02-01-99 agendaCITY OF RICHFIELD, MINNESOTA
MONDAY, FEBRUARY 1, 1999
SPECIAL HOUSING AND REDEVELOPMENT AUTHORITY MEETING
COUNCIL CHAMBERS
6:30 P.M.
AGENDA
CALL TO ORDER
CONSIDERATION OF RESOLUTION AUTHORIZING CONDEMNATION AND
QUICK TAKE FOR SIX REAL PROPERTY INTERESTS; URBAN VILLAGE
HRA LETTER NO. 10
ADJOURNMENT
Auxiliary aids for individuals with disabilities are available upon request.
Requests must be made at least 96 hours in advance to the Administrative
Services Director at 861-9702.
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HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. io
Agenda February 1, 1999
Issue Statement:
Adoption of a resolution authorizing condemnation and quick take for six real .property
interests: Urban Village.
Background:
HRA legal counsel has requested the HRA to formalize the January 19 motion to
condemn Urban Village real estate interests by scheduling a special meeting and acting
on the attached condemnation. resolution. A special meeting for 6:30 p.m. on Monday,
February 1, 1999 has been scheduled to process the referenced issue.. The developer,
Richfield State Agency (RSA), is undertaking land assembly for the Urban Village. Six
property owners have been unable to successfully conclude negotiations with RSA on
the 66th to 67th Streets and Pleasant to Grand Avenue blocks. To proceed with the
development, these real estate interests must be acquired in fee title. Attached is a list
of each property and the requisite real property interest together with a map indicating
the location of each. The resolution, when approved by the HRA, would authorize the
condemnation quick take process to begin.
Recommended Motion:
Approve a motion which adopts the attached condemnation quick take-resolution to
obtain the identified real estate interests.
Basis of Recommendation:
1. HRA legal counsel has requested the special meeting and prepared the required
resolution.
2. RSA has negotiated a purchase of 9 of 15 properties and has requested that the
HRA undertake condemnation activities on remaining real estate interests.
3. RSA and staff have notified all the real estate owners of the special meeting and
pending action.
4. The HRA has the authority to condemn these real estate interests under state law.
5. RSA will be paying all costs associated with the proposed actions under terms of
the Contract for Private Redevelopment.
6. Two elements of the preconditions to the HRA and RSA Contract for Private
Redevelopment, the amount of public assistance and the contribution of local
match, continue to be worked on. The HRA reserves the right to discontinue
condemnations if remaining preconditions are not resolved by February 16 or at a
later date if the parties agree.
•
• Alternative Recommendation:
1. Delay consideration of the action.
2. Refuse to authorize condemnation.
Discussion/Decision Mode:
Action on this item at the February 1 special meeting would provide title to these
properties in a timely manner such that construction could begin in Spring 1999.
Respectfully submitted,
Jam D. Prosser
Executive Director
JDP:cak
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HRA RESOLUTION NO.
RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE
CERTAIN REAL PROPERTY
URBAN VILLAGE
WHEREAS, the Housing and RedevelopmentAuthority 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 HRA is authorized to develop and carry out redevelopment plans
and redevelopment projects, as those terms are respectively defined in Minnesota
Statutes, Section 469.002, subdivisions 16 and 14; and
WHEREAS, the HRA on June 14, 1993 adopted a redevelopment plan (the
"Redevelopment Plan") for the Richfield Redevelopment Project Area (the "Project Area")
and on November 23, 1998 adopted a Modification to the Redevelopment Plan and
adopted a tax incrementfinancing plan (the "TIF Plan") for a portion of the Project Area
known as the Urban Village; and
WHEREAS, the Plans, as modified, contemplate the acquisition of certain real
property (the "Property")which is located in the Project Area and which is more particularly
~, described below in this resolution; and
WHEREAS, the HRA has entered into a contract for private redevelopment (the.
"Contract") of land lying within the Urban Village portion of the Project Area (including, but
not limited to the Property); and
WHEREAS, the Developer under the Contract is not in default of any of its
obligations thereunder, and has offered mediation to the owners of the Property who have
requested it; and
WHEREAS, in order to meet anticipated construction deadlines for the
redevelopment project contemplated by the Contract, it is necessary for the HRA to
acquire title to and possession of the Property by the earliest date permitted in accordance
with Minnesota Statutes, 117.042.
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
Authority in and for the City of Richfield, Minnesota as follows:
1. It is necessary to acquire the Property as described below in this resolution
in order for the HRA to carry out the purposes of the Plans, as modified, and the Act, to
deal with property which is structurally substandard and to eliminate and prevent the
development or spread of conditions of blight found to exist by the City and the HRA.
2. Acquisition of the Property by eminent domain, in the manner provided by
. Minnesota Statutes, Chapter 117, is deemed to be necessary and for a public purpose and
is hereby authorized.
3. The HRA deems it necessary for the reasons set forth in the Plans, as
modified, and in orderto meet anticipated construction schedules, to proceed without
delay under. Minnesota Statutes, Section 117.042, to acquire title to and possession of the
Property prior to the filing of a final report of commissioners.
4. The HRA's attorney and staff are authorized and directed to commence
eminent domain proceedings to acquire fee simple absolute title to the Property, pursuant
to Minnesota Statutes, Section 117.042 and to pay to the owner(s) or into court, a sum of
money to secure compensation to the owners of the Property, which amount shall be
equal to petitioner's approved appraisal of value for each of the respective portions of-the
Properly, as determined by staff.
5. The Property to be acquired is described on the attached Exhibit A.
•
Adopted by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 1st day of February ,1999.
Thomas E. Harms, Chair
ATTEST:
Michael Sandahl, Secretary
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Parcel 1
EXI-IIBIT A
Property Address: 307 - 66~' Street West, Richfield, Minnesota
P.LD. No. 27-028-24-32-0018
Property Owner: Bonnie J. Alama
Property Legal: Lot 8, Block 1, "J. N. Hawser's Addition"
Parcel 2
Property Address: 6607 Grand Avenue South, Richfield, Minnesota
P.I.D. No. 27-028-24-32-0016
Property Owner: Dean L. Nicholson and Dennis K. Nicholson
Property Legal: Lot 6, Block 1, "J. N. Hawser's Addition"
Parcel 3
Property Address: 6615 Grand Avenue South, Richfield, Minnesota
P.I.D. No.: 27-028-24-32-0015
Property Owner: James W. Moore
Property Legal: Lot 5, Block 1, "J. N. Hawser's Addition"
Parcel 4
Property Address: 6627 Grand Avenue South, Richfield, Minnesota
P.I.D. No.: 27-028-24-32-0034
Property Owner: Patrick A. Tuzinski and Sandra L. Tuzinski
Property Legal: Lots 9 and 10, Block 1, "Lyndale Shores on Wood Lake"
Parcel 5
Property Address: 6640 Pleasant Avenue South, Richfield, Minnesota
P.I.D. No.: 27-028-24-32-0030
Property Owner: Lynne Pickart
Property Legal: Lot 4, Block 1, "Lyndale Shores on Wood Lake"
Parcel 6
Property Address: 6630 Pleasant Avenue South, Richfield, Minnesota
P.I.D. No.: 27-028-24-32-0029
Property Owner: James S. Vargo and Deborah A. Vargo
Property Legal: Lots 2 and 3, Block 1, "Lyndale Shores on Wood Lake"
JBD-156880
RC125-194
Urban Viffage Redevelopment Area
~ Property for Which Condemnation Action is Requested
As of February 1, 1999
i 66th Street
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Souchery Martin
67th Street
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Condemnation Action Requested
Chronology of Correspondence
Pleasant /Grand Ave. Neighborhood
January 15, 1998
Number Date Correspondence Information presented:
1. March 1997. to Richfield Lake Newsletter Richfield Lake Area Plan
May, 1998 and other direct mail (REAP) public information;
contacts including new housing
..choices at Pleasant /Grand.
2. May 5, 1998
3. May 18, 1998
4. May 28, 1998
5. June 5, 1998
6. July 23, 1998
7. July, 1998
8.
9.
10.
r:
August 13, 1998
Letter (BN) Notice of 5/13 meeting with
neighborhood by staff and
Mediation Center.
Letter (BN)
Information regarding REAP
Open House public meeting
Open House at St.
Peter's Church
Letter and Questionnaire
(from Mediation Center)
Letter (from Mediation
Center)
Your City Newsletter
Open House at Holy
Angels
August 21, 1998 Letter (BN)
August 28, 1998 Letter (JV~
Draft Master plan for the
REAP area including Urban
Village proposal.
Resident survey for Pleasant
and Grand area including Q
&A document re: relocation.
Results of survey and
notice of appraisal and
building. evaluation option
Illustration of REAP Draft
Master Plan including notice
of next Open House
Draft Master plan for the
REAP area including Urban
Village proposal.
Open House summary incl.
Urban Village proposal and
Reminder of appraisal and
building evaluation option
Reminder of appraisal and
building evaluation option.
Number Date Correspondence Information presented:
11. September 11, 1998 Letter (BN)
12. October 1, 1998 Letter (BN)
13. October 7, 1998 Letter (from Mediation
Center)
14. November, 1998 Your City newsletter
15
16.
17.
December 11, 1998 Letter (BN)
January 8, 1999
Letter (BN) &
Memo (from Mediation
Center)
January 12, 1999
Status of # of appraisals and
evaluations requested incl.
Notice of 2°d survey and
9/21 HRA meeting regarding
RSA's Urban Village plan.
Notification of "Exclusive
Agreement" w/RSA via 9/21
HRA meeting,
Sun Current article,
Notification of Relocation
Consultant services,
Reminder of appraisal and
building evaluation option.
Survey including notice of
final redevelopment plan to
be on 11/16 HRA agenda.
Urban Village proposal and
Notice of HRA /Council
Meetings 11 / 16 & 11 /23 .
Notice of plan approval
via 11 / 16 HRA meeting.
Purchase agreement status.
Notice of upcoming HRA
And Council meeting -
Agendas: TIF, rezoning, etc.
Enclosed relocation info.
Facilitated negotiation option
offered and explanation of
facilitated negotiation.
Reminder of appraisal option.
Letter (BN) Notice of upcoming
discussion by the HRA of
potential condemnation
action to six residents.
Resubmitted condemnation
process information.
Kennedy
Graven
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
e-mail: attysC~kennedy-graven.com
RECEIVED JAS ~ 1 egg
JOHN B. DEAN
Attorney at Law
Direct Dial (612) 337-9207
email: jdean@kennedy-graven.com
January 20, 1999
James Prosser VIA Y+AX Ai~D 1V1A1L
Executive Director
Richfield Housing and Redevelopment Authority
6700 Portland Avenue So.
Richfield, MN 55423
Re: Urban Village -Condemnation
Dear Mr Prosser:
At .its January 19, 1999 meeting, the Richfield HRA, by motion, authorized the commencement of
condemnation to acquire certain of the residential properties located within the Urban Village site.
As a result of that action we are taking the steps necessary to commence such an action. As a part of that
process, it will be necessary for the HRA to take one additional action by adopting a formal resolution
authorizing condemnation and quick take. This action is necessary for at least three reasons: first, it
serves as the document that we use in court to establish the statutory basis for the action; second, it
shows that all of the necessary preconditions to condemnation have taken place; and third, it contains a .
listing of the parcels which are affected by the action.
Because time is of the essence for the developer, I would suggest that the HRA consider such a
rP,S~h.ltll7rl at 8. S~]eC?al mePt11'?V ~JVI'l]^l] VC'pll~Cl t~l{f' place hPfnrP tllt' erhar111~P(?. I-'P..hnla?-s' 1'1']P.etln~. ~!1n1?Cay,
February 1, 1999 would perhaps be suitable. A meeting on that date would not delay the commencement
of the action, and it would give the mediation process, which is a requirement for condemnation under
the agreement to be completed.
We are finalizing the form of the resolution and will be able to deliver it to you by the end of this week.
Respect lly yours,
Joh B. Dean
:gak
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