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Home My WebLink About2005-09-06 HRA Regular Meeting MINUTES OF THE JOINT MEETING OF THE • EDINA HOUSING AND REDEVELOPMENT AUTHORITY AND THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 6, 2005 7:00 P.M. ROLLCALL Answering rollcall were Commissioner/Member Housh, Hulbert, Masica, Swenson and Chair/Mayor Hovland. CONSENT AGENDA APPROVED Motion made by Commissioner/Member Housh and seconded by Commissioner/Member Swenson approving the Consent Agenda for the Edina Housing and Redevelopment Authority as presented. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson,Hovland Motion carried. *MINUTES OF THE JOINT MEETING OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY AND THE EDINA CITY COUNCIL FOR AUGUST 16, 2005, APPROVED Motion made by Commissioner/Member Housh and seconded by Commissioner/Member Swenson approving the Joint Meeting Minutes of the Edina Housing and Redevelopment Authority and the Edina City Council for August 15, 2005. Motion carried on rollcall vote—five ayes. TRANSFER OF PROPERTY— HAUGLAND DEVELOPMENT Director Hughes explained on May 3, 2005, the Council approved a Conditional Use Permit (CUP) for the mixed use redevelopment proposal of the Haugland Companies at 50th & France. The mixed use development will have both retail and residential uses. The approval was granted conditioned upon"platting the property to incorporate all easements, vacations and dedications". Mr. Hughes referred to Exhibit 1, which illustrated the property to be conveyed by the HRA to 5000 France LLC subject to reservation of easements. Mr. Hughes pointed out that Exhibit 2 illustrated a parcel of City property that lies between the two HRA parcels and would be conveyed to 5000 France LLC, subject to reservation of easements. Mr. Hughes said lastly, Exhibit 3 depicted the vacation of the utility easement to be relocated elsewhere on the property. He recommended the HRA and City conveyances should be conditioned upon the reservation of easements as appropriate for existing utilities and rights of way. New easements will be rededicated when the final plat of the property was filed following substantial completion of the proj ect. Gene Haugland, owner of the subject property stated that 5000 France, under the advice of their attorney's, was a regular limited liability corporation known as 5000 France Company. 1 Commissioner Masica made a motion to close the public hearing seconded by , Commissioner Housh. Ayes: Housh, Hulbert,Masica, Swenson, Hovland 16 Motion carved. Commissioner Swenson introduced the following resolution and moved its adoption: RESOLUTION NO.2005-3 CONVEYING CERTAIN PUBLIC RIGHT-OF-WAY PROPERTY TO 5000 FRANCE COMPANY NOW,THEREFORE, BE IT RESOLVED by the Edina Housing and Redevelopment Authority of the City of Edina, Hennepin County, Minnesota, that the following described real property is hereby authorized to be conveyed to 5000 France Company from the Edina Housing and Redevelopment Authority subject to reservation of easements for existing utilities and rights of way: PROPOSED LEGAL DESCRIPTION OF PROPERTY TO BE CONVEYED: Those parts of Lot 45, Auditor's Subdivision No. 172, Hennepin County, Minnesota described as follows: 1. Commencing at a point on the East line of said Lot 45, 190.00 feet North of the South line thereof,thence West along a line parallel to said South line a distance of 100.00 feet;thence North along line parallel to said East line a distance of 3.0 g a ne p 0 feet; thence East along a line parallel to said South line a distance of 100.00 feet to a point in said East line 3.00 feet North of the point of beginning;thence South along said East line a distance of 3.00 feet to the point of beginning;and 2. The North 3.00 feet of the South 193.00 feet of the West 13.90 feet of the East 113.90 feet; also the North 1.90 feet of the South 191.90 feet of the West 36.10 feet of the East 150.00 feet,all in Lot 45,Auditor's Subdivision No.172,Hennepin County,Minnesota;and 3. That part of the North 113.00 feet of the South 183.00 feet of the East 150.00 feet of said Lot 45, Auditor's Subdivision No. 172, Hennepin County, Minnesota, bounded by the following described line: Beginning at the Northeast corner of the South 183.00 feet of said Lot 45,thence South 00 degrees 20 minutes 20 seconds East,assumed basis of bearings 4.15 feet along the East line of said Lot 45; thence on a bearing of West 48.18 feet; thence Westerly 49.02 feet along a tangential curve, concave to the South radius 101.29 feet, central angle 27 degrees 43 minutes 43 seconds; thence South 62 degrees 16 minutes 17 seconds West, 32.39 feet; thence Southwesterly 43.93 feet along a tangential curve, concave to the Southeast,radius 50.00 feet, central angle 50 degrees 20 minutes24 seconds, to the West line of the East 150.00 feet of said Lot 45; thence North 00 degrees 20 minutes 20 seconds West 64.78 feet along said West line, to the North line of the south 183.00 feet of said Lot 45;thence on a bearing of East 150.00 feet along said North line to the point of beginning, Except, however,that part above an elevation of 897 feet above mean sea level,1929 adjustment. Which lie east of the west line of the east 101.42 feet of said Lot 45. Also,the South 2.45 feet of the East 51.00 feet of Lot 47,Auditor's Subdivision No.172,Hennepin County,Minnesota. Passed and adopted this 6th day of September,2005. Attest: 2 ordon L.Huge Executive James B.Hovland,Chair Director Commissioner Hulbert seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Member Housh made a motion, seconded by Member Swenson to close the public hearing. Ayes: Housh, Hulbert, Masica, Swenson, Hovland. Motion carried. Member Masica made a motion introducing the following resolution and moving its adoption, granting the requested easement conditioned upon a rededication of required easements: RESOLUTION NO. 2005-81 A RESOLUTION APPROVING VACATION OF PUBLIC UTILITY EASEMENT FOR HAUGLAND DEVELOPMENT WHEREAS, a motion of the City Council, on the August 2, 2005, fixed a date for a public bearing on a proposed vacation of utility easements; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on September 6, 2005, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any persons, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described public utility easements are hereby vacated effective as of August 16, 2005: PROPOSED LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENTS TO BE VACATED: The West 10 feet of the East 56 feet of the South 42 feet of Lot 47, Auditor's Subdivision No. 172, according to the recorded copy thereof Also the West 10 feet of the East 56 feet of the North 3 feet of the South 193 feet of Lot 45, said Auditor's Subdivision No. 172. BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. Passed and adopted this 6th day of September, 2005. Member Hulbert seconded the motion. Rollcall: Ayes: Housh, Hulbert, Masica, Swenson, Hovland, 3 t Motion carried. , Member Hulbert made a motion to close the public hearing for the conveyance of a parcel of property to 5000 France Company of the public right of way subject to reservation of easements as appropriate, seconded by Member Swenson. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. Member Masica made a motion approving conveyance to 5000 France Company of the public right of way subject to reservation of easements as appropriate, seconded by Member Swenson. Member Housh seconded the motion. Ayes: Housh, Hulbert, Masica Swenson, Hovland Motion carried. *CONFIRMATION OF CLAIMS PAID Motion made by Commissioner/Member Housh and seconded by Commissioner/Member Swenson approving the payment of claims dated August 17, 2005, TOTAL $737.50. Motion carried on rollcall vote—five ayes. There being no further business on the Edina Housing and Redevelopment Authority Agenda, Chair Hovland declared the meeting adjourned. Executive Director 4