Minutes - Public Works Committee - 03/15/2005

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foot permanent drainage and utility easement, along with temporary construction easements, need to be obtained from properties along the 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. Appraisals were prepared for these parcels in 2001. However, because of the length of time since these appraisals were performed it will be necessary to have them updated to reflect current values. City Engineer Jankowski explained if the project is to be constructed in 2005, it will be necessary to move expeditiously in obtaining these easements. The City has been in negotiations with the affected property owners since the time the first phase of the project was constructed in 2001. Should eminent domain be necessary to obtain access for this project, there is a ninety day period between the filing of documents with the court. The availability of the access rights to the City for the project would place this date near the beginning of August or September. Discussions with the City Attorney and Jodi Ruehle of The Tinklenberg Group suggest that it may be possible to acquire these easements or least right-of-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 Holesek parcel also appears to be close to being finalized. Ms. Ruehle has indicated that the Metro Council had agreed to go up to the property owner's figure, but the figure now may need to go higher. Staff suggests because the Tinklenberg Group is up to date on the value of the properties that they may be involved on getting the appraisals updated. He advised regardless of the method of the acquisitions it will be necessary to establish the value of these easements. Therefore staff recommends that the Committee recommend to City Council that The Tinklenberg Group be authorized to prepare appraisals for the Premier and Hunter investment properties. Mayor Gamec asked if the City now owns the Deals on Wheels property. City Engineer Jankowski responded in the affirmative. Motion by Mayor Gamec, seconded by Councilmember Olson, to recommend to City Council that updated appraisals be authorized for the Premier and Hunter investment properties. Motion carried. Voting Yes: Acting Chairperson Cook, Mayor Gamec and Councilmember Olson. Voting No: None. Absent: Chairperson Elvig. Case #4: Consider Counter Proposal from Mr. Lynn Mortenson for Parcel South of Elmcrest Park City Engineer Jankowski advised 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. Included in the Committee's packet is a copy of an appraisal and accompanying exhibits prepared by Malcolm Watson in which he established the value of this property at $1,000. Public Works Committee/March 15, 2005 Page 5 of 11