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Home My WebLink About2011-108 Council ResolutionCouncil Member- Donnell adoption: introduced the following resolution and moved its COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 11 -108 ADOPTING ASSESSMENTS I -35E /CSAH 14 INTERCHANGE WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of the I -35E /CSAH 14 Interchange between 21st Avenue and Otter Lake Road by bridge replacement and widening, roadway replacement and widening, reconstruction of existing freeway ramps and construction of new ramps, installation of traffic control signals, improvement to local road connections and construction of pedestrian /bicycle facilities NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto, as Exhibit A, and • made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2012, and shall bear interest at the rate of 5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. Notwithstanding Paragraph 2 above, the assessments against the following unimproved properties are hereby deferred pursuant to Minn. Stat. § 429.061, subd. 2: EXHIBIT B If any unimproved parcel on which assessments are deferred hereunder is platted subsequent to the date of this resolution, or a structure or structures are erected on said parcel, the deferral shall terminate, and the entire balance of the payment, with accrued interest, shall be spread over a number of years equal to 30 minus the number of years between the date of this resolution and the event giving rise to termination of the deferral • (a part of a year shall constitute one year). If no event giving rise to termination of the deferral occurs by the 30th anniversary of the date of this Resolution, the entire balance 3 • deferred, with accrued interest, shall become fully due and payable. The City Clerk is hereby directed to record with the County Recorder certifications identifying each of the unimproved parcels on which assessments are hereby deferred, as well as the deferral amount(s). 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he /she may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Approved by the City Council of the C ATTEST: Lino - es this 24th day of October, 2011. Jeff Rein - -, ayor The motion for the adoption of the foregoing resolution was duly seconded by Council MemberRafferty and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Rafferty, Roeser, Gallup, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. RRM: 155045/Imj • 4 • AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: October 24, 2011 TOPIC: Consideration of Resolution No. 11 -108 Adopting Assessment - I35E /CSAH 14 Interchange ACTION REQUIRED: 3/5 Vote BACKGROUND On September 26, 2011 the City Council approved Resolution No. 11 -97 calling the hearing on the proposed assessment for the for the I35E /CSAH 14 Interchange improvement project. The total cost of the project was $19,817,833. The total proposed to be assessed is $4,206,010. This is approximately $1,300,000 below the original assessment amount proposed at the July 2009 public hearing on improvements. The assessment was distributed over approximately 930 acres encompassing 55 properties. The property assessment rate was determined by evaluating several factors • including proposed land use, existing land use and public utility staging in accordance with the City's Comprehensive Plan. The applicable square foot rate was then applied to the developable acreage of each parcel to determine the assessment amount. The City initially worked with an appraisal firm to review the assessment methodology and develop the assessment formula. Following completion of the improvements, an appraisal firm was also used to review the assessment rates and specifically the relationships between the individual assessment rate classes. In general, the relationships between similar property types and their proximity to the improvements as well as the relationship between property classes were consistent with ratios typically found in the market for land values. The proposed assessments will be spread over 15 years with an interest rate of 5 %. However, state law does provide the city council with the authority to defer special assessments for unplatted /undeveloped land. While not required to do so, the council previously evaluated this option as part of the financial considerations for the project. Accordingly, a provision for the deferral of unplatted /undeveloped land has been incorporated into the resolution adopting the assessment. The resolution also identifies all parcels for which the assessments are proposed to be deferred. The deferral will terminate upon the platting of the property, or development of the buildings on the site consistent with the proposed land use. Although the principal assessment is deferred, interest will accrue. While the council has the option to delay accrual of interest, the City's financial pro forma for the project does not accommodate that option. • Regardless of the deferral options, a property owner may pay the entire assessment on the property with interest accrued to the date of payment to the City. However, no interest will be charged if the entire assessment is paid within 30 days of the adoption of the assessment. Property owners will have the opportunity to comment on the proposed assessment during the public hearing. A letter received on October 17, 2011 has been attached for council review. RECOMMENDATION Staff is recommending approval of Resolution No. 11 -108. ATTACHMENTS 1. Resolution No. 11 -108 2. Assessment Unit Cost Table 3. Letter from Paul Miller 40 • 2 EXHIBIT "A" CSAH I -35E /CSAH 14 Interchange Final Property Assessment Roll PIN OWNER TOTAL ASSESSMENT 133122230004 EAST LINO LAKES LLC $206,702 133122210003 EAST LINO LAKES LLC $146,936 133122330001 EAST LINO LAKES LLC $195,059 133122230003 EAST LINO LAKES LLC $198,618 133122310001 EAST LINO LAKES LLC $193,574 123122340003 EAST LINO LAKES LLC $142,372 133122340001 EAST LINO LAKES LLC $187,274 133122210004 EAST LINO LAKES LLC $119,571 133122320001 EAST LINO LAKES LLC $102,196 133122310002 EAST LINO LAKES LLC $94,547 123122330004 EAST LINO LAKES LLC $34,934 243122210001 ALINO LLC $198,881 243122240007 LESSARD PROPERTY MANAGEMENT $2,637 243122240002 REHBEIN GERALD L $5,617 243122240008 REHBEIN GERALD L $6,440 243122240009 REHBEIN GERALD L $124,237 243122310001 REHBEIN PROPERTIES $152,400 243122340001 REHBEIN PROPERTIES $75,916 243122240005 WILLIAMS ROBERT $9,743 243122430007 ARNT EUGENE $2,053 243122420009 ARNT EUGENE $2,678 243122420016 ARNT EUGENE $5,076 243122420006 ARNT INVESTMENTS LLC $3,131 243122430015 ARNT INVESTMENTS LLC $7,168 243122140003 CONST LABOR EDUC & TRAIN FUND $21,445 243122430011 GARGARO PROPERTIES LLC $15,945 243122410009 LINO LAKES LLC $314 243122410010 LINO LAKES LLC $25,721 243122410008 LINO LAKES LLC $56,349 243122440001 LINO LAKES LLC $110,667 243122130006 LINO LAKES STATE BANK $5,614 243122430006 MARTINEK RICHARD & CHERYL $11,987 243122420012 MILLER PAUL K $14,019 243122430014 MILLER PAUL K $30,503 243122420004 PKM OF ANOKA COUNTY LLC $39,445 243122430013 NORTHERN DEVELOPMENT LLC $6,847 243122430010 OTTER HOLDING COMPANY LLC $10,220 243122430009 SCANLAN WAYNE D $2,192 243122130002 CLINO LLC $11,479 243122130005 CLINO LLC $221,852 243122140002 TAYLOR CORP $31,531 133122440001 BERNIER FAMILY FARM LLC $242,480 243122110006 CM PROPERTIES 14 LLC $135,120 133122430002 DALE PROPERTIES LLC $17,612 133122410005 DALE PROPERTIES LLC $40,003 133122420001 DALE PROPERTIES LLC $49,840 133122410003 GRAETZER DAVID H $17,903 133122410004 MC NEAL DENISE L & ROBERT $17,332 243122110005 REHBEIN PROPERTIES $136,341 243122120001 BLINO LLC $212,314 133122120002 WINTER LESTER J & DEIDRA A $9,569 133122110001 WINTER LESTER J & DEIDRA A $37,794 133122140001 WINTER LESTER J & DEIDRA A $42,835 133122130002 WINTER LESTER J & DEIDRA A $48,289 113122410004 EAGLE BROOK CHURCH WH BEAR LK $364,684 10/4/2011 CSAH 14/I -35E Interchange Improvement • • EXHIBIT B PIN OWNER 133122230004 EAST LINO LAKES LLC 133122210003 EAST LINO LAKES LLC 133122330001 EAST LINO LAKES LLC 133122230003 EAST LINO LAKES LLC 133122310001 EAST LINO LAKES LLC 123122340003 EAST LINO LAKES LLC 133122340001 EAST LINO LAKES LLC 133122210004 EAST LINO LAKES LLC 133122320001 EAST LINO LAKES LLC 133122310002 EAST LINO LAKES LLC 123122330004 EAST LINO LAKES LLC 243122210001 ALINO LLC 243122240002 REHBEIN GERALD L 243122240008 REHBEIN GERALD L 243122310001 REHBEIN PROPERTIES 243122340001 REHBEIN PROPERTIES 243122430007 ARNT EUGENE 243122420016 ARNT EUGENE 243122430015 ARNT INVESTMENTS LLC 243122410009 LINO LAKES LLC 243122410010 LINO LAKES LLC 243122410008 LINO LAKES LLC 243122440001 LINO LAKES LLC 243122130006 LINO LAKES STATE BANK 243122430014 MILLER PAUL K 243122420004 PKM OF ANOKA COUNTY LLC 243122430010 OTTER HOLDING COMPANY LLC 243122130002 CLINO LLC 243122130005 CLINO LLC 133122440001 BERNIER FAMILY FARM LLC 243122110006 CM PROPERTIES 14 LLC 133122430002 DALE PROPERTIES LLC 133122410005 DALE PROPERTIES LLC 133122420001 DALE PROPERTIES LLC 133122410003 GRAETZER DAVID H 133122410004 MC NEAL DENISE L & ROBERT 243122110005 REHBEIN PROPERTIES 243122120001 BLINO LLC 133122120002 WINTER LESTER J & DEIDRA A 133122110001 WINTER LESTER J & DEIDRA A 133122140001 WINTER LESTER J & DEIDRA A 133122130002 WINTER LESTER J & DEIDRA A • • • City of Lino Lakes, Minnesota I -35E /CSAH 14 Interchange Improvments Assessment Unit Cost PROPERTY CLASS UTILITY STAGE UNIT COST Commercial 1A $0.22 1B $0.17 2A N/A Commercial - Existing 1A $0.09 1B N/A 2A N/A Industrial 1A $0.07 1B N/A 2A $0.04 Industrial - Existing 1A $0.04 1B N/A 2A N/A Mixed -Use 1A — $0.12 1B $0.09 2A N/A Institutional - Existing 1A N/A 1B N/A 2A N/A 3 $0.14 Tau( X. Mir 10/13/011 City of Lind Lakes 600 Town Center Parkway Lino'Lakes, MN 55014 -1182 Gentlemen; I am writing about the assesments of $30,503.00 on the property you describe as 243122430014. As you can see from the enclosed site plan this 10.4 ac re tract has no connection to any access road and is currently used for agricultural purposes. The real estate taxes assessed by Anoka County in the amount of $11,713.79 were revised downward to the status of agricultual land reducing the tax valuation from 390,000.00 to $106,600.00. A copy of a letter from Anoka County stating the adjustment is enclosed as a matter of reference. I would appreciate it if you would review the matter and arrive at a number that agricultural land can afford. I note that the "Acton Site" which consits of ten acres (tax I. D. #243122420010 has a proposed levy of $14,019,00 while the 14.Of acre tract (tax I, D. Number 243122420004 Has a proposed levy of $39,445,00. The 14.04; acre tract has had the frontahe road removed which I presume was a requirement for the interchange job, Access to the property cam only be made through what I believe is a private road to the Arnt property located to the south and the "Acton site" located to the north., As an 88 year old retiree living on a relatively fixed income I would like some consideration to reduce thelevy, perhaps to the same as the Acton site. My oeverall tax load has to hear some relationship to my income to cover the costs of hold -. ing this non income producing property, As an aside I can not help but notice what appears to be a reasonable assess- ment on the two parcels of land owned by Gene Arnt that front on the new county road, I have marked them to your attention on the enclosed plot plan, Y -urs respectful) Paul K. Miller 1100 Jardin Drive Naples, FL 34104 ' Mac (239) 434 -6915 Fax (239) 434;0928. 3.4 CSAH I -35E /CSAH 14 Interchange Final Property Assessment Roll PIN OWNER TOTAL ASSESSMENT 133122230004 EAST LINO LAKES LLC $206,702 133122210003 EAST LINO LAKES LLC $146,936 - 133122330001 EAST LINO LAKES LLC $195,059 133122230003 EAST LINO LAKES LLC $198,618 133122310001 EAST LINO LAKES LLC $193,574 123122340003 EAST LINO LAKES LLC $142,372. 133122340001 EAST LINO LAKES LLC $187,274 1.33122210004 EAST LINO LAKES LLC $119,571 133122320001 EAST LINO LAKES LLC $102,196 133122310002 EAST LINO LAKES LLC $94,547 123122330004 EAST LINO LAKES LLC $34,934 243122210001 ALINO LLC $198,881 243122240007 LESSARD PROPERTY MANAGEMENT .$2,637 243122240002 REHBEIN GERALD L $5,617 243122240008 ` ' REHBEIN GERALD L $6,440 243122240009 REHBEIN GERALD L $124,237 243122310001 REHBEIN PROPERTIES - $152,400 243122340001 REHBEIN PROPERTIES $75,916 243122240005 WILLIAMS ROBERT $9,743 243122430007 ARNT EUGENE $2.,053 243122420009 ARNT EUGENE $2,678 243122420016 ARNT EUGENE $5,076 243122420006 ARNT INVESTMENTS LLC $3,131 243122430015 ARNT INVESTMENTS LLC $7,168 243122140003 CONST LABOR EDUC & TRAIN FUND $21,445 243122430011 GARGARO PROPERTIES LLC $15,945 243122410009 LINO LAKES LLC $314 243122410010 LINO LAKES LLC $25,721 243122410008 LINO LAKES LLC $56,349 243122440001 LINO LAKES LLC $110,667 243122130006 LINO LAKES STATE BANK $5,614 243122430006 MARTINEK RICHARD & CHERYL $11,987 243122420012 MILLER PAUL K pc ra N St r-er $14,019 I 243122430014 MILLER PAUL K j11,V Pun, $30,503 243122420004 PKM OF ANOKA COUNTY LLC II/7 II/7 Cry •-' $39,445 , 243122430013 NORTHERN DEVELOPMENT LLC $6,84 243122430010 OTTER HOLDING COMPANY LLC . . $10,220 243122430009 SCANLAN WAYNE D $2,192 243122130002 CLINO LLC . $11,479 243122130005 CL' INO`LLC .$221-,852 243122140002 TAYLOR CORP $31,531 133122440001 BERNIER FAMILY FARM LLC $242,48Q 243122110006 CM PROPERTIES 14 LLC $135,120 133122430002 DALE PROPERTIES LLC $17,612 133122410005. DALE PROPERTIES LLC $40,003 133122420001 DALE PROPERTIES LLC $49,840 133122410003 GRAETZER DAVID H $17,903 133122410004 MC NEAL DENISE L & ROBERT $17,332 243122110005 REHBEIN PROPERTIES $136,341 243122120001 BLINO LLC $212,314 133122120002 WINTER LESTER J & DEIDRA A $9,569 133122110001 ' WINTER LESTER J & DEIDRA A $37,794 133122140001 WINTER LESTER J & DEIDRA A $42,835 133122130002 WINTER LESTER J & DEIDRA A $48,289 113122410004 EAGLE BROOK CHURCH WH BEAR LK $364,684 10/4/2011 CSAH 14/I -35E Interchange Improvement October 26, 2010 Paul Miller 1100 Jardin Drive " Naples, FL. 34104 COUNTY OF ANOKA PROPERTY RECORDS AND TAXATION DIVISION GOVERNMENT CENTER • 2100 3RD AVENUE • ANOKA, MN 55303 FAX (763) 323 -5421 • Property Assessment • Property Records and Public Service • Property Tax Accounting and Research I revalued your property located at pin# 24- 31 -22 -43 -0014 and classified your property as agriculture even though it is zoned industrial, the classification is based on the use of the property. The value of this property is now at $106,600 for the pay 2012 year. Please let me know if you have any questions. Si erely, ohn Leone Senior Appraiser Anoka County 763- 323 -5488 Affirmative Antinn / Fn11aI nnnnr+i,ni +.i Cm.iln.inr .. . ,j „. „ r rti n0) it 1 - A ,: j i... , . sr ; •• .sue Gt U &ri 6 E5 :f. 7 3 PA o1164-1/vo • j` 'i/0 A .Iunn.J .1T..Q• 920902.41,316: sr ;1 6- 64,767. SE .. Ji rl I iir . •,.rti:/� � 1 rYr 1.+1. wntoo. II ,', 01 C7 7. 902 - 4).)00 Sr 9CC -C4.1 16 Sr 4r rig y 90$- sooh'9 .$,Ssr AI Y? H /1Q,y G7 CYz E T ta'tT' 1 t 1 pa-4K41.14z 4O. (' r11,3 3-9 • i real + relevant • aglebrookchurch.co October 21, 2011 HAND DELIVERED Julie Bartell City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Assessments for I -35E /CSAH 14 Interchange Dear Ms. Bartell: We are writing regarding the proposed special assessment against Eagle Brook Church's property for the I -35E /CSAH 14 Interchange Project. We support the improvements and have no objection to paying a fair share of the cost of the project. However, the amount of the proposed assessment against the Eagle Brook property is approximately 9% of the total amount assessed, which greatly exceeds a fair share of the project costs. The amount of the assessment may not exceed the benefit conferred by the project. In this case, the project does not confer significant benefit to our property, and the proposed assessment exceeds that benefit. Eagle Brook Church attendance is already at or near capacity, so the project will not result in growth for the Church. Consequently, the completion of the project has little impact on the fair market value of the property. The benefit conferred by a project is measured by the value of the property before and after the completion of the project. The assessment unit cost assigned to our property does not appear to bear any relationship to any increase in the value of our property because of the interchange project. In addition, Eagle Brook Church is the only property classified as "Institutional — Existing." A unit cost of $0.14 is assigned to that classification, the third highest unit cost. Even if one assumes that the amount of the assessment should be based on unit costs, the unit cost assigned to Eagle Brook Church is too high, especially given the unit costs assigned to the other property classifications. Among other things, only part of our property has been developed. At a minimum, the part of our property that has not been developed should be assessed at a lower unit cost than the developed portion of our property. As a non - profit organization, we are concerned that we are being asked to shoulder more of the burden of the project costs than other properties and stakeholders in the community. This project is regional in nature. The homeowners and businesses of Centerville, Hugo and the surrounding communities will benefit as much, and in many • • cases far more, than Eagle Brook Church. However, only a limited number of adjacent and nearby properties are being assessed for this project. The other benefited stakeholders are not being required to contribute to the project. Eagle Brook Church has, in the past, spent a significant amount of money to improve this intersection and may, in the future, be asked to pay for another interchange at 80th Street East. In 2005, Eagle Brook Church paid nearly $100,000.00 to expand the turn lanes on the exit ramp on the northbound lane of 35E at CSAH 14. Eagle Brook Church bore the entire cost of this improvement, even though the entire community has benefited from this improvement. In addition, Eagle Brook Church understands that an interchange is planned for 80th Street East, which is closer to our property than is CSAH 14. It is unfair to expect Eagle Brook Church to pay a significant share for both of these projects. Eagle Brook Church generates significant traffic only twice per week, Saturday night and Sunday mornings. Both of these days are off -peak times for interchange use. The higher traffic volume is short lived (roughly 15 minutes) and is primarily after services, as opposed to prior to services when traffic is more dispersed. During peak times on week days, Eagle Brook Church generates little traffic. The traffic that Eagle Brook Church generates will not grow significantly in the next 10 years. However, the traffic for the surrounding businesses and housing development will grow, and those businesses and developments will benefit substantially from the interchange. The retail and commercial entities that are close to the interchange will benefit the most, yet most are being assessed at a lower rate than Eagle Brook Church. This letter will serve as our objection to the proposed assessment for the project because, among other things, the amount of the proposed assessment exceeds the benefits conferred by the project. We would be glad to meet with the City to further discuss alternatives and options for addressing the amount of the assessment. Thank you for your consideration. Sincerely, EAGLE BROOK CHURCH Jerry Broecker Executive Director of Operations cc: Michael Grochala EAST LINO LAKES, LLC 8651 Naples Street NE Maine. MN 55449 October 24, 2011 City Council City of Lino Lakes, Minnesota 600 Town Center Parkway Lino T,akcs; MN 55014 RE: East .Lino Lakes, LLC. a Minnesota limited liability company anal. Myrna Rehbein Resolution No. 11-108 Dear Members of the City Council: l=ast Lino Lakes. LLC, a Minnesota limited liability company, is the owner of Property legally described on the attached Exhibit A. We have received a copy of the Notice of Hearing on Proposed Assessment Resolution No. 11 -108 for County Road 16. Sanitary Sower and Water Services, dated October 24, 1996, The amount proposed to be assessed to East Lino Lakes, LLC for these properties is apparently totaling $1.621,783.00. We are further advised that a public hearing will be held commencing at 6:30 p.m. on Monday, October 24, 2011 at the Lino Lakes City Hall to consider adoption of an assessment roll reflecting the assessments described above to East Lino Lakes, LLC. Pursuant to Minnesota Statutes § 429.0E+1, et std., East Lino Lakes, LLC, hereby objects in. writing to the proposed assessment to it. The basis of East Lino Lakes, LLC's objection is that the amount of the proposed assessments exceeds the benefit to the Exhibit A properties, which will accrue as a result of the proposed public improvements and East Lino Lakes, 1.1,C has been disproportionably assessed as compared to adjacent properties. Please note this objection in the record to be made on October 24, 2011 and /or at any subsequent or continued meeting addressing this issue. We would be pleased to discuss this matter with representatives of the City Council at your convenience. Respectfully. R�hbein East Lino Lakes, 1.1,C lvlinneslota limited liability com 13Y:1/�.1/% �i► ,�� Myri Rc l?betta Its: _ • any • EXHIBIT A Parcel A: South one -half S % of the South one -half S '/z of the NW '/4, Section 13 -T31N -R22W; Anoka County, Minnesota Parcel B: North one -half N '/2 of the South one -half S 1/2 of the NW %4, Section 13 -T31N -R22W, Anoka County, Minnesota Parcel C: South one -half S %z of the North one -half N %z of the NW 1/4, Section 13 -T31N -R22W, Anoka County, Minnesota Parcel D: North one -half N %z of the North N %z of the NW 1/4, Section 13 -T31N -R22W, Anoka County, Minnesota, except the North 660.00 feet of the West 440.00 feet of the N 1/2 N %z NW 'A. Parcel E: South 3/4 South 1/2 Southwest 1/4, Section 12 -T31 -R22W, Anoka County, Minnesota except the North 330 feet of the South 3/4 South 1/4 South 1/4 and also excepting the South 385 feet of the SW' /4 SW 1/4 excepting the North 135 feet of the West 150 feet of the South 385 feet of Section 12 -T31N -R22W, Anoka County, Minnesota Parcel F: The South 385 feet of the SW 1/4 SW 1/4, excepting the North 135 feet of the West 150 feet of Section 12 -T31N -R22W, Anoka County, Minnesota Parcel G: Northeast one -fourth NE 1/4 of the Northeast one - fourth NE 1/4 of Section 2-T35N-R21W, excepting therefrom the following described tract, to -wit: All that part of said NE 1/4 NE 1/4 which lies East of the drainage ditch as the same is constructed and now crosses the NE NE '/4 , said drainage ditch being located approximately two rods West of the East line of said NE 1/4 NE' /4 , Chisago County, Minnesota Parcel H: South %a of the Northwest Quarter of the Southwest Quarter (S 1/2 of NW 1/4 of SW %a), Section 13, Township 31 North, Range 22 West, except the West 50 feet thereof, Anoka County, Minnesota Parcel I: Southwest Quarter of the Southwest Quarter (SW 'A of SW ` /a), Section 13, Township 31 North, Range 2 West, except the Westerly fifty (50) feet thereof, Anoka County, Minnesota Parcel J: The North half of the North half of the Southwest quarter (N 1/2 N 1/2 SW ' /a), Section 13, Township 31 North, Range 22 West, Anoka County, Minnesota Parcel I{.: The South half of the Northeast Quarter of the Southwest Quarter (S 1/2 NE '/a SW 1A), Section 13, Township 31 North, Range 22 West, Anoka County, Minnesota Parcel L: The Southeast Quarter of the Southwest Quarter of Section 13, Township 31 North, Range 22 West, excepting that part thereof which lies Southeasterly of a line run parallel with and distant 100 feet Northwesterly of the following described line, and said line extended Southwesterly, beginning at a point on the South line of said Section 13 distant 2566.7 feet East of the Southwest corner thereof; thence run Northeasterly at an angle of 79 degrees 05 minutes 55 seconds with said Section line 4566 feet; thence deflected to the left on a 1 degree 00 minute curve (delta angle 9 degrees 45 minutes 35 seconds) for 972.6 feet and there terminating, Anoka County, Minnesota 95 South Owasso Blvd. W. • Little Canada, MN 55117 • October 24, 2011 Azure Properties, Inc. 651.484.0070 fax 651.486.3444 Honorable Jeff Reinert Mayor of the City of Lakes Julie Bartell City Clerk of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: I -35E /CSAH 14 Interchange Improvement Project Dear Mayor, members of City Council and City Clerk: Please be advised that I am writing on behalf of ALino LLC, BLino LLC and CLino LLC, property owners in the City of Lino Lakes. The purpose of this letter is to express the land owners written objection to the proposed assessments for the I -35 /County 14 Interchange. The Land Owners were served with a Notice of Public Hearing to be held at 6:30 pm on October 24, 2011, with respect to the following properties: 1. CSAH I -35E /CSAH 14 Interchange Final Property Assessment Roll PID: 24- 31 -22 -21 -0001 ALino, LLC $198,881.00 24- 31 -22 -13 -0002 CLino,. LLC $ 11,479.00 24- 31 -22 -13 -0005 CLino, LLC $221,852.00 24- 31 -22 -12 -0001 BLino, LLC $212,314.00 2. The amount of assessment for the reconstruction of the I -35E / CSAH 14 interchange combined for the four (4) properties is $644,526.00. The grounds for objection to the assessment include, but are not limited to, the following; 1. The properties received no special benefit equal to or greater than the amount of the special assessment levied; 2. That the criteria method used to determine the assessment upon the property is not a proper one for the imposition of a special assessment, and is not in accord with constitutional, statutory or municipal assessment policy requirements and is, therefore, arbitrary and capricious and thus, deprives the property owners of property without due process of law contrary to the requirements of the United States and Minnesota Constitutions; 3. The total costs of the improvements of the Project were /are not proportionately distributed among all property owners benefitted by said improvement and the amount assessed may exceed the cost of the project. • 4. That the improvements in the Project are excessive in scope and are designated to favor other landowners who are not being similarly assessed. 1 5. That the assessments if adopted by Lino Lakes City council are contrary to and in violation of the Land Owners substantive and procedural rights and the following constitutional, statutory and ordinance provisions: a. United States Constitution, Amendment V; b. United States Constitution, Amendment XIV; c. Minnesota Constitution, Article, 1, Section 7; d. Minnesota Constitution Article 10, Section 1; e. Minnesota Statute, Section 429.01, et seq.; f. City of Lino Lakes, Resolutions and Policies regarding Special Assessments. Based on the above, on behalf of ALino LLC, BLino LLC and CLino LLC, we hereby submit our objection to the amount of the assessment and request that the assessment of the properties be withdrawn. Respectfully submitted, Richard Schreier Manager of ALino,LLC, BLino,LLC and CLino, LLC TMS/kl • • 2