HomeMy WebLinkAboutEDA RES 2005-04 BOARD OF COMMISSIONERS
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
STATE OFMINNESOTA
RESOLUTION NO. 2005-04
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
WHEREAS, the Board of Commissioners is the official governing body of the Authority;
and
WHEREAS, the Authority was created pursuant to the Act and was author/zed 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
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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 already 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 TIF 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 whting that (a) the Redeveloper has been unsuccessful in
accomplishing acquisition of the Subject Property voluntarily at~er 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 which the Authority finds to be reasonable and an offer to mediate; and
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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 Board of Commissioners finds that it is in the best interest of the Authority
if the Authority proceeds to acquire the Subject Property for redevelopment 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 Authority's Executive Director is authorized and directed to determine
the Authority's approved appraisal of value for each of said properties in accordance with
Minn. Stat. § 117.042 prior to the need to pay or deposit such amount if required in said
condemnation proceeding.
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Adopted by the Board of Commissioners of the Columbia Heights Economic Development
Authority, Columbia Heights, Minnesota this t3--day of ~'~ ,2005.
ATTEST:
Walter Fehst, ExecutiVe Director
Don Mt~rzyn, Jr., Pr~d~n~ //
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EXHIBIT A
Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceedings
(collectively, "Subiect Property")
Parcel C
Owner: 3800 5th Street LLC
The street addresses of Parcel C are 3800 5th Street NE, and 3901 5th Street NE, Columbia
Heights, Minnesota 55421.
The property identification numbers for Parcel C are: 35-30-24-34-0035 and 35-30-24-34-0041
Parcel D
Owner: JR Properties
The street addresses of Parcel D are 515 and 519 38th Avenue NE, Columbia Heights,
Minnesota 55421.
The property identification numbers for Parcel D are: 35-30-24-34-0014 and 35-30-24-34-0013
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