ITEM 7.1 SF 122 HF 6984 w
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MINNESOTA
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February 23, 2015
Senator Mary Kiffmeyer
Capitol Office
100 Rev. Dr. Martin Luther King Jr. Blvd.
State Office Building, Room 123
St. Paul, MN 55155-1206
RE: Opposition to SF 122 and HF 698 as currently drafted
Dear Senator Kiffmeyer:
The Otsego City Council is concerned that the proposed language change regarding the use of Legacy
Funds included in SF 122 and HF 698 may end up negatively affecting Otsego and other local
government units.
The proposed language reads as follows:
(h) Money appropriated from the parks and trails fund shall not be spent to acquire
property by eminent domain or to acquire property that has previously been acquired by eminent
domain.
It is unclear how this language would affect the City's ability to acquire land for projects. If property is
needed for a public road project, the land owners willing to sell their property to the City often request
that the City at least threaten eminent domain because of the tax benefit it may award the affected land
owner. The proposed language appears to prohibit the City's ability to offer these advantages to a
property owner if the affected land (or any portion of the land) is to be used for trail purposes.
The road right of way, property used for storm water ponds, or other remnant property required to be
taken through City eminent domain proceedings could later be used to construct trails or may be within
the boundaries of a park. In some cases the land must be acquired prior to a determination by the City
as to the full extent of its use.
The proposed language appears to limit the City's ability to even threaten to acquire property with
eminent domain, even in situations where it is warranted or necessary such as a generic city road
13400 90TH STREET NE, OTSEGO, MINNESOTA 553301763.441 .44141 WWW.CI.OTSEGO.MN.US
project. Often a standard City road project will include acquisition of right of way and necessary trail
easements at the same time, or the trail easement may be included in the overall right of way.
In some cases (such as federally funded projects) the City may ultimately be required to proceed with
eminent domain. A limitation on what can be acquired by eminent domain and what cannot may hinder
the City's ability to acquire the easements or add additional unneeded cost to the Project.
In the event that the City were later determined by audit to have violated this statute by use of some
portion of the property for grant approved trails, the City may have to return the grant money to the
State.
The City respectfully requests that local representatives take into consideration the City's concerns and
seek clarification of the intent of these provisions prior to taking action on these bills.
Sincerely yours,
CITY OF OTSEGO
Jessica Stockamp, Mayor
Council Members:
Tom Darkenwald
Vern Heidner
Doug Schroeder
Jason Warehime
CC: Representative Eric Lucero
Representative Nick Zerwas
13400 90'" STREET NE, OTSEGO, MINNESOTA 553301763.441.44141 www.CI.OTSEGO,MN.uS
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06eTF 0
MINNESOTA
February 23, 2015
Representative Eric Lucero
515 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, Minnesota 55155
RE: Opposition to SF 122 and HF 698 as currently drafted
Dear Representative Lucero:
The Otsego City Council is concerned that the proposed language change regarding the use of Legacy
Funds included in SF 122 and HF 698 may end up negatively affecting Otsego and other local
government units.
The proposed language reads as follows:
(h) Money appropriated from the parks and trails fund shall not be spent to acquire
property by eminent domain or to acquire property that has previously been acquired by eminent
domain.
It is unclear how this language would affect the City's ability to acquire land for projects. If property is
needed for a public road project, the land owners willing to sell their property to the City often request
that the City at least threaten eminent domain because of the tax benefit it may award the affected land
owner. The proposed language appears to prohibit the City's ability to offer these advantages to a
property owner if the affected land (or any portion of the land) is to be used for trail purposes.
The road right of way, property used for storm water ponds, or other remnant property required to be
taken through City eminent domain proceedings could later be used to construct trails or may be within
the boundaries of a park. In some cases the land must be acquired prior to a determination by the City
as to the full extent of its use.
The proposed language appears to limit the City's ability to even threaten to acquire property with
eminent domain, even in situations where it is warranted or necessary such as a generic city road
project. Often a standard City road project will include acquisition of right of way and necessary trail
easements at the same time, or the trail easement may be included in the overall right of way.
13400 90T" STREET NE, OTSEGO, MINNESOTA 553301763.441.44141 WWW.CI.OTSEGO.MN.US
In some cases (such as federally funded projects) the City may ultimately be required to proceed with
eminent domain. A limitation on what can be acquired by eminent domain and what cannot may hinder
the City's ability to acquire the easements or add additional unneeded cost to the Project.
In the event that the City were later determined by audit to have violated this statute by use of some
portion of the property for grant approved trails, the City may have to return the grant money to the
State.
The City respectfully requests that local representatives take into consideration the City's concerns and
seek clarification of the intent of these provisions prior to taking action on these bills.
Sincerely yours,
CITY OF OTSEGO
Jessica Stockamp, Mayor
Council Members:
Tom Darkenwald
Vern Heidner
Doug Schroeder
Jason Warehime
CC: Senator Mary Kiffmeyer
Representative Nick Zerwas
13400 90TH STREET NE, OTSEGO, MINNESOTA 55330 763,441.4414 WWW.CI.OTSEGO.MN.US
F
tSe F
MINNESOTA
February 23, 2015
Representative Nick Zerwas
433 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
Saint Paul, Minnesota 55155
RE: Opposition to SF 122 and HF 698 as currently drafted
Dear Representative Zerwas:
The Otsego City Council is concerned that the proposed language change regarding the use of Legacy
Funds included in SF 122 and HF 698 may end up negatively affecting Otsego and other local
government units.
The proposed language reads as follows:
(h) Money appropriated from the parks and trails fund shall not be spent to acquire
property by eminent domain or to acquire property that has previously been acquired by eminent
domain.
It is unclear how this language would affect the City's ability to acquire land for projects. If property is
needed for a public road project, the land owners willing to sell their property to the City often request
that the City at least threaten eminent domain because of the tax benefit it may award the affected land
owner. The proposed language appears to prohibit the City's ability to offer these advantages to a
property owner if the affected land (or any portion of the land) is to be used for trail purposes.
The road right of way, property used for storm water ponds, or other remnant property required to be
taken through City eminent domain proceedings could later be used to construct trails or may be within
the boundaries of a park. In some cases the land must be acquired prior to a determination by the City
as to the full extent of its use.
The proposed language appears to limit the City's ability to even threaten to acquire property with
eminent domain, even in situations where it is warranted or necessary such as a generic city road
project. Often a standard City road project will include acquisition of right of way and necessary trail
easements at the same time, or the trail easement may be included in the overall right of way.
13400 90T" STREET NE, OTSEGO, MINNESOTA 553301763.441.44141 www.cl.OTSEGO.MN.US
In some cases (such as federally funded projects) the City may ultimately be required to proceed with
eminent domain. A limitation on what can be acquired by eminent domain and what cannot may hinder
the City's ability to acquire the easements or add additional unneeded cost to the Project.
In the event that the City were later determined by audit to have violated this statute by use of some
portion of the property for grant approved trails, the City may have to return the grant money to the
State.
The City respectfully requests that local representatives take into consideration the City's concerns and
seek clarification of the intent of these provisions prior to taking action on these bills.
Sincerely yours,
CITY OF OTSEGO
Jessica Stockamp, Mayor
Council Members:
Tom Darkenwald
Vern Heidner
Doug Schroeder
Jason Warehime
CC: Senator Mary Kiffmeyer
Representative Eric Lucero
13400 90"' STREET NE, OTSEGO, MINNESOTA 553301763.441.44141 www.CI.OTSEGO.MN.US