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HomeMy WebLinkAbout1975-07-01 HRA Regular Meeting AGENDA Housing and Redevelopment Authority of Edina, Minnesota Tuesday, July 1 , 1975 , at 7 : 30 P .M. Edina City Hall 1. R 1 Call. ) 2. Rec mmendations and Reports . A. Property Acquisition - Twin City Federal . B. Urban Design Presentation - BRW. C. Cooperative Agreement - Unpaid Special Assessments . D. Second Quarter Fiscal Report . E. Report on Construction Management . F. Bids for General Contractor. G. 'Status of Lunds . 3. Adjournment . MINUTES OF THE REGULAR MEETING OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA HELD TUESDAY, JUNE 3, 1975 EDINA CITY HALL 1. Roll Call: Charles W. Freeburg, Chairman Lawrence W. Rixe William F. Greer Gary B. Lyall Staff Present: Greg Luce, Executive Director David Schnobrich, Project Planner Lynnae Nye, Secretary 2. Approval of the Minutes of the Previous Meeting, Held May 6, 1975, and Adjourned to May 12, 1975. Mr. Lyall moved the minutes of the H.R.A. meeting held May 6, 1975, and adjourned to May 12, 1975, be approved as written. Mr. Freeburg seconded the motion and upon roll call the following voted: Ayes: Mr. Rixe, Mr. Lyall, Mr. Freeburg, Mr. Greer. Nays: None. Motion carried. 3. Recommendations and Reports. E. Property Acquisition. Mr. Luce recalled that because Mr. Robert Sykes of the 50th and France Twin City Federal office is a member of the businessmen' s steering committee, was chairman of the 50th and France businessmen's committee, and has continually supported the project, he did not anticipate any problems in acquiring an option on the TCF property needed for the north side ramp. After reviewing the ramp design and option request, however, Mr. Neil Solberg, the TCF development coordinator, asked for three allowances; namely, an opening in the rear of the ramp directly across from the TCF entrance, information about the area's loading and unloading facilities, and a covered walkway between the ramp and the buildings along the north side of 50th Street. The loading and unloading information was supplied, and Mr. Solberg was informed that the requested rear ramp opening would be incorporated into the ramp design. However, when it became apparent the affected property owners would not agree to a full assessment for a covered walk- way, Mr. Solberg suggested the ramp be constructed underground; he was then informed that an underground ramp would not be feasible because the construction and maintenance costs would be prohibitive due to excavating,. utility, lighting, safety, sprinklering, and other factors. Mr. Luce stated that although he had been promised a hearing before the TCF "building committee", he was informed earlier that day (6-3-75) by Mr. Solberg that he and Mr. Harvey Kuhnley, president of Twin City Federal, had decided the three level ramp was unacceptable and they would therefore not sell the property needed to construct the ramp. Mr. Luce stated that in an attempt to procure a reversal of that decision, a letter from Warren C. Hyde, the City Manager, will be prepared and sent to Mr. Kuhnley requesting an opportunity to present the ramp design plans and explain the H.R.A. 's point of view. He noted that a resolution authorizing condemnation proceedings will be needed if that attempt is unsuccessful. 6-3-75 H.R.A. Minutes, page 2 Lengthy discussion followed regarding Twin City Federal's decision not to sell and their reasons for that decision, the condemnation process, alternatives to condemnation including postponement or abandonment of the north side ramp construc- tion, and the effect of those alternatives or pursuit of condemnation procedures on the ramp construction timetable. Mr. Luce recommended the H.R.A. authorize condemnation of the TCF property. He explained it is imperative that that parking be made available before the Peterson Appliance and former Lunds grocery stores are remodeled and upgraded. The possible establishment of a sanitation district and time limits on certain parking stalls were also discussed. Mr. Rixe stated he would be reluctant at the present time to offer a resolution authorizing condemnation based on the amount of information available, and he feels it would be premature to authorize that action until one last effort has been made to resolve the differences and reach a meeting of the minds. He suggested the letter from Warren Hyde to Mr. Kuhnley be sent as soon as possible, and if that effort to gain a reversal fails, then a special meeting could be called to authorize a resolution of condemnation. All generally agreed. A. N.S.P. Contract for Undergrounding. B. Northwestern Bell Telephone. Mr. Luce explained that N.S.P. has agreed to accomplish the undergrounding of utilities on the north side for $13,000 if the City of Edina will make the cuts in the blacktop and resurface it. The charge for work to be done by the Edina Public Works Department is estimated to be approximately $8,000, and Northwestern Bell will charge $1,000 to connect their transformers to the buildings which do not now exist. He noted that although $88,000 was budgeted for undergrounding of utilities in the entire project area, the total cost for the north side should not exceed $22,000. After brief discussion, a motion authorizing the expenditure of $13,000 to N.S.P. , $8,000 to the City of Edina, and $1,000 to Northwestern Bell ($22,000 total) for the undergrounding of utilities on the north side of 50th Street was made by Mr. Lyall and seconded by Mr. Greer. Upon roll call the following voted: Ayes: Mr. Rixe, Mr. Lyall, Mr. Greer, Mr. Freeburg. Nays: None. Motion carried. A motion authorizing signature of the N.S.P. undergrounding contract for $13,000 was then made by Mr. Lyall and seconded by Mr. Greer. Upon roll call the following voted: Ayes: Mr. Rixe, Mr. Lyall, Mr. Greer, Mr. Freeburg. Nays: None. Motion carried. C. Edina Electric. Mr. Luce informed the Authority that there will be an unanticipated cost of about $1,000 to extend the electrical lines from the transformers to the construc- tion limits 'of the ramp and to the present liquor store site. He explained that Edina Electric Co. has been selected to extend those lines because that company will be installing service to the former Lunds grocery store, TCF, and other buildings in the area. No action taken. 6-3-75 H.R.A. Minutes, page 3 D. North Side Ramp - Advertisement for Bids. Mr. Luce presented a flow chart of activities for construction of the north side parking ramp. He stated that the method of bidding in two phases (first for the precast concrete panels and then for the general contractor) was suggested by the ramp designer because production of the precast panels requires 10 weeks of shop work and design. After brief discussion, a motion authorizing the advertisement of bids for the precast concrete panels for the north side ramp was made by Mr. Rixe and seconded by Mr. Lyall. Upon roll call the following voted: Ayes: Mr. Rixe, Mr. Lyall, Mr. Greer, Mr. Freeburg. Nays: None. Motion carried. Mr. Tom O'Connell, 4825 Townes Road, suggested the H.R.A. serve as the general contractor and hire a construction manager, then bid each item separately to subcontractors. The Authority generally agreed that that procedure may cause considerable savings, and instructed the Executive Director to investigate that possibility. F. Resolution Allowing Executive Director to Pay Claims. Mr. Luce requested clarification on the procedure he should follow in paying claims. He explained that at the present time all checks must be signed by either the chairman or vice-chairman and by the Director or Executive Director. After discussion, Mr. Rixe moved that any two of the following, the Executive Director, Director, or Finance Director, be authorized to sign checks and pay . claims of less than $10,000 for previously approved contracts; checks for claims of $10,000 and over must be processed according to the present procedure. Mr. Greer seconded the motion, and upon roll call the following voted: Ayes: Mr. Rixe, Mr. Lyall, Mr. Greer, Mr. Freeburg. Nays: None. Motion carried. Mr. Rixe then moved that a list of disbursements (a list of the check numbers, the amounts, and who the checks were made payable to) be prepared and submitted to the H.R.A. on a quarterly basis. Mr. Lyall seconded the motion, and upon roll call the following voted: Ayes: Mr. Rixe, Mr. Lyall, Mr. Greer, Mr. Freeburg. Nays: None. Motion carried. G. Next Meeting Date. Mr. Luce requested the H.R.A. postpone their regular July meeting date from July 1 to July 7 in order to better expedite the flow chart of activities for construction of the north side parking ramp. All generally agreed to meet on July 7 rather than July 1, 1975. Mr. Freeburg again noted that a special meeting may be called the week of June 9 to authorize, 6-3-75 H.R.A. Minutes, page 4 if necessary, condemnation of part of the Twin City Federal property. H. Revised Budget. Mr. Luce presented a revised budget as requested by the H.R.A. No action was taken. I. Mr. Luce presented copies of an environmental assessment for the 50th and France Commercial Area Redevelopment Project, prepared by Mr. Gordon Hughes, the Environmental Planner, and Mr. Fran Hoffman, the Assistant City Engineer, in connection with the city/county application for Community Development funds. No action was taken. J. Mr. Gary Lyall announced that he must resign from the H.R.A. effective June 13, 1975, because he will be leaving the community to pursue other career interests. On behalf of the H.R.A. , Mr. Freeburg expressed their regret and thanks for Mr. Lyall's outstanding contribution and service. 3. Adjournment. No further discussion being heard, Mr. Rixe moved the 6-3-75 H.R.A. meeting be adjourned at 9:45 P.M. Mr. Freeburg seconded the motion, and upon roll call the following voted: Ayes: Mr. Rixe, Mr. Lyall, Mr. Greer, Mr. Freeburg. Nays: . None. Motion carried. Meeting adjourned. Respectfully submitted, �Y 4—c-� U Greg Luce, Executive Director In s MINUTES OF THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT AUTHORITY 'OF EDINA, MINNESOTA HELD THURSDAY, JUNE 19, 1975 EDINA CITY HALL 1. Roll Call: Charles W. Freeburg, Chairman James W. Nelson Frederick S. Richards Lawrence W. Rixe. Staff Present: Greg Luce, Executive Director David Schnobrich, Project Planner Robert C. Dunn, City Engineer Lynnae Nye, Secretary Mr. Luce announced that Frederick S. Richards was appointed to the H.R.A. by the Edina City Council to replace Gary Lyall, who resigned. Mr. Richards signed the Oath of Commissioner of the Housing and Redevelopment Authority of Edina, Minnesota. 2. Recommendations and Reports. A. Property Acquisition - Twin City Federal. Mr. Luce recalled that in response to a letter from Warren Hyde, the City Manager, to Harvey Kuhnley, president of Twin City Federal, a meeting was held with Mr. Kuhnley and Neil Solberg, the director of development for TCF, on June 17th to explain the project and ramp design in greater detail and to ask them to reconsider their decision not to sell the property needed to construct the north side parking ramp. Mr. Kuhnley indicated again at that time that Twin City Federal could not agree to sell the land and the H.R.A. would have to condemn the property in order to acquire it. Mr. Luce stated that in a conversation with Mr. Kuhnley the day after that meeting and in a follow-up letter, he indicated the H.R.A. would probably enter into condemnation, and he made two requests on behalf of the H.R.A. Those requests were: 1. that the H.R.A. 's attorneys be allowed to use TCF's abstract and update it to draft the proper condemnation certificate; and 2. that TCF waive the right of trespass and grant Edina a permit to enter onto their property at 50th and France to construct the parking ramp. Mr. Luce added that TCF has also been asked to grant Edina an easement for the underground utilities. No response to any of these requests has been received as yet. The June 17th meeting with Mr. Kuhnley and Mr. Solberg was briefly discussed. The design and construction alternatives suggested by TCF were reviewed; Mr. Luce explained the building and maintenance costs would be prohibitive due to the existing locations of a storm sewer and gas main and due to the lighting, drainage, safety, and other factors involved. After lengthy discussion, Mr. Nelson moved the following resolution, authorizing condemnation of the TCF property needed for the north side parking ramp, be adopted. Mr. Rixe seconded the motion, and upon roll call the following voted: Ayes: Mr. Nelson, Mr. Richards, Mr. Freeburg, Mr. Rixe. Nays: None. Motion carried. 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 6-19-75 H.R.A. Minutes, page 2 parking and utility purposes, and pursuant to the redevelopment plan entitled "50th and 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, Minnesota, 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 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 H.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 commencement, prosecution, and successful termination of such eminent domain proceeding. ADOPTED by the Housing and Redevelopment Authority of Edina this 19th day of June, 1975. HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA by (s) Charles W. Freeburg Its Chairman and (s) L. W. Rixe Its Secretary B. Cooperative Agreement - 50th and France Improvements. Mr. Luce presented a proposed cooperative agreement between the H.R.A. and the City of Edina for the 50th and France redevelopment project improvements. He noted it provides in part that the City will sell the south side ramp to the H.R.A. for the cost of the outstanding special assessments on that ramp; the H.R.A. will then add two levels to it and sell it back to the City of Edina. Mr. Rix& moved the cooperative agreement be approved and executed as presented. Mr. Nelson seconded the motion. 6-19-75 H.R.A. Minutes, page 3 Mr. Dunn, the City Engineer, questioned whether the H.R.A. would pay the full unpaid balance on the ramp assessment of a property owner in arrears. All generally agreed the intent of the cooperative agreement would preclude payment of any delinquent balance on that special assessment. Mr. Luce agreed to consult Tom Erickson, the City Attorney, to determine whether the agreement should be modified to address that concern. Mr. Freeburg recalled Mr. Rixe's earlier motion to approve the cooperative agreement was seconded by Mr. Nelson. Upon roll call the following voted: Ayes: Mr. Nelson, Mr. Freeburg, Mr. Rixe. Nays: None. Mr. Richards abstained. Motion carried. C. Environmental Assessment - 50th and France. Mr. Luce recalled that an environmental assessment for the 50th and France redevelopment project was distributed at the June 3rd H.R.A. meeting. Following brief discussion, Mr. Rixe moved the environmental assessment be approved as written. Mr. Nelson seconded the motion and upon roll call the following voted: Ayes: Mr. Nelson, Mr. Freeburg, Mr. Rixe. Nays: None. Mr. Richards abstained. Motion carried. D. Authority to Exercise Options - Lunds. Mr. Luce recalled that options have been obtained at the 'appraised value for three properties needed for the north side parking ramp. He requested authority to exercise those options at this time. In reply to Mr. Freeburg, Mr. Luce clarified that Howard Shenehon did the appraisals. The cost will be $3.60 per square foot, for a total cost of $160,000. After brief discussion regarding the proposed purchase price, Mr. Nelson moved the Executive Director be given the authority to exercise the three options between Kruse, Lund, and Edina Properties, Inc. and the Edina Housing and Redevelopment Authority, and the chairman and secretary are thereby authorized to execute those options. Mr. Rixe seconded the motion, and upon roll call the following voted: Ayes: Mr. Nelson, Mr. Richards, Mr. Freeburg, Mr. Rixe. Nays: None. Motion carried. E. July Meeting Date. Noting the timetable for bids on the construction of the north side ramp has been slightly modified, Mr. Luce requested the July meeting date be rescheduled to July 1. All generally agreed the July H.R.A. meeting should be held as regularly scheduled on July 1, 1975. 6-19-76 H.R.A. Minutes, page 4 F. Authority to Negotiate and Receive Easements. Mr. Luce informed the Authority that easements will be required over several properties in order to accomplish the proposed street, walkway, and utility improvements. He noted that no additional cost is anticipated, but the easement forms will require signatures. After brief discussion, Mr. Rixe moved the Executive Director be authorized to negotiate and enter into the requisite easements for street, pedestrian, and utility purposes. Mr. Nelson seconded the motion, and upon roll call the following voted: Ayes: Mr. Nelson, Mr. Richards, Mr. Freeburg, Mr. Rixe. Nays: None. Motion carried. G. Mr. Luce briefly reviewed the most recent plans for the northwest quadrant of 50th and France, including sketches of the proposed street furniture, land- scaping, and lighting, and the proposed treatment of 50th Street, the pedestrian areas, and the area around the ramp, particularly between the ramp and Twin City Federal. He noted that a full presentation by Bather, Ringrose, Wolsfeld can be expected at the July 1st meeting. No action taken. 3. Adjournment. Mr. Rixe moved the special H.R.A. meeting of June 19, 1975, be adjourned at 1:10 P.M. Mr. Nelson seconded the motion, and upon roll call the following voted: Ayes: Mr. Nelson, Mr. Richards, Mr. Freeburg, Mr. Rixe. Nays: None. Motion carried. Meeting adjourned. Respectfully 4ubmitted, A, Executive Greg Luc Director June 27, 1975 MEMORANDUM TO: Edina Housing and Redevelopment Authority FROM: Greg Luce, Executive Director SUBJECT: Recommendations and Reports. A. Property Acquisition - Twin City Federal. r Enclosed is a letter from Harvey Kuhnley to Chuck Freeburg which identifies the TCF position. We have responded with the enclosed Chuck Freeburg letter. Further discussions with TCF have evolved, and their position is that they will give us the easements and permit to enter so that we can begin the ramp construction on time, but they are still studying the matter of the value of the land and condemnation. B. Urban Design Presentation - BRW. Bather, Ringrose, Wolsfeld, Inc. has completed preliminary graphics for the north side urban design and will make a presentation on Tuesday night. I am presently reviewing that set of graphics with other department heads of the City and will bring to you their comments. C. Cooperative Agreement - Unpaid Special Assessments. Enclosed is a copy of the revised cooperative agreement per questions by the H.R.A. at the last meeting. Please note that the section regarding unpaid special assessments has been modified so that the H.R.A. will not subsidize landowners who have not paid their taxes. D. Second Quarter Fiscal Report. Mr. Dalen, the Finance Director, is preparing a financial report per the H.R.A. 's request. This report will be available Tuesday night. E. Report on Construction Management. Pursuant to the H.R.A. 's request, Bob Dunn and myself met with Knutson Corp. and with another firm, Construction Management Services, Inc. , regarding the value of construction management for the ramp. Both firms indicated that we have in essence been acting as a construction manager and are too far along for a valued input from a construction manager. It is therefore our recommendation that a general contractor be used as earlier proposed and that the prestressed contract be assigned to the general contractor. F. Bids for General Contractor. According to our time schedule, we should bid for the general contractor on July 8th and have that bid run for three weeks in the newspaper. The ramp consultant Memo to H.R.A. June 27, 1975 Page 2 has indicated that his specifications and drawings will be prepared on time. The staff therefore requests that it be authorized to advertise for bids for the general contractor of the north side ramp (Project P-3) . G. Status of Lunds. Lunds' are presently in working drawings for the remodeling of their former grocery store, and have met with the building inspector several times regarding a building permit. Construction on the remodeling should begin shortly. I Please recall that the pre-bids for the prestressed concrete and sealing are due July 11th, and the H.R.A. has agreed to meet on July 14th to review and approve a bid. This meeting should be adjourned to that date. GL:ln 6/27/75 s t f TWIN CITY FL'DL•RAL SAVINGS AND LOAN AssocIATION MARQUETTL' AT EIGHTH STREET • XtIKNEAPOLIS,MINNESOLA 55902 370—7000 s IIAR`•EY M KI'HXLEY d'"I ' June 24 , 1975 Mr. Charles W. Freeburg Chairman, Housing and Redevelopment Authority of Edina Edina City Hall Edina, Minnesota Dear Mr. Freeburg: You have requested that Twin City Federal give up its present parking lot behind our 50th and France office for construction of a parking ramp and grant easements across our other property for installation of underground utilities. We will reluctantly agree to these requests, not because we are opposed to either of them but because we feel the overall redevelopment project will , unalterably change the character of the 50th and France community from the present one and two-story pedestrian neighborhood shopping center to a city- like atmosphere with emphasis on amenities for automobiles rather than for people. As you know, Twin City Federal and its Edina office, which has been located near the corner of 50th and France for twelve years , has been a strong supporter of efforts to improve the business district for the benefit of the business community, our revenue-producing commercial tax base and above all, for the citizens of Edina who make use of the corner facilities . This support has included efforts to improve the area by construction in 1971 of a substantial new Twin City Federal building and community room, participation with the City in the early 1970' s to improve parking in the lots behind our building and the buildings of our immediate neighbors , and in planning additional multi-level parking facilities on the site of our present. lot. We have not changed our philosophy, but we have strong reservations about the advisability of amending the proposed plans from a ramp ten feet high - well below the roof line of existing buildings - to a ramp thirty feet high, extending r well above the roof line of all present structures in the area. I Mr. Charles W. Freeburg June 24, 1975 Page Two Admittedly we are not happy with the fact that the new ramp plan would j totally obscure our building on two of its present exposed three sides. However, in the interest of improved parking for all businesses and shoppers , we can submerge our individual pride in a structure which we feel has been a significant recent addition to the over-all character of the neighborhood. But it is the neighborhood with which we are most concerned. Gradual 1 evolution of a shopping district from one-story to multi-story and from locally operated shops to multi-outlet franchise operations is perhaps inevitable and, while a poor substitute for over-all planning and design, is still acceptable to neighbors and patrons . Revolutionary change, however, in the form of a massive , concrete monolith towering above the individual shops is less acceptable , parti- cularly when it is done without public hearings by the city council and other i agencies involved. There have been no such hearings since the plan was modified from a ten-foot structure to a thirty-foot structure and we feel the people have a right to such hearings when so large and so lasting a change is involved. There is a saying among architects that "we design our buildings, there- �! after they design us. " Considering the deterioration of central business districts throughout the United States and the enormously costly efforts being made in cities such as Minneapolis and St. Paul to upgrade the appearance and attractiveness of shopping areas - with green space, recreation facilities , and other amenities such as ' playgrounds, fountains , parks and benches for shoppers to ease their tired feet and to create a pleasant, relaxed atmosphere - we question the wisdom of erecting a three-story parking ramp in the very heart of our local community and, in fact, see such a structure as a step backward and a repetition of mistakes older and larger communities have made in the past and are paying dearly for in the present. Before proceeding with a modification such as this , we urge the Edina Housing and Redevelopment Authority to make the changed proposals fully known to the business community and neighborhood and, thereby, subject it to considered public and governmental scrutiny as a major change in plans. We do not believe that the additional level and change of design contributes sufficiently to the increase in parking to justify the additional expense in esthetics or dollars, particularly when much of the anticipated loss of non-peak traffic parking space is due to the constriction of 50th street by removal of two of the four lanes of traffic. Mr. Charles W. Freeburg June 24, 1975 Page Three In summary, we do not believe erection of the tallest and by far the largest building in the area to be constructed, at public expense, should be embarked upon in haste by a few with the strong possibility that many will repent at leisure over the course of the next fifty years , and we urge that an alternative parking solution - partially underground or in some other less obtrusive fashion - be explored, carefully planned, and approved by the public at large. I need not remind you that my family and I have lived near the corner of 50th and France for many years and my concern as a resident is equal to my concern as a representative of Twin City Federal. Sincerely, Harvey M. Kuhnley� President - cc: James Van Valkenburg, Mayor, Edina Warren C. Hyde, City Manager, Edina Members , Edina Village Council Greg Luce, Edina City Planner Sun Newspaper c•r'r��,.1/ +zs �\ 1 ^'K •-'� T 4801 WEST FIFTIETH STREET EDINA, MINNESOTA 55424 June 25 , 1975 927-8861 Mr. Harvey M. Kuhnley, President Twin City Federal Savings and Loan 801 Marquette Avenue Minneapolis , Minnesota 55402 Dear Mr. Kuhnley: We are pleased that Twin City Federal has agreed to sell its property and grant easements to the Edina Housing and Redevelop- ment Authority. I am enclosing a set of documents to fulfill these purposes , and have instructed our staff to pursue the acquisition with Mr. Solberg from your office. I agree in many respects with the concerns expressed in your June 24th letter regarding the height of the ramp . Because of these concerns a month was spent meeting with our design and ramp consultants and with the businessmen' s association and steering committee. It was the concensus that the change in ramp height was dramatic but necessary to fulfill the parking demands of the area . Prior to approving the increased height of the ramp , assur- ances were sought and received from the design consultant that a softening and blending of structures was possible and attainable . This was ordered as was the heightening of the ramp . VThile the H.R.A. communicates often and openly with the City Council through its staff and directly , the prime responsibility for redevelopment decisions rests with the H.R.A. We have attempted to gain maximum participation in decision making by posting our agendas, extensive mailings of minutes and agendas , and having our staff discuss the project with all interested civic and cultural groups . The H. R.A. is proud of this effort , and many excellent ideas and public support have been the result . Our staff has been instructed to examine the other concerns stated in your letter and work toward their resolution with Mr. Sykes or any other delegate you so choose. I look forward to a good working relationship and mutual satisfaction in regard to the redevelopment program with Twin City Federal and yourself. Mr. Harvey M. Kuhnley June 25 , 1975 Page 2 We are immediately concerned with the timing of development , and must work around our construction season and Christmas demands . We therefore request your attention to the option and easements , and we will pursue a review of the concerns stated in your letter. Sincerely, Charles W. Freeburg, Chairman Edina Housing and Redevelopment Authority In Enc. cc James Van Valkenburg, Mayor Warren C. Hyde , City Manager Members , Edina City Council Members , Edina Housing and Redevelopment Authority Greg Luce , City Planner Robert Sykes , Edina Twin City Federal Sun Newspaper 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 CH.R.A. 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 TMEREAS, 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 1 429.041, 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 .(5) 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. 1 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- i 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 REDEVELOPMENT AUTHORITY COMPARATIVE ACTUAL WITH BUDGETED COSTS FOR SIX MONTHS ENDED JUNE 30, 1975 Accrued Budget Difference PERSONAL SERVICE - CITY CONTRACT Executive Director $ 4,483 $ 11,000 $ 6,517 Secretary 539 41000 3,461 Project Planner (100% project time) 5,762 11,000 5,238 Engineering, Financial, and other -2,507 4,000 1,493 $13,291 $ 30,000 $16,709 I 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 $ 11900 $ 1,150 CENTRAL SERVICES - CITY CONTRACT $300 per month at 12 months $ 11800 $ 3,600 $ 11800 $ 1,800 $ 3,600 $ 1,800 $67,895 $143,500 $75,605 ( ) indicates red figure JD:ln 6/30/75