HomeMy WebLinkAbout5J Rothmeyer Acquisition Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 24, 2017
AGENDA #: 5J
PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
LARRY POPPLER, CITY ENGINEER
PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
LARRY POPPLER, CITY ENGINEER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE
ACQUISITION OF EASEMENTS FOR THE TH13/150TH STREET
PROJECT, CITY PROJECT NO.: SP 7001-104.
DISCUSSION: Introduction
The purpose of this agenda item is to authorize the City of Prior Lake to
acquire easements for the TH13/150th Street Project, City Project No.: SP
7001-104 (“Project”).
History
The TH13/150th Street Project is substantially complete. Throughout the
project a number of changes were made to the easements needed over
the Rothmeyer property. First, It was determined that SEH failed to identify
a necessary drainage easement over the property for emergency flood
drainage. Second, a storm water pipe that was supposed to be installed in
the right-of-way was installed on the Rothmeyer property. Third, the
Rothmeyers filled in the slope abutting Estate Avenue eliminating the need
for a slope easement. Several of these issues have been discussed with
the Council previously in work session but a determination was made to
delay any action until the project was complete.
Current Circumstances
The City Attorney and City Engineer have been in contact with the
Rothmeyers and their attorney and have discussed amending the
condemnation proceeding to account for these easement changes. An
updated appraisal has been ordered and is almost complete to value the
new easements. In addition, some of these changes may require
additional follow up whether that is discussion with consultants/contractors
relating to the cause of the changes or arguments made during the
negotiation with the Rothmeyers.
The City Attorney and City Engineer will return to the Council relating to
any necessary follow up as well as with any possible settlements with the
Rothmeyers. If settlement is not reached, a commissioners’ hearing will be
scheduled.
Conclusion
2
The City Attorney and City Engineer request authority to take all steps
necessary to acquire the easement by negotiation or condemnation by
filing an action in eminent domain and the use of the quick take procedure
authorized under Minnesota Statutes Section 117.042.
ISSUES: None.
FINANCIAL
IMPACT:
The City has retained an independent appraiser to determine the fair
market value of the easements to be acquired.
ALTERNATIVES: 1. Motion and a second to adopt the Resolution as part of the consent
agenda.
2. Motion and a second to remove this item from the consent agenda
for additional discussion.t
RECOMMENDED
MOTION:
Alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION NO. 17-___
A RESOLUTION AUTHORIZING THE ACQUISITION OF EASEMENTS FOR THE TH13/150th
STREET PROJECT, CITY PROJECT NO. SP 7001-104.
Motion By: Second By:
WHEREAS, the City of Prior Lake (“City”) is authorized by Minn. Stat. 412.211 to acquire real
property through negotiation or eminent domain which is needed for public
purposes; and
WHEREAS, as part of the TH13/150th Street Project the City needs to obtain a temporary
construction easement and permanent drainage easement over a portion of Parcel
ID No. 259300250; and
WHEREAS, the City has retained an independent appraiser to determine the fair market value
of the easements to be acquired; and
WHEREAS, the City Engineer and the City Attorney recommend that the City authorize the
acquisition of the easements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Attorney and City Engineer are authorized and directed to take all steps
necessary to acquire the easements by negotiation or condemnation by filing an
action in eminent domain and the use of the quick take procedure authorized under
Minnesota Statutes Section 117.042. The City Attorney and City Engineer are
hereby authorized to make offers to purchase the easements, contingent upon
subsequent approval of such offers by the City Council.
PASSED AND ADOPTED THIS 24th DAY OF JULY 2017.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Frank Boyles, City Manager