Minutes - Council Work Session - 07/13/2004

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Community Development Director Frolik replied in the affim'~ative, and noted that numerous permits continue to be issued in the City. 3) Trapl)ers l>,id~,e Access Colmnunity Development Director Frolik stated that the City had recently received a letter from Grog Bauer as well as a letter fi'om Steve and Ct-u'isty Dusbabek. Mr. Dusbabek has expressed a desire £or an expeditious resolution and is requesting that thc City use its eminent domain authority to acquire tile right-of-xvay. She stated that Mr. Batter has also indicated he is anxious to move forward and is requesting resolution of the easement issue by August 1, 2004. She indicated that City Staff is looking for direction fi'om City Council regarding acquisition of the right-of-way for action on the July 27, 2004 Council agenda. Commuuity Development l)ircctor Ft'olil~ stated that City Staff' received the appraisals for the acquisition of right-of-way for 160''~ Lane fi'om the adjacent land owners. She stated the appraised acquisition costs {'or the Dusbabek property is $15,100.00 and for the Kaas property, it is $19,100.00. City Attorney Goodrich stated that in order to proceed with eminent domain, the City is required to obtain an appraisal, then wait 20 days, and then begin eminent domain proceedings. He indicated that there is no easement on the property at this time and there is a question regarding who pays fei' access. It is unusual leer a city to require a developer to pay for access not on his property. Comlnunity Devclopmcm l:rolil< st:xtcd that once the City acquires the easement, Mr. Bauer may proceed with development. City Attorney Goodrich stated that he will put together a Case Review for City Council consideration on July 27, 2004. MAYOR AND COUNCIL Nolle. ADJOURNMENT Motion by Counci Imcmbcr Cool<, seconded by Councilmember Elvig, to adjourn the meeting. Motion carried. City Council Work Session/July 13, 2004 Page 5 of 6