Minutes - Council - 01/10/2006 - Laserfiche WebLink

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Councilmember Elvig stated he is not keen on the idea of taking land, and he knows this has been going on a long time. But this property owner does not seem to be motivated; when the City comes to the table it is give, give, give. He questioned why the City would not offer a reasonable fee for the easement and pay Mr. Foster in cash for the right-of-way access, possibly utilizing quick-take, rather than eminent domain. He stated the City would actually pay for the City improvements, and with the trail fees and development fees the City would be giving someone approximately a quarter of a million dollars on top of the property. He expressed concern in this being a slippery slope towards subsidizing housing. City Administrator Norman stated there have been many negotiations with Mr. Foster and he is very persistent. If it is the direction of the Council he can inform Mr. Foster that the last deal still stands. Councilmember Cook suggested Mr. Foster could be informed the last deal still stands, and he can purchase the other 2 ½ acres. He stated to waive all development costs on the property makes no sense. Mayor Gamec commented it was decided to do the land swap some time ago. That land was going to be developed and sold by the City for a senior housing project to tie into the Rivers Bend Project. That whole comer drops way down and they originally had talked about just selling off part of it. Councilmember Cook stated this parcel in no way connects to the park. Councilmember Strommen stated there can be a public debate about the best public use for this land, but there has not been involvement from the Park Commission or public input. Motion by Councilmember Cook, seconded by Councilmember Olson, to reconfirm the motion passed in February of 2005, and that Mr. Foster be allowed to purchase the additional 2 ½ acres of land for fair market value, and that the waiver of development fees not be allowed. Further discussion: Councilmember Jeffrey questioned why $10,000 is being considered as the fair market value for this 2 ½ acres of land. City Attorney Goodrich advised one thing to keep in mind is to clarify what the access rights were appraised at, so the Council can understand how the figure of $50,000 for 5 acres was arrived at. Councilmember Elvig noted with the discussion of the history of the parcel it was previously determined to move forward, but he cannot agree to an additional profit for Mr. Foster. He stressed the need to be cognizant on how this 2 ½ acres ties into the park and what could become of the piece of property. Motion carried. Voting Yes: Mayor Gamec, Councilraembers Cook, Olson, Elvig, and Pearson. Voting No: Councilmembers Jeffrey and Strommen. City Council / January 10, 2006 Page 9 of 18