Loading...
4.1 East-West Waterline Project226004v1 Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Legal City Attorney Kendall April 24, 2023 PRESENTER(s) REVIEWED BY: ITEM #: City Attorney Kendall City Engineer Wagner City Administrator/Finance Director Flaherty 4.1 – East-West Watermain Connection Project STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council adopt a resolution authorizing condemnation. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: The City is undertaking a watermain connection improvement project. The project will connect the City’s western and eastern water systems into one integrated system. This first phase of the project will allow transfer of water resources from the western water system to the eastern area of the City. The integrated water system will provide greater efficiency in water storage and distribution and improve water quality for Otsego residents. The construction requires the City to obtain permanent utility easements and temporary construction easements over 11 parcels. The City Engineer and consultants have negotiated with the landowners and have obtained or are close to obtaining the necessary easements in several of the parcels. However, to ensure that the City has the necessary easements in time for construction to begin, staff and the City Attorney are requesting authorization to begin condemnation proceedings. This authorization is required before we can file the matter in district court. This authorization enables the City Attorney to begin the condemnation process but will not prevent the City from continuing negotiations with the property owners. The City Attorney will continue to try to obtain the necessary easements via negotiated settlement. SUPPORTING DOCUMENTS ATTACHED: ▪ Resolution 2023-29 226004v1 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2023-29 authorizing condemnation of land for public purposes and to direct the City Attorney to initiate the condemnation proceedings. BUDGET INFORMATION FUNDING: BUDGETED: Fund 601 – Water Utility Yes 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2023-29 AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES WHEREAS, the City Council of the City of Otsego does hereby determine that it is necessary and for a public use and purpose to acquire permanent and temporary easements for purposes in connection with the East-West Watermain Connection Project, subject to engineering modifications, and within the project area near 70th Street NE (“Project Area”); and WHEREAS, City staff and consultants have and will continue to work with the property owners to acquire the necessary easements; and WHEREAS, the City Council finds that construction timing makes it necessary to acquire the necessary easements as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary permanent and temporary easements over the properties within the Project Area, subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interests pursuant to the “quick take” provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and City Clerk are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. 4. The City has obtained appraisals of the property being acquired. The Council authorizes the City Engineer to approve the appraisals and staff to negotiate with the property owners relating to the acquisition of the property and to acquire the property for the appraised values. 2 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 24th day of April, 2023. CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk