HomeMy WebLinkAbout8. County Road 42 (CR71 to TH52) Assessment Hearingt.
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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.
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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
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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