ITEM 3.8 MacIver ProjectTy OF
Ot�ezo
MINNESOTA CY
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Legal
Andy MacArthur, City Attorney December 11, 2017
PRESENTER(s)
REVIEWED BY: ITEM #:
Consent Agenda
City Administrator/Finance Director 3.8
Flaherty
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends that the Council approve the attached Resolution Authorizing Eminent Domain for
the 85'h Street and MacIver Road Project.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUN D/J USTI FICATION:
The City is moving forward with acquisition of right -of —way for the 85 1h Street and MacIver project
scheduled to begin construction in 2018. In order to facilitate acquisition of parcels the City Attorney will
need authorization to commence formal eminent domain proceedings in the court in order to insure timely
acquisition of the needed parcels.
City staff will continue negotiations even after Eminent Domain is filed. Proceeding with Eminent Domain is
only for the purpose of assuring the City of acquisition of the needed right of way prior to the Project
commencing. Commen ' cement of eminent domain in no way impedes the ability of the City to acquire the
needed easements by negotiation and purchase.
SUPPORTING DOCUMENTS ATTACHED:
0 Resolution Authorizing Eminent Domain.
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve Resolution No. 2017 -XX Authorizing Eminent Domain Proceedings to Obtain Easements
and Right of Way for City Project No. 2018-1, Extension of 85th Street and an Extended Portion of MacIver
Avenue.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-99
RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO
OBTAIN EASEMENTS AND RIGHT-OF-WAY FOR CITY PROJECT NO.
2018-1 EXTENSION OF 85 1h STREET AND AN EXTENDED PORTION OF
MACIVERAVENUE
WHEREAS, the City of Otsego has authorized and funded that Project identified
as City of Otsego Project No. 2018-1 which includes construction of new 1h
roadway, and construction of a trail, retention ponds and other items from 80
Street north as an extension of MacIver Avenue, and then eastward as an extension
of 85th Street to the intersection of existing 85th Street and Nashua Avenue; and
WHEREAS, the City ordered and had prepared appraisals for damages to the
nineteen (19) affected parcels as set forth on the approved City of Otsego Right of
Way Plat No. 3, which were duly approved by the City Council and were offered
in writing to the affected property owners; and
WHEREAS, City staff has met with and discussed these offers with the majority
of the affected property owners; and
WHEREAS, the property owners have been provided sufficient time to review
and respond to said offers; and
WHEREAS, some of the affected of the property owners may ultimately wish to
proceed to a Commissioner's hearing in the matter; and
WHEREAS, the City must either acquire all of the parcels by negotiation or by
eminent domain prior to letting a bid on the Project; and
WHEREAS, in order to complete a portion of the Project this year the City needs
to acquire the property subject to the statutory ninety day "quick take"; and
WHEREAS, the City staff will continue to negotiate with the property owners
prior to and during the course of any eminent domain proceedings in order to
acquire the property through negotiation, if possible.
NOW, THEREFORE IT IS RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows:
1. The City Attorney is directed to initiate proceedings in eminent domain
under Minnesota Statute 117 in order to obtain the easements needed to
construct Otsego City Project No. 2018-1.
2. The City Attorney and City staff are directed to continue negotiations with
affected property owners in order to try and acquire the property by
negotiation and purchase.
ADOPTED this I lth day of December, 2017 by the Otsego City Council.
MOTION TO ADOPT the Resolution made by Council Member
and seconded by Council Member
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
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