2000 HRA Resolution 0773
HRA RESOLUTION NO. 773
AUTHORIZING ENTRY FOR ENVIRONMENTAL TESTING
PRIOR TO COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS
WHEREAS
, the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota (the "HRA") is a housing and redevelopment authority duly constituted and
organized under law, with all of the powers enumerated in Minnesota Statutes, Sections
469.001 to 469.047 (the "Act"); and
WHEREAS
, the City of Richfield has adopted a redevelopment plan for the Richfield
Redevelopment Project Area which includes a project area known as the Interchange
West project area; and
WHEREAS
, the HRA has entered into a contract for private redevelopment of land
lying within the Interchange West project area, which requires that either the developer of
the HRA acquire certain lands for redevelopment; and
WHEREAS
, the real estate located at 7626-7644 Knox Avenue South and which is
legally described on the attached Exhibit A (“Subject Property”) is one of the parcels of real
estate that must be acquired for the redevelopment project contemplated by the contract
for private redevelopment; and
WHEREAS
, Minnesota Statutes, Section 117.041, subdivision 2 authorizes the
HRA to enter onto property for purposes of conducting certain environmental investigation
prior to the commencement of eminent domain proceedings, if (a) the HRA has reason to
believe that acquisition of the property may be required pursuant to eminent domain
proceedings, (b) the HRA has reason to believe that a hazardous substance, pollutant or
contaminant is present on the property or that a release of a hazardous substance,
pollutant or contaminant may have occurred or is likely to occur; and (c) entry on the
property for environmental testing is rationally related to health, safety, or welfare concerns
of the HRA in connection with eminent domain proceedings; and
WHEREAS
, the HRA’s developer has been unable to reach a negotiated
agreement for the purchase of the Subject Property, and it appears that the HRA may
need to acquire the Subject Property by eminent domain proceedings; and
WHEREAS
, a portion of the Subject Property previously was occupied by a
chrome-plating business; and
WHEREAS
, the owner of the Subject Property has verified that the Subject Property
was contaminated with chromium, which is a hazardous substance; and
WHEREAS
, metal finishing businesses are commonly associated with the presence
of other hazardous substances, including trichloroethene (TCE), mercury, barium, silver,
cadmium, lead, nickel, arsenic and selenium; and
WHEREAS
, HRA staff has requested that the owner of the Subject Property permit
the HRA and its consultants to enter the Subject Property for the purpose of performing
soil borings and related sampling and testing to attempt to determine whether any
contamination continues to exist and the extent of any such contamination; and
WHEREAS
, as of the date of this resolution the owner of the Subject Property has
not granted permission to the HRA and its consultants to undertake such activities upon
the Subject Property; and
WHEREAS
, the HRA may incur liability under state or federal law for conditions of
contamination present on the Subject Property if the HRA does not attempt in a reasonably
prudent manner to investigate the environmental condition of the Subject Property; and
WHEREAS
, the HRA desires to be as well informed as possible concerning the
extent of any possible contamination present on the Subject Property prior to negotiations
concerning the possible purchase price for the Subject Property and prior to
commencement of eminent domain proceedings.
NOW, THEREFORE, BE IT RESOLVED
by the Housing and Redevelopment
Authority in and for the City of Richfield, as follows:
1.The HRA Commission hereby finds that acquisition of the Subject Property in
eminent domain proceedings may be required.
2.The HRA Commission finds that the Subject Property was the site of chromium
contamination, according to the property owner, and the HRA further has reason to believe
that one or more additional hazardous substances be present on the Subject Property,
based upon the past usage of the Subject Property.
3.The HRA Commission finds that entry upon the Subject Property for environmental
testing is rationally related to health, safety, or welfare concerns of the HRA in connection
with possible eminent domain proceedings.
4.The HRA ratifies the actions of the HRA staff in serving notice upon the owner of
the Subject Property requesting permission to enter, as required by law. If the property
owner refuses to consent to the entry within the time provided in the notice, the HRA
attorney is authorized to apply for a court order authorizing the entry and the removal of
any sample or portion from the Subject Property as provided by law.
5.The HRA staff, consultants and attorney are directed to require that any HRA
employees or consultants who enter the Subject Property do no unnecessary damage to
the Subject Property and comply with applicable requirements of Minnesota Statutes,
Section 117.041, subdivision 2.
Adopted by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 21st day of August, 2000.
________________________________
Thomas E. Harms, Chair
ATTEST:
______________________________
Michael Sandahl, Secretary
EXHIBIT A
Legal Description of Subject Property
The North 124.00 feet of the South 302.00 feet of Tract A, Registered Land Survey No.
618, County of Hennepin
And
The South 178.00 feet of Tract A, Registered Land Survey No. 618, County of Hennepin