06-09-2003 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, JUNE 9, 2003 4. David Gardella Request for Assistance Regarding Mn/DOT Right -of -Way • Taking — Continued Sansevere asked who made the threat to throw him out. Gardella stated it was anecdotal. He typically communicates with one reasonable individual who told him they would be served with a notice of unlawful detainer. His lawyer told him they could delay the matter into July by going to court, win or lose. Sansevere asked if 60 -90 days would be enough time for them to find a new property. Gardella stated that they have lowered their standards and it would simply have to be enough time. Sansevere asked if Mn/DOT claims to have a compelling reason to need them out. Gardella stated that he was told it would not be safe for them with contractors having access to the property. He reminded them that it was meant to be a partial take and completely safe for them to remain in the house. He was then told that they had to remove the septic system. Gardella spoke to the contractor Mn/DOT sent to the property, and was told moving the septic to a new site was no problem: the water would be off for a maximum of five hours. Mn/DOT then said they were going to close the property and sell the house without a septic system. He stated they would destroy the value of the house that way and it would never sell without septic. They then told him that they need to have • the house by June 301h or federal funds for the project would be frozen. When Gardella questioned that, they told him to get out. Gardella stated that he had helped other residents who were going through the same thing, so he was sure his name had been thrown around, giving him a reputation as a trouble maker. Murphy stated that Senator Gen Olson was kind enough to attend the meeting to hear Gardella's complaint. He stated that the Mn/DOT Right -of -Way organization had chosen not to call the takes total takes, but access takings, which makes considerable difference in how people are treated. He asked Gardella if he went from January, when he signed the lease, to May 29th without contact with Mn/DOT when he was told to vacate. Gardella stated that during the time, he had contact with one person, the real estate /relocation person. They spoke frequently to touch base. Mn/DOT asked for two movers quotes, he spoke with three. There was never any urgency expressed or specific date discussed with regard to when they had to vacate. The individual called him and told him he had heard they were sending him a letter of vacation and offered to intercede on his behalf because they had no compelling reason he knew of to take the property. He later called to say he'd been given a dress -down and was accused of being on the wrong side of the issue. He was also told to make notes of all conversations he had with Gardella. • 10