Minutes - Council - 07/10/2007 - Laserfiche WebLink

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with a lot of these businesses and says they do not like the look of their building or they feel the property can bring in more tax base. The law was pretty clear before it was changed, and it is even clearer now that eminent domain is for public purpose. He cannot support administrative bullying of small businesses through the threat of eminent domain. Councilmember Elvig stated at some point in time when you offer enough money it becomes a willing seller, which is all part of negotiations. He verified with Mr. Goodrich that this property owner has not taken the City to court. He pointed out that the City increased the purchase price and there are also relocation fees. He asked if this is now a willing seller or if it is a forced sale. City Attorney Goodrich replied it is a little of both. Little has been heard from Mr. Brown's legal counsel about the settlement; just that they wanted to resolve this so they could determine what will happen with their property and move on. Mr. Brown would have a right to contest the amount paid, which has been avoided with this proposed settlement. Councilmember Elvig questioned if the City has proposed enough that Mr. Brown is a pretty willing seller. . City Attorney Goodrich replied yes, but Councilmember Look is correct that the City has started eminent domain action. There can be different opinions on the effect of that action. Councilmember Dehen asked why the City did not approach this individual and ask for a purchase agreement. City Attorney Goodrich indicated that this was done. Councilmember Dehen questioned if the individual is an unwilling seller. City Attorney Goodrich replied that the owner did not want to sell. The original purchase price was in the $200,000 to $250,000 range. The negotiated price includes relocation costs. Motion by Councilmember Strommen, seconded by Councilmember Elvig, to authorize the City's legal Counsel to enter into a Stipulation of Final Settlement on behalf of the City regarding the acquisition of the Eugene Brown property located at 14220 Basalt St, which settlement shall be in substantially the form of the document attached to the City Council case and reviewed by the Council onJuly 10, 2007. Motion carried. V oting Yes: Mayor Gamec, Councilmembers Strommen, Elvig, Dehen, Jeffrey, and Olson. Voting No: Councilmember Look. Case #4: Confirm Settlement Terms for Acquisition of Sparkle Pool Services, Inc's Property Located at 14105 Azurite Street City Attorney Goodrich reviewed that Council authorized an eminent domain action to acquire the property located at 14105 Azurite Street in 2006 for economic development purposes. On June 5, 2007, Council met in closed session to further discuss this acquisition. The consensus of the Council at that time was to approve a negotiated purchase price of $300,000, pending no City Council! July 10,2007 Page 9 of 24