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Regular City Council Meeting Monday, October 19, 2009 Page 16 e. Adopt a Resolution Adopting the 2030 Comprehensive Plan and Tier II Comprehensive Sewer Plan As previously noted, this item was deferred to a future meeting when a full com- plement of Councilmembers was available. f. Consider Acquisition of Portions of Property at 2785 Fairview Avenue for Road and Infrastructure Purposes Community Development Director Patrick Trudgeon reviewed the proposed Pur- chase Agreement for 2785 Fairview Avenue as detailed in the Request for Coun- cil Action dated October 19, 2009. Mr. Trudgeon provided a map of the parcel, known as the "Hagen Property," at Fairview Avenue and County Road C; discussed the history of the parcel; and fu- ture need of acquisition of the property by the City for additional infrastructure work. Mr. Trudgeon reviewed discussion over the last year related to this parcel, ordering of an appraisal by the City; and negotiations and discussions coming to this point and requested action before the City Council. Mr. Trudgeon reviewed the area of the parcel included in the Purchase Agree- ment; right-of--way purchase and triangle remnant piece; temporary easement area; and remediation costs escrowed in the amount of $60,000; applicable waiv- ers; relocation costs for current tenants, but not subsequent tenants; timing of clo- sure; and disclosure of hazardous or contaminated areas based on previous studies to-date. Mr. Trudgeon noted that the outbuilding serving as a truck repair facility would continue in operation and for truck storage until June 1, 2011, unless the City determined that it needed earlier access, at which time the lease would be prorated as applicable. Mr. Trudgeon advised that Hagen Ventures will continue to operate and be responsible for all utilities and taxes and will be required to hold general liability insurance for use of property. Staff recommended entering into the Purchase Agreement to secure this important link for further development of the Twin Lakes Parkway at this time and based on this mutually-agreeable transaction. Mayor Klausing noted those tenants eligible for relocation and those not and spe- cific language (bullet point #5) "WILL NOT" likely be eligible for relocation, and questioned rationale for that language. City Attorney Squires advised that the language had been chosen and the Pur- chase Agreement structured to best protect the City, given that there would not be a determination of who would be eligible until their actual displacement should the City need use of the property earlier than anticipated; and allowing for how a relocation consultant would make their conclusions based on specific language.