HomeMy WebLinkAbout6.h. Settlement Agreement and Release between the City of Rosemount and Rohrenbach & Larson
EXECUTIVE SUMMARY
City Council Regular Meeting: February 21, 2017
AGENDA ITEM: Settlement Agreement and Release
between the City of Rosemount and
Rohrenbach & Larson
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO. 6.h.
ATTACHMENTS: Settlement Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Approve Settlement Agreement and Release
between the City of Rosemount and Rohrenbach & Larson
SUMMARY
In summer 2016, Public Works cleaned out a culvert near the residence at 12485 Blanca Avenue W. The
clean out was in response to drainage issues in the area and the need to reaffirm drainage ways along the
public road system. Workers eventually removed the culvert and cleaned out the area, expanding into the
property owned by the property owner of 12485 Blanca. The owners, B. Rohrenbach and L. Larson own
three separate lots of record, one containing the structure and two to the west that are vacant and contain
some wetlands. The City owns the lot immediately to the west which is primarily wetland.
As noted, during the culvert project there was work that went into the private property without benefit of
property owner approval. The work disturbed approximately 2541 square feet of the property, with 100
square feet of riprap associated with the culvert permanently installed on the property. After discussions
with the property owner, their attorney, and the City Attorney, a settlement was agreed to in recognition of
the work occurring without the benefit of approval.
The settlement is attached and the Council is asked to approve the request. The settlement includes a $5000
cash payment, recording of a permanent easement, and continued restoration of disturbed areas. Staff will
meet with the property owner to discuss what exact work is desired out on the site. The request is to have
this work commence as soon as weather permits.
CONCLUSION & RECOMMENDATION
Based upon advice of our attorney and the previous negotiations to reach a reasonable settlement, staff is
recommending approval of the attached settlement.