Minutes - Council - 04/12/2005 - Laserfiche WebLink

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cas;emcnt, along with temporary construction easements, need to be obtained from properties along thc southern boundary of the railroad right-of-way. The City has obtained the Ernest Miller 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 ol"Fhe Tinklenberg Group suggest that it may be possible to acquire these easements or at least right-o£-entry agreements from two of the property owners without resorting to eminent domain procedures. Staff has 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. Nowcvcr, 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 A. ssislant 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 ,,>f~ a trail fi'om Ehncrest Park south to the developing lands north of Alpine Boulevard. The ('ommittee was presented with a copy of an appraisal and accompanying exhibits prepared by Malcolm Watson in which he established the value of this property at $1,000. Staff met with Mr. Mortenson 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 (;ity in the amount of $31,500. City Attorney Goodrich has suggested that the county's assessed Yatue 1bt tile property be determined. The value listed at the county courthouse is about $6,500. Thc City would be taking approximately 90 percent of this parcel, leaving Mr. Mortenson with thc parcel that exists on the west side of the county ditch. There was discussion with the (',ommittee about whether a right-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 ,:m inenl domain and direct staff to continue negotiations for an agreed price on the parcel south of Elmcrest Park owned by Mr. Lynn Mortenson. I>ublic Works Director Kapler suggested the Council authorize staff to work under the authority ot' acquiring a right-of-entry or trail easement, which would allow the trail to be built while ~'~¢gotiations 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 lbr the "Pond" building in Ramsey Town Center 3rd Addition. The applicant has received a variance lo construct multiple buildings on the lot. The building under review is adjacent to the ,_.:ascmcnt 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 usc. The deck will encroach into the drainage and utility easement. This does ~ot meet the criteria established in the right-of-way policy presented in January 2005. The recommendation of thc Committee was to authorize staff to develop a maintenance agreement City Council/April 12, 2005 Page 31 of 35