HomeMy WebLinkAboutCity Council Resolution 2012-064CITY OF PLYMOUTH
RESOLUTION No. 2012-064
A RESOLUTION AMENDING ASSESSMENTS
COUNTY ROAD 101 FROM 13 TH AVENUE TO 30TH AVENUE
RECONSTRUCTION PROJECT
CITY PROJECT NO. 5102
WIffiREAS, pursuant to proper notice duly given as required by law, the Council met and
heard and passed upon all objections to the proposed assessment for the improvement of Hennepin
County Road 101 from 240 feet south of 13th Avenue to 260 feet south of 30th Place in the City of
Plymouth, said improvement includes the reconstruction of the roadway with the installation of
bituminous pavement, concrete medians, concrete curb and gutter, traffic signals, retaining walls,
bituminous trails and concrete sidewalks, storm sewer pipe, ponds and treatment devices, water main
replacement, sanitary sewer replacement, landscaping, and all necessary appurtenances, and
WIffiREAS, on July 12, 2011, the City Council approved Resolution No. 2011-227 adopting
assessments for the improvement of Hennepin County Road 101 from 13th Avenue to 30th Avenue
known as City Project No. 5102; and
WIffiREAS, David C. Johnson and Katie L. Johnson, husband and wife (the Johnsons), are
owners of properties located at the southeast corner of Hennepin County Roads 101 and 6 described
as Hennepin County P.I.D. No.s 29-118-22-33-0039, 29-118-22-33-0040, 29-118-22-3131-004 land 29-
118-22-33-0042 (the Subject Properties); and
WIffiREAS, on July 11, 2011, the Johnsons filed a Summons and Complaint and Notice of
Appeal to Special Assessment with the Hennepin County District Court (Court File No. 27 -CV -11-
15349) objecting to the City's assessment against the Subject Properties as follows:
29-118-22-33-0039
$11975.71
29-118-22-33-0040
$6,023.50
29-118-22-33-0041
$3,899.85
29-118-22-33-0042
$21284.85
; and
WIffiREAS, the Johnsons and the City mediated a Settlement Agreement that would result in
a reduction to the special assessment on the Subject Properties for Project No. 5102 as following:
29-118-22-33-0039
$5,742
29-118-22-33-0040
$1666
29-118-22-33-0041
$1,726
29-118-22-33-0042
$9,866
Resolution No. 2012-064
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
1. The amended assessments set forth above are 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 assessments between $0 and $5,000 shall be payable in equal annual installments
extending over a period of 5 years, the first of the installments to be payable on or before
the first Monday in January 2012, and shall bear the interest rate of 3.45% per annum for
a 5 year assessment period from the date of adoption of this assessment resolution. To
the first installment shall be added interest on the entire assessment from the date of
Resolution No. 2011-227, which is July 12, 2011, until December 31, 2012. To each
subsequent installment when due shall be added interest for one year on all unpaid
installments.
3. Such assessments between $5,001 and $10,000 shall be payable in equal annual
installments extending over a period of 10 years, the first of the installments to be
payable on or before the first Monday in January 2012, and shall bear the interest rate of
5.08% per annum for a 10 year assessment period from the date of adoption of this
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of Resolution No. 2011-227, which is July 12, 2011, until
December 31, 2012. To each subsequent installment when due shall be added interest
for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Finance Director, pay the whole of the assessment on such
property with interest accrued to the date of payment to the City of Plymouth Finance
Department, except that no interest shall be charged if the entire assessment was paid
within 30 days of the adoption of this resolution; and the owner may, at any time
thereafter, pay the City of Plymouth Finance Department 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 by November 14 or interest
will be charged through December 31 of the next succeeding year. The owner of any
property so assessed may also, within 30 days from the adoption of this resolution,
make a partial payment of at least $100 to the City of Plymouth Finance Department.
The remaining unpaid balance will be certified as the new assessment amount. The
owner may also, at any time prior to November 15 of any year, pay the remaining
unpaid principal balance with interest accrued to December 31 of the year in which
such prepayment is made.
5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Finance Director 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.
Resolution No. 2012-064
Page 2 of 3
Approved this 28th day of February, 2012.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth
City Council on February 28, 2012, with the original thereof on file in my office, and the same is a
correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk