Minutes - Public Works Committee - 01/16/2007

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Public Works Director Olson explained Mr. Provinzino would not be able to expand his building on the land because it will be retained as a drainage and utility easement. There would be the potential use of a parking lot, which would be allowed over the easement. The thought process was likely that Riverdale Drive would continue on that alignment, but it is built now and extended beyond this property, and it is not likely that the land will ever be used for road purposes. The City will still get the same use of the property as they currently have. Chairperson Elvig asked who pays taxes on the land. City Engineer Jankowski replied the City owns the land, so it is tax exempt. Chairperson Elvig noted Mr. Provinzino would pay taxes on the land in the future. Councilmember Dehen inquired about the possibility of requiring access from the back of this property with the quit claim deed, rather than from Highway 10. Public Works Director Olson indicated this is something the City would like; however, it is not likely that Mr. Provinzino would give up his access on Highway 10 for a small sliver of land like this. While the Highway 10 access is not safe from the City's perspective, it is valuable from a business perspective. The Committee and staff discussed the likely changes in access with the future improvements on Highway 10. Public Works Director Olson advised the State cannot take an access without paying for it. Councilmember Elvig suggested staff negotiate with Mr. Provinzino that with the quit claim deed of this property he will be unable to receive compensation from the City for the closing of his access with future improvements on Highway 10. He noted this would help the price of the Highway 10 improvement project. Councilmember Dehen noted a condition would be needed that this provision follows the land. City Engineer Jankowski indicated with this recommendation related to the access, the documents should be prepared by the City, rather than by Mr. Provinzino as was recommended. Motion by Councilmember Olson, seconded by Chairperson Elvig, to recommend to City Council that staff be directed to prepare the documentation to quit claim Parcel lA to Mr. Provinzino free of charge, which retains drainage and utility and trail easements in favor of the City over the subject parcel, contingent on Mr. Provinzino's acceptance that he will not receive compensation if and when his access to Highway 10 is closed, with this provision to be recorded against the land, and contingent on review by the City Attorney. Motion carried. Voting Yes: Chairperson Elvig, Councilmembers Olson and Dehen. Voting No: None. Public Works Committee / January 16,2007 Page 9 of 13