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HomeMy WebLinkAbout1999-028 EDARRESOLUTION AUTHORIZING THE ACQUISITION OF A PARCEL OF REAL PROPERTY FOR REDEVELOPMENT PURPOSES 1 1 Commissioner Debra Hilstrom moved its adoption: EDA RESOLUTION NO. 99 -28 introduced the following resolution and 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 Minnesota Statutes §469.090 to 469.018 and related statutes; 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, the EDA has negotiated and intends to adopt concurrently with this resolution, a resolution authorizing the execution of a Development Agreement by and between the EDA and PDHC, Ltd., a Minnesota corporation (the "Developer which Development Agreement sets forth the terms and conditions under which the EDA and the Developer seek to provide for the redevelopment of a parcel of real property in the City of Brooklyn Center; and WHEREAS, the Developer is the owner and lessee, respectively, of two separate parcels of improved property located in the City of Brooklyn Center, which parcels are separated by a single parcel owned by a third party, which parcel has a street address of 6421 Brooklyn Boulevard, Brooklyn Center, Minnesota, is identified by Property Identification No. 34- 119 -21 -31 -0105, and which property is legally described as Lot 2, Block 1, Dental Center Addition, according to the recorded plat thereof and on file with Hennepin County (the "Development Parcel and WHEREAS, the Developer desires to assemble the Development Parcel with its existing two parcels of improved property, in order to construct additional improvements on the combined property such that it may expand, connect, and integrate its existing dental office facilities into a larger and more modem office, which will have the effect of increasing employment in the City of Brooklyn Center, providing for an increase in the tax base, and result in an improvement in the provision of dental services to the residents of Brooklyn Center; and WHEREAS, the EDA has determined to assist the Developer with the acquisition of the Development Parcel in order to construct the proposed project; 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 development and construction of the project as proposed by the Developer is in the best interests of the EDA and the City of Brooklyn 1 EDA RESOLUTION NO. 99 -28 Center, and will assist in improving the health, safety, morals, 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; and WHEREAS, the EDA believes and determines that but for its acquisition of the Development Parcel and the assistance to be provided to the Developer, that the proposed redevelopment would not otherwise occur and the benefits to be received from the proposed project would be lost. 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 proceeding with the proposed redevelopment project for the EDA to acquire through negotiation with the property owner or by eminent domain the Development Parcel as described above. 2. The acquisition of the Development Parcel is hereby determined to be necessary 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, which plan is hereby modified as necessary to provide for the acquisition of the Development Parcel. 3. The acquisition of the Development Parcel is reasonably necessary for and fulfills the public purpose of increasing employment in the City of Brooklyn Center, providing for an increase in the tax base, and will result in an improvement in the health and welfare of the citizens of Brooklyn Center. 4. For the reasons set forth herein, in the Development Agreement, and in the materials prepared by staff, and because any delays in the assemblage of the property into a viable single parcel for private redevelopment will unreasonably delay the fulfillment of the provisions of the Development Agreement, the EDA hereby deems it necessary to proceed without delay under Minnesota Statute 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 Development Parcel, which amount shall be equal to the petitioner's approved appraisal of value as determined by the EDA staff and legal counsel. The EDA hereby specifically authorizes and intends that its legal counsel shall acquire the Development Parcel pursuant to the provisions of Minnesota Statute 117.042, and use the "quick take" procedures in acquiring title to the Development Parcel. 1 1 EDA RESOLUTION NO. December 13, 1999 99 -28 5. Because of the above determination to acquire the Development parcel 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., 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 Development Parcel by use of the power of eminent domain. Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner Fri Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.