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Item No: __02__ Meeting Date: __July 6, 2020 Type of Business: ____WS___ Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator, Jon Sevald Community Development Director Item Title/Subject: Long Lake Woods – Developer Appeal Introduction: This block was developed about 1939, and portions re-developed in 1990 (Long Lake Woods). The block includes partial ROW through the middle (Greenwood Drive), similar to the block north, which was re-developed in the 1970’s, extending Greenwood Drive as a thru street. It is clear that when the project area was platted in the 1930’s, the intent was for Greenwood Dr to be a thru street. The block includes a drainage ditch. It is not known when it was established, but it’s there. The City is responsible for maintaining it, and has performed minimal maintenance. At least since the mid-2000’s if not earlier, area property owners have sought to redevelop the back portions of their properties, and extend Greenwood Dr. The current project is led by Marty Harstad (developer), and involves participation from 12 of the 14 affected properties. The two non-participating property owners; Holl, and Doll, are opposed to the development. The City obtained ROW through the Holl property when subdivided in 2000. The City has partial ROW across the Doll property, but additional ROW is needed. The Developer has requested, and the City Council consented to the use of eminent domain if necessary, to obtain ROW from the Doll property. The City conducted an appraisal, and has offered to purchase 3 0’ of ROW from Doll for $20,000. Doll has elected to conduct their own appraisal. STATUS: City is waiting on a response from Doll (e.g. counter-offer) before proceeding with condemnation. The Council has consented to pay the cost of improving the ditch as part of the development (prorated to pre-development conditions). All costs associated with the development, such as streets, water, sanitary sewer, and storm sewer, is to be paid by the developer (e.g. 12 participating property owners). In preparing the Preliminary Plat, the developer conducted a wetland delineation which stated there was not a wetland. The delineation was submitted to the RCWD Technical Evaluation Panel (TEP), who determined that there is a small wetland within the drainage ditch. Therefore, the ditch cannot be entirely replaced by a pipe as planned. Instead, storm water from the ditch and from the development, will be treated in an infiltration basin prior to exiting back into the ditch, and exiting the development. This is a significant unplanned expense. Recent Timetable /History: 8-11-2018 – Developer meets with staff and introduced a sketch-plan, advises at least one property owner unwilling to participate, requests feedback from City regarding use of Condemnation specific to road easement in platted road. 9-04-2018 Workshop – Brief Discussion on use of Condemnation/Imminent Domain. Schedule for October Workshop.