HRA RES 2008-04 - 14515RESOLUTION NO. 2008-�4
RESOLUTION RATYFYING THE PAYMENT OF THE QUICK-TAKE DEPOSYT AND
THE ADVANCE OF FUNDS
BE IT RES�LVED by the Housing and Redevelopment Authority in a�d for the City of Fridley,
Minnesota (the "HRA"}, as follows:
Section ] . Recitals.
1.02 In HRA Resolution No. 2008-0�, it fo�d that the acquisition o� property
identified in Exhibit A, attached hereta and incorparated herein by reference (the "Property"), for
the establishment of a Fridley commuter rail station and related facilities will serve a public
purpose and further the goals and ob�ectives of the HRA.
1.02 In HRA Resolution No. 2008-01, the HRA authorized the acquisition of the
Property far public use by negotiation or by eminent domain under Minn. Stat. § 117.01 et seq.
1.03 In order to timely comzx�ence cons�ruction on the Fridley cornmuter rail station
and related facilities, includi�g an underpass tunnel, the HRA in its Resolution No. 2008-01
further authorized acquisifion by the `°quick take" process provided for in Mint;. Stat. § 117.042.
Minn. Stat. § 117.042 provic�.es for a deposit of the amount of an approved appraisal with the
Court Administrator at same time subsequent to 90 days fron� the service of notice of intent to
take possessio�.
1.04 In its Resolution No. HRA 200�-03 adopted Marc� b, 200$, the HRA approved
the appraisal for fhe Prop�rry and directed HRA stafi io facilitate the deposit of the appraisal
amount of $3,165,000.00 with the .Anoka County Couri Administrator.
1.05 In the matter of the Housing and Redeveiapment Authority in and for the City of
Fridley, Miru�esota, public body corporate and politic, Petitioner, vs. Main Street Fridley
Praperties, LLC, Respondent, an Order Granting Petition, Authorizing Payment far Deposit axid
Transferring Title Pursuant to Minn. Stat. § 117.042 was fiied April 22, 2008.
1.�6 On or before April 30, 2008, tne HRA has deposited vvith the District Court
Administrator the appraisal amaunt of $3,165,000.00 and additionally has paid. $3,000.00 in
attorneys' fees to Respondent's attorneys all as provided xn the Order.
1.07 A. Specza� Law included in Laws of Minnesota 2008, chapter 154, article 9,
section 23 provides that tax increments generated from Tax Increment District Nos. 11 a 12 and
13 (the "Specia.� Law TIF Districts") may be spent for the consiruction and land acquisition for a
tunnel under the Burlington Northern 5ante Fe railroad tracks.
1.08 The Special Law becomes effeciive upon approval by the governing body af the
City of Fridley and upon compliance by the City with Minn. Stat. §645.021 subd. 3. The Special
Law is on the City Council agenda for approval at its regular meeting o� May 5, 2008.
IIRA Resolution No. 2008-04
Section 2. Fin_„ din�s.
2.01 The Reciials in Section � are hereby adopted as Findings; moreover,
Page 2
2.02 The HRA has funds available in its Tax Increrr�ent Fin.ancing Districts No. 7
(Windfield) and No. 9(Onan) whzch are available for payment of the Property.
2.03 The HRA has funds available in its general fund for payment af the Property.
2.04 Tax Inerement Financing Districts Nos. 1 l, 12 and 13, as described in ihe Special
Law, have funds available for payment af the Property.
Section 3. Authorization.
3.01 For payment of the quick-take deposits and Respondeni's attortieys' fees, the
IIRA does hereby ratify and approve the following:
a. From TTF District 7, the amount of $578,000.00.
b. From TIF Dist�ict 9, the amount of $1,690,000.00.
c. Fro� TIF District 11, the arnount of $300,OOp.00
d. From TIF Dis�riet 12, the amourrt of $200,000.00.
e. From TIF District 13, the amaunt of $4Q0,000.00.
3.02 For the amounts ta be transferred from the Special Law TIF Districts, an advance
shall be made from the HRA general fund. Th� HRA general fund shali be reim�bursed by the
Speciai Law TIF Districts vcrhen the Special Law becorries effective.
Adopied by the HRA this 1 st day of May, 2008.
The motion %r the adoption of the foregozng resolu�ion was duly seconded by Commissioner
Billings and, upan vote bei�g taken thereon,
the following voted in favor thereof: Billir�gs, Gabe�, Holm and Meyer
and the following voted against:
and the following were absent: Commers
WHEREUPON said resolution was declared duly passed and adopted and was signed by the
Chairpersan and attested to by t�e Executive Director.
ATTEST:
�
Williat� W. Burns, Executive Director
Patricia Gabel hairpe n Pro Tern
�
HR.A Resolution No. 2068-04
CERTIFICATION
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I, William W. Burns, the duly qualifiecl Executive Director of the Housing and Redevelopment
Authority in ar�d for the C�ty of Fridley, County of Anoka, Minnesota, hereby certify that fhe
foregoing is a tz�ue and correct copy of HR.A Resolution No. 2008-04 passed by the HRA
Commissioners on the 15t day of May 2008.
/�f
Willia�n W. Burns, Executive Director