2015.01.12 CC Packet Combined - Laserfiche WebLink

Home Browse Search

December 8, 2015 City Manager Lotter indicated Community Assets & Development Director Schlichting would be presenting this item to the Council. Community Assets & Development Director Schlichting discussed the history of this item noting the Council had previously held two public hearings. He reported the maj ority of proj ect improvements for City Project 16-1, 2016 Street Rehabilitation will be constructed within existing right-of-way. However, the proposed improvements will require acquisition of right-of-way, drainage and utility easements, and temporary construction easements. Staff is currently working with all three of the properties that are impacted by the proposed project. Two of the three properties have indicated their willingness to work with the City on the improvements in the corridor. Based on these properties having a mortgage, it is necessary to have the bank/lender sign their consent to the proposed property easements. To secure mortgage consent it may take considerable time and we may need to do a friendly condemnation with these parties to remain on schedule for construction. The third property, a national chain, has forwarded the offer to the corporate person, along with our local contact responsible for land proceedings. Initial conversations indicate their primary concerns are access throughout the project, a relocated monument sign (and its size), as well as working with their financial institution to approve this transaction. 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. Approval of the initiation of eminent domain or condemnation proceedings requires a two-thirds vote of the entire City Council. Staff recommended the Council hold the third and final Public Hearing and adopt a Resolution authorizing the acquisition of property by eminent domain and approval of the appraised property values. Motion by Councilmember Burg, seconded by Councilmember Jacobsen to open the Public Hearing. 5 Ayes, 0 Nays - Motion Carried The Public Hearing was opened at 6:57 p.m. Mayor Jacobsen asked for additional comments. Councilmember Strub asked if Parcel 10 would be reconstructed in such a way to allow for heavy truck traffic and semi -truck turning. Community Assets & Development Director Schlichting explained that a larger turning radius would be built into the project along with a depressed curb for the pedestrian crossing. Motion by Councilmember Burg, seconded by Councilmember Jacobsen to close the Public Hearing. 5 Ayes, 0 Nays - Motion Carried The Public Hearing was closed at 7:00 p.m. Motion by Councilmember Jacobsen, seconded by Councilmember Burg to Adopt a Resolution Authorizing the Acquisition of Property by Eminent Domain and Approving the Appraised Property Values for City Project 16-1, 2016 Street Rehabilitation. 5 Ayes, 0 Nays -Motion Carried Page 5 of 11 Initiation of Condemnation Proceedings for City Project 16-1, 2016 Street Rehabilitation.