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City Council Regular Meeting Minutes • February 13, 2001 Page 4 1 can continue during the condemnation process to which he is agreeable. Storm continued that 2 three property owners are represented by the same attorney and are in their own appraisal 3 process, and one property owner has submitted all the information to an attorney and Storm is 4 waiting for a response. In reply to an inquiry by Horst, Storm explained that the appraisal process 5 can be lengthy, but that the condemnation process can proceed simultaneously. 6 City Attorney Gilligan reviewed the process and timeline for the quick-take condemnation 7 action. Gilligan explained that the petitioner must notify the owner of the intent to take 8 possession by certified mail at least 90 days prior to the date on which possession is to be taken. 9 He added that a response to the petition by property owners is due within 20 days of service. A 10 hearing is then set to appoint commissioners and rule on the Petitioner's request for a quick-take. I l If the request for a quick-take is approved, the court will order the petitioner to deposit 12 petitioner's approved appraisal amount with the administrator of the court, and upon deposit, and 13 after the 90-day notice period, the property shall belong to the petitioner. 14 Cavanaugh offered the audience an opportunity to address the City Council to which there was 15 no response. 07 Motion by Hodson to adopt Resolution 01-037, re: Acquiring Harding Street Ponding easements 18 Cavanaugh asked for any discussion to which Gilligan stated that regarding the six parcels for 19 which no easement has been obtained, the negotiation process will continue along with the 20 condemnation process. Gilligan urged any attorneys involved to proceed as timely as possible. 21 Sparks expressed her concern that she would like to see a more detailed maintenance agreement 22 prior to her vote, as she is not in agreement with this proposal. 23 Cavanaugh noted that he appreciates Sparks' position and directed the staff to give the 24 aforementioned document their priority. 25 Voting on the motion: Cavanaugh, Thuesen, Horst and Hodson voted aye. 26 Sparks voted nay. 27 Motion carried. 28 IX. PUBLIC HEARINGS. 29 Mayor Cavanaugh noted that in early January all the residents impacted by the road improvement 30 have been sent assessment notices. 31 0 Mayor Cavanaugh opened the public hearing at 7:40 p.m.