Item Coversheet

9.C.1.


Shakopee City Council
JuneĀ 6, 2023


FROM:Michael Kerski, Planning/Development Director
TO:Mayor and Council Members
Subject:
Settlement Agreement for 3475 Marschall Road
Policy/Action Requested:
Authorize the Mayor and City Administrator to enter into the settlement agreement with Gerald Jerome Schmitz with respect to property located at 3475 Marschall Road and authorize staff to execute the cleanup and remediation of site with reimbursement through assessment. 
Recommendation:
Approve settlement agreement.
Discussion:

The city has been working on the clean up of this property for more than ten years.  There are more than 100 vehicles and boats stored on the property.

 

The city has previously won a criminal case against the property owner and the property was supposed to be cleaned up under that agreement.

 

The city brought another case against the owner when the site was not cleaned up and has reached a settlement with the owner that allows the city, with proper notice, to enter the property and remove the items and also address any environmental contamination.  The city will have an environmental consultant from WSB on site to observe for any possible contamination as items are removed.

 

The city will have to work with a towing company to remove and store the items while title work is completed for eventual disposal.  There are trees and brush growing through many of the items complicating removal.  The area is also adjacent to an important wetland area.

 

City will ultimately assess the property for the removal and remediation costs and will be repaid when the property is sold.

Budget Impact:
Advanced funds to Code Enforcement and to be repaid upon sale of the property.
ATTACHMENTS:
Description
Agreement