HomeMy WebLinkAbout18-029 Settlement Smith and Reko
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-029
A RESOLUTION APPROVING SETTLMENT OF SPECIAL ASSESSMENT APPEALS
AND ADOPTIONG REASSESSMENTS FOR 3380 AND 3385 SYCAMORE TRAIL SW
Motion By: McGuire Second By: Braid
WHEREAS, the City of Prior Lake (“City”) imposed special assessments pursuant to
Minn. Stat. Chap. 429 in connection with the City’s 2017 Sycamore Trail SW Area Improvement
Project, City Project TRN#17-000005 (“Project”). The City adopted Resolution No. 17-174 on
October 16, 2017 imposing a special assessment in the amount of $9,142.22 against each property
in the project area.
WHEREAS, Scott J. Smith filed a special assessment appeal regarding the property located
at 3385 Sycamore Trail SW, Prior Lake, MN 55372 and Robert Reko filed a special assessment
appeal regarding the property located at 3380 Sycamore Trail SW, Prior Lake, MN 55372.
WHEREAS, the City has reached an agreement with Smith and Reko to settle the special
assessment appeals and dismiss the litigation with prejudice.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. In consideration for the execution of the attached Settlement Agreement and Stipulation for
Dismissal with Prejudice, the City adopts the following reassessments for the Project
(“Reassessment”):
3380 Sycamore Trail SW $6,000
3385 Sycamore Trail SW $6,000
3. The Reassessment shall be payable in equal annual installments extending over a period of
10 years. The Reassessment shall bear interest at the rate of 3.80% per annum from October
16, 2017, the date of adoption of the original assessment resolution. To the first installment
of the Reassessment shall be added interest on the entire Reassessment from October 16,
2017 until December 31, 2018. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
4. The entire Reassessment may be paid at any time with interest accrued to December 31 of the
year in which the payment is made. Such payment must be made by November 15 or interest
will be charged through December 31 of the succeeding year.
5. The City Attorney shall execute and file the attached Settlement Agreement and Stipulation
for Dismissal with Prejudice.
6. This Resolution shall become effective as of the dismissal by the Court of Court File No. 70-
CV-17-20738 and Court File No. 70-CV-17-20739 and at that time the Reassessment shall be
certified to the County Auditor.
Passed and adopted by the Prior Lake City Council this 19th day of March 2018.
VOTE Briggs McGuire Thompson Burkart Braid
Aye ☒ ☒ ☒ ☐ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☒ ☐
______________________________
Frank Boyles, City Manager