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December 1, 2015 <br />B. Consider the Initiation of Condemnation Proceedings for City Project 16-1, 2016 <br />Street Rehabilitation <br />City Manager Lotter reported Community Assets and Development Director Schlichting would <br />be presenting this item to Council. <br />Community Assets and Development Director Schlichting explained the majority of project <br />improvements for City Project 16-1, 2016 Street Rehabilitation will be constructed within <br />existing right-of-way. However, the proposed improvements will require acquisition of right- <br />of-way, drainage and utility easements, and temporary construction easements. Staff is <br />currently working with all three of the properties that are impacted by the proposed project. <br />Two of the three properties have indicated their willingness to work with the City on the <br />improvements in the corridor. Based on these properties having a mortgage, it is necessary to <br />have the bank/lender sign their consent to the proposed property easements. To secure <br />mortgage consent it may take considerable time and we may need to do a friendly <br />condemnation with these parties to remain on schedule for construction. The third property, a <br />national chain, has been presented with the City's offer. We have exchanged emails, but the <br />local/regional manager that we were dealing with has relocated to Florida (within the same <br />company). He has forwarded the offer to the corporate person responsible for land proceedings. <br />It is normal in cases similar to this to start the eminent domain proceedings for a quick take, <br />while still negotiating voluntary acquisitions. In addition to the condemnation requirements of <br />state law, City Code Section 2-33 has a provision requiring 3 public hearings before the <br />Council may resolve to condemn. It was noted this Public Hearing was the second of the three <br />required. Staff recommended the Council open the Public Hearing and take testimony from <br />the public. <br />Motion by Councilmember Jacobsen, seconded by Councilmember Burg to open the <br />Public Hearing. <br />5 Ayes, 0 Nays - Motion Carried <br />The Public Hearing was opened at 8:05 p.m. <br />Larry Justin, 1225 Imperial Lane, asked if the condemnations were friendly. Community <br />Assets and Development Director Schlichting reported this was the case and both parties were <br />agreeable. <br />Motion by Councilmember Jacobsen, seconded by Councilmember Burg to close the <br />Public Hearing. <br />5 Ayes, 0 Nays - Motion Carried <br />The Public Hearing was closed at 8:06 p.m. <br />Councilmember Bauman clarified the third party has not yet come to an agreement with the <br />City. Community Assets and Development Director Schlichting stated this was the case and <br />noted he would continue working with the property owner to reach an agreement. <br />Councilmember Strub asked if Parcel 9 would be used for flood mitigation. Community <br />Assets and Development Director Schlichting reported this was the case and discussed further <br />how the site would be used to reduce flooding in the future. <br />Councilmember Strub questioned what areas of the Simply Storage property would be <br />impacted by the proposed flood mitigation. Community Assets and Development Director <br />Schlichting indicated the area that holds the existing Simply Storage sign would be impacted <br />and the pond would be located in the current green area. <br />Page 5 of 6 <br />Consider the <br />Initiation of <br />Condemnation <br />Proceedings for City <br />Proiect 16-1.2016 <br />Street Rehabilitation <br />