CC_Minutes_2010_0517 - Laserfiche WebLink

Home

Regular City Council Meeting Monday, May 17, 2010 Page 4 a. Approve Acquisition of Temporary Construction Easements on property lo- cated at 2814 Cleveland Avenue for Road and Construction Purposes (For- mer Consent Item 7.f) Summary information related to this item was provided as a bench handout at the request of Councilmember Ihlan. At the request of Mayor Klausing, City Manager Malinen briefly reviewed this item as detailed in the Request for Council Action (RCA) dated May 17, 2010. Councilmember Ihlan' s questions were related to whether the appraisal documen- tation had been made a part of the public record. City Manager Malinen advised that they were currently out for public display in the back of the room. Councilmember Ihlan sought an explanation from staff as to why the proposed fi- nal settlement cost on the use of the temporary construction easements was higher than the actual appraisal. Community Development Director Patrick Trudgeon advised that the difference in the amount of $1,892 was identified by the property owner as fair compensa- tion for use of their land, given potential additional costs; and was commiserate with Extra Lease's compensation at $13 plus per square foot; and was recom- mended by staff as a lesser cost than further legal fees for continued negotiation, or the cost of an appraisal ordered by the property owner at a potential cost of up to $5,000. Councilmember Ihlan questioned the status of the fence removal and replacement costs, and whether the final settlement should be depending upon proof that the money had actually been spent and the work completed. Mr. Trudgeon advised that the fence work had yet to be undertaken; however, he noted that, in Section 2 of the Settlement Agreement (Attachment C), this item was detailed and noted that if actual costs incurred for the fencing proved to be less that $11,995.00 based on the submission of invoices, the City's payment to the property owner (Dorso) would be adjusted to an amount equal to actual costs. Klausing moved, Johnson seconded, authorizing the City Manager to enter into a Settlement Agreement (Attachment C) and Easement (Attachment B) document with the property owner of 2814 Cleveland Avenue regarding the acquisition of temporary construction easements. Roll Call Ayes: Pust; Roe; Ihlan; Johnson; and Klausing. Nays: None.