06-09-2003 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, JUNE 9, 2003 PUBLIC COMMENTS — CONTINUED • 4. David Gardella Request for Assistance Regarding Mn/DOT Right -of -Way Taking The Gardella's owned 1230 and 1260 Orono Oaks Drive. Mn/DOT acquired the properties for the Highway 12 Project. Although the Gardella's sold their properties to Mn/DOT, they are leasing back the property with their residence on it, while searching for a new home, on a month -to -month basis. David Gardella of 1230 Orono Oaks Drive stated that he and his wife had lived in that house for twenty years. Now they are leasing the property from Mn/DOT and recently received notice that they must vacate the property by June 30, 2003. They would like to remain in the home for another 60 -90 days. He requested the Council's support in finding a workable solution with Mn/DOT. Gardella stated they had made every effort to resolve the matter without involving the City or the courts. Out of respect for the Council's time, Gardella stated he would condense 25 months of interaction with Mn/DOT down to the necessary elements. May 2001: spoke with Mn/DOT official, and were told that in spite of the confiscation of about 60% of their property, and the Burlington Northern tracks coming within 50 -75' of their house with a 20 -25' wall touching one corner of their home, Mn/DOT considered the • confiscation a partial take. July 2001: sent a letter to Mn/DOT officials stating his concern and disappointment regarding the decision. August 2001: Orono City Administrator Moorse sent a letter to Mn/DOT asking their property be declared a total take. They had no contact from Mn/DOT from August 2001 until March 2002, when the same person who spoke to them in May 2001 came out to speak with them. He reiterated it was a partial take. He spoke to Murphy and Jabbour who then spoke to Mn/DOT officials and were successful in convincing them it was a total take. April 2002: The Gardella's participated in several meetings with Mn/DOT regarding the take of the property. April 2002: Receive the first written offer from Mn/DOT. It was 22% below a conservative appraisal. He had been advised to find an appraiser who would stand up at a commissioner's meeting or in court and defend the appraisal. The appraiser informed him that he could have received a much higher appraisal of the property, but that his figure would stand up in court. •