Agenda - Planning Commission - 05/05/2005

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easement, along with temporary construction easements, need to be obtained from properties along the southern boundary of the railroad fight-of-way. The City has obtained the Ernest Mitlcr property; however, it still needs easements from three properties, which include: Premier Realty, Winslow Holasek, and Hunter Investments. Discussions with the City Attorney and Jodi Ruehlc of The Tinklenberg Group suggest that it may be possible to acquire these easements or at least right-otLentry agreements from two of the property owners without resorting to eminent domain procedures. Staffhas also been advised that agreement for the acquisition of the Holasek parcel appears to be close to being finalized. Appraisals were prepared for these parcels in 2001. However, because of the length of time since the appraisals were performed it will be necessary to have them updated to reflect current values. The motion of the Committee was to recommend that updated appraisals be authorized for Premier and Hunter investment properties. 4) Consider Counter Proposal from Mr. Lynn Mortenson for parcel South of Elmcrest Park Assistant Public Works Director Olson explained the City needs to acquire a parcel of property approximately one acre in size which is owned by Mr. Lynn Mortenson to facilitate the extension of a trail from Elmcrest Park south to the developing lands north of Alpine Boulevard. The Commitme was presented with a copy of an appraisal and accompanying exhibits prepared by Malcoim Watson in which he established the value of this property at $1,000. Staff met with Mr. Mortcnson on February 14, 2005 and provided him a copy of the appraisal and extended an offer to purchase the property for the appraised value. Mr. Mortenson has made a counter offer to the City in the amount of $31,500. City Attorney Goodrich has suggested that the county's assessed value for the property be determined. The value listed at the county courthouse is about $6,500. The City would be taking approximately 90 percent of this parcel, leaving Mr. Mortenson with the parcel that exists on the west side of the county ditch. There was discussion with the Cc~mmittee about whether a fight-of-entry should be purchased to allow the City to move forward with construction of the trail. The recommendation of the Committee was to authorize the use of eminent domain and direct staff to continue negotiations for an agreed price on the parcel south of Elmcrest Park owned by Mr. Lynn Mortenson. Public Works Director Kapler suggested the Council authorize staff to'work under the authority of acquiring a right-of-entry or trail easement, which would allow the trail to be built while negotiations are proceeding. He indicated this was discussed during the Committee meeting. 5) Review RTC 3~ Addition Pond Building Easement Encroachments Assistant Public Works Director Olson explained Ramsey Town Center, LLC has submitted plans for the ~'Pond" building in Ramsey Town Center 3~a Addition. The applicant has received a variance to construct multiple buildings on the lot. The building under review is adjacent to the easement around the regional storm water pond. Proposed tenants for this building include restaurants and coffee houses. The building design shows a deck extending over the pond for summer dining use. The deck will encroach into the drainage .and utility easement. This does not meet the criteria established in the fight-of-way policy presented in January 2005. The recommendation of the Committee was to authorize staff to develop a maintenance agreement City Council/April 12, 2005 Page 31 of 35 Plll