HomeMy WebLinkAbout1999-140 Council ResolutionLAW OmOES Or
William G. Hawkins and Associates
WILLIAM G. HAW'KINS
BARRY A. SULLIVAN
December 13, 1999
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TAMM1 J. U\EGES
Ms. Linda Waite Smith
Lino Lakes City Administrator
Lino Lakes City Hall
600 Town Center Parkway
Lino Lakes, MN 55014
Re: JADT Development
Dear Linda:
2140 FOURTH AVENUE NORTH
ANOKA, MINNESOTA 55303
PHONE (612) 427-8877
FAX (612) 421-4213
1 have had an opportunity to review the ordinances and facts surrounding the status
of the JADT Development. After review of these items. it is my opinion that the City
Council could reconsider the application of JADT for final plat approval of their
property which includes the McDonald's site. A motion by any Council Member to
reconsider would place the matter before the Council for consideration.
I have also prepared a proposed resolution for consideration by the Council authorizing
the eminent domain proceedings. If you have any questions about any of these items,
please contact me.
William G. Hawkins
WGHhju
Enclosure
cc: Brian Wessel
CITY OF LINO LAKES
RESOLUTION NO. 1999- 140
RESOLUTION APPROVING EMINENT DOMAIN
WHEREAS, the City proposes to construct an extension of Apollo Drive from
Lake Drive to 77`" Avenue within the northeast quadrant of the Lino Lakes Town
Center project area; and
WHEREAS, the improvement consisting of constructing said street is herein
determined necessary to provide for the safety of the traveling public and to make
available a commercial development within said Town Center area; and
WHEREAS, such street improvement will provide needed retail services and
job growth within the City of Lino Lakes; and
WHEREAS, fee simple interest over certain lands are required to provide for
said construction; and
WHEREAS, Lino Lakes has the authority to require right-of-way for said
street by eminent domain pursuant to Minnesota Statute Chapter 117; and
WHEREAS, it is imperative that the City begin construction of the street this
spring in order to facilitate to the construction of commercial and retail businesses
in the Town Center area this summer; and
WHEREAS, the City of Lino Lakes has the right to acquire right-of-way prior
to filing of the award by the court-appointed commissioners, pursuant to Minn.
Stat. § § 117.011 and 117.042.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council hereby authorizes the acquisition of said land by
eminent domain and to take title and possession of that land prior to the filing of
an award by the court-appointed commissioners, pursuant to Minn. Stat. § 117;
and
BE IT FURTHER RESOLVED, that the City Attorney Is requested to file the
necessary Petition; to hire such persons as may be necessary to prosecute such
action including appraisers and surveyors and to pursue the successful conclusion
of such action or until it is abandoned, dismissed, or terminated by the City or the
Court.
ADOPTED by the Council this O day of Dece4.144en (q'q .
Kimberly A. Sullivan, Mayor
ATTEST:
Ry -Chef Gaustad, City Clerk
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