HomeMy WebLinkAbout4B - St. Michael;s Church Special Assessments
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ALTERNATIVES:
RECOMMENDED
MOTION:
CITY COUNCIL AGENDA REPORT
April 5, 1999
4B
Frank Boyles, City Manager
CONSIDER AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE CITY
OF PRIOR LAKE AND ST. MICHAEL'S CHURCH WITH RESPECT
TO SPECIAL ASSESSMENTS, AND APPROVING APPLICATION
FOR ABATEMENT.
History
The Church owns six parcels which received assessments for special
benefit received in conjunction with the Duluth/Pleasant Street
Improvement project. The Church appealed its assessments.
Current Circumstances
In accordance with City Council direction, the City Attorney's office
has sought to negotiate a settlement. The attached settlement
agreement, which both parties have agreed to, is in accordance with
the Council's direction. The rationale for assessment modifications
include (1) already existing sidewalk, curb and gutter; (2) consistency
in assessment calculation; and (3) savings to the City in legal and
appraisal costs.
Attached is the abatement form which is filed with the County to
effectuate this action. The Council should approve the Application for
Abatement.
(1) Approve the Settlement Agreement and Application for Abatement
as part of the consent agenda.
(2) Remove the item from the consent agenda for discussion.
Alternative No. (1). Motion and second to approve the Settlement
Agreement and Application for Abatement as part of the consent
agenda.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
CASE TYPE: 14-0ther Civil
St. Michael's Catholic Church,
COURT FILE NO. 1998-16673
Appellant,
vs.
STIPULATION OF SETTLEMENT
City of Prior Lake,
a municipal corporation,
Respondent.
1. The special assessments levied against the properties further described in
Paragraph 2 herein for City Projects #98-14, #98-15, and #98-16 are hereby reduced
to a total of Thirty Two Thousand and No/100 ($32,000.00) Dollars.
2. Special assessments relating to the following properties for City Projects
#98-14, #98-15, and #98-16 will be levied at the reduced amount set forth below, with
the annual installments calculated at 8 % interest, per annum commencing September
21, 1998.
Property Description
Original Assessment
Reduced Assessment
Church
(PIN #25-902-055-0)
$ 8,730.00
$ 8,730.00
Church corner
(PIN #25-902-133-0)
$13,750.00
$ 343.00
Church parking lot
(PIN #25-902-128-0)
$ 5,500.00
$ 5,500.00
71038
School grounds $ 6,875.00 $ 6,875.00
(PIN #25-902-075-0)
School parking lot $ 9,625.00 $ 9,625.00
(PIN #25-005-001-0)
Rectory $ 927.00 $ 927.00
(PIN #25-902-074-0)
TOTAL
$45,407.00
$32,000.00
3. The parties through their respective attorneys will execute and file with
the Court a Stipulation of Dismissal With Prejudice.
St. Michael's Catholic Church
Dated:
By:
Dated:
By:
City of Prior Lake
Dated:
By:
Wesley M. Mader, Mayor
Dated:
By:
Frank Boyles, City Manager
71038
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
CASE TYPE: 14-0ther Civil
St. Michael's Catholic Church,
COURT FILE NO. 1998-16673
Appellant,
vs.
STIPULATION OF DISMISSAL
WITH PREJUDICE AND ORDER
City of Prior Lake,
a municipal corporation,
Respondent.
The parties hereto named above, by and through their respective counsel,
hereby stipulate and agree that the matter may be dismissed in its entirety, on the
merits and with prejudice and without further costs to any party.
Dated:
Dated:
JOSEPH R. CADE
ATTORNEY AT LAW
CAMPBELL KNUTSON
PROFESSIONAL ASSOCIATION
By:
By:
Matthew K. Brokl, #218558
Attorneys for Respondent
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
Joseph R. Cade, #14011
Attorney for Appellants
14141 Glendale Road
Savage, Minnesota 55378
Telephone: (612) 894-6400
71038
ORDER
Based upon the Stipulation of the parties, IT IS HEREBY ORDERED that this
matter is dismissed with prejudice and without cost to any party.
Dated:
, 1999.
BY THE COURT:
Judge of District Court
71038
~--.
. rr
Commissioner of Revenue Abatement Form 4 (Rev.5/90)
APPLICA TION FOR ABATEMENT - GENERAL FORM
(l\iLS.3 7 5.192)
County Auditor's No.
County of SCOTT
F or taxes levied in
and payable in
1998
1999
Please print or type.
Applicant's Name: City of Prior
Applicant's Social Security Number:
Telephone (Work): 447-9841
Telephone (Home):
DESCRIPTION OF PROPERTY
Street Address (If different than above)
Lake
Applicants Mailing Address:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Parcel ID No: 25 902 133 0
City or Tovmship
New Class Code:
School District
Legal Description of Property:
.86 Acres
2-114-22
MP#
HGA=
ASSESSOR'S ESTIMATED lVIARKET VALUE:
Land $
Structures $
Total $
Class
APPLICANT'S STATEMENT OF FACTS:
As a result of a special assessment appeal by St. Michael's Catholic Church, the
Prior Lake City Council and St. Michael's Church have entered into a Stipuluation
of Settlement (see attached document) whereby the original special assessment in
the amount of $13,750.00 on PIn #25 902 133 0 is tob~educed to an amount of
$343.00.
APPLICANT'S REQUEST:
The correct paving assessment c~rtified beginning payable 1999 is $343.00 spread over
a period of 10 years at 8% interest. Therefore, the special assessment installment
on the 1999 property tax statment is to be chang~d to the following amount:
Assessment Code 95:
1999 Annual Principal
1999 Annual Interest
2000-2007 Balance
$34.30
35.03
308.70
~~-
Applicant' 5 Signature
4/6/99
Date
NOTE: Minnesota Statutes 1988, Section 609.41, "Whoever, in making any statement, oral or written, which is required or
authorized by law to be made as a basis of imposing, reducing, or abating any ta'C or assessment, intentionally makes any statement
as to any material matter which the maker of the statement knows is false may be sentenced, unless otherwise provided by law, to
imprisonment for not more than one year or to payment ofa fine of not more than $3,000, or both."