HomeMy WebLinkAbout2013-140 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 13 -140
RESOLUTION APPROVING SETTLEMENT AGREEMENT
WITH PAUL MILLER AND PKM OF ANOKA COUNTY
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 Paul K. Miller, Parcel No. 24- 31 -22 -43 -0014,
$30,503.00 as its share of the Special Assessment; and
WHEREAS, the City assessed PKM of Anoka County, LLC, Parcel No. 24- 31- 22 -42-
0014, $39,445,503.00 as its share of the Special Assessment; and
WHEREAS, Paul K. Miller and PKM of Anoka County, LLC have appealed the
Special Assessment in Anoka County District Court, File No. 02 -CV -11 -7797 and File No. 02-
CV -11 -7798 respectively; 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 9th day of December, 2013.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Rafferty and was duly seconded by Council Member S toes z and upon
vote being taken thereon, the following voted in favor thereof:
Rafferty, Stoesz, Roeser, O'Donnell, Reinert
The following voted against same:
none
ATTEST:
Jeff Reine Mayor
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CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIGINATOR: Joe Langel, Michael Grochala
MEETING DATE: December 9, 2013
TOPIC: Consider Resolution No. 13 -140 Approving Settlement
Agreement with Paul Miller and PKM of Anoka County,
LLC, I -35E /CSAH 14 Interchange Improvement
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to approve the special assessment settlement
agreement with Paul Miller and PKM of Anoka County, LLC.
BACKGROUND
On October 24, 2011 the City approved and levied a special assessment to fmance its portion of
the I -35E / CSAH 14 Interchange improvement project. Paul Miller and PKM of Anoka
County, LLC was assessed as part of the project. Mr. Miller 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 December
9, 2013, closed meeting of the City Council the proposed settlement with Paul Miller and PKM
of Anoka County was outlined. The main components of the agreement are as follows:
• A reduction in the assessment rate from .07 cents per square foot ($30,503) to .04 cents
per square foot ($17,430) for parcel 24- 31 -22 -43 -0014.
• A reduction in the interest rate for Parcels 24- 31 -22 -43 -0014 and 24- 31 -22 -42 -0004
from5 %to4 %.
RECOMMENDATION
Motion to approve Resolution No. 13 -140.
ATTACHMENTS
1. Resolution 13 -140
2. General Location Map
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City of Lino Lakes
and
Paul Miller and PKM of Anoka County
Special Assessment Appeal
Settlement Agreement Subject to City Council Approval
The parties have engaged in mediation on this 22nd day of November. 2013. The parties agree to the
resolution of the special assessment appeal of Paul Miller and PKM of Anoka County. LLC as follows:
1. City assessed Parcels 42 and 43 as part of 135E /CSAH 14 Interchange Project by Resolution
11 -108. Parcel 42 is identified in said Resolution as PIN 243122430014. Parcel 43 is identified in
said Resolution as PIN 243122420004.
2. Subject to City Council approval the Special Assessment on Parcel 42 shall be re- assessed at a
principal amount of $17,430 at 4 %. Said assessment shall remain deferred as provided for in Resolution 11-
108.
3. Subject to City Council approval the Special Assessment on Parcel 43 shall be re- assessed at a
principal amount of $39,445 at 4 %. Said assessment shall remain deferred as provided for in
Resolution 11 -108.
• 4. This proposed settlement is subject to Council approval. The City Attorney and Community
Development Director agree to recommend this proposal to the Council for approval.
CITY OF LINO LAKES
Dated: // Le -. /3 By:
Its: Community Developmen
Dated: // —cr7o9 —/ 3
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By:
Jo J. La
Its: Lino Lakes City Attorney
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Dated: t a1J 2Zl f 3
Dated: L/ 1,/ ld
Dated: I l l 2-2- 1t3
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Dated: // Z 2 /3
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PKM OF ANOKA COUNTY, LI,C
By:
By:
Mark Vyvyan
Attorney for Paul
Anoka County, LLC
Paul Miller
6� )(-))6C 1$1
Paul Miller
MEDIATOR:
er and PKM of
City of Lino Lakes
Paul Miller and PKM of Anoka County Property
35E /CSAH 14 Interchange Project
0 125 250 500 750 1,000 W
Feet