HomeMy WebLinkAbout9A - Kop Property Road Access to Lakefront Park
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
February 16, 1999 Q
9A . ~'\\ O-{
Frank Boyles, City Manageli X ~. _
CONSIDER APPROVAL OF ES UTION 99-~MENDING
RESOLUTION 98-99 AUTHO NG CONDEMNATION OF PROPERTY
BY REDUCING THE AMOUNT OF PROPERTY ACQUIRED FROM 15.18
ACRES (ENTIRE PARCEL) TO 2.21 ACRES FOR ROAD ACCESS
PURPOSES ONLY.
History
On August 17, 1998, the City Council adopted a resolution authorizing the
condemnation of the entire 15.18 acre Kop farm so that it could be
incorporated into the new Lakefront Park. Since this resolution was adopted
no action has been taken to perfect the resolution's intent.
Instead, the City has sought to reach a negotiated purchase of the property.
The City previously offered the Kops $550,000 and a life estate for John
and Meda Kop. This proposal amounts to $36,232 per acre. We believe this
to be a very fair proposal since it exceeded the Kop appraised value of
$30,000 per acre for residential property. The Kops rejected this offer. They
believe that the parcel is worth considerably more assuming a significant
portion of the property is developed commercially.
After becoming aware that the Kops had rejected the City's whole parcel
purchase offer the Staff was directed to assess how much land would be
needed to provide a park access through the west side of the parcel.
Attached to this report, in question/answer format, is information about this
"access only" proposal and how it benefits our taxpayers, the Kops and
park users. Also attached are graphics showing the park concept and
access road together with a letter I provided to all members of the Kop
family and their attorney on January 29, 1999. Included with that letter was
a graphic showing the entire access road and the portion of the Kop
property we require.
Brauer and Associates, the architect for Lakefront Park has identified a
minimal amount of land required for the access road in a location on the
Kop property which would have the least impact upon John and Meda Kop.
The result is the requirement of 2.21 acres. Of this, 1.156 acres is actual
land and 1.054 acres is pond water.
The City asked an appraiser to establish a value for the land and water
including severance damages, if any. The appraiser found that a fair value
would be $80,000.
1B200l61~W~OO.l5_:Jia,.dOOOr Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Current Circumstances
On February 8, 1999, City representatives met with John and Meda Kop,
their children Jack and Jessie, and their attorney Allen Barnard. Mr.
Barnard initially indicated that the family was not interested in selling the
2.21 acres for access but wanted to sell the entire parcel. He indicated that
the price is $550,000 plus $80,000 in attorney's fees for a total of $630,000.
He added that the cost for the 2.21 acre access would be $200,000 plus
attorney's fees. He later called to confirm that attorney's fees would be
$50,000, bringing their total price to $250,000 for 2.21 acres.
At the meeting, we advised the Kops that this item would be tentatively on
the February 16, 1999 Council agenda and that we would confirm in writing
once we knew for sure. They asked that we advise their attorney if the item
is to be on the agenda. Attached is a letter from Tom Scott which was faxed
to the Kop's attorney on Wednesday, February 10, 1999.
Conclusion
The City Council has previously indicated that funding constraints and
market considerations render any purchase amount over $550,000 for the
entire property imprudent. It does not appear likely that the Kops will agree
to this amount. We are $170,000 apart for the "access-only" purchase of
2.21 acres (1.054 acres of which is water). In light of these circumstances,
the Staff requires action by the City Council.
ISSUES:
In my opinion, there are many good reasons for the City to proceed to
acquire the 2.21 acres for road access purposes. I have outlined those
reasons in the question/answer attachment to this report. Time. is becoming
a key consideration. Brauer believes that there is a positive bidding climate
now for the City to solicit bids.
With respect to park construction, leaving the access "as is" using
Ridgemont and Rutledge is not acceptable given the amount of traffic
already on these neighborhood streets. Using the existing trail on
Ridgemont as the access road alignment is not a desirable solution either
given the grade of Ridgemont at this location, the proximity to the
TH13/CSAH44 intersection and the visibility of such a roadway from what is
likely to be residential property on the Kop farm.
To provide continued impetus to negotiations for the road access and to
clarify that the City no longer can afford to discuss acquisition of the entire
property, Resolution 98-99 which originally authorized condemnation of the
entire 15.18 acres should be modified to provide for quick-take
condemnation of 2.21 acres for road access purposes only.
ALTERNATIVES:
(1) Adopt Resolution 99-XX amending Resolution 98-99 authorizing
condemnation of property by reducing the amount of property acquired from
15.18 acres (entire parcel) to 2.21 acres for road access purposes only.
(2) Defer action for a specific reason.
i:\council\agdarpts\99\0216 _9a.doc
RECOMMENDED
MOTION:
Alternative (1). Motion and second to adopt Resolution 99-XX Amending
Resolution 98-99 authorizing condemnation of property by reducing the
amount of property to be acquired from 15.18 acres (entire parcel) to 2.21
acres for road access purposes only.
i:\council\agdarpts\99\0216 _9a.doc
RESOLUTION 99-XX
A Resolution Amending Resolution 98-99 Authorizing
Condemnation of Property By Reducing The Amount
Of Property Acquired From 15.18 Acres (Entire Parcel) to
2.21 Acres For Road Access Purposes Only.
Motion By:
Second By:
WHEREAS,
on August 17, 1998, the City Council of Prior Lake passed and adopted Resolution 98-
99 authorizing the City Attorney to commence eminent domain proceedings pursuant to
Minnesota Statutes Chapter 117 to acquire property described therein for public park
land; and
WHEREAS,
the City Council of the City of Prior Lake does hereby determine that it is no longer
necessary to acquire the entire property described in Resolution 98-99 for public park
land; and
WHEREAS,
the City Council of the City of Prior Lake does hereby determine that it is necessary and
for public purpose to acquire the property described on the attached Exhibit "A" for
roadway purposes.
Now THEREFORE, be it resolved by the City Council of the City of Prior Lake, Minnesota that:
(1) The City Attorney is authorized to commence eminent domain proceedings pursuant to
Minnesota Statutes Chapter 117 to acquire the property described on the attached Exhibit "A".
(2) The Mayor and the City Manager are authorized to execute all documents necessary, in the
opinion of the City Attorney, to effect the acquisition of the necessary property interests.
PASSED and ADOPTED this
day of February, 1999.
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
YES
NO
{Seal}
City Manager, City of Prior Lake
i :\council\general\reskopac.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
EXHIBIT A
Parcel A
That part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 115, Range 22,
Scott County, Minnesota described as commencing at the Southeast comer of said Section 35; thence
on an assumed bearing of North 89 degrees 49 minutes 38 seconds West, along the Southerly line of
said Section 35 a distance of 994.19 feet to the point of beginning of the parcel to be described; thence
continuing North 89 degrees 49 minutes 38 seconds West a distance of 454.81 feet; thence North 00
degrees 22 minutes 02 seconds East, parallel with the Easterly line of said Section 35, a distance of
230.04 feet; thence southeasterly a distance of 107.78 feet along a non-tangential curve concave to the
northeast having a radius of 163.00 feet a central angle of 37 degrees 53 minutes 12 seconds and the
chord of said curve bears South 55 degrees SO minutes 28 seconds East; thence South 74 degrees 47
minutes 34 seconds East, tangent to the last described curve, 44.68 feet; thence southeasterly along a
tangential curve concave to the southwest having a radius of 1070.18 feet and a central angle of 14
degrees 00 minutes 24 seconds; thence South 60 degrees 47 minutes 10 seconds East, tangent to the last
described curve, 33.65 feet; thence southeasterly a distance of 69.15 feet along a tangential curve
concave to the southwest having a radius of 165.50 feet and a central angle of 23 degrees 56 minutes
17 seconds to the point of beginning.
Parcel B
That part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 114, Range 22,
Scott County, Minnesota described as commencing at the Northeast corner of Block 9. in the original
plat of Prior Lake; thence South 74 degrees 41 minutes 00 seconds East, along the North line of said
original plat of Prior Lake a distance of 69.7 feet to the center line of Old Trunk Highway No. 13;
thence Northeasterly along said centerline to a point said point being North 48 degrees 48 minutes 00
seconds East and a distance of 515.7 feet to the previously described point; thence North 59 degrees
37 minutes 48 seconds West a distance of 236.09 feet to the point of beginning of the parcel to be
described; thence continuing North 59 degrees 37 minutes 48 seconds West a distance of 119.74 feet;
thence West to the West line of said Northeast Quarter of the Northeast Quarter; thence North 00
degrees 33 minutes 39 seconds East, along said West line, 111.88 feet to the North line of said Section
2; thence South 89 degrees 49 minutes 38 seconds East, along the North line of said Section 2, a
distance of 315.94 feet; thence southerly a distance of 128.09 feet along a non-tangential curve concave
to the West having a radius of 165.50 feet a central angle of 44 degrees 20 minutes 39 seconds and the
chord of said curve bears South 14 degrees 40 minutes 34 seconds East; thence South 7 degrees 29
minutes 46 seconds West, tangent to the last described curve, a distance of 30.82 feet; thence southerly
a distance of 20.12 feet along a tangential curve concave to the East having a radius of 150.50 feet and
a central angle of 7 degrees 39 minutes 33 seconds to the point of beginning.
65070
02/10/99 WED 14:08 FAX 612 452 5550
,.
CAMPBELL
141002
CAMPBELL KNUTSON
ProfcssiOl1.<1I. Association
Artl)rJlt~YS .1t Law
ThOlllas J. Camphell
RoJter N. Knutson
Thomas M. Sctltt
Elli\l[l B. KlIt:tsdl
SlIt:s:m I.(~n P;I(.~~
(651) 452,5000
F,lX (651) 452-55.50
February 10. 1999
VIA FACSIMILE TRANSMISSION
Jocl r Jllmnik
AnJre:i Mc:I )~lwdl P~lc:hl~r
Mallhew 1<. I1m!':I'"
J(,hl\ F, Kdly
M:mh(~w J. Fl.lli
Marr,:lIt~ritc M. M~Camm
... l'I~J li\.~lt'iI'II in \Vi,\loull!l1l1
Mr. Allan D. Barnard
Best & Flanagan
400 U.S. Bank Place
601 Second Avenue South
Minneapolis, Minnesota 55402
Re: Kop Farm
Dear Allan:
This letter will serve as a followup to our meeting with you and your clients this
Monday, February 8.
As we discussed, this matter will be on the agenda at the Council's February 16
meeting. Specifically, the staff will be requesting the Council to authorize condemnation. of
just the park access road area, approve plans and specifications and authorize advertisement
for bids. The amended resolution would also include quick take authority.
The City needs to proceed in this fashion in order to assure possession of the road
area by the end of May so that the project can proceed in a cost effective and orderly
manner.
We obviously would like to reach an agreement with you and your clients as to the
purchase price of the approximately 1.1 acre area (excluding pond) needed for the road right
of way. However, based upon the available appraisal information, your demand of
$250,000.00 really leaves us nothing to [alk about at this time.
If you have any questions or comments, please call me. As you requested, City staff
will not be communicating directly with your clients about the February 16 Council meeting.
Weare relying on you to let them know that we have continned tllat we will be going ahead
on the 16th. A copy of the staff report would be available on Friday. You should call Kelly
at City Hall if you would like a copy faxed to you.
Best regards,
TMS:cjh
cc: Mr. Frank Boyles
Suite 317 . Eng.1tlClale Offk~ Center · 1380 Corporate Center CUl've · Eag,ul, MN 55121
-,
,.
,
January 29, 1999
Mr. and Mrs. John and Meda Kop
1600 Main Avenue S.E.
Prior Lake, MN 55372
Re: Lakefront Park Land Acquisition and Improvements
Dear Mr. and Mrs. Kop:
It is amazing to me how something that started out with such good intentions ended up in such
adversity. Wasn't it in the 1980's that the City first started exploring ideas about how the City
could meet its need for additional park land, and how you could retain possession of your
home? And in 1996, the City conducted several public information meetings (at least one of
which you attended) which contemplated incorporating your property into the Lakefront Park
development.
Sometime between then and now, our commur:tications broke down and I will take
responsibility on behalf of the City for this lapse. It certainly was not our intention. In hindsight,
I think passage of the park and library referendum created its own momentum that obscured
the City's good faith.
As you know, when the financial projections for the referendum were developed, they provided
for and included an estimated amount for the acquisition of your property. The public
information materials used in connection with the park and library referendum discus~ed
acquisition of your farm.
The original appraisal data that the City used to develop the referendum budget proved to be
inconsistent with later appraisals. While the City has a responsibility when it comes to the
expenditure of public funds, especially ones where Prior Lake citizens voted a special tax on
themselves, I fully realize that the value of your farm to you and your family cannot totally be
reduced to dollars and cents.
I very much regret that communications between us have been limited to conversations
through our respective attorneys. I've tried putting myself in your shoes and imaging how I
would feel confronted with the issue of condemnation.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
John and Meda Kop
January 29, 1999
PaQe 2 of 2
-,
0.,
I'm not sure it is entirely possible to put the past behind us, but I would like to at lea~t try to
resurrect the good faith discussions we have had in the past. For the City's part, I have
directed staff to go back to the drawing board and bring me a solution that minimizes the
disruption to your lives, offers to purchase a ~mall portion of your property for a fair amount
(based on what we now know of. its value), and meets the minimum needs of the City to gain
access to Lakefront Park. .
Let me explain the plan City staff has developed. The City would acquire 1.15 acres of land
running along the westerly boundary of your property and immediately adjacent to the pond,
together with 1 acre of the pond. A schematic drawing is attached that generally depicts the
location of the access from Main Street through your property and int6 Lakefront Park. This
configuration minimizes the impact upon your property while you continue to live there as well
as in the future if you choose to sell it for development purposes. In short, we are abiding by
your request that we will not be acquiring your entire farm.
I would like have an opportunity to further review the plan with you and to discuss what I hope
you will consider is a fair offer. The Council has authorized the actions I am proposing.
The issue of acquiring this small portion of your property is on the City Council agenda for its
February 16,1999 meeting. If we could meet within the next several days, perhaps we will be
able to reach an agreement that my staff and oui' respective attorney's have been unable to
conclude. Since I know you value your children's .advice, I have mailed them a copy of this
letter together with the attachment. Please feel free to include them in our meeting. I will call
you within the next several days, and when you are able, I look forward to seeing both of you.
Sincerely,
cc: Paul Hokeness, Park & Rec. Director
Ms. Jessie Kop-Juola, 11688 Thornhill Rd, Eden Prairie
Mr. JackKop, 14455 Guthrie Way, Apple Valley
Tom Scott, counsel
Suesan Lea Pace, City Atty.
Allen Barnard, counsel
1:\FRANK\LETTERS\99\KOP .DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714/ Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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RESOLUTION 98-99
CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
RESOLUTION AUTHORIZING CONDEMNATION OF PROPERTY
FOR PARK PURPOSES.
MOTION BY:
KEDROWSKI
SECOND BY: PETERSEN
WHEREAS, on April 11, 1996 the City Council of Prior Lake approved the
Lakefront Park Master Plan which included the land legally
described in Exhibit A referred to herein as the Kop property;
and
WHEREAS, on January 21, 1997 voters in the City of Prior Lake passed a
$7.8 million dollar bond referendum for library and park
purposes which included funds for the acquisition of the Kop
Farm; and
WHEREAS, the City Council of the City of Prior Lake does hereby
determine that it is necessary and for a public purpose to
acquire the property described on the attached Exhibj,t A for
public park land; and
WHEREAS, the City has been unable to acquire the property through
negotiation with the landowner; and
NOW THEREFORE, be it resolved by the City Council of the City of Prior
Lake, Minnesota:
1. That the City Attorney is authorized to commence eminent domain
proceedings pursuant to Minnesota Statute Chapter 117 to acquire the
property described on the attached Exhibit ",A:'.
2. That the Mayor and the City Manager are authorized to execute all
documents necessary, in the opinion of the City Attorney, to effect the
acquisition of the necessary property interests.
16200 EMf9!J:D0O\ve. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 TFax (612) 447-4245
_________ .__ AN EQ!JAI,.QPl'QRTUNIIY EMPLOYER. ___
Passed and adopted this 17 day of August, 1998.
Mader X
Kedrowski X
Petersen X
Schenck X
Wuellner X
{Seal}
9899.DOC
YES
NO
..."
EXHIBIT A
OF RESOLUTION 9899
That part of the Southeast Quarter of the Southeast Quarter of Section 35,
Township 115, Range 22.~ Scott County, Minnesota described as:
Beginning at the Southeast corner of said Section 35; thence Westerly along
the Southerly line of said Section 35, a distance of 1449.00 feet; thence
Northerly and parallel with the Easterly line of said Section 35 a distance of
462.00 feet; thence Easterly and parallel with the southerly line of said
Section 35 a distance of 1449.00 feet to the Easterly line of said Section 35;
thence Southerly along said Easterly line a distance of 462.00 feet to the
point of beginning. Which lies northwesterly of State Trunk Highway No. 13,
as monumented.
And
That part of the Northeast Quarter of the Northeast Quarter of Section 2,
Township 114, Range 22, Scott County, Minnesota which lies westerly of
State Trunk Highway No. 13, as monumented, and which lies westerly of the
centerline of Old Trunk Highway 13 and lying northerly of the following
described parcel:
All that part of the Northeast Quarter of the Northeast Qtiartel'of Section 2,
Township 114, Range 22, Scott County, Minnesota as described as follows:
Beginning at the Northeast corner of Block 9, in the original plat of Prior
Lake; thence South 74 degrees 41 minutes 00 seconds East, along the North
line of said original plat of Prior Lake a distance of 69.7 feet to the center line
of Old Trunk Highway No. 13; thence Northeasterly along said center line to
a point said being North 48 degrees 48 minutes 00 seconds East and distance
515.7 feet from the previous described point; thence No.rth 59 degrees 57
minutes 48 seconds West a distance of 355.83 feet; thence West to the West
line of said Northeast Quarter of the Northeast Quarter; thence South along
said West line to the North line of said Block 9; thence South 74 degrees 41
minutes 00 seconds East along said North line to the point of beginning.
9899.DOC
Questions Concerning Proposed Lakefront Park Access Road Acquisition
1.16 Acres of Kop Property (not including 1.05 acres of pond)
What is the access road
proposal the City has
developed?
How does the City access
road proposal affect the
Kops?
1
I :\FRANK\NOTES\KOPQUEST .DOC
Questions Concerning Proposed Lakefront Park Access Road Acquisition
1.16 Acres of Kop Property (not including 1.05 acres of pond)
...<
~.<llf the City can't buy the
>1 access road property and
.. must condemn the roadway,
.. what happens?
2
I :\FRANK\NOTES\KOPQUEST .DOC
--.-- -
Questions Concerning Proposed Lakefront Park Access Road Acquisition
1.16 Acres of Kop Property (not including 1.05 acres of pond)
Why is the new access so
much better than the existing
access?
Aren't there other access
road options that could be
explored at less expense and
without requiring Kop
property?
(1 )
3
I:\FRANK\NOTES\KOPQUEST.DOC
Questions Concerning Proposed Lakefront Park Access Road Acquisition
1.16 Acres of Kop Property (not including 1.05 acres of pond)
(2)
... :...
........i.....
......................., (3) 11J~.'t~"~j;;;rhe}i>'~bl~~~r''lJ~11~!i1~!!!~~i>>~;~~~9!'j;
.. Gambrldge.Clrcte;>..<........ .....<..:. ... ....< . .....<.....
y.1 . . ./ ..).......m..........r........y.........y............ ................>.............>..................(u.........................n.......>..........................<........./?...<....................... ..
>/........
The orig i nal plan cal led for .. .. ...: . ... ....:. ...:... . . ... .... ......... ....:..... .:.:............. .......................................... :.;........::..............:.................................. ...:..........:.....:..
. . .<<< .<. ....... . . .:... .......\..}<} .. >
purchase of the entire parcel .
Why did n 't the City stick with
its ori gi nal plan ?
... The<Gi.tY?ffer~d$95Q,OQO Plu~lhelifetirl)e.~~tate.or~i~t)ffel' ..
..... .
: wasrejemtj9PytqeKQPs, ..... ... ..... . ...... ..:>? .... ...... ........ <: ..<n
."E)(...: ..>> .... .. .? .<. .... .... .....
~ii~l~llli~i;:~i~~~fiil_ll~lillli
~~i~ah9~~$PD'~p'~Dfn9W$:lhEl~9B>p~AR~~~9~~P~~~~fY~gi.
fcmwhatever purpose the Kops choose.. ..........<<.......... ....>.(
............................>.....<........................................................................................j"J.....jL........'....?........<...:i}<........................../.......................
<)..... Any additionaldoll~rsusedJoflandacqUisitidntedUcespal"k.
I
4
I:\FRANK\NOTES\KOPQUEST.DOC