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May 2013 |
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Said City Attorney Mike Norton, "Once we get the appraisals on valuation, we can seek a court order for condemnation. The landowner will get what we had agreed on or what the court decides ... We're asking for an easement. We're not taking anyone's land. The level of interference is pretty minimal in my view. It's limited to only what we need." The city engineer said that the contractor is poised and ready to start. Ryan Contracting Company was awarded the bid in January.
April 22nd Council voted 5-0 on April 22nd to approve a resolution to authorize and direct the condemnation of easements on County Road 43. The two addresses were given as 8815 Co. Rd. 43 and 8925 Co. Rd. 43. Said City Attorney Mike Norton, "If we're not able to get voluntary agreements, we need to go to court. We need to keep this on schedule so the [sewer] contractor has the land to finish installing the pipe around the lake." Mr. Norton explained the issue on the first parcel is obtaining consent for an easement from the mortgage holders, not the owners, and this could create problems with clear title. The owners have agreed to the city's use of eminent domain. As reported above, the issue with the second parcel is in reaching an agreement on appraisal of the easement acquisition. "We have to have the city resolution available to maintain the schedule. The bottom line is that we need this land to complete the pipe for this property. If we didn't have this resolution, we couldn't go to court if we have to, and we're hoping we don't have to." Council met in Closed Session to discuss the condemnation of the property located at 8925 County Road 43.
CITY STREET IMPROVEMENT DISTRICTS VICTORIA NOT SUPPORTIVE OF SUCH LEGISLATION After some discussion about proposed legislation that would authorize the establishment of Municipal Street Improvement Districts, council did not formally support nor disapprove of the creation of such districts. Mayor Tom O'Connor had made a motion of support but it failed for lack of a second. As reported, a Street Improvement District is defined as a geographical area designated by a municipality and located within the municipality within which street improvements and maintenance may be undertaken and financed. City Manager Don Uram introduced the issue. "It would allow us to designate a specific area where we would be allowed to set a certain level of fees. We've identified street needs [in Victoria] in excess of $10 million. This legislation is enabling, but you are under no obligation to do it." It was also reported that fees paid by residents under a Street Improvement District would be deductible just as property taxes are deductible. This tool could be used to mitigate or eliminate the need for special assessments. Said City Engineer Cara Geheren, "The League of Minnesota Cities has been working on this ever since I've been an engineer. The language for special assessments is messy. We've been very lucky in Victoria, that it's worked. About the proposed legislation, she said, "It's much easier, less messy. It seems more fair ... It's a local control issue. So many things are underfunded." Agreed City Attorney Mike Norton, "It really cleans up a lot of ambiguities. It would be a simpler process. If this goes through, we don't have to use it, as Cara indicated. It takes a lot of the legal challenges out of the process. I recommend you seriously consider the resolution." Said Mayor O'Connor, "It almost seems like a no-brainer. Where is the opposition?" Replied Mr. Norton, "Change is difficult. It's a typical resistance to change. But it's a more open transparent process which would lead to essentially the same kind of projects we have today. It spreads the costs a little more equitably." Said Councilmember Joe Pavelko, "I see this as another tax, not another tool." Councilmember Jim Crowley saw the possibility of residents getting doubly assessed because of double benefit. Mayor O'Connor gave the example of Woodstone Drive in Deer Run. When the road was improved, adjacent neighbors were assessed, and yet the street is much used and needed by others in Deer Run to access their own property. However, the motion to support legislation that would allow the creation of Municipal Street Improvement Districts was not supported by the Council.
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