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122892 EDAOFFICIAL FILE COPY CITY OF NEW HOPE EDAAGE#DA EDA Regular #eeting #13 Agenda #14 President Edward J. Erickson Commissioner W. Peter Enck Commissioner Gary L'Herault Commissioner Gerald Otten Commissioner Narky Williamson December 28, 1992 2. 3. 4. Call to Order Roll Call Approval of Minutes of October 26, 1992 Resolution Authorizing Commencement of Eminent Domain Proceedings to Acquire Partial Property at 5425 Boone Avenue North (Project #493) Adjournment Approved EDA Minutes Meeting # CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 October 26, 1992 CALL TO'ORDER ROLL CALL APPROVE MINUTES EDA RESOLUTION 92-07 Item 4 EDA RESOLUTION 92-07 OTHER BUSINESS Bus Shelter New Hope EDA Page I President Erickson called the meeting of the Economic Development Authority to order at 8:03 p.m. Present: Absent: Erickson, L'Herault, Otten, Williamson Enck Motion was made by Commissioner Otten, seconded by Commissioner Williamson, to approve the EDA minutes of September 28, 1992. All present voted in favor. Motion carried. President Erickson introduced for discussion Item 4, Resolution Authorizing Commencement of Eminent Domain Proceedings to Acquire Property at 7516 42nd Avenue North, New Hope, Minnesota (#494). Mr. Donahue reported that acquisition of the property by eminent domain is necessary to ensure the City's protection agains responsibility for soil and ground water contamination cleanup costs. Commissioner L'Herault introduced the following resolution and moved its adoption: "RESOLUTION AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE PROPERTY AT 7516 42ND AVENUE NORTH, NEW HOPE, MINNESOTA {#494)'. The motion for the adoption of the foregoing resolution was seconded by Commissioner Williamson, and upon vote being taken thereof; the following voted in favor thereof: Erickson, L'Herault, Otten, Williamson; and the following voted against the same: None; Abstained: None; Absent: Enck; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the city clerk. Councilmember Williamson inquired whether staff has received a response from Mr. Swanberg as a result of Shari French's correspondence to him regarding the wind break. Mr. Donahue stated the Citizen Advisory Commission recommended that the City take no action to build bus October 26, 1992 Mayor's Breakfast ADgOURNHENT shelters as it would set a precedent. He stated the School District was contacted regarding the bus route, etc. and the School Board would not recommend undertaking the building of shelters. The Citizen Advisory Commission recommended planting trees to provide some relief. He noted if bus shelters were built maintenance would become an issue. Councilmember Williamson questioned whether the homeowner could be responsible for maintenance. Mr. Donahue stated if it was placed on private property that would be possible. He stated design issues would be of concern as well the anchoring method. He stated if the Council desires to pursue a shelter, the Building Official would be asked to provide input. Councilmember L'Herault recalled Mr. Swanberg offering to build an attractive and durable shelter. Councilmember Williamson indicated she felt it is not an unreasonable request and suggested that staff contact Mr. Swanberg to further discuss it. Councilmember Otten announced the first Mayor's Breakfast taking place on Friday, October 30th, and invited interested persons to obtain tickets through City Hall. Motion was made by Commissioner Williamson, seconded by Commissioner L'Herault, to adjourn the meeting as there was no further business to come before the EDA. All voted in favor. The New Hope Economic Development Authority adjourned at 8:10 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope EDA Page 2 October 26, 1992 ~ REQUF~T FOR ACTION Originating Department Approved for Agenda Agenda Section Manager 12-28-92 Item No. t~hy:Dan Donahue t3y: 4 RESOLUTION AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE PARTIAL PROPERTY AT 5425 BOONE AVENUE NORTH (PROJECT #493) This resolution will authorize condemnation of the Lee property as outlined in the attached letter from the City Attorney. Staff recommends approval. / / Review: Administration: Finance: RFA-O01 ~ DEC--22--92 TUE 15 : 58 CORR I CK ~ SONDRALL P . 04 EDA RESOLUTION 92- RESOLUTION AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE PARTIAL PROPERTY AT 5425 BOONE AVENUE NORTH _WHERE.AS, the Economic Development Authority in and for the City of New Hope (hereafter EPA) adopted Resolution No. 92-04, Beso]ut ~on Aut. hor~z..~n.~ C..ommenc_em_ent o.f Em_~nent D_omain P..roca..ect~ _t.o Acquire Prqperty...a__t 5501 Boone Avenue North at its June 22 1992 meeting, and ' WH~..RE~, said Resolution No. 92-04 attached hereto as Exhibit A is by this reference incorporated herein as if it were fully set forth herein, and ~HERE~$, the EDA does hereby determine that the following described &ddttional property ~s also necessary to carry out the goals and objectives of Tax Increment F~nancing Plan 82-1, Redevelopment Project 82-1, and Redevelopment Plan 82-1, said property being included in the plan and project area by a 1992 amendment to the plan and project area: The north 75 feet of the north 300 feet of the south 639.$8 feet (as measured along the East and West lines thereof) of Lot 2, Block 2, Science Industry Center, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County. Subject to utility easements shown the plat. and WHEREAS, the Economic Development Authority in and for the City of New Hope does hereby determine that the acquisition of this property is reasonably necessary and convenient tO the furtherance of the goa~s and objectives of the redevelopment plan and redevelopment project, and that in its judgment the acquisition of this property will be for the benefit of the public health, welfare and safety of the citizens of New Hope, and WHEREA~, Mi___nn.~ Stat. §~69.101, Subd. 4 gives the Economic Development Authority in and for the City of New Hope the authority to acquire property by power of eminent domain under Minn. Stat, Chapter 117, including the power of acquiring possession of the property per the "quick-take" provisions of §117.042, if necessary to carry o~t the redevelopment p~an and redevelopment project, and D E C-- 2-:::'--'c_:_:_~2 T U I~- 1 5 .' :~;'$ cO R I;~ ~ CK ~ $O N~[I R A L L P . ~, the Economic Development Authority in and for the City of New Hope has determined it is necessary to acquire thts property by eminent domain proceedings, and WHEREAS, said redevelopment plan and redevelopment project were established under the authority of Minn~ Stat, Chap. 462 pursuant to various studies undertaken by the City of New Hope which have shown that certain redevelopment activities in the plan area are warranted and would not have occurred through private development alone. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1, That the Executive Director is hereby directed and authorized to acquire by direct purchase or if direct purchase is unsuccessful to commence eminent domain proceedings'under ~ Stat. Chapter 117 to acquire the property at 5425 Boone Avenue North in the City of New Hope~ legally described as follows= The north 75 feet of the north 300 feet of the south 839.88 feet (as measured along the East and West lines thereof) of Lot 2, Block 2, Science Industry Center, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County. Subject to utility easements shown the plat. 2. That the Executive Director is further directed to utilize the "quick-take" procedure per Minn. Stat. §117.042 if in the judgment of the Executive Director it is necessary to acquire possession of the property prior to the conclusion of the eminent domain proceedings. 3. That the Executive Director is hereby directed and authorized to obtain additional appraisals necessary to establish fair market value and just compensation for said property in preparation for said eminent domain proceedings. Adopted by the Economic Development Authority in and for the City of New.-Hope this day of lgg2 Attest: Edw. J. Erickson, President Daniel J. Donahue, Executive O{rector .1) E C-- 2 2_--'D 2 T U E 1 5 : ~ 7 C 0 R R I C K & S 0 N I) R ~ ~_ L P . 0 2 CORRICK & SONDRALL F-xB~burgh F. xecuUve Office Pla.~t 8525 Edlnbrook Crossing $ulte Brooklyn Park, Minnesota 55443 TELEPHONE [~12) 42&.K~F/I lAX ($~2) December 22, 1992 Dante1 J. Donahue City Manager City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE; Acquisition of Lee Property/5425 Boone Avenue North Our F~le No. 99,53010 Dear D~n: As we discussed, enclosed is a proposed Reso]ution authorizing condemnation of the Lee property as part of the North Ridge Adult Day Care Facility. On June 22, 1992, the EDA adopted Resolution No. 92-04 authorizing eminent domain proceedings to acquire the Doyle property at 550i Boone. Apparently, we need 75 feet of the Lee property to do the project. The enclosed Resolution gives us the authority to obtain this additional property. The next step will be to file a petition and schedule a court hearing to approve the public purpose for the taking, appoint Commissioners and approve "quick-take". We will also need appraisals and ! recommend we use Brad Bjorklund for the appraisals. Please keep in mind that the quick-take procedure will take at 3east 90 days and maybe longer by the time court scheduling is taken into consideration. ! suspect we wi13 be able to get possession of the property by April 1, 1993. D E C-- 22-- 92 T U E :1. 5 ~ ::~ ~ ~ --~ ON D R 14 LII P Ur. Daniel d. Donahue December 22, 1992 Page 2 P3ease contact me Very truly yours, St even A. slt2 Enclosure cc'. Sondral 1 Valerie Leone, Kirl< McDonald, if you have City Clerk Management any questions.