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Council Minutes of 7/5/2000 <br />ordinance on for passage this evening which is the first step in the process. This <br />,,~,; legislation asks the County Auditor to provide the millage so that we can pass the next <br />ordinance to put the issue on the ballot. If the issue fails, it really doesn't make a <br />difference--nothing will be done with the appraisals. Mrs. Heath asked if the city did not <br />need to be assured of acquisition of the properties before putting the issue on the ballot. <br />Law Director Gareau said no, because we always have the right of eminent domain. We <br />would negotiate in accordance with fair market value and presumably reach an agreement <br />with various property owners. He hasn't looked at this issue with respect to the homes, <br />but has thought about it more in terms of the commercial property because of the high <br />price tag of getting some commitment to reach an agreement as to value. We obviously <br />could do that too with the homeowners, but the lion's share of the cost is the commercial <br />property. Mrs. Heath asked if eminent domain applied to commercial properties and if it <br />could be used for a library building which is not a complete city project like a community <br />center. Law Director Gareau said eminent domain applies to all property. In his opinion, <br />if it is used for a municipal purpose, and the City Council authorizes the city to proceed <br />for a municipal purpose, the city can use the of powers of eminent domain. He does not <br />believe it has to be a combination other things. As far as he is concerned, if the voters of <br />this city determine that they want a library and it is in the best interest of the public <br />health, safety, welfare, and morals of the city to so construct a library, the city will <br />proceed to use whatever means and methods as necessary in order to do that. Mrs. Heath <br />asked how the progress is going in inquiring those commercial properties. Law Director <br />Gareau said it's not the question of the acquisition right now, it's the value. Again, the <br />city has had a number of discussions with the owners of the property where the James <br />Lumber business is located. We do not anticipate a problem with that; we anticipate that <br />there will be cooperation. However, it is all contingent on the issue passing at the <br />November election. If it does not pass, then it is all moot. <br />LEGISLATION <br />Resolution No. 2000-66 introduced by Mr. McKay was given its third reading. A <br />resolution authorizing the Director of Public Service to advertise for bids for <br />approximately 8,000 tons of salt, and authorizing the Mayor to contract for same. Mr. <br />McKay moved for adoption; second by Mr. Limpert; motion passed unanimously. <br />Resolution No. 2000-66 adopted. <br />Ordinance 2000-67 introduced by Mayor Musial was given its third reading. An <br />ordinance authorizing the Mayor of the City of North Olmsted to enter into an agreement <br />with Polytech, Inc. to provide engineering services for the design of roof improvements <br />for the canopy and lobby of the Recreation Center and declaring an emergency. Mr. <br />McKay moved for adoption; second by Mr. Nashar; motion passed unanimously. <br />Resolution No. 2000-67 adopted. <br /> <br />4 <br />