certain undeveloped property located in the 1300 block of North Power Road (APN: 218-04-013B) of approximately 8.38 acres.
The justification: the construction of the Northeast Public Safety Facility
The city's real estate acquisition staff and the un-identified property owner have not yet reached an agreement for the purchase price of this parcel after almost more than a year.
Property values have sky-rocketed in that area.
The city is seeking an
Immediate Order of Possession
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Apparently to take possession now, the city wants approval to seek an Order of Immediate Possession (OIP) in order to avoid construction delays, with the authorization and direction to staff, that fee title, or other interests in and possession of this property be acquired by the City of Mesa through eminent domain, as a matter of public necessity.
It may proceed while the negotiations regarding compensation continue a parallel course.
> The City is required by law to pay what is called “just compensation” for the land needed for this project.
“Just compensation” includes the value of the land and any improvements being taken and damages equal to any diminishment in value of the remaining property resulting from the acquisition.
"Staff seeks Council approval to start the court proceedings on this parcel where the City and Property owner have not yet reached an agreement.
Staff will continue to work with the property owner and attempt to reach an agreement on a compensation amount for this property. Filing the court action is necessary because it will allow the City to seek the Order of Immediate Possession (OIP), so that the Project may proceed while the negotiations regarding compensation continue a parallel course."
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Alternative The project cannot begin as scheduled if the use of eminent domain is not authorized when necessary to obtain immediate possession
CASE OF EMINENT DOMAIN --- This has gone on since December 2018 and before
*Item 5-c
File #19-1029
| On agenda: | 9/23/2019 |
| Title: | Staff is requesting approval to continue negotiations to acquire certain undeveloped property located in the 1300 block of North Power Road (APN: 218-04-013B) of approximately 8.38 acres for the construction of the Northeast Public Safety Facility, and in order to avoid construction delays, authorization and direction to staff, that fee title, or other interests in and possession of this property be acquired by the City of Mesa through eminent domain, as a matter of public necessity. (District 5) |
| Attachments: | 1. Council Report, 2. Vicinity Map, 3. Location Map, 4. Resolution |
HERE'S THE COUNCIL REPORT
City Council Report
Date: September 23, 2019
To: City Council
Through: Kari Kent, Assistant City Manager
From:
Beth Huning, City Engineer Rob Kidder, Assistant City Engineer Subject: Authority to acquire property located at 1300 block of North Power Road Council District #5
Purpose and Recommendation
The purpose of this report is to consider a staff recommendation to authorize staff to acquire a parcel of land necessary for the Northeast Public Safety Facility, located in the 1300 block of North Power Road.
Staff is requesting authorization to acquire a certain parcel through eminent domain if necessary.
Staff intends to continue to negotiate with the property owner with the intent of reaching a settlement. Our goal is to acquire the parcels through negotiations with the property owner. . ."
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Public Safety
Blogger Note: PUBLIC SAFETY was the issue used in 'the biggest sales-pitch' for the public relations campaign made to Mesa taxpayers in last year's General Election campaign to approve a 'Grab Bag-of-Goodies' for everybody.
It essentially guaranteed delivering the votes across-the-board from the loyal Police & Fire/Medical unions who earn city-paid salaries and get generous pension and retirement benefit for years on the job.
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Fire & Medical - $41.8 M
(1) Apparatus Replacement
Replace fire apparatus that have or will have exceeded their useful life based on the Fire & Medical Department's replacement plan (pumper, ladder, aircraft rescue fire-fighting (ARFF), air/light, tanker, rescue units).
Project Timeline: TBD
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(2) Northeast Fire Station 222
Construct new Fire Station 222 in the northeast section of Mesa. Funding for land acquisition at a new site has been included in the scope for this project. With population growth there is a need for a fire station to respond to the increased call volumes. This station has the opportunity to combine with the Northeast Police Substation.
Project Timeline: TBD
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(3) Southeast Fire Station 221
Construct new Fire Station 221 in or near the Eastmark community.
Funding for land acquisition at a new site has been included in the scope for this project. With population growth there is a need for a fire station to respond to the increased call volumes.
Project Timeline: TBD
Police - $35.0 M
Northeast Police Substation
Construct a new police substation in the northeast section of Mesa.
Funding for land acquisition at a new site has been included in the scope for this project. With population growth there is a need for a police substation to respond to the increased call volumes. This station has the opportunity to combine with the Northeast Fire Station 222.
Project Timeline: TBD
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Police Evidence Facility
NO IMAGE LOCATION PROVIDED
Construct a new Police evidence facility.
This facility, capable of housing the longer term and general evidence storage needs of the Police Department, would be equipped with secure climate controlled and cooler storage.
Project Timeline: TBD
Communications - $ 8.0 M
Public Safety Fiber
Improve the infrastructure that provides voice and data services to fire stations and other City Public Safety facilities over the City’s point-to-point wireless network.
The installation of this fiber-optic cable would
- supplement the point-to-point wireless network to improve reliability and increase bandwidth for applications such as Fire Station Alerting, telephones, video conferences, City business applications (such as timekeeping), and
- the TOPAZ voice radio network.
This is the second phase to complete the three rings design to better serve the City’s needs.
Project Timeline: TBD
