HomeMy WebLinkAbout5F - Mayor & City Mgr. Agreemen
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
November 18, 2002
4F
Frank Boyles, City Manager
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR
AND CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENTS.
History: Last year, the City completed the Frogtown Street Reconstruction Project
benefiting over 77 parcels. Of that total, two property owners representing four
parcels of land submitted appeals to their special assessments.
Current Circumstances: Over the past number of months, the City Attorney's
office has been meeting with the attorney for the property owners in an effort to
resolve the matter out of court. Agreement has been reached to settle the appeals
and is reflected in the content of the attached settlement agreements.
Conclusion: The City Council should consider the attached settlement
agreements as prepared by the City Attorney's office, and, if appropriate,
authorize the Mayor and City Manager to execute the same.
ALTERNATIVES: (1) Motion and Section to approve the attached resolution authorizing the Mayor
and City Manager to execute the settlement agreements.
(2) Take no action and provide direction to staff.
RECOMMENDED
MOTION: Alternative (1).
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
1:\COUNCIL\AGNRPTS\2002\FROGTOWN AIP.R~~J000RTUNITY EMPLOYER
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RESOLUTION 02-XX
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE SETTLEMENT AGREEMENTS FOR FROGTOWN
SPECIAL ASSESSMENT APPEALS.
Motion By:
Second By:
WHEREAS, the City of Prior Lake completed a 2002 Street Reconstruction project in the Frogtown area
benefiting over 77 properties; and
WHEREAS, special assessment appeals were filed on behalf of Jon and Susan Leidner and on behalf
of Gerald Haferman; and
WHEREAS, the City Council directed the City Attorney's office to defend the City in this matter; and
WHEREAS, the City Attorney and representative of the Leidners and Hafermans have reached a
settlement on this matter which is memorialized in two settlement agreements prepared by
the City Attorney's office.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are hereby authorized to execute settlement agreements on behalf of
the City.
PASSED AND ADOPTED THIS 18th DAY OF NOVEMBER, 2002.
YES
NO
Haugen Haugen
Vacant Vacant
leMair leMair
Petersen Petersen
Zieska Zieska
City Manager, City of Prior Lake
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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STATE OF MINNESOTA
COUNTY OF SCOTT
Jon G. Leidner and
Susan L. Leidner,
Appellants,
vs.
City of Prior Lake, a Municipality
of Scott County, Minnesota,
Respondent.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Case Type: Assessment Appeal
CASE NO. 0121979
STIPIILATION FOR DISMISSAL WITH
PRE 1\ IDICE
IT IS HEREBY AGREED AND STIPULATED by the parties that this matter shall
be DISMISSED WITH PREJUDICE, with each party to bear its own fees and costs.
Dated:
,2002
By:
James A. Terwedo Reg. No. 016513X
111 South Broadway
Jordan, Minnesota 55352-1505
(952) 492-2800
ATTORNEY FOR APPELLANTS
SO ORDERED:
Dated:
,2002
ON: 168131
Dated:
,2002
HALLELAND LEWIS NILAN
SIPKINS & JOHNSON, P.A.
By:
Suesan Lea Pace Reg. No. 0199345
Joseph G. Schmitt Reg. No. 231447
600 Pillsbury Center South
220 South Sixth Street
Minneapolis, Minnesota 55402-4501
(612) 338-1838
ATTORNEYS FOR RESPONDENT CITY OF
PRIOR LAKE
Scott County District Court
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is entered into by Jon
Goo Leidner and Susan L. Leidner ("Leidners"), and the City of Prior Lake ("City")
(collectively the "Parties") effective on the latest of dates indicated below.
WHEREAS, Leidners are the owner in fee of certain property located in the City
of Prior Lake, including the following:
1. That part of the Northeast Quarter of the Northeast Quarter of Section
2, Township 114, Range 22, Scott County, Minnesota, described as
follows: beginning at the intersection of the westerly extension of the
northern line of Oak Street according to the plat of Schmokel's Addition
with the westerly line of Fifth Street in said plat; thence southerly along
said westerly line of Fifth Street a distance of 160.00 feet; thence
westerly parallel with said northerly line of Oak Street to its intersection
with the easterly right-of-way line of State Trunk Highway No. 13; thence
northerly along said easterly right-of-way line to its intersection with a
line parallel with said northerly line of Oak Street from the point of
beginning; thence easterly along said parallel line to the point of
beginning, 259020031 ("the Parcel"); and
WHEREAS, the City assessed the Leidners' property the total sum of
$25,068.00 for street improvements; and
WHEREAS, a dispute has arisen between the Parties concerning the
appropriateness of the City's assessment; and
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WHEREAS, Leidners allege that the special benefits from the public
improvements have not resulted in an increase in the market value of Leidners'
property in an amount equal to or greater than the amount of the assessments; and
WHEREAS, the City contends that the special benefits from the public
improvements have resulted in an increase in the market value of Leidners' property
in an amount equal to or greater than the amount of the assessments;
WHEREAS, the undersigned wish to resolve and settle the dispute between
themselves;
NOW THEREFORE, the Parties in consideration of the mutual promises
contained herein agree as follows:
1. The City agrees to reduce the assessments on Leidners' property as
follows: the assessment of the Parcel shall be reduced from $25,068.00 to $7,500,
a reduction of $17,568.00. The parties agree that the amount of the reductions
listed above will be applied to the remaining amounts assessed against the Parcel.
2. The Leidners hereby release the City from all liability the City may have
to Hafermann for any and all claims that the Leidners may have against the City and
its current and former officers, employees, attorneys, agents, assigns, insurers,
representatives and counsel for anything that has occurred up to the date of
execution of this Agreement. For the consideration expressed herein, the Leidners
hereby release and discharge the City from all liability for damages, affirmative or
equitable relief, judgments, or attorneys' fees and agrees not to institute any claim
for damages, affirmative or equitable relief, judgments, or attorneys' fees by charge
or otherwise, nor authorize or assist any other party, governmental or otherwise, to
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institute any claim to recover damages, affirmative or equitable relief, judgments, or
attorneys' fees on their behalf via administrative or legal proceedings against the City
for any damages, judgments, or attorneys' fees.
3. Leidners agree to take any and all steps necessary to dismiss the Notice
of Appeal of Special Assessments that they filed with Scott County District Court,
including an execution of a Notice of Dismissal in the form attached hereto as
Exhibit A.
4. This Agreement is the result of a compromise of doubtful and disputed
claims and is not an admission of any liability on the part of the Parties.
5. Should any of the provisions of this Agreement be rendered invalid by a
court or governmental agency of competent jurisdiction, it is agreed that this shall
not in any way or manner affect the enforceability of the other provisions of this
Agreement which shall remain in full force and effect.
6. This Agreement shall be governed by, and inspected in accordance with,
the laws of the State of Minnesota, not including its choice.of.law rules. It is the
express intent of the parties that this Agreement be binding and enforceable under
the principles of law applicable to contract and that the Agreement itself may be
used as evidence in subsequent proceeding in which any party alleges a breach of
this Agreement.
7. This Agreement constitutes the entire agreement and final
understanding between the Leidners and the City. It is intended by the parties as a
complete and exclusive statement of the terms of their agreement. It supersedes
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and replaces all prior negotiations and all agreements proposed or otherwise,
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whether written or oral, concerning the subject matter hereof. Any representation,
promise or agreement not specifically included in this Agreement shall not be
binding upon or enforceable against either party. This is a fully integrated
agreement. Any modification of, or addition to, this Agreement must be in writing
signed by the Leidners and an authorized representative of the City.
8. Each party has cooperated in the drafting and preparation of this
Agreement. Hence, in any construction to be made of this Agreement, the same shall
not be construed against any party on the basis that the party was the drafter.
9. This Agreement may be executed in counterparts, and each
counterpart, when executed, shall have the efficacy of a signed original.
Photographic copies of such signed counterparts may be used in lieu of the originals
for any purpose.
10. All parties agree to cooperate fully and to execute any and all
supplementary documents and to take all additional actions that may be necessary
or appropriate to give full force to the basic terms and intent of this Agreement and
which are not inconsistent with its terms.
11. The Leidners hereby affirm and acknowledge that they have read the
foregoing Agreement, that they have been advised to consult with an attorney prior to
signing this Agreement, and that they have, in fact, consulted with an attorney of
their own choosing before executing this Agreement. The Leidners further affirm that
they understand the meaning of the terms of this Agreement and their effect and that
they agree that the provisions set forth in the Agreement are written in language that
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they understands. The Leidners represents that they enter into this Agreement freely
and voluntarily.
IN WITNESS WHEREOF, the parties to this instrument have signed and dated
this five (5) page Agreement as indicated below.
Jon G. Leidner
Subscribed and sworn to before me
this _ day of , 2002.
Notary Public
Susan L. Leidner
Subscribed and sworn to before me
this _ day of , 2002.
Notary Public
CITY OF PRIOR LAKE
Dated:
By:
Its:
I am of the City of Prior Lake, and I am
authorized to sign the foregoing Stipulation Agreement and Release for and on behalf
of the City of Prior Lake.
Subscribed and sworn to before me
this _ day of , 2002.
Notary Public
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STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SCOTT
FIRST JUDICIAL DISTRICT
Case Type: Assessment Appeal
Gerald E. Hafermann,
CASE NO. 0121977
Appellant,
vs.
STIPIILATION FOR DISMISSAL WITH
PRE IIIDICE
City of Prior Lake, a Municipality
of Scott County, Minnesota,
Respondent.
IT IS HEREBY AGREED AND STIPULATED by the parties that this matter shall
be DISMISSED WITH PREJUDICE, with each party to bear its own fees and costs.
Dated:
,2002
Dated:
,2002
HALLELAND LEWIS NILAN
SIPKINS & JOHNSON, P.A.
James A. Terwedo Reg. No. 016513X
111 South Broadway
Jordan, Minnesota 55352-1505
(952) 492-2800
By:
Suesan Lea Pace Reg. No. 0199345
Joseph G. Schmitt Reg. No. 231447
600 Pillsbury Center South
220 South Sixth Street
Minneapolis, Minnesota 55402-4501
(612) 338-1838
ATTORNEYS FOR RESPONDENT CITY OF
PRIOR LAKE
By:
ATTORNEY FOR APPELLANT
SO ORDERED:
Dated:
,2002
Scott County District Court
ON: 168129
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is entered into by
Gerald E. Hafermann ("Hafermann"), and the City of Prior Lake ("City") (collectively
the "Parties") effective on the latest of dates indicated below.
WHEREAS, Hafermann is the owner in fee of certain property located in the
City of Prior Lake, including the following:
1. Lots 1 and 2, Block 1, Schmokel's Add'n, PID 250030010 ("the First
Parcel");
2. Lot 12, Block 2, Schmokel's Add'n, and the westerly 30 feet of Lot 11,
PID 250030142 ("the Second Parcel"); and
3. Lots 13 and 14, Block 2, Schmokel's Add'n, PID 250030150 ("the Third
Parcel"); and
WHEREAS, the City assessed Hafermann's property the total sum of
$47,917.10 for street improvements; the breakdown of said improvements being as
follows:
1. The First Parcel - $16,712.
2. The Second Parcel - $13,369.60.
3. The Third Parcel - $17,835.50; and
WHEREAS, a dispute has arisen between the Parties concerning the
appropriateness of the City's assessment; and
WHEREAS, Hafermann alleges that the special benefits from the public
improvements have not resulted in an increase in the market value of Hafermann's
property in an amount equal to or greater than the amount of the assessments; and
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WHEREAS, the City contends that the special benefits from the public
improvements have resulted in an increase in the market value of Hafermann's
property in an amount equal to or greater than the amount of the assessments;
WHEREAS, the undersigned wish to resolve and settle the dispute between
themselves;
NOW THEREFORE, the Parties in consideration of the mutual promises
contained herein agree as follows:
1. The City agrees to reduce the assessments on Hafermann's property as
follows:
A. The assessment of Parcell shall be reduced from $16,712 to
$7,500, a reduction of $9,212;
B. The assessment of Parcel 2 shall be reduced from $13,369.60 to
$8,000, a reduction of $5,369.60; and
C. The assessment of Parcel 3 shall be reduced from $17,835.50 to
$7,500, a reduction of $10,335.50.
The parties agree that the amount of the reductions listed above will be
applied to the remaining amounts assessed against each of the Parcels discussed
herein.
2. Hafermann hereby releases the City from all liability the City may have
to Hafermann for any and all claims that Hafermann may have against the City and
its current and former officers, employees, attorneys, agents, assigns, insurers,
representatives and counsel for anything that has occurred up to the date of
execution of this Agreement. For the consideration expressed herein, Hafermann
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hereby releases and discharges the City from all liability for damages, affirmative or
equitable relief, judgments, or attorneys' fees and agrees not to institute any claim
for damages, affirmative or equitable relief, judgments, or attorneys' fees by charge
or otherwise, nor authorize or assist any other party, governmental or otherwise, to
institute any claim to recover damages, affirmative or equitable relief, judgments, or
attorneys' fees on his behalf via administrative or legal proceedings against the City
for any damages, judgments, or attorneys' fees.
3. Hafermann agrees to take any and all steps necessary to dismiss the
Notice of Appeal of Special Assessments that he filed with Scott County District
Court, including an execution of a Notice of Dismissal in the form attached hereto as
Exhibit A.
4. This Agreement is the result of a compromise of doubtful and disputed
claims and is not an admission of any liability on the part of the Parties.
5. Should any of the provisions of this Agreement be rendered invalid by a
court or governmental agency of competent jurisdiction, it is agreed that this shall
not in any way or manner affect the enforceability of the other provisions of this
Agreement which shall remain in full force and effect.
6. This Agreement shall be governed by, and inspected in accordance with,
the laws of the State of Minnesota, not including its choice.of.law rules. It is the
express intent of the parties that this Agreement be binding and enforceable under
the principles of law applicable to contract and that the Agreement itself may be
used as evidence in subsequent proceeding in which any party alleges a breach of
this Agreement.
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7. Th i s Agreement constitutes the enti re agreement and fi na I
understanding between Hafermann and City. It is intended by the parties as a
complete and exclusive statement of the terms of their agreement. It supersedes
and replaces all prior negotiations and all agreements proposed or otherwise,
whether written or oral, concerning the subject matter hereof. Any representation,
promise or agreement not specifically included in this Agreement shall not be
binding upon or enforceable against either party. This is a fully integrated
agreement. Any modification of, or addition to, this Agreement must be in writing
signed by Hafermann and an authorized representative of the City.
8. Each party has cooperated in the drafting and preparation of this
Agreement. Hence, in any construction to be made of this Agreement, the same shall
not be construed against any party on the basis that the party was the drafter.
9. This Agreement may be executed in counterparts, and each
counterpart, when executed, shall have the efficacy of a signed original.
Photographic copies of such signed counterparts may be used in lieu of the originals
for any purpose.
10. All parties agree to cooperate fully and to execute any and all
supplementary documents and to take all additional actions that may be necessary
or appropriate to give full force to the basic terms and intent of this Agreement and
which are not inconsistent with its terms.
11. Hafermann hereby affirms and acknowledges that he has read the
foregoing Agreement, that he has been advised to consult with an attorney prior to
signing this Agreement, and that he has, in fact, consulted with an attorney of his
ON: 168099
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own choosing before executing this Agreement. Hafermann further affirms that he
understands the meaning of the terms of this Agreement and their effect and that he
agrees that the provisions set forth in the Agreement are written in language that he
understands. Hafermann represents that he enters into this Agreement freely and
voluntarily.
IN WITNESS WHEREOF, the parties to this instrument have signed and dated
this five (5) page Agreement as indicated below.
Gerald Hafermann
Subscribed and sworn to before me
this _ day of , 2002.
Notary Public
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CITY OF PRIOR LAKE
Dated:
By:
Its:
I am of the City of Prior Lake, and I am
authorized to sign the foregoing Stipulation Agreement and Release for and on behalf
of the City of Prior Lake.
Subscribed and sworn to before me
this _ day of , 2002.
Notary Public
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