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HomeMy WebLinkAboutAugust 13, 2009 emerg mtgOFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS EMERGENCY CITY COUNCIL MEETING THURSDAY, AUGUST 13, 2009 The following are the minutes for an emergency meeting of the City Council 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. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Kelzenberg Tardy: Councilmember Diehm Absent: Councilmember Williams PLEDGE OF ALLEGIANCE -recited MEETING AGENDA ITEM Kevin Hansen, Public Works Director, stated he was informed on Tuesday of the 30 day condemnation requirement. Because of pedestrian bridge project deadline requirements, we need to establish this resolution as soon as possible. Nawrocki questioned the difference between a special meeting and an emergency meeting. Patricia Muscovitz, City Clerk, stated that a special meeting can be posted three days in advance and an emergency meeting is called and posted as allowed. This meeting was posted at City Hall, the Library, and on the City's web site. Nawrocki stated this condemnation is to avoid negotiations. Hansen stated that with only negotiations, we may be unable to meet the given deadline. Nawrocki stated that typically a condemnation will cost more money. Councilmember Diehm arrived at 5:08 p.m. and was apprised of the request. MOTION by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2009-122, there being ample copies available to the public. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes. Motion carried. MOTION by Kelzenberg, second by Diehm, 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. Hansen stated that MNDot is waiving the 30 day time period, with the understanding that we contact the owner and continue negotiations. We do intend on negotiating during this time period. Diehm stated there was a change in the law in 2006; if the ultimate condemnation award is more that 40 percent greater than our last offer, we want to make sure we have an accurate written offer. Hansen stated that the offer made was based on the appraisal and we are aware of the law. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 1 nay - 1 absent. Motion carried. City Council Minutes Thursday, August 13, 2009 Page 2 of 2 ADJOURNMENT Mayor Peterson adjourned the meeting at 5:11 p.m. - ~.___ ,c.-- atricia Muscovitz CMC City Clerk RESOLUTION N0.2009-122 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 far 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`h 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: I. 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 Firm 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.