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<br />Chair Elvig suggested that the property owners be surveyed to see what their interest level would <br />be in this type of approach. . <br /> <br />Motion by Councilmember Olson, seconded by Chair Elvig, to survey property owners who have <br />unpaved driveways to determine their interest in paving their driveways. <br /> <br />Further Discussion: Councllmember Dehen stated that he would like to see the survey questions <br />before they are sent out. Mr. Monely stated his concern that this will open the door for the City <br />to come in and say that .cement driveways are an eye sore. Chair Elvig stated that he did not feel <br />the City is trying to mandate paving driveways, but to see if they would be interested, especially <br />at a discounted rate, if possible. <br /> <br />Motion carried. Voting Yes: Chairperson Elvig, Councilmembers Olson and Dehen. Voting <br />No: None. <br /> <br />Case #3: <br /> <br />Consider Acquisition of Right-of-Way for Helium Street Extension through <br />Proposed GAD'S Prairie Development <br /> <br />City Engineer Jankowski stated that in May of 2006, an application was made to develop seven, <br />detached townhome units on a parcel at 14520 Nowthen Boulevard. The plat received <br />preliminary plat approval in August of 2006, contingent upon satisfaction of Anoka' County <br />Highway Department's concerns. In May of 2007, a new developer came forward with a final <br />plat application that generally conformed to the preliminary plat. By this time, the County had <br />submitted comments regarding the proposed development, and indicated their concerns. The City <br />Council expressed significant concerns with allowing an access onto CR 5 in the proposed <br />location, and directed the developer to work with the adjoining property owners to obtain access <br />to l46th Avenue via the proposed Helium Street. After meeting with the adjoining property <br />owners, preparing appraisal ,reports, and offering to purchase the land, the applicant was rejected <br />by both of the adjoining property owners. <br /> <br />The City Council directed staff to analyze the possibility of acquiring the right-of-way, the costs <br />associated with the acquisition and road construction, and the capability of assessing back to <br />property owners. The estimated cost of the land acquisition is approximately $40,000.00. <br />($100,000 per acre X .4 acres). These costs do not include any legal costs associated with the <br />condemnation proceedings, which could be as high as $20,000 to $25,000 if all three property <br />owners dispute the appraised value and appeal to a condemnation commission. <br /> <br />Construction of Helium Street could begin when the right-of-way is successfully acquired. The <br />estimatedcost of the street construction would be approximately $150,000.00 (with $35,000.00 <br />of contingency costs). Based on the City Charter, Section 8.4.4, the City Council cannot assess <br />property owners for a "public improvement" project if the project is petitioned. against by more <br />than 50% ofthe property owners. <br /> <br />In this case, it is not anticipated that the two other property owners will consent to being assessed <br />for the cost of the construction of the road. Therefore, the cost of acquisition and construction of <br />the road will be the responsibility of the developer and/or the City, if eminent domain is utilized <br /> <br />Public Works Committee / September 18, 2007 <br />Page 16 of23 <br />