Resolution - #04-02-059 - 02/24/2004

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Mayor Gamec introduced the following resolution and moved for its adoption: RESOLUTION #04-02-059 RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY LOCATED AT 14040 AZURITE STREET NW FOR REDEVELOPMENT PURPOSES WHEREAS, pursuant to Minn. Stat. Chapter 469.124 to 469.134 titled City Development Districts and 469.174 to 469.179 titled Tax Increment Financing (collectively, the "Act"), the City has established Development District No. 1 (the "Development District") by duly adopted resolutions; and WHEREAS, pursuant to the Act, the City adopted a Tax Increment Financing ("TIF") program and approved creation of the Development District in order to carry out the Development Program; and WHEREAS, as authorized by the Act, the purpose of the City establishing the Development District is to promote development in areas of the City and in the District in order to promote and secure additional employment opportunities in the Development district; secure the increase of property subject to taxation by the various governmental entities in order to better pay for public improvements and governmental services; secure the construction and provide funds for the payment of the cost of public activities or improvements in the District and to promote local business expansion, improvement, development and redevelopment; and pursuant to the act this constitutes public purpose; and WHEREAS, by its Resolution No. 03-06-157 the City Council made a finding that TIF District No. 2 is in a Renewal and Renovation District as defined in Minn. Stat.§469.174, Subd. 10a, and that renewal and renovation is necessary in order to fulfill a need to develop an area of the City which is already built up to provide employment activities and improve the tax based and to improve the general economy of the State; and WHEREAS, the Subject Property described below is located within the Development District and within TIF District No. 2; and WHEREAS, the City finds that the building on the Subject Property is a fire hazard as a result of: (1) being overloaded with improperly stored combustible materials and flammable combustible liquids; (2) life safety concerns because of improper and unsafe egress due to lack of maintenance; (3) life safety concerns because of the lack of egress windows, smoke detection and fire alarm systems; and WHEREAS, as a result of the fire hazards described above, the Subject Property is in a blighted condition and in a condition of obsolescence and dilapidation; and WHEREAS, the City, pursuant to Minn. Stat. §469.126, has the authority to acquire land by eminent domain within its Development Districts in order to carry out the Development Program; and WHEREAS, the City has authority to acquire real property for public purposes by eminent domain pursuant to Minn. Stat. Chapter 117 and pursuant to its City Charter; and WHEREAS, the City has the right to acquire the real property prior to the filing of an award by the Court appointed commissioners, pursuant to Minn. Stat. § 117.011 and § 117.042; and