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HomeMy WebLinkAbout11.01.2004• COUNCIL WORK SESSION November 1, 2004 4:45 p.m. Council Chambers Members present: Mayor Hurley, Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson, Welper. Moved by Welper, seconded by Kincaid that the Agenda, as proposed, be approved. Ayes: Three. Motion carried. The request to vacate, sell and convey the alley located in the 200 block of Euclid Avenue between Summit Avenue and Lulu Street was reviewed. At the May 4, 2004 Planning and Zoning Commission meeting a request from Diane and Brian Williams was reviewed for the vacation, sale and conveyance of the alley in the 200 block of Euclid Avenue between Summit Avenue and Lulu Street containing 8,006.4 sq. ft. The commission recommended that the alley be vacated and conveyed as it would not appear to serve a present or future right-of-way need. The commission approved the request subject to all property owners agreeing to purchase the portion of alley adjacent to their property. The area to be vacated has 13 different adjoining property owners, 6 of which have indicated intent to buy their portion, 3 of which have indicated they do not intend to buy their portion and 4 who have not responded. The portion to be vacated, at 8,006.4 sq. ft, has an assessed value of $11,128.90 (based on a price per sq. ft. of $1.39). Utilities are located on the property so the city would need to retain an easement. Based on the new Sale of Property Policy the retention of the easement would allow the property to be sold for one-half the asking price, which would be $5,564.45. The applicants have not yet indicated an offer price for the property. Based on the fact that not all the property owners have agreed to purchase the portion of alley adjacent to their property and that the request may not meet the Sale of Property Policy, the request has not been forwarded to the council. The work session was scheduled at the request of Councilperson Clark. Council members discussed how to help the Williams purchase their portion when not all adjoining property owners have agreed to purchase their portion. If only one property owner purchases their portion, the property could become landlocked. Councilperson Clark stated he would like to find a way to resolve this problem for the Williams. The Williams own two adjacent lots and the paper alley separates them. They would like to purchase their portion, but the adjoining property owners will not agree. Councilperson Clark suggested when selling paper alleys that perhaps the council could stray slightly from the city's policy and sell for less than the policy requires. Councilperson Cole stated she would like to see the city err on the side of common sense. This property is no good to anyone and worthless to the city. Councilperson Welper stated that the issue is not the sale of land, but that the other adjacent property owners do not wish to purchase their portion. The question is how do we sell one portion and not the others. Councilperson Clark stated he would like to split the property down the middle and give each adjacent property owner their half. Councilperson Gunderson stated that the decision made by the council on this request will affect other requests that come before the council. Councilperson Gunderson noted that the Williams share of $900.00 is not a lot of money. It was suggested if the city vacates the alley, it would no longer be right-of-way and the neighbors would not be required to maintain it by city code. An opinion will be sought from the city attorney on the distinction between paper alley and other property. Council Work Session November 1, 2004 Page 2 Councilperson Greenwood stated if we can get consensus among the neighbors as to how to dispose of the alley, then the city should get rid of it. Councilperson Greenwood stated he does not favor the policy. This alley has no value and is unbuildable. It was suggested that the city could reduce the sale price to $0.10 per sq. ft. Other discussion was that the city should recover staff costs. With no further business before the council, it was moved by Clark, seconded by Welper that the meeting be adjourned at 5:13 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk