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Regular City Council Meeting Monday, February 28, 2011 Page 15 d. Consider a Resolution Approving the Acquisition of a Permanent Pathway Easement and a Temporary Construction Easement Using Eminent Domain for a portion of property located at 1595 Highway 36, City of Roseville City Engineer Debra Bloom summarized the request as detailed in the RCA dated February 28, 2011; and apparent lack of cooperation by Macy's in proceeding with negotiations to facilitate construction as part of the federally-funded pathway project. Ms. Bloom advised that staff was requesting this Eminent Domain pro- ceeding to meet the federal funding and neighborhood commitment for this project and funding in place since 2008. Ms. Bloom reviewed the two (2) re- quested actions, and recommendations of the City Attorney, in accordance with State Statute, in adopting the resolution stating that acquisition of the property did not contradict the City's Comprehensive Plan, as an alternate approach to avoid additional delays in a Public Hearing process at the Planning Commission level, and subsequent recommendation back to the City Council. Ms. Bloom briefly reviewed the proposed pedestrian facility alongside Fairview Avenue, and the City's Pathway Master Plan that included this portion. Mayor Roe noted that this action would require a super majority vote. Discussion among Councilmembers and staff included the lack of expeditious re- sponse from attorneys representing Macy's; the location and configuration of the sidewalk and required additional space to make the connection to the existing pathway north of the intersection; appraisal process and the City's work with Evergreen Land Services for the City's appraisal; work on the project since June of 2010 with no resolution to-date; and potential incentive provided by this re- quested action. Johnson moved, Pust seconded, adoption of Resolution No. 10882 (Attachment C) entitled, "A Resolution Regarding the Determination of the Relationship of the Acquisition of Real Property to the Comprehensive Plan." Roll Call (Super-Majority Required) Ayes: Johnson; McGehee; Willmus; Pust; and Roe. Nays: None. Johnson moved, Pust seconded, adoption of Resolution No. 10883 (Attachment D) entitled, "A Resolution for the Acquisition of a Permanent Pathway Easement and a Temporary Construction Easement Using Eminent Domain for a Portion of Property located at 1595 Highway 36, City of Roseville;" Roll Call Ayes: Johnson; McGehee; Willmus; Pust; and Roe. Nays: None.