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City Attorney Goodrich explained staff has been working on the determination of the width for <br />the right-of-way. It is not the residents' fault that the agreement has not been signed. They are <br />being offered that opportunity now. <br /> <br />Councilmember Elvig indicated he agrees with Councilmember Cook's assessment. He believes <br />there was originally 30 days allowed to determine the right-of-way, which was extended because <br />the City could not make the required determination. The residents have had this information for <br />about two to three weeks, and have not had the full 30 days to review what the City has finally <br />ratified. They need to be sure the City is being fair in this situation. <br /> <br />Councilmember Strommen stated she was not in favor of the original resolution to authorize <br />eminent domain and will not be in favor of amending it. She is having a difficult time with the <br />public purpose in this situation, given that Potassium is not a through street. Eminent domain <br />proceedings are under intense scrutiny; it is an essential tool for cities to have and they need to <br />be sure they retain that tool. <br /> <br />Mayor Gamec stated Potassium Street has been a problem as long as he can remember, and at <br />some time they have to do something on this. Hopefully things can be worked out with the <br />residents and the eminent domain can be taken off the table. <br /> <br />Councilmember Strommen stated she would agree if this road were making a connection. <br /> <br />Councilmember Elvig inquired about the cost of purchasing wetland credits. He noted the <br />residents are willing to provide the easements if the wetland mitigation can be worked out, while <br />eminent domain proceedings would be at a cost of approximately $90,000. <br /> <br />Assistant Public Works Director Olson replied the cost would depend on where the wetland <br />credits are purchased. The first area the City would be required to go to is the local watershed. <br />If there is not wetland available in that watershed they would then go to the major watershed and <br />then statewide. The cost can vary from $20,000 to $40,000 per acre; in the Twin City area the <br />cost is likely closer to $50,000 per acre. He advised the Council should be aware that there are <br />three different criteria for impacting wetlands; first is avoidance, second is minimization and <br />third is mitigation. This case will be a difficult sell for the wetland impact. <br /> <br />Motion by Mayor Gamec, seconded by Councilmember Cook, to approve Resolution #05-12- <br />425 which is a resolution amending Resolution #05-06-169 regarding the acquisition of right-of- <br />way for Potassium Street. <br /> <br />Further discussion: Councilmember Elvig stated he feels as though the Council is still short on <br />information and is already taking a very aggressive move of even discussing eminent domain. <br />He does appreciate staWs efforts, as the impact has improved from the previous effect. <br />Councilmember Jeffrey stated he straggles without all the information, but agrees the City needs <br />to continue to negotiate in good faith, and hopefully get all the information quickly. <br />Councilmember Cook stated the Council already authorized eminent domain, and this action just <br />amends that action. Milton Weichelt, 15407 Nowthen Boulevard, stated he has been checking <br />into this and agrees with Mr. Olson regarding the wetland cost. The figures he obtained were at <br /> <br />City Council / December 13, 2005 <br />Page 18 of 37 <br /> <br /> <br />