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Home My WebLink About2008-019 -ARPE HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2008-019 RESOLUTION ADJUSTING THE SPECIAL ASSESSMENT ROLL FOR TAX PARCELS 27-30-23-43-0001, 27-30-23-43-0009 and 27-30-23-43-0010 WHEREAS, on May 29, 2007 the Arden Hills City Council adopted Resolution No. 07- 55(b), entitled 'Resolution Adopting Special Assessment Roll for the 2007 PMP Improvements' (Attached as Exhibit A). WHEREAS, the owner of tax parcels 27-30-23-43-0001, 27-30-23-43-0009 and 27-30- 23-43-0010 appealed the levy of special assessments against their property. WHEREAS, the City of Arden Hills and the owners of tax parcels 27-30-23-43-0001, 27-30-23-43-0009 and 27-30-23-43-0010 have resolved the Special Assessment Appeal to their mutual satisfaction all as contained in District Court File No. 62-CV-07-703. NOW, THEREFORE, BE IT RESOLVED, by the Arden Hills City Council that: 1) The special assessments levied against tax parcel numbers 27-30-23-43-0001, 27- 30-23-43-0009 and 27-30-23-43-0010 by the City of Arden Hills pursuant to Resolution No. 07-55(b) are amended in the following manner: 2. As of January 1, 2009, the remaining principal balance for each of the above described tax parcels shall be: 27-30-23-43-001 S5.14890 27-30-23-43-009 S5.148.90 27-30-23-43-0010 $5.148.90 3. Such adjusted assessment balance shall be payable in equal annual installments extending over a period of six (6) years, unless prepaid, the first installment to be payable with the general taxes levied in 2008, collectable with such taxes during the year 2009, and shall bear interest at the rate of 6.5% per annum from January 1, 2009. To the first installment shall be added interest on the entire assessment from January 1, 2009 until December 31. 2009. To each subsequent installment when due shall be added interest for one (I) year on all unpaid installments. 4. The City Administrator shall prepare and transmit a certified duplicate of this adjusted special assessment roll to be extended on the property lists of Ramsey County. Such special assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 9'h DAY OF JUNE, 2008. Stanley D. Harpstead, Mayor ATTEST: Ronald J.Moorse, City Administrator (651)290-6907 i iitq@pfb=pa com June 5, 2008 Mr. Ronald Moorse City Administrator City of Arden Hills VIA EMAIL 1245 West Highway 96 Arden Hills, MN 55112 Re: Flaherty's Assessment Appeal Settlement Our File No.: 10450.07-10 Mr. Moorse: Attached are the following: 1. The Settlement Agreement for the above captioned matter; and 2. A Resolution Adjusting the Original Assessment Roll to reflect the settlement. The Adjusting Resolution wilt not be recorded in time to be reflected on the 2008 Real Estate Tax Statements, so the City will need to refund the difference between the amount paid by the property owner in 2008 and the amount which would have been paid by the property owner in 2008 if the Adjusting Resolution had been recorded sooner. The amount of the refund will be $3,293.17. A request for this check will appear on a future Council agenda. If you have any questions, please contact me. Very truly yours, /s/ Jerome P. Filla JPF/jmt Attachments STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Court File No.: 62-CV-07-703 Flahertys Arden Bowl, Inc., Plaintiff(s), vs. SETTLEMENT AGREEMENT City of Arden Hills, Defendant(s). This Agreement is dated the I I"' day of February, 2008, and is entered into by and between the City of Arden Hills,a Minnesota statutory city ("City"), through its attorney, Jerome P. I`illa; and Flahertys Arden Bowl, Inc., a Minnesota corporation ("Flahertys"), through its attorney, loan M. Quade. 1. On May 29, 2007, the City adopted Resolution ivo. 07-55B which levied the following Special Assessments, as a result of the construction of the Arden Hills 2007 PMP Project ("Project"), together with interest thereon at the rate of 6.5% per annum from May 29, 2007; against the following parcels owned by 1'lahertys: Parcel No. Original Assessed Amount 1. 273023430001 $10,804.97 2. 273023430009 $10,804,97 3. 273023430010 $10,804.97 TOTAL $32,414.91 2. The City has agreed to reduce the total assessments against all Flaherty Parcels from $32.414.91 (Original Assessment) to $17,500.00 (Revised Assessment) and has agreed to adopt appropriate resolutions which direct the Ramsey County Auditor to adjust the Original Assessment so that it reflects the amount of the Revised Assessment against the Flaherty Parcels together with interest thereon at the rate of 6.5% per annum from May 29, 2007 in the following manner. Parcel Ito_ Revised Assessed Amount 1. 273023430001 $5,833.33 2. 273023430009 $5.833.33 3. 273023430010 $5,833.34 TOTAL $17.500.00 3. If the above described adjustments cannot be made in time to correct Special Assessment installments due and payable in 2008, the City will further reduce the above Revised Assessment amounts, as necessary, in order to credit Flahertys !or payments made in 2008 in excess of the amounts that would have paid if the Revised Assessments had been included in Resolutions No. 07-55B. 4. In consideration of the City's Agreement to reduce assessments as herein described, Flahertys agree to dismiss the Special Assessment Appeals as contained in District Court File No.: 62-CV-07-703 with prejudice and without cost to either party. 5. The Parties acknowledge that Flahertys has other claims arising from the construction of the Project and the this Stipulation of Settlement is not intended to, nor shall it be 2 construed to limit in any manner; other claims Flahertys may choose to file against the City and/or other parties PETERSON, FRAM & BERGMAN P.A. Dated: _ 2 —�1 , 2008 By: � -- Jero e P. Filla (Attorney No. 29166) 55 as ifih Street. Suite 8()0 S'. P 1, MN 55101 ( - ) 291-8955 Attorney for Defendant City of Arden lulls BARNA, GUZY & STEFFEN, LTD. Dated: . 2008 By Joan M. Qt'rade, J118276X Attorneys for Plaintiff 400 Norihlown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, NTN 55433 (763) 780-8500 Agreernenl-Q 3