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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 />southeast 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 />• <br />• <br />