05-28-2019 Council Work Session Minutes

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CITY COUNCIL WORK SESSION May 28, 2029 APPROVED 45 The mayor asked for more details on why the acquisition of land situation hasn't settled. 46 He noted that there is apparently an offer coming forward. Shouldn't the City know all 47 the information before moving on eminent domain? Community Development Director 48 Grochala suggested that discussions with the property owners will continue as the process 49 moves forward. Staff will be examining a counter offer further as this moves forward 50 also. One of the property owners has someone speaking on their behalf, that property is 51 on the market. Council Member Maher suggested that perhaps the property owner is 52 hoping to sell the whole property so the next owner can deal with it. 53 54 City Attorney Jay Squires noted that the longest part of the process is a 90 day notice 55 required to property owners; working backwards, now is the time the City must act in 56 order to preserve a fall construction schedule for the drainage project. As noted, there 57 will be plenty of opportunity for continuing dialogue with the property owners. The 58 process can lend itself to having more productive discussions. 59 60 Council Member Stoesz asked if a property owner who was selling would have to 61 disclose this situation if they were to sell the land. Attorney Squires explained that the 62 law requires notification of anything that would impact the property. 63 64 The mayor asked how eminent domain would impact the prices that have already been 65 offered. Attorney Squires explained that the current offers have been rejected and he 66 explained how the process will unfold to determine a sale price. 67 68 The mayor wondered, since Lennar (a developer) needs this drainage, why aren't they 69 negotiating this? Community Development Director Grochala said they (Lennar) is not 70 in a position to force the purchase; the City has broader authority. Lennar does have an 71 agreement with surface water management funding behind it that supports the project. 72 73 Council Member Manthey suggested that keeping the negotiating process going is key to 74 moving forward with this action. 75 76 Council Member Maher asked if the council is tied to acquiring the property with this 77 resolution. City Attorney said there will be opportunities to pull down the process, as 78 discussions continue. 79 80 The meeting was adjourned at 6:28 p.m. 81 82 These minutes were considered, corrected and approved at the regular Council meeting held on 83 June 11, 2019. 88 Julianryl✓ Bartell, City�lerk �' 89 F7