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Council approves settlement and contract to clear hazardous building at Diffley shopping center on Highway 13
Summary
The Burnsville City Council approved a settlement and contract with the owner of the hazardous building at 3337 and 3431 Highway 13 E (Diffley 13 LLC) that requires the owner to raise the building and secure and clean up the property by May 15 or allow the city to demolish and assess costs to the owner.
The City Council voted to approve a settlement agreement and related contract with Diffley 13 LLC to address a hazardous building at 3337 and 3431 Highway 13 East, the city attorney said during the council’s consent-agenda discussion.
City Attorney Shepherd told the council the city had adopted an order under state law to remove the hazardous building and that the owner contested the order, which put the matter into litigation. The city had been placed in an expedited litigation track but did not expect a trial until May. The settlement accelerates the timeline: under the agreement the owner must raise the building, secure the site and clean up the property by May 15; if those tasks are not completed, the city may perform the work itself and assess demolition costs back to the property owner.
Shepherd said the owner has supplied the updated demolition-permit materials staff required and has executed the contract; the contract and settlement required council approval to be implemented. The contract will be signed by the city attorney and the city manager following council approval.
A council member moved to approve the consent agenda item that included the settlement agreement; the motion carried. No individual mover or seconder was recorded in the meeting minutes for this item on the audio record.
