Council hears objections as it considers resolution of necessity for River Road/North Ripon Road signal project

The City Council held a public hearing on Feb. 11 to consider adopting a resolution of necessity to acquire a parcel needed for the River Road/North Ripon Road signalization improvement project.

Staff said the project would replace the current four-way stop with a traffic signal to improve operations, safety and coordination with an existing signal on River Road. City staff reported acquisition of right-of-way on three of the four corners and said the remaining southeast parcel requires about 21,258 square feet for the project. Under state law, staff said, a resolution of necessity would be the predicate step allowing the city to pursue eminent domain if negotiations fail.

Dustin Dyer, who said he represented property owner Dave Hagerty, told the council his client supports the project but objects to the city’s offer. Dyer said the city’s written offer — $187,000 for what he described as a taking that includes a 1,200-square-foot house and surrounding acreage — omitted costs such as septic and well remediation and did not include relocation compensation. He said his client is obtaining a separate appraisal and urged exhaustion of negotiations before initiating litigation.

Staff and legal clarifications: city staff said the government-code-required offer was delivered on Jan. 9, 2024, and confirmed that adopting a resolution of necessity would not preclude continued negotiation. The city’s special counsel said approval of the resolution simply preserves the legal ability to pursue eminent domain if necessary and does not mandate litigation.

Council action: a council member moved to adopt the resolution and a second was recorded. The meeting transcript records the motion and second but does not include a roll-call or the result of a final vote in the public record excerpt.