5.7. SR 09-13-1999
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ITEM 15.7.
MEMORANDUM
River
TO: Mayor & City Council
FROM:
Lori Johnson, Finance Director -!\~
DATE:
September 13,1999
SUBJECT: Eull Special Assessment Settlement
Attached is a copy of the mediation settlement agreement for the special
assessment appeal by Roger and Jean Eull. The agreement spells out the terms
under which the appeal will be dismissed.
First, the city must pass a resolution supporting Green Acres status for the property
owned by Roger and Jean Eull. The attached resolution prepared by Peter Beck
and reviewed by James Bumgardner, attorney for Roger and Jean Eull, satisfies
item one of the mediation settlement agreement.
.
The second condition requires that the city consider the purchase of all or a portion
of the Eull property which is being assessed. The EDA will consider this item at its
September 13 meeting and forward a recommendation to the City Council. The
property in question is not needed in order to complete the public improvements in
this area, so the council chose not to pursue the purchase of this property.
Action Reauested
The City Council is asked to consider the attached resolution supporting the
continued Green Acres status of certain property owned by Roger and Jean Eull for
so long as the property qualifies for Green Acres, and to consider a proposal to
purchase all or a portion of the property owned by Roger and Jean Eull which is
being assessed as part of the Eastern Area Improvement Project.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
FROM ,GRAY PLANT MOOTY MOOTY & BENNETT (#3)
(THUl 90 9' 99 14:31/8T. 14:30/NOo 4261218206 P 4
.
STATB OF MnmESOl"A
COUNTY OF SHERBUIlNB
DISTRICT COURT
TENTH JUDICIAL DISTRICt
CIVIL DMSION
RDpr N. Bull ad.101D M.. Bun.
p'laifttifBl,
COURT PILJ! NO. Cl-9S.2118
VI.
MEDIATION SEn'LIMENT
AGREEMENT
City of Bit lUver.
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The ahov~ maaer..... hard in ~ilfit'llft OIl 1M 121b day of AIpIl, 1m, by
~.~" Jefhy A. Canon. IWq.; the phiftliftk WeB pre8CIIt 8Dd repn:scmcd by Jama A.
Bu:asprdMr. Eaq.; die D-f'-w'nr wu pr8I8DllDd mpr.Mft+~ by Howard A. JoatmJ. Esq.; IDd
FolloWiDa tho MocJistlftn seuiGD. the partlOl hava .- to . lICttlc:m&mt of this cue 81
tbUows:
1. Tho City ofBlk Ri'Vlt .. fA pI8 a ~ supportiDa' tba C^ft';"nocl Green
AcnIs dItqs forPLaintlffil' pzopcItytbno lquP1mntifRIt property qulilCM tbrGrIeD A/:ft&. The
City .... to pmvidc , tint draft of laid hIolutitm far mview by P1Mnttf&:- COUDIOL
2. A a,.....111q1Je1t "'. CltJ tbal :;-"",~j aD or . partiaIl ofPlai"f'iflf'a1 pmpc:rty
will he made to the City. plaifttiftk will be J1OCifiocl of the date 1hat sud1 a request will be
coI1Iidorod.
3. t1poD c:omp1ltion ot the 1boYe.. bath pati.s ape to aeoutD a StipulaliOD for
n;..,..j--l With Prejudice of tis cue. without 0DstII or di.sb~tt t.o elk party.
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FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3)
.
(THU) 9. 9' 99 14: 31/ST. 14:30/NO. 4261218206 P 5
The pania b8rero imeDd tbia ~ made u . rau1~ otMedi.;= to be biDdtq.
Datad this _ day of Au.pst, 1999.
.
Roger N. Bull. pLlifttitw Appat1-r
Jcm M. 2ul1. PlaiDtUf/Appcllat
TERPSTRA. BLACK, BKANDEU. A JENSBN
1..A.~(#2S6W7)
Ar1l1mq b pWtoltifllitl~I.~ Eu11
913 Main su-
m JUver. NN S533o.uoa
(612)441-7040
CITY OP P.1XJUVBIl
DatIKl tbia _ day at Aupst, 1999. ~
DItacl1lUa_ day of .l'lp'~ 1999.
.
Its:
MASLON. EDELMAN, BODlAN & BRAND
BDward A. ... (1260460)
ADmIf/ fClr~rJRtIpOIId_ City
3300 Norwat CfIItIr
go So1Ida s.v_ Snet
1("""''''V'u. NN SSi02-4140
(612) 672.8375
MEDIATOR:
Ide)' A. CmaD
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TOm... P. S4
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RESOLUTION 99-_
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION SUPPORTING THE CONTINUED
GREEN ACRES STATUS OF CERTAIN PROPERTY
OWNED BY ROGER AND JEAN EULL FOR SO LONG AS
THE PROPERTY QUALIFIES FOR GREEN ACRES
WHEREAS, Roger and Jean Eull own certain property located within the
City of Elk River which is currently within the "Green Acres"
program for real estate tax purposes; and,
WHEREAS, the City of Elk River has agreed, as part of a "Mediation
Settlement Agreement" to settle certain litigation between the
City of Elk River and Roger and Jean Eull, to pass a resolution
supporting the continued Green Acres status of this property
for so long as the property qualifies for Green Acres.
NOW, THF~REFORE, BE IT RESOLVED by the City Council of the City of
Elk River that the City supports the continued Green Acres status of Roger
and Jean Eull's property for so long as that property qualifies for Green
Acres.
Passed and adopted by the City Council of the City of Elk River, Minnesota
this 13th day of September, 1999.
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
s: \ document \ resoluti \eullprop.doc