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Council moves toward condemnation for Depot Street drainage work but tables resolution pending site visit
Summary
Council described an ARPA‑funded project to replace two 30‑inch pipes with a 12×3‑foot box culvert on Depot Street and authorized beginning condemnation procedures for a 0.04‑acre easement if necessary; council tabled the resolution and scheduled a site visit/special meeting to attempt further voluntary agreement with the property owner.
City staff and legal counsel told the council that a recurring flooding problem on Depot Street requires replacing two 30‑inch pipes with a single 12‑foot‑by‑3‑foot box culvert. The work is budgeted with ARPA funds and will require a permanent easement of roughly 0.04 acre crossing property currently associated with Homestead Savings and Mortgage and adjacent Bryant Bank land. Staff said the permanent easement is required for federally funded and permanent storm‑drain infrastructure; efforts to secure a voluntary permanent easement stalled after the owner submitted a counteroffer the city considered excessive.
Attorney Brian Gilbert (first referenced SEG 1107) outlined the condemnation process: the city must make a voluntary offer, wait the statutory period (roughly 30–45 days), and if needed file a probate action where commissioners determine fair market value; the process can be quick but may be delayed by appeals to circuit court. Because staff has a contractor ready and ARPA timing is sensitive, the mayor urged timeliness but the council voted to table resolution 052501 and schedule a special meeting and site visit so members can observe the project area before authorizing condemnation steps. The council will revisit the resolution after the walk‑through and special meeting.
