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File #: RES PH 16-386    Version:
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 11/2/2016
Title: Ratifying the assessment costs for the 2016 Right-of-Way Maintenance Program and 2016 Above-Standard Lighting Operation and Maintenance Program for properties appealed by Mark Rutzick at 75 PLATO BOULEVARD WEST and 185 PLATO BOULEVARD WEST. (File No. 16ROW FINAL2, Assessment No. 16032B)
Sponsors: Rebecca Noecker
Ward: Right of Way Maintenance Assessment, Ward - 2
Attachments: 1. John Hoeschler.Response for Above-Standard Lighting districts and rates (LMoser).10-18-16, 2. Hoeschler Summary of Objections 10-14-16, 3. 16ROW FINAL2 Assmt 16032B_75 PLATO BOULEVARD WEST, 4. 16ROW FINAL2 Assmt 16032B_75 PLATO BLVD W_06-28-22-43-0002, 5. 16ROW FINAL2 Assmt 16032B_185 PLATO BOULEVARD WEST, 6. 16ROW FINAL2 Assmt 16032B_185 PLATO BLVD W_06-28-22-43-0006, 7. Memo to LHO re 2016 ROW hearings (CSisk, CAO), 8. Hoeschler -Moermond.Email.10-24-16, 9. Classification of Streets, 10. John Hoeschler.Email Response to Mr. Hoeschler's Request for Street Designations & Request Map (JSpah).10-14-16, 11. Skally email.pdf
Related files: RES PH 16-287

Title

Ratifying the assessment costs for the 2016 Right-of-Way Maintenance Program and 2016 Above-Standard Lighting Operation and Maintenance Program for properties appealed by Mark Rutzick at 75 PLATO BOULEVARD WEST and 185 PLATO BOULEVARD WEST. (File No. 16ROW FINAL2, Assessment No. 16032B)

 

Hearing Date(s)

Date of Hearing:                     10/14/16

Time of Hearing:                     1:00 PM

Date of Council Public Hearing PH:  10/5/16 & 11/2/16

 

Tax Assessment Worksheet

Appellant/Owner:   Mark Rutzick

 

PIN/PINS:  

75 PLATO BOULEVARD WEST

06-28-22-41-0023 (W2)

75 PLATO BOULEVARD WEST

06-28-22-43-0002 (W2)

185 PLATO BOULEVARD WEST

06-28-22-43-0006 (W2)

185 PLATO BOULEVARD WEST

06-28-22-43-0007 (W2)

 

 

Body

WHEREAS, on October 5, 2016, the City Council adopted Council File RES PH 16-287 which ratified the assessments roll for 2016 services in the 2016 Right-of-Way Maintenance Program and 2016 Above-Standard Lighting Operation and Maintenance Program; and

 

WHEREAS, the Council received all written objections from property owners, either before the hearing or at the hearing, and directed the city clerk to make a record thereof and remove those properties from the assessment roll (“remaining properties”) for separate consideration; and

 

WHEREAS, the Council directed that the remaining properties be laid over from the October 5, 2016 public hearing for separate hearings to consider individual objections, and to return to the Council on November 2, 2016; and

 

WHEREAS, the Council ratified the assessments roll for those parcels for which property owners did not object, and ratified the balance of the assessment roll; and

 

WHEREAS, Council File RES PH 16-287 also directed the Legislative Hearing Officer to receive written and oral submissions regarding the remaining properties from the affected property owners, city officials, and other witnesses regarding any non-constitutional objections to the proposed assessment; and

 

WHEREAS, the Legislative Hearing Officer has the authority to make factual determinations regarding the non-constitutional objections for each proposed assessment and consult with the City Attorney to determine whether an objection is a constitutional objection; and

 

WHEREAS, on October 14, 2016, the Legislative Hearing Officer conducted a hearing regarding the appeal for Mark Rutzick at 75 PLATO BOULEVARD WEST and 185 PLATO BOULEVARD WEST and appellant's representative, Mr. Jack Hoeschler, was granted the opportunity to present oral or written testimony and evidence to support their objections to the proposed assessments; and

 

WHEREAS, oral testimony and documentation regarding the assessment were provided by City staff; and

 

WHEREAS, the Legislative Hearing Officer made the following determination(s) and recommendation:

 

                     Appellant did not provide any written, oral testimony or material evidence regarding non-constitutional objections to support a reduction or deletion of the assessments;

                     No factual basis was established for modifying the proposed assessments; and therefore the Legislative Hearing Officer is,

                     Recommending ratification of assessments; Now, Therefore, Be It

 

RESOLVED, that pursuant to Minnesota Statute 429, the determination(s) and recommendation enumerated above are adopted by the Council and said assessments are hereby ratified as proposed and made a part of the assessment roll as ratified by Council File RES PH 16-287; and be it finally

 

RESOLVED, that the service charges shall be collected using the procedures set forth in Minn. Stat. Sections 429.061 and 429.071, and any appeals shall be made to the district court pursuant to Minn. Stat. Section 429.081.

 

Date NameDistrictOpinionCommentAction
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