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HomeMy WebLinkAbout9.c. City of Rosemount vs. Thomas Piekarski Settlement Agreement4MOSEMOUT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: January 19, 2010 AGENDA ITEM: City of Rosemount vs. Thomas Piekarski AGENDA SECTION: Settlement Agreement New Business PREPARED BY: Eric Zweber; Senior Planner AGENDA NO. 9.c. ATTACHMENTS: Mediated Settlement Agreement Terms APPROVED BY: RECOMMENDED ACTION: Motion to approve the City of Rosemount vs. Thomas Piekarski mediated settlement agreement terms and authorization of the Mayor and City Administrator entering into the formal settlement agreement. ISSUE On July 7, 2009, the City Council authorized a civil action against Thomas Piekarski concern his continuous code violations as a result of his retail garden business. As a part of the trial schedule, the City was required to conduct binding mediation to attempt to resolve the matter short of a trial. On Thursday, January 14, retired Judge Roland Faricy conducted mediation between Eric Zweber, Senior Planner; Mary Tietjen, City Attorney; and an attorney from the League of Minnesota Cities representing the City and Thomas Piekarski and his attorney. After more than 5 hours of mediation, the parties arrived at the proposed settlement terms attached to this Executive Summary. The settlement terms included the allowance of Mr. Piekarski to display for sale up to 100 flower pouches, 50 hanging baskets, and 50 potted plants from April 15 to July 31, 2010 and 2011. This amount is less than the amount of product that has been for sale in the past two summers when approximately 150 pouches, 100 hanging baskets, and 80 pots have been on display at times. Following July 31, 2011, Mr. Piekarski will no longer be allowed to sell any pouches, hanging baskets, or potted plants, but would still be able to sell plants, fruit, and vegetables grown in his garden. If the City Council chose to approve this agreement, then: • A formal settlement agreement will be created and signed by both parties. • The lawsuit will be formally dismissed. If the City Council chose to deny this agreement, then: • The motion hearing will be conducted on February 25 requesting summary judgment. • The trial Judge would have until May to decide the case. • If the Judge decided in favor of the City, Mr. Piekarski would need to stop his business immediately. • If the Judge decided in favor of Piekarski, he would be able to sell as many pouches, baskets, and pots as he would like without regulation. RECOMMENDATION Staff recommends that the City Council approve the mediated settlement agreement terms and authorize the Mayor and City Administrator to enter into the formal settlement agreement. City of Rosemount vs. Thomas Piekarski Mediated Settlement Agreement Terms The parties agree to the following terms: 1. Defendant may post signs associated with any lawful garage sale allowed by City ordinance. 2. Defendant may sell items within the parameters of the City's garage sale ordinance, with 24 hours notice to City staff by email. 3. Defendant may store items outside on the property during the days of any lawful garage sale. 4. Defendant may erect temporary structures for the purpose of displaying items, including, but not limited to, A- frames, and similar structures during the days of any lawful garage sale. 5. Defendant may sell vegetables, fruit, plants and flowers that he grows and cultivates himself in the ground on his property on Friday through Sunday, 8 a.m. — 6 p.m. 6. Defendant may have no more than 100 pouches, 50 hanging baskets, and 50 pots for sale on his property at any given time. This activity is limited to April 15 —July 31 of 2010 and 2011, after which time, all sales will cease. 7. Defendant may display one sign on his property subject to the following conditions: the sign may be no bigger than 3 square feet; the sign may be posted no higher than 6 feet off the ground; the sign may only list hours of operation and items for sale and prices; the sign may be located at the property line no more than 4 feet away from the Shannon Parkway Driveway; the sign may only be posted during hours of operation which is Friday through Sunday, 8 a.m. — 6 p.m. 8. The City will pay Defendant's share of the mediator's fee. 9. The City will pay to Defendant a total settlement in the amount of $1,500. 10. This Agreement is subject to approval by the Rosemount City Council. This Agreement is not effective without City Council approval. 11. If this Agreement is approved by the Council, the parties will draft and enter into a formal settlement agreement outlining these terms. 12. If the Council approves this Agreement, the City will dismiss its claims against Defendant. 13. The City's counsel will seek a continuance of the scheduled motion for summary judgment. 14. Neither party admits any liability by entering into this Agreement. Thomas Piekarkki, Defendant Cit of Rosemount, laintiff Roland J. Faricy BINDING SETTLEMENT City of Rosemount, Plaintiff and Tom Piekarsld, Defendant A mediation was held January 14, 2010, with Roland J. Faricy as mediator, pursuant to the Agreement to Mediate, attached hereto and incorporated by reference. The parties now make this Binding Settlement Agreement as follows: SEE ATTACHED TERMS The parties understand and agree that this written settlement is binding and creates enforceable obligations and commitments to each other. The parties acknowledge that they have been advised of the provisions of the Minnesota Civil Mediation Act contained in the attached Agreement To Mediate, paragraph 7, that: (a) The mediator has no duty to protect parties' interests or to provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely effect the parties' legal rights; and (c) the parties should consult with attorneys before signing this binding settlement agreement if they are uncertain about their legal rights. WITNESS: This 14th day of January, 2010 Plaintiff 50;N �-MMWO'�