2015.12.08 Packet Combined - Laserfiche WebLink

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November 24, 2015 Page 5 of 7 condemnation with these parties to remain on schedule for construction. The third property, a national chain, has been presented with the City's offer. We have exchanged emails, but the local/regional manager that we were dealing with has relocated to Florida (within the same company). He has forwarded the offer to the corporate person responsible for land proceedings. It is normal in cases similar to this to start the eminent domain proceedings for a quick take, while still negotiating voluntary acquisitions. In addition to the condemnation requirements of state law, City Code Section 2-33 has a provision requiring 3 public hearings before the Council may resolve to condemn. Staff reviewed the request further and requested the Council hold a public hearing regarding the proposed condemnations. Motion by Councilmember Bauman, seconded by Councilmember Jacobsen to open the Public Hearing. 5 Ayes, 0 Nays - Motion Carried The Public Hearing was opened at 8:00 p.m. Mayor Jacobsen asked for additional comments, there were none. Motion by Councilmember Jacobsen, seconded by Councilmember Burg to close the Public Hearing. 5 Ayes, 0 Nays - Motion Carried The Public Hearing was closed at 8:01 p.m. Councilmember Jacobsen asked why the City was beginning the condemnation process at this time. Community Assets and Development Director Schlichting explained several of the property owners have requested the City to initiate this process. Councilmember Jacobsen requested further information on the condemnation procedure. Community Assets and Development Director Schlichting described the City's condemnation procedure in detail with the Council. He reported that all condemnation expenses were MSA eligible. Councilmember Burg supported the use of eminent domain in this instance and reported the property owners would be paid a fair price. Councilmember Bauman agreed stating the City had two agreeable parties for each of the proposed condemnations. Mayor Jacobsen discussed the Supreme Court ruling regarding eminent domain. Council Business 1. Consideration of a Resolution Approving a Site Plan, Special Use Permit and Nonconforming Use Permit for 201 5th Avenue NW. City Manager Lotter indicated Assistant Community Assets and Development Director/Planning Director Gundlach would be presenting this item to the Council. Assistant Community Assets and Development Director/Planning Director Gundlach stated the applicant is requesting approval of the following land use requests for 201 5th AVE SW: • Site Plan — required in order to secure permits to conduct site improvements on all business and industrial -zoned property in the City. • Special Use Permit — required in order to conduct used truck and trailer sales, including outdoor storage, in the business and industrial districts. • Nonconforming Use Permit — required in order to secure a Site Plan and Special Use Council Business 1. Consideration of a Resolution Approving a Site Plan, Special Use Permit and Nonconforming Use Permit for 201 5t' Avenue NW.