08/23/2004 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES August 23, 2004 APPROVED 191 092 Councilmember Carlson expressed concern that some of the homeowners were not being 193 compensated for their land. She indicated she was not aware this had been the City's practice until 194 now. 195 196 Councilmember Dahl also expressed concern, and questioned why some of the homeowners were 197 paid and some were not. 198 199 City Engineer Studenski explained that some parcels did not have a full 33 feet of right-of-way, and 200 the City is attempting to correct that. He noted each of the homeowners was paid $100 for their 201 inconvenience of going through the process, and some homeowners were paid for tree moving or 202 replacement. 203 204 Community Development Director Grochala added that some others showing a higher dollar amount 205 on the spreadsheet were paid for right-of-way or easement outside of the base 66feet. 206 207 Staff noted that the City has been consistent all across 62nd Street with handling right-of-way 208 acquisition, and this is also consistent with how other roadways have been handled. 209 210 Councilmember Stoltz moved to adopt Resolution No. 04-94 approving a Preliminary Plat and the 211 allocation of 1.37 acres of MUSA Reserve for Junes Addition. Councilmember Dahl seconded the 212 motion. 213 14 City Attorney Hawkins expressed that the law states that a city can take right-of-way on any area 15 where the City has maintained the land for at least six years. He stated it does not make sense for the 216 City to pay for something that has already been deemed to be theirs. 217 218 Councilmember Reinert moved to adopt Resolution No. 04-119, Approving Acquisition of Right -of - 219 Way/Easements, 62' Street Reconstruction Project. Councilmember Stoltz seconded the motion. 220 221 Marvin Emly, 590 62nd Street, expressed concern about the City's claim they have maintained that 222 property. He stated the City Engineers did not even know that a culvert existed under 62' Street until 223 they hit it with a backhoe, even though he had asked them to clean it on several occasions. 224 225 Richard Williams, 498 62nd Street, stated he also had concerns with the City's claim that they 226 maintained 33 feet. He noted he and his wife planted 57 trees well within the 16 -foot easement the 227 City did have and the City has now removed all of them. 228 229 Melvin Rehbein, 505 6211d Street, stated the City has never set foot on the other 16 -feet they are 230 claiming they maintained. 231 232 City Attorney Hawkins indicated the question of whether the City has maintained this area is a factual 233 question, and Public Works should have records of the work done out there. He stated the City has 234 filed a petition to the District Court on the properties with prescriptive easement concerns and those 235 owners will have opportunity at the hearing to present information they have on whether the City did 236 or did not maintain the property. He advised the court appoints three neutral persons to view the 037 property, take statements and make a recommendation on how much, if any, compensation the owner 5