3.6. SR 04-22-2002TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and Council
Lori Johnson, Finance Director
April 22, 2002
Consider Canceling Special Assessments to Cargill
* Item 3.6.*
Attached is a resolution to cancel the Eastern Area Improvement special assessments to
Cargill, Incorporated, (Cargill) property in accordance with the settlement agreement
effective August 1, 2000, reached between the City of Elk River and Cargill. As City
Attorney Peter Beck informed the Council at the April 15 meeting, he and Cargill's attorney
are working on the final details of the settlement agreement in anticipation of a May 1
signing.
Action Requested
The City Council is asked to adopt the attached resolution canceling certain assessments on
Cargill's property. However, if Cargill has not completed all of the necessary
requirements prior to Monday's meeting, the Council is asked to table this resolution
to the April 29 meeting or until Cargill has completed all of the necessary
requirements to finalize the settlement agreement.
S/Council/Lori/CargillCancel
RESOLUTION 02-
A RESOLUTION FOR THE CITY OF ELK RIVER
RESOLUTION CANCELING THE 1999 EAST ELK RIVER IMPROVEMENT
SPECIAL ASSESSMENTS LEVIED AGAINST CERTAIN CRRGILL~
INCORPORATED PROPERTY
WHEREAS, The City Council, on December 3, 1998, adopted a resolution levying
assessments against a number or properties for the East Elk River Improvement Project;
and
WHEREAS, among those properties assessed were the parcels described below owned by
Cargill, Incorporated ("Cargill"); and
WHEREAS, Cargill appealed the assessments described below to Sherbume County
District Court pursuant to Minnesota Statutes, Chapter 429; and
WHEREAS, the City and Cargill have been engaged in negotiations to settle Cargill's special
assessment appeal since shortly after the appeal was filed; and
WHEREAS, the City and Cargill entered into a settlement agreement, effective August 31,
2000, which addresses a number of issues between the parties, and provides that the special
assessments described below will be cancelled if Cargill meets certain conditions; and
WHEREAS, Cargill has met the conditions for cancellation of the assessments;
NOW, THEREFORE, BE IT RESOLVED: That the 1999 East Elk River
Improvement assessments levied against Cargill, Incorporated on the following properties be
cancelled effective with the installment due in 2002, and that all previous payments on the
assessments made by Cargill be refunded:
Parcel OhginalAssessment
75-011-1401 $205,320.00
75-011-2400 149,100.00
74-012-2000 6,300.00
Aq-rEST:
Stephanie A. Klinzing, Mayor
SandraA. Peine, CityClerk