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HomeMy WebLinkAbout07D Assessment Appeal Settlement City Council Action Request Form Meeting Date 8/10/2016 Department Community Development Agenda Category Consent Agenda Title Special Assessment Settlement Staff Recommendation Adopt the resolution approving a settlement reducing the 2015 Pavement Management Project assessment for the property at 8750 – 90th Street South from $14,400 to $8,000 and authorize the Finance Director to notify the County. Budget Implication Attachments Resolution No. 2016-XXX TIMOTHY J. KUNTZ DANIEL J. BEESON *KENNETH J. ROHLF STEPHEN H. FOCHLER  JAY P. KARLOVICH  ∆ ANGELA M. LUTZ AMANN *KORINE L. LAND *DONALD L. HOEFT  DARCY M. ERICKSON DAVID S. KENDALL *BRIDGET McCAULEY NASON TONA T. DOVE BRADLEY R. HUTTER ARIEL A. PITTNER • HAROLD LEVANDER 1910-1992 • ARTHUR GILLEN 1919-2005 • MEMO ROGER C. MILLER 1924-2009 * ALSO ADMITTED IN WISCONSIN  ALSO ADMITTED IN NORTH DAKOTA  ALSO ADMITTED IN MASSACHUSETTS  ALSO ADMITTED IN OKLAHOMA ∆ALSO ADMITTED IN ARIZONA TO: Mayor Myron Bailey and Members of the Cottage Grove City Council FROM: Kori Land, City Attorney DATE: August 2, 2016 RE: Special Assessment Settlement On October 7, 2015, as the final part of the 2015 Pavement Management Project, the City th adopted an assessment roll for the properties. One of these properties was 8750 – 90 St. South, owned by East Metro Financial Team, LLC. The property is a two story owner-occupied office building. The City levied a special assessment against the property in the amount of $14,400. The portion of the project in front of this property involved pavement removal and replacement. The owners timely filed an assessment appeal and argued that re-paving the street did not benefit the property. The property was sold shortly after the public improvement project was noticed, but before the project was completed. The owners claimed this sale established the fair market value of the property, and because the owners offered no additional compensation even with the pending improvement, the value remained unchanged after the new road was completed. The parties went through several exchanges of information before reaching an agreement at the court- mandated settlement conference on Friday, July 29. The tentative settlement, which is contingent upon the Council’s approval, reduces the assessment from $14,400 to $8,000. We recommend that the Council adopt the proposed resolution reducing the assessment of the th property at 8750 – 90 St. South from $14,400 to $8,000 and authorize the Finance Director to notify the County. It is our understanding that upon approval, the owners will pay this assessment amount in full. 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN RESOLUTION NO. 2016-XXX A RESOLUTION AMENDING A SPECIAL ASSESSMENT WHEREAS, on October 7, 2015, the City Council adopted Resolution No. 2015-101, which included an assessment roll for the 2015 Pavement Management Project; and WHEREAS, the property located at 8750 – 90th Street South was included in that assessment roll with an adopted assessment of $14,400; and WHEREAS, the property owner timely filed an assessment appeal in District Court; and WHEREAS, the parties have come to a mutual agreement to settle the appeal with a reduction of the assessment. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Cottage Grove, Washington County, Minnesota, as follows: 1. The assessment amount for property located at 8750 – 90th Street South, Parcel Identification Number 16.027.21.43.0003, owned by East Metro Financial Team LLC, which was adopted in Resolution No. 2015-101 is amended from $14,400 to $8,000. 2. The Director of Finance or her assigns is authorized to notify the Washington County Auditor of such amendment, collect such payment, and take any other actions nec- essary to effectuate this Resolution and consider such amended amount as payment in full for the assessment for the 2015 Pavement Management Project. 3. The Mayor and City Clerk are authorized to execute any documents necessary to dismiss the appeal. Passed this 10th day of August 2016. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk