HomeMy WebLinkAbout2018-02-01 HRA Regular Meeting Agenda PacketAgenda
Edina Housing and Redevelopment Authority
City of Edina, Minnesota
Edin a City Hall City Com m u n ity Room
Thursday, February 1, 2018
7:30 AM
I.Call to Order
II.Roll Call
III.Approval of Meeting Agenda
IV.Community Comment
During "Community Comment," the City Council will invite residents to share
new issues or concerns that haven't been considered in the past 30 days by
the Council or which aren't slated for future consideration. Individuals must
limit their comments to three minutes. The Mayor may limit the number of
speakers on the same issue in the interest of time and topic. Generally
speaking, items that are elsewhere on today's agenda may not be addressed
during Community Comment. Individuals should not expect the Mayor or
Council to respond to their comments today. Instead the Council might refer
the matter to sta) for consideration at a future meeting.
V.Adoption of Consent Agenda
All agenda items listed on the consent agenda are considered routine and
will be enacted by one motion. There will be no separate discussion of such
items unless requested to be removed from the Consent Agenda by a
Member of the City Council. In such cases the item will be removed from the
Consent Agenda and considered immediately following the adoption of the
Consent Agenda. (Favorable rollcall vote of majority of Council Members
present to approve.)
A.APPROVE MINUTES: January 17, 2018 HRA Regular Meeting
B.4416 Valley View Road - Real Estate Update
C.Temporary Construction Easement - 3918 Market Street
D.Temporary Construction Easement - 3948 Market Street
VI.Reports/Recommendations: (Favorable vote of majority of Council Members
present to approve except where noted)
A.Request for Purchase - North Ramp Expansion PW 2018-001 Change Order #1
B.Motion to Close meeting of the Edina HRA as permitted by MS. 13D.05
subdivision 3 to discuss the potential Sale of Real Property located at 5146
Eden Avenue
C.CLOSED SESSION: Discuss Potential Sale of Real Estate - 5146 Eden Avenue
D.Motion to move back into Open Session
VII.Correspondence
A.Correspondence
VIII.HRA Commissioners Comments
IX.Executive Director's Comments
X.Adjournment
The Edina Housing and Redevelopment Authority wants all participants to be
comfortable being part of the public process. If you need a ssista nce in the way of
hearing ampliFcation, an interpreter, large-print documents or something else,
please call 952-927-8861 72 hours in advance of the meeting.
Date: F ebruary 1, 2018 Agenda Item #: I V.A.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
Minutes
F rom:Debra A. Mangen, C ity C lerk
Item Activity:
Subject:AP P R O VE MI NUT ES : January 17, 2018 HR A
R egular Meeting
Ac tion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Approve minutes as presented.
I N TR O D U C TI O N:
M inutes are attached.
AT TAC HME N T S:
Description
Draft January 3, 2018 HRA Minutes
Page 1
MINUTES
OF REGULAR MEETING
OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY
JANUARY 17, 2018
9:29 P.M.
I. CALL TO ORDER
Chair Hovland called the HRA meeting to order at 9:29 P.M.
II. ROLLCALL
Answering rollcall were Commissioners, Brindle, Fischer, Staunton, Stewart, and Chair Hovland.
III. APPROVAL OF MEETING AGENDA
Motion made by Commissioner Brindle, seconded by Commissioner Fischer approving the
Meeting Agenda.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
IV. COMMUNITY COMMENT
No Community Comment was received.
V. CONSENT AGENDA ADOPTED
Motion made by Commissioner Staunton seconded by Commissioner Fischer approving the
consent agenda as follows:
V. A. Approve minutes of January 3, 2018 Regular HRA Meeting.
V.B Engage Messerli & Kramer, P.A. to provide support on behalf of Edina HRA for the
Grandview Green “Lid” Development working with state officials as the City’s lobbyist.
Ayes: Brindle, Fischer, Staunton, Stewart, Hovland
Motion carried.
VI. ADJOURNMENT
Chair Hovland declared the meeting adjourned at 9:31 p.m.
Respectfully submitted,
Scott Neal, Executive Director
Date: F ebruary 1, 2018 Agenda Item #: I V.B.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
Advisory C ommunic ation
F rom:Bill Neuendorf, Economic Development Manager
Item Activity:
Subject:4416 Valley View R oad - R eal Estate Update Information
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
No action required; for informational purposes only.
I N TR O D U C TI O N:
T his item pertains to the sale and redevelopment of property located at 4416 Valley View Road and 6120 K ellogg
Avenue.
AT TAC HME N T S:
Description
4416 Valley View update
February 1, 2018
Board of the Edina Housing and Redevelopment Authority
Bill Neuendorf, Economic Development Manager
4416 Valley View Road – Real Estate Update
Information / Background:
In November 2017, the HRA entered into a contract to sell two properties for redevelopment purposes at
4416 Valley View Road and 6120 Kellogg Avenue. The contract calls for closing of the real estate transaction
by January 31, 2018, unless an extension is granted.
One of the key conditions of the contract requires the developer to assembly all properties at the same
time. The developer is actively pursuing this simultaneous closing, and that complicated process is taking
longer than anticipated.
The developer met with City staff in mid-January to request a one month extension. All other terms and
conditions remain the same.
Staff advised the developer that a reasonable extension would be considered, subject to review and approval
by the Board of the Edina Housing and Redevelopment Authority.
Additional information will be provided after a new closing date is proposed.
Date: F ebruary 1, 2018 Agenda Item #: I V.C .
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eport / R ecommendation
F rom:Bill Neuendorf, Economic Development Manager
Item Activity:
Subject:Temporary C ons truction Eas ement - 3918 Market
S treet
Ac tion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Authorize the Chair and Secretary to execute the temporary easement in a form similar to the draft attached.
I N TR O D U C TI O N:
T his item relates to the construction of the N orth P arking R amp at 50th and France. D ue to the compact nature
of development in this commercial district, a temporary easement is necessary to construct the new mixed-use
public parking garage.
T he terms of the easement has been negotiated with the property owner and the document has been prepared by
the City Attorney. Staff recommends that the temporary easement be approved.
AT TAC HME N T S:
Description
Temporary Easement - 3918 Market St. Draft
195977v2 1
(reserved for recording information)
GRANT OF TEMPORARY EASEMENT
THIS EASEMENT AGREEMENT (“Agreement”) is made and entered as of the ______
day of __________________, 2018, by and between the HOUSING AND REDEVELOPMENT
AUTHORITY OF EDINA, MINNESOTA, a public body corporate and politic of the State of
Minnesota (“HRA”), and 49.5 KM2, LLC, a Minnesota limited liability company (“Grantor”).
RECITALS
A. HRA is the fee owner of the real property at 3930 Market Street, which property is
legally described on Exhibit A (“HRA Property”);
B. Grantor is the owner of the property abutting the HRA Property at 3918 Market
Street, which property is legally described on Exhibit B (“Grantor Property”);
C. HRA and Grantor enjoy cross-access easements for the shared alley that straddles
the property lines of the HRA Property and Grantor Property;
D. In connection with the improvements located on the HRA Property, including
construction of additional public parking as part of City Public Works Project 18-001, the HRA
desires access over the westerly and northerly portions of the Grantor Property legally described in
195977v2 2
Exhibit C (“Access and Construction Easement Premises”) and will also need to locate a crane
swing in the aerial portion of the Grantor Property as legally described in Exhibit D (“Aerial
Easement Premises”) in connection with the construction work on the HRA Property;
NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and
other good and valuable consideration to it in hand paid by the HRA, the receipt and sufficiency of
which is hereby acknowledged by Grantor:
1. Access and Construction Easement. Grantor does hereby grant unto the HRA, its
successors and assigns, a temporary easement over, across, on and through the Access and
Construction Easement Premises for the following limited purposes:
i. The right of ingress to and egress from the portions of the Access and Construction
Easement Premises identified herein for construction of the HRA Property;
ii. Temporary construction of the HRA Property which will require temporary closure
of the alley and loss of access to six parking stalls located within the Access and
Construction Easement Premises.
2. Aerial Easement. Grantor does hereby grant unto the HRA, its successors and
assigns, a temporary easement over the entire parcel (Aerial Easement Premises) for the following
limited purposes:
i. Location of a crane swing within the Aerial Easement Premises, at least 100 feet
above grade in connection with construction of improvements located on the HRA
Property;
3. Use of the Access and Construction Easement Premises and the Aerial Easement
Premises during the term of this Agreement shall be at the will of the HRA, its successors and
assigns; it being the intention of the parties hereto that the Grantor hereby grants the uses herein
specified without divesting itself of the right to use and enjoy the Access and Construction
Easement Premises and the Aerial Easement Premises, subject only to the HRA’s right to use the
same for the purposes herein expressed.
195977v2 3
4. Scope of Easement. The term of this Agreement shall commence upon execution
of this Agreement and expire upon the earlier of: (i) completion of the improvements on the HRA
Property or (ii) October 31, 2018.
5. Repair and Restoration. The HRA shall be responsible for the repair and
restoration of any damage done by the HRA, its employees, agents or contractors during the term
of this Agreement. During the construction work, the HRA shall provide alternative parking for the
six parking stalls displaced by the construction work. The HRA shall also provide a location for the
trash dumpster during the period that the alley is inaccessible to waste hauler. The alley and
parking lot restoration shall include resurfacing or regrading, as necessary, of the paved portions of
the Access and Construction Easement.
6. Indemnification.
A. Subject to the statutory limits under Minnesota Statutes chapter 466, the HRA will
indemnify and hold Grantor harmless from any and all claims, liabilities or causes of action,
including attorneys’ fees and costs, arising out of the use of the easements by the HRA, except to
the extent caused by the negligence or willful misconduct of Grantor or its successors or assigns.
Nothing herein shall be deemed a waiver by the HRA of the limits of liability set forth in
Minnesota Statutes, Chapter 466 and the HRA shall not be obligated to indemnify the Grantor for
any amounts in excess of the limits set forth therein, less any amounts that the City is required to
pay on behalf of itself, its officers, agents and employees for claims arising out of the same
occurrence.
B. Grantor will indemnify and hold the HRA harmless from any and all claims,
liabilities or causes of action, including attorneys’ fees and costs, arising out of the use of the
195977v2 4
easements by the Grantee, except to the extent caused by the negligence or willful misconduct of
HRA or its successors or assigns.
7. Grantor’s Covenant. The above named Grantor, for itself, its successors and assigns,
does covenant with the HRA, its successors and assigns, that it is well seized in fee title of the above
described Grantor Property; that it has the sole right to grant and convey the easements identified in
this Agreement to the HRA; that there are no unrecorded interests in the Grantor Property; and that
it will indemnify and hold the HRA harmless for any breach of the foregoing covenants.
[remainder of page intentionally blank]
[signature pages to follow]
195977v2 5
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this _______
day of __________________, 2018.
GRANTOR:
49.5 KM2, LLC
By:
G. Mike Mikan
Its:__________________________________
STATE OF _____________ )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2018, by G. Mike Mikan, the _______________________ of 49.5 KM2, LLC,
a limited liability company, on behalf of said corporation.
___________________________________
NOTARY PUBLIC
195977v2 6
IN TESTIMONY WHEREOF, the HRA hereto has signed this document this _______ day of
___________________, 2018.
HRA:
HOUSING AND REDEVELOPMENT
AUTHORITY OF EDINA, MINNESOTA
By:_________________________________
James B. Hovland, Its Chair
And:________________________________
Robert J. Stewart, Secretary
Attested By:______________________________
Scott Neal, Executive Director
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______ day of
__________________, 2018, by James B. Hovland, Robert J. Stewart, and Scott Neal, the Chair,
Secretary and Executive Director of the HOUSING AND REDEVELOPMENT AUTHORITY OF
EDINA, MINNESOTA, a public body corporate and politic of the State of Minnesota, on its behalf.
___________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
195977v2 7
EXHIBIT “A”
TO
GRANT OF TEMPORARY EASEMENT
Legal Description of HRA Property (3930 Market Street)
195977v2 8
EXHIBIT “B”
TO
GRANT OF TEMPORARY EASEMENT
Legal Description of Grantor Property (3918 Market Street):
The South 177.5 feet of Lot 31, Auditor’s Subdivision No. 172, except the South 42.5 feet thereof,
Hennepin County, Minnesota.
and
Together with a driveway easement over the East 7 feet of the South 177.5 feet of Lot 32,
Auditor’s Subdivision No. 172 as set forth in Document No. 2542948.
(Abstract Property)
195977v2 9
EXHIBIT “C”
TO
GRANT OF TEMPORARY EASEMENT
Legal Description of Access and Construction Easement Premises:
A temporary easement for access and construction purposes over, across, on and through the
westernmost ten (10) feet of the following described property as measured from the west property
line, but not extending east of the existing masonry wall; and the northernmost forty (40) feet of
the following described property as measured from the north property line but not extending south
of the existing masonry wall:
The South 177.5 feet of Lot 31, Auditor’s Subdivision No. 172, except the
South 42.5 feet thereof, Hennepin County, Minnesota.
and
Together with a driveway easement over the East 7 feet of the South 177.5
feet of Lot 32, Auditor’s Subdivision No. 172 as set forth in Document No.
2542948.
195977v2 10
EXHIBIT “D”
TO
GRANT OF TEMPORARY EASEMENT
Legal Description of Aerial Easement Premises:
A temporary easement for aerial crane purposes over, across, on and through the following
described property:
The South 177.5 feet of Lot 31, Auditor’s Subdivision No. 172, except the
South 42.5 feet thereof, Hennepin County, Minnesota.
and
Together with a driveway easement over the East 7 feet of the South 177.5
feet of Lot 32, Auditor’s Subdivision No. 172 as set forth in Document No.
2542948.
Date: F ebruary 1, 2018 Agenda Item #: I V.D.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eport / R ecommendation
F rom:Bill Neuendorf, Economic Development Manager
Item Activity:
Subject:Temporary C ons truction Eas ement - 3948 Market
S treet
Ac tion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Authorize the Chair and Secretary to execute the temporary easement in a form similar to the draft attached.
I N TR O D U C TI O N:
T his item relates to the construction of the N orth P arking R amp at 50th and France. D ue to the compact nature
of development in this commercial district, a temporary easement is necessary to construct the new mixed-use
public parking garage, in this case the temporary electrical service.
T he terms of the easement has been negotiated with the property owner and the document has been prepared by
the City Attorney. Staff recommends that the temporary easement be approved.
AT TAC HME N T S:
Description
3948 Market - Temporary Eas ement draft
3948 Market - Draft Temporary Eas ement
196165v1 1
(reserved for recording information)
GRANT OF PERMANENT AND
TEMPORARY EASEMENT
THIS EASEMENT AGREEMENT (“Agreement”) is made and entered as of the ____
day of __________________, 2018, by and between the HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF EDINA, a public body corporate and politic of the State of
Minnesota (“HRA”), and LB 49TH 1/2 STREET, LLC, a Minnesota limited liability company
(“Grantor”).
RECITALS
A. HRA is the fee owner of the real property at 3930, 3936, 3950 and 3944 Market
Street, which property is legally described on Exhibit A (“HRA Property”);
B. Grantor is the owner of the property abutting the HRA Property at 3948 Market
Street, which property is legally described on Exhibit B (“Grantor Property”);
C. In connection with improvements located on the HRA Property, including
construction of additional public parking as part of City Public Works Project 18-001, the HRA
requires permanent and temporary construction easements over the Grantor Property.
196165v1 2
NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and
other good and valuable consideration to it in hand paid by the HRA, the receipt and sufficiency of
which is hereby acknowledged by Grantor:
1. Permanent Easement. Grantor does hereby grant unto the HRA, its successors and
assigns, a permanent for public drainage and utility purposes over, across, on, under, and through
land situated within the County of Hennepin, State of Minnesota, legally described on the attached
Exhibit "C", including the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public drainage and utility systems over, across, on, under, and through the
permanent easement premises, together with the right to grade, level, fill, drain and excavate the
permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other
obstructions interfering with the location, construction, and maintenance of said public drainage and
utility systems.
2. Temporary Easement. Grantor does hereby grant unto the HRA, its successors and
assigns, a temporary easement over for utility service, including but not limited to a pole,
transformer and meters, across, on, under, and through land situated within the County of
Hennepin, State of Minnesota, legally described on the attached Exhibit "D" including access over
the parking loading area of the Grantor Property. To have and to hold the same, unto the City, its
contractors, agents, and servants, commencing upon execution of this document and expiring
October 31, 2018, together with the right of ingress to and egress from the temporary easement
premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the
utility service systems, at the will of the City, its successors and assigns. Grantor hereby grants the
uses herein specified without divesting itself of the right to use and enjoy the above described
196165v1 3
temporary easement premises, subject only to the right of the City to use the same for the purposes
herein expressed. As a condition of this temporary construction easement grant, the City shall,
upon relocation of the utility service system and prior to termination, restore the ground surface of
the temporary construction easement premises to its original condition so far as is reasonably
practicable with the exception of any grade changes, bank sloping, ditching, fills, slope
construction, cuts and any removal of earth, other materials, trees and other vegetation.
3. Indemnification.
A. Subject to the statutory limits under Minnesota Statutes chapter 466, the HRA will
indemnify and hold Grantor harmless from any and all claims, liabilities or causes of action,
including attorneys’ fees and costs, arising out of the use of the easements by the HRA, except to
the extent caused by the negligence or willful misconduct of Grantor or its successors or assigns.
Nothing herein shall be deemed a waiver by the HRA of the limits of liability set forth in
Minnesota Statutes, Chapter 466 and the HRA shall not be obligated to indemnify the Grantor for
any amounts in excess of the limits set forth therein, less any amounts that the City is required to
pay on behalf of itself, its officers, agents and employees for claims arising out of the same
occurrence.
B. Grantor will indemnify and hold the HRA harmless from any and all claims,
liabilities or causes of action, including attorneys’ fees and costs, arising out of the use of the
easements by the Grantee, except to the extent caused by the negligence or willful misconduct of
HRA or its successors or assigns.
4. Grantor’s Covenant. The above named Grantor, for itself, its successors and assigns,
does covenant with the HRA, its successors and assigns, that it is well seized in fee title of the above
described Grantor Property; that it has the sole right to grant and convey the easements to the HRA;
196165v1 4
that there are no unrecorded interests in the Grantor Property; and that it will indemnify and hold the
HRA harmless for any breach of the foregoing covenants.
[remainder of page intentionally blank]
[signature pages to follow]
196165v1 5
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this _______
day of _______________, 2018.
GRANTOR:
LB 49TH ½ STREET, LLC
By:
________________
Its:__________________________________
STATE OF _____________ )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2018, by _________________, the _________________ of LB 49th ½ Street,
LLC, a limited liability company, on behalf of said corporation.
___________________________________
NOTARY PUBLIC
196165v1 6
IN TESTIMONY WHEREOF, the HRA hereto has signed this document this _______ day of
_______________, 2018.
HRA:
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF EDINA
By:_________________________________
James B. Hovland, Its Chair
And:________________________________
Robert Stewart, Secretary
Attested By:______________________________
Scott Neal, Executive Director
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2018, by James B. Hovland, Robert Stewart, and Scott Neal, the Chair,
Secretary and Executive Director of the HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF EDINA, a public body corporate and politic of the State of Minnesota, on its behalf.
___________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
196165v1 7
EXHIBIT “A”
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
Legal Description of HRA Property:
196165v1 8
EXHIBIT “B”
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
Legal Description of Grantor Property (3948 Market Street):
A temporary easement for removal of paved parking and driveway purposes and aerial use of a
crane swing over, under, and across the following real property:
Lot 1, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition, and the West 35 feet of the
East 172 feet of the South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision
Number 172; together with that portion of West 49 ½ Street now vacated described as
follows:
The North 1.25 feet of the East 68.76 feet of that part of West 49 ½ Street abutting
the south boundary of the tract of land described as “Lot 1, Block 1, Replat of Lot
6, Block 1, Lund Kruse Addition, and the West 35 feet of the East 172 feet of the
South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision Number
172”,
according to the plat thereof on file and of record in the office of the Register of Deeds in
and for Hennepin County, Minnesota.
196165v1 9
EXHIBIT “C”
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
Legal Description of Permanent Easement:
196165v1 10
EXHIBIT “D”
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
Legal Description of Temporary Easement:
196165v1 1
(reserved for recording information)
GRANT OF PERMANENT AND
TEMPORARY EASEMENT
THIS EASEMENT AGREEMENT (“Agreement”) is made and entered as of the ____
day of __________________, 2018, by and between the HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF EDINA, a public body corporate and politic of the State of
Minnesota (“HRA”), and LB 49TH 1/2 STREET, LLC, a Minnesota limited liability company
(“Grantor”).
RECITALS
A. HRA is the fee owner of the real property at 3930, 3936, 3950 and 3944 Market
Street, which property is legally described on Exhibit A (“HRA Property”);
B. Grantor is the owner of the property abutting the HRA Property at 3948 Market
Street, which property is legally described on Exhibit B (“Grantor Property”);
C. In connection with improvements located on the HRA Property, including
construction of additional public parking as part of City Public Works Project 18-001, the HRA
requires permanent and temporary construction easements over the Grantor Property.
196165v1 2
NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and
other good and valuable consideration to it in hand paid by the HRA, the receipt and sufficiency of
which is hereby acknowledged by Grantor:
1. Permanent Easement. Grantor does hereby grant unto the HRA, its successors and
assigns, a permanent for public drainage and utility purposes over, across, on, under, and through
land situated within the County of Hennepin, State of Minnesota, legally described on the attached
Exhibit "C", including the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public drainage and utility systems over, across, on, under, and through the
permanent easement premises, together with the right to grade, level, fill, drain and excavate the
permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other
obstructions interfering with the location, construction, and maintenance of said public drainage and
utility systems.
2. Temporary Easement. Grantor does hereby grant unto the HRA, its successors and
assigns, a temporary easement over for utility service, including but not limited to a pole,
transformer and meters, across, on, under, and through land situated within the County of
Hennepin, State of Minnesota, legally described on the attached Exhibit "D" including access over
the parking loading area of the Grantor Property. To have and to hold the same, unto the City, its
contractors, agents, and servants, commencing upon execution of this document and expiring
October 31, 2018, together with the right of ingress to and egress from the temporary easement
premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the
utility service systems, at the will of the City, its successors and assigns. Grantor hereby grants the
uses herein specified without divesting itself of the right to use and enjoy the above described
196165v1 3
temporary easement premises, subject only to the right of the City to use the same for the purposes
herein expressed. As a condition of this temporary construction easement grant, the City shall,
upon relocation of the utility service system and prior to termination, restore the ground surface of
the temporary construction easement premises to its original condition so far as is reasonably
practicable with the exception of any grade changes, bank sloping, ditching, fills, slope
construction, cuts and any removal of earth, other materials, trees and other vegetation.
3. Indemnification.
A. Subject to the statutory limits under Minnesota Statutes chapter 466, the HRA will
indemnify and hold Grantor harmless from any and all claims, liabilities or causes of action,
including attorneys’ fees and costs, arising out of the use of the easements by the HRA, except to
the extent caused by the negligence or willful misconduct of Grantor or its successors or assigns.
Nothing herein shall be deemed a waiver by the HRA of the limits of liability set forth in
Minnesota Statutes, Chapter 466 and the HRA shall not be obligated to indemnify the Grantor for
any amounts in excess of the limits set forth therein, less any amounts that the City is required to
pay on behalf of itself, its officers, agents and employees for claims arising out of the same
occurrence.
B. Grantor will indemnify and hold the HRA harmless from any and all claims,
liabilities or causes of action, including attorneys’ fees and costs, arising out of the use of the
easements by the Grantee, except to the extent caused by the negligence or willful misconduct of
HRA or its successors or assigns.
4. Grantor’s Covenant. The above named Grantor, for itself, its successors and assigns,
does covenant with the HRA, its successors and assigns, that it is well seized in fee title of the above
described Grantor Property; that it has the sole right to grant and convey the easements to the HRA;
196165v1 4
that there are no unrecorded interests in the Grantor Property; and that it will indemnify and hold the
HRA harmless for any breach of the foregoing covenants.
[remainder of page intentionally blank]
[signature pages to follow]
196165v1 5
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this _______
day of _______________, 2018.
GRANTOR:
LB 49TH ½ STREET, LLC
By:
________________
Its:__________________________________
STATE OF _____________ )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2018, by _________________, the _________________ of LB 49th ½ Street,
LLC, a limited liability company, on behalf of said corporation.
___________________________________
NOTARY PUBLIC
196165v1 6
IN TESTIMONY WHEREOF, the HRA hereto has signed this document this _______ day of
_______________, 2018.
HRA:
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF EDINA
By:_________________________________
James B. Hovland, Its Chair
And:________________________________
Robert Stewart, Secretary
Attested By:______________________________
Scott Neal, Executive Director
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______ day of
________________, 2018, by James B. Hovland, Robert Stewart, and Scott Neal, the Chair,
Secretary and Executive Director of the HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF EDINA, a public body corporate and politic of the State of Minnesota, on its behalf.
___________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
196165v1 7
EXHIBIT “A”
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
Legal Description of HRA Property:
196165v1 8
EXHIBIT “B”
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
Legal Description of Grantor Property (3948 Market Street):
A temporary easement for removal of paved parking and driveway purposes and aerial use of a
crane swing over, under, and across the following real property:
Lot 1, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition, and the West 35 feet of the
East 172 feet of the South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision
Number 172; together with that portion of West 49 ½ Street now vacated described as
follows:
The North 1.25 feet of the East 68.76 feet of that part of West 49 ½ Street abutting
the south boundary of the tract of land described as “Lot 1, Block 1, Replat of Lot
6, Block 1, Lund Kruse Addition, and the West 35 feet of the East 172 feet of the
South 125 feet of the North 272.5 feet of Lot 36, Auditors Subdivision Number
172”,
according to the plat thereof on file and of record in the office of the Register of Deeds in
and for Hennepin County, Minnesota.
196165v1 9
EXHIBIT “C”
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
Legal Description of Permanent Easement:
196165v1 10
EXHIBIT “D”
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
Legal Description of Temporary Easement:
Date: F ebruary 1, 2018 Agenda Item #: V.A.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eques t F or P urchas e
F rom:Brian E. O ls on, P ublic Works Direc tor
Item Activity:
Subject:R equest for P urc hase - North R amp Expansion P W
2018-001 C hange O rder #1
Ac tion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Approve C hange Order #1.
I N TR O D U C TI O N:
T his item pertains to the expansion of the North R amp located at 3930-3944 M arket S treet. A change order is
proposed to accommodate simultaneous construction of the N orth P arking R amp and the redevelopment of the
C enter R amp with apartments, retail, public parking and public space.
AT TAC HME N T S:
Description
Staff Report
Consultant's Memo
Drawings
February 1, 2018
Housing and Redevelopment Authority
Brian E. Olson, Director of Public Works
Request for Purchase – North Ramp Expansion PW 2018-001 Change Order #1
Information / Background: The City awarded the construction of the North Ramp Expansion project
located on Market Street to Adolfson & Peterson Construction (A&P). The Center Ramp redevelopment
project will be administered and constructed by Frana Construction.
Prior to the award of the contract to A&P that allowed the construction to commence on January 2,
2018, a 12-month long public engagement period with the 50th and France business district was held.
The most important expressed concern communicated by businesses and residents was the ability to
be able to travel the district using Market Street, thereby allowing the parking ramp to remain open
during both construction projects. Another concern expressed was the ability for businesses to
continue operations of pickups, deliveries, and services rendered to the physical locations immediately
impacted along the Market Street/Halifax corridor between 50th and France Ave. As a result, promises
and commitments were made by City staff to coordinate with both contractors to discuss how to keep
this commitment.
City staff and our construction management company, SRF Consulting, met with Frana and the
development team of the Center redevelopment project on January 9 and discussed our options to
mitigate the issues due to the increased construction traffic.
Attached is a memo prepared by SRF that identifies the options that were discussed. Also attached are
three drawings that shows the area of roadway needed for each project. The first drawing titled
“Construction Phasing Step 3” was prepared by Frana and the last two drawings were prepared by
A&P showing Option 1 and 4 of the SRF memo. City staff recommends we approve option 4 that
includes a tower crane for the North Ramp Expansion project.
I.
12.0'
Construction Scope:
3930 & 3944 Construction continues
Center Ramp Demolition
South Mixed Use Construction
Duration: April - October 18'
Parking Impact:
North Ramp Vertical expansion
open. Center Ramp & Surface
Closed
Deficits shown below will be
handled with Free Valet Parking
(Vehicles to be parked within 2
blocks of district)
Construction Parking to be offsite
and shuttle provided.
District Parking Available:
Daytime Peak (12-2pm): -49 stalls
Access Impact:
Traffic on Market Street to be re-
duced to 2 lanes. Jersey Barriers
and protected walkways to be
installed.
Pick Up/ Drop & Delivery points
added to 50th street.
Flagman onsite during construction
hours.
111
Lull
0
Errarlj.V10
Existing Business Valet /Drop Off Zone\ /Existing Business Delivery Zone \\,_
W 60th Street nsh-- uctrIon Ph
Construction Phasing Step 3
April - October 2018
•
<Z!
\
/n PRIPish BUILDING I
4-- Parking Ramp Open I
a a
NORTH
PHASE
MII A •
7
• •FAIP21.41nlig.,APAPAIMIAP NWIZAKAPA• IMINIFAVA 4 uuiiiu . _ W,fiq1G ,
16_0'
J
4
••AKIIKAPISIPIA, tdraplir,do.
V:V
---I V I •
Coordinate Jersey Barrier installation to
Maintain Two Way tgaffic and Pedestrian
walkway to North RpcJcsiIru
sTriimo
caosswALK
Gareivri
Loading
Zone
0 Or Gate fo
Parking Ramp Loadin
Access
. ,
PLANR (TYPI Parking Ramii
PROPOSED LANDSCAPE Loading • TYP. n• Jersey Barriers
ev,,g.y Barriers\ r
'15'13 52' cacasgwACitp.,
Zone
• --A-acess
CO ate for
Loading
Zone
PROPOSED CLIRE. ANG
GLITIER TO DEIiEPLAca.li
MATCXI EXISTING%
PROP.ISEc, RAISED — •
PLANTER.
Coordinate Jersey Barrier
installation to Maintain Two
Way Traffic and Pedestrian[
walkway to North Ramp
Flagman Gate for
Loading:
„Flagman
for „„/Jereei barnelso,m„ PROPcs_ S. .=
d te Pum Truc
. • .
24.0' /777/'
Delivery Trucks
4e, - 1
3 — _
rr,•••
i00
PROPOSED GTA,RS a - / 618: RSIUNO ALONG.
I KliLDING FADE PRORGAD
LANDSCAP11 I !LEI U /5
P1.3ktiO6SE BUILDING 20
11,Egjev;sF
P.RpPCSEDPERWODS
ci
PAVEN DRAIN
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UNGERGRO NOPARKING - nu
PII0FMED AIR
IN-CAKE
PROPOSED BUILDING 2A
la 44o,
04PREAp EUILDIN
FeP
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0 PAVER DRAIN
VERHEAD EGILDING
DGEmPt PROPOSED BUILDING
0
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lag
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TRANSFORMER
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-OPOSED PERVIOUS
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! I :•
PROPOSED.STA IRS
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SEATING ARE' '
I
Id
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.13
r • •
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3
Existing • ams......emr
Ui IIIMIZZIMMGZUratatiltortareEl
PROPOSED
SC.I'.VVAL I( ' •
EXISTING
TRANSFORMER
OPDSED
STAIRS L
19
PROPOSED AIR
•,5 EX,IA'JST
, 2 0
S . .
PROPOSED '
PICK-UP I
DROI,DP
STALLS
,•''
COVered Walk to Serve Businesses full dutation--. •
EXISTING STRI" - a
CROSSWALK.1B
INN!Site Fence • 1-8 WI
t_
W
Q
.., ... / ..„
PROPSSO6 ) 7
.... .
1 /
FERVICUS FAVER i 1 / ., SXIQQ1s3 ORAN i V TFMNSFORMER / ...
i Covered Walk to ServelBusinesses
EXISTJIJO GAS -
' METERS
i 1
EXISTING
rtiansf0Pen as Site Conditions AllOw, doted during demo, earthwOrk, shoring, and facade work) ! .• .
• 2.:5E1 57 I xtlo e.v.#
55 I Page
ogi ics opti
atch phase 2 o
14 eo6 AE4ie. )i ,,6S'OS,61.E6 N Li' 0 : ..id@bP111.1
Date: F ebruary 1, 2018 Agenda Item #: V.B.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eport / R ecommendation
F rom:Debra A. Mangen, C ity C lerk
Item Activity:
Subject:Motion to C los e meeting of the Edina HR A as
permitted by MS . 13D.05 s ubdivis ion 3 to dis cus s the
potential S ale of R eal P roperty located at 5146 Eden
Avenue
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Adopt M otion as stated.
I N TR O D U C TI O N:
Date: F ebruary 1, 2018 Agenda Item #: V.C .
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eport / R ecommendation
F rom:Bill Neuendorf, Economic Development Manager
Item Activity:
Subject:C LO S ED S ES S I O N: Disc uss P otential S ale of R eal
Es tate - 5146 Eden Avenue
Disc ussion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
No action required. For discussion only.
I N TR O D U C TI O N:
T his item pertains to the potential sale of real estate for redevelopment purposes. An outline of potential terms will
be presented for discussion.
AT TAC HME N T S:
Description
Staff Report
February 1, 2018
Board of the Edina Housing and Redevelopment Authority
Bill Neuendorf, Economic Development Manager
Potential Sale of Real Estate - 5146 Eden Avenue
Information / Background:
In December 2017, the Edina HRA entered into a Preliminary Development Agreement with Frauenshuh
Inc. to explore a mixed-use redevelopment of the City’s former Public Works site located at Eden Avenue
and Arcadia Street. Frauenshuh was engaged after the Edina HRA conducted a competitive selection process
in 2014. The preferred concept for the site should include a combination of public and private elements and
be informed by the extensive public input collected during the previous studies. While the architects and
planners have been working on the new site plan concept, staff has also met with our development partner
to discuss the potential real estate transaction and development activities. Advisors from Dorsey & Whitney
and Ehlers Associates were engaged to inform the initial discussion.
While the land use concepts and design details are still being discussed, the redevelopment of this site could
consist of five distinct elements.
1) New civic building for arts and active adult programming (public)
2) Shared public parking garage (public)
3) Public park & amenity space on top of parking garage (public)
4) Market-rate residential tower with commercial flex space on first floor (private)
5) Affordably-priced residential flats (private)
The development, financing and construction approach to each element could be determined based on the
unique needs and desired outcomes of that element. A portion of the site could be sold for the residential
tower and affordable flats. The Edina HRA could retain ownership of other portions of the site.
The site is located in the Grandview 2 Tax Increment Financing (TIF) District and incremental taxes could be
used to fund eligible expenses necessary to deliver this combination of public and private elements. Grants
and loans could also be pursued to fund unique portions of the project.
Potential terms of a real estate transaction will be presented for discussion purposes.
Date: F ebruary 1, 2018 Agenda Item #: V.D.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eport / R ecommendation
F rom:Debra A. Mangen, C ity C lerk
Item Activity:
Subject:Motion to move back into O pen S ession Ac tion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Adopt motion as stated.
I N TR O D U C TI O N:
Date: F ebruary 1, 2018 Agenda Item #: VI.A.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
Advisory C ommunic ation
F rom:S haron Allis on, Executive As s is tant
Item Activity:
Subject:C orres pondence Information
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
None.
I N TR O D U C TI O N:
Attached is correspondence received since the last H R A meeting.
AT TAC HME N T S:
Description
Corres pondence
City of Edina Correspondence Submission
Corre sponde nce
Se le ction
Data Practice s Adv isory:
Any information submitted through this form will be emailed to all City Council Members and submitted for inclusion in the
next public “Council packet.” Council packets are permanent records of materials prepared for City Council meetings.
Council packets are public documents that are available in print, published on the City’s website and maintained in
permanent electronic records.
You are not required to complete any fields of this form. However, if you do not provide your name and street or email
address, your comments will not be included in the Council packet.
Ope n M e e ting Law
City Council Members receive and consider all feedback sent through this form. Because of the open meeting law,
Council Members cannot engage in back-and-forth emails involving a quorum of three or more members. For that
reason, you might not receive a response from them. You might also receive a response from a City staff member.
Email City Council:
If you only want to email the City Council and not send your comments for publishing, contact members at
CityCouncil@EdinaMN.gov. Contact Executive Assistant Sharon Allison, at SAllison@EdinaMN.gov, if you have any
questions or require assistance.
Council Packe t De adline
Correspondence must be received by noon the Thursday prior to a City Council meeting in order to ensure it is
published in the packet prior to the Council meeting. Submissions after that time may be included in a future Council
packet.
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File Upload
By submitting this form, I have read and agree to the Data Practices Advisory above.
Mayor & City Council
Jennifer Janovy
no dashes or spaces
This form has a word/character limit. Please see attached for my
correspondence. Thank you.
Attachments allow ed: pdf, jpg, png
Janovy correspondence Jan 22 2018.pdf 29.76KB
January 22, 2018
Dear Edina City Council/HRA Board:
Recently, you took another formal step to advance the possibility of a “lid” over Highway 100 at
Grandview. The bulk of feedback from residents has not been supportive of the project. Even
supportive feedback has been mostly cautious—they may like the concept, but not the intensity of
development, for example. That made me wonder:
Are there any objections that residents could raise at this point, or any number of residents
who could weigh in with objections, that would influence you to discontinue pursuit of this
project?
If yes, please specify.
If no, then why engage residents at all? If, as a City Council/HRA Board or individual, your mind is
made up that you will pursue this project to what you determine is the appropriate conclusion,
however long it takes, whatever the cost (if funding is found), then state it. Inform the Planning
Commission that the lid will be in the 2018 Comprehensive Plan. Please don’t ask residents for more
feedback if there is likely nothing any resident could say, or any number of residents could say, that
will change your mind.
The project is not supported by the Grandview processes, the current Comprehensive Plan, or the
Vision Edina outcomes. So, what was its impetus a few years ago, and what is driving your actions?
There is a sentiment in the community that this is a vanity project—the kind of project that gets
public officials invited to speak at symposiums, gets covered in local and national media, creates
opportunities for officials to make professional connections, build credentials, and raise their
professional and personal profiles—and that this, more than any need for development in the
community, is why this project is being pursued.
During the 2013-2014 Grandview process and 2015 community center study, Mayor Hovland spoke
against the idea of a community center that included a fitness component by pointing out that there
is a difference between wants and needs. Data gathered by professionals and paid for by taxpayers
showed that people wanted a community center with a fitness element—it was even in the
comprehensive plan to pursue—but did they need it?
With other significant opportunities for economic development in Edina (such as Pentagon Park and
Cahill), is the lid, with its intense development, a want or a need? It looks like a want to me—a
council, staff, and consultant want, not wanted or needed by the greater community.
I would appreciate answers to the questions raised above, and look forward to your response.
Thank you for your service.
Jennifer Janovy