1f. Agreement with Shorewood for Chuch Road assessemnts CITY OF /c
I .„
..,
.,,,,.
._ _
t_ ' 4
,, . - A... CHANHASSEN
1 4,, ,
%,., . ,,.,, ,_.,_
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
*;y- (612) 937-1900 • FAX (612) 937-5739
IAction by City Administrator
4. vWR
I Mcdi`ied
MEMORANDUM Rejecter'
Date '5-31-90
TO: Don Ashworth, City Manager Date Submt:c. t:: Commission
IFROM: Gary Warren, City Engineer Date Submitted to Council
DATE: May 31, 1990 ^4-90
I
SUBJ: Approve Settlement Agreement with City of Shorewood for
I Assessments on Church Road Improvement
Project No. 87-5
I When the sanitary sewer was constructed on Church Road as a part
of the Lake Virginia Forcemain project, the City anticipated that
two sanitary sewer services would be assessed against the City of
I Shorewood park property, i .e. Cathcart Park. The City ' s
rationale was that if the park property were ever sold, it could
easily be subdivided and sustain this levy.
1 As a part of the assessment hearing process , the City of
Shorewood contested the assessment in that they had made
provisions in working with the Metropolitan Waste Control
I Commission for a sanitary sewer stub from the north side of the
property off West 62nd Street. Since that time, staff has been
negotiating with the City of Shorewood and has basically arrived
I at a compromised position wherein the City of Shorewood agrees to
that they will pay for one assessment unit on the property in the
amount of $3,343.04.
I In light of the above facts, I believe this to be a reasonable
settlement. It is therefore recommended that the City Council
accept the attached settlement proposal from the City of
1 Shorewood for sanitary sewer assessment under Project No. 87-5 in
the amount of $3,343.04 , and that the assessment will be amended
accordingly.
1 jms
Attachments: 1. May 15 , 1990 Letter from City Attorney
I 2. May 10 , 1990 Letter from City of Shorewood
City Attorney
I
I
L
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at La%\
I honrta i
Roger N. KIUir.,4' (hl_'1 4 5
' Ihoiii ::r Fac>unih ((12) 4' .,
Wry G. Fr,�I
James R. \\'11'''"'
Elliott B. knet.�ih
' Dennis I. Lnicr
May 15, 1990
Mr. Gary Warren
' Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: City of Shorewood Assessment Appeal
Dear Gary:
Enclosed is a letter from the Shorewood City Attorney
accepting the City of Chanhassen's counter offer to settle this
case for 50% of the original assessment ( $3, 343. 04 ) . Please ask
the Council to approve this settlement at the May 29th Council
meeting.
' Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, A.
BY: / /sch'Elliott B.
EBK: srn
Enclosure
' cc: Don Ashworth
IF GHANHASS
MUM
MAY 16 1990
ENGINEERING DEP
I
' lankee Sclwtre Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55131
I
FROBERG & AHERN, P.A.
ATTORNEYS AT LAW
17736 Excelsior Bottle:aid
Glenn Froberg Minnetonka,Minnesota 5;;-h
Paul B.Ahern (612)474-8877
May 10, 1990
1
Elliott B. Knetsch, Esq.
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. '
Yankee Square Office III, Suite 202
3460 Washington Drive
Eagan, MN 55122
Re: City of Shorewood v. City of Chanhassen
Dear Mr. Knetsch:
At a meeting of the Shorewood City Council on May 7, 1990, the Council
voted to accept the City of Chanhassen's counteroffer for settlement.
Enclosed are three executed copies of the Stipulation of Dismissal
indicating settlement at 50°% of the original assessment. After your
assessment rolls have been amended, please return to me an executed copy
of the Stipulation.
Very truly yours,
FROBE ' - AHERN, P.A.
1
le rob-
GF/mbw
Enclosures
1