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Home My WebLink About4B, Resolution 2011-041 Adopting the Special Assessment Roll fof Lexington Avenue Sidewalk Improvements� EN HILLS Request for Council Action Prepared By: Kristin� Giga, Civil Engineer Coun.cil Meetzng Date: Septe�nber 12, 2011 Resolution 2411-041: Adopting tl�e Special Assessment Roll for �he Lexington Avenue S'rdevvalk Improvements Budgeted Amount: Actual Amount: �'unding So�rce: $50,000 — Trail A(existing trail) $52,490.G2 — Trail A $79,551.89 — PIR Fund $b3,000— Trail B(new trail) $54,122.55-- Trail B �27,061.28 - Assessments (Construction, Engineering and Legal) Recommendation: • Adopt R�soiution 2011-041: Adopting the Special Assessment Rol! for the Lexington Avenue Sidewalk Improvements. Supqortin� Documents: • Memorandum dated Septemb�r T2, 2011 frorn Kristine Giga. • Resolution 2011-041. � �i�N HILLS MEM�RANDUM DATE: September 12, 2011 TO: Honora�ie Mayor and City CounciImembers Patrick Klaers, City Administrator FROM: Kristine Giga, Civil Engineer SUBJECT: Lexington Avenue Sidewalk Assessment Back�round The City of Arde�� Hills contracted with North Valiey, Inc., of Nowthen, M innesota_ and campleted the eanstruction of the Lexington Avent�e Sidewa�k and `Trai1 Projcct in 2010. The project was cozxap�eted in cooperation with lnland Properties. who o��-n the two properties adjacent to the newly constructed concrete sidewalk from the railraad tracks �orth of Caunty Road E to Grey Fox Road, Shannon SqUare and Cub. On .�une ] 4; 2010, lnland Properfies signed a Special Assessment Waiver of Rights, in which the}- agreed to pay for 50°/a of t�e project costs, to be splii evenly between eacl� property. They requested that the costs be assessed to the pz•operties, acknowledged the special heneft received hy ihe parcels; and wai�ed their rights unde� the provisions of Minn. Stat. 429, iz�cluda�ag, but not limited to, the notice and pubIie Y�earing provisions of Minn. Stat. 429.031 and Minn. Stat. 429.061; and �he appeaI provisions of Minn. Stat. 429.08I . In order to assess the properties, the City Council must adopt an assessinent roll that can be certi�ed and pravided to Raxr�sey County. Financia! Imnlications The project cost far this portion af the project, includir�g construction, en�ineering and legal fees, totaled $54,122.55. Per the agree��ei�t, Inland Properties ��ill be respansible for �alf of this amount; $27,06128; or $13;530_64 per each parcel. Counci� Action, Reguested Appro�e Resolution 2031-041 adopting ihe Special 1�ssessment Roll for �he �,exington Avenue Sidewalk Impravements. City CounciE Meetin� 11Metro-inet.uslardenEii11s1�R&PW1Engineerin;lCouncil Actionsl2Q] ]19-12-f IMemo LexTrailAssess�ncnt.doc Page ] o#� ] — __ .. .. .. . .... .. . .. .... � EN HrLLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2011-041 RESOLUT�ON ADOPTING SPECIAL ASSESSMENT ROLL FOR THE LEXINGTON AVENUE SIDEWALK IMPROVMEENTS WHEREAS, pursuani to an agreement between the City of Arden Hills, a Minnesota statutory City ("City") and Inland Shannon Square Cub, LLC, a Delaware limited liability cornpany ("Inland Cub") and Inland Shannon Square �hoppes, LLC, a Delaware limited Iiabiiity company ("Znland Shoppes"), the parties agree as follows: 1. The City would construct certain sidewalk improvements; and 2. Inland Cub and Inland Shoppes would each pay 1/4 of the improvement cost incurred by the City far the construction of the sidewalk ianproverrients. WHEREAS, T�iland Shoppes is the record fee owner o� tax parcel 2370234400�5 located at 3673 Lexington Avenue North, Arden Hills, MN; and WHEREAS, Inland Cub is the record fee owner of tax parce127302344Q013 located at 3717 Lexington Avenue North, Arden Hills, MN; and WHEREAS, the City had campleted the construction of tt�e sidewalk improvements; and WHEREAS, Inland Shoppes and Inland Cub have each acknowledged that their respective parcels will receive a special benefit equal to the proposed special assessment as a result of the co�struciion of the sidewalk improv�rnent and, each waives their rights under the pravision of Minn. Stat. 429, inclnding, but not limited to, the notice and public hearing provisians oi Minn. Siat. 429.031 and Minn. Stat. 429.061; and the appeal provisions of Minn. Stat. 429.08I. NOW THEREFORE, BE �T RESOLVED by the Mayor and City Council that: Such proposed assessment roll, a copy of which is attached hereto and made a part hereof, is hereby accep�ed and shall constitute the special assessment against the lands na�ned therein, and each tract of Iand therein inclu�.ed is hereby founc�. to be benefited by the proposed improvemenis in the amount of the assessment levied agaanst it. 2. Such assessment assessed against each parcel of land sha11 be payable in equal annual installments extending over a pexiod of three (3} years, unless prepaid, the first of the instalJzx�.ents to be payable wiin general taxes levied in 2011, collectible witl� such taxes during the year of 2012. The assessment shall beax interest at the rate of 3.4 percent per annurn from the date of �ie adoptian o£ this assess�nent resolution. To the firsi installment shall be added interest on the eniire assessment fra� the date of this resolution uniil Decemb�r 31, 2011. Ta each subsequent inst�llmeni when due shall be added i.r�terest far ane year on al� unpaid installments. 3. The owner of any property so assessed may, at any time prior ta certificaiion o� the assessment io the cotulty auditar, pay the whole assessment on such property, w�ith interest accrued to the date of payment, to the City Adminisirator, e�cept that no interest shall i�e charged if the entire assessmeni is paid within 30 days from the adoption of ihis reso�ution. T'he owner may at any time thereafter, �ay to the County Auditor the enii�e amount of the assessment remaining unpaid, vv�th interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest wi�l be char�ed through December 31 of the succeeding year. 4. The City Admuustrator sha11 forthwith prepare and transrnit a certi�ied duplicate of this assessment to the Counfy Auditar to be extended on the property ta�� Iists o� the couniy. Such assessme�ts shail be collected and paid aver in the same manner as municipal t�es. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THYS 12�'' DAY OF SEPTEMBER, 2011. David Grant, Mayor ATTEST: Patrick HIaers, Administratar � � a � ` N � � � �+ � � � a 7 O � !�, � Y �a 3 a� � N J 4J J Z � � � � L iN � r- az� W� o � � � wo � a � W � � � Q u � � � y � o 0 � � � � Q d � � � Na�� a � � �n m n � o. � v N N tmfl _ N Lf] d C6 p Z = � � �, — 07 �.a y/ �L � U @ � � a C m a�i 3 �u -o 0 o W N y � �1 p[ � � � � . a � � � � � � � X � � � � g � � V � J � �/! m a U � w O � � a d d � � O o .-� z z a a za � s = z N � o a a+ Z z p Z z a ¢ y z z � � �� z� � w w � J J a ^ H a m m e�-1 H �o �� o 0 U � ^ � N N a