06-10-2019 Council Packet - Laserfiche WebLink

Home Search

CITY COUNCIL WORK SESSION May 28, 2019 DRAFT 2 The mayor asked for more details on why the acquisition of land situation hasn’t settled. 45 He noted that there is apparently an offer coming forward. Shouldn’t the City know all 46 the information before moving on eminent domain? Community Development Director 47 Grochala suggested that discussions with the property owners will continue as the process 48 moves forward. Staff will be examining a counter offer further as this moves forward 49 also. One of the property owners has someone speaking on their behalf; that property is 50 on the market. Council Member Maher suggested that perhaps the property owner is 51 hoping to sell the whole property so the next owner can deal with it. 52 53 City Attorney Jay Squires noted that the longest part of the process is a 90 day notice 54 required to property owners; working backwards, now is the time the City must act in 55 order to preserve a fall construction schedule for the drainage project. As noted, there 56 will be plenty of opportunity for continuing dialogue with the property owners. The 57 process can lend itself to having more productive discussions. 58 59 Council Member Stoesz asked if a property owner who was selling would have to 60 disclose this situation if they were to sell the land. Attorney Squires explained that the 61 law requires notification of anything that would impact the property. 62 63 The mayor asked how eminent domain would impact the prices that have already been 64 offered. Attorney Squires explained that the current offers have been rejected and he 65 explained how the process will unfold to determine a sale price. 66 67 The mayor wondered, since Lennar (a developer) needs this drainage, why aren’t they 68 negotiating this? Community Development Director Grochala said they (Lennar) is not 69 in a position to force the purchase; the City has broader authority. Lennar does have an 70 agreement with surface water management funding behind it that supports the project. 71 72 Council Member Manthey suggested that keeping the negotiating process going is key to 73 moving forward with this action. 74 75 Council Member Maher asked if the council is tied to acquiring the property with this 76 resolution. City Attorney said there will be opportunities to pull down the process, as 77 discussions continue. 78 79 The meeting was adjourned at 6:28 p.m. 80 81 These minutes were considered, corrected and approved at the regular Council meeting held on 82 June 10, 2019. 83 84 85 86 87 Julianne Bartell, City Clerk Jeff Reinert, Mayor 88 89