2005-117
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2005-117
A RESOLUTION ACKNOWLEDGING PAYMENT OF SPECIAL
ASSESSMENT BY THE MINNEHAHA OAKS ASSOCIATION
AND THE DEDICATION OF "HIAWATHA OAKS" FOR PARK PURPOSES
WHEREAS, in 1992, the City acquired a tract of land, legally described as Tract B,
Registered Land Survey No. 1651, in the southwest corner of Hiawatha Avenue and Cambridge
Street for park purposes and has named such park land "Hiawatha Oaks"; and
WHEREAS, pursuant to a Loan Agreement, dated November 24, 1992, as amended by an
Amendment to Loan Agreement, dated October 19, 1993, and a Special Assessment Agreement,
dated April 15, 1992, the Minnehaha Oaks Association and certain of its members agreed to pay
the City of Hopkins the sum of$185,000.00, $175,000.00 of which was paid by means of special
assessments, to reimburse the City for the costs incurred by the City in acquiring the Hiawatha
Oaks property; and
WHEREAS, when the Hiawatha Oaks property was acquired by the City in 1992, the
City Council adopted Resolution No. 92-98, which stated: "That the (Hiawatha Oaks) land
should be contained within (the City's) park system" and dedicated such land "for passive use
thereby leaving it in its natural state."; and
WHEREAS, Paragraph 4 of the Recitals in the November 24, 1992 Loan Agreement
states the City and the Minnehaha Oaks Association "desired (the Hiawatha Oaks land) be
preserved for passive park and nature area uses."; and
WHEREAS, Paragraph 7 of the April 15, 1992 Special Assessment Agreement states:
"7. It is the intent and aim of the City to maintain and enhance the (Hiawatha
Oaks') property as a nature area and manage the site for passive use and
enjoyment of the community with due regard for preservation of trees in a natural
setting."; and
WHEREAS, the Hopkins City Attorney has determined that a contract exists between the
Minnehaha Oaks Association and the City of Hopkins that will prohibit the development of this
property and require the City to maintain the "Hiawatha Oaks" property in its present and future
state as a park and open space; and
WHEREAS, the City of Hopkins Comprehensive Plan designates this area as a park; and
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WHEREAS, the $175,000.00 special assessment levied by the City to recover costs
incurred in acquiring the Hiawatha Oaks property has now been paid in full; and
WHEREAS, the City Council of the City of Hopkins wishes to acknowledge and
recognize the payment of such special assessment, the contributions made by the Minnehaha
Oaks Association, the property owners whose properties were assessed, and the members of the
general public; and
WHEREAS, the City Council of the City of Hopkins wishes to restate the purposes for
which the Hiawatha Oaks property was acquired;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins
that the City of Hopkins does hereby recognize and acknowledge the significant contributions of
both time, effort and money by the Minnehaha Oaks Association, those who contributed to the
Association, and those homeowners whose properties were assessed for the special assessment
levied to pay the City the costs incurred in acquiring the Hiawatha Oaks property.
BE IT FURTHER RESOLVED, that the City Council of the City of Hopkins restates and
reaffirms the purposes for which the Hiawatha Oaks property was acquired, namely, to be
included as part of the City's park system and dedicated for passive use by leaving such property
in its natural state.
BE IT FURTHER RESOLVED, that the City Council of the City of Hopkins in
recognition of the above status formally dedicates this property as the Hiawatha Oaks Preserve.
Adopted by the City Council of the City of Hopkins this 6th day of December, 2005.
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