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CITY COUNCIL <br />AGENDA ITEM 1D <br />STAFF ORIGINATOR: Michael Grochala, Community Development Director <br />MEETING DATE: February 28, 2022 <br />TOPIC: Consider Resolution No. 22-28, Approving Settlement <br />Agreement, NE Drainage Improvement Project. <br />VOTE REQUIRED: 315 <br />INTRODUCTION <br />Staff is requesting City Council approval of the Stipulation and Settlement Agreement and <br />Easement Agreement with the Salo/Peltier Lake LLC ownership group, regarding the NE Lino <br />Lakes Drainage Area Improvement project. <br />BACKGROUND <br />In March of 2019, the City Council authorized acquisition of property by eminent domain for the <br />NE Drainage Improvement Project. The City continued to negotiate directly with the <br />Salo/Peltier Lake LLC ownership group through 2019. The court awarded possession of the <br />property to the city in December of 2019. <br />Following the court award, the City undertook a redesign of the project. All parties continued <br />discussions through summer and fall and into 2021. Working with the City Attorney, staff has <br />reached a Settlement Agreement with terms acceptable to both parties. The terms of the <br />agreement include: <br />oo City will reconvey parcel awarded by court back to the property owner. <br />oo Owner will convey a drainage and utility easement to City. <br />oo Owner will receive $70,179.29 in compensation to be distributed by the court. <br />oo The original $67,000 deposited with the court and accrued interest will be disbursed to <br />the City. <br />The City Attorney has reviewed the proposal and is recommending approval of the agreement. <br />RECOMMENDATION <br />Staff is recommending approval of Resolution No. 22-28. <br />ATTACHMENTS <br />1. Resolution No. 22-28 <br />2. Settlement Agreement <br />