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HomeMy WebLinkAbout1999 12-03 EDAP Regular Session EDA MEETING * *REVISED ** • City of Brooklyn Center December 13, 1999 AGENDA 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. November 8, 1999 - Regular Session 4. Commission Consideration Items a. Resolution Approving the Final Brooklyn Center Economic Development Authority Budget for Year 2000 Pursuant to MSA Chapter 469.107, Subdivision 1 - Requested Commission Action: -Motion to adopt resolution. b. Resolution Requesting the City of Brooklyn Center to Levy Taxes for the Benefit of the Brooklyn Center Economic Development Authority for the Year 2000 - Requested Commission Action: - Motion to adopt resolution. C. Resolution Amending the Brooklyn Center Economic Development Authority Budget for Projects Undertaken During the Year 1999 , - Requested Commission Action: -Motion to adopt resolution. 5. Public Hearing a. Regarding the Sale of Land by the Economic Development Authority for the City of Brooklyn Center I . Resolution Approving and Authorizing Execution of a Development Agreement 2. Resolution Authorizing the Acquisition of a Parcel of Real Property for Redevelopment Purposes EDA AGENDA -2- December 13, 1999 -Requested Commission Action: -Open the public hearing. -Take public input. -Close the public hearing. -Motion to adopt resolutions. 6. Adjournment • EDA MEETING * *REVISED ** City of Brooklyn Center • December 13, 1999 AGENDA 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. November 8, 1999 - Regular Session 4. Commission Consideration Items a. Resolution Approving the Final Brooklyn Center Economic Development Authority • Budget for Year 2000 Pursuant to MSA Chapter 469.107, Subdivision 1 -Requested Commission Action: - Motion to adopt resolution. b. Resolution Requesting the City of Brooklyn Center to Levy Taxes for the Benefit of the Brooklyn Center Economic Development Authority for the Year 2000 -Requested Commission Action: - Motion to adopt resolution. C. Resolution Amending the Brooklyn Center Economic Development Authority Budget for Projects Undertaken During the Year 1999 -Requested Commission Action: - Motion to adopt resolution. 5. Public Hearing a. Regarding the Sale of Land by the Economic Development Authority for the City of Brooklyn Center 1. Resolution Approving and Authorizing Execution of a Development Agreement 2. Resolution Authorizing the Acquisition of a Parcel of Real Property for • Redevelopment Purposes EDA AGENDA -2- December 13, 1999 • - Requested Commission Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolutions. 6. Adjournment • • I • EDA Agenda Item No. 3a MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 8, 1999 CITY HALL 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Myrna Kragness at 7:44 p.m. 2. ROLL CALL President Myrna Kra ness Commission Members Debra Hilstrom Ka Lasman, Ed Nelson, and Y g Y Robert Peppe. Also present: Executive Director Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. • 3. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Commissioner Hilstrom, seconded by Commissioner Nelson to approve the agenda and consent agenda. Motion passed unanimously. 3a. APPROVAL OF MINUTES A motion by Commissioner Hilstrom, seconded by Commissioner Nelson to approve the minutes from the regular session on October 25, 1999. Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY ON BROOKLYN BOULEVARD TO HENNEPIN COUNTY FOR HIGHWAY EASEMENTS NECESSARY TO CONSTRUCT IMPROVEMENT PROJECT NO. 1999-04, BROOKLYN BOULEVARD, 65TH AVENUE TO 71ST/NOBLE AVENUES 11/08/99 -1- DRAFT Executive Director Michael McCauley discussed this resolution would authorize the conveyance and execution of temporary construction easements to Hennepin County for highway easements necessary to construct Improvement Project No. 1999 -04. RESOLUTION NO. 99-23 Commissioner Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY ON BROOKLYN BOULEVARD TO HENNEPIN COUNTY FOR HIGHWAY EASEMENTS NECESSARY TO CONSTRUCT IMPROVEMENT PROJECT NO. 1999 -04, BROOKLYN BOULEVARD, 65TH AVENUE TO 71 ST/NOBLE AVENUES The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lasman. Motion passed unanimously. 5. ADJOURNMENT TO TOUR OF NEW POLICE FACILITY A motion by Commissioner Hilstrom, seconded by Commissioner Peppe to adjourn the meeting at 7:55 p.m. Motion passed unanimously. President 11/08/99 -2- DRAFT • EDA Agenda Item No. 4a Member introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING THE FINAL BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR THE YEAR 2000 PURSUANT TO MSA CHAPTER 469107. SUBDIVISION 1 WHEREAS, the Brooklyn Center Economic Development Authority has considered the final budget and finds that this budget is necessary for the operation of the Brooklyn Center Economic Development Authority during the year 2000. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority for the City of Brooklyn Center as follows: 1. that the final budget of the Economic Development Authority for said City is hereby approved and shall be: ESTIMATED REVENUES: General Property Taxes $202,240 Intergovernmental Revenue CDBG 241,308 • I.D.R.B. Fees 12,000 Investment Earnings 30,000 Transfer from H.R.A. Fund 164.166 Total Revenue by Source $649,714 APPROPRIATIONS: Redevelopment $408,406 CDBG programs 241.308 Total Appropriations $649,714 2. that a copy of this resolution be submitted to the City Council of the City of Brooklyn Center. Date President The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: is and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • EDA Agenda Item No. 4b • Member introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION REQUESTING THE CITY OF BROOKLYN CENTER TO LEVY TAXES FOR THE BENEFIT OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY FOR THE YEAR 2000 WHEREAS, Minnesota statutes currently require certification to the Hennepin County Auditor of a final tax levy on or before December 28, 1999. NOW, THEREFORE, BE IT RESOLVED by the Economic Development_ Authority of the City of Brooklyn Center as follows: Section 1: That the Economic Development Authority requests the City of Brooklyn Center to levy a property tax for the benefit of the Economic Development Authority, for the year 2000 at a rate not to exceed 0.01813 % of taxable property, real and personal, situated within the corporate limits of the City of Brooklyn Center, Minnesota and not exempted by the Constitution of the State of Minnesota or the valid laws of the State of Minnesota, for the purpose of maintaining the E.D.A. Special Operating Fund pursuant to MSA Chapter 469.107, Subdivision 1. • Section 2: The City of Brooklyn Center will include the Economic Development Authority's tax levy for the year 2000 in the City of Brooklyn Center's certification to the Hennepin County Auditor of a final tax levy to on or before December 28, 1999. Date President The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • EDA Agenda Item No. 4c Member introduced the following resolution and moved its adoption: • EDA RESOLUTION NO. RESOLUTION AMENDING THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR PROJECTS UNDERTAKEN DURING THE YEAR 1999 WHEREAS, the Brooklyn Center Economic Development Authority adopted a budget for the operation of the Brooklyn Center Economic Development Authority during the year 1999; and, WHEREAS, construction of houses in the development along 53rd Avenue were undertaken during the year which resulted in revenues from house sales of about $2,420,000 and construction costs of about $2,250,000; and, WHEREAS, acquisition of properties at 69th Avenue and Brooklyn Boulevard were made at a cost of $1,650,000 which are finance through the proceeds of the 1995 bonds; and, WHEREAS, several grants were applied for to facilitate the redevelopment of the Joslyn Site which require the EDA to be the recipient of the grant revenue and pay the proceeds to the developer in the amount of $1,460,000. • NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority for the City of Brooklyn Center that the 1999 budget of the Economic Development Authority for said City is hereby amended to increase the following: ESTIMATED REVENUES: Intergovernmental revenues - State & Metro Council grants $1,460,000 Sale of property 2,420,000 Transfer from Fund Balance (bond proceeds) 1.480.000 Total Revenue by Source $5,360,000 APPROPRIATIONS: Joslyn Redevelopment contracts $1,460,000 Construction contracts for 53rd Avenue 2,250,000 Purchases of property - 69th & Brooklyn Boulevard 1.650.000 Total Appropriations $5,360,000 Date President The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • EDA Agenda Item No. 5a MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: December 9, 1999 SUBJECT: Park Dental Development Agreement A public hearing has been called by the EDA to consider three (3) resolutions related to the construction of a new dental clinic at 64th and Brooklyn Boulevard. The first resolution authorizes the President and Executive Director of the EDA to enter into a development agreement with Park Dental (PDHC, Ltd.) for the construction of a new clinic approximately 10,000 square feet in area. The second resolution authorizes the EDA to acquire a parcel of land (6421 Brooklyn Boulevard) adjacent to the current clinic through negotiations or condemnation (quick take). It also authorizes retaining Briggs and Morgan to do the acquisition. The acquired land would be combined with Park Dental's current site and the new building would be located on the acquired property. The EDA's acquisition of the property is required under the terms of the agreement. The third resolution and the public hearing authorizes the sale of the acquired property to Park Dental. All of the actions are • contingent upon Park Dental depositing with the EDA a letter of credit sufficient to offset any cost incurred by the EDA in the acquisition of the site. The property to be acquired is owned by Mr. Richard Johnson. Mr. Johnson, who resides in Arizona and I believe Park Rapids during the summer, has been notified by letter of this public hearing and the proposed action and informed that he can express his views /concerns in writing or directly to me for EDA consideration if he or his representative were unable to attend. At this time I have not heard from Mr. Johnson. The single family home at 6421 Brooklyn Boulevard is the site of the vacuum repair service and its acquisition would be consistent with a long term goal of reducing single family homes on Brooklyn Boulevard and the Comprehensive Plan. Monday evening we will have renderings of the proposed redevelopment and site plans available for the Board's review and comment. As the Board may recall, last August staff reviewed the concept with the Board. The agreement between the EDA and PDHC, Ltd. calls for the EDA to acquire 6421. Brooklyn Boulevard and sell the site to Park Dental or its assigns. Park Dental is responsible for all costs incurred by the EDA in the acquisition of the property and any related relocation expenses. Park Dental will replat the site into a single parcel and look to start construction in the summer of 2000. The EDA will seek the rezoning of the property to be acquired to be consistent with the surrounding parcels, and the Comprehensive Plan. The EDA's efforts to rezone the property at Park Dental's expense is to facilitate a construction start in July. The property at 6421 Brooklyn Boulevard is currently oned RS and the adjacent properties are Cl. The Comprehensive Plan Y J p P p . contemplates a C1 use on them. Monday evening we will be prepared to answer the Board's questions about the project and provide greater detail about the development agreement. Representatives of Park Dental will be present. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: December 9, 1999 SUBJECT: Park Dental Resolutions Resolution numbers 5al and 50, as noted on the City Council agenda, have been combined into one single resolution. The two resolutions will be sent to the City Council with the update on Friday. I • • EDA Agenda Item No. 5a1 21�i'f22iO31 JUHNSUN KILLEN ET RL F - 636 T -371 P -002 DEC 10 '99 14:26 Joseph B. Johnsont JOHNSON, 1{ UXN, TM615EAU & SEZM, P.A. I �' Dad id M. Johnson* John J. K.iHenf ATTORNEYSAT LAW Jerome D. Feriancek* Thomas R. Thibodeau*t 811 NORWEST CENTER • 230 W. SupERIOR ST. Mok Vidya thi iteven J. Seiler DULUTH, MINNESOTA 55802 Laura J. Schacht John N. Nys* F ACStMLLE 218 -722 -3031 1 1 i Tothy A . Costley ' Robert C. Pearson* � TEr.Bpsotve 218 - 7226331 ; . James A. Wade *t Joseph J. Roby, Jr. *# Writer's E-Mail Address is: * Member of Waconsin Bar Nicholas OSt RICO* djohnsonoduluthl.aW.com, $Civil Trial Specialist Certified b Greg C. Gilbert* the Mb -nora S=e Bar Association sally L. Tamowdd* Md the National Board of Fay December i Trial A&o Fay M. Witt* 10,1999 I a i tof Cotouel I j Mr. Brad Hoffman Community Development Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 I Via Facsimile (612) 569 -3494 and Mail Re: Park Dental Development Agreement i Dear Mr. Hoffman I represent Richard Johnson related to the above- referenced matter. He is uncle. A co of the Y PY , notice sent to Mr. Johnson is attached for the convenience of your review. i I would appreciate it if you would send me a copy of the proposed " Develolment Agreement." In particular, I am concerned about whither the ro sed agreement would ski cf , the e . P Pa 1 u7 r gturerxlentS for a public taking, that is, that it must serve a public purpose and be necess,ry. See City of I?uluth v. State, 390 N.W.2d 757, 763 (Minn. 986). Your correspondence summ ,1zes the transaction as merely having the Economic Development Authority act as a purchasing age1't for Park Dental The most recent case I have been able to locate related to the taking of property for a private purpose is Minneapolis Community Development Agency v. Opus, 582 N.W2d 596 (Minn. App. 1998). Although the court upheld the taking, the primary public purpose was to line a needed mid priced retail store, increased parking, increasea employment, increased tax base, extension of the s ' wa Y system, and other modernization benefits. The public purpose of an "expanded dental clinic" a neighboring vacuum cleaner shop is at best unclear. (Clean teeth over clean floors ?) 1 I At this point, I have not been able to gather the necessary information related to the "neces ity" P� of the analysis. y sis. I am hoping that, I can obtain copies of your mat ials, I will be able to make a further evaluation of these factors. ' ! I 1 � I will be unable to attend your schedulgd meeting, but I would appreciate itf you would sham the • following suggestion with the Economic Development Authority. First, I b 'lleve that it would be Prudent to table .consideration of the proposed agreement until negotiations �or the direct purchase of the property have failed. Simply put, I believe that it does not make such sense to beiin a 1 rQaarses;,,�e rasa I i G1U I GLJUJl JUFII YJUI`I l C I HL r I - ,5 (I t"' - bud lltL IU I JOHNSON, K1I.LEN, THIBODEAU & S EILM P.A. Mr. Brad Hoffman December 10, 1999 Page 2 process that could steer the parties into litigation unless that becomes absolulel neces Toward y � 1 that end, the Economic Development Authority could become involved in6t process to al to facilitate a fair resolution. I look forward to working with you on thus matter, and please call me r earliest convenience. i V ours D Jo n DMJ/lt cc: Richard Johnson i I Philip Carruthers ' ; I I 1 � � 1 I j. 1 I j 1 1 � I i �1�(22Sb31 JUHNSUN KILLEN El HL F - 636 1 -371 P - 004 DEC 10 '99 14:26 I 1 City of Brooklyn Center Agreat place to start A great place to stay- � November 30,1999 l Mir_ Ricbard Johnson � 6421 Brooklyn Boulevard BrOOklyn Center, MN 55424 i Dear Mr. Johnsam At its December; 13, 1.999 meeting, the Brooklyn Center ficonomic Develop _meat Authority {BDA) Will consider a development agreement (contract) with Park Dent d Health ter to construct a new and expanded dratal clinic. In order to construct the nc:w clinic and as part otthe EDXs agreement with Pads Dental, the BDA would acquire the property currently owned by you at 6421 Bro yn Boulevard and s me ell the sa to Park Dental. i 1 At the meeting of the 13th, the EDA - j ill consider several resolutions inc ' �ding approval oi the agmement with the dental clinic and a resolu'en authoazing the acgmsitioa of your property ei'd= • by negotiation or cmvaeut domain. The meeting which will be held at 7 p.m.dat 6301 Shingle dreek Parkway in the City Council Chambers, is open to the public and your thoughts and concerns are most wdcomo. If you are unable to ane6d, you may wish to address the ED.'S, Board in writiA � For their consideration in this rnat ter at the Ming. If you bane any questions that I can Help you i vith Ply feel free to call me at 612 -569 -3300. i Sincerely, Brad Hoffman .. .. .. i . _ . _ ' i .. .. _ _ .. ... - - - - - -• .. Cor=unity Development Director .CITY OF BROOKLYN %-=4 t r.:rc B1dpp i I i 6301 Shingle Creek Pkwy, Brwklyn Center,' MN 5542&2 1Z • City Hall & TDD ��Twnber (612) 569 Rscrgation and Cvmmurcity Center Phone & TDD Number. (612) 569.3400 t (612) 569-3 An Al f try calve Acti n!$qual Oppao�tunities Bmployer t0/t0 - ,J 1 r �6� Zb r�Gl G0- Zt'GGG� I btOT Q19C Ztfl ' SDTZ ;;.QW'e LJOW j • Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WHEREAS, the Brooklyn Center Economic Development Authority (the "Authority ") has caused to be prepared a Development Agreement (the "Development Agreement ") between the Authority and PDHC, Ltd., a Minnesota corporation (the "Developer'). WHEREAS, the Development Agreement provides that the Authority will acquire certain real property located in the City (the "Development Parcel ") and subsequently convey the Development Parcel to the Developer, and the Developer will construct on the Development Parcel a 10,000 square foot dental office (the "Project "). WHEREAS, the Authority believes that the development and construction of the Project is in the best interests of the residents of the City. WHEREAS, the Authority has held a public hearing on the sale of the Development • Parcel to the Developer as required by Minnesota Statutes, Section 469.105. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Brooklyn Center Economic Development Authority as follows: Section 1. The Board of Commissioners hereby approves the Development Agreement in substantially the form submitted, and the President and Executive Director are hereby authorized and directed to execute the Development Agreement on behalf of the Authority. Section 2. The sale of the Development Parcel to the Developer under the terms and conditions set forth in the Development Agreement is hereby approved. Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • EDA Agenda Item No. 5a2 i • • REVISED Commissioner introduced the following resolution and moved its adoption: i EDA RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF A PARCEL OF REAL PROPERTY FOR 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 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 parry, 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 modern 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 • EDA RESOLUTION NO. REVISED 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 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. EDA RESOLUTION NO. REVISED 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 and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.