Agenda - Council - 12/11/2007 - Laserfiche WebLink

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• stated cul-de-sacs and right turn lanes have a cost where it could be better spent doing it right the first time. Councilmember Look. stated eminent domain is for the purpose of streets. Where he breaks with that lice of thought on eminent domain is where it is used for economic development. Acquiring property for streets is the purpose that eminent domain was originally designed for, and is still designed for today. The people should receive the value for the land. He does not necessarily enjoy the concept even if. it is for streets, but if in lieu of a minivan of kids getting hit pulling out on Highway 5 he could be convinced. Mr. Jenson stated he appreciates the comments about .this being tabled the last time. The applicant appreciates that additional time was taken to look at the other alternatives and the alternatives being brought before the Council tonight. The applicant is frustrated to have the same result after that additional exercise he has gone through, and that was the reason they were pushing for a vote. He recognizes what occurs as the result of a denial and recognizes they are likely to have-that result.. He asked when this would come before the Council again. Mayor Gamec stated the applicant should have a feeling of whether. the Council is in consensus to go ahead wifli eminent domain or bargaining for the road to go .through. Councilmember Elvig indicated he believes it is only fair if the Council is thu~lting about going down that path that they give some indication of their standing. • Mayor Gamec stated if not, the applicant should ask for the vote. Assistant Community Development Director Frolik indicated the timeline for action is good until October 15~'. Cotuicilmember Dehen stated he has safety concerns, and if that road can be punched through to 146' he likes that idea. That has been the stumbling block he has had. Councilmember Jeffrey indicated his statement the last time was regarding this going through to 146'. He Likes the product, but does not. like the way it is getting dumped onto County Road 5. If they can get the road to go through to 146' he could support this project. Councilmember Elvig commented they have used -the word eminent domain, but he does not know that they would have to go that far. _ City Attorney Goodrich advised the City is obligated to negotiate initially under State Statute. Councilmember Dehen requested clarification that the idea is if there is eminent domain on the middle property for the road that the funds used to acquire that will initially come from the City but then assessed hack to the developer so there is not a net loss to the taxpayers. City Attorney Goodrich replied he thinks that is the goal; the assessment would be to any • property that benefits.. . City Council /August Y4, 2007 Page 15 of 32 -353-