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· On April 12, 2005 the City Council made a motion to authorize the use 'of eminent domain <br /> and direct staff to continue negotiations for an agreed price for the parcel and to authorize <br /> staff to work on obtain/ng a right-of-entry or trail easement that would allow the trail to be <br /> built while negotiations are proceeding. <br />· On May 5, 2005 staff relayed the City Council's decision on the counterproposal to. the <br /> property owner and requested consideration of a right-of-entry to the parcel. <br />· On May 19, 2005 staff was informed by the property owner that he would not grant a right- <br /> of-entry because he believed it would compromise his negotiating position and that he would <br /> be obtaining a separate appraisal of the property. <br /> <br />Assistant Public Works Director Olson stated the Council has expressed concern for the safety of <br />pedestrians traveling to the newly developed Elmcrest Park, and staff has been charged to acquire <br />this property as soon as possible. Although negotiations may continue with the property owner, <br />it is necessary to establish a date certain when the public may obtain access to this property for <br />this necessary safety improvement. The City may obtain access to-the property only after a <br />period of 90 days from the date appropriate papers are filed with the court. Staff is <br />recommending the adoption of the proposed resolution directing the City Attorney to file the <br />necessary papers with the court to initiate eminent domain proceedings for acquiring this <br />property. <br /> <br />Mayor Pro Tern Elvig noted this is a small sliver of land. He does not like to use the eminent <br />domain tool, and it sounds like this property owner may be trying to get another appraisal more <br />in line with the City's offer. <br /> <br />Assistant Public Works Director Olson stated staff would continue to negotiate with the property <br />owner after eminent domain is authorize& <br /> <br />Councilmember Olson inquired about the size of the land. <br /> <br />City Attorney Goodrich replied it is less than one acre. <br /> <br />Mayor Pro Tern Elvig questioned if the entire property needs to be purchased. <br /> <br />City Attorney Goodrich replied no, but by the time the City purchases it, it will render the <br />remaining portion useless. He noted this is the only portion of the 'individual's property that lies <br />across Highway 47. <br /> <br />Counciimember Cook noted state law requires that the City negotiate with good effort even if <br />they proceed with eminent domain, which wilt likely be the only way to get a fair market value <br />on the property. <br /> <br />Motion by Councilmember Cook, seconded by Councilmember Jeffrey, to adopt resolution #05- <br />05-161 directing the City Attorney to file the necessary papers with the court to .initiate eminent <br />domain proceedings for acquiring this property.. <br /> <br />P54 <br /> <br />City Council/May 24, 2005 <br />Page 24 of 26 <br /> <br /> <br />