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Item No: 08G <br />Meeting Date: 8-14-2023 <br />MOLADtSIEWType of Business CB <br />City Administrator Review: <br />City of Mounds View Staff Report <br />To: Honorable Mayor, and City Council <br />From: Nyle Zikmund, City Administrator <br />Item Title/Subject: Acquisition of Right of Way by Eminent Domain for Long <br />Lake Woods Second Addition <br />Introduction: <br />Council has been working with a group of residents, represented by Mr. Marty Harstad, on an <br />infill project on their properties since 2020. A public street is needed as part of the project and <br />all right of way has been acquired with the exception of one parcel owned by the Ben Doll <br />family. <br />Discussion: <br />Council is very familiar with the projects as numerous discussion have occurred at previous <br />Council meetings, workshop, and closed sessions pertaining to negotiations for the Right of <br />Way. <br />The Ben Doll family has received numerous correspondences, including personal visits from the <br />City Administrator advising him this action was forthcoming. <br />Council has also been advised that Mr. Doll is represented by counsel who has been in <br />discussions with Mr. Harstad on direct acquisition of his property; which if an agreement was <br />reached between then, result in termination of the condemnation process. These parties may <br />request Council delay this process in order to give them additional time to come to an <br />agreement. <br />If no agreement is reached, the Eminent Domain process complies with the public purpose need <br />as the street has been on our city maps for decades and we have obtained or will obtain all <br />Right of Way accept this parcel. <br />The process includes time for further negotiation, a quick take provision so the project can start, <br />a court appointed panel to review facts and award a fair price, and remuneration to the impacted <br />party if the court determines. <br />Strategic Plan Strategy/Goal: <br />More livable city and build and maintain infrastructure. <br />Financial Impact: <br />The fiscal impact includes the acquisition price and legal fees for the process. The majority of <br />these costs will be recovered as part of the development agreement and assessment process <br />that accompanies a development. <br />Recommendation: <br />Adoption of resolution 9799 <br />Respectfully, <br />Nyle Zikmund <br />City Administrator <br />i Fie rviuunus view vision <br />A Thriving Desirable Community <br />