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Mounds View City Council August 28, 2023 Regular Meeting Page 4 1 been reviewed and final approval was still forthcoming. He reported there are two property owners 2 that are adjacent but not participating that would be impacted by this project. He commented the 3 ball Holl property will not be assessed for the improvements at the time of construction. Rather 4 the public improvement costs will be captured at the time a residential home is constructed and 5 connection to public utilities are made. The second parcel is owned by Benjamin and Shelly Dahl 6 Doll who he spoke to today. He reported the public improvement costs will be captured for this 7 property at the time a residential home is constructed and connection to public utilities are made. 8 It was noted the Dahl Doll property had not granted right of way. Mr. Dahl Doll has informally 9 advised the City he did not want to sell. Staff has been in contact via phone and through visits and 10 he does not want to sell to the Council, even after being provided a written offer from the City. 11 12 City Administrator Zikmund explained Marty Haarstad has been retained by the seven property 13 owners and Mr. Haarstad visited with the Dins Doll's on Friday, August 11 and on Monday, 14 August 14 the Dahrs and transmitted three different offers to the Doll's, one to purchase his the 15 home, one to purchase the vacant lot and one to purchase the vacant lot while allowing 35 feet of 16 property between the house and the new project. He reported Mr. Haarstad had not received any 17 communication from the Dahl Doll family or his attorney as of today. 18 19 City Administrator Zikmund stated the seven residents are ready to move forward with the project 20 and the draft development agreement was ready for signatures. He indicated significant 21 engineering had to be completed to allow for platting and to ensure the site was developable. He 22 reported at this point, the City is being asked to acquire the property via eminent domain. Kennedy 23 & Graven has advised the Council that this acquisition meets or exceeds all test requirements for 24 eminent domain. He indicated the eminent domain process is spelled out in State Statute and this 25 was the first step. Following adoption of the Resolution, it was noted negotiations can continue. 26 27 City Administrator Zikmund explained there are significant penalties for the government entity to 28 underbid the proposal, which include paying the court appointed price and the dependent's legal 29 fees, which was strong motivation for the City to make fair negotiations. He reported the City's 30 offer is consistent with the independent appraisal and higher than Mr. Dates Doll's appraisal. He 31 commented on the County's value for the entire lot ($20,600) and noted the right of way 32 component was 4,000 square feet of the 24,000 square foot lot. He stated the County value was 33 less than $1 per square foot and noted the Da-hl's Doll's have rejected a counter at $5 per square 34 foot. He reported if the Council were to move forward with this matter, a neighborhood meeting 35 would be scheduled. 36 37 City Attorney Riggs stated there has been conversations between himself and the Dahl Doll family 38 attorney. He reported discussions would continue along with negotiations. He indicated this was 39 the next step in statutory right of way acquisition and staff recommended approval. 40 41 City Administrator Zikmund reviewed a map noting the location and size of the right of way that 42 was being acquired. 43 44 Joe Holl HA, 2573 Sherwood Road, stated he lived a owned property within this proposed 45 development. He explained this has been something that has been going on for many years. He 46 questioned how eminent domain could be used for public use on a private cul-de-sac. He