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Home My WebLink About15.C.4. Approval of Mediated Settlement Agreement on an Assessment Appeal for Project No. 2002-4 /s,C.,y, CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Mediated Settlement Agreement on an Assessment Appeal for the 2003 Vierling Drive Improvement Project No. 2002-4 DATE: September 20, 2005 INTRODUCTION: Attached is a signed mediated settlement agreement by Cal & Sharron Haasken on their assessment appeal on the Vierling Drive Improvement Project, City Project No. 2002-4 and for City Council to approve and authorize the appropriate officials to sign this agreement. BACKGROUND: The City did construct the Vierling Drive improvements, from C.R. 15 to Orchard Park West, known as City Project No. 2002-4 and did levy special assessments on November 3, 2004 for this project. The special assessment amount against the Haasken'sproperty was in the amount of $250,452.30. The City and the Haasken's were required to enter into mediation for possible settlement in this matter on August 12, 2005. Due to this mediation effort, the attorney's for both sides have reached an agreement with respect to the lawsuit and have incorporated the terms of this agreement for Council to approve. The mediated settlement agreement is attached for Council to approve and would suspend the lawsuit as per the terms of the agreement. The Haasken's could reactivate this lawsuit if a right-in access from northbound C.R. 15 to the property, is not granted. The Haasken's must submit a development application for the property within three years, in order to determine if a right-in access would be granted. AL TERNATIVES: 1. Authorize the appropriate City officials to execute the mediated settlement agreement. 2. Do not authorize the appropriate City officials to execute. this agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.1, as per the City Attorney's recQmmendation. ACTION REQUESTED: Authorize the appropriate City officials to execute the mediated settlement agreement. ~ Bruce Loney, Public Wor Director BUpmp ENGRl2002PROJECTNlERLINGDRlWORDISETTLEMENT Sep-14-05 09:06 From-Kennedy & Graven +6123379310 T-306 P,OO'1/004 F-Ol0 .'" " - KENNEDY & GRAVEN, CHARTERED 470 U. S. BANK PLAZA MINNEAPOLIS, MN 55402 (612) 337-9300 FAX # (612) 337-9310 NOTICE OF CONFIDENTIAL INFORMATION This fax contains confidential information which is legally privileged. The information is for the sole use of the intended recipienr(s) listed below. Distribution or disclosure to any individuals not so listed is strictly prohibited. Date: September 14, 2005 Our File No.: SH155-158 Number of pages inclu.ding cover sheet: 1 If a problem arises, call my Assistant Cathy Rek"USki or the Service Center at (612) 337-9300 TO: Broce Loney TO: FAX #: 952-233-3801 F.AX #: FRQM: Jim Thomson Direct Dial #: (612) 337-9209 COMMENTS: . , . . .,' '- ~ ..,." +,. Jrr.2S90S6vl SHlS5.158 Sep-14-05 09:06 From-Kennedy & Graven +6123379310 T-306 P,002l004 F-010 ~ .~ NEATON & PUKlICH, P.L.L.P LEGAL ASSISTANTS: PATRICKJ. NEATON LORI B, NOLAN ST, AUBIN MICHAEL L PUKLlCH COURTNEY M. OLSON MICHAEL L. McCAIN September 9,2005 r- ,..- ,.~- 1 ! r'\ f.~ (Qj ~ n"%1 ~ r~ I :,~ (.1\" .,--,., . r '. \:ru\ SE? 1 2 2005::J\ Mr. James J. Thomson :U L .. iL:-' I Kennedy & Graven ,L,---.... I 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 RE: Haasken v. City of Shal<opee Dear Mr. Thomson: Please be advised that my clients have accepted the agreement witl'l the City of Shakopee. Therefore, enclosed herewith is the Mediated Settlement Agreement which has been signed by my clients. Please advise the Court that this matter has been settled and to remove this matter from COUlt's calendar on September 14, 2005. Also, I would request that you prepare a Stipulation of Dismissal in this action. Thank you for your attention and cooperation in this regard. Yours very truly, e~~t~ , strick 1. No'to . -. p~ Ene. cc: Cal Haasken . , , , , ..' .. ... ..:" '" ,:'. " ; , "'. :.:.;,:....'.: :.::!: J,:". :t~:.....,.I.:; ~, , , .. : (I ~. :': :.~~..:. . , " , ~. I .' ~. . . ,:."~: :-;!:~', . " '.' . I.',:." i' /. . . . -" . -- 601 CARLSON PAR.KWAY, SUITE 620 1 MINNETONl<A. MINNESOTA 55305 I !'liONE 952.258.8444' I FAX 952.258.9988 Sep-14-05 09:07 From-Kennedy & Graven +6123379310 T-306 P,003/004 F-Ol0 OB(n9ft~05 FRI 15:54 FAX 952 258 9988 NEATON & PUKLICH ~OO2/003 'MEDIATED SETILEMENl' AGREEM;EM' THIS AGREEMENT is entered into this _day of ,2005, by and between the City of Shakopee (GCity"), and Ca1.HaaskEnand SbaronH.aaskro, husband and v.ife' ("~"). RECITALS A. The Haaskens commenced an ac1ion in Scott County District Court, Erst Judicial District, Court File No. 2004-24050 ("Lawsuit") by wroch they challenged certain special assessments levied against thcir propertY, which is identified in county and city lax records as Paroel PID No. 21-912050-0 ("PropertY"). The special assessments were levied by the Shakopee City Cotmcil on November 3, 2004 for the 2003 Vierling Drive Improvement Project, City Project No. 2002-4 and resulted in a special assessment against tlle Ha.ask.ens' Property in the amount of $2S0A52.30. E_ The City and the I-Iaaskens mediated this matter on August 12, 2005 willi the HOllotable Robert. J- Schiefelbein (Retired) Serv1Dg as the mediator. The City and the Haas'keos have reached an agreement with respect to the Lawsuit and desire to memorialize '!he toIlIlS of.. that agr=ncnt in writing. NOW, THEREFORE. the City and the Haaskens agree as follows: l. The Haaskens intend to submit an application to the City to develop the) property within three years ftOl'Il th.e date of this Agreement. Duri.ng that pcnod, the Lawsuit will be placed on an inactive statuS but not dismissed. . 2. As part of the Development Application, the Haaskens inteo.d 'to :request that a right-in access be allowed from no:nbbound County Road 15 to the Property. The cast of any such access will be a development eos~ not a city cost. If the Haaskens 3l;e allowed to develop the Property with a right-in access from northbound County Road 15 to the 1?l"operty in a configurati.oJl acceptable to liaaske:n.s, then Haaskens shall dismiss the Law~mit with prejudice within 30 days after receiving fInal approval from such govemmenral entities as are necessary to effectwne such access, including the City, the County of Scot~ and the Minnesota Department of Transportation (hereiDafter "Oovemm.eIltal Appr.oY~"). The City a."1d the Haaskens shall. each bear their O'WD. costs,. expenses, disbUlsemcnts, and attorneys' fees in connec1ion with the Lawsuit. 3. If the HMs~ens. do not suhmlt a Development Application fur the P,ropeny vvithin th-cee years, or if the Governmental Approval's of the development does not include a rigbt-in access :fr.oo1 northbound Co\.Ul1y Road J.5 to the Property ~ the Haaskens may .reactiva:te the lavvsuit. 4. If a Development Applica1ion is not submitted forthePropexty within three years from the date of the Agreanent, either me City Qr lhe Haaskeos may. but axe not xequiredto, J:'eacti.vate the lawsuit.. J'JT..2,E;&94C..a I SH1SS.1SS 1 Sep-14-05 09:07 From-Kennedy & Graven +6123379310 T-306 P,004!004 F-Ol0 O~/~9!2U05 FRI 15:54 FAX 952 258 9988 NEATON & PUKLICH 19J 003/003 - . ' : 5. If the Lawsuit is reactivated, the Lawsuit will be tried based on the facts and circumstcm.ces reasooably known to the City and the Baaskens as of the date ofmis Agreement. 6_ This Media:ted Settlement Agreement is a binding agreement betWeen me-parties. 7. The City and the Haaske:o.s have been advised that the mediatoT has no duty to protect their interest or provide them 'With iDfo.t1llB.tion about their legal ri,gbts. 8. The City and the Ha.askens acknowledge that signing a Mediated Settlement Agreement may adversely affect their legal rights_ 9. Th~ City and.the Haaskens acknowledge tha:t!hey ~1.ve been ad.....ised to and bave had oppOrtll11\ty to consult 'With an attorney befo~ signing this outl.iDed settlement agreement, and have been given an opportunity to consult with an attorney if th.ey are uncertain as 10 their rights. 10_ Nothing in this Agreement is intended. to prevent the Baaskcns from defexri.ng pa~ of the special aSsessments under the so-called "Green Acres" provision in Minnesota law or any other applicable provision allowing the Haaskens 'to defer payment of tbe special assessments. (I~~~ Cat F{aas'ken .~""~~~ Sharon Haasken CITY OF SlIAKOPEE By: Its Ma:yor By: Its City Administrator By Its,City Clerk JJH6694Q~ SUI:SS-t5lf Agenda Item I5.C.5. This item will be e-mailed to you on Monday - the request was received Thursday night.