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.