6.1. SR 11-25-2002MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Pat Klaers, City Admi~aat~or
November 25, 2002 ~
SUBJECT: Tim Smith House Removal Issue
Item 6.1.
Per Council direction, the city sent Mr. Tim Smith an invoice for $9,900. This is the penalty
amount ($100 per day) pursuant to the order for permanent injunction and judgment that
was agreed upon by the city and Mr. Smith for each day after July 1, 2002, that the house in
question was not removed. Mr. Smith received this bill, called me, and requested to come to
the November 25, 2002, City Council meeting, in order to explain the unusual circumstances
that he ran into, which caused a delay in the house removal.
Attached for your information is some of the background material relating to the agreement
that was reached in the summer of 2000. The Council should note that the city incurred legal
expenses related to the enforcement of the Smith Conditional Use Permit in 2000. On a
positive note, it should be acknowledged that the goal of the city, which was the removal of
the house and garage, has been accomplished.
S~ Council/ Pat/ SmithTim
River
INVOICE
Due Date
z2/o6/o2
Invoice~
2002560
Inv Date
1/06/02
Total Due
9,900.00
Ref ~ Customer ID
2080 SMITH
Page
!
TIMOTHY SMITH
T.J. PROPERTIES
403 MAIN ST
ELK RIVER MN 55330
Make Checks Payable To:
City of Elk River
13065 Oreno Parkway
P O Box 490
Elk River, MN 55330
Quantity Item Description Price Amount
99.000 MISC Penalty pursuant to the Order 100.0000 9,900.00
for Permanent Injunction and
Judgement assessed at $!00 for
each day after July 1,2002
that the house was not removed
from Lots 3,4 and Bloock 15,
Village of Elk River as
required by the Order.
(Conditional Use Permit 94-17) RECEIVED
july 30 days
August 31 days
September 30 days
October 8 days
Subtotal: 9,900.00
Total Due: 9,900.00
FINANCE CHA~GE OF 1.5% ADDED IF NOT PAID BY DUE DATE. '~
D.~k-,x,.q,r · PC) Box 490 · Elk River. MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425
Christopher J. Johnson
City Prosecutor
Jennifer O. Snyder
Legal Assistant
July 2, 2002
P, Jver
City Attorney
13065 Orono Parkway, Box 490 · Elk River, MN 55330
vo~v. ci.elk-riveE mn.us
Tim Smith
TS Construction
403 Main Street
Elk River, MN 55330
Dear Mr. Smith:
Thank you for taking the time to meet with me this morning. It's my understanding that
you've made arrangements to move the house located at 413 Main Street. You'll be
moving it to Princeton. The exact date of the move will depend on the moving company's
schedule. It's my understanding that you hope it will be moved within a couple of weeks.
I've enclosed a copy of the Stipulation, Order for Permanent Injunction and Judgment, and
Judgment for your review. These documents outline the terms of the agreement you
reached in settlement of the lawsuit.
It was nice meeting you this morning. Let me know when the house gets moved.
City Pro
CJJ:js
Enclosures
Johnson
STATE OF MINNESOTA
COUNTY OF SHERBU'RNE
City of Elk Pdver, Minnesota,
Plaintiff,
VS.
Timothy A. Smith
and T.J. Properties,
Defendants.
DISTRICT COURT
TENTH YU-DICIAL DISTR2CT
CASE TYPE: OTHER
FILE NUMBER: C4-00-1191
STIPULATION, ORDER FOR
PER.5'IAzNENT INJUNCTION AND
JUDGMENT, AND JUDGMENT
STIPULATION
The above-named parties hereby stipulate to settlement of this action according to
the terms of the Order for Permanent Injunction and Judgment set forth below. The above-
nan'~ed parties stipulate to the following facts:
WHEREAS,
1. The City of Elk River, Minnesota ("City") is a municipality within the
County of Sherbume, State of Mirmesota and is organized under the laws of the State of
Minnesota; and
2. Defendant Timothy A. Smith ("Smith") is an individual residing in the
City of Elk P,_iver within Sherbume t_,o.un~y; and
3. Defendant T.J. Properties ("TJ'P") is a partnership under the laws of the
State of Minnesota; and
4. Smith is a partner in Defendant TJ-P, and was so at all times relevant to the
matter referenced herein; and
5. TIP is the record owner of two parcels of real property at 403 and 413
Main Street, Elk River, Minnesota ("Property"), legally described together as:
Lots 3, it and 5; Block 15, Village of Elk River, Sherburne
County, Minnesota; and
00%25 ~"~'~
b'V.F ;17,~.'f
r'. [NF, E NOONRN FAX NO. .:208..,~.~
..... ¢ &.;"'~m'~T' ........... (¢¢31 (WED) 10. ',':' O0 't4:t"' '"m/S,. t4
thc Pr, opcrt7, lcaown as Conditional U~c Permit No. ~4-
CUP as ~'a. ntrd by the Elk River City Council on
CConditio~ 3'~. Con, don 3 r~uir~ r~ov~ from
f~ily House C'~ou~¢') on Lot 3 ~i~in ~r~ year~ ~o~
~d~6 ~s ~; ~d
The CUP ia embodied in aa official doeumcat entitled "O
Conditional U~c" That docu,m~nt ~ 6~ A~t 3, 1~4 ~d wu rece
~crb~m:,. ~vu~b' Recor~ on Augu~ ~, 1~94 ~ Doc~t N~b~ 2~
,. ,~a,~ Scion 462.3595 su~ 4. A t~c ~
of the ~.'v ~ fficially ~dtl~ "~d~ ~t~g ~n~tional Usc," is a~
E~b:~ ,~ ~d i~ inco~orat~ h~ by ref~ee; ~d
As of August S, 1997, the Ho~e }:ad not been removed fi
and
.~_~ of thc dato hereof, the I-Io~e h~ not bee~: removed fi~
~d
i. T'ae Cky [n~irutcd this acrion :o .~cwe Del%nda~' r~rac
fi.pm th:'
NOVC THERlt. FOKE,
PARTIES HEREBY STIPL~ATE to
tnd Jud~n~t $~ froth below ~qu~g D~fendana
not la~ ~ J~y 1, 2~2, ~d
..r the O~ For ~er,n~t ~j=c~on
PROPERTIES
Timothy ~. gmifft ~
City for a
("CUP"); ~ct
20, 199a
including
'~c d~tc o~
· . ~Orr~rt
~d h~o ,~
the Prop~rt3,;
'at of the Hous:
r Permanent
,rith Condition
.ada~ ~o all
b~low.
Dxtcd :., ~ 5C, ,2000.
.2000,
TS C'3NST ZNC
T~o"r~ A. s~rrH
AppIKOV-~D AS TO FO
tUNKli 1NOO~AN
Attorneys for
P.O. Box No. 1 ~97 ~
St. Clou~, ~e~ta 563~ ,4a97 ,/
T=l~hone: (,310) 251-67~'
~. 5929'"'-"--'5-'
y No, OZ~709X)
402
ORDER FOR PER~/[ANENT INJUNCTION AND JUDGMENT
Based upon the above Stipulation and based upon all the files and submissions
herein, IT IS HEREBY ORDERED THAT:
1. A Permanent Injunction is hereby entered against the Defendants in this
action. The Defendants and each of them are required to comply with Condition Number
3 of the City's Conditional Use Permit No. 94-17. To wit, Defendants will arrange for
and ensure the removal of the House from the Property, as described in the Stipulation
above, to be completed not later than July 1,2002. Upon compliance with this Order for
Permanent Injunction and Judgment, Defendants shall certify such compliance to this
Court by filing with the Court Administrator an affidavit executed by at least one of the
Defendants or one of their counsel referencing this Order for Permanent Injunction and
Judgment and setting forth the facts constituting Defendants' compliance with this Order
for Permanent Injunction and Jud~mment.
2. Defendants shall not, individually or collectively, alienate or transfer any
interest in the real Property subject to the CUP (which Property is legally described as'
Lots 3, 4 and 5, Block 15, Village of Elk River, Sherbume County, Minnesota) until
Defendants have certified their compliance, as set forth above, with the terms of this
Order for Permanent Injunction and Jud=o-ment, unless any and all parties to whom an
interest in the Property is to be transferred have first flied with this Court an
acknowledgement of and consent to the terms of this Order for Permanent Injunction and
Judgment.
3. In the event that Defendants or any successor owner of the Property fail
to comply with the terms of this Order for Permanent Injunction and Judgment, such
failure will constitute contempt of this Court. The civil penalty for such contempt is
hereby assessed at $100 for each day after July 1, 2002 on which the Defendants or any
successor owner of the Property are in such contempt. Such penalty shall continue to
accrue, to be assessed, and to be due and payable to this Court until Defendants or any
successor owner of the Property have certified to this Court their compliance, and make
payment in full of any accrued civil penal~ as set forth in this Order for Permanent
Inj unction and Judgment.
4. Defendants' contempt of court for failure to comply with the terms of this
Order for Permanent Injunction and Judghnent shall be demonstrated by an Affidavit
executed by a representative of the City or its counsel stating that Defendants have failed
to remove the House from the Property according to the terms of this Order for
Permanent Injunction and Jud=o-ment. Such affidavit evidence shall constitute conclusive
proof of Defendants' failure to comply with this Order for Permanent Injunction and
Judgment, and the penalties herein set forth for Defendants' failure to comply with this
Order for Permanent Injunction and JudgTnent shall be due and Payable to this Court
immediately upon the filing of such evidence with this Court.
5. NOTWITHST.~uNDING RULE 125 OF THE MINNESOTA GENERAL
RULES OF PI:LA. CTtCE, LET JIfDGMENT BE ENTERED iaYLMEDL~.TELY .AxNrD
FORTHWITH.
Dated this day of ,2000.
Judge of the District Court
JUI) GIVIENT
Based upon the above Stipulation and Order for Permanent Injunction and
Judgment:
LET JUDG~VIENT BE ENTERED ACCORDINGLY.
Dated this day of ., 2000.
GP:73819[ v3
Judge of the Distr~ct Court
2ity
of
vet
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Tim Smith
Jerry Smith
Pat Klaers
City Administrator
August 21, 2000
Lawsuit Settlement
Thank you for taking the time to meet with me to discuss the residential house
next to your business. In very layman terms, I would suggest the following:
The house and garage be entirely removed from the
site and the site be in a safe, developable condition no
later than July 1, 2002.
2. If the above condition is not met, a fine of $100 per day
will be paid to the city.
As this would be a lawsuit settlement you would be obligated to pay the fine.
Enforceability of this fine is an important condition for the city.
An executive session of the Council to discuss this proposal will be held on
August 28, 2000.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 * TDD & Phone: (.612) 441-7420 * Fax: (.612) 441-7425