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HomeMy WebLinkAbout1975-06-19 HRA Special Meeting AGENDA Special Meeting of the Housing and Redevelopment Authority of Edina, Minnesota Thursday, June 19 , 1975 , at 12 : 00 noon Edina City Hall 1. Roll Call: 2. Recommendations and Reports . A. Property Acquisition - Twin City Federal. B. Cooperative Agreement - 50th and France Improve- ments . C. Environmental Assessment - 50th and France. D. Authority to Exercise Options - -Lunds . E. July Meeting Date. 3 . Adjournment. r J � r RESOLUTION WHEREAS, it is necessary, advisable, and in the public interest that the Housing and Redevelopment Authority of Edina, Minnesota ("H.R.A.") , a body politic and corporate under the laws of the State of Minnesota, acquire for public parking and utility purposes, and pursuant to the redevelopment plan entitled "50th & France Commercial Area Plan,"dated December 3, 1974, adopted by the H.R.A. on December 11, 1974, and approved by the City Council of the City of Edina on December 16, 1974, property within the 50th and France commercial area; and WHEREAS, in order to accomplish such purposes, it is necessary for the H.R.A. to acquire the following described property: The South Half of Lot 34 and the East 13 feet of the South Half of Lot 35, Auditor's Subdivision Number 172, Hennepin County, Minne- sota, except that part thereof lying South of a line drawn parallel with and 126.0 feet North of the South lines of said Lots 34 and 35; all according to the recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, the efforts of H.R.A. to purchase said property have been unsuccessful; and WHEREAS, by reason of the inability of the H.R.A. to purchase said- property, it has become necessary to procure the same by the right of eminent domain. NOW, THEREFORE, BE IT RESOLVED, That the Housing and Redevelopment Authority of Edina, Minnesota, proceed to procure the above described property under its right of eminent domain; and that the attorneys for the H.R.A. be instructed and directed to file the necessary petition therefor and to prosecute I r , such action to a successful conclusion, or until it is abandoned, dismissed, or terminated by the H.R.A. or by the Court; and that the attorneys for the S.R.A. , the Director and Executive Director of the H.R.A., and the Chairman and Secretary of the H.R.A. do all things necessary to be done in the com= mencement, prosecution, and successful termination of such eminent domain proceeding. ADOPTED by the Housing and Redevelopment Authority of Edina this day of June, 1975. HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA by Its Chairman and Its Secretary STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing Resolution was acknowledged before me this day of June, 1975, by Charles W. Freeburg and Lawrence W. Rixe, as Chairman and Secretary, respectively, of the Housing and Redevelopment Authority of Edina, Minnesota. COOPERATIVE AGREEMENT (50th and France Commercial Area Improvements No. 1975-HRA-1) THIS AGREEMENT, made and entered into as of the 8th day of April, 1975, by and between the CITY OF EDINA, a Minnesota municipal corporation ("Edina") , and the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota ("H.R.A.") x WITNESSETH THAT: WHEREAS, the H.R.A. , by resolution dated December 11, 1974, and Edina, by resolution adopted December 16, 1974, did adopt and approve, respec- tively, the 50th & France Commercial Area Plan dated December 3, 1974 ("Plan") , for a redevelopment project in the 50th and France commercial area ("Project Area") ; and WHEREAS, pursuant to, and in order to implement, the Plan, certain public improvements, consisting of streets, roads, traffic control devices, pedestrian walks, plazas, and special lighting, including undergrounding of overhead utilities, parking lots, ramps, and land acquisition ("Improvements") , are to be done in the Project Area, a portion of which Improvements will be paid for by tax increments produced by the Project Area, and a portion of which Improvements will be paid for by assessments made by Edina against property within the Project Area; and WHEREAS, pursuant to Minnesota Statutes, Chapters 429 and 462, and Section 459.14, Edina did give notice of a public hearing on the necessity and feasibility of constructing the Improvements, at which hearing, on April 7, 1975, Edina did duly adopt a resolution authorizing the construction of the Improvements, including all proceedings that may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of the Improvements, and did also determine that the Improvements are to be done under a cooperative agreement with the H.R.A. , all as set out in the resolution of Edina adopted April 7, 1975, and entitled "Resolution Ordering Improvement No. 1975-HRA-1" (the "Resolution") ; and WHEREAS, the H.R.A. has been active in the creation and implemen- tation of the Plan, and it is desirable that one governmental body be in charge of the Project Area and the development of the Project Area, including the construction of the Improvements; and WHEREAS, by virtue of Minnesota Statutes, Section 471.59, Section 429.041, subdivision 5, Section 462.581, paragraphs (6) , (7) , and (8) , Section 462.445, subdivision 1, paragraph (5) , and subdivision 4, paragraph (2) , Edina and the H.R.A. have the power to enter into a cooperative agreement for the making and performing of such Improvements by the H.R.A. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged by each of the parties hereto, Edina and H.R.A. do hereby agree as follows: 1. H.R.A. , in its own name, shall proceed with the construction of all of the Improvements, including all proceedings that may be necessary for acquisition, in its own name, by eminent domain or by direct purchase, of the necessary easements and rights for construction and maintenance of the Improvements, and including entering into, in its own name, all necessary -2- construction and service contracts, and shall do all things required, neces- sary, or desirable to implement the Resolution and to complete the Improvements thereby ordered, at the earliest possible time. All things done by the H.R.A. pursuant hereto shall be done in compliance with the requirements and regu- lations imposed upon the H.R.A. by Minnesota Statutes, Sections 462.411 to 462.711, inclusive (the "Municipal Housing and Redevelopment Act") . 2. Funds required by the H.R.A. to perform its obligations pursuant to paragraph 1 hereof shall be advanced by Edina to the H.R.A. upon written request from time to time made by the H.R.A. Upon completion of the Improve- ments, H.R.A. shall calculate the cost thereof and certify the same to Edina so that Edina may proceed to assess such cost, or a portion thereof, pursuant to Minnesota Statutes, Chapter 429. All such costs not so assessed by Edina shall be deemed loaned to the H.R.A. as of the date or dates such nonassessed costs were advanced to the H.R.A. , and shall be repaid by the H.R.A. to Edina on the same terms and conditions, including the rate of interest, as set out in the Loan Agreement (1975) between Edina and the H.R.A. dated November 5, 1974, for repayment of Allocated Funds, as defined in said Loan Agreement. 3. In connection with the making and completion of the Improvements, Edina hereby agrees to sell and convey to the H.R.A. , and the H.R.A. hereby agrees to purchase from Edina, the parking ramp property now owned by Edina in the Project Area and south of 50th Street (the "Parking Ramp") , on the following terms and conditions: -3- a. H.R.A. shall give written notice to Edina, at any time from and after the date hereof and prior to completion of the Improvements, requesting Edina to convey the Parking Ramp to the H.R.A. Said notice shall specify a date of closing that shall be not earlier than five .(S) days nor later than thirty (30) days after the giving of such notice. b. On date of closing, Edina shall deliver to H.R.A. a duly executed and recordable quit claim deed conveying the Parking Ramp in exchange for funds to be paid to Edina by the H.R.A. in an amount equal to the then. unpaid installments of special assessments (but not including any delinquent installments of special assessments) that were levied by Edina to pay for the cost of acquiring and constructing the Parking Ramp, including all interest accrued and unpaid thereon up to and including the date of closing. c. From and after the date of closing, H.R.A. shall assume and perform all of the obligations and duties of Edina relative to the Parking Ramp, including, but not limited to, payment of utilities, maintenance of the Parking Ramp, and the regulation of the use thereof by all persons, including employees of businesses in the Project Area; provided, however, that no changes in the regulations established by Edina and in force on date of closing relative to the use of the Parking Ramp shall be made without Edina's prior consent. 4. Upon completion of the Improvements and prior to assessment of the cost thereof by Edina, H.R.A. shall convey to Edina the Parking Ramp, all street and utility easements, all surface parking areas, and all other land and interests within the Project Area then owned by H.R.A. or in which H.R.A. has an interest (together called the "H.R.A. Property") , such conveyance to be made on the following terms and conditions: -4- a. The H.R.A. shall give to Edina written notice that it desires to convey the H.R.A. Property to Edina, which notice shall specify a date of closing that shall be not earlier than five (5) nor later than thirty (30) days after the giving of such notice. b. On date of closing, H.R.A. shall deliver to Edina duly executed and recordable quit claim deeds and assignments, without warranties of any kind, conveying and assigning to Edina all of the H.R.A. Property, in exchange for funds to be paid by Edina to the H.R.A. in an amount equal to twenty (20%) percent of the cost of the Improvements as calculated by H.R.A. and certified to Edina pursuant to paragraph 2 hereof. C. Edina, from and after the conveyance and assignment to it of the H.R.A. Property, shall. assume all obligations of the H.R.A. relative to the H.R.A. Property, including, but not limited to, .the maintenance and repair of all of the H.R.A. Property and all improvements thereon or there- under, payment of utilities, and regulation of the use of all parking facilities. 5. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to any officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envleope, with registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses: To Edina: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager. To H.R.A. : 4801 West 50th Street Edina, Minnesota 55424 Attention: Executive Director. Such addresses may be changed by either party upon notice to the other party given as herein provided. -5- 6. This agreement shall terminate upon completion and assessment by Edina of the cost, or portion thereof, of the Improvements and completion of the conveyances to Edina pursuant to paragraph 4 hereof. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed as of the day and year first above written. CITY OF EDINA by Its and Its HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA by Its and Its -6- EDINA HOUSING AND RF.DEVELOPME14T AUTHORITY C014PARATIVE ACTUAL WITH BUDGETED COSTS FOR SIX MONTHS ENDED JU14E 30, 1975 Accrued Budget Difference PERSONAL SERVICE - CITY CONTRACT Executive Director $ 4,483 $ 11,000 $ 6,517 Secretary 539 4,000 3,461 Project Planner (100% project time) 5,762 11,000 5,238 Engineering, Financial, and other 2,50.7 4,000 _1,493 $13,291 $ 30,000 $16,709 CONTRACTUAL SERVICE Design - Ramp $15,000 $ 20,000 $ 5,000 Planning 29,347 68,000 38,653 Engineering 1,638 12,000 10,362 Market Research 3,000 3,000 Legal 6,069 5,000 (1,069) $52,054 $108,000 $55,946 COMMODITIES Publications and Materials $ 400 400 Auto Expense $ 750 1,500 750 $ 750 $ 1,900 $ 1,150 CENTRAL SERVICES - CITY CONTRACT $300 per month at 12 months $ 1,800 $ 3,600 $ 1,800 $ 1,800 $ 3,600 $ 11800 $67,895 $143,500 $75,605 ( ) indicates red figure JD:In 6/30/75