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City Council Meeting Minutes July 27, 1999 i Page 5 l area. He presented a depiction of the area with ponding locations on the land to be developed as 2 a result of this resolution. He added the construction of a piping system to take the storm water 3 to another location is not cost effective solution for this area, and would be technically difficult. 4 Mr. Willenbring stated the engineers had identified low property which was already routinely 5 impacted by floodwaters and would allow for the construction of a pond. He added that if land is 6 already low, ponds can be constructed in a very cost effective way. 7 Mr. Willenbring stated that an overflow route for flooding-would be most efficient.through the 8 area in the alley beyond 2709 Pahl Avenue, which is why that specific lot was selected. 9 Mr. Willenbring stated the lots in question can potentially provide storage so that damage to 10 adjacent structures would be minimized if not eliminated. He added the engineers reviewed lots 11 which were most suitable for ponding locations from an engineering prospective, and would 12 displace the least number of residents as well as impact the least amount of property. 13 Mr. Willenbring stated the engineers, in this attempt to provide the City's residents with 100 year 14 flood protection, believe without question that utilization of these properties will achieve this goal in the most cost effective way. 16 Ranallo invited City Attorney William Soth to address the Council. Mr. Soth stated it is 17 preferable to acquire homes by purchase and through negotiations with owners. He added in 18 these 3 cases being considered by the Council, the City and property owners have been unable to 19 come to terms on the purchasing of these properties. 20 Mr. Soth stated that State law provides a governmental authority such as a City the right to 21 acquire property by eminent domain, and thus acquire title and possession of the property. He 22 added the landowner is entitled to receive just compensation for the property, which would be the 23 market value. 24 Mr. Soth stated, in addition, relocation benefits are not negotiated but will be determined 25 according to regulations and vary from case to case. He added this is ordinarily determined by 26 consultants, and the City has retained Evergreen Land Services for this purpose to act on behalf 27 of the City. 28 Mr. Soth stated the only requirement imposed on the City is that the land must be obtained for 29 public purpose. He added once that has been determined,the only question is the amount of the 30 award dependent upon the market value of the property. He noted the owner and City are 31 entitled to retain an appraiser, and disparity would be presented to Commissioners appointed by 32 the court to determine the amount of the award.