Agenda - Council - 04/14/2009 - Laserfiche WebLink

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APPROVE ACQUISITION RESOLUTION 09- 04 -XXX, RELATED TO CITY PROJECT #08 -29, ALPINE PARK WATERMAIN LOOP By: Tim Himmer, Assistant City Engineer CASE # 1 Background: On May 13, 2008 City Council authorized City project 08 -29 and ordered staff to prepare plans and specifications for the construction. That authorization also included the acquisition of Lot 2, Block 6 PELTZER ADDITION from the Minnesota Pollution Control Agency (MPCA), the construction of a trail connection between REGENCY PONDS and Alpine Park, and limited parking facilities for the approved skate park expansion within the park. In order to construct this project certain land and easement acquisitions are necessary to secure access to MPCA properties adjacent to the closed landfill. During the planning process of this project the City was assured, on more than one occasion, that the MPCA was agreeable to transferring the property and granting the easements requested. Based upon this information the City Council authorized the project to move forward, including the necessary acquisitions. The project was authorized for bid by the City Council on August 12, 2008, and following that meeting the project was advertised in the Construction Bulletin and Anoka County Union. The bids were to be received on September 16 and presented to Council on September 23` to award a contract. On September 12, 2008 we received a letter from the MPCA stating, among other things, that the proposed watermain could not be located on their property and they would not consent to selling any property. A notice of cancellation was sent to all the bidding contractors, and negotiations ensued with the MPCA. Following numerous meetings and correspondence an agreement was reached on a process to get the project back on track. During this same time period the property owners at 6830 150 Avenue NW and 14910 Garnet Street NW were approached to discuss their respective access points located along the Garnet St. cul -de -sac south of 150 Ave. Both property owners were open to relocating or eliminating these access points, therefore the entire roadway segment of Garnet St. south of 150 Ave. could be eliminated. The redesigned plans show this roadway being converted to a trail segment through this area. The revised plans, based upon MPCA direction and the above information, were submitted to the MPCA for approval in January. In March we received approval of our revised design from the MPCA, but they have not yet completed their review of our appraisal (given to them in June of 2008) that was performed for the property that they will be transferring to the City. We cannot undertake the project until the property is transferred and all easement documents are in place, therefore, bids cannot be secured and a project awarded until this process is completed. I have been trying to schedule a meeting with them for the last month to discuss the final language of the documents and to understand the process for transferring the property. This past Friday I was told that the appraisal review was complete, and that we could now complete the negotiations and land transfer process. A meeting will be set up in the near future to complete this acquisition process. If this were a standard closing type transfer it could be done rather quickly, but according to State statute the MPCA does not have the ability to transfer property without going through the condemnation process. The MPCA has stated that they will consider this acquisition as a "friendly condemnation" and no court action is anticipated. Therefore, an authorizing resolution needs to be adopted by the City Council to commence the condemnation proceedings. —191—