12/20/1999 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES DECEMBER 20, 1999 • Mr. Wessel stated the first statement is a policy issue but the second statement is a fact that Attorney Hawkins has already alluded to. Mr. Baylor stated that he asked the City for fair market value but said in conjunction with the conveyance of the road that he pays for that there be some appropriate payment in accordance with fair market value. He stated this is also what is being discussed with Mr. Rehbein. Mayor Sullivan stated the Developer's Agreement requires the City to pay fair market value if the road is dedicated. Attorney Hawkins stated that is accurate. Mr. Baylor stated that was not his intention but he is asking for fair market value apportioned to that portion of the road. Council Member Lyden asked Mr. Baylor if he is asking for a period of time to pursue a private action. He stated if the Council is prepared to go toward eminent domain with the outstanding issue of the Developer's Agreement (the road) then there is no other hold u ' to the Developer's Agreement. He asked why the Council is not capable of approving the �,.er's Agreement and eminent domain at the same time. Attorney Hawkins stated the Developer's Agreement is for t c n of a private road but the agreement deals with a 429 project with the cost bei Mayor Sullivan stated that if the Developer's Agr domain, then the agreement could be appr domain taking place, then the private one. proves everything except the eminent ment is negotiated prior to eminent Attorney Hawkins stated that a is'''' ayment for the private roadway and how it would be funded. Mayor Sullivan asked ` + mber Lyden if he is suggesting approval of the Developer's Agreement minus the e . n domain process. Council Member Lyden stated that would be the second option but the first option is to provide Mr. Baylor with enough time to pursue a private negotiation. Council Member Bergeson stated if eminent domain is pursued, then a different agreement would need to be developed. Attorney Hawkins stated that is accurate and that type of agreement are not completed at this time. Council Member Bergeson stated that he believes eminent domain would facilitate the completion of such an agreement. Mr. Hawkins stated the road right-of-way would be dedicated, the road installed, and the costs assessed to benefiting property owners.