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. . .- . . . . . . I. I . . . . . . .e I ARDEN HILLS CITY COUNCIL - JUNE 24. 1996 11 Mr. Filla reviewed the alignment of the existing Oak Avenue right-of-way and noted the "knob" which juts to the east and the roadway section which falls outside of the City's right-of-way. He then reviewed the location of right-of-way which needs to be acquired from Ashbach and Shepley (approximately 15 feet). Mr. Filla reported that after the Council approved the reconstruction of Oak A venue, the engineers met with neighbors to work out adjustments, prepared changes to the easements, and attempted to negotiate acquisition of right-of-way but that effort was not successful. He reported that the attorney representing Mr. Shepley contacted him and it now appears the alignment can be shifted slightly so only nine feet of right-of-way needs to be acquired rather than 15 feet, which will save landscaping and existing trees. Mr. Filla suggested the roadway follow the old right-of-way in that area to save the existing trees. Also, the property owner asked the City to stake the proposed and existing alignments. This was done on Friday morning, the property owner looked at the stakes on Friday and concluded the roadway is four to six feet closer on the east side and four feet closer on the north side than he expected. Mr. Filla explained it is not known whether the property owner is reading the stakes correctly, and he is currently out of town and unable to attend the meeting tonight. Since the Council does not meet again until July 8th, Mr. Filla recommended they consider authorizing condemnation proceedings to commence just in case it is needed. Mr. Filla eXplained the change being requested by the property owner and advised that the City Administrator and City Engineer will meet with the property owner on the site to see what can be worked out. Mr. Filla advised staff does not anticipate problems with the Ashbach property_ It was noted the City has been using that area of the Shepley property for many years without a dedicated right-ot:way_ Mayor Probst stated his interest to minimize the impact and that it appears the only area of concern is the triangular piece. He stated support to leave the property line and trees undisturbed, if possible. Mr. Filla reviewed the stated objections of the property owner regarding contact with his trees and noted the room for movement with the alignment of the roadway. He advised it is the City's intention to accommodate the property owner's desire to leave the trees undisturbed. Mayor Probst clarified the proposed resolution will authorize condemnation proceedings to commence but it is the City's intent to negotiate a settlement without the use of condemnation, if possible. Councilmember Hicks inquired regarding a possible grandfather clause which would provide the City with the right to continue use of this alignment without acquiring an easement. Mr. Filla explained the City may be able to continue using that area as they have for the past 30 years, but the City still needs to document the right-of-way_ Secondly, since that area has been City maintained for all those years and used prior to Shepley's ownership, the City may not have to compensate the property owner. Mr. Filla noted there is also a need for a snow storage area.