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RESOLUTION NO. 958
AUTHORIZING EMINENT DOMAIN PROCEEDINGS
TO ACQUIRE CERTAIN PROPERTY
FOR REDEVELOPMENT PURPOSES
WHEREAS, the Board of Commissioners is the official governing body of the Housing
and Redevelopment Authority in and for the City of Richfield ("HRA"); and
WHEREAS, the HRA is a public body corporate and politic under Minnesota law and is
authorized by law to acquire real estate which it may deem necessary for its purposes, after a
public hearing and adoption by it of a resolution declaring that the acquisition of the real
property is necessary; and
WHEREAS, the real estate which is legally described in Exhibit A attached hereto
("Subject Property") is located in the northeast comer of Richfield in the Cedar Point Area which
is made up of nine full or partial city blocks, comprising one hundred properties, bounded by 63rd
Street on the north, 66th Street on the south, 17th Avenue on the West, and Trunk Highway 77 on
the east, all of which is within the Richfield Redevelopment Plan Project Area; and
WHEREAS, the Richfield Redevelopment Plan was approved by the Board of
Commissioners of The Housing and Redevelopment Authority for the City of Richfield (HRA)
on May 17, 1993 (in its Resolution No. 476), determined to be consistent with the City's
comprehensive plan by the City's Planning Commission on May 23, 1993, and approved on
June 14, 1993 by the City Council of the City of Richfield (in its Resolution No. 8030); and
WHEREAS, the Governor's Airport Community Stabilization Funding Task Force was
created by the 1999 Minnesota Legislature in response to the need to identify and recommend
funding sources to implement noise mitigation measures resulting from the expansion of
Minneapolis-St. Paul International Airport (MSP) and included representatives from the
Governor's office, Minnesota Department of Trade and Economic Development, the
Metropolitan Airport Commission, Minnesota Department of Finance, Federal Aviation
Administration, Metropolitan Council, and the cities of Minneapolis, Richfield, Bloomington,
Eagan and Burnsville; and
WHEREAS, the Governor's Task Force Report found that the City of Richfield is located
in unique proximity to the new North/South (17/35) Runway which at that time was already
under construction at MSP; and
WHEREAS, in Laws of 1999, ch. 243, Article 16, ~ 35, subd. 1, the Minnesota
Legislature established an Airport Impact Zone which includes that part of the City of Richfield,
lying east of Bloomington Avenue, between the north city limits and the south city limits,
encompassing approximately 50 blocks of residential and light commercial uses along
Richfield's east border and stated:
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Subd.2. AIRPORT IMPACTS DEFINED. The legislature finds that:
(1) the area included within the airport impact zone defined under this
section will experience significant and unique adverse environmental and
socioeconomic impacts directly associated with the operation of the Minneapolis-
St. Paul International Airport; ...
(3) appropriate measures to mitigate those adverse impacts include but are
not limited to housing replacement activities; and
(4) the state legislature has authorized the expansion of the Minneapolis-
St. Paul International Airport in order to accommodate the future economic
growth of the state. The environmental quality board has adopted findings that
identify the need to make land uses in the area identified in subdivision 1
compatible with airport uses.
WHEREAS, the Cedar Point Area is entirely within the Airport Impact Zone established
by the Legislature in Laws of 1999, ch. 243, Article 16, ~ 35; and
WHEREAS, the Governor's Task Force Report stated that it anticipated that the new
North/South (17/35) Runway will cause low frequency aircraft noise impacts upon adjacent
communities. The Governor's Task Force Report characterized low frequency noise as the
rumbling sound associated with powerful engines caused by acceleration of aircraft during take-
off and use of reverse thrust for deceleration on landing. Aircraft on the runway during take-offs
and landings generate significantly more low frequency noise, or low rumbling sounds, than do
aircraft in flight. This low frequency noise is capable of causing rattling, shaking, and vibrations
in windows, walls, and objects in homes. The Governor's Task Force Report further stated that
low frequency noise energy is radiated more strongly to the rear and side of the aircraft and can
propagate over considerable distances without being reduced as much as higher frequency sound
energy; and
WHEREAS, the Governor's Task Force Report predicted that the new MSP North/South
Runway would generate 300-400 jet airplane operations daily (one every 3.6 minutes, lasting as
long as 30-45 seconds per flight) and that these jet airplane operations are expected to create
audible rattling inside residences in eastern Richfield, including some residences that had
undergone acoustical insulation treatments for over flight noise. This Report stated that "Studies
have shown that there is no meaningful difference in low frequency noise reduction in homes
that have received standard over-flight acoustic treatment vs. homes that have received no sound
insulation." The Report concluded that "it is clear that low frequency noise cannot be mitigated
in the same fashion as higher frequency noises"; and
WHEREAS, the City of Richfield expressed concern to the Governor's Task Force that
the residents and businesses that are located near the new North/South (17/35) Runway would
find the increased noise to be intolerable and would eventually want to move. The City was
concerned that the more annoyed residents became from the increased noise, the faster they
would leave the area in search of quieter neighborhoods elsewhere. As a result, the City advised
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the Task Force that degradation of the neighborhood seemed inevitable: maintenance and home
improvements would become a low priority and residents would begin selling their homes
realizing they would likely have to sell at a loss. As the quality of life and the values of the
homes in the area continued to decline, more and more residents would sell their homes at even
lower prices in hopes of leaving a rapidly deteriorating neighborhood before it would be too late;
and
WHEREAS, in order to prevent this degradation of the Airport Impact Zone from
occurring, the Task Force Report stated that the City of Richfield proposed to buyout the
residential and business properties within the Airport Impact Zone to redevelop the area into
commercial and residential uses that would be more compatible with the neighboring airport. By
doing so, the City could control the types of development that occur within the Airport Impact
Zone and ensure that the Redevelopment of the area is consistent with airport use. More
importantly, the City might prevent the area from further deterioration. This change in land use
is consistent with Metropolitan Council Aviation Guide land use guidelines; and
WHEREAS, the Low Frequency Noise Policy Committee was formed as part of a
December 18, 1996 agreement between the City of Richfield and the Metropolitan Airports
Commission. That agreement arose out of the City's concern regarding the potential impact of
low frequency noise from the new North/South (17/35) Runway on the established residential
neighborhoods in east Richfield. Deliberations of the Low Frequency Noise Policy Committee
revealed that the North/South (17/35) Runway is part of MAC's 2010 expansion plan, the new
runway is scheduled to become operational in late 2005, and that the new runway is 8000 feet
long, carrying up to 300 to 400 daily operations; and
WHEREAS, the Low Frequency Noise Policy Committee reviewed previous noise
studies pertaining to operations at other airports around the country, conducted their own studies,
convened an expert panel to provide technical input, and presented recommendations regarding
the appropriate noise metric, compatibility standards, and recommended mitigation programs,
measures, or techniques. The Low Frequency Noise Policy Committee Report (the "FLNPC
Report"), noted that both the u.S. Department of Housing and Urban Development (HUD) and
the Federal Aviation Administration (FAA) identified the >75 decibel noise level as the "level
above which residential use is not compatible"; and
WHEREAS, with respect to the Cedar Point Area, the FLNPC Report found that the
average exterior Low Frequency Sound Level (LFSL) would be >87 decibels. The LFNPC
Report indicated that available treatment methods to reduce rattle were not adequate, and that
treatment methods to decrease interior LFSL by at least 10 decibels were "probably not
economically feasible" for existing residential development. For those areas in the >87 decibel
contour, the LFNPC Report recommended that this area not be developed for residential use
(Table 3 and Recommendation #4 of the LFNPC Report). Recommendation #7 of the LFNPC
Report recommended that "land use conversion be used as the preferred method of mitigation in
residential neighborhoods inside of the 87 dB contour." Furthermore, recommendations #8 and
#9 of the LFNPC Report called for the adoption of the Policy Contour Runway map and a map
illustrating the blocks depicted to be impacted by three levels of noise decibels, wherein these
designations were to be used in the application of the proposed mitigation measures; and
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WHEREAS, in summary, the LFNPC Report concluded that treatment to reduce rattle
from the >87 dB noise level was "probably not fully adequate" and recommended that "land use
conversion be used as the preferred method of mitigation in residential neighborhoods inside of
the 87 dB contour" (thus including the Cedar Point Area); and
WHEREAS, based on the previous decibel level studies that concluded that the noise
from the proposed North/South (17/35) Runway would be incompatible with the adjacent
predominantly residential land uses, in 1999 the City of Richfield adopted a modification to the
redevelopment plan for the Richfield Redevelopment Project Area that expanded its
redevelopment project area boundary to include the Airport Impact Zone extending to Trunk
Highway 62 to the north and Trunk Highway 77 to the east. Since the Redevelopment Project
Area was expanded in 1999, additional studies were completed in 2000 by the Low Frequency
Noise Policy Committee (described above) which produced a revised low frequency sound level
contour map defining a >87 dB level for the easternmost area of the Airport Impact Zone which
includes the Cedar Point Area; and
WHEREAS, in February, 2004, the HRA contracted with JLG Architects to prepare a
new land use master plan based on these new parameters. The Cedar Avenue Corridor
Redevelopment Concept Master Plan was approved by the HRA on October 18, 2004, by the
Planning Commission on November 22, 2004, and by the City Council on January 25, 2005.
The Master Plan will take 12-15 years to be fully implemented. The first phase of the Master
Plan is the Taft Park Greenway, bounded by Taft Park on the north, 66th Street on the south, 16th
A venue to the west and Trunk Highway 77 to the east. This area includes the Cedar Point Area.
In the Cedar Point Area, the Master Plan continues to identify regional retail as the preferred use;
and
WHEREAS, on July 26, 2004, based on the Cedar Avenue Corridor Redevelopment
Concept Master Plan, the Planning Commission amended the City's Comprehensive Plan to change
the designation of properties in the Cedar Point Area from Single Family Residential, Single Family
Residential High Density, and Community Commercial to Regional Commercial/Office;
WHEREAS, on September 16, 2004, based on the Cedar Avenue Corridor Redevelopment
Concept Master Plan, the City Council held a public hearing and adopted a resolution changing the
designation of properties in the Cedar Point Area from Single Family Residential, Single Family
Residential High Density, and Community Commercial to Regional Commercial/Office;
WHEREAS, on November 1,2004, the City received notice from the Metropolitan Council
that administrative approval was granted to the Comprehensive Plan amendment and that no further
formal action by the Metropolitan Council (or City Council) was needed to effectuate the
Comprehensive Plan amendment;
WHEREAS, in 2000 the City received a grant in the amount of $5,000,000 (representing
over 6% of the required acquisition funds) from the Minnesota Legislature to acquire properties in
the low frequency noise area. Since 2000, the City also received a grant in the amount of
. $10,000,000 from MAC (on behalf of the federal government) to acquire homes in the low
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frequency noise area. In 2005, the City received a grant in the amount of $2,000,000 from
Hennepin County to continue acquisition of properties in the low frequency noise area. Through all
of these funding sources, the City has acquired 52 single-family homes, 5 apartment buildings
(containing 72 units) and 28 commercial buildings in the low frequency noise area.
WHEREAS, in 2005, the HRA retained Dan Cornejo of Cornejo Consulting to evaluate the
extent to which blighting conditions are present within the Cedar Point Area. The resulting report,
entitled "Blight Assessment Report, Richfield Redevelopment Project Area Modification, Cedar
Point Area, Richfield, Minnesota, June 3, 2005 ("Blight Assessment Report") details the conditions
present in the Cedar Point Area and the extent to which they constitute blight.
WHEREAS, Minn. Stat. S 469.002, subd. 11 defines "Blighted area" as follows:
"Blighted area" means any area with buildings or improvements which, by reason of
dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation,
light, and sanitary facilities, excessive land coverage, deleterious land use, or obsolete
layout, or any combination of these or other factors, are detrimental to the safety, health,
morals, or welfare of the community.
WHEREAS, Minn. Stat. S 469.028, subd. 3 further defines "blighting conditions" to
include:
Open, undeveloped, unused, or inappropriately used lands with unusual and difficult
physical characteristics of the ground, the existence of faulty planning characterized by the
subdivision or sale of lots laid out in disregard of the contours or of irregular form and shape
or of inadequate size, or a combination of these or other conditions which have prevented
normal development of the land by private enterprise and have resulted in a stagnant and
unproductive condition of land potentially useful and valuable for contributing to the public
health, safety, and welfare.
WHEREAS, the Blight Assessment Report includes a detailed field survey and investigation
of all of the parcels in the area, observation of the exterior conditions of all buildings and public
improvements, and a review of building permits over the past ten years. Qualifying blight
conditions throughout the study area were identified and analyzed on a parcel-by-parcel basis to
produce a chart showing blight conditions present in the study area. Photo documentation of each
property is also included in the report as well as a review of relevant prior studies of this area and its
physical context.
WHEREAS, most of the single family detached houses in the Cedar Point Area were built
in the 1940s and 1950s. Of the 100 properties, as of June 3, 2005, sixty-two properties were vacant
(a majority of which had been cleared), thirty-three were occupied single family homes, three were
occupied apartment buildings and two were occupied with commercial businesses (a landscaping
business and a freight handling business). The properties that front 17th and 18th Avenues comprise
a uniformly platted area characterized by approximately 10,000 sq. ft. lots. The lots that front the
west side of Cedar Avenue are irregularly-sized (ranging from approximately 7,150 square feet to
27,500 square feet), and are generally larger because they accommodate apartment developments,
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or did so in the past, as well as commercial businesses. The lots that front the east side of Cedar
Avenue are also of irregular-size; approximately half are around 6,000 square feet, with the
remainder from 12,000 to 19,000 square feet;
WHEREAS, the surrounding context in which Cedar Point is located is described in the
Blight Assessment Report as follows:
To the north lies Taft Park, a 42-acre community playfield and athletic complex, with
Highway 62 as the park's northern boundary. To the south are commercial properties
(municipal liquor store, multi-tenant office building, dental office, and one single-family
home, all fronting onto 66th Street, with single-family homes extending southward from the
commercial properties). To the west are single-family homes, and to the east are Trunk
Highway 77 and the western boundary of the Minneapolis/St. Paul International Airport
(MSP). The Cedar Point Area is located extremely close to the new North/South (17/35)
Runway (approximately 1,350 feet, or about two blocks, from the eastern boundary of the
Cedar Point Area) - believed to be the closest that a similar runway has been built to an
existing residential area in the country. It is scheduled to become operational in late 2005.
The placement and configuration of this new runway provide no room to establish a buffer
or transition zone between the Cedar Point Area and the new North/South Runway.
WHEREAS, the Blight Assessment Report considered nine different criteria for a finding of
blight among the properties in the Cedar Point Area and summarized the consultant's findings as
follows:
1. Dipalidation
Ten (10) properties (six single-family homes, two apartment buildings, and two
commercial operations) exhibit deferred maintenance.
2. Obsolescence
The thirty-eight (38) properties that have improvements on them exhibit a combination
of functional obsolescence (not able to be adequately soundproofed to mitigate airport
noise) and economic obsolescence (decline in relative desirability in the residential
market place).
3. Overcrowding
There is no evidence of overcrowding.
4. Faulty Arrangement or Design
The two (2) commercially-used properties exhibit faulty arrangement or design,
exemplified by the overflow of parking, storage, and other operations onto the public
rights-of-way.
5. Lack of Ventilation, Light, and Sanitary Facilities
There is no evidence of lack of ventilation, light, and sanitary facilities.
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6. Excessive Land Coverage
The two (2) commercially-used properties exhibit a deficiency of land area to
accommodate off-street parking of vehicles and adequate loading facilities.
7. Deleterious Land Use
There is no evidence of deleterious land use.
8. Obsolete Layout
All one-hundred (100) properties exhibit inappropriate platting for new commercial or
residential uses that could be constructed and laid out to meet the required higher noise
mitigation standards.
9. Other - Environmental
All one-hundred (100) properties exhibit degradation from the current operations of the
MSP Airport. The remaining residential properties cannot be physically and
economically soundproofed to mitigate the low frequency noise to be generated from the
operations of the new runway.
WHEREAS, the Blight Assessment Report indicates that 38 of the properties in the Cedar
Point Area exhibit 3 or more blighting factors to a moderate or strong extent, that 10 additional
properties exhibit 4 blighting factors and that 2 additional properties exhibit 6 or more blighting
factors; and
WHEREAS, based on the conditions which the consultant found in the Cedar Point Area (as
described in the Blight Assessment Report), the consultant reported that he had reached the
following conclusions:
Conclusions
Viewed as a whole, the several blighting conditions documented, including the
environmental degradation from the current operations of the nearby Minneapolis-St. Paul
International Airport, and the physical and economic impracticality of further soundproofing
to mitigate the expected low frequency noise from the new North/South (17/35) Runway,
act together to undermine any livability or economic value perceived to exist in the Cedar
Point Area. These blighting conditions retard a normally functioning market for
transactional activity, i.e., reinvestment is unlikely without government intervention and
assistance.
While most of the lot sizes can be considered standard for single-family residential
development, this factor is considered a significant impediment for redevelopment to new
uses that could be laid out and constructed with the configuration and sound mitigation
measures required for this location. Simply put, these lots are too small for commercial
activity, and the multiplicity of ownership makes private purchase and consolidation
difficult if not impossible. Piecemeal rezoning of these lots over time is also unrealistic.
Contemporary development practices favor larger sites to vary and mix uses and activities.
Although each lot or potential redevelopment site may be buildable, in the aggregate these
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lots are largely economically dysfunctional because they simply do not meet contemporary
site design or investor requirements.
Some of the homes in the Cedar Point Area exhibit deferred maintenance. However, most
of the remaining residential structures are not dilapidated or poorly maintained. The
remaining two commercial structures are deteriorated, and their operations require more
land area to function properly and without negative impacts to adjacent and nearby
properties.
Therefore, the overall conditions within this larger setting near the new airport runway
combine to create a physical and economic context that is not viable for long term viability
and stability.
It would be difficult for private interests, acting alone, to acquire sufficient property to alter
the established patterns of development and use. Aggressive intervention is needed to
assemble parcels such that the larger community is evidently committed to changing the
study area's social, physical, and economic character.
In conclusion, the evidence of qualifying blight conditions found in the study area and
documented by this study provide a strong basis for finding that the Cedar Point Area meets
the statutory definition for a "Blighted Area," as defined in Minnesota Statutes.
WHEREAS, the purpose of the Blight Assessment Report was to document the conditions
present in the Cedar Point Area and thereby support consideration of a proposed Modification to the
Redevelopment Plan for the Richfield Redevelopment Project Area. Based on the Blight
Assessment Report, on June 13, 2005 the Planning Commission adopted a resolution fmding that
the modification to the Redevelopment Plan for the Richfield Redevelopment Project Area
conforms to the general plans for the development and redevelopment of the City as described in the
comprehensive plan for the City;
WHEREAS, based on the Blight Assessment Report, on June 14,2005, after due notice, the
City Council held a public hearing and approved City Council Resolution No. 9627 approving
modifications to the Redevelopment Plan for the Richfield Redevelopment Project Area (Cedar
Point Development);
WHEREAS, based on the Blight Assessment Report, on June 20, 2005, the Board of
Commissioners of the HRA approved HRA Resolution No. 948 approving Modifications to the
Redevelopment Plan for the Richfield Redevelopment Project Area (Cedar Point Development) and
making the following findings:
1.
the land in the project area would not be made available for redevelopment without
the financial aid to be sought;
2.
the Modified Plan will afford maximum opportunity, consistent with the needs of the
city as a whole, for the redevelopment of the areas by private enterprise; and
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3. the Modified Plan conforms to a general plan for the development of the city as a
whole; and
4. based on the information contained in (the Blight Assessment Report), and
information presented at the hearing and otherwise known to the Authority, the
portion of the Richfield Redevelopment Project Area comprising the proposed Cedar
Point Development is blighted within the meaning of Minnesota Statutes, Sections
469.002 and 498.028.
WHEREAS, the Redevelopment Plan as modified now contains the following goals
(paragraphs 7 and 8 were added by the June, 2005 Modification relating to the Cedar Point Area):
1. To provide a revenue base to meet the needs of Richfield.
2. To develop job opportunities for area residents.
3. To develop strategies to encourage revitalization.
4. To maintain a positive business environment.
5. To enrich the quality of life for residents through planning of the interrelationship of
land use.
6. To recognize the needs of all segments of the populace through diversity in housing
stock which is a major determinant of the living environment.
7. To protect the community from the adverse affects of the operations of the
Minneapolis-St. Paul International Airport.
8. To protect the community from the adverse, low frequency noise impacts of the
implementation and operation of the new North/South (17/35) Runway at the
Minneapolis-St. Paul International Airport.
WHEREAS, the Redevelopment Plan as modified now contains the following objectives
(Paragraphs 23 through 30 were added by the June, 2005 Modification relating to the Cedar Point
Area) :
1.
To achieve a high level of design quality through use of design features such as
landscaping to enhance the physical environment.
2.
To better utilize vacant or underdeveloped land.
3.
To improve vehicular circulation by providing a comprehensive system which
provides good, direct access to and from the commercial areas. To the extent
practical, eliminate commercial traffic from residential streets and minimize
vehicular circulation conflicts or congestion.
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4.
6.
7.
8.
9.
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To achieve a balanced variety of commercial businesses and services appropriate to
the market area.
5.
To provide increased employment opportunities.
To diversify the tax base of the community.
To eliminate or reduce the conflicts which result from incompatible land use
relationships, especially between residential and non-residential.
To protect the single-family residences from the adverse effects of nearby
commercial development, roadways, and off-street parking.
To utilize landscaping and/or screening between all single-family residential and
commerciaVoffice uses. Landscaping and/or screening should also be provided
along major thoroughfares which border residential areas.
10.
To eliminate unsightly and blighting elements such as exposed trash storage areas,
overhead utility lines, poorly maintained and excessively large billboards or signs,
and deteriorated structures.
11.
To provide for the elimination of blight which is evidenced by irregular sized lots,
inadequate streets, incompatible land uses, physical and functional obsolescence,
and inadequate parking.
12.
To encourage the sharing of parking facilities and to generally improve the parking
and circulation in the area.
13.
To provide public utilities and other public facilities of sufficient quality and size to
support the future development in the area.
14.
To provide for an expanded range of housing opportunities in the community, as
appropriate.
15.
To encourage open lines of communication between all the residents, businesses and
city staff.
16.
To provide maximum opportunity, consistent with the needs of the city for
development by private enterprise.
17.
To coordinate elements of the City's Comprehensive Plan with these project
objectives.
18.
Provide jobs within close proximity of the residential population and concurrently
saving energy by reducing trip time to jobs.
10
19. Provide a retail service level required by the residents of the community.
20. Secure the increase of housing, commercial, and industrial property subject to
taxation by the City, Independent School District No. 280, Intermediate School
District No. 287, Hennepin County, City, and other taxing jurisdictions in order to
better enable such entities to pay for governmental services and programs required to
be provided by them.
21. Encourage local business expansion, improvements, rehabilitation, and
development, whenever possible and provide financial incentive for same.
22. Combine the elements of other City Plans with these project objectives.
23. To facilitate the acquisition and removal of single-family residential and multi-
family residential properties located (within) the city's airport impact zones.
24. To facilitate the acquisition and removal of single-family residential, multi-family
residential, commercial and industrial properties deemed blighted due to a number of
factors including low frequency noise levels associated with the construction and
operation of the new North/South (17/35) Runway at the Minneapolis-St. Paul
International Airport.
25. To facilitate the acquisition of land or space that is vacant, unused, underused,
inappropriately used or contains incompatible land uses.
26. To facilitate the redevelopment of land for the construction of commerciaVretail
development better suited to withstanding airport noise.
27. To provide modem, transit stop plazas with features such as heated structures,
lighting, landscaping, bus pullouts.
28. To provide newer designed, high-volume street intersections able to better control
traffic and interface with pedestrian traffic.
29. To provide bikeways, paths, greenways and parkways for non-vehicular traffic.
30. To provide enhanced streetscape features such as decorative concrete, pedestrian
lighting, landspacing features.
WHEREAS, acquisition of the real estate which is legally described in Exhibit A attached
hereto ("Subject Property") is necessary in order to enable redevelopment of the Subject
Property and other real estate in the City of Richfield in accordance with a Contract for Private
Redevelopment between the HRA and Ryan Companies US, Inc. ("Redeveloper"), which
contract was entered into by those parties as of July 27, 2005, and to facilitate redevelopment of
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the Cedar Point Area in accordance with the Redevelopment Plan for the Richfield
Redevelopment Project Area ("Project"); and
WHEREAS, pursuant to the Contract for Private Redevelopment, the Redeveloper has
agreed to redevelop the Cedar Point Area by, among other things, acquisition of 62 properties,
removal of the present improvements, replatting the various properties to simplify property
descriptions, and construction of Minimum Improvements including a Super Target store, a Home
Depot store and an additional 61,200 square feet of free standing retail development;
WHEREAS, the HRA desires to facilitate completion of the redevelopment activities
which are contemplated by said Contract for Private Redevelopment and to implement the
provisions of the Redevelopment Plan for the Richfield Redevelopment Development Area; and
WHEREAS, the HRA finds that, even though the Redeveloper is a private party which will
benefit from the redevelopment pursuant to the Project, the Project will result in substantial public
benefits, which outweigh the private benefits, such that acquisition of the Subject Property through
use of eminent domain for the Project is primarily for the public benefit;
WHEREAS, the Board of Commissioners finds that it is reasonably necessary, proper,
and convenient, and in the interest of the public health, convenience, and general welfare of the
citizens of the City of Richfield that title to and possession of the Subject Property be acquired
for the furtherance of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
RICHFIELD IN REGULAR MEETING ASSEMBLED, that it is the considered judgment of the
Board of Commissioners that the Subject Property be acquired for the stated public purposes
and, if necessary, through the exercise of the power of eminent domain.
BE IT FURTHER RESOLVED, that the Executive Director and the Attorney for the
HRA are authorized to take all steps necessary to acquire the Subject Property by filing an action
in eminent domain and to acquire title and possession thereof pursuant to Minn. Stat. 9 117.042
prior to the issuance of the award of damages therefor by the Court Appointed Commissioners.
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Adopted by the Board of Commissioners of the Housing and Redevelopment Authority in and
for the City of Richfield this 21" day of November, 2005. ~
Thomas Harms, Chair
ATTEST:
y/J
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EXHIBIT A
Legal Description of Subiect Property
li[~,~ -.
6300 Cedar Avenue South
Richfield, MN
The North 33 feet of Lot 4, Block 3; All
of Lot 5, Block 3; and the South 17 feet
of Lot 6, Block 3, all in "Iverson's Third
Addition," Hennepin County, Minnesota.
(Abstract property)
6320 Cedar Avenue South 26-028-24-11-0060
Richfield, MN
The South 67 feet of Lot 4, Block 3,
"Iverson's Third Addition," Hennepin
County, Minnesota.
(Abstract property)
6500 Cedar Avenue South 26-028-24-14-0057
Richfield, MN
All of Lot 6, and the North 25 feet of Lot
5, Block 1, "Iverson's Third Addition,"
Hennepin County, Minnesota.
(Abstract property)
Unassigned (Gap adjacent to Unassigned
and immediately south of
6528 Cedar Avenue)
Lot 2, Block 1, Iverson's Third Addition,
except the North 46 feet thereof and
except the South 50 feet thereof
Unassigned (Gap between Unassigned
6300 and 6320 Cedar
Avenue)
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Lot 4, Block 3, Iverson's Third Addition,
except the North 33 feet thereof and
except the South 67 feet thereof