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HomeMy WebLinkAbout8. County Road 42 (CR71 to TH52) Assessment Hearingt. L+Z.IVV 8 2875 -145TH ST. W ROSEOUNT, MINNESOTA 55068 Jemu Fitt --423-4411 TO: Mayor, Council, City Administrator FROM: Dean Johnson, Director of Community Development DATE: September 11, 1987 SUBJ: CSAH 42 Assessment Hearing Attached are copies of the following: final assessment area map, final assessment roll, original cost/funding outline, my original background information memo and the public improvement hearing notice. There is really only one change in this project worth noting -- the total number of assessment units decreased from 49 to 45. One of the larger parcels, owned by Marlin and JoAnne Rechtzigel, has been cut in half. This reflects the dual access of the 80 acre parcel onto both CSAH 42 and TH 52. Unlike some "corner" parcels which can be simply included or excluded from a particular improvement project, this parcel has similar access or benefit to either roadway. Hence, we have recommended the number of assessment units be reduced from eight to four. The City Council adopted the policy of assessing 50010 of the residential equivalent street cost to properties benefiting from a 4 -lane divided county road. The total length of the reconstruction project is 4,300 feet. At $21 per lineal foot, the total assessable cost is $90,300. With 45 assessment units the final rate is $2,006.67/unit. We have not received final billings from the county on this project. The original estimated cost to Rosemount was $405,000. I will try to determine the final estimated cost prior to the meeting. As in the case of the past two roadway projects, I will be at the hearing to make a brief presentation and answer any questions. i sn a 4 r i R 75 14511-1 ST W VQce Ou'n� ROSEMOUNI MINNES01 A 55068 J , l 612--423-4411 P UBLI C NOTICE Notice of Hearing on Proposed Assessment TO WHOM IT MAY CONCERN NOTICE IS HEREBY GIVEN, that the Rosemount City Council will meet at 8:00 p.m. oras soon thereafter as possible on September 15, 1987, at the Rosemount City Hall, 2875 145th Street West in Rosemount to pass upon the proposed assessment for the reconstruction (widening) of Dakota County Road 42 between County Road 71 and State Trunk Highway 52. The following is the area proposed to be assessed. Generally all that area in Section 25, one-half mile either side of the east -west centerline of said section between County Road 71 and Highway 52, whether abutting thereon or not. 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 $90,300.00. 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. b. 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 25th day of August, 1987. BY ORDER OF THE CITY COUNCIL. Stephan Jilk Administrator/Cler City of Rosemount Dakota County, Minnesota .• • • Page No. 1 08/28/87 County Road 42 (CR 71 to TH 55) Assessment Roll U n i Name Parcel 1 t Rate Amount Dennis D & Ozment 34-02500-010-01 1 2006.67 2006.67 Gayle Elizabeth J Dunn 34-02500-010-02 3 2006.67 6020.00 Vernon & Napper 34-02500-010-06 1 2006.67 2006.67 Roxanne Glenn W & Vera Kassube 34-02500-010-11 1 2006.67 2006.67 J Rolland J & Sachs 34-02500-010-12 1 2006.67 2006.67 Dianne F Ruby M Waldow 34-02500-010-25 2 2006.67 4013.33 Ruby Waldow 34-02500-010-28 2 2006.67 4013.33 Elroy E. & Sell 34-02500-010-30 1 2006.67 2006.67 Norma I. Ruby M Waldow 34-02500-010-32 1 2006.67 2006.67 Daniel E & Likness 34-02500-010-34 1 2006.67 2006.67 Debra Regents Of U Of M 34-02500-010-50 11 2006.67 22073.33 Marlin W & Rechtzigei 34-02500-010-75 4 2006.67 8026.67 Joann County of Dakota 34-02500-010-90 1 2006.67 2006.67 Myron E & Ruth Napper 34-02500-011-07 1 2006.67 2006.67 L Dale & Marlys J Helwig 34-02500-011-14 1 2006.67 2006.67 George J Johnson 34-02500-011-29 1 2006.67 2006.67 Kenneth & Angerman 34-02500-012-07 1 2006.67 2006.67 Barbara Rudolph K & Olson 34-02500-012-14 1 2006.67 2006.67 Mary E Victor A & Wenzel 34-02500-012-29 1 2006.67 2006.67 Bernice Garry G & Kassube 34-02500-020-12 1 2006.67 2006.67 Darlene Victor & Wenzel 34-02500-020-29 1 2006.67 2006.67 Bernice George F & Tompkins 34-02500-020-34 l 2006.67 2006.67 Judith Charles J Young 34-02500-030-29 1 2006.67 2006.67 Victor & Wenzel 34-02500-010-50 5 2006.67 10033.33 Bernice *** Total *** 45 90300.05 4/10/86 CSAH 42 COSTS/FUNDING 4,300 feet Total length of project 170-210 feet ROW width 4 -lane divided Typical road section $ 900,000.00 Total estimatedcost $ 405,000.00 Estimated City share $ 209.30/lineal foot Total per foot cost of CSAR 42 $ 42/11neal foot Residential equivalent cost $ 42/l.f. @ 4,300 feet $180,600 Maximum assessment 10 acre Proposed assessment unit 49 units Maximum estimated assessment units $ 180,600 = 49 $ 3,685 -:Minimum unit assessment rate Assessment options that some cities have used in conjunction with county road projects 2 -lane county roads 75% of REQ* 4 -lane divided 50% of REQ 75% of REQ on CR 38 $ 281,925 or $ 2,170/unit 50% of REQ on CSAH 42 - $ 90,300 or $ 1,845/unit CR 38 - $ 143,075 MSA & other funds CSAH 42 - $ 314,700 MSA & other funds *REQ - Residential Equivalent �1;-r a ii s1 F 1 jy g TO: MAYOR & CITY COUNCIL Pill 01' t l l FROM: DEAN JOHNSON, DIRECTOR OF PLANNING & BUILDING DATE: APRIL 11, 1986 SUBJ COUNTY ROAD 42 PROJECT/COUNTY ROAD ASSESSMENT OPTIONS Attached is a quick glance outline of the particulars on the CSAH 42 project, from CSAH 71 to TH 52. Also attached is the similar outline for the CR 38 project. As we have touched on earlier, the CSAH 42 project is rather cost intensive. If any assessments are based upon residential street equivalent costs, the total cost of the county project is not relevant to those being assessed. The City obviously has to account for all costs not assessed to area properties. CSAH 42 is located in the Agriculture zoning district. The surrounding area is designated Agriculture in the Comprehensive Guide P1 -an. The maximum development density in the Agriculture district is one home per 10 acres. For this reason, the proposed assessment unit size is 10 acres. We propose the assessment area to be one-half mile either side of CSAH 42. Because CR 38 is one-half mile to the north of CSAH 42, the boundary to the north would actually be one-quarter mile from CSAH 42. Based upon the number of parcels and total acreage involved, there are an estimated maximum of 49 assessment units. This includes one unit for any parcel 10 acres or less. One problem, not unlike the Apple Valley Golf Course on CR 38, is the University of Minnesota property. The U of M owns 110-115 acres in the assessment area, or 11 assessment units. -If the U of M fails to participate, there would be two likely options: the City picks up 11 units or the total assessment is spread over 38 units. On the CSAH 42 cost outline, we've illustrated another funding option, or assessment policy option, which some cities have used. The policy essentially recognizes a difference (even if only a perceived difference) in county roads versus local roads. A 25% credit or reduction is applied against the cost of the residential equivalent street for two-lane county roads and a 50% reduction on four -lane divided roads. This follows the argument that there is benefit provided beyond area residents, and for that matter, beyond the City. If this policy were implemented by the City, it would certainly ease the pain in assessing county road projects. At the same time, it increases the City's participation, whether using MSA funds or general revenues. There are certainly arguments to be made that the entire tax paying public could be exposed to county road improvements. While no City funds are presently budgetted for county projects, monies could be set aside and shifted; i.e., City CIP and Council Designated. Another option could be that some of the liquor store sale proceeds go into a road fund. Fortunately, we don't anticipate a lot of county projects after the 186 and 187 projects are completed. I submit this information for discussion and review only. Nothing has been presented for staff review or comment at this time. I make no representation of anyone else's comments or concerns at this time. PUBLIC NOTICE NOTICE OF PUBLIC NEARING ON IMPROVEMENTS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount, Minnesota, will meet at 7:30 o'clock p.m., Tuesday, April 22, 1986, in the Council Chambers of the City Hall of the City of Rosemount, 1367 - 145th Street East, to consider the following improvements Reconstruction (widening) of Dakota County Road 42 between County Road 71 and State Trunk Highway 52. The total estimated cost of said improvement is $900,000. The amount to be assessed is estimated to not exceed $400,000. The area proposed to be assessed for the foregoing improvements would generally be all that area in Section 25, one-half mile either side of the east -west centerline of said section between County Road 71 and Highway 52, 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 opinions will be considered. Dated this 10th day of April, 1986. BY ORDER OF THE CITY COUNCIL. Administrator%Clerk City of Rosemount Dakota County, Minnesota ,AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Notice of Hering en /re"oW Asommonf TO WHOM IT MAY CONCERN: NOTICE iS HEREBY GiVEN, that the' Rosemount City- Council will meet at 0:00' STATE OF MINNESOTA p.m. or as soon thereafter as possible on September 15 191r7 at the SS �M RosemountCity' n County of Dakota ) Hail, 2trl5145th Strict Westin Rosemount to pass upon the proposed assessment for the reconstruction (widening) of Dakota County Road 42 between County Road 71 and State Trunk Highway 52. The following is the area proposed to be assessed: Generally all that area to �ecuon 25, one-; half mile either side of the east -west centerline of said section between County; NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorised agent and Road 71 and Highway 52, whether abutting thereon or not. employee of the publisher of the newspaper known as Dakota County Tribune, and hos full knowledge The proposed assessment roll is on file for public inspection at the city clerk's office.: of the facts which are stated below: The total amount of the proposed assessment is $90,100,00. Written or oral objections will. bcf considered at the meeting. No appeal may be taken as to the amount c assessment unless a signed., written objection is filed (A) The newspaper has complied with all of the requirements constituting qualification as a legal with the clerk prior to the hearing or presented to the presiding officer at the newspaper, as provided by Minnesota Statute 331 A.02,331 A.07 and otherapplicable laws, as amended. hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an ad- journed meeting upon such further notice to (8) The printed the affected property owners as it deems ad- visable. 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 byI calling witnesses who may testify by nar- rative or by examination, and by the in troduction of exhibits. After each witness' has testified, the contesting .pally willwill be allowed In ask questions. This procedure which is attached was tut from the columns of said newspaper, and was printed and published once 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 each week, for successive weeks; if was present such testimony as the objector desires. The same procedure for questioning of the city's witnesses will be followed wite)-� �� the objectors witnesses. first published on Thursday, the—", day of 1. The objector may be represented by counsel, 4. Minnesota rules of evidence will not he � strictly applied: however, they maybe con- 19 and was thereafter printed and published an every Thursday to and including sidered and m•garld to the council as to the "eight of items of evidence or testimony presented to the council. J7 �l \ 5. The entire proceedings will be (aped- Thursday, t r (C,t k �� �'�� C C recorded. r, he___ day of C' If ,19; 0. At the close of presentation of evidence. t he objector may makea figqaI presentation and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby In the council based on the ebidence and the - law. No new evidence may he presented at acknowledged as being the size and kind of type used in the composition and publication of the notice: (his point An owner may appeal an assessment to abcdefghijklmnopgrstuvwxyz district court pursuant to Minnesota Slatutes Section 429:001 by serving notice of the ap- �cilhrn i0 days after thecadkptiontof the � f p y y assessment and filingsuch notice with the BY: drslrrei court within ten days after service utxm the mayor or clerk. TITLE: Secretaryfisher /� Tooled this 231h day of August, 1907, l BY ORDER OF TNN CITY couNCtL. t. STET HAN .)iLK C/ Adminisirator/Cterk Subscribed and sworn to before me this City or Rosemount Dakhla County. Minnesota 244) N-27 Notary Public PPP 0 CAnOL J. HAVERLAND Ff„ A-1 ? NOTARY PUBLIC — MINNESOTA DAKOTA COUNTY ' fly Commission Expires Dec. 3. 198"9 �I (Pll t/ Q 2875 -145TH ST W. �—)[: ) 0s ROSEMOUNT. MINNESOTA 55068 ( Oun 612-423-4411 AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE CITY OF ROSEMOUNT ) Stephan Jilk, 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 September 1, 1987, acting on behalf of the -said City, I posted at the City Miall, 2875 145th Street West, and deposited in the United States Post Office of Rosemount, Minnesota, copies of the attached notice of public hearing regarding reconstruction of Dakota County Road 42 between County 71 and State Trunk Highway 52, 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. Steph n Jilk Administrator/C rk City of Rosemount' Dakota County, Minnesota Subscribed and sworn to before me this /.� T day of September, 1987. Not y Publi n nrlrvv�nnnrinnnnnnrv�,N.rJ.n.++nnr✓v�nnr� �+ Fwd L r A,l IV Tel G7?a' t - f1VVV"+'v�!`:'Y1MVL1�Nk�ft+1,^,fJJb`\`A'.NV'J'.^.rt•+ - L� Jed, 14 Record# PIN LOTOBLK LNAME FNAME ADDRESS CITY ST 21P UNIT RATE AMOUNT 1 34-02500-010-01 0 0 Ozment Dennis D & Gayle 3275 145th St. E Rosemount Mn 55068 0 0.00 0.00 2 34-02500-010-02 0 0 Dunn Elizabeth J 6348 Red Fox Lane Edina Mn 55436 0 0`.00 0.00 3 34-02500-010-06 0 0 Napper Vernon & Roxanne 3405 145th St. E. Rosemount Mn 55068 0 0.00 0.00 4 34-02500-010-11 0 0 Kassube Glenn W & Vera J 31,47 145th St. E. Rosemount Mn 55068 0 0.00 0.00 5 34-02500-010-12 0 0 Sachs Rolland J & Dianne F 3155 145th St. E. Rosemount Mn 55608 0 0.00 0.00 6 34-02500-010-25 0 0 Waldow Ruby M 3110 140th St. E. Rosemount Mn 55068 0 0.00 0.00 7 34-02500-010-28 0 O Waldow Ruby 3110 140th St. E. Rosemount Mn 55068 0 0.00 0.00 8 34-02500-010-30 0 0 Sell Elroy E. & Norma 1. 2975 145th St. E. Rosemount Mn 55068 0 0.00 0.00 9 34-02500-010-32 0 0 Waldow Ruby M 3110 140th St. E. Rosemount Mn 55068 0 0.00 0.00 10 34-02500-010-34 0 0 Likness Daniel E & Debra 4665 145th St. E. Rosemount Mn 55068 0 0.00 0.00 11 34-02500-010-35 0 0 Refining Co. Koch Box 2256 Wichita Ks 67201 0 0.00 0.00 12 34-02500-010-36 0 0 Bohn Gordon K & Carolyn 12725 Dory Ln. Apple Valley Mn 55124 0 0.00 0.00 13 34-02500-010-50 0 0 Of U Of M Regents Rm 348 Elliott Hall U r Mn Mpls Mn 55455 0 0.00 0.00 14 34-02500-010-75 0 0 Rechtzigei Marlin W & Joann 14727 Clayton Ave E. Rosemount Mn 55068 0 0.00 0.00 15 34-02500-010-90 0 0 Visnovec Leroy J 3270 145th St. E. Rosemount Mn 55068 0 0.00 0.00 16 34-02500-011-07 0 0 Napper Myron E & Ruth L 3381 145th St. E. Rosemount Mn 55068 0 0.00 0.00 17 34-02500-011-14 0 0 Helwig Dale & Marlys J 8851 Barcardi Ave W. Inver Grove Hts Mn 55075 0 0.00 0.00 18 34-02500-011-29 0 0 Johnson George J 2765 145th St E. Rosemount Mn 55068 0 0.00 0.00 19 34-02500-012-07 0 0 Angerman Kenneth & Barbara 2205 Forest St. Hastings Mn 55033 0 0.00 0.00 20 34-02500-012-14 0 0 Olson Rudolph K & Mary E 12790 Dory Ave Apple Valley Mn 55124 0 0,00 0.00 21 34-02500-012-29 0 0 Wenzel Victor A & Bernice 2829 145th St. Rosemount Mn 55068 0 0.00 0.00 22 34-02500-020-12 0 0 Kassube Garry G & Darlene 3151 145th St. E. Rosemount Mn 55068 0 0.00 0.00 23 34-02500-020-29 0 0 Wenzel Victor & Bernice 2829 145th St. E. Rosemount MN 55068 0 0.00 0.00 24 34-02500-020-34 0 0 Tompkins George F & Judith 4685 145th St. E. Rosemount Mn 55068 0 0.00 0.00 25 34-02500-030-29 0 0 Young Charles J 360 Larpenteur Ave W. St. Paul Mn 55117 0 0.00 0.00