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MINUTES ~ 2 SPECIAL CITY COUNCIL MEETING MAY 1, 1985 PAGE 3 Mayor Eggert presented the proposed Resolution authorizing eminent domain CONDEMNATIOn proceedings in connection with the east/west alley owned by Mr. OF HERMES and Mrs. Norbert Hermes, stated that an appraiser has been engaged to ALLEY appraise the property, and the City would make a private offer prior to DISCUSSED the condemnation. Attorney Van de North reviewed the resolution and inquired as to whether or not it is necessary to take the 41.67 feet to the east of the Lido property. Engineer Schunicht explained that he had recommended taking the alley to the east line of the Croft property as the alley is an integral part of the parking lot and without it the buffer area between the parking area and residential would be diminished. Mayor Eggert pointed out that the condemnation was authorized at the February 27th Council meeting, however, the City Attorney advised the authorization should have been done by resolution. Fred Kueppers, Attorney for Mrs. and Mrs. Norbert Hermes, stated that the FRED Hermes are relucant to part with the property and naturally agreed that if KEUPPERS, the City is successful in condemning that they take as little as possible. HERMES Councilmember Ciernia asked if there were any alternatives considered such ATTORNEY as an easement, to which Mr. Kueppers relied in the negative. Mayor Eggert stated that a meeting was held at City Hall with Mr. and Mrs. Hermes, Ralph Hermes, Mr. Kueppers, the Labalestras, Mr. Barnes and himself, the purpose of which was to promote some sort of negotiations between the Hermes and the Labalestras, and following that meeting Ralph Hermes in- dicated to the Labalestras that Mr. and Mrs. Hermes were not interested in negotiating an agreement, Mr. Kueppers agreed the meeting was held, but had the impression that the alley would be taken regardless, to which Mayor Eggert replied that condemnation is the last resort. Council would prefer the matter be handled privately. Mr. Kueppers stated that Ralph Hermes is not the owner of the property, and that Mr. and Mrs. Hermes had not been approached regarding negotiations on sharing the alley. Councilmember Chenoweth moved, seconded by Mayor Eggert, that Resolution R-85-20 be adopted. L olita Keck, 1766 St, Mary's, inquired how it was determined that the con- LOLITA demnation was for 'public purpose', and felt that if the Lido benefits KECK, they should purchase the alley. Ms. Keck also wanted to know why the 1766 condemnation is being started when the conditional use has not been ST, MARY'S issued. Attorney Van de North explained that if the conditional use is not granted, the condemnation proceedings can be stopped at any time. Steve Reiter, 1746 Fry St., stated he was disappointed that only mention of the Lido purchasing the Hermes property had been made, and nothing about the possibility of the sale of the Lido to Hermes. Mr. Reiter was also of the opinion that if the City takes the alley, the Croft property could not be issued a conditional use for parking as it would no longer abut a B-2 district but an alley. He also felt it served no public purpose. It was explained to Mr. Reiter that the i alley would still be in the B-2 district. ~ Upon a vote being taken upon the foregoing motion, the motion carried unanimously. RESOLUTION R-85-20 RESOLUTION R-85-20 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEDINGS IN CONNECTION WITH THE EAST/WEST ALLEY AS LEGALLY DESCRIBED HEREIN