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CITY COUNCIL MEETING FEBRUARY 12, 1996 Resolution No. 96 - 16 can be found at the end of these minutes. ATTORNEY'S REPORT, BILL HAWKINS Consideration of Resolution No. 96 -10 Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, Centennial Middle School - Mr. Wessel showed a map of the proposed roadway and explained that the design of the new Centennial School District middle school on Elm Street and Fourth Avenue is well underway with the site work projected for completion in the fall of this year. The City Engineer, with the concurrence of the Centennial School District and adjacent landowners, has determined a road alignment as being most beneficial to the City. Negotiations have been initiated with the two (2) affected landowners to purchase the properties. Both parcels are undeveloped raw land and both parties are interested in selling. Resolution No. 96 - 10 authorizes a procedure for acquiring the property through Eminent Domain, should good faith negotiations not be concluded within the next 90 days, and therefore jeopardize the new middle school schedule. Centennial School Superintendent, John McClellan will be before the Planning and Zoning Board on Wednesday, February 14, 1996 to present the building and site review as well as the rezoning request. Mr. Wessel explained that the City has had a good working relationship with the School District. He used a posterboard drawing to show where the new school will be located and the proposed street configuration to serve the school. Mr. Wessel said that negotiations have been initiated with the two (2) property owners for street right-of-way. The property owners have indicated willingness to sell the land. The property is raw land and nobody will be displaced. Mr. Hawkins said that he will file the eminent domain petition pursuant to state statute and Resolution No. 96 - 10. The City will have the right to possession in 90 days. Since the property owners are willing to sell the land, the only reason that the eminent domain process will go forward is if the City and the landowners cannot come to a reasonable conclusion regarding the selling price of the land. Council Member Kuether moved to adopt Resolution No. 96 - 10 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 10 can be found at the end of these minutes. OLD BUSINESS Consideration of Using a Consent Agenda - Mr. Tesch explained that there has been some interest in using a consent agenda for the regular Council meetings. A consent agenda tends to speed up a meeting by placing items that are not controversial or do not need discussion at the beginning of the meeting on the consent agenda. Council Member PAGE 23