09-03-1996 WS - Laserfiche WebLink

Home Browse Search

Mayor and City Council Pedestrian Bridge-Highway 10 August 28, 1996 •age 3 Option 2. Begin Condemnation Proceedings for the Easement: It is possible for the City Council to proceed with condemnation of an easement to allow for construction of the bridge in the area now occupied by the detention pond. The City Attorney has explained that there are two methods for condemning property: conventional and "quick take." We believe that the only one which would work with our time frame is the"quick take" method. The procedure is as follows: • City Council passes a resolution authorizing condemnation. • Notice is served on the property owner and the City files a petition with the Ramsey County District Court to commence condemnation. , • District Court appoints three commissioners to handle thecondemnation case. (There is an opportunity for the City and the property owner to attempt to agree on who the commissioners are.) • Commissioners are expected to answer two questions: Is this condemnation for public purposes? What is the value of the property being condemned? Once the value is determined, the City has to pay that amount. If improvements or tenants have to be • located, we have to pay relocation costs. • The City has the option of withdrawing the petition if we do not agree with the price, but we would have to pay all the property owners' costs incurred up to this point. • The property is conveyed to the City in 90 days. *The City Attorney suggested that the City may want to get a preliminary appraisal before we start this process so we have some idea of what the cost will be. The City Attorney's office can supply a list of appraisers who do this type of work, if so desired by City Council. Although this process allows for the City to proceed without the consent of the property owner, it does involve court-appointed commissioners determining the value of the property. The impact of the City's action on Mounds View Square could enter into this determination. How this impact is characterized will depend in part on what other actions the City is taking to address issues raised by the property owner. In order to preserve good relations with the property owners, attention needs to be given to the issues they have raised to see if there are ways to resolve them to the benefit of both the City and the property owners. There may be other options which would avoid a condemnation proceeding. Staff recommends that this option only be pursued in conjunction with either Option 3, or Options 4A and 4B, to demonstrate the City's willingness to address the issues raised by the property owners. Option 3. Deal with the Property Owners'Request Through a PUD: We have suggested to the property owners that they apply for a PUD designation on the property so that the overall development plan for Mounds View Square could be evaluated and parking and signage provisions could be addressed. We have also provided them with a time line for this type of application, given the notice requirements and meeting schedule maintained by the City. This schedule assumed submittal by August 30, and shows an effective date for the PUD ordinance on December 12. The property owners could grant an easement contingent on the outcome of the PUD review, with an agreement that no bridge construction occur until the conclusion of the •PUD review. The property owner would know the City Council's action on the PUD review by November 12, with enough time to execute the easement. We have not received a submittal for a PUD designation as of this date. Staff regards this as the most effective option for addressing the property owners'concerns, but recognizes that the time frame is tight and it depends on the willingness of the property owner to submit a PUD application.