HomeMy WebLinkAboutAugust 13, 2009 Emergency MeetingCITY OF COLUMBIA HEIGHTS Mr~or
Gary L. Peterson
590 40'~ Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers
Vuitourwebsiteat: www.ci.columbia-heiehts.mn.us Robert .9. 66'illiams
Bruce Nmnrocki
Tananzera Diehm
Bruce Ke!_enberg
City Manager
41'alter R. Fehst
The following is the agenda for an emergency meeting of the City Council to be held at 5:00 p.m. on
Thursday, August 13, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, MN.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities.
Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance.
Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. MEETING AGENDA ITEM
Adopt Resolution No. 2009-122, being a Resolution authorizing and directing the condemnation of
certain property for public purposes, City Project 0906
Motion: Move to waive the reading of Resolution No. 2009-122, there being ample copies available
to the public.
Motion: Move to adopt Resolution No. 2009-122, being a Resolution authorizing and directing the
condemnation of certain property for public purposes, City Project 0906, under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act and the current State-Aid Manual.
4. ADJOURNMENT
Walter R. Fehst, City Manager
WF/pvm
REVISED
CITY OF COLUMBIA HEIGHTS
590 40`h Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692
Visit onr website at: xnvw.ci.coltt~rebia-heiphts.nm.us
Manor
Cary L. Peterson
Councilnaembens
Robert .A. Willranvs
Bruce Nai~~irocki
Tammera Diehin
Bruce Kelzenberg
City Mannper
Walter R. Fehst
The following is the agenda for an emergency meeting of the City Council to be held at 5:00 p.m. on
Thursday, August 13, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, MN.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities.
Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance.
Please call the City Clerk at 763-706-361.1, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. MEETING AGENDA ITEM
Adopt Resolution No. 2009-122, being a Resolution authorizing and directing the condemnation of
certain property for public purposes, City Project 0906
Motion: Move to waive the reading of Resolution No. 2009-122, there being ample copies available
to the public.
Motion: Move to adopt Resolution No. 2009-122, being a Resolution authorizing and directing the
condemnation of certain property for public purposes, City Project 0906.
4. ADJOURNMENT
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Walter R. Fehst, ` . ity Manager
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CITY COUNCIL LETTER
Meeting of: 8/13/09
AGENDA SECTION: SPECIAL
NO:
TTEM: RESOLUTION AUTHORIZING AND
DIItECTING THE CONDEMNATION OF CERTAIN
PROPERTY FOR PUBLIC PURPOSES, CITY
PROJECT 0906
ORIGINATING DEPARTMENT: I CITY MANAGER
PUBLIC WORKS
BY: K. Hansen BY:
DATE: 8/12/09 DATE:
Background:
The City of Columbia Heights has received funding for the Pedestrian totaling $3,000,000 through Federal
Funds. The source of the funds is $475,000 of Federal Earmarks for all. project related costs, and $2,520,000
through the Federal Stimulus or ARRA Funds for construction costs only. Concept layouts have detailed that
Right-of--Way (ROW) will be required on the east side of the bridge. Staff has obtained MnDOT concurrence
on the preliminary bridge layout that eliminates permanent ROW needs on the west side of the bridge in
Hilltop. Temporary easements to facilitate construction will be needed on both sides of the bridge.
Timing is critical far the type of funding directed toward the bridge. The State ARRA Funding Program
requires project delivery by November 13`" of this year. With the Federal process, a minimum of l20 days to
acquire is estimated, which represents an accelerated process. The ROW acquisition process follows Federal
and State requirements, with work completed through the appraisal and review appraisal process. The next
step will be written offers based on the attached sheet.
Analysis/Conclusions:
Offers for necessary ROW acquisition have been made to the Saver's parcel. In most Federal or State funded
projects, MnDOT requires a 30-day period elapse prior to any condemnation activity beginning. The City s
acquisition consultant informed staff that due to the ARRA timeline, MnDOT recognizes time is of the
essence and will not hold ARRA projects to this requirement. Therefore, staff is requesting that the City
Council authorize condemnation to be initiated. Evergreen has been in contact and will continue to negotiate
with Savers during this time. Due to the delivery date on November 13`", it is vital that condemnation
proceedings be initiated immediately with funding through our Municipal State-Aid program, to meet the
ARRA submittal requirements.
ROW BACKGROUND: Evergreen's appraisal (and review appraisal) for this acquisition is $147,000. This
approach is placed in the land area adjacent to 49t" Avenue and further away (in relative ternls) from Central
Avenue. The approaches on the two sides of the bridge would be dissimilar -although it is not uncommon.
The pedestrian bridge crossing TH 252 near 85'" Avenue in Brooklyn Park has these approach types.
Comments received to date opinion that this approach has a slightly higher aesthetic value as compared to the
switchback type approach. Pedestrians and bicyclist may find this approach easier to access due to a uniform
grade. This approach also has a higher impact to the existing Saver's parcel, as the parking lot in the ROW
area would need to be reconfigured.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of; 8/13/09
AGENDA SECTION: SPECL~I.
NO:
ITEM: RESOLUTION AUTHORIZING A.ND
DIItECTING THE CONDEMNATION OF CERTAIN
PROPERTY FOR PUBLIC PURPOSES, CITY
PROJECT 0906
ORIGINATING DEPARTMENT: (CITY MANAGER
PUBLIC WORKS
BY: K. Hansen BY:
DATE: 8/12/09 DATE:
Funding for ROW acquisition would be provided through our Municipal State-Aid fund -staff estimates
MSA would contribute approximately 15% of the total project cost.
Recommended Motion: Move to waive the reading of Resolution 2009-122, as there are ample copies
available to the public.
Recommended Motion: Move to adopt Resolution 2009-122 authorizing and directing the condemnation of
certain property for public purposes, city project 0906, under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act and the current State-Aid Manual.
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Attachment(s): Resolution 20Q9-122
Easement description and drawing
COUNCIL ACTION:
CITY COUNCIL
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 2009-122
RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF
CERTAIN PROPERTY FOR PUBLIC PURPOSES, CITY PROJECT 0906,
WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and
existing under the laws of the State of Minnesota; and
WHEREAS, the City Council is the official governing body of the City; and
WHEREAS, the real estate described in Exhibit A attached hereto and incorporated
herein (collectively, "Subject Property") is located within the City; and
WHEREAS, the City Council finds that it is necessary. Convenient, desirable, for a
public purpose, in the best interest of the City and will promote the general health, welfare and
safety of the community for the City to acquire easements encumbering the Subject Property as
described in Exhibit A for pedestrian bridge purposes; and
WHEREAS, the City Council finds that the funding and construction schedule for the
construction of pedestrian bridge improvements over Central Avenue NE (TH 65) at 49`x' Avenue
within and upon the Subject Property makes it necessary to acquire title to and possession of the
proposed easements encumbering the Subject Property prior to the filing of the final report of the
condemnation commissioners to be appointed by the district court.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia
Heights, Minnesota that:
1. It is necessary that a permanent easement for pedestrian bridge purposes
and.. a temporary construction easement encumbering the Subject Property be acquired by
the City as described in Exhibit A attached hereto through the exercise of the power of
eminent domain if consultant for the City in this matter is unable to obtain such
easements through voluntary negotiations.
2. The Land Acquisition Firin of Evergreen Land Services Company is
hereby authorized and directed to take all steps necessary to acquire said easements on
behalf of the City, including, if necessary, by use of eminent domain proceedings,
pursuant to Minn. Stat. § 117.042, prior to issuance of an award of damages by Court
Appointed Commissioners.
3. The City Manager is authorized to determine the amount of just
compensation for the taking of said easements encumbering the Subject Property for the
purpose of presenting an offer to the owner of the Subject Property pursuant to Minn.
Stat. ~ 117.036 and for the purpose of deposit with the District Court Administrator as the
City's approved appraisal of value pursuant to Minn. Stat. § 117.042.
Offered By:
Seconded By:
Roll Call:
Adopted by the City Council of the City of Columbia Heights, Minnesota this day of August
2009.
BY
Mayor Gary L. Peterson
ATTEST:
Patricia Muscovitz, CMC
City Clerk
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EXHIBIT 'A'
CITY OF COLUMBIA HEIGHTS
Permanent Drainage & Utility Easement
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Northwest corner of
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~` of Sec. 25, Twp. 30, M
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A permanent easement for drainage and utility purposes
over, under, and across that part of the Southwest
Quarter of Section 25, Township 30 North, Range 24
West, Anoka County, Minnesota, described as follows:
Commencing at the northwest corner of said Section 25;
thence south along the west line of said Southwest
Quarter of Section 25 a distance of 143.16 feet; thence
easterly deflecting to the left 90 degrees 00 minutes 21
seconds, a distance of 50.00 feet to the east right of
way line of Highway 65 and the point of beginning;
thence continuing easterly along last described line,
25.24 feet; thence easterly, northeasterly, northerly,
northwesterly, and westerly 124.09 feet along a
tangential curve concave to the west having a radius of
39.50 feet and central angle of 180 degrees 00 minutes
00 seconds; thence westerly tangent to last described
curve, 25.23 feet to said east right of way line; thence
southerly along said east right of way line to the point of
beginning.
i ?RO 0,,~ Said permanent drainage and utility easement contains
(4,445 square feet.
~, Temporary Construction Easement
~'~ ~ ~ A temporary easement for construction purposes over, under, and across that
~- f ~~~o ~, part of the Southwest quarter of Section 25, Township 30 North, Range 24
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o, coq, West, Anoka County, Minnesota, described as follows:
~ ~ Q-'' o Commencing at the northwest corner of said Section 25; thence south along the
p ~ west line of said Southwest Quarter of Section 25 a distance of 163.16 feet;
J.G. COLUMBIA HEIGHTS, LLC thence easterly deflecting to the left 90 degrees 00 minutes 21 seconds, 50.00
PID: 25-30-24-32-0168 feet to the east right of way line of Highway 65 and the point of beginning;
thence continuing easterly along last described line 25.24 feet; thence easterly,
~ northeasterly, and northerly 93.78 feet along a tangential curve concave to the
northwest having a radius of 59.50 feet and central angle of 90 degrees 18
minutes 22 seconds; thence northerly tangent to last described curve 4.40 feet;
thence easterly deflecting to the right 90 degrees 18 minutes 22 seconds, a
distance of 38.71 feet; thence easterly, northeasterly, and northerly 28.18 feet
N along a tangential curve concave to the northwest having a radius of 20.61 feet
and central angle of 78 degrees 20 minutes 57 seconds; thence northerly along
a line not tangent to last described curve, said line parallel with said west line of
the Southwest Quarter, 41.77 feet to the south right of way line of 49th Avenue
N.E.; thence westerly along said south right of way line, 143.94 feet to said east
right of way line of Highway 65; thence southerly along said east right of way
O 50 .~ oo line to the point of beginning. EXCEPT that part of the Southwest Quarter
described as follows:
Commencing at the northwest corner of said Section 25; thence south along the
Horizontal Scale In Feet west line of said Southwest Quarter of Section 25 a distance of 143.16 feet;
LEGEND:
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thence easterly deflecting to the left 90 degrees 00 minutes 21 seconds, a
distance of 50.00 feet to the east right of way line of Highway 65 and the point
of beginning; thence continuing easterly along last described line, 25.24 feet;
thence easterly, northeasterly, northerly, northwesterly, and westerly 124.09
feet along a tangential curve concave to the west having a radius of 39.50 feet
Permanent Drainage & Utility Easement and central angle of 180 degrees 00 minutes 00 seconds; thence westerly
tangent to last described curve, 25.23 feet to said east right of way line; thence
Temporary Construction Easement southerly along said east right of way line to the point of beginning.
Said temporary construction easement contains (13,775 square feet.
FILE NAME 33209132V602.dwg PRO). NO. 33209132 DRAWN DJR SURVEY
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION St Paul ~Ce
AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR
UNDER THE LAWS OF THE STATE OF MINNESOTA, 2335 West Highway 36
PRINT NAME: DANIEL 7, ROEBER St Paul, MN 55113
/ ~ _r_„ ~ - Phone: 651-636-4600
/`fir/ Bonestroo Fax:651-636-1311
SIGNATURE: W W W. bOnE'SI:!'OO.C01Ti
DATE )ULY 10, 2009 LIC. NO. 43133
33209132V602
July 10, 2009
Permanent Drainage & Utility Easement
A permanent easement for drainage and utility purposes over, under, and across
that part of the Southwest Quarter of Section 25, Township 30 North, Range 24
West, Anoka County, Minnesota, described as follows:
Commencing at the northwest corner of said Section 25; thence south along the
west line of said Southwest Quarter of Section 25 a distance of 143.16 feet; thence
easterly deflecting to the left 90 degrees 00 minutes 21 seconds, a distance of 50.00
feet to the east right of way line of Highway 65 and the point of beginning; thence
continuing easterly along last described line, 25.24 feet; thence easterly,
northeasterly, northerly, northwesterly, and westerly 124.09 feet along a tangential
curve concave to the west having a radius of 39.50 feet and central angle of 180
degrees 00 minutes 00 seconds; thence westerly tangent to last described curve,
25.23 feet to said east right of way line; thence southerly along said east right of
way line to the point of beginning.
Said permanent drainage and utility easement contains (4,445 square feet.
Temporary Construction Easement
A temporary easement for construction purposes over, under, and across that part of
the Southwest Quarter of Section 25, Township 30 North, Range 24 West, Anoka
County, Minnesota, described as follows:
Commencing at the northwest corner of said Section 25; thence south along the
west line of said Southwest Quarter of Section 25 a distance of 163.16 feet; thence
easterly deflecting to the left 90 degrees 00 minutes 21 seconds, 50.00 feet to the
east right of way line of Highway 65 and the point of beginning; thence continuing
easterly along last described line 25.24 feet; thence easterly, northeasterly, and
northerly 93.78 feet along a tangential curve concave to the northwest having a
radius of 59.50 feet and central angle of 90 degrees 18 minutes 22 seconds; thence
northerly tangent to last described curve 4.40 feet; thence easterly deflecting to the
right 90 degrees 18 minutes 22 seconds, a distance of 38.71 feet; thence easterly,
northeasterly, and northerly 28.18 feet along a tangential curve concave to the
northwest having a radius of 20.61 feet and central angle of 78 degrees 20 minutes
57 seconds; thence northerly along a line not tangent to last described curve, said
line parallel with said west line of the Southwest Quarter, 41.77 feet to the south
right of way line of 49th Avenue N.E.; thence westerly along said south right of way
line, 143.94 feet to said east right of way line of Highway 65; thence southerly along
said east right of way line to the point of beginning. EXCEPT that part of the
Southwest Quarter described as follows:
Commencing at the northwest corner of said Section 25; thence south along the
west line of said Southwest Quarter of Section 25 a distance of 143.16 feet; thence
easterly deflecting to the left 90 degrees 00 minutes 21 seconds, a distance of 50.00
feet to the east right of way line of Highway 65 and the point of beginning; thence
continuing easterly along last described line, 25.24 feet; thence easterly,
northeasterly, northerly, northwesterly, and westerly 124.09 feet along a tangential
curve concave to the west having a radius of 39.50 feet and central angle of 180
degrees 00 minutes 00 seconds; thence westerly tangent to last described curve,
25.23 feet to said east right of way line; thence southerly along said east right of
way line to the point of beginning.
Said temporary construction easement contains (13,775 square feet.
Said temporary construction easement is set to expire