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Regular City Council Meeting Monday, May 11, 2009 Page 3 8. Consider Items Removed from Consent a. Approve Twin Lakes Right-of-Way Stipulation Agreements (former Consent Item 7.d) At the request of Mayor Klausing, City Manager Bill Malinen briefly reviewed this item, as detailed in the Request for Council Action dated May 11, 2009. Councilmember Ihlan noted that, later on tonight's agenda, a report would be pro- vided on maintenance code violations in the Twin Lakes area, with this property being the subject of some of those potential code enforcement actions. Ms. Ihlan questioned the actual ownership of the properties and noted the number of unre- solved code issues. Councilmember Ihlan questioned why a stipulation agree- ment would be brought forward to acquire the property when those outstanding code issues may impact the. value of the property. Councilmember Ihlan further requested that staff provide a detailed itemization of the costs representing the $2,082,700 the City will be depositing with the courts. Community Development Director Patrick Trudgeon noted that the stipulation agreement was for the City's advantage in obtaining the property sooner, rather than later; and further advised that the appraisal cost for the property, a portion of the Indianhead parcel, and another parcel at the intersection of Cleveland and Twin Lakes Parkway, were the only properties being purchased to allow posses- sion of the land for right-of--way for the proposed Twin Lakes Parkway and to fa- cilitate construction schedules for pending development. Discussion included land and building values; scheduling of the right-of--way ac- quisition and Eminent Domain proceedings for appraisal of the properties, with the property owners signing the stipulation agreement as indicated; and appraisal amounts taking the building condition into consideration. Councilmember Pust arrived at this time, approximately 6:18 p.m. Councilmember Roe clarified that the deposit was made to the Ramsey County Courts as a bond for the Eminent Domain proceedings; and that the ultimate amount would be paid through that court process; with the stipulation agreement a normal part of the process between the property owner giving up possession of the property rather than waiting for final resolution. Roe moved, Johnson seconded, approval of the City of Roseville entering into a stipulation agreement with Roseville Acquisitions regarding purchase of property for the Twin Lakes Phase I Infrastructure Project. Councilmember Ihlan spoke in opposition to the motion; opining that the code en- forcement issue and the purchase of the property needed to be linked; and that no action should be taken until the code violations had been addressed.