Agenda - Council - 06/22/2010 - Laserfiche WebLink

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CASE # '7.t>iI UPDATE ON THE REQUIRED PROPERTY ACQUISITIONS RELATED TO CITY IMPROVEMENT PROJECT 08-34, THE BITUMINOUS PAVING OF 151 ST AVENUE, 152ND AVENUE, AND FLUORINE STREET By Steven Jankowski, Assistant City Engineer Background: On January 12, 2010 the Council authorized IP 08-34, the Bituminous Paving of 151 st Avenue, 152nd Avenue and Fluorine Street in Section 24. One element of thi~ project includes the extension of 152nd Avenue west to connect with Helium Street. This connection requires the acquisition of a portion of three separate parcels from two property owners. Appraisals establishing the value of each of these properties were prepared by Mackenzie Metro Appraisal and the Council authorized staff to make offers to the owners based upon these appraisals at the April 13, 2010 meeting. Formal offers were made to the property owners on April 19, 2010. Recently staff received a verbal response that the offer for the Simonson parcel (PID # 24-32-25- 32-0007) was acceptable. The Pehlkes, however, have made a counter offer for their two parcels (PID #'s 24-32-25-32-0006 and 23-32-25-44-0003) in an amount that exceeds what was originally authorized by Council. They have also indicated that they would not agree to a waiver of trespass, which would allow the project to proceed, while the settlement of compensation for the property is being negotiated. Staff will provide details of their counter-offer under a separate confidential cover. Observation: Since the acquisition of these parcels is necessary to complete the authorized improvements it is important that we complete these negotiations in a timely manner. If Council should choose that the terms of the counter-offer are unacceptable, staff is looking for direction on how to proceed. It should be noted that if eminent domain is necessary to complete this acquisition staff must begin that process now in order to have access to the property within 90 days. Staff will continue to negotiate with the property owner in good faith, based upon Council direction, with the intent to avoid eminent domain proceedings and gain access to the property to complete the improvements. Action: Motion to direct staff on a response to the property owner proposal for the acquisition of the required right-of-way for IP-08-34.