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262962 If +� 'M Y T� � � .. .. ��3 Sa��3' E� .. COUN FI E ' �''�`�''�-`��`' CITY O�F ST. PAUL R�eadlution Ratifying Aes�ement BY i�ai File No. In the matter of the asaessment of �Mtit�, aost aad ucp�as�• tss tpsr►i�i M�LOC[ t�tRi1AT (Citp nej�et !-OS?►7) !sw Dal� �er��t te ii�� Stsut a� �ellwr�t as�stsust • �it�isees owrlar= ava�stra�E a�rti a�! �tt�r� d�estsrst atsNt, all�r arra isirway �nt�s�as a�tsgst aeos�a wt�: d�raiaap ti�iliti�s; �� i� �lI otb�e wsk v�iab i� n�a��asy aw� laei��atal te �ao■ipl�te u�id irpsowMat. under Preliminary Order �3SS$� ,approved �*�� Z� �9T1 � Intermediary Order ZS�t�01 �app�� s��us'�► 11, 197Z � Final Order ZST318 iapproved t�� 8� 1l72 A public hearing having been had upon the assesament for the above improvement, and said assess- ment having been further considered by the Council, and having been considered finally satisfactory, be it therefore RESOLVED, That tlie said asaesament be and the same is hereby in all respects ratified, and the same is hereby ordered to be submitted to the District Court of the County of Ramsey for canfirmation. BE IT FURTHER RESOLVED, That the said a�sseasment be and it ia hereby determined to be payable in '�� equal installmenta. ��.�.�. J � �� COUNCILMEN Yeas g t,.;:,,� Nays Adopted by the Couneil J A N 2 3 1974 �; .._,�.� , �_ ;F.. . �,� JAI� � f91� ...._�: ar- PProv i�.�:�a.:t�..—� � C. � !°.��, � � T*� Favor � Mayor Against Fo� �.Y �� 1�$ PUBI.ISHED FEB 21974 . , • . s - . 2�2��2 CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY January 22, 1974 R. SCOTT DAVIES The Honorable Members of the Council of the City of Saint Paul Re: Wheelock Parkway Improvement The owner of Lot 15, Block 3, Rice Street Villas, (Mr. Hebl) ha.s requested tha.t his property not be assessed for any portion of the costs incurred by the City in the improvement of Wheelock Parkway from Dale Street to Rice Street. Mr. Hebl claims tha.t his property does not abut on Wheelock Parkway and, therefore, is not receiving any benefit from this improvement. The City Council has requested tha.t the City Attorney review this complaint and inform the City Council as to whether or not it would be proper to assess this Lot 15, Block 3, Rice Street Villas, for this improvement. I have discussed this matter with the City Valua.tion Engineer and ha.ve received a letter from the Bureau of Valuations, a copy of which is attached. The Bureau of Valua.tions recommends that this land be assessed for the Wheelock Parkway improvement because it does receive a special benefit. The City of Saint Paul apparently has acquired all of the property which lies between the southerly boundary of Mr. Hebl's property and Wheelock Parkway. The City ha.s acquired this land for street and parkway purposes, and it appears, therefore, tha.t Mr. Hebl' s property does abut on Wheelock Parkway. It is not necessary, as a matter of law, tha.t property ' to be assessed must abut on the improved street which is to be assessed. The Minnesota Supreme Court in In Re Third Street Widenin , 185 Minn. 170, 240 N. W. �(1932) , up e t e assessing of the costs of improving Third Street (Kellogg Boulevard) against property located two and three blocks removed from Third Street. In tha.t case the City Hall, Saint Paul, Minnesota 55102 612 298-5121 � .. F . 262��2 . � � - �� t . I4-t�.��, COtte�Qtl `-, .- - �`1�1c� a. � , li° I��i . � .,; _� � a; I , q , o �� 1I� ali a �t,r_. t, � , � � � $ 1$'� - .fi.;� �'174� � �at'`� $ �'` `�� ""' r ^ �d i.�. fl�i' I � d the : I Oto!'!. II ::e.��1T ;'� h e , i i�t�. �11 ,�cfl I � Is, `' by o e � � tiee �4, ..�:, : �k , ,, �e. �Dl�'swd��;.� - �fl'rowli�e�. �'!i) . • - �, . 2b�;L�� City Council � Page Two January 22, 1974 proposed assessment consisted of graduated rates accord- ing to the distance removed from Third Street, and this process was approved by the Minnesota Supreme Court. I ha.ve reviewed the recommendation of the Bureau of Valua.tions and can find nothing legally wrong with their recommendation that the Hebl property does receive a special benefit from the Wheelock Parkway improvement and tha.t this special benefit appears to be the same as all other property abutting on Wheelock Parkway and proposed to be assessed for this improvement. Of course, the ultima.te determina.tion as to whether or not the Hebl property is to be assessed is a legislative determina.tion subject, however, to the requirement that the assessments be uniform upon the same class of property, tha.t they be confined to property especially benefited by the improve- ment, and that the proposed assessment does not exceed the special benefits. Very trul yo s, JER . E A Assi ant 'ty Attorney JJS:er Att. cc:Valua.tions Bureau ` + , .� . . • � . � J. WIl.L1AM DOt�OVAN ��`,� Valuallon Enqinesr �5317 ROY E. BREDAHL, �.. C I T Y � F S A I Pd T PA U L A::�� voi„ot�o„ ��9i�.., gU��,qU OF VALUATtOt�S 2e6 Cify H.f1 S�tnt Pwi, MinnNOf� 6bl02 - I�,ENO To: Jerome J. Sega1 From: Roger J• Rottach Date: January 10, 197�+ Re: Wheelock Parkway Improvement Dale St. to Rice St. The City Council requested an opinion from your office whether the City could assess the Hebl property as shown outlined in red on the attached portion of the final assessment plan. The property is legally described as I,ot 15, Block 3� Rice Street Villas. � It is the opinion of this office, that since its opening Wheelock Parkway has become the prime roadway servicing the long side of the Hebl property even though a triangul.ar portion of Idaho Street remai.ns dedicated abutting said property. Presently, that triangular portion of Idaho Street is unimproved and serves as a boulevard area for Wheelock Parkway. It should also be pointed out that there appears to be an asphalt driveway within the right-of-way of the triangular portion of Idaho Street tha-� serves the Hebl Property. If you have ar�y questions or require f'urther informatinn, please let me know. - RJR:dm Attach. File No. 17613 cc: Walter Hurtley � � ��-' � � � �� ' � ,�t�.�! � 1 i97'4 CC1FtP�R�.i►aN �UUNS�L , ��iG necemher 26, 1g73 ?�r. J. ':*illi� Panovan traluation En�ineer P.00m 2E6, City ;�all S3f.nt Faul, `rinnesota Deax Sir� The City Council today laid ov�r to January 2.3, 197�i, a Resolu- tion Ratityin� Ass�ssz�ent f.ar improving �dheelock Parlc�,v�v fmm Dale Street to Rice Street under P.O. 255582 , adopted SeptemUer 2 , 1471. Yours very truly, Citq C1erk ABn:mif cc: Public Works Aepartment 2��2 . December 26, 1973 Mr. Richard Rowan, Police CY►ief 101 F..ast lOth Street Saint Paul, t�[innesota �7e�r Sir: At tod ny's City Council meeting , durin� a henring on th.e ratifyinr of. assessments for improving �,Theelocic Parkway from Dale Street to Rice Street, a m�n appeared and snid the prohibition on truck.. traffic on Wheelock p arkway is not bein� enforced and the Councll requests your attention to this matter. Yours very truly, Citj► Glerk ABO:m�f �s�qs2 December 26, 1973 ��?r, r. Scott Davies , r,ity Attarnev �oom G47 , Cit}* iia11 �a3.nt Paul , r?i�nesota Dear Sir: The City Council laid over to JanuRry 23, 1974 , a. P.e�o]_ution Ratifying Assessment f.ar imProvin� TJheelocic Parl-.way fram Da1e Street to P.3ce Street and they re�auest your oninj.on on whether property can be �ssessed i£ it does not abut the imProvem�nt. I would suggest that you contact ?�'r. 7lonovan the ��aluRtions Engineer for further details on thls matter, Yours very truly, Citq Clerk ABO:m�f