HomeMy WebLinkAbout21-076 Execute Fish Point Rd Deed Restriction and Amend Assessment Roll
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 21-076
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A DEED
RESTRICTION FOR 15504 OMEGA TRAIL SE PROPERTY AND ADOPT THE AMENDED
ASSESSMENT ROLL FOR THE FISH POINT ROAD PHASE 1 RECONSTRUCTION
PROJECT (PROJECT 20-17)
Motion By: Burkart Second By: Braid
WHEREAS, On March 15, 2021 the City Council conducted an Assessment Hearing for the
Fish Point Road Phase 1 Reconstruction Project;
WHEREAS, At the hearing Mr. Benjamin Franzen of 15504 Omega Trail SE testified that
he does not believe that his property is subdividable and as a result should
only be assessed 1 unit rather than 1.5 units;
WHEREAS, Mr. Franzen was offered the option to execute a Deed Restriction that would
never allow his property to be subdivided;
WHEREAS, Mr. Franzen has provided a Deed Restriction to be executed by the City and
recorded against 15504 Omega Trail SE.
WHEREAS, The Fish Point Road Phase 1 Reconstruction Project assessment roll for
15504 Omega Trail SE shall be amended from 1.5 units ($13,500) to 1 unit
($9,000).
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. The portion of the cost of such improvements to be paid by the City is hereby declared to be
$3,619,260, and the portion of the cost to be assessed against benefited property owners is
declared to be $557,820.
3. The assessment for the property located at 15504 Omega Trail SE is hereby amended from
the originally adopted $13,500 to $9,000.
4. Assessments shall be payable on an equal principal installment method extending over a
period of 10 years for street improvements. The first installment shall be the annual
principal plus interest calculated from October 29, 2021 to the end of this year plus twelve
months of the next year and shall bear interest at the rate of 4.04% per annum.
5. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the City Finance Director, except that no interest
will be charged if the entire assessment is paid by October 29, 2021. The owner may, at
any time thereafter, pay to the City Finance Director the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such payment
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is made. Such payment must be made before November 14 or interest will be charged
through December 31 of the succeeding year.
6. The Finance Director shall forthwith transit a certified duplicate of this amended assessment
to the County Auditor to be extended on the property tax lists of Scott County. Such
assessments shall be collected and paid to the City in the same manner as other municipal
taxes.
Passed and adopted by the Prior Lake City Council this 7th day of June 2021.
VOTE Briggs Thompson Burkart Braid Churchill
Aye ☒ ☐ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☒ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager