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03/02/1999 Council Minutes
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03/02/1999 Council Minutes
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City Council
Council Document Type
Council Minutes
Meeting Date
03/02/1999
Council Meeting Type
Special
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SPECIAL COUNCIL MEETING MARCH 2, 1999 <br />At the last Council work session, the City Council anticipating possible legal <br />consequences, set a closed meeting to discuss eminent domain procedures. The Council is <br />not prepared to order an eminent domain action at this time but needed legal advice from <br />the City Attorney. There is time to make other decisions. <br />Audience comment; there is a RLHA proposal to maintain the current trail until an <br />alternate trail is completed. <br />Audience question; is the Council considering condemning just the trail or all of the <br />outlots. Mayor Sullivan replied only the trail. <br />One of the abutting property owners stated that he has had only a five (5) minute <br />discussion with Mr. DeGardner. He is willing to discuss the situation further with certain <br />concessions but has never had any discussion with the other abutting homeowner. Mayor <br />Sullivan noted that the other homeowner is not willing to give access, the '1. <br />Council Member Bergeson said he would like to see if there is some•way tp °Serve the <br />trail around the lake at or near its present location. He gave some Sackgrou • concerning <br />how this situation was created. <br />Mayor Sullivan said that as long as some access is preserved through Mallard Lane, she <br />did not see the cost benefit for an eminent domain procedure. <br />Council Member Dahl said she considered eminent domain a last resort. The process is to <br />expensive and causes bad feelings However, she would like to see the current access <br />maintained. She is open to discussion. <br />Council Member Lyden felt that trails have value for everyone. He felt that best practice <br />was to mai inthe current route. He has not made up his mind about eminent domain. <br />Mayor Sullivan stated that she is the only member of the Council to have voted against <br />eminent domain. <br />The second homeowner abutting the current trail explained that he picked his lot because <br />the developer assured him that the outlots were private. He noted that the trail is 30 feet <br />from his living room. He also noted that the outlots were advertised as private lots and <br />buyers were told they were private lots. This homeowner said he has had a number of <br />conversations with Mr. DeGardner. There was discussion about moving the entire trail <br />onto the property of the first homeowner. This would put the trail up against his house. If <br />the developer really planned that this trail should be there, there should not have been an <br />extra lot for another house. He suggested the best option is the Mallard Lane trail. <br />Audience comment; unfortunately about 12 years ago the City did not plan ahead or plan <br />correctly. Now the RLHA is facing people crossing association property and private <br />Page 2 <br />
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