8 Condemnation Frank Fox AcquisCITYOF
CHANHASSEN
City Center Drive, PO Box 147
5anhassen, Minnesota 55317
Phone 612.937.1900
~eneral £ax 612.937.5739
gineering Fax 612.937.9152
'~lic Safe~v tax 612.934.2524
}b www. ci. chanhassen, mn. us
MEMORANDUM
TO: Scott Botcher, City Manager ...~//
FROM: Todd Hoffman, Park and Recreation Director
DATE: August 17, 1999
SUB J:
Referendum Land Acquisition, Approve Resolution Authorizing
Condemnation, Frank Fox Acquisition
On March 15, 1999, the City Council gave direction to staff to pursue acquisition
of a portion of the Frank Fox property for use as parkland. Mr. Tom Scott of the
city attorney's office has been working on this acquisition. Mr. Scott retained
Mark Knoche to perform appraisal work.
Within the past 30 days, Mr. Knoche completed his appraisal. Upon presenting
the finding of this appraisal to Mr. Fox's attorney, it was agreed that condemnation
will be necessary to acquire this property.
RECOMMENDATION
It is recommended that the City Council approve the resolution authorizing the
condemnation of property for park/open space purposes (approximately 36.25
acres) as described on the attached resolution.
G:\parkXth\FoxAcquisition-BotcherMcmo
CiO, ele Chanhassen. A growing cammun& with clean lakes, quality schools, a charmin~ downtown, thrivin~ businesses, and beautiful oarks. A ereat olace to live, work. and olay.
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Suesan Lea Pace
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
August 2, 1999
RECEIVED
AU6 0 1999
CITY OF CHANHASSEN
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
?Also licensed in Wisconsin
Mr. Todd Hoffman
City of Chanhassen
690 Civic Center Drive
P. O. Box 147
Chanhassen, Minnesota
55317
Re:
Resolution Authorizing Condemnation
- Frank Fox Acquisition
Dear Todd:
Enclosed is the resolution authorizing condemnation of the Frank Fox property.
Please call if you have any questions.
Very truly yours,
Campbell Knutson
Professional Association
By:-' ~ .---,,, ', ....
Th~Smas M. Scott
TMS:cjh
Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION AUTHORIZING CONDEMNATION
OF PROPERTY FOR PARK/OPEN SPACE PURPOSES
Date Resolution
Motion By Seconded By
WHEREAS, the City Council of the City of Chanhassen does hereby determine
that it is necessary and for a public use and purpose to acquire property consisting of the
easterly 36.25 acres (approximately) of the property described below, located between
Pioneer Trail and Lyman Boulevard and east of the designated Highway 212 Right of
Way as depicted on the attached Exhibit A:
That part of the land parcel described below lying east of the proposed Highway
212 right of way, containing 36.25 acres, more or less:
The Southwest Quarter of the Southeast Quarter (SW ¼ of SE ¼) and the West
Half of Southeast Quarter of Southeast Quarter (W ½ of SE ¼ of SE ¼); also
South Half of the Southwest Quarter (S ½ of SW ¼) all in Section 23, Township
116, Range 23, excepting the following described tract: Commencing at the
Southwest corner of Section 23, Township 116, Range 23; thence running North
on the Section line 30 feet; thence in a straight line to a point on the South Section
line of said Section 30 feet east of the Southwest corner of said Section; thence
West 30 feet to the Southwest Corner of said Section and the point of beginning,
in Carver County, Minnesota°
WHEREAS, The City has been unable to acquire the property through
negotiation with the landowner.
NOW, THEREFORE, be it resolved by the City Council of the City of
Chanhassen, Minnesota:
1. That the City Attorney is authorized to commence eminent domain
proceedings pursuant to Minnesota Statute Chapter 117 to acquire title to the property
described above.
2. That the Mayor and the City Clerk are authorized to execute all documents
necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary
property interests.
80137
ADOPTED this
the City of Chanhassen.
__ day of
,1999, by the City Council of
ATTEST:
Scott A. Botcher, Clerk/Manager
Nancy K. Mancino, Mayor
80137
Thomas J. Campbell
Roger N, Knutson
Thomas M. Scott
Elliott B, Knetsch
Suesan Lea Pace
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
July 19, 1999
RECEIVED
JUL 2 ~ 1999
CITY OF CHANHASSEN
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foil
Marguerite M. McCarron
~Also liccnscd m \V'lsconsm
Mr. Todd Hoffman
City of Chanhassen
690 City Center Drive
Box 147
Chanhassen, MN 55317
Re: Frank J. Fox Property
Dear Todd:
Enclosed herewith for your information are two invoices we recently received
from Bettendorf Rohrer Knoche Wall, Inc. regarding the work performed by Marc
Knoche in the above matter. I recommend that the invoiced amount be paid to
Bettendorf Rohrer Knoche Wall, Inc.
If you have any questions regarding the above, please feel free to contact me.
Best regards,
CAMPBELL KNUTSON
Professional Association
By: ·
~mas M. Scott )/'~'
TMS:cjh
Enclosure
Suite 317 · Eagandale Off:ice Center * 1380 Corporate Center Curve * Eagan, MN 55121
Campbell Knutson, P.A. INVOICE
Attn: Mr. Thomas M. Scott Date:
Eagandale Office Center, Suite 317 June 29, 1999
1380 Corporate Center Curve Account Number:
Eagan, MN 55121 3847
Amount Enclosed
Return a copy with payment $
ii!iii!!!i !i!!!!!! ! : : :::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................... ================================================================================= :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
6/29/99 RE: A 36.25 acre land parcel-Frank J. Fox Property
Between Pioneer Trail and Lyman Boulevard
East of future Highway 212 right of way
Chanhassen, MN 55317
For appraisal services by Marc E. Knoche, MAI $4,000.00 '
BETTENDORF ROHRER KNOCHE WALL, INC.
A service charge of 1 ½% per month will be added after 30 days
Thank You
Campbell Knutson, P.A.
Attn: Mr. Thomas M. Scott
Eagandale Office Center, Suite 317
1380 Corporate Center Curve
Eagan, MN 55121
INVOICE
Date:
July 14, 1999
Account Number:
3847.1
Amount Enclosed
7/14/99
Return a copy with payment $
RE: A 36.25 acre land parcel - Frank J. Fox property
Between Pioneer Trail & Lyman Boulevard /'}'~
East of future Highway 212 right of way , ,._v/t//] /"f~
Chanhassen, MN .-,
For appraisal services by Marc E. Knoche, MAI
$400.00
BETTENDORF ROHRER KNOCHE WALL, INC.
A service charge of I ~% per month will be added after 30 days
Thank You
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Suesan Lea Pace
CAMPBELL KNUTSON,_..
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
April 27, 1999
Mr. Frank Fox .
27990 Smithtown Road
Excelsior, Minnesota 55331
Re: City of Chanhassen
Dear Mr. Fox:
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
*Als. ]ice~tsed m Wixconsin
We are the attorneys for the City of Chanhassen. The City has instructed us to enter
into negotiations with you for the acquisition of the roughly 35 acres of your property located
east of the proposed Highway 212 Right-of-Way.
We have hired an appraiser. His name is Marc Knoche: We would request
permission from you for Mr. Knoche to view your property.
I know that on a number of occasions there have been discussiOns between you and
the City concerning the acquisition of this portion of your property. Our goal over the next
number of months will be to hopefully negotiate an acquisition or if need be, commence
condemnation proceedings so that three court appointed commissioners can determine the fair
price for your property.
Please contact me to confirm that our appraiser can view the property. Also, I would
be more than happy to discuss with either you or your attorney anything relating to the
proposed acquisition.
I look forward to your response.
Best regards,
TMS:cjh
cc: Mr. Todd Hoffman
Mr. Marc E. Knoche
CAMPBELL KNUTSON
Professional Association
RECEIVED
.a. PR 9 1999
CITY UI~ CHANHASS£N
Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121
CHANHASSEN CITY COUNCIL
WORK SESSION
MARCH 15, 1999
PAGE 2
established field policy. Staff will also report on the percentages of growth per
association and growth projections in 5 years.
NEIGHBORHOOD PARK MAINTENANCE
City Council and staff discussed the merits of various levels of volunteer park
maintenance. City Council gave direction to the Park and Recreation Director to work
with the Park and Recreation Commission to develop a program which focuses on trail
pick up and special projects. Councilman Senn also requested that staff and the
commission explore the concept of"privatizing" park planning and maintenance by
giving neighborhoods more control of the parks.
REFERENDUM LAND ACQUISITION
The City Council was presented with a history of the referendum open space acquisition
efforts made to date. The City Council gave direction to staff to pursue acquisition of
parcel 1A (a portion of the Frank Fox property).
INTERVIEW CANDIDATES FOR THE LAW ENFORCEMENT TASK FORCE
The council interviewed the following people for the Citizen-at-large position on the Law
Enforcement Task Force: John Hull, Kenneth Block, Miles Lord, Robert Wold, and Brent
Polivany. The council will appoint one applicant On Mamh 22.
VOLUNTEER RECOGNITION DINNER
The council would like to host a volunteer recognition dinner on July l0th at either Lake Ann
Park or City Center Commons (tent would be required at this location). The Park and Recreation
Department will coordinate the event. Council requests each department to compile a list of
volunteers, including a short description of their volunteer service.
TASK FORCES
Sixteen applications were received for the computer task force. Staff asked if the council wanted
to interview all sixteen or how they wanted to narrow the field to 5. Each council member will
review the applications and rate the candidates in order of preference. The council will then
compare scores to determine if there is a consensus among the ratings. The council will meet at
4:30 p.m. on Monday, March 29 to review the ratings.
Submitted by Todd Gerhardt, Acting City Manager
Prepared by Norma Schuller
AGENDA
CITY COUNCIL 'WORK SESSION
MONDAY, MARCH 15, 1999, 5:30 P.M.
COURTYARD. CONFERENCE ROOM, 690 CITY CENTER DR.
5:30p. m. - 1999 Board of Review, Presentation by Odin Schafer, County
Assessor.
6.'00 p.m. - Discussion Regarding Allowing Parking On Lake Lucy Road
between Galpin Boulevard and Highway 41.
3. 6.'30p. m. - Park & Recreation Items:
a. Facility Scheduling Report
b. Neighborhood Park Maintenance
c. Referendum Land Acquisition
4. 7:30p. m. -
Interview Candidates for the Law Enforcement Task Force:
a. 7:30p. m. - John Hull
b. 7:45 p.m. - Kenneth Bloch
5. 8:00p. m. - Discussion of Volunteer Recognition Dinner (verbal).
6. 8:30p. m. -
Discussion Regarding Task Forces (verbal).
CITYOF
Center Drive, PO Box 147
assen, Minnesota 55317
5one 612.93Z 1900
ral £~a' 612.937.5739
ering Fax 612.93Z9152
~feO, F~r 612.934.2524
.,wu:ci. chauhassen, m,.,s
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Todd Gerhardt, Acting City Manager
Todd Hoffman, Park & Recreation Director
March 10, 1999
Referendum Land Acquisition
A top priority of the 1997 Park, Trail, and Open Space Referendum has yet to be
accomplished. The acquisition of a large parcel(s) of open space (approximately
$1.3 million is on account). The reason behind our inability to secure a tract of
land is quite simple--land in Chanhassen, existing outside the MUSA Line,
appraises at an average of $10,000-$15,000 per acre. However, the landowners'
asking prices or expectations are generally $30,000 or more an acre.
On Monday night I will give a brief overview of the history of this component of
the referendum, after which I hope to discuss some options for moving forward.
g:\park\thXreferendum land acq.doc