CITY of RAPID CITY

Agenda Item Summary

 

Meeting Date: 11/10/2015

Commission, Board or Committee: N/A

Staff Contact: Joel Landeen, City Attorney

PW Committee or L&F Committee: Public Works

Petitioner: City of Rapid City/Lazy P6

City Council 1st Reading: N/A

Location: Property south of Catron Blvd.

City Council 2nd Reading: N/A

Agenda Title:

Authorize Mayor and Finance Officer to Sign Settlement Agreement Between the City of Rapid City and Lazy P6 Land Co., Inc.

Summary:

This is a proposed settlement agreement to resolve the dispute between Lazy P6 Land Co. and the City of Rapid City regarding the development of the property on the southeast corner of Catron Blvd. and 5th Street. The terms of the agreement do not require any funds to be paid by either party. Lazy P6 has agreed to annex the entire 40 acre development known as Southgate Condominiums Phase I and will begin converting the condo agreement to covenants and platted lots. In exchange the City will hook up the structures on Unit 11 to City sewer, will not forcible annex the agricultural land owned by Lazy P6 on the southwest corner of this intersection, and will return the zoning designation back to general commercial from its current light industrial designation. As a sign of good faith, Lazy P6 has already begun the process of annexing this land and platting the first of the condo units into a platted lot. The City Council also authorized staff to hook up the structures on Unit 11 to City sewer while the annexation request is being processed. Lazy P6 has also agreed to drop its defamation claims against former Mayor Sam Kooiker.

Funding Source & Fiscal Impact (if applicable):

N/A

Recommendation:

Action: Choose an item. Approve

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Options:

Approve or Deny. If the Council approves the settlement, the attorneys will execute a stipulation dismissing the current lawsuit and we will move forward under the terms of the settlement agreement, the previously approved oversize agreement and the developer’s agreement that is also on this agenda. If the Council rejects the settlement, the lawsuit will continue.

Attachments & Links:

Agreement

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