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CITY COUNCIL WORK SESSION FEBRUARY 17, 1999 <br /> DISCUSSION WITH ATTORNEY REGARDING EMINENT DOMAIN,6998 <br /> BLACK DUCK DRIVE, RICK DEGARDNER <br /> Mr. Frank Palcher, 6998 Black Duck Drive, came forward and referred to a letter sent to <br /> the City from his attorney. The letter explains his position on the matter of his property <br /> and eminent domain. He stated safety and the lack of privacy are issues he has if a public <br /> path is put on his property. He noted he is willing to work with the City for a temporary <br /> path until the path on Mallard Lane is completed. <br /> Mr. Schafer, President of the Homeowners Association, came forward and stated he is <br /> present to speak as a neighbor of Mr. Palcher. He indicated he does not feel eminent <br /> domain is a good idea for the following reasons: <br /> 1. History -The Homeowners Associations has very strong feelings regarding <br /> "rights of use"for the property. <br /> 2. The issue of safety and liability. <br /> 3. There is less opposition with the Mallard Lane alternative. <br /> 4. Mr. DeGardner, Public Services Director,recommended Mallard Lane as the <br /> best solution to the problem. <br /> Mr. Vyvyan, Attorney for Mr.Palcher, added that the cost of eminent domain is very <br /> high. <br /> Kim stated the Council needs to receive a recommendation from the City Attorney. A <br /> discussion with full Council will be held the first possible meeting in March, 1999. <br /> ATHLETIC COMPLEX PROPOSAL, RICK DEGARDNER <br /> Rick gave the history of a potential site for the proposed athletic complex. It has been <br /> determined that the best site for the complex is on the Montain property, located at the <br /> south/east corner of Centerville Road and Birch Street. He noted the owner is willing to <br /> negotiate with the City for purchase of the property. <br /> Rick distributed a memo from Jeff Schoenbauer regarding the land analysis of the <br /> property. He noted the City can internally fund this project which makes it a minimal <br /> financial risk. <br /> Council directed Rick to meet with the City Attorney regarding conflict of interest with <br /> the property owner and when Council action will be needed. Rick should also proceed <br /> with citizen communication to properly inform the public of the possible project. <br /> 2 <br />