Resolution No. 2022-69 ROW for 53rd Ave. Safety Proj.
Resolution No. 2020-69
Authorizing the Acquisition of Right-of-Way Consistent with State Law for
rd
the 53 Avenue Safety Project
rd
Whereas, the City of Fridley (City), has completed concept plans for the 53 Avenue Safety
Turnabout Project within the City and Columbia Heights to address problems related to safety
and mobility (Project);
Whereas, the Project will provide the ability to separate eastbound and westbound traffic
through use of a continuous raised median in conjunction with a roundabout; and
Whereas, the City applied for and was successful receiving Highway Safety Improvement
Program (HSIP) federal funding for a portion of the Project; and
Whereas, on August 6, 2020, the Fridley City Council (Council) met jointly with the Columbia
Heights City Council to consider a Joint Powers Agreement to design and deliver the Project; and
Whereas, the City has included the Project in its Capital Investment Plan for construction in 2023;
and
Whereas, it is necessary to acquire certain real property interests for the Project, including
permanent and temporary partial acquisitions from properties adjacent to the current right-of-
rd
way of 53 Avenue N.E.; and
Whereas, the Council wishes to authorize negotiations to begin for property needed to
complete the Project; and
Whereas, the Council finds that it is reasonably necessary, proper, and convenient, and in the
interest of the general welfare that the City acquires an interest in the properties described in
Exhibit B attached hereto (Properties); and
Whereas, the Council finds that real interest in the Properties is required for the Project
construction before the filing of the final report of the condemnation commissioners to be
appointed by the district court can begin, should that step be necessary; and
Whereas, the City has engaged an independent real estate appraiser to provide the City with the
appraiser’s opinion of damages caused by the City’s acquisitions of the Properties.
Now, therefore, be it resolved, the following:
1. The concept layout is hereby accepted, and the preparation of final plans and
specifications are hereby authorized;
2. That the acquisition of the Properties is necessary and for a public purpose in furtherance
of the Project;
3. That staff and agents are authorized and directed to acquire the Properties needed for the
Project by voluntary negotiation and, if necessary, through the exercise of the power of
eminent domain;
4. That staff and agents are authorized and directed to make offers of compensation for the
Properties consistent with the independent appraisals, and to attempt to negotiate the
voluntary acquisition of the Properties;
5. That the City Attorney, is authorized and directed to take all steps necessary on behalf of
the City to acquire the Properties through eminent domain if they are not timely acquired by
voluntary negotiation, including filing an action in eminent domain and using the quick take
procedure under Minnesota Statutes (M.S.) § 117.042;
6. That the City Manager or their designee, is authorized to approve the appraised values
for the Properties if they determine that the independent appraisals adequately reflect the fair
market value thereof for the purposes of M.S. § 117.042.
th
Passed and adopted by the City Council of the City of Fridley this 13 day of June, 2022.
_______________________________________
Scott J. Lund – Mayor
Attest:
Melissa Moore – City Clerk