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Honorable Mayor and City Council <br />January 24, 2002 <br />Page Two <br /> <br />In meeting individually with these property owners, none have expressed negativity about the <br />project; in fact, some have even indicated their leaning toward giving the right-of-way at no cost <br />to the City. However, to this date, only the Klein easement has been signed. In order to protect <br />the TEA-21 grant the City has received for this project, the City needs to provide proof that right- <br />of-way is available by the spdng of 2002. Therefore, I have asked City Attorney Peter Beck to <br />prepare a resolution to start the Eminent Domain process. If all negotiation fails to get the <br />easements signed, the Eminent Domain process can be used to have the courts grant the City <br />the right to construct the project, thereby preserving the TEA-21 grant. I also believe that <br />passage of the Eminent Domain resolution will allow me to revisit with each of the property <br />owners to indicate that the City is sedous about proceeding with this project. <br /> <br />As I discussed bdefly with the Council at the January 22 City Council meeting, the City needs to <br />be confident that it can and will get public utilities to the Park Pointe plat prior to granting final <br />plat approval to this development. We anticipate that the final plat approval will come before the <br />City Council on February 11, 2002. Passage of the Eminent Domain resolution will assure that <br />sewer and water can be delivered to Park Pointe. <br /> <br />One other issue that the City Council has discussed in the past is whether or not to assess a <br />portion of the street cost to the abutting properties. I have taken the liberty of preparing the <br />attached resolution that would authorize a feasibility study to initiate the Minnesota State Statute <br />429 assessment process. This is the first step necessary should the Council want to proceed <br />with an assessment for street reconstruction to the abutting property owners. Since this would <br />be a City Council initiated project, the resolution would require 4/5 vote for passage. <br /> <br />I will be in attendance at your January 28, 2002, City Council meeting to discuss this project and <br />these issues with you further. <br /> <br />Sincerely, <br /> <br />Howard R. Green Company <br />Terry J.'Maurer, P.E. <br /> <br />TJM:tw <br />Attch. <br /> <br />Ltr 1-24-02 Council <br /> <br />Howard R, Green Qompany <br /> QONSULTING ENGINEERS <br /> <br /> <br />