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HomeMy WebLinkAbout2001-021 EDAR1 1 1 Commissioner Tim Ricker introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2001 21 RESOLUTION AUTHORIZING THE ACQUISITION OF A PARCEL OF REAL PROPERTY FOR ELIMINATION OF BLIGHT AND REDEVELOPMENT PURPOSES WHEREAS, the Brooklyn Center Economic Development Authority (the "EDA a body corporate and politic organized and existing under the laws of the State of Minnesota, has the power to engage in development and redevelopment activities pursuant to Minn. Stat. 469.090 to 469.018 and related statute; and WHEREAS, there has been duly adopted and is now in legal effect a Modified Redevelopment Plan for Housing Development and Redevelopment Project No. 1, which was initially adopted by the Brooklyn Center Housing and Redevelopment Authority and the Brooklyn Center City Council on July 22, 1985, which initial plan has been subsequently modified and amended by various resolutions; and WHEREAS, there is a parcel of real property in the City of Brooklyn Center with a street address of 5801 Xerxes Avenue North and which is legally described as Tract B, Registered Land Survey No. 1262, Files of the Registrar of Titles, Hennepin County, Minnesota (the "Property and WHEREAS, the Property consists of a land area of approximately 210,698 square feet on which is located an older retail store of only approximately 33,000 square feet. The store building is presently and for some time has been unoccupied. Staff from the EDA and the City of Brooklyn Center's Building Official have recently toured the Property and have personally observed the dilapidation, obsolescence, faulty arrangement, and deteriorating condition which is present at the Property, all of which cause the Property to be blighted and a blighting influence and which is described in more detail in the Staff Report of even date herewith; and WHEREAS, according to the Hennepin County Assessor's Office, the improvements at the Property have a market value of only $100,000 and the EDA staff has recently been provided with an estimate that it will cost in excess of one -half million dollars for repairs to the leaking roof alone; and that expensive repairs are also needed to the HVAC system, the building's exterior shell, for landscaping and parking lot improvements, and for other costs and expenses which would be necessary to restore the building on the Property to a condition in which a tenant would be willing to occupy the building on the Property; and WHEREAS, the Property is located in an area of significant public and private investment, which investment is negatively impacted by the continuing presence of the deteriorated improvements on the Property. According to the EDA staff, the Property is not being used for its highest and best use which is for demolition, clearance, and new development; and RESOLUTION NO. 2001 21 WHEREAS, the ownership of the property is such that it is divided between a fee owner and two longer term leases and the present divided ownership appears to be one of the reasons why no redevelopment has occurred to date, despite the significant improvements made in the surrounding area; and WHEREAS, the EDA has determined and believes based upon the report of its staff and the determination of its Board of Commissioners that the demolition, clearance, and redevelopment of the Property is in the best interests of the EDA and the City of Brooklyn Center, and will assist in improving the health, safety, and welfare of the residents of the City of Brooklyn Center, and is in accordance with the public purpose and provisions of all applicable state and local laws. NOW, THEREFORE, the Brooklyn Center Economic Development Authority, in view of the foregoing determinations which are hereby adopted as findings of fact, hereby resolves as follows: 1. The EDA hereby determines that it is in the public interest and is necessary for purposes of eliminating a blighting influence and to provide a site for future redevelopment, for the EDA to acquire through negotiation with the property owner or by eminent domain the Property as described above. 2. The acquisition of the Property is hereby determined to be necessary to eliminate a blighting influence, to carry out a redevelopment project, and to fulfill the goals and objectives of the Redevelopment Plan for Housing Development and Redevelopment Project No. 1. 3. The acquisition of the Property is reasonably necessary for and fulfills the public purpose of removing and eliminating a blighting influence and providing a site for future redevelopment, which in turn will result in an increase in the tax base, all of which will result in an improvement in the health and welfare of the citizens of Brooklyn Center. 4. For the reasons set forth herein and in the materials prepared by staff, the EDA hereby deems it necessary to proceed without delay under Minn. Stat. 117.042 and to pay to the owners or into the District Court a sum of money to .secure compensation to the owners of interests in the Property, which amount shall be equal to the petitioner's approved appraisal of value as determined by the executive director of the EDA and legal counsel. The EDA hereby specifically authorizes its executive director to oversee and its legal counsel to acquire the Property pursuant to the provisions of Minn Stat. 117.042, and use the "quick take" procedure in acquiring title to the Property. 5. Because of the above determination to acquire the Property by the use of the power of eminent domain, the EDA hereby directs its staff to enter into a contract for legal services with the law firm of Briggs and Morgan, P.A., RESOLUTION NO. October 22, 2001 Date 2001 21 and hereby authorizes Briggs and Morgan as its legal counsel to undertake all actions and do all things necessary and required for the EDA to acquire the Property by use of the power of eminent domain. The motion for the adoption of the foregoing resolution was duly seconded by commissioner Bob Peppe and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay Lasman, Bob Peppe, and Tim Ricker; and the following voted against the same: none; where upon said resolution was declared duly passed and adopted.