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City Council Meeting Minutes <br /> • July 27, 1999 <br /> Page 5 <br /> 1 area. He presented a depiction of the area with ponding locations on the land to be developed as <br /> 2 a result of this resolution. He added the construction of a piping system to take the storm water <br /> 3 to another location is not a cost effective solution for this area, and would be technically difficult. <br /> 4 Mr. Willenbring stated the engineers had identified low property which was already routinely <br /> 5 impacted by floodwaters and would allow for the construction of a pond. He added that if land is <br /> 6 already low, ponds can be constructed in a very cost effective way. <br /> 7 Mr. Willenbring stated that an overflow route for flooding would be most efficient through the <br /> 8 area in the alley beyond 2709 Pahl Avenue, which is why that specific lot was selected. <br /> 9 Mr. Willenbring stated the lots in question can potentially provide storage so that damage to <br /> 10 adjacent structures would be minimized if not eliminated. He added the engineers reviewed lots <br /> 1 l which were most suitable for ponding locations from an engineering prospective, and would <br /> 12 displace the least number of residents as well as impact the least amount of property. <br /> 13 Mr. Willenbring stated the engineers, in this attempt to provide the City's residents with 100 year <br /> 14 flood protection, believe without question that utilization of these properties will achieve this <br /> �5 goal in the most cost effective way. <br /> 16 Ranallo invited City Attorney William Soth to address the Council. Mr. Soth stated it is <br /> 17 preferable to acquire homes by purchase and through negotiations with owners. He added in <br /> 18 these 3 cases being considered by the Council, the City and property owners have.been unable to <br /> 19 come to terms on the purchasing of these properties. <br /> 20 Mr. Soth stated that State law provides a governmental authority such as a City the right to <br /> 21 acquire property by eminent domain, and thus acquire title and possession of the property. He <br /> 22 added the landowner is entitled to receive just compensation for the property, which would be the <br /> 23 market value. <br /> 24 Mr. Soth stated, in addition, relocation benefits are not negotiated but will be determined <br /> 25 according to regulations and vary from case to case. He added this is ordinarily determined by <br /> 26 consultants, and the City has retained Evergreen Land Services for this purpose to act on behalf <br /> 27 of the City. <br /> 28 Mr. Soth stated the only requirement imposed on the City is that the land must be obtained for <br /> 29 public purpose. He added once that has been determined, the only question is the amount of the <br /> 30 award dependent upon the market value of the property. He noted the owner and City are <br /> 31 entitled to retain an appraiser, and disparity would be presented to Commissioners appointed by <br /> 32 the court to determine the amount of the award. <br /> • <br />