03/13/1989 Council Minutes - Laserfiche WebLink

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COUNCIL MEETING MARCH 13, 1989 Mr. Hawkins explained that the petition for eminent domain action would be for the entire length of the improvement and would start the legal process immediately since there is a ninety day waiting period after the filing date. The project then would not be held up because of easement acquisition. He also noted the city could start negotiating with the landowners immediately and as agreements are established, those particular properties would be eliminated from the court proceedings. The counter proposal from the landowers was discussed. Mr. Stahlberg explained that it was quite likely these property owners would lose the use of their wells during the dewatering process but the wells would return to normal about two weeks after the dewatering stopped. He noted that the contractor will be required by contract to provide water to the homeowners and also explained how this process would work. Scott Rasmussen, 6864 Rustic Lane explained that the easement calculatton for his property and for Mr. Tresslers property is in error. He asked Mr. Hawkins to correct the figures. He also noted that at the September 26, 1988 council meeting, Mayor Benson told the Rustic Lane property owners there would be no assessments on their property. Mayor Benson explained that if the residents decided to not hook up to the utility there would be no assessments. However, if the residents decided to hook up to sewer and water facilities, they would have the same assessments as any other landowner. Mr. Bisel said that if the Council were to forgive assessments and allow the landowers to hook up, a precidence would be set for future assessments. Mr. Rasmussen said he felt that the Council was taking water away from them (wells going dry during dewatering) and further felt this was a form of blackmail bargaining. Mr. Bisel noted that if the Council were to approve the landowners demands it would cost the City $9,000 to $9,500 per landowner plus the cost of the easements. Mr. Rasmussen said he would sign the easement documents and forget the other demands if the City would give him $9,000.00. He said he felt the matter could be settled within the week. He noted that the landowners do not want to be hooked up to municipal water and have the assessments. That is why they are asking for installation of deep wells. There was further discussion regarding the shallow wells at the five properties on Rustic Lane. Mayor Benson noted that if the shallow wells were condemned for whatever reason, he felt the City would still not allow the residents to hook up to the municipal water without assessments. Mr. Rasmussen noted that he had talked to the DNR and was told that the City is responsible for supplying water to the residents -ff they loose their wells because of dewatering.