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COUNCIL MINUTES DECEMBER 29, 1997 CONSIDERATION OF RESOLUTION NO. 97 -185 DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN, 79TH STREET, DAVID AHRENS Mr. Ahrens explained that the City is currently planning the construction of streets and utilities for the Highland Meadows housing project. This project requires the upgrade of 79th Street to a City standard roadway, as well as installation of utilities to serve the Highland Meadows project. Currently, 79th Street has 33 feet of right-of-way, and City standards require 60 feet of right-of- way. Therefore, the acquisition of 27 feet of additional right-of-way is necessary for the proposed improvements to 79th Street. With the adoption of this resolution, the City is certain to acquire the necessary right-of-way in a timely manner so as not to delay the City improvement projects. Council Member Kuether asked why part of the additional 27 feet could not be taken from the north side of 79th Street. Mr. Ahrens indicated that taking this additional right-of-way from the south side of 79th Street seemed appropriate in his estimation. However, he added that he would prefer to have City Attorney Hawkins examine a map of the area to assist in any determination of change to this proposal. Council Member Kuether requested clarification of the setbacks south of 79th Street. John Guz7i who was present in the audience indicated that his property was adequately set back; however, he pointed out that Mike Broker's property had only a 50 -foot setback. Mr. Ahrens stated that the overall intent is to negotiate a fair price. Council Member Kuether suggested that if Mr. Broker's property is that close, then consideration should be given to taking some of the right-of-way from the south side of 79th Street. That is a possibility, according to Mr. Ahrens. The main issue is obtaining the additional 27 feet. Council Member Neal expressed concern that area property owners had not been sufficiently notified of this proposed action. Mr. Ahrens stated that he was unable to reach Mr. Broker, and had not had an opportunity to contact property owners on the north side of 79th Street. He added that he assumed consideration of the original resolution proposing the Highland Meadows Project improvements addressed the notification issue. Council Member Neal asked why all property owners were not notified of this meeting. Mr. Ahrens explained that he was not aware that this item would come before Council for consideration at this meeting until earlier today when he was apprised by City Attorney Hawkins that the original resolution referred to above did not cover the right-of-way issue. Council Member Lyden moved to deny adoption of Resolution No. 97 - 185, as presented. Motion failed for lack of a second. Council Member Lyden moved to return Resolution No. 97 - 185 to Staff for further review. Council Member Neal seconded the motion. 2