HomeMy WebLinkAbout08-056 Eminent Domain 16328 Main Avenue VOID
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 08-056
A RESOLUTION AUTHORIZING THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY IN
THE DOWNTOWN BUSINESS DISTRICT TO PROVIDE PARKING FACILITIES
Motion By: Hedberg
Second By: LeMair
WHEREAS, In 2002, the City Council undertook a community-based strategic planning process that
resulted in the City's first "City of Prior Lake 2020 Vision and Strategic Plan," (now
2030 Vision and Strategic Plan). One of the specific goals set out in the 2030 Vision
and Strategic Plan is to "construct new parking facilities as part of Downtown
redevelopment projects;" and
WHEREAS, In 2001, the City undertook and implemented a Streetscape Plan; between 2002 -
2005, the City supported a Fac;ade Improvement Program that leveraged $270,000 in
public funds to incent $2,400,000 in private fund investments in downtown building
renovations; in 2003, the City contracted with the McComb Group, Ltd. to study the
potential for development and redevelopment in the Downtown, the Downtown
Development Study is incorporated by reference herein; and in 2004, the City
contracted with Bonestroo Rosene Anderlik & Associates to prepare a Downtown
Parking Study; in 2008, the City will solicit proposals for the redevelopment of
additional properties in the Downtown area; and
WHEREAS, The Downtown Area Parking Study, incorporated by reference herein, was completed
in April 2004; and demonstrated a need for an additional 400-600 parking spaces in the
downtown area by the year 2025; and
WHEREAS, Whenever vacant and blighted property as defined in Minnesota Statutes 469.174,
Subd. 10 is available in the downtown, City staff assesses its suitability to support
redevelopment or as a potential location to meet the present and future need for
additional parking in the downtown; and
WHEREAS There is presently a blighted and vacant building located at 16328 Main Avenue in
downtown Prior Lake which is a suitable location for a municipal parking facility; and
WHEREAS The City has made two purchase offers in writing on February 28, 2008, and March 5,
2008, the first equal to the appraised value and the second exceeding the appraised
value, to acquire the property from its owner; and
WHEREAS The property owner has established a sale price substantially higher than the appraisal
value and has been unwilling to reduce the price; and
WHEREAS The City has attempted to negotiate in good faith with the owner and believes further
negotiations will not result in an acquisition of the property by sale.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
www.citycufpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
1. The recitals set forth above are incorporated herein.
2. Providing public parking to support downtown businesses is a public purpose.
3. Removal of blighted structures as defined by Minnesota Statutes 469.174, Subd. 10 is a public
purpose.
4. The City Attorney is authorized to use the City's power of "quick take" eminent domain to obtain the
property located at 16328 Main Avenue legally described as all that part of the South 102 feet of
Lots 1 and 2, Block 2, Cates Addition to Prior Lake, lying South of a line drawn from a point on the
West line of said Lot 2, distant 51.75 feet North of the Southwest corner of said Lot 2, Easterly to a
point on the East line of said Lot 1, distant 52.79 feet Northerly of the Southeast corner of said Lot
1; except all that part thereof lying Easterly of the following described line: Commencing at a point
14 feet West of the Southeast corner of Lot 1; thence running Northeasterly to the Northeast corner
of said Lot 1, Block 2, Cates Addition to Prior Lake, according to the United State Government
survey thereof and situate in Scott County, Minnesota.
5. Funds shall be drawn from account 603-49804-510.
PASSED AND ADOPTED THIS ih DAY OF APRIL 2008.
Hauaen X Haugen
Erickson X Erickson
Hedberg X Hedbera
LeMair X LeMair
Millar X Millar
YES
NO
MICOUNCILIRESOLUTI12008105-056 Eminent Domain 16328 Main.DOC