HomeMy WebLinkAboutResolution No. 303-18 - Michael's Restaurant.Demolition
RESOLUTION FINDING A PARCEL TO BE
OCCUPIED BY A STRUCTURALLY SUBSTANDARD BUILDING
BE IT RESOLVED by the Common Council (the “Council”) of the City of
Rochester, Minnesota (the “City”), as follows:
1. Recitals.
a. It has been proposed that the City create a tax increment
financing district in an area within the City’s area of operation to
be designated a redevelopment district as defined in Minnesota
Statutes, Section 469.174, Subd. 10.
b. In order to create this type of tax increment financing district, the
City must make a determination that before the demolition or
removal of substandard buildings, certain conditions existed.
c. The conditions found by the City to exist throughout the
proposed tax increment financing district (legally described as
Lots 2,3 and S ½, Lot 4, Block 32, Original Plat of the City of
Rochester, Olmsted County, Minnesota (the “Property”)) are
that parcels consisting of 70 percent of the area of the district
are occupied by buildings, streets, utilities, or other
improvements and more than 50 percent of the buildings, not
including outbuildings, are structurally substandard to a degree
requiring substantial renovation or clearance.
d. In order to deem a parcel as being occupied by a structurally
substandard building, the City must first pass a resolution before
the demolition or removal that the parcel was occupied by one
or more structurally substandard buildings and that after
demolition and clearance, the City intended to include the parcel
within the proposed tax increment financing district.
e. There exists in the City’s area of operation on each parcel or
parcels in the Property one or more structurally substandard
buildings to be demolished or removed (the “Substandard
Building Condition”).
f. A parcel is deemed to be occupied by a structurally substandard
building if the Substandard Building Condition is met within
three years of the filing of the request for certification of the
parcel as part of the tax increment financing district with the
county auditor; and if certain other conditions are met.
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2. Findings. In satisfaction of Minnesota Statutes Section 469.174,
Subdivisions 10(a)(1) and (d)(3), the City hereby finds: (a) the
foregoing Recitals which by this reference are hereby incorporated
into the Findings; and (b) that over 70% of the area of the Property
contains improvements and is occupied by one or more structurally
substandard buildings and that after demolition and clearance the
City intends to include the Property within the proposed tax
increment financing district. The substandard building on the
Property is identified in a Redevelopment TIF District Assessment
prepared by CRW Architects and dated August 8, 2018.
3. Demolition Agreement. A Demolition Agreement between the
City and Legacy Fund II, LLC, the owner of the Property, pursuant
to which Legacy Fund II, LLC will demolish the substandard
buildings located on the Property, at its sole expense, has been
prepared and is on file with the City Clerk. The Demolition
Agreement is hereby approved in substantially the form on file, and
the Mayor and Clerk are authorized to sign the Demolition
Agreement on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY
OF ROCHESTER, MINNESOTA, THIS _____ DAY OF _______________, 2018.
__________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2018.
_________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
E://Res15/AdoptMichaelsDemo
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