HRA RES 2008-01 - 14500HRA RESOLUTION NO. 2008-01
RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR
PUBLIC USE BY RIGHT OF EMINENT DOMAIN
BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Fridley,
Minnesota (the "HRA"), as follows:
Section 1. Recitals.
1.01 The HRA, with such authority granted it under Minn. Stat. § 469.001 et seq., has
entered into a Memorandum of Understanding with the Anoka County Regional Railroad
Authority ("ACRRA"), whereby the HRA and ACRRA agreed to (a) "Work jointly to seek
MetCouncil, State or Federal funding or reimbursement of funds to design and construct the
platform, the tunnel, park and ride and other public improvements and to acquire the site [for the
Fridley Station]"; (b) "Work jointly with the City, MetCouncil and MN/DOT to determine the
appropriate entity to acquire any property not currently owned by ACRRA which is necessary
and convenient for the construction, development and maximum utilization of the Fridley
Station." See Exhibit A, attached hereto and incorporated herein by reference; and
1.02 ACRRA, with such authority granted it under Minn. Stat. § 398A et seq., has
adopted Resolution 2007-10, marked Exhibit B, attached hereto and incorporated herein by
reference, which authorized the ACRRA to enter into memoranda of understanding relating to a
Fridley commuter rail station and to perform obligations there under; and
1.03 ACRRA entered into a Memorandum of Understanding with the State of
Minnesota, by and through its Department of Transportation ("MN/DOT"), attached as Exhibit C
and incorporated herein by reference, whereby ACRRA was delegated NIN/DOT's designee to
enter into an Underpass Construction Agreement with BNSF Railway Company and to
contribute to the funding of the Underpass Construction project as part of the Fridley commuter
rail station; and
1.04 ACRRA has entered into an Underpass Construction Agreement with BNSF
Railway Company for the construction of the Fridley Station Underpass, attached as Exhibit D
and incorporated herein by reference; and
1.05 The HRA has entered into a Memorandum of Understanding with MN/DOT,
attached as Exhibit E and incorporated herein as reference, for the purpose of having the HRA
acquire by purchase or eminent domain land necessary and convenient for a rail
tunnel/underpass, transit station, and accompanying parking facilities located in the City of
Fridley, in the area of 61st Street and Main Street. Pursuant to the Memorandum of
Understanding, "it is in the best interest of the State of Minnesota that the Fridley Station be
constructed and the Property acquired" and "[t]he HRA will acquire the Property by purchase or
condemnation."
1.06 The establishment of a Fridley commuter rail station and related facilities will
further the purpose and goals of MN/DOT, as identified in Minn. Stat. § 174.01, by providing
HRA Resolution No. 2008-01 Page 2
transportation that is safe, enhances mobility and economic development, provides access to
persons and businesses, provides a reasonable travel time for commuters, preserves the
transportation infrastructure, supports state environmental and energy conservation goals, and
increases transit use in the urban areas giving highest priority to the transportation modes with
the greatest people moving capacity.
1.07 The establishment of a Fridley commuter rail station and related facilities will
further the goals and objectives of the HRA, and will further encourage development and re-
development of the area surrounding the commuter rail station, making the acquisition of land
for the construction of the rail station and related facilities a public purpose for the HRA.
Section 2. Findin�s.
2.01 The Recitals in Section 1 are hereby adopted as Findings; moreover,
2.02 The HRA does hereby find and determine that: the establishment of a Fridley
commuter rail station will serve a public purpose, and the HRA is empowered to acquire the
property legally described in Exhibit F(as attached hereto and incorporated herein by reference)
and all other property necessary and convenient to accomplish this public purpose by voluntary
acquisition or exercise of its powers of eminent domain.
Section 3. Authorization.
3.01 Pursuant to the above findings, the HRA does hereby authorize and direct its
attorneys, Krass Monroe, P.A., and its staff to proceed immediately to acquire the Subject
Property identified in Exhibit F pursuant to authority granted for the acquisition of property for
public use by negotiation or by eminent domain under Minn. Stat. § 117.011 et seq.
3.02 The HRA does hereby find that it is reasonably necessary, proper and convenient,
and in the interest of the public health, safety, convenience and general welfare, to acquire fee
title to the Subject Property and other rights and interests in order to accommodate the
construction of facilities for a Light Rail Transit System, commuter rail station, and related
facilities.
3.03 In order to timely commence construction, the HRA does hereby authorize the
acquisition of the Subject Property by the "quick take" process provided for in Minn. Stat. §
117.042.
PASSED AND ADOPTED BY THE FRIDLEY HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF FRIDLEY THIS lOTH AY OF JANUARY 2008.
Lawren . ommers, airperson
ATTEST:
. w
.
William W. Burns, Executive Director
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HRA Resolution No. 2008-01
CERTIFICATION
Page 3
I, William W. Burns, the duly qualified Executive Director of the Housing and Redevelopment
Authority in and for the City of Fridley, County of Anoka, Minnesota, hereby certify that the
foregoing is a true and correct copy of Resolution No. 2008-01 passed by the HRA
Commissioners on the l OTH day of January 2008.
� " �.
William W. Burns, Executive Director
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