HRA RES 2008-02 - 14501RESOLUTION NO. HRA 2008-02
RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE HOUSING AND REDEVELOPMENT
AUTHORITY FOR THE CITY OF FRIDLEY AND THE STATE OF MINNESOTA, BY
AND THROUGH ITS DEPARTMENT OF TRANSPORTATION
BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Fridley,
Minnesota (the "HRA"), as follows:
Section 1. Recitals.
1.01 The HRA has determined that the establishment of a Fridley commuter rail station
and related facilities will further the goals and objectives of the HRA, and will further encourage
development and re-development of the area surrounding the commuter rail station.
1.02 It has been proposed that the HRA enter into the necessary agreements to acquire
the land for the construction of the commuter rail station and related facilities by executing a
Memorandum of Understanding (the "Memorandum"), Exhibit A, with the State of Minnesota,
by and through its Department of Transportation ("MN/DOT").
Section 2. Findin�s.
2.01 The Recitals in Section 1 are hereby adopted as Findings; moreover,
2.02 The HRA hereby approves the Memorandum substantially in the form presented
to the HRA and authorizes its Chairperson and Executive Director to execute the
Memorandum on behalf of the HRA with such additions and modifications as
those officers may deem desirable or necessary as evidenced by the execution
thereof.
PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF FRIDLEY THIS lOTH DAY OF JANUARY 8.
L wrence R. mers, Chair erson
ATTEST:
� " �.
William W. Burns, Executive Director
CERTIFICATION
I, William W. burns, the duly qualified Executive Director of the Housing and Redevelopment
Authority in and for the City of Fridley, County of Anoka, Minnesota, hereby certify that the
foregoing is a true and correct copy of Resolution No. HRA 2008-02 passed by the HRA
Commissioners on the lOth day of January 2008.
. w
.
William W. Burns, Executive Director
Resolution Na HRA 2008-02 Page 2
Exhibit A
Memorandum of Understanding
Between The State Of Minnesota and
The Housing And Redevelopment Authority In and For The City Of Fridley, Minnesota
WHEREAS, Minn. Stat. § 174.82 provides that the planning, development, construction,
operations and maintenance of commuter rail track and facilities are governmental functions,
serve a public purpose and are a matter of public necessity; and
WHEREAS, Minn. Stat. § 174.82 provides that the Commissioner of the Minnesota Department
of Transportation (hereinafter "Mn/DOT") is responsible for all aspects of commuter rail in
Minnesota; and
WHEREAS, Minn. Stat. § 174.82 authorizes the Commissioner to enter into a memorandum of
understanding with a public entity to carry out Mn/DOT's responsibility for commuter rail; and
WHEREAS, Mn/DOT has entered into the Fridley Master Agreement dated May 31, 2007 that
sets forth the conditions pursuant to which BNSF Railway Company (hereinafter `BNSF") will
construct a tunnel to serve the Fridley commuter rail station and to ultimately facilitate the
construction, operation and maintenance of the Fridley Station; and
WHEREAS, Mn/DOT has entered into a memorandum of understanding with the Anoka
County Regional Railroad Authority (hereinafter "ACRRA") to act as Mn/DOT's designee and
enter into the Underpass Construction Agreement with BNSF on behalf of Mn/DOT; and
WHEREAS, ACRRA has executed the Underpass Construction Agreement, and delivered it to
BNSF on November 13, 2007; and
WHEREAS, in order to construct the tunnel, transit station, and park and ride facility that will
serve the Fridley Station, it is necessary to acquire certain property described in Attachment 1
(hereinafter "the Property"); and
WHEREAS, the Housing and Redevelopment Authority in and for the City of Fridley,
Minnesota (hereinafter "the HRA") is a duly constituted housing and redevelopment authority as
defined in Minn. Stat. § 469.001 et seq., and has the powers enumerated therein including the
power to enter into and perform the obligations in this memorandum of understanding; and
WHEREAS, the HRA has adopted a Redevelopment Plan for Redevelopment Project No. 1 and
has included the area for Fridley Station in its Redevelopment Project No. 1; and
WHEREAS, it is in the best interest of the State of Minnesota that the Fridley Station be
constructed and the Property acquired as soon as possible to avoid the costs of delay.
THEREFORE pursuant to this memorandum of understanding the HRA will:
1. acquire the Property by purchase or condemnation; and
2. pay all costs associated with the acquisition of the Property; and
3. provide periodic progress reports to Mn/DOT.
Resolution Na HRA 2008-02
Pursuant to this memorandum of understanding Mn/DOT will:
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1. assist the HRA by providing advanced and final plans and other necessary
technical information relating to the Fridley Station; and
2. acknowledge that the financial contribution made by the HRA in the acquisition
of the property will be reimbursed subject to appropriation or considered part of
the local contribution for the completion of the Fridley commuter rail station.
IN WITNESS WHEREOF, the parties have caused this memorandum of understanding to be
duly executed intending to be bound thereby.
MINNESOTA DEPARTMENT OF TRANSPORTATION
I�
Carol Molnau, Commissioner of Transportation
Dated:
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
FRIDLEY
I�
Lawrence R Commers, Chairperson
I�
William W. Burns, Executive Director
Dated:
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