HomeMy WebLinkAbout89-014
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STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION NUMBER 89-14
A RESOLUTION AUTHORIZING CITY'S
ACQUISITION OF KEM MILLING'S PROP-
ERTY SOUTHWESTERLY OF ROUND LAKE
SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, Kern Milling Division ("Kern Milling") of J. Darling
& Co., a Delaware corporation, owns property Southwesterly of
Round Lake in the Northeasterly Quadrant of the intersection of
1-694 and I-3SW in the City of Arden Hills (the "City") on which
it operates a plant which renders feathers into meal which it
then resells as feed for chickens and turkeys, and
WHEREAS, obnoxious, unwholesome and foul odors emanating
from the plant have for many years irritated many residents of
the City and have had a deleterious effect upon the quality of
life in the City, and
WHEREAS for many years Kern Milling and its predecessors have
been operating the plant without a permit from the Minnesota
Pollution Control Agency ("MPCA"), and
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WHEREAS at the City's instigation, the MPCA has required Kern
Milling to undergo a permitting process by which the MPCA is
requiring Kern Milling to invest sizeable sums of money in order
to bring its facility into compliance with the MPCA regulations
and the laws of the State of Minnesota, and
WHEREAS Kern Milling deems it prudent to sell its property in
the City rather than to invest in improvements required by the
MPCA and has indicated a desire to sell the property to the City,
WHEREAS, Kern Milling's property and the plant thereon stand
in the way of the City I S uniform development of the property
lying Southwesterly and Westerly of Round Lake, in the
Northeasterly quadrant of the intersection of I-694 and I-35W, as
the "Gateway Business District", regulations for which the
Planning Commission and the City Council of the City have been
promulgating over the last year, and
WHEREAS, it is the intent of the City to maximize
development of the Gateway Business District and concomitantly to
maximize real estate taxes derived from the development thereof,
and
WHEREAS, the Kern Milling facility, if left status quo, is a
public nuisance and poses a public health problem for the City,
and
WHEREAS, the City has the power as a statutory city under
the laws of Minnesota to acquire real property under Sections
412,221 and 412,211 of Minnesota Statutes, and
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WHEREAS, the City likewise has the power under Chapter 469
of Minnesota Statutes and intends to create an authori ty or
development district or a program within the meaning of said
Chapter 469 to acquire, construct, reconstruct, improve, alter,
extend, operate, maintain or promote developments aimed at
improving the physical facilities, quality of life and quality of
transportation in the City,
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City acquire
the Kern Milling property from Kern Milling for the price of
$550,000.00 cash, with $10,000.00 cash to be paid as earnest
money and the balance of the purchase price to be paid at the
closing, which shall take place 60 days from the date the
purchase agreement has been executed by both Kern Milling and the
City, the City's consummation of such purchase, however, being
subject to the following two conditions:
a. The City has first established an authority,
development district or program within the meaning of Chapter 469
of Minnesota Statutes, as amended, and
b. An environmental audit of the Kern Milling property
-- which shows that it is totally free of all hazardous substance
and contaminants and thus is not violative of any federal or
state environmental pollution law has been performed by a
reputable environmental audit/testing company, approved by both
Kern Milling and the City, whose charges and disbursements shall
be defrayed solely by Kern Milling.
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BE IT FURTHER RESOLVED that the Acting City Attorney, Jerome
p, Filla be authorized to prepare the necessary purchase
agreement to effectuate the terms of this Resolution and the
Mayor and the Administrator of the City be authorized and
directed to execute the same and to deliver the purchase
agreement to the appropriate officers of Kern Milling for
execution thereby.
Passed by the City Council this 27th day of February, 1989.
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- Thomas R: Sather, Mayor
Attest:
Ga~ ~r~21ministrator
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