HomeMy WebLinkAbout11/12/1991 Council Minutes (3)185
COUNCIL CLOSED SESSION
CITY OF LINO LAKES
COUNCIL MINIITES
NOVEMBER 12, 1991
DATE • November 12, 1991
TIME STARTED : 9:25 P.M.
TIME ENDED : 9:56 P.M.
MEMBERS PRESENT: Bisel, Bohjanen, Kuether, Neal, Reinert
MEMBERS ABSENT : None
Staff Members present: City Attorney, Bill Hawkins; City
Engineer, Darrell Schneider; Public Works Director, Don Volk;
City Administrator, Randy Schumacher and Clerk - Treasurer, Marilyn
Anderson.
The purpose of the closed meeting was to discuss the acquisition
of temporary and permanent easements for the Reshanau Lake Trunk
Sewer Improvement from Harold Lehmann, 509 Birch Street.
Mr. Hawkins explained that the eminent domain process has been
started to acquire the easements needed from Mr. Lehmann. The
easements consists of approximately one quarter acre of permanent
easement and one half acre of temporary easement. The 90 day
waiting period will not expire for some time and it is very
important that the contractor be able to access the property
immediately to continue and complete the project as scheduled.
The City Assessor has estimated the value of the property to be
$5,000.00. There are several old large trees on the property
which probably will be disturbed and die. Mr. Lehmann is seeking
compensation for them as well as the land. He is asking
$12,680.00 for the easements and the trees.
There was discussion regarding the value of the land and the
value of the trees with Mr. Schneider indicating that the sale of
the property to the Centennial School District would give a very
good indication of the value of the land. However, it is much
more difficult to place a value on the trees. Mr. Schneider also
noted that whatever is decided as the cost of the easements will
be paid by Metro Waste Control as part of the project costs.
There was a question as to why purchase of the easements was
delayed until this point. Now the City is "backed into a corner"
and does not have many choices. Mr. Schneider explained that Mr.
Hawkins started the eminent domain process in October and the 90
PAGE 1
1
1
1
1
1
1
COUNCIL CLOSED'SESSION NOVEMBER 12, 1991
day waiting period will not end until some time in December. The
contractor has said that he will be charging the City for each
day the project is delayed.
Other possible routes for the trunk line was discussed. Mr.
Schneider explained that this was the cheapest route and affected
the least number of landowners.
There was discussion regarding the value of the trees. It was
noted that the trees were very large and old and if they were
removed, the property appearance would be drastically altered.
Mr. Schneider explained that he could try to negotiate the price
of the land. He could also explain to Mr. Lehmann that the City
is offering to pay for the two (2) trees that will be left
standing next to the house. If the trees do not die, then Mr.
Lehmann will have been paid for the trees and will still have his
trees.
It was suggested to explain to Mr. Lehmann that if the matter
goes to litigation, he will pay his attorney one third of his
settlement.
Mr. Schneider was instructed to go back to Mr. Lehmann with a
counter offer and try to get him to accept less. If this did not
work, then prepare a settlement for $12,680.00.
The closed session ended at 9:56 P.M.
These minutes were considered, corrected and approved at a
regular meeting of the Council on December 9, 1991.
—4.)/
CX.,4d—Z-7
arilyn . Anderson, Harold L. Bisel,
Clerk- Treasurer Mayor
PAGE 2
190
191
COUNCIL WORK SESSION
Marilyn G. Anderson,
Clerk - Treasurer
PAGE 3
NOVEMBER l 1991
Harold L. Bise
Mayor
1
1