HomeMy WebLinkAbout2013-119 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 13 -119
RESOLUTION APPROVING SETTLEMENT AGREEMENT
WITH EAGLE BROOK CHURCH
I35E /CSAH 14 INTERCHANGE IMPROVEMENT PROJECT
WHEREAS, on or about October 24, 2011, the City approved and levied a special
assessment ( "Special Assessment ") to finance its portion of the I35E / CSAH 14 interchange
improvement project; and
WHEREAS, the City assessed Eagle Brook $364,684.00 as its share of the Special
Assessment; and
WHEREAS, Eagle Brook appealed the Special Assessment in Anoka County District
Court, File No. 02 -CV -11 -7495; and
WHEREAS, the Parties wish to resolve the pending appeal in order to avoid additional
litigation costs.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes that the settlement agreement attached hereto as Exhibit A is hereby approved and the
Mayor and Clerk are authorized to execute the agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 28th day of October, 2013.
The motion for the adoption of the foregoing resolution was introduced by Council Member
O' Donnell and was duly seconded by Council Member Roeser
vote being taken thereon, the following voted in favor thereof:
O'Donnell, Roeser, Rafferty, Stoesz, Reinert
The following voted against same:
none
ATTEST:
Juli . nne Bartell, City C er
and upon
Jeff Reine , . yor
CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Joe Langel, Michael Grochala
MEETING DATE: October 28, 2013
TOPIC: Consider Resolution No. 13 -119 Approving Settlement
Agreement with Eagle Brook Church, I35E /CSAH 14
Interchange Improvement Project
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to approve the special assessment settlement
agreement with Eagle Brook Church.
BACKGROUND
On October 24, 2011 the City approved and levied a special assessment to finance its portion of
the I -35E / CSAH 14 Interchange improvement project. Eagle Brook Church was assessed as
part of the project. The Church appealed the assessment in Anoka County District Court as
provided for under Minnesota Statutes, Chapter 429.
The parties entered into a mediation process to resolve the pending appeal. At the August 26,
2013, closed meeting of the city council the proposed settlement with Eagle Brook Church was
outlined. The main components of the agreement are as follows:
• A reduction in the assessment amount from 14 cents per square foot to 12 cents per
square foot.
• Deferral of the assessment for the undeveloped portion of the Church property pursuant
to the deferral policy adopted by the City.
RECOMMENDATION
Motion to approve Resolution No. 13 -119.
ATTACHMENTS
1. Resolution 13 -119