HomeMy WebLinkAbout10-10-91 CMW MINUTES OF MAPLEWOOD CITY COUNCIL
COUNCIL/MANAGER MEETING
October 10, 1991 - 4:30 P.M.
Maplewood Room, Municipal Building
p. CALL TO bRDER
Acting Mayor Zappa convened the meeting at 5:35 p.m.
B. ROLL CALL
Gary W. Bastian, Mayor Absent
Joseph A. Zappa, Acting Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
C. ATTORNEY/CLIENT SESSION
a. Acting Mayor Zappa recessed the meeting to reconvene in closed attorney/client
session to discuss pending litigation.
b. Acting Mayor Zappa reconvened the Council/Manager Meeting at 5:58 p.m.
c. Councilmember Carlson introduced the following Resolution and moved its adoption:
91 - 10 - 127
AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the City of Maplewood physically created a public storm water drainage
facility known as Markham Pond which became functional in July, 1973.
WHEREAS, Markham Pond was constructed for the benefit of those properties
subsequently improved as the Maplewood Mall including other properties owned by
Richard J. Schreier.
WHEREAS, the continued existence of Markham Pond is necessary for the public
purpose of storm water drainage and storage.
WHEREAS, the creation of Markham Pond resulted in a physical encroachment of
public waters upon private property.
WHEREAS, said physical encroachment has continuously existed from 1973 through
the current time.
WHEREAS, one of the private owners, Richard J. Schreier, brought an action in
Ramsey County District Court against the City of Maplewood relative to the
aforementioned physical encroachment.
WHEREAS, the Ramsey County District Court has issued a Writ of Mandamus
instructing the City of Maplewood to commence condemnation proceedings relative to
that physical "taking" of Mr. Schreier's property which occurred in 1973.
NOW, THEREFORE, BE IT RESOLVED, that the Council instructs and authorizes the
City Attorney to commence proceedings in eminent domain in compliance with that Writ
of Mandamus issued by the Ramsey County District Court. Said condemnation
proceedings are intended to determine the award of just compensation owed to Richard
J. Schreier and Patricia A. Schreier for that taking of their interest in real
property in 1973.
Seconded by Acting Mayor Zappa. Ayes - 3
Nays - 0
N. ADJOURNMENT
6:14 p.m.
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City of Maplewood, Minnesota