Minutes - Council - 04/22/1997 - Laserfiche WebLink

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Two of those were addressed in this second draft. The third relates to the concern that the organization purchase liability coverage. He reminded Council of the MPRS lawsuit and the fact that since this coverage was not carried, the member cities were exposed to the lawsuit expenses. He noted that the language in the agreement allows for the purchase of the insurance coverage but does not mandate it and he suggested that whoever is appointed to the board from Ramsey should insure that this situation is addressed. Motion by Councilmember Beahen and seconded by Councilmember Beyer to adopt Resolution #97-04-081 authorizing the Mayor and City Administrator to execute the Northstar Corridor Development Authority Agreement and to appoint Mayor Gamec and Councilmember Haas Steffen as the initial representative and alternate to said organization. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Beahen, Beyer, Haas Steffen and Zimmerman. Voting No: None. Case #10: Initiate Eminent Domain Proceedings to Acquire Llama Street City Engineer Jankowski reported that on October 8, 1996, the City Council approved the final plat of Alpaca 4th Addition. This plat included upgrading the position of Llama Street from T.H. #10, south to Riverdale Drive. Currently, Llama Street exists as a dirt road which is located on a 39-foot parcel of property which is almost 1,100 feet long. The Alpaca Estates 4th plat proposed dedicating the westernmost 27 feet to extend the Llama Street right-of-way to a 66-foot width. He explained that a paved roadway would then be installed down the center of the right-of-way. This dirt roadway has a City street sign, and has been graded by the City for at least the past 20 years, and has been plowed by the City until the last several years. Mr. Jankowski quoted State Statutes which says that when any road or portion of a road has been used and kept in repair and worked for at least six years continuously as a public highway by a road authority, it shall be deemed dedicated to the public to the width of the actual use and be and remain, until lawfidly vacated, a public highway whether it has ever been established as a public highway or not. Nothing contained in this subdivision shall impair the right, title, or interest of the water department of any city of the first class secured under Special laws 1885, chapter 100. This subdivision shall apply to roads and streets except platted streets within cities. Mr. Jankowski reported that, in spite of the above, the issue of whether this dirt road is a City street has been called into question, by an individual who indicates that he has a purchase agreement for the Joseph Kipp property of which this strip is a part. The City is, therefore, faced with the options of exercising legal claim to this street or proceeding to resolve the issue by utilizing its eminent domain power to obtain title to the property. He stated that City Attorney Goodrich has suggested the City pursue the latter. Staff is, therefore, recommending that the City Council adopt a resolution authorizing the initiation of eminent domain proceedings. Since the benefit of the action will be to the Alpaca Estates 4th Addition, costs associated with these proceedings should be charged against that subdivision escrow. Joe Nathey stated he is the new owner of 14453 Llama Street. He gave a history of the road and the fact that the maintaining of it was requested and approved by a renter, not an owner. He felt that Mr. James will benefit from this and that Mr. James has had 17 years to acquire this property. He asked Council to look at the facts and not rash into condemnation. City Council/April 22, 1997 Page 13 of 18