HomeMy WebLinkAbout2006-189 Council Resolution• Council Membero'nonnellntroduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 06 -189
RESOLUTION AUTHORIZING EMINENT DOMAIN
INTERCHANGE OF I -35W AND COUNTY STATE AID HIGHWAY 23
WHEREAS, County State Aid Highway 23 (Lake Drive), within Lino Lakes,
Minnesota, County of Anoka, is classified as an A Minor Arterial — Reliever; and
WHEREAS, the interchange at I -35W and County State Aid Highway 23 (Lake
Drive) is currently experiencing growing congestion and safety problems; and
WHEREAS, the City has determined that the interchange at I -35W and County
State Aid Highway 23 (Lake Drive) is in need of reconstruction: and
WHEREAS, the improvements consisting of constructing bridge, roadway,
pedestrian facilities and utilities are herein determined necessary to provide for the
improved safety and mobility of the traveling public; and
WHEREAS, the improvement of the interchange will remove the existing two -
lane bottleneck at the bridge over I -35W; correct a dangerous situation with offset on-
off ramps at the south end of the bride; allow for continuous and safe bike and
pedestrian trails across the bridge; and eliminate unsafe access points along CSAH 23;
and
WHEREAS, the City has determined that it is in the best interests of the traveling
public to reconstruct the interchange at I -35W and County State Aid Highway 23 (Lake
Drive) as soon as possible; and
WHEREAS, the City has received funding from the State of Minnesota
Department of Transportation and the County of Anoka for the making of such
improvements in 2007; and
WHEREAS, fee simple interests, permanent easements and temporary
construction easements over certain lands are required to provide for said construction;
and
WHEREAS, Lino Lakes has the authority to acquire right -of -way for said
construction by eminent domain pursuant to the Lino Lakes City Charter and Minnesota
Statute Chapter 117; and
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WHEREAS, it is imperative that the City begin the interchange improvements
construction this next spring in order to use available State and County funding; and to
improve safety and mobility of the traveling public; and
WHEREAS, the City of Lino Lakes has the right to acquire right -of -way prior to
filing of the award by the court- appointed commissioners, pursuant to Minn. Stat. §§
117.011 and 117.042.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council hereby authorizes the acquisition of said land by
eminent domain and to take title and possession of that land prior to the filing of an
award by the court- appointed commissioners, pursuant to Minn. Stat. § 117; and
BE IT FURTHER RESOLVED, that the City Attorney, William G. Hawkins and
Associates is authorized to file the necessary Petition, to hire such persons as may be
necessary to prosecute such action including appraisers and surveyors and to pursue
the successful conclusion of such action or until it is abandoned, dismissed, or
terminated by the City or the Court.
2 erg on Ma John J y or
Adopted by the Lino Lakes City Council this 13th day of November, 2006.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Stoltz and upon vote being taken thereon, the following voted in favor
thereof:
O'Donnell, Stoltz, Reinert, Bergeson
The following voted against same:
Carlson
Whereupon said resolution was declared duly passed and adopted.
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
ACTION REQUIRED:
BACKGROUND
AGENDA ITEM 61
Michael Grochala
November 13, 2006
Resolution No. 06 -189, Authorizing City Attorney to
Commence Eminent Domain Proceedings, 35W /Lake
Dr. Interchange Reconstruction Project
Simple Majority
Wilson Development Services, has begun the right -of -way acquisition process on behalf
of the City. A total of sixteen (16) parcels are affected by the project. The total
appraised value of the right -of -way to be acquired is approximately $1,300,000. Offer
letters, accompanied with a copy of the property appraisal, were distributed to property
owners as of September 27, 2006.
We are nearing agreement on several parcels and Wilson Development Services and
staff will continue to work with property owners to reach an agreement for direct
purchase. However, to insure that ongoing property negotiations do not jeopardize the
project construction or state and county funding staff is requesting council authorization
for the City Attorney to commence with eminent domain proceedings. Through this
process the City Attorney will be seeking District Court approval to acquire parcels by
eminent domain and authorizing quick take provisions that establish a possession date.
Under the current time line we would anticipate possession in March. There are several
steps to this process that will be more fully explained by the City Attorney.
Again, we are hopeful that all acquisition can be obtained by direct purchase and we
will continue to negotiate with property owners throughout the process.
RECOMMENDATION
Staff is recommending the adoption of Resolution No. 06 -189, Authorizing City Attorney
to Commence Eminent Domain Proceedings.
ATTACHMENTS
1. Resolution No. 06 -189