Agenda - Council - 06/26/2001 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I City Attorney Goodrich stated that in February I999 the Council authorized a condemnation action to acquire the approximate 150 acre parcel of land located in section 28 owned by B.M.A. Associates, a Minnesota partnership. After further discussion and negotiation, the actual petition was served in October, 1999. The purpose of the acquisition was to be for industrial park purposes, possible technical college site and regional transportation station. The public purpose was further defined in March of 2000 and an amended complaint was filed with the court. The City and the owners continued through 2000 to negotiate a sale and for various reasons, negotiations have been unsuccessful. It is now necessary to either proceed with the court proceedings to acquire the property or dismiss the action. Staff recommended that the action be dismissed without prejudice, meaning that it could be brought again some time in the future. Motion by Councilmember Anderson, seconded by Councilmember Kurak, to direct the City Attorney to file the necessary papers to dismiss the pending condemnation action to acquire the approximate 150 acre tract of land in section 28 owned by BMA Associates, a Minnesota partnership which is Anoka County District Court file No. C1-99-8374. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Anderson, Kurak, Hendriksen, and Zimmerman. Voting No: None. Case #10: Adoption of Resolution Authorizing Acquisition of Property for the Construction of Well House No. 3 and Related Facilities for Public Water Source Purposes City Attorney Goodrich stated that City Well No. 5 was constructed on a part of the property owned by the B.M.A. Associates in Section 28 of the City. The City and the landowners have been unable to negotiate a sale of the necessary property and the City has been unable to gain access to the well site. Therefore, it is necessary to condemn the necessary property. The property needed includes the well site as well as access to the well site consisting of approximately 2.192 acres and a 20-foot wide temporary construction easement consisting of approximately .4407 acres. Councilmember Hendriksen inquired if an appraisal had been done. City Attorney Goodrich replied that the appraisal indicated a price of $34,000 per acre for a total cost of approximately $70,000. Councilmember Kurak inquired if that was a recent appraisal. City Attorney Goodrich replied that the appraisal was completed in the fall of 2000. Motion by Councilmember Anderson, seconded by Councilmember Kurak, to adopt Resolution No. 01-05- authorizing the acquisition by eminent domain of certain property in the Southwest Quarter of the Northeast Quarter of Section 28, Township 32, Range 25 for City Council/May 22, 2001 page 19 of 22 -65-