Minutes - Council - 02/27/2007 - Laserfiche WebLink

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Motion carried. Voting Yes: Mayor Gamec, Councilmembers Olson, Elvig, Dehen, Jeffrey, Look, and Strommen. Voting No: None. The public hearing was closed at 8:08 p.m. Council Business Mayor Gamec called the regular City Council meeting back to order at 8:08 p.m. Mayor Gamec commented they have always looked at 167th Avenue being changed and taking out the sharp corners. The City did not want to get involved; they were hoping the developer could work with this for a future roadway. Councilmember Look stated Mr. Overtoom raised a question about who owned the property where the road will go through and cut off the corner, and he understands that has not been ironed out as of yet. Public Works Director Olson indicated the map of the future roadway and the impacted properties is included on page 86 of the Council's packet. Four properties were purchased by Oakwood Land Development. Mr. Peterson is dedicating right-of-way from parcel nos. 4 and 8. Mr. Peterson was not successful in negotiating with the property on the southeast quadrant of Jasper Street and 166th, so that segment south of parcel no. 4 has not been acquired, nor has the property west of Limonite Street. In the event that 167th does happen, which would likely be in a few years, they will not be able to move forward with that until an agreement is negotiated with those property owners for that right-of-way. Councilmember Look asked if this is a situation at some point where there would be eminent domain proceedings due to the public purpose of the road. Public Works Director Olson stated from his perspective as a staff member, they take every precaution not to use eminent domain; it is a tool the City does not want to have to use. Negotiations would be hinged on that, but that is not necessarily the way the right-of-way would be acquired. Councilmember Strommen asked whether the lot with the septic system that is partially in the right-of-way is addressed, as she does not see it included in the Engineering letter or elsewhere. Associate Planner Geisler indicated this will be added if it is not included in the Engineering Memo. Councilmember Look requested clarification of the action being requested tonight. He questioned if approval would authorize acquiring right-of-way by whatever means necessary when the construction of 167th Avenue is scheduled to begin. Community Development Director Trudgeon advised the approval tonight is a small step in trying to get some of the right-of-way necessary for the construction of 16th Avenue. The City Council / February 27, 2007 Page 10 of 21