HomeMy WebLinkAboutResolution No. 2013-081 Eminent Domain Acquisition – 3499 West 49 ½ Street RESOLUTION 2013-81
EMINENT DOMAIN ACQUISITION -AUTHORIZING THE ACQUISITION OF A FEE SIMPLE
INTEREST IN PROPERTY LOCATED AT 3944 WEST 49-1/2 STREET
WHEREAS, the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA"),
owns and operates an off-street parking facility known as the North Parking Ramp at 3936-3940
West 49-1/2 Street ("North Parking Ramp") to provide public parking in the 50th and France
business district;
WHEREAS, the City of Edina ("City") and the HRA have studied the parking availability for
the 50th and France business district and have determined that additional public parking is needed
to support the continued success of this district, to meet the needs identified in the studies of public
parking in the 50th and France area, and to reduce congestion, traffic and waiting periods in existing
parking facilities in the area;
WHEREAS, the COUNCIL has determined that expansion of the North Parking Ramp is
necessary to provide additional public parking;
WHEREAS, the COUNCIL has determined that acquisition of a fee simple interest in the
single story building located at 3944 West 49-1/2 Street, immediately west of the North Parking
Ramp, is necessary to expand the North Parking Ramp to provide additional public parking;
WHEREAS, the business owners have closed the business formerly operated at 3944 West
49-1/2 Street;
WHEREAS, the City owns and operates a municipal liquor store at 3943 West 50th Street
and has further determined that it may be necessary in the future to relocate said liquor store to a
new location within the 50th and France business district;
WHEREAS, a portion of the property at 3944 West 49-1/2 Street could be used to relocate
the municipal liquor store currently located at 3943 West 50th Street, while still using the remainder
of the 3944 West 49-1/2 Street site for expansion of the North Parking Ramp;
WHEREAS the City and HRA have been negotiating with the owners of 3944 West 49-1/2
Street property to acquire a fee simple interest in said property and to date have not entered into an
agreement to acquire said property;
WHEREAS, in order to construct the expansion of the North Parking Ramp and to have a
site available for the possible relocation of the Edina municipal liquor store currently located at 3943
West 50th Street, it will be necessary to procure the 3944 West 49-1/2 Street property through the
right of eminent domain; and
CITY OF EDINA
4801 West 50th Street•Edina,Minnesota 55424
www.EdinaMN.gov•952-927-8861 • Fax 952-826-0390
WHEREAS, the construction of the expansion of the North Parking Ramp makes it
necessary for the City to acquire the 3944 West 49-1/2 Street property as soon as possible, and no
later than April 1, 2014, and in order to construct such improvements on a timely basis it will be
necessary to procure the required property interest through a "quick take" condemnation action,
pursuant to Minnesota Statutes, Section 117.042;
WHEREAS, the expansion of the North Parking Ramp is, in and of itself, a public purpose
that justifies acquisition of the 3944 West 49-1/2 Street property by eminent domain, and the
acquisition of the site as a possible location for a municipal liquor store is a second public purpose
that justifies acquisition of the 3944 West 49-1/2 Street property by eminent domain; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL, that in order to expand the
North Parking Ramp and obtain a site for the possible relocation of the municipal liquor store, the
City proceed to acquire the required fee simple interest in the property located at 3944 West 49-1/2
Street under its power of eminent domain and pursuant to Minnesota Statutes, Section 117.042,
having first fulfilled the requirements of Minnesota Statutes, Section 117.036 and all other
necessary requirements for the exercise of eminent domain power; and that the attorneys for the
City be instructed and directed to advise and assist the City with regard to fulfilling any necessary
legal conditions for the initiation of an eminent domain action, and to file the necessary petition or
petitions therefore and to prosecute such action or actions to a successful conclusion, or until it is
abandoned, dismissed or terminated by the City or the Court; and that the attorneys for the City and
the employees and agents of the City do all things necessary to be done in the commencement,
prosecution and successful termination of such eminent domain proceedings;
BE IT FURTHER RESOLVED, that it is hereby found and declared that the acquisition of a
fee simple interest in the property located at 3944 West 49-1/2 Street by the City under its power of
eminent domain is necessary to expand the North Parking Ramp and to obtain a site for possible
relocation of the municipal liquor store.
Adopted by the Edina City Council this 17th day of September, 2013.
Attest:
Debra A. Mangen, City Clerk James B. Hovland, Mayor
CITY OF EDINA
4801 West 50th Street• Edina,Minnesota 55424
www.EdinaMN.gov•952-927-8861 • Fax 952-826-0390
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA ) CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the
attached and foregoing City Council Minutes is a true and correct copy of the Resolution duly adopted by the
Edina City Council at its regular meeting of September 17, 2013, and as recorded in the Minutes of said
regular meeting.
WITNESS, my hand and seal of said City this day of 12013.
Debra A. Mangen,City Clerk