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HomeMy WebLinkAbout2005-018 EDARadoption: Member Kathleen Carmody introduced the following resolution and moved its EDA RESOLUTION NO. 2005 RESOLUTION RESCINDING THE DETERMINATION TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN RESOLUTION NO. 2004 -18 BROOKDALE FORD WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center, Minnesota "EDA is a body corporate and politic organized and existing under the laws of the State of Minnesota, and has the power to engage in development and redevelopment activities pursuant to Minn. Stat. §469.090 §469.018 and related statutes; and WHEREAS, on December 13, 2004, the EDA adopted Resolution No. 2004 -18, a Resolution Authorizing the Acquisition of Real Property for Redevelopment of Opportunity Site, Phase I (Brookdale Ford Site)(the "Resolution and also Resolution No. 2004 -19, authorizing acquisition of Brookdale Square; and WHEREAS, in the Resolution, the EDA determined that it was in the public interest and necessary for purposes of proceeding with the proposed redevelopment of the Opportunity Site, Phase I, for the EDA to acquire through negotiation with the property owner or by eminent domain the Real Property described therein; and WHEREAS, since the adoption of the Resolution, the EDA staff and legal counsel have met and communicated with the owner of the Real Property and its legal counsel; have attempted in good faith to negotiate a purchase of the Real Property; and have reported to the EDA that the parties are far apart in negotiating a voluntary purchase of the Real Property; and WHEREAS, in consideration of the events which have transpired over the course of the last year, which include the opposition of the owner of the Real Property to the acquisition of its property by eminent domain; in order to provide greater certainty to the owner of the Real Property and for all its customers; and for all of the reasons set forth in the Staff Memorandum; the staff has recommended to the EDA that it is appropriate to rescind that part of the Resolution which authorizes the acquisition of the Real Property by eminent domain; and NOW, THEREFORE, be it resolved by the Economic Development Authority in and for the City of Brooklyn Center, Minnesota, in view of the foregoing which are hereby adopted as findings of fact, the EDA hereby resolves as follows: 1. The EDA hereby rescinds that part of the Resolution which authorized the EDA to acquire the Real Property by eminent domain and that part of the Resolution which authorized and directed its legal counsel to acquire the Real Property pursuant to Minn. Stat. §117.042. 2. The EDA hereby states that it is the sense of its Board of Commissioners that the EDA has no intention of using its power of eminent domain to acquire the Real Property in the foreseeable future. December 12, 2005 Date /1 Presiden The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Diane Niesen and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.