CR 01-058 Acceptance of Property Donation
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April 30, 2001
m
HOPKINS
Council Report 2001-58
ACCEPTANCE OF PROPERTY DONATION
ProDosedAction
StafIrecommends approval of Resolution 2001-29, approving acceptance of property donation
for park purposes by Paul Steiner.
With this action the City Attorney will draft the necessary documents to complete the transfer.
Overview
The subject property is approximately 17.8 acres, located north of Smetana Road and west of
Highway 169. The majority of this property is within the Nine Mile Creek flood plain.
Over the years, the owner, Paul Steiner, has attempted to develop this property. It is zoned R-2,
low density, multiple family. Because of the flood plain issue, Mr. Steiner has been unable to
find an interested buyer to undertake a project.
Mr. Steiner has now come to the conclusion that the property is for the most part not fit for
development. As a result, heis proposing to donate it to the City of Hopkins. To complete such
an action, the City Council needs to accept the donation.
Primary Issues To Consider
. How would the City utilize this property?
Is the Park Board aware of this donation?
Environmental issues.
SUDDortin2 Documents
. Letter from Paul Steiner
Resolution 2001-29
Site map
1/
. c Development Director
Financial Impact: $. 0 N/A _ Budgeted: YIN _ Source:
Related Documents (CIP, ERP, etc.):
Notes:
City Council Report 2000-58, April 30, 2001 - Page 2
Primary Issues To Consider
How would the City utilize this property?
This property is located directly adjacent to Valley Park. Staff proposes that it be
incorporated into that park. It would probably make sense that the Park Board discuss the
possibility of any future improvements once the donation is completed.
Is the Park Board aware of this donation?
Staff did notify the Park Board of this issue and asked them to provide any comments
prior to the May 15 Council meeting. As of the date of this report, nothing has been
received.
Environmental issues.
Staff spoke with HKS Associates about environmental issues. They felt that a Phase I
analysis would not be necessary, as there is no indication that this site ever had a use
other than open space.
Alternatives
The City Council has the following alternatives regarding this action:
1) Approve the action as recommended by staff .
2) Continue the item for additional information. Mr. Steiner is eager to complete this
transaction.
3) Do no accept the donation.
1117 Sugarbush Lane
\Vaconia, MN 55387
May 7, 2001
Mr. Steve MieJke
City Manager - City of Hopkins
1010 First Street South
Hopkins~ MN 55343
Re: Proposed Contribution of Land to the
City of Hopkins
Dear Mr. Mielke:
This letter will confirm our recent discussions regarding my proposed charitable donation of
approximately 17.8 acres of land to the City of Hopkins for park purposes. The subject property is
located in the southeast comer of the city, immediately west of Highway 169 and north of Smetana
Drive and is traversed by Nine Mile Creek and a walking trail maintained by the city. I believe it
would be an important addition to the city's park system.
The conditions undc:r which I propose to make this donation of land to the City of Hopkins are as
follows:
1. The land will be donated to the City of Hopkins for park purposes.
2. The land would be donated to the City of Hopkins as a charitable contribution. I will pay the
cost of an appraisal to establish the value of the land for purposes of the contribution. At the
time of its acceptance of the land contribution, the City of Hopkins would execute the
requited Internal Revenue Service acknowledgment of the donation for tax purposes. 1 will
assume ~esponsibility for preparing and submitting the IRS form to the city. .
3. The property is presently su~iect to a Declaration of Restrictivc Covenants in favor of the
City of MilUletonka under which Minnctonka is entitled to collect hook-up fees due and
payable as a result of the extension of sewer and water facilities to the property boundary.
I have negotiated an agreement \vith tbe City of f\.1innetonka to satisfy all obligations to
Minnetonka under this Dt:claration of Restrictive Covenants and will arrange to have the
subject property released from the Declaration prior to its transter to the City of Hopkins.
EXHIBIT A
Mr. Steve Mielke
- 2 "
lvlay 7. 2001
4. 1 will transfer title to the subject property to the City of Hopkins by Quit Claim Deed,Prior
to accepting transfer of title) the city may complete title examination and any other
investigations it considers necessary. All costs for completing title. examination and any
investigations conducted by the c.ity will be accomplished at the city's expense.
I would ask that you submit my proposal to contribute the subject property to the Hopkins City
Council for approval. At such time as the City Council has given its approval, 1 will assist the city
in proceeding with the necessary steps to conclude the land contribution.
Please advise as to the status of the City Council's acceptance of my proposed donation of this land.
You should. of course, feel free to call me if you have any questions.
Very truly yours.
a;tt~~ /f1-- ~...-t.-r....e--'b
Paul N. Steiner
~ ..
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2001- 29
A RESOLUTION APPROVING THE DONATION OF APPROXIMATELY
17.8 ACRES OF LAND TO THE CITY OF HOPKINS FOR PARK PURPOSES
WHEREAS, by letter dated May 7,2001, a copy of which is attached hereto as Exhibit A, Paul
Steiner has offered to donate approximately 17.8 acres located in the southeast comer of the City of
Hopkins to the City for park purposes.
WHEREAS,. the Hopkins City Council has considered the proposal by Mr. Steiner to donate
the land described in the attached Exhibit A and has determined that said 17.8 acre parcel is suitable
for park and open space purposes and would be a significant addition to the City's park system.
WHEREAS, the Hopkins City Council has, therefore, determined that the City of Hopkins
should accept the donation of said 17.8 acres of land for park purposes.
NOW, THEREFORE, the City Council of the City of Hopkins, Minnesota, hereby adopts the
following Resolution:
RESOLVED, that the donation and transfer to the City of Hopkins of approximately 17.8 acres
of land in accordance with the terms and conditions stated in Exhibit A attached hereto is hereby
approved and accepted, subject to examination of title and satisfactory completion of any inspection
or investigation deemed necessary by Staff or the City Attorney, and the City Manager and City Staff
are authorized to proceed with the acquisition of such land according to the terms stated in Exhibit A.
Adopted this
day of May, 2001, by the City Council of the City of Hopkins,
Minnesota.
Eugene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
c:hopciv\resolution. psteiner
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