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ORONO CITY COUNCIL MEETING <br />MONDAY, JUNE 9, 2003 <br />• 4. David Gardella Request for Assistance Regarding Mn/DOT Right -of -Way <br />Taking — Continued <br />May 2002: received second offer. <br />June 2002: received third offer, which was still well below the appraisal. <br />July 2002: at stalemate, Gardella prepared for court. Murphy and Jabbour suggested a <br />negotiating meeting with Mn/DOT. <br />August 2002: Negotiating meeting with Mn/DOT concluded with an agreement in <br />principle with sale documents signed for a settlement nearly $100,000 below the <br />appraisal. <br />September 2002: The state disbursed funds and allowed for 90 days of occupancy prior to <br />vacation or the commencement of a lease. <br />January 2003: Signed a 90 day lease with the option to renew month -to- month. <br />May 2003: Received a notice that they were to vacate the property one month later, on <br />June 30`" <br />• Despite considerable effort, the Gardella's have been unable to find suitable homes. They <br />were looking to relocate outside Minnesota and have made 6 trips to tour 40 -50 homes. <br />While they continue the process, they have requested they be allowed to remain in their <br />home through August or September 2003. Gardella stated that if he truly felt their <br />continuing to remain in their home were impeding progress, he would understand the <br />State taking such a hard -line position. The reasons they've been given for moving <br />immediately have been weak. After challenging each claim by Mn/DOT, they resorted to <br />bullying and stated, "We want you out because we have the right to throw you out." <br />Mn/DOT still reminds him that his property was not truly a total take, and yet they want <br />him out of the house immediately. <br />• <br />Gardella asked if it was reasonable for the State to evict residents who are paying <br />considerable rent, insuring and maintaining the property, and otherwise protecting the <br />assets of the taxpayers. He believed that Mn/DOT is manufacturing reasons to move them <br />off the property immediately. He did not try to negotiate a longer lease back in January <br />because he did not expect it to take so long to find a new house. He also underestimated <br />the State's militancy and overestimated its reasonability and concern for its residents. <br />Also, his neighbors were given 14 months, instead of 10, so he expected the same <br />treatment. <br />Sansevere asked who in Mn/DOT was making the situation difficult. Gardella stated he <br />has been told that there are a number of people who don't like him because he's difficult. <br />7 <br />