CR 99-189 Cancel Assessment 1998 Alley Project US West/Arts Center
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September 29, 1999
HOPKINS
Council Report 99-189
Cancel Assessment
1998 Alley Project
US West! Arts Center
Proposed Action.
Staff recommends adoption of the following motion: Move that Council adopt Resolution 99-
100, Resolution to Rescind Previous Adoption of Assessment Roll, Alley Reconstruction Project
97-16.
This action will cancel a previous special assessment levied against US West Communications.
Overview.
Council at its May 18 meeting considered a proposed assessment roll for alley reconstruction
between the Arts Center and the US West Central Office Building and a public hearing was set
for June 15. Hopes were that the City could negotiate the purchase of some US West property
adjacent to the alley for parking purposes in lieu of assessments. The assessment hearing was
ordered with anticipation that the parcel could be acquired before June 15. A deed was not
forthcoming on that date and Council proceeded with levying assessments of$15,966.32 with
the proviso that it could revisit the issue once the City had successfully negotiated a sale of
property. Staff is advising Council that the City now owns the sought after property and that the
previous assessment action be rescinded.
Primary Issues to Consider.
. Ownership of property
A valid deed of the property in question was delivered to the City attorney and it has been
duly recorded at Hennepin County.
Rescission rights
The City attorney advises that Council is empowered under provisions ofM.S.A29.061 to
amend action taken on adoption of special assessments. In this case Council has the right
to rescind or cancel a previously adopted assessment roll.
Staff recommendation
Staff recommends adoption of Resolution 99-100 to cancel the special assessment for
alley reconstruction levied against US West Communications.
Supporting Information.
Resolution 99-100
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James Gessele
Engineering Superintendent
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 99-100
RESOLUTION TO RESCIND PREVIOUS ADOPTION
OF ASSESSMENT ROLL, ALLEY RECONSTRUCTION
PROJECT 97-16
WHEREAS, pursuant to proper notice duly given as required by law, the City Council
met, heard and passed upon objections related to the proposed assessments for alley
reconstruction, described in the files of the City Clerk as Project 97-16 on the 15th day of June,
1999, and
WHEREAS, such proposed assessments were accepted and adopted on the 15th day of
June, 1999, with the understanding such special assessments could be rescinded before their date
of certification,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HOPKINS,
MINNESOTA:
The previous special assessment related to City Project 97-16 and adopted by Council
action on June 15, 1999 in Resolution 99-48 is hereby rescinded in all respects and the
City Clerk is hereby ordered to remove the special assessment from consideration for
certification. '
Adopted by the City Council of the City of Hopkins this 5th day of October, 1999.
By
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
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