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Regular City Council Meeting — 02/23/04 DRAFT Minutes - Page 20 Nays: None. 10. Consider a Resolution Authorizing, if Necessary, the Condemnation of Land for the Arona Pond Walking Path Public Works Director Duane Schwartz reviewed the requested authorization for the City Attorney and staff to use eminent domain, if required, for acquisition of the public right-of-way needed to construct the walking paths around Arona Pond and along Terrace Drive as part of the Arona site redevelopment. Mr. Schwartz noted that appraisals had been completed, but that to-date, no agreement had been reached, and it was imperative that construction be initiated in mid-summer, thus necessitating moving forward with the negotiations and acquisition of the property. Mr. Schwartz advised that the property owners had been offered the appraised value of the properties, in addition to an additional $12,000 for additional screening material. Maschka moved, Klausing seconded, adopted Resolution No. 10206 entitled, "Resolution Approving the Condemnation of Easements for Walking Paths," if necessary. Councilmember Schroeder sought clarification as to the intent of the resolution and the authority being provided to staff. City Attorney Anderson advised that the resolution provided another option during negotiations, if no agreement could be reached with the two property owners, in order to facilitate the process. Further discussion ensued regarding the condemnation process through a mediator or third party, usually a condemnation commission to determine a fair price, with both parties given the right to appeal the commission's decision. It was noted that this pathway was for use as a right-of-way easement. Further discussion evolved around the intent of the resolution, with City Attorney Anderson clarifying the intent and language of the resolution. Resolution 10206 Authorizing, if Necessary, the Condemnation of Land for the Arona Pond Walking Path