5.4. SR 09-18-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Administration Se tember 18, 2006
Item Description
Presentation Regarding 193rd Avenue Corridor
Item Number
5.4.
Prepared by
Ter Maurer, Ci
Reviewed by
Introduction
As the City Council directed at the April 17 , 2006 City Council meeting, we have been working on
a preliminary design for the most northerly option for the 193rd Avenue Corridor from Hillside
Estates to CSAH 13 (Twin Lakes Road). We are now prepared to present a more detailed analysis
of this Corridor to the City Council.
Discussion
At Monday evening's meeting I will have a PowerPoint presentation that will go through two
alternatives for this northerly Corridor option for 193rd Avenue. I have prepared two alternatives
because of the letter received from Marcia and Randy Moen, 19227 Tyler Street, which indicated
their desire to have the City potentially acquire their entire property, including their home. The
southerly alignment that I will show the City Council goes through the Moen property. The
northerly alignment stays as far north as possible and would allow the Moen's to continue to
enjoy their parcel with very litde inconvenience or interference. No matter which route is
selected, the construction of the road will impact private property. We are working to minimize
any impact to the extent possible consistent with sound engineering and design practices.
In working on these preliminary designs, we have delineated the wedands, had an initial
discussion with the Technical Evaluation Panel, had ongoing discussions with Excel Energy, who
owns the power line through the area, and we have received a letter from Sherburne County,
indicating that they are supportive of this option with the landing point near the power lines at
CSAH 13. In addition, I have met individually with each of the five property owners that are
potentially direcdy affected by these two alternatives. We have also sent out mass notification to
the same large area, informing property owners that this item will be on the City Council agenda
for discussion purposes.
We have also been working with Howard Roston of Malkerson, Gilliland, Martin LLP since
authorized by the City Council in April. Mr. Roston has been reviewing alternatives for the
corridor relative to potential eminent domain proceedings. Mr. Roston has reviewed these two
alternatives in detail, including a site visit. I will be able to share with the City Council Mr.
Roston's preliminary comments regarding the two alternatives. At this point in time, we have not
asked Mr. Roston to fmalize any legal analysis.
After my presentation, I will attempt to answer any questions from the Council or public. City
Administrator Lori Johnson, Howard Roston, and I have conferred regarding the next step. We
would recommend that to proceed with this project, a resolution be adopted by the City Council
which authorizes appraisals and the start of negotiations with the various affected property
owners along these two alternatives; the thought being the appraisals and beginning negotiations
may yield a clear option which may be less expensive and/or easier from a land acquisition
standpoint. In addition, the resolution orders a public hearing on the 193rd Avenue Corridor.
Although a public hearing is not required by Statute, we would recommend one be held prior to
fInal adoption of an offIcial corridor and adoption of an eminent domain resolution if approved
by the Council. It is our belief that the public hearing could be held in early January 2007. This
would give adequate time for appraisals and negotiations to be undertaken so that at the close of
the public hearing, a specifIc alignment can be approved and an eminent domain resolution
considered for land acquisition.
Financial Impact
The fInancial impact of this project has been previously discussed in great detail and will be an
ongoing issue. Essentially, the City will be responsible for all project costs above the $996,000 of
federal funding.
Attachments
. Resolution Authorizing Property Appraisals, Start of Negotiations and Ordering a Public
Hearing
Action Requested
After questions regarding the two proposed alternative alignments, provide any specifIc input and
adoption of the attached resolution authorizing appraisals, negotiations and ordering a public
hearing on the 193rd Avenue Corridor.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\EngineerImprovProj\2006 Improvement Projects\193rd Ave Corridor\09 1806 CC memo.doc
RESOLUTION 06-
A RESOLUTION FOR mE CITY OF ELK RIVER
A RESOLUTION AU1HORIZING APPRAISALS AND NEGOTIATION AND
ORDERING A PUBUC HEARING FOR mE 193RD AVENUE CORRIDOR
FROM WOODS AT HILLSIDE ESTATES 4TH ADDITION TO CSAH 13
WHEREAS, the City Council has approved a Corridor Study for 193rd Avenue by adoption of
Resolution 05-67; and
WHEREAS, the City Council has considered four options for 193rd Avenue Corridor, choosing
the most northerly; and
WHEREAS, the City Council has considered to two alternatives for the most northerly option;
and
WHEREAS, the City of Elk River will receive $996,000 in federal funds from SAFETEA-LU in
fiscal year 2010 for the construction of the 193rd Avenue Corridor.
NOW, mEREFORE BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota;
1. The City Staff is directed to retain an appraiser for the purpose of appraising the various parcels
of land being considered for land acquisition to accomplish the 193rd Avenue Corridor.
2. City Staff is authorized to begin negotiations with various property owners for acquisition of the
necessary property to accomplish either of the two alternatives being considered.
3. The City Council hereby orders a public hearing to be held in early January, 2007 for
consideration of the 193rd Avenue Corridor alignment.
Passed and adopted this 18th day of September, 2006.
Stephanie A. Klinzing, Mayor
ATTEST:
Joan M. Schmidt, City Oerk
S:\EngineerImprovProj\2006 Improvement Projects\193rd Ave Corridor\Resolutions\Resolution authorize appraisals order ph.doeOS-
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