HomeMy WebLinkAboutResolution No. 2019-32 Approving Re-AssessmentCITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-32
RESOLUTION APPROVING REASSESSMENT
WHEREAS, pursuant to proper notice duly given as required by law, the Edina City Council ("Council")
has met, heard and passed upon all objections to the reassessment for White Oaks C Neighborhood Roadway
Reconstruction — Improvement No. BA-438 ("Project"); and
WHEREAS, on October 3, 2017, the City Council approved Resolution No. 2017-97 adopting special
assessments for the Project; and
WHEREAS, the Project included construction of roadways including improvement of the subsurface base
beneath the roadways and new bituminous pavement on the surface of the roadways.
WHEREAS, Jase and Sarah Wagner are the owners of property located at 4619 Townes Circle, Edina,
Minnesota, with Hennepin County PIN 18-028-24-11-0022 ("Wagner Property"); and
WHEREAS, Amy and Theodore Stark are the owners of property located at 4621 Townes Circle, Edina,
Minnesota, with Hennepin County PIN 18-028-24-11-0023 ("Stark Property"); and
WHEREAS, Susan and David Graham are the owners of property located at 4700 Townes Circle, Edina,
Minnesota, with Hennepin County PIN 18-028-24-11-0092 ("Graham Property"); and
WHEREAS, John Schuetzle and Heather Wallace are the owners of property located at 4701 Townes
Circle, Edina, Minnesota, with Hennepin County PIN 18-028-24-11-0024 ("Schuetzle/Wallace Property"); and
WHEREAS, Janene and John Augustine are the owners of property located at 4703 Townes Circle, Edina,
Minnesota, with Hennepin County PIN 18-028-24-11-0076 ("Augustine Property"); and
WHEREAS, Patrick and Heidi Judge are the owners of property located at 4707 Townes Circle, Edina,
Minnesota, with Hennepin County PIN 18-028-24-11-0030 ("Judge Property");
WHEREAS, the Wagner Property, Stark Property, Graham Property, Schuetzle/Wallace Property,
Augustine Property, and Judge Property, were each assessed $24,858.85 pursuant to Resolution No. 2017-97.
WHEREAS, on October 24, 2017, the above-referenced parties filed a Notice of Appeal of Assessment
with Hennepin County District Court (Court File No. 27-CV-17-16306) objecting to the City's assessment of
$24,858.85 against each property.
ENGINEERING DEPARTMENT
7450 Metro Boulevard • Edina, Minnesota 55439
www.EdinaMN.gov • 952-826-0371 • Fax 952-826-0392
WHEREAS, Minnesota Statutes § 429.071, Subd. 2, provides that, in the event that an assessment is set
aside by a court, the council may, upon notice and hearing as provided for the original assessment, make a
reassessment as to such parcels; and
WHEREAS, a District Court Order dated February 19, 2019 ordered the special assessments in the case
be set aside and remanded to the Edina City Council for reassessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA
AS FOLLOWS:
1. The Wagner Property, Stark Property, Graham Property, Schuetzle/Wallace Property, Augustine
Property, and Judge Property, shall each be issued a refund from the City for assessments and interest
paid pursuant to Resolution No. 2017-97.
2. The Council approves and adopts the reassessment of the Wagner Property, Stark Property, Graham
Property, Schuetzle/Wallace Property, Augustine Property, and Judge Property, in the amount of
$21,000.00 each. Said reassessment 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 improvements in
the amount of the reassessment levied against it.
3. Such reassessment shall be payable in equal annual installments extending over a period of fifteen (15)
years, and shall bear interest at the rate of 3.25 percent per annum from the date of adoption 'of this
resolution. To the first installment shall be added interest on the entire assessment from the date of adoption
of this resolution until December 31, 2020. To each subsequent installment when due shall be added
interest for one (1) year on all unpaid installments.
4. The owner of the property so assessed may, at any time prior to certification of special assessment to the
County Auditor, partially prepay an amount not less than 25% of the whole assessment to the City Treasurer
and no interest shall be charged on the portion of the assessment prepaid. The property owner may, at any
time prior to certification of the reassessment to the County Auditor, pay the whole of the reassessment on
such property with interest accrued to the date of payment to the City Treasurer, except that no interest
shall be charged if the entire reassessment is paid before November 22 following the adoption of this
resolution and the owner may at any time thereafter pay to the City Treasurer the entire amount of the
reassessment remaining unpaid. Such payment must be made before November 22, 2019.
5. The City Clerk shall forthwith transmit a certified duplicate of this reassessment to the County Auditor to
be extended on the property tax lists of the County and such reassessments shall be collected and paid over
in the same manner as other municipal taxes. County Levy Number 20222.
ENGINEERING DEPARTMENT
7450 Metro Boulevard • Edina, Minnesota 55439
www.EdinaMN.gov • 952-826-0371 • Fax 952-826-0392
ames B. Hovland, ayor
PASSED AND ADOPTED this day of , 2019 by the City Council of the City of
Edina, Minnesota.
ATTEST:
Sharon Allison, City Clerk
ENGINEERING DEPARTMENT
7450 Metro Boulevard • Edina, Minnesota 55439
www.EdinaMN.gov • 952-826-0371 • Fax 952-826-0392