CR 95-130 Eminent Domain Proceedings - Arthur B Johnson
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July 14, 1995 -r Co Council Report 95-130
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EMINENT DOMAIN PROCEEDINGS - ARTHUR B. JOHNSON PROPERTY,
SEVENTH STREET LANDFILL
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution No. 95-57 au-
thorizinq acquisition of property interests of Arthur B. Johnson, held within the landfill qas control
district.
Approval of this motion will authorize the City Attorney to commence eminent domain proceed-
ings in an effort to acquire property interests of Arthur B. Johnson for that portion of hIs property
within the landfill gas control district in the City of Hopkins.
Overview
Under the closure order for the former Seventh Street landfill dated June 13, 1988, the City is
obliged to prohibit and regulate the use or occupancy of real property within the landfill control
district The Minnesota Pollution Control agency has interpreted these requirements so as to re-
qUire the acquisition of the land from Mr. Johnson. They have also interpreted the requirements
to require that the acquisition take place by December 31, 1995. The City has attempted, on
several occasions, to obtain ownership of the property through negotiated means. Unfortunately,
the price offered by Mr. Johnson exceeds all reasonable costs that the staff can recommend to
. the City Council, and therefore, we are recommending that the Council utilize eminent domain
authorities.
Primary Issues to Consider
0 Who will pay for the cost of acquisition?
The cost associated with reacquisition, including legal fees, will be the responsibility of
the City of Hopkins. The City sold the property approximately 15 years ago and received
compensation for the land. The PCA has indicated that we, therefore, should be responsi-
ble for reacquiring the property and paying for it at our own expense.
0 What are "quick take" provisions of the eminent domain process?
"Quick take" is a term which refers to when the land is transferred and how the proceed-
ings begin. Under the "quick take" provisions of the eminent domain law, the City ac-
quires property within about 90 days and agrees to pay the court determined price for the
property after acquisition has taken place. Other forms of eminent domain would allow
the proceedings to occur without acquisition of the property until the court proceedings
are completed.
SupportinQ Documentation
0 Resolution No. 95-57
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r Steven C. Mielke, City Manager
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- CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 95-57
RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY
INTERESTS OF ARTHUR B. JOHNSON HELD WITHIN
THE LANDFILL GAS CONTROL DISTRICT
WHEREAS, the City Council of the City of Hopkins does hereby
determine that it is necessary for the public use and purpose to
acquire the property interests of Arthur B. Johnson identified and
included in the Landfill Gas Control District, as described in
Hopkins City Ordinance No. 93-735;
WHEREAS, under the Closure Order for the former 7th Street
Landfill dated June 13, 1988 executed by the Minnesota Pollution
Control Agency ("MPCA") and the City, as interpreted by the MPCA,
the City is obliged to prohibit or regulate the use or occupancy of
. real property now within the Landfill Gas Control District;
the MPCA has interpreted these requirements so as to
WHEREAS,
require the acquisition at the land presently owned by Arthur B.
presently within the Landfill Gas Control District, and has
required that the acquisition take place by December 31, 1995; and
WHEREAS, the City additionally finds that the acquisition of
referenced property is required for health and safety reasons;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Hopkins:
1- That the City Attorney is authorized to commence eminent
domain proceedings pursuant to Minnesota Statute Chapter 117 and
City Ordinance No. 93-335 to acquire the property interests
necessary to comply with the June 13, 1988 Closure Order, in
particular the property interests of Arthur B. Johnson held within
the Landfill Gas Control District.
2. That the City Attorney is authorized to acquire these
property interests pursuant to the "quick take" provisions of
-' Minnesota Statute Section 117.042.
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e 3. That the Mayor and the City Clerk/Manager are authorized
to execute all documents necessary, in the opinion of the City
Attorney, to effect the acquisition of necessary property
interests.
Adopted by the City Council in and for the City of Hopkins,
Minnesota, on the 18 day of July 1995.
,
Charles D. Redepenning
Chairman
Attest:
Secretary
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To: Honorable Mayor and Members of the City Council
From: Steven C, Mielke, City Manager~
Date: July 14, 1995
Subject: CONTINUATION OF DISCUSSION - HAYES VS. CITY OF HOPKINS
At the last meeting of the City Council, the Council chose to continue a decision on the Hayes
vs. City of Hopkins issue until the July 18 meeting,
Ellen Lavin, 14 Loring Road, appeared before the Council and asked for additional time for
. attorneys to review court records and to possibly provide input to the Council on whether or
not to appeal the Judge's decision in the Hayes case.
To date, the City Manager's office has not received any additional information from Ms. Lavin
or her attorneys. I unaware of whether or not the City Attorney's office has heard any
additional information either.
Attached to this memo is the Council Report from the July 5 meeting.
The same issues are before the Council. They are:
0 Should the City of Hopkins appeal the court decision.
0 Should the matter be referred to the Planning Commission or brought directly to
the City Council.
If you have any questions prior to the Council meeting, please feel free to call.
Attachment - Council Report 95-115, Hayes VS. City of Hopkins
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