Discussion:
The Capital Improvement Plan (CIP) for 2022 includes the Trunk Highway (TH) 169 Pedestrian Bridge Project CIF-22-002. This project includes the design, easement acquisition, and construction of a trail and pedestrian bridge across TH 169, creating a regional pedestrian connection across the state highway between the Southbridge neighborhood and Quarry Lake Park.
City staff are working with the city attorney and Henning Professional Services, Inc., to assist with acquiring easements for the project. Henning Professional Services is proceeding with their work and have provided a report for the needed easements to construct the pedestrian bridge and trail (see attached resolution with exhibits).
Authorization is now needed to make an offer of compensation to the respective landowner for the easements, consistent with the independent appraisal, while continuing to attempt to negotiate the voluntary acquisition of the easements. Authorization is also needed to direct the city's attorney to take all steps necessary on behalf of the city to acquire through eminent domain the easements that are not acquired by voluntary negotiation, including filing an action in eminent domain and using the quick-take procedure under Minnesota Statute §117.042.
Additionally, access to the property is needed in advance of obtaining the permanent easements for geotechnical work for the bridge design. Minnesota Statute §117.041 provides guidance and measures to obtain the rights to do so, accordingly. It should also be noted that the city already has rights to these areas as they are encumbered by a drainage and utility easement, but this easement does not necessarily provide specific rights needed for the site investigation needs for the bridge. Authorization for the right of entry resolution will ensure we obtain the legal rights if not granted directly by the property owner.