11/13/2006 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES NOVEMBER 13, 2006 APPROVED 1 Associate Planner Bengtson provided a staff analysis of the request noting the recommended 2 conditions of approval. 3 4 Mr. Bill Cheetah, representative from St. Paul Regional Water Services, came forward and stated 5 nobody will lose rights of access to the lake. The sale is purely voluntary for each of the property 6 owners. The variance is being requested by St. Paul Regional Water Services on behalf of the 7 property owners. 8 9 Council Member Stoltz moved to approve Resolution No. 06-182, as presented. Council Member 10 Reinert seconded the motion. Motion carried unanimously. 11 12 Consideration of Resolution No. 06-185, Approving Final Pay Request, 2006 Sealcoat Project, 13 Jim Studenski — City Engineer Studenski advised the contractor for the 2006 Street Sealcoating 14 Project, Allied Blacktop Company is requesting City approval of Payment Request No. 2 (Final) in 15 the amount of $5,706.98. The contractor has satisfactorily completed all work and has provided all 16 necessary documentation. 17 18 City Engineer Studenski noted also included with the request for Final Payment is Compensating 19 Change Order No. 1 in the deduct amount of $15,539.35. With this Change Order, the final contract 20 amount is $114,139.65, which is below the Engineer's Estimate. 21 •22 Council Member Reinert moved to approve Resolution No. 06-185, as presented. Council Member 23 O'Donnell seconded the motion. Motion carried unanimously. 24 25 Consideration of Resolution No. 06-189, Authorizing City Attorney to Commence Eminent 26 Domain Proceedings, Lake Drive/35W Interchange Reconstruction Project, Michael Grochala - 27 Community Development Director Grochala advised Wilson Development Services has begun the 28 right-of-way acquisition process on behalf of the City. A total of sixteen (16) parcels are affected by 29 the project. The total appraised value of the right-of-way to be acquired is approximately $1,300,000. 30 Offer letters, accompanied with a copy of the property appraisal, were distributed to property owners 31 as of September 27, 2006. 32 33 Community Development Director Grochala stated the City is nearing agreement on several parcels 34 and Wilson Development Services and staff will continue to work with property owners to reach an 35 agreement for direct purchase. However, to insure that ongoing property negotiations do not 36 jeopardize the project construction or state and county funding staff is requesting Council 37 authorization for the City Attorney to commence with eminent domain proceedings. Through this 38 process the City Attorney will be seeking District Court approval to acquire parcels by eminent 39 domain and authorizing quick take provisions that establish a possession date. Under the current time 40 line, staff would anticipate possession in March. Again, staff is hopeful that all acquisition can be 41 obtained by direct purchase and will continue to negotiate with property owners throughout the 42 process. 43 • 44 City Attorney Hawkins advised there have been no changes in the eminent domain laws for property 45 that is taken for public purpose. This is a dual track process and negotiations will continue with 6