Agenda - Council - 06/14/2005 - Laserfiche WebLink

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On May 19, 2005 staff was informed by the property owner that he would not grant a right- of-entry because he believed it would compromise his negotiating position and that he would be obtaining a separate appraisal of the property. Assistant Public Works Director Olson stated the Council has expressed concern for the safety of pcdcslrians traveling to the newly developed Elmcrest Park, and staff has been charged to acquire this property as soon as possible. Although negotiations may continue with the property owner, it is necessary to establish a date certain when the public may obtain access to this property for this necessary safety improvement. The City may obtain access to the property only after a period of 90 days from the date appropriate papers are filed with the court. Staff is recommending the adoption of the proposed resolution directing the City Attorney to file the necessary papers with the court to initiate eminent domain proceedings for acquiring this property. Mayor Pro Tern Elvig noted this is a small sliver of land. He does not like to use the eminent domain tool, and it sounds like this property owner may be trying to get another appraisal more in line with the City's offer. Assistant Public Works Director Olson stated staff would continue to negotiate with the property owncr after eminent domain is authorized. Councihnember Olson inquired about the size of the land. City Attorney Goodrich replied it is less than one acre. Mayor Pro Tem Elvig questioned if the entire property needs to be purchased. City Attorney Goodrich replied no, but by the time the City purchases it, it will render the remaining portion useless. He noted this is the only portion of the individual's property that lies across l lighway 47. Councilmember Cook noted state law requires that the City negotiate with good effort even if they proceed with eminent domain, which will likely be the only way to get a fair market value on the property. Motion by Councilmember Cook, seconded by Councilmember Jeffrey, to adopt resolution #05- 05-161 directing the City Attorney to file the necessary papers with the court to initiate eminent domain proceedings for acquiring this property. Further discussion: Mayor Pro Tem Elvig reiterated for staff to put forth an effort to get this resolved as quickly as it can be. Councilmember Pearson asked if the appraisal was in line with the right-of-way acquisitions that have been conducted. Assistant Public Works Director Olson explained there is a very small sliver of land along the roadway that is high; everything else is on the fringe of the wetland that has been created by the ditch. City Attorney Goodrich stated the appraisals will be reviewed to be sure they are in line. Public Works Director Kapler suggested City Council/May 24, 2005 Page 24 of 26