11/27/2001 Minutes - Laserfiche WebLink

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Dubelko indicated that quick take is used on primarily roadway purposes and it enables the government body which is exercising eminent domain power to acquire title to the property before dealing with the issue of just compensation. It is a quick procedure in which the government acquires title, can use the land, and then has to deal with the just compensation issue after the fact. Typically, you have to go through a trial, determine compensation for the land, and then the title is cleared at the end of the process. Mr. Tallon invited RTA up to have their say on this before any more residents spoke. Meribeth Feke, Director of Planning and Programming for RTA, indicated that basically what they have done is began the negotiations with the landowners, the Church and with Great Northern Properties. They were not getting anywhere and they needed.to go into the taking process. Because they want to complete this Park-N-Ride next year, they need access to the roadway. They decided that the best way to do this was to publicly dedicate the roadway. They will eventually acquire all of the property from Crreat Northern Properties and the small section that is shaded from the Church. That would allow them to construct this Park-N-Ride next year. They have a lease expiring at the end of 2002 and they need to be in this facility by that point. Mr. Spalding questioned why they weren't taking the triangular piece to the north. Ms. Feke replied that they are acquiring that entire piece, however they aren't publicly dedicating that piece. It will not be part of the publicly dedicated roadway. Mr. Tallon commented that the part that is the publicly dedicated roadway would have to meet the standards of the City for public streets. He then recommended that Ms. Feke take a few ininutes to show the plan to the residents and explain to them what RTA is proposing here tonight. Chairman Tallon called the meeting back to order. He made it clear that all this board is discussing tonight is the lot dedication for the two parcels indicated on that map. They are not discussing any of the mounding, buildings, or traffic or anything like that. That will all come at a later date when they come in with their design and building proposals. He questioned if anyone in the audience had further comments or questions. Walter Sheffield came forward again. Mr. ShefF'ield noted publicly that the Church does not want to go to eminent domain. They have met with RTA numerous times and have tried to be very fair on this operation. The first time there was a hearing on this was back in August of 1999. He went to that meeting and asked RTA if they would need Church property to do what they were doing. They replied absolutely not, we will not touch your property. He told them that they couldn't get in there without it. They said you don't know what you're talking about. He said O.K. and just wanted to make the point that somewhere along the way someone didn't know what they were doing. They believe as a Church Board that RTA has fallen short in every instance, with meetings, in notices to them and everything that has been done. So, he just wanted to publicly say to this commission that they aren't here to stand in the way of what is going on, but they do believe that there is a fair way to reach an agreement with RTA or the City of North Olmsted. The rate it has been going to this point has fallen far short of an equal give and take on the part of RTA. Mr. Spalding questioned if the RTA would compensate the City of North Olmsted for whatever effort they undertake here. Ms. Feke indicated that they will have a legal agreement between the City and RTA specifying how much to put into escrow and they'll have that worked out. Also, any maintenance issues for the public roadway will be in addressed in that agreement. R. Tallon motioned to approve the dedication plats for two (2) various properties as listed below: This plat is for the right-of-way takes required by the City of North Olmsted for access to the GCRTA Park-N-Ride lot. We are requesting Planning Commission approval subject to the City either obtaining the property owners signature by negotiation or by court order. PP No. 236-11-017 25736 Butternut Ridge Rd North Olmsted Evangelical Church 3