Posted: 6/6/07
Much ado over a sliver of land
 Stacy Councilor Mel Aslakson loaded his "No Trespassing" sign into his vehicle and brought it to the special council meeting incase there was a need to reference his methodology for stopping traffic on a section of Sherman Oaks Rd. |
By Anne Thom
A small section of Sherman Oaks Rd. has taken up a large amount of time for the Stacy City Council. Councilor Mel Aslakson vacated his seat at the table at a special meeting held May 29 as the council settled in to try to resolve an escalating problem.
At the May 8 Council Meeting, City Clerk Sharon Payne reported that she had received complaints at City Hall regarding Councilor Mel Aslakson attempting to block traffic on a section of Sherman Oaks Road near the BP service station. This section of road is privately owned and has been designated as an extension of Sherman Oaks Rd. for several years. Payne had to explain the road is in fact privately owned to several complaining citizens. The council approved the special meeting to try to deal with the issue.
It is no simple matter. The section of road is owned by AMW Corporation, in which Aslakson is a partner. The utilities and drainage easement along the stretch are owned by the city. The council was at a loss to explain why the section was never conveyed to the city when the utilities were put in and at the time the BP, then an Amoco station, was built. The permit to build the Amoco had been issued in 1994 and soon after the county had hauled in concrete barricades.
According to information brought forward this evening, the city claims they have made attempts to buy the road and AMW will not give a price. Aslakson confirmed though that he has offered to rent the road to the owners of the BP and the owner has declined. The importance of the sliver of land is that it not only represents access to property that could be developed along the north side of the city's designated business district, but that it will become the new right turn lane onto an expanded freeway access ramp when the County 19 bridge is replaced.
The road was closed for quite some time because the county-placed concrete barricades were just removed last fall.
City Engineer Chuck Schwartz told the council an offer was made to the property owner to the north owned by the Dufeck family trust about five years ago. The plan then was to put a road through the old fire hall property. Daher said he has had several discussions with AMW Incorporated president Aslakson, about selling the land and said he has never been able to get a price. Aslakson said, "It's not our obligation to make an offer to the city."
Councilor Barbara Avalos was concerned with the status of the land-locked BP station. When the county had placed the barriers on the road preventing access, business had reportedly dropped by 40-50 percent. "Will AMW work with us," she asked saying, "we need that business in this town."
Councilor Tony Olivolo asked when they built the BP why didn't they plan ahead because now the city is trying to resolve their problem. Avalos said she is worried word will get out that the city had "abandoned a business."
Councilor Robert "Bud" Wilson asked Daher if it was fair to ask AMW president what they want and Daher said yes it is, so Wilson turned to Aslakson in the audience who responded, "AMW wants to make it a parking lot."
Aslakson said he had offered to lease the road to the BP owners and they declined. Aslakson further said he had given it considerable thought and because the road abuts a county road, he felt any offer needed to come from the county. Daher said negotiations have been ongoing for a year. "We've been seriously trying to figure out what AMW wants to do with the property." He said, "Now we find out they want to lease it?"
Local Mn/DOT Official Nick Thompson was at the meeting as Daher said that eventually access to Stacy Trail "is going to go (away)." Aslakson said again, "that makes it a county problem." Replacing the Stacy Tr. (CR 19) bridge has been on the city's wish list since before the CR 17 bridge went in. The city wants a wider bridge in order to facilitate growth on the east side in the present business district and on the west side where farmland sits that Stacy officials are interested in for development
Thompson affirmed however that replacing the bridge is not even in Mn/DOT's 20-year plan, however, he said, "It could be negotiated by the county." He said Mn/DOT also had no plans to put an interchange at CR17 and that happened rather quickly. Daher wants the bridge replaced within the next 5-7 years, and told Thompson it is a safety issue as it has a high crest that makes it difficult to see traffic on the approach. Thompson countered that the bridge is structurally sound and Mn/DOT would not consider tearing down a bridge that was solid.
It was suggested AMW Incorporated is holding the BP hostage. Jerry Dufeck asked to speak then. He had been seated in the audience listening. Dufeck represents the Dufeck family trust. "I think they're being held hostage. It affects our property as much as it does the BP." Aslakson turned to Dufeck and told him he had tried to buy the Dupek property in 1999 from Dupek's father, "and I was held hostage." The senior Dufeck had wanted approximately $200,000 for the 2.5-3-acre parcel according to Aslakson. Dufeck said that since his father is now deceased, he has no way to verify that.
Olivolo then asked "What do they (AMW) want for this piece of property?" and Daher responded "I don't know, ask him," directing that at Aslakson who didn't answer.
Olivolo and Avalos said they were having a hard time figuring out the layout and a recess was called then as Schwartz took the two new councilors on a brief field trip to look at the road. They returned 15 minutes later and the meeting resumed. Olivolo was shaking his head. "I looked at the situation, man it's crazy. It's just a small piece of land." Now he looked at Aslakson too and said, "Have you thought about selling?"
Daher said, "We have made a verbal offer before and basically the answer was there wasn't enough 0s."
Aslakson turned to his wife then and said, "I'd have to talk to the boss. She says she doesn't want to sell it."
Aslakson continued on a different note then explaining, "I can't really think about selling when there's a law suit."
Daher told Aslakson it was his understanding the lawsuit over the closing of the road and the installation of the barricades doesn't involve his property. "This is the first I have heard in a lot of discussions that there is a lawsuit."
Aslakson had been present for those discussions according to Daher. Aslakson told Daher, "I can listen." Aslakson again insisted he can't advertise the property as "for sale" because of a pending lawsuit over the barricades and the access at the county level.
City Attorney Peter Grundhoefer advised the council they could speak to an appraiser and try to establish fair market value and at least start the process of purchasing the land. According to the counsel of both the city attorney and the engineer the choices are get an appraiser and start looking into the process, make an offer or do nothing. The council has decided to go forward and speak to an appraiser. Olivolo said he would like to make an offer and still couldn't believe the huge issue a small piece of land has become.
Comment from Ken McDonnell, 6/22/07
Once again we see where people would prefer to be unreasonable, petty and vindictive. There is no reason this should have become such a big issue. Why the owner is unwilling to talk about a price, why the council gave a permit to landlocked property and why no one will simple step up to the plate and deal with the issue. It looks like someone wants more than the land is worth, while others want to give less than it is worth. Why not just get together privately and work out a price to get things done?
Comment from Sakara Athura, 6/22/07
This is just ridiculous. Anybody ever heard of emminent domain?
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