Minutes - Council - 12/13/2005 - Laserfiche WebLink

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part of the Potassium Street right-of-way lies within wetlands. The City has requested the Lower Rum River Wetland Management Organization (LRRWMO) to permit the Potassium Street pavement to be constructed within the wetland, thereby filling the associated wetland. It is anticipated that the LRRWMO will make a decision on this request in February 2006. The proposed resolution seeks a right-of-way of 59 feet on affected Parcels 3 and 4. In the event the LRRWMO permits encroachment into the wetland, this right-of-way on these two parcels can be reduced to 38 feet. City Attorney Goodrich advised staff believes it is necessary to start this eminent domain process now due to the long lead time involved. If the Council authorizes this resolution, an appraisal must be ordered and provided to the landowners. The City is required to negotiate and discuss the appraisal with the landowners. A 120 day period is required before eminent domain can be filed, which is followed by a 90 day period before the City can take possession. Mr. Goodrich advised the property owners are willing to sign an agreement if the LRRWMO will grant permission for filling the wetlands. If the LRRWMO does not grant this permission it is his understanding that the property owners will not be willing to sign the agreement, and eminent domain proceedings will likely be needed. Mayor Gamec inquired about wetland mitigation if the LRRWMO permits the wetland encroachment. Assistant Public Works Director Olson replied mitigation will likely be required if there is any impact to the wetlands, the mitigation required would likely be two to one. Mayor Gamec asked if the City has the required wetland available for the mitigation. Assistant Public Works Director Olson replied the City would be required to provide another area of wetland for the mitigation or to purchase wetland credits. That part of the plan has not been worked out at this time. Mayor Gamec inquired about the trees they were attempting to save. He noted they had discussed a curve in the road so they would not have to remove as many trees. Assistant Public Works Director Olson replied the trees should remain the same if the right-of- way is required; the 24 foot segment would be close to the existing roadway. Councilmember Cook stated the Council already authorized condemnation. Sixty days was allowed to determine the right-of-way, and at the end of the 60 days they were to revert back to the old agreement that authorized eminent domain. At that time the Quicksilver access would be off the table. Tonight they should only be looking at ratifying the size of the easements and the new plan. City Administrator Norman explained this resolution would be an amendment to that authorization. City Council / December 13, 2005 Page 17of37