Agenda - Public Works Committee - 10/16/2007

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that the City quit claim to him a 2,022 square foot remnant parcel located between his property at 6304 Highway 10 and Riverdale Drive. This parcel was created in 1989 when Riverdale Drive was constructed. He stated that the recommendation of the Committee which was ratified by the City Council was to offer Mr. Provinzino the property, free of charge, but retain 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. He stated that Mr. Provinzino contacted the City in July stating that the contingency associated with the.City's offer was not acceptable to him, but inquiring whether an outright purchase of the property would be considered. Councilmember Dehen asked if Mr. Provinzino was entitled to compensation if his access on Highway 10 is eventually closed. He stated that he had a recent conversation with Doug Johnson, who is the prosecutor for the City of Coon Rapids and handles all their condemnations. Doug Johnson told him about a Supreme Court case that does not allow someone to get compensation if you cut off a portion of their access, as long as they still have access. He stated that he would like to get the opinion of the City Attorney on whether Mr. Provinzino is entitled . to compensation. Councilmember Olson asked what the land is worth. Public Works Director Olson stated that if a figure of $1 OO,OOO/acre is used, it would be worth approximately $4,000. Motion by Chair Elvig, seconded by Councilmember Olson, to recommend to the City Council that the City communicate to Mr. Provinzino that the City would consider a purchase price of $5,000, retaining all drainage and utility easements for the remnant parcel between the property located at 6304 Highway 10 and Riverdale Drive. Further Discussion: Councilmember Dehen stated that he would still like to get a legal opinion. Councilmember Olson accepted a friendly amendment, seconded by Chair Elvig, to get an opinion from the City Attorney regarding compensation for access changes. Amended motion carried. Voting Yes: Chairperson Elvig, Councilmembers Olson and Dehen. Voting No: None. Case #9: Consider Acquisition of Tax Forfeit Property Public Works Director Olson stated that the City has a 20 foot deep sanitary manhole located within the parcel, which accepts the discharge from the lift station located in the Estates of Silver Oaks. Having a drainage and utility easement over this entire parcel would serve public purposes if future repair to the manhole or forcemain is ever necessary. City Engineer Jankowski stated that the City's cost during the six month withholding period will be $10 plus a recording fee. Public Works Committee / September 18, 2007 Page 21 of 23