Imp. Proj. #354
NOTICE OF HE~~RING ON THE CREATION OF A STORI\I SE\VER
II\1PROVElvIENT TAX DISTRICT, STORl\l SE\'lER Il\IPROVEl\IENT
NO. 354 (BASSETT CREEK FLOOD CONTROL PROJECT)
New Hope, l\Iinnesota
To all O\vners of all property \vithin the District described below:
NOTICE IS HEREBY. GIVEN by the City Council of the City of Ne\v Hope, ~'Iinnesota, that a public hearing \viTI
be held at 7: 00 o'clock P .IvI. on Tuesday, the 29th day of iVlay, 1979, for the purpose of considering the creation of a
Storm Se\ver Improvement Tax District pursuant to !\Iinnesota Statutes, Section s 444.17 and Chapter 429 (the District) ,
and the making of storm sevier improvements 'within the area to be included in the District a
The general nature of the storm se\ver improvements consists of acquiring, constructing, reconstructing,
extending, maintaining and improving storm seVw~er systems and related facilities \\~ithin the District and acquiring,
constructing, maintaining and improving for the benefit of the area \vithin the District storm ,vater holding areas and
ponds within and \vithout the corporate limits of the City of New Hope (the Improvements) .
The area of the City of New Hope to be included ,vithin the District and proposed to be taxed or assessed for the
Improvements is described as:
Premises in the State of l\Iinnesota, County of Hennepin, City of Nev{ Hope in Tovvnship 118, Range 21, \Vest, described
as being \vithin the follo\ving described boundary:
Beginning at the south quarter corner of Section 20; thence northerly 2,320 feet::. to the South line of the N 1/2 of the
NE 1/4 of the S\V 1/4; thence \'10sterly 1,295 feet::. to the \'lest right-of-1Nay line of the 1\Iinncapolis, Northficld and
Southern Railroad; thence southf!rly 992 feet:::. to the North line of the S\\' 1/4 of the S\V 1/4; thence \vesterly 3 J 888
fect + to the S\V corner of the N\V 1/4 of the SE 1/4 of Section 19; thence: northerly 1,986 feet + alan g the centerline of
Sect~n 19 to the North line of the S 1/2 of the S\V ] /4 of the NE 1/4; thence easterly 1,305 feet:: to the \Vest line' of the
E 1/2 of the ~E 1/4; thence northerly 1,330 feet + to the South line of the i': 1/2 of the NE 1/4 of the NE 1/4; thence
easterly 1,310 icet + to the East U!;e of Section 19; thence southerly 1,99 O' + along the East line to the \,'est qunrtcr corner
of Section 20; thence easterly GS5 feet ~ to the East line of the ",,' 1/2 of the ~\' 1/4 of the N\V 1/4; thence northerly 1,325
feet to the South 1 ine of the ~! 1/2 of the Xl,'.' 1;' 4.; thence enstcrly 1,320 feet ~ to the \\'est line of the E 1/2 of the NE 1/4
of the N\\~ 1/4; thence northcl.ly 1,325 feet:. to the ~~orth line oi Section 20; thence cnstcrly 6 GO feet ~ to the South
quarter corner of ScctiGn 17; thence narthcl'ly clang the centerline oi section to the center of Section 17; thence v;csterly
268 .15 fect; thence southerl:,r 30 feet to the ?:orth....'est corner of Lot 1 J Dlock 7 , Gw;..'nnco 2nd :\.ddi tion; thence south\vesterly
78.68 feet to the ~~ \\' corner of Lot 1, Dlock 3, GVlynnco 2nd i\ddition; thence south~"lesterly G;; feet to the N\".r corner of
Lot 2, Block 3, G\..~ynnco 2nd i\ddition; thence southv;esterly G5 feet to the 1\\\~ corner of Lot 3, Dlock 3, GViynnco 2nd
Addition; thence south\\~csterly 65 feet to the l-;\V corner of Lot 4 I Dlock 3, Gv;ynnco 2nd Addition; thence soutlnvestcrl:y
70 feet to the N\V corner of Lot 5, Block 3, G"..,rynnco 2nd Addition; thcllce south\vesterly 70 feet to the N\V corner of Lot 6,
Block 3, G\\"ynnco 2nd i\ddition; thence soutlnvesterly 55 feet to the NE corner of Lot 7, Block 3, G\'w"ynnco 2nd Addition;
thence southv.;esterly 55 feet to the NE corner of Lot 8, Block 3, Gwynnco 2nd Addition; thence southv:estcrly 55 feet to
the NE corner of Lot g, Blocl~ 3, G\\"ynnco 2nd Addition; thence south\'~~esterly 60 feet to the NE corner of Lot 10, Bloc}.: 3,
G\vynnco 2nd Addition; thence south"westerly 60 feet to the NE corncr of Lot 11, Block 3, GVlynnco 2nd Addition; thence
soutl1'westerly 68 feet to the KE corner of Lot 12, Block 3, Gv..~ynnco 2nd Addition; thence southwesterly 70 fect to the
NE corner of Lot 13, Block 3, G\vynnco 2nd ..-\ddition; thence south\';esterly 70. 82 feet to the NE corner of Lot 2, Block 4,
GVlynnco Addition; thence soutl1\vesterly 120.71 feet to the N\V corner of Lot 2 J Block 4, GVlynnco Addition; thence
south\vesterly 60 feet to the NE corner of Lot 9,. Block 1 , Gwynnco Addition; thence southw.esterly 176.1 ft. to the
N\V corner of Lot 9, Block J , Gv;ynnco Addition; thence vlesterly -105 feet to the 'Vest right of vIray line of the
Ivlinneapolis, Northfield and Southern Railroad; thence 833030' \V 840 feet + to a point on the South line of the NV'l 1/4
of the S\V 1/4, 850 .19 feet East of the \\~est line of Section 17; thence Vlcsteriy 400 feet along the South line of the N\V 1/4
of the S\V 1/4; thence north\\. esterly 685 feet:: to a point on the \Vest line of Section 17 1,842.48 feet North of the south,,'est
corner of Section 17; thence North 789.38 feet to the 'West quarter corner of Section 17; thence \Vest along the centerline
of Section 18 1,440 feet +; thence N"orth 590 East 240 feet +; thence North 340 East 110 feet +; thence North 76 0 '\~est 450 feet
:!: to a point on the South-line of the N\V 1/4 of the NE 1/4 ,-Section 18; thence northerly 12S-feet :::. to the south\vest corner of
Lot 14, Block 3, Sandra Terrace .A.ddition; thence northerly 887 . 97 feet to the southeast corner of Lot 2, Block 3, Sandra
Terrace Addition; thence v:esterly 37 .68 feet to the south\vest corner of Lot 2, Block 3, Sand~a Ter~ace Addition; thence
northeasterly 123..08 feet to the north\vest corner of Lot 2, Block 3, Sandra Terrace Addition; thence north\vesterly 280
feet + to the northeast corner of Lot I, Block 2, Sandra Terrace Addition; thence v:esterly 130.01 feet to the north\vest
corner of Lot 1, Block 2, Sandra Terrace .A.ddition; thence southerly 4. 78 .42 feet to the southeast corner of Lot 24, Block 2,
Sandra Terrace Addition; thence \vesterly 130 feet to the south\\rest corner of Lot .24, Block 2; thence south\vesterly 145
feet:: to the southeast corner of Lot 7, Block 1, l\Iidv:estern Properties A.ddition; thence \vesterly 253.59 feet to the
northeast corner of Lot 8, Block 1, Ridgevie\v Addition; thence southerly 544.27 feet to the centerline of County Road 9;
thence \vesterly 1.015 feet ~ along the centerline of County Road 9 to the East line of the N\V 1/4 of the N\V 1/4 of Section 18;
thence northerly along the East line of the Nl'V 1/4 of the N\V 1/4 of Section 18; 660 feet:!:. to the South line of the North
463.50 feet of the N\V 1/4 of the N\\1 1/4; thence \vesterly along the South line of the North 463.5 feet of the NlY 1/4 of the
NW' 1/4 478 feet +; thence northerly 337 feet + to the southeast corner of Lot 13, Block 2, Gettysburg Hills Addition; thence
northeasterly 138 .13 feet to the northeast cOl:ner of Lot 13, Block 2, Gettysburg Hills Addition; thence vlestcrly 12.4
feet:. to the southeast corner of Lot 5, Bloclc 6 J Hillsborough i\Ianor Addition t Section 7; thence northerly 130.28 feet to
the northeast corner of Lot 5, Bloc}.;: 6, Hillsborough l\1anor P...ddition; thence ,';estel'ly 68.6 feet:::. to the north\vest corner
of Lot 5, Block 6, Billsborough l\Ianor Addition; thence north'westerly 68.6 feet:. to the north'west corner of Lot 6, Block 6,
Hillsborough 1V1ano1' Addition; thence northwesterly 71.2 feet + to the nOl'th\vest corner of Lot 7 f Block 6, Hillsborough
!vIanor ,Addition; thence north\,~resterly 116.1 feet + to the nortfnvest corner of Lot 8, Block 6, ilillsborough ?danor Addi tion;
thence \vesterly 130 .18 feet to the north,,'est corner of Lot 9, Block 6 I Hillsborough l\'Ianor Addition; thence \\'estcrly 60
feet!. to the northeast corner of Lot 11, DIock 4 J Hillsborough l\Ianor A.ddition; thence 'westerly 210 feet:::. to the 'Vest line
of Section 7; thence southerly 225 feet:!:. to the north'west corner of Section 18; thence southerly along the \Vest line of
Section 18 2,660.96 feet to the \Yest quarter corner of Section 18; thence southerly along the \\~est line of Section 18 to
2 ,660 feet to the north,vest corner of Section 19; thence southerly along the \Vest line of Section 19 2,657.34 reet to the
Vvest quarter corner of Section 19; thence southerly along the 'Vest line of Section 19, 2,650.86 feet to the south\\~est
corner of Section 19; thence easterly along the South line of Section 19, 2,676.41 feet to the South quarter corner of
Section 19; thence ea::;terly along the South line of Section 19, 2,592.418 feet to the south\vest corner of Sectio:"l 28; thence
easterly along the South line of Section 20 J 2,589. 89 feet to the South quarter corner of Section 20 and there terminating.
The totul estimated cost of the NeVI Hope shure of the Improvcrnents is $177 ,800.
The cost of the Improvements is proposed to be recovered by the levy of an ad valorem tax on all taxable property
'within the District pursuant to l\Iinnesota Statutes J Section s 444.20. Such ad valorem tax shall be collected and paid
over as other ad valorem taxes on taxable property \vithin the District J for the years and in the arr:ounts required to pay
all bonds issued to finance the Irnprovements, \vith interest thereon. flo\,{ever, in the event that the Improvements are
ordered and contracted to be made, the City "till reserve its jurisdiction to levy and collect special assessments upon
all benefited property \\Tithin the District, under and pursuant to IVlinnesota Statutes, Chapter 429 , to the extent that,
for \vhatever reason J the amount of the tax validly levied, extended and collected, is insufficient to pay the principal
of and interest on the bonds.
Such persons as desire to be heard \vith reference to the creation of the District and the making of the Imprcvements
,vill be heard at this meeting.
Dated the 23rd day of April, 1979.
BY.ORDER OF THE CiTY COUNCIL
/s/ Betty Pouliot
City Clerk-Treasurer
- 2 -
B~J' R~f 11~ f1 ,(/~, !Jnc.
e~9 C~
_ 2335 'kI. ~~~ c#~ 36
Gt p~ JH~ 5511$
P~~~g 636-4600
01/0 G. Bonestrool P.E.
Rober' lV. Rosene. P.E.
Joseph C. Anderlik. P.E.
Bradford A. Lemberg. P.E.
Robert D. Frigaard, P.E.
Richard E. Turner, P.E.
James C. Olson, P.E.
Lawrence F. Feldsien. P.E.
Glenn R. Cookl P.E.
Keilh A. Gordon, F.E.
Thomas E. Noyes. F.E.
Richard W. Fosler. P.E.
Robert G. Schunich/, P.E.
J,farvin L. Sorra/a. P.E.
Donald C. Burgardt. P.E.
Kenneth R. hIeister, P.E.
Charles A. Erickson
Leo hi. Pawelsky
Harlall Jrf. Olson
Preliminary Report on
Bassett Creek Flood Control
Improvement Project No. 354
New Hope, Minnesota
l-Iay 15, 1979
SCOPE: This project provides for the construction of storm sewer improvements
along Bassett Creek in accordance with the January 1979 preliminary report pre-
pared by Barr Engineering Company and titled I'Feasibility of Constructing im-
provements for flood control in Golden Valley and Crystal.II The construction
project will be completed by the Bassett Creek Flood Control Commission with
the cost being shared by all communities in the Bassett Creek Watersheda
FEASIBILITY AND RECO~~lliNDATIONS: The project is feasible as outlined herein
and is in accordance with the Bassett Creek Watershed Report and the overall
Storm Sewer Plan for the City of New Hopea
DISCUSSION: The proposed project will provide for the construction of improve-
ments along the main stem and the North Branch of Bassett Creek as shown on
Figure I. The project scope, cost estimates, arid cost distribution bettoJeen
corrrrnunities is outlined in the Engineering Report attached as Appendix "A" at
the back of this report.
The cost distribution within the City of New Hope is
proposed to be completed in accordance with adopted assessment procedures. The
area benefiting from the proposed improvement is shown on Figure II at the back
of this report.
The construction project is expected to begin in September of 1979 with
eighty percent
of New Hope's cost share being due at that time.
Fa ge 1.
ASSESSMENT: The property in New Hope which is proposed to be assessed for the
improvement is all in the Bassett Creek Drainage District. The assessment rate
is based on Land Use with a runoff factor being assigned to each Land Use type.
The standard City policy is to assess multiple residential property at 1.5 times
the residential rate and commercial and industrial property at 2.0 times the
residential rate.
The breakdown of the Bassett Creek drainage area by zoning classification is as
follows:
Area
Runoff Factor
Single Family Residential
Multiple Family Residential
Commercial & Industrial
544 Acres
51 Acres
169 Acres
1.0
1.5
2.0
The New Hope cost share of the improvement project is estimated at
$123,500 for construction upstream of T.H. 100 along the Bassett Creek Main stem
and the North Branch, and $31,150 for construction of the main conduit in the
City of Minneapolis. The total New Hope cost share for construction is esti-
mated at $154,650.
The total project cost for the City of New Hope is as follows:
Construction Cost $154,600
Legal, Eng., Admin./
Capital Interest 35,600
TOTAL 0........ 0 . . . . . . . . . . . . . $190,200
The standard City policy in storm sewer projects is that the City picks
up 30 percent of the project cost. The following is a breakdown of the proj-
ect costs and the proposed assessment rate:
Total Cost
City Share
Amount to Be Assessed
Cost/sq.ft. (residential)
Cost/Avg. Residential Lot
Page 2.
$190,200
57,060
133,140
0.0032
$32.00
The feasibility of establishing a tax district for purposes of cost dis-
tribution was also reviewed but did not have any benefits over our present
method of storm sewer assessment.
AREA TO BE ASSESSED: The area to be assessed is as shown on Figure II. The
property to be assessed lies within the following described area:
swl of the SW~, Section 7, TlIS, R21W, Hennepin County, Minnesota
S~ of the SW%, Section 17, Tl18, R21W, Hennepin County, Minnesota
Section 18, Tl18, R21W, Hennepin County, Minnesota
Section 19, Tl18, R21W, Hennepin County, Minnesota
W~ of Section 20, Tl18, R21W, Hennepin County, Minnesota
CONCLUSIONS: The storm sewer improvements along the Bassett Creek main stream
and the North Branch will provide capacity in the creek for the 100 year return
frequency storm. The project can be assessed under Minnesota Statute 429 or a
special tax district can be formed in accordance with Minnesota Statute 444.
It is recommended that a fiscal and legal review be made prior to a public
hearing.
I hereby certify that this report was prepared by
me or under my direct supervision and that I am a
duly Registered Professional Engineer under the
laws of the State of Minnesota.
A~,:e~
Glenn R. Cook
Date: April 9, 1979
Reg. No. 9451
Page 3.
APPENDIX "A"
REPORT TO THE BASSETT CREEK FLOOD CONTROL CO~~fISSION
Feasibility of Constructing Improv~ments
For Flood Control
in
Golden Valley and Crystal
January, 1979
BARR ENGINEERING CO.
REPORT TO THE B4\SSETT CREEK FLOOD CONTROL CO~1}IISSIO}l
FEASIBILITY OF CONSTRUCTING I~~ROVEMENTS
FOR FLOOD CONTROL IN GOLDEN VALLEY AND CRYSTAL
January, 1979
General
(
Investigations conducted by the Bassett Creek Flood Control Commission
and the St. Paul District Corps of Engineers have verified the potential
for severe flood problems in the Bassett Creek \~atershed. Recent flooding
in the watershed occurred on July 5th and 6th, 1978, as a result of an
intense summer rainstorm. Residents in Golden Valley along the main stem
of Bassett Creek, between Golden Valley Road and Highway 100, and the
residents in Crystal along the North Branch of Bassett Creek between Georgia
Avenue and Louisiana Avenue incurred substantial economic loss as a result
of that storm. The United States Army Corps of Engineers' flood control
plan for Bassett Creek has in concept been found acceptable by the Bassett
Creek Flood Control Commission and the nine communities which participate
in the Commission.
(
Based upon their flood control feasibility report, the U. S. Amy..
Corps of Engineers received funding authorization from the u.s. Congress
in October, 1978, for advanced design studies and construction of the pro-
posed flood control plan and a plan for the desicin studies is being prepared.
At the present time, it is estimated that construction may not be initiated
for three to five years. Because of the length of time before construction
could commence, t:he City of Golden Valley suggested the possibility of
initiating construction now and requesting reimbursement of the Federal
share of the project in accordance with the provisions of Section 173 of the
Water Resources Development Act of 1976.
In response to a resolution adopted by the Golden Valley City Council
in August, 1978, the Bassett Creek Flood Control Commission ordered a report
on the feasibility of constructing flood control improvements which were
proposed by the Corps of Engineers in the reach of Bassett Creek, from
Golden Valley Road to Highway 100. That report was completed in November,
1978, and indicated that construction of the proposed improvements between
Golden Valley Road and Highway 100 would provide only minimal flood protection
for the areas downstream of Highway 100. The report also concluded that the
only economically feasible option for increasing this level of protection
would be to construct most of the upstream flood control works proposed by
the Corps of Engineers.
)
At the December, 1978 meeting of the Bassett Creek Flood Control
Commission, the City of Golden Valley requested that the Commission consider
ordering the construction of improvements proposed by the St. Paul District
Corps of Engineers between Golden Valley Road and Highway 100 along the main
stem of Bassett Creek, and between 29th Avenue and Louisiana Avenue along
the North Branch of Bassett Creek. At that meeting, the Commission adopted
a resolution requesting a preliminary review of the feasibility of constructing
that improvement, a tabulation of the estimated costs of the impro'vement
proposed, and an allocation of those costs among member communities~in
accordance ~ith Commission policieso
Proposed Improvement
The proposed improyement of the main stem of Bassett Creek from Golden
Valley Road to Highway 100 and the proposed improvement of the North Branch
of Bassett Creek from 29th Avenue to Louisiana Avenue includes the following
items:
)
1. New channel crossings at Noble Avenue and Regent Avenue on
the main stem of Bassett Creek, and new channel crossings at
32nd Avenue, Brunswick Avenue, 34th Avenue, Florida Avenue,
Douglas Drive and 36th Avenue on the North Branch of Bassett
Creek.
2. Construction of a flood control structure immediately upstream
of Highway 100 on the main stem of Bassett Creek, the construction
of a flood control structure between Douglas Drive and Florida
Avenue on the l'~orth Branch of Bassett Creek, and the excavation
of a temporary storage area between this flood control structure
and 36th Avenue North.
3. Floodproofing 20 residences along the main stem of Bassett
Creek between Golden Valley Road and West Bend Avenue.
4. Channel improvements downstream of Highway 100, including
the removal of the existing Minnaqua Avenue Bridge.
5. The evacuation of one home in the vicinity of Florida Avenue
and 36th Avenue North.
)
There is one difference in the improvements listed above from those
proposed by the St. Paul District Corps of Engineers in their Feasibility
Report for Flood Control) March, 1976. It is proposed that the residence
upstream of Highway 100, proposed for purchase and evacuation, be flood-
proofed rather than evacuated. Additionally, the possibility of jointly
constructing the flood control structure upstream of Highway 100 with the
Minnesota Department of Transportation plans for the proposed construction
of a frontage road at this location should be investigatei during final
design. All other portions of the proposed improvements, as presented by
the St. Paul District Corps of Engineers after a review of existing
conditions, appear practical and feasible.
Construction of the proposed improvements will provide protection for
residences along the North Branch of Bassett Creek from a flood with a
lOO-year recurrence interval, and flood protection for residences between
Golden Valley Road and Highway 100 against a flood of slightly less than
the lOO-year recurrence interval. Construction of the proposed control
structure do'~stream of Brookview Community Park and the control structure
in the vicinity of Golden Valley Gold Club by the St. Paul District Corp.s
of Engineers at a later date, will upgrade the level of protection for these
areas to provide protection against a flood with a IOO-year recurrence
interval. In addition, until these two control structures are constructed,
the lOO-year flood level in Bassett Creek Park will be slightly higher than
proposed by the St. Paul District Corps of Engineers. That level, estimated
to be approximately elevation 849.2 as compared to the ultimate lOO-year
flood level of elevation 849, can be acco~~oc~-ted without incurring flood
damages.
~!
)
)
Cost Estimates
The costs listed below are updated from estimates prepared by the
St. Paul District Corps of Engineers in their Feasibility Report for Flood
Control, March, 1976. Engineering News Record construction cost index,
and materials cost index for the period October, 1975 through October,
1978 were determined to be 1.25 and 1.40; respectively, and were used to
update costs. The materials cost index was used to update all concrete
construction since its increase since October, 1975 was significantly
influenced by the large increases in the cost of cement. All other con-
struction costs were updated using the construction cost index.
There are two additional changes reflected in these estimates, including
a change in the responsibility for costs requiring developed properties
in the flood storage reservoirs, and a proposed change from acquiring one of
the developed properties to floodproofing the developed property. Comments
from the Corps of Engineers, North Central Division, dated May, 1977
indicated that the costs of relocations in the proposed flood storage areas
were to be included as a local responsibility, rather than a Federal responsi-
bility, as indicated in the original feasibility reporto
The '~t..lmmary of cost sharing for the proposed project was determined
using the procedure adopted by the Flood Control Commission on February 17,
1977. It includes credits for all easements and rights-af-way required for
the project, including credit for all are~s where storage in the floodplain
has increased over existing conditions.
Summary
The proposed plan of improvement for the main stem of Bassett Creek
between Golden Valley Road and Highway 100, and the proposed plan of improve-
ment for the north fork of Bassett Creek was selected after a thorough analysis
of and 'evaluation of all reasonable alternatives for achieving the required
objectives. Existing conditions have not adversely affected the feasibility
of constructing those improvements. Implementation of the proposed improve-
ments would provide flood protection for the North Branch of Bassett Creek
)
/
)
from a flood recurrence interval of 100 years, and for the main stem of
Bassett Creek, downstream of Highway 100, from a flood with a recurrence
interval of nearly 100 years. Significant tangible benefits would result
from the elimination of average annual flood damages in these reaches
estimated to be approximately $110,000. The proposed plan is consist~nt
with the directives of the Joint Fowers Agreement, the policies of the
Watershed Management Plan adopted by the Commission on ~~y 18, 1972, and also
with the resolution ordering the improvement of Bassett Creek which was
adopted by the Commission on May 19, 1977.
COST ESTI}1ATE
(October, 1978 Prices)
Re.locations Federal Share Local Share Total Cost
Floodproofing (20 homes) $147,600 $ 28,000 $ 175,600
Evacuations (1 home) 110,000 110,000
Lands Damages
Land Acquisition 137,500 137,500
Construction Easements 45,000 45,000
Improved Channel Crossin~
) Regent Avenue Crossing 93,800 93,800
/ Noble Avenue Crossing 145,300 145,300
32nd Avenue Crossing 40,800 40,800
Brunswick Avenue Crossing 26,800 26,800
34th Avenue Crossing 22,200 22'0200
Florida Avenue Crossing 152,100 152,100
Douglas Drive Crossing 57,300 57,300
36th - Hampshire 174,800 1 7 L} ~ 80 0
Flood Control Structures
Bassett Creek Park 238,400 238,400
Douglas Drive-Florida Avenue 94,400 94,400
Utility Relocations
Sanitary Sewer 39,600 39,600
Storm Se\Ver 13,900 13,900
'\.Ja ter l'-fain 30,300 30,300
Channel Improvement
Remove Minnaqua Avenue Bridge 10,400 10,400
Channel Excavation 18,000 18,000
Ponding Area Excavation 110,600 110,600
Subtotal 619,400 1,030,000 1,649,400
Contingencies 123,900 206,000 2.0 Z 329,900
Engineering 31,000 51,500 ~7<> 82,500
Supervision and Administration 23,500 39,200 4% 62,700
$797,800 $1,414,100 $2,211,900
.r~ ev" J... i .J .i i I ';i'
Bl\SSETT CH,I.:EK fLOOD CONTROL PROJECT
Sm"l}li\RY OF ESTli'u\.TED LOC.AL COSTS
(October, 1978 Prices)
The local cas t s lis ted belotV' are :Lnc. urred in f ouT." cormuuni. ties -- }-linneapoli s ~
Golden Valley, Plymouth and Crystal. There are no local costs incurred in
Robbinsdale, New Hope, Minnetonl~>> Sto Louis Park, or Medicine Lake. The
cost of road raises in Golden Valley and Crystal and the cost of recreation
facili.ties in t'finneapolj s are cODs:Ldered optional features by the l"fanagement
Plan and are not listed below.
These costs are upd2ted from estimates prepared for the Yea~ibility Report
for Flood Control, U..S. ArrrlY Corps of Etlgineers, St. Paul, District, using
the October) 1975~October~ 1978 Engineering Ne\vs Record, construction cost
index of 1.25 and the materials cost :i.nde:< of 1.400
Two additional charges are .reflected in these local costs including a change
in the responsibility for the costs of acquiring developed properties and a
proposed change from acquiring one of the developed properties to floodproofing
the de1leloped property'. The rfay:; 1977 COITh.l1ents fr01TI ,the Corps of Engineers::
North Ce.ntral Divi.sions indicated that the cost of thes.'~ relocations must be
included as part of the no~-Federal share of the project costs.
rlrSSISSIPPI ItIVER TO GOLDEl~ VALLEY RO:\D
...----------
L2.nd f~cqHisition
Construction Easements
Fill EaS2rncnt s
Sanitn.ry Sewer Helocations
Storm Se\./er H.e.J.ocatioIlS
Wa termain [(210(:2. tions
Cedar Avenue \~iD_g vIall Repair
48" ReF at IIighway 55
$ 9001000
18,800
25,000
118,900
lO~800
6~800
20,000
25,600
GOLDEJ'J \'P~LLEY ROl:.D ~- COUNTY ROAD 18
Land P...cquisition
Constiuc~ion Easements
Westbrook Road Crossing
Regent Avenue Crossing
'Noble Avenue Cross1rlg
Flood Proofing (20% of Estimuted Cost)
$ 16,300
28,800
40,800
93,800
145,300
28,000
COUNTY ROp.J) J8 TO l'fEDICINE LlU'~E ROAD
Construction Ease~e~ts
c. & N~W.R~R. Crossing
$
2,500
12,9'JO
HIGIH~c\Y 100 TO LOUISIAl~A AVENUE
Eva,: UG tions
Land Acquisition
Construction Easements
36th Avenue Crossing
32nd Avenue Crossing
Brunswick Avenue Crossing
34th Avenue Crossing
Florida Avenue Crossing
Dougla~ Drive Crossing
Sanitary Sewer Relocation
Storm Sewer Relocation
Water Main Relocation
$ 110,000
137,500
45,000
87,400
40,800
26,800
22,200
152,100
57,300
39,600
13,900
30,300
SUBTOTAL
$2,257,200
CONTINGENCIES
451,400
(
ENGINEERING
112,900
SUPERVISION AND ADMINISTP~\TION
85,800
TOTAL
$2,907,300
LOCAL COOPE~~TION REQUlRE~ffiNTS FOR PROPOSED
CONSTRUCTION IN 1979-1980
$1,141,100
LOCAL COOPERATION REQUIREMENTS FOR FUTURE
CONSTRUCTION
$1,493,200
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GORRICK & SONDRALL
A PARTNERSHIP OF' PROF'ESSIONAL COR:PORATIONS
LAWYERS
3611 WEST BROADWAY
ROBBINSDALE, MINNESOTA 55422
WILLIAM ..1. CORRICK, ~. A.
STEVEN A. SONDRALL. P. A.
MICHAEL R. LAF"LEUR
MARTIN P. MALECHA
WILLIAM C. STRAIT
TELEPHONE (612) 5 3.3~2241
LEGAL ASSISTANTS
SONORA K. PITTMAN
LAVONNE E. KESKE
March 11, 1987
Mr. Daniel J. Donahue
ci.ty t~anager
City of New Hope
4401 Xylon Avenue No.
Ne~v Hope, MN 55428
RE: Gesthemane Cemetary Assessment Appeal
Our File No. 4612.1
Dear Dan:
Enclosed is a copy of a fully executed Stipulation of Settlement
and Order in the referenced matter for your file. Please call if
you have any questions.
Very truly yours,
<S.. -.'-.~r.f,;
~.t>'t,-,
Steven A. Sondrall
s 2 v.ll
Enclosure
~
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF HENNEPIN
FOURTH JUDICIAL DISTRICT
Court File No. AP86-19485
The Catholic Cemeteries, a
Minnesota Religious Diocesan
Cor l)Or a t ion,
.4P.I) 8 llan t ,
\; S
srrIPULATIC)N OF SE'rrrLEr~1ENT
:\i~DDIS\1ISSAL OF i\PPEAL
FHO\1 ASSESS~\lENT F{)R PUBI~I(~
I \~ P H()\: E \{ ENT
The (~ity or l"~e\v lIt)pe, a.
\~ 1 n ne sot a \1 Ll nil.=: i pal Co r ~) 0 rat i () n I
RC?spcJnclent.
Stipulation !nade this 12th day of ,January, 1987, bet\veen
ApI)ellant, The Catholic Cemeteries (hereinafter "lippellant"), and
FI.8SI)Ondent, The City of l~ew Hope (hereinafter llRespondentl1).
SEcrrrON I
PURPOSE
This Stipulation is made as a complete and final settlement
of Appellant's appeal of that certain special assessment levied by
Respondent against certain parcels of real estate owned by
Appellant, ['~S set f()rth in the l'~otiee of lllppeal from l\ssessment
for Pul)lic I!Tlpr()verncnt filed l)y Al)pellant ~lcrt?in.
SECTIC)N I I
STATEMENT OF DISPUTE
Appellant commenced said appeal from such special assessment
alleging that the assessment was made upon demonstrable mistakes
of law and fact; that the assessment was in an amount in excess of
-
the actual benefits to the property being assessed, the actual
benefit being none; that the properties were exempt from said
assessment, pursuant to Minn. Stat. ~307.09; and that the
assessment constituted.an unconstitutional taking without
compensation.
The Respondent alleged that the assessment was appropriate
and proper in all respects..
The parties have arrived at a compromise and desire to reach
a complete settlement of all matters relating to said appeal.
SECTION III
TERMS OF SETTLEMENT
In consideration of the mutual cOVEnants set forth herein,
the parties stipulate and agree as follows:
1. Appellant agrees to voluntarily make payment to
Respondent of Five Thousand Six Hundred Thirty-four and no/lOa
Dollars ($5,634000) toward the cost of the public improvement for
which the assessment was levied.
2. Respondent agrees that payment of Five Thousand Six
Hundred Thirty-four and no/lOa Dollars ($5,634.00) by Appellant
will constitute the full amount due from Appellant for the portion
of the cemetery property specially benefited by the improvement,
and the special assessment for said improvement will be reduced
from Sixteen Thousand Eight Hundred Thirty-eight and 55/100
Dollars ($16,838.55) to Five Thousand Six Hundred Thirty-four and
no/lOa Dollars ($5,634.00).
-2-
3. The parties agree that Appellant1s position and right to
claim that the entire property comprising Gethsemane Cemetery is
exempt from assessments for local improve1nents, pursuant to Minn.
. S tat. ~ 307 . 0 9, is not a f fee t e d by t his set tIe In e nt, and t hat
Appellant does not waive the right to claim that exemption at any
time in the future as a result of this settlement.
4. Appellant, through its llndersigned attorneys, hereby
withdraws and dismisses the above-entitled action, with prejudice,
and the same may be, and it is hereby, dismissed with prejudice.
It is hereby stipulated that, without further notice, a
judgment of dismissal with prejudice, in accordance with the
foregoing and without costs or disbursements to any of the
parties, may be entered herein.
Dated: January 12, 1987.
MEIER, KENNEDY & QUINN
'-
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-Timothy P/~ Quinn '--
Attorneysf::r Appellant
Suite 43Q/~' Pf~innesota Building
St. Paul, Minnesota 55101
Telephone: 612-228-1911
Attorney I.D. No: 89047
CORRICK AND SONDRALL
S' (i /"'. -
:, /j" c. . t/,,~.
/ ..../. ./ · .~l.. / ./....:"
:0,;,. ..? 7~ ~- l a...-c.-
B~y: . ~/ 1.- '-'-.....,' '
Steven A. Sondrall
Attorneys for Respondent
3811 West Broadway
Rol)binsdale, J\linnesota 55422
,., .J.. J.,. . I D N' ( ,...... , ~ . "":) c: .
H. L. Lor n e y . . .;.' 0: L.. -:-) _:.~ i !
-3-
" ~ ",.""..'11:
ORDER
IT IS ORDERED that judgment be entered in accordance with the
foregoing Stipulation.
Da ted: ~~;A~. L~5": I C, ~ :t
.. 0 j1 t {:' Cj)).. ........' '"T ":'12
.CJ\obez L. ~ L/~{'L
JUDGE OF DISTRICT COURT
-4-
REQUEST FOR COUNCIL ACTION
DATE
TIME
ORIGINATING DEPARTMENT:
Manager
APPROVED FOR AGENDA: AGENDA SECTION:
NO.
1/12/87 CONSENT BUSINESS
BY: Dan Donahue
BY:
ITEM NO.
6.19
RESOLUTION AMENDING ASSESSMENT TO CATHOLIC CEMETERIES IN PROJECT 354
(BASSETT CREEK IMPROVEMENTS)
City staff is recommending that the assessment of $16,838.55 to Catholic
Cemeteries be amended to $5,634.00. After review by the city attorney
and negotiations with Catholic Cemeteries, it has been determined by
staff that the original assessment was not legally supportable.
MOTION BY
nl "'1/1 )
,-yt/ .Lt,~-Ut'JYL-<J 07v'
SECOND BY
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TO : /? /1'/ /~/ J
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GORRICK & SONDRALL
A PARTNERSHIP OF" PROFESSIONAL ASSOCIATIONS
L~.\.WYERS
3811 WEST BROADWAY
ROBBINSDALE, MINNESOT.A 55422
WILLIAM J. CORRICK, P.A.
STEVEN A. SONDRALL, P.A.
MARTIN P. MALECHA
WILLIAM C. STRAIT
TELEPHONE (612) 533-2241
LEGAL ASSISTANTS
SONORA K. PITTMAN
LAVONNE E. KESKE
Dear Dan:
The check I gave you at our luncheon meeting on February 5th for
$5,634.00 is the settlement check in the referenced matter. I
trust that Carol has notified the County that the assessment
against the Cemetery has been reduced to this amount. please
call if you have any questions.
Steve
RESOLUTION NO. ~87- 10
RESOLUTION AMENDING SPECIAL ASSESSMENT
AGAINST GETHSEMANE CEMETERY PROPERTY
FOR STORM SEWER IMPROVEMENT PROJECT NO. 354
(BASSETT CREEK FLOOD CONTROL PROJECT)
BE IT RESOLVED by the City Council of the City of New Hope
as follows:
WHEREAS, Gethsemane Cemetery is a platted and private
cemetery owned and operated by the Catholic Cemeteries, a
Minnesota Religious Corporation. That its property I.D. Number
is 18-118-21 13 0001, and
WHEREAS, the City of New Hope fully assessed the cemetery
property consisting of approximately 80 acres in the amount of
$16,838.55 for its Storm Sewer Improvement project No. 354
(Bassett Creek Flood Control Project) pursuant to its Resolution
No. 86-126-adopted at the October 6, 1986 City Council meeting,
and,
WHEREAS, pursuant to Minn. -Sta t. S307. 09, land which is laid
out, dedicated and presently appropriated and used for cemetery
purposes by a private religious corporation is exempt from
special assessments, however dedicated land for cemetery -purposes
not presently appropriated or used for cemetery purposes remai,ns
subject to special assessments, and .
WHEREAS, the Catholic Cemeteries has filed an objection to
the assessment, and .
WHEREAS, the city~ Council has now determined that a portion
of the cemetery property is entitled to exemption from special
assessments under Minn. Stat. S307.09, and that a portion of the
cernet~ry property is not included in the storm sewer improvement
district assessed under Project No. 354, and
WHEREAS, the Catholic Cemeteries has voluntarily agreed to
pay a portion of the special assessment in the amount of
$5,634.00, and. .
WHEREAS, the City Council has further determined that
payment in the amount of $5,634.00 constitutes the full amount
due from the Catholic Cemeteries as it relates to that portion of
Gethsemane Cemetery specially benefited by Storm Sewer
Improvement Project.No. 354.
1
NOW THEREFORE, BE IT RESOLVED:
1. That the special assessment~against Gethsemane Cemetery
for Storm Sewer Improvement Project No. 354 be reduced from
$16,838.55 to $5,634.00.
2. That the City Manager and his staff are directed to
take appropriate and necessary steps to amend the Hennepin County
assessment roll to reflect the herein reduction.
~~j~fJ~
/// tf~>< Mayor
Attest:
~~') ,i C CY;;. 1/.,',~~..~l.~,V ~J/!c"":""'/ ~ ..:;.tJ....' 'T J ./U' )
C.l,.L,.. l.../{L..-L/ . (; - l- ,!-'L/ :;,... L- ..i--:- ~v
City Clerk
\
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oil
2
GORRICK & SONDRALL
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
LAWYERS
3811 WEST BROADWAY
ROBBINSDALE, MINNESOTA 55422
WILLIAM v. CORRICK. P.A.
STEVEN A. SONDRALL. P.A.
MARTIN P. MALECHA
WILLIAM C. STRAIT
TELEPHONE (612) 533.2241
LEGAL ASSISTANTS
SONORA K. PITTMAN
LAVONNE E. KESKE
January 9, 1986
Mr. Daniel J. Donahue
City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Re: Special Assessment against
Gethsemane Cemetery
Our File No. 4612.1
Dear Dan:
Enclosed is the Resolution amending the assessment against
Gethsemane Cemetery for the Bassett Creek project.
Please bear in mind that the City has not made any compromises if
it accepts this reduction. The $5,634.00 assessment is the total
amount due based on our Engineer and Appraiser reports
establishing highest and best use for cemetery property not
currently used for burial purposes.
Very truly yours,
Steven A. Sondrall
k2fl
Ene.
cc: William J. Corrick, Esq.
GORRICK & SONDRALL
A PARTNERSHIP OF PROFESSIONAL. ASSOCIATIONS
LAWYERS
3811 WEST BROADWAY
ROBBINSDALE, MINNESOTA 55422
WILLIAM ,J. CORRICK. P. A.
STEVEN A. SON DRALL. P. A.
MARTIN P. MALECHA
WILLIAM C. STRAIT
TELEPHONE (612) 533-2241
LEGAL ASSISTANTS
SONORA K. PITTMAN
LAVONNE E. KESKE
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GORRICK & SONDRALL
A PARTNERSHIP OF" PROFESSIONAL ASSOCIATIONS
L...~WYERS
3811 WEST BROADWAY
ROBBINSDALE, 1vIINNESOTA. 55422
WILLIAM J. CORRICK. P.A.
STEVEN A. SONDRALL. P.A.
MARTIN P. MALECHA
WILLIAM C. STRAIT
TELEPHONE (612) 533-2241
LEGAL ASSISTANTS
SONORA K. PITTMAN
LAVONNE E. KESKE
October 3, 1986
Mr. Daniel J. Donahue
city Manager
city of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Re: Gethsemane Cemetery Assessment
for Bassett Creek
Dear Dan:
After reviewing the facts of the cemetery assessment it is our
opinion the proposed $16,838.55 assessment is not legally supportable.
The cemetery was charged the commercial rate of .004832 per
square foot on its total area of 3,484,800 square feet. The
commercial rate is used if a land use generates more run-off than
a residential use and if the market value is increased in an
amount not less than the proposed assessment. In the case of the
cemetery it is arguable that the commercial rate is not
appropriate since it is quite possible less run-off is generated
from cemetery than residential or commercial use. We would like
an opinion from an appraiser before we can make a recommendation
regarding the appropriateness of this rate.
Also, Mark Hanson informs me that part of the cemetery drains to
the Shingle Creek district. It is my understanding that 43% or
1,491,059 square feet of the cemetery drains to Shingle Creek.
We would be hard pressed to convince a Court that this area of
the cemetery is benefited by the Bassett Creek improvement.
Therefore, the assessment amount will need to be reduced and
recalculated based on the square footage draining only into
Bassett Creek.
Mr. Daniel J. Donahue
Page Two
October 3, 1986
Nor has the cemetery's statutory exe~ption been figured into the
assessment calculation. The portion of the cemetery used for
burials is exempt from the taxation and special assessments.
Currently, we are in the process of determining the extent of
property entitled to this exemption which is located in the
Bassett Creek district. This will also result in a recommendation
for a reduction of the assessment amount.
For the October 6th public hearing we recommend that the
assessment roll be adopted as presented with the understanding
that the cemetery assessment may be reduced based on a negotiated
settlement or through litigation. We would also like authority
to e~ploy Brad Bjorklund for the purpose of establishing the
extent to which the storm sewer improvement has benefited the
fair market value of the cemetery property, and for his
recoffilllendation as an appraiser as to the appropriate rate
classification.
Please contact me if you have any further questions.
Very truly yours,
~;' r.."'..~,. .... ...... ..,
~;.
.c-7....~
steven A. Sondrall
k2t2
cc: Wiliam J. Corrick, Esq.
REQUEST FOR COUNCIL ACTION
DATE
TIME
ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: AGENDA SECTION:
Administrative Services 10/6/86 NO. PUBLIC HEARING
BY:
Carol Carlson
BY:
f
ITEM NO.
7.2
PUBLIC HEARING ON ASSESSMENT OF IMPROVEMENT PROJECT NO. 354 - BASSETT CREEK
WATERSHED
The City Council held a public hearing on the assessment of 354 on September
22, 1986, and took action tabling the assessment to October 6, 1986, at
7:00 p.m. or as soon after as the matter could be heard. The property
owners I concerns were referred to staff.
MOTION BY ":;(l:i~2__{',,Cl
//
SEe 0 N D BY (:JZL",t-;2/j:;~/
~'
TO : ('I {::t/(~/L)/( /"~_i;/ _.\/ (}-{./(/i/,::",'-->/iL., /' <f/6~~ _. /(~;" !~~~ (/2//'2 c~(.. (f?:~ - /<>,) r;7'
RESOLUTION NO. 86-126
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR
STORM SEWER (BASSETT CREEK FLOOD CONTROL PROJECT)
IMPROVEMENT NO. 354
BE IT RESOLVED by the City Council of the City of Ne\-/ Hope, Minnesota-, as
fo 11 ows :
1. That the amount proper and necessary to be specifically assessed at this.
time for Storm Sewer Improvement No .354 agai nst every
assessable lot, piece or parcel of land affected thereby has been duly calculated
upon the basis of benefits in accordance with the provisions of Minnesota Statutes,
Chapter 429, and notice has been duly published as required by law, that this Coun-
cil would meet to hear, consider and pass upon all objections, if any, and said
proposed assessment has at all times since its filing been open for public inspec-
tion, and opportunity has been given to all interested persons to present their
objections, if any, to such proposed assessment.
2. This Council, having heard and considered all objections so presented and
being fully advised in the premises, finds that each of the lots, parcels and pieces
of land enumerated in the proposed assessment was and is' specially benefited by the
construction of said improvement in not less than the amount of the assessment set
opposite each lot, piece and parcel of land respectively, and such amount so set
out is hereby levied against each of the respective lots, pieces and parcels of
land therein described, and that the market value of each such parcel is increased
in an amount not less than the amount of the assessment.
3. The proposed assessments are hereby adopted and confirmed as the proper
special assessments for each of the said lots, pieces and parcels of land, respec-
tively, and the assessment ,against each parcel, together with interest of
per annum accruing on the full amount thereof from time to time unpaid, shall be a
lien concurrent with general taxes upon such parcel and all thereof. The total
amount of each such assessment shall be payable in equal annual principal install-
. ments extending over a period of 1 yearft, the first of said installments,
together with interest on the entire assessment from the date thereof to December
31, 19 87 , to be payab 1 e wi th genera 1 taxes payab 1 e i n 19 87 , and one of each of
the remaining installments, together with one year's interest on that and all other
unpaid installments, to be payable with general taxes for each consecutive year
thereafter until the entire assessment is paid.
4. Prior to certification of the assessments to the County Auditor, the owner
of any lot, piece or parcel of land assessed hereby may at any time pay the whole
of such assessment, with interest to the date of payment, to the City Treasurer,
but no interest shall be charged if such payment is made within thirty days after
the date of this resolution.
5. The City Clerk shall, as soon as may be~ prepare and transmit to
the County Auditor a certified duplicate of the assessment roll, with each
installment and interest on each unpaid assessment set forth separately, to
be extended upon the proper tax list of the County, and the County Auditor
shall thereafter collect said assessment in the manner provided by lav/.
Dated the 6th.._day of
October.
, 1 9 86 ..
,---;:1.:'_ c7'~ "
~::rjj~~~ ~~.<>)
a;1(1Y 0 r ..~,.--
ATTEST:
(tl-/'t-cU/ t '
City Clerk
(SEAL)
PIO NO.
ASSESSMENT: $
ASSESSMENT HEARING NOTICE FOR
STORM SEWER IMPROVEMENT
NO. 354
(BASSETT CREEK FLOOD CONTROL PROJECT)
NOTICE IS HEREBY given that the Council of the. City of New Hope will meet at the City
Hall, 4401 Xylon Avenue North, on" Monday, the 22nd day of September, 1986 at 7:00 p.m.,
or as soon thereafter as the matter may be heard, to hear, consider and pass upon all
written or oral objections, if any, to the proposed assessments for the public improve-
ment of the City described in the caption and hereinafter. The proposed assessment
'rolls are now on file in the office of the city clerk and are open to public inspec-
.tion by all persons interested.
The general nature of the storm sewer improvement consisted of acquiring,
constructing, reconstructing, extending, maintaining and improving storm
sewer systems and related facilities within the district and acquiring,
constructing, maintaining and improving for the benefit of the area within
the district storm water building areas and ponds within and without the
corporate limits of the City of New Hope.
The area proposed to be assessed includes your property, identified above. A
map showing the entire area to be assessed ;s on file and may be viewed at the
office of the city clerk. The proposed assessment roll is on file for public
inspection with the city clerk.
Written or oral objections will be considered at the meeting, and the Council may
consider any objection to the amount of the proposed individual assessment at an.
adjourned meeting upon such further notice to the affected property owners as it
deems advisable.
No appeal may be taken as to the amount of any individual assessment unless a written
objection signed by the ~ffected property owner is filed with the city clerk prior to
the assessment hearing or presented to the presiding officer at the hearing. An
owner may appeal an assessment to district court pursuant to Minnesota Statutes,
Sec. 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.
The City has no ordinance permitting the deferment of the levy of special assessments
on a hardship basis for citizens age 65 or over, as authorized in M.S. 435.193
through 435.195.
This assessment(s) may -be paid without interest by making full payment to the City
Treasurer at any time on or before October 21,1986, or within 30 days from the
adoption of the assessment roll.
If the assessment is put on your taxes, it is anticipated that the Council will
elect to have it spread in five equal annual installments over five years
with interest to be determined by Council resolution. The first installment
will bear interest on the total assessment from date of the resolution levying
said assessment to December 31, 1987. The first installment will be collected
with the real property taxes payable in 1987.
BY ORDER OF THE CITY COUNCIL
CITY OF NEW HOPE
RESOLUTION NO. 86-127
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR
STORM SEWER (BASSETT CREEK FLOOD CONTROL PROJECT)
IMPROVEMENT NO. 354-A
BE IT RESOLVED by the City Council of the City of New Hope, Minnesota., as
follows:
1. That the amount proper and necessary to be specifically assessed at this.
time for Storm Sewer Improvement No. 354-A against every
assessable lot, piece or parcel of land affected thereby has been duly calculated
upon the basis of benefits in accordance with the provisions of Minnesota Statutes,
Chapter 429, and notice has been duly published as required by law, that this Coun-
cil would meet to hear, consider and pass upon all objections, if any, and said
proposed assessment has at all times since its filing been open for public inspec-
tion, and opportunity has been given to all interested persons to present their
objections, if any, to such proposed assessment.
2. This Council, having heard and considered all objections so presented and
being fully advised in the premises, finds that each of the lots, parcels and pieces
of land enumerated in the proposed assessment was and is. specially benefited by the
construction of said improvement in not less than the amount of the assessment set
opposite each lot, piece and parcel of land respectively, and such amount so set
out is hereby levied against each of the respective lots, pieces and parcels of
land therein described, and that the market value of each such parcel is increased
in an amount not less than the amount of the assessment.
3. The proposed assessments are hereby adopted and confirmed as the .proper
special assessments for each of the said lots, pieces and parcels of land, respec-
tively, and the assessment against each parcel, together with interest of
per annum accruing on the full amount thereof from time to time unpaid, shall be a
lien concurrent with general taxes upon such parcel and all thereof. The total
amount of each such assessment shall be payable in equal annual principal instal1-
. ments extending over a period of 5 years, the first of said installments,
together with interest on the entire assessment from the date thereof to December
31,19 87 , to be payable with general taxes payable in 19 87 , and one of each of
the remaining installments, together with one yearls interest on that and all other
unpaid installments, to be payable with general taxes for each consecutive year
thereafter until the entire assessment is paid.
4. Prior to certification of the assessments to the County Auditor, the owner
of any lot, piece or parcel of land assessed hereby may at any time pay the whole
of such assessment, with interest to the date of payment, to the City Treasurer~
but no interest shall be charged if such payment is made within thirty days after
the date of this resolution.
5. The City Clerk shall, as soon as may be~ prepare and transmit to
the County Auditor a certified duplicate of the assessrnent }"oll, \vith each
installment and interest on each unpaid assessment set forth separately, to
be extended upon thG proper~ tax list of the County, and the County Auditor
shall thereafter collect said assessment in the manner provided by lavl.
Dated the 6th day of
October.
, 1 9 86 . .
~ ~f7' e
t aY:~'~~~
ATTEST:
/;
{fft/LiLt
City Clerk
(SEAL)
PIO NO.
ASSESSMENT: S
ASSESSMENT HEARING NOTICE FOR
STORM SEWER IMPROVEMENT
NO. 3 54 - ,t I
(BASSETT CREEK FLOOD CONTROL PROJECT)
NOTICE IS HEREBY given that the Council of the City of New Hope will meet at the City
Hall, 4401 Xylon Avenue North, on" r~onday, the 22nd day of September, 1986 at 7:00 p.m.,
or as soon thereafter as the matter may be heard, to hear, consider and pass upon all
written or oral objections, if any, to the proposed assessments for the public improve-
ment of the City described in the caption and hereinafter. The proposed assessment
'rolls are now.on file in the office of the city clerk and are open to public inspec-
.tion by all persons interested.
The general nature of the storm sewer improvement consisted of acqulrlng,
constructing, reconstructing, extending, maintaining and improving storm
sewer systems and related facilities within the district and acquiring,
constructing, maintaining and improving for the benefit of the area within
the district storm water building areas and ponds within and without the
corporate limits of the City of New Hope.
The area proposed to be assessed includes your property, identified above. A
map showing the entire area to be assessed is on file and may be viewed at the
office of the city clerk. The proposed assessment roll is on file for public
inspection with the city clerk.
Written or oral objections will be considered at the meeting, and the Council may
consider any objection to the amount of the proposed individual assessment at an'
adjourned meeting upon such further notice to the affected property owners as it
deems advisable.
No appeal may be taken as to the amount of any individual assessment unless a written
objection signed by the ~ffected property owner is filed with the city clerk prior to
the assessment hearing or presented to the presiding officer at the hearing. An
owner may appeal an assessment to district court pursuant to Minnesota Statutes,
Sec. 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.
The City has no ordinance permitting the deferment of the levy of special assessments
on a hardship basis for citizens age 65 or over, as authorized in M.S. 435.193
through 435.195.
This assessment(s) may te paid without interest by making full payment to the City
Treasurer at any time on or before October 21,1986, or within 30 days from the
adoption of the assessment roll. .
If the assessment is put on your taxes, it is anticipated that the Council will
elect to have it spread in five equal annual installments over five years
with interest to be determined by Council resolution. The first installment
will bear interest on the total assessment from date of the resolution levying
said assessment to December 31, 1987. The first installment will be collected
with the real property taxes payable in 1987.
BY ORDER OF THE CITY COUNCIL
CITY OF NEW HOPE
MEIER, KENNEDY Be QUINN
Attorneys at Law
WILLIAM C. MEIER (1920 .. 1981)
ALOIS D. KENNEDY, JR.
TIMOTHY P. QUINN
ANDREW J. EISENZIMMER
LEO H. DEHL.ER
THOMAS 8. WIESER
NANCY GOERING REILLY
SUITE 430. MINNESOTA BUILDING
SAINT PAUL, MINNESOTA 55101..1183
(612) 228..191 1
September 22, 1986
Honorable City Council
City of New Hope
4401 Xylan Avenue North
New Hope, Minnesota
Re: Storm Sewer Improvement No. 354
Bassett Creek Flood Control Project
(Gethsemane Cemetery)
Dear Council Members:
The Catholic Cemeteries, owner of Gethsemane Cemetery, respect-
fully objects to the assessment proposed to be levied against the
real estate comprising Gethsemane Cemetery for the Bassett Creek
Flood Control Project, the hearing for which is set for September
22, 1986, at 7:00 p.m. The objection is based on the exempt
status of the cemetery property and the lack of benefits to the
property from the project.
Yours very truly,
MEIER, KENNEDY & QUINN
Timoth P. Quinn
Attar eys for The Catholic
Cemeteries, Owner of Gethsemane
Cemetery
TPQ:lic
REQUEST FOR COUNCIL ACTION
DATE
TIME
BY: Carol Carlson
BY:
~/'
I
AGENDA SECTION:
NO.
Public Hearing
ITEM NO.
7.1
ORIGINATING DEPARTMENT: APPROVED FOR AGENDA:
Adminstrative Services 9/22/86
PUBLIC HEARING - ON ASSESSMENT OF IMPROVEMENT PROJECT NO. 354 - BASSETT CREEK
WATERSHED
The City Council on August 11, 1986, scheduled a public hearing on Improvement
Project No. 354. Notices were mailed to approximately 2,500 affected
property owners. The project was ordered on May 29, 1979, at a total cost
of $190,200, of this the City's share is $57,060, the assessable amount is
$133,140. The average cost per residential property owner is $30.00 and
staff recommends a one-year assessment. Assessments on commercial property
average $300.00 and the recommendation is a five-year assessment. The
interest rate is recommended at eleven percent.
MOTION BY
a~rv
SECOND BY
aic'Ltcr
(/
TO:
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RESOLUTION NO. 86- 94
RESOLUTION DETERMINING TOTAL COST AND DIRECTING CITY CLERK TO
PREPARE ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT NO. 354
(BASS)3ETT CREEK FLOOD CONTROL PROJECT) AND PUBLISH NOTICE SETTI~JG
PUBLIC HEARING TO CONSIDER SPECIAL ASSESSMENTS TO BENEFITED PROPERTY
BE IT RESOLVED, by the Council of City of New Hope, Minnesota:
WHEREAS, the New Hope City Council did, after hearing upon notice
published and mailed as required by law, on May 29, 1979,
order construction of storm sewer Improvement No. 354; and
WHEREAS, the total cost of the project is $190,200; and
WHEREAS, Minnesota Statutes Section 429.061 requires that a proposed
assessment roll shall be prepared by the City Clerk with
the assistance of the City Engineer and made available for
public inspection, and that this Council shall consider
said assessment roll at a public hearing after giving
proper notice to the affected property owners.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of New
Hope as follows:
1. That it is hereby determined that the total cost to be
assessed is as hereinafter set forth:
Total Cost
City Share
Amount to be Assessed
$190,200
$ 57,060
$133,140
2. That the City Clerk, with such engineering and legal
assistance as shall be required, shall tabulate the
entire amount to be assessed for the improvement
against every assessable tract, piece or parcel
benefited by the making of such improvement, in
accordance with provisions of Minnesota Statutes, and
shall file a copy of such proposed assessment in the
Clerk's office for public inspection.
3. That the Ci ty Clerl< is directed to publ ish in the New
Hope - Golden Valley Post the attached Notice setting a
public hearing on September 22, 1986, to consider the
proposed assessment roll.
4. That the City Clerk is directed to mail notice of said
public hearing to all owners of benefited property set
forth in the proposed assessment roll.
Dated this 11th day of August, 1986.
~~~J
/' t/ Mayor
ATTEST:
/1 ~ t:
./ :..d/-rA-{,. /. ./t{h~~LU
City Clerk
RESOLUTION NO. 86- 94
RESOLUTION DETERMINING TOTAL COST AND DIRECTING CITY CLERK TO
PREPARE ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT NO. 354
(BASSEETT CREEK FLOOD CONTROL PROJECT) AND PUBLISH NOTICE SETTING
PUBLIC HEARING TO CONSIDER SPECIAL ASSESSMENTS TO BENEFITED PROPERTY
BE IT RESOLVED, by the Council of City of New Hope, Minnesota:
WHEREAS, the New Hope City Council did, after hearing upon notice
published and mailed as required by law, on May 29, 1979,
order construction of storm sewer Improvement No. 354; and
WHEREAS, the total cost of the project is $190,200; and
WHEREAS, Minnesota Statutes Section 429.061 requires that a proposed
assessment roll shall be prepared by the City Clerk with
the assistance of the City Engineer and made available for
public inspection, and that this Council shall consider
said assessment roll at a public hearing after giving
proper notice to the affected property owners.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of New
Hope as follows:
1. That it is hereby determined that the total cost to be
assessed is as hereinafter set forth:
Total Cost
City Share
Amount to be Assessed
$190,200
$ 57,060
$133,140
2. That the City Clerk, with such engineering and legal
assistance as shall be required, shall tabulate the
entire amount to be assessed for the improvement
against every assessable tract, piece or parcel
benefited by the making of such improvement, in
accordance with provisions of Minnesota Statutes, and
shall file a copy of such proposed assessment in the
Clerk1s office for public inspection.
3. That the City Clerk is directed to publish in the New
Hope - Golden Valley Post the attached Notice setting a
public hearing on September 22, 1986, to consider the
proposed assessment roll.
4. That the City Clerk is directed to mail notice of said
public hearing to all owners of benefited property set
forth in the proposed assessment roll.
Dated this 11th day of August, 1986.
L~GSJ
/' #' Mayor
ATTEST:
1 ~
/lA4-l '6- ~U-~U
City Clerk
REQUEST FOR COUNCIL ACTION
DATE
TIME
BY:
ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: AGENDA SECTION:
NO.
Administrative 8/11/86
Servi ces Consent
Carol Carlson BY: jJ'J., ITEM NO.
! 6.10
Resolution Determining total cost and directing the City Clerk to prepare an
Assessment Roll for Storm Sewer Improvement Project No. 354 and Publish Notice
setting a public hearing to consider Special Assessments to benefited property.
Staff is recommending a special assessment hearing be held on September 22,
1986 at 7:00 p.m. on the storm sewer improvement for the Bassett Creek
Watershed area within the City of New Hope. The estimated cost of the
project is $190,200.
MOTION BY
attL~
SECOND BY r;/n./'A/
TO: (] d.L)-!J/t J21!xJ.-f}lfil W':--/'J .f2;, - 9 t/
(/
NOTICE OF PUBLIC HEARING ON ASSESSMENTS
FOR STORM SEWER IMPROVEMENT NO. 354
(BASSETT CREEK FLOOD CONTROL PROJECT)
1 - NOTICE IS HEREBY GIVEN that the Council of the City of New Hope will meet at City Hall, 4401 Xylon
Avenue North, on Monday, the 22nd day of September, 1986, at 7:00 p.m., or as soon thereafter as the matter
may be heard, to h:ar~ consider and pass upon all written or oral objections, if any, to the proposed assess-
ments for the publlC lm~rov:ment of t~e City desc~ibed in the caption and hereinafter. The proposed assess-
~nt rolls are now on flle 1n the offlce of the Clty clerk and are open to public inspection by all persons
lnterested.
. Writ~e~ or oral .objections~ if. any, to the proposed assessm~nt will be considered at this meeting,
an~ the Councl~ .may conslder any obJectlons to the amount of the proposed individual assessment at an
adJourned rneetlng upon such further notice to the affected property owners as it deems advisable.
The entire amount assessed against any parcel of land will be payable unless prepaid in one annual
installment to be payable with interest on the entire assessment from the date of the resolution levying
said assessment to December 31,1987, except that no interest will be charged if the entire assessment as to
any parcel is paid at the office of the City Clerk within thirty days from the date of the adoption of the
assessment roll. The interest rate shall be determined by Council resolution.
2. The general nature of the improvement consis~dof acquiring, constructing, reconstructing, extending,
maintaining and improving storm sewer systems and related facilities within the District and acquiring,
constructing, maintaining and improving for the benefit of the area within the District storm water holding
areas and ponds within and without the corporate limits of the City of New Hope (the improvements).
3. The area proposed to be assessed ;5 as follows:
Premises in the State of Minnesota~ County of Hennepin, City of New Hope in Township 118, Range 21, described
as being within the following described boundary:
Beginning at the SE corner of the SW~ of Section 20; thence northerly 2~325 feet + to the South line of the
N~ of the NE~ of the SW~, thence westerly 1,295 feet ~ to the west right-of-way llne of the Minneapolis,
Northfield & Southern Railroad; thence southerly 992 feet t to the North line of the SW~ of the S~~; thence westerly
3,888 feet t to the SW corner of the NW~ of the SE~ of Section 19; thence northerly 1 ,985 feet ~ along the center-
line of Section 19 to the North line of the S~ of the SW~ of the NE~; thence easterly 1,305 feet + to the Hest line
of the E!2 of the NE~; thence northerly 1.330 feet + to the South line of the N~ of the NE~ of thej~E~; thence
easterly 1,310 feet + to the East line of Section 19; thence southerly 1,990 ft + along the East line to the Hest
quarter corner of Section 20; thence easterly 655 feet + to the East line of the-~'/~ of the s~lr~ of the m~!~; thence
northerly 1,325 feet to the South line of the N~ of the-NW~; thence easterly 1,320 feet ~ to the West line of the
E~ of the NE~ of the NVPE; thence northerly 1,325 feet + to the North line of Section 20; thence easterly 660 feet +
to the SE corner of the S\4~ of Section 17; thence northerly along the centerline of section to center of Section 17;
thence westerly 268.15+; thence southerly 30 feet to the NW corner of Lot 1, Block 7, Gwynnco 2nd Addition; thence
southwesterly 78.68 to-the NW corner of Lot 1, Block 3, Gwynnco 2nd Addition; thence southwesterly 65 feet to the
NW corner of Lot 2, Block 3, Gwynnco 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 3, Block 3,
Gwynnco 2nd Addition; thence south\~esterly 65 feet to the NW corner of Lot 4, Block 3, Gwynnco 2nd Addition; thence
southwesterly 70 feet to the NW corner of Lot 5, Block 3, Gwynnco 2nd Addition; thence southwesterly 70 feet to the
NW corner of Lot 6, Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to the NE corner of Lot 7, Block 3,
Gwynnco 2nd Addition; thence southwesterly 55 feet to the NE corner of Lot 8, Block 3, Gwynnco 2nd Addition; thence
southwesterly 55 feet to the NE corner of Lot 9, Block 3, Gwynnco 2nd Addition; thence south\vesterly 60 feet to the
NE corner of Lot 10, Block 3, Gwynnco 2nd Addition; thence southwesterly 60 feet to the NE corner of Lot 11, Block 3,
Gwynnco 2nd Addition; thence southwesterly 68 feet to the NE corner of Lot 12, Block 3, Gwynnco 2nd Addition; thence
southwesterly 70 feet to the NE corner of Lot 13, Block 3, Gwynnco 2nd Addition thence southwesterly 70.82 feet
to the NE corner of Lot 2, 810ck 4, G\'Iynn co Addi ti on; thence southwester ly 120. 71 feet to the Nt~ corner of Lot 2,
Block 4, Gwynnco Addition; thence southwesterly 60 feet to the NE corner of Lot 9, Block 1, Gwynnco Addition; thence
southwesterly 176.1 feet to the NW corner of Lot 9, Block 1, Gwynnco Addition; thence westerly 105 feet to the West
right-of-way line of the Minneapolis, Northfield & Southern Railroad, thence south to the SE corner of the N\~
of S~~ of Section 17, thence westerly 1,302.19 feet to the SW corner of the NW~ of S~F4 of SH~ of Section 17; thence
North to the center line of County Road 9;thence westerly to a point on the center line of County Road 9, 30 feet
south of the westerly line of Lot 14, Block 3, Sandra Terrace; thence northerly to the SE corner of Lot 2,
Block 3, Sandra Terrace Addition; thence westerly 37.68 feet to the SW corner of Lot 2, Block 3, Sandra
Terrace Addition; thence northeasterly 123.08 feet to the NW corner of Lot 2, Block 3, Sandra Terrace Addi-
tion; thence northwesterly 280 feet + to the NE corner of Lot 1, Block 2, Sandra Terrace Addition; thence
westerly 130.01 feet to the NW- corner of Lot 1, Block 2, Sandra Terrace Addition; thence southerly 478.42
feet to the SE cornerof Lot 24, Block 2, Sandra Terrace Addition; thence westerly 130 feet to the S~~ corner of Lot
24, Block 2; thence southwesterly 145 feet ~ to the SE corner of Lot 7, Block 1, Midwestern Properties Addition;
thence westerly 253.59+ feet to the NE corner of Lot 8, Block 1, Ridgeview Addition; thence southerly 544.27 feet+
to the centerline of County Road 9; thence westerly 1,015 feet ~ along the center line of County Road 9 to the east
1 i ne of the NH~ of the ~H..n4 or Sect ion 18; thence norther ly along the eas t 1 i ne of the NW1E of the N~f.i or Sect ion 18;
660 feet + to the south line of the North 463.50 feet of the NW~ or the NW~; thence westerly along the south line
of the North 463.50 feet of the NW~ or the N~E, Section 18; 768 feet ~ to the western most point of Lot 5, Block 1,
Gettysburg Hills; thence easterly along Independence Avenue North 179.26 feet thence northerly along the center line
of Indeoendence Avenue North to the SE corner of Lot 13, Block 2, Gettysburg Hills; thence northeasterly 138.13
feet to'the NE corner of Lot 13, Block 2, Gettysburg Hills Addition; thence westerly 12.4 feet: to the SE corner
~:\
of Lot 5, Block 6, Hillsborough Manor Addition, Section 7; thence northerly 130.28 feet to the NE corner of
Lot 5, Block 6, Hillsborough Manor Addition; thence westerly 68.6 feet + to the NW corner of Lot 5, Block 6,
Hillsborough Manor Addition; thence northwesterly 68.6 feet ~ to the NW-corner of Lot 6, Block 6, Hillsborough
Manor Addition; thence northwesterly 71.2 feet ~ to the NW corner of Lot 7, Block 6, Hillsborough Manor Addi-
tion; thence northwesterly 116a1 feet ~ to the NW corner of Lot 8, Block 6, Hillsborough Manor Addition; thence
westerly 130a18 feet + to the NW corner of Lot 9, Block 6, Hillsborough Manor Addition; thence northwesterly to
the NE corner of south 54 feet of Lot 9, Block 4, Hillsborough Manor Addition; thence westerly 210 feet ~ to
the west line of Section 7 ; thence southerly 380 feet + to the NW corner of Section 18; thence southerly along
the west City of New Hope boundary to the southwest corner of Section 19; thence easterly along the south City
of New Hope boundary to the SE corner of the S\~ of Section 20(point of beginning) and there terminating.
4. The total amount of the proposed assessment is $ 190,200.00.
5a The area proposed to be assessed for the making of the improvements stated in paragraph 3, above, shall
include all of the lots and parcels: (a) abutting the streets as platted in the plats or (b) within or abutting
tracts of land described abovea
.........~.
6a No appeal may be taken as to the amount of any individual assessment unless a written objection signed
by the affected property owner is filed with the city clerk prior to the assessment hearing or presented to the
presiding officer at the hearing.
7. An owner may appeal an assessment to District Court pursuant to Minnesota statutes, Seca 429.081 by
serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assess-
ment and filing such notice with the district court within ten days after service upon the mayor or clerk.
8. The City has no ordinance permitting the deferment of the levy of special assessments on a hardship
basis for citizens age 65 or over, as authorized in M.S.435.193 through 436.195.
Dated thi s 11 th day of August
, 1986.
1/. . v' Ii.,) u.'
r.:.tDlt-tLL cZ. Wv ~i.-i-V-LU
Carol E. Carlson, City Clerk
Ci ty of Ne\"l Hope
(Published in the New-Hope Golden Valley Post September 4, 1986.)
.\.
Jblisher of the newspaper kno.....m as the NEW
: AND GOLDEN VALLEY, and has full knowl.
uting qualification as a qualified ne\vspaper, as
, as amended.
Q~~JA-~~' .~~
for
lnd ....;as thereafter printed and published on every
,19_,
h inclusive, which is hereby acknowledged as be-
=- notice:
;)ij
Oated thi 5 ~day of
~ ! --
S~ '...:J
(Line)
S ~ </ / ~:r
(Line)
(Pub 1 i shed in the New-Hope Golden Va 11 ey Pos t
;?
"J
CERTIFICATE
CITY OF NEW HOPE
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) S5
CITY OF NEW HOPE )
I, the undersigned being the duly qualified City Clerk of
the City of New Hope, Minnesota, hereby attest and certify that:
1. As such officer, I have th~ legal custody of the
original record from which the attached resolution was
transcribed and a photocopy of the Special Assessment
Certification Roll adopted by the said resolution.
2.
I have carefully compared
the original record of
resolution was acted upon.
the attached resolution with
the meeting at which the
3. I find the attached resolution to be a true, correct
and complete copy of the original
RESOLUTION NO. 86-126
RESOLUTION ADOPTING
STORM SEWER (BASSETT
IMPROVEMENT NO. 354
AND CONFIRMING
CREEK FLOOD
ASSESSMENTS FOR
CONTROL PROJECT)
4 .
I further
resolution
abstention.
certify
was
that the
5 ayes, 0
affirmative vote on said
nayes, and 0 absent/
5. Said meeting was duly held, pursuant to call and notice
thereof, as required by law, and a quorum was present.
WITNESS my hand officially as such Clerk and the seal of
said City, this 20th day of October, 1986.
~ "'../' ~.. .~ I
".,", ,1/ /."'..;'> f /' 1- / ..4 /LL-L/
.../tv &()-L L'i .?l/""["....,\1- L...
Carol E. Carlson
City Clerk
" ...~
.
.
.
.
.
.
.
.
.
.
.
.
.
.
I
I
I
I
I
RESOLUTION NO. 86-126
RESOLUTION ADOPTING AND CONFIRHING ASSESS;.1ENTS FOR
STORr'1 SEt.fER (BASSETT CREEK FLOOD CONTROL PROJECT)
Ir1PROVEJ'lENT NO. 354
BE IT RESOLVED by the City Council of the City of Ne\./ Hope, l1innesota, as
fa 11 ows :
1. That the amount proper and necessary to be specifically assessed at this
time for Storm Se\'/er Improvement No .354 aga i ns t every
assessable lot, piece or parcel of land affected thereoy nas been duly calculated
upon the basis of benefits in accordance with th€ provisions of Minnesota Statutes,
Chapter 429, and notice has been duly published as required by law, that this Coun-
cil would meet to hear, consider and pass upon all objections, if any, and said
proposed assessment has at all times since its filing been open for public inspec-
tion, and opportunity has been given to all interes~ed persons to present their
objections, if any, to such proposed assessment.
2. This Council, having heard and considered all objections so presented and
being fully advised in the premises, finds that each of the lots, parcels and pieces
of land enumerated in the proposed assessment was and is specially benefited by the
construction of said improvement in not less than the amount of the assessment set
opposite each lot, piece and parcel of land respectively, and such amount so set
out is hereby levied against each of the respective lots, pieces and parcels of
land therein described, and that the market value of each such parcel is increased
in an amount not less than the amount of the assessment.
3. The proposed assessments are hereby adopted and confirmed as the proper
special assessments for each of the said lots, pieces and parcels of land, respec-
tively, and the assessment against each parcel, together with interest of 11%
per annum accruing on the full amount thereof from time to time unpaid, shall be a
lien concurrent with general taxes upon such parcel and all thereof. The total
amount of each such assessment shall be payable in equal annual principal install-
. ments extending over a period of 1 year,t;, the first of said installments,
together with interest on the entire assessment from the date thereof to December
31, 19 87 , to be payable with general taxes payable in 19 87 , and one of each of
the remaining installments, together with one year's inter~on that and all other
unpaid installments, to be payable with general taxes for each consecutive year
thereafter until the entire assessment is paid.
4. Prior to certification of the assessments to the Coun~ Auditor, the owner
of a~ lot, piece or parcel of land assessed hereby may at any time pay the whole
of such assessment, with interest to the date of payment, to the City Treasurer,
but no interest shall be charged if such payment is made within thirty days after
the date of this resolution.
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5. The City Clerk shall, as Soon as may be, prepare and transmit to
the County Auditor a certified duplicate of the assessment "all, I-lith each
installment and interest on each unpaid asseSS1~ent set forth separat~ly, to
be extended upon the proper tax list of the County, and the County Auditor
shall thereafter collect said assessment in the manner provided ~ law.
Dated the ~:__day of
October.
, 1 9 86
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ATTEST:
(!~u(,~ t. (jL,Y~ ~j
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8
S\\'ENSO~, BJORKLlfND & ~~SSOCIATES, INC.
HARVEY G. S\VE~SO:\. \1.A.1. RE~L ESTATE APPRA.ISERS: CONSULTA~'\TS
6100 GREE~ VALLEY DRIVE
BRAD BJORKLUN D. \1.A.1.. S.R.E.A. rv1E\~EAPOLlS. \lINNESOTA 55438
(612) 830-9003
October 30, 1936
Steve Sondrall
Attorney ar. LatlJ
CORRICK & SONDRALL
3811 West Broadway
RObbinsdale, MN 55422
RE: Gethsemane Cemetery
Special Assessment Rate
OUR FILE NUMBER 86346
Dear tvlr. Sandrall:
I have reviewed your letter and request for an interpretation of
special assessment policy regarding the above-captioned property
and herewith provide you with my opinion as to the various rates
which should be applied.
On Monday, October 27, 1986, I personally examined all Gethsemane
Cemetery from its interior street improvements and from all
perimeter street areas. Attached photographs depict property from
several perspectives. I had in hand a copy of the City Engineer's
map showing the portion of the cemetery that drains into Bassett
Creek. The engineer has reported that about 57% of the entire
property of 3,484,000 sq. ft. is in the Bassett Creek drainage area.
This equates to cemetery land of 2,438,800 sq. ft.
Of the 2,438,800 sq. ft. in Bassett Creek drainage area, 30% of that
is in an area that appears to be under cemetery or soon to be
utilized as cemetery land area. These lands lie essentially east of
the center line of Xylon Avenue as extended. These lands are improved
with sodding, bituminous-paved interior streets, tree plantings, shrubs,
and the principle cemetery building which lies far to the southeast.
Only two small, concrete storage structures lie in the vicinity of
the Xylon Avenue center line as extended in that southeast corner area
of the cemetery. Ample area exists for the sale of grave sites in
this area east of Xylon Avenue center line as extended. No signifi-
cant improvements lie outside that area. Underground water piping and
improved streets appear to lie significantly east of this west peri-
meter area. A portion of the Bassett Creek watershed area lies in the
cemetery land lying east of Xylon Avenue center line as extended. This
is estimated to be 30% of the total watershed land in the whole cemetery
ownership. This indicates that 1,707,160 sq. ft. can be catergorized
as extra land not currently utilized as a cemet:ery and lying within
Bassett Creek drainage area. This land area may be specially assessed
PAGE TitlO
Steve Sondrall
October 30, 1986
for the storm water project that you have alluded to.
A portion of the 1,707,160 sq. ft. appears to have a highest and
best use of single-family development and the remainder, a highest
and best use of townhouse/apartment development.
These proportions are estimated to be as follows:
The townhouse/apartment land lying westerlyof Boone Avenue across
from the northwest corner of the subject property has a north/south
depth of about 455 feet. Generally, similar apartment and apartment/
commercial properties lie north of 42nd Avenue North between Zealand
and Xyon Avenues across from the extra land portion of the subject.
These ad j acen t townhous e/apa r tmen t uses are a h ighe r and be t te ruse
with greater land value potential than the single-family highest
and best use of the south portion of the land. Keeping to this
generalized north/south depth of about 450 feet from the north pro-
perty line of the subject defined by 42nd Avenue North breaks off
about 30% of the assessable extra land portion of the subject. This
equates to about 30% of 1,707,160 sq. ft. or 512,148 sq. ft. which
may be assessed at the higher commercial rate adopted by the city
at $.004832 per sq. ft., or $2,475.
The balance, or about 70% of the 1,707,160 sq. ft. of extra land
should be assessed at the single-family residential rate adopted by
the city. This would result in the following approximate assessment
amount:
1,707,160 sq. ft. x .70 x $.002416 per sq. ft. = $2,887.00
The total special assessment amount would therefore be $5,362.00
summarized as follows:
2,438,800 Sq. Ft. x .30 x $.004832/Sq. Ft. = $2,475 Commercial Rate
Extra Land
2,438,800 Sq. Ft. x .70 x $.0024l6/Sq. Ft. = $2,887 Single Family Rate
Extra Land
TOTAL: $5,362 ASSESSMENT
It is recognized that a portion of the extra land in the cemetery
that I have allocated as having a potential highest and best use as
apartment/townhouse land lies outside the Bassett Creek drainage area.
The key measure for my interpretation of apartment/townhouse zoned
land is the depth of about 550 feet from 42nd Avenue North. Exact
proportions of cemetery-use land as opposed to cemetery extra land
can be obtained by carefully examining the cemetery's position in
regard to platting and anticipated future absorption of grave sites.
When this information is available, more precise engineering estimates
can be applied to the various land areas and a more accurate estimate
of the special assessments can be made. It is possible that the
cemetery owners' interpretation of land area currently utilized and
PAGE THREE
Steve Sondrall
October 30, 1986
anticipated to be utilized as cemetery greatly exceeds that which
the city or an outside pacty might judge to be appropriate. It is
suggested that a lO-year history of lot sales be plotted to show a
rate of absorption and future land use needs or the cemetery owner
to more fully comprehend their position. Also, the existing buildings
appear to be relatively small and only able to serve a relatively
small cemetery land area. If the cemetery land area gets much
bigger, a larger building may have to be constructed. Those grave
sites that are currently occupied should, of course, be considered
as prima facia evidence of cemetery usage. A variety of state laws
specifically govern the city's jurisdiction over cemeteries.
Should you require additional information or consultation about this
matter, please call.
Sincerely yours,
SWENSON, BJORKLUND & ASSOCIATES, INC.
6-v4 1 ~,;~"'vJ
Brad Bj rklund, M.A.I., S.R.E.A.
bjs
Ene.
UNDERLYING ASSUMPTIONS, CONTINGENT, AND LIMITING CONDITIONS
The certification of the Appraiser appearing in the
appraisal report is subject to the following con-
ditions and to such other specific and limiting
conditions as set forth by the Appraiser in the
report.
1. The Appraiser has no present or contemplated future interest in the
property appraised. Employment in and compensation for making this
appraisal are in no way contingent upon the value reported.
2. The Appraiser is not responsible for legal mattersa The title is assumed
good and marketable. All structures and improvements, existing or pro-
posed, are assumed to be in compliance with community zoning ordinances
and building code requirements a The Appraiser does not guarantee that
the property complies with zoning or building code requirements.
3a The property is appraised as though under responsible ownership, with
competent management and proper maintenance~
4. Any sketch in the report may show approximate dimensions and is included
to assist the reader in visualizing the property. The Appraiser has
made no survey of the propertYa
Sa The Appraiser assumes that there are no hidden or nonapparent conditions
of the property, subsoil, or structures, which would render it more
or less valuablea The Appraiser assumes no responsibility for such
conditions, or for engineering which might be required to discover such
factors~
6a Information, estimates, and opinions furnished to the Appraiser,
and contained in the report, were obtained from sources considered
reliable and believed to be true and correct. However, no respon-
sibility for accuracy of such items furnished the Appraiser can be
assumed by the Appraiser.
7a Unless otherwise stated, the property is considered free and clear of
all indebtedness.
Sa On all appraisals, subject to satisfactory completion, repairs, or
alterations, the appraisal report and value conclusion are contingent
upon completion of the improvements in a workmanlike manner, and in
substantial conformance with plans and specifications made available
to the Appraiser.
APPRAISING QUALIFICATIONS OF
BRAD BJORKLUND
EDUCATION
Bachelor of Science in Business Administration (1971):
American Institute of Real Estate Appraisers Courses:
University of Minnesota
lA, IB, 2, 4, and Standards
Society of Real Estate Appraisers Courses: 101 and 301
Instructor: University of Minnesota Extension Division Appraisal Courses 1979-80
ASSOCIATION MEMBERSHIPS
~I
8M
SRPA
SREA
American Institute of Real Estate Appraisers, 1976
Society of Real Estate Appraisers, 1975
Society of Real Estate Appraisers, 1977
Society of Real Estate Appraisers, 1980, Chapter President 1983-84
Licensed Real Estate Broker, State of Minnesota, 1972 to present
St. Anthony Planning Commission Member, 1978-85, Chair 1980-81
Metropolitan Council Land Use Advisory Corr~ittee, 1977 to present
League of Women Voters, 1977 to present
APPR~ISAL EXPERIENCE
February 1972 to October 1976 - Newcorrbe & Hansen Appraisals, Inca
October 1976 to April 1981 - O. J. Janski & Associates, Inc.
April 1981 to April 1985 - Capital Appraisals, Inc.
April 1985 to present - Swenson, Bjorklund & Associates
Serving a variety of clients including:
Larkin Hoffman Law Firm
LeFevere, Lefler, Law Firm
Twin City Federal
First Nat'l of Mpls.
Norwest Banks
Cushman Wakefield
Cooperative Power Assn.
Augustana Homes
FDIC
DaS. Navy
Prudential
Red Owl
Texaco
Honeywell
Minnesota Plywood
Manufacturers Hanover
Dayton Hudson
State of Minnesota
City of Minneapolis
City of Minnetonka
General Motors
1st Covenant Church
N.Wa Bible College
Waste Management
Appraisals completed upon a variety of types of properties including improved
properties - cOIT~ercial stores, large offices, industrial, apartment, golf courses,
nursing homes, farms, unimproved land and subdivisions.
hppraisals have been made for buyers, sellers, investors, parties involved in
eminent domain proceedings, tax abatement, estates, and lease interests.
Qualified as an expert witness in various District Courts and served as court-
appointed co~nissioner.
The international Society of Real Estate Appraisers is proud to authorize
B fad J ey D. Bj 0 rk 1 und, SREA to include the following in his/her professional
credentials. Authorization good through
What Is A Senior Real Estate Analyst?
Senior Real Estate Analysts (SREA) are professional
members of the Society of Real Estate Appraisers who
have extensive technical training. long and varied ex peri.
ence, who have earned the respect of the community and
their peers for their expert knowledge, outstanding abil.
ity, professional leadership and integrity.
SREA members have demonstrated in practice that they
are competent to appraise all types of real estate interests
Ap r ill 8 J 1 9 8 ~
and ownerships in accordance with accepted definitions
of market value, and to extend appraisal analysis beyond
current market value to provide a basis for decision.
making to clients responsible for committing funds or
assets in the sale, financing, purchase, lease, trade, reno-
vation, developm.ent, demolition or division of real prop-
erty. The analyst's experience encompasses the most dif.
ficult appraisal problems.
As of January 1) 1977 fewer than 600 professional appraisers in the United States and Canada have been
able to meet these exacting standards.
Eligibility
To be eligible to apply for SREA designation an individual must
1. be a SRPA member at the Society
2. have successfully completed examinations 101, R2. 201 & 301
3. have prepared a demonstration report on an income producing
property
4. have B - 12 years of experience as a market value appraiser of income
property. including some substantial concurrent experience In real
estate analysis such as preparation of feasibility and marketability
studies. cash flow analysis and other applications of statistical mea.
sures to real estate problems
5, if born after 1944 have a 4 year college degree or complete a series of
substitute examinations designated by the Society
6. have a record of posltlve contribution to the advancement of the real
estate appraisal and analysIs profession such as participation in
professional Association affairs. teaching or contributing to the de-
velopment of training courses. or writing or research work in the
professional field
7. have earned an excellent reputation for the honesty and integrity and
professional competence expected.
Certified SREA On
Re-Certified
Re.Certified
Ap r ill 8 , 19 ~
April 1819~
19_
Certification
Certification procedures require a comprehensive oral examination by
an examination board of the Admissions Committee, inspection of of.
fice operations. review of appraisal and analysIs reports and a thorough
investigation of the applicant's competence and integrity. This Investl.
gation includes contact with other SREA members. professional ap.
praisers. clients. attorneys. judges and persons in the community. The
SREA designation is awarded for five years only,
Re-Certification
A member wishing to renew the SREA designation must apply for recer.
tificaton at the end of the five (5) year period. Upon application for
recertificaton. an applicant is expected to show evidence of integrity,
continued technical training. experience and professional leadership
commensurate with current SAEA Admissions standards.
AlREA EDUCATION CERTIFICATION
The American Institute of Real Estate Appraisers conducts a voluntary program of continu-
ing professional education for its designated members. ~~I and RM members who meet the
minimum standards of this program are awarded periodic educational certificationa
I am certified under this program through September 15, 1987a
DJk~
Brad Bj!fiklund, HAl
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VIEW NORTHWESTERLY AREA
POTENTIAL APARTMENT/CONDO LAND
( Photograph Views]
VIEW SOUTH OF EASTERLY POTENTIAL
APARTMENT/CONDO LAND
( Photograph Views]
APARTMENTS NORTH OF SUBJECT ON
42ND. AVENUE, NORTH
( Photograph Views]
VIEW EAST ON 42ND. AVENUE, NORTH
( Photograph Views]
ATTRACTIVE WOODED AREA IN SUBJECT
NORTHWEST CORNER
( Photograph Views]
APARTMENT/CONDO LAND WEST OF SUBJECT
( Photograph Views]
PANORAMIC VIEW OF SUBJECT FROM
SOURTHWEST CORNER
( Photograph Views]
HOUSES SOUTH OF SUBJECT
SOUTHWEST CORNER
( Photograph Views]
MEIER, KENNEDY Be QUINN
Attorneys at Law
WILLIAM C. MEIER (1920 - 1981)
ALOIS D. KENNEDY. JR.
TIMOTHY P. QUINN
ANDREW J. EISENZIMMER
LEO H. DEHLER
THOMAS 8. WIESER
NANCY GOERING REILLY
SUITE 430. MINNESOTA BUILDING
SAINT PAUL, MINNESOTA 55101...1183
(612) 228-1911
October 20, 1986
HAND DELIVERED
The Honorable Carol E. Carlson
Ci ty ClerIc
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Re: The Catholic Cemeteries vs The City of New Hope
(Notice of Appeal from Assessment for public improvement)
Dear Mso Carlson:
Enclosed herewith and delivered to you is the Notice of Appeal
from Assessment for Public Improvement, given by The Catholic
Cemeteries, Appellant, to the City of New Hope, Respondent,
formally appealing the assessment levied against Gethsemane
Cemetery for Storm Sewer Improvement No. 354 (Bassett Creek Flood
Control Project), pursuant to the Assessment Role adopted by the
City on October 6, 1986.
This appeal is made pursuant to Minn. Stat. ~4290081, which
states that the notice is to be served on the City Clerk or Mayor
and that the City Clerk will furnish Appellant ".ooa certified
copy of objections filed in the assessment proceedings, the
Assessment Role or part complained of, and all papers necessary
to present the appeal".
We will proceed to file the Notice and other required documents
with the Clerk of District Court within ten days, as required by
the law.
Yours very truly,
MEIER, KENNEDY & QUINN
~~~~J
Timotr. Quinn
TPQ:lic
Enclosure
cc: Mr. Steven A. Sandrall, City Attorney
Mr. B. Charles Tierney
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF HENNEPIN
FOURTH JUDICIAL DISTRICT
The Catholic Cemeteries, a
Minnesota Religious Diocesan
Corporation,
Appellant,
VB
NOTICE OF APPEAL FROM
ASSESSMENT FOR PUBLIC
IMPROVEMENT
The City of New Hope, a
Minnesota Municipal Corporation,
Respondent 0
The Catholic Cemeteries, a Minnesota religious diocesan
corporation, Appellant above-named, owner of the parcels of real
estate hereinafter described, hereby appeals that certain
assessment levied by the City of New Hope, a municipal
corporation, the Respondent above-named, against those certain
parcels of real estate owned by Appellant, set forth hereafter,
for Storm Sewer Improvement Noo 354 (Bassett Creek Flood Control
Project), pursuant to that certain assessment role listing said
properties and said assessment, adopted by Order of the City
Council of said City of New Hope, on October 6, 1986, for the
purpose of financing and apportioning the cost of said local
improvement described in the Notice of the Public Hearing on said
proposed assessmentsQ
I 0
The properties owned by Appellant against which the appealed
from assessment vIas levied and the amount of said assessment is
as follov/s:
10 # 18-118-21 13 0001
Gethsemane Cemetery, according to the plat thereof on
file and of record in the office of the County Recorder
for Hennepin County, Minnesota, constituting
approximately 80 acres, $16,838.55.
I I 0
That said properties, namely Gethsemane Cemetery, constitute
a properly dedicated cemetery, the plat of said "Gethsemane
Cemeteryl1 having been recorded in the office of the Register or
Deeds of Hennepin County, Minnesota, on December 31, 1953, in
Book 129 of Plats, Page 210 That all of said properties have
been planned, used or appropriated for the burial of the dead and
are exempt from assessments for local improvements, pursuant to
Minno Stato ~307009o
1110
At the public hearing held on September 22, 1986, Appellant
presented to the Mayor and members of the City Council of the
City of New Hope its written objections to said assessment and
the grounds for said objections, a copy of which Notice of
Obj ec tions is at ta.ched hereto, marked tlExhi bi t A" and made a part
hereofo
IVo
The grounds for the appeal for said assessment levied
against said properties to finance and apportion the cost of said
improvement are as follows:
-2-
(1) That the assessment is made upon demonstrable
mistakes of fact and lawo
(2) That the assessment is in an amount in excess of
the actual benefits to the above properties being assessed;
the actual benefit being noneo
(3) That the said properties are exempt from said
assessment, pursuant to Minno Stato ~307009o
(4) That the assessment constitutes an
unconstitutional taking without compensationo
Vo
That within thirty (30) days after the entry of the Order of
the City Council for the City of New Hope adopting said
assessment, Appellant filed the within Notice of Appeal with the
City Clerk of the City of New Hope in accordance with Minno Stato
S4290081 and requested a certified copy of the Assessment Role
for filing in the District Court, as required by Minno Stato
~4290081o
WHEREFORE, Appellant prays that the Court set aside said
assessment against the above property; determine that there is no
economic benefit to any of the said properties as a result of
said improvement; determine said property to be exempt from said
assessment and order that said property not be assessed in any
amount for said improvement.
Dated: October ~6
-
1986.
MEIER, KENNEDY & QUINN
-,~
Timothy} P. Quinn
Attorney 7far Appellant
Suite 4~, Minnesota Building
St. Paul, Minnesota 55101
Telephone: 612-228-1911
Attorney loDe No: 89047
-3-
MEIER. KENNEDY & QUINN
Attorneys at LaVr'
WILLIAM C. MEIER (19.20 .. 1981)
ALOIS D. KENNEDY, JR.
TIMOTHY P. QUINN
ANDREW J. EISENZIMMER
LEO H. DEHLER
THOMAS 8. WIESER
NANCY GOERING REILLY
SUITE 430, t..1INNESOTA BUILDING
SAINT PAUL, MINNESOTA 55101..1183
{61 2) 2.26..191 1
September 22, 1986
Honorable City Council
Ci ty of NevI Hope
4401 Xylan Avenue North
New Hope, Minnesota
Re: Storm Sewer Improvement No. 354
Bassett Creek Flood Control Project
(Gethsemane Cemetery)
Dear Council Members:
The Catholic Cemeteries, owner of Gethsemane Cemetery, respect-
fully objects to the assessment proposed to be levied against the
real estate comprising Gethsemane Cemetery for the Bassett Creek
Flood Control Project, the hearing for which is set for September
22, 1986, at 7:00 p.rno The objection is based on the exempt
status of the cemetery property and the lack of benefits to the
property from the projecto
Yours very truly,
MEIER, KENNEDY & QUINN
~ "
- :;--= - }
C ~~! 7Q---oc___ -
- ~ ----"'~<- / - ~
Tim .
AttorKeys for The Catholic
Cemeteries, Owner of Gethsemane
Cemetery
TPQ:lic
F") -f] l7"""'0.fj ~ '''A ' g
L: U~~ ~ ~Jl:L
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF HENNEPIN
FOURTH JUDICIAL DISTRICT
The Catholic Cemeteries, a
Minnesota Religious Diocesan
Corporation,
Appellant,
vs
NOTICE OF APPEAL FROM
ASSESSMENT FOR PUBLIC
IMPROVEMENT
The City of New Hope, a
Minnesota Municipal Corporation,
Respondento
The Catholic Cemeteries, a Minnesota religious diocesan
corporation, Appellant above-named, owner of the parcels of real
estate hereinafter described, hereby appeals that certain
assessment levied by the City of New Hope, a municipal
corporation, the Respondent above-named, against those certain
parcels of real estate owned by Appellant, set forth hereafter,
for Storm Sewer Improvement Noo 354 (Bassett Creek Flood Control
Project), pursuant to that certain assessment role listing said
properties and said assessment, adopted by Order of the City
Council of said City of New Hope, on October 6, 1986, for the
purpose of financing and apportioning the cost of said local
improvement described in the Notice of the Public Hearing on said
proposed assessmentso
I 0
The properties owned by Appellant against which the appealed
from assessment was levied and the amount of said assessment is
as follo\vs:
ID # 18-118-21 13 0001
Gethsemane Cemetery, according to the plat thereof on
file and or record in the office of the County Recorder
for Hennepin County, Minnesota, constituting
approximately 80 acres, $16,838055.
I I 0
That said properties, namely Gethsemane Cemetery, constitute
a properly dedicated cemetery, the plat of said "Gethsemane
Cemeterylt having been recorded in the office of the Register of
Deeds of Hennepin County, Minnesota, on December 31, 1953, in
Book 129 of Plats, Page 210 That all of said properties have
been planned, used or appropriated for the burial of the dead and
are exempt from assessments for local improvements, pursuant to
Minn~ State ~307009e
1110
At the public hearing held on September 22, 1986, Appellant
presented to the Mayor and members of the City Council of the
City of New Hope its written objections to said assessment and
the grounds for said objections, a copy of which Notice of
Objections is attac11ed hereto, marked tlExhibi t A" and made a part
hereof"
IVo
The grounds for the appeal for said assessment levied
against said properties to finance and apportion the cost of said
improvement are as follows:
-2-
(1) That the assessment is made upon demonstrable
mistakes of fact and law.
(2) That the assessment is in an amount in excess of
the actual benefits to the above properties being assessed;
the actual benefit being none.
(3) That the said properties are exempt from said
assessment, pursuant to Minno Stato ~307009.
(4) That the assessment constitutes an
unconstitutional taking without compensation.
v.
That within thirty (30) days after the entry of the Order of
the City Council for the City of New Hope adopting said
assessment, Appellant filed the within Notice of Appeal with the
City Clerk of the City of New Hope in accordance with Minno Stato
~42ge081 and requested a certified copy of the Assessment Role
for filing in the District Court, as required by Minn~ Stato
~4290081o
WHEREFORE, Appellant prays that the Court set aside said
assessment against the above property; determine that there is no
economic benefit to any of the said properties as a result of
said improvement; determine said property to be exempt from said
assessment and order that said property not be assessed in any
amount for said improvement 0
Dated: October ~6
, 19860
MEIER, KENNEDY & QUINN
'~~
TimothYi P. Quinn
Attorney 7for Appellant
Suite 4~, Minnesota Building
Sto Paul, Minnesota 55101
Telephone: 612-228-1911
Attorney IeDo No: 89047
-3-
JV1EIER, KENNEDY 8< QUINN
A tlomcy; a I La w
WILLIAM C. MEIER (1920 . 1981)
ALOIS D. KENNEDY. JR.
TIMOTHY P. QUINN
ANDREW J. EISENZIMM5R
LEO H. DEHLER
THOMAS S. WIESER
NANCY GOERING REILLY
SUITE 430. MINNESOTA BUiLDING
SAINT PAUL, MINNESOTA 55101 ~1183
(612) 228-191 1
September 22, 1986
Honorable City Council
Ci ty of Ne\v Hope
4401 Xylan Avenue North
New Hope, Minnesota
Re: Storm Sewer Improvi'::cnent No 0 354
Bassett Creek Floc: Control Project
(Gethsemane Cen1et ::?ry)
Dear Council Members:
The Catholic Cemeteries, owner of Gethsemane Cemetery, respect-
fully objects to the assessment proposed to be levied against the
real estate comprising Gethsemane Cemetery for the Bassett Creek
Flood Control Project, the hearing for which is set for September
22, 1986, at 7:00 porno The objection is based on the exempt
status of the cemetery property and the lack of benefits to the
property from the projecto
Yours very truly,
MEIER, KENNEDY & QUINN
Timoth Po Quinn
Attar eys for The Catholic
Cemeteries, Owner of Gethsemane
Cemetery
TPQ:lic
E )f~ ~""i I
fI,",:,! ',',J,. 2\,," ,,"
~ n i
AGFEEMENT ENTERED INTO PURSUANT TO PROVISIONS
OF THE JOINT POWERS AGREEMENT ESTABLISHING THE
BASSETT CREEK FLOOD CONTROL CO~MISSION FOR
CONSTRUCTION OF WORK WITHIN THE CITIES OF
GOLDEN VALLEY AND CRYSTAL, MINNESOTA
THIS AGREEMENT, made and entered into this 27th day of
, 1979, by and between the City of Golden ValleYI
August
Minnesota, hereinafter referred to as "Golden Valleytt, and the City
of
New Hope
, Minnesota, hereinafter referred to as
II
New Hope
II
WHEREAS, the Cities of Crystal, Golden Valley, Medicine Lake,
Minneapolis, Minne.tonka, New Hope, Plymouth, Robbinsdale, and St.
Louis Park entered into a Joint Powers Agreement in 1968 creating
the Bassett Creek Flood Control Cornroission (the "commission "), and
WHEREAS, since that date the Bassett Creek Flood Control
commission has been funded by the nine member cities (the "1.1erobers JI)
and has conducted extensive engineering studies and has adopted on
May 18, 1972, a watershed management plan, and
WHEREAS, the Commission has coordinated its effort to
implement the watershed management plan by working with the united
States Corps of Army Engineers and has compiled a cOlltplete plal~l for
the entire watershed, which plan was presented by the united States
Corps of Army Engineers and the Comroission to all Me~bers and
~Bwbers of the public and which plan has been approved by the Com-
Il1ission, and
WHEREAS, the plan for flood control in the Bassett Creek
Watershed was authorized by the 95th Congress, Second Session, by
Section 173 of the Water Resources Developrrent Act of 1976 (Public
Law 587, 94th Congress), and
WHEREAS, the Commission and its Me~bers have proceeded with
the planning process and the Minnesota State Depart~Bnt of Trans-
portation is currently providing an outfall by digging a storm
tunnel in the City of Minneapolis which will receive waters from
Bassett Creek and act as the outfall into the Mississippi Riverr and
WHEREAS, the costs of the outfall are being funded by the
Minnesota Department of Transportation with the understanding that
the united States Corps of Army Engineers will reimburse the Minnesota
Department of Transportation if and when the united States Congress
appropriates money for the construction of this tunnel, and
WHEREAS, the Cities of Golden Valley and Crystal have incurred
serious flooding problems along Bassett Creek, and Golden Valley has
indicated that it believes it is in the interests of all parties to
proceed to do the up-stream work necessary to prevent flooding and
which includes costs which will be a local responsibility under the
approved plan, and
WHEREAS, on March 15, 1979, the Commission held a public
hearing pursuant to Article VII, Subd. 4, of the Joint Powers Agree-
ment., and the Conmrission ordered th e improverrlen ts (the "Irnprovernen ts 1')
set forth below:
"New channel crossings at Noble Avenue, Regent Avenue, 32nd
Avenue, Brunswick Avenue, 34th Avenuer Florida Avenue, Douglas Drive,
and 36th Avenue; a flood control structure immediately upstream of
Highway 100; a flood control structure between Douslas Drive and
Florida Avenue; excavation of a temporary storage area between this
flood control structure and 36th Avenue; flood proofing of 20
residences on the main stem of Bassett Creek between Golden Valley
Road and Westbrook Avenue; channel improvements downstream of High-
way 100 including removal of the Minnaqua Avenue Bridge; the evacuation
of one home in the vicinity of Florida Avenue and 36th Avenue North; a
flood control structure at Wisconsin Avenue below Brookview Community
Golf Course; and riprap of channe 1 banks. H, and
-2-
WHEREAS, the Federal Government will not reiITburse Golden
Valley or any other ~1ember until a contract under Section 215 of
Public Law 90-483 has been approved and said contract has currently
been processed by all agencies of the Federal Government except the
co~~ittee of the. United States Senate and said approval is now being
sought and is expected in the near future, and
WHEREAS, the City of Golden Valley has been designated as
the member of the commission who will contract for the Improvements
subject to all provisions of the Joint Powers Agreement, and it is
deemed necessary that Golden Valley have contracts with each of the
eight other Merobers indicating the method of proceeding to be followed
in constructing this work and further agreeing that Golden Valley will
advance the estimated federal costs for a period of ten years and
that it will not charge any interest for said ten year period either
to the Federal Government or to the other eight Members of the Com-
mission, and
WHEREAS, Golden Valley is desirous of having a commit~Bnt
from the other eight Members that if for some reason the federal
governwent never appropriates the monies necessary to cover the
federal costs, then said advance will be paid to Golden Valley by the
other eight Members in accordance with their designated percentages
ten years after the completion of the project, and
WHEREAS, Golden Valley has hired Barr Engineering Corporation
to prepare plans and specifications and to work with the engineering
departments of Golden Valley and Crystal in preparing the plans for
the Improvements, and
-3-
WHEREAS, at the public hearing the total cost of the project
was estl'm"..ated to be $2,212,100 d th 11 t' f h
.' 1 an e a oca lon 0 t ese
costs was established by the COIDIDission on the basis of percentages
and dollar amounts into which are incorporated land costs and land
credits, (and therefore the percentages and the land costs and
credits are not necessarily the same), and in addition thereto Golden
Valley has agreed to advance that portion of the above total cost
which may be funded by the Federal Government as set forth above
(being the surr. of $797,800)/ ano. since saic hearing one ado.i tional
structure at Wisconsin Avenue has been added at an estimated cost of
$22,200, and
WHEREAS, the allocation of costs set forth by the Bassett
Creek Flood Control Co~~ission is as follows:
t1unicipali ty
Percent
Est. Cost Incl.
Land Cost; Land
Credi ts
Est. Federal Cost to be Financed
By Local Comwunity
Subject to Reimburse~ent
Crystal 7.11 $289 1300
Golden Valley 27.48 310,200 $797,800
14edicine Lake . 49 5,500
Minneapolis 14.82 163,400
~1innetonka 3.19 47, 30 0
New Hope 8.31 123,500
Plymouth 30.05 379,400
Robbinsdale 2.06 23,600
St. Louis P a r]( 6.49 72,100,
and
-4-
WHEREAS, upon receipt of the final plans and specifications,
Golden Valley will proceed to advertise for bids and award contracts
for the Improvement, and
WHEREAS, Minnesota Statutes Section 471.59 and Chapters 429
and 475 provide .that two or more governmental units may enter into a
cooperative agreement for the exercise of any power COIT~on to the
contracting parties and the parties hereto do have power to construct
flood walls, provide drainage of surface waters, to construct, re-
construct, extend and maintain dikes and other flood control works
and to finance the saWB, and Golden Valley plans to enter into
contracts with each of the other MeITbers affected by these storm,
surface and flood waters:
NOW, THEREFORE, IT IS MUTUALLY AGREED By and between the
parties hereto as follows:
1. Golden Valley will hire Barr Engineering Corporation, Inc.
to prepare plans and specifications for the construction of the afore-
stated projects, which plans and specifications shall be approved by
Golden Valley, Crystal and the United States Corps of Arwy Engineers,
and shall be open for review by other Mewbers of the Commission who
shall desire an individual review of the final plans and specifications.
2. Golden Valley, after the aforementioned approval of plans
and specifications, will advertise for bids for the construction of
the aforestated project, receive bids pursuant to said advertisement,
and enter into a contract with the successful bidder or bidders at
the unit price specified for the construction of the I~prove~ents.
Copies of the bids received will be furnished by Golden Valley to
New Hope
, and to the United States Corps
-5-
of Army Engineers promptly after opening thereof. Said bids will
be open to review by all Me~bers of the Commission for a period of
twenty days after such bid opening. Golden Valley shall award the
contract in accordance with the provisions of Minnesota Statutes
Chapter 429 and any other applicable state laws and shall conduct
all bidding requirements pursuant to the provisions of Minnesota
Statutes Section 429.041.
2. The construction of the entire project contemplated
herein shall be under the supervision and direction of Golden Valley
in consultation with Crystal, but all other Members of the Commission
who have entered into a similar contract with Golden Valley shall
have the right to enter upon the place or places where said con-
struction is in progress for the purpose of making reasonable tests
and inspections.
3.
a)
Golden Valley will pay all of the construction costs,
engineering costs and restoration costs as payments become duel from
its funds and from funds received fro~ the other governmental units,
subject to the right of Golden Valley to withhold from contractors
for nonperformance and/or customary or contractually specified reserves.
Each of the Members will pay all costs of right-af-way acquisition
and shall receive credit in accordance with the afore-adopted formula
which provides credits in the amount of $4,000 per acre. Land
acquisition which includes structures shall have the value of the
structures included as a capital cost of this project.
b) The final costs of the Improvement shall be apportioned
and divided between the nine Mewbers of the COmIT~ssion in the per-
centaqe ratios stated above and as approved after a duly called and
-6-
held public hearing by the Commission. The final computation of
costs shall be calculated by Barr Engineering Co. pursuant to the
approved formula including land acquisition costs and land credits
being attributed to each Member of the Commission.
. c) It is further agreed that the cost estiITtate of two mi 11 ion-two
hund.red thirty-four thousand-
th ree h und red
($ 2,234)300
) is an estimate of the total
cost of the Improvement and. that the actual unit price set forth in
the contracts with the successful bidders, and the actual final
quantities as measured by the Golden Valley Engineering Department
and Barr Engineering Co. shall govern in computing the construction
contract costs for apportionment pursuant to the aforestated formula.
Land acquisition costs shall be calculated on the basis of $4,000
per acre of credit plus inclusion of the total capital costs to the
projec"t for any structures acquired by any member of the Commission
which are necessary to construct this project.
4. Golden Valley and Crystal agree to provide without cost
to the other Me~bers of the Cowmission any permits necessary for
Golden Valley to enter into any public right-af-way under the
respective jurisdiction of either Golden Valley or Crystal if the
consent of said parties is required for construction and maintenance
of these improvewents.
It is further understood and agreed that
Golden Valley will obtain all necessary construction, slope, storm
sewer, drainage, or other easements to cross private property within
its corporate boundaries, and Crystal will obtain all such necessary
ease~ents or rights-of-way within Crystal. The acquisition costs
shall be borne by the acquiring municipality who shall receive credit
pursuant to the aforestated formula.
-7-
5.
It is further agreed that within 90 days after an award
New Hope
by Golden Valley to the successful bidders, the City of
shall deposit with the treasurer of the City of Golden Valley, eighty
percent (80%) of the estimated costs of its proportionate share
computed as stated in paragraph three using actual unit prices con-
tained in such contract with the successful bidder and the engineer's
estimated quantities set forth in the construction contract.
The remaining twenty percent (20%) of such proportionate
share shall be paid to Golden Valley by the City of New Hope
upon the completion of the Improvement and certification by Golden
Valley to New Hope of Golden Valley's final costs
for the project. The final costs to be paid to Golden Valley by
the Ci ty of New Hope shall be veri fied by Barr Engineering
Co. based upon the aforestated formula for each Me~ber.
6. The improvements constructed pursuant to this agreement
shall become the property of the City wherein the improvement i.s
located and shall be maintained by said City where the improvement
is located at the sole cost and expense of the latter.
This main ten-
ance. requirement may be changed by the Mewbers of the Commission if
the authority is extended to the Commission and maintenance is
included as a portion of the responsibilities of the Commission and
duly ordered by the Commission.
Golden Valley and Crystal agree
that the Improvements are available for the drainage of surface
waters including the waters flowing to the Improvement from any
other '!\1eI1lber of the Commission and from lands located wi thin the
Bassett Creek Watershed.
-8-
7. Crystal hereby grants to Golden Valley permission to
enter into and upon those portions of public rights-of-way under
Crystal's jurisdiction or under the jurisdiction of Hennepin County
or the State of Minnesota if the consent of Crystal is required, for
the purpose of constructing the Ireprovements. Golden Valley and
Crystal agree that they will permit all Members of the COF~ission,
for the purpose of inspection or review, the right to enter on to
all public rights-of-way included within the Improvement for the
purpose of inspecting the Improvements.
8. Crystal agrees to take all necessary action to provide
for access to public and private lands as may be required for the
design and construction of the I~proveIDent.
9. Golden Valley hereby agrees to pay the share of the
Improvements which are estimated to be federal costs and which are
in the amount of $797,800. If the Federal Government has not appro-
priated or reimbursed Golden Valley for the federal costs within
ten years after the date this project is completed and approved,
New Hope
then the City of
8.31
agrees
to pay to Golden Valley
percent of said amount as allocated by the Com~ission for the
New Hope
Golden Valley and
agree
balance of the project.
to cooperate and jointly urge the funding of this project by the
Uni ted States of America pursuant to the approve(l~ (1ni ted States
Corps of Ar~y Engineers plan for the Bassett Creek Watershed.
It~ TESTI!.10~JY ~\1HEREOF, the parties hereto cause this agree-
ment to be executed by their respective duly authorized officers
as of the day and year first above written.
-9-
CITY OF
/?~a~
By
Its Mayor
CITY OF
New Hope
v
-*-~ L
~// iV;T'- /
'='~~! ~~./AJ 'Ii
Its /Ji,fi4vlil
~)I'- .
~06 /' ~" /1, ~
By .{;? ..-,r,j fi Vvpv 1 ^,.l Jf~14 #)II
I ts Cut' /JfVJ,/}'~'~'r' ~
v " ~ I
-10-
AMENDED AGREEMENT
AGREEMENT ENTERED INTO PURSUANT TO PROVISIONS
OF THE JOINT POWERS AGREEMENT ESTABLISHING THE
BASSETT CREEK FLOOD CONTROL COMMISSION FOR
CONSTRUCTION OF WORK WITHIN THE CITIES OF
GOLDEN VALLEY AND CRYSTAL, MINNESOTAt AND
AMENDING AND REPLACING AGREEMENT DATED,
AUGUST 27 t 1979
THIS AGREEMENT, made and entered into this 10 day of August
1981, by and between the City of Golden Valley, Minnesota, hereinafter
referred to as "Golden Valley", and the City of New Hope
, Minnesota,
hereinafter referred to as II New Hope
I I
,
WHEREAS, the Cities of Crystal t Golden Val ley, Medicine Lake,
Minneapol is, Minnetonka, New Hope, Plymouth, Robbinsdale, and St. Louis Park
entered into a Joint Powers Agreement in 1968 creating the Bassett Creek
Flood Control Commission (the IICommission"), and
WHEREAS, since that date the Bassett Creek Flood Control Commission
has been funded by the nine member cities (the IIMembersl1) and has conducted
extensive engineering studies and has adopted on May 18, 1972, a watershed
management plan by working with the United States Corps of ~rmy Engineers
and has camp 1 ied a complete plan for the entire watershed, which plan was
presented by the United States Corps of Army Engineers and the Commission
to all Members and members of the public and which plan has been approved
by the Commission, and
WHEREAS, the plan for flood control in the Bassett Creek Watershed
was authorized by the 95th Congress, Second Session, by Section 173 of the
Water Resources Development Act of 1976 (Publ ic Law 587,94th Congress), and
WHEREAS, the Commission and its Members have proceeded with the planning
process and the Minnesota State Department of Transportation has provided
an outfall by dJgging a storm tunnel in the City of Minneapolis which will
receive waters from Bassett Creek and act as the outfall into the Mississippi
River, and
WHEREAS, the costs of the outfall are being funded by the Minnesota
Department of Transportation with the understanding that the United States
Corps of Army Engineers will reimburse the Minnesota Department of Trans-
portation if and when the United States Congress appropriates money for
the construction of this tunnel, and
WHEREAS, the Cities of Golden Valley and Crystal have incurred serious
flooding problems along Bassett Creek, and Golden Valley has indicated that
it believes it is in the interests of all parties to proceed to do the up-
- stream work necessary to prevent flooding and which includes costs which
will be a 1 Dca 1 res pan sib i 1 i t Y un de r the app roved p 1 an, and
WHEREAS, on March 15, 1979, the Commission held a publ ic hearing
pursuant to Article VI I, Subd. 4, of the Joint Powers Agreement, and the
Commission ordered the improvements (the Illmprovementsll) set forth belovo':
I'New channel crossings at Noble Avenue, Regent Avenue, 32nd Avenue.
Brunswick Avenue, 34th Avenue, Florida Avenue, Douglas Drive, and 36th
Avenue; a flood control structure immediately upstream of Highway
100; a flood control structure between Douglas Drive and Florida
Avenue excavation of a temporary storage area between this flood
control structure and 36th Avenue; flood proofing of 20 residences
on the main stem of Bassett Creek between Golden Valley Road and
Westbrook Avenue; channel improvements downstream of Highway 100
including removal of the Minnaqua Avenue Bridge; the evacuation of
one home in the vicinity of Florida Avenue and 36th Avenue North; a
flood control structure at Wisconsin Avenue below Brookview Community
Golf Course; and riprap of channel banks.ll,
and
WHEREAS, the Federal Government would not reimburse Golden Valley or
any other Member until a contract under Section 215 of.Public Law 90-483 had
been approved and said contract has been approved by all necessary agencies
and is now in effect, ~~d
WHEREAS, t~e City of Golden Valley was designated as the member of
the Commission who would contract for the Improvements subject to all
provisions of the Joint Powers Agreement, and it was deemed necessary that
Golden Valley have contracts with each of the eight other Members indicating
the method of proceeding, to be followed in constructing this work, and
WHEREAS, Golden Valley did in 1979 prepare and enter into a contract
with each of the other eight cities in the Bassett Creek Flood Control
Commission, and
WHEREAS, said agreement provided that certain work would be done and
financed by Golden Valley and that Golden Valley would advance approximately
$800,000 interest free for 10 years and with the understanding that Golden
- Valley would be reimbursed by the Corps of Engineers when the United
States Congress appropriated funds for the project, and
WHEREAS, Golden Valley has hired Barr Engineering Corporation to
prepare plar,s and specifications and to work with the engineering department
of Golden Valley and Crystal in preparing the plans for the Improvements) and
WHEREAS, at the public hearing in 1979 the total cost of the project
was estimated to be $2,124,500, and the allocation of those costs were
established by the Commission on the basis of percentages and dollar amounts
into which were incorporated land costs and land credits (and therefore
the percentages and the land costs and credits were not necessari ly the
same), and in addition thereto Golden Valley had agreed to advance that
portion of the above total cost which might be funded by the Federal Government
as set forth above (being the sum of $797,800), and since said hearing one
additional structure at Wisconsin Avenue had been added at an estimated cost
of $22,200, and
WHEREAS, t~e allocation of costs set forth by the Bassett Creek Flood
Control Commission in 1979 were as follows:
Municipal ity
Est. Cost. I n c] .
Land Cost;
Percent Land Credits
7. 11 $289,300
27.48 310,200
.49 5,500
14.82 163,400
3. 19 47,300
8. 31 123,500
30.05 379,400
2.06 23,600
6.49 72 , 1 00 ,
Crystal
Go 1 de n Valle y
Medicine Lake
Minneapo1 is
Minnetonka
New Hope
Plymouth
- Robb i nsda 1 e
St. Louis Park
and
Est. Federal Cost to be
Financed by Local Community
Subject to Reimbursement
$797,800
WHEREAS, Golden Valley did proceed with Barr to prepare plans and
specifications which were presented to the Corps of Engineers pursuant to
the 215 Agreement and the Corps of Engineers indicated that the engineering
data and criteria used in preparing said plans did not meet the requirements
of the Corps of Engineers, and
WHEREAS, to proceed and prepare plans which would satisfy the Corps of
Engineers under the 215 Agreement would in Barris opinion result in a project
where the local costs would increase substantially and if certain criteria
be feasible, and
were used regarding right of way acquisition, the entire project would not
WHEREAS, numerous meetings have been held by Golden Valley and the
eight other communities and between Golden Valley, the .Corps of Engineers
and Bas.sett Cre~k Flood Control Commission personnel and it appears
feasible and logical that the improvements be constructed in phases, and
WHEREAS, assurances have been received from the Corps of Engineers
that if the nine communities would prepare plans and specifications to
construct Phase I, and if said plans and specifications were presented and
approved by the Corps of Engineers pursuant to the 215 Agreement, then and
in that event the Corps of Engineers could construct Phase I I of the project
and could reimburse the local communities for certain costs, and
WHEREAS, Golden Valley has attempted to keep all the other communities
informed as they have proceeded and they have prepared Phase I plans and
specifications which have been presented to and reviewed by the Corps of
Engineers and said plans and specifications have been approved, and
WHEREAS, Golden Valley has advised the other communities that the
construction of Phase I as approved may result in the Corps constructing
Phase I I which would result in the hereinafter stated estimated reimburse-
ments, but Golden Valley is concerned that the other eight communities be
aware that there are no assurances or guarantees that Phase I I will ever
be constructed by the Corps of Engineers and without such congressional
approval and construction, there may not be any reimbursements, and inasmuch
as the 1 ikel ihood of federal participation and federal funding appears some-
what diminished and the project is being changed, Golden Valley wants each
of the other communities to be aware of these facts, and
WHEREAS, Golden Valley has advised the Bassett Creek Flood Control
Commission of its action and the Bassett Creek Flood Control Commission has
cal led for a new hearing on July 16, 1981, to consider the making of the
Phase I Improvements, and
. ~
WHEREAS, if the Bassett Creek Flood Control Commission orders the
revised Phase I Improvements, Golden Valley desires to proceed as rapidly
as possible to get this Amended Agreement approved by all eight other com-
munities, and
WHEREAS, the revised plan (Phase I) considered and ordered by the
Bassett Creek Flood Control Commission is as follows:
REVISED PLAN - PHASE I
New channel crossings at Noble Avenue, Regent Avenue, 32nd Avenue,
Brunswick Avenue, 34th Avenue, Florida Avenue, and 36th Avenue;
a flood control structure immediately upstream of Highway 100; a
flood control structure between Douglas Drive and Florida Avenue;
excavation of a temporary storage area between this flood control
structure and 36th Avenue; channel improvements downstream of Highway
100 including removal of the Minnaqua Avenue bridge; improvement of
channel between Hampshire Avenue and Louisiana; a flood control
structure at Wisconsin Avenue below Brookview Community Golf
course; and riprap of channel banks
pursuant to Article VI I, Subdivision 4, of the Joint Powers Agreement creating
said Commission. The percentage and amount proposed and ordered to be assessed
each member municipality for such improvements is estimated to be as follows:
Percent After Estimate of
Allow i n 9 For Estimated Federal
Land Credits Project Cost Reimbursement
Crystal 7.32% $ 124,900 $ 25~550
Golden Valley 25.55% 435,800 89,250
Medicine Lake 0.45% 7,700 1 ,750
Minneapol is 13.465~ 229,600 47,250
Minnetonka 3 . 907~ 66,500 13,650
New Hope 1 0 . 1 7% 173,500 35,700
Plymouth 31.26% 533,200 109,200
Robbinsdale 1 . 9 5 ~~ 33,300 7,000
St. Lou i 5 Pa rk 5.94% 101,300 20,650
and
WHEREAS, upon receipt of the final plans and specifications, Golden
Valley will proceed to advertise for bids and award contracts for the Phase
Improvement, and
WHEREAS, Minnesota Statutes Section 471.59 and Chapters 429 and 475
provide that two or more governmental units may enter into a cooperative
agreement for the exercise of any power common to the contracting parties
and the parties hereto do have power to construct flood walls, provide
drainage of surface waters, to construct, reconstruct, extend and maintain
dikes and other flood control works and to finance the same, and Golden
Valley plans to enter into contracts with each of the other Members affected
by these storm, surface and flood waters:
NOW, THEREFORE, IT IS MUTUALLY AGREED By and between the parties
hereto as follows:
1. Golden Valley has hired Barr Engineering Corporation, Inc. to
prepare Phase I plans and specifications for the construction of the afore-
stated projects, which plans and specifications have been approved by
Golden Valley, Crystal and the United States Corps of Army Engineers, and
shall be open for review by other Members of the Commission who shall desire
an individual review of the final plans and specifications.
2. Golden Valley, after the aforementioned approval of plans and
specifications, will advertise for bids for the construction of the afore-
stated project, receive bids pursuant to said advertisement, and enter into
a contract with the successful bidder or bidders at the unit price specified
for the construction of the Improvements. Copies of the bids received will
be furnished by Golden Valley to New Hope , and to the United States
Corps of Army Engineers promptly after opening thereof. Said bids will be
open to review by all Members of the Commission for a period of twenty days
After such bid ~pening. Golden Valley shall award the contract in accordance
with the provisions of Minnesota Statutes Chapter 429 and any other appl icable
state laws and shall conduct all bidding requirements pursuant to the provisions
of Minnesota Statutes Section 429.041.
3. The construction of the entire project contemplated herein shall be
under the supervision and direction of Golden Valley, in consultation with
Crystal, relating to work to be done in Crystal, and all Members of the Com-
mission who have entered into a simi'lar contract with Golden Valley shall have
the right to enter upon the place or places where said construction is in
progress for the purpose of making reasonable tests and inspections.
4. It is agreed:
a) Golden Valley will pay all of the construction costs, engineering
costs and restoration costs as payments become due, from its funds and
from funds received from the other governmental units, subject to the
right of Golden Valley to withhold from contractors for nonperformance
and/or customary or contractually specified reserves. Each of the Members
will pay all costs of right-of-way acquisition and shall receive credit
in accordance with the aforeadopted formula which provides credits in the
amount of $4,000 per acre. Land acquisition which includes structures
shall have the value of the structures included as a capital cost of
this project.
b) The final costs of the Phase I improvements shall be apportioned
and divided between the nine Members of the Commission in the percentage
ratios stated above and as approved after a duly cal led and held publ ic
hearing of the Commission. The final computation of costs shall be
calculated by Barr Engineering Co. pursuant to the approved formula
including land acquisition costs and land credits being attributed to
each Member of the Commission.
c) I~ is further agreed that the cost estimate of one million,
seven hundred and five thousand, eight hundred ($1,705,800) is an
estimate of the total cost of the Phase I Improvement and that the actual
unit price set forth in the contracts with the successful bidders, and
the actual final quantities as measured by the Golden Valley Engineering
Department and Barr Engineering Co. shall govern in computing the
construction contract costs for apportionment pursuant to the aforestated
formula. Land acquisition costs shall be calculated on the basis of
$4,000 per acre of credit plus inclusion of the total capital costs to
the proJect for any structures acquired by any member of the Com~ission
which are necessary to construct this project.
5. Golden Valley and Crystal agree to provide without cost to the other
Members of the Commission any permits necessary for Golden Valley to enter into
any publ ic right-of-way under the respective jurisdiction of either Golden
Valley or Crystal if the consent of said parties is required for construction
and maintenance of these improvements. It is further understood and agreed
that Golden Valley will obtain all necessary construction, slope, storm sewer,
drainage, or other easements to cross private property within its corporate
boundaries, and Crystal will obtain all such necessary easements or rights-of
way within Crystal. The acquisition costs shall be borne by the acquiring
municipal ity who shall receive credit pursuant to the aforestated formula.
6. It is further agreed that within 90 days after an award by Golden
Val ley to the successful bidders, the City of New Hope shall
deposit with the treasurer of the City of Golden Valley, eighty percent (80~)
of the estimated costs of its proportionate share computed as stated in para-
graph four using actual unit prices contained in such .contract with the success-
ful bidder and the engineer's estimated quantities set forth in the construction
contract.
The remai.n~ing twenty percent (20%) of such proportionate share shall be
paid to Golden Valley by the City of New Hnpp upon the com-
pletion of the Improvement and certification by Golden Valley to
New Hope of Golden Valley's final costs for the project. The
final costs to be paid to Golden Valley by the City of New Hope
shall be verified by Barr Engineering COa based upon the aforestated formula
for each Member.
7. The improvements constructed pursuant to this agreement shall become
the property of the City wherein the improvement is located and shall be
maintained by said City where the improvement is located at the sole cost
and expense of the latter. This maintenance requirement may be changed by
the Members of the Commission if the authority is extended to the Commission
and maintenance is included as a portion of the responsibilities of the Com-
mission and duly ordered by the Commission. Golden Valley and Crystal agree
that the Improvements are available for the drainage of surface waters
including the waters flowing to the Improvement from any other Member of the
Commission and from lands located within the Bassett Creek Watershed.
8. Crystal hereby grants to Golden Valley permission to enter into and
upon those portions of publ ic righ~s-of-way under Crystal1s jurisdiction or
under the jurisdiction of Hennepin County or the State of Minnesota if the
consent of Crystal is required, for the purpose of constructing the Improve-
ments. Golden Valley and Crystal agree that they will permit all Members of
the Commission, for the purpose of inspection or review, the right to enter
on to all public rights-of-way included within the Improvement for the purpose
of inspecting the Improvements.
9. Crystal agrees to take all necessary action to provide for access
to public and private lands as may be required for the design and construction
of the Improvement.
lOa All costs which may be reimbursable by the United States Corps of
Engineers shall be paid as all other costs of the project. If or when reim-
bursement is made, each community shall be entitled and shall receive a refund
in the same proportion as they paid toward the costs of the Phase I Improve-
ments. Golden Valley and New Hope agree to cooperate and
jointly urge the funding of this project by the United States of America
pursuant to the approved United States Corps of Army Engineers plan for the
Bassett Creek Watershed. It is further understood and agreed that neither
Golden Valley nor New Hope is bound to p-roceed with Phase I I
construction in conjunction with the Corps of Engineers if the requirement
of the Corps of Engineers are such that the Phase I I construction is not
feasible to those communities within the Bassett Creek Watershed where the
work is to take place, it being understood that the establishment of flood
plain levels and other criteria by the Corps of Engineers could result in
massive land acquisition requirements which would become the responsibility
of the community wherein those rights-of-way must be obtained, and neither
Golden Valley nor New Hopp is bound by this agreement no
committed to a project which would have a major negative effect on that party.
It is further understood that both Golden Valley and New Hope
must approve the Phase I I project before construction is commenced by the
United States of America.
IN TESTIM~Y WHEREOF, the parties hereto cause this Agreement to be
executed by their respective duly authorized officers as of the day and
year first above written.
CITY OF GOLDEN VALLEY
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BY'W ~L\~
I.(~ . ty anager
V
CITY OF NEW HOPE
DATE:
DATE:
Auqust 10, 1981
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RESOLUTION APPROVING AGREEMENT ENTERED
INTO PURSUANT TO PROVISIONS OF THE JOINT
POWERS AGREEMENT ESTABLISHING THE BASSETT
CREEK FLOOD CONTROL CO~~r,1ISSION FOR CONSTRUCTION
OF WORK WITHIN THE CITIES OF GOLDEN VALLEY
AND CRYSTAL, MINNESOTA
WHEREAS, the City of New Hope, as one of nine communities, has heretofore
entered into a Joint PowerstAgreement creating the Bassett Creek Flood Control
Commission, and
WHEREAS, the Bassett Creek Flood Control Commission has, after public
hearing and in accordance with terms of the Joint Powers Agreement, ordered
certain improvements within the Bassett Creek Watershed, and
WHEREAS, the City of New Hope did, after public hearing with published
and mailed notice as required by law, on May 29, 1979, order construction of
Storm Sewer Improvement No. 354; this project being the construction of
storm sewer improvements along Bassett Creek in accordance with the Bassett
Creek Watershed Report and the Barr Engineering Company report of January,
1979 titled IlFeasibility of Constructing Improvements for Flood Control in
Golden Valley and Crystal, and
WHEREAS, the City of Golden Valley has been designated as the member of
the Commission who will contract for Improvements subject to all provisions
of the Joint Powers Agreement, and
WHEREAS, the Cities of Golden Valley and Crystal have incurred serious
flooding problems along Bassett Creek and the Council of the City of New Hope
has heretofore agreed that it is in the interest of ~ll parties to proceed with
the up-stream work necessary to prevent this flooding prior to approval of the
contract under Section 215 of Public Law 90 483.
NOW THEREFORE BE IT RESOLVED as follows:
(1) that the py'oposed agreement between the City of Golden Valley
and the City of New Hope, dated August 27, 1979, and entitled
IIAgreement Entered Into Pursuant to Provisions of the Joint
Powers Agreement Establishing the Bassett Creek Flood Control
Commission for Construction of Work Within the Cities of Golden
Valley and Crystal, ~.1innesota" be and is hereby approved, and
(2) the Mayor and the City Manager are authorized to sign aforesaid
agreement, and
(3) the City Clerk-Treasurer is directed to transmit a certified copy
of this resolution together with a copy of the fully executed
agreement to the City Clerk of Golden Valley.
Passed by the City Council this 2~ of A~, 1979.
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ATTEST: (~~._~~/ ?Zd..-(.J~//L-'
Betty Po'u.l/iot, City Clerk-Treasurer
RESOLUTION ORDERING CONSTRUCTION OF
STORM SEWER IMPROVEMENT NO. 354
BE IT RESOLVED by the City Council of the City of New Hope as follows:
1. This Council held a public hearing the 29th day of May, 1979 at
7: 00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on
proposed Storm Sewer Improvement No. 354 (Bassett Creek Flood Control
Project) of the City, after notice of said hearing was duly published as re-
quired by law in the New Hope-Plymouth Post, the official newspaper of
the City, on I\.qay 10 and 17, 1979.
2 . This Council has examined and approved the Affidavit pertaining
to the mailing of notices of said hearing to the owners of all parcels within
the area proposed to be assessed , and has examined and approved the
mailing list containing the names and addresses of all such 01,vners; this
Council further notes that the estimated cost of the improvement as specified
in the mailed notice 1,vas less than the estimated cost as presented at the
public hearing due to the fact that capitalized interest had been omitted
from the mailed notice, as well as from the first published notice; this
Council hereby finds, determines and declares that notice of said hearing
'was duly mailed the owners of each and all parcels within the area proposed
to be assessed in accordance "\vith and as required by law ·
3. The Notice of Public Hearing was published in the official newspaper
of the City for two successive weeks. The estimated cost of the improvement
contained in the first publication was incorrect, since the estimated cost
failed to include interest during the construction of the improvement as noted
in the preceding paragraph. The estimated cost contained in the second
publication vvas amended to include interest during the construction of the
improvement.
4. That all persons desiring to be heard were given an opportunity
to be heard thereon, and this Council having considered the views of all
persons interested and being fully advised as to the pertinent facts, does
hereby determine to proceed with the making of said proposed improvement,
and said improvement is hereby ordered.
5. The area proposed to be assessed to pay the cost of said improvement
shall include the property described in the Notice of Public Hearing pertaining
thereto ~
Attest:
(8 eal)
Adopted by the City Council this 29th day of 1\1ay, 1979.
~A I:. ,. "'<:': ~ --r
E~~ J. Erickson, l\1ayor
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- 2 -
RESOLUTION RELATING TO STORM SEVffiR IlVIPROVEl\ffiNT TAX
DISTRICT; PROVIDING FOR A PUBLIC HEARING THEREON, STORlVI
SEVffiR Il\IPROVEl\'lENT NO. 354 (BASSETT CREEK FLOOD CONTROL PROJECT)
BE IT RESOLVED by the City Council of the City of New Hope, l\t!innesota (the City) , as follows:
Section 1. Recitals. It has been proposed that the City Council adopt an ordinance establishing within the
corporate limits of the City a Storm Se'Ay'"er Improvement Tax District pursuant to !vlinnesota Statutes, Section 9 444.17
(the District) , that the City undertake an improvement V\Tithin the District consisting generally of acquiring, constructing,
reconstructing, extending, maintaining and improving storm sewer systems and related facilities within the District
and the acquiring, constructing, maintaining and improving for the benefit of the District storm \vater holding areas
and ponds within and without the corporate limits of the City (the Improvement) , that the cost of the Improvement be
recovered by the tax authorized in I\Ii-nnesota Statutes, Section 9 444.20, and that a public hearing be held on the
question of 'w'hether the District should be established. The area of the City proposed to be included within the District
is described as follo\vs:
Premises in the State of lVlinnesota, County of Hennepin, City of New Hope in Tov/nship 118, Range 21, West, described
as being '\vithin the follo'\ving described boundary:
Beginning at the south quarter corner of Section 20; thence northerly 2 ,325 feet + to the South line of the N 1/2 of the
NE 1/4 of the S\v 1/4; thence vlesterly 1,295 feet + to the \\Test right-of-way line of the !vlinneapolis, Northfield and
Southern Railroad; thence southerly 992 feet:. to the North line of the SW 1/4 of the S\V 1/4; thence westerly 3,888
feet + to the S\V corner of the N\v 1/4 of the SE 1/4 of Section 19; thence northerly 1,986 feet + along the centerline of
SectiOn 19 to the North line of the S 1/2 of the S\V 1/4 of the NE 1/4; thence easterly 1,305 feet + to the West line of the
E 1/2 of the NL 1/4; thence northerly 1,330 feet!.. to the South line of the N 1/2 of the NE 1/4 of the NE 1/4; thence
easterly 1,310 feet + to the East line of Section 19; thence southerly 1,990' + along the East line to the Vvest quarter corner
of Section 20; then~ easterly 655 feet + to the East line of the \V 1/2 of the S"\v 1/4 of the N\V 1/4; thence northerly 1,325
feet to the South line of the N 1/2 of the N\'l 1/4; thence easterly 1,320 feet + to the "iest line of the E 1/2 of the NE 1/4
of the NW 1/4; thence northerly 1,325 feet!. to the North line of Section 20; -thence easterly 660 feet:. to the South
quarter corner of Section 17; thence northerly along the centerline of section to the center of Section 17; thence \vesterly
268.15 feet; thence southerly 30 feet to the North\vest corner of Lot 1, Block 7, Gwynnco 2nd Addition; thence south,vesterly
78.68 feet to the N\V corner or Lot 1, Block 3, Gwynnco 2nd Addition; thence southw'esterly 65 feet to the NVv corner of
Lot 2, Block 3, G\vynnco 2nd ..:;'ddition; thence south'westerly 65 feet to the NW corner of Lot 3, Block 3, G\vynnco 2nd
Addition; thence south~"lesterly 65 feet to the NW corner of Lot 4, Block 3, Gwynnco 2nd Addition; thence south'\vesterly
70 feet to the NVv corner of Lot 5 ~ Block 3, Gwynnco 2nd Addition; thence south'\vesterly 70 feet to the N\'l corner of Lot 6,
Block 3, Gwynnco 2nd Addition; thence south\vesterly 55 feet to the NE corner of Lot 7, Block 3, O\'lynnco 2nd Addition;
thence southwesterly 55 feet to the NE corner of Lot 8, Block 3, G\vynnco 2nd Addition; thence southwesterly 55 feet to
the NE corner of Lot 9, Block 3, GViynnco 2nd Addition; thence south,vesterly 60 feet to the NE corner of Lot 10, Block 3.
Gwynnco 2nd Addition; thence south\vesterly 60 feet to the NE corner of Lot 11, Block 3, O'\vynnco 2nd Addition; thence
south\vesterly 68 feet to the NE corner of Lot 12, Block 3, Gwynnco 2nd Addition; thence south'\vesterly 70 feet to the
NE .comer of Lot 13, Block 3, Gv;ynnco 2nd Addition; thence southwesterly 70.82 feet to the NE corner of Lot 2, Block 4,
Gwynnco Addition; thence south,":esterly 120.71 feet to the NW corner of Lot 2, Block 4, G'\vynnco Addition; thence
southwesterly 60 feet to the NE corner of Lot 9, Block 1, Gwynnco Addition; thence southwesterly 176.1 ft. to the
NW corner of Lot 9, Block 1, Gv;ynnco }'_ddition; thence 'W'"esterly 105 feet to the 'Vest right of \vay line of the
Minneapolis, Northfield and Southern Railroad; thence S33030' W 840 feet + to a point on the South line of the NW 1/4
of the SW 1/4, 850 .19 feet East of the 'Vest line of Section 17; thence '\vesterly 400 feet along the South line of the N1V 1/4
of the SW 1/4; thence north,vesterly 685 feet + to a point on the \Vest line of Section i 7 1,842.48 feet North of the southv{est
corner of Section 17; thence North 789.38 feet to the '\\'est quarter corner of Section 17; thence 'Vest along the centerline
of Section 18 1,440 feet +; thence North 590 East 240 feet +; thence North .340 East 110 feet +; thence North 760 West 450 feet
+ to a point on the South-line of the N\V 1/4 of the NE 1/4,-Section 18; thence northerly 125-feet + to the south'\vest corner of
Lot 14, Block 3, Sandra Terrace .A.ddition; thence northerly 887 . 97 feet to the southeast corner 'Of Lot 2, Block 3, Sandra
Terrace Addition; thence '\\Testerly 37 . 68 feet to the south'\vest corner of Lot 2, Block 3, Sandra Terrace Addition; thence
northeasterly 123.08 feet to the northv.,rest corner of Lot 2, Block 3, Sandra Terrace Addition; thence northvvesterly 280
feet + to the northeast corner of Lot 1, Block 2, Sandra Terrace Addition; thence \vesterly 130. 01 feet to the north'\vest
corner of Lot 1, Block 2, Sandra Terrace Addition; thence southerly 478.42 feet to the southeast corner of Lot 24, Block 2 ,
Sandra Terrace Addition; thence '\vesterly 130 feet to the southwe st corner of Lot 24, Block 2; thence south\vesterly 145
feet + to the southeast corner of Lot 7 , Block 1, l\lidviestern Properties Addition; thence westerly 253. 59 feet to the
northeast corner of Lot 8, Block 1, Ridgevie,v Addition: thence southerly 544.27 feet to the centerline of County Road 9;
thence westerly 1.015 feet:::. along the centerline of County Road 9 to the East line of the ~'"1V 1/4 of the N\V 1/4 of Section 18;
thence northerly along the East line of the N\V 1/4 of the N\V Ii 4 of Section 18; 660 feet + to the South line of the North
463.50 feet of the N1fV 1/4 of the N\\1 1/4; thence westerly along the South line of the North 463. 5 feet of the N\V 1/4 of the
NW 1/4 478 feet ::.; thence northerly 337 feet!. to the southeast corner of Lot 13, Block 2, Gettysburg Hills Addition; thence
northeasterly 138.13 feet to the northeast corner of Lot 13, Block 2, Gettysburg Hills Addition; thence westerly 12.4
feet:!: to the southeast corner of Lot 5, Block 6, Hillsborough !\lanor ...-\ddition, Section 7; thence northerly 130.28 feet to
the northeast corner of Lot 5, Block 6, Hillsborough ?\cIanor Addition; thence Vw"esterly 6 8.6 feet + to the north,vest corner
of Lot 5, Block 6, Hillsborough ~Ianor Addition; thence northv;esterly 68.6 feet + to the northwest corner of Lot 6, Block 6,
Hillsborough l\tanor Addition; thence northvvesterly 71.2 feet + to the north\vest corner of Lot 7 , Block 6, Hillsborough
Manor Addition; thence northwesterly 116.1 feet!.. to the north\vest corner of Lot 8, Block 6, HiUsborough IVlanor Addition;
thence westerly 130.18 feet to the north"vest corner of Lot 9, Block 6, Hillsborough :\Ianor Addition; thence '\vesterly 60
feet + to the northeast corner of Lot 11, Block 4, Hillsborough l\lanor Addition; thence westerly 210 feet + to the \Vest line
of Section 7; thence southerly 225 feet + to the northvlest corner of Section 18; thence southerly along theWest line of
Section 18 2,660.96 feet to the \Vest quarter corner of Section 18; thence southerly along the \Vest line of Section 18 to
2,660 feet to the northwest corner of Section 19; thence southerly along the 'vest line of Section 19 2,657.34 feet to the
West quarter corner of Section 19; thence southerly along L1.e \Vest line of Section 19, 2,650.86 feet to the south\vest
corner of Section 19; thence easterly ?long the South line of Section 19, 2,676.41 feet to the South quarter corner of
Section 19; thence easterly along the South line of Section 19, 2,592.48 feet to the southwest corner of Section 20; thence
easterly along the South line of Secti.on 20, 2,589.89 feet to the South quarter corner of Section 20 and there terminating.
Section 2. Public Hearing. P. public hearing shall be held l\Iay 29, 1979 at 7: 00 P .1\1:. at the City Hall, 4401
Xylon Avenue North, in New Hope, l\Iinnesota, for the purpose oi considering the question of whether the District
should be established (the Public Hearing) .
Section 3. Notice. The City Clerk-Treasurer is authorized and directed to publish in the New Hope-Plymouth
Post a Notice of Public Hearing on the question of \vhether the District should be established (the Public Notice). The
Public Notice shall state the time, place and purpose of the Public Hearing t the general nature and estimated cost of
the Improvement, the area proposed to be included ,,,-ithin the District and the method in which the Ciy proposes to
recover the cost of the Improvement. The Public Notice shall be published for two successive weeks, the last publication
being not less than seven days prior to the Public He~aring. Not less than ten days before the Public Hearing the City
Clerk-Treasurer shall cause notice thereof to be mailed to the ow'ner of each parcel of land \vithin the District.
Dated the 23rd day of April, 1979.
Attest:
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August 7, 1981
City of New Hope
4401 Xylon Avenue No.
New Hope, Mn. 55428
Attn: Mr. Harlyn Larson
Re: File No. 34
Bassett Creek Flood Control
Dear Harlyn,
(;/i.'1/l1 R. Cook, r,E.
A"l'l1lz A. Gordon. 1'.1:".
11W/1l!lS F. Noyn, P.E.
R iclzarcl lV. FOJtcr, 1'.1:',
!?o!Jcrt G. Schcmicht, 1'.1:'.
Marrill L Son-ala. r.E.
f)()1wld C. Burgardt. 1'.1::.
inr)' ..4. Bourd01l, P.l:".
.Hark A.Ha1lson. P.1:".
('/wrh's A. Eri('f.:.\'fl/I
1.('rI At. Puwclsk.,
II eJr/w: J\f. OlSOl1
!){/\'id F. Olsoll
We have reviewed the amended joint powers agreement for the Bassett Creek
flood control project. The proposed project is in accordance with the origin-
al plan except that no embankment at T.H. 100 will be constructed and the
floodproofing of homes in Golden Valley would not be completed. The plan has
added the cleanout of the ditch in Crystal between Hampshire and Maryland Ave-
nue.
The plan does not include any work in the main channel of Bassett Creek which
was originally estimated @ $31,150 and will be completed at a later date. The
estimated cost of New Hope's share of the work to be completed is $173,500
with an estimated federal reimbursement of $35,700. It would be our opinion
that the Federal reimbursement will not occur and the City should consider the
full $173,500 as their share.
We would recommend that the agreement be executed as presented.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
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Glenn R. Cook
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BARR ENGINEERING CO.
CONSULTING ENGINEERS
DOUGLAS W. BARR
JOHN D. DICKSON
L, R. MOLSATHER
ALLAN GEBHARD
LAWRENCE Vv. GUBSE
LEONARD J. KREMER
DENNIS E. PAU.1ER
WARREN W. HANSON
6800 FRANCE AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55435
TELEPHONE (AREA 612) 920-0655
----------
M E MaR AND U M
TO:
FROM:
SUBJECT:
DA TE :
Bassett Creek Design File
Barr Engineering Co.
Cost Estimates for Bassett Creek Flood Control Project
December 22, 1980
The estimated costs to construct the Bassett Creek Flood Control Project
have been updated. The estimated costs reflect expected construction cost
impacts of the Corps of Engineers' comments on the plans and specifications
dated October 31, 1980. The project description and cost breakdown for
specific features is attached in Table 1. Project costs are summarized in
Table 2. The cost sharing of the local first cost by the nine municipalities
;s shown in Table 3~
Based on the costs shown in Table 2, the Alternate Plan has a local
first cost of about $41,600 less than the local first cost of the Corps of
Engineers' plan. Actions which could further reduce the local first cost
of the Alternate Plan have been considered. The first action would be to
eliminate the acquisition of the house within the Edgewood storage area.
For the Alternate Plan, adequate volume can be excavated without the excavation
of the hill upon which the house is located resulting in an estimated cost
saving of $121,700. The second action would involve the size reduction in
the box culverts at 36th and Hampshire Avenues resulting in a cost saving
estimated at $30,160. The next action would involve the elimination of riprap
protection at selected crossings and along the channel between Hampshire and
Louisiana Avenues. At these selected locations, the riprap protection is
not essential for the protection or stability of the crossing, but would
aid in stabilizing the channel bed and channel banks. The elimination of the
riprap protection is estimated to result in a cost saving of $55,000. The
last action considered would involve deferring the improvement of the Douglas
Drive crOSSing until the Hennepin County Department of Transportation improves
Douglas Drive. For the 100-year frequency flood, no flood damage would occur
MEMORANDUM--Bassett File
Page 2
December 22, 1980
because of the existing crossing provided the Edgewood storage area is developed
upstream and the 34th Avenue crossing is improved downstream. This action
has been discussed with the staff at the City of Crystal and it is felt that
it was likely that the City would be opposed to the action. The staff was
concerned that the County would eventually assess the City of Crystal for the
cost of the crossing. Discussions with the County indicate that since a crossing
of a public water already exists, that the County would most likely absorb the
total cost to provide an adequate waterway as part of the roadway improvement.
Provided that approval could be obtained from the City of Crystal, the estimated
cost saving for the flood control project would be $43,000. The last action
to reduce project costs would be the elimination of flood-proofing measures
for 18 homes along the Main Stem of Bassett Creek ($324,100).
Assuming that all the above cost saving actions were incorporated into
the Alternate Plan (Reduced Cost Alternate Plan), the local first costs would
be $615,600 less than the local first cost for the Corps of Engineers. plan
as shown in Table 2. The cost sharing by the nine communities is shown in
Table 3.
TABLE 1
B;L\SSETT CREEK FLOOD CONTROL
PROJECT DESCRIPTION
Corps of Engineers' Plan
Alternate Plan
HYDROLOGY:
---
HYDROLOGY:
The hvdroloq;c model for the design is based on the
Corps- or Engineers' methods. The basis of the model
is presented in Report on the Bassett Cre~: Watershed
Hvdroiooy for Existina Land Use. Febr'uary, 1930,
Report on the Bassett-'Creek Hatershed Hydr'ology for
Ultimate Land Use, February, 1980, and Report on the
Bassett Creek I'later'shed Hydl~ology, Uppe-r-rrare~
with Project, October, 1980, all of which were prepared
for the St. Paul District Corps of Engineers.
These reports develop discharge-frequency curves for
locations of interest in the watershed. Many of the
assumptions and methods used in the analysis are
extremely conservative, resulting in a discharge-
frequ~ncy curve which over estimates the magnitude
and volumes of the streamflm'/s for a particular
frequency storm. Basing the design of these frequency
curves tends to provide flood dama0e protection some-
what in excess of the design frequency indicated.
Compared to the hydrologic model used for the alternate
plan, the Corps of Engineers' design flood ("100-yearU)
really represents a flood frequency ranging from about
200-year to about 50D-year, depending on location.
CROSSINGS AND GENER~L:
Enlaroed culverts will be constructed at Noble Avenue,
Regent Avenue, 32nd Avenue, Brunswick Avenue, 34th
Avenue, Douglas Drive, Georgia Avenue, and 36th-
Hamoshire Avenues. Inlet and outlet channels will be
riprapped for protection against scour and bank erosion.
The Minnaqua Drive crossing will be removed and a
cul-de-sac constructed. The Florida Avenue crossing
will be removed and a cul-de-sac constructed. A flood
storage area will be excavated along the North Branch
between Edgewood Avenue extended and 36th-Ha~pshire
Avenue. One home will be removed to allow excavation.
A total or over 33,000 cubic yards of earth materials
will be excavated.
Estimated Costs:
Total
Local
Federal
$1,711,321
51,529,818
$ 181,503
i,"H. 100 STORAGE BASIN:
An earth embankment will be constructed alona Vera
Cruz Avenue and 29th Avenue, then northwestv/ard across
Bassett Creek Park to high ground.
The existing box culverts at T.H. 100 will be extended
60 feet. At the inlet to the extended box culverts a
75 foot wide by 15 foot long concrete drop box spillway
will be constructed.
The design flood level will be increased from approxi-
mately El. 848.8 to El. 849.9. The storage volume will
increase from 200 acre-feet to 205 acre-feet. The
design flood peak discharge will be decreased from 1,330
cfs to 955 cfs.
Estimated Costs:
Tota 1
Local
Federal
$683,573
S 92,191
$591,382
The hydrologic model for the design is consistent
with the hydrology presented in the Watershed Manaqe-
ment Plan for Bassett Creek, February, 1972, as pre-
prepared by the Bassett Creek Flood Control Commission.
The runoff hydrographs represent the response to a
lOO-year frequency rainfall event on a watershed in a
state of ultimate urbanization. The resulting stream-
flows represent the 100-year flood discharges and
runoff volumes for the Bassett Creek watershed.
When compared to the Corps of Engineer1s hydrology,
the peak discharges and the volume of runoff from the
Management Planls hydrology are consistently lower.
CROSS I NGS AND GEi~ERAL:
Same features as Corps of Engineers I plan. The flood
discharges will be slightly different than the design
discharges used for the Cor~s of Engineer1s plan. ThesE
differences do not require a redesign of the crossings,
however, since no changes would be expected to result
in culvert sizes or the amount of excavation required.
Estimated Costs:
Total
Local
Federal
$1,549,227
$1,549,227
$0
T.H. 100 STORAGE BASIN:
No earth embankment will be constructed.
At the inlet to the existing concrete box culverts~ a
21 foot \d de by 9 foot long concrete drop box spi 1 1\o/ay
will be constructed.
The 100-year flood level will be increased from El.
846.0 as shown in the Manaaement Plan to El. 848.8.
The storage volume will bewincreased from 152 acre-feet
to 204 acre-feet. The lOa-year peak discharge will be
decreased from 1,000 cfs to 500 cfs.
Estimated costs (Not including flOOd-proofing of three
homes along Vera Cruz):
Tota 1
Local
Federa 1
$47,179
S47~179
SO
TABLE 1 (Continued)
CorDS of Engineers' Plan
EDGEWOOD STORAGE BASIN:
An earth embankment will be constructed across the valley
at Edgewood Avenue extended. The top of the embankment
~ill be at El. 337.0.
Near the upstream toe of the embankment, a large concrete
drop box spillway will be constructed. For flows up
to the design flood, a 60 inch equivalent pipe through
the upstream \'Jall vlill regulate the flood flo\'ls. For
flows greater than the design flood, flows will enter
the drop box and flo\'l under the embankment through two
120 inch equivalent pipes.
The design flood level upstream of the earth embankment
will be El. 879.0. The storage volume at the design
flood level will be 19 acre-feet. The design flood
peak discharge will be 300 cfs.
Estimated Costs:
Total
Local
Federal
5255,581
SO
S255,581
BROOKVIEH STOR!l.GE BASIN:
At the inlet to the Highway 55 crossing near Boone
Avenue North, a drop box spillway will be constructed.
The upstream wall of the drop box will have an orifice
to pass low flows.
The design flood level upstream of the crossing will be
increased from about El. 888.5 to El. 888.8. The flood
storage vo 1 ume It"; 11 be increased fl"om 390 acre-feet to
.i!i..45 acre-reet. The design flood peak discharge \.till be
decreased from 810 cfs to 370 cfs.
Estimated Costs:
Total
Local
Federal
555,991
511,198
$44,793
EIGHT-OF-HAY:
r'~3 ri ght-of-vlay costs have been i ncl uded for the Corps
of Engineersl plan since they have not yet made a final
deterrni na ti on of v/ha t thei)" requi rements \'Ii 11 be. The
tmDst recently discussed requirement would involve acquisi-
tiun of easements on all properties up to an elevation of
1 foot above the design flood elevation around all
storage areas. This requirement could be cost prohibitive
at areas such as T.H. 100, Golden Valley Golf Course,
Brookview Golf Course and Medicine Lake.
~~e Corps of Engineers' plan requires that four (4) homes
i~ the vicinity of the T.H. 100 storage area be flood-
proofed at the expense of the local sponsors. The Corps
of Engineers has classified this work as right-af-way
acquisition for the storage area. The preliminary cost
estimated for this work on the four homes is $76,149.
FLOOD-PROOFING:
lqaddition to flood-proofing the 4 homes upstream of
i~~. 100 for right-of-way acquisition, 24 addi~ional homes
alnng the Main Stem of Bassett Cre~k would b~ rlood- .
o~~ofed," The preliminary cost estlmate for rlood-prooflng
Gf the 24 homes is $443,000.
Alternate Plan
EDGEHOOD STORAGE BAS Hi:
An earth embankment will be constructed across the val
at Edoe\-/ood Avenue extended. The top of the embankmer
will be at El. 880.0. -
For flows up and including the lOO-year flood, a 60 ir
equivalent pipe through the embankment will regulate
the flood flows. Flows greater than the 100-year floc
\-;i11 be regul.ated by the 60 incl1 equivalent pipe until
the headwater exceeds E1. 880 causino the embankment t
be overtopped. The crest and downst~eam slope of the
embankment will be heavily armored with riprap to mini
mize erosion damaae. The riorao will be covered with
topsoi 1 and grass -- unt i 1 er-os i on' by the extreme flood
event exposes the riprao.
The IOO-year flood level upstream of the earth embank-
ment will be El. 877.8. The storaae volume at the
IOO-year flood level will be 14 ac~e-feet. The 100-
year peak discharge will be 280 crs.
In conjunction with the construction of this alternate
plan, the North Branch channel between Hampshire
Avenue and Louisiana Avenue will be imoroved. The
channel will be excavated to form a traoezoidal channe
section with a 4 foot to 6 foot bottom ~idth. The
banks of the improved channel will be riprapped for
protection against streanbank erosion.
Estimated Costs:
Tota 1
Local
Federal
$102,786
5102,786
SO
BROOKVID.l STORAGE BASIN:
Same as Corps or Engineersl plan except that the spill.
way elevation and the size or the low-flow orifice wil
be slightly different.
The 100-vear flood level will be increased from El.
886.0, as sholtm in the t";anaoement Plan to El. 888.0.
The storage volume for the iOO-year flood will be
310 acre-feet. The lOO-year peak discharge will be
320 cfs.
Estimated Costs:
To ta 1
Local
Federal
$59,530
559,530
SO
RIGHT-OF-HAY:
No right-of-way costs have been included for the
Alternate Plan to provide a clear comparison of the
t\'1D plans. Ri ght-of-\'lay acqui s i ti on for thi s plan
would include easements on all properties up to an
elevation equal to the lOO-year elevation around all
storage areas.
This plan would involve the flood-proofing of six (6)
homes in the vicinity of T.H. 100 stor~age area. Since
the lOO-year flood level is lower than the Corpsl desic
flood elevation, one of the homes that requires flood--
proofing under the Corps' plan would not be flood-
proofed under this plan. In addition, three homes
along Vera Cruz at T.H. 100 would require flood-proofir
since there would not be an earth embankment to
contain the flood waters on Bassett Creek Park. The
preliminary cost estimate for this work on the six
homes is 5101,201.
FLOOD-PROOFING:
In addition to flood-proofing the 6 homes upstream of
T.H. 100 for right-of-way acquisition, 18 additional
homes alonq the Main Stem of Bassett Creek would be
flood-Droo~ed. The preliminary cost estimate for flood
proofing of the 18 homes is 5324,125.
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SUMMARY OF
FLOOD-PROOFING COST1
With Corps of Engineers Plan
(Section 215 Agreement)3
$443,000.00
With Alternate Plan2,3
$324,125.00
lNo including cost to flood-proof homes at T.H. 100.
2Cost does not include decorating or landscaping.
3Including estimated A-E costs of 10%.
City of Golden Valley
July 29, 1980
Colonel Will iam W. Badger
St. Paul District Corps of -Engineers
1135 U.S. Post Office
St. Paul, Minnesota 55101
Dear Colonel Badger:
Thank you for the advice and direction you provided at Our meeting of July 24, 1980.
We feel we now have a better understanding of how to proceed in a manner that will
best aSSure continued cooperation between the Corps of Engineers and the Bassett
Creek Flood Control Commission.
Increasing costs of the project and seVere 1 imitations on local funding have convinced
us that OUr Options are limited. As we discussed at our meeting, I will outl ine the
action We plan to take and await Your reply that our proposal is within the terms of
the 1979, Section 215 Agreement between the Army Corps of Engineers and the City of
Golden Valley.
Golden Valley, as the COoperating Agency, will authorize Barr Engineering to prepare
plans and specifications for the flood Control project described in the Section 215
Agreement. Because of increased funding problems at the local level, these plans will
be based on Barr Engineering's designs for a flood of laO-year frequency. Using these
plans, Golden Valley will advertise for bids at the earl iest Possible date to take
advantage of current 1980 trends tOward contract proposals resulting from under-
employment in this area. We recognize that there may be differences betwe~n Barr
Engineering's design criteria and the oPtimum desired by the Corps. We further
recognize that these differences may affect the basis of reimbursement as provided
in the Section 215 Agreement. However, the designs, plans, specifications, estimates,
and arrangements for prosecution of the Work will be made available to your office
for review and approval. Accordingly, we understand that our propOsal for award of
contract at this time is within the terms of our 215 Agreement and does not require
prior approval. We are encoUraged, in reflecting on our meeting, to bel ieve that
at some time in the future, the Overall project will be accepted. Specifically at
this time we are asking: Can bids be let, contracts awarded, and work commenced
for the project described in Article I of the Section 215 Agreement without prior
approval of plans and specifications by the Corps and still qualify for reimbursement
pursuant to Article IV? If so, what revi~s and approvals will be required?
Civic Center, 7800 Golden Valley Rd., Golden Vallev MinnMr\t<:> c C A ^_ ,_ _ _ _
Colonel William Badger
July 29, 1980
Page Two
We agree with YOur comments, Colonel Badger, that this project is a good one and a
Shining example of cooperation between nine communities and the Army Corps of Engineers.
Hopefully, all participating parties will be proud of it for a long time. We appreciated
the time and interest you and your staff took to come out to Golden Valley to help move
this project ahead. I would I ike to do whatever I can do to facil itate the communication
process. I look forward to our working with Project Director, Doug Baird, and to
meeting with you again if such necessity arises.
Although We understand you cannot give an absolute guarantee, our abil ity to proceed
as just described depends on what assurances you can give us that Our proposal is
within the terms of Our 215 Agreement. If we cannot receive adequate assurance in
time to advertise for bids during this construction year, We will be required to re-
evaluate that agreement. Because time is of great importance to the decision required,
we anticipate an early reply from you.
Sincerely,
'-- (~~ ~~ = ~U~~~
' Ro:~mary Th~
Mayo r
RT / tj 5
cc: Bassett Creek Flood Control Commission
Crystal - Mayor, P. Meintsma, City Manager, J. Irving
Medicine Lake - Mayor N. Sorensen
Minneapol is - Mayor D. Fraser, City Coordinator, D. Niklaus
Minnetonka - Mayor K. Yager, City Manager, J. Miller
New Hope - Mayor, E. Erickson, City Manager, H. Larson
Plymouth - Mayor H. Hunt, City Manager, J. Will is
Robbinsdale - Mayor, H. lange, City Manager, W. Fehst
St. louis Park - Mayor, P. McQuaid, Acting City Manager, B. Thibault
~,
~
Premises in the State of Minnesota, County of Hennepin, City of New Hope in Township 118, Range 21, West, described
as being within the fOllowing described boundary:
Beginning at the south quarter corner of Section 20; thence northerly 2,325 feet + to the South line of the N 1/2 of the
NE 1/4 of the S W 1/4; the nee we sterly 1,295 feet + to the west right-of-way line of the Minneapolis, N orthfield and
Southern Railroad; thence southerly 992 feet + to the North line of the SW 1/4 of the SW 1/4; thence westerly 3,888
feet + to the S W corner of the NW 1/ 40f the SE -1/ 4 of Section 19; thence northerly 1, 986 feet + along the centerline of
Section 19 to the North line of the S 1/2 of the SW 1/4 of the NE 1/4; thence easterly 1, 305 feet + to the West line of the
E 1/2 of the NE 1/4; thence northerly 1,330 feet + to the South line of the N 1/2 of the NE 1/4 orthe NE 1/4: thence
easterly 1,310 feet ~ to the East line of Section 19; thence southerly 1, 990' :: along the East line to th e West quarter corner
of Section 20; thence easterly 655 feet.;. to the East line of the W 1/2 of the SW 1/4 of the NW 1/4: thence northerly 1,325
feet to the South line of the N 1/2 of the NW 1/4; thence easterly 1,320 feet + to the West line of the E 1/2 of the NE 1/4
of the NW 1/4: thence northerly 1,325 feet + to the North line of Section 20; thence easterly 660 feet + to the South
quarter corner of Section 17; thence northerly along the centerline of section to the center of Section 17; thence westerly
268.15 feet; thence southerly 30 feet to the Northwest corner of Lot 1, Block 7, Gwynnco 2nd Addition; thence southwesterly
78.68 feet to the NW corner of Lot 1, Block 3, Gwynnco 2nd Addition; thence southwesterly 65 feet to the NW corner of
Lot 2, Block 3, Gwynnco 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 3, Block 3, Gwynnco 2nd
Addition; thence south"lesterly 65 feet to the NW corner of Lot 4, Block 3, Gwynnco 2nd Addition; thence southwesterly
70 feet to the NW corner of Lot 5, Block 3, GwynnCO 2nd Addition: thence southwesterly 70 feet to the NW corner of Lot 6,
Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to the NE corner of Lot 7, Block 3, Gwynnco 2nd Addition;
thence southwesterly 55 feet to the NE corner of Lot 8, Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to
the NE corner of Lot 9, Block 3, Gwynnco 2nd Addition; thence southwesterly 60 feet to the NE corner of Lot 10, Block 3,
Gwynnco 2nd Addition; thence southwesterly 60 feet to the NE corner of Lot 11, Block 3, Gwynnco 2nd Addition; thence
southwesterly 68 feet to the ~'E corner of Lot 12, Block 3, Gwynnco 2nd Addition: thence southwesterly 70 feet to the
NE corner of Lot 13, Block 3, Gwynnco 2nd Addition: thence southwesterly 70.82 feet to the NE corner of Lot 2, Block 4,
Gwynnco Addition; thence southwesterly 120. 71 feet to the NW corner of Lot 2, Block 4, Gwynnco Addition: thence
southwesterly 60 feet to the NE corner of Lot 9, Block 1, Gwynnco Addition; thence Southwesterly 176.1 ft. to the
NW' corner of Lot 9, Block I, Gwynnco Addition; thence westerly 105 feet to the West right of way line of the
Minneapolis, Northfield and Southern Railroad; thence S33030' W 840 feet + to a point on the South line of the NW 1/4
of the SW 1/4, 850.19 feet East of the West line of Section 17; thence westeriy 400 feet along the South line of the NW 1/4
of the SW 1/4; thence northwesterly 685 feet + to a point on the West line of Section 17 1,842.48 feet North of the Southwest
corner of Section 17; thence N 011h 789. 38 feet to the West quarter corner of Section 17; th ence West along the center line
of Section 18 1,440 feet +; thence North 590 East 240 feet +; thence North .340 East 110 feet +; thence North 760 West 450 feet
+ to a point on the South-line of the NW 1/4 of the NE 1/4,-Section 18; thence northerly 125feet + to the southwest corner of
Lot 14, Block 3, Sandra Terrace Addition; thence northerly 887.97 feet to the southeast corner of Lot 2, Block 3, Sandra
Terrace Addition; thence westerly 37. 68 feet to the southwest corner of Lot 2, Block 3, Sandra Terrace Addition: thence
northeasterly 123. 08 feet to the northWest corner of Lot 2, Block 3, Sandra Terrace Addition: thence northwesterly 280
feet:: to the northeast corner of Lot 1, Block 2, Sandra Terrace Addition; thence Westerly 130.01 feet to the northwest
corner of Lot 1, Block 2, Sandra Terrace Addition; thence southerly 478.42 feet to the southeast corner of Lot 24, Block 2,
Sandra Terrace Addition; thence Westerly 130 feet to the southwest corner of Lot 24, Block 2; thence southwesterly 145
feet:: to the southeast corner of Lot 7, Block 1, Midwestern Properties Addition: thence westerly 253.59 feet to the
northeast corner of Lot 8, Block 1, Ridgeview Addition; thence southerly 544.27 feet to the centerline of County Road 9;
thence Westerly 1.015 feet ~ along the centerline of County Road 9 to the East line of the NW 1/4 of the NW 1/4 of Section 18;
thence northerly along the East line of the NW 1/4 of the NW 1/4 of Section 18; 660 feet + to the South line of the North
463,50 feet of the NW 1/4 of the KW 1/4: thence westerly along the South line ofthe North 463.5 feet of the NW 1/4 of the
NW' 1/4 478 feet::; thence northerly 337 feet ~ to the southeast corner of Lot 13, Block 2, Gettysburg Hills Addition; thence
northeasterly 138.13 feet to the northeast corner of Lot 13, Block 2, Gettysburg Hills Addition; thence westerly 12.4
feet + to the southeast corner of Lot 5, Block 6, Hillsborou gh Manor Addition, Section 7; thence northerly 130.28 feet to
the northeast corner of Lot 5, Block 6, Hillsborough l\lanor Addition; thence westerly 68.6 feet + to the northwest corner
of Lot 5, Block 6, Hillsborough Manor Addition; thence northwesterly 68.6 feet + to the northwest corner of Lot 6, Block 6,
Hillsborough Manor Addition; thence northwesterly 71.2 feet ~ to the northwest corner of Lot 7 , Block 6, Hillsborough
Manor Addition; thence northwesterly 116.1 feet + to the northwest corner of Lot 8, Block 6, Hillsborough Manor Addition;
thence westerly 130.18 feet to the northwest corner of Lot 9, Block 6, Hillsborough ::\Ianor Addition; thence westerly 60
feet + to the northeast corner of Lot 11, Block 4, Hillsborough ;'tIanor Addition; thence Westerly 210 feet + to the West line
of Se~tion 7; thence southerly 225 feet + to the northwest corner of Section 18; thence southerly along the West line of
Section 18 2,660. 96 feet to the West quarter corner of Section 18; thence southerly along the West line of Section 18 to
2,660 feet to the northwest corner of Section 19; thence southerly along the West line of Section 19 2,657.34 feet to the
West quarter corner of Section 19; thence southerly along the West line of Section 19, 2,650.86 feet to the southwest
corner of Section 19; thence easterly along the South line of Section 19, 2,676.41 feet to the South quarter corner of
Section 19; thence easterly along the South line of Section 19, 2,592.48 feet to the southwest corner of Section 20: thence
easterly along the South line of Sect~on 20, 2,589. 89 feet to the South quarter corner of Section 20 and there terminating.
Bonestroo, Rosene, Anderlik & Associates, Inc.
OliO O. 8CJIJ,.Jfruu. P.l:".
Huben W. HWt'IJ~. P.1:.',
Joseph C. And~rlik. P.t:.
Bradford A. Lt:m~rg. P. E.
Richard E. Tumu, P.E.
James C. Olson. P.I::.
o
2335 W. Trunk Highway 36
St. Paul, MN 55113
612..636-4600
Engineers & Architects
April 23, 1986
E. A. Hickok & Associates
545 Indian Mound
Wayzata, Minnesota 55391
Attn: Mr. William Weidenbacher
Re: Shingle Creek @ 62nd Avenue
Our File No. 34 - Shingle Creek
Dear Bill:
GI,nn R. Coo... P.E.
^I:uh A, Ocudun. P.t:.
Tho-1llUJ'1::. NOYl:s. P.E.
Hic'/Jard W. Fasur. P.I::.
Robert G. !X'hun/Chl. P.E.
Murvin L. SO,.....ala. P.E.
Donald C. BurgQrdl. P.E.
Jury A. Bourdun. P.E.
Murk A. Hllluon. P.l::.
Ted K. Field, P.E.
Mich.u,1 T. HuutnUlnn. P. E.
HubeN H. P}t'Jfnlt'. P.t".
Duvid O. LUJ},:otu. P.I:.:.
Thutrlas W. lYle-nun. P.E.
}'lichlltl C. Lynch, P.I::.
Karin L. Willis. P.E.
James R. Maland. P.E.
Kenneth P. Ande/'ju1J. P.c.
Keith A. &chmonn. P.E.
Murk R. Rolfs. P.c.
R(IOen C. HLUSrk, A./.A.
Thumus E. Angus. P. E.
SCUll L. Yu~ni'. P.L'.
ChrJrltJ A. l::rid'j,ulI
Leo M. Puwt'ld;y
IIQrlUIJ M. O/.1On
Susan M. ElNrlin
Enclosed is a 200 scale 1/2 section copy, showing the area of Shingle Creek in
the City of New Hope at 62nd Avenue. We have determined the elevations of
those homes which the lot numbers are circled in orange.
885.76
down to basement.
882~09
881.13
walk down to basement
61Y~
,t 'il
Lot 1:
Lot 2:
Walkout basement, elev. at walkout
Walkout basement however you must walk
Ground elevation at walkout area
Basement elevation
Walkout basement however you must
similar to Lot 2
Gound elevation at walkout area
Basement elevation
Walkout basement, elev. at walkout
883.08
880.61
883.42
6\33
Lot 3:
&/;6
Lot 4:
It would be desirable if your 100 year flood profile in this area could be be-
l~ 882. Right now it appears to be at 884.5 based on your present profiles.
Even the 10 year flood profile is at 882.5.
If you have any additional questions, please contact this offi~
Yours very truly,
/
ANDERLIK & ASSOCIATES, INC.
"---
llanson
MAH:mb
Ene 1.
ee: Dan Donahue
Doug Sandsted
4671d
30 Year
..II ~ .... :........ All __ _ _ _
NOTICE OF HEARING ON THE CREATION OF A STORM SEWER
Il\IPROVEMENT TAX DISTRICT. STORM SEWER IlVIPROVEiiIENT
NO. 354 (BASSETT CREEK FLOOD CONTROL PROJECT)
Ne\v Hope, I\1innesota
To all Owners of all pro ert T within the District described below:
NOTICE IS HEREBY GIVEN by the City Council of the City of New Hope, Minnesota, that a public hearing will
be held at 7: 00 o'clock P .1\'1. on Tuesday. the 29th day of IVlay, 1979. for the purpose of considering the creation of a
Storm Sewer Improvement Tax District pursuant to Minnesota Statutes. Section ~ 444.17 and Chapter 429 (the District) ,
and the making of storm sewer improvements within the area to be included in the District.
The general nature of the storm sewer improvements consists of acquiring, consh>ucting, reconstructing,
extending, maintaining and improving storm sewer systems and related facilities within the District and acquiring',
constructing', maintaining and improving for the benefit of the area within the District storm water holding areas and
ponds within and without the corporate limits of the City of New Hope (the Improvements) .
The area of the City of New Hope to be included within the District and proposed to be taxed or assessed for the
Improvements is described as:
Premises in the State of Minnesota, County of Hennepin. City of New Hope in Township 118, Range 21, West, described
as being vvithin the fOllo'wing described boundary:
Beginning at the south quarter corner of Section 20; thence northerly 2,325 feet + to the South line of the N 1/2 of the
NE 1/4 of the SIV 1/4; thence westerly 1,295 feet:. to the west right-of-way line of the Minneapolis, Northfield and
Southern Railroad; thence southerly 992 feet + to the North line of the SW 1/4 of the SW 1/4; thence westerly 3,888
feet:. to the SW corner of the NIl,' 1/4 of the SE -1/4 of Section 19; thence northerly 1 ,986 feet:. along the centerline of
Section 19 to the North line of the S 1/ 2 of the SW 1/4 of the NE 1/4; thence easterly 1,305 feet:. to the West line of the
E 1/2 of the NE 1/4; thence northerly 1,330 feet + to the South line of the N 1/2 of the NE 1/4 of the NE 1/4; thence
easterly 1,310 feet + to the East line of Section 19; thence southerly 1,990' + along the East line to the West quarter corner
of Section 20; thenc-e easterly 655 feet + to the East line of the W 1/2 of the SlV 1/4 of the NW 1/4; thence northerly 1,325
feet to the South line of the N 1/2 of the NW 1/ 4; thence easterly 1,320 feet + to the West line of the E 1/2 of the NE 1/4
of the NW 1/4; thence northerly 1,325 feet:. to the North line of Section 20; thence easterly 660 feet:. to the South
quarter corner of Section 17; thence northerly along the centerline of section to the center of Section 17; thence westerly
268.15 feet; thence southerly 30 feet to the Northwest corner of Lot 1, Block 7, Gwynnco 2nd Addition; thence southwesterly
78. 68 feet to the NW corner of Lot 1, Block 3, Gwynnco 2nd Addition; thence E:,uthwesterly 65 feet to the NW corner of
Lot 2, Block 3, Gwynnco 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 3, Block 3, Gwynnco 2nd
Addition; thence southwesterly 65 feet to the NW corner of Lot 4, Block 3, Gwynnco 2nd Addition; thence southwesterly
70 feet to the NW corner of Lot 5, Block 3, Gwynnco 2nd Addition; thence southwesterly 70 feet to the NW corner of Lot 6,
Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to the NE corner of Lot 7, Block 3, Gwynnco 2nd Addition;
thence southwesterly 55 feet to the NE corner of Lot 8, Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to
the NE corner of Lot 9, Block 3. Gwynnco 2nd Addition; thence southwesterly 60 feet to the NE corner of Lot 10, Block 3,
Gwynnco 2nd Addition; thence southwesterly 60 feet to the NE corner of Lot 11, Block 3, Gwynnco 2nd Addition; thence
southwesterly 68 feet to the NE corner of Lot 12, Block 3, Gwynnco 2nd Addition; thence southwesterly 70 feet to the
NE corner of Lot 13, Block 3, Gwynnco 2nd Addition; thence southwesterly 70.82 feet to the NE corner of Lot 2, Block 4,
Gwynnco Addition; thence southwesterly 120.71 feet to the NW corner of Lot 2, Block 4, Gwynnco Addition; thence
southwesterly 60 feet to the NE corner of Lot 9. Block 1, Gwynnco Addition; thence southwesterly 176.1 ft. to the
NW corner of Lot 9, Block 1, Gwynnco Addition; thence westerly' 105 feet to the West right of way line of the
Minneapolis, Northfield and Southern Railroad; thence S33030' W 840 feet + to a point on the South line of the NW 1/4
of the SW 114, 850 .19 feet East of the West line of Section 17; thence westecty 400 feet along the South line of the NW 1/4
of the SW 1/4; thence northWesterly 685 feet + to a point on the West line of Section 17 1,842.48 feet North of the southwest
corner of Section 17; thence North 789. 38 feet to the West quarter corner of Section 17; thence West along the center line
of Section 18 1,440 feet +; thence North 590 East 240 feet +; thence North 340 East 110 feet +; thence North 760 West 450 feet
+ to a point on the South-line of the NW 1/4 of the I\.TE 1I4,-Section 18; thence northerly 125feet + to the southwest corner of
Lot 14, Block 3, Sandra Terrace Addition; thence northerly 887.97 feet to the southeast corner 'Of Lot 2, Block 3, Sandra
Terrace Addition; thence westerly 37. 68 feet to the southWest corner of Lot 2, Block 3, Sandra Terrace Addition; thence
northeasterly 123 · 08 feet to the northwest corner of Lot 2, Block 3, Sandra Terrace Addition; thence northwesterly 280
feet + to the northeast corner of Lot 1, Block 2, Sandra Terrace Addition; thence westerly 130.01 feet to the northWest
corner of Lot 1, Block 2, Sandra Terrace Addition; thence southerly 478.42 feet to the southeast corner of Lot 24, Block 2,
Sandra Terrace Addition; thence westerly 130 feet to the southwest corner of Lot 24, Block 2; thence southwesterly 145
feet:. to the southeast corner of Lot 7, Block 1, Midwestern Properti~s Addition; the~ce westerly 253.59 feet to the
northeast corner of Lot 8, Block 1, Ridgeview Addition; thence southerly 544.27 feet to the centerline of County Road 9;
'"""
Bassett Creek ~lood'Control #354 .
AFFIDAVIT OF ~~ILING NOTI~E OF
PRELIMINARY IMPROVEMENT HEARING
STATE OF ~lINNESOTA)
) 55
COUNTY OF HENNEPIN)
Betty Pouliot, first being duly sworn, on oath deposes and says that
she is and was on May 16_
, 19~ft~ the duly qualified and acting
City Clerk of the City of New Hope, Minnesota; that on said date she mailed
a copy of the attached notice of hearing on
. Storm SeVier
Improvement No. 354
.. of the
City to the owner of each parcel .within the area proposed to be assessed for
said improvement as set forth in said notice, by enclosing a copy of said notice
in each envelope addressed to each such owner, and depositing such envelope in
the United'States mails with postage fully prepaid thereon; that the names and
addresses of such O\'ln-ers \'Jere those appea.ring as such on the records of the
County Treasurer of Hennepin as of the date 30 days prior to adoption of the
resolution providing for said hearing, except that the names and addresses of
owners 'of parcels not appearing on such records were determined by reference to
maps, plats and other documents. on file in the City Hall of said City, and, to
the extent found to be necessary, by reference to the records of the City Assessor
and the United States Post Office, the ~linneapol;s Suburban Directory, and the
published listing of telephone service subscribers in the Cityo
~ //)
~/~~
· =~(::~:dO
Subscribed and sworn to before me this
I'~ -b~ .~ day 0 f C:)'-:1";Li:L..L.7 1 9 77'.
I -
,~
-=y, , {/
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. ,. .' - ',' .~
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( Notafia 1 /Sea 1 )
NOTICE OF HEARIN'G OK THE CREATlOX OF A STORM SEWER
IMPROVElVIENT TAX DISTRICT, STORM SEh"ER BIPROVEMENT
NO. 354 (BASSETT CREEK FLOOD CONTROL PROJECT)
New Hope, l\Jinnesota
To all Owners of all 1'0 erty within the District described below:
NOTICE IS HEREBY'GIVEN by the City Council of the City of Xew Hope. l\Iinnesota, that a public hearing will
be held at 7: 00 0 'clock P.M. on Tuesday, the 29th day of 2\lay, 1979. for the purpose of considering the creation of a
Storm Sewer Improvement Tax District pursuant to 2\Iinnesota Statutes, Section Ii 444.17 and Chapter 429 (the District) ,
and the making of storm sewer improvements within the area to be included in the District.
The general nature of the storm sewer improvements consists of acquiring, constructing, reconstructing,
extending, maintaining and improving storm sewer systems and related facilities within the District and acquiring,
constructing, maintaining and improving for the benefit of the area within the District storm water holding areas and
ponds within and without the corporate limits of the City of New Hope (the Improvements) .
The area of the City of New Hope to be included within the District and proposed to be taxed or assessed for the
Improvements is described as:
Premises in the State of Minnesota, County of Hennepin, City of Xew Hope in Township 118, Range 21, West, described
as being within the following described boundary:
Beginning at the south quarter corner of Section 20; thence northerly 2,325 feet:.':. to the South line of the N 1/2 of the
NE 1/4 of the SW 1/4; thence Westerly 1,295 feet:.':. to the west right-oi-v; ay line of the Minneapolis, Northfield and
Southern Railroad; thence southerly 992 feet.;. to the ,\'orth line of the SW 1/4 of the SW 1/4; thence Westerly 3,888
feet + to the SI\' corner of the XIV 1/4 of the SE-1/4 ef Section 19; thence northerly 1 ,986 feet + along' the centerline of
SectiOn 19 to the North line of the S 1/2 of the SlV 1/4 of the NE 1/4: thence easterly 1,305 feet:.':. to the West line of the
E 1/2 of the NE 1/4; thence northerly 1,330 feet + to the Sout!1 line of the N 1/2 of the NE 1 i 4 of the NE 1/ 4; thence
easterly 1,310 feet + to the East line of Section 19; thence southerly 1,990' .;. along the East line to the West quarter COl'ner
of Section 20; thene~ easterly 655 feet + to the East line of the Vi li2 of ,he S'W 1/4 of the N\\' 1/4; thence northerly 1, 325
feet to the South line of the N 1/2 oftheN1V 1/4; thence easterly 1,320 feet ~ to the West line of the E 1/2 of the KE 1/4
of the NW 1/4; thence northerly 1,325 feet., to the Xorth line of Sectia:: 20; thence easterly 660 feet + to the South
quarter corner of Section 17; thence northei:l y along the centerline of section to the center of Sectio1117; thence westel'ly
268.15 feet; thence southerly 30 feet to theN o1'th1\'e5t cornel' of L0, 1, Block 7, G\';ynnco 2nd Addition; thence southwesterly
78. 68 feet to the NW corner of Loi 1, BlOCk 3, GWynl1CO 2nd Addition; U:.ence south,..estel'1y 65 feet to the NW corner of
Lot 2, Block 3, Gwynnco 2nd Addition; thence southwEster'ly 65 feet to the Xl\' corner of Lot 3, Block 3, Gwynnco 2nd
Addition; thence southwesterly 65 feE:t to the Nh' cornel' of Lot 4, Block 3, Gi';ynnco 2nd Addition; thence southwesterly
70 feet to the Ni'l corner of Lot 5, Block 3, Gwynnco 2nd Addition; thence Sout!1westerly 70 feet to the NW corner of Let 6,
Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to the XE corner of Lot 7, BlOck 3, Gwynnco 2nd ..; ddition;
thence southwesterly 55 feet to the NE corner of Lot 8, Block 3, Gwym:co 2nd Addition; thence southwesterly 55 feet to
the NE corner of Lot 9, Block 3, Gwynnco 2nd Addition; thence Southwesterly 60 feet to the NE cornel' of Lot 10, Blod; 3,
Gwynnco 2nd Addition; thence soutbvesterly GO feet to the KE corner of Lot 11, Biock 3. Gwynnco 2nd Addition; thence
southwesterly 68 feet to the NE corner of Lot 12, Block 3, Gwynnco 2nd A,ddition; thence southwesterly 70 feet to the
NE Cornel' of Lot 13, Bloc!;: 3, Gwynnco 2nd Addition; thence southwesterly 70.82 feet to the NE corner of Lot 2, Block';,
Gv;ynncc Addition; thence southwesterly 128. 71 feet to th2 NW carner of Lot 2. Elock 4, G,';yrrnCG Addition; thenc:'!
southwesterly 60 feet to the NE cornel' of Lot 9, Block 1, Gwynnco Addition; thence southwesterly 176,1 it. to the
NW corner of Lot 9, Block 1, Gwynnco Addition; thence westerly 105 feet to the West right of way line of the
IV1inneapolis, Northfield and'Southern Railroad; thence 833030' I\' 840 feet., to a point on the South line of the NW 1/ 4
of the SI\' 1/4, 850 .19 feet East of the West line of Section 17: thence westeriy 400 feet along the South line of the KlV 1/4
of the SW 1/4; thence northwesterly 685 feet + to a point on the \,,'est line of Section 17 1,842,48 feet North of the southwest
corner of Section 17; thence North 789. 38 feet to the West quarter corner of Section 17; thence West along the centerline
of Section 18 1,440 feet +; thence North 590 East 240 feet +; thence Korth 340 East 110 feet +; thence North 760 West 450 feet
+ to a point on the South-line of the NW 1/4 of the NE 1/4,-Section 18; thence northerly 125 feet + to the southwest corner of
Lot 14, Block 3, Sandra Terrace Addition; thence northerly 887, 97 feet to the southeast corner of Lot 2, Block 3, Sandra
Terrace Addition; thence Westerly 37.68 feet to the southwest corner of Lot 2, Block 3, Sandra Terrace Addition; thence
northeasterly 123,08 feet to the northWest corner of Lot 2, Block 3, Sandra Terrace Addition; thence northwesterly 280
feet + to the northeast corner of Lot 1, Block 2, Sandra Terrace Addition; thence westerly 130.01 feet to the northwest
corner of Lot I, Block 2, Sandra Terrace Addi tion; thence southerly 478.4 2 feet to the southeast corner of Lot 24, Block 2,
Sandra TerraCE: Addition; thence westerly 130 feet to the Southwest corner of Lot 24, Block 2; thence southwester,lY145
feet:.':. to the southeast cornel' of Lot 7, Block 1, 2\Iidwestern Properties Addition; thence westerly 253.59 feet to the
northeast corner of Lot 8, Block 1, Ridgeview Addition; thence southerly 544.27 feet to the centerline of County Road 9;
- Number of Not i ces ~1a II ed
.Page .~ of-:...-.- pages
Ma II ad
PLAT PARCELl ADDITION
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pro #18=118-21-21-0004
George Windsperger
8640 42nd Av N
New Hope, MM. 55427
't.
t1a i 1 e d 5 - 1 7 - 79
By:
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OWNER
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mINERS:
F. vI. Carter
PDQ Food Stores of MN
P.O. Box 5068
Madison, WI 53705
Gordon R. Tiedens
8517 27th Place
New Hope, MN 55427
Joseph E. Wickley
3726 Norland Dr
San Antonio Texas 78232
Acct #8318
r~i chae 1 Pa tch
4919 Wi11eston Rd Acct #8174
Minnestonka 55343
R K Inves tment
10947 69th Av N Acct #8205
Maple Grove, MN 55369
Carl Pokorney
15810 E. Holdridge Acct #8246
Wayzata, MN 55391
Bruce Barton
4820 Minnetonka Blvd Acct #8259
St. Louis Park, MN 55416
Paul J. Thon
15242 N. 5th Lane Acct #7163
Phoenix, Arizon 85023
Elwood Moore
4043 Jordan
Elwood Moore
4041 Jordan Acct #7172
Denn i s Putz
3149 Ensign Acct #7655
Otto Laustin
3912 Resevior Blvd Acct #7656
Minneapolis, MN 55421
Burger King
7900 Medicine Lk Rd Acct #8779
BCV Properties
2125 Cheshire Lane
Mpls. 55441
Clem Opatz
210 6th Av N Acct #8901
Hopkins, MN 55403
Mrs. George Johnson
6310 Markwood Dr
Crystal, MN 55427
Acct #8473
Kenneth Broady
8411 Northern Drive Acct #3.8474
Crystal, MN 55427 8.8474
West Suburban B1drs Acct #3.8477
5000 G1enwood Av 8.8477
Mpls, 55422
Shin Kan Hec
10-B Crystal Mansion Acct 6560
3 Eastbourne Kow1son, Hong Kong
Gethsemane Cemetery
4021 Winnetka Av N
New Hope, MN 55427
Bob Bolstad
330 Lilac Lane
Shoreview MN 55112
Home Trade Ins. Inc.
7100 france Av S
Edina, MN 55435
Patrick O'Meara
8200 39th Av N
New Hope, MN 55427
Tom Thumb
7980 36th Av N
Cambridge Apts
8100 36th Av N
The Creamette Co.
7300 36th Av N
Cheri Mertesdorf
1005 Cedar Lk Rd S
Minneapolis, MN 55405
Robert Spartz
8101 28th Av N
LO. Oliver
3546 Xerxes Av N
t.1p1s.55412
Kenneth Dinkel
3801-03 Oregon
New Hope, MN 55427
OWNERS
Cheryl Voigt
3809-11 Oregon Av N
John Anderson
4966 Co. Rd #18
Lynn Reemtsma
4966 Co Rd #18
Otto Atneosen, Jr.
3617 Maryland
Loren Holman
3616 Ma ry1 and
Daniel Casserly
3624 Maryland
Northern Land & Realty
4210 Abbott Av S
Mpls., MN 55410
Nancy Hudacek
71 04 36th Av N
NEW HOME OWNERS:
8511 2748 Boone-Lew F. Becker
8396 2725 Yukon - Jacob Schuyt
6102 7315 41st-C. Dennis Muellner
6563 3934 Zea1and--Steve Weninger
7607 3217 Hillsboro- David Lochow
7646 3555 Flag-Richard Manuel
7815 3508 Flag - Mr. Kilgour
8179 9317 32nd Av N-Terry Lovick
8418 2716 Xylon-James Jordal & James Whitney
8525 3060 Boone-Arnie Richmond & John Fcendsen
Karen Loechler
3832 Maryland Av N
New Hope, MN 55427
RENTERS OR DUPLICATE NAMES:
Pulled account #IS as follows:
6006
6031
6032
6038
6039
6065
6080
6166
6167
6169
6170
6171
6176
6246
6257
6260
6386
6398
6400
6560
6623
6837
7163
7172
7176
7177
7556
7557
7558
7559
7560
7655
7656
7886
8012
8174
8205
8246
8259
8305
8308
~~lgx
8471
8472
8473
3.8474
8.8474
8.8475
3.8477
8.8477
3.8478
8480
8482
8483
8485
8486
8487
8488
8489
8498
8779
8861
8871
8872
8874
8875
8901
8996
9986
9988
9991
9993
9997
Acct #7992 Emery E. Peasha
8817 30th Av N
New Hope, t1N 55427
S & W card showed address of 8917 30th-
correction made 5-9-79 ~