HomeMy WebLinkAbout6.b. Minutes of May 10, 2000 Special City Council MeetingffM 06 8 ROSEMOUNT CITY PROCEEDINGS
SPECIAL MEETING
MAY 10,2000
Pursuant to due call and notice thereof, a special meeting of the Rosemount City Council was
duly held on Wednesday, May 10, 2000, at 5:00 p.m. in the Council Chambers at City Hall, 2875
145 Street West.
Present at the meeting were Mayor Busho, Councilmembers Cisewski, Caspar, and Klassen.
Also present were City Administrator Burt and City Planner Rick Pearson.
Also present at the meeting were Bill Heffner and Sue Sanger, attorneys for the City; Rick
Schneider and David Solergren, attorneys for Shafer Contracting; Scott Spisak and George
Matson, representatives of Shafer Contracting.
The purpose of the meeting was to discuss settlement of the Shafer Contracting v. City of
Rosemount litigation.
Mr. Schneider addressed the council with his view of the issues and Shafer's settlement offer.
Mr. Schneider provided his interpretation of the Diminishing Asset Doctrine (DAD) and what
effect it would have upon Lance Johnson's property and the scope of the nonconforming mining
use. Mr. Schneider's interpretation of DAD is that it includes the area being mined and other
parts of the property that contain mineral resources which ultimately will be mined. Mr.
Schneider presented evidence that he felt supported Mr. Johnson's intent to mine the entire 93
acres. Regarding the purchase of the property by Shafer, Mr. Schneider explained that a
subsequent purchaser would step into the shoes of the prior owner and have the same rights.
The goals presented included 1) determination of the scope of the nonconforming use; 2)
recognition that Shafer is stepping into the shoes of Lance Johnson; and 3) approval of the
mining plan previously submitted by Shafer.
Council went into a CLOSED SESSION to discuss the settlement offer
Respectfully submitted,
Dianne G. Quinnell
Recording Secretary