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<br />I
<br />I CITY OF ARDEN HILLS
<br />{t MEMORANDUM
<br /> DATE: July 26,1996
<br />I
<br /> TO: Brian Fritsinger, City Administrator
<br />I FROM: Terrance Post, City Accountant @
<br /> SUBJECT: Special Assessment Pending Litigation
<br />I 1628 Chatham Avenue (PIN 28-30-23-41-0007)
<br />I Background
<br /> At the Special Council Meeting of July 15, 1996, the Arden Hills City Council upheld the
<br />I previously adopted special assessment of $2,232,39 on the above referenced property, The
<br /> previous action to adopt is represented by Resolution No, 96-34A passed on June 10, 1996, As a
<br /> result of the Council action on July 15, 1996, the property owner, Gene Schmidt, served notice of
<br />I his intent to file an appeal in Ramsey County District Court on July 17, 1996, The property owner
<br /> then had ten (10) days, or until July 27,1996, to file his case with the Clerk of Court,
<br />Ie Settlement Discussions
<br /> Due to both Jerry Filla and yourself being out of town this week, attorney John Miller and myself
<br /> have attempted to advance negotiations with Mr, Schmidt on this matter,
<br />I While initial contact was less than promising (see JMM 7119/96 letter to TRP on subject),
<br /> eventually a dialogue between the two parties was begun,
<br />I On Tuesday, July 23, 19961 extended an offer to settle, before Court filing, for 90% of the adopted
<br /> assessment or $2009,15 - a reduction of$233,24, Mr, Schmidt rejected this offer and countered
<br />I with an offer to settle at 80% of the adopted assessment or $1,785,91 - a reduction of $446.46,
<br /> On Wednesday, July 24, 1996 I telephoned Mr, Schmidt to give the following statement: "Based
<br />I on the informal canvassing done, it appears that a majority of those councilmembers in attendance
<br /> at the 7/29/96 Council Meeting would be supportive of accepting your most recent settlement
<br /> offer", I specifically made no representations as to Council actions and emphasized that the
<br />I decision to file with the Clerk of Court by July 27, 1996 was a decision he would have to make,
<br /> Council Action
<br />I Council may wish, at a July 29, 1996 executive session, to formally direct staff to pursue a
<br /> settlement in this matter with the property owner,
<br />I
<br />..
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