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<br />WHEREAS, entry on the Subject Property for environmental testing is rationally <br />related to health, safety or welfare concerns of the City in connection with <br />possible eminent domain proceedings; <br /> <br />WHEREAS, TIP, the tenant of the Subject Property, permits the City's Staff to enter <br />upon the Subject Property for purposes of environmental testing; <br /> <br />WHEREAS, despite numerous attempts by the City Attorney's office, Regor, Inc., the <br />owner of the Subject Property, refuses to permit the City's Staff to enter <br />upon the Subject Property for purposes of environmental testing; <br /> <br />WHEREAS, pursuant to Minnesota Statutes Section 117.041, the City's only <br />alternative is to pass a resolution authorizing entry upon the Subject <br />Property for purposes of environmental testing; <br /> <br />NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesota Statutes Section <br />117.041, City Staff shall undertake the steps necessary to ensure access to <br />the Subject Property for purposes of investigation, monitoring, testing, <br />surveying, boring, or other similar activities necessary or appropriate to <br />identify the existence and extent of a release or threat of release of a <br />hazardous substance, pollutant, or contaminant, and for preparation of a <br />Phase I Environmental Survey and a Phase II Environmental Survey. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Member <br />Maschka and upon a vote being taken thereon, the following voted in favor thereof: <br />Wiski, Mastel, Maschka, Goedeke and Kysylyczyn <br />and the following voted against the same: None <br />