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HomeMy WebLinkAbout2019-037 (use of Eminent Domain to acquire Fee Title from private property owners as required for public parking ) RESOLUTION NO. 2019-037 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE USE OF EMINENT DOMAIN TO ACQUIRE FEE TITLE FROM PRIVATE PROPERTY OWNERS AS REQUIRED FOR PUBLIC PARKING PURPOSES WHEREAS, the City of Stillwater (the "City") is a charter city of the State of Minnesota with all the powers of a charter city duly organized and existing under the laws of the State of Minnesota; WHEREAS,Joleen Bourdaghs and Carol Eggers own two lots in the City, located at 121 Chestnut Street East and legally described on the attached Exhibit A (the "Property"), upon which they own and operate Shorty Cleaner Launderer, Inc., a Minnesota corporation; WHEREAS, for several years the City staff has been analyzing the City's parking needs,specifically including the two parcels of Owners' Property, as well as future needs for the best and most efficient use of parking facilities for tourism and customers of downtown businesses; WHEREAS, the City's 2040 Comprehensive Plan, which is currently under public review and comment and is expected to be adopted later this year, recognizes that "sufficient downtown parking that is easily accessed, well signed and convenient, is necessary for the success of retail, offices, services, tourism, and community events" and also identifies as a transportation policy the improvement of parking in and around commercial areas in order to address current parking challenges; WHEREAS, the City's 2040 Comprehensive Plan also recognizes that one of the greatest challenges for the downtown area of the City of Stillwater is that parking is often insufficient for the City's needs during events; WHEREAS, there is an acute need for public parking in the City, resulting in the immediate need to expand the existing City Parking Lot 16 to meet the demands of the downtown businesses and expanding tourism, for the good of the City; 1 WHEREAS, the City's 2040 Comprehensive Plan specifically identifies the Property as proposed additional public parking to expand the adjacent City Parking Lot 16; WHEREAS,whereas the City has considered future parking needs of the City and has determined and concluded that the use of the Property described in Exhibit A,located adjacent to the existing City Parking Lot 16, as additional surface parking or structure presents opportunities and efficiencies which are superior to other possible sites which have been considered; WHEREAS, in accordance with the City's 2040 Comprehensive Plan, the City is preparing plans to provide for additional surface parking in the Commercial Business through expansion of the existing City Parking Lot 16, which plans include the Property (the "Project"); WHEREAS, as a result of the need to improve the parking opportunities within the City, the City has determined that it is necessary and for a public purpose and that it would be in the best interest of the City and its taxpayers for the City to acquire fee title to the Property in order for the City expand the existing City Parking Lot 16 to create additional parking to accommodate the needs of tourism and businesses; WHEREAS, the City will be assisted by its property acquisition consultant for the direct purchase of the Property and relocation assistance, services, payments, and benefits to any person displaced by a public project; WHEREAS, if the City (and its consultants) are unable to acquire the Property by direct purchase, the City desires to gain title and possession through the use of the eminent domain process; WHEREAS, prior to initiating eminent domain procedures, the City will comply with the statutory appraisal copy disclosure, notice of property owner appraisal rights, appraisal cost reimbursement, and good faith negotiation requirements of Minn. Stat. §117.036; WHEREAS, Minn. Stat. §117.042 provides the City with the authority to gain title and possession of the Property following a 90-day notice period. This statute is commonly referred to as the "quick take" statute. If a condemning authority does not utilize the "quick take" statute, the title and right of possession to the Property would 2 only transfer to the City following the settlement of the Property in a valuation case, which can extend over a multi-year period; WHEREAS, the City's ability to advertise and receive bids for the Project on a timely basis would be affected unless it utilizes the "quick take" statute. Therefore, the 90-day "quick take" procedure must be utilized: a) to allow the City to award concurrent and reasonably economical contracts for the Project; b) to best capitalize on potential bid prices; and c) to meet the Project construction schedule and avoid the need for extended property acquisition takings; and WHEREAS, the City staff recommends that the Stillwater City Council authorize the use of the City's power of eminent domain for the acquisition of the Property described on Exhibit A as required for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE STILLWATER CITY COUNCIL: 1. That the Stillwater City Council hereby determines that there is an acute need for public parking in the City, resulting in the immediate and urgent need to expand the existing City Parking Lot 16 to meet the demands of the downtown businesses and expanding tourism, for the good of the City; 2. That the Stillwater City Council hereby determines that is in the public interest and necessary to acquire fee title to the Property for the expansion of existing public City parking facilities to meet immediate demand for additional public municipal parking space needs and to meet the needs of downtown businesses and promotion of tourism. 3. That the City Council hereby authorizes the use of eminent domain for the acquisition of fee title as shown in Exhibit A as required for the Project. 4. That the City Council hereby determines that in order to allow the City the maximum flexibility in fully and efficiently using the Property for municipal parking purposes, it is necessary to proceed pursuant to Minn. Stat. §117.042 to acquire the fee simple interest in the Property. 5. That the City Council finds that a 90-day "quick take" is required pursuant to Minn. Stat. §117.042: a) to allow the City to award concurrent and reasonably economical contracts for the Project; b) to best capitalize on potential bid prices; and c) to meet the Project construction schedule and avoid the need for extended temporary easement takings. 3 6. That Minn. Stat. §117.52 authorizes an acquiring authority as a cost of acquisition, to provide relocation assistance, services, payments, and benefits to any person displaced by a public project. 7. That the City Council hereby authorizes the City to engage a development and relocation consultant to assist the City in providing relocation services as required by statute and to provide all appropriate relocation assistance and services to any persons displaced as a direct result of the City's acquisition of the Property. 8. That the City Administrator, City Attorney and/or City consultants are directed to continue good faith settlement negotiations with the Property owners; and, the City Administrator and City Attorney are authorized to take the necessary action pursuant to Minnesota Statutes, Chapter 117, to acquire the property rights required for the Project. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of March, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: (:__1,":2 7" ///,', -(7 Beth Wolf, City Clerk 4 EXHIBIT A PID #28.030.20.41.0082 The East 49 feet of Lot 1, and the East 49 feet of the North 1/2 of Lot 2, Block 30, Original Town (now City) of Stillwater, excepting therefrom that part of Lots 1 and 2 of Block 30 of the original Town (now City) of Stillwater, described as follows: Beginning at a point on the south line of Chestnut Street 49 feet 6 inches east of the NW corner of said Lot 1, and running thence South on a line parallel with the West line of said Lots 1 and 2, 65 feet; thence East at right angles with said last mentioned line 6 inches; thence south on a line parallel with the West line of said Lots 1 and 2, 35 feet to a point on the South line of said Lot 2; thence East on the south line of said Lot 2, 25 feet; thence north on a line parallel with the West line of said Lots 1 and 2, 21 feet; thence East on a line parallel with the North line of said Lot 1, 26 feet; thence North on a line parallel with the West line of said Lots 1 and 2 to the south line of Chestnut Street; thence West along the South line of Chestnut Street to the place of beginning. AND The East 75 feet of the South 1/2 of Lot 2, Block 30, Original Town (now City) of Stillwater, excepting therefrom that part of Lots 1 and 2 of Block 30 of the Original Town (now City) of Stillwater, described as follows: Beginning at a point on the south line of Chestnut Street 49 feet 6 inches east of the NW corner of said Lot 1, and running thence South on a line parallel with the West line of said Lots 1 and 2, 65 feet; thence East at right angles with said last mentioned line 6 inches; thence south on a line parallel with the West line of said Lots 1 and 2, 35 feet to a point on the South line of said Lot 2; thence East on the south line of said Lot 2, 25 feet; thence north on a line parallel with the West line of said Lots 1 and 2, 21 feet; thence East on a line parallel with the North line of said Lot 1, 26 feet; thence North on a line parallel with the West line of said Lots 1 and 2 to the south line of Chestnut Street; thence West along, the South line of Chestnut Street to the place of beginning. AND The East 100 feet of the North 1/2 of Lot 3, Block 30, Original Town (now City) of Stillwater, Washington County, Minnesota. PID #28.030.20.41.0081 All that part of Lots 1 and 2 of Block 30 of the Original Town (now City) of Stillwater, described as follows: Beginning at a point on the South line of Chestnut Street, 75 feet east of the NW corner of said Lot 1 and running thence South on a line parallel with the West line of said Lots 1 and 2, 79 feet; thence East at right angles with said last mentioned line 26 feet; thence North on a line parallel with the west line of said Lots 1 and 2, 79 feet to the south line of Chestnut Street; thence West 26 feet along the south line of Chestnut Street to the place of beginning. AND All that part of Lots 1 and 2 of Block 30 of the Original Town (now City) of Stillwater, described as follows: Beginning at a point on the south line of Chestnut Street 49 feet 6 inches east of the NW corner of said Lot 1, and running thence South on a line parallel with the West line of said Lots 1 and 2, 65 feet; thence East at right angles with said last mentioned line 6 inches; thence south on a line parallel with the West line of said Lots 1 and 2, 35 feet to a point on the South line of said Lot 2; thence East on the south line of said Lot 2, 25 feet; thence north on a line parallel with the West line of said Lots 1 and 2, 21 feet; thence East on a line parallel with the North line of said Lot 1, 26 feet; thence North on a line parallel with the West line of said Lots 1 and 2 to the south line of Chestnut Street; thence West along the South line of Chestnut Street to the place of beginning, Washington County, Minnesota.