Laserfiche WebLink
Mounds View City Council August 28, 2023 <br />Regular Meeting Page 4 <br /> <br />development with 12 single family lots. He indicated the property would create an extension of <br />Greenwood and the City has acquired the right of way. He stated preliminary project plans have <br />been reviewed and final approval was still forthcoming. He reported there are two property owners <br />that are adjacent but not participating that would be impacted by this project. He commented the <br />Holl property will not be assessed for the improvements at the time of construction. Rather the <br />public improvement costs will be captured at the time a residential home is constructed and <br />connection to public utilities are made. The second parcel is owned by Benjamin and Shelly Doll <br />who he spoke to today. He reported the public improvement costs will be captured for this property <br />at the time a residential home is constructed and connection to public utilities are made. It was <br />noted the Doll property had not granted right of way. Mr. Doll has informally advised the City he <br />did not want to sell. Staff has been in contact via phone and through visits and he does not want <br />to sell to the Council, even after being provided a written offer from the City. <br /> <br />City Administrator Zikmund explained Marty Harstad has been retained by the seven property <br />owners and Mr. Harstad visited with the Doll’s on Friday, August 11 and on Monday, August 14 <br />and transmitted three different offers to the Doll’s, one to purchase the home, one to purchase the <br />vacant lot and one to purchase the vacant lot while allowing 35 feet of property between the house <br />and the new project. He reported Mr. Harstad had not received any communication from the Doll <br />family or his attorney as of today. <br /> <br />City Adm inistrator Zikmund stated the seven residents are ready to move forward with the project <br />and the draft development agreement was ready for signatures. He indicated significant <br />engineering had to be completed to allow for platting and to ensure the site was developable. He <br />reported at this point, the City is being asked to acquire the property via eminent domain. Kennedy <br />& Graven has advised the Council that this acquisition meets or exceeds all test requirements for <br />eminent domain. He indicated the eminent domain process is spelled out in State Statute and this <br />was the first step. Following adoption of the Resolution, it was noted negotiations can continue. <br /> <br />City Administrator Zikmund explained there are significant penalties for the government entity to <br />underbid the proposal, which include paying the court appointed price and the dependent’s legal <br />fees, which was strong motivation for the City to make fair negotiations. He reported the City’s <br />offer is consistent with the independent appraisal and higher than Mr. Doll’s appraisal. He <br />commented on the County’s value for the entire lot ($20,600) and noted the right of way <br />component was 4,000 square feet of the 24,000 square foot lot. He stated the County value was <br />less than $1 per square foot and noted the Dolls have rejected a counter at $5 per square foot. He <br />reported if the Council were to move forward with this matter, a neighborhood meeting would be <br />scheduled. <br /> <br />City Attorney Riggs stated there has been conversations between himself and the Doll family <br />attorney. He reported discussions would continue along with negotiations. He indicated this was <br />the next step in statutory right of way acquisition and staff recommended approval. <br /> <br />City Administrator Zikmund reviewed a map noting the location and size of the right of way that <br />was being acquired. <br /> <br />Joe Holl, 2573 Sherwood Road, stated he owned property within this proposed development. He