HomeMy WebLinkAboutResolution No. 2005-12CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 2005-12
AMENDING RESOLUTION NO. 2005-05 AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN PROPERTY FOR REDEVELOPMENT AND
ROAD PURPOSES
WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and
existing mhder the laws of the State of Mim~esota; and
WHEREAS, the City Com~cil is the official governh~g body of the City; mhd
WHEREAS, the City and the Columbia Heights Economic Development Authority (as
successor to the Housing and Redevelopment Authority in and for the City of Columbia Heights)
("Authority") have undertaken a program to promote redevelopment of land that is characterized
by blight and blighting factors within the City, and in this comhection the Authority administers a
redevelopment project lcnown as the Downtown CDB Redevelopment Project ("Project")
pursuant to Mim~esota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and
WHEREAS, pursum~t to Mi~mesota Statutes, Sections 469.090 to 469.1081 ("the Act")
mhd the HRA Act, the Authority is authorized to acquire real estate by exercising the power of
eminent domain trader and pursum~t to Mime. Stat., Ch. 117, and to undertake certain activities to
facilitate the redevelopment of real property by private enterprise; mhd
WHEREAS, within the Project, the City and Authority have created the Huset Park Area
Tax Increment Financing District ("TIF District") in order to facilitate redevelopment of certain
property in the Project; and
WHEREAS, the Authority and Huset Park Development Corporation, a Mim~esota
Corporation ("Redeveloper"), have previously entered into a Contract for Private Redevelopment
dated as of October 25, 2004, (the "Contract for Private Redevelopment") regarding
redevelopment of the property described in Exhibit A attached hereto and other property; and
WHEREAS, the Redeveloper, City and Authority have taken various actions in
furtherance of the Project, pursuant to the Preliminary Development Agreement and Contract for
Private Redevelopment, all of which indicate the Project is feasible and desirable, including, but
not limited to, environmental, blight and economic studies, determination of needed public
infrastructure, agreements to acquire and acquisition of property, relocation analysis and lm~d use
plmming; and
WHEREAS, the City mhd Authority believe that the redevelopment of the Redevelopment
Property pursuant to the Contract for Phvate Redevelopment, and fulfillment generally of the
Contract for Private Redevelopment, are in the vital and best interests of the City and the health,
safety, morals, mhd welfare of its residents, and in accord with the public purposes and provisions of
the applicable State and local laws mhd requirements mhder which the Project has been undertaken
and is being assisted; and
WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein
(collectively, "Subject Property") is located within the Project, as presently constituted, and is
among the parcels which are to be redeveloped pursuant to the Contract for Private Redevelopment;
and
WHEREAS, on October 25, 2004, by Resolution No. 2004-55, the City Council approved,
established and adopted a Modification (the "Project Plan Modification") to the Downtown CBD
Revitalization Plan for the CBD Redevelopment Project (the "Project Area"), found that the
adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a
need to develop an area of the State of Minnesota which is characterized by blight, occupied by
substandard buildings, and contaminated with pollutants; and that the financial assistance described
in the TIF Plan will revitalize tiffs area, significantly expand the amount and variety of housing
stock in the City, and expand the tax base; and that, because these benefits would not accrue without
the assistance provided, any benefits received by private redevelopers are incidental to the broader
benefits achieved by the overall development of the TIF District; and
WHEREAS, in said Resolution No. 2004-55, the City Council found that the TIF District
portion of the Project Area is a "blighted area" within the meaning of Mirm. Stat., §469.02, Subd.
11, and that acquisition, clearance and related activities to redevelop the TIF District portion of the
Project Area in accordance with the Project Plan and the TIF Plan constitute a "redevelopment
project" within the meanfl~g of Milm. Stat. §469.002, Subd. 14; and
WHEREAS, in accordance with Section 3.2 of the Contract for Private Redevelopment, the
Redeveloper has notified the Authority in writing that (a) the Redeveloper has been unsuccessful in
accomplislfing acquisition of the Subject Property voluntarily after commercially reasonable efforts
to do so; a2~d (b) that such efforts included a written offer to owa~ers of all such parcels to acquire
such parcels for a price approved by the Authority as reasonable and an offer to mediate; and
WHEREAS, the Authority found that the Redeveloper's efforts to voluntarily acquire the
Subject Property were reasonable and satisfy the requirements for doing so under the Contract for
Private Redevelopment; and
WHEREAS, acquisition of the Subject Property by the Authority is essential in order to
eliminate blight and implelrtent the Project; and
WHEREAS, the Board of Commissioners of the Authority has fotmd (and this Cottncil also
hereby finds) that redevelopment of the Subject Prope~y consistent with the Project is necessary,
conve~fient, desirable, for a public purpose, in the best interests of the citizens of the City and will
promote the general health, welfare and safety of the cormmtnity; and
WHEREAS, the City Council finds that it is also necessary, conve~tient, desirable, for a
public purpose, in the best interests of the City and will promote the general health, welfare and
safety of the community for the City to acquire portions of the Subject Property and the real estate
described as Parcel H on Exhibit C ("Parcel H") attached hereto for street pm'poses; and
WHEREAS, the Board of Commissioners of the Authority has found that it is in the best
interest of both the Authority and the City if the City proceeds to acquire all of the Subject Property
and then convey to the Authority the portions thereof not required by the City for street purposes
("Remainder") so that the Authority may redevelop the Remainder pursuant to the Contract for
Private Redevelopment; and
2
WHEREAS, on January 24, 2005, the City Council adopted Resolmion No. 2005-05
authorizing and directing the acquisition of the real estate described in Exhibit A attached hereto by
eminent domain proceedh~gs for street and redevelopment pm'poses; and
WHEREAS, Parcel H is also required f,or street ptu-poses in furtherance of the Project and,
although City staff have made reasonable efforts to acquire Parcel H on behalf` of, the City
voluntarily through negotiation, City staff have not been able to reach agreement upon terms f,or
purchase of Parcel H; and
WHEREAS, the City has received a grant frO1Tl Anoka Cotmty which may be used to
acquire Parcel H and wlfich must be disbursed by April 6, 2005, or be lost to the City; and
WHEREAS, the Board of Commissioners of the Authority has fotmd that the funding and
construction schedule for the redevelopment pursuant to the Contract for Private Redevelopment
makes it necessary to acquire title to and possession of the Subject Property prior to the filing of the
final report of the condenmation commissioners to be appointed by the district court.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cohunbia
Heights, Mhmesota that:
1. It is necessary that the Subject Property and Parcel H be acquired by the City in fee
simple absolute for the stated public purposes through the exercise of'the power of eminent domain.
2. The Authority's Attorney is hereby authorized and directed to take all steps
necessm3~ to acquire the Subject Property and Parcel H on behalf of the City, including, if necessatT¢,
by use of eminent domah~ proceedings, pm'suant to Mhm. Stat. §117.042, prior to issuance of an
award of damages by Corn-t-Appointed Commissioners.
3. The amounts stated on Exhibit B attached hereto are hereby determined to be just
compensation for the various parcels of the Subject Property and Parcel H for the purpose of offers
to the owners pm'suant to Mhm. Stat. § 117.036 and for the purpose of deposit with the District
Comet Administrator as the City's approved appraisal of value pursuant to Mhm. Stat. § 117.042.
Offered by:
Second by:
Roll call:
Kelzenberg
Ericson
Aye - Peterson, Ericson, Kelzenberg
Nay - Nawrocki
Abstain - Williams
Colmnbia Heights, Mim~esota this 28t of, Febmat3~
Adopted by the City Council of the City of2005. ~,,~ j~
-Gm~Ef. P-et er s oI'~, May~r
Attest:
!,¥;' ctY-q ~.~,.-V~ ~ ~,~
Pmricia Muscovi~, CMC /
Depu~ Ci~ ClerldCotmcil Se[retm~
EXHIBIT A
Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceedings
(collectively, "Subject Property_")
Parcel E
The street addresses of Parcel E are 3755 University Avenue NE, 3700-5th Street NE and 317-37~
Avenue NE, Colmnbia Heights, Miunesota 55421.
The property identification numbers for Parcel E are: 35-30-24-34-0003 (3700 5~ Street NE) and
35-3 0-24-34-0004 (317 - 37~ Avenue NE)
The legal description of Parcel E is as follows:
Lots 4 and 5, Auditor's Subdivision No. 50
Together with vacated mad to be vacated streets mad alleys accruing thereto upon vacation and
appurtenant easements if may.
According to the map or plat thereof on file and of record ha the office of the Cormty Recorder in
and for Anoka County, Milmesota.
Parcel F
The street address of Parcel F is 620 - 39~ Avenue NE, Columbia Heights, Mimaesota 55421.
The property identification nmnber for Parcel F is: 35-30-24-43-0047
The legal description of Parcel F is as follows:
Lots 1 mad 2, Block 3, 2nd Subdivision of Block F, Columbia Heights Annex, together with
that portion of the North ½ of38~ ½ Avenue Northeast abutting said Lots, heretofore
vacated
Together with vacated mad to be vacated streets and alleys accruing thereto upon vacation mad
appm-tenant easements if any.
According to the map or plat thereof on file and of record in the office of the Cormty Recorder in
mad for Anoka County, Mim~esota
Parcel G
The street address of Parcel G is 450 - 38th Avenue NE, Columbia Heights, Mirmesota 55421.
The property identification nmnber for Parcel G is: 35-30-24-34-0002
The legal description of Parcel G is as follows:
That part of Lot 3, Auditor's Subdivision No. 50, Anoka Cotmty, Mi~mesota, lying
9.00 feet Northwesterly of the vacated spttr track once located on said Lot 3.
Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and
appm-tenant easements if any.
According to the map or plat thereof on file and of record in the office of the Cotmty Recorder in
and for Anoka Cotmty, Mi~mesota.
EXHIRIT B
Just Compensation Amotmts
Parcel Property Address
Just Compensation Amotmt*
E
3755 University Avenue NE
Columbia Heights, MN
$1,405,100
F
620 - 39a~ Avenue NE
Colmnbia Heights, MN
$ 438,210
G
450 - 38th Avenue NE
Columbia Heights, MN
$ 320,000
H
627 and 703 - 39~ Avenue N.E.
Colmnbia Heights, MN
$ 192,000
*hacludes real estate mad fixtures, if may, for entire parcel.
B-1
EXHIBIT C
Legal Description of Parcel H
The street addresses of Parcel H are 627 and 703 - 39~ Avenue N.E., Columbia Heights, Mhmesota
55421.
The property identification numbers for Parcel H are:
35-30-24-43-0045 (627 - 39~ Avenue N.E.)
35-30-24-43-0046 (703 - 39~ Avenue N.E.)
The legal description of Parcel H is as follows:
Lots One (1), Two (2), and Three (3), Block Two (2), alt h~ 2nd Subdivision of Block F, Colmnbia
Heights Annex
Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and
appurtenant easements, if any.
According to the map or plat thereof on file and of record in the office of the Registrar of Titles in
and for Anoka Cotmty, Minnesota
Being Registered Property pursuant to Certificates of Title No. 70385 and 70386.
C-1