HomeMy WebLinkAbout2005-019 EDARadoption:
Member Diane Niesen introduced the following resolution and moved its
EDA RESOLUTION NO. 2005 -19
RESOLUTION RESCINDING THE DETERMINATION TO ACQUIRE REAL
PROPERTY BY EMINENT DOMAIN IN RESOLUTION NO. 2004 -19 BROOKDALE
SQUARE
WHEREAS, the Brooklyn Center Economic Development Authority "EDA a body
corporate and politic organized and existing under the laws of State of Minnesota, 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 -19, a Resolution
Authorizing the Acquisition of Real Property for Redevelopment of Opportunity Site, Phase I (Brookdale
Square) (the "Resolution and also Resolution No. 2004 -18, authorizing acquisition of the Brookdale Ford
site; 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; the opposition of the owner of Brookdale Ford 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 J1/h•�t.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Mary 0' Connor
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.