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Case #9: <br /> <br />Consider Dismissal of Eminent Domain Action Regarding the 150 Acre BMA <br />Site <br /> <br />City Attorney Goodrich stated that in February 1999, the Council authorized a condemnation <br />action to acquire the approximate 150-acre parcel of land located in section 28 owned by B.M.A. <br />Associates, a Minnesota partnership. After further discussion and negotiation, the actual petition <br />was served in October, 1999. The purpose of the acquisition was to be for industrial park <br />purposes, possible technical college site and regional transportation station. The public purpose <br />was further defined in March 2000, and an amended complaint was filed with the court. The <br />City and the owners continued through 2000 to negotiate a sale and for various reasons, <br />negotiations have been unsuccessful. It is now necessary to either proceed with the court <br />proceedings to acquire the property or dismiss the action. Staff recommended that the action be <br />dismissed without prejudice, meaning that it could be brought back again some time in the <br />future. <br /> <br />Motion by Councilmember Anderson, seconded by Councilmember Kurak, to direct the City <br />Attorney to ftle the necessary papers to dismiss the pending condemnation action to acquire the <br />approximate 150 acre tract of land in section 28 owned by BMA Associates, a Minnesota <br />partnership which is Anoka County District Court file No. C1-99-8374. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Anderson, Kurak, Hendriksen, <br />and Zimmennan. Voting No: None. <br /> <br />Case #10: <br /> <br />Adoption of Resolution Authorizing Acquisition of Property for the <br />Construction of Well House No. 3 and Related Facilities for Public Water <br />Source Purposes <br /> <br />City Attorney Goodrich stated that City Well No. 5 was constructed on a part of the property <br />owned by the B.M.A. Associates in Section 28 of the City. The City and the landowners have <br />been unable to negotiate a sale of the necessary property and the City has been unable to gain <br />access to the well site; therefore, it is necessary to condemn the necessary property. The property <br />needed includes the well site as well as access to the well site consisting of approximately 2.192 <br />acres and a 20-foot wide temporary construction easement consisting of approximately .4407 <br />acres. <br /> <br />Councilmember Hendriksen inquired if an appraisal had been done. <br /> <br />City Attorney Goodrich replied that the appraisal indicated a price of $34,000 per acre for a total <br />cost of approximately $70,000. <br /> <br />Councilmember Kurak inquired if that was a recent appraisal. <br /> <br />City Council/May 22, 2001 <br /> Page 19 of 23 <br /> <br /> <br />