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Department Approval T_J - - Rskspvlffi:E REQUEST FOR COUNCIL ACTION Date: 12/15/05 Item No.: 7.g City Manager Approval Item Description: Approve Settlement Agreement for Real Life Church v. City of Roseville BACKGROUND On October 5, 2007, the City Council passed Resolution No. 10502, Adopting and Confirming as Amended 2007 Assessments for Improvements P- 02 -10, P- 05 -02, P- 05 -00, P- 00 -02, and P- 00 -12. Real Life Church owns two parcels that were assessed for City Project number P- 05 -02: Chatsworth and Lovell (Neighborhood 32) . The first parcel is the church, located at 2353 Grandview Ave, the second is a residential lot, located at 2315 Lovell Ave. The Council adjusted the assessment to the church parcel by deferring a portion of the assessment, $2,005.45, until such time as the Church constructs an entrance to Lovell Avenue. This adjustment reduced the assessment payable for the Church lot from $12,232.50 to $10,227.32. No change was made at that time for the residential lot at 2315 Lovell Avenue. As described in State Statute 429, Real Life Church appealed their assessments to Ramsey County District Court. The City Attorney and City Engineer have been meeting with the Church in an effort to negotiate a settlement for this easement appeal. At this time we have reached an agreement with the Church. The following is a summary of the assessments for the Church properties. POLICY OBJECTIVE Since this is a change to the approved assessment roll the City Council needs to pass a resolution approving the settlement agreement. FINANCIAL IMPACTS The settlement reduces the assessment by $3,030.77. If we had not been able to reach an agreement, this case was scheduled for a full court trial in February 2009. In the City Attorney's opinion, it is in the best financial interest of both the City and the Church to negotiate a settlement to save both parties additional legal fees. Page 1 of 2 Original Proposed Adopted PID Address Fronta e Assessment Assessment Settlement 2353 Grandview $10,227.32 112923320017 Ave 302.9ft $12,232.80 Defer $2,005.48 no change 112923320041 2315 Lovell Avenue 200.8 ft $8,110.77 $8,110.77 $5,080 POLICY OBJECTIVE Since this is a change to the approved assessment roll the City Council needs to pass a resolution approving the settlement agreement. FINANCIAL IMPACTS The settlement reduces the assessment by $3,030.77. If we had not been able to reach an agreement, this case was scheduled for a full court trial in February 2009. In the City Attorney's opinion, it is in the best financial interest of both the City and the Church to negotiate a settlement to save both parties additional legal fees. Page 1 of 2