1b Amend 2004 MSA Assess. Roll
CITY OF
CHANHASSEN
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The City of Chanhassen · A
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Paul Oehme, City Engineer/Dir. of Public Works
DATE:
October 5, 2004
SUBJ:
Consider Resolution to Amend 2004 MSA Improvement Project
Assessment Roll - Project No. 04-02
REQUESTED ACTION
Adopt resolution to amend 2004 MSA Improvement Project Assessment Roll.
DISCUSSION
Staff is requesting Council remove the St. Hubert properties located on 78th Street
from the MSA Improvement project assessment role. The assessment roll and
methodology for this project was set up in November of 2003. The roll was
adopted by Council in June, 2004. Staff discussed these properties with the City
Attomey prior to the adoption of the assessment rol1. Staff understands it is
always more difficult to assess tax exempt properties. However, it has been
brought to our attention that all of the St. Hubert properties on 78th Street arc
designated as cemetery property. State Statute 307.09 prohibits assessments to
cemetery properties. The amount of St. Hubert's assessment was $14,501.92.
This amount is proposed be paid with Municipal State Aid Funds. Removing this
amount for the assessment role will not jeopardize the project bonding.
Staff recommends amending the 2004 MSA Improvement Project Assessment
Roll at this time.
Attachment
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
October 11
RESOLUTION NO:
2004-
MOTION BY:
SECONDED BY:
A RESOLUTION AMENDING THE ASSESSMENT ROLL FOR THE 2004 MSA
STREET IMPROVEMENT PROJECT NO. 04-02
WHEREAS, the assessment roll and methodology for this project was set up in November
of 2003, and
WHEREAS, the assessment roll was adopted by City Council in June, 2004, and
WHEREAS, State Statute 307.09 prohibits assessments to cemetery properties.
WHEREAS, St. Hubert's Church requests that its properties located on 78th Street is
cemetery property and that it be exempt from the proposed assessment.
NOW THEREFORE, BE IT RESOLVED by the City Council of Chanhassen,
Minnesota, amend the 2004 MSA Improvement Project Assessment Roll.
Passed and adopted by the Chanhassen City Council this 11 th day of October, 2004.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES
NO
ABSENT
g:\cng\public\04·02\amcnd asscssmcnt roll rcsolution IO·5·04.doc
Minnesota Statutes 2003, Table of Chapters
Table of contcnts for Chapter 307
307.09 Exemptions.
subdivision 1.
Extent of exemptions. All lands, not
exceeding 100 acres in extent, and in the case of cemeteries
owned and managed by religious corporations, or corporations
solely owned and controlled by and in the interest of any
religious denomination, 300 acres in extent, so laid out and
dedicated as a private cemetery, shall be exempt from public
taxes and assessments, and shall not be liable to levy and sale
on execution, or to be applied in payment of the debts of any
owner thereof, so long as the same remains appropriated to the
use of a cemetery; and no road or street shall be laid through
the same without the consent of the owners.
Subd. 2.
Special assessments. Nothing contained in
subdivision 1 shall be construed to exempt cemetery property
owned or leased by any corporation, association, partnership,
proprietorship or any other organization from any special
assessment unless such corporation, association, partnership,
proprietorship or other organization
(a) was formed for a purpose not involving pecuniary gain
to its shareholders or members; and
(b) pays no dividends or other pecuniary remuneration
directly or indirectly to its shareholders or members as such.
HIST: (7633) RL s 2965; 1913 c 137 s 1; 1927 c 295 s 3; 1969 c
980 s 2
Copyright 2003 by the Office of Revisor of Statutes, State of Minnesota.