06-09-92 Special CCM - Laserfiche WebLink

Home Browse Search

LAKE ELMO CITY COUNCIL SPECIAL MEETING JUNE 9, 1992 5 As it turns out, Mr. Schiltgen called me and I asked him if he was a willing seller of property over there and he told me that the only thing he knew about this community drainfield is what he had read recently in the Stillwater paper and has had no communication on this whatsoever and was not in fact a willing seller. I make that point to emphasize the fact that our engineer has stated we would have a start date for construction of this project of August, 1992. Following my communication with Mr Schiltgen, I talked to our city attorney, Jerry Filla. He stated that the law requires if we must go to condemnation Mr. Schiltgen's property at least three months before we can gain control of his property and it does not take a genius to recognize that if we began our activity immediately we would in any case be beyond the completion date of this project before we gain control of Mr Schiltgen's property. My feeling was that this council would have to meet since we promised the residents of the old village that before we came to any final decision we would have one more public meeting which would require notice at least two weeks and then make a decision. That's four weeks. so add to today a date four weeks and we are off into October before we can gain control of this property if we must begin legal proceedings to gain that control. Time is of the essence. We must have direct communication from Mr. Schiltgen and we must have on paper a written statement that he is either willing or unwilling participant. If he is unwilling, then we are going to have to assess our options. One of which is to begin proceedings for condemnation which at this point seems beyond the realm of possibilities; or, two, determine if we can purchase property from a willing seller, the White Hat restaurant, and at what price we can purchase that property. That is begin negotiations, or, three, cancel this idea altogether this year. Sue Dunn; is the city engineer coming tonight and the White Hat deal, what is that. Dave: He was suppose to, somebody must have called him and cancelled his attendance. I make these points to indicate that there is another terrible thing sitting out there that although not as directly as Mr. Schiltgen my feeling is this may also be a problem for us. We had been given assurances also by our city engineer that we would be able to gain access to an easement or purchase agreement or some arrangement to take care of our surface water drainage in the old village. That to be small excavation of Mr. Schiltgen's property to the east directly adjacent to the old village in such a manner that water could properly egress through his property.