surrounding each appeal. The recommendations by staff on any appeal and the resulting action by the Council will have to be completed no later than the October 6 Regular Meeting. Jay Simon/130th Street Background June 4, 1985 Council responded to a petition for surfacing streets in the neighborhood referred to as Jay Simons Addition and for resurfacing 130th Street between TH3 and Bacardi Avenue and ordered a Feasibility Report. Public Improvement Hearing held on August 13, 1987 to review the original Feasibility Report. As a result of comments made at the Public Improvements Hearing a new Public Improvements Hearing was held on October 8, 1985 to review a revised Feasibility Report which pulled the segment of 130th Street from 130th Way to Bacardi Avenue out of the Project. The total Estimated Cost of 130th Street was $180,000. The total Estimated Cost of the Jay Simon Streets was $140,000. The Assessment Area was described as "all that area in Sections 16, 17, 20 and 21, one-half mile either side of the common section line of Section 16 and Section 21 and Sections 17 and 20 between Bacardi Avenue and Highway 3" The actual costs of the projects are $162,559.50 - 130th Street and $122,448.32 - Jay Simons. 130th Street: 111 total Assessment Units =$1,464.50/Unit Jay Simon: 46 total Assessment Units = $2,661.92/Unit 130th Street TH3 — 130th Way = 4,000' $ 162,559.50 divided by 4,000' = $40.64/l.f. Simon Streets = 3,013' $ 122,448.32 divided by 3,013' _ $40.64/l.f. l �Ily U 1367.145TH ST. E. :�. !• ` q ROSCMOIINT. hitNN£SOTA 55068 �Qsernq ou n l 612-423-44 1 t PUBLICN0TIC'E NOTICE OF PUBLIC HEARING ON IMPROVEMENTS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount, Dakota County, Minnesota, will meet at 7:30 o'clock p.m., Tuesday, October 89 1985 to consider the following improvements: Blacktopping of the streets in the Jay Simon's Addition. Blacktopping of 130th Street West between 130th Way and Highway 3. The total estimated cost of said improvements is $320,000.00. The area proposed to be assessed for the foregoing improvements would be all that area in Sections 16, 17, 20 and 21, one-half mile either side of the common section line of Section 16 and Section 21 and Sections 17 and 20 between Bacardi Avenue and Highway 3, whether abutting thereon or not, based on benefits received and without regard to cash valuation. Such person as desires to be heard with reference to the proposed improvements will be heard at this meeting. Written or oral objections will be considered. Dated this 12th day of September, 1985. BY ORDER OF THE CITY COUNCIL. City of Rosemount Dakota County, Minnesota 0 8 I i e 30N3Atl gp2V')tlA r :[ _— m P /. I Vo ' 4 ILI) _ � p -- �\Nl • ` `-`..___ _ ;vMM�e � h.1S 9 tl7Ntl 7A � p oq --.--- •.. 09•0_w - l p Pr t►. n s�oeo c• t 060 - -- N » _ [Q P v N n ai N N P - p Q� � 'tl'�a+�Nta _'4b � tliinr>Nllr� $ N N colo 12t.0zo 1 t P 00 oio b, a E � Q 1 0 1 ' 0 0 � 1 gran osemouril 0 21175-145111 ST. W ROSEMOUNi, MINNESOIA550FP 612---423-4411 Notice of }tearing on Proposed Assessment TO WHOM IT MAY CONCERN; Notice is hereby given that the council will meet at 8:00 P.M. on September 1, 1987, at the city hall to pass upon the proposed assessment for the street improvements within the Jay Simons First Addition. The following is the area proposed to be assessed. Lots 1-5 and Outlot A, Block 1, Lots 1-11, Block 2, Lots 1-12, and Outlot A and B, Block 3; all of the Jay Simon First Addition, and all real propertyin the Southeast Quarter of the Southwest Quarter of Section 16, Township 115N, Range 19W, Dakota County, Minnesota. The amount to be specially assessed against your particular lot, piece, or parcel of land is attached to this notice. You may at anytime prior to certification of the assessment to the county auditor pay the entire assessment on such property, with interest accrued to the date of payment, to the county auditor. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the county auditor the entire amount of the 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. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 8.2 percent per year. The proposed assessment roll is on file for public inspection at the city clerk's office. The total amount of the proposed assessment is $122,410.50. Written or oral objections will be considered at: the meeting,. No appeal may be taken as to the amount; of an ,R.qe ment unless .� signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any obJection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The city will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the city has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedtlr.e for questioning of the city's witnesses will be followed with the ob-jector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the council as to the weight of items of evidence or testimony presented to the council. 5. The entire proceedings will be taped-recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the council based .on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to district court 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. Dated this 10th day of August, 1987. „/ EStepho' Jilk, Admliini4lliator/Clerk Page No. 1 i 08/28/87 Jay Simon Addition Assessment Roll U n 1 Name Parcel # t Rate Amount Virgil D & Linholm 34-01610-010-59 1 2661.92 2661.92 Donna D Timothy W & Jerin 34-01610-012-55 1 2661.92 2661.92 Dagmar August R & Hanson 34-01610-016-55 1 2661.92 2661.92 Marjorie Ray A & Phyllis Barton 34-01610-018-55 1 2661.92 2661.92 William C Jr & Lindell 34-01610-019-55 1 2661.92 2661.92 Mary Virgil D & Lindholm 34-01610-020-55 1 2661.92 2661.92 Donna Virgil D & Lindholm 34-01610-020-59 1 2661.92 2661.92 Donna Ronald R & Joan Goettsch 34-01610-030-59 1 2661.92 2661.92 A Eugene A & Barthel 34-01610-040-59 1 2661.92 2661.92 Shurley Donald E & Nelson 34-01610-060-59 1 2661.92 2661.92 Donna F Donald E & Nelson 34-01610-070-59 1 2661.92 2661.92 Donna F Richard & Ruth Back 34-01610-090-59 1 2661.92 2661.92 Ann John D & Carol Beckman 34-01610-100-59 1 2661.92 2661.92 Robert F & Shoemaker 34-01610-110-59 1 2661.92 2661.92 Eileen Eugene D & Ruby Ouinnell 34-01610-120-59 1 2661.92 2661.92 V Daniel Jr Lockler 34-01610-130-59 1 2661.92 2661.92 Virgil D & Lindholm 34-01610-140-59 1 2661.92 2661.92 Donna D Thomas & Murphy 34-68300-010-01 1 2661.92 2661.92 Barbara Daniel Jr Lockler 34-68300-010-02 1 2661.92 2661.92 John Marchand 34-68300-012-02 1 2661.92 2661.92 Norman & Sharon Brucker 34-68300-012-03 1 2661.92 2661.92 Robert & Jeanne Boche 34-68300-020-01 1 2661.92 2661.92 Ray A & Phyllis Barton 34-68300-020-02 1 2661.92 2661.92 C Howard R Foster 34-68300-020-03 2 2661.92 5323.84 Timothy W & Jerin 34-68300-030-01 1 2661.92 2661.92 Dagmar Ray A & Phyllis Barton 34-68300-030-02 1 2661.92 2661.92 C Thomas T & McDonald 34-68300-030-03 1 2661.92 2661.92 Helen X John Marchand 34-68300-040-02 1 2661.92 2661.92 _'Page'No. 2 08/28/87 Jay Simon Addition Assessment Roll U n i Name Parcel # t Rate Amount Bruce W & Diane Garbrecht 34-68300-040-03 1 2661.92 2661.92 M Ralph H Hanson 34-68300-050-02 1 2661.92 2661.92 Dennis K & Abbott 34-68300-050-03 1 2661.92 2661.92 Paulette Timothy W & Jerin 34-68300-051-01 2 2661.92 5323.84 Dagmar Dennis K & Abbott 34-68300-061-03 1 2661.92 2661.92 Paulette Wm J & Leona K Katzenmaie 34-68300-070-03 1 2661.92 2661.92 r Donald & Donna Berg 34-68300-071-02 2 2661.92 5323.84 Glenn L Larson 34-68300-080-02 1 2661.92 2661.92 Stephen A & Schmid 34-68300-080-03 1 2661.92 2661.92 Linda E Glenn L Larson 34-68300-090-02 1 2661.92 2661.92 Harold B & Richagels 34-68300-090-03 1 2661.92 2661.92 Carol Rolf Hanson 34-68300-100-02 1 2661.92 2661.92 Raphael Jr & McNamara 34-68300-100-03 1 2661.92 2661.92 Janet Karin R Draxten 34-68300-110-02 1 2661.92 2661.92 Robert A Shoemaker 34-68300-110-03 1 2661.92 2661.92 *� Total** 46 122448.32 • (111 O 0 �,osem' au n t Notice of Hearing on Proposed Assessment 2875 -145TH ST W. ROSEMOUNT. MINNESOTA 55068 612--423-4411 TO WHOM IT MAY CONCERN: Notice is hereby given that the council will meet at 8:00 p.m. on September 1, 1987, at the city hall to pass upon the proposed assessment for the street improvements of 130th Street between Trunk Highway 3 and 130th Way. The following is the area proposed to be assessed. All real property lying one-half (1/2) mile north and south of 130th Street between Trunk Highway 3 and 130th Way. The amount to be. specially assessed against your particular lot, piece, or parcel of land is attached to this notice. You may at anytime prior to certification of the assessment to the county auditor pay the entire assessment on such property, with interest accrued to the date of payment, to. the county auditor. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the county auditor the entire amount of the 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. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 8.2 percent per year. The proposed assessment roll is on file for public inspection at the city clerk's office. The total amount of the proposed assessment is $162;559.50. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at'the hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The city will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the city has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the city's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they ,may be considered and argued to the council as to the weight of items of evidence or testimony presented to the council. 5. The entire proceedings will be taped-recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to district court 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. Dated this 10th day of August, 1987. Stepp n Jilk, AdrdYnistrator/Clerk �r Page' No. 1 08/25/87 130th Street U n i Name Parcel # t Rate Amount 0 0.00 0.00 Virgil D & Lindholm 34-01610-010-59 1 1464.50 1464.50 Donna D Donald H & Varey 34-01610-010-60 1 1464.50 1464.50 Joanne A Howard & Norma Hanson 34-01610-010-64 1 1464.50 1464.50 Albert H & Genz 34-01610-010-70 1 1464.50 1464.50 Alice V Timothy W & Jerin 34-01610-012-55 1 1464.50 1464.50 Dagmar William H Schlichtin 34-01610-012-62 1 1464.50 1464.50 g Leonard J & Peterson 34-01610-014-55 1 1464.50 1464.50 kathy August R & Hanson 34-01610-016-55 1 1464.50 1464.50 Marjorie Ray A & Phyllis Barton 34-01610-018-55 1 1464.50 1464.50 William C Jr & Lindell 34-01610-019-55 1 1464.50 1464.50 Mary Virgil D & Lindholm 34-01610-020-59 1 1464.50 1464.50 Donna Ronald R. & Goettsch 34-01610-030-59 1 1464.50 1464.50 Joan A. Eugene A & Barthel 34-01610-040-59 1 1464.50 1464.50 Shurley Donald E & Nelson 34-01610-060-59 1 1464.50 1464.50 Donna F Donald E & Nelson 34-01610-070-59 1 1464.50 1464.50 Donna F Richard & Ruth Back 34-01610-090-59 1 1464.50 1464.50 Ann John D & Carol Beckman 34-01610-100-59 1 1464.50 1464.50 Robert F & Shoemaker 34-01610-110-59 1 1464.50 1464.50 Eileen Eugene D & Ruby Quinnell 34-01610-120-59 1 1464.50 1464.50 V Daniel Jr Lockler 34-01610-130-59 1 1464.50 1464.50 Virgil D & Lindholm 34-01610-140-59 1 1464.50 1464.50 Donna D Edward H & Grabau 34-01710-010-77 1 1464.50 1464.50 Jennifer Louis & Phyllis Billmeyer 34-01710-010-80 1 1464.50 1464.50 Louis H & Greta Genz 34-01710-011-79 1 1464.50 1464.50 City Of Rosemount 34-01710-012-79 1 1464.50 1464.50 Gordon & Marie Vankleek 34-01710-020-78 1 1464.50 1464.50 Robert G & Beise 34-01710-020-80 1 1464.50 1464.50 Shirley Howard & Norma Hanson 34-01710-030-80 1 1464.50 1464.50 - •Page -No. 2 • 08/25/87 130th Street U n i Name Parcel # t Rate Amount Gary & Peterson 34-01710-050-80 1 1464.50 1464.50 Christine Gordon & Mari Vankleek 34-01710-060-80 1 1464.50 1464.50 Richard & Lucking 34-01710-070-80 1 1464.50 1464.50 Elouise Robert & Carol Herkenratt 34-01710-080-80 1 1464.50 1464.50 Michael J & Whalen 34-01710-090-80 1 1464.50 1464.50 Arlene Michael & Hendrick 34-01710-090-85 1 1464.50 1464.50 Lizsasha Carl G & Leidner 34-01710-100-80 1 1464.50 1464.50 Leidner Carl G & Leidner 34-01710-110-80 1 1464.50 1464.50 Marlene M William D & Ivey 34-01710-120-80 1 1464.50 1464.50 Evelyn' August R & Hanson 34-01710-130-80 1 1464.50 1464.50 Marjorie Rudolph 0 & Potuzak 34-01710-140-80 1 1464.50 1464.50 Eliz M Donna Scholz 34-01710-150-80 1 1464.50 1464.50 Sharon Staats 34-01710-160-80 1 1464.50 1464.50 Gerald Omeara 34-01710-170-80 1 1464.50 1464.50 Wm D & Evelyn Ivey 34-01710-180-80 1 1464.50 1464.50 David & Joanne Weinner 34-01710-190-80 1 1464.50 1464.50 Marion J & Gliva 34-02010-010-10 1 1464.50 1464.50 Diane R Northern Natural 34-02010-010-18 1 1464.50 1464.50 Gas Co. City ,Of Rosemount 34-02010-012-01 1 1464.50 1464.50 Phillip J. Anderson 34-02010-013-01 1 1464.50 1464.50 Joseph Sr. & Tranby 34-02010-014-01 1 1464.50 1464.50 Cheryl County of Dakota 34-02100-010-25 1 1464.50 1464.50 Paul J. Nieland 34-02110-010-25 9 1464.50 13180.50 Don & Georgene Christenso 34-53601-030-01 1 1464.50 1464.50 n Mark & Sheryl Nelson 34-53601-040-01 1 1464.50 1464.50 Thomas & Murphy 34-68300-010-01 1 1464.50 1464.50 Barbara Daniel Jr Lockler 34-68300-010-02 1 1464.50 1464.50 Howard R Foster 34-68300-010-03 1 1464.50 1464.50 Robert & Jeanne Boche 34-68300-020-01 1 1464.50 1464.50 Ray A & Phyllis Barton 34-68300-020-02 1 1464.50 1464.50 C Howard R Foster 34-68300-020-03 1 1464.50 1464.50 Timothy W & Jerin 34-68300-030-01 1 1464.50 1464.50 Dagmar 'Page ' ho . 3 08/25/87 130th Street U n Amount 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50- 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 i Name Parcel # t Rate Ray A & Phyllis Barton 34-68300-030-02 1 1464.50 C Thomas T & McDonald 34-68300-030-03 1 1464.50 Helen Y John Marchand 34-68300-040-02 1 1464.50 Bruce W & Diane Garbrecht 34-68300-040-03 1 1464.50 M Timothy W.& Jerin 34-68300-040-03 1 1464.50 Dagmar Ralph H Hanson 34-68300-050-02 1 1464.50 Dennis K & Abbott 34-68300-050-03 1 1464.50 Paulette Timothy W & Jerin 34-68300-051-01 1 1464.50 Dagmar Donald & Donna Berg 34-68300-060-02 1 1464.50 Dennis K & Abbott 34-68300-061-03 1 1464.50 Paulette Wm J & Leona K Katzenmaie 34-68300-070-03 1 1464.50 r Donald & Donna Berg 34-68300-071-02 1 1464.50 Glenn L Larson 34-68300-080-02 1 1464.50 Stephen A & Schmid 34-68300-080-03 1 1464.50 Linda E Glenn L Larson 34-68300-090-02 1 1464.50 Harold B & Richagels 34-68300-090-03 1 1464.50 Carol Rolf Hanson 34-68300-100-02 1 1464.50 Raphael Jr & McNamara 34-68300-100-03 1 1464.50 Janet Karin R Draxten 34-68300-110-02 1 1464.50 Robert A Shoemaker 34-68300-110-03 l 1464.50 John Marchand 34-68300-120-02 1 1464.50 Norman & Sharon Brucker 34-68300-120-03 1 1464.50 Lyol H & Netteburg 34-84000-010-00 1 1464.50 Vernice Joseph A & Barash 34-84000-010.01 1 1464.50 Marilyn A Richfield Bk & Trust 34-84000-010-02 1 1464.50 Co. Leon L Cook 34-84000-010-03 1 1464.50 Lyol H & Netteburg 34-84000-020-00 1 1464.50 Vernice Albert H & Mary Schwab 34-84000-020-01 1 1464.50 E Mark Nolan 34-84000-020-02 1 1464.50 Hallmore Land Co. 34-84000-020-03 1 1464.50 L H Netteburg 34-84000-030-01 1 1464.50 Joseph E Romain 34-84000-030-02 1 1464.50 Amount 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50- 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 1464.50 'Page 'No. 4 08/25/87 130th Street U n i Name Parcel # t Rate Amount Lee & Joyce Lunde 34-84000-030-03 1 1464.50 1464.50 Patrick J & Neisius 34-84000-040-01 1 1464.50 1464.50 Diane Douglas & Cher Chilton 34-84000-040-02 1 1464.50 1464.50 D Catherine M Desautels 34-84000-040-03 1 1464.50 1464.50 Jens C & Viola Jensen 34-84000-050-02 1 1464.50 1464.50 L L H Netteburg 34-84000-050-03 1 1464.50 1464.50 Philip R & Holmes 34-84000-060-02 1 1464.50 1464.50 Janet L Karlan R Zahorka 34-84000-060-03 1 1464.50 1464.50 David & C Robin Schmitz 34-84000-070-02 1 1464.50 1464.50 Daniel & Helwig 34-84000-070-03 1 1464.50 1464.50 Rebecca Robert Jante 34-84000-080-02 1 1464.50 1464.50 Total *** i11 162559.50 R August 27o 1987 City of Rosemount 2875 -145th St. W. Rosemount, Minnesota 5506£3 To Whom It May Concerns By receipt of this letter, consider this our written objection for 'the total assessment for the street improvements of 130th St. between trunk Highway 3 and 130th Way against our property - lot 12, block 3, Jay Simon First Addition. During the hearings about said project, it was decided that our property would not be assessed as we have no direct access to 130th St. because of our pond. Now it appears since the hiring of Steven Jilk, Administrator/ Clerk, that this decision has been reversed without an open meeting or notification to us as property owners. It also appears that the project is not complete even though the city is trying to assess the -total amount of the project against the property owneks. 1. The railroad crossing was suppose to have been rebuilt as part of the project. 2. Pine trees surrounding my pond were removed during the project and have not been replaced. 3. My south west survey irihn.was removed and not replaced. These items were brought to the ai; tenti.orl or the project engineer several times during -the construction. To this (late these items have not been taken care of.. Sincerelyi Norman Brucker Sharon Brucker 12865 Bacardi Hosemount, Minnesota 55068 Administrator Building Dept. Fire . Park & Rsc. x t U tj v L L Planning Police _ AU -G 90 1987 Public Works CJ� C�` iov of CLERK'S OFFICE CITY OF ROSEMOUNT AUG 27 1987 CLERK'S OFFICE August 25, 1987 CITY OF ROSFMOE!NT City of Rosemount '".75 145th Street W. Rosemount, MN 55068 Sirs: I am writing in response to the hearing notice on proposed assessment dated August 10, 1987 with a hearing date of leptember 1, 1907. I have two objections; First, regarding the 1?^th Street assess-ent. The street runs along the southern edve of my property.The road right his been moved north a number of feet; however, no settlaent has been renched compensating, for the loss, neither financi.nlly, nor nrovidinn for the rrorerty to be resurveyed and the .a.!Astracts corrected accord4.n7ly. It -:as also my understanding that nrorerty 24 acre or less would be considered as one parcel of property with one assessment amount. Second, regarding the Jay Simon Addition. Tt wi,s my understanding at the hearings in August of 1PR5 that we would be assessed on a per buildable lot basis. I have three, not .four, buildable lots as Teras assessed for. The fourth was obtained in a property transfer between Lela 9. Simon and I in Anril, lnP4. At that time an understardinr bras required that -"e would not develop the land as it was, but would keep it as a "buffer" strip or attach it to the existi.na lots. I do not cansder that a "buildable lot" and object to havini7 it assessed as one. I �oill he at the Sentember 1, JOP7 '-ienrin- and would like these concerns addressed. Sincerely. / Donna D. LindCOPIED TO: Lindholm COPIED ✓-- Buildt Dept. Fire Pry & Rec. .�-- Pleaning Felice PUVIC Wolks i Treasurer tijt ILL IU GUUtitoiL Friday, August 21st, 1987 AUG 2 6 1987 Ci City of Rosemount 1367 145th Street E. Rosemount, MN 55068 Mayor Leland Knutson, and the Rosemount City Council; Notice is hereby given that Daniel J. and Barbara J. Lockler contest the proposed assessment on our property, north of our residence lot. Plat 01610 Lot 130 Block 59 is totally underwater, and has been for the ten years I have lived here, and many years prior to that. This lot is totally inaccessible to any public roads, and impossible to build upon. I will grant the city of Rosemount, a water easement on the said property. I do not feel that this property should be assessed for road improvements, as it is completely impossible for any improvements now or in the future. Yours Trul , Daniel Lockle '4 C COP>IE-D TO: / AdmWsWer DiAlding Dept. Fire Park & Rec. f Planning L� Police Public Works Treasurer EXHIBIT "An That part of the NW 1/4of Section 31, Township 115, Range 19, described as follows: Commencing at the southeast corner of said NW 1/4; thence North 0 degrees 17 minutes 27 seconds East (assumed bearing) along the east dine of said NW 1/4 a distance of 340.00 feet to the point of beginning of the land to be described; thence northerly on a tangential curve concave to the west, having a radius of ,634.07 feet, a central angle of 16 degrees 00 minutes 00 seconds a distance of 177.07 feet; thence North 15 degrees 42 minutes 33 seconds West a distance of 100.7.5 feet; thence northerly on a tangential curve, tangent to the last described line, concave to the east, having a chord bearing of North 12 degrees 29 minutes 50 seconds West, a chord distance of 80.02 feet, a radius of 714.07 feet, a central angle of 6 degrees 25 minutes 26 seconds, a distance of 80.06 feet; thence East 'a distance of 781.52 feet; thence North 79 degrees 55 minutes 10 seconds West a distance of 60.00 feet; thence North 10 degrees 04 minutes 50 seconds East a distance of 45.84 feet thence North 79 degrees 55 minutes 10 seconds West a distance of 144.91 feet; thence North 15 degrees 01 minutes 36 seconds East a distance of 110.75 feet; thence North 1 degree 19 minutes 11 seconds East a distance of 62.92 feet; thence North 17 degrees 34 minutes 40 seconds East a distance of 87.21 feet; thence North 13 degrees 47 minutes 43 seconds East a distance of 115.33 feet; thence North 7 degrees 16 minutes 08 seconds East a distance of 98.79 feet; thence North a distance of 85.00 feet; thence East a distance of 130.00 feet; thence North a distance of 35.00 feet; thence East a distance of 147.00 feet; thence North 70 degrees 52 minutes 49 seconds East a distance of 79.38 feet; thence East a distance of 600.30 feet to said east line of the NW 1/4; thence South 0 degrees 17 minutes 27 seconds West along said east line a distance of 1040.02 feet to the point of beginning and there terminating. CONSENT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 19 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19 by Notary Public DRAFTED BY: Grannis, Grannis, Farrell & Knutson, P.A. 403 Norwest Bank Building 161 North Concord Exchange South St. Paul, MN 55075 (612) 455-1661 CY AUG Z8 1987 CLERK'S OFFICE -r- CITY OF ROS _RIOUNT b rj p1l, %•f V "a��." f /77. �j CEJ 7 i1 G� 5driai✓ �o-r /,7,1�. r / ✓1 /y To CJSr! X, el" f idles t"� Gi f of P\v5Qm0L'tin j44�A. J-/) A197 ii -IJ iu l►uu,i...i: AUG 311987' _le o"" 7' atm U)j 1,4/wtGj r) r-1 OctN-d5 b th,-P- nofic:e r'tGel'(1Z4 6u 409• /0, l `dGtbUuf` ,e p/a c e oi-a Se& ry let2e d -i-r) A e,. a 4,1.1 5-t "-e-,c -I- /IZ7 u) ev vfi , Ino .5 e f -f - 1- a'� k7e.e r ea CIA eq c0 errp-gon def.� t'r��ij -40 r OU hys ,j r'1 e /t.Gy 'I i/� G�� C i G1 l n 0'r f D Vr Ll t ' v b.2 �} `) � T yf� � -T .�-- � C©r�y^-E c- f-�'Gl C C J �^' i I/ 1�,. • Build. - p "'--- Fir�AUG 11987 p01 ` �` CLERKS �t4OFFICE CITY OF ROSEMOI INT �T��C I�'r�i2i';is - • September 1, 1987 TO kayor Knutson and Rosemount City Council FRO114: Leonard J. and Kathy A. Peterson The purpose of this letter is to formally protest the proposed assessment for the street improvements of 130th St. against our property on Bacardi Avenue described as: That part of the Southeast Quarter (SE 1/4) of the Southwest Quarter (sw 1/4) of Section Sixteen(16), Township One Hundred Fifteen (115), Range Aneteen(19) lying north of the plat of Jay Simon's First Addition, except the ,lest 658,2 feet; containing 6.2 acres, more or less; according to the Government Survey thereof. We feel that we should not be assessed for 130th St. because Bacardi Ave. is our direct access rodd and does not feed into 130th St. Furthermore, we have no Treater benefit from 130th St. than do the properties on the east side of Bacardi Ave. yet those properties are not included in the assessment. It is also our concern that at some future date improvements will be made that will directly affect Bacardi Ave. These improvements could be the extension of 130th St. to Bacardi or improvements to Bacardi Avenue proper. We feel that it would be inequitable for us to pay for both current and future assessments without some written guarantee from the City of Rosemount that the same pool of property owners would also share in future assessments to Bacardi Avenue or that we would not be held liable for future assessments if we contribute to the current assessments. Thank you for your time ans consideration in this matter. Respectfully,. s �- Leonard J. Petrrson Kathy A. Peterson CO TO: f)� y,�P10M. Buildiing Dc, -pt. fire 'f Vf, ti tai:b. ' L -U t U w u l. �'�urer SEP 0 11987 • 0 September 1, 1987 TO: Mayor Knutson and Rosemount City Council FROM: Leonard J. and Kathy A. Peterson The purpose of this letter is to formally protest the proposed street assessments against Outlot A, Block 2, Jay Simon First Addition. Outlot A is an unbuildable piece of property that is 60 feet wide and is designated as a drainage pond. This outlot cannot be sold separately, and is deeded with Lot 4, Block 2, Jay Simon First Addition. In August 1986, we sold the above property to John Marchand and Jeannette Anderson. At the time of closing, an escrow account was established to cover the estimated cost of the street assessments. This account was established for the property at 2159 West 128th St., Rosemount, MN, legally described as Lot 4 and Outlot A, Block 2, Jay Simon First Addition, not as two separate lots with two separate assessments. It is, therefore, our contention that because Outlot A is an unbuildable drainage pond & part of the legal description of the property at 2159 West 128th Street, it should not be separately assessed for street improvements to 130th St. and Jay Simon First Addition. Respectfully, � I Leonard J. Peterson Administrwi i/ !t',ci ai3l _ . I Kathy A. Peterson t ,-u I i,uuA.. .. Sc p 011987 f, ��- v2�K'c� o DoT o� i M y TO: Ad-miri s#rotar Byyuildit g Dont. Pidmming -LU IU wow o . int}c.-.----�-- SEP 011987 Public 1, rl:s Tr$oWrer `-i f 0 CITY OF ROSEMOUNT RESOLUTION 1987- A RESOLUTION ADOPTING ASSESSMENT ROLL (JAY SIMON'S ADDITION, PROJECT NO. 152) 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 Jay Simon's Addition, Project No. 152, Improvements of 1985, 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, a follows: (1) Such proposed assessment, a copy of which is attached hereto and made a part hereof 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 including principal and interest extending over a period of ten (10) years, with interest at the rate of eight and two- tenths (8.2%) percent per annum, in the amount annually required to pay the principal over such period at such rate, the first of said installments to be payable with general taxes for the year 1988, collectible with such taxes during the year 1988. (b) The owner of the property so assessed may at any time prior to the certification of the assessment to the County Auditor, pay to the City Treasurer, and thereafter at any time prior to November 15 of any year pay to the County Auditor, the whole of the principal amount of the assessment on such property provided that no such prepayment shall be accepted without payment of all installments due to and including December 31 of the year of prepayment, and the original principal amount reduced only by the amounts of principal included in such installments computed on an annual amortization basis. 3. The Administrator/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 day of -September, 1987. ATTEST: Stephan Jilk, ministrator/C-Terk Leland S. Knutson, Mayor