THREE RIVERS PARK DISTRICT BOARD OF COMMISSIONERS

Transcription

1 1. OPENING BUSINESS A. Call to Order B. Pledge of Allegiance C. Roll Call 2. APPROVAL OF AGENDA THREE RIVERS PARK DISTRICT BOARD OF COMMISSIONERS SPECIAL MEETING Administrative Center - Board Room 3000 Xenium Lane North, Plymouth, MN Thursday, February 5, 2015 Estimated Time: 11:00 a.m. Board Chair: John Gunyou AGENDA MOTION TO APPROVE THE AGENDA OF THE FEBRUARY 5, 2015, SPECIAL MEETING. 3. SPECIAL BUSINESS A. Approval to Purchase Permanent Easements for Nine Mile Creek Regional Trail MOTION TO APPROVE PURCHASE OF THE FOLLOWING EASEMENTS FOR THE NINE MILE CREEK REGIONAL TRAIL: 1.) LIST OF PERMANENT AND TEMPORARY EASEMENTS WITH SIGNED AGREEMENTS AS OF FEBRUARY 5, B. Approval to Use Eminent Domain to Acquire Easements for Nine Mile Creek Regional Trail MOTION TO APPROVE RESOLUTION NO AUTHORIZING THE USE OF EMINENT DOMAIN TO ACQUIRE EASEMENTS ACROSS X PARCELS FOR THE EAST SEGMENT OF NINE MILE CREEK REGIONAL TRAIL IN THE CITY OF EDINA, APPROVING THE USE OF THE QUICK TAKE PROCEDURE FOR THOSE EASEMENTS IN ACCORDANCE WITH MINN. STAT AND APPROVING THE APPRAISED VALUE OF EACH EASEMENT. 4. ADJOURNMENT MOTION TO ADJOURN.

2 THREE RIVERS PARK DISTRICT SPECIAL MEETING Meeting Date: 02/05/15 Business Item: Special Item Number: 3A Division: Planning, Design & Technology Originating Source: Jonathan Vlaming, Assoc. Supt. Agenda Item: Approval to Purchase Permanent Easements for Nine Mile Creek Regional Trail MOTION TO APPROVE PURCHASE OF THE FOLLOWING EASEMENTS FOR THE NINE MILE CREEK REGIONAL TRAIL: 1.) LIST OF PERMANENT AND TEMPORARY EASEMENTS WITH SIGNED AGREEMENTS AS OF FEBRUARY 5, The following information was prepared by Eric Nelson, Senior Manager of Engineering. Background: The Board authorized staff to acquire easements required to complete the Nine Mile Creek Regional Trail in Edina at its regular meeting on December 18, 2014, with the understanding that finalized permanent easements would be brought before the Board for approval at future meetings. Staff is in the process of obtaining agreements, and easement agreement status is expected to change significantly between publication of this action and the Board meeting on February 5 th. Consequently, staff will bring in a list of signed easement agreements at the February 5 th meeting for Board consideration of approval. Relationship to the Vision Plan The Request for Action supports the following element(s) of the Vision Plan: Inspire people to recreate Create vibrant places Relationship to the Policy Statement The Request for Action supports the following element(s) of the Policy Statement: Policy VI System/Master/Project Planning C. Project Plans Policy VII Land Acquisition B. Method of Acquisition Policy IX Recreation Use B. General Interest Recreation Activities

3 THREE RIVERS PARK DISTRICT SPECIAL MEETING Meeting Date: 02/05/15 Business Item: Special Item Number: 3B Division: Superintendent's Office Originating Source: Jeff Brauchle, General Counsel Agenda Item: Approval to Use Eminent Domain to Acquire Easements for Nine Mile Creek Regional Trail MOTION TO APPROVE RESOLUTION NO AUTHORIZING THE USE OF EMINENT DOMAIN TO ACQUIRE EASEMENTS ACROSS X PARCELS FOR THE EAST SEGMENT OF NINE MILE CREEK REGIONAL TRAIL IN THE CITY OF EDINA, APPROVING THE USE OF THE QUICK TAKE PROCEDURE FOR THOSE EASEMENTS IN ACCORDANCE WITH MINN. STAT AND APPROVING THE APPRAISED VALUE OF EACH EASEMENT. The following information was prepared by Jonathan Vlaming and Jeffrey Brauchle. Background: The Board authorized staff to acquire easements required to complete the Nine Mile Creek Regional Trail in Edina at its regular meeting on December 18, 2014, with the understanding that finalized permanent easements would be brought before the Board for approval at future meetings. Staff has negotiated face to face and at length with the owners of each of those parcels and has made firm offers for the easements. For various reasons (# of easements TBD) easements remain outstanding as of February 5, To date, the primary issues preventing agreements have been fair compensation, owner uncertainty, owners being out of town, and logistical issues between owners and creditors such as mortagees. Staff will continue to work to negotiate purchases of the needed land rights. To meet the requirements of the federal grant for this project, all land required for trail construction must be secured by June 1, Working backwards from that date, Three Rivers must commence eminent domain proceedings by February 28, These proceedings require considerable legal work which must be started no later than February 6 th to meet the critical deadlines. Eminent domain is an effective process for addressing fair compensation and project timing requirements. It is also an effective catalyst for reaching agreement with uncertain parties. Staff prefers to reach a negotiated solution whenever possible, but recognizes that at times, eminent domain is the tool needed to breach impasses that would otherwise halt a project. The City of Edina will consider approval of the use of eminent domain for trail easements at their February 3, 2015 Council meeting. An update on the outcome of that meeting will be provided at the February 5 th Board meeting.

4 The Board is being asked to approve a Resolution authorizing use of eminent domain. A draft of that resolution is attached (Reference 3B-1), but it does not contain a list of easements at this point since they are still in negotiation. Staff will bring forward an updated resolution that contains the easements that require authorization for use of eminent domain at the Board meeting for consideration of approval by the Board. Negotiations will continue throughout the eminent domain process, ideally obtaining all necessary agreements prior to filing in late February.

5 Reference 3B-1 DRAFT RESOLUTION NO A RESOLUTION APPROVING AND AUTHORIZING THE USE OF EMINENT DOMAIN FOR SEVEN PARCELS LOCATED IN THE EAST SEGMENT OF NINE MILE CREEK REGIONAL TRAIL IN THE CITY OF EDINA WHEREAS, the City of Edina (City) participated in and provided a Resolution of Support for the Nine Mile Creek Regional Trail (Trail) Master Plan on May 22, 2012; and WHEREAS, the City approved the final alignment for the Trail on July 15, 2014; and WHEREAS, it is anticipated that the City will enter into a Trailway Cooperative Agreement (Agreement) for the Trail with the Park District on February 3, 2015; and WHEREAS, the Agreement will require the Park District to acquire at Park District cost any additional non-public property rights as may be necessary to provide a continuous and contiguous Trail corridor where achievable through direct purchase; and WHEREAS, the Agreement will require the City to approve acquisition by Park District of said property rights and approve the use of eminent domain to obtain property rights if Park District is unable to acquire property through direct purchase; and WHEREAS, it is anticipated that the City will pass a resolution to approve acquisition by Park District of said property rights and approve the use of eminent domain to obtain property rights if Park District is unable to acquire property through direct purchase on February 3, 2015; and WHEREAS, at this time it is necessary to acquire X (X) permanent public trailway easements from a total of six (6) private property owners for the east segment of the Trail in order to provide a continuous and contiguous Trail corridor; and WHEREAS, the Park District is actively negotiating with the property owners with the intent to acquire property rights for the parcels described below through direct purchase; and Permanent Public Trailway Easements Updated resolution and list of parcels as of 2/5/15 to be provided at the Special Meeting Parcel Location Description

6 WHEREAS, failure to secure property rights for the aforementioned property jeopardizes the availability of a $6.16 Million Federal Surface Transportation Program Grant and ultimately the ability of the Park District to construct the Trail; and WHEREAS, the Park District will seek to obtain required property rights through eminent domain if it is unsuccessful obtaining said rights through negotiation and direct purchase; and WHEREAS, the appraisals have been prepared and provided to the owners of each property; and WHEREAS, the appraisal value of each property is as follows: List to be provided as of THEREFORE, BE IT RESOLVED, that the Park District, in accordance with Minn. Stat subd. b, approves the direct purchase of the aforementioned properties for the east segment of Nine Mile Creek Regional Trail, approves the appraisal value for each parcel identified in this resolution, and approves and authorizes the use of eminent domain to obtain property rights described in this resolution if direct purchase is not reasonably obtainable. Adopted this 5th day of February Three Rivers Park District, a public corporation and political subdivision of the State of Minnesota Dated: By: Its Chair Board of Commissioners Dated: By: Its Superintendent and Secretary to the Board