Minutes - Council - 04/09/2002 - Laserfiche WebLink

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Councilmember t-Iendriksen stated that when the issue was first presented to the Council the primary concern was that the driveway was moved to a different location. Now he is hearing that according to the aerial photographs the driveway is in the same location as it previously existed. The one question he had was why do they need to acquire frontage road right of way with the recent action that is being taken to relocate Highway #10. City Attorney Goodrich explained that the allegation is that B & B Carpet unilaterally moved the access to the determinate of Ramsey Professional Building. B & B Carpet makes the allegation that the City had some legal part in doing that administratively. He noted that he has researched the issue and has not found anything that the City has done wrong. Councihnember Zimmerman requested that the City Attorney research if the Ramsey Professional Building had an easement to the old access. City Attorney Goodrich explained that what the Council needed to consider is that in November, before they received the Highway #10 corridor study, the City negotiated for frontage road right of way on the property so if property is acquired, they might end up giving it to the State. The Council did authorize a purchase agreement with Ramsey Professional Building for 42 feet of frontage road right of way, right of access, and a utility easement in the back of the property. Councilmember Hendriksen inquired if it would be cheaper for the City to continue with the acquisition even though they would be purchasing something they don't need. City Attorney Goodrich replied that the City would be receiving the right of access, frontage road easement and utility easement for $22,000. Councilmember Hendriksen stated that two things have changed since the issue was first presented to the Council. One is the relocation of Highway #10, and the second is the location of the driveway. He stated that if the driveway was not moved from its original location, then Ramsey Professional Building has not been disadvantaged. It seemed to him that some of the physical blacktop still exists and goes nowhere so he tends to think that the driveway was moved, but they need to know that for sure. Councihnember Zimmerman explained that the access from Highway #10 is the same location as it was when Zeals was on the property, but when they came off Highway #10 it went to the North towards the Professional Building. City Attorney Goodrich recommended tabling action for further clarification. Councilmember Zimmerman stated that he has a problem with spending money out of the general fund to resolve a private problem. He stated that he would be more agreeable to using TIF funds to resolve the issue. City Council/April 9, 2002 Page 12 of 14