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CR 88-115 Request Engineers Report - Parking Ramp --~ -" . , 1I ~ .... ., o ,.. K ' ,\ . June 14, 1988 :~~. Y~'.'- .. . . council Report: 88-115 REQUEST FOR ENGINEERS REPORT PARKING RAMP rroposed Action. Staff recoDl1'l\ends the following motion: Move t!U~t ResOlution 8S-51 L. B,!solution Ordering Preparation. of Engineers Report on Parkina' Ramp I~provement. be adopted. This action would start the process of assessing part of the costs for the parkinq ramp as per agreement with Lexington Development Co, OVerview. The City has an agreement with Lexington company for the cost sharing of the parking ramp. That agreement states in part that a certain amount should be assessed and what the terms are for the assesSEent. The city Attorney has stated that the normal procedure should be followed to levy the assessment. That proceedure would be to request an engineers report, to call for and hold a public hearing on the project, and order that the project be constructed as per agreement. Primarv Issues to Consider. o Is an engineers report and public hearing necessary? The City attorney advises that this is the proper proceedure to follow. o Should this procedure commence at this time? If the project is to 'be assessed in 1988 as per aqreement, it is necessary to beqin the procedure as Boon as possible. supporting Information. o Copy of agreement o Memo from the city Attorney o ReSOlution :A(t~ G on P. Anderson 'rector of Engineering ., . . 1" r~/ ~ ' c,.~<::;' - " .r...~- corr~ction of title. the payments hereunder required shall be postpone<!, but upon correction of tltlet and within ten (l0) days after written notice, the City shaH per-form as provirled in this Agreement. If said title is not marketable and is not made so within tnree (3) months from the date of written objeetions tnereto as above provided, the City's sole remedies hereunder shall be to either: (8) terminate this Agreement by giving written notice by registered mail to the Company, in which event this Agreement shall become null and void and neither party shall be liable for damage! hereunder to the other party and moneys paid by the City hereunder, if any, shall be refunde<l; or I -l ,'I . ,1 .1 (b) elect to accept title in its unmarketable condition by giving written notice by registered mail to the Company, in which event the warranty deed to be delivered at Closing shall except such objections.. Section 7. Construction of Parking R.amp. The City agrees that it will construct the Parking Ramp on the Parking Property, provided that: its obligations hereunder are subject to the express conditions that (i) the total development cost of the Parking Ramp shall not exceed $2,139,500, and (ii) it has issued the Bonds upon acceptable terms and in an amount sufficient to pay such costs. The City shall advise the Company not later than June 8, 1988 whether the conditions ~t forth in (1) and (ii) have been satisfied. In the event the conditions have not been satisfied or waived by such date, the Company sball have the option to terminate this Agreement. Section 8. Company's Right to Parking Permits. The Company shall have" the exclusive right to use 120 parking spaces within the Parking Ramp during the Term of this Agreem~nt in consideration of its agreements and obligations hereunder, including its conveyance of the Company Property without monetary compensation. In addition. the Company may purchase additional parking permits on the same basis as members of the general public. Upon expiration of this Agreement, the Company shall have a first right to purchase 120 parking permits at the permit cost in effect at such time. Section 9. Company to Pay Portion of Development Cost. The Company hereby acknowledges that the construction of the Parking Ramp and the availability of 79 spaces therein shall be a benefit, to the Office Property and agrees not to contest or chaHenge in any manner an assessment against the Office Property in an amount equal to $391.998 as consideration therefor. such assessment to be spread over IS years commencing in 1989, unpaid installments to bear interest at the rate of 7.6% per annum. The amount of each annual installment shall be $43,812. Section 10. Operation and Maintenance; Payment of Expenses. The City shall operate and maintain the Parking Ramp. The City shall annually during the term of this Agreement levy an assessment against the Office Property to cover' the City's expenses of operation and maintenance in an amount equal to $12,000 in the first year of operation, increasing by 5% per year in each year thereafter, compounded annually. In the event the Cityls actua.l expenses incurred &ttrib}Jtable on a pro rata basis to the 120 stalls (or such lesser number of stalls as may be available to the COil\{>any after damage or condemnation) used by the Company, including allocable portions of salary of City employees and overhead and 4 . .i. . ~. c T Y o F N S HOP K MBMO Date: June 8, 1988 To: Gordy Anderson From: Jerre Miller Ra: Assessment Procedure I have researched M. S. 429.011 et seq. pursuant to your inquiry of whether the shortened assessment procedure outlined in M. S. 429.031, Subd. 3 can be followed with regard to the proposed assessment for the parking ramp agreed to by Norwest Properties, 1no_ Subdivision 3 says whenever all the owners of real property petition for an improvement and agree to be assessed for the entire cost, the Council may avoid a public hearing by adopting a resolution to that effect and ordering in the improvement. M. S. 429 does not include parking lots or parking ramps as authorized improvements. Because 'the amount we are City's time table will not regular assessment procedur followed in this .instance. dealing with is sizable and the be impaired by adhering to the I recommend its provisions be 1010 First Street South, HopkLns, Minnesota 55343 612/935-8474 An Equal Opportunity Emr10yer . '- . CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-51 A RESOLV1'ION ORDERING PREPARATION OF ENGINEER'S REPORT ON IMPROVEMENTS WHEREAS a petition has been received requesting that consideration be given to the improvement of the property between loth a.nd 11th Avenues South, north of the Norwest Bank Building by the construction of a parking ramp thereon and the assessment of benefiting property tor all or a portion of the cost of the improvement pursuant to M.S.A., . Secs. 429.011 to 429.111, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, that the proposed improvement be referred to Gordon Anderson, Director of Engineerinq, for study and he is instructed to report with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasiblo and as to whether they should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvements as recommended. Adopted by the City Council of the City of Hopkins, Minnesota this 21st day of June, 1988 JAMES A. GENELLIE City Clerk DONALD J. MILBERT, Mayor . JERRE A. MILLER, City Attorney . , ~.. -.". ... ',' .: _ '. . ",: . I . " ., I ....;, '. . ...,..." _ . I. r _ '.~' . ,. '.. .