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property £,'3r s.~de :,~d have started to take steps as far as cleaning up the outside areas. He stated
<br />thcrc~' arc ~, l~t~lrlbc: oi'vehiclcs that they have allowed friends and relatives to park at the facility,
<br />which was :-,t~l~l~OS,M to be on a temporary basis, as well as some of their own vehicles that have
<br />broken do:v~l !t i; sial'ting to get out of hand and as they have done in the past they will contact
<br />an individt~:,l i~ c.)mc in and haul away that type of material. Because the building is for sale,
<br />whether tt~t-:;t: :t~t: lire conditions is immaterial to its value and its marketability as a property,
<br />since all tl~l ~ tl,z i~l would be cleaned out of there prior to the new tenant moving in.
<br />
<br />Mr. [-hmsr~ s.i,tr~d th,:y do welcome the City to negotiate in good faith. Item number six on this
<br />resolution thr~r:tll:lts them with eminent domain if staff fails to achieve the purchase of the
<br />property ov~.r :~'~, .~/' lhc other tenants or people that are inquiring about the property. This would
<br />bo act ionabl c i l~ ~hat it would prevent them from getting the full value of the property that they
<br />could h,~v{; ~c~li>,.c:d had tho City not taken that action. Even just threatening in this manner will
<br />have at chilli ~a~l ,~.l'l;,,ct on the buyers. One of the buyers is Ace, and he is sure as far as their public
<br />usc el' thc 1~,">9<'~'~" i/ would bo at least equal to the City's own. He has informed some of the
<br />olhcr cigh[ I,(;~>l){c' 1}lat have inquired about the property and the other two that have given them
<br />offers el' Iht l~,>:',s,~bility of eminent domain proceedings. The area of eminent domain in this
<br />particuhu- i~st;mcc is somewhat questionable and he urges the Council to think hard on this.
<br />There arc a icl ,ol }ther small business owners in the City and this sends a very chilling message
<br />as far ,ts tl-,c ~ype ~ ;' n%otiations the City might take.
<br />
<br />City Adm~'~isic:ti{~., Norman noted this property is for sale and it appears there are eight different
<br />parties lhal al~.. h~l, '~t~est~:cl. One of' the reasons to seize this opportunity is that the property is not
<br />desirable i,, d:; ~;tlli(~lll state.
<br />
<br />/~mlncrman suggested staff bring this discussion back to the Council if good
<br /> work.
<br />
<br />Mayor (;am~:~: :;t~iect bringing this discussion back would be a delay. In most cases whenever
<br />this has })cc:~ ~{,.,1-~c stal'f has done quite a bit of negotiations and have every intention of doing so.
<br />
<br />City Atto,'~a~:5 (;~(,ch:ich explained according to state law the City must negotiate in good faith.
<br />Also, thc ('it,/ will pay fi. dl market value and there is a series of checks and balances in that
<br />process. 'l'},clc i~. ability for the landowner to appeal and it will be very fair to him. City
<br />Attorney (i,.~od~ icl stated thc record should reflect that the Council has reviewed the pictures of
<br />thc p,'olacz,'i ?' [,1,: c~ b7 thc Fire Marshal. City Attorney Goodrich amended the third whereas in the
<br />resolution i~> ti~c Iblh~wing: "...and to promote local business expansion, improvement,
<br />dcvololam<,,~l md ,' :clcv~:lopnaent; ~nd pursuant to the act this constitutes public purpose; and"
<br />
<br />Councilmc:~t:,~:~ (~)~lc stated he does not think the question is whether they will negotiate, the
<br />real qucsti,,m i)c't,.)~ ,~ the Council now is whether they feel this building is something they want to
<br />have in lhtli al-c:t ~!:~i il'it should be changed to something else. The reason for going to eminent
<br />domain is I)c~;at!~c i. hey are saying they would like to see this building upgraded to something
<br />nicer, and i!:' tl~c5 cf{) nol want it sold to the another property that would use it the same way. If
<br />they arc ct,>i~l), ill:l: (>il other properties they should do that with this property so they can move
<br />
<br />City Council/February 24, 2004
<br /> Page 20 of 31
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