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Home My WebLink AboutEDA RES 2005-03 BOARD OF COMMISSIONERS COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 2005-03 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES WHEREAS, the Columbia Heights Economic Development Authority ("Authority") is a public body corporate and politic established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act"); and and WHEREAS, the Board of Commissioners is the official governing body of the Authority; WHEREAS, the Authority was created pursuant to the Act and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of Columbia Heights ("City"); and WHEREAS, the City and the Authority (as successor to the Housing and Redevelopment Authority in and for the City of Columbia Heights) have undertaken a program to promote redevelopment of land that is characterized by blight and blighting factors within the City, and in this connection the Authority administers a redevelopment project known as the Downtown CDB Redevelopment Project ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, pursuant to the Act and the HRA Act, the Authority is authorized to acquire real estate by exercising the power of eminent domain under and pursuant to Minn. Stat., Ch. 117, and to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and 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 Minnesota 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 RJL-256304v2 1 CL205-23 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 land use planning; and WHEREAS, the Authority believes that the environmental remediation and redevelopment of the Redevelopment Property pursuant to the Contract for Private 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, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under 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. 2004-13, the Board of Commissioners 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 conform 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 akeady built up and that the adoption of the proposed Plans will help provide life-cycle housing for citizens of the City, and to clean up polluted soils, buildings, and groundwater, and thereby serves a public purpose; and WHEREAS, in said Resolution No. 2004-13, the Board of Commissioners found that the Plans will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible; and WHEREAS, in said Resolution No. 2004-13, the Board of Commissioners found that the TIF District portion of the Project Area is a "blighted area" within the meaning of Minn. Stat., {}469.02, Subd. 11, and that acquisition, clearance, remediation and related activities to redevelop the TW District portion of the Project Area in accordance with the Project Plan and the TIF Plan constitute a "redevelopment project" within the meaning of Minn. 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 accomplishing acquisition of the Subject Property voluntarily after commercially reasonable efforts to do so; and (b) that such efforts included a written offer to owners of all such parcels to acquire such parcels for a price approved by the Authority as reasonable and an offer to mediate; and RJL-256304v2 2 CL205-23 WHEREAS, the Board of Commissioners of Authority hereby finds 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 implement the Project; and~ WHEREAS, the Board of Commissioners finds that redevelopment of the Subject Property consistent with the Project is necessary, convenient, 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 community; and WHEREAS, the City also desires to acquire portions of the Subject Property for street purposes; and WHEREAS, the Board of Commissioners finds 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 WHEREAS, the Board of Commissioners finds 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 condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that: 1. It is necessary that the Subject Property be acquired 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 necessary to acquire the Subject Property, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. § 117.042, prior to issuance of an award of damages by Court-Appointed Commissioners. 3. The City Council is hereby requested to (a) authorize and direct the Authority's attorney to commence eminent domain proceedings to acquire all of the Subject Property in the name of the City; and (b) authorize and direct its officers to convey to the Authority the portion of the Subject Property which is not required for City purposes ("Remainder") so that the Remainder may be redeveloped in accordance with the Contract for Private Redevelopment. RJL-25631Mv2 3 CL205-23 AdOpted by the Board of Commissioners of the Columbia Heights Economic Development Authority, Columbia Heights, Minnesota this /ff'-day of ~c'-~ ,2005. ATTEST: Walter Fehst, Lffx~utive Director RJL-256304v2 4 CL205-23 EXHIBIT A Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceeding~ (collectively, "Subject Property") Parcel E Owner: Greif The street addresses of Parcel E are 3755 University Avenue NE, 3700 - 5th Street NE and 317- 37th Avenue NE, Columbia Heights, Minnesota 55421. The property identification numbers for Parcel E are: 35-30-24-34-0003 (3700 5th Street NE) and 35-30-24-34-0004 (317 - 37th Avenue NE) Parcel F Owner: Buckles The street address of Parcel F is 620 -39th Avenue NE, Columbia Heights, Minnesota 55421. The property identification number for Parcel F is: 35-30-24-43-0047 The legal description of Parcel F is as follows: Lots 1 and 2, Block 3, 2nd Subdivision of Block F, Columbia Heights Annex, together with that portion of the North ½ of 3 8th ½ Avenue Northeast abutting said Lots, heretofore vacated 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 County Recorder in and for Anoka County, Minnesota Parcel G Owner: Smith The street address of Parcel G is 450 - 38th Avenue NE, Columbia Heights, Minnesota 55421. The property identification number for Parcel G is: 35-30-24-34-0002 RJL-256304v2 A- 1 CL205-23 The legal description of Parcel G is as follows: Lot 3, Auditor's Subdivision No. 50 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 County Recorder in and for Anoka County, Minnesota. RJL-256304v2 A-2 CL205-23