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Further discussion: Councilmember Wise pointed out this is an appropriate arrangement, taking <br />into consideration that this is two - thirds of the work normally required. The parties are brought <br />to the agent in this case, lessening his work. Councilmember Tossey questioned whether staff <br />routinely brings in a broker when a situation like this develops. Development/Marketing <br />Manager Backman responded that bringing in a broker is reserved for specific cases. However, <br />there were several difficult issues related to this property, which warranted additional <br />representation. Councilmember McGlone raised his concern that the City has put itself in a <br />delicate situation with a real estate broker who is not working under a contract at the moment. <br />He understands there are closed meetings so the information isn't made public, but if the City <br />does not enter into a contract, he is not beholding to the City. He questioned how this situation <br />could be prevented from happening again. Development/Marketing Manager Backman replied <br />the City is under time constraints. The buyer is serious and well capitalized. He said he felt it <br />was appropriate at the time to find the broker. <br />Motion carried. Voting Yes: Mayor Ramsey, Councilmembers Elvig, Backous, Jeffrey, <br />McGlone, Tossey, and Wise. Voting No: None. <br />7.04: Consider Resolution Authorizing Acquisition of Tax Forfeit Property <br />City Attorney Goodrich reviewed the staff report. <br />Public Works Director Olson noted this is a vacant park at this point. The staff has been meeting <br />with the property owners and engaging their interest. <br />City Attorney Goodrich indicated once this becomes park land, it has to remain as park land and <br />if the City acquires it for park land, it has to pay for the land. If the City wants it for residential, <br />it has to pay market price, which is stated on the taxes. <br />Development Manager Lazan noted the price is within the fair market value range <br />Councilmember McGlone commented it appears the purchase price would be $15,000 for <br />residential use, which is less than the cost for a residential lot. He stated it seems as though the <br />City is trying to create a park whether the community is amenable or not. <br />Councilmember Elvig mentioned the property doesn't have value unless the City creates it. He <br />suggested making an offer of half the asking amount and explaining the situation. <br />City Attorney Goodrich replied a suggested amount cannot be offered because State Statute says <br />it has to be market value. He suggested asking what the sellers would accept or possibly they <br />would ask less than what the City would offer. <br />Councilmember Tossey agreed with Councilmember Elvig, adding that the City would have to <br />add infrastructure and extend sewer and water service from the street. He stated he would have <br />been opposed to that. <br />City Council / February 22, 2011 <br />Page 6 of 9 <br />